[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5602 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5602
To amend the Public Health Service Act to establish a Bio-Preparedness
and Infectious Diseases Workforce Loan Repayment Program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 15, 2021
Mrs. Trahan (for herself and Mr. McKinley) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to establish a Bio-Preparedness
and Infectious Diseases Workforce Loan Repayment Program.
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 ``Bolstering Infectious Outbreaks
Preparedness Workforce Act of 2021'' or the ``BIO Preparedness
Workforce Act of 2021''.
SEC. 2. ESTABLISHMENT OF A BIO-PREPAREDNESS AND INFECTIOUS DISEASES
WORKFORCE LOAN REPAYMENT PROGRAM.
Subpart 3 of part E of title VII of the Public Health Service Act
(42 U.S.C. 295f et seq.) is amended by inserting after section 776 (42
U.S.C. 295f-1) the following:
``SEC. 776A BIO-PREPAREDNESS AND INFECTIOUS DISEASES WORKFORCE LOAN
REPAYMENT PROGRAM.
``(a) Establishment.--The Secretary, acting through the
Administrator of the Health Resources and Services Administration,
shall establish the Bio-Preparedness and Infectious Diseases Workforce
Loan Repayment Program (referred to in this section as the `Program')
to ensure an adequate supply of health care professionals engaged in
bio-preparedness and response activities described in subsection
(c)(2)(A)(1) and health care professionals engaged in infectious
diseases care described in subsection (c)(2)(A)(ii).
``(b) Eligibility.--
``(1) In general.--To be eligible to participate in the
Program, an individual shall--
``(A)(i) be accepted for enrollment, or be
enrolled, as a student in an accredited academic
educational institution in a State or territory in the
final year of a course of study or program leading to a
health professions degree or certificate described in
paragraph (2); or
``(ii) have graduated, during the preceding 10-year
period, from an accredited educational institution in a
State or territory and received a health professions
degree or certificate described in paragraph (2);
``(B) be a United States citizen;
``(C)(i) submit an application to the Secretary to
participate in the Program; and
``(ii) execute a written contract as required in
subsection (c); and
``(D) not have received, for the same service, a
reduction of loan obligations under--
``(i) section 338B, 338I, 776, or 846; or
``(ii) section 428K or 428L of the Higher
Education Act of 1965.
``(2) Health professions degree or certificate.--A health
professions degree or certificate described in this paragraph
is a degree or certificate for--
``(A) a doctor of medicine;
``(B) a doctor of osteopathic medicine;
``(C) a doctor of philosophy;
``(D) a doctor of pharmacy;
``(E) certification as a registered nurse;
``(F) a bachelor of science in nursing;
``(G) a master of science in nursing;
``(H) certification as a nurse practitioner;
``(I) certification as a physician assistant;
``(J) a doctor of public health;
``(K) a master of public health;
``(L) a master of science in epidemiology;
``(M) a bachelor of science in medical technology;
``(N) certification in medical technology or as a
medical lab scientist;
``(O) a doctor of dental surgery, doctor of
medicine in dentistry, or doctor of dental medicine;
and
``(P) completion of any other program determined
appropriate by the Secretary.
``(c) Contract.--
``(1) In general.--The written contract (referred to in
this section as the `written contract') between the Secretary
and an individual shall contain--
``(A) an agreement on the part of the Secretary
that the Secretary will repay on behalf of the
individual loans incurred by the individual in the
pursuit of the relevant degree or certificate in
accordance with the terms of the contract;
``(B) an agreement on the part of the individual
that the individual will serve as a health care
professional engaged in a qualified role for a period
of time (referred to in this section as the `period of
obligated service') equal to the greater of--
``(i) 3 years; or
``(ii) such longer period of time as
determined appropriate by the Secretary and the
individual;
``(C) a provision that any financial obligation of
the United States arising out of a contract entered
into under this section and any obligation of the
individual that is conditioned thereon, is contingent
on funds being appropriated for loan repayments under
this section;
``(D) a statement of the damages to which the
United States is entitled, under this section for the
individual's breach of the contract; and
``(E) such other statements of the rights and
liabilities of the Secretary and of the individual, not
inconsistent with this section.
``(2) Qualified role.--
``(A) In general.--In this subsection, the term
`qualified role' means either of the following:
``(i) Bio-preparedness health care
professional.--A role in which the health care
professional spends not less than 50 percent of
their time engaged in bio-preparedness and
response activities, including--
``(I) developing and updating
response, surge, and isolation capacity
plans and protocols;
``(II) collaborating with State,
local, and Tribal health departments on
preparedness and response efforts;
``(III) training health care
facility personnel in matters related
to bio-preparedness;
``(IV) purchasing and managing
equipment (such as personal protective
equipment) for public health
emergencies, including those declared
under section 319;
``(V) executing readiness
assessments for public health
emergencies, including those declared
under section 319;
``(VI) repurposing areas of a
health care facility to manage patient
influx;
``(VII) communicating with the
public regarding preventing or
responding to public health
emergencies, including those declared
under section 319;
``(VIII) performing infection
prevention and control and
environmental disinfection;
``(IX) conducting epidemiologic
surveillance and investigations;
``(X) developing and validating
diagnostics for emerging pathogens; and
``(XI) conducting antimicrobial
stewardship.
``(ii) Infectious diseases health care
professional.--A role (including through a
fellowship) in which the health care
professional spends not less than 50 percent of
their time engaging in infectious diseases
care--
``(I) in a medically underserved
community;
``(II) for a medically underserved
population as defined in section
330(b)(3);
``(III) at a Federally qualified
health center or rural health clinic
(as those terms are defined in section
1861(aa) of the Social Security Act);
``(IV) at a health center receiving
assistance under section 330;
``(V) at a Federal medical
facility;
``(VI) in a health program, or at a
facility operated, by an Indian Tribe
or Tribal organization (as those terms
are defined in section 4 of the Indian
Self-Determination and Education
Assistance Act) or by an urban Indian
organization as defined in section 4 of
the Indian Health Care Improvement Act;
``(VII) in a health professional
shortage area as designated under
section 332;
``(VIII) at an entity receiving
assistance under title XXVI for the
provision of clinical services;
``(IX) at a critical access
hospital (as defined in section
1861(mm)(1) of the Social Security
Act);
``(X) in a frontier health
professional shortage area; or
``(XI) at an accredited public
academic educational institution in a
State or territory or health care
setting affiliated with such an
institution.
``(B) Employment by public health agency.--The term
`qualified role' does not include a role in which the
health care professional is employed by a Federal,
State, local, or Tribal public health agency or is in a
related training fellowship, as recognized by the
Secretary, excluding--
``(i) a role under clause (i) of
subparagraph (A) in which the health care
professional is employed at a medical facility
described in subclause (XI) of subparagraph
(A)(ii);
``(ii) a role under clause (ii) of
subparagraph (A) in which the health care
professional is employed at a medical facility
described in subclause (V), (VI), or (XI) of
subparagraph (A)(ii); or
``(iii) a role under clause (i) or (ii) of
subparagraph (A) in which the health care
professional is employed in any other setting
specified by the Secretary.
``(3) Health care professional.--In this section, the term
`health care professional' includes--
``(A) with respect to an individual in a role
described in paragraph (2)(A)(i), an individual who
is--
``(i) a physician;
``(ii) a clinical pharmacist;
``(iii) a physician assistant;
``(iv) an advanced practice registered
nurse;
``(v) an infection preventionist; or
``(vi) a clinical laboratory professional;
or
``(B) with respect to an individual in a role
described in paragraph (2)(A)(ii), an individual who
is--
``(i) a physician;
``(ii) a clinical pharmacist;
``(iii) a physician assistant;
``(iv) a dentist; or
``(v) an advanced practice registered
nurse.
``(d) Payments.--
``(1) In general.--A loan repayment provided for an
individual under a written contract under the Program shall
consist of payment, in accordance with paragraph (2), on behalf
of the individual of the principal, interest, and related
expenses on government and commercial loans received by the
individual regarding the undergraduate or graduate education of
the individual (or both), which loans were made for tuition
expenses incurred by the individual.
``(2) Payments for years served.--For each year of
obligated service that an individual contracts to serve under
subsection (c), the Secretary may pay up to $50,000 on behalf
of the individual for loans described in paragraph (1). With
respect to participants under the Program whose total eligible
loans are less than $150,000, the Secretary shall pay an amount
that does not exceed \1/3\ of the eligible loan balance for
each year of obligated service of the individual.
``(3) Tax liability.--For the purpose of providing
reimbursements for tax liability resulting from payments under
paragraph (2) on behalf of an individual, the Secretary shall,
in addition to such payments, make payments to the individual
in an amount not to exceed 39 percent of the total amount of
loan repayments made for the taxable year involved.
``(e) Postponing Obligated Service.--With respect to any individual
participating in the Program, the date of the initiation of the period
of obligated service may be postponed as approved by the Secretary.
``(f) Breach of Contract.--An individual who fails to comply with
the contract entered into under subsection (c) shall be subject to the
same financial penalties as provided for under section 338E for
breaches of loan repayment contracts under section 338B.
``(g) Considerations.--In awarding contracts under this section,
the Secretary may--
``(1) distribute contracts under this section equitably
among geographic areas of the United States; and
``(2) ensure that contracts under this section help to
increase the number of underrepresented minority individuals
(as defined in section 738(b)(5)) serving as heath care
professionals in roles described in clauses (i) and (ii) of
subsection (c)(2)(A).
``(h) Additional Criteria.--The Secretary--
``(1) may establish, in addition to the criteria and rules
specified in this section, such criteria and rules to carry out
this section as the Secretary determines are needed; and
``(2) shall give notice to the committees specified in
subsection (i) of any criteria and rules so established.
``(i) Report to Congress.--Not later than 3 years after the date of
enactment of this section, and every other year thereafter, the
Secretary shall prepare and submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report on--
``(1) the number and location of borrowers who have
qualified for loan repayments under this section; and
``(2) the impact of this section on the availability of--
``(A) health care professionals engaged in bio-
preparedness and response activities described in
subsection (c)(2)(A)(i), and health care professionals
engaged in infectious diseases care described in
subsection (c)(2)(A)(ii), nationally; and
``(B) health care professionals engaged in
infectious diseases care described in subsection
(c)(2)(A)(ii) in the areas and settings listed in such
subsection.
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2023 through 2027.''.
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