Page:United States Statutes at Large Volume 88 Part 2.djvu/945

 88 STAT. ]

PUBLIC LAW 93-641-JAN. 4, 1975

2261

" (F) the type of assistance being sought under this title for the project; " (G) except in the case of a project under section 1625, a certitication by the State Agency of the Federal share for the project; " (H) reasonable assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of work on a project will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (40 U.S.C. 276a—276a-5, known as the Davis-Bacon Act), J^^ use 276a and the Secretary of Labor shall have with respect to such labor standards the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. Appendix) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c); " (I) in the cast of a project for the construction or modernization of an outpatient facility, reasonable assurance that the services of a general hospital will be available to patients at such facility who are in need of hospital care; and " (J) reasonable assurance that at all times after such application is approved- (i) the facility or portion thereof to be constructed, or modernized, or converted w-ill be made available to all persons residing or employed in the area served by the facility, and (ii) there will be made available in the facility or portion thereof to be constructed, modernized, or converted a reasonable volume of services to persons unable to pay therefor and the Secretary, in determining the reasonableness of the volume of services provided, shall take into consideration the extent to which compliance is feasible from a financial viewpoint. "(2)(A) The Secretary may waive— waiver. "(i) the requirements of subparagraph (C) of paragraph (1) for compliance with modernization and equipment standards prescribed pursuant to section 1602(a)(2), and "(ii) the requirement of subparagrap]i (D) of paragraph (1) respecting title to a project site, in the case of an application for a project described in subparagraph " (B) A project referred to in subparagraph (A) is a project— " (i) for the modernization of an outpatient medical facility which will provide general purpose health services, which is not part of a hospital, and which will serve a medically underserved population as defined in section 1633 or as designated by a health systems agency, and "(ii) for which the applicant seeks (I) not more than $20,000 from the allotments made under part B to the State in which it is located, or ( II) a loan under part C the principal amount of which does not exceed $20,000. "(c) The Secretary shall approve an application submitted under subsection (b) (other than an application for a grant under section 1625) if— "(1) in the case of a project to be assisted from an allotment made under part B, there are sufficient funds in such allotment to pay the Federal share of the project; and "(2) the Secretary finds that— " (A) the application (i) is in conformity with the State medical facilities plan approved under section 1603, (ii) has been approved and recommended by the State Agency, (iii) is for a project which is entitled to priority over other projects within the State as determined in accordance with the

3R.1C)4 n - 7R - fin Pt 9.

^°^'' P- 2262. ^°^^- P- 2264.

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