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42 U.S.C. § 300qLoan and loan guarantee authority

submitted 82 years ago by Pub. L. 93-641 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 515 words · no verdicts yet

in plain englishAI-generated · not legal advice

Until September 30, 1982, the Secretary could make loans, or guarantee other lenders' loans, to help hospitals and other medical facilities discontinue unneeded services, convert facilities, renovate for safety, or build new outpatient or inpatient facilities in fast-growing areas. In poor urban or rural areas, the Secretary could also help cut a loan's interest rate in half. A loan, combined with other help, normally couldn't cover more than 90 percent of a project's cost — or 100 percent in poverty areas — and total outstanding loans were capped by appropriations law.

(a) Covered projects. (1) Until September 30, 1982, the Secretary could make loans from the fund set up under section 300q–2(d) to any public or nonprofit private entity, for projects to: (A) discontinue unneeded hospital services or facilities; (B) convert unneeded hospital services and facilities into needed health services, including outpatient facilities and long-term care facilities; (C) renovate and modernize medical facilities, especially to fix safety hazards, meet licensing or accreditation standards, or replace outdated facilities; (D) build new outpatient medical facilities; or (E) build new inpatient medical facilities in areas that recently grew fast in population. (2)(A) During that same period, the Secretary could also guarantee loans made by private lenders, or by the Federal Financing Bank, to public or nonprofit entities for those same kinds of projects — promising to cover the principal and interest if the borrower defaulted. (B) If a guaranteed loan went to an entity in an urban or rural poverty area, the Secretary could pay the lender enough to cut the loan's normal interest rate by up to half, if the Secretary found the project couldn't happen without that help. (b) Amount of loans for medical facilities projects and such projects in urban or rural poverty areas. A direct or guaranteed loan, added to any other help the project gets under part B, normally can't cover more than 90 percent of the project's cost. In an urban or rural poverty area, that combined help can cover up to 100 percent of the cost. (c) Limitation on cumulative total of principal of outstanding loans. The total unpaid principal across all guaranteed and direct loans at any one time can't exceed whatever limit Congress sets in its appropriations laws. (d) Administrative assistance of Department of Housing and Urban Development. With HUD's consent, the Secretary must get HUD's help running this part of the program, to keep it efficient and economical.
the actual law source: uscode.house.gov ↗public domain
(a) Covered projects: duration; payment of principal and interest on loans for covered projects: duration; payments for reduction of interest rate
(1)

The Secretary, during the period ending September 30, 1982, may, in accordance with this part, make loans from the fund established under section 300q–2(d) of this title to any public or nonprofit private entity for projects for—

(A)

the discontinuance of unneeded hospital services or facilities,1

(B)

the conversion of unneeded hospital services and facilities to needed health services and medical facilities, including outpatient medical facilities and facilities for long-term care;

(C)

the renovation and modernization of medical facilities, particularly projects for the prevention or elimination of safety hazards, projects to avoid noncompliance with licensure or accreditation standards, or projects to replace obsolete facilities;

(D)

the construction of new outpatient medical facilities; and

(E)

the construction of new inpatient medical facilities in areas which have experienced (as determined by the Secretary) recent rapid population growth.

(2)
(A)

The Secretary, during the period ending September 30, 1982, may, in accordance with this part, guarantee to—

(i)

non-Federal lenders for their loans to public and nonprofit private entities for medical facilities projects described in paragraph (1), and

(ii)

the Federal Financing Bank for its loans to public and nonprofit private entities for such projects,

payment of principal and interest on such loans.

(B)

In the case of a guarantee of any loan to a public or nonprofit private entity under subparagraph (A)(i) which is located in an urban or rural poverty area, the Secretary may pay, to the holder of such loan and for and on behalf of the project for which the loan was made, amounts sufficient to reduce by not more than one half the net effective interest rate otherwise payable on such loan if the Secretary finds that without such assistance the project could not be undertaken.

(b) Amount of loans for medical facilities projects and such projects in urban or rural poverty areas

The principal amount of a loan directly made or guaranteed under subsection (a) for a medical facilities project, when added to any other assistance provided such project under part B, may not exceed 90 per centum of the cost of such project unless the project is located in an area determined by the Secretary to be an urban or rural poverty area, in which case the principal amount, when added to other assistance under part B, may cover up to 100 per centum of such costs.

(c) Limitation on cumulative total of principal of outstanding loans

The cumulative total of the principal of the loans outstanding at any time with respect to which guarantees have been issued, or which have been directly made, may not exceed such limitations as may be specified in appropriation Acts.

(d) Administrative assistance of Department of Housing and Urban Development

The Secretary, with the consent of the Secretary of Housing and Urban Development, shall obtain from the Department of Housing and Urban Development such assistance with respect to the administration of this part as will promote efficiency and economy thereof.

Source credit: (July 1, 1944, ch. 373, title XVI, § 1601, formerly § 1620, as added Pub. L. 93–641, § 4, Jan. 4, 1975, 88 Stat. 2264; amended Pub. L. 94–273, § 2(21), Apr. 21, 1976, 90 Stat. 376; Pub. L. 95–83, title I, § 106(x)(1), Aug. 1, 1977, 91 Stat. 385; renumbered § 1601 and amended Pub. L. 96–79, title II, §§ 201(b)(1), 203(a)(1), (2), Oct. 4, 1979, 93 Stat. 630, 635.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 93-641 · 88 Stat. 2264
  • 1976Amended · Pub. L. 94-273 · 90 Stat. 376
  • 1977Amended · Pub. L. 95-83 · 91 Stat. 385
  • 1979Amended · Pub. L. 96-79 · 93 Stat. 630, 635

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-641 on 1944-07-01.

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