Indian Preference Act of 1989

Summary

Buy Indian Act Amendments of 1989 - Provides that contracts or grants under Acts authorizing Federal contracts with, or grants to, Indian organizations shall require that preferences in the training and employment, and the awarding of subcontracts and subgrants in connection with the administration of such contracts or grants, be accorded to Indians. Provides that comparable preferences imposed by an Indian tribe shall apply to a procurement activity which is to take place on a tribal reservation if the governing body of the tribe has established an office to enforce such preferences. Requires Federal agencies administering funds appropriated for the benefit of Indians to provide a preference for Indian-owned and Indian-controlled enterprises in the award of any contract in which 51 percent or more of such funds were appropriated for the benefit of Indians. Provides that such preference shall have priority over all Federal procurement preferences. Authorizes the Secretary of the Interior to authorize preferences in the award of contracts by such agencies if the preferences will help to fulfill the Secretary's responsibilities toward Indians. Requires Federal agencies to implement preferences by limiting the competition for the awarding of a contract to Indian-owned and Indian-controlled enterprises if: (1) two or more of such enterprises are ready and able to perform the contract; or (2) only one such enterprise is available and the agency has a method to determine the responsibility of such enterprise and the reasonableness of the bid submitted for such contract. Provides that if it is not feasible for an agency to limit the competition for a contract award, such contract shall be awarded after open competition to the lowest bidder, subject to certain conditions. Provides that preference requirements may be waived only upon extraordinary circumstances and by certain officials. Directs Federal agencies, at the beginning of each fiscal year, to prepare procurement schedules to advertise contracts that cannot be awarded under limited competition. Authorizes Indian-owned and Indian-controlled enterprises that are certified by the Advisory Committee on Indian Preference as eligible for preferences and that are not engaged in construction activities to enter into joint ventures with ineligible enterprises so long as the eligible enterprise owns and controls at least 51 percent of the joint venture. Provides that such enterprises shall not remain eligible if either enterprise has participated in two or more of such joint ventures. Establishes an Advisory Committee on Indian Preference. Outlines the responsibilities of the Committee, including: (1) the certification of Indian enterprises that meet Committee preference criteria; and (2) the development of programs that ensure that Federal funds for the benefit of Indians assist in the promotion of economic development. Requires the Secretary to be responsible for coordinating and providing staff to the Committee. Authorizes the Secretary to enter into contracts with nonprofit Indian organizations to provide support services to the Committee. Authorizes appropriations.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 31 January 1989

   Introduced

   Read twice and referred to the Committee on Indian Affairs.

   Source: IntroReferral

2. 31 January 1989

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 11 May 1989

   Committee

   Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 101-147.

   Source: Committee

4. 15 September 1989

   Reported

   Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

   Source: Committee

5. 20 November 1989

   Calendars

   Placed on Senate Legislative Calendar under General Orders. Calendar No. 411.

   Source: Calendars

6. 20 November 1989

   Reported

   Committee on Indian Affairs. Reported to Senate by Senator Inouye with an amendment in the nature of a substitute. With written report No. 101-218.

   Source: Committee

7. 20 November 1989

   Reported

   Committee on Indian Affairs. Reported to Senate by Senator Inouye with an amendment in the nature of a substitute. With written report No. 101-218.

   Source: Committee

8. 7 February 1990

   Floor

   Measure laid before Senate by unanimous consent.

   Source: Floor

9. 7 February 1990

   Passed

   Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

   Source: Floor

10. 20 February 1990

    Floor

    Received in the House.

    Source: Floor

11. 20 February 1990

    Floor

    Message on Senate action sent to the House.

    Source: Floor

12. 20 February 1990

    Introduced

    Referred to the House Committee on Interior and Insular Affairs.

    Source: IntroReferral

13. 30 April 1990

    Committee

    Executive Comment Received from Justice.

    Source: Committee

14. 10 October 1990

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

15. 10 October 1990

    Reported

    Ordered to be Reported (Amended).

    Source: Committee

16. 19 October 1990

    Calendars

    Placed on the Union Calendar, Calendar No. 556.

    Source: Calendars

17. 19 October 1990

    Reported

    Reported (Amended) by the Committee on Interior and Insular Affairs. H. Rept. 101-904.

    Source: Committee

18. 19 October 1990

    Reported

    Reported (Amended) by the Committee on Interior and Insular Affairs. H. Rept. 101-904.

    Source: Committee

19. 20 October 1990

    Passed

    Passed/agreed to in House: On passage Passed without objection.

    Source: Floor

20. 20 October 1990

    Floor

    Considered by unanimous consent.

    Source: Floor

21. 20 October 1990

    Floor

    Mr. Richardson asked unanimous consent to discharge from the Union Calendar and consider.

    Source: Floor

22. 20 October 1990

    Discharge

    Discharged from Union Calendar.

    Source: Discharge

23. 20 October 1990

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

24. 20 October 1990

    Passed

    On passage Passed without objection.

    Source: Floor

25. 22 October 1990

    Floor

    Message on House action received in Senate and held at desk: House amendment to Senate bill.

    Source: Floor

26. 23 October 1990

    Passed

    Senate agreed to the House amendment by Voice Vote.

    Source: ResolvingDifferences

27. 23 October 1990

    Passed

    Resolving differences -- Senate actions: Senate agreed to the House amendment by Voice Vote.

    Source: NotUsed

28. 24 October 1990

    Floor

    Message on Senate action sent to the House.

    Source: Floor

29. 9 November 1990

    Floor

    Presented to President.

    Source: Floor

30. 9 November 1990

    President

    Presented to President.

    Source: President

31. 9 November 1990

    Floor

    Measure Signed in Senate.

    Source: Floor

32. 21 November 1990

    President

    Pocket Vetoed by President.

    Source: President

33. 21 November 1990

    President

    Pocket Vetoed by President.

    Source: President

Votes

No vote records are attached yet.

Versions

• Engrossed Amendment House · undated · Official file
• Enrolled Bill · undated · Official file
• Engrossed in Senate · undated · Official file
• Introduced in Senate · undated · Official file
• Referred in House · undated · Official file
• Reported in House · undated · Official file
• Reported to Senate · undated · Official file

Documents

11 official files

• Reported to Senate (text)

  Reported to Senate · EN

  ViewDownloadOpen at official source

• Reported in House (text)

  Reported in House · EN

  ViewDownloadOpen at official source

• Referred in House (text)

  Referred in House · EN

  ViewDownloadOpen at official source

• Introduced in Senate (text)

  Introduced in Senate · EN

  ViewDownloadOpen at official source

• Engrossed in Senate (text)

  Engrossed in Senate · EN

  ViewDownloadOpen at official source

• Enrolled Bill (text)

  Enrolled Bill · EN

  ViewDownloadOpen at official source

• Engrossed Amendment House (text)

  Engrossed Amendment House · EN

  ViewDownloadOpen at official source

• Passed House amended

  summary · EN · 20 October 1990

  Open at official source

• Passed Senate amended

  summary · EN · 7 February 1990

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 20 November 1989

  Open at official source

• Introduced in Senate

  summary · EN · 31 January 1989

  Open at official source

Sponsors

• Sen. Inouye, Daniel K. [D-HI] · D · Sponsor
• Sen. McCain, John [R-AZ] · R · Sponsor
• Sen. Burdick, Quentin N. [D-ND] · D · Sponsor
• Sen. Conrad, Kent [D-ND] · D · Sponsor
• Rep. Cochran, Thad [R-MS-4] · R · Sponsor
• Sen. DeConcini, Dennis [D-AZ] · D · Cosponsor
• · hsii00 · Standing
• · slia00 · Other

Related records

• related to → Indian Contract Preference Reform Act