25 U.S.C. § 1680u — Traditional health care practices

Page 355 TITLE 25—INDIANS § 1681 1 See References in Text note below. 1 So in original. Probably should be ‘‘AIDS’’. § 1680u. Traditional health care practices Although the Secretary may promote tradi- tional health care practices, consistent with the Service standards for the provision of health care, health promotion, and disease prevention under this chapter, the United States is not lia- ble for any provision of traditional health care practices pursuant to this chapter that results in damage, injury, or death to a patient. Noth- ing in this subsection shall be construed to alter any liability or other obligation that the United States may otherwise have under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 1 or this chapter. (Pub. L. 94–437, title VIII, § 831, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improve- ment Act, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. The Indian Self-Determination and Education Assist- ance Act (25 U.S.C. 450 et seq.), referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was clas- sified principally to subchapter II (§ 450 et seq.) of chap- ter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) 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. CODIFICATION Section 831 of Pub. L. 94–437 is based on section 199A 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. § 1680v. Director of HIV/AIDS Prevention and Treatment (a) Establishment The Secretary, acting through the Service, shall establish within the Service the position of the Director of HIV/AIDS Prevention and Treat- ment (referred to in this section as the ‘‘Direc- tor’’). (b) Duties The Director shall— (1) coordinate and promote HIV/AIDS pre- vention and treatment activities specific to Indians; (2) provide technical assistance to Indian tribes, tribal organizations, and urban Indian organizations regarding existing HIV/AIDS prevention and treatment programs; and (3) ensure interagency coordination to facili- tate the inclusion of Indians in Federal HIV/ AIDS research and grant opportunities, with emphasis on the programs operated under the Ryan White Comprehensive Aids 1 Resources Emergency Act of 1990 (Public Law 101–381; 104 Stat. 576) and the amendments made by that Act. (c) Report Not later than 2 years after March 23, 2010, and not less frequently than once every 2 years thereafter, the Director shall submit to Con- gress a report describing, with respect to the preceding 2-year period— (1) each activity carried out under this sec- tion; and (2) any findings of the Director with respect to HIV/AIDS prevention and treatment activi- ties specific to Indians. (Pub. L. 94–437, title VIII, § 832, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes REFERENCES IN TEXT The Ryan White Comprehensive AIDS Resources Emergency Act of 1990, referred to in subsec. (b)(3), is Pub. L. 101–381, Aug. 18, 1990, 104 Stat. 576, which en- acted subchapter XXIV (§ 300ff et seq.) of chapter 6A of Title 42, The Public Health and Welfare, transferred section 300ee–6 of Title 42 to section 300ff–48 of Title 42, amended sections 284a, 286, 287a, 287c–2 (now 285q–2), 289f, 290aa–3a (now 290aa–1), 299c–5, 300ff–48, and 300aaa to 300aaa–13 (now 238 to 238m) of Title 42, and enacted provisions set out as notes under sections 201, 300x–4, 300ff–11, 300ff–46, and 300ff–80 of Title 42. For complete classification of this Act to the Code, see Short Title of 1990 Amendments note set out under section 201 of Title 42 and Tables. CODIFICATION Section 832 of Pub. L. 94–437 is based on section 199B 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. § 1681. Omitted Editorial Notes CODIFICATION Section, Pub. L. 104–134, title I, § 101(c) [title II], Apr. 26, 1996, 110 Stat. 1321–156, 1321–190; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, which provided that the Indian Health Service was to neither bill nor charge those Indians who may have economic means to pay unless and until Congress directs Service to implement policy to do so, was from the Department of the Interior and Related Agencies Appropriations Act, 1996, and was not repeated in subsequent appro- priations acts. Provisions similar to those in this sec- tion were contained in the following prior appropria- tion acts: Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2529. Pub. L. 103–138, title II, Nov. 11, 1993, 107 Stat. 1409. Pub. L. 102–381, title II, Oct. 5, 1992, 106 Stat. 1409. Pub. L. 102–154, title II, Nov. 13, 1991, 105 Stat. 1027. Pub. L. 101–512, title II, Nov. 5, 1990, 104 Stat. 1952. Pub. L. 101–121, title II, Oct. 23, 1989, 103 Stat. 734. Pub. L. 100–446, title II, Sept. 27, 1988, 102 Stat. 1816. Pub. L. 100–202, § 101(g) [title II], Dec. 22, 1987, 101 Stat. 1329–213, 1329–245. Pub. L. 99–500, § 101(h) [title II], Oct. 18, 1986, 100 Stat. 1783–242, 1783–277, and Pub. L. 99–591, § 101(h) [title II], Oct. 30, 1986, 100 Stat. 3341–242, 3341–277. Pub. L. 99–190, § 101(d) [title II], Dec. 19, 1985, 99 Stat. 1224, 1256. Pub. L. 98–473, title I, § 101(c) [title II], Oct. 12, 1984, 98 Stat. 1837, 1865.