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42 U.S.C. § 295f–1Public Health Workforce Loan Repayment Program

submitted 82 years ago by Pub. L. 111-148 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,606 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must run a Public Health Workforce Loan Repayment Program that pays off education loans for people who work at least 3 years for a state, local, or tribal public health agency. The Secretary can pay up to $50,000 a year per person, plus a tax-liability bonus, and must also run a Bio-Preparedness Workforce Pilot Program for infectious disease and emergency response specialists. Congress may spend $100,000,000 a year from 2023 through 2025.

(a) Establishment The Secretary must set up the Public Health Workforce Loan Repayment Program, called "the Program," to make sure there are enough public health professionals, and to help recruit and keep them, in state, local, and tribal public health agencies facing critical shortages. (b) Eligibility To join, a person must meet one of two paths. Path one: (A)(i) be accepted for, or already enrolled in, the last semester of a program leading to a public-health-related certificate or degree — including fields like epidemiology, laboratory science, data systems, data science, informatics, or statistics — and (ii) already be employed by, or have accepted a job or related fellowship with, a state, local, or tribal public health agency the Secretary recognizes, starting after graduation. Path two: (B)(i) have graduated, within the past 10 years, with such a degree or certificate, and (ii) already be employed by, or have accepted a job or fellowship with, such an agency. Beyond either path, the person must also (2) be a United States citizen; (3)(A) apply to the Secretary to join the Program, and (B) sign the written contract described in subsection (c); and (4) not already be receiving loan relief for the same service under certain other federal loan-forgiveness provisions. (c) Contract The written contract between the Secretary and the participant must include: (1) the Secretary's promise to repay the participant's loans from their public health degree or certificate, under the contract's terms; (2) the participant's promise to work full-time for a state, local, or tribal public health agency, or a related fellowship, in a job related to their degree, for at least 3 straight years — the "period of obligated service"; (3) if applicable, the participant's promise to move to a priority service area chosen by the Secretary, in exchange for extra loan repayment; (4) a statement that the government's payment obligations, and the participant's matching obligations, depend on Congress actually appropriating the money; (5) a statement of the damages owed to the government if the participant breaks the contract; and (6) any other fair statement of each side's rights and duties. (d) Payments (1) In general: Loan repayment under the contract pays down the outstanding principal and interest on the education loans the participant took out for their public health degree or certificate. (2) Payments for years served: (A) For each year of service, the Secretary may pay up to $50,000 toward those loans. But if a participant's total eligible loans are under $150,000, the Secretary must instead pay no more than one-third of the loan balance for each year served. (B) In choosing who gets contracts, the Secretary may take steps to ensure that (i) a fair share go to people who qualify through the "already graduated" path, and (ii) contracts are spread fairly across the country's regions, across local, state, and tribal health departments, and across rural and urban areas. (3) Tax liability: Because loan repayments count as taxable income, the Secretary must also pay the participant up to an extra 39 percent of that year's loan repayment amount, to help cover the tax bill. (e) Postponing obligated service The Secretary may approve postponing when a participant's required service period begins. (f) Breach of contract A participant who breaks the contract faces the same financial penalties as under a related loan repayment law, section 254o, for breaking a contract under section 254l–1. If a participant never starts, or does not finish, their required service, the Secretary may waive or reduce the unfinished service or the damages owed, following the same rules as section 254o(d). (g) Eligible loans Loans that can be repaid under this program include: (1) any loan for education or training that led to a job with a health department; (2) nursing student loans under Part E of subchapter VI; (3) Federal Direct Stafford, PLUS, Unsubsidized Stafford, or Consolidation Loans under the Higher Education Act; (4) Federal Perkins Loans under the Higher Education Act; and (5) any other federal loan the Secretary decides fits. (h) Pilot program (1) In general: The Secretary must, as appropriate, create the Bio-Preparedness Workforce Pilot Program, to repay loans for health professionals skilled in infectious diseases and emergency preparedness and response, to keep enough of them available. It follows the same rules as the main Program, except eligibility requires the person to (A)(i) be enrolled in the final semester of an accredited program for a relevant health professions degree or certificate, or (ii) have graduated with one within the past 10 years; and (B) already be employed by, or have accepted a job with, (i) a federal health care facility; (ii) a nonprofit health facility in a health professional shortage area, a frontier health professional shortage area, or a medically underserved community; (iii) an entity getting funding under subchapter XXIV for clinical services; (iv) a health program or facility run by an Indian tribe, tribal organization, or urban Indian organization; or (v) another entity the Secretary decides fits, working as a specialist in infectious diseases or emergency preparedness and response. (2) Non-duplication of effort: The Secretary must make sure this pilot does not unnecessarily overlap with the National Health Service Corps Loan Repayment Program or any other Department of Health and Human Services loan repayment program. (3) Evaluation and report to Congress: (A) The Secretary must evaluate the pilot after its first group of recipients finishes. (B)(i) The Secretary must then report to the Senate Health, Education, Labor, and Pensions Committee and the House Energy and Commerce Committee, including outcomes such as the pilot's effect on recruiting and keeping infectious disease and emergency response professionals. (ii) That report must include a recommendation on whether to extend the pilot. (i) Authorization of appropriations Congress may spend $100,000,000 each year from 2023 through 2025 to carry out this section.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment

The Secretary shall establish the Public Health Workforce Loan Repayment Program (referred to in this section as the “Program”) to assure an adequate supply of, and encourage recruitment and retention of, public health professionals to eliminate critical public health workforce shortages in State, local, and Tribal public health agencies.

(b) Eligibility

To be eligible to participate in the Program, an individual shall—

(1)
(A)
(i)

be accepted for enrollment, or be enrolled, as a student in an accredited institution of higher education or school of public health in the final semester (or equivalent) of a program leading to a certificate or degree, including a master’s or doctoral degree, in public health, epidemiology, laboratory sciences, data systems, data science, data analytics, informatics, statistics, or another subject matter related to public health; and

(ii)

be employed by, or have accepted employment with, a State, local, or Tribal public health agency, or a related training fellowship at such State, local, or Tribal public health agency, as recognized by the Secretary, to commence upon graduation; or

(B)
(i)

have graduated, during the preceding 10-year period, from an accredited institution of higher education or school of public health and received a certificate or degree, including a master’s or doctoral degree, in public health, epidemiology, laboratory sciences, data systems, data science, data analytics, informatics, statistics, or another subject matter related to public health; and

(ii)

be employed by, or have accepted employment with, a State, local, or Tribal public health agency or a related training fellowship at such State, local, or Tribal public health agency, as recognized by the Secretary;

(2)

be a United States citizen; and

(3)
(A)

submit an application to the Secretary to participate in the Program;

(B)

execute a written contract as required in subsection (c); and

(4)

not have received, for the same service, a reduction of loan obligations under section 1087e(m), 1078–10, 1078–11, 1078–12, or 1087j of title 20.

(c) Contract

The written contract (referred to in this section as the “written contract”) between the Secretary and an individual shall contain—

(1)

an agreement on the part of the Secretary that the Secretary will repay on behalf of the individual loans incurred by the individual in the pursuit of the relevant degree or certificate in accordance with the terms of the contract;

(2)

an agreement on the part of the individual that the individual will serve in the full-time employment of a State, local, or Tribal public health agency or a related fellowship program in a position related to the course of study or program for which the contract was awarded for a period of time (referred to in this section as the “period of obligated service”) of at least 3 consecutive years;

(3)

an agreement, as appropriate, on the part of the individual to relocate to a priority service area (as determined by the Secretary) in exchange for an additional loan repayment incentive amount to be determined by the Secretary;

(4)

a provision that any financial obligation of the United States arising out of a contract entered into under this section and any obligation of the individual that is conditioned thereon, is contingent on funds being appropriated for loan repayments under this section;

(5)

a statement of the damages to which the United States is entitled,1 under this section for the individual’s breach of the contract; and

(6)

such other statements of the rights and liabilities of the Secretary and of the individual, not inconsistent with this section.

(d) Payments
(1) In general

A loan repayment provided for an individual under a written contract under the Program shall consist of payment, in accordance with paragraph (2), for the individual toward the outstanding principal and interest on education loans incurred by the individual in the pursuit of the relevant degree or certificate described in subsection (b)(1) in accordance with the terms of the contract.

(2) Payments for years served
(A) In general

For each year of obligated service that an individual contracts to serve under subsection (c) the Secretary may pay up to $50,000 on behalf of the individual for loans described in paragraph (1). With respect to participants under the Program whose total eligible loans are less than $150,000, the Secretary shall pay an amount that does not exceed ⅓ of the eligible loan balance for each year of obligated service of the individual.

(B) Considerations

The Secretary may take action in making awards under this section to ensure that—

(i)

an appropriate proportion of contracts are awarded to individuals who are eligible to participate in the program pursuant to subsection (b)(1)(A); and

(ii)

contracts awarded under this section are equitably distributed among—

(I)

the geographical regions of the United States;

(II)

local, State, and Tribal public health departments; and

(III)

such public health departments under subclause (II) serving rural and urban areas.

(3) Tax liability

For the purpose of providing reimbursements for tax liability resulting from payments under paragraph (2) on behalf of an individual, the Secretary shall, in addition to such payments, make payments to the individual in an amount not to exceed 39 percent of the total amount of loan repayments made for the taxable year involved.

(e) Postponing obligated service

With respect to an individual with a contract to serve under subsection (c), the date of the initiation of the period of obligated service may be postponed as approved by the Secretary.

(f) Breach of contract

An individual who fails to comply with the contract entered into under subsection (c) shall be subject to the same financial penalties as provided for under section 254o of this title for breaches of loan repayment contracts under section 254l–1 of this title. In the event that a participant fails to either begin or complete the obligated service requirement of the loan repayment contract under this section, the Secretary may waive or suspend either the unfulfilled service or the assessed damages as provided for under section 254o(d) of this title, as appropriate.

(g) Eligible loans

The loans eligible for repayment under this section are each of the following:

(1)

Any loan for education or training for employment by a health department.

(2)

Any loan under part E of subchapter VI (relating to nursing student loans).

(3)

Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965 [20 U.S.C. 1087e]).

(4)

Any Federal Perkins Loan under part E of title I 2 of the Higher Education Act of 1965.

(5)

Any other Federal loan, as the Secretary determines appropriate.

(h) Pilot program
(1) In general

The Secretary shall, as appropriate, establish a pilot program, to be known as the Bio-Preparedness Workforce Pilot Program, to provide for loan repayment for health professionals with expertise in infectious diseases and emergency preparedness and response activities to ensure an adequate supply of such professionals. Such program shall be administered consistent with the requirements of this section, except that, to be eligible to participate in the pilot program, an individual shall—

(A)
(i)

be accepted for enrollment, or be enrolled, as a student in an accredited institution of higher education in the final semester (or equivalent) of a program leading to a health professions degree or certificate program relevant to such program; or

(ii)

have graduated, during the preceding 10-year period, from an accredited institution of higher education with a health professions degree or certificate program relevant to such program; and

(B)

be employed by, or have accepted employment with—

(i)

a Federal health care facility;

(ii)

a nonprofit health care facility that is located in a health professional shortage area (as defined in section 254e of this title), a frontier health professional shortage area (as defined in section 295p of this title), or a medically underserved community (as defined in section 295p of this title);

(iii)

an entity receiving assistance under subchapter XXIV for the provision of clinical services;

(iv)

a health program, or a facility, operated by an Indian Tribe or Tribal organization (as those terms are defined in section 5304 of title 25) or by an urban Indian organization (as defined in section 1603 of title 25); or

(v)

another relevant entity determined appropriate by the Secretary, as a health professional with expertise in infectious diseases or emergency preparedness and response.

(2) Non-duplication of effort

The Secretary shall ensure that the pilot program established under paragraph (1) does not unnecessarily duplicate the National Health Service Corps Loan Repayment Program, or any other loan repayment program operated by the Department of Health and Human Services.

(3) Evaluation and report to Congress
(A) In general

The Secretary shall evaluate the pilot program at the conclusion of the first cycle of recipients funded by the pilot program.

(B) Report
(i) In general

The Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the evaluation under subparagraph (A). The report shall include, at a minimum, outcomes information from the pilot program, including any impact on recruitment and retention of health professionals with expertise in infectious diseases and emergency preparedness and response activities.

(ii) Recommendation

The report under this subparagraph shall include a recommendation by the Secretary as to whether the pilot program under this subsection should be extended.

(i) Authorization of appropriations

There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2023 through 2025.

Source credit: (July 1, 1944, ch. 373, title VII, § 776, as added Pub. L. 111–148, title V, § 5204, Mar. 23, 2010, 124 Stat. 609; amended Pub. L. 117–328, div. FF, title II, § 2221(a), Dec. 29, 2022, 136 Stat. 5741.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 111-148 · 124 Stat. 609
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 5741

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-148 on 1944-07-01.

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