§ 1631. Consultation; closure of facilities; reports

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. Subsec. (g) is set out below.
3. 3 So in original. Subsec. (h) is set out above.
4. 4 So in original. Probably should be “paragraph (1) or (2)”.

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 title III § 301 · 90 Stat. 1400

   Enacted · 25 U.S.C. § 1631

   Pub. L. 94–437, title III, § 301, Sept. 30, 1976, 90 Stat. 1406

   Source evidence

   Code source credit
   Pub. L. 94–437, title III, § 301, Sept. 30, 1976, 90 Stat. 1406

   Enacted provision · exact public law section
   Sec. 301. construction and renovation of service facilities (a) The Secretary, acting through the Service, is authorized to expend over the seven-fiscal-year period beginning after the date of the enactment of this Act the sums authorized by subsection (b) for the construction and renovation of hospitals, health centers, health stations, and other facilities of the Service. (b) The following amounts are authorized to be appropriated for purposes of subsection (a): (1) Hospitals: $67,180,000 for fiscal year 1978, $73,256,000 for fiscal year 1979, and $49,742,000 for fiscal year 1980. For fiscal years 1981, 1982, 1983, and 1984, there are authorized to be appropriated for hospitals such sums as may be specifically authorized by an Act enacted after this Act. (2) Health centers and health stations: $6,960,000 for fiscal year 1978, $6,226,000 for fiscal year 1979, and $3,720,000 for fiscal year 1980. For fiscal years 1981, 1982, 1983, and 1984 there are authorized to he appropriated for health centers mid health stations such sums as may be specifically authorized by an Act (3) Staff housing: $1,242,000 for fiscal year 1978, $21,725,000 for fiscal year 1979, and $4,116,000 for fiscal year 1980. For fiscal years 1981, 1982, 1983, and 1984, there are authorized to he appropriated for staff housing such sums as may be specifically authorized by an Act enacted after this Act. (c) Prior to the expenditure of, or the making of any firm commitment to expend, any funds authorized in subsection (a), the Secretary, acting through the Service shall— (1) consult with any Indian tribe to be significantly affected by any such expenditure for the purpose of determining and, wherever practicable, honoring tribal preferences concerning the size, location, type, and other characteristics of any facility on which, such expenditure is to be made; and (2) be assured that, wherever practicable, such facility, not later than one year after its construction or renovation, shall meet the standards of the Joint Committee on Accreditation of Hospitals.

2. 1988

   Indian Health Care Amendments of 1988

   Pub. L. 100–713 title III § 301 · 102 Stat. 4784

   1. Amended · 25 U.S.C. § 1631

      Pub. L. 100–713 amended section generally

   2. Substituted · 25 U.S.C. § 1631

      Pub. L. 100–713 substituting subsecs. (a) to (e) relating to consultation, closure of facilities, and reports for former subsecs. (a) to (c) relating to construction and renovation of Service facilities

   Source evidence

   Code amendment note
   Pub. L. 100–713 amended section generally, substituting subsecs. (a) to (e) relating to consultation, closure of facilities, and reports for former subsecs. (a) to (c) relating to construction and renovation of Service facilities.

   Enacted provision · exact public law section
   Sec. 301. consultation; closure of facilities; reports Section 301 (25 U.S.C. 1631) is amended to read as follows: “Sec. 301. “consultation; closure of facilities; reports (a) Prior to the expenditure of, or the making of any firm commitment to expend any funds appropriated for the planning, design, construction, or renovation of facilities pursuant to the Act of November 2, 1921 (25 U.S.C. 13), popularly known as the Snyder Act, the Secretary, acting through the Service, shall— “(1) consult with any Indian tribe that would be significantly affected by such expenditure for the purpose of determining and, whenever practicable, honoring tribal preferences concerning size, location, type, and other characteristics of any facility on which such expenditure is to be made, and “(2) ensure, whenever practicable, that such facility meets the standards of the Joint Commission on Accreditation of Hospitals by not later than 1 year after the date on which the construction or renovation of such facility is completed. “(b) (1) Notwithstanding any provision of law other than this subsection, no Service hospital or other outpatient health care facility of the Service, or any portion of such a hospital or facility, may be closed if the Secretary has not submitted to the Congress at least 1 year prior to the date such hospital or facility (or portion thereof) is proposed to be closed an evaluation of the impact of such proposed closure which specifies, in addition to other considerations— “(A) the accessibility of alternative health care resources for the population served by such hospital or facility; “(B) the cost effectiveness of such closure; “(C) the quality of health care to be provided to the population served by such hospital or facility after such closure; “(D) the availability of contract health care funds to maintain existing levels of service; and “(E) the views of the Indian tribes served by such hospital or facility concerning such closure. “(2) Paragraph (1) shall not apply to any temporary closure of a facility or of any portion of a facility if such closure is necessary for medical, environmental, or safety reasons. “(c) The President shall include with the budget submitted under President of U.S. section 1105 of title 31, United States Code, for each of the fiscal years 1990, 1991, and 1992, program information documents for the construction of 10 Indian health facilities which— “(1) comply with applicable construction standards, and “(2) have been approved by the Secretary. “(d) (1) The Secretary shall submit to the Congress an annual Reports. report which sets forth— “(A) the current health facility priority system of the Service, “(B) the planning, design, construction, and renovation needs for the 10 top-priority inpatient care facilities and the 10 top-priority ambulatory care facilities (together with required staff quarters), “(C) the justification for such order of priority, “(D) the projected cost of such projects, and “(E) the methodology adopted by the Service in establishing priorities under its health facility priority system. “(2) The first report required under paragraph (1) shall be submitted by no later than the date that is 180 days after the date of enactment of the Indian Health Care Amendments of 1988 and, beginning in 1990, each subsequent annual report shall be submitted by the date that is 60 days after the date on which the President submits the budget to the Congress under section 1105 of title 31, United States Code. “(3) In preparing each report required under paragraph (1) (other than the initial report), the Secretary shall— “(A) consult with Indian tribes and tribal organizations including those tribes or tribal organizations operating health programs or facilities under any contract entered into with the Service under the Indian Self-Determination Act, and “(B) review the needs of such tribes and tribal organizations for inpatient and outpatient facilities, including their needs for renovation and expansion of costing facilities. “(4) For purposes of this subsection, the Secretary shall, in evaluating the needs of facilities operated under any contract entered into with the Service under the Indian Self-Determination Act, use the same criteria that the Secretary uses in evaluating the needs of facilities operated directly by the Service. “(5) The Secretary shall ensure that the planning, design, construction, and renovation needs of Service and non-Service facilities which are the subject of a contract for health services entered into with the Service under the Indian Self-Determination Act are fully and equitably integrated into the development of the health facility priority system. “(e) All funds appropriated under the Act of November 2, 1921 (25 U.S.C. 13), for the planning, design, construction, or renovation of health facilities for the benefit of an Indian tribe or tribes shall be subject to the provisions of sections 102 and 103(b) of the Indian Self-Determination Act.”.

3. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 § 301(1) · 106 Stat. 4526

   Substituted · 25 U.S.C. § 1631(a)(2)

   Pub. L. 102–573, § 301(1), substituted “Health Care Organizations” for “Hospitals”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 102–573, § 301(1), substituted “Health Care Organizations” for “Hospitals”.

   Enacted provision · exact public law section
   (1) in subsection (a)(2), by striking out “Hospitals” and inserting “Health Care Organizations”;

4. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 § 301(2) · 106 Stat. 4526

   1. Struck · 25 U.S.C. § 1631(b)(1)

      Pub. L. 102–573, § 301(2), struck out “other” before “outpatient health care facility” in introductory provisions

   2. Added · 25 U.S.C. § 1631(b)(1)

      Pub. L. 102–573, § 301(2), added subpars. (F) and (G)

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 102–573, § 301(2), struck out “other” before “outpatient health care facility” in introductory provisions and added subpars. (F) and (G).

   Enacted provision · exact public law section
   (2) in subsection (b)(1)— (A) in the material preceding subparagraph (A), by striking out “other” before “outpatient”; (B) by striking out “and” at the end of subparagraph (D); (C) by striking out the period at the end of subparagraph (E) and inserting in lieu thereof a semicolon; and (D) by adding at the end the following new subparagraphs: “(F) the level of utilization of such hospital or facility by all eligible Indians and “(G) the distance between such hospital or facility and the nearest operating Service hospital.”;

5. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 § 301(3) · 106 Stat. 4526

   1. Redesignated · 25 U.S.C. § 1631(c)

      Pub. L. 102–573, § 301(3), redesignated subsec. (d) as (c)

   2. Struck · 25 U.S.C. § 1631(c)

      Pub. L. 102–573, § 301(3), struck out former subsec. (c) which read as follows: “The President shall include with the budget submitted under section 1105 of title 31, for each of the fiscal years 1990, 1991, and 1992, program information documents for the construction of 10 Indian health facilities which—

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–573, § 301(3), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “The President shall include with the budget submitted under section 1105 of title 31, for each of the fiscal years 1990, 1991, and 1992, program information documents for the construction of 10 Indian health facilities which—

   “(1) comply with applicable construction standards, and “(2) have been approved by the Secretary.”

   Enacted provision · exact public law section
   (3) by striking out subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively;

6. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 § 301(4) · 106 Stat. 4526

   Amended · 25 U.S.C. § 1631(c)(1)

   Pub. L. 102–573, § 301(4), amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “The Secretary shall submit to the Congress an annual report which sets forth—”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 102–573, § 301(4), amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “The Secretary shall submit to the Congress an annual report which sets forth—”.

   Enacted provision · exact public law section
   (4) in subsection (c)(1) (as redesignated by paragraph (2) of this subsection), by amending the material preceding subparagraph (A) to read as follows: “(c) (1) The Secretary shall submit to the President, for inclusion in each report required to be transmitted to the Congress under section 801, a report which sets forth—”; and

7. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 § 301(5) · 106 Stat. 4526

   1. Redesignated · 25 U.S.C. § 1631(c)(2)(5)

      Pub. L. 102–573, § 301(5), redesignated pars. (3) to (5) as (2) to (4), respectively

   2. Struck · 25 U.S.C. § 1631(c)(2)(5)

      Pub. L. 102–573, § 301(5), struck out former par. (2) which read as follows: “The first report required under paragraph (1) shall be submitted by no later than the date that is 180 days after November 23, 1988, and, beginning in 1990, each subsequent annual report shall be submitted by the date that is 60 days after the date on which the President submits the budget to the Congress under section 1105 of title 31.”

   Source evidence

   Code amendment note
   Subsec. (c)(2) to (5). Pub. L. 102–573, § 301(5), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: “The first report required under paragraph (1) shall be submitted by no later than the date that is 180 days after November 23, 1988, and, beginning in 1990, each subsequent annual report shall be submitted by the date that is 60 days after the date on which the President submits the budget to the Congress under section 1105 of title 31.”

   Enacted provision · exact public law section
   (5) by striking out paragraph (2) of subsection (c) (as redesignated by paragraph (2)) and redesignating paragraphs (3), (4), and (5) of such subsection as paragraphs (2), (3), and (4), respectively.

8. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 title III § 301 · 106 Stat. 4526

   1. Redesignated · 25 U.S.C. § 1631(d); 25 U.S.C. § 1631(e)

      Pub. L. 102–573, §§ 301(3), 902(4)(B), redesignated subsec. (e) as (d)

   2. Redesignated · 25 U.S.C. § 1631(d); 25 U.S.C. § 1631(e)

      Pub. L. 102–573, §§ 301(3), 902(4)(B), substituted “section 102 of the Indian Self-Determination Act” for “sections 102 and 103(b) of the Indian Self-Determination Act”. Former subsec. (d) redesignated (c)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 102–573, §§ 301(3), 902(4)(B), redesignated subsec. (e) as (d) and substituted “section 102 of the Indian Self-Determination Act” for “sections 102 and 103(b) of the Indian Self-Determination Act”. Former subsec. (d) redesignated (c).

   Enacted provision · exact public law section
   SEC. 301. HEALTH FACILITIES CLOSURE AND PRIORITIES. Section 301 of the Act (25 U.S.C. 1631) is amended— (1) in subsection (a)(2), by striking out “Hospitals” and inserting “Health Care Organizations”; (2) in subsection (b)(1)— (A) in the material preceding subparagraph (A), by striking out “other” before “outpatient”; (B) by striking out “and” at the end of subparagraph (D); (C) by striking out the period at the end of subparagraph (E) and inserting in lieu thereof a semicolon; and (D) by adding at the end the following new subparagraphs: “(F) the level of utilization of such hospital or facility by all eligible Indians and “(G) the distance between such hospital or facility and the nearest operating Service hospital.”; (3) by striking out subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; (4) in subsection (c)(1) (as redesignated by paragraph (2) of this subsection), by amending the material preceding subparagraph (A) to read as follows: “(c) (1) The Secretary shall submit to the President, for inclusion in each report required to be transmitted to the Congress under section 801, a report which sets forth—”; and (5) by striking out paragraph (2) of subsection (c) (as redesignated by paragraph (2)) and redesignating paragraphs (3), (4), and (5) of such subsection as paragraphs (2), (3), and (4), respectively.

9. 2010

   Patient Protection and Affordable Care Act

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

   1. Added · 25 U.S.C. § 1631

      Pub. L. 111–148 added subsecs. (c) to (f)

   2. Redesignated · 25 U.S.C. § 1631

      Pub. L. 111–148 redesignated former subsec. (d) as (h)

   3. Added · 25 U.S.C. § 1631

      Pub. L. 111–148 added subsec. (g) at end

   4. Struck · 25 U.S.C. § 1631

      Pub. L. 111–148 struck out former subsec. (c) which related to annual report on health facility priority system

   Source evidence

   Code amendment note
   Pub. L. 111–148 added subsecs. (c) to (f), redesignated former subsec. (d) as (h), added subsec. (g) at end, and struck out former subsec. (c) which related to annual report on health facility priority system.

   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.

17 of 17 references resolved to an enrolled provision