§ 291e. Projects for construction or modernization
(a)
Application; contents
For each project pursuant to a State plan approved under this part, there shall be submitted to the Surgeon General, through the State agency, an application by the State or a political subdivision thereof or by a public or other nonprofit agency. If two or more such agencies join in the project, the application may be filed by one or more of such agencies. Such application shall set forth—
(2)
plans and specifications therefor, in accordance with regulations prescribed under section
291c of this title;
(3)
reasonable assurance that title to such site is or will be vested in one or more of the agencies filing the application or in a public or other nonprofit agency which is to operate the facility on completion of the project;
(4)
reasonable assurance that adequate financial support will be available for the completion of the project and for its maintenance and operation when completed;
(5)
reasonable assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of construction or modernization on the project will be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with sections
3141–3144,
3146, and
3147 of title
40; and the Secretary of Labor shall have with respect to the labor standards specified in this paragraph the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and section
3145 of title
40; and
(b)
Approval by Surgeon General; requisites; additional approval by Secretary of Health and Human Services
The Surgeon General shall approve such application if sufficient funds to pay the Federal share of the cost of such project are available from the appropriate allotment to the State, and if the Surgeon General finds
(1)
that the application contains such reasonable assurance as to title, financial support, and payment of prevailing rates of wages;
(2)
that the plans and specifications are in accord with the regulations prescribed pursuant to section
291c of this title;
(3)
that the application is in conformity with the State plan approved under section
291d of this title and contains an assurance that in the operation of the project there will be compliance with the applicable requirements of the regulations prescribed under section
291c
(e) of this title, and with State standards for operation and maintenance; and
(4)
that the application has been approved and recommended by the State agency, opportunity has been provided, prior to such approval and recommendation, for consideration of the project by the public or nonprofit private agency or organization which has developed the comprehensive regional, metropolitan area, or other local area plan or plans referred to in section
246
(b) of this title covering the area in which such project is to be located or, if there is no such agency or organization, by the State agency administering or supervising the administration of the State plan approved under section
246
(a) of this title, and the application is for a project which is entitled to priority over other projects within the State in accordance with the regulations prescribed pursuant to section
291c
(a) of this title. Notwithstanding the preceding sentence, the Surgeon General may approve such an application for a project for construction or modernization of a rehabilitation facility only if it is also approved by the Secretary of Health and Human Services.
(c)
Opportunity for hearing required prior to disapproval
No application shall be disapproved until the Surgeon General has afforded the State agency an opportunity for a hearing.
(d)
Amendments subject to same approval as original applications
Amendment of any approved application shall be subject to approval in the same manner as an original application.
(e)
Outpatient facilities; requirements of applicants
Notwithstanding any other provision of this subchapter, no application for an outpatient facility shall be approved under this section unless the applicant is
(2)
a corporation or association which owns and operates a nonprofit hospital (as defined in section
291o of this title) or which provides reasonable assurance that the services of a general hospital will be available to patients of such facility who are in need of hospital care.