[Congressional Record Volume 146, Number 99 (Wednesday, July 26, 2000)]
[Senate]
[Page S7715]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT

  Mr. DeWINE. Mr. President, I ask unanimous consent that the Chair lay 
before the Senate a message from the House to accompany H.R. 1167.
  There being no objection, the Presiding Officer laid before the 
Senate the following message from the House of Representatives:

       Resolved, That the House agree to the amendment of the 
     Senate to the bill (H.R. 1167) entitled ``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'', with the following amendments:
     (1)Page 14, line 12, strike [(or of such other agency)].
     (2)Page 15, line 1, after ``functions'' insert: so
     (3)Page 19, line 4, after ``section 106'' insert: other 
     provisions of law,
     (4)Page 20, line 6, strike [305] and insert: 505
     (5)Page 31, line 23, strike [may] and insert: is authorized 
     to
     (6)Page 39, strike lines 7 through 14, and insert the 
     following:
       `` `(g) Wages.--All laborers and mechanics employed by 
     contractors and subcontractors (excluding tribes and tribal 
     organizations) in the construction, alteration, or repair, 
     including painting or decorating of a building or other 
     facilities in connection with construction projects funded by 
     the United States under this Act shall be paid wages at not 
     less than those prevailing wages on similar construction in 
     the locality as determined by the Secretary of Labor in 
     accordance with the Davis-Bacon Act of March 3, 1931 (46 
     Stat. 1494). With respect to construction alteration, or 
     repair work to which the Act of March 3, 1931, is applicable 
     under this section, the Secretary of Labor shall have the 
     authority and functions set forth in the Reorganization Plan 
     numbered 14, of 1950, and section 2 of the Act of June 13, 
     1934 (48 Stat. 948).''.
     (7)Page 39, strike line 24 and all that follows through page 
     40, line 6, and insert the following:
       `` `Regarding construction programs or projects, the 
     Secretary and Indian tribes may negotiate for the inclusion 
     of specific provisions of the Office of Federal Procurement 
     and Policy Act (41 U.S.C. 401 et seq.) and Federal 
     acquisition regulations in any funding agreement entered into 
     under this part. Absent a negotiated agreement, such 
     provisions and regulatory requirements shall not apply.''.
     (8)Page 41, line 1, insert a comma after ``Executive 
     orders''.
     (9)Page 49, strike lines 4 through 10.
     (10)Page 56, beginning on line 21, strike [for fiscal years 
     2000 and 2001].
     (11)Page 60, line 6, strike [(a) In General.--].
     (12)Page 60, strike lines 9 and 10.
     (13)Page 60, strike line 16 and all that follows through page 
     65, line 16.
     (14)Page 65, line 17, strike [SEC. 13.] and insert: SEC. 12.
     (15)Page 66, after line 7, insert the following:

     ``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.''.


    indian tribal purchases of prescription drugs in self governance

  Mr. HELMS. Mr. President, it would be helpful to get a clarification 
for the Record from the manager of H.R. 1167, the distinguished 
Chairman of the Senate Committee on Indian Affairs. I understand that 
H.R. 1167, the bill to amend the Indian Self-Determination and 
Education Assistance Act to provide for further self-governance by 
Indian tribes, contains a provision that would allow Indian tribes to 
purchase prescription drugs from the Federal Supply Schedule for the 
purpose of providing health services to Indians under contract with the 
Indian Health Service.
  Mr. CAMPBELL. I would be glad to clarify this matter for the 
distinguished Senator from North Carolina. Your understanding is 
correct.
  Mr. HELMS. I thank the able Senator. Moreover, I understand that the 
committee intends that the prescription drugs purchased off the Federal 
Supply Schedule can only be used for Indians whose health care is 
provided by the tribe, and cannot be purchased or used for resale, nor 
may they be dispensed to non-Indian employees of a tribe. Is that 
correct, Mr. Chairman?
  Mr. CAMPBELL. It is the Committee's intent that prescription drugs 
purchased off the Federal Supply Schedule, as authorized under H.R. 
1167, are for the exclusive use of tribal members, not for non-Indian 
employees of a tribe. Furthermore, it is the intent of the committee 
that prescription drugs purchased through access to the Federal Supply 
Schedule by tribes are not to be resold.
  Mr. DeWINE. Mr. President, I ask unanimous consent that the Senate 
agree to the amendments of the House.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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