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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
Pages: 1 Other Popular 106th Congressional Bills Documents:
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