[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 558 Reported in Senate (RS)]
Calendar No. 144
108th CONGRESS
1st Session
S. 558
[Report No. 108-76]
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 SENATE OF THE UNITED STATES
March 6, 2003
Mr. McCain (for himself, Mr. Bingaman, Mr. Campbell, Mrs. Murray, Mr.
Johnson, Mr. Domenici, Mr. Inouye, and Mr. Conrad) introduced the
following bill; which was read twice and referred to the Committee on
Indian Affairs
June 18, 2003
Reported by Mr. Campbell, without amendment
_______________________________________________________________________
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) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary for Indian Health appointed under
subsection (b)(2)(A).
(2) Department.--The term ``Department'' means the
Department of Health and Human Services.
(3) Office.--The term ``Office'' means the Office of the
Assistant Secretary for Indian Health established by subsection
(b)(1).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Establishment.--
(1) In general.--There is established within the Department
the Office of the Assistant Secretary for Indian Health.
(2) Assistant secretary.--
(A) In general.--Except as provided in subparagraph
(B), the Office shall be headed by an Assistant
Secretary for Indian Health, to be appointed by the
President, by and with the advice and consent of the
Senate.
(B) Continued service by incumbent.--The individual
serving in the position of Director of the Indian
Health Service on the day before the date of enactment
of this Act may serve as Assistant Secretary at the
pleasure of the President after the date of enactment
of this Act.
(3) Duties.--The position of Assistant Secretary is
established to, in a manner consistent with the government-to-
government relationship between the United States and Indian
tribes--
(A) facilitate advocacy for the development of
appropriate Indian health policy; and
(B) promote consultation on matters relating to
Indian health.
(c) Assistant Secretary for Indian Health.--In addition to the
functions performed as of the date of enactment of this Act by the
Director of the Indian Health Service, the Assistant Secretary 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
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 concerning matters of Indian health with respect to
which those heads have authority and responsibility;
(5) coordinate the activities of the Department concerning
matters of Indian health; and
(6) perform such other functions as the Secretary may
designate.
(d) Rate of Pay.--
(1) Positions at level iv.--Section 5315 of title 5, United
States Code, is amended by striking ``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 title 5, United
States Code, is amended by striking ``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
by striking the section heading and all that follows through subsection
(a) and inserting the following:
``SEC. 601. ESTABLISHMENT OF THE INDIAN HEALTH SERVICE AS AN AGENCY OF
THE PUBLIC HEALTH SERVICE.
``(a) Establishment.--
``(1) In general.--In order to more effectively and
efficiently carry out the responsibilities, authorities, and
functions of the United States to provide health care services
to Indians and Indian tribes, there is established within the
Public Health Service of the Department of Health and Human
Services the Indian Health Service.
``(2) Administration.--The Indian Health Service shall be
administered by the Assistant Secretary for Indian Health.
``(3) Duties.--In carrying out paragraph (2), the Assistant
Secretary 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;
``(E) coordinate the activities of the Department
of Health and Human Services concerning matters of
Indian health; and
``(F) perform such other functions as the Secretary
may designate.''.
(f) Conforming Amendments.--
(1) Amendments to indian health care improvement act.--The
Indian Health Care Improvement Act is amended--
(A) in section 601 (25 U.S.C. 1661)--
(i) in subsection (c), by striking
``Director of the Indian Health Service'' each
place it appears and inserting ``Assistant
Secretary for Indian Health''; and
(ii) in subsection (d)(1), by striking
``Director of the Indian Health Service'' and
inserting ``Assistant Secretary for Indian
Health''; and
(B) in section 816(c)(1) (25 U.S.C. 1680f(c)(1)),
by striking ``Director of the Indian Health Service''
and inserting ``Assistant Secretary for Indian
Health''.
(2) Amendments to other provisions of law.--
(A) Section 3307(b)(1)(C) of the Children's Health
Act of 2000 (25 U.S.C. 1671 note; Public Law 106-310)
is amended by striking ``Director of the Indian Health
Service'' and inserting ``Assistant Secretary for
Indian Health''.
(B) The Indian Lands Open Dump Cleanup Act of 1994
is amended--
(i) in section 3 (25 U.S.C. 3902)--
(I) by striking paragraph (2);
(II) by redesignating paragraphs
(1), (3), (4), (5), and (6) as
paragraphs (4), (5), (2), (6), and (1),
respectively, and moving those
paragraphs so as to appear in numerical
order; and
(III) by inserting before paragraph
(4) (as redesignated by subclause (II))
the following:
``(3) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary for Indian Health.'';
(ii) in section 5 (25 U.S.C. 3904), by
striking the section heading and inserting the
following:
``SEC. 5. AUTHORITY OF ASSISTANT SECRETARY FOR INDIAN HEALTH.'';
(iii) in section 6(a) (25 U.S.C. 3905(a)),
in the subsection heading, by striking
``Director'' and inserting ``Assistant
Secretary'';
(iv) in section 9(a) (25 U.S.C. 3908(a)),
in the subsection heading, by striking
``Director'' and inserting ``Assistant
Secretary''; and
(v) by striking ``Director'' each place it
appears and inserting ``Assistant Secretary''.
(C) Section 5504(d)(2) of the Augustus F. Hawkins-
Robert T. Stafford Elementary and Secondary School
Improvement Amendments of 1988 (25 U.S.C. 2001 note;
Public Law 100-297) is amended by striking ``Director
of the Indian Health Service'' and inserting
``Assistant Secretary for Indian Health''.
(D) Section 203(a)(1) of the Rehabilitation Act of
1973 (29 U.S.C. 763(a)(1)) is amended by striking
``Director of the Indian Health Service'' and inserting
``Assistant Secretary for Indian Health''.
(E) Subsections (b) and (e) of section 518 of the
Federal Water Pollution Control Act (33 U.S.C. 1377)
are amended by striking ``Director of the Indian Health
Service'' each place it appears and inserting
``Assistant Secretary for Indian Health''.
(F) Section 317M(b) of the Public Health Service
Act (42 U.S.C. 247b-14(b)) is amended--
(i) by striking ``Director of the Indian
Health Service'' each place it appears and
inserting ``Assistant Secretary for Indian
Health''; and
(ii) in paragraph (2)(A), by striking ``the
Directors referred to in such paragraph'' and
inserting ``the Director of the Centers for
Disease Control and Prevention and the
Assistant Secretary for Indian Health''.
(G) Section 417C(b) of the Public Health Service
Act (42 U.S.C. 285-9(b)) is amended by striking
``Director of the Indian Health Service'' and inserting
``Assistant Secretary for Indian Health''.
(H) Section 1452(i) of the Safe Drinking Water Act
(42 U.S.C. 300j-12(i)) is amended by striking
``Director of the Indian Health Service'' each place it
appears and inserting ``Assistant Secretary for Indian
Health''.
(I) Section 803B(d)(1) of the Native American
Programs Act of 1974 (42 U.S.C. 2991b-2(d)(1)) is
amended in the last sentence by striking ``Director of
the Indian Health Service'' and inserting ``Assistant
Secretary for Indian Health''.
(J) Section 203(b) of the Michigan Indian Land
Claims Settlement Act (Public Law 105-143; 111 Stat.
2666) is amended by striking ``Director of the Indian
Health Service'' and inserting ``Assistant Secretary
for Indian Health''.
(g) References.--Any reference to the Director of the Indian Health
Service in any other Federal law, Executive order, rule, regulation, or
delegation of authority, or in any document of or relating to the
Director of the Indian Health Service, shall be deemed to refer to the
Assistant Secretary.
Calendar No. 144
108th CONGRESS
1st Session
S. 558
[Report No. 108-76]
_______________________________________________________________________
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.
_______________________________________________________________________
June 18, 2003
Reported without amendment