42 U.S.C. § 2002 — Transfer of hospitals and facilities to

Page 5353 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2002 circumstances is held invalid or found to be un- constitutional, the remainder of this chapter and the application of that provision to other persons or circumstances shall not be affected. (Pub. L. 117–328, div. II, § 108, Dec. 29, 2022, 136 Stat. 6089.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Dec. 29, 2022, see sec- tion 109 of div. II of Pub. L. 117–328, set out as a note under section 2000gg of this title. CHAPTER 22—INDIAN HOSPITALS AND HEALTH FACILITIES SUBCHAPTER I—MAINTENANCE AND OPERATION Sec. 2001. Hospitals and health facilities transferred to Public Health Service; restriction on clos- ing hospitals. 2002. Transfer of hospitals and facilities to State or private institutions; conditions and restric- tions; failure to meet requirements. 2003. Regulations. 2004. Transfer of personnel, property, records, mon- ies. 2004a. Sanitation facilities. 2004b. Implementation of education, hospital and health facility, etc., contracts and grants by Public Health Service personnel; request for detail of personnel. SUBCHAPTER II—CONSTRUCTION OF HEALTH FACILITIES AND COMMUNITY HOSPITALS 2005. Financial assistance by Surgeon General. 2005a. Amount of assistance; determination of costs. 2005b. Conditions of assistance. 2005c. Payments. 2005d. Eligibility of assisted project for aid under other acts; excluded costs. 2005e. Definitions. 2005f. Supervision or control of assisted hospitals. SUBCHAPTER I—MAINTENANCE AND OPERATION § 2001. Hospitals and health facilities transferred to Public Health Service; restriction on clos- ing hospitals (a) All functions, responsibilities, authorities, and duties of the Department of the Interior, the Bureau of Indian Affairs, Secretary of the Inte- rior, and the Commissioner of Indian Affairs re- lating to the maintenance and operation of hos- pital and health facilities for Indians, and the conservation of the health of Indians, are trans- ferred to, and shall be administered by, the Sur- geon General of the United States Public Health Service, under the supervision and direction of the Secretary of Health and Human Services: Provided, That hospitals now in operation for a specific tribe or tribes of Indians shall not be closed prior to July 1, 1956, without the consent of the governing body of the tribe or its orga- nized council. (b) In carrying out his functions, responsibil- ities, authorities, and duties under this sub- chapter, the Secretary is authorized, with the consent of the Indian people served, to contract with private or other non-Federal health agen- cies or organizations for the provision of health services to such people on a fee-for-service basis or on a prepayment or other similar basis. (Aug. 5, 1954, ch. 658, § 1, 68 Stat. 674; Pub. L. 93–222, § 6(a), Dec. 29, 1973, 87 Stat. 935; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes AMENDMENTS 1973—Pub. L. 93–222 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Act Aug. 5, 1954, ch. 658, § 6, 68 Stat. 675, as amended by Pub. L. 86–121, § 2, July 31, 1959, 73 Stat. 268, provided that: ‘‘Sections 1 to 5, inclusive, of this Act [enacting this subchapter and repealing sections 444 to 449 of Title 25, Indians] shall take effect July 1, 1959.’’ SHORT TITLE This subchapter is popuarly known as the ‘‘Transfer Act’’. Executive Documents TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Sec- retary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under sec- tion 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. § 2002. Transfer of hospitals and facilities to State or private institutions; conditions and restrictions; failure to meet requirements Whenever the health needs of the Indians can be better met thereby, the Secretary of Health and Human Services is authorized in his discre- tion to enter into contracts with any State, Ter- ritory, or political subdivision thereof, or any private nonprofit corporation, agency or institu- tion providing for the transfer by the United States Public Health Service of Indian hospitals or health facilities, including initial operating equipment and supplies. It shall be a condition of such transfer that all facilities transferred shall be available to meet the health needs of the Indians and that such health needs shall be given priority over those of the non-Indian population. No hospital or health facility that has been constructed or maintained for a specific tribe of Indians, or for a specific group of tribes, shall be transferred by the Secretary of Health and Human Services to a non-Indian entity or organization under this subchapter unless such action has been approved by the governing body of the tribe, or by the governing bodies of a majority of the tribes, for which such hospital or health facility has been constructed or maintained: Provided, That if, following such transfer by the United States Public Health Service, the Secretary of Health and Human Services finds the hospital or health facility transferred under this section is not Page 5354 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2003 thereafter serving the need of the Indians, the Secretary of Health and Human Services shall notify those charged with management thereof, setting forth needed improvements, and in the event such improvements are not made within a time to be specified, shall immediately assume management and operation of such hospital or health facility. (Aug. 5, 1954, ch. 658, § 2, 68 Stat. 674; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. EFFECTIVE DATE Section effective July 1, 1959, see section 6 of act Aug. 5, 1954, set out as a note under section 2001 of this title. Executive Documents TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. § 2003. Regulations The Secretary of Health and Human Services is also authorized to make such other regula- tions as he deems desirable to carry out the pro- visions of this subchapter. (Aug. 5, 1954, ch. 658, § 3, 68 Stat. 674; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. EFFECTIVE DATE Section effective July 1, 1959, see section 6 of act Aug. 5, 1954, set out as a note under section 2001 of this title. § 2004. Transfer of personnel, property, records, monies The personnel, property, records, and unex- pended balances of appropriations, allocations, and other funds (available or to be made avail- able), which the Director of the Office of Man- agement and Budget shall determine to relate primarily to the functions transferred to the Public Health Service of the Department of Health and Human Services hereunder, are transferred for use in the administration of the functions so transferred. Any of the personnel transferred pursuant to this subchapter which the transferee agency shall find to be in excess of the personnel necessary for the administra- tion of the functions transferred to such agency shall be retransferred under existing law to other positions in the Government or separated from the service. (Aug. 5, 1954, ch. 658, § 4, 68 Stat. 674; 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Department of Health and Human Services’’ sub- stituted in text for ‘‘Department of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. EFFECTIVE DATE Section effective July 1, 1959, see section 6 of act Aug. 5, 1954, set out as a note under section 2001 of this title. Executive Documents TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of the United States by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. Section 102 of Reorg. Plan No. 2 of 1970, redes- ignated Bureau of the Budget as Office of Management and Budget. Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. § 2004a. Sanitation facilities (a) Powers of Surgeon General In carrying out his functions under this sub- chapter with respect to the provision of sanita- tion facilities and services, the Surgeon General is authorized— (1) to construct, improve, extend, or other- wise provide and maintain, by contract or oth- erwise, essential sanitation facilities, includ- ing domestic and community water supplies and facilities, drainage facilities, and sewage- and waste-disposal facilities, together with necessary appurtenances and fixtures, for In- dian homes, communities, and lands; (2) to acquire lands, or rights or interests therein, including sites, rights-of-way, and easements, and to acquire rights to the use of water, by purchase, lease, gift, exchange, or otherwise, when necessary for the purposes of this section, except that no lands or rights or interests therein may be acquired from an In- dian tribe, band, group, community, or indi- vidual other than by gift or for nominal con- sideration, if the facility for which such lands or rights or interests therein are acquired is for the exclusive benefit of such tribe, band, group, community, or individual, respectively; (3) to make such arrangements and agree- ments with appropriate public authorities and nonprofit organizations or agencies and with the Indians to be served by such sanitation fa-