[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 261 Introduced in House (IH)]







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 adoption assistance programs of 
                             Indian tribes.

    Be it enacted by the Senate and House of Representatives 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 Eligible 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 ``, or (C) in the case of an Indian 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 following:

                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 consistent 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 expenditures paid by the Secretary under this 
part of an Indian tribe shall not exceed the overall percentage of 
expenditures 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, 
inadequate 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 Indian tribe for foster families 
and child-care institutions, and the payment schedule for adoption 
assistance agreements, 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 revoke 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 Indian tribe if the Secretary, after consulting 
with the affected 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 accountability 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 village which is recognized as eligible for 
the special programs and services provided by the United States to 
Indians because of their status as Indians.''.
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