[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1411 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1411

   To amend the Public Health Service Act to establish a Primary and 
                   Public Health Scholarship Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 2009

Mr. McDermott 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 Primary and 
                   Public Health Scholarship 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 ``United States Primary and Preventive 
Health Care Corps Act of 2009''.

SEC. 2. PRIMARY AND PUBLIC HEALTH SCHOLARSHIP PROGRAM.

    Part E of title VII of the Public Health Service Act (42 U.S.C. 
294n et seq.) is amended by adding at the end the following:

       ``Subpart 3--Primary and Public Health Scholarship Program

``SEC. 775. SCHOLARSHIP PROGRAM.

    ``(a) In General.--The Secretary shall establish and carry out the 
Primary and Public Health Scholarship Program (in this section referred 
to as the `Scholarship Program') under which the Secretary shall enter 
into contracts with all eligible individuals in accordance with this 
section.
    ``(b) Eligibility.--To be eligible to participate in the 
Scholarship Program, an individual must--
            ``(1) be accepted for enrollment, or be enrolled, as a 
        full-time student--
                    ``(A) in an accredited (as determined by the 
                Secretary) institution of higher education that is a 
                public graduate medical school in a State that is 
                funded by such State; and
                    ``(B) in a course of study or program, offered by 
                such institution and approved by the Secretary, leading 
                to a degree in medicine, osteopathic medicine, 
                dentistry, or other health profession, or an 
                appropriate degree from a graduate program of 
                behavioral and mental health;
            ``(2) submit an application to participate in the 
        Scholarship Program in such form and manner and at such time as 
        specified by the Secretary; and
            ``(3) sign and submit to the Secretary, at the time of 
        submittal of such application, a written contract (described in 
        subsection (d)) to accept payment of a scholarship and to serve 
        (in accordance with this section) for a period of not less than 
        4 years at a health care facility that serves a designated 
        primary care or public health shortage area located in the 
        State in which the institution is located.
    ``(c) Participation in Program.--
            ``(1) In general.--An individual becomes a participant in 
        the Scholarship Program only upon the approval of the Secretary 
        of the individual's application submitted under subsection 
        (b)(2) and the Secretary's acceptance of the contract submitted 
        by the individual under subsection (b)(3).
            ``(2) Notice.--The Secretary shall provide written notice 
        to an individual promptly upon the Secretary's approving, under 
        paragraph (1), of the individual's participation in the 
        Scholarship Program.
    ``(d) Contract.--The contract described in this subsection is a 
written contract between the Secretary and an individual that 
contains--
            ``(1) an agreement that--
                    ``(A) subject to paragraph (2), the Secretary 
                agrees to provide the individual with a scholarship 
                (described in subsection (e)) for each such school year 
                during the period of years (not to exceed four school 
                years), during which the individual is pursuing a 
                course of study described in subsection (b)(1)(B); and
                    ``(B) subject to paragraph (2), the individual 
                agrees--
                            ``(i) to accept provision of such a 
                        scholarship to the individual;
                            ``(ii) to maintain enrollment in a course 
                        of study described in subsection (b)(1)(B) 
                        until the individual completes the course of 
                        study;
                            ``(iii) while enrolled in such course of 
                        study, to maintain an acceptable level of 
                        academic standing (as determined under 
                        regulations of the Secretary by the educational 
                        institution offering such course of study); and
                            ``(iv) to serve as a health professional 
                        for a period of full-time service of not less 
                        than 4 years at a health care facility serving 
                        an area--
                                    ``(I) that is located in the State 
                                in which the individual attended the 
                                institution of higher education 
                                described in subsection (b)(1)(A); and
                                    ``(II) that is designated by the 
                                Secretary, in consultation with the 
                                Governor of such State, as being a 
                                primary care or public health shortage 
                                area;
            ``(2) 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 which is 
        conditioned thereon, is contingent upon funds being 
        appropriated for scholarships under this section;
            ``(3) a statement of the damages to which the United States 
        is entitled, under subsection (f) for the individual's breach 
        of the contract; and
            ``(4) such other statements of the rights and liabilities 
        of the Secretary and of the individual, not inconsistent with 
        the provisions of this title.
    ``(e) Scholarships.--
            ``(1) In general.--Subject to subparagraph (3), a 
        scholarship provided to a student for a school year under a 
        written contract under the Scholarship Program shall consist of 
        payment to, or (in accordance with paragraph (2)) on behalf of, 
        the student of the amount of the tuition of the student in such 
        school year.
            ``(2) Payments to schools.--The Secretary may contract with 
        an institution of higher education described in subsection 
        (b)(1)(A), in which a participant in the Scholarship Program is 
        enrolled, for the payment to the educational institution of the 
        amounts of tuition and other reasonable educational expenses 
        described in paragraph (1). Payment to such an educational 
        institution may be made without regard to section 3648 of the 
        Revised Statutes (31 U.S.C. 529).
            ``(3) Limitation on revenue increase.--In no case shall the 
        Secretary provide a scholarship under this section with respect 
        to a student for a school year for an institution of higher 
        education described in subsection (b)(1)(A) if the percentage 
        of revenues of the institution that such institution receives 
        from tuition for the year (taking into account the provision of 
        this section) would increase by more than 3 percentage points 
        from the year prior to the date of the enactment of this 
        section.
    ``(f) Breach of Scholarship.--
            ``(1) Failure to complete course of study.--An individual 
        who has entered into a written contract with the Secretary 
        under this section and who--
                    ``(A) fails to maintain an acceptable level of 
                academic standing in the institution of higher 
                education described in subsection (b)(1)(A) in which he 
                is enrolled (such level determined by the institution 
                under regulations of the Secretary);
                    ``(B) is dismissed from such institution for 
                disciplinary reasons; or
                    ``(C) voluntarily terminates the training in such 
                an institution for which he is provided a scholarship 
                under such contract, before the completion of such 
                training,
        in lieu of any service obligation arising under such contract, 
        shall be liable to the United States for the amount that is 
        equal to the sum of the total amount which has been paid to the 
        individual, or on the behalf of the individual, under the 
        contract plus any amount of interest, as determined by the 
        Secretary.
            ``(2) Failure to complete service obligation.--If an 
        individual breaches his written contract by failing to begin 
        such individual's service obligation under this section, or to 
        complete such service obligation, the United States shall be 
        entitled to recover from the individual an amount that is equal 
        to the sum of--
                    ``(A) the total amount which has been paid to the 
                individual, or on his behalf of the individual, under 
                the contract;
                    ``(B) any amount of interest, as determined by the 
                Secretary; and
                    ``(C) the amount that is equal to 10 percent of the 
                amount described in subparagraph (A).
    ``(g) Designated Primary Care or Public Health Shortage Area.--For 
purposes of this section, the term `designated primary care or public 
health shortage area' means, with respect to a State, an area 
designated by the Secretary, in consultation with the Governor of the 
State, as being without sufficient practicing primary care physicians 
to ensure access to primary care, public health care services, and 
preventive care.
    ``(h) Applicability of Certain Provisions.--The provisions of 
subpart III of part D of title III shall, except as inconsistent with 
this section, apply to the program established under this section in 
the same manner and to the same extent as such provisions apply to the 
National Health Service Corps Scholarship Program established under 
such subpart.''.
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