§ 1661. — Establishment of Indian Health Service as an agency of Public Health Service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1661]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER V--ORGANIZATIONAL IMPROVEMENTS
Sec. 1661. Establishment of Indian Health Service as an agency
of Public Health Service
(a) Establishment
In order to more effectively and efficiently carry out the
responsibilities, authorities, and functions of the United States to
provide health care services to Indians and Indian tribes, as are or may
be on and after November 23, 1988, provided by Federal statute or
treaties, there is established within the Public Health Service of the
Department of Health and Human Services the Indian Health Service. The
Indian Health Service shall be administered by a Director, who shall be
appointed by the President, by and with the advice and consent of the
Senate. The Director of the Indian Health Service shall report to the
Secretary through the Assistant Secretary for Health of the Department
of Health and Human Services. Effective with respect to an individual
appointed by the President, by and with the advice and consent of the
Senate, after January 1, 1993, the term of service of the Director shall
be 4 years. A Director may serve more than 1 term.
(b) Agency status
The Indian Health Service shall be an agency within the Public
Health Service of the Department of Health and Human Services, and shall
not be an office, component, or unit of any other agency of the
Department.
(c) Duties
The Secretary shall carry out through the Director of the Indian
Health Service--
(1) all functions which were, on the day before November 23,
1988, carried out by or under the direction of the individual
serving as Director of the Indian Health Service on such day;
(2) all functions of the Secretary relating to the maintenance
and operation of hospital and health facilities for Indians and the
planning for, and provision and utilization of, health services for
Indians;
(3) all health programs under which health care is provided to
Indians based upon their status as Indians which are administered by
the Secretary, including (but not limited to) programs under--
(A) this chapter;
(B) section 13 of this title;
(C) the Act of August 5, 1954 (42 U.S.C. 2001, et seq.);
(D) the Act of August 16, 1957 (42 U.S.C. 2005 et seq.); and
(E) the Indian Self-Determination Act (25 U.S.C. 450f, et
seq.); and
(4) all scholarship and loan functions carried out under
subchapter I of this chapter.
(d) Authority of Secretary
(1) The Secretary, acting through the Director of the Indian Health
Service, shall have the authority--
(A) except to the extent provided in paragraph (2), to appoint
and compensate employees for the Service in accordance with title 5;
(B) to enter into contracts for the procurement of goods and
services to carry out the functions of the Service; and
(C) to manage, expend, and obligate all funds appropriated for
the Service.
(2) Notwithstanding any other law, the provisions of section 472 of
this title shall apply to all personnel actions taken with respect to
new positions created within the Service as a result of its
establishment under subsection (a) of this section.
(Pub. L. 94-437, title VI, Sec. 601, as added Pub. L. 100-713, title VI,
Sec. 601(a), Nov. 23, 1988, 102 Stat. 4824; amended Pub. L. 102-573,
title VI, Secs. 601, 602(a)(1), (c), title IX, Sec. 902(6), (7), Oct.
29, 1992, 106 Stat. 4571, 4592.)
References in Text
Act of August 5, 1954, referred to in subsec. (c)(3)(C), is act Aug.
5, 1954, ch. 658, 68 Stat. 674, as amended, which is classified
generally to subchapter I (Sec. 2001 et seq.) of chapter 22 of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Tables.
Act of August 16, 1957, referred to in subsec. (c)(3)(D), is Pub. L.
85-151, Aug. 16, 1957, 71 Stat. 370, which is classified generally to
subchapter II (Sec. 2005 et seq.) of chapter 22 of Title 42. For
complete classification of this Act to the Code, see Tables.
The Indian Self-Determination Act, referred to in subsec. (c)(3)(E),
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.
Prior Provisions
A prior section 1661, Pub. L. 94-437, title VI, Sec. 601, Sept. 30,
1976, 90 Stat. 1412, related to feasibility study 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, Sec. 602(c), inserted at end
``Effective with respect to an individual appointed by the President, by
and with the advice and consent of the Senate, after January 1, 1993,
the term of service of the Director shall be 4 years. A Director may
serve more than 1 term.''
Pub. L. 102-573, Sec. 602(a)(1), substituted ``President, by and
with the advice and consent of the Senate'' for ``Secretary'' in second
sentence.
Subsec. (c)(3)(D). Pub. L. 102-573, Sec. 902(6), substituted ``(42
U.S.C. 2005 et seq.)'' for ``(25 U.S.C. 2005, et seq.)''.
Subsec. (c)(4). Pub. L. 102-573, Sec. 601, added par. (4).
Subsec. (d)(1)(C). Pub. L. 102-573, Sec. 902(7), substituted
``appropriated'' for ``appropriate''.
Effective Date of 1992 Amendment
Section 602(a)(2) of Pub. L. 102-573 provided that: ``The amendment
made by paragraph (1) [amending this section] shall take effect January
1, 1993.''
Effective Date
Section 601(c) of Pub. L. 100-713 provided that:
``(1) Except as provided in paragraph (2), section 601 of the Indian
Health Care Improvement Act [this section] added by subsection (a) of
this section shall take effect 9 months from the date of the enactment
of this section [Nov. 23, 1988].
``(2) Notwithstanding subsections (b) [set out below] and (c)(1),
any action which carries out such section 601 that is taken by the
Secretary before the effective date of such section 601 shall be
effective beginning on the date such action was taken.''
Interim Appointment
Section 602(b) of Pub. L. 102-573 provided that: ``The President may
appoint an individual to serve as Interim Director of the Service from
January 1, 1993, until such time as a Director is appointed and
confirmed as provided in section 601(a) of the Indian Health Care
Improvement Act (25 U.S.C. 1601 et seq.) [25 U.S.C. 1661(a)] (as amended
by subsection (a) of this section).''
Transfer of Personnel, Records, Equipment, Etc., to Indian Health
Service
Section 601(b) of Pub. L. 100-713 provided that: ``All personnel,
records, equipment, facilities, and interests in property that are
administered by the Indian Health Service on the day before the date on
which the amendments made by this section take effect [see Effective
Date note above] shall be transferred to the Indian Health Service
established by the amendment made by subsection (a) of this section
[enacting this section and section 1662 of this title]. All transfers
must be accomplished within 9 months of the date of enactment of this
section [Nov. 23, 1988]. The Secretary is authorized to waive the Indian
preference laws on a case-by-case basis for temporary transfers involved
in implementing this section during such 9-month period.''
