101 STAT. 1000
PUBLIC LAW 100-177—DEC. 1, 1987
areas under the State program and the determination of obligated service under the State program as may be acceptable to the Secretary. "(c) FEDERAL SHARE.—The Federal share of the costs of any State program supported under this section shall not exceed 75 percent. "(d) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are authorized to be appropriated $1,000,000 for fiscal year 1988 and such sums as may be necessary for each of the fiscal years 1989 and 1990.". Contracts.
SEC. 204. SPECIAL REPAYMENT PROVISIONS.
42 USC 2540
note.
>!
.' e.
..^:^
r
..
,,...,>
...
j ^ ^
(a) ELIGIBLE INDIVIDUALS.—
(1) IN GENERAL.—An individual who— (A)(i) breached a written contract entered into under section 338A of the Public Health Service Act (42 U.S.C. 2541) by failing either to begin such individual's service obligation in accordance with section 3380 of such Act {as redesignated by section 201(2) of this Act) or to complete
- ii.'
such service obligation; or J,,. ' (ii) otherwise breached such a contract; and (B) as of November 1, 1987, is liable to the United States under section 338E(b) of such Act (as redesignated by section 201(2) of this Act), shall be relieved of liability to the United States under such section if the individual provides notice to the Secretary in accordance with paragraph (2) and provides service in accordance with a written contract with the Secretary that obligates the individual to provide service in accordance with subsection , OJ) or (c). The Secretary may exclude an individual from relief ,, from liability under this section for reasons related to the individual's professional competence or conduct. ,, (2) NOTICE BY SECRETARY.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and ^ Human Services shall notify in writing individuals who are described in subsection (a) of the opportunity provided by such subsection to be relieved of liability to the United States under section 338E0t)) of the Public Health Service Act (as redesignated by section 201(2) of this Act). Notice sent to the last known address of such individual shall constitute sufficient notice for the purposes of this section. The Secretary may require that an individual responding to such notice make an - ; * election between service under subsection (b) or subsection (c) q and provide that such election shall be binding. ^ (3) NOTICE BY INDIVIDUAL.—Not later than 180 days after the date of the enactment of this Act, an individual who receives a notice from the Secretary may notify the Secretary that the individual intends to enter into a written contract with the ., Secretary to provide service in accordance with subsection (b) or (c). The Secretary may extend the 180-day period for an individP^ ual for good cause shown. y^ (4) STATUTE OF LIMITATIONS.—If an individual provides notice under paragraph (3), the statute of limitations established by • section 2415 of title 28, United States Code, shall be tolled from the time the Secretary receives such notice until such time as it is determined by the Secretary that such individual will not be relieved of liability to the United States under the Public Health Service Act as provided under this section.
�
