[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 672 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 672

   To amend part E of title IV of the Social Security Act to provide 
   equitable access for foster care and adoption services for Indian 
                       children in tribal areas.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2005

   Mr. Smith (for himself, Mr. Baucus, Mr. McCain, Mr. Bingaman, Mr. 
 Johnson, Ms. Cantwell, Mr. Cochran, and Mr. Domenici) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
   To amend part E of title IV of the Social Security Act to provide 
   equitable access for foster care and adoption services for Indian 
                       children in tribal areas.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian and Alaska Native Foster Care 
and Adoption Services Amendments of 2005''.

SEC. 2. AUTHORITY OF INDIAN TRIBES TO RECEIVE FEDERAL FUNDS FOR FOSTER 
              CARE AND ADOPTION ASSISTANCE.

    (a) Children Placed in Tribal Custody Eligible for Foster Care 
Funding.--Section 472(a) of the Social Security Act (42 U.S.C. 
672(a)(2)) is amended by striking paragraph (2) and inserting the 
following:
            ``(2) the placement and care of a child under this section 
        shall be the responsibility of--
                    ``(A) the State agency administering the State plan 
                approved under section 471;
                    ``(B) any other public agency with which the State 
                agency administering or supervising the administration 
                of the State plan approved under section 471 has made 
                an agreement that is in effect; or
                    ``(C) an Indian tribe (as defined in section 
                479B(e)) or an intertribal consortium, if the Indian 
                tribe or intertribal consortium--
                            ``(i) does not operate a program under 
                        section 479B; and
                            ``(ii)(I) has a cooperative agreement with 
                        a State under section 479B(c); or
                            ``(II) submits to the Secretary a 
                        description of the arrangements (jointly 
                        developed or developed in consultation with the 
                        State) made by the Indian tribe or intertribal 
                        consortium for the payment of funds and the 
                        provision of the child welfare services and 
                        protections required under this title;''.
    (b) Programs Operated by Indian Tribal Organizations.--Part E of 
title IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended 
by adding at the end the following:

``SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS.

    ``(a) Definitions of Indian Tribe; Tribal Organization.--In this 
section, the terms `Indian tribe' and `tribal organization' have the 
meanings given those terms in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
    ``(b) Application.--Except as provided in subsection (b), this part 
shall apply to an Indian tribe that elects to operate a program under 
this part in the same manner as this part applies to a State.
    ``(c) Modification of Plan Requirements.--
            ``(1) In general.--In the case of an Indian tribe 
        submitting a plan for approval under section 471, the plan 
        shall--
                    ``(A) in lieu of the requirement of section 
                471(a)(3), identify any service area and population to 
                be served by the Indian tribe; and
                    ``(B) in lieu of the requirement of section 
                471(a)(10), provide for the approval of foster homes in 
                accordance with tribal standards and in a manner that 
                ensures the safety of, and accountability for, children 
                placed in foster care.
            ``(2) Determination of Federal share.--
                    ``(A) Per capita income.--
                            ``(i) In general.--For purposes of 
                        determining the Federal medical assistance 
                        percentage applicable to an Indian tribe under 
                        paragraphs (1) and (2) of section 474(a), the 
                        calculation of the per capita income of an 
                        Indian tribe shall be based on the service 
                        population of the Indian tribe as defined in 
                        the plan of the tribe, in accordance with 
                        paragraph (1)(A).
                            ``(ii) Consideration of other 
                        information.--Before making a calculation under 
                        clause (i), the Secretary shall consider any 
                        information submitted by an Indian tribe that 
                        the Indian tribe considers relevant to the 
                        calculation of the per capita income of the 
                        Indian tribe.
                    ``(B) Administrative expenditures.--The Secretary 
                shall, by regulation, determine the proportions to be 
                paid to Indian tribes pursuant to section 474(a)(3), 
                except that in no case shall an Indian tribe receive a 
                lesser proportion than the corresponding amount 
                specified for a State under that section.
                    ``(C) Sources of non-federal share.--An Indian 
                tribe may use Federal or State funds to match payments 
                for which the Indian tribe is eligible under section 
                474.
            ``(3) Modification of other requirements.--On the request 
        of an Indian tribe, the Secretary may modify any requirement 
        under this part if, after consulting with the Indian tribe, the 
        Secretary determines that modification of the requirement would 
        advance the best interests and the safety of children served by 
        the Indian tribe.
            ``(4) Consortium.--The participating Indian tribes of an 
        intertribal consortium may develop and submit a single plan 
        under section 471 that meets the requirements of this section.
    ``(d) Cooperative Agreements.--
            ``(1) In general.--An Indian tribe or intertribal 
        consortium and a State may enter into a cooperative agreement 
        for the administration or payment of funds under this part.
            ``(2) Effect of section on agreements.--If an Indian tribe 
        or intertribal consortium and a State enter into a cooperative 
        agreement that incorporates any of the provisions of this 
        section, those provisions shall be valid and enforceable.
            ``(3) Prior existing agreements.--A cooperative agreement 
        under paragraph (1) that is in effect as of the date of 
        enactment of this section shall remain in full force and 
        effect, subject to the right of either party to the agreement 
        to revoke or modify the agreement pursuant to the terms of the 
        agreement.
    ``(e) Regulations.--Not later than 1 year after the date of 
enactment of this section, the Secretary, in consultation with Indian 
tribes and tribal organizations, shall promulgate regulations to carry 
out this section.''.
    (c) Effective Date.--The amendments made by this section take 
effect on the date of enactment of this Act, regardless of the date on 
which regulations are promulgated to carry out the amendments.
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