245
such eligible entities to carry out the activi-
ties described in subparagraph (D).
‘‘(ii) PROCESS.—The Secretary shall
award grants under this paragraph on a
competitive basis, after reviewing all appli-
cations submitted under subparagraph (C).
‘‘(B) ELIGIBLE ENTITIES.—
‘‘(i) IN GENERAL.—To be eligible to re-
ceive a grant under this paragraph, an en-
tity shall be—
‘‘(I) a State;
‘‘(II) a unit of local government;
‘‘(III) an Indian tribe; or
‘‘(IV) a public or private non-
profit agency, organization, or institu-
tion, or other nonprofit entity, includ-
ing a nonprofit urban Indian organi-
zation or an Indian group or commu-
nity that is not an Indian tribe.
‘‘(ii) DEFINITION OF STATE.—In this
paragraph, the term ‘State’ means each of
the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin
246
Islands, and the Commonwealth of the
Northern Mariana Islands.
‘‘(C) APPLICATION.—
‘‘(i) IN GENERAL.—An eligible entity
that desires a grant under this paragraph
shall submit an application to the Secretary
at such time, in such manner, and con-
taining such information as the Secretary
shall reasonably require.
‘‘(ii) PRIORITY.—In awarding grants
under this paragraph, the Secretary shall
give priority to an eligible entity that sub-
mits an application—
‘‘(I) proposing to establish a new
second chance home, especially in a
rural area or tribal community;
‘‘(II) proposing to collaborate
with a nonprofit entity in establishing,
expanding, or enhancing a second
chance home; or
‘‘(III) demonstrating that the eli-
gible entity will use funds provided
under a grant made under this section
(other than under this paragraph) to
support a portion of the operating
247
costs of the applicable second chance
home.
‘‘(D) USE OF FUNDS.—
‘‘(i) IN GENERAL.—An eligible entity
that receives a grant under this paragraph
shall use such grant funds to establish, ex-
pand, or enhance a second chance home.
‘‘(ii) DEFINITION OF SECOND CHANCE
HOME.—In this paragraph, the term ‘second
chance home’ means a community-based,
adult-supervised group home that provides
young mothers and their children with a
supportive and supervised living arrange-
ment in which such mothers are required to
learn parenting skills, including child devel-
opment, family budgeting, health and nutri-
tion, and other skills to promote their long-
term economic independence and the well-
being of their children.
‘‘(iii) 
REQUIREMENT.—A 
second
chance home that receives grant funds under
this paragraph shall provide services to
mothers who are not more than 23 years of
age and their children.
248
‘‘(E) MATCHING
FUNDS.—The Secretary
shall not award a grant to an eligible entity
under this paragraph unless the eligible entity
agrees that, with respect to the costs to be in-
curred in carrying out the activities for which
the grant was awarded, the eligible entity will
make available non-Federal contributions in an
amount equal to not less than 20 percent of the
Federal funds provided under the grant. Such
contributions may be provided in cash or in
kind, fairly valued, including plant, equipment,
or services.
‘‘(F) DURATION.—A grant shall be awarded
under this paragraph for a period of 5 years.
‘‘(G) CONTRACT FOR EVALUATION.—
‘‘(i) IN GENERAL.—The Secretary shall
enter into a contract with a public or pri-
vate entity for the evaluation of the second
chance homes that are supported by grants
awarded under this paragraph.
‘‘(ii) INFORMATION.—The evaluation
shall include the collection of information
about the relevant characteristics of individ-
uals who benefit from second chance homes
such as those that are supported by grant
249
funds under this paragraph and what serv-
ices provided by such second chance homes
are most beneficial to such individuals.
‘‘(iii) REPORT.—
‘‘(I) IN
GENERAL.—The entity
conducting the evaluation under this
subparagraph shall submit to Congress
an interim report and a final report
in accordance with subclause (II) con-
taining the results of the evaluation.
‘‘(II) DATE.—
‘‘(aa) INTERIM
REPORT.—
The interim report shall be sub-
mitted not later than 2 years after
the date on which the entity enters
into a contract.
‘‘(bb) FINAL
REPORT.—The
final report shall be submitted not
later than 5 years after the date
on which the entity enters into a
contract.
‘‘(iv) RESERVATION OF FUNDS.—From
amounts appropriated in accordance with
subparagraph (I) for fiscal year 2004, the
Secretary shall reserve $1,000,000 to carry
250
out the evaluation required under this sub-
paragraph.
‘‘(H) TECHNICAL ASSISTANCE.—
‘‘(i) IN GENERAL.—From amounts ap-
propriated under subparagraph (I)(i), the
Secretary may use an amount not to exceed
$500,000 to enter into a contract, with a
public or private entity, for the provision of
technical assistance to eligible entities re-
ceiving grant funds under this paragraph.
‘‘(ii) CONFERENCES.—The technical
assistance provided under this subpara-
graph may include conferences for the pur-
pose of disseminating information con-
cerning best practices for second chance
homes.
‘‘(I) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—
‘‘(i) IN GENERAL.—There is authorized
to be appropriated to carry out this para-
graph, $33,000,000 for each of fiscal years
2004 through 2007.
‘‘(ii) 
AVAILABILITY.—Any 
amounts
appropriated under the authority of clause
(i) shall remain available until expended.’’.
251
TITLE IV—HEALTH COVERAGE
SEC. 401. 5-YEAR EXTENSION AND SIMPLIFICATION OF THE
TRANSITIONAL MEDICAL ASSISTANCE PRO-
GRAM (TMA).
(a) OPTION
OF CONTINUOUS ELIGIBILITY
FOR 12
MONTHS; OPTION OF CONTINUING COVERAGE FOR UP TO
AN ADDITIONAL YEAR.—
(1) OPTION OF CONTINUOUS ELIGIBILITY FOR 12
MONTHS BY MAKING REPORTING REQUIREMENTS OP-
TIONAL.—Section 1925(b) (42 U.S.C. 1396r–6(b)) is
amended—
(A) in paragraph (1), by inserting ‘‘, at the
option of a State,’’ after ‘‘and which’’;
(B) in paragraph (2)(A), by inserting
‘‘Subject to subparagraph (C):’’ after ‘‘(A) NO-
TICES.—’’;
(C) in paragraph (2)(B), by inserting
‘‘Subject to subparagraph (C):’’ after ‘‘(B) RE-
PORTING REQUIREMENTS.—’’;
(D) by adding at the end the following new
subparagraph:
‘‘(C) STATE OPTION TO WAIVE NOTICE AND
REPORTING
REQUIREMENTS.—A 
State 
may
waive some or all of the reporting requirements
under clauses (i) and (ii) of subparagraph (B).
252
Insofar as it waives such a reporting require-
ment, the State need not provide for a notice
under subparagraph (A) relating to such require-
ment.’’; and
(E) in paragraph (3)(A)(iii), by inserting
‘‘the State has not waived under paragraph
(2)(C) the reporting requirement with respect to
such month under paragraph (2)(B) and if’’
after ‘‘6-month period if’’.
(2) STATE OPTION TO EXTEND ELIGIBILITY FOR
LOW-INCOME INDIVIDUALS FOR UP TO 12 ADDITIONAL
MONTHS.—Section 1925 (42 U.S.C. 1396r–6) is fur-
ther amended—
(A) by redesignating subsections (c) through
(f) as subsections (d) through (g), respectively;
and
(B) by inserting after subsection (b) the fol-
lowing new subsection:
‘‘(c) STATE OPTION OF UP TO 12 MONTHS OF ADDI-
TIONAL ELIGIBILITY.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this title, each State plan approved
under this title may provide, at the option of the
State, that the State shall offer to each family which
received assistance during the entire 6-month period
253
under subsection (b) and which meets the applicable
requirement of paragraph (2), in the last month of
the period the option of extending coverage under this
subsection for the succeeding period not to exceed 12
months.
‘‘(2) INCOME RESTRICTION.—The option under
paragraph (1) shall not be made available to a family
for a succeeding period unless the State determines
that the family’s average gross monthly earnings (less
such costs for such child care as is necessary for the
employment of the caretaker relative) as of the end of
the 6-month period under subsection (b) does not ex-
ceed 185 percent of the official poverty line (as de-
fined by the Office of Management and Budget, and
revised annually in accordance with section 673(2) of
the Omnibus Budget Reconciliation Act of 1981) ap-
plicable to a family of the size involved.
‘‘(3) APPLICATION OF EXTENSION RULES.—The
provisions of paragraphs (2), (3), (4), and (5) of sub-
section (b) shall apply to the extension provided
under this subsection in the same manner as they
apply to the extension provided under subsection
(b)(1), except that for purposes of this subsection—
‘‘(A) any reference to a 6-month period
under subsection (b)(1) is deemed a reference to
254
the extension period provided under paragraph
(1) and any deadlines for any notices or report-
ing and the premium payment periods shall be
modified to correspond to the appropriate cal-
endar quarters of coverage provided under this
subsection; and
‘‘(B) any reference to a provision of sub-
section (a) or (b) is deemed a reference to the
corresponding provision of subsection (b) or of
this subsection, respectively.’’.
(b) STATE OPTION TO WAIVE RECEIPT OF MEDICAID
FOR 3 OF PREVIOUS 6 MONTHS TO QUALIFY FOR TMA.—
Section 1925(a)(1) (42 U.S.C. 1396r–6(a)(1)) is amended
by adding at the end the following: ‘‘A State may, at its
option, also apply the previous sentence in the case of a
family that was receiving such aid for fewer than 3 months,
or that had applied for and was eligible for such aid for
fewer than 3 months, during the 6 immediately preceding
months described in such sentence.’’.
(c) 5-YEAR EXTENSION OF SUNSET FOR TMA.—
(1) IN GENERAL.—Subsection (g) of section 1925
(42 U.S.C. 1396r–6), as redesignated under subsection
(a)(2)(A), is further redesignated as subsection (i)
and is amended by striking ‘‘2002’’ and inserting
‘‘2007’’.
255
(2) 
CONFORMING
AMENDMENT.—Section
1902(e)(1)(B) (42 U.S.C. 1396a(e)(1)(B)) is amended
by striking ‘‘2002’’ and inserting ‘‘2007’’.
(d) CMS REPORT ON ENROLLMENT AND PARTICIPA-
TION RATES UNDER TMA.—Section 1925 (42 U.S.C.
1396r–6), as amended by subsections (a)(2)(A) and (c), is
amended by inserting after subsection (f) the following:
‘‘(g) ADDITIONAL PROVISIONS.—
‘‘(1) COLLECTION AND REPORTING OF PARTICI-
PATION INFORMATION.—Each State shall—
‘‘(A) collect and submit to the Secretary, in
a format specified by the Secretary, information
on average monthly enrollment and average
monthly participation rates for adults and chil-
dren under this section; and
‘‘(B) make such information publicly avail-
able.
Such information shall be submitted under subpara-
graph (A) at the same time and frequency in which
other enrollment information under this title is sub-
mitted to the Secretary. Using such information, the
Secretary shall submit to Congress annual reports
concerning such rates.’’.
256
(e) COORDINATION OF WORK.—Section 1925(g) (42
U.S.C. 1396r–6(g)), as added by subsection (d), is amended
by adding at the end the following new paragraph:
‘‘(2) COORDINATION WITH ADMINISTRATION FOR
CHILDREN AND FAMILIES.—The Administrator of the
Centers for Medicare & Medicaid Services, in car-
rying out this section, shall work with the Assistant
Secretary for the Administration for Children and
Families to develop guidance or other technical assist-
ance for States regarding best practices in guaran-
teeing access to transitional medical assistance under
this section.’’.
(f) ELIMINATION OF TMA REQUIREMENT FOR STATES
THAT EXTEND COVERAGE TO CHILDREN AND PARENTS
THROUGH 185 PERCENT OF POVERTY.—
(1) IN
GENERAL.—Section 1925 (42 U.S.C.
1396r–6) is further amended by inserting after sub-
section (g), as added by subsection (d), the following:
‘‘(h) PROVISIONS OPTIONAL FOR STATES THAT EX-
TEND COVERAGE TO CHILDREN AND PARENTS THROUGH
185 PERCENT OF POVERTY.—A State may meet (but is not
required to meet) the requirements of subsections (a) and
(b) if it provides for medical assistance under section 1931
to families (including both children and caretaker relatives)
the average gross monthly earning of which (less such costs
257
for such child care as is necessary for the employment of
a caretaker relative) is at or below a level that is at least
185 percent of the official poverty line (as defined by the
Office of Management and Budget, and revised annually
in accordance with section 673(2) of the Omnibus Budget
Reconciliation Act of 1981) applicable to a family of the
size involved.’’.
(2) CONFORMING
AMENDMENTS.—Section 1925
(42 U.S.C. 1396r–6) is further amended, in sub-
sections (a)(1) and (b)(1), by inserting ‘‘, but subject
to subsection (h),’’ after ‘‘Notwithstanding any other
provision of this title,’’ each place it appears.
(g) REQUIREMENT OF NOTICE FOR ALL FAMILIES
LOSING TANF.—Subsection (a)(2) of section 1925 (42
U.S.C. 1396r–6) is amended by adding at the end the fol-
lowing flush sentences:
‘‘Each State shall provide, to families whose aid
under part A or E of title IV has terminated but
whose eligibility for medical assistance under this
title continues, written notice of their ongoing eligi-
bility for such medical assistance. If a State makes a
determination that any member of a family whose aid
under part A or E of title IV is being terminated is
also no longer eligible for medical assistance under
this title, the notice of such determination shall be
258
supplemented by a 1-page notification form describ-
ing the different ways in which individuals and fami-
lies may qualify for such medical assistance and ex-
plaining that individuals and families do not have to
be receiving aid under part A or E of title IV in
order to qualify for such medical assistance. Such no-
tice shall further be supplemented by information on
how to apply for child health assistance under the
State children’s health insurance program under title
XXI and how to apply for medical assistance under
this title.’’.
(h) EXTENDING USE OF OUTSTATIONED WORKERS TO
ACCEPT APPLICATIONS FOR TRANSITIONAL MEDICAL AS-
SISTANCE.—Section 1902(a)(55) (42 U.S.C. 1396a(a)(55))
is amended by inserting ‘‘and under section 1931’’ after
‘‘(a)(10)(A)(ii)(IX)’’.
(i) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in this
subsection, the amendments made by this section shall
apply to calendar quarters beginning on or after Oc-
tober 1, 2002, without regard to whether or not final
regulations to carry out such amendments have been
promulgated by such date.
259
(2) NOTICE.—The amendment made by sub-
section (g) shall take effect 6 months after the date of
enactment of this Act.
(3) DELAY PERMITTED FOR STATE PLAN AMEND-
MENT.—In the case of a State plan for medical assist-
ance under title XIX of the Social Security Act which
the Secretary of Health and Human Services deter-
mines requires State legislation (other than legisla-
tion appropriating funds) in order for the plan to
meet the additional requirements imposed by the
amendments made by this section, the State plan
shall not be regarded as failing to comply with the re-
quirements of such title solely on the basis of its fail-
ure to meet these additional requirements before the
first day of the first calendar quarter beginning after
the close of the first regular session of the State legis-
lature that begins after the date of enactment of this
Act. For purposes of the previous sentence, in the case
of a State that has a 2-year legislative session, each
year of such session shall be deemed to be a separate
regular session of the State legislature.
260
SEC. 402. OPTIONAL COVERAGE OF LEGAL IMMIGRANTS
UNDER THE MEDICAID PROGRAM AND TITLE
XXI.
(a) MEDICAID PROGRAM.—Section 1903(v) (42 U.S.C.
1396b(v)) is amended—
(1) in paragraph (1), by striking ‘‘paragraph
(2)’’ and inserting ‘‘paragraphs (2) and (4)’’; and
(2) by adding at the end the following:
‘‘(4)(A) A State may elect (in a plan amendment
under this title) to provide medical assistance under this
title (including under a waiver authorized by the Sec-
retary), notwithstanding sections 401(a), 402(b), 403, and
421 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, for aliens who are lawfully re-
siding in the United States (including battered aliens de-
scribed in section 431(c) of such Act) and who are otherwise
eligible for such assistance, within any of the following eli-
gibility categories:
‘‘(i) PREGNANT WOMEN.—Women during preg-
nancy (and during the 60-day period beginning on
the last day of the pregnancy).
‘‘(ii) CHILDREN.—Children (as defined under
such plan), including optional targeted low-income
children described in section 1905(u)(2)(B).
‘‘(B) In the case of a State that has elected to provide
medical assistance to a category of aliens under subpara-
261
graph (A), no debt shall accrue under an affidavit of sup-
port against any sponsor of such an alien on the basis of
provision of assistance to such category and the cost of such
assistance shall not be considered as an unreimbursed
cost.’’.
(b) TITLE
XXI.—Section 2107(e)(1) (42 U.S.C.
1397gg(e)(1)) is amended by adding at the end the fol-
lowing:
‘‘(E) Section 1903(v)(4) (relating to op-
tional coverage of categories of lawful resident
alien pregnant women and children), but only
with respect to an eligibility category under this
title, if the same eligibility category has been
elected under such section for purposes of title
XIX.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section take effect on October 1, 2002, and apply to medical
assistance and child health assistance furnished on or after
such date, whether or not regulations implementing such
amendments have been issued.
262
SEC. 403. CLARIFICATION OF AUTHORITY OF STATES AND
LOCAL AUTHORITIES TO PROVIDE HEALTH
CARE TO IMMIGRANTS.
(a) IN GENERAL.—Section 411 of the Personal Re-
sponsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1621) is amended—
(1) in subsection (b)—
(A) by striking paragraphs (1) and (3); and
(B) by redesignating paragraphs (2) and
(4) as paragraphs (1) and (2), respectively; and
(2) in subsection (c)—
(A) in paragraph (1)—
(i) in the matter preceding subpara-
graph (A), by striking ‘‘(2) and (3)’’ and
inserting ‘‘(2), (3), and (4)’’; and
(ii) in subparagraph (B), by striking
‘‘health,’’; and
(B) by adding at the end the following new
paragraph
‘‘(4) Such term does not include any health ben-
efit for which payments or assistance are provided to
an individual, household, or family eligibility unit by
an agency of a State or local government or by ap-
propriated funds of a State or local government.’’.
263
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to health care furnished before, on,
or after the date of enactment of this Act.
SEC. 404. CLARIFICATION OF NO VERIFICATION REQUIRE-
MENT FOR NONPROFIT CHARITABLE ORGANI-
ZATIONS.
Section 432(d) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1642(d)) is amended—
(1) by striking ‘‘Subject to subsection (a), a’’ and
inserting ‘‘A’’;
(2) by striking ‘‘is not’’ and inserting ‘‘shall not
be’’; and
(3) by inserting ‘‘or under section 1137 of the
Social Security Act (42 U.S.C. 1320b–7)’’ after ‘‘this
title’’.
TITLE V—CHILD SUPPORT AND
CHILD WELFARE
SEC. 501. DISTRIBUTION OF CHILD SUPPORT COLLECTED
BY STATES.
(a) MODIFICATION OF RULE REQUIRING ASSIGNMENT
OF SUPPORT RIGHTS
AS
A CONDITION
OF RECEIVING
TANF.—Section 408(a)(3) (42 U.S.C. 608(a)(3)) is amend-
ed to read as follows:
264
‘‘(3) NO ASSISTANCE FOR FAMILIES NOT ASSIGN-
ING CERTAIN SUPPORT RIGHTS TO THE STATE.—A
State to which a grant is made under section 403
shall require, as a condition of paying assistance to
a family under the State program funded under this
part, that a member of the family assign to the State
any right the family member may have (on behalf of
the family member or of any other person for whom
the family member has applied for or is receiving
such assistance) to support from any other person,
not exceeding the total amount of assistance so paid
to the family, which accrues during the period that
the family receives assistance under the program.’’.
(b) INCREASING CHILD SUPPORT PAYMENTS TO FAMI-
LIES
AND SIMPLIFYING CHILD SUPPORT DISTRIBUTION
RULES.—
(1) DISTRIBUTION RULES.—
(A) IN
GENERAL.—Section 457(a) (42
U.S.C. 657(a)) is amended to read as follows:
‘‘(a) IN GENERAL.—Subject to subsections (e) and (f),
the amounts collected on behalf of a family as support by
a State pursuant to a plan approved under this part shall
be distributed as follows:
265
‘‘(1) FAMILIES RECEIVING ASSISTANCE.—In the
case of a family receiving assistance from the State,
the State shall—
‘‘(A) pay to the Federal Government the
Federal share of the amount collected, subject to
paragraph (3)(A);
‘‘(B) retain, or pay to the family, the State
share of the amount collected, subject to para-
graph (3)(B); and
‘‘(C) pay to the family any remaining
amount.
‘‘(2) FAMILIES THAT FORMERLY RECEIVED AS-
SISTANCE.—In the case of a family that formerly re-
ceived assistance from the State:
‘‘(A) CURRENT
SUPPORT.—To the extent
that the amount collected does not exceed the cur-
rent support amount, the State shall pay the
amount to the family.
‘‘(B) ARREARAGES.—Except as otherwise
provided in an election made under section
454(34), to the extent that the amount collected
exceeds the current support amount, the State—
‘‘(i) shall first pay to the family the
excess amount, to the extent necessary to
266
satisfy support arrearages not assigned pur-
suant to section 408(a)(3);
‘‘(ii) if the amount collected exceeds the
amount required to be paid to the family
under clause (i), shall—
‘‘(I) pay to the Federal Govern-
ment, the Federal share of the excess
amount described in this clause, subject
to paragraph (3)(A); and
‘‘(II) retain, or pay to the family,
the State share of the excess amount
described in this clause, subject to
paragraph (3)(B); and
‘‘(iii) shall pay to the family any re-
maining amount.
‘‘(3) LIMITATIONS.—
‘‘(A) 
FEDERAL
REIMBURSEMENTS.—The
total of the amounts paid by the State to the
Federal Government under paragraphs (1) and
(2) of this subsection with respect to a family
shall not exceed the Federal share of the amount
assigned with respect to the family pursuant to
section 408(a)(3).
‘‘(B) STATE REIMBURSEMENTS.—The total
of the amounts retained by the State under para-
267
graphs (1) and (2) of this subsection with respect
to a family shall not exceed the State share of the
amount assigned with respect to the family pur-
suant to section 408(a)(3).
‘‘(4) FAMILIES THAT NEVER RECEIVED ASSIST-
ANCE.—In the case of any other family, the State
shall pay the amount collected to the family.
‘‘(5) FAMILIES UNDER CERTAIN AGREEMENTS.—
Notwithstanding paragraphs (1) through (3), in the
case of an amount collected for a family in accord-
ance with a cooperative agreement under section
454(33), the State shall distribute the amount col-
lected pursuant to the terms of the agreement.
‘‘(6) STATE FINANCING OPTIONS.—To the extent
that the State’s share of the amount payable to a fam-
ily pursuant to paragraph (2)(B) of this subsection
exceeds the amount that the State estimates (under
procedures approved by the Secretary) would have
been payable to the family pursuant to former section
457(a)(2)(B) (as in effect for the State immediately
before the date this subsection first applies to the
State) if such former section had remained in effect,
the State may elect to use the grant made to the State
under section 403(a) to pay the amount, or to have
268
the payment considered a qualified State expenditure
for purposes of section 409(a)(7)(B)(i), but not both.
‘‘(7) STATE OPTION TO PASS THROUGH ADDI-
TIONAL SUPPORT WITH FEDERAL COST-SHARING.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (2), a State shall not be required to pay
to the Federal Government the Federal share of
an amount collected on behalf of a family that
formerly received assistance under the State pro-
gram funded under part A, to the extent that the
State pays the amount to the family.
‘‘(B) RECIPIENTS OF TANF FOR LESS THAN
5 YEARS.—
‘‘(i) IN
GENERAL.—Notwithstanding
paragraph (1), a State shall not be required
to pay to the Federal Government the Fed-
eral share of an amount collected on behalf
of a family that is a recipient of assistance
under the State program funded under part
A and, if the family includes an adult, that
has received the assistance for not more
than 5 years after the date of enactment of
this paragraph, to the extent that—
‘‘(I) the State pays the amount to
the family; and
269
‘‘(II) subject to clause (ii), the
amount is disregarded in determining
the amount and type of the assistance
provided to the family.
‘‘(ii) LIMITATION.—Of the amount dis-
regarded as described in clause (i)(II), the
maximum amount that may be taken into
account for purposes of clause (i) shall not
exceed $400 per month, except that, in the
case of a family that includes 2 or more
children, the State may elect to increase the
maximum amount to not more than $600
per month.
‘‘(8) STATES WITH DEMONSTRATION WAIVERS.—
Notwithstanding the preceding paragraphs, a State
with a waiver under section 1115, effective on or be-
fore October 1, 1997, the terms of which allow pass-
through of child support payments, may pass through
payments in accordance with such terms with respect
to families subject to the waiver.’’.
(B) STATE PLAN TO INCLUDE ELECTION AS
TO WHICH RULES TO APPLY IN DISTRIBUTING
CHILD
SUPPORT
ARREARAGES
COLLECTED
ON
BEHALF OF FAMILIES FORMERLY RECEIVING AS-
270
SISTANCE.—Section 454 (42 U.S.C. 654) is
amended—
(i) by striking ‘‘and’’ at the end of
paragraph (32);
(ii) by striking the period at the end of
paragraph (33) and inserting ‘‘; and’’; and
(iii) by inserting after paragraph (33)
the following:
‘‘(34) include an election by the State to apply
section 457(a)(2)(B) of this Act or former section
457(a)(2)(B) of this Act (as in effect for the State im-
mediately before the date this paragraph first applies
to the State) to the distribution of the amounts which
are the subject of such sections, and for so long as the
State elects to so apply such former section, the
amendments made by subsection (e) of section 501 of
the Work, Opportunity, and Responsibility for Kids
Act of 2002 shall not apply with respect to the State,
notwithstanding subsection (f)(1) of such section
501.’’.
(C) APPROVAL
OF
ESTIMATION
PROCE-
DURES.—Not later than October 1, 2003, the
Secretary of Health and Human Services, in
consultation with the States (as defined for pur-
poses of part D of title IV of the Social Security
271
Act), shall establish the procedures to be used to
make the estimate described in section 457(a)(6)
of such Act.
(2) CURRENT SUPPORT AMOUNT DEFINED.—Sec-
tion 457(c) (42 U.S.C. 657(c)) is amended by adding
at the end the following:
‘‘(5) CURRENT
SUPPORT
AMOUNT.—The term
‘current support amount’ means, with respect to
amounts collected as support on behalf of a family,
the amount designated as the monthly support obliga-
tion of the noncustodial parent in the order requiring
the support.’’.
(c) BAN ON RECOVERY OF MEDICAID COSTS FOR CER-
TAIN BIRTHS.—
(1) IN GENERAL.—Section 454 (42 U.S.C. 654)
as amended by subsection (b)(1)(B), is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (33);
(B) by striking the period at the end of
paragraph (34) and inserting ‘‘; and’’; and
(C) by inserting after paragraph (34) the
following:
‘‘(35) provide that the State shall not use the
State program operated under this part to collect any
amount owed to the State by reason of costs incurred
272
under the State plan approved under title XIX for the
birth of a child for whom support rights have been as-
signed pursuant to section 408(a)(3), 471(a)(17), or
1912.’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall take effect on October 1, 2004.
(d) STATE OPTION TO DISCONTINUE PRE-1997 SUP-
PORT ASSIGNMENTS.—Section 457(b) (42 U.S.C. 657(b)) is
amended by striking ‘‘shall’’ and inserting ‘‘may’’.
(e) CONFORMING AMENDMENTS.—Section 404(a) (42
U.S.C. 604(a)) is amended—
(1) by striking ‘‘or’’ at the end of paragraph (1);
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(3) to fund payment of an amount pursuant to
clause (i) or (ii) of section 457(a)(2)(B), but only to
the extent that the State properly elects under section
457(a)(6) to use the grant to fund the payment.’’.
(f) EFFECTIVE DATE.—
(1) IN
GENERAL.—The amendments made by
this section shall take effect on October 1, 2006, and
shall apply to payments under parts A and D of title
IV of the Social Security Act for calendar quarters be-
ginning on or after such date, and without regard to
273
whether regulations to implement such amendments
(in the case of State programs operated under such
part D) are promulgated by such date.
(2) STATE OPTION TO ACCELERATE EFFECTIVE
DATE.—A State may elect to have the amendments
made by this section apply to the State and to
amounts collected by the State, on and after such date
as the State may select that is after the date of enact-
ment of this Act and before October 1, 2006.
SEC. 502. MANDATORY REVIEW AND ADJUSTMENT OF
CHILD SUPPORT ORDERS FOR FAMILIES RE-
CEIVING TANF.
(a) IN
GENERAL.—Section 466(a)(10)(A)(i) (42
U.S.C. 666(a)(10)(A)(i)) is amended—
(1) by striking ‘‘parent, or,’’ and inserting ‘‘par-
ent or’’; and
(2) by striking ‘‘upon the request of the State
agency under the State plan or of either parent,’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2004.
SEC. 503. DECREASE IN AMOUNT OF CHILD SUPPORT AR-
REARAGE TRIGGERING PASSPORT DENIAL.
Section 452(k)(1) (42 U.S.C. 652(k)(1)) is amended by
striking ‘‘$5,000’’ and inserting ‘‘$2,500’’.
274
SEC. 504. USE OF TAX REFUND INTERCEPT PROGRAM TO
COLLECT PAST-DUE CHILD SUPPORT ON BE-
HALF OF CHILDREN WHO ARE NOT MINORS.
Section 464 (42 U.S.C. 664) is amended—
(1) in subsection (a)(2)(A), by striking ‘‘(as that
term is defined for purposes of this paragraph under
subsection (c))’’; and
(2) in subsection (c)—
(A) in paragraph (1)—
(i) by striking ‘‘(1) Except as provided
in paragraph (2), as used in’’ and inserting
‘‘In’’; and
(ii) by inserting ‘‘(whether or not a
minor)’’ after ‘‘a child’’ each place it ap-
pears; and
(B) by striking paragraphs (2) and (3).
SEC. 505. FINANCING REVIEW AND ADMINISTRATIVE FUND-
ING.
Section 455 (42 U.S.C. 655) is amended by adding
at the end the following:
‘‘(g)(1) In addition to any other payments made to
a State under this part, the Secretary shall pay each State
an amount determined in accordance with paragraph (2)
for fiscal year 2003 to carry out any of the following activi-
ties:
275
‘‘(A) To review State policies on collecting fees
under the State program operated under the State
plan approved under this part.
‘‘(B) To review the distribution options provided
under section 457(a) (as amended by section
501(b)(1)(A) of the Work, Opportunity, and Responsi-
bility for Kids Act of 2002), and, if a State elects
such options, to prepare for the implementation of the
options.
‘‘(C) To update automated systems to conform
with requirements of the State program operated
under the State plan approved under this part, in-
cluding as amended by the Work, Opportunity, and
Responsibility for Kids Act of 2002.
‘‘(D) To improve customer service under such
State program.
‘‘(E) To examine the causes of, and propose solu-
tions for, undistributed collections under such State
program.
‘‘(F) To examine the buildup of arrears and ap-
proaches to arrears management under such State
program.
‘‘(G) To develop approaches to improving inter-
state collections of child support obligations.
276
‘‘(H) To develop approaches to improving the
percentage of cases under such State program with an
established order for child support.
‘‘(I) To review the review and adjustment poli-
cies under such program and the State program fund-
ed under part A for families receiving assistance or
services under the State program funded under part
A.
‘‘(2)(A) Subject to subparagraph (B), the Secretary
shall determine the amount of each payment to a State
under this subsection for fiscal year 2003 based on the pro-
portion of cases under the State program operated under
the State plan approved under this part for the most recent
fiscal year for which data is available, as compared to all
such cases in all States for that fiscal year.
‘‘(B) No State shall receive a payment under this sub-
section for fiscal year 2003 that is less than $750,000.
‘‘(3) Out of any money in the Treasury of the United
States not otherwise appropriated, there is appropriated for
fiscal year 2003, $50,000,000 for making payments to
States under this subsection.’’.
SEC. 506. ADOPTION OF UNIFORM STATE LAWS.
(a) IN GENERAL.—Section 466(f) (42 U.S.C. 666(f))
is amended—
277
(1) by striking ‘‘January 1, 1998’’ and inserting
‘‘October 1, 2004’’; and
(2) by striking ‘‘August 22, 1996’’ and inserting
‘‘January 1, 2002’’.
(b) FULL FAITH AND CREDIT FOR CHILD SUPPORT
ORDERS.—Section 1738B of title 28, United States Code,
is amended—
(1) by striking subsection (d) and inserting the
following:
‘‘(d) CONTINUING EXCLUSIVE JURISDICTION.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), a
court of a State that has made a child support order
consistently with this section has continuing, exclu-
sive jurisdiction to modify its order if the order is the
controlling order and—
‘‘(A) the State is the child’s State or the res-
idence of any individual contestant; or
‘‘(B) if the State is not the residence of the
child or an individual contestant, the contestants
consent in a record or in open court that the
court may continue to exercise jurisdiction to
modify its order.
‘‘(2) REQUIREMENT.—A court may not exercise
its continuing, exclusive jurisdiction to modify the
order if the court of another State, acting in accord-
278
ance with subsections (e) and (f), has made a modi-
fication of the order.’’;
(2) in subsection (e)(2)—
(A) in subparagraph (A), by striking ‘‘be-
cause’’ and all that follows through the semicolon
and inserting ‘‘pursuant to paragraph (1) or (2)
of subsection (d);’’ and
(B) in subparagraph (B), by inserting
‘‘with jurisdiction over at least 1 of the indi-
vidual contestants or that is located in the
child’s State’’ after ‘‘another State’’;
(3) in subsection (f)—
(A) in the subsection heading, by striking
‘‘RECOGNITION OF’’ and inserting ‘‘DETERMINA-
TION OF CONTROLLING’’;
(B) in the matter preceding paragraph (1),
by striking ‘‘shall apply’’ and all that follows
through the colon and inserting ‘‘having personal
jurisdiction over both individual contestants
shall apply the following rules and by order shall
determine which order controls:’’
(C) in paragraph (1), by striking ‘‘must be’’
and inserting ‘‘controls and must be so’’;
(D) in paragraph (2), by striking ‘‘must be
recognized’’ and inserting ‘‘controls’’;
279
(E) in paragraph (3), by striking ‘‘must be
recognized’’ each place it appears and inserting
‘‘controls’’;
(F) in paragraph (4)—
(i) by striking ‘‘may’’ and inserting
‘‘shall’’; and
(ii) by striking ‘‘must be recognized’’
and inserting ‘‘controls’’; and
(G) by striking paragraph (5);
(4) by striking subsection (g) and inserting the
following:
‘‘(g) ENFORCEMENT
OF MODIFIED ORDERS.—If a
child support order issued by a court of a State is modified
by a court of another State which properly assumed juris-
diction, the issuing court—
‘‘(1) may enforce its order that was modified
only as to arrears and interest accruing before the
modification;
‘‘(2) may provide appropriate relief for viola-
tions of its order which occurred before the effective
date of the modification; and
‘‘(3) shall recognize the modifying order of the
other State for the purpose of enforcement.’’;
(5) in subsection (h)—
280
(A) in paragraph (1), by striking ‘‘and (3)’’
and inserting ‘‘, (3), and (4)’’;
(B) in paragraph (2), by inserting ‘‘the
computation and payment of arrearages, and the
accrual of interest on the arrearages,’’ after ‘‘ob-
ligations of support,’’; and
(C) by adding at the end the following:
‘‘(4) PROSPECTIVE APPLICATION.—After a court
determines which is the controlling order and issues
an order consolidating arrears, if any, a court shall
prospectively apply the law of the State issuing the
controlling order, including that State’s law with re-
spect to interest on arrears, current and future sup-
port, and consolidated arrears.’’; and
(6) in subsection (i), by inserting ‘‘and sub-
section (d)(2) does not apply’’ after ‘‘issuing State’’.
SEC. 507. TRIBAL CHILD SUPPORT ENFORCEMENT PRO-
GRAMS.
Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services shall
promulgate final regulations for making direct payments
to Indian tribes and tribal organizations under section
455(f) of the Social Security Act (42 U.S.C. 655(f)).
281
SEC. 508. REPORT ON UNDISTRIBUTED CHILD SUPPORT
PAYMENTS.
Not later than 6 months after the date of enactment
of this Act, the Secretary of Health and Human Services
shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance
of the Senate a report on the procedures that the States use
generally to locate custodial parents for whom child support
has been collected but not yet distributed. The report shall
include an estimate of the total amount of such undistrib-
uted child support and the average length of time it takes
for such child support to be distributed. To the extent the
Secretary deems appropriate, the Secretary shall include in
the report recommendations as to whether additional proce-
dures should be established at the Federal or State level to
expedite the payment of undistributed child support.
SEC. 509. USE OF NEW HIRE INFORMATION TO ASSIST IN
ADMINISTRATION OF UNEMPLOYMENT COM-
PENSATION PROGRAMS.
(a) IN GENERAL.—Section 453(j) (42 U.S.C. 653(j))
is amended by adding at the end the following:
‘‘(7) INFORMATION COMPARISONS AND DISCLO-
SURE TO ASSIST IN ADMINISTRATION OF UNEMPLOY-
MENT COMPENSATION PROGRAMS.—
‘‘(A) IN GENERAL.—If a State agency re-
sponsible for the administration of an unemploy-
282
ment compensation program under Federal or
State law transmits to the Secretary the name
and social security account number of an indi-
vidual, the Secretary shall, if the information in
the National Directory of New Hires indicates
that the individual may be employed, disclose to
the State agency the name, address, and em-
ployer identification number of any putative em-
ployer of the individual, subject to this para-
graph.
‘‘(B) CONDITION
ON
DISCLOSURE.—The
Secretary shall make a disclosure under subpara-
graph (A) only to the extent that the Secretary
determines that the disclosure would not interfere
with the effective operation of the program under
this part.
‘‘(C) USE OF INFORMATION.—A State agen-
cy may use information provided under this
paragraph only for purposes of administering a
program referred to in subparagraph (A).’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2002.
283
SEC. 510. ANNUAL REPORT ON PERFORMANCE OF STATE
CHILD SUPPORT PROGRAMS.
Beginning on January 1, 2003, and annually there-
after, the Secretary of Health and Human Services shall
submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the
Senate a report regarding the performance of State child
support programs funded under part D of title IV of the
Social Security Act (42 U.S.C. 651 et seq.).
SEC. 511. EXTENSION OF AUTHORITY TO APPROVE DEM-
ONSTRATION PROJECTS.
Section 1130(a)(2) (42 U.S.C. 1320a–9(a)(2)) is
amended by striking ‘‘2002’’ and inserting ‘‘2007’’.
SEC. 512. PROHIBITION OF LIMIT ON NUMBER OF WAIVERS
OR DEMONSTRATION PROJECTS THAT MAY
BE GRANTED TO A SINGLE STATE.
Section 1130 (42 U.S.C. 1320a–9) is amended by add-
ing at the end the following:
‘‘(h) NO LIMIT ON NUMBER OF WAIVERS GRANTED TO,
OR DEMONSTRATION PROJECTS THAT MAY BE CONDUCTED
BY, A SINGLE STATE.—The Secretary shall not impose any
limit on the number of waivers that may be granted to a
State, or the number of demonstration projects that a State
may be authorized to conduct, under this section.’’.
284
TITLE VI—TRIBAL ISSUES
SEC. 601. TRIBAL TANF PROGRAMS.
(a) FINDINGS.—Congress makes the following findings:
(1) The Federal Government bears a unique trust
responsibility for Indian tribes.
(2) Despite this responsibility, Indians remain
remarkably impoverished. According to the Bureau of
the Census, 25.9 percent of American Indians live in
poverty, more than twice the national poverty rate.
The average household income for Indians in 2000
was only 75 percent of that of the rest of Americans.
(3) In some States with substantial Indian pop-
ulations, the percentage of the welfare caseload that is
made up of Indians has increased since the enactment
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 because some Indians face
substantial barriers in their moving from welfare to
work.
(4) A General Accounting Office review of data
from the Bureau of the Census found that 25 of the
26 counties in the United States with a majority of
American Indians had poverty rates ‘‘significantly’’
higher than average.
(5) Many Indian tribes are located in isolated
rural areas that lack sufficient economic opportuni-
285
ties, including jobs and economic development, trans-
portation services, child care, and other services nec-
essary to ensure a successful transition from welfare
to work.
(6) Tribal temporary assistance to needy fami-
lies programs have demonstrated remarkable success
in moving Indians from welfare to work.
(7) Tribal governments, unlike State govern-
ments, have not been afforded an opportunity to ad-
minister and fully participate in the Federal entitle-
ment program for foster care and adoption assistance,
a program Congress recognizes as an important com-
ponent of welfare services.
(8) Welfare reform has not brought enough
change to Indian Country. Welfare reform has not,
and will not, succeed unless it adequately addresses
the unique barriers many Indians face in moving
from welfare to work.
(b) FUNDING FOR TRIBAL TANF PROGRAMS.—
(1) REAUTHORIZATION OF TRIBAL FAMILY AS-
SISTANCE GRANTS.—Section 412(a)(1)(A) (42 U.S.C.
612(a)(1)(A)) is amended by striking ‘‘1997’’ and all
that follows through ‘‘2002’’ and inserting ‘‘2003
through 2007’’.
287
ative agreement under section 479B(c)
and that meet the requirements of
clause (ii)(III).
‘‘(ii) PRIORITIES
FOR
AWARDING
OF
GRANTS.—The Secretary shall give priority
in awarding grants under this subpara-
graph as follows:
‘‘(I) First, for grants to Indian
tribes that have applied for approval of
a tribal family assistance plan, that
have not operated such a plan as of the
date of enactment of the Work, Oppor-
tunity, and Responsibility for Kids Act
of 2002 that will have such plan ap-
proved, and that include in the plan
submission provisions for tribal human
services program infrastructure im-
provement (as so defined) and related
management 
information 
systems
training.
‘‘(II) Second, for Indian tribes
with an approved tribal family assist-
ance plan that are not described in
subclause (I) and that submit an ad-
dendum to such plan that includes pro-
288
visions for tribal human services pro-
gram infrastructure improvement that
includes implementing or improving
management information systems of
the tribe (including management infor-
mation systems training), as such sys-
tems relate to the operation of the trib-
al family assistance plan.
‘‘(III) Third, for Indian tribes
that have applied for approval of a fos-
ter care and adoption assistance pro-
gram under section 479B or that plan
to enter into, or have in place, a trib-
al-State cooperative agreement under
section 479B(c) and that include in the
plan submission under section 471 (or
in an addendum to such plan) provi-
sions for tribal human services pro-
gram infrastructure improvement (as
so defined) and related management
information systems training.
‘‘(iii) OTHER
REQUIREMENTS
FOR
AWARDING
GRANTS.—In awarding grants
under this subparagraph, the Secretary—
289
‘‘(I) may not award an Indian
tribe more than 1 grant under this
subparagraph per fiscal year;
‘‘(II) shall award grants in such a
manner as to maximize the number of
Indian tribes that receive grants under
this subparagraph; and
‘‘(III) shall consult with Indian
tribes located throughout the United
States.
‘‘(iv) APPLICATION.—An Indian tribe
desiring a grant under this subparagraph
shall submit an application to the Sec-
retary, at such time, in such manner, and
containing such information as the Sec-
retary may require.
‘‘(v) DEFINITION OF HUMAN SERVICES
PROGRAM
INFRASTRUCTURE
IMPROVE-
MENT.—In this subparagraph, the term
‘human services program infrastructure im-
provement’ includes (but is not limited to)
improvement of management information
systems, management information systems-
related training, equipping offices, and ren-
ovating, but not constructing, buildings, as
290
described in an application for a grant
under this subparagraph, and subject to ap-
proval by the Secretary.
‘‘(B) TRIBAL DEVELOPMENT GRANTS.—
‘‘(i) IN GENERAL.—Of the amount ap-
propriated under subparagraph (D) for the
period of fiscal years 2003 through 2006,
$35,000,000 shall be used by the Secretary
to award, through the Commissioner of the
Administration 
for 
Native 
Americans,
grants to nonprofit organizations, Indian
tribes, and tribal organizations to enable
such organizations and tribes to provide
technical assistance to Indian tribes and
tribal organizations in any or all of the fol-
lowing areas:
‘‘(I) The development and im-
provement 
of 
uniform 
commercial
codes.
‘‘(II) The creation or expansion of
small business or microenterprise pro-
grams.
‘‘(III) The development and im-
provement of tort liability codes.
291
‘‘(IV) The creation or expansion
of tribal marketing efforts.
‘‘(V) The creation or expansion of
for-profit collaborative business net-
works.
‘‘(VI) The development of innova-
tive uses of telecommunications to as-
sist with distance learning or telecom-
muting.
‘‘(VII) The development of eco-
nomic opportunities and job creation
in areas of high joblessness in Alaska
(as 
defined 
in 
section
408(a)(7)(D)(ii)).
‘‘(ii) REQUIREMENTS.—
‘‘(I) IN
GENERAL.—At least an
amount equal to 10 percent of the total
amount of grants awarded under this
subparagraph shall be awarded to
carry out clause (i)(VII).
‘‘(II) CONSULTATION.—In award-
ing grants under this subparagraph
the Secretary shall consult with other
Federal agencies with expertise in the
areas described in clause (i).
292
‘‘(iii) APPLICATION.—A nonprofit or-
ganization, Indian tribe, or tribal organiza-
tion desiring a grant under this subpara-
graph shall submit an application to the
Secretary at such time, in such manner,
and containing such information as the
Secretary may require.
‘‘(C) TECHNICAL ASSISTANCE.—
‘‘(i) IN GENERAL.—Of the amount ap-
propriated under subparagraph (D) for the
period of fiscal years 2003 through 2006,
$5,000,000 shall be used by the Secretary
for making grants, or entering into con-
tracts, to provide technical assistance to In-
dian tribes—
‘‘(I) in applying for or carrying
out a grant made under this para-
graph;
‘‘(II) in applying for or carrying
out a tribal family assistance plan
under this section; or
‘‘(III) related to best practices
and approaches for State and tribal
coordination on the transfer of the ad-
293
ministration of social services pro-
grams to Indian tribes.
‘‘(ii) RESERVATION
OF
FUNDS.—Not
less than—
‘‘(I) $2,500,000 of the amount de-
scribed in clause (i) shall be used by
the Secretary to support, through
grants or contracts, peer-learning pro-
grams among tribal administrators;
and
‘‘(II) $1,000,000 of such amount
shall be used by the Secretary for mak-
ing grants to Indian tribes to conduct
feasibility studies of the capacity of In-
dian tribes to operate tribal family as-
sistance plans under this part.
‘‘(D) APPROPRIATION.—Out of any money
in the Treasury of the United States not other-
wise 
appropriated, 
there 
is 
appropriated
$75,000,000 for the period of fiscal years 2003
through 2006 to carry out this paragraph.
Amounts appropriated under this subparagraph
shall remain available until expended.’’.
294
(3) CONFORMING AMENDMENT.—Section 405(a)
(42 U.S.C. 605(a)) is amended by striking ‘‘section
403’’ and inserting ‘‘sections 403 and 412(a)(2)(C)’’.
(c) ELIGIBILITY FOR CONTINGENCY FUND.—
(1) IN GENERAL.—Section 403(b)(1) (42 U.S.C.
603(b)(3)), as amended by section 102(a)(1), is
amended—
(A) in subparagraph (A), by striking ‘‘sub-
paragraph (C)’’ and inserting ‘‘subparagraphs
(C) and (D)’’;
(B) by redesignating subparagraphs (D)
and (E) as subparagraphs (E) and (F), respec-
tively; and
(C) by inserting after subparagraph (C), the
following:
‘‘(D) PAYMENTS TO INDIAN TRIBES.—
‘‘(i) 
IN
GENERAL.—Of 
the 
total
amount appropriated pursuant to subpara-
graph (F), $25,000,000 of such amount
shall be reserved for making payments to
Indian tribes with approved tribal family
assistance plans that are operating in situ-
ations of increased economic hardship.
‘‘(ii) DETERMINATION
OF
CRITERIA
FOR TRIBAL ACCESS.—
295
‘‘(I) IN
GENERAL.—Subject to
subclause (II), the Secretary, in con-
sultation with Indian tribes with ap-
proved tribal family assistance plans,
shall determine the criteria for access
by Indian tribes to the amount re-
served under clause (i).
‘‘(II) INCLUSION OF CERTAIN FAC-
TORS.—Such criteria shall include fac-
tors related to increases in unemploy-
ment and loss of employers.
‘‘(iii) APPLICATION OF REQUIREMENTS
FOR PAYMENTS TO STATES.—The Secretary,
in consultation with Indian tribes with ap-
proved tribal family assistance plans lo-
cated throughout the United States, shall
determine the extent to which requirements
of States for payments from the contingency
fund established under this subsection shall
apply to Indian tribes receiving payments
under this subparagraph.’’.
(2) 
CONFORMING
AMENDMENTS.—Section
403(b)(1)(B) (42 U.S.C. 603(b)(1)(B)), as so amend-
ed, is further amended—
296
(A) in the matter preceding clause (i), by
striking ‘‘subparagraph (D)(i)’’ and inserting
‘‘subparagraph (E)(i)’’;
(B) in clause (i), by striking ‘‘subparagraph
(D)(ii)’’ and inserting ‘‘subparagraph (E)(ii)’’;
and
(C) in clause (ii), by striking ‘‘subpara-
graph (D)(iii)’’ and inserting ‘‘subparagraph
(E)(iii)’’.
(d) TRIBAL JOB TRAINING PROGRAMS.—
(1) 
TRIBAL
EMPLOYMENT
SERVICES
PRO-
GRAMS.—
(A) IN
GENERAL.—Section 412(a) (42
U.S.C. 612(a)), as amended by subsection (b)(2),
is amended by adding at the end the following:
‘‘(4) GRANTS FOR TRIBAL EMPLOYMENT SERV-
ICES PROGRAMS.—
‘‘(A) PURPOSE.—The purpose of this para-
graph is to support comprehensive services to en-
able eligible beneficiaries to support themselves
through employment without requiring cash ben-
efits from public assistance programs for them-
selves or their families.
‘‘(B) STATEMENT
OF
POLICY.—The pro-
grams funded under grants made under this
297
paragraph shall be administered in a manner
consistent with the principles of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450 et seq.) and the government-to-gov-
ernment relationship between the Federal Gov-
ernment and Indian tribal governments.
‘‘(C) DEFINITIONS.—In this paragraph:
‘‘(i) ALASKA NATIVE ORGANIZATION.—
The term ‘Alaska Native organization’ has
the meaning given the term ‘Indian tribe’
with respect to the State of Alaska in sec-
tion 419(4)(B).
‘‘(ii) DEPARTMENT.—Unless otherwise
specified, the term ‘Department’ means the
Department of Labor.
‘‘(iii) ELIGIBLE
BENEFICIARY.— The
term ‘eligible beneficiary’ means—
‘‘(I) an individual who is an In-
dian or Alaska Native receiving or eli-
gible to receive cash benefits for the in-
dividual or the individual’s family
under the State program funded under
this part, a tribal family assistance
program under this section, or the
General Assistance program;
298
‘‘(II) an individual who is an In-
dian or Alaska Native transitioning
from receipt of cash benefits under any
such programs to employment;
‘‘(III) an individual who is an
Indian or Alaska Native with a history
of long-term dependence (as defined in
clause (v)) on cash benefits under any
such programs or under the aid for
families with dependent children pro-
gram under this part (as in effect be-
fore August 22, 1996);
‘‘(IV) an individual who is an In-
dian or Alaska Native who is a non-
custodial parent of a minor child re-
ceiving, eligible to receive, or with a
history of receiving cash benefits under
any such programs, or an individual
who has an obligation to provide sup-
port for such children; or
‘‘(V) an individual who is an In-
dian or Alaska Native and is a mem-
ber of a family who is at risk of becom-
ing dependent on cash benefits under
any such programs or who has ex-