§298b–7. Certain generally applicable provisions
(a) Application for grants, cooperative agreements, or contracts
The Secretary may make an award of a grant, cooperative agreement, or contract under this subchapter only if an application for the award is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out the program authorizing the award.
(b) Duration of assistance
(1) In general
Subject to paragraph (2), in the case of an award to an entity of a grant, cooperative agreement, or contract under this subchapter, the period during which payments are made to the entity under the award may not exceed 5 years. The provision of payments under the award shall be subject to annual approval by the Secretary of the payments and subject to the availability of appropriations for the fiscal year involved to make the payments. This paragraph may not be construed as limiting the number of awards under the program involved that may be made to the entity.
(2) Limitation
In the case of an award to an entity of a grant, cooperative agreement, or contract under this subchapter, paragraph (1) shall apply only to the extent not inconsistent with any other provision of this subchapter that relates to the period during which payments may be made under the award.
(c) Breach of agreements for obligated service
(1) In general
In the case of any program under this subchapter under which an individual makes an agreement to provide health services for a period of time in accordance with such program in consideration of receiving an award of Federal funds regarding education as a nurse (including an award for the repayment of loans), the following applies if the agreement provides that this subsection is applicable:
(A) In the case of a program under this subchapter that makes an award of Federal funds for attending an accredited program of nursing (in this subsection referred to as "nursing program"), the individual is liable to the Federal Government for the amount of such award (including amounts provided for expenses related to such attendance), and for interest on such amount at the maximum legal prevailing rate, if the individual-
(i) fails to maintain an acceptable level of academic standing in the nursing program (as indicated by the program in accordance with requirements established by the Secretary);
(ii) is dismissed from the nursing program for disciplinary reasons; or
(iii) voluntarily terminates the nursing program.
(B) The individual is liable to the Federal Government for the amount of such award (including amounts provided for expenses related to such attendance), and for interest on such amount at the maximum legal prevailing rate, if the individual fails to provide health services in accordance with the program under this subchapter for the period of time applicable under the program.
(2) Waiver or suspension of liability
In the case of an individual or health facility making an agreement for purposes of paragraph (1), the Secretary shall provide for the waiver or suspension of liability under such paragraph if compliance by the individual or the health facility, as the case may be, with the agreements involved is impossible, or would involve extreme hardship to the individual or facility, and if enforcement of the agreements with respect to the individual or facility 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 three-year period beginning on the date the United States becomes so entitled.
(4) Availability
Amounts recovered under paragraph (1) with respect to a program under this subchapter shall be available for the purposes of such program, and shall remain available for such purposes until expended.
(d) Peer review regarding certain programs
Each application for a grant or contract under any of sections 296l, 296m, and 296r of this title shall be submitted to a peer review group for an evaluation of the merits of the proposals made in the application. The Secretary may not approve such an application unless a peer review group has recommended the application for approval. Each peer review group under this subsection shall be composed principally of individuals who are not officers or employees of the Federal Government. This subsection shall be carried out by the Secretary acting through the Administrator of the Health Resources and Services Administration.
(e) Preferences and required information in certain programs
(1) Preferences in making awards
(A) Subject to subparagraph (B), in awarding grants or contracts under any of sections 296l, 296m, 297, and 297–1 of this title, the Secretary shall give preference to any qualified applicant that-
(i) has a high rate for placing graduates in practice settings having the principal focus of serving residents of medically underserved communities; or
(ii) during the 2-year period preceding the fiscal year for which such an award is sought, has achieved a significant increase in the rate of placing graduates in such settings.
(B) For purposes of subparagraph (A), the Secretary may not give an applicant preference if the proposal of the applicant is ranked at or below the 20th percentile of proposals that have been recommended for approval by peer review groups under subsection (d) of this section.
(2) Required submission of information
The Secretary may make an award of a grant or contract under any of sections 296l, 296m, 297, and 297–1 of this title only if the applicant for the award submits to the Secretary (through the application for the award) the following information regarding the programs of the applicant:
(A) A description of rotations or preceptorships for students that have the principal focus of providing health care to medically underserved communities.
(B) The number of faculty on admissions committees who have a clinical practice in community-based ambulatory settings in medically underserved or rural communities.
(C) With respect to individuals who are from disadvantaged backgrounds or from medically underserved communities, the number of such individuals who are recruited for academic programs of the applicant, the number of such individuals who are admitted to such programs, and the number of such individuals who graduate from such programs.
(D) If applicable to the applicant, the number of recent graduates who have chosen careers in primary health care.
(E) The number of recent graduates whose practices are serving medically underserved communities.
(F) A description of whether and to what extent the applicant is able to operate without Federal assistance under this subchapter.
(3) "Graduate" defined
For purposes of this subsection, the term "graduate" means, unless otherwise specified, an individual who has successfully completed all training requirements necessary for full certification in the health profession selected by the individual.
(July 1, 1944, ch. 373, title VIII, §860, as added Oct. 13, 1992,
Amendments
1993-Subsec. (d).
1992-Subsec. (d).
Effective Date of 1992 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in section 297n of this title.