Sec. 205. Authority to waive Indian preference laws
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/bill/114/hr/5406/ih/section-205·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title VI of the Indian Health Care Improvement Act ( 25 U.S.C. 1611 et seq. ) is amended by adding at the end the following new section: To enhance recruitment and retention of employees of the Service, the Secretary may waive the requirements of the Indian preference laws (as defined in section 2(e) of Public Law 96–135 ( 25 U.S.C. 472a(e) )) with respect to a personnel action with respect to a Service unit with the written request or resolution of an Indian tribe located within the applicable Service unit— if such personnel action is with respect to a facility that has a personnel vacancy rate of at least 20 percent; or in the case such personnel action is with respect to a former employee of the Service or former tribal employee who was removed from such former employment or demoted for misconduct that occurred during the five years prior to the date of such personnel action. .
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- Pub. L. 96-135
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