S. 2172Senate108th Congress (2003-2005)In Committee

Tribal Contract Support Cost Technical Amendments of 2004

Introduced March 8, 2004

Legislative Activity

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4 earlier actions
SenateCommittee Latest Action

Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

June 16, 2004

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SenateIntro Referral

Introduced in Senate

March 8, 2004

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S2303)

March 8, 2004

SenateIntro Referral

Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S2303-2304)

March 8, 2004

SenateCommittee

Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 108-540.

April 28, 2004

SenateCommittee

Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

June 16, 2004

Floor Debate

7 members

What members said about S. 2172 on the floor

4 Republicans3 Democrats
George Allen
Sen. George AllenR-VA · Apr 28, 2004

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on April 28, 2004, at 11 a.m., in closed session, to receive a…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Mar 8, 2004

Mr. President, I rise today to speak on an important issue that holds great meaning to me--the issue of youth suicide in our country. Youth suicide is both a public and mental health tragedy--an…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Mar 8, 2004

Mr. President, I am pleased to introduce, along with Senator Alexander, the High-End Computing Revitalization Act of 2004. High-end computing, also known as high performance computing or…

Ben Nighthorse Campbell
Sen. Ben Nighthorse CampbellR-CO · Mar 8, 2004

Mr. President, today I am pleased to introduce the Tribal Contract Support Cost Technical Amendments of 2004, a much- needed bill that strengthens the highly successful policy of tribal contracting…

Mike DeWine
Sen. Mike DeWineR-OH · Mar 8, 2004

Mr. President, today I join my good friends and colleagues Senator Chris Dodd and Senator Gordon Smith in introducing the Youth Suicide Early Intervention and Prevention Expansion Act of 2004. As…

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Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Mar 8, 2004

Mr. President, I rise to join Senator Bunning to introduce this important bill to make sure that Medicaid patients have access to care provided by podiatrists. This bill ensures that Medicaid…

Ben Nighthorse Campbell
Sen. Ben Nighthorse CampbellR-CO · Mar 8, 2004

Mr. President, today I am pleased to introduce the Tribal Contract Support Cost Technical Amendments of 2004, a much- needed bill that strengthens the highly successful policy of tribal contracting…

Ben Nighthorse Campbell
Sen. Ben Nighthorse CampbellR-CO · Apr 27, 2004

Mr. President, I would like to announce that the Committee on Indian Affairs will meet on Wednesday, April 28, 2004, at 10 a.m. in room 485 of the Russell Senate Office Building to conduct a hearing…

Thad Cochran
Sen. Thad CochranR-MS · Apr 27, 2004

Mr. President, I announce that the Committee on Agriculture, Nutrition, and Forestry will conduct a hearing on May 6, 2004 in SD-106 at 10 a.m. The purpose of this hearing will be to discuss Biomass…

Bill Text

Latest available legislative text

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Latest
Introduced in SenateIssued March 8, 2004
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2172 Introduced in Senate (IS)]

108th CONGRESS
2d Session
S. 2172

To make technical amendments to the provisions of the Indian Self-
Determination and Education Assistance Act relating to contract support
costs, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 8, 2004

Mr. Campbell introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs

_______________________________________________________________________

A BILL

To make technical amendments to the provisions of the Indian Self-
Determination and Education Assistance Act relating to contract support
costs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Tribal Contract Support Cost
Technical Amendments of 2004''.

SEC. 2. AMENDMENT DETAILING CALCULATION AND PAYMENT OF CONTRACT SUPPORT
COSTS.

The Indian Self-Determination and Education Assistance Act is
amended by inserting after section 106 (25 U.S.C. 450j-1) the
following:

``SEC. 106A. CONTRACT SUPPORT COSTS.

``(a) Other Federal Agencies.--
``(1) In general.--Except as otherwise provided by law, an
Indian tribe or tribal organization administering a contract or
compact under this Act shall be entitled to recover its full
indirect costs associated with any other Federal funding
received by the Indian tribe or tribal organization in
accordance with an indirect cost rate agreement between the
Indian tribe or tribal organization and the appropriate Federal
agency.
``(2) No entitlement.--The right of recovery under
paragraph (1) does not confer on an Indian tribe or tribal
organization an entitlement to be paid additional amounts
associated with other Federal funding described in that
paragraph.
``(b) Allowable Uses of Funds.--
``(1) Definition of secretary.--In this subsection, the
term `Secretary' means the Secretary or head of any Federal
agency providing funds to an Indian tribe or tribal
organization.
``(2) Use of funds.--Notwithstanding any other provision of
law (including a regulation), an Indian tribe or tribal
organization that is administering a contract or compact under
this Act and that employs an indirect cost pool that includes
funds paid under this Act and other Federal funds shall be
entitled to use or expend all Federal funds in the indirect
cost pool of the Indian tribe or tribal organization without
the approval of the Secretary in the same manner as is
permitted under section 106(j).''.

SEC. 3. AMENDMENTS CLARIFYING CONTRACT SUPPORT COST ENTITLEMENT.

(a) Amount of Contracts.--Section 105(c)(1) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450j(c)(1)) is
amended by striking the second sentence.
(b) Reductions and Increases.--Section 106(b) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450j-1(b)) is
amended in the matter following paragraph (5)--
(1) by striking ``the provision of funds under this Act is
subject to the availability of appropriations and''; and
(2) by adding at the end the following: ``In any case in
which contract support costs are not provided for, there are
authorized to be appropriated such sums as are necessary to pay
those costs.''.
(c) Contract Model.--Subsection (c) of section 108 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450l(c)) is
amended in section 1(b)(4) of the model contract set forth in that
subsection by striking ``Subject to the availability of appropriations,
the'' and inserting ``The''.
(d) Applicability to Agreements With the Secretary of the
Interior.--Section 408 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458hh) is amended by inserting before the
period at the end the following: ``(including such sums as are
necessary to pay contract support costs, when not otherwise provided
for)''.
(e) Applicability to Agreements With the Secretary of Health and
Human Services.--Section 519 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458aaa-18) is amended--
(1) in subsection (b), by striking ``the provision of funds
under this title shall be subject to the availability of
appropriations'' and inserting ``the provision of funds under
this title (excluding contract support costs) shall be subject
to the availability of appropriations''; and
(2) by adding at the end the following:
``(c) Necessary Contract Support Costs.--In any case in which
contract support costs are not provided for, there are authorized to be
appropriated such sums as are necessary to pay those costs.''.

SEC. 4. EFFECT ON OTHER LAW.

(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act supersede any conflicting provisions of
law (including any conflicting regulations) in effect on the day before
the date of enactment of this Act.
(b) Exception.--Nothing in this Act shall be construed to alter in
any manner the ruling of the United States Court of Appeals for the
Federal Circuit rendered on July 2, 2003, in Thompson v. Cherokee
Nation, 334 F.3d. 1075 (July 3, 2003).
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