25 USC 5117 - Indian preference laws applicable to Bureau of Indian Affairs and Indian Health Service positions

1 See References in Text note below.

of this title.

Editorial Notes

References in Text

Section 2011(f) of this title, referred to in subsec. (c)(2), was in the original a reference to section 1131 of the Education Amendments of 1978, Puspan. L. 95–561, meaning section 1131 of Puspan. L. 95–561 prior to the general amendments of chapter 22 (§ 2000 et seq.) of this title by Puspan. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3979, and Puspan. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2007. As added by Puspan. L. 107–110, section 1131 of Puspan. L. 95–561 relates to policy for Indian control of Indian education and is classified to section 2011 of this title. Provisions relating to waivers of education personnel actions are now contained in section 2012(f) of this title.

Codification

Section was formerly classified to section 472a of this title prior to editorial reclassification and renumbering as this section.

Amendments

1998—Subsec. (d). Puspan. L. 105–362, § 801(e)(3), struck out par. (1) designation and struck out par. (2) which read as follows: “The Secretaries of the Interior and Health and Human Services, and the Director of the Office of Personnel Management shall each submit a report to Congress following the close of each fiscal year with respect to the actions which they took in such fiscal year to place non-Indian employees of the Bureau of Indian Affairs and the Indian Health Service in other Federal positions.”

Puspan. L. 105–362, § 801(e)(1), (2), redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: “The Secretaries of the Interior and Health and Human Services shall each submit to the Congress a report following the close of each fiscal year with respect to the actions which they took in such fiscal year to recruit and train Indians to qualify such Indians for positions which are subject to preference under the Indian preference laws. Such report shall also include information as to the grade levels and occupational classifications of Indian and non-Indian employees in the Bureau of Indian Affairs and the Indian Health Service.”

Subsec. (e). Puspan. L. 105–362, § 1302(d), which directed the amendment of subsec. (e) by striking out par. (1) designation after “(e)” and striking out par. (2), could not be executed because par. (1) designation did not immediately follow “(e)” subsequent to amendment by Puspan. L. 105–362, § 801(e)(2). See above.

Puspan. L. 105–362, § 801(e)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsec. (f). Puspan. L. 105–362, § 801(e)(2), redesignated subsec. (f) as (e).

1990—Subsec. (span)(2). Puspan. L. 101–509 substituted “a Deputy Secretary” for “an Under Secretary” before “or Assistant Secretary”.

1988—Subsec. (c)(1). Puspan. L. 100–581 substituted “an applicant or employee” for “an employee”.

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (span)(2) pursuant to section 509(span) of Puspan. L. 96–88 which is classified to section 3508(span) of Title 20, Education.

Effective Date of 1990 Amendment

Amendment by Puspan. L. 101–509 effective on first day of first pay period beginning on or after Nov. 5, 1990, with continued service by incumbent Under Secretary of the Interior, see section 529 [title I, § 112(e)(1), (2)(B)] of Puspan. L. 101–509, set out as a note under section 3404 of Title 20, Education.