[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[S. 2036 Referred in House (RFH)]
103d CONGRESS
2d Session
S. 2036
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 7, 1994
Referred to the Committee on Natural Resources
_______________________________________________________________________
AN ACT
To specify the terms of contracts entered into by the United States and
Indian tribal organizations under the Indian Self-Determination and
Education Assistance Act, 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 ``Indian Self-Determination Contract
Reform Act of 1994''.
SEC. 2. GENERAL AMENDMENTS.
The Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) is amended--
(1) in section 4--
(A) in subsection (g), by striking ``indirect costs
rate'' and inserting ``indirect cost rate'';
(B) by striking ``and'' at the end of subsection
(k);
(C) by striking the period at the end of subsection
(l) and inserting ``; and''; and
(D) by adding at the end the following new
subsection:
``(m) `construction contract' means a fixed-price or cost-
reimbursement self-determination contract for a construction project,
except that such term does not include any contract--
``(1) that is limited to providing planning services and
construction management services (or a combination of such
services);
``(2) for the Housing Improvement Program or roads
maintenance program of the Bureau of Indian Affairs
administered by the Secretary of the Interior; or
``(3) for the health facility maintenance and improvement
program administered by the Secretary of Health and Human
Services.'';
(2) by striking subsection (f) of section 5 and inserting
the following new subsection:
``(f)(1) For each fiscal year during which an Indian tribal
organization receives or expends funds pursuant to a contract entered
into, or grant made, under this Act, the tribal organization that
requested such contract or grant shall submit to the appropriate
Secretary a single-agency audit report required by chapter 75 of title
31, United States Code.
``(2) In addition to submitting a single-agency audit report
pursuant to paragraph (1), a tribal organization referred to in such
paragraph shall submit such additional information concerning the
conduct of the program, function, service, or activity carried out
pursuant to the contract or grant that is the subject of the report as
the tribal organization may negotiate with the Secretary.
``(3) Any disagreement over reporting requirements shall be subject
to the declination criteria and procedures set forth in section 102.'';
(3) in section 7(a), by striking ``of subcontractors'' and
inserting in lieu thereof ``or subcontractors (excluding tribes
and tribal organizations)'';
(4) at the end of section 7, add the following new
subsection:
``(c) Notwithstanding subsections (a) and (b), with respect to any
self-determination contract, or portion of a self-determination
contract, that is intended to benefit one tribe, the tribal employment
or contract preference laws adopted by such tribe shall govern with
respect to the administration of the contract or portion of the
contract.'';
(5) at the end of section 102(a)(1), add the following new
flush sentence:
``The programs, functions, services, or activities that are contracted
under this paragraph shall include administrative functions of the
Department of the Interior and the Department of Health and Human
Services (whichever is applicable) that support the delivery of
services to Indians, including those administrative activities
supportive of, but not included as part of, the service delivery
programs described in this paragraph that are otherwise contractable.
The administrative functions referred to in the preceding sentence
shall be contractable without regard to the organizational level within
the department that carries out such functions.'';
(6) in section 102(a)--
(A) in paragraph (2)--
(i) in the first sentence, by inserting ``,
or a proposal to amend or renew a self-
determination contract,'' before ``to the
Secretary for review'';
(ii) in the second sentence--
(I) by striking ``The'' and
inserting ``Subject to the provisions
of paragraph (4), the'';
(II) by inserting ``and award the
contract'' after ``approve the
proposal'';
(III) by striking ``, within sixty
days of receipt of the proposal,''; and
(IV) by striking ``a specific
finding is made that'' and inserting
``the Secretary provides written
notification to the applicant that
contains a specific finding supported
by clearly demonstrated evidence or a
controlling legal authority that'';
(iii) in subparagraph (B), by striking
``or'' after the semicolon;
(iv) in subparagraph (C), by striking the
period at the end and inserting a semicolon;
(v) by adding at the end the following new
subparagraphs:
``(D) the amount of funds proposed under the
contract is in excess of the applicable funding level
for the contract, as determined under section 106(a);
or
``(E) the program, function, service, or activity
(or portion thereof) that is the subject of the
proposal is beyond the scope of programs, functions,
services, or activities covered under paragraph (1)
because the proposal includes activities that cannot
lawfully be carried out by the contractor.''; and
(vi) by adding at the end of the paragraph
the following new flush material:
``Notwithstanding any other provision of law, the Secretary may extend
or otherwise alter the 90-day period specified in the second sentence
of this subsection, if before the expiration of such period, the
Secretary obtains the voluntary and express written consent of the
tribe or tribal organization to extend or otherwise alter such period.
The contractor shall include in the proposal of the contractor the
standards under which the tribal organization will operate the
contracted program, service, function, or activity, including in the
area of construction, provisions regarding the use of licensed and
qualified architects, applicable health and safety standards, adherence
to applicable Federal, State, local, or tribal building codes and
engineering standards. The standards referred to in the preceding
sentence shall ensure structural integrity, accountability of funds,
adequate competition for subcontracting under tribal or other
applicable law the commencement, performance, and completion of the
contract, adherence to project plans and specifications (including any
applicable Federal construction guidelines and manuals), the use of
proper materials or workmanship, necessary inspection and testing, and
changes, modifications, stop work, and termination of the work when
warranted.''; and
(B) by adding at the end the following new
paragraph:
``(4) The Secretary shall approve any severable portion of a
contract proposal that does not support a declination finding described
in paragraph (2). If the Secretary determines under such paragraph that
a contract proposal--
``(A) proposes in part to plan, conduct, or administer a
program, function, service, or activity that is beyond the
scope of programs covered under paragraph (1), or
``(B) proposes a level of funding that is in excess of the
applicable level determined under section 106(a),
subject to any alteration in the scope of the proposal that the
Secretary and the tribal organization agree to, the Secretary shall, as
appropriate, approve such portion of the program, function, service, or
activity as is authorized under paragraph (1) or approve a level of
funding authorized under section 106(a). If a tribal organization
elects to carry out a severable portion of a contract proposal pursuant
to this paragraph, subsection (b) shall only apply to the portion of
the contract that is declined by the Secretary pursuant to this
subsection.'';
(7) in section 102(b)(3)--
(A) by inserting after ``record'' the following:
``with the right to engage in full discovery relevant
to any issue raised in the matter''; and
(B) by inserting before the period the following:
``, except that the tribe or tribal organization may,
in lieu of filing such appeal, exercise the option to
initiate an action in a Federal district court and
proceed directly to such court pursuant to section
110(a)'';
(8) in section 102(d), by striking ``as provided in section
2671 of title 28)'' and inserting ``as provided in section 2671
of title 28, United States Code, and including an individual
who provides health care services pursuant to a personal
services contract with a tribal organization for the provision
of services in any facility owned, operated, or constructed
under the jurisdiction of the Indian Health Service)'';
(9) by adding at the end of section 102 the following new
subsection:
``(e)(1) With respect to any hearing or appeal conducted pursuant
to subsection (b)(3), the Secretary shall have the burden of proof to
establish by clearly demonstrated evidence the validity of the grounds
for declining the contract proposal (or portion thereof).
``(2) Notwithstanding any other provision of law, a decision by an
official of the Department of the Interior or the Department of Health
and Human Services, as appropriate (referred to in this paragraph as
the `Department') that constitutes final agency action and that relates
to an appeal within the Department that is conducted under subsection
(b)(3) shall be made either--
``(A) by an official of the Department who holds a position
at a higher organizational level within the Department than the
level of the departmental agency (such as the Indian Health
Service or the Bureau of Indian Affairs) in which the decision
that is the subject of the appeal was made; or
``(B) by an administrative judge.'';
(10) by striking subsection (a) of section 105 and
inserting the following new subsection:
``(a)(1) Notwithstanding any other provision of law, subject to
paragraph (3), the contracts and cooperative agreements entered into
with, and grants made to, tribal organizations pursuant to sections 102
and 103 shall not be subject to Federal contracting, discretionary
grant or cooperative agreement laws (including any regulations), except
to the extent that such laws expressly apply to Indian tribes.
``(2) Program standards applicable to a nonconstruction self-
determination contract shall be set forth in the contract proposal and
the final contract of the tribe or tribal organization.
``(3)(A) With respect to a construction contract (or a subcontract
of such a construction contract), the provisions of the Office of
Federal Procurement Policy Act (41 U.S.C. 401 et seq.) and the
regulations relating to acquisitions promulgated under such Act shall
apply only to the extent that the application of such provision to the
construction contract (or subcontract) is--
``(i) necessary to ensure that the contract may be carried
out in a satisfactory manner;
``(ii) directly related to the construction activity; and
``(iii) not inconsistent with this Act.
``(B) A list of the Federal requirements that meet the requirements
of clauses (i) through (iii) of subparagraph (A) shall be included in
an attachment to the contract pursuant to negotiations between the
Secretary and the tribal organization.
``(C)(i) Except as provided in subparagraph (B), no Federal law
listed in clause (ii) or any other provision of Federal law (including
an Executive order) relating to acquisition by the Federal Government
shall apply to a construction contract that a tribe or tribal
organization enters into under this Act, unless expressly provided in
such law.
``(ii) The laws listed in this paragraph are as follows:
``(I) The Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471 et seq.).
``(II) Section 3709 of the Revised Statutes.
``(III) Section 9(c) of the Act of Aug. 2, 1946 (60 Stat.
809, chapter 744).
``(IV) Title III of the Federal Property and Administrative
Services Act of 1949 (63 Stat. 393 et seq., chapter 288).
``(V) Section 13 of the Act of Oct. 3, 1944 (58 Stat. 770;
chapter 479).
``(VI) Chapters 21, 25, 27, 29, and 31 of title 44, United
States Code.
``(VII) Section 2 of the Act of June 13, 1934 (48 Stat 948,
chapter 483).
``(VIII) Sections 1 through 12 of the Act of June 30, 1936
(49 Stat. 2036 et seq. chapter 881).
``(IX) The Service Control Act of 1965 (41 U.S.C. 351 et
seq.).
``(X) The Small Business Act (15 U.S.C. 631 et seq.).
``(XI) Executive Order Nos. 12138, 11246, 11701 and
11758.'';
(11) by striking subsection (e) and inserting the following
new subsection:
``(e) If an Indian tribe, or a tribal organization authorized by a
tribe, requests retrocession of the appropriate Secretary for any
contract or portion of a contract entered into pursuant to this Act,
unless the tribe or tribal organization rescinds the request for
retrocession, such retrocession shall become effective on--
``(1) the earlier of--
``(A) the date that is 1 year after the date the
Indian tribe or tribal organization submits such
request; or
``(B) the date on which the contract expires; or
``(2) such date as may be mutually agreed by the Secretary
and the Indian tribe.'';
(12) by striking paragraph (2) of section 105(f) and
inserting the following new paragraph:
``(2) donate to an Indian tribe or tribal organization
title to any personal or real property found to be excess to
the needs of the Bureau of Indian Affairs, the Indian Health
Service, or the General Services Administration, except that--
``(A) subject to the provisions of subparagraph
(B), title to property and equipment furnished by the
Federal Government for use in the performance of the
contract or purchased with funds under any self-
determination contract or grant agreement shall, unless
otherwise requested by the tribe or tribal
organization, vest in the appropriate tribe or tribal
organization;
``(B) if property described in subparagraph (A) has
a value in excess of $5,000 at the time of the
retrocession, rescission, or termination of the self-
determination contract or grant agreement, at the
option of the Secretary, upon the retrocession,
rescission, or termination, title to such property and
equipment shall revert to the Department of the
Interior or the Department of Health and Human
Services, as appropriate; and
``(C) all property referred to in subparagraph (A)
shall remain eligible for replacement on the same basis
as if title to such property were vested in the United
States; and'';
(13) by adding at the end of section 105 the following new
subsections:
``(i)(1) If a self-determination contract requires the Secretary to
divide the administration of a program that has previously been
administered for the benefit of a greater number of tribes than are
represented by the tribal organization that is a party to the contract,
the Secretary shall take such action as may be necessary to ensure that
services are provided to the tribes not served by a self-determination
contract, including program redesign in consultation with the tribal
organization and all affected tribes.
``(2) Nothing in this title shall be construed to limit or reduce
in any way the funding for any program, project, or activity serving a
tribe under this or other applicable Federal law. Any tribe or tribal
organization that alleges that a self-determination contract is in
violation of this section may apply the provisions of section 110.
``(j) Upon providing notice to the Secretary, a tribal organization
that carries out a nonconstruction self-determination contract may
propose a redesign of a program, activity, function, or service carried
out by the tribal organization under the contract, including any
nonstatutory program standard, in such manner as to best meet the local
geographic, demographic, economic, cultural, health, and institutional
needs of the Indian people and tribes served under the contract. The
Secretary shall evaluate any proposal to redesign any program,
activity, function, or service provided under the contract. With
respect to declining to approve a redesigned program, activity,
function, or service under this subsection, the Secretary shall apply
the criteria and procedures set forth in section 102.
``(k) For purposes of section 201(a) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481(a)) (relating to
Federal sources of supply, including lodging providers, airlines and
other transportation providers), a tribal organization carrying out a
contract, grant, or cooperative agreement under this Act shall be
deemed an executive agency when carrying out such contract, grant, or
agreement and the employees of the tribal organization shall be
eligible to have access to such sources of supply on the same basis as
employees of an executive agency have such access.
``(l)(1) Upon the request of an Indian tribe or tribal
organization, the Secretary shall enter into a lease with the Indian
tribe or tribal organization that holds title to, a leasehold interest
in, or a trust interest in, a facility used by the Indian tribe or
tribal organization for the administration and delivery of services
under this Act.
``(2) The Secretary shall compensate each Indian tribe or tribal
organization that enters into a lease under paragraph (1) for the use
of the facility leased for the purposes specified in such paragraph.
Such compensation may include rent, depreciation based on the useful
life of the facility, principal and interest paid or accrued, operation
and maintenance expenses, and such other reasonable expenses that the
Secretary determines, by regulation, to be allowable.
``(m)(1) Each construction contract requested, approved, or awarded
under this Act shall be subject to--
``(A) except as otherwise provided in this Act, the
provisions of this Act, other than sections 102(a)(2), 106(m),
108 and 109; and
``(B) section 314 of the Department of the Interior and
Related Agencies Appropriations Act, 1991 (104 Stat. 1959).
``(2) In providing technical assistance to tribes and tribal
organizations in the development of construction contract proposals,
the Secretary shall provide, not later than 30 days after receiving a
request from a tribe or tribal organization, all information available
to the Secretary regarding the construction project, including
construction drawings, maps, engineering reports, design reports, plans
of requirements, cost estimates, environmental assessments or
environmental impact reports, and archaeological reports.
``(3) Prior to finalizing a construction contract proposal pursuant
to section 102(a), and upon request of the tribe or tribal organization
that submits the proposal, the Secretary shall provide for a
precontract negotiation phase in the development of a contract
proposal. Such phase shall include, at a minimum, the following
elements:
``(A) The provision of technical assistance pursuant to
section 103 and paragraph (2).
``(B) A joint scoping session between the Secretary and the
tribe or tribal organization to review all plans,
specifications, engineering reports, cost estimates, and other
information available to the parties, for the purpose of
identifying all areas of agreement and disagreement.
``(C) An opportunity for the Secretary to revise the plans,
designs, or cost estimates of the Secretary in response to
concerns raised, or information provided by, the tribe or
tribal organization.
``(D) A negotiation session during which the Secretary and
the tribe or tribal organization shall seek to develop a
mutually agreeable contract proposal.
``(E) Upon the request of the tribe or tribal organization,
the use of an alternative dispute resolution mechanism to seek
resolution of all remaining areas of disagreement pursuant to
the dispute resolution provisions under subchapter IV of
chapter 5 of title 5, United States Code.
``(F) The submission to the Secretary by the tribe or
tribal organization of a final contract proposal pursuant to
section 102(a).
``(4)(A) Subject to subparagraph (B), in funding a fixed-price
construction contract pursuant to section 106(a), the Secretary shall
provide for the following:
``(i) The reasonable costs to the tribe or tribal
organization for general administration incurred in connection
with the project that is the subject of the contract.
``(ii) The ability of the contractor that carries out the
construction contract to make a reasonable profit, taking into
consideration the risks associated with carrying out the
contract and other relevant considerations.
``(B) In establishing a contract budget for a construction project,
the Secretary shall not be required to separately identify the
components described in clauses (i) and (ii) of subparagraph (A).
``(C) The total amount awarded under a construction contract shall
reflect an overall fair and reasonable price to the parties, including
the following costs:
``(i) The reasonable costs to the tribal organization of
performing the contract, taking into consideration the terms of
the contract and the requirements of this Act and any other
applicable law.
``(ii) The costs of preparing the contract proposal and
supporting cost data.
``(iii) The costs associated with auditing the general and
administrative costs of the tribal organization associated with
the management of the construction contract.
``(iv) In the case of a fixed-price contract, a fair profit
determined by taking into consideration the relevant risks and
local market conditions.
``(v) If the Secretary and the tribe or tribal organization
are unable to develop a mutually agreeable construction
contract proposal pursuant to the procedures set forth in this
subsection, the tribe or tribal organization may submit a final
contract proposal to the Secretary. Not later than 30 days
after receiving such final contract proposal, the Secretary
shall approve the contract proposal and award the contract,
unless, during such period the Secretary declines the proposal
pursuant to sections 102(a)(2) and 102(b) of section 102
(including providing opportunity for an appeal pursuant to
section 102(b)).
``(n) Notwithstanding any other provision of law, the rental rates
for housing provided to an employee by the Federal Government in Alaska
pursuant to a self-determination contract shall be determined on the
basis of--
``(1) the reasonable value of the quarters and facilities
(as such terms are defined under section 5911 of title 5,
United States Code) to such employee, and
``(2) the circumstances under which such quarters and
facilities are provided to such employee,
as based on the cost of comparable private rental housing in the
nearest established community with a year-round population of 1,500 or
more individuals.'';
(14) in section 106(a)--
(A) in paragraph (1), by inserting before the
period at the end the following: ``, without regard to
any organizational level within the Department of the
Interior or the Department of Health and Human
Services, as appropriate, at which the program,
function, service, or activity or portion thereof,
including supportive administrative functions that are
otherwise contractable, is operated'';
(B) in paragraph (2), by inserting after ``consist
of'' the following: ``an amount for''; and
(C) by striking paragraph (3) and inserting the
following new paragraphs:
``(3)(A) The contract support costs that are eligible costs for the
purposes of receiving funding under this Act shall include the costs of
reimbursing each tribal contractor for reasonable and allowable costs
of--
``(i) direct program expenses for the operation of the
Federal program that is the subject of the contract, and
``(ii) any additional administrative or other expense
related to the overhead incurred by the tribal contractor in
connection with the operation of the Federal program, function,
service, or activity pursuant to the contract,
except that such funding shall not duplicate any funding provided under
section 106(a)(1).
``(B) On an annual basis, during such period as a tribe or tribal
organization operates a Federal program, function, service, or activity
pursuant to a contract entered into under this Act, the tribe or tribal
organization shall have the option to negotiate with the Secretary the
amount of funds that the tribe or tribal organization is entitled to
receive under such contract pursuant to this paragraph.
``(4) For each fiscal year during which a self-determination
contract is in effect, any savings attributable to the operation of a
Federal program, function, service, or activity under a self-
determination contract by a tribe or tribal organization (including a
cost reimbursement construction contract) shall--
``(A) be used to provide additional services or benefits
under the contract; or
``(B) be expended by the tribe or tribal organization in
the succeeding fiscal year, as provided in section 8.
``(5) Subject to paragraph (6), during the initial year that a
self-determination contract is in effect, the amount required to be
paid under paragraph (2) shall include startup costs consisting of the
reasonable costs that have been incurred or will be incurred on a one-
time basis pursuant to the contract necessary--
``(A) to plan, prepare for, and assume operation of the
program, function, service, or activity that is the subject of
the contract; and
``(B) to ensure compliance with the terms of the contract
and prudent management.
``(6) Costs incurred before the initial year that a self-
determination contract is in effect may not be included in the amount
required to be paid under paragraph (2) if the Secretary does not
receive a written notification of the nature and extent of the costs
prior to the date on which such costs are incurred.'';
(15) in section 106(c)--
(A) by striking ``March 15'' and inserting ``May
15'';
(B) in paragraphs (1) and (2), by striking
``indirect costs'' each place it appears and inserting
``contract support costs'';
(C) in paragraph (4), by striking ``and'' at the
end;
(D) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(E) by adding at the end the following new
paragraph:
``(6) an accounting of any deficiency of funds needed to
maintain the preexisting level of services to any tribes
affected by contracting activities under this Act, and a
statement of the amount of funds needed for transitional
purposes to enable contractors to convert from a Federal fiscal
year accounting cycle to a different accounting cycle, as
authorized by section 105(d).'';
(16) in section 106(f), by inserting immediately after the
second sentence the following new sentence: ``For the purpose
of determining the 365-day period specified in this paragraph,
an audit report shall be deemed to have been received on the
date of actual receipt by the Secretary, if, within 60 days
after receiving the report, the Secretary does not give notice
of a determination by the Secretary to reject the single-agency
report as insufficient due to noncompliance with chapter 75 of
title 31, United States Code, or noncompliance with any other
applicable law.'';
(17) by striking subsection (g) of section 106 and
inserting the following new subsection:
``(g) Upon the approval of a self-determination contract, the
Secretary shall add to the contract the full amount of funds to which
the contractor is entitled under section 106(a), subject to adjustments
for each subsequent year that such tribe or tribal organization
administers a Federal program, function, service, or activity under
such contract.'';
(18) by striking subsection (i) of section 106 and
inserting the following new subsection:
``(i) On an annual basis, the Secretary shall consult with, and
solicit the participation of, Indian tribes and tribal organizations in
the development of the budget for the Indian Health Service and the
Bureau of Indian Affairs (including participation of Indian tribes and
tribal organizations in formulating annual budget requests that the
Secretary submits to the President for submission to Congress pursuant
to section 1105 of title 31, United States Code).''; and
(19) by adding at the end of section 106 the following new
subsections:
``(j) Notwithstanding any other provision of law, a tribal
organization may use funds provided under a self-determination contract
to meet matching or cost participation requirements under other Federal
and non-Federal programs.
``(k) Without intending any limitation, a tribal organization may,
without the approval of the Secretary, expend funds provided under a
self-determination contract for the following purposes, to the extent
that the expenditure of the funds is supportive of a contracted
program:
``(1) Depreciation and use allowances not otherwise
specifically prohibited by law, including the depreciation of
facilities owned by the tribe or tribal organization.
``(2) Publication and printing costs.
``(3) Building, realty, and facilities costs, including
rental costs or mortgage expenses.
``(4) Automated data processing and similar equipment or
services.
``(5) Costs for capital assets and repairs.
``(6) Management studies.
``(7) Professional services, other than services provided
in connection with judicial proceedings by or against the
United States.
``(8) Insurance and indemnification, including insurance
covering the risk of loss of or damage to property used in
connection with the contract without regard to the ownership of
such property.
``(9) Costs incurred to raise funds or contributions from
non-Federal sources for the purpose of furthering the goals and
objectives of the self-determination contract.
``(10) Interest expenses paid on capital expenditures such
as buildings, building renovation, or acquisition or
fabrication of capital equipment, and interest expenses on
loans necessitated due to delays by the Secretary in providing
funds under a contract.
``(11) Expenses of a governing body of a tribal
organization that are attributable to the management or
operation of programs under this Act.
``(12) Costs associated with the management of pension
funds, self-insurance funds, and other funds of the tribal
organization that provide for participation by the Federal
Government.
``(l) The Secretary may only suspend, withhold, or delay the
payment of funds for a period of 30 days beginning on the date the
Secretary makes a determination under this paragraph to a tribal
organization under a self-determination contract, if the Secretary
determines that the tribal organization has failed to substantially
carry out the contract without good cause. In any such case, the
Secretary shall provide the tribal organization with reasonable advance
written notice, technical assistance (subject to available resources)
to assist the tribal organization, a hearing on the record not later
than 10 days after the date of such determination or such later date as
the tribal organization shall approve, and promptly release any funds
withheld upon subsequent compliance.
``(2) With respect to any hearing or appeal conducted pursuant to
this subsection, the Secretary shall have the burden of proof to
establish by clearly demonstrated evidence the validity of the grounds
for suspending, withholding, or delaying payment of funds.
``(m) The program income earned by a tribal organization in the
course of carrying out a self-determination contract--
``(1) shall be used by the tribal organization to further
the general purposes of the contract; and
``(2) shall not be a basis for reducing the amount of funds
otherwise obligated to the contract.
``(n) To the extent that programs, functions, services, or
activities carried out by tribal organizations pursuant to contracts
entered into under this Act reduce the administrative or other
responsibilities of the Secretary with respect to the operation of
Indian programs and result in savings that have not otherwise been
included in the amount of contract funds determined under subsection
(a), the Secretary shall make such savings available for the provision
of additional services to program beneficiaries, either directly or
through contractors, in a manner equitable to both direct and
contracted programs.
``(o) Notwithstanding any other provision of law (including any
regulation), a tribal organization that carries out a self-
determination contract may, with respect to allocations within the
approved budget of the contract, rebudget to meet contract
requirements, if such rebudgeting would not have an adverse effect on
the performance of the contract.''.
SEC. 3. CONTRACT SPECIFICATIONS.
The Indian Self-Determination Education Assistance Act (25 U.S.C.
450 et seq.) is amended by inserting after section 107 the following
new section:
``SEC. 108. CONTRACT OR GRANT SPECIFICATIONS.
``(a) Each self-determination contract entered into under this Act
shall--
``(1) contain, or incorporate by reference, the provisions
of the model agreement described in subsection (c) (with
modifications where indicated and the blanks appropriately
filled in), and
``(2) contain such other provisions as are agreed to by the
parties.
``(b) Notwithstanding any other provision of law, the Secretary may
make payments pursuant to section 1(b)(6) of such model agreement. As
provided in section 1(b)(7) of the model agreement, the records of the
tribal government or tribal organization specified in such section
shall not be considered Federal records for purposes of chapter 5 of
title 5, United States Code.
``(c) The model agreement referred to in subsection (a)(1) reads as
follows:
```SECTION 1. AGREEMENT BETWEEN THE SECRETARY AND THE ____ TRIBAL
GOVERNMENT.
```(a) Authority and Purpose.--
```(1) Authority.--This agreement, denoted a Self-
Determination Contract (referred to in this agreement as the
``Contract''), is entered into by the Secretary of the Interior
or the Secretary of Health and Human Services (referred to in
this agreement as the ``Secretary''), for and on behalf of the
United States pursuant to title I of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.) and by the authority of the ____ tribal government or
tribal organization (referred to in this agreement as the
``Contractor''). The provisions of title I of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.) are incorporated in this agreement.
```(2) Purpose.--Each provision of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.) and each provision of this Contract shall be liberally
construed for the benefit of the Contractor to transfer the
funding and the following related functions, services,
activities, and programs (or portions thereof), that are
otherwise contractable under section 102(a) of such Act,
including all related administrative functions, from the
Federal Government to the Contractor: (List functions,
services, activities, and programs).
```(b) Terms, Provisions, and Conditions.--
```(1) Term.--Pursuant to section 105(c)(1) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450j(c)(1)), the term of this contract shall be ____ years.
Pursuant to section 105(d)(1) of such Act (25 U.S.C. 450j(d)),
upon the election by the Contractor, the period of this
Contract shall be determined on the basis of a calendar year,
unless the Secretary and the Contractor agree on a different
period in the annual funding agreement incorporated by
reference in subsection (f)(2).
```(2) Effective date.--This Contract shall become
effective upon the date of the approval and execution by the
Contractor and the Secretary, unless the Contractor and the
Secretary agree on an effective date other than the date
specified in this paragraph.
```(3) Program standard.--The Contractor agrees to
administer the program, services, functions and activities (or
portions thereof) listed in subsection (a)(2) of the Contract
in conformity with the following standards: (list standards).
```(4) Funding amount.--Subject to the availability of
appropriations, the Secretary shall make available to the
Contractor the total amount specified in the annual funding
agreement incorporated by reference in subsection (f)(2). Such
amount shall not be less than the applicable amount determined
pursuant to section 106(a) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450j-1).
```(5) Limitation of costs.--The Contractor shall not be
obligated to continue performance that requires an expenditure
of funds in excess of the amount of funds awarded under this
Contract. If, at any time, the Contractor has reason to believe
that the total amount required for performance of this Contract
or a specific activity conducted under this Contract would be
greater than the amount of funds awarded under this Contract,
the Contractor shall provide reasonable notice to the
appropriate Secretary. If the appropriate Secretary does not
take such action as may be necessary to increase the amount of
funds awarded under this Contract, the Contractor may suspend
performance of the Contract until such time as additional funds
are awarded.
```(6) Payment.--
```(A) In general.--Payments to the Contractor
under this Contract shall--
```(i) be made as expeditiously as
practicable; and
```(ii) include financial arrangements to
cover funding during periods covered by joint
resolutions adopted by Congress making
continuing appropriations, to the extent
permitted by such resolutions.
```(B) Quarterly, semiannual, lump-sum, and other
methods of payment.--
```(i) In general.--Pursuant to section
108(b) of the Indian Self-Determination and
Education Assistance Act, and notwithstanding
any other provision of law, for each fiscal
year covered by this Contract, the Secretary
shall make available to the Contractor the
funds specified for the fiscal year under the
annual funding agreement incorporated by
reference pursuant to subsection (f)(2) by
paying to the Contractor, on a quarterly basis,
one-quarter of the total amount provided for in
the annual funding agreement for that fiscal
year, in a lump-sum payment or as semiannual
payments, or any other method of payment
authorized by law, in accordance with such
method as may be requested by the Contractor
and specified in the annual funding agreement.
```(ii) Method of quarterly payment.--If
quarterly payments are specified in the annual
funding agreement incorporated by reference
pursuant to subsection (f)(2), each quarterly
payment made pursuant to clause (i) shall be
made on the first day of each quarter of the
fiscal year, except that in any case in which
the contract year coincides with the Federal
fiscal year, payment for the first quarter
shall be made not later than the date that is
10 calendar days after the date on which the
Office of Management and Budget apportions the
appropriations for the fiscal year for the
programs, services, functions, and activities
subject to this Contract.
```(iii) Applicability.--Chapter 39 of
title 31, United States Code, shall apply to
the payment of funds due under this Contract
and the annual funding agreement referred to in
clause (i).
```(7) Records and monitoring.--
```(A) In general.--Except for previously provided
copies of tribal records that the Secretary
demonstrates are clearly required to be maintained as
part of the recordkeeping system of the Department of
the Interior or the Department of Health and Human
Services (or both), records of the Contractor shall not
be considered Federal records for purposes of chapter 5
of title 5, United States Code.
```(B) Recordkeeping system.--The Contractor shall
maintain a recordkeeping system and, upon reasonable
advance request, provide reasonable access to such
records to the Secretary.
```(C) Responsibilities of contractor.--The
Contractor shall be responsible for managing the day-
to-day operations conducted under this Contract and for
monitoring activities conducted under this Contract to
ensure compliance with the contract and applicable
Federal requirements. With respect to the monitoring
activities of the Secretary, the routine monitoring
visits shall be limited to not more than one
performance monitoring visit for this Contract by the
head of each operating division, departmental bureau,
or departmental agency, or duly authorized
representative of such head unless--
```(i) the Contractor agrees to one or more
additional visits; or
```(ii) the appropriate official determines
that there is reasonable cause to believe that
grounds for reassumption of the Contract,
suspension of contract payments, or other
serious contract performance deficiency may
exist.
No additional visit referred to in clause (ii) shall be
made until such time as reasonable advance notice that
includes a description of the nature of the problem
that requires the additional visit has been given to
the Contractor.
```(8) Property.--
```(A) In general.--As provided in section 105(f)
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450j(f)), at the request of
the Contractor, the Secretary may make available, or
transfer to the Contractor, all reasonably divisible
real property, facilities, equipment, and personal
property that the Secretary has used to provide or
administer the programs, services, functions, and
activities covered by this Contract. A mutually agreed
upon list specifying the property, facilities, and
equipment so furnished shall also be prepared by the
Secretary, with the concurrence of the Contractor, and
periodically revised by the Secretary, with the
concurrence of the Contractor.
```(B) Records.--The Contractor shall maintain a
record of all property referred to in subparagraph (A)
or other property acquired by the Contractor under
section 105(f)(2)(A) of such Act for purposes of
replacement.
```(C) Joint use agreements.--Upon the request of
the Contractor, the Secretary and the Contractor shall
enter into a separate joint use agreement to address
the shared use by the parties of real or personal
property that is not reasonably divisible.
```(D) Acquisition of property.--The Contractor is
granted the authority to acquire such excess property
as the Contractor may determine to be appropriate in
the judgment of the Contractor to support the programs,
services, functions, and activities operated pursuant
to this Contract.
```(E) Confiscated or excess property.--The
Secretary shall assist the Contractor in obtaining such
confiscated or excess property as may become available
to tribes, tribal organizations, or local governments.
```(F) Screener identification card.--A screener
identification card (General Services Administration
form numbered 2946) shall be issued to the Contractor
not later than the effective date of this Contract. The
designated official shall, upon request, assist the
Contractor in securing the use of the card.
```(G) Capital equipment.--The Contractor shall
determine the capital equipment, leases, rentals,
property, or services the Contractor requires to
perform the obligations of the Contractor under this
subsection, and shall acquire and maintain records of
such capital equipment, property rentals, leases,
property, or services through applicable procurement
procedures of the Contractor.
```(9) Availability of funds.--Notwithstanding any other
provision of law, any funds provided under this contract--
```(A) shall remain available until expended; and
```(B) with respect to such funds, no further--
```(i) approval by the Secretary, or
```(ii) justifying documentation from the
Contractor, shall be required prior to the
expenditure of such funds.
```(10) Transportation.--Beginning on the effective date of
this Contract, the Secretary shall authorize the Contractor to
obtain interagency motor pool vehicles and related services for
performance of any activities carried out under this Contract.
```(11) Federal program guidelines, manuals, or policy
directives.--Except as specifically provided in the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450
et seq.) the Contractor is not required to abide by program
guidelines, manuals, or policy directives of the Secretary,
unless otherwise agreed to by the Contractor and the Secretary,
or otherwise required by law.
```(12) Disputes.--
```(A) Third-party mediation defined.--For the
purposes of this Contract, the term ``third-party
mediation'' means a form of mediation whereby the
Secretary and the Contractor nominate a third party who
is not employed by or significantly involved with the
Secretary of the Interior, the Secretary of Health and
Human Services, or the Contractor, to serve as a third-
party mediator to mediate disputes under this Contract.
```(B) Alternative procedures.--In addition to, or
as an alternative to, remedies and procedures
prescribed by section 110 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450m-1), the parties to this Contract may jointly--
```(i) submit disputes under this Contract
to third-party mediation;
```(ii) submit the dispute to the
adjudicatory body of the Contractor, including
the tribal court of the Contractor;
```(iii) submit the dispute to mediation
processes provided for under the laws,
policies, or procedures of the Contractor; or
```(iv) use the administrative dispute
resolution processes authorized in subchapter
IV of chapter 5 of title 5, United States Code.
```(C) Effect of decisions.--The Secretary shall be
bound by decisions made pursuant to the processes set
forth in subparagraph (B), except that the Secretary
shall not be bound by any decision that significantly
conflicts with the interests of Indians or the United
States.
```(13) Administrative procedures of contractor.--Pursuant
to the Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et
seq.), the laws, policies, and procedures of the Contractor
shall provide for administrative due process (or the equivalent
of administrative due process) with respect to programs,
services, functions, and activities that are provided by the
Contractor pursuant to this Contract.
```(14) Successor annual funding agreement.--
```(A) In general.--Negotiations for a successor
annual funding agreement, provided for in subsection
(f)(2), shall begin not later than 120 days prior to
the conclusion of the preceding annual funding
agreement. Except as provided in section 105(c)(2) of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450j(c)(2)) the funding for each such
successor annual funding agreement shall only be
reduced pursuant to section 106(b) of such Act (25
U.S.C. 450j-1(b)).
```(B) Information.--The Secretary shall prepare
and supply relevant information, and promptly comply
with any request by the Contractor for information that
the Contractor reasonably needs to determine the amount
of funds that may be available for a successor annual
funding agreement, as provided for in subsection (f)(2)
of this Contract.
```(15) Contract requirements; approval by secretary.--
```(A) In general.--Except as provided in
subparagraph (B), for the term of the Contract, section
2103 of the Revised Statutes (25 U.S.C. 81) and section
16 of the Act of June 18, 1934 (48 Stat. 987, chapter
576; 25 U.S.C. 476), shall not apply to any contract
entered into in connection with this Contract.
```(B) Requirements.--Each Contract entered into by
the Contractor with a third party in connection with
performing the obligations of the Contractor under this
Contract shall--
```(i) be in writing;
```(ii) identify the interested parties,
the authorities of such parties, and purposes
of the Contract;
```(iii) state the work to be performed
under the Contract; and
```(iv) state the process for making any
claim, the payments to be made, and the terms
of the Contract, which shall be fixed.
```(c) Obligation of the Contractor.--
```(1) Contract performance.--Except as provided in
subsection (d)(2), the Contractor shall perform the programs,
services, functions, and activities as provided in the annual
funding agreement under subsection (f)(2) of this Contract.
```(2) Amount of funds.--The total amount of funds to be
paid under this Contract pursuant to section 106(a) shall be
determined in an annual funding agreement entered into between
the Secretary and the Contractor, which shall be incorporated
into this Contract.
```(3) Contracted programs.--Subject to the availability of
appropriated funds, the Contractor shall administer the
programs, services, functions, and activities identified in
this Contract and funded through the annual funding agreement
under subsection (f)(2).
```(4) Trust services for individual indians.--
```(A) In general.--To the extent that the annual
funding agreement provides funding for the delivery of
trust services to individual Indians that have been
provided by the Secretary, the Contractor shall
maintain at least the same level of service as the
Secretary provided for such individual Indians, subject
to the availability of appropriated funds for such
services.
```(B) Trust services to individual indians.--For
the purposes of this paragraph only, the term ``trust
services for individual Indians'' means only those
services that pertain to land or financial management
connected to individually held allotments.
```(5) Fair and uniform services.--The Contractor shall
provide services under this Contract in a fair and uniform
manner and shall provide access to an administrative or
judicial body empowered to adjudicate or otherwise resolve
complaints, claims, and grievances brought by program
beneficiaries against the Contractor arising out of the
performance of the Contract.
```(d) Obligation of the United States.--
```(1) Trust responsibility.--
```(A) In general.--The United States reaffirms the
trust responsibility of the United States to the ____
Indian tribe(s) to protect and conserve the trust
resources of the Indian tribe(s) and the trust
resources of individual Indians.
```(B) Construction of contract.--Nothing in this
Contract may be construed to terminate, waive, modify,
or reduce the trust responsibility of the United States
to the tribe(s) or individual Indians. The Secretary
shall act in good faith in upholding such trust
responsibility.
```(C) Good faith.--To the extent that health
programs are included in this Contract, and within
available funds, the Secretary shall act in good faith
in cooperating with the Contractor to achieve the goals
set forth in the Indian Health Care Improvement Act (25
U.S.C. 1601 et seq.).
```(2) Programs retained.--As specified in the annual
funding agreement, the United States hereby retains the
programs, services, functions, and activities with respect to
the tribe(s) that are not specifically assumed by the
Contractor in the annual funding agreement under subsection
(f)(2).
```(e) Other Provisions.--
```(1) Designated officials.--Not later than the effective
date of this Contract, the United States shall provide to the
Contractor, and the Contractor shall provide to the United
States, a written designation of a senior official to serve as
a representative for notices, proposed amendments to the
Contract, and other purposes for this Contract.
```(2) Contract modifications or amendment.--
```(A) In general.--Except as provided in
subparagraph (B), no modification to this Contract
shall take effect unless such modification is made in
the form of a written amendment to the Contract, and
the Contractor and the Secretary provide written
consent for the modification.
```(B) Exception.--The addition of supplemental
funds for programs, functions, and activities (or
portions thereof) already included in the annual
funding agreement under subsection (f)(2), and the
reduction of funds pursuant to section 106(b)(2), shall
not be subject to subparagraph (A).
```(3) Officials not to benefit.--No Member of Congress, or
resident commissioner, shall be admitted to any share or part
of any contract executed pursuant to this Contract, or to any
benefit that may arise from such contract. This paragraph may
not be construed to apply to any contract with a third party
entered into under this Contract if such contract is made with
a corporation for the general benefit of the corporation.
```(4) Covenant against contingent fees.--The parties
warrant that no person or selling agency has been employed or
retained to solicit or secure any contract executed pursuant to
this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting
bona fide employees or bona fide established commercial or
selling agencies maintained by the Contractor for the purpose
of securing business.
```(f) Attachments.--
```(1) Approval of contract.--Unless previously furnished
to the Secretary, the resolution of the ____ Indian tribe(s)
authorizing the contracting of the programs, services,
functions, and activities identified in this Contract is
attached to this Contract as attachment 1.
```(2) Annual funding agreement.--
```(A) In general.--The annual funding agreement
under this Contract shall only contain--
```(i) terms that identify the programs,
services, functions, and activities to be
performed or administered, the general budget
category assigned, the funds to be provided,
and the time and method of payment; and
```(ii) such other provisions, including a
brief description of the programs, services,
functions, and activities to be performed
(including those supported by financial
resources other than those provided by the
Secretary), to which the parties agree.
```(B) Incorporation by reference.--The annual
funding agreement is hereby incorporated in its
entirety in this Contract and attached to this Contract
as attachment 2.'''.
SEC. 4. ADDITIONAL AMENDMENTS.
The Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.), as amended by sections 2 and 3, is further
amended--
(1) in section 109--
(A) by inserting after ``pursuant to such contract
or grant agreement,'' the following ``or in the
management of trust fund, trust lands or interests in
such lands pursuant to such contract or grant
agreement,'';
(B) by striking ``action as prescribed by him'' and
all that follows through ``in such cases, he'' and
inserting the following: ``action as prescribed by the
Secretary to remedy the contract deficiency, except
that the appropriate Secretary may, upon written notice
to a tribal organization, and the tribe served by the
tribal organization, immediately rescind a contract or
grant, in whole or in part, and resume control or
operation of a program, activity, function, or service,
if the Secretary finds that (i) there is an immediate
threat of imminent harm to the safety of any person, or
imminent substantial and irreparable harm to trust
funds, trust lands, or interests in such lands, and
(ii) such threat arises from the failure of the
contractor to fulfill the requirements of the contract.
In such cases, the Secretary'';
(C) by inserting after ``rescind such contract or
grant agreement'' the following: ``, in whole or in
part,'';
(D) by striking the second period after ``the
tribal organization may approve''; and
(E) by inserting before the last sentence, the
following new sentence: ``In any hearing or appeal
provided for under this section, the Secretary shall
have the burden of proof to establish, by clearly
demonstrated evidence, the validity of the grounds for
rescinding, assuming, or reassuming the contract that
is the subject of the hearing.'';
(2) in section 110(a), by inserting immediately before the
period at the end the following: ``(including immediate
injunctive relief to reverse a declination finding under
section 102(a)(2) or to compel the Secretary to award and fund
an approved self-determination contract)''; and
(3) in section 110(d), by inserting immediately before the
period at the end the following: ``, except that all
administrative appeals relating to such contracts shall be
heard by the Interior Board of Contract Appeals established
pursuant to section 8 of such Act (41 U.S.C. 607)''.
SEC. 5. REGULATIONS.
The Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.), as amended by sections 2 through 4, is further
amended--
(1) by striking subsections (a) and (b) of section 107 and
inserting the following new subsections:
``(a)(1) Except as may be specifically authorized in this
subsection, or in any other provision of this Act, the Secretary of the
Interior and the Secretary of Health and Human Services may not
promulgate any regulation, nor impose any nonregulatory requirement,
relating to self-determination contracts or the approval, award, or
declination of such contracts, except that the Secretary of the
Interior and the Secretary of Health and Human Services may promulgate
regulations under this Act relating to chapter 171 of title 28, United
States Code, commonly known as the `Federal Tort Claims Act', the
Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.), declination and
waiver procedures, appeal procedures, reassumption procedures,
discretionary grant procedures for grants awarded under section 103,
property donation procedures arising under section 105(f), internal
agency procedures relating to the implementation of this Act,
retrocession and tribal organization relinquishment procedures,
contract proposal contents, conflicts of interest, construction,
programmatic reports and data requirements, procurement standards,
property management standards, and financial management standards.
``(2)(A) The regulations promulgated under this Act, including the
regulations referred to in this subsection, shall be promulgated--
``(i) in conformance with sections 552 and 553 of title 5,
United States Code and subsections (c), (d), and (e) of this
section; and
``(ii) as a single set of regulations in title 25 of the
Code of Federal Regulations.
``(B) The authority to promulgate regulations set forth in this Act
shall expire if final regulations are not promulgated within 18 months
after the date of enactment of the Indian Self-Determination Contract
Reform Act of 1994.
``(b) The provisions of this Act shall supersede any conflicting
provisions of law (including any conflicting regulations) in effect on
the day before the date of enactment of the Indian Self-Determination
Contract Reform Act of 1994, and the Secretary is authorized to repeal
any regulation inconsistent with the provisions of this Act.''; and
(2) by adding at the end of section 107, the following new
subsections:
``(d)(1) In drafting and promulgating regulations as provided in
subsection (a) (including drafting and promulgating any revised
regulations), the Secretary of the Interior and the Secretary of Health
and Human Services shall confer with, and allow for active
participation by, representatives of Indian tribes, tribal
organizations, and individual tribal members.
``(2)(A) In carrying out rulemaking processes under this Act, the
Secretary of the Interior and the Secretary of Health and Human
Services shall follow the guidance of--
``(i) subchapter III of chapter 5 of title 5, United States
Code, commonly known as the `Negotiated Rulemaking Act of
1990'; and
``(ii) the recommendations of the Administrative Conference
of the United States numbered 82-4 and 85-5 entitled
`Procedures for Negotiating Proposed Regulations' under
sections 305.82-4 and 305.85-5 of title 1, Code of Federal
Regulations, and any successor recommendation or law (including
any successor regulation).
``(B) The tribal participants in the negotiation process referred
to in subparagraph (A) shall be nominated by and shall represent the
groups described in this paragraph and shall include tribal
representatives from all geographic regions.
``(C) The negotiations referred to in subparagraph (B) shall be
conducted in a timely manner. Proposed regulations to implement the
amendments made by the Indian Self-Determination Contract Reform Act of
1994 shall be published in the Federal Register by the Secretary of the
Interior and the Secretary of Health and Human Services not later than
180 days after the date of enactment of such Act.
``(D) Notwithstanding any other provision of law (including any
regulation), the Secretary of the Interior and the Secretary of Health
and Human Services are authorized to jointly establish and fund such
interagency committees or other interagency bodies, including advisory
bodies comprised of tribal representatives, as may be necessary or
appropriate to carry out the provisions of this Act.
``(E) If the Secretary determines that an extension of the
deadlines under subsection (a)(2)(B) and subparagraph (C) of this
paragraph is appropriate, the Secretary may submit proposed legislation
to Congress for the extension of such deadlines.
``(e) The Secretary may, with respect to a contract entered into
under this Act, make exceptions in the regulations promulgated to carry
out this Act, or waive such regulations, if the Secretary finds that
such exception or waiver is in the best interest of the Indians served
by the contract or 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. 6. CONFORMING AMENDMENTS.
Section 105(h) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450j(h)) is amended by striking ``and the
rules and regulations adopted by the Secretaries of the Interior and
Health and Human Services pursuant to section 107 of this Act''.
Passed the Senate October 6 (legislative day, September
12), 1994.
Attest:
MARTHA S. POPE,
Secretary.