[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 151 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 151

To elevate the position of Director of the Indian Health Service within 
the Department of Health and Human Services to Assistant Secretary for 
                 Indian Health, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2003

Mr. Nethercutt (for himself, Mr. Hayworth, Ms. DeGette, and Mr. Kildee) 
 introduced the following bill; which was referred to the Committee on 
Resources, and in addition to the Committee on Energy and Commerce, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To elevate the position of Director of the Indian Health Service within 
the Department of Health and Human Services to Assistant Secretary for 
                 Indian Health, and for other purposes.

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

SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN HEALTH.

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