II

106TH CONGRESS

1ST SESSION S. 1478

To amend part E of title IV of the Social Security Act to provide equitable

access for foster care and adoption services for Indian children in tribal

areas.

IN THE SENATE OF THE UNITED STATES

AUGUST 3, 1999

Mr. DASCHLE (for himself, Mr. MCCAIN, and Mr. INOUYE) introduced the

following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend part E of title IV of the Social Security Act

to provide equitable access for foster care and adoption

services for Indian children in tribal areas.

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

3 SECTION 1. AUTHORITY OF INDIAN TRIBES TO RECEIVE

4 FEDERAL FUNDS FOR FOSTER CARE AND

5 ADOPTION ASSISTANCE.

6 (a) CHILDREN PLACED IN TRIBAL CUSTODY ELIGI7 BLE FOR FOSTER CARE FUNDING.—Section 472(a)(2) of

8 the Social Security Act (42 U.S.C. 672(a)(2)) is

9 amended—
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1 (1) by striking ‘‘or (B)’’ and inserting ‘‘(B)’’;

2 and

3 (2) by inserting before the semicolon the fol4 lowing: ‘‘, or (C) an Indian tribe as defined in sec5 tion 479B(b)(5), in the case of an Indian child (as

6 defined in section 4(4) of the Indian Child Welfare

7 Act of 1978 (25 U.S.C. 1903(4))) if the tribe is not

8 operating a program pursuant to section 479B and

9 (i) has an agreement with a State pursuant to sec10 tion 479B(b)(3) or (ii) submits to the Secretary a

11 description of the arrangements, jointly developed or

12 in consultation with the State, made for the pay13 ment of funds and the provision of the child welfare

14 services and protections required by this title’’.

15 (b) PROGRAMS OPERATED BY INDIAN TRIBAL ORGA16 NIZATIONS.—Part E of title IV of the Social Security Act

17 (42 U.S.C. 670 et seq.) is amended by adding at the end

18 the following:

19 ‘‘PROGRAMS OPERATED BY INDIAN TRIBAL

20 ORGANIZATIONS

21 ‘‘SEC. 479B. (a) Except as provided in subsection

22 (b), this part shall apply to an Indian Tribe that chooses

23 to operate a program under this part in the same manner

24 as this part applies to a State.

25 ‘‘(b)(1) In the case of an Indian tribe submitting a

26 plan for approval under section 471, the plan shall—
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1 ‘‘(A) in lieu of the requirement of section

2 471(a)(3), identify the service area or areas and

3 population to be served by the Indian tribe; and

4 ‘‘(B) in lieu of the requirement of section

5 471(a)(10), provide for the approval of foster homes

6 pursuant to tribal standards and in a manner that

7 ensures the safety of, and accountability for, chil8 dren placed in foster care.

9 ‘‘(2)(A)(i) For purposes of determining the Federal

10 medical assistance percentage applicable to an Indian tribe

11 under paragraphs (1) and (2) of section 474(a), the cal12 culation of an Indian tribe’s per capita income shall be

13 based upon the service population of the Indian tribe as

14 defined in its plan.

15 ‘‘(ii) An Indian tribe may submit to the Secretary

16 such information as the tribe considers may be relevant

17 to making the calculation of the per capita income of the

18 tribe, and the Secretary shall consider such information

19 before making the calculation.

20 ‘‘(B) The Secretary shall, by regulation, determine

21 the proportions to be paid to Indian tribes pursuant to

22 section 474(a)(3), except that in no case shall an Indian

23 tribe receive a lesser proportion than specified for States

24 in that section.
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1 ‘‘(C) An Indian tribe may use Federal or State funds

2 to match payments for which the Indian tribe is eligible

3 under section 474.

4 ‘‘(3) An Indian tribe and a State may enter into a

5 cooperative agreement for the administration or payment

6 of funds pursuant to this part. Any such agreement that

7 is in effect as of the date of the enactment of this section

8 shall remain in full force and effect subject to the right

9 of either party to revoke or modify the agreement pursu10 ant to its terms.

11 ‘‘(4) The Secretary may prescribe regulations that

12 alter or waive any requirement under this part with re13 spect to an Indian tribe or tribes if the Secretary, after

14 consulting with the tribe or tribes—

15 ‘‘(A) determines that the strict enforcement of

16 the requirement would not advance the best interests

17 and the safety of children served by the Indian tribe

18 or tribes; and

19 ‘‘(B) provides in the regulations that tribal

20 plans include alternative provisions that would

21 achieve the purposes of the requirement that is to be

22 altered or waived.

23 ‘‘(5) For purposes of this section, the term ‘Indian

24 tribe’ means any Indian tribe, band, nation, or organized

25 group or community of Indians, including any Alaska Na-
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1 tive village, that is recognized as eligible for the special

2 programs and services provided by the United States to

3 Indians because of their status as Indians.

4 ‘‘(6) Nothing in this section shall preclude the devel5 opment and submission of a single plan under section 471

6 that meets the requirements of this section by the partici7 pating Indian tribes of an intertribal consortium.’’.

8 (c) EFFECTIVE DATE.—The amendments made by

9 this Act take effect on the date of enactment of this Act.

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