II 

117TH CONGRESS 

1ST SESSION S. 2985 

To amend the Indian Self-Determination Act and the Indian Health Care 

Improvement Act to provide advance appropriations authority for certain 

accounts of the Bureau of Indian Affairs and Bureau of Indian Education of the Department of the Interior and the Indian Health Service 

of the Department of Health and Human Services, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 7, 2021 

Mr. LUJA ́N (for himself, Ms. KLOBUCHAR, Ms. SMITH, Ms. WARREN, Ms. 

CORTEZ MASTO, Ms. BALDWIN, Mr. PADILLA, Mr. TESTER, Mr. HEINRICH, Ms. ROSEN, Mr. WYDEN, and Mr. PETERS) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To amend the Indian Self-Determination Act and the Indian 

Health Care Improvement Act to provide advance appropriations authority for certain accounts of the Bureau 

of Indian Affairs and Bureau of Indian Education of 

the Department of the Interior and the Indian Health 

Service of the Department of Health and Human Services, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Indian Programs Ad3 vance Appropriations Act of 2021’’. 

4 SEC. 2. AUTHORIZATION FOR ADVANCE APPROPRIATIONS. 

5 (a) BUREAU OF INDIAN AFFAIRS AND BUREAU OF

6 INDIAN EDUCATION.—The Indian Self-Determination Act 

7 (25 U.S.C. 5321 et seq.) is amended by adding at the end 

8 the following: 

9 ‘‘SEC. 112. AUTHORIZATION FOR ADVANCE APPROPRIA10 TIONS FOR CERTAIN ACCOUNTS. 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) COVERED ACCOUNT.—The term ‘covered 

13 account’ means the following: 

14 ‘‘(A) Each of the following annual appro15 priations accounts of the Bureau of Indian Af16 fairs: 

17 ‘‘(i) Operation of Indian Programs. 

18 ‘‘(ii) Contract Support Costs. 

19 ‘‘(iii) Indian Guaranteed Loan Pro20 gram. 

21 ‘‘(iv) Construction. 

22 ‘‘(v) Payments for Tribal Leases. 

23 ‘‘(B) Each of the following annual appro24 priations accounts of the Bureau of Indian 

25 Education: 


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1 ‘‘(i) Operation of Indian Education 

2 Programs. 

3 ‘‘(ii) Education Construction. 

4 ‘‘(2) DEPARTMENT.—The term ‘Department’ 

5 means the Department of the Interior. 

6 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

7 the Secretary of the Interior. 

8 ‘‘(b) ADVANCE APPROPRIATIONS.—For each fiscal 

9 year, beginning with fiscal year 2022, new budget author10 ity provided in an appropriations Act for the covered ac11 counts shall— 

12 ‘‘(1) be made available for that fiscal year; and 

13 ‘‘(2) include, for each covered account, advance 

14 new budget authority that first becomes available for 

15 the first fiscal year after the budget year. 

16 ‘‘(c) ESTIMATES REQUIRED.—The Secretary shall in17 clude in documents submitted to Congress in support of 

18 the President’s budget submitted pursuant to section 1105 

19 of title 31, United States Code, detailed estimates of the 

20 funds necessary for the covered accounts of the Depart21 ment for the fiscal year following the fiscal year for which 

22 the budget is submitted. 

23 ‘‘(d) ANNUAL REPORT.— 

24 ‘‘(1) IN GENERAL.—Not later than July 31 of 

25 each fiscal year, the Secretary, in consultation with 


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1 Indian Tribes, shall submit to Congress a report on 

2 the sufficiency of the resources of the Department 

3 for the fiscal year beginning after the date of the 

4 submittal of the report. 

5 ‘‘(2) INCLUSION.—Each report submitted under 

6 paragraph (1) shall include estimates of the work7 load and demand data for the fiscal year covered by 

8 the report.’’. 

9 (b) INDIAN HEALTH SERVICE.—Title VIII of the In10 dian Health Care Improvement Act (25 U.S.C. 1671 et 

11 seq.) is amended by adding at the end the following: 

12 ‘‘SEC. 833. AUTHORIZATION FOR ADVANCE APPROPRIA13 TIONS FOR CERTAIN ACCOUNTS. 

14 ‘‘(a) DEFINITION OF COVERED ACCOUNT.—In this 

15 section, the term ‘covered account’ means each of the fol16 lowing annual appropriations accounts of the Indian 

17 Health Service: 

18 ‘‘(1) Indian Health Services. 

19 ‘‘(2) Contract Support Costs. 

20 ‘‘(3) Payments for Tribal Leases. 

21 ‘‘(4) Indian Health Facilities. 

22 ‘‘(b) ADVANCE APPROPRIATIONS.—For each fiscal 

23 year, beginning with fiscal year 2022, new budget author24 ity provided in an appropriations Act for the covered ac25 counts shall— 


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1 ‘‘(1) be made available for that fiscal year; and 

2 ‘‘(2) include, for each covered account, advance 

3 new budget authority that first becomes available for 

4 the first fiscal year after the budget year. 

5 ‘‘(c) ESTIMATES REQUIRED.—The Secretary shall in6 clude in documents submitted to Congress in support of 

7 the President’s budget submitted pursuant to section 1105 

8 of title 31, United States Code, detailed estimates of the 

9 funds necessary for the covered accounts of the Depart10 ment for the fiscal year following the fiscal year for which 

11 the budget is submitted. 

12 ‘‘(d) ANNUAL REPORT.— 

13 ‘‘(1) IN GENERAL.—Not later than July 31 of 

14 each fiscal year, the Secretary, in consultation with 

15 Indian tribes, shall submit to Congress a report on 

16 the sufficiency of the resources of the Department 

17 for the fiscal year beginning after the date of the 

18 submittal of the report. 

19 ‘‘(2) INCLUSION.—Each report submitted under 

20 paragraph (1) shall include estimates of the work21 load and demand data for the fiscal year covered by 

22 the report.’’. 


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1 SEC. 3. INFORMATION ON APPROPRIATIONS ESTIMATES. 

2 (a) SUBMISSION OF BUDGET REQUEST.—Section 

3 1105(a) of title 31, United States Code, is amended by 

4 adding at the end the following: 

5 ‘‘(40) information on estimates of appropria6 tions for the fiscal year following the fiscal year for 

7 which the budget is submitted for the covered ac8 counts described in— 

9 ‘‘(A) section 112(a)(1) of the Indian Self10 Determination Act; and 

11 ‘‘(B) section 833(a) of the Indian Health 

12 Care Improvement Act.’’. 

13 (b) BUREAU OF INDIAN AFFAIRS.—Section 106 of 

14 the Indian Self-Determination Act (25 U.S.C. 5325) is 

15 amended by striking subsection (i) and inserting the fol16 lowing: 

17 ‘‘(i) ANNUAL BUDGET SUBMISSION.— 

18 ‘‘(1) BUDGET REQUEST.—The annual budget 

19 request for the programs of the Bureau of Indian 

20 Affairs, as submitted as part of the President’s an21 nual budget request under section 1105 of title 31, 

22 United States Code, shall include, in the amount re23 quested and the budget justification, information on 

24 estimates of appropriations for the fiscal year fol25 lowing the fiscal year for which the budget is subVerDate Sep 11 2014 21:56 Oct 12, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2985.IS S2985

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1 mitted for the covered accounts described in section 

2 112(a)(1)(A). 

3 ‘‘(2) CONSULTATION.—In developing the budget 

4 request under paragraph (1), the Secretary of the 

5 Interior shall consult with, and solicit the participa6 tion of, Indian Tribes and Tribal organizations.’’. 

7 (c) BUREAU OF INDIAN EDUCATION.— 

8 (1) ADMINISTRATIVE COST GRANT BUDGET RE9 QUESTS.—Section 1128(l)(1) of the Education 

10 Amendments of 1978 (25 U.S.C. 2008(l)(1)) is 

11 amended by striking the period at the end and in12 serting ‘‘for the fiscal year for which the budget is 

13 submitted and for the fiscal year following that fis14 cal year.’’. 

15 (2) DIVISION OF BUDGET ANALYSIS.—Section 

16 1129(c) of the Education Amendments of 1978 (25 

17 U.S.C. 2009(c)) is amended, in the matter preceding 

18 paragraph (1), by striking ‘‘contains’’ and inserting 

19 ‘‘contains, for the fiscal year for which the budget 

20 is submitted and for the fiscal year following that 

21 fiscal year’’. 

22 (3) ANNUAL BUDGET REQUEST.—Section 

23 1135(b) of the Education Amendments of 1978 (25 

24 U.S.C. 2015(b)) is amended— 


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1 (A) by striking the period at the end and 

2 inserting ‘‘; and’’; 

3 (B) by striking ‘‘shall include the plans’’ 

4 and inserting the following: ‘‘shall include— 

5 ‘‘(1) the plans’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(2) in the amount requested and the budget 

8 justification, information on estimates of appropria9 tions for the fiscal year following the fiscal year for 

10 which the budget is submitted for the covered ac11 counts described in section 112(a)(1)(B) of the In12 dian Self-Determination Act.’’. 

13 (d) INDIAN HEALTH SERVICE.—Section 826 of the 

14 Indian Health Care Improvement Act (25 U.S.C. 1680p) 

15 is amended— 

16 (1) in the matter preceding paragraph (1), by 

17 striking ‘‘justification, amounts that reflect any 

18 changes in—’’ and inserting ‘‘justification—’’; and 

19 (2) by striking paragraphs (1) and (2) and in20 serting the following: 

21 ‘‘(1) amounts that reflect any changes in— 

22 ‘‘(A) the cost of health services, as indexed 

23 for United States dollar inflation (as measured 

24 by the Consumer Price Index); and 


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1 ‘‘(B) the size of the population served by 

2 the Service; and 

3 ‘‘(2) information on estimates of appropriations 

4 for the fiscal year following the fiscal year for which 

5 the budget is submitted for the covered accounts de6 scribed in section 833(a).’’. 

Æ 


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