II 

109TH CONGRESS 

1ST SESSION S. 672 

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 

MARCH 17, 2005 

Mr. SMITH (for himself, Mr. BAUCUS, Mr. MCCAIN, Mr. BINGAMAN, Mr. 

JOHNSON, Ms. CANTWELL, Mr. COCHRAN, and Mr. DOMENICI) 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. SHORT TITLE. 

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

6 2005’’. 
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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) of the 

6 Social Security Act (42 U.S.C. 672(a)(2)) is amended by 

7 striking paragraph (2) and inserting the following: 

8 ‘‘(2) the placement and care of a child under 

9 this section shall be the responsibility of— 

10 ‘‘(A) the State agency administering the 

11 State plan approved under section 471; 

12 ‘‘(B) any other public agency with which 

13 the State agency administering or supervising 

14 the administration of the State plan approved 

15 under section 471 has made an agreement that 

16 is in effect; or 

17 ‘‘(C) an Indian tribe (as defined in section 

18 479B(e)) or an intertribal consortium, if the In19 dian tribe or intertribal consortium— 

20 ‘‘(i) does not operate a program under 

21 section 479B; and 

22 ‘‘(ii)(I) has a cooperative agreement 

23 with a State under section 479B(c); or 

24 ‘‘(II) submits to the Secretary a de25 scription of the arrangements (jointly de26 veloped or developed in consultation with 
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1 the State) made by the Indian tribe or 

2 intertribal consortium for the payment of 

3 funds and the provision of the child wel4 fare services and protections required 

5 under this title;’’. 

6 (b) PROGRAMS OPERATED BY INDIAN TRIBAL ORGA7 NIZATIONS.—Part E of title IV of the Social Security Act 

8 (42 U.S.C. 670 et seq.) is amended by adding at the end 

9 the following: 

10 ‘‘SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL OR11 GANIZATIONS. 

12 ‘‘(a) DEFINITIONS OF INDIAN TRIBE; TRIBAL ORGA13 NIZATION.—In this section, the terms ‘Indian tribe’ and 

14 ‘tribal organization’ have the meanings given those terms 

15 in section 4 of the Indian Self-Determination and Edu16 cation Assistance Act (25 U.S.C. 450b). 

17 ‘‘(b) APPLICATION.—Except as provided in sub18 section (b), this part shall apply to an Indian tribe that 

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

20 manner as this part applies to a State. 

21 ‘‘(c) MODIFICATION OF PLAN REQUIREMENTS.— 

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

23 tribe submitting a plan for approval under section 

24 471, the plan shall— 
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1 ‘‘(A) in lieu of the requirement of section 

2 471(a)(3), identify any service area and popu3 lation 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 

6 homes in accordance with tribal standards and 

7 in a manner that ensures the safety of, and ac8 countability for, children placed in foster care. 

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

10 ‘‘(A) PER CAPITA INCOME.— 

11 ‘‘(i) IN GENERAL.—For purposes of 

12 determining the Federal medical assistance 

13 percentage applicable to an Indian tribe 

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

15 474(a), the calculation of the per capita in16 come of an Indian tribe shall be based on 

17 the service population of the Indian tribe 

18 as defined in the plan of the tribe, in ac19 cordance with paragraph (1)(A). 

20 ‘‘(ii) CONSIDERATION OF OTHER IN21 FORMATION.—Before making a calculation 

22 under clause (i), the Secretary shall con23 sider any information submitted by an In24 dian tribe that the Indian tribe considers 
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1 relevant to the calculation of the per capita 

2 income of the Indian tribe. 

3 ‘‘(B) ADMINISTRATIVE EXPENDITURES.—

4 The Secretary shall, by regulation, determine 

5 the proportions to be paid to Indian tribes pur6 suant to section 474(a)(3), except that in no 

7 case shall an Indian tribe receive a lesser pro8 portion than the corresponding amount speci9 fied for a State under that section. 

10 ‘‘(C) SOURCES OF NON-FEDERAL

11 SHARE.—An Indian tribe may use Federal or 

12 State funds to match payments for which the 

13 Indian tribe is eligible under section 474. 

14 ‘‘(3) MODIFICATION OF OTHER REQUIRE15 MENTS.—On the request of an Indian tribe, the Sec16 retary may modify any requirement under this part 

17 if, after consulting with the Indian tribe, the Sec18 retary determines that modification of the require19 ment would advance the best interests and the safety 

20 of children served by the Indian tribe. 

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

22 tribes of an intertribal consortium may develop and 

23 submit a single plan under section 471 that meets 

24 the requirements of this section. 

25 ‘‘(d) COOPERATIVE AGREEMENTS.— 
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1 ‘‘(1) IN GENERAL.—An Indian tribe or inter2 tribal consortium and a State may enter into a coop3 erative agreement for the administration or payment 

4 of funds under this part. 

5 ‘‘(2) EFFECT OF SECTION ON AGREEMENTS.—

6 If an Indian tribe or intertribal consortium and a 

7 State enter into a cooperative agreement that incor8 porates any of the provisions of this section, those 

9 provisions shall be valid and enforceable. 

10 ‘‘(3) PRIOR EXISTING AGREEMENTS.—A cooper11 ative agreement under paragraph (1) that is in ef12 fect as of the date of enactment of this section shall 

13 remain in full force and effect, subject to the right 

14 of either party to the agreement to revoke or modify 

15 the agreement pursuant to the terms of the agree16 ment. 

17 ‘‘(e) REGULATIONS.—Not later than 1 year after the 

18 date of enactment of this section, the Secretary, in con19 sultation with Indian tribes and tribal organizations, shall 

20 promulgate regulations to carry out this section.’’. 

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

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

23 Act, regardless of the date on which regulations are pro24 mulgated to carry out the amendments.

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