[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 311 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 311

  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

             February 1 (legislative day, January 30), 1995

 Mr. McCain (for himself, Mr. Campbell, and Mr. Thomas) 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.

    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 for 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 to 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 
        (6).'';
and inserting the following:
            ``Assistant Secretaries of Health and Human Services 
        (7).''.
    (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 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 each 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) and (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 THE 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 ``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 third sentence of subsection (a), by striking 
        ``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 to read as follows:

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

    (c) Utilization of Public Health Service Personnel.--Nothing in 
this section may be interpreted as terminating or otherwise modifying 
any authority providing 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 Act (42 U.S.C. 215(a)).
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