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 qualifications standard established by 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.
Each such Indian Tribe may submit comment to the Secretary during the 10-day period after the date of such notification regarding such content. . 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 may, at the request of an Indian Tribe, 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 15 percent or more of the total positions or specific health professionals 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 former tribal employee who was removed from such former employment within, or demoted for performance or misconduct that occurred during, the 5-year period following the date of such personnel action. .
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