Page:United States Statutes at Large Volume 110 Part 5.djvu/747
PUBLIC LAW 104-313—OCT. 19, 1996 110 STAT. 3821 degree in medicine (including osteopathic or allopathic medicine), dentistry, optometry, podiatry, or pheirmacy, 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 advsmced 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 obhgation will be served in the health profession of tiiat individual, in a manner consistent with clauses (i) through (v) of subparagraph (A)."; (D) in subparagraph (C), as so redesignated, by striking "prescribed under section 3380 of the Public Healtii 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 (E) in subparagraph (D), as so redesignated— (i) by striking "Subject to subparagraph (B)," gind 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)"; (2) in paragraph (4)— (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 (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 (3) in paragraph (5), by adding at the end the following new subparagraphs: "(C) Upon the death of an individual who receives sm Indian Healtii 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 obhgation or meike that payment would result in extreme hardsMp to the recipient; or "(iii) the enforcement of the requirement to meet the obhgation 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.