I

105TH CONGRESS

2D SESSION S. 1770

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 18, 1998

Referred to the Committee on Resources, and in addition to the Committee

on 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

AN ACT

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,
2

S 1770 RFH

1 SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN

2 HEALTH.

3 (a) ESTABLISHMENT.—There is established within

4 the Department of Health and Human Services the Office

5 of the Assistant Secretary for Indian Health in order to,

6 in a manner consistent with the government-to-govern7 ment relationship between the United States and Indian

8 tribes—

9 (1) facilitate advocacy for the development of

10 appropriate Indian health policy; and

11 (2) promote consultation on matters related to

12 Indian health.

13 (b) ASSISTANT SECRETARY FOR INDIAN HEALTH.—

14 In addition to the functions performed on the date of en15 actment of this Act by the Director of the Indian Health

16 Service, the Assistant Secretary for Indian Health shall

17 perform such functions as the Secretary of Health and

18 Human Services may designate. The Assistant Secretary

19 for Indian Health shall—

20 (1) report directly to the Secretary concerning

21 all policy- and budget-related matters affecting In22 dian health;

23 (2) collaborate with the Assistant Secretary for

24 Health concerning appropriate matters of Indian

25 health that affect the agencies of the Public Health

26 Service;
3

S 1770 RFH

1 (3) advise each Assistant Secretary of the De2 partment of Health and Human Services concerning

3 matters of Indian health with respect to which that

4 Assistant Secretary has authority and responsibility;

5 (4) advise the heads of other agencies and pro6 grams of the Department of Health and Human

7 Services concerning matters of Indian health with

8 respect to which those heads have authority and re9 sponsibility; and

10 (5) coordinate the activities of the Department

11 of Health and Human Services concerning matters

12 of Indian health.

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

14 law, Executive order, rule, regulation, or delegation of au15 thority, or any document of or relating to the Director

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

17 the Assistant Secretary for Indian Health.

18 (d) RATE OF PAY.—

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

20 title 5, United States Code, is amended—

21 (A) by striking the following:

22 ‘‘Assistant Secretaries of Health and Human

23 Services (6).’’; and

24 (B) by inserting the following:
4

S 1770 RFH

1 ‘‘Assistant Secretaries of Health and Human

2 Services (7).’’.

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

4 such title is amended by striking the following:

5 ‘‘Director, Indian Health Service, Department

6 of Health and Human Services.’’.

7 (e) DUTIES OF ASSISTANT SECRETARY FOR INDIAN

8 HEALTH.—Section 601 of the Indian Health Care Im9 provement Act (25 U.S.C. 1661) is amended in subsection

10 (a)—

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

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

13 so designated, by striking ‘‘a Director,’’ and insert14 ing ‘‘the Assistant Secretary for Indian Health,’’;

15 and

16 (3) by striking the third sentence of paragraph

17 (1) and all that follows through the end of the sub18 section and inserting the following: ‘‘The Assistant

19 Secretary for Indian Health shall carry out the du20 ties specified in paragraph (2).

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

22 shall—

23 ‘‘(A) report directly to the Secretary concerning

24 all policy- and budget-related matters affecting In25 dian health;
5

S 1770 RFH

1 ‘‘(B) collaborate with the Assistant Secretary

2 for Health concerning appropriate matters of Indian

3 health that affect the agencies of the Public Health

4 Service;

5 ‘‘(C) advise each Assistant Secretary of the De6 partment of Health and Human Services concerning

7 matters of Indian health with respect to which that

8 Assistant Secretary has authority and responsibility;

9 ‘‘(D) advise the heads of other agencies and

10 programs of the Department of Health and Human

11 Services concerning matters of Indian health with

12 respect to which those heads have authority and re13 sponsibility; and

14 ‘‘(E) coordinate the activities of the Depart15 ment of Health and Human Services concerning

16 matters of Indian health.’’.

17 (f) CONTINUED SERVICE BY INCUMBENT.—The indi18 vidual serving in the position of Director of the Indian

19 Health Service on the date preceding the date of enact20 ment of this Act may serve as Assistant Secretary for In21 dian Health, at the pleasure of the President after the

22 date of enactment of this Act.

23 (g) CONFORMING AMENDMENTS.—

24 (1) AMENDMENTS TO INDIAN HEALTH CARE IM25 PROVEMENT ACT.—The Indian Health Care Im-
6

S 1770 RFH

1 provement Act (25 U.S.C. 1601 et seq.) is amend2 ed—

3 (A) in section 601—

4 (i) in subsection (c), by striking ‘‘Di5 rector of the Indian Health Service’’ both

6 places it appears and inserting ‘‘Assistant

7 Secretary for Indian Health’’; and

8 (ii) in subsection (d), by striking ‘‘Di9 rector of the Indian Health Service’’ and

10 inserting ‘‘Assistant Secretary for Indian

11 Health’’; and

12 (B) in section 816(c)(1), by striking ‘‘Di13 rector of the Indian Health Service’’ and insert14 ing ‘‘Assistant Secretary for Indian Health’’.

15 (2) AMENDMENTS TO OTHER PROVISIONS OF

16 LAW.—The following provisions are each amended

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

18 each place it appears and inserting ‘‘Assistant Sec19 retary for Indian Health’’:

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

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

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

23 of the Federal Water Pollution Control Act (33

24 U.S.C. 1377 (b) and (e)).
7

S 1770 RFH

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

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

3 2991b–2(d)(1)).

Passed the Senate September 17, 1998.

Attest: GARY SISCO,

Secretary.