[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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