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 that 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 the Area office or Service unit, as applicable, of the content of an inclusion in an employment record.

Each Indian tribe that receives notification under paragraph

(1)may submit to the Secretary comments during the 10-day period after the date of notification. . Section 2(c) of Public Law 96–135 ( 25 U.S.C. 5117(c) ) is amended— in paragraph (2)— by striking

(2)The provisions and inserting the following: The provisions ; by inserting or

(3)after paragraph

(1); and by striking section 1131(f) of the Education Amendments of 1978 ( and inserting 25 U.S.C. 2011(f) ; 92 Stat. 2324) section 1132(f) of the Education Amendments of 1978 ( ; 25 U.S.C. 2012(f) ) by striking (c)(1) Notwithstanding and inserting the following: Notwithstanding ; and by adding at the end the following: At the request of a concerned Indian tribe, the Secretary of Health and Human Services may seek from each Indian tribe concerned a waiver of Indian preference laws for a personnel action that is with respect to— a Service unit (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) in which— 15 percent or greater of the total positions are not filled by a full-time employee of the Indian Health Service for a period of 6 months or longer; or 15 percent or greater of a specific health professional position 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 the employment during, or demoted for performance or misconduct that occurred during, the 5-year period following the date of the personnel action. A waiver may only be requested under subparagraph

(A)for a personnel action that is with respect to an employee described in clause

(ii)of that subparagraph if the reason for the removal or demotion of the employee did not result from an action undertaken by the employee that was reported to the National Practitioner Data Bank. The Secretary of Health and Human Services may only approve a waiver under subparagraph

(A)if the waiver is first requested by a concerned Indian tribe. .

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