Indian Self-Determination and Education Assistance Act Amendments of 1987

Summary

Indian Self-Determination and Education Assistance Act Amendments of 1987 - Title I: Administrative Provisions - Amends the Indian Self-Determination and Education Assistance Act to require the Secretary (hereinafter refers to the Secretary of Health and Human Services, the Secretary of the Interior, or both, as appropriate) to prescribe the records recipients of Federal financial assistance must keep by promulgating regulations under the Administrative Procedure Act. Provides that multi-year contract recipients of such assistance must keep quarterly financial statements, an annual specified single-agency audit, and a brief annual program report. Title II: Indian Self-Determination Act Amendments - Directs the Secretary, upon the request of any Indian tribe or tribal organization (currently, Indian tribe) to enter into a self-determination contract (currently, contract) with such Indian tribe or tribal organization, for: (1) the transfer of certain hospitals and health services; (2) construction programs administered by the Secretary for which appropriations are made to agencies other than the Department of Health and Human Services or the Department of the Interior; and (3) any program for the benefit of Indians without regard to the agency of the Department of Health and Human Services or the Department of the Interior within which it is performed. Requires the Secretary, within 90 days after receiving a proposal for a self-determination contract, to approve it (currently, may initially decline to enter into a contract) unless he makes specified findings. Entitles Indian tribes and tribal organizations to contract for any program or function operated by the Federal Government. Authorizes the Secretary, upon the request of an Indian tribe or tribal organization, to consolidate two or more mature self-determination contracts into one contract. Requires the Secretary, when he declines to enter into a self-determination contract, to provide assistance (currently, provide to the extent practicable) to the Indian tribe or tribal organization. Exempts liability for interest prior to judgment or for punitive damages from the requirement that a carrier which provides liability insurance to an Indian tribe or tribal organization must waive its right to raise the tribe's sovereign immunity from suit as a defense. Provides that a tribal organization or Indian contractor carrying out a contract, grant agreement, or cooperative agreement regarding claims for personal injury resulting from the performance of medical, surgical, dental, or related functions is deemed to be part of the Public Health Service with respect to claims for personal injury. Repeals the authority of the Secretary of Health and Human Services to make contracts with tribal organizations for hospital and health facility functions. Directs the Secretary, upon the request of any Indian tribe or tribal organization, to provide technical assistance on a non-reimbursable basis to: (1) develop new self-determination contracts authorized by this Act; (2) provide for the assumption by such Indian tribe or tribal organization of contracts for certain health, education, and welfare programs; and (3) modify proposals for self-determination contracts which the Secretary has declined to approve. Exempts self-determination contracts from the provisions of the Office of Federal Procurement Policy Act. Makes permanent the provision of Federal law which permits Federal employees who transfer to tribal employment to retain civil service benefits. Extends the length of self-determination contracts to three years (currently, one year) for a new contract and five years (currently, three years) for a mature contract, unless the appropriate Secretary determines that a longer term would be advisable. Requires that a request for retrocession of a contract requested by an Indian tribe or tribal organization shall become effective within one year (currently, 120 days). Authorizes the appropriate Secretary, in connection with self-determination contracts, to: (1) donate to an Indian tribe or tribal organization the title to any personal property exceeding the needs of the Bureau of Indian Affairs, the Indian Health Service or the General Services Administration, including purchases made with funds under self-determination contracts; and (2) acquire excess or surplus Government property for donation to an Indian tribe. Repeals a restriction on the minimum amount of self-determination contracts. Provides that the funds for self-determination contracts shall: (1) include all costs incurred by an Indian tribe or tribal organization in connection with such contract; (2) not be reduced to make base funding available for any new self-determination contract; (3) not be less than the appropriate Secretary would have otherwise provided for direct operation of the programs; (4) not be reduced by the Secretary in subsequent years except by a reduction in congressional appropriations; and (5) not be reduced by the Secretary to pay for Federal functions or for the costs of Federal personnel displaced by a self-determination contract. Requires the Secretary of Health and Human Services and the Secretary of the Interior to report annually to the Senate Select Committee on Indian Affairs, the House Committee on Interior and Insular Affairs, and the Senate and House Appropriations Committees on the implementation of this Act. Prevents Indian tribes and tribal organizations from being held liable for uncollectable indirect costs from Federal agencies, except for the Bureau of Indian Affairs and the Indian Health Service. Prohibits Indian tribes and tribal organizations from being held liable for amounts of indebtedness attributable to underrecoveries or overrecoveries of indirect costs. Requires the Secretary to give notice of any disallowance of costs before removing any program from the Indian Priority System. Requires the Secretary to add indirect costs to the amount of funds provided for direct costs for self-determination contracts for the first year and for each subsequent year that the program remains continuously under contract. Gives to the Federal district courts, concurrent with the United States Claims Court, original jurisdiction over any civil action or claim against the appropriate Secretary arising under this Act. Prohibits unilateral modification of self-determination contracts by the United States and sets forth provisions relating to such modifications. Applies the Equal Access to Justice Act to administrative appeals by Indian tribes and tribal organizations regarding self-determination contracts. Applies the Contract Disputes Act to such contracts.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

3 official files

• Indefinitely postponed in Senate

  summary · EN · 27 May 1988

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 22 December 1987

  Open at official source

• Introduced in Senate

  summary · EN · 18 September 1987

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.