
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC291h]

 
                 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. 291h. Judicial review


(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 or section 291j of 
this title, the State agency through which such application was 
submitted, or if any State is dissatisfied with his action under section 
291g of this title 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. 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. 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.

(July 1, 1944, ch. 373, title VI, Sec. 608, as added Pub. L. 88-443, 
Sec. 3(a), Aug. 18, 1964, 78 Stat. 456.)


                            Prior Provisions

    A prior section 291h, act 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, Secs. 3(b-d), 8, 63 Stat. 899, 901; July 12, 1954, ch. 
471, Sec. 4(b), 68 Stat. 464, related to projects for construction, the 
application required and its contents and approval by the Surgeon 
General, and provided for a hearing prior to disapproval of the 
application, prior to the general amendment of this subchapter by Pub. 
L. 88-443. See section 291e of this title.
    Provisions similar to those comprising this section were contained 
in former section 291j(b), act July 1, 1944, ch. 373, title VI, 
Sec. 632, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041; 
amended June 28, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, 
ch. 139, Sec. 127, 63 Stat. 107; July 12, 1954, ch. 471, Sec. 4(g), 68 
Stat. 466; Aug. 28, 1958, Pub. L. 85-791, Sec. 27, 72 Stat. 950, prior 
to the general amendment of this subchapter by Pub. L. 88-443.

                          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.
