42 U.S.C. § 297o — Eligible individual student loan repay-

Page 1110 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 297o 1 So in original. Probably should be followed by a comma. 2 So in original. Probably should not be capitalized. 3 So in original. Probably should be ‘‘individual student loan repayments’’. Subsec. (f). Pub. L. 111–148, § 5311(a)(4), substituted ‘‘2010 through 2014’’ for ‘‘2003 through 2007’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 effective as if included in the enactment of Pub. L. 116–136, see section 331(d) of div. BB of Pub. L. 116–260, set out as a note under sec- tion 294c of this title. § 297o. Eligible individual student loan repay- ment (a) In general The Secretary, acting through the Adminis- trator of the Health Resources and Services Ad- ministration, may enter into an agreement with eligible individuals for the repayment of edu- cation loans, in accordance with this section, to increase the number of qualified nursing fac- ulty. (b) Agreements Each agreement entered into under this sub- section shall require that the eligible individual shall serve as a full-time member of the faculty of an accredited school of nursing, for a total pe- riod, in the aggregate, of at least 4 years during the 6-year period beginning on the later of— (1) the date on which the individual receives a master’s or doctorate nursing degree from an accredited school of nursing; or (2) the date on which the individual enters into an agreement under this subsection. (c) Agreement provisions Agreements entered into pursuant to sub- section (b) shall be entered into on such terms and conditions as the Secretary may determine, except that— (1) not more than 10 months after the date on which the 6-year period described under subsection (b) begins, but in no case before the individual starts as a full-time member of the faculty of an accredited school of nursing 1 the Secretary shall begin making payments, for and on behalf of that individual, on the out- standing principal of, and interest on, any loan of that individual obtained to pay for such degree; (2) for an individual who has completed a master’s in nursing or equivalent degree in nursing— (A) payments may not exceed $10,000 per calendar year; and (B) total payments may not exceed $40,000 during the 2010 and 2011 fiscal years (after fiscal year 2011, such amounts shall be ad- justed to provide for a cost-of-attendance in- crease for the yearly loan rate and the ag- gregate loan); and (3) for an individual who has completed a doctorate or equivalent degree in nursing— (A) payments may not exceed $20,000 per calendar year; and (B) total payments may not exceed $80,000 during the 2010 and 2011 fiscal years (ad- justed for subsequent fiscal years as pro- vided for in the same manner as in para- graph (2)(B)). (d) Breach of agreement (1) In general In the case of any agreement made under subsection (b), the individual is liable to the Federal Government for the total amount paid by the Secretary under such agreement, and for interest on such amount at the maximum legal prevailing rate, if the individual fails to meet the agreement terms required under such subsection. (2) Waiver or suspension of liability In the case of an individual making an agreement for purposes of paragraph (1), the Secretary shall provide for the waiver or sus- pension of liability under such paragraph if compliance by the individual with the agree- ment involved is impossible or would involve extreme hardship to the individual or if en- forcement of the agreement with respect to the individual would be unconscionable. (3) Date certain for recovery Subject to paragraph (2), any amount that the Federal Government is entitled to recover under paragraph (1) shall be paid to the United States not later than the expiration of the 3- year period beginning on the date the United States becomes so entitled. (4) Availability Amounts recovered under paragraph (1) shall be available to the Secretary for making loan repayments under this section and shall re- main available for such purpose until ex- pended. (e) Eligible individual defined For purposes of this section, the term ‘‘eligi- ble individual’’ means an individual who— (1) is a United States citizen, national, or lawful permanent resident; (2) holds an unencumbered license as a reg- istered nurse; and (3) has either already completed a master’s or doctorate nursing program at an accredited school of nursing or is currently enrolled on a full-time or part-time basis in such a program. (f) Priority For the purposes of this section and section 297n–1 of this title, funding priority will be awarded to School of Nursing Student Loans 2 that support doctoral nursing students or Indi- vidual Student Loan Repayment 3 that support doctoral nursing students. (July 1, 1944, ch. 373, title VIII, § 847, as added Pub. L. 111–148, title V, § 5311(b), Mar. 23, 2010, 124 Stat. 632; amended Pub. L. 116–136, div. A, title III, § 3404(a)(10), Mar. 27, 2020, 134 Stat. 394.) Editorial Notes PRIOR PROVISIONS A prior section 847 of act July 1, 1944, was classified to section 297n of this title prior to repeal by Pub. L. 102–408. A prior section 297q, act July 1, 1944, ch. 373, title VIII, § 841, as added Pub. L. 105–392, title I, § 123(5), Nov. Page 1111 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 297t 13, 1998, 112 Stat. 3569, was renumbered section 871 of act July 1, 1944, and amended by Pub. L. 111–148, title V, §§ 5310(b)(7), 5312, Mar. 23, 2010, 124 Stat. 631, 633, and transferred to section 298d of this title. AMENDMENTS 2020—Subsec. (g). Pub. L. 116–136 struck out subsec. (g). Text read as follows: ‘‘There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2010 through 2014.’’ PART F—NATIONAL ADVISORY COUNCIL ON NURSE EDUCATION AND PRACTICE Editorial Notes CODIFICATION Pub. L. 111–148, title V, § 5310(b)(8)(B), Mar. 23, 2010, 124 Stat. 631, redesignated part G ‘‘National Advisory Council on Nurse Education and Practice’’ as F. PRIOR PROVISIONS A prior part F, consisting of section 297q, was redesig- nated part I (§ 298d) of this subchapter. § 297t. National Advisory Council on Nurse Edu- cation and Practice (a) Establishment The Secretary shall establish an advisory council to be known as the National Advisory Council on Nurse Education and Practice (in this section referred to as the ‘‘Advisory Coun- cil’’). (b) Composition (1) In general The Advisory Council shall be composed of— (A) not less than 21, nor more than 23 indi- viduals, who are not officers or employees of the Federal Government, appointed by the Secretary without regard to the Federal civil service laws, of which— (i) 2 shall be selected from full-time stu- dents enrolled in schools of nursing; (ii) 2 shall be selected from the general public; (iii) 2 shall be selected from practicing professional nurses; and (iv) 9 shall be selected from among the leading authorities in the various fields of nursing, higher, secondary education, and associate degree schools of nursing, and from representatives of advanced edu- cation nursing groups (such as nurse prac- titioners, nurse midwives, nurse anes- thetists, and clinical nurse specialists), hospitals, and other institutions and orga- nizations which provide nursing services; and (B) the Secretary (or the delegate of the Secretary (who shall be an ex officio member and shall serve as the Chairperson)). (2) Appointment Not later than 90 days after November 13, 1998, the Secretary shall appoint the members of the Advisory Council and each such member shall serve a 4 year term. In making such ap- pointments, the Secretary shall ensure a fair balance between the nursing professions, a broad geographic representation of members and a balance between urban and rural mem- bers. Members shall be appointed based on their competence, interest, and knowledge of the mission of the profession involved. A ma- jority of the members shall be nurses. (3) Minority representation In appointing the members of the Advisory Council under paragraph (1), the Secretary shall ensure the adequate representation of minorities. (c) Vacancies (1) In general A vacancy on the Advisory Council shall be filled in the manner in which the original ap- pointment was made and shall be subject to any conditions which applied with respect to the original appointment. (2) 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 Council shall— (1) provide advice and recommendations to the Secretary and Congress concerning policy matters arising in the administration of this subchapter, including the range of issues re- lating to the nurse workforce, education, and practice improvement; (2) provide advice to the Secretary and Con- gress in the preparation of general regulations and with respect to policy matters arising in the administration of this subchapter, includ- ing the range of issues relating to nurse sup- ply, education and practice improvement; and (3) not later than 2 years after March 27, 2020, and annually thereafter, prepare and sub- mit to the Secretary, 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 describing the activities of the Council, including findings and recommendations made by the Council concerning the activities under this subchapter. (e) Meetings and documents (1) Meetings The Advisory Council shall meet not less than 2 times each year. Such meetings shall be held jointly with other related entities estab- lished under this subchapter where appro- priate. (2) Documents Not later than 14 days prior to the convening of a meeting under paragraph (1), the Advisory Council shall prepare and make available an agenda of the matters to be considered by the Advisory Council at such meeting. At any such meeting, the Advisory Council shall dis- tribute 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 Council shall prepare and make available a summary of the meeting and any actions taken by the Council based upon the meeting.