I 

108TH CONGRESS 

1ST SESSION H. R. 443

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 HOUSE OF REPRESENTATIVES 

JANUARY 29, 2003

Mr. CAMP introduced the following bill; which was referred to the Committee 

on Ways and Means 

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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Indian and Alaska Na5 tive Foster Care and Adoption Services Amendments of 

6 2003’’. 
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1 SEC. 2. AUTHORITY OF INDIAN TRIBES TO RECEIVE FED2 ERAL FUNDS FOR FOSTER CARE AND ADOP3 TION ASSISTANCE. 

4 (a) CHILDREN PLACED IN TRIBAL CUSTODY ELIGI5 BLE FOR FOSTER CARE FUNDING.—Section 472(a)(2) of 

6 the Social Security Act (42 U.S.C. 672(a)(2)) is amend7 ed—

8 (1) by striking ‘‘or (B)’’ and inserting ‘‘(B)’’; 

9 and 

10 (2) by inserting before the semicolon the fol11 lowing: ‘‘, or (C) an Indian tribe (as defined in sec12 tion 479B(e)) or an intertribal consortium if the In13 dian tribe or consortium is not operating a program 

14 pursuant to section 479B and (i) has a cooperative 

15 agreement with a State pursuant to section 479B(c) 

16 or (ii) submits to the Secretary a description of the 

17 arrangements (jointly developed or developed in con18 sultation with the State) made by the Indian tribe 

19 or consortium for the payment of funds and the pro20 vision of the child welfare services and protections 

21 required by this title’’. 

22 (b) PROGRAMS OPERATED BY INDIAN TRIBAL ORGA23 NIZATIONS.—Part E of title IV of the Social Security Act 

24 (42 U.S.C. 670 et seq.) is amended by adding at the end 

25 the following: 
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1 ‘‘SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL OR2 GANIZATIONS. 

3 ‘‘(a) APPLICATION.—Except as provided in sub4 section (b), this part shall apply to an Indian tribe that 

5 elects to operate a program under this part in the same 

6 manner as this part applies to a State. 

7 ‘‘(b) MODIFICATION OF PLAN REQUIREMENTS.—

8 ‘‘(1) IN GENERAL.—In the case of an Indian 

9 tribe submitting a plan for approval under section 

10 471, the plan shall—

11 ‘‘(A) in lieu of the requirement of section 

12 471(a)(3), identify the service area or areas and 

13 population to be served by the Indian tribe; and 

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

15 471(a)(10), provide for the approval of foster 

16 homes pursuant to tribal standards and in a 

17 manner that ensures the safety of, and account18 ability for, children placed in foster care. 

19 ‘‘(2) DETERMINATION OF FEDERAL SHARE.—

20 ‘‘(A) PER CAPITA INCOME.—

21 ‘‘(i) IN GENERAL.—For purposes of 

22 determining the Federal medical assistance 

23 percentage applicable to an Indian tribe 

24 under paragraphs (1) and (2) of section 

25 474(a), the calculation of an Indian tribe’s 

26 per capita income shall be based upon the 
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1 service population of the Indian tribe as 

2 defined in its plan in accordance with 

3 paragraph (1)(A). 

4 ‘‘(ii) CONSIDERATION OF OTHER IN5 FORMATION.—An Indian tribe may submit 

6 to the Secretary such information as the 

7 Indian tribe considers relevant to the cal8 culation of the per capita income of the In9 dian tribe, and the Secretary shall consider 

10 such information before making the cal11 culation. 

12 ‘‘(B) ADMINISTRATIVE EXPENDITURES.—

13 The Secretary shall, by regulation, determine 

14 the proportions to be paid to Indian tribes pur15 suant to section 474(a)(3), except that in no 

16 case shall an Indian tribe receive a lesser pro17 portion than the corresponding amount speci18 fied for a State in that section. 

19 ‘‘(C) SOURCES OF NON-FEDERAL

20 SHARE.—An Indian tribe may use Federal or 

21 State funds to match payments for which the 

22 Indian tribe is eligible under section 474. 

23 ‘‘(3) MODIFICATION OF OTHER REQUIRE24 MENTS.—Upon the request of an Indian tribe or 

25 tribes, the Secretary may modify any requirement 
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1 under this part if, after consulting with the Indian 

2 tribe or tribes, the Secretary determines that modi3 fication of the requirement would advance the best 

4 interests and the safety of children served by the In5 dian tribe or tribes. 

6 ‘‘(4) CONSORTIUM.—The participating Indian 

7 tribes of an intertribal consortium may develop and 

8 submit a single plan under section 471 that meets 

9 the requirements of this section. 

10 ‘‘(c) COOPERATIVE AGREEMENTS.—An Indian tribe 

11 or intertribal consortium and a State may enter into a 

12 cooperative agreement for the administration or payment 

13 of funds pursuant to this part. In any case where an In14 dian tribe or intertribal consortium and a State enter into 

15 a cooperative agreement that incorporates any of the pro16 visions of this section, those provisions shall be valid and 

17 enforceable. Any such cooperative agreement that is in ef18 fect as of the date of enactment of this section, shall re19 main in full force and effect subject to the right of either 

20 party to the agreement to revoke or modify the agreement 

21 pursuant to the terms of the agreement. 

22 ‘‘(d) REGULATIONS.—Not later than 1 year after the 

23 date of enactment of this section, the Secretary shall, in 

24 full consultation with Indian tribes and tribal organiza25 tions, promulgate regulations to carry out this section. 
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1 ‘‘(e) DEFINITIONS OF INDIAN TRIBE; TRIBAL ORGA2 NIZATIONS.—In this section, the terms ‘Indian tribe’ and 

3 ‘tribal organization’ have the meanings given those terms 

4 in subsections (e) and (l) of section 4 of the Indian Self5 Determination and Education Assistance Act (25 U.S.C. 

6 450b), respectively.’’. 

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

8 this section take effect on the date of enactment of this 

9 Act without regard to regulations to implement such 

10 amendments being promulgated by such date.

Æ