25 U.S.C. § 1621g — Health services research

Page 274 TITLE 25—INDIANS § 1621g CODIFICATION Amendment by Pub. L. 111–148 is based on section 126 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 crediting of reim- bursements. 1992—Subsec. (a). Pub. L. 102–573 made technical amendment to reference to section 1680c of this title to reflect renumbering of corresponding section of origi- nal act. § 1621g. Health services research Of the amounts appropriated for the Service in any fiscal year, other than amounts made avail- able for the Indian Health Care Improvement Fund, not less than $200,000 shall be available only for research to further the performance of the health service responsibilities of the Serv- ice. Indian tribes and tribal organizations con- tracting with the Service under the authority of the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] shall be given an equal opportunity to compete for, and receive, research funds under this section. (Pub. L. 94–437, title II, § 208, as added Pub. L. 100–713, title II, § 204, Nov. 23, 1988, 102 Stat. 4812.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination Act, referred to in text, is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. § 1621h. Mental health prevention and treatment services (a) National plan for Indian Mental Health Serv- ices (1) Not later than 120 days after November 28, 1990, the Secretary, acting through the Service, shall develop and publish in the Federal Reg- ister a final national plan for Indian Mental Health Services. The plan shall include— (A) an assessment of the scope of the prob- lem of mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence, among Indians, in- cluding— (i) the number of Indians served by the Service who are directly or indirectly af- fected 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 addi- tional 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 responsibil- ities 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 In- terior shall develop and enter into a memo- randum of agreement under which the Secre- taries shall, among other things— (1) determine and define the scope and na- ture of mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence, among Indians; (2) make an assessment of the existing Fed- eral, 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 Indians, as citizens of the United States and of the States in which they reside, have access to mental health services to which all citizens have access; (B) determine the right of Indians to partici- pate in, and receive the benefit of, such serv- ices; and (C) take actions necessary to protect the ex- ercise of such right; (5) delineate the responsibilities of the Bu- reau of Indian Affairs and the Service, includ- ing mental health identification, prevention, education, referral, and treatment services (including services through multidisciplinary resource teams), at the central, area, and agency and service unit levels to address the problems identified in paragraph (1); (6) provide a strategy for the comprehensive coordination of the mental health services provided by the Bureau of Indian Affairs and the Service to meet the needs identified pursu- ant to paragraph (1), including— (A) the coordination of alcohol and sub- stance abuse programs of the Service, the Bureau of Indian Affairs, and the various tribes (developed under the Indian Alcohol and Substance Abuse Prevention and Treat- ment Act of 1986 [25 U.S.C. 2401 et seq.]) with the mental health initiatives pursuant to this chapter, particularly with respect to the referral and treatment of dually-diagnosed individuals requiring mental health and sub- stance abuse treatment; and (B) ensuring that Bureau of Indian Affairs and Service programs and services (includ- ing multidisciplinary resource teams) ad- dressing child abuse and family violence are coordinated with such non-Federal programs and services; (7) direct appropriate officials of the Bureau of Indian Affairs and the Service, particularly at the agency and service unit levels, to co- operate fully with tribal requests made pursu- ant to subsection (d); and (8) provide for an annual review of such agreement by the two Secretaries. (c) Community mental health plan (1) The governing body of any Indian tribe may, at its discretion, adopt a resolution for the establishment of a community mental health plan providing for the identification and coordi- nation of available resources and programs to