
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC297d]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
              SUBCHAPTER VI--NURSING WORKFORCE DEVELOPMENT
 
                          Part E--Student Loans
 
Sec. 297d. Allotments and payments of Federal capital 
        contributions
        

(a) Application for allotment; reduction or adjustment of amount 
        requested in application; reallotment; continued availability of 
        funds

    (1) The Secretary shall from time to time set dates by which schools 
of nursing must file applications for Federal capital contributions.
    (2)(A) If the total of the amounts requested for any fiscal year in 
such applications exceeds the total amount appropriated under section 
297c \1\ of this title for that fiscal year, the allotment from such 
total amount to the loan fund of each school of nursing shall be reduced 
to whichever of the following is the smaller:
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    \1\ See References in Text note below.
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        (i) The amount requested in its application.
        (ii) An amount which bears the same ratio to the total amount 
    appropriated as the number of students estimated by the Secretary to 
    be enrolled on a full-time basis in such school during such fiscal 
    year bears to the estimated total number of students enrolled in all 
    such schools on a full-time basis during such year.

    (B) Amounts remaining after allotment under subparagraph (A) shall 
be reallotted in accordance with clause (ii) of such subparagraph among 
schools whose applications requested more than the amounts so allotted 
to their loan funds, but with such adjustments as may be necessary to 
prevent the total allotted to any such school's loan fund under this 
paragraph and paragraph (3) from exceeding the total so requested by it.
    (3) Funds which, pursuant to section 297e(c) of this title or 
pursuant to a loan agreement under section 297a of this title are 
returned to the Secretary in any fiscal year, shall be available for 
allotment until expended. Funds described in the preceding sentence 
shall be allotted among schools of nursing in such manner as the 
Secretary determines will best carry out this subpart.\1\

(b) Installment payment of allotments

    Allotments to a loan fund of a school shall be paid to it from time 
to time in such installments as the Secretary determines will not result 
in unnecessary accumulations in the loan fund at such school.

(c) Manner of payment

    The Federal capital contributions to a loan fund of a school under 
this subpart \1\ shall be paid to it from time to time in such 
installments as the Secretary determines will not result in unnecessary 
accumulations in the loan fund at such school.

(July 1, 1944, ch. 373, title VIII, Sec. 838, formerly Sec. 825, as 
added Pub. L. 88-581, Sec. 2, Sept. 4, 1964, 78 Stat. 915; amended Pub. 
L. 89-751, Sec. 6(c), Nov. 3, 1966, 80 Stat. 1235; Pub. L. 90-490, title 
II, Sec. 222(e), Aug. 16, 1968, 82 Stat. 785; renumbered Sec. 838 and 
amended Pub. L. 94-63, title IX, Sec. 941(h)(1), (2), (4)(A), (i)(1), 
(4), July 29, 1975, 89 Stat. 365, 366; Pub. L. 99-92, Sec. 8(e), Aug. 
16, 1985, 99 Stat. 398; Pub. L. 100-607, title VII, Sec. 713(h)(1), Nov. 
4, 1988, 102 Stat. 3161; Pub. L. 102-408, title II, Sec. 208(a), Oct. 
13, 1992, 106 Stat. 2075.)

                       References in Text

    Section 297c of this title, referred to in subsec. (a)(2)(A), was 
repealed by Pub. L. 105-392, title I, Sec. 123(3), Nov. 13, 1998, 112 
Stat. 3562.
    This subpart, referred to in subsecs. (a)(3) and (c), probably 
should be ``this part'', to reflect the redesignation of subpart II of 
part B of this subchapter as part E of this subchapter by Pub. L. 105-
392, title I, Sec. 123(2), Nov. 13, 1998, 112 Stat. 3562.


                               Amendments

    1992--Subsec. (a)(3). Pub. L. 102-408 struck out ``(A)'' after 
``(3)'', substituted ``available for allotment until expended.'' for 
``available for allotment in such fiscal year and in the fiscal year 
succeeding the fiscal year.'' and ``this subpart.'' for ``this subpart, 
except that in making such allotments, the Secretary shall give priority 
to schools of nursing which established student loan funds under this 
subpart after September 30, 1975.'', and struck out subpar. (B) which 
read as follows: ``With respect to funds available pursuant to 
subparagraph (A), any such funds returned to the Secretary and not 
allotted by the Secretary, during the period of availability specified 
in such subparagraph, shall be available to carry out section 297j of 
this title and, for such purpose, shall remain available until 
expended.''
    1988--Subsec. (a)(3). Pub. L. 100-607 designated existing provisions 
as subpar. (A) and added subpar. (B).
    1985--Subsec. (a). Pub. L. 99-92 amended subsec. (a) generally, 
substituting provisions relating to application for allotment, reduction 
or adjustment of amount requested in application, reallotment, and 
availability of funds for allotment during fiscal years for provisions 
relating to determination of amount of allotment.
    Subsec. (b). Pub. L. 99-92 amended subsec. (b) generally, 
substituting provisions relating to payment to a loan fund of a school 
of allotments for provisions relating to application for allotment, 
adjustment or reduction of amount requested in application, and 
reallotment.
    1975--Subsec. (a). Pub. L. 94-63, Sec. 941(h)(1), (4)(A)(i), (i)(4), 
substituted ``subpart'' for ``part'' wherever appearing, struck out 
``(whether as Federal capital contributions or as loans to schools under 
section 297f of this title)'' before ``which are in excess'', and 
substituted references to section 847 of the Act for references to 
section 824, which had previously been translated as section 297c of 
this title, requiring no further translations in text as a result of 
renumbering of the Public Health Service Act.
    Subsec. (b)(1). Pub. L. 94-63, Sec. 941(h)(4)(A)(ii), struck out ``, 
and for loans pursuant to section 297f of this title,'' after 
``contributions''.
    Subsec. (b)(2). Pub. L. 94-63, Sec. 941(h)(2), struck out ``of 
Health, Education, and Welfare'' after ``Secretary''.
    Subsec. (c). Pub. L. 94-63, Sec. 941(h)(1), substituted ``subpart'' 
for ``part''.
    1968--Subsec. (a). Pub. L. 90-490 substituted a new formula for 
distribution of Federal funds among schools of nursing by providing for 
allotment of funds among the schools entirely on the basis of their 
relative enrollments for former provisions which allocated funds among 
the States, 50 per centum on the basis of relative number of high school 
graduates, and 50 per centum on the basis of relative number of students 
enrolled in schools of nursing, and provided for determination of number 
of persons enrolled in such schools for most recent year for which 
satisfactory data are available to the Secretary.
    1966--Subsec. (a). Pub. L. 89-751, Sec. 6(c)(1), authorized 
allotment of appropriations for payment as Federal capital contributions 
or as loans to schools under section 297f of this title, and directed 
that funds available in any fiscal year for payment to schools under 
this part (whether as Federal capital contributions or as loans to 
schools under section 297f of this title) which are in excess of the 
amount appropriated pursuant to section 297c of this title for that year 
shall be allotted among States and among schools within States in such 
manner as the Secretary determinates will best carry out the purposes of 
this part.
    Subsec. (b)(1). Pub. L. 89-751, Sec. 6(c)(2), substituted ``schools 
of nursing in a State must file applications for Federal capital 
contributions, and for loans pursuant to section 297f of this title, 
from the allotment of such State under the first two sentences of 
subsection (a) of this section'' for ``schools of nursing with which he 
has in effect agreements under this part must file applications for 
Federal capital contributions to their loan funds pursuant to section 
297a(b)(2)(A) of this title''.


                    Effective Date of 1988 Amendment

    Section 713(h)(2) of Pub. L. 100-607 provided that: ``Except as 
provided in Public Law 100-436 [Sept. 20, 1988, 102 Stat. 1680, see 
Tables for classification], the amendment made by paragraph (1) 
[amending this section] shall take effect as if such amendment had been 
effective on September 30, 1988, and as if section 843 of the Public 
Health Service Act, as added by section 715 of this title [section 297j 
of this title], had been effective on such date.''


                    Effective Date of 1985 Amendment

    Amendment by Pub. L. 99-92 effective Oct. 1, 1985, see section 10(a) 
of Pub. L. 99-92, set out as a note under section 297a of this title.


                    Effective Date of 1975 Amendment

    Amendment by Pub. L. 94-63 effective July 1, 1975, see section 942 
of Pub. L. 94-63, set out as a note under section 297a of this title.


                    Effective Date of 1966 Amendment

    Section 6(e)(1) of Pub. L. 89-751 provided that: ``The amendments 
made by this section [amending this section and sections 297c, 297e, and 
297f of this title] shall be effective in the case of payments to 
student loan funds made after the enactment of this Act [Nov. 3, 1966], 
except in the case of payments pursuant to commitments (made prior to 
enactment of this Act) to make loans under section 827 of the Public 
Health Service Act [section 297f of this title] as in effect prior to 
the enactment of this Act.''


               Applicability of Reorg. Plan No. 3 of 1966

    Section 9 of Pub. L. 89-751 provided that: ``The amendments made by 
this Act [enacting former sections 295h to 295h-5 and 298c to 298c-8 of 
this title and amending this section, former sections 292b, 294d, 294n 
to 294p, 296, and 297c, section 297e, former section 297f, and section 
298 of this title, and section 1717 of Title 12, Banks and Banking] 
shall be subject to the provisions of Reorganization Plan Numbered 3 of 
1966 [set out as a note under section 202 of this title].''

                  Section Referred to in Other Sections

    This section is referred to in section 297a of this title.
