S.Amdt. 2972

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) Tribal TANF Programs.--

   Inserted: (1) Findings.--Congress makes the following findings:

   Inserted: (A) The Federal Government bears a unique trust responsibility for Indian tribes.

   Inserted: (B) 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.

   Inserted: (C) In some States with substantial Indian populations, the percentage of the welfare caseload that is made up of Indians has increased since the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 because some Indians face substantial barriers in their moving from welfare to work.

   Inserted: (D) 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.

   Inserted: (E) Many Indian tribes are located in isolated rural areas that lack sufficient economic opportunities, including jobs and economic development, transportation services, child care, and other services necessary to ensure a successful transition from welfare to work.

   Inserted: (F) Tribal temporary assistance to needy families programs have demonstrated remarkable success in moving Indians from welfare to work.

   Inserted: (G) Tribal governments, unlike State governments, have not been afforded an opportunity to administer and fully participate in the Federal entitlement program for foster care and adoption assistance, a program Congress recognizes as an important component of welfare services.

   Inserted: (H) Welfare reform has not brought enough change to Indian Country. Welfare reform has not, and will not, succeed unless it adequately addresses the unique barriers many Indians face in moving from welfare to work.

   Inserted: (2) Funding for tribal tanf programs.--

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   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.--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 2008, $35,000,000 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:

   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;

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

   Inserted: "(III) shall consult with Indian tribes located throughout the United States.

   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) Tribal development grants.--

   Inserted: "(i) In general.--Of the amount appropriated under subparagraph (D) for the period of fiscal years 2005 through 2008, $35,000,000 shall be used by the Secretary to award, through the Commissioner of the Administration for Native Americans, grants to nonprofit organizations, Indian tribes, and tribal organizations to enable such organizations and tribes to provide technical assistance to Indian tribes and tribal organizations in any or all of the following areas:

   Inserted: "(I) The development and improvement of uniform commercial codes.

   Inserted: "(II) The creation or expansion of small business or microenterprise programs.

   Inserted: "(III) The development and improvement of tort liability codes.

   Inserted: "(IV) The creation or expansion of tribal marketing efforts.

   Inserted: "(V) The creation or expansion of for-profit collaborative business networks.

   Inserted: "(VI) The development of innovative uses of telecommunications to assist with distance learning or telecommuting.

   Inserted: "(VII) The development of economic opportunities and job creation in areas of high joblessness in Alaska (as defined in section 408(a)(7)(D)(ii)).

   Inserted: "(ii) Requirements.--

   Inserted: "(I) In general.--At least an amount equal to 10 percent of the total amount of grants awarded under this subparagraph shall be awarded to carry out clause (i)(VII).

   Inserted: "(II) Consultation.--In awarding grants under this subparagraph the Secretary shall consult with other Federal agencies with expertise in the areas described in clause (i).

   Inserted: "(iii) Application.--A nonprofit organization, Indian tribe, or tribal organization 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: "(C) Technical assistance.--

   Inserted: "(i) In general.--Of the amount appropriated under subparagraph (D) for the period of fiscal years 2005 through 2008, $5,000,000 shall be used by the Secretary for making grants, or entering into contracts, to provide technical assistance to Indian tribes--

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

   Inserted: "(II) in 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) $2,500,000 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) $1,000,000 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: "(D) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there is appropriated $75,000,000 for the period of fiscal years 2005 through 2008 to carry out this paragraph. Amounts appropriated under this subparagraph shall remain available until expended.".

   Inserted: (C) 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: (3) Eligibility for contingency fund.--

   Inserted: (A) In general.--Section 403(b)(1) (42 U.S.C. 603(b)(3)), as amended by section 102(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) Payments to indian tribes.--

   Inserted: "(i) In general.--Of the total amount appropriated pursuant to subparagraph (F), $25,000,000 of such amount shall be reserved for making payments to Indian tribes with approved tribal family assistance plans that are operating in 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 and loss of employers.

   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 contingency fund established under this subsection shall apply to Indian tribes receiving payments under this subparagraph.".

   Inserted: (B) Conforming amendments.--Section 403(b)(1)(B) (42 U.S.C. 603(b)(1)(B)), as so amended, is further amended--

   Inserted: (i) in the matter preceding clause (i), by striking "subparagraph (D)(i)" and inserting "subparagraph (E)(i)";

   Inserted: (ii) in clause (i), by striking "subparagraph (D)(ii)" and inserting "subparagraph (E)(ii)"; and

   Inserted: (iii) in clause (ii), by striking "subparagraph (D)(iii)" and inserting "subparagraph (E)(iii)".

   Inserted: (4) Tribal job training programs.--

   Inserted: (A) Tribal employment services programs.--

   Inserted: (i) In general.--Section 412(a) (42 U.S.C. 612(a)), as amended by paragraph (2)(B), is amended by adding at the end the following:

   Inserted: "(4) Grants for tribal employment services programs.--

   Inserted: "(A) Purpose.--The purpose of this paragraph is to support comprehensive services to enable eligible beneficiaries to support themselves through employment without requiring cash benefits from public assistance programs for themselves or their families.

   Inserted: "(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.

   Inserted: "(C) Definitions.--In this paragraph:

   Inserted: "(i) Alaska native organization.--The term 'Alaska Native organization' has the meaning given the term 'Indian tribe' with respect to the State of Alaska in section 419(4)(B).

   Inserted: "(ii) Department.--Unless otherwise specified, the term 'Department' means the Department of Labor.

   Inserted: "(iii) Eligible beneficiary.-- The term 'eligible beneficiary' means--

   Inserted: "(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;

   Inserted: "(II) an individual who is an Indian or Alaska Native transitioning from receipt of cash benefits under any such programs to employment;

   Inserted: "(III) an individual who is an Indian or Alaska Native with a history of long-term dependence (as defined in clause (v)) on cash benefits under any such programs or under the aid for families with dependent children program under this part (as in effect before August 22, 1996);

   Inserted: "(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

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(v) Long-term dependence.--The term 'long-term dependence' means receipt of cash benefits under a program referred to in clause (iii)(III) for at least 24 months, which need not be consecutive.

   Inserted: "(vi) Secretary.--Unless otherwise specified, the term 'Secretary' means the Secretary of Labor.

   Inserted: "(D) Authority to make grants.--

   Inserted: "(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).

   Inserted: "(ii) Program support.--The Secretary shall, through grants or contracts with entities, or interagency agreements, carry out the activities described in subparagraph (F).

   Inserted: "(iii) Appropriation.--

   Inserted: "(I) In general.--Out of any money in the Treasury of the United States not otherwise appropriated, there is appropriated $37,000,000 for each of fiscal years 2005 through 2009 to carry out this paragraph.

   Inserted: "(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).

   Inserted: "(E) Direct service activities.--

   Inserted: "(i) In general.--A recipient of a grant made under subparagraph (D)(i) shall use the funds provided under the grant to support 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.

   Inserted: "(ii) Services permitted.--Services provided with funds made available under a grant made under subparagraph (D)(i) may include--

   Inserted: "(I) assessment;

   Inserted: "(II) education;

   Inserted: "(III) job readiness and placement;

   Inserted: "(IV) occupational training (including on-the-job training);

   Inserted: "(V) work experience;

   Inserted: "(VI) wage subsidies;

   Inserted: "(VII) job retention;

   Inserted: "(VIII) job creation specifically for eligible beneficiaries;

   Inserted: "(IX) case management;

   Inserted: "(X) counseling;

   Inserted: "(XI) supportive services, including (but not limited to) child care, transportation, mental health and substance abuse treatment, and prevention services important to employability; and

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(F) Program support activities.--

   Inserted: "(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 support, through grants, contracts, or interagency agreements, activities that--

   Inserted: "(I) enhance the capacity of Indian tribes, tribal organizations, and Alaska Native organizations under this section to deliver the services authorized under subparagraph (E); and

   Inserted: "(II) test or demonstrate new or improved methods of providing such services.

   Inserted: "(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)).

   Inserted: "(G) Additional requirements.--

   Inserted: "(i) Direct service activities.--

   Inserted: "(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.).

   Inserted: "(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.

   Inserted: "(ii) Applicable rules.--Any amount paid to an Indian tribe, tribal organization, or Alaska Native 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.

   Inserted: "(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.

   Inserted: "(H) Program administration.--

   Inserted: "(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.

   Inserted: "(ii) Consultation.--

   Inserted: "(I) In general.--The Secretary shall consult with Indian tribes and tribal organizations eligible to administer activities authorized under this paragraph that are located throughout the United States on all aspects of the operation and administration of such activities, including the promulgation of regulations, the design of a formula for the allocation of funds among Indian tribes and tribal organizations, and the implementation of program support activities described in subparagraph (F).

   Inserted: "(II) Advisory committee.--The Secretary may utilize a broadly based advisory committee whose members are nominated by Indian tribes and tribal organizations eligible to administer activities authorized under this paragraph as part of the consultation required under subclause (I), except that the consultation process shall not be limited to discussions with such committee.

   Inserted: "(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.".

   Inserted: (ii) Transition from other tanf indian employment programs.--

   Inserted: (I) In general.--Subject to subclause (II), 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, 2003.

   Inserted: (ii) Requirement.--In closing out the activities referred to in clause (i), 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, 2005, 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.

   Inserted: (B) Application of indian employment, training, and related services demonstration act of 1992.--Section 412(a) (42 U.S.C. 612(a)), as amended by subparagraph (A)(i), is amended by adding at the end the following:

   Inserted: "(5) 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 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 grants made under this part shall be--

   Inserted: "(A) 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: "(B) 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).".

   Inserted: (5) Tribal family assistance plans.--

   Inserted: (A) Equitable access.--Section 412(b)(1) (42 U.S.C. 612(b)(1)), as amended by section 101(c), is amended--

   Inserted: (i) in subparagraph (F), by striking "and" at the end;

   Inserted: (ii) in subparagraph (G), by striking the period and inserting "; and"; and

   Inserted: (iii) by adding at the end the following:

   Inserted: "(H) 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.".

   Inserted: (B) Consultation between states and indian tribes or other indians residing on a reservation.--

   Inserted: (i) State plan requirement.--Section 402(a)(5) (42 U.S.C. 602(a)(5)) is amended to read as follows:

   Inserted: "(5) Certification that the state will provide indians with equitable access to assistance.--

   Inserted: "(A) In general.--A certification by the chief executive officer of the State that, during the fiscal year, the State will--

   Inserted: "(i) subject to subparagraph (B), consult with Indian tribes located within the State regarding the State plan in an effort 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

   Inserted: "(ii) 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.

   Inserted: "(B) Exception.--Clause (i) of subparagraph (A) shall not apply to the State of Alaska.".

   Inserted: (ii) Tribal family assistance plan requirement.--Section 412(b)(1) (42 U.S.C. 612(b)(1)), as amended by subparagraph (A), is amended--

   Inserted: (I) in subparagraph (G), by striking "and" at the end;

   Inserted: (II) in subparagraph (H), by striking the period and inserting "; and"; and

   Inserted: (III) by adding at the end the following:

   Inserted: "(I) 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.".

   Inserted: (C) Authority for certain tribes to operate a 6-year plan.--Section 412(b) (42 U.S.C. 612(b)) is amended by adding at the end the following:

   Inserted: "(4) Authority for certain tribes to operate a 6-year plan.--Notwithstanding paragraph (1), in the case of an Indian tribe that has operated an approved tribal family assistance plan for at least 9 years, the Secretary shall approve, at the request of such Indian tribe, a 6-year tribal family assistance plan submitted by such Indian tribe that otherwise satisfies the requirements of paragraph (1).".

   Inserted: (6) Areas with high joblessness.--Section 408(a)(7)(D) (42 U.S.C. 608(a)(7)(D)) is amended--

   Inserted: (A) 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

   Inserted: (B) in clause (i)--

   Inserted: (i) by striking "In" and inserting "Subject to clauses (ii) and (iii), in"; and

   Inserted: (ii) by striking "50 percent" and all that follows through the period and inserting "20 percent of the adults who were living in Indian country were jobless.";

   Inserted: (C) by redesignating clause (ii) as clause (iv); and

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

   Inserted: "(ii) Alaskan native village.--With respect to an Alaskan Native village, this subparagraph shall be applied--

   Inserted: "(I) in clause (i), by substituting '50 percent of the adults living in in the village were not employed' for '20 percent of the adults who were living in Indian country were jobless'; and

   Inserted: "(II) without regard to clause (iii).

   Inserted: "(iii) 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: (7) Advisory committee on the status of indians who do not reside in indian country.--

   Inserted: (A) 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).

   Inserted: (B) Duties.--The committee established under clause (i) 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.

   Inserted: (C) Membership.--

   Inserted: (i) In general.--The committee established under clause (i) shall include representatives of--

   Inserted: (I) Federal, State, and tribal governments; and

   Inserted: (II) Indians who do not reside in Indian country (as so defined).

   Inserted: (ii) Majority.--A majority of the members of such committee shall be representatives of Indians who do not reside in Indian country (as so defined).

   Inserted: (8) GAO study and report.--

   Inserted: (A) Study.--The Comptroller General of the United States shall conduct a study of the demographics of Indians who do not--

   Inserted: (i) reside in Indian country (as defined in section 1151 of title 18, United States Code);

   Inserted: (ii) reside in Alaska; or

   Inserted: (iii) receive assistance under a tribal family assistance plan under section 412 of the Social Security Act (42 U.S.C. 612).

   Inserted: (B) Requirement.--The study conducted under subparagraph (A) shall include economic and health information regarding the Indians described in that paragraph, as well as information regarding the access of all Indians to benefits or services available under non-tribal publicly funded programs serving low-income families.

   Inserted: (C) Report.--Not later than June 30, 2005, the Comptroller General shall submit to Congress a report on the study conducted under subparagraph (A).

   Inserted: (b) Authority of Indian Tribes to Receive Federal Funds for Foster Care and 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) Service area; standards.--

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

   Inserted: "(i) 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: "(ii) 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: "(B) Special rule.--With respect to an Indian tribe located in the State of Alaska--

   Inserted: "(i) clause (ii) of subparagraph (A) shall not apply; and

   Inserted: "(ii) the requirement of section 471(a)(10) shall apply to a plan submitted by such tribe.

   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 October 1, 2005, without regard to whether regulations to implement such amendments have been promulgated as of such date.

   Inserted: (c) Break the Cycle Demonstration Grants.--

   Inserted: (1) Authority to award grants.--

   Inserted: (A) In general.--The Secretary of Health and Human Services, in consultation with the Secretary of Education, shall award grants to up to 10 Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) to carry out the activities described in paragraph (2).

   Inserted: (B) Application.--An Indian tribe desiring a grant under this subsection shall submit--

   Inserted: (i) an application to the Secretary of Health and Human Services, at such time, in such manner, and containing such information as the Secretary may require; and

   Inserted: (ii) a plan outlining how the tribe intends to use funds made available under the grant to carry out activities described in paragraph (2) to help children of Indian families receiving 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.) (in this subsection referred to as "TANF") obtain a secondary school diploma or its recognized equivalent.

   Inserted: (C) Criteria for awarding grants.--

   Inserted: (i) Consultation with indian tribes.--The Secretary of Health and Human Services shall consult with Indian tribes regarding the establishment of criteria for awarding grants under this subsection.

   Inserted: (ii) Priority.--The criteria established under clause (i) shall require the Secretary of Health and Human Services to give priority to awarding grants to those Indian tribes applying that have the highest percentages of individuals that have not obtained a secondary school diploma or its recognized equivalent.

   Inserted: (D) State partnerships.--An Indian tribe awarded a grant under this subsection may enter into a partnership with a State, a local educational agency, or a private elementary or secondary school to carry out the activities described in paragraph (2).

   Inserted: (E) Definition of child.--In this subsection, the term "child" means an individual who has not attained age 21.

   Inserted: (2) Activities described.--The activities described in this paragraph include--

   Inserted: (A) mentoring activities;

   Inserted: (B) tutoring activities;

   Inserted: (C) adjusting requirements applicable to the child or family under TANF;

   Inserted: (D) teen pregnancy prevention activities; and

   Inserted: (E) any other activities approved by the Secretary of Health and Human Services that are related to achieving the purpose described in paragraph (1)(B)(ii).

   Inserted: (3) Evaluation and report.--

   Inserted: (A) In general.--Of the amount appropriated under paragraph (4) for fiscal year 2006, $1,000,000 shall be reserved by the Secretary of Health and Human Services for the purpose of conducting, through grant, contract, or interagency agreement, an evaluation of the activities carried out under grants awarded under this subsection.

   Inserted: (B) Report.--The Secretary of Health and Human Services shall submit a report to Congress on the evaluation conducted under subparagraph (A).

   Inserted: (4) Authorization of appropriations.--There are authorized to be appropriated to the Secretary of Health and Human Services to carry out this subsection, $20,000,000 for each of fiscal years 2006 through 2009.

   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