I
106TH CONGRESS
1ST SESSION
H. R. 403
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 19, 1999
Mr. NETHERCUTT introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committee on Com-
merce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion 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 Representa-
tives 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-govern-
ment 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 en-
actment 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 In-
dian 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 De-
partment of Health and Human Services concerning
matters of Indian health with respect to which that
Assistant Secretary has authority and responsibility;
provement 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 insert-
ing ‘‘the Assistant Secretary for Indian Health,’’;
and
(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 in-
serting the following: ‘‘The Assistant Secretary for
Indian Health shall carry out the duties specified in
paragraph (2).
‘‘(2) The Assistant Secretary for Indian Health
shall—
‘‘(A) report directly to the Secretary concerning
all policy- and budget-related matters affecting In-
dian 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 De-
partment 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 re-
sponsibility; and
‘‘(E) coordinate the activities of the Depart-
ment of Health and Human Services concerning
matters of Indian health.’’.
(f) CONTINUED SERVICE BY INCUMBENT.—The indi-
vidual serving in the position of Director of the Indian
Health Service on the date preceding the date of enact-
ment of this Act may serve as Assistant Secretary for In-
dian Health, at the pleasure of the President after the
date of enactment of this Act.
(g) CONFORMING AMENDMENTS.—
(1) AMENDMENTS TO INDIAN HEALTH CARE IM-
PROVEMENT
ACT.—The Indian Health Care Im-
provement Act (25 U.S.C. 1601 et seq.) is
amended—
(A) in section 601—
(i) in subsection (c), by striking ‘‘Di-
rector of the Indian Health Service’’ both
places it appears and inserting ‘‘Assistant
Secretary for Indian Health’’; and
(ii) in subsection (d), by striking ‘‘Di-
rector of the Indian Health Service’’ and
inserting ‘‘Assistant Secretary for Indian
Health’’; and
(B) in section 816(c)(1), by striking ‘‘Di-
rector of the Indian Health Service’’ and insert-
ing ‘‘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 Sec-
retary 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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