Page:United States Statutes at Large Volume 110 Part 3.djvu/526

 110 STAT. 2256 PUBLIC LAW 104-193—AUG. 22, 1996 11 USC 523 note. (c) APPLICATION OF AMENDMENTS. — The amendments made by this section shall apply only with respect to cases commenced under title 11 of the United States Code after the date of the enactment of this Act. SEC. 375. CHILD SUPPORT ENFORCEMENT FOR INDIAN TRIBES. (a) CHILD SUPPORT ENFORCEMENT AGREEMENTS. — Section 454 (42 U.S.C. 654), as amended by sections 301(b), 303(a), 312(b), 313(a), 333, 343(b), 370(a)(2), and 371(b) of this Act, is amended— (1) by striking "and" at the end of paragraph (31); (2) by striking the period at the end of paragraph (32) and inserting "; and"; (3) by adding after paragraph (32) the following new paragraph: "(33) provide that a State that receives funding pursuant to section 428 and that has within its borders Indian country (as defined in section 1151 of title 18, United States Code) may enter into cooperative agreements with an Indian tribe or tribal organization (as defined in subsections (e) and (1) of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), if the Indisui tribe or tribal organization demonstrates that such tribe or organization has an established tribal court system or a Court of Indian Offenses with the authority to establish paternity, establish, modify, and enforce support orders, and to enter support orders in accordance with child support guidelines established by such tribe or organization, under which the State and tribe or organization shall provide for the cooperative delivery of child support enforcement services in Indian country and for the forwarding of all funding collected pursuant to the fimctions performed by the tribe or organization to the State agency, or conversely, by the State agency to the tribe or organization, which shall distribute such funding in accordance with such agreement."; and (4) by adding at the end the following new sentence: "Nothing in paragraph (33) shall void any provision of any cooperative agreement entered into before the date of the enactment of such paragraph, nor shall such paragraph deprive any State of jurisdiction over Indian country (as so defined) that is lawftiliy exercised under section 402 of the Act entitled 'An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes', approved April 11, 1968 (25 U.S.C. 1322). ". (b) DIRECT FEDERAL FUNDING TO INDIAN TRIBES AND TRIBAL ORGANIZATIONS.— Section 455 (42 U.S.C. 655) is amended by adding at the end the following new subsection: "(b) The Secretary may, in appropriate cases, make direct pay- ments under this p£u-t to an Indian tribe or tribal organization which has an approved child support enforcement plan under this title. In determining whether such payments are appropriate, the Secretary shall, at a minimum, consider whether services are being provided to eligible Indian recipients by the State agency through an agreement entered into pursuant to section 454(34).". (c) COOPERATIVE ENFORCEMENT AGREEMENTS. — Paragraph (7) of section 454 (42 U.S.C. 654) is amended by inserting "and Indian tribes or tribal organizations (as defined in subsections (e) and

�