25 U.S.C. § 1621m — Epidemiology centers

Page 280 TITLE 25—INDIANS § 1621m 1 See References in Text note below. (1) emergency air transportation and non- emergency air transportation where ground transportation is infeasible; (2) transportation by private vehicle (where no other means of transportation is available), specially equipped vehicle, and ambulance; and (3) transportation by such other means as may be available and required when air or motor vehicle transportation is not available. (Pub. L. 94–437, title II, § 213, as added Pub. L. 102–573, title II, § 208, Oct. 29, 1992, 106 Stat. 4551; amended 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. (b), 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. This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Im- provement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. CODIFICATION Amendment by Pub. L. 111–148 is based on sections 101(c)(2) and 129 of title I of S. 1790, One Hundred Elev- enth Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which were enacted into law by section 10221(a) of Pub. L. 111–148. AMENDMENTS 2010—Pub. L. 111–148 amended section generally. Prior to amendment, section directed Secretary to provide funds for patient travel costs for emergency air trans- portation and nonemergency air transportation where ground transportation was infeasible and authorized appropriations for fiscal years 1993 to 2000. Pub. L. 111–148 substituted ‘‘The Secretary’’ for ‘‘(a) The Secretary’’ prior to general amendment of section. See above. § 1621m. Epidemiology centers (a) Establishment of centers (1) In general The Secretary shall establish an epidemi- ology center in each Service area to carry out the functions described in subsection (b). (2) New centers (A) In general Subject to subparagraph (B), any new cen- ter established after March 23, 2010, may be operated under a grant authorized by sub- section (d). (B) Requirement Funding provided in a grant described in subparagraph (A) shall not be divisible. (3) Funds not divisible An epidemiology center established under this subsection shall be subject to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),1 but the funds for the center shall not be divisible. (b) Functions of centers In consultation with and on the request of In- dian tribes, tribal organizations, and urban In- dian organizations, each Service area epidemi- ology center established under this section shall, with respect to the applicable Service area— (1) collect data relating to, and monitor progress made toward meeting, each of the health status objectives of the Service, the In- dian tribes, tribal organizations, and urban In- dian organizations in the Service area; (2) evaluate existing delivery systems, data systems, and other systems that impact the improvement of Indian health; (3) assist Indian tribes, tribal organizations, and urban Indian organizations in identifying highest-priority health status objectives and the services needed to achieve those objec- tives, based on epidemiological data; (4) make recommendations for the targeting of services needed by the populations served; (5) make recommendations to improve health care delivery systems for Indians and urban Indians; (6) provide requested technical assistance to Indian tribes, tribal organizations, and urban Indian organizations in the development of local health service priorities and incidence and prevalence rates of disease and other ill- ness in the community; and (7) provide disease surveillance and assist In- dian tribes, tribal organizations, and urban In- dian communities to promote public health. (c) Technical assistance The Director of the Centers for Disease Con- trol and Prevention shall provide technical as- sistance to the centers in carrying out this sec- tion. (d) Grants for studies (1) In general The Secretary may make grants to Indian tribes, tribal organizations, Indian organiza- tions, and eligible intertribal consortia to con- duct epidemiological studies of Indian commu- nities. (2) Eligible intertribal consortia An intertribal consortium or Indian organi- zation shall be eligible to receive a grant under this subsection if the intertribal consor- tium is— (A) incorporated for the primary purpose of improving Indian health; and (B) representative of the Indian tribes or urban Indian communities residing in the area in which the intertribal consortium is located. (3) Applications An application for a grant under this sub- section shall be submitted in such manner and at such time as the Secretary shall prescribe. (4) Requirements An applicant for a grant under this sub- section shall— Page 281 TITLE 25—INDIANS § 1621n (A) demonstrate the technical, administra- tive, and financial expertise necessary to carry out the functions described in para- graph (5); (B) consult and cooperate with providers of related health and social services in order to avoid duplication of existing services; and (C) demonstrate cooperation from Indian tribes or urban Indian organizations in the area to be served. (5) Use of funds A grant provided under paragraph (1) may be used— (A) to carry out the functions described in subsection (b); (B) to provide information to, and consult with, tribal leaders, urban Indian commu- nity leaders, and related health staff regard- ing health care and health service manage- ment issues; and (C) in collaboration with Indian tribes, tribal organizations, and urban Indian orga- nizations, to provide to the Service informa- tion regarding ways to improve the health status of Indians. (e) Access to information (1) In general An epidemiology center operated by a grant- ee pursuant to a grant awarded under sub- section (d) shall be treated as a public health authority (as defined in section 164.501 of title 45, Code of Federal Regulations (or a successor regulation)) for purposes of the Health Insur- ance Portability and Accountability Act of 1996 (Public Law 104–191; 110 Stat. 1936). (2) Access to information The Secretary shall grant to each epidemi- ology center described in paragraph (1) access to use of the data, data sets, monitoring sys- tems, delivery systems, and other protected health information in the possession of the Secretary. (3) Requirement The activities of an epidemiology center de- scribed in paragraph (1) shall be for the pur- poses of research and for preventing and con- trolling disease, injury, or disability (as those activities are described in section 164.512 of title 45, Code of Federal Regulations (or a suc- cessor regulation)), for purposes of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 110 Stat. 1936). (Pub. L. 94–437, title II, § 214, as added Pub. L. 102–573, title II, § 210, Oct. 29, 1992, 106 Stat. 4551; amended 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. (a)(3), 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. The Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (e)(1), (3), is Pub. L. 104–191, Aug. 21, 1996, 110 Stat. 1936. For complete classi- fication of this Act to the Code, see Short Title of 1996 Amendments note set out under section 201 of Title 42, The Public Health and Welfare, and Tables. CODIFICATION Amendment by Pub. L. 111–148 is based on section 130 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 and functions of epidemiology centers. § 1621n. Comprehensive school health education programs (a) Award of grants The Secretary, acting through the Service and in consultation with the Secretary of the Inte- rior, may award grants to Indian tribes to de- velop comprehensive school health education programs for children from preschool through grade 12 in schools located on Indian reserva- tions. (b) Use of grants Grants awarded under this section may be used to— (1) develop health education curricula; (2) train teachers in comprehensive school health education curricula; (3) integrate school-based, community- based, and other public and private health pro- motion efforts; (4) encourage healthy, tobacco-free school environments; (5) coordinate school-based health programs with existing services and programs available in the community; (6) develop school programs on nutrition education, personal health, and fitness; (7) develop mental health wellness programs; (8) develop chronic disease prevention pro- grams; (9) develop substance abuse prevention pro- grams; (10) develop accident prevention and safety education programs; (11) develop activities for the prevention and control of communicable diseases; and (12) develop community and environmental health education programs. (c) Assistance The Secretary shall provide technical assist- ance to Indian tribes in the development of health education plans, and the dissemination of health education materials and information on existing health programs and resources. (d) Criteria for review and approval of applica- tions The Secretary shall establish criteria for the review and approval of applications for grants made pursuant to this section. (e) Report of recipient Recipients of grants under this section shall submit to the Secretary an annual report on ac-