I
105TH CONGRESS
1ST SESSION
H. R. 261
To amend part E of title IV of the Social Security Act to provide for
Federal funding of foster care and adoption assistance programs of
Indian tribes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. RICHARDSON 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 for Federal funding of foster care and adop-
tion assistance programs of Indian tribes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AUTHORITY OF INDIAN TRIBES TO RECEIVE
FEDERAL FUNDS FOR FOSTER CARE AND
ADOPTION ASSISTANCE.
(a) CHILDREN PLACED BY TRIBAL COURTS ELIGI-
BLE FOR FOSTER CARE FUNDING.—Section 472(a)(2) of
the Social Security Act (42 U.S.C. 672(a)(2)) is amend-
ed—
(1) by striking ‘‘or (B)’’ and inserting ‘‘(B)’’;
and
(2) by inserting ‘‘, or (C) in the case of an In-
dian child (as defined by section 4(4) of the Indian
Child Welfare Act (25 U.S.C. 1983(4)), the Indian
child’s tribe (as defined in sections 4(5) and (8) of
the Indian Child Welfare Act (25 U.S.C. 1903(5)
and (8)))’’ before the semicolon.
(b) Part E of title IV of such Act (42 U.S.C. 670–
679) is amended by inserting after section 477 the follow-
ing:
PAYMENTS TO INDIAN TRIBAL ORGANIZATIONS
‘‘SEC. 478. (a) Except as provided in subsection (b),
the provisions of this part shall apply to Indian tribes in
the same manner as such provisions apply to the States.
‘‘(b)(1)(A) Section 471(a)(10) shall not apply to an
Indian tribe.
‘‘(B) The plan required of an Indian tribe by section
471 shall provide for the approval of foster homes consist-
ent with tribal standards and the Indian Child Welfare
Act (25 U.S.C. 1901 et seq.), in a manner that ensures
accountability for children placed in foster care.
‘‘(2)(A) Each percentage specified in section
474(a)(3) is deemed to be 100 percent in the case of an
Indian tribe, except that the overall percentage of expendi-
tures paid by the Secretary under this part of an Indian
tribe shall not exceed the overall percentage of expendi-
tures paid under this part of the State in which the Indian
tribe’s reservation is predominantly located.
‘‘(B) An Indian tribe may use Federal or State funds
to match payments for which the Indian tribe is eligible
under section 474.
‘‘(C)(i) The Secretary shall increase the percentage
of an Indian tribe’s expenditures otherwise required to be
paid by the Secretary under section 474 upon a showing
by the Indian tribe that the Indian tribe does not have
adequate financial resources to provide the required match
due to a lack of comparable Federal and State funds, inad-
equate tribal resources, an inadequate tribal tax base, or
any other factor giving rise to financial hardship.
‘‘(ii) If the Secretary exercises the authority provided
by clause (i) with respect to an Indian tribe, the Secretary
may review and approve the payment schedule of the In-
dian tribe for foster families and child-care institutions,
and the payment schedule for adoption assistance agree-
ments, except that the Secretary may not disapprove any
schedule which proposes payments at a level that does not
exceed those provided by the State in which the Indian
tribe’s reservation is predominantly located.
‘‘(3) Notwithstanding any other provision of this
part, a tribe and a State may enter into a cooperative
agreement for the administration or payment of funds
pursuant to this part. Any such agreement that is in effect
as of the effective date of this section shall remain in full
force and effect subject to the right of either party to re-
voke or modify the agreement pursuant to its terms.
‘‘(4) The Secretary may waive any term or condition
under this part that is not specified or provided for in
this subsection and that would otherwise apply to an In-
dian tribe if the Secretary, after consulting with the af-
fected tribe, determines that the term or condition violates
or is inconsistent with the tribe’s constitution, ordinances,
customs, religious practices, or traditions, and that the
tribe has in place comparable provisions to ensure ac-
countability under this part.
‘‘(c) For purposes of this part, the term ‘Indian tribe’
means any Indian tribe, band, nation, or organized group
or community of Indians, including any Alaska Native vil-
lage which is recognized as eligible for the special pro-
grams and services provided by the United States to Indi-
ans because of their status as Indians.’’.
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