I 

118TH CONGRESS 

1ST SESSION H. R. 2376 

To amend the Indian Health Care Improvement Act and title 5 of the 

United States Code to facilitate participation in Federal benefits programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. GRIJALVA (for himself, Ms. MOORE of Wisconsin, Ms. STANSBURY, and 

Ms. PORTER) introduced the following bill; which was referred to the 

Committee on Oversight and Accountability, and in addition to the Committees on Natural Resources, and Energy and Commerce, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To amend the Indian Health Care Improvement Act and 

title 5 of the United States Code to facilitate participation in Federal benefits programs, 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, 

3 SECTION 1. AMENDMENTS TO INDIAN HEALTH CARE IM4 PROVEMENT ACT. 

5 Section 409 of the Indian Health Care Improvement 

6 Act (25 U.S.C. 1647b) is amended— 


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1 (1) by striking ‘‘or an urban Indian organiza2 tion carrying out programs under title V of this 

3 Act’’ and inserting ‘‘, an urban Indian organization 

4 carrying out programs under title V of this Act, or 

5 a Tribal College or University as defined in section 

6 316(b)(3) of the Higher Education Act of 1965 (20 

7 U.S.C. 1059c(b)(3)),’’; 

8 (2) by striking ‘‘or urban Indian organization, 

9 under chapter 89’’ and inserting ‘‘, urban Indian or10 ganization, or Tribal College or University, under 

11 chapter 89’’; 

12 (3) by striking ‘‘or urban Indian organization, 

13 are currently deposited’’ and inserting ‘‘, urban In14 dian organization, or Tribal College or University, 

15 are currently deposited’’ ; and 

16 (4) by adding at the end the following: ‘‘In ad17 dition, employees of such Indian tribe, tribal organi18 zation, urban Indian organization, or Tribal College 

19 or University shall be entitled to purchase coverage, 

20 rights, and benefits under chapters 89A and 89B of 

21 such title if the Indian tribe, tribal organization, 

22 urban Indian organization, or Tribal College or Uni23 versity determines that the employee is eligible, and 

24 the necessary employee deductions or direct payment 

25 for the coverage, rights, and benefits for the period 


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1 of employment with such Indian tribe or tribal orga2 nization, urban Indian organization, or Tribal Col3 lege or University are currently deposited in accord4 ance with requirements under such chapters.’’ 

5 SEC. 2. TRIBAL INSURANCE ADMINISTRATIVE ACCOUNT. 

6 Section 8909 of title 5, United States Code, is 

7 amended by adding at the end the following: 

8 ‘‘(h) TRIBAL INSURANCE ADMINISTRATIVE AC9 COUNT.— 

10 ‘‘(1)(A) There is established in the Fund a 

11 Tribal Insurance Administrative Account (in this 

12 subsection referred to as the ‘Account)’. The admin13 istrative fee charged to each tribal employer that 

14 purchases coverage, rights, and benefits for its em15 ployees under section 409 of the Indian Health Im16 provement Act (25 U.S.C. 1647b) shall be collected 

17 by the Office of Personnel Management, or other en18 tity as authorized by the Director of the Office, for 

19 the administration of the Tribal FEHB Program. 

20 All such fees collected shall be paid into the Ac21 count. 

22 ‘‘(B) The administrative fee under subpara23 graph (A) shall be determined annually by the Office 

24 and shall be charged in addition to any premium for 


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1 each enrollment of a tribal employee. The adminis2 trative fee— 

3 ‘‘(i) shall be a percentage, as determined 

4 by the Office, of the weighted average monthly 

5 premium calculated with consideration to all 

6 plans and options and the total number of en7 rollees enrolled in all plans and options; and 

8 ‘‘(ii) shall not exceed 3 percent of the ap9 plicable average monthly premium. 

10 ‘‘(2) The Account shall be available to the Of11 fice, without fiscal year limitation, for reasonable ex12 penses incurred by the Office for the administration 

13 of the Tribal FEHB Program.’’. 

Æ 


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