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Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat.

CHANGE OF NAME

The Bureau of the Budget was designated the Office of Management and Budget and the offices of Director of the Bureau of the Budget, Deputy Director of the Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget, Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively, by Reorg. Plan No. 2 of 1970, set out in the Appendix to Title 5, Government Organization and Employees, which also transferred all records, property, personnel, and funds of the Bureau to the Office of Management and Budget.

TRANSFER OF FUNCTIONS

All functions of Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out as a note under section 202 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2005 of this title

§ 2004a. Sanitation facilities.

(a) Powers of Surgeon General.

In carrying out his functions under this chapter with respect to the provision of sanitation facilities and services, the Surgeon General is authorized

(1) to construct, improve, extend, or otherwise provide and maintain, by contract or otherwise, essential sanitation facilities, including domestic and community water supplies and facilities, drainage facilities, and sewage- and waste-disposal facilities, together with necessary appurtenances and fixtures, for Indian 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 Indian tribe, band, group, community, or individual other than by gift or for nominal consideration, 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 agreements with appropriate public authorities and nonprofit organizations or agencies and with the Indians to be served by such sanitation facilities (and any other person so served) regarding contributions toward the construction, improvement, extension and provision thereof, and responsibilities for maintenance thereof, as in his judgment are equitable and will best assure the future maintenance of facilities in an effective and operating condition; and

(4) to transfer any facilities provided under this section, together with appurtenant interests in land, with or without a money consideration, and under such terms and conditions as in his judgment are appropriate, having regard to the contributions made and the maintenance respon

sibilities undertaken, and the special health needs of the Indians concerned, to any State or Territory or subdivision or public authority thereof, or to any Indian tribe, group, band, or community or, in the case of domestic appurtenances and fixtures, to any one or more of the occupants of the Indian home served thereby.

(b) Transfer and reversion of lands.

The Secretary of the Interior is authorized to transfer to the Surgeon General for use in carrying out the purposes of this section such interest and rights in federally owned lands under the jurisdiction of the Department of the Interior, and in Indian-owned lands that either are held by the United States in trust for Indians or are subject to a restriction against alienation imposed by the United States, including appurtenances and improvements thereto, as may be requested by the Surgeon General. Any land or interest therein, including appurtenances and improvements to such land, so transferred shall be subject to disposition by the Surgeon General in accordance with paragraph (4) of subsection (a) of this section: Provided, That, in any case where a beneficial interest in such land is in any Indian, or Indian tribe, band, or group, the consent of such beneficial owner to any such transfer or disposition shall first be obtained: Provided further, That where deemed appropriate by the Secretary of the Interior provisions shall be made for a reversion of title to such land if it ceases to be used for the purpose for which it is transferred or disposed.

(c) Project consultation and participation.

The Surgeon General shall consult with, and encourage the participation of, the Indians concerned, States and political subdivisions thereof, in carrying out the provisions of this section. (Aug. 5, 1954, ch. 658, § 7, as added July 31, 1959, Pub. L. 86–121, § 1, 73 Stat. 267.)

ABOLITION OF OFFICE OF SURGEON GENERAL

The Office of the Surgeon General was abolished by section 3 of 1966 Reorg. Plan No. 3 eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and all functions thereof were transferred to the Secretary of Health, Education, and Welfare by section 1 of 1966 Reorg. Plan No. 3, set out as a note under section 202 of this title.

§ 2005. Construction of health facilities; financial assistance by Surgeon General.

Whenever the Surgeon General of the Public Health Service, in carrying out his functions under sections 2001 to 2004 of this title 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. L. 85-151, § 1, Aug. 16, 1957, 71 Stat. 370.)

CODIFICATION

(Pub.

Section was not enacted as part of act Aug. 5, 1954, ch. 658, § 4, 68 Stat. 674, which comprises this chapter.

§ 2005c. Same; payments.

ABOLITION OF OFFICE OF SURGEON GENERAL

The Office of the Surgeon General was abolished by section 3 of 1966 Reorg. Plan No. 3 eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and all functions thereof were transferred to the Secretary of Health, Education, and Welfare by section I of 1966 Reorg. Plan No. 3, set out as a note under section 202 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2005a, 2005b, 2005c, 2005d, 2005e, 2005f of this title.

§ 2005a. Same; 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 sections 2005 to 2005f of this title, 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 August 16, 1957. (Pub. L. 85-151, § 2, Aug. 16, 1957, 71 Stat. 371.)

CODIFICATION

Section was not enacted as part of act Aug. 5, 1954, ch. 658, § 4, 68 Stat. 674, which comprises this chapter.

ABOLITION OF OFFICE OF SURGEON GENERAL

The Office of the Surgeon General was abolished by section 3 of 1966 Reorg. Plan No. 3 eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and all functions thereof were transferred to the Secretary of Health, Education, and Welfare by section I of 1966 Reorg. Plan No. 3, set out as a note under section 202 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2005b, 2005d, 2005e, 2005f of this title.

§ 2005b. Same; 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 sections 2005 to 2005f of this title 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 sections 291 to 291n of this title. (Pub. L. 85-151, § 3, Aug. 16, 1957, 71 Stat. 371.)

CODIFICATION

Section was not enacted as part of act Aug. 5, 1954, ch. 658, § 4, 68 Stat. 674, which comprises this chapter. ABOLITION OF OFFICE OF SURGEON GENERAL

The Office of the Surgeon General was abolished by section 3 of 1966 Reorg. Plan No. 3 eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and all functions thereof were transferred to the Secretary of Health, Education, and Welfare by section I of 1966 Reorg. Plan No. 3, set out as a note under section 202 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2005a, 2005d, 2005e, 2005f of this title.

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.) CODIFICATION

Section was not enacted as part of act Aug. 5, 1954, ch. 658, § 4, 68 Stat. 674, which comprises this chapter.

ABOLITION OF OFFICE OF SURGEON GENERAL The Office of the Surgeon General was abolished by section 3 of 1966 Reorg. Plan No. 3 eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and all functions thereof were transferred to the Secretary of Health, Education, and Welfare by section I of 1966 Reorg. Plan No. 3, set out as a note under section 202 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2005a, 2005b, 2005d, 2005e, 2005f of this title.

2005d. Same; eligibility of assisted project for aid under other acts; excluded costs.

Neither assistance provided under sections 2005 to 2005f of this title 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 sections 291 to 291n of this title or any other Federal Act authorizing financial aid in the construction of such project, but construction costs met with Federal funds made available under sections 2005 to 2005f of this title shall not be included in the cost of construction in which the Federal Government shares under such sections 291 to 291n of this title or other Federal Act. (Pub. L. 85-151, § 5, Aug. 16, 1957, 71 Stat. 371.)

CODIFICATION

Section was not enacted as part of act Aug. 5, 1954, ch. 658, § 4, 68 Stat. 674, which comprises this chapter. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2005a, 2005b, 2005e, 2005f of this title.

§ 2005e. Same; definitions.

As used in sections 2005 to 2005f of this title: (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.

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(b) By Department of Defense.

(c) Exchange of information concerning atomic weapons; research, development, or design, of military reactors.

(d) Communication of data by other Governmental agencies.

2165. Security restrictions.

(a) On contractors and licensees.

(b) Employment of personnel; access to Restricted Data.

(c) Acceptance of investigation and clearance granted by other Government agencies.

(d) Investigations by F. B. I.

(e) Presidential investigation.

(f) Certification of specific positions for inves-
tigation by F. B. I.

(g) Investigation standards.
(h) War time clearance.

2166. Applicability of other laws.

SUBCHAPTER XII.-PATENTS AND INVENTIONS Inventions relating to atomic weapons, and filing of reports.

2181.

2182.

(a) Denial of patent; revocation of prior patents.

(b) Denial of rights; revocation of prior rights. (c) Report of invention to Commissioner of Patents.

(d) Report to Commission by Commissioner of Patents.

(e) Confidential information;

permitting disclosure.

circumstances

con

Inventions conceived during Commission tracts; ownership; waiver; hearings.

2183. Nonmilitary utilization.

(a) Declaration of public interest.

(b) Action by Commission.

(c) Application for patent.

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licenses; limitations.

2186.

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2187.

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Suspension of licenses during war or national emergency.

2188.

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Monopolistic use of patents.

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(c) Standards.

(d) Limitations.

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(c) Joint determination on atomic weapons: Presidential determination on disagree

ment.

(d) Same; removal from Restricted Data category.

(e) Joint determination on atomic energy programs.

2163. Access to Restricted Data.

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2221. 2222.

2223.

2224.

Comptroller General audit.

Claim settlements; reports to Congress. Payments in lieu of taxes.

Subsidies.

Indemnification and limitation of liability. (a) Financial protection for public liability claims; indemnification agreement; waiver

of immunity.

(b) Amount and types of financial protection. (c) Indemnification from public liability in excess of level of financial protection; aggregate indemnity.

(d) Indemnification agreements for construction or operation of production or utilization facilities, or other activities; applicability to contracts; sovereign immunity. (e) Aggregate liability for a single nuclear incident.

(f) Collection and amount of fee.

(g) Use of facilities and services of private insurance organizations.

(h) Conditions of agreement of indemnification; settlement of claims.

(1) Survey of causes and extent of damage; report to Joint Committee.

(1) Contracts in advance of appropriations. (k) Exemption from financial protection requirement; indemnification from public liability in excess of $250,000; aggregate indemnity; waiver.

(1) Indemnification agreements in connection with nuclear ship Savannah. (m) Agreements for establishment of procedures for handling, investigation, and settlement of public liability claims; emergency assistance payments.

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2291. 2292.

2293.

2294.

or

(n) Waiver of defenses; jurisdiction and venue of public liability actions; removal transfer of actions; process.

(0) Percentage limitation; distribution plans;
claim disposition and fund distribution
plans; allocation for personal injury,
property damage, and possible latent in-
jury claims; approval, disapproval, or
modification; adoption of other plan;
orders for implementation and enforce-
ment of provisions; area orders effective.

SUBCHAPTER XIV.-COMPENSATION FOR
PRIVATE PROPERTY ACQUIRED

Just compensation for requisitioned property.
Condemnation of real property.
Patent application disclosures.

Attorney General approval of title.

SUBCHAPTER XV. JUDICIAL REVIEW AND
ADMINISTRATIVE PROCEDURE

2231. Applicability of Administrative Procedure Act;

definitions.

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Appropriations for research and development program; authority to enter into contracts; period of contracts; equivalent amounts for research and development program.

Guaranty contracts; amount of total contingent liability; purpose; period; criteria for selection of projects.

Authorization for sale or lease of uranium and lien plutonium; amounts; for nonpayment; uranium enrichment services. 2295. Acquisition of nuclear materials. (a) Authorization; restriction of amounts of plutonium or uranium; amount and use of plutonium authorized to be acquired. (b) Terms and periods of contracts to acquire plutonium.

(c) Terms and periods of contracts to acquire uranium.

(d) Contracts for purchase of special nuclear materials.

(e) Certification by Commission.

2296. Nonliability of United States; indemnification. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 5 sections 7533, 8312; title 22 sections 2022, 2024.

SUBCHAPTER I.-GENERAL PROVISIONS

§ 2011. Congressional declaration of policy. Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that

(a) the development, use, and control of atomic energy shall be directed so as to make the maximum

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