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S. 1214 (95th): Indian Child Welfare Act

The text of the bill below is as of Nov 8, 1978 (Passed Congress/Enrolled Bill).

PUBLIC LAW 95-608—NOV. 8, 1978                                    92 STAT. 3069

Public Law 95-608
95th Congress
                                   An Act
To establish standards for the placement of Indian children in foster or adoptive     Nov. 8, 1978
   homes, to prevent the breakup of Indian families, and for other purposes.           [S. 1214]

   Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may                    Indian Child
be cited as the "Indian Child Welfare Act of 1978".                                  Welfare Act of
   SEC. 2. Recognizing the special relationship between the United                   1978.
States and the Indian tribes and their members and the Federal                       25 u s e 1901
responsibility to Indian people, the Congress finds—                                 note.
                                                                                     25 u s e 1901.
        (1) that clause 3, section 8, article I of the United States Con-
     stitution provides that "The Congress shall have Power * * * To
     regulate Commerce * * * with Indian tribes" and, through this
     and other constitutional authority. Congress has plenary power
     over Indian affairs;
        (2) that Congress, through statutes, treaties, and the general               Congress
     course of dealing with Indian tribes, has assumed the responsi-                 responsibihty for
     bility for the protection and preservation of Indian tribes and                 protection of
     their resources; '                                                              Indians.
        (3) that there is no resource that is more vital to the continued
     existence and integrity of Indian tribes than their children and
     that the United States has a direct interest, as trustee, in protect-
     ing Indian children who are members of or are eligible for mem-
     bership in an Indian tribe;
        (4) that an alarmingly high percentage of Indian families are
     broken up by the removal, often unwarranted, of their children
     from them by nontribal public and private agencies and that an
     alarmingly high percentage of such children are placed in non-
     Indian foster and adoptive homes and institutions; and
        (5) that the States, exercising their recognized jurisdiction over
     Indian child custody proceedings through administrative and
     judicial bodies, have often failed to recognize the essential tribal
     relations of Indian people and the cultural and social standards
     prevailing in Indian communities and families.
   SEC. 3. The Congress hereby declares that it is the policy of this                25 u s e 1902.
Nation to protect the best interests of Indian children and to promote
the stability and security of Indian tribes and families by the estab-
lishment of minimum Federal standards for the removal of Indian
children from their families and the placement of such children in
foster or adoptive homes which will reflect the unique values of Indian
culture, and by providing for assistance to Indian tribes in the opera-
tion of child and family service programs.
   SEC. 4. For the purposes of this Act, except as may be specifically               Definitions.
provided otherwise, the term—                                                        25 u s e 1903.
        (1) "child custody proceeding" shall mean and include—
             (i) "foster care placement" which shall mean any action
          removing an Indian child from its parent or Indian custodian
          for temporary placement in a foster home or institution or
          the home of a guardian or conservator where the parent or
          Indian custodian cannot have the child returned upon
          demand, but where parental rights have not been terminated;

92 STAT. 3070 PUBLIC LAW 95-608—NOV 8, 1978 (ii) "termination of parental rights" which shall mean any action resulting in the termination of the parent-child relationship ; (iii) "preadoptive placement" which shall mean the tem- porary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement; and (iv) "adoptive placement" which shall mean the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption. Such term or terms shall not include a placement based upon an act which, if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to one of the parents. (2) "extended family member" shall be as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, shall be a person who has reached the age of eight- een and who is the Indian child's grandparent, aunt or uncle, . brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent; (3) "Indian" means any person who is a member of an Indian tribe, or who is an Alaska Native and a member of a Regional 43 use 1606. Corporation as defined in section 7 of the Alaska Native Claims Settlement Act (85 Stat. 688,689); (4) "Indian child" means any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe; (5) "Indian child's tribe" means (a) the Indian tribe in which an Indian child is a member or eligible for membership or (b). in the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the more significant contacts; (6) "Indian custodian" means any Irrtiian person who has legal custody of an Indian child under tribal law or custom or under State law or to whom temporary physical care, custody, and con- trol has been transferred by the parent of such child; (7) "Indian organization" means any group, association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians; (8) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary because of their status as Indians, including any Alaska Native 43 use 1602. village as defined in section 3(c) of the Alaska Native Claims Settlement Act (85 Stat. 688, 689), as amended; (9) "parent" means any biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. It does not include the unwed father where paternity has not been acknowledged or established; (10) "reservation" means Indian country as defined in section 1151 of title 18, United States Code and any lands, not covered under such section, title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation;
PUBLIC LAW 95-608—NOV. 8, 1978 92 STAT. 3071 (11) "Secretary" means the Secretary of the Interior; and (12) "tribal court" means a court with jurisdiction over child custody proceedings and which is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe which is vested with authority over child custody proceedings. T I T L E I—CHILD CUSTODY PROCEEDINGS SEC. 101. (a) An Indian tribe shall have jurisdiction exclusive as to Indian tribes, any State over any child custody proceeding involving an Indian child exclusive who resides or is domiciled within the reservation of such tribe, except jurisdiction over where such jurisdiction is otherwise vested in the State by existing Indian child custody Federal law. Where an Indian child is a ward of a tribal court, the proceedings. Indian tribe shall retain exclusive jurisdiction, notwithstanding the 25 use 1911. residence or domicile of the child. (b) In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child's tribe, the court, in the absence of good cause to the contrary, shall transfer such proceed- ing to the jurisdiction of the tribe, absent objection by either parent, upon the petition of either parent or the Indian custodian or the Indian child's tribe: Promded, That such transfer shall be subject to declination by the tribal court of such tribe. (c) In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child, the Indian custodian of the child and the Indian child's tribe shall have a right to intervene at any point in the proceeding. (d) The United States, every State, every territory or possession of the United States, and every Indian tribe shall give full faith and credit to the public acts, records, and judicial proceedings of any Indian tribe applicable to Indian child custody proceedings to the same extent that such entities give full faith and credit to the public acts, records, and judicial proceedings of any other entity. SEC. 102. (a) In any involuntary proceeding in a State court, where Foster care the court knows or has reason to know that an Indian child is involved, placement, court the party seeking the foster care placement of, or termination of proceedings. parental rights to, an Indian child shall notify the parent or Indian 25 use 1912. custodian and the Indian child's tribe, by registered mail with return receipt requested, of the pending proceedings and of their right of intervention. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, such notice shall be given to the Secretary in like manner, who shall have fifteen days after receipt to provide the requisite notice to the parent or Indian custodian and the tribe. No foster care placement or termination of parental rights proceeding shall be held until at least ten days after receipt of notice by the parent or Indian custodian and the tribe or the Secretary: Provided^ That the parent or Indian custodian or the tribe shall, upon request, be granted up to twenty additional days to prepare for such proceeding. (b) In any case in which the court determines indigency, the parent or Indian custodian shall have the right to court-appointed counsel in any removal, placement, or termination proceeding. The court may, in its discretion, appoint counsel for the child upon a finding that such appointment is in the best interest of the child. Where State law makes no provision for appointment of counsel in such proceedings, the court
92 STAT. 3072 PUBLIC LAW 95-608—NOV. 8, 1978 shall promptly notify the Secretary upon appointment of eounsel, and the Secretary, upon certification of the presiding judge, shall pay reasonable fees and expenses out of funds which may be appropriated pursuant to the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13). (c) E a c h p a r t y to a foster care placement or termination of parental rights proceeding under State law involving an I n d i a n child shall have the right to examine all reports or other documents filed with the court upon which any decision with respect to such action may be based. (d) A n y p a r t y seeking to effect a foster care placement of, or termi- nation of parental rights to, an I n d i a n child under State law shall satisfy the court t h a t active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the I n d i a n family and that these efforts have proved unsuccessful. (e) No fester care placement may be ordered in such proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. (f) No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or I n d i a n custodian is likely to result in serious emotional or physical damage to the child. Parental rights, SEC. 103. (a) Where any parent or Indian custodian voluntarily voluntary consents to a foster care placement or to termination of parental rights, termination. such consent shall not be valid unless executed in writing and recorded 25 u s e 1913. before a judge of a court of competent jurisdiction and accompanied by the presiding judge's certificate that the terms and consequences of the consent were fully explained in detail and Avere fully understood by the parent or I n d i a n custodian. The court shall also certify that either the parent or I n d i a n custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. A n y consent given prior to, or within ten days after, birth of the I n d i a n child shall not be valid. (b) Any parent or I n d i a n custodian may withdraw consent to a foster care placement under State law at any time and, upon such withdrawal, the child shall be returned to the parent or Indian custodian. (c) I n any voluntary proceeding for termination of parental rights to, or adoptive placement of, an I n d i a n child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the child shall be returned to the parent. (d) After the entry of a final decree of adoption of an I n d i a n child in any State court, the parent may withdraw consent thereto upon the grounds t h a t consent was obtained through fraud or duress and may petition the court to vacate such decree. Upon a finding t h a t such consent was obtained t h r o u g h fraud or duress, the court shall vacate such decree and return the child to the parent. No adoption which has been effective for at least two years may be invalidated under the provisions of this subsection unless otherwise permitted under State laAV. 25 u s e 1914. S E C 104. A n y I n d i a n child who is the subject of any action for foster care placement or termination of parental rights under State law, any parent or I n d i a n custodian from whose custody such child was removed, and the I n d i a n child's tribe may petition any court of com-
PUBLIC LAW 95-608—NOV. 8, 1978 92 STAT. 3073 petent jurisdiction to invalidate such action upon a showing that such action violated any provision of sections 101,102, and 103 of this Act. SEC. 105. (a) In any adoptive placement of an Indian child under Adoptive State law, a preference shall be given, in the absence of good cause placement of to the contrary, to a placement with (1) a member of the child's Indian children. extended family; (2) other members of the Indian child's tribe; or 25 use 1915. (3) other Indian families. (b) Any child accepted for foster care or preadoptive placement shall be placed in the least restrictive setting which most approximates a family and in which his special needs, if any, may be met. The child shall also be placed within reasonable proximity to his or her home, taking into account any special needs of the child. In any foster care or preadoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with— (i) a member of the Indian child's extended family; (ii) a foster home licensed, approved, or specified by the Indian child's tribe; (iii) an Indian foster home licensed or approved by an author- ized non-Indian licensing authority; or (iv) an institution for children approved by an Indian tribe or operated by an Indian organization which has a program suit- able to meet the Indian child's needs. (c) In the case of a placement under subsection (a) or (b) of this section, if the Indian child's tribe shall establish a different order of preference by resolution, the agency or court effecting the placement shall follow such order so long as the placement is the least restrictive setting appropriate to the particular needs of the child, as provided in subsection (b) of this section. Where appropriate, the preference of the Indian child or parent shall be considered: Provided, That where a consenting parent evidences a desire for anonymity, the court or agency shall give weight to such desire in applying the preferences. (d) The standards to be applied in meeting the preference require- ments of this section shall be the prevailing social and cultural stand- ards of the Indian community in which the parent or extended family resides or with which the parent or extended family members maintain social and cultural ties. (e) A record of each such placement, under State law, of an Indian child shall be maintained by the State in which the placement was made, evidencing the efforts to comply with the order of preference specified in this section. Such record shall be made available at any time upon the request of the Secretary or the Indian child's tribe. SEC. 106. fa) Notwithstanding State law to the contrary, when- Petition, return of ever a final decree of adoption of an Indian child has been vacated or custody. set aside or the adoptive parents voluntarily consent to the termination 25 use 1916. of their parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant such petition unless there is a showing, in a proceeding subject to the provisions of section 102 of this Act, that such return of custody is not in the best interests of the child. (b) Whenever an Indian child is removed from a foster care home Removal from or institution for the purpose of further foster care, preadoptive, or foster care home. adoptive placement, such placement shall be in accordance with the provisions of this Act, except in the case where an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed. SEC. 107. Upon application by an Indian individual who has reached 25 u s e 1917. the age of eighteen and who was the subject of an adoptive placement,
92 STAT. 3074 PUBLIC LAW 95-608—NOV. 8, 1978 the court which entered the final decree shall inform such individual of the trihal affiliation, if any, of the individual's biological parents and provide such other information as may be necessary to protect any rights flowing from the individual's tribal relationship. Reassumption, SEC. 108. (a) Any Indian tribe which became subject to State juris- jurisdiction over diction pursuant to the provisions of the Act of August 15, 1953 (67 child custody Stat. 588), as amended by title IV of the Act of April 11, 1968 (82 proceedings. Stat. 73, 78), or pursuant to any other Federal law, may reassume 25 u s e 1918. jurisdiction over child custody proceedings. Before any Indian tribe 18 u s e prec. 1151 note. may reassume jurisdiction over Indian child custody proceedings, such 25 u s e 1321. tribe shall present to the Secretary for approval a petition to reassume 28 u s e 1360 such jurisdiction which includes a suitable plan to exercise such note. jurisdiction. (b) (1) In considering the petition and feasibility of the plan of a tribe under subsection (a), the Secretary may consider, among other things: (i) whether or not the tribe maintains a membership roll or alternative provision for clearly identifying the persons who will be affected by the reassumption of jurisdiction by the tribe; (ii) the size of the reservation or former reservation area which will be affected by retrocession and reassumption of jurisdiction by the tribe; (iii) the population base of the tribe, or distribution of the population in homogeneous communities or geographic areas; and (iv) the feasibility of the plan in cases of multitribal occupa- tion of a single reservation or geographic area. (2) In those cases where the Secretary determines that the jurisdic- tional provisions of section 101(a) of this Act are not feasible, he is authorized to accept partial retrocession which will enable tribes to exercise referral jurisdiction as provided in section 101(b) of this Act, or, where appropriate, will allow them to exercise exclusive juris- diction as provided in section 101(a) over limited community or geo- graphic areas without regard for the reservation status of the area affected. (c) If the Secretary approves any petition under subsection (a), the Secretary shall publish notice of such approval in the Federal Register and shall notify the affected State or States of such approval. The Indian tribe concerned shall reassume jurisdiction sixty days after publication in the Federal Register of notice of approval. If the Secre- tary disapproves any petition under subsection (a), the Secretary shall ])rovide such technical assistance as mav be necessary to enable the tribe to correct any deficiency which the Secretary identified as a cause for disapproval. (d) Assumption of jurisdiction under this section shall not affect any action or proceeding over which a court has already assumed juris- diction, except as may be provided pursuant to any agreement under section 109 oi this Act. States and Indian SEC. 109. (a) States and Indian tribes are authorized to enter into tribes, agreements with each other respecting care and custody of Indian agreements. children and jurisdiction over child custody proceedings, including 25 u s e 1919. agreements which may provide for orderly transfer of jurisdiction on a case-by-case basis and agreements which provide for concurrent jurisdiction between States and Indian tribes. (b) Such agreements may be revoked by either party upon one hundred and eighty days' written notice to the other party. Such
PUBLIC LAW 95-608—NOV. 8, 1978 92 STAT. 3075 revocation shall not affect any action or proceeding over which a court has already assumed jurisdiction, unless the agreement provides otherwise. SEC. 110. Where any petitioner in an Indian child custody proceed- Improper ing before a State court has improperly removed the child from removal of child custody of the parent or Indian custodian or has improperly retained from custody. custody after a visit or other temporary relinquishment of custody, 25 u s e 1920. the court shall decline jurisdiction over such petition and shall forth- with return the child to his parent or Indian custodian unless return- ing the child to his parent or custodian would subject the child to a substantial and immediate danger or threat of such danger. SEC. 111. In any case where State or Federal law applicable to a 25 u s e 1921. child custody proceeding under State or Federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under this title, the State or Federal court shall apply the State or Federal standard. SEC. 112. Nothing in this title shall be construed to prevent the emer- Emergency gency removal of an Indian child who is a resident of or is domiciled removal of child. on a reservation, but temporarily located off the reservation, from his 25 u s e 1922. parent or Indian custodian or the emergency placement of such child in a foster home or institution, under applicable State law, in order to prevent imminent physical damage or harm to the child. The State authority, official, or agency involved shall insure that the emergency removal or placement terminates immediately when such removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to the provisions of this title, transfer the child to the jurisdiction of the appropriate Indian tribe, or restore the child to the parent or Indian custodian, as may be appropriate. SEC. 113. None of the provisions of this title, except sections 101 (a), Effective date. 108, and 109, shall affect a proceeding under State law for foster care 25 u s e 1923. placement, termination of parental rights, preadoptive placement, or adoptive placement which was initiated or completed prior to one hundred and eighty days after the enactment of this Act, but shall apply to any subsequent proceeding in the same matter or subsequent proceedings affecting the custody or placement of the same child. TITLE II—INDIAN CHILD AND FAMILY PROGRAMS SEC. 201. (a) The Secretary is authorized to make grants to Indian 25 USe 1931. tribes and organizations in the establishment and operation of Indian child and family service programs on or near reservations and in the preparation and implementation of child welfare codes. The objective of every Indian child and family service program shall be to prevent the breakup of Indian families and, in particular, to insure that the permanent removal of an Indian child from the custody of his parent or Indian custodian shall be a last resort. Such child and family service programs may include, but are not limited to— (1) a system for licensing or otherwise regulating Indian foster and adoptive homes; J (2) the operation and maintenance of facilities for the counsel- ing and treatment of Indian families and for the temporary cus- tody of Indian children;
92 STAT. 3076 PUBLIC LAW 95-608—NOV. 8, 1978 (3) family assistance, including homemaker and home coun- selors, day care, afterschool care, and employment, recreational activities, and respite care; (4) home improvement programs; (5) the employment of professional and other trained person- nel to assist the tribal court in the disposition of domestic relations and child welfare matters; (6) education and training of Indians, including tribal court judges and staff, in skills relating to child and family assistance and service programs; (7) a subsidy program under which Indian adoptive children may be provided support comparable to that for which they would be eligible as foster children, taking into account the appropriate State standards of support for mamtenance and medical needs; and (8) guidance, legal representation, and advice to Indian fami- lies involved in tribal, State, or Federal child custody proceedings. (b) Funds appropriated for use by the Secretary in accordance with this section may be utilized as non-Federal matching share in connec- 42 use 620, tion with funds provided under titles IV-B and X X of the Social 1397. Security Act or under any other Federal financial assistance programs which contribute to the purpose for which such funds are authorized to be appropriated for use under this Act. The provision or possibility of assistance under this Act shall not be a basis for the denial or reduc- tion of any assistance otherwise authorized under titles IV-B and X X of the Social Security Act or any other federally assisted program. For purposes of qualifying for assistance under a federally assisted program, licensing or approval of foster or adoptive homes or institu- tions by an Indian tribe shall be deemed equivalent to licensing or approval by a State. Additional SEC. 202. The Secretary is also authorized to make grants to Indian services. organizations to establish and operate off-reservation Indian child and 25 use 1932. family service programs which may include, but are not limited to— (1) a system for regulating, maintaining, and supporting Indian foster and adoptive homes, including a subsidy program under which Indian adoptive children may be provided support comparable to that for which they would be eligible as Indian foster children, taking into account the appropriate State stand- ards of support for maintenance and medical needs; (2) the operation and maintenance of facilities and services for counseling and treatment of Indian families and Indian foster and adoptive children; (3) family assistance, including homemaker and home coun- selors, day care, afterschool care, and employment, recreational activities, and respite care; and (4) guidance, legal representation, and advice to Indian fami- lies involved in child custody proceedings. Funds. SEC. 203. (a) In the establishment, operation, and funding of Indian 25 use 1933. child and family service programs, both on and off reservation, the Secretary may enter into agreements with the Secretary of Health, Education, and Welfare, and the latter Secretary is hereby authorized for such purposes to use funds appropriated for similar programs of the Department of Health, Education, and Welfare: Provided^ That authority to make payments pursuant to such agreements shall be effec- tive only to the extent and in such amounts as may be provided in advance by appropriation Acts.
PUBLIC LAW 95-608—NOV. 8, 1978 92 STAT. 3077 (b) Funds for the purposes of this Act may be appropriated pur- suant to the provisions of the Act of November 2,1921 (42 Stat. 208), 25 use 13. as amended. SEC. 204. For the purposes of sections 202 and 203 of this title, the 25 use 1934. term "Indian" shall include persons defined in section 4(c) of the Indian Health Care Improvement Act of 1976 (90 Stat. 1400, 1401). 25 use 1603. T I T L E III—EECOEDKEEPING, INFORMATION AVAILABILITY, AND TIMETABLES SEC. 301. (a) Any State court entering a final decree or order in a n j Final decree, Indian child adoptive placement after the date of enactment of this information to be Act shall provide the Secretary with a copy of such decree or order included. together with such other information as may be necessary to show— 25 use 1951. 1) the name and tribal affiliation of the child; ^2) the names and addresses of the biological parents; '3) the names and addresses of the adoptive parents; and (4) the identity of any agency having files or information relat- ing to such adoptive placement. Where the court records contain an affidavit of the biological parent or parents that their identity remain confidential, the court shall include such affidavit with the other information. The Secretary shall insure that the confidentiality of such information is maintained and such information shall not be subject to the Freedom of Information Act (5 U.S.C. 552), as amended. (b) Upon the request of the adopted Indian child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian tribe, the Secretary shall disclose such information as may be necessary for the enrollment of an Indian child in the tribe in which the child may be eligible for enrollment or for determining any rights or benefits associated with that membership. Where the documents relating to such child contain an affidavit from the biological parent or parents requesting anonymity, the Secretary shall certify to the Indian child's tribe, where the information warrants, that the child's parentage and other circumstances of birth entitle the child to enroll- ment under the criteria established by such tribe. SEC. 302. Within one hundred and eighty days after the enactment of Effective date. this Act, the Secretary shall promulgate such rules and regulations Rules and as may be necessary to carry out the provisions of this Act. regulations. 25 use 1952.
92 STAT. 3078 PUBLIC LAW 95-608—NOV. 8, 1978 T I T L E IV—MISCELLANEOUS Day schools. SEC. 401. (a) It is the sense of Congress that the absence of locally 25 u s e 1961. convenient day schools may contribute to the breakup of Indian families. Report to (b) The Secretary is authorized and directed to prepare, in consulta- congressional tion with appropriate agencies in the Department of Health, Educa- committees. tion, and Welfare, a report on the feasibility of providing Indian children with schools located near their homes, and to submit such report to the Select Committee on Indian Affairs of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives within two years from the date of this Act. In developing this report the Secretary shall give particular consideration to the provision of educational facilities for children in the elementary grades. Copies to each SEC. 402. Within sixty days after enactment of this Act, the Sec- State. retary shall send to the Governor, chief justice of the highest court of 25 use 1962. appeal, and the attorney general of each State a copy of this Act, together with committee reports and an explanation of the provisions of this Act. 25 use 1963. SEC. 403. If any provision of this Act or the applicability thereof is held invalid, the remaining provisions of this Act shall not be affected thereby. Approved November 8, 1978. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1386 accompanying H.R. 12533 (eomm. on Interior and Insular Affairs). SENATE REPORT No. 95-597 (Comm. on Indian Affairs). CONGRESSIONAL RECORD: Vol. 123 (1978): Nov. 4, considered and passed Senate. Vol. 124 (1978): Oct. 14, H.R. 12533 considered and passed House; passage vacated, and S. 1214, amended, passed in lieu. Oct. 15, Senate concurred in House amendments.