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42 U.S.C. § 291c — State allotments
Federal law — U.S. Code and appendices · legal_authorities
**(a) Computation for individual States; formulas for both new construction and modernization**
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a/a&num=0&edition=prelim), and to an allotment bearing the same ratio to the sums appropriated for such year pursuant to [section 291a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a/c&num=0&edition=prelim), on the basis of the population, the financial need, and the extent of the need for modernization of the facilities referred to in paragraphs (a) and (b) of [section 291a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a&num=0&edition=prelim), of the respective States.
**(b) Minimum allotments**
(1) The allotment to any State under subsection (a) for any fiscal year which is less than—
(A) $50,000 for the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, or Guam and $100,000 for any other State, in the case of an allotment for grants for the construction of public or other nonpr
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Source file: Laws/federal/codes/united-states-code/title-42/section-291c-state-allotments--a3e696582a.md
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Source location: Title 42, Chapter 6A, § 291c; chapter-6a-public-health-service.md
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**(a) Computation for individual States; formulas for both new construction and modernization**
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a/a&num=0&edition=prelim), and to an allotment bearing the same ratio to the sums appropriated for such year pursuant to [section 291a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a/c&num=0&edition=prelim), on the basis of the population, the financial need, and the extent of the need for modernization of the facilities referred to in paragraphs (a) and (b) of [section 291a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a&num=0&edition=prelim), of the respective States.
**(b) Minimum allotments**
(1) The allotment to any State under subsection (a) for any fiscal year which is less than—
(A) $50,000 for the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, or Guam and $100,000 for any other State, in the case of an allotment for grants for the construction of public or other nonprofit rehabilitation facilities,
(B) $100,000 for the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, 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 Islands, 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 construction of public or other nonprofit hospitals and public health centers, or for the modernization of facilities referred to in paragraph (a) or (b) of [section 291a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a&num=0&edition=prelim), or
(D) $200,000 for the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a&num=0&edition=prelim),
shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotment from appropriations under such subparagraph or paragraph to each of the remaining States under subsection (a) of this section, but with such adjustments as may be necessary to prevent the allotment of any of such remaining States from appropriations under such subparagraph or paragraph from being thereby reduced to less than that amount.
(2) An allotment of the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, or Guam for any fiscal year may be increased 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 increase will be used for payments under and in accordance with the provisions of this part.
**(c) Allotment percentages; definitions; determination** 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 33⅓ per centum, and (B) the allotment percentage 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 determined 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 incomes 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 Territory of the Pacific Islands, and Guam for a fiscal year under this section and remaining unobligated 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 allotted 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 Pacific 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 fiscal 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 specified 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 aggregate of the portions so transferred from an allotment for a fiscal year pursuant to this paragraph 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 allotments under paragraph (1), upon the request of any State that a specified portion of any allotment of such State under subsection (a), other than an allotment for grants for the construction of public or other nonprofit rehabilitation facilities, be added to another allotment of such State under such subsection, other than an allotment for grants for the construction of public or other nonprofit hospitals and public health centers, and upon simultaneous certification 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 specified and there have been no approvable applications for such portion, or
(B) in the case of a request to transfer a portion of an allotment for grants for the construction of public or other nonprofit hospitals and public health centers, use of such portion as requested by such State agency will better carry out the purposes of this subchapter,
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.
(3) In addition to the transfer of portions of allotments under paragraph (1) or (2), upon the request 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 greater than the need for modernization of facilities referred to in paragraph (a) or (b) of [section 291a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a&num=0&edition=prelim), the Secretary shall promptly (but after application of subsection (b) of this section) adjust the allotments of such State in accordance 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 allotment** 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 modernization 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 corresponding allotment of the other State, to be used for the purpose referred to above.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 291a
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Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter—
**(a)** The term “Service” means the Public Health Service;
**(b)** The term “Surgeon General” means the Surgeon General of the Public Health Service;
**(c)** Unless the context otherwise requires, the term “Secretary” means the Secretary of Health and Human Services.
**(d)** The term “regulations”, except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary;
**(e)** The term “executive department” means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States;
**(f)** Except as provided in sections 246(g)(4)(B),11 See References in Text note below. 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term “State” includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
**(g)** The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands;
**(h)** Repealed. Pub. L. 97–35, title IX, § 986(a), Aug. 13, 1981, 95 Stat. 603.
**(i)** The term “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances;
**(j)** The term “habit-forming narcotic drug” or “narcotic” means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 202
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Until Congress shall further provide for the government of the Trust Territory of the Pacific Islands, all executive, legislative, and judicial authority necessary for the civil administration of the Trust Territory shall continue to be vested in such person or persons and shall be exercised in such manner and through such agency or agencies as the President of the United States may direct or authorize.
**(b)** The head of any department, corporation, or other agency of the executive branch of the Government may, upon the request of the Secretary of the Interior, extend to the Trust Territory of the Pacific Islands, with or without reimbursement, scientific, technical, and other assistance under any program administered by such agency, or extend to the Trust Territory any Federal program administered by such agency, if the assistance or program will promote the welfare of the Trust Territory, notwithstanding any provision of law under which the Trust Territory may otherwise be ineligible for the assistance or program: Provided, That the Secretary of the Interior shall not request assistance pursuant to this subsection that involves, in the aggregate, an estimated nonreimbursable cost in any one fiscal year in excess of $150,000: Provided further, That the cost of any program extended to the Trust Territory under this subsection shall be reimbursable out of appropriations authorized and made for the government of the Trust Territory pursuant to section 2 of this Act, as amended. The provisions of this subsection shall not apply to financial assistance under a grant-in-aid program.
Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1681
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Federal law — U.S. Code and appendices · legal_authorities
In the case of any facility for which a grant, loan, or loan guarantee has been made under this subchapter, the applicant for such grant, loan, or loan guarantee (or, if appropriate, such other person as the Secretary may prescribe) shall file at least annually with the State agency for the State in which the facility is located a statement which shall be in such form, and contain such information, as the Secretary may require to accurately show—
(1) the financial operations of the facility, and
(2) the costs to the facility of providing health services in the facility and the charges made by the facility for providing such services,
during the period with respect to which the statement is filed.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 291
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission; requirements** Any State desiring to participate in this part may submit a State plan. Such plan must—
(1) designate a single State agency as the sole agency for the administration of the plan, or designate such agency as the sole agency for supervising the administration of the plan;
(2) contain satisfactory evidence that the State agency designated in accordance with paragraph (1) of this subsection will have authority to carry out such plan in conformity with this part;
(3) provide for the designation of a State advisory council which shall include (A) representatives of nongovernmental organizations or groups, and of public agencies, concerned with the operation, construction, or utilization of hospital or other facilities for diagnosis, prevention, or treatment of illness or disease, or for provision of rehabilitation services, and representatives particularly concerned with education or training of health professions personnel, and (B) an equal number of representatives of consumers familiar with the need for the services provided by such facilities, to consult with the State agency in carrying out the plan, and provide, if such council does not include any representatives of nongovernmental organizations or groups, or State agencies, concerned with rehabilitation, for consultation with organizations, groups, and State agencies so concerned;
(4) set forth, in accordance with criteria established in regulations prescribed under [section 291c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291c&num=0&edition=prelim) and on the basis of a statewide inventory of existing facilities, a survey of need, and (except to the extent provided by or pursuant to such regulations) community, area, or regional plans
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 291e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application; contents** For each project pursuant to a State plan approved under this part, there shall be submitted to the Surgeon General, through the State agency, an application by the State or a political subdivision thereof or by a public or other nonprofit agency. If two or more such agencies join in the project, the application may be filed by one or more of such agencies. Such application shall set forth—
(1) a description of the site for such project;
(2) plans and specifications therefor, in accordance with regulations prescribed under [section 291c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291c&num=0&edition=prelim);
(3) reasonable assurance that title to such site is or will be vested in one or more of the agencies filing the application or in a public or other nonprofit agency which is to operate the facility on completion of the project;
(4) reasonable assurance that adequate financial support will be available for the completion of the project and for its maintenance and operation when completed;
(5) reasonable assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of construction or modernization on the project will be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40; and the Secretary of Labor shall have with respect to the labor standards specified in this paragraph the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and [section 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim); and
(6) a cert
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 291f
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
**(a)** The term “State” includes the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the District of Columbia.
**(b)**
(1) The term “Federal share” with respect to any project means the proportion of the cost of such project to be paid by the Federal Government under this subchapter.
(2) With respect to any project in any State for which a grant is made from an allotment from an appropriation under [section 291a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a&num=0&edition=prelim), the Federal share shall be the amount determined by the State agency designated in accordance with [section 291d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291d&num=0&edition=prelim), but not more than 66⅔ per centum or the State’s allotment percentage, whichever is the lower, except that, if the State’s allotment percentage is lower than 50 per centum, such allotment percentage shall be deemed to be 50 per centum for purposes of this paragraph.
(3) Prior to the approval of the first project in a State during any fiscal year the State agency designated in accordance with [section 291d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291d&num=0&edition=prelim) shall give the Secretary written notification of the maximum Federal share established pursuant to paragraph (2) of this subsection for projects in such State to be approved by the Secretary during such fiscal year and the method for determining the actual Federal share to be paid with respect to such projects; and such maximum Federal share and such method of determination for projects in
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 291o–1
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Federal law — U.S. Code and appendices · legal_authorities
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 th
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 291c
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