|
U.S. Code as of:
01/19/04
Section 472a. Indian preference laws applicable to Bureau of Indian Affairs and Indian Health Service positions
(a) Establishment of retention categories for purposes of
reduction-in-force procedures
For purposes of applying reduction-in-force procedures under
subsection (a) of section 3502 of title 5 with respect to positions
within the Bureau of Indian Affairs and the Indian Health Service,
the competitive and excepted service retention registers shall be
combined, and any employee entitled to Indian preference who is
within a retention category established under regulations
prescribed under such subsection to provide due effect to military
preference shall be entitled to be retained in preference to other
employees not entitled to Indian preference who are within such
retention category.
(b) Reassignment of employees other than to positions in higher
grades; authority to make determinations respecting
(1) The Indian preference laws shall not apply in the case of any
reassignment within the Bureau of Indian Affairs or within the
Indian Health Service (other than to a position in a higher grade)
of an employee not entitled to Indian preference if it is
determined that under the circumstances such reassignment is
necessary -
(A) to assure the health or safety of the employee or of any
member of the employee's household;
(B) in the course of a reduction in force; or
(C) because the employee's working relationship with a tribe
has so deteriorated that the employee cannot provide effective
service for such tribe or the Federal Government.
(2) The authority to make any determination under subparagraph
(A), (B), or (C) of paragraph (1) is vested in the Secretary of the
Interior with respect to the Bureau of Indian Affairs and the
Secretary of Health and Human Services with respect to the Indian
Health Service, and, notwithstanding any other provision of law,
the Secretary involved may not delegate such authority to any
individual other than a Deputy Secretary or Assistant Secretary of
the respective department.
(c) Waiver of applicability in personnel actions; scope,
procedures, etc.
(1) Notwithstanding any provision of the Indian preference laws,
such laws shall not apply in the case of any personnel action
respecting an applicant or employee not entitled to Indian
preference if each tribal organization concerned grants, in
writing, a waiver of the application of such laws with respect to
such personnel action.
(2) The provisions of section 8336(j) of title 5 shall not apply
to any individual who has accepted a waiver with respect to a
personnel action pursuant to paragraph (1) of this subsection or to
section 2011(f) (!1) of this title.
(d) Placement of non-Indian employees in other Federal positions;
assistance of Office of Personnel Management; cooperation of
other Federal agencies
The Office of Personnel Management shall provide all appropriate
assistance to the Bureau of Indian Affairs and the Indian Health
Service in placing non-Indian employees of such agencies in other
Federal positions. All other Federal agencies shall cooperate to
the fullest extent possible in such placement efforts.
(e) Definitions
For purposes of this section -
(1) The term "tribal organization" means -
(A) the recognized governing body of any Indian tribe, band,
nation, pueblo, or other organized community, including a
Native village (as defined in section 1602(c) of title 43); or
(B) in connection with any personnel action referred to in
subsection (c)(1) of this section, any legally established
organization of Indians which is controlled, sanctioned, or
chartered by a governing body referred to in subparagraph (A)
of this paragraph and which has been delegated by such
governing body the authority to grant a waiver under such
subsection with respect to such personnel action.
(2) The term "Indian preference laws" means section 472 of this
title or any other provision of law granting a preference to
Indians in promotions and other personnel actions.
(3) The term "Bureau of Indian Affairs" means (A) the Bureau of
Indian Affairs and (B) all other organizational units in the
Department of the Interior directly and primarily related to
providing services to Indians and in which positions are filled
in accordance with the Indian preference laws.
|
|