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






                                                 Union Calendar No. 495
106th CONGRESS
  2d Session
                                H. R. 4148

                          [Report No. 106-837]

   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 HOUSE OF REPRESENTATIVES

                             March 30, 2000

  Mr. Young of Alaska (for himself and Mr. Hayworth), introduced the 
    following bill; which was referred to the Committee on Resources

                           September 12, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               30, 2000]

_______________________________________________________________________

                                 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 2000''.

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

    The Indian Self-Determination and Education Assistance Act 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) Consolidated Contract Amount.--
            ``(1) Conditions for consolidation.--Commencing in fiscal 
        year 2003, the Secretary shall consolidate all funds paid to a 
        tribe or tribal organization pursuant to paragraphs (1) and (2) 
        of section 106(a) into a single consolidated contract or 
        compact amount if the following conditions have been met:
                    ``(A) The tribe or tribal organization qualifies to 
                carry out a mature contract under this title or is 
                operating a self-governance agreement under any other 
                title of this Act.
                    ``(B) The tribe's or tribal organization's indirect 
                cost rate has not varied more than 10 percent over the 
                prior year's rate for the preceding 3 years (for tribes 
                or tribal organizations that have no indirect rate, 
                this criterion shall be satisfied if the ratio of the 
                tribe's or tribal organization's contract support 
                requirement to its direct cost base has not varied more 
                than 10 percent over the ratio for the preceding 3 
                years).
                    ``(C) At the time of the consolidation the tribe or 
                tribal organization is receiving its full contract 
                support cost requirement as determined under section 
                106(a)(2).
            ``(2) Medical inflation rate adjustments.--Each year 
        following the consolidation required by paragraph (1), the 
        Secretary of Health and Human Services shall increase the 
        amount of contract support costs paid as part of the 
        consolidated amount by an amount equal to--
                    ``(A) the adjustment in the medical care component 
                of the national consumer price index over the preceding 
                year, multiplied by
                    ``(B) the contract support cost amount paid in the 
                preceding year as part of the consolidated amount.
            ``(3) Consumer price index adjustments.--Each year 
        following the consolidation required by paragraph (1), the 
        Secretary of the Interior shall increase the amount of contract 
        support costs paid as part of the consolidated amount by an 
        amount equal to--
                    ``(A) the adjustment in the national consumer price 
                index over the preceding year, multiplied by
                    ``(B) the contract support cost amount paid in the 
                preceding year as part of the consolidated amount.
            ``(4) Employment adjustments.--A tribe or tribal 
        organization shall be entitled to receive additional contract 
        support costs associated with the transfer of employees from 
        Federal employment to tribal employment. Such additional 
        contract support costs shall be added to the consolidated 
        amount determined and adjusted under paragraphs (1), (2), and 
        (3), and shall thereafter become a part of the consolidated 
        amount.
            ``(5) Additional contract support costs.--Notwithstanding 
        any other provision of this Act, and except as provided in 
        paragraphs (4) and (8), the tribe or tribal organization shall 
        not be entitled to receive any contract support costs 
        additional to those contained within the consolidated amount 
        determined and adjusted under paragraphs (1), (2), and (3).
            ``(6) Rebudgeting authority unaffected.--The tribe or 
        tribal organization may rebudget all contract or compact funds 
        as specified in section 106(n).
            ``(7) Deconsolidation.--Except as provided in paragraph 
        (8), in the event--
                    ``(A) the amount of program funds paid under 
                section 106(a)(1) as part of the consolidated amount, 
                when combined with other program funds paid to the 
                tribe or tribal organization from other funding 
                sources, increases or decreases by more than--
                            ``(i) 20 percent over the amount paid in 
                        the preceding year; or
                            ``(ii) 40 percent over the amount paid in 
                        the preceding three years; or
                    ``(B) the Secretary for good cause shown agrees,
        the amounts paid by the Secretary under this section shall be 
        deconsolidated, and such amounts shall be recalculated and paid 
        as specified elsewhere in this Act. Upon such recalculation, 
        the recalculated amounts shall be reconsolidated into a single 
        amount as otherwise described in this subsection.
            ``(8) Contracting additional programs.--Nothing in this 
        subsection shall affect the right of a tribe or tribal 
        organization to contract or compact for the operation of new or 
        expanded programs, services, functions, or activities not 
        included in the consolidated amount paid under paragraph (1), 
        or to be paid the full amount of contract support costs 
        associated with such additional contracted or compacted 
        programs, as provided in section 106(a)(1) and other provisions 
        of this Act. Any such additional programs and associated 
        contract support costs shall be added to the consolidated 
        amount determined and adjusted under paragraphs (1), (2), and 
        (3).
            ``(9) Separate contracts and compacts.--Nothing in this 
        subsection shall require a tribe or tribal organization to 
        consolidate separate contracts or compacts administered under 
        this Act into a single contract or compact.
    ``(d) Negotiation of Contract Support Cost Amounts.--Within the 
Indian Health Service of the Department of Health and Human Services, 
the negotiation, review, and approval of 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.
    ``(e) 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.
    ``(f) Regulations.--The Secretary of the Interior and the Secretary 
of Health and Human Services are authorized to promulgate joint 
regulations relating to the allowability of costs expended under this 
Act, including all pooled indirect costs and direct contract support 
costs. In promulgating such regulations the Secretaries shall follow 
the procedures set forth in sections 107(a)(2)(A), 107(d)(1), 
107(d)(2)(A), 107(d)(2)(B), 107(d)(2)(D), and 107(d)(2)(E), and shall 
publish proposed regulations in the Federal Register to carry out this 
subsection not later than 180 days after the date of enactment of the 
Tribal Contract Support Cost Technical Amendments of 2000. The 
authority to promulgate regulations under this subsection shall expire 
if final regulations are not promulgated within 18 months after the 
date of enactment of the Tribal Contract Support Cost Technical 
Amendments of 2000. In the event of a conflict between such regulations 
and any Office of Management and Budget circular, the provision of such 
regulations shall control. The Secretary may, with respect to a 
contract or compact entered into under this Act, make exceptions in the 
regulations promulgated to carry out this subsection, or waive such 
regulations, if the Secretary finds that such exception or waiver is 
consistent with the policies of this Act, and is not contrary to 
statutory law. In reviewing each request, the Secretary shall follow 
the timeline, findings, assistance, hearing, and appeal procedures set 
forth in section 102.''.

SEC. 3. AMENDMENTS CLARIFYING CONTRACT SUPPORT COST ENTITLEMENT.

    The Indian Self-Determination and Education Assistance Act is 
amended--
            (1) in section 105(c)(1), by striking the last flush 
        sentence;
            (2) in section 106(b)--
                    (A) by striking ``the provision of funds under this 
                Act is subject to the availability of appropriations 
                and''; and
                    (B) by adding at the end thereof the following 
                flush sentence:
``Necessary amounts are appropriated to pay contract support costs when 
not otherwise provided for.'';
            (3) in section 1(b)(4) of the model contract set forth in 
        section 108(c), by striking ``Subject to the availability of 
        appropriations, the'' and inserting ``The''; and
            (4) in section 106(a)(5) 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. AMENDMENT ENLARGING CONTRACT PROPOSAL REVIEW PERIOD.

    Section 102(a)(2) of the Indian Self-Determination and Education 
Assistance Act is amended--
            (1) by striking ``ninety'' in the second sentence and 
        inserting ``180''; and
            (2) by striking ``90-day'' in the third sentence and 
        inserting ``180-day''.

SEC. 5. AMENDMENTS REGARDING JUDICIAL REMEDIES.

    Section 110 of the Indian Self-Determination and Education 
Assistance Act is amended--
            (1) in subsection (c), 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''; and
            (2) by adding at the end the following new subsection:
    ``(f) Reimbursement of Payments.--None of the funds appropriated to 
the Secretary to carry out programs, functions, services, or activities 
that are contractible under this Act shall be available to reimburse 
payments made in satisfaction of judgments awarded under subsections 
(a) and (d).''.




                                                 Union Calendar No. 495

106th CONGRESS

  2d Session

                               H. R. 4148

                          [Report No. 106-837]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 12, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed