[Congressional Record Volume 145, Number 65 (Thursday, May 6, 1999)]
[Senate]
[Pages S4897-S4898]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL for himself and Mr. McCain):
  S. 979. A bill to amend the Indian Self-Determination and Education 
Assistance Act to provide for further self-governance by Indian tribes, 
and for other purposes; to the Committee on Indian Affairs.


               tribal self-governance amendments of 1999

 Mr. CAMPBELL. Mr. President, today I introduce amendments to 
the Indian Self-Determination and Education Assistance Act of 1975 
(``ISDEA'') to provide for greater tribal self-governance for the 
programs and services of the Department of Health and Human Services 
(``HHS'').
  Over the years the poor circumstances and conditions of Native 
Americans have been compounded by vacillating federal policies and 
federal domination of matters affecting Indian people.
  This situation began to change in 1970, when President Nixon 
delivered his now-famous ``Message to Congress on Indian Affairs'', 
which laid the foundation for a more enlightened federal Indian policy. 
This new policy allowed tribes to forge their own destiny and 
challenged the federal government to find new, innovative ways to 
administer Indian programs.
  Because of the tangible benefits it has brought, this shift away from 
federal domination and toward Indian self-determination has been 
supported by every Administration since 1970.
  Indian self-determination fosters strong tribal governments and 
reservation economies. This policy has encouraged tribes to assume more 
responsibility for their own affairs, caused a reduction in the federal 
bureaucracy and, most importantly, improved the quality of services to 
tribal members.
  The most definitive expression of the policy change brought about by 
President Nixon was the ISDEA which authorized tribes to negotiate and 
enter into agreements with the U.S. to assume control over and operate 
federal programs which had been previously administered by federal 
employees.
  In the years after enactment of the ISDEA, Congress expanded on the 
framework by enacting tribal ``self-governance'' laws which created a 
demonstration project that authorized tribes to enter into ``compacts'' 
with the U.S., so that they may administer an array of services.
  The principles of the ISDEA are similar to those of block granting to 
the states. Instead of the federal government micro-managing Indian 
tribes, the federal government is contracting with tribes to perform 
those functions. Like states, tribes know best which governmental 
programs best serve their communities and how programs should be 
delivered. In short, the concept of local administration of federal 
dollars works.
  By continuing to build tribal capacity and expertise in the 
administration of programs and services previously administered by 
employees of the Department of the Interior and the HHS, the Act has 
forged stronger tribal governments and economies and led to a smaller 
federal presence in Indian affairs.
  The current self governance ``demonstration project'' in health care 
involves approximately 50 tribes. The legislation I introduce today 
builds on these successes, makes the self governance program permanent 
and expands an array of eligible functions available for tribal self 
governance to include the many programs, services and activities of the 
HHS, such as clinical services, public health nursing, mental health, 
substance abuse, community health representatives, and dental health.
  The bill ensures continued participation by the tribes now 
participating in the self governance project, and provides for 
participation by an additional 50 tribes or tribal organizations 
annually.
  This is far from a ``no-strings attached'' approach to federal 
programs. To participate, tribes must successfully complete legal and 
accounting requirements, as well as demonstrate financial stability and 
financial management capability.
  This legislation also addresses the issue of which functions may be 
performed by tribes and which may not. This bill differentiates between 
those services and activities that are federal, and therefore 
ineligible for tribal performance through a self-governance compact, 
and those that are not inherently federal, and therefore eligible for 
tribal performance through a self-governance compact.
  To track the progress made in raising the health status of Indians, 
the bill requires participating tribes to report health-related data to 
the Secretary so that an accurate picture of Indian health can be 
drawn.

[[Page S4898]]

  I am mindful that there are issues we need to explore further, such 
as contract support cost funding, and I fully anticipate that 
interested parties will have full and fair opportunity to raise their 
concerns during the legislative process.
  I am hopeful that after working with the tribes, the Administration 
and other interested parties, and after careful consideration by the 
Committee on Indian Affairs, we will be able to enact this important 
legislation to raise the health status of Native Americans and continue 
the unparalleled success of the Indian self-determination 
policies.
                                 ______