I

103D CONGRESS

2D SESSION S. 2067

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 22, 1994

Referred jointly to the Committees Natural Resources and Energy and

Commerce

AN ACT

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.

8 (b) ASSISTANT SECRETARY OF INDIAN HEALTH.—

9 In addition to the functions performed on the date of en10 actment of this Act by the Director of the Indian Health
2

S 2067 RFH

1 Service, the Assistant Secretary for Indian Health shall

2 perform such functions as the Secretary of Health and

3 Human Services may designate.

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

5 law, Executive order, rule, regulation, or delegation of au6 thority, or any document of or relating to the Director

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

8 Assistant Secretary for Indian Health.

9 (d) RATE OF PAY.—(1) Section 5315 of title 5, Unit10 ed States Code, is amended by striking the following:

11 ‘‘Assistant Secretaries of Health and Human

12 Services (5).’’;

13 and inserting the following:

14 ‘‘Assistant Secretaries of Health and Human

15 Services (6).’’.

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

17 the following:

18 ‘‘Director, Indian Health Service, Department

19 of Health and Human Services.’’.

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

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

22 1661) is amended—

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

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

25 Secretary for Indian Health,’’;
3

S 2067 RFH

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

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

3 Secretary for Indian Health’’;

4 (C) by striking out the fifth sentence of sub5 section (a); and

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

7 Service’’ each place it appears and inserting ‘‘Assist8 ant Secretary for Indian Health’’.

9 (2) The following provisions are amended by striking

10 ‘‘Director of the Indian Health Service’’ each place it ap11 pears and inserting ‘‘Assistant Secretary for Indian

12 Health’’:

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

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

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

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

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

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

19 1377(b), (e)).

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

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

S 2067 RFH

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.—The Secretary shall provide for the utilization
5

S 2067 RFH

1 by the Indian Health Service of officers or employees of

2 the Public Health Service for the purposes of carrying out

3 the responsibilities of the Indian Health Service. Any offi4 cers or employees so utilized shall be treated as officers

5 or employees detailed to an executive department under

6 section 214(a) of the Public Health Service (42 U.S.C.

7 215(a)).

Passed the Senate September 21 (legislative day,

September 12), 1994.

Attest: MARTHA S. POPE,

Secretary.