[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1770 Reported in Senate (RS)]






                                                       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.

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

<DELETED>SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN 
              HEALTH.</DELETED>

<DELETED>    (a) Establishment.--There is established within the 
Department of Health and Human Services the Office of the Assistant 
Secretary for Indian Health.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Rate of Pay.--</DELETED>
        <DELETED>    (1) Positions at level iv.--Section 5315 of title 
        5, United States Code, is amended--</DELETED>
                <DELETED>    (A) by striking the following:</DELETED>
        <DELETED>    ``Assistant Secretaries of Health and Human 
        Services (6).''; and</DELETED>
                <DELETED>    (B) by inserting the following:</DELETED>
        <DELETED>    ``Assistant Secretaries of Health and Human 
        Services (7).''.</DELETED>
        <DELETED>    (2) Positions at level v.--Section 5316 of such 
        title is amended by striking the following:</DELETED>
        <DELETED>    ``Director, Indian Health Service, Department of 
        Health and Human Services.''.</DELETED>
<DELETED>    (e) Conforming Amendments.--</DELETED>
        <DELETED>    (1) In general.--Section 601 of the Indian Health 
        Care Improvement Act (25 U.S.C. 1661) is amended--</DELETED>
                <DELETED>    (A) in subsection (a)--</DELETED>
                        <DELETED>    (i) in the second sentence, by 
                        striking ``a Director,'' and inserting ``the 
                        Assistant Secretary for Indian 
                        Health,'';</DELETED>
                        <DELETED>    (ii) in the third sentence, by 
                        striking ``The Director of the Indian Health 
                        Service'' and inserting ``The Assistant 
                        Secretary for Indian Health'';</DELETED>
                        <DELETED>    (iii) in the fourth sentence, by 
                        striking ``the Director'' and inserting ``the 
                        Assistant Secretary for Indian Health''; 
                        and</DELETED>
                        <DELETED>    (iv) by striking the fifth 
                        sentence;</DELETED>
                <DELETED>    (B) in subsection (c), by striking 
                ``Director of the Indian Health Service'' both places 
                it appears and inserting ``Assistant Secretary for 
                Indian Health''; and</DELETED>
                <DELETED>    (C) in subsection (d), by striking 
                ``Director of the Indian Health Service'' and inserting 
                ``Assistant Secretary for Indian Health''.</DELETED>
        <DELETED>    (2) Miscellaneous.--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'':</DELETED>
                <DELETED>    (A) Section 816(c)(1) of the Indian Health 
                Care Improvement Act (25 U.S.C. 1680f(c)(1)).</DELETED>
                <DELETED>    (B) Section 203(a)(1) of the 
                Rehabilitation Act of 1973 (29 U.S.C. 
                761b(a)(1)).</DELETED>
                <DELETED>    (C) Subsections (b) and (e) of section 518 
                of the Federal Water Pollution Control Act (33 U.S.C. 
                1377 (b) and (e)).</DELETED>
                <DELETED>    (D) Section 803B(d)(1) of the Native 
                American Programs Act of 1974 (42 U.S.C. 2991b-
                2(d)(1)).</DELETED>

<DELETED>SEC. 2. ORGANIZATION OF INDIAN HEALTH SERVICE WITHIN THE 
              DEPARTMENT OF HEALTH AND HUMAN SERVICES.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The section heading of section 
601 of the Indian Health Care Improvement Act (25 U.S.C. 1661) is 
amended to read as follows:</DELETED>

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

<DELETED>    (c) Utilization of Public Health Service Personnel.--
</DELETED>
        <DELETED>    (1) In general.--Nothing in the amendments made by 
        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.</DELETED>
        <DELETED>    (2) Treatment of officers and employees.--Any 
        officer or employee that is utilized in the manner described in 
        paragraph (1) shall be treated as an officer or employee 
        detailed to an executive department under section 214(a) of the 
        Public Health Service Act (42 U.S.C. 215(a)).</DELETED>

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 in order to, in a manner consistent with the government-
to-government relationship between the United States and Indian 
tribes--
            (1) facilitate advocacy for the development of appropriate 
        Indian health policy; and
            (2) promote consultation on matters related to 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. The Assistant Secretary for Indian 
Health shall--
            (1) report directly to the Secretary concerning all policy- 
        and budget-related matters affecting Indian health;
            (2) collaborate with the Assistant Secretary for Health 
        concerning appropriate matters of Indian health that affect the 
        agencies of the Public Health Service;
            (3) advise each Assistant Secretary of the Department of 
        Health and Human Services concerning matters of Indian health 
        with respect to which that Assistant Secretary has authority 
        and responsibility;
            (4) advise the heads of other agencies and programs of the 
        Department of Health and Human Services concerning matters of 
        Indian health with respect to which those heads have authority 
        and responsibility; and
            (5) coordinate the activities of the Department of Health 
        and Human Services concerning matters of Indian health.
    (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) Positions at level iv.--Section 5315 of title 5, United 
        States Code, is amended--
                    (A) by striking the following:
            ``Assistant Secretaries of Health and Human Services 
        (6).''; and
                    (B) by inserting the following:
            ``Assistant Secretaries of Health and Human Services 
        (7).''.
            (2) Positions at level v.--Section 5316 of such title is 
        amended by striking the following:
            ``Director, Indian Health Service, Department of Health and 
        Human Services.''.
    (e) Duties of Assistant Secretary for Indian Health.--Section 601 
of the Indian Health Care Improvement Act (25 U.S.C. 1661) is amended 
in subsection (a)--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) in the second sentence of paragraph (1), as so 
        designated, by striking ``a Director,'' and inserting ``the 
        Assistant Secretary for Indian Health,''; and
            (3) by striking the third sentence of paragraph (1) and all 
        that follows through the end of the subsection and inserting 
        the following: ``The Assistant Secretary for Indian Health 
        shall carry out the duties specified in paragraph (2).
    ``(2) The Assistant Secretary for Indian Health shall--
            ``(A) report directly to the Secretary concerning all 
        policy- and budget-related matters affecting Indian health;
            ``(B) collaborate with the Assistant Secretary for Health 
        concerning appropriate matters of Indian health that affect the 
        agencies of the Public Health Service;
            ``(C) advise each Assistant Secretary of the Department of 
        Health and Human Services concerning matters of Indian health 
        with respect to which that Assistant Secretary has authority 
        and responsibility;
            ``(D) advise the heads of other agencies and programs of 
        the Department of Health and Human Services concerning matters 
        of Indian health with respect to which those heads have 
        authority and responsibility; and
            ``(E) coordinate the activities of the Department of Health 
        and Human Services concerning matters of Indian health.''.
    (f) Continued Service by Incumbent.--The individual serving in the 
position of Director of the Indian Health Service on the date preceding 
the date of enactment of this Act may serve as Assistant Secretary for 
Indian Health, at the pleasure of the President after the date of 
enactment of this Act.
    (g) Conforming Amendments.--
            (1) Amendments to indian health care improvement act.--The 
        Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.) is 
        amended--
                    (A) in section 601--
                            (i) in subsection (c), by striking 
                        ``Director of the Indian Health Service'' both 
                        places it appears and inserting ``Assistant 
                        Secretary for Indian Health''; and
                            (ii) in subsection (d), by striking 
                        ``Director of the Indian Health Service'' and 
                        inserting ``Assistant Secretary for Indian 
                        Health''; and
                    (B) in section 816(c)(1), by striking ``Director of 
                the Indian Health Service'' and inserting ``Assistant 
                Secretary for Indian Health''.
            (2) Amendments to other provisions of law.--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 203(a)(1) of the Rehabilitation Act of 
                1973 (29 U.S.C. 761b(a)(1)).
                    (B) Subsections (b) and (e) of section 518 of the 
                Federal Water Pollution Control Act (33 U.S.C. 1377 (b) 
                and (e)).
                    (C) Section 803B(d)(1) of the Native American 
                Programs Act of 1974 (42 U.S.C. 2991b-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 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.

_______________________________________________________________________

                           September 9, 1998

        Reported with an amendment and an amendment to the title