II

★(Star Print)

104TH CONGRESS

1ST SESSION S. 311

To elevate the position of Director of the Indian Health Service to Assistant

Secretary of Health and Human Services, to provide for the organizational independence of the Indian Health Service within the Department

of Health and Human Services, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 1 (legislative day, JANUARY 30), 1995

Mr. MCCAIN (for himself, Mr. CAMPBELL, and Mr. THOMAS) introduced the

following bill; which was read twice and referred to the Committee on Indian Affairs

A BILL

To elevate the position of Director of the Indian Health

Service to Assistant Secretary of Health and Human

Services, to provide for the organizational independence

of the Indian Health Service within the Department of

Health and Human Services, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN

4 HEALTH.

5 (a) ESTABLISHMENT.—There is established within

6 the Department of Health and Human Services the Office

7 of the Assistant Secretary for Indian Health.
2

S 311 IS1S

1 (b) ASSISTANT SECRETARY FOR INDIAN HEALTH.—

2 In addition to the functions performed on the date of en3 actment of this Act by the Director of the Indian Health

4 Service, the Assistant Secretary for Indian Health shall

5 perform such functions as the Secretary of Health and

6 Human Services may designate.

7 (c) REFERENCES.—Reference in any other Federal

8 law, Executive order, rule, regulation, or delegation of au9 thority, or any document of or relating to the Director

10 of the Indian Health Service shall be deemed to refer to

11 the Assistant Secretary for Indian Health.

12 (d) RATE OF PAY.—(1) Section 5315 of title 5,

13 United States Code, is amended by striking the following:

14 ‘‘Assistant Secretaries of Health and Human

15 Services (6).’’;

16 and inserting the following:

17 ‘‘Assistant Secretaries of Health and Human

18 Services (7).’’.

19 (2) Section 5316 of such title is amended by striking

20 the following:

21 ‘‘Director, Indian Health Service, Department

22 of Health and Human Services.’’.

23 (e) CONFORMING AMENDMENTS.—(1) Section 601 of

24 the Indian Health Care Improvement Act (25 U.S.C.

25 1661) is amended—
3

S 311 IS1S

1 (A) in the second sentence of subsection (a), by

2 striking ‘‘a Director,’’ and inserting ‘‘the Assistant

3 Secretary for Indian Health,’’;

4 (B) in the fourth sentence of subsection (a), by

5 striking ‘‘the Director’’ and inserting ‘‘the Assistant

6 Secretary for Indian Health’’;

7 (C) by striking the fifth sentence of subsection

8 (a); and

9 (D) by striking ‘‘Director of the Indian Health

10 Service’’ each place it appears and inserting ‘‘Assist11 ant Secretary for Indian Health’’.

12 (2) The following provisions are each amended by

13 striking ‘‘Director of the Indian Health Service’’ each

14 place it appears and inserting ‘‘Assistant Secretary for In15 dian Health’’:

16 (A) Section 816(c)(1) of the Indian Health

17 Care Improvement Act (25 U.S.C. 1680f(c)(1)).

18 (B) Section 203(a)(1) of the Rehabilitation Act

19 of 1973 (29 U.S.C. 761b(a)(1)).

20 (C) Subsections (b) and (e) of section 518 of

21 the Federal Water Pollution Control Act (33 U.S.C.

22 1377 (b) and (e)).

23 (D) Section 803B(d)(1) of the Native American

24 Programs Act of 1974 (42 U.S.C. 2991b–2(d)(1)).
4

S 311 IS1S

1 SEC. 2. ORGANIZATION OF INDIAN HEALTH SERVICE WITH2 IN THE DEPARTMENT OF HEALTH AND

3 HUMAN SERVICES.

4 (a) ORGANIZATION.—Section 601 of the Indian

5 Health Care Improvement Act (25 U.S.C. 1661), as

6 amended by section 1(e)(1), is further amended—

7 (1) by striking ‘‘within the Public Health Serv8 ice of the Department of Health and Human Serv9 ices’’ each place it appears and inserting ‘‘within the

10 Department of Health and Human Services’’; and

11 (2) in the third sentence of subsection (a), by

12 striking ‘‘report to the Secretary through the Assist13 ant Secretary for Health of the Department of

14 Health and Human Services’’ and inserting ‘‘report

15 to the Secretary’’.

16 (b) CONFORMING AMENDMENT.—The section head17 ing of such section is amended to read as follows:

18 ‘‘ESTABLISHMENT OF THE INDIAN HEALTH SERVICE AS

19 AN AGENCY OF THE DEPARTMENT OF HEALTH AND

20 HUMAN SERVICES’’.

21 (c) UTILIZATION OF PUBLIC HEALTH SERVICE PER22 SONNEL.—Nothing in this section may be interpreted as

23 terminating or otherwise modifying any authority provid24 ing for the utilization by the Indian Health Service of offi25 cers or employees of the Public Health Service for the pur26 poses of carrying out the responsibilities of the Indian
5

S 311 IS1S

1 Health Service. Any officers or employees so utilized shall

2 be treated as officers or employees detailed to an executive

3 department under section 214(a) of the Public Health

4 Service Act (42 U.S.C. 215(a)).

Æ