PUBLIC LAW 101-190—NOV. 29, 1989 103 STAT. 1695 j^^ (B) For purposes of subparagraph (A)(i), fair market value Z:r' shall be determined through— (i) an agreement entered into by the United States and the entity from whom the United States is seeking recovery under subsection (a); or (ii) an action brought in the district court of the United States for the district in which the facilities involved are located. (2) INTEREST. — (A) The amount referred to in paragraph (2) of subsection (a) is an amount representing interest on the amount deter- mined under paragraph (1). Such interest shall accrue during the period described in subparagraph (B) and shall accrue at a rate determined by the Secretary on the basis of the average of the bond equivalent of the weekly 90-day Treasury bill auction rate. (B) The period referred to in subparagraph (A) is the period— (i) beginning on the date of the violation of the obligation under section 2, or if the entity involved provides notice to the Secretary of the violation not later than 10 days after the date of the violation, beginning on the expiration of the 180-day period beginning on the date that the notice is received by the Secretary; and (ii) ending on the date on which the United States collects the amount determined under paragraph (1). (c) WAIVER OF RECOVERY RIGHTS. — The Secretary may waive, in whole or in part, the right of the United States to recover amounts under this section for good cause shown, as determined by the Secretary. (d) CLARIFICATION WITH RESPECT TO LIEN ON FACILITIES.— The right of recovery of the United States under subsection (a) shall not constitute a lien on the facilities involved with respect to which such recovery is sought. SEC. 7. DEFINITION. 42 USC 289e For purposes of this Act, the term "Secretary" means the Sec- retary of Health and Human Services. SEC. 8. TECHNICAL AMENDMENT WITH RESPECT TO AUTHORITY FOR CONSTRUCTION OF FACILITIES. Section 496 of the Public Health Service Act (42 U.S.C. 289e) is amended— (1) by striking the first sentence; (2) by inserting "(a)" after the section designation; and (3) by adding at the end the following new subsection: "(b)(1) None of the amounts appropriated under this Act for the purposes of this title may be obligated for the construction of facilities (including the acquisition of land) unless a provision of this title establishes express authority for such purpose and unless the Act making appropriations under such provision specifies that the amounts appropriated are available for such purpose.
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