II

Calendar No. 560

105TH CONGRESS

2D SESSION S. 1770

[Report No. 105–319]

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

SEPTEMBER 9, 1998

Reported by Mr. CAMPBELL, with an amendment and an amendment to the

title

[Strike out all after the enacting clause and insert the part printed in italic]

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.
2

•S 1770 RS

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 FOR 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

11 Service, the Assistant Secretary for Indian Health shall

12 perform such functions as the Secretary of Health and

13 Human Services may designate.

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

15 law, Executive order, rule, regulation, or delegation of au16 thority, or any document of or relating to the Director

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

18 the Assistant Secretary for Indian Health.

19 (d) RATE OF PAY.—

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

21 title 5, United States Code, is amended—

22 (A) by striking the following:

23 ‘‘Assistant Secretaries of Health and Human

24 Services (6).’’; and

25 (B) by inserting the following:
3

•S 1770 RS

1 ‘‘Assistant Secretaries of Health and Human

2 Services (7).’’.

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

4 such title is amended by striking the following:

5 ‘‘Director, Indian Health Service, Department

6 of Health and Human Services.’’.

7 (e) CONFORMING AMENDMENTS.—

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

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

10 amended—

11 (A) in subsection (a)—

12 (i) in the second sentence, by striking

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

14 Secretary for Indian Health,’’;

15 (ii) in the third sentence, by striking

16 ‘‘The Director of the Indian Health Serv17 ice’’ and inserting ‘‘The Assistant Sec18 retary for Indian Health’’;

19 (iii) in the fourth sentence, by striking

20 ‘‘the Director’’ and inserting ‘‘the Assist21 ant Secretary for Indian Health’’; and

22 (iv) by striking the fifth sentence;

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

24 of the Indian Health Service’’ both places it ap-
4

•S 1770 RS

1 pears and inserting ‘‘Assistant Secretary for In2 dian Health’’; and

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

4 of the Indian Health Service’’ and inserting

5 ‘‘Assistant Secretary for Indian Health’’.

6 (2) MISCELLANEOUS.—The following provisions

7 are each amended by striking ‘‘Director of the In8 dian Health Service’’ each place it appears and in9 serting ‘‘Assistant Secretary for Indian Health’’:

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

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

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

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

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

15 of the Federal Water Pollution Control Act (33

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

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

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

19 2991b–2(d)(1)).

20 SEC. 2. ORGANIZATION OF INDIAN HEALTH SERVICE WITH21 IN THE DEPARTMENT OF HEALTH AND

22 HUMAN SERVICES.

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

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

25 amended by section 1(e)(1), is further amended—
5

•S 1770 RS

1 (1) by striking ‘‘within the Public Health Serv2 ice of the Department of Health and Human Serv3 ices’’ each place it appears and inserting ‘‘within the

4 Department of Health and Human Services’’; and

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

6 striking ‘‘report to the Secretary through the Assist7 ant Secretary for Health of the Department of

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

9 to the Secretary’’.

10 (b) CONFORMING AMENDMENT.—The section head11 ing of section 601 of the Indian Health Care Improvement

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

13 ‘‘ESTABLISHMENT OF THE INDIAN HEALTH SERVICE AS

14 AN AGENCY OF THE DEPARTMENT OF HEALTH AND

15 HUMAN SERVICES’’.

16 (c) UTILIZATION OF PUBLIC HEALTH SERVICE PER17 SONNEL.—

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

19 made by this section may be interpreted as terminat20 ing or otherwise modifying any authority providing

21 for the utilization by the Indian Health Service of

22 officers or employees of the Public Health Service

23 for the purposes of carrying out the responsibilities

24 of the Indian Health Service.

25 (2) TREATMENT OF OFFICERS AND EMPLOY26 EES.—Any officer or employee that is utilized in the
6

•S 1770 RS

1 manner described in paragraph (1) shall be treated

2 as an officer or employee detailed to an executive de3 partment under section 214(a) of the Public Health

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

5 SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN

6 HEALTH.

7 (a) ESTABLISHMENT.—There is established within the

8 Department of Health and Human Services the Office of

9 the Assistant Secretary for Indian Health in order to, in

10 a manner consistent with the government-to-government re11 lationship between the United States and Indian tribes—

12 (1) facilitate advocacy for the development of ap13 propriate Indian health policy; and

14 (2) promote consultation on matters related to

15 Indian health.

16 (b) ASSISTANT SECRETARY FOR INDIAN HEALTH.—In

17 addition to the functions performed on the date of enact18 ment of this Act by the Director of the Indian Health Serv19 ice, the Assistant Secretary for Indian Health shall perform

20 such functions as the Secretary of Health and Human Serv21 ices may designate. The Assistant Secretary for Indian

22 Health shall—

23 (1) report directly to the Secretary concerning

24 all policy- and budget-related matters affecting In25 dian health;
7

•S 1770 RS

1 (2) collaborate with the Assistant Secretary for

2 Health concerning appropriate matters of Indian

3 health that affect the agencies of the Public Health

4 Service;

5 (3) advise each Assistant Secretary of the De6 partment of Health and Human Services concerning

7 matters of Indian health with respect to which that

8 Assistant Secretary has authority and responsibility;

9 (4) advise the heads of other agencies and pro10 grams of the Department of Health and Human Serv11 ices concerning matters of Indian health with respect

12 to which those heads have authority and responsibil13 ity; and

14 (5) coordinate the activities of the Department of

15 Health and Human Services concerning matters of

16 Indian health.

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

18 law, Executive order, rule, regulation, or delegation of au19 thority, or any document of or relating to the Director of

20 the Indian Health Service shall be deemed to refer to the

21 Assistant Secretary for Indian Health.

22 (d) RATE OF PAY.—

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

24 title 5, United States Code, is amended—

25 (A) by striking the following:
8

•S 1770 RS

1 ‘‘Assistant Secretaries of Health and Human

2 Services (6).’’; and

3 (B) by inserting the following:

4 ‘‘Assistant Secretaries of Health and Human

5 Services (7).’’.

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

7 such title is amended by striking the following:

8 ‘‘Director, Indian Health Service, Department of

9 Health and Human Services.’’.

10 (e) DUTIES OF ASSISTANT SECRETARY FOR INDIAN

11 HEALTH.—Section 601 of the Indian Health Care Improve12 ment Act (25 U.S.C. 1661) is amended in subsection (a)—

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

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

15 so designated, by striking ‘‘a Director,’’ and inserting

16 ‘‘the Assistant Secretary for Indian Health,’’; and

17 (3) by striking the third sentence of paragraph

18 (1) and all that follows through the end of the sub19 section and inserting the following: ‘‘The Assistant

20 Secretary for Indian Health shall carry out the duties

21 specified in paragraph (2).

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

23 shall—
9

•S 1770 RS

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

2 all policy- and budget-related matters affecting In3 dian health;

4 ‘‘(B) collaborate with the Assistant Secretary for

5 Health concerning appropriate matters of Indian

6 health that affect the agencies of the Public Health

7 Service;

8 ‘‘(C) advise each Assistant Secretary of the De9 partment of Health and Human Services concerning

10 matters of Indian health with respect to which that

11 Assistant Secretary has authority and responsibility;

12 ‘‘(D) advise the heads of other agencies and pro13 grams of the Department of Health and Human Serv14 ices concerning matters of Indian health with respect

15 to which those heads have authority and responsibil16 ity; and

17 ‘‘(E) coordinate the activities of the Department

18 of Health and Human Services concerning matters of

19 Indian health.’’.

20 (f) CONTINUED SERVICE BY INCUMBENT.—The indi21 vidual serving in the position of Director of the Indian

22 Health Service on the date preceding the date of enactment

23 of this Act may serve as Assistant Secretary for Indian

24 Health, at the pleasure of the President after the date of

25 enactment of this Act.
10

•S 1770 RS

1 (g) CONFORMING AMENDMENTS.—

2 (1) AMENDMENTS TO INDIAN HEALTH CARE IM3 PROVEMENT ACT.—The Indian Health Care Improve4 ment Act (25 U.S.C. 1601 et seq.) is amended—

5 (A) in section 601—

6 (i) in subsection (c), by striking ‘‘Di7 rector of the Indian Health Service’’ both

8 places it appears and inserting ‘‘Assistant

9 Secretary for Indian Health’’; and

10 (ii) in subsection (d), by striking ‘‘Di11 rector of the Indian Health Service’’ and

12 inserting ‘‘Assistant Secretary for Indian

13 Health’’; and

14 (B) in section 816(c)(1), by striking ‘‘Direc15 tor of the Indian Health Service’’ and inserting

16 ‘‘Assistant Secretary for Indian Health’’.

17 (2) AMENDMENTS TO OTHER PROVISIONS OF

18 LAW.—The following provisions are each amended by

19 striking ‘‘Director of the Indian Health Service’’ each

20 place it appears and inserting ‘‘Assistant Secretary

21 for Indian Health’’:

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

23 Act of 1973 (29 U.S.C. 761b(a)(1)).
11

•S 1770 RS

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

2 the Federal Water Pollution Control Act (33

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

4 (C) Section 803B(d)(1) of the Native Amer5 ican Programs Act of 1974 (42 U.S.C. 2991b–

6 2(d)(1)).

Amend the title so as to read: ‘‘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.’’.
Calendar No. 560

105TH CONGRESS

2D SESSION S. 1770

[Report No. 105–319]

A BILL

To elevate the position of Director of the Indian

Services, and for other purposes.within the Department of Health and Humantional independence of the Indian Health Serviceand Human Services, to provide for the organizaHealth Service to Assistant Secretary of Health

SEPTEMBER 9, 1998

Reported with an amendment and an amendment to the

title