Section, act Mar. 3, 1891, ch. 561, § 15, 26 Stat. 1101, which reserved the Annette Islands for the use of the Metlakahtla Indians, was omitted from the Code as being of special and not general application.

[§496. Repealed. Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792 — repealed]

25 U.S.C. § 496

Notes, amendments, and revision history

Section 496, act May 1, 1936, ch. 254, § 2, 49 Stat. 1250, authorized Secretary of the Interior to designate as an Indian reservation any area of land which has been reserved for use and occupancy of Indians or Eskimos under section 280a or former section 495 of this title, executive order, etc. Section was formerly classified to section 358a of Title 48, Territories and Insular Possessions.

Section 497, act May 31, 1938, ch. 304, 52 Stat. 593, authorized Secretary of the Interior to reserve tracts for schools, hospitals, etc., in Alaska for Indians, Eskimos, and Aleuts. Section was formerly classified to section 353a of Title 48.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal is effective on and after Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands.

[§497. Repealed. Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792 — repealed]

25 U.S.C. § 497

Notes, amendments, and revision history

Section 496, act May 1, 1936, ch. 254, § 2, 49 Stat. 1250, authorized Secretary of the Interior to designate as an Indian reservation any area of land which has been reserved for use and occupancy of Indians or Eskimos under section 280a or former section 495 of this title, executive order, etc. Section was formerly classified to section 358a of Title 48, Territories and Insular Possessions.

Section 497, act May 31, 1938, ch. 304, 52 Stat. 593, authorized Secretary of the Interior to reserve tracts for schools, hospitals, etc., in Alaska for Indians, Eskimos, and Aleuts. Section was formerly classified to section 353a of Title 48.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal is effective on and after Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands.

[§500. Omitted — omitted]

25 U.S.C. § 500

Notes, amendments, and revision history

Editorial Notes

Codification

Section, act Sept. 1, 1937, ch. 897, § 1, 50 Stat. 900, which declared purpose of this subchapter for establishment of a reindeer industry, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Short Title

Act Sept. 1, 1937, ch. 897, 50 Stat. 900, which enacted this subchapter, was popularly known as the “Reindeer Industry Act of 1937”.

Repeals

A prior section 563, acts June 25, 1938, ch. 710, 52 Stat. 1207; Aug. 7, 1939, ch. 519, 53 Stat. 1244; May 15, 1945, ch. 123, 59 Stat. 167, provided for payment of salaries and expenses of Klamath Tribe officials out of tribal funds but limited the amount of such expenditures to $15,000 per annum, prior to repeal by act May 29, 1953, ch. 86, § 2, 67 Stat. 40.

[§564. Omitted — omitted]

25 U.S.C. § 564

Notes, amendments, and revision history

Editorial Notes

Codification

Section, act Aug. 13, 1954, ch. 732, § 1, 68 Stat. 718, which set out the purpose of this subchapter, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Repeals; Recoupment of Funds Expended for Klamath County School Board

Section, Pub. L. 89–224, § 1, Oct. 1, 1965, 79 Stat. 897, authorized the Secretary of the Interior to distribute to the Klamath Tribe funds obtained from the Indian Claims Commission from the tribe’s judgment against the United States.

Statutory Notes and Related Subsidiaries

Short Title of Repeal

Pub. L. 117–261, § 1, Dec. 21, 2022, 136 Stat. 2393, provided that: “This Act [repealing this subchapter] may be cited as the ‘Klamath Tribe Judgment Fund Repeal Act’.”

[§565a. Repealed. Pub. L. 117–261, § 2, Dec. 21, 2022, 136 Stat. 2393 — repealed]

25 U.S.C. § 565a

Notes, amendments, and revision history

Section, Pub. L. 89–224, § 2, Oct. 1, 1965, 79 Stat. 897, related to distribution of judgment funds to tribe members.

[§565b. Repealed. Pub. L. 117–261, § 2, Dec. 21, 2022, 136 Stat. 2393 — repealed]

25 U.S.C. § 565b

Notes, amendments, and revision history

Section, Pub. L. 89–224, § 3, Oct. 1, 1965, 79 Stat. 897, related to timing of payments and claims for shares of deceased enrollees.

[§565c. Repealed. Pub. L. 117–261, § 2, Dec. 21, 2022, 136 Stat. 2393 — repealed]

25 U.S.C. § 565c

Notes, amendments, and revision history

Section, Pub. L. 89–224, § 4, Oct. 1, 1965, 79 Stat. 897, related to disposition of funds remaining after distribution.

[§565d. Repealed. Pub. L. 117–261, § 2, Dec. 21, 2022, 136 Stat. 2393 — repealed]

25 U.S.C. § 565d

Notes, amendments, and revision history

Section, Pub. L. 89–224, § 5, Oct. 1, 1965, 79 Stat. 898, directed that remaining funds be deposited in the Treasury of the United States if insufficient to justify a further distribution.

[§565e. Repealed. Pub. L. 117–261, § 2, Dec. 21, 2022, 136 Stat. 2393 — repealed]

25 U.S.C. § 565e

Notes, amendments, and revision history

Section, Pub. L. 89–224, § 6, Oct. 1, 1965, 79 Stat. 898, related to payment of costs of distribution.

[§565f. Repealed. Pub. L. 117–261, § 2, Dec. 21, 2022, 136 Stat. 2393 — repealed]

25 U.S.C. § 565f

Notes, amendments, and revision history

Section, Pub. L. 89–224, § 7, Oct 1, 1965, 79 Stat. 898, exempted funds distributed pursuant to this subchapter from Federal and State income taxes.

[§565g. Repealed. Pub. L. 117–261, § 2, Dec. 21, 2022, 136 Stat. 2393 — repealed]

25 U.S.C. § 565g

Notes, amendments, and revision history

Section, Pub. L. 89–224, § 8, Oct. 1, 1965, 79 Stat. 898, authorized the Secretary of the Interior to prescribe rules and regulations to carry out the provisions of this subchapter.

[§566. Omitted — omitted]

25 U.S.C. § 566

Notes, amendments, and revision history

Section, acts Apr. 19, 1950, ch. 92, § 9, 64 Stat. 47; Oct. 30, 1972, Pub. L. 92–603, title III, § 303(c), 86 Stat. 1484; Dec. 31, 1973, Pub. L. 93–233, § 19(a), 87 Stat. 974, related to additional Social Security contributions to States for State expenditures for aid to dependent children to Navajo and Hopi Indians.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare.

[§640. Repealed. Pub. L. 93–531, § 26, Dec. 22, 1974, 88 Stat. 1723 — repealed]

25 U.S.C. § 640

Notes, amendments, and revision history

Section, act Apr. 19, 1950, ch. 92, § 10, 64 Stat. 47, established Joint Committee on Navajo-Hopi Indian Administration, with function of making a continuous study of programs for administration and rehabilitation of Navajo and Hopi Indians.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 93–531, § 26, Dec. 22, 1974, 88 Stat. 1723, provided that the repeal is effective as of the close of business December 31, 1974.

[§640a. Omitted — omitted]

25 U.S.C. § 640a

Notes, amendments, and revision history

Editorial Notes

Codification

Section, Pub. L. 92–189, § 2, Dec. 15, 1971, 85 Stat. 646; Pub. L. 110–315, title IX, § 946(a), Aug. 14, 2008, 122 Stat. 3468, which related to purpose of former sections 640a to 640c–3 of this title, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Short Title of 2008 Amendment

Pub. L. 110–315, title IX, § 945, Aug. 14, 2008, 122 Stat. 3468, provided that subpart 2 (§§ 945, 946) of part E of title IX of Pub. L. 110–315 [see Tables for classification] could be cited as the “Navajo Nation Higher Education Act of 2008”.

Short Title of 1978 Amendment

Editorial Notes

Codification

Section, Pub. L. 93–531, § 1, Dec. 22, 1974, 88 Stat. 1712, which related to appointment of a mediator to assist in the negotiations for the settlement and partition of interests of the Hopi and Navajo Tribes in certain lands and duties of mediator, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Short Title of 1988 Amendment

Editorial Notes

Codification

Section, Pub. L. 93–531, § 32, as added Pub. L. 100–666, § 7, Nov. 16, 1988, 102 Stat. 3932; amended Pub. L. 101–121, title I, § 120, Oct. 23, 1989, 103 Stat. 722, which related to the Navajo Rehabilitation Trust Fund, was omitted from the Code as being of special and not general application.

Another section 32 of Pub. L. 93–531 was enacted by Pub. L. 100–696, title IV, § 407, Nov. 18, 1988, 102 Stat. 4593, and was classified to section 640d–31 of this title prior to omission from the Code.

[§640d–31. Omitted — omitted]

25 U.S.C. § 640d–31

Notes, amendments, and revision history

Editorial Notes

Section, act Aug. 27, 1954, ch. 1009, § 1, 68 Stat. 868, which set out the purpose of this subchapter, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Repeal of Inconsistent Laws

Editorial Notes

Codification

Section, act Aug. 13, 1954, ch. 733, § 1, 68 Stat. 724, which set out the purpose of this subchapter, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Repeal of Inconsistent Laws

Section, Pub. L. 98–165, § 8, Nov. 22, 1983, 97 Stat. 1068, which related to the establishment of a tribal reservation, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Confederated Tribes of the Grand Ronde Community of Oregon Reservation

Pub. L. 100–425, Sept. 9, 1988, 102 Stat. 1594, as amended by Pub. L. 100–581, title II, § 202, Nov. 1, 1988, 102 Stat. 2939; Pub. L. 101–301, § 4, May 24, 1990, 104 Stat. 207; Pub. L. 102–497, § 1, Oct. 24, 1992, 106 Stat. 3255; Pub. L. 103–263, § 5(a), May 31, 1994, 108 Stat. 708; Pub. L. 103–435, § 2, Nov. 2, 1994, 108 Stat. 4566; Pub. L. 105–256, § 2, Oct. 14, 1998, 112 Stat. 1896; Pub. L. 114–263, § 1, Dec. 14, 2016, 130 Stat. 1366; Pub. L. 118–32, § 2, Dec. 26, 2023, 137 Stat. 1109, established a reservation for Confederated Tribes of the Grand Ronde Community of Oregon, prohibiting use of certain real property for gaming, specifying hunting, fishing, and trapping rights, and vesting civil and criminal jurisdiction in State of Oregon, directed treatment of certain lands as revested Oregon and California railroad grant lands, and provided economic development for the Tribes.

[Pub. L. 118–32, § 3, Dec. 26, 2023, 137 Stat. 1109, provided that: “Nothing in this Act [enacting provisions set out as a note under section 713 of this title and amending Pub. L. 100–425 above], or an amendment made by this Act, shall be construed to enlarge, confirm, adjudicate, affect, or modify any treaty right of an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).” ]

[§713g. Omitted — omitted]

25 U.S.C. § 713g

Notes, amendments, and revision history

Editorial Notes

Codification

Section, Pub. L. 98–165, § 9, Nov. 22, 1983, 97 Stat. 1070, which authorized the Secretary of the Interior to promulgate regulations necessary to carry out the provisions of this subchapter, was omitted from the Code as being of special and not general application.

[§714. Omitted — omitted]

25 U.S.C. § 714

Editorial Notes

Codification

Section, act Sept. 1, 1954, ch. 1207, § 1, 68 Stat. 1099, which set out the purpose of this subchapter, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Repeal of Inconsistent Laws

[§791. Repealed. Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 791

Notes, amendments, and revision history

Section, act Aug. 1, 1956, ch. 843, § 1, 70 Stat. 893, set out purpose of former sections 791 to 807 of this title as termination of Federal supervision and services for tribe.

Statutory Notes and Related Subsidiaries

Repeal of Inconsistent Laws

Act Aug. 1, 1956, ch. 843, § 18, 70 Stat. 896, which related to repeal of inconsistent Acts, etc., was repealed by Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246.

Separability

Act Aug. 1, 1956, ch. 843, § 19, 70 Stat. 897, which provided for validity of remainder of act of Aug. 1, 1956, in event of determination of invalidity of any part of such act, was repealed by Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246.

[§792. Repealed. Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 792

Notes, amendments, and revision history

Section, act Aug. 1, 1956, ch. 843, § 2, 70 Stat. 893, defined “tribe”, “Secretary”, “lands”, and “tribal property”.

[§793. Repealed. Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 793

Notes, amendments, and revision history

Section, act Aug. 1, 1956, ch. 843, § 3, 70 Stat. 893, related to preparation and publication of membership roll.

[§794. Repealed. Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 794

Notes, amendments, and revision history

Section, act Aug. 1, 1956, ch. 843, § 4, 70 Stat. 893, restricted personal property rights upon publication of final membership roll.

[§795. Repealed. Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 795

Notes, amendments, and revision history

Section, act Aug. 1, 1956, ch. 843, § 5, 70 Stat. 893, related to procedures for transfer of tribal property.

[§796. Repealed. Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 796

Notes, amendments, and revision history

Section, act Aug. 1, 1956, ch. 843, § 6, 70 Stat. 894, related to transfers of individual property to members of tribe.

[§797. Repealed. Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 797

Notes, amendments, and revision history

Section, act Aug. 1, 1956, ch. 843, § 7, 70 Stat. 894, provided for applicability of probate laws to property of deceased members.

[§798. Repealed. Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 798

Notes, amendments, and revision history

Section, act Aug. 1, 1956, ch. 843, § 8, 70 Stat. 895, related to applicability of Federal or State tax laws to property distributions.

[§799. Repealed. Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 799

Notes, amendments, and revision history

Section, act Aug. 1, 1956, ch. 843, § 9, 70 Stat. 895, provided for protection by Secretary of minors, etc., prior to transfers or removal of restrictions on property.

[§800. Repealed. Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 800

Notes, amendments, and revision history

Section, act Aug. 1, 1956, ch. 843, § 10, 70 Stat. 895, provided for availability of tribal funds for advances or expenditures.

[§801. Repealed. Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 801

Notes, amendments, and revision history

Section, act Aug. 1, 1956, ch. 843, § 11, 70 Stat. 895, authorized Secretary to execute patents, deeds, etc., as necessary for implementation of provisions for termination of supervision.

[§802. Repealed. Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 802

Notes, amendments, and revision history

Section, act Aug. 1, 1956, ch. 843, § 12, 70 Stat. 895, provided for nonabrogation by termination of supervision of any valid lease, permit, license. etc.

[§803. Repealed. Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 803

Notes, amendments, and revision history

Section, act Aug. 1, 1956, ch. 843, § 13, 70 Stat. 896, related to procedures for termination of Federal trust over tribal and individual property.

[§804. Repealed. Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 804

Notes, amendments, and revision history

Section, act Aug. 1, 1956, ch. 843, § 14, 70 Stat. 896, provided for revocation of tribal corporate charter and termination of Federal powers over tribe.

[§805. Repealed. Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 805

Notes, amendments, and revision history

Section, act Aug. 1, 1956, ch. 843, § 15, 70 Stat. 896, provided for termination of supervision as not affecting prior claims filed by tribe against United States.

[§806. Repealed. Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 806

Notes, amendments, and revision history

Section, act Aug. 1, 1956, ch. 843, § 16, 70 Stat. 896, provided for nonabrogation by termination of supervision of tribal or individual water rights.

[§807. Repealed. Pub. L. 95–281, § 1(b)(1), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 807

Notes, amendments, and revision history

Section, act Aug. 1, 1956, ch. 843, § 17, 70 Stat. 896, authorized Secretary to issue rules and regulations and hold referendums for implementation of provisions relating to termination of supervision.

[§821. Repealed. Pub. L. 95–281, § 1(b)(2), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 821

Notes, amendments, and revision history

Section, act Aug. 2, 1956, ch. 881, § 1, 70 Stat. 937, set out purpose of former sections 821 to 826 of this title as termination of Federal supervision and services for tribe.

[§822. Repealed. Pub. L. 95–281, § 1(b)(2), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 822

Notes, amendments, and revision history

Section, act Aug. 2, 1956, ch. 881, § 2, 70 Stat. 937, related to removal of restrictions on sales or encumbrances and nature of title passed.

[§823. Repealed. Pub. L. 95–281, § 1(b)(2), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 823

Notes, amendments, and revision history

Section, act Aug. 2, 1956, ch. 881, § 3, 70 Stat. 937, related to termination of Federal trust and services.

[§824. Repealed. Pub. L. 95–281, § 1(b)(2), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 824

Notes, amendments, and revision history

Section, act Aug. 2, 1956, ch. 881, § 4, 70 Stat. 937, provided for revocation of tribal corporate charter and termination of Federal powers over tribe.

[§825. Repealed. Pub. L. 95–281, § 1(b)(2), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 825

Notes, amendments, and revision history

Section, act Aug. 2, 1956, ch. 881, § 5, 70 Stat. 938, provided for termination of supervision as not affecting prior claims filed by tribe against United States.

[§826. Repealed. Pub. L. 95–281, § 1(b)(2), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 826

Notes, amendments, and revision history

Section, act Aug. 2, 1956, ch. 881, § 6, 70 Stat. 938, related to preparation and publication of membership roll.

[§841. Repealed. Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 841

Notes, amendments, and revision history

Section, act Aug. 3, 1956, ch. 909, § 1, 70 Stat. 963, set out purpose of former sections 841 to 853 of this title as termination of Federal supervision and services for tribe.

Statutory Notes and Related Subsidiaries

Repeal of Inconsistent Laws

Act Aug. 3, 1956, ch. 909, § 13, 70 Stat. 965, which related to repeal of inconsistent Acts, etc., was repealed by Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246.

Separability

Act Aug. 3, 1956, ch. 909, § 14, 70 Stat. 965, which provided for validity of remainder of act of Aug. 3, 1956, in event of determination of invalidity of any part of such act, was repealed by Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246.

[§842. Repealed. Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 842

Notes, amendments, and revision history

Section, act Aug. 3, 1956, ch. 909, § 2, 70 Stat. 963, related to transfers of individual property to members of tribe.

[§843. Repealed. Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 843

Notes, amendments, and revision history

Section, act Aug. 3, 1956, ch. 909, § 3, 70 Stat. 963, provided for applicability of probate laws to property of deceased members.

[§844. Repealed. Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 844

Notes, amendments, and revision history

Section, act Aug. 3, 1956, ch. 909, § 4, 70 Stat. 964, provided for protection by Secretary of minors, etc., prior to transfers or removal of restrictions on property.

[§845. Repealed. Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 845

Notes, amendments, and revision history

Section, act Aug. 3, 1956, ch. 909, § 5, 70 Stat. 964, provided for availability of tribal funds for advances or expenditures.

[§846. Repealed. Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 846

Notes, amendments, and revision history

Section, act Aug. 3, 1956, ch. 909, § 6, 70 Stat. 964, authorized Secretary to execute patents, deeds, etc., as necessary for implementation of provisions for termination of supervision.

[§847. Repealed. Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 847

Notes, amendments, and revision history

Section, act Aug. 3, 1956, ch. 909, § 7, 70 Stat. 964, provided for nonabrogation by termination of supervision of any valid lease, permit, license, etc.

[§848. Repealed. Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 848

Notes, amendments, and revision history

Section, act Aug. 3, 1956, ch. 909, § 8, 70 Stat. 964, related to procedures for termination of Federal trust and services for tribe and individual members.

[§849. Repealed. Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 849

Notes, amendments, and revision history

Section, act Aug. 3, 1956, ch. 909, § 9, 70 Stat. 965, provided for revocation of tribal corporate charter and termination of Federal powers over tribe.

[§850. Repealed. Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 850

Notes, amendments, and revision history

Section, act Aug. 3, 1956, ch. 909, § 10, 70 Stat. 965, provided for termination of supervision as not affecting prior claims filed by tribe against United States.

[§851. Repealed. Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 851

Notes, amendments, and revision history

Section, act Aug. 3, 1956, ch. 909, § 11, 70 Stat. 965, provided for nonabrogation by termination of supervision of tribal or individual water rights.

[§852. Repealed. Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 852

Notes, amendments, and revision history

Section, act Aug. 3, 1956, ch. 909, § 12, 70 Stat. 965, authorized Secretary to issue rules and regulations and hold referendums for implementation of provisions relating to termination of supervision.

[§853. Repealed. Pub. L. 95–281, § 1(b)(3), May 15, 1978, 92 Stat. 246 — repealed]

25 U.S.C. § 853

Codification

Section, Pub. L. 92–586, § 5, Oct. 27, 1972, 86 Stat. 1296, which authorized the prescription of rules and regulations to carry out the provisions of former sections 883 to 883d of this title, was omitted from the Code as being of special and not general application.

[§891. Repealed. Pub. L. 93–197, § 3(b), Dec. 22, 1973, 87 Stat. 770 — repealed]

25 U.S.C. § 891

Notes, amendments, and revision history

Section, act June 17, 1954, ch. 303, § 1, 68 Stat. 250, set out purpose of former sections 891 to 902 as orderly termination of Federal supervision over property of Menominee Tribe.

Statutory Notes and Related Subsidiaries

Authorization of Appropriations

Pub. L. 89–653, § 1, Oct. 15, 1966, 80 Stat. 903, authorized appropriations for the fiscal year ending June 30, 1967, and for each of the three succeeding fiscal years to compensate Wisconsin and its political subdivisions for extraordinary expenses occasioned by the termination of Federal supervision over the Menominee Tribe of Wisconsin by the act of June 17, 1954, ch. 303, 68 Stat. 250.

[§892. Repealed. Pub. L. 93–197, § 3(b), Dec. 22, 1973, 87 Stat. 770 — repealed]

25 U.S.C. § 892

Notes, amendments, and revision history

Section, act June 17, 1954, ch. 303, § 2, 68 Stat. 250, defined “Tribe” and “Secretary”.

[§893. Repealed. Pub. L. 93–197, § 3(b), Dec. 22, 1973, 87 Stat. 770 — repealed]

25 U.S.C. § 893

Notes, amendments, and revision history

Section, act June 17, 1954, ch. 303, § 3, 68 Stat. 250, set forth procedure for inclusion on tribal membership roll prior to its closure.

[§894. Repealed. Pub. L. 93–197, § 3(b), Dec. 22, 1973, 87 Stat. 770 — repealed]

25 U.S.C. § 894

Notes, amendments, and revision history

Section, act June 17, 1954, ch. 303, § 5, 68 Stat. 251, authorized payment of $1,500 to tribal members.

[§895. Repealed. Pub. L. 93–197, § 3(b), Dec. 22, 1973, 87 Stat. 770 — repealed]

25 U.S.C. § 895

Notes, amendments, and revision history

Section, acts June 17, 1954, ch. 303, § 6, 68 Stat. 251; July 14, 1956, ch. 601, 70 Stat. 544; July 2, 1958, Pub. L. 85–488, § 1(a), 72 Stat. 290, authorized hiring of management specialists by tribe to assist tribe in studying industrial programs for reservation.

[§896. Repealed. Pub. L. 93–197, § 3(b), Dec. 22, 1973, 87 Stat. 770 — repealed]

25 U.S.C. § 896

Notes, amendments, and revision history

Section, acts June 17, 1954, ch. 303, § 7, 68 Stat. 251; July 14, 1956, ch. 604, § 1, 70 Stat. 549; July 2, 1958, Pub. L. 85–488, § 1(b), 72 Stat. 290; Sept. 8, 1960, Pub. L. 86–733, § 1, 74 Stat. 867, required tribe to formulate and submit a plan to Secretary for control of tribal property and service functions conducted by United States.

[§897. Repealed. Pub. L. 93–197, § 3(b), Dec. 22, 1973, 87 Stat. 770 — repealed]

25 U.S.C. § 897

Notes, amendments, and revision history

Section, acts June 17, 1954, ch. 303, § 8, 68 Stat. 252; July 14, 1956, ch. 604, § 2, 70 Stat. 550; July 2, 1958, Pub. L. 85–488, § 1(c), 72 Stat. 291; Sept. 8, 1960, Pub. L. 86–733, § 2, 74 Stat. 867, authorized transfer of all tribal property by Secretary on or before Apr. 30, 1961, to tribal corporation or a trustee selected by Secretary.

[§898. Repealed. Pub. L. 93–197, § 3(b), Dec. 22, 1973, 87 Stat. 770 — repealed]

25 U.S.C. § 898

Notes, amendments, and revision history

Section, acts June 17, 1954, ch. 303, § 9, 68 Stat. 252; Sept. 8, 1960, Pub. L. 86–733, § 3, 74 Stat. 867, set forth conditions for tax exemptions for distributions, conveyances, and transfer of title to assets.

[§899. Repealed. Pub. L. 93–197, § 3(b), Dec. 22, 1973, 87 Stat. 770 — repealed]

25 U.S.C. § 899

Notes, amendments, and revision history

Section, act June 17, 1954, ch. 303, § 10, 68 Stat. 252, provided for publication in Federal Register by Secretary of a proclamation of transferred property.

[§900. Repealed. Pub. L. 93–197, § 3(b), Dec. 22, 1973, 87 Stat. 770 — repealed]

25 U.S.C. § 900

Notes, amendments, and revision history

Section, act June 17, 1954, ch. 303, § 11, 68 Stat. 252, related to protection of minors, etc. by Secretary prior to transfer of tribal property.

[§901. Repealed. Pub. L. 93–197, § 3(b), Dec. 22, 1973, 87 Stat. 770 — repealed]

25 U.S.C. § 901

Notes, amendments, and revision history

Section, act June 17, 1954, ch. 303, § 12, 68 Stat. 252, authorized Secretary to promulgate rules and regulations.

[§902. Repealed. Pub. L. 93–197, § 3(b), Dec. 22, 1973, 87 Stat. 770 — repealed]

25 U.S.C. § 902

Notes, amendments, and revision history

Section, act June 17, 1954, ch. 303, § 14, as added Sept. 8, 1960, Pub. L. 86–733, § 4, 74 Stat 867, authorized contracts with Wisconsin Department of Public Instruction for completion of any vocational or undergraduate college program prior to termination of Federal responsibilities.

[§903. Omitted — omitted]

25 U.S.C. § 903

Section, Pub. L. 86–97, § 4, July 17, 1959, 73 Stat. 222, which related to payment of costs, was omitted from the Code as being of special and not general application.

[§931. Repealed. Pub. L. 103–116, § 4(c), Oct. 27, 1993, 107 Stat. 1121 — repealed]

25 U.S.C. § 931

Notes, amendments, and revision history

Section, Pub. L. 86–322, § 1, Sept. 21, 1959, 73 Stat. 592, related to publication of notice of agreement to division of assets, closure of roll, preparation of roll, protest against inclusion or omission from roll, finality of determinations, and final publication.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 103–116, § 17, Oct. 27, 1993, 107 Stat. 1138, provided that: “Except for sections 7, 8, and 12 [enacting sections 941e, 941f and 941j of this title], the provisions of this Act [enacting subchapter XLIII–A (§ 941 et seq.) of this title and provisions formerly set out as a note under section 941 of this title and repealing this subchapter] shall become effective upon the transfer of the Existing Reservation under section 12 [enacting section 941j of this title] to the Secretary.”

[In accordance with the provisions of Pub. L. 103–116, a quitclaim deed transferring the existing reservation to the United States as Trustee for the Tribe was executed on Nov. 29, 1993. This conveyance was accepted on behalf of the United States, in trust, on Jan. 19, 1994. The deed was recorded Jan. 20, 1994.]

[§932. Repealed. Pub. L. 103–116, § 4(c), Oct. 27, 1993, 107 Stat. 1121 — repealed]

25 U.S.C. § 932

Notes, amendments, and revision history

Section, Pub. L. 86–322, § 2, Sept. 21, 1959, 73 Stat. 592, related to personal property rights of enrolled members and restrictions on alienation.

[§933. Repealed. Pub. L. 103–116, § 4(c), Oct. 27, 1993, 107 Stat. 1121 — repealed]

25 U.S.C. § 933

Notes, amendments, and revision history

Section, Pub. L. 86–322, § 3, Sept. 21, 1959, 73 Stat. 592, related to distribution of tribal assets.

[§934. Repealed. Pub. L. 103–116, § 4(c), Oct. 27, 1993, 107 Stat. 1121 — repealed]

25 U.S.C. § 934

Notes, amendments, and revision history

Section, Pub. L. 86–322, § 4, Sept. 21, 1959, 73 Stat. 593, related to land surveys and execution of conveyances by Secretary and title of grantees.

[§935. Repealed. Pub. L. 103–116, § 4(c), Oct. 27, 1993, 107 Stat. 1121 — repealed]

25 U.S.C. § 935

Notes, amendments, and revision history

Section, Pub. L. 86–322, § 5, Sept. 21, 1959, 73 Stat. 593, related to revocation of tribal constitution, termination of Federal services, application of Federal and State laws, and effect on citizenship status.

[§936. Repealed. Pub. L. 103–116, § 4(c), Oct. 27, 1993, 107 Stat. 1121 — repealed]

25 U.S.C. § 936

Notes, amendments, and revision history

Section, Pub. L. 86–322, § 6, Sept. 21, 1959, 73 Stat. 593, provided that rights, privileges, and obligations under South Carolina laws would be unaffected.

[§937. Repealed. Pub. L. 103–116, § 4(c), Oct. 27, 1993, 107 Stat. 1121 — repealed]

25 U.S.C. § 937

Notes, amendments, and revision history

Section, Pub. L. 86–322, § 7, Sept. 21, 1959, 73 Stat. 593, related to applicability of Federal or State income taxes on distributed property.

[§938. Repealed. Pub. L. 103–116, § 4(c), Oct. 27, 1993, 107 Stat. 1121 — repealed]

25 U.S.C. § 938

Notes, amendments, and revision history

Section, Pub. L. 86–322, § 8, Sept. 21, 1959, 73 Stat. 594, related to education and training program, purposes, subjects, transportation, subsistence, contracts, and other education programs.

[§941. Omitted — omitted]

25 U.S.C. § 941

Notes, amendments, and revision history

Editorial Notes

Codification

Section, Pub. L. 103–116, § 2, Oct. 27, 1993, 107 Stat. 1118, which set out declaration of policy, Congressional findings, and purpose of this subchapter, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Effective Date

Section, Pub. L. 91–335, July 13, 1970, 84 Stat. 431, which related to distribution of certain judgment funds, authorized uses of such funds, and exemption of distributions from Federal and State income taxes, was omitted from the Code as being of special and not general application.

[§1212. Omitted — omitted]

25 U.S.C. § 1212

Section, Pub. L. 92–467, § 6, Oct. 6, 1972, 86 Stat. 781, which authorized the Secretary of the Interior to prescribe rules and regulations to carry out the provisions of this subchapter, was omitted from the Code as being of special and not general application.

[§1300b–11. Omitted — omitted]

25 U.S.C. § 1300b–11

Section, Pub. L. 92–468, § 6, Oct. 6, 1972, 86 Stat. 782, which authorized the Secretary of the Interior to prescribe rules and regulations to carry out the provisions of this subchapter, was omitted from the Code as being of special and not general application.

[§1300d. Omitted — omitted]

25 U.S.C. § 1300d

Section, Pub. L. 100–89, title I, § 108, Aug. 18, 1987, 101 Stat. 669; Pub. L. 112–157, § 1, Aug. 10, 2012, 126 Stat. 1213, which related to tribal membership, was omitted from the Code as being of special and not general application.

[§1300h. Omitted — omitted]

25 U.S.C. § 1300h

Notes, amendments, and revision history

Editorial Notes

Codification

Section, Pub. L. 103–434, title II, § 202, Oct. 31, 1994, 108 Stat. 4533, which provided for restoration of Federal recognition of the tribe and of all rights and privileges of the tribe and its members, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Short Title

Notes, amendments, and revision history

Editorial Notes

Codification

Section, Pub. L. 106–568, title XIV, § 1402, Dec. 27, 2000, 114 Stat. 2939, which set out congressional findings, was omitted from the Code as being of special and not general application.

Statutory Notes and Related Subsidiaries

Short Title

Section, Pub. L. 106–568, title XIV, § 1408, Dec. 27, 2000, 114 Stat. 2941, which related to ratification of a final constitution for the tribe and election of tribal officials, was omitted from the Code as being of special and not general application.

§1301. Definitions

25 U.S.C. § 1301

For purposes of this subchapter, the term—

(1)

“Indian tribe” means any tribe, band, or other group of Indians subject to the jurisdiction of the United States and recognized as possessing powers of self-government;

(2)

“powers of self-government” means and includes all governmental powers possessed by an Indian tribe, executive, legislative, and judicial, and all offices, bodies, and tribunals by and through which they are executed, including courts of Indian offenses; and means the inherent power of Indian tribes, hereby recognized and affirmed, to exercise criminal jurisdiction over all Indians;

(3)

“Indian court” means any Indian tribal court or court of Indian offense; and

(4)

“Indian” means any person who would be subject to the jurisdiction of the United States as an Indian under section 1153, title 18, if that person were to commit an offense listed in that section in Indian country to which that section applies.

Notes, amendments, and revision history

(Pub. L. 90–284, title II, § 201, Apr. 11, 1968, 82 Stat. 77; Pub. L. 101–511, title VIII, § 8077(b), (c), Nov. 5, 1990, 104 Stat. 1892.)

Editorial Notes

Amendments

1990—Par. (2). Pub. L. 101–511, § 8077(b), inserted at end “means the inherent power of Indian tribes, hereby recognized and affirmed, to exercise criminal jurisdiction over all Indians;”.

Par. (4). Pub. L. 101–511, § 8077(c), added par. (4).

Statutory Notes and Related Subsidiaries

Short Title

Title II of Pub. L. 90–284, which is classified generally to this subchapter, is popularly known as the “Indian Civil Rights Act of 1968”.

Time Limitation on Criminal Misdemeanor Jurisdiction of Tribal Courts Over Non-Member Indians

Pub. L. 101–511, title VIII, § 8077(d), Nov. 5, 1990, 104 Stat. 1893, as amended by Pub. L. 102–124, § 1, Oct. 9, 1991, 105 Stat. 616, which provided that the effects of subsecs. (b) and (c), which amended this section, as those subsections affect the criminal misdemeanor jurisdiction of tribal courts over non-member Indians have no effect after Oct. 18, 1991, was repealed by Pub. L. 102–137, Oct. 28, 1991, 105 Stat. 646. Subsequent to repeal, Pub. L. 102–172, title VIII, § 8112A(b), Nov. 26, 1991, 105 Stat. 1202, purported to amend section 8077(d) of Pub. L. 101–511 by substituting “1993” for “1991”.

§1302. Constitutional rights

25 U.S.C. § 1302

(a)

In general— No Indian tribe in exercising powers of self-government shall—

(1)

make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances;

(2)

violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized;

(3)

subject any person for the same offense to be twice put in jeopardy;

(4)

compel any person in any criminal case to be a witness against himself;

(5)

take any private property for a public use without just compensation;

(6)

deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense (except as provided in subsection (b));

(7)

(A)

require excessive bail, impose excessive fines, or inflict cruel and unusual punishments;

(B)

except as provided in subparagraph (C), impose for conviction of any 1 offense any penalty or punishment greater than imprisonment for a term of 1 year or a fine of $5,000, or both;

(C)

subject to subsection (b), impose for conviction of any 1 offense any penalty or punishment greater than imprisonment for a term of 3 years or a fine of $15,000, or both; or

(D)

impose on a person in a criminal proceeding a total penalty or punishment greater than imprisonment for a term of 9 years;

(8)

deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law;

(9)

pass any bill of attainder or ex post facto law; or

(10)

deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six persons.

(b)

Offenses subject to greater than 1-year imprisonment or a fine greater than $5,000— A tribal court may subject a defendant to a term of imprisonment greater than 1 year but not to exceed 3 years for any 1 offense, or a fine greater than $5,000 but not to exceed $15,000, or both, if the defendant is a person accused of a criminal offense who—

(1)

has been previously convicted of the same or a comparable offense by any jurisdiction in the United States; or

(2)

is being prosecuted for an offense comparable to an offense that would be punishable by more than 1 year of imprisonment if prosecuted by the United States or any of the States.

(c)

Rights of defendants— In a criminal proceeding in which an Indian tribe, in exercising powers of self-government, imposes a total term of imprisonment of more than 1 year on a defendant, the Indian tribe shall—

(1)

provide to the defendant the right to effective assistance of counsel at least equal to that guaranteed by the United States Constitution; and

(2)

at the expense of the tribal government, provide an indigent defendant the assistance of a defense attorney licensed to practice law by any jurisdiction in the United States that applies appropriate professional licensing standards and effectively ensures the competence and professional responsibility of its licensed attorneys;

(3)

require that the judge presiding over the criminal proceeding—

(A)

has sufficient legal training to preside over criminal proceedings; and

(B)

is licensed to practice law by any jurisdiction in the United States;

(4)

prior to charging the defendant, make publicly available the criminal laws (including regulations and interpretative documents), rules of evidence, and rules of criminal procedure (including rules governing the recusal of judges in appropriate circumstances) of the tribal government; and

(5)

maintain a record of the criminal proceeding, including an audio or other recording of the trial proceeding.

(d)

Sentences— In the case of a defendant sentenced in accordance with subsections (b) and (c), a tribal court may require the defendant—

(1)

to serve the sentence—

(A)

in a tribal correctional center that has been approved by the Bureau of Indian Affairs for long-term incarceration, in accordance with guidelines to be developed by the Bureau of Indian Affairs (in consultation with Indian tribes) not later than 180 days after July 29, 2010;

(B)

in the nearest appropriate Federal facility, at the expense of the United States pursuant to the Bureau of Prisons tribal prisoner pilot program described in section 304(c)¹ of the Tribal Law and Order Act of 2010;

(C)

in a State or local government-approved detention or correctional center pursuant to an agreement between the Indian tribe and the State or local government; or

(D)

in an alternative rehabilitation center of an Indian tribe; or

(2)

to serve another alternative form of punishment, as determined by the tribal court judge pursuant to tribal law.

(e)

Definition of offense— In this section, the term “offense” means a violation of a criminal law.

(f)

Effect of section— Nothing in this section affects the obligation of the United States, or any State government that has been delegated authority by the United States, to investigate and prosecute any criminal violation in Indian country.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 90–284, title II, § 202, Apr. 11, 1968, 82 Stat. 77; Pub. L. 99–570, title IV, § 4217, Oct. 27, 1986, 100 Stat. 3207–146; Pub. L. 111–211, title II, § 234(a), July 29, 2010, 124 Stat. 2279.)

Editorial Notes

References in Text

Section 304(c) of the Tribal Law and Order Act of 2010, referred to in subsec. (d)(1)(B), probably means section 234(c) of title II of Pub. L. 111–211, which is classified to section 1302a of this title. See par. (13) of H. Con. Res. 304 (111th Congress), which is not classified to the Code.

Amendments

2010—Pub. L. 111–211, § 234(a)(1), designated existing provisions as subsec. (a) and inserted subsec. heading.

Subsec. (a)(6). Pub. L. 111–211, § 234(a)(2)(A), inserted “(except as provided in subsection (b))” after “assistance of counsel for his defense”. Amendment was executed to reflect the probable intent of Congress, notwithstanding errors in the directory language in quoting the text to be inserted.

Subsec. (a)(7). Pub. L. 111–211, § 234(a)(2)(B), added par. (7) and struck out former par. (7) which read as follows: “require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of one year and a fine of $5,000, or both;”.

Subsecs. (b) to (f). Pub. L. 111–211, § 234(a)(3), added subsecs. (b) to (f).

1986—Par. (7). Pub. L. 99–570, which directed that “for a term of one year and a fine of $5,000, or both” be substituted for “for a term of six months and a fine of $500, or both”, was executed by making the substitution for “for a term of six months or a fine of $500, or both” as the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Bureau of Prisons Tribal Prisoner Pilot Program

Pub. L. 111–211, title II, § 234(c), July 29, 2010, 124 Stat. 2281, which related to establishment of tribal prisoner pilot program, was transferred to section 1302a of this title.

Purpose of 1986 Amendment

Pub. L. 99–570, title IV, § 4217, Oct. 27, 1986, 100 Stat. 3207–146, provided in part that amendment of par. (7) of this section was to “enhance the ability of tribal governments to prevent and penalize the traffic of illegal narcotics on Indian reservations”.

§1302a. Bureau of Prisons tribal prisoner program

25 U.S.C. § 1302a

(1)

In general— Not later than 120 days after March 15, 2022, the Director of the Bureau of Prisons shall establish a program under which the Bureau of Prisons shall accept offenders convicted in tribal court pursuant to section 1302 of this title (as amended by this section), subject to the conditions described in paragraph (2).

(2)

Conditions—

(A)

In general— As a condition of participation in the program described in paragraph (1), the tribal court shall submit to the Attorney General a request for confinement of the offender, for approval by the Attorney General (or a designee) by not later than 30 days after the date of submission.

(B)

Limitations— Requests for confinement shall be limited to offenders convicted of a violent crime (comparable to the violent crimes described in section 1153(a) of title 18) for which the sentence includes a term of imprisonment of 1 or more years.

(C)

Custody conditions— The imprisonment by the Bureau of Prisons shall be subject to the conditions described in section 5003 of title 18, regarding the custody of State offenders, except that the offender shall be placed in the nearest available and appropriate Federal facility, and imprisoned at the expense of the United States.

(D)

Cap— The Bureau of Prisons shall confine not more than 100 tribal offenders at any time.

(3)

Rescinding requests—

(A)

In general— The applicable tribal government shall retain the authority to rescind the request for confinement of a tribal offender by the Bureau of Prisons under this paragraph at any time during the sentence of the offender.

(B)

Return to tribal custody— On rescission of a request under subparagraph (A), a tribal offender shall be returned to tribal custody.

(4)

Reassessment— If tribal court demand for participation in this program exceeds 100 tribal offenders, a representative of the Bureau of Prisons shall notify Congress.

Notes, amendments, and revision history

(Pub. L. 111–211, title II, § 234(c), July 29, 2010, 124 Stat. 2281; Pub. L. 117–103, div. W, title VIII, § 803, Mar. 15, 2022, 136 Stat. 898.)

Editorial Notes

References in Text

Section 1302 of this title (as amended by this section), referred to in par. (1), is section 1302 of this title, as amended by section 234 of Pub. L. 111–211.

Codification

Section was formerly set out as a note under section 1302 of this title.

Section was enacted as part of the Tribal Law and Order Act of 2010, and not as part of the Indian Civil Rights Act of 1968 which comprises this subchapter.

Amendments

2022—Pub. L. 117–103, § 803(1), (2), struck out “pilot” before “program” in section catchline and wherever appearing in text.

Par. (1). Pub. L. 117–103, § 803(3), substituted “Not later than 120 days after March 15, 2022” for “Not later than 120 days after July 29, 2010”.

Par. (2)(B). Pub. L. 117–103, § 803(4), substituted “1 or more years” for “2 or more years”.

Pars. (5), (6). Pub. L. 117–103, § 803(5), struck out pars. (5) and (6) which read as follows:

“(5) Report.—Not later than 3 years after the date of establishment of the pilot program, the Attorney General shall submit to Congress a report describing the status of the program, including recommendations regarding the future of the program, if any.

“(6) Termination.—Except as otherwise provided by an Act of Congress, the pilot program under this paragraph shall expire on the date that is 4 years after the date on which the program is established.”

Statutory Notes and Related Subsidiaries

Definitions

For definition of “tribal government” as used in this section, see section 203(a) of Pub. L. 111–211, set out as a note under section 2801 of this title.

§1303. Habeas corpus

25 U.S.C. § 1303

The privilege of the writ of habeas corpus shall be available to any person, in a court of the United States, to test the legality of his detention by order of an Indian tribe.

Notes, amendments, and revision history

(Pub. L. 90–284, title II, § 203, Apr. 11, 1968, 82 Stat. 78.)

§1304. Tribal jurisdiction over covered crimes

25 U.S.C. § 1304

(a)

Definitions— In this section:

(1)

Assault of Tribal justice personnel— The term “assault of Tribal justice personnel” means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves the use, attempted use, or threatened use of physical force against an individual authorized to act for, or on behalf of, that Indian tribe or serving that Indian tribe during, or because of, the performance or duties of that individual in—

(A)

preventing, detecting, investigating, making arrests relating to, making apprehensions for, or prosecuting a covered crime;

(B)

adjudicating, participating in the adjudication of, or supporting the adjudication of a covered crime;

(C)

detaining, providing supervision for, or providing services for persons charged with a covered crime; or

(D)

incarcerating, supervising, providing treatment for, providing rehabilitation services for, or providing reentry services for persons convicted of a covered crime.

(2)

Child— The term “child” means a person who has not attained the lesser of—

(A)

the age of 18; and

(B)

except in the case of sexual abuse, the age specified by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs.

(3)

Child violence— The term “child violence” means the use, threatened use, or attempted use of violence against a child proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs.

(4)

Coercion; commercial sex act— The terms “coercion” and “commercial sex act” have the meanings given the terms in section 1591(e) of title 18.

(5)

Covered crime— The term “covered crime” means—

(A)

assault of Tribal justice personnel;

(B)

child violence;

(C)

dating violence;

(D)

domestic violence;

(E)

obstruction of justice;

(F)

sexual violence;

(G)

sex trafficking;

(H)

stalking; and

(I)

a violation of a protection order.

(6)

Dating violence— The term “dating violence” means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

(7)

Domestic violence— The term “domestic violence” means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed by—

(A)

a current or former spouse or intimate partner of the victim;

(B)

a person with whom the victim shares a child in common;

(C)

a person who is cohabitating with or who has cohabitated with the victim as a spouse or intimate partner; or

(D)

a person similarly situated to a spouse of the victim under the domestic- or family-violence laws of the Indian tribe that has jurisdiction over the Indian country where the violation occurs.

(8)

Indian country— The term “Indian country” has the meaning given the term in section 1151 of title 18.

(9)

Obstruction of justice— The term “obstruction of justice” means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves interfering with the administration or due process of the laws of the Indian tribe, including any Tribal criminal proceeding or investigation of a crime.

(10)

Participating tribe— The term “participating tribe” means an Indian tribe that elects to exercise special Tribal criminal jurisdiction over the Indian country of that Indian tribe.

(11)

Protection order— The term “protection order”—

(A)

means any injunction, restraining order, or other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; and

(B)

includes any temporary or final order issued by a civil or criminal court, whether obtained by filing an independent action or as a pendent lite order in another proceeding, if the civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.

(12)

Sex trafficking— The term “sex trafficking” means conduct within the meaning of section 1591(a) of title 18.

(13)

Sexual violence— The term “sexual violence” means any nonconsensual sexual act or contact proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs, including in any case in which the victim lacks the capacity to consent to the act.

(14)

Special Tribal criminal jurisdiction— The term “special Tribal criminal jurisdiction” means the criminal jurisdiction that a participating tribe may exercise under this section but could not otherwise exercise.

(15)

Spouse or intimate partner— The term “spouse or intimate partner” has the meaning given the term in section 2266 of title 18.

(16)

Stalking— The term “stalking” means engaging in a course of conduct directed at a specific person proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that would cause a reasonable person—

(A)

to fear for the person’s safety or the safety of others; or

(B)

to suffer substantial emotional distress.

(17)

Violation of a protection order— The term “violation of a protection order” means an act that—

(A)

occurs in the Indian country of a participating tribe; and

(B)

violates a provision of a protection order that—

(i)

prohibits or provides protection against violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person;

(ii)

was issued against the defendant;

(iii)

is enforceable by the participating tribe; and

(iv)

is consistent with section 2265(b) of title 18.

(b)

Nature of the criminal jurisdiction—

(1)

In general— Notwithstanding any other provision of law, in addition to all powers of self-government recognized and affirmed by sections 1301 and 1303 of this title, the powers of self-government of a participating tribe, including any participating tribes in the State of Maine, include the inherent power of that tribe, which is hereby recognized and affirmed, to exercise special Tribal criminal jurisdiction over all persons.

(2)

Concurrent jurisdiction— The exercise of special Tribal criminal jurisdiction by a participating tribe shall be concurrent with the jurisdiction of the United States, of a State, or of both.

(3)

Applicability— Nothing in this section—

(A)

creates or eliminates any Federal or State criminal jurisdiction over Indian country; or

(B)

affects the authority of the United States or any State government that has been delegated authority by the United States to investigate and prosecute a criminal violation in Indian country.

(4)

Exception if victim and defendant are both non-Indians—

(A)

In general— A participating tribe may not exercise special Tribal criminal jurisdiction over an alleged offense, other than obstruction of justice or assault of Tribal justice personnel, if neither the defendant nor the alleged victim is an Indian.

(B)

Definition of victim— In this paragraph and with respect to a criminal proceeding in which a participating tribe exercises special Tribal criminal jurisdiction based on a violation of a protection order, the term “victim” means a person specifically protected by a protection order that the defendant allegedly violated.

(c)

Criminal conduct— A participating tribe may exercise special Tribal criminal jurisdiction over a defendant for a covered crime that occurs in the Indian country of the participating tribe.

(d)

Rights of defendants— In a criminal proceeding in which a participating tribe exercises special Tribal criminal jurisdiction, the participating tribe shall provide to the defendant—

(1)

all applicable rights under this Act;

(2)

if a term of imprisonment of any length may be imposed, all rights described in section 1302(c) of this title;

(3)

the right to a trial by an impartial jury that is drawn from sources that—

(A)

reflect a fair cross section of the community; and

(B)

do not systematically exclude any distinctive group in the community, including non-Indians; and

(4)

all other rights whose protection is necessary under the Constitution of the United States in order for Congress to recognize and affirm the inherent power of the participating tribe to exercise special Tribal criminal jurisdiction over the defendant.

(e)

Petitions to stay detention—

(1)

In general— A person who has filed a petition for a writ of habeas corpus in a court of the United States under section 1303 of this title may petition that court to stay further detention of that person by the participating tribe.

(2)

Grant of stay— A court shall grant a stay described in paragraph (1) if the court—

(A)

finds that there is a substantial likelihood that the habeas corpus petition will be granted; and

(B)

after giving each alleged victim in the matter an opportunity to be heard, finds by clear and convincing evidence that under conditions imposed by the court, the petitioner is not likely to flee or pose a danger to any person or the community if released.

(f)

Petitions for writs of habeas corpus—

(1)

In general— After a defendant has been sentenced by a participating tribe, the defendant may file a petition for a writ of habeas corpus in a court of the United States under section 1303 of this title.

(2)

Requirement— An application for a writ of habeas corpus on behalf of a person in custody pursuant to an order of a Tribal court shall not be granted unless —

(A)

the applicant has exhausted the remedies available in the Tribal court system;

(B)

there is an absence of an available Tribal corrective process; or

(C)

circumstances exist that render the Tribal corrective process ineffective to protect the rights of the applicant.

(g)

Notice; habeas corpus petitions— A participating tribe that has ordered the detention of any person has a duty to timely notify in writing such person of their rights and privileges under this section and under section 1303 of this title.

(h)

Reimbursement and grants to Tribal governments—

(1)

Reimbursement—

(A)

In general— The Attorney General may reimburse Tribal government authorities (or an authorized designee of a Tribal government) for expenses incurred in exercising special Tribal criminal jurisdiction.

(B)

Eligible expenses— Eligible expenses for reimbursement under subparagraph (A) shall include expenses and costs incurred in, relating to, or associated with—

(i)

investigating, making arrests relating to, making apprehensions for, or prosecuting covered crimes (including costs involving the purchasing, collecting, and processing of sexual assault forensic materials);

(ii)

detaining, providing supervision of, or providing services for persons charged with covered crimes (including costs associated with providing health care);

(iii)

providing indigent defense services for 1 or more persons charged with 1 or more covered crimes; and

(iv)

incarcerating, supervising, or providing treatment, rehabilitation, or reentry services for 1 or more persons charged with 1 or more covered crimes.

(C)

Procedure—

(i)

In general— Reimbursements authorized under subparagraph (A) shall be in accordance with rules promulgated by the Attorney General, after consultation with Indian tribes, and within 1 year after March 15, 2022.

(ii)

Maximum reimbursement— The rules promulgated by the Attorney General under clause (i)—

(I)

shall set a maximum allowable reimbursement to any Tribal government (or an authorized designee of any Tribal government) in a 1-year period; and

(II)

may allow the Attorney General—

(aa)

to establish conditions under which a Tribal government (or an authorized designee of a Tribal government) may seek a waiver to the maximum allowable reimbursement requirement established under subclause (I); and

(bb)

to waive the maximum allowable reimbursement requirements established under subclause (I) for a Tribal government (or an authorized designee of a Tribal government) if the conditions established by the Attorney General under item (aa) are met by that Tribal government (or authorized designee).

(iii)

Timeliness of reimbursements— To the maximum extent practicable, the Attorney General shall—

(I)

not later than 90 days after the date on which the Attorney General receives a qualifying reimbursement request from a Tribal government (or an authorized designee of a Tribal government)—

(aa)

reimburse the Tribal government (or authorized designee); or

(bb)

notify the Tribal government (or authorized designee) of the reason by which the Attorney General was unable to issue the reimbursement; and

(II)

not later than 30 days after the date on which a Tribal government (or an authorized designee of a Tribal government) reaches the annual maximum allowable reimbursement for the Tribal government (or an authorized designee) established by the Attorney General under clause (ii)(I), notify the Tribal government (or authorized designee) that the Tribal government has reached its annual maximum allowable reimbursement.

(D)

Eligibility for participating tribes in Alaska— A Tribal government (or an authorized designee of a Tribal Government) of an Indian tribe designated as a participating Tribe under subtitle B of title VIII of the Violence Against Women Act Reauthorization Act of 2022 shall be eligible for reimbursement, in accordance with this paragraph, of expenses incurred in exercising special Tribal criminal jurisdiction under that subtitle.

(2)

Grants— The Attorney General may award grants to Tribal governments (or authorized designees of Tribal governments), including a Tribal government (or an authorized designee of a Tribal government) of an Indian tribe designated as a participating Tribe under subtitle B of title VIII of the Violence Against Women Act Reauthorization Act of 2022—

(A)

to strengthen Tribal criminal justice systems to assist Indian tribes in exercising special Tribal criminal jurisdiction, including for—

(i)

law enforcement (including the capacity of law enforcement, court personnel, or other non-law enforcement entities that have no Federal or State arrest authority agencies but have been designated by an Indian tribe as responsible for maintaining public safety within the territorial jurisdiction of the Indian tribe, to enter information into and obtain information from national crime information databases);

(ii)

prosecution;

(iii)

trial and appellate courts (including facilities maintenance, renovation, and rehabilitation);

(iv)

supervision systems;

(v)

detention and corrections (including facilities maintenance, renovation, and rehabilitation);

(vi)

treatment, rehabilitation, and reentry programs and services;

(vii)

culturally appropriate services and assistance for victims and their families; and

(viii)

criminal codes and rules of criminal procedure, appellate procedure, and evidence;

(B)

to provide indigent criminal defendants with licensed defense counsel, at no cost to the defendant, in criminal proceedings in which a participating tribe prosecutes covered crimes;

(C)

to ensure that, in criminal proceedings in which a participating tribe exercises special Tribal criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements; and

(D)

to accord victims of covered crimes rights that are similar to the rights of a crime victim described in section 3771(a) of title 18 consistent with Tribal law and custom.

(i)

Supplement, not supplant— Amounts made available under this section shall supplement and not supplant any other Federal, State, or local government amounts made available to carry out activities described in this section.

(j)

Authorization of appropriations—

(1)

In general— There is authorized to be appropriated $25,000,000 for each of fiscal years 2023 through 2027—

(A)

to carry out subsection (h); and

(B)

to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes.

(2)

Limitations— Of the total amount made available under paragraph (1) for each fiscal year, not more than 40 percent shall be used for reimbursements under subsection (h)(1).

Notes, amendments, and revision history

(Pub. L. 90–284, title II, § 204, as added Pub. L. 113–4, title IX, § 904, Mar. 7, 2013, 127 Stat. 120; amended Pub. L. 117–103, div. W, title VIII, § 804, Mar. 15, 2022, 136 Stat. 898.)

Editorial Notes

References in Text

This Act, referred to in subsec. (d)(1), probably means title II of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 77, popularly known as the Indian Civil Rights Act of 1968, which is classified generally to this subchapter.

Subtitle B of title VIII of the Violence Against Women Act Reauthorization Act of 2022, referred to in subsec. (h)(1)(D), (2), is subtitle B (§§ 811–813) of title VIII of div. W of Pub. L. 117–103, Mar. 15, 2022, 136 Stat. 904, which enacted section 1305 of this title and provisions set out as notes under section 1305 of this title. For complete classification of subtitle B to the Code, see Tables.

Amendments

2022—Pub. L. 117–103, § 804(1), (2), substituted “covered crimes” for “crimes of domestic violence” in section catchline and, in text, substituted “special Tribal criminal jurisdiction” for “special domestic violence criminal jurisdiction” wherever appearing.

Subsec. (a)(1) to (5). Pub. L. 117–103, § 804(3)(B), added pars. (1) to (5). Former pars. (1) to (5) redesignated (6) to (8), (10), and (11), respectively.

Subsec. (a)(6). Pub. L. 117–103, § 804(3)(A), (C), redesignated par. (1) as (6) and substituted “any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed” for “violence committed”. Former par. (6) redesignated (14).

Subsec. (a)(7). Pub. L. 117–103, § 804(3)(D), added par. (7) and struck out former par. (7). Prior to amendment, text defined the term “domestic violence”.

Pub. L. 117–103, § 804(3)(A), redesignated par. (2) as (7). Former par. (7) redesignated (15).

Subsec. (a)(8). Pub. L. 117–103, § 804(3)(A), redesignated par. (3) as (8).

Subsec. (a)(9). Pub. L. 117–103, § 804(3)(E), added par. (9).

Subsec. (a)(10), (11). Pub. L. 117–103, § 804(3)(A), redesignated pars. (4) and (5) as (10) and (11), respectively.

Subsec. (a)(12), (13). Pub. L. 117–103, § 804(3)(F), added pars. (12) and (13).

Subsec. (a)(14). Pub. L. 117–103, § 804(3)(A), (G), redesignated par. (6) as (14) and substituted “Special tribal criminal jurisdiction” for “Special domestic violence criminal jurisdiction” in heading.

Subsec. (a)(15). Pub. L. 117–103, § 804(3)(A), redesignated par. (7) as (15).

Subsec. (a)(16), (17). Pub. L. 117–103, § 804(3)(H), added pars. (16) and (17).

Subsec. (b)(1). Pub. L. 117–103, § 804(4), inserted “, including any participating tribes in the State of Maine,” after “the powers of self-government of a participating tribe”.

Subsec. (b)(4). Pub. L. 117–103, § 804(5), substituted “Exception if victim and defendant are both non-Indians” for “Exceptions” in par. heading and “In general” for “Victim and defendant are both non-Indians” in subpar. (A) heading, struck out cl. (i) designation and heading before “A participating”, inserted “, other than obstruction of justice or assault of Tribal justice personnel,” after “over an alleged offense”, redesignated cl. (ii) of subpar. (A) as subpar. (B), substituted “paragraph” for “subparagraph”, and struck out former subpar. (B) which related to defendant lacking ties to the Indian tribe.

Subsec. (c). Pub. L. 117–103, § 804(6), added subsec. (c) and struck out former subsec. (c) which related to categories of criminal conduct in which a participating tribe may exercise special domestic violence criminal jurisdiction over a defendant.

Subsec. (e)(3). Pub. L. 117–103, § 804(7), struck out par. (3). Prior to amendment, text read as follows: “An Indian tribe that has ordered the detention of any person has a duty to timely notify such person of his rights and privileges under this subsection and under section 1303 of this title.”

Subsecs. (f) to (j). Pub. L. 117–103, § 804(8), added subsecs. (f) to (j) and struck out former pars. (f) to (h), which related to grants to tribal governments, requirement that amounts made available supplement not supplant other funding, and authorization of appropriations for fiscal years 2014 through 2018, respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.

Effective Dates; Pilot Project

Pub. L. 113–4, title IX, § 908, Mar. 7, 2013, 127 Stat. 125, provided that: General Effective Date.—Except as provided in section 4 [18 U.S.C. 2261 note] and subsection (b) of this section, the amendments made by this title [see Tables for classification] shall take effect on the date of enactment of this Act [Mar. 7, 2013].Effective Date for Special Domestic-violence Criminal Jurisdiction.— In general.—Except as provided in paragraph (2), subsections (b) through (d) of section 204 of Public Law 90–284 [25 U.S.C. 1304(b)–(d)] (as added by section 904) shall take effect on the date that is 2 years after the date of enactment of this Act [Mar. 7, 2013].Pilot project.— In general.—At any time during the 2-year period beginning on the date of enactment of this Act, an Indian tribe may ask the Attorney General to designate the tribe as a participating tribe under section 204(a) of Public Law 90–284 [25 U.S.C. 1304(a)] on an accelerated basis. Procedure.—The Attorney General may grant a request under subparagraph (A) after coordinating with the Secretary of the Interior, consulting with affected Indian tribes, and concluding that the criminal justice system of the requesting tribe has adequate safeguards in place to protect defendants’ rights, consistent with section 204 of Public Law 90–284 [25 U.S.C. 1304]. Effective dates for pilot projects.—An Indian tribe designated as a participating tribe under this paragraph may commence exercising special domestic violence criminal jurisdiction pursuant to subsections (b) through (d) of section 204 of Public Law 90–284 on a date established by the Attorney General, after consultation with that Indian tribe, but in no event later than the date that is 2 years after the date of enactment of this Act.”

Findings and Purposes

Pub. L. 117–103, div. W, title VIII, § 801, Mar. 15, 2022, 136 Stat. 895, provided that: Findings.—Congress finds that— American Indians and Alaska Natives are— 2.5 times as likely to experience violent crimes; and at least 2 times more likely to experience rape or sexual assault crimes; more than 4 in 5 American Indian and Alaska Native women have experienced violence in their lifetime; the vast majority of American Indian and Alaska Native victims of violence—96 percent of women victims and 89 percent of male victims—have experienced sexual violence by a non-Indian perpetrator at least once in their lifetime; Indian Tribes exercising special domestic violence criminal jurisdiction over non-Indians pursuant to section 204 of Public Law 90–284 (25 U.S.C. 1304) (commonly known as the ‘Indian Civil Rights Act of 1968’), restored by section 904 of the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 120), have reported significant success holding violent offenders accountable for crimes of domestic violence, dating violence, and civil protection order violations; Tribal prosecutors for Indian Tribes exercising special domestic violence criminal jurisdiction report that the majority of domestic violence cases involve children either as witnesses or victims, and the Department of Justice reports that American Indian and Alaska Native children suffer exposure to violence at one of the highest rates in the United States; childhood exposure to violence can have immediate and long-term effects, including increased rates of altered neurological development, poor physical and mental health, poor school performance, substance abuse, and overrepresentation in the juvenile justice system; according to the Centers for Disease Control and Prevention, homicide is— the third leading cause of death among American Indian and Alaska Native women between 10 and 24 years of age; and the fifth leading cause of death for American Indian and Alaska Native women between 25 and 34 years of age; in some areas of the United States, Native American women are murdered at rates more than 10 times the national average; according to a 2017 report by the Department of Justice, 66 percent of criminal prosecutions for crimes in Indian country that United States Attorneys declined to prosecute involved assault, murder, or sexual assault; investigation into cases of missing or murdered Indigenous women is made difficult for Tribal law enforcement agencies due to a lack of resources, including a lack of— necessary personnel, training, equipment, or funding; interagency cooperation; appropriate laws in place; and access to Federal law enforcement databases; domestic violence calls are among the most dangerous calls that law enforcement receives; the complicated jurisdictional scheme that exists in Indian country— has a significant impact on public safety in Indian communities; according to Tribal justice officials, has been increasingly exploited by criminals; and requires a high degree of commitment and cooperation among Tribal, Federal, and State law enforcement officials; restoring and enhancing Tribal capacity to address violence against women provides for greater local control, safety, accountability, and transparency; Indian Tribes with restrictive settlement Acts, such as Indian Tribes in the State of Maine, and Indian Tribes located in States with concurrent authority to prosecute crimes in Indian country under the amendments made by the Act of August 15, 1953 (67 Stat. 590, chapter 506), face unique public safety challenges; and Native Hawaiians experience a disproportionately high rate of human trafficking, with 64 percent of human trafficking victims in the State of Hawai’i identifying as at least part Native Hawaiian. Purposes.—The purposes of this subtitle [subtitle A (§§ 801–804) of title VIII of div. W of Pub. L. 117–103, see Tables for classification] are— to clarify the responsibilities of Federal, State, Tribal, and local law enforcement agencies with respect to responding to cases of domestic violence, dating violence, stalking, sex trafficking, sexual violence, crimes against children, and assault against Tribal law enforcement officers; to increase coordination and communication among Federal, State, Tribal, and local law enforcement agencies; to empower Tribal governments and Native American communities, including urban Indian communities and Native Hawaiian communities, with the resources and information necessary to effectively respond to cases of domestic violence, dating violence, stalking, sex trafficking, sexual violence, and missing or murdered Native Americans; and to increase the collection of data related to missing or murdered Native Americans and the sharing of information among Federal, State, Tribal, and local officials responsible for responding to and investigating crimes impacting Indian Tribes and Native American communities, including urban Indian communities and Native Hawaiian communities, especially crimes relating to cases of missing or murdered Native Americans.”

[For definitions of terms used in section 801 of div. W of Pub. L. 117–103, set out above, see section 12291 of Title 34, Crime Control and Law Enforcement, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of Title 34].

§1305. Tribal jurisdiction in Alaska

25 U.S.C. § 1305

(a)

In general— Subject to title II of Public Law 90–284 (25 U.S.C. 1301 et seq.) (commonly known as the “Indian Civil Rights Act of 1968”), Congress recognizes and affirms the inherent authority of any Indian tribe occupying a Village in the State to exercise criminal and civil jurisdiction over all Indians present in the Village.

(b)

Tribal civil jurisdiction to enforce protection orders—

(1)

In general— A court of any Indian tribe in the State shall have full civil jurisdiction to issue and enforce protection orders involving any person in matters—

(A)

arising within the Village of the Indian tribe; or

(B)

otherwise within the authority of the Indian tribe.

(2)

Inclusions— The full civil jurisdiction to issue and enforce protection orders under paragraph (1) includes the authority to enforce protection orders through—

(A)

civil contempt proceedings;

(B)

exclusion of violators from the Village of the Indian tribe; and

(C)

other appropriate mechanisms.

(c)

Special Tribal criminal jurisdiction—

(1)

In general— Notwithstanding any other provision of law, in addition to all powers of self-government recognized and affirmed under subsection (a), the powers of self-government of a participating Tribe include the inherent power of the participating Tribe, which is hereby recognized and affirmed, to exercise special Tribal criminal jurisdiction over a defendant for a covered crime that occurs in the Village of the participating Tribe.

(2)

Concurrent jurisdiction— The exercise of special Tribal criminal jurisdiction by a participating Tribe shall be concurrent with the jurisdiction of the United States, the State, or both.

(3)

Exception if victim and defendant are both non-Indians—

(A)

In general— A participating Tribe may not exercise special Tribal criminal jurisdiction over an alleged offense of a covered crime, other than obstruction of justice or assault of Tribal justice personnel, if neither the defendant nor the alleged victim is an Indian.

(B)

Definition of victim— In this paragraph and with respect to a criminal proceeding in which a participating Tribe exercises special Tribal criminal jurisdiction based on a violation of a protection order, the term “victim” means a person specifically protected by the protection order that the defendant allegedly violated.

(d)

Pilot program for special Tribal criminal jurisdiction over persons who are not Indians—

(1)

Establishment— Subject to title II of Public Law 90–284 (25 U.S.C. 1301 et seq.) (commonly known as the “Indian Civil Rights Act of 1968”), there is established a pilot program under which the Attorney General, subject to paragraph (5), shall designate not more than 5 Indian tribes per calendar year as participating Tribes to exercise the special Tribal criminal jurisdiction described in paragraph (6) over all persons present in the Village of the Indian tribe.

(2)

Procedure— At any time during the 1-year period beginning on March 15, 2022, and annually thereafter, an Indian tribe may request the Attorney General to designate the Indian tribe as a participating Tribe under paragraph (1).

(3)

Designation of participating tribes—

(A)

In general— The Attorney General, in consultation with the Secretary of the Interior and affected Indian tribes, shall establish a process to designate Indian tribes to participate in the pilot program, which process shall—

(i)

require that preference shall be given to Indian tribes occupying Villages—

(I)

the populations of which are predominantly Indian; and

(II)

that lack a permanent State law enforcement physical presence;

(ii)

require that for each Indian tribe requesting to be designated as a participating Tribe, the Attorney General makes a determination that the criminal justice system of the Indian tribe has adequate safeguards in place to protect defendants’ rights, consistent with section 204(d) of Public Law 90–284 (25 U.S.C. 1304(d)) (commonly known as the “Indian Civil Rights Act of 1968”); and

(iii)

be subject to such other criteria as the Attorney General considers to be appropriate to achieve the purposes of this subtitle.

(B)

Designation— The Attorney General shall designate Indian tribes to participate in the pilot program under paragraph (1) using the process established under subparagraph (A).

(4)

Intertribal participation—

(A)

In general— 2 or more participating Tribes (or the Tribal organization (as defined in section 5304 of this title) of the participating Tribe, if the Tribal organization is exercising delegated authority from the participating Tribe)—

(i)

may elect to participate jointly in the pilot program by providing shared resources to carry out the purposes of the pilot program; and

(ii)

on making an election pursuant to clause (i), shall be considered to be a single participating Tribe for purposes of the maximum number of participating Tribes under paragraphs (1) and (5).

(B)

Additional participating tribes—

(i)

In general— Additional participating Tribes may elect to join an established intertribal partnership under subparagraph (A) at any time after the intertribal partnership is established.

(ii)

Application— An intertribal partnership that additional participating Tribes elect to join pursuant to clause (i) shall be considered to be a single participating Tribe for purposes of the maximum number of participating Tribes under paragraphs (1) and (5).

(5)

Maximum number of participating tribes—

(A)

In general— Except as provided in subparagraph (B), the Attorney General may designate not more than 30 Indian tribes to participate in the pilot program.

(B)

Exception— The limitation under subparagraph (A) shall not apply if the Attorney General submits to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives, and publishes in the Federal Register, a written notice of the intention to designate additional Indian tribes as participating Tribes, including the rationale for the designation, by not later than the date that is 180 days before the date of designation.

(6)

Description of jurisdiction— Congress recognizes and affirms that an Indian tribe selected to participate in the pilot program as a participating Tribe may exercise, subject to paragraph (7), special Tribal criminal jurisdiction with respect to covered crimes.

(7)

Rights of defendants— In exercising special Tribal criminal jurisdiction under the pilot program, a participating Tribe shall provide to each defendant all rights described in section 204(d) of Public Law 90–284 (25 U.S.C. 1304(d)) (commonly known as the “Indian Civil Rights Act of 1968”).

(e)

Sentences— In a criminal proceeding in which an Indian court of a participating Tribe, in exercising special Tribal criminal jurisdiction with respect to a covered crime, imposes a sentence of imprisonment of more than 1 year on a defendant pursuant to section 202(b) of Public Law 90–284 (25 U.S.C. 1302(b)) (commonly known as the “Indian Civil Rights Act of 1968”), the Indian court may require the defendant—

(1)

to serve a sentence—

(A)

in a Tribal correctional center that has been approved by the Bureau of Indian Affairs for long-term incarceration, in accordance with guidelines set by the Bureau of Indian Affairs;

(B)

at the expense of the United States, in the nearest appropriate Federal facility pursuant to the Bureau of Prisons Tribal Prisoner Program established under section 1302a(c)(1) of this title; or

(C)

at the expense of the participating Tribe and, subject to section 204(f)(1) of Public Law 90–284 (25 U.S.C. 1304(f)(1)) (commonly known as the “Indian Civil Rights Act of 1968”), reimbursable by the Attorney General, in a detention or correctional center approved by the State or a local government of the State pursuant to a memorandum of agreement between the participating Tribe and the State or local government of the State; or

(2)

to serve another alternative form of punishment, as determined by the Indian court pursuant to Tribal law.

(f)

Memoranda of agreement— The Attorney General and the Secretary of the Interior may enter into such memoranda of agreement with participating Tribes and the State as are necessary and appropriate—

(1)

to coordinate respective law enforcement activities;

(2)

to share equipment and other resources;

(3)

to establish cross-deputization arrangements;

(4)

to coordinate appropriate training activities; and

(5)

to address any other matters that will facilitate the successful implementation of the pilot program, including intergovernmental agreements regarding—

(A)

the incarceration of convicted persons; and

(B)

cooperation in the investigation and prosecution of crimes.

(g)

Alaska Tribal Public Safety Advisory Committee—

(1)

Establishment— Not later than 1 year March 15, 2022, the Attorney General, in consultation with the Secretary of the Interior, affected Indian tribes, and the State, shall establish a committee, to be known as the “Alaska Tribal Public Safety Advisory Committee” (referred to in this subsection as the “Committee”).

(2)

Membership— The Committee shall consist of 1 or more representatives from—

(A)

participating Tribes and Indian tribes aspiring to participate in the pilot program;

(B)

Federal, Tribal, State, and local law enforcement; and

(C)

Tribal nonprofit organizations providing victim services.

(3)

Duties— The Committee shall focus on—

(A)

improving the justice systems, crime prevention, and victim services of Indian tribes and the State; and

(B)

increasing coordination and communication among Federal, Tribal, State, and local law enforcement agencies.

(4)

Travel expenses— A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the Committee.

(5)

Nonapplicability of FACA— The Federal Advisory Committee Act (5 U.S.C. App.)¹ shall not apply to the Committee.

(6)

Authorization of appropriations— There are authorized to be appropriated to carry out this subsection such sums as may be necessary for the period of fiscal years 2023 through 2027, to remain available until expended.

(h)

Report to Congress— Not later than 5 years after March 15, 2022, the Attorney General, in consultation with the Secretary of the Interior and affected Indian tribes, shall submit to Congress a report describing the results of the pilot program, including an explanation of any modifications to law necessary to facilitate improved law enforcement in Villages.

(i)

Applicability— Nothing in this subtitle—

(1)

limits, alters, expands, or diminishes the civil or criminal jurisdiction of the United States, the State, any subdivision of the State, or any Indian tribe in the State;

(2)

creates or eliminates any Federal or State criminal jurisdiction over a Village; or

(3)

affects the authority of the United States or any authority delegated by the United States to the State to investigate and prosecute a criminal violation in a Village.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 117–103, div. W, title VIII, § 813, Mar. 15, 2022, 136 Stat. 906.)

Editorial Notes

References in Text

The Indian Civil Rights Act of 1968, referred to in subsecs. (a) and (d)(1), is title II of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 77, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.

This subtitle, referred to in subsecs. (d)(3)(A)(iii) and (i), is subtitle B (§§ 811–813) of title VIII of div. W of Pub. L. 117–103, Mar. 15, 2022, 136 Stat. 904, which enacted this section and provisions set out as notes below. For complete classification of subtitle B to the Code, see Tables.

The Federal Advisory Committee Act, referred to in subsec. (g)(5), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

Codification

Section was enacted as part of the Violence Against Women Act Reauthorization Act of 2022, and not as part of Indian Civil Rights Act of 1968 which comprises this subchapter.

Statutory Notes and Related Subsidiaries

Effective Date

Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade.

Findings; Purposes

Pub. L. 117–103, div. W, title VIII, § 811, Mar. 15, 2022, 136 Stat. 904, provided that: Findings.—Congress finds that— according to the report of the Indian Law and Order Commission established by section 15 of the Indian Law Enforcement Reform Act (25 U.S.C. 2812), Alaska Native women— are overrepresented in the domestic violence victim population by 250 percent; in the State of Alaska, comprise— 19 percent of the population of the State; but 47 percent of reported rape victims in the State; and as compared to the populations of other Indian Tribes, suffer the highest rates of domestic and sexual violence; most Alaska Native villages are located in remote areas that— are often inaccessible by road; and have no local law enforcement presence; the Commission referred to in paragraph (1)— determined that the Alaska Department of Public Safety— has primary responsibility for law enforcement in rural Alaska; but provides only 1 to 1.4 field officers per 1,000,000 acres; and recommended that ‘devolving authority to Alaska Native communities is essential for addressing local crime. Their governments are best positioned to effectively arrest, prosecute, and punish, and they should have the authority to do so-or to work out voluntary agreements with each other, and with local governments and the State on mutually beneficial terms’; and the unique legal relationship of the United States to Indian Tribes creates a Federal trust responsibility to assist Tribal governments in safeguarding the lives of Indian women. Purposes.—The purposes of this subtitle [subtitle B (§§ 811–813) of title VIII of div. W of Pub. L. 117–103, Mar. 15, 2022, 136 Stat. 904, which enacted this section and provisions set out as a note below] are— to increase coordination and communication among Federal, State, Tribal, and local law enforcement agencies; and to empower Indian Tribes to effectively respond to cases of domestic violence, dating violence, stalking, sex trafficking, sexual violence, and missing or murdered Alaska Natives through the exercise of special Tribal criminal jurisdiction.”

[For definitions of terms used in section 811 of div. W of Pub. L. 117–103, set out above, see section 12291 of Title 34, Crime Control and Law Enforcement, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of Title 34].

Definitions

For definitions of terms used in this section, see section 12291 of Title 34, Crime Control and Law Enforcement, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of Title 34.

Pub. L. 117–103, div. W, title VIII, § 812, Mar. 15, 2022, 136 Stat. 905, provided that: “In this subtitle [subtitle B (§§ 811–813) of title VIII of div. W of Pub. L. 117–103, Mar. 15, 2022, 136 Stat. 904, which enacted this section and provisions set out as a note above]:Assault of tribal justice personnel; covered crime; obstruction of justice; protection order; violation of a protection order.— In general.—The terms ‘assault of Tribal justice personnel’, ‘covered crime’, ‘obstruction of justice’, ‘protection order’, and ‘violation of a protection order’ have the meanings given the terms in section 204(a) of Public Law 90–284 (25 U.S.C. 1304(a)) (commonly known as the ‘Indian Civil Rights Act of 1968’). Application.—For purposes of the application of the definitions of ‘assault of Tribal justice personnel’, ‘obstruction of justice’, and ‘violation of a protection order’, and for purposes of the application of the defined terms contained in the definition of ‘covered crime’, under section 204(a) of Public Law 90–284 (25 U.S.C. 1304(a)) (commonly known as the ‘Indian Civil Rights Act of 1968’) to the pilot program, the Attorney General shall modify any reference to ‘Indian country’ to mean the Village of a participating Tribe. Indian; Indian court; Indian tribe; powers of self-government.—The terms ‘Indian’, ‘Indian court’, ‘Indian tribe’, and ‘powers of self-government’ have the meanings given the terms in section 201 of Public Law 90–284 (25 U.S.C. 1301) (commonly known as the ‘Indian Civil Rights Act of 1968’). Participating tribe.— The term ‘participating Tribe’ means an Indian tribe that is designated under section 813(d)(1) [25 U.S.C. 1305(d)(1)] as a participating Tribe to exercise special Tribal criminal jurisdiction. Pilot program.—The term ‘pilot program’ means the pilot program established by section 813(d)(1). Special tribal criminal jurisdiction.—The term ‘special Tribal criminal jurisdiction’ means the criminal jurisdiction that a participating Tribe may exercise under this subtitle but could not otherwise exercise. State.—The term ‘State’ means the State of Alaska. Village.—The term ‘Village’ means the Alaska Native Village Statistical Area covering all or any portion of a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)), as depicted on the applicable Tribal Statistical Area Program Verification map of the Bureau of the Census.”

§1311. Model code

25 U.S.C. § 1311

The Secretary of the Interior is authorized and directed to recommend to the Congress, on or before July 1, 1968, a model code to govern the administration of justice by courts of Indian offenses on Indian reservations. Such code shall include provisions which will (1) assure that any individual being tried for an offense by a court of Indian offenses shall have the same rights, privileges, and immunities under the United States Constitution as would be guaranteed any citizen of the United States being tried in a Federal court for any similar offense, (2) assure that any individual being tried for an offense by a court of Indian offenses will be advised and made aware of his rights under the United States Constitution, and under any tribal constitution applicable to such individual, (3) establish proper qualifications for the office of judge of the court of Indian offenses, and (4) provide for the establishing of educational classes for the training of judges of courts of Indian offenses. In carrying out the provisions of this subchapter, the Secretary of the Interior shall consult with the Indians, Indian tribes, and interested agencies of the United States.

Notes, amendments, and revision history

(Pub. L. 90–284, title III, § 301, Apr. 11, 1968, 82 Stat. 78.)

§1312. Authorization of appropriations

25 U.S.C. § 1312

There is hereby authorized to be appropriated such sum as may be necessary to carry out the provisions of this subchapter.

Notes, amendments, and revision history

(Pub. L. 90–284, title III, § 302, Apr. 11, 1968, 82 Stat. 78.)

§1321. Assumption by State of criminal jurisdiction

25 U.S.C. § 1321

(a)

Consent of United States—

(1)

In general— The consent of the United States is hereby given to any State not having jurisdiction over criminal offenses committed by or against Indians in the areas of Indian country situated within such State to assume, with the consent of the Indian tribe occupying the particular Indian country or part thereof which could be affected by such assumption, such measure of jurisdiction over any or all of such offenses committed within such Indian country or any part thereof as may be determined by such State to the same extent that such State has jurisdiction over any such offense committed elsewhere within the State, and the criminal laws of such State shall have the same force and effect within such Indian country or part thereof as they have elsewhere within that State.

(2)

Concurrent jurisdiction— At the request of an Indian tribe, and after consultation with and consent by the Attorney General, the United States shall accept concurrent jurisdiction to prosecute violations of sections 1152 and 1153 of title 18 within the Indian country of the Indian tribe.

(b)

Alienation, encumbrance, taxation, and use of property; hunting, trapping, or fishing— Nothing in this section shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner inconsistent with any Federal treaty, agreement, or statute or with any regulation made pursuant thereto; or shall deprive any Indian or any Indian tribe, band, or community of any right, privilege, or immunity afforded under Federal treaty, agreement, or statute with respect to hunting, trapping, or fishing or the control, licensing, or regulation thereof.

Notes, amendments, and revision history

(Pub. L. 90–284, title IV, § 401, Apr. 11, 1968, 82 Stat. 78; Pub. L. 111–211, title II, § 221(a), July 29, 2010, 124 Stat. 2271.)

Editorial Notes

Amendments

2010—Pub. L. 111–211 substituted “Assumption by State of criminal jurisdiction” for “Assumption by State” in section catchline, inserted subsec. (a) heading, inserted par. (1) designation and heading, and added par. (2). Amendment to section catchline was executed as the probable intent of Congress, notwithstanding directory language which erroneously directed the amendment to subsec. (a).

§1322. Assumption by State of civil jurisdiction

25 U.S.C. § 1322

(a)

Consent of United States; force and effect of civil laws— The consent of the United States is hereby given to any State not having jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the areas of Indian country situated within such State to assume, with the consent of the tribe occupying the particular Indian country or part thereof which would be affected by such assumption, such measure of jurisdiction over any or all such civil causes of action arising within such Indian country or any part thereof as may be determined by such State to the same extent that such State has jurisdiction over other civil causes of action, and those civil laws of such State that are of general application to private persons or private property shall have the same force and effect within such Indian country or part thereof as they have elsewhere within that State.

(b)

Alienation, encumbrance, taxation, use, and probate of property— Nothing in this section shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner inconsistent with any Federal treaty, agreement, or statute, or with any regulation made pursuant thereto; or shall confer jurisdiction upon the State to adjudicate, in probate proceedings or otherwise, the ownership or right to possession of such property or any interest therein.

(c)

Force and effect of tribal ordinances or customs— Any tribal ordinance or custom heretofore or hereafter adopted by an Indian tribe, band, or community in the exercise of any authority which it may possess shall, if not inconsistent with any applicable civil law of the State, be given full force and effect in the determination of civil causes of action pursuant to this section.

Notes, amendments, and revision history

(Pub. L. 90–284, title IV, § 402, Apr. 11, 1968, 82 Stat. 79.)

§1323. Retrocession of jurisdiction by State

25 U.S.C. § 1323

(a)

Acceptance by United States— The United States is authorized to accept a retrocession by any State of all or any measure of the criminal or civil jurisdiction, or both, acquired by such State pursuant to the provisions of section 1162 of title 18, section 1360 of title 28, or section 7 of the Act of August 15, 1953 (67 Stat. 588), as it was in effect prior to its repeal by subsection (b) of this section.

(b)

Repeal of statutory provisions— Section 7 of the Act of August 15, 1953 (67 Stat. 588), is hereby repealed, but such repeal shall not affect any cession of jurisdiction made pursuant to such section prior to its repeal.

Notes, amendments, and revision history

(Pub. L. 90–284, title IV, § 403, Apr. 11, 1968, 82 Stat. 79.)

Editorial Notes

References in Text

Section 7 of the Act of August 15, 1953, referred to in text, is section 7 of act Aug. 15, 1953, ch. 505, 67 Stat. 588, which is set out as a note under section 1360 of Title 28, Judiciary and Judicial Procedure.

Executive Documents

Ex. Ord. No. 11435. Designating Secretary of the Interior To Accept Retrocession of Jurisdiction by State

Ex. Ord. No. 11435, Nov. 21, 1968, 33 F.R. 17339, provided:

By virtue of the authority vested in me by section 465 of the Revised Statutes (25 U.S.C. 9) and as President of the United States, the Secretary of the Interior is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President or of any other officer of the United States, any and all authority conferred upon the United States by Section 403(a) of the Act of April 11, 1968, 82 Stat. 79 (25 U.S.C. 1323(a)): Provided, That acceptance of retrocession of all or any measure of civil or criminal jurisdiction, or both, by the Secretary hereunder shall be effected by publication in the Federal Register of a notice which shall specify the jurisdiction retroceded and the effective date of the retrocession: Provided further, That acceptance of such retrocession of criminal jurisdiction shall be effected only after consultation by the Secretary with the Attorney General.

§1324. Amendment of State constitutions or statutes to remove legal impediment; effective date

25 U.S.C. § 1324

Notwithstanding the provisions of any enabling Act for the admission of a State, the consent of the United States is hereby given to the people of any State to amend, where necessary, their State constitution or existing statutes, as the case may be, to remove any legal impediment to the assumption of civil or criminal jurisdiction in accordance with the provisions of this subchapter. The provisions of this subchapter shall not become effective with respect to such assumption of jurisdiction by any such State until the people thereof have appropriately amended their State constitution or statutes, as the case may be.

Notes, amendments, and revision history

(Pub. L. 90–284, title IV, § 404, Apr. 11, 1968, 82 Stat. 79.)

§1325. Abatement of actions

25 U.S.C. § 1325

(a)

Pending actions or proceedings; effect of cession— No action or proceeding pending before any court or agency of the United States immediately prior to any cession of jurisdiction by the United States pursuant to this subchapter shall abate by reason of that cession. For the purposes of any such action or proceeding, such cession shall take effect on the day following the date of final determination of such action or proceeding.

(b)

Criminal actions; effect of cession— No cession made by the United States under this subchapter shall deprive any court of the United States of jurisdiction to hear, determine, render judgment, or impose sentence in any criminal action instituted against any person for any offense committed before the effective date of such cession, if the offense charged in such action was cognizable under any law of the United States at the time of the commission of such offense. For the purposes of any such criminal action, such cession shall take effect on the day following the date of final determination of such action.

Notes, amendments, and revision history

(Pub. L. 90–284, title IV, § 405, Apr. 11, 1968, 82 Stat. 80.)

§1326. Special election

25 U.S.C. § 1326

State jurisdiction acquired pursuant to this subchapter with respect to criminal offenses or civil causes of action, or with respect to both, shall be applicable in Indian country only where the enrolled Indians within the affected area of such Indian country accept such jurisdiction by a majority vote of the adult Indians voting at a special election held for that purpose. The Secretary of the Interior shall call such special election under such rules and regulations as he may prescribe, when requested to do so by the tribal council or other governing body, or by 20 per centum of such enrolled adults.

Notes, amendments, and revision history

(Pub. L. 90–284, title IV, § 406, Apr. 11, 1968, 82 Stat. 80.)

§1331. Approval

25 U.S.C. § 1331

Notwithstanding any other provision of law, if any application made by an Indian, Indian tribe, Indian council, or any band or group of Indians under any law requiring the approval of the Secretary of the Interior or the Commissioner of Indian Affairs of contracts or agreements relating to the employment of legal counsel (including the choice of counsel and the fixing of fees) by any such Indians, tribe, council, band, or group is neither granted nor denied within ninety days following the making of such application, such approval shall be deemed to have been granted.

Notes, amendments, and revision history

(Pub. L. 90–284, title VI, § 601, Apr. 11, 1968, 82 Stat. 80.)

§1341. Authorization of Secretary

25 U.S.C. § 1341

(a)

Revision of document on “Indian Affairs, Laws and Treaties” and treatise on “Federal Indian Laws”; compilation of official opinions; printing and republication— In order that the constitutional rights of Indians might be fully protected, the Secretary of the Interior is authorized and directed to—

(1)

have the document entitled “Indian Affairs, Laws and Treaties” (Senate Document Numbered 319, volumes 1 and 2, Fifty-eighth Congress), revised and extended to include all treaties, laws, Executive orders, and regulations relating to Indian affairs in force on September 1, 1967, and to have such revised document printed at the Government Publishing Office;

(2)

have revised and republished the treatise entitled “Federal Indian Law”; and

(3)

have prepared, to the extent determined by the Secretary of the Interior to be feasible, an accurate compilation of the official opinions, published and unpublished, of the Solicitor of the Department of the Interior relating to Indian affairs rendered by the Solicitor prior to September 1, 1967, and to have such compilation printed as a Government publication at the Government Publishing Office.

(b)

Current services— With respect to the document entitled “Indian Affairs, Laws and Treaties” as revised and extended in accordance with paragraph (1) of subsection (a), and the compilation prepared in accordance with paragraph (3) of such subsection, the Secretary of the Interior shall take such action as may be necessary to keep such document and compilation current on an annual basis.

(c)

Authorization of appropriations— There is authorized to be appropriated for carrying out the provisions of this subchapter such sum as may be necessary.

Notes, amendments, and revision history

(Pub. L. 90–284, title VII, § 701, Apr. 11, 1968, 82 Stat. 80; Pub. L. 93–265, Apr. 12, 1974, 88 Stat. 84; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)

Editorial Notes

Amendments

1974—Subsec. (c). Pub. L. 93–265 struck out “, with respect to the preparation but not including printing,” before “such sum”.

Statutory Notes and Related Subsidiaries

Change of Name

“Government Publishing Office” substituted for “Government Printing Office” in subsec. (a)(1), (3) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.

§1401. Funds appropriated in satisfaction of judgments of Indian Claims Commission or United States Court of Federal Claims

25 U.S.C. § 1401

(a)

Use and distribution— Notwithstanding any other law, all use or distribution of funds appropriated in satisfaction of a judgment of the Indian Claims Commission or the United States Court of Federal Claims in favor of any Indian tribe, band, group, pueblo, or community (hereinafter referred to as “Indian tribe”), together with any investment income earned thereon, after payment of attorney fees and litigation expenses, shall be made pursuant to the provisions of this chapter.

(b)

Amounts remaining to be held in trust unless otherwise provided— Except as provided in sections 164 and 165 of this title, amounts which the Secretary of the Interior has remaining after execution of either a plan under this chapter, or another Act enacted heretofore or hereafter providing for the use or distribution of amounts awarded in satisfaction of a judgment in favor of an Indian tribe or tribes, together with any investment income earned thereon and after payment of attorney fees and litigation expenses, shall be held in trust by the Secretary for the tribe or tribes involved if the plan or Act does not otherwise provide for the use of such amounts.

(c)

Short title— This chapter may be cited as the “Indian Tribal Judgment Funds Use or Distribution Act”.

Notes, amendments, and revision history

(Pub. L. 93–134, § 1, Oct. 19, 1973, 87 Stat. 466; Pub. L. 97–164, title I, § 160(a)(1), Apr. 2, 1982, 96 Stat. 48; Pub. L. 100–153, § 4, Nov. 5, 1987, 101 Stat. 886; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

Editorial Notes

References in Text

The Indian Claims Commission, referred to in text, terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title.

Amendments

1992—Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

1987—Subsec. (a). Pub. L. 100–153, § 4(1), (2), designated existing provision as subsec. (a) and substituted “any investment income” for “any interest”.

Subsecs. (b), (c). Pub. L. 100–153, § 4(3), added subsecs. (b) and (c).

1982—Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Short Title of 2014 Amendment

Pub. L. 113–290, § 1, Dec. 19, 2014, 128 Stat. 3291, provided that: “This Act [amending section 1407 of this title] may be cited as the ‘Grand Portage Band Per Capita Adjustment Act’.”

§1402. Plan for use or distribution of funds

25 U.S.C. § 1402

(a)

Preparation and submission to Congress by Secretary of the Interior; contents; copy to affected Indian tribe— Within one year after appropriation of funds to pay a judgment of the Indian Claims Commission or the United States Court of Federal Claims to any Indian tribe, the Secretary of the Interior shall prepare and submit to Congress a plan for the use and distribution of the funds. Such plan shall include identification of the present-day beneficiaries, a formula for the division of the funds among two or more beneficiary entities if such is warranted, and a proposal for the use and distribution of the funds. The Secretary shall simultaneously submit a copy of such plan to each affected tribe or group.

(b)

Time for preparation and submission of plan— With respect to judgments, for which funds have been appropriated prior to January 12, 1983, but for which use or distribution has not been authorized by enactment of legislation or by an effective plan under this chapter, the Secretary shall prepare and submit such plans within one year of January 12, 1983.

(c)

Submission of proposed legislation and report to Congress— In any case where the Secretary determines that the circumstances do not permit the preparation and submission of a plan as provided in this chapter, he shall submit to the Congress within the one-year period proposed legislation to authorize use or distribution of such funds, together with a report thereon.

(d)

Submission of proposed legislation and report to Congress in absence of consent of tribal governments to division of judgment funds between two or more beneficiary entities— In cases where the Secretary has to submit a plan dividing judgment funds between two or more beneficiary entities, he shall obtain the consent of the tribal governments involved to the proposed division. If the Secretary cannot obtain such consent within one hundred and eighty days after appropriation of the funds for the award or within one hundred and eighty days of January 12, 1983, he shall submit proposed legislation to the Congress as provided in subsection (c).

(e)

Extension of time for preparation and submission of plan— An extension of the one-year period, not to exceed one hundred and eighty days, may be requested by the Secretary or by the affected Indian tribe, submitting such request to the committees through the Secretary, and any such request will be subject to the approval of both the Senate Committee on Indian Affairs and the United States House of Representatives Committee on Natural Resources.

Notes, amendments, and revision history

(Pub. L. 93–134, § 2, Oct. 19, 1973, 87 Stat. 466; Pub. L. 97–164, title I, § 160(a)(1), Apr. 2, 1982, 96 Stat. 48; Pub. L. 97–458, § 1, Jan. 12, 1983, 96 Stat. 2512; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103–437, § 10(e)(1), (2)(A), Nov. 2, 1994, 108 Stat. 4589.)

Editorial Notes

References in Text

The Indian Claims Commission, referred to in subsec. (a), terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title.

Codification

In subsec. (a), “United States Claims Court” [now United States Court of Federal Claims] substituted for “Court of Claims” pursuant to section 160(a)(1) of Pub. L. 97–164, as the probable intent of Congress, notwithstanding later amendment by section 1 of Pub. L. 97–458, which made reference to Court of Claims.

Amendments

1994—Subsec. (e). Pub. L. 103–437 substituted “Committee on Indian” for “Select Committee on Indian” and “Natural Resources” for “Interior and Insular Affairs”.

1992—Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

1983—Subsec. (a). Pub. L. 97–458 substituted “one year” for “one hundred and eighty days”; inserted provision for contents of the plan; inserted provision for submission of copy of the plan to each affected tribe or group, incorporating part of former subsec. (c); struck out proviso prescribing Oct. 19, 1973, as the commencing date with respect to judgments for which funds were appropriated and for which legislation authorizing use or distribution was not enacted prior to Oct. 19, 1973; and struck out second sentence respecting submission of proposed legislation and report to Congress, incorporated in subsec. (c). See Codification note above.

Subsec. (b). Pub. L. 97–458 added subsec. (b). Former subsec. (b) redesignated (e).

Subsec. (c). Pub. L. 97–458 redesignated second sentence of subsec. (a) as subsec. (c) and substituted “he shall submit to the Congress within the one-year period proposed legislation to authorize use or distribution of such funds, together with a report thereon” for “he shall submit, within such one hundred and eighty-day period, proposed legislation as provided in section 1405(b) of this title”. Former subsec. (c) respecting notification of affected Indian tribe on the date of submission of the plan covered in part in subsec. (a) as to provision for a copy of the plan.

Subsec. (d). Pub. L. 97–458 added subsec. (d).

Subsec. (e). Pub. L. 97–458 redesignated subsec. (b) as (e); increased time allowed for submission of plans to one year from a one hundred and eighty-day period and additional time allowed for such submissions to one hundred and eighty from ninety days; and substituted the Senate Select Committee on Indian Affairs for the Senate Committee on Interior and Insular Affairs as the Senate committee approving any extensions.

1982—Subsec. (a). Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”. See Codification note above.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

§1403. Preparation of plan

25 U.S.C. § 1403

(a)

Prerequisites for final preparation— The Secretary shall prepare a plan which shall best serve the interests of all those entities and individuals entitled to receive funds of each Indian judgment. Prior to the final preparation of the plan, the Secretary shall—

(1)

receive and consider any resolution or communication, together with any suggested use or distribution plan, which any affected Indian tribe may wish to submit to him; and

(2)

hold a hearing of record, after appropriate public notice, to obtain the testimony of leaders and members of the Indian tribe which may receive any portion, or be affected by the use or distribution, of such funds, in the area in which such Indian tribe is located and at a time which shall best serve the convenience of the eligible members thereof.

(b)

Guidelines— In preparing a plan for the use or distribution of the funds of each Indian judgment, the Secretary shall, among other things, be assured that—

(1)

legal, financial, and other expertise of the Department of the Interior has been made fully available in an advisory capacity to the Indian tribe which is entitled to such funds to assist it to develop and communicate to the Secretary pursuant to clause (1) of subsection (a) of this section its own suggested plan for the distribution and use of such funds;

(2)

the needs and desires of any groups or individuals who are in a minority position, but who are also entitled to receive such funds, have been fully ascertained and considered;

(3)

the interests of minors and other legally incompetent persons who are entitled to receive any portion of such funds as are subsequently distributed to them are and will be protected and preserved;¹ Provided, That such funds may be disbursed to the parents or legal guardian of such minors or legal incompetents in such amounts as may be necessary for the minor or legal incompetent’s health, education, welfare, or emergencies under a plan or plans approved by the Secretary and the tribal governing body of the Indian tribe involved.²

(4)

any provision, including enrollment provisions, of the constitution, bylaws, rules, and procedures of such tribe which may affect the distribution or other use of such funds are in full accord with the principles of fairness and equity;

(5)

a significant portion of such funds shall be set aside and programed to serve common tribal needs, educational requirements, and such other purposes as the circumstances of the affected Indian tribe may justify, except not less than 20 per centum of such funds shall be so set aside and programed unless the Secretary determines that the particular circumstances of the pertinent Indian tribe clearly warrant otherwise: Provided, That in the development of such plan the Secretary shall survey past and present plans of the tribe for economic development, shall consider long range benefits which might accrue to the tribe from such plans, and shall encourage programing of funds for economic development purposes where appropriate; and

(6)

methods exist and will be employed to insure the proper performance of the plan once it becomes effective under section 1405 of this title.

Footnotes

1 So in original. The semicolon probably should be a colon.
2 So in original. The period probably should be a semicolon.

Notes, amendments, and revision history

(Pub. L. 93–134, § 3, Oct. 19, 1973, 87 Stat. 467; Pub. L. 97–458, § 2, Jan. 12, 1983, 96 Stat. 2512.)

Editorial Notes

Amendments

1983—Subsec. (b)(3). Pub. L. 97–458, § 2(a), inserted proviso.

Subsec. (b)(5). Pub. L. 97–458, § 2(b), inserted proviso.

Statutory Notes and Related Subsidiaries

Disbursements for Urgent Needs of Minors and Legal Incompetents and Accounting for Expenditures

Pub. L. 97–458, § 2(a), Jan. 12, 1983, 96 Stat. 2512, provided in part that plan or plans approved by the Secretary and the tribal governing body of an Indian tribe for disbursements to parents or legal guardian of minors or legal incompetents for health, education, welfare, or emergencies of their charges “shall be limited to urgent needs arising from extenuating circumstances and shall accord with general principles governing administration of trust funds of minors and legal incompetents, including a requirement for strict accounting for expenditures.”

§1404. Hearing transcripts and tribal support statements; submission to Congress with plan

25 U.S.C. § 1404

When submitting the plan as provided in section 1402 of this title, the Secretary shall also submit to the Congress with such plan—

(1)

copies of the transcripts of hearings held by him concerning the Indian judgment pursuant to clause (2) of section 1403(a) of this title and all other papers and documents considered by him in the preparation of such plan, including any resolution, communication, or suggested use or distribution plan of the pertinent Indian tribe submitted pursuant to clause (1) of section 1403(a) of this title; and

(2)

a statement of the extent to which such plan reflects the desires of the Indian tribe or individuals who are entitled to such funds, which statement shall specify the alternatives, if any, proposed by such Indian tribe or individuals in lieu of such plan, together with an indication of the degree of support among the interested parties for each such alternative.

Notes, amendments, and revision history

(Pub. L. 93–134, § 4, Oct. 19, 1973, 87 Stat. 467.)

§1405. Effective date of plan; joint resolution of disapproval

25 U.S.C. § 1405

(a)

Original plan— The plan prepared by the Secretary shall become effective, and he shall take immediate action to implement the plan for the use or distribution of such judgment funds, at the end of the sixty-day period (excluding days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days to a day certain) beginning on the day such plan is submitted to the Congress, unless during such sixty-day period a joint resolution is enacted disapproving such plans.

(b)

Proposed legislation and report to Congress following Congressional disapproval— Within thirty calendar days after the date of enactment of a joint resolution disapproving a plan, the Secretary shall submit to the Congress proposed legislation, together with a report thereon, authorizing use or distribution of such funds.

(c)

Successor plan previously withdrawn or amended prior to Congressional action; consent to amendments— Within the sixty-day period and before the adoption of any resolution disapproving a plan, the Secretary may withdraw or amend such plan: Provided, That any amendments affecting the division of an award between two or more beneficiary entities shall be subject to the consent of these entities as provided in section 1402(d) of this title. Any such amended plan shall become valid at the end of a sixty-day period beginning on the day such amendment is submitted to the Congress, unless during such sixty-day period, a joint resolution is enacted disapproving such plan as amended.

(d)

Resubmission of successor plan within prescribed period following withdrawal of plan— Once a plan is withdrawn before the end of a sixty-day period, the Secretary has until the expiration of the original one-year deadline to resubmit a plan to Congress. Such a plan shall become valid at the end of a sixty-day period beginning on the day such new plan is submitted to the Congress, unless during such sixty-day period, a joint resolution is enacted disapproving such plan.

(e)

Recomputation of sixty-day period from date of introduction of joint resolution of disapproval; reextension restriction— Upon the introduction of the first such resolution of disapproval in either the House of Representatives or the Senate, the sixty-day period shall be recomputed from the date of such introduction and shall not again be extended.

Notes, amendments, and revision history

(Pub. L. 93–134, § 5, Oct. 19, 1973, 87 Stat. 468; Pub. L. 97–458, § 3, Jan. 12, 1983, 96 Stat. 2513.)

Editorial Notes

Amendments

1983—Subsec. (a). Pub. L. 97–458, § 3(a), substituted “unless during such sixty-day period a joint resolution is enacted” for “unless during such sixty-day period either House adopts a resolution disapproving such plans”.

Subsec. (b). Pub. L. 97–458, § 3(b), substituted “date of enactment of a joint resolution disapproving a plan” for “date of adoption of a resolution disapproving a plan”.

Subsecs. (c) to (e). Pub. L. 97–458, § 3(c), added subsecs. (c) to (e).

§1406. Rules and regulations

25 U.S.C. § 1406

(a)

Promulgation— The Secretary shall promulgate rules and regulations to implement this chapter no later than the end of the one hundred and eighty-day period beginning on October 19, 1973. Among other things, such rules and regulations shall provide for adequate notice to all entities and persons who may receive funds under any Indian judgment of all relevant procedures pursuant to this chapter concerning any such judgment.

(b)

Publication in Federal Register— No later than sixty days prior to the promulgation of such rules and regulations the Secretary shall publish the proposed rules and regulations in the Federal Register.

(c)

Hearings— No later than thirty days prior to the promulgation of such rules and regulations, the Secretary shall provide, with adequate public notice, the opportunity for hearings on the proposed rules and regulations, once published, to all interested parties.

Notes, amendments, and revision history

(Pub. L. 93–134, § 6, Oct. 19, 1973, 87 Stat. 468.)

§1407. Tax exemption; resources exemption limitation

25 U.S.C. § 1407

None of the funds which—

(1)

are distributed per capita or held in trust pursuant to a plan approved under the provisions of this chapter, or¹

(2)

on January 12, 1983, are to be distributed per capita or are held in trust pursuant to a plan approved by the Congress prior to January 12, 1983,

(3)

were distributed pursuant to a plan approved by Congress after December 31, 1981 but prior to January 12, 1983, and any purchases made with such funds, or

(4)

are paid by the State of Minnesota to the Bois Forte Band of Chippewa Indians or the Grand Portage Band of Lake Superior Chippewa Indians, or both, pursuant to the agreements of each Band to voluntarily restrict tribal rights to hunt and fish in territory cede² under the Treaty of September 30, 1854 (10 Stat. 1109), including all interest accrued on such funds during any period in which such funds are held in a minor’s trust,

including all interest and investment income accrued thereon while such funds are so held in trust, shall be subject to Federal or State income taxes, nor shall such funds nor their availability be considered as income or resources nor otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such household or member would otherwise be entitled under the Social Security Act [42 U.S.C. 301 et seq.] or, except for per capita shares in excess of $2,000, any Federal or federally assisted program.

Footnotes

1 So in original. The word “or” probably should not appear.
2 So in original. Probably should be “ceded”.

Notes, amendments, and revision history

(Pub. L. 93–134, § 7, Oct. 19, 1973, 87 Stat. 468; Pub. L. 97–458, § 4, Jan. 12, 1983, 96 Stat. 2513; Pub. L. 106–568, title VIII, § 818, Dec. 27, 2000, 114 Stat. 2918; Pub. L. 113–290, § 2, Dec. 19, 2014, 128 Stat. 3291.)

Editorial Notes

References in Text

The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

2014—Par. (4). Pub. L. 113–290 substituted “or the Grand Portage Band of Lake Superior Chippewa Indians, or both, pursuant to the agreements of each Band” for “pursuant to the agreements of such Band”.

2000—Par. (4). Pub. L. 106–568 added par. (4).

1983—Pub. L. 97–458 amended section generally. Prior to amendment, section read as follows: “None of the funds distributed per capita or held in trust under the provisions of this chapter shall be subject to Federal or State income taxes, and the per capita payments shall not be considered as income or resources when determining the extent of eligibility for assistance under the Social Security Act”.

§1408. Resources exemption

25 U.S.C. § 1408

Interests of individual Indians in trust or restricted lands shall not be considered a resource, and up to $2,000 per year of income received by individual Indians that is derived from such interests shall not be considered income, in determining eligibility for assistance under the Social Security Act [42 U.S.C. 301 et seq.] or any other Federal or federally assisted program.

Notes, amendments, and revision history

(Pub. L. 93–134, § 8, as added Pub. L. 97–458, § 4, Jan. 12, 1983, 96 Stat. 2514; amended Pub. L. 103–66, title XIII, § 13736(a), Aug. 10, 1993, 107 Stat. 663.)

Editorial Notes

References in Text

The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

1993—Pub. L. 103–66 inserted “, and up to $2,000 per year of income received by individual Indians that is derived from such interests shall not be considered income,” after “resource”.

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Pub. L. 103–66, title XIII, § 13736(b), Aug. 10, 1993, 107 Stat. 663, provided that: “The amendment made by this section [amending this section] shall take effect on January 1, 1994.”

§1451. Congressional declaration of policy

25 U.S.C. § 1451

It is hereby declared to be the policy of Congress to provide capital on a reimbursable basis to help develop and utilize Indian resources, both physical and human, to a point where the Indians will fully exercise responsibility for the utilization and management of their own resources and where they will enjoy a standard of living from their own productive efforts comparable to that enjoyed by non-Indians in neighboring communities.

Notes, amendments, and revision history

(Pub. L. 93–262, § 2, Apr. 12, 1974, 88 Stat. 77.)

Statutory Notes and Related Subsidiaries

Short Title of 2006 Amendment

Pub. L. 109–221, § 1(a), May 12, 2006, 120 Stat. 336, provided that: “This Act [enacting section 494a of this title and section 1613a of Title 43, Public Lands, amending sections 348, 415, 464, 1481, 1485, 1486, 1497, 2206, 2706, and 2717 of this title and sections 1629b and 1629e of Title 43, enacting provisions set out as notes under sections 348 and 415 of this title and section 1629b of Title 43, and amending provisions set out as a note under section 2201 of this title] may be cited as the ‘Native American Technical Corrections Act of 2006’.”

Short Title of 2002 Amendment

Pub. L. 107–331, title I, § 101, Dec. 13, 2002, 116 Stat. 2835, provided that: “This Act [enacting subchapter XIII of chapter 19 of this title, amending sections 415, 1484, and 1485 of this title, and enacting provisions set out as notes under sections 415 and 1485 of this title] may be cited as the ‘Indian Financing Amendments Act of 2002’.”

Short Title of 1984 Amendment

Pub. L. 98–449, § 1, Oct. 4, 1984, 98 Stat. 1725, provided: “That this Act [enacting section 47a of this title and amending sections 1461, 1465, 1481, 1484, 1491, 1497, 1512, 1522, 1523, 1541, and 1543 of this title] may be cited as the ‘Indian Financing Act Amendments of 1984’.”

Short Title

Pub. L. 93–262, § 1, Apr. 12, 1974, 88 Stat. 77, provided: “That this Act [enacting this chapter] may be cited as the ‘Indian Financing Act of 1974’.”

§1452. Definitions

25 U.S.C. § 1452

For the purpose of this chapter, the term—

(a)

“Secretary” means the Secretary of the Interior.

(b)

“Indian” means any person who is a member of any Indian tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any “Native” as defined in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.].

(c)

“Tribe” means any Indian tribe, band, group, pueblo, or community, including Native villages and Native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs.

(d)

“Reservation” includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.].

(e)

“Economic enterprise” means any Indian-owned (as defined by the Secretary of the Interior) commercial, industrial, or business activity established or organized for the purpose of profit: Provided, That such Indian ownership shall constitute not less than 51 per centum of the enterprise.

(f)

“Organization”, unless otherwise specified, shall be the governing body of any Indian tribe, as defined in subsection (c), or entity established or recognized by such governing body for the purpose of this chapter.

(g)

“Other organizations” means any non-Indian individual, firm, corporation, partnership, or association.

(h)

“Surety” has the same meaning as in section 694a of title 15.

(i)

“Surety Bond” means a bid bond, payment bond, or performance bond as those terms are defined in section 694a of title 15.

Notes, amendments, and revision history

(Pub. L. 93–262, § 3, Apr. 12, 1974, 88 Stat. 77; Pub. L. 100–442, § 5(b), Sept. 22, 1988, 102 Stat. 1764.)

Editorial Notes

References in Text

The Alaska Native Claims Settlement Act, referred to in pars. (b) to (d), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

Amendments

1988—Pars. (h), (i). Pub. L. 100–442 added pars. (h) and (i).

§1453. Assistance or activities of other Federal agencies unaffected

25 U.S.C. § 1453

No provision of this chapter or any other Act shall be construed to terminate or otherwise curtail the assistance or activities of the Small Business Administration or any other Federal agency with respect to any Indian tribe, organization, or individual because of their eligibility for assistance under this chapter.

Notes, amendments, and revision history

(Pub. L. 93–262, § 4, Apr. 12, 1974, 88 Stat. 77.)

§1461. Administration as single Indian Revolving Loan Fund sums from diverse sources; availability of fund for loans to Indians and for administrative expenses

25 U.S.C. § 1461

In order to provide credit that is not available from private money markets, or to supplement funds from private lenders, including loans guaranteed by the Secretary pursuant to section 1481 of this title, all funds that are now or hereafter a part of the revolving fund authorized by the Act of June 18, 1934 (48 Stat. 986) [25 U.S.C. 5101 et seq.], the Act of June 26, 1936 (49 Stat. 1968),¹ and the Act of April 19, 1950 (64 Stat. 44), as amended and supplemented, including sums received in settlement of debts of livestock pursuant to sections 1545 and 1546 of this title, and sums collected in repayment of loans heretofore or hereafter made, and as interest or other charges on loans, shall hereafter be administered as a single Indian Revolving Loan Fund. The fund shall be available for loans to Indians having a form of organization that is satisfactory to the Secretary and for loans to individual Indians: Provided, That, where the Secretary determines a rejection of a loan application from a member of an organization making loans to its membership from moneys borrowed from the fund is unwarranted, he may, in his discretion, make a direct loan to such individual from the fund. The fund shall also be available for administrative expenses incurred in connection therewith, or, in the discretion of the Secretary of the Interior, as a contribution to the Indian Loan Guaranty and Insurance Fund authorized by section 1497 of this title, or for the payment of interest subsidies authorized by section 1511 of this title.

Footnotes

1 So in original. Probably should be “(49 Stat. 1967),”.

Notes, amendments, and revision history

(Pub. L. 93–262, title I, § 101, Apr. 12, 1974, 88 Stat. 78; Pub. L. 98–449, § 2, Oct. 4, 1984, 98 Stat. 1725; Pub. L. 101–644, title III, § 303(a), Nov. 29, 1990, 104 Stat. 4667.)

Editorial Notes

References in Text

Act of June 18, 1934, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorganization Act, which is classified generally to chapter 45 (§ 5101 et seq.) of this title. Provisions of the act establishing the revolving fund are set out in section 5113 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables.

Act of June 26, 1936, referred to in text, is act June 26, 1936, ch. 831, 49 Stat. 1967, popularly known as the Oklahoma Welfare Act, which was classified generally to subchapter VIII (§ 501 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 45A (§ 5201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5201 of this title and Tables. Provisions of the Act relating to the revolving fund appear in section 5206 of this title.

Act of April 19, 1950, referred to in text, is act Apr. 19, 1950, ch. 92, 64 Stat. 44, which was classified generally to subchapter XXI (§ 631 et seq.) of chapter 14 of this title and was omitted from the Code as being of special and not general application.

Amendments

1990—Pub. L. 101–644 substituted “money markets, or to supplement funds from private lenders, including loans guaranteed by the Secretary pursuant to section 1481 of this title,” for “money markets,” in first sentence and inserted before period at end of third sentence “, or, in the discretion of the Secretary of the Interior, as a contribution to the Indian Loan Guaranty and Insurance Fund authorized by section 1497 of this title, or for the payment of interest subsidies authorized by section 1511 of this title”.

1984—Pub. L. 98–449 which directed that “which are not members of or eligible for membership in an organization which is making loans to its members” be struck out was executed by striking out “who are not members of or eligible for membership in an organization which is making loans to its members” before proviso.

§1462. Economic development; educational loans; limitation of loans to or investments in non-Indian organizations

25 U.S.C. § 1462

Loans may be made for any purpose which will promote the economic development of (a) the individual Indian borrower, including loans for educational purposes, and (b) the Indian organization and its members including loans by such organizations to other organizations and investments in other organizations regardless of whether they are organizations of Indians: Provided, That not more than 50 per centum of loan made to an organization shall be used by such organization for the purpose of making loans to or investments in non-Indian organizations.

Notes, amendments, and revision history

(Pub. L. 93–262, title I, § 102, Apr. 12, 1974, 88 Stat. 78.)

§1463. Repayment of loan; financing from other sources

25 U.S.C. § 1463

Loans may be made only when, in the judgment of the Secretary, there is a reasonable prospect of repayment, and only to applicants who in the opinion of the Secretary are unable to obtain financing from other sources on reasonable terms and conditions.

Notes, amendments, and revision history

(Pub. L. 93–262, title I, § 103, Apr. 12, 1974, 88 Stat. 78.)

§1464. Maturity of loans; interest rate; interest deferral on educational loans

25 U.S.C. § 1464

Loans shall be for terms that do not exceed thirty years and shall bear interest at (a) a rate determined by the Secretary of the Treasury taking into consideration the market yield on municipal bonds: Provided, That in no event shall the rate be greater than the rate determined by the Secretary of the Treasury taking into consideration the current average yield on outstanding marketable obligations of the United States of comparable maturity, plus (b) such additional charge, if any, toward covering other costs of the program as the Secretary may determine to be consistent with its purpose: Provided, That educational loans may provide for interest to be deferred while the borrower is in school or in the military service.

Notes, amendments, and revision history

(Pub. L. 93–262, title I, § 104, Apr. 12, 1974, 88 Stat. 78.)

§1465. Modification of amount of loan and document securing loan in collection of loan or in best interests of the United States

25 U.S.C. § 1465

The Secretary may cancel, adjust, compromise, or reduce the amount of any loan or any portion thereof heretofore or hereafter made from the revolving loan fund established by this subchapter and its predecessor constituent funds which he determines to be uncollectable in whole or in part, or which is collectable only at an unreasonable cost, or when such action would, in his judgment, be in the best interests of the United States. He may also adjust, compromise, subordinate, or modify the terms of any mortgage, lease, assignment, contract, agreement, or other document taken to secure such loans.

Notes, amendments, and revision history

(Pub. L. 93–262, title I, § 105, Apr. 12, 1974, 88 Stat. 78; Pub. L. 98–449, § 3, Oct. 4, 1984, 98 Stat. 1725.)

Editorial Notes

Amendments

1984—Pub. L. 98–449 struck out proviso at end of first sentence which provided that proceedings pursuant to this section would be effective only after following the procedure set out in section 386a of this title.

§1466. Land and personal property title

25 U.S.C. § 1466

Title to any land purchased by a tribe or by an individual Indian with loans made from the revolving loan fund may be taken in trust unless the land is located outside the boundaries of a reservation or a tribal consolidation area approved by the Secretary. Title to any land purchased by a tribe or an individual Indian which is outside the boundaries of the reservation or approved consolidation area may be taken in trust if the purchaser was the owner of trust or restricted interests in the land before the purchase, otherwise title shall be taken in the name of the purchasers without any restriction on alienation, control, or use. Title to any personal property purchased with a loan from the revolving loan fund shall be taken in the name of the purchaser.

Notes, amendments, and revision history

(Pub. L. 93–262, title I, § 106, Apr. 12, 1974, 88 Stat. 78.)

§1467. Security for loan; assignment of securities; reasonable assurance of repayment

25 U.S.C. § 1467

Any organization receiving a loan from the revolving loan fund shall be required to assign to the United States as security for the loan all securities acquired in connection with the loans made to its members from such funds unless the Secretary determines that the repayment of the loan to the United States is otherwise reasonably assured.

Notes, amendments, and revision history

(Pub. L. 93–262, title I, § 107, Apr. 12, 1974, 88 Stat. 79.)

§1468. Authorization of appropriations

25 U.S.C. § 1468

There is authorized to be appropriated, to provide capital and to restore any impairment of capital for the revolving loan fund $50,000,000 exclusive of prior authorizations and appropriations.

Notes, amendments, and revision history

(Pub. L. 93–262, title I, § 108, Apr. 12, 1974, 88 Stat. 79.)

§1469. Rules and regulations

25 U.S.C. § 1469

The Secretary shall promulgate rules and regulations to carry out the provisions of this subchapter.

Notes, amendments, and revision history

(Pub. L. 93–262, title I, § 109, Apr. 12, 1974, 88 Stat. 79.)

§1481. Loan guaranties and insurance

25 U.S.C. § 1481

(a)

In general— In order to provide access to private money sources which otherwise would not be available, the Secretary may—

(1)

guarantee not to exceed 90 per centum of the unpaid principal and interest due on any loan made to any organization of Indians having a form or organization satisfactory to the Secretary, and to individual Indians; or

(2)

insure loans under an agreement approved by the Secretary whereby the lender will be reimbursed for losses in an amount not to exceed 15 per centum of the aggregate of such loans made by it, but not to exceed 90 per centum of the loss on any one loan.

(b)

Eligible borrowers— The Secretary may guarantee or insure loans under subsection (a) to both for-profit and nonprofit borrowers.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 201, Apr. 12, 1974, 88 Stat. 79; Pub. L. 98–449, § 4, Oct. 4, 1984, 98 Stat. 1725; Pub. L. 109–221, title IV, § 401(a), May 12, 2006, 120 Stat. 341.)

Editorial Notes

Amendments

2006—Pub. L. 109–221, § 401(a)(1), (2), (4), inserted section catchline, designated existing provisions as subsec. (a) and inserted heading, substituted “the Secretary may—

“(1) guarantee”

for “Secretary is authorized (a) to guarantee”, and added subsec. (b).

Pub. L. 109–221, § 401(a)(3), which directed substitution of “members; or

“(2) insure”

for “members; and (b) in lieu of such guaranty, to insure”, was executed by making the substitution for “and (b) in lieu of such guaranty, to insure” to reflect the probable intent of Congress and the amendment by Pub. L. 98–449. See 1984 Amendment note below.

1984—Pub. L. 98–449 struck out “who are not members of or eligible for membership in an organization which is making loans to its members” before “; and (b)”.

§1482. Premium charges; deposits in Indian Loan Guaranty and Insurance Fund

25 U.S.C. § 1482

The Secretary shall fix such premium charges for the insurance and guarantee of loans as are in his judgment adequate to cover expenses and probable losses, and deposit receipts from such charges in the Indian Loan Guaranty and Insurance Fund established pursuant to section 1497(a) of this title.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 202, Apr. 12, 1974, 88 Stat. 79.)

§1483. Interest rate

25 U.S.C. § 1483

Loans guaranteed or insured pursuant to this subchapter shall bear interest (exclusive of premium charges for insurance, and service charge, if any) at rates not to exceed such per centum per annum on the principal obligation outstanding as the Secretary determines to be reasonable taking into consideration the range of interest rates prevailing in the private market for similar loans and the risks assumed by the United States.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 203, Apr. 12, 1974, 88 Stat. 79.)

§1484. Application for loan; approval by Secretary; issuance of certificate; limitations on amount of loans to individual Indians or economic enterprises; review by Secretary

25 U.S.C. § 1484

The application for a loan to be guaranteed hereunder shall be submitted to the Secretary for approval. The Secretary may review each loan application individually and independently from the lender. Upon approval, the Secretary shall issue a certificate as evidence of the guaranty. Such certificate shall be issued only when, in the judgment of the Secretary, there is a reasonable prospect of repayment. No loan to an individual Indian may be guaranteed or insured which would cause the total unpaid principal indebtedness to exceed $500,000. No loan to an economic enterprise (as defined in section 1452 of this title) in excess of $250,000, or such lower amount as the Secretary may determine to be appropriate, shall be insured unless prior approval of the loan is obtained from the Secretary.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 204, Apr. 12, 1974, 88 Stat. 79; Pub. L. 98–449, § 5, Oct. 4, 1984, 98 Stat. 1725; Pub. L. 100–442, § 1, Sept. 22, 1988, 102 Stat. 1763; Pub. L. 101–644, title III, § 303(b), Nov. 29, 1990, 104 Stat. 4668; Pub. L. 107–331, title I, § 103(a), Dec. 13, 2002, 116 Stat. 2836.)

Editorial Notes

Amendments

2002—Pub. L. 107–331 substituted “$250,000” for “$100,000”.

1990—Pub. L. 101–644 struck out “prior” before “approval” in first sentence and substituted “may review” for “shall review” in second sentence.

1988—Pub. L. 100–442 substituted “$500,000” for “$350,000”.

1984—Pub. L. 98–449 substituted “$350,000” for “$100,000”, and inserted after first sentence “The Secretary shall review each loan application individually and independently from the lender.”

§1485. Sale or assignment of loans and underlying security

25 U.S.C. § 1485

(a)

In general— All or any portion of a loan guaranteed or insured under this subchapter, including the security given for the loan—

(1)

may be transferred by the lender by sale or assignment to any person; and

(2)

may be retransferred by the transferee.

(b)

Transfers of loans— With respect to a transfer described in subsection (a)—

(1)

the transfer shall be consistent with such regulations as the Secretary shall promulgate under subsection (h); and

(2)

the transferee shall give notice of the transfer to the Secretary.

(c)

Full faith and credit—

(1)

In general— The full faith and credit of the United States is pledged to the payment of all loan guarantees and loan insurance made under this subchapter after December 13, 2002.

(2)

Validity— Except as provided in regulations in effect on the date on which a loan is made, the validity of a guarantee or insurance of a loan under this subchapter shall be incontestable.

(d)

Damages— Notwithstanding section 3302 of title 31, the Secretary may recover from a lender of a loan under this subchapter any damages suffered by the Secretary as a result of a material breach of the obligations of the lender with respect to a guarantee or insurance by the Secretary of the loan.

(e)

Fees—

(1)

In general— The Secretary may collect a fee for any loan or guaranteed or insured portion of a loan that is transferred in accordance with this section.

(2)

Compensation of fiscal transfer agent— A fiscal transfer agent designated under subsection (f) may be compensated through any of the fees assessed under this section and any interest earned on any funds or fees collected by the fiscal transfer agent while the funds or fees are in the control of the fiscal transfer agent and before the time at which the fiscal transfer agent is contractually required to transfer such funds to the Secretary or to transferees or other holders.

(f)

Central registration of loans— On promulgation of final regulations under subsection (h), the Secretary shall—

(1)

provide for a central registration of all guaranteed or insured loans transferred under this section; and

(2)

enter into 1 or more contracts with a fiscal transfer agent—

(A)

to act as the designee of the Secretary under this section; and

(B)

to carry out on behalf of the Secretary the central registration and fiscal transfer agent functions under this section.

(g)

Pooling of loans—

(1)

In general— Nothing in this subchapter prohibits the pooling of whole loans or interests in loans transferred under this section.

(2)

Regulations— In promulgating regulations under subsection (i),¹ the Secretary may include such regulations to effect orderly and efficient pooling procedures as the Secretary determines to be necessary.

(h)

Regulations— Not later than 180 days after December 13, 2002, the Secretary shall develop such procedures and promulgate such regulations as are necessary to facilitate, administer, and promote transfers of loans and guaranteed and insured portions of loans under this section.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 205, Apr. 12, 1974, 88 Stat. 80; Pub. L. 100–442, § 2, Sept. 22, 1988, 102 Stat. 1763; Pub. L. 107–331, title I, § 103(b), Dec. 13, 2002, 116 Stat. 2836; Pub. L. 109–221, title IV, § 401(b), May 12, 2006, 120 Stat. 342.)

Editorial Notes

References in Text

Subsection (i), referred to in subsec. (g)(2), was redesignated as subsection (h) of this section by Pub. L. 109–221, title IV, § 401(b)(3), May 12, 2006, 120 Stat. 342.

Amendments

2006—Pub. L. 109–221, § 401(b)(1), inserted section catchline.

Subsecs. (a), (b). Pub. L. 109–221, § 401(b)(1), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b), which authorized loan sale or assignment and set forth parameters for initial transfers.

Subsec. (c). Pub. L. 109–221, § 401(b)(2), (3), redesignated subsec. (d) as (c) and struck out former subsec. (c) which set forth requirements for secondary transfers under this subchapter.

Subsec. (c)(2). Pub. L. 109–221, § 401(b)(4), added par. (2) and struck out former par (2) which provided for the incontestability of a guarantee or insurance of a loan under this subchapter with an exception for fraud or misrepresentation.

Subsec. (d). Pub. L. 109–221, § 401(b)(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 109–221, § 401(b)(5), designated existing provisions as par. (1), inserted heading, and added par. (2).

Pub. L. 109–221, § 401(b)(3), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsec. (f). Pub. L. 109–221, § 401(b)(6), substituted “subsection (h)” for “subsection (i)” in introductory provisions and struck out “, and issuance of acknowledgments,” after “agent functions” in par. (2)(B).

Pub. L. 109–221, § 401(b)(3), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

Subsec. (g) to (i). Pub. L. 109–221, § 401(b)(3), redesignated subsecs. (h) and (i) as (g) and (h), respectively. Former subsec. (g) redesignated (f).

2002—Pub. L. 107–331 designated existing provisions as subsec. (a), inserted heading and substituted “Any loan guaranteed or insured” for “Any loan guaranteed”, and added subsecs. (b) to (i).

1988—Pub. L. 100–442 amended section generally. Prior to amendment, section read as follows: “Any loan guaranteed hereunder, including the security given therefor, may be sold or assigned by the lender to any financial institution subject to examination and supervision by an agency of the United States or of any State or the District of Columbia.”

Statutory Notes and Related Subsidiaries

Findings and Purpose

Pub. L. 107–331, title I, § 102, Dec. 13, 2002, 116 Stat. 2835, provided that: Findings.—Congress finds that— the Indian Financing Act of 1974 (25 U.S.C. 1451 et seq.) was intended to provide Native American borrowers with access to commercial sources of capital that otherwise would not be available through the guarantee or insurance of loans by the Secretary of the Interior; although the Secretary of the Interior has made loan guarantees and insurance available, use of those guarantees and that insurance by lenders to benefit Native American business borrowers has been limited; twenty-seven years after the date of enactment of the Indian Financing Act of 1974 (25 U.S.C. 1451 et seq.) [Pub. L. 93–262, which was approved Apr. 12, 1974], the promotion and development of Native American-owned business remains an essential foundation for growth of economic and social stability of Native Americans; use by commercial lenders of the available loan insurance and guarantees may be limited by liquidity and other capital market-driven concerns; and it is in the best interest of the insured and guaranteed loan program of the Department of the Interior— to encourage the orderly development and expansion of a secondary market for loans guaranteed or insured by the Secretary of the Interior; and to expand the number of lenders originating loans under the Indian Financing Act of 1974 (25 U.S.C. 1451 et seq.). Purpose.—The purpose of this Act [see Short Title of 2002 Amendment note set out under section 1451 of this title] is to reform and clarify the Indian Financing Act of 1974 (25 U.S.C. 1451 et seq.) in order to— stimulate the use by lenders of secondary market investors for loans guaranteed or insured under a program administered by the Secretary of the Interior; preserve the authority of the Secretary to administer the program and regulate lenders; clarify that a good faith investor in loans insured or guaranteed by the Secretary will receive appropriate payments; provide for the appointment by the Secretary of a qualified fiscal transfer agent to establish and administer a system for the orderly transfer of those loans; and authorize the Secretary to promulgate regulations to encourage and expand a secondary market program for loans guaranteed or insured by the Secretary; and allow the pooling of those loans as the secondary market develops.”

§1486. Loans ineligible for guaranty or insurance

25 U.S.C. § 1486

Loans made by any agency or instrumentality of the Federal Government (not including an eligible Community Development Finance Institution), or by an organization of Indians from funds borrowed from the United States, and loans the interest on which is not included in gross income for the purposes of chapter 1 of title 26 shall not be eligible for guaranty or insurance hereunder.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 206, Apr. 12, 1974, 88 Stat. 80; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 109–221, title IV, § 401(c), May 12, 2006, 120 Stat. 342.)

Editorial Notes

Amendments

2006—Pub. L. 109–221 inserted “(not including an eligible Community Development Finance Institution)” after “Government”.

1986—Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

§1487. Loans eligible for insurance

25 U.S.C. § 1487

Any loans insured hereunder shall be restricted to those made by a financial institution subject to examination and supervision by an agency of the United States, a State, or the District of Columbia, and to loans made by Indian organizations from their own funds to other tribes or organizations of Indians.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 207, Apr. 12, 1974, 88 Stat. 80.)

§1488. Lenders authorized to make loans; decrease or increase of liability under the guaranty

25 U.S.C. § 1488

Loans guaranteed hereunder may be made by any lender satisfactory to the Secretary, except as provided in section 1486 of this title. The liability under the guaranty shall decrease or increase pro rata with any decrease or increase in the unpaid portion of the obligation.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 208, Apr. 12, 1974, 88 Stat. 80.)

§1489. Loans made by certain financial institutions without regard to limitations and restrictions of other Federal statutes with respect to certain particulars

25 U.S.C. § 1489

Any loan made by any national bank or Federal savings and loan association, or by any bank, trust company, building and loan association, or insurance company authorized to do business in the District of Columbia, at least 20 per centum of which is guaranteed hereunder, may be made without regard to the limitations and restrictions of any other Federal statute with respect to (a) ratio of amount of loan to the value of the property; (b) maturity of loans; (c) requirement of mortgage or other security; (d) priority of lien; or (e) percentage of assets which may be invested in real estate loans.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 209, Apr. 12, 1974, 88 Stat. 80.)

§1490. Maturity of loans

25 U.S.C. § 1490

The maturity of any loan guaranteed or insured hereunder shall not exceed thirty years.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 210, Apr. 12, 1974, 88 Stat. 80.)

§1491. Defaults; written notification; pro rata payments; subrogation and assignment rights of Secretary; cancellation of uncollectable portion of obligations; forbearance for benefit of borrower; interest or charges cessation date

25 U.S.C. § 1491

In the event of a default of a loan guaranteed hereunder, the holder of the guaranty certificate may immediately notify the Secretary in writing of such default and the Secretary shall thereupon pay to such holder the pro rata portion of the amount guaranteed and shall be subrogated to the rights of the holder of the guaranty and receive an assignment of the obligation and security. The Secretary may cancel the uncollectable portion of any obligation, to which he has an assignment or a subrogated right under this section. Nothing in this section shall be construed to preclude any forbearance for the benefit of the borrower as may be agreed upon by the parties to the loan and approved by the Secretary. The Secretary may establish the date, not later than the date of judgment and decree of foreclosure or sale, upon which accrual of interest or charges shall cease.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 211, Apr. 12, 1974, 88 Stat. 80; Pub. L. 98–449, § 6, Oct. 4, 1984, 98 Stat. 1725.)

Editorial Notes

Amendments

1984—Pub. L. 98–449 struck out proviso at end of second sentence which provided that proceedings pursuant to this section shall be effective only after following the procedure set out in section 386a of this title.

§1492. Claims for losses; submission to Secretary; reimbursement: single and aggregate loss limitations, conditions; assignment of note or judgment; collection or cancellation by Secretary; interest or charges cessation date

25 U.S.C. § 1492

When a lender suffers a loss on a loan insured hereunder, including accrued interest, a claim therefor shall be submitted to the Secretary. If the Secretary finds that the loss has been suffered, he shall reimburse the lender therefor: Provided, That the amount payable to the lender for a loss on any one loan shall not exceed 90 per centum of such loss: Provided further, That no reimbursement may be made for losses in excess of 15 per centum of the aggregate of insured loans made by the lender: Provided further, That before any reimbursement is made, all reasonable collection efforts shall have been exhausted by the lender, and the security for the loan shall have been liquidated to the extent feasible, and the proceeds applied on the debt. Upon reimbursement, in whole or in part, to the lender, the note or judgment evidencing the debt shall be assigned to the United States, and the lender shall have no further claim against the borrower or the United States. The Secretary shall then take such further collection action as may be warranted, or may cancel the uncollectable portion of any debt assigned pursuant hereto. The Secretary may establish a date upon which accrual of interest or charges shall cease.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 212, Apr. 12, 1974, 88 Stat. 80.)

§1493. Loan refusal; conditions; prohibition against acquisition of additional loans; payment of claims on loans made in good faith

25 U.S.C. § 1493

Whenever the Secretary finds that any lender or holder of a guaranty certificate fails to maintain adequate accounting records, or to demonstrate proper ability to service adequately loans guaranteed or insured, or to exercise proper credit judgment, or has willfully or negligently engaged in practices otherwise detrimental to the interests of a borrower or of the United States, he may refuse, either temporarily or permanently, to guarantee or insure any further loans made by such lender or holder, and may bar such lender or holder from acquiring additional loans guaranteed or insured hereunder: Provided, That the Secretary shall not refuse to pay a valid guaranty or insurance claim on loans previously made in good faith.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 213, Apr. 12, 1974, 88 Stat. 81.)

§1494. Evidence of eligibility of loan for and amount of guaranty or insurance; defenses and partial defenses against original lender

25 U.S.C. § 1494

Any evidence of guaranty or insurance issued by the Secretary shall be conclusive evidence of the eligibility of the loan for guaranty or insurance under the provisions of this chapter and the amount of such guaranty or insurance: Provided, That nothing in this section shall preclude the Secretary from establishing, as against the original lender, defenses based on fraud or material misrepresentation or bar him from establishing, by regulations in force at the date of such issuance or disbursement, whichever is the earlier, partial defenses to the amount payable on the guaranty or insurance.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 214, Apr. 12, 1974, 88 Stat. 81.)

§1495. Land and personal property titles

25 U.S.C. § 1495

Title to any land purchased by a tribe or by an individual Indian with loans guaranteed or insured pursuant to this subchapter may be taken in trust, unless the land is located outside the boundaries of a reservation or a tribal consolidation area approved by the Secretary. Title to any land purchased by a tribe or an individual Indian which is outside the boundaries of the reservation or approved consolidation area may be taken in trust if the purchaser was the owner of trust or restricted interests in the land before the purchase, otherwise title shall be taken in the name of the purchaser without any restriction on alienation, control, or use. Title to any personal property purchased with loans guaranteed or insured hereunder shall be taken in the name of the purchaser.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 215, Apr. 12, 1974, 88 Stat. 81.)

§1496. Powers of Secretary; finality of financial transactions and property acquisitions, management, and dispositions

25 U.S.C. § 1496

The financial transactions of the Secretary incident to or arising out of the guarantee or insurance of loans and surety bonds, and the acquisition, management, and disposition of property, real, personal, or mixed, incident to such activities, shall be final and conclusive upon all officers of the Government. With respect to matters arising out of the guaranty or insurance program authorized by this subchapter, and notwithstanding the provisions of any other laws, the Secretary may—

(a)

sue and be sued in his official capacity in any court of competent jurisdiction;

(b)

subject to the specific limitations in this subchapter, consent to the modification, with respect to the rate of interest, time of payment on principal or interest or any portion thereof, security, or any other provisions of any note, contract, mortgage, or other instrument securing a loan or surety bond which has been guaranteed or insured hereunder;

(c)

subject to the specific limitations in this subchapter, pay, or compromise, any claim on, or arising because of any loan or surety bond guaranty or insurance;

(d)

subject to the specific limitations in this subchapter, pay, compromise, waive, or release any right, title, claim, lien, or demand, however acquired, including, but not limited to, any equity or right of redemption;

(e)

purchase at any sale, public or private, upon such terms and for such prices as he determines to be reasonable, and take title to property, real, personal, or mixed; and similarly sell, at public or private sale, exchange, assign, convey, or otherwise dispose of such property; and

(f)

complete, administer, operate, obtain, and pay for insurance on, and maintain, renovate, repair, modernize, lease, or otherwise deal with any property acquired or held pursuant to the guaranty or insurance program authorized by this subchapter.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 216, Apr. 12, 1974, 88 Stat. 81; Pub. L. 100–442, § 5(c), Sept. 22, 1988, 102 Stat. 1764.)

Editorial Notes

Amendments

1988—Pub. L. 100–442 inserted “and surety bonds” after “of loans” in introductory text, “or surety” after “a loan” in par. (b), and “or surety” after “any loan” in par. (c).

§1497. Indian Loan Guaranty and Insurance Fund

25 U.S.C. § 1497

(a)

Establishment of revolving fund— There is hereby created an Indian Loan Guaranty and Insurance Fund (hereinafter referred to as the “fund”) which shall be available to the Secretary as a revolving fund without fiscal year limitation for carrying out the provisions of this subchapter.

(b)

Aggregate loans or surety bonds limitation— The Secretary may use the fund for the purpose of fulfilling the obligations with respect to loans or surety bonds guaranteed or insured under this subchapter, but the aggregate of such loans or surety bonds which are insured or guaranteed by the Secretary shall be limited to $1,500,000,000.

(c)

Assets, liabilities, and obligations of fund; loan and surety bond servicing and purchasing agreements: terms and conditions— All funds, claims, notes, mortgages, contracts, and property acquired by the Secretary under this section, and all collections and proceeds therefrom, shall constitute assets of the fund; and all liabilities and obligations of such assets shall be liabilities and obligations of the fund. The Secretary is authorized to make agreements with respect to servicing loans or surety bonds held, guaranteed, or insured by him under this subchapter and purchasing such guaranteed or insured loans or surety bonds on such terms and conditions as he may prescribe.

(d)

Utilization of fund for diverse payments— The Secretary may also utilize the fund to pay taxes, insurance, prior liens, expenses necessary to make fiscal adjustments in connection with the application and transmittal of collections, and other expenses and advances to protect the Secretary for loans or surety bonds which are guaranteed or insured under this subchapter or held by the Secretary, to acquire such security property at foreclosure sale or otherwise, and to pay administrative expenses.

(e)

Authorization of appropriations— There are authorized to be appropriated for each fiscal year beginning in fiscal year 1985 such sums as may be necessary to fulfill obligations with respect to losses on loans or surety bonds guaranteed or insured under this subchapter. All collections and all moneys appropriated pursuant to the authority of this subsection shall remain available until expended.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 217, Apr. 12, 1974, 88 Stat. 82; Pub. L. 98–449, § 7, Oct. 4, 1984, 98 Stat. 1725; Pub. L. 100–442, §§ 3, 4(a), (b), 5(d), Sept. 22, 1988, 102 Stat. 1763, 1764; Pub. L. 105–362, title VIII, § 801(b), Nov. 10, 1998, 112 Stat. 3287; Pub. L. 109–221, title IV, § 401(d), May 12, 2006, 120 Stat. 343.)

Editorial Notes

Amendments

2006—Subsec. (b). Pub. L. 109–221 substituted “$1,500,000,000” for “$500,000,000”.

1998—Subsec. (f). Pub. L. 105–362 struck out subsec. (f) which read as follows: “If the Secretary determines that the amount in the fund is not sufficient to maintain an adequate level of reserves necessary to meet the responsibilities of the fund in connection with losses on loans or surety bonds guaranteed or insured under this subchapter, the Secretary shall promptly submit a report notifying Congress of the deficiencies in the fund.”

1988—Subsec. (b). Pub. L. 100–442, §§ 3, 5(d), inserted “or surety bonds” after “loans” in two places and substituted “$500,000,000” for “$200,000,000”.

Subsecs. (c), (d). Pub. L. 100–442, § 5(d), inserted “or surety bonds” after “loans” wherever appearing.

Subsec. (e). Pub. L. 100–442, §§ 4(a), 5(d), inserted “or surety bonds” after “loans” and substituted “All collections and all moneys appropriated pursuant to the authority of this subsection shall remain available” for “All collections shall remain”.

Subsec. (f). Pub. L. 100–442, § 4(b), added subsec. (f).

1984—Subsec. (e). Pub. L. 98–449 added subsec. (e).

Statutory Notes and Related Subsidiaries

Limitation on New Credit Authority

Pub. L. 100–442, § 4(c), Sept. 22, 1988, 102 Stat. 1763, provided that: “Any new credit authority (as defined in section 3 of the Congressional Budget and Impoundment Control Act of 1974 [2 U.S.C. 622]) which is provided by amendments made by this Act [enacting sections 1497a, 1499, and 1544 of this title and amending this section and sections 1452, 1484, 1485, 1496, and 1498 of this title] shall be effective only to such extent and in such amounts as may be approved in advance in appropriation Acts.”

§1497a. Supplemental surety bond guarantee

25 U.S.C. § 1497a

(a)

Amount; eligibility— The Secretary is authorized to provide a supplemental surety bond guarantee, not to exceed 20 percent of any loss, for any Indian individual or economic enterprise eligible for a surety guarantee under section 694b of title 15, so that the aggregate of the two guarantees is 100 percent.

(b)

Conditions— The Secretary may provide a supplemental guarantee under this section only if the Secretary determines that—

(1)

the Indian individual or economic enterprise has secured or will likely secure a surety bond guarantee under section 694b of title 15;

(2)

the supplemental guarantee is necessary for the Indian individual or economic enterprise to secure a surety bond;

(3)

no more than 25 percent of the surety’s business is comprised of bonds guaranteed pursuant to this section; and

(4)

the surety will provide appropriate technical assistance and advice to, and monitor the performance of, the Indian individual or economic enterprise for the prevention or mitigation of a loss.

(c)

Fees and charges— The rules and regulations promulgated by the Secretary to carry out this section shall include the setting of reasonable fees to be paid by the Indian individual or economic enterprise and reasonable premium charges to be paid by sureties. In setting fees and charges, the Secretary may take into consideration the cost to the surety of providing the services required by paragraph (4) of subsection (b). The receipts from the fees and charges shall be deposited in the Fund established by section 1497(a) of this title.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 218, as added Pub. L. 100–442, § 5(a), Sept. 22, 1988, 102 Stat. 1764.)

Editorial Notes

Prior Provisions

A prior section 218 of Pub. L. 93–262 was renumbered section 219 by Pub. L. 100–442 and is classified to section 1498 of this title.

§1498. Rules and regulations

25 U.S.C. § 1498

The Secretary shall promulgate rules and regulations to carry out the provisions of this subchapter.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 219, formerly § 218, Apr. 12, 1974, 88 Stat. 82; renumbered § 219, Pub. L. 100–442, § 5(a), Sept. 22, 1988, 102 Stat. 1764.)

§1499. Limitation on guarantee of debt issues; approval of bond issue sale

25 U.S.C. § 1499

(a)

The Secretary may guarantee not to exceed 90 percent of the unpaid principal and interest due on an issue of bonds, debentures, or similar obligations issued by an organization satisfactory to the Secretary. Such an issue shall be deemed a loan for purposes of sections 1482, 1483, 1484, 1485, 1486, 1489, 1490, 1491, 1493, 1494, 1495, 1496, and 1497 of this title.

(b)

The method by which an issue of bonds guaranteed under this section may be sold shall be subject to approval by the Secretary.

Notes, amendments, and revision history

(Pub. L. 93–262, title II, § 220, as added Pub. L. 100–442, § 6, Sept. 22, 1988, 102 Stat. 1764.)

§1511. Interest subsidies; rules and regulations

25 U.S.C. § 1511

The Secretary is authorized under such rules and regulations as he may prescribe to pay as an interest subsidy on loans which are guaranteed or insured under the provisions of subchapter II of this chapter amounts which are necessary to reduce the rate payable by the borrower to the rate determined under section 1464 of this title.

Notes, amendments, and revision history

(Pub. L. 93–262, title III, § 301, Apr. 12, 1974, 88 Stat. 82.)

§1512. Authorization of appropriations for interest payments

25 U.S.C. § 1512

There are authorized to be appropriated for fiscal year 1985, and for each fiscal year thereafter, an amount which does not exceed $5,500,000 for purposes of making interest payments authorized under this subchapter. Sums appropriated under this section, shall remain available until expended.

Notes, amendments, and revision history

(Pub. L. 93–262, title III, § 302, Apr. 12, 1974, 88 Stat. 82; Pub. L. 98–449, § 8, Oct. 4, 1984, 98 Stat. 1725.)

Editorial Notes

Amendments

1984—Pub. L. 98–449 amended section generally, substituting provisions authorizing appropriations for payment of interest under this subchapter for provisions authorizing appropriations for the Indian Loan Guarantee and Insurance Fund, interest subsidies and administrative expenses.

§1521. Indian Business Development Program; establishment; statement of purpose

25 U.S.C. § 1521

There is established within the Department of the Interior the Indian Business Development Program whose purpose is to stimulate and increase Indian entrepreneurship and employment by providing equity capital through nonreimbursable grants made by the Secretary of the Interior to Indians and Indian tribes to establish and expand profit-making Indian-owned economic enterprises on or near reservations.

Notes, amendments, and revision history

(Pub. L. 93–262, title IV, § 401, Apr. 12, 1974, 88 Stat. 82.)

§1522. Conditions

25 U.S.C. § 1522

(a)

Limitation of amount— No grant in excess of $100,000 in the case of an Indian and $250,000 in the case of an Indian tribe, or such lower amount as the Secretary may determine to be appropriate, may be made under this subchapter.

(b)

Financing from other sources; inability to obtain funds; applicant’s financial resources— A grant may be made only to an applicant who, in the opinion of the Secretary, is unable to obtain adequate financing for its economic enterprise from other sources: Provided, That prior to making any grant under this subchapter, the Secretary shall assure that, where practical, the applicant has reasonably made available for the economic enterprise funds from the applicant’s own financial resources.

(c)

Percentage requirement— No grant may be made to an applicant who is unable to obtain at least 60 per centum of the necessary funds for the economic enterprise from other sources.

Notes, amendments, and revision history

(Pub. L. 93–262, title IV, § 402, Apr. 12, 1974, 88 Stat. 83; Pub. L. 98–449, § 9, Oct. 4, 1984, 98 Stat. 1725.)

Editorial Notes

Amendments

1984—Subsec. (a). Pub. L. 98–449 amended subsec. (a) generally, substituting provisions setting forth different levels of maximum grant amounts in cases of Indians and Indian tribes for provisions providing a maximum of $50,000 in cases of both Indians and Indian tribes.

§1523. Authorization of appropriations

25 U.S.C. § 1523

There are authorized to be appropriated not to exceed the sum of $10,000,000 per year for fiscal year 1986 and each fiscal year thereafter for the purposes of this subchapter.

Notes, amendments, and revision history

(Pub. L. 93–262, title IV, § 403, Apr. 12, 1974, 88 Stat. 83; Pub. L. 95–68, July 20, 1977, 91 Stat. 272; Pub. L. 98–449, § 10, Oct. 4, 1984, 98 Stat. 1726.)

Editorial Notes

Amendments

1984—Pub. L. 98–449 amended section generally, substituting “$10,000,000” for “$14,000,000” and “1986 and each fiscal year thereafter” for “1978 and 1979”.

1977—Pub. L. 95–68 substituted “$14,000,000 for each of the fiscal years 1978 and 1979” for “$10,000,000 for each of the fiscal years 1975, 1976, and 1977”.

§1524. Rules and regulations

25 U.S.C. § 1524

The Secretary of the Interior is authorized to prescribe such rules and regulations as may be necessary to carry out the purposes of this chapter.

Notes, amendments, and revision history

(Pub. L. 93–262, title IV, § 404, Apr. 12, 1974, 88 Stat. 83.)

§1541. Competent management and technical assistance for economic enterprises

25 U.S.C. § 1541

Prior to and concurrent with the making or guaranteeing of any loan under subchapters I and II of this chapter and with the making of a grant under subchapter IV of this chapter, the purpose of which is to fund the development of an economic enterprise, the Secretary shall insure that the loan or grant applicant shall be provided competent management and technical assistance for preparation of the application and/or administration of funds granted consistent with the nature of the enterprise proposed to be or in fact funded.

Notes, amendments, and revision history

(Pub. L. 93–262, title V, § 501, Apr. 12, 1974, 88 Stat. 83; Pub. L. 98–449, § 12, Oct. 4, 1984, 98 Stat. 1726.)

Editorial Notes

Amendments

1984—Pub. L. 98–449 amended section generally, inserting “Prior to and” and “for preparation of the application and/or administration of funds granted”.

§1542. Agency cooperation; private contracts for management services and technical assistance

25 U.S.C. § 1542

For the purpose of providing the assistance required under section 1541 of this title, the Secretary is authorized to cooperate with the Small Business Administration and the Corporation for National and Community Service and other Federal agencies in the use of existing programs of this character in those agencies. In addition, the Secretary is authorized to enter into contracts with private organizations for providing such services and assistance.

Notes, amendments, and revision history

(Pub. L. 93–262, title V, § 502, Apr. 12, 1974, 88 Stat. 83; Pub. L. 93–113, title VI, § 601(d), Oct. 1, 1973, 87 Stat. 416; Pub. L. 103–82, title IV, § 405(f), Sept. 21, 1993, 107 Stat. 921.)

Editorial Notes

Amendments

1993—Pub. L. 103–82 substituted “the Corporation for National and Community Service” for “ACTION Agency”.

1973—Pub. L. 93–113 substituted “ACTION Agency” for “ACTION”.

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–82 effective Apr. 4, 1994, see section 406(b) of Pub. L. 103–82, set out as a note under section 8332 of Title 5, Government Organization and Employees.

§1543. Funds limitation for private contracts

25 U.S.C. § 1543

For the purpose of entering into contracts pursuant to section 1542 of this title in fiscal year 1985, the Secretary is authorized to use not to exceed 6 percent of any funds appropriated for any fiscal year pursuant to section 1512 of this title. For fiscal year 1986 and for each fiscal year thereafter, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter.

Notes, amendments, and revision history

(Pub. L. 93–262, title V, § 503, Apr. 12, 1974, 88 Stat. 83; Pub. L. 98–449, § 13, Oct. 4, 1984, 98 Stat. 1726.)

Editorial Notes

Amendments

1984—Pub. L. 98–449 amended section generally, substituting provisions limiting funds expended for private contracts to 6 percent of appropriated funds in 1985 and authorizing the appropriation of such sums as may be necessary to carry out this subchapter in fiscal years after 1985 for provisions putting a 5 percent limitation on use of appropriated funds.

§1544. Additional compensation to contractors of Federal agency

25 U.S.C. § 1544

Notwithstanding any other provision of law, a contractor of a Federal agency under any Act of Congress may be allowed an additional amount of compensation equal to 5 percent of the amount paid, or to be paid, to a subcontractor or supplier, in carrying out the contract if such subcontractor or supplier is an Indian organization or Indian-owned economic enterprise as defined in this chapter.

Notes, amendments, and revision history

(Pub. L. 93–262, title V, § 504, added Pub. L. 100–442, § 7, Sept. 22, 1988, 102 Stat. 1765.)

§1545. Livestock loans; cash settlements

25 U.S.C. § 1545

All acceptances of cash settlements by the Commissioner of Indian Affairs for livestock lent by the United States to any individual Indian, or to any tribe, association, corporation, or other group of Indians, and all sales and relending of livestock repaid in kind to the United States on account of such loans are authorized and ratified: Provided, That on and after May 24, 1950, the value of such livestock for the purposes of any such cash settlement shall be based on prevailing market prices in the area and shall be ascertained by a committee composed of three members, one of whom shall be selected by the superintendent of the particular agency, one of whom shall be selected by the chairman of the tribal council, and one of whom shall be selected by the other two members.

Notes, amendments, and revision history

(May 24, 1950, ch. 197, § 1, 64 Stat. 190.)

Editorial Notes

Codification

Section was enacted as part of act May 24, 1950, ch. 197, and not as part of the Indian Financing Act of 1974 which comprises this chapter.

Section was formerly classified to section 442 of this title prior to editorial reclassification and renumbering as this section.

§1546. Disposition of cash settlements

25 U.S.C. § 1546

Any moneys received on and after May 24, 1950, in settlement of such debts or from the sale of livestock so repaid to the United States shall be deposited in the revolving fund established pursuant to the Acts of June 18, 1934 (48 Stat. 984) [25 U.S.C. 5101 et seq.], and June 26, 1936 (49 Stat. 1967), as amended and supplemented.

Notes, amendments, and revision history

(May 24, 1950, ch. 197, § 2, 64 Stat. 190.)

Editorial Notes

References in Text

Act of June 18, 1934, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorganization Act, which is classified generally to chapter 45 (§ 5101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables. Provisions of the Act establishing the revolving fund are set out in section 5113 of this title.

Act of June 26, 1936, referred to in text, is act June 26, 1936, ch. 831, 49 Stat. 1967, popularly known as the Oklahoma Welfare Act, which was classified generally to subchapter VIII (§ 501 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 45A (§ 5201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5201 of this title and Tables. Provisions of the Act relating to the revolving fund appear in section 5206 of this title.

Funds in the revolving fund authorized by these Acts, and certain other sums, to be administered after Apr. 12, 1974, as a single Indian Revolving Loan Fund, see section 1461 of this title.

Codification

Section was enacted as part of act May 24, 1950, ch. 197, and not as part of the Indian Financing Act of 1974 which comprises this chapter.

Section was formerly classified to section 443 of this title prior to editorial reclassification and renumbering as this section.

§1601. Congressional findings

25 U.S.C. § 1601

The Congress finds the following:

(1)

Federal health services to maintain and improve the health of the Indians are consonant with and required by the Federal Government’s historical and unique legal relationship with, and resulting responsibility to, the American Indian people.

(2)

A major national goal of the United States is to provide the resources, processes, and structure that will enable Indian tribes and tribal members to obtain the quantity and quality of health care services and opportunities that will eradicate the health disparities between Indians and the general population of the United States.

(3)

A major national goal of the United States is to provide the quantity and quality of health services which will permit the health status of Indians to be raised to the highest possible level and to encourage the maximum participation of Indians in the planning and management of those services.

(4)

Federal health services to Indians have resulted in a reduction in the prevalence and incidence of preventable illnesses among, and unnecessary and premature deaths of, Indians.

(5)

Despite such services, the unmet health needs of the American Indian people are severe and the health status of the Indians is far below that of the general population of the United States.

Notes, amendments, and revision history

(Pub. L. 94–437, § 2, Sept. 30, 1976, 90 Stat. 1400; Pub. L. 102–573, § 3(a), Oct. 29, 1992, 106 Stat. 4526; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Amendment by Pub. L. 111–148 is based on section 102 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.

Amendments

2010—Pub. L. 111–148 redesignated subsecs. (a), (b), (c), and (d) as pars. (1), (3), (4), and (5), respectively, realigned margins, and added par. (2).

1992—Pub. L. 102–573 substituted “finds the following:” for “finds that—” in introductory provisions and struck out last sentence of subsec. (d) which compared death rates of Indians to those of all Americans for tuberculosis, influenza and pneumonia, and compared death rates for infants, subsec. (e) which related to threat to fulfillment of Federal responsibility to Indians posed by low health status of American Indian people, subsec. (f) which enumerated causes imperiling improvements in Indian health, and subsec. (g) which related to confidence of Indian people in Federal Indian health services.

Statutory Notes and Related Subsidiaries

Short Title of 2021 Amendment

Pub. L. 116–311, § 1, Jan. 5, 2021, 134 Stat. 4927, provided that: “This Act [amending section 1645 of this title] may be cited as the ‘Proper and Reimbursed Care for Native Veterans Act’ or the ‘PRC for Native Veterans Act’.”

Short Title of 2010 Amendment

Section 1(a) 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 Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935, provided that: “This Act [probably means S. 1790 as enacted into law by Pub. L. 111–148, enacting subchapter V–A of this chapter, sections 1616p to 1616r, 1621y, 1638a, 1638e to 1638g, 1647 to 1647d, 1660d to 1660h, 1663, 1663a, 1675, 1678, 1678a, 1679, and 1680p to 1680v of this title, amending sections 1601 to 1603, 1615, 1616l, 1621, 1621a, 1621c to 1621f, 1621h, 1621j to 1621m, 1621o to 1621q, 1621t to 1621v, 1631, 1637, 1638b, 1641, 1642, 1644, 1645, 1652, 1659, 1660b, 1661, 1680b, 1680c, 1680l, and 1680o of this title and sections 1395l, 1395qq, 11705, 11706, 11709, and 11711 of Title 42, The Public Health and Welfare, repealing sections 1616p, 1621w, 1638a, 1647, 1660d, 1663, 1675, 1678, 1679, and 1680k of this title, and enacting provisions set out as a note under section 11705 of Title 42] may be cited as the ‘Indian Health Care Improvement Reauthorization and Extension Act of 2009’.”

Short Title of 2000 Amendment

Pub. L. 106–417, § 1, Nov. 1, 2000, 114 Stat. 1812, provided that: “This Act [enacting and amending section 1645 of this title, amending sections 1395qq and 1396j of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under section 1645 of this title] may be cited as the ‘Alaska Native and American Indian Direct Reimbursement Act of 2000’.”

Short Title of 1996 Amendment

Pub. L. 104–313, § 1(a), Oct. 19, 1996, 110 Stat. 3820, provided that: “This Act [amending sections 1603, 1613a, 1621j, 1645, 1665e, 1665j, and 1680k of this title] may be cited as the ‘Indian Health Care Improvement Technical Corrections Act of 1996’.”

Short Title of 1992 Amendment

Pub. L. 102–573, § 1, Oct. 29, 1992, 106 Stat. 4526, provided that: “This Act [see Tables for classification] may be cited as the ‘Indian Health Amendments of 1992’.”

Short Title of 1990 Amendment

Pub. L. 101–630, title V, § 501, Nov. 28, 1990, 104 Stat. 4556, provided that: “This title [enacting sections 1621h, 1637, 1659, and 1660 of this title, amending sections 1653, 1657, and 2474 of this title, and enacting provisions set out as notes under sections 1621h, 1653, and 2415 of this title] may be cited as the ‘Indian Health Care Amendments of 1990’.”

Short Title of 1988 Amendment

Pub. L. 100–713, § 1, Nov. 23, 1988, 102 Stat. 4784, provided that: “This Act [enacting sections 1616 to 1616j, 1621a to 1621g, 1636, 1651 to 1658, 1661, 1662, and 1680a to 1680j of this title and sections 254s and 295j of Title 42, The Public Health and Welfare, amending sections 1603, 1612 to 1613a, 1614, 1615, 1621, 1631, 1632, 1634, 1674, 1676, and 1678 to 1680 of this title and section 5316 of Title 5, Government Organization and Employees, repealing section 1635 of this title and section 254r of Title 42, enacting provisions set out as notes under this section and sections 1611, 1621b, 1661, and 1677 of this title and sections 254r, 1395qq, and 1396j of Title 42, amending provisions set out as a note under section 1396j of Title 42, and repealing provisions set out as a note under section 1396j of Title 42] may be cited as the ‘Indian Health Care Amendments of 1988’.”

Short Title of 1980 Amendment

Pub. L. 96–537, § 1(a), Dec. 17, 1980, 94 Stat. 3173, provided that: “this Act [enacting sections 1622, 1634, and 1676 to 1680 of this title, amending sections 1603, 1612 to 1614, 1621, 1651 to 1657, and 1674 of this title and section 294y–1 of Title 42, The Public Health and Welfare, and repealing section 1658 of this title] may be cited as the ‘Indian Health Care Amendments of 1980’.”

Short Title

Pub. L. 94–437, § 1, Sept. 30, 1976, 90 Stat. 1400, provided: “That this Act [enacting this chapter and sections 1395qq and 1396j of Title 42, The Public Health and Welfare, amending sections 234, 1395f, 1395n, and 1396d of Title 42, and enacting provisions set out as notes under section 1671 of this title and sections 1395qq and 1396j of Title 42] may be cited as the ‘Indian Health Care Improvement Act’.”

Separability

Pub. L. 100–713, title VIII, § 801, Nov. 23, 1988, 102 Stat. 4839, provided that: “If any provision of this Act, any amendment made by this Act [see Short Title of 1988 Amendment note above], or the application of such provision or amendment to any person or circumstances is held to be invalid, the remainder of this Act, the remaining amendments made by this Act, and the application of such provision or amendment to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.”

Availability of Appropriations

Pub. L. 100–713, § 4, Nov. 23, 1988, 102 Stat. 4785, provided that: “Any new spending authority (described in subsection (c)(2)(A) or (B) of section 401 of the Congressional Budget Act of 1974 [2 U.S.C. 651(c)(2)(A), (B)]) which is provided under this Act [see Short Title of 1988 Amendment note above] shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.”

§1602. Declaration of national Indian health policy

25 U.S.C. § 1602

Congress declares that it is the policy of this Nation, in fulfillment of its special trust responsibilities and legal obligations to Indians—

(1)

to ensure the highest possible health status for Indians and urban Indians and to provide all resources necessary to effect that policy;

(2)

to raise the health status of Indians and urban Indians to at least the levels set forth in the goals contained within the Healthy People 2010 initiative or successor objectives;

(3)

to ensure maximum Indian participation in the direction of health care services so as to render the persons administering such services and the services themselves more responsive to the needs and desires of Indian communities;

(4)

to increase the proportion of all degrees in the health professions and allied and associated health professions awarded to Indians so that the proportion of Indian health professionals in each Service area is raised to at least the level of that of the general population;

(5)

to require that all actions under this chapter shall be carried out with active and meaningful consultation with Indian tribes and tribal organizations, and conference with urban Indian organizations, to implement this chapter and the national policy of Indian self-determination;

(6)

to ensure that the United States and Indian tribes work in a government-to-government relationship to ensure quality health care for all tribal members; and

(7)

to provide funding for programs and facilities operated by Indian tribes and tribal organizations in amounts that are not less than the amounts provided to programs and facilities operated directly by the Service.

Notes, amendments, and revision history

(Pub. L. 94–437, § 3, Sept. 30, 1976, 90 Stat. 1401; Pub. L. 102–573, § 3(b), Oct. 29, 1992, 106 Stat. 4526; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

This chapter, referred to in par. (5), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

Codification

Amendment by Pub. L. 111–148 is based on section 103 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.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to declaration of health objectives.

1992—Pub. L. 102–573 amended section generally. Prior to amendment, section read as follows: “The Congress hereby declares that it is the policy of this Nation, in fulfillment of its special responsibilities and legal obligation to the American Indian people, to meet the national goal of providing the highest possible health status to Indians and to provide existing Indian health services with all resources necessary to effect that policy.”

§1603. Definitions

25 U.S.C. § 1603

In this chapter:

(1)

Area office— The term “Area office” means an administrative entity including a program office, within the Indian Health Service through which services and funds are provided to the service units within a defined geographic area.

(2)

Behavioral health—

(A)

In general— The term “behavioral health” means the blending of substance (alcohol, drugs, inhalants, and tobacco) abuse and mental health disorders prevention and treatment for the purpose of providing comprehensive services.

(B)

Inclusions— The term “behavioral health” includes the joint development of substance abuse and mental health treatment planning and coordinated case management using a multidisciplinary approach.

(3)

California Indian— The term “California Indian” means any Indian who is eligible for health services provided by the Service pursuant to section 1679 of this title.

(4)

Community college— The term “community college” means—

(A)

a tribal college or university; or

(B)

a junior or community college.

(5)

Contract health service— The term “contract health service” means any health service that is—

(A)

delivered based on a referral by, or at the expense of, an Indian health program; and

(B)

provided by a public or private medical provider or hospital that is not a provider or hospital of the Indian health program.

(6)

Department— The term “Department”, unless otherwise designated, means the Department of Health and Human Services.

(7)

Disease prevention—

(A)

In general— The term “disease prevention” means any activity for—

(i)

the reduction, limitation, and prevention of—

(I)

disease; and

(II)

complications of disease; and

(ii)

the reduction of consequences of disease.

(B)

Inclusions— The term “disease prevention” includes an activity for—

(i)

controlling—

(I)

the development of diabetes;

(II)

high blood pressure;

(III)

infectious agents;

(IV)

injuries;

(V)

occupational hazards and disabilities;

(VI)

sexually transmittable diseases; or

(VII)

toxic agents; or

(ii)

providing—

(I)

fluoridation of water; or

(II)

immunizations.

(8)

FAE— The term “FAE” means fetal alcohol effect.

(9)

FAS— The term “fetal alcohol syndrome” or “FAS” means a syndrome in which, with a history of maternal alcohol consumption during pregnancy, the following criteria are met:

(A)

Central nervous system involvement such as mental retardation, developmental delay, intellectual deficit, microencephaly, or neurologic abnormalities.

(B)

Craniofacial abnormalities with at least 2 of the following: microophthalmia, short palpebral fissures, poorly developed philtrum, thin upper lip, flat nasal bridge, and short upturned nose.

(C)

Prenatal or postnatal growth delay.

(10)

Health profession— The term “Health profession” means allopathic medicine, family medicine, internal medicine, pediatrics, geriatric medicine, obstetrics and gynecology, podiatric medicine, nursing, public health nursing, dentistry, psychiatry, osteopathy, optometry, pharmacy, psychology, public health, social work, marriage and family therapy, chiropractic medicine, environmental health and engineering, an allied health profession, or any other health profession.

(11)

Health promotion— The term “health promotion” means any activity for—

(A)

fostering social, economic, environmental, and personal factors conducive to health, including raising public awareness regarding health matters and enabling individuals to cope with health problems by increasing knowledge and providing valid information;

(B)

encouraging adequate and appropriate diet, exercise, and sleep;

(C)

promoting education and work in accordance with physical and mental capacity;

(D)

making available safe water and sanitary facilities;

(E)

improving the physical, economic, cultural, psychological, and social environment;

(F)

promoting culturally competent care; and

(G)

providing adequate and appropriate programs, including programs for—

(i)

abuse prevention (mental and physical);

(ii)

community health;

(iii)

community safety;

(iv)

consumer health education;

(v)

diet and nutrition;

(vi)

immunization and other methods of prevention of communicable diseases, including HIV/AIDS;

(vii)

environmental health;

(viii)

exercise and physical fitness;

(ix)

avoidance of fetal alcohol spectrum disorders;

(x)

first aid and CPR education;

(xi)

human growth and development;

(xii)

injury prevention and personal safety;

(xiii)

behavioral health;

(xiv)

monitoring of disease indicators between health care provider visits through appropriate means, including Internet-based health care management systems;

(xv)

personal health and wellness practices;

(xvi)

personal capacity building;

(xvii)

prenatal, pregnancy, and infant care;

(xviii)

psychological well-being;

(xix)

reproductive health and family planning;

(xx)

safe and adequate water;

(xxi)

healthy work environments;

(xxii)

elimination, reduction, and prevention of contaminants that create unhealthy household conditions (including mold and other allergens);

(xxiii)

stress control;

(xxiv)

substance abuse;

(xxv)

sanitary facilities;

(xxvi)

sudden infant death syndrome prevention;

(xxvii)

tobacco use cessation and reduction;

(xxviii)

violence prevention; and

(xxix)

such other activities identified by the Service, a tribal health program, or an urban Indian organization to promote achievement of any of the objectives referred to in section 1602(2) of this title.

(12)

Indian health program— The term “Indian health program” means—

(A)

any health program administered directly by the Service;

(B)

any tribal health program; and

(C)

any Indian tribe or tribal organization to which the Secretary provides funding pursuant to section 47 of this title.

(13)

Indians or Indian— The term “Indians” or “Indian”, unless otherwise designated, means any person who is a member of an Indian tribe, as defined in subsection (d) hereof,¹ except that, for the purpose of sections 1612 and 1613 of this title, such terms shall mean any individual who²

(A)

,³ irrespective of whether he or she lives on or near a reservation, is a member of a tribe, band, or other organized group of Indians, including those tribes, bands, or groups terminated since 1940 and those recognized now or in the future by the State in which they reside, or who is a descendant, in the first or second degree, of any such member, or

(B)

is an Eskimo or Aleut or other Alaska Native, or

(C)

is considered by the Secretary of the Interior to be an Indian for any purpose, or

(D)

is determined to be an Indian under regulations promulgated by the Secretary.

(14)

Indian tribe— The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or group or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(15)

Junior or community college— The term “junior or community college” has the meaning given the term in section 1058(e)¹ of title 20.

(16)

Reservation—

(A)

In general— The term “reservation” means a reservation, Pueblo, or colony of any Indian tribe.

(B)

Inclusions— The term “reservation” includes—

(i)

former reservations in Oklahoma;

(ii)

Indian allotments; and

(iii)

Alaska Native Regions established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

(17)

Secretary— The term “Secretary”, unless otherwise designated, means the Secretary of Health and Human Services.

(18)

Service— The term “Service” means the Indian Health Service.

(19)

Service area— The term “Service area” means the geographical area served by each area office.

(20)

Service unit— The term “Service unit” means an administrative entity of the Service or a tribal health program through which services are provided, directly or by contract, to eligible Indians within a defined geographic area.

(21)

Substance abuse— The term “Substance abuse” includes inhalant abuse.

(22)

Telehealth— The term “telehealth” has the meaning given the term in section 254c–16(a) of title 42.

(23)

Telemedicine— The term “telemedicine” means a telecommunications link to an end user through the use of eligible equipment that electronically links health professionals or patients and health professionals at separate sites in order to exchange health care information in audio, video, graphic, or other format for the purpose of providing improved health care services.

(24)

Tribal college or university— The term “tribal college or university” has the meaning given the term in section 1059c(b) of title 20.

(25)

Tribal health program— The term “tribal health program” means an Indian tribe or tribal organization that operates any health program, service, function, activity, or facility funded, in whole or part, by the Service through, or provided for in, a contract or compact with the Service under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).¹

(26)

Tribal organization— The term “tribal organization” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).¹

(27)

Urban center— The term “Urban center” means any community which has a sufficient urban Indian population with unmet health needs to warrant assistance under subchapter IV, as determined by the Secretary.

(28)

Urban Indian— The term “Urban Indian” means any individual who resides in an urban center, as defined in subsection (g) hereof,¹ and who meets one or more of the four criteria in subsection (c)(1) through (4) of this section.¹

(29)

Urban Indian organization— The term “Urban Indian organization” means a nonprofit corporate body situated in an urban center, governed by an urban Indian controlled board of directors, and providing for the maximum participation of all interested Indian groups and individuals, which body is capable of legally cooperating with other public and private entities for the purpose of performing the activities described in section 1653(a) of this title.

Footnotes

1 See References in Text note below.
2 So in original. Probably should be followed by a dash.
3 So in original. The comma probably should not appear.

Notes, amendments, and revision history

(Pub. L. 94–437, § 4, Sept. 30, 1976, 90 Stat. 1401; Pub. L. 96–537, § 2, Dec. 17, 1980, 94 Stat. 3173; Pub. L. 100–713, title II, §§ 201(b), 203(b), title V, § 502, Nov. 23, 1988, 102 Stat. 4803, 4804, 4824; Pub. L. 102–573, § 3(c), title IX, § 902(1), Oct. 29, 1992, 106 Stat. 4529, 4591; Pub. L. 104–313, § 2(a), Oct. 19, 1996, 110 Stat. 3820; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

Subsection (d) hereof, referred to in par. (13), was redesignated par. (14) of this section by section 10221(a) of Pub. L. 111–148.

The Alaska Native Claims Settlement Act, referred to in pars. (14) and (16)(B)(iii), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43, and Tables.

Section 1058(e) of title 20, referred to in par. (15), probably means section 1058(f) of title 20, which defines “junior or community college”. Section 1058(e) of title 20 was redesignated section 1058(f) of title 20 by Pub. L. 105–244, title III, § 303(b)(1), Oct. 7, 1998, 112 Stat. 1639.

The Indian Self-Determination and Education Assistance Act, referred to in pars. (25) and (26), 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. Section 4 of the Act was classified to section 450b of this title prior to editorial reclassification as section 5304 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.

Subsection (g) hereof, referred to in par. (28), was redesignated par. (27) of this section by section 10221(a) of Pub. L. 111–148.

Subsection (c)(1) through (4) of this section, referred to in par. (28), was redesignated par. (13)(A) to (D) of this section by section 10221(a) of Pub. L. 111–148.

Codification

Amendment by Pub. L. 111–148 is based on section 104 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.

Amendments

2010—Pub. L. 111–148 substituted “In this chapter:” for “For purposes of this chapter—” in introductory provisions, redesignated pars. in subsecs. (c), (j), (k), and (l) as subpars. and realigned margins, redesignated subsecs. (a) to (q) as pars. (17), (18), (13), (14), (26), (28), (27), (29), (1), (20), (11), (7), (19), (10), (21), (8), and (9), respectively, and realigned margins, struck out former pars. (7), (9), (11), (20), and (26), as so redesignated, added pars. (2) to (7), (9), (11), (12), (15), (16), (20), and (22) to (26), arranged pars. in numerical order, and inserted heading and “The term” after each par. designation. Prior to amendment, pars. (7), (9), (11), (20), and (26), as so redesignated, defined disease prevention, FAS, health promotion, service unit, and tribal organization, respectively. Amendment directing redesignation of pars. contained in subsec. (c) as subpars. was executed by redesignating pars. (1) to (4) as subpars. (A) to (D), respectively, as the probable intent of Congress. Amendment directing the striking of paragraph “(12) (as redesignated by paragraph (3))” could not be executed because there was no par. (12) redesignated by par. (3).

1996—Subsec. (n). Pub. L. 104–313 inserted “allopathic medicine,” before “family medicine” and substituted “an allied health profession, or any other health profession” for “and allied health professions”.

1992—Subsec. (c). Pub. L. 102–573, § 902(1), substituted “sections 1612 and 1613 of this title” for “sections 1612, 1613, and 1621(c)(5) of this title”.

Subsecs. (m) to (q). Pub. L. 102–573, § 3(c), added subsecs. (m) to (q).

1988—Subsec. (h). Pub. L. 100–713, § 502, inserted “urban” after “governed by an”.

Subsec. (i). Pub. L. 100–713, § 201(b), added subsec. (i) and struck out former subsec. (i) which defined “rural Indian”.

Subsec. (j). Pub. L. 100–713, § 201(b), added subsec. (j) and struck out former subsec. (j) which defined “rural community”.

Subsec. (k). Pub. L. 100–713, §§ 201(b), 203(b), added subsec. (k) and struck out former subsec. (k) which defined “rural Indian organization”.

Subsec. (l). Pub. L. 100–713, § 203(b), added subsec. (l).

1980—Subsec. (a). Pub. L. 96–537, § 2(a), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.

Subsec. (h). Pub. L. 96–537, § 2(b), substituted “governed by an Indian controlled board of directors” for “composed of urban Indians”.

Subsecs. (i) to (k). Pub. L. 96–537, § 2(c), added subsecs. (i) to (k).

§1611. Congressional statement of purpose

25 U.S.C. § 1611

The purpose of this subchapter is to increase the number of Indians entering the health professions and to assure an adequate supply of health professionals to the Service, Indian tribes, tribal organizations, and urban Indian organizations involved in the provision of health care to Indian people.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 101, Sept. 30, 1976, 90 Stat. 1402; Pub. L. 102–573, title I, § 101, Oct. 29, 1992, 106 Stat. 4530.)

Editorial Notes

Amendments

1992—Pub. L. 102–573 amended section generally. Prior to amendment, section read as follows: “The purpose of this subchapter is to augment the inadequate number of health professionals serving Indians and remove the multiple barriers to the entrance of health professionals into the Service and private practice among Indians.”

Statutory Notes and Related Subsidiaries

Advisory Panel and Report on Recruitment and Retention

Pub. L. 100–713, title I, § 110, Nov. 23, 1988, 102 Stat. 4800, directed Secretary of Health and Human Services to establish an advisory panel composed of 10 physicians or other health professionals who are employees of, or assigned to, the Indian Health Service, 3 representatives of tribal health boards, and 1 representative of an urban health care organization, such advisory panel to conduct an investigation of (1) administrative policies and regulatory procedures which impede recruitment or retention of physicians and other health professionals by Indian Health Service, and (2) regulatory changes necessary to establish pay grades for health professionals employed by, or assigned to, the Service that correspond to the pay grades established for positions provided under 38 U.S.C. 4103 and 4104 and costs associated with establishing such pay grades, and, no later than the date that is 18 months after Nov. 23, 1988, to submit to Congress a report on the investigation, together with any recommendations for administrative or legislative changes in existing law, practices, or procedures.

§1612. Health professions recruitment program for Indians

25 U.S.C. § 1612

(a)

Grants for education and training— The Secretary, acting through the Service, shall make grants to public or nonprofit private health or educational entities or Indian tribes or tribal organizations to assist such entities in meeting the costs of—

(1)

identifying Indians with a potential for education or training in the health professions and encouraging and assisting them—

(A)

to enroll in courses of study in such health professions; or

(B)

if they are not qualified to enroll in any such courses of study, to undertake such postsecondary education or training as may be required to qualify them for enrollment;

(2)

publicizing existing sources of financial aid available to Indians enrolled in any course of study referred to in paragraph (1) of this subsection or who are undertaking training necessary to qualify them to enroll in any such course of study; or

(3)

establishing other programs which the Secretary determines will enhance and facilitate the enrollment of Indians in, and the subsequent pursuit and completion by them of, courses of study referred to in paragraph (1) of this subsection.

(b)

Application for grant; submittal and approval; preference; payment—

(1)

No grant may be made under this section unless an application therefor has been submitted to, and approved by, the Secretary. Such application shall be in such form, submitted in such manner, and contain such information, as the Secretary shall by regulation prescribe. The Secretary shall give a preference to applications submitted by Indian tribes or tribal organizations.

(2)

The amount of any grant under this section shall be determined by the Secretary. Payments pursuant to grants under this section may be made in advance or by way of reimbursement, and at such intervals and on such conditions as the Secretary finds necessary.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 102, Sept. 30, 1976, 90 Stat. 1402; Pub. L. 96–537, § 3(a), Dec. 17, 1980, 94 Stat. 3173; Pub. L. 100–713, title I, § 101, Nov. 23, 1988, 102 Stat. 4785; Pub. L. 102–573, title I, §§ 102(a), 117(b)(1), title IX, § 902(2)(A), Oct. 29, 1992, 106 Stat. 4530, 4544, 4591.)

Editorial Notes

Amendments

1992—Subsec. (a)(1). Pub. L. 102–573, § 102(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “identifying Indians with a potential for education or training in the health professions and encouraging and assisting them (A) to enroll in schools of medicine, osteopathy, dentistry, veterinary medicine, optometry, podiatry, pharmacy, public health, nursing, or allied health professions; or (B), if they are not qualified to enroll in any such school, to undertake such post-secondary education or training as may be required to qualify them for enrollment;”.

Subsec. (a)(2). Pub. L. 102–573, § 102(a)(2), substituted “course of study” for “school” in two places and “paragraph (1)” for “clause (1)(A)”.

Subsec. (a)(3). Pub. L. 102–573, § 102(a)(3), substituted “enrollment of Indians in, and the subsequent pursuit and completion by them of, courses of study referred to in paragraph (1) of this subsection” for “enrollment of Indians, and the subsequent pursuit and completion by them of courses of study, in any school referred to in clause (1)(A) of this subsection”.

Subsec. (b)(1). Pub. L. 102–573, § 902(2)(A), substituted “prescribe. The Secretary shall” for “: Provided, That the Secretary shall”.

Subsec. (c). Pub. L. 102–573, § 117(b)(1), struck out subsec. (c) which authorized appropriations for fiscal years 1989 to 1992.

1988—Subsec. (c). Pub. L. 100–713 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “For the purpose of making payments pursuant to grants under this section, there are authorized to be appropriated $900,000 for fiscal year 1978, $1,500,000 for fiscal year 1979, and $1,800,000 for fiscal year 1980. There are authorized to be appropriated to carry out this section $2,300,000 for the fiscal year ending September 30, 1981, $2,600,000 for the fiscal year ending September 30, 1982, $3,000,000 for the fiscal year ending September 30, 1983, and $3,500,000 for the fiscal year ending September 30, 1984.”

1980—Subsec. (c). Pub. L. 96–537 substituted provisions authorizing appropriation of specific amounts for fiscal years ending Sept. 30, 1981, Sept. 30, 1982, Sept. 30, 1983, and Sept. 30, 1984, for provisions authorizing appropriation of such amounts as may be specifically authorized by an act enacted after Sept. 30, 1976.

§1613. Health professions preparatory scholarship program for Indians

25 U.S.C. § 1613

(a)

Requirements— The Secretary, acting through the Service, shall make scholarship grants to Indians who—

(1)

have successfully completed their high school education or high school equivalency; and

(2)

have demonstrated the capability to successfully complete courses of study in the health professions.

(b)

Purposes and duration of grants; preprofessional and pregraduate education— Scholarship grants made pursuant to this section shall be for the following purposes:

(1)

Compensatory preprofessional education of any grantee, such scholarship not to exceed two years on a full-time basis (or the part-time equivalent thereof, as determined by the Secretary).

(2)

Pregraduate education of any grantee leading to a baccalaureate degree in an approved course of study preparatory to a field of study in a health profession, such scholarship not to exceed 4 years (or the part-time equivalent thereof, as determined by the Secretary).

(c)

Covered expenses— Scholarship grants made under this section may cover costs of tuition, books, transportation, board, and other necessary related expenses of a grantee while attending school.

(d)

Basis for denial of assistance— The Secretary shall not deny scholarship assistance to an eligible applicant under this section solely on the basis of the applicant’s scholastic achievement if such applicant has been admitted to, or maintained good standing at, an accredited institution.

(e)

Eligibility for assistance under other Federal programs— The Secretary shall not deny scholarship assistance to an eligible applicant under this section solely by reason of such applicant’s eligibility for assistance or benefits under any other Federal program.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 103, Sept. 30, 1976, 90 Stat. 1403; Pub. L. 96–537, § 3(b), Dec. 17, 1980, 94 Stat. 3174; Pub. L. 100–713, title I, § 102, Nov. 23, 1988, 102 Stat. 4785; Pub. L. 102–573, title I, § 102(b), Oct. 29, 1992, 106 Stat. 4530.)

Editorial Notes

Amendments

1992—Subsec. (a)(2). Pub. L. 102–573, § 102(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “have demonstrated the capability to successfully complete courses of study in schools of medicine, osteopathy, dentistry, veterinary medicine, optometry, podiatry, pharmacy, public health, nursing, or allied health professions.”

Subsec. (b)(1). Pub. L. 102–573, § 102(b)(2), inserted before period at end “on a full-time basis (or the part-time equivalent thereof, as determined by the Secretary)”.

Subsec. (b)(2). Pub. L. 102–573, § 102(b)(3), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Pregraduate education of any grantee leading to a baccalaureate degree in an approved premedicine, predentistry, preosteopathy, preveterinary medicine, preoptometry, or prepodiatry curriculum, such scholarship not to exceed four years.”

Subsec. (c). Pub. L. 102–573, § 102(b)(4), struck out “full time” after “while attending school”.

Subsec. (e). Pub. L. 102–573, § 102(b)(5), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “There are authorized to be appropriated for the purpose of carrying out the provisions of this section—

“(1) $3,000,000 for fiscal year 1989,

“(2) $3,700,000 for fiscal year 1990,

“(3) $4,400,000 for fiscal year 1991, and

“(4) $5,100,000 for fiscal year 1992.”

1988—Subsec. (c). Pub. L. 100–713, § 102(b), inserted “of a grantee while attending school full time” after “expenses”.

Subsecs. (d), (e). Pub. L. 100–713, § 102(a), added subsecs. (d) and (e) and struck out former subsec. (d) which read as follows: “There are authorized to be appropriated for the purpose of this section: $800,000 for fiscal year 1978, $1,000,000 for fiscal year 1979, and $1,300,000 for fiscal year 1980. There are authorized to be appropriated to carry out this section $3,510,000 for the fiscal year ending September 30, 1981, $4,000,000 for the fiscal year ending September 30, 1982, $4,620,000 for the fiscal year ending September 30, 1983, and $5,300,000 for the fiscal year ending September 30, 1984.”

1980—Subsec. (b). Pub. L. 96–537, § 3(b)(1), substituted provisions specifying in pars. (1) and (2), purposes for which scholarship grants could be made, for provisions that the scholarship grant shall be for a period not to exceed two academic years, which years shall be for compensatory preprofessional education of the grantee.

Subsec. (d). Pub. L. 96–537, § 3(b)(2), substituted provisions authorizing appropriation of specific amounts for fiscal years ending Sept. 30, 1981, Sept. 30, 1982, Sept. 30, 1983, and Sept. 30, 1984, for provisions authorizing appropriations of such amounts as may be specifically authorized by an act enacted after Sept. 30, 1976.

§1613a. Indian health professions scholarships

25 U.S.C. § 1613a

(a)

General authority— In order to provide health professionals to Indians, Indian tribes, tribal organizations, and urban Indian organizations, the Secretary, acting through the Service and in accordance with this section, shall make scholarship grants to Indians who are enrolled full or part time in appropriately accredited schools and pursuing courses of study in the health professions. Such scholarships shall be designated Indian Health Scholarships and shall be made in accordance with section 254l of title 42, except as provided in subsection (b) of this section.

(b)

Recipients; active duty service obligation—

(1)

The Secretary, acting through the Service, shall determine who shall receive scholarships under subsection (a) and shall determine the distribution of such scholarships among such health professions on the basis of the relative needs of Indians for additional service in such health professions.

(2)

An individual shall be eligible for a scholarship under subsection (a) in any year in which such individual is enrolled full or part time in a course of study referred to in subsection (a) of this section.

(3)

(A)

The active duty service obligation under a written contract with the Secretary under section 254l of title 42 that an individual has entered into under that section shall, if that individual is a recipient of an Indian Health Scholarship, be met in full-time practice, by service—

(i)

in the Indian Health Service;

(ii)

in a program conducted under a contract entered into under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.];

(iii)

in a program assisted under subchapter IV of this chapter;¹

(iv)

in the private practice of the applicable profession if, as determined by the Secretary, in accordance with guidelines promulgated by the Secretary, such practice is situated in a physician or other health professional shortage area and addresses the health care needs of a substantial number of Indians; or²

(B)

At the request of any individual who has entered into a contract referred to in subparagraph (A) and who receives a degree in medicine (including osteopathic or allopathic medicine), dentistry, optometry, podiatry, or pharmacy, the Secretary shall defer the active duty service obligation of that individual under that contract, in order that such individual may complete any internship, residency, or other advanced clinical training that is required for the practice of that health profession, for an appropriate period (in years, as determined by the Secretary), subject to the following conditions:

(i)

No period of internship, residency, or other advanced clinical training shall be counted as satisfying any period of obligated service that is required under this section.

(ii)

The active duty service obligation of that individual shall commence not later than 90 days after the completion of that advanced clinical training (or by a date specified by the Secretary).

(iii)

The active duty service obligation will be served in the health profession of that individual, in a manner consistent with clauses (i) through (v) of subparagraph (A).

(C)

A recipient of an Indian Health Scholarship may, at the election of the recipient, meet the active duty service obligation described in subparagraph (A) by service in a program specified in that subparagraph that—

(i)

is located on the reservation of the tribe in which the recipient is enrolled; or

(ii)

serves the tribe in which the recipient is enrolled.

(D)

Subject to subparagraph (C), the Secretary, in making assignments of Indian Health Scholarship recipients required to meet the active duty service obligation described in subparagraph (A), shall give priority to assigning individuals to service in those programs specified in subparagraph (A) that have a need for health professionals to provide health care services as a result of individuals having breached contracts entered into under this section.

(4)

In the case of an individual receiving a scholarship under this section who is enrolled part time in an approved course of study—

(A)

such scholarship shall be for a period of years not to exceed the part-time equivalent of 4 years, as determined by the Secretary;

(B)

the period of obligated service described in paragraph (3)(A) shall be equal to the greater of—

(i)

the part-time equivalent of one year for each year for which the individual was provided a scholarship (as determined by the Secretary); or

(ii)

two years; and

(C)

the amount of the monthly stipend specified in section 254l(g)(1)(B) of title 42 shall be reduced pro rata (as determined by the Secretary) based on the number of hours such student is enrolled.

(5)

(A)

An individual who has, on or after October 29, 1992, entered into a written contract with the Secretary under this section and who—

(i)

fails to maintain an acceptable level of academic standing in the educational institution in which he is enrolled (such level determined by the educational institution under regulations of the Secretary),

(ii)

is dismissed from such educational institution for disciplinary reasons,

(iii)

voluntarily terminates the training in such an educational institution for which he is provided a scholarship under such contract before the completion of such training, or

(iv)

fails to accept payment, or instructs the educational institution in which he is enrolled not to accept payment, in whole or in part, of a scholarship under such contract,

in lieu of any service obligation arising under such contract, shall be liable to the United States for the amount which has been paid to him, or on his behalf, under the contract.

(B)

If for any reason not specified in subparagraph (A) an individual breaches his written contract by failing either to begin such individual’s service obligation under this section or to complete such service obligation, the United States shall be entitled to recover from the individual an amount determined in accordance with the formula specified in subsection (l) of section 1616a of this title in the manner provided for in such subsection.

(C)

Upon the death of an individual who receives an Indian Health Scholarship, any obligation of that individual for service or payment that relates to that scholarship shall be canceled.

(D)

The Secretary shall provide for the partial or total waiver or suspension of any obligation of service or payment of a recipient of an Indian Health Scholarship if the Secretary determines that—

(i)

it is not possible for the recipient to meet that obligation or make that payment;

(ii)

requiring that recipient to meet that obligation or make that payment would result in extreme hardship to the recipient; or

(iii)

the enforcement of the requirement to meet the obligation or make the payment would be unconscionable.

(E)

Notwithstanding any other provision of law, in any case of extreme hardship or for other good cause shown, the Secretary may waive, in whole or in part, the right of the United States to recover funds made available under this section.

(F)

Notwithstanding any other provision of law, with respect to a recipient of an Indian Health Scholarship, no obligation for payment may be released by a discharge in bankruptcy under title 11, unless that discharge is granted after the expiration of the 5-year period beginning on the initial date on which that payment is due, and only if the bankruptcy court finds that the nondischarge of the obligation would be unconscionable.

(c)

Placement Office— The Secretary shall, acting through the Service, establish a Placement Office to develop and implement a national policy for the placement, to available vacancies within the Service, of Indian Health Scholarship recipients required to meet the active duty service obligation prescribed under section 254m of title 42 without regard to any competitive personnel system, agency personnel limitation, or Indian preference policy.

Footnotes

1 So in original. Probably should be followed by “or”.
2 So in original. The “; or” probably should be a period.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 104, as added Pub. L. 100–713, title I, § 104(a), Nov. 23, 1988, 102 Stat. 4786; amended Pub. L. 102–573, title I, §§ 102(c), 103, Oct. 29, 1992, 106 Stat. 4531, 4532; Pub. L. 104–313, § 2(b), Oct. 19, 1996, 110 Stat. 3820.)

Editorial Notes

References in Text

The Indian Self-Determination Act, referred to in subsec. (b)(3)(A)(ii), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 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.

Prior Provisions

A prior section 104 of Pub. L. 94–437, title I, Sept. 30, 1976, 90 Stat. 1403, amended former section 234 of Title 42, The Public Health and Welfare.

Amendments

1996—Subsec. (b)(3)(A). Pub. L. 104–313, § 2(b)(1)(A), substituted “The active duty service obligation under a written contract with the Secretary under section 254l of title 42 that an individual has entered into under that section shall, if that individual is a recipient of an Indian Health Scholarship, be met in full-time practice, by service—” for “The active duty service obligation prescribed under section 254m of title 42 shall be met by a recipient of an Indian Health Scholarship by service—” in introductory provisions, struck out “or” at end of cl. (iii), and substituted “; or” for period at end of cl. (iv).

Subsec. (b)(3)(B). Pub. L. 104–313, § 2(b)(1)(C), added subpar. (B). Former subpar. (B) redesignated (C).

Subsec. (b)(3)(C). Pub. L. 104–313, § 2(b)(1)(D), substituted “described in subparagraph (A) by service in a program specified in that subparagraph” for “prescribed under section 254m of title 42 by service in a program specified in subparagraph (A)”.

Pub. L. 104–313, § 2(b)(1)(B), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D).

Subsec. (b)(3)(D). Pub. L. 104–313, § 2(b)(1)(E), substituted “Subject to subparagraph (C),” for “Subject to subparagraph (B),” and “described in subparagraph (A)” for “prescribed under section 254m of title 42”.

Pub. L. 104–313, § 2(b)(1)(B), redesignated subpar. (C) as (D).

Subsec. (b)(4)(B). Pub. L. 104–313, § 2(b)(2)(A), substituted “the period of obligated service described in paragraph (3)(A) shall be equal to the greater of—” for “the period of obligated service specified in section 254l(f)(1)(B)(iv) of title 42 shall be equal to the greater of—” in introductory provisions.

Subsec. (b)(4)(C). Pub. L. 104–313, § 2(b)(2)(B), made technical amendment to reference in original act which appears in text as reference to section 254l(g)(1)(B) of title 42.

Subsec. (b)(5)(C) to (F). Pub. L. 104–313, § 2(b)(3), added subpars. (C) to (F).

1992—Subsec. (a). Pub. L. 102–573, § 102(c)(1)(C), substituted “accredited schools and pursuing courses of study in the health professions” for “accredited schools of medicine, osteopathy, podiatry, psychology, dentistry, environmental health and engineering, nursing, optometry, public health, allied health professions, and social work”.

Pub. L. 102–573, § 102(c)(1)(A), (B), substituted “Indians, Indian tribes, tribal organizations, and urban Indian organizations” for “Indian communities” and “full or part time” for “full time”.

Subsec. (b)(2). Pub. L. 102–573, § 102(c)(2)(A), substituted “full or part time” for “full time” and “course of study” for “health profession school”.

Subsec. (b)(3). Pub. L. 102–573, § 102(c)(2)(B), designated existing provisions as subpar. (A), redesignated former subpars. (A) to (D) as cls. (i) to (iv), respectively, and added subpars. (B) and (C).

Subsec. (b)(4). Pub. L. 102–573, § 102(c)(2)(C), added par. (4).

Subsec. (b)(5). Pub. L. 102–573, § 103, added par. (5).

Subsec. (c). Pub. L. 102–573, § 102(c)(3), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “For purposes of this section, the term ‘Indian’ has the same meaning given that term by subsection (c) of section 1603 of this title, including all individuals described in clauses (1) through (4) of that subsection.”

Subsec. (d). Pub. L. 102–573, § 102(c)(4), struck out subsec. (d) which authorized appropriations for fiscal years 1989 to 1992.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–573, title I, § 102(d), Oct. 29, 1992, 106 Stat. 4532, provided that: “The amendments made by subsection (c)(1)(C) and subsection (c)(2)(B) [amending this section] shall apply with respect to scholarships granted under section 104 of the Indian Health Care Improvement Act [this section] after the date of the enactment of this Act [Oct. 29, 1992].”

§1614. Indian health service extern programs

25 U.S.C. § 1614

(a)

Employment of scholarship grantees during nonacademic periods— Any individual who receives a scholarship grant pursuant to section 1613a of this title shall be entitled to employment in the Service during any nonacademic period of the year. Periods of employment pursuant to this subsection shall not be counted in determining the fulfillment of the service obligation incurred as a condition of the scholarship grant.

(b)

Employment of medical and other students during nonacademic periods— Any individual enrolled in a course of study in the health professions may be employed by the Service during any nonacademic period of the year. Any such employment shall not exceed one hundred and twenty days during any calendar year.

(c)

Employment without regard to competitive personnel system or agency personnel limitation; compensation— Any employment pursuant to this section shall be made without regard to any competitive personnel system or agency personnel limitation and to a position which will enable the individual so employed to receive practical experience in the health profession in which he or she is engaged in study. Any individual so employed shall receive payment for his or her services comparable to the salary he or she would receive if he or she were employed in the competitive system. Any individual so employed shall not be counted against any employment ceiling affecting the Service or the Department of Health and Human Services.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 105, Sept. 30, 1976, 90 Stat. 1404; Pub. L. 95–83, title III, § 307(n)(2), Aug. 1, 1977, 91 Stat. 393; Pub. L. 96–537, § 3(c), Dec. 17, 1980, 94 Stat. 3174; Pub. L. 100–713, title I, § 103, Nov. 23, 1988, 102 Stat. 4786; Pub. L. 102–573, title I, §§ 102(e), 117(b)(2), title IX, § 902(2)(B), Oct. 29, 1992, 106 Stat. 4532, 4544, 4591.)

Editorial Notes

Amendments

1992—Subsec. (a). Pub. L. 102–573, § 102(e)(1), substituted “section 1613a of this title” for “section 254r of title 42”.

Subsec. (b). Pub. L. 102–573, § 102(e)(2), substituted “course of study in the health professions” for “school of medicine, osteopathy, dentistry, veterinary medicine, optometry, podiatry, pharmacy, public health, nursing, or allied health professions”.

Subsec. (c). Pub. L. 102–573, § 902(2)(B), substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”.

Subsec. (d). Pub. L. 102–573, § 117(b)(2), struck out subsec. (d) which authorized appropriations for fiscal years 1989 to 1992.

1988—Subsec. (d). Pub. L. 100–713 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “There are authorized to be appropriated for the purpose of this section: $600,000 for fiscal year 1978, $800,000 for fiscal year 1979, and $1,000,000 for fiscal year 1980. There are authorized to be appropriated to carry out this section $990,000 for the fiscal year ending September 30, 1981, $1,140,000 for the fiscal year ending September 30, 1982, $1,310,000 for the fiscal year ending September 30, 1983, and $1,510,000 for the fiscal year ending September 30, 1984.”

1980—Subsec. (d). Pub. L. 96–537 substituted provisions authorizing appropriations of specific amounts for fiscal years ending Sept. 30, 1981, Sept. 30, 1982, Sept. 30, 1983, and Sept. 30, 1984, for provisions authorizing appropriation of such amounts as may be specifically authorized by an act enacted after Sept. 30, 1976.

1977—Subsec. (a). Pub. L. 95–83 substituted reference to “section 294y–1 of title 42” for reference to “section 104” meaning section 104 of Pub. L. 94–437, which added section 234(i)(2) of Title 42, The Public Health and Welfare.

§1615. Continuing education allowances

25 U.S.C. § 1615

In order to encourage scholarship and stipend recipients under sections 1613a, 1614, and 1616h of this title and health professionals, including community health representatives and emergency medical technicians, to join or continue in an Indian health program and to provide services in the rural and remote areas in which a significant portion of Indians reside, the Secretary, acting through the Service, may—

(1)

provide programs or allowances to transition into an Indian health program, including licensing, board or certification examination assistance, and technical assistance in fulfilling service obligations under sections 1613a, 1614, and 1616h of this title; and

(2)

provide programs or allowances to health professionals employed in an Indian health program to enable those professionals, for a period of time each year prescribed by regulation of the Secretary, to take leave of the duty stations of the professionals for professional consultation, management, leadership, and refresher training courses.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 106, Sept. 30, 1976, 90 Stat. 1404; Pub. L. 100–713, title I, § 105, Nov. 23, 1988, 102 Stat. 4787; Pub. L. 102–573, title I, §§ 104(a), 115, Oct. 29, 1992, 106 Stat. 4533, 4543; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Amendment by Pub. L. 111–148 is based on section 134(c) 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.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to discretionary allowances to health professionals employed in the Service to take leave for professional consultation and refresher training courses and included a limitation on use of appropriations to establish postdoctoral training programs for health professionals.

1992—Subsec. (a). Pub. L. 102–573, § 104(a), inserted “nurses,” after “physicians, dentists,”.

Subsec. (b). Pub. L. 102–573, § 115, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “There are authorized to be appropriated for the purpose of carrying out the provisions of this section—

“(1) $500,000 for fiscal year 1989,

“(2) $526,300 for fiscal year 1990,

“(3) $553,800 for fiscal year 1991, and

“(4) $582,500 for fiscal year 1992.”

1988—Subsec. (b). Pub. L. 100–713 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “There are authorized to be appropriated for the purpose of this section: $100,000 for fiscal year 1978, $200,000 for fiscal year 1979, and $250,000 for fiscal year 1980. For fiscal years 1981, 1982, 1983, and 1984 there are authorized to be appropriated for the purpose of this section such sums as may be specifically authorized by an Act enacted after this chapter.”

§1616. Community Health Representative Program

25 U.S.C. § 1616

(a)

Under the authority of section 13 of this title, the Secretary shall maintain a Community Health Representative Program under which the Service—

(1)

provides for the training of Indians as health paraprofessionals, and

(2)

uses such paraprofessionals in the provision of health care, health promotion, and disease prevention services to Indian communities.

(b)

The Secretary, acting through the Community Health Representative Program of the Service, shall—

(1)

provide a high standard of training for paraprofessionals to Community Health Representatives to ensure that the Community Health Representatives provide quality health care, health promotion, and disease prevention services to the Indian communities served by such Program,

(2)

in order to provide such training, develop and maintain a curriculum that—

(A)

combines education in the theory of health care with supervised practical experience in the provision of health care, and

(B)

provides instruction and practical experience in health promotion and disease prevention activities, with appropriate consideration given to lifestyle factors that have an impact on Indian health status, such as alcoholism, family dysfunction, and poverty,

(3)

maintain a system which identifies the needs of Community Health Representatives for continuing education in health care, health promotion, and disease prevention and maintain programs that meet the needs for such continuing education,

(4)

maintain a system that provides close supervision of Community Health Representatives,

(5)

maintain a system under which the work of Community Health Representatives is reviewed and evaluated, and

(6)

promote traditional health care practices of the Indian tribes served consistent with the Service standards for the provision of health care, health promotion, and disease prevention.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 107, as added Pub. L. 100–713, title I, § 107, Nov. 23, 1988, 102 Stat. 4788; amended Pub. L. 102–573, title I, § 105, Oct. 29, 1992, 106 Stat. 4535.)

Editorial Notes

Amendments

1992—Subsec. (b)(2). Pub. L. 102–573, § 105(1), inserted “and maintain” in introductory provisions.

Subsec. (b)(2)(B). Pub. L. 102–573, § 105(2), inserted at end “with appropriate consideration given to lifestyle factors that have an impact on Indian health status, such as alcoholism, family dysfunction, and poverty,”.

Subsec. (b)(3). Pub. L. 102–573, § 105(3), substituted “maintain” for “develop” in two places.

Subsec. (b)(4). Pub. L. 102–573, § 105(4), struck out “develop and” before “maintain”.

Subsec. (b)(5). Pub. L. 102–573, § 105(3), substituted “maintain” for “develop”.

§1616a. Indian Health Service Loan Repayment Program

25 U.S.C. § 1616a

(a)

Establishment—

(1)

The Secretary, acting through the Service, shall establish a program to be known as the Indian Health Service Loan Repayment Program (hereinafter referred to as the “Loan Repayment Program”) in order to assure an adequate supply of trained health professionals necessary to maintain accreditation of, and provide health care services to Indians through, Indian health programs.

(2)

For the purposes of this section—

(A)

the term “Indian health program” means any health program or facility funded, in whole or part, by the Service for the benefit of Indians and administered—

(i)

directly by the Service;

(ii)

by any Indian tribe or tribal or Indian organization pursuant to a contract under—

(I)

the Indian Self-Determination Act [25 U.S.C. 5321 et seq.], or

(II)

section 23 of the Act of April 30, 1908¹ (25 U.S.C. 47), popularly known as the “Buy-Indian” Act; or

(iii)

by an urban Indian organization pursuant to subchapter IV of this chapter; and

(B)

the term “State” has the same meaning given such term in section 254d(i)(4)¹ of title 42.

(b)

Eligibility— To be eligible to participate in the Loan Repayment Program, an individual must—

(1)

(A)

be enrolled—

(i)

in a course of study or program in an accredited institution, as determined by the Secretary, within any State and be scheduled to complete such course of study in the same year such individual applies to participate in such program; or

(ii)

in an approved graduate training program in a health profession; or

(B)

have—

(i)

a degree in a health profession; and

(ii)

a license to practice a health profession in a State;

(2)

(A)

be eligible for, or hold, an appointment as a commissioned officer in the Regular or Reserve Corps² of the Public Health Service;

(B)

be eligible for selection for civilian service in the Regular or Reserve Corps² of the Public Health Service;

(C)

meet the professional standards for civil service employment in the Indian Health Service; or

(D)

be employed in an Indian health program without a service obligation; and

(3)

submit to the Secretary an application for a contract described in subsection (f).

(c)

Application and contract forms—

(1)

In disseminating application forms and contract forms to individuals desiring to participate in the Loan Repayment Program, the Secretary shall include with such forms a fair summary of the rights and liabilities of an individual whose application is approved (and whose contract is accepted) by the Secretary, including in the summary a clear explanation of the damages to which the United States is entitled under subsection (l) in the case of the individual’s breach of the contract. The Secretary shall provide such individuals with sufficient information regarding the advantages and disadvantages of service as a commissioned officer in the Regular or Reserve Corps² of the Public Health Service or a civilian employee of the Indian Health Service to enable the individual to make a decision on an informed basis.

(2)

The application form, contract form, and all other information furnished by the Secretary under this section shall be written in a manner calculated to be understood by the average individual applying to participate in the Loan Repayment Program.

(3)

The Secretary shall make such application forms, contract forms, and other information available to individuals desiring to participate in the Loan Repayment Program on a date sufficiently early to ensure that such individuals have adequate time to carefully review and evaluate such forms and information.

(d)

Vacancies; priority—

(1)

Consistent with paragraph (3), the Secretary, acting through the Service and in accordance with subsection (k), shall annually—

(A)

identify the positions in each Indian health program for which there is a need or a vacancy, and

(B)

rank those positions in order of priority.

(2)

Consistent with the priority determined under paragraph (1), the Secretary, in determining which applications under the Loan Repayment Program to approve (and which contracts to accept), shall give priority to applications made by—

(A)

Indians; and

(B)

individuals recruited through the efforts of Indian tribes or tribal or Indian organizations.

(3)

(A)

Subject to subparagraph (B), of the total amounts appropriated for each of the fiscal years 1993, 1994, and 1995 for loan repayment contracts under this section, the Secretary shall provide that—

(i)

not less than 25 percent be provided to applicants who are nurses, nurse practitioners, or nurse midwives; and

(ii)

not less than 10 percent be provided to applicants who are mental health professionals (other than applicants described in clause (i)).

(B)

The requirements specified in clause (i) or clause (ii) of subparagraph (A) shall not apply if the Secretary does not receive the number of applications from the individuals described in clause (i) or clause (ii), respectively, necessary to meet such requirements.

(e)

Approval—

(1)

An individual becomes a participant in the Loan Repayment Program only upon the Secretary and the individual entering into a written contract described in subsection (f).

(2)

The Secretary shall provide written notice to an individual promptly on—

(A)

the Secretary’s approving, under paragraph (1), of the individual’s participation in the Loan Repayment Program, including extensions resulting in an aggregate period of obligated service in excess of 4 years; or

(B)

the Secretary’s disapproving an individual’s participation in such Program.

(f)

Contract terms— The written contract referred to in this section between the Secretary and an individual shall contain—

(1)

an agreement under which—

(A)

subject to paragraph (3), the Secretary agrees—

(i)

to pay loans on behalf of the individual in accordance with the provisions of this section, and

(ii)

to accept (subject to the availability of appropriated funds for carrying out this section) the individual into the Service or place the individual with a tribe or Indian organization as provided in subparagraph (B)(iii), and

(B)

subject to paragraph (3), the individual agrees—

(i)

to accept loan payments on behalf of the individual;

(ii)

in the case of an individual described in subsection (b)(1)—

(I)

to maintain enrollment in a course of study or training described in subsection (b)(1)(A) until the individual completes the course of study or training, and

(II)

while enrolled in such course of study or training, to maintain an acceptable level of academic standing (as determined under regulations of the Secretary by the educational institution offering such course of study or training);

(iii)

to serve for a time period (hereinafter in this section referred to as the “period of obligated service”) equal to 2 years or such longer period as the individual may agree to serve in the full-time clinical practice of such individual’s profession in an Indian health program to which the individual may be assigned by the Secretary;

(2)

a provision permitting the Secretary to extend for such longer additional periods, as the individual may agree to, the period of obligated service agreed to by the individual under paragraph (1)(B)(iii);

(3)

a provision that any financial obligation of the United States arising out of a contract entered into under this section and any obligation of the individual which is conditioned thereon is contingent upon funds being appropriated for loan repayments under this section;

(4)

a statement of the damages to which the United States is entitled under subsection (l) for the individual’s breach of the contract; and

(5)

such other statements of the rights and liabilities of the Secretary and of the individual, not inconsistent with this section.

(g)

Loan repayment purposes; maximum amount; tax liability reimbursement; schedule of payments—

(1)

A loan repayment provided for an individual under a written contract under the Loan Repayment Program shall consist of payment, in accordance with paragraph (2), on behalf of the individual of the principal, interest, and related expenses on government and commercial loans received by the individual regarding the undergraduate or graduate education of the individual (or both), which loans were made for—

(A)

tuition expenses;

(B)

all other reasonable educational expenses, including fees, books, and laboratory expenses, incurred by the individual; and

(C)

reasonable living expenses as determined by the Secretary.

(2)

(A)

For each year of obligated service that an individual contracts to serve under subsection (f) the Secretary may pay up to $35,000 (or an amount equal to the amount specified in section 254l–1(g)(2)(A) of title 42) on behalf of the individual for loans described in paragraph (1). In making a determination of the amount to pay for a year of such service by an individual, the Secretary shall consider the extent to which each such determination—

(i)

affects the ability of the Secretary to maximize the number of contracts that can be provided under the Loan Repayment Program from the amounts appropriated for such contracts;

(ii)

provides an incentive to serve in Indian health programs with the greatest shortages of health professionals; and

(iii)

provides an incentive with respect to the health professional involved remaining in an Indian health program with such a health professional shortage, and continuing to provide primary health services, after the completion of the period of obligated service under the Loan Repayment Program.

(B)

Any arrangement made by the Secretary for the making of loan repayments in accordance with this subsection shall provide that any repayments for a year of obligated service shall be made no later than the end of the fiscal year in which the individual completes such year of service.

(3)

For the purpose of providing reimbursements for tax liability resulting from payments under paragraph (2) on behalf of an individual, the Secretary—

(A)

in addition to such payments, may make payments to the individual in an amount not less than 20 percent and not more than 39 percent of the total amount of loan repayments made for the taxable year involved; and

(B)

may make such additional payments as the Secretary determines to be appropriate with respect to such purpose.

(4)

The Secretary may enter into an agreement with the holder of any loan for which payments are made under the Loan Repayment Program to establish a schedule for the making of such payments.

(h)

Effect on employment ceiling of Department of Health and Human Services— Notwithstanding any other provision of law, individuals who have entered into written contracts with the Secretary under this section, while undergoing academic training, shall not be counted against any employment ceiling affecting the Department of Health and Human Services.

(i)

Recruiting programs— The Secretary shall conduct recruiting programs for the Loan Repayment Program and other health professional programs of the Service at educational institutions training health professionals or specialists identified in subsection (a).

(j)

Prohibition of assignment to other government departments— Section 215 of title 42 shall not apply to individuals during their period of obligated service under the Loan Repayment Program.

(k)

Staff needs of health programs administered by Indian tribes— The Secretary, in assigning individuals to serve in Indian health programs pursuant to contracts entered into under this section, shall—

(1)

ensure that the staffing needs of Indian health programs administered by an Indian tribe or tribal or health organization receive consideration on an equal basis with programs that are administered directly by the Service; and

(2)

give priority to assigning individuals to Indian health programs that have a need for health professionals to provide health care services as a result of individuals having breached contracts entered into under this section.

(l)

Voluntary termination of study or dismissal from educational institution; collection of damages—

(1)

An individual who has entered into a written contract with the Secretary under this section and who—

(A)

is enrolled in the final year of a course of study and who—

(i)

fails to maintain an acceptable level of academic standing in the educational institution in which he is enrolled (such level determined by the educational institution under regulations of the Secretary);

(ii)

voluntarily terminates such enrollment; or

(iii)

is dismissed from such educational institution before completion of such course of study; or

(B)

is enrolled in a graduate training program, fails to complete such training program, and does not receive a waiver from the Secretary under subsection (b)(1)(B)(ii),

shall be liable, in lieu of any service obligation arising under such contract, to the United States for the amount which has been paid on such individual’s behalf under the contract.

(2)

If, for any reason not specified in paragraph (1), an individual breaches his written contract under this section by failing either to begin, or complete, such individual’s period of obligated service in accordance with subsection (f), the United States shall be entitled to recover from such individual an amount to be determined in accordance with the following formula:

A=3Z(t-s/t)

in which—

(A)

“A” is the amount the United States is entitled to recover;

(B)

“Z” is the sum of the amounts paid under this section to, or on behalf of, the individual and the interest on such amounts which would be payable if, at the time the amounts were paid, they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States;

(C)

“t” is the total number of months in the individual’s period of obligated service in accordance with subsection (f); and

(D)

“s” is the number of months of such period served by such individual in accordance with this section.

Amounts not paid within such period shall be subject to collection through deductions in Medicare payments pursuant to section 1395ccc of title 42.

(3)

(A)

Any amount of damages which the United States is entitled to recover under this subsection shall be paid to the United States within the 1-year period beginning on the date of the breach or such longer period beginning on such date as shall be specified by the Secretary.

(B)

If damages described in subparagraph (A) are delinquent for 3 months, the Secretary shall, for the purpose of recovering such damages—

(i)

utilize collection agencies contracted with by the Administrator of the General Services Administration; or

(ii)

enter into contracts for the recovery of such damages with collection agencies selected by the Secretary.

(C)

Each contract for recovering damages pursuant to this subsection shall provide that the contractor will, not less than once each 6 months, submit to the Secretary a status report on the success of the contractor in collecting such damages. Section 3718 of title 31 shall apply to any such contract to the extent not inconsistent with this subsection.

(m)

Cancellation or waiver of obligations; bankruptcy discharge—

(1)

Any obligation of an individual under the Loan Repayment Program for service or payment of damages shall be canceled upon the death of the individual.

(2)

The Secretary shall by regulation provide for the partial or total waiver or suspension of any obligation of service or payment by an individual under the Loan Repayment Program whenever compliance by the individual is impossible or would involve extreme hardship to the individual and if enforcement of such obligation with respect to any individual would be unconscionable.

(3)

The Secretary may waive, in whole or in part, the rights of the United States to recover amounts under this section in any case of extreme hardship or other good cause shown, as determined by the Secretary.

(4)

Any obligation of an individual under the Loan Repayment Program for payment of damages may be released by a discharge in bankruptcy under title 11 only if such discharge is granted after the expiration of the 5-year period beginning on the first date that payment of such damages is required, and only if the bankruptcy court finds that nondischarge of the obligation would be unconscionable.

(n)

Annual report— The Secretary shall submit to the President, for inclusion in each report required to be submitted to the Congress under section 1671 of this title, a report concerning the previous fiscal year which sets forth—

(1)

the health professional positions maintained by the Service or by tribal or Indian organizations for which recruitment or retention is difficult;

(2)

the number of Loan Repayment Program applications filed with respect to each type of health profession;

(3)

the number of contracts described in subsection (f) that are entered into with respect to each health profession;

(4)

the amount of loan payments made under this section, in total and by health profession;

(5)

the number of scholarship grants that are provided under section 1613a of this title with respect to each health profession;

(6)

the amount of scholarship grants provided under section 1613a of this title, in total and by health profession;

(7)

the number of providers of health care that will be needed by Indian health programs, by location and profession, during the three fiscal years beginning after the date the report is filed; and

(8)

the measures the Secretary plans to take to fill the health professional positions maintained by the Service or by tribes or tribal or Indian organizations for which recruitment or retention is difficult.

Footnotes

1 See References in Text note below.
2 See Change of Name note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 108, as added Pub. L. 100–713, title I, § 108, Nov. 23, 1988, 102 Stat. 4789; amended Pub. L. 102–573, title I, §§ 106(a)–(g)(1), (h), (i), 117(b)(3), title IX, § 902(2)(C), (D), Oct. 29, 1992, 106 Stat. 4535–4537, 4544, 4591.)

Editorial Notes

References in Text

The Indian Self-Determination Act, referred to in subsec. (a)(2)(A)(ii)(I), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 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.

Section 23 of the Act of April 30, 1908, referred to in subsec. (a)(2)(A)(ii)(II), probably should be a reference to section 23 of act June 25, 1910, ch. 431, 36 Stat. 861, which is popularly known as the “Buy Indian Act”, and is classified to section 47 of this title. Act Apr. 30, 1908, ch. 153, 35 Stat. 70, does not contain a section 23 but does have provisions (at 35 Stat. 71) similar to those in section 23 of act June 25, 1910, ch. 431, 36 Stat. 861.

Section 254d(i)(4) of title 42, referred to in subsec. (a)(2)(B), was redesignated section 254d(j)(4) of title 42 by Pub. L. 107–251, title III, § 310(b)(1), Oct. 26, 2002, 116 Stat. 1643.

Amendments

1992—Subsec. (a)(1). Pub. L. 102–573, § 106(a)(1), substituted “health professionals” for “physicians, dentists, nurses, nurse practitioners, physician assistants, clinical and counseling psychologists, graduates of schools of public health, graduates of schools of social work, and other health professionals”.

Subsec. (b)(1)(A)(i). Pub. L. 102–573, § 106(a)(2)(A)(i), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “as a full-time student in the final year of a course of study or program in an accredited institution, as determined by the Secretary, within any State; or”.

Subsec. (b)(1)(A)(ii). Pub. L. 102–573, § 106(a)(2)(A)(ii), substituted “a health profession” for “medicine, osteopathy, dentistry, or other health profession”.

Subsec. (b)(1)(B). Pub. L. 102–573, § 106(a)(2)(B), in cl. (i), substituted “a degree in a health profession; and” for “a degree in medicine, osteopathy, dentistry, or other health profession;”, redesignated cl. (iii) as (ii) and substituted “a health profession” for “medicine, osteopathy, dentistry, or other health profession”, and struck out former cl. (ii) which read as follows: “completed an approved graduate training program in medicine, osteopathy, dentistry, or other health profession in a State, except that the Secretary may waive the completion requirement of this clause for good cause; and”.

Subsec. (b)(2) to (4). Pub. L. 102–573, § 106(a)(2)(C), inserted “and” at end of par. (2)(D), added par. (3), and struck out former pars. (3) and (4) which read as follows:

“(3) submit an application to participate in the Loan Repayment Program; and

“(4) sign and submit to the Secretary, at the time of submission of such application, a written contract (described in subsection (f) of this section) to accept repayment of educational loans and to serve (in accordance with this section) for the applicable period of obligated service in an Indian health program.”

Subsec. (d)(1). Pub. L. 102–573, § 106(b)(1), substituted “Consistent with paragraph (3), the” for “The”.

Subsec. (d)(1)(A). Pub. L. 102–573, § 902(2)(C), substituted “Indian health” for “Indian Health”.

Subsec. (d)(3). Pub. L. 102–573, § 106(b)(2), added par. (3).

Subsec. (e)(1). Pub. L. 102–573, § 106(c), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “An individual becomes a participant in the Loan Repayment Program only on the Secretary’s approval of the individual’s application submitted under subsection (b)(3) of this section and the Secretary’s acceptance of the contract submitted by the individual under subsection (b)(4) of this section.”

Subsec. (e)(2)(A). Pub. L. 102–573, § 106(d), inserted “, including extensions resulting in an aggregate period of obligated service in excess of 4 years” before “; or”.

Subsec. (g)(1). Pub. L. 102–573, § 106(e), in introductory provisions, substituted “loans received by the individual regarding the undergraduate or graduate education of the individual (or both), which loans were made for” for “loans received by the individual for”.

Subsec. (g)(2)(A). Pub. L. 102–573, § 106(f), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Except as provided in subparagraph (B) and paragraph (3), for each year of obligated service for which an individual contracts to serve under subsection (f) of this section, the Secretary may pay up to $25,000 on behalf of the individual for loans described in paragraph (1).”

Subsec. (g)(3). Pub. L. 102–573, § 106(g)(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “In addition to payments made under paragraph (2), in any case in which payments on behalf of an individual under the Loan Repayment Program result in an increase in Federal, State, or local income tax liability for such individual, the Secretary may, on the request of such individual, make payments to such individual in a reasonable amount, as determined by the Secretary, to reimburse such individual for all or part of the increased tax liability of the individual.”

Subsec. (i). Pub. L. 102–573, § 902(2)(D), substituted “health professional programs of the Service” for “Service manpower programs”.

Subsec. (k). Pub. L. 102–573, § 106(h), amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: “The Secretary shall ensure that the staffing needs of Indian health programs administered by any Indian tribe or tribal or Indian organization receive consideration on an equal basis with programs that are administered directly by the Service.”

Subsec. (n). Pub. L. 102–573, § 106(i), amended subsec. (n) generally. Prior to amendment, subsec. (n) consisted of pars. (1) and (2) requiring submission of annual reports to Congress by the first of March and the first of July of each year.

Subsec. (o). Pub. L. 102–573, § 117(b)(3), struck out subsec. (o) which read as follows: “There are authorized to be appropriated such sums as may be necessary for each fiscal year to carry out the provisions of this section.”

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.

Effective Date of 1992 Amendment

Pub. L. 102–573, title I, § 106(g)(2), Oct. 29, 1992, 106 Stat. 4537, provided that: “The amendment made by paragraph (1) [amending this section] shall apply only with respect to contracts under section 108 of the Indian Health Care Improvement Act [this section] entered into on or after the date of enactment of this Act [Oct. 29, 1992].”

§1616a–1. Scholarship and Loan Repayment Recovery Fund

25 U.S.C. § 1616a–1

(a)

Establishment— There is established in the Treasury of the United States a fund to be known as the Indian Health Scholarship and Loan Repayment Recovery Fund (hereafter in this section referred to as the “Fund”). The Fund shall consist of such amounts as may be appropriated to the Fund under subsection (b). Amounts appropriated for the Fund shall remain available until expended.

(b)

Authorization of appropriations— For each fiscal year, there is authorized to be appropriated to the Fund an amount equal to the sum of—

(1)

the amount collected during the preceding fiscal year by the Federal Government pursuant to—

(A)

the liability of individuals under subparagraph (A) or (B) of section 1613a(b)(5) of this title for the breach of contracts entered into under section 1613a of this title; and

(B)

the liability of individuals under section 1616a(l) of this title for the breach of contracts entered into under section 1616a of this title; and

(2)

the aggregate amount of interest accruing during the preceding fiscal year on obligations held in the Fund pursuant to subsection (d) and the amount of proceeds from the sale or redemption of such obligations during such fiscal year.

(c)

Use of funds—

(1)

Amounts in the Fund and available pursuant to appropriation Acts may be expended by the Secretary, acting through the Service, to make payments to an Indian tribe or tribal organization administering a health care program pursuant to a contract entered into under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.]—

(A)

to which a scholarship recipient under section 1613a of this title or a loan repayment program participant under section 1616a of this title has been assigned to meet the obligated service requirements pursuant to¹ sections; and

(B)

that has a need for a health professional to provide health care services as a result of such recipient or participant having breached the contract entered into under section 1613a of this title or section 1616a of this title.

(2)

An Indian tribe or tribal organization receiving payments pursuant to paragraph (1) may expend the payments to recruit and employ, directly or by contract, health professionals to provide health care services.

(d)

Investment of excess funds—

(1)

The Secretary of the Treasury shall invest such amounts of the Fund as such Secretary determines are not required to meet current withdrawals from the Fund. Such investments may be made only in interest-bearing obligations of the United States. For such purpose, such obligations may be acquired on original issue at the issue price, or by purchase of outstanding obligations at the market price.

(2)

Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.

Footnotes

1 So in original. Probably should be “to such”.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 108A, as added Pub. L. 102–573, title I, § 110, Oct. 29, 1992, 106 Stat. 4538.)

Editorial Notes

References in Text

The Indian Self-Determination Act, referred to in subsec. (c)(1), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 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.

§1616b. Recruitment activities

25 U.S.C. § 1616b

(a)

The Secretary may reimburse health professionals seeking positions in the Service, including individuals considering entering into a contract under section 1616a of this title, and their spouses, for actual and reasonable expenses incurred in traveling to and from their places of residence to an area in which they may be assigned for the purpose of evaluating such area with respect to such assignment.

(b)

The Secretary, acting through the Service, shall assign one individual in each area office to be responsible on a full-time basis for recruitment activities.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 109, as added Pub. L. 100–713, title I, § 108, Nov. 23, 1988, 102 Stat. 4794; amended Pub. L. 102–573, title I, § 107, Oct. 29, 1992, 106 Stat. 4538.)

Editorial Notes

Amendments

1992—Pub. L. 102–573, § 107(1), substituted “Recruitment activities” for “Travel expenses for recruitment” in section catchline.

Subsec. (b). Pub. L. 102–573, § 107(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “There are authorized to be appropriated $100,000 for each of the fiscal years 1990, 1991, and 1992, for the purpose of carrying out the provisions of this section.”

§1616c. Tribal recruitment and retention program

25 U.S.C. § 1616c

(a)

Projects funded on competitive basis— The Secretary, acting through the Service, shall fund, on a competitive basis, projects to enable Indian tribes and tribal and Indian organizations to recruit, place, and retain health professionals to meet the staffing needs of Indian health programs (as defined in section 1616a(a)(2) of this title).

(b)

Eligibility—

(1)

Any Indian tribe or tribal or Indian organization may submit an application for funding of a project pursuant to this section.

(2)

Indian tribes and tribal and Indian organizations under the authority of the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] shall be given an equal opportunity with programs that are administered directly by the Service to compete for, and receive, grants under subsection (a) for such projects.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 110, as added Pub. L. 100–713, title I, § 108, Nov. 23, 1988, 102 Stat. 4794; amended Pub. L. 102–573, title I, § 117(b)(4), Oct. 29, 1992, 106 Stat. 4544.)

Editorial Notes

References in Text

The Indian Self-Determination Act, referred to in subsec. (b)(2), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 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.

Amendments

1992—Subsec. (c). Pub. L. 102–573 struck out subsec. (c) which authorized appropriations for fiscal years 1990 to 1992.

§1616d. Advanced training and research

25 U.S.C. § 1616d

(a)

Establishment of program— The Secretary, acting through the Service, shall establish a program to enable health professionals to pursue advanced training or research in areas of study for which the Secretary determines a need exists. In selecting participants for a program established under this subsection, the Secretary, acting through the Service, shall give priority to applicants who are employed by the Indian Health Service, Indian tribes, tribal organizations, and urban Indian organizations, at the time of the submission of the applications.

(b)

Obligated service— An individual who participates in a program under subsection (a), where the educational costs are borne by the Service, shall incur an obligation to serve in an Indian health program (as defined in section 1616a(a)(2) of this title) for a period of obligated service equal to at least the period of time during which the individual participates in such program. In the event that the individual fails to complete such obligated service, the individual shall be liable to the United States for the period of service remaining. In such event, with respect to individuals entering the program after October 29, 1992, the United States shall be entitled to recover from such individual an amount to be determined in accordance with the formula specified in subsection (l) of section 1616a of this title in the manner provided for in such subsection.

(c)

Eligibility— Health professionals from Indian tribes and tribal and Indian organizations under the authority of the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] shall be given an equal opportunity to participate in the program under subsection (a).

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 111, as added Pub. L. 100–713, title I, § 108, Nov. 23, 1988, 102 Stat. 4795; amended Pub. L. 102–573, title I, § 108, Oct. 29, 1992, 106 Stat. 4538; Pub. L. 103–435, § 16(a), Nov. 2, 1994, 108 Stat. 4573.)

Editorial Notes

References in Text

The Indian Self-Determination Act, referred to in subsec. (c), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 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.

Amendments

1994—Subsec. (a). Pub. L. 103–435, § 16(a)(1), struck out “who have worked in an Indian health program (as defined in section 1616a(a)(2) of this title) for a substantial period of time” after “health professionals” and inserted at end “In selecting participants for a program established under this subsection, the Secretary, acting through the Service, shall give priority to applicants who are employed by the Indian Health Service, Indian tribes, tribal organizations, and urban Indian organizations, at the time of the submission of the applications.”

Subsec. (b). Pub. L. 103–435, § 16(a)(2), inserted “(as defined in section 1616a(a)(2) of this title)” after “Indian health program”.

1992—Subsec. (b). Pub. L. 102–573, § 108(1), amended last sentence generally. Prior to amendment, last sentence read as follows: “The Secretary shall develop standards for appropriate recoupment for such remaining service.”

Subsec. (d). Pub. L. 102–573, § 108(2), struck out subsec. (d) which directed Secretary to prescribe regulations to carry out this section.

§1616e. Nursing program

25 U.S.C. § 1616e

(a)

Grants— The Secretary, acting through the Service, shall provide grants to—

(1)

public or private schools of nursing,

(2)

tribally controlled community colleges and tribally controlled postsecondary vocational institutions (as defined in section 2397h(2)¹ of title 20), and

(3)

nurse midwife programs, and nurse practitioner programs, that are provided by any public or private institution,

for the purpose of increasing the number of nurses, nurse midwives, and nurse practitioners who deliver health care services to Indians.

(b)

Purposes— Grants provided under subsection (a) may be used to—

(1)

recruit individuals for programs which train individuals to be nurses, nurse midwives, or nurse practitioners,

(2)

provide scholarships to individuals enrolled in such programs that may pay the tuition charged for such program and other expenses incurred in connection with such program, including books, fees, room and board, and stipends for living expenses,

(3)

provide a program that encourages nurses, nurse midwives, and nurse practitioners to provide, or continue to provide, health care services to Indians,

(4)

provide a program that increases the skills of, and provides continuing education to, nurses, nurse midwives, and nurse practitioners, or

(5)

provide any program that is designed to achieve the purpose described in subsection (a).

(c)

Application— Each application for a grant under subsection (a) shall include such information as the Secretary may require to establish the connection between the program of the applicant and a health care facility that primarily serves Indians.

(d)

Preference— In providing grants under subsection (a), the Secretary shall extend a preference to—

(1)

programs that provide a preference to Indians,

(2)

programs that train nurse midwives or nurse practitioners,

(3)

programs that are interdisciplinary, and

(4)

programs that are conducted in cooperation with a center for gifted and talented Indian students established under section 2624(a)¹ of this title.

(e)

Quentin N. Burdick American Indians Into Nursing Program— The Secretary shall provide one of the grants authorized under subsection (a) to establish and maintain a program at the University of North Dakota to be known as the “Quentin N. Burdick American Indians Into Nursing Program”. Such program shall, to the maximum extent feasible, coordinate with the Quentin N. Burdick Indian Health Programs established under section 1616g(b) of this title and the Quentin N. Burdick American Indians Into Psychology Program established under section 1621p(b) of this title.

(f)

Service obligation— The active duty service obligation prescribed under section 254m of title 42 shall be met by each individual who receives training or assistance described in paragraph (1) or (2) of subsection (b) that is funded by a grant provided under subsection (a). Such obligation shall be met by service—

(A)

in the Indian Health Service;

(B)

in a program conducted under a contract entered into under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.];

(C)

in a program assisted under subchapter IV of this chapter; or

(D)

in the private practice of nursing if, as determined by the Secretary, in accordance with guidelines promulgated by the Secretary, such practice is situated in a physician or other health professional shortage area and addresses the health care needs of a substantial number of Indians.

(g)

Authorization of appropriations— Beginning with fiscal year 1993, of the amounts appropriated under the authority of this subchapter for each fiscal year to be used to carry out this section, not less than $1,000,000 shall be used to provide grants under subsection (a) for the training of nurse midwives, nurse anesthetists, and nurse practitioners.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 112, as added Pub. L. 100–713, title I, § 108, Nov. 23, 1988, 102 Stat. 4795; amended Pub. L. 102–573, title I, §§ 104(b), (c), 114(a), Oct. 29, 1992, 106 Stat. 4533, 4543.)

Editorial Notes

References in Text

Section 2397h of title 20, referred to in subsec. (a)(2), was omitted in the general amendment of chapter 44 (§ 2301 et seq.) of Title 20, Education, by Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3076.

Section 2624 of this title, referred to in subsec. (d)(4), was repealed by Pub. L. 103–382, title III, § 367, Oct. 20, 1994, 108 Stat. 3976.

The Indian Self-Determination Act, referred to in subsec. (f)(B), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 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.

Amendments

1992—Subsec. (a)(2). Pub. L. 102–573, § 114(a), inserted “and tribally controlled postsecondary vocational institutions (as defined in section 2397h(2) of title 20)” after “community colleges”.

Subsecs. (e), (f). Pub. L. 102–573, § 104(b), added subsec. (e) and redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 102–573, § 104(c), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows:

“(1) There are authorized to be appropriated for each of the fiscal years 1990, 1991, and 1992, $5,000,000 for the purpose of carrying out the provisions of this section.

“(2) Of the amounts appropriated under the authority of paragraph (1) for each fiscal year, the Secretary shall use at least $1,000,000 to provide grants under subsection (a) for the training of nurse midwives.”

Pub. L. 102–573, § 104(b)(1), redesignated subsec. (f) as (g).

§1616e–1. Nursing school clinics

25 U.S.C. § 1616e–1

(a)

Grants— In addition to the authority of the Secretary under section 1616e(a)(1) of this title, the Secretary, acting through the Service, is authorized to provide grants to public or private schools of nursing for the purpose of establishing, developing, operating, and administering clinics to address the health care needs of Indians, and to provide primary health care services to Indians who reside on or within 50 miles of Indian country, as defined in section 1151 of title 18.

(b)

Purposes— Grants provided under subsection (a) may be used to—

(1)

establish clinics, to be run and staffed by the faculty and students of a grantee school, to provide primary care services in areas in or within 50 miles of Indian country (as defined in section 1151 of title 18);

(2)

provide clinical training, program development, faculty enhancement, and student scholarships in a manner that would benefit such clinics; and

(3)

carry out any other activities determined appropriate by the Secretary.

(c)

Amount and conditions— The Secretary may award grants under this section in such amounts and subject to such conditions as the Secretary deems appropriate.

(d)

Design— The clinics established under this section shall be designed to provide nursing students with a structured clinical experience that is similar in nature to that provided by residency training programs for physicians.

(e)

Regulations— The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section.

(f)

Authorization to use amounts— Out of amounts appropriated to carry out this subchapter for each of the fiscal years 1993 through 2000 not more than $5,000,000 may be used to carry out this section.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 112A, as added Pub. L. 102–573, title I, § 104(f), Oct. 29, 1992, 106 Stat. 4534.)

§1616f. Tribal culture and history

25 U.S.C. § 1616f

(a)

Program established— The Secretary, acting through the Service, shall establish a program under which appropriate employees of the Service who serve particular Indian tribes shall receive educational instruction in the history and culture of such tribes and in the history of the Service.

(b)

Tribally controlled institutions— To the extent feasible, the program established under subsection (a) shall—

(1)

be carried out through tribally controlled colleges or universities (within the meaning of section 1801(a)(4) of this title) and tribally controlled postsecondary vocational institutions (as defined in section 2397h(2)¹ of title 20),

(2)

be developed in consultation with the affected tribal government, and

(3)

include instruction in Native American studies.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 113, as added Pub. L. 100–713, title I, § 109, Nov. 23, 1988, 102 Stat. 4796; amended Pub. L. 102–573, title I, §§ 114(b), 117(b)(5), Oct. 29, 1992, 106 Stat. 4543, 4544; Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 110–315, title IX, § 941(k)(2)(I)(i), Aug. 14, 2008, 122 Stat. 3467.)

Editorial Notes

References in Text

Section 2397h of title 20, referred to in subsec. (b)(1), was omitted in the general amendment of chapter 44 (§ 2301 et seq.) of Title 20, Education, by Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3076.

Amendments

2008—Subsec. (b)(1). Pub. L. 110–315 substituted “tribally controlled colleges or universities (within the meaning of section 1801(a)(4) of this title)” for “tribally-controlled community colleges (within the meaning of section 1801(4) of this title)”.

1998—Subsec. (b)(1). Pub. L. 105–244 made technical amendment to reference in original act which appears in text as reference to section 1801(4) of this title.

1992—Subsec. (b)(1). Pub. L. 102–573, § 114(b), inserted before comma at end “and tribally controlled postsecondary vocational institutions (as defined in section 2397h(2) of title 20)”.

Subsec. (c). Pub. L. 102–573, § 117(b)(5), struck out subsec. (c) which authorized appropriations for fiscal years 1990 to 1992.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.

§1616g. INMED program

25 U.S.C. § 1616g

(a)

Grants— The Secretary is authorized to provide grants to at least 3 colleges and universities for the purpose of maintaining and expanding the Native American health careers recruitment program known as the “Indians into Medicine Program” (hereinafter in this section referred to as “INMED”) as a means of encouraging Indians to enter the health professions.

(b)

University of North Dakota— The Secretary shall provide one of the grants authorized under subsection (a) to maintain the INMED program at the University of North Dakota, to be known as the “Quentin N. Burdick Indian Health Programs”, unless the Secretary makes a determination, based upon program reviews, that the program is not meeting the purposes of this section. Such program shall, to the maximum extent feasible, coordinate with the Quentin N. Burdick American Indians Into Psychology Program established under section 1621p(b) of this title and the Quentin N. Burdick American Indians Into Nursing Program established under section 1616e(e) of this title.

(c)

Regulations; contents of recruitment program—

(1)

The Secretary shall develop regulations for the competitive awarding of the grants provided under this section.

(2)

Applicants for grants provided under this section shall agree to provide a program which—

(A)

provides outreach and recruitment for health professions to Indian communities including elementary, secondary and community colleges located on Indian reservations which will be served by the program,

(B)

incorporates a program advisory board comprised of representatives from the tribes and communities which will be served by the program,

(C)

provides summer preparatory programs for Indian students who need enrichment in the subjects of math and science in order to pursue training in the health professions,

(D)

provides tutoring, counseling and support to students who are enrolled in a health career program of study at the respective college or university, and

(E)

to the maximum extent feasible, employs qualified Indians in the program.

(d)

Report to Congress— By no later than the date that is 3 years after November 23, 1988, the Secretary shall submit a report to the Congress on the program established under this section including recommendations for expansion or changes to the program.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 114, as added Pub. L. 100–713, title I, § 109, Nov. 23, 1988, 102 Stat. 4796; amended Pub. L. 102–573, title I, §§ 109, 117(b)(6), Oct. 29, 1992, 106 Stat. 4538, 4544.)

Editorial Notes

Amendments

1992—Subsec. (b). Pub. L. 102–573, § 109, inserted “to be known as the ‘Quentin N. Burdick Indian Health Programs’,” after “North Dakota,” and “Such program shall, to the maximum extent feasible, coordinate with the Quentin N. Burdick American Indians Into Psychology Program established under section 1621p(b) of this title and the Quentin N. Burdick American Indians Into Nursing Program established under section 1616e(e) of this title.” at end.

Subsec. (e). Pub. L. 102–573, § 117(b)(6), struck out subsec. (e) which authorized appropriations for fiscal years 1990 to 1992.

§1616h. Health training programs of community colleges

25 U.S.C. § 1616h

(a)

Grants—

(1)

The Secretary, acting through the Service, shall award grants to community colleges for the purpose of assisting the community college in the establishment of programs which provide education in a health profession leading to a degree or diploma in a health profession for individuals who desire to practice such profession on an Indian reservation or in a tribal clinic.

(2)

The amount of any grant awarded to a community college under paragraph (1) for the first year in which such a grant is provided to the community college shall not exceed $100,000.

(b)

Eligibility—

(1)

The Secretary, acting through the Service, shall award grants to community colleges that have established a program described in subsection (a)(1) for the purpose of maintaining the program and recruiting students for the program.

(2)

Grants may only be made under this section to a community college which—

(A)

is accredited,

(B)

has access to a hospital facility, Service facility, or hospital that could provide training of nurses or health professionals,

(C)

has entered into an agreement with an accredited college or university medical school, the terms of which—

(i)

provide a program that enhances the transition and recruitment of students into advanced baccalaureate or graduate programs which train health professionals, and

(ii)

stipulate certifications necessary to approve internship and field placement opportunities at service unit facilities of the Service or at tribal health facilities,

(D)

has a qualified staff which has the appropriate certifications, and

(E)

is capable of obtaining State or regional accreditation of the program described in subsection (a)(1).

(c)

Agreements and technical assistance— The Secretary shall encourage community colleges described in subsection (b)(2) to establish and maintain programs described in subsection (a)(1) by—

(1)

entering into agreements with such colleges for the provision of qualified personnel of the Service to teach courses of study in such programs, and

(2)

providing technical assistance and support to such colleges.

(d)

Advanced training— Any program receiving assistance under this section that is conducted with respect to a health profession shall also offer courses of study which provide advanced training for any health professional who—

(1)

has already received a degree or diploma in such health profession, and

(2)

provides clinical services on an Indian reservation, at a Service facility, or at a tribal clinic.

Such courses of study may be offered in conjunction with the college or university with which the community college has entered into the agreement required under subsection (b)(2)(C).

(e)

Definitions— For purposes of this section—

(1)

The term “community college” means—

(A)

a junior or community college that is a tribally controlled college or university, or

(B)

a junior or community college.

(2)

The term “tribally controlled college or university” has the meaning given to such term by section 1801(a)(4) of this title.

(3)

The term “junior or community college” has the meaning given to such term by section 1058(e)¹ of title 20.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 115, as added Pub. L. 100–713, title I, § 109, Nov. 23, 1988, 102 Stat. 4797; amended Pub. L. 102–573, title I, § 117(b)(7), Oct. 29, 1992, 106 Stat. 4544; Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 110–315, title IX, § 941(k)(2)(I)(ii), Aug. 14, 2008, 122 Stat. 3467.)

Editorial Notes

References in Text

Section 1058 of title 20, referred to in subsec. (e)(3), was amended by Pub. L. 105–244, title III, § 303(b)(1), Oct. 7, 1998, 112 Stat. 1639, which redesignated subsecs. (d) and (e) as (e) and (f), respectively.

Amendments

2008—Subsec. (e)(1)(A). Pub. L. 110–315, § 941(k)(2)(I)(ii)(I), substituted “a junior or community college that is a tribally controlled college or university” for “a tribally controlled community college”.

Subsec. (e)(2). Pub. L. 110–315, § 941(k)(2)(I)(ii)(II), added par. (2) and struck out former par. (2) which read as follows: “The term ‘tribally controlled community college’ has the meaning given to such term by section 1801(4) of this title.”

1998—Subsec. (e)(2). Pub. L. 105–244 made technical amendment to reference in original act which appears in text as reference to section 1801(4) of this title.

1992—Subsec. (f). Pub. L. 102–573 struck out subsec. (f) which authorized appropriations for fiscal years 1990 to 1992.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.

§1616i. Additional incentives for health professionals

25 U.S.C. § 1616i

(a)

Incentive special pay— The Secretary may provide the incentive special pay authorized under section 302(b) or 335(b) of title 37 to civilian medical officers of the Indian Health Service who are assigned to, and serving in, positions included in the list established under subsection (b)(1) for which recruitment or retention of personnel is difficult.

(b)

List of positions; bonus pay—

(1)

The Secretary shall establish and update on an annual basis a list of positions of health care professionals employed by, or assigned to, the Service for which recruitment or retention is difficult.

(2)

(A)

The Secretary may pay a bonus to any commissioned officer or civil service employee, other than a commissioned medical officer, dental officer, optometrist, and veterinarian, who is employed in or assigned to, and serving in, a position in the Service included in the list established by the Secretary under paragraph (1).

(B)

The total amount of bonus payments made by the Secretary under this paragraph to any employee during any 1-year period shall not exceed $2,000.

(c)

Work schedules— The Secretary may establish programs to allow the use of flexible work schedules, and compressed work schedules, in accordance with the provisions of subchapter II of chapter 61 of title 5, for health professionals employed by, or assigned to, the Service.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 116, as added Pub. L. 100–713, title I, § 109, Nov. 23, 1988, 102 Stat. 4798; amended Pub. L. 102–573, title I, § 117(b)(8), title IX, § 901(1), Oct. 29, 1992, 106 Stat. 4544, 4590; Pub. L. 115–91, div. A, title VI, § 618(f), Dec. 12, 2017, 131 Stat. 1427.)

Editorial Notes

Amendments

2017—Subsec. (a). Pub. L. 115–91 inserted “or 335(b)” after “section 302(b)”.

1992—Subsec. (d). Pub. L. 102–573, § 901(1), struck out subsec. (d) which required a report to Congress by the Secretary no later than 6 months after Nov. 23, 1988, relating to overtime pay for individuals employed by the Service.

Subsec. (e). Pub. L. 102–573, § 117(b)(8), struck out subsec. (e) which authorized appropriations for fiscal years 1990 to 1992.

§1616j. Retention bonus

25 U.S.C. § 1616j

(a)

Eligibility— The Secretary may pay a retention bonus to any physician or nurse employed by, or assigned to, and serving in, the Service either as a civilian employee or as a commissioned officer in the Regular or Reserve Corps¹ of the Public Health Service who—

(1)

is assigned to, and serving in, a position included in the list established under section 1616i(b)(1) of this title for which recruitment or retention of personnel is difficult,

(2)

the Secretary determines is needed by the Service,

(3)

has—

(A)

completed 3 years of employment with the Service, or

(B)

completed any service obligations incurred as a requirement of—

(i)

any Federal scholarship program, or

(ii)

any Federal education loan repayment program, and

(4)

enters into an agreement with the Service for continued employment for a period of not less than 1 year.

(b)

Minimum award percentage to nurses— Beginning with fiscal year 1993, not less than 25 percent of the retention bonuses awarded each year under subsection (a) shall be awarded to nurses.

(c)

Rates; maximum rate— The Secretary may establish rates for the retention bonus which shall provide for a higher annual rate for multiyear agreements than for single year agreements referred to in subsection (a)(4), but in no event shall the annual rate be more than $25,000 per annum.

(d)

Time of payment— The retention bonus for the entire period covered by the agreement described in subsection (a)(4) shall be paid at the beginning of the agreed upon term of service.

(e)

Refund; interest— Any physician or nurse failing to complete the agreed upon term of service, except where such failure is through no fault of the individual, shall be obligated to refund to the Government the full amount of the retention bonus for the period covered by the agreement, plus interest as determined by the Secretary in accordance with section 1616a(l)(2)(B) of this title.

(f)

Physicians and nurses employed under Indian Self-Determination Act— The Secretary may pay a retention bonus to any physician or nurse employed by an organization providing health care services to Indians pursuant to a contract under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] if such physician or nurse is serving in a position which the Secretary determines is—

(1)

a position for which recruitment or retention is difficult; and

(2)

necessary for providing health care services to Indians.

Footnotes

1 See Change of Name note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 117, as added Pub. L. 100–713, title I, § 109, Nov. 23, 1988, 102 Stat. 4799; amended Pub. L. 102–573, title I, § 104(d), Oct. 29, 1992, 106 Stat. 4533.)

Editorial Notes

References in Text

The Indian Self-Determination Act, referred to in subsec. (f), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 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.

Amendments

1992—Subsecs. (b) to (f). Pub. L. 102–573 added subsec. (b), redesignated former subsecs. (b) to (e) as (c) to (f), respectively, and amended subsec. (f) generally, substituting provisions relating to physicians and nurses employed under the Indian Self-Determination Act for provisions which authorized appropriations for fiscal years 1990 to 1992.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.

§1616k. Nursing residency program

25 U.S.C. § 1616k

(a)

Establishment— The Secretary, acting through the Service, shall establish a program to enable licensed practical nurses, licensed vocational nurses, and registered nurses who are working in an Indian health program (as defined in section 1616a(a)(2)(A) of this title), and have done so for a period of not less than one year, to pursue advanced training.

(b)

Program components— Such program shall include a combination of education and work study in an Indian health program (as defined in section 1616a(a)(2)(A) of this title) leading to an associate or bachelor’s degree (in the case of a licensed practical nurse or licensed vocational nurse) or a bachelor’s degree (in the case of a registered nurse) or a Master’s degree.

(c)

Service obligation of program participant— An individual who participates in a program under subsection (a), where the educational costs are paid by the Service, shall incur an obligation to serve in an Indian health program for a period of obligated service equal to at least three times the period of time during which the individual participates in such program. In the event that the individual fails to complete such obligated service, the United States shall be entitled to recover from such individual an amount determined in accordance with the formula specified in subsection (l) of section 1616a of this title in the manner provided for in such subsection.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 118, as added Pub. L. 102–573, title I, § 104(e), Oct. 29, 1992, 106 Stat. 4534; amended Pub. L. 103–435, § 16(b), Nov. 2, 1994, 108 Stat. 4573.)

Editorial Notes

Amendments

1994—Subsec. (b). Pub. L. 103–435 inserted before period at end “or a Master’s degree”.

§1616l. Community health aide program

25 U.S.C. § 1616l

(a)

General purposes of program— Pursuant to section 13 of this title, the Secretary, acting through the Service, shall develop and operate a Community Health Aide Program in the State of Alaska under which the Service—

(1)

provides for the training of Alaska Natives as health aides or community health practitioners;

(2)

uses those aides or practitioners in the provision of health care, health promotion, and disease prevention services to Alaska Natives living in villages in rural Alaska; and

(3)

provides for the establishment of teleconferencing capacity in health clinics located in or near those villages for use by community health aides or community health practitioners.

(b)

Specific program requirements— The Secretary, acting through the Community Health Aide Program of the Service, shall—

(1)

using trainers accredited by the Program, provide a high standard of training to community health aides and community health practitioners to ensure that those aides and practitioners provide quality health care, health promotion, and disease prevention services to the villages served by the Program;

(2)

in order to provide such training, develop a curriculum that—

(A)

combines education regarding the theory of health care with supervised practical experience in the provision of health care;

(B)

provides instruction and practical experience in the provision of acute care, emergency care, health promotion, disease prevention, and the efficient and effective management of clinic pharmacies, supplies, equipment, and facilities; and

(C)

promotes the achievement of the health status objectives specified in section 1602(2) of this title;

(3)

establish and maintain a Community Health Aide Certification Board to certify as community health aides or community health practitioners individuals who have successfully completed the training described in paragraph (1) or can demonstrate equivalent experience;

(4)

develop and maintain a system that identifies the needs of community health aides and community health practitioners for continuing education in the provision of health care, including the areas described in paragraph (2)(B), and develop programs that meet the needs for such continuing education;

(5)

develop and maintain a system that provides close supervision of community health aides and community health practitioners;

(6)

develop a system under which the work of community health aides and community health practitioners is reviewed and evaluated to ensure the provision of quality health care, health promotion, and disease prevention services; and

(7)

ensure that—

(A)

pulpal therapy (not including pulpotomies on deciduous teeth) or extraction of adult teeth can be performed by a dental health aide therapist only after consultation with a licensed dentist who determines that the procedure is a medical emergency that cannot be resolved with palliative treatment; and

(B)

dental health aide therapists are strictly prohibited from performing all other oral or jaw surgeries, subject to the condition that uncomplicated extractions shall not be considered oral surgery under this section.

(c)

Program review—

(1)

Neutral panel—

(A)

Establishment— The Secretary, acting through the Service, shall establish a neutral panel to carry out the study under paragraph (2).

(B)

Membership— Members of the neutral panel shall be appointed by the Secretary from among clinicians, economists, community practitioners, oral epidemiologists, and Alaska Natives.

(2)

Study—

(A)

In general— The neutral panel established under paragraph (1) shall conduct a study of the dental health aide therapist services provided by the Community Health Aide Program under this section to ensure that the quality of care provided through those services is adequate and appropriate.

(B)

Parameters of study— The Secretary, in consultation with interested parties, including professional dental organizations, shall develop the parameters of the study.

(C)

Inclusions— The study shall include a determination by the neutral panel with respect to—

(i)

the ability of the dental health aide therapist services under this section to address the dental care needs of Alaska Natives;

(ii)

the quality of care provided through those services, including any training, improvement, or additional oversight required to improve the quality of care; and

(iii)

whether safer and less costly alternatives to the dental health aide therapist services exist.

(D)

Consultation— In carrying out the study under this paragraph, the neutral panel shall consult with Alaska tribal organizations with respect to the adequacy and accuracy of the study.

(3)

Report— The neutral panel shall submit to the Secretary, the Committee on Indian Affairs of the Senate, and the Committee on Natural Resources of the House of Representatives a report describing the results of the study under paragraph (2), including a description of—

(A)

any determination of the neutral panel under paragraph (2)(C); and

(B)

any comments received from Alaska tribal organizations under paragraph (2)(D).

(d)

Nationalization of program—

(1)

In general— Except as provided in paragraph (2), the Secretary, acting through the Service, may establish a national Community Health Aide Program in accordance with the program under this section, as the Secretary determines to be appropriate.

(2)

Requirement; exclusion— Subject to paragraphs (3) and (4), in establishing a national program under paragraph (1), the Secretary—

(A)

shall not reduce the amounts provided for the Community Health Aide Program described in subsections (a) and (b); and

(B)

shall exclude dental health aide therapist services from services covered under the program.

(3)

Election of Indian tribe or tribal organization—

(A)

In general— Subparagraph (B) of paragraph (2) shall not apply in the case of an election made by an Indian tribe or tribal organization located in a State (other than Alaska) in which the use of dental health aide therapist services or midlevel dental health provider services is authorized under State law to supply such services in accordance with State law.

(B)

Action by Secretary— On an election by an Indian tribe or tribal organization under subparagraph (A), the Secretary, acting through the Service, shall facilitate implementation of the services elected.

(4)

Vacancies— The Secretary shall not fill any vacancy for a certified dentist in a program operated by the Service with a dental health aide therapist.

(e)

Effect of section— Nothing in this section shall restrict the ability of the Service, an Indian tribe, or a tribal organization to participate in any program or to provide any service authorized by any other Federal law.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 119, as added Pub. L. 102–573, title I, § 111, Oct. 29, 1992, 106 Stat. 4539; amended Pub. L. 111–148, title X, § 10221(a), (b)(1), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Amendment by section 10221(a) of Pub. L. 111–148 is based on section 111 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, except as provided in section 10221(b)(1) of Pub. L. 111–148.

Amendments

2010—Pub. L. 111–148, § 10221(a), amended section generally. Prior to amendment, section related to maintenance of Community Health Aide Program for Alaska and related training, curriculum, and establishment and maintenance of Certification Board.

Subsec. (d)(2). Pub. L. 111–148, § 10221(b)(1)(A)(i), substituted “Subject to paragraphs (3) and (4), in establishing” for “In establishing” in introductory provisions.

Subsec. (d)(3), (4). Pub. L. 111–148, § 10221(b)(1)(A)(ii), added pars. (3) and (4).

Subsec. (e). Pub. L. 111–148, § 10221(b)(1)(B), added subsec. (e).

§1616m. Matching grants to tribes for scholarship programs

25 U.S.C. § 1616m

(a)

In general—

(1)

The Secretary shall make grants to Indian tribes and tribal organizations for the purpose of assisting such tribes and tribal organizations in educating Indians to serve as health professionals in Indian communities.

(2)

Amounts available for grants under paragraph (1) for any fiscal year shall not exceed 5 percent of amounts available for such fiscal year for Indian Health Scholarships under section 1613a of this title.

(3)

An application for a grant under paragraph (1) shall be in such form and contain such agreements, assurances, and information as the Secretary determines are necessary to carry out this section.

(b)

Compliance with requirements—

(1)

An Indian tribe or tribal organization receiving a grant under subsection (a) shall agree to provide scholarships to Indians pursuing education in the health professions in accordance with the requirements of this section.

(2)

With respect to the costs of providing any scholarship pursuant to paragraph (1)—

(A)

80 percent of the costs of the scholarship shall be paid from the grant made under subsection (a) to the Indian tribe or tribal organization; and

(B)

20 percent of such costs shall be paid from non-Federal contributions by the Indian tribe or tribal organization through which the scholarship is provided.

(3)

In determining the amount of non-Federal contributions that have been provided for purposes of subparagraph (B) of paragraph (2), any amounts provided by the Federal Government to the Indian tribe or tribal organization involved or to any other entity shall not be included.

(4)

Non-Federal contributions required by subparagraph (B) of paragraph (2) may be provided directly by the Indian tribe or tribal organization involved or through donations from public and private entities.

(c)

Course of study in health professions— An Indian tribe or tribal organization shall provide scholarships under subsection (b) only to Indians enrolled or accepted for enrollment in a course of study (approved by the Secretary) in one of the health professions described in section 1613a(a) of this title.

(d)

Contract requirements— In providing scholarships under subsection (b), the Secretary and the Indian tribe or tribal organization shall enter into a written contract with each recipient of such scholarship. Such contract shall—

(1)

obligate such recipient to provide service in an Indian health program (as defined in section 1616a(a)(2)(A) of this title), in the same service area where the Indian tribe or tribal organization providing the scholarship is located, for—

(A)

a number of years equal to the number of years for which the scholarship is provided (or the part-time equivalent thereof, as determined by the Secretary), or for a period of 2 years, whichever period is greater; or

(B)

such greater period of time as the recipient and the Indian tribe or tribal organization may agree;

(2)

provide that the amount of such scholarship—

(A)

may be expended only for—

(i)

tuition expenses, other reasonable educational expenses, and reasonable living expenses incurred in attendance at the educational institution; and

(ii)

payment to the recipient of a monthly stipend of not more than the amount authorized by section 254l(g)(1)(B) of title 42, such amount to be reduced pro rata (as determined by the Secretary) based on the number of hours such student is enrolled; and

(B)

may not exceed, for any year of attendance for which the scholarship is provided, the total amount required for the year for the purposes authorized in subparagraph (A);

(3)

require the recipient of such scholarship to maintain an acceptable level of academic standing (as determined by the educational institution in accordance with regulations issued by the Secretary); and

(4)

require the recipient of such scholarship to meet the educational and licensure requirements necessary to be a physician, certified nurse practitioner, certified nurse midwife, or physician assistant.

(e)

Breach of contract—

(1)

An individual who has entered into a written contract with the Secretary and an Indian tribe or tribal organization under subsection (d) and who—

(A)

fails to maintain an acceptable level of academic standing in the educational institution in which he is enrolled (such level determined by the educational institution under regulations of the Secretary),

(B)

is dismissed from such educational institution for disciplinary reasons,

(C)

voluntarily terminates the training in such an educational institution for which he is provided a scholarship under such contract before the completion of such training, or

(D)

fails to accept payment, or instructs the educational institution in which he is enrolled not to accept payment, in whole or in part, of a scholarship under such contract,

in lieu of any service obligation arising under such contract, shall be liable to the United States for the Federal share of the amount which has been paid to him, or on his behalf, under the contract.

(2)

If for any reason not specified in paragraph (1), an individual breaches his written contract by failing either to begin such individual’s service obligation required under such contract or to complete such service obligation, the United States shall be entitled to recover from the individual an amount determined in accordance with the formula specified in subsection (l) of section 1616a of this title in the manner provided for in such subsection.

(3)

The Secretary may carry out this subsection on the basis of information submitted by the tribes or tribal organizations involved, or on the basis of information collected through such other means as the Secretary determines to be appropriate.

(f)

Nondiscriminatory practice— The recipient of a scholarship under subsection (b) shall agree, in providing health care pursuant to the requirements of subsection (d)(1)—

(1)

not to discriminate against an individual seeking such care on the basis of the ability of the individual to pay for such care or on the basis that payment for such care will be made pursuant to the program established in title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] or pursuant to the program established in title XIX of such Act [42 U.S.C. 1396 et seq.]; and

(2)

to accept assignment under section 1842(b)(3)(B)(ii) of the Social Security Act [42 U.S.C. 1395u(b)(3)(B)(ii)] for all services for which payment may be made under part B of title XVIII of such Act [42 U.S.C. 1395j et seq.], and to enter into an appropriate agreement with the State agency that administers the State plan for medical assistance under title XIX of such Act [42 U.S.C. 1396 et seq.] to provide service to individuals entitled to medical assistance under the plan.

(g)

Payments for subsequent fiscal years— The Secretary may not make any payments under subsection (a) to an Indian tribe or tribal organization for any fiscal year subsequent to the first fiscal year of such payments unless the Secretary determines that, for the immediately preceding fiscal year, the Indian tribe or tribal organization has complied with requirements of this section.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 120, as added Pub. L. 102–573, title I, § 112, Oct. 29, 1992, 106 Stat. 4540.)

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (f), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare, respectively. Part B of title XVIII of the Act is classified generally to part B (§ 1395j et seq.) of subchapter XVIII of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

§1616n. Tribal health program administration

25 U.S.C. § 1616n

The Secretary shall, by contract or otherwise, provide training for individuals in the administration and planning of tribal health programs.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 121, as added Pub. L. 102–573, title I, § 113, Oct. 29, 1992, 106 Stat. 4542.)

§1616o. University of South Dakota pilot program

25 U.S.C. § 1616o

(a)

Establishment— The Secretary may make a grant to the School of Medicine of the University of South Dakota (hereafter in this section referred to as “USDSM”) to establish a pilot program on an Indian reservation at one or more service units in South Dakota to address the chronic manpower shortage in the Aberdeen Area of the Service.

(b)

Purposes— The purposes of the program established pursuant to a grant provided under subsection (a) are—

(1)

to provide direct clinical and practical experience at a service unit to medical students and residents from USDSM and other medical schools;

(2)

to improve the quality of health care for Indians by assuring access to qualified health care professionals; and

(3)

to provide academic and scholarly opportunities for physicians, physician assistants, nurse practitioners, nurses, and other allied health professionals serving Indian people by identifying and utilizing all academic and scholarly resources of the region.

(c)

Composition; designation— The pilot program established pursuant to a grant provided under subsection (a) shall—

(1)

incorporate a program advisory board composed of representatives from the tribes and communities in the area which will be served by the program; and

(2)

shall be designated as an extension of the USDSM campus and program participants shall be under the direct supervision and instruction of qualified medical staff serving at the service unit who shall be members of the USDSM faculty.

(d)

Coordination with other schools— The USDSM shall coordinate the program established pursuant to a grant provided under subsection (a) with other medical schools in the region, nursing schools, tribal community colleges, and other health professional schools.

(e)

Development of additional professional opportunities— The USDSM, in cooperation with the Service, shall develop additional professional opportunities for program participants on Indian reservations in order to improve the recruitment and retention of qualified health professionals in the Aberdeen Area of the Service.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 122, as added Pub. L. 102–573, title I, § 116, Oct. 29, 1992, 106 Stat. 4543.)

§1616p. Health professional chronic shortage demonstration programs

25 U.S.C. § 1616p

(a)

Demonstration programs— The Secretary, acting through the Service, may fund demonstration programs for Indian health programs to address the chronic shortages of health professionals.

(b)

Purposes of programs— The purposes of demonstration programs under subsection (a) shall be—

(1)

to provide direct clinical and practical experience within an Indian health program to health profession students and residents from medical schools;

(2)

to improve the quality of health care for Indians by ensuring access to qualified health professionals;

(3)

to provide academic and scholarly opportunities for health professionals serving Indians by identifying all academic and scholarly resources of the region; and

(4)

to provide training and support for alternative provider types, such as community health representatives, and community health aides.

(c)

Advisory board— The demonstration programs established pursuant to subsection (a) shall incorporate a program advisory board, which may be composed of representatives of tribal governments, Indian health programs, and Indian communities in the areas to be served by the demonstration programs.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 123, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 123 of Pub. L. 94–437 is based on section 112 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 1616p, Pub. L. 94–437, title I, § 123, as added Pub. L. 102–573, title I, § 117(a), Oct. 29, 1992, 106 Stat. 4544, 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)(1) 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.

§1616q. Exemption from payment of certain fees

25 U.S.C. § 1616q

Employees of a tribal health program or urban Indian organization shall be exempt from payment of licensing, registration, and any other fees imposed by a Federal agency to the same extent that officers of the commissioned corps of the Public Health Service and other employees of the Service are exempt from those fees.

Notes, amendments, and revision history

(Pub. L. 94–437, title I, § 124, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 124 of Pub. L. 94–437 is based on section 113 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.

[§1616r. Repealed. Pub. L. 111–148, title X, § 10221(b)(2), Mar. 23, 2010, 124 Stat. 936 — repealed]

25 U.S.C. § 1616r

Notes, amendments, and revision history

Section, Pub. L. 94–437, title I, § 125, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935, was based on section 134(b) 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 and related to treatment of a scholarship provided to an individual under this subchapter as a qualified scholarship for purposes of section 117 of Title 26, Internal Revenue Code.

§1621. Indian Health Care Improvement Fund

25 U.S.C. § 1621

(a)

Use of funds— The Secretary, acting through the Service, is authorized to expend funds, directly or under the authority of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),¹ which are appropriated under the authority of this section, for the purposes of—

(1)

eliminating the deficiencies in health status and health resources of all Indian tribes;

(2)

eliminating backlogs in the provision of health care services to Indians;

(3)

meeting the health needs of Indians in an efficient and equitable manner, including the use of telehealth and telemedicine when appropriate;

(4)

eliminating inequities in funding for both direct care and contract health service programs; and

(5)

augmenting the ability of the Service to meet the following health service responsibilities with respect to those Indian tribes with the highest levels of health status deficiencies and resource deficiencies:

(A)

Clinical care, including inpatient care, outpatient care (including audiology, clinical eye, and vision care), primary care, secondary and tertiary care, and long-term care.

(B)

Preventive health, including mammography and other cancer screening.

(C)

Dental care.

(D)

Mental health, including community mental health services, inpatient mental health services, dormitory mental health services, therapeutic and residential treatment centers, and training of traditional health care practitioners.

(E)

Emergency medical services.

(F)

Treatment and control of, and rehabilitative care related to, alcoholism and drug abuse (including fetal alcohol syndrome) among Indians.

(G)

Injury prevention programs, including data collection and evaluation, demonstration projects, training, and capacity building.

(H)

Home health care.

(I)

Community health representatives.

(J)

Maintenance and improvement.

(b)

No offset or limitation— Any funds appropriated under the authority of this section shall not be used to offset or limit any other appropriations made to the Service under this chapter or section 13 of this title, or any other provision of law.

(c)

Allocation; use—

(1)

In general— Funds appropriated under the authority of this section shall be allocated to Service units, Indian tribes, or tribal organizations. The funds allocated to each Indian tribe, tribal organization, or Service unit under this paragraph shall be used by the Indian tribe, tribal organization, or Service unit under this paragraph to improve the health status and reduce the resource deficiency of each Indian tribe served by such Service unit, Indian tribe, or tribal organization.

(2)

Apportionment of allocated funds— The apportionment of funds allocated to a Service unit, Indian tribe, or tribal organization under paragraph (1) among the health service responsibilities described in subsection (a)(5) shall be determined by the Service in consultation with, and with the active participation of, the affected Indian tribes and tribal organizations.

(d)

Provisions relating to health status and resource deficiencies— For the purposes of this section, the following definitions apply:

(1)

Definition— The term “health status and resource deficiency” means the extent to which—

(A)

the health status objectives set forth in sections 1602(1) and 1602(2) of this title are not being achieved; and

(B)

the Indian tribe or tribal organization does not have available to it the health resources it needs, taking into account the actual cost of providing health care services given local geographic, climatic, rural, or other circumstances.

(2)

Available resources— The health resources available to an Indian tribe or tribal organization include health resources provided by the Service as well as health resources used by the Indian tribe or tribal organization, including services and financing systems provided by any Federal programs, private insurance, and programs of State or local governments.

(3)

Process for review of determinations— The Secretary shall establish procedures which allow any Indian tribe or tribal organization to petition the Secretary for a review of any determination of the extent of the health status and resource deficiency of such Indian tribe or tribal organization.

(e)

Eligibility for funds— Tribal health programs shall be eligible for funds appropriated under the authority of this section on an equal basis with programs that are administered directly by the Service.

(f)

Report— By no later than the date that is 3 years after March 23, 2010, the Secretary shall submit to Congress the current health status and resource deficiency report of the Service for each Service unit, including newly recognized or acknowledged Indian tribes. Such report shall set out—

(1)

the methodology then in use by the Service for determining tribal health status and resource deficiencies, as well as the most recent application of that methodology;

(2)

the extent of the health status and resource deficiency of each Indian tribe served by the Service or a tribal health program;

(3)

the amount of funds necessary to eliminate the health status and resource deficiencies of all Indian tribes served by the Service or a tribal health program; and

(4)

an estimate of—

(A)

the amount of health service funds appropriated under the authority of this chapter, or any other Act, including the amount of any funds transferred to the Service for the preceding fiscal year which is allocated to each Service unit, Indian tribe, or tribal organization;

(B)

the number of Indians eligible for health services in each Service unit or Indian tribe or tribal organization; and

(C)

the number of Indians using the Service resources made available to each Service unit, Indian tribe or tribal organization, and, to the extent available, information on the waiting lists and number of Indians turned away for services due to lack of resources.

(g)

Inclusion in base budget— Funds appropriated under this section for any fiscal year shall be included in the base budget of the Service for the purpose of determining appropriations under this section in subsequent fiscal years.

(h)

Clarification— Nothing in this section is intended to diminish the primary responsibility of the Service to eliminate existing backlogs in unmet health care needs, nor are the provisions of this section intended to discourage the Service from undertaking additional efforts to achieve equity among Indian tribes and tribal organizations.

(i)

Funding designation— Any funds appropriated under the authority of this section shall be designated as the “Indian Health Care Improvement Fund”.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 201, Sept. 30, 1976, 90 Stat. 1404; Pub. L. 96–537, § 4, Dec. 17, 1980, 94 Stat. 3174; Pub. L. 100–713, title II, § 201(a), Nov. 23, 1988, 102 Stat. 4800; Pub. L. 102–573, title II, § 201(a), (c), 207(b), 217(b)(1), Oct. 29, 1992, 106 Stat. 4544, 4546, 4551, 4559; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (a), 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.

This chapter, referred to in subsecs. (b) and (f)(4)(A), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

Codification

Amendment by Pub. L. 111–148 is based on section 121 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.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (h) relating to the Indian Health Care Improvement Fund.

1992—Pub. L. 102–573, § 201(c), amended section catchline generally.

Subsec. (a). Pub. L. 102–573, § 201(a)(1)(A), substituted “this section” for “subsection (h) of this section” in introductory provisions.

Subsec. (a)(1). Pub. L. 102–573, § 201(a)(1)(B), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “raising the health status of Indians to zero deficiency,”.

Subsec. (a)(4). Pub. L. 102–573, § 201(a)(1)(C), in introductory provisions inserted “, either through direct or contract care or through contracts entered into pursuant to the Indian Self-Determination Act,” after “responsibilities” and substituted “status and resource deficiencies” for “resources deficiency”.

Subsec. (a)(4)(B). Pub. L. 102–573, § 207(b), substituted “preventive health, including screening mammography in accordance with section 1621k of this title” for “preventive health”.

Subsec. (b)(1). Pub. L. 102–573, § 201(a)(2)(A), substituted “this section” for “subsection (h) of this section”.

Subsec. (b)(2). Pub. L. 102–573, § 201(a)(2)(B), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “Funds which are appropriated under the authority of subsection (h) of this section may be allocated to, or used for the benefit of, any Indian tribe which has a health resources deficiency level at level I or II only if a sufficient amount of funds have been appropriated under the authority of subsection (h) of this section to raise all Indian tribes to health resources deficiency level II.”

Subsec. (b)(2)(A). Pub. L. 102–573, § 201(a)(2)(C), in first sentence, substituted “this section” for “subsection (h) of this section” and struck out “but such allocation shall be made in a manner which ensures that the requirement of paragraph (2) is met” after “service unit basis” and, in second sentence, struck out “(in accordance with paragraph (2))” after “the service unit” and substituted “reduce the health status and resource deficiency” for “raise the deficiency level”.

Subsec. (b)(2)(B). Pub. L. 102–573, § 201(a)(2)(D), inserted “, and with the active participation of,” after “in consultation with”.

Subsec. (b)(3). Pub. L. 102–573, § 201(a)(2)(B), redesignated par. (3) as (2).

Subsec. (c)(1). Pub. L. 102–573, § 201(a)(3)(B), amended par. (1) generally, substituting provisions defining “health status and resource deficiency” for former provisions defining “health resources deficiency”.

Pub. L. 102–573, § 201(a)(3)(A), redesignated par. (2) as (1) and struck out former par. (1) which specified the health resource deficiency levels of an Indian tribe.

Subsec. (c)(2). Pub. L. 102–573, § 201(a)(3)(A), redesignated par. (3) as (2). Former par. (2) redesignated (1).

Subsec. (c)(3). Pub. L. 102–573, § 201(a)(3)(A), (C), redesignated par. (4) as (3) and substituted “The” for “Under regulations, the” and “extent of the health status and resource deficiency” for “health resources deficiency level”. Former par. (3) redesignated (2).

Subsec. (c)(4). Pub. L. 102–573, § 201(a)(3)(A), redesignated par. (4) as (3).

Subsec. (d)(1). Pub. L. 102–573, § 201(a)(4), substituted “this section” for “subsection (h) of this section”.

Subsec. (e). Pub. L. 102–573, § 201(a)(5)(A), in introductory provisions, substituted “3 years after October 29, 1992, the Secretary shall submit to the Congress the current health status and resource deficiency report” for “60 days after November 23, 1988, the Secretary shall submit to the Congress the current health services priority system report”.

Subsec. (e)(1). Pub. L. 102–573, § 201(a)(5)(B), substituted “health status and resource deficiencies” for “health resources deficiencies”.

Subsec. (e)(2). Pub. L. 102–573, § 201(a)(5)(C), substituted “the extent of the health status and resource deficiency of” for “the level of health resources deficiency for”.

Subsec. (e)(3). Pub. L. 102–573, § 201(a)(5)(D), substituted “eliminate the health status and resource deficiencies of all Indian tribes served by the Service; and” for “raise all Indian tribes served by the Service below health resources deficiency level II to health resources deficiency level II;”.

Subsec. (e)(4) to (6). Pub. L. 102–573, § 201(a)(5)(E), redesignated par. (6) as (4) and struck out former pars. (4) and (5) which read as follows:

“(4) the amount of funds necessary to raise all tribes served by the Service below health resources deficiency level I to health resources deficiency level I;

“(5) the amount of funds necessary to raise all tribes served by the Service to zero health resources deficiency; and”.

Subsec. (f). Pub. L. 102–573, § 201(a)(6), redesignated par. (2) as entire subsec. and struck out former par. (1) which read as follows: “The President shall include with the budget submitted to the Congress under section 1105 of title 31 for each fiscal year a separate statement which specifies the amount of funds requested to carry out the provisions of this section for such fiscal year.”

Subsec. (h). Pub. L. 102–573, § 217(b)(1), substituted “this section” for “this subsection” and struck out former first sentence which authorized appropriations for fiscal years 1990 to 1992.

1988—Pub. L. 100–713 amended section generally, substituting subsecs. (a) to (h) relating to improvement of Indian health status for former subsecs. (a) to (e) relating to direct patient care program.

1980—Subsec. (c)(1). Pub. L. 96–537, § 4(a)(1), inserted provisions authorizing appropriation of specific amounts for fiscal years ending Sept. 30, 1981, Sept. 30, 1982, Sept. 30, 1983, and Sept. 30, 1984, and further authorizing additional positions as may be necessary for each such fiscal year.

Subsec. (c)(2). Pub. L. 96–537, § 4(a)(2), inserted provisions authorizing appropriation of specific amounts for fiscal years ending Sept. 30, 1981, Sept. 30, 1982, Sept. 30, 1983, and Sept. 30, 1984, and further authorizing additional positions as may be necessary for each such fiscal year.

Subsec. (c)(3). Pub. L. 96–537, § 4(a)(3), inserted provisions authorizing appropriation of specific amounts for fiscal years ending Sept. 30, 1981, Sept. 30, 1982, Sept. 30, 1983, and Sept. 30, 1984, and further authorizing additional positions as may be necessary for each such fiscal year.

Subsec. (c)(4)(A). Pub. L. 96–537, § 4(b)(1), inserted provisions authorizing appropriation of specific amounts for fiscal years ending Sept. 30, 1981, Sept. 30, 1982, Sept. 30, 1983, and Sept. 30, 1984, and further authorizing additional positions as may be necessary for each such fiscal year.

Subsec. (c)(4)(B). Pub. L. 96–537, § 4(b)(2), inserted provisions authorizing appropriation of specific amounts for fiscal years ending Sept. 30, 1981, Sept. 30, 1982, Sept. 30, 1983, and Sept. 30, 1984, and further authorizing additional positions as may be necessary for each such fiscal year.

Subsec. (c)(4)(C). Pub. L. 96–537, § 4(b)(3), inserted provisions authorizing appropriation of specific amounts for fiscal years ending Sept. 30, 1981, Sept. 30, 1982, Sept. 30, 1983, and Sept. 30, 1984, and further authorizing additional positions as may be necessary for each such fiscal year.

Subsec. (c)(4)(D). Pub. L. 96–537, § 4(b)(4), inserted provisions authorizing appropriation of specific amounts for fiscal years ending Sept. 30, 1981, Sept. 30, 1982, Sept. 30, 1983, and Sept. 30, 1984, and further authorizing additional positions as may be necessary for each such fiscal year.

Subsec. (c)(4)(E). Pub. L. 96–537, § 4(b)(5), inserted provisions authorizing appropriation of specific amounts for fiscal years ending Sept. 30, 1981, Sept. 30, 1982, Sept. 30, 1983, and Sept. 30, 1984.

Subsec. (c)(5). Pub. L. 96–537, § 4(c)(1), inserted provisions authorizing appropriation of specific amounts for fiscal years ending Sept. 30, 1981, Sept. 30, 1982, Sept. 30, 1983, and Sept. 30, 1984.

Subsec. (c)(6). Pub. L. 96–537, § 4(c)(2), inserted provisions authorizing appropriation of specific amounts for fiscal years ending Sept. 30, 1981, Sept. 30, 1982, Sept. 30, 1983, and Sept. 30, 1984, and further authorizing additional positions as may be necessary for each such fiscal year.

Subsec. (c)(7). Pub. L. 96–537, § 4(c)(3), struck out par. (7) which authorized appropriation for the items referred to in subsecs. (c)(1) to (c)(6) of such sums as may be specifically authorized by an act enacted after Sept. 30, 1976, for fiscal years 1981, 1982, 1983, and 1984, and which further authorized positions for items referred to in subsecs. (c)(1) to (c)(6) other than subsecs. (c)(4)(E) and (c)(5), as may be specified in an act enacted after Sept. 30, 1976.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendments

Pub. L. 102–573, title II, § 201(b), Oct. 29, 1992, 106 Stat. 4546, provided that: “Except with respect to the amendments made by subsection (a)(5) [amending this section], the amendments made by subsection (a) [amending this section] shall take effect three years after the date of the enactment of this Act [Oct. 29, 1992]. The amendments made by subsection (a)(5) shall take effect upon the date of the enactment of this Act.”

Contract Medical Care Funds

Pub. L. 108–7, div. F, title II, Feb. 20, 2003, 117 Stat. 261, provided in part: “That contract medical care funds appropriated heretofore and hereafter for tribes recognized after January 1, 1995, may be used to provide medical services directly or through contract medical care”.

§1621a. Catastrophic Health Emergency Fund

25 U.S.C. § 1621a

(a)

Establishment— There is established an Indian Catastrophic Health Emergency Fund (hereafter in this section referred to as the “CHEF”) consisting of—

(1)

the amounts deposited under subsection (f); and

(2)

the amounts appropriated to CHEF under this section.

(b)

Administration— CHEF shall be administered by the Secretary, acting through the headquarters of the Service, solely for the purpose of meeting the extraordinary medical costs associated with the treatment of victims of disasters or catastrophic illnesses who are within the responsibility of the Service.

(c)

Conditions on use of Fund— No part of CHEF or its administration shall be subject to contract or grant under any law, including the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),¹ nor shall CHEF funds be allocated, apportioned, or delegated on an Area Office, Service Unit, or other similar basis.

(d)

Regulations— The Secretary shall promulgate regulations consistent with the provisions of this section to—

(1)

establish a definition of disasters and catastrophic illnesses for which the cost of the treatment provided under contract would qualify for payment from CHEF;

(2)

provide that a Service Unit shall not be eligible for reimbursement for the cost of treatment from CHEF until its cost of treating any victim of such catastrophic illness or disaster has reached a certain threshold cost which the Secretary shall establish at—

(A)

the 2000 level of $19,000; and

(B)

for any subsequent year, not less than the threshold cost of the previous year increased by the percentage increase in the medical care expenditure category of the consumer price index for all urban consumers (United States city average) for the 12-month period ending with December of the previous year;

(3)

establish a procedure for the reimbursement of the portion of the costs that exceeds such threshold cost incurred by—

(A)

Service Units; or

(B)

whenever otherwise authorized by the Service, non-Service facilities or providers;

(4)

establish a procedure for payment from CHEF in cases in which the exigencies of the medical circumstances warrant treatment prior to the authorization of such treatment by the Service; and

(5)

establish a procedure that will ensure that no payment shall be made from CHEF to any provider of treatment to the extent that such provider is eligible to receive payment for the treatment from any other Federal, State, local, or private source of reimbursement for which the patient is eligible.

(e)

No offset or limitation— Amounts appropriated to CHEF under this section shall not be used to offset or limit appropriations made to the Service under the authority of section 13 of this title, or any other law.

(f)

Deposit of reimbursement funds— There shall be deposited into CHEF all reimbursements to which the Service is entitled from any Federal, State, local, or private source (including third party insurance) by reason of treatment rendered to any victim of a disaster or catastrophic illness the cost of which was paid from CHEF.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 202, as added Pub. L. 100–713, title II, § 202, Nov. 23, 1988, 102 Stat. 4803; amended Pub. L. 102–573, title II, §§ 202(a), 217(b)(2), Oct. 29, 1992, 106 Stat. 4546, 4559; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (c), 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

Amendment by Pub. L. 111–148 is based on section 122 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.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to establishment of Indian Catastrophic Health Emergency Fund with provisions for its administration, promulgation of regulations, procedures for payment, effect of appropriated funds on other appropriations, and deposit of reimbursements.

1992—Subsec. (a)(1)(B). Pub. L. 102–573, § 202(a)(1), substituted “to the Fund under this section” for “under subsection (e) of this section”.

Subsec. (b)(2). Pub. L. 102–573, § 202(a)(2), substituted “shall establish at—” and subpars. (A) and (B) for “shall establish at not less than $10,000 or not more than $20,000;”.

Subsec. (c). Pub. L. 102–573, § 202(a)(3), substituted “Amounts appropriated to the Fund under this section” for “Funds appropriated under subsection (e) of this section”.

Subsec. (e). Pub. L. 102–573, § 217(b)(2), struck out subsec. (e) which authorized appropriations for fiscal years 1989 to 1992.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–573, title II, § 202(b), Oct. 29, 1992, 106 Stat. 4546, provided that: “The amendment made by subsection (a)(2) [amending this section] shall take effect January 1, 1993.”

§1621b. Health promotion and disease prevention services

25 U.S.C. § 1621b

(a)

Authorization— The Secretary, acting through the Service, shall provide health promotion and disease prevention services to Indians so as to achieve the health status objectives set forth in section 1602(b)¹ of this title.

(b)

Evaluation statement for Presidential budget— The Secretary shall submit to the President for inclusion in each statement which is required to be submitted to the Congress under section 1671 of this title an evaluation of—

(1)

the health promotion and disease prevention needs of Indians,

(2)

the health promotion and disease prevention activities which would best meet such needs,

(3)

the internal capacity of the Service to meet such needs, and

(4)

the resources which would be required to enable the Service to undertake the health promotion and disease prevention activities necessary to meet such needs.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 203, as added Pub. L. 100–713, title II, § 203(c), Nov. 23, 1988, 102 Stat. 4805; amended Pub. L. 102–573, title II, § 203, Oct. 29, 1992, 106 Stat. 4546.)

Editorial Notes

References in Text

Section 1602 of this title, referred to in subsec. (a), was amended generally by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935, and, as so amended, no longer contains a subsec. (b).

Amendments

1992—Subsec. (a). Pub. L. 102–573, § 203(1), inserted before period at end “so as to achieve the health status objectives set forth in section 1602(b) of this title”.

Subsec. (b). Pub. L. 102–573, § 203(2), in introductory provisions, substituted “section 1671” for “section 1621(f)”.

Subsec. (c). Pub. L. 102–573, § 203(3), struck out subsec. (c) which directed establishment of between 1 and 4 health-related demonstration projects to terminate 30 months after Nov. 23, 1988.

Statutory Notes and Related Subsidiaries

Congressional Findings on Health Promotion and Disease Prevention

Pub. L. 100–713, title II, § 203(a), Nov. 23, 1988, 102 Stat. 4804, provided that: “The Congress finds that health promotion and disease prevention activities will— improve the health and well being of Indians, and reduce the expenses for medical care of Indians.”

§1621c. Diabetes prevention, treatment, and control

25 U.S.C. § 1621c

(a)

Determinations regarding diabetes— The Secretary, acting through the Service, and in consultation with Indian tribes and tribal organizations, shall determine—

(1)

by Indian tribe and by Service unit, the incidence of, and the types of complications resulting from, diabetes among Indians; and

(2)

based on the determinations made pursuant to paragraph (1), the measures (including patient education and effective ongoing monitoring of disease indicators) each Service unit should take to reduce the incidence of, and prevent, treat, and control the complications resulting from, diabetes among Indian tribes within that Service unit.

(b)

Diabetes screening— To the extent medically indicated and with informed consent, the Secretary shall screen each Indian who receives services from the Service for diabetes and for conditions which indicate a high risk that the individual will become diabetic and establish a cost-effective approach to ensure ongoing monitoring of disease indicators. Such screening and monitoring may be conducted by a tribal health program and may be conducted through appropriate Internet-based health care management programs.

(c)

Diabetes projects— The Secretary shall continue to maintain each model diabetes project in existence on March 23, 2010, any such other diabetes programs operated by the Service or tribal health programs, and any additional diabetes projects, such as the Medical Vanguard program provided for in title IV of Public Law 108–87, as implemented to serve Indian tribes. tribal¹ health programs shall receive recurring funding for the diabetes projects that they operate pursuant to this section, both at March 23, 2010, and for projects which are added and funded thereafter.

(d)

Dialysis programs— The Secretary is authorized to provide, through the Service, Indian tribes, and tribal organizations, dialysis programs, including the purchase of dialysis equipment and the provision of necessary staffing.

(e)

Other duties of the Secretary—

(1)

In general— The Secretary shall, to the extent funding is available—

(A)

in each area office, consult with Indian tribes and tribal organizations regarding programs for the prevention, treatment, and control of diabetes;

(B)

establish in each area office a registry of patients with diabetes to track the incidence of diabetes and the complications from diabetes in that area; and

(C)

ensure that data collected in each area office regarding diabetes and related complications among Indians are disseminated to all other area offices, subject to applicable patient privacy laws.

(2)

Diabetes control officers—

(A)

In general— The Secretary may establish and maintain in each area office a position of diabetes control officer to coordinate and manage any activity of that area office relating to the prevention, treatment, or control of diabetes to assist the Secretary in carrying out a program under this section or section 254c–3 of title 42.

(B)

Certain activities— Any activity carried out by a diabetes control officer under subparagraph (A) that is the subject of a contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),² and any funds made available to carry out such an activity, shall not be divisible for purposes of that Act.

Footnotes

1 So in original. Probably should be capitalized.
2 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 204, as added Pub. L. 100–713, title II, § 203(c), Nov. 23, 1988, 102 Stat. 4806; amended Pub. L. 102–573, title II, §§ 204, 217(b)(3), title IX, § 901(2), Oct. 29, 1992, 106 Stat. 4546, 4559, 4590; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

Public Law 108–87, referred to in subsec. (c), is Pub. L. 108–87, Sept. 30, 2003, 117 Stat. 1054, known as the Department of Defense Appropriations Act, 2004. Title IV of the Act (117 Stat. 1067) is not classified to the Code. For complete classification of this Act to the Code, see Tables.

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (e)(2)(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

Amendment by Pub. L. 111–148 is based on sections 101(c)(1) and 123 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 were enacted into law by section 10221(a) of Pub. L. 111–148.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to determination of incidence of, and types of complications resulting from, diabetes among Indians, measures for treatment and control of diabetes among tribes, screening of each Indian receiving services from the Service, model diabetes projects, establishment by diabetes control officers of registry of patients with diabetes, and authorization of appropriations.

Subsec. (c)(1). Pub. L. 111–148 struck out “through fiscal year 2000” before “each model diabetes project” in introductory provisions prior to general amendment of section. See above.

1992—Subsec. (a). Pub. L. 102–573, § 901(2), redesignated par. (1) as entire subsec., redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, substituted “paragraph (1)” for “subparagraph (A)” in par. (2), and struck out former par. (2) which read as follows: “Within 18 months after November 23, 1988, the Secretary shall prepare and transmit to the President and the Congress a report describing the determinations made and measures taken under paragraph (1) and making recommendations for additional funding to prevent, treat, and control diabetes among Indians.”

Subsec. (c). Pub. L. 102–573, § 204(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:

“(1) The Secretary shall continue to maintain during fiscal years 1988 through 1991 each of the following model diabetes projects which are in existence on November 23, 1988:

“(A) Claremore Indian Hospital in Oklahoma;

“(B) Fort Totten Health Center in North Dakota;

“(C) Sacaton Indian Hospital in Arizona;

“(D) Winnebago Indian Hospital in Nebraska;

“(E) Albuquerque Indian Hospital in New Mexico;

“(F) Perry, Princeton, and Old Town Health Centers in Maine; and

“(G) Bellingham Health Center in Washington.

“(2) The Secretary shall establish in fiscal year 1989, and maintain during fiscal years 1989 through 1991, a model diabetes project in each of the following locations:

“(A) Fort Berthold Reservation;

“(B) the Navajo Reservation;

“(C) the Papago Reservation;

“(D) the Zuni Reservation; and

“(E) the States of Alaska, California, Minnesota, Montana, Oregon, and Utah.”

Subsec. (d)(4). Pub. L. 102–573, § 204(2), added par. (4).

Subsec. (e). Pub. L. 102–573, § 217(b)(3), substituted “this section” for “subsection (c) of this section” and struck out at beginning “There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.”

§1621d. Other authority for provision of services

25 U.S.C. § 1621d

(a)

Definitions— In this section:

(1)

Assisted living service— The term “assisted living service” means any service provided by an assisted living facility (as defined in section 1715w(b) of title 12), except that such an assisted living facility—

(A)

shall not be required to obtain a license; but

(B)

shall meet all applicable standards for licensure.

(2)

Home- and community-based service— The term “home- and community-based service” means 1 or more of the services specified in paragraphs (1) through (9) of section 1396t(a) of title 42 (whether provided by the Service or by an Indian tribe or tribal organization pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.))¹ that are or will be provided in accordance with applicable standards.

(3)

Hospice care— The term “hospice care” means—

(A)

the items and services specified in subparagraphs (A) through (H) of section 1395x(dd)(1) of title 42; and

(B)

such other services as an Indian tribe or tribal organization determines are necessary and appropriate to provide in furtherance of that care.

(4)

Long-term care services— The term “long-term care services” has the meaning given the term “qualified long-term care services” in section 7702B(c) of title 26.

(b)

Funding authorized— The Secretary, acting through the Service, Indian tribes, and tribal organizations, may provide funding under this chapter to meet the objectives set forth in section 1602 of this title through health care-related services and programs not otherwise described in this chapter for the following services:

(1)

Hospice care.

(2)

Assisted living services.

(3)

Long-term care services.

(4)

Home- and community-based services.

(c)

Eligibility— The following individuals shall be eligible to receive long-term care services under this section:

(1)

Individuals who are unable to perform a certain number of activities of daily living without assistance.

(2)

Individuals with a mental impairment, such as dementia, Alzheimer’s disease, or another disabling mental illness, who may be able to perform activities of daily living under supervision.

(3)

Such other individuals as an applicable tribal health program determines to be appropriate.

(d)

Authorization of convenient care services— The Secretary, acting through the Service, Indian tribes, and tribal organizations, may also provide funding under this chapter to meet the objectives set forth in section 1602 of this title for convenient care services programs pursuant to section 1637(c)(2)(A) of this title.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 205, as added Pub. L. 102–573, title II, § 206(a), Oct. 29, 1992, 106 Stat. 4548; amended Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (a)(2), 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.

This chapter, referred to in subsecs. (b) and (d), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

Codification

Amendment by Pub. L. 111–148 is based on section 124(a)(1) 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 1621d, Pub. L. 94–437, title II, § 205, as added Pub. L. 100–713, title II, § 203(c), Nov. 23, 1988, 102 Stat. 4807, related to Native Hawaiian health promotion and disease prevention, prior to repeal by Pub. L. 100–579, § 14, formerly § 10, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100–690, title II, § 2310, Nov. 18, 1988, 102 Stat. 4229; renumbered § 14, Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948. See section 11701 et seq. of Title 42, The Public Health and Welfare.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to hospice care feasibility study.

§1621e. Reimbursement from certain third parties of costs of health services

25 U.S.C. § 1621e

(a)

Right of recovery— Except as provided in subsection (f), the United States, an Indian tribe, or tribal organization shall have the right to recover from an insurance company, health maintenance organization, employee benefit plan, third-party tortfeasor, or any other responsible or liable third party (including a political subdivision or local governmental entity of a State) the reasonable charges billed by the Secretary, an Indian tribe, or tribal organization in providing health services through the Service, an Indian tribe, or tribal organization, or, if higher, the highest amount the third party would pay for care and services furnished by providers other than governmental entities, to any individual to the same extent that such individual, or any nongovernmental provider of such services, would be eligible to receive damages, reimbursement, or indemnification for such charges or expenses if—

(1)

such services had been provided by a nongovernmental provider; and

(2)

such individual had been required to pay such charges or expenses and did pay such charges or expenses.

(b)

Limitations on recoveries from States— Subsection (a) shall provide a right of recovery against any State, only if the injury, illness, or disability for which health services were provided is covered under—

(1)

workers’ compensation laws; or

(2)

a no-fault automobile accident insurance plan or program.

(c)

Nonapplicability of other laws— No law of any State, or of any political subdivision of a State and no provision of any contract, insurance or health maintenance organization policy, employee benefit plan, self-insurance plan, managed care plan, or other health care plan or program entered into or renewed after November 23, 1988, shall prevent or hinder the right of recovery of the United States, an Indian tribe, or tribal organization under subsection (a).

(d)

No effect on private rights of action— No action taken by the United States, an Indian tribe, or tribal organization to enforce the right of recovery provided under this section shall operate to deny to the injured person the recovery for that portion of the person’s damage not covered hereunder.

(e)

Enforcement—

(1)

In general— The United States, an Indian tribe, or tribal organization may enforce the right of recovery provided under subsection (a) by—

(A)

intervening or joining in any civil action or proceeding brought—

(i)

by the individual for whom health services were provided by the Secretary, an Indian tribe, or tribal organization; or

(ii)

by any representative or heirs of such individual, or

(B)

instituting a separate civil action, including a civil action for injunctive relief and other relief and including, with respect to a political subdivision or local governmental entity of a State, such an action against an official thereof.

(2)

Notice— All reasonable efforts shall be made to provide notice of action instituted under paragraph (1)(B) to the individual to whom health services were provided, either before or during the pendency of such action.

(3)

Recovery from tortfeasors—

(A)

In general— In any case in which an Indian tribe or tribal organization that is authorized or required under a compact or contract issued pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)¹ to furnish or pay for health services to a person who is injured or suffers a disease on or after March 23, 2010, under circumstances that establish grounds for a claim of liability against the tortfeasor with respect to the injury or disease, the Indian tribe or tribal organization shall have a right to recover from the tortfeasor (or an insurer of the tortfeasor) the reasonable value of the health services so furnished, paid for, or to be paid for, in accordance with the Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.), to the same extent and under the same circumstances as the United States may recover under that Act.

(B)

Treatment— The right of an Indian tribe or tribal organization to recover under subparagraph (A) shall be independent of the rights of the injured or diseased person served by the Indian tribe or tribal organization.

(f)

Limitation— Absent specific written authorization by the governing body of an Indian tribe for the period of such authorization (which may not be for a period of more than 1 year and which may be revoked at any time upon written notice by the governing body to the Service), the United States shall not have a right of recovery under this section if the injury, illness, or disability for which health services were provided is covered under a self-insurance plan funded by an Indian tribe, tribal organization, or urban Indian organization. Where such authorization is provided, the Service may receive and expend such amounts for the provision of additional health services consistent with such authorization.

(g)

Costs and attorney’s fees— In any action brought to enforce the provisions of this section, a prevailing plaintiff shall be awarded its reasonable attorney’s fees and costs of litigation.

(h)

Nonapplicability of claims filing requirements— An insurance company, health maintenance organization, self-insurance plan, managed care plan, or other health care plan or program (under the Social Security Act [42 U.S.C. 301 et seq.] or otherwise) may not deny a claim for benefits submitted by the Service or by an Indian tribe or tribal organization based on the format in which the claim is submitted if such format complies with the format required for submission of claims under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] or recognized under section 1175 of such Act [42 U.S.C. 1320d–4].

(i)

Application to urban Indian organizations— The previous provisions of this section shall apply to urban Indian organizations with respect to populations served by such Organizations¹ in the same manner they apply to Indian tribes and tribal organizations with respect to populations served by such Indian tribes and tribal organizations.

(j)

Statute of limitations— The provisions of section 2415 of title 28 shall apply to all actions commenced under this section, and the references therein to the United States are deemed to include Indian tribes, tribal organizations, and urban Indian organizations.

(k)

Savings— Nothing in this section shall be construed to limit any right of recovery available to the United States, an Indian tribe, or tribal organization under the provisions of any applicable, Federal, State, or tribal law, including medical lien laws.

Footnotes

1 See References in Text note below.
1 So in original. Probably should not be capitalized.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 206, as added Pub. L. 100–713, title II, § 204, Nov. 23, 1988, 102 Stat. 4811; amended Pub. L. 102–573, title II, § 209, Oct. 29, 1992, 106 Stat. 4551; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (e)(3)(A), 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.

The Federal Medical Care Recovery Act, referred to in subsec. (e)(3)(A), probably means Pub. L. 87–693, Sept. 25, 1962, 76 Stat. 593, which is classified generally to chapter 32 (§ 2651 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables.

The Social Security Act, referred to in subsec. (h), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Codification

Amendment by Pub. L. 111–148 is based on section 125 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.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to right of recovery of costs of health services by the United States, an Indian tribe, or a tribal organization from certain third parties.

1992—Subsec. (a). Pub. L. 102–573, § 209(b)(1), substituted “Except as provided in subsection (f) of this section, the” for “The”.

Pub. L. 102–573, § 209(a)(1)–(3), inserted “, an Indian tribe, or a tribal organization” after “United States”, after “Service”, and after “Secretary”.

Subsec. (b). Pub. L. 102–573, § 209(a)(4), struck out “, or any political subdivision of a State,” after “against any State”.

Subsecs. (c), (d). Pub. L. 102–573, § 209(a)(1), inserted “, an Indian tribe, or a tribal organization” after “United States”.

Subsec. (e). Pub. L. 102–573, § 209(a)(1), (3), inserted “, an Indian tribe, or a tribal organization” after “United States” in two places and after “Secretary”.

Subsec. (f). Pub. L. 102–573, § 209(b)(2), added subsec. (f).

§1621f. Crediting of reimbursements

25 U.S.C. § 1621f

(a)

Use of amounts—

(1)

Retention by program— Except as provided in sections 1621a(a)(2) and 1680c of this title, all reimbursements received or recovered under any of the programs described in paragraph (2), including under section 1680c of this title, by reason of the provision of health services by the Service, by an Indian tribe or tribal organization, or by an urban Indian organization, shall be credited to the Service, such Indian tribe or tribal organization, or such urban Indian organization, respectively, and may be used as provided in section 1641 of this title. In the case of such a service provided by or through a Service Unit, such amounts shall be credited to such unit and used for such purposes.

(2)

Programs covered— The programs referred to in paragraph (1) are the following:

(A)

Titles XVIII, XIX, and XXI of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq., 1397aa et seq.].

(B)

This chapter, including section 1680c of this title.

(C)

Public Law 87–693 [42 U.S.C. 2651 et seq.].

(D)

Any other provision of law.

(b)

No offset of amounts— The Service may not offset or limit any amount obligated to any Service Unit or entity receiving funding from the Service because of the receipt of reimbursements under subsection (a).

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 207, as added Pub. L. 100–713, title II, § 204, Nov. 23, 1988, 102 Stat. 4812; amended Pub. L. 102–573, title VII, § 701(c)(1), Oct. 29, 1992, 106 Stat. 4572; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (a)(2)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII, XIX, and XXI of the Act are classified generally to subchapters XVIII (§ 1395 et seq.), XIX (§ 1396 et seq.), and XXI (§ 1397aa et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

This chapter, referred to in subsec. (a)(2)(B), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

Public Law 87–693, referred to in subsec. (a)(2)(C), is Pub. L. 87–693, Sept. 25, 1962, 76 Stat. 593, popularly known as the Federal Medical Care Recovery Act, which is classified generally to chapter 32 (§ 2651 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables.

Codification

Amendment by Pub. L. 111–148 is based on section 126 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.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to crediting of reimbursements.

1992—Subsec. (a). Pub. L. 102–573 made technical amendment to reference to section 1680c of this title to reflect renumbering of corresponding section of original act.

§1621g. Health services research

25 U.S.C. § 1621g

Of the amounts appropriated for the Service in any fiscal year, other than amounts made available for the Indian Health Care Improvement Fund, not less than $200,000 shall be available only for research to further the performance of the health service responsibilities of the Service. Indian tribes and tribal organizations contracting with the Service under the authority of the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] shall be given an equal opportunity to compete for, and receive, research funds under this section.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 208, as added Pub. L. 100–713, title II, § 204, Nov. 23, 1988, 102 Stat. 4812.)

Editorial Notes

References in Text

The Indian Self-Determination Act, referred to in text, is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 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.

§1621h. Mental health prevention and treatment services

25 U.S.C. § 1621h

(a)

National plan for Indian Mental Health Services—

(1)

Not later than 120 days after November 28, 1990, the Secretary, acting through the Service, shall develop and publish in the Federal Register a final national plan for Indian Mental Health Services. The plan shall include—

(A)

an assessment of the scope of the problem of mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence, among Indians, including—

(i)

the number of Indians served by the Service who are directly or indirectly affected by such illness or behavior, and

(ii)

an estimate of the financial and human cost attributable to such illness or behavior;

(B)

an assessment of the existing and additional resources necessary for the prevention and treatment of such illness and behavior; and

(C)

an estimate of the additional funding needed by the Service to meet its responsibilities under the plan.

(2)

The Secretary shall submit a copy of the national plan to the Congress.

(b)

Memorandum of agreement— Not later than 180 days after November 28, 1990, the Secretary and the Secretary of the Interior shall develop and enter into a memorandum of agreement under which the Secretaries shall, among other things—

(1)

determine and define the scope and nature of mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence, among Indians;

(2)

make an assessment of the existing Federal, tribal, State, local, and private services, resources, and programs available to provide mental health services for Indians;

(3)

make an initial determination of the unmet need for additional services, resources, and programs necessary to meet the needs identified pursuant to paragraph (1);

(4)

(A)

ensure that Indians, as citizens of the United States and of the States in which they reside, have access to mental health services to which all citizens have access;

(B)

determine the right of Indians to participate in, and receive the benefit of, such services; and

(C)

take actions necessary to protect the exercise of such right;

(5)

delineate the responsibilities of the Bureau of Indian Affairs and the Service, including mental health identification, prevention, education, referral, and treatment services (including services through multidisciplinary resource teams), at the central, area, and agency and service unit levels to address the problems identified in paragraph (1);

(6)

provide a strategy for the comprehensive coordination of the mental health services provided by the Bureau of Indian Affairs and the Service to meet the needs identified pursuant to paragraph (1), including—

(A)

the coordination of alcohol and substance abuse programs of the Service, the Bureau of Indian Affairs, and the various tribes (developed under the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 [25 U.S.C. 2401 et seq.]) with the mental health initiatives pursuant to this chapter, particularly with respect to the referral and treatment of dually-diagnosed individuals requiring mental health and substance abuse treatment; and

(B)

ensuring that Bureau of Indian Affairs and Service programs and services (including multidisciplinary resource teams) addressing child abuse and family violence are coordinated with such non-Federal programs and services;

(7)

direct appropriate officials of the Bureau of Indian Affairs and the Service, particularly at the agency and service unit levels, to cooperate fully with tribal requests made pursuant to subsection (d); and

(8)

provide for an annual review of such agreement by the two Secretaries.

(c)

Community mental health plan—

(1)

The governing body of any Indian tribe may, at its discretion, adopt a resolution for the establishment of a community mental health plan providing for the identification and coordination of available resources and programs to identify, prevent, or treat mental illness or dysfunctional and self-destructive behavior, including child abuse and family violence, among its members.

(2)

In furtherance of a plan established pursuant to paragraph (1) and at the request of a tribe, the appropriate agency, service unit, or other officials of the Bureau of Indian Affairs and the Service shall cooperate with, and provide technical assistance to, the tribe in the development of such plan. Upon the establishment of such a plan and at the request of the tribe, such officials, as directed by the memorandum of agreement developed pursuant to subsection (c), shall cooperate with the tribe in the implementation of such plan.

(3)

Two or more Indian tribes may form a coalition for the adoption of resolutions and the establishment and development of a joint community mental health plan under this subsection.

(4)

The Secretary, acting through the Service, may make grants to Indian tribes adopting a resolution pursuant to paragraph (1) to obtain technical assistance for the development of a community mental health plan and to provide administrative support in the implementation of such plan.

(d)

Behavioral health training and community education programs—

(1)

Study; list— The Secretary, acting through the Service, and the Secretary of the Interior, in consultation with Indian tribes and tribal organizations, shall conduct a study and compile a list of the types of staff positions specified in paragraph (2) whose qualifications include, or should include, training in the identification, prevention, education, referral, or treatment of mental illness, or dysfunctional and self destructive behavior.

(2)

Positions— The positions referred to in paragraph (1) are—

(A)

staff positions within the Bureau of Indian Affairs, including existing positions, in the fields of—

(i)

elementary and secondary education;

(ii)

social services and family and child welfare;

(iii)

law enforcement and judicial services; and

(iv)

alcohol and substance abuse;

(B)

staff positions within the Service; and

(C)

staff positions similar to those identified in subparagraphs (A) and (B) established and maintained by Indian tribes and tribal organizations (without regard to the funding source).

(3)

Training criteria—

(A)

In general— The appropriate Secretary shall provide training criteria appropriate to each type of position identified in paragraphs (2)(A) and (2)(B) and ensure that appropriate training has been, or shall be provided to any individual in any such position. With respect to any such individual in a position identified pursuant to paragraph (2)(C), the respective Secretaries shall provide appropriate training to, or provide funds to, an Indian tribe or tribal organization for training of appropriate individuals. In the case of positions funded under a contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),¹ the appropriate Secretary shall ensure that such training costs are included in the contract or compact, as the Secretary determines necessary.

(B)

Position specific training criteria— Position specific training criteria shall be culturally relevant to Indians and Indian tribes and shall ensure that appropriate information regarding traditional health care practices is provided.

(4)

Community education on mental illness— The Service shall develop and implement, on request of an Indian tribe, tribal organization, or urban Indian organization, or assist the Indian tribe, tribal organization, or urban Indian organization to develop and implement, a program of community education on mental illness. In carrying out this paragraph, the Service shall, upon request of an Indian tribe, tribal organization, or urban Indian organization, provide technical assistance to the Indian tribe, tribal organization, or urban Indian organization to obtain and develop community educational materials on the identification, prevention, referral, and treatment of mental illness and dysfunctional and self-destructive behavior.

(5)

Plan— Not later than 90 days after March 23, 2010, the Secretary shall develop a plan under which the Service will increase the health care staff providing behavioral health services by at least 500 positions within 5 years after March 23, 2010, with at least 200 of such positions devoted to child, adolescent, and family services. The plan developed under this paragraph shall be implemented under section 13 of this title.

(e)

Staffing—

(1)

Within 90 days after November 28, 1990, the Secretary shall develop a plan under which the Service will increase the health care staff providing mental health services by at least 500 positions within five years after November 28, 1990, with at least 200 of such positions devoted to child, adolescent, and family services. Such additional staff shall be primarily assigned to the service unit level for services which shall include outpatient, emergency, aftercare and follow-up, and prevention and education services.

(2)

The plan developed under paragraph (1) shall be implemented under section 13 of this title.

(f)

Staff recruitment and retention—

(1)

The Secretary shall provide for the recruitment of the additional personnel required by subsection (f) and the retention of all Service personnel providing mental health services. In carrying out this subsection, the Secretary shall give priority to practitioners providing mental health services to children and adolescents with mental health problems.

(2)

In carrying out paragraph (1), the Secretary shall develop a program providing for—

(A)

the payment of bonuses (which shall not be more favorable than those provided for under sections 1616i and 1616j of this title) for service in hardship posts;

(B)

the repayment of loans (for which the provisions of repayment contracts shall not be more favorable than the repayment contracts under section 1616a of this title) for health professions education as a recruitment incentive; and

(C)

a system of postgraduate rotations as a retention incentive.

(3)

This subsection shall be carried out in coordination with the recruitment and retention programs under subchapter I.

(g)

Mental Health Technician program—

(1)

Under the authority of section 13 of this title, the Secretary shall establish and maintain a Mental Health Technician program within the Service which—

(A)

provides for the training of Indians as mental health technicians; and

(B)

employs such technicians in the provision of community-based mental health care that includes identification, prevention, education, referral, and treatment services.

(2)

In carrying out paragraph (1)(A), the Secretary shall provide high standard paraprofessional training in mental health care necessary to provide quality care to the Indian communities to be served. Such training shall be based upon a curriculum developed or approved by the Secretary which combines education in the theory of mental health care with supervised practical experience in the provision of such care.

(3)

The Secretary shall supervise and evaluate the mental health technicians in the training program.

(4)

The Secretary shall ensure that the program established pursuant to this subsection involves the utilization and promotion of the traditional Indian health care and treatment practices of the Indian tribes to be served.

(h)

Mental health research— The Secretary, acting through the Service and in consultation with the National Institute of Mental Health, shall enter into contracts with, or make grants to, appropriate institutions for the conduct of research on the incidence and prevalence of mental disorders among Indians on Indian reservations and in urban areas. Research priorities under this subsection shall include—

(1)

the inter-relationship and inter-dependence of mental disorders with alcoholism, suicide, homicides, accidents, and the incidence of family violence, and

(2)

the development of models of prevention techniques.

The effect of the inter-relationships and interdependencies referred to in paragraph (1) on children, and the development of prevention techniques under paragraph (2) applicable to children, shall be emphasized.

(i)

Facilities assessment— Within one year after November 28, 1990, the Secretary, acting through the Service, shall make an assessment of the need for inpatient mental health care among Indians and the availability and cost of inpatient mental health facilities which can meet such need. In making such assessment, the Secretary shall consider the possible conversion of existing, under-utilized service hospital beds into psychiatric units to meet such need.

(j)

Annual report— The Service shall develop methods for analyzing and evaluating the overall status of mental health programs and services for Indians and shall submit to the President, for inclusion in each report required to be transmitted to the Congress under section 1671 of this title, a report on the mental health status of Indians which shall describe the progress being made to address mental health problems of Indian communities.

(k)

Mental health demonstration grant program—

(1)

The Secretary, acting through the Service, is authorized to make grants to Indian tribes and inter-tribal consortia to pay 75 percent of the cost of planning, developing, and implementing programs to deliver innovative community-based mental health services to Indians. The 25 percent tribal share of such cost may be provided in cash or through the provision of property or services.

(2)

The Secretary may award a grant for a project under paragraph (1) to an Indian tribe or inter-tribal consortium which meets the following criteria:

(A)

The project will address significant unmet mental health needs among Indians.

(B)

The project will serve a significant number of Indians.

(C)

The project has the potential to deliver services in an efficient and effective manner.

(D)

The tribe or consortium has the administrative and financial capability to administer the project.

(E)

The project will deliver services in a manner consistent with traditional Indian healing and treatment practices.

(F)

The project is coordinated with, and avoids duplication of, existing services.

(3)

For purposes of this subsection, the Secretary shall, in evaluating applications for grants for projects to be operated under any contract entered into with the Service under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.], use the same criteria that the Secretary uses in evaluating any other application for such a grant.

(4)

The Secretary may only award one grant under this subsection with respect to a service area until the Secretary has awarded grants for all service areas with respect to which the Secretary receives applications during the application period, as determined by the Secretary, which meet the criteria specified in paragraph (2).

(5)

Not later than 180 days after the close of the term of the last grant awarded pursuant to this subsection, the Secretary shall submit to the Congress a report evaluating the effectiveness of the innovative community-based projects demonstrated pursuant to this subsection. Such report shall include findings and recommendations, if any, relating to the reorganization of the programs of the Service for delivery of mental health services to Indians.

(6)

Grants made pursuant to this section may be expended over a period of three years and no grant may exceed $1,000,000 for the fiscal years involved.

(l)

Licensing requirement for mental health care workers— Any person employed as a psychologist, social worker, or marriage and family therapist for the purpose of providing mental health care services to Indians in a clinical setting under the authority of this chapter or through a contract pursuant to the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] shall—

(1)

in the case of a person employed as a psychologist, be licensed as a clinical psychologist or working under the direct supervision of a licensed clinical psychologist;

(2)

in the case of a person employed as a social worker, be licensed as a social worker or working under the direct supervision of a licensed social worker; or

(3)

in the case of a person employed as a marriage and family therapist, be licensed as a marriage and family therapist or working under the direct supervision of a licensed marriage and family therapist.

(m)

Intermediate adolescent mental health services—

(1)

The Secretary, acting through the Service, may make grants to Indian tribes and tribal organizations to provide intermediate mental health services to Indian children and adolescents, including—

(A)

inpatient and outpatient services;

(B)

emergency care;

(C)

suicide prevention and crisis intervention; and

(D)

prevention and treatment of mental illness, and dysfunctional and self-destructive behavior, including child abuse and family violence.

(2)

Funds provided under this subsection may be used—

(A)

to construct or renovate an existing health facility to provide intermediate mental health services;

(B)

to hire mental health professionals;

(C)

to staff, operate, and maintain an intermediate mental health facility, group home, or youth shelter where intermediate mental health services are being provided; and

(D)

to make renovations and hire appropriate staff to convert existing hospital beds into adolescent psychiatric units.

(3)

Funds provided under this subsection may not be used for the purposes described in section 1621o(b)(1) of this title.

(4)

An Indian tribe or tribal organization receiving a grant under this subsection shall ensure that intermediate adolescent mental health services are coordinated with other tribal, Service, and Bureau of Indian Affairs mental health, alcohol and substance abuse, and social services programs on the reservation of such tribe or tribal organization.

(5)

The Secretary shall establish criteria for the review and approval of applications for grants made pursuant to this subsection.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 209, as added Pub. L. 101–630, title V, § 503(b), Nov. 28, 1990, 104 Stat. 4557; amended Pub. L. 102–573, title II, §§ 205, 217(b)(4), title IX, § 902(3), Oct. 29, 1992, 106 Stat. 4547, 4559, 4591; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986, referred to in subsec. (b)(6)(A), is subtitle C of title IV of Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207–137, which is classified generally to chapter 26 (§ 2401 et seq.) of this title. For complete classification of subtitle C to the Code, see Short Title note set out under section 2401 of this title and Tables.

This chapter, referred to in subsecs. (b)(6)(A) and (l), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (d)(3)(A), 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.

The Indian Self-Determination Act, referred to in subsecs. (k)(3) and (l), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 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

Amendment by Pub. L. 111–148 is based on sections 101(b)(2) and 127 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 were enacted into law by section 10221(a) of Pub. L. 111–148.

Amendments

2010—Subsec. (d). Pub. L. 111–148 added subsec. (d) and struck out former subsec. (d) which related to mental health training and community education programs.

Subsec. (m)(6). Pub. L. 111–148 struck out par. (6) which authorized appropriations for fiscal years 1993 to 2000.

1992—Pub. L. 102–573, § 902(3)(A), made technical amendment to section catchline.

Subsec. (b). Pub. L. 102–573, § 902(3)(B), redesignated subsec. (c) as (b). Prior to amendment, no subsec. (b) had been enacted.

Subsec. (c). Pub. L. 102–573, §§ 217(b)(4)(A), 902(3)(B), redesignated subsec. (d) as (c) and struck out par. (5) which authorized appropriations of $500,000 for fiscal year 1991 and $1,000,000 for fiscal year 1992 to carry out this subsec. Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 102–573, §§ 217(b)(4)(A), (D), 902(3)(B), redesignated subsec. (e) as (d), substituted “this section” for “this subsection” in par. (3)(B), and struck out par. (6) which authorized appropriations of $500,000 for fiscal year 1991 and $5,000,000 for fiscal year 1992 to carry out this subsec., with certain amounts to be allocated for community education. Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 102–573, § 902(3)(B), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsec. (f). Pub. L. 102–573, §§ 217(b)(4)(A), 902(3)(B), redesignated subsec. (g) as (f) and struck out par. (4) which appropriated $1,200,000 for fiscal year 1992 to carry out this subsec. Former subsec. (f) redesignated (e).

Subsec. (g). Pub. L. 102–573, §§ 217(b)(4)(A), 902(3)(B), redesignated subsec. (h) as (g) and struck out par. (5) which authorized appropriation of $1,000,000 for fiscal year 1992 for purposes of providing training required under this subsec. Former subsec. (g) redesignated (f).

Subsec. (h). Pub. L. 102–573, §§ 217(b)(4)(B), 902(3)(B), redesignated subsec. (i) as (h), struck out par. (1) designation before “The Secretary, acting”, redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, substituted “paragraph (1)” and “paragraph (2)” for “subparagraph (A)” and “subparagraph (B)”, respectively, in closing provisions, and struck out former par. (2) which authorized appropriation of $2,000,000 for fiscal year 1992 to carry out this subsec., to remain available until expended. Former subsec. (h) redesignated (g).

Subsec. (i). Pub. L. 102–573, §§ 217(b)(4)(C), 902(3)(B), redesignated subsec. (j) as (i), struck out par. (1) designation before “Within one year”, and struck out par. (2) which authorized appropriation of $500,000 for fiscal year 1992 to make the assessment required by this subsec. Former subsec. (i) redesignated (h).

Subsec. (j). Pub. L. 102–573, §§ 205(1), 902(3)(B), redesignated subsec. (k) as (j) and substituted “submit to the President, for inclusion in each report required to be transmitted to the Congress under section 1671 of this title, a report” for “submit to the Congress an annual report”. Former subsec. (j) redesignated (i).

Subsec. (k). Pub. L. 102–573, §§ 217(b)(4)(E), 902(3)(B), redesignated subsec. (l) as (k), and in par. (6) substituted “section” for “subsection” in second sentence and struck out first sentence which authorized appropriations of $2,000,000 for fiscal year 1991 and $3,000,000 for fiscal year 1992 to carry out purposes of this subsec. Former subsec. (k) redesignated (j).

Subsecs. (l), (m). Pub. L. 102–573, § 205(2), added subsecs. (l) and (m). Former subsec. (l) redesignated (k).

Statutory Notes and Related Subsidiaries

Statement of Purposes

Pub. L. 101–630, title V, § 503(a), Nov. 28, 1990, 104 Stat. 4556, provided that: “The purposes of this section [enacting this section] are to— authorize and direct the Indian Health Service to develop a comprehensive mental health prevention and treatment program; provide direction and guidance relating to mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence, to those Federal, tribal, State, and local agencies responsible for programs in Indian communities in areas of health care, education, social services, child and family welfare, alcohol and substance abuse, law enforcement, and judicial services; assist Indian tribes to identify services and resources available to address mental illness and dysfunctional and self-destructive behavior; provide authority and opportunities for Indian tribes to develop and implement, and coordinate with, community-based mental health programs which include identification, prevention, education, referral, and treatment services, including through multidisciplinary resource teams; ensure that Indians, as citizens of the United States and of the States in which they reside, have the same access to mental health services to which all such citizens have access; and modify or supplement existing programs and authorities in the areas identified in paragraph (2).”

§1621i. Managed care feasibility study

25 U.S.C. § 1621i

(a)

The Secretary, acting through the Service, shall conduct a study to assess the feasibility of allowing an Indian tribe to purchase, directly or through the Service, managed care coverage for all members of the tribe from—

(1)

a tribally owned and operated managed care plan; or

(2)

a State licensed managed care plan.

(b)

Not later than the date which is 12 months after October 29, 1992, the Secretary shall transmit to the Congress a report containing—

(1)

a detailed description of the study conducted pursuant to this section; and

(2)

a discussion of the findings and conclusions of such study.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 210, as added Pub. L. 102–573, title II, § 206(b), Oct. 29, 1992, 106 Stat. 4549.)

§1621j. California contract health services demonstration program

25 U.S.C. § 1621j

(a)

Establishment— The Secretary shall establish a demonstration program to evaluate the use of a contract care intermediary to improve the accessibility of health services to California Indians.

(b)

Agreement with California Rural Indian Health Board—

(1)

In establishing such program, the Secretary shall enter into an agreement with the California Rural Indian Health Board to reimburse the Board for costs (including reasonable administrative costs) incurred, during the period of the demonstration program, in providing medical treatment under contract to California Indians described in section 1679(b)¹ of this title throughout the California contract health services delivery area described in section 1680 of this title with respect to high-cost contract care cases.

(2)

Not more than 5 percent of the amounts provided to the Board under this section for any fiscal year may be for reimbursement for administrative expenses incurred by the Board during such fiscal year.

(3)

No payment may be made for treatment provided under the demonstration program to the extent payment may be made for such treatment under the Catastrophic Health Emergency Fund described in section 1621a of this title or from amounts appropriated or otherwise made available to the California contract health service delivery area for a fiscal year.

(c)

Advisory board— There is hereby established an advisory board which shall advise the California Rural Indian Health Board in carrying out the demonstration pursuant to this section. The advisory board shall be composed of representatives, selected by the California Rural Indian Health Board, from not less than 8 tribal health programs serving California Indians covered under such demonstration, at least one half of whom are not affiliated with the California Rural Indian Health Board.

(d)

Commencement and termination dates— The demonstration program described in this section shall begin on January 1, 1993, and shall terminate on September 30, 1997.

(e)

Report— Not later than July 1, 1998, the California Rural Indian Health Board shall submit to the Secretary a report on the demonstration program carried out under this section, including a statement of its findings regarding the impact of using a contract care intermediary on—

(1)

access to needed health services;

(2)

waiting periods for receiving such services; and

(3)

the efficient management of high-cost contract care cases.

(f)

“High-cost contract care cases” defined— For the purposes of this section, the term “high-cost contract care cases” means those cases in which the cost of the medical treatment provided to an individual—

(1)

would otherwise be eligible for reimbursement from the Catastrophic Health Emergency Fund established under section 1621a of this title, except that the cost of such treatment does not meet the threshold cost requirement established pursuant to section 1621a(b)(2)¹ of this title; and

(2)

exceeds $1,000.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 211, as added Pub. L. 102–573, title II, § 206(c), Oct. 29, 1992, 106 Stat. 4549; amended Pub. L. 104–313, § 2(c), Oct. 19, 1996, 110 Stat. 3822; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

Section 1679 of this title, referred to in subsec. (b)(1), was repealed and a new section 1679 was enacted by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935. Provisions describing California Indians, similar to those that appeared in former section 1679(b) are now contained in new section 1679(a).

Section 1621a of this title, referred to in subsec. (f)(1), was amended generally by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935, and, as so amended, no longer contains a subsec. (b)(2).

Codification

Amendment by Pub. L. 111–148 is based on section 101(b)(3) 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.

Amendments

2010—Subsec. (g). Pub. L. 111–148 struck out subsec. (g) which authorized appropriations for fiscal years 1996 through 2000.

1996—Subsec. (g). Pub. L. 104–313 substituted “1996 through 2000” for “1993, 1994, 1995, 1996, and 1997”.

Statutory Notes and Related Subsidiaries

Termination of Advisory Boards

Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.

§1621k. Coverage of screening mammography

25 U.S.C. § 1621k

The Secretary, through the Service, shall provide for screening mammography (as defined in section 1861(jj) of the Social Security Act [42 U.S.C. 1395x(jj)]) for Indian and urban Indian women 35 years of age or older at a frequency, determined by the Secretary (in consultation with the Director of the National Cancer Institute), appropriate to such women, and under such terms and conditions as are consistent with standards established by the Secretary to assure the safety and accuracy of screening mammography under part B of title XVIII of the Social Security Act [42 U.S.C. 1395j et seq.] and other cancer screenings.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 212, as added Pub. L. 102–573, title II, § 207(a), Oct. 29, 1992, 106 Stat. 4550; amended Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part B of title XVIII of the Act is classified generally to part B (§ 1395j et seq.) of subchapter XVIII of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Codification

Amendment by Pub. L. 111–148 is based on section 128 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.

Amendments

2010—Pub. L. 111–148 inserted “and other cancer screenings” before period at end.

§1621l. Patient travel costs

25 U.S.C. § 1621l

(a)

Definition of qualified escort— In this section, the term “qualified escort” means—

(1)

an adult escort (including a parent, guardian, or other family member) who is required because of the physical or mental condition, or age, of the applicable patient;

(2)

a health professional for the purpose of providing necessary medical care during travel by the applicable patient; or

(3)

other escorts, as the Secretary or applicable Indian Health Program determines to be appropriate.

(b)

Provision of funds— The Secretary, acting through the Service and Tribal Health Programs, is authorized to provide funds for the following patient travel costs, including qualified escorts, associated with receiving health care services provided (either through direct or contract care or through a contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.))¹ under this chapter—

(1)

emergency air transportation and non-emergency air transportation where ground transportation is infeasible;

(2)

transportation by private vehicle (where no other means of transportation is available), specially equipped vehicle, and ambulance; and

(3)

transportation by such other means as may be available and required when air or motor vehicle transportation is not available.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 213, as added Pub. L. 102–573, title II, § 208, Oct. 29, 1992, 106 Stat. 4551; amended Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

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), 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.

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

Codification

Amendment by Pub. L. 111–148 is based on sections 101(c)(2) and 129 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 were enacted into law by section 10221(a) of Pub. L. 111–148.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section directed Secretary to provide funds for patient travel costs for emergency air transportation and nonemergency air transportation where ground transportation was infeasible and authorized appropriations for fiscal years 1993 to 2000.

Pub. L. 111–148 substituted “The Secretary” for “(a) The Secretary” prior to general amendment of section. See above.

§1621m. Epidemiology centers

25 U.S.C. § 1621m

(a)

Establishment of centers—

(1)

In general— The Secretary shall establish an epidemiology center in each Service area to carry out the functions described in subsection (b).

(2)

New centers—

(A)

In general— Subject to subparagraph (B), any new center established after March 23, 2010, may be operated under a grant authorized by subsection (d).

(B)

Requirement— Funding provided in a grant described in subparagraph (A) shall not be divisible.

(3)

Funds not divisible— An epidemiology center established under this subsection shall be subject to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),¹ but the funds for the center shall not be divisible.

(b)

Functions of centers— In consultation with and on the request of Indian tribes, tribal organizations, and urban Indian organizations, each Service area epidemiology center established under this section shall, with respect to the applicable Service area—

(1)

collect data relating to, and monitor progress made toward meeting, each of the health status objectives of the Service, the Indian tribes, tribal organizations, and urban Indian organizations in the Service area;

(2)

evaluate existing delivery systems, data systems, and other systems that impact the improvement of Indian health;

(3)

assist Indian tribes, tribal organizations, and urban Indian organizations in identifying highest-priority health status objectives and the services needed to achieve those objectives, based on epidemiological data;

(4)

make recommendations for the targeting of services needed by the populations served;

(5)

make recommendations to improve health care delivery systems for Indians and urban Indians;

(6)

provide requested technical assistance to Indian tribes, tribal organizations, and urban Indian organizations in the development of local health service priorities and incidence and prevalence rates of disease and other illness in the community; and

(7)

provide disease surveillance and assist Indian tribes, tribal organizations, and urban Indian communities to promote public health.

(c)

Technical assistance— The Director of the Centers for Disease Control and Prevention shall provide technical assistance to the centers in carrying out this section.

(d)

Grants for studies—

(1)

In general— The Secretary may make grants to Indian tribes, tribal organizations, Indian organizations, and eligible intertribal consortia to conduct epidemiological studies of Indian communities.

(2)

Eligible intertribal consortia— An intertribal consortium or Indian organization shall be eligible to receive a grant under this subsection if the intertribal consortium is—

(A)

incorporated for the primary purpose of improving Indian health; and

(B)

representative of the Indian tribes or urban Indian communities residing in the area in which the intertribal consortium is located.

(3)

Applications— An application for a grant under this subsection shall be submitted in such manner and at such time as the Secretary shall prescribe.

(4)

Requirements— An applicant for a grant under this subsection shall—

(A)

demonstrate the technical, administrative, and financial expertise necessary to carry out the functions described in paragraph (5);

(B)

consult and cooperate with providers of related health and social services in order to avoid duplication of existing services; and

(C)

demonstrate cooperation from Indian tribes or urban Indian organizations in the area to be served.

(5)

Use of funds— A grant provided under paragraph (1) may be used—

(A)

to carry out the functions described in subsection (b);

(B)

to provide information to, and consult with, tribal leaders, urban Indian community leaders, and related health staff regarding health care and health service management issues; and

(C)

in collaboration with Indian tribes, tribal organizations, and urban Indian organizations, to provide to the Service information regarding ways to improve the health status of Indians.

(e)

Access to information—

(1)

In general— An epidemiology center operated by a grantee pursuant to a grant awarded under subsection (d) shall be treated as a public health authority (as defined in section 164.501 of title 45, Code of Federal Regulations (or a successor regulation)) for purposes of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 110 Stat. 1936).

(2)

Access to information— The Secretary shall grant to each epidemiology center described in paragraph (1) access to use of the data, data sets, monitoring systems, delivery systems, and other protected health information in the possession of the Secretary.

(3)

Requirement— The activities of an epidemiology center described in paragraph (1) shall be for the purposes of research and for preventing and controlling disease, injury, or disability (as those activities are described in section 164.512 of title 45, Code of Federal Regulations (or a successor regulation)), for purposes of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 110 Stat. 1936).

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 214, as added Pub. L. 102–573, title II, § 210, Oct. 29, 1992, 106 Stat. 4551; amended Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (a)(3), 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.

The Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (e)(1), (3), is Pub. L. 104–191, Aug. 21, 1996, 110 Stat. 1936. For complete classification of this Act to the Code, see Short Title of 1996 Amendments note set out under section 201 of Title 42, The Public Health and Welfare, and Tables.

Codification

Amendment by Pub. L. 111–148 is based on section 130 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.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to establishment and functions of epidemiology centers.

§1621n. Comprehensive school health education programs

25 U.S.C. § 1621n

(a)

Award of grants— The Secretary, acting through the Service and in consultation with the Secretary of the Interior, may award grants to Indian tribes to develop comprehensive school health education programs for children from preschool through grade 12 in schools located on Indian reservations.

(b)

Use of grants— Grants awarded under this section may be used to—

(1)

develop health education curricula;

(2)

train teachers in comprehensive school health education curricula;

(3)

integrate school-based, community-based, and other public and private health promotion efforts;

(4)

encourage healthy, tobacco-free school environments;

(5)

coordinate school-based health programs with existing services and programs available in the community;

(6)

develop school programs on nutrition education, personal health, and fitness;

(7)

develop mental health wellness programs;

(8)

develop chronic disease prevention programs;

(9)

develop substance abuse prevention programs;

(10)

develop accident prevention and safety education programs;

(11)

develop activities for the prevention and control of communicable diseases; and

(12)

develop community and environmental health education programs.

(c)

Assistance— The Secretary shall provide technical assistance to Indian tribes in the development of health education plans, and the dissemination of health education materials and information on existing health programs and resources.

(d)

Criteria for review and approval of applications— The Secretary shall establish criteria for the review and approval of applications for grants made pursuant to this section.

(e)

Report of recipient— Recipients of grants under this section shall submit to the Secretary an annual report on activities undertaken with funds provided under this section. Such reports shall include a statement of—

(1)

the number of preschools, elementary schools, and secondary schools served;

(2)

the number of students served;

(3)

any new curricula established with funds provided under this section;

(4)

the number of teachers trained in the health curricula; and

(5)

the involvement of parents, members of the community, and community health workers in programs established with funds provided under this section.

(f)

Program development—

(1)

The Secretary of the Interior, acting through the Bureau of Indian Affairs and in cooperation with the Secretary, shall develop a comprehensive school health education program for children from preschool through grade 12 in schools operated by the Bureau of Indian Affairs.

(2)

Such program shall include—

(A)

school programs on nutrition education, personal health, and fitness;

(B)

mental health wellness programs;

(C)

chronic disease prevention programs;

(D)

substance abuse prevention programs;

(E)

accident prevention and safety education programs; and

(F)

activities for the prevention and control of communicable diseases.

(3)

The Secretary of the Interior shall—

(A)

provide training to teachers in comprehensive school health education curricula;

(B)

ensure the integration and coordination of school-based programs with existing services and health programs available in the community; and

(C)

encourage healthy, tobacco-free school environments.

(g)

Authorization of appropriations— There are authorized to be appropriated to carry out this section $15,000,000 for fiscal year 1993 and such sums as may be necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 215, as added Pub. L. 102–573, title II, § 211, Oct. 29, 1992, 106 Stat. 4553.)

§1621o. Indian youth grant program

25 U.S.C. § 1621o

(a)

Grants— The Secretary, acting through the Service, is authorized to make grants to Indian tribes, tribal organizations, and urban Indian organizations for innovative mental and physical disease prevention and health promotion and treatment programs for Indian preadolescent and adolescent youths.

(b)

Use of funds—

(1)

Funds made available under this section may be used to—

(A)

develop prevention and treatment programs for Indian youth which promote mental and physical health and incorporate cultural values, community and family involvement, and traditional healers; and

(B)

develop and provide community training and education.

(2)

Funds made available under this section may not be used to provide services described in section 1665g(c) of this title.

(c)

Models for delivery of comprehensive health care services— The Secretary shall—

(1)

disseminate to Indian tribes information regarding models for the delivery of comprehensive health care services to Indian and urban Indian adolescents;

(2)

encourage the implementation of such models; and

(3)

at the request of an Indian tribe, provide technical assistance in the implementation of such models.

(d)

Criteria for review and approval of applications— The Secretary shall establish criteria for the review and approval of applications under this section.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 216, as added Pub. L. 102–573, title II, § 212, Oct. 29, 1992, 106 Stat. 4554; amended Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Amendment by Pub. L. 111–148 is based on sections 101(b)(4) and 131 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 were enacted into law by section 10221(a) of Pub. L. 111–148.

Amendments

2010—Subsec. (b)(2). Pub. L. 111–148 substituted “section 1665g(c) of this title” for “section 1621h(m) of this title”.

Subsec. (e). Pub. L. 111–148 struck out subsec. (e) which authorized appropriations for fiscal years 1993 to 2000.

§1621p. American Indians Into Psychology Program

25 U.S.C. § 1621p

(a)

Grants authorized— The Secretary, acting through the Service, shall make grants of not more than $300,000 to each of 9 colleges and universities for the purpose of developing and maintaining Indian psychology career recruitment programs as a means of encouraging Indians to enter the behavioral health field. These programs shall be located at various locations throughout the country to maximize their availability to Indian students and new programs shall be established in different locations from time to time.

(b)

Quentin N. Burdick program grant— The Secretary shall provide a grant authorized under subsection (a) to develop and maintain a program at the University of North Dakota to be known as the “Quentin N. Burdick American Indians Into Psychology Program”. Such program shall, to the maximum extent feasible, coordinate with the Quentin N. Burdick Indian health programs authorized under section 1616j(b)¹ of this title, the Quentin N. Burdick American Indians Into Nursing Program authorized under section 1616h(e)¹ of this title, and existing university research and communications networks.

(c)

Regulations— The Secretary shall issue regulations pursuant to this chapter for the competitive awarding of grants provided under this section.

(d)

Conditions of grant— Applicants under this section shall agree to provide a program which, at a minimum—

(1)

provides outreach and recruitment for health professions to Indian communities including elementary, secondary, and accredited and accessible community colleges that will be served by the program;

(2)

incorporates a program advisory board comprised of representatives from the tribes and communities that will be served by the program;

(3)

provides summer enrichment programs to expose Indian students to the various fields of psychology through research, clinical, and experimental activities;

(4)

provides stipends to undergraduate and graduate students to pursue a career in psychology;

(5)

develops affiliation agreements with tribal colleges and universities, the Service, university affiliated programs, and other appropriate accredited and accessible entities to enhance the education of Indian students;

(6)

to the maximum extent feasible, uses existing university tutoring, counseling, and student support services; and

(7)

to the maximum extent feasible, employs qualified Indians in the program.

(e)

Active duty service requirement— The active duty service obligation prescribed under section 254m of title 42 shall be met by each graduate who receives a stipend described in subsection (d)(4) that is funded under this section. Such obligation shall be met by service—

(1)

in an Indian health program;

(2)

in a program assisted under subchapter IV; or

(3)

in the private practice of psychology if, as determined by the Secretary, in accordance with guidelines promulgated by the Secretary, such practice is situated in a physician or other health professional shortage area and addresses the health care needs of a substantial number of Indians.

(f)

Authorization of appropriations— There is authorized to be appropriated to carry out this section $2,700,000 for fiscal year 2010 and each fiscal year thereafter.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 217, as added Pub. L. 102–573, title II, § 213, Oct. 29, 1992, 106 Stat. 4555; amended Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

Section 1616j(b) of this title, referred to in subsec. (b), does not authorize the Quentin N. Burdick Indian health programs. For provisions authorizing the Quentin N. Burdick Indian Health Programs, see section 1616g(b) of this title.

Section 1616h(e) of this title, referred to in subsec. (b), does not authorize the Quentin N. Burdick American Indians Into Nursing Program. For provisions authorizing the Quentin N. Burdick American Indians Into Nursing Program, see section 1616e(e) of this title.

This chapter, referred to in subsec. (c), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

Codification

Amendment by Pub. L. 111–148 is based on section 132 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.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section authorized Secretary to provide grants to at least 3 colleges and universities for purpose of developing and maintaining American Indian psychology career recruitment programs to encourage Indians to enter mental health field.

§1621q. Prevention, control, and elimination of communicable and infectious diseases

25 U.S.C. § 1621q

(a)

Grants authorized— The Secretary, acting through the Service, and after consultation with the Centers for Disease Control and Prevention, may make grants available to Indian tribes and tribal organizations for the following:

(1)

Projects for the prevention, control, and elimination of communicable and infectious diseases, including tuberculosis, hepatitis, HIV, respiratory syncytial virus, hanta virus, sexually transmitted diseases, and H. pylori.

(2)

Public information and education programs for the prevention, control, and elimination of communicable and infectious diseases.

(3)

Education, training, and clinical skills improvement activities in the prevention, control, and elimination of communicable and infectious diseases for health professionals, including allied health professionals.

(4)

Demonstration projects for the screening, treatment, and prevention of hepatitis C virus (HCV).

(b)

Application required— The Secretary may provide funding under subsection (a) only if an application or proposal for funding is submitted to the Secretary.

(c)

Coordination with health agencies— Indian tribes and tribal organizations receiving funding under this section are encouraged to coordinate their activities with the Centers for Disease Control and Prevention and State and local health agencies.

(d)

Technical assistance; report— In carrying out this section, the Secretary—

(1)

may, at the request of an Indian tribe or tribal organization, provide technical assistance; and

(2)

shall prepare and submit a report to Congress biennially on the use of funds under this section and on the progress made toward the prevention, control, and elimination of communicable and infectious diseases among Indians and urban Indians.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 218, as added Pub. L. 102–573, title II, § 214, Oct. 29, 1992, 106 Stat. 4556; amended Pub. L. 103–437, § 10(e)(1), (2)(B), Nov. 2, 1994, 108 Stat. 4589; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Amendment by Pub. L. 111–148 is based on section 133 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.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to grants to Indian tribes and tribal organizations for prevention, control, and elimination of tuberculosis.

1994—Subsec. (d)(4). Pub. L. 103–437 substituted “Committee on Indian” for “Select Committee on Indian” and “Natural Resources” for “Interior and Insular Affairs”.

Statutory Notes and Related Subsidiaries

Coverage of Testing for COVID–19 at No Cost Sharing for Indians Receiving Purchased/Referred Care

Pub. L. 116–127, div. F, § 6007, Mar. 18, 2020, 134 Stat. 208, provided that: “The Secretary of Health and Human Services shall cover, without the imposition of any cost sharing requirements, the cost of providing any COVID–19 related items and services as described in paragraph (1) of section 6001(a) [of Pub. L. 116–127, 42 U.S.C. 1320b–5 note] (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 320b–5(g) [1320b–5(g)]) beginning on or after the date of the enactment of this Act [Mar. 18, 2020] to Indians (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) receiving health services through the Indian Health Service, including through an Urban Indian Organization, regardless of whether such items or services have been authorized under the purchased/referred care system funded by the Indian Health Service or is covered as a health service of the Indian Health Service.”

§1621r. Contract health services payment study

25 U.S.C. § 1621r

(a)

Duty of Secretary— The Secretary, acting through the Service and in consultation with representatives of Indian tribes and tribal organizations operating contract health care programs under the Indian Self-Determination Act (25 U.S.C. 450f et seq.)¹ or under self-governance compacts, Service personnel, private contract health services providers, the Indian Health Service Fiscal Intermediary, and other appropriate experts, shall conduct a study—

(1)

to assess and identify administrative barriers that hinder the timely payment for services delivered by private contract health services providers to individual Indians by the Service and the Indian Health Service Fiscal Intermediary;

(2)

to assess and identify the impact of such delayed payments upon the personal credit histories of individual Indians who have been treated by such providers; and

(3)

to determine the most efficient and effective means of improving the Service’s contract health services payment system and ensuring the development of appropriate consumer protection policies to protect individual Indians who receive authorized services from private contract health services providers from billing and collection practices, including the development of materials and programs explaining patients’ rights and responsibilities.

(b)

Functions of study— The study required by subsection (a) shall—

(1)

assess the impact of the existing contract health services regulations and policies upon the ability of the Service and the Indian Health Service Fiscal Intermediary to process, on a timely and efficient basis, the payment of bills submitted by private contract health services providers;

(2)

assess the financial and any other burdens imposed upon individual Indians and private contract health services providers by delayed payments;

(3)

survey the policies and practices of collection agencies used by contract health services providers to collect payments for services rendered to individual Indians;

(4)

identify appropriate changes in Federal policies, administrative procedures, and regulations, to eliminate the problems experienced by private contract health services providers and individual Indians as a result of delayed payments; and

(5)

compare the Service’s payment processing requirements with private insurance claims processing requirements to evaluate the systemic differences or similarities employed by the Service and private insurers.

(c)

Report to Congress— Not later than 12 months after October 29, 1992, the Secretary shall transmit to the Congress a report that includes—

(1)

a detailed description of the study conducted pursuant to this section; and

(2)

a discussion of the findings and conclusions of such study.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 219, as added Pub. L. 102–573, title II, § 215, Oct. 29, 1992, 106 Stat. 4557.)

Editorial Notes

References in Text

The Indian Self-Determination Act (25 U.S.C. 450f et seq.), referred to in subsec. (a), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which was classified principally to part A (§ 450f et seq.) of subchapter II of chapter 14 of this title prior to editorial reclassification as subchapter I (§ 5321 et seq.) of chapter 46 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.

§1621s. Prompt action on payment of claims

25 U.S.C. § 1621s

(a)

Time of response— The Service shall respond to a notification of a claim by a provider of a contract care service with either an individual purchase order or a denial of the claim within 5 working days after the receipt of such notification.

(b)

Failure to timely respond— If the Service fails to respond to a notification of a claim in accordance with subsection (a), the Service shall accept as valid the claim submitted by the provider of a contract care service.

(c)

Time of payment— The Service shall pay a completed contract care service claim within 30 days after completion of the claim.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 220, as added Pub. L. 102–573, title II, § 215, Oct. 29, 1992, 106 Stat. 4558.)

§1621t. Licensing

25 U.S.C. § 1621t

Licensed health professionals employed by a tribal health program shall be exempt, if licensed in any State, from the licensing requirements of the State in which the tribal health program performs the services described in the contract or compact of the tribal health program under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).¹

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 221, as added Pub. L. 102–573, title II, § 215, Oct. 29, 1992, 106 Stat. 4559; amended Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in text, 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

Amendment by Pub. L. 111–148 is based on section 134(a) 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.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to demonstration of electronic claims processing.

§1621u. Liability for payment

25 U.S.C. § 1621u

(a)

No patient liability— A patient who receives contract health care services that are authorized by the Service shall not be liable for the payment of any charges or costs associated with the provision of such services.

(b)

Notification— The Secretary shall notify a contract care provider and any patient who receives contract health care services authorized by the Service that such patient is not liable for the payment of any charges or costs associated with the provision of such services not later than 5 business days after receipt of a notification of a claim by a provider of contract care services.

(c)

No recourse— Following receipt of the notice provided under subsection (b), or, if a claim has been deemed accepted under section 1621s(b) of this title, the provider shall have no further recourse against the patient who received the services.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 222, as added Pub. L. 102–573, title II, § 215, Oct. 29, 1992, 106 Stat. 4559; amended Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Amendment by Pub. L. 111–148 is based on section 135 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.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to absence of patient liability for payment of charges or costs for contract health care services and requirement that Secretary notify contract care provider and patient of absence of patient’s liability.

Statutory Notes and Related Subsidiaries

Rule of Construction

Pub. L. 116–260, div. BB, title I, § 102(d)(3), Dec. 27, 2020, 134 Stat. 2797, provided that: “Nothing in this title [probably means “this section”, enacting sections 9816 and 9822 of Title 26, Internal Revenue Code, sections 1185e and 1185k of Title 29, Labor, and sections 300gg–111 and 300gg–117 of Title 42, The Public Health and Welfare, amending section 8902 of Title 5, Government Organization and Employees, section 223 of Title 26, and sections 300gg–19a, 300gg–21, 300gg–22, 300gg–23, and 18011 of Title 42, and enacting provisions set out as notes under section 8902 of Title 5 and section 223 of Title 26], including the amendments made by this title [probably means “this section”] may be construed as modifying, reducing, or eliminating— the protections under section 222 of the Indian Health Care Improvement Act (25 U.S.C. 1621u) and under subpart I of part 136 of title 42, Code of Federal Regulations (or any successor regulation), against payment liability for a patient who receives contract health services that are authorized by the Indian Health Service; or the requirements under section 1866(a)(1)(U) of the Social Security Act (42 U.S.C. 1395cc(a)(1)(U)).”

§1621v. Offices of Indian Men’s Health and Indian Women’s Health

25 U.S.C. § 1621v

(a)

Office of Indian Men’s Health—

(1)

Establishment— The Secretary may establish within the Service an office, to be known as the “Office of Indian Men’s Health”.

(2)

Director—

(A)

In general— The Office of Indian Men’s Health shall be headed by a director, to be appointed by the Secretary.

(B)

Duties— The director shall coordinate and promote the health status of Indian men in the United States.

(3)

Report— Not later than 2 years after March 23, 2010, the Secretary, acting through the Service, shall submit to Congress a report describing—

(A)

any activity carried out by the director as of the date on which the report is prepared; and

(B)

any finding of the director with respect to the health of Indian men.

(b)

Office of Indian Women’s Health— The Secretary, acting through the Service, shall establish an office, to be known as the “Office of Indian Women’s Health”, to monitor and improve the quality of health care for Indian women (including urban Indian women) of all ages through the planning and delivery of programs administered by the Service, in order to improve and enhance the treatment models of care for Indian women.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 223, as added Pub. L. 102–573, title II, § 216, Oct. 29, 1992, 106 Stat. 4559; amended Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Amendment by Pub. L. 111–148 is based on section 136 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.

Amendments

2010—Pub. L. 111–148 substituted “Offices of Indian Men’s Health and Indian Women’s Health” for “Office of Indian Women’s Health Care” in section catchline, added subsec. (a), designated existing provisions as subsec. (b), inserted subsec. (b) heading, substituted “The Secretary, acting through the Service, shall establish an office, to be known as the ‘Office of Indian Women’s Health’, to” for “There is established within the Service an Office of Indian Women’s Health Care to oversee efforts of the Service to”, and inserted “(including urban Indian women)” before “of all ages”.

[§1621w. Repealed. Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935 — repealed]

25 U.S.C. § 1621w

Notes, amendments, and revision history

Section, Pub. L. 94–437, title II, § 224, as added Pub. L. 102–573, title II, § 217(a), Oct. 29, 1992, 106 Stat. 4559, authorized appropriations to carry out this subchapter through fiscal year 2000.

The repeal is based on section 101(b)(5) 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.

§1621x. Limitation on use of funds

25 U.S.C. § 1621x

Amounts appropriated to carry out this subchapter may not be used in a manner inconsistent with the Assisted Suicide Funding Restriction Act of 1997 [42 U.S.C. 14401 et seq.].

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 225, as added Pub. L. 105–12, § 9(f), Apr. 30, 1997, 111 Stat. 27.)

Editorial Notes

References in Text

The Assisted Suicide Funding Restriction Act of 1997, referred to in text, is Pub. L. 105–12, Apr. 30, 1997, 111 Stat. 23, which is classified principally to chapter 138 (§ 14401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 14401 of Title 42 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Apr. 30, 1997, and applicable to Federal payments made pursuant to obligations incurred after Apr. 30, 1997, for items and services provided on or after such date, subject to also being applicable with respect to contracts entered into, renewed, or extended after Apr. 30, 1997, as well as contracts entered into before Apr. 30, 1997, to the extent permitted under such contracts, see section 11 of Pub. L. 105–12, set out as a note under section 14401 of Title 42, The Public Health and Welfare.

§1621y. Contract health service administration and disbursement formula

25 U.S.C. § 1621y

(a)

Submission of report— As soon as practicable after March 23, 2010, the Comptroller General of the United States shall submit to the Secretary, the Committee on Indian Affairs of the Senate, and the Committee on Natural Resources of the House of Representatives, and make available to each Indian tribe, a report describing the results of the study of the Comptroller General regarding the funding of the contract health service program (including historic funding levels and a recommendation of the funding level needed for the program) and the administration of the contract health service program (including the distribution of funds pursuant to the program), as requested by Congress in March 2009, or pursuant to section 1680t of this title.

(b)

Consultation with tribes— On receipt of the report under subsection (a), the Secretary shall consult with Indian tribes regarding the contract health service program, including the distribution of funds pursuant to the program—

(1)

to determine whether the current distribution formula would require modification if the contract health service program were funded at the level recommended by the Comptroller General;

(2)

to identify any inequities in the current distribution formula under the current funding level or inequitable results for any Indian tribe under the funding level recommended by the Comptroller General;

(3)

to identify any areas of program administration that may result in the inefficient or ineffective management of the program; and

(4)

to identify any other issues and recommendations to improve the administration of the contract health services program and correct any unfair results or funding disparities identified under paragraph (2).

(c)

Subsequent action by Secretary— If, after consultation with Indian tribes under subsection (b), the Secretary determines that any issue described in subsection (b)(2) exists, the Secretary may initiate procedures under subchapter III of chapter 5 of title 5 to negotiate or promulgate regulations to establish a disbursement formula for the contract health service program funding.

Notes, amendments, and revision history

(Pub. L. 94–437, title II, § 226, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 226 of Pub. L. 94–437 is based on section 137 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.

[§1622. Transferred — transferred]

25 U.S.C. § 1622

Notes, amendments, and revision history

Editorial Notes

Codification

Section, Pub. L. 94–437, title IV, § 404, as added Pub. L. 96–537, § 6, Dec. 17, 1980, 94 Stat. 3176, which related to grants to and contracts with tribal organizations, was transferred to section 1644 of this title.

§1623. Special rules relating to Indians

25 U.S.C. § 1623

(a)

No Cost-sharing for Indians with income at or below 300 percent of poverty enrolled in coverage through a State Exchange— For provisions prohibiting cost sharing for Indians enrolled in any qualified health plan in the individual market through an Exchange, see section 18071(d) of title 42.

(b)

Payer of last resort— Health programs operated by the Indian Health Service, Indian tribes, tribal organizations, and Urban Indian organizations (as those terms are defined in section 1603 of this title) shall be the payer of last resort for services provided by such Service, tribes, or organizations to individuals eligible for services through such programs, notwithstanding any Federal, State, or local law to the contrary.

Notes, amendments, and revision history

(Pub. L. 111–148, title II, § 2901(a), (b), Mar. 23, 2010, 124 Stat. 333.)

Editorial Notes

Codification

Section is comprised of subsecs. (a) and (b) of section 2901 of Pub. L. 111–148. Subsections (c) and (d) of section 2901 amended sections 1396a and 1320b–9, respectively, of Title 42, The Public Health and Welfare.

Section was enacted as part of the Patient Protection and Affordable Care Act, and not as part of the Indian Health Care Improvement Act which comprises this chapter.

§1631. Consultation; closure of facilities; reports

25 U.S.C. § 1631

(a)

Consultation; standards for accreditation— Prior to the expenditure of, or the making of any firm commitment to expend, any funds appropriated for the planning, design, construction, or renovation of facilities pursuant to section 13 of this title, the Secretary, acting through the Service, shall—

(1)

consult with any Indian tribe that would be significantly affected by such expenditure for the purpose of determining and, whenever practicable, honoring tribal preferences concerning size, location, type, and other characteristics of any facility on which such expenditure is to be made, and

(2)

ensure, whenever practicable, that such facility meets the standards of the Joint Commission on Accreditation of Health Care Organizations by not later than 1 year after the date on which the construction or renovation of such facility is completed.

(b)

Closure; report on proposed closure—

(1)

Notwithstanding any provision of law other than this subsection, no Service hospital or outpatient health care facility of the Service, or any portion of such a hospital or facility, may be closed if the Secretary has not submitted to the Congress at least 1 year prior to the date such hospital or facility (or portion thereof) is proposed to be closed an evaluation of the impact of such proposed closure which specifies, in addition to other considerations—

(A)

the accessibility of alternative health care resources for the population served by such hospital or facility;

(B)

the cost effectiveness of such closure;

(C)

the quality of health care to be provided to the population served by such hospital or facility after such closure;

(D)

the availability of contract health care funds to maintain existing levels of service;

(E)

the views of the Indian tribes served by such hospital or facility concerning such closure;

(F)

the level of utilization of such hospital or facility by all eligible Indians; and

(G)

the distance between such hospital or facility and the nearest operating Service hospital.

(2)

Paragraph (1) shall not apply to any temporary closure of a facility or of any portion of a facility if such closure is necessary for medical, environmental, or safety reasons.

(c)

Health care facility priority system—

(1)

In general—

(A)

Priority system— The Secretary, acting through the Service, shall maintain a health care facility priority system, which—

(i)

shall be developed in consultation with Indian tribes and tribal organizations;

(ii)

shall give Indian tribes’ needs the highest priority;

(iii)

(I)

may include the lists required in paragraph (2)(B)(ii); and

(II)

shall include the methodology required in paragraph (2)(B)(v); and

(III)

may include such health care facilities, and such renovation or expansion needs of any health care facility, as the Service may identify; and

(iv)

shall provide an opportunity for the nomination of planning, design, and construction projects by the Service, Indian tribes, and tribal organizations for consideration under the priority system at least once every 3 years, or more frequently as the Secretary determines to be appropriate.

(B)

Needs of facilities under ISDEAA agreements— The Secretary shall ensure that the planning, design, construction, renovation, and expansion needs of Service and non-Service facilities operated under contracts or compacts in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)¹ are fully and equitably integrated into the health care facility priority system.

(C)

Criteria for evaluating needs— For purposes of this subsection, the Secretary, in evaluating the needs of facilities operated under a contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),¹ shall use the criteria used by the Secretary in evaluating the needs of facilities operated directly by the Service.

(D)

Priority of certain projects protected— The priority of any project established under the construction priority system in effect on March 23, 2010, shall not be affected by any change in the construction priority system taking place after that date if the project—

(i)

was identified in the fiscal year 2008 Service budget justification as—

(I)

1 of the 10 top-priority inpatient projects;

(II)

1 of the 10 top-priority outpatient projects;

(III)

1 of the 10 top-priority staff quarters developments; or

(IV)

1 of the 10 top-priority Youth Regional Treatment Centers;

(ii)

had completed both Phase I and Phase II of the construction priority system in effect on March 23, 2010; or

(iii)

is not included in clause (i) or (ii) and is selected, as determined by the Secretary—

(I)

on the initiative of the Secretary; or

(II)

pursuant to a request of an Indian tribe or tribal organization.

(2)

Report; contents—

(A)

Initial comprehensive report—

(i)

Definitions— In this subparagraph:

(I)

Facilities Appropriation Advisory Board— The term “Facilities Appropriation Advisory Board” means the advisory board, comprised of 12 members representing Indian tribes and 2 members representing the Service, established at the discretion of the Director—

(aa)

to provide advice and recommendations for policies and procedures of the programs funded pursuant to facilities appropriations; and

(bb)

to address other facilities issues.

(II)

Facilities Needs Assessment Workgroup— The term “Facilities Needs Assessment Workgroup” means the workgroup established at the discretion of the Director—

(aa)

to review the health care facilities construction priority system; and

(bb)

to make recommendations to the Facilities Appropriation Advisory Board for revising the priority system.

(ii)

Initial report—

(I)

In general— Not later than 1 year after March 23, 2010, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the comprehensive, national, ranked list of all health care facilities needs for the Service, Indian tribes, and tribal organizations (including inpatient health care facilities, outpatient health care facilities, specialized health care facilities (such as for long-term care and alcohol and drug abuse treatment), wellness centers, and staff quarters, and the renovation and expansion needs, if any, of such facilities) developed by the Service, Indian tribes, and tribal organizations for the Facilities Needs Assessment Workgroup and the Facilities Appropriation Advisory Board.

(II)

Inclusions— The initial report shall include—

(aa)

the methodology and criteria used by the Service in determining the needs and establishing the ranking of the facilities needs; and

(bb)

such other information as the Secretary determines to be appropriate.

(iii)

Updates of report— Beginning in calendar year 2011, the Secretary shall—

(I)

update the report under clause (ii) not less frequently that once every 5 years; and

(II)

include the updated report in the appropriate annual report under subparagraph (B) for submission to Congress under section 1671 of this title.

(B)

Annual reports— The Secretary shall submit to the President, for inclusion in the report required to be transmitted to Congress under section 1671 of this title, a report which sets forth the following:

(i)

A description of the health care facility priority system of the Service established under paragraph (1).

(ii)

Health care facilities lists, which may include—

(I)

the 10 top-priority inpatient health care facilities;

(II)

the 10 top-priority outpatient health care facilities;

(III)

the 10 top-priority specialized health care facilities (such as long-term care and alcohol and drug abuse treatment); and

(IV)

the 10 top-priority staff quarters developments associated with health care facilities.

(iii)

The justification for such order of priority.

(iv)

The projected cost of such projects.

(v)

The methodology adopted by the Service in establishing priorities under its health care facility priority system.

(3)

Requirements for preparation of reports— In preparing the report required under paragraph (2), the Secretary shall—

(A)

consult with and obtain information on all health care facilities needs from Indian tribes and tribal organizations; and

(B)

review the total unmet needs of all Indian tribes and tribal organizations for health care facilities (including staff quarters), including needs for renovation and expansion of existing facilities.

(d)

Review of methodology used for health facilities construction priority system—

(1)

In general— Not later than 1 year after the establishment of the priority system under subsection (c)(1)(A), the Comptroller General of the United States shall prepare and finalize a report reviewing the methodologies applied, and the processes followed, by the Service in making each assessment of needs for the list under subsection (c)(2)(A)(ii) and developing the priority system under subsection (c)(1), including a review of—

(A)

the recommendations of the Facilities Appropriation Advisory Board and the Facilities Needs Assessment Workgroup (as those terms are defined in subsection (c)(2)(A)(i)); and

(B)

the relevant criteria used in ranking or prioritizing facilities other than hospitals or clinics.

(2)

Submission to Congress— The Comptroller General of the United States shall submit the report under paragraph (1) to—

(A)

the Committees on Indian Affairs and Appropriations of the Senate;

(B)

the Committees on Natural Resources and Appropriations of the House of Representatives; and

(C)

the Secretary.

(e)

Funding condition— All funds appropriated under section 13 of this title, for the planning, design, construction, or renovation of health facilities for the benefit of 1 or more Indian Tribes shall be subject to the provisions of section 102 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450f)¹ or sections 504 and 505 of that Act (25 U.S.C. 458aaa–3, 458aaa–4).¹

(f)

Development of innovative approaches— The Secretary shall consult and cooperate with Indian tribes and tribal organizations, and confer with urban Indian organizations, in developing innovative approaches to address all or part of the total unmet need for construction of health facilities, that may include—

(1)

the establishment of an area distribution fund in which a portion of health facility construction funding could be devoted to all Service areas;

(2)

approaches provided for in other provisions of this subchapter; and

(3)

other approaches, as the Secretary determines to be appropriate.

(h)

² Funds appropriated subject to section 5321 of this title— All funds appropriated under section 13 of this title for the planning, design, construction, or renovation of health facilities for the benefit of an Indian tribe or tribes shall be subject to the provisions of section 102 of the Indian Self-Determination Act [25 U.S.C. 5321].

(g)

³ Priority of certain projects protected— The priority of any project established under the construction priority system in effect on March 23, 2010, shall not be affected by any change in the construction priority system taking place after that date if the project—

(1)

was identified in the fiscal year 2008 Service budget justification as—

(A)

1 of the 10 top-priority inpatient projects;

(B)

1 of the 10 top-priority outpatient projects;

(C)

1 of the 10 top-priority staff quarters developments; or

(D)

1 of the 10 top-priority Youth Regional Treatment Centers;

(2)

had completed both Phase I and Phase II of the construction priority system in effect on March 23, 2010; or

(3)

is not included in clause (i) or (ii)⁴ and is selected, as determined by the Secretary—

(A)

on the initiative of the Secretary; or

(B)

pursuant to a request of an Indian tribe or tribal organization.

Footnotes

1 See References in Text note below.
2 So in original. Subsec. (g) is set out below.
3 So in original. Subsec. (h) is set out above.
4 So in original. Probably should be “paragraph (1) or (2)”.

Notes, amendments, and revision history

(Pub. L. 94–437, title III, § 301, Sept. 30, 1976, 90 Stat. 1406; Pub. L. 100–713, title III, § 301, Nov. 23, 1988, 102 Stat. 4812; Pub. L. 102–573, title III, § 301, title IX, § 902(4)(B), Oct. 29, 1992, 106 Stat. 4560, 4591; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in subsecs. (c)(1)(B), (C), (e), and (h), 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. Sections 102, 504, and 505 of the Act were classified to sections 450f, 458aaa–3, and 458aaa–4 of this title prior to editorial reclassification as sections 5321, 5384, and 5385, respectively, 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

Amendment by Pub. L. 111–148 is based on sections 141 and 142 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 were enacted into law by section 10221(a) of Pub. L. 111–148.

Amendments

2010—Pub. L. 111–148 added subsecs. (c) to (f), redesignated former subsec. (d) as (h), added subsec. (g) at end, and struck out former subsec. (c) which related to annual report on health facility priority system.

1992—Subsec. (a)(2). Pub. L. 102–573, § 301(1), substituted “Health Care Organizations” for “Hospitals”.

Subsec. (b)(1). Pub. L. 102–573, § 301(2), struck out “other” before “outpatient health care facility” in introductory provisions and added subpars. (F) and (G).

Subsec. (c). Pub. L. 102–573, § 301(3), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “The President shall include with the budget submitted under section 1105 of title 31, for each of the fiscal years 1990, 1991, and 1992, program information documents for the construction of 10 Indian health facilities which—

“(1) comply with applicable construction standards, and

“(2) have been approved by the Secretary.”

Subsec. (c)(1). Pub. L. 102–573, § 301(4), amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “The Secretary shall submit to the Congress an annual report which sets forth—”.

Subsec. (c)(2) to (5). Pub. L. 102–573, § 301(5), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: “The first report required under paragraph (1) shall be submitted by no later than the date that is 180 days after November 23, 1988, and, beginning in 1990, each subsequent annual report shall be submitted by the date that is 60 days after the date on which the President submits the budget to the Congress under section 1105 of title 31.”

Subsecs. (d), (e). Pub. L. 102–573, §§ 301(3), 902(4)(B), redesignated subsec. (e) as (d) and substituted “section 102 of the Indian Self-Determination Act” for “sections 102 and 103(b) of the Indian Self-Determination Act”. Former subsec. (d) redesignated (c).

1988—Pub. L. 100–713 amended section generally, substituting subsecs. (a) to (e) relating to consultation, closure of facilities, and reports for former subsecs. (a) to (c) relating to construction and renovation of Service facilities.

§1632. Safe water and sanitary waste disposal facilities

25 U.S.C. § 1632

(a)

Congressional findings— The Congress hereby finds and declares that—

(1)

the provision of safe water supply systems and sanitary sewage and solid waste disposal systems is primarily a health consideration and function;

(2)

Indian people suffer an inordinately high incidence of disease, injury, and illness directly attributable to the absence or inadequacy of such systems;

(3)

the long-term cost to the United States of treating and curing such disease, injury, and illness is substantially greater than the short-term cost of providing such systems and other preventive health measures;

(4)

many Indian homes and communities still lack safe water supply systems and sanitary sewage and solid waste disposal systems; and

(5)

it is in the interest of the United States, and it is the policy of the United States, that all Indian communities and Indian homes, new and existing, be provided with safe and adequate water supply systems and sanitary sewage waste disposal systems as soon as possible.

(b)

Authority; assistance; transfer of funds—

(1)

In furtherance of the findings and declarations made in subsection (a), Congress reaffirms the primary responsibility and authority of the Service to provide the necessary sanitation facilities and services as provided in section 2004a of title 42.

(2)

The Secretary, acting through the Service, is authorized to provide under section 2004a of title 42—

(A)

financial and technical assistance to Indian tribes and communities in the establishment, training, and equipping of utility organizations to operate and maintain Indian sanitation facilities;

(B)

ongoing technical assistance and training in the management of utility organizations which operate and maintain sanitation facilities; and

(C)

operation and maintenance assistance for, and emergency repairs to, tribal sanitation facilities when necessary to avoid a health hazard or to protect the Federal investment in sanitation facilities.

(3)

Notwithstanding any other provision of law—

(A)

the Secretary of Housing and Urban Affairs is authorized to transfer funds appropriated under the Housing and Community Development Act of 1974 (42 U.S.C. 5301, et seq.) to the Secretary of Health and Human Services, and

(B)

the Secretary of Health and Human Services is authorized to accept and use such funds for the purpose of providing sanitation facilities and services for Indians under section 2004a of title 42.

(c)

10-year plan— Beginning in fiscal year 1990, the Secretary, acting through the Service, shall develop and begin implementation of a 10-year plan to provide safe water supply and sanitation sewage and solid waste disposal facilities to existing Indian homes and communities and to new and renovated Indian homes.

(d)

Tribal capability— The financial and technical capability of an Indian tribe or community to safely operate and maintain a sanitation facility shall not be a prerequisite to the provision or construction of sanitation facilities by the Secretary.

(e)

Amount of assistance—

(1)

The Secretary is authorized to provide financial assistance to Indian tribes and communities in an amount equal to the Federal share of the costs of operating, managing, and maintaining the facilities provided under the plan described in subsection (c).

(2)

For the purposes of paragraph (1), the term “Federal share” means 80 percent of the costs described in paragraph (1).

(3)

With respect to Indian tribes with fewer than 1,000 enrolled members, the non-Federal portion of the costs of operating, managing, and maintaining such facilities may be provided, in part, through cash donations or in kind property, fairly evaluated.

(f)

Eligibility of programs administered by Indian tribes— Programs administered by Indian tribes or tribal organizations under the authority of the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] shall be eligible for—

(1)

any funds appropriated pursuant to this section, and

(2)

any funds appropriated for the purpose of providing water supply or sewage disposal services,

on an equal basis with programs that are administered directly by the Service.

(g)

Annual report; sanitation deficiency levels—

(1)

The Secretary shall submit to the President, for inclusion in each report required to be transmitted to the Congress under section 1671 of this title, a report which sets forth—

(A)

the current Indian sanitation facility priority system of the Service;

(B)

the methodology for determining sanitation deficiencies;

(C)

the level of sanitation deficiency for each sanitation facilities project of each Indian tribe or community;

(D)

the amount of funds necessary to raise all Indian tribes and communities to a level I sanitation deficiency; and

(E)

the amount of funds necessary to raise all Indian tribes and communities to zero sanitation deficiency.

(2)

In preparing each report required under paragraph (1) (other than the initial report), the Secretary shall consult with Indian tribes and tribal organizations (including those tribes or tribal organizations operating health care programs or facilities under any contract entered into with the Service under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.]) to determine the sanitation needs of each tribe.

(3)

The methodology used by the Secretary in determining sanitation deficiencies for purposes of paragraph (1) shall be applied uniformly to all Indian tribes and communities.

(4)

For purposes of this subsection, the sanitation deficiency levels for an Indian tribe or community are as follows:

(A)

level I is an Indian tribe or community with a sanitation system—

(i)

which complies with all applicable water supply and pollution control laws, and

(ii)

in which the deficiencies relate to routine replacement, repair, or maintenance needs;

(B)

level II is an Indian tribe or community with a sanitation system—

(i)

which complies with all applicable water supply and pollution control laws, and

(ii)

in which the deficiencies relate to capital improvements that are necessary to improve the facilities in order to meet the needs of such tribe or community for domestic sanitation facilities;

(C)

level III is an Indian tribe or community with a sanitation system which—

(i)

has an inadequate or partial water supply and a sewage disposal facility that does not comply with applicable water supply and pollution control laws, or

(ii)

has no solid waste disposal facility;

(D)

level IV is an Indian tribe or community with a sanitation system which lacks either a safe water supply system or a sewage disposal system; and

(E)

level V is an Indian tribe or community that lacks a safe water supply and a sewage disposal system.

(5)

For purposes of this subsection, any Indian tribe or community that lacks the operation and maintenance capability to enable its sanitation system to meet pollution control laws may not be treated as having a level I or II sanitation deficiency.

Notes, amendments, and revision history

(Pub. L. 94–437, title III, § 302, Sept. 30, 1976, 90 Stat. 1407; Pub. L. 100–713, title III, § 302, Nov. 23, 1988, 102 Stat. 4814; Pub. L. 102–573, title III, §§ 302, 307(b)(1), Oct. 29, 1992, 106 Stat. 4560, 4564.)

Editorial Notes

References in Text

The Housing and Community Development Act of 1974, referred to in subsec. (b)(3)(A), is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 42, The Public Health and Welfare, and Tables.

The Indian Self-Determination Act, referred to in subsecs. (f) and (g)(2), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 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.

Amendments

1992—Subsec. (e). Pub. L. 102–573, § 302(1), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The provisions of this section shall not diminish the primary responsibility of the Indian family, community, or tribe to establish, collect, and utilize reasonable user fees, or otherwise set aside funding, for the purpose of operating and maintaining sanitation facilities.”

Subsec. (f)(1). Pub. L. 102–573, § 302(2), substituted “this section” for “subsection (h)”.

Subsec. (g)(1). Pub. L. 102–573, § 302(3)(A), substituted “The Secretary shall submit to the President, for inclusion in each report required to be transmitted to the Congress under section 1671 of this title, a report” for “The Secretary shall submit to the Congress an annual report”.

Subsec. (g)(2) to (6). Pub. L. 102–573, § 302(3)(B), redesignated pars. (3) to (6) as (2) to (5), respectively, and struck out former par. (2) which read as follows: “The first report required under paragraph (1) shall be submitted by no later than the date that is 180 days after November 23, 1988, and, beginning in 1990, each subsequent annual report shall be submitted by the date that is 60 days after the date on which the President submits the budget to the Congress under section 1105 of title 31.”

Subsec. (h). Pub. L. 102–573, § 307(b)(1), struck out subsec. (h) which authorized appropriations to carry out subsec. (b)(2) for fiscal years 1990 to 1992.

1988—Pub. L. 100–713 amended section generally, substituting subsecs. (a) to (h) relating to safe water and sanitary waste disposal facilities for former subsecs. (a) to (c) relating to construction of safe water and sanitary waste disposal facilities.

§1633. Preferences to Indians and Indian firms

25 U.S.C. § 1633

(a)

Discretionary authority; covered activities— The Secretary, acting through the Service, may utilize the negotiating authority of section 47 of this title, to give preference to any Indian or any enterprise, partnership, corporation, or other type of business organization owned and controlled by an Indian or Indians including former or currently federally recognized Indian tribes in the State of New York (hereinafter referred to as an “Indian firm”) in the construction and renovation of Service facilities pursuant to section 1631 of this title and in the construction of safe water and sanitary waste disposal facilities pursuant to section 1632 of this title. Such preference may be accorded by the Secretary unless he finds, pursuant to rules and regulations promulgated by him, that the project or function to be contracted for will not be satisfactory or such project or function cannot be properly completed or maintained under the proposed contract. The Secretary, in arriving at his finding, shall consider whether the Indian or Indian firm will be deficient with respect to (1) ownership and control by Indians, (2) equipment, (3) bookkeeping and accounting procedures, (4) substantive knowledge of the project or function to be contracted for, (5) adequately trained personnel, or (6) other necessary components of contract performance.

(b)

Pay rates— For the purpose of implementing the provisions of this subchapter, the Secretary shall assure that the rates of pay for personnel engaged in the construction or renovation of facilities constructed or renovated in whole or in part by funds made available pursuant to this subchapter are not less than the prevailing local wage rates for similar work as determined in accordance with sections 3141–3144, 3146, and 3147 of title 40.

Notes, amendments, and revision history

(Pub. L. 94–437, title III, § 303, Sept. 30, 1976, 90 Stat. 1407.)

Editorial Notes

Codification

“Sections 3141–3144, 3146, and 3147 of title 40” substituted in subsec. (b) for “the Act of March 3, 1931 (40 U.S.C. 276a—276a–5, known as the Davis-Bacon Act)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

§1634. Expenditure of non-Service funds for renovation

25 U.S.C. § 1634

(a)

Authority of Secretary—

(1)

Notwithstanding any other provision of law, the Secretary is authorized to accept any major renovation or modernization by any Indian tribe of any Service facility, or of any other Indian health facility operated pursuant to a contract entered into under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.], including—

(A)

any plans or designs for such renovation or modernization; and

(B)

any renovation or modernization for which funds appropriated under any Federal law were lawfully expended,

but only if the requirements of subsection (b) are met.

(2)

The Secretary shall maintain a separate priority list to address the needs of such facilities for personnel or equipment.

(3)

The Secretary shall submit to the President, for inclusion in each report required to be transmitted to the Congress under section 1671 of this title, the priority list maintained pursuant to paragraph (2).

(b)

Requirements— The requirements of this subsection are met with respect to any renovation or modernization if—

(1)

the tribe or tribal organization—

(A)

provides notice to the Secretary of its intent to renovate or modernize; and

(B)

applies to the Secretary to be placed on a separate priority list to address the needs of such new facilities for personnel or equipment; and

(2)

the renovation or modernization—

(A)

is approved by the appropriate area director of the Service; and

(B)

is administered by the tribe in accordance with the rules and regulations prescribed by the Secretary with respect to construction or renovation of Service facilities.

(c)

Recovery for non-use as Service facility— If any Service facility which has been renovated or modernized by an Indian tribe under this section ceases to be used as a Service facility during the 20-year period beginning on the date such renovation or modernization is completed, such Indian tribe shall be entitled to recover from the United States an amount which bears the same ratio to the value of such facility at the time of such cessation as the value of such renovation or modernization (less the total amount of any funds provided specifically for such facility under any Federal program that were expended for such renovation or modernization) bore to the value of such facility at the time of the completion of such renovation or modernization.

Notes, amendments, and revision history

(Pub. L. 94–437, title III, § 305, as added Pub. L. 96–537, § 5, Dec. 17, 1980, 94 Stat. 3175; amended Pub. L. 100–713, title III, § 303(a), Nov. 23, 1988, 102 Stat. 4816; Pub. L. 102–573, title III, § 305, Oct. 29, 1992, 106 Stat. 4563.)

Editorial Notes

References in Text

The Indian Self-Determination Act, referred to in subsec. (a)(1), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 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.

Amendments

1992—Pub. L. 102–573 amended section generally, substituting present provisions for former provisions which related to: in subsec. (a), authority of Secretary; in subsec. (b), requirements; in subsec. (c), higher priority project; and in subsec. (d), recovery for non-use as Service facility.

1988—Pub. L. 100–713 amended section generally, substituting “Expenditure of non-Service funds for renovation” for “Authorization of appropriations” in section catchline and subsecs. (a) to (d) for former single unlettered par.

[§1635. Repealed. Pub. L. 100–713, title III, § 303(b), Nov. 23, 1988, 102 Stat. 4817 — repealed]

25 U.S.C. § 1635

Notes, amendments, and revision history

Section, Pub. L. 98–473, title I, § 101(c) [title II, § 201], Oct. 12, 1984, 98 Stat. 1837, 1865, related to renovation and modernization of facilities.

§1636. Grant program for construction, expansion, and modernization of small ambulatory care facilities

25 U.S.C. § 1636

(a)

Authorization—

(1)

The Secretary, acting through the Service, shall make grants to tribes and tribal organizations for the construction, expansion, or modernization of facilities for the provision of ambulatory care services to eligible Indians (and noneligible persons as provided in subsection (c)(1)(C)). A grant made under this section may cover up to 100 percent of the costs of such construction, expansion, or modernization. For the purposes of this section, the term “construction” includes the replacement of an existing facility.

(2)

A grant under paragraph (1) may only be made to a tribe or tribal organization operating an Indian health facility (other than a facility owned or constructed by the Service, including a facility originally owned or constructed by the Service and transferred to a tribe or tribal organization) pursuant to a contract entered into under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.].

(b)

Use of grant—

(1)

A grant provided under this section may be used only for the construction, expansion, or modernization (including the planning and design of such construction, expansion, or modernization) of an ambulatory care facility—

(A)

located apart from a hospital;

(B)

not funded under section 1631 of this title or section 1637 of this title; and

(C)

which, upon completion of such construction, expansion, or modernization will—

(i)

have a total capacity appropriate to its projected service population;

(ii)

serve no less than 500 eligible Indians annually; and

(iii)

provide ambulatory care in a service area (specified in the contract entered into under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.]) with a population of not less than 2,000 eligible Indians.

(2)

The requirements of clauses (ii) and (iii) of paragraph (1)(C) shall not apply to a tribe or tribal organization applying for a grant under this section whose tribal government offices are located on an island.

(c)

Application for grant—

(1)

No grant may be made under this section unless an application for such a grant has been submitted to and approved by the Secretary. An application for a grant under this section shall be submitted in such form and manner as the Secretary shall by regulation prescribe and shall set forth reasonable assurance by the applicant that, at all times after the construction, expansion, or modernization of a facility carried out pursuant to a grant received under this section—

(A)

adequate financial support will be available for the provision of services at such facility;

(B)

such facility will be available to eligible Indians without regard to ability to pay or source of payment; and

(C)

such facility will, as feasible without diminishing the quality or quantity of services provided to eligible Indians, serve noneligible persons on a cost basis.

(2)

In awarding grants under this section, the Secretary shall give priority to tribes and tribal organizations that demonstrate—

(A)

a need for increased ambulatory care services; and

(B)

insufficient capacity to deliver such services.

(d)

Transfer of interest to United States upon cessation of facility— If any facility (or portion thereof) with respect to which funds have been paid under this section, ceases, at any time after completion of the construction, expansion, or modernization carried out with such funds, to be utilized for the purposes of providing ambulatory care services to eligible Indians, all of the right, title, and interest in and to such facility (or portion thereof) shall transfer to the United States.

Notes, amendments, and revision history

(Pub. L. 94–437, title III, § 306, as added Pub. L. 100–713, title III, § 304, Nov. 23, 1988, 102 Stat. 4817; amended Pub. L. 102–573, title III, § 303, Oct. 29, 1992, 106 Stat. 4561.)

Editorial Notes

References in Text

The Indian Self-Determination Act, referred to in subsecs. (a)(2) and (b)(1)(C)(iii), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 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.

Amendments

1992—Pub. L. 102–573 amended section generally, substituting provisions relating to grant program for construction, expansion, and modernization of small ambulatory care facilities for provisions relating to conveyance of certain real property under Alaska Native Claims Settlement Act.

§1637. Indian health care delivery demonstration projects

25 U.S.C. § 1637

(a)

Purpose and general authority—

(1)

Purpose— The purpose of this section is to encourage the establishment of demonstration projects that meet the applicable criteria of this section to be carried out by the Secretary, acting through the Service, or Indian tribes or tribal organizations acting pursuant to contracts or compacts under the Indian Self Determination¹ and Education Assistance Act (25 U.S.C. 450 et seq.)—²

(A)

to test alternative means of delivering health care and services to Indians through facilities; or

(B)

to use alternative or innovative methods or models of delivering health care services to Indians (including primary care services, contract health services, or any other program or service authorized by this chapter) through convenient care services (as defined in subsection (c)), community health centers, or cooperative agreements or arrangements with other health care providers that share or coordinate the use of facilities, funding, or other resources, or otherwise coordinate or improve the coordination of activities of the Service, Indian tribes, or tribal organizations, with those of the other health care providers.

(2)

Authority— The Secretary, acting through the Service, is authorized to carry out, or to enter into contracts or compacts under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)² with Indian tribes or tribal organizations to carry out, health care delivery demonstration projects that—

(A)

test alternative means of delivering health care and services to Indians through facilities; or

(B)

otherwise carry out the purposes of this section.

(b)

Use of funds— The Secretary, in approving projects pursuant to this section—

(1)

may authorize such contracts for the construction and renovation of hospitals, health centers, health stations, and other facilities to deliver health care services; and

(2)

is authorized—

(A)

to waive any leasing prohibition;

(B)

to permit use and carryover of funds appropriated for the provision of health care services under this chapter (including for the purchase of health benefits coverage, as authorized by section 1642(a) of this title);

(C)

to permit the use of other available funds, including other Federal funds, funds from third-party collections in accordance with sections 1621e, 1621f, and 1641 of this title, and non-Federal funds contributed by State or local governmental agencies or facilities or private health care providers pursuant to cooperative or other agreements with the Service, 1 or more Indian tribes, or tribal organizations;

(D)

to permit the use of funds or property donated or otherwise provided from any source for project purposes;

(E)

to provide for the reversion of donated real or personal property to the donor; and

(F)

to permit the use of Service funds to match other funds, including Federal funds.

(c)

Health care demonstration projects—

(1)

Definition of convenient care service— In this subsection, the term “convenient care service” means any primary health care service, such as urgent care services, nonemergent care services, prevention services and screenings, and any service authorized by section 1621b of this title or 1621d(d) of this title, that is offered—

(A)

at an alternative setting; or

(B)

during hours other than regular working hours.

(2)

General projects—

(A)

Criteria— The Secretary may approve under this section demonstration projects that meet the following criteria:

(i)

There is a need for a new facility or program, such as a program for convenient care services, or an improvement in, increased efficiency at, or reorientation of an existing facility or program.

(ii)

A significant number of Indians, including Indians with low health status, will be served by the project.

(iii)

The project has the potential to deliver services in an efficient and effective manner.

(iv)

The project is economically viable.

(v)

For projects carried out by an Indian tribe or tribal organization, the Indian tribe or tribal organization has the administrative and financial capability to administer the project.

(vi)

The project is integrated with providers of related health or social services (including State and local health care agencies or other health care providers) and is coordinated with, and avoids duplication of, existing services in order to expand the availability of services.

(B)

Priority— In approving demonstration projects under this paragraph, the Secretary shall give priority to demonstration projects, to the extent the projects meet the criteria described in subparagraph (A), located in any of the following Service units:

(i)

Cass Lake, Minnesota.

(ii)

Mescalero, New Mexico.

(iii)

Owyhee and Elko, Nevada.

(iv)

Schurz, Nevada.

(v)

Ft. Yuma, California.

(3)

Innovative health services delivery demonstration project—

(A)

Application or request— On receipt of an application or request from an Indian tribe, a consortium of Indian tribes, or a tribal organization within a Service area, the Secretary shall take into consideration alternative or innovated³ methods to deliver health care services within the Service area (or a portion of, or facility within, the Service area) as described in the application or request, including medical, dental, pharmaceutical, nursing, clinical laboratory, contract health services, convenient care services, community health centers, or any other health care services delivery models designed to improve access to, or efficiency or quality of, the health care, health promotion, or disease prevention services and programs under this chapter.

(B)

Approval— In addition to projects described in paragraph (2), in any fiscal year, the Secretary is authorized under this paragraph to approve not more than 10 applications for health care delivery demonstration projects that meet the criteria described in subparagraph (C).

(C)

Criteria— The Secretary shall approve under subparagraph (B) demonstration projects that meet all of the following criteria:

(i)

The criteria set forth in paragraph (2)(A).

(ii)

There is a lack of access to health care services at existing health care facilities, which may be due to limited hours of operation at those facilities or other factors.

(iii)

The project—

(I)

expands the availability of services; or

(II)

reduces—

(aa)

the burden on Contract Health Services; or

(bb)

the need for emergency room visits.

(d)

Technical assistance— On receipt of an application or request from an Indian tribe, a consortium of Indian tribes, or a tribal organization, the Secretary shall provide such technical and other assistance as may be necessary to enable applicants to comply with this section, including information regarding the Service unit budget and available funding for carrying out the proposed demonstration project.

(e)

Service to ineligible persons— Subject to section 1680c of this title, the authority to provide services to persons otherwise ineligible for the health care benefits of the Service, and the authority to extend hospital privileges in Service facilities to non-Service health practitioners as provided in section 1680c of this title, may be included, subject to the terms of that section, in any demonstration project approved pursuant to this section.

(f)

Equitable treatment— For purposes of subsection (c), the Secretary, in evaluating facilities operated under any contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),² shall use the same criteria that the Secretary uses in evaluating facilities operated directly by the Service.

(g)

Equitable integration of facilities— The Secretary shall ensure that the planning, design, construction, renovation, and expansion needs of Service and non-Service facilities that are the subject of a contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)² for health services are fully and equitably integrated into the implementation of the health care delivery demonstration projects under this section.

Footnotes

1 So in original. Probably should be “Self-Determination”.
2 See References in Text note below.
3 So in original. Probably should be “innovative”.

Notes, amendments, and revision history

(Pub. L. 94–437, title III, § 307, as added Pub. L. 101–630, title V, § 504, Nov. 28, 1990, 104 Stat. 4562; amended Pub. L. 102–573, title III, §§ 304, 307(b)(2), title VII, § 701(c)(2), title IX, § 902(4)(A), Oct. 29, 1992, 106 Stat. 4562, 4564, 4572, 4591; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(1)(B), (b)(2)(B), (c)(3)(A), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsecs. (a), (f), and (g), 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

Amendment by Pub. L. 111–148 is based on section 143 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.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section authorized contracts and grants to carry out an Indian health care delivery demonstration project and related to use of funds, criteria, technical assistance, service to ineligible persons, equitable treatment, equitable integration of facilities, and report to Congress.

1992—Pub. L. 102–573, § 902(4)(A), made technical amendment to section catchline.

Subsec. (c)(1)(A). Pub. L. 102–573, § 304(a)(1), inserted “or program” after “facility” in two places.

Subsec. (c)(3)(A). Pub. L. 102–573, § 304(a)(2), substituted “On or before September 30, 1995, the” for “The” and inserted “and for which a completed application has been received by the Secretary” after “paragraph (1)”.

Subsec. (c)(3)(B). Pub. L. 102–573, § 304(a)(3), which directed amendment of subsec. (c) by striking subpar. (B) and inserting a new subpar. (B), was executed by making the amendment in par. (3) of subsec. (c) to reflect the probable intent of Congress. Prior to amendment, subpar. (B) read as follows: “After entering into contracts or awarding grants in accordance with subparagraph (A), and taking into account contracts entered into and grants awarded under such subparagraph, the Secretary may only enter into one contract or award one grant under this subsection with respect to a service area until the Secretary has entered into contracts or awarded grants for all service areas with respect to which the Secretary receives applications during the application period, as determined by the Secretary, which meet the criteria developed under paragraph (1).”

Subsec. (e). Pub. L. 102–573, § 701(c)(2), made technical amendment to the reference to section 1680c of this title to reflect renumbering of corresponding section of original act.

Subsec. (h). Pub. L. 102–573, § 304(b), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “Within 90 days after the end of the period set out in subsection (a) of this section, the Secretary shall prepare and submit to Congress a report, together with legislative recommendations, on the findings and conclusions derived from the demonstration projects.”

Subsec. (i). Pub. L. 102–573, § 307(b)(2), struck out subsec. (i) which authorized appropriation of such sums as necessary for fiscal years 1991 and 1992 for purpose of carrying out this section.

§1638. Land transfer

25 U.S.C. § 1638

The Bureau of Indian Affairs is authorized to transfer, at no cost, up to 5 acres of land at the Chemawa Indian School, Salem, Oregon, to the Service for the provision of health care services. The land authorized to be transferred by this section is that land adjacent to land under the jurisdiction of the Service and occupied by the Chemawa Indian Health Center.

Notes, amendments, and revision history

(Pub. L. 94–437, title III, § 308, as added Pub. L. 102–573, title III, § 306, Oct. 29, 1992, 106 Stat. 4564.)

§1638a. Tribal management of federally owned quarters

25 U.S.C. § 1638a

(a)

Rental rates—

(1)

Establishment— Notwithstanding any other provision of law, a tribal health program that operates a hospital or other health facility and the federally owned quarters associated with such a facility pursuant to a contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)¹ may establish the rental rates charged to the occupants of those quarters, on providing notice to the Secretary.

(2)

Objectives— In establishing rental rates under this subsection, a tribal health program shall attempt—

(A)

to base the rental rates on the reasonable value of the quarters to the occupants of the quarters; and

(B)

to generate sufficient funds to prudently provide for the operation and maintenance of the quarters, and at the discretion of the tribal health program, to supply reserve funds for capital repairs and replacement of the quarters.

(3)

Equitable funding— A federally owned quarters the rental rates for which are established by a tribal health program under this subsection shall remain eligible to receive improvement and repair funds to the same extent that all federally owned quarters used to house personnel in programs of the Service are eligible to receive those funds.

(4)

Notice of rate change— A tribal health program that establishes a rental rate under this subsection shall provide occupants of the federally owned quarters a notice of any change in the rental rate by not later than the date that is 60 days notice before the effective date of the change.

(5)

Rates in Alaska— A rental rate established by a tribal health program under this section for a federally owned quarters in the State of Alaska may be based on the cost of comparable private rental housing in the nearest established community with a year-round population of 1,500 or more individuals.

(b)

Direct collection of rent—

(1)

In general— Notwithstanding any other provision of law, and subject to paragraph (2), a tribal health program may collect rent directly from Federal employees who occupy federally owned quarters if the tribal health program submits to the Secretary and the employees a notice of the election of the tribal health program to collect rents directly from the employees.

(2)

Action by employees— On receipt of a notice described in paragraph (1)—

(A)

the affected Federal employees shall pay rent for occupancy of a federally owned quarters directly to the applicable tribal health program; and

(B)

the Secretary shall not have the authority to collect rent from the employees through payroll deduction or otherwise.

(3)

Use of payments— The rent payments under this subsection—

(A)

shall be retained by the applicable tribal health program in a separate account, which shall be used by the tribal health program for the maintenance (including capital repairs and replacement) and operation of the quarters, as the tribal health program determines to be appropriate; and

(B)

shall not be made payable to, or otherwise be deposited with, the United States.

(4)

Retrocession of authority— If a tribal health program that elected to collect rent directly under paragraph (1) requests retrocession of the authority of the tribal health program to collect that rent, the retrocession shall take effect on the earlier of—

(A)

the first day of the month that begins not less than 180 days after the tribal health program submits the request; and

(B)

such other date as may be mutually agreed on by the Secretary and the tribal health program.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title III, § 309, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (a)(1), 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 309 of Pub. L. 94–437 is based on section 144 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 1638a, Pub. L. 94–437, title III, § 309, as added Pub. L. 102–573, title III, § 307(a), Oct. 29, 1992, 106 Stat. 4564, 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)(6) 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.

§1638b. Applicability of Buy American requirement

25 U.S.C. § 1638b

(a)

Duty of Secretary— The Secretary shall ensure that the requirements of the Buy American Act apply to all procurements made with funds made available to carry out this subchapter.

(b)

Report to Congress— The Secretary shall submit to the Congress a report on the amount of procurements from foreign entities made in fiscal years 1993 and 1994 with funds made available to carry out this subchapter. Such report shall separately indicate the dollar value of items procured with such funds for which the Buy American Act was waived pursuant to the Trade Agreement Act of 1979 or any international agreement to which the United States is a party.

(c)

Fraudulent use of Made-in-America label— If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a “Made in America” inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds made available to carry out this subchapter, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.

(d)

“Buy American Act” defined— For purposes of this section, the term “Buy American Act” means title III of the Act entitled “An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes”, approved March 3, 1933 (41 U.S.C. 10a) et seq.)¹.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title III, § 310, as added Pub. L. 102–573, title III, § 308, Oct. 29, 1992, 106 Stat. 4564; amended Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Trade Agreement Act of 1979, referred to in subsec. (b), probably means the Trade Agreements Act of 1979, Pub. L. 96–39, July 26, 1979, 93 Stat. 144. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of Title 19, Customs Duties, and Tables.

Title III of the Act entitled “An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes”, approved March 3, 1933, referred to in subsec. (d), is title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, known as the Buy American Act, which was classified generally to sections 10a, 10b, and 10c of former Title 41, Public Contracts, and was substantially repealed and restated in chapter 83 (§ 8301 et seq.) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of title III to the Code, see Short Title of 1933 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.

Codification

Amendment by Pub. L. 111–148 is based on section 101(c)(3) 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.

Amendments

2010—Subsecs. (a) to (c). Pub. L. 111–148 substituted “funds made available to carry out this subchapter” for “funds provided pursuant to the authorization contained in section 1638a of this title”.

§1638c. Contracts for personal services in Indian Health Service facilities

25 U.S.C. § 1638c

In fiscal year 1995 and thereafter (a) the Secretary may enter into personal services contracts with entities, either individuals or organizations, for the provision of services in facilities owned, operated or constructed under the jurisdiction of the Indian Health Service; (b) the Secretary may exempt such a contract from competitive contracting requirements upon adequate notice of contracting opportunities to individuals and organizations residing in the geographic vicinity of the health facility; (c) consideration of individuals and organizations shall be based solely on the qualifications established for the contract and the proposed contract price; and (d) individuals providing health care services pursuant to these contracts are covered by the Federal Tort Claims Act.

Notes, amendments, and revision history

(Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2530.)

Editorial Notes

References in Text

The Federal Tort Claims Act, referred to in text, is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28.

Codification

Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1995, and not as part of the Indian Health Care Improvement Act which comprises this chapter.

§1638d. Credit to appropriations of money collected for meals at Indian Health Service facilities

25 U.S.C. § 1638d

Money before, on, and after September 30, 1994, collected for meals served at Indian Health Service facilities will be credited to the appropriations from which the services were furnished and shall be credited to the appropriation when received.

Notes, amendments, and revision history

(Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2530.)

Editorial Notes

Codification

Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1995, and not as part of the Indian Health Care Improvement Act which comprises this chapter.

§1638e. Other funding, equipment, and supplies for facilities

25 U.S.C. § 1638e

(a)

Authorization—

(1)

Authority to transfer funds— The head of any Federal agency to which funds, equipment, or other supplies are made available for the planning, design, construction, or operation of a health care or sanitation facility may transfer the funds, equipment, or supplies to the Secretary for the planning, design, construction, or operation of a health care or sanitation facility to achieve—

(A)

the purposes of this chapter; and

(B)

the purposes for which the funds, equipment, or supplies were made available to the Federal agency.

(2)

Authority to accept funds— The Secretary may—

(A)

accept from any source, including Federal and State agencies, funds, equipment, or supplies that are available for the construction or operation of health care or sanitation facilities; and

(B)

use those funds, equipment, and supplies to plan, design,,¹ construct, and operate health care or sanitation facilities for Indians, including pursuant to a contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).²

(3)

Effect of receipt— Receipt of funds by the Secretary under this subsection shall not affect any priority established under section 1631 of this title.

(b)

Interagency agreements— The Secretary may enter into interagency agreements with Federal or State agencies and other entities, and accept funds, equipment, or other supplies from those entities, to provide for the planning, design, construction, and operation of health care or sanitation facilities to be administered by Indian health programs to achieve—

(1)

the purposes of this chapter; and

(2)

the purposes for which the funds were appropriated or otherwise provided.

(c)

Establishment of standards—

(1)

In general— The Secretary, acting through the Service, shall establish, by regulation, standards for the planning, design, construction, and operation of health care or sanitation facilities serving Indians under this chapter.

(2)

Other regulations— Notwithstanding any other provision of law, any other applicable regulations of the Department shall apply in carrying out projects using funds transferred under this section.

(d)

Definition of sanitation facility— In this section, the term “sanitation facility” means a safe and adequate water supply system, sanitary sewage disposal system, or sanitary solid waste system (including all related equipment and support infrastructure).

Footnotes

1 So in original.
2 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title III, § 311, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(1)(A), (b)(1), and (c)(1), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (a)(2)(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 311 of Pub. L. 94–437 is based on section 145 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.

§1638f. Indian country modular component facilities demonstration program

25 U.S.C. § 1638f

(a)

Definition of modular component health care facility— In this section, the term “modular component health care facility” means a health care facility that is constructed—

(1)

off-site using prefabricated component units for subsequent transport to the destination location; and

(2)

represents¹ a more economical method for provision of health care facility² than a traditionally constructed health care building.

(b)

Establishment— The Secretary, acting through the Service, shall establish a demonstration program under which the Secretary shall award no less than 3 grants for purchase, installation and maintenance of modular component health care facilities in Indian communities for provision of health care services.

(c)

Selection of locations—

(1)

Petitions—

(A)

Solicitation— The Secretary shall solicit from Indian tribes petitions for location of the modular component health care facilities in the Service areas of the petitioning Indian tribes.

(B)

Petition— To be eligible to receive a grant under this section, an Indian tribe or tribal organization must submit to the Secretary a petition to construct a modular component health care facility in the Indian community of the Indian tribe, at such time, in such manner, and containing such information as the Secretary may require.

(2)

Selection— In selecting the location of each modular component health care facility to be provided under the demonstration program, the Secretary shall give priority to projects already on the Indian Health Service facilities construction priority list and petitions which demonstrate that erection of a modular component health facility—

(A)

is more economical than construction of a traditionally constructed health care facility;

(B)

can be constructed and erected on the selected location in less time than traditional construction; and

(C)

can adequately house the health care services needed by the Indian population to be served.

(3)

Effect of selection— A modular component health care facility project selected for participation in the demonstration program shall not be eligible for entry on the facilities construction priorities list entitled “IHS Health Care Facilities FY 2011 Planned Construction Budget” and dated May 7, 2009 (or any successor list).

(d)

Eligibility—

(1)

In general— An Indian tribe may submit a petition under subsection (c)(1)(B) regardless of whether the Indian tribe is a party to any contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).³

(2)

Administration— At the election of an Indian tribe or tribal organization selected for participation in the demonstration program, the funds provided for the project shall be subject to the provisions of the Indian Self-Determination and Education Assistance Act.

(e)

Reports— Not later than 1 year after the date on which funds are made available for the demonstration program and annually thereafter, the Secretary shall submit to Congress a report describing—

(1)

each activity carried out under the demonstration program, including an evaluation of the success of the activity; and

(2)

the potential benefits of increased use of modular component health care facilities in other Indian communities.

(f)

Authorization of appropriations— There are authorized to be appropriated $50,000,000 to carry out the demonstration program under this section for the first 5 fiscal years, and such sums as may be necessary to carry out the program in subsequent fiscal years.

Footnotes

1 So in original.
2 So in original. Probably should be “provision of a health care facility”.
3 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title III, § 312, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (d), 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 312 of Pub. L. 94–437 is based on section 146 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.

§1638g. Mobile health stations demonstration program

25 U.S.C. § 1638g

(a)

Definitions— In this section:

(1)

Eligible tribal consortium— The term “eligible tribal consortium” means a consortium composed of 2 or more Service units between which a mobile health station can be transported by road in up to 8 hours. A Service unit operated by the Service or by an Indian tribe or tribal organization shall be equally eligible for participation in such consortium.

(2)

Mobile health station— The term “mobile health station” means a health care unit that—

(A)

is constructed, maintained, and capable of being transported within a semi-trailer truck or similar vehicle;

(B)

is equipped for the provision of 1 or more specialty health care services; and

(C)

can be equipped to be docked to a stationary health care facility when appropriate.

(3)

Specialty health care service—

(A)

In general— The term “specialty health care service” means a health care service which requires the services of a health care professional with specialized knowledge or experience.

(B)

Inclusions— The term “specialty health care service” includes any service relating to—

(i)

dialysis;

(ii)

surgery;

(iii)

mammography;

(iv)

dentistry; or

(v)

any other specialty health care service.

(b)

Establishment— The Secretary, acting through the Service, shall establish a demonstration program under which the Secretary shall provide at least 3 mobile health station projects.

(c)

Petition— To be eligible to receive a mobile health station under the demonstration program, an eligible tribal consortium shall submit to the Secretary,¹ a petition at such time, in such manner, and containing—

(1)

a description of the Indian population to be served;

(2)

a description of the specialty service or services for which the mobile health station is requested and the extent to which such service or services are currently available to the Indian population to be served; and

(3)

such other information as the Secretary may require.

(d)

Use of funds— The Secretary shall use amounts made available to carry out the demonstration program under this section—

(1)

(A)

to establish, purchase, lease, or maintain mobile health stations for the eligible tribal consortia selected for projects; and

(B)

to provide, through the mobile health station, such specialty health care services as the affected eligible tribal consortium determines to be necessary for the Indian population served;

(2)

to employ an existing mobile health station (regardless of whether the mobile health station is owned or rented and operated by the Service) to provide specialty health care services to an eligible tribal consortium; and

(3)

to establish, purchase, or maintain docking equipment for a mobile health station, including the establishment or maintenance of such equipment at a modular component health care facility (as defined in section 1638f(a) of this title), if applicable.

(e)

Reports— Not later than 1 year after the date on which the demonstration program is established under subsection (b) and annually thereafter, the Secretary, acting through the Service, shall submit to Congress a report describing—

(1)

each activity carried out under the demonstration program including an evaluation of the success of the activity; and

(2)

the potential benefits of increased use of mobile health stations to provide specialty health care services for Indian communities.

(f)

Authorization of appropriations— There are authorized to be appropriated $5,000,000 per year to carry out the demonstration program under this section for the first 5 fiscal years, and such sums as may be needed to carry out the program in subsequent fiscal years.

Footnotes

1 So in original. The comma probably should not appear.

Notes, amendments, and revision history

(Pub. L. 94–437, title III, § 313, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 313 of Pub. L. 94–437 is based on section 147 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.

§1641. Treatment of payments under Social Security Act health benefits programs

25 U.S.C. § 1641

(a)

Disregard of Medicare, Medicaid, and CHIP payments in determining appropriations— Any payments received by an Indian health program or by an urban Indian organization under title XVIII, XIX, or XXI of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq., 1397aa et seq.] for services provided to Indians eligible for benefits under such respective titles shall not be considered in determining appropriations for the provision of health care and services to Indians.

(b)

Nonpreferential treatment— Nothing in this chapter authorizes the Secretary to provide services to an Indian with coverage under title XVIII, XIX, or XI¹ of the Social Security Act in preference to an Indian without such coverage.

(c)

Use of funds—

(1)

Special fund—

(A)

100 percent pass-through of payments due to facilities— Notwithstanding any other provision of law, but subject to paragraph (2), payments to which a facility of the Service is entitled by reason of a provision of title XVIII or XIX of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq.] shall be placed in a special fund to be held by the Secretary. In making payments from such fund, the Secretary shall ensure that each Service unit of the Service receives 100 percent of the amount to which the facilities of the Service, for which such Service unit makes collections, are entitled by reason of a provision of either such title.

(B)

Use of funds— Amounts received by a facility of the Service under subparagraph (A) by reason of a provision of title XVIII or XIX of the Social Security Act shall first be used (to such extent or in such amounts as are provided in appropriation Acts) for the purpose of making any improvements in the programs of the Service operated by or through such facility which may be necessary to achieve or maintain compliance with the applicable conditions and requirements of such respective title. Any amounts so received that are in excess of the amount necessary to achieve or maintain such conditions and requirements shall, subject to consultation with the Indian tribes being served by the Service unit, be used for reducing the health resource deficiencies (as determined in section 1621(c) of this title) of such Indian tribes, including the provision of services pursuant to section 1621d of this title.

(2)

Direct payment option— Paragraph (1) shall not apply to a tribal health program upon the election of such program under subsection (d) to receive payments directly. No payment may be made out of the special fund described in such paragraph with respect to reimbursement made for services provided by such program during the period of such election.

(d)

Direct billing—

(1)

In general— Subject to complying with the requirements of paragraph (2), a tribal health program may elect to directly bill for, and receive payment for, health care items and services provided by such program for which payment is made under title XVIII, XIX, or XXI of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq., 1397aa et seq.] or from any other third party payor.

(2)

Direct reimbursement—

(A)

Use of funds— Each tribal health program making the election described in paragraph (1) with respect to a program under a title of the Social Security Act [42 U.S.C. 301 et seq.] shall be reimbursed directly by that program for items and services furnished without regard to subsection (c)(1), except that all amounts so reimbursed shall be used by the tribal health program for the purpose of making any improvements in facilities of the tribal health program that may be necessary to achieve or maintain compliance with the conditions and requirements applicable generally to such items and services under the program under such title and to provide additional health care services, improvements in health care facilities and tribal health programs, any health care-related purpose (including coverage for a service or service within a contract health service delivery area or any portion of a contract health service delivery area that would otherwise be provided as a contract health service), or otherwise to achieve the objectives provided in section 1602 of this title.

(B)

Audits— The amounts paid to a tribal health program making the election described in paragraph (1) with respect to a program under title XVIII, XIX, or XXI of the Social Security Act shall be subject to all auditing requirements applicable to the program under such title, as well as all auditing requirements applicable to programs administered by an Indian health program. Nothing in the preceding sentence shall be construed as limiting the application of auditing requirements applicable to amounts paid under title XVIII, XIX, or XXI of the Social Security Act.

(C)

Identification of source of payments— Any tribal health program that receives reimbursements or payments under title XVIII, XIX, or XXI of the Social Security Act shall provide to the Service a list of each provider enrollment number (or other identifier) under which such program receives such reimbursements or payments.

(3)

Examination and implementation of changes—

(A)

In general— The Secretary, acting through the Service and with the assistance of the Administrator of the Centers for Medicare & Medicaid Services, shall examine on an ongoing basis and implement any administrative changes that may be necessary to facilitate direct billing and reimbursement under the program established under this subsection, including any agreements with States that may be necessary to provide for direct billing under a program under title XIX or XXI of the Social Security Act [42 U.S.C. 1396 et seq., 1397aa et seq.].

(B)

Coordination of information— The Service shall provide the Administrator of the Centers for Medicare & Medicaid Services with copies of the lists submitted to the Service under paragraph (2)(C), enrollment data regarding patients served by the Service (and by tribal health programs, to the extent such data is available to the Service), and such other information as the Administrator may require for purposes of administering title XVIII, XIX, or XXI of the Social Security Act.

(4)

Withdrawal from program— A tribal health program that bills directly under the program established under this subsection may withdraw from participation in the same manner and under the same conditions that an Indian tribe or tribal organization may retrocede a contracted program to the Secretary under the authority of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).² All cost accounting and billing authority under the program established under this subsection shall be returned to the Secretary upon the Secretary’s acceptance of the withdrawal of participation in this program.

(5)

Termination for failure to comply with requirements— The Secretary may terminate the participation of a tribal health program or³ in the direct billing program established under this subsection if the Secretary determines that the program has failed to comply with the requirements of paragraph (2). The Secretary shall provide a tribal health program with notice of a determination that the program has failed to comply with any such requirement and a reasonable opportunity to correct such noncompliance prior to terminating the program’s participation in the direct billing program established under this subsection.

(e)

Related provisions under the Social Security Act— For provisions related to subsections (c) and (d), see sections 1880, 1911, and 2107(e)(1)(D)² of the Social Security Act [42 U.S.C. 1395qq, 1396j, 1397gg(e)(1)(D)].

Footnotes

1 So in original. Probably should be “XXI”.
2 See References in Text note below.
3 So in original. The word “or” probably should not appear.

Notes, amendments, and revision history

(Pub. L. 94–437, title IV, § 401, Sept. 30, 1976, 90 Stat. 1408; Pub. L. 102–573, title IV, § 401(a), Oct. 29, 1992, 106 Stat. 4565; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Social Security Act, referred to in subsecs. (a) to (d), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Titles XVIII, XIX, and XXI of the Act are classified generally to subchapters XVIII (§ 1395 et seq.), XIX (§ 1396 et seq.), and XXI (§ 1397aa et seq.), respectively, of chapter 7 of Title 42. Section 2107(e)(1)(D) of the Social Security Act, referred to in subsec. (e), is section 2107(e)(1)(D) of act Aug. 14, 1935, ch. 531, as added by Pub. L. 111–148, which was redesignated section 2107(e)(1)(F) of act Aug. 14, 1935, ch. 531, by Pub. L. 114–255, div. A, title V, § 5005(c)(1)(A), Dec. 13, 2016, 130 Stat. 1194, and which was redesignated section 2107(e)(1)(G) of act Aug. 14, 1935, ch. 531, by Pub. L. 115–123, div. E, title XII, § 53102(d)(1)(A), Feb. 9, 2018, 132 Stat. 299. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (d)(4), 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

Amendment by Pub. L. 111–148 is based on section 151 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 to general amendment by Pub. L. 102–573, section 401 of Pub. L. 94–437, in subsec. (a) amended sections 1395f and 1395n of Title 42, The Public Health and Welfare, in subsec. (b) enacted section 1395qq of Title 42, and in subsecs. (c) and (d) enacted provisions set out as notes under section 1395qq of Title 42 which were restated in this section.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to treatment of payments received by a hospital or skilled nursing facility of the Service for services to Indians under medicare program in determining appropriations for health care and services to Indians.

1992—Pub. L. 102–573 amended section generally, substituting subsecs. (a) and (b) for former subsecs. (a) to (d). See Codification note above.

§1642. Purchasing health care coverage

25 U.S.C. § 1642

(a)

In general— Insofar as amounts are made available under law (including a provision of the Social Security Act [42 U.S.C. 301 et seq.], the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),¹ or other law, other than under section 1644 of this title) to Indian tribes, tribal organizations, and urban Indian organizations for health benefits for Service beneficiaries, Indian tribes, tribal organizations, and urban Indian organizations may use such amounts to purchase health benefits coverage (including coverage for a service, or service within a contract health service delivery area, or any portion of a contract health service delivery area that would otherwise be provided as a contract health service) for such beneficiaries in any manner, including through—

(1)

a tribally owned and operated health care plan;

(2)

a State or locally authorized or licensed health care plan;

(3)

a health insurance provider or managed care organization;

(4)

a self-insured plan; or

(5)

a high deductible or health savings account plan.

(b)

Financial need— The purchase of coverage under subsection (a) by an Indian tribe, tribal organization, or urban Indian organization may be based on the financial needs of such beneficiaries (as determined by the 1 or more Indian tribes being served based on a schedule of income levels developed or implemented by such 1 ore² more Indian tribes).

(c)

Expenses for self-insured plan— In the case of a self-insured plan under subsection (a)(4), the amounts may be used for expenses of operating the plan, including administration and insurance to limit the financial risks to the entity offering the plan.

(d)

Construction— Nothing in this section shall be construed as affecting the use of any amounts not referred to in subsection (a).

Footnotes

1 See References in Text note below.
2 So in original. Probably should be “or”.

Notes, amendments, and revision history

(Pub. L. 94–437, title IV, § 402, Sept. 30, 1976, 90 Stat. 1409; Pub. L. 100–713, title IV, § 401(a), (b), Nov. 23, 1988, 102 Stat. 4818; Pub. L. 102–573, title IV, § 401(b)(1), Oct. 29, 1992, 106 Stat. 4565; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (a), 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

Amendment by Pub. L. 111–148 is based on section 152 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 to general amendment by Pub. L. 102–573, section 402 of Pub. L. 94–437, in subsec. (a) enacted section 1396j of Title 42, The Public Health and Welfare, in subsecs. (b) to (d) enacted provisions set out as notes under section 1396j of Title 42 (of which subsecs. (c) and (d) were restated in this section), and in subsec. (e) amended section 1396d of Title 42.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to treatment of payments under medicaid program.

1992—Pub. L. 102–573 amended section generally, substituting subsecs. (a) and (b) for former subsecs. (a) to (e). See Codification note above.

1988—Subsec. (b). Pub. L. 100–713, § 401(b), struck out subsec. (b) which authorized Secretary of Health and Human Services to enter into agreements to reimburse State agencies for health care and services provided in Indian Health Service facilities to Indians eligible for medical assistance under title XIX of the Social Security Act.

Subsec. (c). Pub. L. 100–713, § 401(a), substituted “skilled nursing facility, or any other type of facility which provides services of a type otherwise covered under a State plan for medical assistance approved under title XIX of the Social Security Act” for “or skilled nursing facility”, “such a State plan” for “a State plan approved under title XIX of the Social Security Act”, and “In making payments from such fund, the Secretary shall ensure that each service unit of the Indian Health Service receives at least 50 percent of the amounts to which the facilities of the Indian Health Service, for which such service unit makes collections, are entitled by reason of section 1911 of the Social Security Act, if such amount is necessary for the purpose of making improvements in such facilities in order to achieve compliance with the conditions and requirements of title XIX of the Social Security Act. This subsection shall” for “The preceding sentence shall”.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–573, title IV, § 401(b)(2), Oct. 29, 1992, 106 Stat. 4565, provided that: “The increase (from 50 percent) in the percentage of the payments from the fund to be made to each service unit of the Service specified in the amendment made by paragraph (1) [amending this section] shall take effect beginning with payments made on January 1, 1993.”

Effective Date of 1988 Amendment

Pub. L. 100–713, title IV, § 401(c), Nov. 23, 1988, 102 Stat. 4818, provided that: “The amendments made by this section [amending this section] shall apply to services performed on or after the date of the enactment of this Act [Nov. 23, 1988].”

§1643. Amount and use of funds reimbursed through medicare and medicaid available to Indian Health Service

25 U.S.C. § 1643

The Secretary shall submit to the President, for inclusion in the report required to be transmitted to the Congress under section 1671 of this title, an accounting on the amount and use of funds made available to the Service pursuant to this subchapter as a result of reimbursements through titles XVIII and XIX of the Social Security Act, as amended [42 U.S.C. 1395 et seq., 1396 et seq.].

Notes, amendments, and revision history

(Pub. L. 94–437, title IV, § 403, Sept. 30, 1976, 90 Stat. 1410; Pub. L. 102–573, title IV, § 402, Oct. 29, 1992, 106 Stat. 4566.)

Editorial Notes

References in Text

The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Codification

Section was formerly set out as a note under section 1671 of this title.

Amendments

1992—Pub. L. 102–573 substituted “The Secretary shall submit to the President, for inclusion in the report required to be transmitted to the Congress under section 1671 of this title,” for “The Secretary shall include in his annual report required by section 1671 of this title”.

§1644. Grants to and contracts with the Service, Indian tribes, tribal organizations, and urban Indian organizations to facilitate outreach, enrollment, and coverage of Indians under Social Security Act health benefit programs and other health benefits programs

25 U.S.C. § 1644

(a)

Indian tribes and tribal organizations— The Secretary, acting through the Service, shall make grants to or enter into contracts with Indian tribes and tribal organizations to assist such tribes and tribal organizations in establishing and administering programs on or near reservations and trust lands, including programs to provide outreach and enrollment through video, electronic delivery methods, or telecommunication devices that allow real-time or time-delayed communication between individual Indians and the benefit program, to assist individual Indians—

(1)

to enroll for benefits under a program established under title XVIII, XIX, or XXI of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq., 1397aa et seq.] and other health benefits programs; and

(2)

with respect to such programs for which the charging of premiums and cost sharing is not prohibited under such programs, to pay premiums or cost sharing for coverage for such benefits, which may be based on financial need (as determined by the Indian tribe or tribes or tribal organizations being served based on a schedule of income levels developed or implemented by such tribe, tribes, or tribal organizations).

(b)

Conditions— The Secretary, acting through the Service, shall place conditions as deemed necessary to effect the purpose of this section in any grant or contract which the Secretary makes with any Indian tribe or tribal organization pursuant to this section. Such conditions shall include requirements that the Indian tribe or tribal organization successfully undertake—

(1)

to determine the population of Indians eligible for the benefits described in subsection (a);

(2)

to educate Indians with respect to the benefits available under the respective programs;

(3)

to provide transportation for such individual Indians to the appropriate offices for enrollment or applications for such benefits; and

(4)

to develop and implement methods of improving the participation of Indians in receiving benefits under such programs.

(c)

Application to urban Indian organizations—

(1)

In general— The provisions of subsection (a) shall apply with respect to grants and other funding to urban Indian organizations with respect to populations served by such organizations in the same manner they apply to grants and contracts with Indian tribes and tribal organizations with respect to programs on or near reservations.

(2)

Requirements— The Secretary shall include in the grants or contracts made or provided under paragraph (1) requirements that are—

(A)

consistent with the requirements imposed by the Secretary under subsection (b);

(B)

appropriate to urban Indian organizations and urban Indians; and

(C)

necessary to effect the purposes of this section.

(d)

Facilitating cooperation— The Secretary, acting through the Centers for Medicare & Medicaid Services, shall develop and disseminate best practices that will serve to facilitate cooperation with, and agreements between, States and the Service, Indian tribes, tribal organizations, or urban Indian organizations with respect to the provision of health care items and services to Indians under the programs established under title XVIII, XIX, or XXI of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq., 1397aa et seq.].

(e)

Agreements relating to improving enrollment of Indians under Social Security Act health benefits programs— For provisions relating to agreements of the Secretary, acting through the Service, for the collection, preparation, and submission of applications by Indians for assistance under the Medicaid and children’s health insurance programs established under titles XIX and XXI of the Social Security Act [42 U.S.C. 1396 et seq., 1397aa et seq.], and benefits under the Medicare program established under title XVIII of such Act [42 U.S.C. 1395 et seq.], see subsections (a) and (b) of section 1139 of the Social Security Act [42 U.S.C. 1320b–9].

(f)

Definition of premiums and cost sharing— In this section:

(1)

Premium— The term “premium” includes any enrollment fee or similar charge.

(2)

Cost sharing— The term “cost sharing” includes any deduction, deductible, copayment, coinsurance, or similar charge.

Notes, amendments, and revision history

(Pub. L. 94–437, title IV, § 404, as added Pub. L. 96–537, § 6, Dec. 17, 1980, 94 Stat. 3176; amended Pub. L. 102–573, title IV, § 403, Oct. 29, 1992, 106 Stat. 4566; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Social Security Act, referred to in subsecs. (a)(1), (d), and (e), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII, XIX, and XXI of the Act are classified generally to subchapters XVIII (§ 1395 et seq.), XIX (§ 1396 et seq.), and XXI (§ 1397aa et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Codification

Amendment by Pub. L. 111–148 is based on section 153 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.

Section was formerly classified to section 1622 of this title.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to grants to and contracts with tribal organizations.

1992—Subsec. (b)(4). Pub. L. 102–573, § 403(1), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “develop and implement a schedule of income levels to determine the extent of payment of premiums by such organization for coverage of needy individuals; and methods of improving the participation of Indians in receiving the benefits provided pursuant to titles XVIII and XIX of the Social Security Act.”

Subsec. (c). Pub. L. 102–573, § 403(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “There are authorized to be appropriated $5,000,000 for the fiscal year ending September 30, 1981, $5,750,000 for the fiscal year ending September 30, 1982, $6,615,000 for the fiscal year ending September 30, 1983, and $7,610,000 for the fiscal year ending September 30, 1984.”

§1645. Sharing arrangements with Federal agencies

25 U.S.C. § 1645

(a)

Authority—

(1)

In general— The Secretary may enter into (or expand) arrangements for the sharing of medical facilities and services between the Service, Indian tribes, urban Indian organizations, and tribal organizations and the Department of Veterans Affairs and the Department of Defense.

(2)

Consultation by Secretary required— The Secretary may not finalize any arrangement between the Service and a Department described in paragraph (1) without first consulting with the Indian tribes which will be significantly affected by the arrangement.

(b)

Limitations— The Secretary shall not take any action under this section or under subchapter IV of chapter 81 of title 38 which would impair—

(1)

the priority access of any Indian to health care services provided through the Service and the eligibility of any Indian to receive health services through the Service;

(2)

the quality of health care services provided to any Indian through the Service;

(3)

the priority access of any veteran to health care services provided by the Department of Veterans Affairs;

(4)

the quality of health care services provided by the Department of Veterans Affairs or the Department of Defense; or

(5)

the eligibility of any Indian who is a veteran to receive health services through the Department of Veterans Affairs.

(c)

Reimbursement— The Service, Indian tribe, urban Indian organization, or tribal organization shall be reimbursed by the Department of Veterans Affairs or the Department of Defense (as the case may be) where services are provided through the Service, an Indian tribe, an urban Indian organization, or a tribal organization to beneficiaries eligible for services from either such Department, notwithstanding any other provision of law, regardless of whether such services are provided directly by the Service, an Indian tribe, or tribal organization, through purchased/referred care, or through a contract for travel described in section 1621l(b) of this title.

(d)

Construction— Nothing in this section may be construed as creating any right of a non-Indian veteran to obtain health services from the Service.

Notes, amendments, and revision history

(Pub. L. 94–437, title IV, § 405, as added Pub. L. 100–713, title IV, § 402, Nov. 23, 1988, 102 Stat. 4818; amended Pub. L. 102–573, title IV, § 404, title VII, § 701(c)(3), Oct. 29, 1992, 106 Stat. 4566, 4572; Pub. L. 104–313, § 2(d), Oct. 19, 1996, 110 Stat. 3822; Pub. L. 105–277, div. A, § 101(e) [title III, § 336], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295; Pub. L. 105–362, title VI, § 601(a)(2)(B), Nov. 10, 1998, 112 Stat. 3285; Pub. L. 106–417, §§ 3(a), 4, Nov. 1, 2000, 114 Stat. 1813, 1816; Pub. L. 108–173, title IX, § 900(e)(6)(B), Dec. 8, 2003, 117 Stat. 2373; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935; Pub. L. 116–260, div. FF, title XI, § 1113, Dec. 27, 2020, 134 Stat. 3251; Pub. L. 116–311, § 2, Jan. 5, 2021, 134 Stat. 4927.)

Editorial Notes

Codification

Amendment by Pub. L. 111–148 is based on section 154 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.

Section was formerly set out as a note under section 1395qq of Title 42, The Public Health and Welfare.

Amendments

2021—Subsec. (c). Pub. L. 116–311 inserted “, regardless of whether such services are provided directly by the Service, an Indian tribe, or tribal organization, through purchased/referred care, or through a contract for travel described in section 1621l(b) of this title” before period at end.

2020—Subsec. (a)(1). Pub. L. 116–260, § 1113(1), inserted “urban Indian organizations,” before “and tribal organizations”.

Subsec. (c). Pub. L. 116–260, § 1113(2), inserted “urban Indian organization,” before “or tribal organization” and “an urban Indian organization,” before “or a tribal organization”.

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to establishment of program for direct billing of medicare, medicaid, and other third party payors by Indian tribes, tribal organizations, and Alaska Native health organizations.

2003—Subsec. (d)(1). Pub. L. 108–173 substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration” in introductory provisions.

2000—Pub. L. 106–417, § 4(a), reenacted section as in effect on Nov. 9, 1998. For text of section as reenacted, see 1998 Amendment note below.

Pub. L. 106–417, § 3(a), amended section generally. For text of section prior to amendment, see subsecs. (a) to (d) of section as set out in 1998 Amendment note below.

Subsec. (e). Pub. L. 106–417, § 4(b), struck out subsec. (e). For text of subsec. (e) prior to amendment, see subsec. (e) of section as set out in 1998 Amendment note below.

1998—Pub. L. 105–362 repealed section. Prior to repeal, section read as follows:

“§ 1645. Demonstration program for direct billing of medicare, medicaid, and other third party payors

“(a) The Secretary shall establish a demonstration program under which Indian tribes, tribal organizations, and Alaska Native health organizations, which are contracting the entire operation of an entire hospital or clinic of the Service under the authority of the Indian Self-Determination Act, shall directly bill for, and receive payment for, health care services provided by such hospital or clinic for which payment is made under title XVIII of the Social Security Act (medicare), under a State plan for medical assistance approved under title XIX of the Social Security Act (medicaid), or from any other third-party payor. The last sentence of section 1905(b) of the Social Security Act shall apply for purposes of the demonstration program.

“(b)(1) Each hospital or clinic participating in the demonstration program described in subsection (a) of this section shall be reimbursed directly under the medicare and medicaid programs for services furnished, without regard to the provisions of section 1880(c) of the Social Security Act and sections 1642(a) and 1680c(b)(2)(A) of this title, but all funds so reimbursed shall first be used by the hospital or clinic for the purpose of making any improvements in the hospital or clinic that may be necessary to achieve or maintain compliance with the conditions and requirements applicable generally to facilities of such type under the medicare or medicaid program. Any funds so reimbursed which are in excess of the amount necessary to achieve or maintain such conditions or requirements shall be used—

“(A) solely for improving the health resources deficiency level of the Indian tribe, and

“(B) in accordance with the regulations of the Service applicable to funds provided by the Service under any contract entered into under the Indian Self-Determination Act.

“(2) The amounts paid to the hospitals and clinics participating in the demonstration program described in subsection (a) of this section shall be subject to all auditing requirements applicable to programs administered directly by the Service and to facilities participating in the medicare and medicaid programs.

“(3) The Secretary shall monitor the performance of hospitals and clinics participating in the demonstration program described in subsection (a) of this section, and shall require such hospitals and clinics to submit reports on the program to the Secretary on a quarterly basis (or more frequently if the Secretary deems it to be necessary).

“(4) Notwithstanding section 1880(c) of the Social Security Act or section 1642(a) of this title, no payment may be made out of the special fund described in section 1880(c) of the Social Security Act, or section 1642(a) of this title, for the benefit of any hospital or clinic participating in the demonstration program described in subsection (a) of this section during the period of such participation.

“(c)(1) In order to be considered for participation in the demonstration program described in subsection (a) of this section, a hospital or clinic must submit an application to the Secretary which establishes to the satisfaction of the Secretary that—

“(A) the Indian tribe, tribal organization, or Alaska Native health organization contracts the entire operation of the Service facility;

“(B) the facility is eligible to participate in the medicare and medicaid programs under sections 1880 and 1911 of the Social Security Act;

“(C) the facility meets any requirements which apply to programs operated directly by the Service; and

“(D) the facility is accredited by the Joint Commission on Accreditation of Hospitals, or has submitted a plan, which has been approved by the Secretary, for achieving such accreditation prior to October 1, 1990.

“(2) From among the qualified applicants, the Secretary shall, prior to October 1, 1989, select no more than 4 facilities to participate in the demonstration program described in subsection (a) of this section. The demonstration program described in subsection (a) of this section shall begin by no later than October 1, 1991, and end on September 30, 2000.

“(d)(1) On November 23, 1988, the Secretary, acting through the Service, shall commence an examination of—

“(A) any administrative changes which may be necessary to allow direct billing and reimbursement under the demonstration program described in subsection (a) of this section, including any agreements with States which may be necessary to provide for such direct billing under the medicaid program; and

“(B) any changes which may be necessary to enable participants in such demonstration program to provide to the Service medical records information on patients served under such demonstration program which is consistent with the medical records information system of the Service.

“(2) Prior to the commencement of the demonstration program described in subsection (a) of this section, the Secretary shall implement all changes required as a result of the examinations conducted under paragraph (1).

“(3) Prior to October 1, 1990, the Secretary shall determine any accounting information which a participant in the demonstration program described in subsection (a) of this section would be required to report.

“(e) The Secretary shall submit a final report at the end of fiscal year 1996, on the activities carried out under the demonstration program described in subsection (a) of this section which shall include an evaluation of whether such activities have fulfilled the objectives of such program. In such report the Secretary shall provide a recommendation, based upon the results of such demonstration program, as to whether direct billing of, and reimbursement by, the medicare and medicaid programs and other third-party payors should be authorized for all Indian tribes and Alaska Native health organizations which are contracting the entire operation of a facility of the Service.

“(f) The Secretary shall provide for the retrocession of any contract entered into between a participant in the demonstration program described in subsection (a) of this section and the Service under the authority of the Indian Self-Determination Act. All cost accounting and billing authority shall be retroceded to the Secretary upon the Secretary’s acceptance of a retroceded contract.”

Subsec. (c)(2). Pub. L. 105–277 substituted “2000” for “1998”.

1996—Subsec. (c)(2). Pub. L. 104–313 substituted “1998” for “1996”.

1992—Subsec. (b)(1). Pub. L. 102–573, § 701(c)(3)(A), substituted “sections 1642(a)” for “sections 402(c)” and made technical amendment to reference to section 1680c(b)(2)(A) to reflect renumbering of corresponding section of original act.

Subsec. (b)(4). Pub. L. 102–573, § 701(c)(3)(B), substituted “section 1642(a)” for “section 402(c)” in two places.

Subsec. (c)(2). Pub. L. 102–573, § 404(1), substituted “1996” for “1995”.

Subsec. (e). Pub. L. 102–573, § 404(2), substituted “1996” for “1995”.

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–417, § 3(c), Nov. 1, 2000, 114 Stat. 1816, provided that: “The amendments made by this section [amending this section and sections 1395qq and 1396j of Title 42, The Public Health and Welfare] shall take effect on October 1, 2000.”

Pub. L. 106–417, § 4(a), Nov. 1, 2000, 114 Stat. 1816, provided that the reenactment of this section by section 4(a) is effective Nov. 9, 1998.

Pub. L. 106–417, § 4(b), Nov. 1, 2000, 114 Stat. 1816, provided that the amendment made by section 4(b) is effective Nov. 10, 1998.

Findings

Pub. L. 106–417, § 2, Nov. 1, 2000, 114 Stat. 1812, provided findings of Congress relating to amendment of this section by Pub. L. 106–417.

§1646. Authorization for emergency contract health services

25 U.S.C. § 1646

With respect to an elderly or disabled Indian receiving emergency medical care or services from a non-Service provider or in a non-Service facility under the authority of this chapter, the time limitation (as a condition of payment) for notifying the Service of such treatment or admission shall be 30 days.

Notes, amendments, and revision history

(Pub. L. 94–437, title IV, § 406, as added Pub. L. 102–573, title IV, § 405, Oct. 29, 1992, 106 Stat. 4566.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

§1647. Eligible Indian veteran services

25 U.S.C. § 1647

(a)

Findings; purpose—

(1)

Findings— Congress finds that—

(A)

collaborations between the Secretary and the Secretary of Veterans Affairs regarding the treatment of Indian veterans at facilities of the Service should be encouraged to the maximum extent practicable; and

(B)

increased enrollment for services of the Department of Veterans Affairs by veterans who are members of Indian tribes 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 And HHS/Indian Health Service” and dated February 25, 2003 (relating to cooperation and resource sharing between the Veterans Health Administration and Service).

(b)

Definitions— In this section:

(1)

Eligible Indian veteran— The term “eligible Indian veteran” means an Indian or Alaska Native veteran who receives any medical service that is—

(A)

authorized under the laws administered by the Secretary of Veterans Affairs; and

(B)

administered at a facility of the Service (including a facility operated by an Indian tribe or tribal organization through a contract or compact with the Service under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 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 (or a designee, including the director of any area office of the Service) and the Secretary of Veterans Affairs (or a designee) to implement the document entitled “Memorandum of Understanding Between the VA/Veterans Health Administration And HHS/Indian Health Service” and dated February 25, 2003 (relating to cooperation and resource sharing between the Veterans Health Administration and Indian Health Service).

(c)

Eligible Indian veterans expenses—

(1)

In general— Notwithstanding any other provision of law, the Secretary shall provide for veteran-related expenses incurred by eligible Indian veterans as described in subsection (b)(1)(B).

(2)

Method of payment— The Secretary shall establish such guidelines as the Secretary determines to be appropriate regarding the method of payments to the Secretary of Veterans Affairs under paragraph (1).

(d)

Tribal approval of memoranda— In negotiating a local memorandum of understanding with the Secretary of Veterans Affairs regarding the provision of services to eligible Indian veterans, the Secretary shall consult with each Indian tribe that would be affected by the local memorandum of understanding.

(e)

Funding—

(1)

Treatment— Expenses incurred by the Secretary in carrying out subsection (c)(1) shall not be considered to be Contract Health Service expenses.

(2)

Use of funds— Of funds made available to the Secretary in appropriations Acts for the Service (excluding funds made available for facilities, Contract Health Services, or contract support costs), the Secretary shall use such sums as are necessary to carry out this section.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title IV, § 407, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

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.

§1647a. Nondiscrimination under Federal health care programs in qualifications for reimbursement for services

25 U.S.C. § 1647a

(a)

Requirement to satisfy generally applicable participation requirements—

(1)

In general— A Federal health care program must accept an entity that is operated by the Service, an Indian tribe, tribal organization, or urban Indian organization as a provider eligible to receive payment under the program for health care services furnished to an Indian on the same basis as any other provider qualified to participate as a provider of health care services under the program if the entity meets generally applicable State or other requirements for participation as a provider of health care services under the program.

(2)

Satisfaction of State or local licensure or recognition requirements— Any requirement for participation as a provider of health care services under a Federal health care program that an entity be licensed or recognized under the State or local law where the entity is located to furnish health care services shall be deemed to have been met in the case of an entity operated by the Service, an Indian tribe, tribal organization, or urban Indian organization if the entity meets all the applicable standards for such licensure or recognition, regardless of whether the entity obtains a license or other documentation under such State or local law. In accordance with section 1621t of this title, the absence of the licensure of a health professional employed by such an entity under the State or local law where the entity is located shall not be taken into account for purposes of determining whether the entity meets such standards, if the professional is licensed in another State.

(b)

Application of exclusion from participation in Federal health care programs—

(1)

Excluded entities— No entity operated by the Service, an Indian tribe, tribal organization, or urban Indian organization that has been excluded from participation in any Federal health care program or for which a license is under suspension or has been revoked by the State where the entity is located shall be eligible to receive payment or reimbursement under any such program for health care services furnished to an Indian.

(2)

Excluded individuals— No individual who has been excluded from participation in any Federal health care program or whose State license is under suspension shall be eligible to receive payment or reimbursement under any such program for health care services furnished by that individual, directly or through an entity that is otherwise eligible to receive payment for health care services, to an Indian.

(3)

Federal health care program defined— In this subsection, the term,¹ “Federal health care program” has the meaning given that term in section 1320a–7b(f) of title 42, except that, for purposes of this subsection, such term shall include the health insurance program under chapter 89 of title 5.

(c)

Related provisions— For provisions related to nondiscrimination against providers operated by the Service, an Indian tribe, tribal organization, or urban Indian organization, see section 1320b–9(c)² of title 42.

Footnotes

1 So in original. The comma probably should not appear.
2 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title IV, § 408, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

Section 1320b–9 of title 42, referred to in subsec. (c), relates to improved access to, and delivery of, health care for Indians under subchapters XIX and XXI of chapter 7 of Title 42, The Public Health and Welfare. Subsec. (c) of section 1320b–9 of Title 42 contains definitions of terms.

Codification

Section 408 of Pub. L. 94–437 is based on section 156 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.

§1647b. Access to Federal insurance

25 U.S.C. § 1647b

Notwithstanding the provisions of title 5, Executive order, or administrative regulation, an Indian tribe or tribal organization carrying out programs under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) or the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) or an urban Indian organization carrying out programs under subchapter IV of this chapter shall be entitled to purchase coverage, rights, and benefits for the employees of such Indian tribe or tribal organization, or urban Indian organization, under chapter 89 of title 5 and chapter 87 of such title if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with such Indian tribe or tribal organization, or urban Indian organization, are currently deposited in the applicable Employee’s Fund under such title.

Notes, amendments, and revision history

(Pub. L. 94–437, title IV, § 409, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935; amended Pub. L. 116–260, div. FF, title XI, § 1114, Dec. 27, 2020, 134 Stat. 3251.)

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see section 1 of Pub. L. 93–638, set out as a Short Title note under section 5301 of this title and Tables.

The Tribally Controlled Schools Act of 1988, referred to in text, is part B (§§ 5201–5212) of title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, which is classified generally to chapter 27 (§ 2501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

Codification

Section 409 of Pub. L. 94–437 is based on section 157 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.

Amendments

2020—Pub. L. 116–260 substituted “(25 U.S.C. 5301 et seq.) or the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.)” for “(25 U.S.C. 450 et seq.)”.

§1647c. General exceptions

25 U.S.C. § 1647c

The requirements of this subchapter shall not apply to any excepted benefits described in paragraph (1)(A) or (3) of section 300gg–91(c) of title 42.

Notes, amendments, and revision history

(Pub. L. 94–437, title IV, § 410, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 410 of Pub. L. 94–437 is based on section 158 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.

§1647d. Navajo Nation medicaid agency feasibility study

25 U.S.C. § 1647d

(a)

Study— The Secretary shall conduct a study to determine the feasibility of treating the Navajo Nation as a State for the purposes of title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], to provide services to Indians living within the boundaries of the Navajo Nation through an entity established having the same authority and performing the same functions as single-State medicaid agencies responsible for the administration of the State plan under title XIX of the Social Security Act.

(b)

Considerations— In conducting the study, the Secretary shall consider the feasibility of—

(1)

assigning and paying all expenditures for the provision of services and related administration funds, under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], to Indians living within the boundaries of the Navajo Nation that are currently paid to or would otherwise be paid to the State of Arizona, New Mexico, or Utah;

(2)

providing assistance to the Navajo Nation in the development and implementation of such entity for the administration, eligibility, payment, and delivery of medical assistance under title XIX of the Social Security Act;

(3)

providing an appropriate level of matching funds for Federal medical assistance with respect to amounts such entity expends for medical assistance for services and related administrative costs; and

(4)

authorizing the Secretary, at the option of the Navajo Nation, to treat the Navajo Nation as a State for the purposes of title XIX¹ of the Social Security Act (relating to the State children’s health insurance program) under terms equivalent to those described in paragraphs (2) through (4).²

(c)

Report— Not later then 3 years after March 23, 2010, the Secretary shall submit to the Committee on Indian Affairs and Committee on Finance of the Senate and the Committee on Natural Resources and Committee on Energy and Commerce of the House of Representatives a report that includes—

(1)

the results of the study under this section;

(2)

a summary of any consultation that occurred between the Secretary and the Navajo Nation, other Indian Tribes, the States of Arizona, New Mexico, and Utah, counties which include Navajo Lands, and other interested parties, in conducting this study;

(3)

projected costs or savings associated with establishment of such entity, and any estimated impact on services provided as described in this section in relation to probable costs or savings; and

(4)

legislative actions that would be required to authorize the establishment of such entity if such entity is determined by the Secretary to be feasible.

Footnotes

1 See References in Text note below.
2 So in original. Probably should be paragraphs “(1) through (3).”.

Notes, amendments, and revision history

(Pub. L. 94–437, title IV, § 411, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

The Social Security Act, referred to in subsecs. (a) and (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Title XIX of the Social Security Act (relating to the State children’s health insurance program), referred to in subsec. (b)(4), probably means title XXI of the Act, which is classified generally to subchapter XXI (§ 1397aa et seq.) of chapter 7 of Title 42 and relates to the State Children’s Health Insurance Program. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Codification

Section 411 of Pub. L. 94–437 is based on section 159 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.

§1651. Purpose

25 U.S.C. § 1651

The purpose of this subchapter is to establish programs in urban centers to make health services more accessible to urban Indians.

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 501, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4820.)

Editorial Notes

Prior Provisions

A prior section 1651, Pub. L. 94–437, title V, § 501, Sept. 30, 1976, 90 Stat. 1410; Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3176, related to Congressional statement of purpose, prior to the general revision of this subchapter by Pub. L. 100–713.

§1652. Contracts with, and grants to, urban Indian organizations

25 U.S.C. § 1652

(a)

In general— Pursuant to section 13 of this title, the Secretary, acting through the Service, shall enter into contracts with, or make grants to, urban Indian organizations to assist the urban Indian organizations in the establishment and administration, within urban centers, of programs that meet the requirements of this subchapter.

(b)

Conditions— Subject to section 1656 of this title, the Secretary, acting through the Service, shall include such conditions as the Secretary considers necessary to effect the purpose of this subchapter in any contract into which the Secretary enters with, or in any grant the Secretary makes to, any urban Indian organization pursuant to this subchapter.

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 502, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4820; amended Pub. L. 102–573, title V, § 501(a), Oct. 29, 1992, 106 Stat. 4567; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Amendment by Pub. L. 111–148 is based on section 163(b) 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 1652, Pub. L. 94–437, title V, § 502, Sept. 30, 1976, 90 Stat. 1410; Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3177, related to contracts with urban and rural Indian organizations, prior to the general revision of this subchapter by Pub. L. 100–713.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, text read as follows: “Under authority of section 13 of this title, the Secretary, through the Service, shall enter into contracts with, or make grants to, urban Indian organizations to assist such organizations in the establishment and administration, within the urban centers in which such organizations are situated, of programs which meet the requirements set forth in this subchapter. The Secretary, through the Service, shall include such conditions as the Secretary considers necessary to effect the purpose of this subchapter in any contract which the Secretary enters into with, or in any grant the Secretary makes to, any urban Indian organization pursuant to this subchapter.”

1992—Pub. L. 102–573 substituted “Contracts with, and grants to, urban Indian organizations” for “Contracts with urban Indian organizations” in section catchline, and in text substituted “contracts with, or make grants to,” for “contracts with” and inserted “, or in any grant the Secretary makes to,” after “enters into with”.

§1653. Contracts and grants for provision of health care and referral services

25 U.S.C. § 1653

(a)

Requirements— Under authority of section 13 of this title, the Secretary, through the Service, shall enter into contracts with, or make grants to, urban Indian organizations for the provision of health care and referral services for urban Indians residing in the urban centers in which such organizations are situated. Any such contract or grant shall include requirements that the urban Indian organization successfully undertake to—

(1)

estimate the population of urban Indians residing in the urban center in which such organization is situated who are or could be recipients of health care or referral services;

(2)

estimate the current health status of urban Indians residing in such urban center;

(3)

estimate the current health care needs of urban Indians residing in such urban center;

(4)

identify all public and private health services resources within such urban center which are or may be available to urban Indians;

(5)

determine the use of public and private health services resources by the urban Indians residing in such urban center;

(6)

assist such health services resources in providing services to urban Indians;

(7)

assist urban Indians in becoming familiar with and utilizing such health services resources;

(8)

provide basic health education, including health promotion and disease prevention education, to urban Indians;

(9)

establish and implement training programs to accomplish the referral and education tasks set forth in paragraphs (6) through (8) of this subsection;

(10)

identify gaps between unmet health needs of urban Indians and the resources available to meet such needs;

(11)

make recommendations to the Secretary and Federal, State, local, and other resource agencies on methods of improving health service programs to meet the needs of urban Indians; and

(12)

where necessary, provide, or enter into contracts for the provision of, health care services for urban Indians.

(b)

Criteria for selection of organizations to enter into contracts or receive grants— The Secretary, through the Service, shall by regulation prescribe the criteria for selecting urban Indian organizations to enter into contracts or receive grants under this section. Such criteria shall, among other factors, include—

(1)

the extent of unmet health care needs of urban Indians in the urban center involved;

(2)

the size of the urban Indian population in the urban center involved;

(3)

the accessibility to, and utilization of, health care services (other than services provided under this subchapter) by urban Indians in the urban center involved;

(4)

the extent, if any, to which the activities set forth in subsection (a) would duplicate—

(A)

any previous or current public or private health services project in an urban center that was or is funded in a manner other than pursuant to this subchapter; or

(B)

any project funded under this subchapter;

(5)

the capability of an urban Indian organization to perform the activities set forth in subsection (a) and to enter into a contract with the Secretary or to meet the requirements for receiving a grant under this section;

(6)

the satisfactory performance and successful completion by an urban Indian organization of other contracts with the Secretary under this subchapter;

(7)

the appropriateness and likely effectiveness of conducting the activities set forth in subsection (a) in an urban center; and

(8)

the extent of existing or likely future participation in the activities set forth in subsection (a) by appropriate health and health-related Federal, State, local, and other agencies.

(c)

Grants for health promotion and disease prevention services— The Secretary, acting through the Service, shall facilitate access to, or provide, health promotion and disease prevention services for urban Indians through grants made to urban Indian organizations administering contracts entered into pursuant to this section or receiving grants under subsection (a).

(d)

Grants for immunization services—

(1)

The Secretary, acting through the Service, shall facilitate access to, or provide, immunization services for urban Indians through grants made to urban Indian organizations administering contracts entered into pursuant to this section or receiving grants under subsection (a).

(2)

In making any grant to carry out this subsection, the Secretary shall take into consideration—

(A)

the size of the urban Indian population to be served;

(B)

the immunization levels of the urban Indian population, particularly the immunization levels of infants, children, and the elderly;

(C)

the utilization by the urban Indians of alternative resources from State and local governments for no-cost or low-cost immunization services to the general population; and

(D)

the capability of the urban Indian organization to carry out services pursuant to this subsection.

(3)

For purposes of this subsection, the term “immunization services” means services to provide without charge immunizations against vaccine-preventable diseases.

(e)

Grants for mental health services—

(1)

The Secretary, acting through the Service, shall facilitate access to, or provide, mental health services for urban Indians through grants made to urban Indian organizations administering contracts entered into pursuant to this section or receiving grants under subsection (a).

(2)

A grant may not be made under this subsection to an urban Indian organization until that organization has prepared, and the Service has approved, an assessment of the mental health needs of the urban Indian population concerned, the mental health services and other related resources available to that population, the barriers to obtaining those services and resources, and the needs that are unmet by such services and resources.

(3)

Grants may be made under this subsection—

(A)

to prepare assessments required under paragraph (2);

(B)

to provide outreach, educational, and referral services to urban Indians regarding the availability of direct mental health services, to educate urban Indians about mental health issues and services, and effect coordination with existing mental health providers in order to improve services to urban Indians;

(C)

to provide outpatient mental health services to urban Indians, including the identification and assessment of illness, therapeutic treatments, case management, support groups, family treatment, and other treatment; and

(D)

to develop innovative mental health service delivery models which incorporate Indian cultural support systems and resources.

(f)

Grants for prevention and treatment of child abuse—

(1)

The Secretary, acting through the Service, shall facilitate access to, or provide, services for urban Indians through grants to urban Indian organizations administering contracts entered into pursuant to this section or receiving grants under subsection (a) to prevent and treat child abuse (including sexual abuse) among urban Indians.

(2)

A grant may not be made under this subsection to an urban Indian organization until that organization has prepared, and the Service has approved, an assessment that documents the prevalence of child abuse in the urban Indian population concerned and specifies the services and programs (which may not duplicate existing services and programs) for which the grant is requested.

(3)

Grants may be made under this subsection—

(A)

to prepare assessments required under paragraph (2);

(B)

for the development of prevention, training, and education programs for urban Indian populations, including child education, parent education, provider training on identification and intervention, education on reporting requirements, prevention campaigns, and establishing service networks of all those involved in Indian child protection; and

(C)

to provide direct outpatient treatment services (including individual treatment, family treatment, group therapy, and support groups) to urban Indians who are child victims of abuse (including sexual abuse) or adult survivors of child sexual abuse, to the families of such child victims, and to urban Indian perpetrators of child abuse (including sexual abuse).

(4)

In making grants to carry out this subsection, the Secretary shall take into consideration—

(A)

the support for the urban Indian organization demonstrated by the child protection authorities in the area, including committees or other services funded under the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.), if any;

(B)

the capability and expertise demonstrated by the urban Indian organization to address the complex problem of child sexual abuse in the community; and

(C)

the assessment required under paragraph (2).

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 503, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4821; amended Pub. L. 101–630, title V, § 505, Nov. 28, 1990, 104 Stat. 4564; Pub. L. 102–573, title V, §§ 501(b)(1), 505(b)(1), Oct. 29, 1992, 106 Stat. 4567, 4570.)

Editorial Notes

References in Text

The Indian Child Welfare Act of 1978, referred to in subsec. (f)(4)(A), is Pub. L. 95–608, Nov. 8, 1978, 92 Stat. 3069, which is classified principally to chapter 21 (§ 1901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.

Prior Provisions

A prior section 1653, Pub. L. 94–437, title V, § 503, Sept. 30, 1976, 90 Stat. 1410; Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3177, related to contract eligibility, prior to the general revision of this subchapter by Pub. L. 100–713.

Amendments

1992—Pub. L. 102–573, § 501(b)(1)(G), inserted “and grants” in section catchline.

Subsec. (a). Pub. L. 102–573, § 501(b)(1)(A), inserted “, or make grants to,” after “contracts with” and “or grant” after “such contract”.

Subsec. (b). Pub. L. 102–573, § 501(b)(1)(B), inserted “or receive grants” after “enter into contracts” in introductory provisions and “or to meet the requirements for receiving a grant” after “Secretary” in par. (5).

Subsec. (c). Pub. L. 102–573, § 505(b)(1)(A), struck out par. (1) designation before “The Secretary, acting” and struck out par. (2) which authorized appropriation of $1,000,000 for fiscal year 1992 to carry out this subsec.

Subsec. (c)(1). Pub. L. 102–573, § 501(b)(1)(C), inserted before period at end “or receiving grants under subsection (a)”.

Subsec. (d)(1). Pub. L. 102–573, § 501(b)(1)(D), inserted before period at end “or receiving grants under subsection (a)”.

Subsec. (d)(4). Pub. L. 102–573, § 505(b)(1)(B), struck out par. (4) which authorized appropriation of $1,000,000 for fiscal year 1992 to carry out this subsec.

Subsec. (e)(1). Pub. L. 102–573, § 501(b)(1)(E), inserted before period at end “or receiving grants under subsection (a)”.

Subsec. (e)(4). Pub. L. 102–573, § 505(b)(1)(C), struck out par. (4) which authorized appropriations of $500,000 for fiscal year 1991 and $2,000,000 for fiscal year 1992 to carry out this subsec.

Subsec. (f)(1). Pub. L. 102–573, § 501(b)(1)(F), inserted “or receiving grants under subsection (a)” after “pursuant to this section”.

Subsec. (f)(5). Pub. L. 102–573, § 505(b)(1)(D), struck out par. (5) which authorized appropriations of $500,000 for fiscal year 1991 and $2,000,000 for fiscal year 1992 to carry out this subsec.

1990—Subsecs. (c) to (f). Pub. L. 101–630 added subsecs. (c) to (f).

Statutory Notes and Related Subsidiaries

Facilities Assessment

Pub. L. 101–630, title V, § 506(a), (b), Nov. 28, 1990, 104 Stat. 4566, directed the Secretary to conduct a survey of all facilities used by contractors under title V of the Indian Health Care Improvement Act (25 U.S.C. 1651 et seq.) and submit a report to Congress on the survey not later than one year after Nov. 28, 1990, containing information for each location on safety and building codes, lease restrictions and requirements, and an assessment of any building deficiencies and recommendations for improvements.

§1654. Contracts and grants for determination of unmet health care needs

25 U.S.C. § 1654

(a)

Authority— Under authority of section 13 of this title, the Secretary, through the Service, may enter into contracts with, or make grants to, urban Indian organizations situated in urban centers for which contracts have not been entered into, or grants have not been made, under section 1653 of this title. The purpose of a contract or grant made under this section shall be the determination of the matters described in subsection (b)(1) in order to assist the Secretary in assessing the health status and health care needs of urban Indians in the urban center involved and determining whether the Secretary should enter into a contract or make a grant under section 1653 of this title with respect to the urban Indian organization which the Secretary has entered into a contract with, or made a grant to, under this section.

(b)

Requirements— Any contract entered into, or grant made, by the Secretary under this section shall include requirements that—

(1)

the urban Indian organization successfully undertake to—

(A)

document the health care status and unmet health care needs of urban Indians in the urban center involved; and

(B)

with respect to urban Indians in the urban center involved, determine the matters described in clauses (2), (3), (4), and (8) of section 1653(b) of this title; and

(2)

the urban Indian organization complete performance of the contract, or carry out the requirements of the grant, within one year after the date on which the Secretary and such organization enter into such contract, or within one year after such organization receives such grant, whichever is applicable.

(c)

Renewal— The Secretary may not renew any contract entered into, or grant made, under this section.

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 504, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4822; amended Pub. L. 102–573, title V, § 501(b)(2), Oct. 29, 1992, 106 Stat. 4567.)

Editorial Notes

Prior Provisions

A prior section 1654, Pub. L. 94–437, title V, § 504, Sept. 30, 1976, 90 Stat. 1411; Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3178, related to other contract requirements, prior to the general revision of this subchapter by Pub. L. 100–713.

Amendments

1992—Pub. L. 102–573, § 501(b)(2)(D), inserted “and grants” in section catchline.

Subsec. (a). Pub. L. 102–573, § 501(b)(2)(A), added subsec. (a) and struck out former subsec. (a) which read as follows: “Under authority of section 13 of this title, the Secretary, through the Service, may enter into contracts with urban Indian organizations situated in urban centers for which contracts have not been entered into under section 1653 of this title. The purpose of a contract under this section shall be the determination of the matters described in subsection (b)(1) of this section in order to assist the Secretary in assessing the health status and health care needs of urban Indians in the urban center involved and determining whether the Secretary should enter into a contract under section 1653 of this title with the urban Indian organization with which the Secretary has entered into a contract under this section.”

Subsec. (b). Pub. L. 102–573, § 501(b)(2)(B), inserted “, or grant made,” after “contract entered into” in introductory provisions and substituted “, or carry out the requirements of the grant, within one year after the date on which the Secretary and such organization enter into such contract, or within one year after such organization receives such grant, whichever is applicable.” for “within one year after the date on which the Secretary and such organization enter into such contract.” in par. (2).

Subsec. (c). Pub. L. 102–573, § 501(b)(2)(C), inserted “, or grant made,” after “entered into”.

§1655. Evaluations; renewals

25 U.S.C. § 1655

(a)

Contract compliance and performance— The Secretary, through the Service, shall develop procedures to evaluate compliance with grant requirements under this subchapter and compliance with, and performance of contracts entered into by urban Indian organizations under this subchapter. Such procedures shall include provisions for carrying out the requirements of this section.

(b)

Annual onsite evaluation— The Secretary, through the Service, shall conduct an annual onsite evaluation of each urban Indian organization which has entered into a contract or received a grant under section 1653 of this title for purposes of determining the compliance of such organization with, and evaluating the performance of such organization under, such contract or the terms of such grant.

(c)

Noncompliance or unsatisfactory performance— If, as a result of the evaluations conducted under this section, the Secretary determines that an urban Indian organization has not complied with the requirements of a grant or complied with or satisfactorily performed a contract under section 1653 of this title, the Secretary shall, prior to renewing such contract or grant, attempt to resolve with such organization the areas of noncompliance or unsatisfactory performance and modify such contract or grant to prevent future occurrences of such noncompliance or unsatisfactory performance. If the Secretary determines that such noncompliance or unsatisfactory performance cannot be resolved and prevented in the future, the Secretary shall not renew such contract or grant with such organization and is authorized to enter into a contract or make a grant under section 1653 of this title with another urban Indian organization which is situated in the same urban center as the urban Indian organization whose contract or grant is not renewed under this section.

(d)

Contract and grant renewals— In determining whether to renew a contract or grant with an urban Indian organization under section 1653 of this title which has completed performance of a contract or grant under section 1654 of this title, the Secretary shall review the records of the urban Indian organization, the reports submitted under section 1657 of this title, and, in the case of a renewal of a contract or grant under section 1653 of this title, shall consider the results of the onsite evaluations conducted under subsection (b).

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 505, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4822; amended Pub. L. 102–573, title V, § 501(b)(3), Oct. 29, 1992, 106 Stat. 4568.)

Editorial Notes

Prior Provisions

A prior section 1655, Pub. L. 94–437, title V, § 505, Sept. 30, 1976, 90 Stat. 1412; Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3179, related to reports by urban Indian organizations and rural Indian organizations to Secretary, contents, audit of reports and records, prior to the general revision of this subchapter by Pub. L. 100–713.

Amendments

1992—Pub. L. 102–573, § 501(b)(3)(E), substituted “renewals” for “contract renewals” in section catchline.

Subsec. (a). Pub. L. 102–573, § 501(b)(3)(A), inserted “compliance with grant requirements under this subchapter and” before “compliance with, and”.

Subsec. (b). Pub. L. 102–573, § 501(b)(3)(B), inserted “or received a grant” after “entered into a contract” and “or the terms of such grant” before period at end.

Subsec. (c). Pub. L. 102–573, § 501(b)(3)(C), inserted “the requirements of a grant or complied with” after “has not complied with”, “or grant” after “such contract” wherever appearing, “or make a grant” after “enter into a contract”, and “or grant” after “whose contract”.

Subsec. (d). Pub. L. 102–573, § 501(b)(3)(D), inserted “or grant” after “a contract” wherever appearing.

§1656. Other contract and grant requirements

25 U.S.C. § 1656

(a)

Federal regulations; exceptions— Contracts with urban Indian organizations entered into pursuant to this subchapter shall be in accordance with all Federal contracting laws and regulations except that, in the discretion of the Secretary, such contracts may be negotiated without advertising and need not conform to the provisions of sections 3131 and 3133 of title 40.

(b)

Payment— Payments under any contracts or grants pursuant to this subchapter may be made in advance or by way of reimbursement and in such installments and on such conditions as the Secretary deems necessary to carry out the purposes of this subchapter.

(c)

Revision or amendment— Notwithstanding any provision of law to the contrary, the Secretary may, at the request or consent of an urban Indian organization, revise or amend any contract entered into by the Secretary with such organization under this subchapter as necessary to carry out the purposes of this subchapter.

(d)

Existing Government facilities— In connection with any contract or grant entered into pursuant to this subchapter, the Secretary may permit an urban Indian organization to utilize, in carrying out such contract or grant, existing facilities owned by the Federal Government within the Secretary’s jurisdiction under such terms and conditions as may be agreed upon for the use and maintenance of such facilities.

(e)

Uniform provision of services and assistance— Contracts with, or grants to, urban Indian organizations and regulations adopted pursuant to this subchapter shall include provisions to assure the fair and uniform provision to urban Indians of services and assistance under such contracts or grants by such organizations.

(f)

Eligibility for health care or referral services— Urban Indians, as defined in section 1603(f)¹ of this title, shall be eligible for health care or referral services provided pursuant to this subchapter.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 506, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4823; amended Pub. L. 102–573, title V, § 501(b)(4), Oct. 29, 1992, 106 Stat. 4568.)

Editorial Notes

References in Text

Section 1603(f) of this title, referred to in subsec. (f), was redesignated section 1603(28) of this title by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.

Codification

“Sections 3131 and 3133 of title 40” substituted in subsec. (a) for “the Act of August 24, 1935 (40 U.S.C. 270a, et seq.)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Prior Provisions

A prior section 1656, Pub. L. 94–437, title V, § 506, Sept. 30, 1976, 90 Stat. 1412; Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3179, authorized appropriations, prior to the general revision of this subchapter by Pub. L. 100–713.

Amendments

1992—Pub. L. 102–573, § 501(b)(4)(D), inserted “and grant” in section catchline.

Subsec. (b). Pub. L. 102–573, § 501(b)(4)(A), inserted “or grants” after “any contracts”.

Subsec. (d). Pub. L. 102–573, § 501(b)(4)(B), inserted “or grant” after “contract” in two places.

Subsec. (e). Pub. L. 102–573, § 501(b)(4)(C), inserted “, or grants to,” after “Contracts with” and “or grants” after “such contracts”.

§1657. Reports and records

25 U.S.C. § 1657

(a)

Quarterly reports— For each fiscal year during which an urban Indian organization receives or expends funds pursuant to a contract entered into, or a grant received, pursuant to this subchapter, such organization shall submit to the Secretary a quarterly report including—

(1)

in the case of a contract or grant under section 1653 of this title, information gathered pursuant to clauses (10) and (11) of subsection (a) of such section;

(2)

information on activities conducted by the organization pursuant to the contract or grant;

(3)

an accounting of the amounts and purposes for which Federal funds were expended; and

(4)

such other information as the Secretary may request.

(b)

Audit by Secretary and Comptroller General— The reports and records of the urban Indian organization with respect to a contract or grant under this subchapter shall be subject to audit by the Secretary and the Comptroller General of the United States.

(c)

Cost of annual private audit— The Secretary shall allow as a cost of any contract or grant entered into under section 1653 of this title the cost of an annual private audit conducted by a certified public accountant.

(d)

Health status, services, and areas of unmet needs; child welfare—

(1)

The Secretary, acting through the Service, shall submit a report to the Congress not later than March 31, 1992, evaluating—

(A)

the health status of urban Indians;

(B)

the services provided to Indians through this subchapter;

(C)

areas of unmet needs in urban areas served under this subchapter; and

(D)

areas of unmet needs in urban areas not served under this subchapter.

(2)

In preparing the report under paragraph (1), the Secretary shall consult with urban Indian health providers and may contract with a national organization representing urban Indian health concerns to conduct any aspect of the report.

(3)

The Secretary and the Secretary of the Interior shall—

(A)

assess the status of the welfare of urban Indian children, including the volume of child protection cases, the prevalence of child sexual abuse, and the extent of urban Indian coordination with tribal authorities with respect to child sexual abuse; and

(B)

submit a report on the assessment required under subparagraph (A), together with recommended legislation to improve Indian child protection in urban Indian populations, to the Congress no later than March 31, 1992.

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 507, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4823; amended Pub. L. 101–630, title V, § 507, Nov. 28, 1990, 104 Stat. 4566; Pub. L. 102–573, title V, § 501(b)(5), Oct. 29, 1992, 106 Stat. 4568.)

Editorial Notes

Prior Provisions

A prior section 1657, Pub. L. 94–437, title V, § 507, Sept. 30, 1976, 90 Stat. 1412; Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3179, related to review of program by Secretary and report to Congress, prior to the general revision of this subchapter by Pub. L. 100–713.

Amendments

1992—Subsec. (a). Pub. L. 102–573, § 501(b)(5)(A), inserted “, or a grant received,” after “entered into” in introductory provisions and “or grant” after “contract” in pars. (1) and (2).

Subsecs. (b), (c). Pub. L. 102–573, § 501(b)(5)(B), inserted “or grant” after “contract”.

1990—Subsec. (d). Pub. L. 101–630 added subsec. (d).

§1658. Limitation on contract authority

25 U.S.C. § 1658

The authority of the Secretary to enter into contracts under this subchapter shall be to the extent, and in an amount, provided for in appropriation Acts.

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 508, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4824.)

Editorial Notes

Prior Provisions

A prior section 1658, Pub. L. 94–437, title V, § 508, Sept. 30, 1976, 90 Stat. 1412, provided that not to exceed 1 per centum of the amounts authorized by section 1656 of this title be available for not to exceed two pilot projects providing outreach services to eligible Indians residing in rural communities near Indian reservations, prior to the general revision of this subchapter by Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3176.

§1659. Facilities renovation

25 U.S.C. § 1659

The Secretary may make funds available to contractors or grant recipients under this subchapter for renovations to facilities or construction or expansion of facilities, including leased facilities.

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 509, formerly § 409, as added Pub. L. 101–630, title V, § 506(c), Nov. 28, 1990, 104 Stat. 4566; renumbered § 509 and amended Pub. L. 102–573, title V, §§ 501(b)(6), 505(b)(2), title IX, § 902(5)(A), Oct. 29, 1992, 106 Stat. 4569, 4571, 4591; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935; Pub. L. 117–58, div. G, title XI, § 71104, Nov. 15, 2021, 135 Stat. 1326.)

Editorial Notes

Codification

Amendment by Pub. L. 111–148 is based on section 161 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.

Amendments

2021—Pub. L. 117–58 struck out “minor” before “renovations” and “, to assist such contractors or grant recipients in meeting or maintaining the Joint Commission for Accreditation of Health Care Organizations (JCAHO) standards” before period at end.

2010—Pub. L. 111–148 inserted “or construction or expansion of facilities” after “renovations to facilities”.

1992—Pub. L. 102–573, § 902(5)(A), made technical amendment to section catchline.

Pub. L. 102–573, § 505(b)(2), struck out last sentence which authorized appropriation of $1,000,000 for fiscal year 1992 to carry out this section.

Pub. L. 102–573, § 501(b)(6), inserted “or grant recipients” after “contractors” in two places.

§1660. Urban Health Programs Branch

25 U.S.C. § 1660

(a)

Establishment— There is hereby established within the Service a Branch of Urban Health Programs which shall be responsible for carrying out the provisions of this subchapter and for providing central oversight of the programs and services authorized under this subchapter.

(b)

Staff, services, and equipment— The Secretary shall appoint such employees to work in the branch, including a program director, and shall provide such services and equipment, as may be necessary for it to carry out its responsibilities. The Secretary shall also analyze the need to provide at least one urban health program analyst for each area office of the Indian Health Service and shall submit his findings to the Congress as a part of the Department’s fiscal year 1993 budget request.

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 510, formerly § 511, as added Pub. L. 101–630, title V, § 508, Nov. 28, 1990, 104 Stat. 4567; renumbered § 510 and amended Pub. L. 102–573, title V, § 501(b)(7), title IX, § 902(5)(B), Oct. 29, 1992, 106 Stat. 4569, 4591.)

Editorial Notes

Amendments

1992—Pub. L. 102–573, § 902(5)(B), made technical amendment to section catchline.

Subsec. (a). Pub. L. 102–573, § 501(b)(7), inserted “and for providing central oversight of the programs and services authorized under this subchapter” before period at end.

§1660a. Grants for alcohol and substance abuse related services

25 U.S.C. § 1660a

(a)

Grants— The Secretary may make grants for the provision of health-related services in prevention of, treatment of, rehabilitation of, or school and community-based education in, alcohol and substance abuse in urban centers to those urban Indian organizations with whom the Secretary has entered into a contract under this subchapter or under section 1621 of this title.

(b)

Goals of grant— Each grant made pursuant to subsection (a) shall set forth the goals to be accomplished pursuant to the grant. The goals shall be specific to each grant as agreed to between the Secretary and the grantee.

(c)

Criteria— The Secretary shall establish criteria for the grants made under subsection (a), including criteria relating to the—

(1)

size of the urban Indian population;

(2)

accessibility to, and utilization of, other health resources available to such population;

(3)

duplication of existing Service or other Federal grants or contracts;

(4)

capability of the organization to adequately perform the activities required under the grant;

(5)

satisfactory performance standards for the organization in meeting the goals set forth in such grant, which standards shall be negotiated and agreed to between the Secretary and the grantee on a grant-by-grant basis; and

(6)

identification of need for services.

The Secretary shall develop a methodology for allocating grants made pursuant to this section based on such criteria.

(d)

Treatment of funds received by urban Indian organizations— Any funds received by an urban Indian organization under this chapter for substance abuse prevention, treatment, and rehabilitation shall be subject to the criteria set forth in subsection (c).

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 511, as added Pub. L. 102–573, title V, § 502, Oct. 29, 1992, 106 Stat. 4569.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (d), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

Prior Provisions

A prior section 511 of Pub. L. 94–437 was renumbered section 510 and is classified to section 1660 of this title.

§1660b. Treatment of certain demonstration projects

25 U.S.C. § 1660b

Notwithstanding any other provision of law, the Tulsa Clinic and Oklahoma City Clinic demonstration projects shall—

(1)

be permanent programs within the Service’s direct care program;

(2)

continue to be treated as Service units and operating units in the allocation of resources and coordination of care; and

(3)

continue to meet the requirements and definitions of an urban Indian organization in this chapter, and shall not be subject to the provisions of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).¹

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 512, as added Pub. L. 102–573, title V, § 503, Oct. 29, 1992, 106 Stat. 4569; amended Pub. L. 105–256, § 4(b), Oct. 14, 1998, 112 Stat. 1897; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

This chapter, referred to in par. (3), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in par. (3), 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

Amendment by Pub. L. 111–148 is based on sections 101(b)(8) and 162 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 were enacted into law by section 10221(a) of Pub. L. 111–148.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to treatment of certain demonstration projects as Service units in the allocation of resources and coordination of care.

Subsec. (c). Pub. L. 111–148 struck out subsec. (c), which authorized appropriations to carry out this section through fiscal year 2002, prior to general amendment of section. See above.

1998—Subsec. (c). Pub. L. 105–256 added subsec. (c).

Statutory Notes and Related Subsidiaries

Permanent Programs Under the Direct Care Program of the Indian Health Service

Pub. L. 108–447, div. E, title II, Dec. 8, 2004, 118 Stat. 3087, provided in part that: “Notwithstanding any other provision of law, the Tulsa and Oklahoma City Clinic demonstration projects shall be permanent programs under the direct care program of the Indian Health Service; shall be treated as service units and operating units in the allocation of resources and coordination of care; shall continue to meet the requirements applicable to an Urban Indian organization under this title [title II of div. E of Pub. L. 108–447, see Tables for classification]; and shall not be subject to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) [now 25 U.S.C. 5301 et seq.].”

Extension of Terms of Projects

Pub. L. 105–256, § 4(a), Oct. 14, 1998, 112 Stat. 1897, provided for extension of terms of projects referred to in section 1660b of this title to Oct. 1, 2002.

§1660c. Urban NIAAA transferred programs

25 U.S.C. § 1660c

(a)

Duty of Secretary— The Secretary shall, within the Branch of Urban Health Programs of the Service, make grants or enter into contracts for the administration of urban Indian alcohol programs that were originally established under the National Institute on Alcoholism and Alcohol Abuse (hereafter in this section referred to as “NIAAA”) and transferred to the Service.

(b)

Use of grants— Grants provided or contracts entered into under this section shall be used to provide support for the continuation of alcohol prevention and treatment services for urban Indian populations and such other objectives as are agreed upon between the Service and a recipient of a grant or contract under this section.

(c)

Eligibility for grants— Urban Indian organizations that operate Indian alcohol programs originally funded under NIAAA and subsequently transferred to the Service are eligible for grants or contracts under this section.

(d)

Combination of funds— For the purpose of carrying out this section, the Secretary may combine NIAAA alcohol funds with other substance abuse funds currently administered through the Branch of Urban Health Programs of the Service.

(e)

Evaluation and report to Congress— The Secretary shall evaluate and report to the Congress on the activities of programs funded under this section at least every 5 years.

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 513, as added Pub. L. 102–573, title V, § 504, Oct. 29, 1992, 106 Stat. 4570; amended Pub. L. 105–362, title VI, § 602(a), Nov. 10, 1998, 112 Stat. 3286.)

Editorial Notes

Amendments

1998—Subsec. (e). Pub. L. 105–362 substituted “every 5 years” for “every two years”.

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (e) of this section relating to reporting to Congress on the activities of programs funded under this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 97 of House Document No. 103–7.

§1660d. Conferring with urban Indian organizations

25 U.S.C. § 1660d

(a)

Definition of confer— In this section, the term “confer” means to engage in an open and free exchange of information and opinions that—

(1)

leads to mutual understanding and comprehension; and

(2)

emphasizes trust, respect, and shared responsibility.

(b)

Requirement— The Secretary shall ensure that the Service confers, to the maximum extent practicable, with urban Indian organizations in carrying out this chapter.

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 514, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

Codification

Section 514 of Pub. L. 94–437 is based on section 163(a) 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 1660d, Pub. L. 94–437, title V, § 514, as added Pub. L. 102–573, title V, § 505(a), Oct. 29, 1992, 106 Stat. 4570, 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 by Pub. L. 111–148 is based on section 101(b)(9) 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.

§1660e. Expanded program authority for urban Indian organizations

25 U.S.C. § 1660e

Notwithstanding any other provision of this chapter, the Secretary, acting through the Service, is authorized to establish programs, including programs for awarding grants, for urban Indian organizations that are identical to any programs established pursuant to sections 1621q, 1665a, and 1665g(g) of this title.

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 515, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

Codification

Section 515 of Pub. L. 94–437 is based on section 164 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.

§1660f. Community Health Representatives

25 U.S.C. § 1660f

The Secretary, acting through the Service, may enter into contracts with, and make grants to, urban Indian organizations for the employment of Indians trained as health service providers through the Community Health Representative Program under section 1616 of this title in the provision of health care, health promotion, and disease prevention services to urban Indians.

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 516, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 516 of Pub. L. 94–437 is based on section 165 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.

§1660g. Use of Federal Government facilities and sources of supply

25 U.S.C. § 1660g

(a)

In general— The Secretary may permit an urban Indian organization that has entered into a contract or received a grant pursuant to this subchapter, in carrying out the contract or grant, to use, in accordance with such terms and conditions for use and maintenance as are agreed on by the Secretary and the urban Indian organizations—

(1)

any existing facility under the jurisdiction of the Secretary;

(2)

all equipment contained in or pertaining to such an existing facility; and

(3)

any other personal property of the Federal Government under the jurisdiction of the Secretary.

(b)

Donations— Subject to subsection (d), the Secretary may donate to an urban Indian organization that has entered into a contract or received a grant pursuant to this subchapter any personal or real property determined to be excess to the needs of the Service or the General Services Administration for the purposes of carrying out the contract or grant.

(c)

Acquisition of property— The Secretary may acquire excess or surplus personal or real property of the Federal Government for donation, subject to subsection (d), to an urban Indian organization that has entered into a contract or received a grant pursuant to this subchapter if the Secretary determines that the property is appropriate for use by the urban Indian organization for purposes of the contract or grant.

(d)

Priority— If the Secretary receives from an urban Indian organization or an Indian tribe or tribal organization a request for a specific item of personal or real property described in subsection (b) or (c), the Secretary shall give priority to the request for donation to the Indian tribe or tribal organization, if the Secretary receives the request from the Indian tribe or tribal organization before the earlier of—

(1)

the date on which the Secretary transfers title to the property to the urban Indian organization; and

(2)

the date on which the Secretary transfers the property physically to the urban Indian organization.

(e)

Executive agency status— For purposes of section 501(a) of title 40, an urban Indian organization that has entered into a contract or received a grant pursuant to this subchapter may be considered to be an Executive agency in carrying out the contract or grant.

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 517, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 517 of Pub. L. 94–437 is based on section 166 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.

§1660h. Health information technology

25 U.S.C. § 1660h

The Secretary, acting through the Service, may make grants to urban Indian organizations under this subchapter for the development, adoption, and implementation of health information technology (as defined in section 300jj of title 42), telemedicine services development, and related infrastructure.

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 518, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

Codification

Section 518 of Pub. L. 94–437 is based on section 166 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.

§1660i. Deeming an Urban Indian organization and employees thereof to be a part of the public health service for the purposes of certain claims for personal injury

25 U.S.C. § 1660i

Section 5321(d) of this title shall apply—

(1)

to an Urban Indian organization to the same extent and in the same manner as such section applies to an Indian tribe, a tribal organization, and an Indian contractor; and

(2)

to the employees of an Urban Indian organization to the same extent and in the same manner as such section applies to employees of an Indian tribe, a tribal organization, or an Indian contractor.

Notes, amendments, and revision history

(Pub. L. 94–437, title V, § 519, as added Pub. L. 116–313, § 1, Jan. 5, 2021, 134 Stat. 4929.)

§1661. Establishment of the Indian Health Service as an agency of the Public Health Service

25 U.S.C. § 1661

(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, as are or may be on and after November 23, 1988, provided by Federal statute or treaties, there is established within the Public Health Service of the Department the Indian Health Service.

(2)

Director— The Service shall be administered by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report to the Secretary. Effective with respect to an individual appointed by the President, by and with the advice and consent of the Senate, after January 1, 2008, the term of service of the Director shall be 4 years. A Director may serve more than 1 term.

(3)

Incumbent— The individual serving in the position of Director of the Service on the day before March 23, 2010, shall serve as Director.

(4)

Advocacy and consultation— The position of Director 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.

(b)

Agency— The Service shall be an agency within the Public Health Service of the Department, and shall not be an office, component, or unit of any other agency of the Department.

(c)

Duties— The Director shall—

(1)

perform all functions that were, on the day before March 23, 2010, carried out by or under the direction of the individual serving as Director of the Service on that day;

(2)

perform all functions of the Secretary relating to the maintenance and operation of hospital and health facilities for Indians and the planning for, and provision and utilization of, health services for Indians, including by ensuring that all agency directors, managers, and chief executive officers have appropriate and adequate training, experience, skill levels, knowledge, abilities, and education (including continuing training requirements) to competently fulfill the duties of the positions and the mission of the Service;

(3)

administer all health programs under which health care is provided to Indians based upon their status as Indians which are administered by the Secretary, including programs under—

(A)

this chapter;

(B)

section 13 of this title;

(C)

the Act of August 5, 1954 (42 U.S.C. 2001 et seq.);

(D)

the Act of August 16, 1957 (42 U.S.C. 2005 et seq.); and

(E)

the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.);¹

(4)

administer all scholarship and loan functions carried out under subchapter I;

(5)

directly advise the Secretary concerning the development of all policy- and budget-related matters affecting Indian health;

(6)

collaborate with the Assistant Secretary for Health concerning appropriate matters of Indian health that affect the agencies of the Public Health Service;

(7)

advise each Assistant Secretary of the Department concerning matters of Indian health with respect to which that Assistant Secretary has authority and responsibility;

(8)

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;

(9)

coordinate the activities of the Department concerning matters of Indian health; and

(10)

perform such other functions as the Secretary may designate.

(d)

Authority—

(1)

In general— The Secretary, acting through the Director, shall have the authority—

(A)

except to the extent provided for in paragraph (2), to appoint and compensate employees for the Service in accordance with title 5;

(B)

to enter into contracts for the procurement of goods and services to carry out the functions of the Service; and

(C)

to manage, expend, and obligate all funds appropriated for the Service.

(2)

Personnel actions— Notwithstanding any other provision of law, the provisions of section 5116 of this title,² shall apply to all personnel actions taken with respect to new positions created within the Service as a result of its establishment under subsection (a).

Footnotes

1 See References in Text note below.
2 So in original. The comma probably should not appear.

Notes, amendments, and revision history

(Pub. L. 94–437, title VI, § 601, as added Pub. L. 100–713, title VI, § 601(a), Nov. 23, 1988, 102 Stat. 4824; amended Pub. L. 102–573, title VI, §§ 601, 602(a)(1), (c), title IX, § 902(6), (7), Oct. 29, 1992, 106 Stat. 4571, 4592; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (c)(3)(A), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

Act of August 5, 1954, referred to in subsec. (c)(3)(C), is act Aug. 5, 1954, ch. 658, 68 Stat. 674, which is classified generally to subchapter I (§ 2001 et seq.) of chapter 22 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables.

Act of August 16, 1957, referred to in subsec. (c)(3)(D), is Pub. L. 85–151, Aug. 16, 1957, 71 Stat. 370, which is classified generally to subchapter II (§ 2005 et seq.) of chapter 22 of Title 42. For complete classification of this Act to the Code, see Tables.

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (c)(3)(E), 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

Amendment by Pub. L. 111–148 is based on section 171 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.

“On and after November 23, 1988,”, referred to in subsec. (a)(1), was in the original “hereafter” and was translated as meaning the date of enactment of Pub. L. 100–713 which added this section rather than the date of enactment of Pub. L. 111–148, which amended this section generally, to reflect the probable intent of Congress.

Prior Provisions

A prior section 1661, Pub. L. 94–437, title VI, § 601, Sept. 30, 1976, 90 Stat. 1412, related to feasibility study and report to Congress, prior to the general revision of this subchapter by Pub. L. 100–713.

Amendments

2010—Pub. L. 111–148 amended section generally, revising and restating provisions relating to establishment of the Indian Health Service as an agency of the Public Health Service and inserting additional provisions relating to responsibilities of the Director.

1992—Subsec. (a). Pub. L. 102–573, § 602(c), inserted at end “Effective with respect to an individual appointed by the President, by and with the advice and consent of the Senate, after January 1, 1993, the term of service of the Director shall be 4 years. A Director may serve more than 1 term.”

Pub. L. 102–573, § 602(a)(1), substituted “President, by and with the advice and consent of the Senate” for “Secretary” in second sentence.

Subsec. (c)(3)(D). Pub. L. 102–573, § 902(6), substituted “(42 U.S.C. 2005 et seq.)” for “(25 U.S.C. 2005, et seq.)”.

Subsec. (c)(4). Pub. L. 102–573, § 601, added par. (4).

Subsec. (d)(1)(C). Pub. L. 102–573, § 902(7), substituted “appropriated” for “appropriate”.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–573, title VI, § 602(a)(2), Oct. 29, 1992, 106 Stat. 4571, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect January 1, 1993.”

Effective Date

Pub. L. 100–713, title VI, § 601(c), Nov. 23, 1988, 102 Stat. 4826, provided that: Except as provided in paragraph (2), section 601 of the Indian Health Care Improvement Act [this section] added by subsection (a) of this section shall take effect 9 months from the date of the enactment of this section [Nov. 23, 1988]. Notwithstanding subsections (b) [set out below] and (c)(1), any action which carries out such section 601 that is taken by the Secretary before the effective date of such section 601 shall be effective beginning on the date such action was taken.”

Interim Appointment

Pub. L. 102–573, title VI, § 602(b), Oct. 29, 1992, 106 Stat. 4571, authorized the President to appoint an individual to serve as Interim Director of the Service from Jan. 1, 1993, until confirmation of a Director.

Transfer of Personnel, Records, Equipment, Etc., to Indian Health Service

Pub. L. 100–713, title VI, § 601(b), Nov. 23, 1988, 102 Stat. 4826, provided for the transfer within 9 months of Nov. 23, 1988, of personnel, records, equipment, facilities, and interests in property of the Indian Health Service to the Indian Health Service established by Pub. L. 100–713.