II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tribal Contract Sup5 port Cost Technical Amendments of 2004’’. 
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1 SEC. 2. AMENDMENT DETAILING CALCULATION AND PAY2 MENT OF CONTRACT SUPPORT COSTS. 

3 The Indian Self-Determination and Education Assist4 ance Act is amended by inserting after section 106 (25 

5 U.S.C. 450j–1) the following: 

6 ‘‘SEC. 106A. CONTRACT SUPPORT COSTS. 

7 ‘‘(a) OTHER FEDERAL AGENCIES.— 

8 ‘‘(1) IN GENERAL.—Except as otherwise pro9 vided by law, an Indian tribe or tribal organization 

10 administering a contract or compact under this Act 

11 shall be entitled to recover its full indirect costs as12 sociated with any other Federal funding received by 

13 the Indian tribe or tribal organization in accordance 

14 with an indirect cost rate agreement between the In15 dian tribe or tribal organization and the appropriate 

16 Federal agency. 

17 ‘‘(2) NO ENTITLEMENT.—The right of recovery 

18 under paragraph (1) does not confer on an Indian 

19 tribe or tribal organization an entitlement to be paid 

20 additional amounts associated with other Federal 

21 funding described in that paragraph. 

22 ‘‘(b) ALLOWABLE USES OF FUNDS.— 

23 ‘‘(1) DEFINITION OF SECRETARY.—In this sub24 section, the term ‘Secretary’ means the Secretary or 

25 head of any Federal agency providing funds to an 

26 Indian tribe or tribal organization. 
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1 ‘‘(2) USE OF FUNDS.—Notwithstanding any 

2 other provision of law (including a regulation), an 

3 Indian tribe or tribal organization that is admin4 istering a contract or compact under this Act and 

5 that employs an indirect cost pool that includes 

6 funds paid under this Act and other Federal funds 

7 shall be entitled to use or expend all Federal funds 

8 in the indirect cost pool of the Indian tribe or tribal 

9 organization without the approval of the Secretary 

10 in the same manner as is permitted under section 

11 106(j).’’. 

12 SEC. 3. AMENDMENTS CLARIFYING CONTRACT SUPPORT 

13 COST ENTITLEMENT. 

14 (a) AMOUNT OF CONTRACTS.—Section 105(c)(1) of 

15 the Indian Self-Determination and Education Assistance 

16 Act (25 U.S.C. 450j(c)(1)) is amended by striking the sec17 ond sentence. 

18 (b) REDUCTIONS AND INCREASES.—Section 106(b) 

19 of the Indian Self-Determination and Education Assist20 ance Act (25 U.S.C. 450j–1(b)) is amended in the matter 

21 following paragraph (5)— 

22 (1) by striking ‘‘the provision of funds under 

23 this Act is subject to the availability of appropria24 tions and’’; and 
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1 (2) by adding at the end the following: ‘‘In any 

2 case in which contract support costs are not pro3 vided for, there are authorized to be appropriated 

4 such sums as are necessary to pay those costs.’’. 

5 (c) CONTRACT MODEL.—Subsection (c) of section 

6 108 of the Indian Self-Determination and Education As7 sistance Act (25 U.S.C. 450l(c)) is amended in section 

8 1(b)(4) of the model contract set forth in that subsection 

9 by striking ‘‘Subject to the availability of appropriations, 

10 the’’ and inserting ‘‘The’’. 

11 (d) APPLICABILITY TO AGREEMENTS WITH THE

12 SECRETARY OF THE INTERIOR.—Section 408 of the In13 dian Self-Determination and Education Assistance Act 

14 (25 U.S.C. 458hh) is amended by inserting before the pe15 riod at the end the following: ‘‘(including such sums as 

16 are necessary to pay contract support costs, when not oth17 erwise provided for)’’. 

18 (e) APPLICABILITY TO AGREEMENTS WITH THE SEC19 RETARY OF HEALTH AND HUMAN SERVICES.—Section 

20 519 of the Indian Self-Determination and Education As21 sistance Act (25 U.S.C. 458aaa–18) is amended— 

22 (1) in subsection (b), by striking ‘‘the provision 

23 of funds under this title shall be subject to the avail24 ability of appropriations’’ and inserting ‘‘the provi25 sion of funds under this title (excluding contract 
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1 support costs) shall be subject to the availability of 

2 appropriations’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(c) NECESSARY CONTRACT SUPPORT COSTS.—In 

5 any case in which contract support costs are not provided 

6 for, there are authorized to be appropriated such sums as 

7 are necessary to pay those costs.’’. 

8 SEC. 4. EFFECT ON OTHER LAW. 

9 (a) IN GENERAL.—Except as provided in subsection 

10 (b), this Act and the amendments made by this Act super11 sede any conflicting provisions of law (including any con12 flicting regulations) in effect on the day before the date 

13 of enactment of this Act. 

14 (b) EXCEPTION.—Nothing in this Act shall be con15 strued to alter in any manner the ruling of the United 

16 States Court of Appeals for the Federal Circuit rendered 

17 on July 2, 2003, in Thompson v. Cherokee Nation, 334 

18 F.3d. 1075 (July 3, 2003).

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