Page 419 TITLE 25—INDIANS § 1601

Sec.

1665g. Fetal alcohol syndrome and fetal alcohol effect grants.

(a) Award; use; review criteria.

(b) Plan; study; national clearinghouse.

(c) Task force.

(d) Cooperative projects; research

projects.

(e) Report.

(f) Authorization of appropriations.

1665h. Pueblo substance abuse treatment project for

San Juan Pueblo, New Mexico.

1665i. Thunder Child Treatment Center.

1665j. Substance abuse counselor education demonstration project.

(a) Contracts and grants.

(b) Use of funds.

(c) Effective period of contract or grant;

renewal.

(d) Criteria for review and approval of applications.

(e) Assistance to recipients.

(f) Report.

(g) Definitions.

(h) Authorization of appropriations.

1665k. Gila River alcohol and substance abuse treatment facility.

(a) Regional center.

(b) Name of regional center.

(c) Unit of regional center.

1665l. Alaska Native drug and alcohol abuse demonstration project.

1665m. Authorization of appropriations.

SUBCHAPTER VI—MISCELLANEOUS

1671. Reports.

1672. Regulations.

1673. Repealed.

1674. Leases with Indian tribes.

1675. Availability of funds.

1676. Limitation on use of funds appropriated to Indian Health Service.

1677. Nuclear resource development health hazards.

(a) Study.

(b) Health care plan; development.

(c) Reports to Congress.

(d) Intergovernmental Task Force; establishment and functions.

(e) Medical care.

1678. Arizona as a contract health service delivery

area.

(a) Designation.

(b) Curtailment of health services prohibited.

1679. Eligibility of California Indians.

(a) Report to Congress.

(b) Eligible Indians.

(c) Scope of eligibility.

1680. California as a contract health service delivery area.

1680a. Contract health facilities.

1680b. National Health Service Corps.

1680c. Health services for ineligible persons.

(a) Individuals not otherwise eligible.

(b) Health facilities providing health

service.

(c) Purposes served in providing health

services to otherwise ineligible individuals.

(d) Extension of hospital privileges to

non-Service health care practitioners.

(e) ‘‘Eligible Indian’’ defined.

1680d. Infant and maternal mortality; fetal alcohol

syndrome.

1680e. Contract health services for the Trenton

Service Area.

(a) Service to Turtle Mountain Band.

(b) Band member eligibility not expanded.

Sec.

1680f. Indian Health Service and Department of

Veterans Affairs health facilities and services sharing.

(a) Feasibility study and report.

(b) Nonimpairment of service quality,

eligibility, or priority of access.

(c) Cross utilization of services.

(d) Right to health services.

1680g. Reallocation of base resources.

(a) Report to Congress.

(b) Appropriated amounts.

1680h. Demonstration projects for tribal management of health care services.

(a) Establishment; grants.

(b) Health care contracts.

(c) Waiver of procurement laws.

(d) Termination; evaluation and report.

(e) Joint venture demonstration projects.

1680i. Child sexual abuse treatment programs.

(a) Continuation of existing demonstration programs.

(b) Establishment of new demonstration

programs.

1680j. Tribal leasing.

1680k. Home- and community-based care demonstration project.

(a) Authority of Secretary.

(b) Use of funds.

(c) Criteria for approval of applications.

(d) Assistance to applicants.

(e) Services to ineligible persons.

(f) Maximum number of demonstration

projects.

(g) Report.

(h) Definitions.

(i) Authorization of appropriations.

1680l. Shared services demonstration project.

(a) Authority of Secretary.

(b) Contract requirements.

(c) Eligibility.

(d) Nursing facilities.

(e) Assistance to applicants.

(f) Report.

1680m. Results of demonstration projects.

1680n. Priority for Indian reservations.

(a) Facilities and projects.

(b) ‘‘Indian lands’’ defined.

1680o. Authorization of appropriations.

1681. Omitted.

1682. Subrogation of claims by Indian Health Service.

1683. Indian Catastrophic Health Emergency Fund.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 450l of this title;

title 40 section 276d–3; title 42 sections 254b, 1320d.

GENERAL PROVISIONS

§ 1601. Congressional findings

The Congress finds the following:

(a) 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.

(b) 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.

(c) Federal health services to Indians have resulted in a reduction in the prevalence and inci-
§ 1602 TITLE 25—INDIANS Page 420

dence of preventable illnesses among, and unnecessary and premature deaths of, Indians.

(d) 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.

(Pub. L. 94–437, §2, Sept. 30, 1976, 90 Stat. 1400;

Pub. L. 102–573, §3(a), Oct. 29, 1992, 106 Stat.

4526.)

AMENDMENTS

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.

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

Section 1 of Pub. L. 102–573 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

Section 1 of Pub. L. 94–437 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 health objectives

(a) 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 assure the highest

possible health status for Indians and urban Indians and to provide all resources necessary to

effect that policy.

(b) It is the intent of the Congress that the Nation meet the following health status objectives

with respect to Indians and urban Indians by the

year 2000:

(1) Reduce coronary heart disease deaths to

a level of no more than 100 per 100,000.

(2) Reduce the prevalence of overweight individuals to no more than 30 percent.

(3) Reduce the prevalence of anemia to less

than 10 percent among children aged 1 through

5.

(4) Reduce the level of cancer deaths to a

rate of no more than 130 per 100,000.

(5) Reduce the level of lung cancer deaths to

a rate of no more than 42 per 100,000.

(6) Reduce the level of chronic obstructive

pulmonary disease related deaths to a rate of

no more than 25 per 100,000.

(7) Reduce deaths among men caused by alcohol-related motor vehicle crashes to no

more than 44.8 per 100,000.

(8) Reduce cirrhosis deaths to no more than

13 per 100,000.

(9) Reduce drug-related deaths to no more

than 3 per 100,000.

(10) Reduce pregnancies among girls aged 17

and younger to no more than 50 per 1,000 adolescents.

(11) Reduce suicide among men to no more

than 12.8 per 100,000.

(12) Reduce by 15 percent the incidence of injurious suicide attempts among adolescents

aged 14 through 17.

(13) Reduce to less than 10 percent the prevalence of mental disorders among children and

adolescents.

(14) Reduce the incidence of child abuse or

neglect to less than 25.2 per 1,000 children

under age 18.