Page:United States Statutes at Large Volume 102 Part 1.djvu/960

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 S T A T. 9 2 2

P U B L I C L A W 1 0 0 - 3 8 6 — A U G. 10, 1988

" The Secretary may modify the criteria established i n regulations issued under this paragraph only after affording public notice and a n opportunity for c o m m e n t on any such proposed modifications.". (d) REQUIREMENT OF F E E S CONSISTENT W I T H LOCALLY P R E V A I L I N G

RATES.—Section 330(e)(3)(F)(i) (42 U.S.C. 254c(e)(3)(F)(i)) is amended— (1) by inserting after "provision of its services" the following: "consistent with locally prevailing r a t e s or charges and "; and (2) by inserting " has p r e p a r e d " after "operation and ". (e) AUTHORITY W I T H RESPECT TO E X P A N S I O N A N D CONSTRUCTION O F

Grants.

(1) Section 330 (42 U.S.C. 254c) is amended— (A) in the second sentence of subsection (c)(1), by striking "acquisition and modernization of existing buildings" and inserting "acquisition, expansion, and modernization of existing buildings and construction of new buildings"; (B) in the m a t t e r after and below subsection (d)(l)(C)(iii), by striking "acquisition and modernization of existing buildings" and inserting "acquisition, expansion, and modernization of existing buildings, construction of new buildings,"; (C) in subsection (d)(2), by striking "acquiring and modernizing existing buildings" and inserting "acquiring, expanding, and modernizing existing buildings and cons t r u c t i n g new buildings"; and (D) in subsection (d)(4)(B)(ii)(III), by striking "construct and m o d e r n i z e " and inserting "construct, expand, and modernize". (2) Section 330(e) (42 U.S.C. 254c(e)) is amended by adding a t the end the following: "(6) The Secretary may m a k e a g r a n t under subsection (c) or (d) for the construction of n e w buildings for a community health center only if the Secretary determine s that a p p r o p r i a t e facilities a r e not available through acquiring, modernizing, or e x p and i n g existing buildings and that the e n t i t y to which the g r a n t will be m a d e has m a d e reasonable efforts to secure from other sources funds, in lieu of the g r a n t, to construct such facilities.". (f) A M O UNT OF G R A N T S FOR COSTS O F OPERATION. —

(1) Section 330(d)(4)(A)(i) (42 U.S.C. 254c(d)(4)(A)(i)) is amended to read as follows: "(i) State, local, and other operational funding, and ". (2) Section 330(d)(4)(B) (42 U.S.C. 254c(d)(4)(B)) is amended by striking out " may r e t a i n such a n a m o u n t (equal to not less than one-half of the a m o u n t by which such s u m exceeded such costs) as the center c and e m o n s t r a t e to the satisfaction of the Secretary will be used to enable the center " in the m a t t e r immediately following clause (ii) and inserting i n lieu thereof "shall be entitled to r e t a i n the additional a m o u n t of fees, p r e m i u m s, and other t h i r d party reimbursements a s the center will u s e ". (g) ADMINISTRATION OF P R O G R A M S. — S e c t i o n 330 (42 U.S.C. 254c) is Grants. Contracts.

amended by adding a t the end the following: "(j) The Secretary may delegate the authority to a d m i n i s t e r the program s authorized by this section to any office within the Service, except that the authority to enter into, modify, or issue approvals with respect to g r a n t s or contracts may be delegated only within the c e n t r a l office of the Health Resources and Services Administration.".