I
107TH CONGRESS
1ST SESSION
H. R. 2335
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 HOUSE OF REPRESENTATIVES
JUNE 27, 2001
Mr. CAMP (for himself, Mr. HAYWORTH, Mr. KILDEE, and Mr. BONIOR) intro-
duced 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 equitable access for foster care and adoption
services for Indian children in tribal areas.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Indian and Alaska Na-
tive Foster Care and Adoption Services Amendments of
2001’’.
SEC. 2. AUTHORITY OF INDIAN TRIBES TO RECEIVE FED-
ERAL FUNDS FOR FOSTER CARE AND ADOP-
TION ASSISTANCE.
(a) CHILDREN PLACED IN TRIBAL CUSTODY ELIGI-
BLE FOR FOSTER CARE FUNDING.—Section 472(a)(2) of
the Social Security Act (42 U.S.C. 672(a)(2)) is
amended—
(1) by striking ‘‘or (B)’’ and inserting ‘‘(B)’’;
and
(2) by inserting before the semicolon the fol-
lowing: ‘‘, or (C) an Indian tribe (as defined in sec-
tion 479B(e)) or an intertribal consortium if the In-
dian tribe or consortium is not operating a program
pursuant to section 479B and (i) has a cooperative
agreement with a State pursuant to section 479B(c)
or (ii) submits to the Secretary a description of the
arrangements (jointly developed or developed in con-
sultation with the State) made by the Indian tribe
or consortium for the payment of funds and the pro-
vision of the child welfare services and protections
required by this title’’.
(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) APPLICATION.—Except as provided in sub-
section (b), this part shall apply to an Indian tribe that
elects to operate a program under this part in the same
manner as this part applies to a State.
‘‘(b) MODIFICATION OF PLAN REQUIREMENTS.—
‘‘(1) IN GENERAL.—In the case of an Indian
tribe submitting a plan for approval under section
471, the plan shall—
‘‘(A) in lieu of the requirement of section
471(a)(3), identify the service area or areas and
population to be served by the Indian tribe; and
‘‘(B) in lieu of the requirement of section
471(a)(10), provide for the approval of foster
homes pursuant to tribal standards and in a
manner that ensures the safety of, and account-
ability for, children placed in foster care.
‘‘(2) DETERMINATION OF FEDERAL SHARE.—
‘‘(A) PER CAPITA INCOME.—
‘‘(i) IN
GENERAL.—For purposes of
determining the Federal medical assistance
percentage applicable to an Indian tribe
under paragraphs (1) and (2) of section
474(a), the calculation of an Indian tribe’s
per capita income shall be based upon the
service population of the Indian tribe as
defined in its plan in accordance with
paragraph (1)(A).
‘‘(ii) CONSIDERATION OF OTHER IN-
FORMATION.—An Indian tribe may submit
to the Secretary such information as the
Indian tribe considers relevant to the cal-
culation of the per capita income of the In-
dian tribe, and the Secretary shall consider
such information before making the cal-
culation.
‘‘(B) ADMINISTRATIVE
EXPENDITURES.—
The Secretary shall, by regulation, determine
the proportions to be paid to Indian tribes pur-
suant to section 474(a)(3), except that in no
case shall an Indian tribe receive a lesser pro-
portion than the corresponding amount speci-
fied for a State in that section.
‘‘(C) 
SOURCES
OF
NON-FEDERAL
SHARE.—An Indian tribe may use Federal or
State funds to match payments for which the
Indian tribe is eligible under section 474.
‘‘(3) MODIFICATION
OF
OTHER
REQUIRE-
MENTS.—Upon the request of an Indian tribe or
tribes, the Secretary may modify any requirement
under this part if, after consulting with the Indian
tribe or tribes, the Secretary determines that modi-
fication of the requirement would advance the best
interests and the safety of children served by the In-
dian tribe or tribes.
‘‘(4) CONSORTIUM.—The participating Indian
tribes of an intertribal consortium may develop and
submit a single plan under section 471 that meets
the requirements of this section.
‘‘(c) COOPERATIVE AGREEMENTS.—An Indian tribe
or intertribal consortium and a State may enter into a
cooperative agreement for the administration or payment
of funds pursuant to this part. In any case where an In-
dian tribe or intertribal consortium and a State enter into
a cooperative agreement that incorporates any of the pro-
visions of this section, those provisions shall be valid and
enforceable. Any such cooperative agreement that is in ef-
fect as of the date of enactment of this section, shall re-
main 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.
‘‘(d) REGULATIONS.—Not later than 1 year after the
date of enactment of this section, the Secretary shall, in
full consultation with Indian tribes and tribal organiza-
tions, promulgate regulations to carry out this section.
‘‘(e) DEFINITIONS OF INDIAN TRIBE; TRIBAL ORGA-
NIZATIONS.—In this section, the terms ‘Indian tribe’ and
‘tribal organization’ have the meanings given those terms
in subsections (e) and (l) of section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b), respectively.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section take effect on the date of enactment of this
Act without regard to regulations to implement such
amendments being promulgated by such date.
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