[Congressional Record Volume 167, Number 82 (Wednesday, May 12, 2021)]
[House]
[Pages H2222-H2225]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIVE AMERICAN CHILD PROTECTION ACT
Mr. SOTO. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 1688) to amend the Indian Child Protection and Family
Violence Prevention Act.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1688
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''.
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:
(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 evidence of skin
bruising, bleeding, malnutrition, 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 assault, sexual
molestation, sexual exploitation, 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 Service, in cooperation with
the Bureau''; and
(ii) by striking ``sexual abuse'' and inserting ``abuse or
neglect'';
(B) in subsection (b) through the end of the section, by
striking ``Secretary of Health 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 encourage the use of
culturally appropriate treatment services and programs that
respond to the unique cultural values, customs, and
traditions of applicant Indian Tribes.'';
(F) in subsection (d)(2), by striking ``the Secretary'' and
inserting ``the Service'';
[[Page H2223]]
(G) by redesignating subsection (e) as subsection (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 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 Service requires.'';
and
(I) by amending subsection (f) (as so redesignated by
subparagraph (G) of this paragraph), 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 inserting ``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 National Indian Child
Resource and Family Services Center.
``(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 Bureau 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 organizations'';
(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 organizations'' and
inserting ``, Tribal organizations, and urban Indian
organizations'';
(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 agreements between
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 prevention, investigation, treatment,
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 ``Multidisciplinary Team''
and inserting ``Team'';
(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 Center 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 compensation, but may be reimbursed for
travel and other expenses while carrying out the duties of
the board. The advisory board shall assist the Center in
coordinating programs, identifying training and technical
assistance materials, and developing intergovernmental
agreements relating to family violence, child abuse, and
child neglect.
``(g) Application of Indian Self-Determination 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 Center with a nonprofit
Indian organization governed by an Indian-controlled board of
directors that have substantial experience in child abuse,
child neglect, and family violence 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 striking ``abuse and child
neglect'' and inserting ``abuse, neglect, or both'';
(II) in subparagraph (B), by striking ``and'' at the end;
and
(III) by inserting after subparagraph (C), the following:
``(D) development of agreements between Tribes, States, or
private agencies on the coordination of child abuse and
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) development of a Tribal child protection or
multidisciplinary team to assist in the prevention and
investigation of child abuse and neglect;'';
(ii) in paragraph (2)--
(I) in subparagraph (A), by inserting ``in culturally
appropriate ways'' after ``incidents of family violence'';
and
(II) in subparagraph (C), by inserting ``that may include
culturally appropriate programs'' after ``training
programs''; and
(iii) in paragraph (3)--
(I) in subparagraph (A), by inserting ``and neglect'' after
``abuse''; and
(II) in subparagraph (B), by striking ``cases, to the
extent practicable,'' and inserting ``and neglect cases'';
(B) in subsection (f)--
(i) in paragraph (2), by striking ``develop, in
consultation with Indian tribes, appropriate caseload
standards and staffing requirements which are comparable to
standards developed by the National Association 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 support not less than one
child protective services or family violence caseworker,
including fringe benefits and support costs, for each Indian
Tribe.''; and
(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 Bureau 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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Soto) and the gentleman from Arkansas (Mr. Westerman) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida.
General Leave
Mr. SOTO. Madam Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. SOTO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, H.R. 1688, introduced by Representative Ruben Gallego
from Arizona, our outgoing subcommittee chairman--and I appreciate his
leadership on that--amends and reauthorizes several programs within the
Indian Child Protection and Family Violence Prevention Act in order to
improve the prevention, investigation, treatment, and prosecution of
family violence, child abuse, and child neglect involving Native
American children and families.
There is an enormous need for family violence prevention and
treatment resources in Tribal communities. Native children experience
child abuse and neglect at an elevated rate, which leads many to
require special education services, to be more likely to be involved in
the juvenile and criminal justice systems, and to have long-term mental
health needs.
Passage of H.R. 1688 will create technical assistance programs in the
Bureau of Indian Affairs, allow for urban Indian organizations to
partner with
[[Page H2224]]
Tribal governments, and ensure culturally competent care.
I thank Representative Gallego for introducing and championing this
vitally important legislation, and I urge my colleagues to support H.R.
1688.
Madam Speaker, I reserve the balance of my time.
Mr. WESTERMAN. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, H.R. 1688 amends the Indian Child Protection and
Family Violence Prevention Act to reauthorize three programs
administered by the Department of Health and Human Services and the
Department of the Interior that are intended to prevent cases within
Indian communities where child abuse, neglect, family violence, and
trauma may occur and to provide treatment for victims of Indian child
sexual abuse.
The authorization for appropriations for the three programs expired
in 1997. The bill also makes several technical changes to the
underlying statute, requiring agencies to report on grant awards.
Advocates cite the Indian Child Protection and Family Violence
Prevention Act as the only federally dedicated child abuse prevention
and victim treatment funding for Tribal governments, but Congress has
only appropriated approximately $5 million for this program.
I appreciate the sponsor bringing attention to this important issue
as abuse, neglect, and violence have no place in any community.
Madam Speaker, I reserve the balance of my time.
Mr. SOTO. Madam Speaker, I yield 5 minutes to the gentleman from
Arizona (Mr. Gallego).
Mr. GALLEGO. Madam Speaker, I rise today in support of my bill, H.R.
1688, the Native American Child Protection Act.
I first want to thank my friend and the dean of the House,
Congressman Don Young, for working with me on this bill to ensure
Native American and Alaska Native Tribes have the resources they need
to keep Native children safe from abuse and neglect.
Last week, I joined my colleagues in recognizing the National Day of
Awareness for Missing and Murdered Indigenous Women and Girls.
When I was chairman of the Subcommittee for Indigenous Peoples of the
United States last Congress, I held the first-ever House committee
hearing on MMIW, which paved the way for critical bills like the Not
Invisible Act and Savanna's Act.
At that hearing, we learned that, in addition to experiencing
incredibly high murder rates, one in three Native women experience
domestic violence in their lives. That statistic is even more
horrifying when we recognize that, in 49 to 70 percent of cases, men
who abuse their partners also abuse their children.
Despite this fact, Tribes have never received the resources they need
to address child abuse and neglect in their communities. My bill
changes that.
My bill will improve the prevention, treatment, investigation, and
prosecution of child abuse and neglect in Indian Country by ensuring
Tribes have the resources they need to take care of Native children in
culturally competent ways. It does so by modernizing and reauthorizing
three programs originally passed as part of the Indian Child Protection
and Family Violence Prevention Act.
The Indian Child Protection and Family Violence Prevention Act became
law in 1990, after being authored by the late Arizona Senator John
McCain in response to widespread reports that Native children were
being physically and sexually abused in BIA-run boarding schools in the
1980s.
The original purpose of the law was to identify the scope of the
underreported child abuse in Indian Country, fill gaps in Tribal child
welfare services, improve coordination between child welfare and
domestic violence programs, and provide funds for treatment in Indian
Country.
But the horrible truth is that the grant programs created by this law
in 1990 were never funded, never enacted, and were allowed to expire in
1997. My bill revives the three grant programs from the original act
that are still sorely needed in Indian Country because the problems
identified by Congress in 1990 still exist today.
Specifically, my bill does: one, provides Tribes with more funding
for culturally competent child abuse treatment; two, allows Tribes to
choose to partner with urban Indian organizations or Tribal consortiums
to identify and treat victims of abuse; three, creates a national child
resource and family services center to provide technical assistance and
support to Tribes in maintaining child welfare programs; four,
authorizes enough funds for every Tribe to hire at least one child
welfare case manager to help investigate and prosecute instances of
abuse; and, five, authorizes the only Tribal-specific grant program
aimed at preventing child abuse in Indian Country.
A core part of the Federal Government's trust responsibility is
protecting the most vulnerable members of indigenous communities,
Native children. Right now, we are failing in that responsibility.
Passing this bill today allows us to take an important step forward
in protecting Native children and upholding our trust responsibility to
Tribes.
I am proud of the strong bipartisan support this legislation received
in the Natural Resources Committee last year when it passed and when it
passed by a voice vote in the House. I urge all of my colleagues in the
House to join me once again in supporting this important piece of
legislation.
Mr. WESTERMAN. Madam Speaker, I yield such time as he may consume to
the gentleman from Alaska (Mr. Young), the dean of the House and a true
expert on Tribal issues.
Mr. YOUNG. Madam Speaker, I thank the gentleman for the compliment. I
have been called a lot of things on this floor, including dean.
Madam Speaker, I rise in strong support of this legislation. I thank
my friend, Representative Gallego, for introducing it.
This is a good bill. It improves a bill which I passed 30 years ago,
and it is long overdue to make sure that it is running right.
As has been said, it establishes a new National Indian Resource
Services Center, which was created over 30 years ago. We are
reauthorizing these programs, making sure they work.
It is badly needed because of actions across the country with
indigenous people. We hope the victims will have better service than
they have in the past.
I congratulate the author of the legislation. I am a sponsor of the
legislation also. This is a good bill, and I urge the passage of this
bill.
All of my colleagues who understand, let's do the job we were told to
do when we became trustees of the indigenous people of this great
Nation of ours.
Again, I thank the chairman, the author of the legislation, and the
ranking member for all the work they have done.
Mr. SOTO. Madam Speaker, I have no further requests for time, and I
reserve the balance of my time.
Mr. WESTERMAN. Madam Speaker, I urge support of this bill, and I
yield back the balance of my time.
Mr. SOTO. Madam Speaker, I yield myself the balance of my time.
We had extensive hearings on these issues in the Subcommittee for
Indigenous Peoples of the United States, and it became clear we needed
resources and technical assistance to protect Native American children
and families in addition to what they are getting now.
I thank our outgoing chair, Mr. Gallego, for his leadership on this;
the dean of the House, Representative Don Young, for his amazing
leadership in working together; former Member Cook, who participated in
these meetings extensively; as well as now-Secretary Deb Haaland, one
of the first Native American women to serve in the Congress. I thank
Ranking Member Westerman for helping us get this done in a bipartisan
fashion.
Madam Speaker, I urge my colleagues to support the legislation, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Soto) that the House suspend the rules and
pass the bill, H.R. 1688.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
[[Page H2225]]
____________________