 
                   CHAPTER 48--DEPARTMENT OF EDUCATION
 
             SUBCHAPTER II--ESTABLISHMENT OF THE DEPARTMENT
 
Sec. 3423c. Office of Indian Education


(a) Office of Indian Education

    There shall be an Office of Indian Education (referred to in this 
section as ``the Office'') in the Department of Education.

(b) Director

                    (1) Appointment and reporting

        The Office shall be under the direction of the Director, who 
    shall be appointed by the Secretary and who shall report directly to 
    the Assistant Secretary for Elementary and Secondary Education.

                             (2) Duties

        The Director shall--
            (A) be responsible for administering this title; \1\
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    \1\ See References in Text note below.
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            (B) be involved in, and be primarily responsible for, the 
        development of all policies affecting Indian children and adults 
        under programs administered by the Office of Elementary and 
        Secondary Education;
            (C) coordinate the development of policy and practice for 
        all programs in the Department relating to Indian persons; and
            (D) assist the Assistant Secretary of the Office of 
        Educational Research and Improvement in identifying research 
        priorities related to the education of Indian persons.

(c) Indian preference in employment

                           (1) In general

        The Secretary shall give a preference to Indian persons in all 
    personnel actions in the Office.

                         (2) Implementation

        Such preference shall be implemented in the same fashion as the 
    preference given to any veteran under section 45 of title 25.

(Pub. L. 96-88, title II, Sec. 215, as added Pub. L. 103-382, title III, 
Sec. 372(2), Oct. 20, 1994, 108 Stat. 3977.)

                       References in Text

    This title, referred to in subsec. (b)(2)(A), is title II of Pub. L. 
96-88, Oct. 17, 1979, 93 Stat. 671, which is classified to this 
subchapter, but probably should have been a reference to part A of title 
IX of the Elementary and Secondary Education Act of 1965. Part A of 
title IX of that Act is classified generally to part A (Sec. 7801 et 
seq.) of subchapter IX of chapter 70 of this title. For complete 
classification of the Elementary and Secondary Education Act of 1965 to 
the Code, see Short Title note set out under section 6301 of this title 
and Tables.


                            Prior Provisions

    A prior section 215 of Pub. L. 96-88 was renumbered section 217 and 
is classified to section 3424 of this title.
    Provisions similar to those in this section were contained in 
section 2641 of Title 25, Indians, prior to repeal by Pub. L. 103-382, 
Sec. 367.
