42 U.S.C. § 297i — Procedures for appeal of terminations

Page 1105 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 297i 1968—Pub. L. 90–490 substituted ‘‘1974’’ for ‘‘1972’’ wherever appearing. 1966—Subsec. (a). Pub. L. 89–751, § 6(d)(1), (2), sub- stituted ‘‘an agreement pursuant to section 297a(b) of this title’’ for ‘‘this part’’ in opening provisions, and in par. (1) substituted ‘‘such balance’’ for ‘‘the balance’’. Subsec. (b). Pub. L. 89–751, § 6(d)(3), inserted ‘‘(other than so much of such fund as relates to payments from the revolving fund established by section 297f(d) of this title)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–92 effective Oct. 1, 1985, see section 10(a) of Pub. L. 99–92, set out as a note under section 297a of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by section 936(d) of Pub. L. 94–63 effec- tive July 1, 1975, see section 905 of Pub. L. 94–63, set out as a note under section 297a of this title. Amendment by section 941(h)(1), (2), (4)(B), (i)(1), (5) of Pub. L. 94–63 effective July 1, 1975, see section 942 of Pub. L. 94–63, set out as a note under section 297a of this title. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89–751 effective in the case of payments to student loan funds made after Nov. 3, 1966, except in the case of payments pursuant to commit- ments (made prior to Nov. 3, 1966) to make loans under section 297f of this title as in effect prior to Nov. 3, 1966, see section 6(e)(1) of Pub. L. 89–751, set out as a note under section 297d of this title. § 297f. Repealed. Pub. L. 94–63, title IX, § 936(e)(1), July 29, 1975, 89 Stat. 363 Section, act July 1, 1944, ch. 373, title VIII, § 827, as added Sept. 4, 1964, Pub. L. 88–581, § 2, 78 Stat. 917; amended Nov. 3, 1966, Pub. L. 89–751, § 6(a), 80 Stat. 1233; Aug. 16, 1968, Pub. L. 90–490, title II, § 222(g), 82 Stat. 785; July 9, 1971, Pub. L. 92–52, § 3(c), 85 Stat. 145; Nov. 18, 1971, Pub. L. 92–158, § 6(d)(2), 85 Stat. 478, set out provi- sions relating to terms, conditions, limitations, man- ner of payment, etc., of loans to schools of nursing to capitalize student loan funds. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1975, see section 905 of Pub. L. 94–63, set out as an Effective Date of 1975 Amendment note under section 297a of this title. AVAILABILITY OF NURSE TRAINING REVOLVING FUND FOR PAYMENT OF OBLIGATIONS DEPOSITS INTO FUND; TRANSFER OF EXCESS AMOUNTS TO GENERAL FUND OF TREASURY AUTHORIZATION OF APPROPRIATIONS Pub. L. 94–63, title IX, § 936(e)(2), (3), July 29, 1975, 89 Stat. 363, provided that: ‘‘(2) The nurse training fund created within the Treasury by section 827(d)(1) of the Act [42 U.S.C. 297f(d)(1)] shall remain available to the Secretary of Health, Education, and Welfare [now Health and Human Services] for the purpose of meeting his respon- sibilities respecting participations in obligations ac- quired under section 827 of the Act [42 U.S.C. 297f]. The Secretary shall continue to deposit in such fund all amounts received by him as interest payments or re- payments of principal on loans under such section 27[827]. If at any time the Secretary determines the moneys in the funds exceed the present and any reason- able prospective further requirements of such fund, such excess may be transferred to the general fund of the Treasury. ‘‘(3) There are authorized to be appropriated without fiscal year limitation such sums as may be necessary to enable the Secretary to make payments under agree- ments entered into under section 827(b) of the Act [42 U.S.C. 297f(b)] before the date of the enactment of this Act [July 29, 1975].’’ CONVERSION OF FEDERAL CAPITAL CONTRIBUTION TO A LOAN UNDER SECTION 297f OF THIS TITLE Pub. L. 89–751, § 6(e)(2), Nov. 3, 1966, 80 Stat. 1236, au- thorized the Secretary of Health, Education, and Wel- fare to convert a Federal capital contribution to a stu- dent loan fund of a particular institution, made under this subchapter, from funds appropriated pursuant thereto for the fiscal year ending June 30, 1967, to a loan under section 297f of this title. § 297g. Modification of agreements; compromise, waiver or release The Secretary may agree to modifications of agreements made under this part, and may com- promise, waive, or release any right, title, claim, or demand of the United States arising or acquired under this part. (July 1, 1944, ch. 373, title VIII, § 840, formerly § 828, as added Pub. L. 88–581, § 2, Sept. 4, 1964, 78 Stat. 917; renumbered § 840 and amended Pub. L. 94–63, title IX, § 941(h)(1), (4)(C), (i)(1), July 29, 1975, 89 Stat. 365; Pub. L. 111–148, title V, § 5310(b)(2), Mar. 23, 2010, 124 Stat. 631.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–148 substituted ‘‘this part’’ for ‘‘this subpart’’ in two places. 1975—Pub. L. 94–63, § 941(h)(1), (4)(C), substituted ‘‘sub- part’’ for ‘‘part’’ in two places and struck out ‘‘or loans’’ after ‘‘agreements’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94–63 effective July 1, 1975, see section 942 of Pub. L. 94–63, set out as a note under sec- tion 297a of this title. § 297h. Repealed. Pub. L. 99–92, § 9(a)(1), Aug. 16, 1985, 99 Stat. 400 Section, act July 1, 1944, ch. 373, title VIII, § 841, for- merly § 829, as added Aug. 16, 1968, Pub. L. 90–490, title II, § 222(h), 82 Stat. 785; renumbered § 841 and amended July 29, 1975, Pub. L. 94–63, title IX, § 941(i)(1), (6), 89 Stat. 365, 366, related to transfers to the scholarship program. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1985, see section 10(a) of Pub. L. 99–92, set out as an Effective Date of 1985 Amend- ment note under section 297a of this title. § 297i. Procedures for appeal of terminations In any case in which the Secretary intends to terminate an agreement with a school of nurs- ing under this part, the Secretary shall provide the school with a written notice specifying such intention and stating that the school may re- quest a formal hearing with respect to such ter- mination. If the school requests such a hearing within 30 days after the receipt of such notice, the Secretary shall provide such school with a hearing conducted by an administrative law judge. Page 1106 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 297n 1 See References in Text note below. 2 So in original. Probably should be ‘‘an’’. (July 1, 1944, ch. 373, title VIII, § 842, as added Pub. L. 99–92, § 8(g), Aug. 16, 1985, 99 Stat. 399; amended Pub. L. 111–148, title V, § 5310(b)(2), Mar. 23, 2010, 124 Stat. 631.) Editorial Notes PRIOR PROVISIONS A prior section 297i, act July 1, 1944, ch. 373, title VIII, § 830, as added Nov. 18, 1971, Pub. L. 92–158, § 6(b)(2), 85 Stat. 477, relating to loan forgiveness, was trans- ferred to and redesignated as subsec. (j) of section 823 of act July 1, 1944, which is classified to section 297b of this title, by Pub. L. 94–63, title IX, § 941(h)(5), July 29, 1975, 89 Stat. 365. A prior section 842 of act July 1, 1944, was renumbered section 852, and was classified to section 298a of this title prior to repeal by Pub. L. 105–392. A prior section 297j, act July 1, 1944, ch. 373, title VIII, § 843, as added Nov. 4, 1988, Pub. L. 100–607, title VII, § 715, 102 Stat. 3162; amended Nov. 18, 1988, Pub. L. 100–690, title II, § 2616(a), 102 Stat. 4240; Aug. 16, 1989, Pub. L. 101–93, § 5(s), 103 Stat. 614, provided grant au- thority for scholarships for undergraduate education of professional nurses, prior to repeal by Pub. L. 102–531, title III, § 313(a)(11), (c), Oct. 27, 1992, 106 Stat. 3507, ef- fective immediately after enactment of Pub. L. 102–408, approved Oct. 13, 1992. A prior section 843 of act July 1, 1944, was renumbered section 853, and was classified to section 298b of this title prior to repeal by Pub. L. 105–392. Another prior section 297j, act July 1, 1944, ch. 373, title VIII, § 845, formerly § 860, as added Aug. 16, 1968, Pub. L. 90–490, title II, § 223(a), 82 Stat. 785; amended July 9, 1971, Pub. L. 92–52, § 4, 85 Stat. 145; Nov. 18, 1971, Pub. L. 92–158, § 7, 85 Stat. 478; renumbered § 845 and amended July 29, 1975, Pub. L. 94–63, title IX, §§ 902(f), 937, 941(j)(1), (2), 89 Stat. 355, 363, 366; Sept. 29, 1979, Pub. L. 96–76, title I, § 110(a), (b), 93 Stat. 580; Aug. 13, 1981, Pub. L. 97–35, title XXVII, § 2758(a), (b), 95 Stat. 932, set forth provisions relating to scholarship grants to schools of nursing, prior to repeal by Pub. L. 99–92, § 9(a)(2), Aug. 16, 1985, 99 Stat. 400, eff. Oct. 1, 1985. A prior section 845 of act July 1, 1944, was renumbered section 855, and was classified to section 298b–2 of this title prior to repeal by Pub. L. 105–392. A prior section 297k, act July 1, 1944, ch. 373, title VIII, § 846, formerly § 861, as added Aug. 16, 1968, Pub. L. 90–490, title II, § 223(a), 82 Stat. 786; renumbered § 846 and amended July 29, 1975, Pub. L. 94–63, title IX, §§ 941(j)(1), (3), 89 Stat. 366, related to transfers of funds to student loan program, prior to repeal by Pub. L. 97–35, title XXVII, § 2758(c), Aug. 13, 1981, 95 Stat. 932. AMENDMENTS 2010—Pub. L. 111–148 substituted ‘‘this part’’ for ‘‘this subpart’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1985, see section 10(a) of Pub. L. 99–92, set out as an Effective Date of 1985 Amend- ment note under section 297a of this title. § 297n. Loan repayment and scholarship pro- grams (a) In general In the case of any individual— (1) who has received a baccalaureate or asso- ciate degree in nursing (or an equivalent de- gree), a diploma in nursing, or a graduate de- gree in nursing; (2) who obtained (A) one or more loans from a loan fund established under subpart II,1 or (B) any other educational loan for nurse train- ing costs; and (3) who enters into an agreement with the Secretary to serve as nurse for a period of not less than two years at a health care facility with a critical shortage of nurses, or in a 2 ac- credited school of nursing, as defined by sec- tion 296(2) of this title, as nurse faculty; the Secretary shall make payments in accord- ance with subsection (b), for and on behalf of that individual, on the principal of and interest on any loan of that individual described in para- graph (2) of this subsection which is outstanding on the date the individual begins the service specified in the agreement described in para- graph (3) of this subsection. (b) Manner of payments The payments described in subsection (a) shall be made by the Secretary as follows: (1) Upon completion by the individual for whom the payments are to be made of the first year of the service specified in the agreement entered into with the Secretary under sub- section (a), the Secretary shall pay 30 percent of the principal of, and the interest on each loan of such individual described in subsection (a)(2) which is outstanding on the date the in- dividual began such practice. (2) Upon completion by that individual of the second year of such service, the Secretary shall pay another 30 percent of the principal of, and the interest on each such loan. (3) Upon completion by that individual of a third year of such service, the Secretary shall pay another 25 percent of the principal of, and the interest on each such loan. (c) Payment by due date Notwithstanding the requirement of comple- tion of practice specified in subsection (b), the Secretary shall, on or before the due date there- of, pay any loan or loan installment which may fall due within the period of service for which the borrower may receive payments under this subsection, upon the declaration of such bor- rower, at such times and in such manner as the Secretary may prescribe (and supported by such other evidence as the Secretary may reasonably require), that the borrower is then serving as de- scribed by subsection (a)(3), and that the bor- rower will continue to so serve for the period re- quired (in the absence of this subsection) to en- title the borrower to have made the payments provided by this subsection for such period; ex- cept that not more than 85 percent of the prin- cipal of any such loan shall be paid pursuant to this subsection. (d) Scholarship program (1) In general The Secretary shall (for fiscal years 2003 and 2004) and may (for fiscal years thereafter) carry out a program of entering into contracts with eligible individuals under which such in- dividuals agree to serve as nurses for a period of not less than 2 years at a health care facil- ity with a critical shortage of nurses, in con- sideration of the Federal Government agreeing