Contract Support Costs Advisory Group - Charter

Refer to: ODSCT

1. PURPOSE. The Contract Support Costs Advisory Group (CSCAG) will provide information and advice to the Indian Health Service (IHS) to provide for a uniform and equitable system of determining, paying, and reconciling Contract Support Costs (CSC) funds for new, expanded, and ongoing Indian Self-Determination and Education Assistance Act (ISDEAA) contracts and compacts.
2. AUTHORITY. In recognition of the unique political and legal relationship that Indian Tribes have with the Federal Government, and pursuant to Presidential Executive Order No. 13175 (November 6, 2000) and the Presidential Memorandum of November 5, 2009, the Department of Health and Human Services and the IHS, have established a Tribal Consultation Policy for working with federally recognized Tribes on a Government-to­Govemment basis. It is the IHS policy that consultation with Indian Tribes will occur, to the extent practicable and permitted by law, before any action is taken that will significantly affect Indian Tribes. The IHS CSC policy is located in the Indian Health Manual at Part 6, Chapter 3.
3. MEMBERSHIP. The CSCAG is comprised of Federal and Tribal officials. Tribal membership must comply with Federal Advisory Committee Act (FACA) Intergovernmental exemption requirements (2 U.S.C. § 1534(b)). The structure of the CSCAG is:
   1. Executive Sponsors. The IHS Executive Sponsors provide strategic leadership, direction, and guidance. The Executive Sponsors are:
   1. Deputy Director for Management Operations; and
   2. Deputy Director for Intergovernmental Affairs.
   2. IHS Federal Officials. The IHS Federal Officials provide subject matter, program, and policy expertise. The IHS Federal Officials may designate alternates as needed. An Executive Sponsor will designate no more than fourteen (14) IHS Federal Officials (excluding alternates). Designees may include, but are not limited to:
   1. Director, Office of Direct Service and Contracting Tribes (ODSCT);
   2. CSC Director, ODSCT;
   3. Director, Office of Tribal Self-Governance;
   4. Director, Office of Finance and Accounting;
   5. Director, Office of Quality;
   6. Area Directors;
   7. Agency Lead Negotiators;
   8. Area Director, Appointed Official, (Area Self-Detennination Specialist for Title I Contract Activities); and
   9. Financial Management Officers.
   3. Tribal Representatives. Tribal Representatives provide leadership, direction, input, and guidance to the CSCAG. Members include, but are not limited to:
      1. one elected Tribal Leader and one elected Tribal Leader alternate, minimum, per IHS Area. Area Tribal Leaders will be selected by the IHS Area Director in consultation with Area Tribes;
      2. one elected Tribal Leader, representing his or her Tribe, who is a member of the Tribal Self-Governance Advisory Committee (TSGAC). The elected Tribal Chair of the TSGAC will provide the name of the selected individual to the IHS CSCAG Executive Sponsors; and
      3. one elected Tribal Leader, representing his or her Tribe, who is a member of the Direct Service Tribes Advisory Committee (DSTAC). The elected Tribal Chair of the DST AC will provide the name of the selected individual to the IHS CSCAG Executive Sponsors.
   4. Ad Hoc Membership/Workgroups. Ad Hoc Members/Workgroups will not have voting rights, but may be added as needed to gather additional information. Ad Hoc membership may include other Federal and Tribal representatives. Standing Ad Hoc membership will be determined as needed.
4. RESPONSIBILITIES.
1. The Executive Sponsors. Will establish a CSCAG for the purpose stated above.
2. Tribal Co-Chair. Tribal Representatives will elect one Tribal CSCAG member to serve as the Tribal Co-Chair of the CSCAG, for a tenn not to exceed 4 years, by majority vote. In coordination with the Federal Co-Chair, the Tribal Co-Chair will:
1. lead CSCAG meetings;
2. establish and activate Ad Hoc workgroups to research and report on specific CSCAG concerns, and provide summary of meeting activities;
3. coordinate tasks and reports among workgroups; and
4. represent the position(s) of the CSCAG at IHS leadership meetings or other meetings, as required.
3. Federal Co-Chair. The CSC Director, ODSCT, will serve as the Federal Co-Chair of the CSCAG. In coordination with the Tribal Co-Chair, the Federal Co-Chair will:
1. coordinate meetings of the CSCAG to include key topical areas necessary to implement the IHS CSC policy and meet statutory requirements of the ISDEAA, lead the CSCAG meetings;
2. establish and activate Ad Hoc workgroups to research and report on specific CSCAG concerns, and provide summary of meeting activities;
3. coordinate tasks and reports among workgroups;
4. incorporate input from the CSCAG into recommendations for the IHS to consider;
5. report the advice of the CSCAG at the IHS leadership meetings or other meetings, as required; and
6. ensure compliance with the FACA exemption at 2 U.S.C. § 1534(b), where (1) meetings are held exclusively between Federal officials and elected officers of State, local, and Tribal Governments ( or their designated employees with authority to act in their behalf) acting in their official capacities; and (2) such meetings are solely for the purposes of exchanging views, information, or advice relating to the management or implementation of Federal programs established pursuant to public law that explicitly or inherently share intergovernmental responsibilities or administration.
4. Secretary. The Federal Co-Chair will appoint a designee from the ODSCT to serve as the Secretary of the CSCAG. The Secretary will:
1. work in coordination with the Tribal Co-Chair and Federal Co-Chair to provide necessary meeting documents;
2. maintain and make available CSCAG records, including CSCAG meeting minutes, CSCAG membership list, CSCAG draft recommendations, etc.
5. The CSCAG will:
1. provide advice and recommendations on the implementation of the IHS CSC policy;
2. identify priorities, issues, and provide advice to improve the IHS CSC policy;
3. consider input from workgroup members on proposed policy recommendations, improvements, or changes; and
4. communicate CSCAG issues, concerns, and priorities to the Co-Chairs and Executive Sponsors.
5. VOTING. The CSCAG will utilize voting when electing a Tribal Co-Chair and when proposing recommendations on CSC policy, reporting, or tools, to advance for consideration by the IHS Director.
1. Quorum. A quorum will be required to conduct CSCAG business, which will be comprised of 50 percent of Federal voting members and 50 percent of Tribal voting members.
2. Vote on Motions. A simple majority vote will determine the acceptance or rejection of a given motion. In the event of a tie vote, the CSCAG Federal Co-Chair will cast a vote for the motion to proceed or not proceed.
6. MEETINGS.
1. Scheduled Meetings. Subject to availability of funding, the CSCAG will hold a minimum of one annual meeting.
2. Attendance by Members of the Public. Members of the public may attend the CSCAG meeting, but may not participate.
7. TRAVEL. Subject to the availability of funds, the IHS will provide travel funding to one elected Tribal Leader representative per Area, if an in-person meeting is scheduled.
8. SUPERSEDURE. None.
9. EFFECTIVE DATE. This IHS Circular is ef ective upon the date of signature.

Distribution: IHS-wide
Date: 05/20/2021