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42 U.S.C. § 291f — Projects for construction or modernization

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

42 U.S.C. § 291f — Projects for construction or modernization

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Source location: Title 42, Chapter 6A, § 291f; chapter-6a-public-health-service.md

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**(a) Application; contents** For each project pursuant to a State plan approved under this part, there shall be submitted to the Surgeon General, through the State agency, an application by the State or a political subdivision thereof or by a public or other nonprofit agency. If two or more such agencies join in the project, the application may be filed by one or more of such agencies. Such application shall set forth— (1) a description of the site for such project; (2) plans and specifications therefor, in accordance with regulations prescribed under [section 291c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291c&num=0&edition=prelim); (3) reasonable assurance that title to such site is or will be vested in one or more of the agencies filing the application or in a public or other nonprofit agency which is to operate the facility on completion of the project; (4) reasonable assurance that adequate financial support will be available for the completion of the project and for its maintenance and operation when completed; (5) reasonable assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of construction or modernization on the project will be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40; and the Secretary of Labor shall have with respect to the labor standards specified in this paragraph the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and [section 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim); and (6) a certification by the State agency of the Federal share for the project. **(b) Approval by Surgeon General; requisites; additional approval by Secretary of Health and Human Services** The Surgeon General shall approve such application if sufficient funds to pay the Federal share of the cost of such project are available from the appropriate allotment to the State, and if the Surgeon General finds (1) that the application contains such reasonable assurance as to title, financial support, and payment of prevailing rates of wages; (2) that the plans and specifications are in accord with the regulations prescribed pursuant to [section 291c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291c&num=0&edition=prelim); (3) that the application is in conformity with the State plan approved under [section 291d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291d&num=0&edition=prelim) and contains an assurance that in the operation of the project there will be compliance with the applicable requirements of the regulations prescribed under [section 291c(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291c/e&num=0&edition=prelim), and with State standards for operation and maintenance; and (4) that the application has been approved and recommended by the State agency, opportunity has been provided, prior to such approval and recommendation, for consideration of the project by the public or nonprofit private agency or organization which has developed the comprehensive regional, metropolitan area, or other local area plan or plans referred to in [section 246(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section246/b&num=0&edition=prelim) covering the area in which such project is to be located or, if there is no such agency or organization, by the State agency administering or supervising the administration of the State plan approved under [section 246(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section246/a&num=0&edition=prelim), and the application is for a project which is entitled to priority over other projects within the State in accordance with the regulations prescribed pursuant to [section 291c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291c/a&num=0&edition=prelim). Notwithstanding the preceding sentence, the Surgeon General may approve such an application for a project for construction or modernization of a rehabilitation facility only if it is also approved by the Secretary of Health and Human Services. **(c) Opportunity for hearing required prior to disapproval** No application shall be disapproved until the Surgeon General has afforded the State agency an opportunity for a hearing. **(d) Amendments subject to same approval as original applications** Amendment of any approved application shall be subject to approval in the same manner as an original application. **(e) Outpatient facilities; requirements of applicants** Notwithstanding any other provision of this subchapter, no application for an outpatient facility shall be approved under this section unless the applicant is (1) a State, political subdivision, or public agency, or (2) a corporation or association which owns and operates a nonprofit hospital (as defined in section 291o of this title) or which provides reasonable assurance that the services of a general hospital will be available to patients of such facility who are in need of hospital care.

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

42 U.S.C. § 202 — Definitions

When used in this chapter— **(a)** The term “Service” means the Public Health Service; **(b)** The term “Surgeon General” means the Surgeon General of the Public Health Service; **(c)** Unless the context otherwise requires, the term “Secretary” means the Secretary of Health and Human Services. **(d)** The term “regulations”, except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary; **(e)** The term “executive department” means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States; **(f)** Except as provided in sections 246(g)(4)(B),11 See References in Text note below. 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term “State” includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. **(g)** The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands; **(h)** Repealed. Pub. L. 97–35, title IX, § 986(a), Aug. 13, 1981, 95 Stat. 603. **(i)** The term “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances; **(j)** The term “habit-forming narcotic drug” or “narcotic” means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca

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

40 U.S.C. § 3145 — Regulations governing contractors and subcontractors

**(a) In General.—** The Secretary of Labor shall prescribe reasonable regulations for contractors and subcontractors engaged in constructing, carrying out, completing, or repairing public buildings, public works, or buildings or works that at least partly are financed by a loan or grant from the Federal Government. The regulations shall include a provision that each contractor and subcontractor each week must furnish a statement on the wages paid each employee during the prior week. **(b) Application.—** [Section 1001 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1001&num=0&edition=prelim) applies to the statements.

Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 3145

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

42 U.S.C. § 291c — State allotments

**(a) Computation for individual States; formulas for both new construction and modernization** (1) Each State shall be entitled for each fiscal year to an allotment bearing the same ratio to the sums appropriated for such year pursuant to subparagraphs (1), (2), and (3), respectively, of [section 291a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a/a&num=0&edition=prelim), and to an allotment bearing the same ratio to the sums appropriated for such year pursuant to [section 291a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a/b&num=0&edition=prelim), as the product of— (A) the population of such State, and (B) the square of its allotment percentage, bears to the sum of the corresponding products for all of the States. (2) For each fiscal year, the Secretary shall, in accordance with regulations, make allotments among the States, from the sums appropriated for such year under [section 291a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a/c&num=0&edition=prelim), on the basis of the population, the financial need, and the extent of the need for modernization of the facilities referred to in paragraphs (a) and (b) of [section 291a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a&num=0&edition=prelim), of the respective States. **(b) Minimum allotments** (1) The allotment to any State under subsection (a) for any fiscal year which is less than— (A) $50,000 for the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, or Guam and $100,000 for any other State, in the case of an allotment for grants for the construction of public or other nonpr

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 291c

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

42 U.S.C. § 291d — General regulations

The Surgeon General, with the approval of the Federal Hospital Council and the Secretary of Health and Human Services shall by general regulations prescribe— **(a) Priority of projects; determination** the general manner in which the State agency shall determine the priority of projects based on the relative need of different areas lacking adequate facilities of various types for which assistance is available under this part, giving special consideration— (1) in the case of projects for the construction of hospitals, to facilities serving areas with relatively small financial resources and, at the option of the State, rural communities; (2) in the case of projects for the construction of rehabilitation facilities, to facilities operated in connection with a university teaching hospital which will provide an integrated program of medical, psychological, social, and vocational evaluation and services under competent supervision; (3) in the case of projects for modernization of facilities, to facilities serving densely populated areas; (4) in the case of projects for construction or modernization of outpatient facilities, to any outpatient facility that will be located in, and provide services for residents of, an area determined by the Secretary to be a rural or urban poverty area; (5) to projects for facilities which, alone or in conjunction with other facilities, will provide comprehensive health care, including outpatient and preventive care as well as hospitalization; (6) to facilities which will provide training in health or allied health professions; and (7) to facilities which will provide to a significant extent, for the treatment of alcoholism; **(b) Standards of construction and equipment** general standards of construction and equipment for facilities

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 291d

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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. § 291j — Recovery of expenditures under certain conditions

**(a) Persons liable** If any facility with respect to which funds have been paid under [section 291f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291f&num=0&edition=prelim) shall, at any time within 20 years after the completion of construction or modernization— (1) be sold or transferred to any entity (A) which is not qualified to file an application under [section 291e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291e&num=0&edition=prelim), or (B) which is not approved as a transferee by the State agency designated pursuant to [section 291d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291d&num=0&edition=prelim), or its successor, or (2) cease to be a public health center or a public or other nonprofit hospital, outpatient facility, facility for long-term care, or rehabilitation facility, the United States shall be entitled to recover, whether from the transferor or the transferee (or, in the case of a facility which has ceased to be public or nonprofit, from the owners thereof) an amount determined under subsection (c). **(b) Notice to Secretary** The transferor of a facility which is sold or transferred as described in subsection (a)(1), or the owner of a facility the use of which is changed as described in subsection (a)(2), shall provide the Secretary written notice of such sale, transfer, or change not later than the expiration of 10 days from the date on which such sale, transfer, or change occurs. **(c) Amount of recovery; interest; interest period** (1) Except as provided in paragraph (2), the amount the United States shall be entitled to recover under subsection (a) is an amount bearing the same ratio to the then value

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

42 U.S.C. § 3338 — Definitions

As used in this subchapter— (1) “Areawide development” means all projects or programs for the acquisition, use, and development of open-space land; and the planning and construction of hospitals, libraries, airports, water supply and distribution facilities, sewerage facilities and waste treatment works, transportation facilities, highways, water development and land conservation, and other public works facilities. (2) “Areawide development project” means a project assisted or to be assisted under section 702 of the Housing and Urban Development Act of 1965 [[42 U.S.C. 3102](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3102&num=0&edition=prelim)]; section 606 of the Public Health Service Act [[42 U.S.C. 291f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291f&num=0&edition=prelim)]; section 8 11 See References in Text note below. of the Federal Water Pollution Control Act [[33 U.S.C. 1158](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1158&num=0&edition=prelim)]; [section 120(a) of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section120/a&num=0&edition=prelim); section 12 1 of the Federal Airport Act; section 19 1 of the Airport and Airway Development Act of 1970; [section 5309 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5309&num=0&edition=prelim); title VII of the Housing Act of 1961 [[42 U.S.C. 1500](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1500&num=0&edition=prelim) et seq.]; or [section 200305(e) of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section200305/e&num=0&edition=prelim); or under section 101(a)(1) 1 of the Public Work

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

42 U.S.C. § 291f — Payments for construction or moderniza-

Page 975 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 291g lished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. § 291f. Payments for construction or moderniza- tion (a) Certification of work by Surgeon General; conditions affecting payments Upon certification to the Surgeon General by the State agency, based upon inspection by it, that work has been performed upon a project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment is due to the appli- cant, such installment shall be paid to the State, from the applicable allotment of such State, except that (1) if the State is not author- ized by law to make payments to the applicant, or if the State so requests, the payment shall be made directly to the applicant, (2) if the Sur- geon General, after investigation or otherwise, has reason to believe that any act (or failure to act) has occurred requiring action pursuant to section 291g of this title, payment may, after he has given the State agency notice of oppor- tunity for hearing pursuant to such section, be withheld, in whole or in part, pending corrective action or action based on such hearing, and (3) the total of payments under this subsection with respect to such project may not exceed an amount equal to the Federal share of the cost of construction of such project. (b) Additional payments in cases of amended ap- plications In case an amendment to an approved applica- tion is approved as provided in section 291e of this title or the estimated cost of a project is re- vised upward, any additional payment with re- spect thereto may be

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