II

Calendar No. 268

106TH CONGRESS

1ST SESSION S. 299

[Report No. 106–148]

To elevate the position of Director of the Indian Health Service within

the Department of Health and Human Services to Assistant Secretary

for Indian Health, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 22, 1999

Mr. MCCAIN (for himself, Mr. INOUYE, Mr. CONRAD, and Mr. BAUCUS) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

SEPTEMBER 8, 1999

Reported by Mr. CAMPBELL, with an amendment

[Insert the part printed in italic]

A BILL

To elevate the position of Director of the Indian Health

Service within the Department of Health and Human

Services to Assistant Secretary for Indian Health, 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,
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•S 299 RS

1 SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN

2 HEALTH.

3 (a) ESTABLISHMENT.—There is established within

4 the Department of Health and Human Services the Office

5 of the Assistant Secretary for Indian Health in order to,

6 in a manner consistent with the government-to-govern7 ment relationship between the United States and Indian

8 tribes—

9 (1) facilitate advocacy for the development of

10 appropriate Indian health policy; and

11 (2) promote consultation on matters related to

12 Indian health.

13 (b) ASSISTANT SECRETARY FOR INDIAN HEALTH.—

14 In addition to the functions performed on the date of en15 actment of this Act by the Director of the Indian Health

16 Service, the Assistant Secretary for Indian Health shall

17 perform such functions as the Secretary of Health and

18 Human Services (referred to in this section as the ‘‘Sec19 retary’’) may designate. The Assistant Secretary for In20 dian Health shall—

21 (1) report directly to the Secretary concerning

22 all policy- and budget-related matters affecting In23 dian health;

24 (2) collaborate with the Assistant Secretary for

25 Health concerning appropriate matters of Indian
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•S 299 RS

1 health that affect the agencies of the Public Health

2 Service;

3 (3) advise each Assistant Secretary of the De4 partment of Health and Human Services concerning

5 matters of Indian health with respect to which that

6 Assistant Secretary has authority and responsibility;

7 (4) advise the heads of other agencies and pro8 grams of the Department of Health and Human

9 Services concerning matters of Indian health with

10 respect to which those heads have authority and re11 sponsibility; and

12 (5) coordinate the activities of the Department

13 of Health and Human Services concerning matters

14 of Indian health.

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

16 law, Executive order, rule, regulation, or delegation of au17 thority, or any document of or relating to the Director

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

19 the Assistant Secretary for Indian Health.

20 (d) RATE OF PAY.—

21 (1) POSITIONS AT LEVEL IV.—Section 5315 of

22 title 5, United States Code, is amended—

23 (A) by striking the following:

24 ‘‘Assistant Secretaries of Health and Human

25 Services (6).’’; and
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•S 299 RS

1 (B) by inserting the following:

2 ‘‘Assistant Secretaries of Health and Human

3 Services (7).’’.

4 (2) POSITIONS AT LEVEL V.—Section 5316 of

5 title 5, United States Code, is amended by striking

6 the following:

7 ‘‘Director, Indian Health Service, Department

8 of Health and Human Services.’’.

9 (e) DUTIES OF ASSISTANT SECRETARY FOR INDIAN

10 HEALTH.—Section 601(a) of the Indian Health Care Im11 provement Act (25 U.S.C. 1661(a)) is amended—

12 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’;

13 (2) in the second sentence of paragraph (1), as

14 so designated, by striking ‘‘a Director,’’ and insert15 ing ‘‘the Assistant Secretary for Indian Health,’’;

16 and

17 (3) by striking the third sentence of paragraph

18 (1) and all that follows through the end of the sub19 section and inserting the following: ‘‘The Assistant

20 Secretary for Indian Health shall carry out the du21 ties specified in paragraph (2).

22 ‘‘(2) The Assistant Secretary for Indian Health

23 shall—
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•S 299 RS

1 ‘‘(A) report directly to the Secretary concerning

2 all policy- and budget-related matters affecting In3 dian health;

4 ‘‘(B) collaborate with the Assistant Secretary

5 for Health concerning appropriate matters of Indian

6 health that affect the agencies of the Public Health

7 Service;

8 ‘‘(C) advise each Assistant Secretary of the De9 partment of Health and Human Services concerning

10 matters of Indian health with respect to which that

11 Assistant Secretary has authority and responsibility;

12 ‘‘(D) advise the heads of other agencies and

13 programs of the Department of Health and Human

14 Services concerning matters of Indian health with

15 respect to which those heads have authority and re16 sponsibility; and

17 ‘‘(E) coordinate the activities of the Depart18 ment of Health and Human Services concerning

19 matters of Indian health.’’.

20 (f) CONTINUED SERVICE BY INCUMBENT.—The indi21 vidual serving in the position of Director of the Indian

22 Health Service on the date preceding the date of enact23 ment of this Act may serve as Assistant Secretary for In24 dian Health, at the pleasure of the President after the

25 date of enactment of this Act.
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1 (g) CONFORMING AMENDMENTS.—

2 (1) AMENDMENTS TO INDIAN HEALTH CARE IM3 PROVEMENT ACT.—The Indian Health Care Im4 provement Act (25 U.S.C. 1601 et seq.) is

5 amended—

6 (A) in section 601—

7 (i) in subsection (c), by striking ‘‘Di8 rector of the Indian Health Service’’ both

9 places it appears and inserting ‘‘Assistant

10 Secretary for Indian Health’’; and

11 (ii) in subsection (d), by striking ‘‘Di12 rector of the Indian Health Service’’ and

13 inserting ‘‘Assistant Secretary for Indian

14 Health’’; and

15 (B) in section 816(c)(1), by striking ‘‘Di16 rector of the Indian Health Service’’ and insert17 ing ‘‘Assistant Secretary for Indian Health’’.

18 (2) AMENDMENTS TO OTHER PROVISIONS OF

19 LAW.—The following provisions are each amended

20 by striking ‘‘Director of the Indian Health Service’’

21 each place it appears and inserting ‘‘Assistant Sec22 retary for Indian Health’’:

23 (A) Section 203(a)(1) of the Rehabilitation

24 Act of 1973 (29 U.S.C. 761b(a)(1)).
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•S 299 RS

1 (B) Subsections (b) and (e) of section 518

2 of the Federal Water Pollution Control Act (33

3 U.S.C. 1377 (b) and (e)).

4 (C) Section 803B(d)(1) of the Native

5 American Programs Act of 1974 (42 U.S.C.

6 2991b–2(d)(1)).
Calendar No. 268

106TH CONGRESS

1ST SESSION S. 299

[Report No. 106–148]

A BILL

To elevate the position of Director of the Indian

Indian Health, and for other purposes.and Human Services to Assistant Secretary forHealth Service within the Department of Health

SEPTEMBER 8, 1999

Reported with an amendment