I
107TH CONGRESS
1ST SESSION
H. R. 293
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 30, 2001
Mr. NETHERCUTT (for himself, Mr. KILDEE, and Mr. HAYWORTH) 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 consider-
ation 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 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;
(4) advise the heads of other agencies and pro-
grams 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
(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 au-
thority, 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 Sec-
retaries of Health and Human Services (7).’’.
(2) POSITIONS AT LEVEL V.—Section 5316 of
such title is amended by striking the following: ‘‘Di-
rector, Indian Health Service, Department of Health
and Human Services.’’.
(e) DUTIES OF ASSISTANT SECRETARY FOR INDIAN
HEALTH.—Section 601 of the Indian Health Care Im-
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;