PRIA, Government Policy, Made Personal

Summary

Creates a demonstration program to fund prefabricated modular health clinics for Indian communities. A modular component health care facility is built off-site in pieces, moved to the site, and is a more economical option than a normal-built clinic. The Secretary, through the Service, must award at least 3 grants to buy, install, and maintain these facilities. Tribes or tribal organizations must send petitions when the Secretary asks. To get a grant, a petition must have the information the Secretary requires. The Secretary will give priority to projects already on the IHS facilities construction priority list and to petitions that show the modular clinic is cheaper, faster to put up, and can meet local health needs. A chosen project cannot be entered on the IHS Health Care Facilities FY 2011 Planned Construction Budget list dated May 7, 2009 (or any successor list). Tribes may petition whether or not they have contracts under the Indian Self-Determination and Education Assistance Act, and selected tribes may choose to have the project funds handled under that Act. The Secretary must report to Congress within 1 year after funds are available and every year after, describing each project, evaluating its success, and noting benefits of using modular clinics elsewhere. The program is authorized $50,000,000 for the first 5 fiscal years, and then whatever sums are needed in later years.

Title 25, §1638f

Indians, Source: USLM XML via OLRC

(a)Definition of modular component health care facility

In this section, the term “modular component health care facility” means a health care facility that is constructed—

(1)off-site using prefabricated component units for subsequent transport to the destination location; and

(2)represents a more economical method for provision of health care facility than a traditionally constructed health care building.

(b)Establishment

The Secretary, acting through the Service, shall establish a demonstration program under which the Secretary shall award no less than 3 grants for purchase, installation and maintenance of modular component health care facilities in Indian communities for provision of health care services.

(c)Selection of locations

(1)Petitions

(A)Solicitation

The Secretary shall solicit from Indian tribes petitions for location of the modular component health care facilities in the Service areas of the petitioning Indian tribes.

(B)Petition

To be eligible to receive a grant under this section, an Indian tribe or tribal organization must submit to the Secretary a petition to construct a modular component health care facility in the Indian community of the Indian tribe, at such time, in such manner, and containing such information as the Secretary may require.

(2)Selection

In selecting the location of each modular component health care facility to be provided under the demonstration program, the Secretary shall give priority to projects already on the Indian Health Service facilities construction priority list and petitions which demonstrate that erection of a modular component health facility—

(A)is more economical than construction of a traditionally constructed health care facility;

(B)can be constructed and erected on the selected location in less time than traditional construction; and

(C)can adequately house the health care services needed by the Indian population to be served.

(3)Effect of selection

A modular component health care facility project selected for participation in the demonstration program shall not be eligible for entry on the facilities construction priorities list entitled “IHS Health Care Facilities FY 2011 Planned Construction Budget” and dated May 7, 2009 (or any successor list).

(d)Eligibility

(1)In general

An Indian tribe may submit a petition under subsection (c)(1)(B) regardless of whether the Indian tribe is a party to any contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

(2)Administration

At the election of an Indian tribe or tribal organization selected for participation in the demonstration program, the funds provided for the project shall be subject to the provisions of the Indian Self-Determination and Education Assistance Act.

(e)Reports

Not later than 1 year after the date on which funds are made available for the demonstration program and annually thereafter, the Secretary shall submit to Congress a report describing—

(1)each activity carried out under the demonstration program, including an evaluation of the success of the activity; and

(2)the potential benefits of increased use of modular component health care facilities in other Indian communities.

(f)Authorization of appropriations

There are authorized to be appropriated $50,000,000 to carry out the demonstration program under this section for the first 5 fiscal years, and such sums as may be necessary to carry out the program in subsequent fiscal years.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (d), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, 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 section 5301 of this title and Tables. Codification section 312 of Pub. L. 94–437 is based on section 146 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 section 10221(a) of Pub. L. 111–148.

§1638f Indian Country Modular Component Facilities Demonstration Program