II

106TH CONGRESS

1ST SESSION S. 299

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, and Mr. CONRAD) 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 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,

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 in order to,

8 in a manner consistent with the government-to-govern-
2

•S 299 IS

1 ment relationship between the United States and Indian

2 tribes—

3 (1) facilitate advocacy for the development of

4 appropriate Indian health policy; and

5 (2) promote consultation on matters related to

6 Indian health.

7 (b) ASSISTANT SECRETARY FOR INDIAN HEALTH.—

8 In addition to the functions performed on the date of en9 actment of this Act by the Director of the Indian Health

10 Service, the Assistant Secretary for Indian Health shall

11 perform such functions as the Secretary of Health and

12 Human Services (referred to in this section as the ‘‘Sec13 retary’’) may designate. The Assistant Secretary for In14 dian Health shall—

15 (1) report directly to the Secretary concerning

16 all policy- and budget-related matters affecting In17 dian health;

18 (2) collaborate with the Assistant Secretary for

19 Health concerning appropriate matters of Indian

20 health that affect the agencies of the Public Health

21 Service;

22 (3) advise each Assistant Secretary of the De23 partment of Health and Human Services concerning

24 matters of Indian health with respect to which that

25 Assistant Secretary has authority and responsibility;
3

•S 299 IS

1 (4) advise the heads of other agencies and pro2 grams of the Department of Health and Human

3 Services concerning matters of Indian health with

4 respect to which those heads have authority and re5 sponsibility; and

6 (5) coordinate the activities of the Department

7 of Health and Human Services concerning matters

8 of Indian health.

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

10 law, Executive order, rule, regulation, or delegation of au11 thority, or any document of or relating to the Director

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

13 the Assistant Secretary for Indian Health.

14 (d) RATE OF PAY.—

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

16 title 5, United States Code, is amended—

17 (A) by striking the following:

18 ‘‘Assistant Secretaries of Health and Human

19 Services (6).’’; and

20 (B) by inserting the following:

21 ‘‘Assistant Secretaries of Health and Human

22 Services (7).’’.

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

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

25 the following:
4

•S 299 IS

1 ‘‘Director, Indian Health Service, Department

2 of Health and Human Services.’’.

3 (e) DUTIES OF ASSISTANT SECRETARY FOR INDIAN

4 HEALTH.—Section 601(a) of the Indian Health Care Im5 provement Act (25 U.S.C. 1661(a)) is amended—

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

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

8 so designated, by striking ‘‘a Director,’’ and insert9 ing ‘‘the Assistant Secretary for Indian Health,’’;

10 and

11 (3) by striking the third sentence of paragraph

12 (1) and all that follows through the end of the sub13 section and inserting the following: ‘‘The Assistant

14 Secretary for Indian Health shall carry out the du15 ties specified in paragraph (2).

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

17 shall—

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

19 all policy- and budget-related matters affecting In20 dian health;

21 ‘‘(B) collaborate with the Assistant Secretary

22 for Health concerning appropriate matters of Indian

23 health that affect the agencies of the Public Health

24 Service;
5

•S 299 IS

1 ‘‘(C) advise each Assistant Secretary of the De2 partment of Health and Human Services concerning

3 matters of Indian health with respect to which that

4 Assistant Secretary has authority and responsibility;

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

6 programs of the Department of Health and Human

7 Services concerning matters of Indian health with

8 respect to which those heads have authority and re9 sponsibility; and

10 ‘‘(E) coordinate the activities of the Depart11 ment of Health and Human Services concerning

12 matters of Indian health.’’.

13 (f) CONTINUED SERVICE BY INCUMBENT.—The indi14 vidual serving in the position of Director of the Indian

15 Health Service on the date preceding the date of enact16 ment of this Act may serve as Assistant Secretary for In17 dian Health, at the pleasure of the President after the

18 date of enactment of this Act.

19 (g) CONFORMING AMENDMENTS.—

20 (1) AMENDMENTS TO INDIAN HEALTH CARE IM21 PROVEMENT ACT.—The Indian Health Care Im22 provement Act (25 U.S.C. 1601 et seq.) is

23 amended—

24 (A) in section 601—
6

•S 299 IS

1 (i) in subsection (c), by striking ‘‘Di2 rector of the Indian Health Service’’ both

3 places it appears and inserting ‘‘Assistant

4 Secretary for Indian Health’’; and

5 (ii) in subsection (d), by striking ‘‘Di6 rector of the Indian Health Service’’ and

7 inserting ‘‘Assistant Secretary for Indian

8 Health’’; and

9 (B) in section 816(c)(1), by striking ‘‘Di10 rector of the Indian Health Service’’ and insert11 ing ‘‘Assistant Secretary for Indian Health’’.

12 (2) AMENDMENTS TO OTHER PROVISIONS OF

13 LAW.—The following provisions are each amended

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

15 each place it appears and inserting ‘‘Assistant Sec16 retary for Indian Health’’:

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

18 Act of 1973.

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

20 of the Federal Water Pollution Control Act (33

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

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

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

24 2991b–2(d)(1)).

Æ