§ 628. Payments to Indian tribal organizations

Footnotes

1. 1 So in original. Probably should be followed by a comma.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   Adoption Assistance and Child Welfare Act of 1980

   Pub. L. 96–272 title I § 103(b) · 94 Stat. 500

   Enacted · 42 U.S.C. § 628

   Aug. 14, 1935, ch. 531, title IV, § 428, as added Pub. L. 96–272, title I, § 103(b), June 17, 1980, 94 Stat. 520

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title IV, § 428, as added Pub. L. 96–272, title I, § 103(b), June 17, 1980, 94 Stat. 520

   Enacted provision · exact public law section
   (b) Part B of title IV of such Act is amended by adding at the end thereof the following new sections: “Sec. 427. “foster care protection required for additional federal payments (a) If, for any fiscal year after fiscal year 1979, there is 42 USC 627. appropriated under section 420 a sum in excess of $141,000,000, a State shall not be eligible for payment from its allotment in an amount greater than the amount for which it would be eligible if such appropriation were equal to $141,000,000, unless such State— “(1) has conducted an inventory of all children who have been in foster care under the responsibility of the State for a period of six months preceding the inventory, and determined the appropriateness of, and necessity for, the current foster placement, whether the child can be or should be returned to his parents or should be freed for adoption, and the services necessary to facilitate either the return of the child or the placement of the child for adoption or legal guardianship; and “(2) has implemented and is operating to the satisfaction of the Secretary— “(A) a statewide information system from which the status, demographic characteristics, location, and goals for the placement of every child in foster care or who has been in such care within the preceding twelve months can readily be determined; “(B) a case review system (as defined in section 475(5)) for each child receiving foster care under the supervision of the State; and “(C) a service program designed to help children, where appropriate, return to families from which they have been removed or be placed for adoption or legal guardianship. “(c) If, for each of any two consecutive fiscal years after the fiscal year 1979, there is appropriated under section 420 a sum equal to $266,000,000, each State’s allotment amount for any fiscal year after such two consecutive fiscal years shall be reduced to an amount equal to its allotment amount for the fiscal year 1979, unless such State— “(1) has completed an inventory of the type specified in subsection (a)(1); “(2) has implemented and is operating the program and systems specified in subsection (a)(2); and “(3) has implemented a preplacement preventive service program designed to help children remain with their families. “(c) Any amounts expended by a State for the purpose of complying with the requirements of subsection (a) or (b) shall be conclusively presumed to have been expended for child welfare services. “Sec. 428. “payments to indian tribal organizations (a) The Secretary may, in appropriate cases (as determined by the Secretary) make payments under this part directly to an Indian tribal organization within any State which has a plan for child welfare services approved under this part. Such payments shall be made in such manner and in such amounts as the Secretary determines to be appropriate. “(b) Amounts paid under subsection (a) shall be deemed to be a part of the allotment (as determined under section 421) for the State in which such Indian tribal organization is located. “(c) For purposes of this section— “(1) the term ‘tribal organization’ means the recognized governing body of any Indian tribe, or any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body; and “(2) the term ‘Indian tribe’ means any tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (Public Law 92–203; 85 Stat. 688)) which (A) is 43 USC 1601 note. recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, or (B) is located on, or in proximity to, a Federal or State reservation or rancheria.”.

2. 1993

   Omnibus Budget Reconciliation Act of 1993

   Pub. L. 103–66 title XIII § 13711(b)(3) · 107 Stat. 312

   Substituted · 42 U.S.C. § 628(a)

   Pub. L. 103–66 substituted “under this subpart” for “under this part” in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–66 substituted “under this subpart” for “under this part” in two places.

   Enacted provision · exact public law section
   (3) Section 428(a) (42 U.S.C. 628(a)) is amended by striking “this part” each place such term appears and inserting “this subpart”.

3. 1996

   Personal Responsibility and Work Opportunity Reconciliation Act of 1996

   Pub. L. 104–193 title III § 375(d) · 110 Stat. 2105

   Amended · 42 U.S.C. § 628(c)

   Pub. L. 104–193 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “For purposes of this section—

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–193 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “For purposes of this section—

   “(1) the term ‘tribal organization’ means the recognized governing body of any Indian tribe, or any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body; and “(2) the term ‘Indian tribe’ means any tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (Public Law 92–203; 85 Stat. 688)) which (A) is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, or (B) is located on, or in proximity to, a Federal or State reservation or rancheria.”

   Enacted provision · exact public law section
   (d) Conforming Amendment.— Subsection (c) of section 428 (42 U.S.C. 628) is amended to read as follows: “(c) For purposes of this section, the terms ‘Indian tribe’ and ‘tribal organization’ shall have the meanings given such terms by subsections (e) and (1) of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), respectively.”.

4. 2006

   Child and Family Services Improvement Act of 2006

   Pub. L. 109–288 § 6(f)(1) · 120 Stat. 1233

   Substituted · 42 U.S.C. § 628(b)

   Pub. L. 109–288 substituted “section 623” for “section 621”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 109–288 substituted “section 623” for “section 621”.

   Enacted provision · exact public law section
   (1) Section 428(b) of such Act (42 U.S.C. 628(b)) is amended by striking “421” and inserting “423”.

5. 2025

   Pub. L. 118–258 § 107(a)(1)(A) · 138 Stat. 2953-2955

   1. Added · 42 U.S.C. § 628(a); 42 U.S.C. § 628(b)

      Pub. L. 118–258, § 107(a)(1)(A), (3)(A), added subsecs. (a) and (b)

   2. Struck · 42 U.S.C. § 628(a); 42 U.S.C. § 628(b)

      Pub. L. 118–258, § 107(a)(1)(A), (3)(A), struck out former subsecs. (a) and (b) which read as follows:

   Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 118–258, § 107(a)(1)(A), (3)(A), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:

   “(a) The Secretary may, in appropriate cases (as determined by the Secretary) make payments under this subpart directly to an Indian tribal organization within any State which has a plan for child welfare services approved under this subpart. Such payments shall be made in such manner and in such amounts as the Secretary determines to be appropriate. “(b) Amounts paid under subsection (a) shall be deemed to be a part of the allotment (as determined under section 623 of this title) for the State in which such Indian tribal organization is located.”

   Effective date note
   Amendment by Pub. L. 118–258 effective Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as a note under section 622 of this title.

6. 2025

   Pub. L. 118–258 § 107(a)(3)(A) · 138 Stat. 2953-2955

   Redesignated · 42 U.S.C. § 628(c)

   Pub. L. 118–258, § 107(a)(3)(A), added subsec. (c). Former subsec. (c) redesignated (d)

   Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 118–258, § 107(a)(3)(A), added subsec. (c). Former subsec. (c) redesignated (d).

   Effective date note
   Amendment by Pub. L. 118–258 effective Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as a note under section 622 of this title.

7. 2025

   Pub. L. 118–258 § 107(a)(1)(C) · 138 Stat. 2953-2955

   Changed · 42 U.S.C. § 628(c)

   Pub. L. 118–258, § 107(a)(1)(C), made technical amendment to reference in original act which appears in text as reference to section 5304 of title 25

   Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 118–258, § 107(a)(1)(C), made technical amendment to reference in original act which appears in text as reference to section 5304 of title 25.

   Effective date note
   Amendment by Pub. L. 118–258 effective Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as a note under section 622 of this title.

8. 2025

   Pub. L. 118–258 § 107(a)(3)(A) · 138 Stat. 2953-2955

   Redesignated · 42 U.S.C. § 628(d)

   Pub. L. 118–258, § 107(a)(3)(A), redesignated subsec. (c) as (d)

   Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 118–258, § 107(a)(3)(A), redesignated subsec. (c) as (d).

   Effective date note
   Amendment by Pub. L. 118–258 effective Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as a note under section 622 of this title.

4 of 9 references resolved to an enrolled provision · 5 unresolved