--- kind: "section" citation: "42 U.S.C. § 290aa–5a" title: "42" title_heading: "The Public Health and Welfare" number: "290aa–5a" heading: "Behavioral health and substance use disorder resources for Native Americans" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/290aa-5a" units: - "Chapter 6A — Public Health Service" - "Subchapter III–A — Substance Abuse and Mental Health Services Administration" - "Part A — Organization and General Authorities" --- # §290aa–5a. Behavioral health and substance use disorder resources for Native Americans - (a) **Definitions—** In this section: - (1) The term “eligible entity” means any health [program](/usc/42/274l–1.md?p=4) administered directly by the Indian Health [Service](/usc/42/201.md?p=a), a Tribal health [program](/usc/42/274l–1.md?p=4), an Indian Tribe, a Tribal organization, an Urban Indian organization, and a Native Hawaiian health organization. - (2) The terms “Indian Tribe”, “Tribal health [program](/usc/42/274l–1.md?p=4)”, “Tribal organization”, and “Urban Indian organization” have the meanings given to the terms “Indian tribe”, “Tribal[^1] health [program](/usc/42/274l–1.md?p=4)”, “tribal organization”, and “Urban Indian organization” in [section 1603 of title 25](/usc/25/1603.md). - (3) The term “health [program](/usc/42/274l–1.md?p=4) administered directly by the Indian Health [Service](/usc/42/201.md?p=a)” means a “health [program](/usc/42/274l–1.md?p=4) administered by the [Service](/usc/42/201.md?p=a)”[^2] as such term is used in [section 1603(12)(A) of title 25](/usc/25/1603.md?p=12-A). - (4) The term “Native Hawaiian health organization” means “Papa Ola Lokahi” as defined in [section 11711 of this title](/usc/42/11711.md). - (b) **Grant program—** - (1) **In general—** The [Secretary](/usc/42/201.md?p=c), acting through the Assistant [Secretary](/usc/42/201.md?p=c) for Mental Health and Substance Use, and in consultation with the [Director](/usc/42/11851.md?p=5) of the Indian Health [Service](/usc/42/201.md?p=a), as appropriate, shall award funds to eligible entities, in amounts developed in accordance with [paragraph (2)](#b-2), to be used by the eligible entity to provide [services](/usc/42/201.md?p=a) for the prevention of, [treatment](/usc/42/11851.md?p=11) of, and recovery from mental health and substance use disorders among American Indians, Alaska Natives, and Native Hawaiians. - (2) **Formula—** The [Secretary](/usc/42/201.md?p=c), in consultation with the [Director](/usc/42/11851.md?p=5) of the Indian Health [Service](/usc/42/201.md?p=a), using the process described in [subsection (d)](#d), shall develop a formula to determine the amount of an award under [paragraph (1)](#b-1). - (3) **Delivery of funds—** On request from an Indian Tribe or Tribal organization, the [Secretary](/usc/42/201.md?p=c), acting through the Assistant [Secretary](/usc/42/201.md?p=c) for Mental Health and Substance Use and in coordination with the [Director](/usc/42/11851.md?p=5) of the Indian Health [Service](/usc/42/201.md?p=a), may award funds under this section through a contract or [compact](/usc/42/2021b.md?p=4) under, as applicable, title I or V of the Indian Self-Determination and Education Assistance Act. - (c) **Technical assistance and program evaluation—** - (1) **In general—** The [Secretary](/usc/42/201.md?p=c) shall— - (A) provide technical assistance to applicants and awardees under this section; and - (B) in consultation with Indian Tribes and Tribal organizations, conference with Urban Indian organizations, and engagement with a Native Hawaiian health organization, identify and establish appropriate mechanisms for Indian Tribes and Tribal organizations, Urban Indian organizations, and a Native Hawaiian health organization to demonstrate outcomes and report data as required for participation in the [program](/usc/42/274l–1.md?p=4) under this section. - (2) **Data submission and reporting—** As a condition of receipt of funds under this section, an applicant shall agree to submit [program](/usc/42/274l–1.md?p=4) evaluation data and reports consistent with the data submission and reporting requirements developed under this subsection. - (d) **Consultation—** The [Secretary](/usc/42/201.md?p=c) shall, using an accountable process, consult with Indian Tribes and Tribal organizations, confer with Urban Indian organizations, and engage with a Native Hawaiian health organization regarding the development of funding [allocations](/usc/42/2021b.md?p=2) pursuant to [subsection (b)(2)](#b-2) and [program](/usc/42/274l–1.md?p=4) evaluation and reporting requirements pursuant to [subsection (c)](#c). In establishing such requirements, the [Secretary](/usc/42/201.md?p=c) shall seek to minimize administrative burden for eligible entities, as practicable. - (e) **Application—** An entity desiring an award under [subsection (b)](#b) shall submit an application to the [Secretary](/usc/42/201.md?p=c) at such time, in such manner, and accompanied by such information as the [Secretary](/usc/42/201.md?p=c) may reasonably require. - (f) **Report—** Not later than 3 years after December 29, 2022, the [Secretary](/usc/42/201.md?p=c) shall prepare and submit, to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report describing the [services](/usc/42/201.md?p=a) provided pursuant to this section. - (g) **Authorization of appropriations—** There are authorized to be appropriated to carry out this section, $80,000,000 for each of fiscal years 2023 through 2027. ## Footnotes [^1]: So in original. Probably should be “tribal”. [^2]: So in original. Probably should be “ ‘health program administered directly by the Service’ ”. ## Source credit (July 1, 1944, ch. 373, title V, § 506A, as added Pub. L. 106–310, div. B, title XXXIII, § 3306, Oct. 17, 2000, 114 Stat. 1215; amended Pub. L. 117–328, div. FF, title I, § 1201, Dec. 29, 2022, 136 Stat. 5659.) ## Notes ### Editorial Notes ### References in Text The Indian Self-Determination and Education Assistance Act, referred to in subsec. (b)(3), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203. Title I of the Act, also known as the Indian Self-Determination Act, is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of Title 25, Indians. Title V of the Act is classified generally to subchapter V (§ 5381 et seq.) of such chapter. 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 Title 25 and Tables. ### Amendments 2022—Pub. L. 117–328 amended section generally. Prior to amendment, section related to alcohol and drug prevention or treatment services for Indians and Native Alaskans.