Page:United States Statutes at Large Volume 104 Part 4.djvu/712

 104 STAT. 3028 PUBLIC LAW 101-597—NOV. 16, 1990 42 USC 2540-1. "SEC. 338F. FUND REGARDING USE OF AMOUNTS RECOVERED FOR CON- TRACT BREACH TO REPLACE SERVICES LOST AS RESULT OF BREACH. "(a) ESTABLISHMENT OF FuND.— There is established in the Treasury of the United States a fund to be known as the National Health Service Corps Member Replacement Fund (hereafter in this section referred to as the 'Fund'). The Fund shall consist of such amounts as may be appropriated under subsection (b) to the Fund. Amounts appropriated for the Fund shall remain available until expended. "(b) AUTHORIZATION OF APPROPRIATIONS TO FUND.— For each fiscal year, there is authorized to be appropriated to the Fund an amount equal to the sum of— "(1) the amount collected during the preceding fiscal year by the Federal Government pursuant to the liability of individuals under section 338E for the breach of contracts entered into under section 338A or 338B; "(2) the amount by which grants under section 3381 have, for such preceding fiscal year, been reduced under subsection (g)(2)(B) of such section; and "(3) the aggregate of the amount of interest accruing during the preceding fiscal year on obligations held in the Fund pursuant to subsection (d) and the amount of proceeds from the sale or redemption of such obligations during such fiscal year. "(c) USE OF FUND. — "(1) PAYMENTS TO CERTAIN HEALTH PACIUTIES. —Amounts in the Fund and available pursuant to appropriations Act may, subject to paragraph (2), be expended by the Secretary to make payments to any entity— "(A) to which a Corps member has been assigned under section 333; and "(B) that has a need for a health professional to provide primary health services as a result of the Corps member having breached the contract entered into under section 338A or 338B by the individual. "(2) PURPOSE OF PAYMENTS. — An entity receiving payments pursuant to paragraph (1) may expend the payments to recruit and employ a health professional to provide primary health services to patients of the entity, or to enter into a contract with such a professional to provide the services to the patients. "(d) INVESTMENT. — "(1) IN GENERAL.—The Secretary of the Treasury shall invest such amounts of the Fund as such Secretary determines are not required to meet current withdrawals from the Fund. Such investments may be made only in interest-bearing obligations of the United States. For such purpose, such obligations may be acquired on original issue at the issue price, or by purchase of outstanding obligations at the market price. "(2) SALE OF OBLIGATIONS. —Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.". SEC. 205. REPORT AND AUTHORIZATION OF APPROPRIATIONS. (a) REPORT. — (1) DATE FOR REPORT. —Section 338H(a) of the Public Health Service Act, as redesignated by section 204 of this Act, is amended in the matter preceding paragraph (1) by striking "January 20" and inserting "March 1.

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