106th CONGRESS
1st Session
H. R. 1167
AN ACT
To amend the Indian Self-Determination and Education Assistance Act to
provide for further self-governance by Indian tribes, and for other purposes.
HR 1167 EH
106th CONGRESS
1st Session
H. R. 1167
AN ACT
To amend the Indian Self-Determination and Education Assistance Act
to provide for 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,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Tribal Self-Governance Amendments of
1999'.
SEC. 2. FINDINGS.
(1) the tribal right of self-government flows from the inherent
sovereignty of Indian tribes and nations;
(2) the United States recognizes a special government-to-government
relationship with Indian tribes, including the right of the Indian tribes to
self-governance, as reflected in the Constitution, treaties, Federal
statutes, and the course of dealings of the United States with Indian
tribes;
(3) although progress has been made, the Federal bureaucracy, with its
centralized rules and regulations, has eroded tribal self-governance and
dominates tribal affairs;
(4) the Tribal Self-Governance Demonstration Project, established under
title III of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450f note) was designed to improve and perpetuate the
government-to-government relationship between Indian tribes and the United
States and to strengthen tribal control over Federal funding and program
management;
(5) although the Federal Government has made considerable strides in
improving Indian health care, it has failed to fully meet its trust
responsibilities and to satisfy its obligations to the Indian tribes under
treaties and other laws; and
(6) Congress has reviewed the results of the Tribal Self-Governance
Demonstration Project and finds that transferring full control and funding
to tribal governments, upon tribal request, over decision making for Federal
programs, services, functions, and activities (or portions thereof)--
(A) is an appropriate and effective means of implementing the Federal
policy of government-to-government relations with Indian tribes;
and
(B) strengthens the Federal policy of Indian
self-determination.
SEC. 3. DECLARATION OF POLICY.
It is the policy of Congress to--
(1) permanently establish and implement tribal self-governance within
the Department of Health and Human Services;
(2) call for full cooperation from the Department of Health and Human
Services and its constituent agencies in the implementation of tribal
self-governance--
(A) to enable the United States to maintain and improve its unique and
continuing relationship with, and responsibility to, Indian
tribes;
(B) to permit each Indian tribe to choose the extent of its
participation in self-governance in accordance with the provisions of the
Indian Self-Determination and Education Assistance Act relating to the
provision of Federal services to Indian tribes;
(C) to ensure the continuation of the trust responsibility of the
United States to Indian tribes and Indian individuals;
(D) to affirm and enable the United States to fulfill its obligations
to the Indian tribes under treaties and other laws;
(E) to strengthen the government-to-government relationship between
the United States and Indian tribes through direct and meaningful
consultation with all tribes;
(F) to permit an orderly transition from Federal domination of
programs and services to provide Indian tribes with meaningful authority,
control, funding, and discretion to plan, conduct, redesign, and
administer programs, services, functions, and activities (or portions
thereof) that meet the needs of the individual tribal
communities;
(G) to provide for a measurable parallel reduction in the Federal
bureaucracy as programs, services, functions, and activities (or portions
thereof) are assumed by Indian tribes;
(H) to encourage the Secretary to identify all programs, services,
functions, and activities (or portions thereof) of the Department of
Health and Human Services that may be managed by an Indian tribe under
this Act and to assist Indian tribes in assuming responsibility for such
programs, services, functions, and activities (or portions thereof);
and
(I) to provide Indian tribes with the earliest opportunity to
administer programs, services, functions, and activities (or portions
thereof) from throughout the Department of Health and Human
Services.
SEC. 4. TRIBAL SELF-GOVERNANCE.
The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450
et seq.) is amended by adding at the end the following new titles:
`TITLE V--TRIBAL SELF-GOVERNANCE
`SEC. 501. ESTABLISHMENT.
`The Secretary of Health and Human Services shall establish and carry out
a program within the Indian Health Service of the Department of Health and
Human Services to be known as the `Tribal Self-Governance Program' in
accordance with this title.
`SEC. 502. DEFINITIONS.
`(a) IN GENERAL- For purposes of this title--
`(1) the term `construction project' means an organized noncontinuous
undertaking to complete a specific set of predetermined objectives for the
planning, environmental determination, design, construction, repair,
improvement, or expansion of buildings or facilities, as described in a
construction project agreement. The term `construction project' does not
mean construction program administration and activities described in
paragraphs (1) through (3) of section 4(m), which may otherwise be included
in a funding agreement under this title;
`(2) the term `construction project agreement' means a negotiated
agreement between the Secretary and an Indian tribe which at a
minimum--
`(A) establishes project phase start and completion dates;
`(B) defines a specific scope of work and standards by which it will
be accomplished;
`(C) identifies the responsibilities of the Indian tribe and the
Secretary;
`(D) addresses environmental considerations;
`(E) identifies the owner and operations/maintenance entity of the
proposed work;
`(G) provides a payment process; and
`(H) establishes the duration of the agreement based on the time
necessary to complete the specified scope of work, which may be 1 or more
years;
`(3) the term `inherent Federal functions' means those Federal functions
which cannot legally be delegated to Indian tribes;
`(4) the term `inter-tribal consortium' means a coalition of two or more
separate Indian tribes that join together for the purpose of participating
in self-governance, including, but not limited to, a tribal
organization;
`(5) the term `gross mismanagement' means a significant, clear, and
convincing violation of compact, funding agreement, or regulatory, or
statutory requirements applicable to Federal funds transferred to a tribe by
a compact or funding agreement that results in a significant reduction of
funds available for the programs, services, functions, or activities (or
portions thereof) assumed by an Indian tribe;
`(6) the term `tribal shares' means an Indian tribe's portion of all
funds and resources that support secretarial programs, services, functions,
and activities (or portions thereof) that are not required by the Secretary
for performance of inherent Federal functions;
`(7) the term `Secretary' means the Secretary of Health and Human
Services; and
`(8) the term `self-governance' means the program established pursuant
to section 501.
`(b) INDIAN TRIBE- Where an Indian tribe has authorized another Indian
tribe, an inter-tribal consortium, or a tribal organization to plan for or
carry out programs, services, functions, or activities (or portions thereof)
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 or in this title). In such event, the term `Indian
tribe' as used in this title shall include such other authorized Indian tribe,
inter-tribal consortium, or tribal organization.
`SEC. 503. SELECTION OF PARTICIPATING INDIAN TRIBES.
`(a) CONTINUING PARTICIPATION- Each Indian tribe that is participating in
the Tribal Self-Governance Demonstration Project under title III on the date
of the enactment of this title may elect to participate in self-governance
under this title under existing authority as reflected in tribal
resolutions.
`(b) ADDITIONAL PARTICIPANTS-
`(1) In addition to those Indian tribes participating in self-governance
under subsection (a), each year an additional 50 Indian tribes that meet the
eligibility criteria specified in subsection (c) shall be entitled to
participate in self-governance.
`(2)(A) An Indian tribe that has withdrawn from participation in an
inter-tribal consortium or tribal organization, in whole or in part, shall
be entitled to participate in self-governance provided the Indian tribe
meets the eligibility criteria specified in subsection (c).
`(B) If an Indian tribe has withdrawn from participation in an
inter-tribal consortium or tribal organization, it shall be entitled to its
tribal share of funds supporting those programs, services, functions, and
activities (or portions thereof) that it will be carrying out under its
compact and funding agreement.
`(C) In no event shall the withdrawal of an Indian tribe from an
inter-tribal consortium or tribal organization affect the eligibility of the
inter-tribal consortium or tribal organization to participate in
self-governance.
`(c) APPLICANT POOL- The qualified applicant pool for self-governance
shall consist of each Indian tribe that--
`(1) successfully completes the planning phase described in subsection
(d);
`(2) has requested participation in self-governance by resolution or
other official action by the governing body (or bodies) of the Indian tribe
or tribes to be served; and
`(3) has demonstrated, for the previous 3 fiscal years, financial
stability and financial management capability.
Evidence that during such years the Indian tribe had no uncorrected
significant and material audit exceptions in the required annual audit of the
Indian tribe's self-determination contracts or self-governance funding
agreements shall be conclusive evidence of the required stability and
capability for the purposes of this subsection.
`(d) PLANNING PHASE- Each Indian tribe seeking participation in
self-governance shall complete a planning phase. The planning phase shall be
conducted to the satisfaction of the Indian tribe and shall include--
`(1) legal and budgetary research; and
`(2) internal tribal government planning and organizational preparation
relating to the administration of health care programs.
`(e) GRANTS- Subject to the availability of appropriations, any Indian
tribe meeting the requirements of paragraphs (2) and (3) of subsection (c)
shall be eligible for grants--
`(1) to plan for participation in self-governance; and
`(2) to negotiate the terms of participation by the Indian tribe or
tribal organization in self-governance, as set forth in a compact and a
funding agreement.
`(f) RECEIPT OF GRANT NOT REQUIRED- Receipt of a grant under subsection
(e) shall not be a requirement of participation in self-governance.
`SEC. 504. COMPACTS.
`(a) COMPACT REQUIRED- The Secretary shall negotiate and enter into a
written compact with each Indian tribe participating in self-governance in a
manner consistent with the Federal Government's trust responsibility, treaty
obligations, and the government-to-government relationship between Indian
tribes and the United States.
`(b) CONTENTS- Each compact required under subsection (a) shall set forth
the general terms of the government-to-government relationship between the
Indian tribe and the Secretary, including such terms as the parties intend
shall control year after year. Such compacts may only be amended by mutual
agreement of the parties.
`(c) EXISTING COMPACTS- An Indian tribe participating in the Tribal
Self-Governance Demonstration Project under title III on the date of the
enactment of this title shall have the option at any time thereafter to--
`(1) retain its Tribal Self-Governance Demonstration Project compact (in
whole or in part) to the extent the provisions of such compact are not
directly contrary to any express provision of this title, or
`(2) negotiate in lieu thereof (in whole or in part) a new compact in
conformity with this title.
`(d) TERM AND EFFECTIVE DATE- The effective date of a compact shall be the
date of the approval and execution by the Indian tribe or another date agreed
upon by the parties, and shall remain in effect for so long as permitted by
Federal law or until terminated by mutual written agreement, retrocession, or
reassumption.
`SEC. 505. FUNDING AGREEMENTS.
`(a) FUNDING AGREEMENT REQUIRED- The Secretary shall negotiate and enter
into a written funding agreement with each Indian tribe participating in
self-governance in a manner consistent with the Federal Government's trust
responsibility, treaty obligations, and the government-to-government
relationship between Indian tribes and the United States.
`(b) CONTENTS- Each funding agreement required under subsection (a) shall,
as determined by the Indian tribe, authorize the Indian tribe to plan,
conduct, consolidate, administer, and receive full tribal share funding,
including tribal shares of Indian Health Service competitive grants (excluding
congressionally earmarked competitive grants), for all programs, services,
functions, and activities (or portions thereof), that are carried out for the
benefit of Indians because of their status as Indians without
regard to the agency or office of the Indian Health Service within which the
program, service, function, or activity (or portion thereof) is performed. Such
programs, services, functions, or activities (or portions thereof) include all
programs, services, functions, activities (or portions thereof) where Indian
tribes or Indians are primary or significant beneficiaries, administered by the
Department of Health and Human Services through the Indian Health Service and
grants (which may be added to a funding agreement after award of such grants)
and all local, field, service unit, area, regional, and central headquarters or
national office functions administered under the authority of--
`(1) the Act of November 2, 1921 (25 U.S.C. 13);
`(2) the Act of April 16, 1934 (25 U.S.C. 452 et seq.);
`(3) the Act of August 5, 1954 (68 Stat. 674);
`(4) the Indian Health Care Improvement Act (25 U.S.C. 1601 et
seq.);
`(5) the Indian Alcohol and Substance Abuse Prevention and Treatment Act
of 1986 (25 U.S.C. 2401 et seq.);
`(6) any other Act of Congress authorizing agencies of the Department of
Health and Human Services to administer, carry out, or provide financial
assistance to such programs, functions, or activities (or portions thereof)
described in this section; or
`(7) any other Act of Congress authorizing such programs, functions, or
activities (or portions thereof) under which appropriations are made to
agencies other than agencies within the Department of Health and Human
services when the Secretary administers such programs, functions, or
activities (or portions thereof).
`(c) INCLUSION IN COMPACT OR FUNDING AGREEMENT- Indian tribes or Indians
need not be identified in the authorizing statute for a program or element of
a program to be eligible for inclusion in a compact or funding agreement under
this title.
`(d) FUNDING AGREEMENT TERMS- Each funding agreement shall set forth terms
that generally identify the programs, services, functions, and activities (or
portions thereof) to be performed or administered, the general budget category
assigned, the funds to be provided, including those to be provided on a
recurring basis, the time and method of transfer of the funds, the
responsibilities of the Secretary, and any other provisions to which the
Indian tribe and the Secretary agree.
`(e) SUBSEQUENT FUNDING AGREEMENTS- Absent notification from an Indian
tribe that is withdrawing or retroceding the operation of one or more
programs, services, functions, or activities (or portions thereof) identified
in a funding agreement, or unless otherwise agreed to by the parties, each
funding agreement shall remain in full force and effect until a subsequent
funding agreement is executed, and the terms of the subsequent funding
agreement shall be retroactive to the end of the term of the preceding funding
agreement.
`(f) EXISTING FUNDING AGREEMENTS- Each Indian tribe participating in the
Tribal Self-Governance Demonstration Project established under title III on
the date of the enactment of this title shall have the option at any time
thereafter to--
`(1) retain its Tribal Self-Governance Demonstration Project funding
agreement (in whole or in part) to the extent the provisions of such funding
agreement are not directly contrary to any express provision of this title;
or
`(2) adopt in lieu thereof (in whole or in part) a new funding agreement
in conformity with this title.
`(g) STABLE BASE FUNDING- At the option of an Indian tribe, a funding
agreement may provide for a stable base budget specifying the recurring funds
(including, for purposes of this provision, funds available under section
106(a) of the Act) to be transferred to such Indian tribe, for such period as
may be specified in the funding agreement, subject to annual adjustment only
to reflect changes in congressional appropriations by sub-sub activity
excluding earmarks.
`SEC. 506. GENERAL PROVISIONS.
`(a) APPLICABILITY- The provisions of this section shall apply to compacts
and funding agreements negotiated under this title and an Indian tribe may, at
its option, include provisions that reflect such requirements in a compact or
funding agreement.
`(b) CONFLICTS OF INTEREST- Indian tribes participating in self-governance
under this title shall ensure that internal measures are in place to address
conflicts of interest in the administration of self-governance programs,
services, functions, or activities (or portions thereof).
`(1) SINGLE AGENCY AUDIT ACT- The provisions of chapter 75 of title 31,
United States Code, requiring a single agency audit report shall apply to
funding agreements under this title.
`(2) COST PRINCIPLES- An Indian tribe shall apply cost principles under
the applicable Office of Management and Budget Circular, except as modified
by section 106 or other provisions of law, or by any exemptions to
applicable Office of Management and Budget Circulars subsequently granted by
Office of Management and Budget. No other audit or accounting standards
shall be required by the Secretary. Any claim by the Federal Government
against the Indian tribe relating to funds received under a funding
agreement based on any audit under this subsection shall be subject to the
provisions of section 106(f).
`(1) IN GENERAL- Unless an Indian tribe specifies otherwise in the
compact or funding agreement, records of the Indian tribe shall not be
considered Federal records for purposes of chapter 5 of title 5, United
States Code.
`(2) RECORDKEEPING SYSTEM- The Indian tribe shall maintain a
recordkeeping system, and, after 30 days advance notice, provide the
Secretary with reasonable access to such records to enable the Department of
Health and Human Services to meet its minimum legal recordkeeping system
requirements under sections 3101 through 3106 of title 44, United States
Code.
`(e) REDESIGN AND CONSOLIDATION- An Indian tribe may redesign or
consolidate programs, services, functions, and activities (or portions
thereof) included in a funding agreement under section 505 and reallocate or
redirect funds for such programs, services, functions, and activities (or
portions thereof) in any manner which the Indian tribe deems to be in the best
interest of the health and welfare of the Indian community being served, only if
the redesign or consolidation does not have the effect of denying eligibility
for services to population groups otherwise eligible to be served under Federal
law.
`(f) RETROCESSION- An Indian tribe may retrocede, fully or partially, to
the Secretary programs, services, functions, or activities (or portions
thereof) included in the compact or funding agreement. Unless the Indian tribe
rescinds the request for retrocession, such retrocession will become effective
within the time frame specified by the parties in the compact or funding
agreement. In the absence of such a specification, such retrocession shall
become effective on--
`(A) one year from the date of submission of such request; or
`(B) the date on which the funding agreement expires; or
`(2) such date as may be mutually agreed by the Secretary and the Indian
tribe.
`(1) PROCESS- An Indian tribe may fully or partially withdraw from a
participating inter-tribal consortium or tribal organization its share of
any program, function, service, or activity (or portions thereof) included
in a compact or funding agreement. Such withdrawal shall become effective
within the time frame specified in the resolution which authorizes transfer
to the participating tribal organization or inter-tribal consortium. In the
absence of a specific time frame set forth in the resolution, such
withdrawal shall become effective on--
`(i) one year from the date of submission of such request;
or
`(ii) the date on which the funding agreement expires;
or
`(B) such date as may be mutually agreed upon by the Secretary, the
withdrawing Indian tribe, and the participating tribal organization or
inter-tribal consortium that has signed the compact or funding agreement
on behalf of the withdrawing Indian tribe, inter-tribal consortium, or
tribal organization.
`(2) DISTRIBUTION OF FUNDS- When an Indian tribe or tribal organization
eligible to enter into a self-determination contract under title I or a
compact or funding agreement under this title fully or partially withdraws
from a participating inter-tribal consortium or tribal organization, the
withdrawing Indian tribe or tribal organization shall be entitled to its
tribal share of funds supporting those programs, services, functions, or
activities (or portions thereof) which it will be carrying out under its own
self-determination contract or compact and funding agreement (calculated on
the same basis as the funds were initially allocated in the funding
agreement of the inter-tribal consortium or tribal organization), and such
funds shall be transferred from the funding agreement of the inter-tribal
consortium or tribal organization, provided that the provisions of sections
102 and 105(i), as appropriate, shall apply to such withdrawing Indian
tribe.
`(3) REGAINING MATURE CONTRACT STATUS- If an Indian tribe elects to
operate all or some programs, services, functions, or activities (or
portions thereof) carried out under a compact or funding agreement under
this title through a self-determination contract under title I, at the
option of the Indian tribe, the resulting self-determination contract shall
be a mature self-determination contract.
`(h) NONDUPLICATION- For the period for which, and to the extent to which,
funding is provided under this title or under the compact or funding
agreement, the Indian tribe shall not be entitled to contract with the
Secretary for such funds under section 102, except that such Indian tribe
shall be eligible for new programs on the same basis as other Indian
tribes.
`SEC. 507. PROVISIONS RELATING TO THE SECRETARY.
`(a) MANDATORY PROVISIONS-
`(1) HEALTH STATUS REPORTS- Compacts or funding agreements negotiated
between the Secretary and an Indian tribe shall include a provision that
requires the Indian tribe to report on health status and service
delivery--
`(A) to the extent such data is not otherwise available to the
Secretary and specific funds for this purpose are provided by the
Secretary under the funding agreement; and
`(B) if such reporting shall impose minimal burdens on the
participating Indian tribe and such requirements are promulgated under
section 517.
`(2) REASSUMPTION--(A) Compacts and funding agreements negotiated
between the Secretary and an Indian tribe shall include a provision
authorizing the Secretary to reassume operation of a program, service,
function, or activity (or portions thereof) and associated funding if there
is a specific finding relative to that program, service, function, or
activity (or portion thereof) of--
`(i) imminent endangerment of the public health caused by an act or
omission of the Indian tribe, and the imminent endangerment arises out of
a failure to carry out the compact or funding agreement; or
`(ii) gross mismanagement with respect to funds transferred to a tribe
by a compact or funding agreement, as determined by the Secretary in
consultation with the Inspector General, as appropriate.
`(B) The Secretary shall not reassume operation of a program, service,
function, or activity (or portions thereof) unless (i) the Secretary has
first provided written notice and a hearing on the record to the Indian
tribe; and (ii) the Indian tribe has not taken corrective action to remedy
the imminent endangerment to public health or gross mismanagement.
`(C) Notwithstanding subparagraph (B), the Secretary may, upon written
notification to the tribe, immediately reassume operation of a program,
service, function, or activity (or portion thereof) and associated funding
if (i) the Secretary makes a finding of imminent substantial and irreparable
endangerment of the public health caused by an act or omission of the Indian
tribe; and (ii) the endangerment arises out of a failure to carry out the
compact or funding agreement. If the Secretary reassumes operation of a
program, service, function, or activity (or portion thereof) under this
subparagraph, the Secretary shall provide the tribe with a hearing on the
record not later than 10 days after such reassumption.
`(D) In any hearing or appeal involving a decision to reassume operation
of a program, service, function, or activity (or portion thereof), the
Secretary shall have the burden of proof of demonstrating by clear and
convincing evidence the validity of the grounds for the reassumption.
`(b) FINAL OFFER- In the event the Secretary and a participating 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. Not more than 45 days after such submission, or
within a longer time agreed upon by the Indian tribe, the Secretary shall
review and make a determination with respect to such offer. In the absence of
a timely rejection of the offer, in whole or in part, made in compliance with
subsection (c), the offer shall be deemed agreed to by the Secretary.
`(c) REJECTION OF FINAL OFFERS- If the Secretary rejects an offer made
under subsection (b) (or one or more provisions or funding levels in such
offer), the Secretary shall provide--
`(1) a timely written notification to the Indian tribe that contains a
specific finding that clearly demonstrates, or that is supported by a
controlling legal authority, that--
`(A) the amount of funds proposed in the final offer exceeds the
applicable funding level to which the Indian tribe is entitled under this
title;
`(B) the program, function, service, or activity (or portion thereof)
that is the subject of
the final offer is an inherent Federal function that cannot legally be
delegated to an Indian tribe;
`(C) the Indian tribe cannot carry out the program, function, service,
or activity (or portion thereof) in a manner that would not result in
significant danger or risk to the public health; or
`(D) the tribe is not eligible to participate in self-governance under
section 503;
`(2) technical assistance to overcome the objections stated in the
notification required by paragraph (1);
`(3) the Indian tribe with a hearing on the record with the right to
engage in full discovery relevant to any issue raised in the matter and the
opportunity for appeal on the objections raised, provided that the Indian
tribe may, in lieu of filing such appeal, directly proceed to initiate an
action in a Federal district court pursuant to section 110(a); and
`(4) the Indian tribe with the option of entering into the severable
portions of a final proposed compact or funding agreement, or provision
thereof, (including lesser funding amount, if any), that the Secretary did
not reject, subject to any additional alterations necessary to conform the
compact or funding agreement to the severed provisions. If an Indian tribe
exercises the option specified herein, it shall retain the right to appeal
the Secretary's rejection under this section, and paragraphs (1), (2), and
(3) shall only apply to that portion of the proposed final compact, funding
agreement or provision thereof that was rejected by the Secretary.
`(d) BURDEN OF PROOF- With respect to any hearing or appeal or civil
action conducted pursuant to this section, the Secretary shall have the burden
of demonstrating by clear and convincing evidence the validity of the grounds
for rejecting the offer (or a provision thereof) made under subsection (b).
`(e) GOOD FAITH- In the negotiation of compacts and funding agreements the
Secretary shall at all times negotiate in good faith to maximize
implementation of the self-governance policy. The Secretary shall carry out
this title in a manner that maximizes the policy of tribal self-governance,
consistent with section 3.
`(f) SAVINGS- To the extent that programs, functions, services, or
activities (or portions thereof) carried out by Indian tribes under this title
reduce the administrative or other responsibilities of the Secretary with
respect to the operation of Indian programs and result in savings that have
not otherwise been included in the amount of tribal shares and other funds
determined under section 508(c), the Secretary shall make such savings
available to the Indian tribes, inter-tribal consortia, or tribal
organizations for the provision of additional services to program
beneficiaries in a manner equitable to directly served, contracted, and
compacted programs.
`(g) TRUST RESPONSIBILITY- The Secretary is prohibited from waiving,
modifying, or diminishing in any way the trust responsibility of the United
States with respect to Indian tribes and individual Indians that exists under
treaties, Executive orders, other laws, or court decisions.
`(h) DECISIONMAKER- A decision that constitutes final agency action and
relates to an appeal within the Department of Health and Human Services
conducted under subsection (c) shall be made either--
`(1) by an official of the Department who holds a position at a higher
organizational level within the Department than the level of the
departmental agency in which the decision that is the subject of the appeal
was made; or
`(2) by an administrative judge.
`SEC. 508. TRANSFER OF FUNDS.
`(a) IN GENERAL- Pursuant to the terms of 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, pursuant to subsection
(c), and provide funding for periods covered by joint resolution adopted by
Congress making continuing appropriations, to the extent permitted by such
resolutions. In any instance where a funding agreement requires an annual
transfer of funding to be made at the beginning of a fiscal year, or requires
semiannual or other periodic transfers of funding to be made commencing at the
beginning of a fiscal year, the first such transfer shall be made not later
than 10 days after the apportionment of such funds by the Office of Management
and Budget to the Department, unless the funding agreement provides
otherwise.
`(b) MULTIYEAR FUNDING- The Secretary is hereby authorized to employ, upon
tribal request, multiyear funding agreements, and references in this title to
funding agreements shall include such multiyear agreements.
`(c) AMOUNT OF FUNDING- The Secretary shall provide funds under a funding
agreement under this title in an amount equal to the amount that the Indian
tribe would have been entitled to receive under self-determination contracts
under this Act, including amounts for direct program costs
specified under section 106(a)(1) and amounts for contract support costs
specified under sections 106(a)(2), (a)(3), (a)(5), and (a)(6), including any
funds that are specifically or functionally related to the provision by the
Secretary of services and benefits to the Indian tribe or its members, all
without regard to the organizational level within the Department where such
functions are carried out.
`(d) PROHIBITIONS- The Secretary is expressly prohibited from--
`(1) failing or refusing to transfer to an Indian tribe its full share
of any central, headquarters, regional, area, or service unit office or
other funds due under this Act, except as required by Federal law;
`(2) withholding portions of such funds for transfer over a period of
years; and
`(3) reducing the amount of funds required herein--
`(A) to make funding available for self-governance monitoring or
administration by the Secretary;
`(B) in subsequent years, except pursuant to--
`(i) a reduction in appropriations from the previous fiscal year for
the program or function to be included in a compact or funding
agreement;
`(ii) a congressional directive in legislation or accompanying
report;
`(iii) a tribal authorization;
`(iv) a change in the amount of pass-through funds subject to the
terms of the funding agreement; or
`(v) completion of a project, activity, or program for which such
funds were provided;
`(C) to pay for Federal functions, including Federal pay costs,
Federal employee retirement benefits, automated data processing, technical
assistance, and monitoring of activities under this Act; or
`(D) to pay for costs of Federal personnel displaced by
self-determination contracts under this Act or self-governance;
except that such funds may be increased by the Secretary if necessary to
carry out this Act or as provided in section 105(c)(2).
`(e) OTHER RESOURCES- In the event an Indian tribe elects to carry out a
compact or funding agreement with the use of Federal personnel, Federal
supplies (including supplies available from Federal warehouse facilities),
Federal supply sources (including lodging, airline transportation, and other
means of transportation including the use of interagency motor pool vehicles)
or other Federal resources (including supplies, services, and resources
available to the Secretary under any procurement contracts in which the
Department is eligible to participate), the Secretary is authorized to
transfer such personnel, supplies, or resources to the Indian tribe.
`(f) REIMBURSEMENT TO INDIAN HEALTH SERVICE- With respect to functions
transferred by the Indian Health Service to an Indian tribe, the Indian Health
Service is authorized to provide goods and services to the Indian tribe, on a
reimbursable basis, including payment in advance with subsequent adjustment,
and the reimbursements received therefrom, along with the funds received from
the Indian tribe pursuant to this title, may be credited to the same or
subsequent appropriation account which provided the funding, such amounts to
remain available until expended.
`(g) PROMPT PAYMENT ACT- Chapter 39 of title 31, United States Code, shall
apply to the transfer of funds due under a compact or funding agreement
authorized under this title.
`(h) INTEREST OR OTHER INCOME ON TRANSFERS- An Indian tribe is entitled to
retain interest earned on any funds paid under a compact or funding agreement
to carry out governmental or health purposes and such interest shall not
diminish the amount of funds the Indian tribe is authorized to receive under
its funding agreement in the year the interest is earned or in any subsequent
fiscal year. Funds transferred under this Act shall be managed using the
prudent investment standard.
`(i) CARRYOVER OF FUNDS- All funds paid to an Indian tribe in accordance
with a compact or funding agreement shall remain available until expended. In
the event that an Indian tribe elects to carry over funding from one year to
the next, such carryover shall not diminish the amount of funds the Indian
tribe is authorized to receive under its funding agreement in that or any
subsequent fiscal year.
`(j) PROGRAM INCOME- All medicare, medicaid, or other program income
earned by an Indian tribe shall be treated as supplemental funding to that
negotiated in the funding agreement and the Indian tribe may retain all such
income and expend such funds in the current year or in future years except to
the extent that the Indian Health Care Improvement Act (25 U.S.C. 1601 et
seq.) provides otherwise for medicare and medicaid receipts,
and such funds shall not result in any offset or reduction in the amount of
funds the Indian tribe is authorized to receive under its funding agreement in
the year the program income is received or for any subsequent fiscal year.
`(k) LIMITATION OF COSTS- An Indian tribe shall not be obligated to
continue performance that requires an expenditure of funds in excess of the
amount of funds transferred under a compact or funding agreement. If at any
time the Indian tribe has reason to believe that the total amount provided for
a specific activity in the compact or funding agreement is insufficient the
Indian tribe shall provide reasonable notice of such insufficiency to the
Secretary. If the Secretary does not increase the amount of funds transferred
under the funding agreement, the Indian tribe may suspend performance of the
activity until such time as additional funds are transferred.
`SEC. 509. CONSTRUCTION PROJECTS.
`(a) IN GENERAL- Indian tribes participating in tribal self-governance may
carry out construction projects under this title if they elect to assume all
Federal responsibilities under the National Environmental Policy Act of 1969,
the Historic Preservation Act, and related provisions of law that would apply
if the Secretary were to undertake a construction project, by adopting a
resolution (1) designating a certifying officer to represent the Indian tribe
and to assume the status of a responsible Federal official under such laws,
and (2) accepting the jurisdiction of the Federal court for the purpose of
enforcement of the responsibilities of the responsible Federal official under
such environmental laws.
`(b) NEGOTIATIONS- Construction project proposals shall be negotiated
pursuant to the statutory process in section 105(m) and resulting construction
project agreements shall be incorporated into funding agreements as
addenda.
`(c) CODES AND STANDARDS- The Indian tribe and the Secretary shall agree
upon and specify appropriate buildings codes and architectural/engineering
standards (including health and safety) which shall be in conformity with
nationally recognized standards for comparable projects.
`(d) RESPONSIBILITY FOR COMPLETION- The Indian tribe shall assume
responsibility for the successful completion of the construction project in
accordance with the negotiated construction project agreement.
`(e) FUNDING- Funding for construction projects carried out under this
title shall be included in funding agreements as annual advance payments, with
semiannual payments at the option of the Indian tribe. Annual advance and
semiannual payment amounts shall be determined based on mutually agreeable
project schedules reflecting work to be accomplished within the advance
payment period, work accomplished and funds expended in previous payment
periods, and the total prior payments. The Secretary shall include associated
project contingency funds with each advance payment installment. The Indian
tribe shall be responsible for the management of the contingency funds
included in funding agreements.
`(f) APPROVAL- The Secretary shall have at least one opportunity to
approve project planning and design documents prepared by the Indian tribe in
advance of construction of the facilities specified in the scope of work for
each negotiated construction project agreement or amendment thereof which
results in a significant change in the original scope of work. The Indian
tribe shall provide the Secretary with project progress and financial reports
not less than semiannually. The Secretary may conduct on-site project
oversight visits semiannually or on an alternate schedule agreed to by the
Secretary and the Indian tribe.
`(g) WAGES- All laborers and mechanics employed by contractors and
subcontractors in the construction, alteration, or repair, including painting
or decorating of building or other facilities in connection with construction
projects undertaken by self-governance Indian tribes under this Act, shall be
paid wages at not less than those prevailing wages on similar construction in
the locality as determined by the Secretary of Labor in accordance with the
Davis-Bacon Act of March 3, 1931 (46 Stat. 1494). With respect to
construction, alteration, or repair work to which the Act of March 3, 1921, is
applicable under the terms of this section, the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan Numbered 14, of
1950, and section 2 of the Act of June 13, 1934 (48 Stat. 948).
`(h) APPLICATION OF OTHER LAWS- Unless otherwise agreed to by the Indian
tribe, no provision of the Office of Federal Procurement Policy Act, the
Federal Acquisition Regulations issued pursuant thereto, or any other law or
regulation pertaining to Federal procurement (including Executive orders)
shall apply to any construction project conducted under this title.
`SEC. 510. FEDERAL PROCUREMENT LAWS AND REGULATIONS.
`Notwithstanding any other provision of law, unless expressly agreed to by
the participating Indian tribe, the compacts and funding agreements entered
into under this title shall not be subject to Federal contracting or
cooperative agreement laws and regulations (including Executive orders and the
regulations relating to procurement issued by the Secretary), except to the
extent that such laws expressly apply to Indian tribes.
`SEC. 511. CIVIL ACTIONS.
`(a) CONTRACT DEFINED- For the purposes of section 110, the term
`contract' shall include compacts and funding agreements entered into under
this title.
`(b) APPLICABILITY OF CERTAIN LAWS- Section 2103 of the Revised Statutes
of the United States Code (25 U.S.C. 81) and section 16 of the Act of June 18,
1934 (25 U.S.C. 476), shall not apply to attorney and other professional
contracts entered into by Indian tribes participating in self-governance under
this title.
`(c) REFERENCES- All references in the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) to section 1 of the Act of
June 26, 1936 (25 U.S.C. 81) are hereby deemed to include section 1 of the Act
of July 3, 1952 (25 U.S.C. 82a).
`SEC. 512. FACILITATION.
`(a) SECRETARIAL INTERPRETATION- Except as otherwise provided by law, the
Secretary shall interpret all Federal laws, Executive orders and regulations
in a manner that will facilitate--
`(1) the inclusion of programs, services, functions, and activities (or
portions thereof) and funds associated therewith, in the agreements entered
into under this section;
`(2) the implementation of compacts and funding agreements entered into
under this title; and
`(3) the achievement of tribal health goals and objectives.
`(1) An Indian tribe may submit a written request to waive application
of a regulation promulgated under this Act for a compact or funding
agreement entered into with the Indian Health Service under this title, to
the Secretary identifying the applicable Federal regulation under this Act
sought to be waived and the basis for the request.
`(2) Not later than 90 days after receipt by the Secretary of a written
request by an Indian tribe to waive application of a regulation under this
Act for a compact or funding agreement entered into under this title, the
Secretary shall either approve or deny the requested waiver in writing. A
denial may be made only upon a specific finding by the Secretary that
identified language in the regulation may not be waived because such waiver
is prohibited by Federal law. A failure to approve or deny a waiver request
not later than 90 days after receipt shall be deemed an approval of such
request. The Secretary's decision shall be final for the Department.
`(c) ACCESS TO FEDERAL PROPERTY- In connection with any compact or funding
agreement executed pursuant to this title or an agreement negotiated under the
Tribal Self-Governance Demonstration Project established under title III, as
in effect before the enactment of the Tribal Self-Governance Amendments of
1999, upon the request of an Indian tribe, the Secretary--
`(1) shall permit an Indian tribe to use existing school buildings,
hospitals, and other facilities and all equipment therein or appertaining
thereto and other personal property owned by the Government within the
Secretary's jurisdiction under such terms and conditions as may be agreed
upon by the Secretary and the tribe for their use and maintenance;
`(2) may donate to an Indian tribe title to any personal or real
property found to be excess to the needs of any agency of the Department, or
the General Services Administration, except that--
`(A) subject to the provisions of subparagraph (B), title to property
and equipment furnished by the Federal Government for use in the
performance of the compact or funding agreement or purchased with funds
under any compact or funding agreement shall, unless otherwise requested
by the Indian tribe, vest in the appropriate Indian tribe;
`(B) if property described in subparagraph (A) has a value in excess
of $5,000 at the time of retrocession, withdrawal, or reassumption, at the
option of the Secretary upon the retrocession, withdrawal, or
reassumption, title to such property and equipment shall revert to the
Department of Health and Human Services; and
`(C) all property referred to in subparagraph (A) shall remain
eligible for replacement, maintenance, and improvement on the same basis
as if title to such property were vested in the United States;
and
`(3) shall acquire excess or surplus Government personal or real
property for donation to an Indian tribe if the Secretary determines the
property is appropriate for use by the Indian tribe for any purpose for
which a compact or funding agreement is authorized under this title.
`(d) MATCHING OR COST-PARTICIPATION REQUIREMENT- All funds provided under
compacts, funding agreements, or grants made pursuant to this Act, shall be
treated as non-Federal funds for purposes of
meeting matching or cost participation requirements under any other Federal
or non-Federal program.
`(e) STATE FACILITATION- States are hereby authorized and encouraged to
enact legislation, and to enter into agreements with Indian tribes to
facilitate and supplement the initiatives, programs, and policies authorized
by this title and other Federal laws benefiting Indians and Indian tribes.
`(f) RULES OF CONSTRUCTION- Each provision of this title and each
provision of a compact or funding agreement shall be liberally construed for
the benefit of the Indian tribe participating in self-governance and any
ambiguity shall be resolved in favor of the Indian tribe.
`SEC. 513. BUDGET REQUEST.
`(a) IN GENERAL- The President shall identify in the annual budget request
submitted to the Congress under section 1105 of title 31, United States Code,
all funds necessary to fully fund all funding agreements authorized under this
title, including funds specifically identified to fund tribal base budgets.
All funds so appropriated shall be apportioned to the Indian Health Service.
Such funds shall be provided to the Office of Tribal Self-Governance which
shall be responsible for distribution of all funds provided under section 505.
Nothing in this provision shall be construed to authorize the Indian Health
Service to reduce the amount of funds that a self-governance tribe is
otherwise entitled to receive under its funding agreement or other applicable
law, whether or not such funds are made available to the Office of Tribal
Self-Governance under this section.
`(b) PRESENT FUNDING; SHORTFALLS- In such budget request, the President
shall identify the level of need presently funded and any shortfall in funding
(including direct program and contract support costs) for each Indian tribe,
either directly by the Secretary, under self-determination contracts, or under
compacts and funding agreements authorized under this title.
`SEC. 514. REPORTS.
`(a) ANNUAL REPORT- Not later than January 1 of each year after the date
of the enactment of this title, the Secretary shall submit to the Committee on
Resources of the House of Representatives and the Committee on Indian Affairs
of the Senate a written report regarding the administration of this title.
Such report shall include a detailed analysis of the level of need being
presently funded or unfunded for each Indian tribe, either directly by the
Secretary, under self-determination contracts under title I, or under compacts
and funding agreements authorized under this Act. In compiling reports
pursuant to this section, the Secretary may not impose any reporting
requirements on participating Indian tribes or tribal organizations, not
otherwise provided in this Act.
`(b) CONTENTS- The report shall be compiled from information contained in
funding agreements, annual audit reports, and Secretarial data regarding the
disposition of Federal funds and shall--
`(1) identify the relative costs and benefits of self-governance;
`(2) identify, with particularity, all funds that are specifically or
functionally related to the provision by the Secretary of services and
benefits to self-governance Indian tribes and their members;
`(3) identify the funds transferred to each self-governance Indian tribe
and the corresponding reduction in the Federal bureaucracy;
`(4) identify the funding formula for individual tribal shares of all
headquarters funds, together with the comments of affected Indian tribes or
tribal organizations, developed under subsection (c);
`(5) identify amounts expended in the preceding fiscal year to carry out
inherent Federal functions, including an identification of those functions
by type and location;
`(6) contain a description of the method or methods (or any revisions
thereof) used to determine the individual tribal share of funds controlled
by all components of the Indian Health Service (including funds assessed by
any other Federal agency) for inclusion in self-governance compacts or
funding agreements;
`(7) prior to being submitted to Congress, be distributed to the Indian
tribes for comment, such comment period to be for no less than 30 days;
and
`(8) include the separate views and comments of the Indian tribes or
tribal organizations.
`(c) REPORT ON FUND DISTRIBUTION METHOD- Not later than 180 days after the
date of the enactment of this title, the Secretary shall, after consultation
with Indian tribes, submit a written report to the Committee on Resources of
the House of Representatives and the Committee on Indian Affairs of the Senate
which describes the method or methods used to determine the individual tribal
share of funds controlled by all components of the Indian Health Service
(including funds assessed by any other Federal agency) for inclusion in
self-governance compacts or funding agreements.
`SEC. 515. DISCLAIMERS.
`(a) NO FUNDING REDUCTION- Nothing in this title shall be construed to
limit or reduce in any way the funding for any program, project, or activity
serving an
Indian tribe under this or other applicable Federal law. Any Indian tribe
that alleges that a compact or funding agreement is in violation of this section
may apply the provisions of section 110.
`(b) FEDERAL TRUST AND TREATY RESPONSIBILITIES- Nothing in this Act shall
be construed to diminish in any way the trust responsibility of the United
States to Indian tribes and individual Indians that exists under treaties,
Executive orders, or other laws and court decisions.
`(c) TRIBAL EMPLOYMENT- For purposes of section 2(2) of the Act of July 5,
1935 (49 Stat. 450, chapter 372) (commonly known as the National Labor
Relations Act), an Indian tribe carrying out a self-determination contract,
compact, annual funding agreement, grant, or cooperative agreement under this
Act shall not be considered an employer.
`(d) OBLIGATIONS OF THE UNITED STATES- The Indian Health Service under
this Act shall neither bill nor charge those Indians who may have the economic
means to pay for services, nor require any Indian tribe to do so.
`SEC. 516. APPLICATION OF OTHER SECTIONS OF THE ACT.
`(a) MANDATORY APPLICATION- All provisions of sections 5(b), 6, 7, 102(c)
and (d), 104, 105(k) and (l), 106(a) through (k), and 111 of this Act and
section 314 of Public Law 101-512 (coverage under the Federal Tort Claims
Act), to the extent not in conflict with this title, shall apply to compacts
and funding agreements authorized by this title.
`(b) DISCRETIONARY APPLICATION- At the request of a participating Indian
tribe, any other provision of title I, to the extent such provision is not in
conflict with this title, shall be made a part of a funding agreement or
compact entered into under this title. The Secretary is obligated to include
such provision at the option of the participating Indian tribe or tribes. If
such provision is incorporated it shall have the same force and effect as if
it were set out in full in this title. In the event an Indian tribe requests
such incorporation at the negotiation stage of a compact or funding agreement,
such incorporation shall be deemed effective immediately and shall control the
negotiation and resulting compact and funding agreement.
`SEC. 517. REGULATIONS.
`(1) Not later than 90 days after the date of the enactment of this
title, the Secretary shall initiate procedures under subchapter III of
chapter 5 of title 5, United States Code, to negotiate and promulgate such
regulations as are necessary to carry out this title.
`(2) Proposed regulations to implement this title shall be published in
the Federal Register by the Secretary no later than 1 year after the date of
the enactment of this title.
`(3) The authority to promulgate regulations under this title shall
expire 21 months after the date of the enactment of this title.
`(b) COMMITTEE- A negotiated rulemaking committee established pursuant to
section 565 of title 5, United States Code, to carry out this section shall
have as its members only Federal and tribal government representatives, a
majority of whom shall be nominated by and be representatives of Indian tribes
with funding agreements under this Act, and the Committee shall confer with,
and accommodate participation by, representatives of Indian tribes,
inter-tribal consortia, tribal organizations, and individual tribal
members.
`(c) ADAPTATION OF PROCEDURES- The Secretary shall adapt the negotiated
rulemaking procedures to the unique context of self-governance and the
government-to-government relationship between the United States and Indian
tribes.
`(d) EFFECT- The lack of promulgated regulations shall not limit the
effect of this title.
`(e) EFFECT OF CIRCULARS, POLICIES, MANUALS, GUIDANCES, AND RULES- Unless
expressly agreed to by the participating Indian tribe in the compact or
funding agreement, the participating Indian tribe shall not be subject to any
agency circular, policy, manual, guidance, or rule adopted by the Indian
Health Service, except for the eligibility provisions of section 105(g).
`SEC. 518. APPEALS.
`In any appeal (including civil actions) involving decisions made by the
Secretary under this title, the Secretary shall have the burden of proof of
demonstrating by clear and convincing evidence--
`(1) the validity of the grounds for the decision made; and
`(2) the decision is fully consistent with provisions and policies of
this title.
`SEC. 519. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated such sums as may be necessary to
carry out this title.
`TITLE VI--TRIBAL SELF-GOVERNANCE--DEPARTMENT OF HEALTH AND HUMAN
SERVICES
`SEC. 601. DEMONSTRATION PROJECT FEASIBILITY.
`(a) STUDY- The Secretary shall conduct a study to determine the
feasibility a Tribal Self-Governance Demonstration Project for appropriate
programs, services, functions, and activities (or portions thereof) of the
agency.
`(b) CONSIDERATIONS- When 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 602.
`(c) REPORT- Not later than 18 months after the enactment of this title,
the Secretary shall submit a report to the Committee on Resources of the House
of Representatives and the Committee on Indian Affairs of the Senate. The
report shall contain--
`(1) the results of the study;
`(2) a list of programs, services, functions, and activities (or
portions thereof) within the agency 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)
which 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 602 related to the information provided pursuant to paragraph (1)
through (4).
`SEC. 602. CONSULTATION.
`(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. 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 this section; and
`(C) the consultation process allow for separate and direct
recommendations from the Indian tribes and other entities described in
subsection (b).
`(2) OPPORTUNITY FOR PUBLIC COMMENT- In determining the protocol
described in paragraph (1), the Secretary shall publish the proposed
protocol and allow a period of not less than 30 days for comment by entities
described in subsection (b) and other interested individuals, and shall take
comments received into account in determining the final protocol.
`(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. DEFINITIONS.
`(a) IN GENERAL- For purposes of this title, the Secretary may use
definitions provided in title V.
`(b) AGENCY- For purposes of this title, the term `agency' shall mean any
agency or other organizational unit of the Department of Health and Human
Services, other than the Indian Health Service.
`SEC. 604. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated for fiscal years 2000 and 2001
such sums as may be necessary to carry out this title. Such sums shall remain
available until expended.'.
SEC. 5. AMENDMENTS CLARIFYING CIVIL PROCEEDINGS.
(a) BURDEN OF PROOF IN DISTRICT COURT ACTIONS- Section 102(e)(1) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450f(e)(1))
is amended by inserting after `subsection (b)(3)' the following: `or any civil
action conducted pursuant to section 110(a)'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to any
proceedings commenced after October 25, 1994.
SEC. 6. SPEEDY ACQUISITION OF GOODS, SERVICES, OR SUPPLIES.
Section 105(k) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450j(k)) is amended--
(1) by striking `carrying out a contract' and all that follows through
`shall be eligible' and inserting the following: `or Indian tribe shall be
deemed an executive agency and a part of the Indian Health Service, and the
employees of the tribal organization or the Indian tribe, as the case may
be, shall be eligible'; and
(2) by adding at the end thereof the following: `At the request of an
Indian tribe, the Secretary shall enter into an agreement for the
acquisition, on behalf of the Indian tribe, of any goods, services, or
supplies available to the Secretary from the General Services Administration
or other Federal agencies that are not directly available to the Indian
tribe under this section or any other Federal law, including acquisitions
from prime vendors. All such acquisitions shall be undertaken through the
most efficient and speedy means practicable, including electronic ordering
arrangements.
SEC. 7. PATIENT RECORDS.
Section 105 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450j) is amended by adding at the end the following new
subsection:
`(o) At the option of a tribe or tribal organization, patient records may
be deemed to be Federal records under the Federal Records Act of 1950 for the
limited purposes of making such records eligible for storage by Federal
Records Centers to the same extent and in the same manner as other Department
of Health and Human Services patient records. Patient records that are deemed
to be Federal records under the Federal Records Act of 1950 pursuant to this
subsection shall not be considered Federal records for the purposes of chapter
5 of title 5, United States Code.'.
SEC. 8. REPEAL.
Title III of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450f note) is hereby repealed.
SEC. 9. SAVINGS PROVISION.
Funds appropriated for title III of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450f note) shall be available for use
under title V of such Act.
SEC. 10. EFFECTIVE DATE.
Except as otherwise provided, the provisions of this Act shall take effect
on the date of the enactment of this Act.
Passed the House of Representatives November 17, 1999.
Attest:
Clerk.
END