To provide improved income security for members of the Individual Ready Reserve who are called to active duty.

Mr. Speaker, I rise today to introduce legislation with my colleagues, Congressman J.D. Hayworth of Arizona, Congressman Dale Kildee of Michigan, and Congressman Neil Abercrombie of Hawaii to amend the Indian Child Welfare Act (ICWA) of 1978. It is now a quarter century since enactment of the ICWA. The Act has been vital to the existence of Indian tribes and their families. Yet, because certain ICWA provisions have not been adequately implemented Congress's promise to protect the integrity of Indian families and tribes remains partially unfulfilled. This bill clarifies Congress's intent with regard to the ICWA in a way that would achieve full compliance with this intent.

Many of this bill's provisions are included in direct response to tribal comments on H.R. 4733, an ICWA bill I introduced last year in response to tribal concerns. This bill was drafted with the input of the Association of American Indian Affairs, Tanana Chiefs Conference, National Indian Child Welfare Association, National Congress of American Indians, various tribes and other concerned organizations. The changes that the present bill make to H.R. 4733 also reflect input from each of these named organizations. The primary goal in drafting these amendments was to improve permanency outcomes for Indian children who are placed in substitute care at a rate higher than any other group of children in America.

It has been my policy to have all affected parties participate in the legislative process to help finalize a bill for passage. With this in mind, it is my intent to later include in the legislative process other groups that are working to improve permanency outcomes for Indian children. In 2003, we still have numbers of American Indian and Alaska Native children being adopted out of their families, tribal communities and States even when qualified members of their families are available for placement. We continue to have this problem in Alaska and I have been asked to introduce amendments to further clarify the ICWA. The amendments include, among others, provisions that would:

Clarify that the ICWA applies to all Indian children involved in ``child custody proceedings'' (as defined in the ICWA) and define the minimum efforts that must be undertaken to prevent the breakup of an Indian child's family through involuntary out-of-home placement.

Require detailed notice to Indian tribes in all voluntary child custody proceedings, to parents in voluntary adoption proceedings, and to parents and tribes in all involuntary proceedings.

Clarify the right of Indian tribes to intervene in all voluntary State court child custody proceedings, provided that the tribes file a notice of intent to intervene or a written objection within 45 days of receiving notice of a voluntary termination of parental rights or within 100 days of receiving notice of a particular adoptive placement, and certifies that a child is a member, eligible for membership, or is the child of a member.

Require notice to extended family members and recognize their right to intervene in State child custody proceedings.

Require attorneys, public and private agencies to provide detailed information to Indian parents of their rights under ICWA.

Limit parents' rights to withdraw consent to an adoption to 6 months after relinquishment of the child or 30 days after the filing of an adoption petition, whichever is later.

Clarify tribal jurisdiction in Alaska.

Facilitate the ability of tribes without reservations, including tribes in Alaska and Oklahoma, or with disestablished reservations, to assume jurisdiction over child custody proceedings.

Narrow the grounds upon which State courts can refuse to transfer cases to tribal courts.

Clarify tribal court authority over children transferred to tribal court jurisdiction.

Define the circumstances under which State ICWA violations may be reviewed by Federal courts and provide for Federal review of State ICWA compliance.

Provides for criminal sanctions for anyone who assists a person to lie about their Indian ancestry for the purpose of avoiding application of the ICWA.

Allow State courts to enter enforceable orders providing for visitation or contact between tribes, natural parents, extended family and an adopted child.

Extend ICWA (in some cases) to cover children of State-recognized and Canadian Indian tribes and children who reside or are domiciled on a reservation and are the child of a member, but who are not eligible for tribal membership.

Make it easier for Indian adoptees to gain access to their birth records.

Establish that foster and adoptive homes licensed or approved by Indian tribes in compliance with the Indian Child Protection and Family Violence Prevention Act shall satisfy the requirements for foster and adoptive home licensing under any other Federal law.

Clarifies that the terms of tribal-State agreements regarding the care and custody of and jurisdiction over Indian children shall be controlling even when another Federal law may have different requirements.

I think it is appropriate that Congress further clarifies the ICWA to ensure that American Indian and Alaska Native children are not snatched from their families or tribal communities without cause. In July 2001, the Child Welfare League of America offered American Indians something they have longed to hear for more than three decades: an apology for taking American Indian children.

``It was genuinely believed that Indian children were better off in white homes,'' said Terry Cross, Executive Director of the National Indian Child Welfare Association. (San Antonio Express News, Sunday, July 1, 2001 Article.)

That changed in 1978 when Congress passed the Indian Child Welfare Act. Even now, Cross cites problems. ``Sometimes social workers are not properly trained to identify children as Indian. Or agencies fail to notify tribes of adoptions.'' (San Antonio Express News, Sunday, July 1, 2001 Article.)

I believe these FY 2003 ICWA amendments to be acceptable legislation which will protect the interests of prospective adoptive parents, American Indian and Alaska Natives extended families, and most importantly, American Indian and Alaska Native children.

We will seek additional input from the Department of Justice, the Department of the Interior and the Department of Health and Human Services. I am hopeful that these agencies will again embrace this legislation so that we can affirm this country's commitment to protect Native American families and promote the best interest of Native children.

I urge and welcome support from my colleagues in further clarifying the ICWA to ensure no more American Indian or Alaska Native children are lost.