Page 475 TITLE 25—INDIANS § 1661

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 two years.

(Pub. L. 94–437, title V, §513, as added Pub. L.

102–573, title V, §504, Oct. 29, 1992, 106 Stat. 4570.)

§ 1660d. Authorization of appropriations

There are authorized to be appropriated such

sums as may be necessary for each fiscal year

through fiscal year 2000 to carry out this subchapter.

(Pub. L. 94–437, title V, §514, as added Pub. L.

102–573, title V, §505(a), Oct. 29, 1992, 106 Stat.

4570.)

SUBCHAPTER V—ORGANIZATIONAL

IMPROVEMENTS

CODIFICATION

This subchapter was in the original title VI of Pub. L.

94–437. Titles IV and V of Pub. L. 94–437 are classified to

subchapters III–A and IV of this chapter, respectively.

§ 1661. Establishment of Indian Health Service as

an agency of Public Health Service

(a) Establishment

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 of Health and Human Services

the Indian Health Service. The Indian Health

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 of the Indian Health Service shall report to

the Secretary through the Assistant Secretary

for Health of the Department of Health and

Human Services. 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.

(b) Agency status

The Indian Health Service shall be an agency

within the Public Health Service of the Department of Health and Human Services, and shall

not be an office, component, or unit of any other

agency of the Department.

(c) Duties

The Secretary shall carry out through the Director of the Indian Health Service—

(1) all functions which were, on the day before November 23, 1988, carried out by or under

the direction of the individual serving as Director of the Indian Health Service on such

day;

(2) 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;

(3) all health programs under which health

care is provided to Indians based upon their

status as Indians which are administered by

the Secretary, including (but not limited to)

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 Act (25

U.S.C. 450f, et seq.); and

(4) all scholarship and loan functions carried

out under subchapter I of this chapter.

(d) Authority of Secretary

(1) The Secretary, acting through the Director

of the Indian Health Service, shall have the authority—

(A) except to the extent provided 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) Notwithstanding any other law, the provisions of section 472 of this title 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) of this

section.

(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.)

REFERENCES IN TEXT

Act of August 5, 1954, referred to in subsec. (c)(3)(C),

is act Aug. 5, 1954, ch. 658, 68 Stat. 674, as amended,

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 Act, referred to in

subsec. (c)(3)(E), is title I of Pub. L. 93–638, Jan. 4, 1975,

88 Stat. 2206, as amended, which is classified principally

to part A (§450f et seq.) of subchapter II of chapter 14

of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 450

of this title and Tables.

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

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