
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC291f]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
  SUBCHAPTER IV--CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND OTHER 
                           MEDICAL FACILITIES
 
Part A--Grants and Loans for Construction and Modernization of Hospitals 
                      and Other Medical Facilities
 
Sec. 291f. Payments for construction or modernization


(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, 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 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) Administration expenses; use of portion of allotments to defray; 
        manner of payment

    (1) At the request of any State, a portion of any allotment or 
allotments of such State under this part shall be available to pay one-
half (or such smaller share as the State may request) of the 
expenditures found necessary by the Surgeon General for the proper and 
efficient administration during such year of the State plan approved 
under this part; except that not more than 4 per centum of the total of 
the allotments of such State for a year, or $100,000, whichever is less, 
shall be available for such purpose for such year. Payments of amounts 
due under this paragraph may be made in advance or by way of 
reimbursement, and in such installments, as the Surgeon General may 
determine.
    (2) Any amount paid under paragraph (1) of this subsection to any 
State for any fiscal year shall be paid on condition that there shall be 
expended from State sources for such year for administration of the 
State plan approved under this part not less than the total amount 
expended for such purposes from such sources during the fiscal year 
ending June 30, 1970.

(July 1, 1944, ch. 373, title VI, Sec. 606, as added Pub. L. 88-443, 
Sec. 3(a), Aug. 18, 1964, 78 Stat. 454; amended Pub. L. 91-296, title I, 
Sec. 112, June 30, 1970, 84 Stat. 340.)


                            Prior Provisions

    A prior section 291f, act July 1, 1944, ch. 373, title VI, Sec. 623, 
as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041; amended June 19, 
1948, ch. 554, 62 Stat. 536; Oct. 25, 1949, ch. 722, Sec. 3(a), 63 Stat. 
899, related to State plans, their submission, and their requirements, 
prior to the general amendment of this subchapter by Pub. L. 88-443. See 
section 291d of this title.
    Provisions similar to those comprising subsec. (a) of this section 
were contained in former section 291h(b), acts July 1, 1944, ch. 373, 
title VI, Sec. 625, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 
1041; amended Oct. 25, 1949, ch. 722, Sec. 3(b), 63 Stat. 899, prior to 
the general amendment of this subchapter by Pub. L. 88-443.


                               Amendments

    1970--Subsec. (c)(1). Pub. L. 91-296, Sec. 112(1), substituted ``4 
per centum'' for ``2 per centum'' and ``$100,000 for $50,000''.
    Subsec. (c)(2). Pub. L. 91-296, Sec. 112(2), substituted ``June 30, 
1970'' for ``June 30, 1964''.


                    Effective Date of 1970 Amendment

    Section 112 of Pub. L. 91-296 provided that the amendment made by 
that section is effective with respect to expenditures under a State 
plan approved under this subchapter which are made for administration of 
such plan during any fiscal year beginning after June 30, 1970.

                          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 Secretary of Health, Education, and 
Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note 
under section 202 of this title. Secretary of Health, Education, and 
Welfare redesignated Secretary of Health and Human Services by section 
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 
20, Education.

                  Section Referred to in Other Sections

    This section is referred to in sections 291i, 3338 of this title.
