II 

Calendar No. 436 

109TH CONGRESS 

2D SESSION S. 1899 

[Report No. 109–255] 

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, Mr. INOUYE, and Mr. 

JOHNSON) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

MAY 18, 2006 

Reported by Mr. MCCAIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Indian Child Protec3 tion and Family Violence Prevention Act Amendments of 

4 2005’’. 

5 SEC. 2. FINDINGS AND PURPOSE. 

6 Section 402 of the Indian Child Protection and Fam7 ily Violence Prevention Act (25 U.S.C. 3201) is amend8 ed— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1)— 

11 (i) by redesignating subparagraphs 

12 (E) and (F) as subparagraphs (F) and 

13 (G), respectively; and 

14 (ii) by inserting after subparagraph 

15 (D) the following: 

16 ‘‘(E) the Federal Government and certain 

17 State governments are responsible for inves18 tigating and prosecuting certain felony crimes, 

19 including child abuse, in Indian country, pursu20 ant to chapter 53 of title 18, United States 

21 Code;’’; and 

22 (B) in paragraph (2)— 

23 (i) in the matter preceding subpara24 graph (A), by striking ‘‘two’’ and inserting 

25 ‘‘the’’; 


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

2 ‘‘and’’ at the end; 

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

4 the period at the end and inserting ‘‘; 

5 and’’; and 

6 (iv) by adding at the end the fol7 lowing: 

8 ‘‘(C) identify and remove any impediment 

9 to the immediate investigation of incidents of 

10 child abuse in Indian country.’’; and 

11 (2) in subsection (b)— 

12 (A) by striking paragraph (3) and insert13 ing the following: 

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

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

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

17 Office’’ and inserting ‘‘Regional Office’’. 

18 SEC. 3. DEFINITIONS. 

19 Section 403 of the Indian Child Protection and Fam20 ily Violence Prevention Act (25 U.S.C. 3202) is amend21 ed— 

22 (1) by striking paragraph (14); 

23 (2) by redesignating paragraphs (5) through 

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


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1 (3) by inserting after paragraph (4) the fol2 lowing: 

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

4 means a final judgment of guilty through a verdict 

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

6 but does not include any final judgment that has 

7 been expunged by pardon, reversed, set aside, or 

8 otherwise voided;’’; 

9 (4) in paragraph (13) (as redesignated by para10 graph (2)), by striking ‘‘that agency’’ and all that 

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

12 Federal, State, or tribal agency’’; 

13 (5) in paragraph (14) (as redesignated by para14 graph (2)), by inserting ‘‘(including a tribal law en15 forcement agency operating pursuant to a grant, 

16 contract, or compact under the Indian Self-Deter17 mination and Education Assistance Act (25 U.S.C. 

18 450 et seq.))’’ after ‘‘State law enforcement agen19 cy’’; 

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

21 end; 

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

23 the end and inserting ‘‘; and’’; and 

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


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1 ‘‘(19) ‘telemedicine’ means a telecommuni2 cations link to an end user through the use of eligi3 ble equipment that electronically links health profes4 sionals or patients and health professionals at sepa5 rate sites in order to exchange health care informa6 tion in audio, video, graphic, or other format for the 

7 purpose of providing improved health care diagnosis 

8 and treatment.’’. 

9 SEC. 4. REPORTING PROCEDURES. 

10 Section 404 of the Indian Child Protection and Fam11 ily Violence Prevention Act (25 U.S.C. 3203) is amend12 ed— 

13 (1) in subsection (c)— 

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

15 Within’’ and inserting the following: 

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

17 (B) in paragraph (2)— 

18 (i) by striking ‘‘(2)(A) Any’’ and in19 serting the following: 

20 ‘‘(2) INVESTIGATION OF REPORTS.— 

21 ‘‘(A) IN GENERAL.—Any’’; 

22 (ii) in subparagraph (B)— 

23 (I) by striking ‘‘(B) Upon’’ and 

24 inserting the following: 

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


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1 (II) by inserting ‘‘including any 

2 Federal, State, or tribal conviction re3 sulting from the allegation’’ before the 

4 period at the end; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(C) MAINTENANCE OF FINAL REPORTS.— 

8 The Federal Bureau of Investigation shall 

9 maintain a record of each written report sub10 mitted under subsection (b) in a manner in 

11 which the report is accessible to— 

12 ‘‘(i) a local law enforcement agency 

13 that requires the information to carry out 

14 an official duty; and 

15 ‘‘(ii) any agency requesting the infor16 mation under section 408. 

17 ‘‘(D) COLLECTION OF DATA.—Not less fre18 quently than once each year, the Secretary, in 

19 consultation with the Attorney General and any 

20 appropriate Indian tribe, shall collect any infor21 mation not otherwise reported under subsection 

22 (b), including information relating to, during 

23 the preceding calendar year— 

24 ‘‘(i) the number of child abuse allega25 tions and investigations in Indian country; 


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1 ‘‘(ii) the number of child abuse pros2 ecutions declined or deferred in Indian 

3 country; and 

4 ‘‘(iii) the number of acquittals of 

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

6 and 

7 (2) by adding at the end the following: 

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

9 enforcement agency or local child protective services agen10 cy shall disclose the name of or information concerning 

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

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

13 investigation, or the adjudication of the allegation, needs 

14 to know the information in the performance of the duties 

15 of the individual. 

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

17 after the date of enactment of this subsection, and annu18 ally thereafter, the Director of the Federal Bureau of In19 vestigation, in coordination with the Secretary and the At20 torney General, shall submit to the Committees on Indian 

21 Affairs and the Judiciary of the Senate, and the Commit22 tees on Resources and the Judiciary of the House of Rep23 resentatives, a report on child abuse in Indian country 

24 during the preceding year.’’. 


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1 SEC. 5. REMOVAL OF IMPEDIMENTS TO REDUCING CHILD 

2 ABUSE. 

3 Section 405 of the Indian Child Protection and Fam4 ily Violence Prevention Act (25 U.S.C. 3204) is amended 

5 to read as follows: 

6 ‘‘SEC. 405. REMOVAL OF IMPEDIMENTS TO REDUCING 

7 CHILD ABUSE. 

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

9 the Attorney General and the Service, shall conduct a 

10 study under which the Secretary shall identify any impedi11 ment to the reduction of child abuse in Indian country 

12 and on Indian reservations. 

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

14 shall include a description of— 

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

16 Indian country and on Indian reservations; 

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

18 State, and tribal investigations and prosecutions of 

19 allegations of child abuse in Indian country and on 

20 Indian reservations; and 

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

22 treatment of child abuse in Indian country and on 

23 Indian reservations. 

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

25 date of enactment of the Indian Child Protection and 

26 Family Violence Prevention Act Amendments of 2005, the 


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1 Secretary shall submit to the Committees on Indian Af2 fairs and the Judiciary of the Senate, and the Committees 

3 on Resources and the Judiciary of the House of Rep4 resentatives, a report describing— 

5 ‘‘(1) the findings of the study under this sec6 tion; and 

7 ‘‘(2) recommendations for legislative actions to 

8 reduce instances of child abuse in Indian country 

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

10 SEC. 6. CONFIDENTIALITY. 

11 Section 406 of the Indian Child Protection and Fam12 ily Violence Prevention Act (25 U.S.C. 3205) is amended 

13 to read as follows: 

14 ‘‘SEC. 406. CONFIDENTIALITY. 

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

16 that treats or investigates incidents of child abuse may 

17 provide information and records to an officer of any other 

18 Federal, State, or tribal government agency that requires 

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

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

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

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

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

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

25 applicable Federal law.’’. 


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1 SEC. 7. WAIVER OF PARENTAL CONSENT. 

2 Section 407 of the Indian Child Protection and Fam3 ily Violence Prevention Act (25 U.S.C. 3206) is amend4 ed— 

5 (1) in subsection (a), by inserting ‘‘or forensic’’ 

6 after ‘‘psychological’’; and 

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

8 inserting ‘‘advice’’. 

9 SEC. 8. CHARACTER INVESTIGATIONS. 

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

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

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

13 inserting the following: ‘‘guilty to, any offense under Fed14 eral, State, or tribal law involving— 

15 ‘‘(1) a crime of violence; 

16 ‘‘(2) sexual assault; 

17 ‘‘(3) child abuse; 

18 ‘‘(4) exploitation; or 

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

20 SEC. 9. INDIAN CHILD ABUSE TREATMENT GRANT PRO21 GRAM. 

22 Section 409 of the Indian Child Protection and Fam23 ily Violence Prevention Act (25 U.S.C. 3208) is amended 

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

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

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1 essary to carry out this section for each of fiscal years 

2 2006 through 2010.’’. 

3 SEC. 10. INDIAN CHILD RESOURCE AND FAMILY SERVICES 

4 CENTERS. 

5 Section 410 of the Indian Child Protection and Fam6 ily Violence Prevention Act (25 U.S.C. 3209) is amend7 ed— 

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

9 and inserting ‘‘Regional Office’’; 

10 (2) in subsection (b), by striking ‘‘The Sec11 retary’’ and all that follows through ‘‘Human Serv12 ices’’ and inserting ‘‘The Secretary, the Secretary of 

13 Health and Human Services, and the Attorney Gen14 eral’’; 

15 (3) in subsection (d)— 

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

17 State,’’ after ‘‘Federal’’; and 

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

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

20 (4) in subsection (e)— 

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

22 the commas at the ends of the paragraphs and 

23 inserting semicolons; 

24 (B) by striking paragraph (3) and insert25 ing the following: 


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1 ‘‘(3) adolescent mental and behavioral health 

2 (including suicide prevention and treatment);’’; 

3 (C) in paragraph (4), by striking the pe4 riod at the end and inserting a semicolon; and 

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

6 ‘‘(5) criminal prosecution; and 

7 ‘‘(6) medicine.’’; 

8 (5) in subsection (f)— 

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

10 Secretary’’ and all that follows through 

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

12 ‘‘(1) ESTABLISHMENT.—The Secretary, in con13 sultation with the Service and the Attorney Gen14 eral’’; 

15 (B) in the second sentence— 

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

17 the following 

18 ‘‘(2) MEMBERSHIP.—Each’’; and 

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

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

21 (C) in the third sentence, by striking 

22 ‘‘Members’’ and inserting the following: 

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

24 (D) in the fourth sentence, by striking 

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


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1 ‘‘(4) DUTIES.—Each advisory’’; 

2 (6) in subsection (g)— 

3 (A) in the first sentence— 

4 (i) by striking ‘‘Indian Child’’ and in5 serting the following: 

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

7 (ii) by adding before the period at the 

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

9 seq.)’’; 

10 (B) by striking the second sentence and in11 serting the following: 

12 ‘‘(2) CERTAIN REGIONAL OFFICES.— 

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

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

15 Regional Office of the Bureau that serves more 

16 than 1 Indian tribe, an application to enter into 

17 a grant, contract, or compact under the Indian 

18 Self-Determination and Education Assistance 

19 Act (25 U.S.C. 450 et seq.) to operate the Cen20 ter shall contain a consent form signed by an 

21 official of each Indian tribe to be served under 

22 the grant, contract, or compact. 

23 ‘‘(B) ALASKA REGION.—Notwithstanding 

24 subparagraph (A), for Centers located in the 

25 Alaska Region, an application to enter into a 


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1 grant, contract, or compact described in that 

2 subparagraph shall contain a consent form 

3 signed by an official of each Indian tribe or 

4 tribal consortium that is a member of a grant, 

5 contract, or compact relating to an Indian child 

6 protection and family violence prevention pro7 gram under the Indian Self-Determination and 

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

9 seq.).’’; and 

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

11 section’’ and inserting the following: 

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

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

14 following: 

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

16 are authorized to be appropriated such sums as are nec17 essary to carry out this section for each of fiscal years 

18 2006 through 2010.’’. 

19 SEC. 11. INDIAN CHILD PROTECTION AND FAMILY VIO20 LENCE PREVENTION PROGRAM. 

21 Section 411 of the Indian Child Protection and Fam22 ily Violence Prevention Act (25 U.S.C. 3210) is amend23 ed— 

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

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1 TION, TREATMENT, AND PREVENTION OF CHILD

2 ABUSE AND FAMILY VIOLENCE’’; 

3 (2) by redesignating subsections (f) through (i) 

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

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

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

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

8 are authorized to be appropriated such sums as are nec9 essary to carry out this section for each of fiscal years 

10 2006 through 2010.’’. 

11 SEC. 12. USE OF TELEMEDICINE. 

12 The Indian Child Protection and Family Violence 

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

14 adding at the end the following: 

15 ‘‘SEC. 412. USE OF TELEMEDICINE. 

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

17 authorized to enter into any contract or agreement for the 

18 use of telemedicine with a public or private medical univer19 sity or facility, or any private practitioner, with experience 

20 relating to pediatrics, including the diagnosis and treat21 ment of child abuse, to assist the Service with respect to— 

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

23 or 

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

25 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 

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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.’’. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘Indian Child Protection 

7 and Family Violence Prevention Act Amendments of 2006’’. 

8 SEC. 2. FINDINGS AND PURPOSE. 

9 Section 402 of the Indian Child Protection and Fam10 ily Violence Prevention Act (25 U.S.C. 3201) is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1)— 

13 (i) by redesignating subparagraphs (E) 

14 and (F) as subparagraphs (F) and (G), re15 spectively; and 

16 (ii) by inserting after subparagraph 

17 (D) the following: 

18 ‘‘(E) the Federal Government and certain 

19 State governments are responsible for inves20 tigating and prosecuting certain felony crimes, 

21 including child abuse, in Indian country, pursu22 ant to chapter 53 of title 18, United States 

23 Code;’’; and 

24 (B) in paragraph (2)— 


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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘two’’ and inserting 

3 ‘‘the’’; 

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

5 ‘‘and’’ at the end; 

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

7 the period at the end and inserting ‘‘; and’’; 

8 and 

9 (iv) by adding at the end the following: 

10 ‘‘(C) identify and remove any impediment 

11 to the immediate investigation of incidents of 

12 child abuse in Indian country.’’; and 

13 (2) in subsection (b)— 

14 (A) by striking paragraph (3) and inserting 

15 the following: 

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

17 any employee or volunteer who has access to chil18 dren;’’; and 

19 (B) in paragraph (6), by striking ‘‘Area Of20 fice’’ and inserting ‘‘Regional Office’’. 

21 SEC. 3. DEFINITIONS. 

22 Section 403 of the Indian Child Protection and Fam23 ily Violence Prevention Act (25 U.S.C. 3202) is amended— 

24 (1) by redesignating paragraphs (6) through (18) 

25 as paragraphs (7) through (19), respectively; 


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1 (2) by inserting after paragraph (5) the fol2 lowing: 

3 ‘‘(6) ‘final conviction’ means the final judgment 

4 on a verdict or finding of guilty, a plea of guilty, or 

5 a plea of nolo contendere, but does not include a final 

6 judgment that has been expunged by pardon, reversed, 

7 set aside, or otherwise rendered void;’’; 

8 (3) in paragraph (13) (as redesignated by para9 graph (1)), by striking ‘‘that agency’’ and all that fol10 lows through ‘‘Indian tribe’’ and inserting ‘‘the Fed11 eral, State, or tribal agency’’; 

12 (4) in paragraph (14) (as redesignated by para13 graph (1)), by inserting ‘‘(including a tribal law en14 forcement agency operating pursuant to a grant, con15 tract, or compact under the Indian Self-Determina16 tion and Education Assistance Act (25 U.S.C. 450 et 

17 seq.))’’ after ‘‘State law enforcement agency’’; 

18 (5) in paragraph (18) (as redesignated by para19 graph (1)), by striking ‘‘and’’ at the end; 

20 (6) in paragraph (19) (as redesignated by para21 graph (1)), by striking the period at the end and in22 serting ‘‘; and’’; and 

23 (7) by adding at the end the following: 

24 ‘‘(20) ‘telemedicine’ means a telecommunications 

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1 ment that electronically links health professionals or 

2 patients and health professionals at separate sites in 

3 order to exchange health care information in audio, 

4 video, graphic, or other format for the purpose of pro5 viding improved health care diagnosis and treat6 ment.’’. 

7 SEC. 4. REPORTING PROCEDURES. 

8 Section 404 of the Indian Child Protection and Fam9 ily Violence Prevention Act (25 U.S.C. 3203) is amended— 

10 (1) in subsection (c)— 

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

12 Within’’ and inserting the following: 

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

14 (B) in paragraph (2)— 

15 (i) by striking ‘‘(2)(A) Any’’ and in16 serting the following: 

17 ‘‘(2) INVESTIGATION OF REPORTS.— 

18 ‘‘(A) IN GENERAL.—Any’’; 

19 (ii) in subparagraph (B)— 

20 (I) by striking ‘‘(B) Upon’’ and 

21 inserting the following: 

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

23 (II) by inserting ‘‘including any 

24 Federal, State, or tribal final convic25 tion, and provide to the Federal BuVerDate Aug 31 2005 05:22 May 19, 2006 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\S1899.RS S1899

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1 reau of Investigation a copy of the re2 port’’ before the period at the end; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(C) MAINTENANCE OF FINAL REPORTS.— 

6 The Federal Bureau of Investigation shall main7 tain a record of each written report submitted 

8 under this subsection or subsection (b) in a man9 ner in which the report is accessible to— 

10 ‘‘(i) a local law enforcement agency 

11 that requires the information to carry out 

12 an official duty; and 

13 ‘‘(ii) any agency requesting the infor14 mation under section 408. 

15 ‘‘(D) REPORT TO CONGRESS.—Not later 

16 than 1 year after the date of enactment of this 

17 subsection, and annually thereafter, the Director 

18 of the Federal Bureau of Investigation, in coordi19 nation with the Secretary and the Attorney Gen20 eral, shall submit to the Committees on Indian 

21 Affairs and the Judiciary of the Senate and the 

22 Committees on Resources and the Judiciary of 

23 the House of Representatives a report on child 

24 abuse in Indian country during the preceding 

25 year. 


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1 ‘‘(E) COLLECTION OF DATA.—Not less fre2 quently than once each year, the Secretary, in 

3 consultation with the Secretary of Health and 

4 Human Services, the Attorney General, the Di5 rector of the Federal Bureau of Investigation, 

6 and any Indian tribe, shall— 

7 ‘‘(i) collect any information concerning 

8 child abuse in Indian country (including 

9 reports under subsection (b)), including in10 formation relating to, during the preceding 

11 calendar year— 

12 ‘‘(I) the number of criminal and 

13 civil child abuse allegations and inves14 tigations in Indian country; 

15 ‘‘(II) the number of child abuse 

16 prosecutions referred, declined, or de17 ferred in Indian country; 

18 ‘‘(III) the number of child victims 

19 who are the subject of reports of child 

20 abuse in Indian country; 

21 ‘‘(IV) sentencing patterns of indi22 viduals convicted of child abuse in In23 dian country; and 


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1 ‘‘(V) rates of recidivism with re2 spect to child abuse in Indian country; 

3 and 

4 ‘‘(ii) to the maximum extend prac5 ticable, reduce the duplication of informa6 tion collection under clause (i).’’; and 

7 (2) by adding at the end the following: 

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

9 enforcement agency or local child protective services agency 

10 shall disclose the name of, or information concerning, the 

11 child to anyone other than— 

12 ‘‘(1) a person who, by reason of the participation 

13 of the person in the treatment of the child or the in14 vestigation or adjudication of the allegation, needs to 

15 know the information in the performance of the duties 

16 of the individual; or 

17 ‘‘(2) an officer of any other Federal, State, or 

18 tribal agency that requires the information to carry 

19 out the duties of the officer under section 406. 

20 ‘‘(f) REPORT.—Not later than 1 year after the date of 

21 enactment of this subsection, and annually thereafter, the 

22 Secretary shall submit to the Committees on Indian Affairs 

23 and the Judiciary of the Senate and the Committees on Re24 sources and the Judiciary of the House of Representatives 


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1 a report on child abuse in Indian country during the pre2 ceding year. 

3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as are nec5 essary to carry out this section for each of fiscal years 2007 

6 through 2011.’’. 

7 SEC. 5. REMOVAL OF IMPEDIMENTS TO REDUCING CHILD 

8 ABUSE. 

9 Section 405 of the Indian Child Protection and Fam10 ily Violence Prevention Act (25 U.S.C. 3204) is amended 

11 to read as follows: 

12 ‘‘SEC. 405. REMOVAL OF IMPEDIMENTS TO REDUCING 

13 CHILD ABUSE. 

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

15 Attorney General and the Service, shall conduct a study 

16 under which the Secretary shall identify any impediment 

17 to the reduction of child abuse in Indian country and on 

18 Indian reservations. 

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

20 shall include a description of— 

21 ‘‘(1) any impediment, or recent progress made 

22 with respect to removing impediments, to reporting 

23 child abuse in Indian country; 

24 ‘‘(2) any impediment, or recent progress made 

25 with respect to removing impediments, to Federal, 


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1 State, and tribal investigations and prosecutions of 

2 allegations of child abuse in Indian country; and 

3 ‘‘(3) any impediment, or recent progress made 

4 with respect to removing impediments, to the treat5 ment of child abuse in Indian country. 

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

7 of enactment of the Indian Child Protection and Family 

8 Violence Prevention Act Amendments of 2006, the Secretary 

9 shall submit to the Committees on Indian Affairs and the 

10 Judiciary of the Senate, and the Committees on Resources 

11 and the Judiciary of the House of Representatives, a report 

12 describing— 

13 ‘‘(1) the findings of the study under this section; 

14 and 

15 ‘‘(2) recommendations for legislative actions, if 

16 any, to reduce instances of child abuse in Indian 

17 country.’’. 

18 SEC. 6. CONFIDENTIALITY. 

19 Section 406 of the Indian Child Protection and Fam20 ily Violence Prevention Act (25 U.S.C. 3205) is amended 

21 to read as follows: 

22 ‘‘SEC. 406. CONFIDENTIALITY. 

23 ‘‘(a) IN GENERAL.—Notwithstanding any other provi24 sion of law, any Federal, State, or tribal government agency 

25 that treats or investigates incidents of child abuse may proVerDate Aug 31 2005 05:22 May 19, 2006 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\S1899.RS S1899

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1 vide information and records to an officer of any other Fed2 eral, State, or tribal government agency that requires the 

3 information to carry out the duties of the officer, in accord4 ance with section 552a of title 5, United States Code, sec5 tion 361 of the Public Health Service Act (42 U.S.C. 264), 

6 the Family Educational Rights and Privacy Act of 1974 

7 (20 U.S.C. 1232g), part C of title XI of the Social Security 

8 Act (42 U.S.C. 1320d et seq.), and other applicable Federal 

9 law. 

10 ‘‘(b) TREATMENT OF INDIAN TRIBES.—For purposes 

11 of this section, an Indian tribal government shall be consid12 ered to be an entity of the Federal Government.’’. 

13 SEC. 7. WAIVER OF PARENTAL CONSENT. 

14 Section 407 of the Indian Child Protection and Fam15 ily Violence Prevention Act (25 U.S.C. 3206) is amended— 

16 (1) in subsection (a), by inserting ‘‘or forensic’’ 

17 after ‘‘psychological’’; and 

18 (2) by striking subsection (c) and inserting the 

19 following: 

20 ‘‘(c) PROTECTION OF CHILD.—Any examination or 

21 interview of a child who may have been the subject of child 

22 abuse shall— 

23 ‘‘(1) be conducted under such circumstances and 

24 using such safeguards as are necessary to minimize 

25 additional trauma to the child; 


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1 ‘‘(2) avoid, to the maximum extent practicable, 

2 subjecting the child to multiple interviews during the 

3 examination and interview processes; and 

4 ‘‘(3) as time permits, be conducted using advice 

5 from, or under the guidance of— 

6 ‘‘(A) a local multidisciplinary team estab7 lished under section 411; or 

8 ‘‘(B) if a local multidisciplinary team is 

9 not established under section 411, a multidisci10 plinary team established under section 410.’’. 

11 SEC. 8. CHARACTER INVESTIGATIONS. 

12 Section 408 of the Indian Child Protection and Fam13 ily Violence Prevention Act (25 U.S.C. 3207) is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1)— 

16 (i) by inserting ‘‘, including any vol17 untary positions,’’ after ‘‘authorized posi18 tions’’; and 

19 (ii) by striking the comma at the end 

20 and inserting a semicolon; and 

21 (B) in paragraph (2)— 

22 (i) by inserting ‘‘(including in a vol23 unteer capacity)’’ after ‘‘considered for em24 ployment’’; and 


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1 (ii) by striking ‘‘, and’’ and inserting 

2 ‘‘; and’’; 

3 (2) in subsection (b), by striking ‘‘guilty to’’ and 

4 all that follows and inserting the following: ‘‘guilty to, 

5 any felony offense under Federal, State, or tribal law, 

6 or 2 or more misdemeanor offenses under Federal, 

7 State, or tribal law, involving— 

8 ‘‘(1) a crime of violence; 

9 ‘‘(2) sexual assault; 

10 ‘‘(3) child abuse; 

11 ‘‘(4) molestation; 

12 ‘‘(5) child sexual exploitation; 

13 ‘‘(6) sexual contact; 

14 ‘‘(7) child neglect; 

15 ‘‘(8) prostitution; or 

16 ‘‘(9) another offense against a child.’’; and 

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

18 ‘‘(d) EFFECT ON CHILD PLACEMENT.—An Indian 

19 tribe that certifies that the tribe has conducted an investiga20 tion under this section shall be considered to have satisfied 

21 the background investigation requirements of any Federal 

22 law requiring such an investigation for the placement of 

23 an Indian child in a tribally-licensed or tribally-approved 

24 foster or adoptive home, or an institution.’’. 


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1 SEC. 9. INDIAN CHILD ABUSE TREATMENT GRANT PRO2 GRAM. 

3 Section 409 of the Indian Child Protection and Fam4 ily Violence Prevention Act (25 U.S.C. 3208) is amended 

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

6 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

7 authorized to be appropriated such sums as are necessary 

8 to carry out this section for each of fiscal years 2007 

9 through 2011.’’. 

10 SEC. 10. INDIAN CHILD RESOURCE AND FAMILY SERVICES 

11 CENTERS. 

12 Section 410 of the Indian Child Protection and Fam13 ily Violence Prevention Act (25 U.S.C. 3209) is amended— 

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

15 and inserting ‘‘Regional Office’’; 

16 (2) in subsection (b), by striking ‘‘The Sec17 retary’’ and all that follows through ‘‘Human Serv18 ices’’ and inserting ‘‘The Secretary, the Secretary of 

19 Health and Human Services, and the Attorney Gen20 eral’’; 

21 (3) in subsection (d)— 

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

23 State,’’ after ‘‘Federal’’; and 

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

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

26 (4) in subsection (e)— 


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1 (A) in paragraph (2), by striking the 

2 comma at the end and inserting a semicolon; 

3 (B) by striking paragraph (3) and inserting 

4 the following: 

5 ‘‘(3) adolescent mental and behavioral health (in6 cluding suicide prevention and treatment);’’; 

7 (C) in paragraph (4), by striking the period 

8 at the end and inserting ‘‘and sexual assault;’’; 

9 and 

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

11 ‘‘(5) criminal prosecution; and 

12 ‘‘(6) medicine.’’; 

13 (5) in subsection (f)— 

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

15 Secretary’’ and all that follows through ‘‘Human 

16 Services’’ and inserting the following: 

17 ‘‘(1) ESTABLISHMENT.—The Secretary, in con18 sultation with the Service and the Attorney General’’; 

19 (B) in the second sentence— 

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

21 the following 

22 ‘‘(2) MEMBERSHIP.—Each’’; and 

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

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


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1 (C) in the third sentence, by striking ‘‘Mem2 bers’’ and inserting the following: 

3 ‘‘(3) COMPENSATION.—Members’’; and 

4 (D) in the fourth sentence, by striking ‘‘The 

5 advisory’’ and inserting the following: 

6 ‘‘(4) DUTIES.—Each advisory’’; 

7 (6) in subsection (g)— 

8 (A) in the first sentence— 

9 (i) by striking ‘‘Indian Child’’ and in10 serting the following: 

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

12 (ii) by striking ‘‘Act’’ and inserting 

13 ‘‘and Education Assistance Act (25 U.S.C. 

14 450 et seq.)’’; 

15 (B) by striking the second sentence and in16 serting the following: 

17 ‘‘(2) CERTAIN REGIONAL OFFICES.— 

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

19 subparagraph (B), if a Center is located in a Re20 gional Office of the Bureau that serves more than 

21 1 Indian tribe, an application to enter into a 

22 grant, contract, or compact under the Indian 

23 Self-Determination and Education Assistance 

24 Act (25 U.S.C. 450 et seq.) to operate the Center 

25 shall contain a consent form signed by an offiVerDate Aug 31 2005 05:22 May 19, 2006 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\S1899.RS S1899

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1 cial of each Indian tribe to be served under the 

2 grant, contract, or compact. 

3 ‘‘(B) ALASKA REGION.—Notwithstanding 

4 subparagraph (A), for Centers located in the 

5 Alaska Region, an application to enter into a 

6 grant, contract, or compact described in that 

7 subparagraph shall contain a consent form 

8 signed by an official of each Indian tribe or trib9 al consortium that is a member of a grant, con10 tract, or compact relating to an Indian child 

11 protection and family violence prevention pro12 gram under the Indian Self-Determination and 

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

14 seq.).’’; and 

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

16 section’’ and inserting the following: 

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

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

19 following: 

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

21 are authorized to be appropriated such sums as are nec22 essary to carry out this section for each of fiscal years 2007 

23 through 2011.’’. 


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1 SEC. 11. INDIAN CHILD PROTECTION AND FAMILY VIO2 LENCE PREVENTION PROGRAM. 

3 Section 411 of the Indian Child Protection and Fam4 ily Violence Prevention Act (25 U.S.C. 3210) is amended— 

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

6 heading and inserting ‘‘COORDINATING INVESTIGA7 TION, TREATMENT, AND PREVENTION OF CHILD

8 ABUSE AND FAMILY VIOLENCE’’; 

9 (2) in subsection (d)(3)— 

10 (A) in subparagraph (A), by striking the 

11 comma at the end and inserting a semicolon; 

12 (B) in subparagraph (B), by striking ‘‘, 

13 and’’ and inserting ‘‘; and’’; and 

14 (C) in subparagraph (C), by inserting 

15 ‘‘with respect to appropriate safety measures for 

16 child protection workers carrying out this Act’’ 

17 before the semicolon at the end; 

18 (3) by redesignating subsections (f) through (i) 

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

20 (4) by striking subsection (h) (as redesignated by 

21 paragraph (3)) and inserting the following: 

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

23 are authorized to be appropriated such sums as are nec24 essary to carry out this section for each of fiscal years 2007 

25 through 2011.’’. 


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1 SEC. 12. USE OF TELEMEDICINE. 

2 The Indian Child Protection and Family Violence Pre3 vention Act (25 U.S.C. 3201 et seq.) is amended by adding 

4 at the end the following: 

5 ‘‘SEC. 412. USE OF TELEMEDICINE. 

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

7 authorized to enter into any contract or agreement for the 

8 use of telemedicine with a public or private medical univer9 sity or facility, or any private practitioner, with experience 

10 relating to pediatrics, including the diagnosis and treat11 ment of child abuse, to assist the Service with respect to— 

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

13 or 

14 ‘‘(2) methods of training Service personnel in di15 agnosing and treating child abuse. 

16 ‘‘(b) ADMINISTRATION.—In carrying out subsection 

17 (a), the Service shall, to the maximum extent practicable— 

18 ‘‘(1) use existing telemedicine infrastructure; and 

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

20 facilities operated pursuant to grants, contracts, or 

21 compacts under the Indian Self-Determination and 

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

23 are located in, or providing service to, remote areas 

24 of Indian country. 

25 ‘‘(c) INFORMATION AND CONSULTATION.—On receipt of 

26 a request, for purposes of this section, the Service may proVerDate Aug 31 2005 05:22 May 19, 2006 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\S1899.RS S1899

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1 vide to public and private medical universities, facilities, 

2 and practitioners described in subsection (a) any informa3 tion or consultation on the treatment of Indian children 

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

5 ‘‘(d) 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 2007 

8 through 2011.’’. 

9 SEC. 13. CONFORMING AMENDMENTS. 

10 (a) OFFENSES COMMITTED WITHIN INDIAN COUN11 TRY.—Section 1153(a) of title 18, United States Code, is 

12 amended by inserting ‘‘felony child neglect,’’ after ‘‘rob13 bery,’’. 

14 (b) REPORTING OF CHILD ABUSE.—Section 1169 of 

15 title 18, United States Code, is amended— 

16 (1) in subsection (a)(1)— 

17 (A) in subparagraph (B), by inserting ‘‘or 

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

19 (B) in subparagraph (D)— 

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

21 ‘‘child day care worker’’; and 

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

23 home’’ and inserting ‘‘worker or volunteer 

24 in a group home’’; 


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

2 psychological assistant,’’ and inserting ‘‘psycho3 logical or psychiatric assistant, or person em4 ployed in the mental or behavioral health profes5 sion;’’; 

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

7 ‘‘child’’ and inserting ‘‘individual’’; 

8 (E) by striking subparagraph (G), and in9 serting the following: 

10 ‘‘(G) foster parent; or’’; and 

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

12 enforcement officer, probation officer’’ and in13 serting ‘‘law enforcement personnel, probation of14 ficer, criminal prosecutor’’; and 

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

16 and (4) and inserting the following: 

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

18 the meaning given the term in section 403 of the In19 dian Child Protection and Family Violence Preven20 tion Act (25 U.S.C. 3202); and 

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

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


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Calendar No. 436 

109TH CONGRESS 

2D SESSION S. 1899 

[Report No. 109

–255] 

A BILL 

To amend the Indian Child Protection and Family 

purposes. examinations of certain children, and for other barriers to reducing child abuse, to provide for Violence Prevention Act to identify and remove 

MAY 18, 2006 

Reported with an amendment 


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