Title 42, The Public Health and WelfareRelease 119-73not60

§290aa–5a Behavioral Health and Substance Use Disorder Resources for Native Americans

Title 42 › Chapter 6A— PUBLIC HEALTH SERVICE › Subchapter III–A— SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION › Part A— Organization and General Authorities › § 290aa–5a

Last updated Apr 5, 2026|Official source

Summary

The Secretary of Health and Human Services, through the Assistant Secretary for Mental Health and Substance Use, must give money to eligible Native health programs so they can prevent, treat, and help people recover from mental health and substance use disorders among American Indians, Alaska Natives, and Native Hawaiians. Eligible groups include Indian Health Service programs, Tribal health programs, Indian Tribes, Tribal organizations, Urban Indian organizations, and the Native Hawaiian health organization Papa Ola Lokahi. The Secretary will set a formula, with input from the Indian Health Service and Native partners, to decide how much each award is. The Secretary must offer technical help to applicants, work with Tribes and Tribal organizations, talk with Urban Indian organizations, and engage Papa Ola Lokahi to set simple reporting and evaluation rules. Applicants must agree to submit required program data. If a Tribe asks, funds can be given through a contract or compact under the Indian Self-Determination and Education Assistance Act. A report to two Congressional committees is due no later than December 29, 2025. Congress has authorized $80,000,000 each year for fiscal years 2023 through 2027 to carry out this work.

Full Legal Text

Title 42, §290aa–5a

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In this section:
(1)The term “eligible entity” means any health program administered directly by the Indian Health Service, a Tribal health program, an Indian Tribe, a Tribal organization, an Urban Indian organization, and a Native Hawaiian health organization.
(2)The terms “Indian Tribe”, “Tribal health program”, “Tribal organization”, and “Urban Indian organization” have the meanings given to the terms “Indian tribe”, “Tribal 11 So in original. Probably should be “tribal”. health program”, “tribal organization”, and “Urban Indian organization” in section 1603 of title 25.
(3)The term “health program administered directly by the Indian Health Service” means a “health program administered by the Service” 22 So in original. Probably should be “ ‘health program administered directly by the Service’ ”. as such term is used in section 1603(12)(A) of title 25.
(4)The term “Native Hawaiian health organization” means “Papa Ola Lokahi” as defined in section 11711 of this title.
(b)(1)The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Director of the Indian Health Service, as appropriate, shall award funds to eligible entities, in amounts developed in accordance with paragraph (2), to be used by the eligible entity to provide services for the prevention of, treatment of, and recovery from mental health and substance use disorders among American Indians, Alaska Natives, and Native Hawaiians.
(2)The Secretary, in consultation with the Director of the Indian Health Service, using the process described in subsection (d), shall develop a formula to determine the amount of an award under paragraph (1).
(3)On request from an Indian Tribe or Tribal organization, the Secretary, acting through the Assistant Secretary for Mental Health and Substance Use and in coordination with the Director of the Indian Health Service, may award funds under this section through a contract or compact under, as applicable, title I or V of the Indian Self-Determination and Education Assistance Act.
(c)(1)The Secretary shall—
(A)provide technical assistance to applicants and awardees under this section; and
(B)in consultation with Indian Tribes and Tribal organizations, conference with Urban Indian organizations, and engagement with a Native Hawaiian health organization, identify and establish appropriate mechanisms for Indian Tribes and Tribal organizations, Urban Indian organizations, and a Native Hawaiian health organization to demonstrate outcomes and report data as required for participation in the program under this section.
(2)As a condition of receipt of funds under this section, an applicant shall agree to submit program evaluation data and reports consistent with the data submission and reporting requirements developed under this subsection.
(d)The Secretary shall, using an accountable process, consult with Indian Tribes and Tribal organizations, confer with Urban Indian organizations, and engage with a Native Hawaiian health organization regarding the development of funding allocations pursuant to subsection (b)(2) and program evaluation and reporting requirements pursuant to subsection (c). In establishing such requirements, the Secretary shall seek to minimize administrative burden for eligible entities, as practicable.
(e)An entity desiring an award under subsection (b) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
(f)Not later than 3 years after December 29, 2022, the Secretary shall prepare and submit, to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report describing the services provided pursuant to this section.
(g)There are authorized to be appropriated to carry out this section, $80,000,000 for each of fiscal years 2023 through 2027.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (b)(3), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203. Title I of the Act, also known as the Indian Self-Determination Act, is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of Title 25, Indians. Title V of the Act is classified generally to subchapter V (§ 5381 et seq.) of such chapter. For complete classification of this Act to the Code, see section 1 of Pub. L. 93–638, set out as a

Short Title

note under section 5301 of Title 25 and Tables.

Amendments

2022—Pub. L. 117–328 amended section generally. Prior to amendment, section related to alcohol and drug prevention or treatment services for Indians and Native Alaskans.

Reference

Citations & Metadata

Citation

42 U.S.C. § 290aa–5a

Title 42, The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60