Legislación

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

Compartir 0 Me sirvió 0 No me sirvió

-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.

(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;

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.

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.

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.

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.

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

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.

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.

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.

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).

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;

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.

(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;

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;

(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.

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.];

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

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.

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.

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.

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.

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.

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.

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

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.

(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.

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.

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

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

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

(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.

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).

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

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

(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;

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;

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;

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.

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.

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.

(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.

(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

(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.

(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.

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;

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.

(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;

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;

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.

(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

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;

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;

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.

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.

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;

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.

(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

(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

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).

(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;

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.

(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,