SEC. 2. EQUITABLE ACCESS FOR FOSTER CARE AND ADOP-
TION SERVICES FOR INDIAN CHILDREN IN 
TRIBAL AREAS. 
(a) AUTHORITY FOR INDIAN TRIBES TO RECEIVE 
DIRECT
FEDERAL
TITLE
IV–E 
FUNDS.—Section 
472(a)(2)(B) of the Social Security Act (42 U.S.C. 
672(a)(2)(B)) is amended— 
(1) in clause (i), by striking ‘‘or’’ at the end; 
(2) in clause (ii), by striking ‘‘and’’ after the 
semicolon and inserting ‘‘or’’; and 
(3) by adding at the end the following: 
‘‘(iii) an Indian tribe or a tribal orga-
nization (as defined in section 479B(a)) or 
a tribal consortium, if the Indian tribe, 
tribal organization, or tribal consortium— 
‘‘(I) operates a program under 
section 479B; 
‘‘(II) has a cooperative agree-
ment with a State under section 
479B(d); or 
‘‘(III) submits to the Secretary a 
description 
of 
the 
arrangements 
(jointly developed in consultation with 
the State) made by the Indian tribe or 
tribal consortium for the payment of 
funds and the provision of the child 
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welfare services and protections re-
quired by this title; and’’. 
(b) PROGRAMS OPERATED BY INDIAN TRIBAL ORGA-
NIZATIONS.—Part E of title IV of the Social Security Act 
(42 U.S.C. 670 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL OR-
GANIZATIONS. 
‘‘(a) DEFINITIONS OF INDIAN TRIBE; TRIBAL ORGA-
NIZATIONS.—In this section: 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the terms ‘Indian tribe’ and ‘tribal orga-
nization’ have the meanings given those terms in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b). 
‘‘(2) SPECIAL RULE FOR ALASKAN TRIBES.— 
The term ‘Indian tribe’ means, with respect to the 
State of Alaska, only the Metlakatla Indian Commu-
nity of the Annette Islands Reserve and the fol-
lowing Alaska Native regional nonprofit corpora-
tions: (A) Artice Slope Native Association. (B) 
Kawerak, Inc. (C) Maniilaq Association. (D) Asso-
ciation of Village Council Presidents. (E) Tanana 
Chiefs Conference. (F) Cook Inlet Tribal Council. 
(G) Bristol Bay Native Association. (H) Aleutian 
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and Pribilof Island Association. (I) Chugachmuit. 
(J) Tlingit Haida Central Council. (K) Kodiak Area 
Native Association. (L) Cooper River Native Asso-
ciation. 
‘‘(b) APPLICATION.—Except as provided in sub-
sections (c) and (e), this part shall apply to an Indian 
tribe, tribal organization, or a tribal consortium that elects 
to operate a program under this part in the same manner 
as this part applies to a State. 
‘‘(c) MODIFICATION OF PLAN AND OTHER REQUIRE-
MENTS.— 
‘‘(1) IN GENERAL.—In the case of an Indian 
tribe, a tribal organization, or a tribal consortium 
submitting a plan for approval under section 471, 
the plan— 
‘‘(A) shall— 
‘‘(i) in lieu of the requirements of sec-
tion 471(a)(3), identify the service area or 
areas and population to be served by the 
Indian tribe, tribal organization, or tribal 
consortium; and 
‘‘(ii) in lieu of the requirements of 
section 471(a)(10), provide for the estab-
lishment and application of standards for 
foster family homes and child care institu-
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tions pursuant to tribal standards and in a 
manner that ensures the safety of, and ac-
countability for, children placed in foster 
care; and 
‘‘(B) may, at the option of the Indian 
tribe, tribal organization, or tribal consortium, 
in 
lieu 
of 
the 
requirements 
of 
section 
471(a)(20), provide procedures for conducting 
background checks in accordance with the re-
quirements of section 408 of the Indian Child 
Protection and Family Violence Prevention Act 
(25 U.S.C. 3207) and regulations issued there-
under, and for conducting checks of child abuse 
and neglect registries maintained by the Fed-
eral government, by a State, and by an Indian 
tribe, tribal organization, or tribal consortium 
in a manner that ensures the safety of, and ac-
countability for, children placed in foster care 
or who are being placed for adoption. 
‘‘(2) DETERMINATION
OF
FEDERAL
SHARE; 
SOURCES OF NON-FEDERAL SHARE.— 
‘‘(A) PER CAPITA INCOME.— 
‘‘(i) IN
GENERAL.—For purposes of 
determining the Federal medical assistance 
percentage applicable to an Indian tribe, a 
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tribal organization, or a tribal consortium 
under paragraphs (1) and (2) of section 
474(a) (and for purposes of payments 
made under an arrangement described in 
section 472(a)(2)(B)(iii)(III)), the calcula-
tion of the per capita income of the Indian 
tribe, tribal organization, or tribal consor-
tium shall be based upon the service popu-
lation of the Indian tribe, tribal organiza-
tion, or tribal consortium as defined in the 
plan of the Indian tribe, tribal organiza-
tion, tribal consortium, in accordance with 
paragraph (1)(A), except that in no case 
shall an Indian tribe, a tribal organization, 
or a tribal consortium receive less than the 
Federal medical assistance percentage for 
any State in which the tribe is located. 
‘‘(ii) CONSIDERATION OF OTHER IN-
FORMATION.—Before making a calculation 
under clause (i), the Secretary shall con-
sider any information submitted by an In-
dian tribe, a tribal organization, or a tribal 
consortium that the Indian tribe, tribal or-
ganization, or tribal consortium considers 
relevant to making the calculation of the 
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per capita income of the Indian tribe, trib-
al organization, or tribal consortium. 
‘‘(B) ADMINISTRATIVE, 
TRAINING, 
AND 
DATA COLLECTION EXPENDITURES.—The Sec-
retary shall, by regulation, determine the pro-
portions to be paid to Indian tribes, tribal orga-
nizations, and tribal consortiums pursuant to 
section 474(a)(3) for purposes of this section 
(and for purposes of payments made under an 
arrangement 
described 
in 
section 
472(a)(2)(B)(iii)(III)), except that in no case 
shall an Indian tribe, a tribal organization, or 
a tribal consortium receive a lesser proportion 
than the corresponding amount specified for a 
State in that section. 
‘‘(C) 
SOURCES
OF
NON-FEDERAL 
SHARE.—An Indian tribe, tribal organization, 
or tribal consortium may use Federal, State, 
tribal, or private funds, which may be in kind, 
fairly evaluated, including plant, equipment, ad-
ministration, and services, to match payments 
for which the tribe, organization, or consortium 
is eligible under section 474. 
‘‘(3) MODIFICATION
OF
OTHER
REQUIRE-
MENTS.—On the request of an Indian tribe, tribal 
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‘‘(3) PRIOR AGREEMENTS IN EFFECT.—Any co-
operative agreement described in paragraph (1) that 
is in effect as of the date of enactment of this sec-
tion, shall remain in full force and effect subject to 
the right of either party to the agreement to revoke 
or modify the agreement pursuant to the terms of 
the agreement. 
‘‘(e) JOHN H. CHAFEE FOSTER CARE INDEPEND-
ENCE PROGRAM.—Except as provided in section 477(j), 
subsection (b) shall not apply with respect to the John 
H. Chafee Foster Care Independence Program established 
under section 477 (or with respect to payments made 
under section 474(a)(4) or grants made under section 
474(e)).’’. 
(c) APPLICATION
OF FEDERAL MATCHING RATE 
THAT WOULD APPLY TO INDIAN TRIBES, TRIBAL ORGA-
NIZATIONS, OR TRIBAL CONSORTIA TO EXPENDITURES 
UNDER STATE AGREEMENTS OR AN AGREEMENT WITH 
THE SECRETARY.— 
(1) FOSTER CARE MAINTENANCE AND ADOP-
TION ASSISTANCE PAYMENTS.—Paragraphs (1) and 
(2) of section 474(a) of the Social Security Act (42 
U.S.C. 674(a)) are each amended by inserting ‘‘(or, 
with respect to such payments made during such 
quarter under an agreement entered into by the 
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State and an Indian tribe, tribal organization, or 
tribal consortium, or under an arrangement de-
scribed in section 472(a)(2)(B)(iii)(III), an amount 
equal to the Federal medical assistance percentage 
that would apply under subsection (c)(2)(A) of sec-
tion 479B (in this paragraph referred to as the ‘trib-
al FMAP’) if such Indian tribe, tribal organization, 
or tribal consortium made such payments under a 
program operated under that section, unless the 
tribal FMAP is less than the Federal medical assist-
ance percentage that applies to the State)’’ before 
the semicolon. 
(2) ADMINISTRATIVE EXPENDITURES.—Section 
474(a)(3) of such Act (42 U.S.C. 674(a)(3)) is 
amended— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘section 472(i)’’ and inserting 
‘‘subparagraph (E) and section 472(i)’’; 
(B) in subparagraph (D), by striking 
‘‘and’’ at the end; 
(C) by redesignating subparagraph (E) as 
subparagraph (F); and 
(D) by inserting after subparagraph (D), 
the following new subparagraph: 
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‘‘(E) in the case of a State that has en-
tered into an agreement with an Indian tribe, 
tribal organization, or tribal consortium (or an 
Indian tribe, tribal organization, or tribal con-
sortium with an arrangement described in sec-
tion 472(a)(2)(B)(iii)(III)), an amount equal to 
the proportions that would be paid to such 
tribe, organization, or consortium pursuant to 
regulations issued under section 479B(c)(2)(B) 
if the tribe, organization, or consortium oper-
ated a program under that section; and’’. 
(d) HOLD HARMLESS FOR INDIAN FAMILIES RE-
CEIVING FOSTER CARE MAINTENANCE PAYMENTS
OR 
ADOPTION ASSISTANCE.—Nothing in the amendments 
made by this Act shall be construed as authorization to 
terminate funding to any Indian or Indian family cur-
rently receiving foster care maintenance payments or 
adoption assistance on behalf of a child and for which the 
State receives Federal matching payments under para-
graph (1) or (2) of section 474(a) of the Social Security 
Act (42 U.S.C. 674(a)), regardless of whether a coopera-
tive agreement between the State and an Indian tribe, 
tribal organization, or tribal consortium is in effect pursu-
ant to subsection (d) of section 479B of such Act, or an 
Indian tribe, tribal organization, or tribal consortium 
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elects to operate a foster care and adoption assistance pro-
gram directly under such section 479B. 
(e) NONAPPLICATION OF CERTAIN ELIGIBILITY RE-
QUIREMENTS FOR INDIAN CHILDREN.—Section 472(a) of 
the Social Security Act (42 U.S.C. 672(a)) is amended 
by adding at the end the following new paragraph: 
‘‘(5) NONAPPLICATION OF CERTAIN REQUIRE-
MENTS FOR INDIAN CHILDREN.—In the case of an 
Indian tribe, tribal organization, or tribal consortium 
that assumes responsibility for administering the 
program under this part through a cooperative 
agreement with the State under subsection (d) of 
section 479B, or that elects to operate a foster care 
and adoption assistance program directly under sec-
tion 479B, the following rules shall apply: 
‘‘(A) USE OF AFFIDAVITS, ETC.—The re-
quirement in paragraph (1) shall not be inter-
preted so as to prohibit the use of affidavits or 
nunc pro tunc orders as verification documents 
in support of the reasonable efforts and con-
trary to the welfare of the child judicial deter-
minations required under such paragraph. 
‘‘(B) RESIDENCY REQUIREMENT IMPOSED 
UNDER
AFDC
STATE
PLAN.—Notwithstanding 
paragraph (3)(A), any residency requirement 
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imposed under the State plan referred to in 
such paragraph shall not apply with respect to 
a child for whom an Indian tribe, tribal organi-
zation, or tribal consortium assumes responsi-
bility.’’. 
(f) AUTHORITY TO RECEIVE PORTION OF STATE AL-
LOTMENT AS PART OF AN AGREEMENT TO OPERATE THE 
JOHN H. CHAFEE FOSTER CARE INDEPENDENCE PRO-
GRAM.— 
(1) IN GENERAL.—Section 477 of such Act (42 
U.S.C. 677) is amended by adding at the end the 
following new subsection: 
‘‘(j) AUTHORITY FOR AN INDIAN TRIBE, TRIBAL OR-
GANIZATION, OR TRIBAL CONSORTIUM TO RECEIVE AN 
ALLOTMENT.— 
‘‘(1) IN GENERAL.—An Indian tribe, tribal or-
ganization, or tribal consortium with a plan ap-
proved under section 479B, which is receiving fund-
ing to provide foster care under this part pursuant 
to a cooperative agreement with a State, or that pro-
vides child welfare services and protections in ac-
cordance with an arrangement submitted to the Sec-
retary under section 472(a)(2)(B)(iii)(III), may 
apply for an allotment out of any funds authorized 
by paragraph (1) or (2) (or both) of subsection (h). 
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