To make certain revisions to the bill.

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT AMENDMENTS OF 2006

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 436, S. 1899.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1899) to amend the Indian Child Protection and
     Family Violence Prevention Act to identify and remove
     barriers to reducing child abuse, to provide for examinations
     of certain children, and for other purposes.

  There being no objection, the Senate proceeded to consider the
bill which had been reported from the Committee on Indian Affairs, with
an amendment to strike all after the enacting clause and inserting in
lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Indian Child Protection and
     Family Violence Prevention Act Amendments of 2006''.

     SEC. 2. FINDINGS AND PURPOSE.

       Section 402 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3201) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by redesignating subparagraphs (E) and (F) as
     subparagraphs (F) and (G), respectively; and
       (ii) by inserting after subparagraph (D) the following:

[[Page S8880]]

       ``(E) the Federal Government and certain State governments
     are responsible for investigating and prosecuting certain
     felony crimes, including child abuse, in Indian country,
     pursuant to chapter 53 of title 18, United States Code;'';
     and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking
     ``two'' and inserting ``the'';
       (ii) in subparagraph (A), by striking ``and'' at the end;
       (iii) in subparagraph (B), by striking the period at the
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(C) identify and remove any impediment to the immediate
     investigation of incidents of child abuse in Indian
     country.''; and
       (2) in subsection (b)--
       (A) by striking paragraph (3) and inserting the following:
       ``(3) provide for a background investigation for any
     employee or volunteer who has access to children;''; and
       (B) in paragraph (6), by striking ``Area Office'' and
     inserting ``Regional Office''.

     SEC. 3. DEFINITIONS.

       Section 403 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3202) is amended--
       (1) by redesignating paragraphs (6) through (18) as
     paragraphs (7) through (19), respectively;
       (2) by inserting after paragraph (5) the following:
       ``(6) `final conviction' means the final judgment on a
     verdict or finding of guilty, a plea of guilty, or a plea of
     nolo contendere, but does not include a final judgment that
     has been expunged by pardon, reversed, set aside, or
     otherwise rendered void;'';
       (3) in paragraph (13) (as redesignated by paragraph (1)),
     by striking ``that agency'' and all that follows through
     ``Indian tribe'' and inserting ``the Federal, State, or
     tribal agency'';
       (4) in paragraph (14) (as redesignated by paragraph (1)),
     by inserting ``(including a tribal law enforcement agency
     operating pursuant to a grant, contract, or compact under the
     Indian Self-Determination and Education Assistance Act (25
     U.S.C. 450 et seq.))'' after ``State law enforcement
     agency'';
       (5) in paragraph (18) (as redesignated by paragraph (1)),
     by striking ``and'' at the end;
       (6) in paragraph (19) (as redesignated by paragraph (1)),
     by striking the period at the end and inserting ``; and'';
     and
       (7) by adding at the end the following:
       ``(20) `telemedicine' means a telecommunications link to an
     end user through the use of eligible equipment that
     electronically links health professionals or patients and
     health professionals at separate sites in order to exchange
     health care information in audio, video, graphic, or other
     format for the purpose of providing improved health care
     diagnosis and treatment.''.

     SEC. 4. REPORTING PROCEDURES.

       Section 404 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3203) is amended--
       (1) in subsection (c)--
       (A) in paragraph (1), by striking ``(1) Within'' and
     inserting the following:
       ``(1) In general.--Not later than''; and
       (B) in paragraph (2)--
       (i) by striking ``(2)(A) Any'' and inserting the following:
       ``(2) Investigation of reports.--
       ``(A) In general.--Any'';
       (ii) in subparagraph (B)--

       (I) by striking ``(B) Upon'' and inserting the following:

       ``(B) Final written report.--On''; and

       (II) by inserting ``including any Federal, State, or tribal
     final conviction, and provide to the Federal Bureau of
     Investigation a copy of the report'' before the period at the
     end; and

       (iii) by adding at the end the following:
       ``(C) Maintenance of final reports.--The Federal Bureau of
     Investigation shall maintain a record of each written report
     submitted under this subsection or subsection (b) in a manner
     in which the report is accessible to--
       ``(i) a local law enforcement agency that requires the
     information to carry out an official duty; and
       ``(ii) any agency requesting the information under section
     408.
       ``(D) Report to congress.--Not later than 1 year after the
     date of enactment of this subsection, and annually
     thereafter, the Director of the Federal Bureau of
     Investigation, in coordination with the Secretary and the
     Attorney General, shall submit to the Committees on Indian
     Affairs and the Judiciary of the Senate and the Committees on
     Resources and the Judiciary of the House of Representatives a
     report on child abuse in Indian country during the preceding
     year.
       ``(E) Collection of data.--Not less frequently than once
     each year, the Secretary, in consultation with the Secretary
     of Health and Human Services, the Attorney General, the
     Director of the Federal Bureau of Investigation, and any
     Indian tribe, shall--
       ``(i) collect any information concerning child abuse in
     Indian country (including reports under subsection (b)),
     including information relating to, during the preceding
     calendar year--

       ``(I) the number of criminal and civil child abuse
     allegations and investigations in Indian country;
       ``(II) the number of child abuse prosecutions referred,
     declined, or deferred in Indian country;
       ``(III) the number of child victims who are the subject of
     reports of child abuse in Indian country;
       ``(IV) sentencing patterns of individuals convicted of
     child abuse in Indian country; and
       ``(V) rates of recidivism with respect to child abuse in
     Indian country; and

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

     SEC. 5. REMOVAL OF IMPEDIMENTS TO REDUCING CHILD ABUSE.

       Section 405 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3204) is amended to read
     as follows:

     ``SEC. 405. REMOVAL OF IMPEDIMENTS TO REDUCING CHILD ABUSE.

       ``(a) Study.--The Secretary, in consultation with the
     Attorney General and the Service, shall conduct a study under
     which the Secretary shall identify any impediment to the
     reduction of child abuse in Indian country and on Indian
     reservations.
       ``(b) Inclusions.--The study under subsection (a) shall
     include a description of--
       ``(1) any impediment, or recent progress made with respect
     to removing impediments, to reporting child abuse in Indian
     country;
       ``(2) any impediment, or recent progress made with respect
     to removing impediments, to Federal, State, and tribal
     investigations and prosecutions of allegations of child abuse
     in Indian country; and
       ``(3) any impediment, or recent progress made with respect
     to removing impediments, to the treatment of child abuse in
     Indian country.
       ``(c) Report.--Not later than 18 months after the date of
     enactment of the Indian Child Protection and Family Violence
     Prevention Act Amendments of 2006, the Secretary shall submit
     to the Committees on Indian Affairs and the Judiciary of the
     Senate, and the Committees on Resources and the Judiciary of
     the House of Representatives, a report describing--
       ``(1) the findings of the study under this section; and
       ``(2) recommendations for legislative actions, if any, to
     reduce instances of child abuse in Indian country.''.

     SEC. 6. CONFIDENTIALITY.

       Section 406 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3205) is amended to read
     as follows:

     ``SEC. 406. CONFIDENTIALITY.

       ``(a) In General.--Notwithstanding any other provision of
     law, any Federal, State, or tribal government agency that
     treats or investigates incidents of child abuse may provide
     information and records to an officer of any other Federal,
     State, or tribal government agency that requires the
     information to carry out the duties of the officer, in
     accordance with section 552a of title 5, United States Code,
     section 361 of the Public Health Service Act (42 U.S.C. 264),
     the Family Educational Rights and Privacy Act of 1974 (20
     U.S.C. 1232g), part C of title XI of the Social Security Act
     (42 U.S.C. 1320d et seq.), and other applicable Federal law.
       ``(b) Treatment of Indian Tribes.--For purposes of this
     section, an Indian tribal government shall be considered to
     be an entity of the Federal Government.''.

     SEC. 7. WAIVER OF PARENTAL CONSENT.

       Section 407 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3206) is amended--
       (1) in subsection (a), by inserting ``or forensic'' after
     ``psychological''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Protection of Child.--Any examination or interview of
     a child who may have been the subject of child abuse shall--
       ``(1) be conducted under such circumstances and using such
     safeguards as are necessary to minimize additional trauma to
     the child;
       ``(2) avoid, to the maximum extent practicable, subjecting
     the child to multiple interviews during the examination and
     interview processes; and
       ``(3) as time permits, be conducted using advice from, or
     under the guidance of--
       ``(A) a local multidisciplinary team established under
     section 411; or
       ``(B) if a local multidisciplinary team is not established
     under section 411, a multidisciplinary team established under
     section 410.''.

     SEC. 8. CHARACTER INVESTIGATIONS.

       Section 408 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3207) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by inserting ``, including any voluntary positions,''
     after ``authorized positions''; and
       (ii) by striking the comma at the end and inserting a
     semicolon; and
       (B) in paragraph (2)--
       (i) by inserting ``(including in a volunteer capacity)''
     after ``considered for employment''; and
       (ii) by striking ``, and'' and inserting ``; and'';

[[Page S8881]]

       (2) in subsection (b), by striking ``guilty to'' and all
     that follows and inserting the following: ``guilty to, any
     felony offense under Federal, State, or tribal law, or 2 or
     more misdemeanor offenses under Federal, State, or tribal
     law, involving--
       ``(1) a crime of violence;
       ``(2) sexual assault;
       ``(3) child abuse;
       ``(4) molestation;
       ``(5) child sexual exploitation;
       ``(6) sexual contact;
       ``(7) child neglect;
       ``(8) prostitution; or
       ``(9) another offense against a child.''; and
       (3) by adding at the end the following:
       ``(d) Effect on Child Placement.--An Indian tribe that
     certifies that the tribe has conducted an investigation under
     this section shall be considered to have satisfied the
     background investigation requirements of any Federal law
     requiring such an investigation for the placement of an
     Indian child in a tribally-licensed or tribally-approved
     foster or adoptive home, or an institution.''.

     SEC. 9. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM.

       Section 409 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3208) is amended by
     striking subsection (e) and inserting the following:
       ``(e) Authorization of Appropriations.--There are
     authorized to be appropriated such sums as are necessary to
     carry out this section for each of fiscal years 2007 through
     2011.''.

     SEC. 10. INDIAN CHILD RESOURCE AND FAMILY SERVICES CENTERS.

       Section 410 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3209) is amended--
       (1) in subsection (a), by striking ``area office'' and
     inserting ``Regional Office'';
       (2) in subsection (b), by striking ``The Secretary'' and
     all that follows through ``Human Services'' and inserting
     ``The Secretary, the Secretary of Health and Human Services,
     and the Attorney General'';
       (3) in subsection (d)--
       (A) in paragraph (4), by inserting ``, State,'' after
     ``Federal''; and
       (B) in paragraph (5), by striking ``agency office'' and
     inserting ``Regional Office'';
       (4) in subsection (e)--
       (A) in paragraph (2), by striking the comma at the end and
     inserting a semicolon;
       (B) by striking paragraph (3) and inserting the following:
       ``(3) adolescent mental and behavioral health (including
     suicide prevention and treatment);'';
       (C) in paragraph (4), by striking the period at the end and
     inserting ``and sexual assault;''; and
       (D) by adding at the end the following:
       ``(5) criminal prosecution; and
       ``(6) medicine.'';
       (5) in subsection (f)--
       (A) in the first sentence, by striking ``The Secretary''
     and all that follows through ``Human Services'' and inserting
     the following:
       ``(1) Establishment.--The Secretary, in consultation with
     the Service and the Attorney General'';
       (B) in the second sentence--
       (i) by striking ``Each'' and inserting the following
       ``(2) Membership.--Each''; and
       (ii) by striking ``shall consist of 7 members'' and
     inserting ``shall be'';
       (C) in the third sentence, by striking ``Members'' and
     inserting the following:
       ``(3) Compensation.--Members''; and
       (D) in the fourth sentence, by striking ``The advisory''
     and inserting the following:
       ``(4) Duties.--Each advisory'';
       (6) in subsection (g)--
       (A) in the first sentence--
       (i) by striking ``Indian Child'' and inserting the
     following:
       ``(1) In general.--Indian Child''; and
       (ii) by striking ``Act'' and inserting ``and Education
     Assistance Act (25 U.S.C. 450 et seq.)'';
       (B) by striking the second sentence and inserting the
     following:
       ``(2) Certain regional offices.--
       ``(A) In general.--Except as provided in subparagraph (B),
     if a Center is located in a Regional Office of the Bureau
     that serves more than 1 Indian tribe, an application to enter
     into a grant, contract, or compact under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et
     seq.) to operate the Center shall contain a consent form
     signed by an official of each Indian tribe to be served under
     the grant, contract, or compact.
       ``(B) Alaska region.--Notwithstanding subparagraph (A), for
     Centers located in the Alaska Region, an application to enter
     into a grant, contract, or compact described in that
     subparagraph shall contain a consent form signed by an
     official of each Indian tribe or tribal consortium that is a
     member of a grant, contract, or compact relating to an Indian
     child protection and family violence prevention program under
     the Indian Self-Determination and Education Assistance Act
     (25 U.S.C. 450 et seq.).''; and
       (C) in the third sentence, by striking ``This section'' and
     inserting the following:
       ``(3) Effect of section.--This section''; and
       (7) by striking subsection (h) and inserting the following:
       ``(h) Authorization of Appropriations.--There are
     authorized to be appropriated such sums as are necessary to
     carry out this section for each of fiscal years 2007 through
     2011.''.

     SEC. 11. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE
                   PREVENTION PROGRAM.

       Section 411 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3210) is amended--
       (1) in subsection (c), by striking the subsection heading
     and inserting ``Coordinating Investigation, Treatment, and
     Prevention of Child Abuse and Family Violence'';
       (2) in subsection (d)(3)--
       (A) in subparagraph (A), by striking the comma at the end
     and inserting a semicolon;
       (B) in subparagraph (B), by striking ``, and'' and
     inserting ``; and''; and
       (C) in subparagraph (C), by inserting ``with respect to
     appropriate safety measures for child protection workers
     carrying out this Act'' before the semicolon at the end;
       (3) by redesignating subsections (f) through (i) as
     subsections (e) through (h), respectively; and
       (4) by striking subsection (h) (as redesignated by
     paragraph (3)) and inserting the following:
       ``(h) Authorization of Appropriations.--There are
     authorized to be appropriated such sums as are necessary to
     carry out this section for each of fiscal years 2007 through
     2011.''.

     SEC. 12. USE OF TELEMEDICINE.

       The Indian Child Protection and Family Violence Prevention
     Act (25 U.S.C. 3201 et seq.) is amended by adding at the end
     the following:

     ``SEC. 412. USE OF TELEMEDICINE.

       ``(a) Contracts and Agreements.--The Service is authorized
     to enter into any contract or agreement for the use of
     telemedicine with a public or private medical university or
     facility, or any private practitioner, with experience
     relating to pediatrics, including the diagnosis and treatment
     of child abuse, to assist the Service with respect to--
       ``(1) the diagnosis and treatment of child abuse; or
       ``(2) methods of training Service personnel in diagnosing
     and treating child abuse.
       ``(b) Administration.--In carrying out subsection (a), the
     Service shall, to the maximum extent practicable--
       ``(1) use existing telemedicine infrastructure; and
       ``(2) give priority to Service units and medical facilities
     operated pursuant to grants, contracts, or compacts under the
     Indian Self-Determination and Education Assistance Act (25
     U.S.C. 450 et seq.) that are located in, or providing service
     to, remote areas of Indian country.
       ``(c) Information and Consultation.--On receipt of a
     request, for purposes of this section, the Service may
     provide to public and private medical universities,
     facilities, and practitioners described in subsection (a) any
     information or consultation on the treatment of Indian
     children who have, or may have, been subject to abuse or
     neglect.
       ``(d) Authorization of Appropriations.--There are
     authorized to be appropriated such sums as are necessary to
     carry out this section for each of fiscal years 2007 through
     2011.''.

     SEC. 13. CONFORMING AMENDMENTS.

       (a) Offenses Committed Within Indian Country.--Section
     1153(a) of title 18, United States Code, is amended by
     inserting ``felony child neglect,'' after ``robbery,''.
       (b) Reporting of Child Abuse.--Section 1169 of title 18,
     United States Code, is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (B), by inserting ``or volunteering
     for'' after ``employed by'';
       (B) in subparagraph (D)--
       (i) by inserting ``or volunteer'' after ``child day care
     worker''; and
       (ii) by striking ``worker in a group home'' and inserting
     ``worker or volunteer in a group home'';
       (C) in subparagraph (E), by striking ``or psychological
     assistant,'' and inserting ``psychological or psychiatric
     assistant, or person employed in the mental or behavioral
     health profession;'';
       (D) in subparagraph (F), by striking ``child'' and
     inserting ``individual'';
       (E) by striking subparagraph (G), and inserting the
     following:
       ``(G) foster parent; or''; and
       (F) in subparagraph (H), by striking ``law enforcement
     officer, probation officer'' and inserting ``law enforcement
     personnel, probation officer, criminal prosecutor''; and
       (2) in subsection (c), by striking paragraphs (3) and (4)
     and inserting the following:
       ``(3) `local child protective services agency' has the
     meaning given the term in section 403 of the Indian Child
     Protection and Family Violence Prevention Act (25 U.S.C.
     3202); and
       ``(4) `local law enforcement agency' has the meaning given
     the term in section 403 of that Act.''.

  Mr. FRIST. Mr. President, I ask unanimous consent that the amendment
at the desk be agreed to, the committee-reported amendment, as amended,
be agreed to, the bill, as amended, be read a third time and passed,
the motion to reconsider be laid upon the table, and that any
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4880) was agreed to, as follows:

       On page 24, line 4, strike ``extend'' and insert
     ``extent''.
       On page 27, line 16, strike ``or forensic'' and insert
     ``and forensic''.
       On page 28, line 2, strike ``interviews'' and insert
     ``interviewers''.
       On page 29, strike lines 18 through 24 and insert the
     following:
       ``(d) Effect on Child Placement.--An Indian tribe that
     submits a written statement to the applicable State official
     documenting that the Indian tribe has conducted a background
     investigation under this section for the placement of an
     Indian child in a tribally-licensed or tribally-approved
     foster care or adoptive home, or for another out-of-home
     placement, shall be considered to have satisfied the
     background investigation requirements of any Federal or State
     law requiring such an investigation.''.

[[Page S8882]]

       On page 32, strike lines 8 through 16 and insert the
     following:
       (A) by striking ``(g)'' and all that follows through
     ``Indian Child Resource'' and inserting the following:
       ``(g) Application of Indian Self-Determination and
     Education Assistance Act to Centers.--
       ``(1) In general.--Indian Child Resource'';
       (B) in the first sentence, by striking ``Act'' and
     inserting ``and Education Assistance Act (25 U.S.C. 450 et
     seq.)'';
       (C) by striking the second sentence and inserting the
     following:
       On page 33, line 15, strike ``(C)'' and insert ``(D)''.
       On page 34, strike lines 1 through 25.
       On page 35, strike lines 6 through 11 and insert the
     following:
       ``(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--
       On page 35, line 16, strike ``(b)'' and insert ``(c)''.
       On page 35, line 17, strike ``(a)'' and insert ``(b)''.
       On page 35, line 25, strike ``(c)'' and insert ``(d)''.
       On page 36, lines 1 and 2, strike ``medical universities,
     facilities, and practitioners described in subsection (a)''
     and insert ``universities and facilities, including medical
     universities and facilities, and medical or behavioral health
     professionals described in subsection (b)''.
       On page 36, line 5, strike ``(d)'' and insert ``(e)''.
       On page 36, line 12, strike ``felony child neglect,'' and
     insert ``felony child abuse, felony child neglect,''.

  The committee amendment in the nature of a substitute, as amended,
was agreed to.
  The bill (S. 1899), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:

                                S. 1899

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Indian Child Protection and
     Family Violence Prevention Act Amendments of 2006''.

     SEC. 2. FINDINGS AND PURPOSE.

       Section 402 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3201) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by redesignating subparagraphs (E) and (F) as
     subparagraphs (F) and (G), respectively; and
       (ii) by inserting after subparagraph (D) the following:
       ``(E) the Federal Government and certain State governments
     are responsible for investigating and prosecuting certain
     felony crimes, including child abuse, in Indian country,
     pursuant to chapter 53 of title 18, United States Code;'';
     and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking
     ``two'' and inserting ``the'';
       (ii) in subparagraph (A), by striking ``and'' at the end;
       (iii) in subparagraph (B), by striking the period at the
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(C) identify and remove any impediment to the immediate
     investigation of incidents of child abuse in Indian
     country.''; and
       (2) in subsection (b)--
       (A) by striking paragraph (3) and inserting the following:
       ``(3) provide for a background investigation for any
     employee or volunteer who has access to children;''; and
       (B) in paragraph (6), by striking ``Area Office'' and
     inserting ``Regional Office''.

     SEC. 3. DEFINITIONS.

       Section 403 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3202) is amended--
       (1) by redesignating paragraphs (6) through (18) as
     paragraphs (7) through (19), respectively;
       (2) by inserting after paragraph (5) the following:
       ``(6) `final conviction' means the final judgment on a
     verdict or finding of guilty, a plea of guilty, or a plea of
     nolo contendere, but does not include a final judgment that
     has been expunged by pardon, reversed, set aside, or
     otherwise rendered void;'';
       (3) in paragraph (13) (as redesignated by paragraph (1)),
     by striking ``that agency'' and all that follows through
     ``Indian tribe'' and inserting ``the Federal, State, or
     tribal agency'';
       (4) in paragraph (14) (as redesignated by paragraph (1)),
     by inserting ``(including a tribal law enforcement agency
     operating pursuant to a grant, contract, or compact under the
     Indian Self-Determination and Education Assistance Act (25
     U.S.C. 450 et seq.))'' after ``State law enforcement
     agency'';
       (5) in paragraph (18) (as redesignated by paragraph (1)),
     by striking ``and'' at the end;
       (6) in paragraph (19) (as redesignated by paragraph (1)),
     by striking the period at the end and inserting ``; and'';
     and
       (7) by adding at the end the following:
       ``(20) `telemedicine' means a telecommunications link to an
     end user through the use of eligible equipment that
     electronically links health professionals or patients and
     health professionals at separate sites in order to exchange
     health care information in audio, video, graphic, or other
     format for the purpose of providing improved health care
     diagnosis and treatment.''.

     SEC. 4. REPORTING PROCEDURES.

       Section 404 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3203) is amended--
       (1) in subsection (c)--
       (A) in paragraph (1), by striking ``(1) Within'' and
     inserting the following:
       ``(1) In general.--Not later than''; and
       (B) in paragraph (2)--
       (i) by striking ``(2)(A) Any'' and inserting the following:
       ``(2) Investigation of reports.--
       ``(A) In general.--Any'';
       (ii) in subparagraph (B)--

       (I) by striking ``(B) Upon'' and inserting the following:

       ``(B) Final written report.--On''; and

       (II) by inserting ``including any Federal, State, or tribal
     final conviction, and provide to the Federal Bureau of
     Investigation a copy of the report'' before the period at the
     end; and

       (iii) by adding at the end the following:
       ``(C) Maintenance of final reports.--The Federal Bureau of
     Investigation shall maintain a record of each written report
     submitted under this subsection or subsection (b) in a manner
     in which the report is accessible to--
       ``(i) a local law enforcement agency that requires the
     information to carry out an official duty; and
       ``(ii) any agency requesting the information under section
     408.
       ``(D) Report to congress.--Not later than 1 year after the
     date of enactment of this subsection, and annually
     thereafter, the Director of the Federal Bureau of
     Investigation, in coordination with the Secretary and the
     Attorney General, shall submit to the Committees on Indian
     Affairs and the Judiciary of the Senate and the Committees on
     Resources and the Judiciary of the House of Representatives a
     report on child abuse in Indian country during the preceding
     year.
       ``(E) Collection of data.--Not less frequently than once
     each year, the Secretary, in consultation with the Secretary
     of Health and Human Services, the Attorney General, the
     Director of the Federal Bureau of Investigation, and any
     Indian tribe, shall--
       ``(i) collect any information concerning child abuse in
     Indian country (including reports under subsection (b)),
     including information relating to, during the preceding
     calendar year--

       ``(I) the number of criminal and civil child abuse
     allegations and investigations in Indian country;
       ``(II) the number of child abuse prosecutions referred,
     declined, or deferred in Indian country;
       ``(III) the number of child victims who are the subject of
     reports of child abuse in Indian country;
       ``(IV) sentencing patterns of individuals convicted of
     child abuse in Indian country; and
       ``(V) rates of recidivism with respect to child abuse in
     Indian country; and

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

     SEC. 5. REMOVAL OF IMPEDIMENTS TO REDUCING CHILD ABUSE.

       Section 405 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3204) is amended to read
     as follows:

[[Page S8883]]

     ``SEC. 405. REMOVAL OF IMPEDIMENTS TO REDUCING CHILD ABUSE.

       ``(a) Study.--The Secretary, in consultation with the
     Attorney General and the Service, shall conduct a study under
     which the Secretary shall identify any impediment to the
     reduction of child abuse in Indian country and on Indian
     reservations.
       ``(b) Inclusions.--The study under subsection (a) shall
     include a description of--
       ``(1) any impediment, or recent progress made with respect
     to removing impediments, to reporting child abuse in Indian
     country;
       ``(2) any impediment, or recent progress made with respect
     to removing impediments, to Federal, State, and tribal
     investigations and prosecutions of allegations of child abuse
     in Indian country; and
       ``(3) any impediment, or recent progress made with respect
     to removing impediments, to the treatment of child abuse in
     Indian country.
       ``(c) Report.--Not later than 18 months after the date of
     enactment of the Indian Child Protection and Family Violence
     Prevention Act Amendments of 2006, the Secretary shall submit
     to the Committees on Indian Affairs and the Judiciary of the
     Senate, and the Committees on Resources and the Judiciary of
     the House of Representatives, a report describing--
       ``(1) the findings of the study under this section; and
       ``(2) recommendations for legislative actions, if any, to
     reduce instances of child abuse in Indian country.''.

     SEC. 6. CONFIDENTIALITY.

       Section 406 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3205) is amended to read
     as follows:

     ``SEC. 406. CONFIDENTIALITY.

       ``(a) In General.--Notwithstanding any other provision of
     law, any Federal, State, or tribal government agency that
     treats or investigates incidents of child abuse may provide
     information and records to an officer of any other Federal,
     State, or tribal government agency that requires the
     information to carry out the duties of the officer, in
     accordance with section 552a of title 5, United States Code,
     section 361 of the Public Health Service Act (42 U.S.C. 264),
     the Family Educational Rights and Privacy Act of 1974 (20
     U.S.C. 1232g), part C of title XI of the Social Security Act
     (42 U.S.C. 1320d et seq.), and other applicable Federal law.
       ``(b) Treatment of Indian Tribes.--For purposes of this
     section, an Indian tribal government shall be considered to
     be an entity of the Federal Government.''.

     SEC. 7. WAIVER OF PARENTAL CONSENT.

       Section 407 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3206) is amended--
       (1) in subsection (a), by inserting ``and forensic'' after
     ``psychological''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Protection of Child.--Any examination or interview of
     a child who may have been the subject of child abuse shall--
       ``(1) be conducted under such circumstances and using such
     safeguards as are necessary to minimize additional trauma to
     the child;
       ``(2) avoid, to the maximum extent practicable, subjecting
     the child to multiple interviewers during the examination and
     interview processes; and
       ``(3) as time permits, be conducted using advice from, or
     under the guidance of--
       ``(A) a local multidisciplinary team established under
     section 411; or
       ``(B) if a local multidisciplinary team is not established
     under section 411, a multidisciplinary team established under
     section 410.''.

     SEC. 8. CHARACTER INVESTIGATIONS.

       Section 408 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3207) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by inserting ``, including any voluntary positions,''
     after ``authorized positions''; and
       (ii) by striking the comma at the end and inserting a
     semicolon; and
       (B) in paragraph (2)--
       (i) by inserting ``(including in a volunteer capacity)''
     after ``considered for employment''; and
       (ii) by striking ``, and'' and inserting ``; and'';
       (2) in subsection (b), by striking ``guilty to'' and all
     that follows and inserting the following: ``guilty to, any
     felony offense under Federal, State, or tribal law, or 2 or
     more misdemeanor offenses under Federal, State, or tribal
     law, involving--
       ``(1) a crime of violence;
       ``(2) sexual assault;
       ``(3) child abuse;
       ``(4) molestation;
       ``(5) child sexual exploitation;
       ``(6) sexual contact;
       ``(7) child neglect;
       ``(8) prostitution; or
       ``(9) another offense against a child.''; and
       (3) by adding at the end the following:
       ``(d) Effect on Child Placement.--An Indian tribe that
     submits a written statement to the applicable State official
     documenting that the Indian tribe has conducted a background
     investigation under this section for the placement of an
     Indian child in a tribally-licensed or tribally-approved
     foster care or adoptive home, or for another out-of-home
     placement, shall be considered to have satisfied the
     background investigation requirements of any Federal or State
     law requiring such an investigation.''.

     SEC. 9. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM.

       Section 409 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3208) is amended by
     striking subsection (e) and inserting the following:
       ``(e) Authorization of Appropriations.--There are
     authorized to be appropriated such sums as are necessary to
     carry out this section for each of fiscal years 2007 through
     2011.''.

     SEC. 10. INDIAN CHILD RESOURCE AND FAMILY SERVICES CENTERS.

       Section 410 of the Indian Child Protection and Family
     Violence Prevention Act (25 U.S.C. 3209) is amended--
       (1) in subsection (a), by striking ``area office'' and
     inserting ``Regional Office'';
       (2) in subsection (b), by striking ``The Secretary'' and
     all that follows through ``Human Services'' and inserting
     ``The Secretary, the Secretary of Health and Human Services,
     and the Attorney General'';
       (3) in subsection (d)--
       (A) in paragraph (4), by inserting ``, State,'' after
     ``Federal''; and
       (B) in paragraph (5), by striking ``agency office'' and
     inserting ``Regional Office'';
       (4) in subsection (e)--
       (A) in paragraph (2), by striking the comma at the end and
     inserting a semicolon;
       (B) by striking paragraph (3) and inserting the following:
       ``(3) adolescent mental and behavioral health (including
     suicide prevention and treatment);'';
       (C) in paragraph (4), by striking the period at the end and
     inserting ``and sexual assault;''; and
       (D) by adding at the end the following:
       ``(5) criminal prosecution; and
       ``(6) medicine.'';
       (5) in subsection (f)--
       (A) in the first sentence, by striking ``The Secretary''
     and all that follows through ``Human Services'' and inserting
     the following:
       ``(1) Establishment.--The Secretary, in consultation with
     the Service and the Attorney General'';
       (B) in the second sentence--
       (i) by striking ``Each'' and inserting the following
       ``(2) Membership.--Each''; and
       (ii) by striking ``shall consist of 7 members'' and
     inserting ``shall be'';
       (C) in the third sentence, by striking ``Members'' and
     inserting the following:
       ``(3) Compensation.--Members''; and
       (D) in the fourth sentence, by striking ``The advisory''
     and inserting the following:
       ``(4) Duties.--Each advisory'';
       (6) in subsection (g)--
       (A) by striking ``(g)'' and all that follows through
     ``Indian Child Resource'' and inserting the following:
       ``(g) Application of Indian Self-Determination and
     Education Assistance Act to Centers.--
       ``(1) In general.--Indian Child Resource'';
       (B) in the first sentence, by striking ``Act'' and
     inserting ``and Education Assistance Act (25 U.S.C. 450 et
     seq.)'';
       (C) by striking the second sentence and inserting the
     following:
       ``(2) Certain regional offices.--
       ``(A) In general.--Except as provided in subparagraph (B),
     if a Center is located in a Regional Office of the Bureau
     that serves more than 1 Indian tribe, an application to enter
     into a grant, contract, or compact under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et
     seq.) to operate the Center shall contain a consent form
     signed by an official of each Indian tribe to be served under
     the grant, contract, or compact.
       ``(B) Alaska region.--Notwithstanding subparagraph (A), for
     Centers located in the Alaska Region, an application to enter
     into a grant, contract, or compact described in that
     subparagraph shall contain a consent form signed by an
     official of each Indian tribe or tribal consortium that is a
     member of a grant, contract, or compact relating to an Indian
     child protection and family violence prevention program under
     the Indian Self-Determination and Education Assistance Act
     (25 U.S.C. 450 et seq.).''; and
       (D) in the third sentence, by striking ``This section'' and
     inserting the following:
       ``(3) Effect of section.--This section''; and
       (7) by striking subsection (h) and inserting the following:
       ``(h) Authorization of Appropriations.--There are
     authorized to be appropriated such sums as are necessary to
     carry out this section for each of fiscal years 2007 through
     2011.''.

     SEC. 11. USE OF TELEMEDICINE.

       The Indian Child Protection and Family Violence Prevention
     Act (25 U.S.C. 3201 et seq.) is amended by adding at the end
     the following:

     ``SEC. 412. USE OF TELEMEDICINE.

       ``(a) Definition of Medical or Behavioral Health
     Professional.--In this section, the term `medical or
     behavioral health professional' means an employee or
     volunteer of an organization that provides a service as part
     of a comprehensive service program that combines--
       ``(1) substance abuse (including abuse of alcohol, drugs,
     inhalants, and tobacco) prevention and treatment; and
       ``(2) mental health treatment.

[[Page S8884]]

       ``(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 2007 through
     2011.''.

     SEC. 12. CONFORMING AMENDMENTS.

       (a) Offenses Committed Within Indian Country.--Section
     1153(a) of title 18, United States Code, is amended by
     inserting ``felony child abuse, felony child neglect,'' after
     ``robbery,''.
       (b) Reporting of Child Abuse.--Section 1169 of title 18,
     United States Code, is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (B), by inserting ``or volunteering
     for'' after ``employed by'';
       (B) in subparagraph (D)--
       (i) by inserting ``or volunteer'' after ``child day care
     worker''; and
       (ii) by striking ``worker in a group home'' and inserting
     ``worker or volunteer in a group home'';
       (C) in subparagraph (E), by striking ``or psychological
     assistant,'' and inserting ``psychological or psychiatric
     assistant, or person employed in the mental or behavioral
     health profession;'';
       (D) in subparagraph (F), by striking ``child'' and
     inserting ``individual'';
       (E) by striking subparagraph (G), and inserting the
     following:
       ``(G) foster parent; or''; and
       (F) in subparagraph (H), by striking ``law enforcement
     officer, probation officer'' and inserting ``law enforcement
     personnel, probation officer, criminal prosecutor''; and
       (2) in subsection (c), by striking paragraphs (3) and (4)
     and inserting the following:
       ``(3) `local child protective services agency' has the
     meaning given the term in section 403 of the Indian Child
     Protection and Family Violence Prevention Act (25 U.S.C.
     3202); and
       ``(4) `local law enforcement agency' has the meaning given
     the term in section 403 of that Act.''.

                          ____________________