42 U.S.C. § 2005d — Eligibility of assisted project for aid

Page 5356 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2005a § 2005a. Amount of assistance; determination of costs The amount of such financial assistance shall not exceed that portion of the reasonable cost of the construction project which is attributable to the Indian health needs, as determined by the Surgeon General: Provided, That in determining, for the purposes of this subchapter, the portion of the cost of the construction project attrib- utable to Indian health needs, the Surgeon Gen- eral shall take into account only those cat- egories of Indians for which hospital and med- ical care, including outpatient care and field health services, is being provided by or at the expense of the Public Health Service on August 16, 1957. (Pub. L. 85–151, § 2, Aug. 16, 1957, 71 Stat. 371.) 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. § 2005b. Conditions of assistance As a condition to providing assistance under section 2005 of this title, the Surgeon General shall— (a) require plans and specifications meeting such standards of construction and equipment as he may prescribe, and (b) obtain such assurances and agreements as in his judgment are equitable in the light of the financial assistance provided under this subchapter and are necessary to assure the availability of the facility for the provision of hospital and medical care to Indians and to as- sure that the hospital is operated in compli- ance with State standards for operation and maintenance of hospitals which receive Fed- eral aid under title VI of the Public Health Service Act [42 U.S.C. 291 et seq.]. (Pub. L. 85–151, § 3, Aug. 16, 1957, 71 Stat. 371.) Editorial Notes REFERENCES IN TEXT The Public Health Service Act, referred to in par. (b), is act July 1, 1944, ch. 373, 58 Stat. 682. Title VI of the Act is classified generally to subchapter IV (§ 291 et seq.) of chapter 6A of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 201 of this title and Tables. 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. § 2005c. Payments The Surgeon General shall make payments under section 2005 of this title in advance or by way of reimbursement and in such installments consistent with construction progress, as he may determine. (Pub. L. 85–151, § 4, Aug. 16, 1957, 71 Stat. 371.) 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. § 2005d. Eligibility of assisted project for aid under other acts; excluded costs Neither assistance provided under this sub- chapter for meeting part of the cost of construc- tion of a hospital project, nor the giving of any assurance required as a condition of such assist- ance, shall be construed as affecting in any way the eligibility of such project for aid under title VI of the Public Health Service Act [42 U.S.C. 291 et seq.] or any other Federal Act authorizing financial aid in the construction of such project, but construction costs met with Federal funds made available under this subchapter shall not be included in the cost of construction in which the Federal Government shares under such title VI or other Federal Act. (Pub. L. 85–151, § 5, Aug. 16, 1957, 71 Stat. 371.) Editorial Notes REFERENCES IN TEXT The Public Health Service Act, referred to in text, is act July 1, 1944, ch. 373, 58 Stat. 682. Title VI of the Act is classified generally to subchapter IV (§ 291 et seq.) of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables. § 2005e. Definitions As used in this subchapter: (a) ‘‘Hospital’’ includes diagnostic or treat- ment centers and general hospitals, and related facilities, such as laboratories, outpatient de- partments, nurses’ home and training facilities, and central service facilities operated in connec-