III 

109TH CONGRESS 

2D SESSION S. RES. 358 

Expressing the sense of the Senate that the Secretary of Health and Human 

Services, acting through the Director of Indian Health Service, should 

maintain the current operating hours of the Wagner Service Unit until 

the Secretary submits to Congress a new report that accurately describes 

the current conditions at the Wagner Service Unit. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 30, 2006 

Mr. JOHNSON (for himself and Mr. THUNE) submitted the following resolution; which was referred to the Committee on Indian Affairs 

RESOLUTION 

Expressing the sense of the Senate that the Secretary of 

Health and Human Services, acting through the Director 

of Indian Health Service, should maintain the current 

operating hours of the Wagner Service Unit until the 

Secretary submits to Congress a new report that accurately describes the current conditions at the Wagner 

Service Unit. 

Whereas the Senate reaffirms the policy that, as provided in 

section 3(a) of the Indian Health Care Improvement Act 

(25 U.S.C. 1602(a)), ‘‘it is the policy of this Nation, in 

fulfillment of its special responsibilities and legal obligation to the American Indian people, to assure the highest 
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•SRES 358 IS 

possible health status for Indians and urban Indians and 

to provide all resources necessary to effect that policy.’’; 

Whereas the Senate reaffirms the finding that, as provided 

in section 2(a) of the Indian Health Care Improvement 

Act (25 U.S.C. 1601(a)), ‘‘Federal health services to 

maintain and improve the health of the Indians are consonant with and required by the Federal Government’s 

historical and unique legal relationship with, and resulting responsibility to, the American Indian people.’’; 

Whereas the Senate reaffirms the finding that, as provided 

in section 2(c) of the Indian Health Care Improvement 

Act (25 U.S.C. 1601(c)), ‘‘Federal health services to Indians have resulted in a reduction in the prevalence and 

incidence of preventable illnesses among, and unnecessary 

and premature deaths of, Indians.’’; 

Whereas the Senate reaffirms the finding that, as provided 

in section 2(d) of the Indian Health Care Improvement 

Act (25 U.S.C. 1601(d)), ‘‘Despite such services, the 

unmet health needs of the American Indian people are severe and the health status of the Indians is far below 

that of the general population of the United States.’’; 

Whereas the Senate reaffirms the policy, as provided in section 301(b)(1) of the Indian Health Care Improvement 

Act (25 U.S.C. 1631(b)(1)), that— 

‘‘(1) Notwithstanding any provision of law other 

than this subsection, no Service hospital or outpatient 

health care facility of the Service, or any portion of such 

a hospital or facility, may be closed if the Secretary has 

not submitted to the Congress at least 1 year prior to the 

date such hospital or facility (or portion thereof) is proposed to be closed an evaluation of the impact of such 
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•SRES 358 IS 

proposed closure which specifies, in addition to other considerations— 

‘‘(A) the accessibility of alternative health care 

resources for the population served by such hospital 

or facility; 

‘‘(B) the cost effectiveness of such closure; 

‘‘(C) the quality of health care to be provided 

to the population served by such hospital or facility 

after such closure; 

‘‘(D) the availability of contract health care 

funds to maintain existing levels of service; 

‘‘(E) the views of the Indian tribes served by 

such hospital or facility concerning such closure; 

‘‘(F) the level of utilization of such hospital or 

facility by all eligible Indians; and 

‘‘(G) the distance between such hospital or facility and the nearest operating Service hospital.’’; 

Whereas the Secretary of Health and Human Services, acting 

through the Director of Indian Health Service, has proposed that the operating hours of the Wagner Service 

Unit, which serves the Yankton Sioux Tribe and others, 

should be reduced from 24 hours per day to the hours 

between 7:00 a.m. and 11:00 p.m.; 

Whereas the 1997 proposed closure report, submitted by the 

Secretary pursuant to section 301(b)(1) of the Indian 

Health Care Improvement Act (25 U.S.C. 1631(b)(1)), is 

currently out of date and no longer accurately represents 
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•SRES 358 IS 

the impact of such closure upon eligible Indians at the 

Wagner Service Unit; and 

Whereas, during the previous year, the Santee Sioux Tribe of 

Nebraska requested health care services formerly provided by the Indian Health Service under the Indian SelfDetermination Act (25 U.S.C. 450 et seq.) from another 

provider, thereby removing ‘‘shares’’ from the Wagner 

Service Unit and creating a budgetary crisis that forced 

the facility to announce reductions in the operating hours 

of the emergency room: Now, therefore, be it 

1 Resolved, That it is the sense of the Senate that— 

2 (1) pursuant to section 301(b)(1) of the Indian 

3 Health Care Improvement Act (25 U.S.C. 

4 1631(b)(1)), the Secretary of Health and Human 

5 Services, acting through the Director of Indian 

6 Health Services, should submit to Congress a new 

7 report that evaluates the impact of reduction in 

8 emergency room services at the Wagner Service Unit 

9 of Indian Health Service; and 

10 (2) the Secretary should maintain the current 

11 operating hours of the Wagner Service Unit until 

12 the Secretary submits to Congress a report described 

13 in paragraph (1). 

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