Honoring Promises to Native Nations Act
This bill addresses criminal justice and public safety, health care, education, housing, and economic development for Native Americans. Among other provisions, the bill (1) provides funding for various programs and accounts, including for the Indian Health Service, the Bureau of Indian Affairs, and the Bureau of Indian Education; (2) establishes the Office of Native Nations within the Office of Management and Budget; and (3) establishes the Tribal Broadband Fund.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9439 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9439
To ensure progress toward the fulfillment by the Federal Government of
its trust and treaty obligations to Native Americans and Tribal
governments, to ensure funding for programs for Native Americans and
Tribal governments, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 6, 2022
Mr. Kilmer introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committees on
the Budget, the Judiciary, Energy and Commerce, Education and Labor,
Financial Services, Veterans' Affairs, Transportation and
Infrastructure, and Agriculture, 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 ensure progress toward the fulfillment by the Federal Government of
its trust and treaty obligations to Native Americans and Tribal
governments, to ensure funding for programs for Native Americans and
Tribal governments, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Honoring Promises
to Native Nations Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
Sec. 5. Definitions.
Sec. 6. Advance appropriations.
Sec. 7. Sequestration exemption.
Sec. 8. Office of Management and Budget Office of Native Nations.
Sec. 9. GAO audit of crosscutting information.
Sec. 10. White House Council for Native Nations.
Sec. 11. Deputy Secretary for Native Nations in the Department of the
Interior.
Sec. 12. Tribal consultation by Federal agencies.
Sec. 13. Interagency working group on data collection.
TITLE I--CRIMINAL JUSTICE AND PUBLIC SAFETY
Sec. 101. Findings.
Sec. 102. Sense of Congress.
Sec. 103. Full Tribal criminal jurisdiction.
Sec. 104. Bureau of Prisons tribal prisoner program.
Sec. 105. Tribal justice systems.
Sec. 106. Grants to Indian tribes under public safety and community
policing grant program.
Sec. 107. Bureau of Indian Affairs law enforcement and detention.
Sec. 108. Written consent of an Indian tribe prior to an execution of a
tribal member by the United States.
Sec. 109. Indian victims of crime.
Sec. 110. Victim advocates for Native Americans.
Sec. 111. Special Tribal criminal jurisdiction.
Sec. 112. National Indian Country Clearinghouse on Sexual Assault.
Sec. 113. Tribal access program.
Sec. 114. Tiwahe Initiative.
Sec. 115. Reviews on Native Hawaiian interactions with law enforcement.
TITLE II--HEALTH CARE
Sec. 201. Findings.
Sec. 202. Sense of Congress.
Sec. 203. Mandatory funding for Indian Health Service.
Sec. 204. Sanitation facilities construction program.
Sec. 205. Special diabetes programs for Indians.
Sec. 206. Special diabetes program for Native Hawaiians.
Sec. 207. Permanent extension of full Federal medical assistance
percentage to urban Indian organizations.
Sec. 208. Qualified Indian provider services.
Sec. 209. Remove limitation on payment for services furnished by Indian
Health Care Providers outside a clinic
facility.
Sec. 210. Native Hawaiian health care.
Sec. 211. Funding for tribal epidemiology centers.
Sec. 212. State option to provide medical assistance for residential
addiction treatment facility services.
Sec. 213. Conferring with urban Indian organizations.
Sec. 214. Medicaid work requirement exemption.
Sec. 215. Medicaid program policies for members of Indian tribes.
TITLE III--EDUCATION
Sec. 301. Findings.
Sec. 302. Sense of Congress.
Sec. 303. Mandatory funding for Tribal Colleges and Universities.
Sec. 304. Expanding instruction and outreach by Tribal Colleges and
Universities and other amendments.
Sec. 305. Endowment funds of Tribal Colleges and Universities.
Sec. 306. Full funding for operation of Bureau-funded schools.
Sec. 307. Bureau of Indian Education school construction,
modernization, and repair.
Sec. 308. Tribal College and University construction, modernization,
and repair.
Sec. 309. Support for Native students and educators in Native-serving
schools.
Sec. 310. Johnson-O'Malley funding.
Sec. 311. Native languages.
Sec. 312. Culturally inclusive education.
Sec. 313. Alaska Native education programs.
Sec. 314. Every Student Succeeds Act implementation.
Sec. 315. Funding for local Tribal educational agencies and Tribal
education offices.
Sec. 316. Graduate opportunities at Tribal Colleges and Universities.
TITLE IV--HOUSING
Sec. 401. Findings.
Sec. 402. Sense of Congress.
Sec. 403. Indian housing block grant program.
Sec. 404. Native Hawaiian housing block grant program.
Sec. 405. Set-aside of USDA rural housing funding for Indian tribes.
Sec. 406. Restoring authority of Indian tribes and tribally designated
housing entities in certain housing
programs.
Sec. 407. Indian community development block grants.
Sec. 408. Loan guarantees for Indian housing.
Sec. 409. Loan guarantees for Native Hawaiian housing.
Sec. 410. Direct housing loans for Native American veterans program.
Sec. 411. Tribal HUD-VASH program.
Sec. 412. Housing improvement program, Bureau of Indian Affairs.
Sec. 413. Tribal uninhabitable housing improvement program.
Sec. 414. Coordinated Environmental Review Process Workgroup.
TITLE V--ECONOMIC DEVELOPMENT
Sec. 501. Findings.
Sec. 502. Sense of Congress.
Subtitle A--Economic Development, Infrastructure, and Investments
Sec. 511. Tribal transportation program.
Sec. 512. Tribal high priority projects program.
Sec. 513. Bureau of Indian Affairs road maintenance program.
Sec. 514. Tribal transit program.
Sec. 515. Tribal transportation technical assistance program.
Sec. 516. Rural development tribal technical assistance program.
Sec. 517. Native American community development financial institutions
assistance program.
Sec. 518. Tribal revolving funds.
Sec. 519. Tribal water pollution control.
Sec. 520. Rural utilities service water and waste disposal program.
Sec. 521. Funding for Claims Resolution Act of 2010.
Subtitle B--Spectrum Sovereignty and Broadband Deployment on Tribal
Lands
Sec. 531. Tribal Broadband Fund.
Sec. 532. Office of Native Affairs and Policy, Federal Communications
Commission.
Sec. 533. Immediate deployment of broadband service on Tribal lands.
Sec. 534. FCC Tribal spectrum market.
Sec. 535. E-rate.
Sec. 536. ReConnect Program.
Sec. 537. USDA Office of Tribal Relations.
Sec. 538. Annual reporting requirements.
Sec. 539. Definitions.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to acknowledge the chronic failure of the Federal
Government--
(A) to fulfill its trust responsibilities to
American Indians, Alaska Natives, and Indian tribes;
and
(B) to respect its special political and legal
relationship with Native Hawaiians;
(2) to acknowledge the treaty obligations of the Federal
Government to American Indians, Alaska Natives, and Indian
tribes, which have never been fulfilled;
(3) to ensure progress toward the fulfillment of trust and
treaty obligations of the Federal Government;
(4) to ensure progress toward adequate funding for programs
for American Indians, Alaska Natives, Native Hawaiians, and
Indian tribes;
(5) to reaffirm and uphold Tribal sovereignty and self-
governance; and
(6) to acknowledge the broken promises of the Federal
Government to Indian tribes and Native Hawaiians, as embodied
by--
(A) the failure to uphold treaty obligations;
(B) the failure to fund programs that should have
been fully funded in exchange for the loss of life and
indigenous homelands;
(C) the ceded land and stolen natural resources
from Tribal lands; and
(D) the acts taken to extinguish Native American
culture and the traditions of American Indians, Alaska
Natives, and Native Hawaiians.
SEC. 3. FINDINGS.
Congress finds that--
(1) in December 2018, the United States Commission on Civil
Rights issued a report entitled ``Broken Promises: Continuing
Federal Funding Shortfall for Native Americans'', which made a
number of important findings, which are related to the findings
described in paragraphs (2) through (8);
(2) the unique government-to-government relationship
between the Federal Government and Indian tribes, and the trust
responsibility and obligations of the Federal Government to
American Indians, Alaska Natives, and Indian tribes, are--
(A) enumerated in the United States Constitution,
Acts of Congress, Executive orders, Supreme Court
precedent, and Federal policies and regulations; and
(B) as applicable, established in Indian treaties
signed by the United States;
(3) Congress has also passed more than 150 laws that
promote the welfare of Native Hawaiians and affirm a special
political and legal relationship with Native Hawaiians arising
out of their status as Indigenous, Native people;
(4) Federal programs designed to support the social and
economic well-being of American Indians, Alaska Natives, Native
Hawaiians, and Indian tribes remain chronically underfunded and
sometimes inefficiently structured, which--
(A) leaves many basic obligations of the Federal
Government in rural and urban areas with large
populations of Native Americans unmet; and
(B) contributes to the inequities observed in
Native American communities;
(5) woefully inadequate Federal funding for Native American
programs often comes with restrictions that hamper access to
funds, including indirect allocations of Federal funding to
State governments to be provided to Tribal governments and
Native American communities at the State's discretion, which
further diminishes the direct government-to-government
relationship between the Federal Government and Indian tribes
and other funding mechanisms for Native American communities;
(6) Congress often provides funding for Native American
programs in a manner that makes efficient long-term planning
and budgeting impossible or exceedingly difficult for Tribal
governments, tribal organizations, urban Indian organizations,
and Native American communities;
(7) the Federal Government continues to fail to keep
accurate, consistent, and comprehensive records of Federal
spending for Native American programs, either for a given
fiscal year or for longer time periods, making monitoring of
Federal spending to meet the trust responsibility and
obligations of the Federal Government difficult; and
(8)(A) the Federal Government continues to insufficiently
track Native American populations and use outdated or
incomplete data points, contributing to the lack of adequate
funding provided for necessary resources;
(B) there is a critical need for more accurate and current
data collection for American Indians, Alaska Natives, and
Native Hawaiians, including disaggregated data on those
populations; and
(C) inaccurate and undercounted data can negatively impact
Federal funds and services received by American Indian, Alaska
Native, and Native Hawaiian communities.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Indian tribes are distinct sovereigns that have a
government-to-government relationship with the Federal
Government;
(2)(A) the Federal Government has trust and treaty
obligations to Indian tribes that are established in treaties
signed by the United States and enumerated in the Constitution
of the United States, Acts of Congress, Executive orders,
Supreme Court precedent, and Federal policies and regulations;
and
(B) those treaties, like all treaties made under the
authority of the United States, are the supreme law of the
land, as recognized in article VI of the Constitution of the
United States;
(3)(A) the Federal Government has historically failed to
carry out its promises and trust and treaty obligations to
American Indians, Alaska Natives, Indian tribes, and, as
applicable, Native Hawaiians; and
(B) those failures--
(i) are ongoing, as the Federal Government
continually fails to adequately support the social and
economic well-being of American Indians, Alaska
Natives, Native Hawaiians, and Indian tribes; and
(ii) have created a civil rights crisis;
(4) the historical failures of the Federal Government
described in paragraph (3) include--
(A) federally mandated depopulation of Native
Americans, including--
(i) numerous massacres carried out by the
United States; and
(ii) the forced relocation efforts and
genocide practices carried out by the United
States;
(B) successive oppressive government policies, such
as the allotment and assimilation, termination, and
relocation eras;
(C) suppression, assimilation, and cultural
annihilation practices carried out against the United
States Indigenous peoples; and
(D) an ongoing failure to acknowledge that the
lands that make up the United States are indigenous
lands;
(5) the Federal Government must do far more to live up to
its trust and treaty obligations to American Indians and Alaska
Natives and Indian tribes, for just as the United States
expects all nations to live up to their own treaty obligations,
the United States should live up to its own promises;
(6) the Federal Government can empower American Indians,
Alaska Natives, and Native Hawaiians to realize enormous
potential by honoring its promises and obligations through the
enactment of legislation; and
(7) American Indians, Alaska Natives, and Native Hawaiians
have long demonstrated remarkable strength, resilience, and
revitalization despite the broken promises of the Federal
Government and failure to acknowledge their contributions to
the United States.
SEC. 5. DEFINITIONS.
In this Act:
(1) Hawaiian home lands.--The term ``Hawaiian home lands''
means land held in trust for Native Hawaiians by the State of
Hawaii pursuant to the Hawaiian Homes Commission Act, 1920 (42
Stat. 108, chapter 42).
(2) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(3) Indian tribe.--The term ``Indian tribe'' means the
governing body of any individually identified and federally
recognized Indian or Alaska Native tribe, band, nation, pueblo,
village, community, affiliated Tribal group, or component
reservation included on the list published pursuant to section
104(a) of the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 5131(a)).
(4) Native hawaiian organization.--
(A) In general.--The term ``Native Hawaiian
organization'' means any private nonprofit entity--
(i) that serves the best interests of
Native Hawaiians;
(ii) in which Native Hawaiians serve in
substantive and policymaking positions;
(iii) that has as a primary and stated
purpose the provision of services to Native
Hawaiians; and
(iv) that has expertise in Native Hawaiian
affairs.
(B) Inclusions.--The term ``Native Hawaiian
organization'' includes--
(i) the Native Hawaiian Health Care System;
and
(ii) the Office of Hawaiian Affairs.
(5) Tribal lands.--
(A) In general.--The term ``Tribal lands'' has the
meaning given the term in section 73.7000 of title 47,
Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(B) Inclusions.--The term ``Tribal lands''
includes--
(i) Indian country;
(ii) fee simple and restricted fee land
held by an Indian tribe; and
(iii) Hawaiian home lands.
(6) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(7) Urban indian organization.--The term ``urban Indian
organization'' has the meaning given the term in section 4 of
the Indian Health Care Improvement Act (25 U.S.C. 1603).
SEC. 6. ADVANCE APPROPRIATIONS.
(a) Advance Appropriations.--
(1) Definitions.--In this subsection:
(A) Applicable secretary.--The term ``applicable
Secretary'' means--
(i) with respect to actions involving the
covered accounts described in subparagraph
(B)(i), the Secretary of the Interior; and
(ii) with respect to actions involving the
covered accounts described in subparagraph
(B)(ii), the Secretary of Health and Human
Services.
(B) Covered account.--The term ``covered account''
means the following:
(i) The following accounts of the
Department of the Interior:
(I) Operation of Indian Programs.
(II) Operation of Indian Education
Programs.
(III) Contract Support Costs.
(IV) Payments for Tribal Leases.
(V) Bureau of Indian Affairs
Construction.
(VI) Bureau of Indian Education
Construction.
(VII) Indian Guaranteed Loan
Program Account.
(ii) The Indian Health Service account of
the Department of Health and Human Services.
(iii) The Native Hawaiian Health Care
account of the Primary Health Care account of
the Health Resources and Services
Administration of the Department of Health and
Human Services that provides annual
appropriations to the Native Hawaiian Health
care program.
(C) Unfunded fiscal year.--The term ``unfunded
fiscal year'', with respect to a covered account, means
a fiscal year for which amounts are not made available
under this Act for the covered account.
(2) Advance appropriations.--For the first unfunded fiscal
year with respect to a covered account, and each fiscal year
thereafter, new budget authority provided in an appropriation
Act for the covered account shall--
(A) be made available for that fiscal year; and
(B) include, for the covered account, advance new
budget authority that first becomes available for the
first fiscal year after the fiscal year described in
subparagraph (A).
(3) Estimates required.--If the fiscal year for which the
budget of the President is submitted pursuant to section 1105
of title 31, United States Code, is an unfunded fiscal year
with respect to a covered account, the applicable Secretary
shall include in documents submitted to Congress in support of
the budget detailed estimates of the funds necessary for the
covered account for the fiscal year following the fiscal year
for which the budget is submitted.
(b) Information on Appropriations Estimates.--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 each covered account for which the fiscal year
for which the budget is submitted is an unfunded fiscal year,
as such terms are defined in section 6(a) of the Honoring
Promises to Native Nations Act.''.
SEC. 7. SEQUESTRATION EXEMPTION.
(a) In General.--Section 255 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 905) is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following:
``(k) Indian Health Service and Other Indian Programs and
Accounts.--The following programs and accounts shall be exempt from
reduction under any order issued under this part:
``United States Department of the Interior, Indian Affairs.
``United States Department of Health and Human Services,
Indian Health Service.
``Native Hawaiian Health Care Program.
``Native Hawaiian Education Program.
``Alaska Native Education Program.
``Indian Education Program.
``All programs under the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.).
``Any account for which amounts were made available under
the Honoring Promises to Native Nations Act.
``Any account designated as significant to Indian Tribes
and Native Hawaiian organizations by the Administrator of the
Office of Native Nations in the Office of Management and Budget
under section 8 of the Honoring Promises to Native Nations
Act.''.
(b) Technical and Conforming Amendment.--Section 256(e) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
906(e)) is amended--
(1) in the subsection heading, by striking ``Indian Health
Services and Facilities,''; and
(2) in paragraph (2)--
(A) by striking subparagraphs (C) and (D); and
(B) by redesignating subparagraph (E) as
subparagraph (C).
SEC. 8. OFFICE OF MANAGEMENT AND BUDGET OFFICE OF NATIVE NATIONS.
(a) Establishment.--There is established in the Office of
Management and Budget the Office of Native Nations.
(b) Administrator.--
(1) In general.--The Office of Native Nations shall be
headed by an Administrator, who shall be known as the
Administrator of Native Nations (referred to in this section as
the ``Administrator'').
(2) Career position.--The position of Administrator shall
be a career position in the Office of the Director of
Management and Budget.
(3) Administrative and support services.--The Director of
the Office of Management and Budget shall provide the
Administrator with such administrative and support services as
are necessary to ensure that the Administrator carries out the
duties of the Administrator under this section in an efficient
and expeditious manner.
(c) Duties.--The Director of the Office of Management and Budget
shall delegate to the Administrator responsibility for--
(1) coordinating with the rest of the Office of Management
and Budget and the rest of the Executive branch on matters of
funding for Federal programs and policy affecting American
Indians, Alaska Natives, and Native Hawaiians;
(2) compiling authoritative data on all Federal funding for
Federal programs affecting American Indians, Alaska Natives,
and Native Hawaiians;
(3) ensuring that the budget requests of the Indian Health
Service and the Bureau of Indian Affairs indicate--
(A) how much Federal funding is needed for Federal
programs affecting American Indians, Alaska Natives,
and Native Hawaiians to be fully funded, including how
much funding is needed to perform Federal or non-
divisible duties; and
(B) how far the Federal Government is from
achieving that full funding;
(4) ensuring that personnel from the Office of Native
Nations accompany Office of Management and Budget examiners to
meetings with Federal agencies during the budget development
process;
(5) issuing to Federal agencies budget development guidance
that would fully fund Federal programs affecting American
Indians, Alaska Natives, and Native Hawaiians; and
(6) carrying out the additional responsibilities described
in subsections (d) through (g).
(d) Annual Crosscutting Document.--
(1) In general.--Each fiscal year, the Administrator shall
prepare a crosscutting document containing detailed
information, based on data from all Federal agencies, on the
amount of Federal funding that is reaching Indian tribes,
tribal organizations, Native Hawaiian organizations, and urban
Indian organizations, which data shall be provided by the
Federal agencies at the most granular level practicable.
(2) Requirements.--The document prepared under paragraph
(1) shall--
(A) be provided at the most granular level
practicable, including with respect to the allocation
of Federal funds that are set aside for Indian tribes,
tribal organizations, Native Hawaiian organizations,
and urban Indian organizations;
(B) indicate how funding is obligated, such as by
grant or by formula;
(C) indicate any determinative factors that are
used to award an Indian tribe, tribal organization, or
urban Indian organization competitive grant funding in
cases in which multiple Indian tribes, tribal
organizations, and urban Indian organizations are
competing for the same pool of funds;
(D) indicate the amount of Federal funds that are
allocated to State governments to subsequently
provide--
(i) Federal funding to Indian tribes,
tribal organizations, Native Hawaiian
organizations, or urban Indian organizations,
including whether the provision of the Federal
funding by each State is mandatory or
discretionary; and
(ii) services for the benefit of Indian
tribes, tribal organizations, Native Hawaiian
organizations, or urban Indian organizations;
and
(E) specify--
(i) whether Indian tribes, tribal
organizations, Native Hawaiian organizations,
and urban Indian organizations are competing
against States or units of local government for
competitive grant funding;
(ii) how much pass-through funding is
allocated to Indian tribes;
(iii) how much pass-through funding is
successfully transferred to Indian tribes after
Federal funds are allocated to Indian tribes;
and
(iv)(I) whether the grant funding received
by Indian tribes, tribal organizations, Native
Hawaiian organizations, and urban Indian
organizations is allocated from the same pool
of funds from which States and units of local
government receive grant funding; and
(II) if so, what percentage of the pool of
the allocated funds were disbursed to the
Indian tribes, tribal organizations, Native
Hawaiian organizations, and urban Indian
organizations.
(3) Annual improvement process.--In accordance with the
Tribal consultation policy developed pursuant to subsection
(f), the Administrator shall consult with Indian tribes,
collaborate with Native Hawaiian organizations, and confer with
urban Indian organizations not less frequently than annually to
ascertain how the document prepared under paragraph (1) can be
modified to make the document more useful to Indian tribes,
Native Hawaiian organizations, and urban Indian organizations.
(4) Public availability.--The document prepared under
paragraph (1) shall be made publicly available.
(e) Addition to OMB Analytical Perspectives Volume of Budget.--The
Administrator shall ensure that the Analytical Perspectives volume
prepared by the Office of Management and Budget for the budget of the
President each fiscal year includes provisions on the subject of aid to
Tribal governments, which shall include the information contained in
the annual crosscutting document required under subsection (d) for that
fiscal year.
(f) OMB Tribal Consultation Policy.--
(1) In general.--The Administrator, in consultation with
Indian tribes and in collaboration with Native Hawaiian
organizations, shall develop a Tribal consultation policy
applicable to the Office of Management and Budget that
governs--
(A) the interactions of the Office of Management
and Budget with Indian tribes and Native Hawaiian
organizations; and
(B) the work of the Office of Management and Budget
that has an impact on Indian tribes and Native Hawaiian
organizations.
(2) Approval.--
(A) In general.--The Tribal consultation policy
developed under paragraph (1) shall take effect only on
the approval of the Director of the Office of
Management and Budget.
(B) Deadline.--Not later than 30 days after receipt
of the Tribal consultation policy developed under
paragraph (1), the Director of the Office of Management
and Budget shall approve or disapprove the Tribal
consultation policy.
(g) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall publish a report--
(1) detailing what percentage of Federal funding for
programs affecting American Indians, Alaska Natives, and Native
Hawaiians is provided to States for pass-through funding to
Indian tribes; and
(2) presenting options for Congress and the Executive
branch to ensure that funds received by States and local
entities for the benefit of American Indians, Alaska Natives,
and Native Hawaiians are used for the intended purpose of the
funds, including options--
(A) to eliminate or reduce the prevalence of State
pass-through funding; and
(B) instead to provide direct funding to Indian
tribes and Native Hawaiian organizations.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for fiscal year 2023
and each fiscal year thereafter.
SEC. 9. GAO AUDIT OF CROSSCUTTING INFORMATION.
(a) In General.--Not later than 1 year after the date on which the
Administrator of Native Nations issues the first crosscutting document
under section 8(d), and not less frequently than once every 3 years
thereafter, the Comptroller General of the United States, in
consultation with Indian tribes, in collaboration with Native Hawaiian
organizations, and in conference with urban Indian organizations, shall
conduct, and submit to Congress a report describing the results of, an
audit of the extent to which the processes designed and implemented by
the Administrator of Native Nations accurately produce the information
contained in the crosscutting document.
(b) Inclusions.--Each audit conducted under subsection (a) shall
review all Federal funding that is reaching, or is intended for the
benefit of, Indian tribes, tribal organizations, urban Indian
organizations, and Native Hawaiian organizations.
SEC. 10. WHITE HOUSE COUNCIL FOR NATIVE NATIONS.
(a) In General.--The provisions of Executive Order 13647 (78 Fed.
Reg. 39539 (July 1, 2013)) (as in effect on June 26, 2013) are enacted
into law.
(b) Publication.--In publishing this Act in slip form and in the
United States Statutes at Large pursuant to section 112 of title 1,
United States Code, the Archivist of the United States shall include
after the date of approval at the end an appendix setting forth the
text of the Executive order referred to in subsection (a) (as in effect
on June 26, 2013).
(c) Membership.--
(1) In general.--The White House Council on Native American
Affairs (as established pursuant to subsection (a)) (referred
to in this section as the ``Council'') shall be known as the
``White House Council for Native Nations'' and shall be
composed of the following members:
(A) 2 members shall be appointed by the President
from among elected Tribal leaders from each of the 12
regions of the Bureau of Indian Affairs.
(B) 2 members shall be appointed by the President
from among persons who are representatives of Native
Hawaiian organizations.
(C) 1 member shall be appointed by the President
pro tempore of the Senate, on the recommendation of the
Majority and Minority Leaders of the Senate, from among
Members of the Committee on Indian Affairs of the
Senate, which appointment shall be made, as
applicable--
(i) for the first appointment, not later
than 30 days after the date on which the first
new Congress after the date of enactment of
this Act convenes; and
(ii) for any vacancy, not later than 30
days after the date on which the position
becomes vacant.
(D) 1 member shall be appointed by the Speaker of
the House of Representatives, in consultation with the
Minority Leader of the House of Representatives, from
among the Members of the Subcommittee for Indigenous
Peoples of the United States of the Committee on
Natural Resources of the House of Representatives,
which appointment shall be made, as applicable--
(i) for the first appointment, not later
than 30 days after the date on which the first
new Congress after the date of enactment of
this Act convenes; and
(ii) for any vacancy, not later than 30
days after the date on which the position
becomes vacant.
(E) The members described in clauses (i) through
(xxx) of section 3(a) of the Executive order referred
to in subsection (a) (as in effect on June 26, 2013).
(F) 1 member from each of the following:
(i) The Office of the Deputy Secretary for
Native Nations of the Department of the
Interior.
(ii) The Office of the Assistant Secretary
of Indian Affairs of the Department of the
Interior.
(iii) The Office of Justice Services of the
Bureau of Indian Affairs.
(iv) The Indian Health Service.
(v) The Office of Tribal Justice of the
Department of Justice.
(vi) The Office of Justice Programs of the
Department of Justice.
(vii) The Indian Resources Section of the
Environment and Natural Resource Division of
the Department of Justice.
(viii) The Administration for Native
Americans of the Department of Health and Human
Services.
(ix) The Office of Native Affairs and
Policy of the Federal Communications
Commission.
(x) The Federal Bureau of Investigation.
(xi) The Office on Violence Against Women
of the Department of Justice.
(xii) The Office of Insular Affairs of the
Department of the Interior.
(xiii) The Department of the Navy.
(xiv) The Department of the Army.
(xv) The Administration for Children and
Families of the Department of Health and Human
Services.
(xvi) The Health Resources and Services
Administration for the Department of Health and
Human Services.
(xvii) The Office of Public and Indian
Housing of the Department of Housing and Urban
Development.
(xviii) The Chair of the United States
Commission on Civil Rights.
(xix) A Commissioner of the Federal
Communications Commission.
(G) The heads of such other Executive departments,
agencies, and offices as the Chairperson may from time
to time designate.
(2) Chairperson.--The Secretary of the Interior shall serve
as Chairperson of the Council.
(d) Additional Subcommittees.--The Council shall establish the
following additional subcommittees relating to Native American affairs:
(1) A subcommittee on sacred land.
(2) A subcommittee on children, youth, families, education,
and housing.
(3) A subcommittee on health care, mental health care, and
suicide prevention.
(4) A subcommittee on energy, economic development, and
jobs.
(5) A subcommittee on law enforcement, Tribal justice
systems, and jurisdiction.
(6) A subcommittee on environment.
(7) A subcommittee on connectivity, Tribal spectrum
management, and affordable broadband.
(8) Such other subcommittees as the Council determines
necessary.
SEC. 11. DEPUTY SECRETARY FOR NATIVE NATIONS IN THE DEPARTMENT OF THE
INTERIOR.
(a) Establishment.--There is established in the Department of the
Interior (referred to in this section as the ``Department'') the
position of Deputy Secretary for Native Nations, who shall--
(1) report immediately to the Secretary of the Interior;
and
(2) be equal with the Deputy Secretary of the Interior.
(b) Duties.--The Secretary of the Interior shall delegate to the
Deputy Secretary for Native Nations responsibility for--
(1) honoring Indian treaty obligations and the trust
responsibility of the United States to American Indians and
Alaska Natives, supporting self-determination, promoting self-
sufficiency, and overseeing all affairs related to American
Indians, Alaska Natives, Native Hawaiians, and Indian tribes
under the jurisdiction of the Department;
(2) coordinating with Cabinet-level officials to ensure the
effective provision of Federal support for Tribal self-
government and programs for American Indians, Alaska Natives,
Native Hawaiians, and Indian tribes and services under the
Department; and
(3) implementing Indian treaties, statutes, regulations,
Executive and Secretarial orders, programs, policies, and other
powers related to American Indians, Alaska Natives, Native
Hawaiians, and Indian tribes.
(c) Authority.--
(1) In general.--The Deputy Secretary for Native Nations
shall oversee the following offices and functions:
(A) Assistant Secretary for Indian Affairs.
(B) Bureau of Indian Affairs, including the Office
of Justice Services.
(C) Bureau of Indian Education.
(D) Office of the Special Trustee for American
Indians.
(E) Office of Self-Governance.
(2) Additional authority.--The Deputy Secretary for Native
Nations shall coordinate the Native Nations affairs and
activities of the White House Council on Native Nations for the
President, Vice President, and Cabinet-level officials, subject
to the immediate direction of the Secretary of the Interior.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Deputy Secretary for Native Nations
to carry out the responsibilities of the Deputy Secretary for
Native Nations under this section such sums as are necessary.
SEC. 12. TRIBAL CONSULTATION BY FEDERAL AGENCIES.
(a) Purposes.--The purposes of this section are--
(1) to enumerate a non-exhaustive set of principles to
inform a codification of how Federal agencies should engage in
meaningful and timely Tribal consultation;
(2) to underscore the importance of Tribal consultation in
the fulfilment of the trust and treaty obligations of the
Federal Government;
(3) to affirm Tribal consultation and the principle of
free, prior, and informed consent as rights of Indian tribes,
predicated on Tribal sovereignty and self-determination; and
(4) to affirm the need for the entire Federal Government to
recognize the importance of ``regular and meaningful
consultation and collaboration with tribal officials in the
development of Federal policies that have tribal implications,
to strengthen the United States government-to-government
relationships with Indian tribes, and to reduce the imposition
of unfunded mandates upon Indian tribes,'' as quoted in
Executive Order 13175 and elaborated in the Presidential
Memorandum of January 26, 2021.
(b) Findings.--Congress finds that--
(1) as of January 2021, there existed more than 27
directives, handbooks, plans, policies, orders, and similar
documents implementing various Tribal consultation policies,
totaling more than 300 pages;
(2) the current lack of centralization in Federal agencies'
Tribal consultation policies results in a large number of
policies with which Indian tribes are expected to be familiar
in order to engage in consultation;
(3) the current lack of centralization in Federal agencies'
Tribal consultations--
(A) results in a number of challenges, including
scheduling conflicts and unsustainable drains on the
resources of Indian tribes and the time of Tribal
leaders; and
(B) reflect a lack of respect for Tribal leaders;
(4) Federal agency consultation policies take dramatically
different views on the purpose of Tribal consultation,
resulting in significantly different experiences for Indian
tribes attempting to engage in meaningful nation-to-nation
dialogue; and
(5) history demonstrates that the Federal Government best
serves Native American communities when Tribal governments are
empowered to lead their own communities.
(c) Sense of Congress.--It is the sense of Congress that--
(1) consultation is a right between sovereigns, and the
responsibilities and privileges associated with it cannot be
delegated to other actors;
(2) the purpose of Tribal consultation should be for the
Federal Government to obtain the free, prior, and informed
consent of affected Indian tribes;
(3) Tribal consultation--
(A) is both a right of Indian tribes and a process;
(B) should occur when any Federal rulemaking,
legislation, policy, guidance, operational activity,
grant or funding formula change, or other action may
have a substantial direct effect on Indian tribes;
(C) requires dialogue, which should often take
place through formal face-to-face meetings, but may
also occur through telephonic, electronic, or printed
means;
(D) should be used to empower Tribal governments to
lead their own communities;
(E)(i) should be a collaborative process;
(ii) should be built upon the exchange of
information; and
(iii) should promote enhanced communication that
emphasizes trust, respect, and shared responsibility;
(F) should involve individuals with decision-making
authority; and
(G) in its current form is inadequate and requires
far more from the Federal Government;
(4) the records resulting from consultations between the
Federal Government and Tribal governments should be maintained
and published, subject to the condition that sensitive Tribal
information should be protected;
(5) for Tribal consultation to be effective, both Indian
tribes and the Federal Government should have the capacity to
engage effectively in the consultation process;
(6) any legislation or policy attempting to prescribe the
conditions of Tribal consultation should be preceded by the
gathering of Tribal input with the goal of reaching a consensus
on the proposed legislation; and
(7) Indian tribes--
(A) should be involved in the Tribal consultation
process on their request or as early as practicable;
(B) should have a meaningful remedy for violations
of their right to Tribal consultation;
(C) should be entitled to a codified, formal
dispute resolution process to provide the Indian tribes
with a potential remedy when their rights as sovereigns
are violated by the Federal Government; and
(D) should receive adequate notice, and sufficient
information, about any Tribal consultation sessions.
SEC. 13. INTERAGENCY WORKING GROUP ON DATA COLLECTION.
(a) In General.--Not later 180 days after the date of enactment of
this Act, the Deputy Secretary for Native Nations shall establish a
working group, to be known as the ``Interagency Working Group on Data
Collection for Native Populations'' (referred to in this section as the
``Working Group'').
(b) Purposes.--The purposes of the Working Group are to develop and
improve systems and methodologies for the collection of accurate and
disaggregated data for American Indian, Alaska Native, and Native
Hawaiian populations.
(c) Chairperson; Membership.--
(1) In general.--The Deputy Secretary for Native Nations
shall serve as the Chairperson of the Working Group.
(2) Membership.--
(A) In general.--After engaging in Tribal
consultation, the Deputy Secretary for Native Nations,
in collaboration with the Director of the Bureau of the
Census, shall appoint the members of the Working Group
in accordance with subparagraph (B).
(B) Requirements.--In appointing members of the
Working Group under subparagraph (A), the Deputy
Secretary for Native Nations, in collaboration with the
Director of the Bureau of the Census, shall include--
(i) Tribal leaders representing each of the
12 regions of the Bureau of Indian Affairs;
(ii) Tribal data experts;
(iii) representatives of urban Indian
organizations;
(iv) representatives of Native Hawaiian
organizations; and
(v) other members, as the Deputy Secretary
determines to be necessary.
(d) Meetings.--The Working Group shall meet at the call of the
Chairperson.
(e) Duties.--The duties of the Working Group shall be the
following:
(1) Provide a public report at least every 2 years, and
more often if the Working Group decides it is necessary, which
shall be published on a publicly available website established
by the Working Group, on the following:
(A) How to improve the quality and accuracy of data
relied on by Federal agencies regarding American
Indian, Alaska Native, and Native Hawaiian populations,
including how to achieve appropriate disaggregation
from other populations.
(B) Making recommendations to develop and improve
systems and methodologies that Federal agencies can
replicate for the collection of accurate data on the
populations referred to in subparagraph (A).
(C) How to protect and uphold Tribal data
sovereignty in the collection and use of the data
described in subparagraph (B).
(2) To receive input from Indian tribes, tribal
organizations, urban Indian organizations, Native Hawaiian
organizations, and Federal agencies, on an ongoing basis, about
instances in which the accuracy and quality of the data
described in paragraph (1)(B) requires improvement, to research
how to achieve those improvements, and to make recommendations
based on the findings of that research.
(f) Report.--Not later than 1 year after the date of enactment of
this Act, the Chairperson of the Working Group shall submit an initial
report to the Committees on the Budget, Health, Education, Labor, and
Pensions, and Indian Affairs of the Senate and the Committee on the
Budget, the Subcommittee on Health of the Committee on Energy and
Commerce, and the Subcommittee for Indigenous Peoples of the United
States of the Committee on Natural Resources of the House of
Representatives.
(g) Tribal Consultation.--The Deputy Secretary for Native Nations,
in collaboration with the Director of the Bureau of the Census, shall
ensure that the Working Group engages in robust Tribal consultation
with respect to the work of the Working Group.
(h) Tribal Data Sovereignty.--The Working Group shall conduct all
its work respect for Tribal data sovereignty.
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
TITLE I--CRIMINAL JUSTICE AND PUBLIC SAFETY
SEC. 101. FINDINGS.
Congress finds that--
(1) Tribal law enforcement agencies in American Indian and
Alaska Native communities have fewer officers per capita than
other law enforcement agencies nationwide, leaving residents of
Indian country and Alaska Native Villages less safe and subject
to higher rates of crime;
(2) Native Americans are killed during police encounters at
a higher rate than any other group;
(3) Native Americans suffer as victims of violent crime at
a rate that is 2.5 times the national average;
(4) Native American women are 10 times more likely to be
murdered and 2 times more likely to experience rape or
experience sexual assault crimes;
(5) the criminal justice system in its current form creates
structural barriers and fails to recognize Tribal sovereignty
and inherent Tribal criminal jurisdiction on Tribal lands;
(6) some Indian tribes established Tribal courts before
some State courts;
(7) for example, the Cherokee Nation opened its Supreme
Court in 1822, 23 years before the State of Georgia opened its
own Supreme Court;
(8) Indian tribes historically exercised criminal
jurisdiction over non-Indians who committed crimes on Tribal
lands;
(9) for example, in 1825, the Muscogee (Creek) Nation
passed a law criminalizing rape against women on Creek lands,
which applied to all ``persons'', regardless of Tribal
citizenship status, and the Muscogee (Creek) Nation prosecuted
non-Indian and Indian men who raped women on Creek lands;
(10) the history of inadequate Federal funding for public
safety on Tribal lands and complex legal jurisdiction on Tribal
lands negatively impacts access to counsel in Tribal courts;
(11) in Oliphant v. Suquamish Indian Tribe, 435 U.S. 191,
212 (1978), the Supreme Court concluded that whether Indian
tribes should ``be authorized to try non-Indians'' is a
consideration ``for Congress to weigh'';
(12) the Supreme Court recently affirmed this holding in
June 2021, in United States v. Cooley, 141 S. Ct. 1638, 1643
(2021), concluding once again that ``tribal authority remains
subject to the plenary authority of Congress'';
(13) existing successful Federal and Tribal self-governance
programs working to combat the inequities described in this
section face chronic underfunding; and
(14) the special Tribal criminal jurisdiction exercised by
Indian tribes pursuant to section 204 of Public Law 90-284 (25
U.S.C. 1304) (commonly known as the ``Indian Civil Rights Act
of 1968'') has been a success.
SEC. 102. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Congress should provide more resources for public
safety and other programs of the Department of Justice and the
Bureau of Indian Affairs that make American Indian and Alaska
Native communities safer;
(2) Congress should provide more resources for Tribal law
enforcement agencies, Tribal courts, and Tribal detention
centers to ensure Tribal sovereignty over public safety
programs in Indian country and Alaska Native Villages;
(3) Indian tribes have the inherent sovereign authority to
exercise full criminal jurisdiction over persons--
(A) within the sovereign territory of the Indian
tribe; and
(B) who commit a violation of Tribal criminal law;
(4) the Supreme Court of the United States, in Oliphant v.
Suquamish Indian Tribe, 435 U.S. 191 (1978), violated the
inherent sovereign authority of Indian tribes by wrongly
limiting tribal criminal jurisdiction and removing Tribal
authority to prosecute non-Indians unless authorized by
Congress;
(5) the limitation by the Supreme Court of the United
States of inherent Tribal jurisdiction has effectively granted
non-Indians immunity for crimes committed in Indian country and
Alaska Native Villages, leading to violence and criminal
activity by non-Indians and preventing Indian tribes from
taking recourse;
(6) the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4; 127 Stat. 54) recognized and affirmed the
inherent criminal jurisdiction of Indian tribes over non-
Indians who commit crimes of domestic violence against Indians
in Indian country;
(7) the Violence Against Women Reauthorization Act of 2022
(Public Law 117-103; 136 Stat. 840) recognized and affirmed the
inherent criminal jurisdiction of Indian tribes over non-
Indians who commit crimes of assaults on Tribal justice
personnel, child violence, obstruction of justice, sexual
violence, sex trafficking, and stalking;
(8) the jurisdiction of Indian tribes over the crimes
described in paragraphs (6) and (7) is known as ``special
Tribal criminal jurisdiction'';
(9) the exercise of special Tribal criminal jurisdiction
has allowed many Indian tribes to begin to address the crisis
of violence against American Indian and Alaska Native women by
holding offenders accountable and pursuing justice for victims;
(10) the Indian tribes that have chosen to implement
special domestic violence criminal jurisdiction under the
Violence Against Women Reauthorization Act of 2013 (Public Law
113-4; 127 Stat. 54) have successfully upheld the rights of
defendants under that Act and complied with the requirements of
that Act, including due process protections, but this partial
restoration of Tribal jurisdiction has proven insufficient to
address the range of serious crimes committed by non-Indians in
Indian country and Alaska Native Villages and in violation of
Tribal criminal law, and as a result, a large number of violent
crimes committed against Native victims go unprosecuted; and
(11) Congress has a trust duty and responsibility, stemming
from both the treaties signed with Indian tribes and the
Constitution of the United States, to fund and support strong
Tribal governments, which necessarily includes the funding of
Tribal courts, Tribal law enforcement, and victim services.
SEC. 103. FULL TRIBAL CRIMINAL JURISDICTION.
(a) In General.--Title II of Public Law 90-284 (25 U.S.C. 1301 et
seq.) (commonly known as the ``Indian Civil Rights Act of 1968'') is
amended by adding at the end the following:
``SEC. 205. FULL TRIBAL CRIMINAL JURISDICTION.
``(a) Definitions.--In this section:
``(1) Alaska native village.--The term `Alaska Native
Village' means an Alaska Native Village Statistical Area
covering all or any portion of a Native village (as defined in
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602)), as depicted on the applicable Tribal Statistical Area
Program Verification map of the Bureau of the Census.
``(2) Full criminal jurisdiction.--The term `full criminal
jurisdiction' means the criminal jurisdiction that a
participating tribe may exercise under this section.
``(3) Indian country.--The term `Indian country' has the
meaning given the term in section 1151 of title 18, United
States Code.
``(4) Participating tribe.--The term `participating tribe'
means an Indian tribe that elects to exercise full criminal
jurisdiction over the Indian country or Alaska Native Village
of that Indian tribe.
``(5) Protection order.--The term `protection order'--
``(A) means any injunction, restraining order, or
other order issued by a civil or criminal court for the
purpose of preventing violent or threatening acts or
harassment against, sexual violence against, contact or
communication with, or physical proximity to, another
person; and
``(B) includes any temporary or final order issued
by a civil or criminal court, whether obtained by
filing an independent action or as a pendent lite order
in another proceeding, if the civil or criminal order
was issued in response to a complaint, petition, or
motion filed by or on behalf of a person seeking
protection.
``(b) Nature of the Criminal Jurisdiction.--
``(1) In general.--Notwithstanding any other provision of
law, in addition to all powers of self-government recognized
and affirmed by sections 201 and 203, the powers of self-
government of a participating tribe include the inherent power
of that tribe, which is hereby recognized and affirmed, to
exercise full criminal jurisdiction over any person who--
``(A) commits a violation of tribal criminal law in
the Indian country or Alaska Native Village of that
participating tribe;
``(B) violates a protection order issued by a
Tribal court; or
``(C) commits a violation of tribal law outside of
the Indian country or Alaska Native Village of the
participating tribe but within the inherent
extraterritorial jurisdiction of the participating
tribe.
``(2) Applicability.--Nothing in this section--
``(A) creates or eliminates any Federal or State
criminal jurisdiction over Indian country or an Alaska
Native Village; or
``(B) affects the authority of the United States or
any State that has been delegated authority by the
United States to investigate and prosecute a criminal
violation in Indian country or in an Alaska Native
Village.
``(3) Effect.--The authority of the United States and
certain States described in paragraph (2)(B) shall remain
concurrent to the authority restored to Indian tribes in the
Honoring Promises to Native Nations Act.
``(c) Removal of Limitations on Sentencing.--Subparagraphs (B)
through (D) of section 202(a)(7), section 202(b), and section 202(d)
shall not apply to a participating tribe exercising full criminal
jurisdiction under this section.
``(d) Rights of Defendants.--In a criminal proceeding in which a
participating tribe exercises full criminal jurisdiction over a non-
Indian, the participating tribe shall provide the defendant--
``(1) all applicable rights under this Act;
``(2) all rights described in section 202(c), if a term of
imprisonment of any length is imposed;
``(3) the right to a trial by an impartial jury that is
drawn from sources that--
``(A) reflect a fair cross section of the
community; and
``(B) do not systemically exclude any distinctive
group in the community, including non-Indians; and
``(4) all other rights whose protection is necessary under
the Constitution of the United States in order for Congress to
recognize and affirm the inherent power of the participating
tribe to exercise full criminal jurisdiction over the
defendant.
``(e) Grants to Tribal Governments.--The Attorney General may award
grants to the governments of Indian tribes (or to authorized designees
of those governments)--
``(1) to strengthen tribal criminal justice systems to
assist Indian tribes in exercising full criminal jurisdiction,
including--
``(A) law enforcement, including the capacity of
law enforcement or court personnel to enter information
into and obtain information from national crime
information databases;
``(B) prosecution;
``(C) trial and appellate courts;
``(D) probation systems;
``(E) detention and correctional facilities,
including medical services and health care for inmates;
``(F) alternative rehabilitation centers and
reentry programs;
``(G) culturally appropriate services and
assistance for victims and the families of the victims;
and
``(H) criminal codes and rules of criminal
procedure, appellate procedure, and evidence;
``(2) to provide indigent criminal defendants with the
effective assistance of licensed defense counsel, at no cost to
the defendant, in criminal proceedings in which a participating
tribe prosecutes a crime; and
``(3) to ensure that, in criminal proceedings in which a
participating tribe exercises full criminal jurisdiction,
jurors are summoned, selected, and instructed in a manner
consistent with all applicable requirements.
``(f) Supplement, Not Supplant.--Amounts made available under this
section shall supplement and not supplant any other Federal, State,
tribal, or local government amounts made available to carry out
activities described in this section.
``(g) Authorization of Appropriations.--
``(1) In general.--Subject to paragraph (2), there is
authorized to be appropriated to carry out subsection (e), and
to provide training, technical assistance, data collection, and
evaluation of the criminal justice systems of participating
tribes, and there is appropriated, out of any monies in the
Treasury not otherwise appropriated, $25,000,000 for each of
fiscal years 2023 through 2032.
``(2) Adjustment for inflation.--The amount made available
under paragraph (1) for each of fiscal years 2024 through 2032
shall be adjusted annually to reflect the change in the
Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics.''.
(b) Effective Date; Pilot Project.--
(1) General effective date.--Except as provided in
paragraph (2), subsections (b) through (d) of section 205 of
Public Law 90-284 (commonly known as the ``Indian Civil Rights
Act of 1968'') shall take effect on the date that is 5 years
after the date of enactment of this Act.
(2) Pilot project.--
(A) Requests to participate.--
(i) In general.--Except as provided in
subparagraph (B), at any time during the 5-year
period beginning on the date of enactment of
this Act, an Indian tribe (as defined in
section 201 of Public Law 90-284 (25 U.S.C.
1301) (commonly known as the ``Indian Civil
Rights Act of 1968'')) may ask the Attorney
General to designate the Indian tribe as a
participating tribe under section 205 of Public
Law 90-284 (commonly known as the ``Indian
Civil Rights Act of 1968'') on an accelerated
basis.
(ii) Procedure.--The Attorney General may
grant a request under clause (i) after
coordinating with the Secretary of the
Interior, consulting with affected Indian
tribes, and concluding that the criminal
justice system of the requesting Indian tribe
has adequate safeguards in place to protect the
rights of defendants, consistent with section
205 of Public Law 90-284 (commonly known as the
``Indian Civil Rights Act of 1968'').
(B) Tribes exercising special domestic violence
criminal jurisdiction.--
(i) In general.--At any time during the 5-
year period beginning on the date of enactment
of this Act, a participating tribe (as defined
in section 204(a) of Public Law 90-284 (25
U.S.C. 1304(a)) (commonly known as the ``Indian
Civil Rights Act of 1968'')) (referred to in
this subparagraph as a ``tribe'')--
(I) may elect to exercise full
criminal jurisdiction under section 205
of that Act; and
(II) shall notify the Attorney
General of such election.
(ii) Procedure.--On notification by a tribe
under clause (i)(II), the Attorney General
shall designate the tribe as a participating
tribe under section 205 of Public Law 90-284
(commonly known as the ``Indian Civil Rights
Act of 1968'').
(C) Effective dates for pilot projects.--An Indian
tribe designated as a participating tribe under
subparagraph (A)(ii) or (B)(ii) may commence exercising
full criminal jurisdiction pursuant to subsections (b)
through (d) of section 205 of Public Law 90-284
(commonly known as the ``Indian Civil Rights Act of
1968'') on a date chosen by the Indian tribe, on the
condition that the date shall be--
(i) not earlier than the date that is 15
days after the date on which the Indian tribe
is designated as a participating tribe under
subparagraph (A)(ii) or (B)(ii), as applicable;
and
(ii) not later than the date that is 5
years after the date of enactment of this Act.
(c) Petitions To Stay Detention.--Section 204(e) of Public Law 90-
284 (25 U.S.C. 1304(e)) (commonly known as the ``Indian Civil Rights
Act of 1968'') is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (ii) and (iii), respectively, and indenting
appropriately;
(B) in the matter preceding clause (ii) (as so
redesignated), by striking ``A court'' and inserting
the following:
``(A) In general.--A court'';
(C) in subparagraph (A) (as so designated), by
inserting before clause (ii) (as so redesignated) the
following:
``(i) finds that the person has exhausted
all tribal court remedies;''; and
(D) by adding at the end the following:
``(B) Victimless crimes.--If the crime committed by
a defendant petitioning for a stay under paragraph (1)
is a victimless crime, the court shall not be required
to make a finding described in subparagraph
(A)(iii).''; and
(2) by adding at the end the following:
``(3) Notice.--An Indian tribe that has ordered the
detention of any person has a duty to timely notify the person
of the rights and privileges the person has under this
subsection and under section 203.''.
SEC. 104. BUREAU OF PRISONS TRIBAL PRISONER PROGRAM.
Section 234(c) of the Tribal Law and Order Act of 2010 (25 U.S.C.
1302a) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B), by striking ``(comparable
to the'' and all that follows through ``United States
Code)''; and
(B) by striking subparagraph (D); and
(2) by striking paragraph (4).
SEC. 105. TRIBAL JUSTICE SYSTEMS.
(a) In General.--Section 103(a) of the Indian Tribal Justice Act
(25 U.S.C. 3613(a)) is amended--
(1) by striking the subsection designation and heading and
all that follows through ``Pursuant to'' and inserting the
following:
``(a) Authorization.--
``(1) In general.--Pursuant to''; and
(2) by adding at the end the following:
``(2) Requirement.--The Secretary shall enter into
contracts, grants, or agreements with Indian tribes under
paragraph (1) without regard to whether the Indian tribe is
located in a State listed in section 1162(a) of title 18,
United States Code, or section 1360(a) of title 28, United
States Code.''.
(b) Funding.--Section 201 of the Indian Tribal Justice Act (25
U.S.C. 3621) is amended--
(1) in each of subsections (a), (c), and (d), by striking
``2011 through 2015'' each place it appears and inserting
``2022 through 2026''; and
(2) by striking subsection (b) and inserting the following:
``(b) Base Support Funding for Tribal Justice Systems.--
``(1) In general.--There are authorized to be appropriated
to carry out section 103, and there are appropriated, out of
any monies in the Treasury not otherwise appropriated--
``(A) $83,000,000 for fiscal year 2023;
``(B) $140,000,000 for fiscal year 2024;
``(C) $200,000,000 for fiscal year 2025;
``(D) $259,000,000 for fiscal year 2026; and
``(E) $318,000,000 for fiscal year 2027.
``(2) Adjustment for inflation.--The amount made available
under paragraph (1) for each of fiscal years 2024 through 2027
shall be adjusted annually to reflect the change in the
Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics.''.
SEC. 106. GRANTS TO INDIAN TRIBES UNDER PUBLIC SAFETY AND COMMUNITY
POLICING GRANT PROGRAM.
Section 1701(j) of the Omnibus Crime Control and Safe Streets Act
of 1968 (34 U.S.C. 10381(j)) is amended--
(1) in paragraph (2)--
(A) by striking ``In providing'' and inserting the
following:
``(A) In general.--In providing''; and
(B) by adding at the end the following:
``(B) Requirement.--The Attorney General shall
provide grants to Indian tribal governments under this
subsection without regard to whether the Indian tribe
of the Indian tribal government is located in a State
listed in section 1162(a) of title 18, United States
Code, or section 1360(a) of title 28, United States
Code.''; and
(2) by striking paragraph (4) and inserting the following:
``(4) Funding.--
``(A) In general.--Subject to subparagraph (B),
there is authorized to be appropriated to carry out
this subsection, and there is appropriated, out of any
monies in the Treasury not otherwise appropriated,
$52,000,000 for fiscal year 2023 and each fiscal year
thereafter.
``(B) Adjustment for inflation.--The amount made
available under subparagraph (A) for fiscal year 2024
and each fiscal year thereafter shall be adjusted
annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau
of Labor Statistics.''.
SEC. 107. BUREAU OF INDIAN AFFAIRS LAW ENFORCEMENT AND DETENTION.
(a) In General.--There is authorized to be appropriated to the
Director of the Bureau of Indian Affairs to carry out the law
enforcement and detention activities of the Bureau of Indian Affairs,
and there is appropriated, out of any monies in the Treasury not
otherwise appropriated, $1,200,000,000 for fiscal year 2023 and each
fiscal year thereafter.
(b) Adjustment for Inflation.--The amount made available under
subsection (a) for fiscal year 2024 and each fiscal year thereafter
shall be adjusted annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau of Labor
Statistics.
(c) Requirement.--The Director of the Bureau of Indian Affairs
shall provide law enforcement and detention services to Tribal
communities without regard to whether the Tribal community is located
in a State listed in section 1162(a) of title 18, United States Code,
or section 1360(a) of title 28, United States Code.
SEC. 108. WRITTEN CONSENT OF AN INDIAN TRIBE PRIOR TO AN EXECUTION OF A
TRIBAL MEMBER BY THE UNITED STATES.
Section 3598 of title 18, United States Code, is amended--
(1) by striking ``under this chapter for any offense the
Federal jurisdiction for'' and inserting the following: ``under
this chapter for--
``(1) any offense the Federal jurisdiction for'';
(2) by striking ``within the boundaries of Indian
country,'' and inserting the following: ``within the boundaries
of Indian country; or
``(2) any offense the Federal jurisdiction for which is
predicated solely on the offender's use or taking of an object
that has been transported, shipped, or received in interstate
or foreign commerce, when the offender was not directly
involved in such transportation, shipping, or receiving,''; and
(3) by striking ``unless the governing body'' and inserting
the following:
``unless the governing body''.
SEC. 109. INDIAN VICTIMS OF CRIME.
(a) Grant Program for Indian Crime Victim Services.--The Victims of
Crime Act of 1984 (34 U.S.C. 20101 et seq.) is amended by inserting
after section 1404F the following:
``SEC. 1404G. GRANT PROGRAM FOR INDIAN CRIME VICTIM SERVICES.
``(a) Definitions.--In this section:
``(1) Eligible indian tribe.--The term `eligible Indian
tribe' means an Indian tribe that submits a written proposal
for a covered grant to the Director in accordance with
subsection (c)(2).
``(2) Immediate family member.--The term `immediate family
member' has the meaning given the term in section 115(c) of
title 18, United States Code.
``(3) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(4) Personally identifying information.--The term
`personally identifying information' has the meaning given the
term in section 40002(a) of the Violence Against Women Act of
1994 (34 U.S.C. 12291(a)).
``(5) Services to victims of crime.--The term `services to
victims of crime'--
``(A) has the meaning given the term in section
1404; and
``(B) includes efforts that--
``(i) respond to the emotional,
psychological, or physical needs of a victim of
crime;
``(ii) assist a victim of crime in
stabilizing his or her life after
victimization;
``(iii) assist a victim of crime in
understanding and participating in the criminal
justice system; or
``(iv) restore a measure of security and
safety for a victim of crime.
``(6) Victim of crime.--The term `victim of crime' means an
individual who has suffered direct physical, sexual, financial,
or emotional harm as a result of the commission of a crime.
``(b) Duties of Director.--The Director shall--
``(1) administer the grant program described in subsection
(c);
``(2) provide planning, research, training, and technical
assistance to recipients of covered grants; and
``(3) coordinate with the Office of Tribal Justice, the
Indian Health Service, and the Bureau of Indian Affairs in
implementing the grant program described in subsection (c).
``(c) Grant Program.--
``(1) In general.--On an annual basis, the Director shall
make grants to eligible Indian tribes for the purposes of
funding--
``(A) a program, administered by one or more Indian
tribes, that provides services to victims of crime,
which may be provided in traditional form or through
electronic, digital, or other technological formats,
including--
``(i) services to victims of crime provided
through subgrants to agencies or departments of
Tribal governments or nonprofit organizations;
``(ii) domestic violence shelters, rape
crisis centers, child abuse programs, child
advocacy centers, and elder abuse programs
providing services to victims of crime;
``(iii) medical care, equipment, treatment,
and related evaluations arising from the
victimization, including--
``(I) emergency medical care and
evaluation, nonemergency medical care
and evaluation, psychological and
psychiatric care and evaluation, and
other forms of medical assistance,
treatment, or therapy, regardless of
the setting in which the services are
delivered;
``(II) mental and behavioral health
and crisis counseling, evaluation, and
assistance, including outpatient
therapy, counseling services, substance
abuse treatment, and other forms of
specialized treatment, including
intervention and prevention services;
``(III) prophylactic treatment to
prevent an individual from contracting
HIV/AIDS or any other sexually
transmitted disease or infection; and
``(IV) forensic medical evidence
collection examinations and forensic
interviews of victims of crime--
``(aa) to the extent that
other funding sources are
unavailable or insufficient;
and
``(bb) on the condition
that, to the extent
practicable, the examiners and
interviewers follow relevant
guidelines or protocols issued
by the State, unit of local
government, or Indian tribe
with jurisdiction over the area
in which the examination or
interview is conducted;
``(iv) legal services, legal assistance
services, and legal clinics (including services
provided by pro bono legal clinics and
practitioners), the need for which arises
directly from the victimization;
``(v) the training and certification of
service animals and therapy animals;
``(vi) equipment for Braille or TTY/TTD
machines for the deaf necessary to provide
services to victims of crime;
``(vii) restorative justice opportunities
that allow victims of crime to meet with the
perpetrators if the meetings are voluntarily
agreed to by the victim of crime and are for
therapeutic purposes; and
``(viii) training and related materials,
including books, training manuals, and training
videos, for staff and service providers to
develop skills necessary to offer quality
services to victims of crime;
``(B) the development or implementation of
training, technical assistance, or professional
development that improves or enhances the quality of
services to victims of crime, including coordination
between healthcare, education, and justice systems;
``(C) the transportation of victims of crime--
``(i) to receive services; or
``(ii) to participate in criminal justice
proceedings;
``(D) emergency legal assistance to victims of
crime that is directly connected to the crime;
``(E) the supervision of direct service providers
and contracts for professional or specialized services
that are related directly to providing services to
victims of crime;
``(F) the repair and replacement of essential items
used during the provision of services to victims of
crime to contribute to and maintain a healthy and safe
environment for the victims;
``(G) transitional housing for victims of crime,
particularly victims who have a particular need for
such housing and cannot safely return to previous
housing, including travel, rental assistance, security
deposits, utilities, and other related costs that are
incidental to the relocation to transitional housing;
``(H) the relocation of victims of crime,
particularly where necessary for the safety and well-
being of the victim, including reasonable moving
expenses, security deposits for housing, rental
expenses, and utility startup costs;
``(I) the coordination of activities that
facilitate the provision of direct services to victims
of crime;
``(J) a multisystem, interagency, multidisciplinary
response to the needs of victims of crime; and
``(K) the administration of the program and
services described in this section.
``(2) Eligibility.--An Indian tribe seeking a covered grant
shall, in response to a request for proposal, submit to the
Director a written proposal for a covered grant.
``(3) No matching requirement.--A recipient or subrecipient
of a covered grant shall not be required to make a matching
contribution for Federal dollars received.
``(d) Protection of Crime Victim Confidentiality and Privacy.--
``(1) Annual reports.--In order to ensure the safety of
victims of crime and immediate family members of victims of
crime, recipients and subrecipients of covered grants shall
protect the confidentiality and privacy of individuals
receiving services from the recipient or subrecipient.
``(2) Nondisclosure.--
``(A) In general.--Subject to paragraphs (3) and
(4), a recipient or subrecipient of a covered grant
shall not disclose, reveal, or release any personally
identifying information collected in connection with
any service requested, used, or denied through a
program of the recipient or subrecipient or require the
release of personally identifying information as a
condition of eligibility for the services provided by
the recipient or subrecipient--
``(i) regardless of whether the information
has been encoded, encrypted, hashed, or
otherwise protected; and
``(ii) subject to subparagraph (B) and the
condition that consent for release may not be
given by an abuser of the minor, an abuser of a
parent or guardian of a minor, or an
incapacitated individual, absent the informed,
written, reasonably time-limited consent of--
``(I) the individual about whom
information is sought;
``(II) in the case of an
emancipated minor, the minor, and the
parent or guardian; or
``(III) in the case of legal
incapacity, a court-appointed guardian.
``(B) Certain minors and other individuals.--If a
minor or individual with a legally appointed guardian
may lawfully receive services without the consent of a
parent or guardian, that minor or individual may
consent to the release of information under
subparagraph (A)(ii) without the additional consent of
a parent or guardian.
``(3) Release.--If the release of information described in
paragraph (2) is compelled by a statutory or court mandate, a
recipient or subrecipient of a covered grant shall--
``(A) make reasonable attempts to provide notice to
victims of crime affected by the disclosure of
information; and
``(B) take steps necessary to protect the privacy
and safety of the individuals affected by the release
of the information.
``(4) Information sharing.--A recipient or subrecipient of
a covered grant may share--
``(A) data in the aggregate that is not personally
identifying information regarding services to clients
and demographics in order to comply with Federal,
State, Tribal, or territorial reporting, evaluation, or
data collection requirements;
``(B) court-generated and law enforcement-generated
information contained in secure governmental registries
for protection order enforcement purposes; and
``(C) law enforcement-generated and prosecution-
generated information necessary for law enforcement and
prosecution purposes.
``(e) Availability of Grant Funds.--Any amount awarded under a
covered grant that remains unobligated at the end of the fiscal year in
which the grant is made may be expended for the purpose for which the
grant was made at any time during the 10 succeeding fiscal years, at
the end of which period, any unobligated sums shall remain available to
the Director for award under this section in the following fiscal year.
``(f) Effect.--Nothing in this section prohibits--
``(1) an Indian tribe from contracting for the
administration of a program or activity funded under this
section; or
``(2) multiple Indian tribes or Tribal organizations from
forming a consortium for any of the purposes described in this
section.
``(g) Funding.--The grant program established under this section
shall be carried out using amounts made available under section
1402(d)(1).
``(h) Term.--This section shall be effective for the first 10
fiscal years beginning after the date of enactment of this section.''.
(b) Funding for Grants for Tribal Victims of Crime.--Section
1402(d) of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)) is
amended--
(1) by inserting before paragraph (2) the following:
``(1) For each of the first 10 fiscal years beginning after
the date of enactment of the Honoring Promises to Native
Nations Act, 5 percent of the total amount in the Fund
available for obligation during a fiscal year shall be made
available to the Director to make grants under section
1404G.'';
(2) in paragraph (2)(A), by inserting ``after compliance
with paragraph (1)'' after ``deposited in the Fund'';
(3) in paragraph (3)(A), in the matter preceding clause
(i), by striking ``paragraph (2)'' and inserting ``paragraphs
(1) and (2)''; and
(4) in paragraph (5)(A), by inserting ``(1),'' before
``(2)'' each place that term appears.
(c) Regulations Regarding Indian Tribes.--
(1) Existing regulations.--Any regulation, rule, or
guidance promulgated by the Director of the Office for Victims
of Crime before the date of enactment of this Act shall have no
force or effect with respect to section 1404G of the Victims of
Crime Act of 1984, as added by subsection (a).
(2) Negotiated rulemaking.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Director of the
Office for Victims of Crime, in consultation with the
Secretary of the Interior and Indian tribes (as defined
in section 1404G(a) of the Victims of Crime Act of
1984) and through notice and comment negotiated
rulemaking, following the provisions of subchapter III
of chapter 5 of title 5, United States Code (commonly
known as the `Negotiated Rulemaking Act of 1990'),
shall promulgate final regulations carrying out section
1404G of the Victims of Crime Act of 1984.
(B) Requirements.--The Director of the Office for
Victims of Crime shall ensure that--
(i) not fewer than 2 Indian tribes from
each Bureau of Indian Affairs region
participate in the consultation; and
(ii) small, medium, and large land-based
Indian tribes are represented.
SEC. 110. VICTIM ADVOCATES FOR NATIVE AMERICANS.
Section 2001(b)(23) title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10441(b)(23)) is amended by striking
``domestic violence, dating violence, sexual assault, and stalking''
and inserting ``crime''.
SEC. 111. SPECIAL TRIBAL CRIMINAL JURISDICTION.
Section 204(j)(1) of Public Law 90-284 (25 U.S.C. 1304(j)(1))
(commonly known as the ``Indian Civil Rights Act of 1968'') is amended,
in the matter preceding subparagraph (A), by striking ``There is
authorized to be appropriated $25,000,000'' and inserting ``There is
authorized to be appropriated, and there is appropriated, out of any
monies in the Treasury not otherwise appropriated, $50,000,000''.
SEC. 112. NATIONAL INDIAN COUNTRY CLEARINGHOUSE ON SEXUAL ASSAULT.
(a) In General.--There is authorized to be appropriated, and there
is appropriated, out of any monies in the Treasury not otherwise
appropriated, $1,000,000 for fiscal year 2023 and each fiscal year
thereafter for grants, contracts, cooperative agreements, and other
assistance for a national clearinghouse that provides training and
technical assistance on issues relating to sexual assault of Indian and
Alaska Native women.
(b) Adjustment for Inflation.--The amount made available under
subsection (a) for fiscal year 2024 and each fiscal year thereafter
shall be adjusted annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau of Labor
Statistics.
SEC. 113. TRIBAL ACCESS PROGRAM.
Section 534(d) of title 28, United States Code, is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``(including entities designated by an Indian
tribe as maintaining public safety within the territorial
jurisdiction of the Indian tribe)'' after ``law enforcement
agencies''; and
(2) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) Funding.--There is authorized to be
appropriated, and there is appropriated, out of any
monies in the Treasury not otherwise appropriated,
$60,000,000 for fiscal year 2023, to remain available
until expended, to carry out the Tribal Access Program
under subparagraph (A).''.
SEC. 114. TIWAHE INITIATIVE.
(a) In General.--There is authorized to be appropriated to carry
out the Tiwahe Initiative of the Bureau of Indian Affairs, and there is
appropriated, out of any monies in the Treasury not otherwise
appropriated, $1,000,000,000 for fiscal year 2023 and each fiscal year
thereafter.
(b) Adjustment for Inflation.--The amount made available under
subsection (a) for fiscal year 2024 and each fiscal year thereafter
shall be adjusted annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau of Labor
Statistics.
SEC. 115. REVIEWS ON NATIVE HAWAIIAN INTERACTIONS WITH LAW ENFORCEMENT.
(a) Public Safety and Criminal Justice.--
(1) Review on law enforcement affecting native hawaiians.--
(A) In general.--The Department of Justice shall
conduct a comprehensive review of law enforcement and
other crime prevention programs for various crimes
affecting Native Hawaiian populations, including child
sexual exploitation, child abuse, intimate partner
violence, human trafficking, and substance abuse.
(B) Report.--Not later than 1 year after the date
of enactment of this Act, the Department of Justice
shall submit to Congress a report summarizing the
review required under subparagraph (A), which shall
include the amount of Federal funding for the programs
referred to in that subparagraph received by Native
Hawaiian-serving organizations as a percentage of the
total amount spent on those programs.
(2) Review of native hawaiian victims of various crimes.--
(A) In general.--The Department of Justice shall
conduct a comprehensive review of programs that provide
services to victims of various crimes affecting Native
Hawaiian populations, including child sexual
exploitation, child abuse, intimate partner violence,
human trafficking, and substance abuse.
(B) Report.--Not later than 1 year after the date
of enactment of this Act, the Department of Justice
shall submit to Congress a report summarizing the
review required under subparagraph (A), which shall
include the amount of Federal funding for the programs
referred to in that subparagraph received by Native
Hawaiian-serving organizations as a percentage of the
total amount spent on those programs.
(3) Review of native hawaiians in the criminal justice
system.--
(A) In general.--The National Institute of Justice,
in coordination with the Bureau of Justice Statistics,
shall conduct a comprehensive review on the Native
Hawaiian population involved in the criminal justice
system, including--
(i) arrests;
(ii) detention in Federal, State, and local
jails;
(iii) pretrial supervision;
(iv) post-conviction supervision;
(v) incarceration in Federal and State
prisons; and
(vi) post-release supervision.
(B) Report.--Not later than 1 year after the date
of enactment of this Act, the National Institute of
Justice, in coordination with the Bureau of Justice
Statistics, shall submit to Congress a report
summarizing the review required under subparagraph (A),
which shall include--
(i) the Native Hawaiian population as a
percentage of the total population of the
United States that is involved in the criminal
justice system;
(ii) information on the programs and
services available to, and used by, Native
Hawaiians in various jurisdictions, including
diversion programs, in-prison education
programs, and reentry services; and
(iii) the number of culturally relevant
programs available to justice-involved Native
Hawaiians.
TITLE II--HEALTH CARE
SEC. 201. FINDINGS.
Congress finds that--
(1) funding for the Indian Health Service and health care
for American Indians and Alaska Natives is inequitable and
unequal;
(2) Indian Health Service expenditures per capita are well
below other Federal healthcare programs, which results in--
(A) unacceptable health conditions of American
Indians and Alaska Natives; and
(B) American Indians and Alaska Natives living
sicker and dying younger than other individuals in the
United States;
(3) the urban Indian health care budget has failed to keep
pace with urban Indian population growth or inflation, and that
severe underfunding impedes fulfillment of the trust and treaty
obligations of the Federal Government;
(4) due to chronic underfunding to healthcare programs that
serve American Indians and Alaska Natives, American Indians and
Alaska Natives face overwhelming health disparities compared to
other populations, including--
(A) having lower life expectancies and experiencing
a disproportionate number of diseases; and
(B) dying at higher rates than other individuals in
the United States from chronic liver disease,
cirrhosis, diabetes mellitus, unintentional injuries,
intentional self-harm and suicide, and chronic lower
respiratory diseases;
(5) the significant decline of third-party reimbursements
for care, as clinics serving Tribal areas operate with limited
staff and cancel non-essential procedures and visits, is
affecting Tribal resources, which--
(A) reduces the amount that Tribal health
facilities can bill Medicare, Medicaid, or other
private insurances for reimbursement of services; and
(B) poses a threat to the continuity of operations
of those facilities;
(6)(A) section 10221 of the Patient Protection and
Affordable Care Act (Public Law 111-148; 124 Stat. 935)
permanently reauthorized the Indian Health Care Improvement Act
(25 U.S.C. 1601 et seq.) in the hope of reducing health
disparities faced by Native Americans; but
(B) many of the provisions of the Indian Health Care
Improvement Act (25 U.S.C. 1601 et seq.) remain underfunded;
and
(7) the Native Hawaiian Health Care Improvement Act (42
U.S.C. 11701 et seq.) authorized the Native Hawaiian Health
Care Program--
(A) to improve the health status of Native
Hawaiians; and
(B) to provide Native Hawaiian health care programs
with the resources necessary to improve the health
status of Native Hawaiians.
SEC. 202. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) funding for the delivery of health care to American
Indians, Alaska Natives, and Native Hawaiians through the
Indian Health Service, Indian tribes, tribal organizations,
urban Indian organizations, and the Native Hawaiian Health Care
Program should be fully funded;
(2) the funding described in paragraph (1) should be
mandatory;
(3) Congress should allocate funding to job training and
tuition reimbursement programs to increase the number of
clinicians and non-medical health care staff serving American
Indians, Alaska Natives, Native Hawaiians, and Indian tribes;
(4) Congress should provide funding under the Medicare
program under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) and the Medicaid program under title XIX of that
Act (42 U.S.C. 1396 et seq.) directly to Indian tribes and end
the practice of pass-through of funds through States;
(5)(A) the Indian Health Care Improvement Act (25 U.S.C.
1601 et seq.) is crucial to protecting the health and well-
being of American Indians and Alaska Natives;
(B) all of the provisions of that Act should be implemented
and fully funded; and
(C) in accordance with section 3 of that Act (25 U.S.C.
1602), it is the policy of the United States, in fulfillment of
the special trust responsibilities and legal obligations to
Indians of the United States, including Indians living in urban
settings--
(i) to ensure the highest possible health status
for Indians and to provide all resources necessary to
effect that policy;
(ii) to raise the health status of Indians to at
least the levels set forth in the goals contained
within the Healthy People 2010 initiative or successor
objectives;
(iii) to ensure maximum Indian participation in the
direction of health care services so as to render the
persons administering such services and the services
themselves more responsive to the needs and desires of
Indian communities;
(iv) to increase the proportion of all degrees in
the health professions and allied and associated health
professions awarded to Indians so that the proportion
of Indian health professionals in each Indian Health
Service area is raised to at least the level of that of
the general population;
(v) to require that all actions under that Act
shall be carried out with active and meaningful
consultation with Indian tribes, and conference with
tribal organizations and urban Indian organizations, to
implement that Act and the national policy of Indian
self-determination;
(vi) to ensure that the United States and Indian
tribes work in a government-to-government relationship
to ensure quality health care for all Tribal members;
and
(vii) to provide funding for programs and
facilities operated by Indian tribes and tribal
organizations in amounts that are not less than the
amounts provided to programs and facilities operated
directly by the Indian Health Service;
(6) legal challenges to that Act and the Patient Protection
and Affordable Care Act (Public Law 111-148; 124 Stat. 119) are
harmful;
(7) legislation to address the opioid and substance use
epidemic facing American Indian, Alaska Native, and Native
Hawaiian communities (known as the ``Comprehensive Addiction
Resources Emergency Act of 2021'', S. 3418 and H.R. 6311, 117th
Congress, as introduced on December 16, 2021) should be enacted
without delay; and
(8) legislation to provide significant resources to Indian
tribes to combat child abuse and neglect (known as the
``American Indian and Alaska Native Child Abuse Prevention and
Treatment Act'', S. 1868 and H.R. 1566, 117th Congress, as
introduced on May 26, 2021, and March 3, 2021, respectively)
should be enacted without delay.
SEC. 203. MANDATORY FUNDING FOR INDIAN HEALTH SERVICE.
(a) Establishment.--There is established in the Treasury an
account, to be known as the ``Indian Health Services Operations
Account'', into which shall be deposited all amounts appropriated or
otherwise made available according to the recommendations of the
national Tribal Budget Formulation Workgroup, as of the date of
enactment of this Act, to carry out the Indian Health Care Improvement
Act (25 U.S.C. 1601 et seq.) and any other program relating to or
operated by the Indian Health Service.
(b) Appropriation.--There are authorized to be appropriated, and
there are appropriated, out of any monies in the Treasury not otherwise
appropriated, the following amounts, which shall be deposited in the
Indian Health Services Operations Account:
(1) For fiscal year 2023, $50,138,679,000.
(2) For fiscal year 2024, $51,416,373,000.
(3) For fiscal year 2025 and each fiscal year thereafter,
an amount equal to the sum of--
(A) the amount appropriated for the previous fiscal
year, as adjusted annually to reflect the change in the
medical care component of the consumer price index for
all urban consumers (U.S. city average); and
(B) as applicable--
(i) 1.8 percent of the amount appropriated
for the previous fiscal year; or
(ii) the percentage of the amount
appropriated for the previous fiscal year
determined under subsection (c)(2).
(c) Adjustments After Fiscal Year 2024.--
(1) Study.--Not later than September 30, 2024, and not less
frequently than once every 10 years thereafter, the Comptroller
General of the United States shall conduct a study, in
consultation with Indian tribes, to determine whether the
population served by the Indian Health Service has continued to
grow by 1.8 percent per year.
(2) Adjustment.--If the Comptroller General determines
under the study conducted under paragraph (1) that the actual
rate of growth of the population described in that paragraph is
higher than 1.8 percent, for purposes of subsection
(b)(3)(B)(ii), the percentage by which the amount appropriated
for the previous fiscal year shall be adjusted to reflect the
actual rate of growth determined by the study.
(d) Shortfalls and Report.--
(1) In general.--Not later than the end of fiscal year
2023, the Secretary of Health and Human Services shall submit
to the Committees on the Budget, Health, Education, Labor, and
Pensions, and Indian Affairs of the Senate and the Committee on
the Budget, the Subcommittee on Health of the Committee on
Energy and Commerce, and the Subcommittee for Indigenous
Peoples of the United States of the Committee on Natural
Resources of the House of Representatives a publicly available
report, developed in consultation with Indian tribes, that
proposes an item of appropriation, according to the
recommendations of the national Tribal Budget Formulation
Workgroup, for shortfalls for funds related to the lease of a
facility used for administration and delivery of Indian Health
Service programs pursuant to section 105(l) of the Indian Self-
Determination Act (25 U.S.C. 5324(l)), including supporting
documentation on the methods used by the Secretary of Health
and Human Services to determine the amount of shortfalls.
(2) Additional appropriations.--
(A) Facility leasing.--
(i) In general.--In addition to the amount
appropriated for a fiscal year for the Indian
Health Services Operations Account, there is
authorized to be appropriated for fiscal year
2023, and each fiscal year thereafter, and
there is appropriated, out of any monies in the
Treasury not otherwise appropriated, the amount
requested by the report under paragraph (1).
(ii) Adjustment for inflation.--The amount
made available under clause (i) for fiscal year
2024 and each fiscal year thereafter shall be
adjusted annually to reflect the change in the
medical care component of the consumer price
index for all urban consumers (U.S. city
average).
(B) Contract support costs.--In addition to the
amount appropriated for a fiscal year for the Indian
Health Services Operations Account, there is authorized
to be appropriated for fiscal year 2023, and each
fiscal year thereafter, for contract support costs
described in section 106 of the Indian Self-
Determination Act (25 U.S.C. 5325) an amount determined
by the Secretary of the Interior to cover any
shortfalls for the operation of the programs and
portions for periods covered by the contract support
costs.
SEC. 204. SANITATION FACILITIES CONSTRUCTION PROGRAM.
Section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), is
amended by adding at the end the following:
``(d) Funding.--
``(1) In general.--There are authorized to be appropriated,
and there are appropriated, out of any monies in the Treasury
not otherwise appropriated, to carry out this section--
``(A) $1,200,000,000 for each of fiscal years 2023
through 2025; and
``(B) $1,900,000,000 for fiscal year 2026 and each
fiscal year thereafter.
``(2) Adjustment for inflation.--The amount made available
under paragraph (1) for fiscal year 2024 and each fiscal year
thereafter shall be adjusted annually to reflect the change in
the Consumer Price Index for All Urban Consumers published by
the Bureau of Labor Statistics.''.
SEC. 205. SPECIAL DIABETES PROGRAMS FOR INDIANS.
Section 330C of the Public Health Service Act (42 U.S.C. 254c-3) is
amended--
(1) in subsection (c)(2)--
(A) by redesignating subparagraphs (A) through (D)
as clauses (i) through (iv), respectively, and
indenting appropriately;
(B) in the matter preceding clause (i) (as so
redesignated), by striking ``For the purpose'' and
inserting the following:
``(A) In general.--For the purpose'';
(C) in subparagraph (A) (as so redesignated)--
(i) in clause (iii) (as so redesignated),
by striking ``and'' at the end;
(ii) in clause (iv) (as so redesignated),
by striking ``2023, to remain available until
expended.'' and inserting ``2022; and''; and
(iii) by adding at the end the following:
``(v) subject to subparagraph (B),
$300,000,000 for each of fiscal years 2023
through 2032, to remain available until
expended.''; and
(D) by adding at the end the following:
``(B) Adjustment for inflation.--The amount
authorized to be appropriated under subparagraph (A)(v)
for each of fiscal years 2024 through 2032 shall be
adjusted annually to reflect the change in the medical
care component of the consumer price index for all
urban consumers (U.S. city average).'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Requirement.--Grants provided under subsection (a) shall be
subject to the requirements of section 7(b) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5307(b)).''.
SEC. 206. SPECIAL DIABETES PROGRAM FOR NATIVE HAWAIIANS.
Section 6 of the Native Hawaiian Health Care Improvement Act (42
U.S.C. 11705) is amended by adding at the end the following:
``(i) Special Diabetes Program for Native Hawaiians.--
``(1) In general.--The Secretary shall make grants for
providing services for the prevention and treatment of diabetes
in accordance with subsection (b).
``(2) Services through native hawaiian health care systems
facilities.--For purposes of subsection (a), services under
such subsection are provided in accordance with this subsection
if these services are provided through the Native Hawaiian
Health Care Systems.
``(3) Appropriations.--For the purpose of making grants
under this section, there is appropriated, out of any money in
the Treasury not otherwise appropriated, $9,000,000 for each
fiscal year.''.
SEC. 207. PERMANENT EXTENSION OF FULL FEDERAL MEDICAL ASSISTANCE
PERCENTAGE TO URBAN INDIAN ORGANIZATIONS.
Section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is
amended, in the third sentence, by striking ``for the 8 fiscal year
quarters beginning with the first fiscal year quarter beginning after
the date of the enactment of the American Rescue Plan Act of 2021'' and
inserting ``for each fiscal quarter beginning on or after April 1,
2021''.
SEC. 208. QUALIFIED INDIAN PROVIDER SERVICES.
Section 1905 of the Social Security Act (42 U.S.C. 1396d) is
amended--
(1) in subsection (a)(2)--
(A) by striking ``, and (C)'' and inserting ``,
(C)''; and
(B) by inserting ``, and (D) qualified Indian
provider services (as defined in subsection (l)(4))''
after ``included in the plan''; and
(2) in subsection (l), by adding at the end the following:
``(4)(A) The term `qualified Indian provider services'
means services--
``(i) for which medical assistance is otherwise
available under the State plan (or a waiver of such
plan); and
``(ii) that are furnished by an Indian health care
provider (as defined in subparagraph (B)) to an
individual who--
``(I) is eligible for medical assistance
under the State plan (or waiver); and
``(II) is eligible to receive services from
the Indian Health Service.
``(B) The term `Indian health care provider' means a health
program operated by the Indian Health Service or by an Indian
tribe or Tribal organization (as defined in section 4 of the
Indian Health Care Improvement Act (25 U.S.C. 1603)) or inter-
tribal consortium (as defined in section 501(a) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5381(a))) or through an urban Indian organization (as defined
in section 4 of the Indian Health Care Improvement Act (25
U.S.C. 1603)) operating pursuant to a grant or contract with
the Indian Health Service under title V of the Indian Health
Care Improvement Act or as a permanent program within the
Indian Health Services direct care program.
``(C) Notwithstanding any other provision of law, qualified
Indian provider services may be provided by authorized non-
physician practitioners working within the scope of their
license, certification, or authorized practice under Federal,
State, or tribal law.''.
SEC. 209. REMOVE LIMITATION ON PAYMENT FOR SERVICES FURNISHED BY INDIAN
HEALTH CARE PROVIDERS OUTSIDE A CLINIC FACILITY.
Section 1905(a)(9) of the Social Security Act (42 U.S.C.
1396d(a)(9)) is amended by inserting ``and including such services
furnished in any location by or through an Indian Health Care Provider
as defined in subsection (l)(4)(B)'' before the semicolon at the end.
SEC. 210. NATIVE HAWAIIAN HEALTH CARE.
(a) Extension of Federal Tort Claims Act Coverage to Native
Hawaiian Health Care Systems.--Section 6 of the Native Hawaiian Health
Care Improvement Act (42 U.S.C. 11705) is amended--
(1) by redesignating subsections (h) and (i) (as added by
section 206) as subsections (i) and (j), respectively;
(2) by inserting after subsection (g) the following:
``(h) Federal Tort Claims Act Coverage.--
``(1) Native hawaiian health care systems.--A Native
Hawaiian health care system shall be considered to be a Federal
agency for purposes of claims under sections 1346(b) and 2672
of title 28, United States Code, for money damages for personal
injury, including death, resulting from the performance of
functions by the Native Hawaiian health care system.
``(2) Officers and employees.--An individual who is an
officer or employee of a Native Hawaiian health care system
shall--
``(A) be considered to be an employee of the
Department of Health and Human Services for purposes of
claims under sections 1346(b) and 2672 of title 28,
United States Code, for money damages for personal
injury, including death, resulting from the performance
of functions within the scope of employment of the
individual; and
``(B) be considered to be an employee of the Public
Health Service performing medical, surgical, dental, or
related functions for purposes of ensuring that the
remedy provided by sections 1346(b) and 2672 of title
28, United States Code, is exclusive of any other civil
action or proceeding by reason of the same subject
matter against--
``(i) that individual; or
``(ii) the estate of that individual.'';
and
(3) by striking subsection (i) (as so redesignated) and
inserting the following:
``(i) Funding.--
``(1) In general.--Subject to paragraph (2), there are
authorized to be appropriated to carry out this section, and
there are appropriated, out of any monies in the Treasury not
otherwise appropriated, $47,000,000 for fiscal year 2023, an
additional $9,000,000 per year for each fiscal year until
fiscal year 2035, and $155,000,000 each fiscal year thereafter.
``(2) Adjustment for inflation.--The amount made available
under paragraph (1) for fiscal year 2036 and each fiscal year
thereafter shall be adjusted annually to reflect the change in
the Consumer Price Index for All Urban Consumers published by
the Bureau of Labor Statistics.''.
(b) Extension of Full Federal Medical Assistance Percentage to
Services Furnished by Native Hawaiian Health Care Systems.--Section
1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended, in
the third sentence, by striking ``for such 8 fiscal year quarters,''
and inserting ``for each fiscal quarter beginning on or after April 1,
2021,''.
(c) Permanent Removal of Matching Requirements.--Section 6 of the
Native Hawaiian Health Care Improvement Act (42 U.S.C. 11705) is
amended--
(1) by striking subsection (e); and
(2) by redesignating subsections (f) through (h) as
subsections (e) through (g), respectively.
SEC. 211. FUNDING FOR TRIBAL EPIDEMIOLOGY CENTERS.
Section 214 of the Indian Health Care Improvement Act (25 U.S.C.
1621m) is amended by adding at the end the following:
``(f) Funding.--
``(1) In general.--There is authorized to be appropriated,
and there is appropriated, out of any monies in the Treasury
not otherwise appropriated, $60,000,000 for fiscal year 2023
and each fiscal year thereafter for epidemiology centers
established under this section.
``(2) Adjustment for inflation.--The amount made available
under paragraph (1) for fiscal year 2024 and each fiscal year
thereafter shall be adjusted annually to reflect the change in
the medical care component of the consumer price index for all
urban consumers (U.S. city average).''.
SEC. 212. STATE OPTION TO PROVIDE MEDICAL ASSISTANCE FOR RESIDENTIAL
ADDICTION TREATMENT FACILITY SERVICES.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in subsection (a)(16)--
(A) by striking ``as defined in subsection (h),
and, (B)'' and inserting ``as defined in subsection
(h)(1), (B)''; and
(B) by inserting ``, and (C) residential addiction
treatment facility services (as defined in subsection
(h)(3)), if offered as part of a full continuum of
evidence-based treatment services provided under the
State plan, including residential, outpatient, and
community-based care, for individuals with substance
use disorders'' before the semicolon; and
(2) in subsection (h)--
(A) in paragraph (1), by striking ``paragraph (16)
of subsection (a)'' and inserting ``subsection
(a)(16)(A)''; and
(B) by adding at the end the following:
``(3)(A) For purposes of subsection (a)(16)(C), the term
`residential addiction treatment facility services' means,
subject to subparagraph (B), inpatient services provided--
``(i) to an individual for the purpose of treating
a substance use disorder that are furnished to an
individual in the State for not more than 60
consecutive days (on a statewide average basis),
provided that upon completion of each period of 30
consecutive days of treatment, the individual is
assessed and determined to have progressed through the
clinical continuum of care, in accordance with criteria
established by the Secretary, in consultation with the
American Society of Addiction Medicine, and requires
continued medically necessary treatment and social
support services to promote recovery, stable transition
to ongoing treatment, and discharge; and
``(ii) in a facility that is accredited for the
treatment of substance use disorders by the Joint
Commission on Accreditation of Healthcare
Organizations, the Commission on Accreditation of
Rehabilitation Facilities, the Council on
Accreditation, or any other accrediting agency that the
Secretary deems appropriate as necessary to ensure
nationwide applicability, including qualified national
organizations and State-level accrediting agencies.
``(B) The State agency responsible for administering the
State plan under this title shall establish procedures to
ensure that, with respect to any facility providing residential
addiction treatment facility services in a fiscal year, the
number of beds used by the facility to provide such services
during such year is consistent with State licensure standards.
``(C) The provision of medical assistance for residential
addiction treatment facility services to an individual shall
not prohibit Federal financial participation for medical
assistance for items or services that are provided to the
individual in or away from the residential addiction treatment
facility during any 30-day period in which the individual is
receiving residential addiction treatment facility services.
``(D) A woman who is eligible for medical assistance on the
basis of being pregnant and who is furnished residential
addiction treatment facility services during any 30-day period
may remain eligible for, and continue to be furnished with,
such services for additional 30-day periods without regard to
any eligibility limit that would otherwise apply to the woman
as a result of her pregnancy ending, subject to assessment by
the facility and a determination based on medical necessity
related to substance use disorder and the impact of substance
use disorder on birth outcomes.''.
(b) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2023.
SEC. 213. CONFERRING WITH URBAN INDIAN ORGANIZATIONS.
(a) Definition of Confer.--In this section, the term ``confer''
means to engage in an open and free exchange of information and
opinions that--
(1) leads to mutual understanding and comprehension; and
(2) emphasizes trust, respect, and shared responsibility.
(b) Requirement.--The Secretary of Health and Human Services, to
the maximum extent practicable, shall confer with urban Indian
organizations in carrying out health services of the Department of
Health and Human Services.
SEC. 214. MEDICAID WORK REQUIREMENT EXEMPTION.
Section 1902 of the Social Security Act (42 U.S.C. 1396a) is
amended by adding at the end the following new subsection:
``(tt) Nonapplication of Work Requirements to Members of Indian
Tribes.--In the case of a State that conditions an individual's
eligibility for medical assistance upon such individual's satisfaction
of a requirement that the individual be employed, enrolled in school,
participate in a work activity (as defined in section 407(d) or
otherwise by the State), or participate in other community engagement
activity, the State shall not apply such condition to an individual who
is a member of a Federally recognized Indian tribe.''.
SEC. 215. MEDICAID PROGRAM POLICIES FOR MEMBERS OF INDIAN TRIBES.
The Secretary of Health and Human Services--
(1) may waive compliance with any requirement of title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.) in a manner
that is specific to--
(A) persons who are Indian (as defined in section 4
of the Indian Health Care Improvement Act (25 U.S.C.
1603)); and
(B) facilities of the Indian Health Service and
urban Indian organizations;
(2) shall not waive compliance with any requirement of
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
that is specific to persons who are Indian (as so defined) if
such waiver would--
(A) reduce the amount, duration, or scope of
benefits available to such persons under such Act; or
(B) impose restrictions, premiums or cost-sharing,
or additional conditions on the receipt of benefits
under such Act by such persons; and
(3) shall not waive any requirement relating to Tribal
consultation or conference with urban Indian organizations as
required by any Federal law, rule, or regulation.
TITLE III--EDUCATION
SEC. 301. FINDINGS.
Congress finds that--
(1)(A) Native American students experience discernible
disparities in access to educational opportunities compared to
their non-Native-American peers; and
(B) those disparities in educational opportunities--
(i) have a profound impact on the social and
economic opportunities and well-being of Native
American students and Native American communities; and
(ii) mean that Native American students are likely
to experience disproportionate levels of discipline
while in school that leads to those students being
suspended or expelled, increasing the likelihood of
those students to be involved in the school-to-prison
pipeline;
(2) the Federal Government has failed in its trust
obligation to provide educational services that address the
unique situation of Native American students;
(3)(A) a majority of Native American students attend public
schools, many of which lack curricula that provide historically
accurate and culturally competent representation or discussion
of Native Americans and their history in the United States; and
(B) the failure to include historically accurate and
culturally competent curricula leads to a lack of understanding
for all students of the history and contributions of Native
Americans;
(4)(A) Native American students make up 1.1 percent of
students attending public schools;
(B) Native American students have the lowest high school
graduation rates and the lowest scores on reading and math
elementary and secondary school standardized tests;
(C) students attending schools funded by the Bureau of
Indian Affairs (referred to in this title as ``Bureau-funded
schools'') have lower academic scores than their non-Native
American peers who attend public school; and
(D) educational disparities continue into higher education,
with only 16 percent of Native American students obtaining a
bachelor's degree compared to the national average of 36
percent of individuals in the same age group;
(5)(A) the enactment of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5301 et seq.) allowed
federally recognized Indian tribes to contract with the Bureau-
funded schools and provide education programs;
(B) with 183 Bureau-funded schools, the Bureau of Indian
Education is obligated to provide culturally relevant, high-
quality education opportunities to Native American students;
and
(C) Bureau-funded schools consistently struggle to recruit
and retain qualified and effective teachers due to
noncompetitive salaries, isolated rural settings, difficult
work environments, lack of job opportunities for spouses and
partners, and marginal housing opportunities; and
(6)(A) American Indian and Alaska Native tribally chartered
colleges and universities (TCUs) were established beginning in
the late 1960s due to the failure of the United States higher
education system to include American Indians;
(B) in addition to providing place-based and culturally
grounded higher and career/technical education, TCUs are
charged with preserving and revitalizing Tribal cultures,
languages and lands, and strengthening Tribal sovereignty; and
(C) TCUs face significant challenges and inequities,
including--
(i) the lack of adequate operating funding from the
Department of the Interior;
(ii) the inability to grow endowments; and
(iii) a disproportionate number of students living
in poverty, suffering food and housing insecurity, and
unprepared for post-secondary education.
SEC. 302. SENSE OF CONGRESS.
It is the sense of Congress that Congress should--
(1) provide full funding for Tribal Colleges and
Universities and Bureau-funded schools, including increased
funding to develop lessons and curricula that provide
culturally competent and historically accurate information;
(2) provide increased funding to recruit and retain
teachers at schools that serve a high proportion of Native
students, including Bureau-funded schools, in order to address
the educational disparities faced by Native American students
described in section 301;
(3) provide full funding for school construction and
repairs at Bureau-funded schools, which have lacked
longstanding adequate funding and prioritization, to correct
facilities operations inefficiencies that contribute to the
chronic poor educational outcomes and performance of students
at those schools; and
(4) increase and make permanent programmatic funding for
Native American language programs to restore the elimination of
traditional languages that colonial education forced on Native
American students during the Assimilation Era.
SEC. 303. MANDATORY FUNDING FOR TRIBAL COLLEGES AND UNIVERSITIES.
Section 371(b) of the Higher Education Act of 1965 (20 U.S.C.
1067q(b)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Provision of funds.--There shall be available
to the Secretary to carry out this section, from funds
in the Treasury not otherwise appropriated,
$300,000,000 for fiscal year 2023 and each fiscal year
thereafter.''; and
(B) by adding at the end the following:
``(C) Adjustment for inflation.--The amount made
available under paragraph (1)(A) for fiscal year 2024
and each fiscal year thereafter shall be adjusted
annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau
of Labor Statistics.''; and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in each of clauses (i) and (ii), by
striking ``$100,000,000'' and inserting
``$117,500,000''; and
(ii) in clause (iii), by striking
``$55,000,000'' and inserting ``$65,000,000'';
and
(B) in subparagraph (D)--
(i) in clause (i), by striking
``$30,000,000'' each place the term appears and
inserting ``$35,000,000'';
(ii) in clause (ii), by striking
``$15,000,000'' each place the term appears and
inserting ``$18,000,000''; and
(iii) in each of clauses (iii) and (iv), by
striking ``$5,000,000'' and inserting
``$6,000,000''.
SEC. 304. EXPANDING INSTRUCTION AND OUTREACH BY TRIBAL COLLEGES AND
UNIVERSITIES AND OTHER AMENDMENTS.
(a) Section Heading.--Section 316 of the Higher Education Act of
1965 (20 U.S.C. 1059c) is amended, in the section heading, by striking
``american indian tribally controlled colleges and universities'' and
inserting ``tribal colleges and universities''.
(b) Authorized Activities.--Section 316(c)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(c)(2)) is amended--
(1) in subparagraph (D), by striking ``Indians'' and all
that follows through ``policy'' and inserting the following:
``American Indians and Alaska Natives are underrepresented,
instruction in Native American languages, and instruction and
programs to support Tribal governance, Tribal public policy,
and Tribal history and sovereignty''; and
(2) in subparagraph (L), by striking ``outreach'' and all
that follows through ``education;'' and inserting the
following: ``outreach and recruitment activities and programs
that encourage American Indian and Alaska Native elementary
school students, secondary school students, and community
members to develop the academic skills and the interest to
pursue and succeed in postsecondary education;''.
(c) Application, Plan, Allocation.--Section 316(d) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(d)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively; and
(3) in paragraph (3) (as so redesignated), by adding at the
end the following:
``(C) Use of unexpended funds.--Any funds paid to
an institution and not expended or used for the
purposes for which the funds were paid during the 5-
year period following the date of the initial grant
award, may be carried over and expended during the
succeeding 5-year period, if such funds are obligated
for a purpose for which the funds were paid during the
5-year period following the date of the initial grant
award.''.
(d) Definition.--Section 2(a)(4) of the Tribally Controlled
Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801(a)(4))
is amended by striking ``an institution'' and inserting ``a public
institution''.
SEC. 305. ENDOWMENT FUNDS OF TRIBAL COLLEGES AND UNIVERSITIES.
Section 316(c)(3) of the Higher Education Act of 1965 (20 U.S.C.
1059c(c)(3)) is amended--
(1) by striking subparagraph (B);
(2) by redesignating subparagraph (C) as subparagraph (B);
and
(3) by adding at the end the following:
``(C) Scholarships.--A Tribal College or University
that uses grant funds provided under this section to
establish or increase an endowment fund may use the
interest proceeds from such endowment to provide
scholarships to students for the purposes of attending
such Tribal College or University.''.
SEC. 306. FULL FUNDING FOR OPERATION OF BUREAU-FUNDED SCHOOLS.
(a) Indian School Equalization Program.--There is authorized to be
appropriated to carry out the Indian School Equalization Program of the
Bureau of Indian Affairs, and there is appropriated, out of any monies
in the Treasury not otherwise appropriated, $500,000,000 for fiscal
year 2023 and each fiscal year thereafter.
(b) Tribal Colleges and Universities Operations.--There is
authorized to be appropriated to fund operations at Tribal Colleges or
Universities that are authorized under titles I and V of the Tribally
Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C.
1802 et seq., 1861 et seq.) and the Navajo Community College Act (25
U.S.C. 640a note; Public Law 92-189), and that originally were
authorized under the Act of November 2, 1921 (25 U.S.C. 13) (commonly
known as the ``Snyder Act''), and there is appropriated, out of any
monies in the Treasury not otherwise appropriated, $150,000,000 for
fiscal year 2023 and each fiscal year thereafter.
(c) Adjustment for Inflation.--The amount made available under
subsections (a) and (b) for fiscal year 2024 and each fiscal year
thereafter shall be adjusted annually to reflect the change in the
Consumer Price Index for All Urban Consumers published by the Bureau of
Labor Statistics.
(d) Special Programs and Projects To Improve Educational
Opportunities for Indian Children.--Subpart 2 of part A of title VI of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441 et
seq.) is amended by adding at the end the following:
``SEC. 6123. FUNDING.
``(a) In General.--Subject to subsection (b), there is authorized
to be appropriated to carry out this subpart, and there is
appropriated, out of any monies in the Treasury not otherwise
appropriated, $68,000,000 for fiscal year 2023 and each fiscal year
thereafter.
``(b) Adjustment for Inflation.--The amount made available under
subsection (a) for fiscal year 2024 and each fiscal year thereafter
shall be adjusted annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau of Labor
Statistics.''.
(e) Bureau of Indian Education Facilities Operations.--
(1) In general.--Subject to paragraph (2), there is
authorized to be appropriated for Bureau of Indian Education
facilities operations costs, including costs for electricity,
heating fuels, communications, custodial services, and other
operation expenses, and there is appropriated, out of any
monies in the Treasury not otherwise appropriated, $109,000,000
for fiscal year 2023 and each fiscal year thereafter.
(2) Adjustment for inflation.--The amount made available
under paragraph (1) for fiscal year 2024 and each fiscal year
thereafter shall be adjusted annually to reflect the change in
the Consumer Price Index for All Urban Consumers published by
the Bureau of Labor Statistics.
(f) Student Transportation.--
(1) In general.--Subject to paragraph (2), there is
authorized to be appropriated for the costs of transportation
of students to Bureau-funded schools, and there is
appropriated, out of any monies in the Treasury not otherwise
appropriated, $73,000,000 for fiscal year 2023 and each fiscal
year thereafter.
(2) Adjustment for inflation.--The amount made available
under paragraph (1) for fiscal year 2024 and each fiscal year
thereafter shall be adjusted annually to reflect the change in
the Consumer Price Index for All Urban Consumers published by
the Bureau of Labor Statistics.
SEC. 307. BUREAU OF INDIAN EDUCATION SCHOOL CONSTRUCTION,
MODERNIZATION, AND REPAIR.
(a) In General.--Subject to subsection (b), there are authorized to
be appropriated for the costs of construction, facilities improvement,
modernization, repair, and replacement school construction for Bureau-
funded schools, including sanitation, non-mechanical heating,
ventilation, and air conditioning system repair and replacement, and
there are appropriated, out of any monies in the Treasury not otherwise
appropriated--
(1) $1,000,000,000 for each of fiscal years 2023 through
2027; and
(2) $264,300,000 for fiscal year 2028 and each fiscal year
thereafter.
(b) Adjustment for Inflation.--The amount made available under
subsection (a)(2) for fiscal year 2029 and each fiscal year thereafter
shall be adjusted annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau of Labor
Statistics.
SEC. 308. TRIBAL COLLEGE AND UNIVERSITY CONSTRUCTION, MODERNIZATION,
AND REPAIR.
(a) In General.--Section 112 of the Tribally Controlled Colleges
and Universities Assistance Act of 1978 (25 U.S.C. 1812) is amended to
read as follows:
``SEC. 112. TRIBAL COLLEGE AND UNIVERSITY CONSTRUCTION, MODERNIZATION,
AND REPAIR.
``(a) Study.--
``(1) In general.--The Secretary shall conduct a study on
the condition of facilities of tribally controlled colleges or
universities, including facilities of Tribal Colleges or
Universities (as defined in section 316(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b))).
``(2) Requirement.--The study under paragraph (1) shall
identify the need for new construction, renovation, and
infrastructure enhancements of the Tribal Colleges and
Universities.
``(3) Contract.--The Secretary may conduct the study
required in subsection (a) directly or by contract.
``(b) Report.--Not later than 18 months after the date of enactment
of the Honoring Promises to Native Nations Act, the Secretary shall
submit a report describing the results of the study under subsection
(a) to--
``(1) the Committee on Indian Affairs of the Senate;
``(2) the Subcommittee for Indigenous Peoples of the United
States of the Committee on Natural Resources of the House of
Representatives;
``(3) the Committee on Appropriations of the Senate; and
``(4) the Committee on Appropriations of the House of
Representatives.''.
(b) Infrastructure Improvement.--Section 113 of the Tribally
Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C.
1813) is amended to read as follows:
``SEC. 113. INFRASTRUCTURE IMPROVEMENT.
``(a) Definitions.--In this section:
``(1) Construction.--The term `construction' includes any
measure to address a facility construction, maintenance,
renovation, reconstruction, or replacement need of a Tribal
College or University.
``(2) Tribal college or university.--The term `Tribal
College or University' means a Tribal College or University (as
defined in section 316(b) of the Higher Education Act of 1965
(20 U.S.C. 1059c(b))) that was in operation as such a Tribal
College or University--
``(A) during fiscal year 2022; or
``(B) for a period of not fewer than 4 consecutive
fiscal years through an affiliation with a tribally
controlled college or university that received
assistance under this title during fiscal year 2022.
``(b) Grants.--Subject to the availability of appropriations, the
Secretary shall provide to a Tribal College or University the
application of which is approved under subsection (c) a grant for
construction in accordance with this section.
``(c) Application.--
``(1) In general.--To be eligible to receive a grant under
this section, a Tribal College or University shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
``(2) Approval.--The Secretary shall approve an application
submitted under paragraph (1) if the Secretary determines
that--
``(A) the application meets all applicable
requirements established by the Secretary; and
``(B) identifies a need for construction at the
Tribal College or University.
``(d) Eligible Activities.--A Tribal College or University shall
use a grant provided under this section to address facilities and
infrastructure needs, including--
``(1) construction of new facilities, including--
``(A) classrooms;
``(B) administrative offices;
``(C) libraries;
``(D) health, fitness, and cultural centers;
``(E) child care centers;
``(F) technology centers;
``(G) housing for students, faculty, and staff; and
``(H) other facilities necessary to an institution
of higher education;
``(2) renovating or expanding an existing or acquired
facility;
``(3) providing new or existing facilities with equipment
and infrastructure, including--
``(A) laboratory equipment;
``(B) computer infrastructure and equipment;
``(C) broadband infrastructure and equipment;
``(D) library books; and
``(E) furniture; and
``(4) property acquisition.
``(e) No Match Requirement.--A Tribal College or University that
receives a grant under this section shall not be required to make a
matching contribution for any Federal amounts received.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $525,000,000 for each of fiscal
years 2023 through 2025.''.
(c) Conforming Amendment.--Section 110(a)(3) of the Tribally
Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C.
1810(a)(3)) is amended by striking ``sections 112(b) and 113'' and
inserting ``section 112(b)''.
SEC. 309. SUPPORT FOR NATIVE STUDENTS AND EDUCATORS IN NATIVE-SERVING
SCHOOLS.
(a) Purpose.--The purpose of this section is to address the
shortage of qualified teachers serving American Indian, Alaska Native,
and Native Hawaiian elementary school and secondary school students by
attracting, and retaining, quality teachers to Native-serving schools,
while also increasing the number of American Indian, Alaska Native, and
Native Hawaiian teachers in those schools.
(b) Support for Native Students and Educators in Native-Serving
Schools.--Part B of title II of the Higher Education Act of 1965 (20
U.S.C. 1031 et seq.) is amended by adding at the end the following:
``Subpart 6--Support for Native Students and Educators in Native-
Serving Schools
``SEC. 259A. DEFINITIONS.
``In this subpart:
``(1) Bureau-funded school.--The term `Bureau-funded
school' has the meaning given that term in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021).
``(2) Bureau of indian education early childhood
development program.--The term `Bureau of Indian Education
early childhood development program' means a program operating
under a grant authorized by section 1139 of the Education
Amendments of 1978 (25 U.S.C. 2019).
``(3) Eligible educator.--The term `eligible educator'
means an individual who--
``(A) received a stipend and mentoring under
section 259B;
``(B) completed the individual's program of study
and earned an undergraduate or graduate degree in early
childhood education, elementary or secondary education,
or school administration from an institution of higher
education; and
``(C) obtains full-time employment in a Native-
serving school.
``(4) Eligible student.--The term `eligible student' means
an individual who--
``(A) is an Indian or a Native Hawaiian;
``(B) is pursuing an undergraduate or graduate
degree in early childhood education, elementary or
secondary education, or school administration from an
institution of higher education; and
``(C) in the case of an undergraduate student, has
completed not less than 2 years of study toward the
degree described in subparagraph (B).
``(5) Indian.--The term `Indian' has the meaning given such
term in section 316(b).
``(6) Native hawaiian.--The term `Native Hawaiian' has the
meaning given the term in section 6207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517).
``(7) Native-serving school.--The term `Native-serving
school' means--
``(A) a Bureau-funded school, including a Bureau of
Indian Education early childhood development program;
``(B) a public elementary school or secondary
school that, for the school year during which an
eligible student or eligible educator is employed at
such school for purposes of section 259B(d)(2)(B) or
259C, respectively--
``(i) has a student enrollment of 25
percent or more Indian or Native Hawaiian
students; and
``(ii) is located in the school district of
a local educational agency eligible for
assistance under part A of title I of the
Elementary and Secondary Education Act of 1965;
``(C) a tribal early childhood education program;
or
``(D) a federally funded early childhood education
program that serves a significant number of Native
students, as determined by the Secretary in
consultation with Indian tribes and in collaboration
with a Native Hawaiian organization.
``(8) Tribal early childhood education program.--The term
`tribal early childhood education program' means any of the
following programs:
``(A) A Head Start or Early Head Start program
carried out under the Head Start Act (42 U.S.C. 9831 et
seq.) that is located in Head Start region IX or XI.
``(B) A tribal child care and development program
carried out under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et seq.).
``(C) A program serving children from birth through
age 6 that--
``(i) receives funding support from the
Native American language preservation and
maintenance program carried out under section
803C of the Native American Programs Act of
1974 (42 U.S.C. 2991b-3);
``(ii) is a tribal prekindergarten program;
``(iii) is a program authorized under
section 619 or part C of the Individuals with
Disabilities Education Act with a student
enrollment of 25 percent or more Indian or
Native Hawaiian students; or
``(iv) is a center-based or group-based
early childhood learning or development program
that the Secretary determines shall be included
under this definition, after receiving a
request from an Indian tribe or a Native
Hawaiian organization.
``(9) Tribal educational agency.--The term `tribal
educational agency' has the meaning given the term in section
6132(b) of the Elementary and Secondary Education Act of 1965.
``SEC. 259B. STIPENDS AND MENTORING TO NATIVE STUDENTS PURSUING
EDUCATION DEGREES.
``(a) Program Authorized.--From amounts made available to carry out
this section, the Secretary shall carry out a program under which the
Secretary provides stipends under subsection (b) and mentoring through
grants under subsection (c) to eligible students, in order to increase
the number of Native teachers in Native-serving schools.
``(b) Stipends.--A stipend provided under this section shall be in
an amount equal to $1,500 a month, for each month during the period in
which the student is enrolled, on a full-time or part-time basis, in a
program leading to an undergraduate or graduate degree in early
childhood education, elementary or secondary education, or school
administration from an institution of higher education and until the
eligible student obtains the degree.
``(c) Mentoring.--The Secretary shall award grants, on a
competitive basis, to institutions of higher education serving American
Indian, Alaska Native, or Native Hawaiian students, to enable the
institution to establish programs that provide mentoring to all
eligible students receiving a stipend under this section.
``(d) Applications.--An eligible student desiring a stipend and
mentoring under this section shall submit an application--
``(1) at such time and in such manner as the Secretary
shall require; and
``(2) that includes--
``(A) a commitment to continue pursuing an
undergraduate or graduate degree in early childhood
education, elementary or secondary education, or school
administration at an institution of higher education
during the period for which the eligible student
receives a stipend; and
``(B) a commitment to serve, upon completion of the
degree described in subparagraph (A), in a Native-
serving school for a minimum of 3 years.
``(e) Reporting.--The Secretary shall annually prepare and submit
to Congress a report regarding the program carried out under this
section, which shall include the numbers and percentages of--
``(1) eligible students receiving assistance under this
section who complete their undergraduate or graduate degree;
``(2) such students who begin teaching in a Native-serving
school upon completion of the degree; and
``(3) such students who teach in a Native-serving school
for 3 years or more.
``SEC. 259C. BONUSES AND MENTORING FOR NEW EDUCATORS.
``(a) Program Authorized.--The Secretary shall carry out a program
through which the Secretary provides bonuses described in subsection
(b) and mentoring through grants under subsection (c) to eligible
educators employed in Native-serving schools, in order to address--
``(1) the compensation gap between teaching and other
professions; and
``(2) the additional living expenses that eligible
educators face in order to work in Native-serving schools.
``(b) Bonuses.--The amount of a bonus under this section shall be--
``(1) not less than $10,000 for each year of full-time
teaching; and
``(2) increased by $2,000 for each year that the eligible
educator is employed in a Native-serving school.
``(c) Mentoring.--The Secretary shall award grants, on a
competitive basis, to local educational agencies serving Native-serving
schools to enable the local educational agencies to establish teacher
mentorship programs that provide mentoring to all eligible educators
receiving a bonus under this section for the first 3 years of the
eligible educator's employment in a Native-serving school.
``(d) Applications.--An eligible educator desiring a bonus and
mentoring under this section shall submit an application--
``(1) at such time and in such manner as the Secretary
shall determine; and
``(2) identifying the Native-serving school in which the
eligible educator is employed.
``(e) Reporting.--The Secretary shall annually prepare and submit
to Congress a report regarding the program carried out under this
section, which shall include the numbers and percentages of eligible
educators receiving bonuses under this section who teach in Native-
serving schools for not less than 3 years.''.
(c) National Board Certification Incentive Program.--
(1) In general.--Title VI of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7401 et seq.) is amended by
adding at the end the following:
``PART D--NATIONAL BOARD CERTIFICATION INCENTIVE PROGRAM
``SEC. 6401. NATIONAL BOARD CERTIFICATION INCENTIVE PROGRAM.
``(a) Purposes.--The purposes of this section are--
``(1) to improve the skills of qualified individuals who
are Indian or Native Hawaiian or who teach Indian or Native
Hawaiian people;
``(2) to provide an incentive for qualified educators to
continue to utilize their enhanced skills in elementary schools
and secondary schools serving Indian or Native Hawaiian
communities; and
``(3) to increase the retention of highly skilled Indian or
Native Hawaiian educators in elementary schools and secondary
schools seeking to better incorporate Indian or Native Hawaiian
culture and history into the general curriculum.
``(b) Definitions.--In this section:
``(1) Bureau-funded school.--The term `Bureau-funded
school' has the meaning given the term in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021).
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State educational agency in consortium with
an institution of higher education;
``(B) a local educational agency in consortium with
an institution of higher education;
``(C) an Indian tribe or organization or a Native
Hawaiian organization, in consortium with a local
educational agency and an institution of higher
education;
``(D) an Indian tribe or organization, in
consortium with a Bureau-funded school and an
institution of higher education; or
``(E) a Bureau-funded school in consortium with an
institution of higher education.
``(3) Eligible educator.--The term `eligible educator'
means--
``(A) a teacher who teaches a minimum number of
Indian or Native Hawaiian students, as determined by
the Secretary in consultation with Indian tribes or in
collaboration with a Native Hawaiian organization; or
``(B) a teacher who is Indian or Native Hawaiian.
``(4) Indian.--The term `Indian' has the meaning given the
term in section 6151.
``(5) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(6) Native hawaiian.--The term `Native Hawaiian' has the
meaning given the term in section 6207.
``(c) Program Authorized.--The Secretary is authorized to award
grants to eligible entities having applications approved under this
section to enable such eligible entities to--
``(1) reimburse eligible educators for out-of-pocket costs
associated with obtaining teacher certification or
credentialing by the National Board for Professional Teaching
Standards; and
``(2) provide an increase in annual compensation, in an
amount equal to not less than $5,000 and not more than $10,000,
for eligible educators with a certification from the National
Board for Professional Teaching Standards for the duration of
the grant under this section.
``(d) Application.--
``(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information, as the Secretary may reasonably require.
``(2) Special rule.--In the case of an eligible entity
desiring to utilize all or a portion of a grant under this
section for eligible educators identified in subparagraph (B)
of subsection (b)(3) who would not also qualify as an eligible
educator under subparagraph (A) of such subsection, the
eligible entity shall provide an assurance that grant funds
will support only those educators who are Native Hawaiian or
tribally enrolled or affiliated with an Indian tribe.
``(e) Awarding of Grants.--In awarding grants under this section,
the Secretary shall determine the amount and duration of each grant,
which shall not exceed 5 years.
``(f) Restrictions on Compensation Increases.--The Secretary shall
require and ensure that individuals who obtain a certification from the
National Board for Professional Teaching Standards under this section
continue to teach at a school served by the eligible entity through
which funding for such certification was obtained as a condition of
receiving annual compensation increases provided for in this section.
``(g) Progress Reports.--
``(1) In general.--For every year for which Congress
allocates funds for grants under this section, the Secretary
shall provide a report on the progress of the eligible entities
receiving grants under this section in meeting applicable
progress standards, as determined by the Secretary.
``(2) Dissemination.--The Secretary shall disseminate each
report described in this subsection to each of the following:
``(A) The Committee on Health, Education, Labor,
and Pensions of the Senate.
``(B) The Committee on Indian Affairs of the
Senate.
``(C) The Subcommittee for Indigenous Peoples of
the United States of the Committee on Natural Resources
of the House of Representatives.
``(D) The Committee on Education and Labor of the
House of Representatives.''.
(2) Table of contents.--The table of contents for the
Elementary and Secondary Education Act of 1965 is amended by
inserting after the item relating to section 6306 the
following:
``Part D--National Board Certification Incentive Program
``Sec. 6401. National Board certification incentive program.''.
(d) Native Language Vitalization and Training Program for Tribal
Colleges or Universities and Other Institutions of Higher Education
Serving Significant Numbers of Native Students.--
(1) Program established.--Part A of title III of the Higher
Education Act of 1965 (20 U.S.C. 1057 et seq.) is amended by
adding at the end the following:
``SEC. 320A. NATIVE AMERICAN LANGUAGE VITALIZATION AND TRAINING
PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible institution.--Notwithstanding section
312(b), the term `eligible institution' means--
``(A) a Tribal College or University;
``(B) an Alaska Native-serving institution, as
defined in section 317(b); or
``(C) a Native Hawaiian-serving institution, as
defined in section 317(b).
``(2) Native american language.--The term `Native American
language' has the meaning given the term in section 103 of the
Native American Languages Act (25 U.S.C. 2902).
``(3) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term in
section 316(b).
``(b) Purpose.--The purpose of this section is to support eligible
institutions in preserving and revitalizing endangered Native American
languages through curriculum development, instruction, student support,
and innovative early childhood education programs and community-based
partnerships.
``(c) Program Authorized.--The Secretary shall establish a program,
to be known as the `Tribal College or University Native American
Language Vitalization and Training Program', to award grants, on a
competitive basis, to eligible institutions to enable the eligible
institutions to carry out the authorized activities described in
subsection (d).
``(d) Authorized Activities.--Grants awarded under this section
shall be used for one or more of the following activities:
``(1) Native American language-oriented curriculum
development and academic and community-based instruction,
including educational activities, programs, and partnerships
relating to students in early childhood education programs and
in kindergarten through grade 12.
``(2) Native American language-oriented professional
development for faculty of eligible institutions, and Native
American language-oriented in-service training programs for
instructors and administrators of early childhood education
programs, elementary schools, and secondary schools.
``(3) Innovative Native American language programs for
students in early childhood education programs and in
kindergarten through grade 12, including language immersion
programs.
``(4) Other activities proposed in the application
submitted under subsection (e) that--
``(A) contribute to carrying out the purposes of
this section; and
``(B) are approved by the Secretary in the review
and acceptance of such application.
``(e) Application and Other Provisions.--
``(1) Application.--An eligible institution desiring a
grant under this section shall submit an application to the
Secretary at such time and in such manner as the Secretary may
require, consistent with the purpose of this section.
``(2) Streamlined process.--Notwithstanding section 393,
the Secretary shall establish application requirements in such
a manner as to simplify and streamline the process for applying
for grants under this section.
``(3) Inclusions.--An application under this subsection
shall include a plan for the program proposed by the eligible
institution receiving the grant, including--
``(A) a description of a 5-year strategy of the
eligible institution for meeting the needs of American
Indians, Alaska Natives, Native Hawaiians, or Native
American Pacific Islanders, as appropriate, in the area
served by the institution, and how such plan is
consistent with the purpose described in subsection
(b);
``(B)(i) an identification of the population to be
served by the eligible institution;
``(ii) an identification of the status of Native
American language understanding and use within that
population; and
``(iii) a description of the manner in which the
program will help preserve and revitalize the relevant
Native American language;
``(C) a description of the services to be provided
under the program, including the manner in which the
services will be integrated with other appropriate
activities of the relevant community; and
``(D) a description, to be prepared in consultation
with the Secretary, of the performance measures to be
used to assess the performance of the eligible
institution in carrying out the program.
``(4) Priority.--In awarding grants under this section with
funds described in section 399(a)(1)(G)(i), the Secretary shall
give priority to eligible institutions that received funding
under section 316 in fiscal year 2022.
``(5) Concurrent funding.--
``(A) Tribal college or university.--An eligible
institution that is a Tribal College or University may,
concurrently, receive a grant under this section and
funds under section 316.
``(B) Alaska native-serving institution or native
hawaiian-serving institution.--An eligible institution
that is an Alaska Native-serving institution or Native
Hawaiian-serving institution may, concurrently, receive
a grant under this section and funds under section 317.
``(6) Exemptions.--Sections 311(d), 313(d), 314, 315,
316(d)(3), 317(d)(3), 318(i), 319(d)(3), 320(d)(3), and 391
shall not apply with respect to a grant awarded under this
section.''.
(2) Appropriations.--Section 399(a)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1068h(a)(1)) is amended--
(A) in subparagraph (A), by striking ``320'' and
inserting ``320B''; and
(B) by adding at the end the following:
``(G) There is authorized to be appropriated to carry out
section 320A, and there is appropriated, out of any monies in
the Treasury not otherwise appropriated, $40,000,000 for each
of fiscal years 2023 through 2028, of which, for each fiscal
year--
``(i) $35,000,000 shall be available for eligible
institutions that are Tribal Colleges or Universities,
as described in section 320A(a)(1)(A); and
``(ii) $5,000,000 shall be available for eligible
institutions described in subparagraph (B) or (C) of
section 320A(a)(1).
``(H) There is authorized to be appropriated to carry out
section 320B, and there is appropriated, out of any monies in
the Treasury not otherwise appropriated, $5,000,000 for each of
fiscal years 2023 through 2028.''.
SEC. 310. JOHNSON-O'MALLEY FUNDING.
(a) In General.--There is authorized to be appropriated to the
Secretary of the Interior to carry out the Act of April 16, 1934 (48
Stat. 596, chapter 147; 25 U.S.C. 5342 et seq.) (commonly known as the
``Johnson-O'Malley Act''), and there is appropriated, out of any monies
in the Treasury not otherwise appropriated, $240,086,800 for fiscal
year 2023 and each fiscal year thereafter.
(b) Adjustment.--The amount made available under subsection (a) for
fiscal year 2024 and each fiscal year thereafter shall be increased
annually to reflect whichever of the following changes would result in
a greater amount:
(1) The change in the number of eligible students who are
served or potentially served by a contracting party (as defined
in subsection (a) of section 7 of the Act of April 16, 1934 (48
Stat. 596, chapter 147; 25 U.S.C. 5348)), as determined under
subsection (b) of that section.
(2) An annual increase of 6 percent.
SEC. 311. NATIVE LANGUAGES.
(a) Native American Languages Grant Program.--Section 816(e) of the
Native American Programs Act of 1974 (42 U.S.C. 2992d(e)) is amended--
(1) by striking ``(e) There are authorized to be
appropriated'' and inserting the following:
``(e) Funding for Native American Languages Grant Program.--
``(1) Funding for fiscal years 2020 through 2024.--There is
authorized to be appropriated, and there is appropriated, out
of any monies in the Treasury not otherwise appropriated,'';
and
(2) by adding at the end the following:
``(2) Funding for fiscal years 2025 through 2037.--
``(A) In general.--There is authorized to be
appropriated, and there is appropriated, out of any
monies in the Treasury not otherwise appropriated, to
carry out section 803C $20,000,000 for each of fiscal
years 2025 through 2037.
``(B) Adjustment for inflation.--The amount made
available under subparagraph (A) for fiscal year 2026
and each fiscal year thereafter shall be adjusted
annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau
of Labor Statistics.''.
(b) Indian Education National Activities.--Subpart 3 of part A of
title VI of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7451 et seq.) is amended by adding at the end the following:
``SEC. 6134. FUNDING.
``(a) In General.--There is authorized to be appropriated to carry
out this subpart, and there is appropriated, out of any monies in the
Treasury not otherwise appropriated, $13,000,000 for each of fiscal
years 2023 through 2031.
``(b) Reservation.--From the amount made available under subsection
(a), $5,000,000 shall be reserved to carry out section 6133.''.
(c) Native American Language Resource Center.--Section 603 of the
Higher Education Act of 1965 (20 U.S.C. 1123) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(2) by inserting after subsection (a) the following:
``(b) Native American Language Resource Center Authorized.--
``(1) In general.--The Secretary is authorized to, after
engaging in consultation with Indian tribes and after
collaborating with Native Hawaiian organizations, make a grant
to, or enter into a contract with, an eligible entity for the
purpose of--
``(A) establishing, strengthening, and operating a
Native American language resource and training center
as described in paragraph (2); and
``(B) staffing the center with individuals who have
high-level fluency in American Indian, Alaska Native,
and Native Hawaiian languages and are experienced with
Native American language education in preschool,
elementary school, secondary school, adult education,
and higher education programs.
``(2) Purposes of center.--The Native American language
resource center established under paragraph (1) shall serve as
a resource to--
``(A) improve the capacity to teach and learn
Native American languages and further Native American
language acquisition;
``(B) preserve, protect, and promote the rights and
freedom of Native Americans to use, practice, and
develop Native American languages;
``(C) allow the United States to fulfill its trust
responsibility to Native American communities and
address the effects of past discrimination against
Native American language speakers;
``(D) support revitalization of Native American
languages;
``(E) encourage and support the use of Native
American languages as a medium of instruction,
including use as a medium of education in schools
operated by Indian tribes, States, the Federal
Government, and Native American language educational
organizations;
``(F) encourage and support the use and development
of Native American languages as the medium of
instruction for a wide variety of age levels and
academic content areas;
``(G) support metrics aligned with the Native
American language of instruction, including
assessments, qualifications, and processes based on
well-demonstrated best practices in Native American
language medium education;
``(H) identify barriers to Native American language
education and learning within Federal laws and actions
needed for alignment with the Native American Languages
Act (25 U.S.C. 2901 et seq.);
``(I) encourage and support elementary schools,
secondary schools, and institutions of higher education
to include Native American languages in the curriculum
in the same manner as other world languages, including
through cooperative agreements and distance education,
and to grant proficiency in Native American languages
the same full academic credit as proficiency in other
world languages;
``(J) encourage and support the development of
appropriate teacher preparation programming for the
teaching of, and through, Native American languages,
including appropriate alternative pathways to teacher
certification;
``(K) provide a resource base to provide
information to Federal, Tribal, State, and local
governments and Native American educational
organizations to allow the spread of best practices in
the use, practice, and development of Native American
languages in Native American communities, including use
in educational institutions;
``(L) provide a resource base for the use of
technology in intensive community-, land-, and archive-
based programs, as well as hybrid and collaborative
programs in supporting the retention, use, development,
and teaching of Native American languages by government
and private entities;
``(M) support the acquisition of distance learning
technologies and training for parents, students,
teachers, and learning support staff, including the
compilation and curation of digital libraries and other
online resources in target Native American languages,
the development of distance learning curricula
appropriate for preschool, elementary school, secondary
school, adult education, and postsecondary education,
the pedagogical training for teachers, and other
efforts necessary to continue Native American language
acquisition through distance learning;
``(N) provide a developmental base from which
interested Tribal Colleges and Universities and other
Native American entities might develop fully
functioning Native American language medium education
systems that include associated preschool, elementary
school, secondary school, and adult education programs
conducted through the medium of Native American
languages;
``(O) provide a means to further collaboration
among formal government, institutional, and community-
based Native American language programs, resources, and
research efforts with additional access to
international best practices in indigenous language
revitalization;
``(P) develop a support center system for Native
American language participants to gather and share
helpful information and experiences; and
``(Q) address any of the purposes of foreign
language centers included under this section if, in
doing so, the Native American language resource and
training center--
``(i) does so as a subsidiary activity;
``(ii) focuses benefits on Native Americans
living in Native American communities, or
closely tied to such communities; and
``(iii) ensures that one of the outcomes
being strengthened through this subparagraph is
the use of one or more Native American
languages in a Native American community.
``(3) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means--
``(i) an institution of higher education;
``(ii) an entity within an institution of
higher education with dedicated responsibility
for Native American language and culture
education;
``(iii) a consortium of such institutions;
``(iv) a consortium of such institutions
and other entities with unique responsibilities
for Native American languages;
``(v) an Indian tribe;
``(vi) a consortium of Indian tribes; or
``(vii) a Native Hawaiian organization.
``(B) Indian tribe.--The term `Indian tribe' has
the meaning given the term in section 5 of the Honoring
Promises to Native Nations Act.
``(C) Native american; native american language.--
The terms `Native American' and `Native American
language' have the meanings given those terms in
section 103 of the Native American Languages Act (25
U.S.C. 2902).
``(D) Native hawaiian organization.--The term
`Native Hawaiian organization' has the meaning given
the term in section 5 of the Honoring Promises to
Native Nations Act.''; and
(3) in the matter preceding paragraph (1) of subsection
(c), as redesignated by paragraph (1), by striking ``subsection
(a)'' and inserting ``this section''.
SEC. 312. CULTURALLY INCLUSIVE EDUCATION.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Indian Education.
(2) Eligible program participant.--The term ``eligible
program participant'' means--
(A) a high school teacher, a teacher of one of the
middle grades, or a school leader of a high school or a
school that includes one of the middle grades (as such
terms are defined in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801));
(B) an educational leader or expert who is not
employed by a local educational agency (as defined in
section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801)) or an elementary school
or secondary school (as such terms are so defined) that
is independent of any local educational agency; or
(C) a prospective teacher enrolled in a program of
postsecondary education coursework or preservice
clinical education.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(b) Program Authorized; Appropriation.--
(1) Funding.--There is authorized to be appropriated to
carry out this section, and there is appropriated, out of any
monies in the Treasury not otherwise appropriated, $15,000,000.
(2) Donations, gifts, bequests, and devises of property.--
In accordance with chapter 23 of title 36, United States Code,
and in furtherance of the purposes of this section, the
Director and Secretary are authorized to solicit, accept, hold,
administer, invest, and use donated funds and gifts, bequests,
and devises of property, both real and personal.
(3) Use of funds.--The Director, in coordination with the
Secretary, using funds appropriated under paragraph (1) and
resources received under paragraph (2), and including through
the engagement of eligible program participants as
appropriate--
(A) shall develop and nationally disseminate
accurate, relevant, and accessible resources to promote
understanding about Native American history, the Native
American experience, and the legal responsibility of
the Federal Government to Indian tribes and Native
Hawaiian people, which shall include digital resources
and may include other types of resources, such as print
resources and traveling exhibitions, with the goal of
helping educators overcome barriers to accessing
reliable, quality, and accurate resources that will
improve awareness and understanding of those subjects;
and
(B) may carry out one or more of the following
Native American education program activities:
(i) Development, dissemination, and
implementation of principles of sound pedagogy
for teaching about Native American history.
(ii) Provision of professional development
for eligible program participants, such as
through--
(I) local, regional, and national
workshops;
(II) teacher trainings in
conjunction with Native American
history education centers and other
appropriate partners;
(III) engagement with--
(aa) local educational
agencies (as defined in section
8101 of the Elementary and
Secondary Education Act of 1965
(20 U.S.C. 7801)); and
(bb) high schools and
schools that include one of the
middle grades (as so defined)
that are independent of any
local educational agency; and
(IV) operation and expansion of a
teacher fellowship program to cultivate
and support leaders in Native American
history education.
(iii) Engagement with State and local
education leaders to encourage the adoption of
resources supported under this section into
curricula across diverse disciplines.
(iv) Evaluation and research to assess the
effectiveness and impact of Native American
history education programs, which may include
completion of the report required under
subsection (e).
(4) Applications.--The Director, in coordination with the
Secretary, may seek the engagement of an eligible program
participant under paragraph (3) by requiring submission of an
application to the Director at such time, in such manner, and
based on such competitive criteria as the Director may require.
(c) Online Native American Education Resources.--
(1) Website.--The Secretary of the Interior shall maintain
on the website of the Department of the Interior a special
section designated for Native American history and Tribal
governance resources to improve awareness and understanding of
the Federal trust responsibility and treaty obligations, Tribal
governance systems, Native American history in the United
States, and cultural assimilation practices of the Indian
boarding school experience, as a means to raise awareness about
the importance of preventing genocide, hate, and bigotry
against any group of people. The website and resources shall be
made publicly available.
(2) Information distribution.--The Director shall
distribute information about the activities funded under this
section through the website of the Department of the Interior,
and shall respond to inquiries for supplementary information
concerning such activities.
(3) Best practices.--The information distributed by the
Director shall include best practices for educators.
(d) Engagement of Eligible Program Participants.--
(1) In general.--An eligible program participant shall be
engaged at the discretion of the Director to participate in
Native American history education program activities authorized
under this section and approved by the Director pursuant to an
application described in subsection (b)(4).
(2) Engagement period.--Engagement of eligible program
participants under this section shall be for a period
determined by the Director.
(3) Priority.--In engaging eligible program participants
under subsection (b), the Director shall give priority to
applications from such participants who work for or with a
local educational agency, or a school that is independent of
any local educational agency, that works with an Indian tribe
within the territorial boundaries of the State in which the
agency or school provides educational services, to develop the
appropriate curriculum for the agency or school.
(e) Annual Report.--Not later than February 1 of each year, the
Director shall submit to Congress a report describing the activities
carried out under this section.
SEC. 313. ALASKA NATIVE EDUCATION PROGRAMS.
Part C of title VI of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7541 et seq.) is amended by adding at the end the
following:
``SEC. 6307. FUNDING.
``(a) In General.--Subject to subsection (b), there is authorized
to be appropriated to carry out this part, and there is appropriated,
out of any monies in the Treasury not otherwise appropriated,
$44,000,000 for fiscal year 2023 and each fiscal year thereafter.
``(b) Adjustment for Inflation.--The amount made available under
subsection (a) for fiscal year 2024 and each fiscal year thereafter
shall be adjusted annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau of Labor
Statistics.''.
SEC. 314. EVERY STUDENT SUCCEEDS ACT IMPLEMENTATION.
(a) Student Assessment Systems.--Section 8204 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7824) is amended by adding
at the end the following:
``(d) Funding.--There are authorized to be appropriated, and there
are appropriated, out of any monies in the Treasury not otherwise
appropriated--
``(1) $35,000,000 for fiscal year 2023 to develop
assessments consistent with section 1111 for Bureau-funded
schools; and
``(2) $20,000,000 for fiscal year 2024 and each succeeding
fiscal year to carry out the assessments consistent with
section 1111 for Bureau-funded schools.''.
(b) Indian Education Formula Grants.--Subpart 1 of part A of title
VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7521 et seq.) is amended by adding at the end the following:
``SEC. 6120. FUNDING.
``(a) In General.--Subject to subsection (b), there is authorized
to be appropriated to carry out this subpart, and there is
appropriated, out of any monies in the Treasury not otherwise
appropriated, $198,000,000 for fiscal year 2023 and each fiscal year
thereafter.
``(b) Adjustment for Inflation.--The amount made available under
subsection (a) for fiscal year 2024 and each fiscal year thereafter
shall be adjusted annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau of Labor
Statistics.''.
SEC. 315. FUNDING FOR LOCAL TRIBAL EDUCATIONAL AGENCIES AND TRIBAL
EDUCATION OFFICES.
(a) Definition of Tribal Educational Agency.--In this section, the
term ``Tribal educational agency'' means the agency, department, or
instrumentality of an Indian tribe (as defined in section 6132(b) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7452(b)))
that is primarily responsible for supporting the elementary and
secondary education of students who are members of the Indian tribe.
(b) Funding.--
(1) In general.--Subject to paragraph (2), there are
authorized to be appropriated to make grants to Tribal
educational agencies, and there are appropriated, out of any
monies in the Treasury not otherwise appropriated, for fiscal
year 2023 and each fiscal year thereafter--
(A) to the Secretary of Education, $10,000,000; and
(B) to the Secretary of the Interior, $10,000,000.
(2) Adjustment for inflation.--The amounts made available
under subparagraphs (A) and (B) of paragraph (1) for fiscal
year 2024 and each fiscal year thereafter shall be adjusted
annually to reflect the change in the Consumer Price Index for
All Urban Consumers published by the Bureau of Labor
Statistics.
SEC. 316. GRADUATE OPPORTUNITIES AT TRIBAL COLLEGES AND UNIVERSITIES.
Part A of title III of the Higher Education Act of 1965 (20 U.S.C.
1057 et seq.) is amended by adding at the end the following:
``SEC. 320B. STRENGTHENING PROFESSIONAL AND GRADUATE OPPORTUNITIES AT
TRIBAL COLLEGES AND UNIVERSITIES.
``(a) Definitions.--In this section:
``(1) Eligible institution.--Notwithstanding section
312(b), the term `eligible institution' means an institution of
higher education that--
``(A) is a Tribal College or University; and
``(B) offers a professional certificate or graduate
degree program.
``(2) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term in
section 316(b).
``(b) Purposes.--The purposes of this section are to--
``(1) expand professional and graduate educational
opportunities for, and improve the academic attainment of,
American Indians and Alaska Natives in high-demand fields and
fields in which American Indians and Alaska Natives are
underrepresented; and
``(2) strengthen and enhance the quality of professional
and graduate programs at Tribal Colleges and Universities.
``(c) Program Authorized.--
``(1) In general.--The Secretary shall award grants, on a
competitive basis, to eligible institutions to enable the
eligible institutions to carry out the authorized activities
described in subsection (e).
``(2) Duration.--A grant awarded under this section shall
be for a period of not more than 5 years.
``(d) Application and Award Basis.--
``(1) Application.--An eligible institution desiring a
grant under this section shall submit an application to the
Secretary at such time and in such manner as the Secretary may
require. Such application shall demonstrate how the grant funds
will be used to strengthen graduate and professional
opportunities for American Indian and Alaska Native students at
Tribal Colleges and Universities.
``(2) Streamlined process.--The Secretary shall establish
application requirements in such a manner as to simplify and
streamline the process for applying for grants under this
section.
``(3) Priority.--Notwithstanding section 313(b), in
awarding grants under this section, the Secretary shall give
priority to institutions receiving funding under section 316
for fiscal year 2022.
``(e) Authorized Activities.--Grants awarded under this section
shall be used for 1 or more of the following activities:
``(1) Purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes.
``(2) Construction, maintenance, renovation, and
improvement of classrooms, libraries, laboratories, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services.
``(3) Purchase of library books, periodicals, technical and
other scientific journals, microfilm, microfiche, and other
educational materials, including telecommunications program
materials.
``(4) Support for American Indian and Alaska Native
students including outreach, academic support services,
mentoring, scholarships, fellowships, and other financial
assistance to permit the enrollment of such students in
professional certificate programs and graduate degree programs.
``(5) Establishment or improvement of a development office
to strengthen and increase contributions from professional and
graduate alumni and the private sector.
``(6) Assistance in the establishment or maintenance of an
institutional endowment to facilitate financial independence
pursuant to section 331.
``(7) Professional and graduate program funds management
and administrative management, and the acquisition of
equipment, including software, for use in strengthening such
funds management and management information systems.
``(8) Acquisition of real property that is adjacent to the
campus in connection with the construction, renovation, or
improvement of, or an addition to, a campus facility essential
to a professional certificate program or graduate degree
program.
``(9) Education or financial information designed to
improve the financial literacy and economic literacy of
professional and graduate students, especially with regard to
student indebtedness and student assistance programs under
title IV.
``(10) Tutoring, counseling, and student service programs
designed to improve academic success.
``(11) Support of faculty exchanges, faculty development,
faculty research, research publication and dissemination,
curriculum development, academic instruction, and student
research mentoring.
``(12) Creation and improvement of a facility for broadband
or other distance education technology, including purchase or
rental of telecommunications technology equipment or services.
``(13) Collaboration with other institutions of higher
education to expand graduate degree programs and professional
certificates.
``(14) Other activities proposed in the application
submitted pursuant to subsection (d) that--
``(A) contribute to carrying out the purposes of
this section; and
``(B) are approved by the Secretary in the review
and acceptance of such application.
``(f) Special Rules.--
``(1) Concurrent funding.--An eligible institution that
receives a grant under this section may concurrently receive
funds under section 316.
``(2) Limit on number of grants.--An eligible institution
shall not receive more than 1 grant under this section in any
fiscal year.
``(3) Exemption.--Section 313(d) shall not apply to an
eligible institution that receives a grant under this
section.''.
TITLE IV--HOUSING
SEC. 401. FINDINGS.
Congress finds that--
(1) there is a housing crisis in Indian country that has
worsened over the 20-year period preceding the date of
introduction of this Act;
(2) the trust obligations of the Federal Government include
providing housing opportunities for Native Americans;
(3) funding for the block grant programs under titles I and
VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq., 25 U.S.C.
4221 et seq.)--
(A) has not matched inflation; and
(B) fails to cover the growing construction costs
and demand for housing in Indian country;
(4) due in part to a lack of affordable housing, many
Native Americans live in overcrowded conditions, resulting in--
(A) the average household size for Native Americans
exceeding that of the overall average household size in
the United States; and
(B) overcrowding rates in Tribal areas exceeding
that of the overall overcrowding rate in other areas in
the United States;
(5) lack of access to water is a substantially larger
problem in Indian country than in the United States as a whole;
and
(6) the historical displacement by the Federal Government
of Native American communities to remote locations and the
ongoing failure of the Federal Government to support the
development of adequate infrastructure, including access to
water, roads, and other basic utilities, continues to
exacerbate housing inequities in Indian country.
SEC. 402. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Federal Government should provide steady,
equitable, noncompetitive, and nondiscretionary funding
directly to Indian tribes, Tribal governments, tribal
organizations, and Native Hawaiian organizations to support the
development of housing;
(2) legislation to address the housing needs in Native
American, Alaska Native, and Native Hawaiian communities (known
as the ``American Housing and Economic Mobility Act of 2021'',
S. 1368 and H.R. 2768, 117th Congress, as introduced in April
2021 and previously supported in a resolution adopted by the
National American Indian Housing Council) should be enacted
without delay; and
(3) the Secretary of Housing and Urban Development should
continue to consult with Indian tribes, confer with tribal
organizations, and collaborate with Native Hawaiian
organizations to ensure that Indian tribes, tribal
organizations, and Native Hawaiian organizations are maximizing
their capacity and technical expertise to provide for increased
housing and infrastructure in their communities.
SEC. 403. INDIAN HOUSING BLOCK GRANT PROGRAM.
Section 108 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4117) is amended to read as
follows:
``SEC. 108. FUNDING.
``(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to provide
grants under this title for fiscal year 2023 and each fiscal year
thereafter.
``(b) Mandatory Funding.--
``(1) In general.--On October 1, 2023, and on each October
1 thereafter, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Secretary to provide grants under this title
$2,500,000,000, to remain available until expended.
``(2) Inflation adjustment.--The amount made available
under paragraph (1) for fiscal year 2024 and each fiscal year
thereafter shall be adjusted annually to reflect the change in
the Consumer Price Index for All Urban Consumers published by
the Bureau of Labor Statistics.
``(3) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to provide
grants under this title the funds transferred under paragraph
(1), without further appropriation.''.
SEC. 404. NATIVE HAWAIIAN HOUSING BLOCK GRANT PROGRAM.
Section 824 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4243) is amended--
(1) by striking ``are authorized'' and inserting ``is
authorized''; and
(2) by striking ``such sums as may be necessary for each of
fiscal years 2001, 2002, 2003, 2004, and 2005'' and inserting
``$47,000,000 for fiscal year 2023 and each fiscal year
thereafter''.
SEC. 405. SET-ASIDE OF USDA RURAL HOUSING FUNDING FOR INDIAN TRIBES.
Section 509 of the Housing Act of 1949 (42 U.S.C. 1479) is amended
by adding at the end the following:
``(g) Set-Aside for Indian Tribes.--
``(1) In general.--For each fiscal year, the Secretary
shall set aside and reserve for assistance for Indian tribes
(as defined in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103))
an amount equal to 5.0 percent in each fiscal year of the
aggregate amount of lending authority, budget authority, or
guarantee authority, as appropriate, made available for the
fiscal year for assistance under each of sections 502, 504,
515, 533, and 538 and of the aggregate amount made available to
the Rural Utilities Service to carry out programs or
activities.
``(2) Reallocation.--The procedure under paragraph (1) for
reserving amounts shall provide that any assistance set aside
in any fiscal year for Indian tribes that has not been expended
by a reasonable date established by the Secretary shall be made
available and allocated under the laws and regulations relating
to such assistance, notwithstanding this subsection.''.
SEC. 406. RESTORING AUTHORITY OF INDIAN TRIBES AND TRIBALLY DESIGNATED
HOUSING ENTITIES IN CERTAIN HOUSING PROGRAMS.
(a) Voucher Program.--Section 502 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4181) is
amended by adding at the end the following:
``(c) Applicability.--Subsections (a) and (b) shall not apply with
respect to tenant-based assistance provided under section 8(o) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)).''.
(b) HUD Counseling.--Section 106(a)(4)(A) of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701x(a)(4)(A)) is amended by
striking ``and State housing finance agencies'' and inserting ``State
housing finance agencies, and tribally designated housing entities (as
defined in section 4 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4103)).''.
SEC. 407. INDIAN COMMUNITY DEVELOPMENT BLOCK GRANTS.
Title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) is amended by adding at the end the following:
``SEC. 123. INDIAN COMMUNITY DEVELOPMENT BLOCK GRANTS.
``(a) In General.--In addition to any amounts allocated to Indian
tribes under section 106(a)(1), there is authorized to be appropriated
to the Secretary for grants under this title for Indian tribes, and
there is appropriated, out of any monies in the Treasury not otherwise
appropriated, $150,000,000 for fiscal year 2023 and each fiscal year
thereafter.
``(b) Inflationary Adjustment.--The amount made available under
subsection (a) for fiscal year 2024 and each fiscal year thereafter
shall be adjusted annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau of Labor
Statistics.''.
SEC. 408. LOAN GUARANTEES FOR INDIAN HOUSING.
(a) Housing and Community Development Act of 1992.--Section
184(i)(7) of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a(i)(7)) is amended to read as follows:
``(7) Appropriations.--
``(A) In general.--To carry out this section, there
is authorized to be appropriated to the Guarantee Fund,
and there is appropriated, out of any monies in the
Treasury not otherwise appropriated, $20,000,000 for
fiscal year 2023 and each fiscal year thereafter.
``(B) Adjustment for inflation.--The amount made
available under subparagraph (A) for fiscal year 2024
and each fiscal year thereafter shall be adjusted
annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau
of Labor Statistics.''.
(b) Native American Housing Assistance and Self-Determination Act
of 1996.--Title VI of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4191 et seq.) is amended--
(1) by striking the first section 606 (25 U.S.C. 4191 note)
(relating to the effective date); and
(2) by adding at the end the following:
``SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to
provide loan guarantees under this title--
``(1) $10,000,000 for fiscal year 2023; and
``(2) for fiscal year 2024 and each fiscal year thereafter,
the applicable amount during the preceding fiscal year, as
adjusted to reflect changes for the 12-month period ending the
preceding November 30 in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor.''.
SEC. 409. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Section 184A(j)(7) of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z-13b(j)(7)) is amended--
(1) by striking ``such sums as may be necessary for each of
fiscal years 2001, 2002, 2003, 2004, and 2005'' and inserting
``$2,500,000 for fiscal year 2023 and each fiscal year
thereafter'';
(2) by striking ``There are'' and inserting the following:
``(A) In general.--Subject to subparagraph (B),
there is''; and
(3) by adding at the end the following:
``(B) Adjustment for inflation.--The amount made
available under subparagraph (A) for fiscal year 2024
and each fiscal year thereafter shall be adjusted
annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau
of Labor Statistics.''.
SEC. 410. DIRECT HOUSING LOANS FOR NATIVE AMERICAN VETERANS PROGRAM.
(a) Funding Reauthorization.--Section 3763 of title 38, United
States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Funding.--
``(1) In general.--For fiscal year 2023 and each fiscal
year thereafter, there is authorized to be appropriated, and
there is appropriated, out of any monies in the Treasury not
otherwise appropriated, $20,000,000 to the Secretary, for
deposit in the Account.
``(2) Adjustment for inflation.--The amount made available
under paragraph (1) for fiscal year 2024 and each fiscal year
thereafter shall be adjusted annually to reflect the change in
the Consumer Price Index for All Urban Consumers published by
the Bureau of Labor Statistics.''.
(b) Definition of Native Hawaiian Veterans.--Section 3765(3)(B) of
title 38, United States Code, is amended by striking ``native Hawaiian,
as that term is defined in section 201(a)(7) of the Hawaiian Homes
Commission Act, 1920 (Public Law 67-34; 42 Stat. 108)'' and inserting
``Native Hawaiian, as that term is defined in section 6207 of the
Native Hawaiian Education Act (20 U.S.C. 7517)''.
SEC. 411. TRIBAL HUD-VASH PROGRAM.
Section 8(o)(19) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(19)) is amended by adding at the end the following:
``(E) Indian veterans housing rental assistance
program.--
``(i) Definitions.--In this subparagraph:
``(I) Eligible indian veteran.--The
term `eligible Indian veteran' means an
Indian veteran who is--
``(aa) homeless or at risk
of homelessness; and
``(bb) living--
``(AA) on or near a
reservation; or
``(BB) in or near
any other Indian area.
``(II) Eligible recipient.--The
term `eligible recipient' means a
recipient eligible to receive a grant
under section 101 of the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4111).
``(III) Indian; indian area.--The
terms `Indian' and `Indian area' have
the meanings given those terms in
section 4 of the Native American
Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4103).
``(IV) Indian veteran.--The term
`Indian veteran' means an Indian who is
a veteran.
``(V) Program.--The term `Program'
means the Tribal HUD-VASH program
carried out under clause (ii).
``(VI) Tribal organization.--The
term `tribal organization' has the
meaning given the term in section 4 of
the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
5304).
``(ii) Program specifications.--The
Secretary shall carry out a rental assistance
and supported housing program, to be known as
the `Tribal HUD-VASH program', in conjunction
with the Secretary of Veterans Affairs, by
awarding grants for the benefit of eligible
Indian veterans.
``(iii) Model.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary shall model the Program on
the rental assistance and supported
housing program authorized under
subparagraph (A) and applicable
appropriations Acts, including
administration in conjunction with the
Secretary of Veterans Affairs.
``(II) Exceptions.--
``(aa) Secretary of housing
and urban development.--After
consultation with Indian tribes
and collaboration with eligible
recipients and any other
appropriate tribal
organizations, the Secretary
may make necessary and
appropriate modifications to
facilitate the use of the
Program by eligible recipients
to serve eligible Indian
veterans.
``(bb) Secretary of
veterans affairs.--After
consultation with Indian tribes
and collaboration with eligible
recipients and any other
appropriate tribal
organizations, the Secretary of
Veterans Affairs may make
necessary and appropriate
modifications to facilitate the
use of the Program by eligible
recipients to serve eligible
Indian veterans.
``(iv) Eligible recipients.--The Secretary
shall make amounts for rental assistance and
associated administrative costs under the
Program available in the form of grants to
eligible recipients.
``(v) Funding criteria.--The Secretary
shall, after engaging in Tribal consultation,
award grants under the Program based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria
established by the Secretary in a
notice published in the Federal
Register after consulting with the
Secretary of Veterans Affairs.
``(vi) Administration.--Grants awarded
under the Program shall be administered in
accordance with the Native American Housing
Assistance and Self-Determination Act of 1996
(25 U.S.C. 4101 et seq.), except that
recipients shall--
``(I) submit to the Secretary, in a
manner prescribed by the Secretary
after Tribal consultation, reports on
the utilization of rental assistance
provided under the Program; and
``(II) provide to the Secretary
information specified by the Secretary
after Tribal consultation, to assess
the effectiveness of the Program in
serving eligible Indian veterans.
``(vii) Consultation.--
``(I) Grant recipients; tribal
organizations.--The Secretary, in
coordination with the Secretary of
Veterans Affairs, shall consult with
Indian tribes that are eligible
recipients and collaborate with any
other appropriate tribal organization
on the design of the Program to ensure
the effective delivery of rental
assistance and supportive services to
eligible Indian veterans under the
Program.
``(II) Indian health service.--The
Director of the Indian Health Service
shall provide any assistance requested
by the Secretary or the Secretary of
Veterans Affairs in carrying out the
Program.
``(viii) Waiver.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary may waive or specify
alternative requirements for any
provision of law (including
regulations) that the Secretary
administers in connection with the use
of rental assistance made available
under the Program if the Secretary
finds that the waiver or alternative
requirement is necessary for the
effective delivery and administration
of rental assistance under the Program
to eligible Indian veterans.
``(II) Exception.--The Secretary
may not waive or specify alternative
requirements under subclause (I) for
any provision of law (including
regulations) relating to labor
standards or the environment.
``(ix) Renewal grants.--The Secretary may,
after Tribal consultation--
``(I) set aside, from amounts made
available to carry out the Program,
such amounts as may be necessary to
award renewal grants to eligible
recipients that received a grant under
the Program in a previous year; and
``(II) specify criteria that an
eligible recipient must satisfy to
receive a renewal grant under subclause
(I), including providing data on how
the eligible recipient used the amounts
of any grant previously received under
the Program.
``(x) Reporting.--
``(I) In general.--Not later than 1
year after the date of enactment of
this subparagraph, and every 5 years
thereafter, the Secretary, in
coordination with the Secretary of
Veterans Affairs and the Director of
the Indian Health Service, shall--
``(aa) conduct a review of
the implementation of the
Program, including any factors
that may have limited its
success; and
``(bb) submit a report
describing the results of the
review under item (aa) to--
``(AA) the
Committee on Indian
Affairs, the Committee
on Banking, Housing,
and Urban Affairs, the
Committee on Veterans'
Affairs, and the
Committee on
Appropriations of the
Senate;
``(BB) the
Subcommittee on Indian,
Insular and Alaska
Native Affairs of the
Committee on Natural
Resources, the
Committee on Financial
Services, the Committee
on Veterans' Affairs,
and the Committee on
Appropriations of the
House of
Representatives; and
``(CC) Indian
tribes that request the
report.
``(II) Analysis of housing stock
limitation.--The Secretary shall
include in the initial report submitted
under subclause (I) a description of--
``(aa) any regulations
governing the use of formula
current assisted stock (as
defined in section 1000.314 of
title 24, Code of Federal
Regulations (or any successor
regulation)) within the
Program;
``(bb) the number of
recipients of grants under the
Program that have reported the
regulations described in item
(aa) as a barrier to
implementation of the Program;
and
``(cc) proposed alternative
legislation or regulations
developed by the Secretary in
consultation or collaboration
with recipients of grants under
the Program to allow the use of
formula current assisted stock
within the Program.
``(xi) Appropriations.--
``(I) In general.--To carry out the
Program, there is authorized to be
appropriated to the Secretary, and
there is appropriated, out of any
monies in the Treasury not otherwise
appropriated, $15,000,000 for fiscal
year 2023 and each fiscal year
thereafter.
``(II) Adjustment for inflation.--
The amount made available under clause
(i) for fiscal year 2024 and each
fiscal year thereafter shall be
adjusted annually to reflect the change
in the Consumer Price Index for All
Urban Consumers published by the Bureau
of Labor Statistics.''.
SEC. 412. HOUSING IMPROVEMENT PROGRAM, BUREAU OF INDIAN AFFAIRS.
(a) In General.--There is authorized to be appropriated to the
Director of the Bureau of Indian Affairs to carry out the Housing
Improvement Program of the Bureau of Indian Affairs authorized under
the Act of November 2, 1921 (25 U.S.C. 13) (commonly known as the
``Snyder Act''), and there is appropriated, out of any monies in the
Treasury not otherwise appropriated, $400,000,000 for fiscal year 2023
and each fiscal year thereafter.
(b) Adjustment for Inflation.--The amount made available under
subsection (a) for fiscal year 2024 and each fiscal year thereafter
shall be adjusted annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau of Labor
Statistics.
(c) Tribal Consultation.--The Bureau of Indian Affairs shall engage
in Tribal consultation to ensure that the Housing Improvement Program's
funding formula does not disadvantage Indian tribes of certain sizes or
from certain Bureau of Indian Affairs regions.
SEC. 413. TRIBAL UNINHABITABLE HOUSING IMPROVEMENT PROGRAM.
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is
amended by adding at the end the following:
``SEC. 545. TRIBAL UNINHABITABLE HOUSING IMPROVEMENT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means an
Indian tribe or tribal organization located in a rural area
that has high levels of overcrowded housing and homelessness.
``(2) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian Self-
Determination and Educational Assistance Act (25 U.S.C. 5304).
``(b) Purpose.--The purpose of this section is to improve living
conditions and prevent homelessness in rural Tribal communities by--
``(1) assessing the condition of existing housing
resources; and
``(2) preventing those resources from--
``(A) deteriorating; and
``(B) becoming uninhabitable.
``(c) Grants.--
``(1) In general.--The Secretary shall award grants to
eligible entities--
``(A) to repair overcrowded homes to prevent the
homes from becoming uninhabitable;
``(B) to remediate homes that are generally
uninhabitable or fail to meet the housing quality
standards established under section 8(o)(8)(B) of the
United States Housing Act of 1937 (42 U.S.C.
1437f(o)(8)(B)); or
``(C) to repair homes damaged due to climate change
and extreme weather.
``(2) Priority.--In awarding grants under this subsection,
the Secretary may give priority to an eligible entity that is
located in a community with levels of overcrowded housing and
homelessness that the Secretary determines are among the
highest for communities in which eligible entities are located.
``(3) Use of multiple grants for same project.--Multiple
eligible entities that each receive a grant under this
subsection may use the grants for the same project.
``(d) Administrative Costs.--The Secretary may use not more than 3
percent of the amounts made available to carry out this section--
``(1) to administer the competition for grants under this
section;
``(2) to provide oversight of grantees; and
``(3) to collect data on the use of grants awarded under
this section.
``(e) Funding.--
``(1) In general.--There is authorized to be appropriated
to the Secretary to provide grants under this section, and
there is appropriated, out of any monies in the Treasury not
otherwise appropriated, $10,000,000 for fiscal year 2023 and
each fiscal year thereafter.
``(2) Adjustment for inflation.--The amount made available
under paragraph (1) for fiscal year 2024 and each fiscal year
thereafter shall be adjusted annually to reflect the change in
the Consumer Price Index for All Urban Consumers published by
the Bureau of Labor Statistics.
``(f) Relationship to Other Assistance.--The receipt by an eligible
entity of a grant under this section shall not affect the eligibility
of the eligible entity for any other assistance provided by the
Secretary.''.
SEC. 414. COORDINATED ENVIRONMENTAL REVIEW PROCESS WORKGROUP.
(a) Establishment.--There is established a workgroup, to be known
as the ``Coordinated Environmental Review Process Workgroup'' (referred
to in this section as the ``Workgroup''), consisting of the head (or a
designee) of each of--
(1) the Department of Agriculture;
(2) the Department of Commerce;
(3) the Department of Energy;
(4) the Department of Health and Human Services;
(5) the Department of Housing and Urban Development;
(6) the Department of the Interior;
(7) the Department of Transportation;
(8) the Council on Environmental Quality; and
(9) the Environmental Protection Agency.
(b) Chairperson.--The Secretary of Housing and Urban Development
(or a designee) shall--
(1) serve as chairperson of the Workgroup; and
(2) be responsible for convening meetings and coordinating
the activities of the Workgroup.
(c) Duties.--The Workgroup shall--
(1) assess whether each member agency of the Workgroup has
adopted the recommendations made in the report entitled
``Coordinated Environmental Review Process Final Report'' and
dated December 15, 2015, prepared by the Department of Housing
and Urban Development, in collaboration with the Coordinated
Environmental Review Process Workgroup established pursuant to
Senate Report 113-182 (2014), accompanying S. 2438, 113th
Congress;
(2) to the extent that any recommendation described in
paragraph (1) has not been implemented, establish a plan for
implementation of the recommendation; and
(3) prepare and submit to Congress the reports required
under subsection (d).
(d) Reports.--
(1) Initial.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Housing and Urban
Development, in collaboration with the Workgroup, shall submit
to the Committee on Indian Affairs of the Senate and the
Committee on Natural Resources of the House of Representatives
a report describing--
(A) the results of the assessment under subsection
(c)(1);
(B) any plan established under subsection (c)(2);
and
(C) its plan to engage in Tribal consultation
regarding implementation.
(2) Updates.--Not later than 1 year after the date of
submission of the report under paragraph (1), and not less
frequently annually thereafter, the Secretary of Housing and
Urban Development, in collaboration with the Workgroup, shall
submit to the Committees described in that paragraph an updated
report in accordance with that paragraph.
TITLE V--ECONOMIC DEVELOPMENT
SEC. 501. FINDINGS.
Congress finds that--
(1) the Federal Government has failed to honor its trust
responsibility to promote Tribal self-determination through the
support of economic development on Tribal lands;
(2) the Federal Government has failed to assist Indian
tribes with the individualized economic development necessary
for Indian tribes--
(A) to exercise self-determination; and
(B) to make knowledgeable decisions as to how to
best develop and manage the resources on Tribal lands
for the benefit of the Indian tribe;
(3) Native Americans experience--
(A) a poverty rate that is approximately twice the
national average; and
(B) higher rates of unemployment than any other
group of people in the United States;
(4) due to the remote location of many Indian tribes,
individuals may have long commutes, which are further
exacerbated by inadequate roads and infrastructure due to
chronic underfunding and lack of transportation;
(5) Indian tribes have had limited access to, or, in many
cases, no direct access to, electricity, water, broadband, and
adequate infrastructure;
(6)(A) only 65 percent of American Indians and Alaska
Natives living on Tribal lands have access to fixed broadband
services;
(B) only 69 percent of American Indian, Alaska Native, and
Native Hawaiian households residing on rural Tribal lands have
telephone services; and
(C) the lack of access described in subparagraphs (A) and
(B) is in stark contrast with the national average of 98
percent of households that have access to telephone services,
and 92 percent of individuals living outside of Tribal lands
that have access to fixed broadband services;
(7) approximately 1,500,000 people living on Tribal lands
lack access to broadband;
(8) 75 percent of rural Indian Health Service facilities
still lack reliable broadband networks for American Indians and
Alaska Natives to access telehealth or clinical health care
services, which is a critical need in the most geographically
isolated areas of the United States, furthering economic
inequities on Tribal lands;
(9) according to the Bureau of Indian Education, up to 95
percent of Native American students at some Bureau of Indian
Education schools cannot access internet services at home;
(10) lack of internet access negatively affects the ability
to conduct business online, which took on increased importance
since the beginning of the Coronavirus Disease 2019 (COVID-19)
pandemic; and
(11) very few Indian tribes have established
telecommunications companies to provide residential phone and
internet services.
SEC. 502. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Congress should determine and provide the funding
needed to meet the essential utilities and core infrastructure
needs on Tribal lands, such as electricity, water,
telecommunications, and roads;
(2) Congress should--
(A) provide direct, mandatory funding to Indian
tribes and the Department of Hawaiian Home Lands; and
(B) allow Indian tribes and the Department of
Hawaiian Home Lands to leverage Federal funding;
(3) in cases in which Federal infrastructure projects occur
on or affect Tribal lands or Tribal or Native Hawaiian
communities, the Federal Government should engage in, as
applicable--
(A) consistent, transparent, and deferential
consultation with Indian tribes; and
(B) consistent, transparent, and deferential
collaboration with the Department of Hawaiian Home
Lands and Native Hawaiian organizations;
(4) the Federal Government should include Tribal
sovereignty principles for Indian tribes to manage and self-
govern natural resources, including electromagnetic spectrum
over Tribal lands, in accordance with the Federal trust
responsibility and acknowledgment of their sovereignty, to
promote economic development and self-management of those
modern natural resources;
(5) the Federal Government should clarify the inherent
ownership by Indian tribes and Native Hawaiian organizations of
spectrum licenses and spectrum over Tribal lands and Hawaiians,
and preserve that ownership, in furtherance of the Federal
trust responsibility over, and Indian and Native Hawaiian self-
governance of their own modern natural resources;
(6) the Federal Government should--
(A) diminish the effect of the Tribal priority
filing windows, auctions for spectrum licenses over
Tribal lands, and assignment and leasing of spectrum
over Tribal lands carried out by the Federal
Communications Commission;
(B) ensure the competitive bidding authority of the
Federal Communications Commission does not apply to
licenses or construction permits issued by the
Commission over Tribal lands and Hawaiian home lands;
and
(C) permanently eliminate the public availability
of spectrum over Tribal lands and Hawaiian home lands;
and
(7) legislation to address the lack of spectrum access by
Indian tribes over Tribal lands and to deploy wireless
broadband services, in furtherance of Tribal sovereignty (known
as the ``DIGITAL Reservations Act'' or the ``Deploying the
Internet by Guaranteeing Indian Tribes Autonomy over Licensing
on Reservations Act'', S. 4331 and H.R. 7774, 116th Congress,
as introduced on July 27, 2020, and July 24, 2020,
respectively), should be enacted without delay.
Subtitle A--Economic Development, Infrastructure, and Investments
SEC. 511. TRIBAL TRANSPORTATION PROGRAM.
(a) In General.--There are authorized to be appropriated to carry
out the tribal transportation program under section 202 of title 23,
United States Code, and there are appropriated, out of any monies in
the Treasury not otherwise appropriated--
(1) for each of fiscal years 2023 through 2025,
$1,000,000,000; and
(2) for fiscal year 2026 and each fiscal year thereafter,
$800,000,000.
(b) Adjustment for Inflation.--The amounts made available under
subsection (a) for fiscal year 2027 and each fiscal year thereafter
shall be adjusted annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau of Labor
Statistics.
(c) Obligation Limitation.--The limitation on obligations for
Federal-aid highway and highway safety construction programs for each
fiscal year shall not apply to the amounts made available under
subsection (a).
(d) Treatment.--Amounts made available under subsection (a) shall
be available for obligation in accordance with section 201 of title 23,
United States Code.
SEC. 512. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
Section 1123(h) of MAP-21 (23 U.S.C. 202 note; Public Law 112-141)
is amended by striking paragraph (2) and inserting the following:
``(2) Appropriation.--There is authorized to be
appropriated, and there is appropriated, out of any monies in
the Treasury not otherwise appropriated, to carry out the
program $50,000,000 for fiscal year 2023 and each fiscal year
thereafter.''.
SEC. 513. BUREAU OF INDIAN AFFAIRS ROAD MAINTENANCE PROGRAM.
(a) In General.--There are authorized to be appropriated, and there
are appropriated, out of any monies in the Treasury not otherwise
appropriated, to the Director of the Bureau of Indian Affairs to carry
out the road maintenance program of the Bureau--
(1) for each of fiscal years 2023 through 2027,
$100,000,000; and
(2) for fiscal year 2028 and each fiscal year thereafter,
$50,000,000.
(b) Adjustment for Inflation.--The amounts made available under
subsection (a) for fiscal year 2029 and each fiscal year thereafter
shall be adjusted annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau of Labor
Statistics.
SEC. 514. TRIBAL TRANSIT PROGRAM.
Section 5311 of title 49, United States Code, is amended--
(1) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Public transportation on indian reservations.--
``(A) Appropriation.--For fiscal year 2023 and each
fiscal year thereafter, there is authorized to be
appropriated, and there is appropriated, out of any
monies in the Treasury not otherwise appropriated,
$75,000,000 for grants to Indian tribes for any purpose
eligible under this section, under such terms and
conditions as may be established by the Secretary.
``(B) Apportionment.--Amounts made available under
subparagraph (A) shall be apportioned as formula
grants, as provided in subsection (j).
``(C) Adjustment for inflation.--The amount made
available under subparagraph (A) for fiscal year 2024
and each fiscal year thereafter shall be adjusted
annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau
of Labor Statistics.''; and
(2) in subsection (j)(1)(A), in the matter preceding clause
(i), by striking ``described in subsection (c)(2)(B)'' and
inserting ``made available under subsection (c)(2)(A)''.
SEC. 515. TRIBAL TRANSPORTATION TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--For fiscal year 2023 and each fiscal year
thereafter, there is authorized to be appropriated, and there is
appropriated, out of any monies in the Treasury not otherwise
appropriated, $7,500,000 to carry out the tribal transportation
technical assistance program under section 504(b)(2)(D)(ii) of title
23, United States Code.
(b) Adjustment for Inflation.--The amount made available under
subsection (a) for fiscal year 2024 and each fiscal year thereafter
shall be adjusted annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau of Labor
Statistics.
(c) Obligation Limitation.--The limitation on obligations for
Federal-aid highway and highway safety construction programs for each
fiscal year shall not apply to the amounts made available under
subsection (a).
(d) Treatment.--Amounts made available under subsection (a) shall
be available for obligation in the same manner as if those funds were
apportioned under chapter 1 of title 23, United States Code.
(e) Tribal Consultation.--In carrying out the tribal transportation
technical assistance program under section 504(b)(2)(D)(ii) of title
23, United States Code, the Secretary of Transportation shall engage in
Tribal consultation.
SEC. 516. RURAL DEVELOPMENT TRIBAL TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--Subject to subsection (b), for each of fiscal
years 2023 through 2032, there is authorized to be appropriated, and
there is appropriated, out of any monies in the Treasury not otherwise
appropriated, $2,000,000 to the Secretary of Agriculture to provide
technical assistance under section 6302 of the Agriculture Improvement
Act of 2018 (7 U.S.C. 2671).
(b) Adjustment for Inflation.--The amount made available under
subsection (a) for each of fiscal years 2024 through 2032 shall be
adjusted annually to reflect the change in the Consumer Price Index for
All Urban Consumers published by the Bureau of Labor Statistics.
SEC. 517. NATIVE AMERICAN COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
ASSISTANCE PROGRAM.
(a) Non-Federal Share.--Section 108(e) of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C. 4707(e)) is
amended--
(1) in paragraph (1)--
(A) in the third sentence, by striking ``The Fund
shall provide no assistance'' and inserting the
following:
``(iii) Prohibition.--Subject to
subparagraph (B), no assistance may be provided
by the Fund'';
(B) in the second sentence, by striking ``Such
matching funds'' and inserting the following:
``(ii) Form.--The matching funds required
under clause (i)'';
(C) by striking the paragraph designation and
heading and all that follows through ``Assistance'' in
the first sentence and inserting the following:
``(1) Matching requirement.--
``(A) Requirement.--
``(i) In general.--Subject to subparagraph
(B) and paragraph (2), assistance''; and
(D) by adding at the end the following:
``(B) Waiver for certain individuals and
entities.--The requirements of subparagraph (A) shall
not apply to any individual or entity using the
assistance provided under this section only for the
benefit of Indians, Alaska Natives, Native Hawaiians,
or an Indian tribe.''; and
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``paragraph (1)'' and inserting ``paragraph
(1)(A)''.
(b) Funding.--Section 121 of the Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C. 4718) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Funding for Indians.--
``(1) In general.--There are authorized to be appropriated,
and there are appropriated, out of any monies in the Treasury
not otherwise appropriated, to the Fund for the purpose of
providing financial assistance, technical assistance, training,
and outreach programs to benefit Indian tribes, primarily
through Native Community Development Financial Institutions
with experience and expertise in community development banking
and lending in Indian country, and that are committed to
working with Indian organizations, Indian tribes, tribal
organizations, and other appropriate individuals and entities--
``(A) for fiscal year 2023, $55,000,000;
``(B) for fiscal year 2024, $65,000,000;
``(C) for fiscal year 2025, $70,000,000;
``(D) for fiscal year 2026, $75,000,000; and
``(E) for fiscal year 2027 and each fiscal year
thereafter, $80,000,000, subject to paragraph (2).
``(2) Adjustment for inflation.--The amounts made available
under paragraph (1)(E) for fiscal year 2028 and each fiscal
year thereafter shall be adjusted annually to reflect the
change in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics.''.
SEC. 518. TRIBAL REVOLVING FUNDS.
(a) Federal Water Pollution Control Act.--Section 518 of the
Federal Water Pollution Control Act (33 U.S.C. 1377) is amended--
(1) in subsection (c)(2), by striking ``0.5 percent and not
more than 2.0 percent'' and inserting ``5 percent''; and
(2) in subsection (f), in the second sentence, by striking
``subsection (d) of this section'' and inserting ``subsection
(e)''.
(b) Safe Drinking Water Act.--Section 1452(i)(1) of the Safe
Drinking Water Act (42 U.S.C. 300j-12(i)(1)) is amended--
(1) in the second sentence, by striking ``Except as'' and
inserting the following:
``(B) Use of grants.--Except as''; and
(2) by striking the paragraph designation and heading and
all that follows through ``may be used by the Administrator''
in the first sentence and inserting the following:
``(1) Grants.--
``(A) In general.--Notwithstanding any other
provision of law, not less than 5 percent of the
amounts made available for each fiscal year to carry
out this section shall be used by the Administrator''.
SEC. 519. TRIBAL WATER POLLUTION CONTROL.
Section 106 of the Federal Water Pollution Control Act (33 U.S.C.
1256) is amended by striking subsections (b) and (c) and inserting the
following:
``(b) Allotment.--Of the amounts made available to carry out this
section for each fiscal year, the Administrator shall--
``(1) subject to paragraph (2), make allotments to States
and interstate agencies in accordance with such regulations as
the Administrator may promulgate, based on the extent of the
pollution problem in each State; and
``(2) notwithstanding any other provision of law, allot to
Indian tribes not less than 20 percent.
``(c) Amount.--The Administrator may pay to each State, Indian
tribe, and interstate agency for each fiscal year an amount equal to
the lesser of--
``(1) the allotment of the State, Indian tribe, or
interstate agency for the fiscal year under subsection (b); and
``(2) the reasonable costs, as determined by the
Administrator, of developing and carrying out a pollution
program by the State, Indian tribe, or interstate agency during
the fiscal year.''.
SEC. 520. RURAL UTILITIES SERVICE WATER AND WASTE DISPOSAL PROGRAM.
Section 306C(e) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926c(e)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``Subject to paragraph (2), there'' and
inserting ``There'';
(B) in subparagraph (A), by adding ``and'' after
the semicolon at the end;
(C) in subparagraph (B), by striking ``; and'' at
the end and inserting a period; and
(D) by striking subparagraph (C); and
(2) in paragraph (2)--
(A) by striking ``paragraph (1)(C)'' and inserting
``this paragraph''; and
(B) by striking the paragraph designation and
heading and all that follows through ``An entity'' and
inserting the following:
``(2) Indians and indian tribes.--
``(A) Funding.--
``(i) In general.--Subject to subparagraph
(B), for fiscal year 2023 and each fiscal year
thereafter, there is authorized to be
appropriated, and there is appropriated, out of
any monies in the Treasury not otherwise
appropriated $100,000,000 to the Secretary to
provide grants and loans under this section to
benefit Indians and Indian tribes (as those
terms are defined in section 4 of the Indian
Self-Determination and Education Assistance Act
(25 U.S.C. 5304)).
``(ii) Adjustment for inflation.--The
amount made available under clause (i) for
fiscal year 2024 and each fiscal year
thereafter shall be adjusted annually to
reflect the change in the Consumer Price Index
for All Urban Consumers published by the Bureau
of Labor Statistics.
``(B) Exception.--An entity''.
SEC. 521. FUNDING FOR CLAIMS RESOLUTION ACT OF 2010.
Section 101(e)(1) of the Claims Resolution Act of 2010 (Public Law
111-291; 124 Stat. 3067) is amended--
(1) in subparagraph (B), by striking ``Settlement'' and
inserting ``Settlement, and during the 10-year period beginning
on the date of enactment of the Honoring Promises to Native
Nations Act''; and
(2) in subparagraph (C), by adding at the end the
following:
``(iii) Additional appropriation.--In
addition to amounts deposited in the Trust Land
Consolidation Fund under clause (i) and
subparagraph (D), not later than 1 year after
the date of enactment of the Honoring Promises
to Native Nations Act, the Secretary of the
Treasury shall deposit in the Trust Land
Consolidation Fund $1,900,000,000.''.
Subtitle B--Spectrum Sovereignty and Broadband Deployment on Tribal
Lands
SEC. 531. TRIBAL BROADBAND FUND.
(a) Establishment.--The Commission shall establish, as a permanent
Federal universal service support mechanism under section 254 of the
Communications Act of 1934 (47 U.S.C. 254), a mechanism to be known as
the ``Tribal Broadband Fund''.
(b) Annual Amount of Support.--
(1) Initial amount.--The amount of Federal universal
service support provided through the Tribal Broadband Fund
shall be $1,000,000,000 for fiscal year 2023.
(2) Proportional adjustment.--For fiscal year 2024 and each
fiscal year thereafter, the amount specified in paragraph (1)
shall be adjusted so that the amount of Federal universal
service support provided through the Tribal Broadband Fund for
such subsequent fiscal year bears the same proportion to the
amount of Federal universal service support provided through
all Federal universal service support mechanisms other than the
Tribal Broadband Fund for such subsequent fiscal year as the
proportion that $1,000,000,000 bears to the amount of Federal
universal service support provided through all Federal
universal service support mechanisms other than the Tribal
Broadband Fund for fiscal year 2023.
(c) Provision of Support.--The Commission shall use the Tribal
Broadband Fund to provide Federal universal service support to Indian
tribes, Department of Hawaiian Home Lands, and qualifying Tribal
entities to provide--
(1) technical assistance, deployment of broadband
infrastructure, maintenance, planning, training, and digital
literacy programs to increase broadband services and network
buildout on Tribal lands, in addition to further economic
development initiatives for all spectrum on Tribal lands,
including radio, television, broadcast, commercial, and
noncommercial uses, and current generation or better broadband
services;
(2) infrastructure for middle mile and long-haul fiber
buildout, adoption of digital literacy, and other related
resources to expedite the immediate deployment of, and full
access to, telecommunications, broadband, spectrum use and
future development, and wireless services (including broadband
service); and
(3) other smart infrastructure development and integration
on Tribal lands, and other related activities to ensure Tribal
lands have full access to high-speed broadband services,
telecommunications services, and other sovereignty of
communications infrastructure covering Tribal lands.
(d) Prioritization.--In allocating funds from the Tribal Broadband
Fund, the Commission--
(1) shall prioritize locations where telecommunications or
broadband services have left residents underserved; and
(2) may use funds in locations described in paragraph (1)
for last mile fiber, middle mile fiber, backhaul transit,
interconnection, and other costs and repairs to damaged
infrastructure.
(e) Technical Assistance.--The Commission shall provide requested
technical assistance, training programs, and grants to assist Indian
tribes, qualifying Tribal entities, the Department of Hawaiian Home
Lands, inter-Tribal government organizations, and Tribal Colleges and
Universities for the purpose of immediate deployment of
telecommunications or broadband services or infrastructure development
over Tribal lands.
(f) Final Order.--Not later than 18 months after the date of
enactment of this Act, the Commission shall release a final order
adopting rules and policies associated with the establishment,
implementation, and administration of the Tribal Broadband Fund.
(g) Rule of Construction.--Nothing in this section shall be
construed to limit or prevent an Indian tribe, the Department of
Hawaiian Home Lands, or a qualifying Tribal entity from accessing
existing or additional funding through the Commission or any other
Federal agency.
SEC. 532. OFFICE OF NATIVE AFFAIRS AND POLICY, FEDERAL COMMUNICATIONS
COMMISSION.
(a) Technical Assistance.--
(1) In general.--The Commission, acting through the Office
of Native Affairs and Policy and at the request of an Indian
tribe, the Department of Hawaiian Home Lands, or a qualifying
Tribal entity, shall provide technical assistance to apply for
and participate in--
(A) the Tribal Broadband Fund;
(B) other Federal universal service support
mechanisms;
(C) other Federal funding opportunities for
broadband or infrastructure development; and
(D) the Tribal Spectrum Market established under
section 534.
(2) Priority.--A request for technical assistance made
under this subsection from an Indian tribe, the Department of
Hawaiian Home Lands, or a qualifying Tribal entity shall
receive priority where telecommunications or broadband services
on Tribal lands--
(A) have not been deployed; or
(B) have been inadequately deployed to provide
broadband services over those Tribal lands, resulting
in unserved and underserved Tribal residents.
(3) Additional assistance.--The assistance under this
subsection includes assistance for associated backhaul, repairs
to damaged infrastructure, or new infrastructure to deploy
broadband service.
(b) Additional Technical Assistance.--In addition to the technical
assistance provided under subsection (a), the Commission shall provide
technical assistance that includes training programs and grant
assistance to Indian tribes, qualifying Tribal entities, the Department
of Hawaiian Home Lands, inter-Tribal government organizations, Tribal
Colleges and Universities, and colleges and universities with Tribal-
serving institutions with expertise on Tribal broadband policy for the
purpose of immediate deployment of telecommunications or broadband
services and infrastructure over Tribal lands.
(c) Engagement With the Department of the Interior, Department of
Commerce, and Commission.--The Secretary of the Interior, the Secretary
of Commerce, and the Commission shall provide technical assistance to
Indian tribes, the Department of Hawaiian Home Lands, and qualifying
Tribal entities (and, if located on Tribal lands, to schools,
libraries, health care facilities, public safety entities, Tribal
chapter houses, community centers, government buildings of an Indian
tribe, and locations where Tribal, State, and Federal elections and
census activities are carried out) to resolve barriers to the
deployment and adoption of broadband service and other services
provided using spectrum, including the following:
(1) Classes or other education related to computer
literacy.
(2) Acquisition of computers and related hardware and
software.
(3) Use of broadband service and computers for public
safety and emergency communications services and
interoperability.
(4) Use of spectrum and wireless broadband service and
computers where Tribal, State, and Federal elections and census
activities are carried out.
(5) Use of spectrum and broadband service and computers to
respond to public emergencies, including health and biohazard
threats and natural disasters.
(6) Such other areas as the Commission, or a relevant
Federal agency that has a role conducting activities on Tribal
lands, determines to be advisable to increase the deployment
and adoption of broadband service and other services provided
using spectrum on Tribal lands, or where an Indian tribe, the
Department of Hawaiian Home Lands, or a qualifying Tribal
entity holds a valid and active spectrum license or right-of-
way access.
(d) Rule of Construction.--Nothing in this section may be construed
to limit or supersede--
(1) the responsibilities of the Commission or another
Federal agency; or
(2) the engagement with Indian tribes, the Department of
Hawaiian Home Lands or Native Hawaiian communities, and
qualifying Tribal entities by the Commission or any other
Federal agency.
(e) Appropriations Amendment.--Section 6 of the Communications Act
of 1934 (47 U.S.C. 156) is amended--
(1) in the section heading, by inserting ``;
appropriations'' after ``authorization of appropriations''; and
(2) by adding at the end the following:
``(c) Office of Native Affairs and Policy.--
``(1) In general.--For necessary expenses of the Office of
Native Affairs and Policy of the Commission, there is
authorized to be appropriated to the Commission, and there is
appropriated, out of any monies in the Treasury not otherwise
appropriated, $950,000 for each of fiscal years 2023 through
2031.
``(2) ONAP federal funding director.--
``(A) Establishment.--The Commission shall use 20
percent of the funding appropriated pursuant to
paragraph (1) to establish within the Office of Native
Affairs and Policy of the Commission a position of
Federal Funding Director.
``(B) Duties.--The Federal Funding Director shall
have the following duties:
``(i) Coordinate with Indian tribes, the
Department of Hawaiian Home Lands, and
interested qualifying Tribal entities to access
the funding opportunities of the Commission or
other funding opportunities that may be
available through another Federal agency, and
assist with the application processes for the
Tribal Broadband Fund and other universal
service contributions or accounts, auctions
proceeds, or any other accounts or reserve
funds available to the Commission, for the
purpose of providing a source of support for
infrastructure deployment, `middle mile' and
long-haul fiber buildout, adoption of digital
literacy, and other related resources for the
deployment of and full access to
telecommunications, broadband, spectrum use and
future development, and wireless services
(including wireless broadband service) for
effective and efficient use on Tribal lands.
``(ii) Coordinate with other Federal
agencies that provide telecommunications and
infrastructure funding to Indian tribes, the
Department of Hawaiian Home Lands, or
interested qualifying Tribal entities to assist
with expedited broadband service and other
telecommunications deployment over Tribal
lands.
``(3) Adjustment for inflation.--The amount made available
under paragraph (1) for fiscal year 2024 and each fiscal year
thereafter shall be adjusted annually to reflect the change in
the Consumer Price Index for All Urban Consumers published by
the Bureau of Labor Statistics.
``(4) Definitions.--In this subsection, the terms defined
in section 539 of the Honoring Promises to Native Nations Act
shall have the meanings given those terms in that section.''.
SEC. 533. IMMEDIATE DEPLOYMENT OF BROADBAND SERVICE ON TRIBAL LANDS.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) an Indian tribe;
(B) a qualifying Tribal entity; and
(C) the Department of Hawaiian Home Lands.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Grants.--
(1) Community facilities grant program.--
(A) In general.--The Secretary shall use amounts
appropriated under subsection (c)(1)(A) to provide
grants under the community facilities grant program
under section 306(a)(19) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a)(19)) to
eligible entities for the deployment of broadband
service on Tribal lands, if the eligible entity would
be eligible for a grant under that section for the
deployment.
(B) Eligible costs.--An eligible entity that
receives a grant under subparagraph (A) may use the
grant amount for costs for the immediate deployment of
broadband service on Tribal lands, including--
(i) backhaul costs; and
(ii) costs of repairs to damaged
infrastructure, if the cost of the repairs
would be less than the cost of new
infrastructure.
(C) Prioritization.--In making grants under
subparagraph (A), the Secretary shall give priority to
the deployment of telecommunications or broadband
services on Tribal lands on which the services have not
been deployed or have been inadequately deployed,
including--
(i) middle mile fiber;
(ii) backhaul transit, interconnection, and
other costs; and
(iii) repairs to damaged infrastructure,
the cost of the repairs to which would be less
than the cost of new infrastructure.
(D) Federal share.--Notwithstanding section
306(a)(19)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(19)(B)), the Federal
share of the cost of a project carried out using a
grant under subparagraph (A) shall be 100 percent.
(2) Essential community facilities technical assistance and
training.--
(A) In general.--The Secretary shall use amounts
appropriated under subsection (c)(1)(B) to provide
grants to eligible recipients described in subparagraph
(C) under the community facilities technical assistance
and training grant program under section 306(a)(26) of
the Consolidated Farm and Rural Development Act (7
U.S.C. 1926(a)(26)) to assist eligible entities in--
(i) preparing applications for grants under
paragraph (1)(A); and
(ii) receiving technical assistance and
training from an entity to which a community
facilities technical assistance and training
grant has been made under that section.
(B) Applicability.--Subparagraph (A) shall be
carried out without regard to--
(i) subparagraphs (B) and (C) of section
306(a)(26) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(26)); and
(ii) any requirements described in
subparagraph (A) of that section relating to
eligibility to receive--
(I) a grant under that section; or
(II) technical assistance and
training from an entity receiving a
grant under that section.
(C) Eligible recipients.--An entity shall be
eligible to receive a grant under subparagraph (A) if
the entity is--
(i) eligible for a grant under the
community facilities technical assistance and
training grant program under section 306(a)(26)
of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(26)), without regard to
subparagraphs (B) and (C) of that section, to
assist an eligible entity in preparing an
application for a grant under that section; or
(ii) an inter-Tribal government
organization, a Tribal College or University,
or a university or college with a Tribal-
serving institution with expertise in Tribal
broadband policy.
(c) Funding.--
(1) In general.--There are authorized to be appropriated,
and there are appropriated, out of amounts in the Treasury not
otherwise appropriated, to the Secretary for each of fiscal
years 2023 through 2031--
(A) $300,000,000 to provide grants under subsection
(b)(1); and
(B) $5,000,000 to provide grants under subsection
(b)(2).
(2) Adjustment for inflation.--The amount made available
under each of subparagraphs (A) and (B) of paragraph (1) for
each of fiscal years 2024 through 2031 shall be adjusted
annually to reflect the change in the Consumer Price Index for
All Urban Consumers published by the Bureau of Labor
Statistics.
(3) Availability.--The amounts made available under
paragraph (1) shall remain available until expended.
SEC. 534. FCC TRIBAL SPECTRUM MARKET.
(a) Establishment.--
(1) In general.--The Commission shall conduct a rulemaking
proceeding to establish a new Tribal Spectrum Market.
(2) Purpose.--The Tribal Spectrum Market shall be an
optional forum solely for the participation of Indian tribes,
qualifying Tribal entities, and the Department of Hawaiian Home
Lands to engage with other Indian tribes, other qualifying
Tribal entities, and the Department of Hawaiian Home Lands (as
applicable) for leasing and assignment opportunities for the
purpose of economic and business development on Tribal lands
for participants that choose to participate.
(3) No effect on participation in other forums or
markets.--Participation in the Tribal Spectrum Market shall not
prevent an Indian tribe, the Department of Hawaiian Home Lands,
or a qualifying Tribal entity from participating in any other
auction forum or secondary spectrum market.
(b) Availability of Spectrum.--In furtherance of the Federal trust
responsibility and Tribal self-governance, and to develop robust
economic resources on Tribal lands, the Commission shall--
(1) make all unused and newly allocated spectrum over
Tribal lands available to other Indian tribes, the Department
of Hawaiian Home Lands, and qualifying Tribal entities through
the Tribal Spectrum Market; and
(2) notify other Indian tribes, the Department of Hawaiian
Home Lands, and other qualifying Tribal entities of the
availability of unused and newly allocated spectrum under
paragraph (1).
(c) Consent Requirement.--Participants shall provide written
consent to the Commission to make their unused spectrum over Tribal
lands available to other Indian tribes, the Department of Hawaiian Home
Lands, or other qualifying Tribal entities, as applicable, through the
Tribal Spectrum Market.
SEC. 535. E-RATE.
Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is
amended--
(1) in subsection (h)(4), by inserting ``, except as
provided in subsection (m),'' before ``is a library or library
consortium''; and
(2) by adding at the end the following:
``(m) E-Rate Support for Indian Tribes.--
``(1) Definitions.--In this subsection--
``(A) the term `E-rate program' means the universal
service program for schools and libraries authorized
under subsection (h)(1)(B), the rules of which are set
forth under subpart F of part 54 of title 47, Code of
Federal Regulations (or any successor regulation), as
authorized under subsection (h)(2)(A);
``(B) the term `E-rate support' means universal
service discounts on eligible services in accordance
with subpart F of part 54 of title 47, Code of Federal
Regulations (or any successor regulation), as
authorized under subsection (h)(2)(A);
``(C) the term `Indian tribe' has the meaning given
the term in section 5 of the Honoring Promises to
Native Nations Act; and
``(D) the term `qualifying anchor institution'
means a facility owned by an Indian tribe, including a
Tribal Government building, chapter house, longhouse,
community center, senior center, or other similar
public building.
``(2) Eligibility of tribal libraries and qualifying anchor
institutions for e-rate support.--
``(A) Designation of tribal libraries as libraries
eligible for e-rate support.--
``(i) In general.--An Indian tribe that is
eligible for support under section 261 of the
Library Services and Technology Act (20 U.S.C.
9161) may designate a Tribal library or Tribal
library consortium as a library or consortium
that is eligible for E-rate support, without
regard to whether the library or library
consortium is eligible for assistance from a
State Library Administrative Agency under the
Library Services and Technology Act (20 U.S.C.
9121 et seq.), if the library or library
consortium is eligible for support from an
Indian tribe under such section 261.
``(ii) Rule of construction.--Nothing in
clause (i) shall be construed to exempt a
Tribal library from any requirement under the
E-rate program not described in that clause,
including the other requirements relating to
eligible recipients under section 54.501 of
title 47, Code of Federal Regulations (or any
successor regulation).
``(B) Tribal anchor institution program.--
``(i) In general.--The Commission, in
consultation with the Institute of Museum and
Library Services and any other agency with
relevant responsibilities, shall establish a
program to be known as the `Tribal Anchor
Institution Program', under which the
Commission shall provide E-rate support to
Indian tribes for qualifying anchor
institutions designated by the Indian tribes.
``(ii) Eligibility.--
``(I) In general.--To be eligible
to obtain E-rate support under this
subparagraph, a Tribal Government may
not have a Tribal library eligible for
the E-rate program within the Tribal
community.
``(II) Requirements.--E-rate
support obtained under this
subparagraph shall only be available
for an Indian tribe if--
``(aa) the proposed
qualifying anchor institution
is exclusively owned by the
Indian tribe; and
``(bb) the proposed
qualifying anchor institution
intends to deliver publicly
available internet access to
students, teachers, librarians,
and members of the community
for educational purposes.
``(III) Rule of construction.--
Nothing in this clause shall be
construed to provide the Commission
with the authority to modify the
eligibility requirements described in
this clause.
``(3) Set-aside for indian tribes.--Of the amount made
available for the E-rate program in any fiscal year beginning
after the date of enactment of this subsection, 5 percent shall
be used for E-rate support for Tribal elementary and secondary
schools (as defined in subsection (h)(7)), Tribal libraries and
Tribal library consortia, and qualifying anchor
institutions.''.
SEC. 536. RECONNECT PROGRAM.
(a) Tribal Set-Aside.--Section 779 of division A of the
Consolidated Appropriations Act, 2018 (Public Law 115-141; 132 Stat.
399), is amended by inserting ``: Provided further, That 15 percent of
such amount shall be reserved for loans and grants to Indian tribes
under the pilot program, and a requirement to match part or all of any
such loan or grant shall not be imposed on an Indian tribe'' before the
period at the end.
(b) Tribal Connectivity Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``Tribal
Connectivity Fund''.
(2) Appropriation.--
(A) In general.--There is authorized to be
appropriated, and there is appropriated, out of amounts
in the Treasury not otherwise appropriated, to the
Tribal Connectivity Fund $100,000,000 for each of
fiscal years 2023 through 2031, to remain available
until expended.
(B) Adjustment for inflation.--The amount made
available under subparagraph (A) for each of fiscal
years 2024 through 2031 shall be adjusted annually to
reflect the change in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor
Statistics.
(3) Use of funds.--
(A) In general.--Amounts in the Tribal Connectivity
Fund shall be available to the Secretary of Agriculture
to provide funding for laptops, Wi-Fi hotspots, and
other connectivity devices for students attending
schools funded by the Bureau of Indian Education,
tribally operated schools, or Tribal colleges.
(B) Definitions.--In this paragraph:
(i) Wi-fi.--The term ``Wi-Fi'' means a
wireless networking protocol based on Institute
of Electrical and Electronics Engineers
standard 802.11 (or any successor standard).
(ii) Wi-fi hotspot.--The term ``Wi-Fi
hotspot'' means a device that is capable of--
(I) receiving mobile advanced
telecommunications and information
services (based upon Wi-Fi and other
wireless standards); and
(II) sharing the services with
another device.
(c) Funding for Bureau of Indian Education Information Technology
Infrastructure.--
(1) Appropriation.--
(A) In general.--Subject to subparagraph (B), there
is authorized to be appropriated, out of any monies in
the Treasury not otherwise appropriated, and there is
appropriated $50,000,000 for each of fiscal years 2023
through 2031, which shall be deposited in the Bureau of
Indian Education, Operation of Indian Education
Programs, Education Management, Education IT account,
to remain available until expended.
(B) Adjustment for inflation.--The amount made
available under subparagraph (A) for fiscal year 2024
and each fiscal year thereafter shall be adjusted
annually to reflect the change in the Consumer Price
Index for All Urban Consumers published by the Bureau
of Labor Statistics.
(2) Use of funds.--The amounts made available under
paragraph (1) shall be available to the Secretary of the
Interior to provide funding for information technology
infrastructure of the Bureau of Indian Education.
SEC. 537. USDA OFFICE OF TRIBAL RELATIONS.
(a) Appropriation.--Subject to subsection (b), there is authorized
to be appropriated, and there is appropriated, out of any monies in the
Treasury not otherwise appropriated, to the Secretary of Agriculture
$2,500,000 for each of fiscal years 2023 through 2031--
(1) for the provision to Indian tribes, qualifying Tribal
entities, and the Department of Hawaiian Home Lands of
services, technical assistance, and expansion of programs for
the deployment and build-out of wireless broadband services on
Tribal lands; and
(2) to ensure that services, technical assistance, and
programs described in paragraph (1) and related policies are
efficient, easy to understand, accessible, and developed in
consultation with affected Indian tribes and the Department of
Hawaiian Home Lands.
(b) Adjustment for Inflation.--The amount made available under
subsection (a) for each of fiscal years 2024 through 2031 shall be
adjusted annually to reflect the change in the Consumer Price Index for
All Urban Consumers published by the Bureau of Labor Statistics.
SEC. 538. ANNUAL REPORTING REQUIREMENTS.
(a) Annual Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, and annually thereafter, the Commission
shall make publicly available and submit to the entities
described in subsection (b)--
(A) a report on the deployment of broadband on
Tribal lands;
(B) a household-level mapping of actual broadband
speeds adopted by Tribal residents; and
(C) an inventory of Tribal spectrum licenses.
(2) Contents.--
(A) Collaboration with tribes and tribal
entities.--The report under paragraph (1) shall include
the following information:
(i)(I) The work of the Commission with
Indian tribes, the Department of Hawaiian
Homelands, qualifying Tribal entities, and
associated tribal organizations on spectrum-
related matters.
(II) The efforts of the Commission to
bolster Tribal outreach through individual
consultation, funding access, expansion of
access to broadband or other full use of
spectrum over Tribal lands, activities executed
through the Office of Native Affairs and
Policy, rulemakings that have been executed
related to such matters under this Act.
(III) General updates.
(B) Applicants and license holders.--
(i) In general.--The report under paragraph
(1) shall include data collected by the
Commission on whether applicants for licenses,
and holders of licenses, for spectrum over
Tribal lands are--
(I) Indian tribes;
(II) the Department of Hawaiian
Homelands;
(III) qualifying Tribal entities;
or
(IV) third-party licensees.
(ii) Recording requirement.--The Commission
shall require an Indian tribe, the Department
of Hawaiian Home Lands, or a qualifying Tribal
entity to record the ownership classification
of all licenses or other agreements for the use
of spectrum over Tribal lands that take effect
on or after the date of enactment of this Act.
(C) Notification of relevant indian tribe or
qualifying tribal entity, or the department of hawaiian
home lands.--The Commission shall include in the report
submitted under paragraph (1) a verification that the
Commission has provided information about assigned and
unassigned licenses and license holders to the Indian
tribe, the Department of Hawaiian Home Lands, or the
qualifying Tribal entity where the licenses are
geographically located, including a detailed
description of the licenses, the license holders, and
the entity to which the information was provided.
(D) Accessible contact information.--The Commission
shall include in the report submitted under paragraph
(1) a verification that the Commission has made contact
information easily accessible for Indian tribes, the
Department of Hawaiian Home Lands, and qualifying
Tribal entities to learn about participation in any
opportunities to obtain licenses for spectrum over
Tribal lands or secondary market opportunities,
including the respective processes.
(E) Unserved locations.--The Commission shall
include in the report submitted under paragraph (1)
geographic locations on Tribal lands where wireline
broadband or wireless telecommunications services have
not been built out or deployed.
(F) Federal funding availability.--The Commission
shall include in the report submitted under paragraph
(1) a description of available Federal funding across
all agencies for which Indian tribes, the Department of
Hawaiian Home Lands, and qualifying Tribal entities are
eligible to apply to further support deployment of
broadband and telecommunications services on Tribal
lands.
(b) Submission of Recommendations.--The entities described in this
subsection are--
(1) Indian tribes, the Department of Hawaiian Home Lands,
and Native Hawaiian organizations;
(2) the Department of the Interior;
(3) the Committee on Indian Affairs of the Senate;
(4) the Committee on Natural Resources of the House of
Representatives;
(5) the Committee on Commerce, Science, and Transportation
of the Senate;
(6) the Committee on Energy and Commerce of the House of
Representatives;
(7) the Native Nations Communications Task Force of the
Commission;
(8) Tribal organizations with telecommunications expertise;
and
(9) requesting qualifying Tribal entities.
SEC. 539. DEFINITIONS.
In this subtitle:
(1) Broadband service.--The term ``broadband service''
means internet access service that is delivered--
(A) with--
(i) except as provided in clause (ii)--
(I) a download speed of not less
than 100 megabits per second; and
(II) an upload speed of not less
than 20 megabits per second; or
(ii) minimum download and upload speeds
established by the Commission after the date of
enactment of this Act, if those minimum speeds
are higher than the minimum speeds required
under clause (i);
(B) without any data caps or other service
limitations;
(C) through--
(i) mobile service;
(ii) fixed point-to-point multipoint
service;
(iii) fixed point-to-point service;
(iv) broadcast service; or
(v) wireline service; and
(D) meet the latency requirement set by the
Commission to enable real-time video and other
streaming services.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Digital literacy.--The term ``digital literacy'' means
information and communications for the purpose of developing
support for technological deployment and understanding of
issues, including infrastructure deployment, fiber buildout,
network connectivity, spectrum market opportunities, associated
programs and funding opportunities of the Commission, and other
related resources, to expedite the immediate deployment of, and
full access to, telecommunications, broadband, spectrum, and
wireless services available for effective and efficient use on
Tribal lands.
(4) Entity that is more than 50 percent owned and
controlled by 1 or more indian tribes.--
(A) In general.--The term ``entity that is more
than 50 percent owned and controlled by 1 or more
Indian tribes'' means an entity of which 1 or more
Indian tribes have both de facto and de jure control.
(B) De jure control.--For purposes of subparagraph
(A), de jure control of an entity shall be evidenced by
ownership of greater than 50 percent of the voting
stock of a corporation, or in the case of a
partnership, general partnership interests.
(C) De facto control.--
(i) In general.--For purposes of
subparagraph (A), de facto control of an entity
shall be determined on a case-by-case basis.
(ii) Indicia of control.--For purposes of
clause (i), an Indian tribe or Indian tribes
shall demonstrate indicia of control to
establish that the Indian tribe or Indian
tribes retain de facto control of the entity,
including the following:
(I) The Indian tribe or Indian
tribes constitute or appoint more than
50 percent of the board of directors or
management committee of the entity.
(II) The Indian tribe or Indian
tribes have authority to appoint,
promote, demote, and fire senior
executives who control the day-to-day
activities of the entity.
(III) The Indian tribe or Indian
tribes play an integral role in the
management decisions of the entity.
(IV) The Indian tribe or Indian
tribes have the authority to make
decisions or otherwise engage in
practices or activities that determine
or significantly influence--
(aa) the nature or types of
services offered by the entity;
(bb) the terms upon which
such services are offered; or
(cc) the prices charged for
such services.
(5) Qualifying tribal entity.--
(A) In general.--The term ``qualifying Tribal
entity'' means an entity designated by the Indian tribe
with jurisdiction over particular Tribal lands for
which the spectrum access is sought.
(B) Eligible entities.--The following entities may
be designated as a qualifying Tribal entity:
(i) An Indian tribe.
(ii) A Tribal consortia that consists of--
(I) not less than 2 Indian tribes;
or
(II) not less than 1 Indian tribe
and 1 entity that is more than 50
percent owned and controlled by 1 or
more Indian tribes.
(iii) A federally chartered Tribal
corporation established under--
(I) section 17 of the Act of June
18, 1934 (commonly known as the
``Indian Reorganization Act'') (48
Stat. 988, chapter 576; 25 U.S.C.
5124); or
(II) section 4 of the Act of June
26, 1936 (commonly known as the
``Oklahoma Welfare Act'') (49 Stat.
1967, chapter 831; 25 U.S.C. 5204).
(iv) An entity that is more than 50 percent
owned and controlled by 1 or more Indian
tribes.
(6) Spectrum over tribal lands.--The term ``spectrum over
Tribal lands'' means all spectrum on Tribal lands, including
wireless, radio, television, broadcast, commercial and
noncommercial uses, and current generation or better wireless
broadband services.
(7) Tribal broadband fund.--The term ``Tribal Broadband
Fund'' means the permanent Federal universal service support
mechanism established by the Commission under section 531.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committees on the Budget, the Judiciary, Energy and Commerce, Education and Labor, Financial Services, Veterans' Affairs, Transportation and Infrastructure, and Agriculture, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on the Budget, the Judiciary, Energy and Commerce, Education and Labor, Financial Services, Veterans' Affairs, Transportation and Infrastructure, and Agriculture, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on the Budget, the Judiciary, Energy and Commerce, Education and Labor, Financial Services, Veterans' Affairs, Transportation and Infrastructure, and Agriculture, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on the Budget, the Judiciary, Energy and Commerce, Education and Labor, Financial Services, Veterans' Affairs, Transportation and Infrastructure, and Agriculture, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on the Budget, the Judiciary, Energy and Commerce, Education and Labor, Financial Services, Veterans' Affairs, Transportation and Infrastructure, and Agriculture, 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.
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Referred to the Committee on Natural Resources, and in addition to the Committees on the Budget, the Judiciary, Energy and Commerce, Education and Labor, Financial Services, Veterans' Affairs, Transportation and Infrastructure, and Agriculture, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on the Budget, the Judiciary, Energy and Commerce, Education and Labor, Financial Services, Veterans' Affairs, Transportation and Infrastructure, and Agriculture, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on the Budget, the Judiciary, Energy and Commerce, Education and Labor, Financial Services, Veterans' Affairs, Transportation and Infrastructure, and Agriculture, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on the Budget, the Judiciary, Energy and Commerce, Education and Labor, Financial Services, Veterans' Affairs, Transportation and Infrastructure, and Agriculture, 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.
Sponsor introductory remarks on measure. (CR H8804)