[Congressional Record Volume 151, Number 134 (Thursday, October 20, 2005)]
[Senate]
[Pages S11667-S11669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. STABENOW (for herself, Mr. Harkin, Mr. Dayton, Mr. 
        Lautenberg, and Mr. Corzine):
  S. 1900. A bill to amend title XVIII of the Social Security Act to 
stabilize the amount of the medicare part B premium; to the Committee 
on Finance.
  Ms. STABENOW. Mr. President, today I am introducing the ``Keep the 
Promise of Medicare Act'' of 2006, and am pleased to be joined by my 
colleagues Senators Kennedy, Harkin, Lautenberg, Dayton, and Corzine.
  Retirees will see an average monthly cost-of-living-adjustment 
increase of $39 in their Social Security checks next year. Although 
this increase is welcome news, one-fourth of the COLA will be eaten up 
by rising Medicare Part B premiums, which will increase yet again by 
double-digits. And the premium for Medicare's new prescription drug 
benefit could eat up the remainder of the Social Security increase.
  As William D. Novelli, chief executive of AARP, said: ``A record 
increase would usually be welcome news for America's Social Security 
beneficiaries. But this cost-of-living adjustment is being eaten up by 
rising gasoline and heating costs, another double-digit increase in the 
monthly Medicare Part B premium and escalating health care bills.''
  This dramatic increase could have been avoided. CMS Administrator 
McClellan has acknowledged after last year's record 17.5 percent 
increase that provisions included in the 2003 Medicare law designed to 
privatize the program directly contributed to the premium increase.
  My legislation will limit the 2006 Part B premium increase to the 
same level as the Social Security COLA. Without this legislation, the 
Medicare Part B premium will rise by 13 percent to more than $10, to 
$88.50 a month, in 2006.
  ``Social Security's COLA will simply not be enough to cover the 
increasing costs of living as an older person in America,'' said George 
J. Kourpias, president of the Alliance for Retired Americans.
  Adjusting the current premium is a first step, and one we must take 
immediately. Older Americans have been struggling for too long under 
the relentless increases in the cost of their health care and 
prescription drugs. Additionally, we should use this year to revise an 
outdated law that has led to record increase in Medicare premiums in 
the last four years. The promise of Medicare must include protection 
from dramatic increases in the Part B premium.
  I urge my colleagues to join me on this important piece of 
legislation.

                                S. 1900

       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 ``Keep the Promise of Medicare 
     Act of 2006''.

     SEC. 2. STABILIZATION OF MEDICARE PART B PREMIUM.

       Section 1839(a)(3) of the Social Security Act (42 U.S.C. 
     1395r(a)(3)) is amended by adding at the end the following 
     new sentence: ``Notwithstanding the preceding sentences, the 
     monthly premium rate determined under this paragraph for each 
     month in 2006 may not exceed an amount equal to the monthly 
     premium rate determined under this paragraph for each month 
     in 2005 adjusted by the percentage change in the average 
     Consumer Price Index for Urban Wage Earners and Clerical 
     Workers (CPI-W) for the third quarter of 2004 to the third 
     quarter of 2005.''.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1899

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FINDINGS AND PURPOSE.

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

     SEC. 3. DEFINITIONS.

       Section 403 of the Indian Child Protection and Family 
     Violence Prevention Act (25 U.S.C. 3202) is amended--
       (1) by striking paragraph (14);
       (2) by redesignating paragraphs (5) through (13) as 
     paragraphs (6) through (14), respectively;
       (3) by inserting after paragraph (4) the following:
       ``(5) `conviction', with respect to an offense, means a 
     final judgment of guilty through a verdict by a judge or jury 
     or a plea of guilty or no contest, but does not include any 
     final judgment that has been expunged by pardon, reversed, 
     set aside, or otherwise voided;'';
       (4) in paragraph (13) (as redesignated by paragraph (2)), 
     by striking ``that agency'' and all that follows through 
     ``Indian tribe'' and inserting ``the Federal, State, or 
     tribal agency'';
       (5) in paragraph (14) (as redesignated by paragraph (2)), 
     by inserting ``(including a tribal law enforcement agency 
     operating pursuant to a grant, contract, or compact under the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450 et

[[Page S11668]]

     seq.))'' after ``State law enforcement agency'';
       (6) in paragraph (17), by striking ``and'' at the end;
       (7) in paragraph (18), by striking the period at the end 
     and inserting ``; and''; and
       (8) by adding at the end the following:
       ``(19) `telemedicine' means a telecommunications link to an 
     end user through the use of eligible equipment that 
     electronically links health professionals or patients and 
     health professionals at separate sites in order to exchange 
     health care information in audio, video, graphic, or other 
     format for the purpose of providing improved health care 
     diagnosis and treatment.''.

     SEC. 4. REPORTING PROCEDURES.

       Section 404 of the Indian Child Protection and Family 
     Violence Prevention Act (25 U.S.C. 3203) is amended--
       (1) in subsection (c)--
       (A) in paragraph (1), by striking ``(1) Within'' and 
     inserting the following:
       ``(1) In general.--Not later than''; and
       (B) in paragraph (2)--
       (i) by striking ``(2)(A) Any'' and inserting the following:
       ``(2) Investigation of reports.--
       ``(A) In general.--Any'';
       (ii) in subparagraph (B)--

       (I) by striking ``(B) Upon'' and inserting the following:

       ``(B) Final written report.--On''; and

       (II) by inserting ``including any Federal, State, or tribal 
     conviction resulting from the allegation'' before the period 
     at the end; and

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

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

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

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

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

     SEC. 6. CONFIDENTIALITY.

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

     ``SEC. 406. CONFIDENTIALITY.

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

     SEC. 7. WAIVER OF PARENTAL CONSENT.

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

     SEC. 8. CHARACTER INVESTIGATIONS.

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

     SEC. 9. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM.

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

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

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

[[Page S11669]]

     Self-Determination and Education Assistance Act (25 U.S.C. 
     450 et seq.).''; and
       (C) in the third sentence, by striking ``This section'' and 
     inserting the following:
       ``(3) Effect of section.--This section''; and
       (7) by striking subsection (h) and inserting the following:
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section for each of fiscal years 2006 through 
     2010.''.

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

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

     SEC. 12. USE OF TELEMEDICINE.

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

     ``SEC. 412. USE OF TELEMEDICINE.

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

     SEC. 13. CONFORMING AMENDMENTS.

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

  Mr. DORGAN. Mr. President, I am pleased to join the chairman of the 
Senate Indian Affairs Committee as original sponsor of the Indian Child 
Protection and Family Violence Prevention Act Amendments of 2005. The 
primary goals of the Indian Child Protection and Family Violence 
Prevention Act of 1990, which the legislation we introduce today would 
reauthorize, were to reduce the incidence of child abuse, and mandate 
the reporting and tracking of child abuse in Indian Country.
  The Indian Child Protection and Family Violence Prevention Act 
Amendments would provide additional safeguards for the privacy of 
information about a child; provide more involvement by the FBI and the 
Attorney General in documenting incidents of child abuse; direct a 
study to identify impediments to the reduction of child abuse in Indian 
Country, as well as require data collection and annual reporting to 
Congress on child abuse in Indian Country; and authorize the Indian 
Health Service to use telemedicine in connection with examinations of 
abused Indian children.
  I particularly appreciate that this reauthorization legislation 
addresses a related issue about which I have deep concern--the epidemic 
of youth suicide in many reservation communities. Indian Country has 
higher rates of youth suicide, as well as of child abuse, than other 
American population groups. Often, children who attempt suicide have 
been abused by a family or community member. This bill would authorize 
professionals trained in behavioral health, including suicide 
prevention and treatment, to be included on the staff of regional 
Indian Child Resource and Family Services Centers.
  Chairman McCain and I are committed to providing these additional 
protections for Native American children. I urge my colleagues to 
support passage of this reauthorization bill, along with adoption of 
provisions for child abuse prevention and child protective services 
that are contained in legislation also under consideration to 
reauthorize the Indian Health Care Improvement Act.
                                 ______