S. 1899Senate109th Congress (2005-2007)Passed Senate

Indian Child Protection and Family Violence Prevention Act Amendments of 2006

Introduced October 20, 2005

Legislative Activity

Stay on top of the latest movement without scrolling through every action

13 earlier actions
HouseCommittee Latest Action

Executive Comment Requested from Interior, HHS.

September 11, 2006

View full timeline
SenateIntro Referral

Introduced in Senate

October 20, 2005

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S11666-11667)

October 20, 2005

SenateIntro Referral

Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S11667-11669)

October 20, 2005

SenateCommittee

Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 109-478.

March 15, 2006

SenateCommittee

Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

March 29, 2006

SenateCommittee

Committee on Indian Affairs. Reported by Senator McCain with an amendment in the nature of a substitute. With written report No. 109-255.

May 18, 2006

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 436.

May 18, 2006

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S8879-8884; text of measure as reported in Senate: CR S8879-8881)

August 3, 2006

SenateFloor

The committee substitute as amended agreed to by Unanimous Consent.

August 3, 2006

SenateFloor

Passed Senate with an amendment by Unanimous Consent. (text: CR S8882-8884)

August 3, 2006

SenateFloor

Message on Senate action sent to the House.

August 4, 2006

HouseFloor

Received in the House.

September 6, 2006 • 2:04 PM

HouseIntro Referral

Referred to the Committee on Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

September 6, 2006

HouseCommittee

Executive Comment Requested from Interior, HHS.

September 11, 2006

Floor Debate

11 members

What members said about S. 1899 on the floor

7 Republicans4 Democrats
Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · Oct 20, 2005

Mr. President, I rise today to introduce, along with Senators Brownback, Clinton, Santorum, and Durbin, the Children and Media Research Advancement Act, or CAMRA Act. This bill is essentially…

Trent Lott
Sen. Trent LottR-MS · Mar 29, 2006

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on March 29, 2006, at 10 a.m., to conduct a…

John McCain
Sen. John McCainR-AZ · Oct 20, 2005

Mr. President, today I am introducing a bill to reauthorize the Indian Child Protection and Family Violence Prevention Act. This bill is intended to reauthorize appropriations for child sexual abuse…

John McCain
Sen. John McCainR-AZ · Oct 20, 2005

Mr. President, today I am introducing a bill to reauthorize the Indian Child Protection and Family Violence Prevention Act. This bill is intended to reauthorize appropriations for child sexual abuse…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Mar 15, 2006

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on March 15, 2006, at 9:30 a.m., in open session to continue to…

Show 8 more
Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Mar 14, 2006

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Water and Power of the Committee on Energy and…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Oct 20, 2005

Mr. President, today I am introducing the ``Keep the Promise of Medicare Act'' of 2006, and am pleased to be joined by my colleagues Senators Kennedy, Harkin, Lautenberg, Dayton, and Corzine.…

Norm Coleman
Sen. Norm ColemanR-MN · Mar 27, 2006

Mr. President, I would like to announce for the information of the Senate and the public that the Permanent Subcommittee on Investigations will hold two days of hearings on March 28 and 30, 2006,…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Oct 20, 2005

Mr. President, I am pleased to join the chairman of the Senate Indian Affairs Committee as original sponsor of the Indian Child Protection and Family Violence Prevention Act Amendments of 2005. The…

John F. Kerry
Sen. John F. KerryD-MA · Oct 20, 2005

Mr. President, I rise to introduce legislation to establish the Freedom's Way National Heritage Area in New Hampshire and Massachusetts. The bill is cosponsored by Senator KENNEDY, Senator GREGG and…

Larry E. Craig
Sen. Larry E. CraigR-ID · Mar 27, 2006

Mr. President, the Subcommittee on Public Lands and Forests has previously announced a hearing to be held on Wednesday, March 29, 2006, at 2:30 p.m. in room SD-366 of the Dirksen Senate Office…

John McCain
Sen. John McCainR-AZ · Mar 27, 2006

Mr. President, I would like to announce that the Committee on Indian Affairs will meet on Tuesday, March 28, 2006, at 9:30 a.m. in room 485 of the Russell Senate Office Building to conduct a hearing…

Larry E. Craig
Sen. Larry E. CraigR-ID · Mar 14, 2006

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Public Lands and Forests of the Committee on…

Show 2 more
William H. Frist
Sen. William H. FristR-TN · Aug 3, 2006

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 436, S. 1899. Mr. President, I ask unanimous consent that the amendment at the desk be…

John McCain
Sen. John McCainR-AZ · Mar 14, 2006

Mr. President, I would like to announce that the Committee on Indian Affairs will meet on Wednesday, March 15, 2006, at 9:30 a.m. in Room 485 of the Russell Senate Office Building to conduct a…

Bill Text

4 versions available

Reading Mode
Latest
Referred in HouseIssued September 6, 2006
        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1899 Referred in House (RFH)]

109th CONGRESS
2d Session
S. 1899

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 6, 2006

Referred to the Committee on Resources, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned

_______________________________________________________________________

AN ACT

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.

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:

``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.
``(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.''.

Passed the Senate August 3, 2006.

Attest:

EMILY J. REYNOLDS,

Secretary.