Section text and notes
Establishment
Eligibility
Information to be included with application and contract forms; understandability; availability
Summary and information
Understandability
The application form, contract form, and all other information furnished by the Secretary under this subpart shall be written in a manner calculated to be understood by the average individual applying to participate in the Loan Repayment Program.
Availability
The Secretary shall make such application forms, contract forms, and other information available to individuals desiring to participate in the Loan Repayment Program on a date sufficiently early to ensure that such individuals have adequate time to carefully review and evaluate such forms and information.
Recruitment and retention
Factors considered in providing contracts; priorities
Approval required for participation
An individual becomes a participant in the Loan Repayment Program only upon the Secretary and the individual entering into a written contract described in subsection (f).
Contents of contracts
Payments
In general
Payments for years served
In general
Repayment schedule
Any arrangement made by the Secretary for the making of loan repayments in accordance with this subsection shall provide that any repayments for a year of obligated service shall be made no later than the end of the fiscal year in which the individual completes such year of service.
Tax liability
Payment schedule
The Secretary may enter into an agreement with the holder of any loan for which payments are made under the Loan Repayment Program to establish a schedule for the making of such payments.
Employment ceiling
Notwithstanding any other provision of law, individuals who have entered into written contracts with the Secretary under this section, while undergoing academic or other training, shall not be counted against any employment ceiling affecting the Department.
July 1, 1944, ch. 373 Pub. L. 100–177, title II, § 201(3)101 Stat. 992 Pub. L. 100–607, title VI, § 629(a)(2)102 Stat. 3146 Pub. L. 101–597, title II, § 202(a)104 Stat. 3023–3026 Pub. L. 105–392, title I, § 109112 Stat. 3562 Pub. L. 107–251, title III, § 310116 Stat. 1650 Pub. L. 108–163, § 2(k)117 Stat. 2022 Pub. L. 111–148, title X, § 10501(n)(4)124 Stat. 1003 (, title III, § 338B, as added , , ; amended , , ; –(g)(1), (h), title IV, § 401(b)[(a)], , , 3035; , , ; , , ; , , ; , , .)
Editorial Notes
Prior Provisions
section 201(2) of Pub. L. 100–177section 254m of this titleA prior section 338B of act , was renumbered section 338C by and is classified to .
Amendments
Pub. L. 111–1482010—Subsec. (g)(2)(A). substituted “$50,000, plus, beginning with fiscal year 2012, an amount determined by the Secretary on an annual basis to reflect inflation,” for “$35,000” in introductory provisions.
Pub. L. 108–1632003—Subsec. (e). made technical amendment.
Pub. L. 107–251, § 310(1)(A)2002—Subsec. (a)(1). , inserted “behavioral and mental health professionals,” after “dentists,”.
Pub. L. 107–251, § 310(1)(B)Subsec. (a)(2). , struck out “(including mental health professionals)” before period at end.
Pub. L. 107–251, § 310(2)Subsec. (b)(1)(A). , added subpar. (A) and struck out former subpar. (A) which read as follows: “must have a degree in medicine, osteopathic medicine, dentistry, or other health profession, or be certified as a nurse midwife, nurse practioner, or physician assistant;”.
Pub. L. 107–251, § 310(3)Subsec. (e)(1). , struck out par. (1) designation and heading.
Pub. L. 107–251, § 310(4)Subsec. (i). , struck out subsec. (i), which required an annual report to Congress about the Loan Repayment Program.
Pub. L. 105–3921998—Subsec. (b)(1)(B). substituted “behavioral and mental health, or other health profession” for “or other health profession”.
Pub. L. 101–597, § 202(a)(1)section 254d(a)(2) of this title1990—Subsec. (a). , substituted “Corps Loan Repayment Program to assure, with respect to the provision of primary health services pursuant to —” and pars. (1) and (2) for “Corps Loan Repayment Program (hereinafter in this subpart referred to as the ‘Loan Repayment Program’) in order to assure—
“(1) an adequate supply of trained physicians, dentists, and nurses for the Corps; and
section 296m of this title“(2) if needed by the Corps, an adequate supply of podiatrists, optometrists, pharmacists, clinical psychologists, graduates of schools of veterinary medicine, graduates of schools of public health, graduates of programs in health administration, graduates of programs for the training of physician assistants, expanded function dental auxiliaries, and nurse practitioners (as defined in ), and other health professionals.”
Pub. L. 101–597, § 202(b)(1)(A)Subsec. (b)(1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows:
“(A) be enrolled—
“(i) as a full-time student—
“(I) in an accredited (as determined by the Secretary) educational institution in a State; and
“(II) in the final year of a course of study or program, offered by such institution and approved by the Secretary, leading to a degree in medicine, osteopathic medicine, dentistry, or other health profession; or
“(ii) in an approved graduate training program in medicine, osteopathic medicine, dentistry, or other health profession; or
“(B) have—
“(i) a degree in medicine, osteopathic medicine, dentistry, or other health profession;
“(ii) completed an approved graduate training program in medicine, osteopathic medicine, dentistry, or other health profession in a State, except that the Secretary may waive the completion requirement of this clause for good cause; and
“(iii) a license to practice medicine, osteopathic medicine, dentistry, or other health profession in a State;”.
Pub. L. 101–597, § 202(b)(2)(A)Subsec. (b)(2) to (4). , inserted “and” at end of par. (2), added par. (3), and struck out former pars. (3) and (4) which read as follows:
“(3) submit an application to participate in the Loan Repayment Program; and
“(4) sign and submit to the Secretary, at the time of the submission of such application, a written contract (described in subsection (f) of this section) to accept repayment of educational loans and to serve (in accordance with this subpart) for the applicable period of obligated service in a health manpower shortage area.”
Pub. L. 101–597, § 401(b)[(a)]Subsec. (c)(4). , substituted reference to health professional shortage area for reference to health manpower shortage area in subpars. (B) and (C).
Pub. L. 101–597, § 202(c), added par. (4).
Pub. L. 101–597, § 401(b)[(a)]Subsec. (d). , substituted reference to health professional shortage area for reference to health manpower shortage area in par. (2)(B).
Pub. L. 101–597, § 202(d), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “In determining which applications under the Loan Repayment Program to approve (and which contracts to accept), the Secretary shall give priority to applications made by—
“(1) individuals whose training is in a health profession or specialty determined by the Secretary to be needed by the Corps; and
“(2) individuals who are committed to service in medically underserved areas.”
Pub. L. 101–597, § 202(b)(2)(B)Subsec. (e). , substituted “only upon the Secretary and the individual entering into a written contract described in subsection (f).” for “only on the Secretary’s approval of the individual’s application submitted under subsection (b)(3) of this section and the Secretary’s acceptance of the contract submitted by the individual under subsection (b)(4) of this section.” in par. (1) and struck out par. (2) which read as follows: “The Secretary shall provide written notice to an individual promptly on—
“(A) the Secretary’s approving, under paragraph (1), of the individual’s participation in the Loan Repayment Program; or
“(B) the Secretary’s disapproving an individual’s participation in such Program.”
Pub. L. 101–597, § 202(b)(1)(B)Subsec. (f)(1)(B)(ii), (iii). , substituted “subsection (b)(1)(C)” for “subsection (b)(1)(A)”.
Pub. L. 101–597, § 401(b)[(a)]Subsec. (f)(1)(B)(iv). , substituted reference to health professional shortage area for reference to health manpower shortage area.
Pub. L. 101–597, § 202(a)(2), inserted “as a provider of primary health services” before “in a health”.
Pub. L. 101–597, § 202(e)Subsec. (f)(2). , inserted before semicolon at end “, including extensions resulting in an aggregate period of obligated service in excess of 4 years”.
Pub. L. 101–597, § 202(f)(1)Subsec. (g)(1). , inserted “regarding the undergraduate or graduate education of the individual (or both), which loans were made” after “loans received by the individual”.
Pub. L. 101–597, § 401(b)[(a)]Subsec. (g)(2)(A). , substituted reference to health professional shortage area for reference to health manpower shortage area in cls. (ii) and (iii).
Pub. L. 101–597, § 202(f)(2)(A), substituted “For each year” for “Except as provided in subparagraph (B) and paragraph (3), for each year” and “$35,000” for “$20,000”, inserted at end “In making a determination of the amount to pay for a year of such service by an individual, the Secretary shall consider the extent to which each such determination—”, and added immediately thereafter cls. (i) to (iii).
Pub. L. 101–597, § 202(f)(2)(B)25 U.S.C. 450fSubsec. (g)(2)(B), (C). , redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “For each year of obligated service that an individual contracts under subsection (f) of this section to serve in the Indian Health Service, or to serve in a health program or facility operated by a tribe or tribal organization under the Indian Self-Determination Act ( et seq.), the Secretary may pay up to $25,000 on behalf of the individual for loans described in paragraph (1).”
Pub. L. 101–597, § 202(g)(1)Subsec. (g)(3). , amended par. (3) generally. Prior to amendment, par. (3) read as follows: “In addition to payments made under paragraph (2), in any case in which payments on behalf of an individual under the Loan Repayment Program result in an increase in Federal, State, or local income tax liability for such individual, the Secretary may, on the request of such individual, make payments to such individual in a reasonable amount, as determined by the Secretary, to reimburse such individual for all or part of the increased tax liability of the individual.”
Pub. L. 101–597, § 401(b)[(a)]Subsec. (i). , substituted reference to health professional shortage area for reference to health manpower shortage area in par. (8).
Pub. L. 101–597, § 202(h), amended subsec. (i) generally. Prior to amendment, subsec. (i) read as follows: “The Secretary shall, not later than March 1 of each year, submit to the Congress a report specifying—
“(1) the number, and type of health profession training, of individuals receiving loan payments under the Loan Repayment Program;
“(2) the educational institution at which such individuals are receiving their training;
“(3) the number of applications filed under this section in the school year beginning in such year and in prior school years; and
“(4) the amount of loan payments made in the year reported on.”
Pub. L. 100–6071988—Subsec. (b)(1). substituted “osteopathic medicine” for “osteopathy” wherever appearing.
Statutory Notes and Related Subsidiaries
Change of Name
section 204(c)(3) of this titleReference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see .
Effective Date of 2003 Amendment
Pub. L. 108–163Pub. L. 107–251section 3 of Pub. L. 108–163section 233 of this titleAmendment by deemed to have taken effect immediately after the enactment of , see , set out as a note under .
Effective Date of 1990 Amendment
Pub. L. 101–597, title II, § 202(g)(2)104 Stat. 3026
Regulations
Pub. L. 100–177, title II, § 205101 Stat. 1003
Clarification on Current Eligibility for Loan Repayment Programs
Pub. L. 114–255, div. B, title IX, § 9023130 Stat. 1253