II

103D CONGRESS

2D SESSION S. 2067

To elevate the position of Director of 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

MAY 3 (legislative day, MAY 2), 1994

Mr. MCCAIN (for himself, Mr. STEVENS, Mr. COCHRAN, and Mr. CAMPBELL)

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 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.
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•S 2067 IS

1 (b) ASSISTANT SECRETARY OF 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 the

11 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 (5).’’;

16 and inserting the following:

17 ‘‘Assistant Secretaries of Health and Human

18 Services (6).’’.

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—
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•S 2067 IS

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 out the fifth sentence of sub8 section (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 amended by striking

13 ‘‘Director of the Indian Health Service’’ each place it ap14 pears and inserting ‘‘Assistant Secretary for Indian

15 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), (e)).

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

24 Programs Act of 1974 (42 U.S.C. 2991b–2(d)(1)).
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•S 2067 IS

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

3 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 out ‘‘within the Public Health

8 Service of the Department of Health and Human

9 Services’’ each place it appears and inserting ‘‘with10 in the Department of Health and Human Services’’;

11 and

12 (2) in the second sentence of subsection (a), by

13 striking out ‘‘report to the Secretary through the

14 Assistant Secretary for Health of the Department of

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

16 to the Secretary’’.

17 (b) CONFORMING AMENDMENT.—The section head18 ing of such section is amended by striking the following:

19 ‘‘ESTABLISHMENT OF THE INDIAN HEALTH SERVICE AS

20 AN AGENCY OF THE PUBLIC HEALTH SERVICE’’;

21 and inserting the following:

22 ‘‘ESTABLISHMENT OF THE INDIAN HEALTH SERVICE AS

23 AN AGENCY OF DEPARTMENT OF HEALTH AND

24 HUMAN SERVICES’’.

25 (c) UTILIZATION OF PUBLIC HEALTH SERVICE PER26 SONNEL.—Nothing in this section shall be interpreted as
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1 terminating or otherwise modifying any authority provid2 ing for the utilization by the Indian Health Service of offi3 cers or employees of the Public Health Service for the pur4 poses of carrying out the responsibilities of the Indian

5 Health Service. Any officers or employees so utilized shall

6 be treated as officers or employees detailed to an executive

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

8 Service (42 U.S.C. 215(a)).

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