Page:United States Statutes at Large Volume 60 Part 1.djvu/1073

 PUBLIC LAWS-CH. 958-AUG. 13, 1946 Opportunity for hearing. Certification of amount, etc. Defanlt. Amendment of ap- plication, etc. Use of funds. Recovery of value. Allotment percent- age. Exceptions. Promnlgation. accordance with the regulations prescribed pursuant to section 622 (d). No application shall be disapproved until the Surgeon General has afforded the State agency an opportunity for a hearing. "(b) Upon approving an application under this section, the Surgeon General shall certify to the Secretary of the Treasury an amount equal to 331/3 per centum of the estimated cost of construction of the project and designate the appropriation from which it is to be paid. Such certification shall provide for payment to the State, except that if the State is not authorized by law to make payments to the applicant the certification shall provide for payment direct to the applicant. Upon certification 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, the Surgeon General shall certify such installment for payment by the Secretary of the Treasury; except that if the Surgeon General, after investigation or otherwise, has ground to believe that a default has occurred requiring action pursuant to section 632 (a) he may, upon giving notice of hear- ing pursuant to such subsection, withhold certification pending action based on such hearing. "(c) Amendment of any approved application shall be subject to approval in the same manner as an original application. Certifica- tion under subsection (b) may be amended, either upon approval of an amendment of the application or upon revision of the estimated cost of a project. An amended certification may direct that any additional payment be made from the applicable allotment for the fiscal year in which such amended certification is made. "(d) The funds paid under this section for the construction of an approved project shall be used solely for carrying out such project as so approved. "(e) If any hospital for which funds have been paid under this section shall, at any time within twenty years after the completion of construction, (A) be sold or transferred to any person, agency, or organization, (1) which is not qualified to file an application under this section, or (2) which is not approved as a transferee by the State agency designated pursuant to section 623 (a) (1), or its suc- cessor, or (B) cease to be a nonprofit hospital as defined in section 631 (g), the United States shall be entitled to recover from either the transferor or the transferee (or in the case of a hospital which has ceased to be a nonprofit hospital, from the owners thereof) 331/3 per centum of the then value of such hospital, as determined by agree- ment of the parties or by action brought in the district court of the United States for the district in which such hospital is situated. "PART D-MISCELLANEOUS "DEFINITIONB "SEC. 631. For the purposes of this title- "(a) the allotment percentage for any State shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the continental United States (excluding Alaska), except that (1) the allotment percentage shall in no case be more than 75 per centum or less than 331/3 per centum, and (2) the allotment percentage for Alaska and Hawaii shall be 50 per centum each, and the allotment percentage for Puerto Rico shall be 75 per centum; "(b) the allotment percentages shall be promulgated by the Sur- geon General between July 1 and August 31 of each even-numbered year, on the basis of the average of the per capita incomes of the 1046 [60 STAT.

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