I

106TH CONGRESS

2D SESSION H. R. 4858

To provide that the first $5,000 received from the income of an Indian

tribe by any member of the tribe who has attained 50 years of age

shall be disregarded in determining the eligibility of the member or

the member’s household for benefits, and the amount or kind of any

benefits of the member or household, under various means-tested public

assistance programs.

IN THE HOUSE OF REPRESENTATIVES

JULY 13, 2000

Mr. STUPAK (for himself, Mr. CONYERS, Mr. GEORGE MILLER of California,

Ms. STABENOW, Mr. FROST, Mr. FALEOMAVAEGA, Mr. KENNEDY of

Rhode Island, Mr. ABERCROMBIE, Ms. KILPATRICK, Mr. RANGEL, Mr.

KILDEE, Mr. BACA, Mr. PETERSON of Minnesota, Mr. MCDERMOTT, Mr.

MARTINEZ, Ms. LEE, Mr. KIND, Mr. BARCIA, Mr. FILNER, Ms. CARSON,

Ms. PELOSI, Mr. DIAZ-BALART, Ms. JACKSON-LEE of Texas, Mr.

PALLONE, Mr. UDALL of Colorado, and Mr. UDALL of New Mexico) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committees on Agriculture, Banking and

Financial Services, Commerce, Education and the Workforce, Veterans’

Affairs, and Ways and Means, 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 provide that the first $5,000 received from the income

of an Indian tribe by any member of the tribe who

has attained 50 years of age shall be disregarded in

determining the eligibility of the member or the member’s household for benefits, and the amount or kind
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of any benefits of the member or household, under various means-tested public assistance programs.

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.

4 This Act may be cited as the ‘‘Native American El5 ders Assistance Act’’.

6 SEC. 2. DISREGARD OF CERTAIN PAYMENTS BY INDIAN

7 TRIBES TO TRIBAL ELDERS UNDER VARIOUS

8 MEANS-TESTED PUBLIC ASSISTANCE PRO9 GRAMS.

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of law—

12 (1) the first $5,000 of income of an Indian

13 tribe (as defined in section 419(4) of the Social Se14 curity Act) received in any calendar year by a mem15 ber of the tribe who has attained 50 years of age

16 shall not be considered income or resources in deter17 mining the eligibility of the member or the member’s

18 household for any benefit described in subsection

19 (b), or the amount or kind of any such benefit to be

20 provided by reason of the eligibility; and

21 (2) for so long as any portion of the amount is

22 retained by the member, the portion shall continue

23 to be so not considered.
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1 (b) BENEFITS DESCRIBED.—A benefit is described in

2 this subsection if the benefit is any of the following:

3 (1) Medical assistance under a State plan ap4 proved under title XIX of the Social Security Act.

5 (2) Supplemental security income benefits

6 under title XVI of the Social Security Act.

7 (3) Pension under chapter 15 of title 38,

8 United States Code, or section 306 of Public Law

9 95–588.

10 (4) Agricultural commodities distributed

11 through the commodity supplemental food program

12 under section 4 of the Agriculture and Consumer

13 Protection Act of 1973 (7 U.S.C. 612c note).

14 (5) Occupancy in a public housing dwelling unit

15 assisted under the United States Housing Act of

16 1937 (42 U.S.C. 1437 et seq.).

17 (6) Rental or homeownership assistance made

18 available under the United States Housing Act of

19 1937.

20 (7) Occupancy in a rural rental housing project

21 assisted under section 515 of the Housing Act of

22 1949 (42 U.S.C. 1485).

23 (8) Rural rental assistance under section

24 521(a)(2) of the Housing Act of 1949 (42 U.S.C.
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1 1490a) or rural housing voucher assistance under

2 section 542 of such Act (42 U.S.C. 1490r).

3 (9) Food, shelter, or supportive services pro4 vided with assistance made available under the emer5 gency food and shelter grants program under sub6 title B of title III of Stewart B. McKinney Homeless

7 Assistance Act (42 U.S.C. 11341 et seq.).

8 (10) Occupancy in a dwelling unit assisted

9 under the Native American Housing Assistance and

10 Self-Determination Act of 1996 (25 U.S.C. 4101 et

11 seq.) or other services or activities assisted under

12 such Act.

13 (11) Home energy assistance payments or al14 lowances provided directly to, or indirectly for the

15 benefit of, a household under the Low-Income Home

16 Energy Assistance Act of 1981 (42 U.S.C. 8621 et

17 seq.).

18 (12) Financial assistance for weatherization

19 under part A of title IV of the Energy Conservation

20 and Production Act (42 U.S.C. 6861 et seq.).

21 (c) EFFECTIVE DATE.—This section shall take effect

22 on the 1st day of the 3rd calendar month that begins after

23 the date of the enactment of this Act.

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