Sec. 4. Improvements in hiring practices
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Title VI of the Indian Health Care Improvement Act ( 25 U.S.C. 1661 et seq. ) (as amended by section 3) is amended by adding at the end the following: The Secretary may appoint, without regard to subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of that title), a candidate directly to a position within the Service for which the candidate meets Office of Personnel Management qualification standards. 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 hiring a candidate to a position in a Service unit on written request or resolution of an Indian tribe located within the applicable Service unit.
Subject to paragraph (2), before appointing, hiring, promoting, or transferring a candidate to a Senior Executive Service position or the position of a manager at an Area office or Service unit, the Secretary shall meaningfully and expeditiously consult with Indian tribes located within the applicable Service area or Service unit. If the Secretary determines that emergency circumstances exist that may negatively impact patient health or safety if the position is not filled, the Secretary may appoint a candidate to a Senior Executive Service or manager position at an Area office or Service unit for a temporary time period only, not to exceed 180 days.
The Secretary shall notify, in writing, each Indian tribe located within the applicable Service area or Service unit of the appointment not fewer than 7 days prior to exercising the authority described in subparagraph (A). Before appointing, hiring, promoting, or transferring a candidate to a Senior Executive Service position or the position of a manager or supervisor at an Area office or Service unit, the Secretary shall provide to Indian tribes located within the applicable Service area the content of an inclusion in an employment record under section 605(g). .
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report assessing staffing needs in the Indian Health Service. The report described in paragraph
(1)shall include— a description of the number and type of full-time equivalent employees needed at each facility of the Indian Health Service and amounts required for those employees; an assessment of the use of independent contractors instead of full-time equivalent employees; and recommendations to address staffing needs in the Indian Health Service. Not later than 1 year after the date on which the Comptroller General of the United States submits the report under subsection (b), the Secretary shall submit to Congress a written plan to address staffing needs in the Indian Health Service based on the recommendations described in paragraph (2)(C) of that subsection.
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- Pub. L. 96-135
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