42 U.S.C. § 292 — Statement of purpose

Page 988 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 292 (2) the costs to the facility of providing health services in the facility and the charges made by the facility for providing such serv- ices, during the period with respect to which the statement is filed. (July 1, 1944, ch. 373, title VI, § 646, as added Pub. L. 91–296, title I, § 121, June 30, 1970, 84 Stat. 343.) Editorial Notes PRIOR PROVISIONS Sections 291p to 291z were omitted in the general amendment of this subchapter by Pub. L. 88–443, Aug. 18, 1964, 78 Stat. 447. Section 291p, act July 1, 1944, ch. 373, title VI, § 646, as added July 12, 1954, ch. 471, § 2, 68 Stat. 461, related to appropriations to States for carrying out purposes of section 291o(a) of this title. Section 291q, act July 1, 1944, ch. 373, title VI, § 647, as added July 12, 1954, ch. 471, § 2, 68 Stat. 461, related to State application for funds for carrying out purposes of section 291o(a) of this title. Section 291r, act July 1, 1944, ch. 373, title VI, § 648, as added July 12, 1954, ch. 471, § 2, 68 Stat. 462, related to allotments to States of appropriations made pursuant to section 291p of this title. Section 291s, act July 1, 1944, ch. 373, title VI, § 651, as added July 12, 1954, ch. 471, § 3, 68 Stat. 462; amended Aug. 2, 1956, ch. 871, title IV, § 402, 70 Stat. 929; Aug. 14, 1958, Pub. L. 85–664, § 1(b), 72 Stat. 616; Oct. 5, 1961, Pub. L. 87–395, § 3(a), 75 Stat. 825, related to appropriations for assistance to States in carrying out purposes of sec- tion 291o(b) of this title. Section 291t, act July 1, 1944, ch. 373, title VI, 652, as added July 12, 1954, ch. 471, § 3, 68 Stat. 462; amended Aug. 1, 1956, ch. 852, § 19(c), 70 Stat. 911; Oct. 5, 1961, Pub. L. 87–395, § 3(b), 75 Stat. 825; Sept. 25, 1962, Pub. L. 87–688, § 4(a)(3), 76 Stat. 587, related to allotments to States of sums appropriated under section 291s of this title. Section 291u, act July 1, 1944, ch. 373, title VI, § 653, as added July 12, 1954, ch. 471, § 3, 68 Stat. 463, related to revision of regulations and State plans to cover bene- fits of sections 291s to 291v of this title. Section 291v, act July 1, 1944, ch. 373, title VI, § 654, as added July 12, 1954, ch. 471, § 3, 68 Stat. 463; amended Aug. 14, 1959, Pub. L. 86–158, title II, § 201, 73 Stat. 349, related to applications and payments for projects under sections 291s to 291v of this title. Section 291w, act July 1, 1944, ch. 373, title VI, § 661, as added Aug. 1, 1958, Pub. L. 85–589, 72 Stat. 489; amend- ed Oct. 5, 1961, Pub. L. 87–395, § 6, 75 Stat. 826, related to an authorization of Surgeon General to make loans for construction. Section 291x, act July 1, 1944, ch. 373, title VI, § 662, as added Aug. 1, 1958, Pub. L. 85–589, 72 Stat. 489, related to approval of construction loans by Surgeon General. Section 291y, act July 1, 1944, ch. 373, title VI, § 663, as added Aug. 1, 1958, Pub. L. 85–589, 72 Stat. 489, related to terms of the loans with respect to sections 291w to 291z of this title. Section 291z, act July 1, 1944, ch. 373, title VI, § 664, as added Aug. 1, 1958, Pub. L. 85–589, 72 Stat. 490, related to allotment of funds for loans under this subchapter. SUBCHAPTER V—HEALTH PROFESSIONS EDUCATION Statutory Notes and Related Subsidiaries HEALTH WORKFORCE COORDINATION Pub. L. 116–136, div. A, title III, § 3402, Mar. 27, 2020, 134 Stat. 387, provided that: ‘‘(a) STRATEGIC PLAN.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Mar. 27, 2020], the Sec- retary of Health and Human Services (referred to in this Act [probably means S. 2997 of the 116th Con- gress, a related bill which was not enacted into law] as the ‘Secretary’), in consultation with the Advisory Committee on Training in Primary Care Medicine and Dentistry and the Advisory Council on Graduate Medical Education, shall develop a comprehensive and coordinated plan with respect to the health care workforce development programs of the Department of Health and Human Services, including education and training programs. ‘‘(2) REQUIREMENTS.—The plan under paragraph (1) shall— ‘‘(A) include performance measures to determine the extent to which the programs described in para- graph (1) are strengthening the Nation’s health care system; ‘‘(B) identify any gaps that exist between the out- comes of programs described in paragraph (1) and projected health care workforce needs identified in workforce projection reports conducted by the Health Resources and Services Administration; ‘‘(C) identify actions to address the gaps described in subparagraph (B); and ‘‘(D) identify barriers, if any, to implementing the actions identified under subparagraph (C). ‘‘(b) COORDINATION WITH OTHER AGENCIES.—The Sec- retary shall coordinate with the heads of other Federal agencies and departments that fund or administer health care workforce development programs, includ- ing education and training programs, to— ‘‘(1) evaluate the performance of such programs, in- cluding the extent to which such programs are effi- cient and effective and are meeting the nation’s [sic] health workforce needs; and ‘‘(2) identify opportunities to improve the quality and consistency of the information collected to evaluate within and across such programs, and to im- plement such improvements. ‘‘(c) REPORT.—Not later than 2 years after the date of enactment of this Act [Mar. 27, 2020], the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representa- tives, a report describing the plan developed under sub- section (a) and actions taken to implement such plan.’’ PART A—STUDENT LOANS SUBPART I—INSURED HEALTH EDUCATION ASSISTANCE LOANS TO GRADUATE STUDENTS § 292. Statement of purpose The purpose of this subpart is to enable the Secretary to provide a Federal program of stu- dent loan insurance for students in (and certain former students of) eligible institutions (as de- fined in section 292o of this title). (July 1, 1944, ch. 373, title VII, § 701, as added Pub. L. 102–408, title I, § 102, Oct. 13, 1992, 106 Stat. 1994.) Editorial Notes PRIOR PROVISIONS A prior section 292, act July 1, 1944, ch. 373, title VII, § 700, as added Oct. 12, 1976, Pub. L. 94–484, title II, § 201(b), 90 Stat. 2246, set forth limitations on use of ap- propriations, prior to repeal by Pub. L. 97–35, title XXVII, § 2715, Aug. 13, 1981, 95 Stat. 913. Another prior section 292, act July 1, 1944, ch. 373, title VII, § 701, as added July 30, 1956, ch. 779, § 2, 70 Stat. 717; amended Sept. 24, 1963, Pub. L. 88–129, § 2(a), 77 Stat. 164, stated Congressional findings and declaration of policy respecting grants for construction of health re- search facilities, prior to repeal by Pub. L. 94–484, title II, § 201(a), Oct. 12, 1976, 90 Stat. 2246. Page 989 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 292a A prior section 701 of act July 1, 1944, was classified to section 292a of this title prior to the general revision of this subchapter by Pub. L. 102–408. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 102–408, title I, § 103, Oct. 13, 1992, 106 Stat. 2069, provided that: ‘‘The amendment made by section 102 [enacting this subchapter] takes effect on the date of the enactment of this Act [Oct. 13, 1992], except that section 708 of the Public Health Service Act [42 U.S.C. 292g], as added by section 102 of this Act, takes effect January 1, 1993. Until such date, section 732(c) of the Public Health Service Act [former 42 U.S.C. 294e(c)], as in effect on the day before the date of the enactment of this Act, continues in effect in lieu of such section 708.’’ TRANSFER OF HEALTH EDUCATION ASSISTANCE LOAN PROGRAM Pub. L. 113–76, div. H, title V, § 525, Jan. 17, 2014, 128 Stat. 413, provided that: ‘‘(a) IN GENERAL.—The Health Education Assistance Loan (‘HEAL’) program under title VII, part A, subpart I of the PHS [Public Health Service] Act [42 U.S.C. 292 et seq.], and the authority to administer such program, including servicing, collecting, and enforcing any loans that were made under such program that remain out- standing, shall be permanently transferred from the Secretary of Health and Human Services to the Sec- retary of Education no later than the end of the first fiscal quarter that begins after the date of enactment of this Act [Jan. 17, 2014]. ‘‘(b) TRANSFER OF FUNCTIONS, ASSETS, AND LIABIL- ITIES.—The functions, assets, and liabilities of the Sec- retary of Health and Human Services relating to such program shall be transferred to the Secretary of Edu- cation. ‘‘(c) INTERDEPARTMENTAL COORDINATION OF TRANS- FER.—The Secretary of Health and Human Services and the Secretary of Education shall carry out the transfer of the HEAL program described in subsection (a), in- cluding the transfer of the functions, assets, and liabil- ities specified in subsection (b), in the manner that they determine is most appropriate. ‘‘(d) USE OF AUTHORITIES UNDER HEA OF 1965.—In servicing, collecting, and enforcing the loans described in subsection (a), the Secretary of Education shall have available any and all authorities available to such Sec- retary in servicing, collecting, or enforcing a loan made, insured, or guaranteed under part B of title IV of the HEA [Higher Education Act] of 1965 [20 U.S.C. 1071 et seq.]. ‘‘(e) CONFORMING AMENDMENTS.—[Amended section 292o of this title.]’’ STUDY ON EFFECTIVENESS OF HEALTH PROFESSIONS PROGRAMS Pub. L. 102–408, title III, § 309, Oct. 13, 1992, 106 Stat. 2089, directed the Comptroller General to conduct a study of the programs carried out under this sub- chapter and subchapter VI of this chapter for the pur- pose of determining the effectiveness of such programs in increasing the number of primary care providers (physicians, physician assistants, nurse midwives, nurse practitioners and general dentists), nurses and allied health personnel, improving the geographic dis- tribution of health professionals in medically under- served and rural areas, and recruiting and retaining as students in health professions schools individuals who are members of a minority group, and report to the Congress not later than Jan. 1, 1994, on findings and recommendations made as a result of the study rel- evant to the reauthorization of such programs. § 292a. Scope and duration of loan insurance pro- gram (a) In general The total principal amount of new loans made and installments paid pursuant to lines of credit (as defined in section 292o of this title) to bor- rowers covered by Federal loan insurance under this subpart shall not exceed $350,000,000 for fis- cal year 1993, $375,000,000 for fiscal year 1994, and $425,000,000 for fiscal year 1995. If the total amount of new loans made and installments paid pursuant to lines of credit in any fiscal year is less than the ceiling established for such year, the difference between the loans made and installments paid and the ceiling shall be car- ried over to the next fiscal year and added to the ceiling applicable to that fiscal year, and if in any fiscal year no ceiling has been established, any difference carried over shall constitute the ceiling for making new loans (including loans to new borrowers) and paying installments for such fiscal year. Thereafter, Federal loan insurance pursuant to this subpart may be granted only for loans made (or for loan installments paid pursuant to lines of credit) to enable students, who have obtained prior loans insured under this subpart, to continue or complete their edu- cational program or to obtain a loan under sec- tion 292d(a)(1)(B) of this title to pay interest on such prior loans; but no insurance may be grant- ed for any loan made or installment paid after September 30, 1998. The total principal amount of Federal loan insurance available under this subsection shall be granted by the Secretary without regard to any apportionment for the purpose of chapter 15 of title 31 and without re- gard to any similar limitation. (b) Certain limitations and priorities (1) Limitations regarding lenders, States, or areas The Secretary may, if necessary to assure an equitable distribution of the benefits of this subpart, assign, within the maximum amounts specified in subsection (a), Federal loan insur- ance quotas applicable to eligible lenders, or to States or areas, and may from time to time reassign unused portions of these quotas. (2) Priority for certain lenders In providing certificates of insurance under section 292e of this title through comprehen- sive contracts, the Secretary shall give pri- ority to eligible lenders that agree— (A) to make loans to students at interest rates below the rates prevailing, during the period involved, for loans covered by Federal loan insurance pursuant to this subpart; or (B) to make such loans under terms that are otherwise favorable to the student rel- ative to the terms under which eligible lend- ers are generally making such loans during such period. (c) Authority of Student Loan Marketing Associa- tion (1) In general Subject to paragraph (2), the Student Loan Marketing Association, established under part B of title IV of the Higher Education Act of 1965 [20 U.S.C. 1071 et seq.], is authorized to make advances on the security of, purchase, service, sell, consolidate, or otherwise deal in loans which are insured by the Secretary under this subpart, except that if any loan made under this subpart is included in a con-