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42 U.S.C. § 291i — Judicial review
Federal law — U.S. Code and appendices · legal_authorities
**(a) Refusal to approve application; procedure; jurisdiction of court of appeals** If the Surgeon General refuses to approve any application for a project submitted under [section 291e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291e&num=0&edition=prelim) or [section 291j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291j&num=0&edition=prelim), the State agency through which such application was submitted, or if any State is dissatisfied with his action under [section 291g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291g&num=0&edition=prelim) such State may appeal to the United States court of appeals for the circuit in which such State is located, by filing a petition with such court within sixty days after such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Surgeon General, or any officer designated by him for that purpose. The Surgeon General shall thereupon file in the court the record of the proceedings on which he based his action, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Surgeon General or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Surgeon General may modify or set aside his order.
**(b) Conclusiveness of Surgeon General’s findings; remand; new or modified findings** The findings of the Surgeon General as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may r
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Stable record: federal_law:legal_authorities:record_usc_68e7d37ffda25af9c80fd3c2
Source file: Laws/federal/codes/united-states-code/title-42/section-291i-judicial-review--4000d4766b.md
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Source location: Title 42, Chapter 6A, § 291i; chapter-6a-public-health-service.md
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**(a) Refusal to approve application; procedure; jurisdiction of court of appeals** If the Surgeon General refuses to approve any application for a project submitted under [section 291e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291e&num=0&edition=prelim) or [section 291j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291j&num=0&edition=prelim), the State agency through which such application was submitted, or if any State is dissatisfied with his action under [section 291g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291g&num=0&edition=prelim) such State may appeal to the United States court of appeals for the circuit in which such State is located, by filing a petition with such court within sixty days after such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Surgeon General, or any officer designated by him for that purpose. The Surgeon General shall thereupon file in the court the record of the proceedings on which he based his action, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Surgeon General or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Surgeon General may modify or set aside his order.
**(b) Conclusiveness of Surgeon General’s findings; remand; new or modified findings** The findings of the Surgeon General as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Surgeon General to take further evidence, and the Surgeon General may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
**(c) Review by Supreme Court; stay of Surgeon General’s action** The judgment of the court affirming or setting aside, in whole or in part, any action of the Surgeon General shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in [section 1254 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim). The commencement of proceedings under this section shall not, unless so specifically ordered by the court, operate as a stay of the Surgeon General’s action.
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 202
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission; requirements** Any State desiring to participate in this part may submit a State plan. Such plan must—
(1) designate a single State agency as the sole agency for the administration of the plan, or designate such agency as the sole agency for supervising the administration of the plan;
(2) contain satisfactory evidence that the State agency designated in accordance with paragraph (1) of this subsection will have authority to carry out such plan in conformity with this part;
(3) provide for the designation of a State advisory council which shall include (A) representatives of nongovernmental organizations or groups, and of public agencies, concerned with the operation, construction, or utilization of hospital or other facilities for diagnosis, prevention, or treatment of illness or disease, or for provision of rehabilitation services, and representatives particularly concerned with education or training of health professions personnel, and (B) an equal number of representatives of consumers familiar with the need for the services provided by such facilities, to consult with the State agency in carrying out the plan, and provide, if such council does not include any representatives of nongovernmental organizations or groups, or State agencies, concerned with rehabilitation, for consultation with organizations, groups, and State agencies so concerned;
(4) set forth, in accordance with criteria established in regulations prescribed under [section 291c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291c&num=0&edition=prelim) and on the basis of a statewide inventory of existing facilities, a survey of need, and (except to the extent provided by or pursuant to such regulations) community, area, or regional plans
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 291e
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Federal law — U.S. Code and appendices · legal_authorities
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1254
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 291j
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The rules prescribed under the authority of [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim) may provide for the time and manner of filing and the contents of the record in all proceedings instituted in the courts of appeals to enjoin, set aside, suspend, modify, or otherwise review or enforce orders of administrative agencies, boards, commissions, and officers. Such rules may authorize the agency, board, commission, or officer to file in the court a certified list of the materials comprising the record and retain and hold for the court all such materials and transmit the same or any part thereof to the court, when and as required by it, at any time prior to the final determination of the proceeding, and such filing of such certified list of the materials comprising the record and such subsequent transmittal of any such materials when and as required shall be deemed full compliance with any provision of law requiring the filing of the record in the court. The record in such proceedings shall be certified and filed in or held for and transmitted to the court of appeals by the agency, board, commission, or officer concerned within the time and in the manner prescribed by such rules. If proceedings are instituted in two or more courts of appeals with respect to the same order, the following shall apply:
(1) If within ten days after issuance of the order the agency, board, commission, or officer concerned receives, from the persons instituting the proceedings, the petition for review with respect to proceedings in at least two courts of appeals, the agency, board, commission, or officer shall proceed in accordance with paragraph (3) of this subsection. If within ten days after the is
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2112
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Federal law — U.S. Code and appendices · legal_authorities
**(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 applicant, such installment shall be paid to the State, from the applicable allotment of such State, except that (1) if the State is not authorized 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 Surgeon 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291g&num=0&edition=prelim), payment may, after he has given the State agency notice of opportunity 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 applications** In case an amendment to an approved application is approved as provided in [section 291e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291e&num=0&edition=prelim) or the estimated cost of a project is revised upward, any additional payment with respect thereto may be made from the applicable allotment of the State for the fiscal year in which such amendment or revision is approved.
**(c) Admin
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 291g
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this subchapter is—
**(a)** to assist the several States in the carrying out of their programs for the construction and modernization of such public or other nonprofit community hospitals and other medical facilities as may be necessary, in conjunction with existing facilities, to furnish adequate hospital, clinic, or similar services to all their people;
**(b)** to stimulate the development of new or improved types of physical facilities for medical, diagnostic, preventive, treatment, or rehabilitative services; and
**(c)** to promote research, experiments, and demonstrations relating to the effective development and utilization of hospital, clinic, or similar services, facilities, and resources, and to promote the coordination of such research, experiments, and demonstrations and the useful application of their results.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 291a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization; conditions** In order further to assist the States in carrying out the purposes of this subchapter, the Surgeon General is authorized to make a loan of funds to the applicant for any project for construction or modernization which meets all of the conditions specified for a grant under this part.
**(b) Approval; payments to applicants** Except as provided in this section, an application for a loan with respect to any project under this part shall be submitted, and shall be approved by the Surgeon General, in accordance with the same procedures and subject to the same limitations and conditions as would be applicable to the making of a grant under this part for such project. Any such application may be approved in any fiscal year only if sufficient funds are available from the allotment for the type of project involved. All loans under this section shall be paid directly to the applicant.
**(c) Terms**
(1) The amount of a loan under this part shall not exceed an amount equal to the Federal share of the estimated cost of construction or modernization under the project. Where a loan and a grant are made under this part with respect to the same project, the aggregate amount of such loan and such grant shall not exceed an amount equal to the Federal share of the estimated cost of construction or modernization under the project. Each loan shall bear interest at the rate arrived at by adding one-quarter of 1 per centum per annum to the rate which the Secretary of the Treasury determines to be equal to the current average yield on all outstanding marketable obligations of the United States as of the last day of the month preceding the date the application for the loan is approved and by adjusting the result so obtained to the nearest one-eighth of 1 per
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 291j–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons liable** If any facility with respect to which funds have been paid under this subchapter 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 300s–1 or 300t–12 of this title or (B) which is not approved as a transferee by the State Agency of the State in which such facility is located, 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 (as determined by the agreement of the parties or in an action brought in the district court of the United States for the district for which the facility involved is situated) of so much of the facility as constituted an approved project or projects as the amount of the Federal participation bore to the cost of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300s–3
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Federal law — U.S. Code and appendices · legal_authorities
Page 977
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 291i
1 So in original. The period probably should be a comma.
107; July 12, 1954, ch. 471, § 4(g), 68 Stat. 466; Aug. 28,
1958, Pub. L. 85–791, § 27, 72 Stat. 950, prior to the gen-
eral amendment of this subchapter by Pub. L. 88–443.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ sub-
stituted for ‘‘Secretary of Health, Education, and Wel-
fare’’ pursuant to section 509(b) of Pub. L. 96–88, which
is classified to section 3508(b) of Title 20, Education.
Executive Documents
TRANSFER OF FUNCTIONS
Office of Surgeon General abolished by section 3 of
Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855,
80 Stat. 1610, and functions thereof transferred to Sec-
retary of Health, Education, and Welfare by section 1 of
Reorg. Plan No. 3 of 1966, set out as a note under sec-
tion 202 of this title. Office of Surgeon General reestab-
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.
§ 291i. 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
shall, at any time within 20 years after the com-
pletion 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, or (B) which is
not approved as a transferee by the State
agency designated pursuant to section 291d of
this title, or its successor, or
(2) cease to be a public health center or a
public or other nonprofit hospital, outpatient
facility, facility f
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 291i
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.