Indian Self-Determination and Education Assistance Act Amendments of 1988

Summary

Indian Self-Determination Amendments of 1987 - Amends the Indian Self-Determination and Education Assistance Act of 1975 to make a tribal organization, in cases where the Indian Health Service has no direct care facilities and the Indian tribes are served by such tribal organization, eligible to receive a contract for the performance of services provided the tribal organization has the approval of each tribe it proposes to serve. Directs the Secretary of the Interior, upon the request of an Indian tribe, to enter into construction contracts with tribal organizations for the benefit of such tribes. Extends the Secretary's authority to enter into such contracts with such tribal organizations to administer education program functions even when such functions (including construction programs) are the subject of appropriations made to other agencies and regardless of the office within which they are performed in the Department of the Interior. Requires contract declination appeals and hearings to be conducted under the same procedures as other declinations. Extends the Secretary of Health and Human Services' authority to enter into contracts with Indian tribal organizations to implement hospital and health facility functions even when such functions are the subject of appropriations made to other agencies or regardless of the office within which they are performed in the Department of Health and Human Services. Requires a tribal organization which has entered into such contracts with the Secretary of Health and Human Services to be treated as an agency within the Department of Health and Human Services for purposes of the Federal Tort Claims Act with respect to a tort arising out of the performance of such contracts. Extends the eligibility period with respect to the retention of specified Federal benefits by employees who leave Federal employment to be employed by a tribal organization. Provides, upon the request of a tribe, for the waiver of Federal contracting laws with respect to contracts entered into under this Act, unless declined under specified criteria. Allows the appropriate Secretary to transfer title to personal property found to be in excess of the needs of the Bureau of Indian Affairs or Indian Health Service to an Indian tribe that has received a contract or grant with respect to the provision of educational or health care facility programs. Sets forth specified requirements with respect to contracts entered into under this Act. Requires the appropriate Secretary to provide a supplemental report to the Congress on or before June 15 of each year identifying any deficiency of funds needed to provide contract support costs to contractors. Requires the appropriate Secretary, in order to meet tribal requests, to designate an official of the Bureau of Indian Affairs or the Indian Health Service to supervise the review of contracts by such agencies. Requires the appropriate Secretary to designate officials who are not employed by the Bureau or the Service to conduct hearings in contract declination appeals. Sets forth specified provisions with respect to indirect costs on contracts negotiated between a tribe or tribal organization and a Federal agency. Provides that funds obligated under this Act but not expended may be expended during the next succeeding fiscal year. Requires contracts entered into pursuant to this Act to be subject to the Contract Disputes Act of 1978.

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Documents

6 official files

• Public Law (PDF)

  Public Law · EN · 6 October 1988

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• House agreed to Senate amendment with amendment

  summary · EN · 9 September 1988

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• Passed Senate amended

  summary · EN · 27 May 1988

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• Passed House amended

  summary · EN · 27 October 1987

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• Reported to House with amendment(s)

  summary · EN · 26 October 1987

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• Introduced in House

  summary · EN · 24 February 1987

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