[Congressional Record Volume 150, Number 28 (Monday, March 8, 2004)]
[Senate]
[Pages S2303-S2304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 2172. 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; to the Committee on 
Indian Affairs.
  Mr. CAMPBELL. Mr. President, today I am pleased to introduce the 
Tribal Contract Support Cost Technical Amendments of 2004, a much-
needed bill that strengthens the highly successful policy of tribal 
contracting and compacting under the Indian Self Determination and 
Education Assistance Act of 1975, Public Law 93-638.
  Beginning in 1970, with President Nixon's now-famous Special Message 
to Congress on Indian Affairs and the 1975 enactment of the Indian Self 
Determination and Education Assistance Act of 1975, Public Law 93-638, 
Congress has systematically devolved to Indian tribes the authority and 
responsibility to manage Federal programs and reassume control over 
their own affairs.
  For good reason, tribal contracting and compacting has been embraced 
and expanded by Congress and the Executive by repeatedly amending the 
1975 Act in 1984, 1988, 1994 and 2000.
  Contracting and compacting has resulted in a reduction in the Federal 
bureaucracy and an improvement in the quality of services delivered to 
tribal members. Instead of Federal micro-management, the tribes can 
tailor programs to unique local conditions and better serve their 
members.
  Unfortunately, the ability of Indian tribes to continue to contract 
programs and services is severely hampered by the chronic under-funding 
of contract support costs.
  Without such funding, tribes are forced to cut back on services to 
pay for their administrative costs.
  The bill I am introducing today will require the Indian Health 
Service and the Bureau of Indian Affairs to provide the funds for 
contract support costs which those agencies negotiated and contracted 
to pay to their tribal contractors.
  I urge my colleagues to join me in supporting this important bill.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2172

       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

[[Page S2304]]

     the Federal Circuit rendered on July 2, 2003, in Thompson v. 
     Cherokee Nation, 334 F.3d. 1075 (July 3, 2003).
                                 ______