[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5806 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5806
To amend title VII of the Public Health Service Act to provide for a
loan repayment program for the HIV clinical and dental workforce, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 7, 2020
Mr. Lewis (for himself, Ms. Lee of California, and Ms. Wilson of
Florida) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend title VII of the Public Health Service Act to provide for a
loan repayment program for the HIV clinical and dental workforce, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HIV Epidemic Loan-Repayment Program
Act of 2020'' or the ``HELP Act of 2020''.
SEC. 2. LOAN REPAYMENT PROGRAM FOR HIV CLINICAL AND DENTAL WORKFORCE.
Part C of title VII of the Public Health Service Act (42 U.S.C.
293k et seq.) is amended by adding at the end the following:
``Subpart III--Loan Repayment Program for HIV Clinical and Dental
Workforce
``SEC. 749B. LOAN REPAYMENT PROGRAM FOR HIV CLINICAL AND DENTAL
WORKFORCE.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, shall carry out a
program under which--
``(1) the Secretary enters into agreements with physicians,
advanced practice registered nurses, physician assistants, and
dentists to make payments in accordance with subsection (b) on
the principal of and interest on any eligible loan; and
``(2) the individuals each agree to the requirements of
service in HIV treatment or HIV dental care employment, as
described in subsection (d).
``(b) Payments.--For each year of obligated service by an
individual pursuant to an agreement under subsection (a), the Secretary
shall make a payment to such individual as follows:
``(1) Service in a shortage area.--The Secretary shall
pay--
``(A) for each year of obligated service by an
individual pursuant to an agreement under subsection
(a), \1/5\ of the principal of and interest on each
eligible loan of the individual which is outstanding on
the date the individual began service pursuant to the
agreement; and
``(B) for completion of the fifth and final year of
such service, the remainder of such principal and
interest.
``(2) Maximum amount.--The total amount of payments under
this section to any individual shall not exceed $250,000.
``(c) Eligible Loans.--The loans eligible for repayment under this
section are each of the following:
``(1) Any loan for education or training for HIV treatment
employment.
``(2) Any loan under part E of title VIII (relating to
nursing student loans).
``(3) Any Federal Direct Stafford Loan, Federal Direct PLUS
Loan, Federal Direct Unsubsidized Stafford Loan, or Federal
Direct Consolidation Loan (as such terms are used in section
455 of the Higher Education Act of 1965).
``(4) Any Federal Perkins Loan under part E of title I of
the Higher Education Act of 1965.
``(5) Any other Federal loan as determined appropriate by
the Secretary.
``(d) Requirements of Service.--Any individual receiving payments
under the program under this section as required by an agreement under
subsection (a) shall agree to an annual commitment to full-time
employment, with no more than 1 year passing between any 2 years of HIV
treatment employment in the United States in a service area that is--
``(1) a health professional shortage area, as designated
under section 332;
``(2) a clinical site awarded a grant or other assistance
under title XXVI for the provision of clinical or dental
services; or
``(3) an area that meets criteria specified pursuant to
subsection (f).
``(e) Waivers for Half-Time Service.--
``(1) In general.--The Secretary may issue waivers to
individuals who have entered into a contract for obligated
service under this section under which the individuals are
authorized to satisfy the requirement of obligated service
through providing service that is half time.
``(2) Applicable provisions.--The provisions of subparts II
and III of part D of title III respecting waivers under section
331(i) and half-time service pursuant to such waivers shall
apply to waivers and half-time service under this section to
the same extent and in the same manner as such provisions apply
with respect to the National Health Service Corps Loan
Repayment Program.
``(f) Criteria for Additional Service Areas.--Not later than 180
days after the date of the enactment of this section, the Secretary,
acting through the Administrator of the Health Resources and Services
Administration, shall establish criteria for additional service areas
for purposes of the requirement under subsection (d).
``(g) Ineligibility for Double Benefits.--No borrower may, for the
same service, receive a reduction of loan obligations or a loan
repayment under both--
``(1) this section; and
``(2) any Federally supported loan forgiveness program,
including under section 338B, 338I, or 846 of this Act, or
section 428J, 428L, 455(m), or 460 of the Higher Education Act
of 1965.
``(h) Breach.--
``(1) Liquidated damages formula.--The Secretary may
establish a liquidated damages formula to be used in the event
of a breach of an agreement entered into under subsection (a).
``(2) Limitation.--The failure by an individual to complete
the full period of service obligated pursuant to such an
agreement, taken alone, shall not constitute a breach of the
agreement, so long as the individual completed in good faith
the years of service for which payments were made to the
individual under this section.
``(i) Additional Criteria.--The Secretary--
``(1) may establish such criteria and rules to carry out
this section as the Secretary determines are needed and in
addition to the criteria and rules specified in this section;
and
``(2) shall give notice to the committees specified in
subsection (j) of any criteria and rules so established.
``(j) Report to Congress.--Not later than 5 years after the date of
the enactment of this section, and every other year thereafter, the
Secretary shall prepare and submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report on--
``(1) the number, provider type, and location of borrowers
who have qualified for loan repayments under this section; and
``(2) the impact of this section on the availability of HIV
clinical care and treatment or HIV dental care nationally, in
shortage areas, and in States, counties, and other
jurisdictions targeted by the Federal End the HIV Epidemic
Initiative.
``(k) Definition.--In this section:
``(1) The term `HIV' means the human immunodeficiency
virus.
``(2) The term `HIV treatment employment' means employment
(including a fellowship)--
``(A) as a physician, physician assistant, advanced
practice registered nurse, dentist, or other relevant
practitioner licensed or certified in accordance with
applicable State and Federal law, where the primary
intent and function of the position is the direct
treatment and care of persons living with HIV; and
``(B) which is located at an HIV treatment program,
which could be affiliated with a private practice,
community health center, telehealth platform, migrant
health center, academic medical center, hospital, rural
health program, health program or facility operated by
an Indian tribe or tribal organization, Federal medical
facility, or any other facility as determined
appropriate for purposes of this section by the
Secretary.
``(3) The terms `Indian tribe' and `tribal organization'
have the meanings given those terms in section 4 of the Indian
Self-Determination and Education Assistance Act.
``(4) The term `jurisdiction' means a city, town, county,
or other public body created by or pursuant to State law, or an
Indian tribe.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2021 through 2026.''.
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