25 U.S.C. § 1658 — Limitation on contract authority

Page 314 TITLE 25—INDIANS § 1657 1 See References in Text note below. agreed upon for the use and maintenance of such facilities. (e) Uniform provision of services and assistance Contracts with, or grants to, urban Indian or- ganizations and regulations adopted pursuant to this subchapter shall include provisions to as- sure the fair and uniform provision to urban In- dians of services and assistance under such con- tracts or grants by such organizations. (f) Eligibility for health care or referral services Urban Indians, as defined in section 1603(f) 1 of this title, shall be eligible for health care or re- ferral services provided pursuant to this sub- chapter. (Pub. L. 94–437, title V, § 506, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4823; amended Pub. L. 102–573, title V, § 501(b)(4), Oct. 29, 1992, 106 Stat. 4568.) Editorial Notes REFERENCES IN TEXT Section 1603(f) of this title, referred to in subsec. (f), was redesignated section 1603(28) of this title by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935. CODIFICATION ‘‘Sections 3131 and 3133 of title 40’’ substituted in sub- sec. (a) for ‘‘the Act of August 24, 1935 (40 U.S.C. 270a, et seq.)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. PRIOR PROVISIONS A prior section 1656, Pub. L. 94–437, title V, § 506, Sept. 30, 1976, 90 Stat. 1412; Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3179, authorized appropriations, prior to the gen- eral revision of this subchapter by Pub. L. 100–713. AMENDMENTS 1992—Pub. L. 102–573, § 501(b)(4)(D), inserted ‘‘and grant’’ in section catchline. Subsec. (b). Pub. L. 102–573, § 501(b)(4)(A), inserted ‘‘or grants’’ after ‘‘any contracts’’. Subsec. (d). Pub. L. 102–573, § 501(b)(4)(B), inserted ‘‘or grant’’ after ‘‘contract’’ in two places. Subsec. (e). Pub. L. 102–573, § 501(b)(4)(C), inserted ‘‘, or grants to,’’ after ‘‘Contracts with’’ and ‘‘or grants’’ after ‘‘such contracts’’. § 1657. Reports and records (a) Quarterly reports For each fiscal year during which an urban In- dian organization receives or expends funds pur- suant to a contract entered into, or a grant re- ceived, pursuant to this subchapter, such organi- zation shall submit to the Secretary a quarterly report including— (1) in the case of a contract or grant under section 1653 of this title, information gathered pursuant to clauses (10) and (11) of subsection (a) of such section; (2) information on activities conducted by the organization pursuant to the contract or grant; (3) an accounting of the amounts and pur- poses for which Federal funds were expended; and (4) such other information as the Secretary may request. (b) Audit by Secretary and Comptroller General The reports and records of the urban Indian organization with respect to a contract or grant under this subchapter shall be subject to audit by the Secretary and the Comptroller General of the United States. (c) Cost of annual private audit The Secretary shall allow as a cost of any con- tract or grant entered into under section 1653 of this title the cost of an annual private audit conducted by a certified public accountant. (d) Health status, services, and areas of unmet needs; child welfare (1) The Secretary, acting through the Service, shall submit a report to the Congress not later than March 31, 1992, evaluating— (A) the health status of urban Indians; (B) the services provided to Indians through this subchapter; (C) areas of unmet needs in urban areas served under this subchapter; and (D) areas of unmet needs in urban areas not served under this subchapter. (2) In preparing the report under paragraph (1), the Secretary shall consult with urban Indian health providers and may contract with a na- tional organization representing urban Indian health concerns to conduct any aspect of the re- port. (3) The Secretary and the Secretary of the In- terior shall— (A) assess the status of the welfare of urban Indian children, including the volume of child protection cases, the prevalence of child sex- ual abuse, and the extent of urban Indian co- ordination with tribal authorities with respect to child sexual abuse; and (B) submit a report on the assessment re- quired under subparagraph (A), together with recommended legislation to improve Indian child protection in urban Indian populations, to the Congress no later than March 31, 1992. (Pub. L. 94–437, title V, § 507, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4823; amended Pub. L. 101–630, title V, § 507, Nov. 28, 1990, 104 Stat. 4566; Pub. L. 102–573, title V, § 501(b)(5), Oct. 29, 1992, 106 Stat. 4568.) Editorial Notes PRIOR PROVISIONS A prior section 1657, Pub. L. 94–437, title V, § 507, Sept. 30, 1976, 90 Stat. 1412; Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3179, related to review of program by Secretary and report to Congress, prior to the general revision of this subchapter by Pub. L. 100–713. AMENDMENTS 1992—Subsec. (a). Pub. L. 102–573, § 501(b)(5)(A), in- serted ‘‘, or a grant received,’’ after ‘‘entered into’’ in introductory provisions and ‘‘or grant’’ after ‘‘con- tract’’ in pars. (1) and (2). Subsecs. (b), (c). Pub. L. 102–573, § 501(b)(5)(B), inserted ‘‘or grant’’ after ‘‘contract’’. 1990—Subsec. (d). Pub. L. 101–630 added subsec. (d). § 1658. Limitation on contract authority The authority of the Secretary to enter into contracts under this subchapter shall be to the Page 315 TITLE 25—INDIANS § 1660a extent, and in an amount, provided for in appro- priation Acts. (Pub. L. 94–437, title V, § 508, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4824.) Editorial Notes PRIOR PROVISIONS A prior section 1658, Pub. L. 94–437, title V, § 508, Sept. 30, 1976, 90 Stat. 1412, provided that not to exceed 1 per centum of the amounts authorized by section 1656 of this title be available for not to exceed two pilot projects providing outreach services to eligible Indians residing in rural communities near Indian reservations, prior to the general revision of this subchapter by Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3176. § 1659. Facilities renovation The Secretary may make funds available to contractors or grant recipients under this sub- chapter for renovations to facilities or construc- tion or expansion of facilities, including leased facilities. (Pub. L. 94–437, title V, § 509, formerly § 409, as added Pub. L. 101–630, title V, § 506(c), Nov. 28, 1990, 104 Stat. 4566; renumbered § 509 and amend- ed Pub. L. 102–573, title V, §§ 501(b)(6), 505(b)(2), title IX, § 902(5)(A), Oct. 29, 1992, 106 Stat. 4569, 4571, 4591; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935; Pub. L. 117–58, div. G, title XI, § 71104, Nov. 15, 2021, 135 Stat. 1326.) Editorial Notes CODIFICATION Amendment by Pub. L. 111–148 is based on section 161 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 2021—Pub. L. 117–58 struck out ‘‘minor’’ before ‘‘ren- ovations’’ and ‘‘, to assist such contractors or grant re- cipients in meeting or maintaining the Joint Commis- sion for Accreditation of Health Care Organizations (JCAHO) standards’’ before period at end. 2010—Pub. L. 111–148 inserted ‘‘or construction or ex- pansion of facilities’’ after ‘‘renovations to facilities’’. 1992—Pub. L. 102–573, § 902(5)(A), made technical amendment to section catchline. Pub. L. 102–573, § 505(b)(2), struck out last sentence which authorized appropriation of $1,000,000 for fiscal year 1992 to carry out this section. Pub. L. 102–573, § 501(b)(6), inserted ‘‘or grant recipi- ents’’ after ‘‘contractors’’ in two places. § 1660. Urban Health Programs Branch (a) Establishment There is hereby established within the Service a Branch of Urban Health Programs which shall be responsible for carrying out the provisions of this subchapter and for providing central over- sight of the programs and services authorized under this subchapter. (b) Staff, services, and equipment The Secretary shall appoint such employees to work in the branch, including a program direc- tor, and shall provide such services and equip- ment, as may be necessary for it to carry out its responsibilities. The Secretary shall also ana- lyze the need to provide at least one urban health program analyst for each area office of the Indian Health Service and shall submit his findings to the Congress as a part of the Depart- ment’s fiscal year 1993 budget request. (Pub. L. 94–437, title V, § 510, formerly § 511, as added Pub. L. 101–630, title V, § 508, Nov. 28, 1990, 104 Stat. 4567; renumbered § 510 and amended Pub. L. 102–573, title V, § 501(b)(7), title IX, § 902(5)(B), Oct. 29, 1992, 106 Stat. 4569, 4591.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–573, § 902(5)(B), made technical amendment to section catchline. Subsec. (a). Pub. L. 102–573, § 501(b)(7), inserted ‘‘and for providing central oversight of the programs and services authorized under this subchapter’’ before pe- riod at end. § 1660a. Grants for alcohol and substance abuse related services (a) Grants The Secretary may make grants for the provi- sion of health-related services in prevention of, treatment of, rehabilitation of, or school and community-based education in, alcohol and sub- stance abuse in urban centers to those urban In- dian organizations with whom the Secretary has entered into a contract under this subchapter or under section 1621 of this title. (b) Goals of grant Each grant made pursuant to subsection (a) shall set forth the goals to be accomplished pur- suant to the grant. The goals shall be specific to each grant as agreed to between the Secretary and the grantee. (c) Criteria The Secretary shall establish criteria for the grants made under subsection (a), including cri- teria relating to the— (1) size of the urban Indian population; (2) accessibility to, and utilization of, other health resources available to such population; (3) duplication of existing Service or other Federal grants or contracts; (4) capability of the organization to ade- quately perform the activities required under the grant; (5) satisfactory performance standards for the organization in meeting the goals set forth in such grant, which standards shall be nego- tiated and agreed to between the Secretary and the grantee on a grant-by-grant basis; and (6) identification of need for services. The Secretary shall develop a methodology for allocating grants made pursuant to this section based on such criteria. (d) Treatment of funds received by urban Indian organizations Any funds received by an urban Indian organi- zation under this chapter for substance abuse prevention, treatment, and rehabilitation shall be subject to the criteria set forth in subsection (c). (Pub. L. 94–437, title V, § 511, as added Pub. L. 102–573, title V, § 502, Oct. 29, 1992, 106 Stat. 4569.)