§ 1616k TITLE 25—INDIANS Page 438

(4) enters into an agreement with the Service for continued employment for a period of

not less than 1 year.

(b) Minimum award percentage to nurses

Beginning with fiscal year 1993, not less than

25 percent of the retention bonuses awarded

each year under subsection (a) of this section

shall be awarded to nurses.

(c) Rates; maximum rate

The Secretary may establish rates for the retention bonus which shall provide for a higher

annual rate for multiyear agreements than for

single year agreements referred to in subsection

(a)(4) of this section, but in no event shall the

annual rate be more than $25,000 per annum.

(d) Time of payment

The retention bonus for the entire period covered by the agreement described in subsection

(a)(4) of this section shall be paid at the beginning of the agreed upon term of service.

(e) Refund; interest

Any physician or nurse failing to complete the

agreed upon term of service, except where such

failure is through no fault of the individual,

shall be obligated to refund to the Government

the full amount of the retention bonus for the

period covered by the agreement, plus interest

as determined by the Secretary in accordance

with section 1616a(l)(2)(B) of this title.

(f) Physicians and nurses employed under Indian

Self-Determination Act

The Secretary may pay a retention bonus to

any physician or nurse employed by an organization providing health care services to Indians

pursuant to a contract under the Indian Self-Determination Act [25 U.S.C. 450f et seq.] if such

physician or nurse is serving in a position which

the Secretary determines is—

(1) a position for which recruitment or retention is difficult; and

(2) necessary for providing health care services to Indians.

(Pub. L. 94–437, title I, §117, as added Pub. L.

100–713, title I, §109, Nov. 23, 1988, 102 Stat. 4799;

amended Pub. L. 102–573, title I, §104(d), Oct. 29,

1992, 106 Stat. 4533.)

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in

subsec. (f), is title I of Pub. L. 93–638, Jan. 4, 1975, 88

Stat. 2206, as amended, which is classified principally

to part A (§450f et seq.) of subchapter II of chapter 14

of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 450

of this title and Tables.

AMENDMENTS

1992—Subsecs. (b) to (f). Pub. L. 102–573 added subsec.

(b), redesignated former subsecs. (b) to (e) as (c) to (f),

respectively, and amended subsec. (f) generally, substituting provisions relating to physicians and nurses

employed under the Indian Self-Determination Act for

provisions which authorized appropriations for fiscal

years 1990 to 1992.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1621h of this

title.

§ 1616k. Nursing residency program

(a) Establishment

The Secretary, acting through the Service,

shall establish a program to enable licensed

practical nurses, licensed vocational nurses, and

registered nurses who are working in an Indian

health program (as defined in section

1616a(a)(2)(A) of this title), and have done so for

a period of not less than one year, to pursue advanced training.

(b) Program components

Such program shall include a combination of

education and work study in an Indian health

program (as defined in section 1616a(a)(2)(A) of

this title) leading to an associate or bachelor’s

degree (in the case of a licensed practical nurse

or licensed vocational nurse) or a bachelor’s degree (in the case of a registered nurse) or a Master’s degree.

(c) Service obligation of program participant

An individual who participates in a program

under subsection (a) of this section, where the

educational costs are paid by the Service, shall

incur an obligation to serve in an Indian health

program for a period of obligated service equal

to at least three times the period of time during

which the individual participates in such program. In the event that the individual fails to

complete such obligated service, the United

States shall be entitled to recover from such individual an amount determined in accordance

with the formula specified in subsection (l) of

section 1616a of this title in the manner provided

for in such subsection.

(Pub. L. 94–437, title I, §118, as added Pub. L.

102–573, title I, §104(e), Oct. 29, 1992, 106 Stat.

4534; amended Pub. L. 103–435, §16(b), Nov. 2, 1994,

108 Stat. 4573.)

AMENDMENTS

1994—Subsec. (b). Pub. L. 103–435 inserted before period at end ‘‘or a Master’s degree’’.

§ 1616l. Community Health Aide Program for

Alaska

(a) Maintenance of Program

Under the authority of section 13 of this title,

the Secretary shall maintain a Community

Health Aide Program in Alaska under which the

Service—

(1) provides for the training of Alaska Natives as health aides or community health

practitioners;

(2) uses such aides or practitioners in the

provision of health care, health promotion,

and disease prevention services to Alaska Natives living in villages in rural Alaska; and

(3) provides for the establishment of teleconferencing capacity in health clinics located

in or near such villages for use by community

health aides or community health practitioners.

(b) Training; curriculum; Certification Board

The Secretary, acting through the Community

Health Aide Program of the Service, shall—

(1) using trainers accredited by the Program,

provide a high standard of training to commu-