§ 1603. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1603]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
GENERAL PROVISIONS
Sec. 1603. Definitions
For purposes of this chapter--
(a) ``Secretary'', unless otherwise designated, means the Secretary
of Health and Human Services.
(b) ``Service'' means the Indian Health Service.
(c) ``Indians'' or ``Indian'', unless otherwise designated, means
any person who is a member of an Indian tribe, as defined in subsection
(d) of this section, except that, for the purpose of sections 1612 and
1613 of this title, such terms shall mean any individual who (1),
irrespective of whether he or she lives on or near a reservation, is a
member of a tribe, band, or other organized group of Indians, including
those tribes, bands, or groups terminated since 1940 and those
recognized now or in the future by the State in which they reside, or
who is a descendant, in the first or second degree, of any such member,
or (2) is an Eskimo or Aleut or other Alaska Native, or (3) is
considered by the Secretary of the Interior to be an Indian for any
purpose, or (4) is determined to be an Indian under regulations
promulgated by the Secretary.
(d) ``Indian tribe'' means any Indian tribe, band, nation, or other
organized group or community, including any Alaska Native village or
group or regional or village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43
U.S.C. 1601 et seq.], which is recognized as eligible for the special
programs and services provided by the United States to Indians because
of their status as Indians.
(e) ``Tribal organization'' means the elected governing body of any
Indian tribe or any legally established organization of Indians which is
controlled by one or more such bodies or by a board of directors elected
or selected by one or more such bodies (or elected by the Indian
population to be served by such organization) and which includes the
maximum participation of Indians in all phases of its activities.
(f) ``Urban Indian'' means any individual who resides in an urban
center, as defined in subsection (g) of this section, and who meets one
or more of the four criteria in subsection (c)(1) through (4) of this
section.
(g) ``Urban center'' means any community which has a sufficient
urban Indian population with unmet health needs to warrant assistance
under subchapter IV of this chapter, as determined by the Secretary.
(h) ``Urban Indian organization'' means a nonprofit corporate body
situated in an urban center, governed by an urban Indian controlled
board of directors, and providing for the maximum participation of all
interested Indian groups and individuals, which body is capable of
legally cooperating with other public and private entities for the
purpose of performing the activities described in section 1653(a) of
this title.
(i) ``Area office'' means an administrative entity including a
program office, within the Indian Health Service through which services
and funds are provided to the service units within a defined geographic
area.
(j) ``Service unit'' means--
(1) an administrative entity within the Indian Health Service,
or
(2) a tribe or tribal organization operating health care
programs or facilities with funds from the Service under the Indian
Self-Determination Act [25 U.S.C. 450f et seq.],
through which services are provided, directly or by contract, to the
eligible Indian population within a defined geographic area.
(k) ``Health promotion'' includes--
(1) cessation of tobacco smoking,
(2) reduction in the misuse of alcohol and drugs,
(3) improvement of nutrition,
(4) improvement in physical fitness,
(5) family planning,
(6) control of stress, and
(7) pregnancy and infant care (including prevention of fetal
alcohol syndrome).
(l) ``Disease prevention'' includes--
(1) immunizations,
(2) control of high blood pressure,
(3) control of sexually transmittable diseases,
(4) prevention and control of diabetes,
(5) control of toxic agents,
(6) occupational safety and health,
(7) accident prevention,
(8) fluoridation of water, and
(9) control of infectious agents.
(m) ``Service area'' means the geographical area served by each area
office.
(n) ``Health profession'' means allopathic medicine, family
medicine, internal medicine, pediatrics, geriatric medicine, obstetrics
and gynecology, podiatric medicine, nursing, public health nursing,
dentistry, psychiatry, osteopathy, optometry, pharmacy, psychology,
public health, social work, marriage and family therapy, chiropractic
medicine, environmental health and engineering, an allied health
profession, or any other health profession.
(o) ``Substance abuse'' includes inhalant abuse.
(p) ``FAE'' means fetal alcohol effect.
(q) ``FAS'' means fetal alcohol syndrome.
(Pub. L. 94-437, Sec. 4, Sept. 30, 1976, 90 Stat. 1401; Pub. L. 96-537,
Sec. 2, Dec. 17, 1980, 94 Stat. 3173; Pub. L. 100-713, title II,
Secs. 201(b), 203(b), title V, Sec. 502, Nov. 23, 1988, 102 Stat. 4803,
4804, 4824; Pub. L. 102-573, Sec. 3(c), title IX, Sec. 902(1), Oct. 29,
1992, 106 Stat. 4529, 4591; Pub. L. 104-313, Sec. 2(a), Oct. 19, 1996,
110 Stat. 3820.)
References in Text
The Alaska Native Claims Settlement Act, referred to in subsec. (d),
is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43,
Public Lands. For complete classification of this Act to the Code, see
Short Title note set out under section 1601 of Title 43, and Tables.
The Indian Self-Determination Act, referred to in subsec. (j)(2), is
title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended,
which is classified principally to part A (Sec. 450f et seq.) of
subchapter II of chapter 14 of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 450
of this title and Tables.
Amendments
1996--Subsec. (n). Pub. L. 104-313 inserted ``allopathic medicine,''
before ``family medicine'' and substituted ``an allied health
profession, or any other health profession'' for ``and allied health
professions''.
1992--Subsec. (c). Pub. L. 102-573, Sec. 902(1), substituted
``sections 1612 and 1613 of this title'' for ``sections 1612, 1613, and
1621(c)(5) of this title''.
Subsecs. (m) to (q). Pub. L. 102-573, Sec. 3(c), added subsecs. (m)
to (q).
1988--Subsec. (h). Pub. L. 100-713, Sec. 502, inserted ``urban''
after ``governed by an''.
Subsec. (i). Pub. L. 100-713, Sec. 201(b), added subsec. (i) and
struck out former subsec. (i) which defined ``rural Indian''.
Subsec. (j). Pub. L. 100-713, Sec. 201(b), added subsec. (j) and
struck out former subsec. (j) which defined ``rural community''.
Subsec. (k). Pub. L. 100-713, Secs. 201(b), 203(b), added subsec.
(k) and struck out former subsec. (k) which defined ``rural Indian
organization''.
Subsec. (l). Pub. L. 100-713, Sec. 203(b), added subsec. (l).
1980--Subsec. (a). Pub. L. 96-537, Sec. 2(a), substituted
``Secretary of Health and Human Services'' for ``Secretary of Health,
Education, and Welfare''.
Subsec. (h). Pub. L. 96-537, Sec. 2(b), substituted ``governed by an
Indian controlled board of directors'' for ``composed of urban
Indians''.
Subsecs. (i) to (k). Pub. L. 96-537, Sec. 2(c), added subsecs. (i)
to (k).
Section Referred to in Other Sections
This section is referred to in sections 1656, 1934, 2403 of this
title; title 42 sections 1395qq, 1396d, 1396j, 1396s, 1396u-2, 1397bb.
