I

103D CONGRESS

2D SESSION H. R. 4162

To grant authority to provide social services block grants directly to Indian

tribes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 24, 1994

Mr. RICHARDSON (for himself, Mr. MCDERMOTT, Mr. BREWSTER, and Mr.

KOPETSKI) introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To grant authority to provide social services block grants

directly to Indian tribes.

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

3 SECTION 1. AUTHORITY TO PROVIDE SOCIAL SERVICES

4 BLOCK GRANTS DIRECTLY TO INDIAN

5 TRIBES.

6 Section 2003 of the Social Security Act (42 U.S.C.

7 1397b) is amended—

8 (1) by striking ‘‘Northern Mariana Islands’’

9 and inserting ‘‘Northern Mariana Islands, and any
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1 participating Indian tribe or tribal organization

2 under subsection (d),’’; and

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

4 ‘‘(d)(1) Of the amounts specified in subsection (c),

5 3 percent shall be available for grants or contracts with

6 Indian tribes or tribal organizations in accordance with

7 this subsection.

8 ‘‘(2) The Secretary shall make grants to or enter into

9 contracts with Indian tribes or tribal organizations for

10 planning and carrying out programs and activities under

11 this title.

12 ‘‘(3) The Secretary shall establish criteria for the re13 view and approval of applications for grants or contracts

14 under this subsection.

15 ‘‘(4)(A) Not later than 180 days after the date of

16 enactment of this subsection, the Secretary, with the full

17 participation of Indian tribes and tribal organizations,

18 shall establish and promulgate by regulation, a base fund19 ing formula similar to the formula established under sec20 tion 658O of the Child Care and Development Block

21 Grant Act of 1990 (42 U.S.C. 9858M).

22 ‘‘(B) The Secretary in the development of the funding

23 formula, may consider such additional factors as the Sec24 retary determines appropriate, including unique geo-
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1 graphic and demographic conditions of the tribal reserva2 tion and service area.

3 ‘‘(5) Funds not distributed to Indian tribes and tribal

4 organizations in a fiscal year shall be available in subse5 quent fiscal years for reallocation to eligible tribes and

6 tribal organizations.

7 ‘‘(6) In any case where a contract is let or grant

8 made to a tribal organization to perform services benefit9 ting more than one Indian tribe, the approval of each such

10 Indian tribe shall be a prerequisite to the letting or mak11 ing of such contract or grant.

12 ‘‘(7) Nothing in this subsection shall be construed

13 to—

14 ‘‘(A) serve as authorization to limit the eligi15 bility of any individual to participate in any program

16 offered by a State or subdivision thereof;

17 ‘‘(B) modify any requirement imposed upon a

18 State by any provision in this title; or

19 ‘‘(C) preclude or discourage agreements be20 tween Indian tribes and States which facilitate the

21 provision of services by the Indian tribe to its service

22 population.

23 ‘‘(e) For purposes of this section—

24 ‘‘(1) the term ‘Indian tribe’ means any Indian

25 tribe, band, nation, or other organized group or com-
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1 munity, including any Alaska Native village or re2 gional or village corporation as defined in or estab3 lished pursuant to the Alaska Native Claims Settle4 ment Act (43 U.S.C. 1601 et seq.) which is recog5 nized as eligible for the special programs and serv6 ices provided by the United States to Indians be7 cause of their status as Indians; and

8 ‘‘(2) the term ‘tribal organization’ means—

9 ‘‘(A) the recognized governing body of any

10 Indian tribe; and

11 ‘‘(B) any legally established organization

12 of Indians which is controlled, sanctioned, or

13 chartered by such governing body or which is

14 democratically elected by the adult members of

15 the Indian community to be served by such or16 ganization and which includes the maximum

17 participation of Indians in all phases of its

18 activities.’’.

19 SEC. 2. EFFECTIVE DATE.

20 The amendments made by section 1 shall take effect

21 on the first day of the first fiscal year beginning after the

22 date of enactment of this Act.

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