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such evidence as the Commission considers ad

visable to carry out the purposes of this section.

(B) INFORMATION FROM FEDERAL AGENCIES.-The Commission may secure directly

from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act section. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission.

(C) POSTAL SERVICES.-The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Gov

ernment.

(D) GIFTS.-The Commission may accept, use, and dispose of gifts or donations of services or property.

(9) COMMISSION PERSONNEL MATTERS.—

(A) COMPENSATION OF MEMBERS.-Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated for each day (including travel time) during which such member is en

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gaged in the performance of the duties of the

Commission. All members of the Commission

who are officers or employees of the United States shall serve without compensation in addition to that received for their services as offi

cers or employees of the United States.

(B) TRAVEL EXPENSES.-The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agen

cies under subchapter I of chapter 57 of title 5,

United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

(c) REPORT.-Not later than 2 years after the date 16 of enactment of this Act, and annually thereafter, the 17 Commission shall prepare and submit to the President, the 18 Committee on Indian Affairs of the Senate, and the Com19 mittee on Resources of the House of Representatives a re20 port on the implementation of this title that includes any 21 recommendations that the Commission determines to be 22 appropriate.

23 SEC. 106. FUNDING AND IMPLEMENTATION.

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(a) IN GENERAL.-With respect to any agreement or

25 compact between an Indian tribe and a State, the United

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1 States, upon agreement of the parties and the Secretary, 2 may provide financial assistance to such parties for costs 3 of personnel or administrative expenses in an amount not to exceed 100 percent of the costs incurred by the parties 5 as a consequence of that agreement or compact, including 6 any indirect costs of administration that are attributable to the services performed under the agreement or compact. 8 (b) ASSISTANCE.-The head of each Federal agency 9 may, to the extent allowable by law and subject to the 10 availability of appropriations, provide technical assistance, 11 material support, and personnel to assist States and In12 dian tribes in the implementation of the agreements or 13 compacts entered into under this title.

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TITLE II-TORT LIABILITY

INSURANCE

16 SEC. 201. LIABILITY INSURANCE, WAIVER OF DEFENSE. (a) TRIBAL PRIORITY ALLOCATION DEFINED.-The 18 term "tribal priority allocation" means an allocation to a 19 tribal priority account of an Indian tribe by the Bureau 20 of Indian Affairs to allow that Indian tribe to establish 21 program priorities and funding levels.

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(b) INSURANCE.

(1) IN GENERAL.-Except as provided in para

graph (3), not later than 2 years after the date of

enactment of this Act, the Secretary shall obtain or

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provide tort liability insurance or equivalent coverage

for each Indian tribe that receives a tribal priority allocation from amounts made available to the Bu

reau of Indian Affairs for the operation of Indian

programs.

(2) COST-EFFECTIVENESS.-In carrying out paragraph (1), the Secretary shall

(A) ensure that the insurance or equivalent coverage is provided in the most cost-effective manner available; and

(B) for each Indian tribe referred to in paragraph (1), take into consideration the extent to which the tort liability is covered—

(i) by privately secured liability insur

ance; or

(ii) chapter 171 of title 28, United States Code (commonly referred to as the "Federal Tort Claims Act") by reason of an activity of the Indian tribe in which the

Indian tribe is acting in the same capacity as an agency of the United States.

(3) LIMITATION.-If the Secretary determines

that an Indian tribe, described in paragraph (1), has obtained liability insurance in an amount and of the

type that the Secretary determines to be appropriate

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by the date specified in paragraph (1), the Secretary

shall not be required to provide additional coverage for that Indian tribe.

(c) REQUIREMENTS.-A policy of insurance or a doc

5 ument for equivalent coverage under subsection (a)(1)

6 shall

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(1) contain a provision that the insurance carrier shall waive any right to raise as a defense the sovereign immunity of an Indian tribe with respect to an action involving tort liability of that Indian tribe, but only with respect to tort liability claims of an amount and nature covered under the insurance

policy or equivalent coverage offered by the insurance carrier; and

(2) not waive or otherwise limit the sovereign immunity of the Indian tribe outside or beyond the coverage or limits of the policy of insurance or equivalent coverage.

(d) PROHIBITION.-No waiver of the sovereign im

20 munity of a Indian tribe under this section shall include

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(1) interest that may be payable before judg

ment; or

(2) exemplary or punitive damages.

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