[118th Congress Public Law 160]
[From the U.S. Government Publishing Office]



[[Page 138 STAT. 2567]]

Public Law 118-160
118th Congress

                                 An Act


 
  To amend the Indian Child Protection and Family Violence Prevention 
               Act. <<NOTE: Dec. 23, 2024 -  [H.R. 663]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Native American 
Child Protection Act. 25 USC 3201 note.>> 
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

[[Page 138 STAT. 2568]]

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) <<NOTE: Deadline.>> 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

[[Page 138 STAT. 2569]]

        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
                    (F) by amending subsections (f) and (g) to read as 
                follows:

    ``(f) <<NOTE: Establishment.>> 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. <<NOTE: Contracts.>> 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

[[Page 138 STAT. 2570]]

                                    (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) <<NOTE: Deadline.>> 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

[[Page 138 STAT. 2571]]

this Act shall be subject to the availability of appropriations made in 
advance for such purposes.

    Approved December 23, 2024.

LEGISLATIVE HISTORY--H.R. 663 (S. 2273):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 118-196 (Comm. on Natural Resources).
SENATE REPORTS: No. 118-106 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 169 (2023):
                                    Sept. 18, considered and passed 
                                        House.
                                                        Vol. 170 (2024):
                                    Dec. 17, considered and passed 
                                        Senate.

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