Pub. L. 102-408, tit. II, sec. 211

TRANSFER OF LOAN REPAYMENT PROGRAM.

EnactedYear: 1992Length: 813 wordsOfficial source
SEC. 211. TRANSFER OF LOAN REPAYMENT PROGRAM. (a) In General.— Part B of title VIII of the Public Health Service Act, as amended by section 210 of this Act, is amended— (1) in section 836.— (A) by striking subsection (h); and (B) by redesignating subsections (i) through (k) as subsections (h) through (j), respectively; (2) by striking section 837A; and (3) by adding at the end the following subpart: “Subpart IV—Loan Repayment Program “loan repayment program “Sec. 846. (a) In General.—In the case of any individual— “(1) who has received a baccalaureate or associate degree in nursing (or an equivalent degree), a diploma in nursing, or a graduate degree in nursing; “(2) who obtained (A) one or more loans from a loan fund established under subpart II, or (B) any other educational loan for nurse training costs; and “(3) who enters into an agreement with the Secretary to serve as nurse for a period of not less than two years in an Indian Health Service health center, in a Native Hawaiian health center, in a public hospital, in a migrant health center, in a community health center, in a rural health clinic, or in a public or nonprofit private health facility determined by the Secretary to have a critical shortage of nurses; the Secretary shall make payments in accordance with subsection (b), for and on behalf of that individual, on the principal of and interest on any loan of that individual described in paragraph (2) of this subsection which is outstanding on the date the individual begins the service specified in the agreement described in paragraph (3) of this subsection. “(b) Manner of Payments.—The payments described in subsection (a) shall be made by the Secretary as follows: “(1) Upon completion by the individual for whom the payments are to be made of the first year of the service specified in the agreement entered into with the Secretary under subsection (a), the Secretary shall pay 30 percent of the principal of, and the interest on each loan of such individual described in subsection (a)(2) which is outstanding on the date he began such practice. “(2) Upon completion by that individual of the second year of such service, the Secretary shall pay another 30 percent of the principal of, and the interest on each such loan. “(3) Upon completion by that individual of a third year of such service, the Secretary shall pay another 25 percent of the principal of, and the interest on each such loan. 106 STAT. 2079 “(c) Payment by Due Date.—Notwithstanding the requirement of completion of practice specified in subsection (b), the Secretary shall, on or before the due date thereof, pay any loan or loan installment which may fall due within the period of service for which the borrower may receive payments under this subsection, upon the declaration of such borrower, at such times and in such manner as the Secretary may prescribe (and supported by such other evidence as the Secretary may reasonably require), that the borrower is then serving as described by subsection (a)(3), and that the borrower will continue to so serve for the period required (in the absence of this subsection) to entitle the borrower to have made the payments provided by this subsection for such period; except that not more than 85 percent of the principal of any such loan shall be paid pursuant to this subsection. “(d) Breach of Agreement.—The Secretary may make payments under subsection (a) on behalf of an individual only if the agreement under such subsection provides that section 860(c) is applicable to the individual. “(e) Preferences Regarding Participants.—In entering into agreements under subsection (a), the Secretary shall give preference— “(1) to qualified applicants with the greatest financial need; and “(2) to qualified applicants that, with respect to health facilities described in such subsection, agree to serve in such health facilities located in geographic areas with a shortage of and need for nurses, as determined by the Secretary. “(f) Definitions.—For purposes of this section: “(1) The term “community health center” has the meaning given such term in section 330(a). “(2) The term “migrant health center” has the meaning given such term in section 329(a)(1). “(3) The term “rural health clinic” has the meaning given such term in section 1861(aa)(2) of the Social Security Act. “(g) Authorization of Appropriations.—For the purpose of payments under agreements entered into under subsection (a), there are authorized to be appropriated $5,000,000 for fiscal year 1993, and $6,000,000 for fiscal year 1994”. (b) Rule of Construction.—With respect to section 836(h) of the Public Health Service Act, as in effect prior to the date of the enactment of this Act, any agreement entered into under such section that is in effect on the day before such date remains in effect in accordance with the terms of the agreement, notwithstanding the amendment made by subsection (a) of this section.
Pub. L. 102-408, tit. II, sec. 211: TRANSFER OF LOAN REPAYMENT PROGRAM. | Justis AI