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. KIL-
DEE) introduced the following bill; which was referred to the Committee 
on Resources, and in addition to the Committee on Energy and 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 mat-
ters 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 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.’’.