Union Calendar No. 159
118th CONGRESS 1st Session |
[Report No. 118–196]
To amend the Indian Child Protection and Family Violence Prevention Act.
January 31, 2023
Mr. Gallego introduced the following bill; which was referred to the Committee on Natural Resources
September 14, 2023
Additional sponsors: Mr. Newhouse, Ms. Stansbury, Ms. Porter, Mrs. Peltola, Mr. Mullin, Ms. Pettersen, Ms. Salinas, and Ms. Kamlager-Dove
September 14, 2023
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 31, 2023]
To amend the Indian Child Protection and Family Violence Prevention Act.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
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:
(2) In section 409 (25 U.S.C. 3208)—
(A) in subsection (a)—
(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”;
(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—
(3) In section 410 (25 U.S.C. 3209)—
(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.”;
(D) in subsection (d)—
(ii) in paragraph (1), by striking “and inter-tribal consortia” and inserting “inter-tribal consortia, and urban Indian organizations”;
(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.”;
(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”;
(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;
(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”;
(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—
Union Calendar No. 159 | |||||
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[Report No. 118–196] | |||||
A BILL | |||||
To amend the Indian Child Protection and Family Violence Prevention Act. | |||||
September 14, 2023 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |