This circular establishes the policy of the Indian Health Service (IHS) on the employment of relatives. It also provides procedures for balancing the requirements of anti-nepotism statutes and regulations with those of Section 12 of the Indian Reorganization Act of 1934, Title 25 United States Code (U.S.C.) 472, concerning preference in employment to Indian candidates.

COVERAGE

The provisions of this circular apply to all civil service employees, both in the competitive and the excepted service, and to Commissioned Corps personnel when filling positions in the IHS.

"Public Official or IHS official" is an officer, a member of the Public Health Service Commissioned Corps, an employee, and any other person, in whom is vested the authority by law, rule, regulation, or delegation to appoint, employ, promote, or advance individuals or to recommendindividuals for any such actions.

"Advocate" is to recommend either orally or in writing or refer one's relative to an official in the Department of Health and Human services for appointment, employment, promotion or advancement.

"Chain of Command" is the line of supervisory authority that runs from the head of an agency to the immediate supervisor.

Agency is Department of Health and Human Services.

Organizational unit is that part of an organization that is under the chain of command of the IHS official who is appointing, employing, promoting or advancing the individual. For example, the organizational unit for an Area Director is the entire Area; for an Office Director, the Office; for a Division Director, the Division, etc.

Civilian position is a position filled by a Civil Service employee.

AUTHORITY

The authorities on which the