[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1956 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1956

   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, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2007

  Mr. Baucus (for himself, Mr. Domenici, Mr. Bingaman, Mr. Smith, Ms. 
   Stabenow, Mr. McCain, Ms. Cantwell, and Mr. Levin) 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, and for other purposes.

    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 ``Tribal Foster Care and Adoption 
Access Act of 2007''.

SEC. 2. EQUITABLE ACCESS FOR FOSTER CARE AND ADOPTION SERVICES FOR 
              INDIAN CHILDREN IN TRIBAL AREAS.

    (a) Authority for Indian Tribes To Receive Direct Federal Title IV-
E Funds.--Section 472(a)(2)(B) of the Social Security Act (42 U.S.C. 
672(a)(2)(B)) is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking ``and'' after the semicolon 
        and inserting ``or''; and
            (3) by adding at the end the following:
                            ``(iii) an Indian tribe or a tribal 
                        organization (as defined in section 479B(a)) or 
                        a tribal consortium, if the Indian tribe, 
                        tribal organization, or tribal consortium--
                                    ``(I) operates a program under 
                                section 479B;
                                    ``(II) has a cooperative agreement 
                                with a State under section 479B(d); or
                                    ``(III) submits to the Secretary a 
                                description of the arrangements 
                                (jointly developed in consultation with 
                                the State) made by the Indian tribe or 
                                tribal consortium for the payment of 
                                funds and the provision of the child 
                                welfare services and protections 
                                required by this title; and''.
    (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 Organizations.--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 subsections (c) and (e), 
this part shall apply to an Indian tribe, tribal organization, or a 
tribal consortium that elects to operate a program under this part in 
the same manner as this part applies to a State.
    ``(c) Modification of Plan and Other Requirements.--
            ``(1) In general.--In the case of an Indian tribe, a tribal 
        organization, or a tribal consortium submitting a plan for 
        approval under section 471, the plan shall--
                    ``(A) in lieu of the requirements of section 
                471(a)(3), identify the service area or areas and 
                population to be served by the Indian tribe, tribal 
                organization, or tribal consortium;
                    ``(B) in lieu of the requirements of section 
                471(a)(10), provide for the establishment and 
                application of standards for foster family homes and 
                child care institutions pursuant to tribal standards 
                and in a manner that ensures the safety of, and 
                accountability for, children placed in foster care; and
                    ``(C) in lieu of the requirements of section 
                471(a)(20), provide procedures for conducting 
                background checks in accordance with the requirements 
                of section 408 of the Indian Child Protection and 
                Family Violence Prevention Act (25 U.S.C. 3207) and 
                regulations issued thereunder, and for conducting 
                checks of child abuse and neglect registries maintained 
                by the Federal government, by a State, and by an Indian 
                tribe, tribal organization, or tribal consortium in a 
                manner that ensures the safety of, and accountability 
                for, children placed in foster care or who are being 
                placed for adoption.
            ``(2) Determination of federal share; sources of non-
        federal share.--
                    ``(A) Per capita income.--
                            ``(i) In general.--For purposes of 
                        determining the Federal medical assistance 
                        percentage applicable to an Indian tribe, a 
                        tribal organization, or a tribal consortium 
                        under paragraphs (1) and (2) of section 474(a) 
                        (and for purposes of payments made under an 
                        arrangement described in section 
                        472(a)(2)(B)(iii)(III)), the calculation of the 
                        per capita income of the Indian tribe, tribal 
                        organization, or tribal consortium shall be 
                        based upon the service population of the Indian 
                        tribe, tribal organization, or tribal 
                        consortium as defined in the plan of the Indian 
                        tribe, tribal organization, tribal consortium, 
                        in accordance with paragraph (1)(A), except 
                        that in no case shall an Indian tribe, a tribal 
                        organization, or a tribal consortium receive 
                        less than the Federal medical assistance 
                        percentage for any State in which the tribe is 
                        located.
                            ``(ii) Consideration of other 
                        information.--Before making a calculation under 
                        clause (i), the Secretary shall consider any 
                        information submitted by an Indian tribe, a 
                        tribal organization, or a tribal consortium 
                        that the Indian tribe, tribal organization, or 
                        tribal consortium considers relevant to making 
                        the calculation of the per capita income of the 
                        Indian tribe, tribal organization, or tribal 
                        consortium.
                    ``(B) Administrative, training, and data collection 
                expenditures.--The Secretary shall, by regulation, 
                determine the proportions to be paid to Indian tribes, 
                tribal organizations, and tribal consortiums pursuant 
                to section 474(a)(3) for purposes of this section (and 
                for purposes of payments made under an arrangement 
                described in section 472(a)(2)(B)(iii)(III)), except 
                that in no case shall an Indian tribe, a tribal 
                organization, or a tribal consortium receive a lesser 
                proportion than the corresponding amount specified for 
                a State in that section.
                    ``(C) Sources of non-federal share.--An Indian 
                tribe, tribal organization, or tribal consortium may 
                use Federal, State, tribal, or private funds, which may 
                be in kind, fairly evaluated, including plant, 
                equipment, administration, and services, to match 
                payments for which the tribe, organization, or 
                consortium is eligible under section 474.
            ``(3) Modification of other requirements.--On the request 
        of an Indian tribe, tribal organization, or a tribal 
        consortium, the Secretary may modify any requirement under this 
        part if, after consulting with the Indian tribe, tribal 
        organization, or tribal consortium, the Secretary determines 
        that modification of the requirement would advance the best 
        interests and the safety of children served by the Indian 
        tribe, tribal organization, or tribal consortium.
            ``(4) Consortium.--The participating Indian tribes or 
        tribal organizations of a tribal 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, a tribal organization, 
        or a tribal consortium and a State may enter into a cooperative 
        agreement for the administration or payment of funds under this 
        part.
            ``(2) Application and enforcement of incorporated 
        provisions of this section.--If an Indian tribe, a tribal 
        organization, or a tribal 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 agreements in effect.--Any cooperative 
        agreement described in 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) John H. Chafee Foster Care Independence Program.--Except as 
provided in section 477(j), subsection (b) shall not apply with respect 
to the John H. Chafee Foster Care Independence Program established 
under section 477 (or with respect to payments made under section 
474(a)(4) or grants made under section 474(e)).''.
    (c) Application of Federal Matching Rate That Would Apply to Indian 
Tribes, Tribal Organizations, or Tribal Consortia to Expenditures Under 
State Agreements or an Agreement With the Secretary.--
            (1) Foster care maintenance and adoption assistance 
        payments.--Paragraphs (1) and (2) of section 474(a) of the 
        Social Security Act (42 U.S.C. 674(a)) are each amended by 
        inserting ``(or, with respect to such payments made during such 
        quarter under an agreement entered into by the State and an 
        Indian tribe, tribal organization, or tribal consortium, or 
        under an arrangement described in section 
        472(a)(2)(B)(iii)(III), an amount equal to the Federal medical 
        assistance percentage that would apply under subsection 
        (c)(2)(A) of section 479B (in this paragraph referred to as the 
        `tribal FMAP') if such Indian tribe, tribal organization, or 
        tribal consortium made such payments under a program operated 
        under that section, unless the tribal FMAP is less than the 
        Federal medical assistance percentage that applies to the 
        State)'' before the semicolon.
            (2) Administrative expenditures.--Section 474(a)(3) of such 
        Act (42 U.S.C. 674(a)(3)) is amended--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``section 472(i)'' and inserting 
                ``subparagraph (E) and section 472(i)'';
                    (B) in subparagraph (D), by striking ``and'' at the 
                end;
                    (C) by redesignating subparagraph (E) as 
                subparagraph (F); and
                    (D) by inserting after subparagraph (D), the 
                following new subparagraph:
                    ``(E) in the case of a State that has entered into 
                an agreement with an Indian tribe, tribal organization, 
                or tribal consortium (or an Indian tribe, tribal 
                organization, or tribal consortium with an arrangement 
                described in section 472(a)(2)(B)(iii)(III)), an amount 
                equal to the proportions that would be paid to such 
                tribe, organization, or consortium pursuant to 
                regulations issued under section 479B(c)(2)(B) if the 
                tribe, organization, or consortium operated a program 
                under that section; and''.
    (d) Hold Harmless for Indian Families Receiving Foster Care 
Maintenance Payments or Adoption Assistance.--Nothing in the amendments 
made by this Act shall be construed as authorization to terminate 
funding to any Indian or Indian family currently receiving foster care 
maintenance payments or adoption assistance on behalf of a child and 
for which the State receives Federal matching payments under paragraph 
(1) or (2) of section 474(a) of the Social Security Act (42 U.S.C. 
674(a)), regardless of whether a cooperative agreement between the 
State and an Indian tribe, tribal organization, or tribal consortium is 
in effect pursuant to subsection (d) of section 479B of such Act, or an 
Indian tribe, tribal organization, or tribal consortium elects to 
operate a foster care and adoption assistance program directly under 
such section 479B.
    (e) Nonapplication of Certain Eligibility Requirements for Indian 
Children.--Section 472(a) of the Social Security Act (42 U.S.C. 672(a)) 
is amended by adding at the end the following new paragraph:
            ``(5) Nonapplication of certain requirements for indian 
        children.--In the case of an Indian tribe, tribal organization, 
        or tribal consortium that assumes responsibility for 
        administering the program under this part through a cooperative 
        agreement with the State under subsection (d) of section 479B, 
        or that elects to operate a foster care and adoption assistance 
        program directly under section 479B, the following rules shall 
        apply:
                    ``(A) Use of affidavits, etc.--The requirement in 
                paragraph (1) shall not be interpreted so as to 
                prohibit the use of affidavits or nunc pro tunc orders 
                as verification documents in support of the reasonable 
                efforts and contrary to the welfare of the child 
                judicial determinations required under such paragraph.
                    ``(B) Residency requirement imposed under afdc 
                state plan.--Notwithstanding paragraph (3)(A), any 
                residency requirement imposed under the State plan 
                referred to in such paragraph shall not apply with 
                respect to a child for whom an Indian tribe, tribal 
                organization, or tribal consortium assumes 
                responsibility.''.
    (f) Authority To Receive Portion of State Allotment as Part of an 
Agreement To Operate the John H. Chafee Foster Care Independence 
Program.--
            (1) In general.--Section 477 of such Act (42 U.S.C. 677) is 
        amended by adding at the end the following new subsection:
    ``(j) Authority for an Indian Tribe, Tribal Organization, or Tribal 
Consortium To Receive an Allotment.--
            ``(1) In general.--An Indian tribe, tribal organization, or 
        tribal consortium with a plan approved under section 479B, 
        which is receiving funding to provide foster care under this 
        part pursuant to a cooperative agreement with a State, or that 
        provides child welfare services and protections in accordance 
        with an arrangement submitted to the Secretary under section 
        472(a)(2)(B)(iii)(III), may apply for an allotment out of any 
        funds authorized by paragraph (1) or (2) (or both) of 
        subsection (h).
            ``(2) Application.--An Indian tribe, tribal organization, 
        or tribal consortium desiring an allotment under paragraph (1) 
        shall submit an application to the Secretary to directly 
        receive such allotment that includes a plan that satisfies such 
        requirements of paragraphs (2) and (3) of subsection (b) as the 
        Secretary determines are appropriate.
            ``(3) Payments.--The Secretary shall pay an Indian tribe, 
        tribal organization, or tribal consortium with an application 
        and plan approved under this subsection from the allotment 
        determined for the tribe, organization, or consortium under 
        paragraph (4) in the same manner as is provided in section 
        474(a)(4) (and, where requested, and if funds are appropriated, 
        section 474(e)) with respect to a State, or in such other 
        manner as is determined appropriate by the Secretary, except 
        that in no case shall an Indian tribe, tribal organization, or 
        a tribal consortium receive a lesser proportion of such funds 
        than a State is authorized to receive under those sections.
            ``(4) Allotment.--From the amounts allotted to a State 
        under subsection (c) for a fiscal year, the Secretary shall 
        allot to each Indian tribe, tribal organization, or tribal 
        consortium with an application and plan approved under this 
        subsection for that fiscal year an amount equal to the tribal 
        foster care ratio determined under paragraph (5) for such 
        tribe, organization, or consortium multiplied by the allotment 
        amount of the State within which such tribe, organization, or 
        consortium is located. The allotment determined under this 
        paragraph shall be deemed to be a part of the allotment 
        determined under section 477(c) for the State in which he 
        Indian tribal organization, or tribal consortium is located.
            ``(5) Tribal foster care ratio.--For purposes of paragraph 
        (4), the tribal foster care ratio means, with respect to an 
        Indian tribe, tribal organization, or tribal consortium, the 
        ratio of--
                    ``(A) the number of children in foster care under 
                the responsibility of the Indian tribe, tribal 
                organization, or tribal consortium (either directly or 
                under supervision of the State), in the most recent 
                fiscal year for which the information is available; to
                    ``(B) the sum of--
                            ``(i) the total number of children in 
                        foster care under the responsibility of the 
                        State within which the Indian tribe, tribal 
                        organization, or tribal consortium is located; 
                        and
                            ``(ii) the number of children in foster 
                        care under the responsibility of the Indian 
                        tribe, tribal organization, or tribal 
                        consortium (either directly or under 
                        supervision of the State).''.
            (2) Authority to receive portion of state allotment as part 
        of a cooperative agreement entered into with respect to the 
        chafee program.--Section 477(b)(3)(G) of such Act (42 U.S.C. 
        677(b)(3)(G)) is amended--
                    (A) by striking ``and that'' and inserting 
                ``that''; and
                    (B) by striking the period and inserting ``; and 
                that each Indian tribe, tribal organization, or tribal 
                consortium in the State that does not receive an 
                allotment under subsection (j)(4) for a fiscal year may 
                enter into a cooperative agreement or contract with the 
                State to administer, supervise, or oversee the programs 
                to be carried out under the plan with respect to the 
                Indian children who are eligible for such programs and 
                who are under the authority of the Indian tribe and to 
                receive from the State an appropriate portion of the 
                State allotment under subsection (c) for the cost of 
                such administration, supervision, or oversight.''.
    (g) Rule of Construction.--Nothing in the amendments made by this 
Act shall be construed as affecting the responsibility of a State--
            (1) as part of the plan approved under section 471 of the 
        Social Security Act (42 U.S.C. 671), to provide foster care 
        maintenance payments and adoption assistance for Indian 
        children who are eligible for such payments or assistance and 
        who are not otherwise being served by an Indian tribe, tribal 
        organization, or tribal consortium pursuant to a foster care 
        and adoption assistance program operated under section 479B of 
        such Act; or
            (2) as part of the plan approved under section 477 of such 
        Act (42 U.S.C. 677) to administer, supervise, or oversee 
        programs carried out under that plan on behalf of Indian 
        children who are eligible for such programs if such children 
        are not otherwise being served by an Indian tribe, tribal 
        organization, or tribal consortium pursuant to an approved plan 
        under section 477(j) or a cooperative agreement or contract 
        entered into under section 477(b)(3)(G) of such Act.
    (h) Regulations.--Not later than 1 year after the date of enactment 
of this section, the Secretary, in consultation with Indian tribes, 
tribal organizations, tribal consortia, and affected States, shall 
promulgate regulations to carry out the amendments made by this Act.
    (i) Effective Date.--The amendments made by this section take 
effect on the date of enactment of this Act.
                                 <all>