§ 1601. Congressional findings

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1976

   Indian Health Care Improvement Act

   Pub. L. 94–437 § 2 · 90 Stat. 1400

   Enacted · 25 U.S.C. § 1601

   Pub. L. 94–437, § 2, Sept. 30, 1976, 90 Stat. 1400

   Source evidence

   Code source credit
   Pub. L. 94–437, § 2, Sept. 30, 1976, 90 Stat. 1400

   Enacted provision · exact public law section
   Sec. 2. findings The Congress finds that— (a) Federal health services to maintain and improve the health of the Indians are consonant with and required by the Federal Government’s historical and unique legal relationship with, and resulting responsibility to, the American Indian people. (b) A major national goal of the United States is to provide the quantity and quality of health services which will permit the health status of Indians to lie raised to the highest possible level and to encourage the maximum participation of Indians in the planning and management of those services. (c) Federal health services to Indians have resulted in a reduction in the prevalence and incidence of preventable illnesses among, and unnecessary and premature deaths of, Indians. (d) Despite such services, the unmet health needs of the American Indian people are severe and the health status of the Indians is far below that of the general population of the United States. For example, for Indians compared to all Americans in 1971, the tuberculosis death rate was over four and one-half times greater, the influenza and pneumonia death rate over one and one-half times greater, and the infant death rate approximately 20 per centum greater. (e) All other Federal services and programs in fulfillment of the Federal responsibility to Indians are jeopardized by the low health status of the American Indian people. (f) Further improvement in Indian health is imperiled by— (1) inadequate, outdated, inefficient, and undermanned facilities. For example, only twenty-four of fifty-one Indian Health Service hospitals are accredited by the Joint Commission on Accreditation of Hospitals; only thirty-one meet national fire and safety codes; and fifty-two locations with Indian populations have been identified as requiring either new or replacement health centers and stations, or clinics remodeled for improved or additional service; (2) shortage of personnel. For example, about one-half of the Service hospitals, four-fifths of the Service hospital outpatient clinics, and one-half of the Service health clinics meet only 80 per centum of staffing standards for their respective services; (3) insufficient services in such areas as laboratory, hospital inpatient and outpatient, eye care and mental health services, and services available through contracts with private physicians, clinics, and agencies. For example, about 90 per centum of the surgical operations needed for otitis media have not been performed, over 57 per centum of required dental services remain to be provided, and about 98 per centum of hearing aid requirements are unmet; (4) related support factors. For example, over seven hundred housing units are needed for staff at remote. Service facilities; (5) lack of access of Indians to health services due to remote residences, undeveloped or underdeveloped communication and transportation systems, and difficult, sometimes severe, climate conditions; and (6) lack of safe water and sanitary waste disposal services. For example, over thirty-seven thousand four hundred existing and forty-eight thousand nine hundred and sixty planned replacement and renovated Indian housing units need new or upgraded water and sanitation facilities. (g) The Indian people’s growth of confidence in Federal Indian health services is revealed by their increasingly heavy use of such services. Progress toward the goal of better Indian health is dependent on this continued growth of confidence. Both such progress and such confidence are dependent on improved Federal Indian health services.

2. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 § 3(a) · 106 Stat. 4526

   1. Substituted · 25 U.S.C. § 1601

      Pub. L. 102–573 substituted “finds the following:” for “finds that—” in introductory provisions

   2. Struck · 25 U.S.C. § 1601

      Pub. L. 102–573 struck out last sentence of subsec. (d) which compared death rates of Indians to those of all Americans for tuberculosis, influenza and pneumonia, and compared death rates for infants, subsec. (e) which related to threat to fulfillment of Federal responsibility to Indians posed by low health status of American Indian people, subsec. (f) which enumerated causes imperiling improvements in Indian health, and subsec. (g) which related to confidence of Indian people in Federal Indian health services

   Source evidence

   Code amendment note
   Pub. L. 102–573 substituted “finds the following:” for “finds that—” in introductory provisions and struck out last sentence of subsec. (d) which compared death rates of Indians to those of all Americans for tuberculosis, influenza and pneumonia, and compared death rates for infants, subsec. (e) which related to threat to fulfillment of Federal responsibility to Indians posed by low health status of American Indian people, subsec. (f) which enumerated causes imperiling improvements in Indian health, and subsec. (g) which related to confidence of Indian people in Federal Indian health services.

   Enacted provision · exact public law section
   (a) Findings.— Section 2 of the Act (25 U.S.C. 1601) is amended— (1) in the matter preceding paragraph (a), by striking “finds that—” and inserting “finds the following:”; (2) in paragraph (d), by striking out the second sentence; and (3) by striking out paragraphs (e), (f), and (g).

3. 2010

   Patient Protection and Affordable Care Act

   Pub. L. 111–148 title X § 10221(a) · 124 Stat. 119

   1. Redesignated · 25 U.S.C. § 1601

      Pub. L. 111–148 redesignated subsecs. (a), (b), (c), and (d) as pars. (1), (3), (4), and (5), respectively, realigned margins

   2. Added · 25 U.S.C. § 1601

      Pub. L. 111–148 added par. (2)

   Source evidence

   Code amendment note
   Pub. L. 111–148 redesignated subsecs. (a), (b), (c), and (d) as pars. (1), (3), (4), and (5), respectively, realigned margins, and added par. (2).

   Enacted provision · exact public law section
   (a) In General.— Except as provided in subsection (b), S. 1790 entitled “A bill to amend the Indian Health Care Improvement Act to revise and extend that Act, and for other purposes.”, as reported by the Committee on Indian Affairs of the Senate in December 2009, is enacted into law.

5 of 5 references resolved to an enrolled provision