[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2484 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2484

 To amend part A of title IV of the Social Security Act to reauthorize 
  and improve the operation of temporary assistance to needy families 
      programs operated by Indian tribes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2002

 Mr. Baucus (for himself, Mr. Johnson, and Mr. Daschle) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
 To amend part A of title IV of the Social Security Act to reauthorize 
  and improve the operation of temporary assistance to needy families 
      programs operated by Indian tribes, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``American Indian 
Welfare Reform Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Funding for tribal TANF programs.
Sec. 4. Economic development.
Sec. 5. Tribal job training programs.
Sec. 6. Child care and development block grant funds for Indian tribes.
Sec. 7. Equitable access.
Sec. 8. Areas of Indian country or Alaskan Native villages of high 
                            joblessness.
Sec. 9. Parity in treatment of Alaskan Natives.
Sec. 10. Authority of Indian tribes to receive Federal funds for foster 
                            care and adoption assistance.
Sec. 11. Authority for Indian tribes to determine eligibility for the 
                            food stamp, medicaid, and State children's 
                            health insurance programs.
Sec. 12. Tribal child support enforcement programs.
Sec. 13. Reservation of funds under the Social Services Block Grant.
Sec. 14. Research on tribal welfare programs and poverty among Indians.
Sec. 15. Faith-based initiative.
Sec. 16. Effective date.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Federal Government bears a unique trust 
        responsibility for American Indians.
            (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 populations, the 
        percentage of the welfare caseload that is made up of Indians 
        has increased because it has been harder for Indians to leave 
        welfare for 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, 
        far from economic opportunity.
            (6) Welfare reform has not brought enough change to Indian 
        Country.

SEC. 3. FUNDING FOR TRIBAL TANF PROGRAMS.

    (a) Reauthorization of Tribal Family Assistance Grants.--Section 
412(a)(1)(A) of the Social Security Act (42 U.S.C. 612(a)(1)(A)) is 
amended by striking ``1997'' and all that follows through ``2002'' and 
inserting ``2003 through 2007''.
    (b) Tribal TANF Improvement Fund.--
            (1) In general.--Section 412(a) of the Social Security Act 
        (42 U.S.C. 612(a)) is amended by striking paragraph (2) and 
        inserting the following:
            ``(2) Tribal tanf improvement grants.--
                    ``(A) Tribal capacity grants.--
                            ``(i) In general.--Of the amount 
                        appropriated under subparagraph (E) for the 
                        period of fiscal years 2003 through 2007, 
                        $225,000,000 of such amount shall be used by 
                        the Secretary to award grants for tribal human 
                        services program infrastructure improvement (as 
                        defined in clause (v)) to--
                                    ``(I) Indian tribes that have 
                                applied for approval of a tribal family 
                                assistance plan and that meet the 
                                requirements of clause (ii)(I);
                                    ``(II) Indian tribes with an 
                                approved tribal family assistance plan 
                                and that meet the requirements of 
                                clause (ii)(II); and
                                    ``(III) Indian tribes that have 
                                elected to operate a foster care and 
                                adoption assistance program under 
                                section 479B 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 subparagraph 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 
                                American Indian Welfare Reform Act, 
                                that will have such plan approved, and 
                                that include in the plan submission 
                                provisions for tribal human services 
                                program infrastructure improvement (as 
                                so defined) and related management 
                                information systems training.
                                    ``(II) Second, for Indian tribes 
                                with an approved tribal family 
                                assistance plan that are not described 
                                in subclause (I) and that submit an 
                                addendum to such plan that includes 
                                provisions for tribal human services 
                                program infrastructure improvement that 
                                includes implementing or improving 
                                management information systems of the 
                                tribe (including management information 
                                systems training), as such systems 
                                relate to the operation of the tribal 
                                family assistance plan.
                                    ``(III) Third, for Indian tribes 
                                that have elected to operate a foster 
                                care and adoption assistance program 
                                under section 479B and that include in 
                                the plan submission under section 471 
                                (or in an addendum to such 
plan) provisions for tribal human services program 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--
                                    ``(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 Secretary, at such 
                        time, in such manner, and containing such 
                        information as the Secretary may require.
                            ``(v) Definition of human services program 
                        infrastructure improvement.--In this 
                        subparagraph, the term `human services program 
                        infrastructure improvement' includes (but is 
                        not limited to) improvement of management 
                        information systems, management information 
                        systems-related training, equipping offices, 
                        and renovating, but not constructing, 
                        buildings, as described in an application for a 
                        grant under this subparagraph, and subject to 
                        approval by the Secretary.
                    ``(B) Adjusted tribal tanf grants.--
                            ``(i) In general.--Of the amount 
                        appropriated under subparagraph (E) for the 
                        period of fiscal years 2004 through 2007, 
                        $140,000,000 of such amount shall by used by 
                        the Secretary to make supplemental grants for 
                        each of fiscal years 2004 through 2007 to each 
                        Indian tribe that--
                                    ``(I) has an approved tribal family 
                                assistance plan; and
                                    ``(II) demonstrates that the number 
                                of Indian families receiving cash 
                                assistance under the tribal family 
                                assistance plan as of the first quarter 
                                of the third year of the operation of 
                                such plan has increased by at least 20 
                                percent over such number for the first 
                                quarter of the first year of the 
                                operation of such plan.
                            ``(ii) Allocation of funds.--The Secretary, 
                        in consultation with Indian tribes with 
                        approved tribal family assistance plans, shall 
                        determine a formula for the allocation of 
                        $35,000,000 of the funds described in clause 
                        (i) for each fiscal year described in that 
                        clause in a manner that is proportionate to the 
                        size, service population, and percentage 
                        increase in the number of Indian families 
                        served by each Indian tribe eligible for an 
                        adjusted grant under this subparagraph for that 
                        fiscal year.
                    ``(C) Incentive grants to states that provide 
                maintenance of effort support to indian tribes.--
                            ``(i) In general.--Subject to clause (ii), 
                        of the amount appropriated under subparagraph 
                        (E), $30,000,000 of such amount for each of 
                        fiscal years 2004 through 2007 shall be used by 
                        the Secretary to pay a State an amount equal to 
                        30 percent of the total amount of qualified 
                        State expenditures (as defined in section 
                        409(a)(7)(B)(i)) incurred by the State for each 
                        such fiscal year for support of tribal family 
                        assistance plans.
                            ``(ii) Pro rata reductions.--If the amount 
                        available for making payments under clause (i) 
                        for a fiscal year is less than the total amount 
                        of payments otherwise required to be made under 
                        clause (i) for the fiscal year, then the amount 
                        otherwise payable to any State for the fiscal 
                        year under clause (i) shall be reduced by a 
                        percentage equal to the amount available 
                        divided by the total amount of payments 
                        required for that fiscal year.
                    ``(D) Technical assistance.--
                            ``(i) In general.--Of the amount 
                        appropriated under subparagraph (E) for the 
                        period of fiscal years 2003 through 2007, 
                        $15,000,000 shall be used by the Secretary to 
                        provide technical assistance to Indian tribes--
                                    ``(I) in applying for or carrying 
                                out a grant made under this paragraph;
                                    ``(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 
                                administration of social services 
                                programs to Indian tribes.
                            ``(ii) Reservation of funds.--Not less 
                        than--
                                    ``(I) $5,000,000 of the amount 
                                described in clause (i) shall be used 
                                by the Secretary to support through 
                                grants or contracts peer-learning 
                                programs among tribal administrators; 
                                and
                                    ``(II) $7,500,000 of such amount 
                                shall be used by the Secretary for 
                                making grants to Indian tribes to 
                                conduct feasibility studies of the 
                                capacity of Indian tribes to operate 
                                tribal family assistance plans under 
                                this part.
                    ``(E) Appropriation.--Out of any money in the 
                Treasury of the United States not otherwise 
                appropriated, there are appropriated $500,000,000 for 
                the period of fiscal years 2003 through 2007 to carry 
                out this paragraph. Amounts appropriated under this 
                subparagraph shall remain available until expended.''.
            (2) Conforming amendment.--Section 405(a) of the Social 
        Security Act (42 U.S.C. 605(a)) is amended by striking 
        ``section 403'' and inserting ``sections 403 and 
        412(a)(2)(C)''.
    (c) Eligibility for High Performance Bonus and Contingency Fund.--
            (1) Bonus to reward high performance.--
                    (A) Reauthorization of bonus.--Section 403(a)(4) of 
                the Social Security Act (42 U.S.C. 603(a)(4)) is 
                amended--
                            (i) in subparagraph (E)(i), by striking 
                        ``1999'' and all that follows through ``2003'' 
                        and inserting ``2004, 2005, 2006, 2007, and 
                        2008''; and
                            (ii) in subparagraph (F) by striking ``1999 
                        through 2003'' and inserting ``2004 through 
                        2008''.
                    (B) Reservation for distribution to indian 
                tribes.--Section 403(a)(4) of the Social Security Act 
                (42 U.S.C. 603(a)(4)) is amended--
                            (i) in subparagraph (A), by striking 
                        ``The'' and inserting ``Subject to subparagraph 
                        (G), the''; and
                            (ii) by adding at the end the following:
                    ``(G) Reservation of funds for distribution to 
                indian tribes.--
                            ``(i) In general.--Of the amount available 
                        for grants under this paragraph for a bonus 
                        year, the Secretary shall reserve an amount 
                        equal to 3 percent of such amount to make 
                        grants pursuant to this subparagraph to each 
                        Indian tribe with an approved tribal family 
                        assistance plan that is a high performing 
                        Indian tribe for that bonus year.
                            ``(ii) Criteria for determining tribal 
                        performance.--
                                    ``(I) In general.--Subject to 
                                subclause (II), the Secretary, in 
                                consultation with Indian tribes with 
                                approved tribal family assistance plans 
                                located throughout the United States, 
                                shall determine the criteria for 
                                determining which such tribes are high 
                                performing Indian tribes with respect 
                                to a bonus year.
                                    ``(II) Inclusion of certain 
                                factors.--Such criteria shall include 
                                factors related to the employment of 
                                recipients of assistance under a tribal 
                                family assistance plan and to moving 
                                such recipients to self-sufficiency.''.
            (2) Eligibility for contingency fund.--
                    (A) Reauthorization of contingency fund.--Section 
                403(b) of the Social Security Act (42 U.S.C. 603(b)), 
                as amended by section 617 of the Job Creation and 
                Worker Assistance Act of 2002 (Public Law 107-147), is 
                amended--
                            (i) in paragraph (2), by striking ``fiscal 
                        years 1997, 1998, 1999, 2000, 2001, and 2002'' 
                        and inserting ``the period of fiscal years 2003 
                        through 2007''; and
                            (ii) in paragraph (3)(C)(ii), by striking 
                        ``1997 through 2002'' and inserting ``2003 
                        through 2007''.
                    (B) Reservation of funds for tribal programs.--
                Section 403(b)(3) of the Social Security Act (42 U.S.C. 
                603(b)(3)) is amended by adding at the end the 
                following:
                    ``(D) Payments to indian tribes.--
                            ``(i) In general.--Of the total amount 
                        appropriated pursuant to paragraph (2), 
                        $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 situations of increased 
                        economic hardship.
                            ``(ii) Determination of criteria for tribal 
                        access.--
                                    ``(I) In general.--Subject to 
                                subclause (II), the Secretary, in 
                                consultation with Indian tribes with 
                                approved tribal family assistance 
                                plans, shall determine the criteria for 
                                access by Indian tribes to the amount 
                                reserved under clause (i).
                                    ``(II) Inclusion of certain 
                                factors.--Such criteria shall include 
                                factors related to increases in 
                                unemployment and loss of employers.
                            ``(iii) Application of requirements for 
                        payments to states.--The Secretary, in 
                        consultation with Indian tribes with approved 
                        tribal family assistance plans located 
                        throughout the United States, shall determine 
                        the extent to which requirements of States for 
                        payments from the Fund shall apply to Indian 
                        tribes receiving payments under this 
                        subparagraph.''.
            (3) Clarification of authority of states and indian tribes 
        to use tanf funds carried over from prior years to provide tanf 
        benefits and services.--Section 404(e) of the Social Security 
        Act (42 U.S.C. 604(e)) is amended--
                    (A) in the subsection heading, by striking 
                ``Assistance'' and inserting ``Benefits or Services''; 
                and
                    (B) by striking ``assistance'' and inserting ``any 
                benefit or service that may be provided''.

SEC. 4. ECONOMIC DEVELOPMENT.

    (a) Temporary Expansion of Authority for Indian Tribes To Issue 
Tax-Exempt Private Activity Bonds.--
            (1) In general.--Section 7871(c) of the Internal Revenue 
        Code of 1986 (relating to additional requirements for tax-
        exempt bonds) is amended by adding at the end the following new 
        paragraph:
            ``(4) Exception for qualified indian private activity 
        bonds.--
                    ``(A) In general.--In the case of any qualified 
                Indian private activity bond--
                            ``(i) paragraph (2) shall not apply,
                            ``(ii) such bond shall be treated as a 
                        qualified bond under section 141(e), and
                            ``(iii) section 146 shall not apply.
                    ``(B) Qualified indian private activity bond.--For 
                purposes of this paragraph, the term `qualified Indian 
                private activity bond' means any bond which--
                            ``(i) is issued by a qualified Indian 
                        tribal government--
                                    ``(I) as part of an issue 95 
                                percent or more of the net proceeds of 
                                which are to be used to provide 
                                qualified residential rental projects 
                                (as defined in section 142(d), except 
                                that for purposes of such section, 
                                statewide median gross income shall be 
                                used to determine tenant income),
                                    ``(II) as part of a qualified 
                                mortgage issue (as defined in section 
                                143(a)(2)),
                                    ``(III) as part of an issue 95 
                                percent or more of the net proceeds of 
                                which are to be used to provide any 
                                facility described in section 
                                1394(b)(1) for any business that would 
                                qualify as an enterprise zone business 
                                if the Indian reservation (as defined 
                                in section 168(j)(6)) over which the 
                                qualified Indian tribal government 
                                exercises general governmental 
                                authority were treated as an 
                                empowerment zone, or
                                    ``(IV) as part of an issue to be 
                                used for more than 1 of the purposes 
                                described in the preceding subclauses, 
                                and
                            ``(ii) meets the requirements of 
                        subparagraphs (D) and (E).
                    ``(C) Qualified indian tribal government.--For 
                purposes of this paragraph, the term `qualified Indian 
                tribal government' means an Indian tribal government 
                which exercises general governmental authority over an 
                Indian reservation (as so defined) with a joblessness 
                rate among members of the tribe of at least 20 percent 
                for the most recent calendar year preceding the 
                issuance of a bond under this section (as determined 
                under the report for such year published by the Bureau 
                of Indian Affairs under section 17(a) of the Indian 
                Employment, Training and Related Services Demonstration 
                Act of 1992 (25 U.S.C. 3416(a))).
                    ``(D) Designation requirements.--A bond meets the 
                requirements of this subparagraph if it is issued as 
                part of an issue designated as a qualified Indian 
                private activity bond for a purpose described in 
                subclause (I), (II), or (III) of subparagraph (B)(i) by 
                the qualified Indian tribal government.
                    ``(E) Volume requirements.--A bond issued as part 
                of an issue meets the requirements of this subparagraph 
                if such bond is issued after December 31, 2002, and 
                before January 1, 2008, and the aggregate face amount 
                of the bonds issued pursuant to such issue, when added 
                to the aggregate face amount of qualified Indian 
                private activity bonds previously issued by such 
                qualified Indian tribal government, does not exceed 
                $10,000,000 (excluding bonds issued under paragraph 
                (3)).
                    ``(F) Application of section 42 to residential 
                rental projects financed by bonds under this 
                paragraph.--In the case of bonds described in 
                subparagraph (B)(i)(I), issuance under the requirements 
                of subparagraph (E) shall be treated as issuance under 
                the requirements of section 146 for purposes of 
                determining the application of section 42 to projects 
                financed by the net proceeds of such bonds.
                    ``(G) Special rule for determining enterprise zone 
                business.--For purposes of subparagraph (B)(i)(III), an 
                enterprise zone business shall not include any facility 
                a principal business of which is the sale of tobacco 
                products or highway motor fuels.
                    ``(H) Bond interest not an amt preference item.--
                For purposes of section 57(a)(5), a bond designated 
                under subparagraph (D) as a qualified Indian private 
                activity bond shall not be treated as a specified 
                private activity bond.
                    ``(I) Report.--The Secretary shall compile 
                necessary data from reports relating to the issuance of 
                bonds under this paragraph and shall report to Congress 
                not later than September 30 of any year following the 
                calendar year in which Indian tribal governments issued 
                bonds under this paragraph and the activities for which 
                such bonds were issued.''.
            (2) Conforming amendments.--
                    (A) Section 7871(c)(2) of the Internal Revenue Code 
                of 1986 is amended by striking ``paragraph (3)'' and 
                inserting ``paragraphs (3) and (4)''.
                    (B) Section 7871 of such Code is amended--
                            (i) by striking clause (iii) of subsection 
                        (c)(3)(E), and
                            (ii) by adding at the end the following new 
                        subsection:
    ``(f) Net Proceeds.--For purposes of this section, the term `net 
proceeds' has the meaning given such term by section 150(a)(3).''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to bonds issued after December 31, 2002.
    (b) Tribal Development Grants.--
            (1) Authority to award grants.--
                    (A) In general.--The Secretary of Health and Human 
                Services (in this subsection referred to as the 
                ``Secretary''), through the Commissioner of the 
                Administration for Native Americans, shall award grants 
                to nonprofit organizations, Indian tribes, and tribal 
                organizations (as defined in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450b)) to enable such organizations and tribes 
                to provide technical assistance to Indian tribes and 
                tribal organizations in any or all of the following 
                areas:
                            (i) The development and improvement of 
                        uniform commercial codes.
                            (ii) The creation or expansion of small 
                        business or micro-enterprise programs.
                            (iii) The development and improvement of 
                        tort liability codes.
                            (iv) The creation or expansion of tribal 
                        marketing efforts.
                            (v) The creation or expansion of for-profit 
                        collaborative business networks.
                            (vi) The development of innovative uses of 
                        telecommunications to assist with distance 
                        learning or telecommuting.
                    (B) Requirements.--In awarding grants under this 
                subsection the Secretary shall consult with other 
                Federal agencies with expertise in the areas described 
                in subparagraph (A).
                    (C) Application.--A nonprofit organization, Indian 
                tribe, or tribal organization desiring a grant under 
                this subsection shall submit an application to the 
                Secretary at such time, in such manner, and containing 
                such information as the Secretary may require.
            (2) Appropriation.--Out of any money in the Treasury of the 
        United States not otherwise appropriated, there are 
        appropriated $50,000,000 for the period of fiscal years 2003 
        through 2007 to make the grants authorized under this 
        subsection.
    (c) Job Access and Reverse Commute Grants.--Section 3037 of the 
Transportation Equity Act for the 21st Century (49 U.S.C. 5309 note) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (4)--
                            (i) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(C) an Indian tribe or a tribal organization (as 
                defined in section 4 of the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450b)).''; and
                    (B) in paragraph (5), by inserting ``or tribal'' 
                after ``State'';
            (2) in subsection (c), by adding at the end the following:
            ``(3) Grants to indian tribes and tribal organizations.--
        The Secretary--
                    ``(A) may modify the requirements applicable to 
                grants made under this section in the case of a grant 
                made to a qualified entity described in subsection 
                (b)(4)(C); and
                    ``(B) shall, with respect to the nongovernmental 
                share of the total cost of an eligible project, permit 
                such share to be derived from Federal funds (other than 
                funds provided under this section) or in-kind 
                resources, fairly valued, including facilities, 
                equipment, or services.'';
            (3) in subsection (f), by striking ``In awarding'' and 
        inserting ``Subject to subsection (c)(3), in awarding''; and
            (4) in subsection (l)--
                    (A) in the matter preceding subparagraph (A) of 
                paragraph (3), by inserting ``(after the application of 
                paragraph (4))'' after ``fiscal year''; and
                    (B) by adding at the end the following:
            ``(4) Set-aside for grants to indian tribes and tribal 
        organizations.--Of the amounts made available by or 
        appropriated under paragraph (1) to carry out this section for 
        a fiscal year, not less than 3 percent of such amounts shall be 
        used to make grants to qualified entities described in 
        subsection (b)(4)(C).''.

SEC. 5. TRIBAL JOB TRAINING PROGRAMS.

    (a) Tribal Employment Services Programs.--
            (1) In general.--Section 412(a) of the Social Security Act 
        (42 U.S.C. 612(a)), as amended by section 3, is amended by 
        adding at the end the following:
            ``(4) Grants for tribal employment services programs.--
                    ``(A) Purpose.--The purpose of this paragraph is to 
                support comprehensive services to enable Indian and 
                Alaska Native individuals to support themselves through 
                employment without requiring cash benefits from public 
                assistance programs for themselves or their families.
                    ``(B) Statement of policy.--The programs funded 
                under grants made under this 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-government relationship between the 
                Federal Government and Indian tribal governments.
                    ``(C) Definitions.--In this paragraph:
                            ``(i) Alaska native organization.--The term 
                        `Alaska Native organization' means an Indian 
                        tribe or tribal organization in Alaska or an 
                        Alaska Native-controlled entity serving Alaska 
                        Natives at the Regional level (as Regions are 
                        defined for purposes of the Alaska Native 
                        Claims Settlement Act (43 U.S.C. 1601 et 
                        seq.)).
                            ``(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 
                                Indian or Alaska Native receiving or 
                                eligible to receive cash benefits for 
                                the individual 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;
                                    ``(II) an individual who is an 
                                Indian 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 (vi)) on cash benefits under any 
                                such programs or under the aid for 
                                families with dependent children 
                                program under this part (as in effect 
                                before August 22, 1996);
                                    ``(IV) an individual who is an 
                                Indian or Alaska Native who is a non-
                                custodial parent of a minor child 
                                receiving, eligible to receive, or with 
                                a history of receiving cash benefits 
                                under any such programs, or an 
                                individual who has an obligation to 
                                provide support for such children; or
                                    ``(V) an individual who is an 
                                Indian or Alaska Native and is a member 
                                of a family who is at risk of becoming 
                                dependent on cash benefits under any 
                                such programs or who has exhausted 
                                eligibility for such benefits because 
                                of the application of time limits on 
                                benefits.
                            ``(iv) General assistance.--The term 
                        `General Assistance' means the General 
                        Assistance program supported through the Bureau 
                        of Indian Affairs in the Department of the 
                        Interior.
                            ``(v) Indian tribe; tribal organization.--
                        The terms `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).
                            ``(vi) Long term dependence.--The term 
                        `long term dependence' means receipt of cash 
                        benefits under a program referred to in clause 
                        (ii)(III) for at least 24 months, which need 
                        not be consecutive.
                            ``(vii) Secretary.--Unless otherwise 
                        specified, the term `Secretary' means the 
                        Secretary of Labor.
                    ``(D) Authority to make grants.--
                            ``(i) Direct services.--The Secretary shall 
                        make grants to Indian tribes, tribal 
                        organizations, and Alaska Native organizations 
                        on the basis of a formula determined in 
                        accordance with subparagraph (H)(ii) to carry 
                        out the activities described in subparagraph 
                        (E).
                            ``(ii) Program support.--The Secretary 
                        shall, through grants or contracts with 
                        entities, or interagency agreements, carry out 
                        the activities described in subparagraph (F).
                            ``(iii) Appropriation.--
                                    ``(I) In general.--Out of any money 
                                in the Treasury of the United States 
                                not otherwise appropriated, there are 
                                appropriated $37,000,000 for each of 
                                fiscal years 2003 through 2007 to carry 
                                out this paragraph.
                                    ``(II) Reservation of funds for 
                                program support.--The Secretary may 
                                reserve an amount equal to not more 
                                than 1.5 percent of the amount 
                                appropriated under subclause (I) for a 
                                fiscal year to make grants or enter 
                                into contracts under clause (ii).
                    ``(E) Direct service activities.--
                            ``(i) In general.--A recipient of a grant 
                        made under subparagraph (D)(i) shall use the 
                        funds provided under the grant to provide any 
                        services which may be useful in preparing 
                        eligible beneficiaries to enter or reenter the 
                        workforce, to retain employment or to advance 
                        to positions which may enable the eligible 
                        beneficiary and the beneficiary's family to 
                        become economically self-sufficient.
                            ``(ii) Services permitted.--Services 
                        provided with funds made available under a 
                        grant made under subparagraph (D)(i) may 
                        include--
                                    ``(I) assessment;
                                    ``(II) education;
                                    ``(III) job readiness and 
                                placement;
                                    ``(IV) occupational training 
                                (including on-the-job training);
                                    ``(V) work experience;
                                    ``(VI) wage subsidies;
                                    ``(VII) job retention;
                                    ``(VIII) job creation specifically 
                                for eligible beneficiaries;
                                    ``(IX) case management;
                                    ``(X) counseling;
                                    ``(XI) supportive services, 
                                including (but not limited to) child 
                                care, transportation, mental health and 
                                substance abuse treatment and 
                                prevention services important to 
                                employability; and
                                    ``(XII) counseling and other 
                                services to promote marriage, 
                                discourage teen pregnancies, assist in 
                                the formation and stabilization of 2-
                                parent families, and address situations 
                                involving domestic violence.
                            ``(iii) Retention of eligibility for other 
                        services.--An eligible beneficiary who receives 
                        services through funds provided under a grant 
                        made under subparagraph (D)(i) shall not be 
                        precluded from receiving other services from 
                        any State, local or tribal government agency or 
                        any other entity.
                            ``(iv) Disregard.--Income or services 
                        received by an eligible beneficiary under this 
                        paragraph shall be disregarded for purposes of 
                        determining eligibility for benefits under any 
                        means-tested program for which the eligibility 
                        requirements are established under Federal law.
                    ``(F) Program support activities.--
                            ``(i) In general.--In order to improve the 
                        effectiveness of services provided by Indian 
                        tribes, tribal organizations, and Alaska Native 
                        organizations under grants made under this 
                        paragraph, the Secretary shall, through grants, 
                        contracts, or interagency agreements, support 
                        activities that--
                                    ``(I) enhance the capacity of 
                                Indian tribes, tribal organizations, 
                                and Alaska Native organizations under 
                                this section to deliver the services 
                                authorized under subparagraph (D); and
                                    ``(II) test or demonstrate new or 
                                improved methods of providing such 
                                services.
                            ``(ii) Preference.--In awarding grants or 
                        contracts under subparagraph (D)(ii) to carry 
                        out this subparagraph, the Secretary shall 
                        implement a preference policy consistent with 
                        the terms of section 7(b) of the Indian Self-
                        Determination and Education Assistance Act (25 
                        U.S.C. 450e(b)).
                    ``(G) Additional requirements.--
                            ``(i) Direct service activities.--
                                    ``(I) Authority to consolidate 
                                funds.--An Indian tribe, tribal 
                                organization, or Alaska Native 
                                organization receiving a grant under 
                                subparagraph (D)(i) may consolidate 
                                funds received under the grant with 
                                assistance received from other programs 
                                in accordance with the provisions of 
                                the Indian Employment, Training and 
                                Related Services Demonstration Act of 
                                1992 (25 U.S.C. 3401 et seq.) or the 
                                provisions of the Tribal Self-
                                Governance Act of 1994 (25 U.S.C. 458aa 
                                et seq.).
                                    ``(II) Option to exclude 
                                participants from determination of work 
                                participation rates.--A State, Indian 
                                tribe, or tribal organization may 
                                exclude individuals participating in a 
                                direct services program funded under a 
                                grant made under subparagraph (D)(i) 
                                for a month from the calculation of the 
                                work participation rate for the State 
                                or tribe for such month.
                            ``(ii) Applicable rules.--Any amount paid 
                        to an Indian tribe or tribal organization under 
                        this part that is used to carry out the 
                        activities described in subparagraph (E) or (F) 
                        shall not be subject to the requirements of 
                        this part, but shall be subject to the 
                        requirements specified in the regulations 
                        required under subparagraph (H)(iii), and the 
                        expenditure of any amount so used shall not be 
                        considered to be an expenditure under this 
                        part.
                            ``(iii) Availability of funds.--Funds 
                        provided to a recipient of a grant or contract 
                        under subparagraph (D)(ii) shall remain 
                        available for obligation for 2 succeeding 
                        fiscal years after the fiscal year in which the 
                        grant is made or the contract is entered into.
                    ``(H) Program administration.--
                            ``(i) Designation of office with primary 
                        responsibility.--The Secretary shall designate 
                        a single organizational unit within the 
                        Department that shall have as its primary 
responsibility the administration of the activities authorized under 
this paragraph and of any related Indian programs administered by the 
Department.
                            ``(ii) Consultation.--
                                    ``(I) In general.--The Secretary 
                                shall consult with Indian tribes and 
                                tribal organizations located throughout 
                                the United States and Alaska Native 
                                organizations on all aspects of the 
                                operation and administration of the 
                                activities authorized under this 
                                paragraph, including the promulgation 
                                of regulations, the design of a formula 
                                for the allocation of funds among 
                                Indian tribes, tribal organizations, 
                                and Alaska Native organizations, and 
                                the implementation of program support 
                                activities described in subparagraph 
                                (F).
                                    ``(II) Advisory committee.--The 
                                Secretary may utilize a broadly-based 
                                advisory committee whose members are 
                                nominated by Indian tribes, tribal 
                                organizations, and Alaska Native 
                                organizations as part of the 
                                consultation required under subclause 
                                (I), except that the consultation 
                                process shall not be limited to 
                                discussions with such committee.
                            ``(iii) Regulations.--The Secretary may 
                        issue regulations for the conduct of activities 
                        under this paragraph. All requirements imposed 
                        by such regulations, including reporting 
                        requirements, shall take into full 
                        consideration tribal circumstances and 
                        conditions.''.
            (2) Transition from other tanf indian employment 
        programs.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary of Health and Human Services shall provide 
                for an orderly close-out of activities under the work 
                program authorized in section 412(a)(2) of the Social 
                Security Act (42 U.S.C. 612(a)(2)) (commonly referred 
                to as ``the Native Employment Works program'' or the 
                ``NEW'' program) as such section is in effect on 
                September 30, 2002.
                    (B) Requirement.--In closing out the activities 
                referred to in subparagraph (A), the Secretary of 
                Health and Human Services shall provide that grantees 
                under a program referred to in that subparagraph shall 
                be permitted to provide services through June 30, 2003, 
                and shall be permitted to spend funds on administrative 
                activities related to the close-out of grants under 
                programs for up to 6 months after that date.
    (b) Application of Indian Employment, Training, and Related 
Services Demonstration Act of 1992.--Section 412(a)(4) of the Social 
Security Act (42 U.S.C. 612(a)), as added by subsection (a), is amended 
by adding at the end the following:
                    ``(I) Application of indian employment, training, 
                and related services demonstration act of 1992.--
                Notwithstanding any other provision of law, if an 
                Indian tribe elects to incorporate the services it 
                provides under this paragraph into a plan under section 
                6 of the Indian Employment, Training, and Related 
                Services Demonstration Act of 1992 (25 U.S.C. 3405), 
                the programs authorized to be conducted with grants 
                made under this paragraph shall be--
                            ``(i) considered to be programs subject to 
                        section 5 of the Indian Employment, Training, 
                        and Related Services Demonstration Act of 1992 
                        (25 U.S.C. 3404); and
                            ``(ii) subject to the single plan and 
                        single budget requirements of section 6 of that 
                        Act (25 U.S.C. 3405) and the single report 
                        format required under section 11 of that Act 
                        (25 U.S.C. 3410).''.

SEC. 6. CHILD CARE AND DEVELOPMENT BLOCK GRANT FUNDS FOR INDIAN TRIBES.

    (a) Increase in Reservation.--Section 658O(a)(2) of the Child Care 
and Development Block Grant Act of 1990 (42 U.S.C. 9858m(a)(2)) is 
amended by striking ``1 percent, and not more than 2 percent,'' and 
inserting ``5 percent''.
    (b) Payments for the Benefit of Indian Children.--
            (1) Health and safety standards.--Section 658O(c)(2) of the 
        Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
        9858m(c)(2)) is amended by adding at the end the following:
                    ``(D) Health and safety standards.--The applicant 
                will establish requirements designed to protect the 
                health and safety of children, which shall--
                            ``(i) be stated in the application; and
                            ``(ii) notwithstanding any other provision 
                        of law, including subparagraphs (F) and (G) of 
                        section 658E(c)(2), be the health and safety 
                        requirements applicable to child care providers 
                        that receive funds from the applicant to 
                        provide services under this subchapter.''.
            (2) Negotiated rulemaking.--Section 658O(c) of the Child 
        Care and Development Block Grant Act of 1990 (42 U.S.C. 
        9858m(c)) is amended--
                    (A) by redesignating paragraphs (4), (5), and (6) 
                as paragraphs (5), (6), and (7), respectively; and
                    (B) by inserting after paragraph (3) the following:
            ``(4) Negotiated rulemaking.--In determining the amounts of 
        the awards made to Indian tribes and tribal organizations under 
        this subsection, the Secretary shall conduct a negotiated 
        rulemaking. The Secretary shall include in the negotiated 
        rulemaking committee representatives of the Indian tribes and 
tribal organizations that the Secretary determines to be eligible to 
receive grants or contracts under this subsection. The Secretary shall 
conduct the negotiated rulemaking in accordance with subchapter III of 
chapter 5 of title 5, United States Code, as in effect on November 28, 
1996.''.
            (3) Construction or renovation.--Paragraph (7)(C) of 
        section 658O(c) of the Child Care and Development Block Grant 
        Act of 1990 (as redesignated in paragraph (2)(A)) is amended--
                    (A) by striking ``The'' and inserting the 
                following:
                            ``(i) In general.--Except as provided in 
                        clause (ii), the''; and
                    (B) by adding at the end the following:
                            ``(ii) Temporary decrease.--The Secretary 
                        may permit an Indian tribe or tribal 
                        organization to use amounts provided under this 
                        subsection for construction or renovation even 
                        if such use will result in a temporary decrease 
                        described in clause (i), if--
                                    ``(I) the Secretary determines that 
                                the construction or renovation will 
                                enable the tribe or organization to 
                                increase, in fiscal years subsequent to 
                                the year for which the determination 
                                under subparagraph (B) is made, the 
                                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 fiscal year for which the 
                                determination is made; and
                                    ``(II) the tribe or organization 
                                submits to the Secretary, and obtains 
                                approval of, a multi-year 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 domiciled in the State and 
                        is not eligible for assistance under a tribal 
                        family assistance plan approved under section 
                        412.''.
            (2) Tribal family assistance plan requirement.--Section 
        412(b)(1) of the Social Security 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 indians 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 following:
            ``(5) State specific information on the demographics and 
        caseload characteristics of Indians served by each State 
        program funded under this part.''.
                    (b) Conforming amendment.--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 paragraph (1) for a fiscal quarter shall 
        include information on the demographics and caseload 
        characteristics of Indians served by the State program during 
        the quarter.''.
    (b) Consultation Between States and Indian Tribes or Other Indians 
Residing on a Reservation.--
            (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 or services provided under 
                the plan for any member of such a tribe who is not 
                eligible for assistance under a tribal family 
                assistance plan approved 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 assistance 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 requirement.--Section 
        412(b)(1) of the Social Security Act (42 U.S.C. 612(b)(1)), as 
        amended by subsection (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 Indians Who Do Not Reside 
in Indian Country.--
            (1) In general.--The Secretary of Health and Human Services 
        shall convene an advisory committee 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 regarding how to ensure that Indians 
        who do not reside in Indian country (as so defined) receive 
        appropriate assistance under the temporary assistance 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 programs.
            (3) Membership.--
                    (A) In general.--The committee established under 
                paragraph (1) shall include representatives of--
                            (i) Federal, State, and tribal governments; 
                        and
                            (ii) Indians who do not reside in Indian 
                        country (as so defined).
                    (B) Majority.--A majority of the members 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 demographics 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, 2003, 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.--Section 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 ``unemployment'' and inserting 
        ``in areas of indian country or an alaskan native village with 
        high joblessness''; and
            (2) in clause (i)--
                    (A) by striking ``In'' and inserting ``Subject to 
                clause (ii), in''; and
                    (B) by striking ``50 percent'' and all that follows 
                through the period and inserting ``20 percent of the 
                adult recipients 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 Activities.--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 activities described in subsection (d) that a 
                recipient who resides in such an area and who is 
                participating in activities in accordance with an 
                individual 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 organization.--The 
        terms `Indian', `Indian tribe', and `tribal organization' have 
        the meaning 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 FEDERAL FUNDS FOR FOSTER 
              CARE AND ADOPTION ASSISTANCE.

    (a) Children Placed in Tribal Custody Eligible for Foster Care 
Funding.--Section 472(a)(2) of the Social Security Act (42 U.S.C. 
672(a)(2)) is amended--
            (1) by striking ``or (B)'' and inserting ``(B)''; and
            (2) by inserting before the semicolon the following: ``, or 
        (C) an Indian tribe or tribal organization (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) 
        submits to the Secretary a description of the arrangements 
        (jointly developed or developed in consultation with the State) 
        made by the Indian tribe, tribal organization, 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 Organizations.--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 ORGANIZATIONS.

    ``(a) Application.--Except as provided in subsection (b), this part 
shall apply to an Indian tribe or tribal 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 approval 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 accountability 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 
                        information.--An Indian tribe or tribal 
                        organization 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 information 
                        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 
                Indian tribe or tribal organization receive a lesser 
                proportion than the corresponding amount specified 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 payments for which the Indian tribe or 
                tribal organization is eligible under section 474.
            ``(3) Modification of other requirements.--Upon the request 
        of an Indian tribe, tribal organization, or a consortia of 
        tribes or tribal organizations, 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 consortium may develop 
        and submit a single plan under section 471 that meets the 
        requirements of this section.
    ``(c) Cooperative Agreements.--An Indian tribe, tribal 
organization, or intertribal consortium and a State may enter into a 
cooperative agreement for the administration or payment of funds 
pursuant to this part. In any case where an Indian tribe, tribal 
organization, or intertribal 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 agreement 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 full consultation 
with Indian tribes and tribal organizations, promulgate regulations to 
carry out this section.
    ``(e) Definitions of Indian Tribe; Tribal Organizations.--In this 
section, the terms `Indian tribe' and `tribal organization' have the 
meanings given those terms in subsections (e) and (l) of section 4 of 
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450b), respectively.''.
    (c) Effective Date.--The amendments made by this section take 
effect on the date of enactment of this Act without regard to 
regulations to implement such amendments being promulgated by such 
date.

SEC. 11. AUTHORITY FOR INDIAN TRIBES TO DETERMINE ELIGIBILITY FOR THE 
              FOOD STAMP, MEDICAID, AND STATE CHILDREN'S HEALTH 
              INSURANCE PROGRAMS.

    (a) Food Stamp Program.--Section 11 of the Food Stamp Act of 1977 
(7 U.S.C. 2020), as amended by section 4116(a) of the Farm Security and 
Rural Investment Act of 2002, is amended by adding at the end the 
following:
    ``(u) Authority of Indian Tribes To Certify Applicant Households.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, but subject to paragraph (2), an Indian tribe (as 
        defined in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b)) with an approved 
        tribal family assistance plan under part A of title IV of the 
        Social Security Act (42 U.S.C. 601 et seq.) (or the 
        participating Indian tribes of an intertribal consortium with 
        such an approved plan) may determine, in accordance with the 
        eligibility criteria of the food stamp program of the State (or 
        States) in which the Indian tribe (or intertribal consortium) 
        is located, the food stamp program eligibility of households 
        within the service population of such plan, without regard to 
        whether the Secretary has determined that a tribal organization 
        of the Indian tribe (or intertribal consortium) satisfies the 
        requirements for being a State agency under section 3(n)(2).
            ``(2) Responsibility for errors.--An Indian tribe (or 
        intertribal consortium) that determines the food stamp program 
        eligibility of households on a reservation of the Indian tribe 
        (or intertribal consortium) in accordance with paragraph (1) 
        shall be responsible for any errors in the determination of 
        such eligibility in the same manner as a State agency would be 
        responsible for any such errors, including with respect to any 
        penalties that would be imposed against a State agency for such 
        errors, unless the Indian tribe (or intertribal consortium) and 
        State agency otherwise responsible for making such 
        determinations enter into an agreement for the State agency to 
        assume such responsibility.''.
    (b) Medicaid Program.--Section 1902(a)(5) of the Social Security 
Act (42 U.S.C. 1396a(a)(5)) is amended by inserting ``, or by an Indian 
tribe (as defined in section 4 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b)) with an approved tribal 
family assistance plan under part A of title IV (or the participating 
Indian tribes of an intertribal consortium with such an approved plan) 
with respect to determinations of eligibility of individuals within the 
service population of such plan, in accordance with the eligibility 
criteria of the program under this title of the State (or States) in 
which the Indian tribe (or intertribal consortium) is located, and 
subject to such tribe (or intertribal consortium) being responsible for 
any errors in the determination of such eligibility in the same manner 
as a State agency would be responsible for any such errors, including 
with respect to any penalties that would be imposed against a State 
agency for such errors, unless the Indian tribe (or intertribal 
consortium) and State agency otherwise responsible for making such 
determinations enter into an agreement for the State agency to assume 
such responsibility'' before the semicolon.
    (c) SCHIP.--Section 2107 of the Social Security Act (42 U.S.C. 
1397gg) is amended by adding at the end the following:
    ``(f) Authority of Indian Tribes To Make Eligibility 
Determinations.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, but subject to paragraph (2), an Indian tribe (as 
        defined in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b)) with an approved 
        tribal family assistance plan under part A of title IV (or the 
        participating Indian tribes of an intertribal consortium with 
        such an approved plan) may determine the eligibility of 
        children who are within the service population of such plan for 
        child health assistance under the State program under this 
        title in accordance with the eligibility criteria under such 
        program of the State (or States) in which the Indian tribe (or 
        intertribal consortium) is located.
            ``(2) Responsibility for errors.--An Indian tribe (or 
        intertribal consortium) that determines the eligibility of 
        children for child health assistance in accordance with 
        paragraph (1) shall be responsible for any errors in the 
        determination of such eligibility in the same manner as a State 
        would be responsible for any such errors, including with 
        respect to any penalties that would be imposed against a State 
        for such errors, unless the Indian tribe (or intertribal 
        consortium) and State agency otherwise responsible for making 
        such determinations enter into an agreement for the State 
        agency to assume such responsibility.''.

SEC. 12. TRIBAL CHILD SUPPORT ENFORCEMENT PROGRAMS.

    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)).

SEC. 13. RESERVATION OF FUNDS UNDER THE SOCIAL SERVICES BLOCK GRANT.

    (a) Eligibility for Payments.--Section 2002 of the Social Security 
Act (42 U.S.C. 1397a) is amended by adding at the end the following:
    ``(g)(1) An Indian tribe or tribal organization (as such terms are 
defined in section 4 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b)) that administers a social services 
program shall be eligible for payment under this title for each fiscal 
year in which funds are reserved for such purposes under section 
2003(d), in an amount equal to the pro rata share of the amount 
available for such payments for such fiscal year.
    ``(2) The Secretary, in consultation with Indian tribes and tribal 
organizations (as so defined) located throughout the United States, 
shall determine the extent to which the requirements applicable to 
payments to States under this title shall apply to payments made to 
Indian tribes and tribal organizations under paragraph (1).''.
    (b) Reservation of Funds.--Section 2003 of the Social Security Act 
(42 U.S.C. 1397b) is amended--
            (1) in subsection (b)(2)--
                    (A) by striking ``the total amount'' and inserting 
                ``(A) the total amount'';
                    (B) by striking the period and inserting ``; and''; 
                and
                    (C) by adding at the end the following:
            ``(B) the amount reserved in subsection (d) for that fiscal 
        year.''; and
            (2) by adding at the end the following:
    ``(d)(1) For purposes of subsection (b)(2)(B), the amount reserved 
in this subsection is, with respect to any fiscal year in which the 
amount specified in subsection (c) exceeds $2,400,000,000, the amount 
in excess of such amount, not to exceed the sum of $10,000,000, plus 
the amount equal to 2 percent of the total amount in excess of 
$2,400,000,000.
    ``(2) The amount reserved under paragraph (1) shall be used to make 
payments to Indian tribes and tribal organizations described in section 
2002(g)(1).''.

SEC. 14. RESEARCH ON TRIBAL WELFARE PROGRAMS AND POVERTY AMONG INDIANS.

    Section 413 of the Social Security Act (42 U.S.C. 613) is amended 
by adding at the end the following:
    ``(k) Tribal Welfare Programs and Efforts To Reduce Poverty Among 
Indians.--
            ``(1) In general.--The Secretary, directly or through 
        grants, contracts, or interagency agreements, shall conduct 
        research on tribal family assistance programs conducted under 
        section 412 and other tribal welfare programs and on efforts to 
        reduce poverty among Indians.
            ``(2) Priority for certain applications.--With respect to 
        applications for grants under paragraph (1), the Secretary 
        shall give priority to applications to conduct research in 
        cooperation with tribal governments or tribally controlled 
        colleges or universities.
            ``(3) Appropriation.--Out of any money in the Treasury of 
        the United States not otherwise appropriated, there are 
        appropriated $2,000,000 for fiscal year 2003 for the purpose of 
        carrying out this subsection.''.

SEC. 15. FAITH-BASED INITIATIVE.

    (a) Advisory Committee.--The Secretary of Health and Human 
Services, through the Director of the Center for Faith-Based and 
Community Initiatives of the Department of Health and Human Services, 
shall convene an advisory committee of Indians expert in social 
services and the spiritual aspects of traditional Indian cultures.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the advisory committee convened under subsection (a) shall 
issue a report that includes best practices with respect to the 
delivery of social services in relation to the spiritual aspects of 
traditional Indian cultures for State and tribal administrators of 
temporary assistance to needy families programs under part A of title 
IV of the Social Security Act (42 U.S.C. 601 et seq.).

SEC. 16. EFFECTIVE DATE.

    Unless otherwise provided, the amendments made by this Act take 
effect on October 1, 2002.
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