Page:United States Statutes at Large Volume 99 Part 1.djvu/421

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PUBLIC LAW 99-000—MMMM. DD, 1985

PUBLIC LAW 99-92—AUG. 16, 1985

99 STAT. 399

graph among schools whose applications requested more than the amounts so allotted to their loan funds, but with such adjustments as may be necessary to prevent the total allotted to any such school's loan fund under this paragraph and paragraph (3) from exceeding the total so requested by it. "(3) Funds which, pursuant to section 839(c) or pursuant to a loan Infra. agreement under section 835, are returned to the Secretary in any "^2 USC 297a. fiscal year, shall be available for allotment in such fiscal year and in the fiscal year succeeding the fiscal year. Funds described in the preceding sentence shall be allotted among schools of nursing in such manner as the Secretary determines will best carry out this subpart, except that in making such allotments, the Secretary shall give priority to schools of nursing which established student loan funds under this subpart after September 30, 1975. "(b) Allotments to a loan fund of a school shall be paid to it from time to time in such installments as the Secretary determines will not result in unnecessary accumulations in the loan fund at such school.". (f) Section 839 is amended— 42 USC 297e. (1) by striking out "1987," each place it appears in subsections (a) and (b) and inserting in lieu thereof "1991,"; and (2) by adding at the end thereof the following new subsection: "(c)(l) Within 90 days after the termination of any agreement with a school under section 835 or the termination in any other manner of a school's participation in the loan program under this subpart, such school shall pay to the Secretary from the balance of the loan fund of such school established under section 835, an amount which bears the same ratio to the balance in such fund on the date of such termination as the total amount of the Federal capital contributions to such fund by the Secretary pursuant to section 835(b)(2)(A) bears to the total amount in such fund on such date derived from such Federal capital contributions and from funds deposited in the fund pursuant to section 835(b)(2)(B). The remainder of such balance shall be paid to the school. "(2) A school to which paragraph (1) applies shall pay to the Secretary after the date on which payment is made under such paragraph and not less than quarterly, the same proportionate share of amounts received by the school after the date of termination referred to in paragraph (1) in payment of principal or interest on loans made from the loan fund as was determined for the Secretary under such paragraph.". (g) Subpart II of part B of title VIII is amended by adding at the end thereof the following new section: "PROCEDURES FOR APPEAL OF TERMINATIONS

"SEC. 842. In any case in which the Secretary intends to terminate Schools and an agreement with a school of nursing under this subpart, the colleges. Secretary shall provide the school with a written notice specifying ^^ ^^ 2971. such intention and stating that the school may request a formal hearing with respect to such termination. If the school requests such a hearing within 30 days after the receipt of such notice, the Secretary shall provide such school with a hearing conducted by an administrative law judge.". (h) Section 6103(m) of the Internal Revenue Code of 1954 is 26 USC 6103. amended—