Pub. L. 100-472, tit. II, sec. 203

PERSONNEL

EnactedYear: 1988Length: 408 wordsOfficial source
SEC. 203. PERSONNELSection 105 of the Indian Self-Determination Act is amended by— (a) redesignating such section as section 104; (b) striking the phrase “section 4(c)” in subsection (a) of such section, amending section 3371(2) of title 5, United States Code, and inserting, in lieu thereof, the phrase “section 4(m)”; (c) striking the phrase “sections 102, 103, and 104” in subsection (b) of such section, amending section 8 of the Act of August 5, 1954 (68 Stat. 674), and inserting, in lieu thereof, the phrase “sections 102 and 103”; (d) deleting the words “on or before December 31, 1988” in subsection (e) of such section; (e) in paragraph (2) of subsection (e) of such section— (1) inserting “or chapter 84 (‘Federal Employees Retirement System’)” after “chapter 83 (‘Retirement’)” and before “of title 5”; and (2) striking out “Notwithstanding any other law,” and inserting in lieu thereof “Notwithstanding the provisions of sections 8347(o), 8713, and 8914 of title 5, United States Code”; and (f) by adding the following new subsections (k), Q), and (m). “(k) Section 3372(a) of title 5, United States Code, is further amended to add the following to the end thereof: ‘If the assigned employee fails to complete the period of assignment and there is another employee willing and available to do so, the Secretary may assign the employee to complete the period of assignment and may execute an agreement with the tribal organization with respect to the replacement employee. That agreement may provide for a different period of assignment as may be agreed to by the Secretary and the tribal organization.’. 102 STAT. 2291 “(l) 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.”.
Pub. L. 100-472, tit. II, sec. 203: PERSONNEL | Justis AI