Page 489 TITLE 25—INDIANS § 1680h

(4) the quality of health care services provided to any veteran by the Department of

Veterans Affairs;

(5) the eligibility of any Indian to receive

health services through the Indian Health

Service; or

(6) the eligibility of any Indian who is a veteran to receive health services through the

Department of Veterans Affairs.

(c) Cross utilization of services

(1) Not later than December 23, 1988, the Director of the Indian Health Service and the Secretary of Veterans Affairs shall implement an

agreement under which—

(A) individuals in the vicinity of Roosevelt,

Utah, who are eligible for health care from the

Department of Veterans Affairs could obtain

health care services at the facilities of the Indian Health Service located at Fort Duchesne,

Utah; and

(B) individuals eligible for health care from

the Indian Health Service at Fort Duchesne,

Utah, could obtain health care services at the

Department of Veterans Affairs medical center located in Salt Lake City, Utah.

(2) Not later than November 23, 1990, the Secretary and the Secretary of Veterans Affairs

shall jointly submit a report to the Congress on

the health care services provided as a result of

paragraph (1).

(d) Right to health services

Nothing in this section may be construed as

creating any right of a veteran to obtain health

services from the Indian Health Service except

as provided in an agreement under subsection (c)

of this section.

(Pub. L. 94–437, title VIII, §816, formerly title

VII, §716, as added Pub. L. 100–713, title VII, §710,

Nov. 23, 1988, 102 Stat. 4832; amended Pub. L.

102–54, §13(j)(2), June 13, 1991, 105 Stat. 276; renumbered title VIII, §816, and amended Pub. L.

102–573, title VII, §701(a), (b), title IX, §902(9),

Oct. 29, 1992, 106 Stat. 4572, 4592.)

AMENDMENTS

1992—Pub. L. 102–573, §902(9), amended section catchline.

1991—Subsecs. (a), (b)(3), (4), (6). Pub. L. 102–54,

§13(j)(2)(A), substituted ‘‘Department of Veterans Affairs’’ for ‘‘Veterans’ Administration’’.

Subsec. (c)(1). Pub. L. 102–54, §13(j)(2)(B), substituted

‘‘Not later than December 23, 1988, the Director of the

Indian Health Service and the Secretary of Veterans

Affairs shall’’ for ‘‘Within 30 days after November 23,

1988, the Director of the Indian Health Service and the

Administrator of Veterans’ Affairs are authorized and

directed to’’.

Subsec. (c)(1)(A), (B). Pub. L. 102–54, §13(j)(2)(A), substituted ‘‘Department of Veterans Affairs’’ for ‘‘Veterans’ Administration’’.

Subsec. (c)(2). Pub. L. 102–54, §13(j)(2)(C), substituted

‘‘Not later than November 23, 1990, the Secretary and

the Secretary of Veterans Affairs shall’’ for ‘‘Not later

than 2 years after November 23, 1988, the Secretary and

the Administrator of Veterans’ Affairs shall’’.

§ 1680g. Reallocation of base resources

(a) Report to Congress

Notwithstanding any other provision of law,

any allocation of Service funds for a fiscal year

that reduces by 5 percent or more from the previous fiscal year the funding for any recurring

program, project, or activity of a service unit

may be implemented only after the Secretary

has submitted to the President, for inclusion in

the report required to be transmitted to the

Congress under section 1671 of this title, a report

on the proposed change in allocation of funding,

including the reasons for the change and its

likely effects.

(b) Appropriated amounts

Subsection (a) of this section shall not apply if

the total amount appropriated to the Service for

a fiscal year is less than the amount appropriated to the Service for previous fiscal year.

(Pub. L. 94–437, title VIII, §817, formerly title

VII, §717, as added Pub. L. 100–713, title VII, §711,

Nov. 23, 1988, 102 Stat. 4833; renumbered title

VIII, §817, and amended Pub. L. 102–573, title

VII, §701(a), (b), title VIII, §805, Oct. 29, 1992, 106

Stat. 4572, 4585.)

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–573, §805, substituted

‘‘Secretary has submitted to the President, for inclusion in the report required to be transmitted to the

Congress under section 1671 of this title,’’ for ‘‘Secretary has submitted to the Congress’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1671 of this title.

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

(a) Establishment; grants

(1) The Secretary, acting through the Service,

shall make grants to Indian tribes to establish

demonstration projects under which the Indian

tribe will develop and test a phased approach to

assumption by the Indian tribe of the health

care delivery system of the Service for members

of the Indian tribe living on or near the reservations of the Indian tribe through the use of Service, tribal, and private sector resources.

(2) A grant may be awarded to an Indian tribe

under paragraph (1) only if the Secretary determines that the Indian tribe has the administrative and financial capabilities necessary to conduct a demonstration project described in paragraph (1).

(b) Health care contracts

During the period in which a demonstration

project established under subsection (a) of this

section is being conducted by an Indian tribe,

the Secretary shall award all health care contracts, including community, behavioral, and

preventive health care contracts, to the Indian

tribe in the form of a single grant to which the

regulations prescribed under part A of title XIX

of the Public Health Service Act [42 U.S.C. 300w

et seq.] (as modified as necessary by any agreement entered into between the Secretary and

the Indian tribe to achieve the purposes of the

demonstration project established under subsection (a) of this section) shall apply.

(c) Waiver of procurement laws

The Secretary may waive such provisions of

Federal procurement law as are necessary to enable any Indian tribe to develop and test admin-