42 U.S.C. § 2004 — Transfer of personnel, property, records,

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-