; (B) by inserting or (3) after paragraph (1) ; and (C) by striking section 1131(f) of the Education Amendments of 1978 ( 25 U.S.C. 2011(f) ; 92 Stat. 2324) and inserting section 1132(f) of the Education Amendments of 1978 ( 25 U.S.C. 2012(f) ) ; (2) by striking (c)(1) Notwithstanding and inserting the following: (c) Waiver of applicability in personnel actions (1) In general Notwithstanding ; and (3) by adding at the end the following: (3) IHS waivers (A) In general 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— (i) a Service unit (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) in which— (I) 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 (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