[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5523 Introduced in House (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

_______________________________________________________________________

                                 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            (3) Such Indian racial preference laws should be repealed.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        repealed.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        repealed.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.
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