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Health Care Legislation - S. 522 (2)
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6789391
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Health Care Legislation - S. 522 (2)
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Bradley H. Patterson Files (Ford Administration)
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The original documents are located in Box 2, folder "Health Care Legislation - S. 522 (2)" of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 2 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library THE WHITE HOUSE WASHINGTON DATE 2/5/76 TO: Dr. marrs FROM: SARAH MASSENGALE E-5 HEALTH, EDUCATION, AND WELFARE SUBJECT: INDIAN HEALTH CARE SENATE BILL: S. 522 (Jackson (D) Wash.) HOUSE BILL : H.R. 2525 (Meeds (D) Wash.) BACKGROUND: S. 522, as introduced, is identical to S. 2938 which was passed by the Senate (voice vote) on 11/25/74. The Administration opposed S. 2938 last year for the same reasons that it opposes S. 522 (see position below). H.R. 2525 is similar to S. 522. PROVISIONS: S. 522 and H.R. 2525 would authorize new categorical programs and appropriation levels for 7-year and 5-year periods, respectively, to expand and upgrade the services and facilities of Federal Indian health programs. Specifically, the bills would: -- establish new scholarship programs to recruit, prepare and enroll Indians in health professions schools, -- provide specific authorization levels for health services (including alcholism and mental health in S. 522) and health facilities, -- provide for Medicare and Medicaid reimbursements for health services provided in IHS facilities, and -- establish outreach programs in urban areas to make health services more accessible to the urban Indian population. ADMINISTRATION OBJECTIONS: The bills would create over 20 new categorical programs for a specific population group. This approach is contrary to the Administration's policy of meeting the health needs of Americans through broad- based programs such as Medicare and Medicaid. All the program activities authorized by the bills can be con- ducted under existing legislative authority. In addition, the authorization levels are significantly higher than warranted. The Administration opposes the bills except for the provisions requiring Medicare and Medicaid reimburse- ments for services provided to eligible beneficiaries in Indian Health Service facilities. Federal assistance for health manpower, health services and upgrading health facilities is being carried out through existing Federal programs (e.g., Interior's Bureau of Indian Affairs already conducts a scholarship program that meets the objectives of the bills) and is adequately funded in the 1976 budget. FORD 11/26/75 GERALD LIBRARY E-5 (Cont'd) SUBJECT: INDIAN HEALTH CARE (PAGE 2) BUDGET IMPACT: S. 522 would authorize $213 million for the first full year and would add new programs costing $29 million in FY 1976. Over a 7-year period it would authorize a total of $1.25 25 billion. H.R. 2525 would authorize $191 million for FY 76 and $1.1 billion over a 5-year period. The 1976 budget provides outlays of $322 million for the Indian Health Service, a 175% increase in six years. STATUS: HEW reported not consistent with to Senate Interior Cte. disapproving all but Title IV of S. 522. 5/16 Senate passed S. 522 (voice vote) 12/9 H. Interior and Insular Affairs subcte approved H.R. 2525 amended LIBRARY FORD y GERALD 12/10/75 PRESIDENT JAMES B. GILLESPIE, M.D. 9 TENNIS COURT, N.W. AMERICAN DISTRICT CHAIRMEN MERRITT B. LOW, M.D. LA LUZ GREENFIELD, MASSACHUSETTS ALBUQUERQUE, NEW MEXICO 87120 STEWART C. WAGONER, M.D. SCHENECTADY, NEW YORK VICE-PRESIDENT WILLIAM A. HOWARD, M.D. JOHN C. MACQUEEN, M.D. WASHINGTON, DISTRICT OF COLUMBIA DEPT. OF PEDIATRICS EDWIN L. KENDIG, JR., M.D. UNIVERSITY OF IOWA HOSPITALS PEDIATRIC RICHMOND, VIRGINIA @ BRUCE D. GRAHAM, M.D. IOWA CITY, IOWA 52242 COLUMBUS, OHIO EXECUTIVE DIRECTOR R. DON BLIM, M.D. ROBERT G. FRAZIER, M.D. ASSOCIATE DIRECTORS American Academy of Pedialrics KANSAS CITY, MISSOURI DAVID W. VAN GELDER, M.D. BATON ROUGE, LOUISIANA STANLEY L. HARRISON, M.D. THOMAS C. cocK, M.D. BELLEVUE, WASHINGTON RICHARD W. OLMSTED, M.D. P.O. BOX 1034 EVANSTON, ILLINOIS 60204 SAUL J. ROBINSON, M.D. SECRETARY SAN FRANCISCO, CALIFORNIA GERALD E. HUGHES, M.D. EVANSTON (312) 869-4255 CHICAGO (312) 273-3646 GUILLERMO GUILLEN-ALVAREZ, M.D. SAN SALVADOR, EL SALVADOR TREASURER COMMITTEE ON INDIAN HEALTH HELIO SABASTIAO DE MARTINO, M.D. DANIEL A. DAMON RIO DE JANEIRO, BRASIL 1601 N. TUCSON BLVD., #35 ULADISLAO LOZANO ZEGARRA, M.D. LIMA, PERU TUCSON, AZ. 85716 FEBRUARY 19, 1976 THE INDIAN HEALTH IMPROVEMENT BILL HAS BEEN PLACED ON THE LIST OF "CONTROVERISAL BILLS" ON WHICH THE INTERIOR COMMITTEE OF THE HOUSE IS HOLDING MONDAY. AND TUESDAY MEETINGS. MR. JOE SKUBITZ, LEADING MINORITY MEMBER OF THE COMMITTE, HAS BEEN LEADING THE OPPOSITION TO THE BILL. I BELIEVE THAT HE HAS BEEN MISINFORMED BY THE ADMINISTRATION AS REGARDS THE NEEDS OF THE INDIAN PEOPLE. THE ADMINISTRATION'S POSITION HAS ALWAYS BEEN THAT NEW LEGISLATION IS NOT NEEDED. THE CRISES IN INDIAN HEALTH HAS DEVELOPED UNDER THE SAME GUIDELINES THAT THE ADMINISTRATION SAYS IT CAN SOLVE. THIS ARGUMENT IS NOT ONLY INCONSISTENT BUT UNREALISTIC. THE PROBLEM IN THE PAST HAS BEEN THAT ONLY THE POLITICALLY POTENT TRIBES HAVE RECEIVED MOST OF THE ATTENTION. THE INDIAN HEALTH BILL HAS ALREADY BEEN COMPROMISED. WE NATIONAL MEDICAL ORGANIZATIONS (A.A.P., A.C.O.G., A.A.F.P. AND A.M.A.) HAVE BEEN ADVOCATING PASSAGE OF THIS BILL BECAUSE FOR OVER TEN YEARS WE HAVE SEEN THE PROBLEMS DEVELOP AFTER MANY PERSONAL VISITATIONS TO THE AREA INDIAN RESERVATIONS AND ALASKA NATIVE VILLAGES. AS CHAIRMAN OF THE A.A.P. COMMITTEE ON INDIAN HEALTH, I ASK THAT YOU PLEASE HEED OUR ADVISE, WE ARE POLITICALLY BIPARTISAN AND FEEL THAT THE BILL SHOULD HAVE REMAINED BIPARTISAN. OBVIOUSLY, THE ONLY REAL OPPOSITION TO ADEQUATE INDIAN HEALTH IMPROVEMENT ARE THE BUREAUCRATIC DIE-HARDS IN THE O.M.B. AND W.E.W. WHO EITHER ARE BRUTALLY INDIFFERENT OR ACTIVELY RACIST AGAINST THE AMERICAN INDIAN PEOPLE. CINDIAN HEALTH CARE IMPROVEMENT ACT - A VERSION REPORTEDLY CLOSE TO HR 7852) FORD will LIBRARY GERALD PRESIDENT DISTRICT CHAIRMEN JAMES B. GILLESPIE, M.D. MERRITT B. LOW, M.D. 9 TENNIS COURT, N.W. GREENFIELD, MASSACHUSETTS LA LUZ STEWART C. WAGONER, M.D. ALBUQUERQUE, NEW MEXICO 87120 SCHENECTADY, NEW YORK WILLIAM A. HOWARD, M.D. VICE-PRESIDENT WASHINGTON, DISTRICT OF COLUMBIA JOHN C. MACQUEEN, M.D. EDWIN L. KENDIG, JR., M.D. DEPT. OF PEDIATRICS UNIVERSITY OF IOWA HOSPITALS . PEDIATRIC RICHMOND, VIRGINIA BRUCE D. GRAHAM, M.D. IOWA CITY, IOWA 52242 COLUMBUS, OHIO R. DON BLIM, M.D. EXECUTIVE DIRECTOR American Academy of Pediatrics KANSAS CITY, MISSOURI ROBERT G. FRAZIER, M.D. DAVID W. VAN GELDER, M.D. BATON ROUGE, LOUISIANA ASSOCIATE DIRECTORS THOMAS C. cocK, M.D. STANLEY L. HARRISON, M.D. BELLEVUE, WASHINGTON RICHARD W. OLMSTED, M.D. SAUL J. ROBINSON, M.D. P.O. BOX 1034 EVANSTON, ILLINOIS 60204 SAN FRANCISCO, CALIFORNIA SECRETARY GERALD E. HUGHES, M.D. EVANSTON (312) 869-4255 CHICAGO (312) 273-3646 GUILLERMO GUILLEN-ALVAREZ, M.D. SAN SALVADOR, EL SALVADOR TREASURER HELIO SABASTIAO DE MARTINO, M.D. COMMITTEE ON INDIAN HEALTH DANIEL A. DAMON RIO DE JANEIRO, BRASIL 1601 N. TUCSON BLVD. #35 ULADISLAO LOZANO ZEGARRA, M.D. LIMA, PERU TUCSON, AZ. 85716 MAY 12, 1976 DR. THEODORE MARRS SPECIAL ASSISTANT TO THE PRESIDENT THE WHITE HOUSE WASHINGTON, D.C. DEAR TED: AS REQUESTED, HERE ARE THE ENCLOSURES ON THE INDIAN HEALTH IMPROVEMENT BILL. I HOPE THE PRESIDENT CAN BE PERSUADED NOT TO VETO THIS LEGISLATION. SINCERELY, Aid SIDNEY R. KEMBERLING, M.D. CHAIRMAN FORD SRK/MK ENCLOSURES 10/14/75 October 9, 1975 Representative James P. Johnson 129 Cannon House Office Building U.S. House of Representatives Washington, D.C. 20515 Dear Mr. Johnson: I'm writing to ask your support of HR 7852, the Indian Improvement Bill, in the Sub-committee on Indian Health. The bill has the endorsement of the American Academy of Pediatrics. Ine scademy believes that the passage of this legislation would greatly enhance the health resources and services available to Indian children. As you know S 522 has passed the Senate by a sub- stantial margin. I hope you will support committee action to bring HR 7852 to the floor of the House of Representatives. Sincerely, James E. Strain, Chairman, District 8 Academy of Pediatrics JES/rs copy to Sidney kemberlin, N.D. GERALD FORD LIBRARY & 11/5/95 JAMES P. JOHNSON OFFICE ADDRESS: Ave DISTRICT, COLORADO 129 CANNON BUILDING WASHINGTON, D.C. 20515 COMMITTEES (202) 225-4676 AGRICUL TURE Congress of the United States DISTRICT OFFICES: 203 FEDERAL BUILDING Form COLLINS, COLORADO 80521 INTERIOR AND INSULAR AFFAIRS House of Representatives (303) 493-9132 FEDERAL BUILDING SELECT COMMITTEE ON Mashington, D.C. 20515 GRAND JUNCTION, COLORADO 81501 INTELLIGENCE (303) 243-1736 ROOM 9, 230 MAIN STREET October 24, 1975 FORT MORGAN, COLORADO 80701 (303) 867-8909 719 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 (303) 945-6491 P.O. Box 21203 DENVER, COLORADO 80221 James E. Strain, M.D., P.C. (303) 427-6439 556 South Jersey Street Denver, Colorado 80222 Dear Dr. Strain: Thank you for your recent comments regarding the Indian Health Measure, H.R. 7852. I appreciate your interest and concern. As you may be aware, H.R. 7852 is substantively the same measure as the original Indian Health legislation of this Congress, H.R. 2525, reflect- ing the amendments added in the Senate. The Indians Subcommittee, of which I am a member, is scheduled to "mark-up" the bill next week. Several amendments are expected before the Subcommittee, including an authorization for an American Indian School of Medicine and increased funding for Indian mental health and alcoholism programs. Staff counsel for the Subcommittee expects a bill to be reported to the full House Interior Committee early in November. There is also a good chance that the full committee will draft a "clean bill," or new piece of legislation, encompassing all of the amendments from the House and Senate. It should be ready for reporting to the floor before 1975 adjournment. Given the strong bi-partisan support for this bill, in both chambers of the Congress, and the seventy Members who have already co-sponsored one or another of the versions, prospects for approval are very good. Sincerely yours, Member dames P. of Johnson Congress JPJ/e Sid - This. is Rep Jcknsons 24ply to my Letter October 10, 1975 The Honorable Carl Albert Speaker of the House U.S. House of Representatives The Speakers Rooms Washington DC 20515 Dear Speaker Albert: The American Academy of Pediatrics Indian Health Committee, is very interested in the Indian Health Improvement Bill, HR 7852. I am a member of that Committee, and I feel that we in Oklahoma, with our strong Indian heritage, should give this bill strong support. I respectfully seek and encourage your support of this legislation. Sincerely yours, EMIL F. STRATTON, M. D. EFS/lw above letter sent to: Ted Riwenhoover - Congress of the United States, Tom Steed House of Representatives FORD LIBRA Givh James R. Jones Washington DC 20515 John Jarman Glen English TED RISENHOOVER COMMITTEE ON PUBLIC WORKS 2D DISTRICT, OKLAHOMA AND TRANSPORTATION SUBCOMMITTEES: JOE CARTER ECONOMIC DEVELOPMENT ADMINISTRATIVE ASSISTANT WASHINGTON OFFICE: Congress of the United States INVESTIGATIONS AND REVIEW PUBLIC BUILDINGS AND GROUNDS 1407 LONGWORTH BUILDING (202) 225-2701 house of Representatives COMMITTEE ON INTERIOR AND INSULAR AFFAIRS DISTRICT OFFICES: Blashington, D.C. 20515 SUBCOMMITTEES: PATRICK O'REILLY PUBLIC LANDS FEDERAL BUILDING, ROOM 102 INDIAN AFFAIRS MUSKOGEE, OKLAHOMA 74401 WATER AND Power RESOURCES (918) 687-7509 March 16, 1976 SELECT COMMITTEE ON AGING BILL WILLIS SUBCOMMITTEES: 109 EAST DELAWARE FEDERAL, STATE AND COMMUNITY TAHLEQUAH, OKLAHOMA 74464 SERVICES (918) 456-0591 Emil F. Stratton, M.D., F.A.A.P. Memorial Medical Building 443 North 16th Street Muskogee, Oklahoma 74401 Dear Dr. Stratton: Thank you for taking the time to write informing me of your concern for the future of the Indian Health Services Bill-- H. R. 2525. It has been my opportunity to be one of the principal workers on this bill as it was considered in both Indian Affairs Sub- committee and full Interior and Insular Affairs Committee, both of which I am a member. You can be assured that I have done everything within my Congressional powers to insure passage of this badly-needed legislation. In full Interior Committee, we encountered little adamant opposition---the strongest being from Congressman Joe Skubitz of Kansas. We were able to avoid the inclusion of detrimental amendments for the most part. However, I do foresee a consider- able floor battle when this is brought to the Floor for final consideration. I am working closely with the House Leadership to enable us to have the greatest chance for success in passing this bill. Again, thanks for writing and if I may be of service or assistance regarding this or any matter, please do not hesitate to call on me. You have my kindest personal regards. Sincerely, Ted Ted Risenhoover, M.C. TR:Cjp TED RISENHOOVER COMMITTEE ON 2D DISTRICT, OKLAHOMA EDUCATION AND LABOR SUBCOMMITTEES: JOE CARTER LABOR STANDARDS ADMINISTRATIVE ASSISTANT WASHINGTON OFFICE: Congress of the United States COMPENSATION, MANPOWER, HEALTH AND SAFETY 1407 LONGWORTH BUILDING ELEMENTARY, SECONDARY AND (202) 225-2701 VOCATIONAL EDUCATION house of Representatives BILL WILLIS COMMITTEE ON DISTRICT OFFICE DIRECTOR ROOM 102, FEDERAL BUILDING Mashington, D.C. 20515 INTERIOR AND INSULAR AFFAIRS MUSKOGEE, OKLAHOMA 74401 SUBCOMMITTEES: (918) 687-7509 PUBLIC LANDS INDIAN AFFAIRS JOHN TENNISON WATER AND POWER RESOURCES LABOR LIAISON TAMLEQUAH DISTRICT OFFICE: 109 EAST DELAWARE SELECT COMMITTEE ON AGING TAHLEQUAH, OKLAHOMA 74464 October 28, 1975 SUBCOMMITTEE, (918) 456-0591 FEDERAL STATE AND COMMUNITY SERVICES Dr. Emil F. Stratton, M. D. Memorial Medical Building 443 North 16th Street Muskogee, Oklahoma 74401 Dear Dr. Stratton: Thank you for writing to inform me of your support for the Indian Health Improvements Bill, H. R. 7852. Please know that I join you in your support of this legislation. You may be interested to know that I have co-sponsored similar legisla- tion, H. R. 2525, which I have enclosed for your information. I feel that Indians in general have been reluctant to enter health professions at the same rate as other races. Currently, H. R. 7852 is with the House Interior and Insular Committee's subcommittee on Indian Affairs. I am a member of this subcommittee and we finished hearings on the bill on September 26th. It is now awaiting being reported out of subcommittee back to the full committee for their consideration. You may be assured that I will continue to do all I can to insure that Indians have the best health opportunities available and to encourage them to enter the health-care profession. If I may be of service or assistance to you in the future, please do not hesitate to let me know. Sincerely, Jed Ted Risenhoover, M. C. TR:Cvm Enclosure BOB ECKHARDT COMMITTEE ON 8TH DISTRICT, TEXAS INTERIOR AND INSULAR AFFAIRS COMMITTEE ON SUBCOMMITTEES: INTERSTATE AND FOREIGN NATIONAL PARKS AND RECREATION COMMERCE ENERGY AND THE ENVIRONMENT MINES AND MINING SUBCOMMITTEES: CONSUMER PROTECTION AND FINANCE ENERGY AND POWER CONGRESS OF THE UNITED STATES HOUSE OF REPRESENTATIVES WASHINGTON, D.C. 20515 March 24, 1976 Dr. Emil F. Stratton Memorial Medical Building 443 North 16th Street Muskogee, Oklahoma Dear Dr. Stratton: Thank you for your letter concerning H.R. 2525, the Indian Health Care Improvement Act. This landmark legislation was approved by the House Interior Com- mittee on March 2, 1976. Sincerely, Bob Eckhardt ALAN STEELMAN 5TH DISTRICT, TEXAS WASHINGTON OFFICE: 437 CANNON House OFFICE BUILDING WASHINGTON, D.C. 20515 COMMITTEES: (202) 225-2231 GOVERNMENT OPERATIONS INTERIOR AND INSULAR AFFAIRS Congress of the United States DALLAS OFFICE: 1100 COMMERCE STREET, SUITE 9C60 house of Representatibes DALLAS, TEXAS 75242 (214) 749-7277 Mashington, D.C. 20515 March 30, 1976 Dr. Emil F. Stratton 443 North 16th St. Muskogee, Oklahoma Dear Dr. Stratton: Thank you for your letter regarding HR 2525. I regret that I cannot give you a detailed reply because I have neither the staff nor the facilities to answer mail received from outside of Texas. Please be assured, however, I intend to support on the floor the Indian Health Improvement Act as reported by the full House Interior Committee. Thank you again for writing. Sincerely, The ALAN STEELMAN Member of Congress 5th District, Texas AS:wsc THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS The Speaker's Rooms H. $. House of Representatives Washington, B. C. 20515 July 22, 1975 Emil F. Stratton, M.D. Memorial Medical Building 443 N. 16th Street Muskogee, Oklahoma 74401 Dear Dr. Stratton: Thank you for your recent letter in support of the Indian Health Care Improvement Act, S.522. A similar bill, H.R.2525, is currently being considered by the Subcommittee on Indian Affairs of the House Committee on Interior and Insular Affairs. This Subcommittee has been holding field hearings across the country which will wind up in Washington, D.C., in September. Thank you for having written. I am sure Congressman Risenhoover will want to have your views on this important legislation. Best wishes. Sincerely, Carl albert The Speaker CA/km JOHN JARMAN COMMITTEE: 5TH DISTRICT, OKLAHOMA SCIENCE AND TECHNOLOGY Congress of the United States house of Representatives Hashington, D.C. 20515 October 15, 1975 Emil F. Stratton, M. D. Memorial Medical Building 443 North 16th Street Muskogee, Oklahoma Dear Dr. Stratton: This will acknowledge receipt of your letter of October 10th, which I have read with care. In response, let me report to you that the House Interior and Insular Affairs Committee has completed its hearings on H. R. 7852, the Indian Health Improve- ment bill and will be meeting in mark-up sessions during the week of October 20th. I intend to discuss your letter with Members serving on the Committee urging that every considera- tion be given to your views. Rest assured that I will have your position firmly in mind as and when the matter comes before the House for debate and a vote. With every good wish, I remain, Sincerely, JJ:wg John Aarman JOHN JARYAN, M. C. 6/16/75 SAM STEIGER COMMITTEES: 3RD DISTRICT, ARIZONA INTERIOR AND INSULAR AFFAIRS GOVERNMENT OPERATIONS 2432 RAYBURN BUILDING WASHINGTON, D.C. 20515 202-225-4576 Congress of the United States DISTRICT OFFICE: 5015 FEDERAL BUILDING PHOENIX, ARIZONA 85025 house of Representatives 602-261-4041 Washington, D.C. 20515 June 10, 1975 Dr. Sidney R. Kemberling, M.D. Committee on Indian Health 1601 N. Tucson Blvd., #35 Tucson, AZ 85716 Dear Dr. Kemberling Thank you very much for your recent letter regarding legislation for Indian Health Improvement. You will be pleased to know that I am going to cosponsor the Senate version. Many thanks and best wishes. Sincerely Ean Enger SAM STEIGER, M.C. SS: jm THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS 81/6/74 MORRIS K. UDALL COMMITTEES: 2D DISTRICT OF ARIZONA INTERIOR AND INSULAR AFFAIRS POST OFFICE AND CIVIL SERVICE Congress of the United States Douse of Representatives Washington, D.C. 20515 August 13, 1974 Dr. Sidney R. Kemberling, M. D. Chairman, American Academy of Pediatrics Indian Health Committee 1601 North Tucson Boulevard, #35 Tucson, Arizona 85716 Dear Dr. Kemberling: I greatly appreciated your recent letter regard- ing my Indian Health Bill. I have pressed the Indian Affairs Subcommittee to hold hearings on this bill as soon as possible. However, as of this date, they have not yet been scheduled. Thank you for your continued support. Sincerely, em ORD THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS 11/5/75 JAMES P. JOHNSON 4TH DISTRICT. COLORADO OFFICE ADDRESS: 129 CANNON BUILDING WASHINGTON D.C. 20515 COMMITTEES (202) 225-4676 AGRICULTURE Congress of the United States DISTRICT OFFICES: 203 FEDERAL BUILDING House of Representatives FORT COLLINS. COLORADO 80521 INTERIOR AND INSULAR AFFAIRS (303) 493-9132 FEDERAL BUILDING SELECT COMMITTEE ON INTELLIGENCE Washington, D.C. 20515 GRAND JUNCTION, COLORADO 81501 (303) 243-1736 October 24, 1975 ROOM 9. 230 MAIN STREET FORT MORGAN, COLORADO 80701 (303) 867-8909 719 GRAND AVENUE GLENWOOD SPRINGS. COLORADO 81601 (303) 945-6491 P.O. Box 21203 James E. Strain, M.D., P.C. DENVER, COLORADO 80221 (303) 427-6439 556 South Jersey Street Denver, Colorado 80222 Dear Dr. Strain: Thank you for your recent comments regarding the Indian Health Measure, H.R. 7852. I appreciate your interest and concern. As you may be aware, H.R. 7852 is substantively the same measure as the original Indian Health legislation of this Congress, H.R. 2525, reflect- ing the amendments added in the Senate. The Indians Subcommittee, of which I am a member, is scheduled to "mark-up" the bill next week. Several amendments are expected before the Subcommittee, including an authorization for an American Indian School of Medicine and increased funding for Indian mental health and alcoholism programs. Staff counsel for the Subcommittee expects a bill to be reported to the full House Interior Committee early in November. There is also a good chance that the full committee will draft a "clean bill," or new piece of legislation, encompassing all of the amendments from the House and Senate. It should be ready for reporting to the floor before 1975 adjournment. Given the strong bi-partisan support for this bill, in both chambers of the Congress, and the seventy Members who have already co-sponsored one or another of the versions, prospects for approval are very good. Sincerely yours, Jim James P, Johnson Johnson Member of Congress JPJ/e Sid - This. is Rep Jekusons reply to my Letter 9/15/75 NINETY-FOURTH CONGRESS CHARLES CONKLIN STAFF DIRECTOR JAMES A. HALEY, FLA., CHAIRMAN ROY A. TAYLOR, N.C. JOE SKUBITZ, KANS. LEE MC ELVAIN MADOLD T. JOHNSON, CALIF. SAM STEIGER, ARIZ. GENERAL COUNSEL MORRIS K. UDALL, ARIZ. DON H. CLAUSEN, CALIF. COMMITTEE ON INTERIOR AND INSULAR AFFAIRS PHILLIP BURTON. CALIF. PHILIP E. RUPPE, MICH. MICHAEL C. MARDEN ROBERT W. KASTENMEIER, WIS. MANUEL LUJAN, JR., N. MEX. KEITH G. SEBELIUS, KANS. U.S. HOUSE OF REPRESENTATIVES PATSY T. MINK, HAWAII MINORITY COUNSEL LLOYD MEEDS. WASH. ALAN STEELMAN, TEX. DON YOUNG, ALASKA WASHINGTON, D.C. 20515 ABRAHAM KAZEN, JR., TEX. ROBERT G. STEPHENS, JR., GA. ROBERT E. BAUMAN, MD. JOSEPH P. VIGORITO, PA. STEVEN D. SYMMS, IDAHO JOHN MELCHER, MONT. JAMES P. (JIM) JOHNSON, COLO. TENO RONCALIO, WYO. ROBERT J. LAGOMARSINO, CALIF. JONATHAN B. BINGHAM, N.Y. VIRGINIA SMITH, NEBR. JOHN F. SEIBERLING, OHIO SHIRLEY N. PETTIS, CALIF. HAROLD RUNNELS, N. MEX. ANTONIO BORJA WON PAT, GUAM RON DE LUGO, V.I. BOB ECKHARDT, TEX. GOODLOE E. BYRON, MD. September 8, 1975 JAIME BENITEZ. P.R. JIM SANTINI, NEV. PAUL E. TSONGAS, MASS. ALLAN T. HOWE, UTAH Fill JAMES WEAVER, OREG. BOB CARR, MICH. GEORGE MILLER, CALIF. THEODORE M. (TED) RISENHOOVER, OKLA. WRIGHT PATMAN, TEX. American Academy of Pediatrics Sidney R. Kemberling, M.D. 1601 N. Tucson Blvd. Suite 35 Tucson, Arizona 85716 Dear Dr. Kemberling: Thank you for accepting my invitation to testify on H.R. 2525, and related legislation, the Indian Health Care Improvement Act. I have scheduled your appearance before my Subcommittee on September 25, 1975, Thursday, at 10:45 A.M. in 1324 Longworth HOB (main Interior Committee hearing room). As requested, I am scheduling Dr. Nichols, of the American College of Obstetricians to follow you. I look forward to your testimony, Dr. Kemberling, and I thank you for your interest in this very important piece of legislation. Sincerely yours, Lloyd Meeds, Chairman, Indian Affairs Subcommittee LM/jp CC: AAP-Va. office. 8/12/75 to 8/16/75 File Drgn Tody Talbed ACOG people - Me Cale. + DISTRICT CHAIRMEN PRESIDENT MERRITT'S. LOW, M.D. 86 HIGH STREET GREENFIELD, MASS. 01301 VICE-PRESIDENT AMERICAN ACCORDANCE SPRAGUE W. HAZARD, M.D. WALTHAM, MASSACHUSETTS MILTON GORDON, M.D. HUNTINGTON, NEW YORK DAVID W. VAN GELDER, M.D. WILLIAM A. HOWARD, M.D. 888 TARA BOULEVARD WASHINGTON, D.C. BATON ROUGE, LOUISIANA 70806 PEDIATRIC EDWIN L. KENDIG, JR., M.D. EXECUTIVE DIRECTOR RICHMOND, VIRGINIA ROBERT G. FRAZIER, M.D. BRUCE D. GRAHAM, M.D. American Academy of Pediatrics COLUMBUS, OHIO ASSOCIATE DIRECTOR RICHARD W. OLMSTED, M.D. R. DON BLIM, M.D. KANSAS CITY, MISSOURI SECRETARY GERALD E. HUGHES, M.D. BLAIR E. BATSON, M.D. JACKSON, MISSISSIPPI TREASURER P.O. BOX 1034 EVANSTON, ILLINOIS 60204 JAMES E. STRAIN, M.D. GEORGE A. NAUMAN EVANSTON (312) 869-4255 CHICAGO (312) 273-3646 DENVER, COLORADO SAUL J. ROBINSON, M.D. SAN FRANCISCO, CALIFORNIA GUILLERMO GUILLEN-ALVAREZ, M.D. SAN SALVADOR, EL SALVADOR REPLY TO: HELIO SEBASTIAO DE MARTINO, M.D. R. Don Blim, M.D. RIO DE JANEIRO, BRASIL 4320 Wornall Road JOSE MARIA ALBORES: M.D. BUENOS AIRES, ARGENTINA Kansas City, Missouri 64111 22 March 1976 Willis F. Stanage, M.D. Yankton Clinic 400 Park Avenue Yankton, South Dakota 57078 Dear Bill: Thank you for your letter of 5 March 1976, regarding the Indian Health Bill. I was sorry that I didn't get a chance to talk to you during our district meeting, but your message arrived after the meeting and, when I called, I received a recorded message from your clinic. I tried to get through the answering service but your answering service is almost as effective as is ours in avoiding such attempts. Never- theless, I was unable to get through - thus missing your message. I am aware of the activities regarding the Indian Health Bill - I am aware that it passed committee and is headed for the Ways and Means Committee, subsequently the Rules Committee and ul- timately to the House. It is my understanding that it will be heard on the floor of the House sometime in April. To my know- ledge there are 84 co-sponsors. As you know, the AAP is becoming more involved in legislative affairs, having formed the Legislative Issues Committee. This committee was scheduled to meet in New Orleans a week or two ago and, undoubtedly, this was one of the items on their agenda. We are developing a mechansim whereby we can communicate with key legislative leaders and indeed with all members of the legi- slature when appropriate. The mechanisms are being sophisticated by George Degnon and his office and will be coming increasingly effective as demonstrated in the recent override of the Presidential veto of 8063. (Continued 22 March 1976 -2- We 11 keep on top of it and do what we can to help the Indian Health Committee. Thanks very much for your continued interest. I am sorry you won't be in Nebraska on the 27th, but hopefully will see you in Philadelphia in April. Sincerely, Don R. Don Blim, M.D., F.A.A.P. Chairman, District VI RDB/a March 5, 1976 The Honorable Robert 11. Kastenmeier (D-Wisc) House of Representatives Washington, D.C. 20515 Dear Mr. Kastenmeier: As a concerned private citizen and also as a member of the American Academy of Pediatrics Committee on Indian Health, I am writing to you concerning the Indian Health Improvement Bill. I would solicit your support of this bill. As a personal observation, it would ap- pear that the bill will alleviate problems that have developed over the years. It is disappointing to see a measure so important in the health and welfare of our Indian people becoming entangled in the web of politics. Sincerely yours, W. F. Stanage, M.D. WFS:fn Same letter typed and mailed to the following: Joe Skubitz, (R-Kan) Keith G. Sebelium (R-Kan) Virginia Smith, (R-Nebr) March 5, 1976 R. Don Blim, M.D. 4320 Wornall Road Kansas City, Missouri 64111 Dear Don: I am writing to you concerning the Indian Health Bill that evidently is now meeting some opposition in the House of Representatives. Evidently, earlier, a noncontroversial bill, and has now become a controversial bill. I did talk to you about this last October, at which time you had contact with George Degnon, and he felt it was better to wait until the latter part of the year to do anything about. it. I called you last Friday, in Chicago, hoping that you could bring this to the attention of all members of the district, but evidently my message did not get through to you. I have written letters to Representatives Kasten- meier, Skubitz, Sebelium, and Smith. I am sure if people from the states where these representatives are from would write or contact them, this would be more meaningful than anyone else. I bring this to your attention at the request of Sid Kemberling, and trust you will do what is necessary. I see the Nebraska Pediatric Society is meeting on the 27th of March, and you are going to be there. Unfortunately, I have a conflict at that time so will not be able to attend. Sincerely yours, W. F. Stanage, M.D. WFS:fn November 7, 1975 Jean D. Lockhart, M.D. Director Department of Committees The American Academy of Pediatrics Executive Office 1801 Hinman Avenue Evanston, Illinois 60204 Dear Jean: Toby Zimmer called the other day and requested recommendations from the Rapid City meeting. I have very little comment in addition to what we discussed at our final meeting. It appears that some of the major problems were not exactly health prob- lems, except the general aspect they play in recruiting health people. These problems were mainly related to housing and schools. Certainly, these problems must be alleviated in order to upgrade the health care. I think the Area should be com- mended on using trained midwives and the pediatric nurse prac- titioner. I would also recommend that the position that the CHR plays in the health team should be evaluated. They should have a more vital role than being used as chauffeurs. I think Mr. Hank Bouker should be commended for presenting such a well organized program. My only true disappointment was the pessi- mism in the recruiting approach of the Public Health Nurse, Mrs. McArdle. Sincerely yours, W. F. Stanage, M.D. WFS:fn LARRY PRESSLER WASHINGTON OFFICE: 1ST DISTRICT. SOUTH DAKOTA 1238 LONGWORTH HOUSE OFFICE BUILDING WASHINGTON, D.C. 20515 (202) 225-2801 RESIDENCE: RURAL ROUTE No. 1 HUMBOLDT, SOUTH DAKOTA Congress of the United States DISTRICT OFFICES: 310 FEDERAL BUILDING Douse of Representatives ABEROEEN, SOUTH DAKOTA 57401 COMMITTEES: (605) 225-0250 EXT. 471 EDUCATION AND LABOR SCIENCE AND TECHNOLOGY Washington, D.C. 20515 317 SOUTH PHILLIPS AVENUE Sioux FALLS. SOUTH DAKOTA 57102 (605) 336-2980 EXT. 433 MOBILE VAN-ON THE ROAD October 22, 1975 W. F. Stanage, M.D. Yankton Clinic P.A. 400 Park Avenue Yankton, South Dakota 57078 Dear Dr. Stanage: Thank you for your letter expressing your support of H.R. 7852, the Indian Health Improvement Act. I share your views about the importance of improving health care to Indians, and I was distressed at the statistics presented at the hearings on this legislation showing the inadequacies of Indian health care services. The per capita expenditures for Indian health care are 30 to 40 per cent less than those in an average American community; more than half of the Indian Health Service hospitals do not meet accreditation requirements. These statistics are just some of the glaring examples supporting the need for this legislation. H.R. 7852 is presently pending before the Subcommittee on Indian Af- airs of the House Interior Committee. Hearings were completed on this bill September 26. It is expected that the Subcommittee will begin to mark-up this legislation shortly. I appreciate your taking the time from your busy day to let me hear from you and I look forward to further correspondence on other issues of mutual concern. Sincerely, Larry Lany Pressler Member of Congress LP:jr 11/12/75 INTERNAL MEDICINE GENERAL SURGERY T. H. SATTLER. M.D. YANKTON CLINIC P.A. C. B. MCVAY, M. D. R. F. THOMPSON. M. D. L. E. SAVAGE. M.D. 400 PARK AVENUE R.I. PORTER, M. D. K. HALVERSON. M.D. W.W.QUICK,M.D. YANKTON. SOUTH DAKOTA 57078 OBSTETRICS AND GYNECOLOGY TELEPHONE 605/655-7822 ORTHOPEDIC SURGERY BROOKS RANNEY. M. D. J. K. JACKSON. M. D. R. R. THORNTON. M D. R. c. LESHER, M. D. CLINIC MANAGER D. R. HOLZWARTH. M.D. S. A BRAASTAD LABORATORY J. G. HEEMSTRA. M. S. PEDIATRICS W. F. STANAGE. M.D. C.ISBURG, M. D. November 8, 1975 Sydney Kemberling, M.D. 1601 North Tucson Boulevard Tucson, Arizona 85716 Dear Syd: I am enclosing a copy of a letter that I received from our Representative in Congress, Larry Pressler. I am also enclosing a copy of a letter that I sent to Jean Lockhart concerning recommendations at the Rapid City meeting. If there is anything that we can do out here to facili- tate the work of Dr. Weil, in relating to any of the reservations, I would be glad to help. I am sure this also goes for Tom Aceto, who is Chairman of the Depart- ment of Pediatrics at South Dakota. Sill Sincerely yours, W. F. Stanage, M.D. WFS:fn Enclosures File c glass full HENRY J. NOWAK 37TH DISTRICT, NEW YORK ROOM 1223 LONGWORTH HOUSE OFFICE BUILDING COMMITTEES: TELEPHONE: (202) 225-3306 PUBLIC WORKS AND TRANSPORTATION Congress of the United States HOME OFFICE: U.S. COURTHOUSE DISTRICT OF COLUMBIA BUFFALO, N.Y. 14202 house of Representatives TELEPHONE: (716) 853-4131 Washington, D.C. 20515 October 20, 1975 Dr. Henry P. Staub Associate Professor of Pediatrics SUNY at Buffalo 203 Woodbridge Avenue Buffalo, New York 14214 Dear Dr. Staub: Thank you for your letter calling my attention to H.R. 2525 and H. R. 7852. As you may know, the House Subcommittee on Indian Affairs has completed hearings on these and several other Indian health bills, and markup is scheduled October 28 and 29. Although exact predictions are chancey before a bill is reported out, my under- standing is that the committee is leaning toward the language of H. R. 7852. It is likely that a clean bill, with the broader coverage of H. R. 7852 and some other refinements, will be intro- duced when the legislation is reported to full committee. I do appreciate hearing from you on this matter, and your comments will be most helpful when it reaches the House floor for consideration. With best wishes and kindest regards, Sincerely yours, HENRY NOWAK P.S. I have agreed to co-sponsor the clean bill when it is intro- duced, and will send you a copy when it is printed. H.J.N. 11/3/75 Edward J. Meyer Memorial Hospital Owned and Operated by the County of Erie 462 GRIDER STREET BUFFALO, NEW YORK 14215 AREA CODE 716 894-1212 ADVISORY BOARD EDWARD V. REGAN FREDERIC P. NORTON, Chairman JEAN AUGUST MARTIN, Vice Chairman ERIE COUNTY EXECUTIVE MRS. RICHARD R. ROMANOWSKI, Secretary GUY S. ALFANO, M.D. EDWARD F. MARRA, M.D. MARSHALL G. AUSE BURNICE E. BALLARD HOSPITAL DIRECTOR MRS. FRANK A. SEDITA Henry P. Staub, M.D., Director Department of Pediatrics October 28, 1975 Sidney Kemberling, M.D. Committee on Indian Health American Academy of Pediatrics 1601 N. Tucson Blvd. Suite 35 Tucson, Arizona 85716 Dear Sid: Enclosed is a copy of the letter that I received from Congressman Henry J. Nowak agreeing to sponsor the Indian Health Care Improvement Act H.R. 2525 or H.R. 7852. I wrote to him in response to your telephone call. I will check with Congressman Nowak later regarding follow up. Sincerely, Henry Henry P. Staub, M.D. can FORD Enclosure SEAL 3/5/2016 MANUEL LUJAN, JR. DISTRICT OFFICES: 1ST DISTRICT, NEW MEXICO 3006 FEDERAL BUILDING AND POST OFFICE SANTA FE, NEW MEXICO 87501 COMMITTEE: AREA CODE 505: 988-6521 INTERIOR AND INSULAR AFFAIRS Congress of the United States 10001 FEDERAL BUILDING ALBUQUERQUE, NEW MEXICO 87103 JOINT COMMITTEE ATOMIC ENERGY house of Representatives AREA CODE 503:766-2538 DOUGLAS AND GRAND AVE. WASHINGTON OFFICE: 1323 LONGWORTH HOUSE OFFICE BUILDING Washington, D.C. 20515 P.O. 1123 LAS VEGAS, NEW MEXICO 87701 AREA CODE 202:225-6316 AREA CODE 505: 425-7838 February 25, 1976 Alice H. Cushing, M.D. Associate Professor Department of Pediatrics School of Medicine The University of New Mexico Albuquerque, New Mexico 87131 Dear Alice, Thank you for your letter concerning the Indian Health Improvement legislation. I am not sure where you heard that the Interior Committee is holding this up, but I am sure you will be happy to know that this is not the case. As a matter of fact, it was the subject of hearings yesterday and today by the full Committee, and we will begin work on it again next Tuesday. I appreciate your taking the time to write, and if I can be of assistance in the future, don't hesitate to call on me. Sincerely, Mum Manuel Lujan, Jr. ML/pap File bree diass 3 Health AAP DISTRICT CHAIRMEN PRESIDENT MERRITT B LOW. M.D. 86 HIGH STREET THE AMERICAN SPRAGUE W. HAZARD, M.D. WALTHAM, MASSACHUSETTS GREENFIELD. MASS. 01301 MILTON GORDON, M.D. VICE-PRESIDENT HUNTINGTON, NEW YORK DAVID W. VAN GELDER. M.D. WILLIAM A. HOWARD, M.D. 888 TARA BOULEVARD WASHINGTON, DISTRICT OF COLUMBIA BATON ROUGE, LOUISIANA 70806 OK PEDIATRIC EDWIN L. KENDIG, JR., M.D. EXECUTIVE DIRECTOR RICHMOND, VIRGINIA ROBERT G. FRAZIER, M.D. BRUCE D. GRAHAM, M.D. ASSOCIATE DIRECTOR American Academy of Pediatrics COLUMBUS. OHIO RICHARD W. OLMSTED. M.D. R DON BLIM, MD SECRE TARY KANSAS CITY, MISSOURI GERALD & HUGHES S. MD BI AIR E. BATSON. M.D JACKSON. MISSISSIPPI THE ASURER GEORGE A NAUMAN DEPARTMENT OF GOVERNMENT LIAISON JAMES E. STRAIN, M.D DENVER, COLORADO 1800 N. KENT ST., SUITE 1102 SAUL J. ROBINSON, M.D. ARLINGTON, VIRGINIA 22209 SAN FRANCISCO, CALIFORNIA GUILLERMO GUILLEN-ALVAREZ M.D. PHONE: 703-525-9560 SAN SALVADOR, EL SALVADOR HELIO SEBASTIAO DE MARTINO, M D. RIO DE JANEIRO, BRASIL February 12, 1976 JOSE MARIA ALBORES, M.D. BUENOS AIRES, ARGENTINA Henry P. Staub, M. D. Edward J. Meyer Memorial Hospital 462 Grider Street Buffalo, NY 14215 Dear Dr. Staub: To answer your letter of January 21, I wish I could send you a more optimistic report than I can on the Indian Health Care Improvement Act. The Subcommittee on Indian Affairs presented its report - a version reportedly close to HR 7852 to the full Committee on Interior and Insular Affairs on February 3. The next step is for the full Committee to review it, make whatever changes, and to report to the House of Representatives. Unfortunately, there will be a period of delay with this step, apparently because the Administration has some problems with the amounts of money and the time frame of the bill. The full Committee may not consider the bill until Spring. After the House of Representatives passes a bill, it still must go to House-Senate Conference. Right now, the Indian Affairs staffers are looking toward the summer for some resolution of this. If I get other information to modify this lack-of-progress report, I will certainly let you know. Sincerely, Rebecca Dinkel Research Assistant RD:cb cc: Sidney R. Kemberling, M. D. 3/10/76 State of California Department of Health Memorandum To : Dr. Saul J. Robinson Date : March 2, 1976 Dr. Melvin H. Schwartz Dr. Milton L. Arnold Subject: Information on the Indian Dr. Alan E. Shumacher Health Care Improvement Act Dr. Carl A. Erickson (HR, 2525). Dr. S. Freudenberger N From : Theodore A. Montgomery, M.D. Recently I received a telephone call from Dr. Sid Kemberling, Chairman of the National Committee on Indian Health, AAP, regarding the Indian Health Care Improvement Act (HR 2525). Attached is some further detail about the bill that I just received from the Academy's Washington office. The bill is stuck in the Interior Committee and as much help as can be mustered is needed to get it moving again. There are 5 California congressmen on the committee. Would you write to your representative if he is on the committee. If you know him personally, so much the better. A copy of Sid Kemberling's letter that he plans to send to several congressmen is attached. TAM:gc Attachment cc: Dr. Kemberling Fill 3/20/76 ALAN STEELMAN WASHINGTON OFFICE: 5TH DISTRICT, TEXAS 437 CANNON HOUSE OFFICE BUILDING WASHINGTON, D.C. 20515 COMMITTEES: (202) 225-2231 GOVERNMENT OPERATIONS INTERIOR AND INSULAR AFFAIRS Congress of the United States DALLAS OFFICE: 1100 COMMERCE STREET. SUITE 9C60 house of Representatives DALLAS, TEXAS 75202 (214) 749-7277 Washington, D.C. 20515 March 10, 1976 William B. Brendel, M.D., F.A.A.P. 906 Basse Road San Antonio, Texas 78212 Dear Dr. Brendel: Thank you for your letter regarding HR 2525, the Indian Health Care Improvement Act. You will be glad to know that, even though this bill was placed on the "controversial" calendar, it was approved by the full Interior Committee on March 6. Floor action has not yet been scheduled. I voted in favor of this bill, which passed virtually intact. The committee adopted one of the amendments offered by Mr. Skubitz, which would reduce Title II (health services) authorizations by $5.1 million (to $390 million over 7 fiscal years). I supported Mr. Skubitz' amendment to reduce the program from seven to three years, because I felt that it would be helpful to review the program, and possibly increase funding, sooner than the bill provides for. However, this amendment was defeated. The only other amendments to the legislation were either minor or of a technical nature. You may be interested to know that the committee approved the bill with a two to one majority of Republicans present for the markup. Your views and suggestions are always welcome. Please feel free to let me know if I may be of assistance in the future. Sincerely, t five Bill ALAN STEELMAN Member of Congress 5th District, Texas AS/kb THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS ABRAHAM KAZEN, JR. Fill COMMITTEES: 230 DISTRICT, TEXAS ARMED SERVICES INTERIOR AND INSULAR AFFAIRS 1514 LONGWORTH HOUSE OFFICE BUILDING Congress of the United States house of Representatives Washington, D.C. 20515 March 30, 1976' Dr. William B. Brendel 906 Basse Road San Antonio, Texas 78212 Dear Dr. Brendel: Thank you for your letter expressing interest in H.R. 2525 -- Indian Health Care Improvment Act. This bill has been favorably reported out of the Committee on the Interior, on which I serve. When this measure came before the full Committee, I gave it my full support, and will urge my colleagues in the House to do likewise when it is brought to the House floor. With every good wish, I am Sincerely yours, j ABRAHAM KAZEN, JR. ,M. AK,Jr:pm TED RISENHOOVER COMMITTEE ON 20 DISTRICT, OKLAHOMA EDUCATION AND LADOR SUBCOMMITTEES: JOE CARTER LABOR STANDARDS ADMINISTRATIVE ASSISTANT WASHINGTON OFFICE: Congress of the United States COMPENSATION, MANPOWER, HEALTH AND SAFETY 1407 LONGWORTH BUILDING ELEMENTARY, SECONDARY AND (202) 225-2701 VOCATIONAL EDUCATION house of Representatives BILL WILLIS COMMITTEE ON DISTRICT OFFICE DIRECTOR ROOM 102, FEDERAL BUILDING Washington, D.C. 20515 INTERIOR AND INSULAR AFFAIRS MUSKOGEE, OKLAHOMA 74401 SUBCOMMITTEES: (918) 687-7509 PUBLIC LANDS INDIAN AFFAIRS JOHN TENNISON WATER AND POWER RESOURCES LABOR LIAISON TAHLEQUAH DISTRICT OFFICE: 109 EAST DELAWARE SELECT COMMITTEE ON AGING TAHLEQUAH, OKLAHOMA 74464 SUBCOMMITTEE: (918) 456-0591 March 29, 1976 FEDERAL, STATE AND COMMUNITY SERVICES Dr. Harris D. Riley, Jr., M.D. The University of Oklahoma Health Sciences Center Department of Pediatrics P. 0. Box 26901 Oklahoma City, Oklahoma 73190 Dear Dr. Riley: Thank you for your good letter of 3 March expressing your concern for. H. R. 2525, the Indian Health Improvement Bill. You may rest assured I share your concern in this important matter. As you may know, there are several Indian Health Clinics within my own District, and even more are projected for the future. Providing proper health care to the Indian people of Oklahoma is a matter of great im- portance to me. I am taking the liberty of forwarding to you a copy of H. R. 2525, on which I am proud to say my name appears as a co-sponsor. Please know I will lend my full support to the passage of this all-important legislation. If I may be of any further assistance to you in this or any other matter, please do not hesitate to let me know. You have my kindest regards and my warmest best wishes. Sincerely, Ted Ted Risenhoover, M. C. TR:Vm Enclosure The Speaker's Rooms 11. S. Bonse of Representatives Washington, D.C. 20313 March 26, 1976 Harris D. Riley, Jr. M.D. The University of Oklahoma Health Sciences Center Post Office Box 26901 Oklahoma City, Oklahoma 73190 Dear Dr. Riley: Thank you for your letter urging me to support H. R. 2525, the Indian Health Care Improvement legis- lation. You will be pleased to learn- that the House Interior and Insular Affairs Committee has reported this bill, but the report has not been sent to the printers as yet. Undoubtedly, the bill will be filed in the near future, and there will be a vote in the House. Let me say that I have always been interested in the welfare of our Indians and have helped to advance legislation in their behalf whenever I could. I appre- ciate hearing from you on this important legislation and hope you will continue to make your views known to me. With best wishes, I am Sincerely, Carl albert The Speaker CA/vh 4/16/76 The University of Oklahoma Health Sciences Center Post Office Box 26901 Oklahoma City, Oklahoma 73190 Department of Pediatrics Children's Memorial Hospital April 8, 1976 Sidney R. Kemberling, M.D. Chairman Committee on Indian Health 1601 North Tucson Boulevard Tucson, Arizona 85716 Dear Sid: I am very sorry that last minute developments prevented me from attending the committee meeting in Asheville. I trust that you got my message at the hotel pointing out what had developed and why I could not attend. I hope you had a good meeting. Enclosed is a copy of the letters of March 26, 1976 and March 29, 1976 from Speaker Albert and Congressman Risenhoover, respectively, in response to my letters. I had these in the file to give to you in Asheville. Best regards. Sincerely, Pets Harris D. Riley, Jr., M.D. HDR:lmc Enclosures (2) HENRY J. NOWAK 37TH DISTRICT, NEW YORK ROOM 1223 LONGWORTH HOUSE OFFICE BUILDING TELEPHONE: (202) 225-3306 , COMMITTEES: PUBLIC WORKS AND TRANSPORTATION Congress of the United States HOME OFFICE: U.S. COURTHOUSE DISTRICT OF COLUMBIA BUFFALO, N.Y. 14202 house of Representatives TELEPHONE: (716) 853-4131 Washington, D.C. 20515 October 20, 1975 Dr. Henry P. Staub Associate Professor of Pediatrics SUNY at Buffalo 203 Woodbridge Avenue Buffalo, New York 14214 Dear Dr. Staub: Thank you for your letter calling my attention to H.R. 2525 and H. R. 7852. As you may know, the House Subcommittee on Indian Affairs has completed hearings on these and several other Indian health bills, and markup is scheduled October 28 and 29. Although exact predictions are chancey before a bill is reported out, my under- standing is that the committee is leaning toward the language of H. R. 7852. It is likely that a clean bill, with the broader coverage of H. R. 7852 and some other refinements, will be intro- duced when the legislation is reported to full committee. I do appreciate hearing from you on this matter, and your comments will be most helpful when it reaches the House floor for consideration. With best wishes and kindest regards, Sincerely yours, HENRY NOWAK P.S. I have agreed to co-sponsor the clean bill when it is intro- duced, and will send you a copy when it is printed. H.J.N. 3/22/76 BOB ECKHARDT COMMITTEE ON 8TH DISTRICT, TEXAS INTERIOR AND INSULAR AFFAIRS COMMITTEE ON SUBCOMMITTEES: INTERSTATE AND FOREIGN NATIONAL PARKS AND RECREATION COMMERCE ENERGY AND THE ENVIRONMENT SUBCOMMITTEES: UNITED MINES AND MINING CONSUMER PROTECTION AND FINANCE ENERGY AND POWER CONGRESS OF THE UNITED STATES HOUSE OF REPRESENTATIVES WASHINGTON, D.C. 20515 March 15, 1976 Dr. William B. Brendel 906 Basse Road San Antonio, Texas 78212 Dear Dr. Brendel: Thank you for your letter concerning H.R. 2525, the Indian Health Care Improvement Act. This landmark legislation was approved by the House Interior Com- mittee on March 2, 1976. Sincerely, Bob Eckhardt 3/19/76 WASHINGTON OFFICE: HAROLD RUNNELS 1535 LONGWCH LDING 20 DISTRICT, NEW MEXICO AREA CODE 20. 5-2365 COMMITTEE ON THE BUDGET DISTRICT OFFICES: COMMITTEE ON INTERIOR AND INSULAR AFFAIRS Congress of the United States SUITE A, MCCRORY BUILDING LOVINGTON, NEW MEXICO 88260 SUBCOMMITTER PUBLIC LANDS Douse of Representatives AREA CODE 605: 396-2252 WATER AND POWER RESOURCES FEDERAL BUILDING, ROOM B201 MINES AND MINING Washington, D.C. 20515 LAB CRUCES, NEW MEXICO 88001 AREA CODE non. "11 0022 March 15, 1976 FEDERAL Budding, HooM 100 GALLUP, NEW MEXICO 87301 AREA CODE 505: 063-3400 David B. Post, M.D., F.A.A.P. La Mesa Medical Center 7000 Cutler, N.E., Suite E-3 Fill post Albuquerque, New Mexico 87110 Dear Dr. Post: & Thank you for your letter expressing your views on the Indian Health Care Improvement Act. H. R. 2525 was ordered from the Interior and Insular Affairs Committee on March 2. It is now pending consider- ation on the floor of the House of Representatives. The bill would authorize $1.19 billion over seven fiscal years to bring Indian Health Service to parity with other health services. Programs would include scholarships for health careers, hiring of patient care personnel for IHS facilities, modernization and construction of facilities and construction of a school of medicine for the training of Indian doctors. I have supported this legislation, participated in both field hearings in New Mexico and formal hearings in Washington, and certainly recognize the importance of this legislation to the Indian community. As you know, similar legislation has already passed the Senate. and 1 am confident that the House of Representatives will pass a strong bill. I appreciate your taking the time to make me aware of your thoughts on this legislation. Sincerely, Heard FORD HAROLD RUNNELS, M.C. lma DISTRICT OFFICES: MANUEL LUJAN. JR. 3006 FEDERAL BUILDING AND POST OFFICE 1ST DISTRICT, NEW MEXICO SANTA FE, NEW MEXICO 87501 AREA CODE 505: 988-6521 COMMITTEE INTERIOR AND INSUI AR AFFAIRS Congress of the United States 10001 FEDERAL BUILDING ALBUQUERQUE. New MEXICO 87103 JOINT COMMITTEE AREA CODE 505: 766-2538 ATOMIC ENERGY Douse of Representatives Dougl AS AND GRAND AVE. WASHINGTON world #. Washington, D.C. 20515 PO 11211 1323 LONGWOR HOUSE OFFICE BUILDING LAS VEGAS, NEW MEXICO 07701 AREA Code 202: 225-6316 AREA CODE E05: 425-7838 March 8, 1976 David B. Post, M. D. La Mesa Medical Center 7000 Cutler, NE, Suite E-3 Albuquerque, New Mexico 87110 Dear Doctor Post: Thank you for your letter urging my support for H.R. 7852, the Indian Health Care Improvement bill. I am sure you will be happy to know that I have co-sponsored this bill, and I hope it is enacted. Thanks for taking the time to contact me, and if I can be of assistance in the future, don't hesitate to call on me. Sincerely, Manuel Lujan, Jr. ML/pck 3/26/96 The DEPARTMENT OF PEDIATRICS Universityof Oklahoma Health Sciences Center Children's Memorial Hospital Post Office Box 26901 Oklahoma City, Oklahoma 73190 March 8, 1976 Sidney R. Kemberling, M.D. Chairman, Committee on Indian Health 1601 N. Tucsin Blvd. Tucson, Arizona Dear Sid: Just a note to tell you that I have send ent off a letter to the congressman as well as a letter to Speaker Albert regarding the Indian Health Care Improvement legislation. Best regards. Sincerely, Pete Harris D. Riley, Jr., M.D. HDR:s1c Tale DAVID B. POST, M. D. LA MESA MEDICAL CENTER 7000 CUTLER, N. E., SUITE E.3 ALBUQUERQUE, NEW MEXICO 87110 TELEPHONE 505 208-1928 March 3, 1976 Fonorable Manuel I'. Lujan 1323 Loneworth Building Washington, D.C. 20515 Dear Mr. Lujan, T AM writing to you to urge your complete and immediate support of the Indian Health inprovement MIL Recent information which T. have oh- tained Indicates the this bill has been placed on the list of contro- versial bills, and T am urging tha this bill be brought before the full body of the Interior Committee of the House of Representatives, SO that full consideration can be given to this important legislation as soon as possible. For the unst twelve years I have been A member of the American Academy of Pediatrics Indian Health Committee, and during this time I have been honored and priveleced to support many of the programs that improve the health and welfare conditions of the American Indian and Alaskan Native. Not only our committee, but many other national medical organizations have been supporting and advocating Indian Health And Welfare programs 80 that the Indian citizen standard of living may be brought up to that of our other Americans. Here in New Mexico I have been supporting programs and legislations during this period 80 that our Indians in this State can achieve a high standard of living and realize the complete extstence of a full and productive life. The American Academy of Padiatrics Committee has been priveleged to visit and meet with various Indian Tenders on vartous reservations through out the country, and during this time we have seen many of the grave and profound archlems which affect the overall welfare of the Average Indian. The Indians needs are extremely great, and now for this reason I urge you to support 10 the fullest the passage of this important measure. Our committee is a nolitically bi-partisan group and us feel that support should regin -martisan basis and therefore the bill should receive proport of all members of Congress who are interested in the volfare of Indian people. The Indian Health Improvement bill implements the responsibility of the federal government for the care and the education of the Indian neonle he to improve the services and the facilities of the Indl mchealth brograms and also encouraging the conticipation of the Indians themselves in such programs an 14- ... T "In 0'11 eventually inditive complete control and responsit flit" for bis nun health and velfare. The bill embodies basic considerations such as training education. construction of health facilities, etc., and T am DAVID B. POST, M.D., F.A.A.P. LA MESA MEDICAL CENTER 7000 CUTLER, N. E. - SUITE E-3 ALBUQUERQUE, NEW MEXICO 87110 Telephone 298-1928 sure that you are completely familiar with this bill. SO that T will not go into detail. The only reason for my reiterating these important nyovisions is that T feel these measures are completely basic and responsible things that should be provided to the Indian people. T feel that you. as a representative of the people of the State of New "exteo. should have as one of your foremost responsibilities the mandate to support legislation for this very important seement of our people not only here in New Mexico. but all over the country. The crisis in Indian health care and facilities for this basic right 18 here and now. and T feel that the Congress and the Administration cannot side step this responsibility any longer. May T count on your support for this very important measure. If testimony in support of this legislation is necessar: we have members of our committee who are villing to testify in this behalf as we have in the past. T. would appreciate not only your support but a response to this letter. Until I have the privelege of secing you again, My kindest personal regards, David B. Post, M.D. Member of the Indian Health Committee American Academy of Pediatrics DAVID B. POST, M.D., F.A.A.P. LA MESA MEDICAL CENTER 3/5/76 7000 CUTLER, N. E. SUITE E-3 ALBUQUERQUE, NEW MEXICO 87110 Telephone 298-1928 Frent March 3. 1976 Honorable Harold Bunnels 1535 Lonevorth Building Washingtong. D.C. 20515 Dear Mr. Runnels. T am writing to you to urge your complete and immediate support of the Indian Health improvement bill. Recent information which I have ob- tained indicates that this bill has been placed on the list of contro- versial bills. and i am orgins that this bill be brought before the full body of the Interior Committee of the House of Representatives, 80 that full consideration can be given to this important lesislation as soon as possible. For the past twelve years I have been a member of the American Academy of Pediatrics Indian Health Committee, and during this time I have been honored and priveleged to support many of the programs that improve the health and welfare conditions of the American Indian and Alaskan Native. Not only our committee. but many other national medical organizations have been supporting and advocating Indian Health and Welfare programs so that the Indian citizen standard of living may be brought up to that of our other Americans. Here in New Mexico T have been supporting programs and legislations during this period so that our Indians State can achieve a high standard of living and realize the complete. existence of a full and productive life. The American Academy of Pediatrics Committee has been priveleged to visit and meet with various Indian leaders on various reservations through out the country, and during this time we have seen many of the grave and profound problems which affect the overall welfare of the average Indian. The Indians needs are extremely great, and now for this reason I urge you to support to the fullent the passage of this important measure. Our committee 18 a politically bi-nartisan group and we feel that support should remain on a h1 partisan basis and therefore, the bill should receive complete support of all members of Congress who are interested in the welfare of Indian people. The Indian Health Improvement bill implements the responsibility of the federal covernment for the care and the education of the Indian people by quaranteeing to improve the services and the facilities of the Indian health programs and also encouraging the maximum participation of the Indians themselves in such programs 80 that the Indian will eventually achieve complete control and responsibility for his own health and welfare. The bill embodies basic considerations such ns training. education, construction of health facilities. etc,, and T am FORD DAVID B. POST, M.D., F.A.A.P. LA MESA MEDICAL CENTER 7000 CUTLER, N.E. - SUITE E-3 ALBUQUERQUE, NEW MEXICO 87110 Telephone 298-1928 sure that you are completely familiar with this bill, 80 that T will not go into detail. The only reason for my reiterating these important provisions 1A that I feel these measures are completely basic and responsible things that should be provided to the Indian people. I feel that you. as a representative of the people of the State of New Mexico. should have AR one of your foremost responsibilities the mandate to support legislation for this very important segment of our people not only here in New Mexico, but all over the country. The crisis in Indian health care and facilities for this basic right is here and now. and I feel that the Congress and the Administration cannot side sten this responsibility any longer. May T count on your support for this very important measure. If testimony in support of this legislation is necessary we have members of our committee who are villing to testify in this behalf as we have in the nast. I would appreciate not only your support but a response to this letter. Until T have the privelege of seeing you again, Mv kindest personal regards. David B. Post. M.D. Member of the Indian Health Committee American Academy of Pediatrics S.R. KEMBERLING, M.D. 1601 N. TUCSON BLVD., #35 P GATE 10 0 TUCSON, AZ. 85716 111 90 : 401% 28 DR. THEODORE MARRS WHITE HOUSE MAIL SPECIAL ASSISTANT TO THE PRESIDENT RECEPTION & SECURITY THE WHITE HOUSE MAY 14 1976 Processed by: 5 WASHINGTON, D.C. STATE OF United States Department of the Interior BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C. 20245 March 1849 IN REPLY REFER TO: APR 21 1975 Dear Dr. Marrs: This is in response to your request for the views of this Department on S. 522, a bill "To implement the Federal responsibility for the care and education of the Indian people by improving the services and facilities of Federal Indian health programs and encouraging maximum participation of Indians in such programs, and for other purposes. " While the administration of the Indian health care program is not under the jurisdiction of the Bureau of Indian Affairs, we recognize the urgent need to upgrade the quantity and quality of health services sufficiently to insure adequate health care for Indians and Alaska Natives. While we would support enactment of S. 522, we realize that the President's announced moratorium on new Federal spending initiatives in non-energy areas must be taken into consideration / in the formulation of an Administration position. The unmet health needs of the American Indian and Alaska Native people are severe and their health status is far below that of the general population of the United States. In many cases, the poor health status of these people affects their ability to fully partici- pate in and derive the benefits that accrue to them from programs administered by the Federal Government. Because the low health status of the American Indian and Alaska Native people is one of the most critical problems they confront, efforts to ameliorate this condition are vitally necessary. It is our understanding that the purpose of S. 522 is to insure a significant improvement in the health status of the American Indian and Alaska Native people. The bill would provide the direction and financial resources needed to overcome the inadequacies in the existing Indian health care program. Further, S. 522 would invite the greatest possible participation of Indians and Alaska Natives in the direction and management of that program. In view of the legislative authorities handed down by the 93rd Congress in the Act of January 4, 1975 (P.L. 93-638; 88 Stat. 2203), the "Indian Self- Determination and Education Assistance Act", programs and authorities CONSERVE AMERICA'S FORD ENERGY & Save Energy and You Serve America! such as those contained in S. 522 could not be more timely. We see potential in Titles II and III of the bill whereby some of the health services and health facility improvements proposed might be performed under grant or contract with tribal governments instead of directly by the Indian Health Service. With regard to the specific provisions of the bill, we defer to the Indian Health Service for their recommendations. However, we note that sections 201(c)(4)(c); 201(c)(6) and 301(a)(4) include provisions that involve the Bureau of Indian Affairs. We do have comments regarding these three sections. Section 201(c)(4)(c) provides for model dormitory mental health services and authorizes $625,000 and 50 positions for the IHS for each of the next five fiscal years following enactment of the Act for this activity. Section 201 (c) (6) provides for IHS health care personnel in primary and secondary Bureau of Indian Affairs schools, and authorizes funds in the amount of $1,000,000 for the first fiscal year after enactment of the Act, and $1,200,000 for each of the four succeeding fiscal years thereafter. Section 301 (a) (4) of Title III authorizes the expenditure by the IHS of $1,500,000 for each of the five fiscal years after enactment of the Act for the construction and renovation of health facilities for primary and secondary Bureau of Indian Affairs schools. The Department supports all of the above provisions and the activities they would provide. We look forward to working with IHS personnel and tribes in implementation of the legislation should it be enacted. In addition, section 302 (a) authorizes the Secretary of Health, Education and Welfare to expend, within a five-fiscal year period following enactment of the Act, $378,000,000 to supply unmet needs for safe water and sanitary waste disposal facilities in existing and new Indian homes and communities. Subsection (c) of that section directs the Secretary of Health, Education and Welfare, in cooperation with the Secretaries of the Interior and of Housing & Urban Development, and after consultation with Indian tribes, to develop a plan to meet the schedule provided for in the bill for the construction of safe 2 FORD & LIBRARY GERALD water and sanitary waste disposal facilities. The coordination described has been, and will continue to be, necessary for the develop- ment of adequate health standards in Indian housing. We are ready to cooperate in any way possible to assist in making quality health care for Indian and Alaska Native people a reality. It is our understanding that S. 522 has received the overwhelming support of the Indian people for whose benefit it is intended. Sincerely yours, Morris Chompson Commissioner of Indian Affairs Dr. Theodore C. Marrs Special Assistant to the President The White House Washington, D. C. 20500 THE INTERIOR THE United States Department of the Interior BUREAU OF INDIAN AFFAIRS March 3, 1849 WASHINGTON, D.C. 20242 IN REPLY REFER TO: APR 2 1 1975 Dear Dr. Marrs: This is in response to your request for the views of this Department on S. 522, a bill "To implement the Federal responsibility for the care and education of the Indian people by improving the services and facilities of Federal Indian health programs and encouraging maximum participation of Indians in such programs, and for other purposes." While the administration of the Indian health care program is not under the jurisdiction of the Bureau of Indian Affairs, we recognize the urgent need to upgrade the quantity and quality of health services sufficiently to insure adequate health care for Indians and Alaska Natives. While we would support enactment of S. 522, we realize that the President's announced moratorium on new Federal spending initiatives in non-energy areas must be taken into consideration in the formulation of an Administration position. The unmet health needs of the American Indian and Alaska Native people are severe and their health status is far below that of the general population of the United States. In many cases, the poor health status of these people affects their ability to fully partici- pate in and derive the benefits that accrue to them from programs administered by the Federal Government. Because the low health status of the American Indian and Alaska Native people is one of the most critical problems they confront, efforts to ameliorate this condition are vitally necessary. It is our understanding that the purpose of S. 522 is to insure a significant improvement in the health status of the American Indian and Alaska Native people. The bill would provide the direction and financial resources needed to overcome the inadequacies in the existing Indian health care program. Further, S. 522 would invite the greatest possible participation of Indians and Alaska Natives in the direction and management of that program. In view of the legislative authorities handed down by the 93rd Congress in the Act of January 4, 1975 (P.L. 93-638; 88 Stat. 2203), the "Indian Self- Determination and Education Assistance Act", programs and authorities such as those contained in S. 522 could not be more timely. We see potential in Titles II and III of the bill whereby some of the health services and health facility improvements proposed might be performed under grant or contract with tribal governments instead of directly by the Indian Health Service. With regard to the specific provisions of the bill, we defer to the Indian Health Service for their recommendations. However, we note that sections 201(c)(4)(c); 201(c)(6) and 301(a)(4) include provisions that involve the Bureau of Indian Affairs. We do have comments regarding these three sections. Section 201(e)(4)(c) provides for model dormitory mental health services and authorizes $625,000 and 50 positions for the IHS for each of the next five fiscal years following enactment of the Act for this activity. Section 201(c)(6) provides for IHS health care personnel in primary and secondary Bureau of Indian Affairs schools, and authorizes funds in the amount of $1,000,000 for the first fiscal year after enactment of the Act, and $1,200,000 for each of the four succeeding fiscal years thereafter. Section 301(a)(4) of Title III authorizes the expenditure by the IHS of $1,500,000 for each of the five fiscal years after enactment of the Act for the construction and renovation of health facilities for primary and secondary Bureau of Indian Affairs schools. The Department supports all of the above provisions and the activities they would provide. We look forward to working with IHS personnel and tribes in implementation of the legislation should it be enacted. In addition, section 302(a) authorises the Secretary of Health, Education and Welfare to expend, within a five-fiscal year period following enactment of the Act, $378,000,000 to supply unmet needs for safe water and sanitary waste disposal facilities in existing and new Indian homes and communities. Subsection (c) of that section directs the Secretary of Health, Education and Welfare, in cooperation with the Secretaries of the Interior and of Housing & Urban Development, and after consultation with Indian tribes, to develop a plan to meet the schedule provided for in the bill for the construction of safe 2 water and sanitary waste disposal facilities. The coordination described has been, and will continue to be, necessary for the develop- ment of adequate health standards in Indian housing. We are ready to cooperate in any way possible to assist in making quality health care for Indian and Alaska Native people a reality. It is our understanding that S. 522 has received the overwhelming support of the Indian people for whose benefit it is intended. Sincerely yours, /s/ Morris Thompson Commissioner of Indian Affairs Dr. Theodore C. Marrs Special Assistant to the President The White House Washington, D. C. 20500 $ 1.10 FORD THE WHITE HOUSE WASHINGTON March 12, 1975 634 MEMORANDUM FOR THE SECRETARY OF THE INTERIOR I would appreciate the views of Interior in regard to S-522 - the Indian Health Care Improvement Act. This is currently being reviewed in OMB and other offices and is needed as soon as reasonably possible. Thanks. Jed Mann Theodore C. Marrs Special Assistant to the President 634 FORD MOTOR LIBRARY INTERIOR DEPT. MAR 1 3 1975,237 LEGISLATIVE COUNSEL 13701 SUBJECT: INDIAN HEALTH LEGISLATION As a precis, the following points need to be considered: o Life is one of the guarantees provided by the Declaration of Independence which can, in this instance, be measured. 0 In 1974 the average age at death of Indians and Alaskan natives was 48.3. For white US citizens the average age at death was 72.3. For others, the average age WES 62.7. O In addition to the Declaration of Independence the IS is committed by treaty, trust responsi- bility, stated policy, custom and expectation to provide adequacy and equity in health care for the Indian people. FORD D The quality of care in Indian Health Service hospitals will be reduced in 1977 by other factors. Two recent failures by IHS Hospitals to meet accreditation standards have reduced to 23 out of 51 the number of such hospitals ap- proved by the Joint Commission on Accreditation of Hospitals. To a physician this is shocking. 2 O Predicted IHS hospital admissions (by HEW figures) will be increased by 1000 in 1977. Based on austere standards (i.e. the structure determined by appropriation levels) 8500 employee positions were funded for FY '76 in IHS. Recission is reducing this level by 639 and the resultant level of 7861 positions will be further stretched to man three new hospitals in FY '77. D Meanwhile, for contract medical care, a 14% increase was allowed for hospital cost versus an actual 18.6% increase in those areas. For physician fees, a 9% increase has been allowed in the face of an actual 19% increase. The preceeding three factors mean lowered workload and increased backlog or increased workload with decreased quality of Indian health service in 1977. In either case higher morbidity and mortality rates will result. 0 Outpatient care limits imposed for FY '77 by budget restriction is about 35,000 less visits than the actual number in FY '75. (The National 3 Tribal Chairmen's Association and the National Indian Health Board place such ambulatory case as their top priority.) This too contributes to increased morbidity and mortality rates. D While there has been improvement in health status of Indians during the past fifteen years, a loss of momentum can further slow the already sluggish rate of approach to parity. Increased momentum in health delivery and sani- tation as insured by this bill speed the rate of closing the existing gap in age at death. O Our stated policy allows budgeting for expan- sion of existing humane programs. Further, existing humane programs over a seven year period will decrease outyear costs of continuing payments for care of: Neglected tuberculosis with catastrophic dependency; neglected alcoholism with resultant accidents and chronic illnesses; neglected ear infections with re- sultant deafness, school failure and limited economic attainment, etc. These savings factors have been variously estimated by some analysts and ignored by others. 4 0 The "bottom Line" is that there are unavoidable aspects of equity and morality when there is a more than twenty year differential in age at death between Indians and non-Indians. April 26, 1976 MEMORANDUM FOR: JIM LYNN FROM: TED MARRS SUBJECT: MANAGEMENT - INDIAN AFFAIRS Thank you for maintaining our shared interest in im- proved management of Indian matters with Jim Mitchell. He and I have discussed the uniqueness of the treaty and trust responsibilities of the United States gov- ernment for Indian matters. Related to this, we share recognition of the need to have a better overview and coordination of the widely dispersed Indian activities of the federal government. As a first step I will appreciate your giving as much priority as possible to an option paper on in-nouse aspects of management of Indian matters. The options touched on in meeting with Jim were the following: 1. The Zarb proposal of a Domestic Council Cabinet Committee. 2. Assigning a federal overview responsibility to Interior. 3. The Senate Policy Review Committee approach (a full time White House management operation with about 40 people.) 4. A small (3 to 5 person) White House Office: BIA and "Indian Desk" people as resource; the tribal chairmen and Governors as tribal oriented advisors; representatives of various Indian or- ganizations as consultants where relevant (in- cluding non-reservation matters as appropriate.) - 2 - It would be appreciated if you will ask your staff to shake these down and come up with any other ap- propriate alternatives in the form of a draft option paper or a staff decision paper by the tenth of May. Janet Brown, Bobbie Kilberg and Brad Patterson and I shall be glad to be available for discussion and as- sistance during development. Jack Marsh, Phil Buchen and Public Liaison would like to coordinate on a final draft. CC: J. Marsh J. Mitchell J. Brown B. Kilberg B. Patterson TCM:mcp FORD is LIBRAR April 26, 1976 MEMORANDUM FOR: THE SECRETARY OF THE INTERIOR FROM: TED MARRS SUBJECT: TRIBAL JURISDICTION WITHIN RESERVATION BOUNDARIES I am aware that Indian Tribes across the nation are increasingly asserting their tribal governmental au- thority within their external reservation boundaries to all persons regardless of their membership in the tribe which asserts the authority. I am also aware that such assertion of governmental authority has not included the extension of political rights to resident non-members who live within those external boundaries. The result of such extensions of tribal authority with- out concurrently extending political rights to resident non-members appears to deny resident non-members of the equal protections and due process rights of the United States Constitution and the Indian Bill of Rights. Can you tell me what consideration we are giving to as- sure that all persona who reside within the external confines of an Indian reservation are accorded the political rights preserved to them by law? In view of the frequency with which this has recently been called to my attention, I would appreciate your coordinating the relevant Departments and services in an effort to resolve this dilemma at an early date. It will be appropriate if a proposed Administration posi- tion be formulated within six weeks if that is practicable. CC: The Attorney General BCC: J. Mitchell B. Kilberg B. Patterson J. Brown TCM:mcp THE WHITE HOUSE WASHINGTON April 26, 1976 MEMORANDUM FOR: PAUL O'NEILL FROM: TED MARRS SUBJECT: INDIAN HEALTH LEGISLATION The attached summary warrants your attention before Ted Cooper's testimony on Wednesday. Based on these facts I have to strongly non-concur in the OMB posi- tion which has been imposed on HEW. After discussion with Marge Lynch and Ted Cooper, it is my impression that they would also like to see this changed. How to change it? Let Ted Cooper testify on Wednesday at the close of his testimony that we are (or will) consider adjusting our "adamant" position if there are certain changes: the stretch to a seven year per- iod; limitation of first year expenditures to 50.0M; elimination of the Indian Medical School. I am confident that the involved committees would ac- cept these adjustments while the House looks at the Bill and that the Senate would "reluctantly" agree. FORD LIBRARY & Pragmatically, there will be a veto override. Polit- ically, we can be made to look bad by not applying the President's humane option in expanding funding for what is basically an "existing program" -- i.e. Indian Health Service. Politically too, we should not cver- look John Rhodes' support (Colleague letters, etc.) and the efforts of Fannin and others. - 2 - Admittedly, I am biased as a physician in favor of equity in length of life so you will have to excuse my considering the humanitarian aspect along with the budgetary, pragmatic and political. Failure to adjust the present course is in my opinion a flagrant depriva- tion of human rights in a measurable as well as dramat- ic way. Thanks for agreeing to take another look after our talk on Friday. Enclosure CC: J. Marsh B. Barrody BCC: J. Brown J. Mitchell B. Kilberg FORD LIBRAR & SUBJECT: INDIAN HEALTH LEGISLATION As a precis, the following points need to be considered: O Life is one of the guarantees provided by the Declaration of Independence which can, in this instance, be measured. O In 1974 the average age at death of Indians and Alaskan natives was 48.3. For white US citizens the average age at death was 72.3. For others, the average age was 62.7. I- addition to the Declaration of Independence the IS is committed by treaty, trust responsi- bility, stated policy, custom and expectation to provide adequacy and equity in health care for the Indian people. The quality of care in Indian Health Service hospitals will be reduced in 1977 by other factors. Two recent. failures by IHS Hospitals to meet accreditation standards have reduced to 23 out of 51 the number of such hospitals ap- proved by the Joint Commission on Accreditation of Hospitals. To a physician this is shocking. 2 O Predicted IHS hospital admissions (by HEW figures) will be increased by 1000 in 1977. Based on austere standards (i.e. the structure determined by appropriation levels) 8500 employee positions were funded for FY '76 in IHS. Recission is reducing this level by 639 and the resultant level of 7861 positions will be further stretched to man three new hospitals in FY '77. O Meanwhile, for contract medical care, a 14% increase was allowed for hospital cost versus an actual 18.6% increase in those areas. For physician fees, a 9% increase has been allowed in the face of an actual 19% increase. The preceeding three factors mean lowered workload and increased backlog or increased workload with decreased quality of Indian health service in FORD 1977. In either case higher morbidity and & JULY ALD mortality rates will result. O Outpatient care limits imposed for FY '77 by budget restriction is about 35,000 less visits than the actual number in FY '75. (The National 3 Tribal Chairmen's Association and the National Indian Health Board place such ambulatory case as their top priority.) This too contributes to increased morbidity and mortality rates. O While there has been improvement in health status of Indians during the past fifteen years, a loss of momentum can further slow the already sluggish rate of approach to parity. Increased momentum in health delivery and sani- tation as insured by this bill speed the rate of closing the existing gap in age at death. o Our stated policy allows budgeting for expan- sion of existing humane programs. Further, existing humane programs over a seven year period will decrease outyear costs of continuing payments for care of: Neglected tuberculosis with catastrophic dependency; neglected alcoholism with resultant accidents and chronic illnesses; neglected ear infections with re- sultant deafness, school failure and limited economic attainment, etc. These savings factors have been variously estimated by some analysts and ignored by others. 4 O The "bottom Line" is that there are unavoidable aspects of equity and morality when there is a more than twenty year differential in age at death between Indians and non-Indians. FORD LIBRARY & 028470 4/27/76 H.R. 2525, the "Indian Health Care Improvement Act" Even after limiting first year expenditures to $50 million and eliminating the Indian Medical School, H.R. 2525 is still objectionable because: / -- it is unnecessary. HEW already has the authority to accomplish the objectives of this bill through the "Snyder Act" and other authorities; 1 -- it would add over 20 narrow categorical programs for one population group at a time when the Admin- istration is attempting to consolidate health services programs. These categories and the assignment of Federal positions to certain program areas is undesirably restrictive; 3 -- the manpower and scholarship programs in Title I can be accomplished through existing Federal programs, e.g., the National Health Service Corps and BIA scholarship programs for which $35 million and $26 million, respectively, has been requested in 1977; 4 -- the mental health and alcoholism programs authorized in Title II duplicate existing HEW authorities which provide services to Indians and Alaska Natives; -- it would expand Federal programs for categorical outreach and health services to urban Indians who are already entitled to Medicaid and other programs on the same basis as any other citizen; 6 -- it would require the submission of unnecessary reports by the Secretary of HEW; and 7 --- the authorizations--over $1 billion in 7 years-- are excessive as add-ons to the budget request of $355 million in 1977. FORD :- LIBEAR 4/27/76 H.R. 2525, the "Indian Health Care Improvement Act" 1977 1978 1979 1980 1981 1982 1983 I. Health Manpower 8 10 12 15 22 26 32 II. Health Services 5 24 41 55 73 88 105 (515) (593) (560) (560) (535) (615) III. Health Facilities 175 113 63 110 78 38 43 IV. Access to Health Services -- -- -- -- -- -- -- V. Urban Indians 5 10 15 -- -- -- -- VI. Indian School of Medicine -- 1 2 3 3 3 3 VII. Reports -- -- -- -- -- -- -- Total 193 158 133 183 176 155 183 New Positions (515) (593) (560) (560) (535) (615) 8436 CONGRESSIONAL RECORD-SENATE May 16, 1975 NOMINATIONS PLACED ON THE TITLE IV-ACCESS TO HEALTH (4) related support factors. For example, SECRETARY'S DESK-AIR FORCE, SERVICES over seven hundred housing units are needed NAVY, AND MARINE CORPS Sec. 401. Services provided to medicare for staff at remote Service facilities; eligible Indians. (5) lack of access of Indians to health The second assistant legislative clerk Sec. 402. Services provided. to medicaid services due to remote residences, undevel- proceeded to read sundry nominations in eligible Indians. oped or underdeveloped communication and the Air Force, Navy, and Marine Corps Sec. 403. Report. transportation systems, and difficult, some- which had been placed on the Secretary's TITLE V-HEALTH SERVICES FOR times severe, climatic conditions; and desk. URBAN INDIANS (6) lack of safe water and sanitary waste The ACTING PRESIDENT pro tem- Sec. 501. Purpose. disposal services. For example, over thirty- pore. Without objection, the nominations Sec. 502. Contracts with urban Indian or- seven thousand four hundred existing and are considered and confirmed. ganizations. forty-eight thousand nine hundred and sixty planned replacement and renovated Indian Mr. MANSFIELD. Mr. President, I ask Sec. 503. Contract eligibility. unanimous consent that the President Sec. 504. Other contract requirements. housing units need new or upgraded water and sanitation facilities. be notified. Sec. 505. Reports and records. Sec. 506. Authorizations. (g) The Indian people's growth of confi- The ACTING PRESIDENT pro tem- dence in Federal Indian health services is re- Sec. 507. Review of program. pore. Without objection, it is so ordered. vealed by their increasingly heavy use of TITLE VI-MISCELLANEOUS such services. Progress toward the goal of Sec. 601. Reports: better Indian health is dependent on this LEGISLATIVE SESSION Sec. 602. Regulations. continued growth of confidence. Both such Sec. 603. Leases with Indian tribes. progress and such confidence are dependent Mr. MANSFIELD. Mr. President, I Sec. 604. Availability of funds. on improved Federal Indian health services. move that the Senate resume the con- FINDINGS DECLARATION OF POLICY sideration of legislative business. SEC. 2. The Congress finds that- SEC. 3. The Congress hereby declares that The motion was agreed to, and the (a) Federal health services to maintain it is the policy of this Nation, in fulfillment Senate resumed the consideration of leg- and improve the health of the Indians are of its special responsibilities and legal obli- islative business. consonant with and required by the Fed- gation to the American Indian people, to eral Government's historical and unique meet the national goal of providing the high- legal relationship with, and resulting re- est possible health status to Indians and to CONSIDERATION OF CERTAIN sponsibility to, the American Indian people. provide existing Indian health services with MEASURES ON THE CALENDAR (b) A major national goal of the United all resources necessary to effect that policy. States is to provide the quantity and qual- DEFINITIONS Mr. MANSFIELD. Mr. President, I ask Ity of health services which will permit the SEC. 4. For purposes of this Act- unanimous consent that the Senate turn health status of Indians to be raised to (a) "Secretary", unless otherwise desig- to the consideration of Calendar Nos. the highest possible level and to encourage 128, 130, and 131. the maximum participation of Indians in nated. means the Secretary of Health, Edu- cation, and Welfare. the planning and management of those The ACTING PRESIDENT pro tem- services. (b) "Service" means the Indian Health Service. pore. Without objection, it is so ordered. (c) Federal health services to Indians have resulted in a reduction in the prev- (c) "Indians" or "Indian", unless other- alence and incidence of preventable ill- wise designated, means any person who is a INDIAN HEALTH CARE IM- nesses among, and unnecessary and prema- member of an Indian tribe, as defined in PROVEMENT ACT ture deaths of, Indians. subsection (d) hereof, except that, for the (d) Despite such services, the unmet purpose of sections 102, 103, 104(b) (1) (1), The Senate proceeded to consider the health needs of the American Indian peo- and 201 (c) (5), such terms shall mean any bill (S. 522) to implement the Federal ple are severe and the health status of the individual who (1), irrespecitve of wheher responsibility for the care and educa- Indians is far below that of the general he or she lives on or near a reservation, is a tion of the Indian people by improving population of the United States. For ex- member of a tribe, band, or other organized ample, for Indians compared to all Ameri- group of Indians, including those tribes, the services and facilities of Federal In- cans in 1971, the tuberculosis death rate bands, or groups terminated since 1940 and dian health programs and encouraging was over four and one-half times greater, those recognized now or in the future by the maximum participation of Indians in the influenza and pneumonia death rate State in which they reside, or who is & de- such programs, and for other purposes, over one and one-half times greater, and scendant, in the first or second degree, of which had been reported from the Com- the infant death rate approximately 20 per any such member, or (2) is an Eskimo or mittee on Interior and Insular Affairs centum greater. Aleut or other Alaska Native, or (3) is con- (e) All other Federal services and pro- sidered by the Secretary of the Interior to be with an amendment to strike all after grams in fulfillment of the Federal respon- an Indian for any purpose, or (4) is deter- the enacting clause and insert: That this Act may be cited as the "Indian sibility to Indians are jeopardized by the mined to be an Indian under regulations low health status of the American Indian promulgated by the Secretary. Health Care Improvement Act" people. (d) "Indian tribe" means any Indian tribe, TABLE OF CONTENTS (f) Further improvement in Indian health band, nation, or other organized group or Sec. 1. Short title. is imperiled by- community, including any Alaska Native Sec. 2. Findings. (1) inadequate, outdated, inefficient, and village or group as defined in the Alaska Sec. 3. Declaration of policy. under-manned facilities. For example, only Native Claims Settlement Act (85 Stat. 688), Sec. 4. Definitions. twenty-four of fifty-one Indian Health Serv- which is recognized as eligible for the special TITLE I-INDIAN HEALTH MANPOWER ice hospitals are accredited by the Joint programs and services provided by the Commission on Accreditation of Hospitals: United States to Indians because of their Sec. 101. Purpose. only thirty-one meet national fire and safety status as Indians. Sec. 102. Health professions recruitment codes; and fifty-two locations with Indian (e) "Tribal organization" means the program for Indians. populations have been identified as requiring elected governing body of any Indian tribe Sec. 103. Health professions preparatory either new or replacement health centers or any legally established organization of scholarship program for Indians. and stations, or clinics remodeled for im- Indians which is controlled by one or more Sec. 104. Health professions scholarship proved or additional service; such bodies or by a board of directors elected program. (2) shortage of personnel. For example, or selected by one or more such bodies (or Sec. 105. Indian Health Service extern pro- about one-half of the Service hospitals, four- elected by the Indian population to be served grams. fifths of the Service hospital outpatient by such organization) and which includes Sec. 106. Educational and training programs clinics, and one-half of the Service health the maximum participation of Indians in all in environmental health, health clinics meet only 80 per centum of staffing phases of its activities. education, and nutrition. standards for their respective services; (f) "Urban Indian" means any individual Sec. 107. Continuing education allowances. (3) insufficient services in such areas as who resides in an urban center, as defined TITLE II-HEALTH SERVICES laboratory, hospital inpatient and outpa- in subsection (g) hereof, and who meets one Sec. 201. Health services. tient, eye care and mental health services, or more of the four criteria in subsection and services available through contracts with (c) (1) through (4) of this section. TITLE III-HEALTH FACILITIES private physicians, clinics, and agencies. For (g) "Urban center" means any community Sec. 301. Construction and renovation of example, about 90 per centum of the surgical which has a sufficient urban Indian popula- Service facilities. operations needed for otitis media have not tion with unmet health needs to warrant Sec. 302. Construction of safe water and been performed, over 57 per centum of re- assistance under title V, as determined by sanitary waste disposal facilities. quired dental services remain to be provided, the Secretary. Sec. 303. Preference to Indians and Indian and about 98 per centum of hearing aid (h) "Urban Indian organization" means a firms. requirements are unmet; nonprofit corporate body situated in an May 16, 1975 CONGRESSIONAL RECORD-SENATE S 8437 urban center, composed of urban Indians, transportation, board, and other necessary 1978, $9,000,000 for fiscal year 1979, $12,500,- and providing for the maximum participa- related expenses. 000 for fiscal year 1980, $19,000,000 for fiscal tion of all interested Indian groups and (d) There are authorized to be appro- year 1981, $26,000,000 for fiscal year 1982, individuals, which body is capable of legally priated for the purpose of this section: $2,- $30,000,000 for fiscal year 1983, and, for each cooperating with other public and private 000,000 for fiscal year 1977, $2,500,000 for succeeding fiscal year, such sums as may be entities for the purpose of performing the fiscal year 1978, $3,000,000 for fiscal year necessary to continue to make scholarship activities described in section 503 (a). 1979, $3,500,000 for fiscal year 1980, $4,000,000 grants under this section to individuals who TITLE I-INDIAN HEALTH MANPOWER for fiscal year 1981, $4,500,000 for fiscal year have received such grants prior to the end 1982, and $4,500,000 for fiscal year 1983. PURPOSE of fiscal year 1983 and who are eligible for HEALTH PROFESSIONS SCHOLARSHIP PROGRAM such grants during each such succeeding SEC. 101. The purpose of this title is to fiscal year. augment the inadequate number of health SEC. 104. (a) The Secretary, acting through professionals serving Indians and remove the the Sedvice, shall make scholarship grants INDIAN HEALTH SERVICE EXTERN PROGRAMS multiple barriers to the entrance of health to individuals (1) who are enrolled in schools SEC. 195. (a) Any individual who receives professionals into the Service and private of medicine, osteopathy, dentistry, veterinary a scholarship grant pursuant to section 104 practice among Indians. medicine, optometry, podiatry, pharmacy, shall be entitled to employment in the Serv- public health, nursing, or allied health pro- HEALTH PROFESSIONS RECRUITMENT PROGRAM ice during any nonacademic period of the fessions (including schools certified by the FOR INDIANS year. Periods of employment pursuant to Secretary as capable of training individuals this subsection shall not be counted in de- SEC. 102. (a) The Secretary, acting through. in Indian traditional medicine), and (ii) termining the fulfillment of the service ob- the Service, shall make grants to public or who agree to provide their professional serv- ligation incurred as-a condition of the schor- nonprofit private health or educational en- ices to Indians after the completion of their tities or Indian tribes or tribal organizations arship grant. professional training. to assist such entities in meeting the costs (b) Any individual enrolled In a school of (b) (1) The Secretary, acting through the of- medicine, osteopathy, dentistry, veterinary Service, (1) shall accord priority for scholar- (1) identifying Indians with a potential medicine, optometry, podiatry, pharmacy, ship grants under this section to applicants for education or training in the health pro- public health, nursing, or allied health pro- who are Indians, and (ii) may determine dis- fessions and encouraging and assisting them fessions (including schools certified by the tribution of scholarship grants on the basis (A) to enroll in schools of medicine, osteop- Secretary as capable of training individuals of the relative needs of Indians for additional athy, dentistry, veterinary medicine, optom- in Indian traditional medicine) may be em- service in specifice health profesions. etry, podiatry, pharmacy, public health, ployed by the Service during any nonaca- (2) Each scholarship grant under this nursing, or allied health professions; or (B), demic period of the year. Any such employ- section shall (i) fully cover the costs of tui- if they are not qualified to enroll in any such ment shall not exceed one hundred and tion, and (ii), when taken together with the school, to undertake such postsecondary twenty days during any calendar year. financial resources of the grantee, fully cover education or training as may be required to (c) Any employment pursuant to this the costs of books, transportation, board, and qualify them for enrollment; section shall be made without regard to any other necessary related expenses:- Provided, (2) publicizing existing sources of finan- competitive personnel system or agency per- That the amount of grant funds available cial aid available to Indians enrolled in any sonnel limitation and to a position which annually to each grantee under clause (II) school referred to in clause (1) (A) of this will enable the individual so employed to shall not exceed $8,000, except where the subsection or who are undertaking training receive practical experience in the health necessary to qualify them to enroll in any scholarship grant is extended to cover the profession in which he or she is engaged in such school; or period between academic years pursuant to study. Any individual so employed shall re- (3) establishing other programs which the paragraph (3) of this subsection. ceive payment for his or her services com- Secretary determines will enhance and fa- (3) Scholarship grants under this section parable to the salary he or she would receive cilitate the enrollment of Indians, and the shall be made with respect to academic years, if he or she were employed in the competi- subsequent pursuit and completion by them except that any such grant may be extended tive system. Any individual so employed shall of courses of study, in any school referred and increased for the period. between aca- demic years if the grantee is engaged in not be counted against any employment to in clause (1) (A) of this subsection. clinical or other practical experience related celling affecting the Service or the Depart- (b) (1) No grant may be made under this ment of Health, Education, and Welfare. section unless an application therefor has to his or her course of study and if further grant assistance during such period is re- (d) There are authorized to be appropri- been submitted to, and approved by, the ated for the purpose of this section: $800,000 Secretary. Such application shall be in such quired by the grantee because of his or her form, submitted in such manner, and con- financial need. for fiscal year 1977, $1,200,000 for fiscal year 1978, $1,600,000 for fiscal year 1979, $2,200,000 tain such information, as the Secretary shall (c) (1) As a condition for any scholarship for fiscal year 1980, $2,800,000 for fiscal year by regulation prescribe. grants under this section, each grantee shall 1981, $3,200,000 for fiscal year 1982, and (2) The amount of any grant under this be obligated to provide professional service $3,550,000 for fiscal year 1983. section shall be determined by the Secre- to Indians for a period of years equal to the tary. Payments pursuant to grants under number of years during which he or she re- EDUCATIONAL AND TRAINING PROGRAMS IN EN- this section may be made in advance or by celves such grants. VIRONMENTAL HEALTH, HEALTH EDUCATION, (2) For the purpose of clause (1) of this AND NUTRITION way of reimbursement, and at such inter- vals and on such conditions, as the Secretary subsection, "professional service to Indians" SEC. 106. (a) The Secretary, acting through finds necessary. shall mean employment in the Service or in the Service, shall make grants to individuals, (c) For the purpose of making payments private practice where, in the judgment of nonprofit entitles, appropriate public or pri- pursuant to grants under this section, there the Secretary in accordance with guidelines vate agencies, educational institutions, or In- are authorized to be appropriated $1,500,000 promulgated by him, such practice is situated dian tribes and tribal organizations to en- for fiscal year 1977, $2,500,000 for fiscal year in B physician or other health professional able the recipients of such grants to estab- 1978, $3,000,000 for fiscal year 1979, $4,000,000 shortage area and addresses the health care lish and carry out programs to train individ- for fiscal year 1980, $4,500,000 for fiscal year needs of a substantial number of Indians. Pe- uals so as to enable them to provide their 1981, $5,000,000 for fiscal year 1982, and riods of internship or residency, except resi- services to Indians in the following areas: $4,500,000 for fiscal year 1983. dency served in a facility of the Service, shall (1) environmental health, including proper HEALTH PROFESSIONS PREPARATORY SCHOLAR- not constitute fulfillment of this service waste disposal, reduced pesticide inhalation, SHIP PROGRAM FOR INDIANS obligation. proper sanitation, and vector control; SEC. 103. (a) The Secretary, acting through (3) (A) A service obligation of any indi- (2) health education, including advising the Service, shall make scholarship grants to vidual pursuant to this section shall be and training Indians with respect to personal Indians who- canceled upon the death of such individual. hygiene, the essentials of first aid, the care (1) have successfully completed their (B) The Secretary shall by regulation pro- of critically ill in the home and entitlements high school education or high school equiv- vide for the waiver or suspension of a service of Indians to, and the availability of, health alency; and obligation of any individual whenever com- care services and assistance; providing ade- (2) have demonstrated the capability to pliance by such individual is impossible or quate health information to schools; and es- successfully complete courses of study in would involve extreme hardship to such in- tablishing health courses in secondary schools of medicine, osteopathy, dentistry, dividual and if enforcement of such obliga-- schools encouraging entry by Indians into veterinary medicine, optometry, podiatry, tion with respect to any individual would health-related professions; and pharmacy, public health, nursing, or allied be against equity and good conscience. (3) nutrition, including advising and train- health professions. ing Indians with respect to child nutrition, (d) Individuals receiving scholarship (b) Each scholarship grant, made under availability of nutrition programs (such as grants under this section shall not be this section shall be for a period not to ex- hot school lunch programs), nutrition in counted against any employment ceiling af- ceed two academic years, which years shall prenatal care, and nutrition education for the fecting the Service or the Department of be the final two years of the preprofessional total population, particularly for those found Health, Education, and Welfare. education of any grantee. to have or to be susceptible to, diabetes, hy- (e) There are authorized to be appropriated (c) Scholarship grants made under this pertension, and heart disease. for the purpose of this section: $6,000,000 section may cover costs of tuition, books, (b) Grants pursuant to this section shall for fiscal year 1977, $7,500,000 for fiscal year be made in such manner and in such amounts 8438 CONGRESSIONAL RECORD-SENATE May 16, 1975 and subject to such conditions as the Secre- year 1981, $23,000,000 and one hnudred and each of the clauses (1) through (5) of sub- tary shall by regulation prescribe. fifty positions for fiscal year 1982, and section (c) for research in each of the areas (c) There are authorized to be appropri- $28,500,000 and one hundred and sixty-five of Indian health care for which such funds ated to carry out the provisions of this sec- positions for fiscal year 1983. are authorized to be appropriated. tion: $500,000 for fiscal year 1977, $600,000 (3) Dental care (direct and indirect) TITLE II-HEALTH FACILITIES for fiscal year 1978, $700,000 for fiscal year $800,000 and eighty positions for fiscal year 1979, $800,000 for fiscal year 1980, $900,000 for 1977, $1,500,000 and seventy positions for CONSTRUCTION AND RENOVATION OF SERVICE fiscal year 1978, $2,000,000 and fifty positions FACILITIES fiscal year 1981, $900,000 for fiscal year 1982, and $600,000 for fiscal year 1983. for fiscal year 1979, $2,500,000 and fifty posi- SEC. 301. (a) For the purpose of eliminat- CONTINUING EDUCATION ALLOWANCES tions for fiscal year 1980, $2,900,000 and forty ing inadequate, outdated, and otherwise un- positions for fiscal year 1981, $3,200,000 and satisfactory Service hospitals, health cen- SEC. 107. (a) In order to encourage physl- thirty positions for fiscal year 1982, and ters, health stations, and other Service fa- cians and other health professionals. to join $3,500,000 and twenty-five positions for fiscal cilities, the Secretary, acting through the the Service and to provide their services in year 1983. Service, is authorized to expend $528,637,000 the rural and remote areas where a signif- (4) Mental health: (A) Community men- over a seven-fiscal-year period in accord- icant portion of the Indian people resides, tal health services: $900,000 and forty posi- ance with the following schedule: the Secretary, acting through the Service, tions for fiscal year 1977, $1,700,000 and (1) Hospitals: $123,880,000 for fiscal year may provide allowances to health profes- thirty positions for fiscal year 1978, $2,400,000 1977, $55,171,000 for fiscal year 1978, $24,703,- sionals employed in the Service to enable and thirty positions for fiscal year 1979, 000 for fiscal year 1979, $70,810,000 for fiscal them for a period of time each year pre- $3,000,000 and twenty-five positions for fiscal year 1980, $45,652,000 for fiscal year 1981, scribed by regulation of the Secretary to year 1980, $3,500,000 and twenty positions $29,675,000 for fiscal year 1982, and $33,779,- take leave of their duty stations for profes- for fiscal year 1981, $3,800,000 and ten posi- 000 for fiscal year 1983. sional consultation and refresher training tions for fiscal year 1982, and $4,100,000 and (2) Health centers and health stations: courses. fifteen positions for fiscal year 1983. $6,960,000 for fiscal year 1977, $6,226,000 for (b) There are authorized to be appro- (B) Inpatient mental health services: fiscal year 1978, $3,720,000 for fiscal year priated for the purpose of this section: $200,000 and fifteen positions for fiscal year 1979, $4,440,000 for fiscal year 1980, $2,335,000 $100,000 for fiscal year 1977, $200,000 for 1977, $400,000 and fifteen positions for fiscal for fiscal year 1981, $1,760,000 for fiscal year fiscal year 1978, $250,000 for fiscal year 1979, year 1978, $600,000 and fifteen positions for 1982 and $2,360,000 for fiscal year 1983. $300,000 for fiscal year 1980, $350,000 for fiscal year 1979, $800,000 and fifteen posi- (3) Staff housing: $2, 484,000 for fiscal year fiscal year 1981, $350,000 for fiscal year 1982, tions for fiscal year 1980, $1,000,000 and fif- 1977, $43,450,000 for fiscal year 1978, $8,231,- and $325,000 for fiscal year 1983. teen positions for fiscal year 1981, $1,300,000 000 for fiscal year 1979, $9,390,000 for fiscal TITLE II-HEALTH SERVICES and twenty positions for fiscal year 1982, year 1980, $20,140,000 for fiscal year 1981, SEC. 201. (a) For the purpose of eliminat- and $1,600,000 and twenty-five positions for $12,267,000 for fiscal year 1982, and $13,704,- ing backlogs in Indian health care services fiscal year 1983. 000 for fiscal year 1983. and to supply known, unmet medical, surgi- (C) Model dormitory mental health serv- (4) Health facilities for primary and sec- cal, dental. and other Indian health needs, ices: $625,000 and fifty positions for fiscal ondary Bureau of Indian Affairs schools: the Secretary is authorized to expend $491,- year 1977, $1,250,000 and fifty positions for $1,500,000 for fiscal year 1977, $1,000,000 for 975,000 through the Service, over a seven- fiscal year 1978, $1,875,000 and fifty positions fiscal year 1978, $1,000,000 for fiscal year 1979, fiscal-year period in accordance with the for fiscal year 1979, and $2,500,000 and fifty $1,000,000 for fiscal year 1980, $1,000,000 for schedule provided in subsection (c). Funds positions for fiscal year 1980. fiscal year 1981, $1,000,000 for fiscal year 1982, appropriated pursuant to-this section each (D) Therapeutic and residential treat- and $1,000,000 for fiscal year 1983. fiscal year shall not be used to offset or limit ment centers: $150,000 and ten positions for (b) The Secretary acting through the Serv- the appropriations required by the Service fiscal year 1977, $300,000 and ten positions ice, is authorized to equip and staff such to continue to serve the health needs of for fiscal year 1978, $400,000 and five posi- Service facilities at levels commensurate with Indians during and subsequent to such tions for fiscal year 1979, $500,000 and five their operation at optimum levels of effec- seven-fiscal-year period, but shall be in ad- positions for fiscal year 1980, $600,000 and tiveness. dition to the level of appropriations pro- ten positions for fiscal year 1981, $700,000 (c) Prior to the expenditure of, or the vided to the Service in fiscal year 1976 re- and five positions for fiscal year 1982, and making of any firm commitment to expend, quired to continue the programs of the Serv- $800,000 and five positions for fiscal year any funds authorized in subsection (a), the ice thereafter. 1983. Secretary. acting through the Service, shall- (b) The Secretary, acting through the (E) Training of traditional Indian prac- (1) consult with any Indian tribe to be Service, is authorized to employ persons to titioners in mental health: $75,000 for fis- significantly affected by any such expendi- implement the provisions of this section dur- cal year 1977, $150,000 for fiscal year 1978, ture for the purpose of determining and, ing the seven-fiscal-year period in accord- $200,000 for fiscal year 1979, $250,000 for fis- wherever practicable, honoring tribal prefer- ance with the schedule provided in subsec- cal year 1980, $300,000 for fiscal year 1981, ences concerning the size, location, type, and tion (c). Such positions authorized each $300,000 for fiscal year 1982, and $300,000 for other characteristics of any facility on which fiscal year pursuant to this section shall not fiscal year 1983. such expenditure is to be made; and be considered as offsetting or limiting the (5) Treatment and control of alcoholism (2) be assured that, wherever practicable, personnel required by the Service to serve among Indians: $8,000,000 for fiscal year 1977, the health needs of Indians during and sub- such facility, not later than five years after $10,500,000 for fiscal year 1978, $13,000,000 sequent to such seven-fiscal-year period but its construction or renovation, shall meet the for fiscal year 1979, $15,000,000 for fiscal year standards of the Joint Commission on Ac- shall be in addition to the positions au- 1980, $17,000,000 for fiscal year 1981, $18,- creditation of Hospitals: thorized in the previous fiscal year and to 500,000 for fiscal year 1982, and $20,000,000 the annual personnel levels required to con- for fiscal year 1983. CONSTRUCTION OF SAFE WATER AND SANITARY tinue the programs of the Service. (6) Provision of health care personnel in WASTE DISPOSAL FACILITIES (c) The following amounts and positions primary-and secondary Bureau of Indian Af- SEC. 302. (a) The Secretary is authorized are authorized, in accordance with the pro- fairs schools: $600,000 and thirty-three posi- to expend, pursuant to the Act of July 31, visions of subsections (a) and (b), for the tions for fiscal year 1977, $1,000,000 and twen- 1959 (73 Stat. 267); $378,000,000 within a specific purposes noted: ty-two-positions for fiscal year 1978, $1,300,- seven-fiscal-year petriod following the enact- (1) Patient care (direct and indirect) 000 and sixteen positions for fiscal year 1979, ment of this Act, in accordance with the $4,000,000 and one hundred and fifty posi- $1,700,000 and twenty-two positions for fis- schedule provided in subsection (b), to sup- tions for fiscal year 1977, $10,000,000 and two cal year 1980, $2,500,000 and forty-four posi- ply unmet needs for safe water and sanitary hundred and twenty-five positions for fiscal tions for fiscal year 1981, $3,900,000 and waste disposal facilities in existing and new year 1978, $18,000,000 and three hundred seventy-six positions for fiscal year 1982, and Indian homes and communities. positions for fiscal year 1979, $26,500,000 and $6,000,000 and one hundred and fifteen po- (b) To effect the purpose of subsection (a), three hundred and twenty positions for fiscal sitions for fiscal year 1983. there are authorized to be appropriated: year 1980, $36,000,000 and three hundred and (7) Maintenance and repair (direct and $60,000,000 for fiscal year 1977, $60,000,000 sixty positions for fiscal year 1981, $46,000.- indirect) $3,000,000 and twenty positions for for fiscal year 1978, $60,000,000 for fiscal year 000, and three hundred and seventy-five po- fiscal year 1977, $3,000,000 and twenty posi- 1979, $60,000,000 for fiscal year 1980, $60,000- sitions for fiscal year 1982, and $58,000,000 tions for fiscal year 1978, $4,000,000 and thirty 000 for fiscal year 1981, $52,000,000 for fiscal and four hundred and fifty positions for positions for fiscal year 1979, $4,000,000 and year 1982, and $26,000,000 for fiscal year 1983. fiscal year 1983. thirty positions for fiscal year 1980, $4,000,- (c) The Secretary is authorized and dl- (2) Field health, excluding dental care 000 and thirty positions for fiscal year 1981, rected to develop a plan, together with the (direct and indirect) $3,000,000 and ninety $2,000,000 and fifteen positions for fiscal Secretaries of the Interior and of Housing positions for fiscal year 1977, $6,000,000 and year 1982, and $1,000,000 and five positions and Urban Development and upon consulta- ninety positions for fiscal year 1978, $9,000,- for fiscal year 1983. tion with Indian tribes, to assure that the 000 and ninety positions for fiscal year 1979, (d) The Secretary, acting through the schedule provided for in subsection (b) will $13,000,000 and one hundred and twenty Service, shall expend directly or by contract be met. Such plan shall be submitted to the positions for fiscal year 1980, $18,000,000 and not less than 1 per centum of the funds Congress no later than ninety days from the one hundred and fifty positions for fiscal appropriated under the authorizations in date of enactment of this Act. May 16, 1975 CONGRESSIONAL RECORD-SENATE 8439 PREFERENCE TO INDIANS AND INDIAN FIRMS skilled nursing facility, or intermediate care this title in any contract which he makes SEC. 303. (a) The Secretary, acting through facility). whether operated by the Service with any urban Indian organization pursuant the Service, may utilize the negotiating au- or by an Indian tribe or tribal organization, to this title. Such conditions shall include, thority of the Act of June 25, 1910 (36 Stat. shall hereby be deemed to be a facility eli- but are not limited to, requirements that the 861), to give preference to any Indian or any gible for reimbursement under said title organization successfully undertake the fol- enterprise, partnership, corporation, or other XIX: Provided, That the requirements of lowing activities: type of business organization owned and subsection (c) are met. (1) determine the population of urban In- controlled by an Indian or Indians (herein- (b) The Secretary is authorized to enter dians which are or could be recipients of after referred to as an "Indian firm") in into agreements with the appropriate State health referral or care services; the construction and renovation of Service agency for the purpose of reimbursing such (2) identify all public and private health facilities pursuant to section 301 and in agency for health care and services pro- service resources within the urban center in the construction of safe water and sanitary vided in Service facilities to Indians who which the organization is situated which are waste disposal facilities pursuant to section are beneficiaries under title XIX of the So- or may be available to urban Indians; 302. Such preference may be accorded by cial Security Act, as amended. (3) assist such resources in providing serv- the Secretary unless he finds, pursuant to (c) Prior to the provision of any care or ice to such urban Indians: rules and regulations promulgated by him, service for which reimbursement may be (4) assist such urban Indians in becoming that the project or function to be contracted made, the Secretary shall certify that the familiar with and utilizing such resources; for will not be satisfactory or such project facility meets the standards applicable to (5) provide basic health education to such or function cannot be properly completed other hospitals eligible for reimbursement urban Indians; or maintained under the proposed contract. under title XIX of the Social Security Act, (6) establish and implement manpower The Secretary, in arriving at his finding, as amended, or, in the case of any facility training programs to accomplish the referral shall consider whether the Indian or Indian existing at the time of enactment of this and education tasks set forth in-clauses (3) firm will be deficient with respect to (1) Act, that the Service has provided an ac- through (5) of this subsection; ownership and control by Indians, (2) equip- ceptable written plan for bringing the fa- (7). identify gaps between unmet health ment. (3) bookkeeping and accounting pro- cility into full compliance with such stand- needs of urban Indians and the resources cedures, (4) substantive knowledge of the ards within two years from the date of ac- available to meet such needs; project or function to be contracted for, (5) ceptance of the plan by the Secretary. The (8) make recommendations to the Sec- adequately trained personnel, or (8) other Service facilities shall not be required to retary and Federal, State, local, and other necessary components of contract perform- be licensed by any State or locality in which resource agencies on methods of improving ance. they are located: Provided, however, That health service programs to meet the needs (b) For the purpose of implementing the the Secretary shall include in his certifica- of urban Indians; and provisions of this title, the Secretary shall tions appropriate assurances that such facil- (9) where necessary, provide or contract assure that the rates of pay for personnel ities will meet standards equivalent to licen- for health care services to urban Indians. engaged in the construction or renovation sure requireemnts. (b) The Secretary, acting through the of facilities constructed or renovated in (d) Any payments received for services Service, shall by regulation prescribe the cri- whole or in part by funds made available provided recipients hereunder shall not be teria for selecting urban Indian organiza- pursuant to this title are not less than the considered in determining appropriations tions with which to contract pursuant to prevailing local wage rates for similar work for the provision of health care and serv- this title. Such criteria shall; among other as determined in accordance with the Act ices to Indians. factors, take into consideration: of March 3, 1921 (46 Stat. 1491), as amended. (1) the extent of the unmet health care (e) Notwithstanding any other provision of TITLE IV-ACCESS TO HEALTH SERVICES law, with respect to amounts expended dur- needs of urban Indians in the urban center involved; SERVICES PROVIDED TO MEDICARE ELIGIBLE ing any quarter as medical assistance under INDIANS title XIX of the Social Security Act, as (2) the size of the urban Indian popula- amended, for services which are included in tion which is to receive assistance; SEC. 401. (a) Notwithstanding any other (3) the relative accessibility which such provision of law, for purpose of title XVIII the State plan and are received through a of the Social Security Act, as amended, 8 Service facility, whether operated by the population has to health care services in such urban center; Service facility (including a hospital or Service or by an Indian tribe or tribal orga- skilled nursing facility), whether operated nization, to individuals who are (1) eligible (4) the extent, if any, to which the project by the Service or by any Indian tribe or under the plan of the State under said title would duplicate any previous or current pub- XIX and (ii) eligible for comprehensive lic or private health services project funded tribal organization, shall hereby be deemed health services under the Service program, by another source in such urban center; to be a facility eligible for reimbursement under said title XVIII: Provided, That the the Federal medical assistance percentage (5) the appropriateness and likely effec-- requirements of subsection (b) are met. under said title XIX shall be increased to 100 tiveness of a project assisted pursuant to this title in such urban center; (b) Prior to the provision of any care or per centum. (6) the existence of an urban Indian or- service for which reimbursement may be (f) Nothing in this section shall authorize ganization capable of performing the activi- made, the Secretary shall certify that the the Secretary to provide services to an Indian ties set forth in subsection (a) and of enter- facility meets the standards applicable to beneficiary with coverage under title XIX of ing into a contract with the Secretary pur- other hospitals and skilled nursing facilities the Social Security Act, as amended, in suant to this title; and eligible for reimbursement under title XVIII preference to an Indian beneficiary without such coverage. (7) the extent of existing or likely future of the Social Security Act, as amended, or, in the case of any facility existing at the time REPORT participation in such activities by appro- priate health and health-related Federal, of enactment of this Act, that the Service SEC. 403. The Secretary shall include in his State, local, and other resource agencies. has provided an acceptable written plan for annual report required by subsection (a) of bringing the facility into full compliance section 601 an accounting on the amount OTHER CONTRACT REQUIREMENTS with such standards within two years from and use. of funds made available to the SEC. 504. (a) Contracts with urban Indian the date of acceptance of the plan by the Service pursuant to this title as a result of organizations pursuant to this title shall be Secretary. The Service facilities shall not be reimbursements through titles XVIII and in accordance with all Federal contracting required to be licensed by any State or lo- XIX of the Social Security Act, as amended. laws and regulations except that, in the dis- cality in which they are located: Provided, TITLE V-HEALTH SERVICES FOR URBAN cretion of the Secretary, such contracts may however, That the Secretary shall include be negotiated without advertising and need INDIANS in his certifications appropriate assurances not conform to the provisions of the Act of that such facilities will meet standards PURPOSE August 24, 1935 (48 Stat. 793), as amended. equivalent to licensure requirements. SEC. 501. The purpose of this title is to (b) Payments under any contracts pursu- (c) Any payments received for services encourage establishment of programs in ant to this title may be made in advance or provided to beneficiaries hereunder shall not urban Indian areas to make health services by way of reimbursement and in such install- be considered in determining appropriations more accessible to the urban Indian popula- ments and on such conditions as the Secre- for health care and services to Indians. tion. tary deems necessary to carry out the pur- (d) Nothing herein authorizes the Secre- CONTRACTS WITH URBAN INDIAN ORGANIZATIONS poses of this title. tary to provide services to an Indian bene- SEC. 502. The Secretary, acting through the (c) Notwithstanding any provision of law ficiary with coverage under title XVIII of Service, shall enter into contraets with urban to the contrary, the Secretary may, at the re- the Social Security Act, as amended, in pref- Indian organizations to assist such organiza- quest or consent of an urban Indian orga- erence to an Indian beneficiary without such tions to establish and administer, in the ur- nization, revise or amend any contract coverage. ban centers in which such organizations are made by him with such organization pursu- SERVICES PROVIDED TO MEDICAID ELIGIBLE situated, programs which meet the require- ant to this title as necessary to carry out the INDIANS ments set forth in sections 503 and 504. purposes of this title: Provided, however, SEC. 402. (a) Notwithstanding any other That, whenever an urban Indian organiza- CONTRACT ELIGIBILITY provision of law, for the purpose of title tion requests retrocession of the Secretary SEC. 503. (a) The Secretary, acting through XIX of the Social Security Act, as amended, for any contract entered into pursuant to the Service, shall place such conditions as a Service facility (including a hospital, this title, such retrocession shall become ef- he deems necessary to effect the purpose of fective upon a date specified by the Secretary S 8440 CONGRESSIONAL RECORD-SENATE May 16, 1975 not more than one hundred and twenty rules and regulations to implement the pro- farmers across the country responded days from the date of the request by the visions of this Act. to the heavy demand and high prices of organization or at such later date as may be (2) Within four months from the date of enactment of this Act, the Secretary shall recent times by producing a harvest: mutually agreed to by the Secretary and the organization. publish proposed rules and regulations in the large enough to bring consumer prices (d) Contracts with urban Indian orga- Federal Register for the purpose of receiving down to levels not seen since the 1930's. nizations and regulations adopted pursuant comments from interested parties. Thus, many growers now find them- to this title shall include provisions to as- (3) Within six months from the date of selves with potatoes which can be sold sure the fair and uniform provisions to urban enactment of this Act, the Secretary shall only at a loss. The consumer's benefit Indians of services and assistance under such promulgate rules and regulations to imple- from this situation will be short-lived contracts by such organizations. ment the provisions of this Act. unless potato prices rise, as the farmer, (b) The Secretary is authorized to revise REPORTS AND RECORDS and amend any rules or regulations promul- like any businessman, cannot for long SEC. 505. For each fiscal year during which gated pursuant to this Act: Provided, That, afford to do business at a loss. an urban Indian organization receives or ex- prior to any revision of or amendment to such Accordingly, this resolution, directed pends funds pursuant to a contract under rules or regulations, the Secretary shall, to to the Secretary of Agriculture, seeks to this title, such organization shall submit to the extent practicable, consult with appro- underscore the Senate's concern over the the Secretary a report including informa- priate national or regional Indian organiza- situation I have just described, and it tion gathered pursuant to section 503(a) tions and shall publish any proposed revision urges the Secretary of Agriculture to (7) and (8), information on activities con- or amendment in the Federal Register not ducted by the organization pursuant to the take immediate action to distribute po- less than sixty days prior to the effective date contract, an accounting of the amounts and of such revision or amendment in order to tato stocks pursuant to existing laws. purposes for which Federal funds were ex- provide adequate notice to, and receive com- Specifically, the Secretary has long been pended, and such other information as the ments from, other interested. parties. authorized to purchase agricultural Secretary may request. The reports and rec- LEASES WITH INDIAN TRIBES commodities for domestic consumption, ords of the urban Indian organization with SEC. 603. Notwithstanding any other provi- under section 32 of the act of August 24, respect to such contract shall be subject to audit by the Secretary and the Comptroller sion of law, the Secretary is authorized, in 1935 and section 416 of the Agricultural General of the United States. carrying out the purposes of this Act, to enter Act of 1949; and for foreign distribu- into leases with Indian tribes for periods not tion under Public Law 480-the food-for-12 AUTHORIZATIONS in excess of twenty years. peace program. SEC. 506. There are authorized to be appro- AVAILABILITY OF FUNDS I believe that the present supply of priated for the purpose of this title: $5,000,- 000 for fiscal year 1977, $10,000,000 for fiscal SEC. 604. The funds appropriated pursuant potatoes is primarily & useful blessing year 1978, and $15,000,000 for fiscal year to this Act shall remain available until For there are hungry people, at home 1979. expanded. and abroad, who would gratefully. par-n REVIEW OF PROGRAM The ACTING PRESIDENT pro tem- take of some of these agricultural riches. SEC. 507. Within six months after the end pore. The question is on agreeing to the And it is clear that these potatoes will of fiscal year 1978, the Secretary, acting committee amendment in the nature of do no one any good if allowed to remain through the Service and with the assistance a substitute. in potato house bins across the country. of the urban Indian organizations which The committee amendment in the na- As the committee has so accurately have entered into contracts pursuant to this ture of a substitute was agreed to. noted in its report, potatoes are an im- title, shall review the program established The ACTING PRESIDENT pro tem- portant source of protein, calcium, phos- under this title and submit to the Congress pore. The question is on the engrossment phorus and vitamin C, among other min- his or her assessment thereof and recom- erals and vitamins. mendations for any further legislative ef- and third reading of the bill. forts he or she deems necessary to meet the The bill (S. 522) was ordered to be en- Mr. President, what we have is a sup- purpose of this title. grossed for a third reading was read the ply of potatoes which may be purchased TITLE VI--MISCELLANEOUS at favorable prices to benefit both the third time, and passed. people who will consume them and the REPORTS farmers who grow them. It does not re- SEC. 601. (a) The Secretary shall report an- nually to the President and the Congress on THE PLIGHT OF POTATO GROWERS quire high intelligence, nor a profound progress made in effecting the purposes of analysis of this situation, to conclude The Senate proceeded to consider the this Act. Within three months after the end that the Secretary of Agriculture, under of fiscal year 1979, the Secretary shall review resolution (S. Res. 122) expressing to the authority of long-standing statutes and expenditures and levels of authorizations un- Secretary of Agriculture the sense of con- without adverse effect upon the con- der this Act and make recommendations to" cern felt by the Senate for the present sumer, can in large measure remedy this Congress concerning any increases or de- plight of potato growers across the temporary but troublesome situation creases in the authorizations for fiscal years country, which had been reported from I am confident that appropriate 1981 through 1983 under this Act which he the Committee on Agriculture and For- deems appropriate. Within three months af--- tion by the Secretary of Agriculture estry, with the preamble amended as ter the end of fiscal year 1982, the Secretary indeed, I applaud his recent but prom follows: shall review the programs established or as- ising efforts in the use of potato granules sisted pursuant to this Act and shall submit On page 1, in the second "Whereas" in the food for peace program will to the Congress his assessment thereof and clause, strike out "high quality protein" favorably alter the present situation and recommendations of additional programs or and insert "nutritious food" encourage the resumption of normal additional assistance necessary to, at a min- In the fourth "Whereas" clause, after market forces which generally prove imum, provide health services to Indians, and the word "Ls" insert "the imbalance of in- satisfactory to grower and consumer insure a health status for Indians, which are adequacy of vitamins, minerals, and"; alike. at a parity with the health services available and after the word "protein" strike out to, and the health status of, the general Mr. President, I urge swift passage of the word "deficiency". population. this resolution. On page 2, in the third "Whereas" (b) There is hereby authorized to be ap- Mr. President, I ask unanimous con- clause, strike out high quality" and in- propriated to the Secretary $150,000 to sup- sent to have printed in the RECORD a port a one-year study by the National Indian sert vitamins, minerals, and plant". statement by the senior Senator from Health Board of mental health problems, in- In the fifth "Whereas". clause, strike Maine (Mr. MUSKIE) cluding alcoholism and related problems, out the word "protein" and insert the The PRESIDING OFFICER. Without among Indians. The study, together with any word "food.". objection, it is SQ ordered. recommendations the Board may have for The PRESIDING OFFICER. Theques- STATEMENT BY SENATOR MUSKIE legislative or administrative actions to rem- tion is on agreeing to the resolution. edy such problems, shall be submitted to I join my colleague Senator Hathaway in the Congress by the Secretary no later than Mr. HATHAWAY. Mr. President, Drise urging Senate approval for S. Res. 122. which thirty days after the study's completion. in support of Senate Resolution 122 and is designed to encourage use of potato stocks I would like briefly to recount the prob- in our domestic and foreign food distribu- REGULATIONS lem which it addresses, and the reason- tion programs. This resolution calls on the SEC. 602. (a) (1) Within three months from the date of enactment of this Act, the Sec- able solution to which I believe it pro- Secretary of Agriculture to take advantage of the existing abundance of potatoes by retary shall, to the extent practicable, consult poses. purchasing and distributing them at very with national and regional Indian organiza- The problem, Mr. President, is simply favorable terms, in order to feed the needy tions to consider and formulate appropriate an abundance of potatoes. Potato at home and hungry people around the world 94TH CONGRESS 1st SESSION S. 522 IN THE HOUSE OF REPRESENTATIVES MAY 22, 1975 Referred to the Committee on Interior and Insular Affairs AN ACT To implement the Federal responsibility for the care and edu- cation of the Indian people by improving the services and facilities of Federal Indian health programs and encouraging maximum participation of Indians in such programs, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Indian Health Care 4 Improvement Act". TABLE OF CONTENTS Sec. 1. Short title. Sec. 2. Findings. Sec. 3. Declaration of policy. Sec. 4. Definitions. I 2 3 TABLE OF CONTENTS-Continued 1 relationship with, and resulting responsibility to, the Ameri- TITLE I-INDIAN HEALTH MANPOWER 2 can Indian people. Sec. 101. Purpose. Sec. 102. Health professions recruitment program for Indians. 3 (b) A major national goal of the United States is to Sec. 103. Health professions preparatory scholarship program for In- dians. Sec. 104. Health professions scholarship program. 4 provide the quantity and quality of health services which Sec. 105. Indian Health Service extern programs. Sec. 106. Educational and training programs in environmental health, 5 will permit the health status of Indians to be raised to the health education, and nutrition. Sec. 107. Continuing education allowances. 6 highest possible level and to encourage the maximum par- TITLE II-HEALTH SERVICES 7 ticipation of Indians in the planning and management of Sec. 201. Health services. 8 those services. TITLE III-HEALTH FACILITIES Sec. 301. Construction and renovation of Service facilities. 9 (c) Federal health services to Indians have resulted in Sec. 302. Construction of safe water and sanitary waste disposal facilities. Sec. 303. Preference to Indians and Indian firms. 10 a reduction in the prevalence and incidence of preventable TITLE IV-ACCESS TO HEALTH SERVICES 11 illnesses among, and unnecessary and premature deaths of, Sec. 401. Services provided to medicare eligible Indians. Sec. 402. Services provided to medicaid eligible Indians. 12 Indians. Sec. 403. Report. TITLE V-HEALTH SERVICES FOR URBAN INDIANS 13 (d) Despite such services, the unmet health needs of Sec. 501. Purpose. 14 the American Indian people are severe and the health status Sec. 502. Contracts with urban Indian organizations. Sec. 503. Contract eligibility. Sec. 504. Other contract requirements. 15 of the Indians is far below that of the general population of Sec. 505. Reports and records. Sec. 506. Authorizations. 16 the United States. For example, for Indians compared to Sec. 507. Review of program. 17 all Americans in 1971, the tuberculosis death rate was over TITLE VI-MISCELLANEOUS Sec. 601. Reports. 18 four and one-half times greater, the influenza and pneumonia Sec. 602. Regulations. Sec. 603. Leases with Indian tribes. 19 death rate over one and one-half times greater, and the Sec. 604. Availability of funds. 20 infant death rate approximately 20 per centum greater. 1 FINDINGS 21 (e) All other Federal services and programs in fulfill- 2 SEC. 2. The Congress finds that- 22 ment of the Federal responsibility to Indians are jeopardized 3 (a) Federal health services to maintain and improve 23 by the low health status of the American Indian people. 4 the health of the Indians are consonant with and required 24 (f) Further improvement in Indian health is imperiled 5 by the Federal Government's historical and unique legal 25 by- 4 5 1 (1) inadequate, outdated, inefficient, and under- 1 seven hundred housing units are needed for staff at re- 2 manned facilities. For example, only twenty-four of fifty- 2 mote Service facilities; 3 one Indian Health Service hospitals are accredited by 3 (5) lack of access of Indians to health services due 4 the Joint Commission on Accreditation of Hospitals; 4 to remote residences, undeveloped or underdeveloped 5 only thirty-one meet national fire and safety codes; 5 communication and transportation systems, and difficult, 6 and fifty-two locations with Indian populations have 6 sometimes severe, climatic conditions; and 7 been identified as requiring either new or replacement 7 (6) lack of safe water and sanitary waste disposal 8 health centers and stations, or clinics remodeled for im- 8 services. For example, over thirty-seven thousand four 9 proved or additional service; 9 hundred existing and forty-eight thousand nine hun- 10 (2) shortage of personnel. For example, about one- 10 dred and sixty planned replacement and renovated In- 11 half of the Service hospitals, four-fifths of the Service 11 dian housing units need new or upgraded water and 12 hospital outpatient clinics, and one-half of the Service 12 sanitation facilities. 13 health clinics meet only 80 per centum of staffing stand- 13 (g) The Indian people's growth of confidence in Federal 14 ards for their respective services; 14 Indian health services is revealed by their increasingly heavy 15 (3) insufficient services in such areas as laboratory, 15 use of such services. Progress toward the goal of better 16 hospital inpatient and outpatient, eye care and mental 16 Indian health is dependent on this continued growth of con- 17 health services, and services available through contracts 17 fidence. Both such progress and such confidence are depend- 18 with private physicians, clinics, and agencies. For ex- 18 ent on improved Federal Indian health services. 19 ample, about 90 per centum of the surgical operations 19 DECLARATION OF POLICY 20 needed for otitis media have not been performed, over 57 20 SEC. 3. The Congress hereby declares that it is the 21 per centum of required dental services remain to be pro- 21 policy of this Nation, in fulfillment of its special responsi- 22 vided, and about 98 per centum of hearing aid require- 22 bilities and legal obligation to the American Indian people, 23 ments are unmet; 23 to meet the national goal of providing the highest possible 24 (4) related support factors. For example, over 24 health status to Indians and to provide existing Indian 6 7 1 health services with all resources necessary to effect that 1 Alaska Native village or group as defined in the Alaska Na- 2 policy. 2 tive Claims Settlement Act (85 Stat. 688), which is recog- 3 DEFINITIONS 3 nized as eligible for the special programs and services pro- 4 SEC. 4. For purposes of this Act- 4 vided by the United States to Indians because of their status 5 (a) "Secretary", unless otherwise designated, means 5 as Indians. 6 the Secretary of Health, Education, and Welfare. 6 (e) "Tribal organization" means the elected governing 7 (b) "Service" means the Indian Health Service. 7 body of any Indian tribe or any legally established organiza- 8 (c) "Indians" or "Indian", unless otherwise designated, 8 tion of Indians which is controlled by one or more such 9 means any person who is a member of an Indian tribe, as 9 bodies or by a board of directors elected or selected by one 10 defined in subsection (d) hereof, except that, for the purpose 10 or more such bodies (or elected by the Indian population to 11 of sections 102, 103, 104 (b) (1) (i), and 201 (c) (5), such 11 be served by such organization) and which includes the max- 12 terms shall mean any individual who (1), irrespective of 12 imum participation of Indians in all phases of its activities. 13 whether he or she lives on or near a reservation, is a mem- 13 (f) "Urban Indian" means any individual who resides 14 ber of a tribe, band, or other organized group of Indians, 14 in an urban center, as defined in subsection (g) hereof, and 15 including those tribes, bands, or groups terminated since 15 who meets one or more of the four critèria in subsection (c) 16 1940 and those recognized now or in the future by the State 16 (1) through (4) of this section. 17 in which they reside, or who is a descendant, in the first or 17 (g) "Urban center" means any community which has 18 second degree, of any such member, or (2) is an Eskimo or 18 a sufficient urban Indian population with unmet health needs 19 Aleut or other Alaska Native, or (3) is considered by the 19 to warrant assistance under title V, as determined by the 20 Secretary of the Interior to be an Indian for any purpose, 20 Secretary. 21 or (4) is determined to be an Indian under regulations 21 (h) "Urban Indian organization" means a nonprofit 22 promulgated by the Secretary. 22 corporate body situated in an urban center, composed of 23 (d) "Indian tribe" means any Indian tribe, band, na- 23 urban Indians, and providing for the maximum participation 24 tion, or other organized group or community, including any 24 of all interested Indian groups and individuals, which body is 8 9 1 capable of legally cooperating with other public and private 1 (2) publicizing existing sources of financial aid 2 entities for the purpose of performing the activities described 2 available to Indians enrolled in any school referred to 3 in section 503 (a) 3 in clause (1) (A) of this subsection or who are under- 4 TITLE I-INDIAN HEALTH MANPOWER 4 taking training necessary to qualify them to enroll in 5 PURPOSE 5 any such school; or 6 SEC. 101. The purpose of this title is to augment the 6 (3) establishing other programs which the Secre- 7 inadequate number of health professionals serving Indians 7 tary determines will enhance and facilitate the enroll- 8 and remove the multiple barriers to the entrance of health 8 ment of Indians, and the subsequent pursuit and comple- 9 professionals into the Service and private practice among 9 tion by them of courses of study, in any school referred 10 Indians. 10 to in clause (1) (A) of this subsection. 11 HEALTH PROFESSIONS RECRUITMENT PROGRAM FOR 11 (b) (1) No grant may be made under this section unless 12 INDIANS 12 an application therefor has been submitted to, and approved 13 SEC. 102. (a) The Secretary, acting through the Serv- 13 by, the Secretary. Such application shall be in such form, 14 ice, shall make grants to public or nonprofit private health or 14 submitted in such manner, and contain such information, as 15 educational entities or Indian tribes or tribal organizations 15 the Secretary shall by regulation prescribe. 16 to assist such entities in meeting the costs of- 16 (2) The amount of any grant under this section shall be 17 (1) identifying Indians with a potential for educa- 17 determined by the Secretary. Payments pursuant to grants 18 tion or training in the health professions and encouraging 18 under this section may be made in advance or by way of 19 and assisting them (A) to enroll in schools of medicine, 19 reimbursement, and at such intervals and on such conditions, 20 osteopathy, dentistry, veterinary medicine, optometry, 20 as the Secretary finds necessary. 21 podiatry, pharmacy, public health, nursing, or allied 21 (c) For the purpose of making payments pursuant 22 health professions; or (B), if they are not qualified to FORD LIBRAFE 22 grants under this section, there are authorized to be appro- 23 enroll in any such school, to undertake such postsecond- 23 priated $1,500,000 for fiscal year 1977, $2,500,000 for 24 ary education or training as may be required to qualify 24 fiscal year 1978, $3,000,000 for fiscal year 1979, $4,000- 25 them for enrollment; 25 000 for fiscal year 1980, $4,500,000 for fiscal year 1981, S. 522-2 10 11 $5,000,000 for fiscal year 1982, and $4,500,000 for fiscal 1 year 1981, $4,500,000 for fiscal year 1982, and $4,500,000 2 year, 1983 2 for fiscal year 1983. 8 3 HEALTH PROFESSIONS PREPARATORY SCHOLARSHIP 3 HEALTH PROFESSIONS SCHOLARSHIP PROGRAM 4 PROGRAM FOR INDIANS 4 SEC. 104. (a) The Secretary acting through the Serv- 5 SEC. 103. (a) The Secretary, acting through the Serv- 5 ice, shall make scholarship grants to individuals (i) who are 6 ice, shall make scholarship grants to Indians who- 6 enrolled in schools of medicine, osteopathy, dentistry, veteri- 7. (1) have successfully completed their high school 7 nary medicine, optometry, podiatry, pharmacy, public health, 8 education or high school equivalency; and 8 nursing, or allied health professions (including schools cêr- 9 (2) have demonstrated the capability to success- 9 tified by the Secretary as capable of training individuals In 10 fully complete courses of study in schools of medicine, 10 Indian traditional medicine), and (ii) who agree to provide 11 osteopathy, dentistry, veterinary medicine, optometry, 11 their professional services to Indians after the completion of 12 podiatry, pharmacy public health, nursing, or allied 12 their professional training. ST 13 health professions: 13 (b) (1) The Secretary, acting through the Service, (i) 14 (b) Each scholarship grant, made under this section 14 shall accord priority for scholarship grants under this section 15 shall be for a period not to exceed two academic years, which 15 to applicants who are Indians, and (ii) may determine dis- 16 years shall be the final two years of the preprofessional 16 tribution of scholarship grants on the basis of the relative 17 education of any grantee, 17 needs of Indians for additional service in specific health 18 (c) Scholarship grants made under this section may 18 professions. 19 cover costs of tuition, books, transportation, board, and other 19 (2) Each scholarship grant under this section shall (i) 20 necessary related expenses. 20 fully cover the costs of tuition, and (ii) when taken together 21 (d) There are authorized to be appropriated for the 21 with the financial resourcés of the grantee, fully cover the 22 purpose of this section: $2,000,000 for fiscal year 1977, 22 costs of books, transportation, board, and other neqessary 23 $2,500,000 for fiscal year 1978, $3,000,000 for fiscal year 23 related expenses: Provided, That the amount of grant funds 24 1979, $3,500,000 for fiscal year 1980, $4,000,000 for fiscal 24 available annually to each grantee under clause (ii) shall 13 12 1 1 not exceed $8,000, except where the scholarship grant is (3) (A) A service obligation of any individual pursuant 2 extended to cover the period between academic years pur- 2 to this section shall be canceled upon the death of such 3 individual. 3 suant to paragraph (3) of this subsection. 4 4 (3) Scholarship grants under this section shall be made (B) The Secretary shall by regulation provide for the 5 with respect to academic years, except that any such grant 5 waiver or suspension of a service obligation of any individual 6 may be extended and increased for the period between aca- 6 whenever compliance by such individual is impossible or 7 demic years if the grantee is engaged in clinical or other 7 would involve extreme hardship to such individual and if 8 practical experience related to his or her course of study and 8 enforcement of such obligation with respect to any individual 9 if further grant assistance during such period is required by 9 would be against equity and good conscience. 10 10 the grantee because of his or her financial need. (d) Individuals receiving scholarship grants under this 11 (c) (1) As a condition for any scholarship grants under 11 section shall not be counted against any employment ceiling 12 this section, each grantee shall be obligated to provide pro- 12 affecting the Service or the Department of Health, Educa- 13 fessional service to Indians for a period of years equal to 13 tion, and Welfare. 14 14 the number of years during which he or she receives such (e) There are authorized to be appropriated for the 15 15 purpose of this section: $6,000,000 for fiscal year 1977, grants. 16 (2) For the purpose of clause (1) of this subsection, 16 $7,500,000 for fiscal year 1978, $9,000,000 for fiscal year 17 17 1979, $12,500,000 for fiscal year 1980, $19,000,000 for "professional service to Indians" shall mean employment in 18 the Service or in private practice where, in the judgment of 18 fiscal year 1981, $26,000,000 for fiscal year 1982, $30,- 19 the Secretary in accordance with guidelines promulgated by 19 000,000 for fiscal year 1983, and, for each succeeding fiscal 20 him, such practice is situated in a physician or other health 20 year, such sums as may be necessary to continue to make 21 21 scholarship grants under this section to individuals who have professional shortage area and addresses the health care needs 22 of a substantial number of Indians. Periods of internship or 22 received such grants prior to the end of fiscal year 1983 and 23 residency, except residency served in a facility of the Serv- 23 who are eligible for such grants during each such succeeding 24 24 fiscal year. ice, shall not constitute fulfillment of this service obligation. 14 15 1 INDIAN HEALTH SERVICE EXTERN PROGRAMS 1 against any employment ceiling affecting the Service or the 2 SEC. 105. (a) Any individual who receives a scholar- 2 Department of Health, Education, and Welfare. 0700 3 ship grant pursuant to section 104 shall be entitled to employs 3 (d) There are authorized to be appropriated for the pur- 4 ment in the Service during any nonacademic period of the 4 pose of this section: $800,000 for fiscal year 1977, $1,200,- 5 year. Periods of employment pursuant to this subsection shall 5 000 for fiscal year 1978, $1,600,000 for fiscal year 1979, 6 not be counted in determining the fulfillment of the service 6 $2,200,000 for fiscal year 1980, $2,800,000 for fiscal year 7 obligation incurred as a condition of the scholarship grant. 7 1981, $3,200,000 for fiscal year 1982, and $3,550,000 for 8 (b) Any individual enrolled in a school of medicine, os- 8 fiscal year 1983 9 teopathy, dentistry, veterinary medicine, optometry, podia- 9 EDUCATIONAL AND TRAINING PROGRAMS IN ENVI- 10 try, pharmacy, public health, nursing, or allied health 10 RONMENTAL HEALTH, HEALTH EDUCATION, AND 11 professions (including schools certified by the Secretary as ca- 11 NUTRITION 12 pable of training individuals in Indian traditional medicine) 12 SEC. 106. (a) The Secretary, acting through the Serv 13 may be employed by the Service during, any nonacademic 13 ice, shall make grants to individuals, nonprofit édtities, ap 14 period of the year. Any such employment shall not exceed 14 propriate public or private agencies, educational institutions 15 one hundred and twenty days during any calendar year. 15 or Indian tribes and tribal organizations to enable the re- 16 (e) Any employment pursuant to this section shall be 16 cipients of such grants to establish and carry lout, programs 17 made without regard to any competitive personnel system 17 to train individuals SO as to enable them to provided their 18 or agency personnel limitation and to a position which will 18 services to Indians in the following areas: 000,0008 80 19 enable the individual SO employed to receive practical expe- 19 (1) environmental Health, including proper waste 20 rience in the health profession in which he or she is engaged 20 disposal, reduced pesticide inhalation, proper. sanitation. 21 in study. Any, individual so employed shall receive payment 21 and vector control; 22 for his or her services comparable to the salary he or she 22 (2) health education, including advising and train 23 would receive if he or she were employed in the competitive 23 ing Indians with respect to personal hygiene, the essens 24 system. Any individual SO employed shall not be counted 24 tials of first aid, the care of critically ill in the home and US 16 17 1 entitlements of Indians to, and the availability of, health 1 icant portion of the Indian people resides, the Secretary, act- 2 care services and assistance; providing adequate health 2 ing through the Service, may provide allowances to health 3 information to schools; and establishing health courses in 3 professionals employed in the Service to enable them for a 4 secondary schools encouraging entry by Indians into 4 period of time each year prescribed by regulation of the Sec- 5 health-related professions; and 5 retary to take leave of their duty stations for professional 6 (3) nutrition, including advising and training In- 6 consultation and refresher training courses. 7 dians with respect to child nutrition, availability of nutri- 7 (b) There are authorized to be appropriated for the 8 tion programs (such as hot school lunch programs), 8 purpose of this section: $100,000 for fiscal year 1977, 9 nutrition in prenatal care, and nutrition education for 9 $200,000 for fiscal year 1978, $250,000 for fiscal year 1979, 10 the total population, particularly for those found to have 10 $300,000 for fiscal year 1980, $350,000 for fiscal year 11 or to be susceptible to, diabetes, hypertension, and heart 11 1981, $350,000 for fiscal year 1982, and $325,000 for fiscal 12 disease. 12 year 1983. 13 (b) Grants pursuant to this section shall be made in 13 TITLE II-HEALTH SERVICES 14 such manner and in such amounts and subject to such condi- 14 HEALTH SERVICES 15 tions as the Secretary shall by regulation prescribe. 15 SEC. 201. (a) For the purpose of eliminating backlogs 16 (c) There are authorized to be appropriated to carry out 16 in Indian health care services and to supply known, unmet 17 the provisions of this section: $500,000 for fiscal year 1977, 17 medical, surgical, dental, and other Indian health needs, the 18 $600,000 for fiscal year 1978, $700,000 for fiscal year 18 Secretary is authorized to expend $491,975,000 through the 19 1979, $800,000 for fiscal year 1980, $900,000 for fiscal 19 Service, over a seven-fiscal-year period in accordance with 20 year 1981, $900,000 for fiscal year 1982, and $600,000 for 20 the schedule provided in subsection (c) Funds appropriated 21 fiscal year 1983. 21 pursuant to this section each fiscal year shall not be used to 22 22 offset or limit the appropriations required by the Service to FORD LIBRARD CONTINUING EDUCATION ALLOWANCES 23 SEC. 107. (a) In order to encourage physicians and 23 continue to serve the health needs of Indians during and 24 other health professionals to join the Service and to provide 24 subsequent to such seven-fiscal-year period, but shall be in 25 their services in the rural and remote areas where a signif- 25 addition to the level of appropriations provided to the Service S. 522-3 18 19 1 in fiscal year 1976 required to continue the programs of the 1 five positions for fiscal year 1982, and $58,000,000 and 2 Service thereafter. 2 four hundred and fifty positions for fiscal year 1983. 3 (b) The Secretary, acting through the Service, is au- 3 (2) Field health, excluding dental care (direct and 4 thorized to employ persons to implement the provisions of 4 indirect) : $3,000,000 and ninety positions for fiscal year 5 this section during the seven-fiscal-year period in accordance 5 1977, $6,000,000 and ninety positions for fiscal year 6 with the schedule provided in subsection (c). Such positions 6 1978, $9,000,000 and ninety positions for fiscal year 7 authorized each fiscal year pursuant to this section shall not 7 1979, $13,000,000 and one hundred and twenty posi- 8 be considered as offsetting or limiting the personnel required 8 tions for fiscal year 1980, $18,000,000 and one hundred 9 by the Service to serve the health needs of Indians during 9 and fifty positions for fiscal year 1981, $23,000,000 and 10 and subsequent to such seven-fiscal-year period but shall be 10 one hundred and fifty positions for fiscal year 1982, 11 in addition to the positions authorized in the previous fiscal 11 and $28,500,000 and one hundred and sixty-five posi- 12 year and to the annual personnel levels required to continue 12 tions for fiscal year 1983. 13 the programs of the Service. 13 (3) Dental care (direct and indirect) : $800,000 14 (c) The following amounts and positions are authorized, 14 and eighty positions for fiscal year 1977, $1,500,000 15 in accordance with the provisions of subsections (a) and 15 and seventy positions for fiscal year 1978, $2,000,000 16 (b), for the specific purposes noted: 16 and fifty positions for fiscal year 1979, $2,500,000 and 17 (1) Patient care (direct and indirect) : $4,000,000 17 fifty positions for fiscal year 1980, $2,900,000 and forty 18 and one hundred and fifty positions for fiscal year 1977, 18 positions for fiscal year 1981, $3,200,000 and thirty 19 $10,000,000 and two hundred and twenty-five positions 19 positions for fiscal year 1982, and $3,500,000 and 20 for fiscal year 1978, $18,000,000 and three hundred 20 twenty-five positions for fiscal year 1983. 21 positions for fiscal year 1979, $26,500,000 and three 21 (4) Mental health: (A) Community mental health 22 hundred and twenty positions for fiscal year 1980, $36,- 22 services: $900,000 and forty positions for fiscal year 23 000,000 and three hundred and sixty positions for fiscal 23 1977, $1,700,000 and thirty positions for fiscal year 24 year 1981, $46,000,000, and three hundred and seventy- 24 1978, $2,400,000 and thirty positions for fiscal year 20 21 1 1979, $3,000,000 and twenty-five positions for fiscal 1 for fiscal year 1982, and $800,000 and five positions for 2 year 1980, $3,500,000 and twenty positions for fiscal 2 fiscal year 1983. 3 year 1981, $3,800,000 and ten positions for fiscal year 3 (E) Training of traditional Indian practitioners in 4 1982, and $4,100,000 and fifteen positions for fiscal 4 mental health: $75,000 for fiscal year 1977, $150,000 5 year 1983. 5 for fiscal year 1978, $200,000 for fiscal year 1979, 6 (B) Inpatient mental health services: $200,000 6 $250,000 for fiscal year 1980, $300,000 for fiscal year 7 and fifteen positions for fiscal year 1977, $400,000 7 1981, $300,000 for fiscal year 1982, and $300,000 for 8 and fifteen positions for fiscal year 1978, $600,000 and 8 fiscal year 1983. 9 fifteen positions for fiscal year 1979, $800,000 and 9 (5) Treatment and control of alcoholism among 10 fifteen positions for fiscal year 1980, $1,000,000 and 10 Indians: $8,000,000 for fiscal year 1977, $10,500,000 11 fifteen positions for fiscal year 1981, $1,300,000 and 11 for fiscal year 1978, $13,000,000 for fiscal year 1979, 12 twenty positions for fiscal year 1982, and $1,600,000 12 $15,000,000 for fiscal year 1980, $17,000,000 for fiscal 13 and twenty-five positions for fiscal year 1983. 13 year 1981, $18,500,000 for fiscal year 1982, and 14 (C) Model dormitory mental health services: $625,- 14 $20,000,000 for fiscal year 1983. 15 000 and fifty positions for fiscal year 1977, $1,250,000 15 (6) Provision of health care personnel in primary 16 and fifty positions for fiscal year 1978, $1,875,000 and 16 and secondary Bureau of Indian Affairs schools: 17 fifty positions for fiscal year 1979, and $2,500,000 and 17 $600,000 and thirty-three positions for fiscal year 1977, 18 fifty positions for fiscal year 1980. 18 $1,000,000 and twenty-two positions for fiscal year 19 (D) Therapeutic and residential treatment centers: 19 1978, $1,300,000 and sixteen positions for fiscal year 20 $150,000 and ten positions for fiscal year 1977, $300,- 20 1979, $1,700,000 and twenty-two positions for fiscal 21 000 and ten positions for fiscal year 1978, $400,000 and 21 year 1980, $2,500,000 and forty-four positions for fiscal 22 five positions for fiscal year 1979, $500,000, and five 22 year 1981, $3,900,000 and seventy-six positions for 23 positions for fiscal year 1980, $600,000 and ten posi- 23 fiscal year 1982, and $6,000,0000 and one hundred and 24 tions for fiscal year 1981, $700,000 and five positions 24 fifteen positions for fiscal year 1983. 22 23 1 (7) Maintenance and repair (direct and indirect) : 1 652,000 for fiscal year 1981, $29,675,000 for fiscal 2 $3,000,000 and twenty positions for fiscal year 1977, 2 year 1982, and $33,779,000 for fiscal year 1983. 3 $3,000,000 and twenty positions for fiscal year 1978, 3 (2) Health centers and health stations: $6,960,000 4 $4,000,000 and thirty positions for fiscal year 1979, 4 for fiscal year 1977, $6,226,000 for fiscal year 1978, 5 $4,000,000 and thirty positions for fiscal year 1980, 5 $3,720,000 for fiscal year 1979, $4,440,000 for fiscal 6 $4,000,000 and thirty positions for fiscal year 1981, 6 year 1980, $2,335,000 for fiscal year 1981, $1,760,000 7 $2,000,000 and fifteen positions for fiscal year 1982, 7 for fiscal year 1982, and $2,360,000 for fiscal year 1983. 8 and $1,000,000 and five positions for fiscal year 1983. 8 (3) Staff housing: $2,484,000 for fiscal year 1977, 9 (d) The Secretary, acting through the Service, shall 9 $43,450,000 for fiscal year 1978, $8,231,000 for fiscal 10 expend directly or by contract not less than 1 per centum of 10 year 1979, $9,390,000 for fiscal year 1980, $20,140- 11 the funds appropriated under the authorizations in each of 11 000 for fiscal year 1981, $12,267,000 for fiscal year 12 the clauses (1) through (5) of subsection (c) for research 12 1982, and $13,704,000 for fiscal year 1983. 13 in each of the areas of Indian health care for which such 13 (4) Health facilities for primary and secondary 14 funds are authorized to be appropriated. 14 Bureau of Indian Affairs schools: $1,500,000 for fiscal 15 TITLE III-HEALTH FACILITIES 15 year 1977, $1,000,000 for fiscal year 1978, $1,000,000 16 CONSTRUCTION AND RENOVATION OF SERVICE FACILITIES 16 for fiscal year 1979, $1,000,000 for fiscal year 1980, 17 17 SEC. 301. (a) For the purpose of eliminating inade- $1,000,000 for fiscal year 1981, $1,000,000 for fiscal 18 quate, outdated, and otherwise unsatisfactory Service hos- 18 year 1982, and $1,000,000 for fiscal year 1983. 19 pitals, health centers, health stations, and other Service 19 (b) The Secretary, acting through the Service, is au- 20 facilities, the Secretary, acting through the Service, is au- 20 thorized to equip and staff such Service facilities at levels 21 thorized to expend $528,637,000 over a seven-fiscal-year 21 commensurate with their operation at optimum levels of 22 period in accordance with the following schedule: 22 effectiveness. 23 (1) Hospitals: $123,880,000 for fiscal year 1977, 23 (c) Prior to the expenditure of, or the making of any 24 $55,171,000 for fiscal year 1978, $24,703,000 for fiscal 24 firm commitment to expend, any funds authorized in subsec- 25 year 1979, $70,810,000 for fiscal year 1980, $45,- 25 tion (a), the Secretary, acting through the Service, shall- 24 25 1 (1) consult with any Indian tribe to be significantly 1 (c) The Secretary is authorized and directed to develop 2 affected by any such expenditure for the purpose of deter- 2 a plan, together with the Secretaries of the Interior and of 3 mining and, wherever practicable, honoring tribal prefer- 3 Housing and Urban Development and upon consultation 4 ences concerning the size, location, type, and other char- 4 with Indian tribes, to assure that the schedule provided for 5 acteristics of any facility on which such expenditure is to 5 in subsection (b) will be met. Such plan shall be submitted 6 be made; and 6 to the Congress no later than ninety days from the date of 7 (2) be assured that, wherever practicable, such 7 enactment of this Act. 8 facility, not later than five years after its construction or 8 PREFERENCE TO INDIANS AND INDIAN FIRMS 9 renovation, shall meet the standards of the Joint Com- 9 SEC. 303. (a) The Secretary, acting through the Serv- 10 mission on Accreditation of Hospitals. 10 ice, may utilize the negotiating authority of the Act of June 11 CONSTRUCTION OF SAFE WATER AND SANITARY WASTE 11 25, 1910 (36 Stat. 861), to give preference to any Indian 12 DISPOSAL FACILITIES 12 or any enterprise, partnership, corporation, or other type 13 SEC. 302. (a) The Secretary is authorized to expend, 13 of business organization owned and controlled by an Indian 14 pursuant to the Act of July 31, 1959 (73 Stat. 267), $378,- 14 or Indians (hereinafter referred to as an "Indian firm") 15 000,000 within a seven-fiscal-year period following the en- 15 in the construction and renovation of Service facilities pur- 16 actment of this Act, in accordance with the schedule provided 16 suant to section 301 and in the construction of safe water 17 in subsection (b), to supply unmet needs for safe water and 17 and sanitary waste disposal facilities pursuant to section 302. 18 sanitary waste disposal facilities in existing and new Indian 18 Such preference may be accorded by the Secretary unless he 19 homes and communities. 19 finds, pursuant to rules and regulations promulgated by him, 20 (b) To effect the purpose of subsection (a), there are 20 that the project or function to be contracted for will not be 21 authorized to be appropriated: $60,000,000 for fiscal year 21 satisfactory or such project or function cannot be properly 22 1977, $60,000,000 for fiscal year 1978, $60,000,000 for 22 completed or maintained under the proposed contract. The 23 fiscal year 1979, $60,000,000 for fiscal year 1980, $60,- 23 Secretary, in arriving at his finding, shall consider whether 24 000,000 for fiscal year 1981, $52,000,000 for fiscal year 24 the Indian or Indian firm will be deficient with respect to 25 1982, and $26,000,000 for fiscal year 1983. 25 (1) ownership and control by Indians, (2) equipment, (3) 26 27 1 bookkeeping and accounting procedures, (4) substantive 1 hospitals and skilled nursing facilities eligible for reimburse- 2 knowledge of the project or function to be contracted for, 2 ment under title XVIII of the Social Security Act, as 3 (5) adequately trained personnel, or (6) other necessary 3 amended, or, in the case of any facility existing at the time 4 components of contract performance. 4 of enactment of this Act, that the Service has provided an 5 (b) For the purpose of implementing the provisions 5 acceptable written plan for bringing the facility into full 6 of this title, the Secretary shall assure that the rates of 6 compliance with such standards within two years from the 7 pay for personnel engaged in the construction or renovation 7 date of acceptance of the plan by the Secretary. The Service 8 of facilities constructed or renovated in whole or in part 8 facilities shall not be required to be licensed by any State or 9 by funds made available pursuant to this title are not less 9 locality in which they are located: Provided, however, That 10 than the prevailing local wage rates for similar work as 10 the Secretary shall include in his certifications appropriate 11 determined in accordance with the Act of March 3, 1921 11 assurances that such facilities will meet standards equivalent 12 (46 Stat. 1491), as amended. 12 to licensure requirements. 13 TITLE IV-ACCESS TO HEALTH SERVICES 13 (c) Any payments received for services provided to 14 SERVICES PROVIDED TO MEDICARE ELIGIBLE INDIANS beneficiaries hereunder shall not be considered in deter- 14 15 SEC. 401. (a) Notwithstanding any other provision of 15 mining appropriations for health care and services to Indians. 16 law, for purpose of title XVIII of the Social Sécurity Act, 16 (d) Nothing herein authorizes the Secretary to provide 17 as amended, a Service facility (including a hospital or skilled services to an Indian beneficiary with coverage under title 17 18 nursing facility), whether operated by the Service or by XVIII of the Social Security Act, as amended, in preference 18 19 any Indian tribe or tribal organization, shall hereby be to an Indian beneficiary without such coverage. 19 20 deemed to be a facility eligible for reimbursement under said SERVICES PROVIDED TO MEDICAID ELIGIBLE INDIANS 20 21 title XVIII: Provided, That the requirements of subsection SEC. 402. (a) Notwithstanding any other provision of 21 22 (b) are met. law, for the purpose of title XIX of the Social Security Act, 22 23 (b) Prior to the provision of any care or service for as amended, a Service facility (including a hospital, skilled 23 24 which reimbursement may be made, the Secretary shall cer- 24 nursing facility, or intermediate care facility), whether 25 tify that the facility meets the standards applicable to other 25 operated by the Service or by an Indian tribe or tribal 28 29 1 organization, shall hereby be deemed to be a facility eligible 1 appropriations for the provision of health care and services 2 for reimbursement under said title XIX Provided, That the 2 to Indians. 3 requirements of subsection (c) are met. 3 (e) Notwithstanding any other provision of law, with 4 (b) The Secretary is authorized to enter into agree- 4 respect to amounts expended during any quarter as medical 5 ments with the appropriate State agency for the purpose of 5 assistance under title XIX of the Social Security Act, as 6 reimbursing such agency for health care and services pro- 6 amended, for services which are included in the State plan 7 vided in Service facilities to Indians who are beneficiaries 7 and are received through a Service facility, whether operated 8 under title XIX of the Social Security Act, as amended. 8 by the Service or by an Indian tribe or tribal organization, 9 (c) Prior to the provision of any care or service for 9 to individuals who are (i) eligible under the plan of the 10 which reimbursement may be made, the Secretary shall cer- 10 State under said title XIX and (ii) eligible for comprehen- 11 tify that the facility meets the standards applicable to other 11 sive health services under the Service program, the Federal 12 hospitals, skilled nursing facilities, and intermediate care 12 medical assistance percentage under said title XIX shall be 13 facilities eligible for reimbursement under title XIX of the 13 increased to 100 per centum. 14 Social Security Act, as amended, or, in the case of any 14 (f) Nothing in this section shall authorize the Secretary 15 facility existing at the time of enactment of this Act, that the 15 to provide services to an Indian beneficiary with coverage 16 Service has provided an acceptable written plan for bring- 16 under title XIX of the Social Security Act, as amended, in 17 ing the facility into full compliance with such standards 17 preference to an Indian beneficiary without such coverage. 18 within two years from the date of acceptance of the plan by 18 REPORT 19 the Secretary. The Service facilities shall not be required 19 SEC. 403. The Secretary shall include in his annual 20 to be licensed by any State or locality in which they are 20 report required by subsection (a) of section 601 an account- 21 located: Provided, however, That the Secretary shall include 21 ing on the amount and use of funds made available to the 22 in his certifications appropriate assurances that such facil- 22 Service pursuant to this title as a result of reimbursements 23 ities will meet standards equivalent to licensure requirements. 23 through title XVIII and XIX of the Social Security Act, 24 (d) Any payments received for services provided re- 24 as amended. 25 cipients hereunder shall not be considered in determining 30 31 1 TITLE V-HEALTH SERVICES FOR URBAN 1 (2) identify all public and private health service 2 INDIANS 2 resources within the urban center in which the organiza- 3 PURPOSE 3 tion is situated which are or may be available to urban 4 SEC. 501. The purpose of this title is to encourage the 4 Indians; 5 establishment of programs in urban areas to make health 5 (3) assist such resources in providing service to 6 services more accessible to the urban Indian population. 6 such urban Indians; 7 CONTRACTS WITH URBAN INDIAN ORGANIZATIONS 7 (4) assist such urban Indians in becoming familiar 8 SEC. 502. The Secretary, acting through the Service, 8 with and utilizing such resources; 9 shall enter into contracts with urban Indian organizations 9 (5) provide basic health education to such urban 10 to assist such organizations to establish and administer, in 10 Indians; 11 the urban centers in which such organizations are situated, 11 (6) establish and implement manpower training 12 programs which meet the requirements set forth in sections 12 programs to accomplish the referral and education tasks 13 503 and 504. 13 set forth in clauses (3) through (5) of this subsection; 14 CONTRACT ELIGIBILITY 14 (7) identify gaps between unmet health needs of 15 SEC. 503. (a) The Secretary, acting through the Serv- 15 urban Indians and the resources available to meet such 16 ice, shall place such conditions as he deems necessary to effect 16 needs; 17 the purpose of this title in any contract which he makes with 17 (8) make recommendations to the Secretary and 18 any urban Indian organization pursuant to this title. Such 18 Federal, State, local, and other resource agencies on 19 conditions shall include, but are not limited to, requirements 19 methods of improving health service programs to meet 20 that the organization successfully undertake the following 20 the needs of urban Indians; and 21 activities: 21 (9) where necessary, provide or contract for health 22 (1) determine the population of urban Indians 22 care services to urban Indians. 23 which are or could be recipients of health referral or 23 (b) The Secretary, acting through the Service, shall 24 care services; 24 by regulation prescribe the criteria for selecting urban Indian 33 32 1 organizations with which to contract pursuant to this title. 1 OTHER CONTRACT REQUIREMENTS 2 Such criteria shall, among other factors, take into consid- 2 SEC. 504. (a) Contracts with urban Indian organiza- 3 eration: 3 tions pursuant to this title shall be in accordance with all 4 Federal contracting laws and regulations except that, in the 4 (1) the extent of the unmet health care needs of 5 discretion of the Secretary, such contracts may be negotiated 5 urban Indians in the urban center involved; 6 without advertising and need not conform to the provisions 6 (2) the size of the urban Indian population which 7 7 of the Act of August 24, 1935 (48 Stat. 793), as amended. is to receive assistance; 8 8 (b) Payments under any contracts pursuant to this title (3) the relative accessibility which such popula- 9 may be made in advance or by way of reimbursement and in 9 tion has to health care services in such urban center; 10 such installments and on such conditions as the Secretary 10 (4) the extent, if any, to which the project would 11 11 deems necessary to carry out the purposes of this title. duplicate any previous or current public or private health 12 12 (c) Notwithstanding any provision of law to the con- services project funded by another source in such urban 13 trary, the Secretary may, at the request or consent of an 13 center; 14 14 urban Indian organization, revise or amend any contract (5) the appropriateness and likely effectiveness of 15 15 made by him with such organization pursuant to this title a project assisted pursuant to this title in such urban 16 16 as necessary to carry out the purposes of this title: Provided, center; 17 17 however, That, whenever an urban Indian organization re- (6) the existence of an urban Indian organization 18 18 quests retrocession of the Secretary for any contract entered capable of performing the activities set forth in subsec- 19 19 into pursuant to this title, such retrocession shall become tion (a) and of entering into a contract with the Secre- 20 20 effective upon a date specified by the Secretary not more tary pursuant to this title; and 21 21 than one hundred and twenty days from the date of the (7) the extent of existing or likely future participa- 22 22 request by the organization or at such later date as may be tion in such activities by appropriate health and health- 23 23 mutually agreed to by the Secretary and the organization. related Federal, State, local, and other resource agencies. 34 35 1 (d) Contracts with urban Indian organizations and reg- 1 REVIEW OF PROGRAM 2 ulations adopted pursuant to this title shall include provisions 2 SEC. 507. Within six months after the end of fiscal year 3 to assure the fair and uniform provision to urban Indians 3 1978, the Secretary, acting through the Service and with the 4 of services and assistance under such contracts by such 4 assistance of the urban Indian organizations which have 5 organizations. 5 entered into contracts pursuant to this title, shall review the 6 REPORTS AND RECORDS 6 program established under this title and submit to the Con- 7 SEC. 505. For each fiscal year during which an urban 7 gress his or her assessment thereof and recommendations for 8 Indian organization receives or expends funds pursuant to 8 any further legislative efforts he or she deems necessary to 9 a contract under this title, such organization shall submit to 9 meet the purpose of this title. 10 the Secretary a report including information gathered pur- 10 TITLE VI-MISCELLANEOUS 11 suant to section 503 (a) (7) and (8) information on activi- 11 REPORTS 12 ties conducted by the organization pursuant to the contract, 12 SEC. 601. (a) The Secretary shall report annually to 13 an accounting of the amounts and purposes for which Fed- 13 the President and the Congress on progress made in effecting 14 eral funds were expended, and such other information as the 14 the purposes of this Act. Within three months after the end 15 Secretary may request. The reports and records of the urban 15 of fiscal year 1979, the Secretary shall review expenditures 16 Indian organization with respect to such contract shall be 16 and levels of authorizations under this Act and make recom- 17 subject to audit by the Secretary and the Comptroller General 17 mendations to Congress concerning any increases or de- 18 of the United States. 18 creases in the authorizations for fiscal years 1981 through 19 AUTHORIZATIONS 19 1983 under this Act which he deems appropriate. Within 20 SEC. 506. There are authorized to be appropriated for 20 three months after the end of fiscal year 1982, the Secretary 21 the purpose of this title: $5,000,000 for fiscal year 1977, 21 shall review the programs established or assisted pursuant to 22 $10,000,000 for fiscal year 1978, and $15,000,000 for fiscal 22 this Act and shall submit to the Congress his assessment 23 year 1979. 23 thereof and recommendations of additional programs or 36 37 1 additional assistance necessary to, at a minimum, provide 1 (b) The Secretary is authorized to revise and amend 2 health services to Indians, and insure a health status for 2 any rules or regulations promulgated pursuant to this Act: 3 Indians, which are at a parity with the health services avail- 3 Provided, That, prior to any revision of or amendment to 4 able to, and the health status of, the general population. 4 such rules or regulations, the Secretary shall, to the extent 5 (b) There is hereby authorized to be appropriated to 5 practicable, consult with appropriate national or regional 6 the Secretary $150,000 to support a one-year study by the 6 Indian organizations and shall publish any proposed revision 7 National Indian Health Board of mental health problems, 7 or amendment in the Federal Register not less than sixty days 8 including alcoholism and related problems, among Indians. 8 prior to the effective date of such revision or amendment in 9 The study, together with any recommendations the Board 9 order to provide adequate notice to, and receive comments 10 may have for legislative or administrative actions to remedy 10 from, other interested parties. 11 such problems, shall be submitted to the Congress by the 11 LEASES WITH INDIAN TRIBES 12 Secretary no later than thirty days after the study's com- 12 SEC. 603. Notwithstanding any other provision of law, 13 pletion. 13 the Secretary is authorized, in carrying out the purposes 14 REGULATIONS 14 of this Act, to enter into leases with Indian tribes for periods 15 SEC. 602. (a) (1) Within three months from the date 15 not in excess of twenty years. 16 of enactment of this Act, the Secretary shall, to the extent 16 AVAILIBILITY OF FUNDS 17 practicable, consult with national and regional Indian orga- 17 SEC. 604. The funds appropriated pursuant to this Act 18 nizations to consider and formulate appropriate rules and 18 shall remain available until expended. 19 regulations to implement the provisions of this Act. Passed the Senate May 16 (legislative day, April 21), 20 (2) Within four months from the date of enactment of 1975. 21 this Act, the Secretary shall publish proposed rules and regu- Attest: FRANCIS R. VALEO, Secretary. 22 lations in the Federal Register for the purpose of receiving 23 comments from interested parties. 24 (3) Within six months from the date of enactment of 25 this Act, the Secretary shall promulgate rules and regulations 26 to implement the provisions of this Act. 94TH CONGRESS 1ST SESSION S. 522 AN ACT To implement the Federal responsibility for the care and education of the Indian people by improving the services and facilities of Fed- eral Indian health programs and encourag- ing maximum participation of Indians in such programs, and for other purposes. MAY 22, 1975 Referred to the Committee on Interior and Insular Affairs