Sec. 104. personnel

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## Sec. 104 personnel **[**[25 U.S.C. 5323](/us/usc/t25/s5323)**]** ###

(a)Section 3371(2) of chapter 33 of title 5, United States Code, is amended

(1)by deleting the word “ and ” immediately after the semicolon in clause (A);

(2)by deleting the period at the end of clause

(B)and inserting in lieu thereof a semicolon and the word “ and ”; and

(3)by adding at the end thereof the following new clause: > > ##### “(C) > > any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village as defined in the Alaska Native Claims Settlement Act (85 Stat. 688), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and includes any tribal organization as defined in section 4(m) of the Indian Self-Determination and Education Assistance Act.” > ###

(b)The Act of August 5, 1954 (68 Stat. 674), as amended, is further amended by adding a new section 8 after section 7 of the Act, as follows: > > ## “Sec. 8 > > In accordance with subsection

(d)of section 214 of the Public Health Service Act (58 Stat. 690), as amended, upon the request of any Indian tribe, band, group, or community, commissioned officers of the Service may be assigned by the Secretary for the purpose of assisting such Indian tribe, group, band, or community in carrying out the provisions of contracts with, or grants to, tribal organizations pursuant to sections 102 and 1036 of the Indian Self-Determination and Education Assistance Act''. > > 6Section 203(c) of P.L. 100–472, 102 Stat. 2290 amended this subsection by striking out ‘sections 102, 103, and 104.’ The text actually read ‘section 102, 103, or 104.’ The amendment was executed according to the probable intent of Congress.” > ###

(c)Paragraph

(2)of subsection

(a)of section 6 of the Military Selective Service Act of 1967 (81 Stat. 100), as amended, is amended by inserting after the words “Environmental Science Services Administration” the words “or who are assigned to assist Indian tribes, groups, bands, or communities pursuant to the Act of August 5, 1954 (68 Stat. 674), as amended”. ###

(d)Section 502 of the Intergovernmental Personnel Act of 1970 (84 Stat. 1909, 1925) is amended— ####

(1)by deleting the word “and” after paragraph (3); ####

(2)by deleting the period after paragraph

(4)and inserting in lieu thereof a semicolon and the word “and”; and ####

(3)by adding at the end thereof the following new paragraph: > > #### “(5) > > Notwithstanding the population requirements of section 203(a) and 303(c) of this Act, a ‘local government’ and a ‘general local government’ also mean the recognized governing body of an Indian tribe, band, pueblo, or other organized group or community including any Alaska Native village, as defined in the Alaska Native Claims Settlement Act (85 Stat. 688), which performs substantial governmental functions. The requirements of sections 203(c) and 303(d) of this Act, relating to reviews by the Governor of a State, do not apply to grant applications from the governing body of an Indian tribe, although nothing in this Act is intended to discourage or prohibit voluntary communication and cooperation between Indian tribes and State and local governments.” > ### (e)7 Notwithstanding the provisions of sections 8347(o), 8713, and 8914 of title 5, United States Code, executive order, or administrative regulation, an employee serving under an appointment not limited to one year or less who leaves Federal employment to be employed by a tribal organization, the city of St. Paul, Alaska, the city of St. George, Alaska, upon incorporation, or the Village Corporations of St. Paul and St. George Islands established pursuant to section 8 of the Alaska Native Claims Settlement Act (Public Law 92–203), in connection with governmental or other activities which are or have been performed by employees in or for Indian communities is entitled, if the employee and the tribal organization so elect, to the following: 7Section 105(e)(2) by striking “Notwithstanding any other law,”. The phrase was actually in the material in

(e)which precedes paragraph (1). The amendment was executed according to the probable intent of Congress. ####

(1)To retain coverage, rights, and benefits under subchapter I of chapter 81 (“Compensation for Work Injuries”) of title 5, United States Code, and for this purpose his employment with the tribal organization shall be deemed employment by the United States. However, if an injured employee, or his dependents in case of his death, receives from the tribal organization any payment (including an allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by the tribal organization, or other benefit of any kind) on account of the same injury or death, the amount of that payment shall be credited against any benefit payable under subchapter I of chapter 81 of title 5, United States Code, as follows: #####

(A)payments on account of injury or disability shall be credited against disability compensation payable to the injured employee; and #####

(B)payments on account of death shall be credited against death compensation payable to dependents of the deceased employee. ####

(2)To retain coverage, rights, and benefits under chapter 83 (“Retirement”) or chapter 84 (“Federal Employees Retirement System”) of title 5, United States Code, if necessary employee deductions and agency contributions in payment for coverage, rights, and benefits for the period of employment with the tribal organization are currently deposited in the Civil Service Retirement and Disability Fund (section 8348 of title 5, United States Code); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed creditable service under section 8332 of title 5, United States Code. Days of unused sick leave to the credit of an employee under a formal leave system at the time the employee leaves Federal employment to be employed by a tribal organization remain to his credit for retirement purposes during covered service with the tribal organization. ####

(3)To retain coverage, rights, and benefits under chapter 89 (“Health Insurance”) of title 5, United States Code, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the tribal organization are currently deposited in the Employee's Health Benefit Fund (section 8909 of title 5, United States Code); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapter 89 of title 5, United States Code. ####

(4)To retain coverage, rights, and benefits under chapter 87 (“Life Insurance”) of title 5, United States Code, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the tribal organizations are currently deposited in the Employee's Life Insurance Fund (section 8714 of title 5, United States Code); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapter 87 of title 5, United States Code. ###

(f)During the period an employee is entitled to the coverage, rights, and benefits pursuant to the preceding subsection, the tribal organization employing such employee shall deposit currently in the appropriate funds the employee deductions and agency contributions required by paragraphs (2), (3), and

(4)of such preceding subsection. ###

(g)An employee who is employed by a tribal organization under subsection

(e)of this section and such tribal organization shall make the election to retain the coverages, rights, and benefits in paragraphs (1), (2), (3), and

(4)of such subsection

(e)before the date of his employment by a tribal organization. An employee who is employed by a trial organization under subsection

(e)of this section shall continue to be entitled to the benefits of such subsection if he is employed by another tribal organization to perform service in activities of the type described in such subsection. ###

(h)For the purposes of subsections (e), (f), and

(g)of this section, the term “**employee**” means an employee as defined in section 2105 of title 5, United States Code. ###

(i)The President may prescribe regulations necessary to carry out the provisions of subsections (e), (f), (g), and

(h)of this section and to protect and assure the compensation, retirement, insurance, leave, reemployment rights, and such other similar civil service employment rights as he finds appropriate. ###

(j)Anything in sections 205 and 207 of title 18, United States Code, to the contrary notwithstanding— ####

(1)an officer or employee of the United States assigned to a tribal organization (as defined in section 4(l)) or an inter-tribal consortium (as defined in section 501), as authorized under section 3372 of title 5, United States Code, or section 2072 of the Revised Statutes (25 U.S.C. 48) may act as agent or attorney for, and appear on behalf of, such tribal organization or inter-tribal consortium in connection with any matter related to a tribal governmental activity or Federal Indian program or service pending before any department, agency, court, or commission, including any matter in which the United States is a party or has a direct and substantial interest: *Provided*, That such officer or employee must advise in writing the head of the department, agency, court, or commission with which the officer or employee is dealing or appearing on behalf of the tribal organization or inter-tribal consortium of any personal and substantial involvement with the matter involved; and ####

(2)a former officer or employee of the United States who is carrying out official duties as an employee or as an elected or appointed official of a tribal organization (as defined in section 4(l)) or inter-tribal consortium (as defined in section 501) may act as agent or attorney for, and appear on behalf of, such tribal organization or intra-tribal consortium in connection with any matter related to a tribal governmental activity or Federal Indian program or service pending before any department, agency, court, or commission, including any matter in which the United States is a party or has a direct and substantial interest: *Provided,* That such former officer or employee must advise in writing the head of the department, agency, court, or commission with which the former officer or employee is dealing or appearing on behalf of the tribal organization or inter-tribal consortium of any personal and substantial involvement that he or she may have had as an officer or employee of the United States in connection with the matter involved. ###

(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.” ###

(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 (as defined in section 19 of the Act of June 18, 1934 (48 Stat. 988; 25 U.S.C. 479)) appointed (except temporary appointments) 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.

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