S 2172 IS

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.

March 8, 2004

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

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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