[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4858 Introduced in House (IH)]







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 of any benefits 
     of the member or household, under various means-tested public 
                          assistance programs.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Elders Assistance 
Act''.

SEC. 2. DISREGARD OF CERTAIN PAYMENTS BY INDIAN TRIBES TO TRIBAL ELDERS 
              UNDER VARIOUS MEANS-TESTED PUBLIC ASSISTANCE PROGRAMS.

    (a) In General.--Notwithstanding any other provision of law--
            (1) the first $5,000 of income of an Indian tribe (as 
        defined in section 419(4) of the Social Security Act) received 
        in any calendar year by a member of the tribe who has attained 
        50 years of age shall not be considered income or resources in 
        determining 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 approved 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 provided with 
        assistance made available under the emergency food and shelter 
        grants program under subtitle 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 allowances 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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