‘‘(i) the intent of the Indian tribe not to inter-
vene in the proceeding; or
‘‘(ii) the determination by the Indian tribe
that—
‘‘(I) the child involved is not a member of,
or is not eligible for membership in, the Indian
tribe; or
‘‘(II) neither parent of the child is a mem-
ber of the Indian tribe.
‘‘(3) If an Indian tribe files a motion for intervention
in a State court under this subsection, the Indian tribe
shall submit to the court, at the same time as the Indian
tribe files that motion, a certification that includes a state-
ment that documents, with respect to the Indian child in-
volved, the membership or eligibility for membership of
that Indian child in the Indian tribe under applicable trib-
al law.
‘‘(f) Any act or failure to act of an Indian tribe under
subsection (e) shall not—
‘‘(1) affect any placement preference or other
right of any individual under this Act;
‘‘(2) preclude the Indian tribe of the Indian
child that is the subject of an action taken by the
Indian tribe under subsection (e) from intervening in
a proceeding concerning that Indian child if a pro-
posed adoptive placement of that Indian child is
changed after that action is taken; or
‘‘(3) except as specifically provided in sub-
section (e), affect the applicability of this Act.
‘‘(g) Notwithstanding any other provision of law, no
proceeding for a voluntary termination of parental rights
or adoption of an Indian child may be conducted under
applicable State law before the date that is 30 days after
the Indian child’s tribe receives notice of that proceeding
that was provided in accordance with the requirements of
subsections (c) and (d).
‘‘(h) Notwithstanding any other provision of law (in-
cluding 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 the Indian child, an agreement that states
that a birth parent, an extended family member, or
the Indian child’s tribe shall have an enforceable
right of visitation or continued contact with the In-
dian child after the entry of a final decree of adop-
tion; 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. 9. FRAUDULENT REPRESENTATION.
Title I of the Indian Child Welfare Act of 1978 is
amended by adding at the end the following new section:
‘‘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; or
‘‘(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).
‘‘(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.’’.
Æ