§ 291b. State allotments
(a) Computation for individual States; formulas
for both new construction and moderniza-
tion
(1) Each State shall be entitled for each fiscal
year to an allotment bearing the same ratio to
the sums appropriated for such year pursuant to
subparagraphs (1), (2), and (3), respectively, of
section 291a(a) of this title, and to an allotment
bearing the same ratio to the sums appropriated
for such year pursuant to section 291a(b) of this
title, as the product of—
(A) the population of such State, and
(B) the square of its allotment percentage,
bears to the sum of the corresponding products
for all of the States.
(2) For each fiscal year, the Secretary shall, in
accordance with regulations, make allotments
among the States, from the sums appropriated
for such year under section 291a(c) of this title,
on the basis of the population, the financial
need, and the extent of the need for moderniza-
tion of the facilities referred to in paragraphs
(a) and (b) of section 291a of this title, of the re-
spective States.
(b) Minimum allotments
(1) The allotment to any State under sub-
section (a) for any fiscal year which is less
than—
(A) $50,000 for the Virgin Islands, American
Samoa, the Trust Territory of the Pacific Is-
Page 968
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 291b
lands, or Guam and $100,000 for any other
State, in the case of an allotment for grants
for the construction of public or other non-
profit rehabilitation facilities,
(B) $100,000 for the Virgin Islands, American
Samoa, the Trust Territory of the Pacific Is-
lands, or Guam and $200,000 for any other
State in the case of an allotment for grants for
the construction of public or other nonprofit
outpatient facilities,
(C) $200,000 for the Virgin Islands, Am
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Page 967
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 291b
(2) $70,000,000 for grants for the construc-
tion of public or other nonprofit outpatient
facilities;
(3) $15,000,000 for grants for the construc-
tion of public or other nonprofit rehabilita-
tion facilities;
(b) for grants for the construction of public
or other nonprofit hospitals and public health
centers, $150,000,000 for the fiscal year ending
June 30, 1965, $160,000,000 for the fiscal year
ending June 30, 1966, $170,000,000 for the fiscal
year ending June 30, 1967, $180,000,000 each for
the next two fiscal years, $195,000,000 for the
fiscal year ending June 30, 1970, $147,500,000 for
the fiscal year ending June 30, 1971, $152,500,000
for the fiscal year ending June 30, 1972,
$157,500,000 for the fiscal year ending June 30,
1973, and $41,400,000 for the fiscal year ending
June 30, 1974; and
(c) for grants for modernization of the facili-
ties referred to in paragraphs (a) and (b),
$65,000,000 for the fiscal year ending June 30,
1971, $80,000,000 for the fiscal year ending June
30, 1972, $90,000,000 for the fiscal year ending
June 30, 1973, and $50,000,000 for the fiscal year
ending June 30, 1974.
(July 1, 1944, ch. 373, title VI, § 601, as added Pub.
L. 88–443, § 3(a), Aug. 18, 1964, 78 Stat. 448; amend-
ed Pub. L. 90–574, title IV, § 402(a), Oct. 15, 1968,
82 Stat. 1011; Pub. L. 91–296, title I, §§ 101(a),
102(a), 116(a), June 30, 1970, 84 Stat. 337, 341; Pub.
L. 93–45, title I, § 108(a), June 18, 1973, 87 Stat. 92.)
Editorial Notes
PRIOR PROVISIONS
A prior section 291a, act July 1, 1944, ch. 373, title VI,
§ 611, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041, au-
thorized appropriations for surveys and planning, prior
to the general amendment of this subchapter by Pub.
L. 88–443.
A prior section 291d, act July 1, 1944, ch. 373, title VI,
§ 621, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041;
amended Oct. 25, 1949, ch. 722, § 2(a), 63 Stat. 897; July
27, 1953, ch. 243, 67 Stat. 196; Aug. 2, 1956, ch. 871, title
IV, § 401, 70 Stat. 929; Aug. 14, 1958, Pub. L. 85–664, § 1(a),
72 Stat. 616, related to subject matter similar to this
section, prior to the general amendment of this sub-
chapter by Pub. L. 88–443.
A prior section 291p, act July 1, 1944, ch. 373, title VI,
§ 646, as added July 12, 1954, ch. 471, § 2, 68 Stat. 461, re-
lated to subject matter similar to this section, prior to
the general amendment of this subchapter by Pub. L.
88–443.
A prior section 291s, act July 1, 1944, ch. 373, title VI,
§ 651, as added July 12, 1954, ch. 471, § 3, 68 Stat. 462;
amended Aug. 2, 1956, ch. 871, title IV, § 402, 70 Stat. 929;
Aug. 14, 1958, Pub. L. 85–664, § 1(b), 72 Stat. 616; Oct. 5,
1961, Pub. L. 87–395, § 3(a), 75 Stat. 825, related to subject
matter similar to this section, prior to the general
amendment of this subchapter by Pub. L. 88–443.
AMENDMENTS
1973—Subsec. (a). Pub. L. 93–45, § 108(a)(1), substituted
introductory text reading ‘‘fiscal year ending June 30,
1974’’ for ‘‘fiscal year ending June 30, 1965, and each of
the next eight fiscal years’’ and in cl. (1) ‘‘$20,800,000’’
for ‘‘$85,000,000’’.
Subsec. (b). Pub. L. 93–45, § 108(a)(2), authorized appro-
priations of $41,400,000 for fiscal year ending June 30,
1974.
Subsec. (c). Pub. L. 93–45, § 108(a)(3), authorized appro-
priations of $50,000,000 for fiscal year ending June 30,
1974.
1970—Par. (a). Pub. L. 91–296, §§ 101(a)(1), (2), 116(a),
substituted ‘‘outpatient facilities’’ for ‘‘diagnostic or
treatment centers’’ in enumeration of facilities eligible
for construction grants, extended through fiscal year
ending June 30, 1973, authority to appropriate funds for
construction grants, increased from $70,000,000 to
$85,000,000 annual authority to make grants for public
or other nonprofit facilities for long-term care, from
$20,000,000 to $70,000,000 authority for public or other
nonprofit outpatient facilities, and from $10,000,000 to
$15,000,000 authority for public or other nonprofit reha-
bilitation facilities.
Par. (b). Pub. L. 91–296, §§ 101(a)(3), 102(a)(1), struck
out provisions authorizing grants for modernization of
facilities and inserted provisions authorizing appro-
priation of $147,500,000 for fiscal year ending June 30,
1971, $152,500,000 for fiscal year ending June 30, 1972, and
$157,500,000 for fiscal year ending June 30, 1973, for
grants for construction of public or other nonprofit
hospitals and public health centers.
Par. (c). Pub. L. 91–296, § 102(a)(2), added par. (c).
1968—Par. (a). Pub. L. 90–574, § 402(a)(1), substituted
‘‘next five’’ for ‘‘next four’’.
Par. (b). Pub. L. 90–574, § 402(a)(2), authorized appro-
priation of $195,000,000 for fiscal year ending June 30,
1970.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1970 AMENDMENT
Pub. L. 91–296, title I, § 101(b), June 30, 1970, 84 Stat.
337, provided that: ‘‘The amendments made by sub-
section (a) [amending this section] shall take effect
with respect to appropriations made under such section
601 [42 U.S.C. 291a] for fiscal years beginning after June
30, 1970.’’
Pub. L. 91–296, title I, § 102(a), June 30, 1970, 84 Stat.
337, provided that the amendment made by that section
is effective with respect to appropriations made under
this section for fiscal years beginning after June 30,
1970.
§ 291b. State allotments
(a) Computation for individual States; formulas
for both new construction and moderniza-
tion
(1) Each State shall be entitled for each fiscal
year to an allotment bearing the same ratio to
the sums appropriated for such year pursuant to
subparagraphs (1), (2), and (3), respectively, of
section 291a(a) of this title, and to an allotment
bearing the same ratio to the sums appropriated
for such year pursuant to section 291a(b) of this
title, as the product of—
(A) the population of such State, and
(B) the square of its allotment percentage,
bears to the sum of the corresponding products
for all of the States.
(2) For each fiscal year, the Secretary shall, in
accordance with regulations, make allotments
among the States, from the sums appropriated
for such year under section 291a(c) of this title,
on the basis of the population, the financial
need, and the extent of the need for moderniza-
tion of the facilities referred to in paragraphs
(a) and (b) of section 291a of this title, of the re-
spective States.
(b) Minimum allotments
(1) The allotment to any State under sub-
section (a) for any fiscal year which is less
than—
(A) $50,000 for the Virgin Islands, American
Samoa, the Trust Territory of the Pacific Is-
Page 968
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 291b
lands, or Guam and $100,000 for any other
State, in the case of an allotment for grants
for the construction of public or other non-
profit rehabilitation facilities,
(B) $100,000 for the Virgin Islands, American
Samoa, the Trust Territory of the Pacific Is-
lands, or Guam and $200,000 for any other
State in the case of an allotment for grants for
the construction of public or other nonprofit
outpatient facilities,
(C) $200,000 for the Virgin Islands, American
Samoa, the Trust Territory of the Pacific Is-
lands, or Guam and $300,000 for any other
State in the case of an allotment for grants for
the construction of public or other nonprofit
facilities for long-term care or for the con-
struction of public or other nonprofit hos-
pitals and public health centers, or for the
modernization of facilities referred to in para-
graph (a) or (b) of section 291a of this title, or
(D) $200,000 for the Virgin Islands, American
Samoa, the Trust Territory of the Pacific Is-
lands, or Guam and $300,000 for any other
State in the case of an allotment for grants for
the modernization of facilities referred to in
paragraphs (a) and (b) of section 291a of this
title,
shall be increased to that amount, the total of
the increases thereby required being derived by
proportionately reducing the allotment from ap-
propriations under such subparagraph or para-
graph to each of the remaining States under
subsection (a) of this section, but with such ad-
justments as may be necessary to prevent the
allotment of any of such remaining States from
appropriations under such subparagraph or para-
graph from being thereby reduced to less than
that amount.
(2) An allotment of the Virgin Islands, Amer-
ican Samoa, the Trust Territory of the Pacific
Islands, or Guam for any fiscal year may be in-
creased as provided in paragraph (1) only to the
extent it satisfies the Surgeon General, at such
time prior to the beginning of such year as the
Surgeon General may designate, that such in-
crease will be used for payments under and in
accordance with the provisions of this part.
(c) Allotment percentages; definitions; deter-
mination
For the purposes of this part—
(1) The ‘‘allotment percentage’’ for any State
shall be 100 per centum less that percentage
which bears the same ratio to 50 per centum as
the per capita income of such State bears to the
per capita income of the United States, except
that (A) the allotment percentage shall in no
case be more than 75 per centum or less than
331⁄3 per centum, and (B) the allotment percent-
age for the Commonwealth of Puerto Rico,
Guam, American Samoa, the Trust Territory of
the Pacific Islands, and the Virgin Islands shall
be 75 per centum.
(2) The allotment percentages shall be deter-
mined by the Surgeon General between July 1
and September 30 of each even-numbered year,
on the basis of the average of the per capita in-
comes of each of the States and of the United
States for the three most recent consecutive
years for which satisfactory data are available
from the Department of Commerce, and the
States shall be notified promptly thereof. Such
determination shall be conclusive for each of the
two fiscal years in the period beginning July 1
next succeeding such determination.
(3) The population of the several States shall
be determined on the basis of the latest figures
certified by the Department of Commerce.
(4) The term ‘‘United States’’ means (but only
for purposes of paragraphs (1) and (2)) the fifty
States and the District of Columbia.
(d) Availability of allotments in subsequent years
(1) Any sum allotted to a State, other than the
Virgin Islands, American Samoa, the Trust Ter-
ritory of the Pacific Islands, and Guam for a fis-
cal year under this section and remaining unob-
ligated at the end of such year shall remain
available to such State, for the purpose for
which made, for the next two fiscal years (and
for such years only), in addition to the sums al-
lotted to such State for such purposes for such
next two fiscal years.
(2) Any sum allotted to the Virgin Islands,
American Samoa, the Trust Territory of the Pa-
cific Islands, or Guam for a fiscal year under
this section and remaining unobligated at the
end of such year shall remain available to it, for
the purpose for which made, for the next two fis-
cal years (and for such years only), in addition
to the sums allotted to it for such purpose for
each of such next two fiscal years.
(e) Transfer of allotments
(1) Upon the request of any State that a speci-
fied portion of any allotment of such State
under subsection (a) for any fiscal year be added
to any other allotment or allotments of such
State under such subsection for such year, the
Secretary shall promptly (but after application
of subsection (b)) adjust the allotments of such
State in accordance with such request and shall
notify the State agency; except that the aggre-
gate of the portions so transferred from an allot-
ment for a fiscal year pursuant to this para-
graph may not exceed the amount specified with
respect to such allotment in clause (A), (B), (C),
or (D), as the case may be, of subsection (b)(1)
which is applicable to such State.
(2) In addition to the transfer of portions of al-
lotments under paragraph (1), upon the request
of any State that a specified portion of any al-
lotment of such State under subsection (a),
other than an allotment for grants for the con-
struction of public or other nonprofit rehabilita-
tion facilities, be added to another allotment of
such State under such subsection, other than an
allotment for grants for the construction of pub-
lic or other nonprofit hospitals and public
health centers, and upon simultaneous certifi-
cation to the Secretary by the State agency in
such State to the effect that—
(A) it has afforded a reasonable opportunity
to make applications for the portion so speci-
fied and there have been no approvable appli-
cations for such portion, or
(B) in the case of a request to transfer a por-
tion of an allotment for grants for the con-
struction of public or other nonprofit hos-
pitals and public health centers, use of such
portion as requested by such State agency will
better carry out the purposes of this sub-
chapter,
Page 969
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 291b
the Secretary shall promptly (but after applica-
tion of subsection (b)) adjust the allotments of
such State in accordance with such request and
shall notify the State agency.
(3) In addition to the transfer of portions of al-
lotments under paragraph (1) or (2), upon the re-
quest of any State that a specified portion of an
allotment of such State under paragraph (2) of
subsection (a) be added to an allotment of such
State under paragraph (1) of such subsection for
grants for the construction of public or other
nonprofit hospitals and public health centers,
and upon simultaneous certification by the
State agency in such State to the effect that the
need for new public or other nonprofit hospitals
and public health centers is substantially great-
er than the need for modernization of facilities
referred to in paragraph (a) or (b) of section 291a
of this title, the Secretary shall promptly (but
after application of subsection (b) of this sec-
tion) adjust the allotments of such State in ac-
cordance with such request and shall notify the
State agency.
(4) After adjustment of allotments of any
State, as provided in paragraph (1), (2), or (3) of
this subsection, the allotments as so adjusted
shall be deemed to be the State’s allotments
under this section.
(f) Request by State to transfer portion of allot-
ment
In accordance with regulations, any State may
file with the Surgeon General a request that a
specified portion of an allotment to it under this
part for grants for construction of any type of
facility, or for modernization of facilities, be
added to the corresponding allotment of another
State for the purpose of meeting a portion of the
Federal share of the cost of a project for the
construction of a facility of that type in such
other State, or for modernization of a facility in
such other State, as the case may be. If it is
found by the Surgeon General (or, in the case of
a rehabilitation facility, by the Surgeon General
and the Secretary) that construction or mod-
ernization of the facility with respect to which
the request is made would meet needs of the
State making the request and that use of the
specified portion of such State’s allotment, as
requested by it, would assist in carrying out the
purposes of this subchapter, such portion of such
State’s allotment shall be added to the cor-
responding allotment of the other State, to be
used for the purpose referred to above.
(July 1, 1944, ch. 373, title VI, § 602, as added Pub.
L. 88–443, § 3(a), Aug. 18, 1964, 78 Stat. 448; amend-
ed Pub. L. 90–574, title IV, § 402(b), Oct. 15, 1968,
82 Stat. 1011; Pub. L. 91–296, title I, §§ 103(a), (b),
104, 116(a), 119(a)–(c), 122, June 30, 1970, 84 Stat.
338, 341, 343, 344.)
Editorial Notes
PRIOR PROVISIONS
A prior section 291b, act July 1, 1944, ch. 373, title VI,
§ 612, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041, re-
lated to a State application for funds, its requirements
and its approval, prior to the general amendment of
this subchapter by Pub. L. 88–443.
A prior section 291c, act July 1, 1944, ch. 373, title VI,
§ 624, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1941, re-
lated to subject matter similar to this section, prior to
the general amendment of this subchapter by Pub. L.
88–443.
A prior section 291g, act July 1, 1944, ch. 373, title VI,
§ 624, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041;
amended June 29, 1948, ch. 728, § 1, 62 Stat. 1103; Oct. 25,
1949, ch. 722, §§ 3(b), 7, 63 Stat. 899, 901; Aug. 1, 1956, ch.
852, § 19(c), 70 Stat. 911; Sept. 25, 1962, Pub. L. 87–688,
§ 4(a)(3), 76 Stat. 587, related to subject matter similar
to this section, prior to the general amendment of this
subchapter by Pub. L. 88–443.
A prior section 291i(a) to (d), act July 1, 1944, ch. 373,
title VI, § 631, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat.
1041; amended June 19, 1948, ch. 544, 62 Stat. 531; Aug. 1,
1956, ch. 852, § 19(a), (b), 70 Stat. 911; June 25, 1959, Pub.
L. 86–70, § 31(c), 73 Stat. 149; July 12, 1960, Pub. L. 86–624,
§ 29(d), 74 Stat. 419; Sept. 25, 1962, Pub. L. 87–688, § 4(a)(2),
76 Stat. 587, related to subject matter similar to this
section, prior to the general amendment of this sub-
chapter by Pub. L. 88–443.
A prior section 291n–1, act July 1, 1944, ch. 373, title
VI, § 637, formerly § 654(c), as added July 12, 1954, ch. 471,
§ 3, 68 Stat. 463, renumbered and amended Aug. 14, 1959,
Pub. L. 86–158, title II, § 201, 73 Stat. 349, related to sub-
ject matter similar to this section, prior to the general
amendment of this subchapter by Pub. L. 88–443.
A prior section 291r, act July 1, 1944, ch. 373, title VI,
§ 648, as added July 12, 1954, ch. 471, § 2, 68 Stat. 462, re-
lated to subject matter similar to this section, prior to
the general amendment of this subchapter by Pub. L.
88–443.
A prior section 291t, act July 1, 1944, ch. 373, title VI,
§ 652, as added July 12, 1954, ch. 471, § 3, 68 Stat. 462;
amended Aug. 1, 1956, ch. 852, § 19(c), 70 Stat. 911; Oct.
5, 1961, Pub. L. 87–395, § 3(b), 75 Stat. 825; Sept. 25, 1962,
Pub. L. 87–688, § 4(a)(3), 76 Stat. 587, related to subject
matter similar to this section, prior to the general
amendment of this subchapter by Pub. L. 88–443.
A prior section 291v(b), act July 1, 1944, ch. 373, title
VI, § 654, as added July 12, 1954, ch. 471, § 3, 68 Stat. 463,
related to subject matter similar to this section, prior
to the general amendment of this subchapter by Pub.
L. 88–443.
AMENDMENTS
1970—Subsec. (a)(1). Pub. L. 91–296, § 103(a), sub-
stituted ‘‘sums appropriated for such year’’ for ‘‘new
hospital portion of the sums appropriated for such
year’’ and struck out provision setting out a formula
for determining new hospital portion of sums appro-
priated pursuant to section 291a(b) of this title.
Subsec. (a)(2). Pub. L. 91–296, § 103(a), substituted
‘‘Secretary’’ for ‘‘Surgeon General’’, and substituted
reference to sums appropriated for such year under sec-
tion 291a(c) of this title for reference to remainder of
sums appropriated pursuant to section 291a(b) of this
title (which portion was to be available for grants for
modernization of facilities referred to in paragraphs (a)
and (b) of section 291a of this title).
Subsec. (b)(1)(A). Pub. L. 91–296, §§ 103(b)(1), 119(a)(1),
substituted ‘‘$50,000’’ and ‘‘$100,000’’ for ‘‘$25,000’’ and
‘‘$50,000’’, respectively, and inserted reference to Trust
Territory of the Pacific Islands.
Subsec. (b)(1)(B). Pub. L. 91–296, §§ 103(b)(2), 116(a),
119(a)(1), substituted ‘‘$100,000’’ and ‘‘$200,000’’ for
‘‘$50,000’’ and ‘‘$100,000’’, respectively, substituted ‘‘out-
patient facilities’’ for ‘‘diagnostic or treatment cen-
ters’’, and inserted reference to Trust Territory of the
Pacific Islands.
Subsec. (b)(1)(C). Pub. L. 91–296, §§ 103(b)(3), 119(a)(1),
substituted ‘‘$200,000’’ and ‘‘$300,000’’ for ‘‘$100,000’’ and
‘‘$200,000’’, respectively, and inserted reference to Trust
Territory of the Pacific Islands.
Subsec. (b)(1)(D). Pub. L. 91–296, § 103(b)(4), added sub-
par. (D).
Subsecs. (b)(2), (c)(1). Pub. L. 91–296, § 119(a)(2), (b), in-
serted reference to Trust Territory of the Pacific Is-
lands.
Subsec. (d)(1). Pub. L. 91–296, §§ 119(c), 122, inserted
reference to Trust Territory of the Pacific Islands and
substituted two years for one year as the time span fol-
Page 970
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 291c
lowing a year in which allotted sums remaining unobli-
gated at the end thereof during which such unobligated
funds remain available.
Subsec. (d)(2). Pub. L. 91–296, § 119(c), inserted ref-
erences to Trust Territory of the Pacific Islands.
Subsec. (e). Pub. L. 91–296, § 104, authorized any State
to make transfers of any amount up to the minimum
amount allotted to any state for a particular category
and authorized all amounts above such minimums to be
transferred from one category of assistance to another
without restriction on the amounts with the exception
that no funds could be transferred from rehabilitation
facilities category or to new hospital construction cat-
egory and that all transfers be justified on the basis
that either there are no approvable applications in the
category from which funds are transferred or, in case of
transfers from new hospital construction category, the
purposes of the program would be better served by the
transfer, and authorized transfers to new hospital con-
struction from modernization category if need is great-
er.
1968—Subsec. (a)(1). Pub. L. 90–574, § 402(b)(1), inserted
provision for two-thirds of the sums appropriated in the
case of the fifth fiscal year thereafter.
Subsec. (e)(2)(E). Pub. L. 90–574, § 402(b)(2), added sub-
par. (E).
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ sub-
stituted for ‘‘Secretary of Health, Education, and Wel-
fare’’ in subsecs. (a)(2), (e), and (f) pursuant to section
509(b) of Pub. L. 96–88, which is classified to section
3508(b) of Title 20, Education.
EFFECTIVE DATE OF 1970 AMENDMENT
Pub. L. 91–296, title I, § 103(a), June 30, 1970, 84 Stat.
338, provided that the amendment made by that section
is effective with respect to appropriations made pursu-
ant to section 291a of this title for fiscal years begin-
ning after June 30, 1970.
Pub. L. 91–296, title I, § 103(b), June 30, 1970, 84 Stat.
338, provided that the amendment made by that section
is effective with respect to allotments from appropria-
tions made pursuant to section 291a of this title for fis-
cal years beginning after June 30, 1970.
Pub. L. 91–296, title I, § 104, June 30, 1970, 84 Stat. 338,
provided that the amendment made by that section is
effective with respect to allotments made pursuant to
section 291a of this title for fiscal years beginning after
June 30, 1970.
Pub. L. 91–296, title I, § 119(e), June 30, 1970, 84 Stat.
343, provided that: ‘‘The amendments made by this sec-
tion [amending this section and section 291o of this
title] shall apply with respect to allotments (and
grants therefrom) under part A of title VI of the Public
Health Service Act [42 U.S.C. 291a et seq.] for fiscal
years ending after June 30, 1970, and with respect to
loan guarantees and loans under part B of such title [42
U.S.C. 291j–1 et seq.] made after June 30, 1970.’’
Pub. L. 91–296, title I, § 122, June 30, 1970, 84 Stat. 344,
provided that the amendment made by that section is
effective with respect to allotments made from appro-
priations under section 291a of this title for fiscal years
beginning after June 30, 1970.
AVAILABILITY OF FUNDS FOR OBLIGATION FROM
ALLOTMENT FOR ADMINISTRATION OF PLAN
Pub. L. 93–641, § 5(b), Jan. 4, 1975, 88 Stat. 2274, pro-
vided that any State having in the fiscal year ending
June 30, 1975 or the next fiscal year funds available for
obligation from its allotments under section 291a et
seq. of this title, may in such fiscal year use for the
proper and efficient administration during such year of
its State plan an amount of such funds not exceeding
4 percentum of such funds or $100,000, whichever is less.
ALLOTMENT STUDY; REPORT TO CONGRESS
Pub. L. 91–296, title I, § 103(c), June 30, 1970, 84 Stat.
338, directed Secretary to study effects of the formula
specified in subsec. (a)(1) of this section for allotment
among the States for construction of health facilities,
with results of such study together with recommenda-
tions for change to be reported to Congress on May 15,
1972.
APPROVAL
OF APPLICATION
FOR MODERNIZATION PRIOR
TO JULY 1, 1965, OR BEFORE APPROVAL OF A STATE
PLAN
Pub. L. 88–443, § 3(b)(5), Aug. 18, 1964, 78 Stat. 462, pro-
viding that no application for modernization of any fa-
cility may be approved for purposes of receiving funds
before the approval of a State plan, as well as other re-
quirements, is set out as an Effective Date note under
section 291 of this title.
Executive Documents
TRANSFER OF FUNCTIONS
Office of Surgeon General abolished by section 3 of
Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855,
80 Stat. 1610, and functions thereof transferred to Sec-
retary of Health, Education, and Welfare by section 1 of
Reorg. Plan No. 3 of 1966, set out as a note under sec-
tion 202 of this title. Office of Surgeon General reestab-
lished within the Office of the Assistant Secretary for
Health, see Notice of Department of Health and Human
Services, Office of the Assistant Secretary for Health,
Mar. 30, 1987, 52 F.R. 11754.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Is-
lands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.
§ 291c. General regulations
The Surgeon General, with the approval of the
Federal Hospital Council and the Secretary of
Health and Human Services shall by general reg-
ulations prescribe—
(a) Priority of projects; determination
the general manner in which the State agen-
cy shall determine the priority of projects
based on the relative need of different areas
lacking adequate facilities of various types for
which assistance is available under this part,
giving special consideration—
(1) in the case of projects for the construc-
tion of hospitals, to facilities serving areas
with relatively small financial resources
and, at the option of the State, rural com-
munities;
(2) in the case of projects for the construc-
tion of rehabilitation facilities, to facilities
operated in connection with a university
teaching hospital which will provide an inte-
grated program of medical, psychological,
social, and vocational evaluation and serv-
ices under competent supervision;
(3) in the case of projects for moderniza-
tion of facilities, to facilities serving dense-
ly populated areas;
(4) in the case of projects for construction
or modernization of outpatient facilities, to
any outpatient facility that will be located
in, and provide services for residents of, an
area determined by the Secretary to be a
rural or urban poverty area;
(5) to projects for facilities which, alone or
in conjunction with other facilities, will pro-
vide comprehensive health care, including
outpatient and preventive care as well as
hospitalization;
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
The purpose of this subchapter is—
**(a)** to assist the several States in the carrying out of their programs for the construction and modernization of such public or other nonprofit community hospitals and other medical facilities as may be necessary, in conjunction with existing facilities, to furnish adequate hospital, clinic, or similar services to all their people;
**(b)** to stimulate the development of new or improved types of physical facilities for medical, diagnostic, preventive, treatment, or rehabilitative services; and
**(c)** to promote research, experiments, and demonstrations relating to the effective development and utilization of hospital, clinic, or similar services, facilities, and resources, and to promote the coordination of such research, experiments, and demonstrations and the useful application of their results.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 291a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 291a. Authorization of appropriations
In order to assist the States in carrying out
the purposes of section 291 of this title, there are
authorized to be appropriated—
(a) for the fiscal year ending June 30, 1974—
(1) $20,800,000 for grants for the construc-
tion of public or other nonprofit facilities
for long-term care;
Page 967
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 291b
(2) $70,000,000 for grants for the construc-
tion of public or other nonprofit outpatient
facilities;
(3) $15,000,000 for grants for the construc-
tion of public or other nonprofit rehabilita-
tion facilities;
(b) for grants for the construction of public
or other nonprofit hospitals and public health
centers, $150,000,000 for the fiscal year ending
June 30, 1965, $160,000,000 for the fiscal year
ending June 30, 1966, $170,000,000 for the fiscal
year ending June 30, 1967, $180,000,000 each for
the next two fiscal years, $195,000,000 for the
fiscal year ending June 30, 1970, $147,500,000 for
the fiscal year ending June 30, 1971, $152,500,000
for the fiscal year ending June 30, 1972,
$157,500,000 for the fiscal year ending June 30,
1973, and $41,400,000 for the fiscal year ending
June 30, 1974; and
(c) for grants for modernization of the facili-
ties referred to in paragraphs (a) and (b),
$65,000,000 for the fiscal year ending June 30,
1971, $80,000,000 for the fiscal year ending June
30, 1972, $90,000,000 for the fiscal year ending
June 30, 1973, and $50,000,000 for the fiscal year
ending June 30, 1974.
(July 1, 1944, ch. 373, title VI, § 601, as added Pub.
L. 88–443, § 3(a), Aug. 18, 1964, 78 Stat. 448; amend-
ed Pub. L. 90–574, title IV, § 402(a), Oct. 15, 1968,
82 Stat. 1011; Pub. L. 91–296, title I, §§ 101(a),
102(a), 116(a), June 30, 1970, 84 Stat. 337, 341; Pu
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 291a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
In order to assist the States in carrying out the purposes of [section 291 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291&num=0&edition=prelim), there are authorized to be appropriated—
**(a)** for the fiscal year ending June 30, 1974—
(1) $20,800,000 for grants for the construction of public or other nonprofit facilities for long-term care;
(2) $70,000,000 for grants for the construction of public or other nonprofit outpatient facilities;
(3) $15,000,000 for grants for the construction of public or other nonprofit rehabilitation facilities;
**(b)** for grants for the construction of public or other nonprofit hospitals and public health centers, $150,000,000 for the fiscal year ending June 30, 1965, $160,000,000 for the fiscal year ending June 30, 1966, $170,000,000 for the fiscal year ending June 30, 1967, $180,000,000 each for the next two fiscal years, $195,000,000 for the fiscal year ending June 30, 1970, $147,500,000 for the fiscal year ending June 30, 1971, $152,500,000 for the fiscal year ending June 30, 1972, $157,500,000 for the fiscal year ending June 30, 1973, and $41,400,000 for the fiscal year ending June 30, 1974; and
**(c)** for grants for modernization of the facilities referred to in paragraphs (a) and (b), $65,000,000 for the fiscal year ending June 30, 1971, $80,000,000 for the fiscal year ending June 30, 1972, $90,000,000 for the fiscal year ending June 30, 1973, and $50,000,000 for the fiscal year ending June 30, 1974.
**(a) Persons liable** If any facility with respect to which funds have been paid under [section 291f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291f&num=0&edition=prelim) shall, at any time within 20 years after the completion of construction or modernization—
(1) be sold or transferred to any entity (A) which is not qualified to file an application under [section 291e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291e&num=0&edition=prelim), or (B) which is not approved as a transferee by the State agency designated pursuant to [section 291d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291d&num=0&edition=prelim), or its successor, or
(2) cease to be a public health center or a public or other nonprofit hospital, outpatient facility, facility for long-term care, or rehabilitation facility,
the United States shall be entitled to recover, whether from the transferor or the transferee (or, in the case of a facility which has ceased to be public or nonprofit, from the owners thereof) an amount determined under subsection (c).
**(b) Notice to Secretary** The transferor of a facility which is sold or transferred as described in subsection (a)(1), or the owner of a facility the use of which is changed as described in subsection (a)(2), shall provide the Secretary written notice of such sale, transfer, or change not later than the expiration of 10 days from the date on which such sale, transfer, or change occurs.
**(c) Amount of recovery; interest; interest period**
(1) Except as provided in paragraph (2), the amount the United States shall be entitled to recover under subsection (a) is an amount bearing the same ratio to the then value
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 291j. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 291j. Loans
(a) Authorization; conditions
In order further to assist the States in car-
rying out the purposes of this subchapter, the
Surgeon General is authorized to make a loan of
funds to the applicant for any project for con-
struction or modernization which meets all of
the conditions specified for a grant under this
part.
(b) Approval; payments to applicants
Except as provided in this section, an applica-
tion for a loan with respect to any project under
this part shall be submitted, and shall be ap-
proved by the Surgeon General, in accordance
with the same procedures and subject to the
same limitations and conditions as would be ap-
plicable to the making of a grant under this part
for such project. Any such application may be
approved in any fiscal year only if sufficient
funds are available from the allotment for the
type of project involved. All loans under this
section shall be paid directly to the applicant.
(c) Terms
(1) The amount of a loan under this part shall
not exceed an amount equal to the Federal share
of the estimated cost of construction or mod-
ernization under the project. Where a loan and a
grant are made under this part with respect to
the same project, the aggregate amount of such
loan and such grant shall not exceed an amount
equal to the Federal share of the estimated cost
of construction or modernization under the
project. Each loan shall bear interest at the rate
arrived at by adding one-quarter of 1 per centum
per annum to the rate which the Secretary of
the Treasury determines to be equal to the cur-
rent average yield on all outstanding market-
able obligations of the United States as of the
last day of the month preceding the date the ap-
plication for the loan is approved and by adjust-
ing the resu
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 291j. This identifies an authority to review, not proof of applicability.