Sec. 105. Improvements in hiring practices
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Title VI of the Indian Health Care Improvement Act ( 25 U.S.C. 1661 et seq.) 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 such title), a candidate directly to a position within the Service for which the candidate meets the job description of the Office of Personnel Management. Before appointing, hiring, promoting, transferring, or reassigning a candidate to a Senior Executive Service position or the position of a manager at an Area office or Service unit, the Secretary shall provide notice to each Indian tribe located within the defined geographic area of such Area office or Service unit, as the case may be, of the content of an inclusion in an employment record under section 606(j). .
Subsection
(c)of section 2 of the Act of December 15, 1979 ( 25 U.S.C. 5117 ) is amended by adding the following: The Secretary of Health and Human Services shall seek from each Indian tribe concerned, a waiver of Indian preference laws for a personnel action that is with respect to— an Indian Health Service unit in which 20 percent or more of the positions in the Service unit are not filled by a full-time employee of the Indian Health Service for a period of 6 months or longer; or a former employee of the Indian Health Service or a formal tribal employee who was removed from such former employment within, or demoted for performance or misconduct that occurred during, the 5-year period the date of such personnel action. .
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