I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN 

4 HEALTH. 

5 (a) ESTABLISHMENT.—There is established within 

6 the Department of Health and Human Services the Office 
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1 of the Assistant Secretary for Indian Health in order to, 

2 in a manner consistent with the government-to-govern3 ment relationship between the United States and Indian 

4 tribes—

5 (1) facilitate advocacy for the development of 

6 appropriate Indian health policy; and 

7 (2) promote consultation on matters related to 

8 Indian health. 

9 (b) ASSISTANT SECRETARY FOR INDIAN HEALTH.—

10 In addition to the functions performed on the date of en11 actment of this Act by the Director of the Indian Health 

12 Service, the Assistant Secretary for Indian Health shall 

13 perform such functions as the Secretary of Health and 

14 Human Services may designate. The Assistant Secretary 

15 for Indian Health shall—

16 (1) REPORT DIRECTLY TO THE SECRETARY

17 CONCERNING ALL POLICY.—and budget-related mat18 ters affecting Indian health; 

19 (2) collaborate with the Assistant Secretary for 

20 Health concerning appropriate matters of Indian 

21 health that affect the agencies of the Public Health 

22 Service; 

23 (3) advise each Assistant Secretary of the De24 partment of Health and Human Services concerning 
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1 matters of Indian health with respect to which that 

2 Assistant Secretary has authority and responsibility; 

3 (4) advise the heads of other agencies and pro4 grams of the Department of Health and Human 

5 Services concerning matters of Indian health with 

6 respect to which those heads have authority and re7 sponsibility; and 

8 (5) coordinate the activities of the Department 

9 of Health and Human Services concerning matters 

10 of Indian health. 

11 (c) REFERENCES.—Reference in any other Federal 

12 law, Executive order, rule, regulation, or delegation of au13 thority, or any document of or relating to the Director 

14 of the Indian Health Service shall be deemed to refer to 

15 the Assistant Secretary for Indian Health. 

16 (d) RATE OF PAY.—

17 (1) POSITIONS AT LEVEL IV.—Section 5315 of 

18 title 5, United States Code, is amended by striking 

19 the following: ‘‘Assistant Secretaries of Health and 

20 Human Services (6).’’ and inserting ‘‘Assistant Sec21 retaries of Health and Human Services (7).’’. 

22 (2) POSITIONS AT LEVEL V.—Section 5316 of 

23 such title is amended by striking the following: ‘‘Di24 rector, Indian Health Service, Department of Health 

25 and Human Services.’’. 
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1 (e) DUTIES OF ASSISTANT SECRETARY FOR INDIAN

2 HEALTH.—Section 601 of the Indian Health Care Im3 provement Act (25 U.S.C. 1661) is amended in subsection 

4 (a)—

5 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

6 (2) in the second sentence of paragraph (1), as 

7 so designated, by striking ‘‘a Director,’’ and insert8 ing ‘‘the Assistant Secretary for Indian Health,’’; 

9 (3) by striking the third sentence of paragraph 

10 (1), as so designated, and all that follows through 

11 the end of the subsection (a) of such section and in12 serting the following: ‘‘The Assistant Secretary for 

13 Indian Health shall carry out the duties specified in 

14 paragraph (2).’’; and 

15 (4) by adding after paragraph (1) the following: 

16 ‘‘(2) The Assistant Secretary for Indian Health 

17 shall—

18 ‘‘(A) REPORT DIRECTLY TO THE SEC19 RETARY CONCERNING ALL POLICY.—and budg20 et-related matters affecting Indian health; 

21 ‘‘(B) collaborate with the Assistant Sec22 retary for Health concerning appropriate mat23 ters of Indian health that affect the agencies of 

24 the Public Health Service; 
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1 ‘‘(C) advise each Assistant Secretary of the 

2 Department of Health and Human Services 

3 concerning matters of Indian health with re4 spect to which that Assistant Secretary has au5 thority and responsibility; 

6 ‘‘(D) advise the heads of other agencies 

7 and programs of the Department of Health and 

8 Human Services concerning matters of Indian 

9 health with respect to which those heads have 

10 authority and responsibility; and 

11 ‘‘(E) coordinate the activities of the De12 partment of Health and Human Services con13 cerning matters of Indian health.’’. 

14 (f) CONTINUED SERVICE BY INCUMBENT.—The indi15 vidual serving in the position of Director of the Indian 

16 Health Service on the date preceding the date of enact17 ment of this Act may serve as Assistant Secretary for In18 dian Health, at the pleasure of the President after the 

19 date of enactment of this Act. 

20 (g) CONFORMING AMENDMENTS.—

21 (1) AMENDMENTS TO INDIAN HEALTH CARE IM22 PROVEMENT ACT.—The Indian Health Care Im23 provement Act (25 U.S.C. 1601 et seq.) is amend24 ed—

25 (A) in section 601—
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1 (i) in subsection (c), by striking ‘‘Di2 rector of the Indian Health Service’’ both 

3 places it appears and inserting ‘‘Assistant 

4 Secretary for Indian Health’’; and 

5 (ii) in subsection (d), by striking ‘‘Di6 rector of the Indian Health Service’’ and 

7 inserting ‘‘Assistant Secretary for Indian 

8 Health’’; and 

9 (B) in section 816(c)(1), by striking ‘‘Di10 rector of the Indian Health Service’’ and insert11 ing ‘‘Assistant Secretary for Indian Health’’. 

12 (2) AMENDMENTS TO OTHER PROVISIONS OF

13 LAW.—The following provisions are each amended 

14 by striking ‘‘Director of the Indian Health Service’’ 

15 each place it appears and inserting ‘‘Assistant Sec16 retary for Indian Health’’: 

17 (A) Section 203(a)(1) of the Rehabilitation 

18 Act of 1973 (29 U.S.C. 761b(a)(1)). 

19 (B) Subsections (b) and (e) of section 518 

20 of the Federal Water Pollution Control Act (33 

21 U.S.C. 1377 (b) and (e)). 

22 (C) Section 803B(d)(1) of the Native 

23 American Programs Act of 1974 (42 U.S.C. 

24 2991b–2(d)(1)).

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