[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3275 Introduced in House (IH)]


104th CONGRESS
  2d Session
                                H. R. 3275

 To amend the Indian Child Welfare Act to exempt from coverage of the 
 Act child custody proceedings involving a child whose parents do not 
 maintain significant social, cultural, or political affiliation with 
  the tribe of which the parents are members, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 18, 1996

 Ms. Pryce (for herself and Mr. Tiahrt) introduced the following bill; 
            which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Indian Child Welfare Act to exempt from coverage of the 
 Act child custody proceedings involving a child whose parents do not 
 maintain significant social, cultural, or political affiliation with 
  the tribe of which the parents are members, and for other purposes.

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

SECTION 1. INAPPLICABILITY OF THE INDIAN CHILD WELFARE ACT OF 1978 TO 
              CHILD CUSTODY PROCEEDINGS INVOLVING A CHILD WHOSE PARENTS 
              DO NOT MAINTAIN AFFILIATION WITH THEIR INDIAN TRIBE.

    Title I of the Indian Child Welfare Act (25 U.S.C. 1911 et seq.) is 
amended by adding at the end the following:
    ``Sec. 114. (a) This title does not apply to any child custody 
proceeding involving a child who does not reside or is not domiciled 
within a reservation unless--
            ``(1) at least one of the child's biological parents is of 
        Indian descent; and
            ``(2) at least one of the child's biological parents 
        maintains significant social, cultural, or political 
        affiliation with the Indian tribe of which either parent is a 
        member.
    ``(b) The factual determination as to whether a biological parent 
maintains significant social, cultural, or political affiliation with 
the Indian tribe of which either parent is a member shall be based on 
such affiliation as of the time of the child custody proceeding.
    ``(c) The determination that this title does not apply pursuant to 
subsection (a) is final, and, thereafter, this title shall not be the 
basis for determining jurisdiction over any child custody proceeding 
involving the child.''.

SEC. 2. MEMBERSHIP AND CHILD CUSTODY PROCEEDINGS.

    Title I of the Indian Child Welfare Act (25 U.S.C. 1911 et seq.), 
as amended by section 1 of this Act, is further amended by adding at 
the end the following:
    ``Sec. 115. (a) A person who attains the age of 18 years before 
becoming a member of an Indian tribe may become a member of an Indian 
tribe only upon the person's written consent.
    ``(b) For the purposes of any child custody proceeding involving an 
Indian child, membership in an Indian tribe shall be effective from the 
actual date of admission to membership in the Indian tribe and shall 
not be given retroactive effect.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date of 
the enactment of this Act and shall apply with respect to any child 
custody proceeding in which a final decree has not been entered as of 
such date.
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