--- kind: "section" citation: "25 U.S.C. § 1647" title: "25" title_heading: "Indians" number: "1647" heading: "Eligible Indian veteran services" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/25/1647" units: - "Chapter 18 — Indian Health Care" - "Subchapter III–A — Access to Health Services" --- # §1647. Eligible Indian veteran services - (a) **Findings; purpose—** - (1) **Findings—** Congress finds that— - (A) collaborations between the [Secretary](/usc/25/1603.md?p=17) and the [Secretary](/usc/25/1603.md?p=17) of Veterans Affairs regarding the treatment of [Indian](/usc/25/1603.md?p=13) veterans at facilities of the [Service](/usc/25/1603.md?p=18) should be encouraged to the maximum extent practicable; and - (B) increased enrollment for [services](/usc/25/1603.md?p=18) of the Department of Veterans Affairs by veterans who are members of [Indian tribes](/usc/25/1603.md?p=14) should be encouraged to the maximum extent practicable. - (2) **Purpose—** The purpose of this section is to reaffirm the goals stated in the document entitled “Memorandum of Understanding Between the VA/Veterans Health [Administration](/usc/25/1667a.md?p=1) And HHS/[Indian](/usc/25/1603.md?p=13) Health [Service](/usc/25/1603.md?p=18)” and dated February 25, 2003 (relating to cooperation and resource sharing between the Veterans Health [Administration](/usc/25/1667a.md?p=1) and [Service](/usc/25/1603.md?p=18)). - (b) **Definitions—** In this section: - (1) **Eligible Indian veteran—** The term “eligible [Indian](/usc/25/1603.md?p=13) veteran” means an [Indian](/usc/25/1603.md?p=13) or Alaska Native veteran who receives any medical [service](/usc/25/1603.md?p=18) that is— - (A) authorized under the laws administered by the [Secretary](/usc/25/1603.md?p=17) of Veterans Affairs; and - (B) administered at a facility of the [Service](/usc/25/1603.md?p=18) (including a facility operated by an [Indian tribe](/usc/25/1603.md?p=14) or [tribal organization](/usc/25/1603.md?p=26) through a contract or compact with the [Service](/usc/25/1603.md?p=18) under the [Indian](/usc/25/1603.md?p=13) Self-Determination and Education Assistance Act ([25 U.S.C. 450](/usc/25/450.md) et seq.))[^1] pursuant to a local memorandum of understanding. - (2) **Local memorandum of understanding—** The term “local memorandum of understanding” means a memorandum of understanding between the [Secretary](/usc/25/1603.md?p=17) (or a designee, including the director of any [area office](/usc/25/1603.md?p=1) of the [Service](/usc/25/1603.md?p=18)) and the [Secretary](/usc/25/1603.md?p=17) of Veterans Affairs (or a designee) to implement the document entitled “Memorandum of Understanding Between the VA/Veterans Health [Administration](/usc/25/1667a.md?p=1) And HHS/[Indian](/usc/25/1603.md?p=13) Health [Service](/usc/25/1603.md?p=18)” and dated February 25, 2003 (relating to cooperation and resource sharing between the Veterans Health [Administration](/usc/25/1667a.md?p=1) and [Indian](/usc/25/1603.md?p=13) Health [Service](/usc/25/1603.md?p=18)). - (c) **Eligible Indian veterans expenses—** - (1) **In general—** Notwithstanding any other provision of law, the [Secretary](/usc/25/1603.md?p=17) shall provide for veteran-related expenses incurred by eligible [Indian](/usc/25/1603.md?p=13) veterans as described in [subsection (b)(1)(B)](#b-1-B). - (2) **Method of payment—** The [Secretary](/usc/25/1603.md?p=17) shall establish such guidelines as the [Secretary](/usc/25/1603.md?p=17) determines to be appropriate regarding the method of payments to the [Secretary](/usc/25/1603.md?p=17) of Veterans Affairs under [paragraph (1)](#c-1). - (d) **Tribal approval of memoranda—** In negotiating a local memorandum of understanding with the [Secretary](/usc/25/1603.md?p=17) of Veterans Affairs regarding the provision of [services](/usc/25/1603.md?p=18) to eligible [Indian](/usc/25/1603.md?p=13) veterans, the [Secretary](/usc/25/1603.md?p=17) shall consult with each [Indian tribe](/usc/25/1603.md?p=14) that would be affected by the local memorandum of understanding. - (e) **Funding—** - (1) **Treatment—** Expenses incurred by the [Secretary](/usc/25/1603.md?p=17) in carrying out [subsection (c)(1)](#c-1) shall not be considered to be [Contract Health Service](/usc/25/1603.md?p=5) expenses. - (2) **Use of funds—** Of funds made available to the [Secretary](/usc/25/1603.md?p=17) in appropriations Acts for the [Service](/usc/25/1603.md?p=18) (excluding funds made available for facilities, [Contract Health Services](/usc/25/1603.md?p=5), or contract support costs), the [Secretary](/usc/25/1603.md?p=17) shall use such sums as are necessary to carry out this section. ## Footnotes [^1]: See References in Text note below. ## Source credit (Pub. L. 94–437, title IV, § 407, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) ## Notes ### Editorial Notes ### References in Text The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (b)(1)(B), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. ### Codification Section 407 of Pub. L. 94–437 is based on section 155 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. ### Prior Provisions A prior section 1647, Pub. L. 94–437, title IV, § 407, as added Pub. L. 102–573, title IV, § 406, Oct. 29, 1992, 106 Stat. 4566, authorized appropriations through fiscal year 2000 to carry out this subchapter, prior to repeal by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935. The repeal is based on section 101(b)(7) of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.