and if enforcement of the agreements with respect 
to the individual or facility would be unconscionable. 
‘‘(4) DATE CERTAIN FOR RECOVERY.—Subject 
to paragraph (3), any amount that the Federal Gov-
ernment is entitled to recover under paragraph (2) 
shall be paid to the United States not later than the 
expiration of the 3-year period beginning on the date 
the United States becomes so entitled. 
‘‘(5) AVAILABILITY.—Amounts recovered under 
paragraph (2) with respect to a program under this 
section shall be available for the purposes of such 
program, and shall remain available for such pur-
poses until expended. 
‘‘(f) DEFINITION.—In this section, the term ‘health 
care facility’ means a facility with a critical shortage of 
pharmacists as determined by the Secretary. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of payments under agreements entered into under 
subsection (a), there are authorized to be appropriated 
such sums as may be necessary for each of fiscal years 
2004 through 2008. 
‘‘SEC. 782. PHARMACY FACULTY LOAN REPAYMENT PRO-
GRAM. 
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
shall establish a program under which the Secretary will
enter into contracts with individuals described in sub-
section (b) and such individuals will agree to serve as fac-
ulty members of schools of pharmacy in consideration of 
the Federal Government agreeing to pay, for each year 
of such service, not more than $35,000 of the principal 
and interest of the educational loans of such individuals. 
‘‘(b) ELIGIBLE INDIVIDUALS.—An individual is de-
scribed in this subsection if such individual—
‘‘(1) has a baccalaureate degree in pharmacy or 
a Doctor of Pharmacy degree from an accredited 
program; or 
‘‘(2) is enrolled as a full-time student—
‘‘(A) in an accredited pharmacy program; 
and 
‘‘(B) in the final year of a course of a 
study or program, offered by such institution 
and approved by the Secretary, leading to a 
baccalaureate degree in pharmacy or a Doctor 
of Pharmacy degree from such a school. 
‘‘(c) REQUIREMENTS REGARDING FACULTY POSI-
TIONS.—The Secretary may not enter into a contract 
under subsection (a) unless—
‘‘(1) the individual involved has entered into a 
contract with a school of pharmacy to serve as a
member of the faculty of the school for not less than 
2 years; and 
‘‘(2) the contract referred to in paragraph (1) 
provides that—
‘‘(A) the school will, for each year for 
which the individual will serve as a member of 
the faculty under contract with the school, 
make payments of the principal and interest 
due on the educational loans of the individual 
for such year in an amount equal to the amount 
of such payments made by the Secretary for the 
year; 
‘‘(B) the payments made by the school 
pursuant to subparagraph (A) on behalf of the 
individual will be in addition to the compensa-
tion that the individual would otherwise receive 
for serving as a member of such faculty; and 
‘‘(C) the school, in making a determination 
of the amount of compensation to be provided 
by the school to the individual for serving as a 
member of the faculty, will make the determina-
tion without regard to the amount of payments 
made (or to be made) to the individual by the 
Federal Government under subsection (a).
‘‘(d) APPLICABILITY OF CERTAIN PROVISIONS.—The 
provisions of sections 338C, 338G, and 338I shall apply 
to the program established in subsection (a) to the same 
extent and in the same manner as such provisions apply 
to the National Health Service Corps Loan Repayment 
Program established in subpart III of part D of title III, 
including the applicability of provisions regarding reim-
bursements for increased tax liability and regarding bank-
ruptcy. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of carrying out this section, there are authorized 
to be appropriated such sums as may be necessary for 
each of fiscal years 2004 through 2008. 
‘‘SEC. 783. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) SCHOOL OF PHARMACY.—The term ‘school 
of pharmacy’ means a college or school of pharmacy 
(as defined in section 799B) that, in providing clin-
ical experience for students, requires that the stu-
dents serve in a clinical rotation in which pharmacist 
services are provided at or for—
‘‘(A) a medical facility that serves a sub-
stantial number of individuals who reside in or 
are members of a medically underserved com-
munity (as so defined);
‘‘(B) an entity described in any of sub-
paragraphs 
(A) 
through 
(L) 
of 
section 
340B(a)(4) (relating to the definition of covered 
entity); 
‘‘(C) a health care facility of the Depart-
ment of Veterans Affairs or of any of the 
Armed Forces of the United States; 
‘‘(D) a health care facility of the Bureau 
of Prisons; 
‘‘(E) a health care facility operated by, or 
with funds received from, the Indian Health 
Service; or 
‘‘(F) a disproportionate share hospital 
under section 1923 of the Social Security Act. 
‘‘(2) PHARMACIST SERVICES.—The term ‘phar-
macist services’ includes drug therapy management 
services furnished by a pharmacist, individually or 
on behalf of a pharmacy provider, and such services 
and supplies furnished incident to the pharmacist’s 
drug therapy management services, that the phar-
macist is legally authorized to perform (in the State 
in which the individual performs such services) in 
accordance with State law (or the State regulatory 
mechanism provided for by State law).’’.
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