[Congressional Record Volume 141, Number 170 (Tuesday, October 31, 1995)]
[Senate]
[Pages S16430-S16432]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 THE TECHNICAL CORRECTIONS ACT OF 1995

                                 ______


                       McCAIN AMENDMENT NO. 3040

  Mr. SMITH (for Mr. McCain) proposed an amendment to the bill (S. 325) 
to make certain technical corrections in laws relating to native 
Americans, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. CORRECTION TO POKAGON RESTORATION ACT.

       Section 9 of the Act entitled ``An Act to restore Federal 
     services to the Pokagon Band of Potawatomi Indians'' (25 
     U.S.C. 1300j-7a) is amended--
       (1) by striking ``Bands'' each place it appears and 
     inserting ``Band'';
       (2) in subsection (a), by striking ``respective''; and
       (3) in subsection (b)--
       (A) in paragraph (1)--
       (i) in the first sentence--

       (I) by striking ``membership rolls that contain'' and 
     inserting ``a membership roll that contains''; and
       (II) by striking ``in such'' and inserting ``in the''; and

       (ii) in the second sentence, by striking ``Each such'' and 
     inserting ``The'';
       (B) in paragraph (2)--
       (i) by striking ``rolls have'' and inserting ``roll has''; 
     and
       (ii) by striking ``such rolls'' and inserting ``such 
     roll'';
       (C) in the heading for paragraph (3), by striking ``rolls'' 
     and inserting ``roll''; and
       (D) in paragraph (3), by striking ``rolls are maintained'' 
     and inserting ``roll is maintained''.

     SEC. 2. CORRECTION TO ODAWA AND OTTAWA RESTORATION ACT.

       (a) Reaffirmation of Rights.--The heading of section 5(b) 
     of the Little Traverse Bay Bands of Odawa and the Little 
     River Band of Ottawa Indians Act (25 U.S.C. 1300k-3) is 
     amended by striking ``Tribe'' and inserting ``Bands''.
       (b) Membership List.--Section 9 of the Little Traverse Bay 
     Bands of Odawa and the Little River Band of Ottawa Indians 
     Act (25 U.S.C. 1300k-7) is amended--
       (1) in subsection (a)--
       (A) by striking ``Band'' the first place it appears and 
     inserting ``Bands''; and
       (B) by striking ``the Band.'' and inserting ``the 
     respective Bands.''; and
       (2) in subsection (b)(1)--
       (A) in the first sentence, by striking ``the Band shall 
     submit to the Secretary membership rolls that contain the 
     names of all individuals eligible for membership in such 
     Band'' and inserting ``each of the Bands shall submit to the 
     Secretary a membership roll that contains the names of all 
     individuals that are eligible for membership in such Band''; 
     and
       (B) in the second sentence, by striking ``The Band, in 
     consultation'' and inserting ``Each such Band, in 
     consultation''.

     SEC. 3. FEDERAL EMPLOYEES CONTRACTING OR TRADING WITH 
                   INDIANS.

       (a) Repeal.--Section 437 of title 18, United States Code, 
     is repealed.
       (b) Conforming Amendment.--The table of sections at the 
     beginning of chapter 23 of title 18, United States Code, is 
     amended by striking the item relating to section 437.
       (c) Effective Date.--The repeal made by subsection (a) 
     shall--
       (1) take effect on the date of enactment of this Act; and
       (2) apply with respect to any contract obtained, and any 
     purchase or sale occurring, on or after the date of enactment 
     of this Act.

     SEC. 4. INDIAN DAMS SAFETY ACT OF 1994.

       Section 4(h) of the Indian Dams Safety Act of 1994 (108 
     Stat. 1562) is amended by striking ``(under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)), as amended,'' and inserting ``under the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450 et seq.)''.
     
[[Page S16431]]


     SEC. 5. PASCUA YAQUI INDIANS OF ARIZONA.

       Section 4(b) of the Act entitled ``An Act to provide for 
     the extension of certain Federal benefits, services, and 
     assistance to the Pascua Yaqui Indians of Arizona, and for 
     other purposes'' (25 U.S.C. 1300f-3(b)) is amended by 
     striking ``Pascua Yaqui tribe'' and inserting ``Pascua Yaqui 
     Tribe''.

     SEC. 6. INDIAN LANDS OPEN DUMP CLEANUP ACT OF 1994.

       Section 3(7) of the Indian Lands Open Dump Cleanup Act of 
     1994 (108 Stat. 4165) is amended by striking ``under section 
     6944 of the Solid Waste Disposal Act (42 U.S.C. 6941 et 
     seq.)'' and inserting ``under section 4004 of the Solid Waste 
     Disposal Act (42 U.S.C. 6944)''.

     SEC. 7. AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM ACT OF 
                   1994.

       (a) Maintenance of Records.--Section 303(c)(5)(D) of the 
     American Indian Trust Fund Management Reform Act of 1994 (108 
     Stat. 4247) is amended by striking ``made under paragraph 
     (3)(B)'' and inserting ``made under subparagraph (C)''.
       (b) Advisory Board.--Section 306(d) of the Indian Trust 
     Fund Management Reform Act (25 U.S.C. 4046(d)) is amended by 
     striking ``Advisory Board'' and inserting ``advisory board''.

     SEC. 8. INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE 
                   ACT.

       (a) Definitions.--Section 4(j) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(j)) is amended by striking ``That except as provided the 
     last proviso in section 105(a) of this Act,'' and inserting 
     ``That except as provided in paragraphs (1) and (3) of 
     section 105(a),''.
       (b) Carryover Funding.--Section 8 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 13a) is 
     amended by striking ``the provisions of section 106(a)(3)'' 
     and inserting ``the provisions of section 106(a)(4)''.
       (c) Repayment of Funds.--Section 5(d) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450c(d)) is amended by striking ``106(a)(3) of this Act'' and 
     inserting ``106(a)(4)''.
       (d) Self-Determination Contracts.--The first sentence of 
     the flush material immediately following subparagraph (E) of 
     section 102(a)(2) of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450f(a)(2)) is amended by 
     striking ``the second sentence of this subsection'' and 
     inserting ``the second sentence of this paragraph''.
       (e) Contract or Grant Provisions and Administration.--
     Section 105(a)(3)(C)(ii) of the Indian Self-Determination and 
     Education Assistance Act (42 U.S.C. 450j(a)(3)(C)(ii)) is 
     amended--
       (1) in subclause (VII), by striking ``chapter 483'' and 
     inserting ``chapter 482''; and
       (2) in subclause (IX), by striking ``The Service Control 
     Act of 1965'' and inserting ``The Service Contract Act of 
     1965''.
       (f) Approval of Construction Contracts.--Section 
     105(m)(4)(C)(v) of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450j(m)(4)(C)(v)) is 
     amended by striking ``sections 102(a)(2) and 102(b) of 
     section 102'' and inserting ``subsections (a)(2) and (b) of 
     section 102''.

     SEC. 9. INDIAN SELF-DETERMINATION CONTRACT REFORM ACT OF 
                   1994.

       Section 102(11) of the Indian Self-Determination Contract 
     Reform Act of 1994 (108 Stat. 4254) is amended by striking 
     ``subsection (e)'' and inserting ``subsection (e) of section 
     105''.

     SEC. 10. AUBURN INDIAN RESTORATION.

       (a) Economic Development.--Section 203 of the Auburn Indian 
     Restoration Act (25 U.S.C. 1300l-1) is amended--
       (1) in subsection (a)(2), by striking ``as provided in 
     section 107'' and inserting ``as provided in section 207''; 
     and
       (2) in subsection (b), by striking ``section 104'' and 
     inserting ``section 204''.
       (b) Interim Government.--The last sentence of section 206 
     of the Auburn Indian Restoration Act (25 U.S.C. 1300l-4) is 
     amended by striking ``Interim council'' and inserting 
     ``Interim Council''.

     SEC. 11. CROW BOUNDARY SETTLEMENT ACT OF 1994.

       (a) Enforcement.--Section 5(b)(3) of the Crow Boundary 
     Settlement Act of 1994 (108 Stat. 4636) is amended by 
     striking ``provisions of subsection (b)'' and inserting 
     ``provisions of this subsection''.
       (b) Applicability.--Section 9 of the Crow Boundary 
     Settlement Act of 1994 (108 Stat. 4640) is amended by 
     striking ``The Act'' and inserting ``This Act''.
       (c) Escrow Funds.--Section 10(b) of the Crow Boundary 
     Settlement Act of 1994 (108 Stat. 4641) is amended by 
     striking ``(collectively referred to in this subsection as 
     the `Suspension Accounts')'' and inserting ``(collectively 
     referred to in this section as the `Suspension Accounts')''.

     SEC. 12. TLINGIT AND HAIDA STATUS CLARIFICATION ACT.

       The first sentence of section 205 of the Tlingit and Haida 
     Status Clarification Act (25 U.S.C. 1215) is amended by 
     striking ``Indian tribes'' and inserting ``Indian Tribes''.

     SEC. 13. NATIVE AMERICAN LANGUAGES ACT.

       Section 103 of the Native American Languages Act (25 U.S.C. 
     2902) is amended--
       (1) in paragraph (2), by striking ``under section 5351(4) 
     of the Indian Education Act of 1988 (25 U.S.C. 2651(4))'' and 
     inserting ``under section 9161(4) of the Improving America's 
     Schools Act of 1994 (20 U.S.C. 7881(4))''; and
       (2) in paragraph (3), by striking ``section 4009 of Public 
     Law 100-297 (20 U.S.C. 4909)'' and inserting ``section 
     9212(1) of the Improving America's Schools Act of 1994 (20 
     U.S.C. 7912(1))''.

     SEC. 14. PONCA RESTORATION ACT.

       Section 5 of the Ponca Restoration Act (25 U.S.C. 983c) is 
     amended--
       (1) by inserting ``Sarpy, Burt, Platte, Stanton, Holt, 
     Hall, Wayne,'' before ``Knox''; and
       (2) by striking ``or Charles Mix County'' and inserting ``, 
     Woodbury or Pottawattomie Counties of Iowa, or Charles Mix 
     County''.

     SEC. 15. YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS 
                   SETTLEMENT ACT OF 1994.

       Section 112(b) of the Yavapai-Prescott Indian Tribe Water 
     Rights Settlement Act of 1994 (108 Stat. 4532) is amended by 
     striking ``December 31, 1995'' and inserting ``June 30, 
     1996''.

     SEC. 16. INDIAN HEALTH CARE IMPROVEMENT ACT.

       (a) Definition of Health Profession.--Section 4(n) of the 
     Indian Health Care Improvement Act (25 U.S.C. 1603(n)) is 
     amended--
       (1) by inserting ``allopathic medicine,'' before ``family 
     medicine''; and
       (2) by striking ``and allied health professions'' and 
     inserting ``an allied health profession, or any other health 
     profession.''.
       (b) Indian Health Professions Scholarships.--Section 104(b) 
     of the Indian Health Care Improvement Act (25 U.S.C. 
     1613a(b)) is amended--
       (1) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) by striking the matter preceding clause (i) and 
     inserting the following:
       ``(3)(A) The active duty service obligation under a written 
     contract with the Secretary under section 338A of the Public 
     Health Service Act (42 U.S.C. 254l) that an individual has 
     entered into under that section shall, if that individual is 
     a recipient of an Indian Health Scholarship, be met in full-
     time practice, by service--'';
       (ii) by striking ``or'' at the end of clause (iii);
       (iii) by striking the period at the end of clause (iv) and 
     inserting ``; or''; and
       (iv) by adding at the end the following new clause:
       ``(v) in an academic setting (including a program that 
     receives funding under section 102, 112, or 114, or any other 
     academic setting that the Secretary, acting through the 
     Service, determines to be appropriate for the purposes of 
     this clause) in which the major duties and responsibilities 
     of the recipient are the recruitment and training of Indian 
     health professionals in the discipline of that recipient in a 
     manner consistent with the purpose of this title, as 
     specified in section 101.'';
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively;
       (C) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) At the request of any individual who has entered into 
     a contract referred to in subparagraph (A) and who receives a 
     degree in medicine (including osteopathic or allopathic 
     medicine), dentistry, optometry, podiatry, or pharmacy, the 
     Secretary shall defer the active duty service obligation of 
     that individual under that contract, in order that such 
     individual may complete any internship, residency, or other 
     advanced clinical training that is required for the practice 
     of that health profession, for an appropriate period (in 
     years, as determined by the Secretary), subject to the 
     following conditions:
       ``(i) No period of internship, residency, or other advanced 
     clinical training shall be counted as satisfying any period 
     of obligated service that is required under this section.
       ``(ii) The active duty service obligation of that 
     individual shall commence not later than 90 days after the 
     completion of that advanced clinical training (or by a date 
     specified by the Secretary).
       ``(iii) The active duty service obligation will be served 
     in the health profession of that individual, in a manner 
     consistent with clauses (i) through (v) of subparagraph 
     (A).'';
       (D) in subparagraph (C), as so redesignated, by striking 
     ``prescribed under section 338C of the Public Health Service 
     Act (42 U.S.C. 254m) by service in a program specified in 
     subparagraph (A)'' and inserting ``described in subparagraph 
     (A) by service in a program specified in that subparagraph''; 
     and
       (E) in subparagraph (D), as so redesignated--
       (i) by striking ``Subject to subparagraph (B),'' and 
     inserting ``Subject to subparagraph (C),''; and
       (ii) by striking ``prescribed under section 338C of the 
     Public Health Service Act (42 U.S.C. 254m)'' and inserting 
     ``described in subparagraph (A)'';
       (2) in paragraph (4)--
       (A) in subparagraph (B), by striking the matter preceding 
     clause (i) and inserting the following:
       ``(B) the period of obligated service described in 
     paragraph (3)(A) shall be equal to the greater of--''; and
       (B) in subparagraph (C), by striking ``(42 U.S.C. 
     254m(g)(1)(B))'' and inserting ``(42 U.S.C. 254l(g)(1)(B))'';
       (3) in paragraph (5), by adding at the end the following 
     new subparagraphs:
       ``(C) Upon the death of an individual who receives an 
     Indian Health Scholarship, any obligation of that individual 
     for service or payment that relates to that scholarship shall 
     be canceled.
       ``(D) The Secretary shall provide for the partial or total 
     waiver or suspension of any obligation of service or payment 
     of a recipient of an Indian Health Scholarship if the 
     Secretary determines that--

[[Page S16432]]

       ``(i) it is not possible for the recipient to meet that 
     obligation or make that payment;
       ``(ii) requiring that recipient to meet that obligation or 
     make that payment would result in extreme hardship to the 
     recipient; or
       ``(iii) the enforcement of the requirement to meet the 
     obligation or make the payment would be unconscionable.
       ``(E) Notwithstanding any other provision of law, in any 
     case of extreme hardship or for other good cause shown, the 
     Secretary may waive, in whole or in part, the right of the 
     United States to recover funds made available under this 
     section.
       ``(F) Notwithstanding any other provision of law, with 
     respect to a recipient of an Indian Health Scholarship, no 
     obligation for payment may be released by a discharge in 
     bankruptcy under title 11, United States Code, unless that 
     discharge is granted after the expiration of the 5-year 
     period beginning on the initial date on which that payment is 
     due, and only if the bankruptcy court finds that the 
     nondischarge of the obligation would be unconscionable.''.
       (c) Reimbursement From Certain Third Parties of Costs of 
     Health Services.--Section 206 of the Indian Health Care 
     Improvement Act (16 U.S.C. 1621e) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``Except as provided'' and inserting ``(a) 
     Right of Recovery.--Except as provided'';
       (ii) by striking ``the reasonable expenses incurred'' and 
     inserting ``the reasonable charges billed'';
       (iii) by striking ``in providing'' and inserting ``for 
     providing''; and
       (iv) by striking ``for such expenses'' and inserting ``for 
     such charges''; and
       (B) in paragraph (2), by striking ``such expenses'' each 
     place it appears and inserting ``such charges'';
       (2) in subsection (b), by striking ``(b) Subsection (a)'' 
     and inserting ``(b) Recovery Against State With Workers' 
     Compensation Laws or No-Fault Automobile Accident Insurance 
     Program.--Subsection (a)'';
       (3) in subsection (c), by striking ``(c) No law'' and 
     inserting ``(c) Prohibition of State Law or Contract 
     Provision Impediment to Right of Recovery.--No law'';
       (4) in subsection (d), by striking ``(d) No action'' and 
     inserting ``(d) Right to Damages.--No action'';
       (5) in subsection (e)--
       (A) in the matter preceding paragraph (1), by striking 
     ``(e) The United States'' and inserting ``(e) Intervention or 
     Separate Civil Action.--The United States''; and
       (B) by striking paragraph (2) and inserting the following 
     new paragraph:
       ``(2) while making all reasonable efforts to provide notice 
     of the action to the individual to whom health services are 
     provided prior to the filing of the action, instituting a 
     civil action.'';
       (6) in subsection (f), by striking ``(f) The United 
     States'' and inserting ``(f) Services Covered Under a Self-
     Insurance Plan.--''; and
       (7) by adding at the end the following new subsections:
       ``(g) Costs of Action.--In any action brought to enforce 
     this section, the court shall award any prevailing plaintiff 
     costs, including attorneys' fees that were reasonably 
     incurred in that action.
       ``(h) Right of Recovery for Failure To Provide Reasonable 
     Assurances.--The United States, an Indian tribe, or a tribal 
     organization shall have the right to recover damages against 
     any fiduciary of an insurance company or employee benefit 
     plan that is a provider referred to in subsection (a) who--
       ``(1) fails to provide reasonable assurances that such 
     insurance company or employee benefit plan has funds that are 
     sufficient to pay all benefits owed by that insurance company 
     or employee benefit plan in its capacity as such a provider; 
     or
       ``(2) otherwise hinders or prevents recovery under 
     subsection (a), including hindering the pursuit of any claim 
     for a remedy that may be asserted by a beneficiary or 
     participant covered under subsection (a) under any other 
     applicable Federal or State law.''.

     SEC. 17. REVOCATION OF CHARTER OF INCORPORATION OF THE 
                   MINNESOTA CHIPPEWA TRIBE UNDER THE INDIAN 
                   REORGANIZATION ACT.

       The request of the Minnesota Chippewa Tribe to surrender 
     the charter of incorporation issued to that tribe on 
     September 17, 1937, pursuant to section 17 of the Act* * *.

                          ____________________