42 U.S.C. § 238k — Contract authority

Page 121 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 238l changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–183, title VII, § 701, Dec. 14, 1993, 107 Stat. 2239, provided that the amendment made by that sec- tion is effective Oct. 1, 1994. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as a note under section 238l of this title. § 238k. Contract authority The authority of the Secretary to enter into contracts under this chapter shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appro- priation Acts. (July 1, 1944, ch. 373, title II, § 242, formerly title V, § 514, as added Pub. L. 95–623, § 11(e), Nov. 9, 1978, 92 Stat. 3456; renumbered title XXI, § 2114, Pub. L. 98–24, § 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, § 2314, Pub. L. 99–660, title III, § 311(a), Nov. 14, 1986, 100 Stat. 3755; re- numbered title XXV, § 2512, Pub. L. 100–607, title II, § 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; re- numbered title XXVI, § 2612, Pub. L. 100–690, title II, § 2620(a), Nov. 18, 1988, 102 Stat. 4244; renum- bered title XXVII, § 2712, Pub. L. 101–381, title I, § 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renum- bered title II, § 242, Pub. L. 103–43, title XX, § 2010(a)(1)–(3), June 10, 1993, 107 Stat. 213.) Editorial Notes CODIFICATION Section was formerly classified to section 300aaa–11 of this title prior to renumbering by Pub. L. 103–43, to section 300cc–13 of this title prior to renumbering by Pub. L. 100–607, to section 300aa–13 of this title prior to renumbering by Pub. L. 99–660, and to section 229c of this title prior to renumbering by Pub. L. 98–24. Statutory Notes and Related Subsidiaries OBLIGATIONS RELATED TO AGREEMENT WITH PRIVATE ENTITIES Pub. L. 105–277, div. A, § 101(f) [title II], Oct. 21, 1998, 112 Stat. 2681–337, 2681–349, provided in part: ‘‘That here- inafter obligations may be incurred related to agree- ment with private entities without receipt of advance payment.’’ § 238l. Recovery (a) Right of United States to recover base amount plus interest If any facility with respect to which funds have been paid under the Community Mental Health Centers Act [42 U.S.C. 2689 et seq.] (as such Act was in effect prior to October 1, 1981) is, at any time within twenty years after the completion of remodeling, construction, or ex- pansion or after the date of its acquisition— (1) sold or transferred to any entity (A) which would not have been qualified to file an application under section 222 of such Act [42 U.S.C. 2689j] (as such section was in effect prior to October 1, 1981) or (B) which is dis- approved as a transferee by the State mental health agency or by another entity designated by the chief executive officer of the State, or (2) ceases to be used by a community mental health center in the provision of comprehen- sive mental health services, the United States shall be entitled to recover from the transferor, transferee, or owner of the facility, the base amount prescribed by sub- section (c)(1) plus the interest (if any) prescribed by subsection (c)(2). (b) Notice of sale, transfer, or change The transferor and transferee of a facility that is sold or transferred as described in subsection (a)(1), or the owner of a facility the use of which changes as described in subsection (a)(2), shall provide the Secretary written notice of such sale, transfer, or change within 10 days after the date on which such sale, transfer, or cessation of use occurs or within 30 days after October 22, 1985, whichever is later. (c) Base amount; interest (1) The base amount that the United States is entitled to recover under subsection (a) is the 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 in which the facility 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 remodeling, construction, expan- sion, or acquisition of the project or projects. (2)(A) The interest that the United States is entitled to recover under subsection (a) is the interest for the period (if any) described in sub- paragraph (B) at a rate (determined by the Sec- retary) based on the average of the bond equiva- lent rates of ninety-one-day Treasury bills auc- tioned during that period. (B) The period referred to in subparagraph (A) is the period beginning— (i) if notice is provided as prescribed by sub- section (b), 191 days after the date on which such sale, transfer, or cessation of use occurs, or (ii) if notice is not provided as prescribed by subsection (b), 11 days after such sale, trans- fer, or cessation of use occurs, and ending on the date the amount the United States is entitled to recover is collected. (d) Waiver of recovery rights The Secretary may waive the recovery rights of the United States under subsection (a) with respect to a facility (under such conditions as the Secretary may establish by regulation) if the Secretary determines that there is good cause for waiving such rights. (e) Pre-judgment lien The right of recovery of the United States under subsection (a) shall not, prior to judg- ment, constitute a lien on any facility. (July 1, 1944, ch. 373, title II, § 243, formerly title V, § 515, formerly Pub. L. 88–164, title II, § 225, as added Pub. L. 94–63, title III, § 303, July 29, 1975, 89 Stat. 326; amended Pub. L. 95–622, title I, § 110(c), Nov. 9, 1978, 92 Stat. 3420; renumbered title V, § 515, and amended Pub. L. 97–35, title IX,