[Congressional Record Volume 153, Number 15 (Thursday, January 25, 2007)]
[Senate]
[Pages S1195-S1198]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DORGAN (for himself, Mr. McCain, Mr. Inouye, Mr. Thomas, 
        and Mr. Domenici):
  S. 398. Abill 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; to the Committee on Indian Affairs.
  Mr. DORGAN. Mr. President, today I am pleased to introduce with 
Senator McCain and other senators the Indian Child Protection and 
Family, Violence Prevention Act Amendments of 2007. The bill we 
introduce today is virtually identical to legislation which the Senate 
adopted last year to amend and reauthorize the Indian Child Protection 
and Family Violence Prevention Act of 1990. The primary goals of that 
Act 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 authorize 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 concerning child abuse in 
Indian Country; provide additional safeguards for the privacy of 
information about a child by local law enforcement and child protective 
services; provide for more involvement by the FBI and the Attorney 
General in documenting incidents of child abuse on Indian reservations; 
and authorize the Indian Health Service to use telemedicine in 
connection with examinations of abused Indian children. The bill would 
also authorize background investigations for employees and volunteers 
who work with Indian children, amend the Major Crimes Act to 
criminalize acts of child abuse and neglect in Indian Country, and 
authorize several treatment programs for Indian children who have been 
victimized.
  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 authorized under the 
Act.
  I am hopeful that the Senate will act quickly this session to 
authorize the additional protections for Native American children that 
would be provided by the Indian Child Protection and Family Violence 
Prevention Act Amendments of 2007. I ask unanimous consent that the 
text of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

[[Page S1196]]

                                 S. 398

       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

[[Page S1197]]

       (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

[[Page S1198]]

     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.''.
                                 ______