H. R. 1167—21
‘‘SEC. 519. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appropriated
such sums as may be necessary to carry out this title.
‘‘(b) AVAILABILITY OF APPROPRIATIONS.—Notwithstanding any
other provision of this Act, the provision of funds under this Act
shall be subject to the availability of appropriations and the Sec-
retary is not required to reduce funding for programs, projects,
or activities serving a tribe in order to make funds available to
another tribe or tribal organization under this Act.’’.
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-GOVERN-
ANCE—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 dem-
onstration 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;
H. R. 1167—22
‘‘(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 dem-
onstration 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-govern-
ance 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 con-
sulted pursuant to section 603 related to the information pro-
vided 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 sub-
section.
‘‘(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 avail-
able until expended.’’.
SEC. 6. AMENDMENTS CLARIFYING CIVIL PROCEEDINGS.
Section 102(e)(1) of the Indian Self-Determination and Edu-
cation 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)’’.
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: ‘‘For purposes of
carrying out such contract, grant, or agreement, the Secretary
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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.’’.
SEC. 8. PATIENT RECORDS.
Section 105 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450j) is amended by adding at the end
the following:
‘‘(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.’’.
SEC. 9. ANNUAL REPORTS.
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 sub-
sections (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 state-
ment of the amount of funds needed for transitional purposes
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to enable contractors to convert from a Federal fiscal year
accounting cycle, as authorized by section 105(d).’’.
SEC. 10. REPEAL.
Title III of the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450f note) is repealed.
SEC. 11. SAVINGS PROVISION.
Funds appropriated for title III of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450f note) shall be
available for use under title V of such Act.
SEC. 12. APPLICATION TO ALASKA.
(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 divi-
sion 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.
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.