Tribal pilot programs for SNAP administration

The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following: 31. Tribal pilot programs for SNAP administration (a) Definitions In this section: (1) Tribal pilot participant The term Tribal pilot participant means a covered Indian entity (as defined in subsection (b)(1)) or an Indian Tribe that is participating in a pilot program under this section. (2) Tribal service population The term Tribal service population means households residing within the service area identified by, as applicable— (A) a covered Indian entity (as defined in subsection (b)(1)) under subsection (b)(4)(A)(iii); or (B) an Indian Tribe under subsection (c)(2)(A)(iii). (b) Alaska Tribal pilot program (1) Definition of covered Indian entity In this subsection, the term covered Indian entity means— (A) each of the 12 regional nonprofit corporations established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and (B) the Metlakatla Indian Community of the Annette Islands Reserve. (2) Establishment Not later than 180 days after the date of enactment of this section, the Secretary shall establish a pilot program (referred to in this subsection as the pilot program) under which the Secretary shall award a grant to at least 1 covered Indian entity each fiscal year to administer all or portions of the supplemental nutrition assistance program within the Tribal service area of the covered Indian entity. (3) Grant duration The term of a grant awarded under the pilot program shall be 3 years, which may be extended for an additional 3 years, as determined by the Secretary. (4) 3-year plan (A) In general A covered Indian entity seeking a grant under the pilot program shall submit to the Secretary a 3-year plan that— (i) describes how the covered Indian entity will administer the supplemental nutrition assistance program consistent with this Act; (ii) specifies whether benefits and administrative functions will be provided directly or through agreements, contracts, compacts, or consortia arrangements; (iii) identifies the Tribal service populations and service areas to be served; (iv) identifies employment opportunities in or near the service areas and the manner in which the covered Indian entity will cooperate in enhancing those opportunities consistent with applicable Federal standards; and (v) describes financial management, program integrity, accountability, and data security procedures. (B) Review The Secretary shall review the plan submitted under subparagraph (A) in accordance with subsection (e). (C) Determination Not later than 90 days after receiving a plan under subparagraph (A), the Secretary shall approve or deny the plan. (5) Amount determined (A) In general The amount of a grant awarded to a covered Indian entity under the pilot program shall be the amount attributable to expenditures for Tribal service populations identified under paragraph (3)(A)(iii). (B) Use of State-submitted data (i) In general The Secretary shall use data submitted by the State of Alaska to calculate the payment amount under subparagraph (A). (ii) Disagreement with determination If a covered Indian entity disagrees with the data described in clause (i), the covered Indian entity may submit additional information to the Secretary for consideration. (6) Reduction in State administrative payments The Secretary shall reduce the Federal administrative payments otherwise payable to the State of Alaska under section 16 by the amount attributable to administrative functions assumed by a covered Indian entity receiving a grant under the pilot program. (c) Lower-48 Tribal pilot program (1) In general Not later than 180 days after the date of enactment of this section, the Secretary shall establish a pilot program (referred to in this subsection as the pilot program) under which the Secretary shall award grants to at least 5 Indian Tribes to administer all or portions of the supplemental nutrition assistance program within Tribal service areas. (2) Administration plan (A) In general An Indian Tribe seeking a grant under the pilot program shall submit to the Secretary a plan that— (i) describes how the Indian Tribe will administer the supplemental nutrition assistance program consistent with this Act; (ii) specifies whether benefits and administrative functions will be provided directly or through agreements, contracts, or compacts, including agreements with relevant State agencies; (iii) identifies the Tribal service populations and service areas to be served; (iv) describes financial management, program integrity, accountability, and data security procedures; and (v) identifies employment opportunities in or near the service areas and the manner in which the Indian Tribe will cooperate in enhancing those opportunities consistent with applicable Federal standards. (B) Review The Secretary shall review the plan submitted under subparagraph (A) in accordance with subsection (e). (C) Approval Not later than 90 days after receiving a plan under subparagraph (A), the Secretary shall approve or deny the plan. (3) Cooperative agreements Each Indian Tribe participating in the pilot program shall enter into a cooperative agreement with the Secretary and the applicable State agency regarding administration, data sharing, eligibility coordination, program integrity, and operational responsibilities. (4) Phased expansion (A) Initial participation For the first fiscal year in which the pilot program is implemented, the Secretary shall select at least 5 Indian Tribes to participate in the pilot program. (B) Additional participants For each fiscal year following the first fiscal year described in subparagraph (A), the Secretary shall approve participation in the pilot program of not more than 5 additional Indian Tribes. (C) Priority In selecting Indian Tribes to participate in the pilot program, the Secretary shall prioritize geographic diversity, demonstrated administrative capacity, and Tribal communities that have previously worked with States on administering the supplemental nutrition assistance program in those communities. (5) Direct Federal funding The Secretary shall provide funding directly to Indian Tribes participating in the pilot program without requiring pass-through agreements with States. (d) Administration In participating in a pilot program under this section, a Tribal pilot participant shall— (1) subject to waiver by the Secretary, comply with requirements comparable to requirements applicable to State agencies administering the supplemental nutrition assistance program; (2) prohibit households from receiving duplicative assistance; (3) comply with section 5(f)(1) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5305(f)(1)); and (4) maintain fiscal accountability consistent with generally accepted accounting principles. (e) Tribal administrative capacity (1) In general In reviewing a plan under subsection (b)(3) or (c)(2), the Secretary shall consider the demonstrated administrative capacity of the Tribal pilot participant, which may include experience administering federally funded Tribal programs, including— (A) a Tribal family assistance program operated under section 412 of the Social Security Act (42 U.S.C. 612); (B) programs operated under contracts or compacts authorized by the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); (C) employment and training programs under section 6(d)(4); (D) programs administered under the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.); or (E) other public assistance, nutrition, workforce development, or social service programs administered by the Tribal pilot participant. (2) No additional burdensome requirements The Secretary shall not impose on Tribal pilot participants requirements relating to administrative capacity that are more burdensome than requirements applied to States administering the supplemental nutrition assistance program. (f) Technical assistance The Secretary shall provide funding to a Tribal organization to provide technical assistance, training, and implementation support to Tribal pilot participants to facilitate successful administration of the pilot programs under this section. (g) Exemptions and State protections (1) Exemption from matching fund requirements Households within a Tribal service population that is served pursuant to this section shall not be included in calculating under this Act— (A) any State payment error rate; (B) any State matching fund requirement; (C) any State financial liability or penalty relating to payment accuracy; or (D) any State cost obligation under section 4(a)(2). (2) Exemption from administrative cost sharing Of the administrative costs incurred by Tribal pilot participants under this section— (A) 100 percent shall be reimbursed by the Secretary; and (B) 0 percent shall be subject to administrative cost-sharing requirements applicable to States under section 16. (3) Preservation of existing Tribal exemptions Nothing in this section affects the application of subparagraphs (F) and (G) of section 6(o)(3). (4) No State penalties A State shall not be penalized, financially or administratively, based on Tribal service populations that are served pursuant to this section, including with respect to— (A) matching fund requirements; (B) administrative cost-sharing requirements; (C) work requirement compliance calculations; (D) payment error rates; or (E) administrative performance measures. (h) Report to Congress Not later than 5 years after the date of enactment of this section, the Secretary shall evaluate, and submit to Congress a report on, with respect to the pilot programs carried out under this section— (1) participant access and food security outcomes; (2) administrative efficiency; (3) payment accuracy and program integrity; (4) Tribal self-sufficiency outcomes; and (5) recommendations relating to whether those pilot programs should be continued, expanded, modified, or made permanent. (i) Rule of construction Nothing in this section diminishes— (1) the trust responsibility of the United States to Indian Tribes; or (2) the sovereign authority of Indian Tribes..