Native American Child Protection Act of 2021
Bill: S.2326 | Sponsor: Sen. Lujan, Ben Ray (D-NM)
Policy area: Native Americans

Summary:
Native American Child Protection Act of 2021
This bill reauthorizes through FY2027 and otherwise revises certain programs related to the prevention, investigation, treatment, and prosecution of family violence, child abuse, and child neglect involving Indian children and families.
Specifically, the bill revises the Indian Child Abuse Treatment Grant Program to encourage the use of grants for culturally appropriate treatment services and programs.
The bill renames the Indian Child Resource and Family Services Centers as the National Indian Child Resource and Family Services Center. It also requires the center to (1) provide advice, technical assistance, and training to urban Indian organizations; (2) develop technical assistance for Indian tribes, tribal organizations, and urban Indian organizations; and (3) develop model intergovernmental agreements between tribes and states to prevent, investigate, treat, and prosecute incidents of family violence, child abuse, and child neglect involving Indian children and families.
Additionally, the bill revises the Indian Child Protection and Family Violence Prevention Program to allow Indian tribes, tribal organizations, and intertribal consortia to use program funds for additional activities, such as operational costs for child protective services.

To amend the Indian Child Protection and Family Violence Prevention Act 
    to reauthorize programs under that Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 
of 2021''.

SEC. 2. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT 
              AMENDMENTS.

    (a) Definitions.--Section 403 of the Indian Child Protection and 
Family Violence Prevention Act (25 U.S.C. 3202) is amended--
            (1) by striking paragraph (3) and inserting the following:
            ``(3) `child abuse' includes any case in which--
                    ``(A)(i) a child is dead or exhibits evidence of 
                skin bruising, bleeding, malnutrition, failure to 
                thrive, burns, fracture of any bone, subdural hematoma, 
                or soft tissue swelling; and
                    ``(ii) the applicable condition under clause (i) is 
                not justifiably explained or may not be the product of 
                an accidental occurrence; or
                    ``(B) a child is subjected to sexual assault, 
                sexual molestation, sexual exploitation, sexual 
                contact, or prostitution;'';
            (2) by striking paragraph (10) and inserting the following:
            ``(10) `Indian tribe', `Indian Tribe', `tribal 
        organization', and `Tribal organization' have the meanings 
        given those terms in section 4 of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 5304).'';
            (3) in paragraph (17), by striking ``and'' at the end;
            (4) in paragraph (18), by striking the period at the end 
        and inserting ``; and''; and
            (5) by adding at the end the following:
            ``(19) `urban Indian organization' has the meaning given 
        the term in section 4 of the Indian Health Care Improvement Act 
        (25 U.S.C. 1603).''.
    (b) Indian Child Abuse Treatment Grant Program.--Section 409 of the 
Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 
3208) is amended--
            (1) in subsection (a)--
                    (A) by striking ``The Secretary of Health and Human 
                Services, acting through the Service and'' and 
                inserting ``The Service,'';
                    (B) by striking ``intertribal'' and inserting 
                ``inter-tribal''; and
                    (C) by striking ``sexual abuse'' and inserting 
                ``abuse or child neglect'';
            (2) by striking subsections (b) and (c) and inserting the 
        following:
    ``(b) Grant Applications.--
            ``(1) In general.--Any Indian Tribe or inter-tribal 
        consortium, including an Indian Tribe or inter-tribal 
        consortium in partnership with an urban Indian organization, 
        may submit to the Service an application for a grant under 
        subsection (a).
            ``(2) Requirements.--An application submitted under 
        paragraph (1) shall--
                    ``(A) be in such form as the Service may prescribe;
                    ``(B) be submitted to the Service on or before a 
                date designated by the Service; and
                    ``(C) specify--
                            ``(i) the nature of the program proposed by 
                        the applicant;
                            ``(ii) the data and information on which 
                        the program is based;
                            ``(iii) the extent to which the program 
                        plans to use or incorporate existing services 
                        available on a reservation; and
                            ``(iv) the specific treatment concepts to 
                        be used under the program.
    ``(c) Culturally Appropriate Treatment.--In awarding grants under 
subsection (a), the Service shall encourage the use of culturally 
appropriate treatment services and programs that respond to the unique 
cultural values, customs, and traditions of the applicant Indian 
Tribes.'';
            (3) in subsection (d)--
                    (A) by striking ``such Secretary'' each place it 
                appears and inserting ``the Service'';
                    (B) by striking ``, and'' each place it appears and 
                inserting ``; and'';
                    (C) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``Secretary of Health and 
                Human Services'' and inserting ``Service''; and
                    (D) in paragraph (2), by striking ``the Secretary'' 
                and inserting ``the Service''; and
            (4) by striking subsection (e) and inserting the following:
    ``(e) Report.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Native American Child Protection Act of 2021, 
        the Service shall submit to Congress a report on grants awarded 
        under subsection (a).
            ``(2) Requirements.--The report required under paragraph 
        (1) shall include--
                    ``(A) a description of treatment and services for 
                which recipients of grants awarded under this section 
                have used the grant funds; and
                    ``(B) any other information that the Service may 
                require.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 for each of fiscal 
years 2022 through 2027.''.
    (c) National Indian Child Resource and Family Services Center.--
Section 410 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3209) is amended--
            (1) in the section heading--
                    (A) by inserting ``national'' before ``indian''; 
                and
                    (B) by striking ``centers'' and inserting 
                ``center'';
            (2) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) Establishment.--Not later than 1 year after the date of 
enactment of the Native American Child Protection Act of 2021, the 
Secretary shall establish a center, to be known as the `National Indian 
Child Resource and Family Services Center' (referred to in this section 
as the `Center').'';
            (3) by redesignating subsections (c) through (e) as 
        subsections (b) through (d), respectively;
            (4) in subsection (b) (as so redesignated), by striking 
        ``Each Center'' and all that follows through 
        ``multidisciplinary team'' and inserting ``The Center shall be 
        staffed by a team'';
            (5) in subsection (c) (as so redesignated)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Each Center established under subsection 
                (a)'' and inserting ``The Center'';
                    (B) in paragraph (1), by striking ``and inter-
                tribal consortia upon request'' and inserting ``inter-
                tribal consortia, and urban Indian organizations on 
                request'';
                    (C) in paragraph (2), by striking ``Indian tribes, 
                tribal organizations, the Bureau and the Service'' and 
                inserting ``Indian Tribes, Tribal organizations, urban 
                Indian organizations, the Bureau, and the Service'';
                    (D) in paragraph (3)--
                            (i) by inserting ``and technical 
                        assistance'' after ``training materials''; and
                            (ii) by striking ``and to tribal 
                        organizations'' and inserting ``, Tribal 
                        organizations, and urban Indian 
                        organizations'';
                    (E) in paragraph (4)--
                            (i) by inserting ``, State,'' after 
                        ``Federal''; and
                            (ii) by inserting ``and personnel of urban 
                        Indian organizations'' after ``tribal 
                        personnel''; and
                    (F) by striking paragraph (5) and inserting the 
                following:
            ``(5) develop model intergovernmental agreements between 
        Indian Tribes and States and other materials that provide 
        examples of how Federal, State, and Tribal governments can 
        develop effective relationships and provide for maximum 
        cooperation in the furtherance of the prevention, 
        investigation, treatment, and prosecution of incidents of 
        family violence, child abuse, and child neglect involving 
        Indian children and Indian families.''; and
            (6) in subsection (d) (as so redesignated)--
                    (A) in the subsection heading, by striking 
                ``Multidisciplinary'';
                    (B) in the matter preceding paragraph (1), by 
                striking ``Each multidisciplinary'' and all that 
                follows through ``personnel'' and inserting ``The team 
                required under subsection (b) shall include 
                personnel''; and
                    (C) in paragraphs (1) through (3), by striking the 
                comma each place it appears and inserting a semicolon; 
                and
            (7) by striking subsections (f) through (h) and inserting 
        the following:
    ``(e) Center Advisory Board.--
            ``(1) In general.--The Secretary shall establish an 
        advisory board to advise and assist the Center in carrying out 
        the activities of the Center under this section (referred to in 
        this subsection as the `advisory board').
            ``(2) Membership.--
                    ``(A) In general.--The advisory board shall consist 
                of 12 members appointed by the Secretary from Indian 
                Tribes, Tribal organizations, and urban Indian 
                organizations.
                    ``(B) Requirement.--Each member of the advisory 
                board shall have expertise in child abuse or child 
                neglect.
                    ``(C) No compensation.--A member of the advisory 
                board shall serve without compensation, but may be 
                reimbursed for travel and other expenses while carrying 
                out the duties of the advisory board.
            ``(3) Duties.--The advisory board shall assist the Center 
        with--
                    ``(A) coordinating programs of the Center;
                    ``(B) identifying training and technical assistance 
                materials that may be of use to the Center; and
                    ``(C) developing intergovernmental agreements 
                relating to family violence, child abuse, and child 
                neglect.
    ``(f) Application of Indian Self-Determination and Education 
Assistance Act to the Center.--
            ``(1) In general.--The Center shall be subject to title I 
        of the Indian Self-Determination and Education Assistance Act 
        (25 U.S.C. 5321 et seq.).
            ``(2) Operation of center.--The Secretary may enter into a 
        contract under the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 5301 et seq.) for the operation of 
        the Center with a nonprofit Indian organization governed by an 
        Indian-controlled board of directors that has substantial 
        experience in child abuse, child neglect, and family violence 
        involving Indian children and Indian families.
    ``(g) Report.--Not later than 2 years after the date of enactment 
of the Native American Child Protection Act of 2021, the Secretary, 
acting through the Director of the Bureau, shall submit to Congress a 
report on the status of the Center.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2022 through 2027.''.
    (d) Indian Child Protection and Family Violence Prevention 
Program.--Section 411 of the Indian Child Protection and Family 
Violence Prevention Act (25 U.S.C. 3210) is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``child abuse and child neglect,'' and 
                        inserting ``child abuse, child neglect, or 
                        both;'';
                            (ii) in subparagraph (B), by striking ``, 
                        and'' at the end and inserting a semicolon; and
                            (iii) by inserting after subparagraph (C) 
                        the following:
                    ``(D) the development of agreements between Indian 
                Tribes, States, or private agencies for the 
                coordination of child abuse and child neglect 
                prevention, investigation, and treatment services;
                    ``(E) child protective services operational costs, 
                including transportation, risk and protective factors 
                assessments, family engagement and kinship navigator 
                services, and relative searches, criminal background 
                checks for prospective placements, and home studies; 
                and
                    ``(F) the development of a Tribal child protection 
                or multidisciplinary team to assist in the prevention 
                and investigation of child abuse and child neglect;'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking the 
                        comma at the end and inserting ``in culturally 
                        appropriate ways;'';
                            (ii) in subparagraph (B), by striking the 
                        comma at the end and inserting a semicolon; and
                            (iii) in subparagraph (C), by inserting ``, 
                        which may include culturally appropriate 
                        programs,'' after ``training programs'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) by inserting ``and child 
                                neglect'' after ``child abuse''; and
                                    (II) by striking the comma at the 
                                end and inserting a semicolon; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``cases, to the 
                                extent practicable,'' and inserting 
                                ``cases and child neglect cases''; and
                                    (II) by striking ``, and'' at the 
                                end and inserting ``; and'';
                    (D) in paragraph (5)--
                            (i) in subparagraph (A), by striking the 
                        comma at the end and inserting a semicolon;
                            (ii) in subparagraph (B), by striking ``, 
                        or'' at the end and inserting ``; or''; and
                            (iii) in subparagraph (C)--
                                    (I) by striking ``preschool'' and 
                                inserting ``preschools''; and
                                    (II) by striking ``college or 
                                university (within the meaning of 
                                section 2 of the Tribally Controlled 
                                Colleges and Universities Assistance 
                                Act of 1978)'' and inserting ``colleges 
                                and universities (as defined in section 
                                2(a) of the Tribally Controlled 
                                Colleges and Universities Assistance 
                                Act of 1978 (25 U.S.C. 1801(a)))''; and
                    (E) in paragraph (7)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``that show promise of 
                        successfully preventing and treating cases of 
                        family violence, child abuse, and child 
                        neglect'' before ``as the Secretary'';
                            (ii) in subparagraph (A), by striking the 
                        comma at the end and inserting a semicolon;
                            (iii) in subparagraph (B), by striking ``, 
                        or'' at the end and inserting ``; or''; and
                            (iv) by striking the comma at the end of 
                        subparagraph (C) and all that follows through 
                        ``neglect.'' in the undesignated matter 
                        following that subparagraph and inserting a 
                        period;
            (2) by striking subsections (g) and (i);
            (3) by redesignating subsections (f) and (h) as subsections 
        (e) and (g), respectively;
            (4) in subsection (e) (as so redesignated)--
                    (A) in paragraph (1), by striking ``(1) The 
                Secretary'' and inserting the following:
            ``(1) In general.--The Secretary'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Caseload standards; staffing requirements.--
                    ``(A) In general.--In the development of 
                regulations for base support funding for the programs 
                described in paragraph (1), the Secretary, in 
                consultation with Indian Tribes, shall develop, not 
                later than 1 year after the date of enactment of the 
                Native American Child Protection Act of 2021, 
                appropriate caseload standards and staffing 
                requirements.
                    ``(B) Staffing requirements.--Each level of funding 
                assistance shall correspond to the staffing 
                requirements established by the Secretary under 
                subparagraph (A).'';
                    (C) in paragraph (3)--
                            (i) by striking ``(3) Factors to be'' and 
                        all that follows through ``limited to--'' in 
                        the matter preceding subparagraph (A) and 
                        inserting the following:
            ``(3) Factors.--In the development of the base support 
        funding formula under paragraph (1), the Secretary shall take 
        into consideration factors including--'';
                            (ii) by indenting subparagraphs (A) through 
                        (D) appropriately; and
                            (iii) in subparagraph (D), by striking 
                        ``sexual abuse'' and inserting ``abuse and 
                        child neglect, high incidence of family 
                        violence,'';
                    (D) by striking paragraph (4) and inserting the 
                following:
            ``(4) Requirement.--The formula established pursuant to 
        this subsection shall provide funding necessary to support not 
        less than 1 child protective services or family violence 
        caseworker, including fringe benefits and support costs, for 
        each Indian Tribe.''; and
                    (E) in paragraph (5)--
                            (i) by striking ``(5) In any'' and 
                        inserting the following:
            ``(5) Insufficient funding.--In any''; and
                            (ii) by striking ``tribes'' and inserting 
                        ``Indian Tribes'';
            (5) by inserting after subsection (e) (as so redesignated) 
        the following:
    ``(f) Report.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Native American Child Protection Act of 2021, 
        the Secretary, acting through the Bureau, shall submit to 
        Congress a report on the use of funds provided pursuant to this 
        section.
            ``(2) Requirements.--The report required under paragraph 
        (1) shall include--
                    ``(A) a description of the treatments and services 
                for which recipients of the grants have used the funds; 
                and
                    ``(B) any other information that the Secretary, 
                acting through the Bureau, may require.''; and
            (6) by adding at the end the following:
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $60,000,000 for each of fiscal 
years 2022 through 2027.''.
    (e) Technical and Conforming Amendments.--
            (1) Section 404(c)(2)(A) of the Indian Child Protection and 
        Family Violence Prevention Act (25 U.S.C. 3203(c)(2)(A)) is 
        amended by striking ``abuse described in section 503(3)'' and 
        inserting ``child abuse''.
            (2) Section 407(c) of the Indian Child Protection and 
        Family Violence Prevention Act (25 U.S.C. 3206(c)) is amended--
                    (A) by striking ``advise'' and inserting 
                ``advice''; and
                    (B) by striking ``a multidisciplinary team 
                established pursuant to section 410'' and inserting 
                ``the team described in section 410(b)''.
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