I
106TH CONGRESS
2D SESSION
H. R. 4148
To make technical amendments to the provisions of the Indian Self-Deter-
mination 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
A BILL
To make technical amendments to the provisions of the In-
dian Self-Determination and Education Assistance Act
relating to contract support costs, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Tribal Contract Sup-
port Cost Technical Amendments of 2000’’.
SEC. 2. AMENDMENT DETAILING CALCULATION AND PAY-
MENT OF CONTRACT SUPPORT COSTS.
The Indian Self-Determination and Education Assist-
ance Act is amended by adding after section 106 the fol-
lowing new section:
‘‘SEC. 106A. CONTRACT SUPPORT COSTS.
‘‘(a) OTHER FEDERAL AGENCIES.—Notwithstanding
any other provision of law (including regulation or cir-
cular), 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 organiza-
tion, consistent with the tribe’s or tribal organization’s in-
direct cost rate agreement with its cognizant Federal
agency.
‘‘(b) ALLOWABLE
USES
OF
FUNDS.—Notwith-
standing any other provision of law (including regulation
or circular), an Indian tribe or tribal organization admin-
istering a contract or compact under this Act shall be enti-
tled to use or expend any other Federal funding received
by such tribe or tribal organization in the same manner
as permitted in subsections 106(i) and (j) (relating to the
use of funds for matching or cost participation require-
ments and allowable uses of funds without approval of the
Secretary), and for such purposes the term ‘Secretary’
shall mean the Secretary of any Federal agency providing
funds to such tribe or tribal organization.
‘‘(c) OFFICE OF MANAGEMENT AND BUDGET CIR-
CULAR.—Not later than 24 months after the date of en-
actment of this Act, the Office of Management and Budg-
et shall issue a circular exclusively devoted to the expendi-
ture of Federal funds paid to tribes and tribal organiza-
tions under this or any other Federal law. In publishing
such circular the Office of Management and Budget shall
employ the procedures described in subsections 107(d)(1),
107(d)(2)(A), 107(d)(2)(B), and 107(d)(2)(D) and the
references therein to the Secretary shall for such purposes
include the Director of the Office of Management and
Budget.
‘‘(d) CONSOLIDATED CONTRACT AMOUNT.—
‘‘(1) CONDITIONS FOR CONSOLIDATION.—Com-
mencing in fiscal year 2002, the Secretary shall con-
solidate all funds paid to a tribe or tribal organiza-
tion pursuant to subsections 106(a)(1) and (2) into
a single consolidated contract amount, provided that
the following conditions have been met:
‘‘(A) The tribe or tribal organization quali-
fies as a mature contractor under title I or is
operating a self-governance agreement under
title III or IV.
‘‘(B) The tribe’s or tribal organization’s in-
direct cost rate has not varied more than 10
percent over the prior year’s rate for the pre-
ceding 3 years (for tribes or tribal organizations
that have no indirect rate, this criterion shall be
satisfied if the actual payment of contract sup-
port costs to the tribe or tribal organization has
not varied more than 10 percent over the prior
year’s amount for the preceding 3 years).
‘‘(C) At the time of the consolidation the
tribe or tribal organization is receiving the full
amount of contract support costs to which it is
entitled under section 106(a)(2).
‘‘(2) 
MEDICAL
INFLATION
RATE
ADJUST-
MENTS.—Each year following the consolidation re-
quired by paragraph (1), the Secretary of Health
and Human Services shall increase the amount of
contract support costs paid as part of the consoli-
dated amount by a amount equal to (i) the adjust-
ment in the medical care component of the consumer
price index over the preceding year multiplied by (ii)
the contract support cost amount paid in the pre-
ceding year as part of the consolidated amount.
‘‘(3) 
CONSUMER
PRICE
INDEX
ADJUST-
MENTS.—Each year following the consolidation re-
quired by paragraph (1), the Secretary of the Inte-
rior shall increase the amount of contract support
costs paid as part of the consolidated amount by an
amount equal to (i) the adjustment in the consumer
price index over the preceding year multiplied by (ii)
the contract support cost amount paid in the pre-
ceding year as part of the consolidated amount.
‘‘(4) EMPLOYMENT ADJUSTMENTS.—A tribe or
tribal organization shall be entitled to receive addi-
tional 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 contract
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
(9), the tribe or tribal organization shall not be enti-
tled to receive any contract support costs additional
to those contained within the consolidated contract
amount determined and adjusted under paragraphs
(1), (2), and (3).
‘‘(6) LIABILITY FOR OVERPAYMENT OF INDI-
RECT COSTS.—Notwithstanding any other provision
of this Act, the tribe or tribal organization shall not
be held liable for any actual or theoretical overpay-
ment of indirect costs or other adverse adjustment
associated with the calculation of indirect cost rates
or the payment of indirect costs.
‘‘(7) 
REBUDGETING
AUTHORITY
UNAF-
FECTED.—The tribe or tribal organization may re-
budget all contract funds as specified in section
106(n).
‘‘(8) DECONSOLIDATION.—Except as provided
in paragraph (9), in the event the amount of pro-
gram 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 organiza-
tion from other funding sources, increases or de-
creases by more than 20 percent over the amount
paid in the preceding year, 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 recalcula-
tion, the recalculated amounts shall be reconsoli-
dated into a single amount as otherwise described in
this subsection.
‘‘(9) 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 additional programs not in-
cluded in the consolidated amount paid under para-
graph (1), or to be paid the full amount of contract
support costs associated with such additional con-
tracted or compacted programs, as provided in sec-
tion 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).
‘‘(e) NEGOTIATION OF CONTRACT SUPPORT COST
AMOUNTS.—Within the Indian Health Service of the De-
partment of Health and Human Services, the negotiation,
review, and approval of tribal contract support cost enti-
tlements shall be the responsibility of the Office of Tribal
Programs.
‘‘(f) DIRECT CONTRACT SUPPORT COSTS AND FED-
ERAL EMPLOYEES.—The contract support costs that are
eligible costs for the purposes of receiving funding under
this Act shall include contract support costs associated
with all Federal employees employed in connection with
the program, service, function, or activity that is the sub-
ject of the contract, including all Federal employees paid
with funds generated from third-party collections.’’.
SEC. 3. AMENDMENTS CLARIFYING CONTRACT SUPPORT
COST ENTITLEMENT.
The Indian Self-Determination and Education Assist-
ance 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 fol-
lowing flush sentence:
‘‘Necessary amounts are appropriated to pay contract sup-
port 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’’;
(4) in section 106(a)(5) by adding at the end
thereof the following flush sentence:
‘‘Notwithstanding any other provision of law, the Sec-
retary shall pay preaward and startup costs without re-
gard to the year in which such costs were incurred, includ-
ing such costs incurred prior to the date of the enactment
of this sentance.’’;
(5) in section 106, by redesignating subsections
(c) through (n) as subsections (d) through (o), re-
spectively; and
(6) by reenacting section 106(c) as in effect on
November 9, 1998.
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.
(a) Section 110 of the Indian Self-Determination and
Education Assistance Act is amended by adding at the end
the following new subsections:
‘‘(f) EQUAL ACCESS TO JUSTICE ACT.—In applying
the Equal Access to Justice Act to proceedings instituted
pursuant to this Act, a tribe or tribal organization shall
be a ‘party’ regardless of the net worth or the size of the
workforce of such tribe or tribal organization.