[Congressional Record Volume 169, Number 150 (Monday, September 18, 2023)]
[House]
[Pages H4367-H4369]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIVE AMERICAN CHILD PROTECTION ACT
Mr. COLLINS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 663) to amend the Indian Child Protection and Family
Violence Prevention Act, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 663
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; and''.
(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'';
(G) by redesignating subsection (e) as subsection (f); and
(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.''.
(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 1 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.'';
(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
[[Page H4368]]
(F) by amending subsections (f) and (g) 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.''.
(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''; and
(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.''.
SEC. 3. LIMITATION ON APPROPRIATIONS.
No additional amounts are authorized to carry out this Act
or any of the amendments made by this Act. Each program,
project, and activity authorized by this Act or the
amendments made by this Act shall be subject to the
availability of appropriations made in advance for such
purposes.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Georgia (Mr. Collins) and the gentleman from Arizona (Mr. Gallego) each
will control 20 minutes.
The Chair recognizes the gentleman from Georgia.
General Leave
Mr. COLLINS. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and to
include extraneous material on H.R. 663, as amended, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Georgia?
There was no objection.
Mr. COLLINS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 663, the Native American Child Protection Act,
introduced by Congressman Gallego from Arizona, would amend 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.
These programs include the Indian Child Abuse Treatment Grant
Program, the Indian Child Protection and Family Violence Prevention
Program, and the Indian Child Resource and Family Service Centers,
which would be renamed the national Indian child resource and family
service center under this legislation.
These programs 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.
H.R. 663 also makes several technical changes to the underlying
statute and requires agency reports on grant awards and performance.
The Indian Child Protection and Family Violence Prevention Act was
introduced in 1989 by the late Arizona Senator John McCain in response
to widespread reports that Native children were being physically and
sexually abused, that these incidents were going underreported, and
that there needed to be supports in place to ensure the Bureau of
Indian Affairs could handle the situation at the time.
The act created the programs that H.R. 663 would reauthorize, and it
included provisions to provide Tribes with technical assistance
training and other resources related to the investigation and treatment
of the cases of family violence, abuse, and neglect.
The authorization for these programs expired in 1997. H.R. 663 would
reauthorize these programs and make improvements to the programs'
operations and service delivery.
Advocates cite the Indian Child Protection and Family Violence
Prevention Act as the only Federal statute that sets aside funding for
Tribal governments dedicated to child abuse prevention and victim
treatment funding for Tribal governments.
I appreciate the gentleman from Arizona for bringing attention to
this important issue, as abuse, neglect, and violence have no place in
any community.
Mr. Speaker, I reserve the balance of my time.
Mr. GALLEGO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of my bill, H.R. 663, the Native
American Child Protection Act.
American Indian and Alaska Native children have the highest rate of
child abuse in the United States, at a rate of 15 cases for every 1,000
children. This can have devastating impacts on a child's cognitive,
emotional, and neurological development, and can last them well into
adulthood and even their entire life.
On top of this crisis, the Supreme Court recently heard a case
attempting to gut the Indian Child Welfare Act, which protects the
rights of Native children and families. That is why passing the Native
American Child Protection Act today is so timely.
My bipartisan bill reauthorizes and revises programs that give Tribes
the tools to treat, prevent, investigate, and prosecute child abuse and
family violence involving Native American children.
The programs in this bill were originally led by another Arizonian
back in 1990 through John McCain's Indian Child Protection and Family
Violence Prevention Act. That bill was part of a promise to answer for
the tragic abuse that happened at federally run Native American
boarding schools, but the programs had never been fully funded, were
never authorized, and eventually
[[Page H4369]]
expired. This is a failure by the Federal Government and a continuation
of centuries of broken promises.
By passing H.R. 663, we will take a step to right this wrong. We will
create a national Indian resource and family service center to help
Tribes and urban Indian organizations with training and program
development. We will develop new intergovernmental agreements between
Tribes and States to prevent, investigate, treat, and prosecute family
violence, and will encourage culturally appropriate treatments and
services for children who have been impacted.
In a place where we see a lot of partisan bickering, it is heartening
to see so much bipartisan support around Tribal issues, including my
Republican counterpart and co-lead on this bill, Representative
Newhouse.
I also thank Natural Resources Committee Chairman Westerman and
Ranking Member Raul Grijalva, as well as Indian and Insular Affairs
Subcommittee Chairwoman Hageman and Ranking Member Leger Fernandez for
their support.
The Native American Child Protection Act is another chance for us to
work together to fulfill our promise to help this vulnerable
population.
Mr. Speaker, I urge my colleagues to support final passage of H.R.
663, and I reserve the balance of my time.
Mr. COLLINS. Mr. Speaker, I have no further requests for time. I am
prepared to close, and I continue to reserve the balance of my time.
Mr. GALLEGO. Mr. Speaker, I urge my colleagues to support this
legislation, and I yield back the balance of my time.
Mr. COLLINS. Mr. Speaker, this legislation does the critical work of
Congress to update and reauthorize programs. This work is especially
important when the programs in question help protect children and
support Tribes in caring for their Tribal members.
Mr. Speaker, I urge the adoption of this bill, and I yield back the
balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise today in support of H.R. 663,
the Native American Child Protection Act.
This bill reauthorizes through FY2028 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 certain technical assistance materials 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.
American Indian and Alaska Native children who experience child
maltreatment or family violence often have few opportunities to find
accessible, culturally appropriate services to help them address the
trauma from these events.
Furthermore, prevention funding is almost non-existent for this
population, removing opportunities to prevent trauma before it happens
and avoid families and children slipping into crisis.
The federal government has a solemn responsibility to ensure that the
most vulnerable members of Indigenous communities--children--are
protected.
According to the American Indian Center of Houston, there are over
60,000 Native Americans in the Houston area.
Additionally, there are around 137,000 Native Americans in Texas and
around 2.6 million Native Americans in the U.S.
This is a significant number of people, not only in my community but
the whole nation, that deserve protection.
Guarding against crimes committed against our Native communities
should always be one of our highest priorities, and this bill is a
strong step in the right direction.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Georgia (Mr. Collins) that the House suspend the rules
and pass the bill, H.R. 663, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. COLLINS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________