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25 U.S.C. § 1663a — Establishment of the Indian Health Service as an agency of the Public Health Service

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

25 U.S.C. § 1663a — Establishment of the Indian Health Service as an agency of the Public Health Service

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Source file: Laws/federal/codes/united-states-code/title-25/section-1663a-establishment-of-the-indian-health-service-as-an-agency-of-the-public-he--f90b4bd6bb.md
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Source location: Title 25, Chapter 18, § 1663a; chapter-018-indian-health-care.md

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**(a) Establishment** (1) **In general** — In order to more effectively and efficiently carry out the responsibilities, authorities, and functions of the United States to provide health care services to Indians and Indian tribes, as are or may be on and after November 23, 1988, provided by Federal statute or treaties, there is established within the Public Health Service of the Department the Indian Health Service. (2) **Director** — The Service shall be administered by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report to the Secretary. Effective with respect to an individual appointed by the President, by and with the advice and consent of the Senate, after January 1, 2008, the term of service of the Director shall be 4 years. A Director may serve more than 1 term. (3) **Incumbent** — The individual serving in the position of Director of the Service on the day before March 23, 2010, shall serve as Director. (4) **Advocacy and consultation** — The position of Director is established to, in a manner consistent with the government-to-government relationship between the United States and Indian Tribes— (A) facilitate advocacy for the development of appropriate Indian health policy; and (B) promote consultation on matters relating to Indian health. **(b) Agency** The Service shall be an agency within the Public Health Service of the Department, and shall not be an office, component, or unit of any other agency of the Department. **(c) Duties** The Director shall— (1) perform all functions that were, on the day before March 23, 2010, carried out by or under the direction of the individual serving as Director of the Service on that day; (2) perform all functions of the Secretary relating to the maintenance and operation of hospital and health facilities for Indians and the planning for, and provision and utilization of, health services for Indians, including by ensuring that all agency directors, managers, and chief executive officers have appropriate and adequate training, experience, skill levels, knowledge, abilities, and education (including continuing training requirements) to competently fulfill the duties of the positions and the mission of the Service; (3) administer all health programs under which health care is provided to Indians based upon their status as Indians which are administered by the Secretary, including programs under— (A) this chapter; (B) [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim); (C) the Act of August 5, 1954 ([42 U.S.C. 2001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2001&num=0&edition=prelim) et seq.); (D) the Act of August 16, 1957 ([42 U.S.C. 2005](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2005&num=0&edition=prelim) et seq.); and (E) 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. (4) administer all scholarship and loan functions carried out under subchapter I; (5) directly advise the Secretary concerning the development of all policy- and budget-related matters affecting Indian health; (6) collaborate with the Assistant Secretary for Health concerning appropriate matters of Indian health that affect the agencies of the Public Health Service; (7) advise each Assistant Secretary of the Department concerning matters of Indian health with respect to which that Assistant Secretary has authority and responsibility; (8) advise the heads of other agencies and programs of the Department concerning matters of Indian health with respect to which those heads have authority and responsibility; (9) coordinate the activities of the Department concerning matters of Indian health; and (10) perform such other functions as the Secretary may designate. **(d) Authority** (1) **In general** — The Secretary, acting through the Director, shall have the authority— (A) except to the extent provided for in paragraph (2), to appoint and compensate employees for the Service in accordance with title 5; (B) to enter into contracts for the procurement of goods and services to carry out the functions of the Service; and (C) to manage, expend, and obligate all funds appropriated for the Service. (2) **Personnel actions** — Notwithstanding any other provision of law, the provisions of [section 5116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5116&num=0&edition=prelim),22 So in original. The comma probably should not appear. shall apply to all personnel actions taken with respect to new positions created within the Service as a result of its establishment under subsection (a).

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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. § 2005 — Facilities construction

**(a) National survey of facilities conditions** (1) **In general** — Not later than 12 months after January 8, 2002, the Government Accountability Office shall compile, collect, and secure the data that are needed to prepare a national survey of the physical conditions of all Bureau-funded school facilities. (2) **Data and methodologies** — In preparing the national survey required under paragraph (1), the Government Accountability Office shall use the following data and methodologies: (A) The existing Department of Defense formula for determining the condition and adequacy of Department of Defense facilities. (B) Data related to conditions of Bureau-funded schools that has previously been compiled, collected, or secured from whatever source derived so long as the data are accurate, relevant, timely, and necessary to the survey. (C) The methodologies of the American Institute of Architects, or other accredited and reputable architecture or engineering associations. (3) **Consultations** (A) *In general* — In carrying out the survey required under paragraph (1), the Government Accountability Office shall, to the maximum extent practicable, consult (and if necessary contract) with national, regional, and tribal Indian education organizations to ensure that a complete and accurate national survey is achieved. (B) *Requests for information* — All Bureau-funded schools shall comply with reasonable requests for information by the Government Accountability Office and shall respond to such requests in a timely fashion. (4) **Submission** — Not later than 2 years after January 8, 2002, the Government Accountability Office shall submit the results of the national survey conducted under paragraph (1) to the Committee on Indian Affairs, the Committee on Health,

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2005

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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. § 5116 — Standards for Indians appointed to Indian Office

The Secretary of the Interior is directed to establish standards of health, age, character, experience, knowledge, and ability for Indians who may be appointed, without regard to civil-service laws, to the various positions maintained, now or hereafter, by the Indian Office, in the administration of functions or services affecting any Indian tribe. Such qualified Indians shall hereafter have the preference to appointment to vacancies in any such positions.

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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

42 U.S.C. § 2001 — Hospitals and health facilities transferred to Public Health Service; restriction on closing hospitals

**(a)** All functions, responsibilities, authorities, and duties of the Department of the Interior, the Bureau of Indian Affairs, Secretary of the Interior, and the Commissioner of Indian Affairs relating to the maintenance and operation of hospital and health facilities for Indians, and the conservation of the health of Indians, are transferred to, and shall be administered by, the Surgeon General of the United States Public Health Service, under the supervision and direction of the Secretary of Health and Human Services: Provided, That hospitals now in operation for a specific tribe or tribes of Indians shall not be closed prior to July 1, 1956, without the consent of the governing body of the tribe or its organized council. **(b)** In carrying out his functions, responsibilities, authorities, and duties under this subchapter, the Secretary is authorized, with the consent of the Indian people served, to contract with private or other non-Federal health agencies or organizations for the provision of health services to such people on a fee-for-service basis or on a prepayment or other similar basis.

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

42 U.S.C. § 2005 — Financial assistance by Surgeon General

Whenever the Surgeon General of the Public Health Service, in carrying out his functions under subchapter I of this chapter with respect to the provision of health services to Indians in any particular area, determines, after consultation with such Indians, that the provision of financial assistance to one or more public or other nonprofit agencies or organizations for the construction of a community hospital constitutes a method of making needed hospital facilities available for such Indians which is more desirable and effective than direct Federal construction, he may provide such financial assistance from funds available for the construction of Indian health facilities for such Indians.

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

25 U.S.C. § 1663a — Nevada Area Office

Page 321 TITLE 25—INDIANS § 1665 (Pub. L. 94–437, title VI, § 603, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Section 603 of Pub. L. 94–437 is based on section 172 of title I of S. 1790, One Hundred Eleventh Congress, as re- ported by the Committee on Indian Affairs of the Sen- ate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. PRIOR PROVISIONS 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 re- ported by the Committee on Indian Affairs of the Sen- ate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. § 1663a. Nevada Area Office (a) In general Not later than 1 year after March 23, 2010, in a manner consistent with the tribal consulta- tion policy of the Service, the Secretary shall submit to Congress a plan describing the man- ner and schedule by which an area office, sepa- rate 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, includ- ing 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 Secret

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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

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