[Congressional Record Volume 146, Number 97 (Monday, July 24, 2000)]
[House]
[Pages H6753-H6754]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               TRIBAL SELF-GOVERNANCE AMENDMENTS OF 2000

  Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 562) providing for the concurrence by the 
House, with amendments, in the Senate amendment to H.R. 1167.
  The Clerk read as follows:

                              H. Res. 562

       Resolved, That upon the adoption of this resolution the 
     House shall be considered to have taken from the Speaker's 
     table the bill (H.R. 1167) to amend the Indian Self-
     Determination and Education Assistance Act to provide for 
     further self-governance by Indian tribes, and for other 
     purposes, and the Senate amendment thereto, and to have 
     concurred in the Senate amendment with the following 
     amendments:
       (1) Page 14, line 12, strike ``(or of such other agency)''.
       (2) Page 15, line 1, insert ``so'' after ``functions''.
       (3) Page 19, line 4, insert ``other provisions of law,'' 
     after ``section 106''.
       (4) Page 20, line 6, strike ``305'' and insert ``505''.
       (5) Page 31, line 23, strike ``may'' and insert ``is 
     authorized to''.
       (6) Page 39, strike lines 7 through 14, and insert the 
     following:
       ``(g) Wages.--All laborers and mechanics employed by 
     contractors and subcontractors (excluding tribes and tribal 
     organizations) in the construction, alteration, or repair, 
     including painting or decorating of a building or other 
     facilities in connection with construction projects funded by 
     the United States 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, 1931, is applicable 
     under this section, the Secretary of Labor shall have the 
     authority and functions set forth in the Reorganization Plan 
     numbered 14, of 1950, and section 2 of the Act of June 13, 
     1934 (48 Stat. 948).
       (7) Page 39, strike line 24 and all that follows through 
     page 40, line 6, and insert the following:
       ``Regarding construction programs or projects, the 
     Secretary and Indian tribes may negotiate for the inclusion 
     of specific provisions of the Office of Federal Procurement 
     and Policy Act (41 U.S.C. 401 et seq.) and Federal 
     acquisition regulations in any funding agreement entered into 
     under this part. Absent a negotiated agreement, such 
     provisions and regulatory requirements shall not apply.
       (8) Page 41, line 1, insert a comma after ``Executive 
     orders''.
       (9) Page 49, strike lines 4 through 10.
       (10) Page 56, beginning on line 21, strike ``for fiscal 
     years 2000 and 2001''.
       (11) Page 60, line 6, strike ``(a) In General.--''.
       (12) Page 60, strike lines 9 and 10.
       (13) Page 60, strike line 16 and all that follows through 
     page 65, line 16.
       (14) Page 65, line 17, strike ``SEC. 13.'' and insert 
     ``SEC. 12.''.
       (15) Page 66, after line 7, insert the following:

     SEC. 13. 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 
Nevada (Mr. Gibbons) and the gentleman from California (Mr. George 
Miller) each will control 20 minutes.
  The Chair recognizes the gentleman from Nevada (Mr. Gibbons).


                             General Leave

  Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks, and to include extraneous materials, on H. Res. 562.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nevada?
  There was no objection.
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of this legislation that we have 
been working on for 4 years. H.R. 1167, the proposed Tribal Self-
Governance Amendments of 2000, creates a new title in the 1975 Indian 
Self-Determination Act, a statute which allows Indian tribes to 
contract for or take over the administration and operation of certain 
Federal programs which provide services to Indian tribes.
  Subsequent amendments created title III in the 1975 act to provide 
for a self-governance demonstration project within the Indian Health 
Service which allows for large scale tribal self-governance compliance 
and funding agreements on a demonstration basis.
  H.R. 1167 makes this demonstration contracting program permanent for 
certain programs contracted within the IHS if this legislation is 
enacted into law.
  Indian and Alaskan native tribes will be able to contract for the 
operation,

[[Page H6754]]

control and redesign of various IHS activities on a permanent basis. In 
short, what was a demonstration project would become a permanent IHS 
self-governance program. Tribes which have already contracted for IHS 
services under existing law will continue under the provisions of their 
contracts while an additional 50 new tribes would be selected each year 
to enter into contracts.
  H.R. 1167 also allows for a feasibility study regarding the execution 
of tribal self-governance compacts and funding agreements of Indian-
related programs outside the IHS but within the Department of Health 
and Human Services on a demonstration project basis.
  H.R. 1167 is an important piece of legislation which is a result of 
extensive negotiations between the Committee on Resources, the 
Committee on Indian Affairs in the other body, the Indian Health 
Service, the Department of Justice, the Department of Labor, and a 
special task force representing the many Indian tribes around the 
Nation.
  After negotiations and some minor changes, we have all reached 
agreement. It is my understanding that H. Res. 562, as it is now being 
considered by us today, incorporates H.R. 1167 as it has been agreed to 
by everybody working on the bill, including administration officials 
and tribal representatives.
  I support this legislation as we have amended it and urge my 
colleagues to pass it today and send it back to the other body so that 
the other body will again have the opportunity to pass it in its final 
form and send it to the President.
  Mr. Speaker, I submit the following exchange of letters for inclusion 
in the Record.

                                         House of Representatives,


                                       Committee on Resources,

                                     Washington, DC, June 5, 2000.
     Hon. Tom Bliley
     Chairman, Committee on Commerce, Washington, DC.
       Dear Mr. Chairman: On November 17, 1999, the House of 
     Representatives passed H.R. 1167, a bill to amend the Indian 
     Self-Determination and Education Assistance Act to provide 
     for further self-governance by Indian tribes. This 
     noncontroversial bill had been referred solely to the 
     Committee on Resources. On April 4, 2000, the Senate amended 
     the bill and returned it to the House. Section 12 of the 
     Senate amendments establishes the office of the Assistant 
     Secretary for Indian Health in the Department of Health and 
     Human Services. I believe this provision affects the 
     jurisdiction of the Committee on Commerce, as demonstrated by 
     the referral of H.R. 403, which accomplishes the same end, to 
     the Committee on Resources and additionally to the Committee 
     on Commerce.
       I propose to concur in the Senate amendments to H.R. 1167 
     with an amendment which would strip out Section 12. I ask 
     your cooperation in allowing this to occur when we return 
     after the Memorial Day district work period. My understanding 
     is that the Senate would then take up the amended version of 
     H.R. 1167 and send it to the President for signature.
       Of course, by allowing this to occur, the Committee on 
     Commerce does not waive its jurisdiction over Section 12 or 
     any other similar matter. If the Senate insists on its 
     amendments and requests a conference, I would support the 
     Committee on Commerce's request to be named to the 
     conference. Finally, this action should not be seen as 
     precedent for any other Senate amendments to Committee on 
     Resources bills which affect the Committee on Commerce's 
     jurisdiction. I would be pleased to place this letter and 
     your response in the Congressional Record during 
     consideration of the bill on the Floor to document this 
     agreement.
       I appreciate your cooperation in moving this bill, which is 
     very important to the Native American community.
           Sincerely,
                                                        Don Young,
     Chairman.
                                  ____

                                    U.S. House of Representatives,


                                        Committee on Commerce,

                                     Washington, DC, June 6, 2000.
     Hon. Don Young,
     Chairman, Committee on Resources, Washington, DC.
       Dear Don: Thank you for your recent letter regarding H.R. 
     1167, a bill to amend the Indian Self-Determination and 
     Education Assistance Act to provide for further self-
     governance by Indian tribes. As you know, Rule X of the Rules 
     of the House of Representatives grants the Committee on 
     Commerce jurisdiction over public health and quarantine. 
     Accordingly, you are correct in your conclusion that section 
     12 of H.R. 1167, as amended by the Senate, falls within the 
     jurisdiction of the Committee on Commerce.
       Because of the importance of this legislation and your 
     commitment to strike those matters within the jurisdiction of 
     the Committee on Commerce when the bill comes to the floor, I 
     will not exercise the Committee's right to a sequential 
     referral. I appreciate your acknowledgment that by agreeing 
     to waive its consideration of the bill, the Committee on 
     Commerce does not waive its prerogatives with respect to this 
     legislation or similar legislation, including authority to 
     seek conferees on any provisions of the bill that are within 
     its jurisdiction during any House-Senate conference that may 
     be convened on this legislation. Thank you for your 
     commitment to support any request by the Commerce Committee 
     for conferees on H.R. 1167 or similar legislation.
       I request that you include this letter and your response as 
     part of the Record during consideration of the legislation on 
     the House floor.
       Thank you for your attention to these matters.
           Sincerely,
                                                       Tom Bliley,
                                                         Chairman.

  Mr. Speaker, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, this is the third time this important piece to the 
ongoing struggle for Indian tribes to provide governmental services to 
their membership has been before us. This bill provides a process 
through which tribes shall step into the shoes of the Federal 
Government and administer programs to their members previously run by 
the Indian Health Service.
  Similar legislation passed the House in the 105th Congress and again 
just last November when we passed H.R. 1167. The bill has passed the 
Senate, and today we are here to agree to changes we have worked out 
with the Senate. This is one of, if not the most, important pieces of 
legislation this Congress will pass affecting American Indian tribes as 
it reaffirms our commitment to tribal self-governance.
  The nature of self-governance is rooted in the inherent sovereignty 
of American Indian and Alaska Native tribes. From the founding of this 
Nation, Indian tribes and Alaska Native villages have been recognized 
as distinct, independent, political communities exercising powers of 
self-government, not by virtue of any delegation of powers from the 
Federal Government but rather by virtue of their innate sovereignty. 
The tribes' sovereignty predates the founding of the United States and 
its Constitution and forms the backdrop against which the United States 
has continually entered into a relationship with Indian tribes and 
Native villages.
  We did not make any changes to the bill as it passed the Senate. We 
decided to delete a section of the bill relating to the application of 
the FLRA, which is further addressed in the more appropriate setting. 
Language included in the bill permits tribes to receive waivers from 
certain regulations to help tribes administer certain programs. We are 
all agreed, however, that this language does not alter the obligation 
of the Indian tribes to comply fully with the laws enacted by Congress.
  I want to thank the gentleman from Alaska (Mr. Young) and all the 
members of the committee and all of the Indian tribes who worked so 
hard on this legislation, the Indian Health Service, and our friends in 
the other body who labored long and hard to get us where we are today, 
and I urge my colleagues to support this bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to thank my colleague and friend, the gentleman 
from California (Mr. George Miller), for his leadership and support on 
this very important piece of legislation.
  Mr. GIBBONS. Mr. Speaker, we have no further speakers at this time, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nevada (Mr. Gibbons) that the House suspend the rules 
and agree to the resolution, H. Res. 562.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________