US (United States) Code. Title 42. Chapter 6A: Public Health Service

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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publicidad

-CITE-

42 USC Sec. 291o-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part D - General Provisions

-HEAD-

Sec. 291o-1. Financial statements

-STATUTE-

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-

(July 1, 1944, ch. 373, title VI, Sec. 646, as added Pub. L.

91-296, title I, Sec. 121, June 30, 1970, 84 Stat. 343.)

-MISC1-

PRIOR PROVISIONS

Sections 291p to 291z were omitted in the general amendment of

this subchapter by Pub. L. 88-443, Aug. 18, 1964, 78 Stat. 447.

Section 291p, act July 1, 1944, ch. 373, title VI, Sec. 646, as

added July 12, 1954, ch. 471, Sec. 2, 68 Stat. 461, related to

appropriations to States for carrying out purposes of section

291o(a) of this title.

Section 291q, act July 1, 1944, ch. 373, title VI, Sec. 647, as

added July 12, 1954, ch. 471, Sec. 2, 68 Stat. 461, related to

State application for funds for carrying out purposes of section

291o(a) of this title.

Section 291r, act July 1, 1944, ch. 373, title VI, Sec. 648, as

added July 12, 1954, ch. 471, Sec. 2, 68 Stat. 462, related to

allotments to States of appropriations made pursuant to section

291p of this title.

Section 291s, act July 1, 1944, ch. 373, title VI, Sec. 651, as

added July 12, 1954, ch. 471, Sec. 3, 68 Stat. 462; amended Aug. 2,

1956, ch. 871, title IV, Sec. 402, 70 Stat. 929; Aug. 14, 1958,

Pub. L. 85-664, Sec. 1(b), 72 Stat. 616; Oct. 5, 1961, Pub. L.

87-395, Sec. 3(a), 75 Stat. 825, related to appropriations for

assistance to States in carrying out purposes of section 291o(b) of

this title.

Section 291t, act July 1, 1944, ch. 373, title VI, 652, as added

July 12, 1954, ch. 471, Sec. 3, 68 Stat. 462; amended Aug. 1, 1956,

ch. 852, Sec. 19(c), 70 Stat. 911; Oct. 5, 1961, Pub. L. 87-395,

Sec. 3(b), 75 Stat. 825; Sept. 25, 1962, Pub. L. 87-688, Sec.

4(a)(3), 76 Stat. 587, related to allotments to States of sums

appropriated under section 291s of this title.

Section 291u, act July 1, 1944, ch. 373, title VI, Sec. 653, as

added July 12, 1954, ch. 471, Sec. 3, 68 Stat. 463, related to

revision of regulations and State plans to cover benefits of

sections 291s to 291v of this title.

Section 291v, act July 1, 1944, ch. 373, title VI, Sec. 654, as

added July 12, 1954, ch. 471, Sec. 3, 68 Stat. 463; amended Aug.

14, 1959, Pub. L. 86-158, title II, Sec. 201, 73 Stat. 349, related

to applications and payments for projects under sections 291s to

291v of this title.

Section 291w, act July 1, 1944, ch. 373, title VI, Sec. 661, as

added Aug. 1, 1958, Pub. L. 85-589, 72 Stat. 489; amended Oct. 5,

1961, Pub. L. 87-395, Sec. 6, 75 Stat. 826, related to an

authorization of Surgeon General to make loans for construction.

Section 291x, act July 1, 1944, ch. 373, title VI, Sec. 662, as

added Aug. 1, 1958, Pub. L. 85-589, 72 Stat. 489, related to

approval of construction loans by Surgeon General.

Section 291y, act July 1, 1944, ch. 373, title VI, Sec. 663, as

added Aug. 1, 1958, Pub. L. 85-589, 72 Stat. 489, related to terms

of the loans with respect to sections 291w to 291z of this title.

Section 291z, act July 1, 1944, ch. 373, title VI, Sec. 664, as

added Aug. 1, 1958, Pub. L. 85-589, 72 Stat. 490, related to

allotment of funds for loans under this subchapter.

-End-

-CITE-

42 USC SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

-HEAD-

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 235, 300l-2, 12604 of

this title; title 8 section 1613; title 12 section 1715z-7; title

38 section 8201.

-End-

-CITE-

42 USC Part A - Student Loans 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

-HEAD-

PART A - STUDENT LOANS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 2 section 60c-5; title 5

section 5379; title 10 section 16302.

-End-

-CITE-

42 USC subpart i - insured health education assistance

loans to graduate students 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

SUBPART I - INSURED HEALTH EDUCATION ASSISTANCE LOANS TO GRADUATE

STUDENTS

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in title 20 section 1078-3.

-End-

-CITE-

42 USC Sec. 292 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

Sec. 292. Statement of purpose

-STATUTE-

The purpose of this subpart is to enable the Secretary to provide

a Federal program of student loan insurance for students in (and

certain former students of) eligible institutions (as defined in

section 292o of this title).

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 701, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 1994.)

-MISC1-

PRIOR PROVISIONS

A prior section 292, act July 1, 1944, ch. 373, title VII, Sec.

700, as added Oct. 12, 1976, Pub. L. 94-484, title II, Sec. 201(b),

90 Stat. 2246, set forth limitations on use of appropriations,

prior to repeal by Pub. L. 97-35, title XXVII, Sec. 2715, Aug. 13,

1981, 95 Stat. 913.

Another prior section 292, act July 1, 1944, ch. 373, title VII,

Sec. 701, as added July 30, 1956, ch. 779, Sec. 2, 70 Stat. 717;

amended Sept. 24, 1963, Pub. L. 88-129, Sec. 2(a), 77 Stat. 164,

stated Congressional findings and declaration of policy respecting

grants for construction of health research facilities, prior to

repeal by Pub. L. 94-484, title II, Sec. 201(a), Oct. 12, 1976, 90

Stat. 2246.

A prior section 701 of act July 1, 1944, was classified to

section 292a of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

EFFECTIVE DATE

Section 103 of Pub. L. 102-408 provided that: "The amendment made

by section 102 [enacting this subchapter] takes effect on the date

of the enactment of this Act [Oct. 13, 1992], except that section

708 of the Public Health Service Act [section 292g of this title],

as added by section 102 of this Act, takes effect January 1, 1993.

Until such date, section 732(c) of the Public Health Service Act

[former section 294e(c) of this title], as in effect on the day

before the date of the enactment of this Act, continues in effect

in lieu of such section 708."

STUDY ON EFFECTIVENESS OF HEALTH PROFESSIONS PROGRAMS

Section 309 of Pub. L. 102-408 provided that:

"(a) In General. - The Comptroller General of the United States

shall conduct a study of the programs carried out under titles VII

and VIII of the Public Health Service Act [this subchapter and

subchapter VI of this chapter] (as amended by this Act) for the

purpose of determining the effectiveness of such programs in -

"(1) increasing the number of primary care providers

(physicians, physician assistants, nurse midwives, nurse

practitioners and general dentists), nurses and allied health

personnel;

"(2) improving the geographic distribution of health

professionals in medically underserved and rural areas; and

"(3) recruiting and retaining as students in health professions

schools individuals who are members of a minority group.

"(b) Certain Requirements. - The study conducted under subsection

(a) shall determine -

"(1) whether funding under title VII of the Public Health

Service Act [this subchapter] has increased the number of primary

care practitioners (family medicine, general internal medicine,

general pediatrics, general dentistry, and physician assistants)

in medically underserved communities (as defined in section 799

of such Act [section 295p of this title]);

"(2) whether or not funding under such title VII has increased

the number of allied health professionals in medically

underserved or rural communities;

"(3) whether or not funding under title VIII of such Act

[subchapter VI of this chapter] has increased the number of

nurses in medically underserved or rural communities;

"(4) whether or not the various mechanisms under such titles

VII and VIII (such as scholarships, fellowships, traineeships,

loan repayment programs, project grants, and education centers)

have been effective in producing health care professionals who

work or practice in medically underserved and rural communities

and the relative impact or effectiveness of each mechanism;

"(5) the duration of service in medically underserved

communities (as defined in section 799 of such Act) of health

professionals whose training was funded by such titles or who

received financial incentives under such titles to practice in

such communities;

"(6) the geographic distribution of former trainees under such

titles who are practicing in medically underserved communities

(as so defined);

"(7) with respect to the programs of such titles whose purpose

is improving the health of individuals who are members of

minority groups, whether such programs have had a significant

impact on the number of such individuals entering the health

professions; and

"(8) such other factors as may be relevant to the

reauthorization of such title VII or VIII.

"(c) Report. - Not later than January 1, 1994, the Comptroller

General of the United States shall complete the study required in

subsection (a) and submit to the Committee on Labor and Human

Resources of the Senate, and the Committee on Energy and Commerce

of the House of Representatives, a report describing the findings

made as a result of the study and making such recommendations

regarding the programs carried out under titles VII and VIII of the

Public Health Service Act as the Comptroller General determines to

be appropriate."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 295o-1 of this title.

-End-

-CITE-

42 USC Sec. 292a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

Sec. 292a. Scope and duration of loan insurance program

-STATUTE-

(a) In general

The total principal amount of new loans made and installments

paid pursuant to lines of credit (as defined in section 292o of

this title) to borrowers covered by Federal loan insurance under

this subpart shall not exceed $350,000,000 for fiscal year 1993,

$375,000,000 for fiscal year 1994, and $425,000,000 for fiscal year

1995. If the total amount of new loans made and installments paid

pursuant to lines of credit in any fiscal year is less than the

ceiling established for such year, the difference between the loans

made and installments paid and the ceiling shall be carried over to

the next fiscal year and added to the ceiling applicable to that

fiscal year, and if in any fiscal year no ceiling has been

established, any difference carried over shall constitute the

ceiling for making new loans (including loans to new borrowers) and

paying installments for such fiscal year. Thereafter, Federal loan

insurance pursuant to this subpart may be granted only for loans

made (or for loan installments paid pursuant to lines of credit) to

enable students, who have obtained prior loans insured under this

subpart, to continue or complete their educational program or to

obtain a loan under section 292d(a)(1)(B) of this title to pay

interest on such prior loans; but no insurance may be granted for

any loan made or installment paid after September 30, 1998. The

total principal amount of Federal loan insurance available under

this subsection shall be granted by the Secretary without regard to

any apportionment for the purpose of chapter 15 of title 31 and

without regard to any similar limitation.

(b) Certain limitations and priorities

(1) Limitations regarding lenders, States, or areas

The Secretary may, if necessary to assure an equitable

distribution of the benefits of this subpart, assign, within the

maximum amounts specified in subsection (a) of this section,

Federal loan insurance quotas applicable to eligible lenders, or

to States or areas, and may from time to time reassign unused

portions of these quotas.

(2) Priority for certain lenders

In providing certificates of insurance under section 292e of

this title through comprehensive contracts, the Secretary shall

give priority to eligible lenders that agree -

(A) to make loans to students at interest rates below the

rates prevailing, during the period involved, for loans covered

by Federal loan insurance pursuant to this subpart; or

(B) to make such loans under terms that are otherwise

favorable to the student relative to the terms under which

eligible lenders are generally making such loans during such

period.

(c) Authority of Student Loan Marketing Association

(1) In general

Subject to paragraph (2), the Student Loan Marketing

Association, established under part B of title IV of the Higher

Education Act of 1965 [20 U.S.C. 1071 et seq.], is authorized to

make advances on the security of, purchase, service, sell,

consolidate, or otherwise deal in loans which are insured by the

Secretary under this subpart, except that if any loan made under

this subpart is included in a consolidated loan pursuant to the

authority of the Association under part B of title IV of the

Higher Education Act of 1965, the interest rate on such

consolidated loan shall be set at the weighted average interest

rate of all such loans offered for consolidation and the

resultant per centum shall be rounded downward to the nearest

one-eighth of 1 per centum, except that the interest rate shall

be no less than the applicable interest rate of the guaranteed

student loan program established under part B of title IV of the

Higher Education Act of 1965. In the case of such a consolidated

loan, the borrower shall be responsible for any interest which

accrues prior to the beginning of the repayment period of the

loan, or which accrues during a period in which principal need

not be paid (whether or not such principal is in fact paid) by

reason of any provision of the Higher Education Act of 1965 [20

U.S.C. 1001 et seq.].

(2) Applicability of certain Federal regulations

With respect to Federal regulations for lenders, this subpart

may not be construed to preclude the applicability of such

regulations to the Student Loan Marketing Association or to any

other entity in the business of purchasing student loans,

including such regulations with respect to applications,

contracts, and due diligence.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 702, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 1994.)

-REFTEXT-

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in subsec. (c)(1),

is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which

is classified principally to chapter 28 (Sec. 1001 et seq.) of

Title 20, Education. Part B of title IV of the Act is classified

generally to part B (Sec. 1071 et seq.) of subchapter IV of chapter

28 of Title 20. For complete classification of this Act to the

Code, see Short Title note set out under section 1001 of Title 20

and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 292a, act July 1, 1944, ch. 373, title VII, Sec.

701, formerly Sec. 724, as added Sept. 24, 1963, Pub. L. 88-129,

Sec. 2(b), 77 Stat. 169; amended Oct. 22, 1965, Pub. L. 89-290,

Sec. 2(b), 79 Stat. 1056; Nov. 2, 1966, Pub. L. 89-709, Sec. 2(c),

80 Stat. 1103; Aug. 16, 1968, Pub. L. 90-490, title I, Sec. 105(c),

82 Stat. 774; Nov. 18, 1971, Pub. L. 92-157, title I, Sec.

102(c)(1)-(4), (f)(2)(B), 85 Stat. 431, 432, 435; renumbered Sec.

701 and amended Oct. 12, 1976, Pub. L. 94-484, title II, Sec.

201(c), (e), 90 Stat. 2247; Aug. 13, 1981, Pub. L. 97-35, title

XXVII, Sec. 2716, 95 Stat. 913; Oct. 22, 1985, Pub. L. 99-129,

title II, Secs. 201(a), (b), 202, 203, 204(a), (b), 99 Stat.

525-527; Nov. 4, 1988, Pub. L. 100-607, title VI, Secs. 620(a),

623, 628(1), 629(b)(1), (2), 102 Stat. 3141, 3142, 3145, 3146; Aug.

16, 1989, Pub. L. 101-93, Sec. 5(l), 103 Stat. 613, defined terms

for purposes of this subchapter, prior to the general revision of

this subchapter by Pub. L. 102-408. See sections 292o and 295p of

this title.

Another prior section 292a, act July 1, 1944, ch. 373, title VII,

Sec. 702, as added July 30, 1956, ch. 779, Sec. 2, 70 Stat. 717;

amended Sept. 24, 1963, Pub. L. 88-129, Sec. 2(a), 77 Stat. 164,

defined "Council", "construction", "cost of construction",

"nonprofit institution", and "sciences related to health" as

applicable to grants for construction of health research

facilities, prior to repeal by Pub. L. 94-484, title II, Sec.

201(a), Oct. 12, 1976, 90 Stat. 2246.

A prior section 702 of act July 1, 1944, was classified to

section 292b of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 201, 285n-2, 285o-2,

292e, 300u-5, 300w-9 of this title; title 20 section 1132i-1.

-End-

-CITE-

42 USC Sec. 292b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

Sec. 292b. Limitations on individual insured loans and on loan

insurance

-STATUTE-

(a) In general

The total of the loans made to a student in any academic year or

its equivalent (as determined by the Secretary) which may be

covered by Federal loan insurance under this subpart may not exceed

$20,000 in the case of a student enrolled in a school of medicine,

osteopathic medicine, dentistry, veterinary medicine, optometry, or

podiatric medicine, and $12,500 in the case of a student enrolled

in a school of pharmacy, public health, allied health, or

chiropractic, or a graduate program in health administration or

behavioral and mental health practice, including clinical

psychology. The aggregate insured unpaid principal amount for all

such insured loans made to any borrower shall not at any time

exceed $80,000 in the case of a borrower who is or was a student

enrolled in a school of medicine, osteopathic medicine, dentistry,

veterinary medicine, optometry, or podiatric medicine, and $50,000

in the case of a borrower who is or was a student enrolled in a

school of pharmacy, public health, allied health, or chiropractic,

or a graduate program in health administration or clinical

psychology. The annual insurable limit per student shall not be

exceeded by a line of credit under which actual payments by the

lender to the borrower will not be made in any year in excess of

the annual limit.

(b) Extent of insurance liability

The insurance liability on any loan insured by the Secretary

under this subpart shall be 100 percent of the unpaid balance of

the principal amount of the loan plus interest. The full faith and

credit of the United States is pledged to the payment of all

amounts which may be required to be paid under the provisions of

section 292f or 292m of this title.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 703, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 1995; amended

Pub. L. 105-392, title I, Sec. 141(c)(1), Nov. 13, 1998, 112 Stat.

3579.)

-MISC1-

PRIOR PROVISIONS

A prior section 292b, act July 1, 1944, ch. 373, title VII, Sec.

702, formerly Sec. 725, as added Sept. 24, 1963, Pub. L. 88-129,

Sec. 2(b), 77 Stat. 169; amended Sept. 4, 1964, Pub. L. 88-581,

Sec. 3(c), 78 Stat. 919; Nov. 2, 1966, Pub. L. 89-709, Sec. 2(d),

80 Stat. 1103; Nov. 3, 1966, Pub. L. 89-751, Sec. 3(a), 80 Stat.

1230; Dec. 5, 1967, Pub. L. 90-174, Sec. 12(c), 81 Stat. 541; Oct.

30, 1970, Pub. L. 91-515, title VI, Sec. 601(b)(2), 84 Stat. 1311;

Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 108(a), 85 Stat. 460;

renumbered Sec. 702 and amended Oct. 12, 1976, Pub. L. 94-484,

title II, Secs. 201(c), 202(a)(1), (2), (b), 90 Stat. 2247, 2248;

Oct. 22, 1985, Pub. L. 99-129, title II, Sec. 205(a), 99 Stat. 527;

Nov. 4, 1988, Pub. L. 100-607, title VI, Secs. 620(b), 628(2), 102

Stat. 3141, 3145, related to National Advisory Council on Education

for Health Professions, prior to the general revision of this

subchapter by Pub. L. 102-408.

Another prior section 292b, act July 1, 1944, ch. 373, title VII,

Sec. 703, as added July 30, 1956, ch. 779, Sec. 2, 70 Stat. 717;

amended Sept. 24, 1963, Pub. L. 88-129, Sec. 2(a), 77 Stat. 164;

Aug. 16, 1968, Pub. L. 90-490, title IV, Sec. 403, 82 Stat. 789;

Oct. 30, 1970, Pub. L. 91-515, title VI, Sec. 601(a)(1), (b)(2), 84

Stat. 1310, 1311; Nov. 18, 1971, Pub. L. 92-157, title I, Sec.

102(k)(2)(A), 85 Stat. 437, related to National Advisory Council on

Health Research Facilities, providing for its establishment,

composition, selection of members; its functions; and use of its

services in administration of grants for construction of health

research facilities, prior to repeal by Pub. L. 94-484, title II,

Sec. 201(a), Oct. 12, 1976, 90 Stat. 2246.

A prior section 703 of act July 1, 1994, was classified to

section 292c of this title prior to repeal by Pub. L. 99-129.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-392 substituted "or behavioral

and mental health practice, including clinical psychology" for "or

clinical psychology" in first sentence.

-End-

-CITE-

42 USC Sec. 292c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

Sec. 292c. Sources of funds

-STATUTE-

Loans made by eligible lenders in accordance with this subpart

shall be insurable by the Secretary whether made from funds fully

owned by the lender or from funds held by the lender in a trust or

similar capacity and available for such loans.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 704, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 1996.)

-MISC1-

PRIOR PROVISIONS

A prior section 292c, act July 1, 1944, ch. 373, title VII, Sec.

703, formerly Sec. 799, as added Nov. 2, 1970, Pub. L. 91-519,

title II, Sec. 206, 84 Stat. 1354; amended Nov. 18, 1971, Pub. L.

92-157, title I, Sec. 109, 85 Stat. 461; renumbered Sec. 703 and

amended Oct. 12, 1976, Pub. L. 94-484, title II, Secs. 201(c), 203,

90 Stat. 2247, 2248; Aug. 13, 1981, Pub. L. 97-35, title XXVII,

Sec. 2717, 95 Stat. 914, related to advance funding for grants and

contracts, prior to repeal by Pub. L. 99-129, title II, Sec.

220(a), Oct. 22, 1985, 99 Stat. 543.

Another prior section 292c, act July 1, 1944, ch. 373, title VII,

Sec. 704, as added July 30, 1956, 779, Sec. 2, 70 Stat. 718;

amended Aug. 27, 1958, Pub. L. 85-777, Sec. 1(a), 72 Stat. 933;

Oct. 5, 1961, Pub. L. 87-395, Sec. 8(a), (d), 75 Stat. 827; Oct.

17, 1962, Pub. L. 87-838, Sec. 4(a), 76 Stat. 1074; Aug. 9, 1965,

Pub. L. 89-115, Sec. 2(a), 79 Stat. 448; Aug. 16, 1968, Pub. L.

90-490, title IV, Sec. 401(a), 82 Stat. 789, related to

authorization of appropriations and availability of funds for

grants for construction of health research facilities, prior to

repeal by Pub. L. 94-484, title II, Sec. 201(a), Oct. 12, 1976, 90

Stat. 2246.

A prior section 704 of act July 1, 1944, was classified to

section 292d of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

-End-

-CITE-

42 USC Sec. 292d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

Sec. 292d. Eligibility of borrowers and terms of insured loans

-STATUTE-

(a) In general

A loan by an eligible lender shall be insurable by the Secretary

under the provisions of this subpart only if -

(1) made to -

(A) a student who -

(i)(I) has been accepted for enrollment at an eligible

institution, or (II) in the case of a student attending an

eligible institution, is in good standing at that

institution, as determined by the institution;

(ii) is or will be a full-time student at the eligible

institution;

(iii) has agreed that all funds received under such loan

shall be used solely for tuition, other reasonable

educational expenses, including fees, books, and laboratory

expenses, and reasonable living expenses, incurred by such

students;

(iv) if required under section 453 of title 50, Appendix,

to present himself for and submit to registration under such

section, has presented himself and submitted to registration

under such section; and

(v) in the case of a pharmacy student, has satisfactorily

completed three years of training; or

(B) an individual who -

(i) has previously had a loan insured under this subpart

when the individual was a full-time student at an eligible

institution;

(ii) is in a period during which, pursuant to paragraph

(2), the principal amount of such previous loan need not be

paid;

(iii) has agreed that all funds received under the proposed

loan shall be used solely for repayment of interest due on

previous loans made under this subpart; and

(iv) if required under section 453 of title 50, Appendix,

to present himself for and submit to registration under such

section, has presented himself and submitted to registration

under such section;

(2) evidenced by a note or other written agreement which -

(A) is made without security and without endorsement, except

that if the borrower is a minor and such note or other written

agreement executed by him would not, under the applicable law,

create a binding obligation, an endorsement may be required;

(B) provides for repayment of the principal amount of the

loan in installments over a period of not less than 10 years

(unless sooner repaid) nor more than 25 years beginning not

earlier than 9 months nor later than 12 months after the date

of -

(i) the date on which -

(I) the borrower ceases to be a participant in an

accredited internship or residency program of not more than

four years in duration;

(II) the borrower completes the fourth year of an

accredited internship or residency program of more than

four years in duration; or

(III) the borrower, if not a participant in a program

described in subclause (I) or (II), ceases to carry, at an

eligible institution, the normal full-time academic

workload as determined by the institution; or

(ii) the date on which a borrower who is a graduate of an

eligible institution ceases to be a participant in a

fellowship training program not in excess of two years or a

participant in a full-time educational activity not in excess

of two years, which -

(I) is directly related to the health profession for

which the borrower prepared at an eligible institution, as

determined by the Secretary; and

(II) may be engaged in by the borrower during such a

two-year period which begins within twelve months after the

completion of the borrower's participation in a program

described in subclause (I) or (II) of clause (i) or prior

to the completion of the borrower's participation in such

program,

except as provided in subparagraph (C), except that the period

of the loan may not exceed 33 years from the date of execution

of the note or written agreement evidencing it, and except that

the note or other written instrument may contain such

provisions relating to repayment in the event of default in the

payment of interest or in the payment of the costs of insurance

premiums, or other default by the borrower, as may be

authorized by regulations of the Secretary in effect at the

time the loan is made;

(C) provides that periodic installments of principal and

interest need not be paid, but interest shall accrue, during

any period (i) during which the borrower is pursuing a

full-time course of study at an eligible institution (or at an

institution defined by section 1002(a) of title 20); (ii) not

in excess of four years during which the borrower is a

participant in an accredited internship or residency program

(including any period in such a program described in subclause

(I) or subclause (II) of subparagraph (B)(i)); (iii) not in

excess of three years, during which the borrower is a member of

the Armed Forces of the United States; (iv) not in excess of

three years during which the borrower is in service as a

volunteer under the Peace Corps Act [22 U.S.C. 2501 et seq.];

(v) not in excess of three years during which the borrower is a

member of the National Health Service Corps; (vi) not in excess

of three years during which the borrower is in service as a

full-time volunteer under title I of the Domestic Volunteer

Service Act of 1973 [42 U.S.C. 4951 et seq.]; (vii) not in

excess of 3 years, for a borrower who has completed an

accredited internship or residency training program in

osteopathic general practice, family medicine, general internal

medicine, preventive medicine, or general pediatrics and who is

practicing primary care; (viii) not in excess of 1 year, for

borrowers who are graduates of schools of chiropractic; (ix)

any period not in excess of two years which is described in

subparagraph (B)(ii); (x) not in excess of three years, during

which the borrower is providing health care services to Indians

through an Indian health program (as defined in section

1616a(a)(2)(A) of title 25; (!1) and (xi) in addition to all

other deferments for which the borrower is eligible under

clauses (i) through (x), any period during which the borrower

is a member of the Armed Forces on active duty during the

Persian Gulf conflict, and any period described in clauses (i)

through (xi) shall not be included in determining the 25-year

period described in subparagraph (B);

(D) provides for interest on the unpaid principal balance of

the loan at a yearly rate, not exceeding the applicable maximum

rate prescribed and defined by the Secretary (within the limits

set forth in subsection (b) of this section) on a national,

regional, or other appropriate basis, which interest shall be

compounded not more frequently than annually and payable in

installments over the period of the loan except as provided in

subparagraph (C), except that the note or other written

agreement may provide that payment of any interest may be

deferred until not later than the date upon which repayment of

the first installment of principal falls due or the date

repayment of principal is required to resume (whichever is

applicable) and may further provide that, on such date, the

amount of the interest which has so accrued may be added to the

principal for the purposes of calculating a repayment schedule;

(E) offers, in accordance with criteria prescribed by

regulation by the Secretary, a schedule for repayment of

principal and interest under which payment of a portion of the

principal and interest otherwise payable at the beginning of

the repayment period (as defined in such regulations) is

deferred until a later time in the period;

(F) entitles the borrower to accelerate without penalty

repayment of the whole or any part of the loan;

(G) provides that the check for the proceeds of the loan

shall be made payable jointly to the borrower and the eligible

institution in which the borrower is enrolled; and

(H) contains such other terms and conditions consistent with

the provisions of this subpart and with the regulations issued

by the Secretary pursuant to this subpart, as may be agreed

upon by the parties to such loan, including, if agreed upon, a

provision requiring the borrower to pay to the lender, in

addition to principal and interest, amounts equal to the

insurance premiums payable by the lender to the Secretary with

respect to such loan; and

(3) subject to the consent of the student and subject to

applicable law, the eligible lender has obtained from the student

appropriate demographic information regarding the student,

including racial or ethnic background.

(b) Limitation on rate of interest

The rate of interest prescribed and defined by the Secretary for

the purpose of subsection (a)(2)(D) of this section may not exceed

the average of the bond equivalent rates of the 91-day Treasury

bills auctioned for the previous quarter plus 3 percentage points,

rounded to the next higher one-eighth of 1 percent.

(c) Minimum annual payment by borrower

The total of the payments by a borrower during any year or any

repayment period with respect to the aggregate amount of all loans

to that borrower which are insured under this subpart shall not be

less than the annual interest on the outstanding principal, except

as provided in subsection (a)(2)(C) of this section, unless the

borrower, in the written agreement described in subsection (a)(2)

of this section, agrees to make payments during any year or any

repayment period in a lesser amount.

(d) Applicability of certain laws on rate or amount of interest

No provision of any law of the United States (other than

subsections (a)(2)(D) and (b) of this section) or of any State that

limits the rate or amount of interest payable on loans shall apply

to a loan insured under this subpart.

(e) Determination regarding forbearance

Any period of time granted to a borrower under this subpart in

the form of forbearance on the loan shall not be included in the

25-year total loan repayment period under subsection (a)(2)(C) of

this section.

(f) Loan repayment schedule

Lenders and holders under this subpart shall offer borrowers

graduated loan repayment schedules that, during the first 5 years

of loan repayment, are based on the borrower's debt-to-income

ratio.

(g) Rule of construction regarding determination of need of

students

With respect to any determination of the financial need of a

student for a loan covered by Federal loan insurance under this

subpart, this subpart may not be construed to limit the authority

of any school to make such allowances for students with special

circumstances as the school determines appropriate.

(h) Definitions

For purposes of this section:

(1) The term "active duty" has the meaning given such term in

section 101(18) of title 37, except that such term does not

include active duty for training.

(2) The term "Persian Gulf conflict" means the period beginning

on August 2, 1990, and ending on the date thereafter prescribed

by Presidential proclamation or by law.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 705, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 1996; amended

Pub. L. 103-43, title XX, Sec. 2014(a)(1), June 10, 1993, 107 Stat.

215; Pub. L. 105-244, title I, Sec. 102(a)(13)(A), Oct. 7, 1998,

112 Stat. 1620; Pub. L. 105-392, title I, Sec. 141(a)(1), (2), Nov.

13, 1998, 112 Stat. 3578.)

-REFTEXT-

REFERENCES IN TEXT

The Peace Corps Act, referred to in subsec. (a)(2)(C), is Pub. L.

87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is

classified principally to chapter 34 (Sec. 2501 et seq.) of Title

22, Foreign Relations and Intercourse. For complete classification

of this Act to the Code, see Short Title note set out under section

2501 of Title 22 and Tables.

The Domestic Volunteer Service Act of 1973, referred to in

subsec. (a)(2)(C), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394,

as amended. Title I of the Act is classified generally to

subchapter I (Sec. 4951 et seq.) of chapter 66 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 4951 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 292d, act July 1, 1944, ch. 373, title VII, Sec.

704, formerly Sec. 799A, as added Nov. 2, 1970, Pub. L. 91-519,

title II, Sec. 207, 84 Stat. 1355; amended Nov. 18, 1971, Pub. L.

92-157, title I, Sec. 110(2), 85 Stat. 461; July 12, 1974, Pub. L.

93-348, title I, Sec. 105, 88 Stat. 347; renumbered Sec. 704, Oct.

12, 1976, Pub. L. 94-484, title II, Sec. 201(c), 90 Stat. 2247;

Nov. 4, 1988, Pub. L. 100-607, title VI, Secs. 620(c), 628(3),

629(b)(2), 102 Stat. 3141, 3145, 3146, prohibited discrimination on

the basis of sex, prior to the general revision of this subchapter

by Pub. L. 102-408. See section 295m of this title.

Another prior section 292d, act July 1, 1944, ch. 373, title VII,

Sec. 705, as added July 30, 1956, ch. 779, Sec. 2, 70 Stat. 718;

amended Aug. 27, 1958, Pub. L. 85-777, Sec. 1(b), 72 Stat. 933;

Oct. 5, 1961, Pub. L. 87-395, Sec. 8(b), (d), 75 Stat. 827; Oct.

17, 1962, Pub. L. 87-838, Sec. 4(b), 76 Stat. 1074; Sept. 24, 1963,

Pub. L. 88-129, Secs. 2(a), 3(a), 77 Stat. 164, 173; Aug. 9, 1965,

Pub. L. 89-115, Sec. 2(b), 79 Stat. 448; Aug. 16, 1968, Pub. L.

90-490, title IV, Sec. 401(b), 82 Stat. 789; Nov. 18, 1971, Pub. L.

92-157, title I, Sec. 102(k)(1), (2)(A), 85 Stat. 437, related to

applications for grants for construction of health research

facilities, providing for time of filing, eligibility,

recommendation and approval and requirement of findings,

conditional approval, and matters considered, prior to repeal by

Pub. L. 94-484, title II, Sec. 201(a), Oct. 12, 1976, 90 Stat.

2246.

A prior section 705 of act July 1, 1944, was classified to

section 292e of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

AMENDMENTS

1998 - Subsec. (a)(2)(C). Pub. L. 105-392 added cl. (x),

redesignated former cl. (x) as (xi) and substituted "(x)" for

"(ix)", and substituted "(xi)" for "(x)" in concluding provisions.

Pub. L. 105-244 substituted "section 1002(a)" for "section

1088(a)" in cl. (i).

1993 - Subsec. (a)(2)(H), (I). Pub. L. 103-43 redesignated

subpar. (I) as (H) and struck out former subpar. (H) which read as

follows: "notwithstanding the provisions of the Fair Debt

Collection Practices Act, authorizes an institution or postgraduate

training program attended by the borrower to assist in the

collection of any loan that becomes delinquent, including providing

information concerning the borrower to the Secretary and to past

and present lenders and holders of the borrower's loans; and".

EFFECTIVE DATE OF 1998 AMENDMENTS

Pub. L. 105-392, title I, Sec. 141(a)(3), Nov. 13, 1998, 112

Stat. 3578, provided that: "The amendments made by this subsection

[amending this section] shall apply with respect to services

provided on or after the first day of the third month that begins

after the date of the enactment of this Act [Nov. 13, 1998]."

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 238n, 292a, 292e, 292n,

292o of this title.

-FOOTNOTE-

(!1) So in original. Probably should be preceded by a closing

parenthesis.

-End-

-CITE-

42 USC Sec. 292e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

Sec. 292e. Certificate of loan insurance; effective date of

insurance

-STATUTE-

(a) In general

(1) Authority for issuance of certificate

If, upon application by an eligible lender, made upon such

form, containing such information, and supported by such evidence

as the Secretary may require, and otherwise in conformity with

this section, the Secretary finds that the applicant has made a

loan to an eligible borrower which is insurable under the

provisions of this subpart, he may issue to the applicant a

certificate of insurance covering the loan and setting forth the

amount and terms of the insurance.

(2) Effective date of insurance

Insurance evidenced by a certificate of insurance pursuant to

subsection (a)(1) of this section shall become effective upon the

date of issuance of the certificate, except that the Secretary is

authorized, in accordance with regulations, to issue commitments

with respect to proposed loans, or with respect to lines (or

proposed lines) of credit, submitted by eligible lenders, and in

that event, upon compliance with subsection (a)(1) of this

section by the lender, the certificate of insurance may be issued

effective as of the date when any loan, or any payment by the

lender pursuant to a line of credit, to be covered by such

insurance is made to a student described in section 292d(a)(1) of

this title. Such insurance shall cease to be effective upon 60

days' default by the lender in the payment of any installment of

the premiums payable pursuant to section 292g of this title.

(3) Certain agreements for lenders

An application submitted pursuant to subsection (a)(1) of this

section shall contain -

(A) an agreement by the applicant to pay, in accordance with

regulations, the premiums fixed by the Secretary pursuant to

section 292g of this title; and

(B) an agreement by the applicant that if the loan is covered

by insurance the applicant will submit such supplementary

reports and statements during the effective period of the loan

agreement, upon such forms, at such times, and containing such

information as the Secretary may prescribe by or pursuant to

regulation.

(b) Authority regarding comprehensive insurance coverage

(1) In general

In lieu of requiring a separate insurance application and

issuing a separate certificate of insurance for each loan made by

an eligible lender as provided in subsection (a) of this section,

the Secretary may, in accordance with regulations consistent with

section 292a of this title, issue to any eligible lender applying

therefor a certificate of comprehensive insurance coverage which

shall, without further action by the Secretary, insure all

insurable loans made by that lender, on or after the date of the

certificate and before a specified cutoff date, within the limits

of an aggregate maximum amount stated in the certificate. Such

regulations may provide for conditioning such insurance, with

respect to any loan, upon compliance by the lender with such

requirements (to be stated or incorporated by reference in the

certificate) as in the Secretary's judgment will best achieve the

purpose of this subsection while protecting the financial

interest of the United States and promoting the objectives of

this subpart, including (but not limited to) provisions as to the

reporting of such loans and information relevant thereto to the

Secretary and as to the payment of initial and other premiums and

the effect of default therein, and including provision for

confirmation by the Secretary from time to time (through

endorsement of the certificate) of the coverage of specific new

loans by such certificate, which confirmation shall be

incontestable by the Secretary in the absence of fraud or

misrepresentation of fact or patent error.

(2) Lines of credit beyond cutoff date

If the holder of a certificate of comprehensive insurance

coverage issued under this subsection grants to a borrower a line

of credit extending beyond the cutoff date specified in that

certificate, loans or payments thereon made by the holder after

that date pursuant to the line of credit shall not be deemed to

be included in the coverage of that certificate except as may be

specifically provided therein; but, subject to the limitations of

section 292a of this title, the Secretary may, in accordance with

regulations, make commitments to insure such future loans or

payments, and such commitments may be honored either as provided

in subsection (a) of this section or by inclusion of such

insurance in comprehensive coverage under this subsection for the

period or periods in which such future loans or payments are

made.

(c) Assignment of insurance rights

The rights of an eligible lender arising under insurance

evidenced by a certificate of insurance issued to it under this

section may be assigned by such lender, subject to regulation by

the Secretary, only to -

(1) another eligible lender (including a public entity in the

business of purchasing student loans); or

(2) the Student Loan Marketing Association.

(d) Effect of refinancing or consolidation of obligations

The consolidation of the obligations of two or more federally

insured loans obtained by a borrower in any fiscal year into a

single obligation evidenced by a single instrument of indebtedness

or the refinancing of a single loan shall not affect the insurance

by the United States. If the loans thus consolidated are covered by

separate certificates of insurance issued under subsection (a) of

this section, the Secretary may upon surrender of the original

certificates issue a new certificate of insurance in accordance

with that subsection upon the consolidated obligation. If the loans

thus consolidated are covered by a single comprehensive certificate

issued under subsection (b) of this section, the Secretary may

amend that certificate accordingly.

(e) Rule of construction regarding consolidation of debts and

refinancing

Nothing in this section shall be construed to preclude the lender

and the borrower, by mutual agreement, from consolidating all of

the borrower's loans insured under this subpart into a single

instrument (or, if the borrower obtained only 1 loan insured under

this subpart, refinancing the loan 1 time) under the terms

applicable to an insured loan made at the same time as the

consolidation. The lender or loan holder should provide full

information to the borrower concerning the advantages and

disadvantages of loan consolidation or refinancing. Nothing in this

section shall be construed to preclude the consolidation of the

borrower's loans insured under this subpart under section 1078-3 of

title 20. Any loans insured pursuant to this subpart that are

consolidated under section 1078-3 of title 20 shall not be eligible

for special allowance payments under section 1087-1 of title 20.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 706, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2000; amended

Pub. L. 105-392, title I, Sec. 145, Nov. 13, 1998, 112 Stat. 3581.)

-MISC1-

PRIOR PROVISIONS

A prior section 292e, act July 1, 1944, ch. 373, title VII, Sec.

705, as added Oct. 12, 1976, Pub. L. 94-484, title II, Sec. 204, 90

Stat. 2248; amended Nov. 9, 1978, Pub. L. 95-623, Sec. 11(f), 92

Stat. 3456; Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec. 2718,

95 Stat. 914, related to establishment and maintenance of records

and annual financial reports and audits, prior to the general

revision of this subchapter by Pub. L. 102-408.

Another prior section 292e, act July 1, 1944, ch. 373, title VII,

Sec. 706, as added July 30, 1956, 779, Sec. 2, 70 Stat. 719;

amended Oct. 5, 1961, Pub. L. 87-395, Sec. 8(c), (d), 75 Stat. 827;

Sept. 24, 1963, Pub. L. 88-129, Sec. 2(a), 77 Stat. 164; Aug. 16,

1968, Pub. L. 90-490, title IV, Sec. 402, 82 Stat. 789; Nov. 18,

1971, Pub. L. 92-157, title I, Sec. 102(k)(2)(A), (B), 85 Stat.

437, limited amount of grant available for construction of health

research facilities, including provisions relating to its maximum,

reservation of amount, manner of payment, and exclusion of amounts

granted by certain other funds, prior to repeal by Pub. L. 94-484,

title II, Sec. 201(a), Oct. 12, 1976, 90 Stat. 2246.

A prior section 706 of act July 1, 1944, was classified to

section 292f of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

Another prior section 706 of act July 1, 1944, was classified to

section 230 of this title prior to repeal by act Apr. 27, 1956, ch.

211, Sec. 5(e), 70 Stat. 117.

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-392, Sec. 145(1), in heading,

substituted "refinancing or consolidation" for "consolidation" and,

in first sentence, substituted "indebtedness or the refinancing of

a single loan" for "indebtedness".

Subsec. (e). Pub. L. 105-392, Sec. 145(2), in heading,

substituted "debts and refinancing" for "debts", in first sentence,

substituted "all of the borrower's loans insured under this subpart

into a single instrument (or, if the borrower obtained only 1 loan

insured under this subpart, refinancing the loan 1 time)" for "all

of the borrower's debts into a single instrument", and in second

sentence, substituted "consolidation or refinancing" for

"consolidation".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 292a, 292f, 300t-12 of

this title.

-End-

-CITE-

42 USC Sec. 292f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

Sec. 292f. Default of borrower

-STATUTE-

(a) Conditions for payment to beneficiary

(1) In general

Upon default by the borrower on any loan covered by Federal

loan insurance pursuant to this subpart, and after a substantial

collection effort (including, subject to subsection (h) of this

section, commencement and prosecution of an action) as determined

under regulations of the Secretary, the insurance beneficiary

shall promptly notify the Secretary and the Secretary shall, if

requested (at that time or after further collection efforts) by

the beneficiary, or may on his own motion, if the insurance is

still in effect, pay to the beneficiary the amount of the loss

sustained by the insured upon that loan as soon as that amount

has been determined, except that, if the insurance beneficiary

including any servicer of the loan is not designated for

"exceptional performance", as set forth in paragraph (2), the

Secretary shall pay to the beneficiary a sum equal to 98 percent

of the amount of the loss sustained by the insured upon that

loan.

(2) Exceptional performance

(A) Authority

Where the Secretary determines that an eligible lender,

holder, or servicer has a compliance performance rating that

equals or exceeds 97 percent, the Secretary shall designate

that eligible lender, holder, or servicer, as the case may be,

for exceptional performance.

(B) Compliance performance rating

For purposes of subparagraph (A), a compliance performance

rating is determined with respect to compliance with due

diligence in the disbursement, servicing, and collection of

loans under this subpart for each year for which the

determination is made. Such rating shall be equal to the

percentage of all due diligence requirements applicable to each

loan, on average, as established by the Secretary, with respect

to loans serviced during the period by the eligible lender,

holder, or servicer.

(C) Annual audits for lenders, holders, and servicers

Each eligible lender, holder, or servicer desiring a

designation under subparagraph (A) shall have an annual

financial and compliance audit conducted with respect to the

loan portfolio of such eligible lender, holder, or servicer, by

a qualified independent organization from a list of qualified

organizations identified by the Secretary and in accordance

with standards established by the Secretary. The standards

shall measure the lender's, holder's, or servicer's compliance

with due diligence standards and shall include a defined

statistical sampling technique designed to measure the

performance rating of the eligible lender, holder, or servicer

for the purpose of this section. Each eligible lender, holder,

or servicer shall submit the audit required by this section to

the Secretary.

(D) Secretary's determinations

The Secretary shall make the determination under subparagraph

(A) based upon the audits submitted under this paragraph and

any information in the possession of the Secretary or submitted

by any other agency or office of the Federal Government.

(E) Quarterly compliance audit

To maintain its status as an exceptional performer, the

lender, holder, or servicer shall undergo a quarterly

compliance audit at the end of each quarter (other than the

quarter in which status as an exceptional performer is

established through a financial and compliance audit, as

described in subparagraph (C)), and submit the results of such

audit to the Secretary. The compliance audit shall review

compliance with due diligence requirements for the period

beginning on the day after the ending date of the previous

audit, in accordance with standards determined by the

Secretary.

(F) Revocation authority

The Secretary shall revoke the designation of a lender,

holder, or servicer under subparagraph (A) if any quarterly

audit required under subparagraph (E) is not received by the

Secretary by the date established by the Secretary or if the

audit indicates the lender, holder, or servicer has failed to

meet the standards for designation as an exceptional performer

under subparagraph (A). A lender, holder, or servicer receiving

a compliance audit not meeting the standard for designation as

an exceptional performer may reapply for designation under

subparagraph (A) at any time.

(G) Documentation

Nothing in this section shall restrict or limit the authority

of the Secretary to require the submission of claims

documentation evidencing servicing performed on loans, except

that the Secretary may not require exceptional performers to

submit greater documentation than that required for lenders,

holders, and servicers not designated under subparagraph (A).

(H) Cost of audits

Each eligible lender, holder, or servicer shall pay for all

the costs associated with the audits required under this

section.

(I) Additional revocation authority

Notwithstanding any other provision of this section, a

designation under subparagraph (A) may be revoked at any time

by the Secretary if the Secretary determines that the eligible

lender, holder, or servicer has failed to maintain an overall

level of compliance consistent with the audit submitted by the

eligible lender, holder, or servicer under this paragraph or if

the Secretary asserts that the lender, holder, or servicer may

have engaged in fraud in securing designation under

subparagraph (A) or is failing to service loans in accordance

with program requirements.

(J) Noncompliance

A lender, holder, or servicer designated under subparagraph

(A) that fails to service loans or otherwise comply with

applicable program regulations shall be considered in violation

of the Federal False Claims Act.

(b) Subrogation

Upon payment by the Secretary of the amount of the loss pursuant

to subsection (a) of this section, the United States shall be

subrogated for all of the rights of the holder of the obligation

upon the insured loan and shall be entitled to an assignment of the

note or other evidence of the insured loan by the insurance

beneficiary. If the net recovery made by the Secretary on a loan

after deduction of the cost of that recovery (including reasonable

administrative costs) exceeds the amount of the loss, the excess

shall be paid over to the insured. The Secretary may sell without

recourse to eligible lenders (or other entities that the Secretary

determines are capable of dealing in such loans) notes or other

evidence of loans received through assignment under the first

sentence.

(c) Forbearance

Nothing in this section or in this subpart shall be construed to

preclude any forbearance for the benefit of the borrower which may

be agreed upon by the parties to the insured loan and approved by

the Secretary or to preclude forbearance by the Secretary in the

enforcement of the insured obligation after payment on that

insurance.

(d) Reasonable care and diligence regarding loans

Nothing in this section or in this subpart shall be construed to

excuse the eligible lender or holder of a federally insured loan

from exercising reasonable care and diligence in the making of

loans under the provisions of this subpart and from exercising a

substantial effort in the collection of loans under the provisions

of this subpart. If the Secretary, after reasonable notice and

opportunity for hearing to an eligible lender, finds that the

lender has failed to exercise such care and diligence, to exercise

such substantial efforts, to make the reports and statements

required under section 292e(a)(3) of this title, or to pay the

required Federal loan insurance premiums, he shall disqualify that

lender from obtaining further Federal insurance on loans granted

pursuant to this subpart until he is satisfied that its failure has

ceased and finds that there is reasonable assurance that the lender

will in the future exercise necessary care and diligence, exercise

substantial effort, or comply with such requirements, as the case

may be.

(e) Definitions

For purposes of this section:

(1) The term "insurance beneficiary" means the insured or its

authorized assignee in accordance with section 292e(c) of this

title.

(2) The term "amount of the loss" means, with respect to a

loan, unpaid balance of the principal amount and interest on such

loan, less the amount of any judgment collected pursuant to

default proceedings commenced by the eligible lender or holder

involved.

(3) The term "default" includes only such defaults as have

existed for 120 days.

(4) The term "servicer" means any agency acting on behalf of

the insurance beneficiary.

(f) Reductions in Federal reimbursements or payments for defaulting

borrowers

The Secretary shall, after notice and opportunity for a hearing,

cause to be reduced Federal reimbursements or payments for health

services under any Federal law to borrowers who are practicing

their professions and have defaulted on their loans insured under

this subpart in amounts up to the remaining balance of such loans.

Procedures for reduction of payments under the medicare program are

provided under section 1395ccc of this title. Notwithstanding such

section 1395ccc of this title, any funds recovered under this

subsection shall be deposited in the insurance fund established

under section 292i of this title.

(g) Conditions for discharge of debt in bankruptcy

Notwithstanding any other provision of Federal or State law, a

debt that is a loan insured under the authority of this subpart may

be released by a discharge in bankruptcy under any chapter of title

11, only if such discharge is granted -

(1) after the expiration of the seven-year period beginning on

the first date when repayment of such loan is required, exclusive

of any period after such date in which the obligation to pay

installments on the loan is suspended;

(2) upon a finding by the Bankruptcy Court that the

nondischarge of such debt would be unconscionable; and

(3) upon the condition that the Secretary shall not have waived

the Secretary's rights to apply subsection (f) of this section to

the borrower and the discharged debt.

(h) Requirement regarding actions for default

(1) In general

With respect to the default by a borrower on any loan covered

by Federal loan insurance under this subpart, the Secretary

shall, under subsection (a) of this section, require an eligible

lender or holder to commence and prosecute an action for such

default unless -

(A) in the determination of the Secretary -

(i) the eligible lender or holder has made reasonable

efforts to serve process on the borrower involved and has

been unsuccessful with respect to such efforts, or

(ii) prosecution of such an action would be fruitless

because of the financial or other circumstances of the

borrower;

(B) for such loans made before November 4, 1988, the loan

involved was made in an amount of less than $5,000; or

(C) for such loans made after November 4, 1988, the loan

involved was made in an amount of less than $2,500.

(2) Relationship to claim for payment

With respect to an eligible lender or holder that has commenced

an action pursuant to subsection (a) of this section, the

Secretary shall make the payment required in such subsection, or

deny the claim for such payment, not later than 60 days after the

date on which the Secretary determines that the lender or holder

has made reasonable efforts to secure a judgment and collect on

the judgment entered into pursuant to this subsection.

(3) State court judgments

With respect to any State court judgment that is obtained by a

lender or holder against a borrower for default on a loan insured

under this subpart and that is subrogated to the United States

under subsection (b) of this section, any United States attorney

may register such judgment with the Federal courts for

enforcement.

(i) Inapplicability of Federal and State statute of limitations on

actions for loan collection

Notwithstanding any other provision of Federal or State law,

there shall be no limitation on the period within which suit may be

filed, a judgment may be enforced, or an offset, garnishment, or

other action may be initiated or taken by the Secretary, the

Attorney General, or other administrative head of another Federal

agency, as the case may be, for the repayment of the amount due

from a borrower on a loan made under this subpart that has been

assigned to the Secretary under subsection (b) of this section.

(j) School collection assistance

An institution or postgraduate training program attended by a

borrower may assist in the collection of any loan of that borrower

made under this subpart which becomes delinquent, including

providing information concerning the borrower to the Secretary and

to past and present lenders and holders of the borrower's loans,

contacting the borrower in order to encourage repayment, and

withholding services in accordance with regulations issued by the

Secretary under section 292n(a)(7) of this title. The institution

or postgraduate training program shall not be subject to section

1692g of title 15 for purposes of carrying out activities

authorized by this section.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 707, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2002; amended

Pub. L. 103-43, title XX, Sec. 2014(a)(2), June 10, 1993, 107 Stat.

215; Pub. L. 105-392, title I, Secs. 142(a), (b), 144(a), Nov. 13,

1998, 112 Stat. 3579, 3581.)

-REFTEXT-

REFERENCES IN TEXT

The Federal False Claims Act, referred to in subsec. (a)(2)(J),

probably means the False Claims Act which was the popular name for

sections 231, 232, 233, and 235 of former Title 31, Money and

Finance. Sections 231, 232, 233, and 235 were repealed by Pub. L.

97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1084, and reenacted by

the first section thereof as sections 3729 to 3731 of Title 31,

Money and Finance.

-MISC1-

PRIOR PROVISIONS

A prior section 292f, act July 1, 1944, ch. 373, title VII, Sec.

706, as added Oct. 12, 1976, Pub. L. 94-484, title II, Sec. 204, 90

Stat. 2249, authorized contracts under this subchapter without

regard to certain provisions, prior to the general revision of this

subchapter by Pub. L. 102-408.

Another prior section 292f, act July 1, 1944, ch. 373, title VII,

Sec. 707, as added July 30, 1956, ch. 779, Sec. 2, 70 Stat. 720;

amended Oct. 5, 1961, Pub. L. 87-395, Sec. 8(d), 75 Stat. 827;

Sept. 24, 1963, Pub. L. 88-129, Sec. 2(a), 77 Stat. 164; Nov. 18,

1971, Pub. L. 92-157, title I, Sec. 102(k)(2)(A), 85 Stat. 437,

provided for recapture of payments relating to grants for

construction of health research facilities, prior to repeal by Pub.

L. 94-484, title II, Sec. 201(a), Oct. 12, 1976, 90 Stat. 2246.

A prior section 707 of act July 1, 1944, was classified to

section 292g of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-392, Sec. 142(a), designated

existing provisions as par. (1), inserted heading, substituted

"determined, except that, if the insurance beneficiary including

any servicer of the loan is not designated for 'exceptional

performance', as set forth in paragraph (2), the Secretary shall

pay to the beneficiary a sum equal to 98 percent of the amount of

the loss sustained by the insured upon that loan." for

"determined.", struck out at end "Not later than one year after

October 13, 1992, the Secretary shall establish performance

standards for lenders and holders of loans under this subpart,

including fees to be imposed for failing to meet such standards.",

and added par. (2).

Subsec. (e)(4). Pub. L. 105-392, Sec. 142(b), added par. (4).

Subsec. (g). Pub. L. 105-392, Sec. 144(a), substituted

"Notwithstanding any other provision of Federal or State law, a

debt that is a loan insured" for "A debt which is a loan insured"

in introductory provisions.

1993 - Subsec. (g)(1). Pub. L. 103-43, Sec. 2014(a)(2)(A),

amended par. (1) generally. Prior to amendment, par. (1) read as

follows: "after the expiration of the five-year period beginning on

the first date, as specified in subparagraphs (B) and (C) of

section 292d(a)(2) of this title, when repayment of such loan is

required;".

Subsec. (j). Pub. L. 103-43, Sec. 2014(a)(2)(B), added subsec.

(j).

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-392, title I, Sec. 142(c), Nov. 13, 1998, 112 Stat.

3581, provided that: "The amendments made by subsections (a) and

(b) [amending this section] shall apply with respect to loans

submitted to the Secretary for payment on or after the first day of

the sixth month that begins after the date of enactment of this Act

[Nov. 13, 1998]."

Pub. L. 105-392, title I, Sec. 144(b), Nov. 13, 1998, 112 Stat.

3581, provided that: "The amendment made by subsection (a)

[amending this section] shall apply to any loan insured under the

authority of subpart I of part A of title VII of the Public Health

Service Act (42 U.S.C. 292 et seq.) that is listed or scheduled by

the debtor in a case under title XI, United States Code [Title 11,

Bankruptcy], filed -

"(1) on or after the date of enactment of this Act [Nov. 13,

1998]; or

"(2) prior to such date of enactment in which a discharge has

not been granted."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 292b, 292o of this title.

-End-

-CITE-

42 USC Sec. 292g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

Sec. 292g. Risk-based premiums

-STATUTE-

(a) Authority

With respect to a loan made under this subpart on or after

January 1, 1993, the Secretary, in accordance with subsection (b)

of this section, shall assess a risk-based premium on an eligible

borrower and, if required under this section, an eligible

institution that is based on the default rate of the eligible

institution involved (as defined in section 292o of this title).

(b) Assessment of premium

Except as provided in subsection (d)(2) of this section, the

risk-based premium to be assessed under subsection (a) of this

section shall be as follows:

(1) Low-risk rate

With respect to an eligible borrower seeking to obtain a loan

for attendance at an eligible institution that has a default rate

of not to exceed five percent, such borrower shall be assessed a

risk-based premium in an amount equal to 6 percent of the

principal amount of the loan.

(2) Medium-risk rate

(A) In general

With respect to an eligible borrower seeking to obtain a loan

for attendance at an eligible institution that has a default

rate of in excess of five percent but not to exceed 10 percent

-

(i) such borrower shall be assessed a risk-based premium in

an amount equal to 8 percent of the principal amount of the

loan; and

(ii) such institution shall be assessed a risk-based

premium in an amount equal to 5 percent of the principal

amount of the loan.

(B) Default management plan

An institution of the type described in subparagraph (A)

shall prepare and submit to the Secretary for approval, an

annual default management plan, that shall specify the detailed

short-term and long-term procedures that such institution will

have in place to minimize defaults on loans to borrowers under

this subpart. Under such plan the institution shall, among

other measures, provide an exit interview to all borrowers that

includes information concerning repayment schedules, loan

deferments, forbearance, and the consequences of default.

(3) High-risk rate

(A) In general

With respect to an eligible borrower seeking to obtain a loan

for attendance at an eligible institution that has a default

rate of in excess of 10 percent but not to exceed 20 percent -

(i) such borrower shall be assessed a risk-based premium in

an amount equal to 8 percent of the principal amount of the

loan; and

(ii) such institution shall be assessed a risk-based

premium in an amount equal to 10 percent of the principal

amount of the loan.

(B) Default management plan

An institution of the type described in subparagraph (A)

shall prepare and submit to the Secretary for approval a plan

that meets the requirements of paragraph (2)(B).

(4) Ineligibility

An individual shall not be eligible to obtain a loan under this

subpart for attendance at an institution that has a default rate

in excess of 20 percent.

(c) Reduction of risk-based premium

Lenders shall reduce by 50 percent the risk-based premium to

eligible borrowers if a credit worthy parent or other responsible

party co-signs the loan note.

(d) Administrative waivers

(1) Hearing

The Secretary shall afford an institution not less than one

hearing, and may consider mitigating circumstances, prior to

making such institution ineligible for participation in the

program under this subpart.

(2) Exceptions

In carrying out this section with respect to an institution,

the Secretary may grant an institution a waiver of requirements

of paragraphs (2) through (4) of subsection (b) of this section

if the Secretary determines that the default rate for such

institution is not an accurate indicator because the volume of

the loans under this subpart made by such institution has been

insufficient.

(3) Transition for certain institutions

During the 3-year period beginning on October 13, 1992 -

(A) subsection (b)(4) of this section shall not apply with

respect to any eligible institution that is a Historically

Black College or University; and

(B) any such institution that has a default rate in excess of

20 percent, and any eligible borrower seeking a loan for

attendance at the institution, shall be subject to subsection

(b)(3) of this section to the same extent and in the same

manner as eligible institutions and borrowers described in such

subsection.

(e) Payoff to reduce risk category

An institution may pay off the outstanding principal and interest

owed by the borrowers of such institution who have defaulted on

loans made under this subpart in order to reduce the risk category

of the institution.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 708, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2004.)

-MISC1-

PRIOR PROVISIONS

A prior section 292g, act July 1, 1944, ch. 373, title VII, Sec.

707, as added Oct. 12, 1976, Pub. L. 94-484, title II, Sec. 205, 90

Stat. 2249; amended Aug. 1, 1977, Pub. L. 95-83, title III, Sec.

307(r), 91 Stat. 395, related to delegation of authority by the

Secretary, prior to the general revision of this subchapter by Pub.

L. 102-408.

Another prior section 292g, act July 1, 1944, ch. 373, title VII,

Sec. 708, as added July 30, 1956, ch. 779, Sec. 2, 70 Stat. 720;

amended Oct. 5, 1961, Pub. L. 87-395, Sec. 8(d), 75 Stat. 827;

Sept. 24, 1963, Pub. L. 88-129, Sec. 2(a), 77 Stat. 164, prohibited

Federal interference with administration of institutions where

grants were made for construction of health research facilities,

prior to repeal by Pub. L. 94-484, title II, Sec. 201(a), Oct. 12,

1976, 90 Stat. 2246.

A prior section 708 of act July 1, 1944, was classified to

section 292h of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

EFFECTIVE DATE

Section effective Jan. 1, 1993, and until such date, former

section 294e(c) of this title, as in effect on the day before Oct.

13, 1992, to continue in effect in lieu of this section, see

section 103 of Pub. L. 102-408, set out as a note under section 292

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 292e of this title.

-End-

-CITE-

42 USC Sec. 292h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

Sec. 292h. Office for Health Education Assistance Loan Default

Reduction

-STATUTE-

(a) Establishment

The Secretary shall establish, within the Division of Student

Assistance of the Bureau of Health Professions, an office to be

known as the Office for Health Education Assistance Loan Default

Reduction (in this section referred to as the "Office").

(b) Purpose and functions

It shall be the purpose of the Office to achieve a reduction in

the number and amounts of defaults on loans guaranteed under this

subpart. In carrying out such purpose the Office shall -

(1) conduct analytical and evaluative studies concerning loans

and loan defaults;

(2) carry out activities designed to reduce loan defaults;

(3) respond to special circumstances that may exist in the

financial lending environment that may lead to loan defaults;

(4) coordinate with other Federal entities that are involved

with student loan programs, including -

(A) with respect to the Department of Education, in the

development of a single student loan application form, a single

student loan deferment form, a single disability form, and a

central student loan database; and

(B) with respect to the Department of Justice, in the

recovery of payments from health professionals who have

defaulted on loans guaranteed under this subpart; and

(5) provide technical assistance to borrowers, lenders,

holders, and institutions concerning deferments and collection

activities.

(c) Additional duties

In conjunction with the report submitted under subsection (b) of

this section, the Office shall -

(1) compile, and publish in the Federal Register, a list of the

borrowers who are in default under this subpart; and

(2) send the report and notices of default with respect to

these borrowers to relevant Federal agencies and to schools,

school associations, professional and specialty associations,

State licensing boards, hospitals with which such borrowers may

be associated, and any other relevant organizations.

(d) Allocation of funds for Office

In the case of amounts reserved under section 292i(a)(2)(B) of

this title for obligation under this subsection, the Secretary may

obligate the amounts for the purpose of administering the Office,

including 7 full-time equivalent employment positions for such

Office. With respect to such purpose, amounts made available under

the preceding sentence are in addition to amounts made available to

the Health Resources and Services Administration for program

management for the fiscal year involved. With respect to such

employment positions, the positions are in addition to the number

of full-time equivalent employment positions that otherwise is

authorized for the Department of Health and Human Services for the

fiscal year involved.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 709, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2006; amended

Pub. L. 105-392, title I, Sec. 141(b), Nov. 13, 1998, 112 Stat.

3579.)

-MISC1-

PRIOR PROVISIONS

A prior section 292h, act July 1, 1944, ch. 373, title VII, Sec.

708, as added Oct. 12, 1976, Pub. L. 94-484, title II, Sec. 206, 90

Stat. 2250; amended Aug. 1, 1977, Pub. L. 95-83, title III, Sec.

307(a), 91 Stat. 389; Nov. 9, 1978, Pub. L. 95-623, Sec. 12(a), 92

Stat. 3457; Dec. 11, 1980, Pub. L. 96-511, Sec. 4(c), 94 Stat.

2826; Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec. 2719, 95

Stat. 914; Oct. 22, 1985, Pub. L. 99-129, title II, Sec. 220(b), 99

Stat. 543; Nov. 4, 1988, Pub. L. 100-607, title VI, Secs.

616(c)(1), 626, 102 Stat. 3139, 3144; Nov. 18, 1988, Pub. L.

100-690, title II, Sec. 2615(a), 102 Stat. 4239; Aug. 16, 1989,

Pub. L. 101-93, Sec. 5(m), 103 Stat. 613, related to health

professions data, prior to the general revision of this subchapter

by Pub. L. 102-408. See section 295k of this title.

Another prior section 292h, act July 1, 1944, ch. 373, title VII,

Sec. 709, as added July 30, 1956, ch. 779, Sec. 2, 70 Stat. 720;

amended Sept. 24, 1963, Pub. L. 88-129, Sec. 2(a), 77 Stat. 164;

Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 102(k)(2)(C), 85 Stat.

437, provided for issuance of general, administrative, and other

regulations for implementation of grants for construction of health

research facilities, prior to repeal by Pub. L. 94-484, title II,

Sec. 201(a), Oct. 12, 1976, 90 Stat. 2246.

A prior section 709 of act July 1, 1944, was classified to

section 292i of this title prior to repeal by Pub. L. 97-35, title

XXVII, Sec. 2720(a), Aug. 13, 1981, 95 Stat. 915.

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-392 inserted "and" at end of par.

(4)(B), substituted a period for "; and" at end of par. (5), and

struck out par. (6) which read as follows: "prepare and submit a

report not later than March 31, 1993, and annually, thereafter, to

the Committee on Labor and Human Resources of the Senate and the

Committee on Energy and Commerce of the House of Representatives

concerning -

"(A) the default rates for each -

"(i) institution described in section 292o(1) of this title

that is participating in the loan programs under this subpart;

"(ii) lender participating in the loan program under this

subpart; and

"(iii) loan holder under this subpart;

"(B) the total amounts recovered pursuant to section 292f(b) of

this title during the preceding fiscal year; and

"(C) a plan for improving the extent of such recoveries during

the current fiscal year."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 292i of this title.

-End-

-CITE-

42 USC Sec. 292i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

Sec. 292i. Insurance account

-STATUTE-

(a) In general

(1) Establishment

There is hereby established a student loan insurance account

(in this section referred to as the "Account") which shall be

available without fiscal year limitation to the Secretary for

making payments in connection with the collection and default of

loans insured under this subpart by the Secretary.

(2) Funding

(A) Except as provided in subparagraph (B), all amounts

received by the Secretary as premium charges for insurance and as

receipts, earnings, or proceeds derived from any claim or other

assets acquired by the Secretary in connection with his

operations under this subpart, and any other moneys, property, or

assets derived by the Secretary from the operations of the

Secretary in connection with this section, shall be deposited in

the Account.

(B) With respect to amounts described in subparagraph (A) that

are received by the Secretary for fiscal year 1993 and subsequent

fiscal years, the Secretary may, before depositing such amounts

in the Account, reserve from the amounts each such fiscal year

not more than $1,000,000 for obligation under section 292h(d) of

this title.

(3) Expenditures

All payments in connection with the default of loans insured by

the Secretary under this subpart shall be paid from the Account.

(b) Contingent authority for issuance of notes or other obligations

If at any time the moneys in the Account are insufficient to make

payments in connection with the collection or default of any loan

insured by the Secretary under this subpart, the Secretary of the

Treasury may lend the Account such amounts as may be necessary to

make the payments involved, subject to the Federal Credit Reform

Act of 1990 [2 U.S.C. 661 et seq.].

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 710, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2007; amended

Pub. L. 105-392, title I, Sec. 143, Nov. 13, 1998, 112 Stat. 3581.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Credit Reform Act of 1990, referred to in subsec.

(b), is title V of Pub. L. 93-344, as added by Pub. L. 101-508,

title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-609, which

is classified generally to subchapter III (Sec. 661 et seq.) of

chapter 17A of Title 2, The Congress. For complete classification

of this Act to the Code, see Short Title of 1990 Amendment note set

out under section 621 of Title 2 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 292i, act July 1, 1944, ch. 373, title VII, Sec.

709, as added Oct. 12, 1976, Pub. L. 94-484, title II, Sec. 207, 90

Stat. 2252; amended Nov. 9, 1978, Pub. L. 95-623, Sec. 12(b), 92

Stat. 3457, related to shared schedule residency training

positions, prior to repeal by Pub. L. 97-35, title XXVII, Sec.

2720(a), Aug. 13, 1981, 95 Stat. 915.

Another prior section 292i, act July 1, 1944, ch. 373, title VII,

Sec. 710, as added July 30, 1956, ch. 779, Sec. 2, 70 Stat. 720;

amended Sept. 24, 1963, Pub. L. 88-129, Sec. 2(a), 77 Stat. 164;

Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 102(k)(2)(A), 85 Stat.

437, related to preparation and submission of annual reports to the

Congress through the President, including its contents, as to

grants for construction of health research facilities, prior to

repeal by Pub. L. 94-484, title II, Sec. 201(a), Oct. 12, 1976, 90

Stat. 2246.

A prior section 710 of act July 1, 1944, was classified to

section 292k of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

Another prior section 710 of act July 1, 1944, was renumbered

section 709 by Pub. L. 97-35 and was classified to section 292j of

this title prior to the general revision of this subchapter by Pub.

L. 102-408.

AMENDMENTS

1998 - Subsec. (a)(2)(B). Pub. L. 105-392 substituted "fiscal

year 1993 and subsequent fiscal years" for "any of the fiscal years

1993 through 1996".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 292f, 292h, 292m of this

title; title 20 section 1078-3.

-End-

-CITE-

42 USC Sec. 292j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

Sec. 292j. Powers and responsibilities of Secretary

-STATUTE-

(a) In general

In the performance of, and with respect to, the functions,

powers, and duties vested in the Secretary by this subpart, the

Secretary is authorized as follows:

(1) To prescribe such regulations as may be necessary to carry

out the purposes of this subpart.

(2) To sue and be sued in any district court of the United

States. Such district courts shall have jurisdiction of civil

actions arising under this subpart without regard to the amount

in controversy, and any action instituted under this subsection

by or against the Secretary shall survive notwithstanding any

change in the person occupying the office of Secretary or any

vacancy in that office. No attachment, injunction, garnishment,

or other similar process, mesne or final, shall be issued against

the Secretary or property under the control of the Secretary.

Nothing herein shall be constructed to except litigation arising

out of activities under this subpart from the application of

sections 517 and 547 of title 28.

(3) To include in any contract for Federal loan insurance such

terms, conditions, and covenants relating to repayment of

principal and payments of interest, relating to his obligations

and rights and to those of eligible lenders, and borrowers in

case of default, and relating to such other matters as the

Secretary determines to be necessary to assure that the purposes

of this subpart will be achieved. Any term, condition, and

covenant made pursuant to this paragraph or any other provisions

of this subpart may be modified by the Secretary if the Secretary

determines that modification is necessary to protect the

financial interest of the United States.

(4) Subject to the specific limitations in the subpart, to

consent to the modification of any note or other instrument

evidencing a loan which has been insured by him under this

subpart (including modifications with respect to the rate of

interest, time of payment of any installment of principal and

interest or any portion thereof, or any other provision).

(5) To enforce, pay, compromise, waive, or release any right,

title, claim, lien, or demand, however acquired, including any

equity or any right or (!1) redemption.

(b) Annual budget; accounts

The Secretary shall, with respect to the financial operations

arising by reason of this subpart -

(1) prepare annually and submit a budget program as provided

for wholly owned Government corporations by chapter 91 of title

31; and

(2) maintain with respect to insurance under this subpart an

integral set of accounts.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 711, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2007.)

-COD-

CODIFICATION

In subsec. (b)(1), "chapter 91 of title 31" was substituted for

"the Government Corporation Control Act" on authority of Pub. L.

97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section

of which enacted Title 31, Money and Finance.

-MISC1-

PRIOR PROVISIONS

A prior section 292j, act July 1, 1944, ch. 373, title VII, Sec.

709, formerly Sec. 710, as added Oct. 12, 1976, Pub. L. 94-484,

title II, Sec. 208, 90 Stat. 2252; renumbered Sec. 709 and amended

Aug. 13, 1981, Pub. L. 97-35, title XXVII, Secs. 2720(b), 2721, 95

Stat. 915; Oct. 22, 1985, Pub. L. 99-129, title II, Sec. 206, 99

Stat. 527, related to payment under grants, prior to the general

revision of this subchapter by Pub. L. 102-408.

Another prior section 292j, act July 1, 1944, ch. 373, title VII,

Sec. 711, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 3(b), 77

Stat. 173; amended Nov. 18, 1971, Pub. L. 92-157, title I, Sec.

102(k)(2)(A), 85 Stat. 437, provided for technical assistance in

connection with grants for construction of health research

facilities, prior to repeal by Pub. L. 94-484, title II, Sec.

201(a), Oct. 12, 1976, 90 Stat. 2246.

-FOOTNOTE-

(!1) So in original. Probably should be "of".

-End-

-CITE-

42 USC Sec. 292k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

Sec. 292k. Participation by Federal credit unions in Federal,

State, and private student loan insurance programs

-STATUTE-

Notwithstanding any other provision of law, Federal credit unions

shall, pursuant to regulations of the Administrator of the National

Credit Union Administration, have power to make insured loans to

eligible students in accordance with the provisions of this subpart

relating to Federal insured loans.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 712, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2008.)

-MISC1-

PRIOR PROVISIONS

A prior section 292k, act July 1, 1944, ch. 373, title VII, Sec.

710, formerly Sec. 711, as added Oct. 12, 1976, Pub. L. 94-484,

title II, Sec. 209, 90 Stat. 2253; renumbered Sec. 710 and amended

Aug. 13, 1981, Pub. L. 97-35, title XXVII, Secs. 2720(b), 2722, 95

Stat. 915, related to differential tuition and fees, prior to the

general revision of this subchapter by Pub. L. 102-408.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 254l of this title.

-End-

-CITE-

42 USC Sec. 292l 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

Sec. 292l. Determination of eligible students

-STATUTE-

For purposes of determining eligible students under this part, in

the case of a public school in a State that offers an accelerated,

integrated program of study combining undergraduate premedical

education and medical education leading to advanced entry, by

contractual agreement, into an accredited four-year school of

medicine which provides the remaining training leading to a degree

of doctor of medicine, whenever in this part a provision refers to

a student at a school of medicine, such reference shall include

only a student enrolled in any of the last four years of such

accelerated, integrated program of study.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 713, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2008.)

-End-

-CITE-

42 USC Sec. 292m 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

Sec. 292m. Repayment by Secretary of loans of deceased or disabled

borrowers

-STATUTE-

If a borrower who has received a loan dies or becomes permanently

and totally disabled (as determined in accordance with regulations

of the Secretary), the Secretary shall discharge the borrower's

liability on the loan by repaying the amount owed on the loan from

the account established under section 292i of this title.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 714, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2008.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 292b of this title.

-End-

-CITE-

42 USC Sec. 292n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

Sec. 292n. Additional requirements for institutions and lenders

-STATUTE-

(a) In general

Notwithstanding any other provision of this subpart, the

Secretary is authorized to prescribe such regulations as may be

necessary to provide for -

(1) a fiscal audit of an eligible institution with regard to

any funds obtained from a borrower who has received a loan

insured under this subpart;

(2) the establishment of reasonable standards of financial

responsibility and appropriate institutional capability for the

administration by an eligible institution of a program of student

financial aid with respect to funds obtained from a student who

has received a loan insured under this subpart;

(3) the limitation, suspension, or termination of the

eligibility under this subpart of any otherwise eligible

institution, whenever the Secretary has determined, after notice

and affording an opportunity for hearing, that such institution

has violated or failed to carry out any regulation prescribed

under this subpart;

(4) the collection of information from the borrower, lender, or

eligible institution to assure compliance with the provisions of

section 292d of this title;

(5) the assessing of tuition or fees to borrowers in amounts

that are the same or less than the amount of tuition and fees

assessed to nonborrowers;

(6) the submission, by the institution or the lender to the

Office of Health Education Assistance Loan Default Reduction, of

information concerning each loan made under this subpart,

including the date when each such loan was originated, the date

when each such loan is sold, the identity of the loan holder and

information concerning a change in the borrower's status;

(7) the withholding of services, including academic

transcripts, financial aid transcripts, and alumni services, by

an institution from a borrower upon the default of such borrower

of a loan under this subpart, except in case of a borrower who

has filed for bankruptcy; and

(8) the offering, by the lender to the borrower, of a variety

of repayment options, including fixed-rate, graduated repayment

with negative amortization permitted, and income dependent

payments for a limited period followed by level monthly payments.

(b) Recording by institution of information on students

The Secretary shall require an eligible institution to record,

and make available to the lender and to the Secretary upon request,

the name, address, postgraduate destination, and other reasonable

identifying information for each student of such institution who

has a loan insured under this subpart.

(c) Workshop for student borrowers

Each participating eligible institution must have, at the

beginning of each academic year, a workshop concerning the

provisions of this subpart that all student borrowers shall be

required to attend.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 715, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2009.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 292f of this title.

-End-

-CITE-

42 USC Sec. 292o 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

Sec. 292o. Definitions

-STATUTE-

For purposes of this subpart:

(1) The term "eligible institution" means, with respect to a

fiscal year, a school of medicine, osteopathic medicine,

dentistry, veterinary medicine, optometry, podiatric medicine,

pharmacy, public health, allied health, or chiropractic, or a

graduate program in health administration or behavioral and

mental health practice, including clinical psychology.

(2) The term "eligible lender" means an eligible institution

that became a lender under this subpart prior to September 15,

1992, an agency or instrumentality of a State, a financial or

credit institution (including an insurance company) which is

subject to examination and supervision by an agency of the United

States or of any State, a pension fund approved by the Secretary

for this purpose, or a nonprofit private entity designated by the

State, regulated by the State, and approved by the Secretary.

(3) The term "line of credit" means an arrangement or agreement

between the lender and the borrower whereby a loan is paid out by

the lender to the borrower in annual installments, or whereby the

lender agrees to make, in addition to the initial loan,

additional loans in subsequent years.

(4) The term "school of allied health" means a program in a

school of allied health (as defined in section 295p of this

title) which leads to a masters' degree or a doctoral degree.

(5)(A) The term "default rate", in the case of an eligible

entity, means the percentage constituted by the ratio of -

(i) the principal amount of loans insured under this subpart

-

(I) that are made with respect to the entity and that enter

repayment status after April 7, 1987; and

(II) for which amounts have been paid under section 292f(a)

of this title to insurance beneficiaries, exclusive of any

loan for which amounts have been so paid as a result of the

death or total and permanent disability of the borrower;

exclusive of any loan for which the borrower begins payments

to the Secretary on the loan pursuant to section 292f(b) of

this title and maintains payments for 12 consecutive months

in accordance with the agreement involved (with the loan

subsequently being included or excluded, as the case may be,

as amounts paid under section 292f(a) of this title according

to whether further defaults occur and whether with respect to

the default involved compliance with such requirement

regarding 12 consecutive months occurs); and exclusive of any

loan on which payments may not be recovered by reason of the

obligation under the loan being discharged in bankruptcy

under title 11; to

(ii) the total principal amount of loans insured under this

subpart that are made with respect to the entity and that enter

repayment status after April 7, 1987.

(B) For purposes of subparagraph (A), a loan insured under this

subpart shall be considered to have entered repayment status if

the applicable period described in subparagraph (B) of section

292d(a)(2) of this title regarding the loan has expired (without

regard to whether any period described in subparagraph (C) of

such section is applicable regarding the loan).

(C) For purposes of subparagraph (A), the term "eligible

entity" means an eligible institution, an eligible lender, or a

holder, as the case may be.

(D) For purposes of subparagraph (A), a loan is made with

respect to an eligible entity if -

(i) in the case of an eligible institution, the loan was made

to students of the institution;

(ii) in the case of an eligible lender, the loan was made by

the lender; and

(iii) in the case of a holder, the loan was purchased by the

holder.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 719, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2009; amended

Pub. L. 105-392, title I, Sec. 141(c)(2), Nov. 13, 1998, 112 Stat.

3579.)

-MISC1-

AMENDMENTS

1998 - Par. (1). Pub. L. 105-392 substituted "or behavioral and

mental health practice, including clinical psychology" for "or

clinical psychology".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 292, 292a, 292g of this

title.

-End-

-CITE-

42 USC Sec. 292p 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart i - insured health education assistance loans to graduate

students

-HEAD-

Sec. 292p. Authorization of appropriations

-STATUTE-

(a) In general

For fiscal year 1993 and subsequent fiscal years, there are

authorized to be appropriated such sums as may be necessary for the

adequacy of the student loan insurance account under this subpart

and for the purpose of administering this subpart.

(b) Availability of sums

Sums appropriated under subsection (a) of this section shall

remain available until expended.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 720, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2011.)

-MISC1-

PRIOR PROVISIONS

A prior section 720 of act July 1, 1944, was classified to

section 293 of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

-End-

-CITE-

42 USC subpart ii - federally-supported student loan

funds 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart ii - federally-supported student loan funds

-HEAD-

SUBPART II - FEDERALLY-SUPPORTED STUDENT LOAN FUNDS

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in title 20 section 1078-3.

-End-

-CITE-

42 USC Sec. 292q 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart ii - federally-supported student loan funds

-HEAD-

Sec. 292q. Agreements for operation of school loan funds

-STATUTE-

(a) Fund agreements

The Secretary is authorized to enter into an agreement for the

establishment and operation of a student loan fund in accordance

with this subpart with any public or other nonprofit school of

medicine, osteopathic medicine, dentistry, pharmacy, podiatric

medicine, optometry, or veterinary medicine.

(b) Requirements

Each agreement entered into under this section shall -

(1) provide for establishment of a student loan fund by the

school;

(2) provide for deposit in the fund of -

(A) the Federal capital contributions to the fund;

(B) an amount equal to not less than one-ninth of such

Federal capital contributions, contributed by such institution;

(C) collections of principal and interest on loans made from

the fund;

(D) collections pursuant to section 292r(j) of this title;

and

(E) any other earnings of the fund;

(3) provide that the fund shall be used only for loans to

students of the school in accordance with the agreement and for

costs of collection of such loans and interest thereon;

(4) provide that loans may be made from such funds only to

students pursuing a full-time course of study at the school

leading to a degree of doctor of medicine, doctor of dentistry or

an equivalent degree, doctor of osteopathy, bachelor of science

in pharmacy or an equivalent degree, doctor of pharmacy or an

equivalent degree, doctor of podiatric medicine or an equivalent

degree, doctor of optometry or an equivalent degree, or doctor of

veterinary medicine or an equivalent degree;

(5) provide that the school shall advise, in writing, each

applicant for a loan from the student loan fund of the provisions

of section 292r of this title under which outstanding loans from

the student loan fund may be paid (in whole or in part) by the

Secretary; and

(6) contain such other provisions as are necessary to protect

the financial interests of the United States.

(c) Failure of school to collect loans

(1) In general

Any standard established by the Secretary by regulation for the

collection by schools of medicine, osteopathic medicine,

dentistry, pharmacy, podiatric medicine, optometry, or veterinary

medicine of loans made pursuant to loan agreements under this

subpart shall provide that the failure of any such school to

collect such loans shall be measured in accordance with this

subsection. This subsection may not be construed to require such

schools to reimburse the student loan fund under this subpart for

loans that became uncollectible prior to August 1985 or to

penalize such schools with respect to such loans.

(2) Extent of failure

The measurement of a school's failure to collect loans made

under this subpart shall be the ratio (stated as a percentage)

that the defaulted principal amount outstanding of such school

bears to the matured loans of such school.

(3) Definitions

For purposes of this subsection:

(A) The term "default" means the failure of a borrower of a

loan made under this subpart to -

(i) make an installment payment when due; or

(ii) comply with any other term of the promissory note for

such loan,

except that a loan made under this subpart shall not be

considered to be in default if the loan is discharged in

bankruptcy or if the school reasonably concludes from written

contracts with the borrower that the borrower intends to repay

the loan.

(B) The term "defaulted principal amount outstanding" means

the total amount borrowed from the loan fund of a school that

has reached the repayment stage (minus any principal amount

repaid or canceled) on loans -

(i) repayable monthly and in default for at least 120 days;

and

(ii) repayable less frequently than monthly and in default

for at least 180 days;

(C) The term "grace period" means the period of one year

beginning on the date on which the borrower ceases to pursue a

full-time course of study at a school of medicine, osteopathic

medicine, dentistry, pharmacy, podiatric medicine, optometry,

or veterinary medicine; and

(D) The term "matured loans" means the total principal amount

of all loans made by a school under this subpart minus the

total principal amount of loans made by such school to students

who are -

(i) enrolled in a full-time course of study at such school;

or

(ii) in their grace period.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 721, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2011.)

-MISC1-

PRIOR PROVISIONS

A prior section 721 of act July 1, 1944, was classified to

section 293a of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 292r, 292s, 292t, 292v,

292x, 292y, 295o-1 of this title.

-End-

-CITE-

42 USC Sec. 292r 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart ii - federally-supported student loan funds

-HEAD-

Sec. 292r. Loan provisions

-STATUTE-

(a) Amount of loan

(1) In general

Loans from a student loan fund (established under an agreement

with a school under section 292q of this title) may not, subject

to paragraph (2), exceed for any student for a school year (or

its equivalent) the cost of attendance (including tuition, other

reasonable educational expenses, and reasonable living costs) for

that year at the educational institution attended by the student

(as determined by such educational institution).

(2) Third and fourth years of medical school

For purposes of paragraph (1), the amount of the loan may, in

the case of the third or fourth year of a student at a school of

medicine or osteopathic medicine, be increased to the extent

necessary to pay the balances of loans that, from sources other

than the student loan fund under section 292q of this title, were

made to the individual for attendance at the school. The

authority to make such an increase is subject to the school and

the student agreeing that such amount (as increased) will be

expended to pay such balances.

(b) Terms and conditions

Subject to section 292s of this title, any such loans shall be

made on such terms and conditions as the school may determine, but

may be made only to a student -

(1) who is in need of the amount thereof to pursue a full-time

course of study at the school leading to a degree of doctor of

medicine, doctor of dentistry or an equivalent degree, doctor of

osteopathy, bachelor of science in pharmacy or an equivalent

degree, doctor of pharmacy or an equivalent degree, doctor of

podiatric medicine or an equivalent degree, doctor of optometry

or an equivalent degree, or doctor of veterinary medicine or an

equivalent degree; and

(2) who, if required under section 453 of title 50, Appendix,

to present himself for and submit to registration under such

section, has presented himself and submitted to registration

under such section.

(c) Repayment; exclusions from repayment period

Such loans shall be repayable in equal or graduated periodic

installments (with the right of the borrower to accelerate

repayment) over the period of not less than 10 years nor more than

25 years, at the discretion of the institution, which begins one

year after the student ceases to pursue a full-time course of study

at a school of medicine, osteopathic medicine, dentistry, pharmacy,

podiatry, optometry, or veterinary medicine, excluding from such

period -

(1) all periods -

(A) not in excess of three years of active duty performed by

the borrower as a member of a uniformed service;

(B) not in excess of three years during which the borrower

serves as a volunteer under the Peace Corps Act [22 U.S.C. 2501

et seq.];

(C) during which the borrower participates in advanced

professional training, including internships and residencies;

and

(D) during which the borrower is pursuing a full-time course

of study at such a school; and

(2) a period -

(A) not in excess of two years during which a borrower who is

a full-time student in such a school leaves the school, with

the intent to return to such school as a full-time student, in

order to engage in a full-time educational activity which is

directly related to the health profession for which the

borrower is preparing, as determined by the Secretary; or

(B) not in excess of two years during which a borrower who is

a graduate of such a school is a participant in a fellowship

training program or a full-time educational activity which -

(i) is directly related to the health profession for which

such borrower prepared at such school, as determined by the

Secretary; and

(ii) may be engaged in by the borrower during such a

two-year period which begins within twelve months after the

completion of the borrower's participation in advanced

professional training described in paragraph (1)(C) or prior

to the completion of such borrower's participation in such

training.

(d) Cancellation of liability

The liability to repay the unpaid balance of such a loan and

accrued interest thereon shall be canceled upon the death of the

borrower, or if the Secretary determines that he has become

permanently, and totally disabled.

(e) Rate of interest

Such loans shall bear interest, on the unpaid balance of the

loan, computed only for periods for which the loan is repayable, at

the rate of 5 percent per year.

(f) Security or endorsement

Loans shall be made under this subpart without security or

endorsement, except that if the borrower is a minor and the note or

other evidence of obligation executed by him would not, under the

applicable law, create a binding obligation, either security or

endorsement may be required.

(g) Transferring and assigning loans

No note or other evidence of a loan made under this subpart may

be transferred or assigned by the school making the loan except

that, if the borrowers transfer to another school participating in

the program under this subpart, such note or other evidence of a

loan may be transferred to such other school.

(h) Charge with respect to insurance for certain cancellations

Subject to regulations of the Secretary, a school may assess a

charge with respect to loans made this subpart (!1) to cover the

costs of insuring against cancellation of liability under

subsection (d) of this section.

(i) Charge with respect to late payments

Subject to regulations of the Secretary, and in accordance with

this section, a school shall assess a charge with respect to a loan

made under this subpart for failure of the borrower to pay all or

any part of an installment when it is due and, in the case of a

borrower who is entitled to deferment of the loan under subsection

(c) of this section, for any failure to file timely and

satisfactory evidence of such entitlement. No such charge may be

made if the payment of such installment or the filing of such

evidence is made within 60 days after the date on which such

installment or filing is due. The amount of any such charge may not

exceed an amount equal to 6 percent of the amount of such

installment. The school may elect to add the amount of any such

charge to the principal amount of the loan as of the first day

after the day on which such installment or evidence was due, or to

make the amount of the charge payable to the school not later than

the due date of the next installment after receipt by the borrower

of notice of the assessment of the charge.

(j) Authority of schools regarding rate of payment

A school may provide, in accordance with regulations of the

Secretary, that during the repayment period of a loan from a loan

fund established pursuant to an agreement under this subpart

payments of principal and interest by the borrower with respect to

all the outstanding loans made to him from loan funds so

established shall be at a rate equal to not less than $40 per

month.

(k) Authority regarding repayments by Secretary

Upon application by a person who received, and is under an

obligation to repay, any loan made to such person as a health

professions student to enable him to study medicine, osteopathy,

dentistry, veterinary medicine, optometry, pharmacy, or podiatry,

the Secretary may undertake to repay (without liability to the

applicant) all or any part of such loan, and any interest or

portion thereof outstanding thereon, upon his determination,

pursuant to regulations establishing criteria therefor, that the

applicant -

(1) failed to complete such studies leading to his first

professional degree;

(2) is in exceptionally needy circumstances;

(3) is from a low-income or disadvantaged family as those terms

may be defined by such regulations; and

(4) has not resumed, or cannot reasonably be expected to

resume, the study of medicine, osteopathy, dentistry, veterinary

medicine, optometry, pharmacy, or podiatric medicine, within two

years following the date upon which he terminated such studies.

(l) Collection efforts by Secretary

The Secretary is authorized to attempt to collect any loan which

was made under this subpart, which is in default, and which was

referred to the Secretary by a school with which the Secretary has

an agreement under this subpart, on behalf of that school under

such terms and conditions as the Secretary may prescribe (including

reimbursement from the school's student loan fund for expenses the

Secretary may reasonably incur in attempting collection), but only

if the school has complied with such requirements as the Secretary

may specify by regulation with respect to the collection of loans

under this subpart. A loan so referred shall be treated as a debt

subject to section 5514 of title 5. Amounts collected shall be

deposited in the school's student loan fund. Whenever the Secretary

desires the institution of a civil action regarding any such loan,

the Secretary shall refer the matter to the Attorney General for

appropriate action.

(m) Elimination of statute of limitation for loan collections

(1) Purpose

It is the purpose of this subsection to ensure that obligations

to repay loans under this section are enforced without regard to

any Federal or State statutory, regulatory, or administrative

limitation on the period within which debts may be enforced.

(2) Prohibition

Notwithstanding any other provision of Federal or State law, no

limitation shall terminate the period within which suit may be

filed, a judgment may be enforced, or an offset, garnishment, or

other action may be initiated or taken by a school that has an

agreement with the Secretary pursuant to section 292q of this

title that is seeking the repayment of the amount due from a

borrower on a loan made under this subpart after the default of

the borrower on such loan.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 722, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2012; amended

Pub. L. 103-43, title XX, Sec. 2014(b), June 10, 1993, 107 Stat.

215; Pub. L. 105-392, title I, Sec. 134(a), (b)(1), Nov. 13, 1998,

112 Stat. 3577, 3578.)

-REFTEXT-

REFERENCES IN TEXT

The Peace Corps Act, referred to in subsec. (c)(1)(B), is Pub. L.

87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is

classified principally to chapter 34 (Sec. 2501 et seq.) of Title

22, Foreign Relations and Intercourse. For complete classification

of this Act to the Code, see Short Title note set out under section

2501 of Title 22 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 722 of act July 1, 1944, was classified to

section 293b of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-392, Sec. 134(a)(1),

substituted "the cost of attendance (including tuition, other

reasonable educational expenses, and reasonable living costs) for

that year at the educational institution attended by the student

(as determined by such educational institution)." for "the sum of -

"(A) the cost of tuition for such year at such school, and

"(B) $2,500."

Subsec. (a)(2). Pub. L. 105-392, Sec. 134(a)(2), substituted "the

amount of the loan may, in the case of the third or fourth year of

a student at a school of medicine or osteopathic medicine, be

increased to the extent necessary" for "the amount $2,500 may, in

the case of the third or fourth year of a student at school of

medicine or osteopathic medicine, be increased to the extent

necessary (including such $2,500)".

Subsec. (c). Pub. L. 105-392, Sec. 134(a)(3), in heading,

substituted "repayment" for "ten-year" and, in introductory

provisions, substituted "period of not less than 10 years nor more

than 25 years, at the discretion of the institution, which begins"

for "ten-year period which begins" and "such period" for "such

ten-year period".

Subsec. (j). Pub. L. 105-392, Sec. 134(a)(4), substituted "$40"

for "$15".

Subsec. (m). Pub. L. 105-392, Sec. 134(b)(1), added subsec. (m).

1993 - Subsec. (a). Pub. L. 103-43, Sec. 2014(b)(1), amended

heading and text of subsec. (a) generally. Prior to amendment, text

read as follows: "Loans from a student loan fund (established under

an agreement with a school under section 292q of this title) may

not exceed for any student for each school year (or its equivalent)

the sum of -

"(1) the cost of tuition for such year at such school, and

"(2) $2,500."

Subsec. (b)(2), (3). Pub. L. 103-43, Sec. 2014(b)(2),

redesignated par. (3) as (2) and struck out former par. (2), which

read as follows: "who, if pursuing a full-time course of study at

the school leading to a degree of doctor of medicine or doctor of

osteopathy, is of exceptional financial need (as defined by

regulations of the Secretary); and".

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-392, title I, Sec. 134(b)(2), Nov. 13, 1998, 112

Stat. 3578, provided that: "The amendment made by paragraph (1)

[amending this section] shall be effective with respect to actions

pending on or after the date of enactment of this Act [Nov. 13,

1998]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 292q, 292s, 292v of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "under this subpart".

-End-

-CITE-

42 USC Sec. 292s 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart ii - federally-supported student loan funds

-HEAD-

Sec. 292s. Medical schools and primary health care

-STATUTE-

(a) Requirements for students

(1) In general

Subject to the provisions of this subsection, in the case of

student loan funds established under section 292q of this title

by schools of medicine or osteopathic medicine, each agreement

entered into under such section with such a school shall provide

(in addition to the provisions required in subsection (b) of such

section) that the school will make a loan from such fund to a

student only if the student agrees -

(A) to enter and complete a residency training program in

primary health care not later than 4 years after the date on

which the student graduates from such school; and

(B) to practice in such care through the date on which the

loan is repaid in full.

(2) Inapplicability to certain students

(A) The requirement established in paragraph (1) regarding the

student loan fund of a school does not apply to a student if -

(i) the first loan to the student from such fund is made

before July 1, 1993; or

(ii) the loan is made from -

(I) a Federal capital contribution under section 292q of

this title that is made from amounts appropriated under

section 292t(f) (!1) of this title (in this section referred

to as an "exempt Federal capital contribution"); or

(II) a school contribution made under section 292q of this

title pursuant to such a Federal capital contribution (in

this section referred to as an "exempt school contribution").

(B) A Federal capital contribution under section 292q of this

title may not be construed as being an exempt Federal capital

contribution if the contribution was made from amounts

appropriated before October 1, 1990. A school contribution under

section 292q of this title may not be construed as being an

exempt school contribution if the contribution was made pursuant

to a Federal capital contribution under such section that was

made from amounts appropriated before such date.

(3) Noncompliance by student

Each agreement entered into with a student pursuant to

paragraph (1) shall provide that, if the student fails to comply

with such agreement, the loan involved will begin to accrue

interest at a rate of 18 percent per year beginning on the date

of such noncompliance.

(4) Waivers

(A) With respect to the obligation of an individual under an

agreement made under paragraph (1) as a student, the Secretary

shall provide for the partial or total waiver or suspension of

the obligation whenever compliance by the individual is

impossible, or would involve extreme hardship to the individual,

and if enforcement of the obligation with respect to the

individual would be unconscionable.

(B) For purposes of subparagraph (A), the obligation of an

individual shall be waived if -

(i) the status of the individual as a student of the school

involved is terminated before graduation from the school,

whether voluntarily or involuntarily; and

(ii) the individual does not, after such termination, resume

attendance at the school or begin attendance at any other

school of medicine or osteopathic medicine.

(C) If an individual resumes or begins attendance for purposes

of subparagraph (B), the obligation of the individual under the

agreement under paragraph (1) shall be considered to have been

suspended for the period in which the individual was not in

attendance.

(D) This paragraph may not be construed as authorizing the

waiver or suspension of the obligation of a student to repay, in

accordance with section 292r of this title, loans from student

loan funds under section 292q of this title.

(b) Requirements for schools

(1) In general

Subject to the provisions of this subsection, in the case of

student loan funds established under section 292q of this title

by schools of medicine or osteopathic medicine, each agreement

entered into under such section with such a school shall provide

(in addition to the provisions required in subsection (b) of such

section) that, for the 1-year period ending on June 30, 1997;

(!2) and for the 1-year period ending on June 30 of each

subsequent fiscal year, the school will meet not less than 1 of

the conditions described in paragraph (2) with respect to

graduates of the school whose date of graduation from the school

occurred approximately 4 years before the end of the 1-year

period involved.

(2) Description of conditions

With respect to graduates described in paragraph (1) (in this

paragraph referred to as "designated graduates"), the conditions

referred to in such paragraph for a school for a 1-year period

are as follows:

(A) Not less than 50 percent of designated graduates of the

school meet the criterion of either being in a residency

training program in primary health care, or being engaged in a

practice in such care (having completed such a program).

(B) Not less than 25 percent of the designated graduates of

the school meet such criterion, and such percentage is not less

than 5 percentage points above the percentage of such graduates

meeting such criterion for the preceding 1-year period.

(C) In the case of schools of medicine or osteopathic

medicine with student loans funds under section 292q of this

title, the school involved is at or above the 75th percentile

of such schools whose designated graduates meet such criterion.

(3) Determinations by Secretary

Not later than 90 days after the close of each 1-year period

described in paragraph (1), the Secretary shall make a

determination of whether the school involved has for such period

complied with such paragraph and shall in writing inform the

school of the determination. Such determination shall be made

only after consideration of the report submitted to the Secretary

by the school under paragraph (6).

(4) Noncompliance by school

(A)(i) Subject to subparagraph (C), each agreement under

section 292q of this title with a school of medicine or

osteopathic medicine shall provide that, if the school fails to

comply with paragraph (1) for a 1-year period under such

paragraph, the school -

(I) will pay to the Secretary the amount applicable under

subparagraph (B) for the period; and

(II) will pay such amount not later than 90 days after the

school is informed under paragraph (3) of the determination of

the Secretary regarding such period.

(ii) Any amount that a school is required to pay under clause

(i) may be paid from the student loan fund of the school under

section 292q of this title.

(B) For purposes of subparagraph (A), the amount applicable for

a school, subject to subparagraph (C), is -

(i) for the 1-year period ending June 30, 1997, an amount

equal to 10 percent of the income received during such period

by the student loan fund of the school under section 292q of

this title;

(ii) for the 1-year period ending June 30, 1998, an amount

equal to 20 percent of the income received during such period

by the student loan fund; and

(iii) for any subsequent 1-year period under paragraph (1),

an amount equal to 30 percent of the income received during

such period by the student loan fund.

(C) In determining the amount of income that a student loan

fund has received for purposes of subparagraph (B), the Secretary

shall exclude any income derived from exempt contributions.

Payments made to the Secretary under subparagraph (A) may not be

made with such contributions or with income derived from such

contributions.

(5) Expenditure of payments

(A) Amounts paid to the Secretary under paragraph (4) shall be

expended to make Federal capital contributions to student loan

funds under section 292q of this title of schools that are in

compliance with paragraph (1).

(B) A Federal capital contribution under section 292q of this

title may not be construed as being an exempt Federal capital

contribution if the contribution is made from payments under

subparagraph (A). A school contribution under such section may

not be construed as being an exempt school contribution if the

contribution is made pursuant to a Federal capital contribution

from such payments.

(6) Reports by schools

Each agreement under section 292q of this title with a school

of medicine or osteopathic medicine shall provide that the school

will submit to the Secretary a report for each 1-year period

under paragraph (1) that provides such information as the

Secretary determines to be necessary for carrying out this

subsection. Each such report shall include statistics concerning

the current training or practice status of all graduates of such

school whose date of graduation from the school occurred

approximately 4 years before the end of the 1-year period

involved.

(c) Definitions

For purposes of this section:

(1) The term "exempt contributions" means exempt Federal

capital contributions and exempt school contributions.

(2) The term "exempt Federal capital contribution" means a

Federal capital contribution described in subclause (I) of

subsection (a)(2)(A)(ii) of this section.

(3) The term "exempt school contribution" means a school

contribution described in subclause (II) of subsection

(a)(2)(A)(ii) of this section.

(4) The term "income", with respect to a student fund under

section 292q of this title, means payments of principal and

interest on any loan made from the fund, and any other earnings

of the fund.

(5) The term "primary health care" means family medicine,

general internal medicine, general pediatrics, preventive

medicine, or osteopathic general practice.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 723, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2015; amended

Pub. L. 103-43, title XX, Sec. 2014(c), June 10, 1993, 107 Stat.

216; Pub. L. 105-392, title I, Sec. 131, Nov. 13, 1998, 112 Stat.

3574.)

-REFTEXT-

REFERENCES IN TEXT

Section 292t(f) of this title, referred to in subsec.

(a)(2)(A)(ii)(I), contained provisions in par. (1) relating to

appropriation of funds for Federal capital contributions to student

loan funds, prior to repeal by Pub. L. 105-392, title I, Sec.

132(b), Nov. 13, 1998, 112 Stat. 3575, eff. Oct. 1, 2002.

-MISC1-

PRIOR PROVISIONS

A prior section 723 of act July 1, 1944, was classified to

section 293c of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

AMENDMENTS

1998 - Subsec. (a)(3). Pub. L. 105-392, Sec. 131(b), reenacted

heading without change and amended text of par. (3) generally.

Prior to amendment, text read as follows: "Each agreement entered

into with a student pursuant to paragraph (1) shall provide that,

if the student fails to comply with the agreement -

"(A) the balance due on the loan involved will be immediately

recomputed from the date of issuance at an interest rate of 12

percent per year, compounded annually; and

"(B) the recomputed balance will be paid not later than the

expiration of the 3-year period beginning on the date on which

the student fails to comply with the agreement."

Subsec. (b)(1). Pub. L. 105-392, Sec. 131(a), substituted "4

years before" for "3 years before".

Subsecs. (c), (d). Pub. L. 105-392, Sec. 131(c), redesignated

subsec. (d) as (c) and struck out heading and text of subsec. (c).

Text read as follows: "The Secretary shall each fiscal year submit

to the Committee on Energy and Commerce of the House of

Representatives, and the Committee on Labor and Human Resources of

the Senate, a report regarding the administration of this section,

including the extent of compliance with the requirements of this

section, during the preceding fiscal year."

1993 - Subsec. (a)(4). Pub. L. 103-43, Sec. 2014(c)(1), added

par. (4).

Subsec. (b)(1). Pub. L. 103-43, Sec. 2014(c)(2)(A), substituted

"1997;" for "1994," and "3 years before" for "4 years before".

Subsec. (b)(2)(B). Pub. L. 103-43, Sec. 2014(c)(2)(B),

substituted "25 percent" for "15 percent".

Subsec. (b)(4)(B). Pub. L. 103-43, Sec. 2014(c)(2)(C),

substituted "1997" for "1994" in cl. (i) and "1998" for "1995" in

cl. (ii).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 292r, 292t, 292y, 295o-1

of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. The semicolon probably should be a comma.

-End-

-CITE-

42 USC Sec. 292t 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart ii - federally-supported student loan funds

-HEAD-

Sec. 292t. Individuals from disadvantaged backgrounds

-STATUTE-

(a) Fund agreements regarding certain amounts

With respect to amounts appropriated under subsection (f) of this

section, each agreement entered into under section 292q of this

title with a school shall provide (in addition to the provisions

required in subsection (b) of such section) that -

(1) any Federal capital contribution made to the student loan

fund of the school from such amounts, together with the school

contribution appropriate under subsection (b)(2)(B) of such

section to the amount of the Federal capital contribution, will

be utilized only for the purpose of -

(A) making loans to individuals from disadvantaged

backgrounds; and

(B) the costs of the collection of the loans and interest on

the loans; and

(2) collections of principal and interest on loans made

pursuant to paragraph (1), and any other earnings of the student

loan fund attributable to amounts that are in the fund pursuant

to such paragraph, will be utilized only for the purpose

described in such paragraph.

(b) Minimum qualifications for schools

The Secretary may not make a Federal capital contribution for

purposes of subsection (a) of this section for a fiscal year unless

the health professions school involved -

(1) is carrying out a program for recruiting and retaining

students from disadvantaged backgrounds, including racial and

ethnic minorities; and

(2) is carrying out a program for recruiting and retaining

minority faculty.

(c) Certain agreements regarding education of students; date

certain for compliance

The Secretary may not make a Federal capital contribution for

purposes of subsection (a) of this section for a fiscal year unless

the health professions school involved agrees -

(1) to ensure that adequate instruction regarding minority

health issues is provided for in the curricula of the school;

(2) with respect to health clinics providing services to a

significant number of individuals who are from disadvantaged

backgrounds, including members of minority groups, to enter into

arrangements with 1 or more such clinics for the purpose of

providing students of the school with experience in providing

clinical services to such individuals;

(3) with respect to public or nonprofit private secondary

educational institutions and undergraduate institutions of higher

education, to enter into arrangements with 1 or more such

institutions for the purpose of carrying out programs regarding

the educational preparation of disadvantaged students, including

minority students, to enter the health professions and regarding

the recruitment of such individuals into the health professions;

(4) to establish a mentor program for assisting disadvantaged

students, including minority students, regarding the completion

of the educational requirements for degrees from the school;

(5) to be carrying out each of the activities specified in any

of paragraphs (1) through (4) by not later than 1 year after the

date on which the first Federal capital contribution is made to

the school for purposes of subsection (a) of this section; and

(6) to continue carrying out such activities, and the

activities specified in paragraphs (1) and (2) of subsection (b)

of this section, throughout the period during which the student

loan fund established pursuant to section 292q(b) of this title

is in operation.

(d) Availability of other amounts

With respect to Federal capital contributions to student loan

funds under agreements under section 292q(b) of this title, any

such contributions made before October 1, 1990, together with the

school contributions appropriate under paragraph (2)(B) of such

section to the amount of the Federal capital contributions, may be

utilized for the purpose of making loans to individuals from

disadvantaged backgrounds, subject to section 292s(a)(2)(B) of this

title.

(e) "Disadvantaged" defined

For purposes of this section, the term "disadvantaged", with

respect to an individual, shall be defined by the Secretary.

(f) Authorization of appropriations

(1) Repealed. Pub. L. 105-392, title I, Sec. 132(b), Nov. 13,

1998, 112 Stat. 3575

(2) Special consideration for certain schools

In making Federal capital contributions to student loan funds

for purposes of subsection (a) of this section, the Secretary

shall give special consideration to health professions schools

that have enrollments of underrepresented minorities above the

national average for health professions schools.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 724, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2018; amended

Pub. L. 105-392, title I, Sec. 132, Nov. 13, 1998, 112 Stat. 3575.)

-MISC1-

PRIOR PROVISIONS

A prior section 724 of act July 1, 1944, was classified to

section 293d of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

AMENDMENTS

1998 - Subsec. (f)(1). Pub. L. 105-392, Sec. 132(b), struck out

heading and text of par. (1). Text read as follows: "With respect

to making Federal capital contributions to student loan funds for

purposes of subsection (a) of this section, there is authorized to

be appropriated for such contributions $8,000,000 for each of the

fiscal years 1998 through 2002."

Pub. L. 105-392, Sec. 132(a), substituted "$8,000,000 for each of

the fiscal years 1998 through 2002" for "$15,000,000 for fiscal

year 1993".

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-392, title I, Sec. 132(b), Nov. 13, 1998, 112 Stat.

3575, provided that the repeal of subsec. (f)(1) of this section is

effective Oct. 1, 2002.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 292s of this title.

-End-

-CITE-

42 USC Sec. 292u 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart ii - federally-supported student loan funds

-HEAD-

Sec. 292u. Administrative provisions

-STATUTE-

The Secretary may agree to modifications of agreements or loans

made under this subpart, and may compromise, waive, or release any

right, title, claim, or demand of the United States arising or

acquired under this subpart.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 725, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2019.)

-MISC1-

PRIOR PROVISIONS

A prior section 725 of act July 1, 1944, was classified to

section 293e of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

HEALTH PROFESSIONS EDUCATION FUND; AVAILABILITY OF FUND; DEPOSIT IN

FUND OF: INTEREST PAYMENTS OR REPAYMENTS OF PRINCIPAL ON LOANS;

TRANSFER OF EXCESS MONEYS TO GENERAL FUND OF THE TREASURY;

AUTHORIZATION OF APPROPRIATIONS FOR PAYMENTS UNDER AGREEMENTS

Section 406(b), (c) of Pub. L. 94-484 provided that:

"(b) The health professions education fund created within the

Treasury by section 744(d)(1) of the Public Health Service Act (as

in effect before the date of enactment of this Act) [former section

294d(d)(1) of this title] shall remain available to the Secretary

of Health, Education, and Welfare [now Health and Human Services]

for the purpose of meeting his responsibilities respecting

participations in obligations acquired under such section. The

Secretary shall continue to deposit in such fund all amounts

received by him as interest payments or repayments of principal on

loans under such section 744 [former section 294d of this title].

If at any time the Secretary determines the moneys in the fund

exceed the present and any reasonable prospective future

requirements of such fund, such excess may be transferred to the

general fund of the Treasury.

"(c) There are authorized to be appropriated without fiscal year

limitation such sums as may be necessary to enable the Secretary to

make payments under agreements entered into under section 744(b)

[former section 294d(b) of this title] of the Public Health Service

Act before September 30, 1977."

-End-

-CITE-

42 USC Sec. 292v 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart ii - federally-supported student loan funds

-HEAD-

Sec. 292v. Provision by schools of information to students

-STATUTE-

(a) In general

With respect to loans made by a school under this subpart after

June 30, 1986, each school, in order to carry out the provisions of

sections 292q and 292r of this title, shall, at any time such

school makes such a loan to a student under this subpart, provide

thorough and adequate loan information on loans made under this

subpart to the student. The loan information required to be

provided to the student by this subsection shall include -

(1) the yearly and cumulative maximum amounts that may be

borrowed by the student;

(2) the terms under which repayment of the loan will begin;

(3) the maximum number of years in which the loan must be

repaid;

(4) the interest rate that will be paid by the borrower and the

minimum amount of the required monthly payment;

(5) the amount of any other fees charged to the borrower by the

lender;

(6) any options the borrower may have for deferral,

cancellation, prepayment, consolidation, or other refinancing of

the loan;

(7) a definition of default on the loan and a specification of

the consequences which will result to the borrower if the

borrower defaults, including a description of any arrangements

which may be made with credit bureau organizations;

(8) to the extent practicable, the effect of accepting the loan

on the eligibility of the borrower for other forms of student

assistance; and

(9) a description of the actions that may be taken by the

Federal Government to collect the loan, including a description

of the type of information concerning the borrower that the

Federal Government may disclose to (A) officers, employees, or

agents of the Department of Health and Human Services, (B)

officers, employees, or agents of schools with which the

Secretary has an agreement under this subpart, or (C) any other

person involved in the collection of a loan under this subpart.

(b) Statement regarding loan

Each school shall, immediately prior to the graduation from such

school of a student who receives a loan under this subpart after

June 30, 1986, provide such student with a statement specifying -

(1) each amount borrowed by the student under this subpart;

(2) the total amount borrowed by the student under this

subpart; and

(3) a schedule for the repayment of the amounts borrowed under

this subpart, including the number, amount, and frequency of

payments to be made.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 726, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2020.)

-MISC1-

PRIOR PROVISIONS

A prior section 726 of act July 1, 1944, was classified to

section 293f of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

Another prior section 726 of act July 1, 1944, was classified to

section 293f of this title prior to repeal by Pub. L. 94-484.

-End-

-CITE-

42 USC Sec. 292w 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart ii - federally-supported student loan funds

-HEAD-

Sec. 292w. Procedures for appeal of termination of agreements

-STATUTE-

In any case in which the Secretary intends to terminate an

agreement with a school under this subpart, the Secretary shall

provide the school with a written notice specifying such intention

and stating that the school may request a formal hearing with

respect to such termination. If the school requests such a hearing

within 30 days after the receipt of such notice, the Secretary

shall provide such school with a hearing conducted by an

administrative law judge.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 727, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2020.)

-MISC1-

PRIOR PROVISIONS

A prior section 727 of act July 1, 1944, was classified to

section 294 of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

Another prior section 727 of act July 1, 1944, was classified to

section 293g of this title prior to renumbering by Pub. L. 94-484.

-End-

-CITE-

42 USC Sec. 292x 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart ii - federally-supported student loan funds

-HEAD-

Sec. 292x. Distribution of assets from loan funds

-STATUTE-

(a) Distribution after termination of fund

If a school terminates a loan fund established under an agreement

pursuant to section 292q(b) of this title, or if the Secretary for

good cause terminates the agreement with the school, there shall be

a capital distribution as follows:

(1) The Secretary shall first be paid an amount which bears the

same ratio to such balance in such fund on the date of

termination of the fund as the total amount of the Federal

capital contributions to such fund by the Secretary pursuant to

section 292q(b)(2)(A) of this title bears to the total amount in

such fund derived from such Federal capital contributions and

from funds deposited therein pursuant to section 292q(b)(2)(B) of

this title.

(2) The remainder of such balance shall be paid to the school.

(b) Payment of proportionate share to Secretary

If a capital distribution is made under subsection (a) of this

section, the school involved shall, after the capital distribution,

pay to the Secretary, not less often than quarterly, the same

proportionate share of amounts received by the school in payment of

principal or interest on loans made from the loan fund established

pursuant to section 292q(b) of this title as was determined by the

Secretary under subsection (a) of this section.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 728, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2021.)

-MISC1-

PRIOR PROVISIONS

A prior section 728 of act July 1, 1944, was classified to

section 294a of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

Another prior section 728 of act July 1, 1944, was classified to

section 293h of this title prior to renumbering by Pub. L. 94-484.

-End-

-CITE-

42 USC Sec. 292y 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part A - Student Loans

subpart ii - federally-supported student loan funds

-HEAD-

Sec. 292y. General provisions

-STATUTE-

(a) Date certain for applications

The Secretary shall from time to time set dates by which schools

must file applications for Federal capital contributions.

(b) Contingent reduction in allotments

If the total of the amounts requested for any fiscal year in such

applications exceeds the amounts appropriated under this section

for that fiscal year, the allotment to the loan fund of each such

school shall be reduced to whichever of the following is the

smaller: (A) the amount requested in its application; or (B) an

amount which bears the same ratio to the amounts appropriated as

the number of students estimated by the Secretary to be enrolled in

such school during such fiscal year bears to the estimated total

number of students in all such schools during such year. Amounts

remaining after allotment under the preceding sentence shall be

reallotted in accordance with clause (B) of such sentence 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 from exceeding the total so requested by it.

(c) Allotment of excess funds

Funds available in any fiscal year for payment to schools under

this subpart which are in excess of the amount appropriated

pursuant to this section for that year shall be allotted among

schools in such manner as the Secretary determines will best carry

out the purposes of this subpart.

(d) Payment of installments to schools

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.

(e) Disposition of funds returned to Secretary

(1) Expenditure for Federal capital contributions

Subject to section 292s(b)(5) of this title, any amounts from

student loan funds under section 292q of this title that are

returned to the Secretary by health professions schools shall be

expended to make Federal capital contributions to such funds.

(2) Date certain for contributions

Amounts described in paragraph (1) that are returned to the

Secretary shall be obligated before the end of the succeeding

fiscal year.

(3) Preference in making contributions

In making Federal capital contributions to student loans funds

under section 292q of this title for a fiscal year from amounts

described in paragraph (1), the Secretary shall give preference

to health professions schools of the same disciplines as the

health professions schools returning such amounts for the period

during which the amounts expended for such contributions were

received by the Secretary. Any such amounts that, prior to being

so returned, were available only for the purpose of loans under

this subpart to individuals from disadvantaged backgrounds shall

be available only for such purpose.

(f) Funding for certain medical schools

(1) Authorization of appropriations

For the purpose of making Federal capital contributions to

student loan funds established under section 292q of this title

by schools of medicine or osteopathic medicine, there is

authorized to be appropriated $10,000,000 for each of the fiscal

years 1994 through 1996.

(2) Minimum requirements

(A) Subject to subparagraph (B), the Secretary may make a

Federal capital contribution pursuant to paragraph (1) only if

the school of medicine or osteopathic medicine involved meets the

conditions described in subparagraph (A) of section 292s(b)(2) of

this title or the conditions described in subparagraph (C) of

such section.

(B) For purposes of subparagraph (A), the conditions referred

to in such subparagraph shall be applied with respect to

graduates of the school involved whose date of graduation

occurred approximately 3 years before June 30 of the fiscal year

preceding the fiscal year for which the Federal capital

contribution involved is made.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 735, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2021; amended

Pub. L. 102-531, title III, Sec. 313(a)(1), Oct. 27, 1992, 106

Stat. 3507; Pub. L. 103-43, title XX, Sec. 2014(d), June 10, 1993,

107 Stat. 217; Pub. L. 105-392, title I, Sec. 134(c), Nov. 13,

1998, 112 Stat. 3578.)

-MISC1-

PRIOR PROVISIONS

A prior section 735 of act July 1, 1944, was classified to

section 294h of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

AMENDMENTS

1998 - Subsec. (e)(2). Pub. L. 105-392 reenacted heading without

change and amended text of par. (2) generally. Prior to amendment,

text read as follows: "Amounts described in paragraph (1) that are

returned to the Secretary before the fourth quarter of a fiscal

year shall be obligated before the end of such fiscal year, and may

not be obligated before the fourth quarter. For purposes of the

preceding sentence, amounts returned to the Secretary during the

last quarter of a fiscal year are deemed to have been returned

during the first three quarters of the succeeding fiscal year."

1993 - Subsec. (f). Pub. L. 103-43 added subsec. (f).

1992 - Subsec. (b). Pub. L. 102-531 inserted designations for

cls. (A) and (B) in first sentence.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 313(c) of Pub. L. 102-531 provided that: "The amendments

described in this section [amending this section and sections 293j,

293l, 294n, 295j, 295l, 295n, 295o, 296k, and 298b-7 of this title,

repealing section 297j of this title, redesignating subpart IV of

part B of subchapter VI of this chapter as subpart III, and

amending provisions set out as a note under section 295k of this

title] are made, and take effect, immediately after the enactment

of the bill, H.R. 3508, of the One Hundred Second Congress [Pub. L.

102-408, approved Oct. 13, 1992]."

-End-

-CITE-

42 USC Part B - Health Professions Training for Diversity 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part B - Health Professions Training for Diversity

-HEAD-

PART B - HEALTH PROFESSIONS TRAINING FOR DIVERSITY

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 287a-2 of this title.

-End-

-CITE-

42 USC Sec. 293 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part B - Health Professions Training for Diversity

-HEAD-

Sec. 293. Centers of excellence

-STATUTE-

(a) In general

The Secretary shall make grants to, and enter into contracts

with, designated health professions schools described in subsection

(c) of this section, and other public and nonprofit health or

educational entities, for the purpose of assisting the schools in

supporting programs of excellence in health professions education

for under-represented minority individuals.

(b) Required use of funds

The Secretary may not make a grant under subsection (a) of this

section unless the designated health professions school involved

agrees, subject to subsection (c)(1)(C) of this section, to expend

the grant -

(1) to develop a large competitive applicant pool through

linkages with institutions of higher education, local school

districts, and other community-based entities and establish an

education pipeline for health professions careers;

(2) to establish, strengthen, or expand programs to enhance the

academic performance of under-represented minority students

attending the school;

(3) to improve the capacity of such school to train, recruit,

and retain under-represented minority faculty including the

payment of such stipends and fellowships as the Secretary may

determine appropriate;

(4) to carry out activities to improve the information

resources, clinical education, curricula and cultural competence

of the graduates of the school, as it relates to minority health

issues;

(5) to facilitate faculty and student research on health issues

particularly affecting under-represented minority groups,

including research on issues relating to the delivery of health

care;

(6) to carry out a program to train students of the school in

providing health services to a significant number of

under-represented minority individuals through training provided

to such students at community-based health facilities that -

(A) provide such health services; and

(B) are located at a site remote from the main site of the

teaching facilities of the school; and

(7) to provide stipends as the Secretary determines

appropriate, in amounts as the Secretary determines appropriate.

(c) Centers of excellence

(1) Designated schools

(A) In general

The designated health professions schools referred to in

subsection (a) of this section are such schools that meet each

of the conditions specified in subparagraphs (B) and (C), and

that -

(i) meet each of the conditions specified in paragraph

(2)(A);

(ii) meet each of the conditions specified in paragraph

(3);

(iii) meet each of the conditions specified in paragraph

(4); or

(iv) meet each of the conditions specified in paragraph

(5).

(B) General conditions

The conditions specified in this subparagraph are that a

designated health professions school -

(i) has a significant number of under-represented minority

individuals enrolled in the school, including individuals

accepted for enrollment in the school;

(ii) has been effective in assisting under-represented

minority students of the school to complete the program of

education and receive the degree involved;

(iii) has been effective in recruiting under-represented

minority individuals to enroll in and graduate from the

school, including providing scholarships and other financial

assistance to such individuals and encouraging

under-represented minority students from all levels of the

educational pipeline to pursue health professions careers;

and

(iv) has made significant recruitment efforts to increase

the number of under-represented minority individuals serving

in faculty or administrative positions at the school.

(C) Consortium

The condition specified in this subparagraph is that, in

accordance with subsection (e)(1) of this section, the

designated health profession school involved has with other

health profession schools (designated or otherwise) formed a

consortium to carry out the purposes described in subsection

(b) of this section at the schools of the consortium.

(D) Application of criteria to other programs

In the case of any criteria established by the Secretary for

purposes of determining whether schools meet the conditions

described in subparagraph (B), this section may not, with

respect to racial and ethnic minorities, be construed to

authorize, require, or prohibit the use of such criteria in any

program other than the program established in this section.

(2) Centers of excellence at certain historically black colleges

and universities

(A) Conditions

The conditions specified in this subparagraph are that a

designated health professions school -

(i) is a school described in section 295p(1) of this title;

and

(ii) received a contract under section 295g-8b of this

title for fiscal year 1987, as such section was in effect for

such fiscal year.

(B) Use of grant

In addition to the purposes described in subsection (b) of

this section, a grant under subsection (a) of this section to a

designated health professions school meeting the conditions

described in subparagraph (A) may be expended -

(i) to develop a plan to achieve institutional

improvements, including financial independence, to enable the

school to support programs of excellence in health

professions education for under-represented minority

individuals; and

(ii) to provide improved access to the library and

informational resources of the school.

(C) Exception

The requirements of paragraph (1)(C) shall not apply to a

historically black college or university that receives funding

under paragraphs (!1) (2) or (5).

(3) Hispanic centers of excellence

The conditions specified in this paragraph are that -

(A) with respect to Hispanic individuals, each of clauses (i)

through (iv) of paragraph (1)(B) applies to the designated

health professions school involved;

(B) the school agrees, as a condition of receiving a grant

under subsection (a) of this section, that the school will, in

carrying out the duties described in subsection (b) of this

section, give priority to carrying out the duties with respect

to Hispanic individuals; and

(C) the school agrees, as a condition of receiving a grant

under subsection (a) of this section, that -

(i) the school will establish an arrangement with 1 or more

public or nonprofit community based Hispanic serving

organizations, or public or nonprofit private institutions of

higher education, including schools of nursing, whose

enrollment of students has traditionally included a

significant number of Hispanic individuals, the purposes of

which will be to carry out a program -

(I) to identify Hispanic students who are interested in a

career in the health profession involved; and

(II) to facilitate the educational preparation of such

students to enter the health professions school; and

(ii) the school will make efforts to recruit Hispanic

students, including students who have participated in the

undergraduate or other matriculation program carried out

under arrangements established by the school pursuant to

clause (i)(II) and will assist Hispanic students regarding

the completion of the educational requirements for a degree

from the school.

(4) Native American centers of excellence

Subject to subsection (e) of this section, the conditions

specified in this paragraph are that -

(A) with respect to Native Americans, each of clauses (i)

through (iv) of paragraph (1)(B) applies to the designated

health professions school involved;

(B) the school agrees, as a condition of receiving a grant

under subsection (a) of this section, that the school will, in

carrying out the duties described in subsection (b) of this

section, give priority to carrying out the duties with respect

to Native Americans; and

(C) the school agrees, as a condition of receiving a grant

under subsection (a) of this section, that -

(i) the school will establish an arrangement with 1 or more

public or nonprofit private institutions of higher education,

including schools of nursing, whose enrollment of students

has traditionally included a significant number of Native

Americans, the purpose of which arrangement will be to carry

out a program -

(I) to identify Native American students, from the

institutions of higher education referred to in clause (i),

who are interested in health professions careers; and

(II) to facilitate the educational preparation of such

students to enter the designated health professions school;

and

(ii) the designated health professions school will make

efforts to recruit Native American students, including

students who have participated in the undergraduate program

carried out under arrangements established by the school

pursuant to clause (i) and will assist Native American

students regarding the completion of the educational

requirements for a degree from the designated health

professions school.

(5) Other centers of excellence

The conditions specified in this paragraph are -

(A) with respect to other centers of excellence, the

conditions described in clauses (i) through (iv) of paragraph

(1)(B); and

(B) that the health professions school involved has an

enrollment of under-represented minorities above the national

average for such enrollments of health professions schools.

(d) Designation as center of excellence

(1) In general

Any designated health professions school receiving a grant

under subsection (a) of this section and meeting the conditions

described in paragraph (2) or (5) of subsection (c) of this

section shall, for purposes of this section, be designated by the

Secretary as a Center of Excellence in Under-Represented Minority

Health Professions Education.

(2) Hispanic centers of excellence

Any designated health professions school receiving a grant

under subsection (a) of this section and meeting the conditions

described in subsection (c)(3) of this section shall, for

purposes of this section, be designated by the Secretary as a

Hispanic Center of Excellence in Health Professions Education.

(3) Native American centers of excellence

Any designated health professions school receiving a grant

under subsection (a) of this section and meeting the conditions

described in subsection (c)(4) of this section shall, for

purposes of this section, be designated by the Secretary as a

Native American Center of Excellence in Health Professions

Education. Any consortium receiving such a grant pursuant to

subsection (e) of this section shall, for purposes of this

section, be so designated.

(e) Authority regarding Native American centers of excellence

With respect to meeting the conditions specified in subsection

(c)(4) of this section, the Secretary may make a grant under

subsection (a) of this section to a designated health professions

school that does not meet such conditions if -

(1) the school has formed a consortium in accordance with

subsection (d)(1) of this section; and

(2) the schools of the consortium collectively meet such

conditions, without regard to whether the schools individually

meet such conditions.

(f) Duration of grant

The period during which payments are made under a grant under

subsection (a) of this section may not exceed 5 years. Such

payments shall be subject to annual approval by the Secretary and

to the availability of appropriations for the fiscal year involved

to make the payments.

(g) Definitions

In this section:

(1) Designated health professions school

(A) In general

The term "health professions school" means, except as

provided in subparagraph (B), a school of medicine, a school of

osteopathic medicine, a school of dentistry, a school of

pharmacy, or a graduate program in behavioral or mental health.

(B) Exception

The definition established in subparagraph (A) shall not

apply to the use of the term "designated health professions

school" for purposes of subsection (c)(2) of this section.

(2) Program of excellence

The term "program of excellence" means any program carried out

by a designated health professions school with a grant made under

subsection (a) of this section, if the program is for purposes

for which the school involved is authorized in subsection (b) or

(c) of this section to expend the grant.

(3) Native Americans

The term "Native Americans" means American Indians, Alaskan

Natives, Aleuts, and Native Hawaiians.

(h) Funding

(1) Authorization of appropriations

For the purpose of making grants under subsection (a) of this

section, there are authorized to be appropriated $26,000,000 for

fiscal year 1998, and such sums as may be necessary for each of

the fiscal years 1999 through 2002.

(2) Allocations

Based on the amount appropriated under paragraph (1) for a

fiscal year, one of the following subparagraphs shall apply:

(A) In general

If the amounts appropriated under paragraph (1) for a fiscal

year are $24,000,000 or less -

(i) the Secretary shall make available $12,000,000 for

grants under subsection (a) of this section to health

professions schools that meet the conditions described in

subsection (c)(2)(A) of this section; and

(ii) and available after grants are made with funds under

clause (i), the Secretary shall make available -

(I) 60 percent of such amount for grants under subsection

(a) of this section to health professions schools that meet

the conditions described in paragraph (3) or (4) of

subsection (c) of this section (including meeting the

conditions under subsection (e) of this section); and

(II) 40 percent of such amount for grants under

subsection (a) of this section to health professions

schools that meet the conditions described in subsection

(c)(5) of this section.

(B) Funding in excess of $24,000,000

If amounts appropriated under paragraph (1) for a fiscal year

exceed $24,000,000 but are less than $30,000,000 -

(i) 80 percent of such excess amounts shall be made

available for grants under subsection (a) of this section to

health professions schools that meet the requirements

described in paragraph (3) or (4) of subsection (c) of this

section (including meeting conditions pursuant to subsection

(e) of this section); and

(ii) 20 percent of such excess amount shall be made

available for grants under subsection (a) of this section to

health professions schools that meet the conditions described

in subsection (c)(5) of this section.

(C) Funding in excess of $30,000,000

If amounts appropriated under paragraph (1) for a fiscal year

are $30,000,000 or more, the Secretary shall make available -

(i) not less than $12,000,000 for grants under subsection

(a) of this section to health professions schools that meet

the conditions described in subsection (c)(2)(A) of this

section;

(ii) not less than $12,000,000 for grants under subsection

(a) of this section to health professions schools that meet

the conditions described in paragraph (3) or (4) of

subsection (c) of this section (including meeting conditions

pursuant to subsection (e) of this section);

(iii) not less than $6,000,000 for grants under subsection

(a) of this section to health professions schools that meet

the conditions described in subsection (c)(5) of this

section; and

(iv) after grants are made with funds under clauses (i)

through (iii), any remaining funds for grants under

subsection (a) of this section to health professions schools

that meet the conditions described in paragraph (2)(A), (3),

(4), or (5) of subsection (c) of this section.

(3) No limitation

Nothing in this subsection shall be construed as limiting the

centers of excellence referred to in this section to the

designated amount, or to preclude such entities from competing

for other grants under this section.

(4) Maintenance of effort

(A) In general

With respect to activities for which a grant made under this

part are authorized to be expended, the Secretary may not make

such a grant to a center of excellence for any fiscal year

unless the center agrees to maintain expenditures of

non-Federal amounts for such activities at a level that is not

less than the level of such expenditures maintained by the

center for the fiscal year preceding the fiscal year for which

the school receives such a grant.

(B) Use of Federal funds

With respect to any Federal amounts received by a center of

excellence and available for carrying out activities for which

a grant under this part is authorized to be expended, the

Secretary may not make such a grant to the center for any

fiscal year unless the center agrees that the center will,

before expending the grant, expend the Federal amounts obtained

from sources other than the grant.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 736, as added Pub. L.

105-392, title I, Sec. 101(a), Nov. 13, 1998, 112 Stat. 3525.)

-REFTEXT-

REFERENCES IN TEXT

Section 295g-8b of this title, referred to in subsec.

(c)(2)(A)(ii), was omitted in the general amendment of this

subchapter by Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 1994.

-MISC1-

PRIOR PROVISIONS

A prior section 293, act July 1, 1944, ch. 373, title VII, Sec.

736, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2022, authorized grants to schools of medicine,

osteopathic medicine, and dentistry for need-based scholarships,

prior to the general amendment of this part by Pub. L. 105-392.

Another prior section 293, act July 1, 1944, ch. 373, title VII,

Sec. 720, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77

Stat. 164; amended Sept. 4, 1964, Pub. L. 88-581, Sec. 3(a), 78

Stat. 919; Oct. 22, 1965, Pub. L. 89-290, Sec. 3(a), 79 Stat. 1056;

Nov. 2, 1966, Pub. L. 89-709, Sec. 2(a), 80 Stat. 1103; Aug. 16,

1968, Pub. L. 90-490, title I, Sec. 101(a), (b)(1), 82 Stat. 773;

Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 102(a), 85 Stat. 431;

Oct. 12, 1976, Pub. L. 94-484, title I, Sec. 101(c), title III,

Sec. 302, 90 Stat. 2244, 2253; Aug. 13, 1981, Pub. L. 97-35, title

XXVII, Sec. 2723(a), (b), 95 Stat. 915, authorized grants for

construction of teaching facilities for medical, dental, and other

health personnel, prior to the general revision of this subchapter

by Pub. L. 102-408.

A prior section 736 of act July 1, 1944, was classified to

section 294i of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

SAVINGS PROVISION

Pub. L. 105-392, title I, Sec. 110, Nov. 13, 1998, 112 Stat.

3562, provided that: "In the case of any authority for making

awards of grants or contracts that is terminated by the amendments

made by this subtitle [subtitle A (Secs. 101-110) of title I of

Pub. L. 105-392, see Tables for classification], the Secretary of

Health and Human Services may, notwithstanding the termination of

the authority, continue in effect any grant or contract made under

the authority that is in effect on the day before the date of the

enactment of this Act [Nov. 13, 1998], subject to the duration of

any such grant or contract not exceeding the period determined by

the Secretary in first approving such financial assistance, or in

approving the most recent request made (before the date of such

enactment) for continuation of such assistance, as the case may

be."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 287c-31, 287c-32, 293a of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "paragraph".

-End-

-CITE-

42 USC Sec. 293a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part B - Health Professions Training for Diversity

-HEAD-

Sec. 293a. Scholarships for disadvantaged students

-STATUTE-

(a) In general

The Secretary may make a grant to an eligible entity (as defined

in subsection (d)(1) of this section) under this section for the

awarding of scholarships by schools to any full-time student who is

an eligible individual as defined in subsection (d) of this

section. Such scholarships may be expended only for tuition

expenses, other reasonable educational expenses, and reasonable

living expenses incurred in the attendance of such school.

(b) Preference in providing scholarships The Secretary may not make a grant to an entity under subsection

(a) of this section unless the health professions and nursing

schools involved agree that, in providing scholarships pursuant to

the grant, the schools will give preference to students for whom

the costs of attending the schools would constitute a severe

financial hardship and, notwithstanding other provisions of this

section, to former recipients of scholarships under sections 293

and 293d(d)(2)(B) of this title (as such sections existed on the

day before November 13, 1998).

(c) Amount of award

In awarding grants to eligible entities that are health

professions and nursing schools, the Secretary shall give priority

to eligible entities based on the proportion of graduating students

going into primary care, the proportion of underrepresented

minority students, and the proportion of graduates working in

medically underserved communities.

(d) Definitions

In this section:

(1) Eligible entities

The term "eligible entities" means an entity that -

(A) is a school of medicine, osteopathic medicine, dentistry,

nursing (as defined in section 296 of this title), pharmacy,

podiatric medicine, optometry, veterinary medicine, public

health, chiropractic, or allied health, a school offering a

graduate program in behavioral and mental health practice, or

an entity providing programs for the training of physician

assistants; and

(B) is carrying out a program for recruiting and retaining

students from disadvantaged backgrounds, including students who

are members of racial and ethnic minority groups.

(2) Eligible individual

The term "eligible individual" means an individual who -

(A) is from a disadvantaged background;

(B) has a financial need for a scholarship; and

(C) is enrolled (or accepted for enrollment) at an eligible

health professions or nursing school as a full-time student in

a program leading to a degree in a health profession or

nursing.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 737, as added Pub. L.

105-392, title I, Sec. 101(a), Nov. 13, 1998, 112 Stat. 3531.)

-MISC1-

PRIOR PROVISIONS

A prior section 293a, act July 1, 1944, ch. 373, title VII, Sec.

737, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2023, authorized grants to health professions schools for

provision of scholarships and undergraduate assistance, prior to

the general amendment of this part by Pub. L. 105-392.

Another prior section 293a, act July 1, 1944, ch. 373, title VII,

Sec. 721, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77

Stat. 165; amended Sept. 4, 1964, Pub. L. 88-581, Sec. 3(b), 78

Stat. 919; Oct. 22, 1965, Pub. L. 89-290, Secs. 3(b), (c), 5(a), 79

Stat. 1056-1058; Nov. 2, 1966, Pub. L. 89-709, Sec. 2(b), 80 Stat.

1103; Aug. 16, 1968, Pub. L. 90-490, title I, Secs. 103(a)(3),

105(a), (b), 82 Stat. 774; Nov. 18, 1971, Pub. L. 92-157, title I,

Secs. 102(e), (f)(1), (2)(A), (g), (h), (j)(2), (3), (7)(A),

108(b)(1), 85 Stat. 434-437, 461; Oct. 12, 1976, Pub. L. 94-484,

title III, Secs. 301, 303, 308(a), 90 Stat. 2253, 2254, 2256; Aug.

1, 1977, Pub. L. 95-83, title III, Sec. 307(b), 91 Stat. 389; Oct.

17, 1979, Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec.

507, 93 Stat. 677, 692; Aug. 13, 1981, Pub. L. 97-35, title XXVII,

Secs. 2723(c), (d), 2724(a), 95 Stat. 916; Nov. 4, 1988, Pub. L.

100-607, title VI, Secs. 628(4), 629(b)(2), 102 Stat. 3145, 3146;

Aug. 16, 1989, Pub. L. 101-93, Sec. 5(o)(1), 103 Stat. 614, related

to applications and eligibility for grants for construction of

teaching facilities for medical, dental, and other health

personnel, prior to the general revision of this subchapter by Pub.

L. 102-408.

A prior section 737 of act July 1, 1944, was classified to

section 294j of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 293d of this title.

-End-

-CITE-

42 USC Sec. 293b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part B - Health Professions Training for Diversity

-HEAD-

Sec. 293b. Loan repayments and fellowships regarding faculty

positions

-STATUTE-

(a) Loan repayments

(1) Establishment of program

The Secretary shall establish a program of entering into

contracts with individuals described in paragraph (2) under which

the individuals agree to serve as members of the faculties of

schools described in paragraph (3) in consideration of the

Federal Government agreeing to pay, for each year of such

service, not more than $20,000 of the principal and interest of

the educational loans of such individuals.

(2) Eligible individuals

The individuals referred to in paragraph (1) are individuals

from disadvantaged backgrounds who -

(A) have a degree in medicine, osteopathic medicine,

dentistry, nursing, or another health profession;

(B) are enrolled in an approved graduate training program in

medicine, osteopathic medicine, dentistry, nursing, or other

health profession; or

(C) are enrolled as full-time students -

(i) in an accredited (as determined by the Secretary)

school described in paragraph (3); and

(ii) in the final year of a course of a study or program,

offered by such institution and approved by the Secretary,

leading to a degree from such a school.

(3) Eligible health professions schools

The schools described in this paragraph are schools of

medicine, nursing (as schools of nursing are defined in section

296 of this title), osteopathic medicine, dentistry, pharmacy,

allied health, podiatric medicine, optometry, veterinary

medicine, or public health, or schools offering graduate programs

in behavioral and mental health.

(4) Requirements regarding faculty positions

The Secretary may not enter into a contract under paragraph (1)

unless -

(A) the individual involved has entered into a contract with

a school described in paragraph (3) to serve as a member of the

faculty of the school for not less than 2 years; and

(B) the contract referred to in subparagraph (A) provides

that -

(i) the school will, for each year for which the individual

will serve as a member of the faculty under the contract with

the school, make payments of the principal and interest due

on the educational loans of the individual for such year in

an amount equal to the amount of such payments made by the

Secretary for the year;

(ii) the payments made by the school pursuant to clause (i)

on behalf of the individual will be in addition to the pay

that the individual would otherwise receive for serving as a

member of such faculty; and

(iii) the school, in making a determination of the amount

of compensation to be provided by the school to the

individual for serving as a member of the faculty, will make

the determination without regard to the amount of payments

made (or to be made) to the individual by the Federal

Government under paragraph (1).

(5) Applicability of certain provisions

The provisions of sections 254m, 254p, and 254q-1 of this title

shall apply to the program established in paragraph (1) to the

same extent and in the same manner as such provisions apply to

the National Health Service Corps Loan Repayment Program

established in subpart III of part D of subchapter II of this

chapter, including the applicability of provisions regarding

reimbursements for increased tax liability and regarding

bankruptcy.

(6) Waiver regarding school contributions

The Secretary may waive the requirement established in

paragraph (4)(B) if the Secretary determines that the requirement

will impose an undue financial hardship on the school involved.

(b) Fellowships

(1) In general

The Secretary may make grants to and enter into contracts with

eligible entities to assist such entities in increasing the

number of underrepresented minority individuals who are members

of the faculty of such schools.

(2) Applications

To be eligible to receive a grant or contract under this

subsection, an entity shall provide an assurance, in the

application submitted by the entity, that -

(A) amounts received under such a grant or contract will be

used to award a fellowship to an individual only if the

individual meets the requirements of paragraphs (3) and (4);

and

(B) each fellowship awarded pursuant to the grant or contract

will include -

(i) a stipend in an amount not exceeding 50 percent of the

regular salary of a similar faculty member for not to exceed

3 years of training; and

(ii) an allowance for other expenses, such as travel to

professional meetings and costs related to specialized

training.

(3) Eligibility

To be eligible to receive a grant or contract under paragraph

(1), an applicant shall demonstrate to the Secretary that such

applicant has or will have the ability to -

(A) identify, recruit and select underrepresented minority

individuals who have the potential for teaching,

administration, or conducting research at a health professions

institution;

(B) provide such individuals with the skills necessary to

enable them to secure a tenured faculty position at such

institution, which may include training with respect to

pedagogical skills, program administration, the design and

conduct of research, grants writing, and the preparation of

articles suitable for publication in peer reviewed journals;

(C) provide services designed to assist such individuals in

their preparation for an academic career, including the

provision of counselors; and

(D) provide health services to rural or medically underserved

populations.

(4) Requirements

To be eligible to receive a grant or contract under paragraph

(1) an applicant shall -

(A) provide an assurance that such applicant will make

available (directly through cash donations) $1 for every $1 of

Federal funds received under this section for the fellowship;

(B) provide an assurance that institutional support will be

provided for the individual for the second and third years at a

level that is equal to the total amount of institutional funds

provided in the year in which the grant or contract was

awarded;

(C) provide an assurance that the individual that will

receive the fellowship will be a member of the faculty of the

applicant school; and

(D) provide an assurance that the individual that will

receive the fellowship will have, at a minimum, appropriate

advanced preparation (such as a master's or doctoral degree)

and special skills necessary to enable such individual to teach

and practice.

(5) Definition

For purposes of this subsection, the term "underrepresented

minority individuals" means individuals who are members of racial

or ethnic minority groups that are underrepresented in the health

professions including nursing.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 738, as added Pub. L.

105-392, title I, Sec. 101(a), Nov. 13, 1998, 112 Stat. 3532.)

-REFTEXT-

REFERENCES IN TEXT

Subpart III of part D of subchapter II of this chapter, referred

to in subsec. (a)(5), is classified to section 254l et seq. of this

title.

-MISC1-

PRIOR PROVISIONS

A prior section 293b, act July 1, 1944, ch. 373, title VII, Sec.

738, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2025, related to loan repayments and fellowships

regarding faculty positions, prior to the general amendment of this

part by Pub. L. 105-392.

Another prior section 293b, act July 1, 1944, ch. 373, title VII,

Sec. 722, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77

Stat. 168; amended Aug. 16, 1968, Pub. L. 90-490, title I, Secs.

102(a), 104(a), 82 Stat. 773, 774; Nov. 18, 1971, Pub. L. 92-157,

title I, Sec. 102(b), (j)(4), (7), 85 Stat. 431, 436, 437; Oct. 12,

1976, Pub. L. 94-484, title III, Sec. 304, 90 Stat. 2255; Aug. 13,

1981, Pub. L. 97-35, title XXVII, Sec. 2723(e), 95 Stat. 916,

related to amounts of grants and grants for multipurpose

facilities, prior to the general revision of this subchapter by

Pub. L. 102-408.

A prior section 738 of act July 1, 1944, was classified to

section 294k of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 293d of this title.

-End-

-CITE-

42 USC Sec. 293c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part B - Health Professions Training for Diversity

-HEAD-

Sec. 293c. Educational assistance in the health professions

regarding individuals from disadvantaged backgrounds

-STATUTE-

(a) In general

(1) Authority for grants

For the purpose of assisting individuals from disadvantaged

backgrounds, as determined in accordance with criteria prescribed

by the Secretary, to undertake education to enter a health

profession, the Secretary may make grants to and enter into

contracts with schools of medicine, osteopathic medicine, public

health, dentistry, veterinary medicine, optometry, pharmacy,

allied health, chiropractic, and podiatric medicine, public and

nonprofit private schools that offer graduate programs in

behavioral and mental health, programs for the training of

physician assistants, and other public or private nonprofit

health or educational entities to assist in meeting the costs

described in paragraph (2).

(2) Authorized expenditures

A grant or contract under paragraph (1) may be used by the

entity to meet the cost of -

(A) identifying, recruiting, and selecting individuals from

disadvantaged backgrounds, as so determined, for education and

training in a health profession;

(B) facilitating the entry of such individuals into such a

school;

(C) providing counseling, mentoring, or other services

designed to assist such individuals to complete successfully

their education at such a school;

(D) providing, for a period prior to the entry of such

individuals into the regular course of education of such a

school, preliminary education and health research training

designed to assist them to complete successfully such regular

course of education at such a school, or referring such

individuals to institutions providing such preliminary

education;

(E) publicizing existing sources of financial aid available

to students in the education program of such a school or who

are undertaking training necessary to qualify them to enroll in

such a program;

(F) paying such scholarships as the Secretary may determine

for such individuals for any period of health professions

education at a health professions school;

(G) paying such stipends as the Secretary may approve for

such individuals for any period of education in

student-enhancement programs (other than regular courses),

except that such a stipend may not be provided to an individual

for more than 12 months, and such a stipend shall be in an

amount determined appropriate by the Secretary (notwithstanding

any other provision of law regarding the amount of stipends);

(H) carrying out programs under which such individuals gain

experience regarding a career in a field of primary health care

through working at facilities of public or private nonprofit

community-based providers of primary health services; and

(I) conducting activities to develop a larger and more

competitive applicant pool through partnerships with

institutions of higher education, school districts, and other

community-based entities.

(3) Definition

In this section, the term "regular course of education of such

a school" as used in subparagraph (D) includes a graduate program

in behavioral or mental health.

(b) Requirements for awards

In making awards to eligible entities under subsection (a)(1) of

this section, the Secretary shall give preference to approved

applications for programs that involve a comprehensive approach by

several public or nonprofit private health or educational entities

to establish, enhance and expand educational programs that will

result in the development of a competitive applicant pool of

individuals from disadvantaged backgrounds who desire to pursue

health professions careers. In considering awards for such a

comprehensive partnership approach, the following shall apply with

respect to the entity involved:

(1) The entity shall have a demonstrated commitment to such

approach through formal agreements that have common objectives

with institutions of higher education, school districts, and

other community-based entities.

(2) Such formal agreements shall reflect the coordination of

educational activities and support services, increased linkages,

and the consolidation of resources within a specific geographic

area.

(3) The design of the educational activities involved shall

provide for the establishment of a competitive health professions

applicant pool of individuals from disadvantaged backgrounds by

enhancing the total preparation (academic and social) of such

individuals to pursue a health professions career.

(4) The programs or activities under the award shall focus on

developing a culturally competent health care workforce that will

serve the unserved and underserved populations within the

geographic area.

(c) Equitable allocation of financial assistance

The Secretary, to the extent practicable, shall ensure that

services and activities under subsection (a) of this section are

adequately allocated among the various racial and ethnic

populations who are from disadvantaged backgrounds.

(d) Matching requirements

The Secretary may require that an entity that applies for a grant

or contract under subsection (a) of this section, provide

non-Federal matching funds, as appropriate, to ensure the

institutional commitment of the entity to the projects funded under

the grant or contract. As determined by the Secretary, such

non-Federal matching funds may be provided directly or through

donations from public or private entities and may be in cash or

in-kind, fairly evaluated, including plant, equipment, or services.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 739, as added Pub. L.

105-392, title I, Sec. 101(a), Nov. 13, 1998, 112 Stat. 3534.)

-MISC1-

PRIOR PROVISIONS

A prior section 293c, act July 1, 1944, ch. 373, title VII, Sec.

739, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2027, related to centers of excellence in health

professions education for minority individuals, prior to the

general amendment of this part by Pub. L. 105-392. See section 293

of this title.

Another prior section 293c, act July 1, 1944, ch. 373, title VII,

Sec. 723, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77

Stat. 168; amended Aug. 16, 1968, Pub. L. 90-490, title I, Sec.

103(a)(1), (2), 82 Stat. 773; Nov. 18, 1971, Pub. L. 92-157,title

I, Sec. 102(c)(5), (f)(2)(C), (j)(1), (5), 85 Stat. 432, 435-437;

Oct. 12, 1976, Pub. L. 94-484, title III, Sec. 305, 90 Stat. 2255;

Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec. 2723(f), 95 Stat.

916; Oct. 22, 1985, Pub. L. 99-129, title II, Sec. 207(a), 99 Stat.

527, related to recovery by United States of grant moneys where

facility was no longer owned by a public or nonprofit agency or

where it ceased to be used for teaching or training purposes, prior

to the general revision of this subchapter by Pub. L. 102-408.

A prior section 739 of act July 1, 1944, was classified to

section 294l of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 287a-2, 293d of this

title.

-End-

-CITE-

42 USC Sec. 293d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part B - Health Professions Training for Diversity

-HEAD-

Sec. 293d. Authorization of appropriation

-STATUTE-

(a) Scholarships

There are authorized to be appropriated to carry out section 293a

of this title, $37,000,000 for fiscal year 1998, and such sums as

may be necessary for each of the fiscal years 1999 through 2002. Of

the amount appropriated in any fiscal year, the Secretary shall

ensure that not less than 16 percent shall be distributed to

schools of nursing.

(b) Loan repayments and fellowships

For the purpose of carrying out section 293b of this title, there

is authorized to be appropriated $1,100,000 for fiscal year 1998,

and such sums as may be necessary for each of the fiscal years 1999

through 2002.

(c) Educational assistance in health professions regarding

individuals from disadvantaged backgrounds

For the purpose of grants and contracts under section 293c(a)(1)

of this title, there is authorized to be appropriated $29,400,000

for fiscal year 1998, and such sums as may be necessary for each of

the fiscal years 1999 through 2002. The Secretary may use not to

exceed 20 percent of the amount appropriated for a fiscal year

under this subsection to provide scholarships under section

293c(a)(2)(F) of this title.

(d) Report

Not later than 6 months after November 13, 1998, the Secretary

shall prepare and submit to the appropriate committees of Congress

a report concerning the efforts of the Secretary to address the

need for a representative mix of individuals from historically

minority health professions schools, or from institutions or other

entities that historically or by geographic location have a

demonstrated record of training or educating underrepresented

minorities, within various health professions disciplines, on peer

review councils.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 740, as added Pub. L.

105-392, title I, Sec. 101(a), Nov. 13, 1998, 112 Stat. 3536.)

-MISC1-

PRIOR PROVISIONS

A prior section 293d, act July 1, 1944, ch. 373, title VII, Sec.

740, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2032, related to educational assistance regarding

undergraduates, prior to the general amendment of this part by Pub.

L. 105-392.

Another prior section 293d, act July 1, 1944, ch. 373, title VII,

Sec. 724, formerly Sec. 727, as added Sept. 24, 1963, Pub. L.

88-129, Sec. 2(b), 77 Stat. 170; amended Nov. 18, 1971, Pub. L.

92-157, title I, Sec. 102(j)(7)(B), 85 Stat. 437; renumbered Sec.

724 and amended Oct. 12, 1976, Pub. L. 94-484, title III, Sec.

308(c), (d), 90 Stat. 2257, related to promulgation of regulations

by Secretary, prior to the general revision of this subchapter by

Pub. L. 102-408.

Another prior section 293d, act July 1, 1944, ch. 373, title VII,

Sec. 701, formerly Sec. 724, as added Sept. 24, 1963, Pub. L.

88-129, Sec. 2(b), 77 Stat. 169; amended Oct. 22, 1965, Pub. L.

89-290, Sec. 2(b), 79 Stat. 1056; Nov. 2, 1966, Pub. L. 89-709,

Sec. 2(c), 80 Stat. 1103; Aug. 16, 1968, Pub. L. 90-490, title I,

Sec. 105(c), 82 Stat. 774; Nov. 18, 1971, Pub. L. 92-157, title I,

Sec. 102(c)(1)-(4), (f)(2)(B), 85 Stat. 431, 432, 435, which

related to definitions, was renumbered Sec. 701 of act July 1,

1944, by Pub. L. 94-484 and transferred to section 292a of this

title.

A prior section 740 of act July 1, 1944, was classified to

section 294m of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 293a of this title.

-End-

-CITE-

42 USC Sec. 293e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part B - Health Professions Training for Diversity

-HEAD-

Sec. 293e. Grants for health professions education

-STATUTE-

(a) Grants for health professions education in health disparities

and cultural competency

(1) In general

The Secretary, acting through the Administrator of the Health

Resources and Services Administration, may make awards of grants,

contracts, or cooperative agreements to public and nonprofit

private entities (including tribal entities) for the purpose of

carrying out research and demonstration projects (including

research and demonstration projects for continuing health

professions education) for training and education of health

professionals for the reduction of disparities in health care

outcomes and the provision of culturally competent health care.

(2) Eligible entities

Unless specifically required otherwise in this subchapter, the

Secretary shall accept applications for grants or contracts under

this section from health professions schools, academic health

centers, State or local governments, or other appropriate public

or private nonprofit entities (or consortia of entities,

including entities promoting multidisciplinary approaches) for

funding and participation in health professions training

activities. The Secretary may accept applications from for-profit

private entities as determined appropriate by the Secretary.

(b) Authorization of appropriations

There are authorized to be appropriated to carry out subsection

(a) of this section, $3,500,000 for fiscal year 2001, $7,000,000

for fiscal year 2002, $7,000,000 for fiscal year 2003, and

$3,500,000 for fiscal year 2004.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 741, as added Pub. L.

106-525, title IV, Sec. 401(a), Nov. 22, 2000, 114 Stat. 2508.)

-MISC1-

PRIOR PROVISIONS

A prior section 293e, act July 1, 1944, ch. 373, title VII, Sec.

725, formerly Sec. 728, as added Sept. 24, 1963, Pub. L. 88-129,

Sec. 2(b), 77 Stat. 170; amended Sept. 4, 1964, Pub. L. 88-581,

Sec. 3(d), 78 Stat. 919; Nov. 18, 1971, Pub. L. 92-157, title I,

Sec. 102(i), 85 Stat. 436; renumbered Sec. 725, Oct. 12, 1976, Pub.

L. 94-484, title III, Sec. 308(d), 90 Stat. 2257, related to

technical assistance to applicants for grants for construction of

teaching facilities for medical, dental, and other health

personnel, and to States or interstate planning agencies to plan

programs for relieving shortages of training of health personnel,

prior to the general amendment of this subchapter by Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 1994.

Another prior section 293e, act July 1, 1944, ch. 373, title VII,

Sec. 702, formerly Sec. 725, as added Sept. 24, 1963, Pub. L.

88-129, Sec. 2(b), 77 Stat. 169; amended Sept. 4, 1964, Pub. L.

88-581, Sec. 3(c), 78 Stat. 919; Nov. 2, 1966, Pub. L. 89-709, Sec.

2(d), 80 Stat. 1103; Nov. 3, 1966, Pub. L. 89-751, Sec. 3(a), 80

Stat. 1230; Dec. 5, 1967, Pub. L. 90-174, Sec. 12(c), 81 Stat. 541;

Oct. 30, 1970, Pub. L. 91-515, title VI, Sec. 601(b)(2), 84 Stat.

1311; Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 108(a), 85 Stat.

460, was renumbered Sec. 702 of act July 1, 1944, by Pub. L. 94-484

and transferred to section 292b of this title, and subsequently

omitted in the general amendment of this subchapter by Pub. L.

102-408.

A prior section 293f, act July 1, 1944, ch. 373, title VII, Sec.

726, formerly Sec. 729, as added Nov. 18, 1971, Pub. L. 92-157,

title I, Sec. 102(d), 85 Stat. 432; renumbered Sec. 726 and amended

Oct. 12, 1976, Pub. L. 94-484, title I, Sec. 101(d), title III,

Secs. 306, 308(d), 90 Stat. 2244, 2256, 2257; Aug. 13, 1981, Pub.

L. 97-35, title XXVII, Sec. 2725, 95 Stat. 916, related to loan

guarantees and interest subsidies, prior to the general amendment

of this subchapter by Pub. L. 102-408, title I, Sec. 102, Oct. 13,

1992, 106 Stat. 1994.

Another prior section 293f, act July 1, 1944, ch. 373, title VII,

Sec. 726, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77

Stat. 170, provided for noninterference with administration of

institutions, prior to repeal by Pub. L. 94-484, title III, Sec.

308(b), Oct. 12, 1976, 90 Stat. 2257.

A prior section 293g, act July 1, 1944, ch. 373, title VII, Sec.

727, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77 Stat.

170; amended Nov. 18, 1971, Pub. L. 92-157, title I, Sec.

102(j)(7)(B), 85 Stat. 437, which related to regulations, was

renumbered section 724 of act July 1, 1944, by Pub. L. 94-484 and

transferred to section 293d of this title, and subsequently omitted

in the general amendment of this subchapter by Pub. L. 102-408.

A prior section 293h, act July 1, 1944, ch. 373, title VII, Sec.

728, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77 Stat.

170; amended Sept. 4, 1964, Pub. L. 88-581, Sec. 3(d), 78 Stat.

919; Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 102(i), 85 Stat.

436, which related to technical assistance, was renumbered section

726 of act July 1, 1944, by Pub. L. 94-484 and transferred to

section 293e of this title, and subsequently omitted in the general

amendment of this subchapter by Pub. L. 102-408.

A prior section 293i, act July 1, 1944, ch. 373, title VII, Sec.

729, as added Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 102(d),

85 Stat. 432, which related to loan guarantees and interest

subsidies, was renumbered section 726 of act July 1, 1944, by Pub.

L. 94-484 and transferred to section 293f of this title, and

subsequently omitted in the general amendment of this subchapter by

Pub. L. 102-408.

NATIONAL CONFERENCE ON HEALTH PROFESSIONS EDUCATION AND HEALTH

DISPARITIES

Pub. L. 106-525, title IV, Sec. 402, Nov. 22, 2000, 114 Stat.

2509, provided that:

"(a) In General. - Not later than 1 year after the date of

enactment of this Act [Nov. 22, 2000], the Secretary of Health and

Human Services (in this section referred to as the 'Secretary'),

acting through the Administrator of the Health Resources and

Services Administration, shall convene a national conference on

health professions education as a method for reducing disparities

in health outcomes.

"(b) Participants. - The Secretary shall include in the national

conference convened under subsection (a) advocacy groups and

educational entities as described in section 741 of the Public

Health Service Act [this section] (as added by section 401), tribal

health programs, health centers under section 330 of such Act

[section 254b of this title], and other interested parties.

"(c) Issues. - The national conference convened under subsection

(a) shall include, but is not limited to, issues that address the

role and impact of health professions education on the reduction of

disparities in health outcomes, including the role of education on

cultural competency. The conference shall focus on methods to

achieve reductions in disparities in health outcomes through health

professions education (including continuing education programs) and

strategies for outcomes measurement to assess the effectiveness of

education in reducing disparities.

"(d) Publication of Findings. - Not later than 6 months after the

national conference under subsection (a) has convened, the

Secretary shall publish in the Federal Register a summary of the

proceedings and findings of the conference.

"(e) Authorization of Appropriations. - There is authorized to be

appropriated such sums as may be necessary to carry out this

section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 296e-1 of this title.

-End-

-CITE-

42 USC Part C - Training in Family Medicine, General

Internal Medicine, General

Pediatrics, Physician Assistants,

General Dentistry, and Pediatric

Dentistry 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part C - Training in Family Medicine, General Internal Medicine,

General Pediatrics, Physician Assistants, General

Dentistry, and Pediatric Dentistry

-HEAD-

PART C - TRAINING IN FAMILY MEDICINE, GENERAL INTERNAL MEDICINE,

GENERAL PEDIATRICS, PHYSICIAN ASSISTANTS, GENERAL DENTISTRY, AND

PEDIATRIC DENTISTRY

-End-

-CITE-

42 USC Sec. 293j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part C - Training in Family Medicine, General Internal Medicine,

General Pediatrics, Physician Assistants, General

Dentistry, and Pediatric Dentistry

-HEAD-

Sec. 293j. Repealed. Pub. L. 105-392, title I, Sec. 102(2), Nov.

13, 1998, 112 Stat. 3537

-MISC1-

Section, act July 1, 1944, ch. 373, title VII, Sec. 746, as added

Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2034;

amended Pub. L. 102-531, title III, Sec. 313(a)(2), Oct. 27, 1992,

106 Stat. 3507; Pub. L. 103-43, title XX, Sec. 2008(i)(3), June 10,

1993, 107 Stat. 213, related to area health education center

programs.

A prior section 746 of act July 1, 1944, was classified to

section 294q-2 of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

-End-

-CITE-

42 USC Sec. 293k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part C - Training in Family Medicine, General Internal Medicine,

General Pediatrics, Physician Assistants, General

Dentistry, and Pediatric Dentistry

-HEAD-

Sec. 293k. Family medicine, general internal medicine, general

pediatrics, general dentistry, pediatric dentistry, and physician

assistants

-STATUTE-

(a) Training generally

The Secretary may make grants to, or enter into contracts with,

any public or nonprofit private hospital, school of medicine or

osteopathic medicine, or to or with a public or private nonprofit

entity (which the Secretary has determined is capable of carrying

out such grant or contract) -

(1) to plan, develop, and operate, or participate in, an

approved professional training program (including an approved

residency or internship program) in the field of family medicine,

internal medicine, or pediatrics for medical (M.D. and D.O.)

students, interns (including interns in internships in

osteopathic medicine), residents, or practicing physicians that

emphasizes training for the practice of family medicine, general

internal medicine, or general pediatrics (as defined by the

Secretary);

(2) to provide financial assistance (in the form of

traineeships and fellowships) to medical (M.D. and D.O.)

students, interns (including interns in internships in

osteopathic medicine), residents, practicing physicians, or other

medical personnel, who are in need thereof, who are participants

in any such program, and who plan to specialize or work in the

practice of family medicine, general internal medicine, or

general pediatrics;

(3) to plan, develop, and operate a program for the training of

physicians who plan to teach in family medicine (including

geriatrics), general internal medicine or general pediatrics

training programs;

(4) to provide financial assistance (in the form of

traineeships and fellowships) to physicians who are participants

in any such program and who plan to teach in a family medicine

(including geriatrics), general internal medicine or general

pediatrics training program;

(5) to meet the costs of projects to plan, develop, and operate

or maintain programs for the training of physician assistants (as

defined in section 295p of this title), and for the training of

individuals who will teach in programs to provide such training;

and

(6) to meet the costs of planning, developing, or operating

programs, and to provide financial assistance to residents in

such programs, of general dentistry or pediatric dentistry.

For purposes of paragraph (6), entities eligible for such grants or

contracts shall include entities that have programs in dental

schools, approved residency programs in the general or pediatric

practice of dentistry, approved advanced education programs in the

general or pediatric practice of dentistry, or approved residency

programs in pediatric dentistry.

(b) Academic administrative units

(1) In general

The Secretary may make grants to or enter into contracts with

schools of medicine or osteopathic medicine to meet the costs of

projects to establish, maintain, or improve academic

administrative units (which may be departments, divisions, or

other units) to provide clinical instruction in family medicine,

general internal medicine, or general pediatrics.

(2) Preference in making awards

In making awards of grants and contracts under paragraph (1),

the Secretary shall give preference to any qualified applicant

for such an award that agrees to expend the award for the purpose

of -

(A) establishing an academic administrative unit for programs

in family medicine, general internal medicine, or general

pediatrics; (!1)

(B) substantially expanding the programs of such a unit; or

(!1)

(3) Priority in making awards

In making awards of grants and contracts under paragraph (1),

the Secretary shall give priority to any qualified applicant for

such an award that proposes a collaborative project between

departments of primary care.

(c) Priority

(1) In general

With respect to programs for the training of interns or

residents, the Secretary shall give priority in awarding grants

under this section to qualified applicants that have a record of

training the greatest percentage of providers, or that have

demonstrated significant improvements in the percentage of

providers, which enter and remain in primary care practice or

general or pediatric dentistry.

(2) Disadvantaged individuals

With respect to programs for the training of interns,

residents, or physician assistants, the Secretary shall give

priority in awarding grants under this section to qualified

applicants that have a record of training individuals who are

from disadvantaged backgrounds (including racial and ethnic

minorities underrepresented among primary care practice or

general or pediatric dentistry).

(3) Special consideration

In awarding grants under this section the Secretary shall give

special consideration to projects which prepare practitioners to

care for underserved populations and other high risk groups such

as the elderly, individuals with HIV-AIDS, substance abusers,

homeless, and victims of domestic violence.

(d) Duration of award

The period during which payments are made to an entity from an

award of a grant or contract under subsection (a) of this section

may not exceed 5 years. The provision of such payments shall be

subject to annual approval by the Secretary of the payments and

subject to the availability of appropriations for the fiscal year

involved to make the payments.

(e) Funding

(1) Authorization of appropriations

For the purpose of carrying out this section, there is

authorized to be appropriated $78,300,000 for fiscal year 1998,

and such sums as may be necessary for each of the fiscal years

1999 through 2002.

(2) Allocation

(A) In general

Of the amounts appropriated under paragraph (1) for a fiscal

year, the Secretary shall make available -

(i) not less than $49,300,000 for awards of grants and

contracts under subsection (a) of this section to programs of

family medicine, of which not less than $8,600,000 shall be

made available for awards of grants and contracts under

subsection (b) of this section for family medicine academic

administrative units;

(ii) not less than $17,700,000 for awards of grants and

contracts under subsection (a) of this section to programs of

general internal medicine and general pediatrics;

(iii) not less than $6,800,000 for awards of grants and

contracts under subsection (a) of this section to programs

relating to physician assistants; and

(iv) not less than $4,500,000 for awards of grants and

contracts under subsection (a) of this section to programs of

general or pediatric dentistry.

(B) Ratable reduction

If amounts appropriated under paragraph (1) for any fiscal

year are less than the amount required to comply with

subparagraph (A), the Secretary shall ratably reduce the amount

to be made available under each of clauses (i) through (iv) of

such subparagraph accordingly.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 747, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2042; amended

Pub. L. 105-392, title I, Sec. 102(3), Nov. 13, 1998, 112 Stat.

3537.)

-MISC1-

PRIOR PROVISIONS

A prior section 747 of act July 1, 1944, was classified to

section 294q-3 of this title prior to the general revision of this

subchapter by Pub. L. 102-408.

AMENDMENTS

1998 - Pub. L. 105-392, Sec. 102(3)(A), substituted "Family

medicine, general internal medicine, general pediatrics, general

dentistry, pediatric dentistry, and physician assistants" for

"Family medicine" in section catchline.

Subsec. (a). Pub. L. 105-392, Sec. 102(3)(B)(iv), (v), (vii),

added pars. (5) and (6) and concluding provisions.

Subsec. (a)(1). Pub. L. 105-392, Sec. 102(3)(B)(i), inserted ",

internal medicine, or pediatrics" after "family medicine" and

inserted before semicolon at end "that emphasizes training for the

practice of family medicine, general internal medicine, or general

pediatrics (as defined by the Secretary)".

Subsec. (a)(2). Pub. L. 105-392, Sec. 102(3)(B)(ii), inserted ",

general internal medicine, or general pediatrics" before semicolon

at end.

Subsec. (a)(3), (4). Pub. L. 105-392, Sec. 102(3)(B)(iii),

inserted "(including geriatrics), general internal medicine or

general pediatrics" after "family medicine".

Subsec. (b)(1), (2)(A). Pub. L. 105-392, Sec. 102(3)(C)(i),

inserted ", general internal medicine, or general pediatrics" after

"family medicine".

Subsec. (b)(3). Pub. L. 105-392, Sec. 102(3)(C)(ii), (iii), added

par. (3).

Subsecs. (c) to (e). Pub. L. 105-392, Sec. 102(3)(D), (E), added

subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and

(e), respectively.

Subsec. (e)(1). Pub. L. 105-392, Sec. 102(3)(F)(i), substituted

"$78,300,000 for fiscal year 1998, and such sums as may be

necessary for each of the fiscal years 1999 through 2002." for

"$54,000,000 for each of the fiscal years 1993 through 1995."

Subsec. (e)(2). Pub. L. 105-392, Sec. 102(3)(F)(ii), added par.

(2) and struck out heading and text of former par. (2). Text read

as follows: "Of the amounts appropriated under paragraph (1) for a

fiscal year, the Secretary shall make available not less than 20

percent for awards of grants and contracts under subsection (b) of

this section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 288, 293l, 295j of this

title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 293l 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part C - Training in Family Medicine, General Internal Medicine,

General Pediatrics, Physician Assistants, General

Dentistry, and Pediatric Dentistry

-HEAD-

Sec. 293l. Advisory Committee on Training in Primary Care Medicine

and Dentistry

-STATUTE-

(a) Establishment

The Secretary shall establish an advisory committee to be known

as the Advisory Committee on Training in Primary Care Medicine and

Dentistry (in this section referred to as the "Advisory

Committee").

(b) Composition

(1) In general

The Secretary shall determine the appropriate number of

individuals to serve on the Advisory Committee. Such individuals

shall not be officers or employees of the Federal Government.

(2) Appointment

Not later than 90 days after November 13, 1998, the Secretary

shall appoint the members of the Advisory Committee from among

individuals who are health professionals. In making such

appointments, the Secretary shall ensure a fair balance between

the health professions, that at least 75 percent of the members

of the Advisory Committee are health professionals, a broad

geographic representation of members and a balance between urban

and rural members. Members shall be appointed based on their

competence, interest, and knowledge of the mission of the

profession involved.

(3) Minority representation

In appointing the members of the Advisory Committee under

paragraph (2), the Secretary shall ensure the adequate

representation of women and minorities.

(c) Terms

(1) In general

A member of the Advisory Committee shall be appointed for a

term of 3 years, except that of the members first appointed -

(A) 1/3 of such members shall serve for a term of 1 year;

(B) 1/3 of such members shall serve for a term of 2 years;

and

(C) 1/3 of such members shall serve for a term of 3 years.

(2) Vacancies

(A) In general

A vacancy on the Advisory Committee shall be filled in the

manner in which the original appointment was made and shall be

subject to any conditions which applied with respect to the

original appointment.

(B) Filling unexpired term

An individual chosen to fill a vacancy shall be appointed for

the unexpired term of the member replaced.

(d) Duties

The Advisory Committee shall -

(1) provide advice and recommendations to the Secretary

concerning policy and program development and other matters of

significance concerning the activities under section 293k of this

title; and

(2) not later than 3 years after November 13, 1998, and

annually thereafter, prepare and submit to the Secretary, and the

Committee on Labor and Human Resources of the Senate, and the

Committee on Commerce of the House of Representatives, a report

describing the activities of the Committee, including findings

and recommendations made by the Committee concerning the

activities under section 293k of this title.

(e) Meetings and documents

(1) Meetings

The Advisory Committee shall meet not less than 2 times each

year. Such meetings shall be held jointly with other related

entities established under this subchapter where appropriate.

(2) Documents

Not later than 14 days prior to the convening of a meeting

under paragraph (1), the Advisory Committee shall prepare and

make available an agenda of the matters to be considered by the

Advisory Committee at such meeting. At any such meeting, the

Advisory Council (!1) shall distribute materials with respect to

the issues to be addressed at the meeting. Not later than 30 days

after the adjourning of such a meeting, the Advisory Committee

shall prepare and make available a summary of the meeting and any

actions taken by the Committee based upon the meeting.

(f) Compensation and expenses

(1) Compensation

Each member of the Advisory Committee shall be compensated at a

rate equal to the daily equivalent of the annual rate of basic

pay prescribed for level IV of the Executive Schedule under

section 5315 of title 5 for each day (including travel time)

during which such member is engaged in the performance of the

duties of the Committee.

(2) Expenses

The members of the Advisory Committee shall be allowed travel

expenses, including per diem in lieu of subsistence, at rates

authorized for employees of agencies under subchapter I of

chapter 57 of title 5 while away from their homes or regular

places of business in the performance of services for the

Committee.

(g) FACA

The Federal Advisory Committee Act shall apply to the Advisory

Committee under this section only to the extent that the provisions

of such Act do not conflict with the requirements of this section.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 748, as added Pub. L.

105-392, title I, Sec. 102(4), Nov. 13, 1998, 112 Stat. 3539.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (g),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

November 13, 1998, referred to in subsec. (b)(2), was in the

original "the date of enactment of this Act", which was translated

as meaning the date of enactment of Pub. L. 105-392, which enacted

this section, to reflect the probable intent of Congress.

-MISC1-

PRIOR PROVISIONS

A prior section 293l, act July 1, 1944, ch. 373, title VII, Sec.

748, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2043; amended Pub. L. 102-531, title III, Sec. 313(a)(3),

Oct. 27, 1992, 106 Stat. 3507, authorized grants and contracts for

development of general internal medicine and general pediatrics

training programs, prior to repeal by Pub. L. 105-392, title I,

Sec. 102(4), Nov. 13, 1998, 112 Stat. 3539.

A prior section 748 of act July 1, 1944, was classified to

section 294r of this title prior to renumbering by Pub. L. 97-35.

-CHANGE-

CHANGE OF NAME

Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-MISC2-

TERMINATION OF ADVISORY COMMITTEES

Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a

note under section 217a of this title, provided that an advisory

committee established pursuant to the Public Health Service Act

shall terminate at such time as may be specifically prescribed by

an Act of Congress enacted after Jan. 4, 1975.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 288 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "Committee".

-End-

-CITE-

42 USC Secs. 293m to 293p 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part C - Training in Family Medicine, General Internal Medicine,

General Pediatrics, Physician Assistants, General

Dentistry, and Pediatric Dentistry

-HEAD-

Secs. 293m to 293p. Repealed. Pub. L. 105-392, title I, Sec.

102(4), Nov. 13, 1998, 112 Stat. 3539

-MISC1-

Section 293m, act July 1, 1944, ch. 373, title VII, Sec. 749, as

added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat.

2043, authorized grants and contracts for development of programs

in general practice of dentistry.

A prior section 749 of act July 1, 1944, was classified to

section 294s of this title prior to renumbering by Pub. L. 97-35.

Section 293n, act July 1, 1944, ch. 373, title VII, Sec. 750, as

added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat.

2044, authorized grants and contracts for development of training

programs for physician assistants.

Section 293o, act July 1, 1944, ch. 373, title VII, Sec. 751, as

added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat.

2044, authorized grants and contracts for implementation of

training projects for podiatric physicians.

Section 293p, act July 1, 1944, ch. 373, title VII, Sec. 752, as

added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat.

2045, set forth general provisions relating to traineeships and

fellowships.

-End-

-CITE-

42 USC Part D - Interdisciplinary, Community-Based

Linkages 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part D - Interdisciplinary, Community-Based Linkages

-HEAD-

PART D - INTERDISCIPLINARY, COMMUNITY-BASED LINKAGES

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 295o-1 of this title.

-End-

-CITE-

42 USC Sec. 294 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part D - Interdisciplinary, Community-Based Linkages

-HEAD-

Sec. 294. General provisions

-STATUTE-

(a) Collaboration

To be eligible to receive assistance under this part, an academic

institution shall use such assistance in collaboration with 2 or

more disciplines.

(b) Activities

An entity shall use assistance under this part to carry out

innovative demonstration projects for strategic workforce

supplementation activities as needed to meet national goals for

interdisciplinary, community-based linkages. Such assistance may be

used consistent with this part -

(1) to develop and support training programs;

(2) for faculty development;

(3) for model demonstration programs;

(4) for the provision of stipends for fellowship trainees;

(5) to provide technical assistance; and

(6) for other activities that will produce outcomes consistent

with the purposes of this part.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 750, as added Pub. L.

105-392, title I, Sec. 103, Nov. 13, 1998, 112 Stat. 3541.)

-MISC1-

PRIOR PROVISIONS

A prior section 294, act July 1, 1944, ch. 373, title VII, Sec.

761, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2045; amended Pub. L. 103-43, title XX, Sec. 2014(e),

June 10, 1993, 107 Stat. 217, authorized grants for traineeships in

health professions fields experiencing severe shortages of health

professionals, prior to the general amendment of this part by Pub.

L. 105-392.

Another prior section 294, act July 1, 1944, ch. 373, title VII,

Sec. 727, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec.

401(b)(3), 90 Stat. 2257; amended Dec. 19, 1977, Pub. L. 95-215,

Sec. 4(e)(1), 91 Stat. 1506, stated purpose of and authorized

appropriations for Federal program of student loan insurance, prior

to the general amendment of this subchapter by Pub. L. 102-408. See

sections 292 and 292p of this title.

Another prior section 294, act July 1, 1944, ch. 373, title VII,

Sec. 740, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77

Stat. 170; amended Oct. 13, 1964, Pub. L. 88-654, Sec. 1(a), (b),

78 Stat. 1086; Oct. 22, 1965, Pub. L. 89-290, Secs. 2(b), 4(a),

(f)(1), (2), 79 Stat. 1056 to 1058; Nov. 2, 1966, Pub. L. 89-709,

Sec. 3(a), (b), 80 Stat. 1103; Nov. 3, 1966, Pub. L. 89-751, Sec.

5(c)(1), 80 Stat. 1232; Aug. 16, 1968, Pub. L. 90-490, title I Sec.

121(a)(1), (2), (5)(B), 82 Stat. 777, 778; Nov. 18, 1971, Pub. L.

92-157, title I, Sec. 105(e)(1), (4), (f)(2), 85 Stat. 451; Aug.

23, 1974, Pub. L. 93-385, Sec. 2(b), 88 Stat. 741; Apr. 22, 1976,

Pub. L. 94-278, title XI, 1105(b), 90 Stat. 416; Oct. 12, 1976,

Pub. L. 94-484, title IV, Sec. 402, 90 Stat. 2266, which related to

loan agreements for the establishment of student loan funds, was

transferred to section 294m of this title.

A prior section 750 of act July 1, 1944, was classified to

section 293n of this title prior to repeal by Pub. L. 105-392.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 295j of this title.

-End-

-CITE-

42 USC Sec. 294a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part D - Interdisciplinary, Community-Based Linkages

-HEAD-

Sec. 294a. Area health education centers

-STATUTE-

(a) Authority for provision of financial assistance

(1) Assistance for planning, development, and operation of

programs

(A) In general

The Secretary shall award grants to and enter into contracts

with schools of medicine and osteopathic medicine, and

incorporated consortia made up of such schools, or the parent

institutions of such schools, for projects for the planning,

development and operation of area health education center

programs that -

(i) improve the recruitment, distribution, supply, quality

and efficiency of personnel providing health services in

underserved rural and urban areas and personnel providing

health services to populations having demonstrated serious

unmet health care needs;

(ii) increase the number of primary care physicians and

other primary care providers who provide services in

underserved areas through the offering of an educational

continuum of health career recruitment through clinical

education concerning underserved areas in a comprehensive

health workforce strategy;

(iii) carry out recruitment and health career awareness

programs to recruit individuals from underserved areas and

under-represented populations, including minority and other

elementary or secondary students, into the health

professions;

(iv) prepare individuals to more effectively provide health

services to underserved areas or underserved populations

through field placements, preceptorships, the conduct of or

support of community-based primary care residency programs,

and agreements with community-based organizations such as

community health centers, migrant health centers, Indian

health centers, public health departments and others;

(v) conduct health professions education and training

activities for students of health professions schools and

medical residents;

(vi) conduct at least 10 percent of medical student

required clinical education at sites remote to the primary

teaching facility of the contracting institution; and

(vii) provide information dissemination and educational

support to reduce professional isolation, increase retention,

enhance the practice environment, and improve health care

through the timely dissemination of research findings using

relevant resources.

(B) Other eligible entities

With respect to a State in which no area health education

center program is in operation, the Secretary may award a grant

or contract under subparagraph (A) to a school of nursing.

(C) Project terms

(i) In general

Except as provided in clause (ii), the period during which

payments may be made under an award under subparagraph (A)

may not exceed -

(I) in the case of a project, 12 years or

(II) in the case of a center within a project, 6 years.

(ii) Exception

The periods described in clause (i) shall not apply to

projects that have completed the initial period of Federal

funding under this section and that desire to compete for

model awards under paragraph (2)(A).

(2) Assistance for operation of model programs

(A) In general

In the case of any entity described in paragraph (1)(A) that

-

(i) has previously received funds under this section;

(ii) is operating an area health education center program;

and

(iii) is no longer receiving financial assistance under

paragraph (1);

the Secretary may provide financial assistance to such entity

to pay the costs of operating and carrying out the requirements

of the program as described in paragraph (1).

(B) Matching requirement

With respect to the costs of operating a model program under

subparagraph (A), an entity, to be eligible for financial

assistance under subparagraph (A), shall make available

(directly or through contributions from State, county or

municipal governments, or the private sector) recurring

non-Federal contributions in cash toward such costs in an

amount that is equal to not less than 50 percent of such costs.

(C) Limitation

The aggregate amount of awards provided under subparagraph

(A) to entities in a State for a fiscal year may not exceed the

lesser of -

(i) $2,000,000; or

(ii) an amount equal to the product of $250,000 and the

aggregate number of area health education centers operated in

the State by such entities.

(b) Requirements for centers

(1) General requirement

Each area health education center that receives funds under

this section shall encourage the regionalization of health

professions schools through the establishment of partnerships

with community-based organizations.

(2) Service area

Each area health education center that receives funds under

this section shall specifically designate a geographic area or

medically underserved population to be served by the center. Such

area or population shall be in a location removed from the main

location of the teaching facilities of the schools participating

in the program with such center.

(3) Other requirements

Each area health education center that receives funds under

this section shall -

(A) assess the health personnel needs of the area to be

served by the center and assist in the planning and development

of training programs to meet such needs;

(B) arrange and support rotations for students and residents

in family medicine, general internal medicine or general

pediatrics, with at least one center in each program being

affiliated with or conducting a rotating osteopathic internship

or medical residency training program in family medicine

(including geriatrics), general internal medicine (including

geriatrics), or general pediatrics in which no fewer than 4

individuals are enrolled in first-year positions;

(C) conduct and participate in interdisciplinary training

that involves physicians and other health personnel including,

where practicable, public health professionals, physician

assistants, nurse practitioners, nurse midwives, and behavioral

and mental health providers; and

(D) have an advisory board, at least 75 percent of the

members of which shall be individuals, including both health

service providers and consumers, from the area served by the

center.

(c) Certain provisions regarding funding

(1) Allocation to center

Not less than 75 percent of the total amount of Federal funds

provided to an entity under this section shall be allocated by an

area health education center program to the area health education

center. Such entity shall enter into an agreement with each

center for purposes of specifying the allocation of such 75

percent of funds.

(2) Operating costs

With respect to the operating costs of the area health

education center program of an entity receiving funds under this

section, the entity shall make available (directly or through

contributions from State, county or municipal governments, or the

private sector) non-Federal contributions in cash toward such

costs in an amount that is equal to not less than 50 percent of

such costs, except that the Secretary may grant a waiver for up

to 75 percent of the amount of the required non-Federal match in

the first 3 years in which an entity receives funds under this

section.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 751, as added Pub. L.

105-392, title I, Sec. 103, Nov. 13, 1998, 112 Stat. 3541.)

-MISC1-

PRIOR PROVISIONS

A prior section 294a, act July 1, 1944, ch. 373, title VII, Sec.

762, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2046, authorized grants and contracts for public health

special projects, prior to the general amendment of this part by

Pub. L. 105-392.

Another prior section 294a, act July 1, 1944, ch. 373, title VII,

Sec. 728, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec.

401(b)(3), 90 Stat. 2257; amended Dec. 19, 1977, Pub. L. 95-215,

Sec. 4(e)(2)-(4), 91 Stat. 1506; Dec. 17, 1980, Pub. L. 96-538,

title IV, Sec. 401, 94 Stat. 3192; Aug. 13, 1981, Pub. L. 97-35,

title XXVII, Sec. 2726, 95 Stat. 916; Oct. 22, 1985, Pub. L.

99-129, title I, Sec. 101, title II, Sec. 208(h), 99 Stat. 523,

532; Nov. 4, 1988, Pub. L. 100-607, title VI, Secs. 602(a)-(d),

636, title VII, Sec. 707, 102 Stat. 3122, 3149, 3159; Nov. 18,

1988, Pub. L. 100-690, title II, Sec. 2615(b), 102 Stat. 4239; Aug.

16, 1989, Pub. L. 101-93, Sec. 5(g)(1), 103 Stat. 612, related to

Federal student loan insurance program, prior to the general

amendment of this subchapter by Pub. L. 102-408. See section 292a

of this title.

Another prior section 294a, act July 1, 1944, ch. 373, title VII,

Sec. 741, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77

Stat. 171; amended Oct. 13, 1964, Pub. L. 88-654, Sec. 1(c), (d),

78 Stat. 1086; Oct. 22, 1965, Pub. L. 89-290, Sec. 4(b), (f)(3),

(4), (g)(1), 79 Stat. 1057, 1058; Nov. 2, 1966, Pub. L. 89-709,

Sec. 3(c), (d), 80 Stat. 1103; Nov. 3, 1966, Pub. L. 89-751, Sec.

4, 80 Stat. 1230; Aug. 16, 1968, Pub. L. 90-490, title I, Sec.

121(a)(3), (4), (5)(A), 82 Stat. 777; Nov. 18, 1971, Pub. L.

92-157, title I, Sec. 105(b)-(d), (e)(4), (f)(2), 85 Stat. 449-451;

Oct. 27, 1972, Pub. L. 92-585, Sec. 4, 86 Stat. 1293; Oct. 12,

1976, Pub. L. 94-484, title IV, Secs. 403(a), (b), (d), 407(d)(1),

90 Stat. 2266, 2279, which related to loan provisions, was

transferred to section 294n of this title.

A prior section 751 of act July 1, 1944, was classified to

section 293o of this title prior to repeal by Pub. L. 105-392.

Another prior section 751 of act July 1, 1944, was classified to

section 294r of this title prior to the general amendment of this

subchapter by Pub. L. 102-408.

Another prior section 751 of act July 1, 1944, was classified to

section 294t of this title prior to renumbering by Pub. L. 97-35.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 294b, 294f, 294g of this

title; title 20 section 1092a.

-End-

-CITE-

42 USC Sec. 294b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part D - Interdisciplinary, Community-Based Linkages

-HEAD-

Sec. 294b. Health education and training centers

-STATUTE-

(a) In general

To be eligible for funds under this section, a health education

training center shall be an entity otherwise eligible for funds

under section 294a of this title that -

(1) addresses the persistent and severe unmet health care needs

in States along the border between the United States and Mexico

and in the State of Florida, and in other urban and rural areas

with populations with serious unmet health care needs;

(2) establishes an advisory board comprised of health service

providers, educators and consumers from the service area;

(3) conducts training and education programs for health

professions students in these areas;

(4) conducts training in health education services, including

training to prepare community health workers; and

(5) supports health professionals (including nursing)

practicing in the area through educational and other services.

(b) Allocation of funds

The Secretary shall make available 50 percent of the amounts

appropriated for each fiscal year under this section (!1) for the

establishment or operation of health education training centers

through projects in States along the border between the United

States and Mexico and in the State of Florida.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 752, as added Pub. L.

105-392, title I, Sec. 103, Nov. 13, 1998, 112 Stat. 3544.)

-REFTEXT-

REFERENCES IN TEXT

This section, referred to in subsec. (b), was in the original

"section 752" meaning section 752 of act July 1, 1944, ch. 373,

title VII, as added by Pub. L. 105-392, title I, Sec. 103, Nov. 13,

1998, 112 Stat. 3544, which is classified to this section.

Provisions allocating appropriations for awards of grants and

contracts under this section and providing that not less than 50

percent of the amount be made available for centers described in

subsection (a)(1) of this section are contained in section

757(b)(1)(B) of act July 1, 1944, which is classified to section

294g(b)(1)(B) of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 294b, act July 1, 1944, ch. 373, title VII, Sec.

763, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2047, authorized grants and contracts for development of

preventive medicine and dental public health programs, prior to the

general amendment of this part by Pub. L. 105-392.

Another prior section 294b, act July 1, 1944, ch. 373, title VII,

Sec. 729, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec.

401(b)(3), 90 Stat. 2258; amended Dec. 19, 1977, Pub. L. 95-215,

Sec. 4(e)(5), 91 Stat. 1506; Sept. 29, 1979, Pub. L. 96-76, title

II, Sec. 201, 93 Stat. 582; Aug. 13, 1981, Pub. L. 97-35, title

XXVII, Sec. 2727, 95 Stat. 917; Oct. 22, 1985, Pub. L. 99-129,

title II, Sec. 208(g)(1), 99 Stat. 531; Nov. 4, 1988, Pub. L.

100-607, title VI, Secs. 628(5), 629(b)(2), 102 Stat. 3145, 3146,

related to limitations on individually insured loans and loan

insurance, prior to the general revision of this subchapter by Pub.

L. 102-408. See section 292b of this title.

Another prior section 294b, act July 1, 1944, ch. 373, title VII,

Sec. 742, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77

Stat. 172; amended Oct. 22, 1965, Pub. L. 89-290, Sec. 4(c), 79

Stat. 1057; Nov. 2, 1966, Pub. L. 89-709, Sec. 3(e), 80 Stat. 1103;

Nov. 3, 1966, Pub. L. 89-751, Sec. 5(b), 80 Stat. 1232; Aug. 16,

1968, Pub. L. 90-490, title I, Sec. 121(b), 82 Stat. 778; July 9,

1971, Pub. L. 92-52, Sec. 1(a), 85 Stat. 144; Nov. 18, 1971, Pub.

L. 92-157, title I, Sec. 105(a), (f)(2), 85 Stat. 449, 451; Aug.

23, 1974, Pub. L. 93-385, Sec. 2(a), 88 Stat. 741; Apr. 22, 1976,

Pub. L. 94-278, title XI, Sec. 1105(a), 90 Stat. 416; Oct. 12,

1976, Pub. L. 94-484, title I, Sec. 101(e), title IV, Secs. 404,

406(d), 90 Stat. 2244, 2267, 2268, which related to authorization

of appropriations, was transferred to section 294o of this title.

A prior section 752 of act July 1, 1944, was classified to

section 293p of this title prior to repeal by Pub. L. 105-392.

Another prior section 752 of act July 1, 1944, was classified to

section 294u of this title prior to renumbering by Pub. L. 97-35.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 294g of this title; title

20 section 1092a.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 294c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part D - Interdisciplinary, Community-Based Linkages

-HEAD-

Sec. 294c. Education and training relating to geriatrics

-STATUTE-

(a) Geriatric education centers

(1) In general

The Secretary shall award grants or contracts under this

section to entities described in paragraphs (!1) (1), (3), or (4)

of section 295p of this title, and section 296(2) of this title,

for the establishment or operation of geriatric education

centers.

(2) Requirements

A geriatric education center is a program that -

(A) improves the training of health professionals in

geriatrics, including geriatric residencies, traineeships, or

fellowships;

(B) develops and disseminates curricula relating to the

treatment of the health problems of elderly individuals;

(C) supports the training and retraining of faculty to

provide instruction in geriatrics;

(D) supports continuing education of health professionals who

provide geriatric care; and

(E) provides students with clinical training in geriatrics in

nursing homes, chronic and acute disease hospitals, ambulatory

care centers, and senior centers.

(b) Geriatric training regarding physicians and dentists

(1) In general

The Secretary may make grants to, and enter into contracts

with, schools of medicine, schools of osteopathic medicine,

teaching hospitals, and graduate medical education programs, for

the purpose of providing support (including residencies,

traineeships, and fellowships) for geriatric training projects to

train physicians, dentists and behavioral and mental health

professionals who plan to teach geriatric medicine, geriatric

behavioral or mental health, or geriatric dentistry.

(2) Requirements

Each project for which a grant or contract is made under this

subsection shall -

(A) be staffed by full-time teaching physicians who have

experience or training in geriatric medicine or geriatric

behavioral or mental health;

(B) be staffed, or enter into an agreement with an

institution staffed by full-time or part-time teaching dentists

who have experience or training in geriatric dentistry;

(C) be staffed, or enter into an agreement with an

institution staffed by full-time or part-time teaching

behavioral mental health professionals who have experience or

training in geriatric behavioral or mental health;

(D) be based in a graduate medical education program in

internal medicine or family medicine or in a department of

geriatrics or behavioral or mental health;

(E) provide training in geriatrics and exposure to the

physical and mental disabilities of elderly individuals through

a variety of service rotations, such as geriatric consultation

services, acute care services, dental services, geriatric

behavioral or mental health units, day and home care programs,

rehabilitation services, extended care facilities, geriatric

ambulatory care and comprehensive evaluation units, and

community care programs for elderly mentally retarded

individuals; and

(F) provide training in geriatrics through one or both of the

training options described in subparagraphs (A) and (B) of

paragraph (3).

(3) Training options

The training options referred to in subparagraph (F) of

paragraph (2) shall be as follows:

(A) A 1-year retraining program in geriatrics for -

(i) physicians who are faculty members in departments of

internal medicine, family medicine, gynecology, geriatrics,

and behavioral or mental health at schools of medicine and

osteopathic medicine;

(ii) dentists who are faculty members at schools of

dentistry or at hospital departments of dentistry; and

(iii) behavioral or mental health professionals who are

faculty members in departments of behavioral or mental

health; and

(B) A 2-year internal medicine or family medicine fellowship

program providing emphasis in geriatrics, which shall be

designed to provide training in clinical geriatrics and

geriatrics research for -

(i) physicians who have completed graduate medical

education programs in internal medicine, family medicine,

behavioral or mental health, neurology, gynecology, or

rehabilitation medicine;

(ii) dentists who have demonstrated a commitment to an

academic career and who have completed postdoctoral dental

training, including postdoctoral dental education programs or

who have relevant advanced training or experience; and

(iii) behavioral or mental health professionals who have

completed graduate medical education programs in behavioral

or mental health.

(4) Definitions

For purposes of this subsection:

(A) The term "graduate medical education program" means a

program sponsored by a school of medicine, a school of

osteopathic medicine, a hospital, or a public or private

institution that -

(i) offers postgraduate medical training in the specialties

and subspecialties of medicine; and

(ii) has been accredited by the Accreditation Council for

Graduate Medical Education or the American Osteopathic

Association through its Committee on Postdoctoral Training.

(B) The term "post-doctoral dental education program" means a

program sponsored by a school of dentistry, a hospital, or a

public or private institution that -

(i) offers post-doctoral training in the specialties of

dentistry, advanced education in general dentistry, or a

dental general practice residency; and

(ii) has been accredited by the Commission on Dental

Accreditation.

(c) Geriatric faculty fellowships

(1) Establishment of program

The Secretary shall establish a program to provide Geriatric

Academic Career Awards to eligible individuals to promote the

career development of such individuals as academic geriatricians.

(2) Eligible individuals

To be eligible to receive an Award under paragraph (1), an

individual shall -

(A) be board certified or board eligible in internal

medicine, family practice, or psychiatry;

(B) have completed an approved fellowship program in

geriatrics; and

(C) have a junior faculty appointment at an accredited (as

determined by the Secretary) school of medicine or osteopathic

medicine.

(3) Limitations

No Award under paragraph (1) may be made to an eligible

individual unless the individual -

(A) has submitted to the Secretary an application, at such

time, in such manner, and containing such information as the

Secretary may require, and the Secretary has approved such

application; and

(B) provides, in such form and manner as the Secretary may

require, assurances that the individual will meet the service

requirement described in subsection (e) (!2).

(4) Amount and term

(A) Amount

The amount of an Award under this section shall equal $50,000

for fiscal year 1998, adjusted for subsequent fiscal years to

reflect the increase in the Consumer Price Index.

(B) Term

The term of any Award made under this subsection shall not

exceed 5 years.

(5) Service requirement

An individual who receives an Award under this subsection shall

provide training in clinical geriatrics, including the training

of interdisciplinary teams of health care professionals. The

provision of such training shall constitute at least 75 percent

of the obligations of such individual under the Award.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 753, as added Pub. L.

105-392, title I, Sec. 103, Nov. 13, 1998, 112 Stat. 3544; amended

Pub. L. 107-205, title II, Sec. 202(b), Aug. 1, 2002, 116 Stat.

817.)

-MISC1-

PRIOR PROVISIONS

A prior section 294c, act July 1, 1944, ch. 373, title VII, Sec.

765, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2047, authorized appropriations for purpose of carrying

out subpart I of this part, prior to the general amendment of this

part by Pub. L. 105-392.

Another prior section 294c, act July 1, 1944, ch. 373, title VII,

Sec. 730, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec.

401(b)(3), 90 Stat. 2258, related to sources of funds for eligible

student loans, prior to the general amendment of this subchapter by

Pub. L. 102-408. See section 292c of this title.

Another prior section 294c, act July 1, 1944, ch. 373, title VII,

Sec. 743, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77

Stat. 172; amended Oct. 22, 1965, Pub. L. 89-290, Sec. 4(d), 79

Stat. 1057; Nov. 3, 1966, Pub. L. 89-751, Sec. 5(c)(2), (3), 80

Stat. 1233; Aug. 16, 1968, Pub. L. 90-490, title I, Sec. 121(c), 82

Stat. 778; July 9, 1971, Pub. L. 92-52, Sec. 1(b), 85 Stat. 144;

Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 105(e)(2), (f)(2), 85

Stat. 451; Oct. 12, 1976, Pub. L. 94-484, title IV, Secs. 405,

406(e), 90 Stat. 2267, 2268, which related to the distribution of

assets from loan funds, was transferred to section 294p of this

title.

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-205 substituted ", and section

296(2) of this title," for ", and section 298b(2) of this title,".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 294f, 294g, 298 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "paragraph".

(!2) So in original. Probably should be "paragraph (5)".

-End-

-CITE-

42 USC Sec. 294d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part D - Interdisciplinary, Community-Based Linkages

-HEAD-

Sec. 294d. Quentin N. Burdick program for rural interdisciplinary

training

-STATUTE-

(a) Grants

The Secretary may make grants or contracts under this section to

help entities fund authorized activities under an application

approved under subsection (c) of this section.

(b) Use of amounts

(1) In general

Amounts provided under subsection (a) of this section shall be

used by the recipients to fund interdisciplinary training

projects designed to -

(A) use new and innovative methods to train health care

practitioners to provide services in rural areas;

(B) demonstrate and evaluate innovative interdisciplinary

methods and models designed to provide access to cost-effective

comprehensive health care;

(C) deliver health care services to individuals residing in

rural areas;

(D) enhance the amount of relevant research conducted

concerning health care issues in rural areas; and

(E) increase the recruitment and retention of health care

practitioners from rural areas and make rural practice a more

attractive career choice for health care practitioners.

(2) Methods

A recipient of funds under subsection (a) of this section may

use various methods in carrying out the projects described in

paragraph (1), including -

(A) the distribution of stipends to students of eligible

applicants;

(B) the establishment of a post-doctoral fellowship program;

(C) the training of faculty in the economic and logistical

problems confronting rural health care delivery systems; or

(D) the purchase or rental of transportation and

telecommunication equipment where the need for such equipment

due to unique characteristics of the rural area is demonstrated

by the recipient.

(3) Administration

(A) In general

An applicant shall not use more than 10 percent of the funds

made available to such applicant under subsection (a) of this

section for administrative expenses.

(B) Training

Not more than 10 percent of the individuals receiving

training with funds made available to an applicant under

subsection (a) of this section shall be trained as doctors of

medicine or doctors of osteopathy.

(C) Limitation

An institution that receives a grant under this section shall

use amounts received under such grant to supplement, not

supplant, amounts made available by such institution for

activities of the type described in subsection (b)(1) of this

section in the fiscal year preceding the year for which the

grant is received.

(c) Applications

Applications submitted for assistance under this section shall -

(1) be jointly submitted by at least two eligible applicants

with the express purpose of assisting individuals in academic

institutions in establishing long-term collaborative

relationships with health care providers in rural areas; and

(2) designate a rural health care agency or agencies for

clinical treatment or training, including hospitals, community

health centers, migrant health centers, rural health clinics,

community behavioral and mental health centers, long-term care

facilities, Native Hawaiian health centers, or facilities

operated by the Indian Health Service or an Indian tribe or

tribal organization or Indian organization under a contract with

the Indian Health Service under the Indian Self-Determination Act

[25 U.S.C. 450f et seq.].

(d) Definitions

For the purposes of this section, the term "rural" means

geographic areas that are located outside of standard metropolitan

statistical areas.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 754, as added Pub. L.

105-392, title I, Sec. 103, Nov. 13, 1998, 112 Stat. 3547.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in subsec. (c)(2),

is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as

amended, which is classified principally to part A (Sec. 450f et

seq.) of subchapter II of chapter 14 of Title 25, Indians. For

complete classification of this Act to the Code, see Short Title

note set out under section 450 of Title 25 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 294d, act July 1, 1944, ch. 373, title VII, Sec.

766, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2047, authorized grants and contracts for development of

advanced training of allied health professionals, prior to the

general amendment of this part by Pub. L. 105-392.

Another prior section 294d, act July 1, 1944, ch. 373, title VII,

Sec. 731, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec.

401(b)(3), 90 Stat. 2258; amended Aug. 1, 1977, Pub. L. 95-83,

title III, Sec. 307(c)(1), (2), 91 Stat. 389, 390; Dec. 19, 1977,

Pub. L. 95-215, Sec. 4(a)-(d), (e)(6), 91 Stat. 1505, 1506; Dec.

17, 1980, Pub. L. 96-538, title IV, Sec. 402, 94 Stat. 3192; Aug.

13, 1981, Pub. L. 97-35, title XXVII, Sec. 2728, 95 Stat. 918; Oct.

22, 1985, Pub. L. 99-129, title II, Secs. 208(a), (b)(1), (2),

(c)(1), (d), (i), 211(a)(2), 99 Stat. 529-532, 539; Nov. 4, 1988,

Pub. L. 100-607, title VI, Sec. 602(e), (f), 102 Stat. 3123; Apr.

6, 1991, Pub. L. 102-25, title III, Sec. 374, 105 Stat. 95; July

23, 1992, Pub. L. 102-325, title IV, Sec. 427(b)(2), 106 Stat. 549,

related to eligibility of borrowers and terms of insurance, prior

to the general amendment of this subchapter by Pub. L. 102-408. See

section 292d of this title.

Another prior section 294d, act July 1, 1944, ch. 373, title VII,

Sec. 744, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77

Stat. 173; amended Oct. 22, 1965, Pub. L. 89-290, Sec. 4(e), 79

Stat. 1057; Nov. 3, 1966, Pub. L. 89-751, Sec. 5(a), 80 Stat. 1230;

Aug. 16, 1968, Pub. L. 90-490, title I, Sec. 121(d), 82 Stat. 778;

July 9, 1971, Pub. L. 92-52, Sec. 1(c), 85 Stat. 144; Nov. 18,

1971, Pub. L. 92-157, title I, Sec. 105(e)(3), (f)(2), 85 Stat.

451, provided for loans to schools to capitalize health professions

student loan funds, prior to repeal by Pub. L. 94-484, title IV,

Sec. 406(a)(1), Oct. 12, 1976, 90 Stat. 2268.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 294f, 294g of this title.

-End-

-CITE-

42 USC Sec. 294e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part D - Interdisciplinary, Community-Based Linkages

-HEAD-

Sec. 294e. Allied health and other disciplines

-STATUTE-

(a) In general

The Secretary may make grants or contracts under this section to

help entities fund activities of the type described in subsection

(b) of this section.

(b) Activities

Activities of the type described in this subsection include the

following:

(1) Assisting entities in meeting the costs associated with

expanding or establishing programs that will increase the number

of individuals trained in allied health professions. Programs and

activities funded under this paragraph may include -

(A) those that expand enrollments in allied health

professions with the greatest shortages or whose services are

most needed by the elderly;

(B) those that provide rapid transition training programs in

allied health fields to individuals who have baccalaureate

degrees in health-related sciences;

(C) those that establish community-based allied health

training programs that link academic centers to rural clinical

settings;

(D) those that provide career advancement training for

practicing allied health professionals;

(E) those that expand or establish clinical training sites

for allied health professionals in medically underserved or

rural communities in order to increase the number of

individuals trained;

(F) those that develop curriculum that will emphasize

knowledge and practice in the areas of prevention and health

promotion, geriatrics, long-term care, home health and hospice

care, and ethics;

(G) those that expand or establish interdisciplinary training

programs that promote the effectiveness of allied health

practitioners in geriatric assessment and the rehabilitation of

the elderly;

(H) those that expand or establish demonstration centers to

emphasize innovative models to link allied health clinical

practice, education, and research;

(I) those that provide financial assistance (in the form of

traineeships) to students who are participants in any such

program; and

(i) who plan to pursue a career in an allied health field

that has a demonstrated personnel shortage; and

(ii) who agree upon completion of the training program to

practice in a medically underserved community;

that shall be utilized to assist in the payment of all or part

of the costs associated with tuition, fees and such other

stipends as the Secretary may consider necessary; and

(J) those to meet the costs of projects to plan, develop, and

operate or maintain graduate programs in behavioral and mental

health practice.

(2) Planning and implementing projects in preventive and

primary care training for podiatric physicians in approved or

provisionally approved residency programs that shall provide

financial assistance in the form of traineeships to residents who

participate in such projects and who plan to specialize in

primary care.

(3) Carrying out demonstration projects in which chiropractors

and physicians collaborate to identify and provide effective

treatment for spinal and lower-back conditions.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 755, as added Pub. L.

105-392, title I, Sec. 103, Nov. 13, 1998, 112 Stat. 3548.)

-MISC1-

PRIOR PROVISIONS

A prior section 294e, act July 1, 1944, ch. 373, title VII, Sec.

767, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2048, authorized grants and contracts for establishment

of programs to increase number of allied health professionals,

prior to the general amendment of this part by Pub. L. 105-392.

Another prior section 294e, act July 1, 1944, ch. 373, title VII,

Sec. 732, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec.

401(b)(3), 90 Stat. 2260; amended Aug. 1, 1977, Pub. L. 95-83,

title III, Sec. 307(c)(3), (4), 91 Stat. 390; Dec. 19, 1977, Pub.

L. 95-215, Sec. 4(e)(8), (9), 91 Stat. 1506; Aug. 13, 1981, Pub. L.

97-35, title XXVII, Sec. 2729, 95 Stat. 918; Oct. 22, 1985, Pub. L.

99-129, title II, Sec. 208(e), 99 Stat. 531; Nov. 4, 1988, Pub. L.

100-607, title VI, Sec. 602(g), 102 Stat. 3123, related to

certificates of loan insurance, prior to the general amendment of

this subchapter by Pub. L. 102-408. See section 292e of this title.

Another prior section 294e, act July 1, 1944, ch. 373, title VII,

Sec. 744, formerly Sec. 745, as added Sept. 24, 1963, Pub. L.

88-129, Sec. 2(b), 77 Stat. 173; amended Nov. 18, 1971, Pub. L.

92-157, title I, Sec. 105(f)(2), 85 Stat. 451; renumbered Sec. 744,

Oct. 12, 1976, Pub. L. 94-484, title IV, Sec. 406(a)(2), 90 Stat.

2268, which related to administrative provisions, was transferred

to section 294q of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 294f, 294g of this title.

-End-

-CITE-

42 USC Sec. 294f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part D - Interdisciplinary, Community-Based Linkages

-HEAD-

Sec. 294f. Advisory Committee on Interdisciplinary, Community-Based

Linkages

-STATUTE-

(a) Establishment

The Secretary shall establish an advisory committee to be known

as the Advisory Committee on Interdisciplinary, Community-Based

Linkages (in this section referred to as the "Advisory Committee").

(b) Composition

(1) In general

The Secretary shall determine the appropriate number of

individuals to serve on the Advisory Committee. Such individuals

shall not be officers or employees of the Federal Government.

(2) Appointment

Not later than 90 days after November 13, 1998, the Secretary

shall appoint the members of the Advisory Committee from among

individuals who are health professionals from schools of the

types described in sections 294a(a)(1)(A), 294a(a)(1)(B),

294c(b), 294d(3)(A), and 294e(b) of this title. In making such

appointments, the Secretary shall ensure a fair balance between

the health professions, that at least 75 percent of the members

of the Advisory Committee are health professionals, a broad

geographic representation of members and a balance between urban

and rural members. Members shall be appointed based on their

competence, interest, and knowledge of the mission of the

profession involved.

(3) Minority representation

In appointing the members of the Advisory Committee under

paragraph (2), the Secretary shall ensure the adequate

representation of women and minorities.

(c) Terms

(1) In general

A member of the Advisory Committee shall be appointed for a

term of 3 years, except that of the members first appointed -

(A) 1/3 of the members shall serve for a term of 1 year;

(B) 1/3 of the members shall serve for a term of 2 years;

and

(C) 1/3 of the members shall serve for a term of 3 years.

(2) Vacancies

(A) In general

A vacancy on the Advisory Committee shall be filled in the

manner in which the original appointment was made and shall be

subject to any conditions which applied with respect to the

original appointment.

(B) Filling unexpired term

An individual chosen to fill a vacancy shall be appointed for

the unexpired term of the member replaced.

(d) Duties

The Advisory Committee shall -

(1) provide advice and recommendations to the Secretary

concerning policy and program development and other matters of

significance concerning the activities under this part; and

(2) not later than 3 years after November 13, 1998, and

annually thereafter, prepare and submit to the Secretary, and the

Committee on Labor and Human Resources of the Senate, and the

Committee on Commerce of the House of Representatives, a report

describing the activities of the Committee, including findings

and recommendations made by the Committee concerning the

activities under this part.

(e) Meetings and documents

(1) Meetings

The Advisory Committee shall meet not less than 3 times each

year. Such meetings shall be held jointly with other related

entities established under this subchapter where appropriate.

(2) Documents

Not later than 14 days prior to the convening of a meeting

under paragraph (1), the Advisory Committee shall prepare and

make available an agenda of the matters to be considered by the

Advisory Committee at such meeting. At any such meeting, the

Advisory Council (!1) shall distribute materials with respect to

the issues to be addressed at the meeting. Not later than 30 days

after the adjourning of such a meeting, the Advisory Committee

shall prepare and make available a summary of the meeting and any

actions taken by the Committee based upon the meeting.

(f) Compensation and expenses

(1) Compensation

Each member of the Advisory Committee shall be compensated at a

rate equal to the daily equivalent of the annual rate of basic

pay prescribed for level IV of the Executive Schedule under

section 5315 of title 5 for each day (including travel time)

during which such member is engaged in the performance of the

duties of the Committee.

(2) Expenses

The members of the Advisory Committee shall be allowed travel

expenses, including per diem in lieu of subsistence, at rates

authorized for employees of agencies under subchapter I of

chapter 57 of title 5 while away from their homes or regular

places of business in the performance of services for the

Committee.

(g) FACA

The Federal Advisory Committee Act shall apply to the Advisory

Committee under this section only to the extent that the provisions

of such Act do not conflict with the requirements of this section.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 756, as added Pub. L.

105-392, title I, Sec. 103, Nov. 13, 1998, 112 Stat. 3549.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (g),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

November 13, 1998, referred to in subsec. (b)(2), was in the

original "the date of enactment of this Act", which was translated

as meaning the date of enactment of Pub. L. 105-392, which amended

this part generally, to reflect the probable intent of Congress.

-MISC1-

PRIOR PROVISIONS

A prior section 294f, act July 1, 1944, ch. 373, title VII, Sec.

733, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec.

401(b)(3), 90 Stat. 2262; amended Dec. 19, 1977, Pub. L. 95-215,

Sec. 4(e)(10), 91 Stat. 1506; Nov. 6, 1978, Pub. L. 95-598, title

III, Sec. 327, 92 Stat. 2679; Aug. 13, 1981, Pub. L. 97-35, title

XXVII, Sec. 2730, 95 Stat. 919; July 1, 1988, Pub. L. 100-360,

title IV, Sec. 411(f)(10)(C)(ii), 102 Stat. 781; Nov. 4, 1988, Pub.

L. 100-607, title VI, Sec. 602(h)-(k), 102 Stat. 3123; Aug. 16,

1989, Pub. L. 101-93, Sec. 7, 103 Stat. 615, related to procedures

upon default by borrower under student loan insurance program,

prior to the general amendment of this subchapter by Pub. L.

102-408. See section 292f of this title.

Another prior section 294f, act July 1, 1944, ch. 373, title VII,

Sec. 746, as added Aug. 16, 1968, Pub. L. 90-490, title I, Sec.

121(e), 82 Stat. 778; amended Nov. 18, 1971, Pub. L. 92-157, title

I, Secs. 105(f)(2), 106(b)(5), 85 Stat. 451, 453, provided for

transfer of funds to scholarships in relation to loans to students

studying in United States, prior to repeal by Pub. L. 94-484, title

IV, Sec. 406(a)(1), Oct. 12, 1976, 90 Stat. 2268.

-CHANGE-

CHANGE OF NAME

Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-MISC2-

TERMINATION OF ADVISORY COMMITTEES

Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a

note under section 217a of this title, provided that an advisory

committee established pursuant to the Public Health Service Act

shall terminate at such time as may be specifically prescribed by

an Act of Congress enacted after Jan. 4, 1975.

-FOOTNOTE-

(!1) So in original. Probably should be "Committee".

-End-

-CITE-

42 USC Sec. 294g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part D - Interdisciplinary, Community-Based Linkages

-HEAD-

Sec. 294g. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out this part,

$55,600,000 for fiscal year 1998, and such sums as may be necessary

for each of the fiscal years 1999 through 2002.

(b) Allocation

(1) In general

Of the amounts appropriated under subsection (a) of this

section for a fiscal year, the Secretary shall make available -

(A) not less than $28,587,000 for awards of grants and

contracts under section 294a of this title;

(B) not less than $3,765,000 for awards of grants and

contracts under section 294b of this title, of which not less

than 50 percent of such amount shall be made available for

centers described in subsection (a)(1) of such section; and

(C) not less than $22,631,000 for awards of grants and

contracts under sections 294c, 294d, and 294e of this title.

(2) Ratable reduction

If amounts appropriated under subsection (a) of this section

for any fiscal year are less than the amount required to comply

with paragraph (1), the Secretary shall ratably reduce the amount

to be made available under each of subparagraphs (A) through (C)

of such paragraph accordingly.

(3) Increase in amounts

If amounts appropriated for a fiscal year under subsection (a)

of this section exceed the amount authorized under such

subsection for such fiscal year, the Secretary may increase the

amount to be made available for programs and activities under

this part without regard to the amounts specified in each of

subparagraphs (A) through (C) of paragraph (2).

(c) Obligation of certain amounts

(1) Area health education center programs

Of the amounts made available under subsection (b)(1)(A) of

this section for each fiscal year, the Secretary may obligate for

awards under section 294a(a)(2) of this title -

(A) not less than 23 percent of such amounts in fiscal year

1998;

(B) not less than 30 percent of such amounts in fiscal year

1999;

(C) not less than 35 percent of such amounts in fiscal year

2000;

(D) not less than 40 percent of such amounts in fiscal year

2001; and

(E) not less than 45 percent of such amounts in fiscal year

2002.

(2) Sense of Congress

It is the sense of the Congress that -

(A) every State have an area health education center program

in effect under this section; and

(B) the ratio of Federal funding for the model program under

section 294a(a)(2) of this title should increase over time and

that Federal funding for other awards under this section shall

decrease so that the national program will become entirely

comprised of programs that are funded at least 50 percent by

State and local partners.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 757, as added Pub. L.

105-392, title I, Sec. 103, Nov. 13, 1998, 112 Stat. 3551.)

-MISC1-

PRIOR PROVISIONS

A prior section 294g, act July 1, 1944, ch. 373, title VII, Sec.

734, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec.

401(b)(3), 90 Stat. 2263; amended Oct. 22, 1985, Pub. L. 99-129,

title II, Sec. 208(f), 99 Stat. 531, related to establishment of a

student loan insurance fund, prior to the general amendment of this

subchapter by Pub. L. 102-408. See section 292i of this title.

Another prior section 294g, act July 1, 1944, ch. 373, title VII,

Sec. 747, as added Nov. 18, 1971, Pub. L. 92-157, title I, Sec.

105(f)(4), 85 Stat. 451; amended Oct. 12, 1976, Pub. L. 94-484,

title I, Sec. 101(f), 90 Stat. 2244, provided for student loans to

citizens of United States who were full-time students in schools of

medicine located outside United States, prior to repeal by Pub. L.

94-484, title IV, Sec. 401(a), Oct. 12, 1976, 90 Stat. 2257,

effective Oct. 1, 1976.

A prior section 294h, act July 1, 1944, ch. 373, title VII, Sec.

735, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec.

401(b)(3), 90 Stat. 2263; amended Aug. 1, 1977, Pub. L. 95-83,

title III, Sec. 307(c)(5), 91 Stat. 390; Aug. 13, 1981, Pub. L.

97-35, title XXVII, Sec. 2709(e)(4)(B), 95 Stat. 911; Nov. 16,

1990, Pub. L. 101-597, title IV, Sec. 401(b)[(a)], 104 Stat. 3035,

related to functions, powers, and duties of the Secretary under the

Federal student loan insurance program, prior to the general

amendment of this subchapter by Pub. L. 102-408. See section 292j

of this title.

A prior section 294i, act July 1, 1944, ch. 373, title VII, Sec.

771, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2049, authorized grants to educational entities offering

programs in health administration, hospital administration, or

health policy analysis and planning, prior to the general amendment

of this part by Pub. L. 105-392.

Another prior section 294i, act July 1, 1944, ch. 373, title VII,

Sec. 736, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec.

401(b)(3), 90 Stat. 2265; amended Aug. 1, 1977, Pub. L. 95-83,

title III, Sec. 307(d), 91 Stat. 390, related to participation by

Federal credit unions in Federal, State, and private student loan

insurance programs, prior to the general amendment of this

subchapter by Pub. L. 102-408. See section 292k of this title.

A prior section 771 of act July 1, 1944, was classified to

section 295f-1 of this title prior to repeal by act July 1, 1944,

ch. 373, title VII, Sec. 773, as added Nov. 4, 1988, Pub. L.

100-607, title VI, Sec. 606(b), 102 Stat. 3127.

Sections 294j to 294m were omitted in the general amendment of

this subchapter by Pub. L. 102-408, title I, Sec. 102, Oct. 13,

1992, 106 Stat. 1994.

Section 294j, act July 1, 1944, ch. 373, title VII, Sec. 737, as

added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec. 401(b)(3), 90

Stat. 2265; amended Aug. 1, 1977, Pub. L. 95-83, title III, Sec.

307(c)(6), 91 Stat. 390; Dec. 19, 1977, Pub. L. 95-215, Sec. 4(f),

91 Stat. 1506; Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec.

2731, 95 Stat. 919; Jan. 4, 1983, Pub. L. 97-414, Sec. 8(i), 96

Stat. 2061; Oct. 22, 1985, Pub. L. 99-129, title II, Secs. 201(c),

204(c), 208(g)(2), 99 Stat. 525, 527, 531; Nov. 4, 1988, Pub. L.

100-607, title VI, Secs. 602(l), 628(6), 629(b)(2), 102 Stat. 3124,

3145, 3146, defined "eligible institution", "eligible lender",

"line of credit", and "school of allied health". See section 292o

of this title.

Section 294j-1, act July 1, 1944, ch. 373, title VII, Sec. 737A,

as added Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec. 2732, 95

Stat. 919, related to determination of eligible students. See

section 292l of this title.

Section 294k, act July 1, 1944, ch. 373, title VII, Sec. 738, as

added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec. 401(b)(3), 90

Stat. 2265; amended Dec. 19, 1977, Pub. L. 95-215, Sec. 4(e)(12),

91 Stat. 1506, related to repayment of loans of deceased or

disabled borrowers from student loan insurance fund. See section

292m of this title.

Section 294l, act July 1, 1944, ch. 373, title VII, Sec. 739, as

added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec. 401(b)(3), 90

Stat. 2266; amended Dec. 19, 1977, Pub. L. 95-215, Sec. 4(e)(13),

91 Stat. 1506; Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec.

2733, 95 Stat. 920, related to eligibility of institutions and

recordation and availability of information. See section 292n of

this title.

Section 294l-1, act July 1, 1944, ch. 373, title VII, Sec. 739A,

as added Nov. 4, 1988, Pub. L. 100-607, title VI, Sec. 602(m), 102

Stat. 3124, related to reissuance and refinancing of certain loans.

Section 294m, act July 1, 1944, ch. 373, title VII, Sec. 740, as

added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77 Stat. 170;

amended Oct. 13, 1964, Pub. L. 88-654, Sec. 1(a), (b), 78 Stat.

1086; Oct. 22, 1965, Pub. L. 89-290, Secs. 2(b), 4 (a), (f)(1),

(2), 79 Stat. 1056-1058; Nov. 2, 1966, Pub. L. 89-709, Sec. 3(a),

(b), 80 Stat. 1103; Nov. 3, 1966, Pub. L. 89-751, Sec. 5(c)(1), 80

Stat. 1232; Aug. 16, 1968, Pub. L. 90-490, title I, Sec. 121(a)(1),

(2), (5)(B), 82 Stat. 777, 778; Nov. 18, 1971, Pub. L. 92-157,

title I, Sec. 105(e)(1), (4), (f)(2), 85 Stat. 451; Aug. 23, 1974,

Pub. L. 93-385, Sec. 2(b), 88 Stat. 741; Apr. 22, 1976, Pub. L.

94-278, title XI, Sec. 1105(b), 90 Stat. 416; Oct. 12, 1976, Pub.

L. 94-484, title IV, Sec. 402, 90 Stat. 2266; Oct. 22, 1985, Pub.

L. 99-129, title II, Sec. 209(a)(1), (j)(1), 99 Stat. 532, 536;

Nov. 4, 1988, Pub. L. 100-607, title VI, Secs. 603(a), 628(7),

629(b)(2), 102 Stat. 3125, 3145, 3146; Nov. 6, 1990, Pub. L.

101-527, Sec. 5(a), (b), 104 Stat. 2322, 2323, related to loan

agreements for establishment of student loan funds. See section

292q of this title.

-End-

-CITE-

42 USC Part E - Health Professions and Public Health

Workforce 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part E - Health Professions and Public Health Workforce

-HEAD-

PART E - HEALTH PROFESSIONS AND PUBLIC HEALTH WORKFORCE

-End-

-CITE-

42 USC subpart 1 - health professions workforce

information and analysis 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part E - Health Professions and Public Health Workforce

subpart 1 - health professions workforce information and analysis

-HEAD-

SUBPART 1 - HEALTH PROFESSIONS WORKFORCE INFORMATION AND ANALYSIS

-End-

-CITE-

42 USC Sec. 294n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part E - Health Professions and Public Health Workforce

subpart 1 - health professions workforce information and analysis

-HEAD-

Sec. 294n. Health professions workforce information and analysis

-STATUTE-

(a) Purpose

It is the purpose of this section to -

(1) provide for the development of information describing the

health professions workforce and the analysis of workforce

related issues; and

(2) provide necessary information for decision-making regarding

future directions in health professions and nursing programs in

response to societal and professional needs.

(b) Grants or contracts

The Secretary may award grants or contracts to State or local

governments, health professions schools, schools of nursing,

academic health centers, community-based health facilities, and

other appropriate public or private nonprofit entities to provide

for -

(1) targeted information collection and analysis activities

related to the purposes described in subsection (a) of this

section;

(2) research on high priority workforce questions;

(3) the development of a non-Federal analytic and research

infrastructure related to the purposes described in subsection

(a) of this section; and

(4) the conduct of program evaluation and assessment.

(c) Authorization of appropriations

(1) In general

There are authorized to be appropriated to carry out this

section, $750,000 for fiscal year 1998, and such sums as may be

necessary for each of the fiscal years 1999 through 2002.

(2) Reservation

Of the amounts appropriated under subsection (a) of this

section for a fiscal year, the Secretary shall reserve not less

than $600,000 for conducting health professions research and for

carrying out data collection and analysis in accordance with

section 295k of this title.

(3) Availability of additional funds

Amounts otherwise appropriated for programs or activities under

this subchapter may be used for activities under subsection (b)

of this section with respect to the programs or activities from

which such amounts were made available.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 761, as added Pub. L.

105-392, title I, Sec. 104(a), Nov. 13, 1998, 112 Stat. 3552.)

-MISC1-

PRIOR PROVISIONS

A prior section 294n, act July 1, 1944, ch. 373, title VII, Sec.

776, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2050, and amended, which related to grants and contracts

to provide health care for individuals with acquired immune

deficiency syndrome, was renumbered section 2692 of title XXVI of

act July 1, 1944, by Pub. L. 104-146, Sec. 3(h)(3), May 20, 1996,

110 Stat. 1364, and transferred to section 300ff-111 of this title.

Another prior section 294n, act July 1, 1944, ch. 373, title VII,

Sec. 741, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77

Stat. 171; amended Oct. 13, 1964, Pub. L. 88-654, Sec. 1(c), (d),

78 Stat. 1086; Oct. 22, 1965, Pub. L. 89-290, Sec. 4(b), (f)(3),

(4), (g)(1), 79 Stat. 1057, 1058; Nov. 2, 1966, Pub. L. 89-709,

Sec. 3(c), (d), 80 Stat. 1103; Nov. 3, 1966, Pub. L. 89-751, Sec.

4, 80 Stat. 1230; Aug. 16, 1968, Pub. L. 90-490, title I, Sec.

121(a)(3), (4), (5)(A), 82 Stat. 777; Nov. 18, 1971, Pub. L.

92-157, title I, Sec. 105(b)-(d), (e)(4), (f)(2), 85 Stat. 449-451;

Oct. 27, 1972, Pub. L. 92-585, Sec. 4, 86 Stat. 1293; Oct. 12,

1976, Pub. L. 94-484, title IV, Secs. 403(a), (b), (d), 407(d)(1),

90 Stat. 2266, 2267, 2279; Aug. 1, 1977, Pub. L. 95-83, title III,

Sec. 307(e)(1), (2), 91 Stat. 390; Aug. 13, 1981, Pub. L. 97-35,

title XXVII, Sec. 2735, 95 Stat. 920; Oct. 22, 1985, Pub. L.

99-129, title II, Sec. 209(a)(2), (3), (b), (c)(1), (d)-(f), 99

Stat. 532, 534; Nov. 4, 1988, Pub. L. 100-607, title VI, Secs.

603(b), (c), 628(8), 629(b)(2), 102 Stat. 3125, 3145, 3146; Nov.

16, 1990, Pub. L. 101-597, title IV, Sec. 401(b)[(a)], 104 Stat.

3035, outlined provisions for loans from a student loan fund, prior

to the general amendment of this subchapter by Pub. L. 102-408. See

section 292r of this title.

A prior section 761 of act July 1, 1944, was classified to

section 294 of this title prior to the general amendment of part D

of this subchapter by Pub. L. 105-392.

Another prior section 761 of act July 1, 1944, was classified to

section 294cc of this title prior to the general amendment of this

subchapter by Pub. L. 102-408.

Another prior section 761 of act July 1, 1944, was classified to

section 295 of this title prior to repeal by Pub. L. 99-129.

Another prior section 761 of act July 1, 1944, was classified to

section 295 of this title prior to the general amendment of part D

of this subchapter by Pub. L. 91-696.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 295o-1 of this title.

-End-

-CITE-

42 USC Sec. 294o 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part E - Health Professions and Public Health Workforce

subpart 1 - health professions workforce information and analysis

-HEAD-

Sec. 294o. Advisory Council on Graduate Medical Education

-STATUTE-

(a) Establishment; duties

There is established the Council on Graduate Medical Education

(in this section referred to as the "Council"). The Council shall -

(1) make recommendations to the Secretary of Health and Human

Services (in this section referred to as the "Secretary"), and to

the Committee on Labor and Human Resources of the Senate, and the

Committee on Energy and Commerce of the House of Representatives,

with respect to -

(A) the supply and distribution of physicians in the United

States;

(B) current and future shortages or excesses of physicians in

medical and surgical specialties and subspecialties;

(C) issues relating to foreign medical school graduates;

(D) appropriate Federal policies with respect to the matters

specified in subparagraphs (A), (B), and (C), including

policies concerning changes in the financing of undergraduate

and graduate medical education programs and changes in the

types of medical education training in graduate medical

education programs;

(E) appropriate efforts to be carried out by hospitals,

schools of medicine, schools of osteopathic medicine, and

accrediting bodies with respect to the matters specified in

subparagraphs (A), (B), and (C), including efforts for changes

in undergraduate and graduate medical education programs; and

(F) deficiencies in, and needs for improvements in, existing

data bases concerning the supply and distribution of, and

postgraduate training programs for, physicians in the United

States and steps that should be taken to eliminate those

deficiencies; and

(2) encourage entities providing graduate medical education to

conduct activities to voluntarily achieve the recommendations of

the Council under paragraph (1)(E).

(b) Composition

The Council shall be composed of -

(1) the Assistant Secretary for Health or the designee of the

Assistant Secretary;

(2) the Administrator of the Health Care Financing

Administration;

(3) the Chief Medical Director of the Department of Veterans

Affairs;

(4) 6 members appointed by the Secretary to include

representatives of practicing primary care physicians, national

and specialty physician organizations, foreign medical graduates,

and medical student and house staff associations;

(5) 4 members appointed by the Secretary to include

representatives of schools of medicine and osteopathic medicine

and public and private teaching hospitals; and

(6) 4 members appointed by the Secretary to include

representatives of health insurers, business, and labor.

(c) Terms of appointed members

(1) In general; staggered rotation

Members of the Council appointed under paragraphs (4), (5), and

(6) of subsection (b) of this section shall be appointed for a

term of 4 years, except that the term of office of the members

first appointed shall expire, as designated by the Secretary at

the time of appointment, 4 at the end of 1 year, 4 at the end of

2 years, 3 at the end of 3 years, and 3 at the end of 4 years.

(2) Date certain for appointment

The Secretary shall appoint the first members to the Council

under paragraphs (4), (5), and (6) of subsection (b) of this

section within 60 days after October 13, 1992.

(d) Chair

The Council shall elect one of its members as Chairman of the

Council.

(e) Quorum

Nine members of the Council shall constitute a quorum, but a

lesser number may hold hearings.

(f) Vacancies

Any vacancy in the Council shall not affect its power to

function.

(g) Compensation

Each member of the Council who is not otherwise employed by the

United States Government shall receive compensation at a rate equal

to the daily rate prescribed for GS-18 under the General Schedule

under section 5332 of title 5 for each day, including

traveltime,(!1) such member is engaged in the actual performance of

duties as a member of the Council. A member of the Council who is

an officer or employee of the United States Government shall serve

without additional compensation. All members of the Council shall

be reimbursed for travel, subsistence, and other necessary expenses

incurred by them in the performance of their duties.

(h) Certain authorities and duties

(1) Authorities

In order to carry out the provisions of this section, the

Council is authorized to -

(A) collect such information, hold such hearings, and sit and

act at such times and places, either as a whole or by

subcommittee, and request the attendance and testimony of such

witnesses and the production of such books, records,

correspondence, memoranda, papers, and documents as the Council

or such subcommittee may consider available; and

(B) request the cooperation and assistance of Federal

departments, agencies, and instrumentalities, and such

departments, agencies, and instrumentalities are authorized to

provide such cooperation and assistance.

(2) Coordination of activities

The Council shall coordinate its activities with the activities

of the Secretary under section 295k of this title. The Secretary

shall, in cooperation with the Council and pursuant to the

recommendations of the Council, take such steps as are

practicable to eliminate deficiencies in the data base

established under section 295k of this title and shall make

available in its reports such comprehensive data sets as are

developed pursuant to this section.

(i) Requirement regarding reports

In the reports required under subsection (a) of this section, the

Council shall specify its activities during the period for which

the report is made.

(j) Final report

Not later than April 1, 2002, the Council shall submit a final

report under subsection (a) of this section.

(k) Termination

The Council shall terminate September 30, 2003.

(l) Funding

Amounts otherwise appropriated under this subchapter may be

utilized by the Secretary to support the activities of the Council.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 762, formerly Pub. L.

102-408, title III, Sec. 301, Oct. 13, 1992, 106 Stat. 2080, as

amended Pub. L. 102-531, title III, Sec. 313(b), Oct. 27, 1992, 106

Stat. 3507; renumbered Sec. 762 of act July 1, 1944, and amended

Pub. L. 105-392, title I, Sec. 104(b), Nov. 13, 1998, 112 Stat.

3552; Pub. L. 107-251, title V, Sec. 502, Oct. 26, 2002, 116 Stat.

1664.)

-COD-

CODIFICATION

Section was formerly set out as a note under section 295k of this

title prior to renumbering by Pub. L. 105-392.

-MISC1-

PRIOR PROVISIONS

A prior section 294o, act July 1, 1944, ch. 373, title VII, Sec.

777, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2052, authorized grants and contracts for improvement of

training in geriatrics, prior to the general amendment of this part

by Pub. L. 105-392.

Another prior section 294o, act July 1, 1944, ch. 373, title VII,

Sec. 742, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77

Stat. 172; amended Oct. 22, 1965, Pub. L. 89-290, Sec. 4(c), 79

Stat. 1057; Nov. 2, 1966, Pub. L. 89-709, Sec. 3(e), 80 Stat. 1103;

Nov. 3, 1966, Pub. L. 89-751, Sec. 5(b), 80 Stat. 1232; Aug. 16,

1968, Pub. L. 90-490, title I, Sec. 121(b), 82 Stat. 778; July 9,

1971, Pub. L. 92-52, Sec. 1(a), 85 Stat. 144; Nov. 18, 1971, Pub.

L. 92-157, title I, Sec. 105(a), (f)(2), 85 Stat. 449, 451; Aug.

23, 1974, Pub. L. 93-385, Sec. 2(a), 88 Stat. 741; Apr. 22, 1976,

Pub. L. 94-278, title XI, Sec. 1105(a), 90 Stat. 416; Oct. 12,

1976, Pub. L. 94-484, title I, Sec. 101(e), title IV, Secs. 404,

406(d), 90 Stat. 2244, 2267, 2268; Aug. 13, 1981, Pub. L. 97-35,

title XXVII, Sec. 2734, 95 Stat. 920; Oct. 22, 1985, Pub. L.

99-129, title II, Sec. 209(g), 99 Stat. 534; Nov. 6, 1990, Pub. L.

101-527, Sec. 5(c), 104 Stat. 2323, provided for authorization of

appropriations for purpose of making Federal contributions into

student loan funds, prior to the general amendment of this

subchapter by Pub. L. 102-408. See section 292y of this title.

A prior section 762 of act July 1, 1944, was classified to

section 295a of this title prior to repeal by Pub. L. 99-129.

Another prior section 762 of act July 1, 1944, was classified to

section 295a of this title prior to the general amendment of part D

of this subchapter by Pub. L. 91-696.

AMENDMENTS

2002 - Subsec. (k). Pub. L. 107-251 substituted "2003" for

"2002".

1998 - Subsec. (j). Pub. L. 105-392, Sec. 104(b)(1), substituted

"2002" for "1995".

Subsec. (k). Pub. L. 105-392, Sec. 104(b)(2), substituted "2002"

for "1995".

Subsec. (l). Pub. L. 105-392, Sec. 104(b)(3), added subsec. (l).

1992 - Subsec. (a)(2). Pub. L. 102-531 substituted "voluntarily"

for "voluntary".

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

Reference to Chief Medical Director of Department of Veterans

Affairs deemed to refer to Under Secretary for Health of Department

of Veterans Affairs pursuant to section 302(e) of Pub. L. 102-405,

set out as a note under section 305 of Title 38, Veterans'

Benefits.

-MISC2-

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-531 effective immediately after

enactment of Pub. L. 102-408, see section 313(c) of Pub. L.

102-531, set out as a note under section 292y of this title.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-FOOTNOTE-

(!1) So in original. Probably should be "travel time,".

-End-

-CITE-

42 USC Sec. 294p 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part E - Health Professions and Public Health Workforce

subpart 1 - health professions workforce information and analysis

-HEAD-

Sec. 294p. Pediatric rheumatology

-STATUTE-

(a) In general

The Secretary, acting through the appropriate agencies, shall

evaluate whether the number of pediatric rheumatologists is

sufficient to address the health care needs of children with

arthritis and related conditions, and if the Secretary determines

that the number is not sufficient, shall develop strategies to help

address the shortfall.

(b) Report to Congress

Not later than October 1, 2001, the Secretary shall submit to the

Congress a report describing the results of the evaluation under

subsection (a) of this section, and as applicable, the strategies

developed under such subsection.

(c) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary for

each of the fiscal years 2001 through 2005.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 763, as added Pub. L.

106-310, div. A, title III, Sec. 301(b), Oct. 17, 2000, 114 Stat.

1111.)

-MISC1-

PRIOR PROVISIONS

A prior section 294p, act July 1, 1944, ch. 373, title VII, Sec.

778, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2054, authorized grants and contracts to assist provision

of health care in rural areas, prior to the general amendment of

this part by Pub. L. 105-392.

Another prior section 294p, act July 1, 1944, ch. 373, title VII,

Sec. 743, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77

Stat. 172; amended Oct. 22, 1965, Pub. L. 89-290, Sec. 4(d), 79

Stat. 1057; Nov. 3, 1966, Pub. L. 89-751, Sec. 5(c)(2), (3), 80

Stat. 1233; Aug. 16, 1968, Pub. L. 90-490, title I, Sec. 121(c), 82

Stat. 778; July 9, 1971, Pub. L. 92-52, Sec. 1(b), 85 Stat. 144;

Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 105(e)(2), (f)(2), 85

Stat. 451; Oct. 12, 1976, Pub. L. 94-484, title IV, Secs. 405,

406(e), 90 Stat. 2267, 2268; Aug. 13, 1981, Pub. L. 97-35, title

XXVII, Sec. 2736, 95 Stat. 920; Oct. 22, 1985, Pub. L. 99-129,

title II, Sec. 209(i), 99 Stat. 536; Nov. 4, 1988, Pub. L. 100-607,

title VI, Sec. 603(d), 102 Stat. 3125, related to distribution of

assets from loan funds, prior to the general amendment of this

subchapter by Pub. L. 102-408. See section 292x of this title.

A prior section 763 of act July 1, 1944, was classified to

section 294b of this title prior to the general amendment of part D

of this subchapter by Pub. L. 105-392.

Another prior section 763 of act July 1, 1944, was classified to

section 295b of this title prior to repeal by Pub. L. 99-129.

Another prior section 763 of act July 1, 1944, was classified to

section 295b of this title prior to the general amendment of former

part D of this subchapter by Pub. L. 91-696.

Prior sections 294q to 294r were omitted in the general amendment

of this subchapter by Pub. L. 102-408.

Section 294q, act July 1, 1944, ch. 373, title VII, Sec. 744,

formerly Sec. 745, as added Sept. 24, 1963, Pub. L. 88-129, Sec.

2(b), 77 Stat. 173; amended Nov. 18, 1971, Pub. L. 92-157, title I,

Sec. 105(f)(2), 85 Stat. 451; renumbered Sec. 744, Oct. 12, 1976,

Pub. L. 94-484, title IV, Sec. 406(a)(2), 90 Stat. 2268, related to

administrative provisions. See section 292u of this title.

Section 294q-1, act July 1, 1944, ch. 373, title VII, Sec. 745,

as added Oct. 22, 1985, Pub. L. 99-129, title II, Sec. 209(h)(2),

99 Stat. 535, related to student loan information to be furnished

to students. See section 292v of this title.

Section 294q-2, act July 1, 1944, ch. 373, title VII, Sec. 746,

as added Oct. 22, 1985, Pub. L. 99-129, title II, Sec. 209(h)(2),

99 Stat. 536, related to procedures for appeal of terminations of

agreements with schools. See section 292w of this title.

Section 294q-3, act July 1, 1944, ch. 373, title VII, Sec. 747,

formerly Sec. 745, as added and renumbered Sec. 747, Oct. 22, 1985,

Pub. L. 99-129, title II, Sec. 209(a)(4), (h)(1), 99 Stat. 532,

535, defined "school of pharmacy".

Section 294r, act July 1, 1944, ch. 373, title VII, Sec. 751, as

added Nov. 4, 1988, Pub. L. 100-607, title VI, Sec. 604, 102 Stat.

3126, related to establishment of a loan repayment program for

allied health personnel.

Another prior section 294r, act July 1, 1944, ch. 373, title VII,

Sec. 748, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec.

408(a), 90 Stat. 2279; amended Aug. 1, 1977, Pub. L. 95-83, title

III, Sec. 307(f), 91 Stat. 391; Dec. 19, 1977, Pub. L. 95-215, Sec.

3, 91 Stat. 1504; Sept. 29, 1979, Pub. L. 96-76, title II, Sec.

206(a), 93 Stat. 583, which related to traineeships for students in

schools of public health, was renumbered section 792 of act July 1,

1944, by Pub. L. 97-35 and transferred to section 295h-1b of this

title, and was subsequently omitted in the general amendment of

this subchapter by Pub. L. 102-408.

A prior section 294s, act July 1, 1944, ch. 373, title VII, Sec.

749, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec. 408(a),

90 Stat. 2280; amended Aug. 1, 1977, Pub. L. 95-83, title III, Sec.

307(f), 91 Stat. 391, Pub. L. 96-88, title III, Sec. 301(a)(1),

title V, Sec. 507, 93 Stat. 677, 692, which related to traineeships

for students in other graduate programs, was renumbered section

791A of act July 1, 1944, by Pub. L. 97-35 and transferred to

section 295h-1a of this title, and was subsequently omitted in the

general amendment of this subchapter by Pub. L. 102-408.

A prior section 294t, act July 1, 1944, ch. 373, title VII, Sec.

751, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec.

408(b)(1), 90 Stat. 2281; amended Dec. 19, 1977, Pub. L. 95-215,

Sec. 5, 91 Stat. 1506; Nov. 9, 1978, Pub. L. 95-623, Sec. 12(c), 92

Stat. 3457; Nov. 10, 1978, Pub. L. 95-626, title I, Sec. 113(b), 92

Stat. 3563; July 10, 1979, Pub. L. 96-32, Sec. 7(i), 93 Stat. 84,

which related to National Health Service Corps Scholarships

Program, was renumbered section 338A of act July 1, 1944, by Pub.

L. 97-35 and transferred to section 254l of this title.

A prior section 294u, act July 1, 1944, ch. 373, title VII, Sec.

752, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec.

408(b)(1), 90 Stat. 2284; amended Nov. 10, 1978, Pub. L. 95-626,

title I, Sec. 113(b), 92 Stat. 3563; Sept. 29, 1979, Pub. L. 96-76,

title II, Sec. 202(a), (b), 93 Stat. 582, which related to

obligated service under contract, was renumbered section 338B of

act July 1, 1944, by Pub. L. 97-35 and transferred to section 254m

of this title, and subsequently renumbered section 338C of act July

1, 1944, by Pub. L. 100-177.

A prior section 294v, act July 1, 1944, ch. 373, title VII, Sec.

753, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec.

408(b)(1), 90 Stat. 2285; amended Dec. 17, 1980, Pub. L. 96-538,

title IV, Sec. 403, 94 Stat. 3192, which related to private

practice, was renumbered section 338C of act July 1, 1944, by Pub.

L. 97-35 and transferred to section 254n of this title, and

subsequently renumbered section 338D of act July 1, 1944, by Pub.

L. 100-177.

A prior section 294w, act July 1, 1944, ch. 373, title VII, Sec.

754, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec.

408(b)(1), 90 Stat. 2286; amended Aug. 1, 1977, Pub. L. 95-83,

title III, Sec. 307(g), 91 Stat. 391, which related to breach of

scholarship contract, was renumbered section 338D of act July 1,

1944, by Pub. L. 97-35 and transferred to section 254o of this

title, and subsequently renumbered section 338E of act July 1,

1944, by Pub. L. 100-177.

A prior section 294x, act July 1, 1944, ch. 373, title VII, Sec.

755, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec.

408(b)(1), 90 Stat. 2287, which related to special grants for

former Corps member to enter private practice, was renumbered

section 338E of act July 1, 1944, by Pub. L. 97-35 and transferred

to section 254p of this title, and subsequently renumbered section

338F of act July 1, 1944, by Pub. L. 100-177, and section 338G of

act July 1, 1944, by Pub. L. 101-597.

A prior section 294y, act July 1, 1944, ch. 373, title VII, Sec.

756, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec.

408(b)(1), 90 Stat. 2288, which related to authorization of

appropriations, was renumbered section 338F of act July 1, 1944, by

Pub. L. 97-35 and transferred to section 254q of this title, and

subsequently renumbered section 338G of act July 1, 1944, prior to

repeal by Pub. L. 100-177, title II, Secs. 201(2), 203, Dec. 1,

1987, 101 Stat. 992, 999.

A prior section 294y-1, act July 1, 1944, ch. 373, title VII,

Sec. 757, as added Aug. 1, 1977, Pub. L. 95-83, title III, Sec.

307(n)(1), 91 Stat. 392; amended Dec. 17, 1980, Pub. L. 96-537,

Sec. 3(d), 94 Stat. 3174, which related to Indian Health

Scholarships, was renumbered section 338G of act July 1, 1944, by

Pub. L. 97-35 and transferred to section 254r of this title, and

subsequently renumbered section 338I of act July 1, 1944, by Pub.

L. 100-177, prior to repeal by Pub. L. 100-713, title I, Sec.

104(b)(1), Nov. 23, 1988, 102 Stat. 4787.

Prior sections 294z to 294cc were omitted in the general

amendment of this subchapter by Pub. L. 102-408.

Section 294z, act July 1, 1944, ch. 373, title VII, Sec. 758, as

added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec. 408(c), 90

Stat. 2289; amended Aug. 1, 1977, Pub. L. 95-83, title III, Sec.

307(h), 91 Stat. 391; Aug. 13, 1981, Pub. L. 97-35, title XXVII,

Sec. 2737, 95 Stat. 920; Oct. 22, 1985, Pub. L. 99-129, title I,

Sec. 102, title II, Sec. 210(a), 99 Stat. 523, 537; Nov. 4, 1988,

Pub. L. 100-607, title VI, Secs. 605, 628(9), 629(b)(2), 102 Stat.

3126, 3146, related to scholarships for students of exceptional

financial need.

Section 294aa, act July 1, 1944, ch. 373, title VII, Sec. 759, as

added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec. 408(c), 90

Stat. 2289; amended Nov. 16, 1990, Pub. L. 101-597, title IV, Sec.

401(b)[(a)], 104 Stat. 3035, established a Lister Hill scholarship

program of grants for family practice of medicine.

Section 294bb, act July 1, 1944, ch. 373, title VII, Sec. 760, as

added Nov. 6, 1990, Pub. L. 101-527, Sec. 6, 104 Stat. 2323,

related to grants and other assistance for students from

disadvantaged backgrounds. See section 293a of this title.

Section 294cc, act July 1, 1944, ch. 373, title VII, Sec. 761, as

added Nov. 6, 1990, Pub. L. 101-527, Sec. 6, 104 Stat. 2325,

related to a loan repayment program regarding service on faculties

of certain health professions schools. See section 293b of this

title.

-End-

-CITE-

42 USC subpart 2 - public health workforce 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part E - Health Professions and Public Health Workforce

subpart 2 - public health workforce

-HEAD-

SUBPART 2 - PUBLIC HEALTH WORKFORCE

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 295o-1 of this title.

-End-

-CITE-

42 USC Sec. 295 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part E - Health Professions and Public Health Workforce

subpart 2 - public health workforce

-HEAD-

Sec. 295. General provisions

-STATUTE-

(a) In general

The Secretary may award grants or contracts to eligible entities

to increase the number of individuals in the public health

workforce, to enhance the quality of such workforce, and to enhance

the ability of the workforce to meet national, State, and local

health care needs.

(b) Eligibility

To be eligible to receive a grant or contract under subsection

(a) of this section an entity shall -

(1) be -

(A) a health professions school, including an accredited

school or program of public health, health administration,

preventive medicine, or dental public health or a school

providing health management programs;

(B) an academic health center;

(C) a State or local government; or

(D) any other appropriate public or private nonprofit entity;

and

(2) prepare and submit to the Secretary an application at such

time, in such manner, and containing such information as the

Secretary may require.

(c) Preference

In awarding grants or contracts under this section the Secretary

may grant a preference to entities -

(1) serving individuals who are from disadvantaged backgrounds

(including underrepresented racial and ethnic minorities); and

(2) graduating large proportions of individuals who serve in

underserved communities.

(d) Activities

Amounts provided under a grant or contract awarded under this

section may be used for -

(1) the costs of planning, developing, or operating

demonstration training programs;

(2) faculty development;

(3) trainee support;

(4) technical assistance;

(5) to meet the costs of projects -

(A) to plan and develop new residency training programs and

to maintain or improve existing residency training programs in

preventive medicine and dental public health, that have

available full-time faculty members with training and

experience in the fields of preventive medicine and dental

public health; and

(B) to provide financial assistance to residency trainees

enrolled in such programs;

(6) the retraining of existing public health workers as well as

for increasing the supply of new practitioners to address

priority public health, preventive medicine, public health

dentistry, and health administration needs;

(7) preparing public health professionals for employment at the

State and community levels; or

(8) other activities that may produce outcomes that are

consistent with the purposes of this section.

(e) Traineeships

(1) In general

With respect to amounts used under this section for the

training of health professionals, such training programs shall be

designed to -

(A) make public health education more accessible to the

public and private health workforce;

(B) increase the relevance of public health academic

preparation to public health practice in the future;

(C) provide education or training for students from

traditional on-campus programs in practice-based sites; or

(D) develop educational methods and distance-based approaches

or technology that address adult learning requirements and

increase knowledge and skills related to community-based

cultural diversity in public health education.

(2) Severe shortage disciplines

Amounts provided under grants or contracts under this section

may be used for the operation of programs designed to award

traineeships to students in accredited schools of public health

who enter educational programs in fields where there is a severe

shortage of public health professionals, including epidemiology,

biostatistics, environmental health, toxicology, public health

nursing, nutrition, preventive medicine, maternal and child

health, and behavioral and mental health professions.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 765, as added Pub. L.

105-392, title I, Sec. 105, Nov. 13, 1998, 112 Stat. 3553.)

-MISC1-

PRIOR PROVISIONS

A prior section 295, act July 1, 1944, ch. 373, title VII, Sec.

781, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2055; amended Pub. L. 105-12, Sec. 12(b), Apr. 30, 1997,

111 Stat. 29, authorized grants and contracts for research on

certain health professions issues, prior to repeal by Pub. L.

105-392, title I, Sec. 106(a)(1), Nov. 13, 1998, 112 Stat. 3557.

Another prior section 295, act July 1, 1944, ch. 373, title VII,

Sec. 761, as added Dec. 25, 1970, Pub. L. 91-696, Sec. 101, 84

Stat. 2080-1; amended Oct. 17, 1979, Pub. L. 96-88, title III, Sec.

301(a)(1), title V, Sec. 507, 93 Stat. 677, 692, provided

Congressional declaration of purpose for former part D of this

subchapter, prior to repeal by Pub. L. 99-129, title II, Sec.

220(c), Oct. 22, 1985, 99 Stat. 544.

Another prior section 295, act July 1, 1944, ch. 373, title VII,

Sec. 761, as added Oct. 31, 1963, Pub. L. 88-164, title I, Sec.

101, 77 Stat. 282, related to authorization of appropriations

respecting grants for construction of mental retardation

facilities, prior to the general amendment of former part D of this

subchapter by section 101 of Pub. L. 91-696.

A prior section 765 of act July 1, 1944, was classified to

section 294c of this title prior to the general amendment of part D

of this subchapter by Pub. L. 105-392.

Another prior section 765 of act July 1, 1944, was classified to

section 295d of this title prior to repeal by Pub. L. 99-129.

Another prior section 765 of act July 1, 1944, was classified to

section 295d of this title prior to the general amendment of part D

of this subchapter by Pub. L. 91-696.

-End-

-CITE-

42 USC Sec. 295a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part E - Health Professions and Public Health Workforce

subpart 2 - public health workforce

-HEAD-

Sec. 295a. Public health training centers

-STATUTE-

(a) In general

The Secretary may make grants or contracts for the operation of

public health training centers.

(b) Eligible entities

(1) In general

A public health training center shall be an accredited school

of public health, or another public or nonprofit private

institution accredited for the provision of graduate or

specialized training in public health, that plans, develops,

operates, and evaluates projects that are in furtherance of the

goals established by the Secretary for the year 2000 in the areas

of preventive medicine, health promotion and disease prevention,

or improving access to and quality of health services in

medically underserved communities.

(2) Preference

In awarding grants or contracts under this section the

Secretary shall give preference to accredited schools of public

health.

(c) Certain requirements

With respect to a public health training center, an award may not

be made under subsection (a) of this section unless the program

agrees that it -

(1) will establish or strengthen field placements for students

in public or nonprofit private health agencies or organizations;

(2) will involve faculty members and students in collaborative

projects to enhance public health services to medically

underserved communities;

(3) will specifically designate a geographic area or medically

underserved population to be served by the center that shall be

in a location removed from the main location of the teaching

facility of the school that is participating in the program with

such center; and

(4) will assess the health personnel needs of the area to be

served by the center and assist in the planning and development

of training programs to meet such needs.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 766, as added Pub. L.

105-392, title I, Sec. 105, Nov. 13, 1998, 112 Stat. 3554.)

-MISC1-

PRIOR PROVISIONS

A prior section 295a, act July 1, 1944, ch. 373, title VII, Sec.

782, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2057, authorized grants and contracts for chiropractic

demonstration projects, prior to repeal by Pub. L. 105-392, title

I, Sec. 106(a)(1), Nov. 13, 1998, 112 Stat. 3557.

Another prior section 295a, act July 1, 1944, ch. 373, title VII,

Sec. 762, as added Dec. 25, 1970, Pub. L. 91-696, Sec. 101, 84

Stat. 2080-2, authorized appropriations for former part D of this

subchapter, prior to repeal by Pub. L. 99-129, title II, Sec.

220(c), Oct. 22, 1985, 99 Stat. 544.

Another prior section 295a, act July 1, 1944, ch. 373, title VII,

Sec. 762, as added Oct. 31, 1963, Pub. L. 88-164, title I, Sec.

101, 77 Stat. 282, related to applications for grants for

construction of mental retardation facilities, including their

approval by Surgeon General and consideration of certain matters,

prior to the general amendment of former part D of this subchapter

by section 101 of Pub. L. 91-696.

A prior section 766 of act July 1, 1944, was classified to

section 294d of this title prior to the general amendment of part D

of this subchapter by Pub. L. 105-392.

Another prior section 766 of act July 1, 1944, was classified to

section 295d-1 of this title prior to repeal by Pub. L. 99-129.

Another prior section 766 of act July 1, 1944, was classified to

section 295d-1 of this title prior to the general amendment of part

D of this subchapter by Pub. L. 91-696.

-End-

-CITE-

42 USC Sec. 295b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part E - Health Professions and Public Health Workforce

subpart 2 - public health workforce

-HEAD-

Sec. 295b. Public health traineeships

-STATUTE-

(a) In general

The Secretary may make grants to accredited schools of public

health, and to other public or nonprofit private institutions

accredited for the provision of graduate or specialized training in

public health, for the purpose of assisting such schools and

institutions in providing traineeships to individuals described in

subsection (b)(3) of this section.

(b) Certain requirements

(1) Amount

The amount of any grant under this section shall be determined

by the Secretary.

(2) Use of grant

Traineeships awarded under grants made under subsection (a) of

this section shall provide for tuition and fees and such stipends

and allowances (including travel and subsistence expenses and

dependency allowances) for the trainees as the Secretary may deem

necessary.

(3) Eligible individuals

The individuals referred to in subsection (a) of this section

are individuals who are pursuing a course of study in a health

professions field in which there is a severe shortage of health

professionals (which fields include the fields of epidemiology,

environmental health, biostatistics, toxicology, nutrition, and

maternal and child health).

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 767, as added Pub. L.

105-392, title I, Sec. 105, Nov. 13, 1998, 112 Stat. 3555.)

-MISC1-

PRIOR PROVISIONS

A prior section 295b, act July 1, 1944, ch. 373, title VII, Sec.

763, as added Dec. 25, 1970, Pub. L. 91-696, Sec. 101, 84 Stat.

2080-2, authorized Secretary to make grants and to set limitations

and conditions on grants, required applications for grants, limited

use of grant funds, set forth method of payment of grants, and

provided for protection of financial interests of the United

States, prior to repeal by Pub. L. 99-129, title II, Sec. 220(c),

Oct. 22, 1985, 99 Stat. 544.

Another prior section 295b, act July 1, 1944, ch. 373, title VII,

Sec. 763, as added Oct. 31, 1963, Pub. L. 88-164, title I, Sec.

101, 77 Stat. 283, related to amount of grants for construction of

mental retardation facilities, including maximum payments, advances

or reimbursement, installments, conditions, and nonduplication of

grants, prior to the general amendment of former part D of this

subchapter by section 101 of Pub. L. 91-696.

A prior section 767 of act July 1, 1944, was classified to

section 295e-1 of this title prior to repeal by Pub. L. 99-129.

Another prior section 767 of act July 1, 1944, was classified to

section 295d-2 of this title prior to repeal by Pub. L. 99-129.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 295e of this title.

-End-

-CITE-

42 USC Sec. 295c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part E - Health Professions and Public Health Workforce

subpart 2 - public health workforce

-HEAD-

Sec. 295c. Preventive medicine; dental public health

-STATUTE-

(a) In general

The Secretary may make grants to and enter into contracts with

schools of medicine, osteopathic medicine, public health, and

dentistry to meet the costs of projects -

(1) to plan and develop new residency training programs and to

maintain or improve existing residency training programs in

preventive medicine and dental public health; and

(2) to provide financial assistance to residency trainees

enrolled in such programs.

(b) Administration

(1) Amount

The amount of any grant under subsection (a) of this section

shall be determined by the Secretary.

(2) Eligibility

To be eligible for a grant under subsection (a) of this

section, the applicant must demonstrate to the Secretary that it

has or will have available full-time faculty members with

training and experience in the fields of preventive medicine or

dental public health and support from other faculty members

trained in public health and other relevant specialties and

disciplines.

(3) Other funds

Schools of medicine, osteopathic medicine, dentistry, and

public health may use funds committed by State, local, or county

public health officers as matching amounts for Federal grant

funds for residency training programs in preventive medicine.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 768, as added Pub. L.

105-392, title I, Sec. 105, Nov. 13, 1998, 112 Stat. 3555.)

-MISC1-

PRIOR PROVISIONS

A prior section 295c, act July 1, 1944, ch. 373, title VII, Sec.

764, as added Dec. 25, 1970, Pub. L. 91-696, Sec. 101, 84 Stat.

2080-2; amended Oct. 17, 1979, Pub. L. 96-88, title III, Sec.

301(a)(1), title V, Sec. 507, 93 Stat. 677, 692, established

requirements of eligibility for grants, prior to repeal by Pub. L.

99-129, title II, Sec. 220(c), Oct. 22, 1985, 99 Stat. 544.

Another prior section 295c, act July 1, 1944, ch. 373, title VII,

Sec. 764, as added Oct. 31, 1963, Pub. L. 88-164, title I, Sec.

101, 77 Stat. 283, related to recovery of expenditures under

certain conditions respecting grants for construction of mental

retardation facilities, prior to the general amendment of former

part D of this subchapter by section 101 of Pub. L. 91-696.

-End-

-CITE-

42 USC Sec. 295d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part E - Health Professions and Public Health Workforce

subpart 2 - public health workforce

-HEAD-

Sec. 295d. Health administration traineeships and special projects

-STATUTE-

(a) In general

The Secretary may make grants to State or local governments (that

have in effect preventive medical and dental public health

residency programs) or public or nonprofit private educational

entities (including graduate schools of social work and business

schools that have health management programs) that offer a program

described in subsection (b) of this section -

(1) to provide traineeships for students enrolled in such a

program; and

(2) to assist accredited programs health administration in the

development or improvement of programs to prepare students for

employment with public or nonprofit private entities.

(b) Relevant programs

The program referred to in subsection (a) of this section is an

accredited program in health administration, hospital

administration, or health policy analysis and planning, which

program is accredited by a body or bodies approved for such purpose

by the Secretary of Education and which meets such other quality

standards as the Secretary of Health and Human Services by

regulation may prescribe.

(c) Preference in making grants

In making grants under subsection (a) of this section, the

Secretary shall give preference to qualified applicants that meet

the following conditions:

(1) Not less than 25 percent of the graduates of the applicant

are engaged in full-time practice settings in medically

underserved communities.

(2) The applicant recruits and admits students from medically

underserved communities.

(3) For the purpose of training students, the applicant has

established relationships with public and nonprofit providers of

health care in the community involved.

(4) In training students, the applicant emphasizes employment

with public or nonprofit private entities.

(d) Certain provisions regarding traineeships

(1) Use of grant

Traineeships awarded under grants made under subsection (a) of

this section shall provide for tuition and fees and such stipends

and allowances (including travel and subsistence expenses and

dependency allowances) for the trainees as the Secretary may deem

necessary.

(2) Preference for certain students

Each entity applying for a grant under subsection (a) of this

section for traineeships shall assure to the satisfaction of the

Secretary that the entity will give priority to awarding the

traineeships to students who demonstrate a commitment to

employment with public or nonprofit private entities in the

fields with respect to which the traineeships are awarded.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 769, as added Pub. L.

105-392, title I, Sec. 105, Nov. 13, 1998, 112 Stat. 3556.)

-MISC1-

PRIOR PROVISIONS

A prior section 295d, act July 1, 1944, ch. 373, title VII, Sec.

765, as added Dec. 25, 1970, Pub. L. 91-696, Sec. 101, 84 Stat.

2080-3; amended Oct. 17, 1979, Pub. L. 96-88, title III, Sec.

301(a)(1), title V, Sec. 507, 93 Stat. 677, 692, related to

requisites for approval of grants, establishment of separate

medical school departments of family medicine, establishment of

special hospital programs of family medicine, and supplementation

of non-Federal funds, prior to repeal by Pub. L. 99-129, title II,

Sec. 220(c), Oct. 22, 1985, 99 Stat. 544.

Another prior section 295d, act July 1, 1944, ch. 373, title VII,

Sec. 765, as added Oct. 31, 1963, Pub. L. 88-164, title I, Sec.

101, 77 Stat. 284, related to noninterference with administration

of institutions respecting grants for construction of mental

retardation facilities, prior to the general amendment of former

part D of this subchapter by section 101 of Pub. L. 91-696.

Prior sections 295d-1 and 295d-2 were repealed by Pub. L. 99-129,

title II, Sec. 220(c), Oct. 22, 1985, 99 Stat. 544.

Section 295d-1, act July 1, 1944, ch. 373, title VII, Sec. 766,

as added Dec. 25, 1970, Pub. L. 91-696, Sec. 101, 84 Stat. 2080-4,

related to establishment and funding of planning and developmental

grants.

Another prior section 295d-1, act July 1, 1944, ch. 373, title

VII, Sec. 766, as added Oct. 31, 1963, Pub. L. 88-164, title I,

Sec. 101, 77 Stat. 284, related to definitions in connection with

grants for construction of mental retardation research facilities,

prior to the general amendment of former part D of this subchapter

by section 101 of Pub. L. 91-696.

Section 295d-2, act July 1, 1944, ch. 373, title VII, Sec. 767,

as added Dec. 25, 1970, Pub. L. 91-696, Sec. 101, 84 Stat. 2080-4,

established Advisory Council on Family Medicine and provided for

its composition, term and compensation of its members, and its

duties and functions.

-End-

-CITE-

42 USC Sec. 295e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part E - Health Professions and Public Health Workforce

subpart 2 - public health workforce

-HEAD-

Sec. 295e. Authorization of appropriations

-STATUTE-

(a) In general

For the purpose of carrying out this subpart, there is authorized

to be appropriated $9,100,000 for fiscal year 1998, and such sums

as may be necessary for each of the fiscal years 1999 through 2002.

(b) Limitation regarding certain program

In obligating amounts appropriated under subsection (a) of this

section, the Secretary may not obligate more than 30 percent for

carrying out section 295b of this title.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 770, as added Pub. L.

105-392, title I, Sec. 105, Nov. 13, 1998, 112 Stat. 3556.)

-MISC1-

PRIOR PROVISIONS

A prior section 295e, act July 1, 1944, ch. 373, title VII, Sec.

768, as added Dec. 25, 1970, Pub. L. 91-696, Sec. 101, 84 Stat.

2080-5, set forth definitions for former part D of this subchapter,

prior to repeal by Pub. L. 99-129, title II, Sec. 220(c), Oct. 22,

1985, 99 Stat. 544.

Another prior section 295e consisted of section 766 of act July

1, 1944. The classification of section 766 of act July 1, 1944, was

changed to section 295d-1 of this title for purposes of

codification.

Prior sections 295e-1 to 295e-5 were repealed by Pub. L. 99-129,

title II, Sec. 220(c), Oct. 22, 1985, 99 Stat. 544.

Section 295e-1, act July 1, 1944, ch. 373, title VII, Sec. 767,

as added Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 107(b), 85

Stat. 457; amended Oct. 12, 1976, Pub. L. 94-484, title I, Sec.

101(g), 90 Stat. 2244, authorized appropriations for grants to

public or nonprofit private hospitals for training, traineeships,

and fellowships in family medicine.

Section 295e-2, act July 1, 1944, ch. 373, title VII, Sec. 768,

as added Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 107(b), 85

Stat. 458; amended Oct. 12, 1976, Pub. L. 94-484, title I, Sec.

101(h), 90 Stat. 2244, established grants for postgraduate training

programs for physicians and dentists and authorized appropriations

for those grants.

Section 295e-3, act July 1, 1944, ch. 373, title VII, Sec. 769,

as added Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 107(b), 85

Stat. 459; amended Oct. 12, 1976, Pub. L. 94-484, title I, Sec.

101(i), 90 Stat. 2245, authorized the Secretary to make grants for

training, traineeships, and fellowships for health professions

teaching personnel and authorized appropriations for those grants.

Section 295e-4, act July 1, 1944, ch. 373, title VII, Sec. 769A,

as added Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 107(b), 85

Stat. 459; amended Oct. 12, 1976, Pub. L. 94-484, title I, Sec.

101(j), 90 Stat. 2245, authorized appropriations for grants for

computer technology health care demonstration programs.

Section 295e-5, act July 1, 1944, ch. 373, title VII, Sec. 769B,

as added Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 107(b), 85

Stat. 460, required applications for grants and approval of grants

by Secretary and set forth payment limitations.

Prior sections 295f to 295f-3 were repealed by act July 1, 1944,

ch. 373, title VII, Sec. 773, as added Nov. 4, 1988, Pub. L.

100-607, title VI, Sec. 606(b), 102 Stat. 3127, effective Oct. 1,

1990.

Section 295f, act July 1, 1944, ch. 373, title VII, Sec. 770, as

added Oct. 22, 1965, Pub. L. 89-290, Sec. 2(a), 79 Stat. 1052;

amended Aug. 16, 1968, Pub. L. 90-490, title I, Sec. 111(a), 82

Stat. 774; Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 104(a), 85

Stat. 437; Oct. 12, 1976, Pub. L. 94-484, title I, Sec. 101(k),

title V, Sec. 501(a)-(c), 90 Stat. 2245, 2290, 2291; Aug. 13, 1981,

Pub. L. 97-35, title XXVII, Sec. 2746(a)(1), 95 Stat. 927; Oct. 22,

1985, Pub. L. 99-129, title II, Sec. 211(a)(1), 99 Stat. 537; Nov.

4, 1988, Pub. L. 100-607, title VI, Sec. 606(a), 102 Stat. 3127,

related to capitation grants for schools of public health.

Section 295f-1, act July 1, 1944, ch. 373, title VII, Sec. 771,

as added Oct. 12, 1976, Pub. L. 94-484, title V, Sec. 502, 90 Stat.

2293; amended Aug. 1, 1977, Pub. L. 95-83, title III, Sec. 307(i),

91 Stat. 391; Dec. 19, 1977, Pub. L. 95-215, Secs. 1(a), 2, 91

Stat. 1503, 1504; Nov. 9, 1978, Pub. L. 95-623, Secs. 11(g), 12(d),

92 Stat. 3456, 3457; Sept. 29, 1979, Pub. L. 96-76, title II, Sec.

207, 93 Stat. 583; Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec.

2746(a)(2), 95 Stat. 927; Oct. 22, 1985, Pub. L. 99-129, title II,

Sec. 211(b), 99 Stat. 539, related to eligibility for capitation

grants.

Another prior section 295f-1, act July 1, 1944, ch. 373, title

VII, Sec. 771, as added Oct. 22, 1965, Pub. L. 89-290, Sec. 2(a),

79 Stat. 1052; amended Aug. 16, 1968, Pub. L. 90-490, title I, Sec.

111(a), 82 Stat. 775; Nov. 2, 1970, Pub. L. 91-519, title I, Sec.

101(a), 84 Stat. 1343; Nov. 18, 1971, Pub. L. 92-157, title I, Sec.

104(a), 85 Stat. 443; Oct. 12, 1976, Pub. L. 94-484, title I, Sec.

101(l), 90 Stat. 2245, authorized start-up assistance, prior to

repeal by Pub. L. 94-484, title V, Sec. 502, Oct. 12, 1976, 90

Stat. 2293, effective with respect to fiscal years beginning after

Sept. 30, 1977.

Section 295f-2, act July 1, 1944, ch. 373, title VII, Sec. 772,

formerly Sec. 775, as added Nov. 18, 1971, Pub. L. 92-157, title I,

Sec. 104(a), 85 Stat. 448; renumbered Sec. 772 and amended Oct. 12,

1976, Pub. L. 94-484, title V, Sec. 503(a), 90 Stat. 2300; Dec. 19,

1977, Pub. L. 95-215, Secs. 1(b), 8(c), 91 Stat. 1504, 1507; Nov.

9, 1978, Pub. L. 95-623, Sec. 12(j), 92 Stat. 3457; Oct. 22, 1985,

Pub. L. 99-129, title II, Sec. 211(c), 99 Stat. 539, related to

applications for capitation grants.

Another prior section 295f-2, act July 1, 1944, ch. 373, title

VII, Sec. 772, as added Oct. 22, 1965, Pub. L. 89-290, Sec. 2(a),

79 Stat. 1053; amended Aug. 16, 1968, Pub. L. 90-490, title I, Sec.

111(a), (e), 82 Stat. 776, 777; Nov. 2, 1970, Pub. L. 91-519, title

I, Sec. 102(a), 84 Stat. 1343; Nov. 18, 1971, Pub. L. 92-157, title

I, Sec. 104(a), 85 Stat. 444; Nov. 16, 1973, Pub. L. 93-154, Sec.

3(b), 87 Stat. 604; July 12, 1974, Pub. L. 93-348, title II, Sec.

215, 88 Stat. 354; Oct. 12, 1976, Pub. L. 94-484, title I, Sec.

101(m), 90 Stat. 2245, provided special project grants and

contracts, prior to repeal by Pub. L. 94-484, title V, Sec. 502,

Oct. 12, 1976, 90 Stat. 2293, effective with respect to fiscal

years beginning after Sept. 30, 1977.

Section 295f-3, act July 1, 1944, ch. 373, title VII, Sec. 773,

as added Nov. 4, 1988, Pub. L. 100-607, title VI, Sec. 606(b), 102

Stat. 3127, provided for repeal of former part D of this

subchapter, effective Oct. 1, 1990.

Another prior section 295f-3, act July 1, 1944, ch. 373, title

VII, Sec. 773, as added Oct. 22, 1965, Pub. L. 89-290, Sec. 2(a),

79 Stat. 1053; amended Aug. 16, 1968, Pub. L. 90-490, title I, Sec.

111(b), 82 Stat. 776; Nov. 18, 1971, Pub. L. 92-157, title I, Sec.

104(a), 85 Stat. 446; July 12, 1974, Pub. L. 93-348, title I, Sec.

106, 88 Stat. 347; Oct. 12, 1976, Pub. L. 94-484, title I, Sec.

101(n), 90 Stat. 2245, authorized grants to assist health

professions schools which were in financial distress, prior to

repeal by Pub. L. 94-484, title V, Sec. 502, Oct. 12, 1976, 90

Stat. 2293, effective with respect to fiscal years beginning after

Sept. 30, 1977.

A prior section 295f-4, act July 1, 1944, ch. 373, title VII,

Sec. 774, as added Oct. 22, 1965, Pub. L. 89-290, Sec. 2(a), 79

Stat. 1054; amended Aug. 16, 1968, Pub. L. 90-490, title I, Sec.

111(c)(1), (2), 82 Stat. 777; Oct. 30, 1970, Pub. L. 91-515, title

VI, Sec. 601(b)(2), 84 Stat. 1311; Nov. 18, 1971, Pub. L. 92-157,

title I, Sec. 104(a), 85 Stat. 446; Nov. 16, 1973, Pub. L. 93-154,

Sec. 3(c), 87 Stat. 605; Oct. 12, 1976, Pub. L. 94-484, title I,

Sec. 101(o), 90 Stat. 2245, authorized health manpower education

initiative awards prior to repeal by Pub. L. 94-484, title V, Sec.

502, Oct. 12, 1976, 90 Stat. 2293, effective with respect to fiscal

years beginning after Sept. 30, 1977.

A prior section 295f-5, act July 1, 1944, ch. 373, title VII,

Sec. 775, as added Nov. 18, 1971, Pub. L. 92-157, title I, Sec.

104(a), 85 Stat. 448, which related to applications for capitation,

start-up, special project, and financial distress grants, was

renumbered section 772 of act July 1, 1944, by Pub. L. 94-484 and

transferred to section 295f-2 of this title.

A prior section 295f-6, act July 1, 1944, ch. 373, title VII,

Sec. 776, as added Nov. 16, 1973, Pub. L. 93-154, Sec. 3(a), 87

Stat. 604, which related to training in emergency medical services,

was renumbered section 789 of act July 1, 1944, by Pub. L. 94-484

and transferred to section 295g-9 of this title.

Prior sections 295g to 295g-2 were omitted in the general

amendment of this subchapter by Pub. L. 102-408.

Section 295g, act July 1, 1944, ch. 373, title VII, Sec. 780, as

added Oct. 12, 1976, Pub. L. 94-484, title VIII, Sec. 801(a), 90

Stat. 2311; amended Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec.

2738, 95 Stat. 921; Oct. 22, 1985, Pub. L. 99-129, title I, Sec.

103, title II, Sec. 212, 99 Stat. 523, 540; Nov. 4, 1988, Pub. L.

100-607, title VI, Secs. 607, 629(b)(1), 102 Stat. 3127, 3146; Aug.

16, 1989, Pub. L. 101-93, Sec. 5(o)(3), 103 Stat. 614, related to

project grants for establishment of departments of family medicine.

Another prior section 295g, act July 1, 1944, ch. 373, title VII,

Sec. 780, as added Oct. 22, 1965, Pub. L. 89-290, Sec. 2(a), 79

Stat. 1055; amended Aug. 16, 1968, Pub. L. 90-490, title I, Secs.

111(c)(4), 122(a) to (c), 82 Stat. 777, 779; July 9, 1971, Pub. L.

92-52, Sec. 2, 85 Stat. 144; Nov. 18, 1971, Pub. L. 92-157, title

I, Secs. 106(a), (b)(3), (4), 108(b)(2), title III, Sec. 301(g), 85

Stat. 452, 453, 461, 464; Oct. 12, 1976, Pub. L. 94-484, title I,

Sec. 101(p), 90 Stat. 2245, related to scholarship grants for study

in United States, prior to repeal by Pub. L. 94-484, title IV, Sec.

409(a), Oct. 12, 1976, 90 Stat. 2290, effective Oct. 1, 1976.

Section 295g-1, act July 1, 1944, ch. 373, title VII, Sec. 781,

as added Oct. 12, 1976, Pub. L. 94-484, title VIII, Sec. 801(a), 90

Stat. 2312; amended Aug. 1, 1977, Pub. L. 95-83, title III, Sec.

307(j), 91 Stat. 392; Sept. 29, 1979, Pub. L. 96-76, title II, Sec.

203, 93 Stat. 582; Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec.

2739, 95 Stat. 921; Jan. 4, 1983, Pub. L. 97-414, Sec. 8(j), 96

Stat. 2061; Aug. 15, 1985, Pub. L. 99-91, Sec. 7, 99 Stat. 392;

Oct. 22, 1985, Pub. L. 99-129, title I, Sec. 104, title II, Sec.

213, 99 Stat. 523, 540; Nov. 4, 1988, Pub. L. 100-607, title VI,

Secs. 608, 629(b)(3), 102 Stat. 3127, 3146; Aug. 16, 1989, Pub. L.

101-93, Sec. 5(o)(3), (5), (6), 103 Stat. 614; Nov. 16, 1990, Pub.

L. 101-597, title IV, Sec. 401(b)[(a)], 104 Stat. 3035, related to

area health education centers.

Another prior section 295g-1, act July 1, 1944, ch. 373, title

VII, Sec. 781, as added Aug. 16, 1968, Pub. L. 90-490, title I,

Sec. 122(d), 82 Stat. 779; amended Nov. 18, 1971, Pub. L. 92-157,

title I, Secs. 105(f)(3), 106(b)(4), 85 Stat. 451, 453, provided

for transfer of monies to student loan fund, prior to repeal by

Pub. L. 94-484, title IV, Sec. 409(a), Oct. 12, 1976, 90 Stat.

2290, effective Oct. 1, 1976.

Section 295g-2, act July 1, 1944, ch. 373, title VII, Sec. 782,

formerly Sec. 788A, as added Aug. 18, 1987, Pub. L. 100-97, Sec. 3,

101 Stat. 713; renumbered Sec. 782 and amended Nov. 4, 1988, Pub.

L. 100-607, title VI, Sec. 614, 102 Stat. 3136; amended Aug. 16,

1989, Pub. L. 101-93, Sec. 5(i), 103 Stat. 613; Nov. 6, 1990, Pub.

L. 101-527, Sec. 4(a), 104 Stat. 2318, provided for programs of

excellence in health professions education for minorities. See

section 293 of this title.

Another prior section 295g-2, act July 1, 1944, ch. 373, title

VII, Sec. 782, as added Oct. 12, 1976, Pub. L. 94-484, title VIII,

Sec. 801(a), 90 Stat. 2314; amended Nov. 9, 1978, Pub. L. 95-623,

Sec. 12(e), 92 Stat. 3457, authorized Secretary to make grants to

schools of medicine and osteopathy for programs to train United

States citizens formerly enrolled in medical schools in foreign

countries, authorized appropriations for those grants, and set

forth reporting requirements, prior to repeal by Pub. L. 99-129,

title II, Sec. 220(d), Oct. 22, 1985, 99 Stat. 544.

A prior section 295g-3, act July 1, 1944, ch. 373, title VII,

Sec. 783, as added Oct. 12, 1976, Pub. L. 94-484, title VIII, Sec.

801(a), 90 Stat. 2314; amended Aug. 13, 1981, Pub. L. 97-35, title

XXVII, Sec. 2740, 95 Stat. 922; Oct. 22, 1985, Pub. L. 99-129,

title I, Sec. 105, 99 Stat. 524, related to programs for physician

assistants, prior to repeal by Pub. L. 100-607, title VI, Sec.

615(b), Nov. 4, 1988, 102 Stat. 3138.

Prior sections 295g-4 to 295g-8 were omitted in the general

amendment of this subchapter by Pub. L. 102-408.

Section 295g-4, act July 1, 1944, ch. 373, title VII, Sec. 784,

as added Oct. 12, 1976, Pub. L. 94-484, title VIII, Sec. 801(a), 90

Stat. 2315; amended Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec.

2741, 95 Stat. 922; Jan. 4, 1983, Pub. L. 97-414, Sec. 9(f), 96

Stat. 2064; Oct. 22, 1985, Pub. L. 99-129, title I, Sec. 106, title

II, Sec. 214, 99 Stat. 524, 540; Nov. 4, 1988, Pub. L. 100-607,

title VI, Sec. 609, 102 Stat. 3130; Nov. 18, 1988, Pub. L. 100-690,

title II, Sec. 2615(c), 102 Stat. 4239; Aug. 16, 1989, Pub. L.

101-93, Sec. 5(o)(3), 103 Stat. 614, related to grants and

contracts for training, traineeships, and fellowships in general

internal medicine and general pediatrics.

Section 295g-5, act July 1, 1944, ch. 373, title VII, Sec. 785,

as added Nov. 4, 1988, Pub. L. 100-607, title VI, Sec. 610(a)(2),

102 Stat. 3130, related to residency programs in the general

practice of dentistry.

Another prior section 295g-5, act July 1, 1944, ch. 373, title

VII, Sec. 785, as added Oct. 12, 1976, Pub. L. 94-484, title VIII,

Sec. 801(a), 90 Stat. 2315, established grants to public or private

nonprofit colleges or universities for occupational health training

and education centers and authorized appropriations for those

grants, prior to repeal by Pub. L. 99-129, title II, Sec. 220(e),

Oct. 22, 1985, 99 Stat. 544.

Section 295g-6, act July 1, 1944, ch. 373, title VII, Sec. 786,

as added Oct. 12, 1976, Pub. L. 94-484, title VIII, Sec. 801(a), 90

Stat. 2316; amended Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec.

2742, 95 Stat. 923; Oct. 22, 1985, Pub. L. 99-129, title I, Sec.

107, title II, Sec. 215, 99 Stat. 524, 540; Nov. 4, 1988, Pub. L.

100-607, title VI, Sec. 610(a)(1), (b), 102 Stat. 3130, 3131; Aug.

16, 1989, Pub. L. 101-93, Sec. 5(o)(3), (6), 103 Stat. 614, related

to grants and contracts for specified family medicine programs. See

section 293k of this title.

Section 295g-7, act July 1, 1944, ch. 373, title VII, Sec. 787,

as added Oct. 12, 1976, Pub. L. 94-484, title VIII, Sec. 801(a), 90

Stat. 2317; amended Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec.

2743, 95 Stat. 923; Oct. 22, 1985, Pub. L. 99-129, title I, Sec.

108, title II, Sec. 216, 99 Stat. 524, 541; Nov. 4, 1988, Pub. L.

100-607, title VI, Secs. 611(a)-(e), 628(10), 629(b)(2), 102 Stat.

3131, 3132, 3146; Nov. 18, 1988, Pub. L. 100-690, title II, Sec.

2615(d), (e), 102 Stat. 4239; Aug. 16, 1989, Pub. L. 101-93, Sec.

5(h), (o)(2), 103 Stat. 612, 614, related to educational assistance

to individuals from disadvantaged backgrounds. See section 293c of

this title.

Section 295g-7a, act July 1, 1944, ch. 373, title VII, Sec. 787A,

as added and amended Nov. 4, 1988, Pub. L. 100-607, title VI, Secs.

612, 629(b)(2), 102 Stat. 3132, 3146, related to a retention

program for health professions schools with individuals from

disadvantaged backgrounds. See section 293 et seq. of this title.

Section 295g-8, act July 1, 1944, ch. 373, title VII, Sec. 788,

as added Oct. 12, 1976, Pub. L. 94-484, title VIII, Sec. 801(a), 90

Stat. 2318; amended Nov. 9, 1978, Pub. L. 95-623, Sec. 12(f), 92

Stat. 3457; Sept. 29, 1979, Pub. L. 96-76, title II, Sec. 205, 93

Stat. 583; Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec.

2744(a)(1), (b)-(f), 95 Stat. 923, 924; Oct. 22, 1985, Pub. L.

99-129, title I, Sec. 109, title II, Sec. 217, 99 Stat. 524, 541;

Nov. 14, 1986, Pub. L. 99-660, title VI, Sec. 601, 100 Stat. 3797;

Dec. 1, 1987, Pub. L. 100-177, title IV, Sec. 401, 101 Stat. 1007;

Nov. 4, 1988, Pub. L. 100-607, title VI, Secs. 613(a), 628(11),

629(b)(2), 102 Stat. 3133, 3146; Aug. 16, 1989, Pub. L. 101-93,

Sec. 5(o)(2), (3), 103 Stat. 614; July 23, 1992, Pub. L. 102-325,

title XV, Sec. 1559, 106 Stat. 841, related to grants and contracts

for special projects.

Another prior section 295g-8, act July 1, 1944, ch. 373, title

VII, Sec. 788A, as added Aug. 18, 1987, Pub. L. 100-97, Sec. 3, 101

Stat. 713, which related to grants for minority education, was

renumbered section 782 of act July 1, 1944, by Pub. L. 100-607 and

transferred to section 295g-2 of this title.

A prior section 295g-8a, act July 1, 1944, ch. 373, title VII,

Sec. 788A, as added Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec.

2745, 95 Stat. 925, authorized Secretary to make grants or enter

into contracts with schools in serious financial distress to assist

their operations, under certain terms and conditions, prior to

repeal by Pub. L. 99-129, title II, Sec. 220(f)(1), Oct. 22, 1985,

99 Stat. 544.

Prior sections 295g-8b to 295g-10 were omitted in the general

amendment of this subchapter by Pub. L. 102-408.

Section 295g-8b, act July 1, 1944, ch. 373, title VII, Sec. 788A,

formerly Sec. 788B, as added Aug. 13, 1981, Pub. L. 97-35, title

XXVII, Sec. 2745, 95 Stat. 926; amended Oct. 22, 1985, Pub. L.

99-129, title I, Sec. 110, title II, Secs. 218, 220(f)(2)-(4), 99

Stat. 524, 543, 544; Nov. 4, 1988, Pub. L. 100-607, title VI, Secs.

622, 629(b)(2), 102 Stat. 3141, 3146; Nov. 18, 1988, Pub. L.

100-690, title II, Sec. 2615(g), 102 Stat. 4239; renumbered Sec.

788A and amended Aug. 16, 1989, Pub. L. 101-93, Sec. 5(k), (o)(4),

103 Stat. 613, 614, related to training with respect to acquired

immune deficiency syndrome. See section 300ff-111 of this title.

Another prior section 788A of act July 1, 1944, was renumbered

section 782 by section 614(a) of Pub. L. 100-607, as amended, and

classified to section 295g-2 of this title.

Section 295g-9, act July 1, 1944, ch. 373, title VII, Sec. 789,

as added and amended Nov. 4, 1988, Pub. L. 100-607, title VI, Secs.

615(a), 629(b)(1), 102 Stat. 3136, 3146; Aug. 16, 1989, Pub. L.

101-93, Sec. 5(o)(3), 103 Stat. 614, related to geriatric education

centers and geriatric training.

Another prior section 295g-9, act July 1, 1944, ch. 373, title

VII, Sec. 789, formerly Sec. 776, as added Nov. 16, 1973, Pub. L.

93-154, Sec. 3(a), 87 Stat. 604; renumbered Sec. 789, Oct. 12,

1976, Pub. L. 94-484, title VIII, Sec. 801(b), 90 Stat. 2322;

amended Oct. 21, 1976, Pub. L. 94-573, Sec. 12, 90 Stat. 2717; July

10, 1979, Pub. L. 96-32, Sec. 7(h), 93 Stat. 84; Aug. 1, 1977, Pub.

L. 95-83, title III, Sec. 307(k), 91 Stat. 392; Dec. 12, 1979, Pub.

L. 96-142, title I, Sec. 102, 93 Stat. 1067, authorized Secretary

to make grants and enter into contracts for training in emergency

medical services, set forth eligibility requirements and amounts,

directed Secretary to use a uniform funding cycle, and authorized

appropriations for those grants and contracts, prior to repeal by

Pub. L. 99-129, title II, Sec. 220(g), Oct. 22, 1985, 99 Stat. 544.

Section 295g-10, act July 1, 1944, ch. 373, title VII, Sec. 790,

as added Oct. 12, 1976, Pub. L. 94-484, title VIII, Sec. 801(c), 90

Stat. 2322; amended Nov. 4, 1988, Pub. L. 100-607, title VI, Sec.

616(a), (b), 102 Stat. 3138, provided general provisions.

A prior section 295g-10a, Pub. L. 100-607, title VI, Sec. 633,

Nov. 4, 1988, 102 Stat. 3147, required with respect to the

application and award process for certain health personnel training

programs the semiannual issuance of solicitations for grant

applications and the preliminary review of applications for

technical sufficiency, prior to repeal by Pub. L. 102-408, title

III, Sec. 311, Oct. 13, 1992, 106 Stat. 2091.

A prior section 295g-11, act July 1, 1944, ch. 373, title VII,

Sec. 790A, as added Nov. 4, 1988, Pub. L. 100-607, title VI, Sec.

617, 102 Stat. 3140, related to public health special projects,

prior to the general amendment of this subchapter by Pub. L.

102-408.

Another prior section 295g-11, act July 1, 1944, ch. 373, title

VII, Sec. 785, as added Nov. 18, 1971, Pub. L. 92-157, title I,

Sec. 106(b)(6), 85 Stat. 453; amended Oct. 12, 1976, Pub. L.

94-484, title I, Sec. 101(q), 90 Stat. 2245, provided scholarship

grants for study abroad, prior to repeal by Pub. L. 94-484, title

IV, Sec. 409(a), Oct. 12, 1976, 90 Stat. 2290, effective Oct. 1,

1976.

Prior sections 295g-21 to 295g-23 were repealed by Pub. L.

94-484, title IV, Sec. 409(a), Oct. 12, 1976, 90 Stat. 2290,

effective Oct. 1, 1976.

Section 295g-21, act July 1, 1944, ch. 373, title VII, Sec. 784,

as added Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 106(c), 85

Stat. 455, provided scholarship grants in relation to physician

shortage area scholarship program.

Section 295g-22, act July 1, 1944, ch. 373, title VII, Sec. 785,

as added Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 106(c), 85

Stat. 457, related to administration of and contractual

arrangements for implementation of the physician shortage area

scholarship program.

Section 295g-23, act July 1, 1944, ch. 373, title VII, Sec. 786,

as added Nov. 18, 1971 Pub. L. 92-157, title I, Sec. 106(c), 85

Stat. 457; amended Apr. 22, 1976, Pub. L. 94-278, title XI, Sec.

1104, 90 Stat. 416; Oct. 12, 1976, Pub. L. 94-484, title I, Sec.

101(r), 90 Stat. 2246, authorized appropriations for physician

shortage area scholarships in amount of $2,500,000; $3,000,000;

$3,500,000; $3,500,000; and $2,000,000 for fiscal years ending June

30, 1972, through 1976, and for fiscal years ending Sept. 30, 1977,

and thereafter such sums necessary to continue making grants to

students who prior to July 1, 1976, received grants and were

eligible for grants during the succeeding fiscal year.

A prior section 295h, act July 1, 1944, ch. 373, title VII, Sec.

791, as added Oct. 12, 1976, Pub. L. 94-484, title VII, Sec.

701(a), 90 Stat. 2303; amended Oct. 17, 1979, Pub. L. 96-88, title

III, Sec. 301(a)(1), title V, Sec. 507, 93 Stat. 677, 692; Aug. 13,

1981, Pub. L. 97-35, title XXVII, Sec. 2746(b)(1), 95 Stat. 927;

Jan. 4, 1983, Pub. L. 97-414, Sec. 8(k)(2), 96 Stat. 2061; Oct. 22,

1985, Pub. L. 99-129, title I, Sec. 111, title II, Sec. 219, 99

Stat. 524, 543; Nov. 4, 1988, Pub. L. 100-607, title VI, Sec. 618,

102 Stat. 3140; Nov. 18, 1988, Pub. L. 100-690, title II, Sec.

2615(f), 102 Stat. 4239; Aug. 16, 1989, Pub. L. 101-93, Sec. 5(j),

103 Stat. 613, related to grants for graduate programs in health

administration, prior to the general amendment of this subchapter

by Pub. L. 102-408.

Another prior section 295h, act July 1, 1944, ch. 373, title VII,

Sec. 791, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 2, 80 Stat.

1222; amended Aug. 16, 1968, Pub. L. 90-490, title III, Sec.

301(a)(1), 82 Stat. 788; Nov. 2, 1970, Pub. L. 91-519, title II,

Sec. 201, 84 Stat. 1344, provided for grants for construction of

teaching facilities of allied health professions personnel, prior

to the general amendment of this part by Pub. L. 94-484.

A prior section 295h-1, act July 1, 1944, ch. 373, title VII,

Sec. 792, as added Oct. 12, 1976, Pub. L. 94-484, title VII, Sec.

701(a), 90 Stat. 2304; amended Nov. 10, 1978, Pub. L. 95-626, title

I, Sec. 121, 92 Stat. 3570; Sept. 29, 1979, Pub. L. 96-76, title

II, Sec. 206(b), 93 Stat. 583, related to special projects for

accredited schools of public health and graduate programs in health

administration, prior to repeal by Pub. L. 97-35, title XXVII, Sec.

2746(c), Aug. 13, 1981, 95 Stat. 927.

Another prior section 295h-1, act July 1, 1944, ch. 373, title

VII, Sec. 792, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 2, 80

Stat. 1226; amended Aug. 16, 1968, Pub. L. 90-490, title III, Sec.

301(a)(2), 82 Stat. 788; Nov. 2, 1970, Pub. L. 91-519, title II,

Sec. 202(a), (b), 84 Stat. 1344, 1345; June 18, 1973, Pub. L.

93-45, title I, Sec. 109(a), (b), 87 Stat. 93; Oct. 12, 1976, Pub.

L. 94-484, title I, Sec. 101(s)(1), (2), 90 Stat. 2246, provided

for grants to improve quality of training centers for allied health

professions, prior to the general amendment of this part by Pub. L.

94-484.

Prior sections 295h-1a to 295h-2 were omitted in the general

amendment of this subchapter by Pub. L. 102-408.

Section 295h-1a, act July 1, 1944, ch. 373, title VII, Sec. 791A,

formerly Sec. 749, as added Oct. 12, 1976, Pub. L. 94-484, title

IV, Sec. 408(a), 90 Stat. 2280; amended Aug. 1, 1977, Pub. L.

95-83, title III, Sec. 307(f), 91 Stat. 391; Oct. 17, 1979, Pub. L.

96-88, title III, Sec. 301(a)(1), title V, Sec. 507, 93 Stat. 677,

692; renumbered Sec. 791A and amended Aug. 13, 1981, Pub. L. 97-35,

title XXVII, Sec. 2746(b)(2), 95 Stat. 927; Jan. 4, 1983, Pub. L.

97-414, Sec. 8(k)(1), 96 Stat. 2061; Oct. 22, 1985, Pub. L. 99-129,

title I, Sec. 112, 99 Stat. 525; Nov. 4, 1988, Pub. L. 100-607,

title VI, Sec. 619, 102 Stat. 3140, related to traineeships for

students in other graduate programs.

Section 295h-1b, act July 1, 1944, ch. 373, title VII, Sec. 792;

formerly Sec. 748, as added Oct. 12, 1976, Pub. L. 94-484, title

IV, Sec. 408(a), 90 Stat. 2279; amended Aug. 1, 1977, Pub. L.

95-83, title III, Sec. 307(f), 91 Stat. 391; Dec. 19, 1977, Pub. L.

95-215, Sec. 3, 91 Stat. 1504; Sept. 29, 1979, Pub. L. 96-76, title

II, Sec. 206(a), 93 Stat. 583; renumbered Sec. 792 and amended Aug.

13, 1981, Pub. L. 97-35, title XXVII, Sec. 2746(d), 95 Stat. 927;

Oct. 22, 1985, Pub. L. 99-129, title I, Sec. 113, 99 Stat. 525;

Nov. 4, 1988, Pub. L. 100-607, title VI, Sec. 621, 102 Stat. 3141,

related to traineeships for students in schools of public health.

Another prior section 792 of act July 1, 1944, as added Oct. 12,

1976, Pub. L. 94-484, title VII, Sec. 701(a), 90 Stat. 2304, was

classified to section 295h-1 of this title prior to repeal by Pub.

L. 97-35, title XXVII, Sec. 2746(c), Aug. 13, 1981, 95 Stat. 927.

Section 295h-1c, act July 1, 1944, ch. 373, title VII, Sec. 793,

as added Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec. 2746(f),

95 Stat. 928; amended Oct. 22, 1985, Pub. L. 99-129, title I, Sec.

114, 99 Stat. 525; Nov. 4, 1988, Pub. L. 100-607, title VI, Sec.

629(b)(2), 102 Stat. 3146, related to training in preventive

medicine.

Another prior section 793 of act July 1, 1944, was renumbered

section 794 by Pub. L. 97-35, title XXVII, Sec. 2746(f), Aug. 13,

1981, 95 Stat. 928, and classified to section 295h-2 of this title.

Section 295h-2, act July 1, 1944, ch. 373, title VII, Sec. 794,

formerly Sec. 793, as added Oct. 12, 1976, Pub. L. 94-484, title

VII, Sec. 701(a), 90 Stat. 2305; amended S. Res. No. 4, Feb. 4,

1977; Nov. 9, 1978, Pub. L. 95-623, Sec. 12(g), 92 Stat. 3457; S.

Res. No. 30, Mar. 7, 1979; H. Res. No. 549, Mar. 25, 1980;

renumbered Sec. 794, Aug. 13, 1981, Pub. L. 97-35, title XXVII,

Sec. 2746(f), 95 Stat. 928, related to statistics and annual report

to Congress.

Another prior section 295h-2, act July 1, 1944, ch. 373, title

VII, Sec. 793, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 2, 80

Stat. 1228; amended Aug. 16, 1968, Pub. L. 90-490, title III, Sec.

301(a)(3), 82 Stat. 788; Nov. 2, 1970, Pub. L. 91-519, title II,

Sec. 203, 84 Stat. 1436; June 18, 1973, Pub. L. 93-45, title I,

Sec. 109(c), 87 Stat. 93; Oct. 12, 1976, Pub. L. 94-484, title I,

Sec. 101(s)(3), 90 Stat. 2246, provided traineeships for advanced

training of allied health professions personnel, including

authorization of appropriations, prior to the general amendment of

this part by Pub. L. 94-484.

Another prior section 794 of act July 1, 1944, ch. 373, title

VII, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 2, 80 Stat. 1228,

was classified to section 294h-3 of this title prior to repeal by

Pub. L. 91-519, title II, Sec. 202(d), Nov. 2, 1970, 84 Stat. 1345.

A prior section 295h-3, act July 1, 1944, ch. 373, title VII,

Sec. 794, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 2, 80 Stat.

1228; amended Aug. 16, 1968, Pub. L. 90-490, title III, Sec.

301(a)(4), (b), 82 Stat. 788, authorized appropriations for grants

to public or nonprofit private agencies, institutions, and

organizations for projects to develop, demonstrate, or evaluate

curriculums and methods for the training of health technologists,

prior to repeal by Pub. L. 91-519, title II, Sec. 202(d), Nov. 2,

1970, 84 Stat. 1345, effective with respect to the fiscal year

beginning July 1, 1970.

Prior sections 295h-3a to 295h-3d were omitted in the general

amendment of this part by Pub. L. 94-484.

Section 295h-3a, act July 1, 1944, ch. 373, title VII, Sec. 794A,

as added Nov. 2, 1970, Pub. L. 91-519, title II, Sec. 204, 84 Stat.

1346; amended June 18, 1973, Pub. L. 93-45, title I, Sec. 109(d),

87 Stat. 93; Oct. 12, 1976, Pub. L. 94-484, title I, Sec.

101(s)(4), 90 Stat. 2246, provided for grants and contracts to

encourage full utilization of educational talent for allied health

professions and authorizing appropriations.

Section 295h-3b, act July 1, 1944, ch. 373, title VII, Sec. 794B,

as added Nov. 2, 1970, Pub. L. 91-519, title II, Sec. 204, 84 Stat.

1346, provided for scholarship grants for training in allied health

professions.

Section 295h-3c, act July 1, 1944, ch. 373, title VII, Sec. 794C,

as added Nov. 2, 1970, Pub. L. 91-519, title II, Sec. 204, 84 Stat.

1347, provided for work-study programs in training in allied health

professions.

Section 295h-3d, act July 1, 1944, ch. 373, title VII, Sec. 794D,

as added Nov. 2, 1970, Pub. L. 91-519, title II, Sec. 204, 84 Stat.

1349; amended Nov. 18, 1971, Pub. L. 92-157, title III, Sec.

301(e), 85 Stat. 464, provided for loans for students of allied

health professions.

Prior sections 295h-4 to 295h-7 were omitted in the general

amendment of this subchapter by Pub. L. 102-408.

Section 295h-4, act July 1, 1944, ch. 373, title VII, Sec. 795,

as added Oct. 12, 1976, Pub. L. 94-484, title VII, Sec. 701(a), 90

Stat. 2306; amended Oct. 17, 1979, Pub. L. 96-88, title III, Sec.

301(a)(1), title V, Sec. 507, 93 Stat. 677, 692, defined "allied

health personnel", "training center for allied health professions",

and "nonprofit". See section 295p of this title.

Another prior section 295h-4, act July 1, 1944, ch. 373, title

VII, Sec. 795, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 2, 80

Stat. 1228; amended Dec. 5, 1967, Pub. L. 90-174, Sec. 12(e), 81

Stat. 542; Nov. 2, 1970, Pub. L. 91-519, title II, Sec. 202(c), 84

Stat. 1344; Nov. 18, 1971, Pub. L. 92-157, title III, Sec. 301(f),

85 Stat. 464, defined "training center for allied health

professions"; "full-time student"; "nonprofit"; "construction" and

"cost of construction"; and "affiliated hospital", prior to the

general amendment of this part by Pub. L. 94-484.

Section 295h-5, act July 1, 1944, ch. 373, title VII, Sec. 796,

as added Oct. 12, 1976, Pub. L. 94-484, title VII, Sec. 701(a), 90

Stat. 2307; amended Aug. 1, 1977, Pub. L. 95-83, title III, Sec.

307(l), (m), 91 Stat. 392; Nov. 4, 1988, Pub. L. 100-607, title VI,

Sec. 624, 102 Stat. 3143; Nov. 18, 1988, Pub. L. 100-690, title II,

Sec. 2615(f) [(h)], 102 Stat. 4240, related to project grants and

contracts with eligible entities to improve the effectiveness of

allied health administration and practitioners. See section 294e of

this title.

Another prior section 295h-5, act July 1, 1944, ch. 373, title

VII, Sec. 796, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 2, 80

Stat. 1230, provided for keeping of records and audits in relation

to training in allied health professions, prior to the general

amendment of this part by Pub. L. 94-484.

Section 295h-6, act July 1, 1944, ch. 373, title VII, Sec. 797,

as added Oct. 12, 1976, Pub. L. 94-484, title VII, Sec. 701(a), 90

Stat. 2308; amended Nov. 4, 1988, Pub. L. 100-607, title VI, Sec.

625, 102 Stat. 3144, related to traineeships for advanced training

of allied health personnel.

Another prior section 295h-6, act July 1, 1944, ch. 373, title

VII, Sec. 797, as added Aug. 16, 1968, Pub. L. 90-490, title III,

Sec. 301(c), 82 Stat. 788, authorized the use of up to one-half of

one per centum of appropriated funds for evaluation of programs

covered thereby, prior to repeal by Pub. L. 91-296, title IV, Sec.

401(b)(1)(E), June 30, 1970, 84 Stat. 352, effective with respect

to appropriations for fiscal years beginning after June 30, 1970.

Section 295h-7, act July 1, 1944, ch. 373, title VII, Sec. 798,

as added Oct. 12, 1976, Pub. L. 94-484, title VII, Sec. 701(a), 90

Stat. 2309, related to educational assistance to disadvantaged

individuals in allied health training.

Another prior section 295h-7, act July 1, 1944, ch. 373, title

VII, Sec. 798, as added Aug. 16, 1968, Pub. L. 90-490, title III,

Sec. 301(d), 82 Stat. 788; amended Nov. 2, 1970, Pub. L. 91-519,

title II, Sec. 205, 84 Stat. 1354, directed Secretary to conduct a

study of the allied health programs, prior to the general amendment

of this part by Pub. L. 94-484.

A prior section 295h-8, act July 1, 1944, ch. 373, title VII,

Sec. 799, as added Nov. 2, 1970, Pub. L. 91-519, title II, Sec.

206, 84 Stat. 1354; amended Nov. 18, 1971, Pub. L. 92-157, title I,

Sec. 109, 85 Stat. 461, which related to advance funding, was

renumbered section 703 of act July 1, 1944, by Pub. L. 94-484 and

transferred to section 292c of this title.

A prior section 295h-9, act July 1, 1944, ch. 373, title VII,

Sec. 799A, as added Nov. 2, 1970, Pub. L. 91-519, title II, Sec.

207, 84 Stat. 1355, Sec. 704; amended Nov. 18, 1971, Pub. L.

92-157, title I, Sec. 110(2), 85 Stat. 461; July 12, 1974, Pub. L.

93-348, title I, Sec. 105, 88 Stat. 347, which related to sexual

discrimination, was renumbered section 704 of act July 1, 1944, by

Pub. L. 94-484 and transferred to section 292d of this title.

A prior section 295i, act July 1, 1944, ch. 373, title VII, Sec.

799, as added Apr. 7, 1986, Pub. L. 99-272, title XVII, Sec. 17001,

100 Stat. 357; amended Oct. 25, 1988, Pub. L. 100-527, Sec. 10(4),

102 Stat. 2641; Nov. 4, 1988, Pub. L. 100-607, title VI, Secs. 627,

629(b)(1), 102 Stat. 3145, 3146; Aug. 16, 1989, Pub. L. 101-93,

Sec. 5(o)(3), 103 Stat. 614; Oct. 9, 1992, Pub. L. 102-405, title

III, Sec. 302(e)(1), 106 Stat. 1985, established a Council on

Graduate Medical Education, prior to the general amendment of this

subchapter by Pub. L. 102-408. See section 294o of this title.

-End-

-CITE-

42 USC Part F - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part F - General Provisions

-HEAD-

PART F - GENERAL PROVISIONS

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-392, title I, Sec. 106(a)(2)(A), Nov. 13,

1998, 112 Stat. 3557, redesignated part G as F.

-End-

-CITE-

42 USC Sec. 295j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part F - General Provisions

-HEAD-

Sec. 295j. Preferences and required information in certain programs

-STATUTE-

(a) Preferences in making awards

(1) In general

Subject to paragraph (2), in making awards of grants or

contracts under any of sections 293k and 294 of this title, the

Secretary shall give preference to any qualified applicant that -

(A) has a high rate for placing graduates in practice

settings having the principal focus of serving residents of

medically underserved communities; or

(B) during the 2-year period preceding the fiscal year for

which such an award is sought, has achieved a significant

increase in the rate of placing graduates in such settings.

(2) Limitation regarding peer review

For purposes of paragraph (1), the Secretary may not give an

applicant preference if the proposal of the applicant is ranked

at or below the 20th percentile of proposals that have been

recommended for approval by peer review groups.

(b) "Graduate" defined

For purposes of this section, the term "graduate" means, unless

otherwise specified, an individual who has successfully completed

all training and residency requirements necessary for full

certification in the health profession selected by the individual.

(c) Exceptions for new programs

(1) In general

To permit new programs to compete equitably for funding under

this section, those new programs that meet at least 4 of the

criteria described in paragraph (3) shall qualify for a funding

preference under this section.

(2) Definition

As used in this subsection, the term "new program" means any

program that has graduated less than three classes. Upon

graduating at least three classes, a program shall have the

capability to provide the information necessary to qualify the

program for the general funding preferences described in

subsection (a) of this section.

(3) Criteria

The criteria referred to in paragraph (1) are the following:

(A) The mission statement of the program identifies a

specific purpose of the program as being the preparation of

health professionals to serve underserved populations.

(B) The curriculum of the program includes content which will

help to prepare practitioners to serve underserved populations.

(C) Substantial clinical training experience is required

under the program in medically underserved communities.

(D) A minimum of 20 percent of the clinical faculty of the

program spend at least 50 percent of their time providing or

supervising care in medically underserved communities.

(E) The entire program or a substantial portion of the

program is physically located in a medically underserved

community.

(F) Student assistance, which is linked to service in

medically underserved communities following graduation, is

available to the students in the program.

(G) The program provides a placement mechanism for deploying

graduates to medically underserved communities.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 791, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2058; amended

Pub. L. 102-531, title III, Sec. 313(a)(5), Oct. 27, 1992, 106

Stat. 3507; Pub. L. 105-392, title I, Secs. 106(a)(2)(B), 107, Nov.

13, 1998, 112 Stat. 3557, 3560.)

-MISC1-

PRIOR PROVISIONS

A prior section 295j, act July 1, 1944, ch. 373, title VII, Sec.

799A, as added Nov. 4, 1988, Pub. L. 100-607, title VI, Sec.

637(a), 102 Stat. 3149; amended Nov. 18, 1988, Pub. L. 100-690,

title II, Sec. 2615(g)[(i)], 102 Stat. 4240; Aug. 16, 1989, Pub. L.

101-93, Sec. 5(n), 103 Stat. 613, related to grants and contracts

to provide health care in rural areas, prior to the general

amendment of this subchapter by Pub. L. 102-408.

Another prior section 295j, act July 1, 1944, ch. 373, title VII,

Sec. 799A, as added Nov. 23, 1988, Pub. L. 100-713, title VII, Sec.

714, 102 Stat. 4834, relating to grants and contracts to provide

health care in rural areas, prior to repeal by Pub. L. 100-607,

title VI, Sec. 637(b), Nov. 4, 1988, 102 Stat. 3151. Subsequently,

section 637(b) of Pub. L. 100-607 was repealed by Pub. L. 101-93,

Sec. 5(n)(1), Aug. 16, 1989, 103 Stat. 613, and section 5(n)(2) of

Pub. L. 101-93 amended this subchapter to read as if the amendment

made by section 714 of Pub. L. 100-713 had not been enacted.

A prior section 791 of act July 1, 1944, was classified to

section 295h of this title prior to the general amendment of this

subchapter by Pub. L. 102-408.

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-392, Sec. 107(b)(1),

substituted "sections 293k and 294 of this title" for "sections

293k through 293o of this title, under section 294b of this title,

or under section 294d or 294e of this title" in introductory

provisions.

Subsec. (a)(2). Pub. L. 105-392, Sec. 107(b)(2), struck out

"under section 295o(a) of this title" before period at end.

Subsec. (b). Pub. L. 105-392, Sec. 106(a)(2)(B), redesignated

subsec. (c) as (b) and struck out former subsec. (b) which required

submission of certain information by applicant.

Subsec. (c). Pub. L. 105-392, Secs. 106(a)(2)(B)(ii), 107(a),

added subsec. (c) and redesignated former subsec. (c) as (b).

1992 - Subsec. (b). Pub. L. 102-531, in introductory provisions,

inserted references to sections 294d and 294e of this title and

substituted reference to section 295o(f)(2) of this title for

reference to section 293p(a) of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-531 effective immediately after

enactment of Pub. L. 102-408, see section 313(c) of Pub. L.

102-531, set out as a note under section 292y of this title.

REQUIRED ASSURANCES REGARDING BLOODBORNE DISEASES

Section 308 of Pub. L. 102-408 provided that: "With respect to

awards of grants or contracts under title VII or VIII of the Public

Health Service Act [this subchapter or subchapter VI of this

chapter], the Secretary of Health and Human Services may make such

an award for the provision of traineeships only if the applicant

for the award provides assurances satisfactory to the Secretary

that all trainees will, as appropriate, receive instruction in the

utilization of universal precautions and infection control

procedures for the prevention of the transmission of bloodborne

diseases."

-End-

-CITE-

42 USC Sec. 295k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part F - General Provisions

-HEAD-

Sec. 295k. Health professions data

-STATUTE-

(a) In general

The Secretary shall establish a program, including a uniform

health professions data reporting system, to collect, compile, and

analyze data on health professions personnel which program shall

initially include data respecting all physicians and dentists in

the States. The Secretary is authorized to expand the program to

include, whenever he determines it necessary, the collection,

compilation, and analysis of data respecting pharmacists,

optometrists, podiatrists, veterinarians, public health personnel,

audiologists, speech pathologists, health care administration

personnel, nurses, allied health personnel, medical technologists,

chiropractors, clinical psychologists, professional counselors, and

any other health personnel in States designated by the Secretary to

be included in the program. Such data shall include data respecting

the training, licensure status (including permanent, temporary,

partial, limited, or institutional), place or places of practice,

professional specialty, practice characteristics, place and date of

birth, sex, and socioeconomic background of health professions

personnel and such other demographic information regarding health

professions personnel as the Secretary may require.

(b) Certain authorities and requirements

(1) Sources of information

In carrying out subsection (a) of this section, the Secretary

shall collect available information from appropriate local,

State, and Federal agencies and other appropriate sources.

(2) Contracts for studies of health professions

The Secretary shall conduct or enter into contracts for the

conduct of analytic and descriptive studies of the health

professions, including evaluations and projections of the supply

of, and requirements for, the health professions by specialty and

geographic location. Such studies shall include studies

determining by specialty and geographic location the number of

health professionals (including allied health professionals and

health care administration personnel) who are members of minority

groups, including Hispanics, and studies providing by specialty

and geographic location evaluations and projections of the supply

of, and requirements for, health professionals (including allied

health professionals and health care administration personnel) to

serve minority groups, including Hispanics.

(3) Grants and contracts regarding States

The Secretary is authorized to make grants and to enter into

contracts with States (or an appropriate nonprofit private entity

in any State) for the purpose of participating in the program

established under subsection (a) of this section. The Secretary

shall determine the amount and scope of any such grant or

contract. To be eligible for a grant or contract under this

paragraph a State or entity shall submit an application in such

form and manner and containing such information as the Secretary

shall require. Such application shall include reasonable

assurance, satisfactory to the Secretary, that -

(A) such State (or nonprofit entity within a State) will

establish a program of mandatory annual registration of the

health professions personnel described in subsection (a) of

this section who reside or practice in such State and of health

institutions licensed by such State, which registration shall

include such information as the Secretary shall determine to be

appropriate;

(B) such State or entity shall collect such information and

report it to the Secretary in such form and manner as the

Secretary shall prescribe; and

(C) such State or entity shall comply with the requirements

of subsection (e) of this section.

(d) (!1) Reports to Congress

The Secretary shall submit to the Congress on October 1, 1993,

and biennially thereafter, the following reports:

(1) A comprehensive report regarding the status of health

personnel according to profession, including a report regarding

the analytic and descriptive studies conducted under this

section.

(2) A comprehensive report regarding applicants to, and

students enrolled in, programs and institutions for the training

of health personnel, including descriptions and analyses of

student indebtedness, student need for financial assistance,

financial resources to meet the needs of students, student career

choices such as practice specialty and geographic location and

the relationship, if any, between student indebtedness and career

choices.

(e) Requirements regarding personal data

(1) In general

The Secretary and each program entity shall in securing and

maintaining any record of individually identifiable personal data

(hereinafter in this subsection referred to as "personal data")

for purposes of this section -

(A) inform any individual who is asked to supply personal

data whether he is legally required, or may refuse, to supply

such data and inform him of any specific consequences, known to

the Secretary or program entity, as the case may be, of

providing or not providing such data;

(B) upon request, inform any individual if he is the subject

of personal data secured or maintained by the Secretary or

program entity, as the case may be, and make the data available

to him in a form comprehensible to him;

(C) assure that no use is made of personal data which use is

not within the purposes of this section unless an informed

consent has been obtained from the individual who is the

subject of such data; and

(D) upon request, inform any individual of the use being made

of personal data respecting such individual and of the identity

of the individuals and entities which will use the data and

their relationship to the programs under this section.

(2) Consent as precondition to disclosure

Any entity which maintains a record of personal data and which

receives a request from the Secretary or a program entity for

such data for purposes of this section shall not transfer any

such data to the Secretary or to a program entity unless the

individual whose personal data is to be so transferred gives an

informed consent for such transfer.

(3) Disclosure by Secretary

(A) Notwithstanding any other provision of law, personal data

collected by the Secretary or any program entity under this

section may not be made available or disclosed by the Secretary

or any program entity to any person other than the individual who

is the subject of such data unless (i) such person requires such

data for purposes of this section, or (ii) in response to a

demand for such data made by means of compulsory legal process.

Any individual who is the subject of personal data made available

or disclosed under clause (ii) shall be notified of the demand

for such data.

(B) Subject to all applicable laws regarding confidentiality,

only the data collected by the Secretary under this section which

is not personal data shall be made available to bona fide

researchers and policy analysts (including the Congress) for the

purposes of assisting in the conduct of studies respecting health

professions personnel.

(4) "Program entity" defined

For purposes of this subsection, the term "program entity"

means any public or private entity which collects, compiles, or

analyzes health professions data under a grant, contract, or

other arrangement with the Secretary under this section.

(g) (!2) Technical assistance

The Secretary shall provide technical assistance to the States

and political subdivisions thereof in the development of systems

(including model laws) concerning confidentiality and comparability

of data collected pursuant to this section.

(h) Grants and contracts regarding nonprofit entities

(1) In general

In carrying out subsection (a) of this section, the Secretary

may make grants, or enter into contracts and cooperative

agreements with, and provide technical assistance to, any

nonprofit entity in order to establish a uniform allied health

professions data reporting system to collect, compile, and

analyze data on the allied health professions personnel.

(2) Reports

With respect to reports required in subsection (d) of this

section, each such report made on or after October 1, 1991, shall

include a description and analysis of data collected pursuant to

paragraph (1).

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 792, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2058; amended

Pub. L. 105-392, title I, Sec. 106(b), Nov. 13, 1998, 112 Stat.

3559.)

-MISC1-

PRIOR PROVISIONS

A prior section 792 of act July 1, 1944, was classified to

section 295h-1b of this title prior to the general amendment of

this subchapter by Pub. L. 102-408.

Another prior section 792 of act July 1, 1944, was classified to

section 295h-1 of this title prior to repeal by Pub. L. 97-35.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-392 inserted "professional

counselors," after "clinical psychologists,".

STUDY REGARDING SHORTAGES OF LICENSED PHARMACISTS

Pub. L. 106-129, Sec. 5, Dec. 6, 1999, 113 Stat. 1675, provided

that:

"(a) In General. - The Secretary of Health and Human Services (in

this section referred to as the 'Secretary'), acting through the

appropriate agencies of the Public Health Service, shall conduct a

study to determine whether and to what extent there is a shortage

of licensed pharmacists. In carrying out the study, the Secretary

shall seek the comments of appropriate public and private entities

regarding any such shortage.

"(b) Report to Congress. - Not later than 1 year after the date

of the enactment of this Act [Dec. 6, 1999], the Secretary shall

complete the study under subsection (a) and submit to the Congress

a report that describes the findings made through the study and

that contains a summary of the comments received by the Secretary

pursuant to such subsection."

ADVISORY COUNCIL ON GRADUATE MEDICAL EDUCATION

Section 301 of Pub. L. 102-408, as amended by Pub. L. 102-531,

title III, Sec. 313(b), Oct. 27, 1992, 106 Stat. 3507; Pub. L.

105-392, title I, Sec. 104(b)(1)-(3), Nov. 13, 1998, 112 Stat.

3552, which was formerly set out as a note under this section, was

renumbered section 762 of the Public Health Service Act by Pub. L.

105-392, title I, Sec. 104(b)(4)-(6), Nov. 13, 1998, 112 Stat.

3553, and is classified to section 294o of this title.

COMMISSION ON ALLIED HEALTH

Section 302 of Pub. L. 102-408 provided for establishment of a

National Commission on Allied Health, charged with (1) making

recommendations to the Secretary of Health and Human Services and

Congress with respect to nationwide supply and distribution of

allied health personnel, current and future shortages of personnel,

priority research needs within allied health professions, Federal

policies relating to personnel and research as well as

undergraduate and graduate financing, concerted efforts on part of

allied health facilities and educational institutions to address

such matters, and needs with respect to nationwide data bases

concerning supply and distribution of allied health personnel, and

(2) encouraging entities providing allied health education to

voluntarily achieve recommendations of Commission, and further

provided for composition of Commission, date certain for

appointments to Commission, resources for Commission activities, an

interim progress report due not later than Oct. 1, 1993, a final

report due not later than Apr. 1, 1994, and termination of

Commission 60 days after submission of final report.

STUDY REGARDING SHORTAGE OF CLINICAL LABORATORY TECHNOLOGISTS FOR

MEDICALLY UNDERSERVED AND RURAL COMMUNITIES

Section 303 of Pub. L. 102-408 directed Secretary of Health and

Human Services, with respect to the shortage of clinical laboratory

technologists, to conduct a study for the purpose of determining

whether there are special or unique factors affecting the supply of

clinical laboratory technologists in medically underserved and

rural communities, and assessing alternative routes for

certification of the competence of individuals to serve as such

technologists, with consideration of the role of entities providing

such certifications, and, not later than Oct. 1, 1993, complete the

study and submit to Committee on Energy and Commerce of House of

Representatives, and to Committee on Labor and Human Resources of

Senate, a report describing the findings made as result of the

study.

NATIONAL ADVISORY COUNCIL ON MEDICAL LICENSURE

Section 307 of Pub. L. 102-408 directed Secretary of Health and

Human Services to establish National Advisory Council on Medical

Licensure to advise Secretary on American Medical Association's

system of verifying and maintaining information regarding

qualifications of individuals to practice medicine, as well as

advice regarding establishment and operation of any similar system,

provided for activities of Council, including review of private

credentials verification system and recommendations on how it could

be improved, as well as review of State procedures for licensing

individuals licensed in other States and procedures for licensing

international medical graduates, provided for composition of

Council and appointment of members, required submission of an

interim report to Congress not later than Sept. 30, 1993, and a

final report with recommendations not later than Sept. 30, 1995,

provided for termination of Council not later than Sept. 30, 1995,

or upon submission of final report, whichever is earlier, and

further directed Secretary, in cooperation with Council to submit

to Congress, not later than Sept. 30, 1994, study of not less than

10 States for purposes of determining average time required for

States to process licensure applications of domestic and

international medical graduates as well as percentages of domestic

and international licensure applications approved.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 294n, 294o of this title.

-FOOTNOTE-

(!1) So in original. No subsec. (c) has been enacted.

(!2) So in original. No subsec. (f) has been enacted.

-End-

-CITE-

42 USC Sec. 295l 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part F - General Provisions

-HEAD-

Sec. 295l. Repealed. Pub. L. 105-392, title I, Sec. 106(a)(2)(C),

Nov. 13, 1998, 112 Stat. 3557

-MISC1-

Section, act July 1, 1944, ch. 373, title VII, Sec. 793, as added

Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2061;

amended Pub. L. 102-531, title III, Sec. 313(a)(6), Oct. 27, 1992,

106 Stat. 3507, required development, publication, dissemination,

and biennial report to Congress on statistics respecting public and

community health personnel.

A prior section 793 of act July 1, 1944, was classified to

section 295h-1c of this title prior to the general amendment of

this subchapter by Pub. L. 102-408.

Another prior section 793 of act July 1, 1944, was renumbered

section 794 by Pub. L. 97-35 and classified to section 295h-2 of

this title.

-End-

-CITE-

42 USC Sec. 295m 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part F - General Provisions

-HEAD-

Sec. 295m. Prohibition against discrimination on basis of sex

-STATUTE-

The Secretary may not make a grant, loan guarantee, or interest

subsidy payment under this subchapter to, or for the benefit of,

any school of medicine, osteopathic medicine, dentistry, veterinary

medicine, optometry, pharmacy, podiatric medicine, or public health

or any training center for allied health personnel, or graduate

program in clinical psychology, unless the application for the

grant, loan guarantee, or interest subsidy payment contains

assurances satisfactory to the Secretary that the school or

training center will not discriminate on the basis of sex in the

admission of individuals to its training programs. The Secretary

may not enter into a contract under this subchapter with any such

school or training center unless the school, training center, or

graduate program furnishes assurances satisfactory to the Secretary

that it will not discriminate on the basis of sex in the admission

of individuals to its training programs. In the case of a school of

medicine which -

(1) on October 13, 1992, is in the process of changing its

status as an institution which admits only female students to

that of an institution which admits students without regard to

their sex, and

(2) is carrying out such change in accordance with a plan

approved by the Secretary,

the provisions of the preceding sentences of this section shall

apply only with respect to a grant, contract, loan guarantee, or

interest subsidy to, or for the benefit of such a school for a

fiscal year beginning after June 30, 1979.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 794, as added Pub. L.

102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2063.)

-MISC1-

PRIOR PROVISIONS

A prior section 794 of act July 1, 1944, was classified to

section 295h-2 of this title prior to the general amendment of this

subchapter by Pub. L. 102-408.

Another prior section 794 of act July 1, 1944, was classified to

section 294h-3 of this title prior to repeal by Pub. L. 91-519.

-End-

-CITE-

42 USC Sec. 295n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part F - General Provisions

-HEAD-

Sec. 295n. Repealed. Pub. L. 105-392, title I, Sec. 101(b)(1), Nov.

13, 1998, 112 Stat. 3537

-MISC1-

Section, act July 1, 1944, ch. 373, title VII, Sec. 795, as added

Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2063;

amended Pub. L. 102-531, title III, Sec. 313(a)(7), Oct. 27, 1992,

106 Stat. 3507, related to obligated service regarding certain

programs.

A prior section 795 of act July 1, 1944, was classified to

section 295h-4 of this title prior to the general amendment of this

subchapter by Pub. L. 102-408.

Another prior section 795 of act July 1, 1944, was classified to

section 295h-4 of this title prior to the general amendment of part

G of this subchapter by Pub. L. 94-484.

SAVINGS PROVISION

Pub. L. 105-392, title I, Sec. 101(b)(2), Nov. 13, 1998, 112

Stat. 3537, provided that: "The amendments made by this section

[enacting sections 293 to 293d of this title, amending section

287a-2 of this title, and repealing this section and former

sections 293 to 293d of this title] shall not be construed to

terminate agreements that, on the day before the date of enactment

of this Act [Nov. 13, 1998], are in effect pursuant to section 795

of the Public Health Service Act (42 U.S.C. 795 [295n]) as such

section existed on such date. Such agreements shall continue in

effect in accordance with the terms of the agreements. With respect

to compliance with such agreements, any period of practice as a

provider of primary health services shall be counted towards the

satisfaction of the requirement of practice pursuant to such

section 795."

-End-

-CITE-

42 USC Sec. 295n-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part F - General Provisions

-HEAD-

Sec. 295n-1. Application

-STATUTE-

(a) In general

To be eligible to receive a grant or contract under this

subchapter, an eligible entity shall prepare and submit to the

Secretary an application that meets the requirements of this

section, at such time, in such manner, and containing such

information as the Secretary may require.

(b) Plan

An application submitted under this section shall contain the

plan of the applicant for carrying out a project with amounts

received under this subchapter. Such plan shall be consistent with

relevant Federal, State, or regional health professions program

plans.

(c) Performance outcome standards

An application submitted under this section shall contain a

specification by the applicant entity of performance outcome

standards that the project to be funded under the grant or contract

will be measured against. Such standards shall address relevant

health workforce needs that the project will meet. The recipient of

a grant or contract under this section shall meet the standards set

forth in the grant or contract application.

(d) Linkages

An application submitted under this section shall contain a

description of the linkages with relevant educational and health

care entities, including training programs for other health

professionals as appropriate, that the project to be funded under

the grant or contract will establish. To the extent practicable,

grantees under this section shall establish linkages with health

care providers who provide care for underserved communities and

populations.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 796, as added Pub. L.

105-392, title I, Sec. 106(a)(2)(F), Nov. 13, 1998, 112 Stat.

3557.)

-End-

-CITE-

42 USC Sec. 295n-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part F - General Provisions

-HEAD-

Sec. 295n-2. Use of funds

-STATUTE-

(a) In general

Amounts provided under a grant or contract awarded under this

subchapter may be used for training program development and

support, faculty development, model demonstrations, trainee support

including tuition, books, program fees and reasonable living

expenses during the period of training, technical assistance,

workforce analysis, dissemination of information, and exploring new

policy directions, as appropriate to meet recognized health

workforce objectives, in accordance with this subchapter.

(b) Maintenance of effort

With respect to activities for which a grant awarded under this

subchapter is to be expended, the entity shall agree to maintain

expenditures of non-Federal amounts for such activities at a level

that is not less than the level of such expenditures maintained by

the entity for the fiscal year preceding the fiscal year for which

the entity receives such a grant.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 797, as added Pub. L.

105-392, title I, Sec. 106(a)(2)(F), Nov. 13, 1998, 112 Stat.

3557.)

-End-

-CITE-

42 USC Sec. 295o 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part F - General Provisions

-HEAD-

Sec. 295o. Matching requirement

-STATUTE-

The Secretary may require that an entity that applies for a grant

or contract under this subchapter provide non-Federal matching

funds, as appropriate, to ensure the institutional commitment of

the entity to the projects funded under the grant. As determined by

the Secretary, such non-Federal matching funds may be provided

directly or through donations from public or private entities and

may be in cash or in-kind, fairly evaluated, including plant,

equipment, or services.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 798, as added Pub. L.

105-392, title I, Sec. 106(a)(2)(F), Nov. 13, 1998, 112 Stat.

3558.)

-MISC1-

PRIOR PROVISIONS

A prior section 295o, act July 1, 1944, ch. 373, title VII, Sec.

798, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992,

106 Stat. 2064; amended Pub. L. 102-531, title III, Sec. 313(a)(8),

Oct. 27, 1992, 106 Stat. 3507, set forth certain general provisions

relating to this subchapter, prior to repeal by Pub. L. 105-392,

title I, Sec. 106(a)(2)(D), Nov. 13, 1998, 112 Stat. 3557.

A prior section 798 of act July 1, 1944, was classified to

section 295h-7 of this title prior to the general amendment of this

subchapter by Pub. L. 102-408.

Another prior section 798 of act July 1, 1944, was classified to

section 295h-7 of this title prior to the general amendment of part

G of this subchapter by Pub. L. 94-484.

-End-

-CITE-

42 USC Sec. 295o-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part F - General Provisions

-HEAD-

Sec. 295o-1. Generally applicable provisions

-STATUTE-

(a) Awarding of grants and contracts

The Secretary shall ensure that grants and contracts under this

subchapter are awarded on a competitive basis, as appropriate, to

carry out innovative demonstration projects or provide for

strategic workforce supplementation activities as needed to meet

health workforce goals and in accordance with this subchapter.

Contracts may be entered into under this subchapter with public or

private entities as may be necessary.

(b) Eligible entities

Unless specifically required otherwise in this subchapter, the

Secretary shall accept applications for grants or contracts under

this subchapter from health professions schools, academic health

centers, State or local governments, or other appropriate public or

private nonprofit entities for funding and participation in health

professions and nursing training activities. The Secretary may

accept applications from for-profit private entities if determined

appropriate by the Secretary.

(c) Information requirements

(1) In general

Recipients of grants and contracts under this subchapter shall

meet information requirements as specified by the Secretary.

(2) Data collection

The Secretary shall establish procedures to ensure that, with

respect to any data collection required under this subchapter,

such data is collected in a manner that takes into account age,

sex, race, and ethnicity.

(3) Use of funds

The Secretary shall establish procedures to permit the use of

amounts appropriated under this subchapter to be used for data

collection purposes.

(4) Evaluations

The Secretary shall establish procedures to ensure the annual

evaluation of programs and projects operated by recipients of

grants or contracts under this subchapter. Such procedures shall

ensure that continued funding for such programs and projects will

be conditioned upon a demonstration that satisfactory progress

has been made by the program or project in meeting the objectives

of the program or project.

(d) Training programs

Training programs conducted with amounts received under this

subchapter shall meet applicable accreditation and quality

standards.

(e) Duration of assistance

(1) In general

Subject to paragraph (2), in the case of an award to an entity

of a grant, cooperative agreement, or contract under this

subchapter, the period during which payments are made to the

entity under the award may not exceed 5 years. The provision of

payments under the award shall be subject to annual approval by

the Secretary of the payments and subject to the availability of

appropriations for the fiscal year involved to make the payments.

This paragraph may not be construed as limiting the number of

awards under the program involved that may be made to the entity.

(2) Limitation

In the case of an award to an entity of a grant, cooperative

agreement, or contract under this subchapter, paragraph (1) shall

apply only to the extent not inconsistent with any other

provision of this subchapter that relates to the period during

which payments may be made under the award.

(f) Peer review regarding certain programs

(1) In general

Each application for a grant under this subchapter, except any

scholarship or loan program, including those under sections (!1)

292, 292q, or 292s of this title, shall be submitted to a peer

review group for an evaluation of the merits of the proposals

made in the application. The Secretary may not approve such an

application unless a peer review group has recommended the

application for approval.

(2) Composition

Each peer review group under this subsection shall be composed

principally of individuals who are not officers or employees of

the Federal Government. In providing for the establishment of

peer review groups and procedures, the Secretary shall ensure

sex, racial, ethnic, and geographic balance among the membership

of such groups.

(3) Administration

This subsection shall be carried out by the Secretary acting

through the Administrator of the Health Resources and Services

Administration.

(g) Preference or priority considerations

In considering a preference or priority for funding which is

based on outcome measures for an eligible entity under this

subchapter, the Secretary may also consider the future ability of

the eligible entity to meet the outcome preference or priority

through improvements in the eligible entity's program design.

(h) Analytic activities

The Secretary shall ensure that -

(1) cross-cutting workforce analytical activities are carried

out as part of the workforce information and analysis activities

under section 294n of this title; and

(2) discipline-specific workforce information and analytical

activities are carried out as part of -

(A) the community-based linkage program under part D of this

subchapter; and

(B) the health workforce development program under subpart 2

of part E of this subchapter.

(i) Osteopathic Schools

For purposes of this subchapter, any reference to -

(1) medical schools shall include osteopathic medical schools;

and

(2) medical students shall include osteopathic medical

students.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 799, as added Pub. L.

105-392, title I, Sec. 106(a)(2)(F), Nov. 13, 1998, 112 Stat.

3558.)

-MISC1-

PRIOR PROVISIONS

A prior section 799 of act July 1, 1944, was renumbered section

799B by Pub. L. 105-392 and classified to section 295p of this

title.

Another prior section 799 of act July 1, 1944, was classified to

section 295i of this title prior to the general amendment of this

subchapter by Pub. L. 102-408.

-FOOTNOTE-

(!1) So in original. Probably should be "section".

-End-

-CITE-

42 USC Sec. 295o-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part F - General Provisions

-HEAD-

Sec. 295o-2. Technical assistance

-STATUTE-

Funds appropriated under this subchapter may be used by the

Secretary to provide technical assistance in relation to any of the

authorities under this subchapter.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 799A, as added Pub. L.

105-392, title I, Sec. 106(a)(2)(F), Nov. 13, 1998, 112 Stat.

3559.)

-End-

-CITE-

42 USC Sec. 295p 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

Part F - General Provisions

-HEAD-

Sec. 295p. Definitions

-STATUTE-

For purposes of this subchapter:

(1)(A) The terms "school of medicine", "school of dentistry",

"school of osteopathic medicine", "school of pharmacy", "school

of optometry", "school of podiatric medicine", "school of

veterinary medicine", "school of public health", and "school of

chiropractic" mean an accredited public or nonprofit private

school in a State that provides training leading, respectively,

to a degree of doctor of medicine, a degree of doctor of

dentistry or an equivalent degree, a degree of doctor of

osteopathy, a degree of bachelor of science in pharmacy or an

equivalent degree or a degree of doctor of pharmacy or an

equivalent degree, a degree of doctor of optometry or an

equivalent degree, a degree of doctor of podiatric medicine or an

equivalent degree, a degree of doctor of veterinary medicine or

an equivalent degree, a graduate degree in public health or an

equivalent degree, and a degree of doctor of chiropractic or an

equivalent degree, and including advanced training related to

such training provided by any such school.

(B) The terms "graduate program in health administration" and

"graduate program in clinical psychology" mean an accredited

graduate program in a public or nonprofit private institution in

a State that provides training leading, respectively, to a

graduate degree in health administration or an equivalent degree

and a doctoral degree in clinical psychology or an equivalent

degree.

(C) The terms "graduate program in clinical social work" and

"graduate program in marriage and family therapy" and "graduate

program in professional counseling" mean an accredited graduate

program in a public or nonprofit private institution in a State

that provides training, respectively, in a concentration in

health or mental health care leading to a graduate degree in

social work and a concentration leading to a graduate degree in

marriage and family therapy and a concentration leading to a

graduate degree in counseling.

(D) The term "graduate program in behavioral health and mental

health practice" means a graduate program in clinical psychology,

behavioral health and mental health practice, clinical social

work, professional counseling, or marriage and family therapy.

(E) The term "accredited", when applied to a school of

medicine, osteopathic medicine, dentistry, veterinary medicine,

optometry, podiatry, pharmacy, public health, or chiropractic, or

a graduate program in health administration, clinical psychology,

clinical social work, professional counseling, or marriage and

family therapy, means a school or program that is accredited by a

recognized body or bodies approved for such purpose by the

Secretary of Education, except that a new school or program that,

by reason of an insufficient period of operation, is not, at the

time of application for a grant or contract under this

subchapter, eligible for accreditation by such a recognized body

or bodies, shall be deemed accredited for purposes of this

subchapter, if the Secretary of Education finds, after

consultation with the appropriate accreditation body or bodies,

that there is reasonable assurance that the school or program

will meet the accreditation standards of such body or bodies

prior to the beginning of the academic year following the normal

graduation date of the first entering class in such school or

program.

(2) The term "teaching facilities" means areas dedicated for

use by students, faculty, or administrative or maintenance

personnel for clinical purposes, research activities, libraries,

classrooms, offices, auditoriums, dining areas, student

activities, or other related purposes necessary for, and

appropriate to, the conduct of comprehensive programs of

education. Such term includes interim facilities but does not

include off-site improvements or living quarters.

(3) The term "program for the training of physician assistants"

means an educational program that -

(A) has as its objective the education of individuals who

will, upon completion of their studies in the program, be

qualified to provide primary care under the supervision of a

physician;

(B) extends for at least one academic year and consists of -

(i) supervised clinical practice; and

(ii) at least four months (in the aggregate) of classroom

instruction, directed toward preparing students to deliver

health care;

(C) has an enrollment of not less than eight students; and

(D) trains students in primary care, disease prevention,

health promotion, geriatric medicine, and home health care.

(4) The term "school of allied health" means a public or

nonprofit private college, junior college, or university or

hospital-based educational entity that -

(A) provides, or can provide, programs of education to enable

individuals to become allied health professionals or to provide

additional training for allied health professionals;

(B) provides training for not less than a total of twenty

persons in the allied health curricula (except that this

subparagraph shall not apply to any hospital-based educational

entity);

(C) includes or is affiliated with a teaching hospital; and

(D) is accredited by a recognized body or bodies approved for

such purposes by the Secretary of Education, or which provides

to the Secretary satisfactory assurance by such accrediting

body or bodies that reasonable progress is being made toward

accreditation.

(5) The term "allied health professionals" means a health

professional (other than a registered nurse or physician

assistant) -

(A) who has received a certificate, an associate's degree, a

bachelor's degree, a master's degree, a doctoral degree, or

postbaccalaureate training, in a science relating to health

care;

(B) who shares in the responsibility for the delivery of

health care services or related services, including -

(i) services relating to the identification, evaluation,

and prevention of disease and disorders;

(ii) dietary and nutrition services;

(iii) health promotion services;

(iv) rehabilitation services; or

(v) health systems management services; and

(C) who has not received a degree of doctor of medicine, a

degree of doctor of osteopathy, a degree of doctor of dentistry

or an equivalent degree, a degree of doctor of veterinary

medicine or an equivalent degree, a degree of doctor of

optometry or an equivalent degree, a degree of doctor of

podiatric medicine or an equivalent degree, a degree of

bachelor of science in pharmacy or an equivalent degree, a

degree of doctor of pharmacy or an equivalent degree, a

graduate degree in public health or an equivalent degree, a

degree of doctor of chiropractic or an equivalent degree, a

graduate degree in health administration or an equivalent

degree, a doctoral degree in clinical psychology or an

equivalent degree, or a degree in social work or an equivalent

degree or a degree in counseling or an equivalent degree.

(6) The term "medically underserved community" means an urban

or rural area or population that -

(A) is eligible for designation under section 254e of this

title as a health professional shortage area;

(B) is eligible to be served by a migrant health center under

section 254b (!1) of this title, a community health center

under section 254c (!1) of this title, a grantee under section

254b(h) of this title (relating to homeless individuals), or a

grantee under section 256a (!1) of this title (relating to

residents of public housing);

(C) has a shortage of personal health services, as determined

under criteria issued by the Secretary under section

1395x(aa)(2) of this title (relating to rural health clinics);

or

(D) is designated by a State Governor (in consultation with

the medical community) as a shortage area or medically

underserved community.

(7) The term "Department" means the Department of Health and

Human Services.

(8) The term "nonprofit" refers to the status of an entity

owned and operated by one or more corporations or associations no

part of the net earnings of which inures, or may lawfully inure,

to the benefit of any private shareholder or individual.

(9) The term "State" includes, in addition to the several

States, only the District of Columbia, the Commonwealth of Puerto

Rico, the Commonwealth of the Northern Mariana Islands, the

Virgin Islands, Guam, American Samoa, and the Trust Territory of

the Pacific Islands.

(10)(A) Subject to subparagraph (B), the term "underrepresented

minorities" means, with respect to a health profession, racial

and ethnic populations that are underrepresented in the health

profession relative to the number of individuals who are members

of the population involved.

(B) For purposes of subparagraph (A), Asian individuals shall

be considered by the various subpopulations of such individuals.

(11) The term "psychologist" means an individual who -

(A) holds a doctoral degree in psychology; and

(B) is licensed or certified on the basis of the doctoral

degree in psychology, by the State in which the individual

practices, at the independent practice level of psychology to

furnish diagnostic, assessment, preventive, and therapeutic

services directly to individuals.

-SOURCE-

(July 1, 1944, ch. 373, title VII, Sec. 799B, formerly Sec. 799, as

added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat.

2066; renumbered Sec. 799B and amended Pub. L. 105-392, title I,

Secs. 106(a)(2)(E), 108, Nov. 13, 1998, 112 Stat. 3557, 3560; Pub.

L. 107-251, title VI, Sec. 601(a), Oct. 26, 2002, 116 Stat. 1664.)

-REFTEXT-

REFERENCES IN TEXT

The reference to section 254b of this title the first place

appearing and the reference to section 254c of this title, referred

to in par. (6)(B), were in the original references to sections 329

and 330, meaning sections 329 and 330 of act July 1, 1944, which

were omitted in the general amendment of subpart I (Sec. 254b et

seq.) of part D of subchapter II of this chapter by Pub. L.

104-299, Sec. 2, Oct. 11, 1996, 110 Stat. 3626. Sections 2 and 3(a)

of Pub. L. 104-299 enacted new sections 330 and 330A of act July 1,

1944, which are classified, respectively, to sections 254b and 254c

of this title.

Section 256a of this title, referred to in par. (6)(B), was

repealed by Pub. L. 104-299, Sec. 4(a)(3), Oct. 11, 1996, 110 Stat.

3645.

-MISC1-

AMENDMENTS

2002 - Par. (6)(B). Pub. L. 107-251 substituted "254b(h)" for

"256".

1998 - Par. (1)(C). Pub. L. 105-392, Sec. 108(b)(1)(A), inserted

"and 'graduate program in professional counseling' " before "mean

an" and "and a concentration leading to a graduate degree in

counseling" before period at end.

Par. (1)(D). Pub. L. 105-392, Sec. 108(a), (b)(1)(B), inserted

"behavioral health and" before "mental", "behavioral health and

mental health practice," before "clinical", and "professional

counseling," after "social work,".

Par. (1)(E). Pub. L. 105-392, Sec. 108(b)(1)(C), inserted

"professional counseling," after "social work,".

Par. (3). Pub. L. 105-392, Sec. 108(d), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "The term

'program for the training of physician assistants' means an

educational program that -

"(A) has as its objective the education of individuals who

will, upon completion of their studies in the program, be

qualified to provide primary health care under the supervision of

a physician; and

"(B) meets regulations prescribed by the Secretary in

accordance with section 293n(b) of this title."

Par. (5)(C). Pub. L. 105-392, Sec. 108(b)(2), inserted "or a

degree in counseling or an equivalent degree" before period at end.

Par. (6)(D). Pub. L. 105-392, Sec. 108(c), added subpar. (D).

Par. (11). Pub. L. 105-392, Sec. 108(e), added par. (11).

REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH

CENTER CONSIDERED REFERENCE TO HEALTH CENTER

Reference to community health center, migrant health center,

public housing health center, or homeless health center considered

reference to health center, see section 4(c) of Pub. L. 104-299,

set out as a note under section 254b of this title.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 247d-7a, 254c, 254c-5,

254c-14, 292o, 293, 293k, 293n, 294c of this title.

-FOOTNOTE-

(!1) See References in Text notes below.

-End-

-CITE-

42 USC SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

-HEAD-

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-392, title I, Sec. 123(1), Nov. 13, 1998, 112

Stat. 3562, added subchapter VI heading and struck out former

subchapter VI heading "NURSE EDUCATION".

1985 - Pub. L. 99-92, Sec. 9(b)(3), Aug. 16, 1985, 99 Stat. 400,

substituted "NURSE EDUCATION" for "NURSE TRAINING" in subchapter VI

heading.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 235, 300l-2, 12604 of

this title; title 8 section 1613; title 38 section 8201.

-End-

-CITE-

42 USC Part A - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part A - General Provisions

-HEAD-

PART A - GENERAL PROVISIONS

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-392, title I, Sec. 123(4), Nov. 13, 1998, 112

Stat. 3563, added part A heading and struck out former part A

heading "Special Projects".

1985 - Pub. L. 99-92, Sec. 9(b)(1), (2), Aug. 16, 1985, 99 Stat.

400, substituted "Special Projects" for "Assistance for Expansion

and Improvement of Nurse Training" as part A heading, and struck

out headings for subparts I, II, III, and IV of part A which read

as follows: "Subpart I - Construction Assistance", "Subpart II -

Capitation Grants", "Subpart III - Financial Distress Grants", and

"Subpart IV - Special Projects".

-End-

-CITE-

42 USC Sec. 296 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part A - General Provisions

-HEAD-

Sec. 296. Definitions

-STATUTE-

As used in this subchapter:

(1) Eligible entities

The term "eligible entities" means schools of nursing, nursing

centers, academic health centers, State or local governments, and

other public or private nonprofit entities determined appropriate

by the Secretary that submit to the Secretary an application in

accordance with section 296a of this title.

(2) School of nursing

The term "school of nursing" means a collegiate, associate

degree, or diploma school of nursing in a State.

(3) Collegiate school of nursing

The term "collegiate school of nursing" means a department,

division, or other administrative unit in a college or university

which provides primarily or exclusively a program of education in

professional nursing and related subjects leading to the degree

of bachelor of arts, bachelor of science, bachelor of nursing, or

to an equivalent degree, or to a graduate degree in nursing, or

to an equivalent degree, and including advanced training related

to such program of education provided by such school, but only if

such program, or such unit, college or university is accredited.

(4) Associate degree school of nursing

The term "associate degree school of nursing" means a

department, division, or other administrative unit in a junior

college, community college, college, or university which provides

primarily or exclusively a two-year program of education in

professional nursing and allied subjects leading to an associate

degree in nursing or to an equivalent degree, but only if such

program, or such unit, college, or university is accredited.

(5) Diploma school of nursing

The term "diploma school of nursing" means a school affiliated

with a hospital or university, or an independent school, which

provides primarily or exclusively a program of education in

professional nursing and allied subjects leading to a diploma or

to equivalent indicia that such program has been satisfactorily

completed, but only if such program, or such affiliated school or

such hospital or university or such independent school is

accredited.

(6) Accredited

(A) In general

Except as provided in subparagraph (B), the term "accredited"

when applied to any program of nurse education means a program

accredited by a recognized body or bodies, or by a State

agency, approved for such purpose by the Secretary of Education

and when applied to a hospital, school, college, or university

(or a unit thereof) means a hospital, school, college, or

university (or a unit thereof) which is accredited by a

recognized body or bodies, or by a State agency, approved for

such purpose by the Secretary of Education. For the purpose of

this paragraph, the Secretary of Education shall publish a list

of recognized accrediting bodies, and of State agencies, which

the Secretary of Education determines to be reliable authority

as to the quality of education offered.

(B) New programs

A new program of nursing that, by reason of an insufficient

period of operation, is not, at the time of the submission of

an application for a grant or contract under this subchapter,

eligible for accreditation by such a recognized body or bodies

or State agency, shall be deemed accredited for purposes of

this subchapter if the Secretary of Education finds, after

consultation with the appropriate accreditation body or bodies,

that there is reasonable assurance that the program will meet

the accreditation standards of such body or bodies prior to the

beginning of the academic year following the normal graduation

date of students of the first entering class in such a program.

(7) Nonprofit

The term "nonprofit" as applied to any school, agency,

organization, or institution means one which is a corporation or

association, or is owned and operated by one or more corporations

or associations, no part of the net earnings of which inures, or

may lawfully inure, to the benefit of any private shareholder or

individual.

(8) State

The term "State" means a State, the Commonwealth of Puerto

Rico, the District of Columbia, the Commonwealth of the Northern

Mariana Islands, Guam, American Samoa, the Virgin Islands, or the

Trust Territory of the Pacific Islands.

(9) Ambulatory surgical center

The term "ambulatory surgical center" has the meaning

applicable to such term under title XVIII of the Social Security

Act [42 U.S.C. 1395 et seq.].

(10) Federally qualified health center

The term "Federally qualified health center" has the meaning

given such term under section 1861(aa)(4) of the Social Security

Act [42 U.S.C. 1395x(aa)(4)].

(11) Health care facility

The term "health care facility" means an Indian Health Service

health center, a Native Hawaiian health center, a hospital, a

Federally qualified health center, a rural health clinic, a

nursing home, a home health agency, a hospice program, a public

health clinic, a State or local department of public health, a

skilled nursing facility, an ambulatory surgical center, or any

other facility designated by the Secretary.

(12) Home health agency

The term "home health agency" has the meaning given such term

in section 1861(o) of the Social Security Act [42 U.S.C.

1395x(o)].

(13) Hospice program

The term "hospice program" has the meaning given such term in

section 1861(dd)(2) of the Social Security Act [42 U.S.C.

1395x(dd)(2)].

(14) Rural health clinic

The term "rural health clinic" has the meaning given such term

in section 1861(aa)(2) of the Social Security Act [42 U.S.C.

1395x(aa)(2)].

(15) Skilled nursing facility

The term "skilled nursing facility" has the meaning given such

term in section 1819(a) of the Social Security Act [42 U.S.C.

1395i-3(a)].

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 801, as added Pub. L.

105-392, title I, Sec. 123(4), Nov. 13, 1998, 112 Stat. 3562;

amended Pub. L. 107-205, title I, Sec. 101, Aug. 1, 2002, 116 Stat.

811.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in par. (9), is act Aug. 14,

1935, ch. 531, 49 Stat. 620, as amended. Title XVIII of the Act is

classified generally to subchapter XVIII (Sec. 1395 et seq.) of

chapter 7 of this title. For complete classification of this Act to

the Code, see section 1305 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 296, act July 1, 1944, ch. 373, title VIII, Sec.

801 as added Sept. 4, 1964, Pub. L. 88-581, Sec. 2, 78 Stat. 908;

amended Nov. 3, 1966, Pub. L. 89-751, Sec. 8(a), 80 Stat. 1236;

Aug. 16, 1968, Pub. L. 90-490, title II, Sec. 201(a), 82 Stat. 780;

Nov. 18, 1971, Pub. L. 92-158, Sec. 2(a), 85 Stat. 465; July 29,

1975, Pub. L. 94-63, title IX, Secs. 902(a), 910(a)(1), 89 Stat.

354, 355; Sept. 29, 1979, Pub. L. 96-76, title I, Sec. 102, 93

Stat. 579, authorized appropriations for construction grants, prior

to repeal by Pub. L. 99-92, Secs. 9(a)(1), 10(a), Aug. 16, 1985, 99

Stat. 400, 402, effective Oct. 1, 1985.

AMENDMENTS

2002 - Pars. (9) to (15). Pub. L. 107-205 added pars. (9) to

(15).

SAVINGS PROVISION

Pub. L. 105-392, title I, Sec. 124, Nov. 13, 1998, 112 Stat.

3574, provided that: "In the case of any authority for making

awards of grants or contracts that is terminated by the amendment

made by section 123 [enacting sections 296, 296a to 296f, 296j,

296m, 296p, 297q, and 297t of this title, transferring section

298b-2 of this title to section 296g of this title, and repealing

sections 296k to 296m, 296r, 297, 297-1, 297c, 298, 298a, 298b,

298b-1, 298b-3 to 298b-5, and 298b-7 of this title], the Secretary

of Health and Human Services may, notwithstanding the termination

of the authority, continue in effect any grant or contract made

under the authority that is in effect on the day before the date of

the enactment of this Act [Nov. 13, 1998], subject to the duration

of any such grant or contract not exceeding the period determined

by the Secretary in first approving such financial assistance, or

in approving the most recent request made (before the date of such

enactment) for continuation of such assistance, as the case may

be."

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC2-

REPORTS BY GENERAL ACCOUNTING OFFICE

Pub. L. 107-205, title II, Sec. 204, Aug. 1, 2002, 116 Stat. 818,

provided that:

"(a) National Variations. - Not later than 4 years after the date

of the enactment of this Act [Aug. 1, 2002], the Comptroller

General of the United States shall conduct a survey to determine

national variations in the nursing shortage at hospitals, nursing

homes, and other health care providers, and submit a report,

including recommendations, to the Congress on Federal remedies to

ease nursing shortages. The Comptroller General shall submit to the

Congress this report describing the findings relating to ownership

status and associated remedies.

"(b) Hiring Differences Among Certain Private Entities. - The

Comptroller General of the United States shall conduct a study to

determine differences in the hiring of nurses by nonprofit private

entities as compared to the hiring of nurses by private entities

that are not nonprofit. In carrying out the study, the Comptroller

General shall determine the effect of the inclusion of private

entities that are not nonprofit in the program under section 846 of

the Public Health Service Act [section 297n of this title]. Not

later than 4 years after the date of the enactment of this Act

[Aug. 1, 2002], the Comptroller General shall submit to the

Congress a report describing the findings of the study.

"(c) Nursing Scholarships. - The Comptroller General of the

United States shall conduct an evaluation of whether the program

carried out under section 846(d) of the Public Health Service Act

[section 297n(d) of this title] has demonstrably increased the

number of applicants to schools of nursing and, not later than 4

years after the date of the enactment of this Act [Aug. 1, 2002],

submit a report to the Congress on the results of such evaluation."

PURPOSE

Pub. L. 105-392, title I, Sec. 122, Nov. 13, 1998, 112 Stat.

3562, provided that: "It is the purpose of this subtitle [subtitle

B (Secs. 121-124) of title I of Pub. L. 105-392, see Short Title of

1998 Amendment note set out under section 201 of this title] to

restructure the nurse education authorities of title VIII of the

Public Health Service Act [this subchapter] to permit a

comprehensive, flexible, and effective approach to Federal support

for nursing workforce development."

INFORMATION RESPECTING SUPPLY AND DISTRIBUTION OF AND REQUIREMENTS

FOR NURSES; DETERMINATION PROCEDURES; SURVEYS AND COLLECTION OF

DATES; ANNUAL REPORT TO CONGRESS ON DETERMINATIONS, ETC.; REVIEW BY

OFFICE OF MANAGEMENT AND BUDGET OF REPORT PRIOR TO SUBMISSION

Section 951 of Pub. L. 94-63, as amended by Pub. L. 95-623, Sec.

12(h), Nov. 9, 1978, 92 Stat. 3457, provided that:

"(a)(1) Using procedures developed in accordance with paragraph

(3), the Secretary of Health, Education, and Welfare [now Health

and Human Services] (hereinafter in this section referred to as the

'Secretary') shall determine on a continuing basis -

"(A) the supply (both current and projected and within the

United States and within each State) of registered nurses,

licensed practical and vocational nurses, nurse's aides,

registered nurses with advanced training or graduate degrees, and

nurse practitioners;

"(B) the distribution within the United States and within each

State, of such nurses so as to determine (i) those areas of the

United States which are oversupplied or undersupplied, or which

have an adequate supply of such nurses in relation to the

population of the area, and (ii) the demand for the services

which such nurses provide; and

"(C) the current and future requirements for such nurses,

nationally and within each State.

"(2) The Secretary shall survey and gather data, on a continuing

basis, on -

"(A) the number and distribution of nurses, by type of

employment and location of practice;

"(B) the number of nurses who are practicing full time and

those who are employed part time, within the United States and

within each State;

"(C) the average rates of compensation for nurses, by type of

practice and location of practice;

"(D) the activity status of the total number of registered

nurses within the United States and within each State;

"(E) the number of nurses with advanced training or graduate

degrees in nursing, by specialty, including nurse practitioners,

nurse clinicians, nurse researchers, nurse educators, and nurse

supervisors and administrators; and

"(F) the number of registered nurses entering the United States

annually from other nations, by country of nurse training and by

immigrant status.

"(3) Within six months of the date of the enactment of this Act

[July 29, 1975], the Secretary shall develop procedures for

determining (on both a current and projected basis) the supply and

distribution of and requirements for nurses within the United

States and within each State.

"(b) Not later than October 1, 1979, and October 1 of each

odd-numbered year thereafter, the Secretary shall report to the

Congress -

"(1) his determinations under subsection (a)(1) and the data

gathered under subsection (a)(2);

"(2) an analysis of such determination and data; and

"(3) recommendations for such legislation as the Secretary

determines, based on such determinations and data, will achieve

(A) an equitable distribution of nurses within the United States

and within each State, and (B) adequate supplies of nurses within

the United States and within each State.

"(c) The Office of Management and Budget may review the

Secretary's report under subsection (b) before its submission to

the Congress, but the Office may not revise the report or delay its

submission, and it may submit to the Congress its comments (and

those of other departments or agencies of the Government)

respecting such report."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 293a, 293b, 294c of this

title.

-End-

-CITE-

42 USC Sec. 296a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part A - General Provisions

-HEAD-

Sec. 296a. Application

-STATUTE-

(a) In general

To be eligible to receive a grant or contract under this

subchapter, an eligible entity shall prepare and submit to the

Secretary an application that meets the requirements of this

section, at such time, in such manner, and containing such

information as the Secretary may require.

(b) Plan

An application submitted under this section shall contain the

plan of the applicant for carrying out a project with amounts

received under this subchapter. Such plan shall be consistent with

relevant Federal, State, or regional program plans.

(c) Performance outcome standards

An application submitted under this section shall contain a

specification by the applicant entity of performance outcome

standards that the project to be funded under the grant or contract

will be measured against. Such standards shall address relevant

national nursing needs that the project will meet. The recipient of

a grant or contract under this section shall meet the standards set

forth in the grant or contract application.

(d) Linkages

An application submitted under this section shall contain a

description of the linkages with relevant educational and health

care entities, including training programs for other health

professionals as appropriate, that the project to be funded under

the grant or contract will establish.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 802, as added Pub. L.

105-392, title I, Sec. 123(4), Nov. 13, 1998, 112 Stat. 3564.)

-MISC1-

PRIOR PROVISIONS

A prior section 296a, act July 1, 1944, ch. 373, title VIII, Sec.

802, as added Sept. 4, 1964, Pub. L. 88-581, Sec. 2, 78 Stat. 909;

amended Aug. 16, 1968, Pub. L. 90-490, title II, Sec. 201(b), 82

Stat. 780; Nov. 18, 1971, Pub. L. 92-158, Secs. 2(d)(3), (e), (f),

13, 85 Stat. 468, 480; July 29, 1975, Pub. L. 94-63, title IX,

Secs. 910(a)(2), 941(a), 89 Stat. 355, 363, related to time of

submission, determinations, etc., respecting applications for

construction grants, prior to repeal by Pub. L. 99-92, Secs.

9(a)(1), 10(a), Aug. 16, 1985, 99 Stat. 400, 402, effective Oct. 1,

1985.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 296 of this title.

-End-

-CITE-

42 USC Sec. 296b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part A - General Provisions

-HEAD-

Sec. 296b. Use of funds

-STATUTE-

(a) In general

Amounts provided under a grant or contract awarded under this

subchapter may be used for training program development and

support, faculty development, model demonstrations, trainee support

including tuition, books, program fees and reasonable living

expenses during the period of training, technical assistance,

workforce analysis, and dissemination of information, as

appropriate to meet recognized nursing objectives, in accordance

with this subchapter.

(b) Maintenance of effort

With respect to activities for which a grant awarded under this

subchapter is to be expended, the entity shall agree to maintain

expenditures of non-Federal amounts for such activities at a level

that is not less than the level of such expenditures maintained by

the entity for the fiscal year preceding the fiscal year for which

the entity receives such a grant.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 803, as added Pub. L.

105-392, title I, Sec. 123(4), Nov. 13, 1998, 112 Stat. 3564.)

-MISC1-

PRIOR PROVISIONS

A prior section 296b, act July 1, 1944, ch. 373, title VIII, Sec.

803, as added Sept. 4, 1964, Pub. L. 88-581, Sec. 2, 78 Stat. 911;

amended Aug. 16, 1968, Pub. L. 90-490, title II, Sec. 202, 82 Stat.

780; Nov. 18, 1971, Pub. L. 92-158, Secs. 2(b), 13, 85 Stat. 465,

480; July 29, 1975, Pub. L. 94-63, title IX, Sec. 941(b), 89 Stat.

364, set forth provisions relating to amount of construction grant,

prior to repeal by Pub. L. 99-92, Secs. 9(a)(1), 10(a), Aug. 16,

1985, 99 Stat. 400, 402, effective Oct. 1, 1985.

-End-

-CITE-

42 USC Sec. 296c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part A - General Provisions

-HEAD-

Sec. 296c. Matching requirement

-STATUTE-

The Secretary may require that an entity that applies for a grant

or contract under this subchapter provide non-Federal matching

funds, as appropriate, to ensure the institutional commitment of

the entity to the projects funded under the grant. Such non-Federal

matching funds may be provided directly or through donations from

public or private entities and may be in cash or in-kind, fairly

evaluated, including plant, equipment, or services.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 804, as added Pub. L.

105-392, title I, Sec. 123(4), Nov. 13, 1998, 112 Stat. 3565.)

-MISC1-

PRIOR PROVISIONS

A prior section 296c, act July 1, 1944, ch. 373, title VIII, Sec.

804, as added Sept. 4, 1964, Pub. L. 88-581, Sec. 2, 78 Stat. 911;

amended Nov. 18, 1971, Pub. L. 92-158, Secs. 2(d)(3), 13, 85 Stat.

468, 480; July 29, 1975, Pub. L. 94-63, title IX, Sec. 941(c), 89

Stat. 364, which related to recovery of payments of funds by United

States for construction of facilities, was renumbered section 858

of act July 1, 1944, by Pub. L. 99-92 and transferred to section

298b-5 of this title.

-End-

-CITE-

42 USC Sec. 296d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part A - General Provisions

-HEAD-

Sec. 296d. Preference

-STATUTE-

In awarding grants or contracts under this subchapter, the

Secretary shall give preference to applicants with projects that

will substantially benefit rural or underserved populations, or

help meet public health nursing needs in State or local health

departments.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 805, as added Pub. L.

105-392, title I, Sec. 123(4), Nov. 13, 1998, 112 Stat. 3565.)

-MISC1-

PRIOR PROVISIONS

A prior section 296d, act July 1, 1944, ch. 373, title VIII, Sec.

805, formerly Sec. 809, as added Nov. 18, 1971, Pub. L. 92-158,

Sec. 2(c), 85 Stat. 465; renumbered Sec. 805 and amended July 29,

1975, Pub. L. 94-63, title IX, Secs. 902(d), 910(b)(1)(A), (B)(i),

(2), (c), 911(b), 941(d), 89 Stat. 355, 356, 364; Sept. 29, 1979,

Pub. L. 96-76, title I, Sec. 103, 93 Stat. 579, related to

applications, amounts, etc., for loan guarantees and interest

subsidies for construction of training facilities by nonprofit

nursing schools, prior to repeal by Pub. L. 99-92, Secs. 9(a)(1),

10(a), Aug. 16, 1985, 99 Stat. 400, 402, effective Oct. 1, 1985.

Another prior section 296d, act July 1, 1944, ch. 373, title

VIII, Sec. 805, as added Sept. 4, 1964, Pub. L. 88-581, Sec. 2, 78

Stat. 912; amended Aug. 16, 1968, Pub. L. 90-490, title II, Secs.

211, 215, 82 Stat. 780, 783; Nov. 18, 1971, Pub. L. 92-158, Sec.

3(b), 85 Stat. 469, relating to special project grants and

contracts for nurse training programs, was repealed by Pub. L.

94-63, title IX, Sec. 922, July 29, 1975, 89 Stat. 359, eff. July

1, 1975.

-End-

-CITE-

42 USC Sec. 296e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part A - General Provisions

-HEAD-

Sec. 296e. Generally applicable provisions

-STATUTE-

(a) Awarding of grants and contracts

The Secretary shall ensure that grants and contracts under this

subchapter are awarded on a competitive basis, as appropriate, to

carry out innovative demonstration projects or provide for

strategic workforce supplementation activities as needed to meet

national nursing service goals and in accordance with this

subchapter. Contracts may be entered into under this subchapter

with public or private entities as determined necessary by the

Secretary.

(b) Information requirements

(1) In general

Recipients of grants and contracts under this subchapter shall

meet information requirements as specified by the Secretary.

(2) Evaluations

The Secretary shall establish procedures to ensure the annual

evaluation of programs and projects operated by recipients of

grants under this subchapter. Such procedures shall ensure that

continued funding for such programs and projects will be

conditioned upon a demonstration that satisfactory progress has

been made by the program or project in meeting the objectives of

the program or project.

(c) Training programs

Training programs conducted with amounts received under this

subchapter shall meet applicable accreditation and quality

standards.

(d) Duration of assistance

(1) In general

Subject to paragraph (2), in the case of an award to an entity

of a grant, cooperative agreement, or contract under this

subchapter, the period during which payments are made to the

entity under the award may not exceed 5 years. The provision of

payments under the award shall be subject to annual approval by

the Secretary of the payments and subject to the availability of

appropriations for the fiscal year involved to make the payments.

This paragraph may not be construed as limiting the number of

awards under the program involved that may be made to the entity.

(2) Limitation

In the case of an award to an entity of a grant, cooperative

agreement, or contract under this subchapter, paragraph (1) shall

apply only to the extent not inconsistent with any other

provision of this subchapter that relates to the period during

which payments may be made under the award.

(e) Peer review regarding certain programs

(1) In general

Each application for a grant under this subchapter, except

advanced nurse traineeship grants under section 296j(a)(2) of

this title, shall be submitted to a peer review group for an

evaluation of the merits of the proposals made in the

application. The Secretary may not approve such an application

unless a peer review group has recommended the application for

approval.

(2) Composition

Each peer review group under this subsection shall be composed

principally of individuals who are not officers or employees of

the Federal Government. In providing for the establishment of

peer review groups and procedures, the Secretary shall, except as

otherwise provided, ensure sex, racial, ethnic, and geographic

representation among the membership of such groups.

(3) Administration

This subsection shall be carried out by the Secretary acting

through the Administrator of the Health Resources and Services

Administration.

(f) Analytic activities

The Secretary shall ensure that -

(1) cross-cutting workforce analytical activities are carried

out as part of the workforce information and analysis activities

under this subchapter; and

(2) discipline-specific workforce information is developed and

analytical activities are carried out as part of -

(A) the advanced education nursing activities under part B of

this subchapter;

(B) the workforce diversity activities under part C of this

subchapter; and

(C) basic nursing education and practice activities under

part D of this subchapter.

(g) State and regional priorities

Activities under grants or contracts under this subchapter shall,

to the extent practicable, be consistent with related Federal,

State, or regional nursing professions program plans and

priorities.

(h) Filing of applications

(1) In general

Applications for grants or contracts under this subchapter may

be submitted by health professions schools, schools of nursing,

academic health centers, State or local governments, or other

appropriate public or private nonprofit entities as determined

appropriate by the Secretary in accordance with this subchapter.

(2) For-profit entities

Notwithstanding paragraph (1), a for-profit entity may be

eligible for a grant or contract under this subchapter as

determined appropriate by the Secretary.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 806, as added Pub. L.

105-392, title I, Sec. 123(4), Nov. 13, 1998, 112 Stat. 3565.)

-MISC1-

PRIOR PROVISIONS

A prior section 296e, act July 1, 1944, ch. 373, title VIII, Sec.

810, formerly Sec. 806, as added Sept. 4, 1964, Pub. L. 88-581,

Sec. 2, 78 Stat. 912; amended Dec. 5, 1967, Pub. L. 90-174, Sec.

12(a), 81 Stat. 541; Aug. 16, 1968, Pub. L. 90-490, title II, Sec.

211, 82 Stat. 781; Nov. 18, 1971, Pub. L. 92-158, Sec. 4(a), 85

Stat. 470; renumbered Sec. 810 and amended July 29, 1975, Pub. L.

94-63, title IX, Secs. 902(b), 915(a)-(c), 916(a), (b), 941(e), 89

Stat. 354, 356, 358, 365; Aug. 1, 1977, Pub. L. 95-83, title III,

Sec. 307(o)(1)-(4), 91 Stat. 393; Sept. 29, 1979, Pub. L. 96-76,

title I, Sec. 104, 93 Stat. 579, set forth provisions relating to

computation, requirements, etc., respecting grants for

institutional support, prior to repeal by Pub. L. 99-92, Secs.

9(a)(1), 10(a), Aug. 16, 1985, 99 Stat. 400, 402, effective Oct. 1,

1985.

-End-

-CITE-

42 USC Sec. 296e-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part A - General Provisions

-HEAD-

Sec. 296e-1. Grants for health professions education

-STATUTE-

(a) Grants for health professions education in health disparities

and cultural competency

The Secretary, acting through the Administrator of the Health

Resources and Services Administration, may make awards of grants,

contracts, or cooperative agreements to eligible entities for the

purpose of carrying out research and demonstration projects

(including research and demonstration projects for continuing

health professions education) for training and education for the

reduction of disparities in health care outcomes and the provision

of culturally competent health care. Grants under this section

shall be the same as provided in section 293e of this title.

(b) Authorization of appropriations

There are to be appropriated to carry out subsection (a) of this

section such sums as may be necessary for each of the fiscal years

2001 through 2004.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 807, as added Pub. L.

106-525, title IV, Sec. 401(b)(2), Nov. 22, 2000, 114 Stat. 2508.)

-MISC1-

PRIOR PROVISIONS

A prior section 807 of act July 1, 1944, was renumbered section

808 by Pub. L. 106-525 and is classified to section 296f of this

title.

Another prior section 807 of act July 1, 1944, was renumbered

section 811 and classified to section 296f of this title prior to

repeal by Pub. L. 99-92, Sec. 9(a)(1), Aug. 16, 1985, 99 Stat. 400.

-End-

-CITE-

42 USC Sec. 296f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part A - General Provisions

-HEAD-

Sec. 296f. Technical assistance

-STATUTE-

Funds appropriated under this subchapter may be used by the

Secretary to provide technical assistance in relation to any of the

authorities under this subchapter.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 808, formerly Sec. 807, as

added Pub. L. 105-392, title I, Sec. 123(4), Nov. 13, 1998, 112

Stat. 3566; renumbered Sec. 808, Pub. L. 106-525, title IV, Sec.

401(b)(1), Nov. 22, 2000, 114 Stat. 2508.)

-MISC1-

PRIOR PROVISIONS

A prior section 296f, act July 1, 1944, ch. 373, title VIII, Sec.

811, formerly Sec. 807, as added Aug. 16, 1968, Pub. L. 90-490,

title II, Sec. 212, 82 Stat. 782; amended Nov. 18, 1971, Pub. L.

92-158, Sec. 4(c), 85 Stat. 475; renumbered Sec. 811 and amended

July 29, 1975, Pub. L. 94-63, title IX, Sec. 941(f), 89 Stat. 365,

related to filing dates, etc., for applications for grants, prior

to repeal by Pub. L. 99-92, Secs. 9(a)(1), 10(a), Aug. 16, 1985, 99

Stat. 400, 402, effective Oct. 1, 1985.

A prior section 808 of act July 1, 1944, was classified to

section 296g of this title prior to repeal by Pub. L. 94-63, title

IX, Sec. 922, July 29, 1975, 89 Stat. 359.

-End-

-CITE-

42 USC Sec. 296g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part A - General Provisions

-HEAD-

Sec. 296g. Prohibition against discrimination by schools on basis

of sex

-STATUTE-

The Secretary may not make a grant, loan guarantee, or interest

subsidy payment under this subchapter to, or for the benefit of,

any school of nursing unless the application for the grant, loan

guarantee, or interest subsidy payment contains assurances

satisfactory to the Secretary that the school will not discriminate

on the basis of sex in the admission of individuals to its training

programs. The Secretary may not enter into a contract under this

subchapter with any school unless the school furnishes assurances

satisfactory to the Secretary that it will not discriminate on the

basis of sex in the admission of individuals to its training

programs.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 810, formerly Sec. 845, as

added Pub. L. 92-158, Sec. 11, Nov. 18, 1971, 85 Stat. 479;

renumbered Sec. 855, Pub. L. 94-63, title IX, Sec. 941(k)(1), July

29, 1975, 89 Stat. 366; renumbered Sec. 810, Pub. L. 105-392, title

I, Sec. 123(6), Nov. 13, 1998, 112 Stat. 3574.)

-COD-

CODIFICATION

Section was formerly classified to section 298b-2 of this title

prior to renumbering by Pub. L. 105-392.

Amendment by Pub. L. 105-392, which directed the renumbering of

section 855 of act July 1, 1944, as section 810 of that act, and

the transfer of that section so as to appear after section 809 of

that act, was executed by transferring the renumbered section so as

to appear after section 807 of act July 1, 1944, to reflect the

probable intent of Congress. No section 809 was enacted.

-MISC1-

PRIOR PROVISIONS

A prior section 296g, act July 1, 1944, ch. 373, title VIII, Sec.

808, as added Aug. 16, 1968, Pub. L. 90-490, title II Sec. 212, 82

Stat. 783; amended Nov. 18, 1971, Pub. L. 92-158, Sec. 3(a), 85

Stat. 469; July 29, 1975, Pub. L. 94-63, title IX, Sec. 902(c), 89

Stat. 354, authorized appropriations for special project grants and

contracts and financial distress grants from the fiscal year ending

June 30, 1972 through the fiscal year ending June 30, 1975, prior

to repeal by Pub. L. 94-63, title IX, Secs. 905, 922, July 29,

1975, 89 Stat. 355, 359, effective July 1, 1975.

A prior section 296h, act July 1, 1944, ch. 373, title VIII, Sec.

809, as added Nov. 18, 1971, Pub. L. 92-158, Sec. 2(c), 85 Stat.

465, which related to loan guarantees and interest subsidies for

construction of training facilities by nonprofit nursing schools,

was renumbered section 805 of act July 1, 1944, by Pub. L. 94-63

and transferred to section 296d of this title.

A prior section 296i, act July 1, 1944, ch. 373, title VIII, Sec.

810, as added Nov. 18, 1971, Pub. L. 92-158, Sec. 4(b), 85 Stat.

474; amended July 29, 1975, Pub. L. 94-63, title IX, Sec. 902(e),

89 Stat. 355, authorized grants for start-up programs for new nurse

training programs, and set out prerequisites, etc., prior to repeal

by Pub. L. 94-63, title IX, Secs. 905, 931(b), July 29, 1975, 89

Stat. 355, 362, effective July 1, 1975.

-End-

-CITE-

42 USC Part B - Nurse Practitioners, Nurse Midwives,

Nurse Anesthetists, and Other

Advanced Education Nurses 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part B - Nurse Practitioners, Nurse Midwives, Nurse Anesthetists,

and Other Advanced Education Nurses

-HEAD-

PART B - NURSE PRACTITIONERS, NURSE MIDWIVES, NURSE ANESTHETISTS,

AND OTHER ADVANCED EDUCATION NURSES

-MISC1-

PRIOR PROVISIONS

A prior part B related to assistance to nursing students and

consisted of sections 297 to 297n, prior to the general amendment

of this subchapter by Pub. L. 105-392.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 296e, 297q of this title.

-End-

-CITE-

42 USC Sec. 296j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part B - Nurse Practitioners, Nurse Midwives, Nurse Anesthetists,

and Other Advanced Education Nurses

-HEAD-

Sec. 296j. Advanced education nursing grants

-STATUTE-

(a) In general

The Secretary may award grants to and enter into contracts with

eligible entities to meet the costs of -

(1) projects that support the enhancement of advanced nursing

education and practice; and

(2) traineeships for individuals in advanced nursing education

programs.

(b) Definition of advanced education nurses

For purposes of this section, the term "advanced education

nurses" means individuals trained in advanced degree programs

including individuals in combined R.N./Master's degree programs,

post-nursing master's certificate programs, or, in the case of

nurse midwives, in certificate programs in existence on the date

that is one day prior to November 13, 1998, to serve as nurse

practitioners, clinical nurse specialists, nurse midwives, nurse

anesthetists, nurse educators, nurse administrators, or public

health nurses, or in other nurse specialties determined by the

Secretary to require advanced education.

(c) Authorized nurse practitioner and nurse midwifery programs

Nurse practitioner and nurse midwifery programs eligible for

support under this section are educational programs for registered

nurses (irrespective of the type of school of nursing in which the

nurses received their training) that -

(1) meet guidelines prescribed by the Secretary; and

(2) have as their objective the education of nurses who will

upon completion of their studies in such programs, be qualified

to effectively provide primary health care, including primary

health care in homes and in ambulatory care facilities, long-term

care facilities, acute care, and other health care settings.

(d) Authorized nurse anesthesia programs

Nurse anesthesia programs eligible for support under this section

are education programs that -

(1) provide registered nurses with full-time anesthetist

education; and

(2) are accredited by the Council on Accreditation of Nurse

Anesthesia Educational Programs.

(e) Other authorized educational programs

The Secretary shall prescribe guidelines as appropriate for other

advanced nurse education programs eligible for support under this

section.

(f) Traineeships

(1) In general

The Secretary may not award a grant to an applicant under

subsection (a) of this section unless the applicant involved

agrees that traineeships provided with the grant will only pay

all or part of the costs of -

(A) the tuition, books, and fees of the program of advanced

nurse education with respect to which the traineeship is

provided; and

(B) the reasonable living expenses of the individual during

the period for which the traineeship is provided.

(2) Doctoral programs

The Secretary may not obligate more than 10 percent of the

traineeships under subsection (a) of this section for individuals

in doctorate degree programs.

(3) Special consideration

In making awards of grants and contracts under subsection

(a)(2) of this section, the Secretary shall give special

consideration to an eligible entity that agrees to expend the

award to train advanced education nurses who will practice in

health professional shortage areas designated under section 254e

of this title.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 811, as added Pub. L.

105-392, title I, Sec. 123(4), Nov. 13, 1998, 112 Stat. 3566.)

-MISC1-

PRIOR PROVISIONS

A prior section 296j, act July 1, 1944, ch. 373, title VIII, Sec.

815, as added July 29, 1975, Pub. L. 94-63, title IX, Sec. 921, 89

Stat. 358; amended Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec.

2752, 95 Stat. 929, set forth provisions relating to authorization,

terms and conditions, etc., respecting grants for operational costs

or meeting accreditation requirements, prior to repeal by Pub. L.

99-92, Secs. 9(a)(1), 10(a), Aug. 16, 1985, 99 Stat. 400, 402,

effective Oct. 1, 1985.

Prior sections 296k and 296l were repealed by Pub. L. 105-392,

title I, Sec. 123(1), Nov. 13, 1998, 112 Stat. 3562.

Section 296k, act July 1, 1944, ch. 373, title VIII, Sec. 820, as

added Pub. L. 94-63, title IX, Sec. 931(a), July 29, 1975, 89 Stat.

359; amended Pub. L. 96-76, title I, Sec. 105, Sept. 29, 1979, 93

Stat. 579; Pub. L. 97-35, title XXVII, Sec. 2753(a)(1), (b), Aug.

13, 1981, 95 Stat. 929; Pub. L. 99-92, Sec. 3, Aug. 16, 1985, 99

Stat. 393; Pub. L. 99-129, title II, Sec. 227(a), Oct. 22, 1985, 99

Stat. 547; Pub. L. 100-607, title VII, Secs. 701(a)(2), (b)-(i),

721(b)(1), Nov. 4, 1988, 102 Stat. 3153-3156, 3165; Pub. L.

102-408, title II, Sec. 202(a), Oct. 13, 1992, 106 Stat. 2069; Pub.

L. 102-531, title III, Sec. 313(a)(9), Oct. 27, 1992, 106 Stat.

3507, authorized grants and contracts for special projects.

Section 296l, act July 1, 1944, ch. 373, title VIII, Sec. 821, as

added Pub. L. 94-63, title IX, Sec. 931(a), July 29, 1975, 89 Stat.

361; amended Pub. L. 96-76, title I, Sec. 106, Sept. 29, 1979, 93

Stat. 579; Pub. L. 97-35, title XXVII, Sec. 2754, Aug. 13, 1981, 95

Stat. 930; Pub. L. 99-92, Sec. 4, Aug. 16, 1985, 99 Stat. 394; Pub.

L. 99-129, title II, Sec. 227(b), Oct. 22, 1985, 99 Stat. 548; Pub.

L. 100-607, title VII, Sec. 702, Nov. 4, 1988, 102 Stat. 3157; Pub.

L. 102-408, title II, Sec. 203, Oct. 13, 1992, 106 Stat. 2072,

authorized grants and contracts for advanced nurse education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 296e, 297n-1 of this

title.

-End-

-CITE-

42 USC Part C - Increasing Nursing Workforce Diversity 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part C - Increasing Nursing Workforce Diversity

-HEAD-

PART C - INCREASING NURSING WORKFORCE DIVERSITY

-MISC1-

PRIOR PROVISIONS

A prior part C set forth general provisions and consisted of

sections 298 to 298b-7, prior to the general amendment of this

subchapter by Pub. L. 105-392.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 296e, 297q of this title.

-End-

-CITE-

42 USC Sec. 296m 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part C - Increasing Nursing Workforce Diversity

-HEAD-

Sec. 296m. Workforce diversity grants

-STATUTE-

(a) In general

The Secretary may award grants to and enter into contracts with

eligible entities to meet the costs of special projects to increase

nursing education opportunities for individuals who are from

disadvantaged backgrounds (including racial and ethnic minorities

underrepresented among registered nurses) by providing student

scholarships or stipends, pre-entry preparation, and retention

activities.

(b) Guidance

In carrying out subsection (a) of this section, the Secretary

shall take into consideration the recommendations of the First,

Second and Third Invitational Congresses for Minority Nurse Leaders

on "Caring for the Emerging Majority," in 1992, 1993 and 1997, and

consult with nursing associations including the American Nurses

Association, the National League for Nursing, the American

Association of Colleges of Nursing, the National Black Nurses

Association, the National Association of Hispanic Nurses, the

Association of Asian American and Pacific Islander Nurses, the

Native American Indian and Alaskan Nurses Association, and the

National Council of State Boards of Nursing.

(c) Required information and conditions for award recipients

(1) In general

Recipients of awards under this section may be required, where

requested, to report to the Secretary concerning the annual

admission, retention, and graduation rates for individuals from

disadvantaged backgrounds and ethnic and racial minorities in the

school or schools involved in the projects.

(2) Falling rates

If any of the rates reported under paragraph (1) fall below the

average of the two previous years, the grant or contract

recipient shall provide the Secretary with plans for immediately

improving such rates.

(3) Ineligibility

A recipient described in paragraph (2) shall be ineligible for

continued funding under this section if the plan of the recipient

fails to improve the rates within the 1-year period beginning on

the date such plan is implemented.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 821, as added Pub. L.

105-392, title I, Sec. 123(4), Nov. 13, 1998, 112 Stat. 3568.)

-MISC1-

PRIOR PROVISIONS

A prior section 296m, act July 1, 1944, ch. 373, title VIII, Sec.

822, as added Pub. L. 94-63, title IX, Sec. 931(a), July 29, 1975,

89 Stat. 361; amended Pub. L. 95-83, title III, Sec. 307(o)(5)(A),

Aug. 1, 1977, 91 Stat. 393; Pub. L. 96-76, title I, Sec. 107, Sept.

29, 1979, 93 Stat. 579; Pub. L. 97-35, title XXVII, Sec. 2755, Aug.

13, 1981, 95 Stat. 930; Pub. L. 99-92, Sec. 5, Aug. 16, 1985, 99

Stat. 394; Pub. L. 99-129, title II, Sec. 227(c), Oct. 22, 1985, 99

Stat. 548; Pub. L. 100-607, title VII, Sec. 703, Nov. 4, 1988, 102

Stat. 3157; Pub. L. 101-93, Sec. 5(q), Aug. 16, 1989, 103 Stat.

614; Pub. L. 101-597, title IV, Sec. 401(b)[(a)], Nov. 16, 1990,

104 Stat. 3035; Pub. L. 102-408, title II, Sec. 204, Oct. 13, 1992,

106 Stat. 2072, authorized grants and contracts for nurse

practitioner and nurse midwife programs, prior to repeal by Pub. L.

105-392, title I, Sec. 123(1), Nov. 13, 1998, 112 Stat. 3562.

A prior section 821 of act July 1, 1944, was classified to

section 296l of this title prior to repeal by Pub. L. 105-392.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Part D - Strengthening Capacity for Basic Nurse

Education and Practice 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part D - Strengthening Capacity for Basic Nurse Education and

Practice

-HEAD-

PART D - STRENGTHENING CAPACITY FOR BASIC NURSE EDUCATION AND

PRACTICE

-MISC1-

PRIOR PROVISIONS

A prior part D related to scholarship grants to schools of

nursing and consisted of sections 298c to 298c-8, prior to the

general amendment of this subchapter by Pub. L. 105-392.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 296e, 297q of this title.

-End-

-CITE-

42 USC Sec. 296p 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part D - Strengthening Capacity for Basic Nurse Education and

Practice

-HEAD-

Sec. 296p. Nurse education, practice, and retention grants

-STATUTE-

(a) Education priority areas

The Secretary may award grants to or enter into contracts with

eligible entities for -

(1) expanding the enrollment in baccalaureate nursing programs;

(2) developing and implementing internship and residency

programs to encourage mentoring and the development of

specialties; or

(3) providing education in new technologies, including distance

learning methodologies.

(b) Practice priority areas

The Secretary may award grants to or enter into contracts with

eligible entities for -

(1) establishing or expanding nursing practice arrangements in

noninstitutional settings to demonstrate methods to improve

access to primary health care in medically underserved

communities;

(2) providing care for underserved populations and other

high-risk groups such as the elderly, individuals with HIV/AIDS,

substance abusers, the homeless, and victims of domestic

violence;

(3) providing managed care, quality improvement, and other

skills needed to practice in existing and emerging organized

health care systems; or

(4) developing cultural competencies among nurses.

(c) Retention priority areas

The Secretary may award grants to and enter into contracts with

eligible entities to enhance the nursing workforce by initiating

and maintaining nurse retention programs pursuant to paragraph (1)

or (2).

(1) Grants for career ladder programs

The Secretary may award grants to and enter into contracts with

eligible entities for programs -

(A) to promote career advancement for nursing personnel in a

variety of training settings, cross training or specialty

training among diverse population groups, and the advancement

of individuals including to become professional nurses,

advanced education nurses, licensed practical nurses, certified

nurse assistants, and home health aides; and

(B) to assist individuals in obtaining education and training

required to enter the nursing profession and advance within

such profession, such as by providing career counseling and

mentoring.

(2) Enhancing patient care delivery systems

(A) Grants

The Secretary may award grants to eligible entities to

improve the retention of nurses and enhance patient care that

is directly related to nursing activities by enhancing

collaboration and communication among nurses and other health

care professionals, and by promoting nurse involvement in the

organizational and clinical decisionmaking processes of a

health care facility.

(B) Preference

In making awards of grants under this paragraph, the

Secretary shall give a preference to applicants that have not

previously received an award under this paragraph.

(C) Continuation of an award

The Secretary shall make continuation of any award under this

paragraph beyond the second year of such award contingent on

the recipient of such award having demonstrated to the

Secretary measurable and substantive improvement in nurse

retention or patient care.

(d) Other priority areas

The Secretary may award grants to or enter into contracts with

eligible entities to address other areas that are of high priority

to nurse education, practice, and retention, as determined by the

Secretary.

(e) Preference

For purposes of any amount of funds appropriated to carry out

this section for fiscal year 2003, 2004, or 2005 that is in excess

of the amount of funds appropriated to carry out this section for

fiscal year 2002, the Secretary shall give preference to awarding

grants or entering into contracts under subsections (a)(2) and (c)

of this section.

(f) Report

The Secretary shall submit to the Congress before the end of each

fiscal year a report on the grants awarded and the contracts

entered into under this section. Each such report shall identify

the overall number of such grants and contracts and provide an

explanation of why each such grant or contract will meet the

priority need of the nursing workforce.

(g) Eligible entity

For purposes of this section, the term "eligible entity" includes

a school of nursing, a health care facility, or a partnership of

such a school and facility.

(h) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary for each of fiscal years 2003 through

2007.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 831, as added Pub. L.

105-392, title I, Sec. 123(4), Nov. 13, 1998, 112 Stat. 3568;

amended Pub. L. 107-205, title II, Sec. 201, Aug. 1, 2002, 116

Stat. 815.)

-MISC1-

PRIOR PROVISIONS

A prior section 831 of act July 1, 1944, was classified to

section 297-1 of this title prior to repeal by Pub. L. 105-392.

Prior sections 296r, 297, and 297-1 were repealed by Pub. L.

105-392, title I, Sec. 123(1), Nov. 13, 1998, 112 Stat. 3562.

Section 296r, act July 1, 1944, ch. 373, title VIII, Sec. 827, as

added Pub. L. 100-607, title VII, Sec. 701(a)(3), Nov. 4, 1988, 102

Stat. 3153; amended Pub. L. 102-408, title II, Sec. 205, Oct. 13,

1992, 106 Stat. 2073, authorized grants and contracts for special

projects to increase nursing education opportunities for

individuals from disadvantaged backgrounds.

Section 297, act July 1, 1944, ch. 373, title VIII, Sec. 830,

formerly Sec. 821, as added Pub. L. 88-581, Sec. 2, Sept. 4, 1964,

78 Stat. 913; amended Pub. L. 90-490, title II, Sec. 221, Aug. 16,

1968, 82 Stat. 783; Pub. L. 92-52, Sec. 5, July 9, 1971, 85 Stat.

145; Pub. L. 92-158, Secs. 5, 13, Nov. 18, 1971, 85 Stat. 475, 480;

renumbered Sec. 830 and amended Pub. L. 94-63, title IX, Secs. 935,

941(g)(2), July 29, 1975, 89 Stat. 362, 365; Pub. L. 94-484, title

IX, Sec. 901, Oct. 12, 1976, 90 Stat. 2323; Pub. L. 95-83, title

III, Sec. 307(o)(5)(B), Aug. 1, 1977, 91 Stat. 394; Pub. L. 96-76,

title I, Sec. 108, Sept. 29, 1979, 93 Stat. 579; Pub. L. 97-35,

title XXVII, Sec. 2756, Aug. 13, 1981, 95 Stat. 931; Pub. L. 99-92,

Sec. 6, Aug. 16, 1985, 99 Stat. 395; Pub. L. 100-607, title VII,

Sec. 711, Nov. 4, 1988, 102 Stat. 3159; Pub. L. 102-408, title II,

Sec. 206, Oct. 13, 1992, 106 Stat. 2073; Pub. L. 103-43, title XX,

Sec. 2014(f), June 10, 1993, 107 Stat. 217, authorized grants for

traineeships for advanced education of professional nurses.

Section 297-1, act July 1, 1944, ch. 373, title VIII, Sec. 831,

as added Pub. L. 96-76, title I, Sec. 111, Sept. 29, 1979, 93 Stat.

580; amended Pub. L. 97-414, Sec. 8(l), Jan. 4, 1983, 96 Stat.

2061; Pub. L. 99-92, Sec. 7, Aug. 16, 1985, 99 Stat. 396; Pub. L.

100-607, title VII, Sec. 712, Nov. 4, 1988, 102 Stat. 3160; Pub. L.

102-408, title II, Sec. 207, Oct. 13, 1992, 106 Stat. 2074,

authorized grants for training of nurse anesthetists.

AMENDMENTS

2002 - Pub. L. 107-205 amended section catchline and text

generally. Prior to amendment, text read as follows:

"(a) In general. - The Secretary may award grants to and enter

into contracts with eligible entities for projects to strengthen

capacity for basic nurse education and practice.

"(b) Priority areas. - In awarding grants or contracts under this

section the Secretary shall give priority to entities that will use

amounts provided under such a grant or contract to enhance the

educational mix and utilization of the basic nursing workforce by

strengthening programs that provide basic nurse education, such as

through -

"(1) establishing or expanding nursing practice arrangements in

noninstitutional settings to demonstrate methods to improve

access to primary health care in medically underserved

communities;

"(2) providing care for underserved populations and other

high-risk groups such as the elderly, individuals with HIV-AIDS,

substance abusers, the homeless, and victims of domestic

violence;

"(3) providing managed care, quality improvement, and other

skills needed to practice in existing and emerging organized

health care systems;

"(4) developing cultural competencies among nurses;

"(5) expanding the enrollment in baccalaureate nursing

programs;

"(6) promoting career mobility for nursing personnel in a

variety of training settings and cross training or specialty

training among diverse population groups;

"(7) providing education in informatics, including distance

learning methodologies; or

"(8) other priority areas as determined by the Secretary."

-End-

-CITE-

42 USC Part E - Student Loans 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part E - Student Loans

-HEAD-

PART E - STUDENT LOANS

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-392, title I, Sec. 123(2), Nov. 13, 1998, 112

Stat. 3562, redesignated subpart II of part B as part E.

1975 - Pub. L. 94-63, title IX, Sec. 941(g)(3), July 29, 1975, 89

Stat. 365, inserted subpart II heading.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 2 section 60c-5; title 5

section 5379.

-End-

-CITE-

42 USC Sec. 297a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part E - Student Loans

-HEAD-

Sec. 297a. Student loan fund

-STATUTE-

(a) Agreements to establish and operate fund authorized

The Secretary is authorized to enter into an agreement for the

establishment and operation of a student loan fund in accordance

with this part (!1) with any public or nonprofit private school of

nursing which is located in a State.

(b) Provisions of agreements

Each agreement entered into under this section shall -

(1) provide for establishment of a student loan fund by the

school;

(2) provide for deposit in the fund, except as provided in

section 297h of this title, of (A) the Federal capital

contributions paid from allotments under section 297d of this

title to the school by the Secretary, (B) an additional amount

from other sources equal to not less than one-ninth of such

Federal capital contributions, (C) collections of principal and

interest on loans made from the fund, (D) collections pursuant to

section 297b(f) of this title, and (E) any other earnings of the

fund;

(3) provide that the fund, except as provided in section 297h

of this title, shall be used only for loans to students of the

school in accordance with the agreement and for costs of

collection of such loans and interest thereon;

(4) provide that loans may be made from such fund only to

students pursuing a fulltime or half-time course of study at the

school leading to a baccalaureate or associate degree in nursing

or an equivalent degree or a diploma in nursing, or to a graduate

degree in nursing;

(5) contain such other provisions as are necessary to protect

the financial interests of the United States.

(c) Regulatory standards applicable to collection of loans

(1) Any standard established by the Secretary by regulation for

the collection by schools of nursing of loans made pursuant to loan

agreements under this part (!1) shall provide that the failure of

any such school to collect such loans shall be measured in

accordance with this subsection. With respect to the student loan

fund established pursuant to such agreements, this subsection may

not be construed to require such schools to reimburse such loan

fund for loans that became uncollectable prior to 1983.

(2) The measurement of a school's failure to collect loans made

under this part (!1) shall be the ratio (stated as a percentage)

that the defaulted principal amount outstanding of such school

bears to the matured loans of such school.

(3) For purposes of this subsection -

(A) the term "default" means the failure of a borrower of a

loan made under this part (!1) to -

(i) make an installment payment when due; or

(ii) comply with any other term of the promissory note for

such loan,

except that a loan made under this part (!1) shall not be

considered to be in default if the loan is discharged in

bankruptcy or if the school reasonably concludes from written

contacts with the borrower that the borrower intends to repay the

loan;

(B) the term "defaulted principal amount outstanding" means the

total amount borrowed from the loan fund of a school that has

reached the repayment stage (minus any principal amount repaid or

cancelled) on loans -

(i) repayable monthly and in default for at least 120 days;

and

(ii) repayable less frequently than monthly and in default

for at least 180 days;

(C) the term "grace period" means the period of nine months

beginning on the date on which the borrower ceases to pursue a

full-time or half-time course of study at a school of nursing;

and

(D) the term "matured loans" means the total principal amount

of all loans made by a school of nursing under this part (!1)

minus the total principal amount of loans made by such school to

students who are -

(i) enrolled in a full-time or half-time course of study at

such school; or

(ii) in their grace period.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 835, formerly Sec. 822, as

added Pub. L. 88-581, Sec. 2, Sept. 4, 1964, 78 Stat. 913; amended

Pub. L. 90-490, title II, Sec. 222(a), (c)(2), Aug. 16, 1968, 82

Stat. 783, 784; Pub. L. 92-158, Sec. 6(d)(3), (e), Nov. 18, 1971,

85 Stat. 478; Pub. L. 93-385, Sec. 3(b), Aug. 23, 1974, 88 Stat.

741; renumbered Sec. 835 and amended Pub. L. 94-63, title IX, Secs.

936(a), 941(h)(1)-(3), (i)(1), (2), July 29, 1975, 89 Stat. 362,

365, 366; Pub. L. 96-76, title I, Sec. 109(a), Sept. 29, 1979, 93

Stat. 579; Pub. L. 97-35, title XXVII, Sec. 2757(a), Aug. 13, 1981,

95 Stat. 931; Pub. L. 99-92, Sec. 8(a), Aug. 16, 1985, 99 Stat.

397; Pub. L. 99-129, title II, Sec. 209(j)(2), Oct. 22, 1985, 99

Stat. 536; Pub. L. 100-607, title VII, Sec. 713(a), Nov. 4, 1988,

102 Stat. 3160.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in subsecs. (a) and (c), was in the

original "this subpart" and was translated to reflect the probable

intent of Congress and 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.

-MISC1-

AMENDMENTS

1988 - Subsec. (c)(1). Pub. L. 100-607 inserted provisions

relating to reimbursement of student loan fund for certain

uncollectable loans.

1985 - Subsec. (c). Pub. L. 99-92 added subsec. (c).

Subsec. (c)(3)(C). Pub. L. 99-129, Sec. 209(j)(2)(A), substituted

provisions defining "grace period" as the period of nine months

beginning on the date on which the borrower ceases to pursue a

full-time or half-time course of study at a school of nursing for

former provisions defining "grace period" as the period of one year

beginning on (i) the date on which the borrower ceased to pursue a

full-time or half-time course of study at a school of nursing; or

(ii) the date on which ended any period described in clause (A) or

(B) of section 297b(b)(2) of this title which was applicable to

such borrower, whichever was later.

Subsec. (c)(3)(D)(ii). Pub. L. 99-129, Sec. 209(j)(2)(B), struck

out "first" before "grace period."

1981 - Subsec. (b)(4). Pub. L. 97-35 struck out provisions

respecting prohibition on loans to students attending school before

Oct. 1, 1980.

1979 - Subsec. (b)(4). Pub. L. 96-76 substituted "1980" for

"1978".

1975 - Subsec. (a). Pub. L. 94-63, Sec. 941(h)(1), (2),

substituted "subpart" for "part" and struck out "of Health,

Education, and Welfare" after "Secretary".

Subsec. (b). Pub. L. 94-63, Secs. 936(a), 941(h)(3), (i)(2), in

cl. (2) substituted "from allotments under section 297d of this

title" for "under this part", in cl. (4) substituted "October 1,

1978" for "July 1, 1975", and in cls. (2) and (3) substituted

references to sections 836 and 841 of the Act for references to

sections 823 and 829, which had previously been translated as

sections 297b and 297h of this title, respectively, requiring no

further translations in the text as a result of the renumbering of

the Public Health Service Act.

1974 - Subsec. (b)(4). Pub. L. 93-385 substituted "1975" for

"1974".

1971 - Subsec. (b)(4). Pub. L. 92-158 substituted "full-time or

half-time course of study" for "full-time course of study" and

"1974" for "1971".

1968 - Subsec. (b)(2). Pub. L. 90-490, Sec. 222(a)(1), (c)(2),

inserted ", except as provided in section 297h of this title,"

after "fund" where first appearing and added cl. (D) and

redesignated former cl. (D) as (E), respectively.

Subsec. (b)(3). Pub. L. 90-490, Sec. 222(a)(1), inserted ",

except as provided in section 297h of this title" after "fund"

where first appearing and authorized the cancellation of an

additional 50 per centum of a nursery student loan.

Subsec. (b)(4). Pub. L. 90-490, Sec. 222(a)(2), substituted

"1971" for "1969".

EFFECTIVE DATE OF 1985 AMENDMENTS

Amendment by Pub. L. 99-129 effective June 30, 1984, see section

228(b)(5) of Pub. L. 99-129, set out as a note under section 254l

of this title.

Section 10 of Pub. L. 99-92 provided that:

"(a) Except as provided in subsection (b), this Act [enacting

section 297i of this title, transferring section 296c to section

298b-5 of this title, amending this section, sections 296k, 296l,

296m, 297, 297-1, 297b, 297d, 297e, 298, 298b, and 298b-5 of this

title, sections 1332, 1333, 1336, and 1341 of Title 15, Commerce

and Trade, and section 6103 of Title 26, Internal Revenue Code,

repealing sections 296 to 296b, 296d to 296f, 296j, 297h, and 297j

of this title, and enacting provisions set out as notes under

sections 201 and 298b-5 of this title and section 1333 of Title 15]

and the amendments and repeals made by this Act shall take effect

on October 1, 1985.

"(b)(1) The provisions of section 9(c) of this Act [transferring

section 296c of this title to section 298b-5 of this title,

amending section 298b-5 of this title, and enacting provisions set

out as notes under section 298b-5 of this title] and the amendment

made by paragraph (1) of such section shall take effect on the date

of enactment of this Act [Aug. 16, 1985].

"(2) The amendment made by section 8(a) of this Act [amending

section 297a of this title] shall take effect June 30, 1984."

EFFECTIVE DATE OF 1975 AMENDMENT

Section 905 of Pub. L. 94-63 provided that: "Except as may

otherwise be specifically provided, the amendments made by this

part [part B (Secs. 905-937) of title IX of Pub. L. 94-63, enacting

sections 296j to 296m of this title, amending sections 296, 296a,

296d, 296e, 297 to 297c, 297e, and 297j of this title, repealing

sections 296d, 296g, 296i, 297f, and 298c-7 of this title, and

enacting provisions set out as notes under sections 296, 296a,

296d, 296e, 296m, 297, 297b, and 297f of this title] shall take

effect July 1, 1975. The amendments made by this part to provisions

of title VIII of the Public Health Service Act [this subchapter]

(hereinafter in this part referred to as the 'Act') are made to

such provisions as amended by part A of this title [amending

sections 296, 296d, 296e, 296g, 296i, 297j, and 298c-7 of this

title]."

Section 942 of Pub. L. 94-63 provided that: "The amendments made

by section 941 [enacting section 298b-3 of this title, amending

sections 296a to 296d, 296f, 297a to 297e, 297g to 297k, 298, and

298b of this title, and repealing section 298c-8 of this title]

shall take effect July 1, 1975. Except as otherwise specifically

provided, the amendments made by section 941 to provisions of title

VIII of the Act [this subchapter] are made to such provisions as in

effect July 1, 1975, and as amended by part B of this title [see

note set out above]."

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by section 222(c)(2) of Pub. L. 90-490 applicable with

respect to loans made after June 30, 1969, see section 222(i) of

Pub. L. 90-490, set out as a note under section 297b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 296e, 297b, 297d, 297e of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 297b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part E - Student Loans

-HEAD-

Sec. 297b. Loan provisions

-STATUTE-

(a) Maximum amount per individual per year; preference to first

year students

The total of the loans for any academic year (or its equivalent,

as determined under regulations of the Secretary) made by schools

of nursing from loan funds established pursuant to agreements under

this part (!1) may not exceed $2,500 in the case of any student,

except that for the final two academic years of the program

involved, such total may not exceed $4,000. The aggregate of the

loans for all years from such funds may not exceed $13,000 in the

case of any student. In the granting of such loans, a school shall

give preference to licensed practical nurses, to persons with

exceptional financial need, and to persons who enter as first-year

students after enactment of this subchapter.

(b) Terms and conditions

Loans from any such student loan fund by any school shall be made

on such terms and conditions as the school may determine; subject,

however, to such conditions, limitations, and requirements as the

Secretary may prescribe (by regulation or in the agreement with the

school) with a view to preventing impairment of the capital of such

fund to the maximum extent practicable in the light of the

objective of enabling the student to complete his course of study;

and except that -

(1) such a loan may be made only to a student who (A) is in

need of the amount of the loan to pursue a full-time or half-time

course of study at the school leading to a baccalaureate or

associate degree in nursing or an equivalent degree, or a diploma

in nursing, or a graduate degree in nursing, (B) is capable, in

the opinion of the school, of maintaining good standing in such

course of study, and (C) with respect to any student enrolling in

the school after June 30, 1986, is of financial need (as defined

in regulations issued by the Secretary);; (!2)

(2) such a loan shall be repayable in equal or graduated

periodic installments (with the right of the borrower to

accelerate repayment) over the ten-year period which begins nine

months after the student ceases to pursue a full-time or

half-time course of study at a school of nursing, excluding from

such 10-year period all (A) periods (up to three years) of (i)

active duty performed by the borrower as a member of a uniformed

service, or (ii) service as a volunteer under the Peace Corps Act

[22 U.S.C. 2501 et seq.], (B) periods (up to ten years) during

which the borrower is pursuing a full-time or half-time course of

study at a collegiate school of nursing leading to baccalaureate

degree in nursing or an equivalent degree, or to graduate degree

in nursing, or is otherwise pursuing advanced professional

training in nursing (or training to be a nurse anesthetist), and

(C) such additional periods under the terms of paragraph (8) of

this subsection;

(3) in the case of a student who received such a loan before

September 29, 1979, an amount up to 85 per centum of any such

loan made before such date (plus interest thereon) shall be

canceled for full-time employment as a professional nurse

(including teaching in any of the fields of nurse training and

service as an administrator, supervisor, or consultant in any of

the fields of nursing) in any public or nonprofit private agency,

institution, or organization (including neighborhood health

centers), at the rate of 15 per centum of the amount of such loan

(plus interest) unpaid on the first day of such service for each

of the first, second, and third complete year of such service,

and 20 per centum of such amount (plus interest) for each

complete fourth and fifth year of such service;

(4) the liability to repay the unpaid balance of such loan and

accrued interest thereon shall be canceled upon the death of the

borrower, or if the Secretary determines that he has become

permanently and totally disabled;

(5) such a loan shall bear interest on the unpaid balance of

the loan, computed only for periods during which the loan is

repayable, at the rate of 5 percent per annum;

(6) such a loan shall be made without security or endorsement,

except that if the borrower is a minor and the note or other

evidence of obligation executed by him would not, under the

applicable law, create a binding obligation, either security or

endorsement may be required;

(7) no note or other evidence of any such loan may be

transferred or assigned by the school making the loan except

that, if the borrower transfers to another school participating

in the program under this part (!1) such note or other evidence

of a loan may be transferred to such other school; and

(8) pursuant to uniform criteria established by the Secretary,

the repayment period established under paragraph (2) for any

student borrower who during the repayment period failed to make

consecutive payments and who, during the last 12 months of the

repayment period, has made at least 12 consecutive payments may

be extended for a period not to exceed 10 years.

(c) Cancellation

Where all or any part of a loan, or interest, is canceled under

this section, the Secretary shall pay to the school an amount equal

to the school's proportionate share of the canceled portion, as

determined by the Secretary.

(d) Installments

Any loan for any year by a school from a student loan fund

established pursuant to an agreement under this part (!1) shall be

made in such installments as may be provided in regulations of the

Secretary or such agreement and, upon notice to the Secretary by

the school that any recipient of a loan is failing to maintain

satisfactory standing, any or all further installments of his loan

shall be withheld, as may be appropriate.

(e) Availability to eligible students in need

An agreement under this part (!1) with any school shall include

provisions designed to make loans from the student loan fund

established thereunder reasonably available (to the extent of the

available funds in such fund) to all eligible students in the

school in need thereof.

(f) Penalty for late payment

Subject to regulations of the Secretary and in accordance with

this section, a school shall assess a charge with respect to a loan

from the loan fund established pursuant to an agreement under this

part (!1) for failure of the borrower to pay all or any part of an

installment when it is due and, in the case of a borrower who is

entitled to deferment of the loan under subsection (b)(2) of this

section or cancellation of part or all of the loan under subsection

(b)(3) of this section, for any failure to file timely and

satisfactory evidence for such entitlement. No such charge may be

made if the payment of such installment or the filing of such

evidence is made within 60 days after the date on which such

installment or filing is due. The amount of any such charge may not

exceed an amount equal to 6 percent of the amount of such

installment. The school may elect to add the amount of any such

charge to the principal amount of the loan as of the first day

after the day on which such installment or evidence was due, or to

make the amount of the charge payable to the school not later than

the due date of the next installment after receipt by the borrower

of notice of the assessment of the charge.

(g) Minimum monthly repayment

A school may provide in accordance with regulations of the

Secretary, that during the repayment period of a loan from a loan

fund established pursuant to an agreement under this part (!1)

payments of principal and interest by the borrower with respect to

all the outstanding loans made to him from loan funds so

established shall be at a rate equal to not less than $40 per

month.

(h) Loan cancellation

Notwithstanding the amendment made by section 6(b) of the Nurse

Training Act of 1971 to this section -

(A) any person who obtained one or more loans from a loan fund

established under this part, (!1) who before November 18, 1971,

became eligible for cancellation of all or part of such loans

(including accrued interest) under this section (as in effect on

the day before such date), and who on such date was not engaged

in a service for which loan cancellation was authorized under

this section (as so in effect), may at any time elect to receive

such cancellation in accordance with this subsection (as so in

effect); and

(B) in the case of any person who obtained one or more loans

from a loan fund established under this part (!1) and who on such

date was engaged in a service for which cancellation of all or

part of such loans (including accrued interest) was authorized

under this section (as so in effect), this section (as so in

effect) shall continue to apply to such person for purposes of

providing such loan cancellation until he terminates such

service.

Nothing in this subsection shall be construed to prevent any person

from entering into an agreement for loan cancellation under

subsection (h) (!1) of this section (as amended by section 6(b)(2)

of the Nurse Training Act of 1971).

(i) Loan repayment

Upon application by a person who received, and is under an

obligation to repay, any loan made to such person as a nursing

student, the Secretary may undertake to repay (without liability to

the applicant) all or any part of such loan, and any interest or

portion thereof outstanding thereon, upon his determination,

pursuant to regulations establishing criteria therefor, that the

applicant -

(1) failed to complete the nursing studies with respect to

which such loan was made;

(2) is in exceptionally needy circumstances; and

(3) has not resumed, or cannot reasonably be expected to

resume, such nursing studies within two years following the date

upon which the applicant terminated the studies with respect to

which such loan was made.

(j) Collection by Secretary of loan in default; preconditions and

procedures applicable

The Secretary is authorized to attempt to collect any loan which

was made under this part,(!1) which is in default, and which was

referred to the Secretary by a school of nursing with which the

Secretary has an agreement under this part,(!1) on behalf of that

school under such terms and conditions as the Secretary may

prescribe (including reimbursement from the school's student loan

fund for expenses the Secretary may reasonably incur in attempting

collection), but only if the school has complied with such

requirements as the Secretary may specify by regulation with

respect to the collection of loans under this part.(!1) A loan so

referred shall be treated as a debt subject to section 5514 of

title 5. Amounts collected shall be deposited in the school's

student loan fund. Whenever the Secretary desires the institution

of a civil action regarding any such loan, the Secretary shall

refer the matter to the Attorney General for appropriate action.

(k) Redesignated (j)

(l) Elimination of statute of limitation for loan collections

(1) Purpose

It is the purpose of this subsection to ensure that obligations

to repay loans under this section are enforced without regard to

any Federal or State statutory, regulatory, or administrative

limitation on the period within which debts may be enforced.

(2) Prohibition

Notwithstanding any other provision of Federal or State law, no

limitation shall terminate the period within which suit may be

filed, a judgment may be enforced, or an offset, garnishment, or

other action may be initiated or taken by a school of nursing

that has an agreement with the Secretary pursuant to section 297a

of this title that is seeking the repayment of the amount due

from a borrower on a loan made under this part (!1) after the

default of the borrower on such loan.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 836, formerly Sec. 823, as

added Pub. L. 88-581, Sec. 2, Sept. 4, 1964, 78 Stat. 914; amended

Pub. L. 89-290, Sec. 4(g)(2), Oct. 22, 1965, 79 Stat. 1058; Pub. L.

90-490, title II, Sec. 222(b), (c)(1), Aug. 16, 1968, 82 Stat. 783,

784; Pub. L. 92-158, Sec. 6(a), (b)(1), (e), Nov. 18, 1971, 85

Stat. 475, 476, 478; renumbered Sec. 836 and amended Pub. L. 94-63,

title IX, Secs. 936(b), 941(h)(1), (2), (5), (i)(1), July 29, 1975,

89 Stat. 363, 365; Pub. L. 96-76, title I, Sec. 112, Sept. 29,

1979, 93 Stat. 580; Pub. L. 97-35, title XXVII, Sec. 2757(b), Aug.

13, 1981, 95 Stat. 931; Pub. L. 99-92, Sec. 8(b)-(d), Aug. 16,

1985, 99 Stat. 398; Pub. L. 100-607, title VII, Secs. 713(b)-(g),

714(a)-(c), Nov. 4, 1988, 102 Stat. 3160, 3161; Pub. L. 101-93,

Sec. 5(r), Aug. 16, 1989, 103 Stat. 614; Pub. L. 102-408, title II,

Sec. 211(a)(1), Oct. 13, 1992, 106 Stat. 2078; Pub. L. 105-392,

title I, Sec. 133(a)-(c)(1), Nov. 13, 1998, 112 Stat. 3575.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in subsecs. (a), (b)(7), (d) to (h), (j),

and (l)(2), was in the original "this subpart" and was translated

to reflect the probable intent of Congress and 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.

The Peace Corps Act, referred to in subsec. (b)(2), is Pub. L.

87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is

classified principally to chapter 34 (Sec. 2501 et seq.) of Title

22, Foreign Relations and Intercourse. For complete classification

of this Act to the Code, see Short Title note set out under section

2501 of Title 22 and Tables.

Subsection (h) of this section, referred to in subsec. (h), was

struck out and subsec. (i) was redesignated (h) by Pub. L. 102-408.

See 1992 Amendment note below.

Section 6(b) of the Nurse Training Act of 1971, referred to in

subsec. (h), is section 6(b) of Pub. L. 92-158, Nov. 18, 1971, 85

Stat. 477. Section 6(b)(1) amended subsec. (b)(3) of this section,

added former subsec. (h) of this section, and enacted the

provisions editorially classified to subsec. (i) [now (h)] of this

section. Section 6(b)(2) enacted section 297i of this title which

was transferred and redesignated as subsec. (j) [now (i)] of this

section pursuant to section 941(h)(5) of Pub. L. 94-63.

-COD-

CODIFICATION

Provisions of subsec. (h) of this section were, in the original,

enacted by section 6(b)(1) of Pub. L. 92-158, without directory

language with respect to classification in the Code and were

editorially set out as subsec. (i) [now (h)] as the probable intent

of Congress.

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-392, Sec. 133(a)(1),

substituted semicolon for period at end.

Subsec. (b)(2)(C). Pub. L. 105-392, Sec. 133(a)(2), added subpar.

(C).

Subsec. (b)(8). Pub. L. 105-392, Sec. 133(a)(3), (4), added par.

(8).

Subsec. (g). Pub. L. 105-392, Sec. 133(b), substituted "$40" for

"$15".

Subsec. (l). Pub. L. 105-392, Sec. 133(c)(1), added subsec. (l).

1992 - Subsecs. (h) to (k). Pub. L. 102-408 redesignated subsecs.

(i) to (k) as (h) to (j), respectively, and struck out former

subsec. (h) which provided for a loan repayment program. See

section 297n of this title.

1989 - Subsec. (h)(6)(C). Pub. L. 101-93 substituted "means a

skilled nursing facility, as such term is defined in section

1395x(j) of this title, and an intermediate care facility, as such

term is defined in section 1396d(c) of this title" for "means an

intermediate care facility and a skilled nursing facility, as such

terms are defined in subsections (c) and (i), respectively, of

section 1396d of this title".

1988 - Subsec. (a). Pub. L. 100-607, Sec. 713(b), (c), inserted

in first sentence ", except that for the final two academic years

of the program involved, such total may not exceed $4,000",

substituted "$13,000" for "$10,000" in second sentence, and

inserted ", to persons with exceptional financial need," after

"nurses" in third sentence.

Subsec. (b)(1)(C). Pub. L. 100-607, Sec. 713(d), amended subpar.

(C) generally. Prior to amendment, subpar. (C) read as follows: "if

a student who will enroll in the school after June 30, 1986, is of

exceptional financial need (as defined by regulations of the

Secretary)".

Subsec. (b)(2)(B). Pub. L. 100-607, Sec. 713(e), substituted

"ten" for "five" and inserted "or half-time" after "a full-time".

Subsec. (b)(5). Pub. L. 100-607, Sec. 713(f), substituted "5

percent" for "6 per centum".

Subsec. (h)(1)(C). Pub. L. 100-607, Sec. 714(a), amended subpar.

(C) generally. Prior to amendment, subpar. (C) read as follows:

"who enters into an agreement with the Secretary to serve as a

nurse for a period of at least two years in an area in a State

determined by the Secretary, after consultation with the

appropriate State health authority (as determined by the Secretary

by regulations), to have a shortage of and need for nurses;".

Subsecs. (h)(5), (6). Pub. L. 100-607, Sec. 714(b), (c), added

pars. (5) and (6).

Subsec. (j)(2) to (4). Pub. L. 100-607, Sec. 713(g), redesignated

par. (4) as (3) and struck out former par. (3) which related to

low-income or disadvantaged family.

1985 - Subsec. (b)(1). Pub. L. 99-92, Sec. 8(b), which directed

that cl. (C) be inserted before period, was executed by inserting

cl. (C) before the semicolon as the probable intent of Congress.

Subsec. (f). Pub. L. 99-92, Sec. 8(c), substituted "the Secretary

and in accordance with this section, a school shall" for "the

Secretary, a school may", and substituted provisions relating to

charges not allowed in certain cases and allowed where payment is

late for provisions relating to maximum amount of late charges.

Subsec. (k). Pub. L. 99-92, Sec. 8(d), added subsec. (k).

1981 - Subsec. (b)(5). Pub. L. 97-35 substituted "6" for "3".

1979 - Subsec. (b)(3). Pub. L. 96-76 inserted provisions

requiring conditions to be applicable to loans arising prior to

Sept. 29, 1979.

1975 - Subsec. (a). Pub. L. 94-63, Sec. 941(h)(1), substituted

"subpart" for "part".

Subsec. (b). Pub. L. 94-63, Sec. 941(h)(2), struck out "of

Health, Education, and Welfare" after "Secretary".

Subsec. (b)(2)(B). Pub. L. 94-63, Sec. 936(b), inserted "(or

training to be a nurse anesthetist)" after "professional training

in nursing".

Subsec. (b)(7). Pub. L. 94-63, Sec. 941(h)(1), substituted

"subpart" for "part".

Subsec. (c). Pub. L. 94-63, Sec. 941(h)(2), struck out "of

Health, Education, and Welfare" after "Secretary".

Subsecs. (d) to (i). Pub. L. 94-63, Sec. 941(h)(1), substituted

"subpart" for "part" whenever appearing.

Subsec. (j). Pub. L. 94-63, Sec. 941(h)(5), added subsec. (j),

formerly classified as section 297i of this title pursuant to

enactment as section 830 of act July 1, 1944, ch. 373. Section

941(h)(5)(A) of Pub. L. 94-63 transferred such former section to

this section and section 941(h)(5)(B) redesignated provision as

subsec. (j).

1971 - Subsec. (a). Pub. L. 92-158, Sec. 6(a),

substituted"$2,500" for "$1,500" and "$10,000" for "$60,000".

Subsec. (b)(1). Pub. L. 92-158, Sec. 6(e), substituted "full-time

or half-time course of study" for "full-time course of study".

Subsec. (b)(2). Pub. L. 92-158, Sec. 6(e), in text preceding cl.

(A), substituted "full-time or half-time course of study" for

"full-time course of study".

Subsec. (b)(3). Pub. L. 92-158, Sec. 6(b)(1)(A), substituted

provisions cancelling up to 85 per centum of loan, for provisions

cancelling up to 50 per centum of loan, where borrower holds

full-time employment as a professional nurse, added to areas of

possible employment under this par. by inserting reference to any

public or nonprofit organization including neighborhood health

centers, substituted, with regard to the rate of cancellation of

loan, the rate of 15 per centum of the amount unpaid on the first

day of service, continuing at such rate with each of the first,

second and third complete years of such service and 20 per centum

of such amount with each complete fourth and fifth year of service

for the rate of 10 per centum of the amount unpaid on the first day

of service and to continue with each complete year of service, and

struck out reference to 15 per centum rate of cancellation per

complete year of service plus, for the purpose of such higher rate,

the cancellation of an additional 50 per centum of such loan where

such service is in a public or nonprofit hospital in any area which

is determined, in accordance with the regulations of the Secretary,

to be in an area having a substantial shortage of such nurses at

such hospitals.

Subsec. (h). Pub. L. 92-158, Sec. 6(b)(1)(B), added subsec. (h).

1968 - Subsec. (a). Pub. L. 90-490, Sec. 222(b)(1), increased

limitation on amount of annual loans per student from $1,000 to

$1,500, required preferences in granting of loans to licensed

practical nurses, and limited aggregate of loans for all years to

any one student to $6,000.

Subsec. (b)(2). Pub. L. 90-490, Sec. 222(b)(2), provided for

commencement of repayment nine months, rather than one year, after

student ceases to pursue full-time course of study, excluded from

ten-year repayment period periods (up to three years) of active

duty as member of a uniformed service or Peace Corps volunteer

service and periods (up to five years) as undergraduate or graduate

degree student in nursing, including advanced professional training

in nursing, and struck out prohibition against accrual of interest

on loans.

Subsec. (b)(3). Pub. L. 90-490, Sec. 222(b)(3), authorized

cancellation of an additional 50 per centum of a nursing student

loan (plus interest) at rate of 15 per centum for each complete

year of service in a public or other nonprofit hospital in an area

with a substantial shortage of nurses.

Subsec. (b)(5). Pub. L. 90-490, Sec. 222(b)(4), struck out

provisions for an interest rate which is the greater of 3 per

centum or the going Federal rate at time loan is made, defining

going Federal rate, and making rate determined for first loan

applicable to any subsequent loan.

Subsecs. (f), (g). Pub. L. 90-490, Sec. 222(c)(1), added subsecs.

(f) and (g).

1965 - Subsec. (b)(5). Pub. L. 89-290 applied rate of interest

for first loan obtained by a student from a loan fund established

under this part to any subsequent loan to such student from such

fund during his course of study.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-392, title I, Sec. 133(c)(2), Nov. 13, 1998, 112

Stat. 3576, provided that: "The amendment made by paragraph (1)

[amending this section] shall be effective with respect to actions

pending on or after the date of enactment of this Act [Nov. 13,

1998]."

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

Section 936(b) of Pub. L. 94-63 provided that the amendment made

by that section is effective with respect to periods of training to

be a nurse anesthetist undertaken on or after July 29, 1975.

Amendment by section 941(h)(1), (2), (5), (i)(1) of 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 1971 AMENDMENT

Section 6(a)(1) of Pub. L. 92-158 provided that the amendment

made by that section is effective with respect to academic years

(or their equivalent as determined under regulations of the

Secretary of Health, Education, and Welfare under this section)

beginning after June 30, 1971.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 222(i) of Pub. L. 90-490 provided that: "The amendments

made by subsection (b)(1) and (2) [amending this section] shall

apply with respect to all loans made after June 30, 1969, and with

respect to loans made from a student loan fund established under an

agreement pursuant to section 822 [section 297a of this title],

before July 1, 1969, to the extent agreed to by the school which

made the loans and the Secretary (but then only for years beginning

after June 30, 1968). The amendments made by subsection (b)(4)

[amending this section] and subsection (c) [amending this section

and section 297a of this title] shall apply with respect to loans

made after June 30, 1969. The amendment made by subsection (h)

[enacting section 297h of this title] shall apply with respect to

appropriations for fiscal years beginning after June 30, 1969. The

amendment made by subsection (b)(3) [amending this section] shall

apply with respect to service, specified in section 823(b)(3) of

such Act [subsec. (b)(3) of this section] performed during academic

years beginning after the enactment of this Act, whether the loan

was made before or after such enactment [Aug. 16, 1968]."

CONSTRUCTION OF 1992 AMENDMENT

Section 211(b) of Pub. L. 102-408 provided that: "With respect to

section 836(h) of the Public Health Service Act [former subsec. (h)

of this section], as in effect prior to the date of the enactment

of this Act [Oct. 13, 1992], any agreement entered into under such

section that is in effect on the day before such date remains in

effect in accordance with the terms of the agreement,

notwithstanding the amendment made by subsection (a) of this

section [enacting section 297n of this title, amending this

section, and repealing section 297c-1 of this title]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original.

-End-

-CITE-

42 USC Sec. 297c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part E - Student Loans

-HEAD-

Sec. 297c. Repealed. Pub. L. 105-392, title I, Sec. 123(3), Nov.

13, 1998, 112 Stat. 3562

-MISC1-

Section, act July 1, 1944, ch. 373, title VIII, Sec. 837,

formerly Sec. 824, as added Pub. L. 88-581, Sec. 2, Sept. 4, 1964,

78 Stat. 915; amended Pub. L. 89-751, Sec. 6(b), Nov. 3, 1966, 80

Stat. 1235; Pub. L. 90-490, title II, Sec. 222(d), Aug. 16, 1968,

82 Stat. 784; Pub. L. 92-52, Sec. 3(a), July 9, 1971, 85 Stat. 144;

Pub. L. 92-158, Sec. 6(c), Nov. 18, 1971, 85 Stat. 477; Pub. L.

93-385, Sec. 3(a), Aug. 23, 1974, 88 Stat. 741; renumbered Sec. 837

and amended Pub. L. 94-63, title IX, Secs. 936(c), 941(i)(1), (3),

July 29, 1975, 89 Stat. 363, 365, 366; Pub. L. 96-76, title I, Sec.

109(b), Sept. 29, 1979, 93 Stat. 580; Pub. L. 97-35, title XXVII,

Sec. 2757(c), Aug. 13, 1981, 95 Stat. 931, authorized

appropriations for student loan funds for certain fiscal years.

-End-

-CITE-

42 USC Sec. 297c-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part E - Student Loans

-HEAD-

Sec. 297c-1. Repealed. Pub. L. 102-408, title II, Sec. 211(a)(2),

Oct. 13, 1992, 106 Stat. 2078

-MISC1-

Section, act July 1, 1944, ch. 373, title VIII, Sec. 837A, as

added Nov. 4, 1988, Pub. L. 100-607, title VII, Sec. 714(d), 102

Stat. 3162, authorized appropriations for educational loan

repayments for service in certain health facilities.

-End-

-CITE-

42 USC Sec. 297d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part E - Student Loans

-HEAD-

Sec. 297d. Allotments and payments of Federal capital contributions

-STATUTE-

(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:

(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 part.(!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 part (!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.

-SOURCE-

(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.)

-REFTEXT-

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 part, referred to in subsecs. (a)(3) and (c), was in the

original "this subpart" and was translated to reflect the probable

intent of Congress and 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.

-MISC1-

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]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 297e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part E - Student Loans

-HEAD-

Sec. 297e. Distribution of assets from loan funds

-STATUTE-

(a) Capital distribution of balance of loan fund

If a school terminates a loan fund established under an agreement

pursuant to section 297a(b) of this title, or if the Secretary for

good cause terminates the agreement with the school, there shall be

a capital distribution as follows:

(1) The Secretary shall first be paid an amount which bears the

same ratio to such balance in such fund on the date of termination

of the fund as the total amount of the Federal capital

contributions to such fund by the Secretary pursuant to section

297a(b)(2)(A) of this title bears to the total amount in such fund

derived from such Federal capital contributions and from funds

deposited therein pursuant to section 297a(b)(2)(B) of this title.

(2) The remainder of such balance shall be paid to the school.

(b) Payment of principal or interest on loans

If a capital distribution is made under subsection (a) of this

section, the school involved shall, after such capital

distribution, pay to the Secretary, not less often than quarterly,

the same proportionate share of amounts received by the school in

payment of principal or interest on loans made from the loan fund

established under section 297a(b) of this title as determined by

the Secretary under subsection (a) of this section.

(c) Payment of balance of loan fund

(1) Within 90 days after the termination of any agreement with a

school under section 297a of this title or the termination in any

other manner of a school's participation in the loan program under

this part,(!1) such school shall pay to the Secretary from the

balance of the loan fund of such school established under section

297a of this title, an amount which bears the same ratio to the

balance in such fund on the date of such termination as the total

amount of the Federal capital contributions to such fund by the

Secretary pursuant to section 297a(b)(2)(A) of this title bears to

the total amount in such fund on such date derived from such

Federal capital contributions and from funds deposited in the fund

pursuant to section 297a(b)(2)(B) of this title. The remainder of

such balance shall be paid to the school.

(2) A school to which paragraph (1) applies shall pay to the

Secretary after the date on which payment is made under such

paragraph and not less than quarterly, the same proportionate share

of amounts received by the school after the date of termination

referred to in paragraph (1) in payment of principal or interest on

loans made from the loan fund as was determined for the Secretary

under such paragraph.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 839, formerly Sec. 826, as

added Pub. L. 88-581, Sec. 2, Sept. 4, 1964, 78 Stat. 916; amended

Pub. L. 89-751, Sec. 6(d), Nov. 3, 1966, 80 Stat. 1235; Pub. L.

90-490, title II, Sec. 222(f), Aug. 16, 1968, 82 Stat. 785; Pub. L.

92-52, Sec. 3(b), July 9, 1971, 85 Stat. 145; Pub. L. 92-158, Sec.

6(d)(1), Nov. 18, 1971, 85 Stat. 478; renumbered Sec. 839 and

amended Pub. L. 94-63, title IX, Secs. 936(d), 941(h)(1), (2),

(4)(B), (i)(1), (5), July 29, 1975, 89 Stat. 363, 365, 366; Pub. L.

96-32, Sec. 7(j), July 10, 1979, 93 Stat. 84; Pub. L. 96-76, title

I, Sec. 109(c), Sept. 29, 1979, 93 Stat. 580; Pub. L. 97-35, title

XXVII, Sec. 2757(d), Aug. 13, 1981, 95 Stat. 931; Pub. L. 99-92,

Sec. 8(f), Aug. 16, 1985, 99 Stat. 399; Pub. L. 100-607, title VII,

Sec. 713(i), Nov. 4, 1988, 102 Stat. 3161; Pub. L. 102-408, title

II, Sec. 208(b), Oct. 13, 1992, 106 Stat. 2075; Pub. L. 105-392,

title I, Sec. 133(e), Nov. 13, 1998, 112 Stat. 3577.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in subsec. (c)(1), was in the original

"this subpart" and was translated to reflect the probable intent of

Congress and 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.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-392, Sec. 133(e)(1)(A), added

introductory provisions and struck out former introductory

provisions which read as follows: "After September 30, 1996, and

not later than December 31, 1999, there shall be a capital

distribution of the balance of the loan fund established under an

agreement pursuant to section 297a of this title by each school as

follows:".

Subsec. (a)(1). Pub. L. 105-392, Sec. 133(e)(1)(B), substituted

"on the date of termination of the fund" for "at the close of

September 30, 1999,".

Subsec. (b). Pub. L. 105-392, Sec. 133(e)(2), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "After

December 31, 1999, each school with which the Secretary has made an

agreement under this subpart shall pay to the Secretary, not less

often than quarterly, the same proportionate share of amounts

received by the school after September 30, 1999, in payment of

principal or interest on loans made from the loan fund established

pursuant to such agreement as was determined for the Secretary

under subsection (a) of this section."

1992 - Subsec. (a). Pub. L. 102-408, Sec. 208(b)(2), substituted

"1999" for "1994" in introductory provisions and in par. (1).

Pub. L. 102-408, Sec. 208(b)(1), substituted "1996" for "1991" in

introductory provisions.

Subsec. (b). Pub. L. 102-408, Sec. 208(b)(2), substituted "1999"

for "1994" in two places.

1988 - Subsec. (a). Pub. L. 100-607, Sec. 713(i)(1)(A), which

directed substitution of "1994" for "1991" in text preceding par.

(1), was executed by making the substitution for "1991" the second

time appearing to reflect the probable intent of Congress.

Subsec. (a)(1). Pub. L. 100-607, Sec. 713(i)(1)(B), substituted

"1994" for "1991".

Subsec. (b). Pub. L. 100-607, Sec. 713(i)(2), substituted "1994"

for "1991" in two places.

1985 - Subsecs. (a), (b). Pub. L. 99-92, Sec. 8(f)(1),

substituted "1991" for "1987" wherever appearing.

Subsec. (c). Pub. L. 99-92, Sec. 8(f)(2), added subsec. (c).

1981 - Pub. L. 97-35 substituted "1987" for "1983" wherever

appearing.

1979 - Subsec. (a). Pub. L. 96-76, Sec. 109(c)(1), substituted

"September 30, 1983, and not later than December 31, 1983" for

"September 30, 1980, and not later than December 31, 1981". Prior

to amendment, subsec. (a) referred to "December 31, 1980" rather

than to "December 31, 1981" as cited in directory language of Pub.

L. 96-76. See below for explanation of amendment by Pub. L. 96-32.

Pub. L. 96-32 substituted "December 31, 1980" for "September 30,

1977".

Subsec. (a)(1). Pub. L. 96-76, Sec. 109(c)(2), substituted "1983"

for "1980".

Subsec. (b). Pub. L. 96-76, Sec. 109(c)(3), substituted "1983"

for "1980" wherever appearing.

1975 - Subsec. (a). Pub. L. 94-63, Secs. 936(d), 941(h)(2),

(i)(5), substituted "September 30, 1980" for "June 30, 1977"

wherever appearing, struck out "of Health, Education, and Welfare"

after "Secretary", and substituted references to section 835 of the

Act for references to section 822, which had previously been

translated as section 297a of this title, requiring no further

translations in text as a result of renumbering of the Public

Health Service Act.

Subsec. (b). Pub. L. 94-63, Secs. 936(d), 941(h)(1), (4)(B),

substituted "subpart" for "part", "September 30, 1980" for "June

30, 1977", and "December 31, 1980" for "September 30, 1977" and

struck out provisions relating to payments from revolving fund

established by section 297f(d) of this title.

1971 - Pub. L. 92-158 substituted "1977" for "1975" wherever

appearing.

Pub. L. 92-52 substituted "1975" for "1974" wherever appearing.

1968 - Pub. L. 90-490 substituted "1974" for "1972" wherever

appearing.

1966 - Subsec. (a). Pub. L. 89-751, Sec. 6(d)(1), (2),

substituted "an agreement pursuant to section 297a(b) of this

title" for "this part" in opening provisions, and in par. (1)

substituted "such balance" for "the balance".

Subsec. (b). Pub. L. 89-751, Sec. 6(d)(3), inserted "(other than

so much of such fund as relates to payments from the revolving fund

established by section 297f(d) of this title)".

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 section 936(d) of Pub. L. 94-63 effective July 1,

1975, see section 905 of Pub. L. 94-63, set out as a note under

section 297a of this title.

Amendment by section 941(h)(1), (2), (4)(B), (i)(1), (5) of 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

Amendment by Pub. L. 89-751 effective in the case of payments to

student loan funds made after Nov. 3, 1966, except in the case of

payments pursuant to commitments (made prior to Nov. 3, 1966) to

make loans under section 297f of this title as in effect prior to

Nov. 3, 1966, see section 6(e)(1) of Pub. L. 89-751, set out as a

note under section 297d of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 297f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part E - Student Loans

-HEAD-

Sec. 297f. Repealed. Pub. L. 94-63, title IX, Sec. 936(e)(1), July

29, 1975, 89 Stat. 363

-MISC1-

Section, act July 1, 1944, ch. 373, title VIII, Sec. 827, as

added Sept. 4, 1964, Pub. L. 88-581, Sec. 2, 78 Stat. 917; amended

Nov. 3, 1966, Pub. L. 89-751, Sec. 6(a), 80 Stat. 1233; Aug. 16,

1968, Pub. L. 90-490, title II, Sec. 222(g), 82 Stat. 785; July 9,

1971, Pub. L. 92-52, Sec. 3(c), 85 Stat. 145; Nov. 18, 1971, Pub.

L. 92-158, Sec. 6(d)(2), 85 Stat. 478, set out provisions relating

to terms, conditions, limitations, manner of payment, etc., of

loans to schools of nursing to capitalize student loan funds.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1975, see section 905 of Pub. L. 94-63,

set out as an Effective Date of 1975 Amendment note under section

297a of this title.

AVAILABILITY OF NURSE TRAINING REVOLVING FUND FOR PAYMENT OF

OBLIGATIONS DEPOSITS INTO FUND; TRANSFER OF EXCESS AMOUNTS TO

GENERAL FUND OF TREASURY AUTHORIZATION OF APPROPRIATIONS

Section 936(e)(2), (3) of Pub. L. 94-63 provided that:

"(2) The nurse training fund created within the Treasury by

section 827(d)(1) of the Act [section 297f(d)(1) of this section]

shall remain available to the Secretary of Health, Education, and

Welfare [now Health and Human Services] for the purpose of meeting

his responsibilities respecting participations in obligations

acquired under section 827 of the Act [this section]. The Secretary

shall continue to deposit in such fund all amounts received by him

as interest payments or repayments of principal on loans under such

section 27[827]. If at any time the Secretary determines the moneys

in the funds exceed the present and any reasonable prospective

further requirements of such fund, such excess may be transferred

to the general fund of the Treasury.

"(3) There are authorized to be appropriated without fiscal year

limitation such sums as may be necessary to enable the Secretary to

make payments under agreements entered into under section 827(b) of

the Act [section 297f(b) of this title] before the date of the

enactment of this Act [July 29, 1975]."

CONVERSION OF FEDERAL CAPITAL CONTRIBUTION TO A LOAN UNDER SECTION

297F OF THIS TITLE

Pub. L. 89-751, Sec. 6(e)(2), Nov. 3, 1966, 80 Stat. 1236,

authorized the Secretary of Health, Education, and Welfare to

convert a Federal capital contribution to a student loan fund of a

particular institution, made under this subchapter, from funds

appropriated pursuant thereto for the fiscal year ending June 30,

1967, to a loan under section 297f of this title.

-End-

-CITE-

42 USC Sec. 297g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part E - Student Loans

-HEAD-

Sec. 297g. Modification of agreements; compromise, waiver or

release

-STATUTE-

The Secretary may agree to modifications of agreements made under

this part,(!1) and may compromise, waive, or release any right,

title, claim, or demand of the United States arising or acquired

under this part.(!1)

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 840, formerly Sec. 828, as

added Pub. L. 88-581, Sec. 2, Sept. 4, 1964, 78 Stat. 917;

renumbered Sec. 840 and amended Pub. L. 94-63, title IX, Sec.

941(h)(1), (4)(C), (i)(1), July 29, 1975, 89 Stat. 365.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in text, was in the original "this

subpart" and was translated to reflect the probable intent of

Congress and 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.

-MISC1-

AMENDMENTS

1975 - Pub. L. 94-63, Sec. 941(h)(1), (4)(C), substituted

"subpart" for "part" wherever appearing and struck out "or loans"

after "agreements".

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.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 297h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part E - Student Loans

-HEAD-

Sec. 297h. Repealed. Pub. L. 99-92, Sec. 9(a)(1), Aug. 16, 1985, 99

Stat. 400

-MISC1-

Section, act July 1, 1944, ch. 373, title VIII, Sec. 841,

formerly Sec. 829, as added Aug. 16, 1968, Pub. L. 90-490, title

II, Sec. 222(h), 82 Stat. 785; renumbered Sec. 841 and amended July

29, 1975, Pub. L. 94-63, title IX, Sec. 941(i)(1), (6), 89 Stat.

365, 366, related to transfers to the scholarship program.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1985, see section 10(a) of Pub. L.

99-92, set out as an Effective Date of 1985 Amendment note under

section 297a of this title.

-End-

-CITE-

42 USC Sec. 297i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part E - Student Loans

-HEAD-

Sec. 297i. Procedures for appeal of terminations

-STATUTE-

In any case in which the Secretary intends to terminate an

agreement with a school of nursing under this part,(!1) the

Secretary shall provide the school with a written notice specifying

such intention and stating that the school may request a formal

hearing with respect to such termination. If the school requests

such a hearing within 30 days after the receipt of such notice, the

Secretary shall provide such school with a hearing conducted by an

administrative law judge.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 842, as added Pub. L.

99-92, Sec. 8(g), Aug. 16, 1985, 99 Stat. 399.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in text, was in the original "this

subpart" and was translated to reflect the probable intent of

Congress and 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.

-MISC1-

PRIOR PROVISIONS

A prior section 297i, act July 1, 1944, ch. 373, title VIII, Sec.

830, as added Nov. 18, 1971, Pub. L. 92-158, Sec. 6(b)(2), 85 Stat.

477, relating to loan forgiveness, was transferred to and

redesignated as subsec. (j) of section 823 of act July 1, 1944,

which is classified to section 297b of this title, by Pub. L.

94-63, title IX, Sec. 941(h)(5), July 29, 1975, 89 Stat. 365.

A prior section 842 of act July 1, 1944, was renumbered section

852, and was classified to section 298a of this title prior to

repeal by Pub. L. 105-392.

A prior section 297j, act July 1, 1944, ch. 373, title VIII, Sec.

843, as added Nov. 4, 1988, Pub. L. 100-607, title VII, Sec. 715,

102 Stat. 3162; amended Nov. 18, 1988, Pub. L. 100-690, title II,

Sec. 2616(a), 102 Stat. 4240; Aug. 16, 1989, Pub. L. 101-93, Sec.

5(s), 103 Stat. 614, provided grant authority for scholarships for

undergraduate education of professional nurses, prior to repeal by

Pub. L. 102-531, title III, Sec. 313(a)(11), (c), Oct. 27, 1992,

106 Stat. 3507, effective immediately after enactment of Pub. L.

102-408, approved Oct. 13, 1992.

A prior section 843 of act July 1, 1944, was renumbered section

853, and was classified to section 298b of this title prior to

repeal by Pub. L. 105-392.

Another prior section 297j, act July 1, 1944, ch. 373, title

VIII, Sec. 845, formerly Sec. 860, as added Aug. 16, 1968, Pub. L.

90-490, title II, Sec. 223(a), 82 Stat. 785; amended July 9, 1971,

Pub. L. 92-52, Sec. 4, 85 Stat. 145; Nov. 18, 1971, Pub. L. 92-158,

Sec. 7, 85 Stat. 478; renumbered Sec. 845 and amended July 29,

1975, Pub. L. 94-63, title IX, Secs. 902(f), 937, 941(j)(1), (2),

89 Stat. 355, 363, 366; Sept. 29, 1979, Pub. L. 96-76, title I,

Sec. 110(a), (b), 93 Stat. 580; Aug. 13, 1981, Pub. L. 97-35, title

XXVII, Sec. 2758(a), (b), 95 Stat. 932, set forth provisions

relating to scholarship grants to schools of nursing, prior to

repeal by Pub. L. 99-92, Sec. 9(a)(2), Aug. 16, 1985, 99 Stat. 400,

eff. Oct. 1, 1985.

A prior section 845 of act July 1, 1944, was renumbered section

855, and was classified to section 298b-2 of this title prior to

repeal by Pub. L. 105-392.

A prior section 297k, act July 1, 1944, ch. 373, title VIII, Sec.

846, formerly Sec. 861, as added Aug. 16, 1968, Pub. L. 90-490,

title II, Sec. 223(a), 82 Stat. 786; renumbered Sec. 846 and

amended July 29, 1975, Pub. L. 94-63, title IX, Secs. 941(j)(1),

(3), 89 Stat. 366, related to transfers of funds to student loan

program, prior to repeal by Pub. L. 97-35, title XXVII, Sec.

2758(c), Aug. 13, 1981, 95 Stat. 932.

EFFECTIVE DATE

Section effective Oct. 1, 1985, see section 10(a) of Pub. L.

99-92, set out as an Effective Date of 1985 Amendment note under

section 297a of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 297n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part E - Student Loans

-HEAD-

Sec. 297n. Loan repayment and scholarship programs

-STATUTE-

(a) In general

In the case of any individual -

(1) who has received a baccalaureate or associate degree in

nursing (or an equivalent degree), a diploma in nursing, or a

graduate degree in nursing;

(2) who obtained (A) one or more loans from a loan fund

established under subpart II,(!1) or (B) any other educational

loan for nurse training costs; and

(3) who enters into an agreement with the Secretary to serve as

nurse for a period of not less than two years at a health care

facility with a critical shortage of nurses;

the Secretary shall make payments in accordance with subsection (b)

of this section, for and on behalf of that individual, on the

principal of and interest on any loan of that individual described

in paragraph (2) of this subsection which is outstanding on the

date the individual begins the service specified in the agreement

described in paragraph (3) of this subsection. After fiscal year

2007, the Secretary may not, pursuant to any agreement entered into

under this subsection, assign a nurse to any private entity unless

that entity is nonprofit.

(b) Manner of payments

The payments described in subsection (a) of this section shall be

made by the Secretary as follows:

(1) Upon completion by the individual for whom the payments are

to be made of the first year of the service specified in the

agreement entered into with the Secretary under subsection (a) of

this section, the Secretary shall pay 30 percent of the principal

of, and the interest on each loan of such individual described in

subsection (a)(2) of this section which is outstanding on the

date he began such practice.

(2) Upon completion by that individual of the second year of

such service, the Secretary shall pay another 30 percent of the

principal of, and the interest on each such loan.

(3) Upon completion by that individual of a third year of such

service, the Secretary shall pay another 25 percent of the

principal of, and the interest on each such loan.

(c) Payment by due date

Notwithstanding the requirement of completion of practice

specified in subsection (b) of this section, the Secretary shall,

on or before the due date thereof, pay any loan or loan installment

which may fall due within the period of service for which the

borrower may receive payments under this subsection, upon the

declaration of such borrower, at such times and in such manner as

the Secretary may prescribe (and supported by such other evidence

as the Secretary may reasonably require), that the borrower is then

serving as described by subsection (a)(3) of this section, and that

the borrower will continue to so serve for the period required (in

the absence of this subsection) to entitle the borrower to have

made the payments provided by this subsection for such period;

except that not more than 85 percent of the principal of any such

loan shall be paid pursuant to this subsection.

(d) Scholarship program

(1) In general

The Secretary shall (for fiscal years 2003 and 2004) and may

(for fiscal years thereafter) carry out a program of entering

into contracts with eligible individuals under which such

individuals agree to serve as nurses for a period of not less

than 2 years at a health care facility with a critical shortage

of nurses, in consideration of the Federal Government agreeing to

provide to the individuals scholarships for attendance at schools

of nursing.

(2) Eligible individuals

In this subsection, the term "eligible individual" means an

individual who is enrolled or accepted for enrollment as a

full-time or part-time student in a school of nursing.

(3) Service requirement

(A) In general

The Secretary may not enter into a contract with an eligible

individual under this subsection unless the individual agrees

to serve as a nurse at a health care facility with a critical

shortage of nurses for a period of full-time service of not

less than 2 years, or for a period of part-time service in

accordance with subparagraph (B).

(B) Part-time service

An individual may complete the period of service described in

subparagraph (A) on a part-time basis if the individual has a

written agreement that -

(i) is entered into by the facility and the individual and

is approved by the Secretary; and

(ii) provides that the period of obligated service will be

extended so that the aggregate amount of service performed

will equal the amount of service that would be performed

through a period of full-time service of not less than 2

years.

(4) Applicability of certain provisions

The provisions of subpart III of part D of subchapter II of

this chapter shall, except as inconsistent with this section,

apply to the program established in paragraph (1) in the same

manner and to the same extent as such provisions apply to the

National Health Service Corps Scholarship Program established in

such subpart.

(e) Preferences regarding participants

In entering into agreements under subsection (a) or (d) of this

section, the Secretary shall give preference to qualified

applicants with the greatest financial need.

(f) Condition of agreement

The Secretary may make payments under subsection (a) of this

section on behalf of an individual only if the agreement under such

subsection provides that section 298b-7(c) (!1) of this title is

applicable to the individual.

(g) Breach of agreement

(1) In general

In the case of any program under this section under which an

individual makes an agreement to provide health services for a

period of time in accordance with such program in consideration

of receiving an award of Federal funds regarding education as a

nurse (including an award for the repayment of loans), the

following applies if the agreement provides that this subsection

is applicable:

(A) In the case of a program under this section that makes an

award of Federal funds for attending an accredited program of

nursing (in this section referred to as a "nursing program"),

the individual is liable to the Federal Government for the

amount of such award (including amounts provided for expenses

related to such attendance), and for interest on such amount at

the maximum legal prevailing rate, if the individual -

(i) fails to maintain an acceptable level of academic

standing in the nursing program (as indicated by the program

in accordance with requirements established by the

Secretary);

(ii) is dismissed from the nursing program for disciplinary

reasons; or

(iii) voluntarily terminates the nursing program.

(B) The individual is liable to the Federal Government for

the amount of such award (including amounts provided for

expenses related to such attendance), and for interest on such

amount at the maximum legal prevailing rate, if the individual

fails to provide health services in accordance with the program

under this section for the period of time applicable under the

program.

(2) Waiver or suspension of liability

In the case of an individual or health facility making an

agreement for purposes of paragraph (1), the Secretary shall

provide for the waiver or suspension of liability under such

subsection if compliance by the individual or the health

facility, as the case may be, with the agreements involved is

impossible, or would involve extreme hardship to the individual

or facility, and if enforcement of the agreements with respect to

the individual or facility would be unconscionable.

(3) Date certain for recovery

Subject to paragraph (2), any amount that the Federal

Government is entitled to recover under paragraph (1) shall be

paid to the United States not later than the expiration of the

3-year period beginning on the date the United States becomes so

entitled.

(4) Availability

Amounts recovered under paragraph (1) with respect to a program

under this section shall be available for the purposes of such

program, and shall remain available for such purposes until

expended.

(h) Reports

Not later than 18 months after August 1, 2002, and annually

thereafter, the Secretary shall prepare and submit to the Congress

a report describing the programs carried out under this section,

including statements regarding -

(1) the number of enrollees, scholarships, loan repayments, and

grant recipients;

(2) the number of graduates;

(3) the amount of scholarship payments and loan repayments

made;

(4) which educational institution the recipients attended;

(5) the number and placement location of the scholarship and

loan repayment recipients at health care facilities with a

critical shortage of nurses;

(6) the default rate and actions required;

(7) the amount of outstanding default funds of both the

scholarship and loan repayment programs;

(8) to the extent that it can be determined, the reason for the

default;

(9) the demographics of the individuals participating in the

scholarship and loan repayment programs;

(10) justification for the allocation of funds between the

scholarship and loan repayment programs; and

(11) an evaluation of the overall costs and benefits of the

programs.

(i) Funding

(1) Authorization of appropriations

For the purpose of payments under agreements entered into under

subsection (a) or (d) of this section, there are authorized to be

appropriated such sums as may be necessary for each of fiscal

years 2003 through 2007.

(2) Allocations

Of the amounts appropriated under paragraph (1), the Secretary

may, as determined appropriate by the Secretary, allocate amounts

between the program under subsection (a) of this section and the

program under subsection (d) of this section.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 846, as added Pub. L.

102-408, title II, Sec. 211(a)(3), Oct. 13, 1992, 106 Stat. 2078;

amended Pub. L. 105-392, title I, Sec. 133(d), Nov. 13, 1998, 112

Stat. 3576; Pub. L. 107-205, title I, Sec. 103, Aug. 1, 2002, 116

Stat. 813.)

-REFTEXT-

REFERENCES IN TEXT

Subpart II, referred to in subsec. (a)(2), probably should be

"this part" to reflect the redesignation of subpart II of former

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.

Section 298b-7(c) of this title, referred to in subsec. (f), was

repealed by Pub. L. 105-392, title I, Sec. 123(1), Nov. 13, 1998,

112 Stat. 3562.

-MISC1-

PRIOR PROVISIONS

A prior section 297n, act July 1, 1944, ch. 373, title VIII, Sec.

847, as added Nov. 4, 1988, Pub. L. 100-607, title VII, Sec. 716,

102 Stat. 3163; amended Nov. 18, 1988, Pub. L. 100-690, title II,

Sec. 2616(b), 102 Stat. 4240, established a demonstration program

for student loans with respect to service in certain health care

facilities in underserved areas, prior to repeal by Pub. L.

102-408, title II, Sec. 210, Oct. 13, 1992, 106 Stat. 2078.

A prior section 846 of act July 1, 1944, was classified to

section 297k of this title and was repealed by Pub. L. 97-35.

AMENDMENTS

2002 - Pub. L. 107-205, Sec. 103(b)(1), substituted "Loan

repayment and scholarship programs" for "Loan repayment program" in

section catchline.

Subsec. (a). Pub. L. 107-205, Sec. 103(a)(2), inserted at end of

concluding provisions "After fiscal year 2007, the Secretary may

not, pursuant to any agreement entered into under this subsection,

assign a nurse to any private entity unless that entity is

nonprofit."

Subsec. (a)(3). Pub. L. 107-205, Sec. 103(a)(1), substituted "at

a health care facility with a critical shortage of nurses" for "in

an Indian Health Service health center, in a Native Hawaiian health

center, in a public hospital, in a migrant health center, in a

community health center, in a rural health clinic, or in a public

or nonprofit private health facility determined by the Secretary to

have a critical shortage of nurses".

Subsec. (d). Pub. L. 107-205, Sec. 103(b)(4), added subsec. (d).

Former subsec. (d) redesignated (f).

Subsec. (e). Pub. L. 107-205, Sec. 103(c), substituted "under

subsection (a) or (d) of this section, the Secretary shall give

preference to qualified applicants with the greatest financial

need." for "under subsection (a) of this section, the Secretary

shall give preference -

"(1) to qualified applicants with the greatest financial need;

and

"(2) to qualified applicants that, with respect to health

facilities described in such subsection, agree to serve in such

health facilities located in geographic areas with a shortage of

and need for nurses, as determined by the Secretary."

Subsec. (f). Pub. L. 107-205, Sec. 103(b)(2), (3), redesignated

subsec. (d) as (f) and transferred it to appear after subsec. (e).

Former subsec. (f) redesignated (h).

Subsec. (g). Pub. L. 107-205, Sec. 103(b)(2), (3), redesignated

subsec. (h) as (g) and transferred it to appear after subsec. (f).

Former subsec. (g) redesignated (i).

Subsec. (h). Pub. L. 107-205, Sec. 103(b)(2), (d), redesignated

subsec. (f) as (h) and amended it generally. Prior to amendment,

text of subsec. read as follows: "For purposes of this section:

"(1) The term 'community health center' has the meaning given

such term in section 254c(a) of this title.

"(2) The term 'migrant health center' has the meaning given

such term in section 254b(a)(1) of this title.

"(3) The term 'rural health clinic' has the meaning given such

term in section 1395x(aa)(2) of this title."

Former subsec. (h) redesignated (g).

Subsec. (i). Pub. L. 107-205, Sec. 103(b)(2), (e), redesignated

subsec. (g) as (i) and amended it generally. Prior to amendment,

text of subsec. read as follows: "For the purpose of payments under

agreements entered into under subsection (a) of this section, there

are authorized to be appropriated $5,000,000 for fiscal year 1993,

and $6,000,000 for fiscal year 1994."

1998 - Subsec. (h). Pub. L. 105-392 added subsec. (h).

REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH

CENTER CONSIDERED REFERENCE TO HEALTH CENTER

Reference to community health center, migrant health center,

public housing health center, or homeless health center considered

reference to health center, see section 4(c) of Pub. L. 104-299,

set out as a note under section 254b of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 297n-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part E - Student Loans

-HEAD-

Sec. 297n-1. Nurse faculty loan program

-STATUTE-

(a) Establishment

The Secretary, acting through the Administrator of the Health

Resources and Services Administration, may enter into an agreement

with any school of nursing for the establishment and operation of a

student loan fund in accordance with this section, to increase the

number of qualified nursing faculty.

(b) Agreements

Each agreement entered into under subsection (a) of this section

shall -

(1) provide for the establishment of a student loan fund by the

school involved;

(2) provide for deposit in the fund of -

(A) the Federal capital contributions to the fund;

(B) an amount equal to not less than one-ninth of such

Federal capital contributions, contributed by such school;

(C) collections of principal and interest on loans made from

the fund; and

(D) any other earnings of the fund;

(3) provide that the fund will be used only for loans to

students of the school in accordance with subsection (c) of this

section and for costs of collection of such loans and interest

thereon;

(4) provide that loans may be made from such fund only to

students pursuing a full-time course of study or, at the

discretion of the Secretary, a part-time course of study in an

advanced degree program described in section 296j(b) of this

title; and

(5) contain such other provisions as are necessary to protect

the financial interests of the United States.

(c) Loan provisions

Loans from any student loan fund established by a school pursuant

to an agreement under subsection (a) of this section shall be made

to an individual on such terms and conditions as the school may

determine, except that -

(1) such terms and conditions are subject to any conditions,

limitations, and requirements prescribed by the Secretary;

(2) in the case of any individual, the total of the loans for

any academic year made by schools of nursing from loan funds

established pursuant to agreements under subsection (a) of this

section may not exceed $30,000, plus any amount determined by the

Secretary on an annual basis to reflect inflation;

(3) an amount up to 85 percent of any such loan (plus interest

thereon) shall be canceled by the school as follows:

(A) upon completion by the individual of each of the first,

second, and third year of full-time employment, required by the

loan agreement entered into under this subsection, as a faculty

member in a school of nursing, the school shall cancel 20

percent of the principle of, and the interest on, the amount of

such loan unpaid on the first day of such employment; and

(B) upon completion by the individual of the fourth year of

full-time employment, required by the loan agreement entered

into under this subsection, as a faculty member in a school of

nursing, the school shall cancel 25 percent of the principle

of, and the interest on, the amount of such loan unpaid on the

first day of such employment;

(4) such a loan may be used to pay the cost of tuition, fees,

books, laboratory expenses, and other reasonable education

expenses;

(5) such a loan shall be repayable in equal or graduated

periodic installments (with the right of the borrower to

accelerate repayment) over the 10-year period that begins 9

months after the individual ceases to pursue a course of study at

a school of nursing; and

(6) such a loan shall -

(A) beginning on the date that is 3 months after the

individual ceases to pursue a course of study at a school of

nursing, bear interest on the unpaid balance of the loan at the

rate of 3 percent per annum; or

(B) subject to subsection (e) of this section, if the school

of nursing determines that the individual will not complete

such course of study or serve as a faculty member as required

under the loan agreement under this subsection, bear interest

on the unpaid balance of the loan at the prevailing market

rate.

(d) Payment of proportionate share

Where all or any part of a loan, or interest, is canceled under

this section, the Secretary shall pay to the school an amount equal

to the school's proportionate share of the canceled portion, as

determined by the Secretary.

(e) Review by Secretary

At the request of the individual involved, the Secretary may

review any determination by a school of nursing under subsection

(c)(6)(B) of this section.

(f) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary for each of fiscal years 2003 through

2007.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 846A, as added Pub. L.

107-205, title II, Sec. 203, Aug. 1, 2002, 116 Stat. 817.)

-End-

-CITE-

42 USC Part F - Funding 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part F - Funding

-HEAD-

PART F - FUNDING

-End-

-CITE-

42 USC Sec. 297q 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part F - Funding

-HEAD-

Sec. 297q. Funding

-STATUTE-

(a) Authorization of appropriations

For the purpose of carrying out parts B, C, and D of this

subchapter (subject to section 297t(g) of this title), there are

authorized to be appropriated $65,000,000 for fiscal year 1998, and

such sums as may be necessary for each of the fiscal years 1999

through 2002.

(b) Allocations for fiscal years 1998 through 2002

(1) Nurse practitioners; nurse midwives

(A) Fiscal year 1998

Of the amount appropriated under subsection (a) of this

section for fiscal year 1998, the Secretary shall reserve not

less than $17,564,000 for making awards of grants and contracts

under section 296m of this title as such section was in effect

for fiscal year 1998.

(B) Fiscal years 1999 through 2002

Of the amount appropriated under subsection (a) of this

section for fiscal year 1999 or any of the fiscal years 2000

through 2002, the Secretary, subject to subsection (d) of this

section, shall reserve for the fiscal year involved, for making

awards of grants and contracts under part B of this subchapter

with respect to nurse practitioners and nurse midwives, not

less than the percentage constituted by the ratio of the amount

appropriated under section 296m of this title as such section

was in effect for fiscal year 1998 to the total of the amounts

appropriated under this subchapter for such fiscal year. For

purposes of the preceding sentence, the Secretary, in

determining the amount that has been reserved for the fiscal

year involved, shall include any amounts appropriated under

subsection (a) of this section for the fiscal year that are

obligated by the Secretary to continue in effect grants or

contracts under section 296m of this title as such section was

in effect for fiscal year 1998.

(2) Nurse anesthetists

(A) Fiscal year 1998

Of the amount appropriated under subsection (a) of this

section for fiscal year 1998, the Secretary shall reserve not

less than $2,761,000 for making awards of grants and contracts

under section 297-1 of this title as such section was in effect

for fiscal year 1998.

(B) Fiscal years 1999 through 2002

Of the amount appropriated under subsection (a) of this

section for fiscal year 1999 or any of the fiscal years 2000

through 2002, the Secretary, subject to subsection (d) of this

section, shall reserve for the fiscal year involved, for making

awards of grants and contracts under part B of this subchapter

with respect to nurse anesthetists, not less than the

percentage constituted by the ratio of the amount appropriated

under section 297-1 of this title as such section was in effect

for fiscal year 1998 to the total of the amounts appropriated

under this subchapter for such fiscal year. For purposes of the

preceding sentence, the Secretary, in determining the amount

that has been reserved for the fiscal year involved, shall

include any amounts appropriated under subsection (a) of this

section for the fiscal year that are obligated by the Secretary

to continue in effect grants or contracts under section 297-1

of this title as such section was in effect for fiscal year

1998.

(c) Allocations after fiscal year 2002

(1) In general

For fiscal year 2003 and subsequent fiscal years, amounts

appropriated under subsection (a) of this section for the fiscal

year involved shall be allocated by the Secretary among parts B,

C, and D of this subchapter (and programs within such parts)

according to a methodology that is developed in accordance with

paragraph (2). The Secretary shall enter into a contract with a

public or private entity for the purpose of developing the

methodology. The contract shall require that the development of

the methodology be completed not later than February 1, 2002.

(2) Use of certain factors

The contract under paragraph (1) shall provide that the

methodology under such paragraph will be developed in accordance

with the following:

(A) The methodology will take into account the need for and

the distribution of health services among medically underserved

populations, as determined according to the factors that apply

under section 254b(b)(3) of this title.

(B) The methodology will take into account the need for and

the distribution of health services in health professional

shortage areas, as determined according to the factors that

apply under section 254e(b) of this title.

(C) The methodology will take into account the need for and

the distribution of mental health services among medically

underserved populations and in health professional shortage

areas.

(D) The methodology will be developed in consultation with

individuals in the field of nursing, including registered

nurses, nurse practitioners, nurse midwives, nurse

anesthetists, clinical nurse specialists, nursing educators and

educational institutions, nurse executives, pediatric nurse

associates and practitioners, and women's health, obstetric,

and neonatal nurses.

(E) The methodology will take into account the following

factors with respect to the States:

(i) A provider population ratio equivalent to a managed

care formula of 1/1,500 for primary care services.

(ii) The use of whole rather than fractional counts in

determining the number of health care providers.

(iii) The counting of only employed health care providers

in determining the number of health care providers.

(iv) The number of families whose income is less than 200

percent of the official poverty line (as established by the

Director of the Office of Management and Budget and revised

by the Secretary in accordance with section 9902(2) of this

title).

(v) The rate of infant mortality and the rate of

low-birthweight births.

(vi) The percentage of the general population constituted

by individuals who are members of racial or ethnic minority

groups, stated both by minority group and in the aggregate.

(vii) The percentage of the general population constituted

by individuals who are of Hispanic ethnicity.

(viii) The number of individuals residing in health

professional shortage areas, and the number of individuals

who are members of medically underserved populations.

(ix) The percentage of the general population constituted

by elderly individuals.

(x) The extent to which the populations served have a

choice of providers.

(xi) The impact of care on hospitalizations and emergency

room use.

(xii) The number of individuals who lack proficiency in

speaking the English language.

(xiii) Such additional factors as the Secretary determines

to be appropriate.

(3) Report to Congress

Not later than 30 days after the completion of the development

of the methodology required in paragraph (1), the Secretary shall

submit to the Committee on Commerce of the House of

Representatives, and to the Committee on Labor and Human

Resources of the Senate, a report describing the methodology and

explaining the effects of the methodology on the allocation among

parts B, C, and D of this subchapter (and programs within such

parts) of amounts appropriated under subsection (a) of this

section for the first fiscal year for which the methodology will

be in effect. Such explanation shall include a comparison of the

allocation for such fiscal year with the allocation made under

this section for the preceding fiscal year.

(d) Use of methodology before fiscal year 2003

With respect to the fiscal years 1999 through 2002, if the report

required in subsection (c)(3) of this section is submitted in

accordance with such subsection not later than 90 days before the

beginning of such a fiscal year, the Secretary may for such year

implement the methodology described in the report (rather than

implementing the methodology in fiscal year 2003), in which case

subsection (b) of this section ceases to be in effect. The

authority under the preceding sentence is subject to the condition

that the fiscal year for which the methodology is implemented be

the same fiscal year identified in such report as the fiscal year

for which the methodology will first be in effect.

(e) Authority for use of additional factors in methodology

(1) In general

The Secretary shall make the determinations specified in

paragraph (2). For any fiscal year beginning after the first

fiscal year for which the methodology under subsection (c)(1) of

this section is in effect, the Secretary may alter the

methodology by including the information from such determinations

as factors in the methodology.

(2) Relevant determinations

The determinations referred to in paragraph (1) are as follows:

(A) The need for and the distribution of health services

among populations for which it is difficult to determine the

number of individuals who are in the population, such as

homeless individuals; migratory and seasonal agricultural

workers and their families; individuals infected with the human

immunodeficiency virus, and individuals who abuse drugs.

(B) In the case of a population for which the determinations

under subparagraph (A) are made, the extent to which the

population includes individuals who are members of racial or

ethnic minority groups and a specification of the skills needed

to provide health services to such individuals in the language

and the educational and cultural context that is most

appropriate to the individuals.

(C) Data, obtained from the Director of the Centers for

Disease Control and Prevention, on rates of morbidity and

mortality among various populations (including data on the

rates of maternal and infant mortality and data on the rates of

low-birthweight births of living infants).

(D) Data from the Health Plan Employer Data and Information

Set, as appropriate.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 841, as added Pub. L.

105-392, title I, Sec. 123(5), Nov. 13, 1998, 112 Stat. 3569.)

-REFTEXT-

REFERENCES IN TEXT

Section 296m of this title, referred to in subsec. (b)(1), was

repealed and a new section 296m was enacted by Pub. L. 105-392,

title I, Sec. 123(1), (4), Nov. 13, 1998, 112 Stat. 3562, 3568.

Section 297-1 of this title, referred to in subsec. (b)(2), was

repealed by Pub. L. 105-392, title I, Sec. 123(1), Nov. 13, 1998,

112 Stat. 3562.

-MISC1-

PRIOR PROVISIONS

A prior section 841 of act July 1, 1944, was classified to

section 297h of this title prior to repeal by Pub. L. 99-92.

Another prior section 841 of act July 1, 1944, was renumbered

section 851, and was classified to section 298 of this title prior

to repeal by Pub. L. 105-392.

-CHANGE-

CHANGE OF NAME

Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-End-

-CITE-

42 USC Part G - National Advisory Council on Nurse

Education and Practice 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part G - National Advisory Council on Nurse Education and Practice

-HEAD-

PART G - NATIONAL ADVISORY COUNCIL ON NURSE EDUCATION AND PRACTICE

-End-

-CITE-

42 USC Sec. 297t 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part G - National Advisory Council on Nurse Education and Practice

-HEAD-

Sec. 297t. National Advisory Council on Nurse Education and

Practice

-STATUTE-

(a) Establishment

The Secretary shall establish an advisory council to be known as

the National Advisory Council on Nurse Education and Practice (in

this section referred to as the "Advisory Council").

(b) Composition

(1) In general

The Advisory Council shall be composed of -

(A) not less than 21, nor more than 23 individuals, who are

not officers or employees of the Federal Government, appointed

by the Secretary without regard to the Federal civil service

laws, of which -

(i) 2 shall be selected from full-time students enrolled in

schools of nursing;

(ii) 2 shall be selected from the general public;

(iii) 2 shall be selected from practicing professional

nurses; and

(iv) 9 shall be selected from among the leading authorities

in the various fields of nursing, higher, secondary

education, and associate degree schools of nursing, and from

representatives of advanced education nursing groups (such as

nurse practitioners, nurse midwives, and nurse anesthetists),

hospitals, and other institutions and organizations which

provide nursing services; and

(B) the Secretary (or the delegate of the Secretary (who

shall be an ex officio member and shall serve as the

Chairperson)).

(2) Appointment

Not later than 90 days after November 13, 1998, the Secretary

shall appoint the members of the Advisory Council and each such

member shall serve a 4 year term. In making such appointments,

the Secretary shall ensure a fair balance between the nursing

professions, a broad geographic representation of members and a

balance between urban and rural members. Members shall be

appointed based on their competence, interest, and knowledge of

the mission of the profession involved. A majority of the members

shall be nurses.

(3) Minority representation

In appointing the members of the Advisory Council under

paragraph (1), the Secretary shall ensure the adequate

representation of minorities.

(c) Vacancies

(1) In general

A vacancy on the Advisory Council shall be filled in the manner

in which the original appointment was made and shall be subject

to any conditions which applied with respect to the original

appointment.

(2) Filling unexpired term

An individual chosen to fill a vacancy shall be appointed for

the unexpired term of the member replaced.

(d) Duties

The Advisory Council shall -

(1) provide advice and recommendations to the Secretary and

Congress concerning policy matters arising in the administration

of this subchapter, including the range of issues relating to the

nurse workforce, education, and practice improvement;

(2) provide advice to the Secretary and Congress in the

preparation of general regulations and with respect to policy

matters arising in the administration of this subchapter,

including the range of issues relating to nurse supply, education

and practice improvement; and

(3) not later than 3 years after November 13, 1998, and

annually thereafter, prepare and submit to the Secretary, the

Committee on Labor and Human Resources of the Senate, and the

Committee on Commerce of the House of Representatives, a report

describing the activities of the Council, including findings and

recommendations made by the Council concerning the activities

under this subchapter.

(e) Meetings and documents

(1) Meetings

The Advisory Council shall meet not less than 2 times each

year. Such meetings shall be held jointly with other related

entities established under this subchapter where appropriate.

(2) Documents

Not later than 14 days prior to the convening of a meeting

under paragraph (1), the Advisory Council shall prepare and make

available an agenda of the matters to be considered by the

Advisory Council at such meeting. At any such meeting, the

Advisory Council shall distribute materials with respect to the

issues to be addressed at the meeting. Not later than 30 days

after the adjourning of such a meeting, the Advisory Council

shall prepare and make available a summary of the meeting and any

actions taken by the Council based upon the meeting.

(f) Compensation and expenses

(1) Compensation

Each member of the Advisory Council shall be compensated at a

rate equal to the daily equivalent of the annual rate of basic

pay prescribed for level IV of the Executive Schedule under

section 5315 of title 5 for each day (including travel time)

during which such member is engaged in the performance of the

duties of the Council. All members of the Council who are

officers or employees of the United States shall serve without

compensation in addition to that received for their services as

officers or employees of the United States.

(2) Expenses

The members of the Advisory Council shall be allowed travel

expenses, including per diem in lieu of subsistence, at rates

authorized for employees of agencies under subchapter I of

chapter 57 of title 5 while away from their homes or regular

places of business in the performance of services for the

Council.

(g) Funding

Amounts appropriated under this subchapter may be utilized by the

Secretary to support the nurse education and practice activities of

the Council.

(h) FACA

The Federal Advisory Committee Act shall apply to the Advisory

Committee under this section only to the extent that the provisions

of such Act do not conflict with the requirements of this section.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 845, as added Pub. L.

105-392, title I, Sec. 123(5), Nov. 13, 1998, 112 Stat. 3572.)

-REFTEXT-

REFERENCES IN TEXT

The Federal civil-service laws, referred to in subsec. (b)(1)(A),

are set forth in Title 5, Government Organization and Employees.

See, particularly, section 3301 et seq. of Title 5.

The Federal Advisory Committee Act, referred to in subsec. (h),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

November 13, 1998, referred to in subsec. (b)(2), was in the

original "the date of enactment of this Act", which was translated

as meaning the date of enactment of Pub. L. 105-392, which enacted

this part, to reflect the probable intent of Congress.

-MISC1-

PRIOR PROVISIONS

A prior section 845 of act July 1, 1944, was classified to

section 297j of this title, prior to repeal by Pub. L. 99-92.

-CHANGE-

CHANGE OF NAME

Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-MISC2-

TERMINATION OF ADVISORY COMMITTEES

Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a

note under section 217a of this title, provided that an advisory

committee established pursuant to the Public Health Service Act

shall terminate at such time as may be specifically prescribed by

an Act of Congress enacted after Jan. 4, 1975.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Part H - Public Service Announcements 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part H - Public Service Announcements

-HEAD-

PART H - PUBLIC SERVICE ANNOUNCEMENTS

-End-

-CITE-

42 USC Sec. 297w 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part H - Public Service Announcements

-HEAD-

Sec. 297w. Public service announcements

-STATUTE-

(a) In general

The Secretary shall develop and issue public service

announcements that advertise and promote the nursing profession,

highlight the advantages and rewards of nursing, and encourage

individuals to enter the nursing profession.

(b) Method

The public service announcements described in subsection (a) of

this section shall be broadcast through appropriate media outlets,

including television or radio, in a manner intended to reach as

wide and diverse an audience as possible.

(c) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary for each of fiscal years 2003 through

2007.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 851, as added Pub. L.

107-205, title I, Sec. 102, Aug. 1, 2002, 116 Stat. 812.)

-MISC1-

PRIOR PROVISIONS

A prior section 851 of act July 1, 1944, was classified to

section 298 of this title, prior to repeal by Pub. L. 105-392.

-End-

-CITE-

42 USC Sec. 297x 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part H - Public Service Announcements

-HEAD-

Sec. 297x. State and local public service announcements

-STATUTE-

(a) In general

The Secretary may award grants to eligible entities to support

State and local advertising campaigns through appropriate media

outlets to promote the nursing profession, highlight the advantages

and rewards of nursing, and encourage individuals from

disadvantaged backgrounds to enter the nursing profession.

(b) Use of funds

An eligible entity that receives a grant under subsection (a) of

this section shall use funds received through such grant to acquire

local television and radio time, place advertisements in local

newspapers, or post information on billboards or on the Internet in

a manner intended to reach as wide and diverse an audience as

possible, in order to -

(1) advertise and promote the nursing profession;

(2) promote nursing education programs;

(3) inform the public of financial assistance regarding such

education programs;

(4) highlight individuals in the community who are practicing

nursing in order to recruit new nurses; or

(5) provide any other information to recruit individuals for

the nursing profession.

(c) Limitation

An eligible entity that receives a grant under subsection (a) of

this section shall not use funds received through such grant to

advertise particular employment opportunities.

(d) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary for each of fiscal years 2003 through

2007.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 852, as added Pub. L.

107-205, title I, Sec. 102, Aug. 1, 2002, 116 Stat. 812.)

-MISC1-

PRIOR PROVISIONS

A prior section 852 of act July 1, 1944, was classified to

section 298a of this title, prior to repeal by Pub. L. 105-392.

-End-

-CITE-

42 USC Part I - Comprehensive Geriatric Education 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part I - Comprehensive Geriatric Education

-HEAD-

PART I - COMPREHENSIVE GERIATRIC EDUCATION

-End-

-CITE-

42 USC Sec. 298 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

Part I - Comprehensive Geriatric Education

-HEAD-

Sec. 298. Comprehensive geriatric education

-STATUTE-

(a) Program authorized

The Secretary shall award grants to eligible entities to develop

and implement, in coordination with programs under section 294c of

this title, programs and initiatives to train and educate

individuals in providing geriatric care for the elderly.

(b) Use of funds

An eligible entity that receives a grant under subsection (a) of

this section shall use funds under such grant to -

(1) provide training to individuals who will provide geriatric

care for the elderly;

(2) develop and disseminate curricula relating to the treatment

of the health problems of elderly individuals;

(3) train faculty members in geriatrics; or

(4) provide continuing education to individuals who provide

geriatric care.

(c) Application

An eligible entity desiring a grant under subsection (a) of this

section shall submit an application to the Secretary at such time,

in such manner, and containing such information as the Secretary

may reasonably require.

(d) Eligible entity

For purposes of this section, the term "eligible entity" includes

a school of nursing, a health care facility, a program leading to

certification as a certified nurse assistant, a partnership of such

a school and facility, or a partnership of such a program and

facility.

(e) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary for each of fiscal years 2003 through

2007.

-SOURCE-

(July 1, 1944, ch. 373, title VIII, Sec. 855, as added Pub. L.

107-205, title II, Sec. 202(a), Aug. 1, 2002, 116 Stat. 816.)

-MISC1-

PRIOR PROVISIONS

A prior section 298, act July 1, 1944, ch. 373, title VIII, Sec.

851, formerly Sec. 841, as added Pub. L. 88-581, Sec. 2, Sept. 4,

1964, 78 Stat. 917; amended Pub. L. 89-751, Sec. 3(b), Nov. 3,

1966, 80 Stat. 1230; Pub. L. 91-515, title VI, Sec. 601(b)(2), Oct.

30, 1970, 84 Stat. 1311; Pub. L. 92-158, Secs. 9, 13, Nov. 18,

1971, 85 Stat. 479, 480; renumbered Sec. 851 and amended Pub. L.

94-63, title IX, Sec. 941(k)(1), (2), July 29, 1975, 89 Stat. 366;

Pub. L. 97-35, title XXVII, Sec. 2759(a), Aug. 13, 1981, 95 Stat.

932; Pub. L. 99-92, Sec. 9(d), Aug. 16, 1985, 99 Stat. 402; Pub. L.

100-607, title VII, Sec. 721(a), Nov. 4, 1988, 102 Stat. 3165; Pub.

L. 102-408, title II, Sec. 212, Oct. 13, 1992, 106 Stat. 2079,

related to Advisory Council on Nurse Education and Practice, prior

to repeal by Pub. L. 105-392, title I, Sec. 123(1), Nov. 13, 1998,

112 Stat. 3562. See section 297t of this title.

A prior section 855 of act July 1, 1944, was classified to

section 298b-2 of this title, prior to renumbering by Pub. L.

105-392 and transfer to section 296g of this title.

Prior sections 298a to 298b-1 were repealed by Pub. L. 105-392,

title I, Sec. 123(1), Nov. 13, 1998, 112 Stat. 3562.

Section 298a, act July 1, 1944, ch. 373, title VIII, Sec. 852,

formerly Sec. 842, as added Pub. L. 88-581, Sec. 2, Sept. 4, 1964,

78 Stat. 918; renumbered Sec. 852 and amended Pub. L. 94-63, title

IX, Sec. 941(k)(1), July 29, 1975, 89 Stat. 366, directed Federal

noninterference with administration of institutions.

Section 298b, act July 1, 1944, ch. 373, title VIII, Sec. 853,

formerly Sec. 843, as added Pub. L. 88-581, Sec. 2, Sept. 4, 1964,

78 Stat. 918; amended Pub. L. 89-290, Sec. 5(b), Oct. 22, 1965, 79

Stat. 1058; Pub. L. 90-490, title II, Secs. 203, 204, 213, 231,

Aug. 16, 1968, 82 Stat. 780, 783, 787; Pub. L. 92-158, Sec.

2(d)(1), (2), Nov. 18, 1971, 85 Stat. 467, 468; renumbered Sec. 853

and amended Pub. L. 94-63, title IX, Sec. 941(k)(1), (3), July 29,

1975, 89 Stat. 366, 367; Pub. L. 96-32, Sec. 7(k), July 10, 1979,

93 Stat. 84; Pub. L. 97-35, title XXVII, Sec. 2759(b), Aug. 13,

1981, 95 Stat. 932; Pub. L. 99-92, Sec. 9(e), (f), Aug. 16, 1985,

99 Stat. 402; Pub. L. 102-408, title II, Sec. 202(b), Oct. 13,

1992, 106 Stat. 2071, defined terms.

Section 298b-1, act July 1, 1944, ch. 373, title VIII, Sec. 854,

formerly Sec. 844, as added Pub. L. 92-158, Sec. 10, Nov. 18, 1971,

85 Stat. 479; renumbered Sec. 854, Pub. L. 94-63, title IX, Sec.

941(k)(1), July 29, 1975, 89 Stat. 366, authorized advance funding

for grants, contracts, or other payments.

A prior section 298b-2, act July 1, 1944, ch. 373, title VIII,

Sec. 855, formerly Sec. 845, as added Pub. L. 92-158, Sec. 11, Nov.

18, 1971, 85 Stat. 479; renumbered Sec. 855, Pub. L. 94-63, title

IX, Sec. 941(k)(1), July 29, 1975, 89 Stat. 366, which prohibited

discrimination by schools on basis of sex, was renumbered section

810 of act July 1, 1944, by Pub. L. 105-392 and transferred to

section 296g of this title.

Prior sections 298b-3 to 298b-5 were repealed by Pub. L. 105-392,

title I, Sec. 123(1), Nov. 13, 1998, 112 Stat. 3562.

Section 298b-3, act July 1, 1944, ch. 373, title VIII, Sec. 856,

as added Pub. L. 94-63, title IX, Sec. 941(k)(4), July 29, 1975, 89

Stat. 367; amended Pub. L. 97-35, title XXVII, Sec. 2759(c), Aug.

13, 1981, 95 Stat. 932; Pub. L. 100-607, title VII, Sec. 721(b)(2),

Nov. 4, 1988, 102 Stat. 3165, related to delegation of authority to

administer programs.

Section 298b-4, act July 1, 1944, ch. 373, title VIII, Sec. 857,

as added Pub. L. 97-414, Sec. 8(m), Jan. 4, 1983, 96 Stat. 2061,

authorized use of funds to provide technical assistance.

Section 298b-5, act July 1, 1944, ch. 373, title VIII, Sec. 858,

formerly Sec. 804, as added Pub. L. 88-581, Sec. 2, Sept. 4, 1964,

78 Stat. 911; amended Pub. L. 92-158, Secs. 2(d)(3), 13, Nov. 18,

1971, 85 Stat. 468, 480; Pub. L. 94-63, title IX, Sec. 941(c), July

29, 1975, 89 Stat. 364; renumbered Sec. 858 and amended Pub. L.

99-92, Sec. 9(c)(1), Aug. 16, 1985, 99 Stat. 400; Pub. L. 99-129,

title II, Sec. 207(e)(1)-(3), Oct. 22, 1985, 99 Stat. 529,

described conditions for United States recovery for construction

assistance.

A prior section 298b-6, act July 1, 1944, ch. 373, title VIII,

Sec. 859, as added Nov. 4, 1988, Pub. L. 100-607, title VII, Sec.

722, 102 Stat. 3165; amended Oct. 13, 1992, Pub. L. 102-408, title

II, Sec. 213, 106 Stat. 2080, directed Secretary to provide for

evaluations of projects carried out pursuant to this subchapter and

submit reports to Congress summarizing evaluations, and made one

percent of amount appropriated each fiscal year available to carry

out section, prior to repeal by Pub. L. 104-66, title I, Sec.

1061(c), Dec. 21, 1995, 109 Stat. 719.

A prior section 298b-7, act July 1, 1944, ch. 373, title VIII,

Sec. 860, as added Pub. L. 102-408, title II, Sec. 209, Oct. 13,

1992, 106 Stat. 2075; amended Pub. L. 102-531, title III, Sec.

313(a)(10), Oct. 27, 1992, 106 Stat. 3507; Pub. L. 103-43, title

XX, Sec. 2014(g), June 10, 1993, 107 Stat. 217, set forth certain

generally applicable provisions, prior to repeal by Pub. L.

105-392, title I, Sec. 123(1), Nov. 13, 1998, 112 Stat. 3562.

A prior section 298c, act July 1, 1944, ch. 373, title VIII, Sec.

860, as added Aug. 16, 1968, Pub. L. 90-490, title II, Sec. 223(a),

82 Stat. 785; amended July 9, 1971, Pub. L. 92-52, Sec. 4, 85 Stat.

145; Nov. 18, 1971, Pub. L. 92-158, Sec. 7, 85 Stat. 478, which

related to scholarship grants, was renumbered section 845 of act

July 1, 1944, by Pub. L. 94-63 and transferred to section 297j of

this title and subsequently repealed.

Another prior section 298c, act July 1, 1944, ch. 373, title

VIII, Sec. 861, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b),

80 Stat. 1236, stated the purposes of opportunity grants for

nursing education and authorized appropriations of $3,000,000,

$5,000,000, and $7,000,000 for fiscal years ending June 30, 1967,

1968, and 1969, respectively, to be available for payments to

institutions until close of fiscal year succeeding fiscal year for

which appropriated, prior to the reorganization and amendment of

this subchapter by Pub. L. 90-490.

A prior section 298c-1, act July 1, 1944, ch. 373, title VIII,

Sec. 861, as added Aug. 16, 1968, Pub. L. 90-490, title II, Sec.

223(a), 82 Stat. 786, related to transfers to student loan program,

was renumbered section 846 of act July 1, 1944, by Pub. L. 94-63

and transferred to section 297k of this title and subsequently

repealed.

Another prior section 298c-1, act July 1, 1944, ch. 373, title

VIII, Sec. 862, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b),

80 Stat. 1237, prescribed amount of nursing educational opportunity

grant and provided for its annual determination, prior to the

reorganization and amendment of this subchapter by Pub. L. 90-490.

Sections 298c-2 to 298c-6 were omitted in the reorganization and

amendment of this subchapter by Pub. L. 90-490, title II, Sec. 223,

Aug. 16, 1968, 82 Stat. 785.

Section 298c-2, act July 1, 1944, ch. 373, title VIII, Sec. 863,

as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 1237,

related to duration of a nursing educational opportunity grant.

Section 298c-3, act July 1, 1944, ch. 373, title VIII, Sec. 864,

as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 1238,

related to selection of recipients of nursing educational

opportunity grants.

Section 298c-4, act July 1, 1944, ch. 373, title VIII, Sec. 865,

as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 1238,

related to allotment of nursing educational opportunity grant funds

among States.

Section 298c-5, act July 1, 1944, ch. 373, title VIII, Sec. 866,

as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 1238,

related to allocation of allotted funds to schools of nursing.

Section 298c-6, act July 1, 1944, ch. 373, title VIII, Sec. 867,

as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 1239,

related to agreements with schools of nursing.

A prior section 298c-7, act July 1, 1944, ch. 373, title VIII,

Sec. 868, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80

Stat. 1239; amended Nov. 18, 1971, Pub. L. 92-158, Sec. 8, 85 Stat.

478; July 29, 1975, Pub. L. 94-63, title IX, Sec. 902(g), 89 Stat.

355, authorized grants and contracts to encourage full utilization

of educational talent for nursing profession and authorized

appropriations from fiscal year ending June 30, 1972 through fiscal

year ending June 30, 1975 for implementation, prior to repeal by

Pub. L. 94-63, title IX, Secs. 905, 931(b), July 29, 1975, 89 Stat.

355, 362, effective July 1, 1975.

A prior section 298c-8, act July 1, 1944, ch. 373, title VIII,

Sec. 869, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80

Stat. 1240, defined "academic year", prior to repeal by Pub. L.

94-63, title IX, Secs. 941(j)(4), 942, July 29, 1975, 89 Stat. 366,

367, effective July 1, 1975.

-End-

-CITE-

42 USC SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH

AND QUALITY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

-HEAD-

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

-MISC1-

PRIOR PROVISIONS

A prior subchapter VII, related to the Agency for Health Care

Policy and Research and consisted of sections 299 to 299c-6, prior

to the general amendment of this subchapter by Pub. L. 106-129,

Sec. 2(a), Dec. 6, 1999, 113 Stat. 1653.

Another prior subchapter VII, related to education, research,

training, and demonstrations in heart disease, cancer, stroke, and

related diseases and consisted of sections 299 to 299j, prior to

repeal by Pub. L. 99-117, Sec. 12(d), Oct. 7, 1985, 99 Stat. 495.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 242b, 242l of this

title.

-End-

-CITE-

42 USC Part A - Establishment and General Duties 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part A - Establishment and General Duties

-HEAD-

PART A - ESTABLISHMENT AND GENERAL DUTIES

-End-

-CITE-

42 USC Sec. 299 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part A - Establishment and General Duties

-HEAD-

Sec. 299. Mission and duties

-STATUTE-

(a) In general

There is established within the Public Health Service an agency

to be known as the Agency for Healthcare Research and Quality,

which shall be headed by a director appointed by the Secretary. The

Secretary shall carry out this subchapter acting through the

Director.

(b) Mission

The purpose of the Agency is to enhance the quality,

appropriateness, and effectiveness of health services, and access

to such services, through the establishment of a broad base of

scientific research and through the promotion of improvements in

clinical and health system practices, including the prevention of

diseases and other health conditions. The Agency shall promote

health care quality improvement by conducting and supporting -

(1) research that develops and presents scientific evidence

regarding all aspects of health care, including -

(A) the development and assessment of methods for enhancing

patient participation in their own care and for facilitating

shared patient-physician decision-making;

(B) the outcomes, effectiveness, and cost-effectiveness of

health care practices, including preventive measures and

long-term care;

(C) existing and innovative technologies;

(D) the costs and utilization of, and access to health care;

(E) the ways in which health care services are organized,

delivered, and financed and the interaction and impact of these

factors on the quality of patient care;

(F) methods for measuring quality and strategies for

improving quality; and

(G) ways in which patients, consumers, purchasers, and

practitioners acquire new information about best practices and

health benefits, the determinants and impact of their use of

this information;

(2) the synthesis and dissemination of available scientific

evidence for use by patients, consumers, practitioners,

providers, purchasers, policy makers, and educators; and

(3) initiatives to advance private and public efforts to

improve health care quality.

(c) Requirements with respect to rural and inner-city areas and

priority populations

(1) Research, evaluations and demonstration projects

In carrying out this subchapter, the Director shall conduct and

support research and evaluations, and support demonstration

projects, with respect to -

(A) the delivery of health care in inner-city areas, and in

rural areas (including frontier areas); and

(B) health care for priority populations, which shall include

-

(i) low-income groups;

(ii) minority groups;

(iii) women;

(iv) children;

(v) the elderly; and

(vi) individuals with special health care needs, including

individuals with disabilities and individuals who need

chronic care or end-of-life health care.

(2) Process to ensure appropriate research

The Director shall establish a process to ensure that the

requirements of paragraph (1) are reflected in the overall

portfolio of research conducted and supported by the Agency.

(3) Office of Priority Populations

The Director shall establish an Office of Priority Populations

to assist in carrying out the requirements of paragraph (1).

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 901, as added Pub. L.

106-129, Sec. 2(a), Dec. 6, 1999, 113 Stat. 1653.)

-MISC1-

PRIOR PROVISIONS

A prior section 299, act July 1, 1944, ch. 373, title IX, Sec.

901, as added Pub. L. 101-239, title VI, Sec. 6103(a), Dec. 19,

1989, 103 Stat. 2189; amended Pub. L. 102-410, Sec. 2(a), Oct. 13,

1992, 106 Stat. 2094, established the Agency for Health Care Policy

and Research, prior to the general amendment of this subchapter by

Pub. L. 106-129.

Another prior section 299, act July 1, 1944, ch. 373, title IX,

Sec. 900, as added Oct. 6, 1965, Pub. L. 89-239, Sec. 2, 79 Stat.

926; amended Oct. 30, 1970, Pub. L. 91-515, title I, Sec. 102, 84

Stat. 1297, set forth Congressional declaration of purpose of this

subchapter to encourage and assist regional cooperative

arrangements among medical schools, research institutions, and

hospitals for research, training and medical data exchange, and to

improve quality and capacity of health manpower and facilities

available throughout the nation, prior to repeal by Pub. L. 99-117,

Sec. 12(d), Oct. 7, 1985, 99 Stat. 495.

A prior section 901 of act July 1, 1944, was classified to

section 299a of this title prior to repeal by Pub. L. 99-117.

CONSTRUCTION

Pub. L. 106-129, Sec. 2(b), Dec. 6, 1999, 113 Stat. 1670,

provided that:

"(1) In general. - Section 901(a) of the Public Health Service

Act [subsec. (a) of this section] (as added by subsection (a) of

this section) applies as a redesignation of the agency that carried

out title IX of such Act [this subchapter] on the day before the

date of the enactment of this Act [Dec. 6, 1999], and not as the

termination of such agency and the establishment of a different

agency. The amendment made by subsection (a) of this section

[enacting this subchapter] does not affect appointments of the

personnel of such agency who were employed at the agency on the day

before such date, including the appointments of members of advisory

councils or study sections of the agency who were serving on the

day before such date of enactment.

"(2) References. - Any reference in law to the Agency for Health

Care Policy and Research is deemed to be a reference to the Agency

for Healthcare Research and Quality, and any reference in law to

the Administrator for Health Care Policy and Research is deemed to

be a reference to the Director of the Agency for Healthcare

Research and Quality."

TRANSITIONAL AND SAVINGS PROVISIONS

Section 6103(f) of Pub. L. 101-239 provided that personnel of the

Department of Health and Human Services employed, and Department

assets used in connection with Department functions, on Dec. 19,

1989, be transferred to the Administrator for Health Care Policy

and Research for appropriate allocation, and provided that orders,

rules, regulations, grants, contracts, certificates, licenses,

privileges, and other determinations, actions, or official

documents would continue in effect according to their terms unless

changed pursuant to law.

-EXEC-

EXECUTIVE ORDER NO. 13017

Ex. Ord. No. 13017, Sept. 5, 1996, 61 F.R. 47659, as amended by

Ex. Ord. No. 13040, Mar. 25, 1997, 62 F.R. 14773; Ex. Ord. No.

13056, July 21, 1997, 62 F.R. 39415, which established the Advisory

Commission on Consumer Protection and Quality in the Health Care

Industry, was revoked by Ex. Ord. No. 13138, Sec. 3(a), Sept. 30,

1999, 64 F.R. 53880, formerly set out as a note under section 14 of

the Federal Advisory Committee Act in the Appendix to Title 5,

Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 299b-2 of this title.

-End-

-CITE-

42 USC Sec. 299a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part A - Establishment and General Duties

-HEAD-

Sec. 299a. General authorities

-STATUTE-

(a) In general

In carrying out section 299(b) of this title, the Director shall

conduct and support research, evaluations, and training, support

demonstration projects, research networks, and multidisciplinary

centers, provide technical assistance, and disseminate information

on health care and on systems for the delivery of such care,

including activities with respect to -

(1) the quality, effectiveness, efficiency, appropriateness and

value of health care services;

(2) quality measurement and improvement;

(3) the outcomes, cost, cost-effectiveness, and use of health

care services and access to such services;

(4) clinical practice, including primary care and

practice-oriented research;

(5) health care technologies, facilities, and equipment;

(6) health care costs, productivity, organization, and market

forces;

(7) health promotion and disease prevention, including clinical

preventive services;

(8) health statistics, surveys, database development, and

epidemiology; and

(9) medical liability.

(b) Health services training grants

(1) In general

The Director may provide training grants in the field of health

services research related to activities authorized under

subsection (a) of this section, to include pre- and post-doctoral

fellowships and training programs, young investigator awards, and

other programs and activities as appropriate. In carrying out

this subsection, the Director shall make use of funds made

available under section 288(d)(3) of this title as well as other

appropriated funds.

(2) Requirements

In developing priorities for the allocation of training funds

under this subsection, the Director shall take into consideration

shortages in the number of trained researchers who are addressing

health care issues for the priority populations identified in

section 299(c)(1)(B) of this title and in addition, shall take

into consideration indications of long-term commitment, amongst

applicants for training funds, to addressing health care needs of

the priority populations.

(c) Multidisciplinary centers

The Director may provide financial assistance to assist in

meeting the costs of planning and establishing new centers, and

operating existing and new centers, for multidisciplinary health

services research, demonstration projects, evaluations, training,

and policy analysis with respect to the matters referred to in

subsection (a) of this section.

(d) Relation to certain authorities regarding social security

Activities authorized in this section shall be appropriately

coordinated with experiments, demonstration projects, and other

related activities authorized by the Social Security Act [42 U.S.C.

301 et seq.] and the Social Security Amendments of 1967. Activities

under subsection (a)(2) of this section that affect the programs

under titles XVIII, XIX and XXI of the Social Security Act [42

U.S.C. 1395 et seq., 1396 et seq., 1397aa et seq.] shall be carried

out consistent with section 1142 of such Act [42 U.S.C. 1320b-12].

(e) Disclaimer

The Agency shall not mandate national standards of clinical

practice or quality health care standards. Recommendations

resulting from projects funded and published by the Agency shall

include a corresponding disclaimer.

(f) Rule of construction

Nothing in this section shall be construed to imply that the

Agency's role is to mandate a national standard or specific

approach to quality measurement and reporting. In research and

quality improvement activities, the Agency shall consider a wide

range of choices, providers, health care delivery systems, and

individual preferences.

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 902, as added Pub. L.

106-129, Sec. 2(a), Dec. 6, 1999, 113 Stat. 1654; amended Pub. L.

106-525, title II, Sec. 201(a)(1), Nov. 22, 2000, 114 Stat. 2505.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (d), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified

generally to chapter 7 (Sec. 301 et seq.) of this title. Titles

XVIII, XIX, and XXI of the Act are classified generally to

subchapters XVIII (Sec. 1395 et seq.), XIX (Sec. 1396 et seq.), and

XXI (Sec. 1397aa et seq.) of chapter 7 of this title. For complete

classification of this Act to the Code, see section 1305 of this

title and Tables.

The Social Security Amendments of 1967, referred to in subsec.

(d), is Pub. L. 90-248, Jan. 2, 1968, 81 Stat. 821, as amended. For

complete classification of this Act to the Code, see Short Title of

1968 Amendment note set out under section 1305 of this title and

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 299a, act July 1, 1944, ch. 373, title IX, Sec.

902, as added Pub. L. 101-239, title VI, Sec. 6103(a), Dec. 19,

1989, 103 Stat. 2189; amended Pub. L. 101-639, Sec. 3(d), Nov. 28,

1990, 104 Stat. 4603; Pub. L. 102-410, Sec. 2(b), Oct. 13, 1992,

106 Stat. 2094, required Administrator to conduct and support

research, demonstration projects, evaluations, training, guideline

development, and dissemination of information on health care

services and on systems for delivery of such services, prior to the

general amendment of this subchapter by Pub. L. 106-129.

Another prior section 299a, act July 1, 1944, ch. 373, title IX,

Sec. 901, as added Oct. 6, 1965, Pub. L. 89-239, Sec. 2, 79 Stat.

926; amended Oct. 15, 1968, Pub. L. 90-574, title I, Secs. 101,

102, 107, 82 Stat. 1005, 1006; June 30, 1970, Pub. L. 91-296, title

IV, Sec. 401(b)(1)(F), 84 Stat. 352; Oct. 30, 1970, Pub. L. 91-515,

title I, Sec. 103, 84 Stat. 1298; June 18, 1973, Pub. L. 93-45,

title I, Sec. 110, 87 Stat. 93, authorized appropriations for

grants and contracts to carry out purposes of this subchapter and

set forth extent of and limitations on grants, prior to repeal by

Pub. L. 99-117, Sec. 12(d), Oct. 7, 1985, 99 Stat. 495.

A prior section 902 of act July 1, 1944, was classified to

section 299b of this title prior to repeal by Pub. L. 99-117.

AMENDMENTS

2000 - Subsec. (g). Pub. L. 106-525 struck out heading and text

of subsec. (g). Text read as follows: "Beginning with fiscal year

2003, the Director shall annually submit to the Congress a report

regarding prevailing disparities in health care delivery as it

relates to racial factors and socioeconomic factors in priority

populations."

REDUCING ADMINISTRATIVE HEALTH CARE COSTS

Pub. L. 103-43, title XIX, Sec. 1909, June 10, 1993, 107 Stat.

205, as amended by Pub. L. 106-129, Sec. 2(b)(2), Dec. 6, 1999, 113

Stat. 1670, provided that: "The Secretary of Health and Human

Services, acting through the Agency for Healthcare Research and

Quality and, to the extent possible, in consultation with the

Health Care Financing Administration, may fund research to develop

a text-based standardized billing process, through the utilization

of text-based information retrieval and natural language processing

techniques applied to automatic coding and analysis of textual

patient discharge summaries and other text-based electronic medical

records, within a parallel general purpose (shared memory) high

performance computing environment. The Secretary shall determine

whether such a standardized approach to medical billing, through

the utilization of the text-based hospital discharge summary as

well as electronic patient records can reduce the administrative

billing costs of health care delivery."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 299a-1 of this title.

-End-

-CITE-

42 USC Sec. 299a-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part A - Establishment and General Duties

-HEAD-

Sec. 299a-1. Research on health disparities

-STATUTE-

(a) In general

The Director shall -

(1) conduct and support research to identify populations for

which there is a significant disparity in the quality, outcomes,

cost, or use of health care services or access to and

satisfaction with such services, as compared to the general

population;

(2) conduct and support research on the causes of and barriers

to reducing the health disparities identified in paragraph (1),

taking into account such factors as socioeconomic status,

attitudes toward health, the language spoken, the extent of

formal education, the area or community in which the population

resides, and other factors the Director determines to be

appropriate;

(3) conduct and support research and support demonstration

projects to identify, test, and evaluate strategies for reducing

or eliminating health disparities, including development or

identification of effective service delivery models, and

disseminate effective strategies and models;

(4) develop measures and tools for the assessment and

improvement of the outcomes, quality, and appropriateness of

health care services provided to health disparity populations;

(5) in carrying out section 299a(c) of this title, provide

support to increase the number of researchers who are members of

health disparity populations, and the health services research

capacity of institutions that train such researchers; and

(6) beginning with fiscal year 2003, annually submit to the

Congress a report regarding prevailing disparities in health care

delivery as it relates to racial factors and socioeconomic

factors in priority populations.

(b) Research and demonstration projects

(1) In general

In carrying out subsection (a) of this section, the Director

shall conduct and support research and support demonstrations to

-

(A) identify the clinical, cultural, socioeconomic,

geographic, and organizational factors that contribute to

health disparities, including minority health disparity

populations, which research shall include behavioral research,

such as examination of patterns of clinical decisionmaking, and

research on access, outreach, and the availability of related

support services (such as cultural and linguistic services);

(B) identify and evaluate clinical and organizational

strategies to improve the quality, outcomes, and access to care

for health disparity populations, including minority health

disparity populations;

(C) test such strategies and widely disseminate those

strategies for which there is scientific evidence of

effectiveness; and

(D) determine the most effective approaches for disseminating

research findings to health disparity populations, including

minority populations.

(2) Use of certain strategies

In carrying out this section, the Director shall implement

research strategies and mechanisms that will enhance the

involvement of individuals who are members of minority health

disparity populations or other health disparity populations,

health services researchers who are such individuals,

institutions that train such individuals as researchers, members

of minority health disparity populations or other health

disparity populations for whom the Agency is attempting to

improve the quality and outcomes of care, and representatives of

appropriate tribal or other community-based organizations with

respect to health disparity populations. Such research strategies

and mechanisms may include the use of -

(A) centers of excellence that can demonstrate, either

individually or through consortia, a combination of

multi-disciplinary expertise in outcomes or quality improvement

research, linkages to relevant sites of care, and a

demonstrated capacity to involve members and communities of

health disparity populations, including minority health

disparity populations, in the planning, conduct, dissemination,

and translation of research;

(B) provider-based research networks, including health plans,

facilities, or delivery system sites of care (especially

primary care), that make extensive use of health care providers

who are members of health disparity populations or who serve

patients in such populations and have the capacity to evaluate

and promote quality improvement;

(C) service delivery models (such as health centers under

section 254b of this title and the Indian Health Service) to

reduce health disparities; and

(D) innovative mechanisms or strategies that will facilitate

the translation of past research investments into clinical

practices that can reasonably be expected to benefit these

populations.

(c) Quality measurement development

(1) In general

To ensure that health disparity populations, including minority

health disparity populations, benefit from the progress made in

the ability of individuals to measure the quality of health care

delivery, the Director shall support the development of quality

of health care measures that assess the experience of such

populations with health care systems, such as measures that

assess the access of such populations to health care, the

cultural competence of the care provided, the quality of the care

provided, the outcomes of care, or other aspects of health care

practice that the Director determines to be important.

(2) Examination of certain practices

The Director shall examine the practices of providers that have

a record of reducing health disparities or have experience in

providing culturally competent health services to minority health

disparity populations or other health disparity populations. In

examining such practices of providers funded under the

authorities of this chapter, the Director shall consult with the

heads of the relevant agencies of the Public Health Service.

(3) Report

Not later than 36 months after November 22, 2000, the

Secretary, acting through the Director, shall prepare and submit

to the appropriate committees of Congress a report describing the

state-of-the-art of quality measurement for minority and other

health disparity populations that will identify critical unmet

needs, the current activities of the Department to address those

needs, and a description of related activities in the private

sector.

(d) Definition

For purposes of this section:

(1) The term "health disparity population" has the meaning

given such term in section 287c-31 of this title, except that in

addition to the meaning so given, the Director may determine that

such term includes populations for which there is a significant

disparity in the quality, outcomes, cost, or use of health care

services or access to or satisfaction with such services as

compared to the general population.

(2) The term "minority", with respect to populations, refers to

racial and ethnic minority groups as defined in section 300u-6 of

this title.

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 903, as added Pub. L.

106-525, title II, Sec. 201(a)(2), Nov. 22, 2000, 114 Stat. 2505.)

-MISC1-

PRIOR PROVISIONS

A prior section 299a-1, act July 1, 1944, ch. 373, title IX, Sec.

903, as added Pub. L. 101-239, title VI, Sec. 6103(a), Dec. 19,

1989, 103 Stat. 2190; amended Pub. L. 102-410, Sec. 3, Oct. 13,

1992, 106 Stat. 2094; Pub. L. 103-43, title XIV, Sec. 1422(a), June

10, 1993, 107 Stat. 172, related to public dissemination of

information about studies and projects prior to the general

amendment of this subchapter by Pub. L. 106-129. See section 299c-3

of this title.

A prior section 903 of act July 1, 1944, was classified to

section 299c of this title prior to repeal by Pub. L. 99-117.

Prior sections 299a-2 and 299a-3 were omitted in the general

amendment of this subchapter by Pub. L. 106-129.

Section 299a-2, act July 1, 1944, ch. 373, title IX, Sec. 904, as

added Pub. L. 101-239, title VI, Sec. 6103(a), Dec. 19, 1989, 103

Stat. 2191; amended Pub. L. 102-410, Sec. 4(a), Oct. 13, 1992, 106

Stat. 2095; Pub. L. 103-43, title XX, Sec. 2013(1), June 10, 1993,

107 Stat. 214, related to health care technology assessment. See

section 299b-5 of this title.

Section 299a-3, act July 1, 1944, ch. 373, title IX, Sec. 905, as

added Pub. L. 105-115, title IV, Sec. 409, Nov. 21, 1997, 111 Stat.

2371, established demonstration program regarding centers for

education and research on therapeutics. See section 299b-1(b) of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 299c-6 of this title.

-End-

-CITE-

42 USC Part B - Health Care Improvement Research 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part B - Health Care Improvement Research

-HEAD-

PART B - HEALTH CARE IMPROVEMENT RESEARCH

-End-

-CITE-

42 USC Sec. 299b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part B - Health Care Improvement Research

-HEAD-

Sec. 299b. Health care outcome improvement research

-STATUTE-

(a) Evidence rating systems

In collaboration with experts from the public and private sector,

the Agency shall identify and disseminate methods or systems to

assess health care research results, particularly methods or

systems to rate the strength of the scientific evidence underlying

health care practice, recommendations in the research literature,

and technology assessments. The Agency shall make methods or

systems for evidence rating widely available. Agency publications

containing health care recommendations shall indicate the level of

substantiating evidence using such methods or systems.

(b) Health care improvement research centers and provider-based

research networks

(1) In general

In order to address the full continuum of care and outcomes

research, to link research to practice improvement, and to speed

the dissemination of research findings to community practice

settings, the Agency shall employ research strategies and

mechanisms that will link research directly with clinical

practice in geographically diverse locations throughout the

United States, including -

(A) health care improvement research centers that combine

demonstrated multidisciplinary expertise in outcomes or quality

improvement research with linkages to relevant sites of care;

(B) provider-based research networks, including plan,

facility, or delivery system sites of care (especially primary

care), that can evaluate outcomes and evaluate and promote

quality improvement; and

(C) other innovative mechanisms or strategies to link

research with clinical practice.

(2) Requirements

The Director is authorized to establish the requirements for

entities applying for grants under this subsection.

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 911, as added Pub. L.

106-129, Sec. 2(a), Dec. 6, 1999, 113 Stat. 1656.)

-MISC1-

PRIOR PROVISIONS

A prior section 299b, act July 1, 1944, ch. 373, title IX, Sec.

911, as added Pub. L. 101-239, title VI, Sec. 6103(a), Dec. 19,

1989, 103 Stat. 2192; amended Pub. L. 102-410, Sec. 5(b), Oct. 13,

1992, 106 Stat. 2097, related to establishment of Office of the

Forum for Quality and Effectiveness in Health Care, prior to the

general amendment of this subchapter by Pub. L. 106-129.

Another prior section 299b, act July 1, 1944, ch. 373, title IX,

Sec. 902, as added Oct. 6, 1965, Pub. L. 89-239, Sec. 2, 79 Stat.

927; amended Oct. 15, 1968, Pub. L. 90-574, title I, Sec. 103, 82

Stat. 1005; Oct. 30, 1970, Pub. L. 91-515, title I, Secs. 104,

111(b), 84 Stat. 1299, 1301, defined terms for purposes of this

subchapter, prior to repeal by Pub. L. 99-117, Sec. 12(d), Oct. 7,

1985, 99 Stat. 495.

-End-

-CITE-

42 USC Sec. 299b-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part B - Health Care Improvement Research

-HEAD-

Sec. 299b-1. Private-public partnerships to improve organization

and delivery

-STATUTE-

(a) Support for efforts to develop information on quality

(1) Scientific and technical support

In its role as the principal agency for health care research

and quality, the Agency may provide scientific and technical

support for private and public efforts to improve health care

quality, including the activities of accrediting organizations.

(2) Role of the Agency

With respect to paragraph (1), the role of the Agency shall

include -

(A) the identification and assessment of methods for the

evaluation of the health of -

(i) enrollees in health plans by type of plan, provider,

and provider arrangements; and

(ii) other populations, including those receiving long-term

care services;

(B) the ongoing development, testing, and dissemination of

quality measures, including measures of health and functional

outcomes;

(C) the compilation and dissemination of health care quality

measures developed in the private and public sector;

(D) assistance in the development of improved health care

information systems;

(E) the development of survey tools for the purpose of

measuring participant and beneficiary assessments of their

health care; and

(F) identifying and disseminating information on mechanisms

for the integration of information on quality into purchaser

and consumer decision-making processes.

(b) Centers for education and research on therapeutics

(1) In general

The Secretary, acting through the Director and in consultation

with the Commissioner of Food and Drugs, shall establish a

program for the purpose of making one or more grants for the

establishment and operation of one or more centers to carry out

the activities specified in paragraph (2).

(2) Required activities

The activities referred to in this paragraph are the following:

(A) The conduct of state-of-the-art research for the

following purposes:

(i) To increase awareness of -

(I) new uses of drugs, biological products, and devices;

(II) ways to improve the effective use of drugs,

biological products, and devices; and

(III) risks of new uses and risks of combinations of

drugs and biological products.

(ii) To provide objective clinical information to the

following individuals and entities:

(I) Health care practitioners and other providers of

health care goods or services.

(II) Pharmacists, pharmacy benefit managers and

purchasers.

(III) Health maintenance organizations and other managed

health care organizations.

(IV) Health care insurers and governmental agencies.

(V) Patients and consumers.

(iii) To improve the quality of health care while reducing

the cost of health care through -

(I) an increase in the appropriate use of drugs,

biological products, or devices; and

(II) the prevention of adverse effects of drugs,

biological products, and devices and the consequences of

such effects, such as unnecessary hospitalizations.

(B) The conduct of research on the comparative effectiveness,

cost-effectiveness, and safety of drugs, biological products,

and devices.

(C) Such other activities as the Secretary determines to be

appropriate, except that a grant may not be expended to assist

the Secretary in the review of new drugs, biological products,

and devices.

(c) Reducing errors in medicine

The Director shall conduct and support research and build

private-public partnerships to -

(1) identify the causes of preventable health care errors and

patient injury in health care delivery;

(2) develop, demonstrate, and evaluate strategies for reducing

errors and improving patient safety; and

(3) disseminate such effective strategies throughout the health

care industry.

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 912, as added Pub. L.

106-129, Sec. 2(a), Dec. 6, 1999, 113 Stat. 1656.)

-MISC1-

PRIOR PROVISIONS

A prior section 299b-1, act July 1, 1944, ch. 373, title IX, Sec.

912, as added Pub. L. 101-239, title VI, Sec. 6103(a), Dec. 19,

1989, 103 Stat. 2192; amended Pub. L. 102-410, Secs. 5(a)(1),

(c)(1), 6(b), Oct. 13, 1992, 106 Stat. 2096, 2097, 2100, related to

the duties of the Office of the Forum for Quality and Effectiveness

in Health Care, prior to the general amendment of this subchapter

by Pub. L. 106-129.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1320b-12 of this title.

-End-

-CITE-

42 USC Sec. 299b-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part B - Health Care Improvement Research

-HEAD-

Sec. 299b-2. Information on quality and cost of care

-STATUTE-

(a) In general

The Director shall -

(1) conduct a survey to collect data on a nationally

representative sample of the population on the cost, use and, for

fiscal year 2001 and subsequent fiscal years, quality of health

care, including the types of health care services Americans use,

their access to health care services, frequency of use, how much

is paid for the services used, the source of those payments, the

types and costs of private health insurance, access,

satisfaction, and quality of care for the general population

including rural residents and also for populations identified in

section 299(c) of this title; and

(2) develop databases and tools that provide information to

States on the quality, access, and use of health care services

provided to their residents.

(b) Quality and outcomes information

(1) In general

Beginning in fiscal year 2001, the Director shall ensure that

the survey conducted under subsection (a)(1) of this section will

-

(A) identify determinants of health outcomes and functional

status, including the health care needs of populations

identified in section 299(c) of this title, provide data to

study the relationships between health care quality, outcomes,

access, use, and cost, measure changes over time, and monitor

the overall national impact of Federal and State policy changes

on health care;

(B) provide information on the quality of care and patient

outcomes for frequently occurring clinical conditions for a

nationally representative sample of the population including

rural residents; and

(C) provide reliable national estimates for children and

persons with special health care needs through the use of

supplements or periodic expansions of the survey.

In expanding the Medical Expenditure Panel Survey, as in

existence on December 6, 1999, in fiscal year 2001 to collect

information on the quality of care, the Director shall take into

account any outcomes measurements generally collected by private

sector accreditation organizations.

(2) Annual report

Beginning in fiscal year 2003, the Secretary, acting through

the Director, shall submit to Congress an annual report on

national trends in the quality of health care provided to the

American people.

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 913, as added Pub. L.

106-129, Sec. 2(a), Dec. 6, 1999, 113 Stat. 1658.)

-COD-

CODIFICATION

December 6, 1999, referred to in subsec. (b)(1), was in the

original "the date of the enactment of this title", which was

translated as meaning the date of enactment of Pub. L. 106-129,

which amended this subchapter generally, to reflect the probable

intent of Congress.

-MISC1-

PRIOR PROVISIONS

A prior section 299b-2, act July 1, 1944, ch. 373, title IX, Sec.

913, as added Pub. L. 101-239, title VI, Sec. 6103(a), Dec. 19,

1989, 103 Stat. 2193; amended Pub. L. 102-410, Sec. 5(c)(2),

(f)(1)(A), Oct. 13, 1992, 106 Stat. 2097, 2098, related to

development of guidelines and standards, prior to the general

amendment of this subchapter by Pub. L. 106-129.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1320b-12 of this title.

-End-

-CITE-

42 USC Sec. 299b-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part B - Health Care Improvement Research

-HEAD-

Sec. 299b-3. Information systems for health care improvement

-STATUTE-

(a) In general

In order to foster a range of innovative approaches to the

management and communication of health information, the Agency

shall conduct and support research, evaluations, and initiatives to

advance -

(1) the use of information systems for the study of health care

quality and outcomes, including the generation of both individual

provider and plan-level comparative performance data;

(2) training for health care practitioners and researchers in

the use of information systems;

(3) the creation of effective linkages between various sources

of health information, including the development of information

networks;

(4) the delivery and coordination of evidence-based health care

services, including the use of real-time health care

decision-support programs;

(5) the utility and comparability of health information data

and medical vocabularies by addressing issues related to the

content, structure, definitions and coding of such information

and data in consultation with appropriate Federal, State and

private entities;

(6) the use of computer-based health records in all settings

for the development of personal health records for individual

health assessment and maintenance, and for monitoring public

health and outcomes of care within populations; and

(7) the protection of individually identifiable information in

health services research and health care quality improvement.

(b) Demonstration

The Agency shall support demonstrations into the use of new

information tools aimed at improving shared decision-making between

patients and their care-givers.

(c) Facilitating public access to information

The Director shall work with appropriate public and private

sector entities to facilitate public access to information

regarding the quality of and consumer satisfaction with health

care.

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 914, as added Pub. L.

106-129, Sec. 2(a), Dec. 6, 1999, 113 Stat. 1658.)

-MISC1-

PRIOR PROVISIONS

A prior section 299b-3, act July 1, 1944, ch. 373, title IX, Sec.

914, as added Pub. L. 101-239, title VI, Sec. 6103(a), Dec. 19,

1989, 103 Stat. 2193; amended Pub. L. 102-410, Secs. 5(c)(3), 6(a),

7, Oct. 13, 1992, 106 Stat. 2097, 2099, 2100; Pub. L. 103-43, title

XX, Sec. 2013(2), June 10, 1993, 107 Stat. 215, related to creation

of an agenda and additional requirements, prior to the general

amendment of this subchapter by Pub. L. 106-129.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1320b-12 of this title.

-End-

-CITE-

42 USC Sec. 299b-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part B - Health Care Improvement Research

-HEAD-

Sec. 299b-4. Research supporting primary care and access in

underserved areas

-STATUTE-

(a) Preventive Services Task Force

(1) Establishment and purpose

The Director may periodically convene a Preventive Services

Task Force to be composed of individuals with appropriate

expertise. Such a task force shall review the scientific evidence

related to the effectiveness, appropriateness, and

cost-effectiveness of clinical preventive services for the

purpose of developing recommendations for the health care

community, and updating previous clinical preventive

recommendations.

(2) Role of Agency

The Agency shall provide ongoing administrative, research, and

technical support for the operations of the Preventive Services

Task Force, including coordinating and supporting the

dissemination of the recommendations of the Task Force.

(3) Operation

In carrying out its responsibilities under paragraph (1), the

Task Force is not subject to the provisions of Appendix 2 of

title 5.

(b) Primary care research

(1) In general

There is established within the Agency a Center for Primary

Care Research (referred to in this subsection as the "Center")

that shall serve as the principal source of funding for primary

care practice research in the Department of Health and Human

Services. For purposes of this paragraph, primary care research

focuses on the first contact when illness or health concerns

arise, the diagnosis, treatment or referral to specialty care,

preventive care, and the relationship between the clinician and

the patient in the context of the family and community.

(2) Research

In carrying out this section, the Center shall conduct and

support research concerning -

(A) the nature and characteristics of primary care practice;

(B) the management of commonly occurring clinical problems;

(C) the management of undifferentiated clinical problems; and

(D) the continuity and coordination of health services.

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 915, as added Pub. L.

106-129, Sec. 2(a), Dec. 6, 1999, 113 Stat. 1659.)

-REFTEXT-

REFERENCES IN TEXT

Appendix 2 of title 5, referred to in subsec. (a)(3), probably

means the Federal Advisory Committee Act, Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 770, as amended, which is set out in the Appendix to

Title 5, Government Organization and Employees.

-End-

-CITE-

42 USC Sec. 299b-4a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part B - Health Care Improvement Research

-HEAD-

Sec. 299b-4a. Studies on preventive interventions in primary care

for older Americans

-STATUTE-

(a) Studies

The Secretary of Health and Human Services, acting through the

United States Preventive Services Task Force, shall conduct a

series of studies designed to identify preventive interventions

that can be delivered in the primary care setting and that are most

valuable to older Americans.

(b) Mission statement

The mission statement of the United States Preventive Services

Task Force is amended to include the evaluation of services that

are of particular relevance to older Americans.

(c) Report

Not later than 1 year after December 21, 2000, and annually

thereafter, the Secretary of Health and Human Services shall submit

to Congress a report on the conclusions of the studies conducted

under subsection (a) of this section, together with recommendations

for such legislation and administrative actions as the Secretary

considers appropriate.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(6) [title I, Sec. 126], Dec. 21, 2000,

114 Stat. 2763, 2763A-479.)

-COD-

CODIFICATION

Section was enacted as part of the Medicare, Medicaid, and SCHIP

Benefits Improvement and Protection Act of 2000, and also as part

of the Consolidated Appropriations Act, 2001, and not as part of

the Public Health Service Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 299b-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part B - Health Care Improvement Research

-HEAD-

Sec. 299b-5. Health care practice and technology innovation

-STATUTE-

(a) In general

The Director shall promote innovation in evidence-based health

care practices and technologies by -

(1) conducting and supporting research on the development,

diffusion, and use of health care technology;

(2) developing, evaluating, and disseminating methodologies for

assessments of health care practices and technologies;

(3) conducting intramural and supporting extramural assessments

of existing and new health care practices and technologies;

(4) promoting education and training and providing technical

assistance in the use of health care practice and technology

assessment methodologies and results; and

(5) working with the National Library of Medicine and the

public and private sector to develop an electronic clearinghouse

of currently available assessments and those in progress.

(b) Specification of process

(1) In general

Not later than December 31, 2000, the Director shall develop

and publish a description of the methods used by the Agency and

its contractors for health care practice and technology

assessment.

(2) Consultations

In carrying out this subsection, the Director shall cooperate

and consult with the Assistant Secretary for Health, the

Administrator of the Health Care Financing Administration, the

Director of the National Institutes of Health, the Commissioner

of Food and Drugs, and the heads of any other interested Federal

department or agency, and shall seek input, where appropriate,

from professional societies and other private and public

entities.

(3) Methodology

The Director shall, in developing the methods used under

paragraph (1), consider -

(A) safety, efficacy, and effectiveness;

(B) legal, social, and ethical implications;

(C) costs, benefits, and cost-effectiveness;

(D) comparisons to alternate health care practices and

technologies; and

(E) requirements of Food and Drug Administration approval to

avoid duplication.

(c) Specific assessments

(1) In general

The Director shall conduct or support specific assessments of

health care technologies and practices.

(2) Requests for assessments

The Director is authorized to conduct or support assessments,

on a reimbursable basis, for the Health Care Financing

Administration, the Department of Defense, the Department of

Veterans Affairs, the Office of Personnel Management, and other

public or private entities.

(3) Grants and contracts

In addition to conducting assessments, the Director may make

grants to, or enter into cooperative agreements or contracts

with, entities described in paragraph (4) for the purpose of

conducting assessments of experimental, emerging, existing, or

potentially outmoded health care technologies, and for related

activities.

(4) Eligible entities

An entity described in this paragraph is an entity that is

determined to be appropriate by the Director, including academic

medical centers, research institutions and organizations,

professional organizations, third party payers, governmental

agencies, minority institutions of higher education (such as

Historically Black Colleges and Universities, and Hispanic

institutions), and consortia of appropriate research entities

established for the purpose of conducting technology assessments.

(d) Medical examination of certain victims

(1) In general

The Director shall develop and disseminate a report on

evidence-based clinical practices for -

(A) the examination and treatment by health professionals of

individuals who are victims of sexual assault (including child

molestation) or attempted sexual assault; and

(B) the training of health professionals, in consultation

with the Health Resources and Services Administration, on

performing medical evidentiary examinations of individuals who

are victims of child abuse or neglect, sexual assault, elder

abuse, or domestic violence.

(2) Certain considerations

In identifying the issues to be addressed by the report, the

Director shall, to the extent practicable, take into

consideration the expertise and experience of Federal and State

law enforcement officials regarding the victims referred to in

paragraph (1), and of other appropriate public and private

entities (including medical societies, victim services

organizations, sexual assault prevention organizations, and

social services organizations).

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 916, as added Pub. L.

106-129, Sec. 2(a), Dec. 6, 1999, 113 Stat. 1660.)

-End-

-CITE-

42 USC Sec. 299b-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part B - Health Care Improvement Research

-HEAD-

Sec. 299b-6. Coordination of Federal Government quality improvement

efforts

-STATUTE-

(a) Requirement

(1) In general

To avoid duplication and ensure that Federal resources are used

efficiently and effectively, the Secretary, acting through the

Director, shall coordinate all research, evaluations, and

demonstrations related to health services research, quality

measurement and quality improvement activities undertaken and

supported by the Federal Government.

(2) Specific activities

The Director, in collaboration with the appropriate Federal

officials representing all concerned executive agencies and

departments, shall develop and manage a process to -

(A) improve interagency coordination, priority setting, and

the use and sharing of research findings and data pertaining to

Federal quality improvement programs, technology assessment,

and health services research;

(B) strengthen the research information infrastructure,

including databases, pertaining to Federal health services

research and health care quality improvement initiatives;

(C) set specific goals for participating agencies and

departments to further health services research and health care

quality improvement; and

(D) strengthen the management of Federal health care quality

improvement programs.

(b) Study by the Institute of Medicine

(1) In general

To provide Congress, the Department of Health and Human

Services, and other relevant departments with an independent,

external review of their quality oversight, quality improvement

and quality research programs, the Secretary shall enter into a

contract with the Institute of Medicine -

(A) to describe and evaluate current quality improvement,

quality research and quality monitoring processes through -

(i) an overview of pertinent health services research

activities and quality improvement efforts conducted by all

Federal programs, with particular attention paid to those

under titles XVIII, XIX, and XXI of the Social Security Act

[42 U.S.C. 1395 et seq., 1396 et seq., 1397aa et seq.]; and

(ii) a summary of the partnerships that the Department of

Health and Human Services has pursued with private

accreditation, quality measurement and improvement

organizations; and

(B) to identify options and make recommendations to improve

the efficiency and effectiveness of quality improvement

programs through -

(i) the improved coordination of activities across the

medicare, medicaid and child health insurance programs under

titles XVIII, XIX and XXI of the Social Security Act and

health services research programs;

(ii) the strengthening of patient choice and participation

by incorporating state-of-the-art quality monitoring tools

and making information on quality available; and

(iii) the enhancement of the most effective programs,

consolidation as appropriate, and elimination of duplicative

activities within various Federal agencies.

(2) Requirements

(A) In general

The Secretary shall enter into a contract with the Institute

of Medicine for the preparation -

(i) not later than 12 months after December 6, 1999, of a

report providing an overview of the quality improvement

programs of the Department of Health and Human Services for

the medicare, medicaid, and CHIP programs under titles XVIII,

XIX, and XXI of the Social Security Act; and

(ii) not later than 24 months after December 6, 1999, of a

final report containing recommendations.

(B) Reports

The Secretary shall submit the reports described in

subparagraph (A) to the Committee on Finance and the Committee

on Health, Education, Labor, and Pensions of the Senate and the

Committee on Ways and Means and the Committee on Commerce of

the House of Representatives.

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 917, as added Pub. L.

106-129, Sec. 2(a), Dec. 6, 1999, 113 Stat. 1661.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (b), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII, XIX, and

XXI of the Act are classified generally to subchapters XVIII (Sec.

1395 et seq.), XIX (Sec. 1396 et seq.), and XXI (Sec. 1397aa et

seq.) of chapter 7 of this title, respectively. For complete

classification of this Act to the Code, see section 1305 of this

title and Tables.

-COD-

CODIFICATION

December 6, 1999, referred to in subsec. (b)(2)(A), was in the

original "the date of the enactment of this title", which was

translated as meaning the date of enactment of Pub. L. 106-129,

which amended this subchapter generally, to reflect the probable

intent of Congress.

-CHANGE-

CHANGE OF NAME

Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-End-

-CITE-

42 USC Part C - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part C - General Provisions

-HEAD-

PART C - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 299c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part C - General Provisions

-HEAD-

Sec. 299c. Advisory Council for Healthcare Research and Quality

-STATUTE-

(a) Establishment

There is established an advisory council to be known as the

National Advisory Council for Healthcare Research and Quality.

(b) Duties

(1) In general

The Advisory Council shall advise the Secretary and the

Director with respect to activities proposed or undertaken to

carry out the mission of the Agency under section 299(b) of this

title.

(2) Certain recommendations

Activities of the Advisory Council under paragraph (1) shall

include making recommendations to the Director regarding -

(A) priorities regarding health care research, especially

studies related to quality, outcomes, cost and the utilization

of, and access to, health care services;

(B) the field of health care research and related

disciplines, especially issues related to training needs, and

dissemination of information pertaining to health care quality;

and

(C) the appropriate role of the Agency in each of these areas

in light of private sector activity and identification of

opportunities for public-private sector partnerships.

(c) Membership

(1) In general

The Advisory Council shall, in accordance with this subsection,

be composed of appointed members and ex officio members. All

members of the Advisory Council shall be voting members other

than the individuals designated under paragraph (3)(B) as ex

officio members.

(2) Appointed members

The Secretary shall appoint to the Advisory Council 21

appropriately qualified individuals. At least 17 members of the

Advisory Council shall be representatives of the public who are

not officers or employees of the United States and at least 1

member who shall be a specialist in the rural aspects of 1 or

more of the professions or fields described in subparagraphs (A)

through (G). The Secretary shall ensure that the appointed

members of the Council, as a group, are representative of

professions and entities concerned with, or affected by,

activities under this subchapter and under section 1320b-12 of

this title. Of such members -

(A) three shall be individuals distinguished in the conduct

of research, demonstration projects, and evaluations with

respect to health care;

(B) three shall be individuals distinguished in the fields of

health care quality research or health care improvement;

(C) three shall be individuals distinguished in the practice

of medicine of which at least one shall be a primary care

practitioner;

(D) three shall be individuals distinguished in the other

health professions;

(E) three shall be individuals either representing the

private health care sector, including health plans, providers,

and purchasers or individuals distinguished as administrators

of health care delivery systems;

(F) three shall be individuals distinguished in the fields of

health care economics, information systems, law, ethics,

business, or public policy; and

(G) three shall be individuals representing the interests of

patients and consumers of health care.

(3) Ex officio members

The Secretary shall designate as ex officio members of the

Advisory Council -

(A) the Assistant Secretary for Health, the Director of the

National Institutes of Health, the Director of the Centers for

Disease Control and Prevention, the Administrator of the Health

Care Financing Administration, the Commissioner of the Food and

Drug Administration, the Director of the Office of Personnel

Management, the Assistant Secretary of Defense (Health

Affairs), and the Under Secretary for Health of the Department

of Veterans Affairs; and

(B) such other Federal officials as the Secretary may

consider appropriate.

(d) Terms

(1) In general

Members of the Advisory Council appointed under subsection

(c)(2) of this section shall serve for a term of 3 years.

(2) Staggered terms

To ensure the staggered rotation of one-third of the members of

the Advisory Council each year, the Secretary is authorized to

appoint the initial members of the Advisory Council for terms of

1, 2, or 3 years.

(3) Service beyond term

A member of the Council appointed under subsection (c)(2) of

this section may continue to serve after the expiration of the

term of the members until a successor is appointed.

(e) Vacancies

If a member of the Advisory Council appointed under subsection

(c)(2) of this section does not serve the full term applicable

under subsection (d) of this section, the individual appointed to

fill the resulting vacancy shall be appointed for the remainder of

the term of the predecessor of the individual.

(f) Chair

The Director shall, from among the members of the Advisory

Council appointed under subsection (c)(2) of this section,

designate an individual to serve as the chair of the Advisory

Council.

(g) Meetings

The Advisory Council shall meet not less than once during each

discrete 4-month period and shall otherwise meet at the call of the

Director or the chair.

(h) Compensation and reimbursement of expenses

(1) Appointed members

Members of the Advisory Council appointed under subsection

(c)(2) of this section shall receive compensation for each day

(including travel time) engaged in carrying out the duties of the

Advisory Council unless declined by the member. Such compensation

may not be in an amount in excess of the daily equivalent of the

annual rate of basic pay prescribed for level IV of the Executive

Schedule under section 5315 of title 5 for each day during which

such member is engaged in the performance of the duties of the

Advisory Council.

(2) Ex officio members

Officials designated under subsection (c)(3) of this section as

ex officio members of the Advisory Council may not receive

compensation for service on the Advisory Council in addition to

the compensation otherwise received for duties carried out as

officers of the United States.

(i) Staff

The Director shall provide to the Advisory Council such staff,

information, and other assistance as may be necessary to carry out

the duties of the Council.

(j) Duration

Notwithstanding section 14(a) of the Federal Advisory Committee

Act, the Advisory Council shall continue in existence until

otherwise provided by law.

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 921, as added Pub. L.

106-129, Sec. 2(a), Dec. 6, 1999, 113 Stat. 1663.)

-REFTEXT-

REFERENCES IN TEXT

Section 14(a) of the Federal Advisory Committee Act, referred to

in subsec. (j), is section 14(a) of Pub. L. 92-463, which is set

out in the Appendix to Title 5.

-MISC1-

PRIOR PROVISIONS

A prior section 299c, act July 1, 1944, ch. 373, title IX, Sec.

921, as added Pub. L. 101-239, title VI, Sec. 6103(c), Dec. 19,

1989, 103 Stat. 2199; amended Pub. L. 102-410, Sec. 8, Oct. 13,

1992, 106 Stat. 2100, established the Advisory Council for Health

Care Policy, Research, and Evaluation, prior to the general

amendment of this subchapter by Pub. L. 106-129.

Another prior section 299c, act July 1, 1944, ch. 373, title IX,

Sec. 903, as added Oct. 6, 1965, Pub. L. 89-239, Sec. 2, 79 Stat.

927; amended Oct. 15, 1968, Pub. L. 90-574, title I, Sec. 104, 82

Stat. 1005; Oct. 30, 1970, Pub. L. 91-515, title I, Secs. 105,

111(b), 84 Stat. 1299, 1301, authorized Secretary to make planning

grants and set forth requirements for grant applications, prior to

repeal by Pub. L. 99-117, Sec. 12(d), Oct. 7, 1985, 99 Stat. 495.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 299c-7 of this title.

-End-

-CITE-

42 USC Sec. 299c-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part C - General Provisions

-HEAD-

Sec. 299c-1. Peer review with respect to grants and contracts

-STATUTE-

(a) Requirement of review

(1) In general

Appropriate technical and scientific peer review shall be

conducted with respect to each application for a grant,

cooperative agreement, or contract under this subchapter.

(2) Reports to Director

Each peer review group to which an application is submitted

pursuant to paragraph (1) shall report its finding and

recommendations respecting the application to the Director in

such form and in such manner as the Director shall require.

(b) Approval as precondition of awards

The Director may not approve an application described in

subsection (a)(1) of this section unless the application is

recommended for approval by a peer review group established under

subsection (c) of this section.

(c) Establishment of peer review groups

(1) In general

The Director shall establish such technical and scientific peer

review groups as may be necessary to carry out this section. Such

groups shall be established without regard to the provisions of

title 5 that govern appointments in the competitive service, and

without regard to the provisions of chapter 51, and subchapter

III of chapter 53, of such title that relate to classification

and pay rates under the General Schedule.

(2) Membership

The members of any peer review group established under this

section shall be appointed from among individuals who by virtue

of their training or experience are eminently qualified to carry

out the duties of such peer review group. Officers and employees

of the United States may not constitute more than 25 percent of

the membership of any such group. Such officers and employees may

not receive compensation for service on such groups in addition

to the compensation otherwise received for these duties carried

out as such officers and employees.

(3) Duration

Notwithstanding section 14(a) of the Federal Advisory Committee

Act, peer review groups established under this section may

continue in existence until otherwise provided by law.

(4) Qualifications

Members of any peer review group shall, at a minimum, meet the

following requirements:

(A) Such members shall agree in writing to treat information

received, pursuant to their work for the group, as confidential

information, except that this subparagraph shall not apply to

public records and public information.

(B) Such members shall agree in writing to recuse themselves

from participation in the peer review of specific applications

which present a potential personal conflict of interest or

appearance of such conflict, including employment in a directly

affected organization, stock ownership, or any financial or

other arrangement that might introduce bias in the process of

peer review.

(d) Authority for procedural adjustments in certain cases

In the case of applications for financial assistance whose direct

costs will not exceed $100,000, the Director may make appropriate

adjustments in the procedures otherwise established by the Director

for the conduct of peer review under this section. Such adjustments

may be made for the purpose of encouraging the entry of individuals

into the field of research, for the purpose of encouraging clinical

practice-oriented or provider-based research, and for such other

purposes as the Director may determine to be appropriate.

(e) Regulations

The Director shall issue regulations for the conduct of peer

review under this section.

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 922, as added Pub. L.

106-129, Sec. 2(a), Dec. 6, 1999, 113 Stat. 1665.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 that govern appointments in the

competitive service, referred to in subsec. (c)(1), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

Section 14(a) of the Federal Advisory Committee Act, referred to

in subsec. (c)(3), is section 14(a) of Pub. L. 92-463, which is set

out in the Appendix to Title 5.

-MISC1-

PRIOR PROVISIONS

A prior section 299c-1, act July 1, 1944, ch. 373, title IX, Sec.

922, as added Pub. L. 101-239, title VI, Sec. 6103(c), Dec. 19,

1989, 103 Stat. 2201; amended Pub. L. 101-508, title IV, Sec.

4118(f)(2)(F), Nov. 5, 1990, 104 Stat. 1388-70; Pub. L. 102-410,

Sec. 5(d), Oct. 13, 1992, 106 Stat. 2098, related to peer review

with respect to grants and contracts, prior to the general

amendment of this subchapter by Pub. L. 106-129.

-End-

-CITE-

42 USC Sec. 299c-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part C - General Provisions

-HEAD-

Sec. 299c-2. Certain provisions with respect to development,

collection, and dissemination of data

-STATUTE-

(a) Standards with respect to utility of data

(1) In general

To ensure the utility, accuracy, and sufficiency of data

collected by or for the Agency for the purpose described in

section 299(b) of this title, the Director shall establish

standard methods for developing and collecting such data, taking

into consideration -

(A) other Federal health data collection standards; and

(B) the differences between types of health care plans,

delivery systems, health care providers, and provider

arrangements.

(2) Relationship with other Department programs

In any case where standards under paragraph (1) may affect the

administration of other programs carried out by the Department of

Health and Human Services, including the programs under title

XVIII, XIX or XXI of the Social Security Act [42 U.S.C. 1395 et

seq., 1396 et seq., 1397aa et seq.], or may affect health

information that is subject to a standard developed under part C

of title XI of the Social Security Act [42 U.S.C. 1320d et seq.],

they shall be in the form of recommendations to the Secretary for

such program.

(b) Statistics and analyses

The Director shall -

(1) take appropriate action to ensure that statistics and

analyses developed under this subchapter are of high quality,

timely, and duly comprehensive, and that the statistics are

specific, standardized, and adequately analyzed and indexed; and

(2) publish, make available, and disseminate such statistics

and analyses on as wide a basis as is practicable.

(c) Authority regarding certain requests

Upon request of a public or private entity, the Director may

conduct or support research or analyses otherwise authorized by

this subchapter pursuant to arrangements under which such entity

will pay the cost of the services provided. Amounts received by the

Director under such arrangements shall be available to the Director

for obligation until expended.

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 923, as added Pub. L.

106-129, Sec. 2(a), Dec. 6, 1999, 113 Stat. 1666.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a)(2), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part C of title

XI of the Act is classified generally to part C (Sec. 1320d et

seq.) of title XI of chapter 7 of this title. Titles XVIII, XIX,

and XXI of the Act are classified generally to subchapters XVIII

(Sec. 1395 et seq.), XIX (Sec. 1396 et seq.), and XXI (Sec. 1397aa

et seq.) of chapter 7 of this title, respectively. For complete

classification of this Act to the Code, see section 1305 of this

title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 299c-2, act July 1, 1944, ch. 373, title IX, Sec.

923, as added Pub. L. 101-239, title VI, Sec. 6103(c), Dec. 19,

1989, 103 Stat. 2202; amended Pub. L. 102-410, Sec. 5(e), Oct. 12,

1992, 106 Stat. 2098, related to development, collection, and

dissemination of data, prior to the general amendment of this

subchapter by Pub. L. 106-129.

-End-

-CITE-

42 USC Sec. 299c-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part C - General Provisions

-HEAD-

Sec. 299c-3. Dissemination of information

-STATUTE-

(a) In general

The Director shall -

(1) without regard to section 501 of title 44, promptly

publish, make available, and otherwise disseminate, in a form

understandable and on as broad a basis as practicable so as to

maximize its use, the results of research, demonstration

projects, and evaluations conducted or supported under this

subchapter;

(2) ensure that information disseminated by the Agency is

science-based and objective and undertakes consultation as

necessary to assess the appropriateness and usefulness of the

presentation of information that is targeted to specific

audiences;

(3) promptly make available to the public data developed in

such research, demonstration projects, and evaluations;

(4) provide, in collaboration with the National Library of

Medicine where appropriate, indexing, abstracting, translating,

publishing, and other services leading to a more effective and

timely dissemination of information on research, demonstration

projects, and evaluations with respect to health care to public

and private entities and individuals engaged in the improvement

of health care delivery and the general public, and undertake

programs to develop new or improved methods for making such

information available; and

(5) as appropriate, provide technical assistance to State and

local government and health agencies and conduct liaison

activities to such agencies to foster dissemination.

(b) Prohibition against restrictions

Except as provided in subsection (c) of this section, the

Director may not restrict the publication or dissemination of data

from, or the results of, projects conducted or supported under this

subchapter.

(c) Limitation on use of certain information

No information, if an establishment or person supplying the

information or described in it is identifiable, obtained in the

course of activities undertaken or supported under this subchapter

may be used for any purpose other than the purpose for which it was

supplied unless such establishment or person has consented (as

determined under regulations of the Director) to its use for such

other purpose. Such information may not be published or released in

other form if the person who supplied the information or who is

described in it is identifiable unless such person has consented

(as determined under regulations of the Director) to its

publication or release in other form.

(d) Penalty

Any person who violates subsection (c) of this section shall be

subject to a civil monetary penalty of not more than $10,000 for

each such violation involved. Such penalty shall be imposed and

collected in the same manner as civil money penalties under

subsection (a) of section 1320a-7a of this title are imposed and

collected.

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 924, as added Pub. L.

106-129, Sec. 2(a), Dec. 6, 1999, 113 Stat. 1667.)

-MISC1-

PRIOR PROVISIONS

A prior section 299c-3, act July 1, 1944, ch. 373, title IX, Sec.

924, as added Pub. L. 101-239, title VI, Sec. 6103(c), Dec. 19,

1989, 103 Stat. 2202; amended Pub. L. 102-410, Sec. 9, Oct. 13,

1992, 106 Stat. 2100, related to additional provisions with respect

to grants and contracts, prior to the general amendment of this

subchapter by Pub. L. 106-129. See section 299c-4 of this title.

-End-

-CITE-

42 USC Sec. 299c-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part C - General Provisions

-HEAD-

Sec. 299c-4. Additional provisions with respect to grants and

contracts

-STATUTE-

(a) Financial conflicts of interest

With respect to projects for which awards of grants, cooperative

agreements, or contracts are authorized to be made under this

subchapter, the Director shall by regulation define -

(1) the specific circumstances that constitute financial

interests in such projects that will, or may be reasonably

expected to, create a bias in favor of obtaining results in the

projects that are consistent with such interests; and

(2) the actions that will be taken by the Director in response

to any such interests identified by the Director.

(b) Requirement of application

The Director may not, with respect to any program under this

subchapter authorizing the provision of grants, cooperative

agreements, or contracts, provide any such financial assistance

unless an application for the assistance is submitted to the

Secretary and the application is in such form, is made in such

manner, and contains such agreements, assurances, and information

as the Director determines to be necessary to carry out the program

involved.

(c) Provision of supplies and services in lieu of funds

(1) In general

Upon the request of an entity receiving a grant, cooperative

agreement, or contract under this subchapter, the Secretary may,

subject to paragraph (2), provide supplies, equipment, and

services for the purpose of aiding the entity in carrying out the

project involved and, for such purpose, may detail to the entity

any officer or employee of the Department of Health and Human

Services.

(2) Corresponding reduction in funds

With respect to a request described in paragraph (1), the

Secretary shall reduce the amount of the financial assistance

involved by an amount equal to the costs of detailing personnel

and the fair market value of any supplies, equipment, or services

provided by the Director. The Secretary shall, for the payment of

expenses incurred in complying with such request, expend the

amounts withheld.

(d) Applicability of certain provisions with respect to contracts

Contracts may be entered into under this part without regard to

section 3324(a) and (b) of title 31 and section 5 of title 41.

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 925, as added Pub. L.

106-129, Sec. 2(a), Dec. 6, 1999, 113 Stat. 1668.)

-COD-

CODIFICATION

In subsec. (d), "section 3324(a) and (b) of title 31" substituted

for reference to section 3648 of the Revised Statutes (31 U.S.C.

529) on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96

Stat. 1067, the first section of which enacted Title 31, Money and

Finance.

-MISC1-

PRIOR PROVISIONS

A prior section 299c-4, act July 1, 1944, ch. 373, title IX, Sec.

925, as added Pub. L. 101-239, title VI, Sec. 6103(c), Dec. 19,

1989, 103 Stat. 2203; amended Pub. L. 104-201, div. A, title XVII,

Sec. 1723(a)(3)(B), Sept. 23, 1996, 110 Stat. 2759, related to

certain administrative authorities, prior to the general amendment

of this subchapter by Pub. L. 106-129. See section 299c-5 of this

title.

-End-

-CITE-

42 USC Sec. 299c-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part C - General Provisions

-HEAD-

Sec. 299c-5. Certain administrative authorities

-STATUTE-

(a) Deputy director and other officers and employees

(1) Deputy director

The Director may appoint a deputy director for the Agency.

(2) Other officers and employees

The Director may appoint and fix the compensation of such

officers and employees as may be necessary to carry out this

subchapter. Except as otherwise provided by law, such officers

and employees shall be appointed in accordance with the civil

service laws and their compensation fixed in accordance with

title 5.

(b) Facilities

The Secretary, in carrying out this subchapter -

(1) may acquire, without regard to section 8141 of title 40, by

lease or otherwise through the Administrator of General Services,

buildings or portions of buildings in the District of Columbia or

communities located adjacent to the District of Columbia for use

for a period not to exceed 10 years; and

(2) may acquire, construct, improve, repair, operate, and

maintain laboratory, research, and other necessary facilities and

equipment, and such other real or personal property (including

patents) as the Secretary deems necessary.

(c) Provision of financial assistance

The Director, in carrying out this subchapter, may make grants to

public and nonprofit entities and individuals, and may enter into

cooperative agreements or contracts with public and private

entities and individuals.

(d) Utilization of certain personnel and resources

(1) Department of Health and Human Services

The Director, in carrying out this subchapter, may utilize

personnel and equipment, facilities, and other physical resources

of the Department of Health and Human Services, permit

appropriate (as determined by the Secretary) entities and

individuals to utilize the physical resources of such Department,

and provide technical assistance and advice.

(2) Other agencies

The Director, in carrying out this subchapter, may use, with

their consent, the services, equipment, personnel, information,

and facilities of other Federal, State, or local public agencies,

or of any foreign government, with or without reimbursement of

such agencies.

(e) Consultants

The Secretary, in carrying out this subchapter, may secure, from

time to time and for such periods as the Director deems advisable

but in accordance with section 3109 of title 5, the assistance and

advice of consultants from the United States or abroad.

(f) Experts

(1) In general

The Secretary may, in carrying out this subchapter, obtain the

services of not more than 50 experts or consultants who have

appropriate scientific or professional qualifications. Such

experts or consultants shall be obtained in accordance with

section 3109 of title 5, except that the limitation in such

section on the duration of service shall not apply.

(2) Travel expenses

(A) In general

Experts and consultants whose services are obtained under

paragraph (1) shall be paid or reimbursed for their expenses

associated with traveling to and from their assignment location

in accordance with sections 5724, 5724a(a), 5724a(c), and

5726(c) of title 5.

(B) Limitation

Expenses specified in subparagraph (A) may not be allowed in

connection with the assignment of an expert or consultant whose

services are obtained under paragraph (1) unless and until the

expert agrees in writing to complete the entire period of

assignment, or 1 year, whichever is shorter, unless separated

or reassigned for reasons that are beyond the control of the

expert or consultant and that are acceptable to the Secretary.

If the expert or consultant violates the agreement, the money

spent by the United States for the expenses specified in

subparagraph (A) is recoverable from the expert or consultant

as a statutory obligation owed to the United States. The

Secretary may waive in whole or in part a right of recovery

under this subparagraph.

(g) Voluntary and uncompensated services

The Director, in carrying out this subchapter, may accept

voluntary and uncompensated services.

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 926, as added Pub. L.

106-129, Sec. 2(a), Dec. 6, 1999, 113 Stat. 1668.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (a)(2), are set

forth in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-COD-

CODIFICATION

In subsec. (b)(1), "section 8141 of title 40" substituted for

"the Act of March 3, 1877 (40 U.S.C. 34)" on authority of Pub. L.

107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first

section of which enacted Title 40, Public Buildings, Property, and

Works.

-MISC1-

PRIOR PROVISIONS

A prior section 299c-5, act July 1, 1944, ch. 373, title IX, Sec.

926, as added Pub. L. 101-239, title VI, Sec. 6103(c), Dec. 19,

1989, 103 Stat. 2204; amended Pub. L. 101-381, title I, Sec.

102(7), Aug. 18, 1990, 104 Stat. 586; Pub. L. 102-410, Sec. 10,

Oct. 13, 1992, 106 Stat. 2101; Pub. L. 103-43, title XX, Sec.

2010(b)(8), June 10, 1993, 107 Stat. 214, authorized appropriations

to carry out this subchapter, prior to the general amendment of

this subchapter by Pub. L. 106-129. See section 299c-6 of this

title.

-End-

-CITE-

42 USC Sec. 299c-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part C - General Provisions

-HEAD-

Sec. 299c-6. Funding

-STATUTE-

(a) Intent

To ensure that the United States investment in biomedical

research is rapidly translated into improvements in the quality of

patient care, there must be a corresponding investment in research

on the most effective clinical and organizational strategies for

use of these findings in daily practice. The authorization levels

in subsections (b) and (c) of this section provide for a

proportionate increase in health care research as the United States

investment in biomedical research increases.

(b) Authorization of appropriations

For the purpose of carrying out this subchapter, there are

authorized to be appropriated $250,000,000 for fiscal year 2000,

and such sums as may be necessary for each of the fiscal years 2001

through 2005.

(c) Evaluations

In addition to amounts available pursuant to subsection (b) of

this section for carrying out this subchapter, there shall be made

available for such purpose, from the amounts made available

pursuant to section 238j of this title (relating to evaluations),

an amount equal to 40 percent of the maximum amount authorized in

such section 238j of this title to be made available for a fiscal

year.

(d) Health disparities research

For the purpose of carrying out the activities under section

299a-1 of this title, there are authorized to be appropriated

$50,000,000 for fiscal year 2001, and such sums as may be necessary

for each of the fiscal years 2002 through 2005.

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 927, as added Pub. L.

106-129, Sec. 2(a), Dec. 6, 1999, 113 Stat. 1670; amended Pub. L.

106-525, title II, Sec. 201(b), Nov. 22, 2000, 114 Stat. 2507.)

-MISC1-

PRIOR PROVISIONS

A prior section 299c-6, act July 1, 1944, ch. 373, title IX, Sec.

927, as added Pub. L. 101-239, title VI, Sec. 6103(c), Dec. 19,

1989, 103 Stat. 2204, set out definitions, prior to the general

amendment of this subchapter by Pub. L. 106-129. See section 299c-7

of this title.

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-525 added subsec. (d).

-End-

-CITE-

42 USC Sec. 299c-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part C - General Provisions

-HEAD-

Sec. 299c-7. Definitions

-STATUTE-

In this subchapter:

(1) Advisory Council

The term "Advisory Council" means the National Advisory Council

on Healthcare Research and Quality established under section 299c

of this title.

(2) Agency

The term "Agency" means the Agency for Healthcare Research and

Quality.

(3) Director

The term "Director" means the Director of the Agency for

Healthcare Research and Quality.

-SOURCE-

(July 1, 1944, ch. 373, title IX, Sec. 928, as added Pub. L.

106-129, Sec. 2(a), Dec. 6, 1999, 113 Stat. 1670.)

-MISC1-

PRIOR PROVISIONS

Prior sections 299d to 299j were repealed by Pub. L. 99-117, Sec.

12(d), Oct. 7, 1985, 99 Stat. 495.

Section 299d, act July 1, 1944, ch. 373, title IX, Sec. 904, as

added Oct. 6, 1965, Pub. L. 89-239, Sec. 2, 79 Stat. 928; amended

Oct. 15, 1968, Pub. L. 90-574, title I, Sec. 104, 82 Stat. 1005;

Oct. 30, 1970, Pub. L. 91-515, title I, Secs. 106, 111(b), 84 Stat.

1299, 1301, authorized Secretary to make grants for establishment

and operation of regional medical programs and set forth

requirements for grant applications.

Section 299e, act July 1, 1944, ch. 373, title IX, Sec. 905, as

added Oct. 6, 1965, Pub. L. 89-239, Sec. 2, 79 Stat. 929; amended

Oct. 15, 1968, Pub. L. 90-574, title I, Sec. 105, 82 Stat. 1005;

Oct. 30, 1970, Pub. L. 91-515, title I, Secs. 107(a), 111(b), title

VI, Sec. 601(b)(2), (4), 84 Stat. 1299, 1301, 1311; Oct. 17, 1979,

Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695, provided for

establishment of a National Advisory Council on Regional Medical

Programs and its functions.

Section 299f, act July 1, 1944, ch. 373, title IX, Sec. 906, as

added Oct. 6, 1965, Pub. L. 89-239, Sec. 2, 79 Stat. 930; amended

Oct. 30, 1970, Pub. L. 91-515, title I, Sec. 111(b), 84 Stat. 1301,

authorized Secretary to establish rules and regulations covering

terms of approval of grant applications and coordination of

programs.

Section 299g, act July 1, 1944, ch. 373, title IX, Sec. 907, as

added Oct. 6, 1965, Pub. L. 89-239, Sec. 2, 79 Stat. 930; amended

Oct. 30, 1970, Pub. L. 91-515, title I, Secs. 108, 111(b), 84 Stat.

1300, 1301, directed Secretary to compile a list of facilities

equipped and staffed to provide most advanced methods for

diagnosing and treating certain diseases and illnesses.

Section 299h, act July 1, 1944, ch. 373, title IX, Sec. 908, as

added Oct. 6, 1965, Pub. L. 89-239, Sec. 2, 79 Stat. 930, called

for a report to the President and the Congress on or before June

30, 1967, by Surgeon General concerning activities under this

subchapter with required statements, appraisals, and

recommendations.

Section 299i, act July 1, 1944, ch. 373, title IX, Sec. 909, as

added Oct. 6, 1965, Pub. L. 89-239, Sec. 2, 79 Stat. 930; amended

Oct. 30, 1970, Pub. L. 91-515, title I, Secs. 109, 111(b), 84 Stat.

1300, 1301; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93

Stat. 695, provided for recordkeeping by grant recipients and for

accessibility of records for audit and examination.

Section 299j, act July 1, 1944, ch. 373, title IX, Sec. 910, as

added Oct. 15, 1968, Pub. L. 90-574, title I, Sec. 106, 82 Stat.

1005; amended Oct. 30, 1970, Pub. L. 91-515, title I, Sec. 110, 84

Stat. 1300, related to grants and contracts for multiprogram

services, costs of special projects, and support of research,

studies, investigations, training, and demonstrations.

-End-

-CITE-

42 USC SUBCHAPTER VIII - POPULATION RESEARCH AND

VOLUNTARY FAMILY PLANNING PROGRAMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING

PROGRAMS

-HEAD-

SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING

PROGRAMS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 300z-5 of this title.

-End-

-CITE-

42 USC Sec. 300 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING

PROGRAMS

-HEAD-

Sec. 300. Project grants and contracts for family planning services

-STATUTE-

(a) Authority of Secretary

The Secretary is authorized to make grants to and enter into

contracts with public or nonprofit private entities to assist in

the establishment and operation of voluntary family planning

projects which shall offer a broad range of acceptable and

effective family planning methods and services (including natural

family planning methods, infertility services, and services for

adolescents). To the extent practical, entities which receive

grants or contracts under this subsection shall encourage familiy

(!1) participation in projects assisted under this subsection.

(b) Factors determining awards; establishment and preservation of

rights of local and regional entities

In making grants and contracts under this section the Secretary

shall take into account the number of patients to be served, the

extent to which family planning services are needed locally, the

relative need of the applicant, and its capacity to make rapid and

effective use of such assistance. Local and regional entities shall

be assured the right to apply for direct grants and contracts under

this section, and the Secretary shall by regulation fully provide

for and protect such right.

(c) Reduction of grant amount

The Secretary, at the request of a recipient of a grant under

subsection (a) of this section, may reduce the amount of such grant

by the fair market value of any supplies or equipment furnished the

grant recipient by the Secretary. The amount by which any such

grant is so reduced shall be available for payment by the Secretary

of the costs incurred in furnishing the supplies or equipment on

which the reduction of such grant is based. Such amount shall be

deemed as part of the grant and shall be deemed to have been paid

to the grant recipient.

(d) Authorization of appropriations

For the purpose of making grants and contracts under this

section, there are authorized to be appropriated $30,000,000 for

the fiscal year ending June 30, 1971; $60,000,000 for the fiscal

year ending June 30, 1972; $111,500,000 for the fiscal year ending

June 30, 1973, $111,500,000 each for the fiscal years ending June

30, 1974, and June 30, 1975; $115,000,000 for fiscal year 1976;

$115,000,000 for the fiscal year ending September 30, 1977;

$136,400,000 for the fiscal year ending September 30, 1978;

$200,000,000 for the fiscal year ending September 30, 1979;

$230,000,000 for the fiscal year ending September 30, 1980;

$264,500,000 for the fiscal year ending September 30, 1981;

$126,510,000 for the fiscal year ending September 30, 1982;

$139,200,000 for the fiscal year ending September 30, 1983;

$150,830,000 for the fiscal year ending September 30, 1984; and

$158,400,000 for the fiscal year ending September 30, 1985.

-SOURCE-

(July 1, 1944, ch. 373, title X, Sec. 1001, as added Pub. L.

91-572, Sec. 6(c), Dec. 24, 1970, 84 Stat. 1506; amended Pub. L.

92-449, title III, Sec. 301, Sept. 30, 1972, 86 Stat. 754; Pub. L.

93-45, title I, Sec. 111(a), June 18, 1973, 87 Stat. 93; Pub. L.

94-63, title II, Secs. 202(a), 204(a), (b), title VII, Sec. 701(d),

July 29, 1975, 89 Stat. 306-308, 352; Pub. L. 95-83, title III,

Sec. 305(a), Aug. 1, 1977, 91 Stat. 388; Pub. L. 95-613, Sec.

1(a)(1), (b)(1), Nov. 8, 1978, 92 Stat. 3093; Pub. L 97-35, title

IX, Sec. 931(a)(1), (b)(1), Aug. 13, 1981, 95 Stat. 570; Pub. L.

97-414, Secs. 8(n), 9(a), Jan. 4, 1983, 96 Stat. 2061, 2064; Pub.

L. 98-512, Sec. 3(a), Oct. 19, 1984, 98 Stat. 2409; Pub. L. 98-555,

Sec. 9, Oct. 30, 1984, 98 Stat. 2857.)

-MISC1-

AMENDMENTS

1984 - Subsec. (c). Pub. L. 98-555 added subsec. (c). Former

subsec. (c) redesignated (d).

Pub. L. 98-512 inserted provisions authorizing appropriations for

the fiscal year ending Sept. 30, 1985.

Subsec. (d). Pub. L. 98-555 redesignated former subsec. (c) as

(d).

1983 - Subsec. (c). Pub. L. 97-414, Sec. 8(n), substituted a

semicolon for a comma after "1981".

Pub. L. 97-414, Sec. 9(a), amended directory language of Pub. L.

97-35, Sec. 931(a)(1), to correct a typographical error and did not

involve any change in text. See 1981 Amendment note below.

1981 - Subsec. (a). Pub. L. 97-35, Sec. 931(b)(1), inserted

provisions relating to family participation in projects.

Subsec. (c). Pub. L. 97-35, Sec. 931(a)(1), as amended by Pub. L.

97-414, Sec. 9(a), inserted provisions authorizing appropriations

for fiscal years ending Sept. 30, 1982, 1983, and 1984.

1978 - Subsec. (a). Pub. L. 95-613, Sec. 1(a)(1), inserted

provisions relating to infertility services and services for

adolescents.

Subsec. (c). Pub. L. 95-613, Sec. 1(b)(1), inserted provisions

authorizing appropriations for fiscal years ending Sept. 30, 1979,

1980, and 1981.

1977 - Subsec. (c). Pub. L. 95-83 substituted provision

authorizing appropriations for fiscal years ending Sept. 30, 1977

and 1978, for prior such authorization for fiscal year 1977.

1975 - Subsec. (a). Pub. L. 94-63, Sec. 204(a), inserted

provision relating to scope of family planning projects to be

offered.

Subsec. (b). Pub. L. 94-63, Sec. 204(b), inserted provision

relating to direct grants and contracts for local and regional

entities.

Subsec. (c). Pub. L. 94-63, Secs. 202(a), 701(d), inserted

provisions authorizing appropriations for fiscal years ending June

30, 1975, 1976, and 1977.

1973 - Subsec. (c). Pub. L. 93-45 inserted provisions authorizing

appropriations for fiscal year ending June 30, 1974.

1972 - Subsec. (c). Pub. L. 92-449 increased appropriations

authorization for fiscal year ending June 30, 1973, to $111,500,000

from $90,000,000.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by sections 202(a) and 204(a), (b) of Pub. L. 94-63

effective July 1, 1975, see section 608 of Pub. L. 94-63, set out

as a note under section 247b of this title.

STUDY AS TO DISCRIMINATION BY SCHOOLS OF MEDICINE, NURSING, OR

OSTEOPATHY AGAINST APPLICANTS BECAUSE OF RELUCTANCE OR WILLINGNESS

TO PARTICIPATE IN ABORTIONS OR STERILIZATIONS; REPORT NOT LATER

THAN FEBRUARY 1, 1978

Pub. L. 95-215, Sec. 7, Dec. 19, 1977, 91 Stat. 1507, required

Secretary of Health, Education, and Welfare to conduct a study and

report to specific committees of Congress not later than Feb. 1,

1978, as to whether schools of medicine, nursing, or osteopathy

discriminate against applicants because of applicant's reluctance

or unwillingness to participate in performance of abortions or

sterilizations contrary to religious beliefs or moral convictions.

CONGRESSIONAL DECLARATION OF PURPOSE

Section 2 of Pub. L. 91-572 provided that: "It is the purpose of

this Act [see Short Title of 1970 Amendment note set out under

section 201 of this title] -

"(1) to assist in making comprehensive voluntary family

planning services readily available to all persons desiring such

services;

"(2) to coordinate domestic population and family planning

research with the present and future needs of family planning

programs;

"(3) to improve administrative and operational supervision of

domestic family planning services and of population research

programs related to such services;

"(4) to enable public and nonprofit private entities to plan

and develop comprehensive programs of family planning services;

"(5) to develop and make readily available information

(including educational materials) on family planning and

population growth to all persons desiring such information;

"(6) to evaluate and improve the effectiveness of family

planning service programs and of population research;

"(7) to assist in providing trained manpower needed to

effectively carry out programs of population research and family

planning services; and

"(8) to establish an Office of Population Affairs in the

Department of Health, Education, and Welfare as a primary focus

within the Federal Government on matters pertaining to population

research and family planning, through which the Secretary of

Health, Education, and Welfare [now Health and Human Services]

(hereafter in this Act referred to as the 'Secretary') shall

carry out the purposes of this Act."

-EXEC-

THE TITLE X "GAG RULE"

Memorandum of President of the United States, Jan. 22, 1993, 58

F.R. 7455, provided:

Memorandum for the Secretary of Health and Human Services

Title X of the Public Health Services Act [42 U.S.C. 300 et seq.]

provides Federal funding for family planning clinics to provide

services for low-income patients. The Act specifies that Title X

funds may not be used for the performance of abortions, but places

no restrictions on the ability of clinics that receive Title X

funds to provide abortion counseling and referrals or to perform

abortions using non-Title X funds. During the first 18 years of the

program, medical professionals at Title X clinics provided

complete, uncensored information, including nondirective abortion

counseling. In February 1988, the Department of Health and Human

Services adopted regulations, which have become known as the "Gag

Rule," prohibiting Title X recipients from providing their patients

with information, counseling, or referrals concerning abortion.

Subsequent attempts by the Bush Administration to modify the Gag

Rule and ensuing litigation have created confusion and uncertainty

about the current legal status of the regulations.

The Gag Rule endangers women's lives and health by preventing

them from receiving complete and accurate medical information and

interferes with the doctor-patient relationship by prohibiting

information that medical professionals are otherwise ethically and

legally required to provide to their patients. Furthermore, the Gag

Rule contravenes the clear intent of a majority of the members of

both the United States Senate and House of Representatives, which

twice passed legislation to block the Gag Rule's enforcement but

failed to override Presidential vetoes.

For these reasons, you have informed me that you will suspend the

Gag Rule pending the promulgation of new regulations in accordance

with the "notice and comment" procedures of the Administrative

Procedure Act [5 U.S.C. 551 et seq.]. I hereby direct you to take

that action as soon as possible. I further direct that, within 30

days, you publish in the Federal Register new proposed regulations

for public comment.

You are hereby authorized and directed to publish this memorandum

in the Federal Register.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 247c-1, 254c-6, 256b,

256d, 300a-1, 300a-4, 300ff-52 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "family".

-End-

-CITE-

42 USC Sec. 300a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING

PROGRAMS

-HEAD-

Sec. 300a. Formula grants to States for family planning services

-STATUTE-

(a) Authority of Secretary; prerequisites

The Secretary is authorized to make grants, from allotments made

under subsection (b) of this section, to State health authorities

to assist in planning, establishing, maintaining, coordinating, and

evaluating family planning services. No grant may be made to a

State health authority under this section unless such authority has

submitted, and had approved by the Secretary, a State plan for a

coordinated and comprehensive program of family planning services.

(b) Factors determining amount of State allotments

The sums appropriated to carry out the provisions of this section

shall be allotted to the States by the Secretary on the basis of

the population and the financial need of the respective States.

(c) "State" defined

For the purposes of this section, the term "State" includes the

Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam,

American Samoa, the Virgin Islands, the District of Columbia, and

the Trust Territory of the Pacific Islands.

(d) Authorization of appropriations

For the purpose of making grants under this section, there are

authorized to be appropriated $10,000,000 for the fiscal year

ending June 30, 1971; $15,000,000 for the fiscal year ending June

30, 1972; and $20,000,000 for the fiscal year ending June 30, 1973.

-SOURCE-

(July 1, 1944, ch. 373, title X, Sec. 1002, as added Pub. L.

91-572, Sec. 6(c), Dec. 24, 1970, 84 Stat. 1506; amended Pub. L.

94-484, title IX, Sec. 905(b)(1), Oct. 12, 1976, 90 Stat. 2325.)

-MISC1-

AMENDMENTS

1976 - Subsec. (c). Pub. L. 94-484 defined "State" to include

Northern Mariana Islands.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC2-

STUDY OF STATE DELIVERY OF SERVICES; REPORT TO CONGRESS

Pub. L. 97-35, title IX, Sec. 931(c), Aug. 13, 1981, 95 Stat.

570, directed Secretary of Health and Human Services to conduct a

study of possible ways of State delivery of services for which

assistance is authorized by title X of the Public Health Service

Act [this subchapter] and to report to Congress on results of such

study 18 months after Aug. 13, 1981.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300a-1 of this title.

-End-

-CITE-

42 USC Sec. 300a-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING

PROGRAMS

-HEAD-

Sec. 300a-1. Training grants and contracts; authorization of

appropriations

-STATUTE-

(a) The Secretary is authorized to make grants to public or

nonprofit private entities and to enter into contract with public

or private entities and individuals to provide the training for

personnel to carry out family planning service programs described

in section 300 or 300a of this title.

(b) For the purpose of making payments pursuant to grants and

contracts under this section, there are authorized to be

appropriated $2,000,000 for the fiscal year ending June 30, 1971;

$3,000,000 for the fiscal year ending June 30, 1972; $4,000,000 for

the fiscal year ending June 30, 1973; $3,000,000 each for the

fiscal years ending June 30, 1974 and June 30, 1975; $4,000,000 for

fiscal year ending 1976; $5,000,000 for the fiscal year ending

September 30, 1977; $3,000,000 for the fiscal year ending September

30, 1978; $3,100,000 for the fiscal year ending September 30, 1979;

$3,600,000 for the fiscal year ending September 30, 1980;

$4,100,000 for the fiscal year ending September 30, 1981;

$2,920,000 for the fiscal year ending September 30, 1982;

$3,200,000 for the fiscal year ending September 30, 1983;

$3,500,000 for the fiscal year ending September 30, 1984; and

$3,500,000 for the fiscal year ending September 30, 1985.

-SOURCE-

(July 1, 1944, ch. 373, title X, Sec. 1003, as added Pub. L.

91-572, Sec. 6(c), Dec. 24, 1970, 84 Stat. 1507; amended Pub. L.

93-45, title I, Sec. 111(b), June 18, 1973, 87 Stat. 93; Pub. L.

94-63, title II, Sec. 202(b), title VII, Sec. 701(d), July 29,

1975, 89 Stat. 306, 352; Pub. L. 95-83, title III, Sec. 305(b),

Aug. 1, 1977, 91 Stat. 389; Pub. L. 95-613, Sec. 1(b)(2), Nov. 8,

1978, 92 Stat. 3093; Pub. L. 97-35, title IX, Sec. 931(a)(2), Aug.

13, 1981, 95 Stat. 570; Pub. L. 97-414, Secs. 8(n), 9(a), Jan. 4,

1983, 96 Stat. 2061, 2064; Pub. L. 98-512, Sec. 3(b), Oct. 19,

1984, 98 Stat. 2410.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-512 inserted provisions

authorizing appropriations for fiscal year ending Sept. 30, 1985.

1983 - Subsec. (b). Pub. L. 97-414, Sec. 8(n), substituted a

semicolon for a comma after "1981".

Pub. L. 97-414, Sec. 9(a), amended directory language of Pub. L.

97-35, Sec. 931(a)(2), to correct a typographical error and did not

involve any change in text. See 1981 Amendment note below.

1981 - Subsec. (b). Pub. L. 97-35, as amended by Pub. L. 97-414,

Sec. 9(a), inserted provisions authorizing appropriations for

fiscal years ending Sept. 30, 1982, 1983, and 1984.

1978 - Subsec. (b). Pub. L. 95-613 inserted provisions

authorizing appropriations for fiscal years ending Sept. 30, 1979,

1980, and 1981.

1977 - Subsec. (b). Pub. L. 95-83 substituted provision

authorizing appropriations for fiscal years ending Sept. 30, 1977

and 1978, for prior such authorization for fiscal year 1977.

1975 - Subsec. (b). Pub. L. 94-63 inserted provisions authorizing

appropriations for fiscal years ending June 30, 1975, 1976, and

1977.

1973 - Subsec. (b). Pub. L. 93-45 inserted provisions authorizing

appropriations for fiscal year ending June 30, 1974.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by section 202(b) of Pub. L. 94-63 effective July 1,

1975, see section 608 of Pub. L. 94-63, set out as a note under

section 247b of this title.

-End-

-CITE-

42 USC Sec. 300a-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING

PROGRAMS

-HEAD-

Sec. 300a-2. Conduct, etc., of research activities

-STATUTE-

The Secretary may -

(1) conduct, and

(2) make grants to public or nonprofit private entities and

enter into contracts with public or private entities and

individuals for projects for,

research in the biomedical, contraceptive development, behavioral,

and program implementation fields related to family planning and

population.

-SOURCE-

(July 1, 1944, ch. 373, title X, Sec. 1004, as added Pub. L.

91-572, Sec. 6(c), Dec. 24, 1970, 84 Stat. 1507; amended Pub. L.

93-45, title I, Sec. 111(c), June 18, 1973, 87 Stat. 93; Pub. L.

94-63, title II, Sec. 202(c), title VII, Sec. 701(d), July 29,

1975, 89 Stat. 306, 352; Pub. L. 95-83, title III, Sec. 305(c),

Aug. 1, 1977, 91 Stat. 389; Pub. L. 95-613, Sec. 1(b)(3), Nov. 8,

1978, 92 Stat. 3093; Pub. L. 96-32, Sec. 1(a), July 10, 1979, 93

Stat. 82; Pub. L. 97-35, title IX, Sec. 931(b)(2), Aug. 13, 1981,

95 Stat. 570.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-35 redesignated existing subsec. (a) as entire

section, and struck out subsec. (b) which related to authorization

and availability of appropriations.

1979 - Subsec. (b)(1). Pub. L. 95-613, as amended by Pub. L.

96-32, substituted "$120,800,000" for "$3,600,000" as authorized

appropriation for fiscal year ending Sept. 30, 1980.

1978 - Subsec. (b)(1). Pub. L. 95-613 inserted provisions

authorizing appropriations for fiscal years ending Sept. 30, 1979,

1980, and 1981.

1977 - Subsec. (b). Pub. L. 95-83 in par. (1) substituted

provisions authorizing appropriations for fiscal years ending Sept.

30, 1977 and 1978, for prior such authorization for fiscal year

1977, and in par. (2) prohibited use of funds for administration of

this section.

1975 - Subsec. (a). Pub. L. 94-63, Sec. 202(c), revised structure

of provisions, inserted authorization for Secretary to conduct

research, and struck out authority for grants and contracts in

research training in specified fields.

Subsec. (b). Pub. L. 94-63, Secs. 202(c), 701(d), revised

structure of provisions and substituted provisions relating to

authorization of appropriations for fiscal years 1976 and 1977 and

availability of appropriated funds, for provisions authorizing

appropriations for fiscal years ending June 30, 1971, through

fiscal year ending June 30, 1975.

1973 - Subsec. (b). Pub. L. 93-45 inserted provisions authorizing

appropriations for fiscal year ending June 30, 1974.

EFFECTIVE DATE OF 1979 AMENDMENT

Section 1(b) of Pub. L. 96-32 provided that: "The amendment made

by subsection (a) [amending this section] shall be effective as of

November 8, 1978."

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by section 202(c) of Pub. L. 94-63 effective July 1,

1975, see section 608 of Pub. L. 94-63, set out as a note under

section 247b of this title.

-End-

-CITE-

42 USC Sec. 300a-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING

PROGRAMS

-HEAD-

Sec. 300a-3. Informational and educational materials development

grants and contracts; authorization of appropriations

-STATUTE-

(a) The Secretary is authorized to make grants to public or

nonprofit private entities and to enter into contracts with public

or private entities and individuals to assist in developing and

making available family planning and population growth information

(including educational materials) to all persons desiring such

information (or materials).

(b) For the purpose of making payments pursuant to grants and

contracts under this section, there are authorized to be

appropriated $750,000 for the fiscal year ending June 30, 1971;

$1,000,000 for the fiscal year ending June 30, 1972; $1,250,000 for

the fiscal year ending June 30, 1973; $909,000 each for the fiscal

years ending June 30, 1974, and June 30, 1975; $2,000,000 for

fiscal year 1976; $2,500,000 for the fiscal year ending September

30, 1977; $600,000 for the fiscal year ending September 30, 1978;

$700,000 for the fiscal year ending September 30, 1979; $805,000

for the fiscal year ending September 30, 1980; $926,000 for the

fiscal year ending September 30, 1981; $570,000 for the fiscal year

ending September 30, 1982; $600,000 for the fiscal year ending

September 30, 1983; $670,000 for the fiscal year ending September

30, 1984; and $700,000 for the fiscal year ending September 30,

1985.

-SOURCE-

(July 1, 1944, ch. 373, title X, Sec. 1005, as added Pub. L.

91-572, Sec. 6(c), Dec. 24, 1970, 84 Stat. 1507; amended Pub. L.

93-45, title I, Sec. 111(d), June 18, 1973, 87 Stat. 93; Pub. L.

94-63, title II, Sec. 202(d), title VII, Sec. 701(d), July 29,

1975, 89 Stat. 307, 352; Pub. L. 95-83, title III, Sec. 305(d),

Aug. 1, 1977, 91 Stat. 389; Pub. L. 95-613, Sec. 1(b)(4), Nov. 8,

1978, 92 Stat. 3093; Pub. L. 97-35, title IX, Sec. 931(a)(3), Aug.

13, 1981, 95 Stat. 570; Pub. L. 97-414, Secs. 8(n), 9(a), Jan. 4,

1983, 96 Stat. 2061, 2064; Pub. L. 98-512, Sec. 3(c), Oct. 19,

1984, 98 Stat. 2410.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-512 inserted provisions

authorizing appropriations for fiscal year ending Sept. 30, 1985.

1983 - Subsec. (b). Pub. L. 97-414, Sec. 8(n), substituted a

semicolon for a comma after "1981".

Pub. L. 97-414, Sec. 9(a), amended directory language of Pub. L.

97-35, Sec. 931(a)(3), to correct typographical error and did not

involve any change in text. See 1981 Amendment note below.

1981 - Subsec. (b). Pub. L. 97-35, as amended by Pub. L. 97-414,

Sec. 9(a), inserted provisions authorizing appropriations for

fiscal years ending Sept. 30, 1982, 1983, and 1984.

1978 - Subsec. (b). Pub. L. 95-613 inserted provisions

authorizing appropriations for fiscal years ending Sept. 30, 1979,

1980, and 1981.

1977 - Subsec. (b). Pub. L. 95-83 substituted provisions

authorizing appropriations for fiscal years ending Sept. 30, 1977

and 1978, for prior such authorization for fiscal year 1977.

1975 - Subsec. (b). Pub. L. 94-63 inserted provisions authorizing

appropriations for fiscal years ending June 30, 1975, 1976, and

1977.

1973 - Subsec. (b). Pub. L. 93-45 inserted provisions authorizing

appropriations for fiscal year ending June 30, 1974.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by section 202(d) of Pub. L. 94-63 effective July 1,

1975, see section 608 of Pub. L. 94-63, set out as a note under

section 247b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300a-4 of this title.

-End-

-CITE-

42 USC Sec. 300a-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING

PROGRAMS

-HEAD-

Sec. 300a-4. Grants and contracts

-STATUTE-

(a) Promulgation of regulations governing execution; amount of

grants

Grants and contracts made under this subchapter shall be made in

accordance with such regulations as the Secretary may promulgate.

The amount of any grant under any section of this subchapter shall

be determined by the Secretary; except that no grant under any such

section for any program or project for a fiscal year beginning

after June 30, 1975, may be made for less than 90 per centum of its

costs (as determined under regulations of the Secretary) unless the

grant is to be made for a program or project for which a grant was

made (under the same section) for the fiscal year ending June 30,

1975, for less than 90 per centum of its costs (as so determined),

in which case a grant under such section for that program or

project for a fiscal year beginning after that date may be made for

a percentage which shall not be less than the percentage of its

costs for which the fiscal year 1975 grant was made.

(b) Payment of grants

Grants under this subchapter shall be payable in such

installments and subject to such conditions as the Secretary may

determine to be appropriate to assure that such grants will be

effectively utilized for the purposes for which made.

(c) Prerequisites; "low-income family" defined

A grant may be made or contract entered into under section 300 or

300a of this title for a family planning service project or program

only upon assurances satisfactory to the Secretary that -

(1) priority will be given in such project or program to the

furnishing of such services to persons from low-income families;

and

(2) no charge will be made in such project or program for

services provided to any person from a low-income family except

to the extent that payment will be made by a third party

(including a government agency) which is authorized or is under

legal obligation to pay such charge.

For purposes of this subsection, the term "low-income family" shall

be defined by the Secretary in accordance with such criteria as he

may prescribe so as to insure that economic status shall not be a

deterrent to participation in the programs assisted under this

subchapter.

(d) Suitability of informational or educational materials

(1) A grant may be made or a contract entered into under section

300 or 300a-3 of this title only upon assurances satisfactory to

the Secretary that informational or educational materials developed

or made available under the grant or contract will be suitable for

the purposes of this subchapter and for the population or community

to which they are to be made available, taking into account the

educational and cultural background of the individuals to whom such

materials are addressed and the standards of such population or

community with respect to such materials.

(2) In the case of any grant or contract under section 300 of

this title, such assurances shall provide for the review and

approval of the suitability of such materials, prior to their

distribution, by an advisory committee established by the grantee

or contractor in accordance with the Secretary's regulations. Such

a committee shall include individuals broadly representative of the

population or community to which the materials are to be made

available.

-SOURCE-

(July 1, 1944, ch. 373, title X, Sec. 1006, as added Pub. L.

91-572, Sec. 6(c), Dec. 24, 1970, 84 Stat. 1507; amended Pub. L.

94-63, title II, Sec. 204(c), (d), July 29, 1975, 89 Stat. 308;

Pub. L. 95-613, Sec. 1(a)(2), Nov. 8, 1978, 92 Stat. 3093.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-613 added subsec. (d).

1975 - Subsec. (a). Pub. L. 94-63, Sec. 204(c), inserted

provisions relating to amount of grants authorized pursuant to

sections of this subchapter.

Subsec. (c). Pub. L. 94-63, Sec. 204(d), inserted provision

relating to economic status as part of the criteria to be included

within definition of "low-income family".

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 94-63 effective July 1, 1975, see section

608 of Pub. L. 94-63, set out as a note under section 247b of this

title.

-End-

-CITE-

42 USC Sec. 300a-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING

PROGRAMS

-HEAD-

Sec. 300a-5. Voluntary participation by individuals; participation

not prerequisite for eligibility or receipt of other services and

information

-STATUTE-

The acceptance by any individual of family planning services or

family planning or population growth information (including

educational materials) provided through financial assistance under

this subchapter (whether by grant or contract) shall be voluntary

and shall not be a prerequisite to eligibility for or receipt of

any other service or assistance from, or to participation in, any

other program of the entity or individual that provided such

service or information.

-SOURCE-

(July 1, 1944, ch. 373, title X, Sec. 1007, as added Pub. L.

91-572, Sec. 6(c), Dec. 24, 1970, 84 Stat. 1508.)

-End-

-CITE-

42 USC Sec. 300a-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING

PROGRAMS

-HEAD-

Sec. 300a-6. Prohibition against funding programs using abortion as

family planning method

-STATUTE-

None of the funds appropriated under this subchapter shall be

used in programs where abortion is a method of family planning.

-SOURCE-

(July 1, 1944, ch. 373, title X, Sec. 1008, as added Pub. L.

91-572, Sec. 6(c), Dec. 24, 1970, 84 Stat. 1508.)

-End-

-CITE-

42 USC Sec. 300a-6a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING

PROGRAMS

HEAD-

Sec. 300a-6a. Repealed. Pub. L. 105-362, title VI, Sec.

601(a)(1)(G), Nov. 10, 1998, 112 Stat. 3285

-MISC1-

Section, act July 1, 1944, ch. 373, title X, Sec. 1009, as added

Pub. L. 94-63, title II, Sec. 203(a), July 29, 1975, 89 Stat. 307;

amended Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93

Stat. 695; Pub. L. 104-66, title I, Sec. 1062(c), Dec. 21, 1995,

109 Stat. 720, related to plans and reports concerning family

planning services.

-End-

-CITE-

42 USC Sec. 300a-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING

PROGRAMS

-HEAD-

Sec. 300a-7. Sterilization or abortion

-STATUTE-

(a) Omitted

(b) Prohibition of public officials and public authorities from

imposition of certain requirements contrary to religious beliefs

or moral convictions

The receipt of any grant, contract, loan, or loan guarantee under

the Public Health Service Act [42 U.S.C. 201 et seq.], the

Community Mental Health Centers Act [42 U.S.C. 2689 et seq.], or

the Developmental Disabilities Services and Facilities Construction

Act [42 U.S.C. 6000 et seq.] by any individual or entity does not

authorize any court or any public official or other public

authority to require -

(1) such individual to perform or assist in the performance of

any sterilization procedure or abortion if his performance or

assistance in the performance of such procedure or abortion would

be contrary to his religious beliefs or moral convictions; or

(2) such entity to -

(A) make its facilities available for the performance of any

sterilization procedure or abortion if the performance of such

procedure or abortion in such facilities is prohibited by the

entity on the basis of religious beliefs or moral convictions,

or

(B) provide any personnel for the performance or assistance

in the performance of any sterilization procedure or abortion

if the performance or assistance in the performance of such

procedures or abortion by such personnel would be contrary to

the religious beliefs or moral convictions of such personnel.

(c) Discrimination prohibition

(1) No entity which receives a grant, contract, loan, or loan

guarantee under the Public Health Service Act [42 U.S.C. 201 et

seq.], the Community Mental Health Centers Act [42 U.S.C. 2689 et

seq.], or the Developmental Disabilities Services and Facilities

Construction Act [42 U.S.C. 6000 et seq.] after June 18, 1973, may

-

(A) discriminate in the employment, promotion, or termination

of employment of any physician or other health care personnel, or

(B) discriminate in the extension of staff or other privileges

to any physician or other health care personnel,

because he performed or assisted in the performance of a lawful

sterilization procedure or abortion, because he refused to perform

or assist in the performance of such a procedure or abortion on the

grounds that his performance or assistance in the performance of

the procedure or abortion would be contrary to his religious

beliefs or moral convictions, or because of his religious beliefs

or moral convictions respecting sterilization procedures or

abortions.

(2) No entity which receives after July 12, 1974, a grant or

contract for biomedical or behavioral research under any program

administered by the Secretary of Health and Human Services may -

(A) discriminate in the employment, promotion, or termination

of employment of any physician or other health care personnel, or

(B) discriminate in the extension of staff or other privileges

to any physician or other health care personnel,

because he performed or assisted in the performance of any lawful

health service or research activity, because he refused to perform

or assist in the performance of any such service or activity on the

grounds that his performance or assistance in the performance of

such service or activity would be contrary to his religious beliefs

or moral convictions, or because of his religious beliefs or moral

convictions respecting any such service or activity.

(d) Individual rights respecting certain requirements contrary to

religious beliefs or moral convictions

No individual shall be required to perform or assist in the

performance of any part of a health service program or research

activity funded in whole or in part under a program administered by

the Secretary of Health and Human Services if his performance or

assistance in the performance of such part of such program or

activity would be contrary to his religious beliefs or moral

convictions.

(e) Prohibition on entities receiving Federal grant, etc., from

discriminating against applicants for training or study because

of refusal of applicant to participate on religious or moral

grounds

No entity which receives, after September 29, 1979, any grant,

contract, loan, loan guarantee, or interest subsidy under the

Public Health Service Act [42 U.S.C. 201 et seq.], the Community

Mental Health Centers Act [42 U.S.C. 2689 et seq.], or the

Developmental Disabilities Assistance and Bill of Rights Act of

2000 [42 U.S.C. 15001 et seq.] may deny admission or otherwise

discriminate against any applicant (including applicants for

internships and residencies) for training or study because of the

applicant's reluctance, or willingness, to counsel, suggest,

recommend, assist, or in any way participate in the performance of

abortions or sterilizations contrary to or consistent with the

applicant's religious beliefs or moral convictions.

-SOURCE-

(Pub. L. 93-45, title IV, Sec. 401, June 18, 1973, 87 Stat. 95;

Pub. L. 93-348, title II, Sec. 214, July 12, 1974, 88 Stat. 353;

Pub. L. 96-76, title II, Sec. 208, Sept. 29, 1979, 93 Stat. 583;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;

Pub. L. 106-402, title IV, Sec. 401(b)(5), Oct. 30, 2000, 114 Stat.

1738.)

-REFTEXT-

REFERENCES IN TEXT

The Public Health Service Act, referred to in subsecs. (b),

(c)(1), and (e), is act July 1, 1944, ch. 373, 58 Stat. 682, as

amended, which is classified generally to this chapter (Sec. 201 et

seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 201 of this title and

Tables.

The Community Mental Health Centers Act, referred to in subsecs.

(b), (c)(1), and (e), is title II of Pub. L. 88-164, as added Pub.

L. 94-63, title III, Sec. 303, July 29, 1975, 89 Stat. 309, and

amended, which was classified principally to subchapter III (Sec.

2689 et seq.) of chapter 33 of this title prior to its repeal by

Pub. L. 97-35, title IX, Sec. 902(e)(2)(B), Aug. 13, 1981, 95 Stat.

560.

The Developmental Disabilities Services and Facilities

Construction Act, referred to in subsecs. (b) and (c)(1), is title

I of Pub. L. 88-164, Oct. 31, 1963, 77 Stat. 282, as renamed by

Pub. L. 91-518, title II, Sec. 207(a), Oct. 30, 1970, 84 Stat.

1327. Title I of Pub. L. 88-164, which was subsequently renamed the

Developmental Disabilities Assistance and Bill of Rights Act by

Pub. L. 95-602, title V, Sec. 502, Nov. 6, 1978, 92 Stat. 3003, and

amended generally by Pub. L. 98-527, Sec. 2, Oct. 19, 1984, 98

Stat. 2662, was classified generally to chapter 75 (Sec. 6000 et

seq.) of this title, prior to repeal by Pub. L. 106-402, title IV,

Sec. 401(a), Oct. 30, 2000, 114 Stat. 1737. For complete

classification of this Act to the Code, see Tables.

The Developmental Disabilities Assistance and Bill of Rights Act

of 2000, referred to in subsec. (e), is Pub. L. 106-402, Oct. 30,

2000, 114 Stat. 1677, which is classified principally to chapter

144 (Sec. 15001 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

15001 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of Health Programs Extension Act of

1973, and not as part of Public Health Services Act which comprises

this chapter.

Subsec. (a) of this section amended section 601 of Pub. L.

91-296, which is set out as an Availability of Appropriations note

under section 201 of this title.

-MISC1-

AMENDMENTS

2000 - Subsec. (e). Pub. L. 106-402 substituted "or the

Developmental Disabilities Assistance and Bill of Rights Act of

2000 may deny" for "or the Developmental Disabilities Assistance

and Bill of Rights Act may deny".

1979 - Subsec. (e). Pub. L. 96-76 added subsec. (e).

1974 - Subsec. (c). Pub. L. 93-348, Sec. 214, designated existing

provisions as par. (1), redesignated pars. (1) and (2) of such

provisions as subpars. (A) and (B), and added par. (2).

Subsec. (d). Pub. L. 93-348, Sec. 214(b), added subsec. (d).

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsecs. (c)(2)

and (d), pursuant to section 509(b) of Pub. L. 96-88 which is

classified to section 3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 300a-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING

PROGRAMS

-HEAD-

Sec. 300a-8. Penalty for United States, etc., officer or employee

coercing or endeavoring to coerce procedure upon beneficiary of

Federal program

-STATUTE-

Any -

(1) officer or employee of the United States,

(2) officer or employee of any State, political subdivision of

a State, or any other entity, which administers or supervises the

administration of any program receiving Federal financial

assistance, or

(3) person who receives, under any program receiving Federal

financial assistance, compensation for services,

who coerces or endeavors to coerce any person to undergo an

abortion or sterilization procedure by threatening such person with

the loss of, or disqualification for the receipt of, any benefit or

service under a program receiving Federal financial assistance

shall be fined not more than $1,000 or imprisoned for not more than

one year, or both.

-SOURCE-

(Pub. L. 94-63, title II, Sec. 205, July 29, 1975, 89 Stat. 308.)

-COD-

CODIFICATION

Section was enacted as part of the Family Planning and Population

Research Act of 1975, and not as part of the Public Health Service

Act which comprises this chapter.

-MISC1-

EFFECTIVE DATE

Section effective July 1, 1975, see section 608 of Pub. L. 94-63,

set out as an Effective Date of 1975 Amendment note under section

247b of this title.

-End-

-CITE-

42 USC SUBCHAPTER VIII-A - ADOLESCENT PREGNANCIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII09A - ADOLESCENT PREGNANCIES

-HEAD-

SUBCHAPTER VIII-A - ADOLESCENT PREGNANCIES

-End-

-CITE-

42 USC Part A - Grant Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII09A - ADOLESCENT PREGNANCIES

Part A - Grant Program

-HEAD-

PART A - GRANT PROGRAM

-End-

-CITE-

42 USC Secs. 300a-21 to 300a-28 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII09A - ADOLESCENT PREGNANCIES

Part A - Grant Program

-HEAD-

Secs. 300a-21 to 300a-28. Repealed. Pub. L. 97-35, title IX, Sec.

955(b), title XXI, Sec. 2193(f), Aug. 13, 1981, 95 Stat. 592, 828

-MISC1-

Section 300a-21, Pub. L. 95-626, title VI, Sec. 601, Nov. 10,

1978, 92 Stat. 3595, set forth Congressional findings and

declaration of purpose with respect to grant program.

Section 300a-22, Pub. L. 95-626, title VI, Sec. 602, Nov. 10,

1978, 92 Stat. 3595; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17,

1979, 93 Stat. 695, defined terms "Secretary", "eligible person",

"eligible grant recipient", "core services", "supplemental

services", "adolescent parent".

Section 300a-23, Pub. L. 95-626, title VI, Sec. 603, Nov. 10,

1978, 92 Stat. 3596, set forth authority to make grants.

Section 300a-24, Pub. L. 95-626, title VI, Sec. 604, Nov. 10,

1978, 92 Stat. 3597, set forth authorized uses for grants.

Section 300a-25, Pub. L. 95-626, title VI, Sec. 605, Nov. 10,

1978, 92 Stat. 3597, set forth provisions respecting priorities,

amounts, and duration of grants.

Section 300a-26, Pub. L. 95-626, title VI, Sec. 606, Nov. 10,

1978, 92 Stat. 3598, set forth application, etc., requirements for

grant approval.

Section 300a-27, Pub. L. 95-626, title VI, Sec. 607, Nov. 10,

1978, 92 Stat. 3601; Pub. L. 97-35, title XXI, Sec. 2193(a)(2),

Aug. 13, 1981, 95 Stat. 827, authorized appropriations from fiscal

year ending Sept. 30, 1979, through fiscal year ending Sept. 30,

1982.

Section 300a-28, Pub. L. 95-626, title VI, Sec. 608, Nov. 10,

1978, 92 Stat. 3601, set forth prohibition respecting use of funds

to pay for performance of abortion.

See section 300z et seq. of this title.

EFFECTIVE DATE OF REPEAL

Section 955(b) of Pub. L. 97-35 provided that the repeal of

sections 300a-21 to 300a-28 of this title is effective Oct. 1,

1981.

For effective date, savings, and transitional provisions relating

to the repeal of sections 321a-21 to 321a-28 of this title by

section 2193(f) of Pub. L. 97-35, and relating to the amendment of

section 300a-27 of this title by section 2193(a)(2) of Pub. L.

97-35, see section 2194 of Pub. L. 97-35, set out as a note under

section 701 of this title.

STUDY OF ADOLESCENT PREGNANCY; REPORT NOT LATER THAN NOVEMBER 10,

1979

Pub. L. 95-626, title VIII, Sec. 801, Nov. 10, 1978, 92 Stat.

3602, which provided for a study of the problem of adolescent

pregnancies and the effectiveness of existing programs and a

report, was repealed by section 955(b) of Pub. L. 97-35.

-End-

-CITE-

42 USC Sec. 300a-29 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII09A - ADOLESCENT PREGNANCIES

Part A - Grant Program

-HEAD-

Sec. 300a-29. Omitted

-COD-

CODIFICATION

Section, Pub. L. 95-626, title III, Sec. 301, Nov. 10, 1978, 92

Stat. 3590, provided that grants or contracts made under this

subchapter would be considered to have been made under this chapter

for the purposes of sections 300l-2(e) and 300m-3(c)(6) of this

title.

-End-

-CITE-

42 USC Part B - Improving Coordination of Federal and

State Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII09A - ADOLESCENT PREGNANCIES

Part B - Improving Coordination of Federal and State Programs

-HEAD-

PART B - IMPROVING COORDINATION OF FEDERAL AND STATE PROGRAMS

-End-

-CITE-

42 USC Sec. 300a-41 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII09A - ADOLESCENT PREGNANCIES

Part B - Improving Coordination of Federal and State Programs

-HEAD-

Sec. 300a-41. Repealed. Pub. L. 97-35, title IX, Sec. 955(b), title

XXI, Sec. 2193(f), Aug. 13, 1981, 95 Stat. 592, 828

-MISC1-

Section, Pub. L. 95-626, title VII, Sec. 701, Nov. 10, 1978, 92

Stat. 3601; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93

Stat. 695, related to improving coordination of Federal and State

policies and programs.

EFFECTIVE DATE OF REPEAL

Section 955(b) of Pub. L. 97-35 provided that the repeal of this

section is effective Oct. 1, 1981.

For effective date, savings, and transitional provisions relating

to the repeal of this section by section 2193(f) of Pub. L. 97-35,

see section 2194 of Pub. L. 97-35, set out as a note under section

701 of this title.

-End-

-CITE-

42 USC SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA

PROGRAMS, AND SUDDEN INFANT DEATH SYNDROME 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

-HEAD-

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-278, title IV, Sec. 403(b)(3), Apr. 22, 1976,

90 Stat. 409, substituted "GENETIC DISEASES" for "GENETIC BLOOD

DISORDERS" and inserted "HEMOPHILIA PROGRAMS" in subchapter

heading.

1974 - Pub. L. 93-270, Sec. 3(b), Apr. 22, 1974, 88 Stat. 92,

inserted "SUDDEN INFANT DEATH SYNDROME" in subchapter heading.

1972 - Pub. L. 92-414, Sec. 4(1), Aug. 29, 1972, 86 Stat. 652,

substituted "GENETIC BLOOD DISORDERS" for "SICKLE CELL ANEMIA

PROGRAM" as subchapter heading and designated former subchapter

heading as part A, substituting "Programs" for "Program".

-End-

-CITE-

42 USC Part A - Genetic Diseases 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

PART A - GENETIC DISEASES

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-278, title IV, Sec. 403(a), Apr. 22, 1976, 90

Stat. 407, substituted "Genetic Diseases" for "Sickle Cell Anemia

Programs" in part A heading.

-End-

-CITE-

42 USC Sec. 300b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b. Repealed. Pub. L. 97-35, title XXI, Sec. 2193(b)(1),

Aug. 13, 1981, 95 Stat. 827

-MISC1-

Section, act July 1, 1944, ch. 373, title XI, Sec. 1101, as added

Apr. 22, 1976, Pub. L. 94-278, title IV, Sec. 403(a), 90 Stat. 407;

amended Nov. 10, 1978, Pub. L. 95-626, title II, Sec. 205(b),

(d)(2), (e), 92 Stat. 3583, 3584; Pub. L. 96-88, title V, Sec.

509(b), Oct. 17, 1979, 93 Stat. 695; Aug. 13, 1981, Pub. L. 97-35,

title XXI, Sec. 2193(a)(1)(B), 95 Stat. 826; Jan. 4, 1983, Pub. L.

97-414, Sec. 8(o), 96 Stat. 2061, related to testing, counseling,

information and education programs.

A prior section 300b, act July 1, 1944, ch. 373, title XI, Sec.

1101, as added May 16, 1972, Pub. L. 92-294, Sec. 3(c), 86 Stat.

137; amended Aug. 29, 1972, Pub. L. 92-414, Sec. 4(2), 86 Stat.

652, authorized Secretary to make grants and enter contracts with

public and nonprofit private entities with respect to establishment

of voluntary sickle cell anemia screening and counseling programs

and to develop and disseminate informational and educational

materials relating to sickle cell anemia, prior to repeal by Pub.

L. 94-278, title IV, Sec. 403(a), Apr. 22, 1976, 90 Stat. 407.

EFFECTIVE DATE OF 1981 AMENDMENT AND REPEAL, SAVINGS, AND

TRANSITIONAL PROVISIONS

For effective date, savings, and transitional provisions relating

to the amendment and repeal of this section by Pub. L. 97-35, see

section 2194 of Pub. L. 97-35, set out as a note under section 701

of this title.

-End-

-CITE-

42 USC Sec. 300b-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b-1. Research project grants and contracts

-STATUTE-

In carrying out section 241 of this title, the Secretary may make

grants to public and nonprofit private entities, and may enter into

contracts with public and private entities and individuals, for

projects for (1) basic or applied research leading to the

understanding, diagnosis, treatment, and control of genetic

diseases, (2) planning, establishing, demonstrating, and developing

special programs for the training of genetic counselors, social and

behavioral scientists, and other health professionals, (3) the

development of programs to educate practicing physicians, other

health professionals, and the public regarding the nature of

genetic processes, the inheritance patterns of genetic diseases,

and the means, methods, and facilities available to diagnose,

control, counsel, and treat genetic diseases, and (4) the

development of counseling and testing programs and other programs

for the diagnosis, control, and treatment of genetic diseases. In

making grants and entering into contracts for projects described in

clause (1) of the preceding sentence, the Secretary shall give

priority to applications for such grants or contracts which are

submitted for research on sickle cell anemia and for research on

Cooley's anemia.

-SOURCE-

(July 1, 1944, ch. 373, title XI, Sec. 1102, as added Pub. L.

94-278, title IV, Sec. 403(a), Apr. 22, 1976, 90 Stat. 408.)

-MISC1-

PRIOR PROVISIONS

A prior section 300b-1, act July 1, 1944, ch. 373, title XI, Sec.

1102, as added May 16, 1972, Pub. L. 92-294, Sec. 3(c), 86 Stat.

138, authorized Secretary to make grants and enter contracts with

public and private entities and individuals for projects concerned

with research, research training in diagnosis, treatment and

control of sickle cell anemia, informational and educational

programs with respect to sickle cell anemia and development of

counseling and testing programs, prior to repeal by Pub. L. 94-278,

title IV, Sec. 403(a), Apr. 22, 1976, 90 Stat. 407.

EFFECTIVE DATE

Section 403(c) of Pub. L. 94-278 provided that: "The amendments

made by subsections (a) and (b) [see section 401 of Pub. L. 94-278,

set out as a Short Title of 1976 Amendment note under section 201

of this title] shall take effect July 1, 1976."

SHORT TITLE OF 1976 AMENDMENT

For short title of title IV of Pub. L. 94-278, which enacted this

part, omitted former part B of this subchapter, redesignated former

parts C and D of this subchapter as parts B and C of this

subchapter, respectively, as the "National Sickle Cell Anemia,

Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act", see section

401 of Pub. L. 94-278, set out as a note under section 201 of this

title.

CONGRESSIONAL DECLARATION OF PURPOSE

Section 402 of Pub. L. 94-278, as amended by Pub. L. 95-626,

title II, Sec. 205(a), Nov. 10, 1978, 92 Stat. 3583, provided that:

"In order to preserve and protect the health and welfare of all

citizens, it is the purpose of this title [see section 401 of Pub.

L. 94-278, set out as a Short Title of 1976 Amendment note under

section 201 of this title] to establish a national program to

provide for basic and applied research, research training, testing,

counseling, and information and education programs with respect to

genetic diseases, and genetic conditions, such as Sickle Cell

anemia, Cooley's Anemia, Tay-Sachs disease, cystic fibrosis,

dysautonomia, hemophilia, retinitis pigmentosa, Huntington's

chorea, muscular dystrophy, and genetic conditions leading to

mental retardation or genetically caused mental disorders."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300b-3 of this title.

-End-

-CITE-

42 USC Sec. 300b-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b-2. Voluntary participation by individuals

-STATUTE-

The participation by any individual in any program or portion

thereof under this part shall be wholly voluntary and shall not be

a prerequisite to eligibility for or receipt of any other service

or assistance from, or to participation in, any other program.

-SOURCE-

(July 1, 1944, ch. 373, title XI, Sec. 1103, as added Pub. L.

94-278, title IV, Sec. 403(a), Apr. 22, 1976, 90 Stat. 408.)

-MISC1-

PRIOR PROVISIONS

A prior section 300b-2, act July 1, 1944, ch. 373, title XI, Sec.

1103, as added May 16, 1972, Pub. L. 92-294, Sec. 3(c), 86 Stat.

138; amended Aug. 29, 1972, Pub. L. 92-414, Sec. 4(3), 86 Stat.

652, was identical to this section, prior to repeal by Pub. L.

94-278, title IV, Sec. 403(a), Apr. 22, 1976, 90 Stat. 407.

-End-

-CITE-

42 USC Sec. 300b-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b-3. Application; special consideration to prior sickle

cell anemia grant recipients

-STATUTE-

(a) Manner of submission; contents

A grant or contract under this part may be made upon application

submitted to the Secretary at such time, in such manner, and

containing and accompanied by such information, as the Secretary

may require, including assurances for an evaluation whether

performed by the applicant or by the Secretary. Such grant or

contract may be made available on less than a statewide or regional

basis. Each applicant shall -

(1) provide that the programs and activities for which

assistance under this part is sought will be administered by or

under the supervision of the applicant;

(2) provide for strict confidentiality of all test results,

medical records, and other information regarding testing,

diagnosis, counseling, or treatment of any person treated, except

for (A) such information as the patient (or his guardian) gives

informed consent to be released, or (B) statistical data compiled

without reference to the identity of any such patient;

(3) provide for community representation where appropriate in

the development and operation of voluntary genetic testing or

counseling programs funded by a grant or contract under this

part; and

(4) establish fiscal control and fund accounting procedures as

may be necessary to assure proper disbursement of and accounting

of Federal funds paid to the applicant under this part.

(b) Considerations for grants and contracts under section 300b-1 of

this title

In making grants and entering into contracts for any fiscal year

under section 241 of this title for projects described in section

300b-1 of this title the Secretary shall give special consideration

to applications from entities that received grants from, or entered

into contracts with, the Secretary for the preceding fiscal year

for the conduct of comprehensive sickle cell centers or sickle cell

screening and education clinics.

-SOURCE-

(July 1, 1944, ch. 373, title XI, Sec. 1104, as added Pub. L.

94-278, title IV, Sec. 403(a), Apr. 22, 1976, 90 Stat. 408; amended

Pub. L. 95-626, title II, Sec. 205(c), Nov. 10, 1978, 92 Stat.

3584; Pub. L. 97-35, title XXI, Sec. 2193(b)(2), (3), Aug. 13,

1981, 95 Stat. 827.)

-MISC1-

PRIOR PROVISIONS

A prior section 300b-3, act July 1, 1944, ch. 373, title XI, Sec.

1104, as added May 16, 1972, Pub. L. 92-294, Sec. 3(c), 86 Stat.

138; amended Aug. 29, 1972, Pub. L. 92-414, Sec. 4(3), 86 Stat.

652, authorized grants to be made upon application to Secretary and

required supervision of programs by applicant, confidentiality of

test results, medical records and other information obtained from

treated person, community representation in programs, assurances by

applicant that priority will be given to persons of child bearing

years, and demonstration by applicant of proper fiscal control and

accounting procedures, prior to repeal by Pub. L. 94-278, title IV,

Sec. 403(a), Apr. 22, 1976, 90 Stat. 407.

AMENDMENTS

1981 - Subsec. (a)(4), (5). Pub. L. 97-35, Sec. 2193(b)(2),

redesignated par. (5) as (4). Former par. (4), which related to

testing and counseling requirements, was struck out.

Subsec. (b). Pub. L. 97-35, Sec. 2193(b)(3), struck out subsec.

(b) which related to grants and contracts under section 300b of

this title. Former subsec. (c) was redesignated (b) and, as so

redesignated, struck out reference to section 300b of this title.

Subsec. (c). Pub. L. 97-35, Sec. 2193(b)(3), redesignated subsec.

(c) as (b).

Subsec. (d). Pub. L. 97-35, Sec. 2193(b)(3), struck out subsec.

(d) which related to procedures applicable to grants, etc., under

section 300b of this title.

1978 - Subsec. (a). Pub. L. 95-626, Sec. 205(c)(1), inserted

requirement that application contain assurances for an evaluation

whether performed by applicant or by Secretary and that grant or

contract be made available on less than a statewide or regional

basis.

Subsec. (d). Pub. L. 95-626, Sec. 205(c)(2), added subsec. (d).

EFFECTIVE DATE OF 1981 AMENDMENT, SAVINGS, AND TRANSITIONAL

PROVISIONS

For effective date, savings, and transitional provisions relating

to amendment by Pub. L. 97-35, see section 2194 of Pub. L. 97-35,

set out as a note under section 701 of this title.

-End-

-CITE-

42 USC Sec. 300b-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b-4. Public Health Service facilities

-STATUTE-

The Secretary shall establish a program within the Service to

provide voluntary testing, diagnosis, counseling, and treatment of

individuals respecting genetic diseases. Services under such

program shall be made available through facilities of the Service

to persons requesting such services, and the program shall provide

appropriate publicity of the availability and voluntary nature of

such services.

-SOURCE-

(July 1, 1944, ch. 373, title XI, Sec. 1105, as added Pub. L.

94-278, title IV, Sec. 403(a), Apr. 22, 1976, 90 Stat. 409.)

-MISC1-

PRIOR PROVISIONS

A prior section 300b-4, act July 1, 1944, ch. 373, title XI, Sec.

1105, as added May 16, 1972, Pub. L. 92-294, Sec. 3(c), 86 Stat.

139, authorized Secretary to establish a program within the Public

Health Service with respect to sickle cell anemia with such program

to be made available through facilities of Public Health Service,

prior to repeal by Pub. L. 94-278, title IV, Sec. 403(a), Apr. 22,

1976, 90 Stat. 407.

-End-

-CITE-

42 USC Sec. 300b-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b-5. Repealed. Pub. L. 97-35, title XXI, Sec. 2193(b)(4),

Aug. 13, 1981, 95 Stat. 827

-MISC1-

Section, act July 1, 1944, ch. 373, title XI, Sec. 1106, as added

Apr. 22, 1976, Pub. L. 94-278, title IV, Sec. 403(a), 90 Stat. 409,

related to an annual report to President and Congress on

administration of this part.

A prior section 300b-5, act July 1, 1944, ch. 373, title XI, Sec.

1106, as added May 16, 1972, Pub. L. 92-294, Sec. 3(c), 86 Stat.

139; amended Aug. 29, 1972, Pub. L. 92-414, Sec. 4(3), 86 Stat.

652, related to an annual report to President and Congress on

administration of this part, prior to repeal by Pub. L. 94-278,

title IV, Sec. 403(a), Apr. 22, 1976, 90 Stat. 407.

EFFECTIVE DATE OF REPEAL, SAVINGS, AND TRANSITIONAL PROVISIONS

For effective date, savings, and transitional provisions relating

to repeal by Pub. L. 97-35, see section 2194 of Pub. L. 97-35, set

out as a note under section 701 of this title.

-End-

-CITE-

42 USC Sec. 300b-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b-6. Applied technology

-STATUTE-

The Secretary, acting through an identifiable administrative

unit, shall -

(1) conduct epidemiological assessments and surveillance of

genetic diseases to define the scope and extent of such diseases

and the need for programs for the diagnosis, treatment, and

control of such diseases, screening for such diseases, and the

counseling of persons with such diseases;

(2) on the basis of the assessments and surveillance described

in paragraph (1), develop for use by the States programs which

combine in an effective manner diagnosis, treatment, and control

of such diseases, screening for such diseases, and counseling of

persons with such diseases; and

(3) on the basis of the assessments and surveillance described

in paragraph (1), provide technical assistance to States to

implement the programs developed under paragraph (2) and train

appropriate personnel for such programs.

In carrying out this section, the Secretary may, from funds

allotted for use under section 702(a) of this title, make grants to

or contracts with public or nonprofit private entities (including

grants and contracts for demonstration projects).

-SOURCE-

(July 1, 1944, ch. 373, title XI, Sec. 1107, as added Pub. L.

95-626, title II, Sec. 205(d)(1), Nov. 10, 1978, 92 Stat. 3584;

amended Pub. L. 97-35, title XXI, Sec. 2193(b)(5), Aug. 13, 1981,

95 Stat. 827.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-35 substituted provisions relating to

allotments under section 702(a) of this title for provisions

relating to appropriations under section 300b(b) of this title.

EFFECTIVE DATE OF 1981 AMENDMENT, SAVINGS, AND TRANSITIONAL

PROVISIONS

For effective date, savings, and transitional provisions relating

to amendment by Pub. L. 97-35, see section 2194 of Pub. L. 97-35,

set out as a note under section 701 of this title.

-End-