text: 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.
target: 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.
feat_title: 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.