[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 209 Enrolled Bill (ENR)]
S.209
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
An Act
To amend the Indian Self-Determination and Education Assistance Act to
provide further self-governance by Indian Tribes, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Practical Reforms
and Other Goals To Reinforce the Effectiveness of Self-Governance and
Self-Determination for Indian Tribes Act of 2019'' or the ``PROGRESS
for Indian Tribes Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

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TITLE II

-INDIAN SELF-DETERMINATION

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TITLE I

-TRIBAL SELF-GOVERNANCE

APPLICATION OF PROVISIONS.
(a) Definitions.--
(1) In general.--Section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304) is amended by striking
subsection (j) and inserting the following:
``(j) `self-determination contract' means a contract entered into
under title I (or a grant or cooperative agreement used under section
9) between a Tribal organization and the appropriate Secretary for the
planning, conduct, and administration of programs or services that are
otherwise provided to Indian Tribes and members of Indian Tribes
pursuant to Federal law, subject to the condition that, except as
provided in section 105(a)(3), no contract entered into under title I
(or grant or cooperative agreement used under section 9) shall be--
``(1) considered to be a procurement contract; or
``(2) except as provided in section 107(a)(1), subject to any
Federal procurement law (including regulations);''.
(2) Technical amendments.--Section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304), as
amended by paragraph (1), is further amended--
(A) in subsection (e), by striking ```Indian tribe' means''
and inserting ```Indian tribe' or `Indian Tribe' means''; and
(B) in subsection (l), by striking ```tribal organization'
means'' and inserting ```Tribal organization' or `tribal
organization' means''.
(b) Reporting and Audit Requirements.--Section 5 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5305) is
amended--
(1) in subsection (b)--
(A) by striking ``after completion of the project or
undertaking referred to in the preceding subsection of this
section'' and inserting ``after the retention period for the
report that is submitted to the Secretary under subsection
(a)''; and
(B) by adding at the end the following: ``The retention
period shall be defined in regulations promulgated by the
Secretary pursuant to section 413.''; and
(2) in subsection (f)(1), by inserting ``if the Indian Tribal
organization expends $500,000 or more in Federal awards during such
fiscal year'' after ``under this Act,''.
(c) Effective Date.--The amendment made by subsection (b)(2) shall
not take effect until 14 months after the date of enactment of this
Act.
(d) Application of Other Provisions.--Sections 4, 5, 6, 7, 102(c),
104, 105(a)(1), 105(f), 110, and 111 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304, 5305, 5306, 5307,
5321(c), 5323, 5324(a)(1), 5324(f), 5331, and 5332) and section 314 of
the Department of the Interior and Related Agencies Appropriations Act,
1991 (Public Law 101-512; 104 Stat. 1959), apply to compacts and
funding agreements entered into under title IV of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5361 et seq.).

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Section 102 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5321) is amended--
(1) in subsection (c)(2), by striking ``economic enterprises''
and all that follows through ``except that'' and inserting
``economic enterprises (as defined in section 3 of the Indian
Financing Act of 1974 (25 U.S.C. 1452)), except that''; and
(2) by adding at the end the following:
``(f) Good Faith Requirement.--In the negotiation of contracts and
funding agreements, the Secretary shall--
``(1) at all times negotiate in good faith to maximize
implementation of the self-determination policy; and
``(2) carry out this Act in a manner that maximizes the policy
of Tribal self-determination, in a manner consistent with--
``(A) the purposes specified in section 3; and
``(B) the PROGRESS for Indian Tribes Act.
``(g) Rule of Construction.--Subject to section 101(a) of the
PROGRESS for Indian Tribes Act, each provision of this Act and each
provision of a contract or funding agreement shall be liberally
construed for the benefit of the Indian Tribe participating in self-
determination, and any ambiguity shall be resolved in favor of the
Indian Tribe.''.

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Section 105 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5324) is amended--
(1) in subsection (b), in the first sentence, by striking
``pursuant to'' and all that follows through ``of this Act'' and
inserting ``pursuant to sections 102 and 103''; and
(2) by adding at the end the following:
``(p) Interpretation by Secretary.--Except as otherwise provided by
law, the Secretary shall interpret all Federal laws (including
regulations) and Executive orders in a manner that facilitates, to the
maximum extent practicable--
``(1) the inclusion in self-determination contracts and funding
agreements of--
``(A) applicable programs, services, functions, and
activities (or portions thereof); and
``(B) funds associated with those programs, services,
functions, and activities;
``(2) the implementation of self-determination contracts and
funding agreements; and
``(3) the achievement of Tribal health objectives.
``(q)(1) Technical Assistance for Internal Controls.--In
considering proposals for, amendments to, or in the course of, a
contract under this title and compacts under titles IV and V of this
Act, if the Secretary determines that the Indian Tribe lacks adequate
internal controls necessary to manage the contracted program or
programs, the Secretary shall, as soon as practicable, provide the
necessary technical assistance to assist the Indian Tribe in developing
adequate internal controls. As part of that technical assistance, the
Secretary and the Tribe shall develop a plan for assessing the
subsequent effectiveness of such technical assistance. The inability of
the Secretary to provide technical assistance or lack of a plan under
this subsection shall not result in the reassumption of an existing
agreement, contract, or compact, or declination or rejection of a new
agreement, contract, or compact.
``(2) The Secretary shall prepare a report to be included in the
information required for the reports under sections 412(b)(2)(A) and
514(b)(2)(A). The Secretary shall include in this report, in the
aggregate, a description of the internal controls that were inadequate,
the technical assistance provided, and a description of Secretarial
actions taken to address any remaining inadequate internal controls
after the provision of technical assistance and implementation of the
plan required by paragraph (1).''.

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Section 106(a)(3) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5325(a)(3)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``, and'' and inserting ``;
and''; and
(B) in clause (ii), by striking ``expense related to the
overhead incurred'' and inserting ``expense incurred by the
governing body of the Indian Tribe or Tribal organization and
any overhead expense incurred'';
(2) by redesignating subparagraph (B) as subparagraph (C); and
(3) by inserting after subparagraph (A) the following:
``(B) In calculating the reimbursement rate for expenses
described in subparagraph (A)(ii), not less than 50 percent of
the expenses described in subparagraph (A)(ii) that are
incurred by the governing body of an Indian Tribe or Tribal
organization relating to a Federal program, function, service,
or activity carried out pursuant to the contract shall be
considered to be reasonable and allowable.''.

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Section 108 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5329) is amended--
(1) in subsection (a)(2), by inserting ``subject to subsections
(a) and (b) of section 102,'' before ``contain'';
(2) in subsection (f)(2)(A)(ii) of the model agreement
contained in subsection (c), by inserting ``subject to subsections
(a) and (b) of section 102 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5321),'' before ``such other
provisions''; and
(3) in subsection (b)(7)(C) of the model agreement contained in
subsection (c), in the second sentence of the matter preceding
clause (i), by striking ``one performance monitoring visit'' and
inserting ``two performance monitoring visits''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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PROGRESS for Indian Tribes Act — S. 209

Other Sections

TITLE II

TITLE I

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