42 U.S.C. § 294f

Advisory Committee on Interdisciplinary, Community-Based Linkages

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(a) Establishment

The Secretary shall establish an advisory committee to be known as the Advisory Committee on Interdisciplinary, Community-Based Linkages (in this section referred to as the “Advisory Committee”).

(b) Composition(1) In general

The Secretary shall determine the appropriate number of individuals to serve on the Advisory Committee. Such individuals shall not be officers or employees of the Federal Government.

(2) Appointment

Not later than 90 days after November 13, 1998, the Secretary shall appoint the members of the Advisory Committee from among individuals who are health professionals from schools of the types described in sections 294a(b)(1)(A), 294c(b), and 294e(b) of this title. In making such appointments, the Secretary shall ensure a fair balance between the health professions, that at least 75 percent of the members of the Advisory Committee are health professionals, a broad geographic representation of members and a balance between urban and rural members. Members shall be appointed based on their competence, interest, and knowledge of the mission of the profession involved.

(3) Minority representation

In appointing the members of the Advisory Committee under paragraph (2), the Secretary shall ensure the adequate representation of women and minorities.

(c) Terms(1) In generalA member of the Advisory Committee shall be appointed for a term of 3 years, except that of the members first appointed—(A) ⅓ of the members shall serve for a term of 1 year;(B) ⅓ of the members shall serve for a term of 2 years; and(C) ⅓ of the members shall serve for a term of 3 years.(2) Vacancies(A) In general

A vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment.

(B) Filling unexpired term

An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.

(d) DutiesThe Advisory Committee shall—(1) provide advice and recommendations to the Secretary concerning policy and program development and other matters of significance concerning the activities under this part;(2) not later than 3 years after November 13, 1998, and annually thereafter, prepare and submit to the Secretary, and the Committee on Labor and Human Resources of the Senate, and the Committee on Commerce of the House of Representatives, a report describing the activities of the Committee, including findings and recommendations made by the Committee concerning the activities under this part;(3) develop, publish, and implement performance measures for programs under this part;(4) develop and publish guidelines for longitudinal evaluations (as described in section 294n(d)(2) of this title) for programs under this part; and(5) recommend appropriation levels for programs under this part.(e) Meetings and documents(1) Meetings

The Advisory Committee shall meet not less than 3 times each year. Such meetings shall be held jointly with other related entities established under this subchapter where appropriate.

(2) Documents

Not later than 14 days prior to the convening of a meeting under paragraph (1), the Advisory Committee shall prepare and make available an agenda of the matters to be considered by the Advisory Committee at such meeting. At any such meeting, the Advisory Council 11 So in original. Probably should be “Committee”. shall distribute materials with respect to the issues to be addressed at the meeting. Not later than 30 days after the adjourning of such a meeting, the Advisory Committee shall prepare and make available a summary of the meeting and any actions taken by the Committee based upon the meeting.

(f) Compensation and expenses(1) Compensation

Each member of the Advisory Committee shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5 for each day (including travel time) during which such member is engaged in the performance of the duties of the Committee.

(2) Expenses

The members of the Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of services for the Committee.

(g) Chapter 10 of title 5

Chapter 10 of title 5 shall apply to the Advisory Committee under this section only to the extent that the provisions of chapter 10 of title 5 do not conflict with the requirements of this section.

(July 1, 1944, ch. 373, title VII, § 757, formerly § 756, as added Pub. L. 105–392, title I, § 103, Nov. 13, 1998, 112 Stat. 3549; renumbered § 757 and amended Pub. L. 111–148, title V, §§ 5103(d)(2), 5306(a)(2), (b), Mar. 23, 2010, 124 Stat. 606, 626, 628; Pub. L. 117–286, § 4(a)(238), Dec. 27, 2022, 136 Stat. 4331.)Editorial NotesCodification

Pub. L. 111–148, title V, § 5306(a)(2), Mar. 23, 2010, 124 Stat. 626, which directed the amendment of part D of title VII by redesignating section 756 as section 757, without specifying the act to be amended, was executed by redesignating section 756 of act July 1, 1944, as section 757 of the Act, to reflect the probable intent of Congress.

November 13, 1998, referred to in subsec. (b)(2), was in the original “the date of enactment of this Act”, which was translated as meaning the date of enactment of Pub. L. 105–392, which amended this part generally, to reflect the probable intent of Congress.

Prior Provisions

A prior section 294f, act July 1, 1944, ch. 373, title VII, § 733, as added Oct. 12, 1976, Pub. L. 94–484, title IV, § 401(b)(3), 90 Stat. 2262; amended Dec. 19, 1977, Pub. L. 95–215, § 4(e)(10), 91 Stat. 1506; Nov. 6, 1978, Pub. L. 95–598, title III, § 327, 92 Stat. 2679; Aug. 13, 1981, Pub. L. 97–35, title XXVII, § 2730, 95 Stat. 919; July 1, 1988, Pub. L. 100–360, title IV, § 411(f)(10)(C)(ii), 102 Stat. 781; Nov. 4, 1988, Pub. L. 100–607, title VI, § 602(h)–(k), 102 Stat. 3123; Aug. 16, 1989, Pub. L. 101–93, § 7, 103 Stat. 615, related to procedures upon default by borrower under student loan insurance program, prior to the general amendment of this subchapter by Pub. L. 102–408. See section 292f of this title.

Another prior section 294f, act July 1, 1944, ch. 373, title VII, § 746, as added Aug. 16, 1968, Pub. L. 90–490, title I, § 121(e), 82 Stat. 778; amended Nov. 18, 1971, Pub. L. 92–157, title I, §§ 105(f)(2), 106(b)(5), 85 Stat. 451, 453, provided for transfer of funds to scholarships in relation to loans to students studying in United States, prior to repeal by Pub. L. 94–484, title IV, § 406(a)(1), Oct. 12, 1976, 90 Stat. 2268.

A prior section 757 of act July 1, 1944, was classified to section 294g of this title, prior to repeal by Pub. L. 111–148, title V, § 5306(a)(1), Mar. 23, 2010, 124 Stat. 626.

Amendments

2022—Subsec. (g). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “FACA” in heading and “Chapter 10 of title 5 shall apply to the Advisory Committee under this section only to the extent that the provisions of chapter 10 of title 5” for “The Federal Advisory Committee Act shall apply to the Advisory Committee under this section only to the extent that the provisions of such Act” in text.

2010—Subsec. (b)(2). Pub. L. 111–148, § 5306(b), substituted “294a(b)(1)(A), 294c(b), and 294e(b)” for “294a(a)(1)(A), 294a(a)(1)(B), 294c(b), 294d(3)(A), and 294e(b)”.

Subsec. (d)(3) to (5). Pub. L. 111–148, § 5103(d)(2), added pars. (3) to (5).

Statutory Notes and Related SubsidiariesChange of Name

Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.

Termination of Advisory Committees

Pub. L. 93–641, § 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975.

Notes of Decisions

Cited in 55 cases, 1982–2013 · leading case: In Re Gronski

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In Re Gronski (1986) paeb · cites it 16× “This case, in its present posture, requires us to consider whether a debt incurred under the Health Education Assistance Loan Program, 42 U.S.C. § 294f (hereinafter “HEAL”) constitutes an additional exception to 11 U.”

Hines v. United States (In Re Hines) (1986) sdb · cites it 11× “Debtor substantively alleges that: 1) Because the loan which was received pursuant to the Health Education Assistance Loan Act (HEAL) has been due and owing for more than a five-year period prior to filing, the debt is dischargeable under Bankruptcy Code Section 523(a)(8); or 2)…”

United States v. Cleveland (In Re Cleveland) (1988) bap9 · cites it 12× “” 42 U.S.C. §§ 294f(f)-(g). 7 The obvious rationale for the allowance of discharge under the above circumstances is that HEAL borrowers generally enter lucrative careers in the health care profession, however, in some circumstances (as in the instant case) a HEAL borrower who is…”

United States v. Randall K. Wood (1991) ca7 · cites it 3× “The district court granted the government’s motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) and denied Wood’s motion for judgment on the pleadings. The district court found that the bankruptcy court had not determined that the nondischarge…”

United States v. Green (In Re Green) (1988) ilnb · cites it 8× “FACTS On November 2, 1979 Paula Eubanks Green, (the “Debtor”), obtained a Health Education Assistance Loan, (“HEAL” loan), pursuant to the Health Professions Educational Assistance Act, 42 U.S.C. §§ 294f et seq. (the “Act”), in the amount of $6,362.”

Roa-Moreno v. U.S. Department of Health & Human Services (In Re Roa-Moreno) (1997) cacb · cites it 13× “The Expiration Period While both parties agree that title 42 of the United States Code applies in this case, there is a dispute as to whether 42 U.S.C. § 294f(g) or 42 U.S.C. § 292f(g) applies.”

Emnett v. United States (In Re Emnett) (1991) kyeb · cites it 7× “William Proctor Emnett (Emnett), the above debtor, seeks to discharge a Health Education Assistance Loan (HEAL) debt pursuant to the provisions of 42 U.S.C. § 294f(g). The parties agree that only paragraph 2 of that section, allowing discharge “upon a finding by the Bankruptcy…”

In Re Gronski (1988) paeb · cites it 5× “00 monthly increase in plan payments to $200.00 monthly. In our previous Opinion, we denied an Objection of the USA to Confirmation of the Debtor’s Plan.”

United States v. Hampton (In Re Hampton) (1985) ilnb · cites it 6× “loan is not dischargeable unless the three conditions required by 42 U.S.C. § 294f(g) are met. That section provides: § 294f (g) A debt which is a loan insured under the authority of this subpart may be released by a discharge in bankruptcy under Title 11 only if such discharge…”

United States v. Lee (1987) gand · cites it 3× “§ 1328 (a) or by 42 U.S.C. § 294f(g) and when during a Chapter 13 case may the government raise the dischargeability issue.”

Bryant v. Pennsylvania Higher Education Assistance Agency (In Re Bryant) (1987) paeb · cites it 2× “Secondly, we are able to point out that this element is distinct from the analysis in which we would engage in determining whether a loan obligation pursuant to the Health Education Assistance Loan Act Program, 42 U.S.C. § 294f et seq. (hereinafter referred to as “HEAL”), may be…”

Greco v. Sallie Mae Servicing Corp. (In Re Greco) (2000) paeb · cites it 3× “§ 523 (a)(8), and that failing to discharge them would be unconscionable pursuant to 42 U.S.C. § 294f(g). Further, she asserted a Count asserting “[u]constitutionality of 523(a)(8) as applied because it represents a proscribed Ex-post Facto law and [ijmpairment of [cjontract.”

Show all 55 citing cases →

— 42 U.S.C. § 294f(a) — 1 case

United States v. McGill (1990) flsd

— 42 U.S.C. § 294f(f) — 3 cases

United States v. Green (In Re Green) (1988) ilnb “FACTS On November 2, 1979 Paula Eubanks Green, (the “Debtor”), obtained a Health Education Assistance Loan, (“HEAL” loan), pursuant to the Health Professions Educational Assistance Act, 42 U.S.C. §§ 294f et seq. (the “Act”), in the amount of $6,362.”

United States v. Cleveland (In Re Cleveland) (1988) bap9 “” 42 U.S.C. §§ 294f(f)-(g). 7 The obvious rationale for the allowance of discharge under the above circumstances is that HEAL borrowers generally enter lucrative careers in the health care profession, however, in some circumstances (as in the instant case) a HEAL borrower who is…”

Malloy v. United States (In Re Malloy) (1992) vaeb

— 42 U.S.C. § 294f(g) — 50 cases

In Re Gronski (1986) paeb “This case, in its present posture, requires us to consider whether a debt incurred under the Health Education Assistance Loan Program, 42 U.S.C. § 294f (hereinafter “HEAL”) constitutes an additional exception to 11 U.”

Hines v. United States (In Re Hines) (1986) sdb “Debtor substantively alleges that: 1) Because the loan which was received pursuant to the Health Education Assistance Loan Act (HEAL) has been due and owing for more than a five-year period prior to filing, the debt is dischargeable under Bankruptcy Code Section 523(a)(8); or 2)…”

United States v. Randall K. Wood (1991) ca7 “The district court granted the government’s motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) and denied Wood’s motion for judgment on the pleadings. The district court found that the bankruptcy court had not determined that the nondischarge…”

Emnett v. United States (In Re Emnett) (1991) kyeb “William Proctor Emnett (Emnett), the above debtor, seeks to discharge a Health Education Assistance Loan (HEAL) debt pursuant to the provisions of 42 U.S.C. § 294f(g). The parties agree that only paragraph 2 of that section, allowing discharge “upon a finding by the Bankruptcy…”

— 42 U.S.C. § 294f(g)(1) — 1 case

— 42 U.S.C. § 294f(g)(2) — 7 cases

Bryant v. Pennsylvania Higher Education Assistance Agency (In Re Bryant) (1987) paeb “Secondly, we are able to point out that this element is distinct from the analysis in which we would engage in determining whether a loan obligation pursuant to the Health Education Assistance Loan Act Program, 42 U.S.C. § 294f et seq. (hereinafter referred to as “HEAL”), may be…”

In Re Gronski (1988) paeb “00 monthly increase in plan payments to $200.00 monthly. In our previous Opinion, we denied an Objection of the USA to Confirmation of the Debtor’s Plan.”

Roa-Moreno v. U.S. Department of Health & Human Services (In Re Roa-Moreno) (1997) cacb “The Expiration Period While both parties agree that title 42 of the United States Code applies in this case, there is a dispute as to whether 42 U.S.C. § 294f(g) or 42 U.S.C. § 292f(g) applies.”

— 42 U.S.C. § 294f(g)(3) — 1 case

In Re Owens (1988) ilnb

— 42 U.S.C. § 294f(g)(l) — 2 cases

In Re Gronski (1988) paeb “00 monthly increase in plan payments to $200.00 monthly. In our previous Opinion, we denied an Objection of the USA to Confirmation of the Debtor’s Plan.”

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