§ 1671. — Reports.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1671]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER VI--MISCELLANEOUS
Sec. 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\
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\1\ So in original. The period probably should be a semicolon.
(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), 1616a(n),
1621b(b), 1621h(j), 1631(c), 1632(g), 1634(a)(3), 1643, 1665g(e),
and 1680g(a), and 1680l(f) of this title;
(7) for fiscal year 1995, the report required by sections
1665a(c)(3) and 1665l(b) of this title;
(8) for fiscal year 1997, the interim report required by section
1637(h)(1) of this title; and
(9) for fiscal year 1999, the reports required by sections
1637(h)(2), 1660b(b), 1665j(f), and 1680k(g) of this title.
(Pub. L. 94-437, title VIII, Sec. 801, formerly title VII, Sec. 701,
Sept. 30, 1976, 90 Stat. 1413; renumbered title VIII, Sec. 801, and
amended Pub. L. 102-573, title VII, Sec. 701(a), (b), title VIII,
Sec. 801, Oct. 29, 1992, 106 Stat. 4572, 4584.)
Amendments
1992--Pub. L. 102-573, Sec. 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, Sec. 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
Section 701(d) of Pub. L. 102-573 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.''
Section Referred to in Other Sections
This section is referred to in sections 1602, 1616a, 1621b, 1621h,
1631, 1632, 1634, 1637, 1643, 1660b, 1665a, 1665g, 1665j, 1665l, 1680g,
1680k, 1680l of this title; title 42 section 1395qq.
