Page:United States Statutes at Large Volume 102 Part 3.djvu/339

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-472—OCT. 5, 1988

102 STAT. 2291

"(1) Section 3372 of title 5, United States Code, is further amended by adding a new subsection (d) as follows:

  • (d) Where the employee is assigned to a tribal organization, the

employee shall be eligible for promotions, periodic step-increases, additional step-increases, merit pay, and cash awards, as defined in chapters 53 and 54 of this title, on the same basis as other Federal employees.'. (m) The status of an Indian appointed to the Federal service under an excepted appointment under the authority of section 12 of the Act of June 18, 1934 (25 U.S.C. 472), or any other provision of law granting a preference to Indians in personnel actions, shall be converted to a career appointment in the competitive service after three years of continuous service and satisfactory performance. The conversion shall not alter the Indian's eligibility for preference in personnel actions.". SEC. 204. ADMINISTRATIVE PROVISIONS.

Section 106 of the Indian Self-Determination Act is amended— 25 USC 450j. (a) by redesignating such section as section 105; (b) by striking the phrase "sections 102 and 103" in subsection (a) of such section and inserting, in lieu thereof, the phrase "section 102"; (c) by changing the period at the end of subsection (a) of such section to a colon and adding the following new proviso at the end thereof: "Provided further. That, except for construction contracts (or sub-contracts in such cases where the tribal contractor has sub-contracted the activity), the Office of Federal Procurement Policy Act (88 Stat. 796; 41 U.S.C. 401 et seq.) and Federal acquisition regulations promulgated thereunder shall not apply to self-determination contracts."; (d) by striking the phrase "sections 102, 103, and 104" in suteection (b) of such section and inserting, in lieu thereof, the phrase "sections 102 and 103"; (e) by striking subsections (c), (d), and (e) of such section and inserting, in lieu thereof, the following: "(c)(l) A self-determination contract shall be— "(A) for a term not to exceed three years in the case of other than a mature contract, unless the appropriate Secretary and the tribe agree that a longer term would be advisable, and "(B) for an indefinite term in the case of a mature contract. The amounts of such contracts shall be subject to the availability of appropriations. '(2) The amounts of such contracts may be renegotiated annually to reflect changed circumstances and factors, including, but not limited to, cost increases beyond the control of the tribal organization. "(d)(1) No later than fiscal year 1990, the Secretary shall begin using the calendar year as the basis for contracts and agreements under this Act except for instances where the Secretary and the Indian tribe or tribal organization agree on a different period. "(2) The Secretary shall submit a report to the Congress within Reports. ninety days of enactment of the Indian Self-Determination and Education Assistance Act Amendments of 1988 on the amounts of any additional obligational authority needed to implement this subsection in fiscal year 1989. "(e) Whenever an Indian tribe requests retrocession of the appro- Effective date. priate Secretary for any contract entered into pursuant to this Act,