age or older, petitions the court which entered the final
decree of adoption for the release of information regarding
the tribal affiliation, if any, of the adopted child’s biologi-
cal parents, the court shall disclose such information to
the petitioner and shall provide the petitioner with any
other identifying information as may be necessary to pro-
tect any rights flowing from an adopted Indian’s tribal
relationship.’’.
SEC. 13. RESUMPTION OF JURISDICTION OVER CHILD CUS-
TODY PROCEEDINGS.
Section 108 of the Indian Child Welfare Act of 1978
(25 U.S.C. 1918) is amended to read as follows:
‘‘SEC. 108. RESUMPTION OF JURISDICTION OVER CHILD
CUSTODY PROCEEDINGS.
‘‘(a) CHILDREN RESIDING OR DOMICILED WITHIN A
RESERVATION.—Where, pursuant to the provisions of the
Act of August 15, 1953 (67 Stat. 588), or pursuant to
any other Federal law, a State became vested with juris-
diction over child custody proceedings involving Indian
children who reside or are domiciled within the reservation
of an Indian tribe, such tribe may assume jurisdiction ex-
clusive as to any State over such child custody pro-
ceedings.
‘‘(b) WHEN AN INDIAN TRIBE DOES NOT HAVE A
RESERVATION.—Any Indian tribe that does not have a
reservation and as a result does not exercise exclusive ju-
risdiction under section 101(a) over child custody pro-
ceedings involving Indian children may assume jurisdic-
tion exclusive as to any State over child custody pro-
ceedings involving Indian children who reside or are domi-
ciled within the geographic area with regard to which the
tribe is authorized to enter into contracts under section
102 of the Indian Self-Determination and Education As-
sistance Act without regard for the reservation status of
the area affected.
‘‘(c) RESOLUTION
OF GOVERNING BODY.—Before
any Indian tribe may assume jurisdiction over Indian child
custody proceedings, such tribe shall present to the Sec-
retary a resolution of its governing body authorizing the
assumption of such jurisdiction. The governing body of an
Indian tribe referred to in subsection (b) shall include in
its jurisdiction assumption resolution a clear and definite
description of the territory over which jurisdiction is to
be assumed.
‘‘(d) PUBLICATION OF NOTICE.—Not later than 60
days after receipt of a jurisdiction assumption resolution
from the governing body of an Indian tribe, the Secretary
shall publish in the Federal Register a notice that includes
the resolution and informs the public of the tribe’s action.
The Secretary shall also notify the affected State or States
of such resolution. The Indian tribe concerned shall as-
sume jurisdiction 30 days after publication in the Federal
Register of the notice of the tribe’s resolution unless such
resolution specifies a later date.
‘‘(e) RETROCESSION OF JURISDICTION.—Any Indian
tribe that, pursuant to this section, has assumed jurisdic-
tion exclusive as to any State over child custody pro-
ceedings may retrocede such jurisdiction as it assumed to
any such State by presenting to the Secretary a resolution
of its governing body authorizing the retrocession of such
jurisdiction. Not later than 60 days after receipt of a juris-
diction retrocession resolution from the governing body of
an Indian tribe, the Secretary shall publish in the Federal
Register a notice that includes the resolution and informs
the public of the tribe’s action. The Secretary shall also
notify the affected State or States of such resolution. The
retrocession of jurisdiction shall take effect 30 days after
publication in the Federal Register of the notice of the
tribe’s resolution unless such resolution specifies a later
date. Nothing in this subsection shall affect the right of
any Indian tribe to assume jurisdiction, pursuant to this
section, subsequent to a retrocession of such jurisdiction.
‘‘(f) EFFECT ON CERTAIN ACTIONS.—Assumption or
retrocession of jurisdiction under this section shall not af-
fect any action or proceeding over which a court has al-
ready assumed jurisdiction, except as may be provided in
an order of such court or pursuant to any agreement
under section 109.’’.
SEC. 14. FRAUDULENT REPRESENTATION; VISITATION.
Title I of the Indian Child Welfare Act of 1978 (25
U.S.C. 1911 et seq.) is amended by adding at the end
the following new sections:
‘‘SEC. 114. FRAUDULENT REPRESENTATION.
‘‘(a) IN GENERAL.—With respect to any proceeding
subject to this Act involving an Indian child or a child
who may be considered to be an Indian child for purposes
of this Act, a person, other than a birth parent of the
child, shall, upon conviction, be subject to a criminal sanc-
tion under subsection (b) if that person knowingly and
willfully—
‘‘(1) falsifies, conceals, or covers up by any
trick, scheme, or device, a material fact concerning
whether, for purposes of this Act—
‘‘(A) a child is an Indian child; or
‘‘(B) a parent is an Indian;
‘‘(2)(A) makes any false, fictitious, or fraudu-
lent statement, omission, or representation; or
‘‘(B) falsifies a written document knowing that
the document contains a false, fictitious, or fraudu-
lent statement or entry relating to a material fact
described in paragraph (1); or
‘‘(3) assists any person in physically removing
a child from the United States in order to obstruct
the application of this Act.
‘‘(b) CRIMINAL SANCTIONS.—The criminal sanctions
for a violation referred to in subsection (a) are as follows:
‘‘(1) For an initial violation, a person shall be
fined in accordance with section 3571 of title 18,
United States Code, or imprisoned not more than 1
year, or both.
‘‘(2) For any subsequent violation, a person
shall be fined in accordance with section 3571 of
title 18, United States Code, or imprisoned not more
than 5 years, or both.
‘‘SEC. 115. VISITATION.
‘‘Notwithstanding any other provision of law (includ-
ing any State law)—
‘‘(1) a court may approve, if in the best inter-
ests of an Indian child, as part of an adoption de-
cree of that Indian child, an agreement that states
that a birth parent, an extended family member, or
the tribe of the Indian child shall have an enforce-
able right of visitation or continued contact with the
Indian child after the entry of a final decree of
adoption; and
‘‘(2) the failure to comply with any provision of
a court order concerning the continued visitation or
contact referred to in paragraph (1) shall not be
considered to be grounds for setting aside a final de-
cree of adoption.’’.
SEC. 15. DEFINITIONS.
Section 4 of the Indian Child Welfare Act of 1978
(25 U.S.C. 1903) is amended—
(1) in paragraph (3), by inserting before the
semicolon at the end the following: ‘‘, or for pur-
poses of section 107, any person who is seeking to
determine eligibility for tribal membership’’;
(2) by amending paragraphs (4) and (5) to
read as follows:.
‘‘(4) ‘Indian child’ means any unmarried person
who is less than 18 years of age and—
‘‘(A) is a member of an Indian tribe;
‘‘(B) is eligible for membership in an In-
dian tribe; or
‘‘(C) if the child is not a member of or eli-
gible for membership in an Indian tribe, the
child is a child or grandchild of a member of an