[Congressional Record Volume 144, Number 137 (Monday, October 5, 1998)]
[House]
[Pages H9465-H9471]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRIBAL SELF-GOVERNANCE AMENDMENTS OF 1998
Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 1833) to amend the Indian Self-Determination and
Education Assistance Act to provide for further self-governance by
Indian tribes, and for other purposes, as amended.
The Clerk read as follows:
H.R. 1833
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 1998''.
SEC. 2. FINDINGS.
Congress finds that--
(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;
``(F) provides a budget;
``(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 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.
[[Page H9466]]
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 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.); or
``(5) the Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986 (25 U.S.C. 2401 et seq.).
``(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 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).
``(c) Audits.--
``(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).
``(d) Records.--
``(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--
``(1) the earlier of--
``(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.
``(g) Withdrawal.--
``(1) Process.--An Indian tribe may fully or partially
withdraw from a participating
[[Page H9467]]
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--
``(A) the earlier of--
``(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
[[Page H9468]]
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
[[Page H9469]]
title shall not be subject to Federal contracting or
cooperative agreement laws and regulations (including
Executive orders and the Secretary's regulations), 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.
``(b) Regulation Waiver.--
``(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 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 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 1998, 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 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
[[Page H9470]]
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.
``(a) In General.--
``(1) Not later than 90 days after the date of 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 enactment of this title.
``(3) The authority to promulgate regulations under this
title shall expire 21 months after the date of 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 and 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.
``(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. 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
1999 and 2000 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 ``deemed an executive agency'' and
inserting ``deemed an executive agency and part of the Indian
Health Service''; 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 an Indian tribe or tribal
organization, Indian 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.''.
SEC. 8. REPEAL.
Title III of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450f note) is hereby repealed.
[[Page H9471]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Alaska (Mr. Young) and the gentleman from American Samoa (Mr.
Faleomavaega) each will control 20 minutes.
The Chair recognizes the gentleman from Alaska (Mr. Young).
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 1833, the proposed Tribal Self-Governance
Amendments Act of 1998, would make permanent the Indian Health Service
Self-Governance demonstration program.
Thereby, Indian and Alaska Native tribes would be able to contract
for the operation, control, and redesign of various IHS activities on a
permanent basis.
Pursuant to H.R. 1833, tribes which have already contracted for IHS
activities would continue under the provisions of their demonstration
compacts, while an additional 50 tribes would be selected each year to
enter into compacts.
H.R. 1833 also allows for the tribal contracting of programs outside
the IHS, but within the Department of Health and Human Services on a
demonstration-project basis.
Mr. Speaker, H.R. 1833 is a major piece of Native American
legislation which we have been working on for months and months. This
bill lays out 55 pages of findings, Secretarial obligations,
Secretarial prohibitions, rulemaking requirements, reporting
requirements, and tribal obligations.
The gentleman from California (Mr. Miller), and his staff, and the
gentleman from Michigan (Mr. Kildee), and his staff, along with my
staff, have worked extensively on this legislation. I commend them and
their staffs for their perseverance through the scores of meetings
which were needed to craft this bill.
This is a landmark piece of legislation in the field of self-
governance. Mr. Speaker, I am honored to have had a part in its
movement through Congress. I support H.R. 1833 and ask my colleagues to
vote for this legislation and urge the passage by my colleagues.
Mr. Speaker, I reserve the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I again commend the gentleman from Alaska (Chairman
Young) for his management of this important legislation.
Mr. Speaker, I fully support this bill, the Tribal Self-Governance
Amendments of 1998, which I believe will mark yet another milestone in
the history of Indian self-determination.
This major legislation is the product of more than 2 years of hard
work and consultation with Indian tribes and the administration. We
have worked diligently with the tribes and the Department of Health and
Human Services to make this bill as fair as possible.
I would like to extend my appreciation to the tribal leaders, their
representatives, and the Department staff who have made passage of this
bill possible.
Mr. Speaker, it is important to note that subsequent to the full
committee markup that occurred in the spring, the tribes and the
Department were able to work out additional differences. Thus, there
have been several changes that I want to highlight.
We were able to come to agreement on issues regarding reassumption,
regulation waiver, trial de novo, rejection of final order, and the
creation of a new title VI to carry out the non-Indian Health Service
demonstration project study.
Mr. Speaker, let me briefly explain what this bill does. The bill,
the Tribal Self-Governance Amendments Act of 1998, would create two new
titles in the 1975 Indian Self-Determination and Education Assistance
Act. The 1975 act allows Indian tribes to contract for or take over the
administration and operation of certain Federal programs which provide
service to Indian tribes.
Subsequent amendments to the 1975 Act created title III of the act,
which provided for a self-governance demonstration project that allows
for large-scale tribal self-governance compacts and funding agreements
on a demonstration basis.
Mr. Speaker, this bill is important especially for the Indian
communities, but more importantly, the responsibility the Congress
should take to provide for the needs of the Indian nations.
I also want to, again, commend my good friend, the gentleman from
Alaska (Mr. Young) for his work on solving the problem that we have had
over the years in giving proper recognition to Indian tribes. I want to
make a note of this to my colleagues. There is nowhere in the current
bill that provides better streamlining of the Indian community if they
were to apply to the Federal Government that gaming of any form is ever
at all involved. I want to reassure my colleagues that that is the
basis of that bill that has taken this Member over 6 years to help
develop with the administration, with the staffs, with the majority
party Members as well as the members of the committee on this side of
the aisle.
So, again, I plead with my colleagues, that bill to better streamline
the recognition of Indian tribes, given the fact that California was
not even a member of this Nation until 72 years. Seventy-two years when
America was founded, and California was not even a State.
And where is fairness, Mr. Speaker, if I were to elaborate a little
further on this issue? But the fact that this bill should be approved,
again I want to commend the gentleman from Alaska. Give tribute and
credence to the fact that the recognition process has failed miserably,
and we should vote in support of H.R. 1154.
Mr. Speaker, I yield back the balance of my time.
Mr. YOUNG of Alaska. Mr. Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Alaska (Mr. Young) that the House suspend the rules and
pass the bill, H.R. 1833, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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