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25 U.S.C. § 1621c — Indian Health Care Improvement Fund

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

25 U.S.C. § 1621c — Indian Health Care Improvement Fund

**(a) Use of funds** The Secretary, acting through the Service, is authorized to expend funds, directly or under the authority of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.),11 See References in Text note below. which are appropriated under the authority of this section, for the purposes of— (1) eliminating the deficiencies in health status and health resources of all Indian tribes; (2) eliminating backlogs in the provision of health care services to Indians; (3) meeting the health needs of Indians in an efficient and equitable manner, including the use of telehealth and telemedicine when appropriate; (4) eliminating inequities in funding for both direct care and contract health service programs; and (5) augmenting the ability of the Service to meet the following health service responsibilities with respect to those Indian tribes with the highest levels of health status deficiencies and resource deficiencies: (A) Clinical care, including inpatient care, outpatient care (including audiology, clinical eye, and vision care), primary care, secondary and tertiary care, and long-term care. (B) Preventive health, including mammography and other cancer screening. (C) Dental care. (D) Mental health, including community mental health services, inpatient mental health services, dormitory mental health services, therapeutic and residential treatment centers, and training of traditional health care practitioners. (E) Emergency medical services. (F) Treatment and control of, and rehabilitative care related to, alcoholism and drug abuse (including fetal alcohol syndrome) among Indians. (G) Injury prevention programs, i

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Stable record: federal_law:legal_authorities:record_usc_59556931beb794706a9509f5
Source file: Laws/federal/codes/united-states-code/title-25/section-1621c-indian-health-care-improvement-fund--0cbd2006e4.md
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Source location: Title 25, Chapter 18, § 1621c; chapter-018-indian-health-care.md

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**(a) Use of funds** The Secretary, acting through the Service, is authorized to expend funds, directly or under the authority of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.),11 See References in Text note below. which are appropriated under the authority of this section, for the purposes of— (1) eliminating the deficiencies in health status and health resources of all Indian tribes; (2) eliminating backlogs in the provision of health care services to Indians; (3) meeting the health needs of Indians in an efficient and equitable manner, including the use of telehealth and telemedicine when appropriate; (4) eliminating inequities in funding for both direct care and contract health service programs; and (5) augmenting the ability of the Service to meet the following health service responsibilities with respect to those Indian tribes with the highest levels of health status deficiencies and resource deficiencies: (A) Clinical care, including inpatient care, outpatient care (including audiology, clinical eye, and vision care), primary care, secondary and tertiary care, and long-term care. (B) Preventive health, including mammography and other cancer screening. (C) Dental care. (D) Mental health, including community mental health services, inpatient mental health services, dormitory mental health services, therapeutic and residential treatment centers, and training of traditional health care practitioners. (E) Emergency medical services. (F) Treatment and control of, and rehabilitative care related to, alcoholism and drug abuse (including fetal alcohol syndrome) among Indians. (G) Injury prevention programs, including data collection and evaluation, demonstration projects, training, and capacity building. (H) Home health care. (I) Community health representatives. (J) Maintenance and improvement. **(b) No offset or limitation** Any funds appropriated under the authority of this section shall not be used to offset or limit any other appropriations made to the Service under this chapter or [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim), or any other provision of law. **(c) Allocation; use** (1) **In general** — Funds appropriated under the authority of this section shall be allocated to Service units, Indian tribes, or tribal organizations. The funds allocated to each Indian tribe, tribal organization, or Service unit under this paragraph shall be used by the Indian tribe, tribal organization, or Service unit under this paragraph to improve the health status and reduce the resource deficiency of each Indian tribe served by such Service unit, Indian tribe, or tribal organization. (2) **Apportionment of allocated funds** — The apportionment of funds allocated to a Service unit, Indian tribe, or tribal organization under paragraph (1) among the health service responsibilities described in subsection (a)(5) shall be determined by the Service in consultation with, and with the active participation of, the affected Indian tribes and tribal organizations. **(d) Provisions relating to health status and resource deficiencies** For the purposes of this section, the following definitions apply: (1) **Definition** — The term “health status and resource deficiency” means the extent to which— (A) the health status objectives set forth in sections 1602(1) and 1602(2) of this title are not being achieved; and (B) the Indian tribe or tribal organization does not have available to it the health resources it needs, taking into account the actual cost of providing health care services given local geographic, climatic, rural, or other circumstances. (2) **Available resources** — The health resources available to an Indian tribe or tribal organization include health resources provided by the Service as well as health resources used by the Indian tribe or tribal organization, including services and financing systems provided by any Federal programs, private insurance, and programs of State or local governments. (3) **Process for review of determinations** — The Secretary shall establish procedures which allow any Indian tribe or tribal organization to petition the Secretary for a review of any determination of the extent of the health status and resource deficiency of such Indian tribe or tribal organization. **(e) Eligibility for funds** Tribal health programs shall be eligible for funds appropriated under the authority of this section on an equal basis with programs that are administered directly by the Service. **(f) Report** By no later than the date that is 3 years after March 23, 2010, the Secretary shall submit to Congress the current health status and resource deficiency report of the Service for each Service unit, including newly recognized or acknowledged Indian tribes. Such report shall set out— (1) the methodology then in use by the Service for determining tribal health status and resource deficiencies, as well as the most recent application of that methodology; (2) the extent of the health status and resource deficiency of each Indian tribe served by the Service or a tribal health program; (3) the amount of funds necessary to eliminate the health status and resource deficiencies of all Indian tribes served by the Service or a tribal health program; and (4) an estimate of— (A) the amount of health service funds appropriated under the authority of this chapter, or any other Act, including the amount of any funds transferred to the Service for the preceding fiscal year which is allocated to each Service unit, Indian tribe, or tribal organization; (B) the number of Indians eligible for health services in each Service unit or Indian tribe or tribal organization; and (C) the number of Indians using the Service resources made available to each Service unit, Indian tribe or tribal organization, and, to the extent available, information on the waiting lists and number of Indians turned away for services due to lack of resources. **(g) Inclusion in base budget** Funds appropriated under this section for any fiscal year shall be included in the base budget of the Service for the purpose of determining appropriations under this section in subsequent fiscal years. **(h) Clarification** Nothing in this section is intended to diminish the primary responsibility of the Service to eliminate existing backlogs in unmet health care needs, nor are the provisions of this section intended to discourage the Service from undertaking additional efforts to achieve equity among Indian tribes and tribal organizations. **(i) Funding designation** Any funds appropriated under the authority of this section shall be designated as the “Indian Health Care Improvement Fund”.

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

25 U.S.C. § 1621k — 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 Ind

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1621k

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

25 U.S.C. § 5301 — Application of other sections of this chapter

**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter. **(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.

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

25 U.S.C. § 450 — Transferred

### Statutory Notes #### Codification Section 458aaa–18 was editorially reclassified as [section 5399 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5399&num=0&edition=prelim).

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

25 U.S.C. § 13 — Expenditure of appropriations by Bureau

The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States for the following purposes:

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

25 U.S.C. § 1601 — Indian Catastrophic Health Emergency Fund

$10,000,000 shall remain available until expended, for the establishment of an Indian Catastrophic Health Emergency Fund (hereinafter referred to as the “Fund”). On and after October 18, 1986, the Fund is to cover the Indian Health Service portion of the medical expenses of catastrophic illness falling within the responsibility of the Service and shall be administered by the Secretary of Health and Human Services, acting through the central office of the Indian Health Service. No part of the Fund or its administration shall be subject to contract or grant under the Indian Self-Determination and Education Assistance Act (Public Law 93–638) [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.]. There shall be deposited into the Fund all amounts recovered under the authority of the Federal Medical Care Recovery Act ([42 U.S.C. 2651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2651&num=0&edition=prelim) et seq.), which shall become available for obligation upon receipt and which shall remain available for obligation until expended. The Fund shall not be used to pay for health services provided to eligible Indians to the extent that alternate Federal, State, local, or private insurance resources for payment: (1) are available and accessible to the beneficiary; or (2) would be available and accessible if the beneficiary were to apply for them; or (3) would be available and accessible to other citizens similarly situated under Federal, State, or local law or regulation or private insurance program notwithstanding Indian Health Service eligibility or residency on or off a Federal Indian reservation.

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

31 U.S.C. § 1105 — Budget contents and submission to Congress

**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following: (1) information on activities and functions of the Government. (2) when practicable, information on costs and achievements of Government programs. (3) other desirable classifications of information. (4) a reconciliation of the summary information on expenditures with proposed appropriations. (5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year. (6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under— (A) laws in effect when the budget is submitted; and (B) proposals in the budget to increase revenues. (7) appropriations, expenditures, and receipts of the Government in the prior fiscal year. (8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year. (9) balanced statements of the— (A) condition of the Treasury at the end of the prior fiscal year; (B) estimated condition of the Treasury at the end of the current fiscal year; and (C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted. (10) essential information about the debt of the Government.

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

25 U.S.C. § 1621c — Diabetes prevention, treatment, and con-

Page 269 TITLE 25—INDIANS § 1621c 1 See References in Text note below. (Pub. L. 94–437, title II, § 202, as added Pub. L. 100–713, title II, § 202, Nov. 23, 1988, 102 Stat. 4803; amended Pub. L. 102–573, title II, §§ 202(a), 217(b)(2), Oct. 29, 1992, 106 Stat. 4546, 4559; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination and Education Assist- ance Act (25 U.S.C. 450 et seq.), referred to in subsec. (c), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassifica- tion as chapter 46 (§ 5301 et seq.) of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Amendment by Pub. L. 111–148 is based on section 122 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 sec- tion 10221(a) of Pub. L. 111–148. AMENDMENTS 2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to establishment of In- dian Catastrophic Health Emergency Fund with provi- sions for its administration, promulgation of regula- tions, procedures for payment, effect of appropriated funds on other appropriations, and deposit of reim- bursements. 1992—Subsec. (a)(1)(B). Pub. L. 102–573, § 202(a)(1), sub- stituted ‘‘to the Fund under this section’’ for ‘‘under subsection (e) of this section’’. Subsec. (b)(2). Pub. L. 102–573, § 202(a)(2), substituted ‘‘shall establish at—’’ and subpars. (A) and (B) for ‘‘shall establish at not less than $10,000 or not more tha

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

25 U.S.C. § 450 — Transferred

Page 141 TITLE 25—INDIANS § 450f Section was formerly classified to section 93 of Title 45, Railroads. § 443c. Transferred Editorial Notes CODIFICATION Section 443c was editorially reclassified as section 1684 of this title. § 443d. Transferred Editorial Notes CODIFICATION Section 443d was editorially reclassified as section 1685 of this title. §§ 444 to 449. Repealed. Aug. 5, 1954, ch. 658, § 5, 68 Stat. 675 Sections, act Apr. 3, 1952, ch. 129, §§ 1–6, 66 Stat. 35, re- lated to Indian hospital services and facilities. See sec- tion 2001 et seq. of Title 42, The Public Health and Wel- fare. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1959, see section 6 of act Aug. 5, 1954, set out as an Effective Date note under section 2001 of Title 42, The Public Health and Welfare. SUBCHAPTER II—INDIAN SELF-DETER- MINATION AND EDUCATION ASSISTANCE § 450. Transferred Editorial Notes CODIFICATION Section 450 was editorially reclassified as section 5301 of this title. § 450a. Transferred Editorial Notes CODIFICATION Section 450a was editorially reclassified as section 5302 of this title. § 450a–1. Transferred Editorial Notes CODIFICATION Section 450a–1 was editorially reclassified as section 5303 of this title. § 450b. Transferred Editorial Notes CODIFICATION Section 450b was editorially reclassified as section 5304 of this title. § 450c. Transferred Editorial Notes CODIFICATION Section 450c was editorially reclassified as section 5305 of this title. § 450d. Transferred Editorial Notes CODIFICATION Section 450d was editorially reclassified as section 5306 of this title. § 450e. Transferred Editorial Notes CODIFICATION Section 450e was editorially reclassified as section 5307 of this title. § 4

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 450

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