
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC450i]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
                    Part A--Indian Self-Determination
 
Sec. 450i. Retention of Federal employee coverage, rights and 
        benefits by employees of tribal organizations
        

(a) to (d) Omitted

(e) Eligible employees; Federal employee programs subject to retention

    Notwithstanding the provisions of sections 8347(o), 8713, and 8914 
of title 5, 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 1607 of title 43, 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:
        (1) To retain coverage, rights, and benefits under subchapter I 
    of chapter 81 (``Compensation for Work Injuries'') of title 5, 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, 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, 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); and the period during which coverage, 
    rights, and benefits are retained under this paragraph is deemed 
    creditable service under section 8332 of title 5. 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, 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); 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.
        (4) To retain coverage, rights, and benefits under chapter 87 
    (``Life Insurance'') of title 5, 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); 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.

(f) Deposit by tribal organization of employee deductions and agency 
        contributions in appropriate funds

    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) Election for retention by employee and tribal organization before 
        date of employment by tribal organization; transfer of employee 
        to another tribal organization

    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 
tribal 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) ``Employee'' defined

    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.

(i) Promulgation of implementation regulations by President

    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) Additional employee employment rights

    Anything in sections 205 and 207 of title 18 to the contrary 
notwithstanding, officers and employees of the United States assigned to 
an Indian tribe as authorized under section 3372 of title 5, or section 
48 of this title and former officers and employees of the United States 
employed by Indian tribes may act as agents or attorneys for or appear 
on behalf of such tribes in connection wth \1\ any matter 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 each such officer or employee or former officer 
or employee must advise in writing the head of the department, agency, 
court, or commission with which he is dealing or appearing on behalf of 
the tribe of any personal and substantial involvement he may have had as 
an officer or employee of the United States in connection with the 
matter involved.
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    \1\ So in original. Probably should be ``with''.
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(k), (l) Omitted

(m) Conversion to career appointment

    The status of an Indian (as defined in section 479 of this title) 
appointed (except temporary appointments) to the Federal service under 
an excepted appointment under the authority of section 472 of this 
title, 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. 93-638, title I, Sec. 104, formerly Sec. 105, Jan. 4, 1975, 88 
Stat. 2208; Pub. L. 89-702, title II, Sec. 210(a), as added Pub. L. 98-
129, Sec. 2, Oct. 14, 1983, 97 Stat. 843; Pub. L. 99-221, Sec. 3(a), 
Dec. 26, 1985, 99 Stat. 1735; renumbered Sec. 104 and amended Pub. L. 
100-472, title II, Sec. 203, Oct. 5, 1988, 102 Stat. 2290; Pub. L. 101-
301, Sec. 2(a)(6), May 24, 1990, 104 Stat. 206.)

                          Codification

    Section is comprised of section 104 of Pub. L. 93-638. Subsecs. (a) 
to (d) of section 104 of Pub. L. 93-638 are classified to section 3371 
of Title 5, Government Organization and Employees, section 2004b of 
Title 42, The Public Health and Welfare, section 456 of Title 50, 
Appendix, War and National Defense, and section 4762 of Title 42, 
respectively. Subsecs. (k) and (l) of section 104 of Pub. L. 93-638 are 
classified to section 3372 of Title 5.


                            Prior Provisions

    A prior section 104 of Pub. L. 93-638 was renumbered section 103 by 
Pub. L. 100-472 and is classified to section 450h of this title.


                               Amendments

    1990--Subsec. (m). Pub. L. 101-301 substituted ``an Indian (as 
defined in section 479 of this title) appointed (except temporary 
appointments)'' for ``an Indian appointed''.
    1988--Subsecs. (a), (b). Pub. L. 100-472, Sec. 203(b), (c), amended 
subsecs. (a) and (b). See Codification note above.
    Subsec. (e). Pub. L. 100-472, Sec. 203(d), (e), in introductory 
provisions, substituted ``Notwithstanding the provisions of sections 
8347(o), 8713, and 8914 of title 5'' for ``Notwithstanding any other 
law'' and struck out ``on or before December 31, 1988'' after ``title 
43'', and in par. (2), inserted ``or chapter 84 (`Federal Employees 
Retirement System')''. Notwithstanding directory language that the 
substitution of ``Notwithstanding the provisions of sections 8347(o), 
8713, and 8914 of title 5'' be made in par. (2) of subsec. (e), the 
substitution was made in introductory provisions of subsec. (e) to 
reflect the probable intent of Congress because the language replaced 
appeared only in those introductory provisions.
    Subsecs. (k), (l). Pub. L. 100-472, Sec. 203(f), added subsecs. (k) 
and (l). See Codification note above.
    Subsec. (m). Pub. L. 100-472, Sec. 203(f), added subsec. (m).
    1985--Subsec. (e). Pub. L. 99-221 substituted ``1988'' for ``1985''.
    1983--Subsec. (e). Pub. L. 89-702, Sec. 210(a), as added by Pub. L. 
98-129, inserted ``, 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 1607 of 
title 43''.


 Pribilof Island Natives Employed by Federal Government on October 28, 
                                  1983

    Pub. L. 89-702, title II, Sec. 210(b), as added by Pub. L. 98-129, 
Sec. 2, Oct. 14, 1983, 97 Stat. 844, provided that: ``Notwithstanding 
any other provision of law, any Native of the Pribilof Islands employed 
by the Federal government on October 28, 1983, shall be deemed to have 
been covered under chapters 81, 83, 85 and 87 of title 5, United States 
Code, on such date for the purposes of determining eligibility for 
continuity of benefits under section 105(e) of the Act of January 4, 
1975 (Public Law 93-638), known as the Indian Self-Determination and 
Education Assistance Act [subsec. (e) of this section].''

 Ex. Ord. No. 11899. Providing for Protection of Certain Civil Service 
 Employment Rights of Federal Personnel Who Leave Federal Employment To 
                   Be Employed by Tribal Organizations

    Ex. Ord. No. 11899, Jan. 26, 1976, 41 F.R. 3459, as amended by Ex. 
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12608, Sept. 
9, 1987, 52 F.R. 34617, provided:
    By virtue of the authority vested in me by section 105(i) of the 
Indian Self-Determination and Education Assistance Act (88 Stat. 2210, 
25 U.S.C. 450i), section 3301 of title 5 of the United States Code, 
section 301 of title 3 of the United States Code, and as President of 
the United States of America, it is hereby ordered as follows:
    Section 1. The Office of Personnel Management is hereby designated 
and empowered to exercise, without approval, ratification, or other 
action by the President, but after consultation with the Department of 
the Interior and the Department of Health and Human Services, the 
authority vested in the President by Section 105(i) of the Indian Self-
Determination and Education Assistance Act [subsec. (i) of this section] 
(hereinafter referred to as the Act), to issue regulations necessary to 
carry out the provisions of subsections (e)(2), (e)(3), (e)(4), (f), (g) 
and (h) of section 105 of the act [subsecs. (e)(2), (3), (4), (f), (g), 
and (h) of this section], to carry out the provisions of subsection 
(e)(1) of section 105 of the act [subsec. (e)(1) of this section] 
pertains to section 8151 of title 5 of the United States Code, and to 
protect and assure any other civil service employment rights which it 
finds appropriate.
    Sec. 2. The Office of Personnel Management shall, after consultation 
with the Department of the Interior and the Department of Health and 
Human Services, issue regulations, as it deems appropriate, providing 
for the establishment, granting, and exercise of reemployment rights for 
employees who leave Federal employment for employment by an Indian 
tribal organization under provisions of the act.
    Sec. 3. The Secretary of Labor is hereby designated and empowered to 
exercise, without approval, ratification, or other action by the 
President, the authority vested in the President by section 105(i) of 
the act [subsec. (i) of this section] to issue regulations necessary to 
carry out the provisions of section 105(e)(1) of the act [subsec. (e)(1) 
of this section], except as provided in section 1 of this order.

                  Section Referred to in Other Sections

    This section is referred to in sections 450b, 458ff, 458aaa-15 of 
this title; title 5 section 8336; title 26 section 3121; title 42 
section 410.
