42 U.S.C. § 254k — Authorization of appropriations

Page 402 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 254k to the expiration of the term for which the member’s predecessor was appointed shall be ap- pointed for the remainder of such term. No member shall be removed, except for cause. (2) Members of the Council (other than mem- bers who are officers or employees of the United States), while attending meetings or conferences thereof or otherwise serving on the business of the Council, shall be entitled to receive for each day (including traveltime) in which they are so serving compensation at a rate fixed by the Sec- retary (but not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule); and while so serving away from their homes or regular places of business all members may be allowed travel expenses, including per diem in lieu of subsist- ence, as authorized by section 5703 of title 5 for persons in the Government Service employed intermittently. (c) Termination Section 1013 of title 5 shall not apply with re- spect to the Council. (July 1, 1944, ch. 373, title III, § 337, as added Pub. L. 94–484, title IV, § 407(b)(3), Oct. 12, 1976, 90 Stat. 2277; amended Pub. L. 96–32, § 7(g), July 10, 1979, 93 Stat. 84; Pub. L. 97–35, title XXVII, § 2707, Aug. 13, 1981, 95 Stat. 907; Pub. L. 97–414, § 8(f), Jan. 4, 1983, 96 Stat. 2061; Pub. L. 103–183, title VII, § 706(b), Dec. 14, 1993, 107 Stat. 2241; Pub. L. 111–148, title X, § 10501(n)(3), Mar. 23, 2010, 124 Stat. 1003; Pub. L. 117–286, § 4(a)(229), Dec. 27, 2022, 136 Stat. 4331.) Editorial Notes REFERENCES IN TEXT Section 254r of this title, referred to in subsec. (a), was in the original a reference to section 338G of act July 1, 1944, which was renumbered section 338I by Pub. L. 100–177, title II, § 201(1), Dec. 1, 1987, 101 Stat. 992, and repealed by Pub. L. 100–713, title I, § 104(b)(1), Nov. 23, 1988, 102 Stat. 4787. AMENDMENTS 2022—Subsec. (c). Pub. L. 117–286 substituted ‘‘Section 1013 of title 5’’ for ‘‘Section 14 of the Federal Advisory Committee Act’’. 2010—Subsec. (b)(1). Pub. L. 111–148 struck out at end ‘‘Members may not be reappointed to the Council.’’ 1993—Subsec. (b)(2). Pub. L. 103–183 inserted ‘‘com- pensation at a rate fixed by the Secretary (but not to exceed’’ before ‘‘the daily equivalent’’ and substituted ‘‘Schedule);’’ for ‘‘Schedule;’’. 1983—Subsec. (a). Pub. L. 97–414 inserted ‘‘(other than section 254r of this title)’’ after ‘‘carrying out this sub- part’’. 1981—Subsec. (a). Pub. L. 97–35, § 2707(a), amended sub- sec. (a) generally, striking out pars. (1) to (5) respecting required status and background of members appointed by the Secretary. Subsec. (b)(1). Pub. L. 97–35, § 2707(b), inserted ‘‘not’’ before ‘‘be reappointed’’. 1979—Subsec. (b)(2). Pub. L. 96–32 substituted ‘‘section 5703 of title 5’’ for ‘‘section 5703(b) of title 5’’. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Pub. L. 93–641, § 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. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 254k. Authorization of appropriations (a) For the purpose of carrying out this sub- part, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2008 through 2012. (b) An appropriation under an authorization under subsection (a) for any fiscal year may be made at any time before that fiscal year and may be included in an Act making an appropria- tion under an authorization under subsection (a) for another fiscal year; but no funds may be made available from any appropriation under such authorization for obligation under sections 254d through 254h, section 254i, and section 254j of this title before the fiscal year for which such appropriation is authorized. (July 1, 1944, ch. 373, title III, § 338, as added Pub. L. 94–484, title IV, § 407(b)(3), Oct. 12, 1976, 90 Stat. 2278; amended Pub. L. 95–626, title I, § 122, Nov. 10, 1978, 92 Stat. 3570; Pub. L. 96–76, title II, § 202(c), Sept. 29, 1979, 93 Stat. 582; Pub. L. 97–35, title XXVII, § 2708, Aug. 13, 1981, 95 Stat. 908; Pub. L. 100–177, title III, § 305, Dec. 1, 1987, 101 Stat. 1004; Pub. L. 101–597, title I, § 108, Nov. 16, 1990, 104 Stat. 3021; Pub. L. 107–251, title III, § 308, Oct. 26, 2002, 116 Stat. 1649; Pub. L. 110–355, § 3(a)(1), Oct. 8, 2008, 122 Stat. 3993.) Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–355 substituted ‘‘2008 through 2012’’ for ‘‘2002 through 2006’’. 2002—Subsec. (a). Pub. L. 107–251 struck out par. (1) designation before ‘‘For the purpose’’, substituted ‘‘2002 through 2006’’ for ‘‘1991 through 2000’’, and struck out par. (2) which read as follows: ‘‘In the case of individ- uals who serve in the Corps other than pursuant to ob- ligated service under the Scholarship or Loan Repay- ment Program, the Secretary each fiscal year shall, to the extent practicable, make assignments under sec- tion 254f of this title of such individuals who are cer- tified nurse midwives, certified nurse practitioners, or physician assistants.’’ 1990—Subsec. (a). Pub. L. 101–597 added subsec. (a) and struck out former subsec. (a) which read as follows: ‘‘To carry out this subpart, there are authorized to be appropriated $65,000,000 for fiscal year 1988, $65,000,000 for fiscal year 1989, and $65,000,000 for fiscal year 1990.’’ 1987—Subsec. (a). Pub. L. 100–177 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘To carry out the purposes of this subpart, there are authorized to be appropriated $47,000,000 for the fis- cal year ending September 30, 1978; $64,000,000 for the fiscal year ending September 30, 1979; $82,000,000 for the fiscal year ending September 30, 1980; $110,000,000 for the fiscal year ending September 30, 1982; $120,000,000 for the fiscal year ending September 30, 1983; and $130,000,000 for the fiscal year ending September 30, 1984.’’ 1981—Subsec. (a). Pub. L. 97–35, § 2708(a), inserted pro- visions authorizing appropriations for fiscal years end- ing Sept. 30, 1982, 1983, and 1984. Page 403 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 254l 1 See Change of Name note below. Subsec. (b). Pub. L. 97–35, § 2708(b), substituted ref- erence to sections 254d to 254h, 254i, and 254j of this title for reference to this subpart. 1979—Subsec. (a). Pub. L. 96–76 substituted ‘‘$82,000,000’’ for ‘‘$70,000,000’’. 1978—Subsec. (a). Pub. L. 95–626 substituted ‘‘$64,000,000’’ for ‘‘$57,000,000’’ as amount authorized to be appropriated for fiscal year ending Sept. 30, 1979. SUBPART III—SCHOLARSHIP PROGRAM AND LOAN REPAYMENT PROGRAM Editorial Notes CODIFICATION Pub. L. 100–177, title II, § 202(f), Dec. 1, 1987, 101 Stat. 999, inserted subpart III heading and redesignated former subpart III as IV. § 254l. National Health Service Corps Scholar- ship Program (a) Establishment The Secretary shall establish the National Health Service Corps Scholarship Program to assure, with respect to the provision of primary health services pursuant to section 254d(a)(2) of this title— (1) an adequate supply of physicians, den- tists, behavioral and mental health profes- sionals, certified nurse midwives, certified nurse practitioners, and physician assistants; and (2) if needed by the Corps, an adequate sup- ply of other health professionals. (b) Eligibility; application; written contract To be eligible to participate in the Scholarship Program, an individual must— (1) be accepted for enrollment, or be en- rolled, as a full-time student (A) in an accred- ited (as determined by the Secretary) edu- cational institution in a State and (B) in a course of study or program, offered by such in- stitution and approved by the Secretary, lead- ing to a degree in medicine, osteopathic medi- cine, dentistry, or other health profession, or an appropriate degree from a graduate pro- gram of behavioral and mental health; (2) be eligible for, or hold, an appointment as a commissioned officer in the Regular or Re- serve Corps 1 of the Service or be eligible for selection for civilian service in the Corps; (3) submit an application to participate in the Scholarship Program; and (4) sign and submit to the Secretary, at the time of submittal of such application, a writ- ten contract (described in subsection (f)) to ac- cept payment of a scholarship and to serve (in accordance with this subpart) for the applica- ble period of obligated service in a health pro- fessional shortage area. (c) Review and evaluation of information and forms by prospective applicant (1) In disseminating application forms and contract forms to individuals desiring to partici- pate in the Scholarship Program, the Secretary shall include with such forms— (A) a fair summary of the rights and liabil- ities of an individual whose application is ap- proved (and whose contract is accepted) by the Secretary, including in the summary a clear explanation of the damages to which the United States is entitled under section 254o of this title in the case of the individual’s breach of the contract; and (B) information respecting meeting a service obligation through private practice under an agreement under section 254n of this title and such other information as may be necessary for the individual to understand the individ- ual’s prospective participation in the Scholar- ship Program and service in the Corps, includ- ing a statement of all factors considered in ap- proving applications for participation in the Program and in making assignments for par- ticipants in the Program. (2) 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 indi- vidual applying to participate in the Scholar- ship Program. The Secretary shall make such application forms, contract forms, and other in- formation available to individuals desiring to participate in the Scholarship Program on a date sufficiently early to insure that such indi- viduals have adequate time to carefully review and evaluate such forms and information. (3)(A) The Secretary shall distribute to health professions schools materials providing informa- tion on the Scholarship Program and shall en- courage the schools to disseminate the mate- rials to the students of the schools. (B)(i) In the case of any health professional whose period of obligated service under the Scholarship Program is nearing completion, the Secretary shall encourage the individual to re- main in a health professional shortage area and to continue providing primary health services. (ii) During the period in which a health profes- sional is planning and making the transition to private practice from obligated service under the Scholarship Program, the Secretary may provide assistance to the professional regarding such transition if the professional is remaining in a health professional shortage area and is continuing to provide primary health services. (C) In the case of entities to which partici- pants in the Scholarship Program are assigned under section 254f of this title, the Secretary shall encourage the entities to provide options with respect to assisting the participants in re- maining in the health professional shortage areas involved, and in continuing to provide pri- mary health services, after the period of obli- gated service under the Scholarship Program is completed. The options with respect to which the Secretary provides such encouragement may include options regarding the sharing of a single employment position in the health professions by 2 or more health professionals, and options regarding the recruitment of couples where both of the individuals are health professionals. (d) Factors considered in providing contracts; priorities (1) Subject to section 254f–1 of this title, in providing contracts under the Scholarship Pro- gram— (A) the Secretary shall consider the extent of the demonstrated interest of the applicants