Title: Indian Programs Advance Appropriations Act of 2021
Policy area: Native Americans

Summary:
Indian Programs Advance Appropriations Act of 2021
This bill authorizes advance appropriations for several covered appropriations accounts of (1) the Bureau of Indian Affairs and the Bureau of Indian Education within the Department of the Interior, and (2) the Indian Health Service within the Department of Health and Human Services. The advance appropriations provide new budget authority that first becomes available for the first fiscal year after the budget year.
The covered accounts within the Bureau of Indian Affairs are (1) Operation of Indian Programs, (2) Contract Support Costs, (3) the Indian Guaranteed Loan Program, (4) Construction, and (5) Payments for Tribal Leases. The covered accounts within the Bureau of Indian Education are (1) Operation of Indian Education Programs, and (2) Education Construction.
The covered accounts within the Indian Health Service are (1) Indian Health Services, (2) Contract Support Costs, (3) Payments for Tribal Leases, and (4) Indian Health Facilities.
The bill also requires the President's budget and the supporting documents submitted to Congress to include detailed estimates related to the advance appropriations.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2985 Introduced in Senate (IS)]

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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. Lujan (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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Programs Advance 
Appropriations Act of 2021''.

SEC. 2. AUTHORIZATION FOR ADVANCE APPROPRIATIONS.

    (a) Bureau of Indian Affairs and Bureau of Indian Education.--The 
Indian Self-Determination Act (25 U.S.C. 5321 et seq.) is amended by 
adding at the end the following:

``SEC. 112. AUTHORIZATION FOR ADVANCE APPROPRIATIONS FOR CERTAIN 
              ACCOUNTS.

    ``(a) Definitions.--In this section:
            ``(1) Covered account.--The term `covered account' means 
        the following:
                    ``(A) Each of the following annual appropriations 
                accounts of the Bureau of Indian Affairs:
                            ``(i) Operation of Indian Programs.
                            ``(ii) Contract Support Costs.
                            ``(iii) Indian Guaranteed Loan Program.
                            ``(iv) Construction.
                            ``(v) Payments for Tribal Leases.
                    ``(B) Each of the following annual appropriations 
                accounts of the Bureau of Indian Education:
                            ``(i) Operation of Indian Education 
                        Programs.
                            ``(ii) Education Construction.
            ``(2) Department.--The term `Department' means the 
        Department of the Interior.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
    ``(b) Advance Appropriations.--For each fiscal year, beginning with 
fiscal year 2022, new budget authority provided in an appropriations 
Act for the covered accounts shall--
            ``(1) be made available for that fiscal year; and
            ``(2) include, for each covered account, advance new budget 
        authority that first becomes available for the first fiscal 
        year after the budget year.
    ``(c) Estimates Required.--The Secretary shall include in documents 
submitted to Congress in support of the President's budget submitted 
pursuant to section 1105 of title 31, United States Code, detailed 
estimates of the funds necessary for the covered accounts of the 
Department for the fiscal year following the fiscal year for which the 
budget is submitted.
    ``(d) Annual Report.--
            ``(1) In general.--Not later than July 31 of each fiscal 
        year, the Secretary, in consultation with Indian Tribes, shall 
        submit to Congress a report on the sufficiency of the resources 
        of the Department for the fiscal year beginning after the date 
        of the submittal of the report.
            ``(2) Inclusion.--Each report submitted under paragraph (1) 
        shall include estimates of the workload and demand data for the 
        fiscal year covered by the report.''.
    (b) Indian Health Service.--Title VIII of the Indian Health Care 
Improvement Act (25 U.S.C. 1671 et seq.) is amended by adding at the 
end the following:

``SEC. 833. AUTHORIZATION FOR ADVANCE APPROPRIATIONS FOR CERTAIN 
              ACCOUNTS.

    ``(a) Definition of Covered Account.--In this section, the term 
`covered account' means each of the following annual appropriations 
accounts of the Indian Health Service:
            ``(1) Indian Health Services.
            ``(2) Contract Support Costs.
            ``(3) Payments for Tribal Leases.
            ``(4) Indian Health Facilities.
    ``(b) Advance Appropriations.--For each fiscal year, beginning with 
fiscal year 2022, new budget authority provided in an appropriations 
Act for the covered accounts shall--
            ``(1) be made available for that fiscal year; and
            ``(2) include, for each covered account, advance new budget 
        authority that first becomes available for the first fiscal 
        year after the budget year.
    ``(c) Estimates Required.--The Secretary shall include in documents 
submitted to Congress in support of the President's budget submitted 
pursuant to section 1105 of title 31, United States Code, detailed 
estimates of the funds necessary for the covered accounts of the 
Department for the fiscal year following the fiscal year for which the 
budget is submitted.
    ``(d) Annual Report.--
            ``(1) In general.--Not later than July 31 of each fiscal 
        year, the Secretary, in consultation with Indian tribes, shall 
        submit to Congress a report on the sufficiency of the resources 
        of the Department for the fiscal year beginning after the date 
        of the submittal of the report.
            ``(2) Inclusion.--Each report submitted under paragraph (1) 
        shall include estimates of the workload and demand data for the 
        fiscal year covered by the report.''.

SEC. 3. INFORMATION ON APPROPRIATIONS ESTIMATES.

    (a) Submission of Budget Request.--Section 1105(a) of title 31, 
United States Code, is amended by adding at the end the following:
            ``(40) information on estimates of appropriations for the 
        fiscal year following the fiscal year for which the budget is 
        submitted for the covered accounts described in--
                    ``(A) section 112(a)(1) of the Indian Self-
                Determination Act; and
                    ``(B) section 833(a) of the Indian Health Care 
                Improvement Act.''.
    (b) Bureau of Indian Affairs.--Section 106 of the Indian Self-
Determination Act (25 U.S.C. 5325) is amended by striking subsection 
(i) and inserting the following:
    ``(i) Annual Budget Submission.--
            ``(1) Budget request.--The annual budget request for the 
        programs of the Bureau of Indian Affairs, as submitted as part 
        of the President's annual budget request under section 1105 of 
        title 31, United States Code, shall include, in the amount 
        requested and the budget justification, information on 
        estimates of appropriations for the fiscal year following the 
        fiscal year for which the budget is submitted for the covered 
        accounts described in section 112(a)(1)(A).
            ``(2) Consultation.--In developing the budget request under 
        paragraph (1), the Secretary of the Interior shall consult 
        with, and solicit the participation of, Indian Tribes and 
        Tribal organizations.''.
    (c) Bureau of Indian Education.--
            (1) Administrative cost grant budget requests.--Section 
        1128(l)(1) of the Education Amendments of 1978 (25 U.S.C. 
        2008(l)(1)) is amended by striking the period at the end and 
        inserting ``for the fiscal year for which the budget is 
        submitted and for the fiscal year following that fiscal 
        year.''.
            (2) Division of budget analysis.--Section 1129(c) of the 
        Education Amendments of 1978 (25 U.S.C. 2009(c)) is amended, in 
        the matter preceding paragraph (1), by striking ``contains'' 
        and inserting ``contains, for the fiscal year for which the 
        budget is submitted and for the fiscal year following that 
        fiscal year''.
            (3) Annual budget request.--Section 1135(b) of the 
        Education Amendments of 1978 (25 U.S.C. 2015(b)) is amended--
                    (A) by striking the period at the end and inserting 
                ``; and'';
                    (B) by striking ``shall include the plans'' and 
                inserting the following: ``shall include--
            ``(1) the plans''; and
                    (C) by adding at the end the following:
            ``(2) in the amount requested and the budget justification, 
        information on estimates of appropriations for the fiscal year 
        following the fiscal year for which the budget is submitted for 
        the covered accounts described in section 112(a)(1)(B) of the 
        Indian Self-Determination Act.''.
    (d) Indian Health Service.--Section 826 of the Indian Health Care 
Improvement Act (25 U.S.C. 1680p) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``justification, amounts that reflect any changes in--'' and 
        inserting ``justification--''; and
            (2) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) amounts that reflect any changes in--
                    ``(A) the cost of health services, as indexed for 
                United States dollar inflation (as measured by the 
                Consumer Price Index); and
                    ``(B) the size of the population served by the 
                Service; and
            ``(2) information on estimates of appropriations for the 
        fiscal year following the fiscal year for which the budget is 
        submitted for the covered accounts described in section 
        833(a).''.
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