[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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