Page:United States Statutes at Large Volume 116 Part 2.djvu/485

 PUBLIC LAW 107-217—AUG. 21, 2002 116 STAT. 1267 (1) ADDITIONAL USES FOR CONSTRUCTION GRANTS. — Grants under this section for construction may also be used for— (A) the acquisition of privately owned facilities— (i) not operated for profit; or (ii) previously operated for profit if the Commission finds that health services would not otherwise be provided in the area served by the facility if the acquisition is not made; and (B) initial equipment. (2) STANDARDS FOR MAKING GRANTS. —Grants under this section for construction shall be made in accordance with section 14523 of this title and shall not be incompatible with the applicable provisions of title VI of the Public Health Service Act (42 U.S.C. 291 et seq.), the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.), and other laws authorizing grants for the construction of health-related facilities, without regard to any provisions in those laws relating to appropriation authorization ceilings or to allotments among the States. (3) LIMITATION ON AVAILABLE AMOUNTS.— ^A grant for the construction or equipment of any component of a demonstration health project shall not be more than 80 percent of the cost. (4) SOURCES OF ASSISTANCE.—The federal contribution may be provided entirely from amounts authorized under this section or in combination with amounts provided under other federal grant programs for the construction or equipment of healthrelated facilities. (5) FEDERAL SHARE. —Notwithstanding any provision of law limiting the federal share in those other programs, amounts authorized under this section may be used to increase federal grants for component facilities of a demonstration health project to a maximum of 80 percent of the cost of the facilities. (d) OPERATION GRANTS. — (1) STANDARDS FOR MAKING GRANTS.— A grant for the operation of a demonstration health project shall not be made— (A) unless the facility is publicly owned, or owned by a public or private nonprofit organization, and is not operated for profit; (B) after five years following the commencement of the initial grant for operation of the project, except that child development demonstrations assisted under this section during fiscal year 1979 may be approved under section 14322 of this title for continued support beyond that period, on request of the State, if the Commission finds that no federal, state, or local amounts are available to continue the project; and (C) unless the Secretary of Health and Human Services is satisfied that the operation of the project will be conducted under efficient management practices designed to obviate operating deficits. (2) LIMITATION ON AVAILABLE AMOUNTS. — Grants under this section for the operation (including initial operating amounts and operating deficits, which include the cost of attracting, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with amounts authorized by this section, may be made for up to 50 percent of the cost of that operation (or 80 percent of the cost of that

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