US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 238l

Recovery

(a)

Right of United States to recover base amount plus interest

42 U.S.C. 2689If any facility with respect to which funds have been paid under the Community Mental Health Centers Act [ et seq.] (as such Act was in effect prior to ) is, at any time within twenty years after the completion of remodeling, construction, or expansion or after the date of its acquisition—
(1)
42 U.S.C. 2689j sold or transferred to any entity (A) which would not have been qualified to file an application under section 222 of such Act [] (as such section was in effect prior to ) or (B) which is disapproved as a transferee by the State mental health agency or by another entity designated by the chief executive officer of the State, or
(2)
ceases to be used by a community mental health center in the provision of comprehensive mental health services,
the United States shall be entitled to recover from the transferor, transferee, or owner of the facility, the base amount prescribed by subsection (c)(1) plus the interest (if any) prescribed by subsection (c)(2).
(b)

Notice of sale, transfer, or change

The transferor and transferee of a facility that is sold or transferred as described in subsection (a)(1), or the owner of a facility the use of which changes as described in subsection (a)(2), shall provide the Secretary written notice of such sale, transfer, or change within 10 days after the date on which such sale, transfer, or cessation of use occurs or within 30 days after , whichever is later.

(c)

Base amount; interest

(1)
The base amount that the United States is entitled to recover under subsection (a) is the amount bearing the same ratio to the then value (as determined by the agreement of the parties or in an action brought in the district court of the United States for the district in which the facility is situated) of so much of the facility as constituted an approved project or projects as the amount of the Federal participation bore to the cost of the remodeling, construction, expansion, or acquisition of the project or projects.
(2)
(A)
The interest that the United States is entitled to recover under subsection (a) is the interest for the period (if any) described in subparagraph (B) at a rate (determined by the Secretary) based on the average of the bond equivalent rates of ninety-one-day Treasury bills auctioned during that period.
(B)
The period referred to in subparagraph (A) is the period beginning—
(i)
if notice is provided as prescribed by subsection (b), 191 days after the date on which such sale, transfer, or cessation of use occurs, or
(ii)
if notice is not provided as prescribed by subsection (b), 11 days after such sale, transfer, or cessation of use occurs,
and ending on the date the amount the United States is entitled to recover is collected.
(d)

Waiver of recovery rights

The Secretary may waive the recovery rights of the United States under subsection (a) with respect to a facility (under such conditions as the Secretary may establish by regulation) if the Secretary determines that there is good cause for waiving such rights.

(e)

Pre-judgment lien

The right of recovery of the United States under subsection (a) shall not, prior to judgment, constitute a lien on any facility.

July 1, 1944, ch. 373Pub. L. 88–164, title II, § 225Pub. L. 94–63, title III, § 30389 Stat. 326Pub. L. 95–622, title I, § 110(c)92 Stat. 3420Pub. L. 97–35, title IX, § 902(e)(2)(A)95 Stat. 560Pub. L. 98–24, § 2(a)(1)97 Stat. 176Pub. L. 99–129, title II, § 226(a)99 Stat. 546Pub. L. 99–660, title III, § 311(a)100 Stat. 3755Pub. L. 100–607, title II, § 201(1)102 Stat. 3062Pub. L. 100–690, title II, § 2620(a)102 Stat. 4244Pub. L. 101–381, title I, § 101(1)104 Stat. 576Pub. L. 102–229, title II, § 208105 Stat. 1716Pub. L. 102–239, § 1105 Stat. 1912Pub. L. 103–43, title XX, § 2010(a)(1)107 Stat. 213(, title II, § 243, formerly title V, § 515, formerly , as added , , ; amended , , ; renumbered title V, § 515, and amended , , ; renumbered title XXI, § 2115, , , ; , , ; renumbered title XXIII, § 2315, , , ; renumbered title XXV, § 2513, , (3), , , 3063; renumbered title XXVI, § 2613, , , ; renumbered title XXVII, § 2713, , (2), , ; , , ; , , ; renumbered title II, § 243, –(3), , .)

Editorial Notes

References in Text

Pub. L. 88–164Pub. L. 94–63, title III, § 30389 Stat. 309Pub. L. 97–35, title IX, § 902(e)(2)(B)95 Stat. 560section 2689j of this titleThe Community Mental Health Centers Act, referred to in subsec. (a), is title II of , as added by , , , and amended, which was classified principally to subchapter III (§ 2689 et seq.) of chapter 33 of this title prior to its repeal by , , . Section 222 of the Community Mental Health Centers Act was classified to prior to its repeal.

Codification

section 300aaa–12 of this titlePub. L. 103–43section 300cc–14 of this titlePub. L. 100–607section 300aa–14 of this titlePub. L. 99–660section 229d of this titlePub. L. 98–24section 2689m of this titlePub. L. 97–35Section was classified to prior to renumbering by , to prior to renumbering by , to prior to renumbering by , to prior to renumbering by , and to prior to renumbering by .

Amendments

Pub. L. 102–229Pub. L. 102–2391991—Subsec. (d). and amended subsec. (d) identically, substituting “subsection (a)” for “subsection (a)(2)”.

Pub. L. 99–1291985— amended section generally. Prior to amendment, section read as follows: “If any facility of a community mental health center acquired, remodeled, constructed, or expanded with funds provided under the Community Mental Health Centers Act is, at any time within twenty years after the completion of such remodeling, construction, or expansion or after the date of its acquisition with such funds—

“(1) sold or transferred to any person or entity (A) which is not qualified to file an application under section 222 of the Community Mental Health Centers Act, or (B) which is not approved as a transferee by the State agency of the State in which such facility is located, or its successor; or

“(2) not used by a community mental health center in the provision of comprehensive mental health services, and the Secretary has not determined that there is good cause for termination of such use,

the United States shall be entitled to recover from either the transferor or the transferee in the case of a sale or transfer or from the owner in the case of termination of use an amount bearing the same ratio to the then value (as determined by the agreement of the parties or by action brought in the United States district court for the district in which the center is situated) of so much of such facility or center as constituted an approved project or projects, as the amount of the Federal participation bore to the acquisition, remodeling, construction, or expansion cost of such project or projects. Such right of recovery shall not constitute a lien upon such facility or center prior to judgment.”

Pub. L. 97–35section 2689j of this title1981— substituted “the Community Mental Health Centers Act” for “this subchapter” and “section 222 of the Community Mental Health Centers Act” for “”.

Pub. L. 95–6221978— substituted “this subchapter” for “this part”.

Statutory Notes and Related Subsidiaries

Effective Date of 1985 Amendment

Pub. L. 99–129, title II, § 226(b)99 Stat. 547

42 U.S.C. 238l“In the case of any facility that was or is constructed, remodeled, expanded, or acquired on or before the date of enactment of this Act [] or within 180 days after the date of enactment of this Act, the period described in clause (i) or (ii), as the case may be, of section 2115(c)(2)(B) [now 243(c)(2)(B)] of the Public Health Service Act [(c)(2)(B)(i), (ii)] (as amended by subsection (a) of this section) shall begin no earlier than 181 days after the date of enactment of this Act.”
, , , provided that:

Effective Date of 1981 Amendment

Pub. L. 97–35, title IX, § 902(h)95 Stat. 561

lll“The amendments made by this section [amending this section and sections 201, 225a [now 238d], 229b [now 238j], 243, 246, 289k–1, 300d–4, 300d–6, 300–2, 300m, 300m–3, 9412, and 9511 of this title, repealing sections 247b–1, 247b–2, 255, 300d to 300d–3, 300d–5, 300d–7 to 300d–9, 300d–21, 2689 to 2689, 2689n to 2689p, 2689r to 2689aa, 9411, 9421 to 9423, 9431 to 9438, 9451, 9452, 9461 to 9465, 9471 to 9473, 9481, 9491 to 9493, 9502, 9512, 9521, and 9523 of this title, repealing provisions set out as notes under sections 246 and 2689 of this title, and transferring section 2689m to section 229d [now 238] of this title] shall take effect .”
, , , provided that:

Effective Date of 1978 Amendment

Pub. L. 95–622, title I, § 110(c)92 Stat. 3420, , , provided that the amendment made by that section is effective .

Effective Date

section 608 of Pub. L. 94–63section 247b of this titleSection effective , see , set out as an Effective Date of 1975 Amendment note under .

Other Legal Rights of United States Not Adversely Affected by 1985 Amendment

Pub. L. 99–129, title II, § 226(c)99 Stat. 547

“The amendments made by subsection (a) of this section [amending this section] shall not adversely affect other legal rights of the United States.”
, , , provided that: