[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.''.
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