[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 398 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 398

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

                            January 25, 2007

 Mr. Dorgan (for himself, Mr. McCain, Mr. Inouye, Mr. Thomas, and Mr. 
   Domenici) 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 2007''.

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 Natural 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 extent 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 Natural 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 2008 through 2012.''.

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 2007, the Secretary shall submit to the Committees on 
Indian Affairs and the Judiciary of the Senate, and the Committees on 
Natural 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 ``and 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 interviewers 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 submits a 
written statement to the applicable State official documenting that the 
Indian tribe has conducted a background investigation under this 
section for the placement of an Indian child in a tribally-licensed or 
tribally-approved foster care or adoptive home, or for another out-of-
home placement, shall be considered to have satisfied the background 
investigation requirements of any Federal or State law requiring such 
an investigation.''.

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 2008 through 2012.''.

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) by striking ``(g)'' and all that follows 
                through ``Indian Child Resource'' and inserting the 
                following:
    ``(g) Application of Indian Self-Determination and Education 
Assistance Act to Centers.--
            ``(1) In general.--Indian Child Resource'';
                    (B) in the first sentence, by striking ``Act'' and 
                inserting ``and Education Assistance Act (25 U.S.C. 450 
                et seq.)'';
                    (C) 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
                    (D) 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 2008 through 2012.''.

SEC. 11. 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) Definition of Medical or Behavioral Health Professional.--In 
this section, the term `medical or behavioral health professional' 
means an employee or volunteer of an organization that provides a 
service as part of a comprehensive service program that combines--
            ``(1) substance abuse (including abuse of alcohol, drugs, 
        inhalants, and tobacco) prevention and treatment; and
            ``(2) mental health treatment.
    ``(b) Contracts and Agreements.--The Service is authorized to enter 
into any contract or agreement for the use of telemedicine with a 
public or private university or facility, including a medical 
university or facility, or any private medical or behavioral health 
professional, 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.
    ``(c) Administration.--In carrying out subsection (b), 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.
    ``(d) Information and Consultation.--On receipt of a request, for 
purposes of this section, the Service may provide to public and private 
universities and facilities, including medical universities and 
facilities, and medical or behavioral health professionals described in 
subsection (b) any information or consultation on the treatment of 
Indian children who have, or may have, been subject to abuse or 
neglect.
    ``(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 2008 through 2012.''.

SEC. 12. CONFORMING AMENDMENTS.

    (a) Offenses Committed Within Indian Country.--Section 1153(a) of 
title 18, United States Code, is amended by inserting ``felony child 
abuse, 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.''.
                                 <all>