317 
‘‘(B) The Commission shall reimburse the Director 
of the Congressional Budget Office for expenses relating 
to the employment in the office of that Director of such 
additional staff as may be necessary for the Director to 
comply with requests by the Commission under subpara-
graph (A). 
‘‘(4) Upon the request of the Commission, the head 
of any Federal agency is authorized to detail, without re-
imbursement, any of the personnel of such agency to the 
Commission to assist the Commission in carrying out its 
duties. Any such detail shall not interrupt or otherwise 
affect the civil service status or privileges of the Federal 
employee. 
‘‘(5) Upon the request of the Commission, the head 
of a Federal agency shall provide such technical assistance 
to the Commission as the Commission determines to be 
necessary to carry out its duties. 
‘‘(6) The Commission may use the United States 
mails in the same manner and under the same conditions 
as Federal agencies and shall, for purposes of the frank, 
be considered a commission of Congress as described in 
section 3215 of title 39, United States Code. 
‘‘(7) The Commission may secure directly from any 
Federal agency information necessary to enable it to carry 
out its duties, if the information may be disclosed under 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00317
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
318 
section 552 of title 4, United States Code. Upon request 
of the Chairman of the Commission, the head of such 
agency shall furnish such information to the Commission. 
‘‘(8) Upon the request of the Commission, the Ad-
ministrator of General Services shall provide to the Com-
mission on a reimbursable basis such administrative sup-
port services as the Commission may request. 
‘‘(9) For purposes of costs relating to printing and 
binding, including the cost of personnel detailed from the 
Government Printing Office, the Commission shall be 
deemed to be a committee of Congress. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $4,000,000 to carry out the 
provisions of this section, which sum shall not be deducted 
from or affect any other appropriation for health care for 
Indian persons. 
‘‘(j) NONAPPLICABILITY
OF FACA.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Commission. 
‘‘SEC. 814. CONFIDENTIALITY OF MEDICAL QUALITY ASSUR-
ANCE RECORDS; QUALIFIED IMMUNITY FOR 
PARTICIPANTS. 
‘‘(a) CONFIDENTIALITY OF RECORDS.—Medical qual-
ity assurance records created by or for any Indian Health 
Program or a health program of an Urban Indian Organi-
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00318
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
319 
zation as part of a medical quality assurance program are 
confidential and privileged. Such records may not be dis-
closed to any person or entity, except as provided in sub-
section (c). 
‘‘(b) PROHIBITION
ON DISCLOSURE
AND TESTI-
MONY.— 
‘‘(1) IN
GENERAL.—No part of any medical 
quality assurance record described in subsection (a) 
may be subject to discovery or admitted into evi-
dence in any judicial or administrative proceeding, 
except as provided in subsection (c). 
‘‘(2) TESTIMONY.—A person who reviews or 
creates medical quality assurance records for any In-
dian Health Program or Urban Indian Organization 
who participates in any proceeding that reviews or 
creates such records may not be permitted or re-
quired to testify in any judicial or administrative 
proceeding with respect to such records or with re-
spect to any finding, recommendation, evaluation, 
opinion, or action taken by such person or body in 
connection with such records except as provided in 
this section. 
‘‘(c) AUTHORIZED DISCLOSURE AND TESTIMONY.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
medical quality assurance record described in sub-
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00319
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
320 
section (a) may be disclosed, and a person referred 
to in subsection (b) may give testimony in connec-
tion with such a record, only as follows: 
‘‘(A) To a Federal executive agency or pri-
vate organization, if such medical quality assur-
ance record or testimony is needed by such 
agency or organization to perform licensing or 
accreditation functions related to any Indian 
Health Program or to a health program of an 
Urban Indian Organization to perform moni-
toring, required by law, of such program or or-
ganization. 
‘‘(B) To an administrative or judicial pro-
ceeding commenced by a present or former In-
dian Health Program or Urban Indian Organi-
zation provider concerning the termination, sus-
pension, or limitation of clinical privileges of 
such health care provider. 
‘‘(C) To a governmental board or agency 
or to a professional health care society or orga-
nization, if such medical quality assurance 
record or testimony is needed by such board, 
agency, society, or organization to perform li-
censing, credentialing, or the monitoring of pro-
fessional standards with respect to any health 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00320
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
321 
care provider who is or was an employee of any 
Indian Health Program or Urban Indian Orga-
nization. 
‘‘(D) To a hospital, medical center, or 
other institution that provides health care serv-
ices, if such medical quality assurance record or 
testimony is needed by such institution to as-
sess the professional qualifications of any health 
care provider who is or was an employee of any 
Indian Health Program or Urban Indian Orga-
nization and who has applied for or been grant-
ed authority or employment to provide health 
care services in or on behalf of such program or 
organization. 
‘‘(E) To an officer, employee, or contractor 
of the Indian Health Program or Urban Indian 
Organization that created the records or for 
which the records were created. If that officer, 
employee, or contractor has a need for such 
record or testimony to perform official duties. 
‘‘(F) To a criminal or civil law enforce-
ment agency or instrumentality charged under 
applicable law with the protection of the public 
health or safety, if a qualified representative of 
such agency or instrumentality makes a written 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00321
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
322 
request that such record or testimony be pro-
vided for a purpose authorized by law. 
‘‘(G) In an administrative or judicial pro-
ceeding commenced by a criminal or civil law 
enforcement agency or instrumentality referred 
to in subparagraph (F), but only with respect 
to the subject of such proceeding. 
‘‘(2) IDENTITY
OF
PARTICIPANTS.—With the 
exception of the subject of a quality assurance ac-
tion, the identity of any person receiving health care 
services from any Indian Health Program or Urban 
Indian Organization or the identity of any other per-
son associated with such program or organization 
for purposes of a medical quality assurance program 
that is disclosed in a medical quality assurance 
record described in subsection (a) shall be deleted 
from that record or document before any disclosure 
of such record is made outside such program or or-
ganization. Such requirement does not apply to the 
release of information pursuant to section 552a of 
title 5. 
‘‘(d) DISCLOSURE FOR CERTAIN PURPOSES.— 
‘‘(1) IN
GENERAL.—Nothing in this section 
shall be construed as authorizing or requiring the 
withholding from any person or entity aggregate sta-
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00322
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
323 
tistical information regarding the results of any In-
dian 
Health 
Program 
or 
Urban 
Indian 
Organizations’s medical quality assurance programs. 
‘‘(2) WITHHOLDING
FROM
CONGRESS.—Noth-
ing in this section shall be construed as authority to 
withhold any medical quality assurance record from 
a committee of either House of Congress, any joint 
committee of Congress, or the Government Account-
ability Office if such record pertains to any matter 
within their respective jurisdictions. 
‘‘(e) PROHIBITION ON DISCLOSURE OF RECORD OR 
TESTIMONY.—A person or entity having possession of or 
access to a record or testimony described by this section 
may not disclose the contents of such record or testimony 
in any manner or for any purpose except as provided in 
this section. 
‘‘(f) EXEMPTION FROM FREEDOM OF INFORMATION 
ACT.—Medical quality assurance records described in sub-
section (a) may not be made available to any person under 
section 552 of title 5. 
‘‘(g) LIMITATION ON CIVIL LIABILITY.—A person 
who participates in or provides information to a person 
or body that reviews or creates medical quality assurance 
records described in subsection (a) shall not be civilly lia-
ble for such participation or for providing such informa-
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00323
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
324 
tion if the participation or provision of information was 
in good faith based on prevailing professional standards 
at the time the medical quality assurance program activity 
took place. 
‘‘(h) APPLICATION
TO INFORMATION
IN CERTAIN 
OTHER RECORDS.—Nothing in this section shall be con-
strued as limiting access to the information in a record 
created and maintained outside a medical quality assur-
ance program, including a patient’s medical records, on 
the grounds that the information was presented during 
meetings of a review body that are part of a medical qual-
ity assurance program. 
‘‘(i) REGULATIONS.—The Secretary, acting through 
the Service, shall promulgate regulations pursuant to sec-
tion 802. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) The term ‘health care provider’ means any 
health care professional, including community health 
aides and practitioners certified under section 121, 
who are granted clinical practice privileges or em-
ployed to provide health care services in an Indian 
Health Program or health program of an Urban In-
dian Organization, who is licensed or certified to 
perform health care services by a governmental 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00324
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
325 
board or agency or professional health care society 
or organization. 
‘‘(2) The term ‘medical quality assurance pro-
gram’ means any activity carried out before, on, or 
after the date of enactment of this Act by or for any 
Indian Health Program or Urban Indian Organiza-
tion to assess the quality of medical care, including 
activities conducted by or on behalf of individuals, 
Indian Health Program or Urban Indian Organiza-
tion medical or dental treatment review committees, 
or other review bodies responsible for quality assur-
ance, credentials, infection control, patient care as-
sessment (including treatment procedures, blood, 
drugs, and therapeutics), medical records, health re-
sources management review and identification and 
prevention of medical or dental incidents and risks. 
‘‘(3) The term ‘medical quality assurance 
record’ means the proceedings, records, minutes, and 
reports that emanate from quality assurance pro-
gram activities described in paragraph (2) and are 
produced or compiled by or for an Indian Health 
Program or Urban Indian Organization as part of a 
medical quality assurance program. 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00325
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
326 
‘‘SEC. 815. APPROPRIATIONS; AVAILABILITY. 
‘‘Any new spending authority (described in subpara-
graph (A) or (B) of section 401(c)(2) of the Congressional 
Budget Act of 1974 (Public Law 93–344; 88 Stat. 317)) 
which is provided under this Act shall be effective for any 
fiscal year only to such extent or in such amounts as are 
provided in appropriation Acts. 
‘‘SEC. 816. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated such sums 
as may be necessary for each fiscal year through fiscal 
year 2017 to carry out this title.’’. 
(b) RATE OF PAY.— 
(1) POSITIONS AT LEVEL IV.—Section 5315 of 
title 5, United States Code, is amended by striking 
‘‘Assistant Secretaries of Health and Human Serv-
ices (6).’’ and inserting ‘‘Assistant Secretaries of 
Health and Human Services (7)’’. 
(2) POSITIONS AT LEVEL V.—Section 5316 of 
title 5, United States Code, is amended by striking 
‘‘Director, Indian Health Service, Department of 
Health and Human Services’’. 
(c) AMENDMENTS TO OTHER PROVISIONS OF LAW.— 
(1) Section 3307(b)(1)(C) of the Children’s 
Health Act of 2000 (25 U.S.C. 1671 note; Public 
Law 106–310) is amended by striking ‘‘Director of 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00326
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
327 
the Indian Health Service’’ and inserting ‘‘Assistant 
Secretary for Indian Health’’. 
(2) The Indian Lands Open Dump Cleanup Act 
of 1994 is amended— 
(A) in section 3 (25 U.S.C. 3902)— 
(i) by striking paragraph (2); 
(ii) by redesignating paragraphs (1), 
(3), (4), (5), and (6) as paragraphs (4), 
(5), (2), (6), and (1), respectively, and 
moving those paragraphs so as to appear 
in numerical order; and 
(iii) by inserting before paragraph (4) 
(as redesignated by subclause (II)) the fol-
lowing: 
‘‘(3) ASSISTANT
SECRETARY.—The term ‘As-
sistant Secretary’ means the Assistant Secretary for 
Indian Health.’’; 
(B) in section 5 (25 U.S.C. 3904), by 
striking the section designation and heading 
and inserting the following: 
‘‘SEC. 5. AUTHORITY OF ASSISTANT SECRETARY FOR IN-
DIAN HEALTH.’’; 
(C) in section 6(a) (25 U.S.C. 3905(a)), in 
the subsection heading, by striking ‘‘DIREC-
TOR’’ and inserting ‘‘ASSISTANT SECRETARY’’; 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00327
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
328 
(D) in section 9(a) (25 U.S.C. 3908(a)), in 
the subsection heading, by striking ‘‘DIREC-
TOR’’ and inserting ‘‘ASSISTANT SECRETARY’’; 
and 
(E) by striking ‘‘Director’’ each place it 
appears and inserting ‘‘Assistant Secretary’’. 
(3) Section 5504(d)(2) of the Augustus F. 
Hawkins-Robert T. Stafford Elementary and Sec-
ondary School Improvement Amendments of 1988 
(25 U.S.C. 2001 note; Public Law 100–297) is 
amended by striking ‘‘Director of the Indian Health 
Service’’ and inserting ‘‘Assistant Secretary for In-
dian Health’’. 
(4) Section 203(a)(1) of the Rehabilitation Act 
of 1973 (29 U.S.C. 763(a)(1)) is amended by strik-
ing ‘‘Director of the Indian Health Service’’ and in-
serting ‘‘Assistant Secretary for Indian Health’’. 
(5) Subsections (b) and (e) of section 518 of 
the Federal Water Pollution Control Act (33 U.S.C. 
1377) are amended by striking ‘‘Director of the In-
dian Health Service’’ each place it appears and in-
serting ‘‘Assistant Secretary for Indian Health’’. 
(6) Section 317M(b) of the Public Health Serv-
ice Act (42 U.S.C. 247b–14(b)) is amended— 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00328
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
329 
(A) by striking ‘‘Director of the Indian 
Health Service’’ each place it appears and in-
serting 
‘‘Assistant 
Secretary 
for 
Indian 
Health’’; and 
(B) in paragraph (2)(A), by striking ‘‘the 
Directors referred to in such paragraph’’ and 
inserting ‘‘the Director of the Centers for Dis-
ease Control and Prevention and the Assistant 
Secretary for Indian Health’’. 
(7) Section 417C(b) of the Public Health Serv-
ice Act (42 U.S.C. 285–9(b)) is amended by striking 
‘‘Director of the Indian Health Service’’ and insert-
ing ‘‘Assistant Secretary for Indian Health’’. 
(8) Section 1452(i) of the Safe Drinking Water 
Act (42 U.S.C. 300j–12(i)) is amended by striking 
‘‘Director of the Indian Health Service’’ each place 
it appears and inserting ‘‘Assistant Secretary for In-
dian Health’’. 
(9) Section 803B(d)(1) of the Native American 
Programs Act of 1974 (42 U.S.C. 2991b–2(d)(1)) is 
amended in the last sentence by striking ‘‘Director 
of the Indian Health Service’’ and inserting ‘‘Assist-
ant Secretary for Indian Health’’. 
(10) Section 203(b) of the Michigan Indian 
Land Claims Settlement Act (Public Law 105–143; 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00329
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
330 
111 Stat. 2666) is amended by striking ‘‘Director of 
the Indian Health Service’’ and inserting ‘‘Assistant 
Secretary for Indian Health’’. 
SEC. 102. SOBOBA SANITATION FACILITIES. 
The Act of December 17, 1970 (84 Stat. 1465), is 
amended by adding at the end the following: 
‘‘SEC. 9. Nothing in this Act shall preclude the 
Soboba Band of Mission Indians and the Soboba Indian 
Reservation from being provided with sanitation facilities 
and services under the authority of section 7 of the Act 
of August 5, 1954 (68 Stat. 674), as amended by the Act 
of July 31, 1959 (73 Stat. 267).’’. 
SEC. 103. NATIVE AMERICAN HEALTH AND WELLNESS 
FOUNDATION. 
(a) IN GENERAL.—The Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450 et seq.) is 
amended by adding at the end the following: 
‘‘TITLE VIII—NATIVE AMERICAN 
HEALTH 
AND 
WELLNESS 
FOUNDATION 
‘‘SEC. 801. DEFINITIONS. 
‘‘In this title: 
‘‘(1) BOARD.—The term ‘Board’ means the 
Board of Directors of the Foundation. 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00330
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
331 
‘‘(2) 
COMMITTEE.—The 
term 
‘Committee’ 
means the Committee for the Establishment of Na-
tive American Health and Wellness Foundation es-
tablished under section 802(f). 
‘‘(3) FOUNDATION.—The term ‘Foundation’ 
means the Native American Health and Wellness 
Foundation established under section 802. 
‘‘(4) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Health and Human Services. 
‘‘(5) SERVICE.—The term ‘Service’ means the 
Indian Health Service of the Department of Health 
and Human Services. 
‘‘SEC. 802. NATIVE AMERICAN HEALTH AND WELLNESS 
FOUNDATION. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN
GENERAL.—As soon as practicable 
after the date of enactment of this title, the Sec-
retary shall establish, under the laws of the District 
of Columbia and in accordance with this title, the 
Native American Health and Wellness Foundation. 
‘‘(2) FUNDING
DETERMINATIONS.—No funds, 
gift, property, or other item of value (including any 
interest accrued on such an item) acquired by the 
Foundation shall— 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00331
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
332 
‘‘(A) be taken into consideration for pur-
poses of determining Federal appropriations re-
lating to the provision of health care and serv-
ices to Indians; or 
‘‘(B) otherwise limit, diminish, or affect 
the Federal responsibility for the provision of 
health care and services to Indians. 
‘‘(b) PERPETUAL
EXISTENCE.—The Foundation 
shall have perpetual existence. 
‘‘(c) NATURE OF CORPORATION.—The Foundation— 
‘‘(1) shall be a charitable and nonprofit feder-
ally chartered corporation; and 
‘‘(2) shall not be an agency or instrumentality 
of the United States. 
‘‘(d) PLACE OF INCORPORATION AND DOMICILE.— 
The Foundation shall be incorporated and domiciled in the 
District of Columbia. 
‘‘(e) DUTIES.—The Foundation shall— 
‘‘(1) encourage, accept, and administer private 
gifts of real and personal property, and any income 
from or interest in such gifts, for the benefit of, or 
in support of, the mission of the Service; 
‘‘(2) undertake and conduct such other activi-
ties as will further the health and wellness activities 
and opportunities of Native Americans; and 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00332
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
333 
‘‘(3) participate with and assist Federal, State, 
and tribal governments, agencies, entities, and indi-
viduals in undertaking and conducting activities that 
will further the health and wellness activities and op-
portunities of Native Americans. 
‘‘(f) COMMITTEE FOR THE ESTABLISHMENT OF NA-
TIVE AMERICAN HEALTH
AND WELLNESS FOUNDA-
TION.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish the Committee for the Establishment of Native 
American Health and Wellness Foundation to assist 
the Secretary in establishing the Foundation. 
‘‘(2) DUTIES.—Not later than 180 days after 
the date of enactment of this section, the Committee 
shall— 
‘‘(A) carry out such activities as are nec-
essary to incorporate the Foundation under the 
laws of the District of Columbia, including act-
ing as incorporators of the Foundation; 
‘‘(B) ensure that the Foundation qualifies 
for and maintains the status required to carry 
out this section, until the Board is established; 
‘‘(C) establish the constitution and initial 
bylaws of the Foundation; 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00333
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
334 
‘‘(D) provide for the initial operation of 
the Foundation, including providing for tem-
porary or interim quarters, equipment, and 
staff; and 
‘‘(E) appoint the initial members of the 
Board in accordance with the constitution and 
initial bylaws of the Foundation. 
‘‘(g) BOARD OF DIRECTORS.— 
‘‘(1) IN
GENERAL.—The Board of Directors 
shall be the governing body of the Foundation. 
‘‘(2) POWERS.—The Board may exercise, or 
provide for the exercise of, the powers of the Foun-
dation. 
‘‘(3) SELECTION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the number of members of the 
Board, the manner of selection of the members 
(including the filling of vacancies), and the 
terms of office of the members shall be as pro-
vided in the constitution and bylaws of the 
Foundation. 
‘‘(B) REQUIREMENTS.— 
‘‘(i) NUMBER
OF
MEMBERS.—The 
Board shall have at least 11 members, who 
shall have staggered terms. 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00334
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
335 
‘‘(ii) INITIAL VOTING MEMBERS.—The 
initial voting members of the Board— 
‘‘(I) shall be appointed by the 
Committee not later than 180 days 
after the date on which the Founda-
tion is established; and 
‘‘(II) shall have staggered terms. 
‘‘(iii) QUALIFICATION.—The members 
of the Board shall be United States citi-
zens who are knowledgeable or experienced 
in Native American health care and related 
matters. 
‘‘(C) COMPENSATION.—A member of the 
Board shall not receive compensation for service 
as a member, but shall be reimbursed for actual 
and necessary travel and subsistence expenses 
incurred in the performance of the duties of the 
Foundation. 
‘‘(h) OFFICERS.— 
‘‘(1) IN GENERAL.—The officers of the Founda-
tion shall be— 
‘‘(A) a secretary, elected from among the 
members of the Board; and 
‘‘(B) any other officers provided for in the 
constitution and bylaws of the Foundation. 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00335
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
336 
‘‘(2) CHIEF
OPERATING
OFFICER.—The sec-
retary of the Foundation may serve, at the direction 
of the Board, as the chief operating officer of the 
Foundation, or the Board may appoint a chief oper-
ating officer, who shall serve at the direction of the 
Board. 
‘‘(3) ELECTION.—The manner of election, term 
of office, and duties of the officers of the Founda-
tion shall be as provided in the constitution and by-
laws of the Foundation. 
‘‘(i) POWERS.—The Foundation— 
‘‘(1) shall adopt a constitution and bylaws for 
the management of the property of the Foundation 
and the regulation of the affairs of the Foundation; 
‘‘(2) may adopt and alter a corporate seal; 
‘‘(3) may enter into contracts; 
‘‘(4) may acquire (through a gift or otherwise), 
own, lease, encumber, and transfer real or personal 
property as necessary or convenient to carry out the 
purposes of the Foundation; 
‘‘(5) may sue and be sued; and 
‘‘(6) may perform any other act necessary and 
proper to carry out the purposes of the Foundation. 
‘‘(j) PRINCIPAL OFFICE.— 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00336
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
337 
‘‘(1) IN GENERAL.—The principal office of the 
Foundation shall be in the District of Columbia. 
‘‘(2) ACTIVITIES; OFFICES.—The activities of 
the Foundation may be conducted, and offices may 
be maintained, throughout the United States in ac-
cordance with the constitution and bylaws of the 
Foundation. 
‘‘(k) SERVICE OF PROCESS.—The Foundation shall 
comply with the law on service of process of each State 
in which the Foundation is incorporated and of each State 
in which the Foundation carries on activities. 
‘‘(l) LIABILITY
OF OFFICERS, EMPLOYEES, AND 
AGENTS.— 
‘‘(1) IN GENERAL.—The Foundation shall be 
liable for the acts of the officers, employees, and 
agents of the Foundation acting within the scope of 
their authority. 
‘‘(2) PERSONAL LIABILITY.—A member of the 
Board shall be personally liable only for gross neg-
ligence in the performance of the duties of the mem-
ber. 
‘‘(m) RESTRICTIONS.— 
‘‘(1) LIMITATION
ON
SPENDING.—Beginning 
with the fiscal year following the first full fiscal year 
during which the Foundation is in operation, the ad-
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00337
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
338 
ministrative costs of the Foundation shall not exceed 
the percentage described in paragraph (2) of the 
sum of— 
‘‘(A) the amounts transferred to the Foun-
dation under subsection (o) during the pre-
ceding fiscal year; and 
‘‘(B) donations received from private 
sources during the preceding fiscal year. 
‘‘(2) PERCENTAGES.—The percentages referred 
to in paragraph (1) are— 
‘‘(A) for the first fiscal year described in 
that paragraph, 20 percent; 
‘‘(B) for the following fiscal year, 15 per-
cent; and 
‘‘(C) for each fiscal year thereafter, 10 
percent. 
‘‘(3) APPOINTMENT
AND
HIRING.—The ap-
pointment of officers and employees of the Founda-
tion shall be subject to the availability of funds. 
‘‘(4) STATUS.—A member of the Board or offi-
cer, employee, or agent of the Foundation shall not 
by reason of association with the Foundation be con-
sidered to be an officer, employee, or agent of the 
United States. 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00338
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
339 
‘‘(n) AUDITS.—The Foundation shall comply with 
section 10101 of title 36, United States Code, as if the 
Foundation were a corporation under part B of subtitle 
II of that title. 
‘‘(o) FUNDING.— 
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
subsection (e)(1) $500,000 for each fiscal year, as 
adjusted to reflect changes in the Consumer Price 
Index for all-urban consumers published by the De-
partment of Labor. 
‘‘(2) TRANSFER
OF
DONATED
FUNDS.—The 
Secretary shall transfer to the Foundation funds 
held by the Department of Health and Human Serv-
ices under the Act of August 5, 1954 (42 U.S.C. 
2001 et seq.), if the transfer or use of the funds is 
not prohibited by any term under which the funds 
were donated. 
‘‘SEC. 803. ADMINISTRATIVE SERVICES AND SUPPORT. 
‘‘(a) PROVISION OF SUPPORT BY SECRETARY.—Sub-
ject to subsection (b), during the 5-year period beginning 
on the date on which the Foundation is established, the 
Secretary— 
‘‘(1) may provide personnel, facilities, and other 
administrative support services to the Foundation; 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00339
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
340 
‘‘(2) may provide funds for initial operating 
costs and to reimburse the travel expenses of the 
members of the Board; and 
‘‘(3) shall require and accept reimbursements 
from the Foundation for— 
‘‘(A) services provided under paragraph 
(1); and 
‘‘(B) funds provided under paragraph (2). 
‘‘(b) REIMBURSEMENT.—Reimbursements accepted 
under subsection (a)(3)— 
‘‘(1) shall be deposited in the Treasury of the 
United States to the credit of the applicable appro-
priations account; and 
‘‘(2) shall be chargeable for the cost of pro-
viding services described in subsection (a)(1) and 
travel expenses described in subsection (a)(2). 
‘‘(c) CONTINUATION OF CERTAIN SERVICES.—The 
Secretary may continue to provide facilities and necessary 
support services to the Foundation after the termination 
of the 5-year period specified in subsection (a) if the facili-
ties and services— 
‘‘(1) are available; and 
‘‘(2) are provided on reimbursable cost basis.’’. 
(b) TECHNICAL AMENDMENTS.—The Indian Self-De-
termination and Education Assistance Act is amended— 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00340
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
341 
(1) by redesignating title V (25 U.S.C. 458bbb 
et seq.) as title VII; 
(2) by redesignating sections 501, 502, and 503 
(25 U.S.C. 458bbb, 458bbb–1, 458bbb–2) as sec-
tions 701, 702, and 703, respectively; and 
(3) in subsection (a)(2) of section 702 and 
paragraph (2) of section 703 (as redesignated by 
paragraph (2)), by striking ‘‘section 501’’ and in-
serting ‘‘section 701’’. 
TITLE II—IMPROVEMENT OF IN-
DIAN 
HEALTH 
CARE 
PRO-
VIDED UNDER THE SOCIAL 
SECURITY ACT 
SEC. 201. EXPANSION OF PAYMENTS UNDER MEDICARE, 
MEDICAID, AND SCHIP FOR ALL COVERED 
SERVICES FURNISHED BY INDIAN HEALTH 
PROGRAMS. 
(a) MEDICAID.— 
(1) EXPANSION TO ALL COVERED SERVICES.— 
Section 1911 of the Social Security Act (42 U.S.C. 
1396j) is amended— 
(A) by amending the heading to read as 
follows: 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00341
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
342 
‘‘SEC. 1911. INDIAN HEALTH PROGRAMS.’’; and 
(B) by amending subsection (a) to read as 
follows: 
‘‘(a) ELIGIBILITY FOR PAYMENT FOR MEDICAL AS-
SISTANCE.—The Indian Health Service and an Indian 
Tribe, Tribal Organization, or an Urban Indian Organiza-
tion shall be eligible for payment for medical assistance 
provided under a State plan or under waiver authority 
with respect to items and services furnished by the Indian 
Health Service, Indian Tribe, Tribal Organization, or 
Urban Indian Organization if the furnishing of such serv-
ices meets all the conditions and requirements which are 
applicable generally to the furnishing of items and services 
under this title and under such plan or waiver authority.’’. 
(2) COMPLIANCE WITH CONDITIONS AND RE-
QUIREMENTS.—Subsection (b) of such section is 
amended to read as follows: 
‘‘(b) COMPLIANCE WITH CONDITIONS AND REQUIRE-
MENTS.—A facility of the Indian Health Service or an In-
dian Tribe, Tribal Organization, or an Urban Indian Or-
ganization which is eligible for payment under subsection 
(a) with respect to the furnishing of items and services, 
but which does not meet all of the conditions and require-
ments of this title and under a State plan or waiver au-
thority which are applicable generally to such facility, shall 
make such improvements as are necessary to achieve or 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00342
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
343 
maintain compliance with such conditions and require-
ments in accordance with a plan submitted to and accept-
ed by the Secretary for achieving or maintaining compli-
ance with such conditions and requirements, and shall be 
deemed to meet such conditions and requirements (and to 
be eligible for payment under this title), without regard 
to the extent of its actual compliance with such conditions 
and requirements, during the first 12 months after the 
month in which such plan is submitted.’’. 
(3) REVISION OF AUTHORITY TO ENTER INTO 
AGREEMENTS.—Subsection (c) of such section is 
amended to read as follows: 
‘‘(c) AUTHORITY TO ENTER INTO AGREEMENTS.— 
The Secretary may enter into an agreement with a State 
for the purpose of reimbursing the State for medical as-
sistance provided by the Indian Health Service, an Indian 
Tribe, Tribal Organization, or an Urban Indian Organiza-
tion (as so defined), directly, through referral, or under 
contracts or other arrangements between the Indian 
Health Service, an Indian Tribe, Tribal Organization, or 
an Urban Indian Organization and another health care 
provider to Indians who are eligible for medical assistance 
under the State plan or under waiver authority.’’. 
(4) CROSS-REFERENCES TO SPECIAL FUND FOR 
IMPROVEMENT OF IHS FACILITIES; DIRECT BILLING 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00343
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
344 
OPTION; 
DEFINITIONS.—Such section is further 
amended by striking subsection (d) and adding at 
the end the following new subsections: 
‘‘(d) SPECIAL FUND FOR IMPROVEMENT OF IHS FA-
CILITIES.—For provisions relating to the authority of the 
Secretary to place payments to which a facility of the In-
dian Health Service is eligible for payment under this title 
into a special fund established under section 401(c)(1) of 
the Indian Health Care Improvement Act, and the require-
ment to use amounts paid from such fund for making im-
provements in accordance with subsection (b), see sub-
paragraphs (A) and (B) of section 401(c)(1) of such Act. 
‘‘(e) DIRECT BILLING.—For provisions relating to 
the authority of a Tribal Health Program or an Urban 
Indian Organization to elect to directly bill for, and receive 
payment for, health care items and services provided by 
such Program or Organization for which payment is made 
under this title, see section 401(d) of the Indian Health 
Care Improvement Act. 
‘‘(f) DEFINITIONS.—In this section, the terms ‘In-
dian Health Program’, ‘Indian Tribe’, ‘Tribal Health Pro-
gram’, ‘Tribal Organization’, and ‘Urban Indian Organi-
zation’ have the meanings given those terms in section 4 
of the Indian Health Care Improvement Act.’’. 
(b) MEDICARE.— 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00344
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
345 
(1) EXPANSION TO ALL COVERED SERVICES.— 
Section 1880 of such Act (42 U.S.C. 1395qq) is 
amended— 
(A) by amending the heading to read as 
follows: 
‘‘SEC. 1880. INDIAN HEALTH PROGRAMS.’’; and 
(B) by amending subsection (a) to read as 
follows: 
‘‘(a) ELIGIBILITY FOR PAYMENTS.—Subject to sub-
section (e), the Indian Health Service and an Indian 
Tribe, Tribal Organization, or an Urban Indian Organiza-
tion shall be eligible for payments under this title with 
respect to items and services furnished by the Indian 
Health Service, Indian Tribe, Tribal Organization, or 
Urban Indian Organization if the furnishing of such serv-
ices meets all the conditions and requirements which are 
applicable generally to the furnishing of items and services 
under this title.’’. 
(2) COMPLIANCE WITH CONDITIONS AND RE-
QUIREMENTS.—Subsection (b) of such section is 
amended to read as follows: 
‘‘(b) COMPLIANCE WITH CONDITIONS AND REQUIRE-
MENTS.—Subject to subsection (e), a facility of the Indian 
Health Service or an Indian Tribe, Tribal Organization, 
or an Urban Indian Organization which is eligible for pay-
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00345
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
346 
ment under subsection (a) with respect to the furnishing 
of items and services, but which does not meet all of the 
conditions and requirements of this title which are applica-
ble generally to such facility, shall make such improve-
ments as are necessary to achieve or maintain compliance 
with such conditions and requirements in accordance with 
a plan submitted to and accepted by the Secretary for 
achieving or maintaining compliance with such conditions 
and requirements, and shall be deemed to meet such con-
ditions and requirements (and to be eligible for payment 
under this title), without regard to the extent of its actual 
compliance with such conditions and requirements, during 
the first 12 months after the month in which such plan 
is submitted.’’. 
(3) CROSS-REFERENCES TO SPECIAL FUND FOR 
IMPROVEMENT OF IHS FACILITIES; DIRECT BILLING 
OPTION; DEFINITIONS.— 
(A) IN GENERAL.—Such section is further 
amended by striking subsections (c) and (d) 
and inserting the following new subsections: 
‘‘(c) SPECIAL FUND FOR IMPROVEMENT OF IHS FA-
CILITIES.—For provisions relating to the authority of the 
Secretary to place payments to which a facility of the In-
dian Health Service is eligible for payment under this title 
into a special fund established under section 401(c)(1) of 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00346
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
347 
the Indian Health Care Improvement Act, and the require-
ment to use amounts paid from such fund for making im-
provements in accordance with subsection (b), see sub-
paragraphs (A) and (B) of section 401(c)(1) of such Act. 
‘‘(d) DIRECT BILLING.—For provisions relating to 
the authority of a Tribal Health Program or an Urban 
Indian Organization to elect to directly bill for, and receive 
payment for, health care items and services provided by 
such Program or Organization for which payment is made 
under this title, see section 401(d) of the Indian Health 
Care Improvement Act.’’. 
(B) 
CONFORMING
AMENDMENT.—Para-
graph (3) of section 1880(e) of such Act (42 
U.S.C. 1395qq(e)) is amended by inserting 
‘‘and section 401(c)(1) of the Indian Health 
Care Improvement Act’’ after ‘‘Subsection (c)’’. 
(4) DEFINITIONS.—Such section is further 
amended by amending subsection (f) to read as fol-
lows: 
‘‘(f) DEFINITIONS.—In this section, the terms ‘In-
dian Health Program’, ‘Indian Tribe’, ‘Service Unit’, 
‘Tribal Health Program’, ‘Tribal Organization’, and 
‘Urban Indian Organization’ have the meanings given 
those terms in section 4 of the Indian Health Care Im-
provement Act.’’. 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00347
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
348 
(c) APPLICATION TO SCHIP.—Section 2107(e)(1) of 
the Social Security Act (42 U.S.C. 1397gg(e)(1)) is 
amended— 
(1) by redesignating subparagraph (D) as sub-
paragraph (E); and 
(2) by inserting after subparagraph (C), the fol-
lowing new subparagraph: 
‘‘(D) Section 1911 (relating to Indian 
Health Programs, other than subsection (d) of 
such section).’’. 
SEC. 202. INCREASED OUTREACH TO INDIANS UNDER MED-
ICAID AND SCHIP AND IMPROVED COOPERA-
TION IN THE PROVISION OF ITEMS AND 
SERVICES TO INDIANS UNDER SOCIAL SECU-
RITY ACT HEALTH BENEFIT PROGRAMS. 
Section 1139 of the Social Security Act (42 U.S.C. 
1320b–9) is amended to read as follows: 
‘‘SEC. 1139. IMPROVED ACCESS TO, AND DELIVERY OF, 
HEALTH CARE FOR INDIANS UNDER TITLES 
XVIII, XIX, AND XXI. 
‘‘(a) AGREEMENTS WITH STATES
FOR MEDICAID 
AND SCHIP OUTREACH ON OR NEAR RESERVATIONS TO 
INCREASE
THE ENROLLMENT
OF INDIANS
IN THOSE 
PROGRAMS.— 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00348
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
349 
‘‘(1) IN GENERAL.—In order to improve the ac-
cess of Indians residing on or near a reservation to 
obtain benefits under the Medicaid and State chil-
dren’s health insurance programs established under 
titles XIX and XXI, the Secretary shall encourage 
the State to take steps to provide for enrollment on 
or near the reservation. Such steps may include out-
reach efforts such as the outstationing of eligibility 
workers, entering into agreements with the Indian 
Health Service, Indian Tribes, Tribal Organizations, 
and Urban Indian Organizations to provide out-
reach, education regarding eligibility and benefits, 
enrollment, and translation services when such serv-
ices are appropriate. 
‘‘(2) CONSTRUCTION.—Nothing in subpara-
graph (A) shall be construed as affecting arrange-
ments entered into between States and the Indian 
Health Service, Indian Tribes, Tribal Organizations, 
or Urban Indian Organizations for such Service, 
Tribes, or Organizations to conduct administrative 
activities under such titles. 
‘‘(b) REQUIREMENT
TO
FACILITATE
COOPERA-
TION.—The Secretary, acting through the Centers for 
Medicare & Medicaid Services, shall take such steps as are 
necessary to facilitate cooperation with, and agreements 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00349
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
350 
between, States and the Indian Health Service, Indian 
Tribes, Tribal Organizations, or Urban Indian Organiza-
tions with respect to the provision of health care items 
and services to Indians under the programs established 
under title XVIII, XIX, or XXI. 
‘‘(c) DEFINITION OF INDIAN; INDIAN TRIBE; INDIAN 
HEALTH PROGRAM; TRIBAL ORGANIZATION; URBAN IN-
DIAN ORGANIZATION.—In this section, the terms ‘Indian’, 
‘Indian Tribe’, ‘Indian Health Program’, ‘Tribal Organi-
zation’, and ‘Urban Indian Organization’ have the mean-
ings given those terms in section 4 of the Indian Health 
Care Improvement Act.’’. 
SEC. 203. ADDITIONAL PROVISIONS TO INCREASE OUT-
REACH TO, AND ENROLLMENT OF, INDIANS 
IN SCHIP AND MEDICAID. 
(a) NONAPPLICATION
OF 10 PERCENT LIMIT
ON 
OUTREACH AND CERTAIN OTHER EXPENDITURES.—Sec-
tion 2105(c)(2) of the Social Security Act (42 U.S.C. 
1397ee(c)(2)) is amended by adding at the end the fol-
lowing new subparagraph: 
‘‘(C) NONAPPLICATION TO EXPENDITURES 
FOR
OUTREACH
TO
INCREASE
THE
ENROLL-
MENT OF INDIAN CHILDREN UNDER THIS TITLE 
AND
TITLE
XIX.—The limitation under sub-
paragraph (A) on expenditures for items de-
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00350
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS