42 USC § -
(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 expansion 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 disapproved 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 comprehensive 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 subsection (c)(1) of this section plus the interest (if any) prescribed by subsection (c)(2) of this section.
(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) of this section, or the owner of a facility the use of which changes as described in subsection (a)(2) of this section, 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) of this section 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, expansion, or acquisition of the project or projects.
(2)
(A)
The interest that the United States is entitled to recover under subsection (a) of this section is the interest for the period (if any) described in subparagraph (B) at a rate (determined by the Secretary) based on the average of the bond equivalent rates of ninety-one-day Treasury bills auctioned during that period.
(B)
The period referred to in subparagraph (A) is the period beginning—
(i)
if notice is provided as prescribed by subsection (b) of this section, 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) of this section, 11 days after such sale, transfer, 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) of this section 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.
(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 expansion 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 disapproved 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 comprehensive 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 subsection (c)(1) of this section plus the interest (if any) prescribed by subsection (c)(2) of this section.
(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) of this section, or the owner of a facility the use of which changes as described in subsection (a)(2) of this section, 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) of this section 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, expansion, or acquisition of the project or projects.
(2)
(A)
The interest that the United States is entitled to recover under subsection (a) of this section is the interest for the period (if any) described in subparagraph (B) at a rate (determined by the Secretary) based on the average of the bond equivalent rates of ninety-one-day Treasury bills auctioned during that period.
(B)
The period referred to in subparagraph (A) is the period beginning—
(i)
if notice is provided as prescribed by subsection (b) of this section, 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) of this section, 11 days after such sale, transfer, 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) of this section 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.
Source
(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, § 902(e)(2)(A),Aug. 13, 1981, 95 Stat. 560; renumbered title XXI, § 2115,Pub. L. 98–24, § 2(a)(1),Apr. 26, 1983, 97 Stat. 176; Pub. L. 99–129, title II, § 226(a),Oct. 22, 1985, 99 Stat. 546; renumbered title XXIII, § 2315,Pub. L. 99–660, title III, § 311(a),Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, § 2513,Pub. L. 100–607, title II, § 201(1), (3),Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, § 2613,Pub. L. 100–690, title II, § 2620(a),Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, § 2713,Pub. L. 101–381, title I, § 101(1), (2),Aug. 18, 1990, 104 Stat. 576; Pub. L. 102–229, title II, § 208,Dec. 12, 1991, 105 Stat. 1716; Pub. L. 102–239, § 1,Dec. 17, 1991, 105 Stat. 1912; renumbered title II, § 243,Pub. L. 103–43, title XX, § 2010(a)(1)–(3), June 10, 1993, 107 Stat. 213.)
References in Text
The Community Mental Health Centers Act, referred to in subsec. (a), is title II of Pub. L. 88–164, as added by Pub. L. 94–63, title III, § 303,July 29, 1975, 89 Stat. 309, and amended, which was classified principally to subchapter III (§ 2689 et seq.) of chapter
33 of this title prior to its repeal by Pub. L. 97–35, title IX, § 902(e)(2)(B),Aug. 13, 1981, 95 Stat. 560. Section 222 of the Community Mental Health Centers Act was classified to section
2689j of this title prior to its repeal.
Codification
Section was classified to section
300aaa–12 of this title prior to renumbering by Pub. L. 103–43, to section
300cc–14 of this title prior to renumbering by Pub. L. 100–607, to section
300aa–14 of this title prior to renumbering by Pub. L. 99–660, to section
229d of this title prior to renumbering by Pub. L. 98–24, and to section
2689m of this title prior to renumbering by Pub. L. 97–35.
Amendments
1991—Subsec. (d). Pub. L. 102–229and Pub. L. 102–239amended subsec. (d) identically, substituting “subsection (a)” for “subsection (a)(2)”.
1985—Pub. L. 99–129amended section generally. Prior to amendment, section read as follows: “If any facility of a community mental health center acquired, remodeled, constructed, or expanded with funds provided under the Community Mental Health Centers Act is, at any time within twenty years after the completion of such remodeling, construction, or expansion or after the date of its acquisition with such funds—
“(1) sold or transferred to any person or entity (A) which is not qualified to file an application under section 222 of the Community Mental Health Centers Act, 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) not used by a community mental health center in the provision of comprehensive mental health services, and the Secretary has not determined that there is good cause for termination of such use,
the United States shall be entitled to recover from either the transferor or the transferee in the case of a sale or transfer or from the owner in the case of termination of use an amount bearing the same ratio to the then value (as determined by the agreement of the parties or by action brought in the United States district court for the district in which the center is situated) of so much of such facility or center as constituted an approved project or projects, as the amount of the Federal participation bore to the acquisition, remodeling, construction, or expansion cost of such project or projects. Such right of recovery shall not constitute a lien upon such facility or center prior to judgment.”
1981—Pub. L. 97–35substituted “the Community Mental Health Centers Act” for “this subchapter” and “section 222 of the Community Mental Health Centers Act” for “section
2689j of this title”.
1978—Pub. L. 95–622substituted “this subchapter” for “this part”.
Effective Date of 1985 Amendment
Pub. L. 99–129, title II, § 226(b),Oct. 22, 1985, 99 Stat. 547, provided that: “In the case of any facility that was or is constructed, remodeled, expanded, or acquired on or before the date of enactment of this Act [Oct. 22, 1985] or within 180 days after the date of enactment of this Act, the period described in clause (i) or (ii), as the case may be, of section
2115(c)(2)(B) [now 243(c)(2)(B)] of the Public Health Service Act [subsec. (c)(2)(B)(i), (ii) of this section] (as amended by subsection (a) of this section) shall begin no earlier than 181 days after the date of enactment of this Act.”
Effective Date of 1981 Amendment
Section 902(h) ofPub. L. 97–35provided that: “The amendments made by this section [amending this section and sections
201,
225a [now 238d], 229b [now 238j], 243, 246, 289k–1, 300d–4, 300d–6, 300l–2, 300m, 300m–3, 9412, and 9511 of this title, repealing sections
247b–1,
247b–2,
255,
300d to
300d–3,
300d–5,
300d–7 to
300d–9,
300d–21,
2689 to
2689l,
2689n to
2689p,
2689r to
2689aa,
9411,
9421 to
9423,
9431 to
9438,
9451,
9452,
9461 to
9465,
9471 to
9473,
9481,
9491 to
9493,
9502,
9512,
9521, and
9523 of this title, repealing provisions set out as notes under sections
246 and
2689 of this title, and transferring section
2689m tosection
229d [now 238l] of this title] shall take effect October 1, 1981.”
Effective Date of 1978 Amendment
Section 110(c) ofPub. L. 95–622provided that the amendment made by that section is effective July 29, 1975.
Effective Date
Section effective July 1, 1975, see section 608 ofPub. L. 94–63, set out as an Effective Date of 1975 Amendment note under section
247b of this title.
Other Legal Rights of United States Not Adversely Affected by 1985 Amendment
Section 226(c) ofPub. L. 99–129provided that: “The amendments made by subsection (a) of this section [amending this section] shall not adversely affect other legal rights of the United States.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Friday, May 3, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
| 42 USC | Description of Change | Session Year | Public Law | Statutes at Large |
|---|
This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.
