[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[House]
[Pages H10026-H10028]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       TRIBAL CONTRACT SUPPORT COST TECHNICAL AMENDMENTS OF 2000

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 4148) 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, as 
amended.
  The Clerk read as follows:

                               H.R. 4148

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page H10027]]

     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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska (Mr. Young) and the gentleman from New Mexico (Mr. Udall) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Alaska (Mr. Young).
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 4148 makes technical changes in the Indian Health 
Self-Determination Education Assistance Act, and particularly to the 
contract support costs for the Indian Health Service and Bureau of 
Indian Affairs programs previously administered by the two departments.
  This bill is technical in nature to ensure that tribal contractors 
recover their full and direct costs associated with these Federal 
programs, to receive funding for all Federal employees previously under 
the employment of IHS and BIA, and to direct the Secretaries of Health 
and Human Services to fully pay preaward and start-up costs without 
regard to the year in which such cost occurred.
  Many tribal contractors have paid their preaward and start-up costs 
out of their own funds and have not been reimbursed for these programs 
by IHS and BIA. This corrects this inequity and prevents tribes from 
using their own program funds to pay for these administrative costs.
  In a recent presentation at the Indian National Self-Governance 
conference in Nashville, Tennessee, Dr. Trujillio of the Indian Health 
Service reportedly told tribal representatives that the IHS supports 
enactment of H.R. 4148, as amended.
  Again, Mr. Speaker, this bill is technical in nature and has been 
supported by all tribal contractors. I urge an aye vote for this 
important bill for American Indians and Alaskan Natives.
  Mr. Speaker, I reserve the balance of my time.
  Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, the bill we are bringing up this evening is vastly 
different from the bill we reported from the Committee on Resources a 
few weeks back. The funding problems that Indian tribes face when 
assuming responsibility for Federal programs is serious and complex.
  Congress has time and again reiterated its support for Indian tribes 
to take over and run Federal programs that have previously been run by 
the Bureau of Indian Affairs and the Indian Health Service. We have 
found that tribes are able to run these programs more innovatively and 
often provide better services to their tribal members.
  Unfortunately, not all start-up and costs are covered in these funds 
provided tribes for these programs. This bill was introduced and 
designed to address those shortfalls. But in its current form, I am not 
sure that it meets the honorable goal of its author, the gentleman from 
Alaska (Chairman Young).
  The administration has informed us they oppose the bill. And while I 
would like to pass contract support cost assistance, I will ask for a 
de novo vote so we will have an additional day to work on this bill.
  I would also like to ask the gentleman from Alaska (Chairman Young) 
if the cost of this bill has been worked out based on the new structure 
here.
  Mr. YOUNG of Alaska. Mr. Speaker, will the gentleman yield?
  Mr. UDALL of New Mexico. I yield to the gentleman from Alaska.
  Mr. YOUNG of Alaska. Mr. Speaker, the gentleman I hope would support 
this legislation. He has a large native contingency in his district 
that strongly supports this legislation; and if he does not support it, 
I am sure they will be aware of it. If not, I will let them know about 
it.
  The main thing is that the reason the bill is different is the way it 
was scored. And I believe it was $11 billion. And as much as I believe 
there is justification there, we could not get it to pass the muster of 
other parts of this House nor the administration.
  What we are trying to do is make sure that any tribal group that 
enters into a forwarding of money to set up a program, which they have 
been guaranteed, that they are being paid retroactively if they are 
owed money and in fact will be paid in the future. I think that is only 
fair. Because what has happened many times is they entered into a 
contract and then the agency, BIA or IHS, do not pay the forwarded 
monies and in consequence they have to swallow it themselves, and that 
takes away from the health programs, very frankly, of the Native 
American people.
  I do hope that the gentleman will recognize the importance of this 
legislation; and although he may ask for a vote, I do not really put 
much truck in this administration. Although he is one of the opposite 
parties, I hope he does not either when it comes to Indian affairs.
  They have abused, misused, and misled the American Indians in the 
last 8 years. They have used them in the vote. They have used them for 
the money that they should have gotten and that they spent in other 
areas and very frankly that they are using now. There is over $2.5 
billion that we cannot find that we know is there and the investigation 
shows it there. In fact, the Supreme Court has subpoenaed and filed in 
contempt Secretary Babbitt and I belief Secretary Rubin and the 
Treasury Department.
  So anytime anybody talks about the Indians getting too much or not 
enough, I am saying, look at the facts. I think it is very 
inappropriate, very frankly, to have the administration even think 
about a veto of this.
  Mr. UDALL of New Mexico. Mr. Speaker, reclaiming my time, I would 
like to ask the chairman the question

[[Page H10028]]

again. I am unclear what the cost of the bill is now.
  Mr. YOUNG of Alaska. Mr. Speaker, if the gentleman will continue to 
yield, it is between $80 million and $100 million from $11 billion. 
That is what we call the striking or the marking of the CBO.
  Mr. UDALL of New Mexico. Mr. Speaker, I yield back the balance of my 
time.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Alaska (Mr. Young) that the House suspend the rules and 
pass the bill, H.R. 4148, as amended.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. UDALL of New Mexico. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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