[Senate Report 108-412]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 803
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-412

======================================================================



 
AMENDING THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT TO 
            PROVIDE FURTHER SELF-GOVERNANCE BY INDIAN TRIBES

                                _______
                                

               November 16, 2004.--Ordered to be printed

                                _______
                                

  Mr. Campbell, from the Committee on Indians Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 1696]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 1696) to amend the Indian Self-Determination and 
Education Assistance Act to provide further self-governance by 
Indian tribes, having considered the same, reports favorably 
thereon with an amendment in the nature of a substitute and 
recommends that the bill, as amended, do pass.

                                Purpose

    The purpose of S. 1696, the ``Department of Health and 
Human Services Tribal Self-Governance Amendments Act of 2003'' 
is to amend the Act to provide further self-governance for 
Indian tribes by authorizing a 5-year demonstration project for 
various programs within the Department of Health and Human 
Services (DHHS), and for other purposes.

                               Background


A. Evolution of Tribal Self-Governance

    In 1970, President Nixon delivered his now-famous ``Special 
Message to Congress on Indian Affairs'' which laid the 
foundation for a change in Federal Indian policy from 
termination and assimilation to Indian self-determination. The 
Act, originally enacted in 1975, is an outgrowth of this policy 
and continues to be one of the pillars of Federal Indian 
policy.
    Prior to that time, the Federal government administered 
various programs for the benefit of Indian people, with the 
design and administration of these programs set by the Federal 
agencies, not the tribal governments. The Act authorized a 
shift from such Federal domination to tribal control of these 
programs.
    In the Act Congress authorized Indian tribes to assume, 
through contractual arrangements, operation of Indian programs 
and services operated by the Bureau of Indian Affairs (BIA) and 
Indian Health Service (IHS). However, in the 10 years following 
enactment, Indian tribes indicated that they faced significant 
resistance particularly from the IHS in seeking ``new health 
services, providing services differently than previously 
provided by the IHS, or shifting funds within a contract.'' GAO 
Report No. GAO/HRD-86-99, ``Indian Health Service Contracting 
for Health Services Under the Indian Self-Determination Act'', 
September, 1986, at 4.
    Likewise, Congress ``observed in 1988 [that its] goal of 
shifting resources to tribal operation ha[d] been frustrated by 
the enormous growth in the governments contract monitoring and 
contract administration bureaucracy.'' S. Rpt. 102-444, at 16.
    Frustrated with agency reticence and the slow progress in 
fully achieving the goals of the original Act, Congress made 
historic advancements in tribal governance by amending the Act 
to address the agency inflexibility and provide additional 
authority to Indian tribes. See Pub. L. 100-472 and Pub. L. 
102-184.
    These amendments were first directed at the BIA programs. 
Public Law 100-472 established tribal self-governance 
demonstration projects whereby participating Indian tribes 
could administer a wider swath of BIA programs through 
compacts, a mechanism more reflective of the government-to-
government relationship.
    Through these compacts, Indian tribes could redesign 
programs and reallocate funds among the different programs they 
operated to meet their local needs. In addition, Indian tribes 
were authorized to transfer their tribal shares of the BIA 
budget to their tribal programs.
    That is, ``funding for the annual agreements [were] 
allocated out of agency, area and central office accounts of 
the BIA to a tribe on the basis of what that tribe would have 
received in funds and services in the absence of the 
agreement.'' S. Rpt. 103-205, at 3.
    In 1994, Congress amended the Act to make the self-
governance demonstration project permanent within the 
Department of Interior. See Pub. L. 103-413.
    Pub. L. 102-184 authorized a study to determine the 
feasibility of extending the BIA demonstration project to the 
IHS programs, functions and services. This demonstration 
project was ultimately made permanent by Pub. L. 106-260.
    Throughout this series of amendments, Congress has 
reaffirmed the viability of self-governance and expanded tribal 
authority over Indian programs throughout the primary agencies 
responsible for Indian affairs--the BIA and IHS. Translating 
these successes to other programs beyond the BIA and IHS became 
the next evolution in tribal self-governance.
    In 1994, Congress authorized compacting of Department of 
Interior programs beyond those administered by the BIA. See 
Pub. L. 103-413. In 2000, Congress directed the Secretary of 
DHHS to conduct a feasibility study of a tribal demonstration 
project for DHHS programs beyond those administered by the IHS. 
See Pub. L. 106-260.
    On March 12, 2003, the Secretary of DHHS delivered the 
final report on the feasibility study to the Committee.\1\ In 
developing this study, the DHHS consulted with several 
stakeholders--such as state and local government organizations 
and other health and human service professional associations--
in addition to Indian tribes. The study made several 
recommendations which have been largely incorporated into S. 
1696.
---------------------------------------------------------------------------
    \1\ Available at http://aspe.hhs.gov/SelfGovernance/Evaluation.
---------------------------------------------------------------------------

B. Essential Components of Tribal Self-Governance

    As evidenced by the series of amendments to the Act, the 
Federal self-governance policy continues to evolve and expand. 
The Act and amendments made to it have included several 
consistent components such as: (1) streamlining bureaucracy; 
(2) increasing program flexibility; and (3) maximizing Indian 
tribal involvement in decision-making.
    The amendments to the Act made clear that streamlining the 
bureaucracy is an integral part of Indian self-determination 
policy. The savings incurred from reducing administrative costs 
is critical to increasing aggregate funding for tribal health 
programs--particularly in times of underfunding.
    According to a 1998 National Indian Health Board Report \2\ 
(the ``NIHB Report''), Indian tribes experience substantial 
savings from compacting. For example, one tribal health program 
operating under a self-governance compact reduced its cost of 
nursing supplies from $200,000 to $60,000 per year by 
effectively negotiating discount contracts and instituting case 
management.\3\
---------------------------------------------------------------------------
    \2\ Tribal Perspectives on Indian Self-Determination and Self-
Governance in Health Care Management, National Indian Health Board, 
Vol. II (1998).
    \3\ Id. at 32.
---------------------------------------------------------------------------
    In testimony before the Committee on S. 1696, Indian tribes 
indicated that additional savings could be achieved through 
expanding self-governance to other DHHS programs, and 
documentation identifying such savings is attached to this 
report.
    The tribal documentation demonstrates cost savings achieved 
from reducing administrative burdens. For example, the 
Jamestown S'Klallam Tribe administers 3 of the grant programs 
identified in S. 1696 with a total funding stream of $247,500. 
The projected savings achieved by incorporating those programs 
into a self-governance compact were $7,250 and 132 hours of 
staff time per year. Likewise, the Choctaw Nation projected 
$43,560 in cost savings with reductions of nearly 2,000 hours 
of staff time spent on administrative duties.
    The amendments to the Act also reflected substantial 
flexibility for Indian tribes to operate programs through the 
redesign and reallocation functions. This flexibility has been 
of significant benefit to Indian tribes in meeting local health 
needs. No longer would Indian tribes have to return time and 
again to the Secretary for approval when developing programs 
within their compacts that are responsive to community needs.
    The NIHB Report noted that population growth, inflation, 
health care financing, and IHS reorganization were factors 
which ``may stimulate more tribes to choose the increased 
flexibility of compacting. The flexibility and control over 
local health resources may be necessary for tribes to respond 
to the accelerating pace of change in the Indian Health Service 
and the general health care environment.'' NIHB Report, Vol. II 
at 73.
    These predictions have been proven accurate. Tribal self-
governance within the IHS began with approximately six tribes 
by the end of FY 1993.\4\ As of 2004, according to the IHS, 
``62 compacts and 82 funding agreements have been negotiated * 
* * with 287 tribes.'' Department of Health and Human Services, 
Fiscal Year 2005, Indian Health Service, Justification of 
Estimates for Appropriations Committees (``Justification''), at 
Supp-79.
---------------------------------------------------------------------------
    \4\ The NIHB Report notes the IHS was authorized to initiate 
planning activities with 17 tribes that had compacts with the BIA in 
1992 and by the last quarter of FY 1993, six tribes had entered 
compacts. See NIHB Report, Vol. II at 4, 49.
---------------------------------------------------------------------------
    More tribal involvement in the Indian health care system 
has also contributed to greater improvements in services to and 
health care levels of Indian people. NIHB Report, Vol. I at 13. 
During this evolution, Congress introduced a major tool into 
Indian health care for increasing tribal involvement in the 
decision-making process: negotiated rule-making.\5\
---------------------------------------------------------------------------
    \5\ See 5 U.S.C. Sec. 561 et seq.
---------------------------------------------------------------------------
    The negotiated rule-making required by the 1994 amendments 
``gave tribes a significant role in the development of federal 
regulations to implement contract reforms.'' NIHB Report, Vol. 
II at 4. The final regulations developed by this process were 
issued on June 24, 1996 and revealed that ``significantly more 
of Headquarters and Area Office functions [were] clearly 
contractible than were thought to be contractible in 1989.'' 
Id. at 28.
    This involvement was inherent in the development of the 
feasibility required by Pub.L. 106-260. The tribal steering 
group provided technical oversight in developing the study and 
recommendations. The Committee is pleased with the process 
implemented and level of tribal involvement in completing the 
study. The Committee believes that the resulting study and 
recommendations are much stronger and, accordingly, has largely 
adopted those recommendations in S. 1696.

                      Summary of Major Provisions


A. Policy and Scope

    S. 1696 continues the steady march of meaningful tribal 
control of programs affecting their communities by extending 
the Act's compacting provisions to DHHS programs beyond those 
administered by the IHS. In Sec. 601, several of the 
definitions in the new Title VI have been carried forward from 
the current Title V of the Act. The term ``Indian tribe'' has 
been clarified to include the entities authorized to administer 
the included programs on behalf of an Indian tribe.
    Section 602 establishes a 5-year demonstration project for 
up to 50 Indian tribes meeting certain eligibility criteria 
with an option--at the discretion of the Secretary--to include 
additional tribes who must all meet the eligibility criteria as 
required in Sec. 603.

B. Implementation

    Indian tribes have previously raised concerns regarding 
administrative delays by the Department in implementing 
statutory changes. The demonstration project proposed in S. 
1696 is intended to be implemented immediately upon enactment 
regardless of whether regulations have been promulgated to 
govern the project. The limited time frame for the 
demonstration project necessitates immediate action by the 
Department.
    Several factors exist to expedite implementation. For 
instance, the universe of potential applicants is already 
known: only Indian tribes that have compacts as of the date of 
enactment may be considered for participation.
    In addition, a vehicle for implementing the project already 
exists. Under Sec. 604, these Indian tribes may use their pre-
existing compacts for the demonstration project. The use of a 
pre-existing compact, however, is not grounds for renegotiating 
that compact. In addition, participation in the demonstration 
project is not conditioned upon renegotiating compact 
provisions the Department finds unsatisfactory. Likewise, the 
pre-existing compact terms governing amendments or 
renegotiations are not superceded by Title VI.

C. Compact Terms

    Sections 604 and 605 outline compact negotiation procedures 
and other provisions that may be included in these compacts. 
The duration of the demonstration project compact provisions 
may not exceed the statutory 5-year duration of the project. 
However, if an Indian tribe uses its pre-existing compact for 
the demonstration project, the term of the demonstration 
project is not to affect the remaining provisions of the 
compact that are not governed by the demonstration project, 
unless otherwise agreed to by the parties.

D. Programs

    The programs that may be included in the demonstration 
project are set forth in Sec. 604. The DHHS Final Report on the 
feasibility study recommended inclusion of eleven programs. 
However, under S. 1696 the Secretary is given the discretion to 
identify and include not more than six additional programs each 
year of the project.
    Thus, the particular provisions governing compact 
negotiations, waivers and other matters are not triggered until 
the Secretary identifies additional programs suitable for 
inclusion.
    The Committee believes this discretion is particularly 
important as each year the Secretary will evaluate the costs 
and benefits of the project. If the Secretary finds costs 
savings, program improvements or other benefits from the 
project, the Committee does not wish to preclude additional 
benefits that could be gained from the inclusion of these other 
programs.

E. Funding

    The Committee believes that Indian tribes should be 
provided adequate funding to allow them to effectively carry 
out programs under the demonstration project. The Committee 
recognizes that several programs identified in this bill have 
statutorily-defined funding formulas. As set forth in Sec. 605, 
if an Indian tribe includes a program governed by a specific 
statutory funding formula, that Indian tribe's program funds 
will be established by that formula.
    Where there is no statutory funding formula or if the 
statutory funding formula results in underfunding and 
additional funds are available, Sec. 605 authorizes the 
Secretary to negotiate with participating Indian tribes for the 
overall direct program funding amount.
    The Committee recognizes that Indian tribes may experience 
difficulties in meeting the matching fund requirements in 
various programs. For example, many Indian tribes do not have 
the requisite economies to support a tax or fee-generating base 
that states have to enable them to meet the match requirements. 
Thus under Sec. 605, in reviewing waiver requests for the 
matching requirements, the Secretary is encouraged to exercise 
flexibility in interpreting the applicable statutes or 
regulations.
    The Committee also believes that Indian tribes should be 
authorized to receive contract support costs associated with 
operating programs included in this project in a manner 
consistent with principles of tribal self-governance. Payment 
of these administrative costs is critical to the success of 
tribal self-governance because these funds assure that an 
Indian tribe is not obliged to use direct program funds to 
cover administrative costs, thereby reducing services.
    Finally in Sec. 605, the Secretary is authorized to 
negotiate with Indian tribes for the inclusion of tribal 
funding shares associated with administrative activities 
related to an included program. These administrative fund 
shares are not intended to duplicate contract support costs. 
The Committee recognizes that the Department conducts a variety 
of administrative activities, such as training and technical 
assistance, that may not be reimbursable as contract support or 
direct program costs. The Committee believes Indian tribes 
should not be required to divert direct program funding to 
cover such administrative expenses.

F. Program Requirements

    Section 606 authorizes the redesign, consolidation or 
reallocation of programs or funds to increase flexibility for 
tribes to meet the needs of their communities while maintaining 
compliance with applicable statutory and regulatory program and 
cost standards, such as the Single Audit Act.\6\
---------------------------------------------------------------------------
    \6\ See 31 U.S.C. Sec. 7501 et seq.
---------------------------------------------------------------------------
    In Sec. 606, the Secretary is authorized to waive final 
regulations according to the standards set forth in Sec. 512(b) 
of the Act. If the regulations are not waived, then an Indian 
tribe shall comply with them for the demonstration project.
    Section 606 also provides that other rules, policies, 
guidance and circulars shall not govern the administration of 
the demonstration project unless agreed to by the Indian tribe 
in the compact. This manner of administration has proven to be 
beneficial to Indian tribes already operating compacts by 
increasing the flexibility in program operations. This 
provision, however, does not supercede the requirements for the 
Single Agency Audit Act or other cost principles found in 
Sec. 506 of the Act.

G. Reports.

    Finally in Sec. 607, to ensure that directed progress and 
improvements are made, the Secretary is to report on an annual 
basis to Congress on the costs and benefits of the 
demonstration project. The baseline measurements are to be 
developed by the Secretary and the participating Indian tribes. 
Since the reports are due annually, the Committee encourages 
the Department and the participating Indian tribes to expedite 
baseline development.
    The Committee recognizes that evaluating the results of the 
demonstration project may give rise to additional costs and has 
therefore authorized the Secretary to provide additional 
funding to the Indian tribes. This funding is in addition to 
the compact costs and may not be used to diminish the compact 
funding.

                          Legislative History

    S. 1696 was introduced on October 1, 2003, by Senator 
Campbell, for himself and Senator Inouye and was referred to 
the Senate Committee on Indian Affairs.
    A hearing on S. 1696 was held on May 19, 2004. Testimony 
was provided by several Indian tribes. All witnesses expressed 
support for the bill. The DHHS was invited, but failed to 
attend. Instead, the Final Report on the feasibility study was 
reviewed for findings and recommendations by the DHHS. The 
recommendations have been largely incorporated into the 
substitute amendment.


            Committee Recommendation and Tabulation of Vote

    In an open business session on June 16, 2004, the Committee 
considered a substitute amendment proposed by Senator Campbell. 
By a unanimous vote, the Committee ordered the substitute 
amendment favorably reported to the full Senate with the 
recommendation that the bill, as amended, do pass.

                      Section-by-Section Analysis


Section 1. Short Title

    The Act may be cited as the ``Department of Health and 
Human Services Tribal Self-Governance Amendments Act of 2003''.

Section 2. Amendment

    Section 2 amends Title VI of the Indian Self-Determination 
and Education Assistance Act by striking the Title VI and 
replacing it with the following:

                         SEC. 601. DEFINITIONS

    Definitions of Title V of the Indian Self-Determination and 
Education Assistance Act are made to apply to Title VI.

                   SEC. 602. ESTABLISHMENT OF PROJECT

    Section 602 establishes a 5-year Demonstration Project to 
demonstrate the effectiveness of tribal administration of non-
IHS programs within the DHHS, and would place the management of 
the Project within the Office of the Secretary.

           SEC. 603. SELECTION OF PARTICIPATING INDIAN TRIBES

    Section 603 authorizes up to 50 existing self-governance 
tribes to participate in the Project, and to apply for planning 
and negotiation grants.

               SEC. 604. COMPACTS AND FUNDING AGREEMENTS

    Section 604 would require tribes and the Secretary to 
negotiate special Title VI compacts and Funding Agreements 
(FA), unless a tribe elects to use its existing Title V compact 
for this purpose. This section also prescribes guidelines for 
the contents of a compact and Funding Agreement, identifies 
thirteen specific DHHS programs eligible for inclusion in a 
Title VI agreement, and authorizes the Secretary to identify up 
to six additional programs eligible for the Demonstration 
Project.

                      SEC. 605. TRANSFER OF FUNDS

    Section 605 requires lump-sum advance funding as is already 
the case under Title V. The statutory funding formulas would be 
used to identify tribal funds and, if appropriations are 
available, an additional amount, as negotiated by the Secretary 
and tribe, may be provided. Contract support costs would be 
added under the same rules applicable under Titles I and V, and 
tribes would be authorized to negotiate for ``tribal shares of 
administrative funds.''

                      SEC. 606. GENERAL PROVISIONS

    Section 606 would address a number of general issues 
including authorization to tribes to redesign, consolidate or 
reallocate within existing statutory limitations, and to secure 
waivers of ``final regulations * * * to facilitate [redesign or 
reallocation].'' Section 606 would also incorporate the ``Final 
Offer'' process set forth in Title V, except that appeals would 
go to the Intra-Departmental Council on Native American 
Affairs. Section 606 would also incorporate a number of other 
Title V provisions, including those dealing with the annual 
audits, cost principles, prompt payment, interest and program 
income, and carryover of funds.

                            SEC. 607. REPORT

    Section 607 would require an annual Secretarial Report to 
Congress on the costs and benefits of the Demonstration 
Project, using baseline measures that have been mutually 
developed by the Secretary and participating tribes.

               SEC. 608. AUTHORIZATION OF APPROPRIATIONS

    Section 608 authorizes appropriations to carry out the 
title.

                   Cost and Budgetary Considerations

    The cost estimate for S. 1696, as evaluated by the 
Congressional Budget Office, is set forth below:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 11, 2004.
Hon. Ben Nighthorse Campbell,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1696, the Department 
of Health and Human Services Tribal Self-Governance Amendments 
Act of 2004.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Eric Rollins.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

S. 1696--Department of Health and Human Services Tribal Self-Governance 
        Amendments Act of 2004

    Summary: S. 1696 would require the Secretary of Health and 
Human Services (HHS) to conduct a demonstration project to 
promote tribal self-governance. The project would involve about 
50 tribes and would last no more than five years. Participating 
tribes would manage a number of programs administered by HHS 
and would have flexibility to reshape those programs to better 
meet tribal needs. Participating tribes would also receive 
their funding for those programs in a lump sum. The bill would 
authorize the appropriation of such sums as necessary to carry 
out the project.
    CBO estimates that implementing S. 1696 would cost $10 
million in 2005 and $42 million over the 2005-2009 period, 
assuming appropriation of the necessary funds. Those costs 
would be borne by the Office of the Secretary in HHS, which 
would oversee the implementation of the demonstration project. 
We also estimate that providing funding to participating tribes 
in a lump sum would accelerate outlays for many of the programs 
included in the demonstration project. As a result, the bill 
would increase direct spending by a total of $7 million and 
spending subject to appropriation by $34 million over the 2005-
2009 period. Over the longer 2005-2014 period, the use of lump-
sum funding would have no net effect on direct spending and 
would increase spending subject to appropriation by $2 million.
    S. 1696 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
At their option, tribal governments could participate in a 
demonstration project that would grant them greater authority 
for governing and administering a variety of programs.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1696 is shown in Table 1. The costs of 
this legislation fall within budget functions 500 (education, 
employment, training, and social services), 550 (health), and 
600 (income security). For this estimate, CBO assumes that S. 
1696 will be enacted by the end of 2004.

                                                    Table 1.--ESTIMATED BUDGETARY EFFECTS OF S. 1696
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        By fiscal year, in millions of dollars--
                                                               -----------------------------------------------------------------------------------------
                                                                  2005     2006     2007     2008     2009     2010     2011     2012     2013     2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING

Budget Authority..............................................        0        0        0        0        0        0        0        0        0        0
Estimated Outlays.............................................        3        3        1        *        0       -5       -1        *        0        0
                                                      CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level.................................       10        8        8        8        8        0        0        0        0        0
Estimated Outlays.............................................       23       24       11        9        9      -28       -4       -1        *        0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note.--* = Costs or savings of less than $500,000.

    Basis of estimate: The Indian Self-Determination and 
Education Assistance Act (ISDEAA) allows Indian tribes to 
directly manage programs that had previously been administered 
on their behalf by the Indian Health Service (IHS). Tribes that 
do so have considerable flexibility to reshape those programs 
to better meet tribal needs.
    S. 1696 would amend ISDEAA to authorize a demonstration 
project that would give participating tribes the same 
flexibility in managing certain other HHS programs. The bill 
specifies 13 programs that would be included in the project and 
allows the Secretary to add up to six programs annually in 
later years. Each participating tribe would decide which of 
those programs to include in the project. Under current law, 
tribes can administer most of those programs themselves, but 
must follow existing program rules.
    The bill would target participation in the demonstration 
project to 50 tribes, although the Secretary could allow a 
higher number to take part if tribal interest were high. Only 
tribes that already manage IHS-funded programs would be 
eligible. As with IHS programs, participating tribes would have 
the option of receiving their annual funding for the project in 
a lump sum. The demonstration project would last for no more 
than five years after the enactment of the bill.
    For this estimate, CBO assumed that about 50 tribes would 
participate in the demonstration project, and that each tribe 
would manage about half of the eligible programs. We assumed 
that the Secretary would not make any additional programs 
eligible for the project. CBO estimated funding amounts for 
participating tribes based on historical averages, and assumed 
that tribes would opt to receive their funding in a lump sum.

Direct Spending

    Tribes currently receive funding for most of the programs 
in the demonstration project on an as-needed basis rather than 
in a lump sum. As a result, the shift to lump-sum funding under 
the bill would accelerate outlays for those programs. CBO 
estimates that the bill would increase spending for the four 
mandatory programs in the demonstration project--Child Care and 
Development Fund, Native Employment Works, Promoting Safe and 
Stable Families, and Temporary Assistance for Needy Families--
by a total of $7 million over the 2005-2009 period. Those 
increases would be offset by lower spending in later years, and 
the bill would have no net effect on direct spending over the 
2005-2014 period.

Spending Subject to Appropriation

    The estimated effects of S. 1696 on spending subject to 
appropriation are shown in Table 2.
    Effect of Lump-Sum Funding. CBO estimates that the use of 
lump-sum funding under the bill would increase outlays for the 
programs in the demonstration project that are funded through 
annual appropriations--Child Care and Development Fund, Child 
Welfare Services, Family Violence Prevention Grants, Grants to 
Native Americans, Head Start, Promoting Safe and Stable 
Families, and Targeted Capacity Expansion--by a total of $34 
million over the 2005-2009 period. Those increases would be 
largely offset by lower spending in later years, with the bill 
increasing costs by $2 million over the 2005-2014 period.
    Startup Costs. Indian tribes that wish to participate in 
the demonstration project would incur one-time costs for 
planning and preparation activities. Both IHS and the Bureau of 
Indian Affairs--where tribal management of programs is also 
common--have given tribes grants to offset these costs. Based 
on the experience of IHS, CBO assumes that HHS would issue 
grants averaging $70,000 to each participating tribe, for a 
total cost of $3.5 million in 2005.

                                            TABLE 2.--ESTIMATED EFFECTS OF S. 1696 ON DISCRETIONARY SPENDING
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        By fiscal year, in millions of dollars--
                                                               -----------------------------------------------------------------------------------------
                                                                  2005     2006     2007     2008     2009     2010     2011     2012     2013     2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effect of Lump-Sum Funding:
    Estimated Authorization Level.............................        0        0        0        0        0        0        0        0        0        0
    Estimated Outlays.........................................       13       16        3        1        1      -28       -4       -1        *        0
Startup Costs:
    Estimated Authorization Level.............................        4        0        0        0        0        0        0        0        0        0
    Estimated Outlays.........................................        4        0        0        0        0        0        0        0        0        0
Project Management:
    Estimated Authorization Level.............................        4        4        4        4        4        0        0        0        0        0
    Estimated Outlays.........................................        4        4        4        4        4        0        0        0        0        0
Contract Support Costs:
    Estimated Authorization Level.............................        2        4        4        4        4        0        0        0        0        0
    Estimated Outlays.........................................        2        4        4        4        4        0        0        0        0        0
Total Changes in Spending Subject to Appropriation:
    Estimated Authorization Level.............................       10        8        8        8        8        0        0        0        0        0
    Estimated Outlays.........................................       23       24       11        9        9      -28       -4       -1        *        0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note.-- * = Costs or savings of less than $500,000.

    Project Management. According to HHS, the costs of 
administering the demonstration project would include a project 
office to oversee the demonstration, annual negotiations with 
participating tribes, a legal staff to review tribal 
agreements, and regular reports on the status of the project. 
Based on the experience of IHS, CBO estimates that those costs 
would total about $4 million annually.
    Contract Support Costs. The bill would allow tribes that 
participate in the demonstration project to receive funding for 
the administrative costs that they would incur. These costs, 
commonly known as contract support costs, include facilities, 
equipment, legal services, and salaries. Although all of the 
programs in the demonstration project include some funding for 
administrative costs, IHS experience with tribal management 
suggests that those amounts would not be sufficient for many 
tribes. Based on information from HHS, CBO estimates that the 
cost of the additional administrative costs for participating 
tribes would total $2 million in 2005 and $18 million over the 
2005-2009 period. Costs in 2005 would be lower because tribes 
would not operate the demonstration project for the entire 
year.
    Intergovernmental and private-sector impact: S. 1696 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. At their option, tribal governments could 
participate in a demonstration project that would grant them 
greater authority for governing and administering a variety of 
programs.
    Estimate prepared by: Federal Costs: Eric Rollins. Impact 
on State, Local, and Tribal Governments: Leo Lex. Impact on the 
Private Sector: Crystal Taylor.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 1696 will 
have minimal regulatory or paperwork impact.

                        Executive Communications

    The Committee has not received written views on S. 1696 
from the U.S. Department of Health and Human Services.

                        Changes in Existing Law 

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes the following 
changes in existing law made by the bill, S. 1696, as ordered 
reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new matter is printed in 
italic, existing law in which no change is proposed is shown in 
roman):

                           Public Law 93-638


 AN ACT To promote maximum Indian participation in the government and 
 education of the Indian people; to provide for the full participation 
  of Indian tribes in certain programs and services conducted by the 
federal government for Indians and to encourage the development of the 
  human resources of the Indian people; to establish and carry out a 
 national Indian education program; to encourage the establishment of 
     local Indian school control; to train professionals in Indian 
      education; and to establish an Indian youth intern program.

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

           *       *       *       *       *       *       *


   TITLE VI. TRIBAL SELF-GOVERNANCE--DEPARTMENT OF HEALTH AND HUMAN 
                                SERVICES

SEC. 601. DEFINITIONS.

    [(a) In General.--In this title, the Secretary may apply 
the definitions contained in title V.
    [(b) Other Definitions.--In this title:
          [(1) Agency.--The term ``agency'' means any agency or 
        other organizational unit of the Department of Health 
        and Human Services, other than the Indian Health 
        Service.
          [(2) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.]
    In this title:
          (1) Compact.--The term ``compact'' means a compact 
        under section 604.
          (2) Construction project.--The term ``construction 
        project'' has the meaning given the term in section 
        501.
          (3) Demonstration project.--The term ``demonstration 
        project'' means the demonstration project under this 
        title.
          (4) Funding agreement.--The term ``funding 
        agreement'' means a funding agreement under section 
        604.
          (5) Included program.--The term ``included program'' 
        means a program that is eligible for inclusion under a 
        funding agreement under section 604(c) (including any 
        portion of such a program and any function, service, or 
        activity performed under such a program).
          (6) Indian tribe.--The term ``Indian tribe'', in a 
        case in which an Indian tribe authorizes another Indian 
        tribe, an inter-tribal consortium, or a tribal 
        organization to plan for or carry out an included 
        program on its behalf in accordance with section 
        603(a)(3), includes the other authorized Indian tribe, 
        inter-tribal consortium, or tribal organization.
          (7) Inter-tribal consortium.--The term ``inter-tribal 
        consortium'' has the meaning given the term in section 
        501.
          (8) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.
          (9) Self-governance.--The term ``self-governance'' 
        has the meaning given the term in section 501.
          (10) Tribal share.--The term ``tribal share'' has the 
        meaning given the term in section 501.

[SEC. 602. DEMONSTRATION PROJECT FEASIBILITY.

    [(a) Study.--The Secretary shall conduct a study to 
determine the feasibility of a tribal self-governance 
demonstration project for appropriate programs, services, 
functions, and activities (or portions thereof) of the agency.
    [(b) Considerations.--In conducting the study, the 
Secretary shall consider--
          [(1) the probable effects on specific programs and 
        program beneficiaries of such a demonstration project;
          [(2) statutory, regulatory, or other impediments to 
        implementation of such a demonstration project;
          [(3) strategies for implementing such a demonstration 
        project;
          [(4) probable costs or savings associated with such a 
        demonstration project;
          [(5) methods to assure quality and accountability in 
        such a demonstration project; and
          [(6) such other issues that may be determined by the 
        Secretary or developed through consultation pursuant to 
        section 603.
    [(c) Report.--Not later than 18 months after the date of 
the enactment of this title, the Secretary shall submit a 
report to the Committee on Indian Affairs of the Senate and 
Committee on Resources of the House of Representatives. The 
report shall contain--
          [(1) the results of the study under this section;
          [(2) a list of programs, services, functions, and 
        activities (or portions thereof) within each agency 
        with respect to which it would be feasible to include 
        in a tribal self-governance demonstration project;
          [(3) a list of programs, services, functions, and 
        activities (or portions thereof) included in the list 
        provided pursuant to paragraph (2) that could be 
        included in a tribal self-governance demonstration 
        project without amending statutes, or waiving 
        regulations that the Secretary may not waive;
          [(4) a list of legislative actions required in order 
        to include those programs, services, functions, and 
        activities (or portions thereof) included in the list 
        provided pursuant to paragraph (2) but not included in 
        the list provided pursuant to paragraph (3) in a tribal 
        self-governance demonstration project; and
          [(5) any separate views of tribes and other entities 
        consulted pursuant to section 603 related to the 
        information provided pursuant to paragraphs (1) through 
        (4).]

SEC. 602. ESTABLISHMENT OF DEMONSTRATION PROJECT.

    (a) Demonstration.--For a period of not more than 5 years 
after the date of enactment of the Department of Health and 
Human Services Tribal Self-Governance Amendments Act of 2003, 
the Secretary shall carry out a project to demonstrate the 
effectiveness of tribal operation of the included programs 
under self-governance principles and authorities.
    (b) Administration.--The management and administration of 
the demonstration project shall be in the Office of the 
Secretary.

[SEC. 603. CONSULTATION.

    [(a) Study Protocol.--
          [(1) Consultation with indian tribes.--The Secretary 
        shall consult with Indian tribes to determine a 
        protocol for consultation under subsection (b) prior to 
        consultation under such subsection with the other 
        entities described in such subsection.
          [(2) Requirements for protocol.--The protocol shall 
        require, at a minimum, that--
                  [(A) the government-to-government 
                relationship with Indian tribes forms the basis 
                for the consultation process;
                  [(B) the Indian tribes and the Secretary 
                jointly conduct the consultations required by 
                the this section; and
                  [(C) the consultation process allows for 
                separate and direct recommendations from the 
                Indian tribes and other entities described in 
                subsection (b).
    [(b) Conducting Study.--In conducting the study under this 
title, the Secretary shall consult with Indian tribes, States, 
counties, municipalities, program beneficiaries, and interested 
public interest groups, and may consult with other entities as 
appropriate.]

SEC. 603. SELECTION OF PARTICIPATING INDIAN TRIBES.

    (a) In General.--
          (1) Continuing participation.--Not more than 50 
        Indian tribes that meet the eligibility criteria 
        specified in subsection (b) shall be entitled to 
        participate in the demonstration project.
          (2) Additional participants.--If more than 50 
        eligible Indian tribes request participation, the 
        Secretary may select additional Indian tribes to 
        participate in the demonstration project.
          (3) Other authorized indian tribe, inter-tribal 
        consortium, or tribal government.--If an Indian tribe 
        authorizes another Indian tribe, an inter-tribal 
        consortium, or a tribal organization to plan for or 
        carry out an included program on its behalf under this 
        title, the authorized Indian tribe, inter-tribal 
        consortium, or tribal organization shall have the 
        rights and responsibilities of the authorizing Indian 
        tribe (except as otherwise provided in the authorizing 
        resolution).
    (b) Eligibility.--An Indian tribe shall be eligible to 
participate in the demonstration project if the Indian tribe, 
as of the date of enactment of the Department of Health and 
Human Services Tribal Self-Governance Amendments Act of 2003, 
is a party to a compact or funding agreement under this Act.
    (c) Selection.--The Secretary shall select Indian tribes 
that request participation in the demonstration project by 
resolution or other official action by the governing body of 
each Indian tribe to be served.
    (d) Planning and Negotiation Grants.--
          (1) In general.--Subject to the availability of 
        appropriations, the Secretary shall establish a program 
        to allow Indian tribes that meet the eligibility 
        requirements of this title to be awarded a planning 
        grant or negotiation grant, or both.
          (2) Receipt of grant not required.--Receipt of a 
        grant under paragraph (1) by an Indian tribe is not a 
        requirement for the Indian tribe to participate in the 
        demonstration project.

[SEC. 604. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated such sums as may 
be necessary to carry out this title. Such sums shall remain 
available until expended.]

SEC. 604. COMPACTS AND FUNDING AGREEMENTS.

    (a) In General.--
          (1) New compact and funding agreement.--Not later 
        than 60 days after the date of submission by an Indian 
        tribe of a request to participate in the demonstration 
        project, the Secretary shall negotiate and enter into a 
        written compact and funding agreement with the Indian 
        tribe in a manner that is consistent with the trust 
        responsibility of the Federal Government, treaty and 
        statutory obligations, and the government-to-government 
        relationship between Indian tribes and the United 
        States.
          (2) Existing compact.--Rather than enter into a new 
        compact under paragraph (1), an Indian tribe may use an 
        existing compact negotiated under title V for purposes 
        of the demonstration project.
    (b) Compacts.--
          (1) Contents.--A compact under subsection (a) shall 
        designate--
                  (A) congressional policies regarding tribal 
                self-governance;
                  (B) the intent of the demonstration project;
                  (C) such terms as shall control from year to 
                year; and
                  (D) any provisions of this title that are 
                requested by the Indian tribe.
          (2) Effective date.--The effective date of a compact 
        shall be the date of execution by the Indian tribe and 
        the Secretary or another date agreed on by the parties.
          (3) Duration.--A compact shall remain in effect so 
        long as permitted by Federal law or until terminated by 
        agreement of the parties.
          (4) Amendment.--A compact may be amended only by 
        agreement of the parties.
    (c) Funding Agreements.--
          (1) Scope.--A funding agreement under subsection (a) 
        shall, at the option of the Indian tribe, authorize the 
        Indian tribe to plan, conduct, and administer included 
        programs administered by the Secretary through an 
        agency of the Department of Health and Human Services, 
        set forth in paragraphs (2) through (4).
          (2) Initial included programs.--The following 
        programs are eligible for inclusion in a funding 
        agreement under this title:
                  (A) Administration on aging.--Grants for 
                Native Americans under title VI of the Older 
                Americans Act of 1965 (42 U.S.C. 3057 et seq.).
                  (B) Administration for children and 
                families.--
                          (i) The tribal temporary assistance 
                        for needy families program under 
                        section 412(a)(1) of the Social 
                        Security Act (42 U.S.C. 612(a)(1) et 
                        seq.).
                          (ii) The Low-Income Home Energy 
                        Assistance Program under the Low-Income 
                        Home Energy Assistance Act of 1981 (42 
                        U.S.C. 8621 et seq.).
                          (iii) The Community Services Block 
                        Grant Program under the Community 
                        Services Block Grant Act (42 U.S.C. 
                        9901 et seq.).
                          (iv) The Child Care and Development 
                        Fund under the Child Care and 
                        Development Block Grant Act (42 U.S.C. 
                        9858 et seq.).
                          (v) The native employment works 
                        program under section 412(a)(2) of the 
                        Social Security Act (42 U.S.C. 
                        612(a)(2)).
                          (vi) The Head Start Program under the 
                        Head Start Act (42 U.S.C. 9831 et 
                        seq.).
                          (vii) Child welfare services programs 
                        under part B of title IV of the Social 
                        Security Act (42 U.S.C. 620 et seq.).
                          (viii) The promoting safe and stable 
                        families program under part B of title 
                        IV of the Social Security Act (42 
                        U.S.C. 620 et seq.).
                          (ix) Family violence prevention 
                        grants for battered women's shelters 
                        under the Family Violence Prevention 
                        and Services Act (42 U.S.C. 10401 et 
                        seq.).
                  (C) Substance abuse and mental health 
                services administration.--Targeted capacity 
                expansion program under title V of the Public 
                Health Service Act (42 U.S.C. 290aa et seq.).
                  (D) Block grants regarding mental health and 
                substance abuse.--Mental health and substance 
                abuse block grant programs under title XIX of 
                the Public Health Services Act (42 U.S.C. 300x 
                et seq.).
                  (E) Health resources and services 
                administration.--Community health center grants 
                under section 330 of the Public Health Service 
                Act (42 U.S.C. 254b).
          (3) Additional included programs.--The Secretary may 
        identify not more than 6 additional programs annually 
        for inclusion in the demonstration project, including--
                  (A) all other programs in which Indian tribes 
                are eligible to participate;
                  (B) all other programs for which Indians are 
                eligible beneficiaries; and
                  (C) competitive grants for which an Indian 
                tribe receives an individual or cooperative 
                award, on the condition that the Indian tribe 
                agree in the funding agreement to restrictions 
                regarding program redesign and budget 
                reallocation for any competitive awards.
          (4) Contents.--A funding agreement--
                  (A) shall specify--
                          (i) the services to be provided;
                          (ii) the functions to be performed; 
                        and (iii) the responsibilities of the 
                        Indian tribe and the Secretary;
                  (B) shall provide for payment by the 
                Secretary to the Indian tribe of funds in 
                accordance with section 605;
                  (C) shall not allow the Secretary to waive, 
                modify, or diminish in any way the trust 
                responsibility of the United States with 
                respect to Indian tribes and individual Indians 
                that exist under treaties, Executive orders, 
                and Acts of Congress; and
                  (D) shall allow for retrocession of included 
                programs under section 105(e).

SEC. 605. TRANSFER OF FUNDS.

    (a) Transfer.--
          (1) In general.--Under any compact or funding 
        agreement entered into under this title, the Secretary 
        shall transfer to the Indian tribe all funds provided 
        for in the funding agreement.
          (2) Timing.--Unless the funding agreement provides 
        otherwise, at the request of the Indian tribe--
                  (A) funding shall be paid in 1 annual lump 
                sum payment; and
                  (B) the transfer shall be made not later than 
                10 days after the apportionment of funds by the 
                Office of Management and Budget to the 
                Department of Health and Human Services.
    (b) Amount of Funding.--
          (1) Funding formulas.--
                  (A) In general.--Any statutory funding 
                formula for an included program--
                          (i) shall be waived for the 
                        demonstration project under this title; 
                        and
                          (ii) shall be used to determine the 
                        amount of funding provided to an Indian 
                        tribe.
                  (B) Adequacy.--Subject to the availability of 
                appropriations--
                          (i) the funding amount shall be 
                        adequate to permit the successful 
                        implementation of the demonstration 
                        project; and
                          (ii) the Secretary and the 
                        participating Indian tribe shall 
                        determine the funding amount through 
                        negotiation.
          (2) Matching requirement.--An Indian tribe may 
        request a waiver of any matching requirement applicable 
        to an included program, and the Secretary shall 
        liberally grant such reasonable waiver requests.
          (3) Contract support costs.--There shall be added to 
        the amount required by paragraph (1) contract support 
        costs as specified in paragraphs (2), (3), (5), and (6) 
        of section 106(a).
          (4) Administrative fund shares.--
                  (A) In general.--An Indian tribe may 
                negotiate for a tribal share of administrative 
                funds without regard to the organizational 
                level at which the included programs are 
                carried out.
                  (B) Inclusion.--A tribal share under 
                subparagraph (A) shall include a share for 
                training and technical assistance services 
                performed by a contractor.

SEC. 606. GENERAL PROVISIONS.

    (a) Redesign, Consolidation, and Reallocation.--
          (1) In general.--To the extent allowed under the 
        statutory provisions of the included programs included 
        in the funding agreement, and subject to the terms of 
        the funding agreement, an Indian tribe may--
                  (A) redesign or consolidate the included 
                programs under the funding agreement if the 
                Indian tribe agrees to abide by the statutory 
                purposes of the program; and
                  (B) reallocate or redirect funds for the 
                included programs, among the included programs 
                under the funding agreement, so long as all 
                demonstration project costs using those funds 
                meet allowable cost standards as required by 
                section 506(c).
          (2) Waivers.--
                  (A) In general.--At the request of an Indian 
                tribe, if the Secretary determines that a 
                waiver would further the purposes of this Act, 
                the Secretary shall grant a waiver of program 
                requirements for the duration of the 
                demonstration project to facilitate the ability 
                of an Indian tribe to redesign included 
                programs or reallocate funds under paragraph 
                (1).
                  (B) Documentation.--The Secretary shall 
                document all requests for a waiver under 
                subparagraph (A), including a description of-
                          (i) the reasons for each request;
                          (ii) the effect of the waiver on the 
                        Indian tribe making the request; and
                          (iii) the views of the Indian tribe 
                        regarding the requested waiver.
    (b) Inability To Agree on Compact or Funding Agreement.--
          (1) Final offer.--If the Secretary and an Indian 
        tribe are unable to agree, in whole or in part, on the 
        terms of a compact or funding agreement (including 
        funding levels), the Indian tribe may submit a final 
        offer to the Secretary.
          (2) Determination.--Not later than 45 days after the 
        date of submission of a final offer, or as otherwise 
        agreed to by the Indian tribe, the Secretary shall 
        review and make a determination with respect to the 
        final offer.
          (3) No timely determination.--If the Secretary fails 
        to make a determination with respect to a final offer 
        within the time specified in paragraph (2), the 
        Secretary shall be deemed to have agreed to the final 
        offer.
          (4) Rejection of final offer.--
                  (A) In general.--If the Secretary rejects a 
                final offer, the Secretary shall-
                          (i) submit to the Indian tribe a 
                        written statement clearly setting forth 
                        the reasons for rejecting the final 
                        offer; and
                          (ii) provide the Indian tribe with a 
                        hearing on the record (except that the 
                        Indian tribe may, in lieu of such a 
                        hearing, file an appeal of the 
                        rejection to the Intra-Departmental 
                        Council on Native American Affairs, the 
                        decision of which shall be final and 
                        not subject to judicial review).
                  (B) Burden of proof.--In a hearing or appeal 
                under subparagraph (A)(ii), the Secretary shall 
                have the burden of proving by clear and 
                convincing evidence the validity of the grounds 
                for rejecting the final offer.
    (c) Other Funding.--Participation by an Indian tribe in the 
demonstration project under this title shall not affect the 
amount of funding that the Indian tribe would receive under the 
laws (including regulations) governing the included programs if 
the Indian tribe did not participate.
    (d) Duplication of Eligibility.--To the maximum extent 
practicable, an Indian tribe shall make efforts to coordinate 
with appropriate States to identify dually eligible individuals 
to address the potential for the provision of duplicate 
benefits.
    (e) Appeals.--Except as provided in subsection (b)(2), a 
compact or funding agreement under this title shall be 
considered to be a contract for the purposes of section 110.
    (f) Regulations; Other Agency Statements.--
          (1) Regulations.--An Indian tribe shall comply with 
        final regulations for the included programs in 
        connection with the demonstration project.
          (2) Other agency statements.--Unless expressly agreed 
        to by an Indian tribe in a compact or funding 
        agreement, the Indian tribe shall not be subject to any 
        agency circular, policy, manual, guidance, or rule that 
        is promulgated by regulation.
    (g) Applicability of Other Provisions.--The following 
provisions of this Act shall apply to a compact or funding 
agreements entered into under this title:
          (1) Section 102(d).
          (2) Section 506(b) (conflicts of interest).
          (3) Section 506(c)(1) (Single Agency Audit Act).
          (4) Section 506(c)(2) (cost principles).
          (5) Section 506(c) (records).
          (6) Section 507(c)(1)(A) (grounds for rejecting a 
        final offers).
          (7) Section 508(g) (prompt payment).
          (8) Section 506(h) (nonduplication).
          (9) Section 508(h) (interest or other income on 
        transfers).
          (10) Section 508(i) (carryover of funds).
          (11) Section 509 (construction projects).
          (12) Section 510 (Federal procurement laws).
          (13) Section 512(b) (regulation waivers).

SEC. 607. REPORT.

    (a) In general.--The Secretary shall annually submit to 
Congress a report on the relative costs and benefits of the 
demonstration project using evaluation and reporting data 
provided by participating Indian tribes.
    (b) Baseline Measurements.--
          (1) In general.--A report under subsection (a) shall 
        be based on baseline measurements developed jointly by 
        the Secretary and participating Indian tribes.
          (2) Financial Assistance. The Secretary shall provide 
        financial assistance to Indian tribes to assist Indian 
        tribes in evaluating and reporting on the demonstration 
        project.
    (c) Contents.--A report under subsection (a) shall--
          (1) verify that the participating Indian tribes met 
        the statutory purposes of the included programs;
          (2) confirm that key self-governance principles were 
        carried out as Indian tribes operated the included 
        programs; and
          (3) separately include Federal and tribal viewpoints 
        regarding-
                  (A) the merger of included programs operated 
                under this title and self-governance 
                principles; and
                  (B) the impact on program beneficiaries.

SEC. 608. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are 
necessary to carry out this title, to remain available until 
expended.

                                  
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