[Congressional Record Volume 140, Number 133 (Wednesday, September 21, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 21, 1994]



                   INDIAN HEALTH SERVICES LEGISLATION

  Mr. CONRAD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 545, S. 2067, a 
bill to elevate the position of Director of Indian Health Service to 
Assistant Secretary of Health and Human Services; that the committee 
amendment be agreed to, the bill be deemed read the third time, passed, 
and the motion to reconsider laid upon the table; further, that any 
statements on this measure appear in the Record at the appropriate 
place as though read.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the bill (S. 2067) was deemed read the third time, and passed, as 
follows:
  (The part of the bill intended to be stricken is shown in boldface 
brackets, and the part of the bill intended to be inserted is shown in 
italic.)

                                S. 2067

       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 2033(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.--
     [Nothing in this section shall be interpreted as terminating 
     or otherwise modifying any authority providing for the 
     utilization] 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)).

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