[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3307 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3307

 To prohibit any entity that receives Federal assistance from delaying 
 or denying the placement of a child into foster care or for adoption 
based on any difference between the race, color, or national origin of 
  the child and that of the prospective foster or adoptive parent or 
 parents if a prospective parent of the same race, color, or national 
                        origin is not available.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 19, 1993

Mr. Gutierrez introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To prohibit any entity that receives Federal assistance from delaying 
 or denying the placement of a child into foster care or for adoption 
based on any difference between the race, color, or national origin of 
  the child and that of the prospective foster or adoptive parent or 
 parents if a prospective parent of the same race, color, or national 
                        origin is not available.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Multiethnic Placement Act of 1993''.

SEC. 2. MULTIETHNIC PLACEMENTS.

    (a) Prohibition Against Discrimination Based on Differences in 
Race, Color, or National Origin.--In determining the placement of a 
child for foster care or adoption, in a case in which an individual of 
the same race, color, or national origin as the child is not available 
to be the parent of the child, an entity that receives Federal 
assistance may not give greater weight to any difference between the 
race, color, or national origin of the child and that of any 
prospective parent of the child than the entity gives to any other 
factor used in determining the best interests of the child.
    (b) Inapplicability to Placements Under the Indian Child Welfare 
Act of 1978.--Subsection (a) shall not apply to the placement of a 
child into foster care or for adoption under the Indian Child Welfare 
Act of 1978 (25 U.S.C. 1901 et seq.).
    (c) Private Right of Action.--Any individual aggrieved by a 
violation of subsection (a) by an entity may bring an action in the 
United States district court for the district in which the individual 
or the entity is located for damages and such other relief as the court 
may deem appropriate.

SEC. 3. DENIAL OF FEDERAL PAYMENTS FOR FOSTER CARE AND ADOPTION 
              ASSISTANCE IF STATE PROGRAM UNLAWFULLY DISCRIMINATES IN 
              CHILD PLACEMENT DECISIONS.

    (a) In General.--Section 471(a) of the Social Security Act (42 
U.S.C. 671(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (16);
            (2) by striking the period at the end of paragraph (17); 
        and
            (3) by adding at the end the following:
            ``(18) provides that the State agency, and any local agency 
        involved in the placement of children into foster care or for 
        adoption, will comply with section 2 of the Multiethnic 
        Placement Act of 1993.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to payments under part E of title IV of the Social Security Act 
for calendar quarters beginning after the date of the enactment of this 
Act.

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