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.

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

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.

END