[Senate Report 117-63]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 259
117th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {       117-63

======================================================================



 
                  NATIVE AMERICAN CHILD PROTECTION ACT

                                _______
                                

                February 2, 2022.--Ordered to be printed

                                _______
                                

           Mr. Schatz, from the Committee on Indian Affairs, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1688]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill, (H.R. 1688), to amend the Indian Child Protection and 
Family Violence Prevention Act, having considered the same, 
reports favorably thereon, without amendment, and recommends 
that the bill do pass.

                                PURPOSE

    H.R. 1688 would amend the Indian Child Protection and 
Family Violence Prevention Act, 25 U.S.C. 3202 et seq., by 
modernizing and reauthorizing, through fiscal year 2027, three 
of the Act's programs: the Indian Child Abuse Treatment Grant 
Program, the Indian Child Protection and Family Violence 
Prevention Program, and the National Indian Resources Services 
Centers.

                   BACKGROUND & NEED FOR LEGISLATION

    The federal government has a unique duty to Indian Tribes 
to assist in the protection of the health and welfare of Native 
American people and children. Congress and federal law have 
long acknowledged this duty, stating: ``there is no resource 
that is more vital to the continued existence and integrity of 
Indian tribes than their children.''\1\
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    \1\25 U.S.C. Sec. 1901(3) (1978).
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    In response to reports of child abuse at Bureau of Indian 
Affairs (BIA) boarding schools and following investigations by 
the Committee and the Special Committee on 
Investigations,\2\\3\ Congress enacted the Indian Child 
Protection and Family Violence Prevention Act (ICPFVPA) in 
1990. The Committees found--
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    \2\25 U.S.C. Sec.  34 (1990).
    \3\See, S. Rep. No. 101-203 (1989), S. Rep. No. 101-403 (1990), & 
S. Rep. No. 108-228 (2004).
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           incidents of child abuse on Indian 
        reservations were grossly underreported;
           increased incidents of federal prosecution 
        of federal, state, and Tribal employees for crimes of 
        child abuse committed on Indian reservations;
           background investigations of federal 
        employees who care for, or teach, Indian children were 
        deficient; and
           current programs and funding were inadequate 
        to meet the growing needs for mental health treatment 
        and counseling for victims of child abuse and family 
        violence in Indian Country.
    The ICPFVPA, which Congress last reauthorized in 1995,\4\ 
sought to identify the scope of child and family violence in 
Indian Country, fill any gaps in Tribal child welfare services 
to ensure better coordination between child welfare and 
domestic violence programs, and reduce such 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 
the BIA, the Indian Health Service, and Tribal employees with 
contact or control over Native children.
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    \4\Pub. L. No. 104-16 (1995) (reauthorizing the Indian Child 
Protection and Family Violence Prevention Act).
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    The ICFVPA also authorized funding to create Indian Child 
Resource and Family Service Centers (ICRFS Centers) in each of 
the BIA regional areas and authorized funding for the only 
Tribal-specific prevention and treatment programs for Native 
children who are at risk of being abused or have been 
abused.\5\ However, the Centers were not established and the 
grant programs are the only programs available to at-risk 
Native youth. Congress set the total authorization for the 
Centers and both programs at $43 million per year. Yet Congress 
has only appropriated $5 million for these authorizations since 
enactment in 1990.
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    \5\The Indian Child Protection and Family Violence Prevention 
Program funds prevention programming as well as investigation and 
emergency shelter services for victims of family violence, and the 
Treatment of Victims of Child Abuse and Neglect program funds treatment 
programs for victims of child abuse.
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                          SUMMARY OF H.R. 1688

    H.R. 1688 would modernize and reauthorize, through Fiscal 
Year 2027, three programs established by the ICPFVPA: the 
Indian Child Abuse Treatment Grant Program, the Indian Child 
Protection and Family Violence Prevention Program, and the 
ICRFS Centers.
    Specifically, H.R. 1688--
           revises the Indian Child Abuse Treatment 
        Grant Program and the Indian Child Protection and 
        Family Violence Prevention Program to authorize Tribes, 
        intertribal consortia, and partnerships with urban 
        Indian organizations to use grants for culturally 
        appropriate treatment services and programs;
           converts the unfunded authorization for 
        regional Indian Child Resource and Family Services 
        Centers into an authorization for one National Indian 
        Child Resource and Family Services Center; and
           requires the Center to--
                   provide advice, technical 
                assistance, and training to urban Indian 
                organizations;
                   develop certain technical 
                assistance materials for Tribes, Tribal 
                organizations, and urban Indian organizations; 
                and
                   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 would authorize $30 million, $60 
million, and $3 million per fiscal year through Fiscal Year 
2027 for the Indian Child Abuse Treatment Grant Program, the 
Indian Child Protection and Family Violence Prevention Program, 
and the National Indian Resources Services Center, 
respectively.

                SECTION-BY-SECTION ANALYSIS OF H.R. 1688

Section 1.--Short title

    This section sets forth the short title as the ``Native 
American Child Protection Act.''

Section 2.--Indian Child Protection and Family Violence Protection Act 
        amendments

    Section 2(1) amends section 403(3)(A) of the Indian Child 
Protection and Family Violence Protection Act to make technical 
corrections to the definition of child abuse.
    Section 2(2) amends section 409 of the ICPFVPA to:
           clarify the cooperative relationship between 
        the Department of Health and Human Services and the 
        Bureau of Indian Affairs in carrying out the Indian 
        Child Abuse Treatment Grant Program;
           expand the types of victims that may be 
        served by the program from victims of child sexual 
        abuse to those suffering from abuse or neglect;
           allow for partnerships with urban Indian 
        organizations;
           encourage the use of culturally appropriate 
        treatment services;
           require, within two years of enactment of 
        the Act, a report by the Department of Health and Human 
        Services (HHS) describing treatment services used by 
        grant recipients and other information required by the 
        HHS; and
           authorize appropriations in the amount of 
        $30,000,000 for each of Fiscal Years 2022 2027.
    Section 2(3) amends section 410 of the Act to:
           rename the Indian Child Resource and Family 
        Services Centers as the National Indian Child Resource 
        and Family Services Center;
           direct the Secretary of the Department of 
        the Interior to submit a report on the status of the 
        National Indian Child Resource and Family Service 
        Center;
           expand recipients of technical assistance 
        and training to include urban Indian organizations;
           develop certain technical assistance 
        materials for Indian Tribes, Tribal organizations, and 
        urban Indian organizations;
           develop model intergovernmental agreements 
        between Indian Tribes and states to prevent, 
        investigate, treat, and prosecute incidents of family 
        violence, child abuse, and child neglect involving 
        Indian children and families;
           direct the Secretary of the Interior to 
        establish an advisory board to assist the Center in 
        carrying out its activities;
           apply provisions of the Indian Self-
        Determination and Education Assistance Act to the 
        Center; and
           authorize appropriations in the amount of 
        $3,000,000 for each of Fiscal Years 2022-2027.
    Section 2(4) amends section 411 of the Act to:
           clarify that funds provided to the Indian 
        Child Protection and Family Violence Prevention Program 
        may be used to employ child protective services staff 
        to investigate child abuse, neglect, or both;
           expand the use of program funds to include 
        the development of agreements between Tribes, states, 
        or private agencies on the coordination of child abuse 
        and neglect prevention, investigation, and treatment 
        services, other operational costs, and development of a 
        multidisciplinary team to assist in carrying out 
        program activities;
           set a 1-year deadline to develop appropriate 
        case-load standards;
           expand the special circumstances warranting 
        additional program funding to include abuse, neglect, 
        and high incidents of family violence;
           expand the number of child protective 
        services or family violence case workers funded by the 
        Program to not less than one;
           direct the Secretary of the Interior to 
        submit a report to Congress, within two years of 
        passage of the Act, on the award of grants under the 
        Program, including a description of treatment services 
        used, and other information; and
           authorize appropriations in the amount of 
        $60,000,000 for each of Fiscal Years 2022-2027.

                          LEGISLATIVE HISTORY

    On March 9, 2021, Representatives Gallego (D-AZ) and Young 
(R-AK) introduced H.R. 1688, the Native American Child 
Protection Act. The House of Representatives referred the bill 
to the Committee on Natural Resources on the same day. On May, 
6, 2021, the Committee on Natural Resources further referred 
the bill to the Subcommittee for Indigenous Peoples of the 
United States. Following these referrals, Representatives Axne 
(D-IA), Bass (D-CA), Cartwright (D-PA), Cole (R-OK), Davids (D-
KS), Fitzpatrick (R-PA), Johnson (R-SD), Kilmer (D-WA), Leger 
Fernandez (D-NM), Moore (D-WI), and O'Halleran (D-AZ), along 
with Resident Commissioner Gonzalez-Colon (R-PR-At Large) and 
Delegate Radewagen (R-AS-At Large) joined the bill as 
cosponsors.
    On May 12, 2021, Representative Soto (D-FL) successfully 
moved to suspend the rules and pass the bill. The House of 
Representatives considered the bill and agreed to its passage 
by voice vote the same day.
    On May 13, 2021, the Senate received H.R. 1688 and referred 
it to the Committee. The Committee held a legislative hearing 
on July 12, 2021, at which the Department of the Interior 
testified in support of the bill.\6\ On October 27, 2021, at a 
duly convened business meeting, the Committee ordered H.R. 1688 
reported favorably, without amendment, by voice vote.
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    \6\Legislative Hearing: To Receive Testimony on S. 1797, S. 1895 
and H.R. 1688: Hearing Before the S. Comm. On Indian Affairs, 117th 
Cong. (2021).
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    On July 13, 2021, Senators Lujan (D-NM) and Rounds (R-SD) 
introduced S. 2326, a companion bill to H.R. 1688. The Senate 
referred the bill to the Committee the same day. The Committee 
has taken no further action on S. 2326 to date.
    116th Congress. On October 31, 2019, Representatives 
Gallego (D-AZ) and Cook (R-CA) introduced H.R. 4957, a 
predecessor bill to H.R. 1688. The House of Representatives 
referred H.R. 4957 to the Committee on Natural Resources the 
same day. On November 6, 2020, the Committee on Natural 
Resources further referred the bill to the Subcommittee for 
Indigenous Peoples of the United States. Following these 
referrals, Representatives Bass (D-CA), Case (D-HI), Cartwright 
(D-PA), Cole (R-OK), Haaland (D-NM), O'Halleran (D-AZ), Soto 
(D-FL), and Young (R-AK), along with Resident Commissioner 
Gonzalez-Colon (R-PR-At Large) and Delegate Radewagen (R-AS-At 
Large) joined the bill as cosponsors.
    On November 13, 2019, the Subcommittee held a legislative 
hearing on the bill. The Departments of the Interior and Health 
and Human Services testified in support of the bill at the 
hearing.\7\ On December 5, 2019, the Subcommittee discharged 
the bill and the Committee on Natural Resources held a markup. 
Representative Gallego offered an amendment that made minor 
technical corrections to the bill and clarified that the 
funding formula for the Indian Child Protection and Family 
Violence Prevention Program would include funding to support 
not less than one child protective services or family violence 
caseworker, including fringe benefits and support costs for 
each Tribe; the amendment was agreed to by unanimous consent. 
No other amendments to the bill were offered. The Committee on 
Natural Resources ordered the bill reported, with amendment, by 
unanimous consent.
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    \7\Legislative Hearing: H.R. 4957 To amend the Indian Child 
Protection and Family Violence Prevention Act: Hearing Before the H. 
Subcomm. for Indigenous Peoples of the U.S., 116th Cong. (2019).
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    The Committee on Natural Resources reported the bill on 
September 8, 2020, and the House of Representatives placed it 
on the Union Calendar. On September 21, 2020, Representative 
Haaland (D-NM) successfully moved to suspend the rules and 
passthe bill as reported. Following debate on the same day, the 
House of Representatives passed H.R. 4957 by voice vote.
    The Senate received the bill on September 22, 2020, and 
referred it to the Committee the same day. No further action on 
H.R. 4957 took place prior to adjournment of the 116th 
Congress.
    On October 10, 2020, Senator McSally (R-AZ) introduced S. 
4787, a companion bill to H.R. 4957. The Senate referred the 
bill to the Committee on the same day but took no further 
action on the bill prior to adjournment of the 116th Congress.
    Prior Congresses. Prior to the 116th Congress, the Senate 
and Committee considered various Indian Child Protection and 
Family Violence Prevention Act reauthorization and amendment 
proposals.\8\ The Senate passed several of these bills by 
unanimous consent, but the House of Representatives took no 
other action on those bills aside from referral to relevant 
Committees for consideration.
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    \8\See, Indian Child Protection and Family Violence Prevention 
Reauthorization Act of 2004, S. 1601, 108th Cong. (2004); the 
Comprehensive Entitlement Reform Commission Act of 2005, S. 1899, 109th 
Cong. (2005); and the Indian Child Protection and Family Violence 
Prevention Act Amendments of 2007, S. 398, 110th Cong. (2007).
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                   COST AND BUDGETARY CONSIDERATIONS

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    The act 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 mainly stem from:
           Spending of amounts authorized to be 
        appropriated in the act for services and grants 
        provided by the Bureau of Indian Affairs and the Indian 
        Health Service
    Act Summary: H.R. 1688 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 act 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 through 2027 for those programs.
    Estimated Federal Cost: The estimated budgetary effect of 
H.R. 1688 is shown in Table 1. The costs of the legislation 
fall within budget functions 450 (community and regional 
development) and 550 (health).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1688
----------------------------------------------------------------------------------------------------------------
                                                                   By fiscal year, millions of dollars--
                                                         -------------------------------------------------------
                                                            2022     2023     2024     2025     2026   2022-2026
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Indian Child Protection and Family Violence Prevention
 Program:
  Authorization.........................................       60       60       60       60       60       300
  Estimated Outlays.....................................       26       62       62       61       60       271
National Indian Child Resource and Family Services
 Center:
  Authorization.........................................        3        3        3        3        3        15
  Estimated Outlays.....................................        2        4        3        3        3        15
Indian Health Service:
  Authorization.........................................       30       30       30       30       30       150
  Estimated Outlays.....................................       15       33       31       29       29       137
  Total Changes:
    Authorization.......................................       93       93       93       93       93       465
    Estimated Outlays...................................       43       99       96       93       92       423
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    Basis of Estimate: For this estimate, CBO assumes that H.R. 
1688 will be enacted in fiscal year 2022 and that the 
authorized amounts will be appropriated for each fiscal year. 
Estimated outlays are based on historical spending patterns for 
similar programs and activities. CBO estimates that 
implementing H.R. 1688 would cost $423 million over the 2022 
2026 period and $131 million after 2026.

Indian Child Protection and Family Violence Protection Program

    H.R. 1688 would direct BIA to establish a program to 
investigate, treat, and prevent child abuse, child neglect, and 
family violence affecting tribes. The act 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. 1688 would authorize the appropriation of $60 
million annually from 2022 through 2027 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

    The act also 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 act 
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 act would authorize the 
appropriation of $3 million annually from 2022 through 2027 for 
the operation of the center.

Indian Health Service

    H.R. 1688 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 
act 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 act would 
authorize the appropriation of $30 million annually from 2022 
through 2027 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. 1688 would expand the 
definition of child abuse in Indian country to include verbal 
and psychological abuse.
    The act 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 ($85 
million in 2021, adjusted annually for inflation).
    H.R. 1688 contains no private-sector mandates as defined in 
UMRA.
    Estimate prepared by: Federal Costs: Jon Sperl (Bureau of 
Indian Affairs); Rob Stewart (Indian Health Service). Mandates: 
Rachel Austin.
    Estimate reviewed by: Chad Chirico, Chief, Low-Income 
Health Programs and Prescription Drugs Cost Estimates Unit; 
Justin Humphrey, Chief, Finance, Housing, and Education Cost 
Estimates Unit; Kathleen FitzGerald, Chief, Public and Private 
Mandates Unit; H. Samuel Papenfuss, Deputy Director of Budget 
Analysis.

               REGULATORY AND PAPERWORK IMPACT STATEMENT

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that H.R. 1688 
will have minimal impact on regulatory or paperwork 
requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding H.R. 1688.

                        CHANGES IN EXISTING LAW

    On February 11, 2021, the Committee unanimously approved a 
motion to waive subsection 12 of rule XXVI of the Standing 
Rules of the Senate. In the opinion of the Committee, it is 
necessary to dispense with subsection 12 of rule XXVI of the 
Standing Rules of the Senate to expedite the business of the 
Senate.

                                  [all]