Page:United States Statutes at Large Volume 102 Part 5.djvu/784

 102 STAT. 4790

Contracts.

Contracts.

Contracts.

Contracts.

PUBLIC LAW 100-713—NOV. 23, 1988

"(3) submit an application to participate in the Loan Repayment Program; and "(4) sign and submit to the Secretary, at the time of submission of such application, a written contract (described in subsection (f)) to accept repayment of educational loans and to serve (in accordance with this section) for the applicable period of obligated service in an Indian health program. "(c)(1) In disseminating application forms and contract forms to individuals desiring to participate in the Loan Repayment Program, the Secretary shall include with such forms a fair summary of the rights and liabilities of an individual whose application is approved (and whose contract is accepted) by the Secretary, including in the summary a clear explanation of the damages to which the United States is entitled under subsection (1) in the case of the individual's breach of the contract. The Secretary shall provide such individuals with sufficient information regarding the advantages and disadvantages of service as a commissioned officer in the Regular or Reserve Corps of the Public Health Service or a civilian employee of the Indian Health Service to enable the individual to make a decision on an informed basis. "(2) The application form, contract form, and all other information furnished by the Secretary under this section shall be written in a manner calculated to be understood by the average individual applying to participate in the Loan Repayment Program. "(3) The Secretary shall make such application forms, contract forms, and other information available to individuals desiring to participate in the Loan Repayment Program on a date sufficiently early to ensure that such individuals have adequate time to carefully review and evaluate such forms and information. "(d)(1) The Secretary, acting through the Service and in accordance with subsection (k), shall annually— "(A) identify the positions in each Indian Health program for which there is a need or a vacancy, and "(B) rank those positions in order of priority. "(2) Consistent with the priority determined under paragraph (1), the Secretary, in determining which applications under the Loan Repayment Program to approve (and which contracts to accept), shall give priority to applications made by— "(A) Indians; and "(B) individuals recruited through the efforts of Indian tribes or tribal or Indian organizations. "(e)(1) An individual becomes a participant in the Loan Repayment Program only on the Secretary's approved of the individual's application submitted under subsection (b)(3) and the Secretary's acceptance of the contract submitted by the individual under subsection (b)(4). "(2) The Secretary shall provide written notice to an individual promptly on— "(A) the Secretary's approving, under paragraph (1), of the individual's participation in the Loan Repayment Program; or "(B) the Secretary's disapproving an individual's participation in such Program. "(f) The written contract referred to in this section between the Secretary and an individual shall contain— "(1) an agreement under which— "(A) subject to paragraph (3), the Secretary agrees—

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