[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2644 Introduced in House (IH)]

  1st Session
                                H. R. 2644

 To make technical amendments to the Indian Child Welfare Act of 1978.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2001

   Mr. Young of Alaska (for himself, Mr. Hayworth, Mr. Camp, and Mr. 
   Cannon) introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To make technical amendments to the Indian Child Welfare Act of 1978.

    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 Child Welfare Act Amendments 
of 2001''.

SEC. 2. JURISDICTION OVER CHILD CUSTODY AND CHILD ADOPTION PROCEEDINGS.

    Section 101(a) of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1911(a)) is amended--
            (1) by inserting ``(1)'' after ``(a)''; and
            (2) by striking the last sentence and inserting the 
        following:
    ``(2) An Indian tribe shall retain exclusive jurisdiction over any 
involuntary child custody proceeding that involves an Indian child, 
notwithstanding the residence or domicile of the Indian child, in any 
case in which the Indian child--
            ``(A) is a ward of a tribal court of that Indian tribe; or
            ``(B) after a transfer of jurisdiction is carried out under 
        subsection (b), becomes a ward of a tribal court of that Indian 
        tribe.
    ``(3) An Indian tribe shall retain exclusive jurisdiction over any 
voluntary child custody proceeding that involves an Indian child, 
notwithstanding any subsequent change in the residence or domicile of 
the Indian child, in any case in which the Indian child--
            ``(A) resides or is domiciled within the reservation of 
        that Indian tribe and is a ward of a tribal court of that 
        Indian tribe; or
            ``(B) after a transfer of jurisdiction is carried out under 
        subsection (b), becomes a ward of a tribal court of that Indian 
        tribe.
    ``(4) The provisions of this subsection and subsection (b) shall 
apply to any child custody proceeding which became subject to 
concurrent State jurisdiction pursuant to the Act of August 15, 1953, 
or any other Federal law.
    ``(5) Subject to section 108, subsection (b) of this section, and 
paragraphs (2) and (3) of this subsection, but notwithstanding the 
existence or absence of a reservation in Alaska, Indian tribes in 
Alaska shall have concurrent jurisdiction with the State of Alaska over 
child custody proceedings involving Indian children who reside or are 
domiciled within the State of Alaska.
    ``(6) Notwithstanding paragraph (5) and subject to section 109, any 
person seeking to adopt an Indian child in an Alaska State court may, 
at any time, petition the tribal court of the Indian child's tribe to 
approve the adoption and, upon said tribal court agreeing to hear and 
determine the petition, the adoptive placement proceedings shall be 
within the exclusive jurisdiction of the Indian child's tribe.
    ``(7) Nothing in paragraph (5) shall affect--
            ``(A) the right of any Indian tribe in Alaska to exercise 
        jurisdiction pursuant to subsection (b) over any Indian child 
        who resides or is domiciled outside the State of Alaska; and
            ``(B) the jurisdiction under paragraph (1) of any Indian 
        tribe with a reservation within the exterior boundaries of the 
        State of Alaska.''.

SEC. 3. FOSTER OR ADOPTIVE HOME PLACEMENT TO REFLECT VALUES OF INDIAN 
              CULTURE.

    Section 101(b) of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1911(b)) is amended by inserting after ``either parent,'' the 
following: ``not inconsistent with the finding in section 2(3) that 
there is no resource that is more vital to the continued existence and 
integrity of Indian tribes than their children and the policy declared 
in section 3 that children requiring foster or adoptive home placement 
be placed in homes that reflect the unique values of Indian culture''.

SEC. 4. INTERVENTION IN STATE COURT PROCEEDINGS.

    Section 101(c) of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1911(c)) is amended by striking ``In any State court proceeding'' and 
inserting ``Except as provided in section 103(e), in any State court 
proceeding''.

SEC. 5. FULL FAITH AND CREDIT.

    Section 101(d) of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1911(d)) is amended--
            (1) by striking ``and judicial proceedings'' the first 
        place it appears and inserting ``judicial proceedings, and 
        tribal court judgments'';
            (2) by inserting ``and to such other proceedings, including 
        divorce proceedings, as may involve the determination of an 
        Indian child's custody'' after ``custody proceedings''; and
            (3) by striking ``and judicial proceedings'' the second 
        place it appears and inserting ``judicial proceedings, and 
        judgments''.

SEC. 6. VOLUNTARY TERMINATION OF PARENTAL RIGHTS.

    Section 103(a) of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1913(a)) is amended--
            (1) by striking the first sentence and inserting the 
        following:
    ``(a)(1) Where any parent or Indian custodian voluntarily consents 
to foster care or preadoptive or adoptive placement or to termination 
of parental rights, such consent shall not be valid unless--
            ``(A) executed in writing;
            ``(B) recorded before a judge of a court of competent 
        jurisdiction; and
            ``(C) accompanied by the presiding judge's certificate 
        that--
                    ``(i) the terms and consequences of the consent 
                were fully explained in detail and were fully 
                understood by the parent or Indian custodian; and
                    ``(ii) any attorney or public or private agency 
                that facilitates the voluntary termination of parental 
                rights or preadoptive or adoptive placement has--
                            ``(I) informed the natural parents of the 
                        placement options with respect to the child 
                        involved;
                            ``(II) informed those parents of the 
                        applicable provisions of this Act; and
                            ``(III) certified that the natural parents 
                        will be notified within 10 days after any 
                        termination or change in the adoptive 
                        placement.'';
            (2) by striking ``The court shall also certify'' and 
        inserting the following:
    ``(2) The court shall also certify'';
            (3) by striking ``Any consent given prior to,'' and 
        inserting the following:
    ``(3) Any consent given prior to,''; and
            (4) by adding at the end the following:
    ``(4) An Indian custodian who has the legal authority to consent to 
an adoptive placement shall be treated as a parent for the purposes of 
the notice and consent to adoption provisions of this Act.''.

SEC. 7. WITHDRAWAL OF CONSENT.

    Section 103(b) of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1913(b)) is amended--
            (1) by inserting ``(1)'' before ``Any''; and
            (2) by adding at the end the following:
    ``(2) Except as provided in paragraph (4), a consent to adoption of 
an Indian child or voluntary termination of parental rights to an 
Indian child may be revoked, only if--
            ``(A) no final decree of adoption has been entered; and
            ``(B)(i) the adoptive placement changes or terminates; or
            ``(ii) the revocation occurs before the later of the end 
        of--
                    ``(I) the 180-day period beginning on the date on 
                which the tribe of the Indian child receives written 
                notice of the adoptive placement provided in accordance 
                with the requirements of subsections (c) and (d), which 
                includes an explanation of the revocation period 
                specified in this subclause; or
                    ``(II) the 30-day period beginning on the date on 
                which the parent who revokes consent receives notice of 
                the commencement of the adoption proceeding that 
                includes an explanation of the revocation period 
                specified in this subclause.
            ``(C) Revocation of consent under this paragraph shall be 
        effective from the date on which the parent who revokes consent 
        provides a written revocation of consent to a party that seeks 
        the voluntary adoptive placement of an Indian child or a 
        written or oral revocation of consent to the State court, if 
        any, in which any proceeding for a termination of parental 
        rights to such Indian child, or an adoption proceeding 
        concerning such Indian child, is pending. Any revocation sent 
        by mail under this paragraph shall be effective from the 
        postmarked date of the notice.
    ``(3) Immediately upon a revocation under paragraph (2)--
            ``(A) the Indian child who is the subject of that 
        revocation shall be returned to the parent who revokes consent, 
        but such return shall not be construed to affect the rights of 
        the parent to whom the child is not returned; and
            ``(B) the court shall send notification of the revocation 
        to the last known address of the other parent not later than 5 
        days after the court received the revocation.
    ``(4) Subject to paragraph (6), if, by the end of the applicable 
period determined under subclause (I) or (II) of paragraph (2)(B)(ii), 
a consent to adoption or voluntary termination of parental rights has 
not been revoked, a parent may revoke such consent after that date 
only--
            ``(A) pursuant to applicable State law;
            ``(B) if the parent of the Indian child involved petitions 
        a court of competent jurisdiction, and the court finds that the 
        consent to adoption or voluntary termination of parental rights 
        was obtained through fraud or duress; or
            ``(C) if the parent of the Indian child involved did not 
        receive written notice provided in accordance with the 
        requirements of subclause (I) or (II) of paragraph (2)(B)(ii) 
        of this subsection or paragraphs (3)(A)(i), (3)(B)(ii)-(iv), 
        and (3)(C)(ii)-(iv) of subsection (h).
    ``(5) Subject to paragraph (6), if a consent to adoption or 
voluntary termination of parental rights is revoked under paragraph 
(4)(B)--
            ``(A) the child shall be returned immediately to the parent 
        who revokes consent; and
            ``(B) if a final decree of adoption has been entered, that 
        final decree shall be vacated.
    ``(6) Except as otherwise provided under applicable State law, no 
adoption that has been in effect for a period longer than or equal to 2 
years may be invalidated under this subsection.''.

SEC. 8. NOTICE TO INDIAN TRIBES.

    Section 103(c) of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1913(c)) is amended to read as follows:
    ``(c)(1) A party that seeks the voluntary placement of an Indian 
child, including any termination or change of such voluntary placement, 
or the voluntary termination of the parental rights of a parent of an 
Indian child shall provide written notice of the placement or 
proceeding to the tribe of that Indian child. A notice under this 
subsection shall be sent by registered mail (return receipt requested) 
to the tribe of the Indian child, not later than the applicable date 
specified in paragraph (2) or (3).
    ``(2)(A) Except as provided in paragraph (3), in each of the 
following cases, notice shall be provided under paragraph (1) by the 
applicable date specified:
            ``(i) Not later than 100 days after any foster care 
        placement of an Indian child occurs.
            ``(ii) Not later than 5 days after any initial or 
        subsequent preadoptive or adoptive placement or termination of 
        an adoptive placement of an Indian child.
            ``(iii) Not later than 10 days after the commencement of 
        any proceeding for a termination of parental rights to an 
        Indian child.
            ``(iv) Not later than 10 days after the commencement of any 
        adoptive proceeding concerning an Indian child.
    ``(B) A notice described in subparagraph (A)(ii) may be provided 
before the birth of an Indian child if a party referred to in paragraph 
(1) contemplates a specific adoptive or preadoptive placement.
    ``(3) If, after the expiration of the applicable period specified 
in paragraph (2), a party referred to in paragraph (1) discovers that 
the child involved may be an Indian child--
            ``(A) the party shall provide notice under paragraph (1) 
        not later than 10 days after the discovery; and
            ``(B) any applicable time limit specified in subsection (e) 
        shall apply to the notice provided under subparagraph (A) only 
        if the party referred to in paragraph (1) has, on or before 
        commencement of the placement, made a good faith investigation 
        concerning whether the child involved may be an Indian 
        child.''.

SEC. 9. CONTENT OF NOTICE.

    Section 103(d) of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1913(d)) is amended to read as follows:
    ``(d) Each written notice provided under subsection (c) shall be 
based on a good faith investigation and contain the following:
            ``(1) The name of the Indian child involved, and the actual 
        or anticipated date and place of birth of the Indian child.
            ``(2) A list containing the name, address, date of birth, 
        and (if applicable) the maiden name, of each Indian parent and 
        grandparent of the Indian child, if--
                    ``(A) known after inquiry of--
                            ``(i) the birth parent placing the child or 
                        relinquishing parental rights; and
                            ``(ii) the other birth parent (if 
                        available); or
                    ``(B) otherwise ascertainable through other 
                reasonable inquiry.
            ``(3) A list containing the name and address of each known 
        extended family member (if any) that has priority in placement 
        under section 105.
            ``(4) A statement of the reasons why the child involved may 
        be an Indian child.
            ``(5) The names and addresses of the parties involved in 
        any applicable proceeding in a State court.
            ``(6)(A) The name and address of the State court in which a 
        proceeding referred to in paragraph (5) is pending, or will be 
        filed; and
            ``(B) the date and time of any related court proceeding 
        that is scheduled as of the date on which the notice is 
        provided under this subsection.
            ``(7) The tribal affiliation, if any, of the prospective 
        adoptive parents.
            ``(8) The name and address of any public or private social 
        service agency or adoption agency involved.
            ``(9) An identification of any Indian tribe in which the 
        Indian child may be a member, is eligible for membership, or 
        satisfies the requirements of paragraph (4)(C) of section 4.
            ``(10) An identification of any Indian tribes in which the 
        Indian child's parents or grandparents may be a member.
            ``(11) A statement that each Indian tribe identified under 
        paragraph (9) may have the right to intervene in the proceeding 
        referred to in paragraph (5).
            ``(12) An inquiry concerning whether the Indian tribe that 
        receives notice under subsection (c) intends to intervene under 
        subsection (e) or waive any such right to intervention.
            ``(13) A statement that, if the Indian tribe that receives 
        notice under subsection (c) fails to respond in accordance with 
        subsection (e) by the applicable date specified in that 
        subsection, the right of that Indian tribe to intervene in the 
        proceeding involved shall be considered to have been waived by 
        that Indian tribe unless that Indian tribe did not receive 
        written notice in accord with the requirements of subsections 
        (c) and (d).
            ``(14) If applicable, a statement of the reasons why the 
        adoptive placement of the Indian child involved was terminated 
        or changed and the date of such termination or change.''.

SEC. 10. INTERVENTION BY INDIAN TRIBE.

    Section 103 of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1913) is amended by adding at the end the following:
    ``(e)(1) The tribe of the Indian child involved shall have the 
right to intervene at any time in a voluntary child custody proceeding 
in a State court only if--
            ``(A) in the case of a voluntary proceeding to terminate 
        parental rights, the Indian tribe sent a notice of intent to 
        intervene or a written objection to the adoptive placement to 
        the court or to the party that is seeking the voluntary 
        placement of the Indian child, not later than 30 days after 
        receiving notice that was provided in accordance with the 
        requirements of subsections (c) and (d); or
            ``(B) in the case of a voluntary adoption proceeding, the 
        Indian tribe sent a notice of intent to intervene or a written 
        objection to the adoptive placement to the court or to the 
        party that is seeking the voluntary placement of the Indian 
        child, not later than the later of--
                    ``(i) 90 days after receiving notice of the 
                adoptive placement that was provided in accordance with 
                the requirements of subsections (c) and (d); or
                    ``(ii) 30 days after receiving a notice of the 
                voluntary adoption proceeding that was provided in 
                accordance with the requirements of subsections (c) and 
                (d).
    ``(2) A State court may extend the time period in paragraph (1) by 
not more than 15 days if that court determines that extenuating 
circumstances require such an extension to promote justice.
    ``(3)(A) Except as provided in subparagraph (B), the tribe of the 
Indian child involved shall have the right to intervene at any time in 
a voluntary foster care placement proceeding in a State court, and also 
in any other voluntary child custody proceeding in a State court in any 
case in which the Indian tribe did not receive written notice provided 
in accordance with the requirements of subsections (c) and (d).
    ``(B) An Indian tribe may not intervene in any voluntary child 
custody proceeding in a State court if the Indian tribe gives written 
notice to the State court or any party involved of--
            ``(i) the intent of the Indian tribe not to intervene in 
        the proceeding; or
            ``(ii) the determination by the Indian tribe that the child 
        involved--
                    ``(I) is not a member of, or is not eligible for 
                membership in, the Indian tribe, or
                    ``(II) does not meet the requirements of paragraph 
                (4)(C) of section 4.
    ``(4) Except in the case of a voluntary foster care placement 
proceeding, if an Indian tribe files a motion for intervention in a 
State court under this subsection, the Indian tribe shall submit to the 
court, at the same time as the Indian tribe files that motion, a tribal 
certification that includes a statement that documents, with respect to 
the Indian child involved, the membership or eligibility for membership 
of that Indian child in the Indian tribe under applicable tribal law or 
the basis for any assertion by the tribe that the child meets the 
requirements of paragraph (4)(C) of section 4.
    ``(f) Any act or failure to act of an Indian tribe under subsection 
(e) shall not--
            ``(1) affect any placement preference or other right of any 
        individual under this Act;
            ``(2) preclude the Indian tribe of the Indian child that is 
        the subject of an action taken by the Indian tribe under 
        subsection (e) from intervening in a proceeding concerning that 
        Indian child if a proposed adoptive placement of that Indian 
        child is changed after that action is taken; or
            ``(3) except as specifically provided in subsection (e), 
        affect the applicability of this Act.
    ``(g) Notwithstanding any other provision of law, no proceeding for 
a voluntary termination of parental rights or adoption of an Indian 
child may be conducted under applicable State law before the date that 
is 30 days after the tribe of the Indian child receives notice of that 
proceeding that was provided in accordance with the requirements of 
subsections (c) and (d).''.

SEC. 11. NOTICE TO PARENTS.

    Section 103 of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1913) is amended by adding at the end the following:
    ``(h)(1) A party that terminates or changes the voluntary adoptive 
placement of an Indian child or commences a proceeding for the adoption 
of an Indian child shall provide written notice of such termination, 
changed adoptive placement, or proceeding to the parent or parents of 
that Indian child. Such a party shall also provide the parent or 
parents of that Indian child with a written notice specifying the date 
on which the Indian child's tribe received a written notice of the 
adoptive placement that was in accordance with the requirements of 
subsections (c) and (d). Any notice under this subsection shall be sent 
by registered mail (return receipt requested) to the parent or parents 
of the Indian child, not later than the applicable date specified in 
paragraph (2).
    ``(2) Each of the notices required under paragraph (1) shall be 
provided by the applicable date specified in the following cases:
            ``(A) Not later than 10 days after any termination of or 
        change in the adoptive placement of an Indian child, including 
        any termination or change that occurs whenever a final decree 
        of adoption has been vacated or set aside or the adoptive 
        parent or parents voluntarily consent to the termination of 
        parental rights.
            ``(B) Not later than 10 days after the commencement of any 
        adoption proceeding concerning an Indian child.
            ``(C) Not later than 5 days after receiving from an Indian 
        child's tribe the return receipt with respect to the notice of 
        the adoptive placement of an Indian child sent to such tribe.
    ``(3)(A) Each written notice of a termination or change in an 
adoptive placement shall contain the following:
            ``(i) The name of the Indian child involved.
            ``(ii) A description of the rights of the parent or parents 
        of an Indian child under paragraphs (2) and (3) of subsection 
        (b) of this section and subsection (a) of section 106.
            ``(iii) A statement of the reasons why the adoptive 
        placement of the child involved was terminated or changed.
            ``(iv) The date on which the adoptive placement of the 
        child involved was terminated or changed.
            ``(v) The names and addresses of the parties involved in 
        any applicable proceeding or contemplated proceeding in a State 
        court.
            ``(vi)(I) The name and address of the State court in which 
        a proceeding referred to in clause (v) is pending or will be 
        filed.
            ``(II) The date and time of any related court proceeding 
        that is scheduled as of the date on which the notice is 
        provided under this subsection.
            ``(vii) The tribal affiliation of the prospective adoptive 
        parents, if any.
            ``(viii) The name and address of any public or private 
        social service agency or adoption agency involved.
    ``(B) Each written notice of the commencement of an adoption 
proceeding concerning an Indian child shall contain the following:
            ``(i) The name of the Indian child involved.
            ``(ii) A description of the rights of the parent or parents 
        of an Indian child under paragraphs (2) and (3) of subsection 
        (b).
            ``(iii) The date on which the adoption proceeding was 
        commenced.
            ``(iv) If known, the date that is the end of the 180-day 
        period beginning on the date on which the tribe of the Indian 
        child received written notice of the adoptive placement.
            ``(v) The names and addresses of the parties involved in 
        any applicable adoption proceedings in a State court.
            ``(vi)(I) The name and address of the State court in which 
        a proceeding referred to in clause (iii) is pending.
            ``(II) The date and time of any related court proceeding 
        that is scheduled as of the date on which the notice is 
        provided under this subsection.
            ``(vii) The name and address of any public or private 
        social service agency or adoption agency involved.
    ``(C) Each written notice of the date on which the Indian child's 
tribe received a written notice of the adoptive placement that was in 
accordance with the requirements of subsections (c) and (d) shall 
contain the following:
            ``(i) The name of the Indian child involved.
            ``(ii) A description of the rights of the parent or parents 
        of an Indian child under paragraphs (2) and (3) of subsection 
        (b).
            ``(iii) The date that is the end of the 180-day period 
        beginning on the date on which the tribe of the Indian child 
        received such written notice of the adoptive placement.
            ``(iv) If known, the exact date that is the end of the 30-
        day period beginning on the date on which the parent revoking 
        consent received notice of the commencement of the adoption 
        proceeding.
            ``(v) The names and addresses of the parties involved in 
        any applicable adoption proceeding in a State court.
            ``(vi) The name and address of the State court in which a 
        proceeding referred to in clause (v) is pending.
            ``(vii) The date and time of any related court proceeding 
        that is scheduled as of the date on which the notice is 
        provided under this subsection.''.

SEC. 12. TRIBAL AFFILIATION INFORMATION.

    Section 107 of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1917) is amended to read as follows:

``SEC. 107. DISCLOSURE OF INFORMATION REGARDING BIOLOGICAL PARENTS.

    ``If an adopted Indian who is 18 years of age or older, the tribe 
of an adopted Indian child, the tribe of an adopted Indian who is 18 
years of age or older, an adoptive parent or guardian of an Indian 
child or of an adopted Indian who is under the age of 18, or, in the 
case of a medical emergency or incompetence of an adopted Indian, an 
adoptive parent or guardian of an Indian 18 years of age or older, 
petitions the court which entered the final decree of adoption for the 
release of information regarding the tribal affiliation, if any, of the 
adopted child's biological parents, the court shall disclose such 
information to the petitioner and shall provide the petitioner with any 
other identifying information as may be necessary to protect any rights 
flowing from an adopted Indian's tribal relationship.''.

SEC. 13. RESUMPTION OF JURISDICTION OVER CHILD CUSTODY PROCEEDINGS.

    Section 108 of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1918) is amended to read as follows:

``SEC. 108. RESUMPTION OF JURISDICTION OVER CHILD CUSTODY PROCEEDINGS.

    ``(a) Children Residing or Domiciled Within a Reservation.--Where, 
pursuant to the provisions of the Act of August 15, 1953 (67 Stat. 
588), or pursuant to any other Federal law, a State became vested with 
jurisdiction over child custody proceedings involving Indian children 
who reside or are domiciled within the reservation of an Indian tribe, 
such tribe may assume jurisdiction exclusive as to any State over such 
child custody proceedings.
    ``(b) When an Indian Tribe Does Not Have a Reservation.--Any Indian 
tribe that does not have a reservation and as a result does not 
exercise exclusive jurisdiction under section 101(a) over child custody 
proceedings involving Indian children may assume jurisdiction exclusive 
as to any State over child custody proceedings involving Indian 
children who reside or are domiciled within the geographic area with 
regard to which the tribe is authorized to enter into contracts under 
section 102 of the Indian Self-Determination and Education Assistance 
Act without regard for the reservation status of the area affected.
    ``(c) Resolution of Governing Body.--Before any Indian tribe may 
assume jurisdiction over Indian child custody proceedings, such tribe 
shall present to the Secretary a resolution of its governing body 
authorizing the assumption of such jurisdiction. The governing body of 
an Indian tribe referred to in subsection (b) shall include in its 
jurisdiction assumption resolution a clear and definite description of 
the territory over which jurisdiction is to be assumed.
    ``(d) Publication of Notice.--Not later than 60 days after receipt 
of a jurisdiction assumption resolution from the governing body of an 
Indian tribe, the Secretary shall publish in the Federal Register a 
notice that includes the resolution and informs the public of the 
tribe's action. The Secretary shall also notify the affected State or 
States of such resolution. The Indian tribe concerned shall assume 
jurisdiction 30 days after publication in the Federal Register of the 
notice of the tribe's resolution unless such resolution specifies a 
later date.
    ``(e) Retrocession of Jurisdiction.--Any Indian tribe that, 
pursuant to this section, has assumed jurisdiction exclusive as to any 
State over child custody proceedings may retrocede such jurisdiction as 
it assumed to any such State by presenting to the Secretary a 
resolution of its governing body authorizing the retrocession of such 
jurisdiction. Not later than 60 days after receipt of a jurisdiction 
retrocession resolution from the governing body of an Indian tribe, the 
Secretary shall publish in the Federal Register a notice that includes 
the resolution and informs the public of the tribe's action. The 
Secretary shall also notify the affected State or States of such 
resolution. The retrocession of jurisdiction shall take effect 30 days 
after publication in the Federal Register of the notice of the tribe's 
resolution unless such resolution specifies a later date. Nothing in 
this subsection shall affect the right of any Indian tribe to assume 
jurisdiction, pursuant to this section, subsequent to a retrocession of 
such jurisdiction.
    ``(f) Effect on Certain Actions.--Assumption or retrocession of 
jurisdiction under this section shall not affect any action or 
proceeding over which a court has already assumed jurisdiction, except 
as may be provided in an order of such court or pursuant to any 
agreement under section 109.''.

SEC. 14. FRAUDULENT REPRESENTATION; VISITATION.

    Title I of the Indian Child Welfare Act of 1978 (25 U.S.C. 1911 et 
seq.) is amended by adding at the end the following new sections:

``SEC. 114. FRAUDULENT REPRESENTATION.

    ``(a) In General.--With respect to any proceeding subject to this 
Act involving an Indian child or a child who may be considered to be an 
Indian child for purposes of this Act, a person, other than a birth 
parent of the child, shall, upon conviction, be subject to a criminal 
sanction under subsection (b) if that person knowingly and willfully--
            ``(1) falsifies, conceals, or covers up by any trick, 
        scheme, or device, a material fact concerning whether, for 
        purposes of this Act--
                    ``(A) a child is an Indian child; or
                    ``(B) a parent is an Indian;
            ``(2)(A) makes any false, fictitious, or fraudulent 
        statement, omission, or representation; or
            ``(B) falsifies a written document knowing that the 
        document contains a false, fictitious, or fraudulent statement 
        or entry relating to a material fact described in paragraph 
        (1); or
            ``(3) assists any person in physically removing a child 
        from the United States in order to obstruct the application of 
        this Act.
    ``(b) Criminal Sanctions.--The criminal sanctions for a violation 
referred to in subsection (a) are as follows:
            ``(1) For an initial violation, a person shall be fined in 
        accordance with section 3571 of title 18, United States Code, 
        or imprisoned not more than 1 year, or both.
            ``(2) For any subsequent violation, a person shall be fined 
        in accordance with section 3571 of title 18, United States 
        Code, or imprisoned not more than 5 years, or both.

``SEC. 115. VISITATION.

    ``Notwithstanding any other provision of law (including any State 
law)--
            ``(1) a court may approve, if in the best interests of an 
        Indian child, as part of an adoption decree of that Indian 
        child, an agreement that states that a birth parent, an 
        extended family member, or the tribe of the Indian child shall 
        have an enforceable right of visitation or continued contact 
        with the Indian child after the entry of a final decree of 
        adoption; and
            ``(2) the failure to comply with any provision of a court 
        order concerning the continued visitation or contact referred 
        to in paragraph (1) shall not be considered to be grounds for 
        setting aside a final decree of adoption.''.

SEC. 15. DEFINITIONS.

    Section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903) 
is amended--
            (1) in paragraph (3), by inserting before the semicolon at 
        the end the following: ``, or for purposes of section 107, any 
        person who is seeking to determine eligibility for tribal 
        membership'';
            (2) by amending paragraphs (4) and (5) to read as follows:.
            ``(4) `Indian child' means any unmarried person who is less 
        than 18 years of age and--
                    ``(A) is a member of an Indian tribe;
                    ``(B) is eligible for membership in an Indian 
                tribe; or
                    ``(C) if the child is not a member of or eligible 
                for membership in an Indian tribe, the child is a child 
                or grandchild of a member of an Indian tribe and is 
                considered by an Indian tribe to be a part of its 
                community;
            ``(5) `Indian child's tribe' means--
                    ``(A) the Indian tribe in which an Indian child is 
                a member or eligible for membership;
                    ``(B) for an Indian child described in subparagraph 
                (C) of paragraph (4), an Indian tribe that considers a 
                child to be part of its community; or
                    ``(C) in the case of an Indian child who is a 
                member of, eligible for membership in, or considered to 
                be part of the community of, more than 1 tribe, the 
                Indian tribe with which the Indian child has the most 
                significant contacts, unless the tribe with which the 
                child has the most significant contacts designates, 
                with the consent of the tribe to be designated as the 
                child's tribe, another tribe in which the child is a 
                member, eligible for membership, or of which the child 
                is considered to be part of the community.''.

SEC. 16. LICENSING OR APPROVAL QUALIFICATIONS FOR ASSISTANCE.

    The last sentence of section 201(b) of the Indian Child Welfare Act 
of 1978 (25 U.S.C. 1931(b)) is amended by striking ``For purposes'' and 
inserting ``Notwithstanding any law or regulation to the contrary, for 
purposes''.
                                 <all>