25 U.S.C. § 1660i — Deeming an Urban Indian organization

Page 318 TITLE 25—INDIANS § 1660h ment for donation, subject to subsection (d), to an urban Indian organization that has entered into a contract or received a grant pursuant to this subchapter if the Secretary determines that the property is appropriate for use by the urban Indian organization for purposes of the contract or grant. (d) Priority If the Secretary receives from an urban Indian organization or an Indian tribe or tribal organi- zation a request for a specific item of personal or real property described in subsection (b) or (c), the Secretary shall give priority to the re- quest for donation to the Indian tribe or tribal organization, if the Secretary receives the re- quest from the Indian tribe or tribal organiza- tion before the earlier of— (1) the date on which the Secretary transfers title to the property to the urban Indian orga- nization; and (2) the date on which the Secretary transfers the property physically to the urban Indian organization. (e) Executive agency status For purposes of section 501(a) of title 40, an urban Indian organization that has entered into a contract or received a grant pursuant to this subchapter may be considered to be an Execu- tive agency in carrying out the contract or grant. (Pub. L. 94–437, title V, § 517, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Section 517 of Pub. L. 94–437 is based on section 166 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. § 1660h. Health information technology The Secretary, acting through the Service, may make grants to urban Indian organizations under this subchapter for the development, adoption, and implementation of health infor- mation technology (as defined in section 300jj of title 42), telemedicine services development, and related infrastructure. (Pub. L. 94–437, title V, § 518, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Section 518 of Pub. L. 94–437 is based on section 166 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. § 1660i. Deeming an Urban Indian organization and employees thereof to be a part of the public health service for the purposes of cer- tain claims for personal injury Section 5321(d) of this title shall apply— (1) to an Urban Indian organization to the same extent and in the same manner as such section applies to an Indian tribe, a tribal or- ganization, and an Indian contractor; and (2) to the employees of an Urban Indian or- ganization to the same extent and in the same manner as such section applies to employees of an Indian tribe, a tribal organization, or an Indian contractor. (Pub. L. 94–437, title V, § 519, as added Pub. L. 116–313, § 1, Jan. 5, 2021, 134 Stat. 4929.) SUBCHAPTER V—ORGANIZATIONAL IMPROVEMENTS Editorial Notes CODIFICATION This subchapter was in the original title VI of Pub. L. 94–437. Titles IV and V of Pub. L. 94–437 are classified to subchapters III–A and IV of this chapter, respectively. § 1661. Establishment of the Indian Health Serv- ice as an agency of the Public Health Service (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 trea- ties, there is established within the Public Health Service of the Department the Indian Health Service. (2) Director The Service shall be administered by a Di- rector, who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate. The Director shall report to the Secretary. Effective with respect to an indi- vidual appointed by the President, by and with the advice and consent of the Senate, after January 1, 2008, the term of service of the Di- rector shall be 4 years. A Director may serve more than 1 term. (3) Incumbent The individual serving in the position of Di- rector 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 develop- ment of appropriate Indian health policy; and (B) promote consultation on matters relat- ing 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—