Update: The Senate has begun debate on the bill. It's not clear when, or if, the Coburn amendment will be discussed. Coverage can be viewed on C-SPAN2.

Tribes are worried about an amendment that could allow states to enforce federal tobacco laws in Indian Country.

The Senate will begin consideration of H.R.1256, the Family Smoking Prevention and Tobacco Control Act today. The bill authorizes the Food and Drug Administration to regulate tobacco.

Sen. Tom Coburn (R-Oklahoma), a member of the Senate Indian Affairs Committee, has proposed an amendment that allows the FDA to enter into contracts with states to enforce the law. The provision runs counter to the version of the bill that passed the House, which preserved tribal sovereignty.

The House bill, as passed, reads:

The Secretary shall not enter into any contract under clause (i) with the government of any of the several States to exercise enforcement authority under this Act on Indian country without the express written consent of the Indian tribe involved.

Coburn's amendment reads:

For a tobacco product, to the extent feasible, the Secretary shall contract with the States in accordance with this paragraph to carry out inspections of retailers within that State in connection with the enforcement of this Act.

The amendment is No.1227. It can be read by clicking on Page S5952 of the Congressional record from June 2.

The Senate could vote later this week or early next week on the bill.

Related Story:
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An Opinion:
Editorial: FDA folly - Regulation wrong remedy for tobacco (The Daily Reflector 6/3)