25 U.S.C. § 1647 | Eligible Indian veteran services

(a)

Findings; purpose

(1)

Findings

Congress finds that—

(A)

collaborations between the Secretary and the Secretary of Veterans Affairs regarding the treatment of Indian veterans at facilities of the Service should be encouraged to the maximum extent practicable; and

(B)

increased enrollment for services of the Department of Veterans Affairs by veterans who are members of Indian tribes should be encouraged to the maximum extent practicable.

(2)

Purpose

February 25, 2003The purpose of this section is to reaffirm the goals stated in the document entitled “Memorandum of Understanding Between the VA/Veterans Health Administration And HHS/Indian Health Service” and dated (relating to cooperation and resource sharing between the Veterans Health Administration and Service).

(b)

Definitions

In this section:

(1)

Eligible Indian veteran

The term “eligible Indian veteran” means an Indian or Alaska Native veteran who receives any medical service that is—

(A)

authorized under the laws administered by the Secretary of Veterans Affairs; and

(B)

25 U.S.C. 450 1

1 See References in Text note below.

administered at a facility of the Service (including a facility operated by an Indian tribe or tribal organization through a contract or compact with the Service under the Indian Self-Determination and Education Assistance Act ( et seq.))  pursuant to a local memorandum of understanding.

(2)

Local memorandum of understanding

February 25, 2003The term “local memorandum of understanding” means a memorandum of understanding between the Secretary (or a designee, including the director of any area office of the Service) and the Secretary of Veterans Affairs (or a designee) to implement the document entitled “Memorandum of Understanding Between the VA/Veterans Health Administration And HHS/Indian Health Service” and dated (relating to cooperation and resource sharing between the Veterans Health Administration and Indian Health Service).

(c)

Eligible Indian veterans expenses

(1)

In general

Notwithstanding any other provision of law, the Secretary shall provide for veteran-related expenses incurred by eligible Indian veterans as described in subsection (b)(1)(B).

(2)

Method of payment

The Secretary shall establish such guidelines as the Secretary determines to be appropriate regarding the method of payments to the Secretary of Veterans Affairs under paragraph (1).

(d)

Tribal approval of memoranda

In negotiating a local memorandum of understanding with the Secretary of Veterans Affairs regarding the provision of services to eligible Indian veterans, the Secretary shall consult with each Indian tribe that would be affected by the local memorandum of understanding.

(e)

Funding

(1)

Treatment

Expenses incurred by the Secretary in carrying out subsection (c)(1) shall not be considered to be Contract Health Service expenses.

(2)

Use of funds

Of funds made available to the Secretary in appropriations Acts for the Service (excluding funds made available for facilities, Contract Health Services, or contract support costs), the Secretary shall use such sums as are necessary to carry out this section.

Pub. L. 94–437, title IV, § 407 Pub. L. 111–148, title X, § 10221(a)Mar. 23, 2010124 Stat. 935(, as added , , .)

Editorial Notes

References in Text

25 U.S.C. 450 Pub. L. 93–638Jan. 4, 197588 Stat. 2203 section 5301 of this titleThe Indian Self-Determination and Education Assistance Act ( et seq.), referred to in subsec. (b)(1)(B), is , , , which was classified principally to subchapter II (§ 450 et seq.) of chapter 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 and Tables.

Codification

Section 407 of Pub. L. 94–437 section 10221(a) of Pub. L. 111–148 is based on section 155 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 .

Prior Provisions

Pub. L. 94–437, title IV, § 407 Pub. L. 102–573, title IV, § 406Oct. 29, 1992106 Stat. 4566 Pub. L. 111–148, title X, § 10221(a)Mar. 23, 2010124 Stat. 935 section 10221(a) of Pub. L. 111–148A prior section 1647, , as added , , , authorized appropriations through fiscal year 2000 to carry out this subchapter, prior to repeal by , , . The repeal is based on section 101(b)(7) 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 .