consultation; closure of facilities; reports

consultation; closure of facilities; reports Sec. 301. Section 301 (25 U.S.C. 1631) is amended to read as follows: “consultation; closure of facilities; reports “Sec. 301. (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 102 STAT. 4813 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 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 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 102 STAT. 4814 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.”.