Source
(July 1, 1944, ch. 373, title III, § 331, as added Pub. L. 94–484, title IV, § 407(b)(3), Oct. 12, 1976, 90 Stat. 2268; amended Pub. L. 97–35, title XXVII, § 2701, Aug. 13, 1981, 95 Stat. 902; Pub. L. 100–177, title II, § 202(b), title III, § 301, Dec. 1, 1987, 101 Stat. 996, 1003; Pub. L. 100–607, title VI, § 629(a)(2), Nov. 4, 1988, 102 Stat. 3146; Pub. L. 101–597, title I, § 101, title IV, § 401(b)[(a)], Nov. 16, 1990, 104 Stat. 3013, 3035; Pub. L. 107–251, title III, § 301, Oct. 26, 2002, 116 Stat. 1642.)
References in Text
Section
294n of this title, referred to in subsec. (d)(1)(C), was in the original a reference to section 741 of act July 1, 1944. Section 741 of that Act was omitted in the general revision of subchapter V of this chapter by
Pub. L. 102–408, title I, § 102, Oct. 13, 1992,
106 Stat. 1994.
Pub. L. 102–408 enacted a new section 776 of act July 1, 1944, relating to acquired immune deficiency syndrome, which was classified to section
294n of this title, and subsequently renumbered section
2692 and transferred to section
300ff–111 of this title.
Amendments
2002—Subsec. (a)(3)(E).
Pub. L. 107–251, § 301(a)(1), added subpar. (E).
Subsec. (b)(1).
Pub. L. 107–251, § 301(a)(2)(A), substituted “health professions, including schools at which graduate programs of behavioral and mental health are offered,” for “health professions”.
Subsec. (b)(2).
Pub. L. 107–251, § 301(a)(2)(B), inserted “behavioral and mental health professionals,” after “dentists,”.
Subsec. (c).
Pub. L. 107–251, § 301(a)(3), added subsec. (c) and struck out former subsec. (c) which read as follows: “The Secretary may reimburse applicants for positions in the Corps (including individuals considering entering into a written agreement pursuant to section
254n of this title) for actual and reasonable expenses incurred in traveling to and from their places of residence to a health professional shortage area (designated under section
254e of this title) in which they may be assigned for the purpose of evaluating such area with regard to being assigned in such area. The Secretary shall not reimburse an applicant for more than one such trip.”
Subsecs. (i), (j).
Pub. L. 107–251, § 301(b), added subsec. (i) and redesignated former subsec. (i) as (j).
1990—Subsec. (a).
Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area in pars. (1), (2), and (3)(C).
Pub. L. 101–597, § 101(a), designated existing provisions as par. (1), substituted “For the purpose of eliminating health manpower shortages in health manpower shortage areas, there is established, within the Service, the National Health Service Corps, which shall consist of—” for “There is established, within the Service, the National Health Service Corps (hereinafter in this subpart referred to as the ‘Corps’) which (1) shall consist of—”, substituted “States.” for “States,” at end of subpar. (C), struck out closing provisions which read “(such officers, employees, and individuals hereinafter in this subpart referred to as ‘Corps members’), and (2) shall be utilized by the Secretary to improve the delivery of health services in health manpower shortage areas as defined in section
254e
(a) of this title.”, and added pars. (2) and (3).
Subsec. (b).
Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area in par. (2).
Pub. L. 101–597, § 101(b), designated existing provision as par. (1), inserted at end “Such recruiting programs shall include efforts to recruit individuals who will serve in the Corps other than pursuant to obligated service under the Scholarship or Loan Repayment Program.”, and added par. (2).
Subsec. (c).
Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area.
Subsec. (d)(1).
Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area in introductory provisions and in subpar. (C).
Subsec. (d)(1)(A).
Pub. L. 101–597, § 101(c), struck out “(not to exceed $1,000)” after “by an amount”.
Subsecs. (d)(2), (e).
Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area.
Subsec. (h).
Pub. L. 101–597, § 101(d), added subsec. (h) and struck out former subsec. (h) which read as follows: “In assigning members of the Corps to health manpower shortage areas, to the extent practicable, the Secretary shall—
“(1) give priority to meeting the needs of the Indian Health Service and the needs of health programs or facilities operated by tribes or tribal organizations under the Indian Self-Determination Act (
25 U.S.C.
450f et seq.); and
“(2) provide special consideration to the homeless populations who do not have access to primary health care services.”
Subsec. (i).
Pub. L. 101–597, § 101(e), substituted “of this subpart and subpart III” for “of this subpart”.
1988—Subsec. (b).
Pub. L. 100–607 substituted “osteopathic medicine” for “osteopathy”.
1987—Subsec. (b).
Pub. L. 100–177, § 202(b)(1), inserted reference to Loan Repayment Program.
Subsec. (c).
Pub. L. 100–177, § 202(b)(2), made technical amendment to reference to section
254n of this title to reflect renumbering of corresponding section of original act.
Subsecs. (d)(2), (f).
Pub. L. 100–177, § 202(b)(3), (4), inserted reference to Loan Repayment Program.
Subsec. (h).
Pub. L. 100–177, § 301(2), added subsec. (h). Former subsec. (h) redesignated (i).
Subsec. (i).
Pub. L. 100–177, §§ 202(b)(5),
301
(1), redesignated subsec. (h) as (i), added par. (2), and redesignated former pars. (2) and (3) as (3) and (4), respectively.
1981—Subsec. (a)(1).
Pub. L. 97–35, § 2701(a), revised provisions and, as so revised, set out existing provisions in cls. (A) and (B), and added cl. (C).
Subsec. (b).
Pub. L. 97–35, § 2701(b), substituted “may” for “shall”.
Subsec. (c).
Pub. L. 97–35, § 2701(c), inserted provisions respecting a written agreement under section
254n of this title.
Subsec. (d).
Pub. L. 97–35, § 2701(d), in par. (1) inserted reference to member described in subsec. (a)(1)(C) of this section, in subpars. (1)(A) and (B) substituted “may” for “shall”, and added par. (3).
Subsec. (g).
Pub. L. 97–35, § 2701(e), substituted provisions relating to conversion from Corps member to commissioned officer and retirement credits, for provisions relating to school participation in development of administrative guidelines.
Subsec. (h).
Pub. L. 97–35, § 2701(f), in par. (1) substituted “Health and Human Services” for “Health, Education, and Welfare”, in par. (2) substituted “254l” for “294t”, and in par. (3) inserted reference to Commonwealth with respect to the Northern Mariana Islands.
Effective Date of 1990 Amendment
Section 501 of
Pub. L. 101–597 provided that: “This Act and the amendments made by this Act [enacting sections
254f–1,
254o–1, and
254r of this title, amending this section, sections
242a,
254e to
254i,
254k,
254l to
254q–1,
254s,
294h,
294n,
294aa,
295g–1,
296m,
1320c–5,
1395l,
1395u,
1395x,
3505d, and
9840 of this title, and section
2123 of Title
10, Armed Forces, and enacting provisions set out as notes under sections
201,
254l–1, and
254o of this title] shall take effect October 1, 1990, or upon the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section
1681 of Title
48, Territories and Insular Possessions.
Special Report on Present and Future Direction of National Health Service Corps; Submission to Congress Not Later Than February 1, 1979
Pub. L. 95–626, title I, § 116(c), Nov. 10, 1978,
92 Stat. 3569, directed Secretary, not later than Feb. 1, 1979, in consultation with National Advisory Council of National Health Service Corps and National Advisory Council on Health Professions Education, to submit to Congress a report on the direction of the National Health Service Corps, particularly its role as a health manpower program and as a health services delivery program, the use of members of the Corps in health manpower shortage areas to meet urban and rural health needs, the types of health professions needed to meet urban and rural health needs, and the projected size, composition, and use of the Corps through 1985.
Effective Date; Other Provisions: Health Manpower Shortage Area; Approval of Applications for Assignment of Corps Personnel; Assignment Period, Commencement; Credit for Months of Prior Health Care and Services for Additional Pay Benefit; National Advisory Council on the National Health Service Corps, Continuation of Council and Appointment of Members
Section 407(c) of
Pub. L. 94–484 provided that:
“(1) The amendment made by subsections (a) and (b) [enacting this subpart and repealing section
254b of this title] shall apply only with respect to fiscal years beginning after September 30, 1977, except that the Secretary of Health, Education, and Welfare [now Health and Human Services] shall carry out the activities described in section 332 of the Public Health Service Act (as added by such amendment) [section
254e of this title] after the date of enactment of this Act [Oct. 12, 1976].
“(2)(A) Any area for which a designation under section 329(b) of the Public Health Service Act (as in effect on September 30, 1977) [former section
254b
(b) of this title] was in effect on such date and in which National Health Service Corps personnel were, on such date, providing, under an assignment made under such section (as so in effect), health care and services for persons residing in such area shall, effective October 1, 1977, be considered under subpart II of part C of title III of such Act (as added by subsection (b) of this section) [this subpart] to (i) be designated a health manpower shortage area (as defined by section 332 of such Act (as so added)) [section
254e of this title], and (ii) have had an application approved under section 333 of such Act (as so added)) [section
254f of this title] for the assignment of Corps personnel unless, as determined under subparagraph (B) of this paragraph, the assignment period applicable to such area (within the meaning of section
334 (as so added)) [former section
254g of this title] has expired.
“(B) The assignment period (within the meaning of such section
334) [former section
254g of this title] applicable to an area described in subparagraph (A) of this paragraph shall be considered to have begun on the date Corps personnel were first assigned to such area under section 329 of such Act (as in effect on September 30, 1977) [former section
254b of this title].
“(C) In the case of any physician or dentist member of the Corps who was providing health care and services on September 30, 1977, under an assignment made under section 329(b) of such Act (as in effect on September 30, 1977) [former section
254b
(b) of this title], the number of the months during which such member provided such care and services before October 1, 1977, shall be counted in determining the application of the additional pay provisions of section 331(d) of such Act (as added by subsection (b) of this section) [subsec. (d) of this section] to such number.
“(3) The amendment made by subsection (b) which established an Advisory Council previously established under section 329 of the Public Health Service Act [former section
254b of this title] shall not be construed as requiring the establishment of a new Advisory Council under such section
337 [section
254j of this title], and the amendment made by such subsection with respect to the composition of such Advisory Council shall apply with respect to appointments made to the Advisory Council after October 1, 1977, and the Secretary of Health, Education, and Welfare [now Health and Human Services] shall make appointments to the Advisory Council after such date in a manner which will bring about, at the earliest feasible time, the Advisory Council composition prescribed by the amendment.”