[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4733 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4733

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2002

   Mr. Young of Alaska (for himself and Mr. Hayworth) 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 2002''.

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) has become subject to the jurisdiction of the tribal 
        court of that Indian tribe after a transfer of jurisdiction is 
        carried out under subsection (b).
    ``(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) resided or was domiciled within the reservation of 
        that Indian tribe at the time the child custody proceeding 
        commenced; or
            ``(B) has become subject to the jurisdiction of the tribal 
        court of that Indian tribe after a transfer of jurisdiction is 
        carried out under subsection (b).
    ``(4) The provisions of paragraph (2) 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 sections 108(b)(1) and 109, 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) Subject to sections 108 and 109, this subsection, and 
subsection (b) of this section, but notwithstanding paragraph (5) of 
this subsection, 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. TRANSFER OF JURISDICTION TO TRIBAL COURT.

    Section 101(b) of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1911(b)) is amended to read as follows:
    ``(b) Transfer of Proceedings; Declination by Court.--In any State 
court child custody proceeding involving an Indian child not domiciled 
or residing within the reservation of the Indian child's tribe or on 
any other lands described in a resolution of an Indian tribe adopted 
pursuant to section 108(c), the court shall transfer such proceeding to 
the jurisdiction of the tribe, upon the petition of either parent, the 
Indian custodian, or the Indian child's tribe, unless--
            ``(1) the tribal court of such tribe declines the transfer 
        of jurisdiction;
            ``(2) the tribal court does not have subject matter 
        jurisdiction under the laws of the tribe or Federal law;
            ``(3) in circumstances where the evidence necessary to 
        decide the case cannot be adequately presented in the tribal 
        court without undue hardship to the parties or the witnesses, 
        the tribal court is unable to mitigate such hardship by making 
        arrangements to receive and consider such evidence by remote 
        communication, hearing the evidence at a location convenient to 
        the parties or the witnesses, or any other means permitted in 
        the tribe's rules of evidence or discovery; or
            ``(4) either parent objects to the transfer of jurisdiction 
        and the objection is consistent with section 2(3) recognizing 
        the vital relationship between Indian tribes and their children 
        and the policy set forth in section 3 that it is in the best 
        interests of Indian children requiring foster or adoptive home 
        placement to 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--
            (1) by striking ``In any State court proceeding for the 
        foster care placement of, or termination of parental rights 
        to,'' and inserting ``Except as provided in section 103(e), in 
        any State court child custody proceeding involving''; and
            (2) by inserting before the period at the end the 
        following: ``and any member of the Indian child's extended 
        family shall have a right to intervene in order to seek the 
        placement of the child in accordance with section 105''.

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. PENDING COURT PROCEEDINGS.

    Section 102 of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1912) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``(1)'' after ``(a)''; and
                    (B) by adding at the end the following:
    ``(2) Any involuntary child custody proceeding in a State court 
commenced prior to the birth of the Indian child shall not be valid.
    ``(3) Any notice provided under paragraph (1) shall contain the 
information required under paragraphs (1), (2) through (5), and (7) 
through (10) of section 103(d). In addition, such notice shall include 
any complaint or petition and court orders and contain the following:
            ``(A) The child's residence address and domicile, if known.
            ``(B) A list containing the name, address, date of birth, 
        and (if applicable) the maiden name of each parent and 
        grandparent of the Indian child, if--
                    ``(i) known after inquiry of a birth parent; or
                    ``(ii) otherwise ascertainable through other 
                reasonable inquiry.
            ``(C) A statement of the nature of the proceeding, the 
        allegations made in support of the complaint or petition, and 
        the relief sought.
            ``(D) A statement of the right of the parent or Indian 
        custodian and the Indian child's tribe to request that the 
        proceeding be transferred to the tribal court of the such 
        tribe.
            ``(E) A statement that a parent or Indian custodian unable 
        to afford counsel may request that the court appoint counsel to 
        represent such parent or Indian custodian.
            ``(F) If applicable, a statement of the right of the parent 
        or Indian custodian and the Indian child's tribe to request at 
        least 20 additional days, from the date of receipt of notice of 
        the proceeding, to prepare for the proceeding.
            ``(G) A statement of the potential legal consequences of an 
        adjudication of the complaint or petition on the rights of any 
        parent or Indian custodian and the potential legal consequences 
        for failing to respond to the complaint or petition.
            ``(H) A statement as to whether a written response to the 
        complaint or petition must be filed and, if so, the date that 
        the response must be received by the court. The statement shall 
        include an explanation of the legal consequences of failure to 
        file such written response.
            ``(I) A statement of the right of each party to examine all 
        reports or other documents filed with the court upon which any 
        decision with respect to the complaint or petition may be 
        based.''; and
            (2) by adding at the end the following:
    ``(g)(1) Whenever, following the involuntary termination of the 
parental rights of a parent of an Indian child, an Indian child is 
placed in a preadoptive or adoptive placement, including any 
termination or change of such placement, or is the subject of an 
adoption proceeding, the party seeking the placement of the child or 
filing the proceeding shall provide written notice of the placement or 
proceeding to the tribe of such Indian child in accordance with 
subsection (c)(2)(A)(ii) and (iv) and (3)(A) of section 103. A notice 
under this subsection shall be sent by registered mail (return receipt 
requested).
    ``(2) Any notice under paragraph (1) shall contain the information 
required under paragraphs (1), (2) through (10), and (13) of section 
103(d) and paragraph (2)(A) of subsection (a). In addition, such notice 
shall include any complaint or petition and court orders and contain 
the following:
            ``(A) A list containing the name, address, date of birth, 
        and (if applicable) the maiden name of each parent and 
        grandparent of the Indian child, if--
                    ``(i) known after inquiry of a birth parent; or
                    ``(ii) otherwise ascertainable through other 
                reasonable inquiry.
            ``(B) A statement of the circumstances that supported a 
        termination of the parental rights of the parent of the Indian 
        child.
    ``(h)(1) Whenever, in connection with a proceeding or other action 
under this section, a party seeks the placement of an Indian child, 
including any termination or change of such placement, such party shall 
provide written notice of the placement to the Indian child's extended 
family members listed in any notice sent pursuant to subsection (a). 
The notice shall be provided in accordance with subsection (c)(2)(A) 
and (3)(A) of section 103. A notice under this subsection shall be sent 
by registered mail (return receipt requested).
    ``(2) Any notice under paragraph (1) shall contain the information 
required under paragraphs (1) through (9) of section 103(d). In 
addition, such notice shall contain the following:
            ``(A) A statement that each extended family member 
        identified in the notice has the right to intervene in any 
        proceeding described in the notice in order to seek the 
        placement of the child.
            ``(B) A statement that each extended family member 
        identified in the notice has the right to seek the placement of 
        the child without having to intervene in any proceeding 
        described in the notice.
            ``(C) A statement as to whether a written response to the 
        notice must be filed and, if so, the date that the response 
        must be received and the name and address to which the response 
        must be sent. The statement shall include an explanation of the 
        legal consequences, if any, of failure to file such written 
        response.
            ``(D) A description of any information that must be 
        provided by the extended family member in order for such member 
        to be considered as a placement for the child.
            ``(E) A description of the procedure that an extended 
        family member must follow in order to be considered as a 
        placement for the child, including the dates by which an 
        extended family member must take any action required in order 
        to be so considered.''.

SEC. 7. 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 of 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. 8. 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 paragraphs (2)(A), (2)(B)(i), and (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 each applicable written notice required by paragraphs 
        (3)(A), (3)(B), and (3)(C) 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. 9. 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 termination of the 
parental rights of a parent of an Indian child or the voluntary 
placement of an Indian child, including--
            ``(A) any preadoptive or adoptive placement subsequent to 
        an involuntary termination of the parental rights of a parent 
        of an Indian child; and
            ``(B) any termination or change of such voluntary 
        placement,
shall provide written notice of the proposed 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) and shall include a copy of any complaint or petition and 
any court orders.
    ``(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. 10. 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 and the name and address of 
        each known extended family member (if any) that has priority in 
        placement under section 105, 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 statement of the reasons why the child involved may 
        be an Indian child.
            ``(4) The names and addresses of the parties involved in 
        any applicable proceeding in a State court.
            ``(5)(A) The name and address of the State court in which a 
        proceeding referred to in paragraph (4) 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.
            ``(6) The tribal affiliation, if any, of the prospective 
        adoptive parents.
            ``(7) The name and address of any public or private social 
        service agency or adoption agency involved.
            ``(8) 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.
            ``(9) An identification of any Indian tribes in which the 
        Indian child's parents or grandparents may be a member.
            ``(10) A statement that each Indian tribe identified under 
        paragraph (8) may have the right to intervene in the proceeding 
        referred to in paragraph (4).
            ``(11) 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.
            ``(12) 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 accordance with the requirements of 
        subsections (c) and (d).
            ``(13) 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. 11. 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 45 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) 100 days after receiving notice of the 
                adoptive placement that was provided in accordance with 
                the requirements of subsections (c) and (d); or
                    ``(ii) 45 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 45 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), unless such tribe consents to an earlier 
date.''.

SEC. 12. 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) and shall include a copy of any complaint or petition or 
court order affecting the rights of any such parent.
    ``(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. 13. INVALIDATION OF CHILD CUSTODY PROCEEDINGS

    Section 104 of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1914) is amended to read as follows:

``SEC. 104. INVALIDATION OF CHILD CUSTODY PROCEEDINGS.

    ``(a) Any Indian child who is the subject of any action for foster 
care or adoptive placement or termination of parental rights under 
State law, any parent or Indian custodian of any such child, the Indian 
child's tribe, and a member of the Indian child's extended family who 
has been rejected as a placement for the child may petition any Federal 
court having venue to invalidate such action upon a showing that such 
action violated any provision of sections 101, 102, 103, and 105 of 
this Act.
    ``(b) Notwithstanding any Federal law or rule to the contrary, a 
petition under subsection (a) shall be adjudicated during a pending 
proceeding when a State court has--
            ``(1) ruled that the proceeding is not within the exclusive 
        jurisdiction of an Indian child's tribe or that the proceeding 
        should not be transferred to such tribe's jurisdiction;
            ``(2) ruled that the proceeding is not a child custody 
        proceeding or that this Act, for other reasons, does not apply 
        to the proceeding;
            ``(3) held that this Act, on its face or as applied, 
        violates the Constitution;
            ``(4) denied a motion to intervene filed by an Indian tribe 
        or a member of the Indian child's extended family;
            ``(5) denied the placement of an Indian child in a foster 
        care or adoptive placement with a member of the Indian child's 
        extended family who has specifically requested such placement, 
        where the justification of good cause to not make such 
        placement was arbitrary or capricious; or
            ``(6) in a case where the father of an Indian child objects 
        to the adoption of such child and the parental rights of such 
        father have not been terminated pursuant to section 102, ruled 
        that such father's consent to the adoption of such child is 
        unnecessary.
    ``(c) Whenever a petition under subsection (a) is filed after a 
final judgment under State law, the petition shall be adjudicated 
notwithstanding any Federal law or rule to the contrary. For purposes 
of this subsection, the term ``final judgment'' means a judgment of a 
trial court where no appeal has been filed under State law, or a 
judgment of an appellate court affirming the judgment of a trial court, 
or an order of the United States Supreme Court denying a writ of 
certiorari to a State appellate court.''.

SEC. 14. NOTICE TO EXTENDED FAMILY MEMBERS.

    Section 103 of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1913) is amended by adding at the end the following:
    ``(i)(1) Whenever, in connection with a proceeding or other action 
under this section, a party seeks the placement of an Indian child, 
including any termination or change of such placement, such party shall 
provide written notice of the placement to the Indian child's extended 
family members listed in any notice sent pursuant to subsection (c). 
The notice shall be provided in accordance with subsection (c)(2)(A) 
and (3)(A) of this section. A notice under this subsection shall be 
sent by registered mail (return receipt requested).
    ``(2) Any notice under paragraph (1) shall contain the information 
required under paragraphs (1) through (9) of subsection (d). In 
addition, such notice shall contain the following:
            ``(A) A statement that each extended family member 
        identified in the notice has the right to intervene in any 
        proceeding described in the notice in order to seek the 
        placement of the child.
            ``(B) A statement that each extended family member 
        identified in the notice has the right to seek the placement of 
        the child without having to intervene in any proceeding 
        described in the notice.
            ``(C) A statement as to whether a written response to the 
        notice must be filed and, if so, the date that the response 
        must be received and the name and address to which the response 
        must be sent. The statement shall include an explanation of the 
        legal consequences, if any, of failure to file such written 
        response.
            ``(D) A description of any information that must be 
        provided by the extended family member in order for such member 
        to be considered as a placement for the child.
            ``(E) A description of the procedure that an extended 
        family member must follow in order to be considered as a 
        placement for the child, including the dates by which an 
        extended family member must take any action required in order 
        to be so considered.''.

SEC. 15. 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, from any 
records subject to its jurisdiction, 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. 16. 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, 
including the disestablished portion, if any, of such reservation, such 
tribe may assume jurisdiction exclusive as to any State over such child 
custody proceedings.
    ``(b)(1) 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 any of the following 
geographic areas:
            ``(A) In the case of a tribe presently located in Oklahoma, 
        the lands that are within the jurisdictional area of any such 
        tribe and are within the boundaries of such tribe's last 
        reservation established by final treaty, Federal agreement, 
        Executive or secretarial order, Executive or secretarial 
        proclamation, United States patent, Federal statute, or final 
        judicial or administrative determination.
            ``(B) Lands located in a State other than Oklahoma, 
        including Alaska, that are within the Indian tribe's last 
        recognized reservation within the State or States within which 
        such Indian tribe is presently located.
            ``(C) In the case of a tribe located in Alaska--
                    ``(i) lands selected by a village corporation 
                pursuant to sections 12(a) and (b) and 16(b) and (d) of 
                the Alaska Native Claims Settlement Act (85 Stat. 688, 
                701, 706; 42 U.S.C. 1611(a) and (b) and 1615(b) and 
                (d));
                    ``(ii) any other lands located within or contiguous 
                to the areas described in clause (i) of this 
                subparagraph, including the lands described in section 
                22(l) of the Alaska Native Claims Settlement Act (85 
                Stat. 688, 715; 42 U.S.C. 1921(l)); or
                    ``(iii) lands withdrawn pursuant to section 14(h) 
                of the Alaska Native Claims Settlement Act (85 Stat. 
                688, 704, 705; 42 U.S.C. 1613(h)), that are located 
                within a 25-mile radius of the seat of government of 
                any such tribe.
            ``(D) Lands held in trust or restricted status by the 
        United States for an Indian tribe or individual member of such 
        tribe that are located within a 100-mile radius of the seat of 
        government of any such tribe.
            ``(E) Lands owned in fee simple by an Indian tribe.
    ``(2) Subject to section 101(a)(5) and (6), whenever existing 
Federal law vests exclusive jurisdiction in the State over any of the 
areas described in paragraph (1), a tribe may assume jurisdiction, 
under said paragraph, that is exclusive as to any State or concurrent 
with the jurisdiction exercised by any State. Such a tribe may limit 
its assumption of jurisdiction to types of child custody proceedings, 
transfer jurisdiction under section 101(b), or otherwise accept less 
than exclusive jurisdiction over child custody proceedings.
    ``(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 and, in 
accordance with subsection (b)(2), the nature of the jurisdiction 
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. 17. AGREEMENTS.

    (a) Jurisdictional Issues.--Section 109 of the Indian Child Welfare 
Act of 1978 (25 U.S.C. 1919) is amended--
            (1) by inserting ``(1)'' after ``(a)''; and
            (2) by adding at the end the following:
    ``(2) When an agreement entered into under paragraph (1) involves 
an Indian tribe that has entered into a land claims settlement with the 
United States or a State, or an Indian tribe that has been restored to 
Federal supervision, or an Indian tribe that has been recognized in or 
pursuant to an act of Congress, the jurisdiction provisions of such 
agreement, if any, may recognize the concurrent or exclusive 
jurisdiction of any such tribe, within any service area established for 
such tribe and its members in any Federal law, regulation or agreement 
or within any area within which the Secretary is authorized to take 
land in trust for any such tribe, over child custody proceedings 
involving Indian children who reside or are domiciled within any such 
area. Nothing in this paragraph shall affect the right of any such 
tribe to exercise exclusive jurisdiction under section 101(a) or to 
assume exclusive or other jurisdiction within the areas described in 
section 108(a) and (b).''.
    (b) Tribal-State Agreements.--Section 109 of the Indian Child 
Welfare Act of 1978 (25 U.S.C. 1919) is amended by adding at the end 
the following:
    ``(c) An agreement respecting the care and custody of Indian 
children, entered into under subsection (a), shall govern such care and 
custody, any law to the contrary notwithstanding. For purposes of 
carrying out any agreement entered into pursuant to this section, the 
terms `Indian child' and `Indian tribe,' as defined in any such 
agreement, shall govern. Nothing in this subsection shall be construed 
to authorize Federal Funds appropriated for Indian tribes, or for the 
members of Indian tribes, to be expended for any other person or 
entity.''

SEC. 18. 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. 116. COMPLIANCE REVIEWS.

    ``(a) In General.--The Secretary of Health and Human Services, in 
consultation with the Secretary of the Interior and affected Indian 
tribes, shall promulgate regulations for the review and determination 
of whether States and State agencies, including agencies licensed by 
the State, are acting in substantial conformity with the requirements 
of this Act in matters involving Indian children subject to this Act.
    ``(b) Elements of Review System.--The regulations referred to in 
subsection (a) of this section shall--
            ``(1) limit conformity reviews to States in which either a 
        federally recognized Indian tribe is located or there is an 
        Indian population of more than 10,000;
            ``(2) require consultation with the Secretary of the 
        Interior and affected Indian tribes in carrying out any 
        conformity review;
            ``(3) specify the timetable for conformity reviews, 
        including--
                    ``(A) an initial review of each covered State 
                within 3 years following the promulgation of the 
                regulations referred to in subsection (a);
                    ``(B) a timely review of a covered State's 
                conformity following a review in which such program was 
                found not to be in substantial conformity; and
                    ``(C) less frequent reviews of States which have 
                been found to be in substantial conformity, but such 
                regulations shall require reviews at least every 3 
                years and shall permit the Secretary to reinstate more 
                frequent reviews based on information which indicates 
                that a State may not be in conformity;
            ``(4) specify the requirements subject to review, and the 
        criteria to be used to measure conformity with such 
        requirements and to determine whether there is a substantial 
        failure to so conform;
            ``(5) require the Secretary, not later than 10 days after a 
        final determination that a State or any of its agencies, 
        including agencies licensed by the State, is not in conformity, 
        to notify the State of the basis for the determination; and
            ``(6) require the Secretary, with respect to any State 
        found to have failed substantially to so conform--
                    ``(A) to afford the State an opportunity, to adopt, 
                within 180 days of such final determination, a 
                corrective action plan, developed in consultation with 
                affected tribes and approved by the Secretary, 
                designed, with specific implementation timetables, to 
                end the failure to so conform; and
                    ``(B) to make technical assistance available to the 
                State to the extent feasible to enable the State to 
                develop and implement such a corrective action plan.
    ``(c) Promulgation of Regulations.--The regulations referred to in 
subsection (a) of this section shall be promulgated not later than 180 
days following the effective date of this section.
    ``(d) Enforcement of Nonconformity Determination.--
            ``(1) In general.--Whenever a State or any agency of the 
        State, including agencies licensed by the State, has failed to 
        adopt a corrective action plan within 180 days following a 
        final determination by the Secretary that such State or agency 
        is not in conformity with the requirements of this Act or has 
        failed to implement a corrective action plan within the 
        timeframes specified in such plan, the Attorney General may 
        bring an action against such State or agency in any appropriate 
        United States district court seeking to compel the adoption of 
        such an action plan or, as the case may be, to enforce such 
        corrective action plan through declaratory, injunctive, or 
        other appropriate equitable relief. -
            ``(2) Action by affected indian tribes.--An action 
        described in paragraph (1) may be brought by any affected 
        Indian tribe against any appropriate official of a State or, 
        for failure to implement a corrective action plan, against any 
        agency licensed by a State.
            ``(3) Intervention.--Upon timely application, any affected 
        Indian tribe shall have the right to intervene in a civil 
        action commenced by the Attorney General pursuant to paragraph 
        (1) and the Attorney General shall have the right to intervene 
        in a civil action commenced by any affected Indian tribe 
        pursuant to paragraph (2).
            ``(4) Limitation of actions.--Any action under paragraph 
        (1) may not be brought more than 3 years after the date of the 
        Secretary's determination. The computation of such 3-year 
        period shall not include any time during which an 
        administrative proceeding was pending with respect to the 
        Secretary's determination.
            ``(5) Attorney's fees.--In any action or proceeding brought 
        pursuant to paragraph (2), the court, in its discretion, may 
        allow a prevailing Indian tribe a reasonable attorney's fee, 
        including expert fees, as part of the costs. For purposes of 
        this subsection, an Indian tribe shall be deemed to have 
        prevailed where a judgment, consent decree, or order results in 
        the enforcement of all or part of a corrective action plan or 
        when a State or an agency of the State, including an agency 
        licensed by the State, voluntarily implements all or part of 
        corrective action plan as a result of the action.

``SEC. 117. CHILDREN OF STATE-RECOGNIZED TRIBES.

    ``(a) For the purposes of sections 101(c), 102, 103, 104, 105, 106, 
107, 110, 111, 112, 114, and 115 of this Act, the term `Indian child' 
shall also include any unmarried person who is under age 18 who is a 
member of or eligible for membership in a tribe recognized by a State, 
and the term `Indian tribe' shall also include such tribal entities.
    ``(b)(1) The provisions of this Act identified in subsection (a) 
shall apply to children who are members of or eligible for membership 
in a tribe recognized by a State, only when any such tribe has adopted 
and provided to the Secretary a resolution--
            ``(A) consenting to the application of such provisions to 
        such children;
            ``(B) describing the requirements for tribal membership and 
        annexing any constitution, laws, or regulations stating such 
        requirements;
            ``(C) providing the tribe's address and telephone number;
            ``(D) identifying one or more individuals who can be 
        contacted with respect to matters arising under this Act 
        together with information on how to contact any such 
        individuals;
            ``(E) identifying the name, address, and telephone number 
        of the tribe's agent for service of process; and
            ``(F) including, as an attachment, a law or other 
        documentation from a State establishing that such State 
        recognizes such tribe and that such State consents to the 
        application of such provisions to such tribe's children.
    ``(2) In the absence of a resolution described in paragraph (1), 
the provisions of this Act identified in subsection (a) shall apply to 
such children whenever the Governor of a State provides to the 
Secretary documentation that an Indian tribe is recognized by such 
State. Such documentation, at a minimum, shall include the information 
required by subsection (b)(1)(A), (C), and (F).
    ``(3) In the absence of a resolution described in paragraph (1), 
the provisions of section 102(e) and (f) and section 105 shall apply to 
such children whenever a party in an involuntary foster care placement 
or termination of parental rights proceeding, within 30 days following 
the filing of such proceeding, presents evidence that the child 
involved in the proceeding is a member of or eligible for membership in 
an Indian tribe recognized by a State and that such State has consented 
to the application of such provisions to such tribe's children.
    ``(c) Not later than 60 days after receipt of a resolution 
described in subsection (b)(1) or the documentation described in 
subsection (b)(2), the Secretary shall publish in the Federal Register 
a notice that includes such resolution or documentation and informs the 
public that the provisions of this Act identified in subsection (a) 
apply to the tribe or tribes identified in such notice and to children 
who are members of or eligible for membership in such tribe or tribes. 
The Secretary shall also notify the affected State or States of such 
publication. The provisions of this Act identified in subsection (a) 
shall apply to such tribe or tribes and children 30 days after 
publication in the Federal Register of the notice of such resolution or 
documentation.
    ``(d) The Indian tribe of a child covered under subsection (a) may 
by resolution designate a federally recognized Indian tribe or an 
Indian organization as its agent for the purposes of this Act. Any such 
resolution shall not be effective unless delivered to the Secretary 
together with a resolution of the designated Indian tribe or Indian 
organization consenting to such designation. Not later than 60 days 
after receipt of the resolution of an Indian tribe of a child covered 
under subsection (a), the Secretary shall publish in the Federal 
Register a notice that includes such resolution. The designation shall 
be effective upon such publication unless the resolution specifies a 
later effective date.''.

SEC. 19. DEFINITIONS.

    Section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903) 
is amended--
            (1) by amending paragraph (1)(i), (1)(ii), and (1)(iii) to 
        read as follows:
                    ``(i) `foster care placement' which shall mean any 
                action which may result in the placement of an Indian 
                child in a foster home or institution or in the home of 
                a guardian or conservator, where parental rights have 
                not been terminated;
                    ``(ii) `preadoptive placement' which shall mean the 
                placement of an Indian child in a foster home or 
                institution or in the home of a guardian or conservator 
                after the termination of parental rights, but prior to 
                or in lieu of adoptive placement, or any action which 
                results in the prospective adoptive placement of an 
                Indian child prior to any termination of parental 
                rights;
                    ``(iii) `adoptive placement' which shall mean the 
                permanent placement of an Indian child in the home of a 
                guardian or conservator or for adoption, including any 
                action resulting in a final decree of adoption.'';
            (2) 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'';
            (3) 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 
                considered by an Indian tribe to be a part of its 
                community and is a child or grandchild of a member of 
                an Indian tribe and--
                            ``(i) resides or is domiciled within the 
                        reservation of such child's parent or 
                        grandparent;
                            ``(ii) is an Alaska Native who resides or 
                        is domiciled within the State of Alaska; or
                            ``(iii) resides or is domiciled within any 
                        lands described in a resolution of an Indian 
                        tribe adopted pursuant to section 108(c).
            ``(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 
                such 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.''; and
            (4) in paragraph (9), by striking ``Indian'' the second 
        place it appears and inserting after the first sentence the 
        following: ``Except for the purposes of sections 103(b) and 
        (h), 104, 105(d), 106(a) and (b), 107 and 301, the term shall 
        not include any person whose parental rights have been 
        terminated.''.

SEC. 20. 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>