; or (II) 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 (ii) 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. (B) Limitation 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. (C) Restriction 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. . 106. Improved authorities of secretary to improve accountability of senior executives and employees of the Indian Health Service (a) In general Title VI of the Indian Health Care Improvement Act ( 25 U.S.C. 1661 et seq. ) (as amended by section 105(a)) is amended by adding at the end the following: 606. Improved authorities of Secretary to improve accountability of senior executives of the Indian Health Service (a) Definitions In this section: (1) Covered individual The term covered individual means a career appointee (as defined in section 3132(a) of title 5, United States Code). (2) Misconduct The term misconduct includes— (A) neglect of duty; (B) malfeasance; (C) failure to accept a directed reassignment