[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2067 Reported in Senate (RS)]

                                                       Calendar No. 545

103d CONGRESS

  2d Session

                                S. 2067

                          [Report No. 103-327]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             August 8, 1994

                       Reported with an amendment





                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN HEALTH.

    (a) Establishment.--There is established within the Department of 
Health and Human Services the Office of the Assistant Secretary for 
Indian Health.
    (b) Assistant Secretary of Indian Health.--In addition to the 
functions performed on the date of enactment of this Act by the 
Director of the Indian Health Service, the Assistant Secretary for 
Indian Health shall perform such functions as the Secretary of Health 
and Human Services may designate.
    (c) References.--Reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or relating to the Director of the Indian Health Service shall be 
deemed to refer the Assistant Secretary for Indian Health.
    (d) Rate of Pay.--(1) Section 5315 of title 5, United States Code, 
is amended by striking the following:
            ``Assistant Secretaries of Health and Human Services 
        (5).'';
and inserting the following:
            ``Assistant Secretaries of Health and Human Services 
        (6).''.
    (2) Section 5316 of such title is amended by striking the 
following:
            ``Director, Indian Health Service, Department of Health and 
        Human Services.''.
    (e) Conforming Amendments.--(1) Section 601 of the Indian Health 
Care Improvement Act (25 U.S.C. 1661) is amended--
            (A) in the second sentence of subsection (a), by striking 
        ``a Director,'' and inserting ``the Assistant Secretary for 
        Indian Health,'';
            (B) in the fourth sentence of subsection (a), by striking 
        ``the Director'' and inserting ``the Assistant Secretary for 
        Indian Health'';
            (C) by striking out the fifth sentence of subsection (a); 
        and
            (D) by striking ``Director of the Indian Health Service'' 
        each place it appears and inserting ``Assistant Secretary for 
        Indian Health''.
    (2) The following provisions are amended by striking ``Director of 
the Indian Health Service'' each place it appears and inserting 
``Assistant Secretary for Indian Health'':
            (A) Section 816(c)(1) of the Indian Health Care Improvement 
        Act (25 U.S.C. 1680f(c)(1)).
            (B) Section 203(a)(1) of the Rehabilitation Act of 1973 (29 
        U.S.C. 761b(a)(1)).
            (C) Subsections (b) and (e) of section 518 of the Federal 
        Water Pollution Control Act (33 U.S.C. 1377(b), (e)).
            (D) Section 803B(d)(1) of the Native American Programs Act 
        of 1974 (42 U.S.C. 2991b-2(d)(1)).

SEC. 2. ORGANIZATION OF INDIAN HEALTH SERVICE WITHIN DEPARTMENT OF 
              HEALTH AND HUMAN SERVICES.

    (a) Organization.--Section 601 of the Indian Health Care 
Improvement Act (25 U.S.C. 1661), as amended by section 1(e)(1), is 
further amended--
            (1) by striking out ``within the Public Health Service of 
        the Department of Health and Human Services'' each place it 
        appears and inserting ``within the Department of Health and 
        Human Services''; and
            (2) in the second sentence of subsection (a), by striking 
        out ``report to the Secretary through the Assistant Secretary 
        for Health of the Department of Health and Human Services'' and 
        inserting ``report to the Secretary''.
    (b) Conforming Amendment.--The section heading of such section is 
amended by striking the following:

``establishment of the indian health service as an agency of the public 
                           health service'';

and inserting the following:

``establishment of the indian health service as an agency of department 
                    of health and human services''.

    (c) Utilization of Public Health Service Personnel.---N-o-t-h-i-n-g 
-i-n -t-h-i-s -s-e-c-t-i-o-n -s-h-a-l-l -b-e -i-n-t-e-r-p-r-e-t-e-d 
-a-s -t-e-r-m-i-n-a-t-i-n-g -o-r -o-t-h-e-r-w-i-s-e -m-o-d-i-f-y-i-n-g 
-a-n-y -a-u-t-h-o-r-i-t-y -p-r-o-v-i-d-i-n-g -f-o-r -t-h-e 
-u-t-i-l-i-z-a-t-i-o-n The Secretary shall provide for the utilization 
by the Indian Health Service of officers or employees of the Public 
Health Service for the purposes of carrying out the responsibilities of 
the Indian Health Service. Any officers or employees so utilized shall 
be treated as officers or employees detailed to an executive department 
under section 214(a) of the Public Health Service (42 U.S.C. 215(a)).