1.This Act may be cited as the
Indian Child Protection and Family
Violence Prevention Act Amendments of 2005
.
2.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
.
3.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.
.
4.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)Not later than
;
and
(B)in paragraph
(2)—
(i)by striking
(2)(A) Any
and inserting the following:
(2)
(A)Any
;
(ii)in subparagraph
(B)—
(I)by striking
(B) Upon
and inserting the following:
(B)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 reportsThe 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)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 childrenNo 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)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.
.
5.Removal of
impediments to reducing child abuseSection 405 of the Indian Child Protection
and Family Violence Prevention Act (25 U.S.C. 3204) is amended to read as
follows:
405.Removal of
impediments to reducing child abuse
(a)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)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)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.
.
6.Section 406 of the Indian Child Protection
and Family Violence Prevention Act (25 U.S.C. 3205) is amended to read as
follows:
406.
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.
.
7.Waiver of
parental consentSection 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
.
8.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.
.
9.Indian child
abuse treatment grant programSection 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
appropriationsThere are authorized to be appropriated such sums
as are necessary to carry out this section for each of fiscal years 2006
through
2010.
.
10.Indian child
resource and family services centersSection 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)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)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)Members
;
and
(D)in the fourth
sentence, by striking The advisory
and inserting the
following:
(4)Each
advisory
;
(6)in subsection
(g)—
(A)in the first
sentence—
(i)by striking
Indian Child
and inserting the following:
(1)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)
(A)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)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)This section
;
and
(7)by striking
subsection (h) and inserting the following:
(h)Authorization of
appropriationsThere are authorized to be appropriated such sums
as are necessary to carry out this section for each of fiscal years 2006
through
2010.
.
11.Indian child
protection and family violence prevention programSection 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
appropriationsThere are authorized to be appropriated such sums
as are necessary to carry out this section for each of fiscal years 2006
through
2010.
.
12.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:
412.
(a)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)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
consultationOn 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
appropriationsThere are authorized to be appropriated such sums
as are necessary to carry out this section for each of fiscal years 2006
through
2010.
.
13.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.
.
1.This Act may be cited as the
Indian Child Protection and Family
Violence Prevention Act Amendments of 2006
.
2.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
.
3.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.
.
4.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)Not later than
;
and
(B)in paragraph (2)—
(i)by striking (2)(A)
Any
and inserting the following:
(2)
(A)Any
;
(ii)in subparagraph
(B)—
(I)by striking (B)
Upon
and inserting the following:
(B)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
reportsThe 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)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)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
childrenNo 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)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
appropriationsThere are authorized to be appropriated such sums
as are necessary to carry out this section for each of fiscal years 2007
through
2011.
.
5.Removal of impediments
to reducing child abuseSection 405 of the Indian Child Protection
and Family Violence Prevention Act (25 U.S.C. 3204) is amended to read as
follows:
405.Removal of impediments
to reducing child abuse
(a)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)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)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.
.
6.Section 406 of the Indian Child Protection
and Family Violence Prevention Act (25 U.S.C. 3205) is amended to read as
follows:
406.
(a)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
tribesFor purposes of this section, an Indian tribal government
shall be considered to be an entity of the Federal
Government.
.
7.Waiver of parental
consentSection 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)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.
.
8.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
placementAn 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.
.
9.Indian child abuse
treatment grant programSection 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
appropriationsThere are authorized to be appropriated such sums
as are necessary to carry out this section for each of fiscal years 2007
through
2011.
.
10.Indian child resource
and family services centersSection 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)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)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)Members
;
and
(D)in the fourth sentence,
by striking The advisory
and inserting the following:
(4)Each
advisory
;
(6)in subsection (g)—
(A)in the first
sentence—
(i)by striking Indian
Child
and inserting the following:
(1)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)
(A)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)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)This section
;
and
(7)by striking subsection
(h) and inserting the following:
(h)Authorization of
appropriationsThere are authorized to be appropriated such sums
as are necessary to carry out this section for each of fiscal years 2007
through
2011.
.
11.Indian child protection
and family violence prevention programSection 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
appropriationsThere are authorized to be appropriated such sums
as are necessary to carry out this section for each of fiscal years 2007
through
2011.
.
12.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:
412.
(a)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)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
consultationOn 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
appropriationsThere are authorized to be appropriated such sums
as are necessary to carry out this section for each of fiscal years 2007
through
2011.
.
13.
(a)Offenses committed
within Indian countrySection
1153(a) of title 18, United States Code, is amended by inserting felony
child neglect,
after robbery,
.
(b)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.
.
May 18, 2006
Reported with an amendment