‘‘(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 com-
ment by entities described in subsection (b) and
other interested individuals, and shall take com-
ments 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
Secretary 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-Determina-
tion 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 October 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 in-
serting the following: ‘‘or Indian tribe shall be
deemed an executive agency, 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 section or any other Federal law, includ-
ing acquisitions from prime vendors. All such acqui-
sitions shall be undertaken through the most effi-
cient and speedy means practicable, including elec-
tronic ordering arrangements.
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 patient records.’’.
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.
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