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25 U.S.C. § 1680k — Demonstration projects for tribal management of health care services

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1680k — 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300w&num=0&edition=prelim) 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)) 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 administrative systems under the demonstration project established under subsection (a), but only if such waiver does not diminish or endanger the delivery of health care services t

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Stable record: federal_law:legal_authorities:record_usc_238066a2029545814baeb9b2
Source file: Laws/federal/codes/united-states-code/title-25/section-1680k-demonstration-projects-for-tribal-management-of-health-care-services--3b90b46203.md
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Passage SHA-256: bfbb2f678d71f9cedb3e83326ff5a1bc3e56ff66f7c19407b6aa6a739f96c408

Source location: Title 25, Chapter 18, § 1680k; chapter-018-indian-health-care.md

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**(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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300w&num=0&edition=prelim) 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)) 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 administrative systems under the demonstration project established under subsection (a), but only if such waiver does not diminish or endanger the delivery of health care services to Indians. **(d) Termination; evaluation and report** (1) The demonstration project established under subsection (a) shall terminate on September 30, 1993, or, in the case of a demonstration project for which a grant is made after September 30, 1990, three years after the date on which such grant is made. (2) By no later than September 30, 1996, the Secretary shall evaluate the performance of each Indian tribe that has participated in a demonstration project established under subsection (a) and shall submit to the Congress a report on such evaluations and demonstration projects. **(e) Joint venture demonstration projects** (1) The Secretary, acting through the Service, shall make arrangements with Indian tribes to establish joint venture demonstration projects under which an Indian tribe shall expend tribal, private, or other available nontribal funds, for the acquisition or construction of a health facility for a minimum of 20 years, under a no-cost lease, in exchange for agreement by the Service to provide the equipment, supplies, and staffing for the operation and maintenance of such a health facility. A tribe may utilize tribal funds, private sector, or other available resources, including loan guarantees, to fulfill its commitment under this subsection. (2) The Secretary shall make such an arrangement with an Indian tribe only if the Secretary first determines that the Indian tribe has the administrative and financial capabilities necessary to complete the timely acquisition or construction of the health facility described in paragraph (1). (3) An Indian tribe or tribal organization that has entered into a written agreement with the Secretary under this subsection, and that breaches or terminates without cause such agreement, shall be liable to the United States for the amount that has been paid to the tribe, or paid to a third party on the tribe’s behalf, under the agreement. The Secretary has the right to recover tangible property (including supplies), and equipment, less depreciation, and any funds expended for operations and maintenance under this section. The preceding sentence does not apply to any funds expended for the delivery of health care services, or for personnel or staffing, shall be recoverable.11 So in original. The words “, shall be recoverable” probably should not appear.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300w — Authorization of appropriations

**(a)** For the purpose of allotments under [section 300w–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300w-1&num=0&edition=prelim), there are authorized to be appropriated $205,000,000 for fiscal year 1993, and such sums as may be necessary for each of the fiscal years 1994 through 1998. **(b)** Of the amount appropriated for any fiscal year under subsection (a), at least $7,000,000 shall be made available for allotments under [section 300w–1(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300w–1/b&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300w

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 201 — Funding

Beginning with fiscal year 2010, the Secretary shall transfer from the Public Health and Social Services Emergency Fund such sums as may be necessary to carry out this part.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 201

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1674 — Reports

The President shall, at the time the budget is submitted under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), for each fiscal year transmit to the Congress a report containing— (1) a report on the progress made in meeting the objectives of this chapter, including a review of programs established or assisted pursuant to this chapter and an assessment and recommendations of additional programs or additional assistance necessary to, at a minimum, provide health services to Indians, and ensure a health status for Indians, which are at a parity with the health services available to and the health status of, the general population; (2) a report on whether, and to what extent, new national health care programs, benefits, initiatives, or financing systems have had an impact on the purposes of this chapter and any steps that the Secretary may have taken to consult with Indian tribes to address such impact; (3) a report on the use of health services by Indians— (A) on a national and area or other relevant geographical basis; (B) by gender and age; (C) by source of payment and type of service; and (D) comparing such rates of use with rates of use among comparable non-Indian populations.11 So in original. The period probably should be a semicolon. (4) a separate statement which specifies the amount of funds requested to carry out the provisions of [section 1621 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1621&num=0&edition=prelim); (5) a separate statement of the total amount obligated or expended in the most recently completed fiscal year to achieve each of the objectives described in [section 1680d of this title](https://uscode.house.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1674

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1680k — Repealed. Pub. L. 111–148, title X,

Page 351 TITLE 25—INDIANS § 1680l 1 See References in Text note below. generally to part A (§ 300w et seq.) of subchapter XVII of chapter 6A of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables. AMENDMENTS 1992—Subsec. (d)(1). Pub. L. 102–573, § 808(1)(A), in- serted before period at end ‘‘, or, in the case of a dem- onstration project for which a grant is made after Sep- tember 30, 1990, three years after the date on which such grant is made’’. Subsec. (d)(2). Pub. L. 102–573, § 808(1)(B), substituted ‘‘1996’’ for ‘‘1994’’. Subsec. (e). Pub. L. 102–573, § 808(2), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: ‘‘There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.’’ § 1680i. Child sexual abuse treatment programs (a) Continuation of existing demonstration pro- grams The Secretary and the Secretary of the Inte- rior shall, for each fiscal year through fiscal year 1995, continue the demonstration programs involving treatment for child sexual abuse pro- vided through the Hopi Tribe and the Assini- boine and Sioux Tribes of the Fort Peck Res- ervation. (b) Establishment of new demonstration pro- grams Beginning October 1, 1995, the Secretary and the Secretary of the Interior may establish, in any service area, demonstration programs in- volving treatment for child sexual abuse, except that the Secretaries may not establish a greater number of such programs in one service area than in any other service area until there is an equal number of such programs established with respect to all service areas from which the Sec- retary receives qualifie

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 1680k

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300w — Authorization of appropriations

Page 1393 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300w–1 1 See References in Text note below. SUBCHAPTER XVI—PRESIDENT’S COMMIS- SION FOR THE STUDY OF ETHICAL PROB- LEMS IN MEDICINE AND BIOMEDICAL AND BEHAVIOR RESEARCH §§ 300v to 300v–3. Omitted Editorial Notes CODIFICATION Sections 300v to 300v–3, which provided for the estab- lishment, duties, administration, funding, and termi- nation of the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Be- havioral Research, were omitted pursuant to section 300v–3, which provided for the Commission’s termi- nation on Dec. 31, 1982. See 48 F.R. 34408. Section 300v, act July 1, 1944, ch. 373, title XVIII, § 1801, as added Pub. L. 95–622, title III, § 301, Nov. 9, 1978, 92 Stat. 3437; amended Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100–527, § 10(1), Oct. 25, 1988, 102 Stat. 2640, established the President’s Commis- sion for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research and directed the President to appoint eleven members. Section 300v–1, act July 1, 1944, ch. 373, title XVIII, § 1802, as added Pub. L. 95–622, title III, § 301, Nov. 9, 1978, 92 Stat. 3439; amended Pub. L. 96–32, § 4, July 10, 1979, 93 Stat. 82, related to duties of the Commission. Section 300v–2, act July 1, 1944, ch. 373, title XVIII, § 1803, as added Pub. L. 95–622, title III, § 301, Nov. 9, 1978, 92 Stat. 3440, related to administrative provisions. Section 300v–3, act July 1, 1944, ch. 373, title XVIII, § 1804, as added Pub. L. 95–622, title III, § 301, Nov. 9, 1978, 92 Stat. 3441, related to authorization of appropriations and termination of the Commission. SUBCHAPTER XVII—BLOCK GRANTS PART A—PREVENTIVE HEALTH AND HEALTH SERVICES BLO

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 300w

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