[Senate Report 110-45]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 110
110th Congress                                                   Report
                                 SENATE
 1st Session                                                     110-45

======================================================================

 
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

                                _______
                                

                 April 10, 2007.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 398]

    The Committee on Indian Affairs, to which was referred the 
bill, S. 398, to amend the Indian Child Protection and Family 
Violence Prevention Act to identify and remove barriers to 
reducing child abuse, to provide for examinations of certain 
children, and for other purposes, having considered the same, 
reports favorably thereon and recommends that the bill do pass.

                                Purpose

    The bill to amend the Indian Child Protection and Family 
Violence Prevention Act of 2007 (S. 398) 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; recognizes the role of the Attorney 
General in documenting and addressing incidents of felony child 
abuse in Indian Country; encourages coordination between the 
Indian Health Service (IHS) 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 abuse treatment grant program.

                               Background

    Public Law 101-630, the Indian Child Protection and Family 
Violence Prevention 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 incidents of child abuse in Indian Country had been 
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 for 
abusing multiple Indian children over the course of several 
years. The hearings focused on three Indian reservations where 
large numbers of children had been 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 
reports 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 (BIA), the 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. 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 jurisdictions with responsibility for responding 
to reports of abuse. Consequently, Indian tribes and the 
federal government remained unable to adequately 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 of Representatives.
    During the 109th Congress, S. 1899 was introduced to 
reauthorize the Act. On March 15, 2006, the Committee held a 
legislative hearing on S. 1899. The hearing addressed several 
key matters, including annual reports to the Congress, 
background character investigations, an amendment to the Major 
Crimes Act, and the use of telemedicine in the treatment and 
diagnosis of child abuse. S. 1899 passed the Senate, but was 
not acted on by the House of Representatives.

                           B. SENATE BILL 398

    S. 398 is intended to strengthen the Act and provide the 
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 extent of resources needed to address 
it. S. 398 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 
for agencies that respond to the effects of child abuse in 
Indian Country.

1. Annual reports to the Congress

    The Act currently requires local law enforcement 
immediately to submit reports of child abuse to the Federal 
Bureau of Investigation (FBI). 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 collected by the FBI. See the attached 
November 18, 2005, letter from the FBI. Therefore, S. 398 
amends the Act to require the FBI, in consultation with the 
Attorney General and the Secretary of the Interior to submit 
this numeric data annually to the Congress. In addition, S. 398 
amends the Act to provide that the FBI shall maintain this 
information in a manner accessible to agencies that require 
such information to carry out an official duty or to comply 
with the background check for employees pursuant to the Act.
    The bill also provides an amendment for the collection of 
other types of child abuse information beyond that currently 
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 the Department 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 such 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 submit 
to Congress. 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 consider a recommendation in the future that 
this provision be amended.

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 Act and other 
federal laws governing foster care and adoption placement. To 
avoid duplication of this effort, S. 398 would amend the Act to 
provide that an Indian tribe that conducts background checks on 
employees or potential employees (including volunteers) under 
this Act is deemed to have met the background investigation 
requirements of any other federal law requiring such 
investigation for placement purposes.

3. Use of 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. There is a level 
of training needed to appropriately diagnose and treat forms of 
child abuse, and not all physicians employed by the IHS are 
experienced in performing sexual assault examinations, 
particularly on children. However, physicians working in IHS 
and tribal facilities in Indian Country are routinely asked to 
perform such examinations and to render diagnosis and 
treatment, and there is a potential for a missed diagnosis or 
inappropriate referral for investigation and services. 
Therefore, S. 398 would amend the Act to authorize the use of 
telemedicine by experienced professionals at public and private 
medical and behavioral health facilities who specialize in the 
area of child abuse diagnosis and treatment to assist the IHS 
with diagnosis, treatment and training.
    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 may be transported hours away from their homes to reach 
the nearest physician for an examination. The bill provides 
that isolated Indian communities shall 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, tribal criminal prosecutions are limited to acts 
committed by Indians and to criminal sanctions of no more than 
one-year in custody and a $5,000 fine. The Committee is 
concerned that a whole category of crimes against children may 
be going unaddressed. Therefore, S. 398 contains an amendment 
to the Major Crimes Act to criminalize acts of child abuse and 
child neglect in Indian Country. This amendment is intended to 
close the gap that may exist in addressing the full range of 
crimes that may be inflicted on Indian children. The Committee 
encourages the federal government and the tribes to use 
multidisciplinary 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. 398 was introduced on January 25, 2007, by Senators 
Dorgan, McCain, Inouye, Thomas and Domenici, and was referred 
to the Committee on Indian Affairs. On February 8, 2007, S. 398 
was unanimously passed out of the Committee and ordered 
reported without amendment.

            Committee Recommendation and Tabulation of Vote

    On February 8, 2007, the Committee, in an open business 
session, considered S. 398. By a voice vote, the Committee 
ordered the bill reported favorably to the full Senate with the 
recommendation that the bill do pass.

                      Section-by-Section Analysis


Section 1

    Short title. Indian Child Protection and Family Violence 
Prevention Act Amendments of 2007.

Section 2

    Sec. 402. Findings and purpose.
    A new finding is added which recognizes the responsibility 
of the federal and state governments in investigating and 
prosecuting felony acts of child abuse in Indian Country. 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.
    The definition of ``local law enforcement agency'' is 
modified to include 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.). Two new definitions are added. The term ``final 
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 term ``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.

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 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' understanding of the extent of child abuse in Indian 
Country.
    This section also requires the Secretary, in consultation 
with the Secretary of the Department of Health and Human 
Services and the Attorney General and Indian 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 not 
previously been gathered or provided to the Congress and will 
assist the Congress in determining 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.
    The existing Section 405, the central registry provision, 
is repealed, based on recommendations from the Bureau of Indian 
Affairs that due process concerns and developing a mechanism 
that requires tribal implementation created substantial 
obstacles. The new section that replaces this provision 
requires a federal study and report to Congress to identify 
factors that are impeding the reduction of child abuse in 
Indian Country.

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.

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. A new provision is added 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 interviewers in the examination 
and interview processes.

Section 8

    Sec. 408. Character investigations.
    This section requires Department of the Interior and 
Department of Health and Human Services to conduct character 
investigations of individuals who work in positions, including 
voluntary positions, where they have regular contact with 
children. A new provision is added which is intended to remove 
redundancy in conducting background character investigations. 
This new provision 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, or other out-of-home placement.

Section 9

    Sec. 409. Indian child sexual abuse treatment grant 
program.
    This section reauthorizes appropriations for each FY 2008 
through 2012 at such sums as necessary.

Section 10

    Sec. 410. Indian child resource and family services 
centers.
    Section 410 is amended to establish Indian Child Resource 
and Family Services Centers within each BIA Regional Office, 
rather than Area Offices, 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 for 
each FY 2008 through 2012 at such sums as necessary.

Section 11

    Sec. 412. Use of telemedicine.
    A new Section 412 is added to authorize 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. The Service is authorized to enter into contracts or 
agreements 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 to assist 
the Service in the diagnosis and treatment of child abuse, or 
training of IHS personnel in diagnosing and treating child 
abuse. IHS would use existing telemedicine infrastructure and 
give priority to rural and isolated Service Units or medical 
facilities for these services. 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. An 
authorization of appropriations is provided for FY 2008 through 
2012 at such sums as necessary.

Section 12

    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. ``Felony child 
neglect, felony child abuse'' are added to the list of offenses 
in the Major Crimes Act (18 U.S.C. 1153(a)). Other technical 
corrections are made to this section.

                   Cost and Budgetary Considerations

    The Congressional Budget Office has calculated the cost 
estimate for S. 398 as follows:

S. 398--Indian Child Protection and Family Violence Prevention Act 
        Amendments of 2007

    Summary: S. 398 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. 398 would cost about $140 
million over the 2008-2012 period, assuming appropriation of 
the necessary amounts. Enacting the bill would not affect 
direct spending or revenues.
    S. 398 would limit the authority of states to release names 
or other information about abused children under certain 
circumstances, and it would preempt state laws governing 
background check as conducted by tribes. Those provisions would 
be intergovernmental mandates as defined in the Unfunded 
Mandates Reform Act (UMRA), but they would impose no costs on 
state, local, or tribal governments. Thus, the threshold 
established in UMRA ($66 million in 2007, adjusted annually for 
inflation) would not be exceeded.
    The bill would impose two private-sector mandates as 
defined in UMRA. S. 398 would allow local law enforcement and 
local child protective services to perform forensic 
examinations of children without parental consent and thus deny 
parents that right. Additionally, the bill would require 
certain individuals to report abuse or suspected abuse to local 
authorities. CBO estimates that any direct cost of these 
mandates would be minimal.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 398 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--
                                                                    --------------------------------------------
                                                                       2008     2009     2010     2011     2012
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Indian Child Abuse Treatment Grants:
    Estimated Authorization Level..................................       12       12       13       13       14
    Estimated Outlays..............................................        6        9       13       13       14
Indian Child Resource and Family Service Centers:
    Estimated Authorization Level..................................        6        6        6        6        7
    Estimated Outlays..............................................        5        6        6        6        7
Use of Telemedicine:
    Estimated Authorization Level..................................       23        7        7        7        8
    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..................................       43       27       28       28       31
    Estimated Outlays..............................................       22       31       29       28       30
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
398 will be enacted in 2007, that the necessary amounts will be 
provided for each year, and that spending will follow 
historical patterns for similar programs. Based on information 
from BIA and IHS, CBO estimates that implementing S. 398 would 
cost about $140 million over the 2008-2012 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 2008 through 2012 to provide grants 
to Indian tribes to treat child abuse. The grants would be 
administered by the IHS. Based on the level of spending 
previously authorized for this activity (but which has not been 
previously funded), CBO estimates that implementing the grant 
program would cost $6 million in 2008 and $55 million over the 
2008-2012 period, assuming appropriation of the necessary 
funds.

Indian child resource and family services centers

    Section 10 would authorize the appropriation or such sums 
as are necessary for fiscal years 2008 through 2012 for Indian 
Child Resource and Family Services Centers. One center would be 
established in each of the 12 BIA regions and would 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. CBO estimates that 
implementing this section would cost about $6 million a year to 
fund the professional staff recommended in the bill, assuming 
appropriation of the necessary amounts.

Use of telemedicine

    Section 11 would authorize the appropriation of such sums 
as are necessary for fiscal years 2008 through 2012 for IHS to 
use telemedicine (the transfer of medical information via 
electronic communication) to better diagnose and treat child 
abuse. Based on information from IHS, CBO estimates that 
implementing this section would cost about $9 million in 2008 
and $45 million over the 2008-2012 period for new equipment, 
staff, and training.

Other provisions

    The legislation includes provisions that would add new 
information collecting and reporting requirements to federal 
agencies that would oversee Indian child abuse under the bill. 
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. 398 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. The bill also would deem background 
checks certified and conducted by tribes as having met state 
requirements. Because these provisions place limitations on 
state authority or laws, they would be intergovernmental 
mandates as defined in UMRA. However, CBO estimates that the 
mandates would impose no costs on state, local, or tribal 
governments. Therefore, the threshold established in UMRA ($66 
million in 2007, adjusted annually for inflation) would not be 
exceeded.
    Estimated impact on the private sector: The bill would 
impose two private-sector mandates as defined in UMRA. S. 398 
would allow local law enforcement and local child protective 
services to perform forensic examinations of children without 
parental consent and thus deny parents that right. Additionally 
the bill would require certain individuals to report abuse or 
suspected abuse to local authorities CBO estimates that any 
direct cost of these mandates would be minimal.
    Estimate prepared by: Federal Costs: Daniel Hoople and Eric 
Rollins. Impact on State, Local, and Tribal Governments: Leo 
Lex. Impact on the Private Sector: Peter Richmond.
    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 has concluded 
that the regulatory and paperwork impacts of S. 398 should be 
de minimis.

                        Executive Communications

    In the 109th Congress, Chairman McCain and Vice Chairman 
Dorgan 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 agency's 
implementation of the law. A copy of each letter and the 
respective agency response is attached.
                                       U.S. Senate,
                               Committee on Indian Affairs,
                                Washington, DC, September 21, 2005.
Re Reauthorization of The Indian Child Protection and Family Violence 
        Protection Act, Public Law 101-630

Director Robert S. Mueller III,
Federal Bureau of Investigation,
Pennsylvania Avenue, NW., Washington, DC.
    Dear Director Mueller: The Federal Bureau of Investigation 
is authorized by statute to investigate Major Crimes that occur 
in Indian Country, including crimes against children. In 1993, 
The Indian Child Protection and Family Violence Prevention Act 
(``the Act'') was enacted after the disclosure of multiple 
instances of Indian child sexual abuse that were perpetrated by 
Indian school employees in Indian Country over a number of 
years. Among other requirements, the Act mandated reports of 
child abuse in Indian Country, sought to track the extent of 
child abuse, and reduce incidents of child abuse there.
    The Act is now due to be reauthorized. To determine whether 
the existing law is meeting its intended purpose, the Committee 
requests information from your agency:
    Section 404 of the Act requires all local law enforcement 
agencies in Indian Country to report allegations of child 
abuse, involving an Indian child and an Indian perpetrator, to 
the Federal Bureau of Investigation:
    1. Does the FBI routinely receive reports of Indian child 
abuse in Indian Country by local law enforcement agencies? If 
not, please identify the obstacles affecting their ability to 
do so or the ability of the FBI to gather that information;
    2. Upon receiving reports of Indian child abuse, how are 
these reports documented within the FBI;
    3. How many reports of Indian child abuse has the FBI 
received in the last 3 years;
    4. What does the FBI do with these reports, and
    5. What, if any, new trends or obstacles has the FBI 
encountered in investigating crimes against children in Indian 
Country.
    Finally, please share with the Committee any 
recommendations that you have for improving the Act and for 
addressing crimes against children in Indian Country.
    Thank you for your immediate attention to this matter.
            Sincerely,
                                   John McCain,
                                           Chairman, Committee on 
                                               Indian Affairs.
                                   Byron L. Dorgan,
                                           Committee on Indian Affairs.
                                ------                                

                             Department of Justice,
                           Federal Bureau of Investigation,
                                 Washington, DC, November 18, 2005.
Hon. John McCain,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: Thank you for your September 21, 2005, 
letter. I appreciate the opportunity to provide you the 
following information in response to your request regarding the 
reauthorization of The Indian Child Protection and Family 
Violence Protection Act.
    1. Does the FBI routinely receive reports of Indian child 
abuse in Indian Country by local law enforcement agencies? If 
not, please identify the obstacles affecting their ability to 
do so or the ability of the FBI to gather that information.
    The FBI routinely receives reports of Indian child abuse 
from various local law enforcement agencies in Indian Country, 
including the Bureau of Indian Affairs, Office of Law 
Enforcement Services (BIA-OLES). Additionally, the FBI receives 
referrals of allegations of Indian child abuse from other 
public service entities such as schools, medical professionals 
and child protective service organizations. Some of these 
referrals are the direct result of FBI participation on Multi-
Disciplinary Teams (MDT) or Child Protection Teams (CPT) in 
Indian communities.
    There may be instances where child abuse complaints are 
received and investigated by other law enforcement agencies in 
Indian Country and the FBI is not made immediately aware of 
those allegations.
    2. Upon receiving reports of Indian child abuse, how are 
these reports documented within the FBI?
    Allegations of child abuse are documented in FBI 
investigative files if an investigation is initiated. In cases 
where the FBI refers the allegations to either tribal law 
enforcement or BIA-OLES, the allegation may be documented in a 
complaint form or other communication.
    3. How many reports of Indian child abuse has the FBI 
received in the last 3 years?
    The number of Indian child abuse allegations received by 
the FBI in the last 3 years can be determined by the number of 
investigations conducted by the FBI in the Sexual Abuse of 
Child or Physical Abuse of a Child investigative 
classifications and by the number of allegations documented in 
a format other than an investigative file. During the period 
covering fiscal years 2003 through 2005, the FBI initiated 
1,596 investigations in matters involving Indian child abuse. 
This represents 30% of all FBI investigations in Indian Country 
during that period.
    Child abuse allegations received by the FBI and documented 
in a format other than an investigative file represent child 
abuse reports with various dispositions, including 
unsubstantiated reports, referral to other investigative 
agencies, or immediate declinations of prosecution. During the 
period covering fiscal years 2003 through 2005, the FBI 
documented 1,451 reports of matters involving Indian child 
abuse. Two FBI field divisions in South Dakota and Arizona 
participate on extensive MDT projects that essentially result 
in the FBI field divisions documenting nearly all reports of 
child abuse that are collectively received by all participating 
agencies on the MDT. Accordingly, 1,005 of those reports were 
documented by the Minneapolis and Phoenix FBI field divisions.
    4. What does the FBI do with these reports?
    In nearly all cases of Indian child abuse reports received 
by FBI field divisions, investigations are conducted either by 
FBI Indian Country agents or task force members working with 
the FBI on Indian Country Safe Trails Task Forces (STTF). In 
circumstances, where the severity of the abuse is determined to 
be less serious, the allegations may be referred to tribal or 
BIA-OLES personnel for investigation and presentation to tribal 
courts as deemed necessary.
    5. What, if any, new trends or obstacles has the FBI 
encountered in investigating crimes against children in Indian 
Country?
    The FBI faces many unique, challenging obstacles in 
investigating crimes against children in Indian Country. These 
investigations often require significant commitments of 
investigative manpower in remote areas. This frequently means 
investigators must travel substantial distances and are without 
ready access to the technical expertise which is essential to 
their investigations. These investigations usually require 
substantial, specialized and expensive techniques, such as 
forensic interviewing of victims, serology/DNA and autopsy 
examinations, and polygraph examinations. Indian Country 
investigations are also hampered by the reluctance of witnesses 
to cooperate, due to close family structures in most tribal 
communities and cultural sensitivities in tribal relations.
    6. Finally, please share with the Committee any 
recommendations that you have for improving the Act and for 
addressing crimes against children in Indian Country.
    Indian Country law enforcement is hampered by a lack of 
standardized crime reporting for crimes in Indian Country. The 
standardization of crime reporting would be of invaluable 
assistance to the FBI and the BIA-OLES in identifying, tracking 
and analyzing crimes and crime trends.
    If I can be of further assistance to you regarding this 
matter, please do not hesitate to contact me.
            Sincerely yours,
                                     Chris Swecker,
                                        Assistant Director,
                                   Criminal Investigative Division.
                                ------                                

                                       U.S. Senate,
                               Committee on Indian Affairs,
                                Washington, DC, September 21, 2005.
Re Reauthorization of The Indian Child Protection and Family Violence 
        Protection Act, Public Law 101-630
Secretary Michael O. Leavitt,
U.S. Department of Health and Human Services,
Office of the Secretary, Washington, DC.
    Dear Secretary Leavitt: In 1993, The Indian Child 
Protection and Family Violence Prevention Act (``the Act'') was 
enacted after it was disclosed that multiple instances of 
Indian child sexual abuse were perpetrated by Indian school 
employees (including federal employees) in Indian Country over 
a number of years. The primary goals of the Act are to reduce 
the incidents of child abuse, mandate reports of child abuse in 
Indian Country, and to track the extent of child abuse there. 
The Act is due to be reauthorized. To determine whether the law 
is meeting its intended purpose, we request the following 
information.
    Section 405 required the Department, in consultation with 
the Department of the Interior, to conduct a study on the 
feasibility of establishing a Central Registry to document 
reports of Indian child abuse in Indian Country. Please provide 
the Committee with any updated information regarding the study 
or the implementation of the Central Registry.
    Section 408 of the Act requires the Department to conduct 
background character investigations on individuals who seek 
employment in positions where they would have access to 
children. It further mandates that Indian tribes that receive 
Indian Self-Determination and Education Assistance Act or 
Tribally Controlled School Act funding do the same.
    1. How has the Department complied with Section 408;
    2. How does the Department determine whether the required 
Indian tribes that contract services from the Department comply 
with Section 408, and
    3. Does the Department believe that Section 408 has met its 
intended purpose in keeping children safe?
    Section 409 provides that the Department, acting through 
the Department of the Interior, shall establish an Indian Child 
Abuse Treatment Grant program to establish child abuse 
treatment programs. Please provide the Committee with a status 
report on this grant program. In addition, please provide the 
Committee with a list of additional resources that are 
available through the Department to Indian tribes to treat 
victims of child abuse.
    In addition, please provide the Committee with the 
Department's policies or protocols, specifically relating to 
the Indian Health Service, for sharing health related 
information with tribal, state, and federal law enforcement 
agencies who need to know such information in the course of 
investigating instances of child abuse.
    Finally, please share with the Committee any 
recommendations that you have for improving the Act and for 
addressing crimes against children in Indian Country.
    Thank you for your immediate attention to this matter.
            Sincerely,
                                   John McCain,
                                           Chairman, Committee on 
                                               Indian Affairs.
                                   Byron L. Dorgan,
                                           Vice Chairman, Committee on 
                                               Indian Affairs.
                                ------                                

        Department of Health & Human Services,
                                   Rockville, MD, February 1, 2006.
Hon. John McCain,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Chairman McCain: Secretary Michael Leavitt asked me to 
thank you for your September 21, 2005, letter and to respond to 
you directly regarding your request for information on the 
Department of Health and Human Services' (HHS) role in 
implementing the Indian Child Protection and Family Violence 
Prevention Act (the Act).
    Section 405 of the Act authorizes the Secretary of the 
Interior (DOI), in consultation with the Secretary of HHS and 
the Attorney General, to prepare a study on the feasibility of 
establishing a Central Registry. The DOI consulted with the HHS 
and the Attorney General in 1990 and determined that the 
establishment of a Central Registry was not feasible due to 
privacy and legal concerns.
    In regard to your question about Section 408, on September 
23, 2002, the HHS published an Interim Final Rule implementing 
Section 408 of the Act, as amended by section 814 of the Native 
American Laws Technical Corrections Act of 2000. The 
regulations establish minimum standards of character for all 
positions in the Indian Health Service (IHS) where duties and 
responsibilities involve regular contact with children. All 
Indian Tribes or Tribal organizations receiving funds under the 
authority of the Indian Self-Determination and Education 
Assistance Act, as amended, must employ only individuals who 
meet standards of character no less stringent than those 
established by these regulations. These standards are met only 
after individuals in these positions (including volunteers and 
contractors), or individuals who are applying for these 
positions, have been the subject of a satisfactory background 
check. I believe the regulations implementing Section 408 
ensure the safety of children. Audits conducted in November 
2004 and June 2005 indicated there sometimes were lapses 
between the time an individual was identified as an employee 
and the completion of the background check. This has been 
addressed by requiring new employees to perform their duties 
``in the line of sight'' of an experienced staff member until 
the clearance process has been completed.
    With the establishment of Section 409, the Indian Child 
Abuse Treatment Grant Program, the IHS is working independently 
as well as collaboratively with other Federal agencies to 
provide training materials and to ensure the quality and 
character of the IHS staff providing services to our American 
Indian and Alaska Native (AI/AN) children and families. Some of 
the resources available through the Department to Tribes to 
treat victims of child abuse include programs such as the 
Indian Child Protection and Child Abuse Prevention 
Demonstration Projects for Mental Health/Social Services for 
AI/ANs. The following demonstration programs provide additional 
resources: ``Pueblo of Isleta,'' ``Little Traverse Bay Band of 
Odawa Grandmother's Wisdom Program,'' ``Southern California 
Indian Center, Inc.,'' ``Indian Health Care Resource Center of 
Tulsa, Inc.,'' ``Confederated Tribes of Siletz Indians,'' and 
``The University of Oklahoma's Project Making Medicine.''
    Attached please find information on the policies and 
protocols that have been shared with Tribal, State, and Federal 
law enforcement agencies for the purpose of investigating 
instances of abuse. We continue to explore new collaborations 
with other Federal agencies that will translate into action 
with Indian Country.
    I trust this information is helpful. Thank you for your 
continued interest in and concern for the health and well-being 
of the AI/AN people. A similar letter is being sent to Senator 
Byron Dorgan.
            Sincerely yours,
                                           Charles W. Grim,
                               Assistant Surgeon General, Director.
    Attachment.

POLICIES AND PROTOCOLS SHARED BY THE INDIAN HEALTH SERVICE WITH TRIBAL, 
              STATE, AND FEDERAL LAW ENFORCEMENT AGENCIES

    The following policies and protocols have been shared with 
Tribal, State, and Federal law enforcement agencies for the 
purposes of investigating instances of abuse:
     The IHS has funded the development of a child 
protection manual through the University of Oklahoma's Health 
Sciences Center.
     The IHS has entered into an inter-agency agreement 
with the Department of Justice's Office of Victims of Crime to 
train IHS direct care staff in the application of forensic and 
telemedicine equipment in child sexual abuse cases.
     The IHS has developed the ``Mental Health and 
Community Safety Initiative (MH&CSI) for AI/AN Children, Youth 
and Families'' to develop innovative strategies that focus on 
community safety needs. ``Project Making Medicine,'' a ``train-
to-trainer'' model, provides awareness and intervention 
training for Tribal communities as well as a child abuse and 
neglect resource manual.
     Finally, an interagency agreement with the 
Substance Abuse and Mental Health Services Administration 
(SAMHSA) provides 16 Tribal cooperation demonstration projects 
from the MH&CSI. These projects deliver mental health services 
to Indian children who are at risk of becoming involved with 
the local justice system due to mental and behavioral health 
problems.
                                ------                                

                                       U.S. Senate,
                               Committee on Indian Affairs,
                                Washington, DC, September 21, 2005.
Secretary Gale A. Norton,
Re Reauthorization of The Indian Child Protection and Family Violence 
        Protection Act, Public Law 101-630
U.S. Department of the Interior,
Office of the Secretary, Washington, DC.
    Dear Secretary Norton: In 1993, The Indian Child Protection 
and Family Violence Prevention Act (``the Act'') was enacted 
after it was disclosed that multiple instances of Indian child 
sexual abuse were perpetrated by Indian school employees 
(including federal employees) in Indian Country over a number 
of years. The primary goals of the Act are to reduce the 
incidents of child abuse, mandate reports of child abuse in 
Indian Country, and to track the extent of child abuse there. 
The Act is due to be reauthorized. To determine whether the law 
is meeting its intended purpose, we request the following 
information:
    Section 404 of the Act requires all local law enforcement 
agencies in Indian Country to report allegations of child 
abuse, involving an Indian child and an Indian perpetrator, to 
the Federal Bureau of Investigation:
    1. Does the Bureau of Indian Affairs Office of Law 
Enforcement Services routinely receive reports of Indian child 
abuse in Indian Country by local law enforcement agencies, 
including those agencies operating under Indian Self-
Determination and Education Assistance Act contracts? If not, 
please identify the obstacles impeding their ability to do so;
    2. Upon receiving reports of Indian child abuse, are these 
reports provided to the Federal Bureau of Investigation? If 
not, please explain why;
    3. How many reports of Indian child abuse has the BIA 
Office of Law Enforcement Services responded to in the last 3 
years;
    4. What, if any, new trends or obstacles has the BIA 
encountered in investigating crimes against children in Indian 
Country.
    Section 408 of the Act requires the Department of the 
Interior to conduct background character investigations on 
individuals who seek employment in positions where they would 
have access to children. It further mandates that Indian tribes 
that receive Indian Self-Determination and Education Assistance 
Act or Tribally Controlled School Act funding do the same.
    1. How has the Department complied with Section 408;
    2. How does the Department determine whether the required 
Indian tribes comply with Section 408, and
    3. Does the Department believe that Section 408 has met its 
intended purpose in keeping children safe?
    Section 405 required the Department, in consultation with 
the Department of Health and Human Services, to conduct a study 
on the feasibility of establishing a Central Registry to 
document reports of Indian child abuse in Indian Country. 
Please provide the Committee with any updated information 
regarding the study or implementation of the Central Registry.
    Section 409 provides that the Department of Health and 
Human Services, acting through the Department of the Interior, 
shall establish an Indian Child Abuse Treatment Grant program 
to establish child abuse treatment programs. Please provide the 
Committee with a status report on this grant program.
    Finally, please share with the Committee any 
recommendations that you have for improving the Act and for 
addressing crimes against children in Indian Country.
    Thank you for your immediate attention to this matter.
            Sincerely,
                                   John McCain,
                                           Chairman, Committee on 
                                               Indian Affairs.
                                   Byron L. Dorgan,
                                           Vice Chairman, Committee on 
                                               Indian Affairs.
                   U.S. Department of the Interior,
                                  Bureau of Indian Affairs,
                                  Washington, DC, October 27, 2005.
Hon. John McCain,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: Thank you for your September 21, 2005, 
letter to Secretary of the Interior Gale A. Norton regarding 
the reauthorization of the Indian Child Protection and Family 
Violence Protection Act, Public Law 101-630 (the Act). The 
Secretary has asked me to respond to your inquiry.
    Pursuant to Section 404 of the Act, all law enforcement 
agencies in Indian country report allegations of child abuse 
involving an Indian child and an Indian perpetrator to the 
Federal Bureau of Investigation (FBI). The Bureau of Indian 
Affairs (BIA) Office of Law Enforcement Services (OLES) 
routinely receives reports of Indian child abuse from local law 
enforcement agencies within Indian country, including tribally 
contracted and compacted programs. These reports are provided 
to the local FBI field office and the United States Attorney's 
Office. The BIA OLES has responded to 2,593 Indian child abuse 
calls in the last three years. This figure is limited to BIA 
managed programs. The BIA OLES, tribal police, and the FBI are 
committed to working together to coordinate their 
responsibilities in reporting child abuse cases.
    Pursuant to Section 408 of the Act, the Office of Indian 
Education Programs (OIEP) within the BIA requires that 
screening be conducted for each individual who is employed in 
or being considered for employment within its jurisdiction for 
a position having contact with or control over Indian children. 
It is the policy of OIEP that the initiation of a background 
investigation include an Advanced FBI Fingerprint check. The 
BIA further requires that all Indian tribal governments or 
their entities operating Bureau-funded schools sign within 
their grant or contract award documents Statements of Assurance 
to comply with Section 408 requirements. These contracts and 
compacts are monitored by the BIA OLES and compliance with 
local law enforcement reporting requirements is ensured.
    The BIA OLES believes that Section 408 has only partially 
met is intended purpose. Record checks have been limited to 
submissions of fingerprints to the FBI. The FBI only maintains 
records that are forwarded to them by local agencies or cases 
they investigate. Tribal convictions are not included in a 
basic criminal records check. There are also instances where 
crimes that result in a plea bargain may result in contact with 
children when the actual conviction of the crime would present 
such interaction.
    In a more positive light, each school sends its reports 
directly to local law enforcement. The OIEP Security Office 
keeps track of the number of Suspected Child Abuse/Neglect 
(SCAN) reports. Once an incident is reported at the local 
school level, an investigative team designated by a OIEP line 
officer conducts the investigation of the incident. The OIEP 
Security Office conducts annual training for these teams and 
partners with OLES and also provides information on what to 
look for when investigating an incident.
    Contrary to the provisions of Section 405 of the Act, a 
Central Registry has not been established. A feasibility study 
for this registry was completed in 1994. The study concluded 
that the main obstacles to implementing the Central Registry 
were overcoming due process concerns and developing a mechanism 
that would require tribal implementation. To date, these 
obstacles remain a challenge. A federal study to identify 
factors that are impeding the reduction of child abuse in 
Indian country would fulfill the intent of Section 405, as the 
legal and other obstacles to implementation of the Central 
Registry may never be overcome.
    The Department of Health and Human Services has not 
established an Indian Child Abuse Treatment Grant Program. For 
more information on the implementation of this grant program, 
you may contact Michael Mahsetky, Director of Congressional and 
Legislative Affairs, Indian Health Service, at 301-443-7261.
    Thank you for bringing this important matter to our 
attention. We appreciate your continued interest in Indian 
country law enforcement. We have sent an identical letter to 
Senator Byron L. Dorgan, Vice Chairman, Committee on Indian 
Affairs.
            Sincerely,
                                             W.P. Ragsdale,
                                Director, Bureau of Indian Affairs.

                        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. 398, 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 valid;
          [(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 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 
                Investigations, 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 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).

           *       *       *       *       *       *       *

    (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.

                          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.--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.

                          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 of children 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 and 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 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.

                          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 positions, 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 
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.

                          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 2008 through 2012.

                          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 2008 through 2012.

                          25 U.S.C. Sec. 3201


25 U.S.C. Sec. 3201. 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.

                          18 U.S.C. Sec. 1153

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

                          18 U.S.C. Sec. 1169

    (b) 18 U.S.C. Sec. 1169. Reporting of child abuse, in 
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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