Page 447 TITLE 25—INDIANS § 1621h

AMENDMENTS

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

(a) Except as provided in section 1621a(d) of

this title, subchapter III–A of this chapter, and

section 1680c of this title, all reimbursements received or recovered, under authority of this

chapter, Public Law 87–693 (42 U.S.C. 2651, et

seq.), or any other provision of law, by reason of

the provision of health services by the Service

or by a tribe or tribal organization under a contract pursuant to the Indian Self-Determination

Act [25 U.S.C. 450f et seq.] shall be retained by

the Service or that tribe or tribal organization

and shall be available for the facilities, and to

carry out the programs, of the Service or that

tribe or tribal organization to provide health

care services to Indians.

(b) The Service may not offset or limit the

amount of funds obligated to any service unit or

any entity under contract with the Service because of the receipt of reimbursements under

subsection (a) of this section.

(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.)

REFERENCES IN TEXT

Public Law 87–693, referred to in subsec. (a), is 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 Indian Self-Determination Act, referred to in

subsec. (a), 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.

AMENDMENTS

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

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.

450f et seq.] shall be given an equal opportunity

to compete for, and receive, research funds

under this section.

(Pub. L. 94–437, title II, §208, as added Pub. L.

100–713, title II, §204, Nov. 23, 1988, 102 Stat. 4812.)

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, 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.

§ 1621h. Mental health prevention and treatment

services

(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