PRIA, Government Policy, Made Personal

§291f Payments for Construction or Modernization

Title 42 › 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 › § 291f

Last updated Sep 22, 2026|Official source

Summary

When a State agency inspects a project and tells the Surgeon General that work or purchases were done as approved and an installment is due, the payment comes from the State’s allotment. If the State cannot lawfully pay the applicant or asks for it, the money goes straight to the applicant. The Surgeon General can hold back payments after giving the State a chance for a hearing if he thinks a problem covered by section 291g happened. Payments for a project cannot go over the Federal share of its construction cost. If an approved application is changed or the project cost goes up, extra payments can come from the State’s allotment for the fiscal year when the change is approved. A State can ask to use part of its allotment to cover half (or a smaller share it asks for) of the administration costs the Surgeon General finds necessary for running the State plan. The amount used for this cannot be more than 4 percent of the State’s total allotments for the year or $100,000, whichever is less. These admin payments can be advanced or reimbursed in installments as the Surgeon General decides. The State must spend at least as much of its own money for administration in each year as it did in the fiscal year ending June 30, 1970.

Title 42, §291f

The Public Health and Welfare, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 291f, act

July 1, 1944, ch. 373, title VI, § 623, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041; amended

June 19, 1948, ch. 554, 62 Stat. 536; Oct. 25, 1949, ch. 722, § 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, § 625, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041; amended Oct. 25, 1949, ch. 722, § 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, § 112(1), substituted “4 per centum” for “2 per centum” and “$100,000 for $50,000”. Subsec. (c)(2). Pub. L. 91–296, § 112(2), substituted “

June 30, 1970” for “

June 30, 1964”.

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Effective Date

of 1970 Amendment Pub. L. 91–296, title I, § 112,

June 30, 1970, 84 Stat. 340, 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.

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 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. Office of Surgeon General reestablished 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.