Summary
# Plain English Summary: H.R. 2535
## WHAT THIS BILL DOES
This bill changes the leadership structure of the Indian Health Service by creating a new position called Assistant Secretary for Indian Health within the Department of Health and Human Services. The Assistant Secretary will replace the current Director position and report directly to higher leadership. The bill also makes technical updates to federal law to reflect this organizational change.
## WHO IT AFFECTS
The Assistant Secretary for Indian Health (the person who will lead the Indian Health Service). The Secretary of Health and Human Services (who will approve hiring decisions). Federal employees working in the Indian Health Service. The Department of Health and Human Services.
## KEY PROVISIONS
- The position of Director of the Indian Health Service becomes an Assistant Secretary for Indian Health position (Sec. 2(a)(2))
- The Assistant Secretary reports directly to higher leadership rather than following the previous reporting structure (Sec. 2(a)(2))
- The Assistant Secretary can appoint a Deputy Assistant Secretary with approval from the Secretary of Health and Human Services and can hire attorneys and other employees needed to run the Indian Health Service (Sec. 2(a)(5))
- Any mention of "Director of the Indian Health Service" in federal law, executive orders, rules, regulations or documents now refers to the "Assistant Secretary" (Sec. 2(d))
## WHAT CHANGES
Federal pay scale rules change to add one more Assistant Secretary position within Health and Human Services. The Director position for Indian Health Service is removed from the federal pay scale list.
## IMPORTANT DEFINITIONS
None defined.
## EFFECTIVE DATE
Not specified in bill text.
I
118TH CONGRESS
1ST SESSION H. R. 2535
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
APRIL 6, 2023
Mr. STANTON (for himself and Mr. JOYCE of Ohio) introduced the following
bill; which was referred to the Committee on Natural 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 consideration
of such provisions as fall within the jurisdiction of the committee con-
cerned
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-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Stronger Engagement
4
for Indian Health Needs Act of 2023’’.
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•HR 2535 IH
SEC. 2. ASSISTANT SECRETARY FOR INDIAN HEALTH.
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(a) ESTABLISHMENT.—Section 601(a) of the Indian
2
Health Care Improvement Act (25 U.S.C. 1661(a)) is
3
amended—
4
(1) in paragraph (1), by striking ‘‘tribes’’ and
5
inserting ‘‘Tribes’’;
6
(2) in paragraph (2)—
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(A) by striking ‘‘a Director’’ and inserting
8
‘‘an Assistant Secretary for Indian Health (in
9
this section referred to as the ‘Assistant Sec-
10
retary’)’’;
11
(B) by striking ‘‘The Director shall report’’
12
and inserting ‘‘The Assistant Secretary shall re-
13
port directly’’;
14
(C) by striking ‘‘the Director’’ and insert-
15
ing ‘‘the Assistant Secretary’’; and
16
(D) by striking ‘‘A Director’’ and inserting
17
‘‘An Assistant Secretary’’;
18
(3) in paragraph (3), by striking ‘‘date of en-
19
actment of the Indian Health Care Improvement Re-
20
authorization and Extension Act of 2009 shall serve
21
as Director’’ and inserting ‘‘date of enactment of the
22
Stronger Engagement for Indian Health Needs Act
23
of 2023 shall serve as Assistant Secretary’’;
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•HR 2535 IH
(4) in paragraph (4), in the matter before sub-
1
paragraph (A), by striking ‘‘Director’’ and inserting
2
‘‘Assistant Secretary’’; and
3
(5) by adding at the end the following new
4
paragraph:
5
‘‘(5) DEPUTY ASSISTANT SECRETARY.—The As-
6
sistant Secretary, with the approval of the Secretary,
7
may appoint a Deputy Assistant Secretary and may
8
employ and prescribe the functions of such officers
9
and employees, including attorneys, as are necessary
10
to administer the activities of the Service.’’.
11
(b) DUTIES.—Section 601(c) of the Indian Health
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Care Improvement Act (25 U.S.C. 1661(c)) is amended—
13
(1) in the matter before paragraph (1), by
14
striking ‘‘Director’’ and inserting ‘‘Assistant Sec-
15
retary’’; and
16
(2) in paragraph (1), by striking ‘‘date of en-
17
actment of the Indian Health Care Improvement Re-
18
authorization and Extension Act of 2009’’ and in-
19
serting ‘‘date of enactment of the Stronger Engage-
20
ment for Indian Health Needs Act of 2023’’.
21
(c) AUTHORITY.—Section 601(d)(1) of the Indian
22
Health Care Improvement Act (25 U.S.C. 1661(d)(1)) is
23
amended in the matter before subparagraph (A), by strik-
24
ing ‘‘Director’’ and inserting ‘‘Assistant Secretary’’.
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•HR 2535 IH
(d) REFERENCES.—Section 601 of the Indian Health
1
Care Improvement Act (25 U.S.C. 1661) is amended by
2
adding at the end the following new subsection:
3
‘‘(e) REFERENCES.—Any reference to the Director of
4
the Indian Health Service in any Federal law, Executive
5
order, rule, regulation, or delegation of authority, or in
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any document of or relating to the Director of the Indian
7
Health Service, shall be deemed to refer to the Assistant
8
Secretary.’’.
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(e) RATE OF BASIC PAY.—
10
(1) POSITIONS AT LEVEL IV.—Section 5315 of
11
title 5, United States Code, is amended by striking
12
‘‘Assistant Secretaries of Health and Human Serv-
13
ices (6)’’ and inserting ‘‘Assistant Secretaries of
14
Health and Human Services (7)’’.
15
(2) POSITIONS AT LEVEL V.—Section 5316 of
16
title 5, United States Code, is amended by striking
17
‘‘Director, Indian Health Service, Department of
18
Health and Human Services.’’.
19
Æ
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