[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2770 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2770
To amend part A of title IV of the Social Security Act to reauthorize
and improve the operation of temporary assistance to needy families
programs operated by Indian tribes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 17, 2003
Mr. Pallone introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committees on
Resources, Transportation and Infrastructure, Education and the
Workforce, Agriculture, and Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend part A of title IV of the Social Security Act to reauthorize
and improve the operation of temporary assistance to needy families
programs operated by Indian tribes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Indian
Welfare Reform Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Funding for tribal TANF programs.
Sec. 4. Economic development.
Sec. 5. Tribal job training programs.
Sec. 6. Child care and development block grant funds for Indian tribes.
Sec. 7. Equitable access.
Sec. 8. Areas of Indian country or Alaskan Native villages of high
joblessness.
Sec. 9. Parity in treatment of Alaskan Natives.
Sec. 10. Authority of Indian tribes to receive Federal funds for foster
care and adoption assistance.
Sec. 11. Demonstration program to allow Indian tribes to determine
eligibility for the food stamp, medicaid,
and State children's health insurance
programs.
Sec. 12. Tribal child support enforcement programs.
Sec. 13. Break the cycle demonstration grants.
Sec. 14. Reservation of funds under the Social Services Block Grant.
Sec. 15. Research on tribal welfare programs and poverty among Indians.
Sec. 16. Effective date.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Federal Government bears a unique trust
responsibility for American Indians.
(2) Despite this responsibility, Indians remain remarkably
impoverished. According to the Bureau of the Census, 25.9
percent of American Indians live in poverty, more than twice
the national poverty rate. The average household income for
Indians in 2000 was only 75 percent of that of the rest of
Americans.
(3) In some States with substantial Indian populations, the
percentage of the welfare caseload that is made up of Indians
has increased since the enactment of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
because some Indians face substantial barriers in moving from
welfare to work.
(4) A General Accounting Office review of data from the
Bureau of the Census found that 25 of the 26 counties in the
United States with a majority of American Indians had poverty
rates ``significantly'' higher than average.
(5) Many Indian tribes are located in isolated rural areas
that lack sufficient economic opportunities, including jobs and
economic development, transportation services, child care, and
other services necessary to ensure a successful transition from
welfare to work.
(6) Tribal temporary assistance to needy families programs
have demonstrated remarkable success in moving Indians from
welfare to work.
(7) Tribal governments, unlike State governments, have not
been afforded an opportunity to administer and fully
participate in the Federal entitlement program for foster care
and adoption assistance, a program Congress recognizes as an
important component of welfare services.
(8) Welfare reform has not brought enough change to Indian
Country. Welfare reform has not, and will not, succeed unless
it adequately addresses the unique barriers many Indians face
in moving from welfare to work.
SEC. 3. FUNDING FOR TRIBAL TANF PROGRAMS.
(a) Reauthorization of Tribal Family Assistance Grants.--Section
412(a)(1)(A) of the Social Security Act (42 U.S.C. 612(a)(1)(A)) is
amended by striking ``1997'' and all that follows through ``2002'' and
inserting ``2004 through 2008''.
(b) Tribal TANF Improvement Fund.--
(1) In general.--Section 412(a) of the Social Security Act
(42 U.S.C. 612(a)) is amended by striking paragraph (2) and
inserting the following:
``(2) Tribal tanf improvement grants.--
``(A) Tribal capacity grants.--
``(i) In general.--Of the amount
appropriated under subparagraph (E) for the
period of fiscal years 2004 through 2008,
$185,000,000 of such amount shall be used by
the Secretary to award grants for tribal human
services program infrastructure improvement (as
defined in clause (v)) to--
``(I) Indian tribes that have
applied for approval of a tribal family
assistance plan and that meet the
requirements of clause (ii)(I);
``(II) Indian tribes with an
approved tribal family assistance plan
and that meet the requirements of
clause (ii)(II);
``(III) Indian tribes that have
applied for approval of a foster care
and adoption assistance program under
section 479B or that plan to enter
into, or have in place, a tribal-State
cooperative agreement under section
479B(c) and that meet the requirements
of clause (ii)(III); and
``(IV) Indian tribes that are
conducting a tribal employment services
program under a grant made under
paragraph (4) and that meet the
requirements of clause (ii)(IV).
``(ii) Priorities for awarding of grants.--
The Secretary shall give priority in awarding
grants under this subparagraph as follows:
``(I) First, for grants to Indian
tribes that have applied for approval
of a tribal family assistance plan,
that have not operated such a plan as
of the date of enactment of the
American Indian Welfare Reform Act,
that will have such plan approved, and
that include in the plan submission
provisions for tribal human services
program infrastructure improvement and
related management information systems
training.
``(II) Second, for Indian tribes
with an approved tribal family
assistance plan that are not described
in subclause (I) and that submit an
addendum to such plan that includes
provisions for tribal human services
program infrastructure improvement that
includes implementing or improving
management information systems of the
tribe (including management information
systems training), as such systems
relate to the operation of the tribal
family assistance plan.
``(III) Third, for Indian tribes
that have applied for approval of a
foster care and adoption assistance
program under section 479B or that plan
to enter into, or have in place, a
tribal-State cooperative agreement
under section 479B(c) and that include
in the plan submission under section
471 (or in an addendum to such plan)
provisions for tribal human services
program infrastructure improvement and
related management information systems
training.
``(IV) Fourth, for Indian tribes
that are conducting a tribal employment
services program under a grant made
under paragraph (4) and that provide
the Secretary with a plan for tribal
human services program infrastructure
improvement and related management
information systems training.
``(iii) Other requirements for awarding
grants.--In awarding grants under this
subparagraph, the Secretary--
``(I) may not award an Indian tribe
more than 1 grant under this
subparagraph per fiscal year;
``(II) shall award grants in such a
manner as to maximize the number of
Indian tribes that receive grants under
this subparagraph; and
``(III) shall consult with Indian
tribes located throughout the United
States.
``(iv) Application.--An Indian tribe
desiring a grant under this subparagraph shall
submit an application to the Secretary, at such
time, in such manner, and containing such
information as the Secretary may require.
``(v) Definition of human services program
infrastructure improvement.--In this
subparagraph, the term `human services program
infrastructure improvement' includes (but is
not limited to) improvement of management
information systems, management information
systems-related training, management training,
equipping offices, and renovating, but not
constructing, buildings, as described in an
application for a grant under this
subparagraph, and subject to approval by the
Secretary.
``(B) Adjusted tribal tanf grants.--
``(i) In general.--Of the amount
appropriated under subparagraph (E) for the
period of fiscal years 2005 through 2008,
$140,000,000 of such amount shall be used by
the Secretary to make supplemental grants for
each of fiscal years 2005 through 2008 to each
Indian tribe that--
``(I) has an approved tribal family
assistance plan; and
``(II) demonstrates that the number
of Indian families receiving cash
assistance under the tribal family
assistance plan as of the first quarter
of the third year of the operation of
such plan has increased by at least 20
percent over such number for the first
quarter of the first year of the
operation of such plan.
``(ii) Allocation of funds.--The Secretary,
in consultation with Indian tribes with
approved tribal family assistance plans, shall
determine a formula for the allocation of
$35,000,000 of the funds described in clause
(i) for each fiscal year described in that
clause in a manner that is proportionate to the
size, service population, and percentage
increase in the number of Indian families
served by each Indian tribe eligible for an
adjusted grant under this subparagraph for that
fiscal year. If the amount available for
allocation for a fiscal year is less than the
total amount of funds requested for allocation
among the Indian tribes for that fiscal year,
the Secretary shall allocate the funds among
such tribes on a pro rata basis.
``(C) Incentive grants to states that provide
maintenance of effort support to indian tribes.--
``(i) In general.--Subject to clause (ii),
of the amount appropriated under subparagraph
(E), $40,000,000 of such amount for each of
fiscal years 2005 through 2008 shall be used by
the Secretary to pay a State an amount equal to
50 percent of the total amount of qualified
State expenditures (as defined in section
409(a)(7)(B)(i)) incurred by the State for each
such fiscal year for support of tribal family
assistance plans.
``(ii) Pro rata reductions.--If the amount
available for making payments under clause (i)
for a fiscal year is less than the total amount
of payments otherwise required to be made under
clause (i) for the fiscal year, then the amount
otherwise payable to any State for the fiscal
year under clause (i) shall be reduced by a
percentage equal to the amount available
divided by the total amount of payments
required for that fiscal year.
``(D) Technical assistance.--
``(i) In general.--Of the amount
appropriated under subparagraph (E) for the
period of fiscal years 2004 through 2008,
$15,000,000 shall be used by the Secretary to
provide technical assistance to Indian tribes--
``(I) considering applying for or
carrying out a grant made under this
paragraph;
``(II) considering applying for or
carrying out a tribal family assistance
plan under this section; or
``(III) related to best practices
and approaches for State and tribal
coordination on the transfer of the
administration of social services
programs to Indian tribes.
``(ii) Reservation of funds.--Not less
than--
``(I) $5,000,000 of the amount
described in clause (i) shall be used
by the Secretary to support through
grants or contracts peer-learning
programs among tribal administrators;
and
``(II) $5,000,000 of such amount
shall be used by the Secretary for
making grants to Indian tribes to
conduct feasibility studies of the
capacity of Indian tribes to operate
tribal family assistance plans under
this part.
``(E) Appropriation.--Out of any money in the
Treasury of the United States not otherwise
appropriated, there are appropriated $500,000,000 for
the period of fiscal years 2004 through 2008 to carry
out this paragraph. Amounts appropriated under this
subparagraph shall remain available until expended.''.
(2) Conforming amendment.--Section 405(a) of the Social
Security Act (42 U.S.C. 605(a)) is amended by striking
``section 403'' and inserting ``sections 403 and
412(a)(2)(C)''.
(c) Eligibility for High Performance Bonus and Contingency Fund.--
(1) Bonus to reward high performance.--
(A) Reauthorization of bonus.--Section 403(a)(4) of
the Social Security Act (42 U.S.C. 603(a)(4)) is
amended--
(i) in subparagraph (E)(i), by striking
``1999'' and all that follows through ``2003''
and inserting ``2005, 2006, 2007, 2008, and
2009''; and
(ii) in subparagraph (F) by striking ``1999
through 2003'' and inserting ``2005 through
2009''.
(B) Reservation for distribution to indian
tribes.--Section 403(a)(4) of the Social Security Act
(42 U.S.C. 603(a)(4)) is amended--
(i) in subparagraph (A), by striking
``The'' and inserting ``Subject to subparagraph
(G), the''; and
(ii) by adding at the end the following:
``(G) Reservation of funds for distribution to
indian tribes.--
``(i) In general.--Of the amount available
for grants under this paragraph for a bonus
year, the Secretary shall reserve an amount
equal to 3 percent of such amount to make
grants pursuant to this subparagraph to each
Indian tribe with an approved tribal family
assistance plan that is a high performing
Indian tribe for that bonus year.
``(ii) Criteria for determining tribal
performance.--
``(I) In general.--Subject to
subclause (II), the Secretary, in
consultation with Indian tribes with
approved tribal family assistance plans
located throughout the United States,
shall determine the criteria for
determining which such tribes are high
performing Indian tribes with respect
to a bonus year.
``(II) Inclusion of certain
factors.--Such criteria shall include
factors related to the employment of
recipients of assistance under a tribal
family assistance plan and to moving
such recipients to self-sufficiency.''.
(2) Eligibility for contingency fund.--
(A) Reauthorization of contingency fund.--Section
403(b) of the Social Security Act (42 U.S.C. 603(b)),
as amended by section 617 of the Job Creation and
Worker Assistance Act of 2002 (Public Law 107-147), is
amended--
(i) in paragraph (2), by striking ``fiscal
years 1997, 1998, 1999, 2000, 2001, and 2002''
and inserting ``the period of fiscal years 2004
through 2008''; and
(ii) in paragraph (3)(C)(ii), by striking
``1997 through 2002'' and inserting ``2004
through 2008''.
(B) Reservation of funds for tribal programs.--
Section 403(b)(3) of the Social Security Act (42 U.S.C.
603(b)(3)) is amended by adding at the end the
following:
``(D) Payments to indian tribes.--
``(i) In general.--Of the total amount
appropriated pursuant to paragraph (2),
$50,000,000 of such amount shall be reserved
for making payments to Indian tribes with
approved tribal family assistance plans that
are operating in situations of increased
economic hardship.
``(ii) Determination of criteria for tribal
access.--
``(I) In general.--Subject to
subclause (II), the Secretary, in
consultation with Indian tribes with
approved tribal family assistance
plans, shall determine the criteria for
access by Indian tribes to the amount
reserved under clause (i).
``(II) Inclusion of certain
factors.--Such criteria shall include
factors related to increases in
unemployment, loss of employers, and
loss of qualified State expenditures
(as defined in section 409(a)(7)(B)(i))
in support of tribal family assistance
plans.
``(iii) Application of requirements for
payments to states.--The Secretary, in
consultation with Indian tribes with approved
tribal family assistance plans located
throughout the United States, shall determine
the extent to which requirements of States for
payments from the Fund shall apply to Indian
tribes receiving payments under this
subparagraph.''.
(3) Clarification of authority of states and indian tribes
to use tanf funds carried over from prior years to provide tanf
benefits and services.--Section 404(e) of the Social Security
Act (42 U.S.C. 604(e)) is amended--
(A) in the subsection heading, by striking
``Assistance'' and inserting ``Benefits or Services'';
and
(B) by striking ``assistance'' and inserting ``any
benefit or service that may be provided''.
SEC. 4. ECONOMIC DEVELOPMENT.
(a) Temporary Expansion of Authority for Indian Tribes to Issue
Tax-Exempt Private Activity Bonds.--
(1) In general.--Section 7871(c) of the Internal Revenue
Code of 1986 (relating to additional requirements for tax-
exempt bonds) is amended by adding at the end the following new
paragraph:
``(4) Exception for qualified indian private activity
bonds.--
``(A) In general.--In the case of any qualified
Indian private activity bond--
``(i) paragraph (2) shall not apply,
``(ii) such bond shall be treated as a
qualified bond under section 141(e), and
``(iii) section 146 shall not apply.
``(B) Qualified indian private activity bond.--For
purposes of this paragraph, the term `qualified Indian
private activity bond' means any bond which--
``(i) is issued by a qualified Indian
tribal government--
``(I) as part of an issue 95
percent or more of the net proceeds of
which are to be used to provide
qualified residential rental projects
(as defined in section 142(d), except
that for purposes of such section,
statewide median gross income shall be
used to determine tenant income),
``(II) as part of a qualified
mortgage issue (as defined in section
143(a)(2)),
``(III) as part of an issue 95
percent or more of the net proceeds of
which are to be used to provide any
facility described in section
1394(b)(1) for any business that would
qualify as an enterprise zone business
if the Indian reservation (as defined
in section 168(j)(6)) over which the
qualified Indian tribal government
exercises general governmental
authority were treated as an
empowerment zone, or
``(IV) as part of an issue to be
used for more than 1 of the purposes
described in the preceding subclauses,
and
``(ii) meets the requirements of
subparagraphs (D) and (E).
``(C) Qualified indian tribal government.--For
purposes of this paragraph, the term `qualified Indian
tribal government' means an Indian tribal government
which exercises general governmental authority over an
Indian reservation (as so defined) with a joblessness
rate among members of the tribe of at least 20 percent
for the most recent calendar year preceding the
issuance of a bond under this section (as determined
under the report for such year published by the Bureau
of Indian Affairs under section 17(a) of the Indian
Employment, Training and Related Services Demonstration
Act of 1992 (25 U.S.C. 3416(a))).
``(D) Designation requirements.--A bond meets the
requirements of this subparagraph if it is issued as
part of an issue designated as a qualified Indian
private activity bond for a purpose described in
subclause (I), (II), or (III) of subparagraph (B)(i) by
the qualified Indian tribal government.
``(E) Volume requirements.--A bond issued as part
of an issue meets the requirements of this subparagraph
if such bond is issued after December 31, 2003, and
before January 1, 2009, and the aggregate face amount
of the bonds issued pursuant to such issue, when added
to the aggregate face amount of qualified Indian
private activity bonds previously issued by such
qualified Indian tribal government, does not exceed
$10,000,000 (excluding bonds issued under paragraph
(3)).
``(F) Application of section 42 to residential
rental projects financed by bonds under this
paragraph.--In the case of bonds described in
subparagraph (B)(i)(I), issuance under the requirements
of subparagraph (E) shall be treated as issuance under
the requirements of section 146 for purposes of
determining the application of section 42 to projects
financed by the net proceeds of such bonds.
``(G) Special rule for determining enterprise zone
business.--For purposes of subparagraph (B)(i)(III), an
enterprise zone business shall not include any facility
a principal business of which is the sale of tobacco
products or highway motor fuels.
``(H) Bond interest not an amt preference item.--
For purposes of section 57(a)(5), a bond designated
under subparagraph (D) as a qualified Indian private
activity bond shall not be treated as a specified
private activity bond.
``(I) Report.--The Secretary shall compile
necessary data from reports relating to the issuance of
bonds under this paragraph and shall report to Congress
not later than September 30 of any year following the
calendar year in which Indian tribal governments issued
bonds under this paragraph and the activities for which
such bonds were issued.''.
(2) Conforming amendments.--
(A) Section 7871(c)(2) of the Internal Revenue Code
of 1986 is amended by striking ``paragraph (3)'' and
inserting ``paragraphs (3) and (4)''.
(B) Section 7871 of such Code is amended--
(i) by striking clause (iii) of subsection
(c)(3)(E), and
(ii) by adding at the end the following new
subsection:
``(f) Net Proceeds.--For purposes of this section, the term `net
proceeds' has the meaning given such term by section 150(a)(3).''.
(3) Effective date.--The amendments made by this subsection
shall apply to bonds issued after December 31, 2003.
(b) Tribal Development Grants.--
(1) Authority to award grants.--
(A) In general.--The Secretary of Health and Human
Services (in this subsection referred to as the
``Secretary''), through the Commissioner of the
Administration for Native Americans, shall award grants
to Indian tribes, tribal organizations, and nonprofit
organizations to enable such tribes and organizations
to provide technical assistance to Indian tribes and
tribal organizations in any or all of the following
areas:
(i) The development and improvement of
uniform commercial codes.
(ii) The creation or expansion of small
business or micro-enterprise programs.
(iii) The development and improvement of
tort liability codes.
(iv) The creation or expansion of tribal
marketing efforts.
(v) The creation or expansion of for-profit
collaborative business networks.
(vi) The development of innovative uses of
telecommunications to assist with distance
learning or telecommuting.
(B) Requirements.--In awarding grants under this
subsection the Secretary shall--
(i) give priority to awarding grants to
Indian tribes; and
(ii) consult with other Federal agencies
with expertise in the areas described in
subparagraph (A).
(C) Application.--An Indian tribe, tribal
organization, or nonprofit organization desiring a
grant under this subsection shall submit an application
to the Secretary at such time, in such manner, and
containing such information as the Secretary may
require.
(2) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated $50,000,000 for the period of fiscal years 2004
through 2008 to make the grants authorized under this
subsection.
(c) Job Access and Reverse Commute Grants.--Section 3037 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 5309 note) is
amended--
(1) in subsection (b)--
(A) in paragraph (4)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) an Indian tribe or a tribal organization (as
defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b)).''; and
(B) in paragraph (5), by inserting ``or tribal''
after ``State'';
(2) in subsection (c), by adding at the end the following:
``(3) Grants to indian tribes and tribal organizations.--
The Secretary--
``(A) may modify the requirements applicable to
grants made under this section in the case of a grant
made to a qualified entity described in subsection
(b)(4)(C); and
``(B) shall, with respect to the nongovernmental
share of the total cost of an eligible project, permit
such share to be derived from Federal funds (other than
funds provided under this section) or in-kind
resources, fairly valued, including facilities,
equipment, or services.'';
(3) in subsection (f), by striking ``In awarding'' and
inserting ``Subject to subsection (c)(3), in awarding''; and
(4) in subsection (l)--
(A) in the matter preceding subparagraph (A) of
paragraph (3), by inserting ``(after the application of
paragraph (4))'' after ``fiscal year''; and
(B) by adding at the end the following:
``(4) Set-aside for grants to indian tribes and tribal
organizations.--Of the amounts made available by or
appropriated under paragraph (1) to carry out this section for
a fiscal year, not less than 3 percent of such amounts shall be
used to make grants to qualified entities described in
subsection (b)(4)(C).''.
(d) Grants to Improve Access to Transportation.--Section 412(a) of
the Social Security Act (42 U.S.C. 612(a)), as amended by section 5(a),
is amended by adding at the end the following:
``(5) Grants to improve access to transportation.--
``(A) Purposes.--The purposes of this paragraph are
to--
``(i) assist Indian families with children
obtain dependable, affordable automobiles to
improve their employment opportunities and
access to training; and
``(ii) provide incentives to Indian tribes,
tribal organizations, States, local
governments, and nonprofit entities to develop
and administer programs that provide assistance
with automobile ownership for Indian families
with children.
``(B) Definitions.--In this paragraph:
``(i) Locality.--The term `locality' means
a municipality that does not administer a State
program funded under this part.
``(ii) Indian family with children.--The
term `Indian family with children' means a
household that is eligible for benefits or
services funded under a tribal family
assistance plan, the State program funded under
this part, or under a program funded with
qualified State expenditures (as defined in
section 409(a)(7)(B)(i)).
``(iii) Nonprofit entity.--The term
`nonprofit entity' means a school, local
agency, organization, or institution owned and
operated by 1 or more nonprofit corporations or
associations, no part of the net earnings of
which inures, or may lawfully inure, to the
benefit of any private shareholder or
individual.
``(C) Authority to award grants.--
``(i) In general.--The Secretary may award
grants to Indian tribes, tribal organizations,
States, counties, localities, and nonprofit
entities to promote improving access to
dependable, affordable automobiles by Indian
families with children.
``(ii) Requirements.--
``(I) Priority for indian tribes.--
In awarding grants under this
paragraph, the Secretary shall give
priority to awarding grants to Indian
tribes.
``(II) Consultation.--The Secretary
shall consult with Indian tribes
regarding the establishment of criteria
for giving priority to Indian tribes
under subclause (I) and the grant
approval criteria under subparagraph
(D).
``(D) Grant approval criteria.--The Secretary shall
establish criteria for approval of an application for a
grant under this paragraph that include consideration
of--
``(i) the extent to which the proposal, if
funded, is likely to improve access to training
and employment opportunities and child care
services by Indian families with children by
means of car ownership;
``(ii) the level of innovation in the
applicant's grant proposal; and
``(iii) any partnerships between the public
and private sector in the applicant's grant
proposal.
``(E) Use of funds.--
``(i) In general.--A grant awarded under
this paragraph shall be used to administer
programs that assist Indian families with
children with dependable automobile ownership,
and maintenance of, or insurance for, the
purchased automobile.
``(ii) Supplement not supplant.--Funds
provided to an Indian tribe, tribal
organization, State, county, locality, or
nonprofit entity under a grant awarded under
this paragraph shall be used to supplement and
not supplant other tribal, State, county, or
local public funds expended for car ownership
programs.
``(F) Application.--Each applicant desiring a grant
under this paragraph shall submit an application to the
Secretary at such time, in such manner, and accompanied
by such information as the Secretary may reasonably
require.
``(G) Reversion of funds.--Any funds not expended
by a grantee within 3 years after the date the grant is
awarded under this paragraph shall be available for
redistribution among other grantees in such manner and
amount as the Secretary may determine, unless the
Secretary extends by regulation the time period to
expend such funds.
``(H) Limitation on administrative costs of the
secretary.--Not more than an amount equal to 5 percent
of the funds appropriated to make grants under this
paragraph for a fiscal year shall be expended for
administrative costs of the Secretary in carrying out
this paragraph.
``(I) Evaluation.--The Secretary shall, by grant,
contract, or interagency agreement, conduct an
evaluation of the programs administered with grants
awarded under this paragraph.
``(J) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary to make
grants under this paragraph, $10,000,000 for each of
fiscal years 2004 through 2008.''.
SEC. 5. TRIBAL JOB TRAINING PROGRAMS.
(a) Tribal Employment Services Programs.--
(1) In general.--Section 412(a) of the Social Security Act
(42 U.S.C. 612(a)), as amended by section 3, is amended by
adding at the end the following:
``(4) Grants for tribal employment services programs.--
``(A) Purpose.--The purpose of this paragraph is to
support comprehensive services to enable Indian and
Alaska Native individuals to support themselves through
employment without requiring cash benefits from public
assistance programs for themselves or their families.
``(B) Statement of policy.--The programs funded
under grants made under this paragraph shall be
administered in a manner consistent with the principles
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) and the
government-to-government relationship between the
Federal Government and Indian tribal governments.
``(C) Definitions.--In this paragraph:
``(i) Alaska native organization.--The term
`Alaska Native organization' means an Indian
tribe or tribal organization in Alaska or an
Alaska Native-controlled entity serving Alaska
Natives at the Regional level (as Regions are
defined for purposes of the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et
seq.)).
``(ii) Department.--Unless otherwise
specified, the term `Department' means the
Department of Labor.
``(iii) Eligible beneficiary.--The term
`eligible beneficiary' means--
``(I) an individual who is an
Indian or Alaska Native receiving or
eligible to receive cash benefits for
the individual or the individual's
family under the State program funded
under this part, a tribal family
assistance program under this section,
or the General Assistance program;
``(II) an individual who is an
Indian or Alaska Native transitioning
from receipt of cash benefits under any
such programs to employment;
``(III) an individual who is an
Indian or Alaska Native with a history
of long-term dependence (as defined in
clause (vi)) on cash benefits under any
such programs or under the aid for
families with dependent children
program under this part (as in effect
before August 22, 1996);
``(IV) an individual who is an
Indian or Alaska Native who is a non-
custodial parent of a minor child
receiving, eligible to receive, or with
a history of receiving cash benefits
under any such programs, or an
individual who has an obligation to
provide support for such children; or
``(V) an individual who is an
Indian or Alaska Native and is a member
of a family who is at risk of becoming
dependent on cash benefits under any
such programs or who has exhausted
eligibility for such benefits because
of the application of time limits on
benefits.
``(iv) General assistance.--The term
`General Assistance' means the General
Assistance program supported through the Bureau
of Indian Affairs in the Department of the
Interior.
``(v) Long-term dependence.--The term
`long-term dependence' means receipt of cash
benefits under a program referred to in clause
(ii)(III) for at least 24 months, which need
not be consecutive.
``(vi) Secretary.--Unless otherwise
specified, the term `Secretary' means the
Secretary of Labor.
``(D) Authority to make grants.--
``(i) Direct services.--The Secretary shall
make grants to Indian tribes, tribal
organizations, and Alaska Native organizations
on the basis of a formula determined in
accordance with subparagraph (H)(ii) to carry
out the activities described in subparagraph
(E).
``(ii) Program support.--The Secretary
shall, through grants or contracts with
entities, or interagency agreements, carry out
the activities described in subparagraph (F).
``(iii) Appropriation.--
``(I) In general.--Out of any money
in the Treasury of the United States
not otherwise appropriated, there are
appropriated $37,000,000 for each of
fiscal years 2004 through 2008 to carry
out this paragraph.
``(II) Reservation of funds for
program support.--The Secretary may
reserve an amount equal to not more
than 1.5 percent of the amount
appropriated under subclause (I) for a
fiscal year to make grants or enter
into contracts under clause (ii).
``(E) Direct service activities.--
``(i) In general.--A recipient of a grant
made under subparagraph (D)(i) shall use the
funds provided under the grant to provide any
services which may be useful in preparing
eligible beneficiaries to enter or reenter the
workforce, to retain employment or to advance
to positions which may enable the eligible
beneficiary and the beneficiary's family to
become economically self-sufficient.
``(ii) Services permitted.--Services
provided with funds made available under a
grant made under subparagraph (D)(i) may
include--
``(I) assessment;
``(II) education;
``(III) job readiness and
placement;
``(IV) occupational training
(including on-the-job training);
``(V) work experience;
``(VI) wage subsidies;
``(VII) job retention;
``(VIII) job creation specifically
for eligible beneficiaries;
``(IX) case management;
``(X) counseling;
``(XI) supportive services,
including (but not limited to) child
care, transportation, mental health and
substance abuse treatment and
prevention services important to
employability; and
``(XII) counseling and other
services to promote marriage,
discourage teen pregnancies, assist in
the formation and stabilization of 2-
parent families, and address situations
involving domestic violence.
``(iii) Retention of eligibility for other
services.--An eligible beneficiary who receives
services under subparagraph (D)(i) shall not be
precluded from receiving other services from
any State, local or tribal government agency or
any other entity.
``(iv) Disregard.--Income or services
received by an eligible beneficiary under this
paragraph shall be disregarded for purposes of
determining eligibility for benefits under any
means-tested program for which the eligibility
requirements are established under Federal law.
``(F) Program support activities.--
``(i) In general.--In order to improve the
effectiveness of services provided by Indian
tribes, tribal organizations, and Alaska Native
organizations under grants made under this
paragraph, the Secretary shall, through grants,
contracts, or interagency agreements, support
activities that--
``(I) enhance the capacity of
Indian tribes, tribal organizations,
and Alaska Native organizations under
this section to deliver the services
authorized under subparagraph (D); and
``(II) test or demonstrate new or
improved methods of providing such
services.
``(ii) Preference.--In awarding grants or
contracts under subparagraph (D)(ii) to carry
out this subparagraph, the Secretary shall
implement a preference policy consistent with
the terms of section 7(b) of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450e(b)).
``(G) Additional requirements.--
``(i) Direct service activities.--
``(I) Authority to consolidate
funds.--An Indian tribe, tribal
organization, or Alaska Native
organization receiving a grant under
subparagraph (D)(i) may consolidate
funds received under the grant with
assistance received from other programs
in accordance with the provisions of
the Indian Employment, Training and
Related Services Demonstration Act of
1992 (25 U.S.C. 3401 et seq.) or the
provisions of the Tribal Self-
Governance Act of 1994 (25 U.S.C. 458aa
et seq.).
``(II) Option to exclude
participants from determination of work
participation rates.--A State, Indian
tribe, or tribal organization may
exclude individuals participating in a
direct services program funded under a
grant made under subparagraph (D)(i)
for a month from the calculation of the
work participation rate for the State
or tribe for such month.
``(ii) Applicable rules.--Any amount paid
to an Indian tribe or tribal organization under
this part that is used to carry out the
activities described in subparagraph (E) or (F)
shall not be subject to the requirements of
this part, but shall be subject to the
requirements specified in the regulations
required under subparagraph (H)(iii), and the
expenditure of any amount so used shall not be
considered to be an expenditure under this
part.
``(iii) Availability of funds.--Funds
provided to a recipient of a grant or contract
under subparagraph (D)(ii) shall remain
available for obligation for 2 succeeding
fiscal years after the fiscal year in which the
grant is made or the contract is entered into.
``(H) Program administration.--
``(i) Designation of office with primary
responsibility.--The Secretary shall designate
a single organizational unit within the
Department that shall have as its primary
responsibility the administration of the
activities authorized under this paragraph and
of any related Indian programs administered by
the Department.
``(ii) Consultation.--
``(I) In general.--The Secretary
shall consult with Indian tribes and
tribal organizations located throughout
the United States and Alaska Native
organizations on all aspects of the
operation and administration of the
activities authorized under this
paragraph, including the promulgation
of regulations, the design of a formula
for the allocation of funds among
Indian tribes, tribal organizations,
and Alaska Native organizations, and
the implementation of program support
activities described in subparagraph
(F).
``(II) Advisory committee.--The
Secretary may utilize a broadly based
advisory committee whose members are
nominated by Indian tribes, tribal
organizations, and Alaska Native
organizations as part of the
consultation required under subclause
(I), except that the consultation
process shall not be limited to
discussions with such committee.
``(iii) Regulations.--The Secretary may
issue regulations for the conduct of activities
under this paragraph. All requirements imposed
by such regulations, including reporting
requirements, shall take into full
consideration tribal circumstances and
conditions.''.
(2) Transition from other tanf indian employment
programs.--
(A) In general.--Subject to subparagraph (B), the
Secretary of Health and Human Services shall provide
for an orderly close-out of activities under the work
program authorized in section 412(a)(2) of the Social
Security Act (42 U.S.C. 612(a)(2)) (commonly referred
to as ``the Native Employment Works program'' or the
``NEW'' program) as such section is in effect on
September 30, 2003.
(B) Requirement.--In closing out the activities
referred to in subparagraph (A), the Secretary of
Health and Human Services shall provide that grantees
under a program referred to in that subparagraph shall
be permitted to provide services through June 30, 2004,
and shall be permitted to spend funds on administrative
activities related to the close-out of grants under
programs for up to 6 months after that date.
(b) Application of Indian Employment, Training, and Related
Services Demonstration Act of 1992.--Section 412(a)(4) of the Social
Security Act (42 U.S.C. 612(a)), as added by subsection (a), is amended
by adding at the end the following:
``(I) Application of indian employment, training,
and related services demonstration act of 1992.--
Notwithstanding any other provision of law, if an
Indian tribe elects to incorporate the services it
provides under this paragraph into a plan under section
6 of the Indian Employment, Training, and Related
Services Demonstration Act of 1992 (25 U.S.C. 3405),
the programs authorized to be conducted with grants
made under this paragraph shall be--
``(i) considered to be programs subject to
section 5 of the Indian Employment, Training,
and Related Services Demonstration Act of 1992
(25 U.S.C. 3404); and
``(ii) subject to the single plan and
single budget requirements of section 6 of that
Act (25 U.S.C. 3405) and the single report
format required under section 11 of that Act
(25 U.S.C. 3410).''.
SEC. 6. CHILD CARE AND DEVELOPMENT BLOCK GRANT FUNDS FOR INDIAN TRIBES.
(a) Increase in Reservation.--Section 658O(a)(2) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858m(a)(2)) is
amended by striking ``1 percent, and not more than 2 percent,'' and
inserting ``5 percent''.
(b) Payments for the Benefit of Indian Children.--
(1) Health and safety standards.--Section 658O(c)(2) of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858m(c)(2)) is amended by adding at the end the following:
``(D) Health and safety standards.--The applicant
will establish requirements designed to protect the
health and safety of children, which shall--
``(i) be stated in the application; and
``(ii) notwithstanding any other provision
of law, including subparagraphs (F) and (G) of
section 658E(c)(2), be the health and safety
requirements applicable to child care providers
that receive funds from the applicant to
provide services under this subchapter.''.
(2) Negotiated rulemaking.--Section 658O(c) of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858m(c)) is amended--
(A) by redesignating paragraphs (4), (5), and (6)
as paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) Negotiated rulemaking.--In determining the base
amount provided to Indian tribes and tribal organizations under
this subsection, the Secretary shall conduct a negotiated
rulemaking. The Secretary shall include in the negotiated
rulemaking committee representatives of the Indian tribes and
tribal organizations that the Secretary determines to be
eligible to receive grants or contracts under this subsection.
The Secretary shall conduct the negotiated rulemaking in
accordance with subchapter III of chapter 5 of title 5, United
States Code, as in effect on November 28, 1996.''.
(3) Construction or renovation.--Paragraph (7)(C) of
section 658O(c) of the Child Care and Development Block Grant
Act of 1990 (as redesignated in paragraph (2)(A)) is amended--
(A) by striking ``The'' and inserting the
following:
``(i) In general.--Except as provided in
clause (ii), the''; and
(B) by adding at the end the following:
``(ii) Temporary decrease.--The Secretary
may permit an Indian tribe or tribal
organization to use amounts provided under this
subsection for construction or renovation even
if such use will result in a temporary decrease
described in clause (i), if--
``(I) the Secretary determines that
the construction or renovation will
enable the tribe or organization to
increase, in fiscal years subsequent to
the year for which the determination
under subparagraph (B) is made, the
level of child care services provided
by the tribe or organization as
compared to the level of such services
provided by the tribe or organization
in the fiscal year for which the
determination is made; and
``(II) the tribe or organization
submits to the Secretary, and obtains
approval of, a multiyear plan for the
construction or renovation.''.
(c) Conforming Amendment.--Section 658F(b)(1) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858d(b)(1)) is amended
by striking ``658O(c)(6)'' and inserting ``658O(c)(7)''.
SEC. 7. EQUITABLE ACCESS.
(a) Ensuring Equitable Access.--
(1) State plan requirement.--Section 402(a)(1)(B) of the
Social Security Act (42 U.S.C. 602(a)(1)(B)) is amended by
adding at the end the following:
``(v) The document shall describe how the
State will ensure equitable access to benefits
and services provided under the program for
each member of an Indian tribe or tribal
organization, who is domiciled in the State and
is not eligible for assistance under a tribal
family assistance plan approved under section
412.''.
(2) Tribal family assistance plan requirement.--Section
412(b)(1) of the Social Security Act (42 U.S.C. 612(b)(1)) is
amended--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(G) describes how the Indian tribe will ensure
equitable access to benefits and services provided
under the plan for each member of the population to be
served by the plan.''.
(3) Annual report to congress.--
(A) Inclusion of information on indians served by
state programs.--Section 411(b) of the Social Security
Act (42 U.S.C. 611(b)) is amended--
(i) in paragraph (3), by striking ``and''
at the end;
(ii) in paragraph (4), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(5) State specific information on the demographics and
caseload characteristics of Indians served by each State
program funded under this part.''.
(B) Conforming amendments.--Section 411(a) of the
Social Security Act (42 U.S.C. 611(a)) is amended--
(i) by redesignating paragraph (7) as
paragraph (8); and
(ii) by inserting after paragraph (6), the
following:
``(7) Report on indians served by the state program.--The
report required by paragraph (1) for a fiscal quarter shall
include information on the demographics and caseload
characteristics of Indians served by the State program during
the quarter.''.
(b) Consultation Between States and Indian Tribes or Other Indians
Residing on a Reservation.--
(1) State plan requirement.--Section 402(a)(5) of the
Social Security Act (42 U.S.C. 602(a)(5)) is amended by
striking ``will'' and all that follows through the period and
inserting ``will--
``(A) consult with each Indian tribe located within
the State regarding the State plan in order to ensure
equitable access to benefits and services provided
under the plan for any member of such a tribe who is
not eligible for assistance under a tribal family
assistance plan approved under section 412; and
``(B) provide each member of an Indian tribe, who
is domiciled in the State and is not eligible for
assistance under a tribal family assistance plan
approved under section 412, with equitable access to
assistance under the State program funded under this
part attributable to funds provided by the Federal
Government.''.
(2) Tribal family assistance plan requirement.--Section
412(b)(1) of the Social Security Act (42 U.S.C. 612(b)(1)), as
amended by subsection (a)(2), is amended--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) in subparagraph (G), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(H) provides that the Indian tribe will consult
with each State in which a service area of the plan is
located on the operation of the plan and the provision
of assistance or services to families under the
plan.''.
(c) Advisory Committee on the Status of Indians Who Do not Reside
in Indian Country.--
(1) In general.--The Secretary of Health and Human Services
shall convene an advisory committee on the status of Indians
who do not reside in Indian country (as defined in section 1151
of title 18, United States Code).
(2) Duties.--The committee established under paragraph (1)
shall make recommendations regarding how to ensure that Indians
who do not reside in Indian country (as so defined) receive
equitable access to benefits and services under the temporary
assistance to needy families program under part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.) and other
publicly funded assistance programs.
(3) Membership.--
(A) In general.--The committee established under
paragraph (1) shall include representatives of--
(i) Federal, State, and tribal governments;
and
(ii) Indians who do not reside in Indian
country (as so defined).
(B) Majority.--A majority of the members of such
committee shall be representatives of Indians who do
not reside in Indian country (as so defined).
(d) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
shall conduct a study of the demographics of Indians who do not
reside in Indian country (as defined in section 1151 of title
18, United States Code) that includes economic and health
information, as well as information regarding the access of
such Indians to benefits or services available under publicly
funded programs.
(2) Report.--Not later than June 30, 2004, the Comptroller
General shall submit to Congress a report on the study
conducted under paragraph (1).
SEC. 8. AREAS OF INDIAN COUNTRY OR ALASKAN NATIVE VILLAGES OF HIGH
JOBLESSNESS.
(a) Time Limit for Receipt of Assistance.--Section 408(a)(7)(D) of
the Social Security Act (42 U.S.C. 608(a)(7)(D)) is amended--
(1) in the subparagraph heading, by striking ``by adult''
and all that follows through ``unemployment'' and inserting
``in areas of Indian country or an Alaskan Native village with
high joblessness'';
(2) by striking clause (i) and inserting the following:
``(i) In general.--Subject to clause (ii),
in determining the number of months for which
an adult has received assistance under a State
or tribal program funded under this part, the
State or tribe shall disregard any month during
which the adult lived in Indian country or an
Alaskan Native village if the most reliable
data available (or such other data submitted by
a State or tribal program as the Secretary may
approve) with respect to the month (or a period
including the month) indicate that at least 20
percent of the adult recipients who were living
in Indian country or in the village were
jobless.'';
(3) by redesignating clause (ii) as clause (iii); and
(4) by inserting after clause (i), the following:
``(ii) Requirement.--A month may only be
disregarded under clause (i) with respect to an
adult recipient described in that clause if the
adult is in compliance with program
requirements.''.
(b) State Flexibility to Define Work Activities.--Section 407(c)(2)
of the Social Security Act (42 U.S.C. 607(c)(2)) is amended by adding
at the end the following:
``(E) Optional modification of work requirements
for recipients residing in areas of indian country or
an alaskan native village with high joblessness.--
Notwithstanding paragraph (1), if a State has included
in the State plan a description of the State's policies
in areas of Indian country or an Alaskan Native village
described in section 408(a)(7)(D), the State may define
the activities described in subsection (d) that a
recipient who resides in such an area and who is
participating in activities in accordance with an
individual responsibility plan under section 408(b) may
engage in for purposes of satisfying work requirements
under the State program and for purposes of determining
monthly participation rates under subsection (b).''.
SEC. 9. PARITY IN TREATMENT OF ALASKAN NATIVES.
(a) Elimination of Special Rule.--Section 412 of the Social
Security Act (42 U.S.C. 612) is amended by striking subsection (i).
(b) Elimination of Special Definition.--Section 419(4) of the
Social Security Act (42 U.S.C. 619(4)) is amended to read as follows:
``(4) Indian, indian tribe, and tribal organization.--The
terms `Indian', `Indian tribe', and `tribal organization' have
the meanings given such terms in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).''.
SEC. 10. 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)(2) of the Social Security Act (42 U.S.C.
672(a)(2)) is amended--
(1) by striking ``or (B)'' and inserting ``(B)''; and
(2) by inserting before the semicolon the following: ``, or
(C) an Indian tribe or tribal organization (as defined in
section 479B(e)) or an intertribal consortium if the Indian
tribe, tribal organization, or consortium is not operating a
program pursuant to section 479B and (i) has a cooperative
agreement with a State pursuant to 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, tribal organization, or consortium
for the payment of funds and the provision of the child welfare
services and protections required by 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) Application.--Except as provided in subsection (b), this part
shall apply to an Indian tribe or tribal organization that elects to
operate a program under this part in the same manner as this part
applies to a State.
``(b) Modification of Plan Requirements.--
``(1) In general.--In the case of an Indian tribe or tribal
organization submitting a plan for approval under section 471,
the plan shall--
``(A) in lieu of the requirement of section
471(a)(3), identify the service area or areas and
population to be served by the Indian tribe or tribal
organization; and
``(B) in lieu of the requirement of section
471(a)(10), provide for the approval of foster homes
pursuant to 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 or
tribal organization under paragraphs (1) and
(2) of section 474(a), the calculation of an
Indian tribe's or tribal organization's per
capita income shall be based upon the service
population of the Indian tribe or tribal
organization as defined in its plan in
accordance with paragraph (1)(A).
``(ii) Consideration of other
information.--An Indian tribe or tribal
organization may submit to the Secretary such
information as the Indian tribe or tribal
organization considers relevant to the
calculation of the per capita income of the
Indian tribe or tribal organization, and the
Secretary shall consider such information
before making the calculation.
``(B) Administrative expenditures.--The Secretary
shall, by regulation, determine the proportions to be
paid to Indian tribes and tribal organizations pursuant
to section 474(a)(3), except that in no case shall an
Indian tribe or tribal organization receive a lesser
proportion than the corresponding amount specified for
a State in that section.
``(C) Sources of non-federal share.--An Indian
tribe or tribal organization may use Federal or State
funds to match payments for which the Indian tribe or
tribal organization is eligible under section 474.
``(3) Modification of other requirements.--Upon the request
of an Indian tribe, tribal organization, or a consortia of
tribes or tribal organizations, the Secretary may modify any
requirement under this part if, after consulting with the
Indian tribe, tribal organization, or consortia of tribes or
tribal organizations, the Secretary determines that
modification of the requirement would advance the best
interests and the safety of children served by the Indian
tribe, tribal organization, or consortia of tribes or tribal
organizations.
``(4) Consortium.--The participating Indian tribes or
tribal organizations of an intertribal consortium may develop
and submit a single plan under section 471 that meets the
requirements of this section.
``(c) Cooperative Agreements.--An Indian tribe, tribal
organization, or intertribal consortium and a State may enter into a
cooperative agreement for the administration or payment of funds
pursuant to this part. In any case where an Indian tribe, tribal
organization, 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. Any such
cooperative agreement 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.
``(d) Regulations.--Not later than 1 year after the date of
enactment of this section, the Secretary shall, in full consultation
with Indian tribes and tribal organizations, promulgate regulations to
carry out this section.
``(e) Definitions of Indian Tribe; Tribal Organizations.--In this
section, the terms `Indian tribe' and `tribal organization' have the
meanings given those terms in subsections (e) and (l) of section 4 of
the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b), respectively.''.
(c) Effective Date.--The amendments made by this section take
effect on the date of enactment of this Act without regard to
regulations to implement such amendments being promulgated by such
date.
SEC. 11. DEMONSTRATION PROGRAM TO ALLOW INDIAN TRIBES TO DETERMINE
ELIGIBILITY FOR THE FOOD STAMP, MEDICAID, AND STATE
CHILDREN'S HEALTH INSURANCE PROGRAMS.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Health and Human Services, in consultation with the
Secretary of Agriculture, shall conduct a demonstration program under
which, not more than 10 Indian tribes (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b)) with an approved tribal family assistance plan under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.) (or the
participating Indian tribes of an intertribal consortium with such an
approved plan) shall be authorized to--
(1) determine the eligibility of Indian families for--
(A) benefits under the food stamp program under the
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.);
(B) medical assistance under the medicaid program
under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.); and
(C) child health assistance under the State
children's health insurance program under title XXI of
the Social Security Act (42 U.S.C. 1397aa et seq.);
(2) administer the provision of benefits or assistance
under any or all of such programs to Indian families; or
(3) carry out both of the activities described in
paragraphs (1) and (2).
(b) Requirements.--
(1) Consistency with state operation of programs.--Except
as provided in paragraph (2), an activity may not be authorized
to be carried out by an Indian tribe (or consortium) under
subsection (a) unless the activity will be conducted in a
manner that is consistent with the operation of such activity
by any State in which the tribe (or consortium) is located.
(2) Waiver of matching requirements.--The Secretary of
Health and Human Services and the Secretary of Agriculture may
waive such applicable matching requirements under the programs
referred to in subsection (a)(1) as may be necessary for a
tribe or consortium to carry out an activity authorized under
the demonstration program conducted under this section.
(3) No waiver of program integrity requirements.--The
Secretary of Health and Human Services and the Secretary of
Agriculture may not waive any requirement under a program
referred to in subsection (a)(1) that is related to ensuring
the integrity of an activity authorized under the demonstration
program conducted under this section, including any financial
penalty for violation of such a requirement.
(c) Reports.--The Secretary of Health and Human Services and the
Secretary of Agriculture jointly shall submit periodic reports to
Congress on the demonstration program conducted under this section.
SEC. 12. TRIBAL CHILD SUPPORT ENFORCEMENT PROGRAMS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Health and Human Services shall--
(1) promulgate final regulations for making direct payments
to Indian tribes and tribal organizations under section 455(f)
of the Social Security Act (42 U.S.C. 655(f)); and
(2) submit a report to Congress on the most appropriate
methods of including tribal child support programs in the
methodology used for child support incentive payments under
section 458 of the Social Security Act (42 U.S.C. 658).
SEC. 13. BREAK THE CYCLE DEMONSTRATION GRANTS.
(a) Authority to Award Grants.--
(1) In general.--The Secretary of Health and Human
Services, in consultation with the Secretary of Education,
shall award grants to up to 10 Indian tribes (as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)) to carry out the activities
described in subsection (b).
(2) Application.--An Indian tribe desiring a grant under
this section shall submit--
(A) an application to the Secretary of Health and
Human Services, at such time, in such manner, and
containing such information as the Secretary may
require; and
(B) a plan outlining how the tribe intends to use
funds made available under the grant to carry out
activities described in subsection (b) to help children
of Indian families receiving assistance under the
temporary assistance to needy families program under
part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) (in this section referred to as
``TANF'') obtain a secondary school diploma or its
recognized equivalent.
(3) Criteria for awarding grants.--
(A) Consultation with indian tribes.--The Secretary
of Health and Human Services shall consult with Indian
tribes regarding the establishment of criteria for
awarding grants under this section.
(B) Priority.--The criteria established under
subparagraph (A) shall require the Secretary of Health
and Human Services to give priority to awarding grants
to those Indian tribes applying that have the highest
percentages of individuals that have not obtained a
secondary school diploma or its recognized equivalent.
(4) State partnerships.--An Indian tribe awarded a grant
under this section may enter into a partnership with a State, a
local educational agency, or a private elementary or secondary
school to carry out the activities described in subsection (b).
(5) Definition of child.--In this section, the term
``child'' means an individual who has not attained age 21.
(b) Activities Described.--The activities described in this
subsection include--
(1) mentoring activities;
(2) tutoring activities;
(3) adjusting requirements applicable to the child or
family under TANF;
(4) teen pregnancy prevention activities; and
(5) any other activities approved by the Secretary of
Health and Human Services that are related to achieving the
purpose described in subsection (a)(2)(B).
(c) Evaluation and Report.--
(1) In general.--Of the amount appropriated under
subsection (d) for fiscal year 2005, $1,000,000 shall be
reserved by the Secretary of Health and Human Services for the
purpose of conducting, through grant, contract, or interagency
agreement, an evaluation of the activities carried out under
grants awarded under this section.
(2) Report.--The Secretary of Health and Human Services
shall submit a report to Congress on the evaluation conducted
under paragraph (1).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Health and Human Services to carry out
this section, $20,000,000 for each of fiscal years 2005 through 2008.
SEC. 14. RESERVATION OF FUNDS UNDER THE SOCIAL SERVICES BLOCK GRANT.
(a) Eligibility for Payments.--Section 2002 of the Social Security
Act (42 U.S.C. 1397a) is amended by adding at the end the following:
``(g)(1) An Indian tribe or tribal organization (as such terms are
defined in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)) that administers a social services
program shall be eligible for payment under this title for each fiscal
year in which funds are reserved for such purposes under section
2003(d), in an amount equal to the pro rata share of the amount
available for such payments for such fiscal year.
``(2) The Secretary, in consultation with Indian tribes and tribal
organizations (as so defined) located throughout the United States,
shall determine the extent to which the requirements applicable to
payments to States under this title shall apply to payments made to
Indian tribes and tribal organizations under paragraph (1).''.
(b) Reservation of Funds.--Section 2003 of the Social Security Act
(42 U.S.C. 1397b) is amended--
(1) in subsection (b)(2)--
(A) by striking ``the total amount'' and inserting
``(A) the total amount'';
(B) by striking the period and inserting ``; and'';
and
(C) by adding at the end the following:
``(B) the amount reserved in subsection (d) for that fiscal
year.''; and
(2) by adding at the end the following:
``(d)(1) For purposes of subsection (b)(2)(B), the amount reserved
in this subsection is, with respect to any fiscal year in which the
amount specified in subsection (c) exceeds $2,400,000,000, the amount
in excess of such amount, not to exceed the sum of $10,000,000, plus
the amount equal to 2 percent of the total amount in excess of
$2,400,000,000.
``(2) The amount reserved under paragraph (1) shall be used to make
payments to Indian tribes and tribal organizations described in section
2002(g)(1).''.
SEC. 15. RESEARCH ON TRIBAL WELFARE PROGRAMS AND POVERTY AMONG INDIANS.
Section 413 of the Social Security Act (42 U.S.C. 613) is amended
by adding at the end the following:
``(k) Tribal Welfare Programs and Efforts to Reduce Poverty Among
Indians.--
``(1) In general.--The Secretary, directly or through
grants, contracts, or interagency agreements, shall conduct
research on tribal family assistance programs conducted under
section 412 and other tribal welfare programs and on efforts to
reduce poverty among Indians.
``(2) Priority for certain applications.--With respect to
applications for grants under paragraph (1), the Secretary
shall give priority to applications to conduct research in
cooperation with tribal governments or tribally controlled
colleges or universities.
``(3) Technical assistance.--The Secretary may use funds
appropriated under paragraph (4) to provide technical
assistance concerning data reporting and collection with
respect to research conducted under this subsection.
``(4) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated $2,000,000 for fiscal year 2004 for the purpose of
carrying out this subsection.''.
SEC. 16. EFFECTIVE DATE.
Unless otherwise provided, the amendments made by this Act take
effect on October 1, 2003.
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