I
107TH CONGRESS
1ST SESSION
H. R. 1635
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
APRIL 26, 2001
Mr. STUPAK introduced the following bill; which was referred to the Com-
mittee on Resources, and in addition to the Committee on Agriculture,
Financial Services, Energy and 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 provi-
sions 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 mem-
ber’s household for benefits, and the amount or kind
of any benefits of the member or household, under var-
ious means-tested public assistance programs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Native American El-
ders Assistance Act’’.
SEC. 2. DISREGARD OF CERTAIN PAYMENTS BY INDIAN
TRIBES TO TRIBAL ELDERS UNDER VARIOUS
MEANS-TESTED PUBLIC ASSISTANCE PRO-
GRAMS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law—
(1) the first $5,000 of income of an Indian
tribe (as defined in section 419(4) of the Social Se-
curity Act) received in any calendar year by a mem-
ber of the tribe who has attained 50 years of age
shall not be considered income or resources in deter-
mining the eligibility of the member or the member’s
household for any benefit described in subsection
(b), or the amount or kind of any such benefit to be
provided by reason of the eligibility; and
(2) for so long as any portion of the amount is
retained by the member, the portion shall continue
to be so not considered.
(b) BENEFITS DESCRIBED.—A benefit is described in
this subsection if the benefit is any of the following:
(1) Medical assistance under a State plan ap-
proved under title XIX of the Social Security Act.
(2) Supplemental security income benefits
under title XVI of the Social Security Act.
(3) Pension under chapter 15 of title 38,
United States Code, or section 306 of Public Law
95–588.
(4) 
Agricultural 
commodities 
distributed
through the commodity supplemental food program
under section 4 of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c note).
(5) Occupancy in a public housing dwelling unit
assisted under the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.).
(6) Rental or homeownership assistance made
available under the United States Housing Act of
1937.
(7) Occupancy in a rural rental housing project
assisted under section 515 of the Housing Act of
1949 (42 U.S.C. 1485).
(8) Rural rental assistance under section
521(a)(2) of the Housing Act of 1949 (42 U.S.C.
1490a) or rural housing voucher assistance under
section 542 of such Act (42 U.S.C. 1490r).
(9) Food, shelter, or supportive services pro-
vided with assistance made available under the emer-
gency food and shelter grants program under sub-
title B of title III of Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11341 et seq.).
(10) Occupancy in a dwelling unit assisted
under the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.) or other services or activities assisted under
such Act.
(11) Home energy assistance payments or al-
lowances provided directly to, or indirectly for the
benefit of, a household under the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.).
(12) Financial assistance for weatherization
under part A of title IV of the Energy Conservation
and Production Act (42 U.S.C. 6861 et seq.).
(c) EFFECTIVE DATE.—This section shall take effect
on the 1st day of the 3rd calendar month that begins after
the date of the enactment of this Act.
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