dreamproit/uscode huggingface dataset:
25 U.S.C. § 1663 (INDIANS)
§ 1663. Office of Direct Service Tribes
(a) Establishment
There is established within the Service an office, to be known as the “Office of Direct Service Tribes”.
(b) Treatment
The Office of Direct Service Tribes shall be located in the Office of the Director.
(c) Duties
The Office of Direct Service Tribes shall be responsible for—
(1) providing Service-wide leadership, guidance and support for direct service tribes to include strategic planning and program evaluation;
(2) ensuring maximum flexibility to tribal health and related support systems for Indian beneficiaries;
(3) serving as the focal point for consultation and participation between direct service tribes and organizations and the Service in the development of Service policy;
(4) holding no less than biannual consultations with direct service tribes in appropriate locations to gather information and aid in the development of health policy; and
(5) directing a national program and providing leadership and advocacy in the development of health policy, program management, budget formulation, resource allocation, and delegation support for direct service tribes.
(Pub. L. 94–437, title VI, § 603, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
heading: Editorial Notes
heading: Codification
text: Section 603 of Pub. L. 94–437 is based on section 172 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 section 10221(a) of Pub. L. 111–148.
heading: Prior Provisions
text: A prior section 1663, Pub. L. 94–437, title VI, § 603, as added Pub. L. 102–573, title VI, § 603, Oct. 29, 1992, 106 Stat. 4571, authorized appropriations through fiscal year 2000 to carry out this subchapter, prior to repeal by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935. The repeal is based on section 101(b)(10) 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 section 10221(a) of Pub. L. 111–148.
25 U.S.C. § 1663a (INDIANS)
§ 1663a. Nevada Area Office
(a) In general
Not later than 1 year after March 23, 2010, in a manner consistent with the tribal consultation policy of the Service, the Secretary shall submit to Congress a plan describing the manner and schedule by which an area office, separate and distinct from the Phoenix Area Office of the Service, can be established in the State of Nevada.
(b) Failure to submit plan
(1) Definition of operations funds
In this subsection, the term “operations funds” means only the funds used for—
(A) the administration of services, including functional expenses such as overtime, personnel salaries, and associated benefits; or
(B) related tasks that directly affect the operations described in subparagraph (A).
(2) Withholding of funds
If the Secretary fails to submit a plan in accordance with subsection (a), the Secretary shall withhold the operations funds reserved for the Office of the Director, subject to the condition that the withholding shall not adversely impact the capacity of the Service to deliver health care services.
(3) Restoration
The operations funds withheld pursuant to paragraph (2) may be restored, at the discretion of the Secretary, to the Office of the Director on achievement by that Office of compliance with this section.
(Pub. L. 94–437, title VI, § 604, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
heading: Editorial Notes
heading: Codification
text: Section 604 of Pub. L. 94–437 is based on section 173 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 section 10221(a) of Pub. L. 111–148.
25 U.S.C. § 1665c (INDIANS)
§ 1665c. Comprehensive behavioral health prevention and treatment program
(a) Establishment
(1) In general
The Secretary, acting through the Service, shall provide a program of comprehensive behavioral health, prevention, treatment, and aftercare, which may include, if feasible and appropriate, systems of care, and shall include—
(A) prevention, through educational intervention, in Indian communities;
(B) acute detoxification, psychiatric hospitalization, residential, and intensive outpatient treatment;
(C) community-based rehabilitation and aftercare;
(D) community education and involvement, including extensive training of health care, educational, and community-based personnel;
(E) specialized residential treatment programs for high-risk populations, including pregnant and postpartum women and their children; and
(F) diagnostic services.
(2) Target populations
The target population of such programs shall be members of Indian tribes. Efforts to train and educate key members of the Indian community shall also target employees of health, education, judicial, law enforcement, legal, and social service programs.
(b) Contract health services
(1) In general
The Secretary, acting through the Service, may enter into contracts with public or private providers of behavioral health treatment services for the purpose of carrying out the program required under subsection (a).
(2) Provision of assistance
In carrying out this subsection, the Secretary shall provide assistance to Indian tribes and tribal organizations to develop criteria for the certification of behavioral health service providers and accreditation of service facilities which meet minimum standards for such services and facilities.
(Pub. L. 94–437, title VII, § 704, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
heading: Editorial Notes
heading: Codification
text: Section 704 of Pub. L. 94–437 is based on section 181 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 section 10221(a) of Pub. L. 111–148.
heading: Prior Provisions
text: A prior section 1665c, Pub. L. 94–437, title VII, § 704, as added Pub. L. 102–573, title VII, § 702(a), Oct. 29, 1992, 106 Stat. 4574, provided for Indian Health Service program of alcohol and substance abuse detoxification and rehabilitation for Indian youth, prior to the general amendment of this subchapter by Pub. L. 111–148.
25 U.S.C. § 1665d (INDIANS)
§ 1665d. Mental health technician program
(a) In general
Pursuant to section 13 of this title, the Secretary shall establish and maintain a mental health technician program within the Service which—
(1) provides for the training of Indians as mental health technicians; and
(2) employs such technicians in the provision of community-based mental health care that includes identification, prevention, education, referral, and treatment services.
(b) Paraprofessional training
In carrying out subsection (a), the Secretary, acting through the Service, shall provide high-standard paraprofessional training in mental health care necessary to provide quality care to the Indian communities to be served. Such training shall be based upon a curriculum developed or approved by the Secretary which combines education in the theory of mental health care with supervised practical experience in the provision of such care.
(c) Supervision and evaluation of technicians
The Secretary, acting through the Service, shall supervise and evaluate the mental health technicians in the training program.
(d) Traditional health care practices
The Secretary, acting through the Service, shall ensure that the program established pursuant to this section involves the use and promotion of the traditional health care practices of the Indian tribes to be served.
(Pub. L. 94–437, title VII, § 705, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
heading: Editorial Notes
heading: Codification
text: Section 705 of Pub. L. 94–437 is based on section 181 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 section 10221(a) of Pub. L. 111–148.
heading: Prior Provisions
text: A prior section 1665d, Pub. L. 94–437, title VII, § 705, as added Pub. L. 102–573, title VII, § 702(a), Oct. 29, 1992, 106 Stat. 4576, provided for program of training and community education about alcohol and substance abuse, prior to the general amendment of this subchapter by Pub. L. 111–148.
25 U.S.C. § 1665e (INDIANS)
§ 1665e. Licensing requirement for mental health care workers
(a) In general
Subject to section 1621t of this title, and except as provided in subsection (b), any individual employed as a psychologist, social worker, or marriage and family therapist for the purpose of providing mental health care services to Indians in a clinical setting under this chapter is required to be licensed as a psychologist, social worker, or marriage and family therapist, respectively.
(b) Trainees
An individual may be employed as a trainee in psychology, social work, or marriage and family therapy to provide mental health care services described in subsection (a) if such individual—
(1) works under the direct supervision of a licensed psychologist, social worker, or marriage and family therapist, respectively;
(2) is enrolled in or has completed at least 2 years of course work at a post-secondary, accredited education program for psychology, social work, marriage and family therapy, or counseling; and
(3) meets such other training, supervision, and quality review requirements as the Secretary may establish.
(Pub. L. 94–437, title VII, § 706, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
heading: Codification
text: Section 706 of Pub. L. 94–437 is based on section 181 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 section 10221(a) of Pub. L. 111–148.
heading: Prior Provisions
text: A prior section 1665e, Pub. L. 94–437, title VII, § 706, as added Pub. L. 102–573, title VII, § 702(a), Oct. 29, 1992, 106 Stat. 4576; amended Pub. L. 104–313, § 2(e), Oct. 19, 1996, 110 Stat. 3822, provided for establishment of an alcohol and substance abuse residential treatment center in Gallup, New Mexico, prior to the general amendment of this subchapter by Pub. L. 111–148.
25 U.S.C. § 1665f (INDIANS)
§ 1665f. Indian women treatment programs
(a) Grants
The Secretary, consistent with section 1665a of this title, may make grants to Indian tribes, tribal organizations, and urban Indian organizations to develop and implement a comprehensive behavioral health program of prevention, intervention, treatment, and relapse prevention services that specifically addresses the cultural, historical, social, and child care needs of Indian women, regardless of age.
(b) Use of grant funds
A grant made pursuant to this section may be used—
(1) to develop and provide community training, education, and prevention programs for Indian women relating to behavioral health issues, including fetal alcohol spectrum disorders;
(2) to identify and provide psychological services, counseling, advocacy, support, and relapse prevention to Indian women and their families; and
(3) to develop prevention and intervention models for Indian women which incorporate traditional health care practices, cultural values, and community and family involvement.
(c) Criteria
The Secretary, in consultation with Indian tribes and tribal organizations, shall establish criteria for the review and approval of applications and proposals for funding under this section.
(d) Allocation of funds for urban Indian organizations
20 percent of the funds appropriated pursuant to this section shall be used to make grants to urban Indian organizations.
(Pub. L. 94–437, title VII, § 707, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
heading: Editorial Notes
heading: Codification
text: Section 707 of Pub. L. 94–437 is based on section 181 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 section 10221(a) of Pub. L. 111–148.
heading: Prior Provisions
text: A prior section 1665f, Pub. L. 94–437, title VII, § 707, as added Pub. L. 102–573, title VII, § 702(a), Oct. 29, 1992, 106 Stat. 4577, related to compilation of data and preparation of reports on cases of alcohol or substance abuse in which Indian Health Service personnel or services were involved, prior to the general amendment of this subchapter by Pub. L. 111–148.
25 U.S.C. § 1665h (INDIANS)
§ 1665h. Inpatient and community-based mental health facilities design, construction, and staffing
Not later than 1 year after March 23, 2010, the Secretary, acting through the Service, may provide, in each area of the Service, not less than 1 inpatient mental health care facility, or the equivalent, for Indians with behavioral health problems. For the purposes of this subsection,1 California shall be considered to be 2 area offices, 1 office whose location shall be considered to encompass the northern area of the State of California and 1 office whose jurisdiction shall be considered to encompass the remainder of the State of California. The Secretary shall consider the possible conversion of existing, underused Service hospital beds into psychiatric units to meet such need.
(Pub. L. 94–437, title VII, § 709, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
heading: Editorial Notes
heading: Codification
text: Section 709 of Pub. L. 94–437 is based on section 181 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 section 10221(a) of Pub. L. 111–148.
heading: Prior Provisions
text: A prior section 1665h, Pub. L. 94–437, title VII, § 709, as added Pub. L. 102–573, title VII, § 702(a), Oct. 29, 1992, 106 Stat. 4579, related to the Pueblo substance abuse treatment project for San Juan Pueblo, New Mexico, prior to the general amendment of this subchapter by Pub. L. 111–148.
25 U.S.C. § 1665i (INDIANS)
§ 1665i. Training and community education
(a) Program
The Secretary, in cooperation with the Secretary of the Interior, shall develop and implement or assist Indian tribes and tribal organizations to develop and implement, within each Service unit or tribal program, a program of community education and involvement which shall be designed to provide concise and timely information to the community leadership of each tribal community. Such program shall include education about behavioral health issues to political leaders, tribal judges, law enforcement personnel, members of tribal health and education boards, health care providers including traditional practitioners, and other critical members of each tribal community. Such program may also include community-based training to develop local capacity and tribal community provider training for prevention, intervention, treatment, and aftercare.
(b) Instruction
The Secretary, acting through the Service, shall provide instruction in the area of behavioral health issues, including instruction in crisis intervention and family relations in the context of alcohol and substance abuse, child sexual abuse, youth alcohol and substance abuse, and the causes and effects of fetal alcohol spectrum disorders to appropriate employees of the Bureau of Indian Affairs and the Service, and to personnel in schools or programs operated under any contract with the Bureau of Indian Affairs or the Service, including supervisors of emergency shelters and halfway houses described in section 2433 of this title.
(c) Training models
In carrying out the education and training programs required by this section, the Secretary, in consultation with Indian tribes, tribal organizations, Indian behavioral health experts, and Indian alcohol and substance abuse prevention experts, shall develop and provide community-based training models. Such models shall address—
(1) the elevated risk of alcohol abuse and other behavioral health problems faced by children of alcoholics;
(2) the cultural, spiritual, and multigenerational aspects of behavioral health problem prevention and recovery; and
(3) community-based and multidisciplinary strategies for preventing and treating behavioral health problems.
(Pub. L. 94–437, title VII, § 710, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
heading: Editorial Notes
heading: Codification
text: Section 710 of Pub. L. 94–437 is based on section 181 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 section 10221(a) of Pub. L. 111–148.
heading: Prior Provisions
text: A prior section 1665i, Pub. L. 94–437, title VII, § 710, as added Pub. L. 102–573, title VII, § 702(a), Oct. 29, 1992, 106 Stat. 4580, provided for the completion of construction of the Thunder Child Treatment Center, prior to the general amendment of this subchapter by Pub. L. 111–148.
25 U.S.C. § 1665j (INDIANS)
§ 1665j. Behavioral health program
(a) Innovative programs
The Secretary, acting through the Service, consistent with section 1665a of this title, may plan, develop, implement, and carry out programs to deliver innovative community-based behavioral health services to Indians.
(b) Awards; criteria
The Secretary may award a grant for a project under subsection (a) to an Indian tribe or tribal organization and may consider the following criteria:
(1) The project will address significant unmet behavioral health needs among Indians.
(2) The project will serve a significant number of Indians.
(3) The project has the potential to deliver services in an efficient and effective manner.
(4) The Indian tribe or tribal organization has the administrative and financial capability to administer the project.
(5) The project may deliver services in a manner consistent with traditional health care practices.
(6) The project is coordinated with, and avoids duplication of, existing services.
(c) Equitable treatment
For purposes of this subsection,1 the Secretary shall, in evaluating project applications or proposals, use the same criteria that the Secretary uses in evaluating any other application or proposal for such funding.
(Pub. L. 94–437, title VII, § 711, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
heading: Editorial Notes
heading: Codification
text: Section 711 of Pub. L. 94–437 is based on section 181 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 section 10221(a) of Pub. L. 111–148.
heading: Prior Provisions
text: A prior section 1665j, Pub. L. 94–437, title VII, § 711, as added Pub. L. 102–573, title VII, § 702(a), Oct. 29, 1992, 106 Stat. 4580; amended Pub. L. 104–313, § 2(f), Oct. 19, 1996, 110 Stat. 3822; Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 105–256, § 13(a), Oct. 14, 1998, 112 Stat. 1900; Pub. L. 110–315, title IX, § 941(k)(2)(I)(iii), Aug. 14, 2008, 122 Stat. 3467, authorized substance abuse counselor education demonstration projects, prior to the general amendment of this subchapter by Pub. L. 111–148.
25 U.S.C. § 1665l (INDIANS)
§ 1665l. Child sexual abuse prevention and treatment programs
(a) Establishment
The Secretary, acting through the Service, shall establish, consistent with section 1665a of this title, in every Service area, programs involving treatment for—
(1) victims of sexual abuse who are Indian children or children in an Indian household; and
(2) other members of the household or family of the victims described in paragraph (1).
(b) Use of funds
Funding provided pursuant to this section shall be used for the following:
(1) To develop and provide community education and prevention programs related to sexual abuse of Indian children or children in an Indian household.
(2) To identify and provide behavioral health treatment to victims of sexual abuse who are Indian children or children in an Indian household, and to their family members who are affected by sexual abuse.
(3) To develop prevention and intervention models which incorporate traditional health care practices, cultural values, and community involvement.
(4) To develop and implement culturally sensitive assessment and diagnostic tools for use in Indian communities and urban centers.
(c) Coordination
The programs established under subsection (a) shall be carried out in coordination with programs and services authorized under the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3201 et seq.).
(Pub. L. 94–437, title VII, § 713, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
heading: Editorial Notes
heading: References in Text
text: The Indian Child Protection and Family Violence Prevention Act, referred to in subsec. (c), is title IV of Pub. L. 101–630, Nov. 28, 1990, 104 Stat. 4544, which is classified principally to chapter 34 (§ 3201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of this title and Tables.
heading: Codification
text: Section 713 of Pub. L. 94–437 is based on section 181 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 section 10221(a) of Pub. L. 111–148.
heading: Prior Provisions
text: A prior section 1665l, Pub. L. 94–437, title VII, § 713, as added Pub. L. 102–573, title VII, § 702(a), Oct. 29, 1992, 106 Stat. 4581, provided for the conduct of the Alaska Native drug and alcohol abuse demonstration project, prior to the general amendment of this subchapter by Pub. L. 111–148.
25 U.S.C. § 1665n (INDIANS)
§ 1665n. Behavioral health research
(a) In general
The Secretary, in consultation with appropriate Federal agencies, shall make grants to, or enter into contracts with, Indian tribes, tribal organizations, and urban Indian organizations or enter into contracts with, or make grants to appropriate institutions for, the conduct of research on the incidence and prevalence of behavioral health problems among Indians served by the Service, Indian tribes, or tribal organizations and among Indians in urban areas. Research priorities under this section shall include—
(1) the multifactorial causes of Indian youth suicide, including—
(A) protective and risk factors and scientific data that identifies those factors; and
(B) the effects of loss of cultural identity and the development of scientific data on those effects;
(2) the interrelationship and interdependence of behavioral health problems with alcoholism and other substance abuse, suicide, homicides, other injuries, and the incidence of family violence; and
(3) the development of models of prevention techniques.
(b) Emphasis
The effect of the interrelationships and interdependencies referred to in subsection (a)(2) on children, and the development of prevention techniques under subsection (a)(3) applicable to children, shall be emphasized.
(Pub. L. 94–437, title VII, § 715, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
heading: Editorial Notes
heading: Codification
text: Section 715 of Pub. L. 94–437 is based on section 181 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 section 10221(a) of Pub. L. 111–148.