group, or community, commissioned officers of the Service may be assigned by the Secretary for the purpose of assisting such Indian tribe, group, band, or community in carrying out the provisions of contracts with, or grants to, tribal organizations pursuant to section 102, 103, or 104 of the Indian Self-Determination and Education Assistance Act. [PUBLIC LAW 85-151, APPROVED AUGUST 16, 1957] AN ACT To authorize funds available for construction of Indian health facilities to be used in the construction of community hospitals which will serve Indians and non-Indians Be it enacted by the Senate and House of Representa- 42 U.S.C. 2005 tives of the United States of America in Congress assembled, That whenever the Surgeon General of the Public Health Service, in carrying out his functions under the Act of August 5, 1954 (68 Stat. 674), with respect to the provision of health services to Indians in any particular area, determines, after consultation with such Indians, that the provision of financial assistance to one or more public or other nonprofit agencies or organizations for the construction of a community hospital constitutes a method of making needed hospital facilities available for such Indians which is more desirable and effective than direct Federal construction, he may provide such financial assistance from funds available for the construction of Indian health facilities for such Indians. SEC. 2. The amount of such financial assistance shall 42 U.S.C. 2005a 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 Act, the portion of the cost of the construction project attributable to Indian health needs, the Surgeon General shall take into account only those categories of Indians for which hospital and medical care, including outpatient care and field health services, is being provided by or at the expense of the Public Health Service on the date of enactment of this Act. SEC. 3. As a condition to providing assistance under 42 U.S.C. 2005b section 1, 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 Act and are necessary to assure the availability of the facility for the provision of hospital and medical care to Indians and to assure that the hospital is operated in compliance with State standards for operation and maintenance of hospitals which receive Federal aid under 42 U.S.C. 2005c 42 U.S.C. 2005d 42 U.S.C. 2005e 42 U.S.C. 20051 title VI of the Public Health Service Act (42 U.S.C., ch. 6A, subch. IV). SEC. 4. The Surgeon General shall make payments under section 1 in advance or by way of reimbursement and in such installments consistent with construction progress, as he may determine. SEC. 5. Neither assistance provided under this Act for meeting part of the cost of construction of a hospital project, nor the giving of any assurance required as a condition of such assistance, shall be construed as affecting in any way the eligibility of such project for aid under title VI of the Public Health Service Act 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 Act shall not be included in the cost of construction in which the Federal Government shares under such title VI or other Federal Act. SEC. 6. As used in this Act: (a) "Hospital" includes diagnostic or treatment centers and general hospitals, and related facilities, such as laboratories, outpatient departments, nurses' home and training facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care; (b) "Diagnostic or treatment center" means a facility for the diagnosis or diagnosis and treatment of ambulatory patients (1) which is operated in connection with a hospital, or (2) in which patient care is under the professional supervision of persons licensed to practice medicine or surgery in the State, or, in the case of dental diagnosis or treatment, under the professional supervision of persons licensed to practice dentistry in the State. (c) "Nonprofit" means owned or operated by one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. (d) "Construction" means construction of new buildings, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings (including medical transportation facilities), including architects and engineering fees, but excluding legal fees, the cost of off-site improvements and the cost of the acquisition of land. SEC. 7. Except as otherwise specifically provided, nothing in this Act shall be construed as conferring on any Federal officer or employee the right to exercise any supervision or control over the administration, personnel, maintenance, or operation of any hospital, with respect to which any funds have been or may be expended under this Act. APPENDIX 1. Reorganization Plans: A. Department of Health, Education, and Welfare, 1953 C. Narcotics; Drug Abuse Control, 1968 D. Environmental Protection Agency, 1970 2. Tables: Table A.-Major Amendments to the PHS and Related Acts Table B.-Reports to Congress from HEW Required by the PHS and Related Acts Table C.-Authorizations of Appropriations Specified in the PHS and Related Acts 3. Other Provisions of Health Laws: A. Alcohol, Drug Abuse, and Mental Health Administration. B. Availability of appropriations authorized by the Public C. Closure or transfer of control of facilities of the Public D. "Conscience clause". E. Duration of advisory committees under the Public F. Family Planning Services and Population Research. G. Health services for Indians and domestic agricultural H. Health services for lighthouse keepers. I. Mortgage insurance for nursing homes, intermediate care facilities, hospitals, and group practice facilities. J. National Arthritis Act of 1974. K. National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. L. National Diabetes Mellitus Research and Education Act. M. President's Biomedical Research Panel. N. Report on agency reports required under the Public O. Reports respecting medically underserved areas and P. Study of health care quality assurance. Q. Study of legal barriers to the effective delivery of medi- R. Transitional provisions for Section 314 health planning, REORGANIZATION PLAN No. 1 of 1953 (Approved April 1, 1953) DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE SECTION 1. Creation of Department; Secretary.— There is hereby established an executive department, which shall be known as the Department of Health, Education, and Welfare (hereafter in this reorganization plan referred to as the Department). There shall be at the head of the Department a Secretary of Health, Education, and Welfare (hereafter in this reorganization plan referred to as the Secretary), who shall be appointed by the President by and with the advice and consent of the Senate, and who shall receive compensation at the rate now or hereafter prescribed by law for the heads of executive departments. The Department shall be administered under the supervision and direction of the Secretary. SEC. 2. Under Secretary and Assistant Secretaries.There shall be in the Department an Under Secretary of Health, Education, and Welfare and five 2 Assistant Secretaries of Health, Education, and Welfare, each of whom shall be appointed by the President by and with the advice and consent of the Senate, shall perform such functions as the Secretary may prescribe, and shall receive compensation at the rate now or hereafter provided by law for under secretaries and assistant secretaries, respectively, of executive departments. The Under Secretary (or, during the absence or disability of the Under Secretary or in the event of a vacancy in the office of Under Secretary, an Assistant Secretary determined according to such order as the Secretary shall prescribe) shall act as Secretary during the absence or disability of the Secretary or in the event of a vacancy in the office of Secretary. SEC. 3. *** SEC. 4. Commissioner of Social Security.-There shall be in the Department a Commissioner of Social Security who shall be appointed by the President by and with the advice and consent of the Senate, shall perform such functions concerning social security and public welfare as the Secretary may prescribe, and shall receive compensation at the rate now or hereafter fixed by law for grade GS-18 of the general schedule established by the Classification Act of 1949, as amended. SEC. 5. Transfers to the Department.-All functions of the Federal Security Administrator are hereby transferred to the Secretary. All agencies of the Federal Security Agency, together with their respective func 1 Sec. 2 amended and sec. 3 deleted by sec. 4 of P.L. 89-115. 2 Sec. 1(b) of P.L. 89-234, provided for an additional Assistant Secretary of HEW, but did not specifically amend P.L. 83-13. tions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds (available or to be made available), and all other functions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds (available or to be made available) of the Federal Security Agency are hereby transferred to the Department. SEC. 6. Performance of functions of the Secretary.— The Secretary may from time to time make such provisions as the Secretary deems appropriate authorizing the performance of any of the functions of the Secretary by any other officer, or by any agency or employee, of the Department. SEC. 7. Administrative services.-In the interest of economy and efficiency the Secretary may from time to time establish central administrative services in the fields of procurement, budgeting, accounting, personnel. library, legal, and other services and activities common to the several agencies of the Department; and the Secretary may effect such transfers within the Department of the personnel employed, the property and records used or held, and the funds available for use in connection with such administrative-service activities as the Secretary may deem necessary for the conduct of any services so established: Provided, That no professional or substantive functions vested by law in any officer shall be removed from the jurisdiction of such officer under this section. SEC. 8. Abolitions.-The Federal Security Agency (exclusive of the agencies thereof transferred by sec. 5 of this reorganization plan), the offices of Federal Security Administrator and Assistant Federal Security Administrator created by Reorganization Plan No. 1 (53 Stat. 1423), the two offices of assistant heads of the Federal Security Agency created by Reorganization Plan No. 2 of 1946 (60 Stat. 1095), and the office of Commissioner for Social Security created by section 701 of the Social Security Act, as amended (64 Stat. 558), are hereby abolished. The Secretary shall make such provisions as may be necessary in order to wind up any outstanding affairs of the Agency and the offices abolished by this section. which are not otherwise provided for in this reorganization plan. SEC. 9. Interim provisions.-The President may authorize the persons who immediately prior to the time this reorganization plan takes effect occupy the offices of Federal Security Administration, Assistant Security Administrator, assistant heads of the Federal Security Agency, the Commissioner for Social Security to act as Secretary, Under Secretary, and Assistant Secretaries of Health, Education, and Welfare and as Commissioner of Social Security, respectively, until those offices are filled |