Page:United States Statutes at Large Volume 106 Part 3.djvu/180

 106 STAT. 1974 PUBLIC LAW 102-405—OCT. 9, 1992 provides to the Secretary its share of the purchase price of the medical equipment. "(c)(1) Notwithstanding any other provision of law, the Secretary may transfer the interest of the Department in equipment acquired through an agreement under subsection (a) to the institution which holds joint title to the equipment if the Secretary determines that the transfer would be justified by compelling clinical considerations or the economic interest of the Department. Any such transfer may only be made upon agreement by the institution to pay to the Department the amount equal to one-half of the depreciated purchase price of the equipment. Any such payment when received shall be credited to the applicable Department medical appropriation. "(2) Notwithstanding any other provision of law, the Secretary may acquire the interest of an institution in equipment acquired under subsection (a) if the Secretary determines that the acquisition would be justified by compelling clinical considerations or the economic interests of the Department. The Secretary may not pay more than one-half the depreciated purchase price of that equipment. '*§ 8158. Deposit in escrow "(a) To facilitate the procurement of medical equipment pursuant to section 8157 of this title, the Secretary may enter into escrow agreements with institutions described in section 8153(a) of this title. Any such agreement shall provide that— "(1) the institutions shall pay to the Secretary the funds necessary to make a payment under section 8157(b)(4) of this title; "(2) the Secretary, as escrow agent, shall administer those funds in an escrow account; and "(3) the Secretary shall disburse the escrowed funds to pay for such equipment upon its delivery or in accordance with the contract to procure the equipment and shall disburse all accrued interest or other earnings on the escrowed funds to the institution. "(b) As escrow agent for funds placed in escrow pursuant to an agreement under subsection (a), the Secretary may— "(1) invest the escrowed funds in obligations of the Federal Government or obligations which are insured or guaranteed by the Federal Government; "(2) retain in the escrow account interest or other earnings on such investments; "(3) disburse the funds pursuant to the escrow agreement; and "(4) return undisbursed funds to the institution. "(c)(1) If the Secretary enters into an escrow agreement under this section, the Secretary may enter into an agreement to procure medical equipment if one-half the purchase price of the equipment is available in an appropriation or fund for the expenditure or obligation. "(2) Funds held in an escrow account under this section shall not be considered to be public funds.".

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