[Senate Report 109-255]
[From the U.S. Government Publishing Office]




                                                       Calendar No. 436
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-255
======================================================================
 
AMENDING THE INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT 
TO IDENTIFY AND REMOVE BARRIERS TO REDUCING CHILD ABUSE, TO PROVIDE FOR 
        EXAMINATIONS OF CERTAIN CHILDREN, AND FOR OTHER PURPOSES

                                _______
                                

                  May 18, 2006.--Ordered to be printed

                                _______
                                

    Mr. McCain, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 1899]

    The Committee on Indian Affairs, to which was referred the 
bill, S. 1899, 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 having considered the same, 
reports favorably thereon with an amendment in the nature of a 
substitute and recommends that the bill, as amended, do pass.

                                Purpose

    The bill to amend the Indian Child Protection and Family 
Violence Prevention Act of 2006 (S. 1899) provides for a five-
year reauthorization of child abuse prevention and treatment 
programs and conforms the Act to other federal child abuse 
reporting and confidentiality laws. It enhances the ability of 
the Congress to identify the scope of child abuse and family 
violence in Indian Country and encourages inter-agency 
coordination between the Indian Health Service and public and 
private medical or treatment organizations in the treatment and 
examination of children through the use of telemedicine; and 
reauthorizes the Indian child sexual abuse treatment and the 
Indian child protection and family violence prevention grant 
programs. The bill also recognizes the role of the Attorney 
General in documenting and addressing incidents of felony child 
abuse in Indian Country.

                               Background

    Public Law 101-630, the Indian Child Protection and Family 
Violence Prevention Act, (hereafter, ``the Act'') was enacted 
in 1990. The Act addressed the findings of the Senate Select 
Committee on Indian Affairs and the Special Committee on 
Investigations that reports of child abuse in Indian Country 
were not properly investigated; that child abuse in Indian 
Country was perpetrated by federal employees with a known 
history of suspected child abuse; and that Indian tribes and 
the federal government lacked sufficient resources to treat 
children who had been abused.\1\
---------------------------------------------------------------------------
    \1\ S. Rpt. 101-203 on S. 1783, November 13, 1989.
---------------------------------------------------------------------------
    In 1989, the Special Committee on Investigations convened 
hearings after several federal employees were indicted abusing 
multiple Indian children over the course of several years. The 
hearings focused on three Indian reservations where large 
numbers of children were abused by federal government 
employees. The Special Committee found that, often, the 
perpetrator had been earlier removed or terminated from federal 
employment for suspected acts of child abuse and, in several 
instances, reports of the abuse were disclosed to 
administrators and local law enforcement who failed to respond 
appropriately. In some cases, the failure to act on these 
report resulted in the employee being hired to work with 
children in other Indian communities, which resulted in the 
continued abuse of Indian children.
    Further, the Special Committee and the Senate Select 
Committee on Indian Affairs found that Indian tribes lacked the 
mental health resources to appropriately treat victims of 
sexual abuse or to provide services to Indian communities 
affected by the abuse.
    The Act resulted in the first federal mandatory Indian 
child abuse reporting law with criminal penalties for the 
failure to report suspected abuse. It required the Bureau of 
Indian Affairs (hereafter ``BIA''), the Indian Health Service 
(hereafter ``IHS''), and Indian tribes receiving Indian Self-
Determination and Education Assistance Act funds to conduct 
employee background checks on individuals who come into contact 
with children. The Act proposed to identify the scope of child 
abuse and family violence in Indian Country and to provide 
funds to Indian tribes for the mental health treatment of child 
sexual abuse and family violence victims. In addition, it 
encouraged cooperative investigation and prosecution activity 
to ensure that no further trauma was inflicted on children 
during the investigation and adjudication of child abuse 
crimes.

                     A. REAUTHORIZATION OF THE ACT

    In 1995, the Committee convened a hearing on the Act's 
reauthorization. The Committee learned that neither the BIA nor 
the IHS had requested funding to implement child abuse 
prevention and treatment programs that were authorized by the 
Act. In addition, the BIA had not promulgated regulations for 
the administration of such programs or developed the Central 
Registry for reports or information on the abuse of children in 
Indian Country called for in the Act. Consequently, Indian 
tribes were left with inadequate resources to address child 
abuse. The reauthorization legislation, S. 441, became Public 
Law 104-16.
    During the 108th Congress, S. 1601 was introduced to 
reauthorize the Act. A hearing was held on that bill and 
information was provided by the Administration and Indian 
tribes and organizations. The testimony largely revealed that 
child abuse treatment grants and programs continue to be 
administered in piecemeal fashion and with little consistency. 
In addition, a concern was raised that information about the 
rates of child abuse in Indian Country remains elusive due to 
the multiple jurisdictors with responsibility for responding to 
reports of abuse. Consequently, it is difficult for Indian 
tribes and the federal government adequately to measure the 
resources necessary to address the impact of child abuse in 
Indian Country. S. 1601 passed the Senate, but was not acted on 
by the House.

                          B. SENATE BILL 1899

    S. 1899 is intended to strengthen the law and provide a 
means to address the current lack of comprehensive data 
available on the extent of child abuse in Indian Country. The 
Committee believes that this data, including numeric reporting 
data, is critical to the Congress'understanding of the scope of 
the problem and the degree of resources necessary to address it. S. 
1899 encourages a collaborative effort between the responsible agencies 
and governments in collecting data on an annual basis. Finally, it 
requires annual reports to those Committees of the Congress that have 
oversight responsibility over agencies that respond to the effects of 
child abuse.

1. Annual reports to the Congress

    The law currently requires local law enforcement 
immediately to submit reports of child abuse to the Federal 
Bureau of Investigation. This process was intended to ensure 
that reports of child abuse did not go unaddressed. Shortly 
after the law was enacted, the FBI began collecting this data 
on an annual basis. The Committee believes that the Congress 
would benefit from receiving an annual report of the numeric 
data currently generated pursuant to this provision of the law. 
See the attached letter from the FBI. Therefore, S. 1899 
includes an amendment to require the FBI, in consultation with 
the Attorney General and the Secretary (who has some 
responsibility and oversight for federal and tribal law 
enforcement agencies in Indian Country), to submit annually 
this numeric data to the Congress. In addition, an amendment 
provides that the FBI shall keep this information in a manner 
accessible only to agencies that require such information to 
comply with the background check on employees pursuant to this 
law.
    The bill also provides an amendment for the collection of 
other types of child abuse information beyond that already 
collected by the FBI. The Committee believes that federal, 
tribal and local judicial, behavioral health and medical 
agencies that respond to incidents of child abuse in Indian 
Country have important data. The amendment requires a 
collaborative effort between the Indian tribes, the Secretary, 
the Secretary of Health and Human Services, the Attorney 
General and the Director of the FBI to coordinate the 
collection of comprehensive data, including criminal and civil 
child abuse allegations, federal and tribal prosecutions, 
sentencing patterns and recidivism rates, and to provide this 
information annually to the Congress. This information will 
enhance the Congress' understanding of the overall extent to 
which child abuse impacts federal, state and tribal 
investigation, prosecution and treatment resources in Indian 
Country.
    The Committee believes these two reports are not 
duplicative. Each report calls for a different type of data. 
The first contains only local law enforcement reports of 
alleged child abuse and is immediately accessible. The latter 
report is more comprehensive and inclusive of non-law 
enforcement agency information, including information only 
known by tribal governments. Consequently, this second study 
will take considerably longer to develop and thus, to report. 
The Committee believes that the Congress should have access to 
information that is readily available in order to expedite an 
appropriate response to this problem. To the extent that these 
reports can be combined at a later date, the Committee will 
amend this provision to accommodate such a request.

2. Background character investigations

    The Committee received comments that some Indian tribes 
that were engaged in the foster care placement of children were 
duplicating investigation efforts pursuant to the Indian Child 
Protection law and other federal laws governing foster care and 
adoption placement. To avoid duplication of this effort, the 
bill as introduced has been amended to provide that an Indian 
tribe that conducts background checks on volunteers or 
potential volunteers under this Act are deemed to have met the 
requirements of any other federal law.

3. Using telemedicine in the treatment and diagnosis of child abuse

    The Committee is aware that there is a lack of available 
professionals trained to diagnose and treat the sexual and 
physical abuse of children in Indian Country. This section 
recognizes that there is a level of training needed to 
appropriately diagnose and treat forms of child abuse. Not all 
physicians employed by the IHS are experienced in performing 
sexual assault examinations, particularly on children. However, 
given the placement of IHS and tribal facilities in Indian 
Country, physicians therein are routinely asked to perform such 
examinations and to render diagnosis and treatment and there is 
a great potential for missed diagnosis or inappropriate 
referral for investigation and services. Therefore, the bill 
contains an amendment that makes accessible through the use of 
telemedicine, experienced public and private medical and 
treatment agencies that specialize in the area of child abuse 
diagnosis and treatment to IHS Service areas and tribal 
facilities in rural or isolated communities.
    This specialized care (including the proper manner of 
examination and interview) is critical to minimize trauma to 
children who have been victimized. Ideally, such examinations 
should take place immediately after disclosure of abuse. The 
Committee is aware, however, that due to the current lack of 
resources, some children must wait to receive these services. 
They are routinely being transported hours away from their 
homes to be examined. The bill takes a conservative approach to 
the provision of such services by providing that isolated 
Indian communities receive priority in receiving such 
telemedicine services.

4. Major Crimes Act amendment

    Currently, the federal government has jurisdiction to 
investigate and prosecute specific acts of child sexual abuse 
in Indian Country pursuant to the Major Crimes Act. However, 
the federal government does not have jurisdiction to 
investigate or prosecute acts of child physical abuse or 
neglect unless they rise to the level of serious bodily injury 
or death. Given that child abuse or neglect is not a crime 
listed in the Major Crimes Act, these acts cannot be prosecuted 
using comparable state offenses. While Indian tribes have 
jurisdiction to investigate and prosecute acts of child abuse 
and neglect, their jurisdiction is limited to acts committed by 
or against an Indian and penalties of no more than one-year in 
custody and a $5000 fine. The Committee is concerned that a 
whole category of crimes against children is going unaddressed. 
Therefore, an amendment is added to the Major Crimes Act to 
criminalize acts of child abuse and neglect in Indian Country. 
This amendment is intended to close the gap that exists in 
addressingthe full range of crimes that may be inflicted on 
children. The Committee encourages the federal government and the 
tribes to use Multi-Disciplinary Teams to determine how to proceed in 
adjudicating such crimes to avoid duplication of effort and to minimize 
the trauma to the child often associated with prolonged exposure to the 
judicial systems.

                          Legislative History

    S. 1899 was introduced on October 20, 2005, by Senators 
McCain, Dorgan, Crapo and Inouye, and was referred to the 
Committee on Indian Affairs. On March 15, 2006, the Committee 
held a legislative hearing on S. 1899. The hearing addressed 
the need to reauthorize the Indian Child Protection and Family 
Violence Prevention Act and several key issues, including 
annual reports to the Congress, background character 
investigation, an amendment to the Major Crimes Act, and using 
Telemedicine in the treatment and diagnosis of child abuse. On 
March 29, 2006, S. 1899 was unanimously passed out of the 
Committee and ordered reported as amended.

            Committee Recommendation and Tabulation of Vote

    On March 29, 2006, the Committee, in an open business 
session, considered S. 1899, and an amendment in the nature of 
a substitute and unanimously voted to have the substitute 
amendment favorably reported to the full Senate with a 
recommendation that the amendment do pass.

                      Section-by-Section Analysis


Section 1

    Short title. Indian Child Protection and Family Violence 
Prevention Act Amendments of 2006.

Section 2

    Sec. 402. Findings and purpose.
    A new finding is added which recognizes the role of the 
federal and state governments in investigating and prosecuting 
felony acts of child abuse in Indian Country and federal law. A 
new purpose has been added to identify and remove impediments 
to the investigation and prosecution of acts of child abuse.

Section 3

    Sec. 403. Definitions.
    Technical corrections and modifications are added to this 
section. The term ``conviction'' is defined with respect to an 
offense, as a formal judgment of guilty through a verdict by a 
judge or jury or a plea of guilty or nolo contendere, but does 
not include any formal judgment that has been expunged by 
pardon, reversed, set aside, or otherwise voided. The 
substitute amendment adds conforming and technical changes to 
this section.

Section 4

    Sec. 404. Reporting procedures.
    An amendment to section 404 brings the Act into conformity 
with other federal child abuse reporting statutes to provide 
confidentiality protections for the child and to permit 
disclosure of information about the child only to those who 
need to know such information in investigating, treating or 
adjudicating child abuse. See Title 18 United States Code 
Section 3509.
    The amendment to section 404 also requires the Federal 
Bureau of Investigation, in coordination with the Attorney 
General and the Secretary of the Interior, to annually report 
to appropriate Committees of Congress the number of child abuse 
incidents that have been reported to it by virtue of the 
original law. This amendment is intended to enhance the 
Congress's understanding of the extent of child abuse in Indian 
Country.
    This section also requires the Secretary, in consultation 
with the Department of Health and Human Services and the 
Attorney General and the tribes, to gather other data relating 
to child abuse from the Indian tribes, federal and local law 
enforcement, criminal justice, behavioral health and medical 
agencies. This information has heretofore not been gathered or 
provided to the Congress and will permit the Administration and 
the Congress to determine the type of resources necessary to 
address child abuse and where to direct such resources.

Section 5

    Repeals Sec. 405. Central registry.
    Removal of Barriers to Reducing Child Abuse.
    Section 405 is repealed and replaced with a new section. 
The central registry provision was repealed based on 
recommendation from the Bureau of Indian Affairs that due 
process concerns and developing a mechanism that requires 
tribal implementation created substantial obstacles. The 
replacement provision requires a federal study to identify 
factors that are impeding the reduction of child abuse in 
Indian Country. The substitute amendment adds conforming and 
technical changes to this section.

Section 6

    Sec. 406. Confidentiality.
    Section 406 is amended to broaden the waiver of laws 
requiring confidentiality of records to permit agencies that 
investigate and treat child abuse to receive the otherwise 
confidential information in the performance of their duties. 
The substitute amendment inserts the unpaid ``volunteer'' to 
the list of categories included in character investigations.

Section 7

    Sec. 407. Waiver of parental consent.
    Section 407 specifies that no parental consent for forensic 
examinations is necessary if the reporting agency suspects a 
child has been abused. The substitute amendment adds a new 
provision which is intended to minimize additional trauma to 
the child who may have been subject to abuse by requiring, to 
the greatest degree possible, avoidance of multiple interviews 
in the examination and interview processes.

Section 8

    Sec. 408. Character investigations.
    This section requires Department of the Interior and 
Department of Human and Health Services to conduct character 
investigations of individuals who work in voluntary positions 
where they have regular contact with children. The substitute 
amendment adds a new provision which is intended to remove 
redundancy in conducting background character investigations. 
The substitute deems that a character investigation under this 
subsection shall satisfy any requirement under any other 
federal law requiring background checks in connection with the 
placement of an Indian child in a tribally licensed or approved 
foster or adoptive home. The burden to show compliance with the 
law is on the agency seeking the waiver of such requirement 
from another agency.

Section 9

    Sec. 409. Indian child sexual abuse treatment grant 
program.
    This section reauthorizes appropriations until 2011 at such 
sums as necessary.

Section 10

    Sec. 410. Indian child resource and family services 
centers.
    Section 410 is amended to establish Regional rather than 
Area Offices of Indian Child Resource and Family Services 
Centers, and includes the Attorney General in the agencies 
permitted to participate in the service centers. The service 
centers are to provide services to victims and families who 
have suffered abuse or violence, and provide training for 
tribal staff in child sexual abuse investigation and treatment 
or post traumatic stress disorder treatment. The provision 
expands the lists of personnel appropriate for a multi-
disciplinary team and reauthorizes appropriations until 2011 at 
such sums as necessary. The substitute amendment adds 
conforming and technical changes to this section.

Section 11

    Sec. 411. Indian child protection and family violence 
prevention program.
    Section 411 reauthorizes appropriations for the Indian 
Child Protection and Family Violence Prevention Program from 
2007 through 2011 at such sums as necessary.
    These grants have heretofore not been provided. The 
Committee believes that these grants are necessary to provide 
Indian tribes with recurring prevention programs that focus on 
the dynamics of child and family violence. The Committee is 
aware that currently, Indian tribes piece together grants from 
various resources for prevention activity (e.g. child abuse 
prevention ribbons, designated month activity, etc.) that skim 
the surface of the problems that they seek to address. While 
these activities provide awareness, they do not provide tribes 
with on-going prevention efforts as envisioned by the law when 
it was first passed. The substitute amendment adds conforming 
and technical corrections to this section.

Section 12

    Sec. 412. Use of Telemedicine.
    Section 412 is added to authorizes the Indian Health 
Service to enter into contracts or agreements with experienced 
private or public medical and treatment practitioners for the 
use of telemedicine in the treatment and diagnosis of Indian 
children. It requires the Indian Health Service to supplement 
existing telemedicine infrastructure and to give priority to 
rural and isolated Service Units or tribal health facilities. 
It also permits public and private agencies to seek assistance 
from the Indian Health Service in the treatment of Indian 
children. An authorization of appropriations is provided for 
2007 through 2011 at such sums as necessary.
    The substitute amendment adds language to this section 
which is intended to clarify that access to any information or 
consultation on the treatment of Indian children who have, or 
may have, been subject to abuse or neglect, is limited to 
purposes of telemedicine services addressed in this section.

Section 13

    Conforming Amendments.
    Section 413 amends Title 18 U.S.C. Sec. 1169 to broaden the 
class of people required to report child abuse to include 
foster parents and volunteers thus bringing the Act into 
conformity with other federal child abuse reporting statutes. 
See Title 42 United States Code Section 13031. The substitute 
amendment adds ``felony child neglect'' to the list of offenses 
in the Major Crimes Act (18 U.S.C. 1153(a)) and makes other 
technical corrections to this section.

                   Cost and Budgetary Considerations

    The Congressional Budget Office has calculated the cost 
estimate for S. 1899 as follows:

S. 1899--Indian Child Protection and Family Violence Prevention Act 
        Amendments of 2006

    Summary: S. 1899 would authorize appropriations to operate 
Bureau of Indian Affairs (BIA) and Indian Health Service (IHS) 
programs aimed at preventing abuse of Indian children. CBO 
estimates that implementing S. 1899 would cost about $350 
million over the 2007-2011 period, assuming appropriation of 
the necessary amounts.
    S. 1899 would prohibit local law enforcement or child 
protection agencies from disclosing names or other information 
about abused children to entities that are not involved in 
preventing or treating child abuse. While this prohibition is 
an intergovernmental mandate as defined in the Unfunded 
Mandates Reform Act (UMRA) because it would restrict the 
authority of local government agencies, CBO estimates that it 
would impose no costs on state, local, or tribal governments. 
Therefore, the threshold established in UMRA ($64 million in 
2006, adjusted annually for inflation) would not be exceeded. 
The bill contains no private-sector mandates as defined in 
UMRA.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1899 is shown in the following table. 
The cost of this legislation falls within budget functions 450 
(community and regional development) and 550 (health).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2007     2008     2009     2010     2011
----------------------------------------------------------------------------------------------------------------
Indian Child Abuse Treatment Grants:
    Estimated Authorization Level..................................       12       12       12       13       13
    Estimated Outlays..............................................        6        9       12       12       13
Indian Child Resource and Family Service Centers:
    Estimated Authorization Level..................................        6        6        6        6        7
    Estimated Outlays..............................................        5        6        6        6        7
Indian Child Protection and Family Violence Protection Program:
    Estimated Authorization Level..................................       42       43       44       45       46
    Estimated Outlays..............................................       32       43       44       45       46
Use of Telemedicine:
    Estimated Authorization Level..................................       23        7        7        7        7
    Estimated Outlays..............................................        9       14        8        7        7
Other Provisions:
    Estimated Authorization Level..................................        2        2        2        2        2
    Estimated Outlays..............................................        2        2        2        2        2
    Total Changes:
        Estimated Authorization Level..............................       85       70       71       73       75
        Estimated Outlays..........................................       54       74       72       72       75
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
1899 will be enacted in 2006, that the necessary amounts will 
be provided for each year, and that spending will follow 
historical patterns for similar programs. S. 1899 would 
authorize appropriations to operate BIA and IHS programs aimed 
at preventing abuse of Indian children. Based on information 
from the two agencies, CBO estimates that implementing S. 1899 
would cost about $350 million over the 2007-2011 period to 
operate programs that would be authorized under the bill.

Indian child abuse treatment grants

    Section 9 would authorize the appropriation of such sums as 
necessary for fiscal years 2007 through 2011 to provide grants 
to Indian tribes to treat child abuse. The grants would 
beadministered by the IRS. Based on the level of spending previously 
authorized for this activity (which has not been previously funded), 
CBO estimates that implementing the grant program would cost $6 million 
in 2007 and $52 million over the 2007-2011 period, assuming 
appropriation of the necessary funds.

Indian Child Resource and Family Services Centers

    Section 10 would authorize the appropriation of such sums 
as are necessary for fiscal years 2007 through 2011 for Indian 
Child Resource and Family Services Centers. The legislation 
would establish regional centers to provide services to victims 
and families who have suffered abuse or violence and provide 
training to tribal staff regarding family violence, child 
abuse, and child neglect. Based on information from BIA, CBO 
estimates that implementing this section would cost about $6 
million a year to staff such centers, assuming appropriation of 
the necessary amounts.

Indian child protection and family violence prevention program

    Section 11 would authorize the appropriation of such sums 
as are necessary for fiscal years 2007 through 2011 for the BIA 
to provide grants to tribes to establish child protection and 
family violence prevention programs. This would include on-
reservation treatment and prevention programs for both child 
abuse and neglect as well as family violence. The grants could 
be used to purchase equipment, employ and train staff, and 
provide shelter. Although authorized at $30 million annually 
over the 1992-1997 period, no funds have been appropriated for 
these grants. Based on information from BIA, CBO estimates that 
implementing this section would cost about $32 million in 2007 
and $210 million over the 2007-2011 period to establish and 
operate these programs.

Use of telemedicine

    Section 12 would authorize the appropriation of such sums 
as are necessary for fiscal years 2007 through 2011 for IRS to 
use telemedicine (the transfer of medical information via 
electronic communication) to better diagnose and treat child 
abuse. Based on information from IRS, CBO estimates that 
implementing this section would cost about $9 million in 2007 
and $45 million over the 2007-2011 period for new equipment, 
staff, and training.

Other provisions

    The legislation includes provisions that would add new 
reporting requirements and administrative costs for federal 
agencies that oversee Indian child abuse. Based on information 
from the agencies about the costs of similar services, CBO 
estimates that implementing those provisions would cost $2 
million annually.
    Estimated impact on State, local, and tribal governments: 
S. 1899 would prohibit local law enforcement or child 
protection agencies from disclosing names or other information 
about abused children to entities that are not involved in 
preventing or treating child abuse. While this prohibition is 
an intergovernmental mandate as defined in UMRA because it 
would restrict the authority of local government agencies, CBO 
estimates that it would impose no costs on state, local, or 
tribal governments. Therefore, the threshold established in 
UMRA ($64 million in 2006, adjusted annually for inflation) 
would not be exceeded.
    Estimated impact on the private sector: The bill contains 
no private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Matthew Pickford and 
Eric Rollins. Impact on State, Local, and Tribal Governments: 
Leo Lex. Impact on the Private Sector: Jennifer Doleac.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

               Regulatory and Paperwork Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires that each report accompanying a bill to 
evaluate the regulatory and paperwork impact that would be 
incurred in carrying out the bill. The Committee concludes that 
S. 1899 will reduce regulatory or paperwork requirements and 
impacts.

                        Executive Communications

    The Chairman and Vice Chairman of the Committee sent 
letters to the Federal Bureau of Investigation, the Indian 
Health Service and the Bureau of Indian Affairs, requesting 
information on each agencies' implementation of the law. A copy 
of each letter and its respective response is attached.


                        Changes in Existing Law

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1899, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new language to be added in italic, existing law to 
which no change is proposed is shown in roman):

       INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT


                           Public Law 101-630


                          25 U.S.C. Sec. 3201


25 U.S.C. Sec. 3201. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress, after careful review of the 
problem of child abuse on Indian reservations and the 
historical and special relationship of the Federal Government 
with Indian people,
          (1) finds that--

           *       *       *       *       *       *       *

                  (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;
                  [(E)] (F) funds spent by the United States on 
                Indian reservations or otherwise spent for the 
                benefit of Indians who are victims of child 
                abuse or family violence are inadequate to meet 
                the growing needs for mental health treatment 
                and counseling for victims of child abuse or 
                family violence and their families; and
                  [(F)] (G) there is no resource that is more 
                vital to the continued existence and integrity 
                of Indian tribes than their children and the 
                United States has a direct interest, as 
                trustee, in protecting Indian children who are 
                members of, or are eligible for membership in, 
                an Indian tribe; and
          (2) declares that [two] the major goals of the United 
        States are to--
                  (A) identify the scope of incidents of abuse 
                of children and family violence in Indian 
                Country and to reduce such incidents [and];
                  (B) provide funds for mental health treatment 
                for Indian victims of child abuse and family 
                violence on Indian reservations[,]; and
                  (C) identify and remove any impediment to the 
                immediate investigation of incidents of child 
                abuse in Indian Country.
    (b) Purpose.--The purposes of this title are to--
          (1) * * *
          [(3) authorize such other actions as are necessary to 
        ensure effective child protection in Indian Country]
          (3) provide for a background investigation for any 
        employee or volunteer who has access to children;

           *       *       *       *       *       *       *

          (6) establish Indian Child Resource and Family 
        Services Centers in each Bureau of Indian Affairs [Area 
        Office] Regional Office which will consist of multi-
        disciplinary teams of personnel with experience and 
        training in the prevention, identification, 
        investigation, and treatment of child abuse and 
        neglect;

           *       *       *       *       *       *       *


                          25 U.S.C. Sec. 3202


25 U.S.C. Sec. 3202. DEFINITIONS.

    For the purposes of this title, the term--

           *       *       *       *       *       *       *

          (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;''
          [(6)] (7) ``Indian'' means any individual who is a 
        member of an Indian tribe;
          [(7)] (8) ``Indian child'' has the meaning given to 
        such term by section 4(4) of the Indian Child Welfare 
        Act of 1978 (25 U.S.C. 1903(4));
          [(8)] (9) ``Indian Country'' has the meaning given to 
        such term by section 1151 of title 18, United States 
        Code;
          [(9)] (10) ``Indian reservation'' means any Indian 
        reservation, public domain Indian allotment, former 
        Indian reservation in Oklahoma, or lands held by 
        incorporated Native groups, regional corporations, or 
        village corporations under the provisions of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
          [(10)] (11) ``Indian tribe'' and ``tribal 
        organization'' have the respective meanings given to 
        each of such terms under section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b);
          [(11)] (12) ``inter-tribal consortium'' means a 
        partnership between--
                  (A) an Indian tribe or tribal organization of 
                an Indian tribe, and
                  (B) one or more Indian tribes or tribal 
                organizations of one or more other Indian 
                tribes;
          [(12)] (13) ``local child protective services 
        agency'' means [that agency of the Federal Government, 
        of a State, or of an Indian tribe] the Federal, State 
        or tribal agency that has the primary responsibility 
        for child protection on any Indian reservation or 
        within any community in Indian Country;
          [(13)] (14) ``local law enforcement agency'' means 
        that Federal, tribal, or State law enforcement agency 
        (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.)) that has the primary 
        responsibility for the investigation of an instance of 
        alleged child abuse within the portion of Indian 
        Country involved;
          [(14)] (15) ``persons responsible for a child's 
        welfare'' means any person who has legal or other 
        recognized duty for the care and safety of a child, 
        including--
                  (A) any employee or volunteer of a children's 
                residential facility, and
                  (B) any person providing out-of-home care, 
                education, or services to children;
          [(15)] (16) ``related assistance''--
                  (A) includes counseling and self-help 
                services to abusers, victims, and dependents in 
                family violence situations (which shall include 
                counseling of all family members to the extent 
                feasible) and referrals for appropriate health-
                care services (including alcohol and drug abuse 
                treatment), and
                  (B) may include food, clothing, child care, 
                transportation, and emergency services for 
                victims of family violence and their 
                dependents;
          [(16)] (17) ``Secretary'' means the Secretary of the 
        Interior;
          [(17)] (18) ``shelter'' means the provision of 
        temporary refuge and related assistance in compliance 
        with applicable Federal and tribal laws and regulations 
        governing the provision, on a regular basis, of 
        shelter, safe homes, meals, and related assistance to 
        victims of family violence or their dependents; [and]
          [(18)] (19) ``Service'' means the Indian Health 
        Service of the Department of Health and Human 
        Services[.]; and
          (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.

                          25 U.S.C. Sec. 3203


25 U.S.C. Sec. 3203. REPORTING PROCEDURES.

           *       *       *       *       *       *       *


    (c) Written Report of Child Abuse.--
          [(1) Within] (1) In general.--Not later than 36 hours 
        after receiving an initial report described in 
        subsection (b), the receiving agency shall prepare a 
        written report which shall include, if available--

           *       *       *       *       *       *       *

          [(2)(A) Any] (2) Investigation of reports._
                  (A) In general._Any local law enforcement 
                agency or local child protective services 
                agency that receives a report alleging abuse 
                described in section 403(3) shall immediately 
                initiate an investigation of such allegation 
                and shall take immediate, appropriate steps to 
                secure the safety and well-being of the child 
                or children involved.
                  [(B) Upon] (B) Final written report._On 
                completion of the investigation of any report 
                of alleged abuse that is made to a local law 
                enforcement agency or local child protective 
                services agency, such agency shall prepare a 
                final written report on such allegation 
                including any Federal, State, or tribal final 
                conviction, and provide to the Federal Bureau 
                of Investigation a copy of the report.
                  (C) Maintenance of final reports.--The 
                Federal Bureau of Investigation shall maintain 
                a record of each written report submitted under 
                this subsection or subsection (b) in a manner 
                in which the report is accessible to--
                          (i) a local law enforcement agency 
                        that requires the information to carry 
                        out an official duty; and
                          (ii) any agency requesting the 
                        information under section 408.
                  (D) Report to congress.--Not later than 1 
                year after the date of enactment of this 
                subsection, and annually thereafter, the 
                Director of the Federal Bureau of 
                Investigation, in coordination with the 
                Secretary and the Attorney General, shall 
                submit to the Committees on Indian Affairs and 
                the Judiciary of the Senate and the Committees 
                on Resources and the Judiciary of the House of 
                Representatives a report on child abuse in 
                Indian Country during the preceding year.
                  (E) Collection of data.--Not less frequently 
                than once each year, the Secretary, in 
                consultation with the Secretary of Health and 
                Human Services, the Attorney General, the 
                Director of the Federal Bureau of 
                Investigation, and any Indian tribe, shall--
                          (i) collect any information 
                        concerning child abuse in Indian 
                        Country (including reports under 
                        subsection (b)), including information 
                        relating to, during the preceding 
                        calendar year--
                                  (I) the number of criminal 
                                and civil 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

           *       *       *       *       *       *       *

    (e) Confidentiality of Children.--No local law enforcement 
agency or local child protective services agency shall disclose 
the name of, or information concerning, the child to anyone 
other than--
          (1) a person who, by reason of the participation of 
        the person in the treatment of the child or the 
        investigation or adjudication of the allegation, needs 
        to know the information in the performance of the 
        duties of the individual; or
          (2) an officer of any other Federal, State, or tribal 
        agency that requires the information to carry out the 
        duties of the officer under section 406.
    (f) Report.--Not later than 1 year after the date of 
enactment of this subsection, and annually thereafter, the 
Secretary shall submit to the Committees on Indian Affairs and 
the Judiciary of the Senate and the Committees on Resources and 
the Judiciary of the House of Representatives a report on child 
abuse in Indian Country during the preceding year.
    (g) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section for each of fiscal years 2007 through 2011.

                          25 U.S.C. Sec. 3204


25 U.S.C. Sec. 3204. [CENTRAL REGISTRY.]

    [(a) Preparation of Study.--The Secretary, in consultation 
with the Secretary of Health and Human Services and the 
Attorney General of the United States, is hereby authorized and 
directed to prepare a written study on the feasibility of, and 
need for, the establishment of a Central Register for reports 
or information on the abuse of children in Indian Country.
    [(b) Content of Study.--The study conducted pursuant to 
subsection (a) shall include, but shall not be limited to--
          [(1) the need for, and purpose of, a Central 
        Register;
          [(2) the examination of due process implication of 
        the maintenance of such a register;
          [(3) the extension of access to information contained 
        in the register;
          [(4) the need and process for expunging information 
        from the register;
          [(5) the types, and duration of maintenance, of 
        information in the register; and
          [(6) the classes of persons who should be covered by 
        such register.
    [(c) Submission to Congress.--The Secretary shall complete 
the study conducted pursuant to this section and shall submit 
such study, together with recommendations and draft legislation 
to implement such recommendations, to the Congress within 180 
days after the date of enactment of this title.]

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.--No 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.''.

                          25 U.S.C. Sec. 3205


25 U.S.C. Sec. 3205. CONFIDENTIALITY.

    [Pursuant to section 552a of title 5, United States Code, 
the Family Educational Rights and Privacy Act of 1974 (20 
U.S.C. 1232g) or Section 264 of title 42, the Health Insurance 
Portability and Accountability Act (42 U.S.C. 1320d), or 
provision of law, agencies of any Indian tribe, of any State, 
or of the Federal Government that investigate and treat 
incidents of abuse ofchildren may provide information and 
records to those agencies of any Indian tribe, any State, or the 
Federal Government that need to know the information in performance of 
their duties. For purposes of this section, Indian tribal governments 
shall be treated the same as other Federal Government entities.]
    (a) In General.--Not withstanding 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.

                          25 U.S.C. Sec. 3206


25 U.S.C. Sec. 3206. WAIVER OF PARENTAL CONSENT.

    (a) Examinations and Interviews.--Photographs, x-rays, 
medical examinations, psychological or forensic examinations, 
and interviews of an Indian child alleged to have been subject 
to abuse in Indian Country shall be allowed without parental 
consent if local child protective services or local law 
enforcement officials have reason to believe the child has been 
subject to abuse.

           *       *       *       *       *       *       *

    [(c) Protection of Child.--Examinations and interviews of a 
child who may have been the subject of abuse shall be conducted 
under such circumstances and with such safeguards as are 
designed to minimize additional trauma to the child and, where 
time permits, shall be conducted with the advise, or under the 
guidance, of a local multidisciplinary team established 
pursuant to section 411 or, in the absence of a local team, a 
multidisciplinary team established pursuant to section 410.]
    (c) Protection of Child.--Any examination or interview of a 
child who may have been the subject of child abuse shall--
          (1) be conducted under such circumstances and using 
        such safeguards as are necessary to minimize additional 
        trauma to the child;
          (2) avoid, to the maximum extent practicable, 
        subjecting the child to multiple interviews during the 
        examination and interview processes; and
          (3) as time permits, be conducted using advice from, 
        or under the guidance of--
                  (A) a local multidisciplinary team 
                established under section 411; or
                  (B) if a local multidisciplinary team is not 
                established under section 411, a 
                multidisciplinary team established under 
                section 410.

                          25 U.S.C. Sec. 3207


25 U.S.C. Sec. 3207. CHARACTER INVESTIGATIONS.

    (a) The Secretary and the Secretary of Health and Human 
Services shall--
          (1) compile a list of all authorized positions, 
        including any voluntary position, within their 
        respective departments the duties and responsibilities 
        of which involve regular contact with, or control over, 
        Indian children[,];
    (2) conduct an investigation of the character of each 
individual who is employed, or is being considered for 
employment (including in a volunteer capacity) by the 
respective Secretary in a position listed pursuant to paragraph 
(1)[, and]; and

           *       *       *       *       *       *       *

    (b) Criminal Records.--The minimum standards of character 
that are to be prescribed under this section shall ensure that 
none of the individuals appointed to positions described in 
subsection (a) of this section have been found guilty of, or 
entered a plea on nolo contendere or [guilty to, any felonious 
offense, or any of two or more misdemeanor offenses, under 
Federal, State, or tribal law involving crimes of violence; 
sexual assault, molestation, exploitation, contact or 
prostitution; crimes against persons; or offenses committed 
against children.] 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.

           *       *       *       *       *       *       *

    (d) Effect on Child Placement.--An Indian tribe that 
certifies that the tribe has conducted an investigation under 
this section shall be considered to have satisfied the 
background investigation requirements of any Federal law 
requiring such an investigation for the placement of an Indian 
child in a tribally-licensed or tribally-approved foster or 
adoptive home, or an institution.

                          25 U.S.C. Sec. 3208


25 U.S.C. Sec. 3208. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM.

           *       *       *       *       *       *       *


    [(e) there is hereby authorized to be appropriated to carry 
out the provisions of this section $10,000,000 for each of the 
fiscal years 1992, 1993, 1994, 1995, 1996, and 1997.]
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section for each of fiscal years 2007 through 2011.

                          25 U.S.C. Sec. 3209


25 U.S.C. Sec. 3209. INDIAN CHILD RESOURCE AND FAMILY SERVICES CENTERS.

    (a) Establishment.--The Secretary shall establish within 
each [area office] Regional Office of the Bureau an Indian 
Child Resource and Family Services Center.
    (b) Memorandum of Agreement.--[The Secretary and the 
Secretary of Health and Human Services] The Secretary, the 
Secretary of Health and Human Services, and the Attorney 
General shall enter into a Memorandum of Agreement which 
provides for the staffing of the Centers established under this 
section.

           *       *       *       *       *       *       *

    (d) Center Responsibility and Functions.--

           *       *       *       *       *       *       *

          (4) develop recommendations to assist Federal, State, 
        and tribal personnel to respond to cases of family 
        violence, child abuse, and child neglect; and
          (5) develop policies and procedures for each [agency 
        office] Regional Office of the Bureau and service unit 
        of the Service within the area which, to the extent 
        feasible, comply with tribal laws pertaining to cases 
        of family violence, child abuse, and child neglect, 
        including any criminal laws, and which provide for 
        maximum cooperation with the enforcement of such laws.
    (e) Multidisciplinary Team Personnel.--Each 
multidisciplinary team established under this section shall 
include, but is not limited to, personnel with a background 
in--
          (1) law enforcement[,];
          (2) child protective services[,];
          [(3) juvenile counseling and adolescent mental 
        health, and] (3) adolescent mental and behavioral 
        health (including suicide prevention and treatment);
          (4) domestic violence and sexual assault[.];
          (5) criminal prosecution; and
          (6) medicine.
    (f) Center Advisory Board.--[The Secretary in consultation 
with the Secretary of Health and Human Services]
          (1) Establishment.--The secretary, in consultation 
        with the Service and the Attorney General, shall 
        establish, for each Indian Child Resource and Family 
        Services Center, an advisory board to advise and assist 
        such Center in carrying out its activities under this 
        Chapter. [Each]
          (2) Membership._Each advisory board [shall consist of 
        7 members] shall be appointed by the Secretary from 
        Indian tribes and human service providers served by an 
        area office of the Bureau. [Members]
          (3) Compensation._Members shall serve without 
        compensation, but may be reimbursed for travel and 
        other expenses while carrying out the duties of the 
        board. [The advisory]
          (4) Duties._Each advisory board shall assist the 
        Center in coordinating programs, identifying training 
        materials, and developing policies and procedures 
        relating to family violence, child abuse, and child 
        neglect.
    (g) Application of the Indian Self-Determination Act to 
Centers.--[Indian Child]
          (1) In general._Indian Child Resource and Family 
        Services Centers established under subsection (a) shall 
        be subject to the provisions of the Indian Self-
        Determination [Act] and Education Assistance Act (25 
        U.S.C. 450 et seq.). [If a Center is located in an area 
        office of the Bureau which serves more than one Indian 
        tribe, any application to enter into a contract to 
        operate the Center pursuant to such Act must have the 
        consent of each of the other tribes to be served under 
        the contract, except that, in the Juneau Area Alaska 
        Region, only the consent of such tribes or tribal 
        consortia that are engaged in contracting of Indian 
        Child Protection and Family Violence Prevention 
        programs pursuant to such Act shall be required.]
          (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.) [This section]
          (3) Effect of section.--This section shall not 
        preclude the designation of an existing child resource 
        and family services center operated by a tribe or 
        tribal organization as a Center if all of the tribes to 
        be served by the Center agree to such designation.
    [(h) Appropriations.--There are authorized to be 
appropriated to carry out the provisions of this section 
$3,000,000 for each of the fiscal years 1992, 1993, 1994, 1995, 
1996, and 1997.]
    (h) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section for each of fiscal years 2007 through 2011.

                          25 U.S.C. Sec. 3210


25 U.S.C. Sec. 3210. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE 
                    PREVENTION PROGRAM.

           *       *       *       *       *       *       *


    (c) [Investigation and Treatment and Prevention of Child 
Abuse and Family Violence] Coordinating Investigation, 
Treatment, and Prevention of Child Abuse and Family Violence.--
An Indian tribe operating an Indian Child Protection and Family 
Violence Prevention Program established under this section 
shall designate the agency or officials which shall be 
responsible--
          (1) for the investigation of reported cases of child 
        abuse and child neglect; and
          (2) for the treatment and prevention of incidents of 
        family violence; and
          (3) for the provision of immediate shelter and 
        related assistance for victims of family violence and 
        their dependents.
    (d) Program Responsibilities and Functions.--

           *       *       *       *       *       *       *

          (3) the development and implementation of a 
        multidisciplinary child abuse investigation and 
        prosecution program which may--
                  (A) coordinate child abuse prevention, 
                investigation, prosecution, treatment, and 
                counseling services[,];
                  (B) develop protocols among related agencies 
                to ensure that investigations of child abuse 
                cases, to the extent practicable, minimize the 
                trauma to the child victim[, and]; and
                  (C) provide for the coordination and 
                cooperation of law enforcement agencies, courts 
                of competent jurisdiction, and other tribal, 
                Federal, and State agencies through 
                intergovernmental or interagency agreements 
                that define and specify each party's 
                responsibilities with respect to appropriate 
                safety measures for child protection workers 
                carrying out this Act;

           *       *       *       *       *       *       *

    [(f)] (e) * * *
    [(g)] (f) * * *
    [(h)] (g) * * *
    [(i) Appropriations.--There are authorized to be 
appropriated to carry out the provisions of this section 
$30,000,000 for each of the fiscal years 1992, 1993, 1994, 
1995, 1996, and 1997.]
    (h) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section for each of fiscal years 2007 through 2011.

                          25 U.S.C. Sec. 3201


25 U.S.C. Sec. 3201. 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 a grants, contracts or 
        compacts under the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450 et seq.) that 
        are located in, or providing service to, remote areas 
        of Indian Country.
    (c) Information and Consultation.--On receipt of a request, 
for purposes of this section, the Service may provide to public 
and private medical universities, facilities, and practitioners 
described in subsection (a) any information or consultation on 
the treatment of Indian children who have, or may have, been 
subject to abuse or neglect.
    (d) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section for each of fiscal years 2007 through 2011.

                          18 U.S.C. Sec. 1153

    (a) 18 U.S.C. Sec. 1153(a). Offenses Committed Within 
Indian Country, is amended--
          (1) in subsection (a) by inserting ``felony child 
        neglect,'' after ``robbery,''.

                          18 U.S.C. Sec. 1169

    (b) 18 U.S.C. Sec. 1169. Reporting of child abuse, is 
amended--
          (1) in subsection (a)(1)--
                  (A) * * *
                  (B) teacher, school counselor, instructional 
                aide, teacher's aide, teacher's assistant, or 
                bus driver employed by or volunteering for any 
                tribal, Federal, public or private school,
                  (C) * * *
                  (D) child day care worker or volunteer, 
                headstart teacher, public assistance worker, 
                [worker in a group home] worker or volunteer in 
                a group home or residential or day care 
                facility, or social worker,
                  (E) psychiatrist, psychologist, [or 
                psychological assistant] psychological or 
                psychiatric assistant, or person employed in 
                the mental or behavioral health profession;
                  (F) licensed or unlicensed marriage, family, 
                or [child] individual counselor,
                  [(G) person employed in the mental health 
                profession or]
                  (G) foster parent; or
                  (H) [law enforcement officer, probation 
                officer] law enforcement personnel, probation 
                officer, criminal prosecutor, worker in a 
                juvenile rehabilitation or detention facility, 
                or person employed in a public agency who is 
                responsible for enforcing statutes and judicial 
                orders;
          (2) in subsection (c)--
          [(3) ``local child protective services agency'' means 
        that agency of the Federal Government, of a State, or 
        of an Indian tribe that has the primary responsibility 
        for child protection on any Indian reservation or 
        within any community in Indian Country; and]
          (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'' means that 
        Federal, tribal, or State law enforcement agency that 
        has the primary responsibility for the investigation of 
        an instance of alleged child abuse within the portion 
        of Indian Country involved.]
          (4) `local law enforcement agency' has the meaning 
        given the term in section 403 of that Act.''

           *       *       *       *       *       *       *


                                  
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