‘‘(4) identify the funding formula for individual
tribal shares of all headquarters funds, together with
the comments of affected Indian tribes or tribal orga-
nizations, developed under subsection (c);
‘‘(5) identify amounts expended in the preceding
fiscal year to carry out inherent Federal functions,
including an identification of those functions by type
and location;
‘‘(6) 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 inclu-
sion in self-governance compacts or funding agree-
ments;
‘‘(7) prior to being submitted to Congress, be dis-
tributed to the Indian tribes for comment, such com-
ment period to be for no less than 30 days; and
‘‘(8) 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 this title,
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 con-
trolled by all components of the Indian Health Service (in-
cluding funds assessed by any other Federal agency) for in-
clusion 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 In-
dian 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 RESPONSIBIL-
ITIES.—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 em-
ployer.
‘‘(d) OBLIGATIONS OF THE UNITED STATES.—The In-
dian 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 sec-
tions 5(b), 6, 7, 102(c) and (d), 104, 105(k) and (l), 106(a)
through (k), and 111 of this Act and section 314 of Public
Law 101–512 (coverage under 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 com-
pact 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) Not later than 90 days after the date of en-
actment of this title, the Secretary shall initiate pro-
cedures 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) Proposed regulations to implement this title
shall be published in the Federal Register by the Sec-
retary no later than 1 year after the date of enact-
ment of this title.
‘‘(3) The authority to promulgate regulations
under this title shall expire 21 months after the date
of enactment of this title.
‘‘(b) COMMITTEE.—A negotiated rulemaking com-
mittee established pursuant to section 565 of title 5, United
States Code, to carry out this section shall have as its mem-
bers only Federal and tribal government representatives, a
majority of whom shall be nominated by and be representa-
tives of Indian tribes with funding agreements under this
Act, and 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
shall adapt the negotiated rulemaking procedures to the
unique context of self-governance and the government-to-
government relationship between the United States and In-
dian 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 sub-
ject to any agency circular, policy, manual, guidance, or
rule adopted by the Indian Health Service, except for the
eligibility provisions of section 105(g).
‘‘SEC. 518. APPEALS.
‘‘In any appeal (including civil actions) involving de-
cisions 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) the decision is fully consistent with provi-
sions 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.
‘‘TITLE 
VI—TRIBAL 
SELF-GOV-
ERNANCE—DEPARTMENT 
OF
HEALTH AND HUMAN SERV-
ICES
‘‘SEC. 601. DEMONSTRATION PROJECT FEASIBILITY.
‘‘(a) STUDY.—The Secretary shall conduct a study to
determine the feasibility a Tribal Self-Governance Dem-
onstration Project for appropriate programs, services, func-
tions, and activities (or portions thereof) of the agency.
‘‘(b) CONSIDERATIONS.—When 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 dem-
onstration project;
‘‘(4) probable costs or savings associated with
such a demonstration project;
‘‘(5) methods to assure quality and account-
ability in such a demonstration project; and
‘‘(6) such other issues that may be determined by
the Secretary or developed through consultation pur-
suant to section 602.
information provided pursuant to paragraph (1)
through (4).
‘‘SEC. 602. CONSULTATION.
‘‘(a) STUDY PROTOCOL.—
‘‘(1) CONSULTATION WITH INDIAN TRIBES.—The
Secretary shall consult with Indian tribes to deter-
mine a protocol for consultation under subsection (b)
prior to consultation under such subsection with the
other entities described in such subsection. The pro-
tocol shall require, at a minimum, that—
‘‘(A) the government-to-government relation-
ship 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 allow for sepa-
rate and direct recommendations from the In-
dian tribes and other entities described in sub-
section (b).
‘‘(2) OPPORTUNITY FOR PUBLIC COMMENT.—In
determining the protocol described in paragraph (1),
the Secretary shall publish the proposed protocol and
allow a period of not less than 30 days for comment
by entities described in subsection (b) and other inter-
ested individuals, and shall take comments received
into account in determining the final protocol.
‘‘(b) CONDUCTING STUDY.—In conducting the study
under this title, the Secretary shall consult with Indian
tribes, States, counties, municipalities, program bene-
ficiaries, and interested public interest groups, and may
consult with other entities as appropriate.
‘‘SEC. 603. DEFINITIONS.
‘‘(a) IN GENERAL.—For purposes of this title, the Sec-
retary may use definitions provided in title V.
‘‘(b) AGENCY.—For purposes of this title, the term
‘agency’ shall mean any agency or other organizational
unit of the Department of Health and Human Services,
other than the Indian Health Service.
‘‘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. 5. AMENDMENTS CLARIFYING CIVIL PROCEEDINGS.
(a) BURDEN
OF PROOF
IN DISTRICT COURT AC-
TIONS.—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 fol-
lowing: ‘‘or any civil action conducted pursuant to section
110(a)’’.
(b) EFFECTIVE DATE.—The amendment made by this
section shall apply to any proceedings commenced after Oc-
tober 25, 1994.
SEC. 6. 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 ‘‘carrying out a contract’’ and all
that follows through ‘‘shall be eligible’’ and inserting
the following: ‘‘or Indian tribe shall be deemed an ex-
ecutive agency and a part of the Indian Health Serv-
ice, and the employees of the tribal organization or
the Indian tribe, as the case may be, shall be eligible’’;
and
(2) by adding at the end thereof 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 sec-
tion or any other Federal law, including acquisitions
from prime vendors. All such acquisitions shall be un-
dertaken through the most efficient and speedy means
practicable, including electronic ordering arrange-
ments.
SEC. 7. 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 new subsection:
‘‘(o) At the option of a tribe or tribal organization,
patient records may be deemed to be Federal records under
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 pa-
tient records. Patient records that are deemed to be Federal
records under 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. 8. REPEAL.
Title III of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450f note) is hereby re-
pealed.
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.
SEC. 10. EFFECTIVE DATE.
Except as otherwise provided, the provisions of this Act
shall take effect on the date of the enactment of this Act.