Date: Tue, 24 Oct 2000 16:24:53 -0700
From: Victor Rocha
Subject: [sovernspeakout] Repealing the Native Americans Equal Rights Act

Native Americans Equal Rights Act (Introduced in the House)

HR 5523 IH

106th CONGRESS

2d Session

H. R. 5523

To repeal the Indian racial preference laws of the United States.

IN THE HOUSE OF REPRESENTATIVES

October 19, 2000

Mr. WELDON of Pennsylvania introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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A BILL

To repeal the Indian racial preference laws of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Native Americans Equal Rights Act'.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Statutory provisions granting special rights to Indians with respect to employment, contracting, or any other official interaction with an agency of the United States are racial preference laws.
(2) Racial preference laws are incompatible with the equal protection component of the Fifth Amendment to the Constitution of the United States.
(3) Such Indian racial preference laws should be repealed.

SEC. 3. REPEAL OF INDIAN RACIAL PREFERENCES IN EMPLOYMENT WITH THE FEDERAL GOVERNMENT.

(a) REPEAL OF INDIAN PREFERENCE ACT AND INDIAN RACIAL PREFERENCE LAWS APPLICABLE TO BUREAU OF INDIAN AFFAIRS AND INDIAN HEALTH SERVICE-
(1) Section 12 of the Act of June 18, 1934 (25 U.S.C. 472) (commonly referred to as the Indian Preference Act) is repealed.
(2) Section 2 of the Act of December 5, 1979 (25 U.S.C. 472a) (relating to Indian preference laws applicable to Bureau of Indian Affairs and Indian Health Service positions) is repealed.
(b) REFERENCES- Any reference in any law to an Indian preference requirement of section 12 of the Act of June 18, 1934 or section 2 of the Act of December 5, 1979, is null and void.

SEC. 4. REPEAL OF INDIAN RACIAL PREFERENCES WITH RESPECT TO CONTRACTS WITH AND GRANTS FROM THE FEDERAL GOVERNMENT.

(a) REPEAL OF INDIAN PREFERENCE LAWS APPLICABLE TO FEDERAL CONTRACTS AND GRANTS- Subsections (b) and (c) of section 7 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b) and (c)) are repealed.
(b) REFERENCES- Any reference in any law to an Indian preference provision of subsections (b) and (c) of section 7 of the Indian Self-Determination and Education Assistance Act is null and void.

SEC. 5. REPEAL OF INDIAN RACIAL PREFERENCES EXEMPTIONS FROM THE CIVIL RIGHTS LAWS.

(a) REPEAL OF INDIAN RACIAL PREFERENCES EXEMPTIONS FROM CIVIL RIGHTS LAWS-
The Civil Rights Act of 1964 is amended--
(1) in section 701(b) (42 U.S.C. 2000e(b)), by striking `an Indian tribe,'; and
(2) in section 703 (42 U.S.C. 2000e-2) by striking subsection (i) and by redesignating subsections (j) through (n) as subsections (i) through (m), respectively.
(b) REFERENCES- Any reference in any law to an Indian preference exemption under section 701(b) or 703(i) of the Civil Rights Act of 1964 is null and void.

SEC. 6. EFFECTIVE DATE.

The amendments made by this Act shall take effect 30 days after the date of the enactment of this Act, but shall not affect any employment, contract, or other legal relationship in existence on the date of such enactment.