25 U.S. Code § 1671 - Reports

§ 1671.

Reports

The President shall, at the time the budget is submitted under section 1105 of title 31, for each fiscal year transmit to the Congress a report containing—

(1)

a report on the progress made in meeting the objectives of this chapter, including a review of programs established or assisted pursuant to this chapter and an assessment and recommendations of additional programs or additional assistance necessary to, at a minimum, provide health services to Indians, and ensure a health status for Indians, which are at a parity with the health services available to and the health status of, the general population;

(2)

a report on whether, and to what extent, new national health care programs, benefits, initiatives, or financing systems have had an impact on the purposes of this chapter and any steps that the Secretary may have taken to consult with Indian tribes to address such impact;

(3) a report on the use of health services by Indians—

(A)

on a national and area or other relevant geographical basis;

(B)

by gender and age;

(C)

by source of payment and type of service; and

(D)

comparing such rates of use with rates of use among comparable non-Indian populations.[1]

(4)

a separate statement which specifies the amount of funds requested to carry out the provisions of section 1621 of this title;

(5)

a separate statement of the total amount obligated or expended in the most recently completed fiscal year to achieve each of the objectives described in section 1680d of this title, relating to infant and maternal mortality and fetal alcohol syndrome;

(6)

the reports required by sections 1602(d),[2] 1616a(n), 1621b(b), 1621h(j), 1631(c), 1632(g), 1634(a)(3), 1643, 1665g(e),[2] and 1680g(a), and 1680l(f) [2] of this title;

(7)

for fiscal year 1995, the report required by sections 1665a(c)(3) ² and 1665l(b) ² of this title;

(8)

for fiscal year 1997, the interim report required by section 1637(h)(1) ² of this title; and

(9)

for fiscal year 1999, the reports required by sections 1637(h)(2),² 1660b(b),² 1665j(f),² and 1680k(g) ² of this title.

(Pub. L. 94–437, title VIII, § 801, formerly title VII, § 701, Sept. 30, 1976, 90 Stat. 1413; renumbered title VIII, § 801, and amended Pub. L. 102–573, title VII, § 701(a), (b), title VIII, § 801, Oct. 29, 1992, 106 Stat. 4572, 4584.)

[1]  So in original. The period probably should be a semicolon.

[2]  See References in Text note below.

References in Text

Section 1602 of this title, referred to in par. (6), was amended generally by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935, and, as so amended, no longer contains a subsec. (d).

Section 1665g of this title, referred to in par. (6), was omitted and a new section 1665g was enacted in the general amendment of subchapter V–A by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935. Subsec. (e) of the new section 1665g does not relate to reporting requirements.

Section 1680l of this title, referred to in par. (6), was amended generally by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935, and, as so amended, no longer contains a subsec. (f).

Section 1665a of this title, referred to in par. (7), was omitted and a new section 1665a was enacted in the general amendment of subchapter V–A by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935. Subsec. (c)(3) of the new section 1665a does not relate to reporting requirements.

Section 1665l of this title, referred to in par. (7), was omitted and a new section 1665l was enacted in the general amendment of subchapter V–A by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935. The new section 1665l does not contain provisions relating to reporting requirements.

Section 1637 of this title, referred to in pars. (8) and (9), was amended generally by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935, and, as so amended, no longer contains a subsec. (h).

Section 1660b of this title, referred to in par. (9), was amended generally by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935, and, as so amended, no longer contains a subsec. (b).

Section 1665j of this title, referred to in par. (9), was omitted and a new section 1665j was enacted in the general amendment of subchapter V–A by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935. The new section 1665j does not contain a subsec. (f).

Section 1680k of this title, referred to in par. (9), was repealed by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.

Amendments

1992—Pub. L. 102–573, § 801, amended section generally. Prior to amendment, section read as follows: “The Secretary shall report annually to the President and the Congress on progress made in effecting the purposes of this chapter. Within three months after the end of fiscal year 1979, the Secretary shall review expenditures and progress made under this chapter and make recommendations to the Congress concerning any additional authorizations for fiscal years 1981 through 1984 for programs authorized under this chapter which he deems appropriate. In the event the Congress enacts legislation authorizing appropriations for programs under this chapter for fiscal years 1981 through 1984, within three months after the end of fiscal year 1983, the Secretary shall review programs established or assisted pursuant to this chapter and shall submit to the Congress his assessment and recommendations of additional programs or additional assistance necessary to, at a minimum, provide health services to Indians, and insure a health status for Indians, which are at a parity with the health services available to, and the health status, of the general population.”

Commission on Indian and Native Alaskan Health Care

Pub. L. 106–310, div. B, title XXXIII, § 3307, Oct. 17, 2000, 114 Stat. 1216, provided that:

“(a)In General.—

There is established a commission to be known as the Commission on Indian and Native Alaskan Health Care that shall examine the health concerns of Indians and Native Alaskans who reside on reservations and tribal lands (hereafter in this section referred to as the ‘Commission’).

“(b) Membership.—

“(1)In general.—The Commission established under subsection (a) shall consist of—

“(A)

the Secretary;

“(B)

15 members who are experts in the health care field and issues that the Commission is established to examine; and

“(C)

the Director of the Indian Health Service and the Commissioner of Indian Affairs, who shall be nonvoting members.

“(2)Appointing authority.—Of the 15 members of the Commission described in paragraph (1)(B)—

“(A)

two shall be appointed by the Speaker of the House of Representatives;

“(B)

two shall be appointed by the Minority Leader of the House of Representatives;

“(C)

two shall be appointed by the Majority Leader of the Senate;

“(D)

two shall be appointed by the Minority Leader of the Senate; and

“(E)

seven shall be appointed by the Secretary.

“(3)Limitation.—

Not fewer than 10 of the members appointed to the Commission shall be Indians or Native Alaskans.

“(4)Chairperson.—

The Secretary shall serve as the Chairperson of the Commission.

“(5)Experts.—

The Commission may seek the expertise of any expert in the health care field to carry out its duties.

“(c)Period of Appointment.—

Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filed [sic] in the same manner as the original appointment.

“(d)Duties of the Commission.—The Commission shall—

“(1)

study the health concerns of Indians and Native Alaskans; and

“(2)

prepare the reports described in subsection (i).

“(e) Powers of the Commission.—

“(1)Hearings.—

The Commission may hold such hearings, including hearings on reservations, sit and act at such times and places, take such testimony, and receive such information as the Commission considers advisable to carry out the purpose for which the Commission was established.

“(2)Information from federal agencies.—

The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the purpose for which the Commission was established. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission.

“(f) Compensation of Members.—

“(1)In general.—

Except as provided in subparagraph (B), each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time), during which that member is engaged in the actual performance of the duties of the Commission.

“(2)Limitation.—

Members of the Commission who are officers or employees of the United States shall receive no additional pay on account of their service on the Commission.

“(g)Travel Expenses of Members.—

The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under section 5703 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

“(h) Commission Personnel Matters.—

“(1)In general.—

The Secretary, in accordance with rules established by the Commission, may select and appoint a staff director and other personnel necessary to enable the Commission to carry out its duties.

“(2)Compensation of personnel.—

The Secretary, in accordance with rules established by the Commission, may set the amount of compensation to be paid to the staff director and any other personnel that serve the Commission.

“(3)Detail of government employees.—

Any Federal Government employee may be detailed to the Commission without reimbursement, and the detail shall be without interruption or loss of civil service status or privilege.

“(4)Consultant services.—

The Chairperson of the Commission is authorized to procure the temporary and intermittent services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates not to exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of such title.

“(i) Report.—

“(1)In general.—Not later than 3 years after the date of the enactment of the Youth Drug and Mental Health Services Act [Oct. 17, 2000], the Secretary shall prepare and submit, to the Committee on Health, Education, Labor, and Pensions of the Senate, a report that shall—

“(A)

detail the health problems faced by Indians and Native Alaskans who reside on reservations;

“(B)

examine and explain the causes of such problems;

“(C)

describe the health care services available to Indians and Native Alaskans who reside on reservations and the adequacy of such services;

“(D)

identify the reasons for the provision of inadequate health care services for Indians and Native Alaskans who reside on reservations, including the availability of resources;

“(E)

develop measures for tracking the health status of Indians and Native Americans who reside on reservations; and

“(F)

make recommendations for improvements in the health care services provided for Indians and Native Alaskans who reside on reservations, including recommendations for legislative change.

“(2)Exception.—

In addition to the report required under paragraph (1), not later than 2 years after the date of the enactment of the Youth Drug and Mental Health Services Act [Oct. 17, 2000], the Secretary shall prepare and submit, to the Committee on Health, Education, Labor, and Pensions of the Senate, a report that describes any alcohol and drug abuse among Indians and Native Alaskans who reside on reservations.

“(j)Permanent Commission.—

Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.

“(k)Authorization of Appropriations.—

There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2001, and such sums as may be necessary for fiscal years 2002 and 2003.”

References to Sections 701 to 720 of Public Law 94–437

Pub. L. 102–573, title VII, § 701(d), Oct. 29, 1992, 106 Stat. 4572, provided that:

“Any reference in a provision of law other than the Indian Health Care Improvement Act [25 U.S.C. 1601 et seq.] to sections redesignated by subsection (b) [renumbering sections 701 to 720 of Pub. L. 94–437 as sections 801 to 820 of Pub. L. 94–437, which are classified to sections 1671 to 1680j of this title] shall be deemed to refer to the section as so redesignated.”

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