Requires the Secretary to: (1) conduct a study to determine the feasibility of a tribal self-governance demonstration project for appropriate programs, services, functions, and activities of HHS, other than the Indian Health Service; and (2) consult with Indian tribes to determine a study protocol for consultation prior to consultation with other specified entities. Authorizes appropriations. Provides limited conditions under which the Secretary, during FY 2000, may enter into contracts, compacts, or annual funding agreements with an Indian tribe or tribal organization to operate a new or expanded program, service, function, or activity of the Indian Health Service.
Directs the Secretary, at the request of an Indian tribe, to enter into an agreement for the acquisition of any goods, services or supplies available to the Secretary from other Federal agencies that are not directly available to the tribe under this Act or any other Federal law, including acquisitions from prime vendors.
Allows patient records, at the option of an Indian tribe or tribal organization, to be deemed Federal records under the Federal Records Act of 1950 for the limited purpose of making such records eligible for storage by the Federal Records Center to the same extent as other HHS patient records.
Provides for the crediting of funds received for health care provided by a tribally- administered facility or program of the Indian Health Service. Grants Indian tribes or tribal organizations the same right of recovery for past or future health care or treatment as is granted to the United States.
Requires the Secretary to report annually to Congress on the implementation of the Indian Self-Determination and Education Assistance Act.
Repeals on October 1, 1999, current provisions of the Act that provide for a Tribal Self-Governance Project and makes funds for such Project available for use under this Act.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 979 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 979
To amend the Indian Self-Determination and Education Assistance Act to
provide for further self-governance by Indian tribes, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 6, 1999
Mr. Campbell (for himself and Mr. McCain) introduced the following
bill; which was read twice and referred to the Committee on Indian
Affairs
_______________________________________________________________________
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.
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.
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--
(1) to permanently establish and implement tribal self-
governance within the Department of Health and Human Services;
(2) to 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 portion 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:
``TITLE V--TRIBAL SELF-GOVERNANCE
``SEC. 501. DEFINITIONS.
``(a) In General.--In this title:
``(1) Construction project.--The term `construction
project'--
``(A) 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; and
``(B) does not include construction program
administration and activities described in paragraphs
(1) through (3) of section 4(m), that may otherwise be
included in a funding agreement under this title.
``(2) Construction project agreement.--The term
`construction project agreement' means a negotiated agreement
between the Secretary and an Indian tribe, that 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 and
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) Inherent federal functions.--The term `inherent
Federal functions' means those Federal functions which cannot
legally be delegated to Indian tribes.
``(4) Inter-tribal consortium.--The term `inter-tribal
consortium' means a coalition of 2 or more separate Indian
tribes that join together for the purpose of participating in
self-governance, including a tribal organization.
``(5) Gross mismanagement.--The term `gross mismanagement'
means a significant, clear, and convincing violation of a
compact, funding agreement, or regulatory, or statutory
requirements applicable to Federal funds transferred to an
Indian 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) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(7) Self-governance.--The term `self-governance' means
the program of self-governance established under section 502.
``(8) Tribal share.--The term `tribal share' 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.
``(b) Indian Tribe.--In any case in which 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. 502. 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. 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 resolution.
``(b) Additional Participants.--
``(1) In general.--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) Treatment of certain indian tribes.--
``(A) In general.--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) Effect of withdrawal.--If an Indian tribe has
withdrawn from participation in an inter-tribal
consortium or tribal organization, that Indian tribe
shall be entitled to its tribal share of funds
supporting those programs, services, functions, and
activities (or portions thereof) that the Indian tribe
will be carrying out under the compact and funding
agreement of the Indian tribe.
``(C) Participation in self-governance.--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.--
``(1) In general.--The qualified applicant pool for self-
governance shall consist of each Indian tribe that--
``(A) successfully completes the planning phase
described in subsection (d);
``(B) has requested participation in self-
governance by resolution or other official action by
the governing body of each Indian tribe to be served;
and
``(C) has demonstrated, for the preceding period of
3 full fiscal years, financial stability and financial
management capability.
``(2) Criteria for determining financial stability and
financial management capacity.--For purposes of this
subsection, evidence that, during the 3-year period referred to
in paragraph (1)(C), an 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 with any Federal agency
shall be conclusive evidence of the required stability and
capability.
``(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 after
the date of enactment of this title to--
``(1) retain the Tribal Self-Governance Demonstration
Project compact of that Indian tribe (in whole or in part) to
the extent that the provisions of that compact are not directly
contrary to any express provision of this title; or
``(2) instead of retaining a compact or portion thereof
under paragraph (1), negotiate a new compact in a manner
consistent with the requirements of 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.--
``(1) In general.--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 discretionary 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 (or
of such other agency) within which the program, service,
function, or activity (or portion thereof) is performed.
``(2) Inclusion of certain programs, services, functions,
and activities.--Such programs, services, functions, or
activities (or portions thereof) include all programs,
services, functions, activities (or portions thereof) with
respect to which 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--
``(A) the Act of November 2, 1921 (42 Stat. 208,
chapter 115; 25 U.S.C. 13);
``(B) the Act of April 16, 1934 (48 Stat. 596,
chapter 147; 25 U.S.C. 452 et seq.);
``(C) the Act of August 5, 1954 (68 Stat. 674,
chapter 658);
``(D) the Indian Health Care Improvement Act (25
U.S.C. 1601 et seq.);
``(E) the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 (25 U.S.C. 2401 et
seq.);
``(F) any other Act of Congress authorizing any
agency of the Department of Health and Human Services
to administer, carry out, or provide financial
assistance to such a program, service, function or
activity (or portions thereof) described in this
section; or
``(G) any other Act of Congress authorizing such a
program, service, function, or activity (or portions
thereof) under which appropriations are made available
to any agency other than an agency within the
Department of Health and Human Services, in any case in
which the Secretary administers that program, service,
function, or activity (or portion thereof).
``(c) Inclusion in Compact or Funding Agreement.--It shall not be a
requirement that an Indian tribe or Indians 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 under this
title shall set forth--
``(1) terms that generally identify the programs, services,
functions, and activities (or portions thereof) to be performed
or administered; and
``(2) for the items identified in paragraph (1)--
``(A) the general budget category assigned;
``(B) the funds to be provided, including those
funds to be provided on a recurring basis;
``(C) the time and method of transfer of the funds;
``(D) the responsibilities of the Secretary; and
``(E) any other provision with respect 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 1 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 the Tribal Self-Governance Demonstration
Project funding agreement of that Indian tribe (in whole or in
part) to the extent that the provisions of that compact are not
directly contrary to any express provision of this title; or
``(2) instead of retaining a funding agreement portion
thereof under paragraph (1), negotiate a new funding agreement
in a manner consistent with the requirements of 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)) 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 by any
exemptions to applicable Office of Management and Budget
Circulars subsequently granted by the 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 313 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.
``(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
timeframe 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) 1 year after 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 upon by the
Secretary and the Indian tribe.
``(g) Withdrawal.--
``(1) Process.--
``(A) In general.--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.
``(B) Effective date.--The withdrawal referred to
in subparagraph (A) shall become effective within the
timeframe specified in the resolution which authorizes
transfer to the participating tribal organization or
inter-tribal consortium. In the absence of a specific
timeframe set forth in the resolution, such withdrawal
shall become effective on--
``(i) the earlier of--
``(I) 1 year after the date of
submission of such request; or
``(II) the date on which the
funding agreement expires; or
``(ii) 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--
``(A) 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) that the Indian
tribe 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
``(B) the funds referred to in subparagraph (A)
shall be transferred from the funding agreement of the
inter-tribal consortium or tribal organization, on the
condition that the provisions of sections 102 and
105(i), as appropriate, shall apply to that 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) In general.--Contracts or 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) Prohibition.--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) Exception.--
``(i) In general.--Notwithstanding
subparagraph (B), the Secretary may, upon
written notification to the Indian tribe,
immediately reassume operation of a program,
service, function, or activity (or portion
thereof) 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.
``(ii) Reassumption.--If the Secretary
reassumes operation of a program, service,
function, or activity (or portion thereof)
under this subparagraph, the Secretary shall
provide the Indian tribe with a hearing on the
record not later than 10 days after such
reassumption.
``(D) Hearings.--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.--
``(1) In general.--If the Secretary rejects an offer made
under subsection (b) (or 1 or more provisions or funding levels
in such offer), the Secretary shall provide--
``(A) 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--
``(i) the amount of funds proposed in the
final offer exceeds the applicable funding
level to which the Indian tribe is entitled
under this title;
``(ii) 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;
``(iii) 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
``(iv) the Indian tribe is not eligible to
participate in self-governance under section
503;
``(B) technical assistance to overcome the
objections stated in the notification required by
subparagraph (A);
``(C) 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, except 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
``(D) the Indian tribe with the option of entering
into the severable portions of a final proposed compact
or funding agreement, or provision thereof, (including
a 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.
``(2) Effect of exercising certain option.--If an Indian
tribe exercises the option specified in paragraph (1)(D), that
Indian tribe shall retain the right to appeal the Secretary's
rejection under this section, and subparagraphs (A), (B), and
(C) of that paragraph 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, in a manner consistent with the purposes
specified in section 3 of the Tribal Self-Governance Amendments of
1999.
``(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 may employ, upon tribal
request, multiyear funding agreements. References in this title to
funding agreements shall include such multiyear funding agreements.
``(c) Amount of Funding.--The Secretary of Health and Human
Services 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
section 106(a) (2), (3), (5), and (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.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary is expressly prohibited from--
``(A) 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;
``(B) withholding portions of such funds for
transfer over a period of years; and
``(C) reducing the use of funds, from the the
amount of funds that the Secretary is authorized to use
under this title--
``(i) to make funding available for self-
governance monitoring or administration by the
Secretary;
``(ii) 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;
``(iii) 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
``(iv) to pay for costs of Federal
personnel displaced by self-determination
contracts under this Act or self-governance;
``(2) Exception.--The funds described in paragraph (1)(C)
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), to the extent allowable under law, the Secretary shall
acquire and 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. The reimbursements received from
those goods and services, 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 title 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 1 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. 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. 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 (42 U.S.C. 4321 et seq.), the National
Historic Preservation Act (16 U.S.C. 470 et seq.), 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 building codes and
architectural and 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 1 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 onsite 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 a 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 Indian tribe.
``(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 (25 U.S.C. 81) and section 16 of the Act of June 18, 1934 (48
Stat. 987; chapter 576; 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 this Act to section 1 of the
Act of June 26, 1936 (49 Stat. 1967; chapter 831) are hereby deemed to
include the first section of the Act of July 3, 1952 (66 Stat. 323,
chapter 549; 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) In general.--An Indian tribe may submit a written
request to waive application of a regulation 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) Approval.--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 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 Indian 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.--
``(1) In general.--The President shall identify in the
annual budget request submitted to 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.
``(2) Rule of construction.--Nothing in this subsection
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 apportioned
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 of
Health and Human Services, under self-determination contracts, or under
compacts and funding agreements authorized under this title.
``SEC. 514. REPORTS.
``(a) Annual Report.--
``(1) In general.--Not later than January 1 of each year
after the date of enactment of the Tribal Self-Governance
Amendments of 1999, the Secretary shall submit to the Committee
on Indian Affairs of the Senate and the Committee on Resources
of the House of Representatives a written report regarding the
administration of this title.
``(2) Analysis.--The report under paragraph (1) 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 under subsection (a) shall--
``(1) be compiled from information contained in funding
agreements, annual audit reports, and data of the Secretary
regarding the disposition of Federal funds; and
``(2) identify--
``(A) the relative costs and benefits of self-
governance;
``(B) 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;
``(C) the funds transferred to each self-governance
Indian tribe and the corresponding reduction in the
Federal bureaucracy;
``(D) 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); and
``(E) amounts expended in the preceding fiscal year
to carry out inherent Federal functions, including an
identification of those functions by type and location;
``(2) 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;
``(3) before being submitted to Congress, be distributed to
the Indian tribes for comment (with a comment period of no less
than 30 days, beginning on the date of distribution); and
``(4) 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 the Tribal Self-Governance Amendments of
1999, 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 (c) through (k), and 111
of this Act and section 314 of Public Law 101-512 (coverage under
chapter 171 of title 28, United States Code, commonly known as 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) Promulgation.--Not later than 90 days after the date
of enactment of the Tribal Self-Governance Amendments of 1999,
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) Publication of proposed regulations.--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 the Tribal Self-Governance Amendments
of 1999.
``(3) Expiration of authority.--The authority to promulgate
regulations under paragraph (1) shall expire 21 months after
the date of enactment of the Tribal Self-Governance Amendments
of 1999.
``(b) Committee.--
``(1) In general.--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.
``(2) Requirements.--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 of Health and Human
Services 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 as provided in
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) that 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.''.
SEC. 5. TRIBAL SELF-GOVERNANCE DEPARTMENT.
The Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) is amended by adding at the end the following:
``TITLE VI--TRIBAL SELF-GOVERNANCE--DEPARTMENT OF HEALTH AND HUMAN
SERVICES
``SEC. 601. DEFINITIONS.
``(a) In General.--In this title, the Secretary may apply the
definitions contained in title V.
``(b) Other Definitions.--In this title:
``(1) Agency.--The term the term `agency' means any agency
or other organizational unit of the Department of Health and
Human Services, other than the Indian Health Service.
``(2) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``SEC. 602. DEMONSTRATION PROJECT FEASIBILITY.
``(a) Study.--The Secretary shall conduct a study to determine the
feasibility of a tribal self-governance demonstration project for
appropriate programs, services, functions, and activities (or portions
thereof) of the agency.
``(b) Considerations.--In 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
605.
``(c) Report.--Not later than 18 months after the date of enactment
of this title, the Secretary shall submit a report to the Committee on
Indian Affairs of the Senate and the Committee on Resources of the
House of Representatives. The report shall contain--
``(1) the results of the study under this section;
``(2) a list of programs, services, functions, and
activities (or portions thereof) within each agency with
respect to 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) that 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 603 related to the information
provided pursuant to paragraphs (1) through (4).
``SEC. 603. 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.
``(2) Requirements for protocol.--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 allows for separate
and direct recommendations from the Indian tribes and
other entities described in subsection (b).
``(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. 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. 6. 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 amendments made by subsection (a) shall
apply to any proceedings commenced after October 25, 1994.
SEC. 7. 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 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. 8. REPEAL.
(a) In General.--Title III of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450f note) is hereby repealed.
(b) Effective Date.--This section shall take effect on October 1,
1999.
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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4897-4898)
Read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 106-168.
Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Indian Affairs. Reported to Senate by Senator Campbell with an amendment in the nature of a substitute. With written report No. 106-221.
Committee on Indian Affairs. Reported to Senate by Senator Campbell with an amendment in the nature of a substitute. With written report No. 106-221.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 412.
Measure laid before Senate. (consideration: CR S2131-2138; text as reported in Senate: CR S2131-2137)
The committee substitute as amended agreed to by Unanimous Consent.
Senate incorporated this measure in H.R. 1167 as an amendment.
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Senate passed companion measure H.R. 1167 in lieu of this measure by Unanimous Consent.
Returned to the Calendar. Calendar No. 412.