Page:United States Statutes at Large Volume 106 Part 3.djvu/282

 106 STAT. 2076 PUBLIC LAW 102-408—OCT. 13, 1992 "(2) LIMITATION. —In the case of an award to an entity of a grant, cooperative agreement, or contract under this title, paragraph (1) shall apply only to the extent not inconsistent with any other provision of this title that relates to the period during which pa3anents may be made under the award. " (c) BREACH OF AGREEMENTS FOR OBLIGATED SERVICE.— "(1) IN GENERAL.—In the case of any program under this title under which an individual makes an agreement to provide health services for a period of time in accordance with such program in consideration of receiving an award of Federal funds regarding education as a nurse (including an award for the repayment of loans), the following applies if the agreement provides that this subsection is applicable: "(A) In the case of a program under this title that makes an award of Federal funds for attending an accredited program of nursing (in this subsection referred to as 'nursing program'), the individual is liable to the Federal Government for the amount of such award (including amounts provided for expenses related to such attendance), and for interest on such amount at the maximum legal prevailing rate, if the individual— "(i) fails to maintain an acceptable level of academic standing in the nursing program (as indicated by the program in accordance with requirements established by the Secretary); "(ii) is dismissed from the nursing program for disciplinary reasons; or "(iii) voluntarily terminates the nursing program. "(B) The individual is liable to the Federal (government for the amount of such award (including amounts provided for expenses related to such attendance), and for interest on such amount at the msiximum legal prevailing rate, if the individual fails to provide health services in accordance with the program under this title for the period of time applicable under the program. "(2) WAIVER OR SUSPENSION OF LIABILITY.— In the case of an individual or health facility making an agreement for purposes of paragraph (1), the Secretary shall provide for the waiver or suspension of liability under such paragraph if compliance by the individual or the health facility, as the case may be, with the agreements involved is impossible, or would involve extreme hardship to the individual or facility, and if enforcement of the agreements with respect to the individual or facility would be unconscionable. " (3) DATE CERTAIN FOR RECOVERY.—Subject to paragraph (2), any amount that the Federal Cxovernment is entitled to recover under paragraph (1) shall be paid to the United States not later than the expiration of the three-year period beginning on the date the United States becomes so entitled. "(4) AVAILABILITY. —Amounts recovered under paragraph (1) with respect to a program under this title shall be available for the purposes of such program, and shall remain available for such purposes until expended. " (d) PEER REVIEW REGARDING CERTAIN PROGRAMS. — Each application for a grant or contract under any of sections 821, 822, 830, and 831 shall be submitted to a peer review group for an evaluation of the merits of the proposals made in the application.

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