Calendar No. 545

103D CONGRESS

2D SESSION S. 2067

[Report No. 103–327]

A BILL

To elevate the position of Director of Indian Health

Services, and for other purposes.within the Department of Health and Humantional independence of the Indian Health ServiceHuman Services, to provide for the organizaService to Assistant Secretary of Health and

AUGUST 8, 1994

Reported with an amendment
II

Calendar No. 545

103D CONGRESS

2D SESSION S. 2067

[Report No. 103–327]

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, Mr. CAMPBELL, and

Mr. HATFIELD) introduced the following bill; which was read twice and

referred to the Committee on Indian Affairs

AUGUST 8, 1994

Reported by Mr. INOUYE, with an amendment

[Omit the part struck through and insert the part printed in italic]

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,
2

•S 2067 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.

6 (b) ASSISTANT SECRETARY OF INDIAN HEALTH.—

7 In addition to the functions performed on the date of en8 actment of this Act by the Director of the Indian Health

9 Service, the Assistant Secretary for Indian Health shall

10 perform such functions as the Secretary of Health and

11 Human Services may designate.

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

13 law, Executive order, rule, regulation, or delegation of au14 thority, or any document of or relating to the Director

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

16 Assistant Secretary for Indian Health.

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

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

19 ‘‘Assistant Secretaries of Health and Human

20 Services (5).’’;

21 and inserting the following:

22 ‘‘Assistant Secretaries of Health and Human

23 Services (6).’’.

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

25 the following:
3

•S 2067 RS

1 ‘‘Director, Indian Health Service, Department

2 of Health and Human Services.’’.

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

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

5 1661) is amended—

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

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

8 Secretary for Indian Health,’’;

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

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

11 Secretary for Indian Health’’;

12 (C) by striking out the fifth sentence of sub13 section (a); and

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

15 Service’’ each place it appears and inserting ‘‘Assist16 ant Secretary for Indian Health’’.

17 (2) The following provisions are amended by striking

18 ‘‘Director of the Indian Health Service’’ each place it ap19 pears and inserting ‘‘Assistant Secretary for Indian

20 Health’’:

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

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

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

24 of 1973 (29 U.S.C. 761b(a)(1)).
4

•S 2067 RS

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

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

3 1377(b), (e)).

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

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

6 SEC. 2. ORGANIZATION OF INDIAN HEALTH SERVICE WITH7 IN DEPARTMENT OF HEALTH AND HUMAN

8 SERVICES.

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

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

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

12 (1) by striking out ‘‘within the Public Health

13 Service of the Department of Health and Human

14 Services’’ each place it appears and inserting ‘‘with15 in the Department of Health and Human Services’’;

16 and

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

18 striking out ‘‘report to the Secretary through the

19 Assistant Secretary for Health of the Department of

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

21 to the Secretary’’.

22 (b) CONFORMING AMENDMENT.—The section head23 ing of such section is amended by striking the following:

24 ‘‘ESTABLISHMENT OF THE INDIAN HEALTH SERVICE AS

25 AN AGENCY OF THE PUBLIC HEALTH SERVICE’’;

26 and inserting the following:
5

•S 2067 RS

1 ‘‘ESTABLISHMENT OF THE INDIAN HEALTH SERVICE AS

2 AN AGENCY OF DEPARTMENT OF HEALTH AND

3 HUMAN SERVICES’’.

4 (c) UTILIZATION OF PUBLIC HEALTH SERVICE PER5 SONNEL.—Nothing in this section shall be interpreted as

6 terminating or otherwise modifying any authority provid7 ing for the utilization The Secretary shall provide for the

8 utilization by the Indian Health Service of officers or em9 ployees of the Public Health Service for the purposes of

10 carrying out the responsibilities of the Indian Health Serv11 ice. Any officers or employees so utilized shall be treated

12 as officers or employees detailed to an executive depart13 ment under section 214(a) of the Public Health Service

14 (42 U.S.C. 215(a)).