[Congressional Record Volume 147, Number 35 (Thursday, March 15, 2001)]
[Senate]
[Pages S2403-S2404]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE (for himself, Mr. McCain, Mr. Inouye, Mr. Baucus, 
        Mr. Cochran, and Mrs. Feinstein):
  S. 550. 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; to the Committee on Finance.
  Mr. DASCHLE. Mr. President, today I am reintroducing legislation to 
correct an inequity in the laws affecting many Native American 
children. I am joined by Senators McCain, Inouye, Baucus, Feinstein, 
and Cochran in supporting this important piece of legislation. This 
effort is also supported by the National Indian Child Welfare 
Association, American Public Human Services Association, and National 
Congress of American Indians.
  Every year, for a variety of often tragic reasons, thousands of 
children across the country are placed in foster care. To assist with 
the cost of food, shelter, clothing, daily supervision and school 
supplies, foster parents of children who have come to their homes 
through state court placement receive money through Title IV-E of the 
Social Security Act. Additionally, states receive funding for 
administrative training and data collection to support this program. 
Unfortunately, because of a legislative oversight, many Native American 
children who are placed in foster care by tribal courts do not receive 
foster care and adoptive services to which all other income-eligible 
children are entitled.
  Not only are otherwise eligible Native children denied foster care 
maintenance payments, but this inequity also extends to children who 
are adopted through tribal placements. Currently, the IV-E program 
offers limited assistance for expenses associated with adoption and the 
training of professional staff and parents involved in the adoption. 
These circumstances, sadly, have meant that many Indian children 
receive little Federal support in attaining the permanency they need 
and deserve.
  In many instances, these children face insurmountable odds. Many come 
from abusive homes. Foster parents who open their doors to care for 
these special children deserve our help. These generous people who take 
these children into their homes should not have sleepless nights 
worrying about whether they have the resources to provide nourishing 
food or a warm coat, or even adequate shelter for these children. This 
legislation will go a long way to ease their concerns.
  Currently, some tribes and states have entered into IV-E agreements, 
but these arrangements are the exception. They also, by and large, do 
not include funds to train tribal social workers and foster and 
adoptive parents. This bill would make it clear that tribes would be 
treated like States when they run their own programs under the IV-E 
program. The bill would make funding fair and equitable for all 
children, Native and non-Native.
  The bill I am introducing today would do the following:
  Extend the Title IV-E entitlement programs to tribal placements in 
foster and adoptive homes;
  Authorize tribal governments to receive direct funding from the 
Department of Health and Human Services for administration of IV-E 
programs (tribes must have HHS-approved programs):
  Allow the Secretary flexibility to modify the requirements of the IV-
E law for tribes if those requirements are not in the best interest of 
Native children; and
  Allow continuation of tribal-State IV-E agreements.
  In a 1994 report, HHS found that the best way to serve this 
underfunded group is to provide direct assistance to tribal governments 
and qualified tribal families. I want to emphasize that this bill would 
not result in reduced funding for the States, as they would continue to 
be reimbursed for their expenses under the law. I strongly believe 
Congress should address this oversight and provide equitable benefits 
to Native American children who are under the jurisdiction of their 
tribal governments, and I hope my colleagues will join me in supporting 
this bill.
  Mr. McCAIN. Mr. President, I am pleased to cosponsor legislation with 
my colleagues, Senators Daschle, Inouye, Baucus, Feinstein and Cochran, 
to amend the Social Security Act and extend eligibility for Indian 
tribes to fully implement, like states, the Title IV-E Foster Care and 
Adoption Assistance Act. This important legislation will make certain 
that Indian children living in tribal areas have the same access to 
services of the Title IV-E Foster Care and Adoption Assistance Program 
enjoyed by other children nationwide.
  The purpose of the Title IV-E program is to ensure that children 
receive adequate care when placed in foster care and adoption programs. 
The Title IV-E program operates as an open-ended entitlement program 
for eligible state governments with approved plans. State governments 
receive funding for foster care maintenance payments to cover food, 
shelter, clothing, school supplies, and liability insurance for income-
eligible children placed in foster homes by state courts, and for 
related administrative and training costs.
  While Congress intended that the Title IV-E program should benefit 
all eligible children, Indian children who are under the jurisdiction 
of the respective tribal court are generally not considered eligible. 
When enacted, the Title IV-E law did not properly consider that Indian 
tribal governments retain sole jurisdiction over the domestic affairs 
of their own tribal members, particularly Indian children.
  State administrators have attempted to meet the intended goals of 
these programs by extending their efforts to Indian country. However, 
administrative and jurisdictional hurdles make it nearly impossible to 
provide these services. As a result, Indian children in need of foster 
care and child support are not accorded the same level of service as 
other children nationwide. Tribal governments, who are legally 
responsible for Indian children in foster care, are not entitled to 
federal reimbursement for children placed in foster care by a tribal 
court, unless the tribe, as a public agency, enters into a cooperative 
agreement with the state.
  A cooperative agreement may not sound all that difficult, but in 
reality,

[[Page S2404]]

such an agreement can prove impossible. Rather than providing 
incentives, current law often discourages states from entering into 
agreements with tribes. For example, a state is accountable for tribal 
compliance with Title IV-E requirements. If a tribe cannot fulfill a 
matching requirement, the state must assume the costs on behalf of the 
tribe in order to retain federal funds. It is entirely possible that 
states could lose their Title IV-E funds if tribal records were out of 
compliance.
  Unfortunately, State-tribal relations are not always productive, 
particularly when disputes arise over issues unrelated to child 
welfare. Providing this direct eligibility for tribal governments, with 
the same accountability and enforcement requirements, will resolve such 
problems. State agencies have indicated that direct participation by 
the tribes would help address an overburden of casework and preclude 
tension over jurisdictional issues. While direct tribal authority would 
be authorized by enactment of this legislation, I want to make clear 
that we have no intention to supplant or discourage State-tribal 
agreements. Existing agreements will be honored, while allowing Indian 
tribes to directly access needed resources for further protection for 
income-eligible Indian children.
  The Congressional Budget Office, CBO, estimated that this legislation 
would cost $236 million over a five-year period, which generally 
amounts to less than 1 percent of total federal Title IV-E 
expenditures. While this legislation does not currently include any 
identified offsets to pay for adding tribal eligibility for this 
entitlement program, I have been assured by Senator Daschle that the 
inclusion of an offset, prior to final passage, will in no way affect 
the Social Security Trust Fund or increase the federal debt. We have 
pledged to work together to find the necessary and agreeable offset for 
this program.
  Enactment of this legislation will bring an end to the disparate 
treatment of eligible Indian children under Title IV-E programs. I urge 
my colleagues to correct this unfair oversight and make the benefits of 
the Title IV-E entitlement program available for all children as 
intended.
  Mr. BAUCUS. Mr. President, I am happy to co-sponsor this legislation 
with my colleagues, Senators Daschle, McCain, Inouye, Feinstein, and 
Cochran, to extend the Title IV-E Foster Care and Adoption Assistance 
programs to Indian tribes. This legislation will enhance tribal 
sovereignty by giving tribes choices when it comes to providing child 
welfare services to their children.
  Hundreds of thousands of children are currently in foster care due to 
abuse, neglect, or abandonment. The programs authorized under Title IV-
E of the Social Security Act play an important role in safeguarding the 
well-being of these children. The programs provide funding to states to 
cover the costs of food, shelter, clothing, and other supplies for 
eligible children that are placed in foster care. States also receive 
funding for related administrative and training costs.
  Unfortunately, thousands of Native American children who meet income 
eligibility criteria are not automatically eligible to receive this 
funding if they are placed in foster care or up for adoption by a 
tribal agency. Under current law, only states can directly benefit from 
this funding source. In order to receive these monies, tribes must form 
cooperative agreements with their respective states.
  In Montana, all seven of our tribes have developed foster care 
agreements with the state government, and the agreements reportedly are 
successful for the parties involved. But we are lucky. Not all tribes 
or states have been able to form these agreements with each other. Nor 
should they have to.
  This legislation will allow tribes, like states, to submit plans to 
the Department of Health and Human Services in order to receive Title 
IV-E payments directly. Or tribes could continue their cooperative 
state agreements. The point is, this bill will give tribes choices when 
it comes to their child welfare services. It will enhance tribal 
sovereignty. And for many tribes, it will give them access to funding 
sources currently not available to them.
  I believe this legislation is important for Indian children and 
tribal sovereignty. I urge my colleagues to join us in supporting this 
bill and making Title IV-E programs available to all eligible children.
                                 ______