I. WELFARE REFORM PROGRAM

The NCAI Welfare Reform Program was formed in 1996, after the passage of Pub. L. 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), as a result of NCAI Resolutions passed at the Annual Convention in Phoenix. The purpose of the program is to disseminate information and advocate for tribal interests in welfare reform on behalf of Indian communities. Since 1996, the program has drafted and submitted to Congress proposed amendments to PRWORA as well as facilitated multiple national forums on the impact of welfare reform on Indian Country. Recent activities include:

By facilitating substantive dialogues between tribal leaders and state, as well as federal, representatives, NCAI works with tribes to take pro-active measures based on informed decisions to implement welfare reform. The sweeping changes brought about by welfare reform will affect all tribes, regardless of their existing economic infrastructure and relationship with respective states.

II. WELFARE REFORM TASK FORCE

III. SOCIAL SERVICES LEGISLATIVE UPDATE

Welfare Reform - On March 15, 1999, the Senate Committee on Indian Affairs (SCIA) held a briefing for new members of Congress to address the Implementation of Welfare Reform in Indian Country. The SCIA also held an oversight hearing on Implementation of Welfare Reform in Indian Country on April 14, 1999, where NCAI President W. Ron Allen provided testimony. President Allen used this opportunity to provide members of Congress with an overview of how welfare reform policies treat tribal governments inequitably in comparison to state governments and to illustrate how welfare reform policies affect Indian tribes differently than the majority of state citizens. Because of the issues raised in these proceedings, the SCIA and other members of Congress are considering a number of technical amendments to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193). However, rather than a stand-alone bill, it may be more likely that separate issue-related amendments will be added to relevant bills as they are introduced in Congress.

Welfare-to-Work Reauthorization - On April 20, 1999, Representative Benjamin Cardin (D-MD), at the request of the Administration, introduced H.R. 1482, the Welfare-to-Work Reauthorization Amendments of 1999. The bill calls for a one year reauthorization of the Welfare-to-Work program, applicable in FY2000, along with simplified eligibility requirement and increased tribal program funding. It also serves noncustodial parents faced with barriers to employment, and whose children are long term welfare recipients. Senator Daniel Akaka (D-HI) introduced a companion bill, S. 1317, on July 1, 1999. To date, Republican sponsorship in neither the House nor the Senate has been made official. Tribes are urged to support this important legislation. For further information on the bill, including a sample letter of support, please contact the Indian and Native American Employment and Training Coalition at (202) 342-0594, ext. #329.

Title IV-E Foster Care Assistance - On May 13, 1999, Representative Nancy Johnson (R-CT) introduced H.R. 1802, the Foster Care Independence Act of 1999. This bill and its companion bill, S. 1327, introduced on July 1, 1999 by Senator John Chaffe (R-RI), would amend Part E of Title IV of the Social Security Act which governs foster care programs. The primary purpose of this legislation is to reform and expand the Independent Living Program, a program of relatively small size in comparison to the entire Foster Care Program authorized under Title IV-E. The bill, as introduced, would require that states provide Independent Living services to Indian children and to certify that they are serving Indian children to the same extent as other children in their state. On May 26, 1999, Representative J.D. Hayworth (R-AZ) added an amendment to H. R. 1802, in the Committee mark-up that would strengthen this provision by requiring that the certification not only verify that Indian children are being provided services on the same basis as other children in the state, but also that tribes are consulted on draft plans and that efforts are being made to work cooperatively with tribes. These same provisions are included in S. 1327.

It is also anticipated that Senator Tom Daschle (D-SD) and other sponsors will introduce separate legislation in upcoming weeks that will include provisions for the direct funding of tribal Title IV-E foster care and adoption programs. Such legislation would allow tribes to apply to the U.S. Department of Health and Human Services for direct Title IV-E funding. The legislation will also allow tribes that currently receive Title IV-E funding through agreements with their state to continue to receive funding through this mechanism if they desire.

Indian Health Care Improvement Act Reauthorization - Although no reauthorization bill has been introduced in Congress to date, Pub. L. 94-437, the Indian Health Care Improvement Act (IHCIA), is due for reauthorization this year. This Act funds health care services for American Indians and Alaska Natives at the local, area and national levels. Originally enacted in 1976, this legislation provides a mechanism for annual funding appropriation for the Indian Health Service of approximately $2.2 billion, which provides health services to over 1.5 million American Indian and Alaska Native beneficiaries served by IHS, tribal, and urban health programs each year.

In preparation for reauthorization, the Indian Health Service (IHS) has been holding consultation sessions and forums around the country to secure tribal input for recommendations to amendments to the IHCIA and rally support for the reauthorization. The Senate Committee on Indian Affairs, the House Committee on Resources and IHS will hold a national forum on the reauthorization of the IHCIA on July 28-29, 1999 in Washington, DC at the Dirksen Senate Office Building. For more information about the national forum and IHCIA reauthorization, please contact Kitty Rogers at (602) 640-2140.

IV. IMPLEMENTATION OF FEDERAL STATUTES AND PROMULGATING REGULATIONS

Adoption and Safe Families Act Implementation - On September 18, 1998, the U.S. Department of Health and Human Services (DHHS) Administration for Children and Families (ACF) published in the Federal Register proposed draft regulations for the Adoption and Safe Families Act (ASFA) programs. The comment period for these regulations closed on December 17, 1998. Final regulations have not yet been published.

In consultation sessions held in Albuquerque, NM on May 10, 1999, in St. Paul, MN on May 25-26, 1999, and in Sacramento, CA on June 28, 1999, tribes voiced concerns over the lack of adequate consultation over the revised regulations. Tribes also questioned the motivation behind the revisions to the current regulations and noted that the revisions were not tribally-driven. Tribes were concerned that comments they had submitted to the Bureau last summer were not incorporated into the currently revised regulations. NCAI and numerous tribes requested an extension to the comment period, which originally closed on July 6, 1999. The comment deadline has been extended to September 7, 1999. Tribes and Bureau representatives also discussed the possibility of a negotiated rule-making process to promulgate adequate revisions to 25 C.F.R. Part 20.

The NCAI Welfare Reform Task Force will meet on July 20, 1999 from 9:00 am - 5:00 p.m. in Vancouver to draft comments on the proposed 25 C.F.R. Part 20 regulations. BIA will hold a Listening Council on the regulations at the NCAI Mid-Year Session in Vancouver, B.C. on July 21, 1999 from 6:00 p.m. until 8:00 p.m. NCAI encourages tribes to provide comments to the BIA on the regulations prior to the comment deadline. For additional information on the regulations, please contact the BIA Office of Tribal Services at (202) 208-3463.

Workforce Investment Act - The Workforce Investment Act of 1998 (Pub. L. 105-220) will become the primary program supporting employment and training programs. By its full implementation date of July 1, 2000, the Workforce Investment Act (WIA) will replace all of the programs now funded through the Job Training Partnership Act (JTPA). Section 166 of the Act provides for direct funding to Indian tribal governments, Alaska Native organizations, Indian-controlled community-based organizations and Native Hawaiian organizations. This law also allows all of the categories of Native American people that were formerly eligible for services under the Section 401 JTPA program will continue to be eligible for Section 166 WIA services.