42 U.S.C. § 293b — Loan repayments and fellowships regard-

Page 1016 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 293a making awards of grants or contracts that is termi- nated by the amendments made by this subtitle [sub- title A (§§ 101–110) of title I of Pub. L. 105–392, see Tables for classification], the Secretary of Health and Human Services may, notwithstanding the termination of the authority, continue in effect any grant or contract made under the authority that is in effect on the day before the date of the enactment of this Act [Nov. 13, 1998], subject to the duration of any such grant or con- tract not exceeding the period determined by the Sec- retary in first approving such financial assistance, or in approving the most recent request made (before the date of such enactment) for continuation of such assist- ance, as the case may be.’’ § 293a. Scholarships for disadvantaged students (a) In general The Secretary may make a grant to an eligi- ble entity (as defined in subsection (d)(1)) under this section for the awarding of scholarships by schools to any full-time student who is an eligi- ble individual as defined in subsection (d). Such scholarships may be expended only for tuition expenses, other reasonable educational expenses, and reasonable living expenses incurred in the attendance of such school. (b) Preference in providing scholarships The Secretary may not make a grant to an en- tity under subsection (a) unless the health pro- fessions and nursing schools involved agree that, in providing scholarships pursuant to the grant, the schools will give preference to students for whom the costs of attending the schools would constitute a severe financial hardship and, not- withstanding other provisions of this section, to former recipients of scholarships under sections 293 and 293d(d)(2)(B) of this title (as such sec- tions existed on the day before November 13, 1998). (c) Amount of award In awarding grants to eligible entities that are health professions and nursing schools, the Sec- retary shall give priority to eligible entities based on the proportion of graduating students going into primary care, the proportion of underrepresented minority students, and the proportion of graduates working in medically underserved communities. (d) Definitions In this section: (1) Eligible entities The term ‘‘eligible entities’’ means an entity that— (A) is a school of medicine, osteopathic medicine, dentistry, nursing (as defined in section 296 of this title), pharmacy, podiatric medicine, optometry, veterinary medicine, public health, chiropractic, or allied health, a school offering a graduate program in be- havioral and mental health practice, or an entity providing programs for the training of physician assistants; and (B) is carrying out a program for recruit- ing and retaining students from disadvan- taged backgrounds, including students who are members of racial and ethnic minority groups. (2) Eligible individual The term ‘‘eligible individual’’ means an in- dividual who— (A) is from a disadvantaged background; (B) has a financial need for a scholarship; and (C) is enrolled (or accepted for enrollment) at an eligible health professions or nursing school as a full-time student in a program leading to a degree in a health profession or nursing. (July 1, 1944, ch. 373, title VII, § 737, as added Pub. L. 105–392, title I, § 101(a), Nov. 13, 1998, 112 Stat. 3531.) Editorial Notes PRIOR PROVISIONS A prior section 293a, act July 1, 1944, ch. 373, title VII, § 737, as added Pub. L. 102–408, title I, § 102, Oct. 13, 1992, 106 Stat. 2023, authorized grants to health professions schools for provision of scholarships and undergraduate assistance, prior to the general amendment of this part by Pub. L. 105–392. Another prior section 293a, act July 1, 1944, ch. 373, title VII, § 721, as added Sept. 24, 1963, Pub. L. 88–129, § 2(b), 77 Stat. 165; amended Sept. 4, 1964, Pub. L. 88–581, § 3(b), 78 Stat. 919; Oct. 22, 1965, Pub. L. 89–290, §§ 3(b), (c), 5(a), 79 Stat. 1056–1058; Nov. 2, 1966, Pub. L. 89–709, § 2(b), 80 Stat. 1103; Aug. 16, 1968, Pub. L. 90–490, title I, §§ 103(a)(3), 105(a), (b), 82 Stat. 774; Nov. 18, 1971, Pub. L. 92–157, title I, §§ 102(e), (f)(1), (2)(A), (g), (h), (j)(2), (3), (7)(A), 108(b)(1), 85 Stat. 434–437, 461; Oct. 12, 1976, Pub. L. 94–484, title III, §§ 301, 303, 308(a), 90 Stat. 2253, 2254, 2256; Aug. 1, 1977, Pub. L. 95–83, title III, § 307(b), 91 Stat. 389; Oct. 17, 1979, Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692; Aug. 13, 1981, Pub. L. 97–35, title XXVII, §§ 2723(c), (d), 2724(a), 95 Stat. 916; Nov. 4, 1988, Pub. L. 100–607, title VI, §§ 628(4), 629(b)(2), 102 Stat. 3145, 3146; Aug. 16, 1989, Pub. L. 101–93, § 5(o)(1), 103 Stat. 614, related to applications and eligibility for grants for construction of teaching facilities for medical, dental, and other health personnel, prior to the general revi- sion of this subchapter by Pub. L. 102–408. A prior section 737 of act July 1, 1944, was classified to section 294j of this title prior to the general revision of this subchapter by Pub. L. 102–408. § 293b. Loan repayments and fellowships regard- ing faculty positions (a) Loan repayments (1) Establishment of program The Secretary shall establish a program of entering into contracts with individuals de- scribed in paragraph (2) under which the indi- viduals agree to serve as members of the fac- ulties of schools described in paragraph (3) in consideration of the Federal Government agreeing to pay, for each year of such service, not more than $30,000 of the principal and in- terest of the educational loans of such individ- uals. (2) Eligible individuals The individuals referred to in paragraph (1) are individuals from disadvantaged back- grounds who— (A) have a degree in medicine, osteopathic medicine, dentistry, nursing, or another health profession; (B) are enrolled in an approved graduate training program in medicine, osteopathic medicine, dentistry, nursing, or other health profession; or (C) are enrolled as full-time students— (i) in an accredited (as determined by the Secretary) school described in paragraph (3); and Page 1017 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 293b (ii) in the final year of a course of a study or program, offered by such institu- tion and approved by the Secretary, lead- ing to a degree from such a school. (3) Eligible health professions schools The schools described in this paragraph are schools of medicine, nursing (as schools of nursing are defined in section 296 of this title), osteopathic medicine, dentistry, pharmacy, al- lied health, podiatric medicine, optometry, veterinary medicine, or public health, schools offering physician assistant education pro- grams, or schools offering graduate programs in behavioral and mental health. (4) Requirements regarding faculty positions The Secretary may not enter into a contract under paragraph (1) unless— (A) the individual involved has entered into a contract with a school described in paragraph (3) to serve as a member of the faculty of the school for not less than 2 years; and (B) the contract referred to in subpara- graph (A) provides that— (i) the school will, for each year for which the individual will serve as a mem- ber of the faculty under the contract with the school, make payments of the prin- cipal and interest due on the educational loans of the individual for such year in an amount equal to the amount of such pay- ments made by the Secretary for the year; (ii) the payments made by the school pursuant to clause (i) on behalf of the indi- vidual will be in addition to the pay that the individual would otherwise receive for serving as a member of such faculty; and (iii) the school, in making a determina- tion of the amount of compensation to be provided by the school to the individual for serving as a member of the faculty, will make the determination without re- gard to the amount of payments made (or to be made) to the individual by the Fed- eral Government under paragraph (1). (5) Applicability of certain provisions The provisions of sections 254m, 254p, and 254q–1 of this title shall apply to the program established in paragraph (1) to the same ex- tent and in the same manner as such provi- sions apply to the National Health Service Corps Loan Repayment Program established in subpart III of part D of subchapter II, in- cluding the applicability of provisions regard- ing reimbursements for increased tax liability and regarding bankruptcy. (6) Waiver regarding school contributions The Secretary may waive the requirement established in paragraph (4)(B) if the Sec- retary determines that the requirement will impose an undue financial hardship on the school involved. (b) Fellowships (1) In general The Secretary may make grants to and enter into contracts with eligible entities to assist such entities in increasing the number of underrepresented minority individuals who are members of the faculty of such schools. (2) Applications To be eligible to receive a grant or contract under this subsection, an entity shall provide an assurance, in the application submitted by the entity, that— (A) amounts received under such a grant or contract will be used to award a fellow- ship to an individual only if the individual meets the requirements of paragraphs (3) and (4); and (B) each fellowship awarded pursuant to the grant or contract will include— (i) a stipend in an amount not exceeding 50 percent of the regular salary of a simi- lar faculty member for not to exceed 3 years of training; and (ii) an allowance for other expenses, such as travel to professional meetings and costs related to specialized training. (3) Eligibility To be eligible to receive a grant or contract under paragraph (1), an applicant shall dem- onstrate to the Secretary that such applicant has or will have the ability to— (A) identify, recruit and select underrep- resented minority individuals who have the potential for teaching, administration, or conducting research at a health professions institution; (B) provide such individuals with the skills necessary to enable them to secure a tenured faculty position at such institution, which may include training with respect to pedagogical skills, program administration, the design and conduct of research, grants writing, and the preparation of articles suit- able for publication in peer reviewed jour- nals; (C) provide services designed to assist such individuals in their preparation for an aca- demic career, including the provision of counselors; and (D) provide health services to rural or medically underserved populations. (4) Requirements To be eligible to receive a grant or contract under paragraph (1) an applicant shall— (A) provide an assurance that such appli- cant will make available (directly through cash donations) $1 for every $1 of Federal funds received under this section for the fel- lowship; (B) provide an assurance that institutional support will be provided for the individual for the second and third years at a level that is equal to the total amount of institutional funds provided in the year in which the grant or contract was awarded; (C) provide an assurance that the indi- vidual that will receive the fellowship will be a member of the faculty of the applicant school; and (D) provide an assurance that the indi- vidual that will receive the fellowship will have, at a minimum, appropriate advanced preparation (such as a master’s or doctoral degree) and special skills necessary to en- able such individual to teach and practice. Page 1018 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 293c (5) Definition For purposes of this subsection, the term ‘‘underrepresented minority individuals’’ means individuals who are members of racial or ethnic minority groups that are underrep- resented in the health professions including nursing. (July 1, 1944, ch. 373, title VII, § 738, as added Pub. L. 105–392, title I, § 101(a), Nov. 13, 1998, 112 Stat. 3532; amended Pub. L. 111–148, title V, § 5402(a), title X, § 10501(d), Mar. 23, 2010, 124 Stat. 644, 995.) Editorial Notes REFERENCES IN TEXT Subpart III of part D of subchapter II, referred to in subsec. (a)(5), is classified to section 254l et seq. of this title. PRIOR PROVISIONS A prior section 293b, act July 1, 1944, ch. 373, title VII, § 738, as added Pub. L. 102–408, title I, § 102, Oct. 13, 1992, 106 Stat. 2025, related to loan repayments and fellow- ships regarding faculty positions, prior to the general amendment of this part by Pub. L. 105–392. Another prior section 293b, act July 1, 1944, ch. 373, title VII, § 722, as added Sept. 24, 1963, Pub. L. 88–129, § 2(b), 77 Stat. 168; amended Aug. 16, 1968, Pub. L. 90–490, title I, §§ 102(a), 104(a), 82 Stat. 773, 774; Nov. 18, 1971, Pub. L. 92–157, title I, § 102(b), (j)(4), (7), 85 Stat. 431, 436, 437; Oct. 12, 1976, Pub. L. 94–484, title III, § 304, 90 Stat. 2255; Aug. 13, 1981, Pub. L. 97–35, title XXVII, § 2723(e), 95 Stat. 916, related to amounts of grants and grants for multipurpose facilities, prior to the general revision of this subchapter by Pub. L. 102–408. A prior section 738 of act July 1, 1944, was classified to section 294k of this title prior to the general revision of this subchapter by Pub. L. 102–408. AMENDMENTS 2010—Subsec. (a)(1). Pub. L. 111–148, § 5402(a), sub- stituted ‘‘$30,000’’ for ‘‘$20,000’’. Subsec. (a)(3). Pub. L. 111–148, § 10501(d), inserted ‘‘schools offering physician assistant education pro- grams,’’ after ‘‘public health,’’. § 293c. Educational assistance in the health pro- fessions regarding individuals from dis- advantaged backgrounds (a) In general (1) Authority for grants For the purpose of assisting individuals from disadvantaged backgrounds, as determined in accordance with criteria prescribed by the Secretary, to undertake education to enter a health profession, the Secretary may make grants to and enter into contracts with schools of medicine, osteopathic medicine, public health, dentistry, veterinary medicine, optometry, pharmacy, allied health, chiro- practic, and podiatric medicine, public and nonprofit private schools that offer graduate programs in behavioral and mental health, programs for the training of physician assist- ants, and other public or private nonprofit health or educational entities to assist in meeting the costs described in paragraph (2). (2) Authorized expenditures A grant or contract under paragraph (1) may be used by the entity to meet the cost of— (A) identifying, recruiting, and selecting individuals from disadvantaged back- grounds, as so determined, for education and training in a health profession; (B) facilitating the entry of such individ- uals into such a school; (C) providing counseling, mentoring, or other services designed to assist such indi- viduals to complete successfully their edu- cation at such a school; (D) providing, for a period prior to the entry of such individuals into the regular course of education of such a school, pre- liminary education and health research training designed to assist them to complete successfully such regular course of edu- cation at such a school, or referring such in- dividuals to institutions providing such pre- liminary education; (E) publicizing existing sources of finan- cial aid available to students in the edu- cation program of such a school or who are undertaking training necessary to qualify them to enroll in such a program; (F) paying such scholarships as the Sec- retary may determine for such individuals for any period of health professions edu- cation at a health professions school; (G) paying such stipends as the Secretary may approve for such individuals for any pe- riod of education in student-enhancement programs (other than regular courses), ex- cept that such a stipend may not be provided to an individual for more than 12 months, and such a stipend shall be in an amount de- termined appropriate by the Secretary (not- withstanding any other provision of law re- garding the amount of stipends); (H) carrying out programs under which such individuals gain experience regarding a career in a field of primary health care through working at facilities of public or private nonprofit community-based pro- viders of primary health services; and (I) conducting activities to develop a larg- er and more competitive applicant pool through partnerships with institutions of higher education, school districts, and other community-based entities. (3) Definition In this section, the term ‘‘regular course of education of such a school’’ as used in sub- paragraph (D) includes a graduate program in behavioral or mental health. (b) Requirements for awards In making awards to eligible entities under subsection (a)(1), the Secretary shall give pref- erence to approved applications for programs that involve a comprehensive approach by sev- eral public or nonprofit private health or edu- cational entities to establish, enhance and ex- pand educational programs that will result in the development of a competitive applicant pool of individuals from disadvantaged backgrounds who desire to pursue health professions careers. In considering awards for such a comprehensive partnership approach, the following shall apply with respect to the entity involved: (1) The entity shall have a demonstrated commitment to such approach through formal