I 
117TH CONGRESS 
1ST SESSION H. R. 1688 
To amend the Indian Child Protection and Family Violence Prevention Act. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2021 
Mr. GALLEGO (for himself and Mr. YOUNG) introduced the following bill; 
which was referred to the Committee on Natural Resources 
A BILL 
To amend the Indian Child Protection and Family Violence 
Prevention Act. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Native American Child 
Protection Act’’. 
SEC. 2. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE 
PREVENTION ACT AMENDMENTS. 
The Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3202 et seq.) is amended as 
follows: 
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(1) By amending section 403(3)(A) (25 U.S.C. 
3202(3)(A)) to read as follows: 
‘‘(A) in any case in which— 
‘‘(i)(I) a child is dead or exhibits evi-
dence of skin bruising, bleeding, malnutri-
tion, failure to thrive, burns, fracture of 
any bone, subdural hematoma, soft tissue 
swelling; and 
‘‘(II) such condition is not justifiably 
explained or may not be the product of an 
accidental occurrence; or 
‘‘(ii) a child is subjected to sexual as-
sault, sexual molestation, sexual exploi-
tation, sexual contact, or prostitution;’’. 
(2) In section 409 (25 U.S.C. 3208)— 
(A) in subsection (a)— 
(i) by striking ‘‘The Secretary of 
Health 
and 
Human 
Services, 
acting 
through the Service and in cooperation 
with the Bureau’’ and inserting ‘‘The Serv-
ice, in cooperation with the Bureau’’; and 
(ii) by striking ‘‘sexual abuse’’ and in-
serting ‘‘abuse or neglect’’; 
(B) in subsection (b) through the end of 
the section, by striking ‘‘Secretary of Health 
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and Human Services’’ each place it appears and 
inserting ‘‘Service’’; 
(C) in subsection (b)(1), by inserting after 
‘‘Any Indian tribe or intertribal consortium’’ 
the following: ‘‘, on its own or in partnership 
with an urban Indian organization,’’; 
(D) in subsections (b)(2)(B) and (d), by 
striking ‘‘such Secretary’’ each place it appears 
and inserting ‘‘the Service’’; 
(E) by amending subsection (c) to read as 
follows: 
‘‘(c) CULTURALLY APPROPRIATE TREATMENT.—In 
awarding grants under this section, the Service shall en-
courage the use of culturally appropriate treatment serv-
ices and programs that respond to the unique cultural val-
ues, customs, and traditions of applicant Indian Tribes.’’; 
(F) in subsection (d)(2), by striking ‘‘the 
Secretary’’ and inserting ‘‘the Service’’; 
(G) by redesignating subsection (e) as sub-
section (f); 
(H) by inserting after subsection (d) the 
following: 
‘‘(e) REPORT.—Not later than 2 years after the date 
of the enactment of the Native American Child Protection 
Act, the Service shall submit a report to Congress on the 
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award of grants under this section. The report shall con-
tain— 
‘‘(1) a description of treatment and services for 
which grantees have used funds awarded under this 
section; and 
‘‘(2) any other information that the Service re-
quires.’’; and 
(I) by amending subsection (f) (as so re-
designated by subparagraph (G) of this para-
graph), to read as follows: 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$30,000,000 for each of fiscal years 2022 through 2027.’’. 
(3) In section 410 (25 U.S.C. 3209)— 
(A) in the heading— 
(i) by inserting ‘‘NATIONAL’’ before 
‘‘INDIAN’’; and 
(ii) by striking ‘‘CENTERS’’ and in-
serting ‘‘CENTER’’; 
(B) by amending subsections (a) and (b) to 
read as follows: 
‘‘(a) ESTABLISHMENT.—Not later than one year 
after the date of the enactment of the Native American 
Child Protection Act, the Secretary shall establish a Na-
tional Indian Child Resource and Family Services Center. 
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‘‘(b) REPORT.—Not later than 2 years after the date 
of the enactment of the Native American Child Protection 
Act, the Secretary of the Interior, acting through the Bu-
reau of Indian Affairs, shall submit a report to Congress 
on the status of the National Indian Child Resource and 
Family Services Center.’’; 
(C) in subsection (c)— 
(i) by striking ‘‘Each’’ and inserting 
‘‘The’’; and 
(ii) by striking ‘‘multidisciplinary’’; 
(D) in subsection (d)— 
(i) in the text before paragraph (1), 
by striking ‘‘Each’’ and inserting ‘‘The’’; 
(ii) in paragraph (1), by striking ‘‘and 
inter-tribal consortia’’ and inserting ‘‘inter- 
tribal consortia, and urban Indian organi-
zations’’; 
(iii) in paragraph (2), by inserting 
‘‘urban Indian organizations,’’ after ‘‘tribal 
organizations,’’; 
(iv) in paragraph (3)— 
(I) by inserting ‘‘and technical 
assistance’’ after training; and 
(II) by striking ‘‘and to tribal or-
ganizations’’ and inserting ‘‘, Tribal 
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organizations, and urban Indian orga-
nizations’’; 
(v) in paragraph (4)— 
(I) by inserting ‘‘, State,’’ after 
‘‘Federal’’; and 
(II) by striking ‘‘and tribal’’ and 
inserting ‘‘Tribal, and urban Indian’’; 
and 
(vi) by amending paragraph (5) to 
read as follows: 
‘‘(5) develop model intergovernmental agree-
ments between Tribes and States, and other mate-
rials that provide examples of how Federal, State, 
and Tribal governments can develop effective rela-
tionships and provide for maximum cooperation in 
the furtherance of prevention, investigation, treat-
ment, and prosecution of incidents of family violence 
and child abuse and child neglect involving Indian 
children and families.’’; and 
(E) in subsection (e)— 
(i) in the heading, by striking ‘‘MUL-
TIDISCIPLINARY
TEAM’’ 
and 
inserting 
‘‘TEAM’’; 
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(ii) in the text before paragraph (1), 
by striking ‘‘Each multidisciplinary’’ and 
inserting ‘‘The’’; and 
(F) by amending subsections (f), (g), and 
(h) to read as follows: 
‘‘(f) CENTER ADVISORY BOARD.—The Secretary 
shall establish an advisory board to advise and assist the 
National Indian Child Resource and Family Services Cen-
ter in carrying out its activities under this section. The 
advisory board shall consist of 12 members appointed by 
the Secretary from Indian Tribes, Tribal organizations, 
and urban Indian organizations with expertise in child 
abuse and child neglect. Members shall serve without com-
pensation, but may be reimbursed for travel and other ex-
penses while carrying out the duties of the board. The ad-
visory board shall assist the Center in coordinating pro-
grams, identifying training and technical assistance mate-
rials, and developing intergovernmental agreements relat-
ing to family violence, child abuse, and child neglect. 
‘‘(g) APPLICATION
OF INDIAN SELF-DETERMINA-
TION ACT TO THE CENTER.—The National Indian Child 
Resource and Family Services Center shall be subject to 
the provisions of the Indian Self-Determination Act. The 
Secretary may also contract for the operation of the Cen-
ter with a nonprofit Indian organization governed by an 
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Indian-controlled board of directors that have substantial 
experience in child abuse, child neglect, and family vio-
lence involving Indian children and families. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$3,000,000 for each of fiscal years 2022 through 2027.’’. 
(4) In section 411 (25 U.S.C. 3210)— 
(A) in subsection (d)— 
(i) in paragraph (1)— 
(I) in subparagraph (A), by strik-
ing ‘‘abuse and child neglect’’ and in-
serting ‘‘abuse, neglect, or both’’; 
(II) in subparagraph (B), by 
striking ‘‘and’’ at the end; and 
(III) by inserting after subpara-
graph (C), the following: 
‘‘(D) development of agreements between 
Tribes, States, or private agencies on the co-
ordination of child abuse and neglect preven-
tion, investigation, and treatment services; 
‘‘(E) child protective services operational 
costs including transportation, risk and protec-
tive factors assessments, family engagement 
and kinship navigator services, and relative 
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searches, criminal background checks for pro-
spective placements, and home studies; and 
‘‘(F) development of a Tribal child protec-
tion or multidisciplinary team to assist in the 
prevention and investigation of child abuse and 
neglect;’’; 
(ii) in paragraph (2)— 
(I) in subparagraph (A), by in-
serting 
‘‘in 
culturally 
appropriate 
ways’’ after ‘‘incidents of family vio-
lence’’; and 
(II) in subparagraph (C), by in-
serting ‘‘that may include culturally 
appropriate programs’’ after ‘‘training 
programs’’; and 
(iii) in paragraph (3)— 
(I) in subparagraph (A), by in-
serting ‘‘and neglect’’ after ‘‘abuse’’; 
and 
(II) in subparagraph (B), by 
striking ‘‘cases, to the extent prac-
ticable,’’ and inserting ‘‘and neglect 
cases’’; 
(B) in subsection (f)— 
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(i) in paragraph (2), by striking ‘‘de-
velop, in consultation with Indian tribes, 
appropriate caseload standards and staff-
ing requirements which are comparable to 
standards developed by the National Asso-
ciation of Social Work, the Child Welfare 
League of America and other professional 
associations in the field of social work and 
child welfare’’ and inserting ‘‘develop, not 
later than one year after the date of the 
enactment of the Native American Child 
Protection Act, in consultation with Indian 
Tribes, appropriate caseload standards and 
staffing requirements’’; 
(ii) in paragraph (3)(D), by striking 
‘‘sexual abuse’’ and inserting ‘‘abuse and 
neglect, high incidence of family violence’’; 
(iii) by amending paragraph (4) to 
read as follows: 
‘‘(4) The formula established pursuant to this 
subsection shall provide funding necessary to sup-
port not less than one child protective services or 
family violence caseworker, including fringe benefits 
and support costs, for each Indian Tribe.’’; and 
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(iv) in paragraph (5), by striking 
‘‘tribes’’ and inserting ‘‘Indian Tribes’’; 
(C) by amending subsection (g) to read as 
follows: 
‘‘(g) REPORT.—Not later than 2 years after the date 
of the enactment of the Native American Child Protection 
Act, the Secretary of the Interior, acting through the Bu-
reau of Indian Affairs, shall submit a report to Congress 
on the award of grants under this section. The report shall 
contain— 
‘‘(1) a description of treatment and services for 
which grantees have used funds awarded under this 
section; and 
‘‘(2) any other information that the Secretary 
of the Interior requires.’’; and 
(D) by amending subsection (i) to read as 
follows: 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$60,000,000 for each of fiscal years 2022 through 2027.’’. 
Æ 
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