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40 U.S.C. § 14502 — Demonstration health projects

Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 14502 — Demonstration health projects

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Source file: Laws/federal/codes/united-states-code/title-40/section-14502-demonstration-health-projects--9a3a6bd27d.md
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Source location: Title 40, Chapter 145, § 14502; chapter-145-special-appalachian-programs.md

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**(a) Purpose.—** To demonstrate the value of adequate health facilities and services to the economic development of the Appalachian region, the Secretary of Health and Human Services may make grants for the planning, construction, equipment, and operation of multi-county demonstration health, nutrition, and child care projects, including hospitals, regional health diagnostic and treatment centers, and other facilities and services necessary for the purposes of this section. **(b) Planning Grants.—** (1) **Authority to provide amounts and make grants.—** — The Secretary may provide amounts to the Appalachian Regional Commission for the support of its Health Advisory Committee and may make grants for expenses of planning necessary for the development and operation of demonstration health projects for the region. (2) **Limitation on available amounts.—** — The amount of a grant under this section for planning shall not be more than 75 percent of expenses. (3) **Sources of assistance.—** — The federal contribution may be provided entirely from amounts authorized under this section or in combination with amounts provided under other federal or federal grant programs. (4) **Federal share.—** — Notwithstanding any provision of law limiting the federal share in those other programs, amounts appropriated to carry out this section may be used to increase the federal share to the maximum percentage cost of a grant authorized by this subsection. **(c) Construction and Equipment Grants.—** (1) **Additional uses for construction grants.—** — Grants under this section for construction may also be used for— (A) the acquisition of privately owned facilities— (i) not operated for profit; or (ii) previously operated for profit if the Commission finds that health services would not otherwise be provided in the area served by the facility if the acquisition is not made; and (B) initial equipment. (2) **Standards for making grants.—** — Grants under this section for construction shall be made in accordance with [section 14523 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14523&num=0&edition=prelim) and shall not be incompatible with the applicable provisions of title VI of the Public Health Service Act ([42 U.S.C. 291](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291&num=0&edition=prelim) et seq.), the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15001&num=0&edition=prelim) et seq.), and other laws authorizing grants for the construction of health-related facilities, without regard to any provisions in those laws relating to appropriation authorization ceilings or to allotments among the States. (3) **Limitation on available amounts.—** — A grant for the construction or equipment of any component of a demonstration health project shall not be more than 80 percent of the cost. (4) **Sources of assistance.—** — The federal contribution may be provided entirely from amounts authorized under this section or in combination with amounts provided under other federal grant programs for the construction or equipment of health-related facilities. (5) **Federal share.—** — Notwithstanding any provision of law limiting the federal share in those other programs, amounts authorized under this section may be used to increase federal grants for component facilities of a demonstration health project to a maximum of 80 percent of the cost of the facilities. **(d) Operation Grants.—** (1) **Standards for making grants.—** — A grant for the operation of a demonstration health project shall not be made— (A) unless the facility is publicly owned, or owned by a public or private nonprofit organization, and is not operated for profit; (B) after five years following the commencement of the initial grant for operation of the project, except that child development demonstrations assisted under this section during fiscal year 1979 may be approved under [section 14322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14322&num=0&edition=prelim) for continued support beyond that period, on request of the State, if the Commission finds that no federal, state, or local amounts are available to continue the project; and (C) unless the Secretary of Health and Human Services is satisfied that the operation of the project will be conducted under efficient management practices designed to obviate operating deficits. (2) **Limitation on available amounts.—** — Grants under this section for the operation (including initial operating amounts and operating deficits, which include the cost of attracting, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with amounts authorized to be appropriated by this section, may be made for up to— (A) 50 percent of the cost of that operation; (B) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of the cost of that operation; or (C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of the cost of that operation. (3) **Sources of assistance.—** — The federal contribution may be provided entirely from amounts appropriated to carry out this section or in combination with amounts provided under other federal grant programs for the operation of health related facilities and the provision of health and child development services, including parts A and B of title IV and title XX of the Social Security Act ([42 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) et seq., 620 et seq., 1397 et seq.). (4) **Federal share.—** — Notwithstanding any provision of law limiting the federal share in those other programs, amounts appropriated to carry out this section may be used to increase federal grants for operating components of a demonstration health project to the maximum percentage cost of a grant authorized by this subsection. (5) **State deemed to meet requirement of providing assistance or services on statewide basis.—** — Notwithstanding any provision of the Social Security Act ([42 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section301&num=0&edition=prelim) et seq.) requiring assistance or services on a statewide basis, a State providing assistance or services under a federal grant program described in paragraph (2) in any area of the region approved by the Commission is deemed to be meeting that requirement. **(e) Grant Sources and Use of Grants in Computing Allotments.—** Grants under this section— (1) shall be made only out of amounts specifically appropriated for the purpose of carrying out this subtitle; and (2) shall not be taken into account in computing allotments among the States under any other law. **(f) Maximum Commission Contribution.—** (1) **In general.—** — Subject to paragraphs (2) and (3), the Commission may contribute not more than 50 percent of any project cost eligible for financial assistance under this section from amounts appropriated to carry out this subtitle. (2) **Distressed counties.—** — The maximum Commission contribution for a project to be carried out in a county for which a distressed county designation is in effect under [section 14526 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14526&num=0&edition=prelim) may be increased to the lesser of— (A) 80 percent; or (B) the maximum federal contribution percentage authorized by this section. (3) **At-risk counties.—** — The maximum Commission contribution for a project to be carried out in a county for which an at-risk county designation is in effect under section 14526 may be increased to the lesser of— (A) 70 percent; or (B) the maximum Federal contribution percentage authorized by this section. **(g) Emphasis on Occupational Diseases From Coal Mining.—** To provide for the further development of the Appalachian region’s human resources, grants under this section shall give special emphasis to programs and research for the early detection, diagnosis, and treatment of occupational diseases arising from coal mining, such as black lung.

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 14322 — Approval of development plans, strategy statements, and projects

**(a) Annual Review and Approval Required.—** The Appalachian Regional Commission annually shall review and approve, in accordance with [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14302&num=0&edition=prelim), state and regional development plans and strategy statements, and any multistate subregional plans which may be developed. **(b) Application Process.—** An application for a grant or for other assistance for a specific project under this subtitle shall be made through the state member of the Commission representing the applicant. The state member shall evaluate the application for approval. To be approved, the state member must certify, and the Federal Cochairman must determine, that the application— (1) implements the Commission-approved state development plan; (2) is included in the Commission-approved strategy statement; (3) adequately ensures that the project will be properly administered, operated, and maintained; and (4) otherwise meets the requirements for assistance under this subtitle. **(c) Affirmative Vote Requirement Deemed Met.—** After the appropriate state development plan and strategy statement are approved, certification by a state member, when joined by an affirmative vote of the Federal Cochairman, is deemed to satisfy the requirements for affirmative votes for decisions under [section 14302(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14302/a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1013 — Termination of advisory committees

**(a) In General.—** (1) **Advisory committees in existence on january 5, 1973.—** — Each advisory committee that is in existence on January 5, 1973, shall terminate not later than the expiration of the 2-year period following that date unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government, such advisory committee is renewed by the President or that officer by appropriate action prior to the expiration of such 2-year period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. (2) **Advisory committees established after january 5, 1973.—** — Each advisory committee established after January 5, 1973, shall terminate not later than the expiration of the 2-year period beginning on the date of its establishment unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government 11 So in original. Probably should be followed by a comma. such advisory committee is renewed by the President or such officer by appropriate action prior to the end of such period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. **(b) Charters.—** (1) **Upon renewal.—** — Upon the renewal of an advisory committee, the advisory committee shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1008/c&num=0&edition=prelim). (2) **Upon expiration of successive 2-year periods.—** — An advisory committee established by an Act of Congress shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.x

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15001 — Findings, purposes, and policy

**(a) Findings** Congress finds that— (1) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream of United States society; (2) in 1999, there were between 3,200,000 and 4,500,000 individuals with developmental disabilities in the United States, and recent studies indicate that individuals with developmental disabilities comprise between 1.2 and 1.65 percent of the United States population; (3) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely; (4) individuals with developmental disabilities often encounter discrimination in the provision of critical services, such as services in the areas of emphasis (as defined in [section 15002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim)); (5) individuals with developmental disabilities are at greater risk than the general population of abuse, neglect, financial and sexual exploitation, and the violation of their legal and human rights; (6) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive technology, from generic and specialized service systems, and remain unserved or underserved; (7) individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 601 — Purpose

**(a) In general** The purpose of this part is to increase the flexibility of States in operating a program designed to— (1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; (2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; (3) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and (4) encourage the formation and maintenance of two-parent families. **(b) No individual entitlement** This part shall not be interpreted to entitle any individual or family to assistance under any State program funded under this part.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 201 — Funding

Beginning with fiscal year 2010, the Secretary shall transfer from the Public Health and Social Services Emergency Fund such sums as may be necessary to carry out this part.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 14526 — Distressed, at-risk, and economically strong counties

**(a) Designations.—** (1) **In general.—** — The Appalachian Regional Commission, in accordance with criteria the Commission may establish, each year shall— (A) designate as “distressed counties” those counties in the Appalachian region that are the most severely and persistently distressed; (B) designate as “at-risk counties” those counties in the Appalachian region that are most at risk of becoming economically distressed; and (C) designate two categories of economically strong counties, consisting of— (i) “competitive counties”, which shall be those counties in the region that are approaching economic parity with the rest of the United States; and (ii) “attainment counties”, which shall be those counties in the region that have attained or exceeded economic parity with the rest of the United States. (2) **Annual review of designations.—** — The Commission shall— (A) conduct an annual review of each designation of a county under paragraph (1) to determine if the county still meets the criteria for the designation; and (B) renew the designation for another one-year period only if the county still meets the criteria. **(b) Distressed Counties.—** In program and project development and implementation and in the allocation of appropriations made available to carry out this subtitle, the Commission shall give special consideration to the needs of counties for which a distressed county designation is in effect under this section. **(c) Economically Strong Counties.—** (1) **Competitive counties.—** — Except as provided in paragraphs (3) and (4), assistance under this subtitle for a project that is carried out in a county for which a competitive county designation is in effect under this section shall not be more than 30 percent of the project

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 14523 — Program implementation

**(a) Requirements.—** A program or project authorized under this chapter shall not be implemented until— (1) the responsible federal official has decided that applications and plans relating to the program or project are not incompatible with the provisions and objectives of federal laws that the official administers that are not inconsistent with this subtitle; and (2) the Appalachian Regional Commission has approved the program or project and has determined that it— (A) meets the applicable criteria under [section 14524 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14524&num=0&edition=prelim) and the requirements of the development planning process under [section 14525 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14525&num=0&edition=prelim); and (B) will contribute to the development of the Appalachian region. **(b) Decision Is Controlling.—** A decision under subsection (a)(2) is controlling and shall be accepted by the federal agencies.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 291 — Financial statements

In the case of any facility for which a grant, loan, or loan guarantee has been made under this subchapter, the applicant for such grant, loan, or loan guarantee (or, if appropriate, such other person as the Secretary may prescribe) shall file at least annually with the State agency for the State in which the facility is located a statement which shall be in such form, and contain such information, as the Secretary may require to accurately show— (1) the financial operations of the facility, and (2) the costs to the facility of providing health services in the facility and the charges made by the facility for providing such services, during the period with respect to which the statement is filed.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 301 — Authorization of appropriations

For the purpose of enabling each State, as far as practicable under the conditions in such State, to furnish financial assistance to aged needy individuals, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this subchapter. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Secretary of Health and Human Services (hereinafter referred to as the “Secretary”), State plans for old-age assistance.

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