[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1899 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1899

To amend the Indian Child Protection and Family Violence Prevention Act 
to identify and remove barriers to reducing child abuse, to provide for 
       examinations of certain children, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 20, 2005

    Mr. McCain (for himself, Mr. Dorgan, Mr. Crapo, and Mr. Inouye) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Indian Child Protection and Family Violence Prevention Act 
to identify and remove barriers to reducing child abuse, to provide for 
       examinations of certain children, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Child Protection and Family 
Violence Prevention Act Amendments of 2005''.

SEC. 2. FINDINGS AND PURPOSE.

    Section 402 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3201) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraphs (E) and 
                        (F) as subparagraphs (F) and (G), respectively; 
                        and
                            (ii) by inserting after subparagraph (D) 
                        the following:
                    ``(E) the Federal Government and certain State 
                governments are responsible for investigating and 
                prosecuting certain felony crimes, including child 
                abuse, in Indian country, pursuant to chapter 53 of 
                title 18, United States Code;''; and
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``two'' and inserting ``the'';
                            (ii) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (iii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(C) identify and remove any impediment to the 
                immediate investigation of incidents of child abuse in 
                Indian country.''; and
            (2) in subsection (b)--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) provide for a background investigation for any 
        employee that has access to children;''; and
                    (B) in paragraph (6), by striking ``Area Office'' 
                and inserting ``Regional Office''.

SEC. 3. DEFINITIONS.

    Section 403 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3202) is amended--
            (1) by striking paragraph (14);
            (2) by redesignating paragraphs (5) through (13) as 
        paragraphs (6) through (14), respectively;
            (3) by inserting after paragraph (4) the following:
            ``(5) `conviction', with respect to an offense, means a 
        final judgment of guilty through a verdict by a judge or jury 
        or a plea of guilty or no contest, but does not include any 
        final judgment that has been expunged by pardon, reversed, set 
        aside, or otherwise voided;'';
            (4) in paragraph (13) (as redesignated by paragraph (2)), 
        by striking ``that agency'' and all that follows through 
        ``Indian tribe'' and inserting ``the Federal, State, or tribal 
        agency'';
            (5) in paragraph (14) (as redesignated by paragraph (2)), 
        by inserting ``(including a tribal law enforcement agency 
        operating pursuant to a grant, contract, or compact under the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450 et seq.))'' after ``State law enforcement agency'';
            (6) in paragraph (17), by striking ``and'' at the end;
            (7) in paragraph (18), by striking the period at the end 
        and inserting ``; and''; and
            (8) by adding at the end the following:
            ``(19) `telemedicine' means a telecommunications link to an 
        end user through the use of eligible equipment that 
        electronically links health professionals or patients and 
        health professionals at separate sites in order to exchange 
        health care information in audio, video, graphic, or other 
        format for the purpose of providing improved health care 
        diagnosis and treatment.''.

SEC. 4. REPORTING PROCEDURES.

    Section 404 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3203) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by striking ``(1) Within'' 
                and inserting the following:
            ``(1) In general.--Not later than''; and
                    (B) in paragraph (2)--
                            (i) by striking ``(2)(A) Any'' and 
                        inserting the following:
            ``(2) Investigation of reports.--
                    ``(A) In general.--Any'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``(B) Upon'' and 
                                inserting the following:
                    ``(B) Final written report.--On''; and
                                    (II) by inserting ``including any 
                                Federal, State, or tribal conviction 
                                resulting from the allegation'' before 
                                the period at the end; and
                            (iii) by adding at the end the following:
                    ``(C) Maintenance of final reports.--The Federal 
                Bureau of Investigation shall maintain a record of each 
                written report submitted under subsection (b) in a 
                manner in which the report is accessible to--
                            ``(i) a local law enforcement agency that 
                        requires the information to carry out an 
                        official duty; and
                            ``(ii) any agency requesting the 
                        information under section 408.
                    ``(D) Collection of data.--Not less frequently than 
                once each year, the Secretary, in consultation with the 
                Attorney General and any appropriate Indian tribe, 
                shall collect any information not otherwise reported 
                under subsection (b), including information relating 
                to, during the preceding calendar year--
                            ``(i) the number of child abuse allegations 
                        and investigations in Indian country;
                            ``(ii) the number of child abuse 
                        prosecutions declined or deferred in Indian 
                        country; and
                            ``(iii) the number of acquittals of charges 
                        of child abuse in Indian country.''; and
            (2) by adding at the end the following:
    ``(e) Confidentiality of Children.--No local law enforcement agency 
or local child protective services agency shall disclose the name of or 
information concerning the child to anyone other than any person who, 
by reason of their participation in the treatment of the child, the 
investigation, or the adjudication of the allegation, needs to know the 
information in the performance of the duties of the individual.
    ``(f) Report to Congress.--Not later than 1 year after the date of 
enactment of this subsection, and annually thereafter, the Director of 
the Federal Bureau of Investigation, in coordination with the Secretary 
and the Attorney General, shall submit to the Committees on Indian 
Affairs and the Judiciary of the Senate, and the Committees on 
Resources and the Judiciary of the House of Representatives, a report 
on child abuse in Indian country during the preceding year.''.

SEC. 5. REMOVAL OF IMPEDIMENTS TO REDUCING CHILD ABUSE.

    Section 405 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3204) is amended to read as follows:

``SEC. 405. REMOVAL OF IMPEDIMENTS TO REDUCING CHILD ABUSE.

    ``(a) Study.--The Secretary, in consultation with the Attorney 
General and the Service, shall conduct a study under which the 
Secretary shall identify any impediment to the reduction of child abuse 
in Indian country and on Indian reservations.
    ``(b) Inclusions.--The study under subsection (a) shall include a 
description of--
            ``(1) any impediment to reporting child abuse in Indian 
        country and on Indian reservations;
            ``(2) any impediment to, or advance in, Federal, State, and 
        tribal investigations and prosecutions of allegations of child 
        abuse in Indian country and on Indian reservations; and
            ``(3) any impediment to, or advance in, the treatment of 
        child abuse in Indian country and on Indian reservations.
    ``(c) Report.--Not later than 18 months after the date of enactment 
of the Indian Child Protection and Family Violence Prevention Act 
Amendments of 2005, the Secretary shall submit to the Committees on 
Indian Affairs and the Judiciary of the Senate, and the Committees on 
Resources and the Judiciary of the House of Representatives, a report 
describing--
            ``(1) the findings of the study under this section; and
            ``(2) recommendations for legislative actions to reduce 
        instances of child abuse in Indian country and on Indian 
        reservations, if any.''.

SEC. 6. CONFIDENTIALITY.

    Section 406 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3205) is amended to read as follows:

``SEC. 406. CONFIDENTIALITY.

    ``Any Federal, State, or tribal government agency that treats or 
investigates incidents of child abuse may provide information and 
records to an officer of any other Federal, State, or tribal government 
agency that requires the information to carry out the duties of the 
officer, in accordance with section 552a of title 5, United States 
Code, section 361 of the Public Health Service Act (42 U.S.C. 264), the 
Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), 
part C of title XI of the Social Security Act (42 U.S.C. 1320d et 
seq.), and other applicable Federal law.''.

SEC. 7. WAIVER OF PARENTAL CONSENT.

    Section 407 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3206) is amended--
            (1) in subsection (a), by inserting ``or forensic'' after 
        ``psychological''; and
            (2) in subsection (c), by striking ``advise'' and inserting 
        ``advice''.

SEC. 8. CHARACTER INVESTIGATIONS.

    Section 408(b) of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3207(b)) is amended by striking ``guilty to'' 
and all that follows and inserting the following: ``guilty to, any 
offense under Federal, State, or tribal law involving--
            ``(1) a crime of violence;
            ``(2) sexual assault;
            ``(3) child abuse;
            ``(4) exploitation; or
            ``(5) sexual contact or prostitution.''.

SEC. 9. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM.

    Section 409 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3208) is amended by striking subsection (e) 
and inserting the following:
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2006 through 2010.''.

SEC. 10. INDIAN CHILD RESOURCE AND FAMILY SERVICES CENTERS.

    Section 410 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3209) is amended--
            (1) in subsection (a), by striking ``area office'' and 
        inserting ``Regional Office'';
            (2) in subsection (b), by striking ``The Secretary'' and 
        all that follows through ``Human Services'' and inserting ``The 
        Secretary, the Secretary of Health and Human Services, and the 
        Attorney General'';
            (3) in subsection (d)--
                    (A) in paragraph (4), by inserting ``, State,'' 
                after ``Federal''; and
                    (B) in paragraph (5), by striking ``agency office'' 
                and inserting ``Regional Office'';
            (4) in subsection (e)--
                    (A) in paragraphs (1) and (2), by striking the 
                commas at the ends of the paragraphs and inserting 
                semicolons;
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) adolescent mental and behavioral health (including 
        suicide prevention and treatment);'';
                    (C) in paragraph (4), by striking the period at the 
                end and inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(5) criminal prosecution; and
            ``(6) medicine.'';
            (5) in subsection (f)--
                    (A) in the first sentence, by striking ``The 
                Secretary'' and all that follows through ``Human 
                Services'' and inserting the following:
            ``(1) Establishment.--The Secretary, in consultation with 
        the Service and the Attorney General'';
                    (B) in the second sentence--
                            (i) by striking ``Each'' and inserting the 
                        following
            ``(2) Membership.--Each''; and
                            (ii) by striking ``shall consist of 7 
                        members'' and inserting ``shall be'';
                    (C) in the third sentence, by striking ``Members'' 
                and inserting the following:
            ``(3) Compensation.--Members''; and
                    (D) in the fourth sentence, by striking ``The 
                advisory'' and inserting the following:
            ``(4) Duties.--Each advisory'';
            (6) in subsection (g)--
                    (A) in the first sentence--
                            (i) by striking ``Indian Child'' and 
                        inserting the following:
            ``(1) In general.--Indian Child''; and
                            (ii) by adding before the period at the end 
                        the following: ``(25 U.S.C. 450 et seq.)'';
                    (B) by striking the second sentence and inserting 
                the following:
            ``(2) Certain regional offices.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), if a Center is located in a Regional 
                Office of the Bureau that serves more than 1 Indian 
                tribe, an application to enter into a grant, contract, 
                or compact under the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450 et seq.) to 
                operate the Center shall contain a consent form signed 
                by an official of each Indian tribe to be served under 
                the grant, contract, or compact.
                    ``(B) Alaska region.--Notwithstanding subparagraph 
                (A), for Centers located in the Alaska Region, an 
                application to enter into a grant, contract, or compact 
                described in that subparagraph shall contain a consent 
                form signed by an official of each Indian tribe or 
                tribal consortium that is a member of a grant, 
                contract, or compact relating to an Indian child 
                protection and family violence prevention program under 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 450 et seq.).''; and
                    (C) in the third sentence, by striking ``This 
                section'' and inserting the following:
            ``(3) Effect of section.--This section''; and
            (7) by striking subsection (h) and inserting the following:
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2006 through 2010.''.

SEC. 11. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION 
              PROGRAM.

    Section 411 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3210) is amended--
            (1) in subsection (c), by striking the subsection heading 
        and inserting ``Coordinating Investigation, Treatment, and 
        Prevention of Child Abuse and Family Violence'';
            (2) by redesignating subsections (f) through (i) as 
        subsections (e) through (h), respectively; and
            (3) by striking subsection (h) (as redesignated by 
        paragraph (2)) and inserting the following:
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2006 through 2010.''.

SEC. 12. USE OF TELEMEDICINE.

    The Indian Child Protection and Family Violence Prevention Act (25 
U.S.C. 3201 et seq.) is amended by adding at the end the following:

``SEC. 412. USE OF TELEMEDICINE.

    ``(a) Contracts and Agreements.--The Service is authorized to enter 
into any contract or agreement for the use of telemedicine with a 
public or private medical university or facility, or any private 
practitioner, with experience relating to pediatrics, including the 
diagnosis and treatment of child abuse, to assist the Service with 
respect to--
            ``(1) the diagnosis and treatment of child abuse; or
            ``(2) methods of training Service personnel in diagnosing 
        and treating child abuse.
    ``(b) Administration.--In carrying out subsection (a), the Service 
shall, to the maximum extent practicable--
            ``(1) use existing telemedicine infrastructure; and
            ``(2) give priority to Service units and medical facilities 
        operated pursuant to grants, contracts, or compacts under the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450 et seq.) that are located in, or providing service 
        to, remote areas of Indian country or Indian reservations.
    ``(c) Information and Consultation.--On receipt of a request, the 
Service may provide to public and private medical universities, 
facilities, and practitioners any information or consultation on the 
treatment of Indian children who have, or may have, been subject to 
abuse or neglect.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2006 through 2010.''.

SEC. 13. CONFORMING AMENDMENTS.

    Section 1169 of title 18, United States Code, is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (B), by inserting ``or 
                volunteering for'' after ``employed by'';
                    (B) in subparagraph (D)--
                            (i) by inserting ``or volunteer'' after 
                        ``child day care worker''; and
                            (ii) by striking ``worker in a group home'' 
                        and inserting ``worker or volunteer in a group 
                        home'';
                    (C) in subparagraph (E), by striking ``or 
                psychological assistant,'' and inserting 
                ``psychological or psychiatric assistant, or mental or 
                behavioral health professional;'';
                    (D) in subparagraph (F), by striking ``child'' and 
                inserting ``individual'';
                    (E) by striking subparagraph (G), and inserting the 
                following:
                    ``(G) foster parent; or''; and
                    (F) in subparagraph (H), by striking ``law 
                enforcement officer, probation officer'' and inserting 
                ``law enforcement personnel, probation officer, 
                criminal prosecutor''; and
            (2) in subsection (c), by striking paragraphs (3) and (4) 
        and inserting the following:
            ``(3) `local child protective services agency' has the 
        meaning given the term in section 403 of the Indian Child 
        Protection and Family Violence Prevention Act (25 U.S.C. 3202); 
        and
            ``(4) `local law enforcement agency' has the meaning given 
        the term in section 403 of that Act.''.
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