--- kind: "section" citation: "25 U.S.C. § 1638f" title: "25" title_heading: "Indians" number: "1638f" heading: "Indian country modular component facilities demonstration program" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/25/1638f" units: - "Chapter 18 — Indian Health Care" - "Subchapter III — Health Facilities" --- # §1638f. Indian country modular component facilities demonstration program - (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[^1] a more economical method for provision of health care facility[^2] than a traditionally constructed health care building. - (b) **Establishment—** The [Secretary](/usc/25/1603.md?p=17), acting through the [Service](/usc/25/1603.md?p=18), shall establish a demonstration program under which the [Secretary](/usc/25/1603.md?p=17) shall award no less than 3 grants for purchase, installation and maintenance of modular component health care facilities in [Indian](/usc/25/1603.md?p=13) communities for provision of health care [services](/usc/25/1603.md?p=18). - (c) **Selection of locations—** - (1) **Petitions—** - (A) **Solicitation—** The [Secretary](/usc/25/1603.md?p=17) shall solicit from [Indian tribes](/usc/25/1603.md?p=14) petitions for location of the modular component health care facilities in the [Service areas](/usc/25/1603.md?p=19) of the petitioning [Indian tribes](/usc/25/1603.md?p=14). - (B) **Petition—** To be eligible to receive a grant under this section, an [Indian tribe](/usc/25/1603.md?p=14) or [tribal organization](/usc/25/1603.md?p=26) must submit to the [Secretary](/usc/25/1603.md?p=17) a petition to construct a modular component health care facility in the [Indian](/usc/25/1603.md?p=13) community of the [Indian tribe](/usc/25/1603.md?p=14), at such time, in such manner, and containing such information as the [Secretary](/usc/25/1603.md?p=17) may require. - (2) **Selection—** In selecting the location of each modular component health care facility to be provided under the demonstration program, the [Secretary](/usc/25/1603.md?p=17) shall give priority to projects already on the [Indian](/usc/25/1603.md?p=13) Health [Service](/usc/25/1603.md?p=18) facilities construction priority [list](/usc/25/5130.md?p=3) 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](/usc/25/1603.md?p=18) needed by the [Indian](/usc/25/1603.md?p=13) 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](/usc/25/5130.md?p=3) entitled “IHS Health Care Facilities FY 2011 Planned Construction Budget” and dated May 7, 2009 (or any successor [list](/usc/25/5130.md?p=3)). - (d) **Eligibility—** - (1) **In general—** An [Indian tribe](/usc/25/1603.md?p=14) may submit a petition under [subsection (c)(1)(B)](#c-1-B) regardless of whether the [Indian tribe](/usc/25/1603.md?p=14) is a party to any contract or compact under the [Indian](/usc/25/1603.md?p=13) Self-Determination and Education Assistance Act ([25 U.S.C. 450](/usc/25/450.md) et seq.).[^3] - (2) **Administration—** At the election of an [Indian tribe](/usc/25/1603.md?p=14) or [tribal organization](/usc/25/1603.md?p=26) selected for participation in the demonstration program, the funds provided for the project shall be subject to the provisions of the [Indian](/usc/25/1603.md?p=13) 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](/usc/25/1603.md?p=17) 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](/usc/25/1603.md?p=13) 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. ## Footnotes [^1]: So in original. [^2]: So in original. Probably should be “provision of a health care facility”. [^3]: See References in Text note below. ## Source credit (Pub. L. 94–437, title III, § 312, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) ## Notes ### 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.