II

105TH CONGRESS

2D SESSION S. 1770

To elevate the position of Director of the 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

MARCH 17, 1998

Mr. MCCAIN (for himself, Mr. CAMPBELL, 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 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 1770 IS

1 (b) ASSISTANT SECRETARY FOR 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 to

11 the Assistant Secretary for Indian Health.

12 (d) RATE OF PAY.—

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

14 title 5, United States Code, is amended—

15 (A) by striking the following:

16 ‘‘Assistant Secretaries of Health and Human

17 Services (6).’’; and

18 (B) by inserting the following:

19 ‘‘Assistant Secretaries of Health and Human

20 Services (7).’’.

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

22 such title is amended by striking the following:

23 ‘‘Director, Indian Health Service, Department

24 of Health and Human Services.’’.

25 (e) CONFORMING AMENDMENTS.—
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•S 1770 IS

1 (1) IN GENERAL.—Section 601 of the Indian

2 Health Care Improvement Act (25 U.S.C. 1661) is

3 amended—

4 (A) in subsection (a)—

5 (i) in the second sentence, by striking

6 ‘‘a Director,’’ and inserting ‘‘the Assistant

7 Secretary for Indian Health,’’;

8 (ii) in the third sentence, by striking

9 ‘‘The Director of the Indian Health Serv10 ice’’ and inserting ‘‘The Assistant Sec11 retary for Indian Health’’;

12 (iii) in the fourth sentence, by striking

13 ‘‘the Director’’ and inserting ‘‘the Assist14 ant Secretary for Indian Health’’; and

15 (iv) by striking the fifth sentence;

16 (B) in subsection (c), by striking ‘‘Director

17 of the Indian Health Service’’ both places it ap18 pears and inserting ‘‘Assistant Secretary for In19 dian Health’’; and

20 (C) in subsection (d), by striking ‘‘Director

21 of the Indian Health Service’’ and inserting

22 ‘‘Assistant Secretary for Indian Health’’.

23 (2) MISCELLANEOUS.—The following provisions

24 are each amended by striking ‘‘Director of the In-
4

•S 1770 IS

1 dian Health Service’’ each place it appears and in2 serting ‘‘Assistant Secretary for Indian Health’’:

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

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

5 (B) Section 203(a)(1) of the Rehabilitation

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

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

8 of the Federal Water Pollution Control Act (33

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

10 (D) Section 803B(d)(1) of the Native

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

12 2991b–2(d)(1)).

13 SEC. 2. ORGANIZATION OF INDIAN HEALTH SERVICE WITH14 IN THE DEPARTMENT OF HEALTH AND

15 HUMAN SERVICES.

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

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

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

19 (1) by striking ‘‘within the Public Health Serv20 ice of the Department of Health and Human Serv21 ices’’ each place it appears and inserting ‘‘within the

22 Department of Health and Human Services’’; and

23 (2) in the third sentence of subsection (a), by

24 striking ‘‘report to the Secretary through the Assist25 ant Secretary for Health of the Department of
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•S 1770 IS

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

2 to the Secretary’’.

3 (b) CONFORMING AMENDMENT.—The section head4 ing of section 601 of the Indian Health Care Improvement

5 Act (25 U.S.C. 1661) is amended to read as follows:

6 ‘‘ESTABLISHMENT OF THE INDIAN HEALTH SERVICE AS

7 AN AGENCY OF THE DEPARTMENT OF HEALTH AND

8 HUMAN SERVICES’’.

9 (c) UTILIZATION OF PUBLIC HEALTH SERVICE PER10 SONNEL.—

11 (1) IN GENERAL.—Nothing in the amendments

12 made by this section may be interpreted as terminat13 ing or otherwise modifying any authority providing

14 for the utilization by the Indian Health Service of

15 officers or employees of the Public Health Service

16 for the purposes of carrying out the responsibilities

17 of the Indian Health Service.

18 (2) TREATMENT OF OFFICERS AND EMPLOY19 EES.—Any officer or employee that is utilized in the

20 manner described in paragraph (1) shall be treated

21 as an officer or employee detailed to an executive de22 partment under section 214(a) of the Public Health

23 Service Act (42 U.S.C. 215(a)).

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