[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1478 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1478

   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 SENATE OF THE UNITED STATES

                             August 3, 1999

 Mr. Daschle (for himself, Mr. McCain, and Mr. Inouye) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 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 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 in Tribal Custody 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 before the semicolon the following: ``, or 
        (C) an Indian tribe as defined in section 479B(b)(5), in the 
        case of an Indian child (as defined in section 4(4) of the 
        Indian Child Welfare Act of 1978 (25 U.S.C. 1903(4))) if the 
        tribe is not operating a program pursuant to section 479B and 
        (i) has an agreement with a State pursuant to section 
        479B(b)(3) or (ii) submits to the Secretary a description of 
        the arrangements, jointly developed or in consultation with the 
        State, made for the payment of funds and the provision of the 
        child welfare services and protections required by this 
        title''.
    (b) Programs Operated By Indian Tribal Organizations.--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:

           ``programs operated by indian tribal organizations

    ``Sec. 479B. (a) Except as provided in subsection (b), this part 
shall apply to an Indian Tribe that chooses to operate a program under 
this part in the same manner as this part applies to a State.
    ``(b)(1) 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 
        accountability for, children placed in foster care.
    ``(2)(A)(i) 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.
    ``(ii) An Indian tribe may submit to the Secretary such information 
as the tribe considers may be relevant to making the calculation of the 
per capita income of the tribe, and the Secretary shall consider such 
information before making the calculation.
    ``(B) The Secretary shall, by regulation, determine the proportions 
to be paid to Indian tribes pursuant to section 474(a)(3), except that 
in no case shall an Indian tribe receive a lesser proportion than 
specified for States in that section.
    ``(C) An Indian tribe may use Federal or State funds to match 
payments for which the Indian tribe is eligible under section 474.
    ``(3) An Indian 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 date of the 
enactment 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 prescribe regulations that alter or waive 
any requirement under this part with respect to an Indian tribe or 
tribes if the Secretary, after consulting with the tribe or tribes--
            ``(A) determines that the strict enforcement of the 
        requirement would not advance the best interests and the safety 
        of children served by the Indian tribe or tribes; and
            ``(B) provides in the regulations that tribal plans include 
        alternative provisions that would achieve the purposes of the 
        requirement that is to be altered or waived.
    ``(5) For purposes of this section, the term `Indian tribe' means 
any Indian tribe, band, nation, or organized group or community of 
Indians, including any Alaska Native village, that is recognized as 
eligible for the special programs and services provided by the United 
States to Indians because of their status as Indians.
    ``(6) Nothing in this section shall preclude the development and 
submission of a single plan under section 471 that meets the 
requirements of this section by the participating Indian tribes of an 
intertribal consortium.''.
    (c) Effective Date.--The amendments made by this Act take effect on 
the date of enactment of this Act.
                                 <all>