S.Amdt. 2962

1. Rewrites page 236, line 21 through page 239, line 8

   ReplacesPrinted page

   Removes page 236, line 21 through page 239, line 8 of the printed bill. See that page

   Inserted: SEC. 113. DIRECT FUNDING AND ADMINISTRATION BY INDIAN TRIBES.

   Inserted: (a) Reauthorization of Tribal Family Assistance Grants.--Section 412(a)(1)(A) (42 U.S.C. 612(a)(1)(A)), as amended by section 3(h) of the Welfare Reform Extension Act of 2003, is amended by striking "1997, 1998, 1999, 2000, 2001, 2002, and 2003" and inserting "2005 through 2009".

   Inserted: (b) Tribal TANF Improvement Fund.--

   Inserted: (1) Tribal tanf improvement grants.--

   Inserted: (A) In general.--Section 412(a) (42 U.S.C. 612(a)) is amended by striking paragraph (2) and inserting the following:

   Inserted: "(2) Tribal tanf improvement grants.--

   Inserted: "(A) Tribal capacity grants.--

   Inserted: "(i) In general.--Of the amount appropriated under subparagraph (D) for the period of fiscal years 2005 through 2009, $185,000,000 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--

   Inserted: "(I) Indian tribes that have applied for approval of a tribal family assistance plan and that meet the requirements of clause (ii)(I);

   Inserted: "(II) Indian tribes with an approved tribal family assistance plan and that meet the requirements of clause (ii)(II); and

   Inserted: "(III) Indian tribes that have applied for approval of a foster care and adoption assistance program under section 479B or that plan to enter into, or have in place, a tribal-State cooperative agreement under section 479B(c) and that meet the requirements of clause (ii)(III).

   Inserted: "(ii) Priorities for awarding of grants.--The Secretary shall give priority in awarding grants under this subparagraph as follows:

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   Inserted: "(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 Personal Responsibility and Individual Development for Everyone 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.

   Inserted: "(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.

   Inserted: "(III) Third, for Indian tribes that have applied for approval of a foster care and adoption assistance program under section 479B or that plan to enter into, or have in place, a tribal-State cooperative agreement under section 479B(c) 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.

   Inserted: "(iii) Other requirements for awarding grants.--In awarding grants under this subparagraph, the Secretary--

   Inserted: "(I) may not award an Indian tribe more than 1 grant under this subparagraph per fiscal year; and

   Inserted: "(II) shall award grants in such a manner as to maximize the number of Indian tribes that receive grants under this subparagraph.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(B) Adjusted tribal tanf grants for increased caseloads.--

   Inserted: "(i) In general.--Of the amount appropriated under subparagraph (E) for the period of fiscal years 2005 through 2009, $140,000,000 of such amount shall be used by the Secretary to make supplemental grants for each of fiscal years 2005 through 2009 to each Indian tribe that--

   Inserted: "(I) has an approved tribal family assistance plan; and

   Inserted: "(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.

   Inserted: "(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. If the amount available for allocation for a fiscal year is less than the total amount of funds requested for allocation among the Indian tribes for that fiscal year, the Secretary shall allocate the funds among such tribes on a pro rata basis.

   Inserted: "(C) Maintenance of effort payments.--

   Inserted: "(i) In general.--Subject to clause (ii), of the amount appropriated under subparagraph (E), $40,000,000 of such amount for each of fiscal years 2005 through 2009 shall be used by the Secretary to pay a State an amount equal to 50 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.

   Inserted: "(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.

   Inserted: "(D) Technical assistance for indian tribes.--

   Inserted: "(i) In general.--Of the amount appropriated under subparagraph (E) for the period of fiscal years 2005 through 2009, $15,000,000 shall be used by the Secretary to provide technical assistance to Indian tribes--

   Inserted: "(I) considering applying for or carrying out a grant made under this paragraph;

   Inserted: "(II) considering applying for or carrying out a tribal family assistance plan under this section; or

   Inserted: "(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.

   Inserted: "(ii) Reservation of funds.--Not less than--

   Inserted: "(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

   Inserted: "(II) $5,000,000 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.

   Inserted: "(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 2005 through 2009 to carry out this paragraph. Amounts appropriated under this subparagraph shall remain available until expended.".

   Inserted: (B) 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)".

   Inserted: (2) Eligibility for bonus to reward employment achievement; contingency fund.--

   Inserted: (A) Bonus to reward employment achievement.--Section 403(a)(4)(G) (42 U.S.C. 603(a)(4)(G)), as amended by section 105, is amended to read as follows:

   Inserted: "(G) Reservation of funds for distribution to indian tribes.--

   Inserted: "(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.

   Inserted: "(ii) Criteria for determining tribal performance.--

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: (B) Eligibility for contingency fund.--Section 403(b)(1) (42 U.S.C. 603(b)(3)), as amended by section 106(a)(1), is amended--

   Inserted: (i) in subparagraph (A), by striking "subparagraph (C)" and inserting "subparagraphs (C) and (D)";

   Inserted: (ii) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and

   Inserted: (iii) by inserting after subparagraph (C), the following:

   Inserted: "(D) Increased economic hardship payments to indian tribes.--

   Inserted: "(i) In general.--Of the total amount appropriated pursuant to paragraph (2), $50,000,000 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.

   Inserted: "(ii) Determination of criteria for tribal access.--

   Inserted: "(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).

   Inserted: "(II) Inclusion of certain factors.--Such criteria shall include factors related to increases in unemployment, loss of employers, and loss of qualified State expenditures (as defined in section 409(a)(7)(B)(i)) in support of tribal family assistance plans.

   Inserted: "(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.".

   Inserted: (c) High Joblessness On Native Lands.--Section 408(a)(7)(D) (42 U.S.C. 608(a)(7)(D)) is amended--

   Inserted: (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";

   Inserted: (2) by striking clause (i) and inserting the following:

   Inserted: "(i) In general.--Subject to clause (ii), in determining the number of months for which an adult has received assistance under a State or tribal program funded under this part, the State or tribe shall disregard any month during which the adult lived in Indian country or an Alaskan Native village if the most reliable data available (or such other data submitted by a State or tribal program as the Secretary may approve) with respect to the month (or a period including the month) indicate that at least 20 percent of the adult recipients who were living in Indian country or in the village were jobless.";

   Inserted: (3) by redesignating clause (ii) as clause (iii); and

   Inserted: (4) by inserting after clause (i), the following:

   Inserted: "(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.".

   Inserted: (d) Native Foster Care; Adoption Assistance.--

   Inserted: (1) Children placed in tribal custody eligible for foster care funding.--Section 472(a)(2) (42 U.S.C. 672(a)(2)) is amended--

   Inserted: (A) by striking "or (B)" and inserting "(B)"; and

   Inserted: (B) 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".

   Inserted: (2) Programs operated by indian tribal organizations.--Part E of title IV (42 U.S.C. 670 et seq.) is amended by adding at the end the following:

   Inserted: "SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS.

   Inserted: "(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.

   Inserted: "(b) Modification of Plan Requirements.--

   Inserted: "(1) In general.--In the case of an Indian tribe or tribal organization submitting a plan for approval under section 471, the plan shall--

   Inserted: "(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

   Inserted: "(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.

   Inserted: "(2) Determination of federal share.--

   Inserted: "(A) Per capita income.--

   Inserted: "(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).

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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, except that, with respect to the State of Alaska, the term 'Indian tribe' has the meaning given that term in section 419(4)(B).".

   Inserted: (3) Effective date.--The amendments made by this subsection take effect on the date of enactment of this Act.

   Inserted: (e) Clarification of Application of Indian Employment, Training and Related Services Demonstration Act of 1992.--Section 412 (42 U.S.C.612), as amended by section 108(b)(2), is amended by adding at the end the following:

   Inserted: "(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 using funds made available under this part 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 such funds shall be--

   Inserted: "(1) 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

   Inserted: "(2) subject to the single plan and single budget requirements of section 6 of that Act (25 U.S.C. 3505) and the single report format required under section 11 of that Act (25 U.S.C. 3410).".

   Inserted: (f) Job Creation on Native Lands.--

   Inserted: (1) Diagnostic and development funds.--

   Inserted: (A) Economic diagnostic studies.--

   Inserted: (i) Establishment.--There is established within the Administration for Native Americans within the Department of Health and Human Services, a fund to be known as the "Native American Economies Diagnostic Studies Fund" (referred to in this paragraph as the "Diagnostic Fund"), to be used to strengthen Indian tribal economies by supporting investment policy reforms and technical assistance to eligible Indian tribes.

   Inserted: (ii) Use of amounts from diagnostic fund.--

   Inserted: (I) In general.--An Indian tribe may amounts in the Diagnostic Fund to establish an interdisciplinary mechanism by which the tribe may--

   Inserted: (aa) conduct diagnostic studies of the tribe's economy; and

   Inserted: (bb) provide for reforms in the policy, legal, regulatory, and investment areas and general economic environment of the tribe.

   Inserted: (iii) Conditions for studies.--A diagnostic study conducted by an Indian tribe under clause (ii) shall, at a minimum, identify inhibitors to greater levels of private sector investment and job creation with respect to the Indian tribe.

   Inserted: (iv) Expenditures from diagnostic fund.--

   Inserted: (I) In general.--Subject to subclause (II), on request by an Indian tribe, the Administrator of the Administration for Native Americans within the Department of Health and Human Services shall transfer from the Diagnostic Fund to the tribe such amounts as are necessary to carry out this subparagraph.

   Inserted: (II) Administrative expenses.--An amount not exceeding 10 percent of the amounts in the Diagnostic Fund shall be available in each fiscal year to pay the administrative expenses necessary to carry out this subparagraph.

   Inserted: (B) Native american economic development fund.--

   Inserted: (i) Establishment.--There is established within the Administration for Native Americans within the Department of Health and Human Services, a fund to be known as the "Native American Economic Development Fund" (referred to in this paragraph as the "Economic Fund").

   Inserted: (ii) Use of amounts from economic fund.--An Indian tribe shall be eligible to use amounts in the Economic Fund to ensure that Federal development assistance and other resources dedicated to Native American economic development are provided only to Native American communities with demonstrated commitments to--

   Inserted: (I) sound economic and political policies;

   Inserted: (II) good governance; and

   Inserted: (III) practices that promote increased levels of economic growth and job creation.

   Inserted: (C) Appropriations.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for each of fiscal years 2005 through 2009--

   Inserted: (i) $5,000,000 to the Diagnostic Fund; and

   Inserted: (ii) $5,000,000 to the Economic Fund.

   Inserted: (2) Tax-exempt bond finance authority.--

   Inserted: (A) In general.--Paragraph (1) of section 7871(c) (relating to Indian tribal governments treated as States for certain purposes) is amended to read as follows:

   Inserted: "(1) In general.--Subsection (a) of section 103 shall apply to any obligation issued by an Indian tribal government (or subdivision thereof) only if--

   Inserted: "(A) such obligation--

   Inserted: "(i) is part of an issue 95 percent or more of the net proceeds of which are to be used to finance any facility located on an Indian reservation, and

   Inserted: "(ii) is issued before January 1, 2014, or

   Inserted: "(B) such obligation is part of an issue substantially all of the proceeds of which are to be used in the exercise of any essential governmental function.".

   Inserted: (B) Special rules and definitions.--Subsection (c) of section 7871 is amended by inserting at the end the following new paragraph:

   Inserted: "(4) Special rules and definitions.--

   Inserted: "(A) Exclusion of gaming.--An obligation described in subparagraph (A) or (B) of paragraph (1) may not be used to finance any portion of a building in which class II or III gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2702)) is conducted or housed.

   Inserted: "(B) Indian reservation.--For purposes of this subsection, the term 'Indian reservation' means--

   Inserted: "(i) a reservation, as defined in section 4(10) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903(10)), and

   Inserted: "(ii) lands held under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) by a Native corporation as defined in section 3(m) of such Act (43 U.S.C. 1602(m)).".

   Inserted: (3) Indian employment tax credit.--Section 45A(f) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking "December 31, 2004" and inserting "December 31, 2014".

   Inserted: (4) Accelerated depreciation allowance.--Section 168(j)(8) of such Code (relating to termination) is amended by striking "December 31, 2004" and inserting "December 31, 2014".

   Original wording

   Beginning on page 236, strike line 21 and all that follows through page 239, line 8, and insert the following:

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As printed