[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1167 Enrolled Bill (ENR)]
H.R.1167
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To amend the Indian Self-Determination and Education Assistance Act to
provide for further self-governance by Indian tribes, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Tribal Self-Governance Amendments of
2000''.

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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.

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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.

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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 `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 603.
``(c) Report.--Not later than 18 months after the date of the
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 such sums as may be
necessary to carry out this title. Such sums shall remain available
until expended.''.

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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)''.

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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: ``For purposes of
carrying out such contract, grant, or agreement, the Secretary
shall, at the request of an Indian tribe, 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 under
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.''.

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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:
``(o) Patient Records.--
``(1) In general.--At the option of an Indian tribe or tribal
organization, patient records may be deemed to be Federal records
under those provisions of title 44, United States Code, that are
commonly referred to as 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.
``(2) Treatment of records.--Patient records that are deemed to
be Federal records under those provisions of title 44, United
States Code, that are commonly referred to as the `Federal Records
Act of 1950' pursuant to this subsection shall not be considered
Federal records for the purposes of chapter 5 of title 5, United
States Code.''.

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Section 106 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450j-1) is amended--
(1) by redesignating subsections (c) through (n) as subsections
(d) through (o), respectively; and
(2) by inserting after subsection (b), the following:
``(c) Annual Reports.--Not later than May 15 of each year, the
Secretary shall prepare and submit to Congress an annual report on the
implementation of this Act. Such report shall include--
``(1) an accounting of the total amounts of funds provided for
each program and the budget activity for direct program costs and
contract support costs of tribal organizations under self-
determination;
``(2) an accounting of any deficiency in funds needed to
provide required contract support costs to all contractors for the
fiscal year for which the report is being submitted;
``(3) the indirect cost rate and type of rate for each tribal
organization that has been negotiated with the appropriate
Secretary;
``(4) the direct cost base and type of base from which the
indirect cost rate is determined for each tribal organization;
``(5) the indirect cost pool amounts and the types of costs
included in the indirect cost pool; and
``(6) an accounting of any deficiency in funds needed to
maintain the preexisting level of services to any Indian tribes
affected by contracting activities under this Act, and a statement
of the amount of funds needed for transitional purposes to enable
contractors to convert from a Federal fiscal year accounting cycle,
as authorized by section 105(d).''.

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Title III of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450f note) is repealed.

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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.

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(a) Notwithstanding any other provision of law, nothing in this
Act, the amendments made thereby, nor its implementation, shall
affect--
(1) the right of the Consortium or Southcentral Foundation to
carry out the programs, functions, services and activities as
specified in section 325 of Public Law 105-83 (111 Stat. 55-56); or
(2) the prohibitions in section 351 of section 101(e) of
division A, Public Law 105-277.
(b) Section 351 of section 101(e) of division A, Public Law 105-277
and section 326 of Public Law 105-83 (111 Stat. 57) are amended by
inserting ``as amended'' after the phrase ``Public Law 93-638 (25
U.S.C. 450 et seq.)'' where such phrase appears in each section.

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Except as otherwise provided, the provisions of this Act shall take
effect on the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Tribal Self-Governance Amendments of 1999 — HR. 1167

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