I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘American Indian Welfare Reform Act’’. 
2

•HR 2770 IH 

1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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.

3 SEC. 2. FINDINGS. 

4 Congress makes the following findings: 

5 (1) The Federal Government bears a unique 

6 trust responsibility for American Indians. 

7 (2) Despite this responsibility, Indians remain 

8 remarkably impoverished. According to the Bureau 

9 of the Census, 25.9 percent of American Indians live 

10 in poverty, more than twice the national poverty 

11 rate. The average household income for Indians in 

12 2000 was only 75 percent of that of the rest of 

13 Americans. 

14 (3) In some States with substantial Indian pop15 ulations, the percentage of the welfare caseload that 

16 is made up of Indians has increased since the enact-
3

•HR 2770 IH 

1 ment of the Personal Responsibility and Work Op2 portunity Reconciliation Act of 1996 because some 

3 Indians face substantial barriers in moving from 

4 welfare to work. 

5 (4) A General Accounting Office review of data 

6 from the Bureau of the Census found that 25 of the 

7 26 counties in the United States with a majority of 

8 American Indians had poverty rates ‘‘significantly’’ 

9 higher than average. 

10 (5) Many Indian tribes are located in isolated 

11 rural areas that lack sufficient economic opportuni12 ties, including jobs and economic development, 

13 transportation services, child care, and other services 

14 necessary to ensure a successful transition from wel15 fare to work. 

16 (6) Tribal temporary assistance to needy fami17 lies programs have demonstrated remarkable success 

18 in moving Indians from welfare to work. 

19 (7) Tribal governments, unlike State govern20 ments, have not been afforded an opportunity to ad21 minister and fully participate in the Federal entitle22 ment program for foster care and adoption assist23 ance, a program Congress recognizes as an impor24 tant component of welfare services. 
4

•HR 2770 IH 

1 (8) Welfare reform has not brought enough 

2 change to Indian Country. Welfare reform has not, 

3 and will not, succeed unless it adequately addresses 

4 the unique barriers many Indians face in moving 

5 from welfare to work. 

6 SEC. 3. FUNDING FOR TRIBAL TANF PROGRAMS. 

7 (a) REAUTHORIZATION OF TRIBAL FAMILY ASSIST8 ANCE GRANTS.—Section 412(a)(1)(A) of the Social Secu9 rity Act (42 U.S.C. 612(a)(1)(A)) is amended by striking 

10 ‘‘1997’’ and all that follows through ‘‘2002’’ and inserting 

11 ‘‘2004 through 2008’’. 

12 (b) TRIBAL TANF IMPROVEMENT FUND.—

13 (1) IN GENERAL.—Section 412(a) of the Social 

14 Security Act (42 U.S.C. 612(a)) is amended by 

15 striking paragraph (2) and inserting the following: 

16 ‘‘(2) TRIBAL TANF IMPROVEMENT GRANTS.—

17 ‘‘(A) TRIBAL CAPACITY GRANTS.—

18 ‘‘(i) IN GENERAL.—Of the amount ap19 propriated under subparagraph (E) for the 

20 period of fiscal years 2004 through 2008, 

21 $185,000,000 of such amount shall be 

22 used by the Secretary to award grants for 

23 tribal human services program infrastruc24 ture improvement (as defined in clause (v)) 

25 to—
5

•HR 2770 IH 

1 ‘‘(I) Indian tribes that have ap2 plied for approval of a tribal family 

3 assistance plan and that meet the re4 quirements of clause (ii)(I); 

5 ‘‘(II) Indian tribes with an ap6 proved tribal family assistance plan 

7 and that meet the requirements of 

8 clause (ii)(II); 

9 ‘‘(III) Indian tribes that have ap10 plied for approval of a foster care and 

11 adoption assistance program under 

12 section 479B or that plan to enter 

13 into, or have in place, a tribal-State 

14 cooperative agreement under section 

15 479B(c) and that meet the require16 ments of clause (ii)(III); and 

17 ‘‘(IV) Indian tribes that are con18 ducting a tribal employment services 

19 program under a grant made under 

20 paragraph (4) and that meet the re21 quirements of clause (ii)(IV). 

22 ‘‘(ii) PRIORITIES FOR AWARDING OF

23 GRANTS.—The Secretary shall give priority 

24 in awarding grants under this subpara25 graph as follows: 
6

•HR 2770 IH 

1 ‘‘(I) First, for grants to Indian 

2 tribes that have applied for approval 

3 of a tribal family assistance plan, that 

4 have not operated such a plan as of 

5 the date of enactment of the Amer6 ican Indian Welfare Reform Act, that 

7 will have such plan approved, and that 

8 include in the plan submission provi9 sions for tribal human services pro10 gram infrastructure improvement and 

11 related management information sys12 tems training. 

13 ‘‘(II) Second, for Indian tribes 

14 with an approved tribal family assist15 ance plan that are not described in 

16 subclause (I) and that submit an ad17 dendum to such plan that includes 

18 provisions for tribal human services 

19 program infrastructure improvement 

20 that includes implementing or improv21 ing management information systems 

22 of the tribe (including management 

23 information systems training), as such 

24 systems relate to the operation of the 

25 tribal family assistance plan. 
7

•HR 2770 IH 

1 ‘‘(III) Third, for Indian tribes 

2 that have applied for approval of a 

3 foster care and adoption assistance 

4 program under section 479B or that 

5 plan to enter into, or have in place, a 

6 tribal-State cooperative agreement 

7 under section 479B(c) and that in8 clude in the plan submission under 

9 section 471 (or in an addendum to 

10 such plan) provisions for tribal human 

11 services program infrastructure im12 provement and related management 

13 information systems training. 

14 ‘‘(IV) Fourth, for Indian tribes 

15 that are conducting a tribal employ16 ment services program under a grant 

17 made under paragraph (4) and that 

18 provide the Secretary with a plan for 

19 tribal human services program infra20 structure improvement and related 

21 management information systems 

22 training. 

23 ‘‘(iii) OTHER REQUIREMENTS FOR

24 AWARDING GRANTS.—In awarding grants 

25 under this subparagraph, the Secretary—
8

•HR 2770 IH 

1 ‘‘(I) may not award an Indian 

2 tribe more than 1 grant under this 

3 subparagraph per fiscal year; 

4 ‘‘(II) shall award grants in such 

5 a manner as to maximize the number 

6 of Indian tribes that receive grants 

7 under this subparagraph; and 

8 ‘‘(III) shall consult with Indian 

9 tribes located throughout the United 

10 States. 

11 ‘‘(iv) APPLICATION.—An Indian tribe 

12 desiring a grant under this subparagraph 

13 shall submit an application to the Sec14 retary, at such time, in such manner, and 

15 containing such information as the Sec16 retary may require. 

17 ‘‘(v) DEFINITION OF HUMAN SERV18 ICES PROGRAM INFRASTRUCTURE IM19 PROVEMENT.—In this subparagraph, the 

20 term ‘human services program infrastruc21 ture improvement’ includes (but is not lim22 ited to) improvement of management infor23 mation systems, management information 

24 systems-related training, management 

25 training, equipping offices, and renovating, 
9

•HR 2770 IH 

1 but not constructing, buildings, as de2 scribed in an application for a grant under 

3 this subparagraph, and subject to approval 

4 by the Secretary. 

5 ‘‘(B) ADJUSTED TRIBAL TANF GRANTS.—

6 ‘‘(i) IN GENERAL.—Of the amount ap7 propriated under subparagraph (E) for the 

8 period of fiscal years 2005 through 2008, 

9 $140,000,000 of such amount shall be 

10 used by the Secretary to make supple11 mental grants for each of fiscal years 2005 

12 through 2008 to each Indian tribe that—

13 ‘‘(I) has an approved tribal fam14 ily assistance plan; and 

15 ‘‘(II) demonstrates that the num16 ber of Indian families receiving cash 

17 assistance under the tribal family as18 sistance plan as of the first quarter of 

19 the third year of the operation of such 

20 plan has increased by at least 20 per21 cent over such number for the first 

22 quarter of the first year of the oper23 ation of such plan. 

24 ‘‘(ii) ALLOCATION OF FUNDS.—The 

25 Secretary, in consultation with Indian 
10

•HR 2770 IH 

1 tribes with approved tribal family assist2 ance plans, shall determine a formula for 

3 the allocation of $35,000,000 of the funds 

4 described in clause (i) for each fiscal year 

5 described in that clause in a manner that 

6 is proportionate to the size, service popu7 lation, and percentage increase in the num8 ber of Indian families served by each In9 dian tribe eligible for an adjusted grant 

10 under this subparagraph for that fiscal 

11 year. If the amount available for allocation 

12 for a fiscal year is less than the total 

13 amount of funds requested for allocation 

14 among the Indian tribes for that fiscal 

15 year, the Secretary shall allocate the funds 

16 among such tribes on a pro rata basis. 

17 ‘‘(C) INCENTIVE GRANTS TO STATES THAT

18 PROVIDE MAINTENANCE OF EFFORT SUPPORT

19 TO INDIAN TRIBES.—

20 ‘‘(i) IN GENERAL.—Subject to clause 

21 (ii), of the amount appropriated under sub22 paragraph (E), $40,000,000 of such 

23 amount for each of fiscal years 2005 

24 through 2008 shall be used by the Sec25 retary to pay a State an amount equal to 
11

•HR 2770 IH 

1 50 percent of the total amount of qualified 

2 State expenditures (as defined in section 

3 409(a)(7)(B)(i)) incurred by the State for 

4 each such fiscal year for support of tribal 

5 family assistance plans. 

6 ‘‘(ii) PRO RATA REDUCTIONS.—If the 

7 amount available for making payments 

8 under clause (i) for a fiscal year is less 

9 than the total amount of payments other10 wise required to be made under clause (i) 

11 for the fiscal year, then the amount other12 wise payable to any State for the fiscal 

13 year under clause (i) shall be reduced by a 

14 percentage equal to the amount available 

15 divided by the total amount of payments 

16 required for that fiscal year. 

17 ‘‘(D) TECHNICAL ASSISTANCE.—

18 ‘‘(i) IN GENERAL.—Of the amount ap19 propriated under subparagraph (E) for the 

20 period of fiscal years 2004 through 2008, 

21 $15,000,000 shall be used by the Secretary 

22 to provide technical assistance to Indian 

23 tribes—
12

•HR 2770 IH 

1 ‘‘(I) considering applying for or 

2 carrying out a grant made under this 

3 paragraph; 

4 ‘‘(II) considering applying for or 

5 carrying out a tribal family assistance 

6 plan under this section; or 

7 ‘‘(III) related to best practices 

8 and approaches for State and tribal 

9 coordination on the transfer of the ad10 ministration of social services pro11 grams to Indian tribes. 

12 ‘‘(ii) RESERVATION OF FUNDS.—Not 

13 less than—

14 ‘‘(I) $5,000,000 of the amount 

15 described in clause (i) shall be used by 

16 the Secretary to support through 

17 grants or contracts peer-learning pro18 grams among tribal administrators; 

19 and 

20 ‘‘(II) $5,000,000 of such amount 

21 shall be used by the Secretary for 

22 making grants to Indian tribes to con23 duct feasibility studies of the capacity 

24 of Indian tribes to operate tribal fam25 ily assistance plans under this part. 
13

•HR 2770 IH 

1 ‘‘(E) APPROPRIATION.—Out of any money 

2 in the Treasury of the United States not other3 wise appropriated, there are appropriated 

4 $500,000,000 for the period of fiscal years 

5 2004 through 2008 to carry out this paragraph. 

6 Amounts appropriated under this subparagraph 

7 shall remain available until expended.’’. 

8 (2) CONFORMING AMENDMENT.—Section 

9 405(a) of the Social Security Act (42 U.S.C. 605(a)) 

10 is amended by striking ‘‘section 403’’ and inserting 

11 ‘‘sections 403 and 412(a)(2)(C)’’. 

12 (c) ELIGIBILITY FOR HIGH PERFORMANCE BONUS

13 AND CONTINGENCY FUND.—

14 (1) BONUS TO REWARD HIGH PERFORMANCE.—

15 (A) REAUTHORIZATION OF BONUS.—Sec16 tion 403(a)(4) of the Social Security Act (42 

17 U.S.C. 603(a)(4)) is amended—

18 (i) in subparagraph (E)(i), by striking 

19 ‘‘1999’’ and all that follows through 

20 ‘‘2003’’ and inserting ‘‘2005, 2006, 2007, 

21 2008, and 2009’’; and 

22 (ii) in subparagraph (F) by striking 

23 ‘‘1999 through 2003’’ and inserting ‘‘2005 

24 through 2009’’. 
14

•HR 2770 IH 

1 (B) RESERVATION FOR DISTRIBUTION TO

2 INDIAN TRIBES.—Section 403(a)(4) of the So3 cial Security Act (42 U.S.C. 603(a)(4)) is 

4 amended—

5 (i) in subparagraph (A), by striking 

6 ‘‘The’’ and inserting ‘‘Subject to subpara7 graph (G), the’’; and 

8 (ii) by adding at the end the fol9 lowing: 

10 ‘‘(G) RESERVATION OF FUNDS FOR DIS11 TRIBUTION TO INDIAN TRIBES.—

12 ‘‘(i) IN GENERAL.—Of the amount 

13 available for grants under this paragraph 

14 for a bonus year, the Secretary shall re15 serve an amount equal to 3 percent of such 

16 amount to make grants pursuant to this 

17 subparagraph to each Indian tribe with an 

18 approved tribal family assistance plan that 

19 is a high performing Indian tribe for that 

20 bonus year. 

21 ‘‘(ii) CRITERIA FOR DETERMINING

22 TRIBAL PERFORMANCE.—

23 ‘‘(I) IN GENERAL.—Subject to 

24 subclause (II), the Secretary, in con25 sultation with Indian tribes with ap-
15

•HR 2770 IH 

1 proved tribal family assistance plans 

2 located throughout the United States, 

3 shall determine the criteria for deter4 mining which such tribes are high 

5 performing Indian tribes with respect 

6 to a bonus year. 

7 ‘‘(II) INCLUSION OF CERTAIN

8 FACTORS.—Such criteria shall include 

9 factors related to the employment of 

10 recipients of assistance under a tribal 

11 family assistance plan and to moving 

12 such recipients to self-sufficiency.’’. 

13 (2) ELIGIBILITY FOR CONTINGENCY FUND.—

14 (A) REAUTHORIZATION OF CONTINGENCY

15 FUND.—Section 403(b) of the Social Security 

16 Act (42 U.S.C. 603(b)), as amended by section 

17 617 of the Job Creation and Worker Assistance 

18 Act of 2002 (Public Law 107–147), is amend19 ed—

20 (i) in paragraph (2), by striking ‘‘fis21 cal years 1997, 1998, 1999, 2000, 2001, 

22 and 2002’’ and inserting ‘‘the period of fis23 cal years 2004 through 2008’’; and 
16

•HR 2770 IH 

1 (ii) in paragraph (3)(C)(ii), by strik2 ing ‘‘1997 through 2002’’ and inserting 

3 ‘‘2004 through 2008’’. 

4 (B) RESERVATION OF FUNDS FOR TRIBAL

5 PROGRAMS.—Section 403(b)(3) of the Social 

6 Security Act (42 U.S.C. 603(b)(3)) is amended 

7 by adding at the end the following: 

8 ‘‘(D) PAYMENTS TO INDIAN TRIBES.—

9 ‘‘(i) IN GENERAL.—Of the total 

10 amount appropriated pursuant to para11 graph (2), $50,000,000 of such amount 

12 shall be reserved for making payments to 

13 Indian tribes with approved tribal family 

14 assistance plans that are operating in situ15 ations of increased economic hardship. 

16 ‘‘(ii) DETERMINATION OF CRITERIA

17 FOR TRIBAL ACCESS.—

18 ‘‘(I) IN GENERAL.—Subject to 

19 subclause (II), the Secretary, in con20 sultation with Indian tribes with ap21 proved tribal family assistance plans, 

22 shall determine the criteria for access 

23 by Indian tribes to the amount re24 served under clause (i). 
17

•HR 2770 IH 

1 ‘‘(II) INCLUSION OF CERTAIN

2 FACTORS.—Such criteria shall include 

3 factors related to increases in unem4 ployment, loss of employers, and loss 

5 of qualified State expenditures (as de6 fined in section 409(a)(7)(B)(i)) in 

7 support of tribal family assistance 

8 plans. 

9 ‘‘(iii) APPLICATION OF REQUIRE10 MENTS FOR PAYMENTS TO STATES.—The 

11 Secretary, in consultation with Indian 

12 tribes with approved tribal family assist13 ance plans located throughout the United 

14 States, shall determine the extent to which 

15 requirements of States for payments from 

16 the Fund shall apply to Indian tribes re17 ceiving payments under this subpara18 graph.’’. 

19 (3) CLARIFICATION OF AUTHORITY OF STATES

20 AND INDIAN TRIBES TO USE TANF FUNDS CARRIED

21 OVER FROM PRIOR YEARS TO PROVIDE TANF BENE22 FITS AND SERVICES.—Section 404(e) of the Social 

23 Security Act (42 U.S.C. 604(e)) is amended—
18

•HR 2770 IH 

1 (A) in the subsection heading, by striking 

2 ‘‘Assistance’’ and inserting ‘‘Benefits or Serv3 ices’’; and 

4 (B) by striking ‘‘assistance’’ and inserting 

5 ‘‘any benefit or service that may be provided’’. 

6 SEC. 4. ECONOMIC DEVELOPMENT. 

7 (a) TEMPORARY EXPANSION OF AUTHORITY FOR IN8 DIAN TRIBES TO ISSUE TAX-EXEMPT PRIVATE ACTIVITY

9 BONDS.—

10 (1) IN GENERAL.—Section 7871(c) of the Inter11 nal Revenue Code of 1986 (relating to additional re12 quirements for tax-exempt bonds) is amended by 

13 adding at the end the following new paragraph: 

14 ‘‘(4) EXCEPTION FOR QUALIFIED INDIAN PRI15 VATE ACTIVITY BONDS.—

16 ‘‘(A) IN GENERAL.—In the case of any 

17 qualified Indian private activity bond—

18 ‘‘(i) paragraph (2) shall not apply, 

19 ‘‘(ii) such bond shall be treated as a 

20 qualified bond under section 141(e), and 

21 ‘‘(iii) section 146 shall not apply. 

22 ‘‘(B) QUALIFIED INDIAN PRIVATE ACTIV23 ITY BOND.—For purposes of this paragraph, 

24 the term ‘qualified Indian private activity bond’ 

25 means any bond which—
19

•HR 2770 IH 

1 ‘‘(i) is issued by a qualified Indian 

2 tribal government—

3 ‘‘(I) as part of an issue 95 per4 cent or more of the net proceeds of 

5 which are to be used to provide quali6 fied residential rental projects (as de7 fined in section 142(d), except that 

8 for purposes of such section, statewide 

9 median gross income shall be used to 

10 determine tenant income), 

11 ‘‘(II) as part of a qualified mort12 gage issue (as defined in section 

13 143(a)(2)), 

14 ‘‘(III) as part of an issue 95 per15 cent or more of the net proceeds of 

16 which are to be used to provide any 

17 facility described in section 

18 1394(b)(1) for any business that 

19 would qualify as an enterprise zone 

20 business if the Indian reservation (as 

21 defined in section 168(j)(6)) over 

22 which the qualified Indian tribal gov23 ernment exercises general govern24 mental authority were treated as an 

25 empowerment zone, or 
20

•HR 2770 IH 

1 ‘‘(IV) as part of an issue to be 

2 used for more than 1 of the purposes 

3 described in the preceding subclauses, 

4 and 

5 ‘‘(ii) meets the requirements of sub6 paragraphs (D) and (E). 

7 ‘‘(C) QUALIFIED INDIAN TRIBAL GOVERN8 MENT.—For purposes of this paragraph, the 

9 term ‘qualified Indian tribal government’ means 

10 an Indian tribal government which exercises 

11 general governmental authority over an Indian 

12 reservation (as so defined) with a joblessness 

13 rate among members of the tribe of at least 20 

14 percent for the most recent calendar year pre15 ceding the issuance of a bond under this section 

16 (as determined under the report for such year 

17 published by the Bureau of Indian Affairs 

18 under section 17(a) of the Indian Employment, 

19 Training and Related Services Demonstration 

20 Act of 1992 (25 U.S.C. 3416(a))). 

21 ‘‘(D) DESIGNATION REQUIREMENTS.—A 

22 bond meets the requirements of this subpara23 graph if it is issued as part of an issue des24 ignated as a qualified Indian private activity 

25 bond for a purpose described in subclause (I), 
21

•HR 2770 IH 

1 (II), or (III) of subparagraph (B)(i) by the 

2 qualified Indian tribal government. 

3 ‘‘(E) VOLUME REQUIREMENTS.—A bond 

4 issued as part of an issue meets the require5 ments of this subparagraph if such bond is 

6 issued after December 31, 2003, and before 

7 January 1, 2009, and the aggregate face 

8 amount of the bonds issued pursuant to such 

9 issue, when added to the aggregate face amount 

10 of qualified Indian private activity bonds pre11 viously issued by such qualified Indian tribal 

12 government, does not exceed $10,000,000 (ex13 cluding bonds issued under paragraph (3)). 

14 ‘‘(F) APPLICATION OF SECTION 42 TO RES15 IDENTIAL RENTAL PROJECTS FINANCED BY

16 BONDS UNDER THIS PARAGRAPH.—In the case 

17 of bonds described in subparagraph (B)(i)(I), 

18 issuance under the requirements of subpara19 graph (E) shall be treated as issuance under 

20 the requirements of section 146 for purposes of 

21 determining the application of section 42 to 

22 projects financed by the net proceeds of such 

23 bonds. 

24 ‘‘(G) SPECIAL RULE FOR DETERMINING

25 ENTERPRISE ZONE BUSINESS.—For purposes of 
22

•HR 2770 IH 

1 subparagraph (B)(i)(III), an enterprise zone 

2 business shall not include any facility a prin3 cipal business of which is the sale of tobacco 

4 products or highway motor fuels. 

5 ‘‘(H) BOND INTEREST NOT AN AMT PREF6 ERENCE ITEM.—For purposes of section 

7 57(a)(5), a bond designated under subpara8 graph (D) as a qualified Indian private activity 

9 bond shall not be treated as a specified private 

10 activity bond. 

11 ‘‘(I) REPORT.—The Secretary shall com12 pile necessary data from reports relating to the 

13 issuance of bonds under this paragraph and 

14 shall report to Congress not later than Sep15 tember 30 of any year following the calendar 

16 year in which Indian tribal governments issued 

17 bonds under this paragraph and the activities 

18 for which such bonds were issued.’’. 

19 (2) CONFORMING AMENDMENTS.—

20 (A) Section 7871(c)(2) of the Internal 

21 Revenue Code of 1986 is amended by striking 

22 ‘‘paragraph (3)’’ and inserting ‘‘paragraphs (3) 

23 and (4)’’. 

24 (B) Section 7871 of such Code is amend25 ed—
23

•HR 2770 IH 

1 (i) by striking clause (iii) of sub2 section (c)(3)(E), and 

3 (ii) by adding at the end the following 

4 new subsection: 

5 ‘‘(f) NET PROCEEDS.—For purposes of this section, 

6 the term ‘net proceeds’ has the meaning given such term 

7 by section 150(a)(3).’’. 

8 (3) EFFECTIVE DATE.—The amendments made 

9 by this subsection shall apply to bonds issued after 

10 December 31, 2003. 

11 (b) TRIBAL DEVELOPMENT GRANTS.—

12 (1) AUTHORITY TO AWARD GRANTS.—

13 (A) IN GENERAL.—The Secretary of 

14 Health and Human Services (in this subsection 

15 referred to as the ‘‘Secretary’’), through the 

16 Commissioner of the Administration for Native 

17 Americans, shall award grants to Indian tribes, 

18 tribal organizations, and nonprofit organiza19 tions to enable such tribes and organizations to 

20 provide technical assistance to Indian tribes and 

21 tribal organizations in any or all of the fol22 lowing areas: 

23 (i) The development and improvement 

24 of uniform commercial codes. 
24

•HR 2770 IH 

1 (ii) The creation or expansion of small 

2 business or micro-enterprise programs. 

3 (iii) The development and improve4 ment of tort liability codes. 

5 (iv) The creation or expansion of trib6 al marketing efforts. 

7 (v) The creation or expansion of for8 profit collaborative business networks. 

9 (vi) The development of innovative 

10 uses of telecommunications to assist with 

11 distance learning or telecommuting. 

12 (B) REQUIREMENTS.—In awarding grants 

13 under this subsection the Secretary shall—

14 (i) give priority to awarding grants to 

15 Indian tribes; and 

16 (ii) consult with other Federal agen17 cies with expertise in the areas described 

18 in subparagraph (A). 

19 (C) APPLICATION.—An Indian tribe, tribal 

20 organization, or nonprofit organization desiring 

21 a grant under this subsection shall submit an 

22 application to the Secretary at such time, in 

23 such manner, and containing such information 

24 as the Secretary may require. 
25

•HR 2770 IH 

1 (2) APPROPRIATION.—Out of any money in the 

2 Treasury of the United States not otherwise appro3 priated, there are appropriated $50,000,000 for the 

4 period of fiscal years 2004 through 2008 to make 

5 the grants authorized under this subsection. 

6 (c) JOB ACCESS AND REVERSE COMMUTE

7 GRANTS.—Section 3037 of the Transportation Equity Act 

8 for the 21st Century (49 U.S.C. 5309 note) is amended—

9 (1) in subsection (b)—

10 (A) in paragraph (4)—

11 (i) in subparagraph (A), by striking 

12 ‘‘and’’ at the end; 

13 (ii) in subparagraph (B), by striking 

14 the period and inserting ‘‘; and’’; and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(C) an Indian tribe or a tribal organiza18 tion (as defined in section 4 of the Indian Self19 Determination and Education Assistance Act 

20 (25 U.S.C. 450b)).’’; and 

21 (B) in paragraph (5), by inserting ‘‘or trib22 al’’ after ‘‘State’’; 

23 (2) in subsection (c), by adding at the end the 

24 following: 
26

•HR 2770 IH 

1 ‘‘(3) GRANTS TO INDIAN TRIBES AND TRIBAL

2 ORGANIZATIONS.—The Secretary—

3 ‘‘(A) may modify the requirements applica4 ble to grants made under this section in the 

5 case of a grant made to a qualified entity de6 scribed in subsection (b)(4)(C); and 

7 ‘‘(B) shall, with respect to the nongovern8 mental share of the total cost of an eligible 

9 project, permit such share to be derived from 

10 Federal funds (other than funds provided under 

11 this section) or in-kind resources, fairly valued, 

12 including facilities, equipment, or services.’’; 

13 (3) in subsection (f), by striking ‘‘In awarding’’ 

14 and inserting ‘‘Subject to subsection (c)(3), in 

15 awarding’’; and 

16 (4) in subsection (l)—

17 (A) in the matter preceding subparagraph 

18 (A) of paragraph (3), by inserting ‘‘(after the 

19 application of paragraph (4))’’ after ‘‘fiscal 

20 year’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(4) SET-ASIDE FOR GRANTS TO INDIAN

23 TRIBES AND TRIBAL ORGANIZATIONS.—Of the 

24 amounts made available by or appropriated under 

25 paragraph (1) to carry out this section for a fiscal 
27

•HR 2770 IH 

1 year, not less than 3 percent of such amounts shall 

2 be used to make grants to qualified entities de3 scribed in subsection (b)(4)(C).’’. 

4 (d) GRANTS TO IMPROVE ACCESS TO TRANSPOR5 TATION.—Section 412(a) of the Social Security Act (42 

6 U.S.C. 612(a)), as amended by section 5(a), is amended 

7 by adding at the end the following: 

8 ‘‘(5) GRANTS TO IMPROVE ACCESS TO TRANS9 PORTATION.—

10 ‘‘(A) PURPOSES.—The purposes of this 

11 paragraph are to—

12 ‘‘(i) assist Indian families with chil13 dren obtain dependable, affordable auto14 mobiles to improve their employment op15 portunities and access to training; and 

16 ‘‘(ii) provide incentives to Indian 

17 tribes, tribal organizations, States, local 

18 governments, and nonprofit entities to de19 velop and administer programs that pro20 vide assistance with automobile ownership 

21 for Indian families with children. 

22 ‘‘(B) DEFINITIONS.—In this paragraph: 

23 ‘‘(i) LOCALITY.—The term ‘locality’ 

24 means a municipality that does not admin-
28

•HR 2770 IH 

1 ister a State program funded under this 

2 part. 

3 ‘‘(ii) INDIAN FAMILY WITH CHIL4 DREN.—The term ‘Indian family with chil5 dren’ means a household that is eligible for 

6 benefits or services funded under a tribal 

7 family assistance plan, the State program 

8 funded under this part, or under a pro9 gram funded with qualified State expendi10 tures (as defined in section 

11 409(a)(7)(B)(i)). 

12 ‘‘(iii) NONPROFIT ENTITY.—The term 

13 ‘nonprofit entity’ means a school, local 

14 agency, organization, or institution owned 

15 and operated by 1 or more nonprofit cor16 porations or associations, no part of the 

17 net earnings of which inures, or may law18 fully inure, to the benefit of any private 

19 shareholder or individual. 

20 ‘‘(C) AUTHORITY TO AWARD GRANTS.—

21 ‘‘(i) IN GENERAL.—The Secretary 

22 may award grants to Indian tribes, tribal 

23 organizations, States, counties, localities, 

24 and nonprofit entities to promote improv-
29

•HR 2770 IH 

1 ing access to dependable, affordable auto2 mobiles by Indian families with children. 

3 ‘‘(ii) REQUIREMENTS.—

4 ‘‘(I) PRIORITY FOR INDIAN

5 TRIBES.—In awarding grants under 

6 this paragraph, the Secretary shall 

7 give priority to awarding grants to In8 dian tribes. 

9 ‘‘(II) CONSULTATION.—The Sec10 retary shall consult with Indian tribes 

11 regarding the establishment of criteria 

12 for giving priority to Indian tribes 

13 under subclause (I) and the grant ap14 proval criteria under subparagraph 

15 (D). 

16 ‘‘(D) GRANT APPROVAL CRITERIA.—The 

17 Secretary shall establish criteria for approval of 

18 an application for a grant under this paragraph 

19 that include consideration of—

20 ‘‘(i) the extent to which the proposal, 

21 if funded, is likely to improve access to 

22 training and employment opportunities and 

23 child care services by Indian families with 

24 children by means of car ownership; 
30

•HR 2770 IH 

1 ‘‘(ii) the level of innovation in the ap2 plicant’s grant proposal; and 

3 ‘‘(iii) any partnerships between the 

4 public and private sector in the applicant’s 

5 grant proposal. 

6 ‘‘(E) USE OF FUNDS.—

7 ‘‘(i) IN GENERAL.—A grant awarded 

8 under this paragraph shall be used to ad9 minister programs that assist Indian fami10 lies with children with dependable auto11 mobile ownership, and maintenance of, or 

12 insurance for, the purchased automobile. 

13 ‘‘(ii) SUPPLEMENT NOT SUPPLANT.—

14 Funds provided to an Indian tribe, tribal 

15 organization, State, county, locality, or 

16 nonprofit entity under a grant awarded 

17 under this paragraph shall be used to sup18 plement and not supplant other tribal, 

19 State, county, or local public funds ex20 pended for car ownership programs. 

21 ‘‘(F) APPLICATION.—Each applicant desir22 ing a grant under this paragraph shall submit 

23 an application to the Secretary at such time, in 

24 such manner, and accompanied by such infor-
31

•HR 2770 IH 

1 mation as the Secretary may reasonably re2 quire. 

3 ‘‘(G) REVERSION OF FUNDS.—Any funds 

4 not expended by a grantee within 3 years after 

5 the date the grant is awarded under this para6 graph shall be available for redistribution 

7 among other grantees in such manner and 

8 amount as the Secretary may determine, unless 

9 the Secretary extends by regulation the time pe10 riod to expend such funds. 

11 ‘‘(H) LIMITATION ON ADMINISTRATIVE

12 COSTS OF THE SECRETARY.—Not more than an 

13 amount equal to 5 percent of the funds appro14 priated to make grants under this paragraph 

15 for a fiscal year shall be expended for adminis16 trative costs of the Secretary in carrying out 

17 this paragraph. 

18 ‘‘(I) EVALUATION.—The Secretary shall, 

19 by grant, contract, or interagency agreement, 

20 conduct an evaluation of the programs adminis21 tered with grants awarded under this para22 graph. 

23 ‘‘(J) AUTHORIZATION OF APPROPRIA24 TIONS.—There is authorized to be appropriated 

25 to the Secretary to make grants under this 
32

•HR 2770 IH 

1 paragraph, $10,000,000 for each of fiscal years 

2 2004 through 2008.’’. 

3 SEC. 5. TRIBAL JOB TRAINING PROGRAMS. 

4 (a) TRIBAL EMPLOYMENT SERVICES PROGRAMS.—

5 (1) IN GENERAL.—Section 412(a) of the Social 

6 Security Act (42 U.S.C. 612(a)), as amended by sec7 tion 3, is amended by adding at the end the fol8 lowing: 

9 ‘‘(4) GRANTS FOR TRIBAL EMPLOYMENT SERV10 ICES PROGRAMS.—

11 ‘‘(A) PURPOSE.—The purpose of this para12 graph is to support comprehensive services to 

13 enable Indian and Alaska Native individuals to 

14 support themselves through employment with15 out requiring cash benefits from public assist16 ance programs for themselves or their families. 

17 ‘‘(B) STATEMENT OF POLICY.—The pro18 grams funded under grants made under this 

19 paragraph shall be administered in a manner 

20 consistent with the principles of the Indian 

21 Self-Determination and Education Assistance 

22 Act (25 U.S.C. 450 et seq.) and the govern23 ment-to-government relationship between the 

24 Federal Government and Indian tribal govern25 ments. 
33

•HR 2770 IH 

1 ‘‘(C) DEFINITIONS.—In this paragraph: 

2 ‘‘(i) ALASKA NATIVE ORGANIZA3 TION.—The term ‘Alaska Native organiza4 tion’ means an Indian tribe or tribal orga5 nization in Alaska or an Alaska Native6 controlled entity serving Alaska Natives at 

7 the Regional level (as Regions are defined 

8 for purposes of the Alaska Native Claims 

9 Settlement Act (43 U.S.C. 1601 et seq.)). 

10 ‘‘(ii) DEPARTMENT.—Unless other11 wise specified, the term ‘Department’ 

12 means the Department of Labor. 

13 ‘‘(iii) ELIGIBLE BENEFICIARY.—The 

14 term ‘eligible beneficiary’ means—

15 ‘‘(I) an individual who is an In16 dian or Alaska Native receiving or eli17 gible to receive cash benefits for the 

18 individual or the individual’s family 

19 under the State program funded 

20 under this part, a tribal family assist21 ance program under this section, or 

22 the General Assistance program; 

23 ‘‘(II) an individual who is an In24 dian or Alaska Native transitioning 
34

•HR 2770 IH 

1 from receipt of cash benefits under 

2 any such programs to employment; 

3 ‘‘(III) an individual who is an In4 dian or Alaska Native with a history 

5 of long-term dependence (as defined 

6 in clause (vi)) on cash benefits under 

7 any such programs or under the aid 

8 for families with dependent children 

9 program under this part (as in effect 

10 before August 22, 1996); 

11 ‘‘(IV) an individual who is an In12 dian or Alaska Native who is a non13 custodial parent of a minor child re14 ceiving, eligible to receive, or with a 

15 history of receiving cash benefits 

16 under any such programs, or an indi17 vidual who has an obligation to pro18 vide support for such children; or 

19 ‘‘(V) an individual who is an In20 dian or Alaska Native and is a mem21 ber of a family who is at risk of be22 coming dependent on cash benefits 

23 under any such programs or who has 

24 exhausted eligibility for such benefits 
35

•HR 2770 IH 

1 because of the application of time lim2 its on benefits. 

3 ‘‘(iv) GENERAL ASSISTANCE.—The 

4 term ‘General Assistance’ means the Gen5 eral Assistance program supported through 

6 the Bureau of Indian Affairs in the De7 partment of the Interior. 

8 ‘‘(v) LONG-TERM DEPENDENCE.—The 

9 term ‘long-term dependence’ means receipt 

10 of cash benefits under a program referred 

11 to in clause (ii)(III) for at least 24 

12 months, which need not be consecutive. 

13 ‘‘(vi) SECRETARY.—Unless otherwise 

14 specified, the term ‘Secretary’ means the 

15 Secretary of Labor. 

16 ‘‘(D) AUTHORITY TO MAKE GRANTS.—

17 ‘‘(i) DIRECT SERVICES.—The Sec18 retary shall make grants to Indian tribes, 

19 tribal organizations, and Alaska Native or20 ganizations on the basis of a formula de21 termined in accordance with subparagraph 

22 (H)(ii) to carry out the activities described 

23 in subparagraph (E). 

24 ‘‘(ii) PROGRAM SUPPORT.—The Sec25 retary shall, through grants or contracts 
36

•HR 2770 IH 

1 with entities, or interagency agreements, 

2 carry out the activities described in sub3 paragraph (F). 

4 ‘‘(iii) APPROPRIATION.—

5 ‘‘(I) IN GENERAL.—Out of any 

6 money in the Treasury of the United 

7 States not otherwise appropriated, 

8 there are appropriated $37,000,000 

9 for each of fiscal years 2004 through 

10 2008 to carry out this paragraph. 

11 ‘‘(II) RESERVATION OF FUNDS

12 FOR PROGRAM SUPPORT.—The Sec13 retary may reserve an amount equal 

14 to not more than 1.5 percent of the 

15 amount appropriated under subclause 

16 (I) for a fiscal year to make grants or 

17 enter into contracts under clause (ii). 

18 ‘‘(E) DIRECT SERVICE ACTIVITIES.—

19 ‘‘(i) IN GENERAL.—A recipient of a 

20 grant made under subparagraph (D)(i) 

21 shall use the funds provided under the 

22 grant to provide any services which may be 

23 useful in preparing eligible beneficiaries to 

24 enter or reenter the workforce, to retain 

25 employment or to advance to positions 
37

•HR 2770 IH 

1 which may enable the eligible beneficiary 

2 and the beneficiary’s family to become eco3 nomically self-sufficient. 

4 ‘‘(ii) SERVICES PERMITTED.—Services 

5 provided with funds made available under 

6 a grant made under subparagraph (D)(i) 

7 may include—

8 ‘‘(I) assessment; 

9 ‘‘(II) education; 

10 ‘‘(III) job readiness and place11 ment; 

12 ‘‘(IV) occupational training (in13 cluding on-the-job training); 

14 ‘‘(V) work experience; 

15 ‘‘(VI) wage subsidies; 

16 ‘‘(VII) job retention; 

17 ‘‘(VIII) job creation specifically 

18 for eligible beneficiaries; 

19 ‘‘(IX) case management; 

20 ‘‘(X) counseling; 

21 ‘‘(XI) supportive services, includ22 ing (but not limited to) child care, 

23 transportation, mental health and 

24 substance abuse treatment and pre-
38

•HR 2770 IH 

1 vention services important to employ2 ability; and 

3 ‘‘(XII) counseling and other serv4 ices to promote marriage, discourage 

5 teen pregnancies, assist in the forma6 tion and stabilization of 2-parent fam7 ilies, and address situations involving 

8 domestic violence. 

9 ‘‘(iii) RETENTION OF ELIGIBILITY

10 FOR OTHER SERVICES.—An eligible bene11 ficiary who receives services under sub12 paragraph (D)(i) shall not be precluded 

13 from receiving other services from any 

14 State, local or tribal government agency or 

15 any other entity. 

16 ‘‘(iv) DISREGARD.—Income or services 

17 received by an eligible beneficiary under 

18 this paragraph shall be disregarded for 

19 purposes of determining eligibility for ben20 efits under any means-tested program for 

21 which the eligibility requirements are es22 tablished under Federal law. 

23 ‘‘(F) PROGRAM SUPPORT ACTIVITIES.—

24 ‘‘(i) IN GENERAL.—In order to im25 prove the effectiveness of services provided 
39

•HR 2770 IH 

1 by Indian tribes, tribal organizations, and 

2 Alaska Native organizations under grants 

3 made under this paragraph, the Secretary 

4 shall, through grants, contracts, or inter5 agency agreements, support activities 

6 that—

7 ‘‘(I) enhance the capacity of In8 dian tribes, tribal organizations, and 

9 Alaska Native organizations under 

10 this section to deliver the services au11 thorized under subparagraph (D); and 

12 ‘‘(II) test or demonstrate new or 

13 improved methods of providing such 

14 services. 

15 ‘‘(ii) PREFERENCE.—In awarding 

16 grants or contracts under subparagraph 

17 (D)(ii) to carry out this subparagraph, the 

18 Secretary shall implement a preference pol19 icy consistent with the terms of section 

20 7(b) of the Indian Self-Determination and 

21 Education Assistance Act (25 U.S.C. 

22 450e(b)). 

23 ‘‘(G) ADDITIONAL REQUIREMENTS.—

24 ‘‘(i) DIRECT SERVICE ACTIVITIES.—
40

•HR 2770 IH 

1 ‘‘(I) AUTHORITY TO CONSOLI2 DATE FUNDS.—An Indian tribe, tribal 

3 organization, or Alaska Native organi4 zation receiving a grant under sub5 paragraph (D)(i) may consolidate 

6 funds received under the grant with 

7 assistance received from other pro8 grams in accordance with the provi9 sions of the Indian Employment, 

10 Training and Related Services Dem11 onstration Act of 1992 (25 U.S.C. 

12 3401 et seq.) or the provisions of the 

13 Tribal Self-Governance Act of 1994 

14 (25 U.S.C. 458aa et seq.). 

15 ‘‘(II) OPTION TO EXCLUDE PAR16 TICIPANTS FROM DETERMINATION OF

17 WORK PARTICIPATION RATES.—A 

18 State, Indian tribe, or tribal organiza19 tion may exclude individuals partici20 pating in a direct services program 

21 funded under a grant made under 

22 subparagraph (D)(i) for a month from 

23 the calculation of the work participa24 tion rate for the State or tribe for 

25 such month. 
41

•HR 2770 IH 

1 ‘‘(ii) APPLICABLE RULES.—Any 

2 amount paid to an Indian tribe or tribal 

3 organization under this part that is used to 

4 carry out the activities described in sub5 paragraph (E) or (F) shall not be subject 

6 to the requirements of this part, but shall 

7 be subject to the requirements specified in 

8 the regulations required under subpara9 graph (H)(iii), and the expenditure of any 

10 amount so used shall not be considered to 

11 be an expenditure under this part. 

12 ‘‘(iii) AVAILABILITY OF FUNDS.—

13 Funds provided to a recipient of a grant or 

14 contract under subparagraph (D)(ii) shall 

15 remain available for obligation for 2 suc16 ceeding fiscal years after the fiscal year in 

17 which the grant is made or the contract is 

18 entered into. 

19 ‘‘(H) PROGRAM ADMINISTRATION.—

20 ‘‘(i) DESIGNATION OF OFFICE WITH

21 PRIMARY RESPONSIBILITY.—The Secretary 

22 shall designate a single organizational unit 

23 within the Department that shall have as 

24 its primary responsibility the administra25 tion of the activities authorized under this 
42

•HR 2770 IH 

1 paragraph and of any related Indian pro2 grams administered by the Department. 

3 ‘‘(ii) CONSULTATION.—

4 ‘‘(I) IN GENERAL.—The Sec5 retary shall consult with Indian tribes 

6 and tribal organizations located 

7 throughout the United States and 

8 Alaska Native organizations on all as9 pects of the operation and administra10 tion of the activities authorized under 

11 this paragraph, including the promul12 gation of regulations, the design of a 

13 formula for the allocation of funds 

14 among Indian tribes, tribal organiza15 tions, and Alaska Native organiza16 tions, and the implementation of pro17 gram support activities described in 

18 subparagraph (F). 

19 ‘‘(II) ADVISORY COMMITTEE.—

20 The Secretary may utilize a broadly 

21 based advisory committee whose mem22 bers are nominated by Indian tribes, 

23 tribal organizations, and Alaska Na24 tive organizations as part of the con25 sultation required under subclause (I), 
43

•HR 2770 IH 

1 except that the consultation process 

2 shall not be limited to discussions 

3 with such committee. 

4 ‘‘(iii) REGULATIONS.—The Secretary 

5 may issue regulations for the conduct of 

6 activities under this paragraph. All re7 quirements imposed by such regulations, 

8 including reporting requirements, shall 

9 take into full consideration tribal cir10 cumstances and conditions.’’. 

11 (2) TRANSITION FROM OTHER TANF INDIAN

12 EMPLOYMENT PROGRAMS.—

13 (A) IN GENERAL.—Subject to subpara14 graph (B), the Secretary of Health and Human 

15 Services shall provide for an orderly close-out of 

16 activities under the work program authorized in 

17 section 412(a)(2) of the Social Security Act (42 

18 U.S.C. 612(a)(2)) (commonly referred to as 

19 ‘‘the Native Employment Works program’’ or 

20 the ‘‘NEW’’ program) as such section is in ef21 fect on September 30, 2003. 

22 (B) REQUIREMENT.—In closing out the ac23 tivities referred to in subparagraph (A), the 

24 Secretary of Health and Human Services shall 

25 provide that grantees under a program referred 
44

•HR 2770 IH 

1 to in that subparagraph shall be permitted to 

2 provide services through June 30, 2004, and 

3 shall be permitted to spend funds on adminis4 trative activities related to the close-out of 

5 grants under programs for up to 6 months 

6 after that date. 

7 (b) APPLICATION OF INDIAN EMPLOYMENT, TRAIN8 ING, AND RELATED SERVICES DEMONSTRATION ACT OF

9 1992.—Section 412(a)(4) of the Social Security Act (42 

10 U.S.C. 612(a)), as added by subsection (a), is amended 

11 by adding at the end the following: 

12 ‘‘(I) APPLICATION OF INDIAN EMPLOY13 MENT, TRAINING, AND RELATED SERVICES

14 DEMONSTRATION ACT OF 1992.—Notwith15 standing any other provision of law, if an In16 dian tribe elects to incorporate the services it 

17 provides under this paragraph into a plan under 

18 section 6 of the Indian Employment, Training, 

19 and Related Services Demonstration Act of 

20 1992 (25 U.S.C. 3405), the programs author21 ized to be conducted with grants made under 

22 this paragraph shall be—

23 ‘‘(i) considered to be programs subject 

24 to section 5 of the Indian Employment, 
45

•HR 2770 IH 

1 Training, and Related Services Demonstra2 tion Act of 1992 (25 U.S.C. 3404); and 

3 ‘‘(ii) subject to the single plan and 

4 single budget requirements of section 6 of 

5 that Act (25 U.S.C. 3405) and the single 

6 report format required under section 11 of 

7 that Act (25 U.S.C. 3410).’’. 

8 SEC. 6. CHILD CARE AND DEVELOPMENT BLOCK GRANT 

9 FUNDS FOR INDIAN TRIBES. 

10 (a) INCREASE IN RESERVATION.—Section 

11 658O(a)(2) of the Child Care and Development Block 

12 Grant Act of 1990 (42 U.S.C. 9858m(a)(2)) is amended 

13 by striking ‘‘1 percent, and not more than 2 percent,’’ and 

14 inserting ‘‘5 percent’’. 

15 (b) PAYMENTS FOR THE BENEFIT OF INDIAN CHIL16 DREN.—

17 (1) HEALTH AND SAFETY STANDARDS.—Sec18 tion 658O(c)(2) of the Child Care and Development 

19 Block Grant Act of 1990 (42 U.S.C. 9858m(c)(2)) 

20 is amended by adding at the end the following: 

21 ‘‘(D) HEALTH AND SAFETY STANDARDS.—

22 The applicant will establish requirements de23 signed to protect the health and safety of chil24 dren, which shall—

25 ‘‘(i) be stated in the application; and 
46

•HR 2770 IH 

1 ‘‘(ii) notwithstanding any other provi2 sion of law, including subparagraphs (F) 

3 and (G) of section 658E(c)(2), be the 

4 health and safety requirements applicable 

5 to child care providers that receive funds 

6 from the applicant to provide services 

7 under this subchapter.’’. 

8 (2) NEGOTIATED RULEMAKING.—Section 

9 658O(c) of the Child Care and Development Block 

10 Grant Act of 1990 (42 U.S.C. 9858m(c)) is amend11 ed—

12 (A) by redesignating paragraphs (4), (5), 

13 and (6) as paragraphs (5), (6), and (7), respec14 tively; and 

15 (B) by inserting after paragraph (3) the 

16 following: 

17 ‘‘(4) NEGOTIATED RULEMAKING.—In deter18 mining the base amount provided to Indian tribes 

19 and tribal organizations under this subsection, the 

20 Secretary shall conduct a negotiated rulemaking. 

21 The Secretary shall include in the negotiated rule22 making committee representatives of the Indian 

23 tribes and tribal organizations that the Secretary de24 termines to be eligible to receive grants or contracts 

25 under this subsection. The Secretary shall conduct 
47

•HR 2770 IH 

1 the negotiated rulemaking in accordance with sub2 chapter III of chapter 5 of title 5, United States 

3 Code, as in effect on November 28, 1996.’’. 

4 (3) CONSTRUCTION OR RENOVATION.—Para5 graph (7)(C) of section 658O(c) of the Child Care 

6 and Development Block Grant Act of 1990 (as re7 designated in paragraph (2)(A)) is amended—

8 (A) by striking ‘‘The’’ and inserting the 

9 following: 

10 ‘‘(i) IN GENERAL.—Except as pro11 vided in clause (ii), the’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(ii) TEMPORARY DECREASE.—The 

14 Secretary may permit an Indian tribe or 

15 tribal organization to use amounts pro16 vided under this subsection for construc17 tion or renovation even if such use will re18 sult in a temporary decrease described in 

19 clause (i), if—

20 ‘‘(I) the Secretary determines 

21 that the construction or renovation 

22 will enable the tribe or organization to 

23 increase, in fiscal years subsequent to 

24 the year for which the determination 

25 under subparagraph (B) is made, the 
48

•HR 2770 IH 

1 level of child care services provided by 

2 the tribe or organization as compared 

3 to the level of such services provided 

4 by the tribe or organization in the fis5 cal year for which the determination 

6 is made; and 

7 ‘‘(II) the tribe or organization 

8 submits to the Secretary, and obtains 

9 approval of, a multiyear plan for the 

10 construction or renovation.’’. 

11 (c) CONFORMING AMENDMENT.—Section 658F(b)(1) 

12 of the Child Care and Development Block Grant Act of 

13 1990 (42 U.S.C. 9858d(b)(1)) is amended by striking 

14 ‘‘658O(c)(6)’’ and inserting ‘‘658O(c)(7)’’. 

15 SEC. 7. EQUITABLE ACCESS. 

16 (a) ENSURING EQUITABLE ACCESS.—

17 (1) STATE PLAN REQUIREMENT.—Section 

18 402(a)(1)(B) of the Social Security Act (42 U.S.C. 

19 602(a)(1)(B)) is amended by adding at the end the 

20 following: 

21 ‘‘(v) The document shall describe how 

22 the State will ensure equitable access to 

23 benefits and services provided under the 

24 program for each member of an Indian 

25 tribe or tribal organization, who is domi-
49

•HR 2770 IH 

1 ciled in the State and is not eligible for as2 sistance under a tribal family assistance 

3 plan approved under section 412.’’. 

4 (2) TRIBAL FAMILY ASSISTANCE PLAN RE5 QUIREMENT.—Section 412(b)(1) of the Social Secu6 rity Act (42 U.S.C. 612(b)(1)) is amended—

7 (A) in subparagraph (E), by striking 

8 ‘‘and’’ at the end; 

9 (B) in subparagraph (F), by striking the 

10 period and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(G) describes how the Indian tribe will 

13 ensure equitable access to benefits and services 

14 provided under the plan for each member of the 

15 population to be served by the plan.’’. 

16 (3) ANNUAL REPORT TO CONGRESS.—

17 (A) INCLUSION OF INFORMATION ON INDI18 ANS SERVED BY STATE PROGRAMS.—Section 

19 411(b) of the Social Security Act (42 U.S.C. 

20 611(b)) is amended—

21 (i) in paragraph (3), by striking 

22 ‘‘and’’ at the end; 

23 (ii) in paragraph (4), by striking the 

24 period and inserting ‘‘; and’’; and 
50

•HR 2770 IH 

1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(5) State specific information on the demo4 graphics and caseload characteristics of Indians 

5 served by each State program funded under this 

6 part.’’. 

7 (B) CONFORMING AMENDMENTS.—Section 

8 411(a) of the Social Security Act (42 U.S.C. 

9 611(a)) is amended—

10 (i) by redesignating paragraph (7) as 

11 paragraph (8); and 

12 (ii) by inserting after paragraph (6), 

13 the following: 

14 ‘‘(7) REPORT ON INDIANS SERVED BY THE

15 STATE PROGRAM.—The report required by para16 graph (1) for a fiscal quarter shall include informa17 tion on the demographics and caseload characteris18 tics of Indians served by the State program during 

19 the quarter.’’. 

20 (b) CONSULTATION BETWEEN STATES AND INDIAN

21 TRIBES OR OTHER INDIANS RESIDING ON A RESERVA22 TION.—

23 (1) STATE PLAN REQUIREMENT.—Section 

24 402(a)(5) of the Social Security Act (42 U.S.C. 
51

•HR 2770 IH 

1 602(a)(5)) is amended by striking ‘‘will’’ and all 

2 that follows through the period and inserting ‘‘will—

3 ‘‘(A) consult with each Indian tribe located 

4 within the State regarding the State plan in 

5 order to ensure equitable access to benefits and 

6 services provided under the plan for any mem7 ber of such a tribe who is not eligible for assist8 ance under a tribal family assistance plan ap9 proved under section 412; and 

10 ‘‘(B) provide each member of an Indian 

11 tribe, who is domiciled in the State and is not 

12 eligible for assistance under a tribal family as13 sistance plan approved under section 412, with 

14 equitable access to assistance under the State 

15 program funded under this part attributable to 

16 funds provided by the Federal Government.’’. 

17 (2) TRIBAL FAMILY ASSISTANCE PLAN RE18 QUIREMENT.—Section 412(b)(1) of the Social Secu19 rity Act (42 U.S.C. 612(b)(1)), as amended by sub20 section (a)(2), is amended—

21 (A) in subparagraph (F), by striking 

22 ‘‘and’’ at the end; 

23 (B) in subparagraph (G), by striking the 

24 period and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 
52

•HR 2770 IH 

1 ‘‘(H) provides that the Indian tribe will 

2 consult with each State in which a service area 

3 of the plan is located on the operation of the 

4 plan and the provision of assistance or services 

5 to families under the plan.’’. 

6 (c) ADVISORY COMMITTEE ON THE STATUS OF INDI7 ANS WHO DO NOT RESIDE IN INDIAN COUNTRY.—

8 (1) IN GENERAL.—The Secretary of Health and 

9 Human Services shall convene an advisory com10 mittee on the status of Indians who do not reside in 

11 Indian country (as defined in section 1151 of title 

12 18, United States Code). 

13 (2) DUTIES.—The committee established under 

14 paragraph (1) shall make recommendations regard15 ing how to ensure that Indians who do not reside in 

16 Indian country (as so defined) receive equitable ac17 cess to benefits and services under the temporary as18 sistance to needy families program under part A of 

19 title IV of the Social Security Act (42 U.S.C. 601 

20 et seq.) and other publicly funded assistance pro21 grams. 

22 (3) MEMBERSHIP.—

23 (A) IN GENERAL.—The committee estab24 lished under paragraph (1) shall include rep25 resentatives of—
53

•HR 2770 IH 

1 (i) Federal, State, and tribal govern2 ments; and 

3 (ii) Indians who do not reside in In4 dian country (as so defined). 

5 (B) MAJORITY.—A majority of the mem6 bers of such committee shall be representatives 

7 of Indians who do not reside in Indian country 

8 (as so defined). 

9 (d) GAO STUDY AND REPORT.—

10 (1) STUDY.—The Comptroller General of the 

11 United States shall conduct a study of the demo12 graphics of Indians who do not reside in Indian 

13 country (as defined in section 1151 of title 18, 

14 United States Code) that includes economic and 

15 health information, as well as information regarding 

16 the access of such Indians to benefits or services 

17 available under publicly funded programs. 

18 (2) REPORT.—Not later than June 30, 2004, 

19 the Comptroller General shall submit to Congress a 

20 report on the study conducted under paragraph (1). 

21 SEC. 8. AREAS OF INDIAN COUNTRY OR ALASKAN NATIVE 

22 VILLAGES OF HIGH JOBLESSNESS. 

23 (a) TIME LIMIT FOR RECEIPT OF ASSISTANCE.—Sec24 tion 408(a)(7)(D) of the Social Security Act (42 U.S.C. 

25 608(a)(7)(D)) is amended—
54

•HR 2770 IH 

1 (1) in the subparagraph heading, by striking 

2 ‘‘by adult’’ and all that follows through ‘‘unemploy3 ment’’ and inserting ‘‘in areas of Indian country or 

4 an Alaskan Native village with high joblessness’’; 

5 (2) by striking clause (i) and inserting the fol6 lowing: 

7 ‘‘(i) IN GENERAL.—Subject to clause 

8 (ii), in determining the number of months 

9 for which an adult has received assistance 

10 under a State or tribal program funded 

11 under this part, the State or tribe shall 

12 disregard any month during which the 

13 adult lived in Indian country or an Alas14 kan Native village if the most reliable data 

15 available (or such other data submitted by 

16 a State or tribal program as the Secretary 

17 may approve) with respect to the month 

18 (or a period including the month) indicate 

19 that at least 20 percent of the adult recipi20 ents who were living in Indian country or 

21 in the village were jobless.’’; 

22 (3) by redesignating clause (ii) as clause (iii); 

23 and 

24 (4) by inserting after clause (i), the following: 
55

•HR 2770 IH 

1 ‘‘(ii) REQUIREMENT.—A month may 

2 only be disregarded under clause (i) with 

3 respect to an adult recipient described in 

4 that clause if the adult is in compliance 

5 with program requirements.’’. 

6 (b) STATE FLEXIBILITY TO DEFINE WORK ACTIVI7 TIES.—Section 407(c)(2) of the Social Security Act (42 

8 U.S.C. 607(c)(2)) is amended by adding at the end the 

9 following: 

10 ‘‘(E) OPTIONAL MODIFICATION OF WORK

11 REQUIREMENTS FOR RECIPIENTS RESIDING IN

12 AREAS OF INDIAN COUNTRY OR AN ALASKAN

13 NATIVE VILLAGE WITH HIGH JOBLESSNESS.—

14 Notwithstanding paragraph (1), if a State has 

15 included in the State plan a description of the 

16 State’s policies in areas of Indian country or an 

17 Alaskan Native village described in section 

18 408(a)(7)(D), the State may define the activi19 ties described in subsection (d) that a recipient 

20 who resides in such an area and who is partici21 pating in activities in accordance with an indi22 vidual responsibility plan under section 408(b) 

23 may engage in for purposes of satisfying work 

24 requirements under the State program and for 
56

•HR 2770 IH 

1 purposes of determining monthly participation 

2 rates under subsection (b).’’. 

3 SEC. 9. PARITY IN TREATMENT OF ALASKAN NATIVES. 

4 (a) ELIMINATION OF SPECIAL RULE.—Section 412 

5 of the Social Security Act (42 U.S.C. 612) is amended 

6 by striking subsection (i). 

7 (b) ELIMINATION OF SPECIAL DEFINITION.—Section 

8 419(4) of the Social Security Act (42 U.S.C. 619(4)) is 

9 amended to read as follows: 

10 ‘‘(4) INDIAN, INDIAN TRIBE, AND TRIBAL ORGA11 NIZATION.—The terms ‘Indian’, ‘Indian tribe’, and 

12 ‘tribal organization’ have the meanings given such 

13 terms in section 4 of the Indian Self-Determination 

14 and Education Assistance Act (25 U.S.C. 450b).’’. 

15 SEC. 10. AUTHORITY OF INDIAN TRIBES TO RECEIVE FED16 ERAL FUNDS FOR FOSTER CARE AND ADOP17 TION ASSISTANCE. 

18 (a) CHILDREN PLACED IN TRIBAL CUSTODY ELIGI19 BLE FOR FOSTER CARE FUNDING.—Section 472(a)(2) of 

20 the Social Security Act (42 U.S.C. 672(a)(2)) is amend21 ed—

22 (1) by striking ‘‘or (B)’’ and inserting ‘‘(B)’’; 

23 and 

24 (2) by inserting before the semicolon the fol25 lowing: ‘‘, or (C) an Indian tribe or tribal organiza-
57

•HR 2770 IH 

1 tion (as defined in section 479B(e)) or an intertribal 

2 consortium if the Indian tribe, tribal organization, or 

3 consortium is not operating a program pursuant to 

4 section 479B and (i) has a cooperative agreement 

5 with a State pursuant to section 479B(c) or (ii) sub6 mits to the Secretary a description of the arrange7 ments (jointly developed or developed in consultation 

8 with the State) made by the Indian tribe, tribal or9 ganization, or consortium for the payment of funds 

10 and the provision of the child welfare services and 

11 protections required by this title’’. 

12 (b) PROGRAMS OPERATED BY INDIAN TRIBAL ORGA13 NIZATIONS.—Part E of title IV of the Social Security Act 

14 (42 U.S.C. 670 et seq.) is amended by adding at the end 

15 the following: 

16 ‘‘SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL OR17 GANIZATIONS. 

18 ‘‘(a) APPLICATION.—Except as provided in sub19 section (b), this part shall apply to an Indian tribe or trib20 al organization that elects to operate a program under this 

21 part in the same manner as this part applies to a State. 

22 ‘‘(b) MODIFICATION OF PLAN REQUIREMENTS.—

23 ‘‘(1) IN GENERAL.—In the case of an Indian 

24 tribe or tribal organization submitting a plan for ap25 proval under section 471, the plan shall—
58

•HR 2770 IH 

1 ‘‘(A) in lieu of the requirement of section 

2 471(a)(3), identify the service area or areas and 

3 population to be served by the Indian tribe or 

4 tribal organization; and 

5 ‘‘(B) in lieu of the requirement of section 

6 471(a)(10), provide for the approval of foster 

7 homes pursuant to tribal standards and in a 

8 manner that ensures the safety of, and account9 ability for, children placed in foster care. 

10 ‘‘(2) DETERMINATION OF FEDERAL SHARE.—

11 ‘‘(A) PER CAPITA INCOME.—

12 ‘‘(i) IN GENERAL.—For purposes of 

13 determining the Federal medical assistance 

14 percentage applicable to an Indian tribe or 

15 tribal organization under paragraphs (1) 

16 and (2) of section 474(a), the calculation 

17 of an Indian tribe’s or tribal organization’s 

18 per capita income shall be based upon the 

19 service population of the Indian tribe or 

20 tribal organization as defined in its plan in 

21 accordance with paragraph (1)(A). 

22 ‘‘(ii) CONSIDERATION OF OTHER IN23 FORMATION.—An Indian tribe or tribal or24 ganization may submit to the Secretary 

25 such information as the Indian tribe or 
59

•HR 2770 IH 

1 tribal organization considers relevant to 

2 the calculation of the per capita income of 

3 the Indian tribe or tribal organization, and 

4 the Secretary shall consider such informa5 tion before making the calculation. 

6 ‘‘(B) ADMINISTRATIVE EXPENDITURES.—

7 The Secretary shall, by regulation, determine 

8 the proportions to be paid to Indian tribes and 

9 tribal organizations pursuant to section 

10 474(a)(3), except that in no case shall an In11 dian tribe or tribal organization receive a lesser 

12 proportion than the corresponding amount spec13 ified for a State in that section. 

14 ‘‘(C) SOURCES OF NON-FEDERAL

15 SHARE.—An Indian tribe or tribal organization 

16 may use Federal or State funds to match pay17 ments for which the Indian tribe or tribal orga18 nization is eligible under section 474. 

19 ‘‘(3) MODIFICATION OF OTHER REQUIRE20 MENTS.—Upon the request of an Indian tribe, tribal 

21 organization, or a consortia of tribes or tribal orga22 nizations, the Secretary may modify any requirement 

23 under this part if, after consulting with the Indian 

24 tribe, tribal organization, or consortia of tribes or 

25 tribal organizations, the Secretary determines that 
60

•HR 2770 IH 

1 modification of the requirement would advance the 

2 best interests and the safety of children served by 

3 the Indian tribe, tribal organization, or consortia of 

4 tribes or tribal organizations. 

5 ‘‘(4) CONSORTIUM.—The participating Indian 

6 tribes or tribal organizations of an intertribal con7 sortium may develop and submit a single plan under 

8 section 471 that meets the requirements of this sec9 tion. 

10 ‘‘(c) COOPERATIVE AGREEMENTS.—An Indian tribe, 

11 tribal organization, or intertribal consortium and a State 

12 may enter into a cooperative agreement for the adminis13 tration or payment of funds pursuant to this part. In any 

14 case where an Indian tribe, tribal organization, or inter15 tribal consortium and a State enter into a cooperative 

16 agreement that incorporates any of the provisions of this 

17 section, those provisions shall be valid and enforceable. 

18 Any such cooperative agreement that is in effect as of the 

19 date of enactment of this section, shall remain in full force 

20 and effect subject to the right of either party to the agree21 ment to revoke or modify the agreement pursuant to the 

22 terms of the agreement. 

23 ‘‘(d) REGULATIONS.—Not later than 1 year after the 

24 date of enactment of this section, the Secretary shall, in 
61

•HR 2770 IH 

1 full consultation with Indian tribes and tribal organiza2 tions, promulgate regulations to carry out this section. 

3 ‘‘(e) DEFINITIONS OF INDIAN TRIBE; TRIBAL ORGA4 NIZATIONS.—In this section, the terms ‘Indian tribe’ and 

5 ‘tribal organization’ have the meanings given those terms 

6 in subsections (e) and (l) of section 4 of the Indian Self7 Determination and Education Assistance Act (25 U.S.C. 

8 450b), respectively.’’. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section take effect on the date of enactment of this 

11 Act without regard to regulations to implement such 

12 amendments being promulgated by such date. 

13 SEC. 11. DEMONSTRATION PROGRAM TO ALLOW INDIAN 

14 TRIBES TO DETERMINE ELIGIBILITY FOR 

15 THE FOOD STAMP, MEDICAID, AND STATE 

16 CHILDREN’S HEALTH INSURANCE PRO17 GRAMS. 

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law, the Secretary of Health and Human Services, 

20 in consultation with the Secretary of Agriculture, shall 

21 conduct a demonstration program under which, not more 

22 than 10 Indian tribes (as defined in section 4 of the Indian 

23 Self-Determination and Education Assistance Act (25 

24 U.S.C. 450b)) with an approved tribal family assistance 

25 plan under part A of title IV of the Social Security Act 
62

•HR 2770 IH 

1 (42 U.S.C. 601 et seq.) (or the participating Indian tribes 

2 of an intertribal consortium with such an approved plan) 

3 shall be authorized to—

4 (1) determine the eligibility of Indian families 

5 for—

6 (A) benefits under the food stamp program 

7 under the Food Stamp Act of 1977 (7 U.S.C. 

8 2011 et seq.); 

9 (B) medical assistance under the medicaid 

10 program under title XIX of the Social Security 

11 Act (42 U.S.C. 1396 et seq.); and 

12 (C) child health assistance under the State 

13 children’s health insurance program under title 

14 XXI of the Social Security Act (42 U.S.C. 

15 1397aa et seq.); 

16 (2) administer the provision of benefits or as17 sistance under any or all of such programs to Indian 

18 families; or 

19 (3) carry out both of the activities described in 

20 paragraphs (1) and (2). 

21 (b) REQUIREMENTS.—

22 (1) CONSISTENCY WITH STATE OPERATION OF

23 PROGRAMS.—Except as provided in paragraph (2), 

24 an activity may not be authorized to be carried out 

25 by an Indian tribe (or consortium) under subsection 
63

•HR 2770 IH 

1 (a) unless the activity will be conducted in a manner 

2 that is consistent with the operation of such activity 

3 by any State in which the tribe (or consortium) is 

4 located. 

5 (2) WAIVER OF MATCHING REQUIREMENTS.—

6 The Secretary of Health and Human Services and 

7 the Secretary of Agriculture may waive such applica8 ble matching requirements under the programs re9 ferred to in subsection (a)(1) as may be necessary 

10 for a tribe or consortium to carry out an activity au11 thorized under the demonstration program con12 ducted under this section. 

13 (3) NO WAIVER OF PROGRAM INTEGRITY RE14 QUIREMENTS.—The Secretary of Health and Human 

15 Services and the Secretary of Agriculture may not 

16 waive any requirement under a program referred to 

17 in subsection (a)(1) that is related to ensuring the 

18 integrity of an activity authorized under the dem19 onstration program conducted under this section, in20 cluding any financial penalty for violation of such a 

21 requirement. 

22 (c) REPORTS.—The Secretary of Health and Human 

23 Services and the Secretary of Agriculture jointly shall sub24 mit periodic reports to Congress on the demonstration 

25 program conducted under this section. 
64

•HR 2770 IH 

1 SEC. 12. TRIBAL CHILD SUPPORT ENFORCEMENT PRO2 GRAMS. 

3 Not later than 1 year after the date of enactment 

4 of this Act, the Secretary of Health and Human Services 

5 shall—

6 (1) promulgate final regulations for making di7 rect payments to Indian tribes and tribal organiza8 tions under section 455(f) of the Social Security Act 

9 (42 U.S.C. 655(f)); and 

10 (2) submit a report to Congress on the most 

11 appropriate methods of including tribal child support 

12 programs in the methodology used for child support 

13 incentive payments under section 458 of the Social 

14 Security Act (42 U.S.C. 658). 

15 SEC. 13. BREAK THE CYCLE DEMONSTRATION GRANTS. 

16 (a) AUTHORITY TO AWARD GRANTS.—

17 (1) IN GENERAL.—The Secretary of Health and 

18 Human Services, in consultation with the Secretary 

19 of Education, shall award grants to up to 10 Indian 

20 tribes (as defined in section 4 of the Indian Self-De21 termination and Education Assistance Act (25 

22 U.S.C. 450b)) to carry out the activities described in 

23 subsection (b). 

24 (2) APPLICATION.—An Indian tribe desiring a 

25 grant under this section shall submit—
65

•HR 2770 IH 

1 (A) an application to the Secretary of 

2 Health and Human Services, at such time, in 

3 such manner, and containing such information 

4 as the Secretary may require; and 

5 (B) a plan outlining how the tribe intends 

6 to use funds made available under the grant to 

7 carry out activities described in subsection (b) 

8 to help children of Indian families receiving as9 sistance under the temporary assistance to 

10 needy families program under part A of title IV 

11 of the Social Security Act (42 U.S.C. 601 et 

12 seq.) (in this section referred to as ‘‘TANF’’) 

13 obtain a secondary school diploma or its recog14 nized equivalent. 

15 (3) CRITERIA FOR AWARDING GRANTS.—

16 (A) CONSULTATION WITH INDIAN

17 TRIBES.—The Secretary of Health and Human 

18 Services shall consult with Indian tribes regard19 ing the establishment of criteria for awarding 

20 grants under this section. 

21 (B) PRIORITY.—The criteria established 

22 under subparagraph (A) shall require the Sec23 retary of Health and Human Services to give 

24 priority to awarding grants to those Indian 

25 tribes applying that have the highest percent-
66

•HR 2770 IH 

1 ages of individuals that have not obtained a sec2 ondary school diploma or its recognized equiva3 lent. 

4 (4) STATE PARTNERSHIPS.—An Indian tribe 

5 awarded a grant under this section may enter into 

6 a partnership with a State, a local educational agen7 cy, or a private elementary or secondary school to 

8 carry out the activities described in subsection (b). 

9 (5) DEFINITION OF CHILD.—In this section, the 

10 term ‘‘child’’ means an individual who has not at11 tained age 21. 

12 (b) ACTIVITIES DESCRIBED.—The activities de13 scribed in this subsection include—

14 (1) mentoring activities; 

15 (2) tutoring activities; 

16 (3) adjusting requirements applicable to the 

17 child or family under TANF; 

18 (4) teen pregnancy prevention activities; and 

19 (5) any other activities approved by the Sec20 retary of Health and Human Services that are re21 lated to achieving the purpose described in sub22 section (a)(2)(B). 

23 (c) EVALUATION AND REPORT.—

24 (1) IN GENERAL.—Of the amount appropriated 

25 under subsection (d) for fiscal year 2005, 
67

•HR 2770 IH 

1 $1,000,000 shall be reserved by the Secretary of 

2 Health and Human Services for the purpose of con3 ducting, through grant, contract, or interagency 

4 agreement, an evaluation of the activities carried out 

5 under grants awarded under this section. 

6 (2) REPORT.—The Secretary of Health and 

7 Human Services shall submit a report to Congress 

8 on the evaluation conducted under paragraph (1). 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to the Secretary of 

11 Health and Human Services to carry out this section, 

12 $20,000,000 for each of fiscal years 2005 through 2008. 

13 SEC. 14. RESERVATION OF FUNDS UNDER THE SOCIAL 

14 SERVICES BLOCK GRANT. 

15 (a) ELIGIBILITY FOR PAYMENTS.—Section 2002 of 

16 the Social Security Act (42 U.S.C. 1397a) is amended by 

17 adding at the end the following: 

18 ‘‘(g)(1) An Indian tribe or tribal organization (as 

19 such terms are defined in section 4 of the Indian Self20 Determination and Education Assistance Act (25 U.S.C. 

21 450b)) that administers a social services program shall be 

22 eligible for payment under this title for each fiscal year 

23 in which funds are reserved for such purposes under sec24 tion 2003(d), in an amount equal to the pro rata share 
68

•HR 2770 IH 

1 of the amount available for such payments for such fiscal 

2 year. 

3 ‘‘(2) The Secretary, in consultation with Indian tribes 

4 and tribal organizations (as so defined) located throughout 

5 the United States, shall determine the extent to which the 

6 requirements applicable to payments to States under this 

7 title shall apply to payments made to Indian tribes and 

8 tribal organizations under paragraph (1).’’. 

9 (b) RESERVATION OF FUNDS.—Section 2003 of the 

10 Social Security Act (42 U.S.C. 1397b) is amended—

11 (1) in subsection (b)(2)—

12 (A) by striking ‘‘the total amount’’ and in13 serting ‘‘(A) the total amount’’; 

14 (B) by striking the period and inserting ‘‘; 

15 and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(B) the amount reserved in subsection (d) for 

18 that fiscal year.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(d)(1) For purposes of subsection (b)(2)(B), the 

21 amount reserved in this subsection is, with respect to any 

22 fiscal year in which the amount specified in subsection (c) 

23 exceeds $2,400,000,000, the amount in excess of such 

24 amount, not to exceed the sum of $10,000,000, plus the 
69

•HR 2770 IH 

1 amount equal to 2 percent of the total amount in excess 

2 of $2,400,000,000. 

3 ‘‘(2) The amount reserved under paragraph (1) shall 

4 be used to make payments to Indian tribes and tribal or5 ganizations described in section 2002(g)(1).’’. 

6 SEC. 15. RESEARCH ON TRIBAL WELFARE PROGRAMS AND 

7 POVERTY AMONG INDIANS. 

8 Section 413 of the Social Security Act (42 U.S.C. 

9 613) is amended by adding at the end the following: 

10 ‘‘(k) TRIBAL WELFARE PROGRAMS AND EFFORTS TO

11 REDUCE POVERTY AMONG INDIANS.—

12 ‘‘(1) IN GENERAL.—The Secretary, directly or 

13 through grants, contracts, or interagency agree14 ments, shall conduct research on tribal family assist15 ance programs conducted under section 412 and 

16 other tribal welfare programs and on efforts to re17 duce poverty among Indians. 

18 ‘‘(2) PRIORITY FOR CERTAIN APPLICATIONS.—

19 With respect to applications for grants under para20 graph (1), the Secretary shall give priority to appli21 cations to conduct research in cooperation with trib22 al governments or tribally controlled colleges or uni23 versities. 

24 ‘‘(3) TECHNICAL ASSISTANCE.—The Secretary 

25 may use funds appropriated under paragraph (4) to 
70

•HR 2770 IH 

1 provide technical assistance concerning data report2 ing and collection with respect to research conducted 

3 under this subsection. 

4 ‘‘(4) APPROPRIATION.—Out of any money in 

5 the Treasury of the United States not otherwise ap6 propriated, there are appropriated $2,000,000 for 

7 fiscal year 2004 for the purpose of carrying out this 

8 subsection.’’. 

9 SEC. 16. EFFECTIVE DATE. 

10 Unless otherwise provided, the amendments made by 

11 this Act take effect on October 1, 2003.

Æ