[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2750 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2750

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2003

  Mr. Young of Alaska (for himself, Mr. Hayworth, Mr. Kildee, and Mr. 
 Abercrombie) 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 2003''.

SEC. 2. DECLARATION OF POLICY; APPLICABILITY.

    Section 3 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1902) 
is amended--
            (1) by inserting ``(a)'' before ``The Congress'';
            (2) by inserting ``by preserving the sovereign authority of 
        Indian tribes to regulate domestic relations involving tribal 
        members,'' after ``families'' the first place it appears;
            (3) by inserting ``by assuring that Indian children have 
        the opportunity to develop or enhance their relationship with 
        their families and Indian tribes'' after ``culture,''; and
            (4) by adding at the end the following:
    ``(b) This Act shall apply to any Indian child involved in a child 
custody proceeding regardless of whether such child has ever been part 
of an Indian family or maintained a social or cultural relationship 
with an Indian tribe.''.

SEC. 3. 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)'';
            (2) by striking ``except where such jurisdiction is 
        otherwise vested in the State by existing Federal law'', and 
        inserting ``except where jurisdiction over any such proceeding 
        has been or is exercised by a State under existing Federal 
        law'';
            (3) by inserting after ``tribal court'' the following: ``or 
        has become subject to a tribal court's jurisdiction under 
        subsection (b)'' ; and
            (4) by adding at the end the following:
    ``(2) Subject to sections 108(b) and 109, subsection (b) of this 
section, and paragraph (1) 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.
    ``(3) Subject to sections 108 and 109, and subsection (b) of this 
section, but notwithstanding paragraph (2) of this subsection, any 
person seeking to adopt an Indian child in an Alaska State court may 
petition the tribal court of the Indian child's tribe, at any time, 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.
    ``(4) Nothing in paragraph (2) shall affect--
            ``(A) the right of any Indian tribe in Alaska to exercise 
        jurisdiction, over any Indian child who resides or is domiciled 
        outside the State of Alaska--
                            ``(i) to make such child a ward of a tribal 
                        court in accordance with subsection (a)(1); or
                            ``(ii) pursuant to subsection (b); and
            ``(B) the jurisdiction under paragraph (1) of any Indian 
        tribe with a reservation within the exterior boundaries of the 
        State of Alaska.''.

SEC. 4. 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--
            ``(1) 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); or
            ``(2) an Indian child domiciled or residing within any of 
        the areas described in subparagraph (A) in a State that, under 
        existing Federal law, has exercised or is exercising 
        jurisdiction over child custody proceedings arising within any 
        such area, the State court shall transfer such proceeding to 
        the jurisdiction of the Indian tribe, upon the petition of 
        either parent, the Indian custodian, or the Indian child's 
        tribe, unless--
                    ``(A) the tribal court of the Indian tribe declines 
                the transfer of jurisdiction;
                    ``(B) such tribe or the tribal court of such tribe 
                notifies such State court that the tribal court does 
                not have subject matter jurisdiction;
                    ``(C) 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 Indian tribe's rules of 
                evidence or discovery; or
                    ``(D) either parent objects to the transfer of 
                jurisdiction and the objection is consistent with the 
                findings and declaration of policy in sections 2 and 
                3.''.

SEC. 5. 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 inserting ``(1)'' after ``(c)'';
            (2) 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'';
            (3) 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; and
            (4) by adding at the end the following:
            ``(2) Any motion, application or other form of request to 
        intervene in a child custody proceeding pursuant to paragraph 
        (1) may be filed pro se or through legal counsel and 
        representation of the intervenor subsequent to intervention may 
        proceed in the same manner.''.

SEC. 6. 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. 7. PENDING INVOLUNTARY CHILD CUSTODY 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)'';
                    (B) by striking, in the first sentence, ``or'' the 
                second place it appears;
                    (C) by inserting, in the first sentence, ``or 
                adoptive'' after ``foster care'';
                    (D) by striking, in the first sentence, 
                ``registered'' and inserting ``certified'';
                    (E) by striking, in the third sentence, ``or'' 
                after ``No foster care placement'' and inserting a 
                comma;
                    (F) by inserting, in the third sentence, ``, or 
                adoptive'' after ``foster care''; and
                    (G) 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. 
Nothing in this paragraph shall limit the authority of a State court to 
require that the prospective parent of an unborn Indian child receive 
remedial and rehabilitative services designed to protect the health of 
such parent and unborn child and prevent the foster care or adoptive 
placement of such child after birth.
    ``(3) Any notice provided under paragraph (1) shall contain the 
information required under section 114.'';
            (2) in subsection (d) by adding at the end the following: 
        ``The active efforts required under this subsection shall not 
        be abridged by any other Federal or State law and, in addition 
        to the efforts to prevent family breakup required under any 
        other Federal law, shall include the involvement and use of any 
        available resources of the extended family, the Indian child's 
        tribe, Indian social service agencies, and Indian caregivers 
        who have the expertise, as recognized by the Indian child's 
        tribe, to assist the Indian child's family to function as a 
        home for such child.'' and
            (3) 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 Indian child's tribe 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 certified mail (return receipt requested).
    ``(2) Any notice under paragraph (1) shall contain the information 
required under section 114.
    ``(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 whose names and addresses are included 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 certified mail (return 
receipt requested).
    ``(2) Any notice under paragraph (1) shall contain the information 
required under section 114.''.

SEC. 8. 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, 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 parents orally and in 
                        writing of all the available placement options 
                        with respect to the child involved;
                            ``(II) informed those parents orally and in 
                        writing of the applicable provisions of this 
                        Act; and
                            ``(III) certified that the biological 
                        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:
    ``(5) 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. 9. 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 (5), 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;
            ``(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 Indian child's tribe receives written notice 
                of the adoptive placement provided in accordance with 
                the requirements of subsection (c) and section 114, 
                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; or
            ``(C) the child is not in an adoptive placement.
    ``(3) Revocation of consent under this subsection 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.
    ``(4) 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.
    ``(5) Except as otherwise provided in paragraphs (2)(A), (2)(B)(i), 
and (7), if a consent to adoption or voluntary termination of parental 
rights has not been revoked by the end of the applicable period 
determined under paragraph (2)(B)(ii), 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 subsection 
        (h).
    ``(6) Subject to paragraph (7), if a consent to adoption or 
voluntary termination of parental rights is revoked under paragraph 
(5)(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.
    ``(7) 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. 10. 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 Indian child's tribe. A notice under this subsection shall be sent 
by certified mail (return receipt requested) to the Indian child's 
tribe, not later than the applicable date specified in paragraph (2) or 
(3). Any such notice shall contain the information required under 
section 114.
    ``(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 of any proposed preadoptive or adoptive placement 
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. 11. INTERVENTION BY INDIAN TRIBE.

    Section 103(d) of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1913(d)) is amended to read as follows:
    ``(e)(1) The Indian child's tribe 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 subsection (c) and section 114; 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 subsection (c) and section 114; or
                    ``(ii) 45 days after receiving a notice of the 
                voluntary adoption proceeding that was provided in 
                accordance with the requirements of subsection (c) and 
                section 114.
    ``(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 Indian child's 
tribe 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 subsection (c) and section 114.
    ``(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, and
                    ``(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 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 Indian child's tribe receives notice of that 
proceeding that was provided in accordance with the requirements of 
subsection (c) and section 114, unless such tribe consents to an 
earlier date or has given written notice to the State court or any 
party involved of its intent not to intervene.''.

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 parents of that Indian 
child. Such a party shall also provide the 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 subsection (c) and section 114. Any 
notice under this subsection shall be sent by certified mail (return 
receipt requested) to the parents of the Indian child, not later than 
the applicable date specified in paragraph (2) and shall include a copy 
of any complaint, petition, or court order affecting the rights of any 
such parents. Any such notice shall contain the information required 
under section 114.
    ``(2) Each notice required under paragraph (1) shall be sent 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.

SEC. 13. 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) 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 such proposed placement to the Indian child's 
extended family members whose names and addresses are included in any 
notice sent pursuant to subsection (c). The notice shall be provided in 
accordance with subsection (c)(2)(A) and (3)(A). A notice under this 
subsection shall be sent by certified mail (return receipt requested) 
and shall contain the information required under section 114.''.

SEC. 14. 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. The 
district courts shall have jurisdiction under section 1331 of title 28 
over any petition filed under this subsection.
    ``(b) Notwithstanding any Federal law, 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 Indian 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; or
            ``(5) 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) A petition under subsection (a) may be filed within 90 days 
after entry of a final judgment under State law and shall be 
adjudicated notwithstanding any Federal law 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, a judgment of an appellate court of a State 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. In the case of 
a petition alleging a violation of section 105, ``final judgment'' 
shall also mean an appealable order or judgment under State law that 
denies a placement of an Indian child with a member of the Indian 
child's extended family where the time to appeal under State law has 
not expired.''.

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 Indian 
tribe of an adopted Indian child, the Indian 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 or any 
other court of competent jurisdiction 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. ASSUMPTION 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. ASSUMPTION 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 any other Federal law, a State is exercising or has exercised 
jurisdiction over voluntary child custody proceedings involving Indian 
children who reside or are domiciled within the reservation of an 
Indian tribe, such Indian tribe may assume jurisdiction exclusive as to 
any State over such child custody proceedings.
    ``(b) Children Not Residing or Domiciled Within a Reservation.--(1) 
Any Indian tribe that does not exercise exclusive jurisdiction over 
child custody proceedings involving Indian children who reside or are 
domiciled within any of the following geographic areas may assume 
jurisdiction exclusive as to any State over such proceedings:
            ``(A) In the case of a tribe presently located in Oklahoma, 
        the lands that are within the jurisdictional area of any such 
        Indian tribe and are within the boundaries of such Indian 
        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, including the 
        disestablished area or portion, if any, of such reservation.
            ``(C) In the case of an Indian 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 the exterior 
                boundaries of 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 Indian tribe.
            ``(D) Lands owned in fee simple by an Indian tribe.
    ``(2) Whenever, under existing Federal law, a State has exercised 
or is exercising exclusive jurisdiction over child custody proceedings 
arising in any of the areas described in paragraph (1), a tribe may 
assume jurisdiction, for the purposes of said paragraph, that is 
exclusive as to any State or concurrent with the jurisdiction exercised 
by any State. Such an Indian tribe may limit its assumption of 
jurisdiction to types of child custody proceedings, transfer 
jurisdiction under section 101(b), or otherwise assume 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 pursuant to 
this section, the Indian 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 
Indian 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 Indian 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 all or any part of 
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 
Indian 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 Indian 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. TRIBAL-STATE 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) An agreement entered into under paragraph (1) may recognize 
the concurrent or exclusive jurisdiction of an Indian tribe over child 
custody proceedings involving the Indian children of such tribe that 
arise within any lands in the State described in such agreement, 
including all or any portion of the lands included within a service 
area designated for such tribe by or pursuant to law or regulation. 
Nothing in this paragraph shall affect the right of any such Indian 
tribe to assume exclusive or other jurisdiction within the areas 
described in section 108(a) and (b).''.
    (b) Superseding Authority of 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, or 
jurisdiction over, Indian children, entered into under subsection (a), 
shall govern such care, custody, and jurisdiction, 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. CONTENT OF NOTICES; FRAUDULENT REPRESENTATION; VISITATION; 
              ALASKA NATIVE INHERITANCE RIGHTS; COMPLIANCE REVIEWS; 
              CHILDREN OF STATE RECOGNIZED TRIBES.

    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. CONTENT OF NOTICES.

    ``(a) Proceedings in General.--Each written notice provided under 
subsection 102(a)(1), 102(g)(1), 102(h)(1), 103(c)(1), 103(h)(1), and 
103(i)(1) 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 of birth of the Indian child.
            ``(2) The Indian child's residence address and domicile, if 
        known, except that in a voluntary child custody proceeding, the 
        notice may be limited to describing in detail facts that 
        substantiate whether the Indian child resides or is domiciled 
        on a reservation or within any of the areas described in a 
        resolution adopted pursuant to section 108(c).
            ``(3) 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 last having custody 
                        of the child; and
                            ``(ii) the other birth parent (if 
                        available); or
                    ``(B) otherwise ascertainable through other 
                reasonable inquiry.
            ``(4) A statement of the reasons why the child involved may 
        be an Indian child.
            ``(5) The tribal affiliation, if any, of the Indian child's 
        prospective or actual foster care, preadoptive or adoptive 
        parents, as the case may be.
            ``(6) The names and addresses of the parties involved in 
        any applicable child custody proceeding or contemplated 
        proceeding in a State court.
            ``(7)(A) The name and address of the State court in which a 
        child custody proceeding referred to in paragraph (6) is 
        pending or will be filed;
            ``(B) the date and time of any related court proceeding 
        that is scheduled as of the date on which the notice is 
        provided; and
            ``(C) a statement describing the nature of the court 
        proceeding, the allegations made in support of the complaint or 
        petition, and the relief sought.
            ``(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 describing the right of each Indian 
        tribe identified under paragraph (9) to intervene in the 
        proceeding referred to in paragraph (6).
            ``(12) A statement describing the right of each extended 
        family member identified under paragraph (3) to intervene in 
        the proceeding referred to in paragraph (6) in order to seek 
        the placement of the Indian child, including the following:
                    ``(A) 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 
                Indian child; and
                    ``(B) 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.
            ``(13) A statement that each extended family member 
        identified under paragraph (3) has the right to seek the 
        placement of the Indian child without having to intervene in 
        the proceeding referred to in paragraph (6), including the 
        information required under paragraph 12.
            ``(14) A statement describing the right of the parent or 
        Indian custodian and of each Indian tribe identified under 
        paragraph (9) to request that the proceeding be transferred to 
        the tribal court of the Indian child's tribe.
            ``(15) A statement of the potential legal consequences of 
        an adjudication of the complaint or petition on the rights of 
        any parent, Indian custodian, extended family member, or Indian 
        tribe and the potential legal consequences for failing to 
        respond to the complaint or petition.
            ``(16) A statement as to whether a written response to the 
        complaint, petition, or notice 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.
            ``(17) A copy of any complaint or petition and court 
        orders.
    ``(b) Proceedings Under Section 102.--In addition to the 
information required under subsection (a), any notice provided under 
section 102(a)(1) shall contain the following:
            ``(1) 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.
            ``(2) 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.
            ``(3) As may be applicable, a statement of the 
        circumstances supporting, or that supported, a foster care 
        placement, termination of the parental rights of the parent of 
        the Indian child, or the adoptive placement of the Indian 
        child.
            ``(4) 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.
            ``(5) If applicable, a statement of the reasons why the 
        foster care, preadoptive, or adoptive placement of the Indian 
        child involved was terminated or changed and the date of such 
        termination or change.
    ``(c) Notice Under Section 103(c).--In addition to the information 
required under subsection (a), any notice provided under section 
103(c)(1) shall contain the following:
            ``(1) An inquiry concerning whether the Indian tribe that 
        receives notice under section 103(c) intends to intervene under 
        section 103(e) or waive any such right to intervention.
            ``(2) A statement that, if the Indian tribe that receives 
        notice under section 103(c) fails to respond in accordance with 
        section 103(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 
        notice in accordance with the requirements of section 103(c) 
        and this section.
            ``(3) 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.
    ``(d) Notice Under Section 103(h).--In addition to the information 
required under subsection (a), any notice provided under section 
103(h)(1) shall contain the following:
            ``(1) In the case of a notice of a termination or change in 
        an adoptive placement--
                    ``(A) a description of the rights of the parent or 
                parents of an Indian child under paragraphs (2) and (3) 
                of section 103(b) and, if applicable, section 106(a); 
                and
                    ``(B) 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.
            ``(2) In the case of a notice of the commencement of an 
        adoption proceeding--
                    ``(A) the date on which the adoption proceeding, 
                was commenced; and
                    ``(B) if known, the date that is the end of the 
                180-day period beginning on the date on which the 
                Indian child's tribe received written notice of the 
                adoptive placement.
            ``(3) In the case of a notice of the date on which the 
        Indian child's tribe received written notice of the adoptive 
        placement--
                    ``(A) 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; and
                    ``(B) if known, the 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.

``SEC. 115. 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 or 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 the first 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. 116. VISITATION.

    ``Notwithstanding any other provision of law (including any State 
law)--
            ``(1) a court may approve, as part of an adoption decree of 
        that Indian child, an agreement that states that a birth 
        parent, an extended family member, or the Indian child's tribe 
        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 under 
        paragraph (1) shall not be considered to be grounds for setting 
        aside a final decree of adoption.

``SEC. 117. ALASKA NATIVE POSTADOPTION INHERITANCE RIGHTS.

    ``(a) Laws Governing Intestate Succession.--(1) Subject to any 
Federal law governing the intestate succession of the estate of any 
Indian, including any law enacted pursuant to any such Federal law, but 
notwithstanding the law of any State otherwise to the contrary, upon 
the entry of an order terminating the parental rights of a parent of an 
Alaska Native child or a decree of adoption, whether interlocutory or 
final, of an Alaska Native child in any State court or whenever an 
Alaska Native child is otherwise deemed to have been adopted under the 
law of any State, the right of the Alaska Native child and the issue of 
the Alaska Native child to inherit from and through the Alaska Native 
child's natural parents and their kindred under the laws governing 
intestate succession of any such State shall not be affected by reason 
of such adoption or termination. The property of such natural parents 
and their kindred shall pass to the Alaska Native child and the issue 
of the Alaska Native child if, under the laws governing intestate 
succession, the Alaska Native child or issue would have taken had the 
decedent's parental rights not been terminated or had the Alaska Native 
child not been adopted.
    ``(2) If an Alaska Native child who has been adopted, or whose 
relationship with a parent has been terminated, shall die intestate, 
without surviving issue, any real or personal property of the Alaska 
Native child derived by deed, gift, will, or inheritance from the 
Alaska Native child's natural parents, or from either of them or their 
kindred, and capable of identification as such, shall pass, according 
to the statutes governing intestate succession, to those persons who 
would have taken had the decedent not been adopted or had such 
decedent's relationship with a parent not been terminated.
    ``(3) An adopted Alaska Native child who is related to the decedent 
both by natural relationship and by adoption shall be entitled to 
inherit only under the natural relationship unless the decedent is also 
the adoptive parent, in which case the adoptive child shall then be 
entitled to inherit pursuant to the adoptive relationship only.
    ``(b) Testamentary Succession.--(1) Subject to any Federal law 
governing the testamentary disposition of the estate of any Indian and 
notwithstanding the law of any State otherwise to the contrary, upon 
the entry of an order terminating the parental rights of a parent of an 
Alaska Native child or the entry of a decree of adoption, whether 
interlocutory or final, of an Alaska Native child in any State court or 
whenever an Alaska Native child is otherwise deemed to have been 
adopted under the laws of any State, the right of the Alaska Native 
child and the issue of the Alaska Native child to take under the 
provisions of any instrument of testamentary gift, bequest, devise, or 
legacy, whether executed before or after the decree of adoption or 
termination, shall not be affected by reason of such adoption or 
termination if the Alaska Native child or issue is expressly included 
therein by name, whether so known prior to or after adoption, or by 
some classification based on a parent-child or family relationship, 
notwithstanding that such relationship, as a matter of law, may have 
been altered or severed by the decree of adoption, termination or 
otherwise, unless such instrument expresses a contrary intention in 
defining or describing any such class.
    ``(2) For purposes of this subsection, unless the testator, 
testatrix, or creator expresses a contrary intention, a disposition of 
property to persons described in any instrument as the issue, children, 
descendants, heirs, heirs-at-law, next of kin, distributees (or by any 
term of like import) of such testator, testatrix, or creator includes 
any Alaska Native child who is the biological child of such testator, 
testatrix, or creator, and who has been adopted or whose relationship 
with a parent has been terminated, and the issue of such child.
    ``(3) A person who, by reason of this subsection, would be a member 
of the designated class, or a member of two or more designated classes 
pursuant to a single instrument, both by natural relationship and by 
adoption shall be entitled to benefit only under the natural 
relationship, unless the testator, testatrix, or creator is the 
adoptive parent, in which case the person shall then be entitled to 
benefit only under the adoptive relationship.
    ``(c) Trusts Benefiting Alaska Native Children.--Subject to any 
Federal law governing the right to benefit from a trust created by any 
Indian and notwithstanding the law of any State otherwise to the 
contrary, upon the entry of an order terminating the parental rights of 
a parent of an Alaska Native child or the entry of a decree of 
adoption, whether interlocutory or final, of an Alaska Native child in 
any State court or whenever an Alaska Native child is otherwise deemed 
to have been adopted under the laws of any State, any interest of the 
Alaska Native child and the issue of the Alaska Native child in a trust 
or trust equivalent, whether created before or after the decree of 
adoption or termination, shall not be affected by reason of such 
adoption or termination if the Alaska Native child or issue is 
expressly included therein by name, whether so known prior to or after 
adoption, or by some classification based on a parent-child or family 
relationship, notwithstanding that such relationship, as a matter of 
law, may have been altered or severed by the decree of adoption, 
termination, or otherwise, unless such trust or trust equivalent 
expresses a contrary intention in defining or describing any such 
class.
    ``(d) Effect of Conflicting Tribal Law.-- Whenever any provision of 
this section is contrary to the law or custom of the tribe of an Alaska 
Native child, including a determination by a tribal court defining such 
law or custom or applying such law or custom in a manner affecting the 
rights under this section of an identified Alaska Native child, such 
provision shall have no force or effect.
    ``(e) Special Rule for Equitable Adoptions.--Any provision of this 
section to the contrary notwithstanding, whenever an Alaska Native 
child is deemed to have been equitably adopted under the laws of any 
State or whenever such a child has been adopted pursuant to the customs 
of an Indian tribe located in the State of Alaska, such child shall not 
have the right pursuant to this section to inherit or take property 
from or through a natural parent or, as the case may be, from or 
through an adoptive parent when--
            ``(1) such parent is a member of an Indian tribe located in 
        the State of Alaska; and
            ``(2) such a right is contrary to the laws or customs of 
        such tribe.
    ``(f) Effective Date.--This section shall apply to intestate 
estates on the date of enactment of this Act and to any testamentary 
instrument of a person who dies on or after the date that is 180 days 
after the date of enactment of this Act, including lifetime instruments 
executed on or after such date and lifetime instruments theretofore 
executed which on the date of enactment of this Act are subject to the 
grantor's power to revoke or amend.
    ``(g) Vested Rights.--(1) The provisions of this section shall not 
impair or defeat any rights which have vested before the date that is 
180 days after the date of enactment of this Act, or which have vested 
prior to any adoption regardless of when the adoption occurred.
    ``(2) Nothing in this section shall impair or defeat the right of 
any Alaska Native child who has been adopted to inherit from and 
through the Alaska Native child's adoptive parents and their kindred 
under the law of devise, descent, and distribution of any State.
    ``(h) Definitions.--For purposes of this section--
            ``(1) the term `Alaska Native child' shall mean any adopted 
        person who is a `Native' as defined in section 3(b) of the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)) or any 
        adopted person who is a member of or eligible for membership in 
        an Indian tribe located in the State of Alaska; and
            ``(2) the term `natural parent' or `parent' shall mean any 
        biological parent of an Alaska Native child, including the 
        unwed father where paternity has been acknowledged or 
        established.

``SEC. 118. COMPLIANCE REVIEWS.

    ``(a) In General.--The Secretary of Health and Human Services, in 
consultation with the Secretary of the Interior and 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. 
Regulations promulgated pursuant to this section shall place special 
emphasis on reviewing substantial conformity with the placement 
preference requirements of section 105 and prioritize enforcement of 
conformity with such requirements.
    ``(b) Minimum Standards.--For purposes of conformity determinations 
with respect to section 105, the regulations promulgated pursuant to 
this section shall fix minimum standards for such conformity, which may 
include standards for each State or such other standards as the 
Secretary may determine to be most practical and effective in achieving 
compliance with the placement preference requirements of section 105. 
Whenever a State is not in substantial conformity with such standards, 
the Secretary shall require an action plan under subsection (d)(6)(A).
    ``(c) Report.--For the purpose of establishing or adjusting the 
minimum standards applicable to determining conformity with the 
requirements of section 105, the Secretary shall prepare, in 
consultation with the Secretary of the Interior and Indian tribes, a 
report identifying on a State-by-State basis for each year from 1995 
through the date of the enactment of this Act--
            ``(1) the number of Indian children placed in foster, 
        preadoptive, or adoptive homes;
            ``(2) the number of Indian children placed in each of the 
        preferred placement preference categories designated in section 
        105; and
            ``(3) the number of Indian children not placed in a 
        preferred placement category.
For those children not placed in a preferred placement category, the 
report shall identify the good cause basis for the placement. The 
report shall include placements made by public agencies, agencies 
licensed by a State, and individuals. The report shall be completed not 
later than one year following the effective date of this section.
    ``(d) Elements of Review System.--The regulations referred to in 
subsection (a) of this section shall--
            ``(1) limit conformity reviews to States in which either an 
        Indian tribe is located or there is an Indian population of 
        more than 10,000;
            ``(2) require consultation with the Secretary and affected 
        Indian tribes in planning and carrying out any conformity 
        review;
            ``(3) specify the timetable for conformity reviews, 
        including--
                    ``(A) an initial review of each covered State not 
                later than 3 years after 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 that 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;
            ``(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 
                and submit to the Secretary for approval, not later 
                than 120 days after such final determination, a 
                corrective action plan to end the failure to so 
                conform, designed with specific implementation 
                timetables, and developed in consultation with affected 
                Indian tribes, Indian organizations within such State 
                with expertise concerning the requirements of this Act 
                or, in the absence of such Indian tribes or Indian 
                organizations, national Indian organizations with such 
                expertise; 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; and
            ``(7) require the Secretary, not later than 60 days after 
        the date on which a State submits a corrective action plan, 
        to--
                    ``(A) approve the plan; or
                    ``(B)(i) if the corrective action plan does not 
                meet the requirements for approval, consult with the 
                State, the Secretary of the Interior and affected 
                Indian tribes and seek agreement from the State to 
                modifications that meet such requirements; and
                    ``(ii) in the absence of an agreement with the 
                State, amend the plan to include such modifications as 
                the Secretary may deem necessary in order to approve 
                such plan.
    ``(e) Promulgation of Regulations.--The regulations referred to in 
subsection (a) shall be promulgated not later than 180 days after the 
date of the enactment of this Act.
    ``(f) 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 after a final 
        determination by the Secretary that the 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 corrective action plan, the Attorney General 
        may bring an action against the State or agency in any 
        appropriate United States district court seeking to compel the 
        adoption of a corrective 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 
        such official or agency licensed by a State.
            ``(3) Intervention.--Upon timely application, an 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.--An action under paragraph (1) 
        may not be brought more than 3 years after the date of the 
        Secretary's determination. The computation of the 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 an action or proceeding brought 
        pursuant to paragraph (1) or (2), the court, in its discretion, 
        may allow a prevailing Indian tribe reasonable attorney's fees, 
        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 
        requiring a State to adopt a corrective action plan, or 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. 119. CHILDREN OF STATE-RECOGNIZED AND CANADIAN TRIBES.

    ``(a) For the purposes of sections 101(c), 102, 103, 104, 105, 106, 
107, 110, 111, 112, 114, 115, and 116, the term `Indian child' shall 
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, or by the 
Government of Canada or any province or territory thereof, and the term 
`Indian tribe' shall include such tribal entities, when such a tribe 
has adopted and provided to the Secretary a resolution--
            ``(1) consenting to the application of such provisions to 
        such children;
            ``(2) describing the requirements for tribal membership and 
        annexing any constitution, laws, or regulations stating such 
        requirements;
            ``(3) providing the tribe's address and telephone number;
            ``(4) 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;
            ``(5) identifying the name, address, and telephone number 
        of the tribe's agent for service of process; and
            ``(6) including, as an attachment, a law or other 
        documentation from a State or from said Government of Canada or 
        any province or territory thereof establishing that such State 
        or said Government of Canada or any province or territory 
        thereof recognizes such tribe and, in the case of a tribe 
        recognized by a State, that such State consents to the 
        application of such provisions to such tribe's children.
    ``(b) Not later than 60 days after receipt of a resolution 
described in subsection (a)(1) or the documentation described in 
subsection (a)(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.
    ``(c) The 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)(iii), and (1)(iv) 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; and
                    ``(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 
                certified by an Indian tribe to be a part of its 
                community and is a child of a member of an Indian tribe 
                or of a person who is eligible for membership in 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 an Alaska Native village; 
                        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 paragraph 
                (4)(C), an Indian tribe that certifies such a child to 
                be part of its community; or
                    ``(C) in the case of an Indian child who is 
                certified to be part of the community of more than 1 
                Indian tribe, the Indian tribe with which the Indian 
                child has the most significant contacts, unless the 
                Indian tribe with which the Indian child has the most 
                significant contacts designates, with the consent of 
                the Indian tribe to be designated as the Indian child's 
                tribe, another Indian tribe in which the Indian child 
                is a member, eligible for membership, or of which the 
                Indian child is certified 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.''.

SEC. 21. FOSTER AND ADOPTIVE HOME BACKGROUND CHECKS, LICENSING, AND 
              APPROVAL.

    Section 408 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3207) is amended by adding at the end the 
following:
    ``(d)(1) Investigations conducted under this section shall be 
deemed to satisfy any requirement under any other Federal law for 
background checks in connection with the placement of an Indian child 
in a foster home, an institution, or an adoptive home.
    ``(2) Any foster or adoptive home licensed or approved by an Indian 
tribe under standards equal to or more stringent than those established 
under subsection (c)(2) shall be deemed to satisfy the requirements of 
any other Federal law pertaining to the licensing or approval of foster 
or adoptive homes.''.

SEC. 22. SEVERABILITY.

    Section 403 of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1963) is amended to read as follows:

``SEC. 404. SEVERABILITY.

    ``If any provision of this Act or the application thereof to any 
person or circumstance is held invalid, the remainder of this Act and 
the application of such provision to other persons or circumstances 
shall not be affected thereby.''.
                                 <all>