II 

109TH CONGRESS 

1ST SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 20, 2005 

Mr. MCCAIN (for himself, Mr. DORGAN, Mr. CRAPO, and Mr. INOUYE) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To amend the Indian Child Protection and Family Violence 

Prevention Act to identify and remove barriers to reducing child abuse, to provide for examinations of certain 

children, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Indian Child Protec5 tion and Family Violence Prevention Act Amendments of 

6 2005’’. 
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1 SEC. 2. FINDINGS AND PURPOSE. 

2 Section 402 of the Indian Child Protection and Fam3 ily Violence Prevention Act (25 U.S.C. 3201) is amend4 ed— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1)— 

7 (i) by redesignating subparagraphs 

8 (E) and (F) as subparagraphs (F) and 

9 (G), respectively; and 

10 (ii) by inserting after subparagraph 

11 (D) the following: 

12 ‘‘(E) the Federal Government and certain 

13 State governments are responsible for inves14 tigating and prosecuting certain felony crimes, 

15 including child abuse, in Indian country, pursu16 ant to chapter 53 of title 18, United States 

17 Code;’’; and 

18 (B) in paragraph (2)— 

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘two’’ and inserting 

21 ‘‘the’’; 

22 (ii) in subparagraph (A), by striking 

23 ‘‘and’’ at the end; 

24 (iii) in subparagraph (B), by striking 

25 the period at the end and inserting ‘‘; 

26 and’’; and 
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1 (iv) by adding at the end the fol2 lowing: 

3 ‘‘(C) identify and remove any impediment 

4 to the immediate investigation of incidents of 

5 child abuse in Indian country.’’; and 

6 (2) in subsection (b)— 

7 (A) by striking paragraph (3) and insert8 ing the following: 

9 ‘‘(3) provide for a background investigation for 

10 any employee that has access to children;’’; and 

11 (B) in paragraph (6), by striking ‘‘Area 

12 Office’’ and inserting ‘‘Regional Office’’. 

13 SEC. 3. DEFINITIONS. 

14 Section 403 of the Indian Child Protection and Fam15 ily Violence Prevention Act (25 U.S.C. 3202) is amend16 ed— 

17 (1) by striking paragraph (14); 

18 (2) by redesignating paragraphs (5) through 

19 (13) as paragraphs (6) through (14), respectively; 

20 (3) by inserting after paragraph (4) the fol21 lowing: 

22 ‘‘(5) ‘conviction’, with respect to an offense, 

23 means a final judgment of guilty through a verdict 

24 by a judge or jury or a plea of guilty or no contest, 

25 but does not include any final judgment that has 
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1 been expunged by pardon, reversed, set aside, or 

2 otherwise voided;’’; 

3 (4) in paragraph (13) (as redesignated by para4 graph (2)), by striking ‘‘that agency’’ and all that 

5 follows through ‘‘Indian tribe’’ and inserting ‘‘the 

6 Federal, State, or tribal agency’’; 

7 (5) in paragraph (14) (as redesignated by para8 graph (2)), by inserting ‘‘(including a tribal law en9 forcement agency operating pursuant to a grant, 

10 contract, or compact under the Indian Self-Deter11 mination and Education Assistance Act (25 U.S.C. 

12 450 et seq.))’’ after ‘‘State law enforcement agen13 cy’’; 

14 (6) in paragraph (17), by striking ‘‘and’’ at the 

15 end; 

16 (7) in paragraph (18), by striking the period at 

17 the end and inserting ‘‘; and’’; and 

18 (8) by adding at the end the following: 

19 ‘‘(19) ‘telemedicine’ means a telecommuni20 cations link to an end user through the use of eligi21 ble equipment that electronically links health profes22 sionals or patients and health professionals at sepa23 rate sites in order to exchange health care informa24 tion in audio, video, graphic, or other format for the 
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1 purpose of providing improved health care diagnosis 

2 and treatment.’’. 

3 SEC. 4. REPORTING PROCEDURES. 

4 Section 404 of the Indian Child Protection and Fam5 ily Violence Prevention Act (25 U.S.C. 3203) is amend6 ed— 

7 (1) in subsection (c)— 

8 (A) in paragraph (1), by striking ‘‘(1) 

9 Within’’ and inserting the following: 

10 ‘‘(1) IN GENERAL.—Not later than’’; and 

11 (B) in paragraph (2)— 

12 (i) by striking ‘‘(2)(A) Any’’ and in13 serting the following: 

14 ‘‘(2) INVESTIGATION OF REPORTS.— 

15 ‘‘(A) IN GENERAL.—Any’’; 

16 (ii) in subparagraph (B)— 

17 (I) by striking ‘‘(B) Upon’’ and 

18 inserting the following: 

19 ‘‘(B) FINAL WRITTEN REPORT.—On’’; and 

20 (II) by inserting ‘‘including any 

21 Federal, State, or tribal conviction re22 sulting from the allegation’’ before the 

23 period at the end; and 

24 (iii) by adding at the end the fol25 lowing: 
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1 ‘‘(C) MAINTENANCE OF FINAL REPORTS.— 

2 The Federal Bureau of Investigation shall 

3 maintain a record of each written report sub4 mitted under subsection (b) in a manner in 

5 which the report is accessible to— 

6 ‘‘(i) a local law enforcement agency 

7 that requires the information to carry out 

8 an official duty; and 

9 ‘‘(ii) any agency requesting the infor10 mation under section 408. 

11 ‘‘(D) COLLECTION OF DATA.—Not less fre12 quently than once each year, the Secretary, in 

13 consultation with the Attorney General and any 

14 appropriate Indian tribe, shall collect any infor15 mation not otherwise reported under subsection 

16 (b), including information relating to, during 

17 the preceding calendar year— 

18 ‘‘(i) the number of child abuse allega19 tions and investigations in Indian country; 

20 ‘‘(ii) the number of child abuse pros21 ecutions declined or deferred in Indian 

22 country; and 

23 ‘‘(iii) the number of acquittals of 

24 charges of child abuse in Indian country.’’; 

25 and 
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1 (2) by adding at the end the following: 

2 ‘‘(e) CONFIDENTIALITY OF CHILDREN.—No local law 

3 enforcement agency or local child protective services agen4 cy shall disclose the name of or information concerning 

5 the child to anyone other than any person who, by reason 

6 of their participation in the treatment of the child, the 

7 investigation, or the adjudication of the allegation, needs 

8 to know the information in the performance of the duties 

9 of the individual. 

10 ‘‘(f) REPORT TO CONGRESS.—Not later than 1 year 

11 after the date of enactment of this subsection, and annu12 ally thereafter, the Director of the Federal Bureau of In13 vestigation, in coordination with the Secretary and the At14 torney General, shall submit to the Committees on Indian 

15 Affairs and the Judiciary of the Senate, and the Commit16 tees on Resources and the Judiciary of the House of Rep17 resentatives, a report on child abuse in Indian country 

18 during the preceding year.’’. 

19 SEC. 5. REMOVAL OF IMPEDIMENTS TO REDUCING CHILD 

20 ABUSE. 

21 Section 405 of the Indian Child Protection and Fam22 ily Violence Prevention Act (25 U.S.C. 3204) is amended 

23 to read as follows: 
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1 ‘‘SEC. 405. REMOVAL OF IMPEDIMENTS TO REDUCING 

2 CHILD ABUSE. 

3 ‘‘(a) STUDY.—The Secretary, in consultation with 

4 the Attorney General and the Service, shall conduct a 

5 study under which the Secretary shall identify any impedi6 ment to the reduction of child abuse in Indian country 

7 and on Indian reservations. 

8 ‘‘(b) INCLUSIONS.—The study under subsection (a) 

9 shall include a description of— 

10 ‘‘(1) any impediment to reporting child abuse in 

11 Indian country and on Indian reservations; 

12 ‘‘(2) any impediment to, or advance in, Federal, 

13 State, and tribal investigations and prosecutions of 

14 allegations of child abuse in Indian country and on 

15 Indian reservations; and 

16 ‘‘(3) any impediment to, or advance in, the 

17 treatment of child abuse in Indian country and on 

18 Indian reservations. 

19 ‘‘(c) REPORT.—Not later than 18 months after the 

20 date of enactment of the Indian Child Protection and 

21 Family Violence Prevention Act Amendments of 2005, the 

22 Secretary shall submit to the Committees on Indian Af23 fairs and the Judiciary of the Senate, and the Committees 

24 on Resources and the Judiciary of the House of Rep25 resentatives, a report describing— 
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1 ‘‘(1) the findings of the study under this sec2 tion; and 

3 ‘‘(2) recommendations for legislative actions to 

4 reduce instances of child abuse in Indian country 

5 and on Indian reservations, if any.’’. 

6 SEC. 6. CONFIDENTIALITY. 

7 Section 406 of the Indian Child Protection and Fam8 ily Violence Prevention Act (25 U.S.C. 3205) is amended 

9 to read as follows: 

10 ‘‘SEC. 406. CONFIDENTIALITY. 

11 ‘‘Any Federal, State, or tribal government agency 

12 that treats or investigates incidents of child abuse may 

13 provide information and records to an officer of any other 

14 Federal, State, or tribal government agency that requires 

15 the information to carry out the duties of the officer, in 

16 accordance with section 552a of title 5, United States 

17 Code, section 361 of the Public Health Service Act (42 

18 U.S.C. 264), the Family Educational Rights and Privacy 

19 Act of 1974 (20 U.S.C. 1232g), part C of title XI of the 

20 Social Security Act (42 U.S.C. 1320d et seq.), and other 

21 applicable Federal law.’’. 

22 SEC. 7. WAIVER OF PARENTAL CONSENT. 

23 Section 407 of the Indian Child Protection and Fam24 ily Violence Prevention Act (25 U.S.C. 3206) is amend25 ed— 
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1 (1) in subsection (a), by inserting ‘‘or forensic’’ 

2 after ‘‘psychological’’; and 

3 (2) in subsection (c), by striking ‘‘advise’’ and 

4 inserting ‘‘advice’’. 

5 SEC. 8. CHARACTER INVESTIGATIONS. 

6 Section 408(b) of the Indian Child Protection and 

7 Family Violence Prevention Act (25 U.S.C. 3207(b)) is 

8 amended by striking ‘‘guilty to’’ and all that follows and 

9 inserting the following: ‘‘guilty to, any offense under Fed10 eral, State, or tribal law involving— 

11 ‘‘(1) a crime of violence; 

12 ‘‘(2) sexual assault; 

13 ‘‘(3) child abuse; 

14 ‘‘(4) exploitation; or 

15 ‘‘(5) sexual contact or prostitution.’’. 

16 SEC. 9. INDIAN CHILD ABUSE TREATMENT GRANT PRO17 GRAM. 

18 Section 409 of the Indian Child Protection and Fam19 ily Violence Prevention Act (25 U.S.C. 3208) is amended 

20 by striking subsection (e) and inserting the following: 

21 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated such sums as are nec23 essary to carry out this section for each of fiscal years 

24 2006 through 2010.’’. 
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1 SEC. 10. INDIAN CHILD RESOURCE AND FAMILY SERVICES 

2 CENTERS. 

3 Section 410 of the Indian Child Protection and Fam4 ily Violence Prevention Act (25 U.S.C. 3209) is amend5 ed— 

6 (1) in subsection (a), by striking ‘‘area office’’ 

7 and inserting ‘‘Regional Office’’; 

8 (2) in subsection (b), by striking ‘‘The Sec9 retary’’ and all that follows through ‘‘Human Serv10 ices’’ and inserting ‘‘The Secretary, the Secretary of 

11 Health and Human Services, and the Attorney Gen12 eral’’; 

13 (3) in subsection (d)— 

14 (A) in paragraph (4), by inserting ‘‘, 

15 State,’’ after ‘‘Federal’’; and 

16 (B) in paragraph (5), by striking ‘‘agency 

17 office’’ and inserting ‘‘Regional Office’’; 

18 (4) in subsection (e)— 

19 (A) in paragraphs (1) and (2), by striking 

20 the commas at the ends of the paragraphs and 

21 inserting semicolons; 

22 (B) by striking paragraph (3) and insert23 ing the following: 

24 ‘‘(3) adolescent mental and behavioral health 

25 (including suicide prevention and treatment);’’; 
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1 (C) in paragraph (4), by striking the pe2 riod at the end and inserting a semicolon; and 

3 (D) by adding at the end the following: 

4 ‘‘(5) criminal prosecution; and 

5 ‘‘(6) medicine.’’; 

6 (5) in subsection (f)— 

7 (A) in the first sentence, by striking ‘‘The 

8 Secretary’’ and all that follows through 

9 ‘‘Human Services’’ and inserting the following: 

10 ‘‘(1) ESTABLISHMENT.—The Secretary, in con11 sultation with the Service and the Attorney Gen12 eral’’; 

13 (B) in the second sentence— 

14 (i) by striking ‘‘Each’’ and inserting 

15 the following 

16 ‘‘(2) MEMBERSHIP.—Each’’; and 

17 (ii) by striking ‘‘shall consist of 7 

18 members’’ and inserting ‘‘shall be’’; 

19 (C) in the third sentence, by striking 

20 ‘‘Members’’ and inserting the following: 

21 ‘‘(3) COMPENSATION.—Members’’; and 

22 (D) in the fourth sentence, by striking 

23 ‘‘The advisory’’ and inserting the following: 

24 ‘‘(4) DUTIES.—Each advisory’’; 

25 (6) in subsection (g)— 
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1 (A) in the first sentence— 

2 (i) by striking ‘‘Indian Child’’ and in3 serting the following: 

4 ‘‘(1) IN GENERAL.—Indian Child’’; and 

5 (ii) by adding before the period at the 

6 end the following: ‘‘(25 U.S.C. 450 et 

7 seq.)’’; 

8 (B) by striking the second sentence and in9 serting the following: 

10 ‘‘(2) CERTAIN REGIONAL OFFICES.— 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraph (B), if a Center is located in a 

13 Regional Office of the Bureau that serves more 

14 than 1 Indian tribe, an application to enter into 

15 a grant, contract, or compact under the Indian 

16 Self-Determination and Education Assistance 

17 Act (25 U.S.C. 450 et seq.) to operate the Cen18 ter shall contain a consent form signed by an 

19 official of each Indian tribe to be served under 

20 the grant, contract, or compact. 

21 ‘‘(B) ALASKA REGION.—Notwithstanding 

22 subparagraph (A), for Centers located in the 

23 Alaska Region, an application to enter into a 

24 grant, contract, or compact described in that 

25 subparagraph shall contain a consent form 
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1 signed by an official of each Indian tribe or 

2 tribal consortium that is a member of a grant, 

3 contract, or compact relating to an Indian child 

4 protection and family violence prevention pro5 gram under the Indian Self-Determination and 

6 Education Assistance Act (25 U.S.C. 450 et 

7 seq.).’’; and 

8 (C) in the third sentence, by striking ‘‘This 

9 section’’ and inserting the following: 

10 ‘‘(3) EFFECT OF SECTION.—This section’’; and 

11 (7) by striking subsection (h) and inserting the 

12 following: 

13 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated such sums as are nec15 essary to carry out this section for each of fiscal years 

16 2006 through 2010.’’. 

17 SEC. 11. INDIAN CHILD PROTECTION AND FAMILY VIO18 LENCE PREVENTION PROGRAM. 

19 Section 411 of the Indian Child Protection and Fam20 ily Violence Prevention Act (25 U.S.C. 3210) is amend21 ed— 

22 (1) in subsection (c), by striking the subsection 

23 heading and inserting ‘‘COORDINATING INVESTIGA24 TION, TREATMENT, AND PREVENTION OF CHILD

25 ABUSE AND FAMILY VIOLENCE’’; 
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1 (2) by redesignating subsections (f) through (i) 

2 as subsections (e) through (h), respectively; and 

3 (3) by striking subsection (h) (as redesignated 

4 by paragraph (2)) and inserting the following: 

5 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as are nec7 essary to carry out this section for each of fiscal years 

8 2006 through 2010.’’. 

9 SEC. 12. USE OF TELEMEDICINE. 

10 The Indian Child Protection and Family Violence 

11 Prevention Act (25 U.S.C. 3201 et seq.) is amended by 

12 adding at the end the following: 

13 ‘‘SEC. 412. USE OF TELEMEDICINE. 

14 ‘‘(a) CONTRACTS AND AGREEMENTS.—The Service is 

15 authorized to enter into any contract or agreement for the 

16 use of telemedicine with a public or private medical univer17 sity or facility, or any private practitioner, with experience 

18 relating to pediatrics, including the diagnosis and treat19 ment of child abuse, to assist the Service with respect to— 

20 ‘‘(1) the diagnosis and treatment of child abuse; 

21 or 

22 ‘‘(2) methods of training Service personnel in 

23 diagnosing and treating child abuse. 
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1 ‘‘(b) ADMINISTRATION.—In carrying out subsection 

2 (a), the Service shall, to the maximum extent prac3 ticable— 

4 ‘‘(1) use existing telemedicine infrastructure; 

5 and 

6 ‘‘(2) give priority to Service units and medical 

7 facilities operated pursuant to grants, contracts, or 

8 compacts under the Indian Self-Determination and 

9 Education Assistance Act (25 U.S.C. 450 et seq.) 

10 that are located in, or providing service to, remote 

11 areas of Indian country or Indian reservations. 

12 ‘‘(c) INFORMATION AND CONSULTATION.—On receipt 

13 of a request, the Service may provide to public and private 

14 medical universities, facilities, and practitioners any infor15 mation or consultation on the treatment of Indian children 

16 who have, or may have, been subject to abuse or neglect. 

17 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as are nec19 essary to carry out this section for each of fiscal years 

20 2006 through 2010.’’. 

21 SEC. 13. CONFORMING AMENDMENTS. 

22 Section 1169 of title 18, United States Code, is 

23 amended— 

24 (1) in subsection (a)(1)— 
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1 (A) in subparagraph (B), by inserting ‘‘or 

2 volunteering for’’ after ‘‘employed by’’; 

3 (B) in subparagraph (D)— 

4 (i) by inserting ‘‘or volunteer’’ after 

5 ‘‘child day care worker’’; and 

6 (ii) by striking ‘‘worker in a group 

7 home’’ and inserting ‘‘worker or volunteer 

8 in a group home’’; 

9 (C) in subparagraph (E), by striking ‘‘or 

10 psychological assistant,’’ and inserting ‘‘psycho11 logical or psychiatric assistant, or mental or be12 havioral health professional;’’; 

13 (D) in subparagraph (F), by striking 

14 ‘‘child’’ and inserting ‘‘individual’’; 

15 (E) by striking subparagraph (G), and in16 serting the following: 

17 ‘‘(G) foster parent; or’’; and 

18 (F) in subparagraph (H), by striking ‘‘law 

19 enforcement officer, probation officer’’ and in20 serting ‘‘law enforcement personnel, probation 

21 officer, criminal prosecutor’’; and 

22 (2) in subsection (c), by striking paragraphs (3) 

23 and (4) and inserting the following: 

24 ‘‘(3) ‘local child protective services agency’ has 

25 the meaning given the term in section 403 of the In-
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1 dian Child Protection and Family Violence Preven2 tion Act (25 U.S.C. 3202); and 

3 ‘‘(4) ‘local law enforcement agency’ has the 

4 meaning given the term in section 403 of that Act.’’. 

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