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116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-493
======================================================================
NATIVE AMERICAN CHILD PROTECTION ACT
_______
September 8, 2020.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 4957]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4957) to amend the Indian Child Protection and
Family Violence Prevention Act, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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;
``(ii) psychological or verbal abuse that
causes serious emotional or mental injury to a
child; or
``(iii) 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'';
(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 2021 through 2026.''.
(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 2021 through 2026.''.
(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'';
(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 2021 through 2026.''.
Purpose of the Bill
The purpose of H.R. 4957 is to amend the Indian Child
Protection and Family Violence Prevention Act.
Background and Need for Legislation
There is an enormous need for family violence prevention
and treatment resources in tribal communities. Native women are
more likely than any other population to experience domestic
violence. In fact, more than one in three Native women
experience domestic violence at some point in their lives.\1\
Further, Native children experience child abuse and neglect at
an elevated rate. They are victims of child maltreatment at a
rate of 13.8 per 1,000, compared to the national rate of 9.2
children per 1,000.\2\ Studies show that in 49-70% of cases
nationally, men who abuse their partners also abuse their
children,\3\ while child abuse investigations reveal violence
against the mother in 28-59% of all cases.\4\
---------------------------------------------------------------------------
\1\M.C. Black & M.J. Breiding, Adverse Health Conditions and Health
Risk Behaviors Associated with Intimate Partner Violence--United
States, 2005, at tbl. 1, 57(05) Morbidity & Mortality Wkly. Rep. 113
(2008), available at https://www.cdc.gov/mmwr/preview/mmwrhtml/
mm5705a1.htm.
\2\U.S. Dep't of Health & Human Servs., Admin. for Child. & Fams.,
Admin. on Child., Youth & Fams., Child.'s Bureau, Child Maltreatment
2015, at 18, 20 (2017), https://www.acf.hhs.gov/sites/default/files/cb/
cm2015.pdf.
\3\Maureen White Eagle, Bonnie Clairmont & Lonna Hunter, Tribal L.
& Pol'y Inst., Responses to the Co-Occurrence of Child Maltreatment and
Domestic Violence in Indian Country: Repairing the Harm and Protecting
Children and Mothers (2011) (citing Lundy Bancroft & Jay G. Silverman,
The Batterer As Parent 42-44 (2002)).
\4\Janet Carter, Family Violence Prevention Fund, Domestic
Violence, Child Abuse, and Youth Violence: Strategies for Prevention
and Early Intervention (2000).
---------------------------------------------------------------------------
Child abuse prevention funding is vital to the well-being
of tribal communities. Beyond the emotional trauma, victims of
child maltreatment are more likely to require special education
services, more likely to be involved in the juvenile and
criminal justice systems, and more likely to have long-term
mental health needs.\5\
---------------------------------------------------------------------------
\5\Xiangming Fang, Derek S. Brown, Curtis Florence & James A.
Mercy, The Economic Burden of Child Maltreatment in the United States
and Implications for Prevention, 36(2) Child Abuse & Neglect 156
(2012), https://doi.org/10.1016/j.chiabu.2011.10.006.
---------------------------------------------------------------------------
INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT
The Indian Child Protection and Family Violence Prevention
Act\6\ was enacted in 1990, following widespread reports that
Native children were being physically and sexually abused in
Bureau of Indian Affairs (BIA) run boarding schools in the
1980s. Further review of the issue led to the conclusion that
incidents of abuse of children on Indian reservations were
grossly underreported and that such underreporting resulted
from the lack of a mandatory federal reporting law.
Additionally, background investigations of federal employees
who care for, or teach, Indian children were found to be
deficient, and current programs and funding were found
inadequate to meet the growing needs for mental health
treatment and counseling for victims of child abuse and family
violence in Indian country.
---------------------------------------------------------------------------
\6\Pub. L. No. 101-630, tit. IV, 104 Stat. 4544 (1990), https://
uscode.house.gov/statviewer.htm?volume=104&page;=4544 (codified as
amended at 25 U.S.C. Sec. Sec. 3201 et seq., https://uscode.house.gov/
table3/101_630.htm) (statutory compilation as amended through P.L. 114-
165 at https://www.govinfo.gov/content/pkg/COMPS-1401/pdf/COMPS-
1401.pdf).
---------------------------------------------------------------------------
The goal of the Indian Child Protection and Family Violence
Prevention Act was to identify the scope of the problem in
Indian country, to fill any gaps in tribal child welfare
services to ensure better coordination between child welfare
and domestic violence programs, and to reduce incidents by
providing funds for mental health treatment. It mandated
greater coordination between law enforcement and child
protection agencies serving Native children, improved reporting
standards before and during investigations of alleged child
abuse and neglect, and required criminal background checks for
BIA, Indian Health Service (IHS), and tribal employees with
contact or control over Native children.
The Act also authorized funding to create Indian Child
Resource and Family Services Centers in each of the BIA
regional areas, which would consist of multi-disciplinary teams
of personnel with experience and training in the prevention,
identification, investigation, and treatment of child abuse and
neglect. Finally, the Act authorized funding for two tribal
grant programs:
the Indian Child Protection and Family
Violence Prevention Program, which funds prevention
programming as well as investigation and emergency
shelter services for victims of family violence; and
the Indian Child Abuse Treatment Grant
Program, which funds treatment programs for victims of
child abuse.
The centers were never established, and to this day, these
two grant programs are still the only tribal-specific
prevention and treatment programs for Native children who are
at risk of being abused or have been abused. The total
authorization for the centers and both programs was set at $43
million per year. However, only $5 million total has ever been
appropriated since the law was enacted in 1990. The grant
programs were last reauthorized in 1995 for an additional two
years, expiring in 1997.\7\
---------------------------------------------------------------------------
\7\Pub. L. No. 104-16, 109 Stat. 190 (1995), https://
uscode.house.gov/statviewer.htm?volume=109&page;=190.
---------------------------------------------------------------------------
LEGISLATION
H.R. 4957 adds ``psychological or verbal abuse that causes
serious emotional or mental injury to a child'' as one of the
criteria that define ``child abuse'' as it pertains to the
Act.\8\
---------------------------------------------------------------------------
\8\25 U.S.C. Sec. 3202(3)(A).
---------------------------------------------------------------------------
The bill makes various language improvements to the Indian
Child Abuse Treatment Grant Program,\9\ as well as ensures
urban Indian organizations can participate in the program. The
bill removes the current maximum grant allocation limit of
$500,000. It also directs IHS to encourage the use of
culturally appropriate treatment services and programs that
respond to the unique values, customs, and traditions of Indian
Tribes, and requires that IHS submit a report to Congress
within two years after enactment on the status of the award of
the grants, including a description of treatment and services
for which grantees have used the funds. The bill reauthorizes
the program from FY 2021 to FY 2026 and increases the
authorization level from $10 million to $30 million per year.
---------------------------------------------------------------------------
\9\Id. at Sec. 3208.
---------------------------------------------------------------------------
H.R. 4957 also replaces the individual Indian Child
Resource and Family Services Centers\10\--which were never
established--with a new National Indian Resource Services
Center to provide tribes with technical assistance, advice, and
training on addressing child abuse, family violence, and child
neglect. The Center will also support efforts to improve
intergovernmental coordination between federal and tribal
personnel responding to those issues. The Center shall be
established within one year after the date of the enactment of
H.R. 4957, and BIA shall submit a report to Congress on the
status of the Center within two years after the date of
enactment.
---------------------------------------------------------------------------
\10\Id. at Sec. 3209.
---------------------------------------------------------------------------
H.R. 4957 ensures that urban Indian organizations can
receive services from the Center, ensures state agencies are
included when recommendations are established, and encourages
the development of intergovernmental agreements that can
provide for maximum cooperation in the furtherance of
prevention, investigation, treatment, and prosecution of
incidents of family violence and child abuse and neglect. The
Center is authorized to receive $3 million per year from FY
2021 to FY 2026.
Finally, H.R. 4957 improves upon and reauthorizes the
Indian Child Protection and Family Violence Prevention
Program.\11\ The bill requires the development of agreements
between tribes, states, or private agencies on the coordination
of child abuse and neglect prevention, investigation, and
treatment services, as well as the development of a tribal
child protection team to assist in the prevention and
investigation of child abuse and neglect. The legislation sets
a timeframe of one year for the Secretary of the Interior, in
consultation with Indian Tribes, to develop appropriate
caseload standards and staffing requirements. The bill also
requires that BIA submit a report to Congress within two years
after enactment on the status of the award of the grants,
including a description of treatment and services for which
grantees have used the funds. The program is reauthorized from
FY 2021 to FY 2026, and the authorization level is increased
from $30 million to $60 million per year.
---------------------------------------------------------------------------
\11\Id. at Sec. 3210.
---------------------------------------------------------------------------
The legislation was crafted in cooperation with and is
supported by the National Indian Child Welfare Association
(NICWA) and the National Congress of American Indians (NCAI),
as well as a broad coalition of other tribal and child welfare
advocacy groups.
Committee Action
H.R. 4957 was introduced on October 31, 2019, by
Representative Ruben Gallego (D-AZ). The bill was referred
solely to the Committee on Natural Resources, and within the
Committee to the Subcommittee for Indigenous Peoples of the
United States. On November 13, 2019, the Subcommittee held a
hearing on the bill. On December 5, 2019, the Natural Resources
Committee met to consider the bill. The Subcommittee was
discharged by unanimous consent. Representative Gallego offered
an amendment designated Gallego #077. The amendment was agreed
to by unanimous consent. No additional amendments were offered,
and the bill, as amended, was adopted and ordered favorably
reported to the House of Representatives by unanimous consent.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 4957: legislative hearing by the Subcommittee for
Indigenous Peoples of the United States held on November 13,
2019.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and
Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 29, 2020.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4957, the Native
American Child Protection Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The bill would
Expand the definition of child abuse under
the Indian Child Protection and Family Violence Act
Require the Bureau of Indian Affairs and the
Indian Health Service to provide grants to tribal
governments and organizations to combat child abuse,
child neglect, and family violence affecting tribes
Raise the cost of an existing mandate on
local law enforcement and child protective services
agencies by requiring those agencies to file additional
reports on child abuse with the Federal Bureau of
Investigation
Estimated budgetary effects would primarily stem from
Spending of amounts authorized in the bill
Bill summary: H.R. 4957 would expand the definition of
child abuse under the Indian Child Protection and Family
Violence Act to include psychological or verbal abuse that
causes serous emotional or mental injury to a child. The bill
also would direct the Indian Health Service (IHS) and the
Bureau of Indian Affairs (BIA) to carry out programs to combat
child abuse, child neglect, and family violence affecting
tribes and would authorize appropriations for those programs
beginning in 2021.
Estimated Federal cost: The estimated budgetary effect of
H.R. 4957 is shown in Table 1. The costs of the legislation
fall within budget function 450 (community and regional
development).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 4957
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
----------------------------------------------------
2020 2021 2022 2023 2024 2025 2020-2025
----------------------------------------------------------------------------------------------------------------
Indian Child Protection and Family Violence Prevention
Program
Authorization.......................................... 0 60 60 60 60 60 300
Estimated Outlays...................................... 0 39 54 58 59 59 269
National Indian Child Resource and Family Services Center
Authorization.......................................... 0 3 3 3 3 3 15
Estimated Outlays...................................... 0 2 3 3 3 3 14
Indian Health Service
Authorization.......................................... 0 30 30 30 30 30 150
Estimated Outlays...................................... 0 22 28 29 29 29 137
Total Changes
Authorization...................................... 0 93 93 93 93 93 465
Estimated Outlays.................................. 0 63 85 90 91 91 420
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
4957 will be enacted during fiscal year 2020 and that the
authorized amounts will be appropriated for each fiscal year
beginning in 2021. Estimated outlays are based on historical
spending patterns for similar programs and activities. CBO
estimates that implementing H.R. 4957 would cost $420 million
over the 2021-2025 period and $138 million after 2025.
Indian Child Protection and Family Violence Protection
Program: H.R. 4957 would direct BIA to establish a program to
investigate, treat, and prevent child abuse, child neglect, and
family violence affecting tribes. The bill would authorize BIA
to provide those services directly or to enter into agreements
with tribal agencies to carry out services funded by federal
grants. H.R. 4957 would authorize the appropriation of $60
million annually from 2021 through 2026 for BIA to carry out
the program and would require the agency to report to the
Congress within two years of enactment on how grantees have
used funds awarded under the program.
National Indian Child Resources and Family Services Center:
H.R. 4957 would direct BIA to establish a National Indian Child
Resource and Family Services Center to provide training and
technical assistance to tribal governments and federal
personnel on how to respond to cases of child abuse, child
neglect, and family violence affecting tribes. The bill would
direct the agency to create an advisory board, consisting of
members from tribal governments and organizations with
expertise in those issues to advise the center on how to
implement its programs. The bill would authorize the
appropriation of $3 million annually from 2021 through 2026 for
the operation of the center.
Indian Health Service: H.R. 4957 would direct IHS to
establish a grant program for tribes and intertribal consortia
to provide treatment to Indians who have been victims of child
abuse and neglect. The bill would direct the agency, as part of
the grant award process, to encourage the use of treatment
services that are culturally appropriate for Indian tribes. The
legislation would authorize the appropriation of $30 million
annually from 2021 through 2026 for IHS to carry out the
program and would require the agency to report to the Congress
within two years of enactment on how grantees have used funds
awarded under the program.
Pay-As-You-Go considerations: None.
Increase in long-term deficits: None.
Mandates: Current law requires local agencies of child
protective services and local law enforcement to report
instances of child abuse in Indian country to the Federal
Bureau of Investigation (FBI). H.R. 4957 would expand the
definition of child abuse in Indian country to include verbal
and psychological abuse.
The bill would impose an intergovernmental mandate under
the Unfunded Mandates Reform Act (UMRA) on local law
enforcement and local agencies of child protective services
because the expanded definition would require those entities to
file additional reports on child abuse with the FBI. CBO
estimates the cost of the mandate would be below the annual
threshold established in UMRA for the intergovernmental sector
($84 million in 2020, adjusted annually for inflation).
H.R. 4957 contains no private-sector mandates as defined in
UMRA.
Estimate prepared by: Federal Costs: Jon Sperl and Rob
Stewart; Mandates: Rachel Austin.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Director of Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to amend the Indian Child
Protection and Family Violence Prevention Act.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
According to CBO, H.R. 4957 would impose an
intergovernmental mandate under the Unfunded Mandates Reform
Act (UMRA) on local law enforcement and local agencies of child
protective services because the expanded definition would
require those entities to file additional reports on child
abuse with the FBI. CBO estimates the cost of the mandate would
be below the annual threshold established in UMRA for the
intergovernmental sector ($84 million in 2020, adjusted
annually for inflation). H.R. 4957 contains no private-sector
mandates as defined in UMRA. CBO's full analysis is reproduced
above.
Federal Advisory Committee Act Statement
The bill establishes an advisory board to advise and assist
the National Indian Child Resource and Family Services Center
in carrying out its activities. In reporting the bill favorably
to the House of Representatives, the Committee on Natural
Resources finds that these functions would be better performed
by the proposed advisory board than by one or more agencies or
another existing advisory committee.
Existing Programs
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program. Such programs were not included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139. The Indian Child Protection
and Family Violence Prevention Program and the Indian Child
Abuse Treatment Grant Program revised and reauthorized by this
bill are related and complementary to, but not duplicative of,
the following programs in the most recent Catalog of Federal
Domestic Assistance published pursuant to 31 U.S.C. Sec. 6104:
Crime Victim Assistance/Discretionary Grants (CFDA No. 16.582),
Children's Justice Act Partnerships for Indian Communities
(CFDA No. 16.583), Community-Based Child Abuse Prevention
Grants (CFDA No. 93.590), Native American Programs (CFDA No.
93.612), Stephanie Tubbs Jones Child Welfare Services Program
(CFDA No. 93.645), Child Abuse and Neglect Discretionary
Activities (CFDA No. 93.670), and Family Violence Prevention
and Services/Domestic Violence Shelter and Supportive Services
(CFDA No. 93.671).
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local, or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT
* * * * * * *
TITLE IV--INDIAN CHILD PROTECTION
* * * * * * *
SEC. 403. DEFINITIONS.
For the purposes of this title, the term--
(1) ``Bureau'' means the Bureau of Indian Affairs of
the Department of the Interior;
(2) ``child'' means an individual who--
(A) is not married, and
(B) has not attained 18 years of age;
(3) ``child abuse'' includes but is not limited to--
[(A) any case in which--
[(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;
and]
(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;
(ii) psychological or verbal abuse
that causes serious emotional or mental
injury to a child; or
(iii) a child is subjected to sexual
assault, sexual molestation, sexual
exploitation, sexual contact, or
prostitution;
(B) any case in which a child is subjected to
sexual assault, sexual molestation, sexual
exploitation, sexual contact, or prostitution;
(4) ``child neglect'' includes but is not limited to,
negligent treatment or maltreatment of a child by a
person, including a person responsible for the child's
welfare, under circumstances which indicate that the
child's health or welfare is harmed or threatened
thereby;
(5) ``family violence'' means any act, or threatened
act, of violence, including any forceful detention of
an individual, which--
(A) results, or threatens to result, in
physical or mental injury, and
(B) is committed by an individual against
another individual--
(i) to whom such person is, or was,
related by blood or marriage or
otherwise legally related, or
(ii) with whom such person is, or
was, residing;
(6) ``Indian'' means any individual who is a member
of an Indian tribe;
(7) ``Indian child'' has the meaning given to such
term by section 4(4) of the Indian Child Welfare Act of
1978 (25 U.S.C. 1903(4));
(8) ``Indian country'' has the meaning given to such
term by section 1151 of title 18, United States Code;
(9) ``Indian reservation'' means any Indian
reservation, public domain Indian allotment, former
Indian reservation in Oklahoma, or lands held by
incorporated Native groups, regional corporations, or
village corporations under the provisions of the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
(10) ``Indian tribe'' and ``tribal organization''
have the respective meanings given to each of such
terms under section 4 of the Indian Self Determination
and Education Assistance Act (25 U.S.C. 450b);
(11) ``inter-tribal consortium'' means a partnership
between--
(A) an Indian tribe or tribal organization of
an Indian tribe, and
(B) one or more Indian tribes or tribal
organizations of one or more other Indian
tribes;
(12) ``local child protective services agency'' means
that agency of the Federal Government, of a State, or
of an Indian tribe that has the primary responsibility
for child protection on any Indian reservation or
within any community in Indian country;
(13) ``local law enforcement agency'' means that
Federal, tribal, or State law enforcement agency that
has the primary responsibility for the investigation of
an instance of alleged child abuse within the portion
of Indian country involved;
(14) ``persons responsible for a child's welfare''
means any person who has legal or other recognized duty
for the care and safety of a child, including--
(A) any employee or volunteer of a children's
residential facility, and
(B) any person providing out-of-home care,
education, or services to children;
(15) ``related assistance''--
(A) includes counseling and self-help
services to abusers, victims, and dependents in
family violence situations (which shall include
counseling of all family members to the extent
feasible) and referrals for appropriate health-
care services (including alcohol and drug abuse
treatment), and
(B) may include food, clothing, child care,
transportation, and emergency services for
victims of family violence and their
dependents;
(16) ``Secretary'' means the Secretary of the
Interior;
(17) ``shelter'' means the provision of temporary
refuge and related assistance in compliance with
applicable Federal and tribal laws and regulations
governing the provision, on a regular basis, of
shelter, safe homes, meals, and related assistance to
victims of family violence or their dependents; and
(18) ``Service'' means the Indian Health Service of
the Department of Health and Human Services.
* * * * * * *
SEC. 409. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM.
(a) Establishment of Grant Program.--[The Secretary of Health
and Human Services, acting through the Service and in
cooperation with the Bureau] The Service, in cooperation with
the Bureau, shall establish an Indian Child Abuse Treatment
Grant Program that provides grants to any Indian tribe or
intertribal consortium for the establishment on Indian
reservations of treatment programs for Indians who have been
victims of child [sexual abuse] abuse or neglect.
(b) Grant Applications.--(1) Any Indian tribe or intertribal
consortium, on its own or in partnership with an urban Indian
organization, may submit to the [Secretary of Health and Human
Services] Service an application for a grant under subsection
(a).
(2) Any application submitted under paragraph (1)--
(A) shall be in such form as the [Secretary of Health
and Human Services] Service may prescribe;
(B) shall be submitted to [such Secretary] the
Service on or before the date designated by [such
Secretary] the Service; and
(C) shall 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 the reservation, and
(iv) the specific treatment concepts to be
used under the program.
[(c) Maximum Grant Amount.--The maximum amount of any grant
awarded under subsection (a) shall not exceed $500,000.]
(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.
(d) Grant Administration and Final Report.--Each recipient of
a grant awarded under subsection (a) shall--
(1) furnish the [Secretary of Health and Human
Services] Service with such information as [such
Secretary] the Service may require to--
(A) evaluate the program for which the grant
is made, and
(B) ensure that the grant funds are expended
for the purposes for which the grant was made,
and
(2) submit to [such Secretary] the Service at the
close of the term of the grant a final report which
shall include such information as [the Secretary] the
Service may require.
(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.
[(e) there is hereby authorized to be appropriated to carry
out the provisions of this section $10,000,000 for each of the
fiscal years 1992, 1993, 1994, 1995, 1996, and 1997.]
(f) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $30,000,000 for each
of fiscal years 2021 through 2026.
SEC. 410. NATIONAL INDIAN CHILD RESOURCE AND FAMILY SERVICES [CENTERS]
CENTER.
[(a) Establishment.--The Secretary shall establish within
each area office of the Bureau an Indian Child Resource and
Family Services Center.
[(b) Memorandum of Agreement.--The Secretary and the
Secretary of Health and Human Services shall enter into a
Memorandum of Agreement which provides for the staffing of the
Centers established under this section.]
(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) Center Staffing.--[Each] The Center established under
subsection (a) shall be staffed by a [multidisciplinary] team
of personnel with experience and training in prevention,
identification, investigation, and treatment of incidents of
family violence, child abuse, and child neglect.
(d) Center Responsibilities and Functions.--[Each] The Center
established under subsection (a) shall--
(1) provide advice, technical assistance, and
consultation to Indian tribes, tribal organizations,
[and inter-tribal consortia] inter-tribal consortia,
and urban Indian organizations upon request;
(2) provide training to appropriate personnel of
Indian tribes, tribal organizations, urban Indian
organizations, the Bureau and the Service on the
identification and investigation of cases of family
violence, child abuse, and child neglect and, to the
extent practicable, coordinate with institutions of
higher education, including tribally controlled
community colleges, to offer college-level credit to
interested trainees;
(3) develop training materials on the prevention,
identification, investigation, and treatment of
incidents of family violence, child abuse, and child
neglect for distribution to Indian tribes [and to
tribal organizations], Tribal organizations, and urban
Indian organizations;
(4) develop recommendations to assist Federal, State,
[and tribal] Tribal, and urban Indian personnel to
respond to cases of family violence, child abuse, and
child neglect; and
[(5) develop policies and procedures for each agency
office of the Bureau and service unit of the Service
within the area which, to the extent feasible, comply
with tribal laws pertaining to cases of family
violence, child abuse, and child neglect, including any
criminal laws, and which provide for maximum
cooperation with the enforcement of such laws.]
(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) [Multidisciplinary Team] Team Personnel.--[Each
multidisciplinary] The team established under this section
shall include, but is not limited to, personnel with a
background in--
(1) law enforcement,
(2) child protective services,
(3) juvenile counseling and adolescent mental health,
and
(4) domestic violence.
[(f) Center Advisory Board.--The Secretary, in consultation
with the Secretary of Health and Human Services, shall
establish, for each Indian Child Resource and Family Services
Center, an advisory board to advise and assist such Center in
carrying out its activities under this Act. Each advisory board
shall consist of 7 members appointed by the Secretary from
Indian tribes and human service providers served by an area
office of the Bureau. 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 materials, and developing policies and procedures
relating to family violence, child abuse, and child neglect.
[(g) Application of the Indian Self-Determination Act to
Centers.--Indian Child Resource and Family Services Centers
established under subsection (a) shall be subject to the
provisions of the Indian Self-Determination Act. If a Center is
located in an area office of the Bureau which serves more than
one Indian tribe, any application to enter into a contract to
operate the Center pursuant to such Act must have the consent
of each of the other tribes to be served under the contract,
except that, in the Juneau Area, only the consent of such
tribes or tribal consortia that are engaged in contracting of
Indian Child Protection and Family Violence Prevention programs
pursuant to such Act shall be required. This section shall not
preclude the designation of an existing child resource and
family services center operated by a tribe or tribal
organization as a Center if all of the tribes to be served by
the Center agree to such designation.
[(h) Appropriations.--There are authorized to be appropriated
to carry out the provisions of this section $3,000,000 for each
of the fiscal years 1992, 1993, 1994, 1995, 1996, and 1997.]
(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 2021 through 2026.
SEC. 411. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION
PROGRAM.
(a) Establishment.--The Secretary shall establish within the
Bureau an Indian Child Protection and Family Violence
Prevention Program to provide financial assistance to any
Indian tribe, tribal organization, or inter-tribal consortium
for the development of an Indian Child Protection and Family
Violence Prevention program.
(b) Indian Self-Determination Act Agreements.--The Secretary
is authorized to enter into agreements with Indian tribes,
tribal organizations, or inter-tribal consortia pursuant to the
Indian Self-Determination Act for the establishment of Indian
Child Protection and Family Violence Prevention programs on
Indian reservations.
(c) Investigation and Treatment and Prevention of Child Abuse
and Family Violence.--An Indian tribe operating an Indian Child
Protection and Family Violence Prevention program established
under this section shall designate the agency or officials
which shall be responsible--
(1) for the investigation of reported cases of child
abuse and child neglect; and
(2) for the treatment and prevention of incidents of
family violence; and
(3) for the provision of immediate shelter and
related assistance for victims of family violence and
their dependents.
(d) Program Responsibilities and Functions.--Funds provided
pursuant to this section may be used for--
(1) the establishment of a child protective services
program which may include--
(A) the employment of child protective
services staff to investigate cases of child
[abuse and child neglect] abuse, neglect, or
both,
(B) training programs for child protective
services personnel, law enforcement personnel,
and judicial personnel in the investigation,
prevention, and treatment of cases of child
abuse and child neglect, [and]
(C) purchase of equipment to assist in the
investigation of cases of child abuse and child
neglect;
(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;
(2) the establishment of a family violence prevention
and treatment program which may include--
(A) the employment of family violence
prevention and treatment staff to respond to
incidents of family violence in culturally
appropriate ways,
(B) the provision of immediate shelter and
related assistance for victims of family
violence and their dependents,
(C) training programs that may include
culturally appropriate programs for family
violence prevention and treatment personnel,
law enforcement personnel, and judicial
personnel in the investigation, prevention, and
treatment of cases of family violence; and
(D) construction or renovation of facilities
for the establishment of family violence
shelters;
(3) the development and implementation of a
multidisciplinary child abuse investigation and
prosecution program which may--
(A) coordinate child abuse and neglect
prevention, investigation, prosecution,
treatment, and counseling services,
(B) develop protocols among related agencies
to ensure that investigations of child abuse
[cases, to the extent practicable,] and neglect
cases minimize the trauma to the child victim,
and
(C) provide for the coordination and
cooperation of law enforcement agencies, courts
of competent jurisdiction, and other tribal,
Federal, and State agencies through
intergovernmental or interagency agreements
that define and specify each party's
responsibilities;
(4) the development of tribal child protection codes
and regulations;
(5) the establishment of training programs for--
(A) professional and paraprofessional
personnel in the fields of medicine, law,
education, social work, and other relevant
fields who are engaged in, or intend to work
in, the field of prevention, identification,
investigation, and treatment of family
violence, child abuse, and child neglect,
(B) instruction in methods of protecting
children from abuse and neglect for persons
responsible for the welfare of Indian children,
including parents of, and persons who work
with, Indian children, or
(C) educational, identification, prevention
and treatment services for child abuse and
child neglect in cooperation with preschool,
elementary and secondary schools, or tribally
controlled college or university (within the
meaning of section 2 of the Tribally Controlled
Colleges and Universities Assistance Act of
1978);
(6) other community education efforts for tribal
members (including school children) regarding issues of
family violence, child abuse, and child neglect; and
(7) such other innovative and culturally relevant
programs and projects as the Secretary may approve,
including programs and projects for--
(A) parental awareness and self-help,
(B) prevention and treatment of alcohol and
drug-related family violence, child abuse, and
child neglect, or
(C) home health visitor programs,
that show promise of successfully preventing and
treating cases of family violence, child abuse, and
child neglect.
(f) Secretarial Regulations; Base Support Funding.--(1) The
Secretary, with the participation of Indian tribes, shall
establish, and promulgate by regulations, a formula which
establishes base support funding for Indian Child Protection
and Family Violence Prevention programs.
(2) In the development of regulations for base support
funding for such programs, the Secretary shall [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] 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. Each level of funding assistance shall correspond
to the staffing requirements established by the Secretary
pursuant to this section.
(3) Factors to be considered in the development of the base
support funding formula shall include, but are not limited to--
(A) projected service population of the program;
(B) projected service area of the program;
(C) projected number of cases per month; and
(D) special circumstances warranting additional
program resources, such as high incidence of child
[sexual abuse] abuse and neglect, high incidence of
family violence, high incidence of violent crimes
against women, or the existence of a significant victim
population within the community.
[(4) The formula established pursuant to this subsection
shall provide funding necessary to support--
[(A) one child protective services or family violence
caseworker, including fringe benefits and support
costs, for each tribe; and
[(B) an additional child protective services and
family violence caseworker, including fringe benefits
and support costs, for each level of assistance for
which an Indian tribe qualifies.]
(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.
(5) In any fiscal year that appropriations are not sufficient
to fully fund Indian Child Protection and Family Violence
Prevention programs at each level of assistance under the
formula required to be established in this subsection,
available funds for each level of assistance shall be evenly
divided among the [tribes] Indian Tribes qualifying for that
level of assistance.
[(g) Maintenance of Effort.--Services provided under
contracts made under this section shall supplement, not
supplant, services from any other funds available for the same
general purposes, including, but not limited to--
[(1) treatment, including, but not limited to--
[(A) individual counseling,
[(B) group counseling, and
[(C) family counseling;
[(2) social services and case management;
[(3) training available to Indian tribes, tribal
agencies, and Indian organizations regarding the
identification, investigation, prevention, and
treatment of family violence, child abuse, and child
neglect; and
[(4) law enforcement services, including
investigations and prosecutions.]
(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.
(h) Contract Evaluation and Annual Report.--Each recipient of
funds awarded pursuant to subsection (a) shall--
(1) furnish the Secretary with such information as
the Secretary may require to--
(A) evaluate the program for which the award
is made, and
(B) ensure that funds are expended for the
purposes for which the award was made; and
(2) submit to the Secretary at the end of each fiscal
year an annual report which shall include such
information as the Secretary may require.
[(i) Appropriations.--There are authorized to be appropriated
to carry out the provisions of this section $30,000,000 for
each of the fiscal years 1992, 1993, 1994, 1995, 1996, and
1997.]
(i) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $60,000,000 for each
of fiscal years 2021 through 2026.
Supplemental, Minority, Additional, or Dissenting Views
None.
[all]
