article: SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN HEALTH. (a) Definitions.--In this section: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary for Indian Health appointed under subsection (b)(2)(A). (2) Department.--The term ``Department'' means the Department of Health and Human Services. (3) Office.--The term ``Office'' means the Office of the Assistant Secretary for Indian Health established by subsection (b)(1). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (b) Establishment.-- (1) In general.--There is established within the Department the Office of the Assistant Secretary for Indian Health. (2) Assistant secretary.-- (A) In general.--Except as provided in subparagraph (B), the Office shall be headed by an Assistant Secretary for Indian Health, to be appointed by the President, by and with the advice and consent of the Senate. (B) Continued service by incumbent.--The individual serving in the position of Director of the Indian Health Service on the day before the date of enactment of this Act may serve as Assistant Secretary at the pleasure of the President after the date of enactment of this Act. (3) Duties.--The position of Assistant Secretary is established to, in a manner consistent with the government-to- government relationship between the United States and Indian tribes-- (A) facilitate advocacy for the development of appropriate Indian health policy; and (B) promote consultation on matters relating to Indian health. (c) Assistant Secretary for Indian Health.--In addition to the functions performed as of the date of enactment of this Act by the Director of the Indian Health Service, the Assistant Secretary shall-- (1) report directly to the Secretary concerning all policy- and budget-related matters 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 Department concerning matters of Indian health with respect to which that Assistant Secretary has authority and responsibility; (4) advise the heads of other agencies and programs of the Department concerning matters of Indian health with respect to which those heads have authority and responsibility; (5) coordinate the activities of the Department concerning matters of Indian health; and (6) perform such other functions as the Secretary may designate. (d) Rate of Pay.-- (1) Positions at level iv.--Section 5315 of title 5, United States Code, is amended by striking ``Assistant Secretaries of Health and Human Services (6).'' and inserting ``Assistant Secretaries of Health and Human Services (7).''. (2) Positions at level v.--Section 5316 of title 5, United States Code, is amended by striking ``Director, Indian Health Service, Department of Health and Human Services.''. (e) Duties of Assistant Secretary for Indian Health.--Section 601 of the Indian Health Care Improvement Act (25 U.S.C. 1661) is amended by striking the section heading and all that follows through subsection (a) and inserting the following: ``SEC. 601. ESTABLISHMENT OF THE INDIAN HEALTH SERVICE AS AN AGENCY OF THE PUBLIC HEALTH SERVICE. ``(a) Establishment.-- ``(1) In general.--In order to more effectively and efficiently carry out the responsibilities, authorities, and functions of the United States to provide health care services to Indians and Indian tribes, there is established within the Public Health Service of the Department of Health and Human Services the Indian Health Service. ``(2) Administration.--The Indian Health Service shall be administered by the Assistant Secretary for Indian Health. ``(3) Duties.--In carrying out paragraph (2), the Assistant Secretary shall-- ``(A) report directly to the Secretary concerning all policy- and budget-related matters affecting Indian 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 Department 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 responsibility; ``(E) coordinate the activities of the Department of Health and Human Services concerning matters of Indian health; and ``(F) perform such other functions as the Secretary may designate.''. (f) Conforming Amendments.-- (1) Amendments to indian health care improvement act.--The Indian Health Care Improvement Act is amended-- (A) in section 601 (25 U.S.C. 1661)-- (i) in subsection (c), by striking ``Director of the Indian Health Service'' each place it appears and inserting ``Assistant Secretary for Indian Health''; and (ii) in subsection (d)(1), by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''; and (B) in section 816(c)(1) (25 U.S.C. 1680f(c)(1)), by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (2) Amendments to other provisions of law.-- (A) Section 3307(b)(1)(C) of the Children's Health Act of 2000 (25 U.S.C. 1671 note; Public Law 106-310) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (B) The Indian Lands Open Dump Cleanup Act of 1994 is amended-- (i) in section 3 (25 U.S.C. 3902)-- (I) by striking paragraph (2); (II) by redesignating paragraphs (1), (3), (4), (5), and (6) as paragraphs (4), (5), (2), (6), and (1), respectively, and moving those paragraphs so as to appear in numerical order; and (III) by inserting before paragraph (4) (as redesignated by subclause (II)) the following: ``(3) Assistant secretary.--The term `Assistant Secretary' means the Assistant Secretary for Indian Health.''; (ii) in section 5 (25 U.S.C. 3904), by striking the section heading and inserting the following: ``SEC. 5. AUTHORITY OF ASSISTANT SECRETARY FOR INDIAN HEALTH.''; (iii) in section 6(a) (25 U.S.C. 3905(a)), in the subsection heading, by striking ``Director'' and inserting ``Assistant Secretary''; (iv) in section 9(a) (25 U.S.C. 3908(a)), in the subsection heading, by striking ``Director'' and inserting ``Assistant Secretary''; and (v) by striking ``Director'' each place it appears and inserting ``Assistant Secretary''. (C) Section 5504(d)(2) of the Augustus F. Hawkins- Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (25 U.S.C. 2001 note; Public Law 100-297) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (D) Section 203(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 763(a)(1)) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (E) Subsections (b) and (e) of section 518 of the Federal Water Pollution Control Act (33 U.S.C. 1377) are amended by striking ``Director of the Indian Health Service'' each place it appears and inserting ``Assistant Secretary for Indian Health''. (F) Section 317M(b) of the Public Health Service Act (42 U.S.C. 247b-14(b)) is amended-- (i) by striking ``Director of the Indian Health Service'' each place it appears and inserting ``Assistant Secretary for Indian Health''; and (ii) in paragraph (2)(A), by striking ``the Directors referred to in such paragraph'' and inserting ``the Director of the Centers for Disease Control and Prevention and the Assistant Secretary for Indian Health''. (G) Section 417C(b) of the Public Health Service Act (42 U.S.C. 285-9(b)) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (H) Section 1452(i) of the Safe Drinking Water Act (42 U.S.C. 300j-12(i)) is amended by striking ``Director of the Indian Health Service'' each place it appears and inserting ``Assistant Secretary for Indian Health''. (I) Section 803B(d)(1) of the Native American Programs Act of 1974 (42 U.S.C. 2991b-2(d)(1)) is amended in the last sentence by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (J) Section 203(b) of the Michigan Indian Land Claims Settlement Act (Public Law 105-143; 111 Stat. 2666) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (g) References.--Any reference to the Director of the Indian Health Service in any other Federal law, Executive order, rule, regulation, or delegation of authority, or in any document of or relating to the Director of the Indian Health Service, shall be deemed to refer to the Assistant Secretary. Passed the Senate July 16, 2003. Attest: EMILY J. REYNOLDS, Secretary.
summary: Establishes within the Department of Health and Human Services (HHS) the Office of the Assistant Secretary for Indian Health to facilitate advocacy for the development of appropriate Indian health policy, and promote consultation on matters related to Indian health, in a manner consistent with the government-to-government relationship between the United States and Indian tribes. Elevates the position of Director of the Indian Health Service to such Assistant Secretary position. Makes the Indian Health Service an agency of the Public Health Service.