[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2335 Introduced in House (IH)]
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)
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
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. SHORT TITLE.
This Act may be cited as the ``Indian and Alaska Native Foster Care
and Adoption Services Amendments of 2001''.
SEC. 2. 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(e)) or an
intertribal consortium if the Indian 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 consultation
with the State) made by the Indian tribe or consortium 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:
``SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS.
``(a) Application.--Except as provided in subsection (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 accountability 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
information.--An Indian tribe may submit to the
Secretary such information as the Indian tribe
considers relevant to the calculation of the
per capita income of the Indian tribe, and the
Secretary shall consider such information
before making the calculation.
``(B) Administrative expenditures.--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 the corresponding amount
specified 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 requirements.--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
modification of the requirement would advance the best
interests and the safety of children served by the Indian 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 Indian tribe or intertribal consortium and a State enter into
a cooperative agreement that incorporates any of the provisions of this
section, those provisions shall be valid and enforceable. Any such
cooperative agreement that is in effect as of the date of enactment of
this section, shall remain 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 organizations, promulgate regulations to
carry out this section.
``(e) Definitions of Indian Tribe; Tribal Organizations.--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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