25 U.S.C. § 1601 — Congressional findings

Page 240 TITLE 25—INDIANS § 1601 Sec. 1655. Evaluations; renewals. 1656. Other contract and grant requirements. 1657. Reports and records. 1658. Limitation on contract authority. 1659. Facilities renovation. 1660. Urban Health Programs Branch. 1660a. Grants for alcohol and substance abuse re- lated services. 1660b. Treatment of certain demonstration projects. 1660c. Urban NIAAA transferred programs. 1660d. Conferring with urban Indian organizations. 1660e. Expanded program authority for urban Indian organizations. 1660f. Community Health Representatives. 1660g. Use of Federal Government facilities and sources of supply. 1660h. Health information technology. 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. SUBCHAPTER V—ORGANIZATIONAL IMPROVEMENTS 1661. Establishment of the Indian Health Service as an agency of the Public Health Service. 1662. Automated management information system. 1663. Office of Direct Service Tribes. 1663a. Nevada Area Office. SUBCHAPTER V–A—BEHAVIORAL HEALTH PROGRAMS PART A—GENERAL PROGRAMS 1665. Definitions. 1665a. Behavioral health prevention and treatment services. 1665b. Memoranda of agreement with the Depart- ment of the Interior. 1665c. Comprehensive behavioral health prevention and treatment program. 1665d. Mental health technician program. 1665e. Licensing requirement for mental health care workers. 1665f. Indian women treatment programs. 1665g. Indian youth program. 1665h. Inpatient and community-based mental health facilities design, construction, and staffing. 1665i. Training and community education. 1665j. Behavioral health program. 1665k. Fetal alcohol spectrum disorders programs. 1665l. Child sexual abuse prevention and treatment programs. 1665m. Domestic and sexual violence prevention and treatment. 1665n. Behavioral health research. PART B—INDIAN YOUTH SUICIDE PREVENTION 1667. Findings and purpose. 1667a. Definitions. 1667b. Indian youth telemental health demonstra- tion project. 1667c. Substance abuse and mental health services Administration grants. 1667d. Use of predoctoral psychology and psychiatry interns. 1667e. Indian youth life skills development dem- onstration program. SUBCHAPTER VI—MISCELLANEOUS 1671. Reports. 1672. Regulations. 1673. Repealed. 1674. Leases with Indian tribes. 1675. Confidentiality of medical quality assurance records; qualified immunity for partici- pants. 1676. Limitation on use of funds appropriated to In- dian Health Service. Sec. 1677. Nuclear resource development health hazards. 1678. Arizona as contract health service delivery area. 1678a. North Dakota and South Dakota as contract health service delivery area. 1679. Eligibility of California Indians. 1680. California as a contract health service deliv- ery area. 1680a. Contract health facilities. 1680b. National Health Service Corps. 1680c. Health services for ineligible persons. 1680d. Infant and maternal mortality; fetal alcohol syndrome. 1680e. Contract health services for the Trenton Service Area. 1680f. Indian Health Service and Department of Veterans Affairs health facilities and serv- ices sharing. 1680g. Reallocation of base resources. 1680h. Demonstration projects for tribal manage- ment of health care services. 1680i. Child sexual abuse treatment programs. 1680j. Tribal leasing. 1680k. Repealed. 1680l. Shared services for long-term care. 1680m. Results of demonstration projects. 1680n. Priority for Indian reservations. 1680o. Authorization of appropriations. 1680p. Annual budget submission. 1680q. Prescription drug monitoring. 1680r. Tribal health program option for cost shar- ing. 1680s. Disease and injury prevention report. 1680t. Other GAO reports. 1680u. Traditional health care practices. 1680v. Director of HIV/AIDS Prevention and Treat- ment. 1681. Omitted. 1682. Subrogation of claims by Indian Health Serv- ice. 1683. Indian Catastrophic Health Emergency Fund. 1684. Emergency plan for Indian safety and health. 1685. Service of traditional foods in public facili- ties. GENERAL PROVISIONS § 1601. Congressional findings The Congress finds the following: (1) Federal health services to maintain and improve the health of the Indians are con- sonant with and required by the Federal Gov- ernment’s historical and unique legal relation- ship 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 opportuni- ties 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 Page 241 TITLE 25—INDIANS § 1601 and the health status of the Indians is far below that of the general population of the United States. (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 sec- tion 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, re- aligned margins, and added par. (2). 1992—Pub. L. 102–573 substituted ‘‘finds the fol- lowing:’’ for ‘‘finds that—’’ in introductory provisions and struck out last sentence of subsec. (d) which com- pared death rates of Indians to those of all Americans for tuberculosis, influenza and pneumonia, and com- pared death rates for infants, subsec. (e) which related to threat to fulfillment of Federal responsibility to In- dians 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 Con- gress, 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, re- pealing sections 1616p, 1621w, 1638a, 1647, 1660d, 1663, 1675, 1678, 1679, and 1680k of this title, and enacting pro- visions 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, pro- vided 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, pro- vided 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 Tech- nical Corrections Act of 1996’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–573, § 1, Oct. 29, 1992, 106 Stat. 4526, pro- vided 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 Amend- ments of 1990’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–713, § 1, Nov. 23, 1988, 102 Stat. 4784, pro- vided 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, en- acting 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 sec- tion 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, pro- vided 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, pro- vided: ‘‘That this Act [enacting this chapter and sec- tions 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 Im- provement 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 pro- vision or amendment to any person or circumstances is held to be invalid, the remainder of this Act, the re- maining amendments made by this Act, and the appli- cation of such provision or amendment to persons or circumstances other than those to which it is held in- valid, shall not be affected thereby.’’ AVAILABILITY OF APPROPRIATIONS Pub. L. 100–713, § 4, Nov. 23, 1988, 102 Stat. 4785, pro- vided that: ‘‘Any new spending authority (described in subsection (c)(2)(A) or (B) of section 401 of the Congres- sional 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 pro- vided in appropriation Acts.’’ Page 242 TITLE 25—INDIANS § 1602 § 1602. Declaration of national Indian health pol- icy Congress declares that it is the policy of this Nation, in fulfillment of its special trust respon- sibilities and legal obligations to Indians— (1) to ensure the highest possible health sta- tus for Indians and urban Indians and to pro- vide all resources necessary to effect that pol- icy; (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 commu- nities; (4) to increase the proportion of all degrees in the health professions and allied and associ- ated health professions awarded to Indians so that the proportion of Indian health profes- sionals in each Service area is raised to at least the level of that of the general popu- lation; (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 In- dian tribes work in a government-to-govern- ment relationship to ensure quality health care for all tribal members; and (7) to provide funding for programs and fa- cilities operated by Indian tribes and tribal or- ganizations in amounts that are not less than the amounts provided to programs and facili- ties operated directly by the Service. (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 origi- nal ‘‘this Act’’, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improve- ment Act, which is classified principally to this chap- ter. 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 sec- tion 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 obli- gation to the American Indian people, to meet the na- tional goal of providing the highest possible health sta- tus to Indians and to provide existing Indian health services with all resources necessary to effect that pol- icy.’’ § 1603. Definitions In this chapter: (1) Area office The term ‘‘Area office’’ means an adminis- trative 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 co- ordinated case management using a multi- disciplinary approach. (3) California Indian The term ‘‘California Indian’’ means any In- dian who is eligible for health services pro- vided 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 preven- tion of— (I) disease; and (II) complications of disease; and (ii) the reduction of consequences of dis- ease. (B) Inclusions The term ‘‘disease prevention’’ includes an activity for—