§ 1613a. Indian health professions scholarships

Footnotes

1. 1 So in original. Probably should be followed by “or”.
2. 2 So in original. The “; or” probably should be a period.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Indian Health Care Improvement Act

   Pub. L. 94–437 title I § 104 · 90 Stat. 1400

   Enacted · 25 U.S.C. § 1613a

   Pub. L. 94–437, title I, § 104, as added Pub. L. 100–713, title I, § 104(a), Nov. 23, 1988, 102 Stat. 4786

   Source evidence

   Code source credit
   Pub. L. 94–437, title I, § 104, as added Pub. L. 100–713, title I, § 104(a), Nov. 23, 1988, 102 Stat. 4786

   Enacted provision · exact public law section
   Sec. 104. health professions scholarship program Section 225 (i) of the Public Health Service Act (42 U.S.C. 234(i)) is amended (1) by inserting “(1)” after “(i)”, and (2) by adding at the end the following: “(2) (A) In addition to the sums authorized to be appropriated Appropriation authorization. under paragraph (1) to carry out the Program, there are authorized to be appropriated for the fiscal year ending September 30, 1978, $5,450,000; for the fiscal year ending September 30, 1979, $6,300,000; for the fiscal year ending September 30, 1980, $7,200,000; and for fiscal years 1981, 1982, 1983, and 1984 such sums as may be specifically authorized by an Act enacted after the Indian Health Care Improvement Act, to provide scholarships under the Program to provide physicians, osteopaths, dentists, veterinarians, nurses, optometrists, podiatrists, pharmacists, public health personnel, and allied health professionals to provide services to Indians. Such scholarships shall be designated Indian Health Scholarships and shall be made in accordance with this section except as provided in subparagraph (B). ‘(B) (i) The Secretary, acting through the Indian Health Service, Distribution. shall determine the individuals who receive the Indian Health Scholarships, shall accord priority to applicants who are Indians, and shall determine the distribution of the scholarships on the basis of the relative needs of Indians for additional service in specific health professions. “(ii) The active duty service obligation prescribed by subsection Active duty service obligation. (e) shall be met by the recipient of an Indian Health Scholarship Post, p. 1410. by service in the Indian Health Service, in a program assisted under title V of the Indian Health Care Improvement Act, or in the private practice of his profession if as determined by the Secretary in accordance with guidelines promulgated by him such practice is situated in a physician or other health professional shortage area and addresses the health care needs of a substantial number of Indians. “(C) For purposes of this paragraph, the term ‘Indians’ has the “Indiana.” same meaning given that term by subsection (c) of section 4 of the Ante, p. 1401. Indian Health. Care Improvement Act and includes individuals described in clauses (1) through (4) of that subsection.”.

2. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 § 102(c)(1)(C) · 106 Stat. 4526

   Substituted · 25 U.S.C. § 1613a(a)

   Pub. L. 102–573, § 102(c)(1)(C), substituted “accredited schools and pursuing courses of study in the health professions” for “accredited schools of medicine, osteopathy, podiatry, psychology, dentistry, environmental health and engineering, nursing, optometry, public health, allied health professions, and social work”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–573, § 102(c)(1)(C), substituted “accredited schools and pursuing courses of study in the health professions” for “accredited schools of medicine, osteopathy, podiatry, psychology, dentistry, environmental health and engineering, nursing, optometry, public health, allied health professions, and social work”.

   Enacted provision · exact public law section
   (C) by striking out “of medicine” and all that follows through “social work” and inserting in lieu thereof the following: “and pursuing courses of study in the health professions”;

   Effective date note
   Pub. L. 102–573, title I, § 102(d), Oct. 29, 1992, 106 Stat. 4532, provided that: “The amendments made by subsection (c)(1)(C) and subsection (c)(2)(B) [amending this section] shall apply with respect to scholarships granted under section 104 of the Indian Health Care Improvement Act [this section] after the date of the enactment of this Act [Oct. 29, 1992].”

3. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 § 102(c)(1)(A) · 106 Stat. 4526

   1. Substituted · 25 U.S.C. § 1613a(a)

      Pub. L. 102–573, § 102(c)(1)(A), (B), substituted “Indians, Indian tribes, tribal organizations, and urban Indian organizations” for “Indian communities”

   2. Substituted · 25 U.S.C. § 1613a(a)

      Pub. L. 102–573, § 102(c)(1)(A), (B), substituted “full or part time” for “full time”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–573, § 102(c)(1)(A), (B), substituted “Indians, Indian tribes, tribal organizations, and urban Indian organizations” for “Indian communities” and “full or part time” for “full time”.

   Enacted provision · exact public law section
   (A) by striking out “Indian communities” and inserting in lieu thereof the following: “Indians, Indian tribes, tribal organizations, and urban Indian organizations”;

   Effective date note
   Pub. L. 102–573, title I, § 102(d), Oct. 29, 1992, 106 Stat. 4532, provided that: “The amendments made by subsection (c)(1)(C) and subsection (c)(2)(B) [amending this section] shall apply with respect to scholarships granted under section 104 of the Indian Health Care Improvement Act [this section] after the date of the enactment of this Act [Oct. 29, 1992].”

4. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 § 102(c)(2)(A) · 106 Stat. 4526

   1. Substituted · 25 U.S.C. § 1613a(b)(2)

      Pub. L. 102–573, § 102(c)(2)(A), substituted “full or part time” for “full time”

   2. Substituted · 25 U.S.C. § 1613a(b)(2)

      Pub. L. 102–573, § 102(c)(2)(A), substituted “course of study” for “health profession school”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 102–573, § 102(c)(2)(A), substituted “full or part time” for “full time” and “course of study” for “health profession school”.

   Enacted provision · exact public law section
   (A) in paragraph (2)— (i) by striking out “full time” and inserting in lieu thereof “full or part time”; and (ii) by striking out “health profession school” and inserting in lieu thereof “course of study”;

   Effective date note
   Pub. L. 102–573, title I, § 102(d), Oct. 29, 1992, 106 Stat. 4532, provided that: “The amendments made by subsection (c)(1)(C) and subsection (c)(2)(B) [amending this section] shall apply with respect to scholarships granted under section 104 of the Indian Health Care Improvement Act [this section] after the date of the enactment of this Act [Oct. 29, 1992].”

5. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 § 102(c)(2)(B) · 106 Stat. 4526

   1. Amended · 25 U.S.C. § 1613a(b)(3)

      Pub. L. 102–573, § 102(c)(2)(B), designated existing provisions as subpar. (A)

   2. Redesignated · 25 U.S.C. § 1613a(b)(3)

      Pub. L. 102–573, § 102(c)(2)(B), redesignated former subpars. (A) to (D) as cls. (i) to (iv), respectively

   3. Added · 25 U.S.C. § 1613a(b)(3)

      Pub. L. 102–573, § 102(c)(2)(B), added subpars. (B) and (C)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 102–573, § 102(c)(2)(B), designated existing provisions as subpar. (A), redesignated former subpars. (A) to (D) as cls. (i) to (iv), respectively, and added subpars. (B) and (C).

   Enacted provision · exact public law section
   (B) in paragraph (3)— (i) by striking “(3)” and inserting “(3)(A)”; (ii) by redesignating subparagraphs (A), (B), (C), and (D) as clauses (i), (ii), (iii), and (iv), respectively; and (iii) by inserting at the end the following new subparagraphs: “(B) A recipient of an Indian Health Scholarship may, at the election of the recipient, meet the active duty service obligation prescribed under section 338C of the Public Health Service Act (42 U.S.C. 254m) by service in a program specified in subparagraph (A) that— “(i) is located on the reservation of the tribe in which the recipient is enrolled; or “(ii) serves the tribe in which the recipient is enrolled. “(C) Subject to subparagraph (B), the Secretary, in making assignments of Indian Health Scholarship recipients required to meet the active duty service obligation prescribed under section 338C of the Public Health Service Act (42 U.S.C. 254m), shall give priority to assigning individuals to service in those programs specified in subparagraph (A) that have a need for health professionals to provide health care services as a result of individuals having breached contracts entered into under this section.”; and

   Effective date note
   Pub. L. 102–573, title I, § 102(d), Oct. 29, 1992, 106 Stat. 4532, provided that: “The amendments made by subsection (c)(1)(C) and subsection (c)(2)(B) [amending this section] shall apply with respect to scholarships granted under section 104 of the Indian Health Care Improvement Act [this section] after the date of the enactment of this Act [Oct. 29, 1992].”

6. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 § 102(c)(2)(C) · 106 Stat. 4526

   Added · 25 U.S.C. § 1613a(b)(4)

   Pub. L. 102–573, § 102(c)(2)(C), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 102–573, § 102(c)(2)(C), added par. (4).

   Enacted provision · exact public law section
   (C) by adding at the end the following new paragraph: “(1) In the case of an individual receiving a scholarship under this section who is enrolled part time in an approved course of study— “(A) such scholarship shall be for a period of years not to exceed the part-time equivalent of 4 years, as determined by the Secretary; “(B) the period of obligated service specified in section 338A(f)(1)(B)(iv) of the Public Health Service Act (42 U.S.C. 254m(f)(1)(B)(iv)) shall be equal to the greater of— “(i) the part-time equivalent of one year for each year for which the individual was provided a scholarship (as determined by the Secretary); or “(ii) two years; and “(C) the amount of the monthly stipend specified in section 338A(g)(1)(B) of the Public Health Service Act (42 U.S.C. 254m(g)(1)(B)) shall be reduced pro rata (as determined by the Secretary) based on the number of hours such student is enrolled.”;

   Effective date note
   Pub. L. 102–573, title I, § 102(d), Oct. 29, 1992, 106 Stat. 4532, provided that: “The amendments made by subsection (c)(1)(C) and subsection (c)(2)(B) [amending this section] shall apply with respect to scholarships granted under section 104 of the Indian Health Care Improvement Act [this section] after the date of the enactment of this Act [Oct. 29, 1992].”

7. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 § 103 · 106 Stat. 4526

   Added · 25 U.S.C. § 1613a(b)(5)

   Pub. L. 102–573, § 103, added par. (5)

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 102–573, § 103, added par. (5).

   Enacted provision · exact public law section
   SEC. 103. BREACH OF CONTRACT PROVISIONS RELATING TO INDIAN HEALTH SCHOLARSHIPS. Section 104(b) of the Act (25 U.S.C. 1613a(b)) (as amended by section 102(c) of this Act) is amended by adding at the end the following new paragraph: “(5) (A) An individual who has, on or after the date of the enactment of this paragraph, entered into a written contract with the Secretary under this section and who— “(i) fails to maintain an acceptable level of academic standing in the educational institution in which he is enrolled (such level determined by the educational institution under regulations of the Secretary), “(ii) is dismissed from such educational institution for disciplinary reasons, “(iii) voluntarily terminates the training in such an educational institution for which he is provided a scholarship under such contract before the completion of such training, or “(iv) fails to accept payment, or instructs the educational institution in which he is enrolled not to accept payment, in whole or in part, of a scholarship under such contract, in lieu of any service obligation arising under such contract, shall be liable to the United States for the amount which has been paid to him, or on his behalf, under the contract. “(B) If for any reason not specified in subparagraph (A) an individual breaches his written contract by failing either 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 determined in accordance with the formula specified in subsection (1) of section 108 in the manner provided for in such subsection.”.

   Effective date note
   Pub. L. 102–573, title I, § 102(d), Oct. 29, 1992, 106 Stat. 4532, provided that: “The amendments made by subsection (c)(1)(C) and subsection (c)(2)(B) [amending this section] shall apply with respect to scholarships granted under section 104 of the Indian Health Care Improvement Act [this section] after the date of the enactment of this Act [Oct. 29, 1992].”

8. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 § 102(c)(3) · 106 Stat. 4526

   Amended · 25 U.S.C. § 1613a(c)

   Pub. L. 102–573, § 102(c)(3), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “For purposes of this section, the term ‘Indian’ has the same meaning given that term by subsection (c) of section 1603 of this title, including all individuals described in clauses (1) through (4) of that subsection.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–573, § 102(c)(3), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “For purposes of this section, the term ‘Indian’ has the same meaning given that term by subsection (c) of section 1603 of this title, including all individuals described in clauses (1) through (4) of that subsection.”

   Enacted provision · exact public law section
   (3) by amending subsection (c) to read as follows: “(c) The Secretary shall, acting through the Service, establish a Placement Office to develop and implement a national policy for the placement, to available vacancies within the Service, of Indian Health Scholarship recipients required to meet the active duty service obligation prescribed under section 338C of the Public Health Service Act (42 U.S.C. 254m) without regard to any competitive personnel system, agency personnel limitation, or Indian preference policy.”; and

   Effective date note
   Pub. L. 102–573, title I, § 102(d), Oct. 29, 1992, 106 Stat. 4532, provided that: “The amendments made by subsection (c)(1)(C) and subsection (c)(2)(B) [amending this section] shall apply with respect to scholarships granted under section 104 of the Indian Health Care Improvement Act [this section] after the date of the enactment of this Act [Oct. 29, 1992].”

9. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 § 102(c)(4) · 106 Stat. 4526

   Struck · 25 U.S.C. § 1613a(d)

   Pub. L. 102–573, § 102(c)(4), struck out subsec. (d) which authorized appropriations for fiscal years 1989 to 1992

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 102–573, § 102(c)(4), struck out subsec. (d) which authorized appropriations for fiscal years 1989 to 1992.

   Enacted provision · exact public law section
   (4) by striking out subsection (d).

   Effective date note
   Pub. L. 102–573, title I, § 102(d), Oct. 29, 1992, 106 Stat. 4532, provided that: “The amendments made by subsection (c)(1)(C) and subsection (c)(2)(B) [amending this section] shall apply with respect to scholarships granted under section 104 of the Indian Health Care Improvement Act [this section] after the date of the enactment of this Act [Oct. 29, 1992].”

10. 1996

    Indian Health Care Improvement Technical Corrections Act of 1996

    Pub. L. 104–313 § 2(b)(1)(A) · 110 Stat. 3820

    1. Substituted · 25 U.S.C. § 1613a(b)(3)(A)

       Pub. L. 104–313, § 2(b)(1)(A), substituted “The active duty service obligation under a written contract with the Secretary under section 254l of title 42 that an individual has entered into under that section shall, if that individual is a recipient of an Indian Health Scholarship, be met in full-time practice, by service—” for “The active duty service obligation prescribed under section 254m of title 42 shall be met by a  recipient  of  an  Indian  Health  Scholarship  by service—” in introductory provisions

    2. Struck · 25 U.S.C. § 1613a(b)(3)(A)

       Pub. L. 104–313, § 2(b)(1)(A), struck out “or” at end of cl. (iii)

    3. Substituted · 25 U.S.C. § 1613a(b)(3)(A)

       Pub. L. 104–313, § 2(b)(1)(A), substituted “; or” for period at end of cl. (iv)

    Source evidence

    Code amendment note
    Subsec. (b)(3)(A). Pub. L. 104–313, § 2(b)(1)(A), substituted “The active duty service obligation under a written contract with the Secretary under section 254l of title 42 that an individual has entered into under that section shall, if that individual is a recipient of an Indian Health Scholarship, be met in full-time practice, by service—” for “The active duty service obligation prescribed under section 254m of title 42 shall be met by a  recipient  of  an  Indian  Health  Scholarship  by service—” in introductory provisions, struck out “or” at end of cl. (iii), and substituted “; or” for period at end of cl. (iv).

    Enacted provision · exact public law section
    (A) in subparagraph (A)— (i) by striking the matter preceding clause (i) and inserting the following: “(3) (A) The active duty service obligation under a written contract with the Secretary under section 338A of the Public Health Service Act (42 U. S. C. 2541) that an individual has entered into under that section shall, if that individual is a recipient of an Indian Health Scholarship, be met in full-time practice, by service—”; (ii) by striking “or” at the end of clause (iii); and (iii) by striking the period at the end of clause (iv) and inserting “; or”;

11. 1996

    Indian Health Care Improvement Technical Corrections Act of 1996

    Pub. L. 104–313 § 2(b)(1)(C) · 110 Stat. 3820

    Redesignated · 25 U.S.C. § 1613a(b)(3)(B)

    Pub. L. 104–313, § 2(b)(1)(C), added subpar. (B). Former subpar. (B) redesignated (C)

    Source evidence

    Code amendment note
    Subsec. (b)(3)(B). Pub. L. 104–313, § 2(b)(1)(C), added subpar. (B). Former subpar. (B) redesignated (C).

    Enacted provision · exact public law section
    (C) by inserting after subparagraph (A) the following new subparagraph: “(B) At the request of any individual who has entered into a contract referred to in subparagraph (A) and who receives a degree in medicine (including osteopathic or allopathic medicine), dentistry, optometry, podiatry, or pharmacy, the Secretary shall defer the active duty service obligation of that individual under that contract, in order that such individual may complete any internship, residency, or other advanced clinical training that is required for the practice of that health profession, for an appropriate period (in years, as determined by the Secretary), subject to the following conditions: “(i) No period of internship, residency, or other advanced clinical training shall be counted as satisfying any period of obligated service that is required under this section. “(ii) The active duty service obligation of that individual shall commence not later than 90 days after the completion of that advanced clinical training (or by a date specified by the Secretary). “(iii) The active duty service obligation will be served in the health profession of that individual, in a manner consistent with clauses (i) through (v) of subparagraph (A).”;

12. 1996

    Indian Health Care Improvement Technical Corrections Act of 1996

    Pub. L. 104–313 § 2(b)(1)(D) · 110 Stat. 3820

    Substituted · 25 U.S.C. § 1613a(b)(3)(C)

    Pub. L. 104–313, § 2(b)(1)(D), substituted “described in subparagraph (A) by service in a program specified in that subparagraph” for “prescribed under section 254m of title 42 by service in a program specified in subparagraph (A)”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(C). Pub. L. 104–313, § 2(b)(1)(D), substituted “described in subparagraph (A) by service in a program specified in that subparagraph” for “prescribed under section 254m of title 42 by service in a program specified in subparagraph (A)”.

    Enacted provision · exact public law section
    (D) in subparagraph (C), as so redesignated, by striking “prescribed under section 338C of the Public Health Service Act (42 U. S. C. 254m) by service in a program specified in subparagraph (A)” and inserting “described in subparagraph (A) by service in a program specified in that subparagraph”; and

13. 1996

    Indian Health Care Improvement Technical Corrections Act of 1996

    Pub. L. 104–313 § 2(b)(1)(B) · 110 Stat. 3820

    Redesignated · 25 U.S.C. § 1613a(b)(3)(C)

    Pub. L. 104–313, § 2(b)(1)(B), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–313, § 2(b)(1)(B), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D).

    Enacted provision · exact public law section
    (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;

14. 1996

    Indian Health Care Improvement Technical Corrections Act of 1996

    Pub. L. 104–313 § 2(b)(1)(E) · 110 Stat. 3820

    1. Substituted · 25 U.S.C. § 1613a(b)(3)(D)

       Pub. L. 104–313, § 2(b)(1)(E), substituted “Subject to subparagraph (C),” for “Subject to subparagraph (B),”

    2. Substituted · 25 U.S.C. § 1613a(b)(3)(D)

       Pub. L. 104–313, § 2(b)(1)(E), substituted “described in subparagraph (A)” for “prescribed under section 254m of title 42”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(D). Pub. L. 104–313, § 2(b)(1)(E), substituted “Subject to subparagraph (C),” for “Subject to subparagraph (B),” and “described in subparagraph (A)” for “prescribed under section 254m of title 42”.

    Enacted provision · exact public law section
    (E) in subparagraph (D), as so redesignated— (i) by striking “Subject to subparagraph (B),” and inserting “Subject to subparagraph (C),”, and (ii) by striking “prescribed under section 338C of the Public Health Service Act (42 U. S. C. 254m)” and inserting “described in subparagraph (A)”;

15. 1996

    Indian Health Care Improvement Technical Corrections Act of 1996

    Pub. L. 104–313 § 2(b)(1)(B) · 110 Stat. 3820

    Redesignated · 25 U.S.C. § 1613a(b)(3)(D)

    Pub. L. 104–313, § 2(b)(1)(B), redesignated subpar. (C) as (D)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–313, § 2(b)(1)(B), redesignated subpar. (C) as (D).

    Enacted provision · exact public law section
    (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;

16. 1996

    Indian Health Care Improvement Technical Corrections Act of 1996

    Pub. L. 104–313 § 2(b)(2)(A) · 110 Stat. 3820

    Substituted · 25 U.S.C. § 1613a(b)(4)(B)

    Pub. L. 104–313, § 2(b)(2)(A), substituted “the period of obligated service described in paragraph (3)(A) shall be equal to the greater of—” for “the period of obligated service specified in section 254l(f)(1)(B)(iv) of title 42 shall be equal to the greater of—” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(4)(B). Pub. L. 104–313, § 2(b)(2)(A), substituted “the period of obligated service described in paragraph (3)(A) shall be equal to the greater of—” for “the period of obligated service specified in section 254l(f)(1)(B)(iv) of title 42 shall be equal to the greater of—” in introductory provisions.

    Enacted provision · exact public law section
    (A) in subparagraph (B), by striking the matter preceding clause (i) and inserting the following; “(B) the period of obligated service described in paragraph (3)(A) shall be equal to the greater of—”; and

17. 1996

    Indian Health Care Improvement Technical Corrections Act of 1996

    Pub. L. 104–313 § 2(b)(2)(B) · 110 Stat. 3820

    Changed · 25 U.S.C. § 1613a(b)(4)(C)

    Pub. L. 104–313, § 2(b)(2)(B), made technical amendment to reference in original act which appears in text as reference to section 254l(g)(1)(B) of title 42

    Source evidence

    Code amendment note
    Subsec. (b)(4)(C). Pub. L. 104–313, § 2(b)(2)(B), made technical amendment to reference in original act which appears in text as reference to section 254l(g)(1)(B) of title 42.

    Enacted provision · exact public law section
    (B) in subparagraph (C), by striking “(42 U. S. C. 254m(g)(l)(B))” and inserting “(42 U. S. C. 2541(g)(1)(B))”; and

18. 1996

    Indian Health Care Improvement Technical Corrections Act of 1996

    Pub. L. 104–313 § 2(b)(3) · 110 Stat. 3820

    Added · 25 U.S.C. § 1613a(b)(5)(C)(F)

    Pub. L. 104–313, § 2(b)(3), added subpars. (C) to (F)

    Source evidence

    Code amendment note
    Subsec. (b)(5)(C) to (F). Pub. L. 104–313, § 2(b)(3), added subpars. (C) to (F).

    Enacted provision · exact public law section
    (3) in paragraph (5), by adding at the end the following new subparagraphs: “(C) Upon the death of an individual who receives an Indian Health Scholarship, any obligation of that individual for service or payment that relates to that scholarship shall be canceled. “(D) The Secretary shall provide for the partial or total waiver or suspension of any obligation of service or payment of a recipient of an Indian Health Scholarship if the Secretary determines that— “(i) it is not possible for the recipient to meet that obligation or make that payment; “(ii) requiring that recipient to meet that obligation or make that payment would result in extreme hardship to the recipient; or “(iii) the enforcement of the requirement to meet the obligation or make the payment would be unconscionable. “(E) Notwithstanding any other provision of law, in any case of extreme hardship or for other good cause shown, the Secretary may waive, in whole or in part, the right of the United States to recover funds made available under this section. “(F) Notwithstanding any other provision of law, with respect to a recipient of an Indian Health Scholarship, no obligation for payment may be released by a discharge in bankruptcy under title 11, United States Code, unless that discharge is granted after the expiration of the 5-year period beginning on the initial date on which that payment is due, and only if the bankruptcy court finds that the nondischarge of the obligation would be unconscionable.”.

25 of 25 references resolved to an enrolled provision