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 fis-
cal 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 domi-
ciled in the State and is not eligible for as-
sistance under a tribal family assistance 
plan approved under section 412.’’. 
(2) TRIBAL
FAMILY
ASSISTANCE
PLAN
RE-
QUIREMENT.—Section 412(b)(1) of the Social Secu-
rity 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 INDI-
ANS
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 fol-
lowing: 
‘‘(5) State specific information on the demo-
graphics 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 para-
graph (1) for a fiscal quarter shall include informa-
tion on the demographics and caseload characteris-
tics of Indians served by the State program during 
the quarter.’’. 
(b) CONSULTATION BETWEEN STATES AND INDIAN 
TRIBES OR OTHER INDIANS RESIDING ON A RESERVA-
TION.—
(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 mem-
ber of such a tribe who is not eligible for assist-
ance under a tribal family assistance plan ap-
proved 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 as-
sistance 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
RE-
QUIREMENT.—Section 412(b)(1) of the Social Secu-
rity Act (42 U.S.C. 612(b)(1)), as amended by sub-
section (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 INDI-
ANS WHO DO NOT RESIDE IN INDIAN COUNTRY.—
(1) IN GENERAL.—The Secretary of Health and 
Human Services shall convene an advisory com-
mittee 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 regard-
ing how to ensure that Indians who do not reside in 
Indian country (as so defined) receive equitable ac-
cess to benefits and services under the temporary as-
sistance 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 pro-
grams. 
(3) MEMBERSHIP.—
(A) IN GENERAL.—The committee estab-
lished under paragraph (1) shall include rep-
resentatives of—
(i) Federal, State, and tribal govern-
ments; and 
(ii) Indians who do not reside in In-
dian country (as so defined). 
(B) MAJORITY.—A majority of the mem-
bers 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 demo-
graphics 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.—Sec-
tion 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 ‘‘unemploy-
ment’’ and inserting ‘‘in areas of Indian country or 
an Alaskan Native village with high joblessness’’; 
(2) by striking clause (i) and inserting the fol-
lowing: 
‘‘(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 Alas-
kan 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 recipi-
ents 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 ACTIVI-
TIES.—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 activi-
ties described in subsection (d) that a recipient 
who resides in such an area and who is partici-
pating in activities in accordance with an indi-
vidual 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 ORGA-
NIZATION.—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 FED-
ERAL FUNDS FOR FOSTER CARE AND ADOP-
TION ASSISTANCE. 
(a) CHILDREN PLACED IN TRIBAL CUSTODY ELIGI-
BLE FOR FOSTER CARE FUNDING.—Section 472(a)(2) of 
the Social Security Act (42 U.S.C. 672(a)(2)) is amend-
ed—
(1) by striking ‘‘or (B)’’ and inserting ‘‘(B)’’; 
and 
(2) by inserting before the semicolon the fol-
lowing: ‘‘, or (C) an Indian tribe or tribal organiza-
tion (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) sub-
mits to the Secretary a description of the arrange-
ments (jointly developed or developed in consultation 
with the State) made by the Indian tribe, tribal or-
ganization, 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 ORGA-
NIZATIONS.—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 OR-
GANIZATIONS. 
‘‘(a) APPLICATION.—Except as provided in sub-
section (b), this part shall apply to an Indian tribe or trib-
al 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 ap-
proval 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 account-
ability 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 IN-
FORMATION.—An Indian tribe or tribal or-
ganization 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 informa-
tion 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 In-
dian tribe or tribal organization receive a lesser 
proportion than the corresponding amount spec-
ified 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 pay-
ments for which the Indian tribe or tribal orga-
nization is eligible under section 474. 
‘‘(3) MODIFICATION
OF
OTHER
REQUIRE-
MENTS.—Upon the request of an Indian tribe, tribal 
organization, or a consortia of tribes or tribal orga-
nizations, 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 con-
sortium may develop and submit a single plan under 
section 471 that meets the requirements of this sec-
tion. 
‘‘(c) COOPERATIVE AGREEMENTS.—An Indian tribe, 
tribal organization, or intertribal consortium and a State 
may enter into a cooperative agreement for the adminis-
tration or payment of funds pursuant to this part. In any 
case where an Indian tribe, tribal organization, or inter-
tribal 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 agree-
ment 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