42 U.S.C. § 2651 — Recovery by United States

Page 5613 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2651 (2) to the heads of the departments, agen- cies, and instrumentalities of the Federal Gov- ernment responsible for the administration of laws authorizing Federal financial assistance to public works projects of State and local governments. (c) Grants-in-aid; law governing; amount of Fed- eral contributions All grants-in-aid made from allocations made by the President under this section shall be made by the head of the department, agency, or instrumentality of the Federal Government ad- ministering the law authorizing such grants, and, except as otherwise provided in this sub- section, shall be made in accordance with all of the provisions of such law except (1) provisions requiring allocation of funds among the States, and (2) limitations upon the total amount of such grants for any period. Notwithstanding any provisions of such law requiring the Federal contribution to the State or local government involved to be less than a fixed portion of the cost of a project, grants-in-aid may be made under authority of this section which bring the total of all Federal contributions to such project up to 50 per centum of the cost of such project, or up to 75 per centum of the cost of such project if the State or local government does not have economic and financial capacity to assume all of the additional financial obligations required. (d) Authorization of appropriations There is authorized to be appropriated not to exceed $900,000,000 to be allocated by the Presi- dent in accordance with subsection (b) of this section, except that not less than $300,000,000 shall be allocated for public works projects in areas designated by the Secretary of Commerce as redevelopment areas under subsection (b) of section 2504 of this title. (e) Rules and regulations; considerations The President shall prescribe rules, regula- tions, and procedures to carry out this section which will assure that adequate consideration is given to the relative needs of eligible areas. In prescribing such rules, regulations, and proce- dures the President shall consider among other relevant factors (1) the severity of the rates of unemployment in the eligible areas and the du- ration of such unemployment and (2) the income levels of families and the extent of under- employment in eligible areas. (f) Restrictions on allocated funds Funds allocated by the President under this section shall be available only for projects— (1) which can be initiated or accelerated within a reasonably short period of time; (2) which will meet an essential public need; (3) a substantial portion of which can be completed within twelve months after initi- ation or acceleration; (4) which will contribute significantly to the reduction of local unemployment; (5) which are not inconsistent with locally approved comprehensive plans for the jurisdic- tion affected, wherever such plans exist. (g) Limit on allocations available for projects in any one State Not more than 10 per centum of all amounts allocated by the President under this section shall be made available for public works projects within any one State. (h) Criteria determining substantial unemploy- ment The criteria to be used by the Secretary of Labor in determining areas of substantial unem- ployment for the purposes of paragraph (1) of subsection (a) of this section shall be the cri- teria established in section 6.3 of title 29 of the Code of Federal Regulations as in effect May 1, 1962. (Pub. L. 87–658, § 3, Sept. 14, 1962, 76 Stat. 542.) Editorial Notes REFERENCES IN TEXT Section 2504 of this title, referred to in subsecs. (a) and (d), was omitted from the Code. Executive Documents EXECUTIVE ORDER NO. 11049 Ex. Ord. No. 11049, Sept. 14, 1962, 27 F.R. 9203, which provided for implementation of public works accelera- tion program, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. § 2643. Increase of State or local expenditures (a) No part of any allocation made by the President under this chapter shall be made available during any fiscal year to any State or local government for any public works project, unless the proposed or planned total expenditure (exclusive of Federal funds) of such State or local government during such fiscal year for all its capital improvement projects is increased by an amount approximately equal to the non-Fed- eral funds required to be made available for such public works project. (b) No part of any allocation made by the President under this chapter shall be made available for any planning or construction, di- rectly or indirectly, of any school or other edu- cational facility. (Pub. L. 87–658, § 4, Sept. 14, 1962, 76 Stat. 543.) CHAPTER 32—THIRD PARTY LIABILITY FOR HOSPITAL AND MEDICAL CARE Sec. 2651. Recovery by United States. 2652. Regulations. 2653. Limitation or repeal of other provisions for recovery of hospital and medical care costs. § 2651. Recovery by United States (a) Conditions; exceptions; persons liable; amount of recovery; subrogation; assignment In any case in which the United States is au- thorized or required by law to furnish or pay for hospital, medical, surgical, or dental care and treatment (including prostheses and medical ap- pliances) to a person who is injured or suffers a disease, after the effective date of this Act, under circumstances creating a tort liability upon some third person (other than or in addi- tion to the United States and except employers of seamen treated under the provisions of sec- tion 249 of this title) to pay damages therefor, the United States shall have a right to recover Page 5614 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2651 (independent of the rights of the injured or dis- eased person) from said third person, or that person’s insurer, the reasonable value of the care and treatment so furnished, to be furnished, paid for, or to be paid for and shall, as to this right be subrogated to any right or claim that the injured or diseased person, his guardian, per- sonal representative, estate, dependents, or sur- vivors has against such third person to the ex- tent of the reasonable value of the care and treatment so furnished, to be furnished, paid for, or to be paid for. The head of the department or agency of the United States furnishing such care or treatment may also require the injured or diseased person, his guardian, personal rep- resentative, estate, dependents, or survivors, as appropriate, to assign his claim or cause of ac- tion against the third person to the extent of that right or claim. (b) Recovery of cost of pay for member of uni- formed services unable to perform duties If a member of the uniformed services is in- jured, or contracts a disease, under cir- cumstances creating a tort liability upon a third person (other than or in addition to the United States and except employers of seamen referred to in subsection (a)) for damages for such injury or disease and the member is unable to perform the member’s regular military duties as a result of the injury or disease, the United States shall have a right (independent of the rights of the member) to recover from the third person or an insurer of the third person, or both, the amount equal to the total amount of the pay that ac- crues and is to accrue to the member for the pe- riod for which the member is unable to perform such duties as a result of the injury or disease and is not assigned to perform other military duties. (c) United States deemed third party beneficiary under alternative system of compensation (1) If, pursuant to the laws of a State that are applicable in a case of a member of the uni- formed services who is injured or contracts a disease as a result of tortious conduct of a third person, there is in effect for such a case (as a substitute or alternative for compensation for damages through tort liability) a system of compensation or reimbursement for expenses of hospital, medical, surgical, or dental care and treatment or for lost pay pursuant to a policy of insurance, contract, medical or hospital service agreement, or similar arrangement, the United States shall be deemed to be a third-party bene- ficiary of such a policy, contract, agreement, or arrangement. (2) For the purposes of paragraph (1)— (A) the expenses incurred or to be incurred by the United States for care and treatment for an injured or diseased member as described in subsection (a) shall be deemed to have been incurred by the member; (B) the cost to the United States of the pay of the member as described in subsection (b) shall be deemed to have been pay lost by the member as a result of the injury or disease; and (C) the United States shall be subrogated to any right or claim that the injured or diseased member or the member’s guardian, personal representative, estate, dependents, or sur- vivors have under a policy, contract, agree- ment, or arrangement referred to in paragraph (1) to the extent of the reasonable value of the care and treatment and the total amount of the pay deemed lost under subparagraph (B). (d) Enforcement procedure; intervention; joinder of parties; State or Federal court pro- ceedings The United States may, to enforce a right under subsections (a), (b), and (c) (1) intervene or join in any action or proceeding brought by the injured or diseased person, his guardian, per- sonal representative, estate, dependents, or sur- vivors, against the third person who is liable for the injury or disease or the insurance carrier or other entity responsible for the payment or re- imbursement of medical expenses or lost pay; or (2) if such action or proceeding is not com- menced within six months after the first day in which care and treatment is furnished or paid for by the United States in connection with the injury or disease involved, institute and pros- ecute legal proceedings against the third person who is liable for the injury or disease or the in- surance carrier or other entity responsible for the payment or reimbursement of medical ex- penses or lost pay, in a State or Federal court, either alone (in its own name or in the name of the injured person, his guardian, personal rep- resentative, estate, dependents, or survivors) or in conjunction with the injured or diseased per- son, his guardian, personal representative, es- tate, dependents, or survivors. (e) Veterans’ exception The provisions of this section shall not apply with respect to hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) furnished by the De- partment of Veterans Affairs to an eligible vet- eran for a service-connected disability under the provisions of chapter 17 of title 38. (f) Crediting of amounts recovered (1) Any amount recovered under this section for medical care and related services furnished by a military medical treatment facility or similar military activity shall be credited to the appropriation or appropriations supporting the operation of that facility or activity, as deter- mined under regulations prescribed by the Sec- retary of Defense. (2) Any amount recovered under this section for the cost to the United States of pay of an in- jured or diseased member of the uniformed serv- ices shall be credited to the appropriation that supports the operation of the command, activ- ity, or other unit to which the member was as- signed at the time of the injury or illness, as de- termined under regulations prescribed by the Secretary concerned. (g) Definitions For the purposes of this section: (1) The term ‘‘uniformed services’’ has the meaning given such term in section 101 of title 10. (2) The term ‘‘tortious conduct’’ includes any tortious omission. (3) The term ‘‘pay’’, with respect to a mem- ber of the uniformed services, means basic Page 5615 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2652 pay, special pay, and incentive pay that the member is authorized to receive under title 37 or any other law providing pay for service in the uniformed services. (4) The term ‘‘Secretary concerned’’ means— (A) the Secretary of Defense, with respect to the Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard (when it is operating as a service in the Navy); (B) the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy; (C) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and (D) the Secretary of Commerce, with re- spect to the commissioned corps of the Na- tional Oceanic and Atmospheric Administra- tion. (Pub. L. 87–693, § 1, Sept. 25, 1962, 76 Stat. 593; Pub. L. 102–54, § 13(q)(8), June 13, 1991, 105 Stat. 281; Pub. L. 104–201, div. A, title X, § 1075(a), (b), Sept. 23, 1996, 110 Stat. 2661, 2663; Pub. L. 109–241, title IX, § 902(m), July 11, 2006, 120 Stat. 568.) Editorial Notes REFERENCES IN TEXT Effective date of this Act, referred to in subsec. (a), is the first day of the fourth month following Sep- tember 1962, see section 4 of Pub. L. 87–693 set out as an Effective Date note below. AMENDMENTS 2006—Subsec. (g)(4)(B). Pub. L. 109–241 substituted ‘‘of Homeland Security,’’ for ‘‘of Transportation,’’. 1996—Subsec. (a). Pub. L. 104–201, § 1075(b)(1), inserted ‘‘(independent of the rights of the injured or diseased person)’’ after ‘‘a right to recover’’ and ‘‘, or that per- son’s insurer,’’ after ‘‘from said third person’’. Pub. L. 104–201, § 1075(a)(1), (2), inserted ‘‘or pay for’’ after ‘‘required by law to furnish’’ and substituted ‘‘, to be furnished, paid for, or to be paid for’’ for ‘‘or to be furnished’’ in two places. Subsecs. (b), (c). Pub. L. 104–201, § 1075(a)(3), added subsecs. (b) and (c). Former subsecs. (b) and (c) redesig- nated (d) and (e), respectively. Subsec. (d). Pub. L. 104–201, § 1075(a)(4), (b)(2), sub- stituted ‘‘a right under subsections (a), (b), and (c)’’ for ‘‘such right,’’ in introductory provisions, inserted ‘‘or paid for’’ after ‘‘treatment is furnished’’ in par. (2), and inserted ‘‘or the insurance carrier or other entity re- sponsible for the payment or reimbursement of medical expenses or lost pay’’ after ‘‘the third person who is lia- ble for the injury or disease’’ in pars. (1) and (2). Pub. L. 104–201, § 1075(a)(2), redesignated subsec. (b) as (d). Subsec. (e). Pub. L. 104–201, § 1075(a)(2), redesignated subsec. (c) as (e). Subsecs. (f), (g). Pub. L. 104–201, § 1075(a)(5), added sub- secs. (f) and (g). 1991—Subsec. (c). Pub. L. 102–54 substituted ‘‘Depart- ment of Veterans Affairs’’ for ‘‘Veterans’ Administra- tion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–201, div. A, title X, § 1075(c), Sept. 23, 1996, 110 Stat. 2663, provided that: ‘‘The authority to collect pursuant to the amendments made by this section [amending this section] shall apply to expenses de- scribed in the first section of Public Law 87–693 [this section] (as amended by this section) that are incurred, or are to be incurred, by the United States on or after the date of the enactment of this Act [Sept. 23, 1996], whether the event from which the claim arises occurs before, on, or after that date.’’ EFFECTIVE DATE Pub. L. 87–693, § 4, Sept. 25, 1962, 76 Stat. 594, provided that: ‘‘This Act [enacting this chapter] becomes effec- tive on the first day of the fourth month following the month [September 1962] in which enacted.’’ SHORT TITLE Pub. L. 87–693, Sept. 25, 1962, 76 Stat. 593, which is classified generally to this chapter, is popularly known as the ‘‘Federal Medical Care Recovery Act’’. § 2652. Regulations (a) Determination and establishment of reason- able value of care and treatment The President may prescribe regulations to carry out this chapter, including regulations with respect to the determination and establish- ment of the reasonable value of the hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) furnished or to be furnished. (b) Settlement, release and waiver of claims To the extent prescribed by regulations under subsection (a), the head of the department or agency of the United States concerned may (1) compromise, or settle and execute a release of, any claim which the United States has by virtue of the right established by section 2651 of this title; or (2) waive any such claim, in whole or in part, for the convenience of the Government, or if he determines that collection would result in undue hardship upon the person who suffered the injury or disease resulting in care or treatment described in section 2651 of this title. (c) Damages recoverable for personal injury un- affected No action taken by the United States in con- nection with the rights afforded under this legis- lation shall operate to deny to the injured per- son the recovery for that portion of his damage not covered hereunder. (Pub. L. 87–693, § 2, Sept. 25, 1962, 76 Stat. 593.) Executive Documents EX. ORD. NO. 11060. DELEGATION OF AUTHORITY TO PRESCRIBE REGULATIONS Ex. Ord. No. 11060, Nov. 7, 1962, 27 F.R. 10925, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: Under and by virtue of the authority vested in me by Title 3 of the United States Code and by Section 2(a) of the Act of September 25, 1962 (Public Law 87–693) [sub- sec. (a) of this section], it is hereby ordered as follows: SECTION 1. The Director of the Office of Management and Budget shall, for the purposes of the Act of Sep- tember 25, 1962, [this chapter], from time to time, de- termine and establish rates that represent the reason- able value of hospital, medical, surgical, or dental care and treatment (including prostheses and medical appli- ances) furnished or to be furnished. SEC. 2. Except as provided in Section 1 of this order, the Attorney General shall prescribe regulations to carry out the purposes of the Act of September 25, 1962 [this chapter].