[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5806 Introduced in House (IH)]

<DOC>






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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