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







                                                       Calendar No. 436
109th CONGRESS
  2d Session
                                S. 1899

                          [Report No. 109-255]

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, Mr. Inouye, and Mr. 
   Johnson) introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

                              May 18, 2006

               Reported by Mr. McCain, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    Section 402 of the Indian Child Protection and Family 
Violence Prevention Act (25 U.S.C. 3201) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by redesignating subparagraphs 
                        (E) and (F) as subparagraphs (F) and (G), 
                        respectively; and</DELETED>
                        <DELETED>    (ii) by inserting after 
                        subparagraph (D) the following:</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        subparagraph (A), by striking ``two'' and 
                        inserting ``the'';</DELETED>
                        <DELETED>    (ii) in subparagraph (A), by 
                        striking ``and'' at the end;</DELETED>
                        <DELETED>    (iii) in subparagraph (B), by 
                        striking the period at the end and inserting 
                        ``; and''; and</DELETED>
                        <DELETED>    (iv) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(C) identify and remove any impediment 
                to the immediate investigation of incidents of child 
                abuse in Indian country.''; and</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) by striking paragraph (3) and 
                inserting the following:</DELETED>
        <DELETED>    ``(3) provide for a background investigation for 
        any employee that has access to children;''; and</DELETED>
                <DELETED>    (B) in paragraph (6), by striking ``Area 
                Office'' and inserting ``Regional Office''.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    Section 403 of the Indian Child Protection and Family 
Violence Prevention Act (25 U.S.C. 3202) is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (14);</DELETED>
        <DELETED>    (2) by redesignating paragraphs (5) through (13) 
        as paragraphs (6) through (14), respectively;</DELETED>
        <DELETED>    (3) by inserting after paragraph (4) the 
        following:</DELETED>
        <DELETED>    ``(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;'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (6) in paragraph (17), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (7) in paragraph (18), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (8) by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 4. REPORTING PROCEDURES.</DELETED>

<DELETED>    Section 404 of the Indian Child Protection and Family 
Violence Prevention Act (25 U.S.C. 3203) is amended--</DELETED>
        <DELETED>    (1) in subsection (c)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``(1) 
                Within'' and inserting the following:</DELETED>
        <DELETED>    ``(1) In general.--Not later than''; and</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by striking ``(2)(A) Any'' and 
                        inserting the following:</DELETED>
        <DELETED>    ``(2) Investigation of reports.--</DELETED>
                <DELETED>    ``(A) In general.--Any'';</DELETED>
                        <DELETED>    (ii) in subparagraph (B)--
                        </DELETED>
                                <DELETED>    (I) by striking ``(B) 
                                Upon'' and inserting the 
                                following:</DELETED>
                <DELETED>    ``(B) Final written report.--On''; 
                and</DELETED>
                                <DELETED>    (II) by inserting 
                                ``including any Federal, State, or 
                                tribal conviction resulting from the 
                                allegation'' before the period at the 
                                end; and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(i) a local law enforcement 
                        agency that requires the information to carry 
                        out an official duty; and</DELETED>
                        <DELETED>    ``(ii) any agency requesting the 
                        information under section 408.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the number of child abuse 
                        allegations and investigations in Indian 
                        country;</DELETED>
                        <DELETED>    ``(ii) the number of child abuse 
                        prosecutions declined or deferred in Indian 
                        country; and</DELETED>
                        <DELETED>    ``(iii) the number of acquittals 
                        of charges of child abuse in Indian country.''; 
                        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 5. REMOVAL OF IMPEDIMENTS TO REDUCING CHILD 
              ABUSE.</DELETED>

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

<DELETED>``SEC. 405. REMOVAL OF IMPEDIMENTS TO REDUCING CHILD 
              ABUSE.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Inclusions.--The study under subsection (a) shall 
include a description of--</DELETED>
        <DELETED>    ``(1) any impediment to reporting child abuse in 
        Indian country and on Indian reservations;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(3) any impediment to, or advance in, the 
        treatment of child abuse in Indian country and on Indian 
        reservations.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the findings of the study under this 
        section; and</DELETED>
        <DELETED>    ``(2) recommendations for legislative actions to 
        reduce instances of child abuse in Indian country and on Indian 
        reservations, if any.''.</DELETED>

<DELETED>SEC. 6. CONFIDENTIALITY.</DELETED>

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

<DELETED>``SEC. 406. CONFIDENTIALITY.</DELETED>

<DELETED>    ``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.''.</DELETED>

<DELETED>SEC. 7. WAIVER OF PARENTAL CONSENT.</DELETED>

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

<DELETED>SEC. 8. CHARACTER INVESTIGATIONS.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    ``(1) a crime of violence;</DELETED>
        <DELETED>    ``(2) sexual assault;</DELETED>
        <DELETED>    ``(3) child abuse;</DELETED>
        <DELETED>    ``(4) exploitation; or</DELETED>
        <DELETED>    ``(5) sexual contact or prostitution.''.</DELETED>

<DELETED>SEC. 9. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM.</DELETED>

<DELETED>    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:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 10. INDIAN CHILD RESOURCE AND FAMILY SERVICES 
              CENTERS.</DELETED>

<DELETED>    Section 410 of the Indian Child Protection and Family 
Violence Prevention Act (25 U.S.C. 3209) is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``area office'' 
        and inserting ``Regional Office'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (3) in subsection (d)--</DELETED>
                <DELETED>    (A) in paragraph (4), by inserting ``, 
                State,'' after ``Federal''; and</DELETED>
                <DELETED>    (B) in paragraph (5), by striking ``agency 
                office'' and inserting ``Regional Office'';</DELETED>
        <DELETED>    (4) in subsection (e)--</DELETED>
                <DELETED>    (A) in paragraphs (1) and (2), by striking 
                the commas at the ends of the paragraphs and inserting 
                semicolons;</DELETED>
                <DELETED>    (B) by striking paragraph (3) and 
                inserting the following:</DELETED>
        <DELETED>    ``(3) adolescent mental and behavioral health 
        (including suicide prevention and treatment);'';</DELETED>
                <DELETED>    (C) in paragraph (4), by striking the 
                period at the end and inserting a semicolon; 
                and</DELETED>
                <DELETED>    (D) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(5) criminal prosecution; and</DELETED>
        <DELETED>    ``(6) medicine.'';</DELETED>
        <DELETED>    (5) in subsection (f)--</DELETED>
                <DELETED>    (A) in the first sentence, by striking 
                ``The Secretary'' and all that follows through ``Human 
                Services'' and inserting the following:</DELETED>
        <DELETED>    ``(1) Establishment.--The Secretary, in 
        consultation with the Service and the Attorney 
        General'';</DELETED>
                <DELETED>    (B) in the second sentence--</DELETED>
                        <DELETED>    (i) by striking ``Each'' and 
                        inserting the following</DELETED>
        <DELETED>    ``(2) Membership.--Each''; and</DELETED>
                        <DELETED>    (ii) by striking ``shall consist 
                        of 7 members'' and inserting ``shall 
                        be'';</DELETED>
                <DELETED>    (C) in the third sentence, by striking 
                ``Members'' and inserting the following:</DELETED>
        <DELETED>    ``(3) Compensation.--Members''; and</DELETED>
                <DELETED>    (D) in the fourth sentence, by striking 
                ``The advisory'' and inserting the following:</DELETED>
        <DELETED>    ``(4) Duties.--Each advisory'';</DELETED>
        <DELETED>    (6) in subsection (g)--</DELETED>
                <DELETED>    (A) in the first sentence--</DELETED>
                        <DELETED>    (i) by striking ``Indian Child'' 
                        and inserting the following:</DELETED>
        <DELETED>    ``(1) In general.--Indian Child''; and</DELETED>
                        <DELETED>    (ii) by adding before the period 
                        at the end the following: ``(25 U.S.C. 450 et 
                        seq.)'';</DELETED>
                <DELETED>    (B) by striking the second sentence and 
                inserting the following:</DELETED>
        <DELETED>    ``(2) Certain regional offices.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    (C) in the third sentence, by striking 
                ``This section'' and inserting the following:</DELETED>
        <DELETED>    ``(3) Effect of section.--This section''; 
        and</DELETED>
        <DELETED>    (7) by striking subsection (h) and inserting the 
        following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 11. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE 
              PREVENTION PROGRAM.</DELETED>

<DELETED>    Section 411 of the Indian Child Protection and Family 
Violence Prevention Act (25 U.S.C. 3210) is amended--</DELETED>
        <DELETED>    (1) in subsection (c), by striking the subsection 
        heading and inserting ``Coordinating Investigation, Treatment, 
        and Prevention of Child Abuse and Family Violence'';</DELETED>
        <DELETED>    (2) by redesignating subsections (f) through (i) 
        as subsections (e) through (h), respectively; and</DELETED>
        <DELETED>    (3) by striking subsection (h) (as redesignated by 
        paragraph (2)) and inserting the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 12. USE OF TELEMEDICINE.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 412. USE OF TELEMEDICINE.</DELETED>

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the diagnosis and treatment of child abuse; 
        or</DELETED>
        <DELETED>    ``(2) methods of training Service personnel in 
        diagnosing and treating child abuse.</DELETED>
<DELETED>    ``(b) Administration.--In carrying out subsection (a), the 
Service shall, to the maximum extent practicable--</DELETED>
        <DELETED>    ``(1) use existing telemedicine infrastructure; 
        and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 13. CONFORMING AMENDMENTS.</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Child Protection and Family 
Violence Prevention Act Amendments of 2006''.

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 or volunteer who 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 redesignating paragraphs (6) through (18) as 
        paragraphs (7) through (19), respectively;
            (2) by inserting after paragraph (5) the following:
            ``(6) `final conviction' means the final judgment on a 
        verdict or finding of guilty, a plea of guilty, or a plea of 
        nolo contendere, but does not include a final judgment that has 
        been expunged by pardon, reversed, set aside, or otherwise 
        rendered void;'';
            (3) in paragraph (13) (as redesignated by paragraph (1)), 
        by striking ``that agency'' and all that follows through 
        ``Indian tribe'' and inserting ``the Federal, State, or tribal 
        agency'';
            (4) in paragraph (14) (as redesignated by paragraph (1)), 
        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'';
            (5) in paragraph (18) (as redesignated by paragraph (1)), 
        by striking ``and'' at the end;
            (6) in paragraph (19) (as redesignated by paragraph (1)), 
        by striking the period at the end and inserting ``; and''; and
            (7) by adding at the end the following:
            ``(20) `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 final 
                                conviction, and provide to the Federal 
                                Bureau of Investigation a copy of the 
                                report'' 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 this subsection or 
                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) 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.
                    ``(E) Collection of data.--Not less frequently than 
                once each year, the Secretary, in consultation with the 
                Secretary of Health and Human Services, the Attorney 
                General, the Director of the Federal Bureau of 
                Investigation, and any Indian tribe, shall--
                            ``(i) collect any information concerning 
                        child abuse in Indian country (including 
                        reports under subsection (b)), including 
                        information relating to, during the preceding 
                        calendar year--
                                    ``(I) the number of criminal and 
                                civil child abuse allegations and 
                                investigations in Indian country;
                                    ``(II) the number of child abuse 
                                prosecutions referred, declined, or 
                                deferred in Indian country;
                                    ``(III) the number of child victims 
                                who are the subject of reports of child 
                                abuse in Indian country;
                                    ``(IV) sentencing patterns of 
                                individuals convicted of child abuse in 
                                Indian country; and
                                    ``(V) rates of recidivism with 
                                respect to child abuse in Indian 
                                country; and
                            ``(ii) to the maximum extend practicable, 
                        reduce the duplication of information 
                        collection under clause (i).''; 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--
            ``(1) a person who, by reason of the participation of the 
        person in the treatment of the child or the investigation or 
        adjudication of the allegation, needs to know the information 
        in the performance of the duties of the individual; or
            ``(2) an officer of any other Federal, State, or tribal 
        agency that requires the information to carry out the duties of 
        the officer under section 406.
    ``(f) Report.--Not later than 1 year after the date of enactment of 
this subsection, and annually thereafter, 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 on child abuse in Indian country during the 
preceding year.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2007 through 2011.''.

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, or recent progress made with respect 
        to removing impediments, to reporting child abuse in Indian 
        country;
            ``(2) any impediment, or recent progress made with respect 
        to removing impediments, to Federal, State, and tribal 
        investigations and prosecutions of allegations of child abuse 
        in Indian country; and
            ``(3) any impediment, or recent progress made with respect 
        to removing impediments, to the treatment of child abuse in 
        Indian country.
    ``(c) Report.--Not later than 18 months after the date of enactment 
of the Indian Child Protection and Family Violence Prevention Act 
Amendments of 2006, 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, if any, to 
        reduce instances of child abuse in Indian country.''.

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.

    ``(a) In General.--Notwithstanding any other provision of law, 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.
    ``(b) Treatment of Indian Tribes.--For purposes of this section, an 
Indian tribal government shall be considered to be an entity of the 
Federal Government.''.

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) by striking subsection (c) and inserting the following:
    ``(c) Protection of Child.--Any examination or interview of a child 
who may have been the subject of child abuse shall--
            ``(1) be conducted under such circumstances and using such 
        safeguards as are necessary to minimize additional trauma to 
        the child;
            ``(2) avoid, to the maximum extent practicable, subjecting 
        the child to multiple interviews during the examination and 
        interview processes; and
            ``(3) as time permits, be conducted using advice from, or 
        under the guidance of--
                    ``(A) a local multidisciplinary team established 
                under section 411; or
                    ``(B) if a local multidisciplinary team is not 
                established under section 411, a multidisciplinary team 
                established under section 410.''.

SEC. 8. CHARACTER INVESTIGATIONS.

    Section 408 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3207) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by inserting ``, including any 
                        voluntary positions,'' after ``authorized 
                        positions''; and
                            (ii) by striking the comma at the end and 
                        inserting a semicolon; and
                    (B) in paragraph (2)--
                            (i) by inserting ``(including in a 
                        volunteer capacity)'' after ``considered for 
                        employment''; and
                            (ii) by striking ``, and'' and inserting 
                        ``; and'';
            (2) in subsection (b), by striking ``guilty to'' and all 
        that follows and inserting the following: ``guilty to, any 
        felony offense under Federal, State, or tribal law, or 2 or 
        more misdemeanor offenses under Federal, State, or tribal law, 
        involving--
            ``(1) a crime of violence;
            ``(2) sexual assault;
            ``(3) child abuse;
            ``(4) molestation;
            ``(5) child sexual exploitation;
            ``(6) sexual contact;
            ``(7) child neglect;
            ``(8) prostitution; or
            ``(9) another offense against a child.''; and
            (3) by adding at the end the following:
    ``(d) Effect on Child Placement.--An Indian tribe that certifies 
that the tribe has conducted an investigation under this section shall 
be considered to have satisfied the background investigation 
requirements of any Federal law requiring such an investigation for the 
placement of an Indian child in a tribally-licensed or tribally-
approved foster or adoptive home, or an institution.''.

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 2007 through 2011.''.

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 paragraph (2), by striking the comma at the 
                end and inserting a semicolon;
                    (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 ``and sexual assault;''; 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 striking ``Act'' and inserting 
                        ``and Education Assistance Act (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 2007 through 2011.''.

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) in subsection (d)(3)--
                    (A) in subparagraph (A), by striking the comma at 
                the end and inserting a semicolon;
                    (B) in subparagraph (B), by striking ``, and'' and 
                inserting ``; and''; and
                    (C) in subparagraph (C), by inserting ``with 
                respect to appropriate safety measures for child 
                protection workers carrying out this Act'' before the 
                semicolon at the end;
            (3) by redesignating subsections (f) through (i) as 
        subsections (e) through (h), respectively; and
            (4) by striking subsection (h) (as redesignated by 
        paragraph (3)) 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 2007 through 2011.''.

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.
    ``(c) Information and Consultation.--On receipt of a request, for 
purposes of this section, the Service may provide to public and private 
medical universities, facilities, and practitioners described in 
subsection (a) 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 2007 through 2011.''.

SEC. 13. CONFORMING AMENDMENTS.

    (a) Offenses Committed Within Indian Country.--Section 1153(a) of 
title 18, United States Code, is amended by inserting ``felony child 
neglect,'' after ``robbery,''.
    (b) Reporting of Child Abuse.--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 person 
                employed in the mental or behavioral health 
                profession;'';
                    (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.''.
                                                       Calendar No. 436

109th CONGRESS

  2d Session

                                S. 1899

                          [Report No. 109-255]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 18, 2006

                       Reported with an amendment