[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4148 Engrossed in House (EH)]


  2d Session

                               H. R. 4148

_______________________________________________________________________

                                 AN ACT

   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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 4148

_______________________________________________________________________

                                 AN ACT


 
   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 2000''.

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

    The Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.) is amended by adding after section 106 the 
following new section:

``SEC. 106A. CONTRACT SUPPORT COSTS.

    ``(a) Other Federal Agencies.--Except as otherwise provided by 
statute, 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 such tribe or tribal organization (other than funds paid under this 
Act), consistent with the tribe's or tribal organization's indirect 
cost rate agreement with its cognizant Federal agency. This subsection 
shall not independently entitle such tribe or tribal organization to be 
paid additional amounts associated with such other Federal funding.
    ``(b) Allowable Uses of Funds.--Notwithstanding any other provision 
of law (including regulation or circular), an Indian tribe or tribal 
organization (1) administering a contract or compact under this Act, 
and (2) employing an indirect cost pool that includes both funds paid 
under this Act and other Federal funds, shall be entitled to use or 
expend all Federal funds in such tribe's or tribal organization's 
indirect cost pool in the same manner as permitted in section 106(j) 
(relating to allowable uses of funds without approval of the 
Secretary), and for such purposes only the term `Secretary' means the 
Secretary of any Federal agency providing funds to such tribe or tribal 
organization.
    ``(c) Negotiation of Contract Support Cost Amounts.--Within the 
Indian Health Service of the Department of Health and Human Services, 
tribal contract support cost entitlements shall be the responsibility 
of the Office of Tribal Programs, subject to the tribe's or tribal 
organization's indirect cost rate agreement with the tribe's or tribal 
organization's cognizant Federal agency.
    ``(d) Direct Contract Support Costs and Federal Employees.--The 
contract support costs that are eligible costs for the purposes of 
receiving funding under this Act shall include direct contract support 
costs associated with all Federal employees employed in connection with 
the program, service, function, or activity that is the subject of the 
contract, including all Federal employees paid with funds generated 
from third-party collections.''.

SEC. 3. AMENDMENTS CLARIFYING CONTRACT SUPPORT COST ENTITLEMENT.

    Section 106(a)(5) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450j1(a)(5)) is amended by adding at the end 
thereof the following flush sentence:
``Notwithstanding any other provision of law, the Secretary shall fully 
pay preaward and startup costs without regard to the year in which such 
costs were incurred or will be incurred, including such costs payable 
to tribes and tribal organizations identified by the Indian Health 
Service as `ISD Queue Tribes' in its September 17, 1999, report 
entitled `FY 1999 IHS CSC Shortfall Data'.''.

SEC. 4. AMENDMENTS REGARDING JUDICIAL REMEDIES.

    Section 110(c) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450m-1(c)) is amended by inserting after 
``administrative appeals'' the following: ``, and section 2412(d)(2)(A) 
of title 28, United States Code, shall apply to appeals filed with 
administrative appeals boards, in appeals''.

            Passed the House of Representatives October 18, 2000.

            Attest:

                                                                 Clerk.