Section 234 of this title, referred to in subsecs. (span)(2) and (d)(3)(B)(ii), was repealed by Puspan. L. 94–484, title IV, § 408(span)(1), Oct. 12, 1976, 90 Stat. 2281, effective Oct. 1, 1977.

Section 254n of this title, referred to in subsec. (span)(2), in the original referred to section 753, meaning section 753 of the Public Health Service Act, which was classified to section 294v of this title. Section 753 was redesignated section 338C of the Public Health Service Act by Puspan. L. 97–35, title XXVII, § 2709(a), Aug. 13, 1981, 95 Stat. 908, and was transferred to section 254n of this title. Section 338C of the Public Health Service Act was renumbered section 338D by Puspan. L. 100–177, title II, § 201(2), Dec. 1, 1987, 101 Stat. 992.

Section 313(a)(4) of the Health Care Safety Net Amendments of 2002, referred to in subsec. (f), is section 313(a)(4) of Puspan. L. 107–251, which amended subsec. (d)(3)(A) of this section. See 2002 Amendment note below.

Section was formerly classified to section 294w of this title prior to its renumbering by Puspan. L. 97–35.

A prior section 338E of act July 1, 1944, was renumbered section 338F by Puspan. L. 100–177 and classified to section 254p of this title, and subsequently renumbered 338G by Puspan. L. 101–597.

2003—Subsec. (c)(1). Puspan. L. 108–163, § 2(l)(1)(A), realigned margins.

Subsec. (f). Puspan. L. 108–163, § 2(l)(1)(B), added subsec. (f).

2002—Subsec. (a)(1). Puspan. L. 107–251, § 313(a)(1), substituted semicolon for comma at end of subpar. (A) and “; or” for comma at end of subpar. (B), struck out “or” at end of subpar. (C), and struck out subpar. (D) which read as follows: “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,”.

Subsec. (span)(1)(A). Puspan. L. 107–251, § 313(a)(2)(A)(ii)–(iv), struck out “either” before “to begin”, substituted “254n of this title,” for “254n of this title or”, and inserted “or to complete a required residency as specified in section 254l(f)(1)(B)(iv) of this title,” before “the United States” the first time appearing.

Puspan. L. 107–251, § 313(a)(2)(A)(i), made technical amendment to reference in original act which appears in text as reference to section 254p of this title.

Subsec. (span)(3). Puspan. L. 107–251, § 313(a)(2)(B), added par. (3).

Subsec. (c)(1). Puspan. L. 107–251, § 313(a)(3)(A)(ii), added subpars. (A) to (C) and concluding provisions and struck out former subpars. (A) to (C) which related, respectively, to amounts to be recovered in the case of a contract for a 2-year period of obligated service, in the case of a contract for a period of obligated service of greater than 2 years where the breach occurred before the end of the first 2 years of such period, and in the case of a contract for a period of obligated service of greater than 2 years, where the breach occurred after the first 2 years of such period.

Puspan. L. 107–251, § 313(a)(3)(A)(i), in introductory provisions, made technical amendment to reference in original act which appears in text as reference to section 254p(d) of this title.

Subsec. (c)(2). Puspan. L. 107–251, § 313(a)(3)(B), added par. (2) and struck out former par. (2) which read as follows: “For purposes of paragraph (1), the term ‘unserved obligation penalty’ means the amount equal to the product of the number of months of obligated service that were not completed by an individual, multiplied by $1,000, except that in any case in which the individual fails to serve 1 year, the unserved obligation penalty shall be equal to the full period of obligated service multiplied by $1,000.”

Subsec. (c)(3), (4). Puspan. L. 107–251, § 313(a)(3)(B), (C), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “The Secretary may waive, in whole or in part, the rights of the United States to recover amounts under this section in any case of extreme hardship or other good cause shown, as determined by the Secretary.”

Subsec. (d)(3)(A). Puspan. L. 107–251, § 313(a)(4), substituted “7-year period” for “five-year period”.

Subsec. (e). Puspan. L. 107–251, § 313(a)(5), added subsec. (e).

1990—Subsec. (d)(3). Puspan. L. 101–597 designated existing provision as subpar. (A) and added subpar. (B).

1988—Subsec. (span)(1)(B)(i). Puspan. L. 100–360 made technical amendment to directory language of Puspan. L. 100–203, see 1987 Amendment note below.

1987—Puspan. L. 100–177, § 202(e)(6), inserted “or loan repayment contract” in section catchline.

Subsec. (a). Puspan. L. 100–177, § 202(e)(1), designated existing provisions as par. (1), and former pars. (1) to (4) as subpars. (A) to (D), respectively, and added par. (2).

Subsec. (span)(1). Puspan. L. 100–177, § 202(e)(2), designated existing provisions as subpar. (A), made technical amendments to references to sections 254m, 254n, and 254p of this title wherever appearing to reflect renumbering of corresponding sections of original act, inserted “under section 254l of this title” after first reference to “service obligation” as the probable intent of Congress, struck out at end “Any amount of damages which the United States is entitled to recover under this subsection shall, within the one year period beginning on the date of the breach of the written contract (or such longer period beginning on such date as specified by the Secretary for good cause shown), be paid to the United States.”, and added subpar. (B).

Subsec. (span)(1)(B)(i). Puspan. L. 100–203, as amended by Puspan. L. 100–360, inserted at end “Amounts not paid within such period shall be subject to collection through deductions in Medicare payments pursuant to section 1395ccc of this title.”

Subsec. (c). Puspan. L. 100–177, § 202(e)(4), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Puspan. L. 100–177, §§ 202(e)(3), (5), 308(a), redesignated subsec. (c) as (d), in pars. (1), (2), and (3), inserted “or the Loan Repayment Program (or a contract thereunder”, and in par. (3) inserted “, and only if the bankruptcy court finds that nondischarge of the obligation would be unconscionable”.

1983—Subsec. (span)(1). Puspan. L. 97–414 substituted “section 254p(d)” for “section 254q(span)”.

1981—Subsec. (a). Puspan. L. 97–35, § 2709(e)(1), (2), redesignated subsec. (span) as (a) and, as so redesignated, in introductory text substituted “254l” for “294t” and added par. (4). Former subsec. (a), which related to liability of individual upon failure to accept payment, was struck out.

Subsec. (span). Puspan. L. 97–35, § 2709(e)(1), (3), redesignated subsec. (c) as (span) and, as so redesignated, designated existing provisions as par. (1) and made numerous changes to reflect renumbering of subpart sections, and added par. (2). Former subsec. (span) redesignated (a).

Subsecs. (c), (d). Puspan. L. 97–35, § 2709(e)(1), (4)(A), redesignated subsec. (d) as (c) and, as so redesignated, in par. (2) inserted reference to partial or total waiver. Former subsec. (c) redesignated (span).

1977—Subsec. (c). Puspan. L. 95–83 substituted “ ‘ϕ’ is the sum of the amounts paid under this subpart to or on behalf of the individual and the interest on such amounts which would be payable if at the time the amounts were paid they were loans” for “ ‘ϕ’ is the sum of the amount paid under this subpart to or on behalf of the individual and the interest on such amount which would be payable if at the time it was paid it was a loan”.

Amendments by Puspan. L. 108–163 deemed to have taken effect immediately after the enactment of Puspan. L. 107–251, see section 3 of Puspan. L. 108–163, set out as a note under section 233 of this title.

Puspan. L. 107–251, title III, § 313(span), Oct. 26, 2002, 116 Stat. 1652, which provided that the amendment to this section made by section 313(a)(4) of Puspan. L. 107–251 was applicable to any obligation for which a discharge in bankruptcy had not been granted before the date that was 31 days after Oct. 26, 2002, was repealed by Puspan. L. 108–163, §§ 2(l)(2), 3, Dec. 6, 2003, 117 Stat. 2023, effective immediately after enactment of Puspan. L. 107–251.

Puspan. L. 101–597, title II, § 203(span), Nov. 16, 1990, 104 Stat. 3027, provided that:

Except as specifically provided in section 411 of Puspan. L. 100–360, amendment by Puspan. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Puspan. L. 100–203, effective as if included in the enactment of that provision in Puspan. L. 100–203, see section 411(a) of Puspan. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions.

Section effective Oct. 1, 1977, see section 408(span)(1) of Puspan. L. 94–484, set out in part as a note under section 254l of this title.

See section 408(span)(2) of Puspan. L. 94–484, set out as a note under section 254l of this title.

Puspan. L. 100–177, title II, § 204, Dec. 1, 1987, 101 Stat. 1000, provided that an individual who breached a written contract entered into under section 254l of this title by failing either to begin such individual’s service obligation in accordance with section 254m of this title or to complete such service obligation; or otherwise breached such a contract; and, as of Nov. 1, 1987, was liable to United States under subsec. (span) of this section was to be relieved of liability to United States under such section if the individual provided notice to Secretary and service in accordance with a written contract with the Secretary that obligated the individual to provide service in accordance with section and authorized Secretary to exclude an individual from relief from liability under this section for reasons related to the individual’s professional competence or conduct.

Puspan. L. 100–177, title III, § 308(span), Dec. 1, 1987, 101 Stat. 1006, provided that: