§ 1616a–1 TITLE 25—INDIANS Page 432

by location and profession, during the three

fiscal years beginning after the date the report

is filed; and

(8) the measures the Secretary plans to take

to fill the health professional positions maintained by the Service or by tribes or tribal or

Indian organizations for which recruitment or

retention is difficult.

(Pub. L. 94–437, title I, §108, as added Pub. L.

100–713, title I, §108, Nov. 23, 1988, 102 Stat. 4789;

amended Pub. L. 102–573, title I, §§106(a)–(g)(1),

(h), (i), 117(b)(3), title IX, §902(2)(C), (D), Oct. 29,

1992, 106 Stat. 4535–4537, 4544, 4591.)

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in

subsec. (a)(2)(A)(ii)(I), 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—Subsec. (a)(1). Pub. L. 102–573, §106(a)(1), substituted ‘‘health professionals’’ for ‘‘physicians, dentists, nurses, nurse practitioners, physician assistants,

clinical and counseling psychologists, graduates of

schools of public health, graduates of schools of social

work, and other health professionals’’.

Subsec. (b)(1)(A)(i). Pub. L. 102–573, §106(a)(2)(A)(i),

amended cl. (i) generally. Prior to amendment, cl. (i)

read as follows: ‘‘as a full-time student in the final year

of a course of study or program in an accredited institution, as determined by the Secretary, within any

State; or’’.

Subsec. (b)(1)(A)(ii). Pub. L. 102–573, §106(a)(2)(A)(ii),

substituted ‘‘a health profession’’ for ‘‘medicine, osteopathy, dentistry, or other health profession’’.

Subsec. (b)(1)(B). Pub. L. 102–573, §106(a)(2)(B), in cl.

(i), substituted ‘‘a degree in a health profession; and’’

for ‘‘a degree in medicine, osteopathy, dentistry, or

other health profession;’’, redesignated cl. (iii) as (ii)

and substituted ‘‘a health profession’’ for ‘‘medicine,

osteopathy, dentistry, or other health profession’’, and

struck out former cl. (ii) which read as follows: ‘‘completed an approved graduate training program in medicine, osteopathy, dentistry, or other health profession

in a State, except that the Secretary may waive the

completion requirement of this clause for good cause;

and’’.

Subsec. (b)(2) to (4). Pub. L. 102–573, §106(a)(2)(C), inserted ‘‘and’’ at end of par. (2)(D), added par. (3), and

struck out former pars. (3) and (4) which read as follows:

‘‘(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) of this section) 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.’’

Subsec. (d)(1). Pub. L. 102–573, §106(b)(1), substituted

‘‘Consistent with paragraph (3), the’’ for ‘‘The’’.

Subsec. (d)(1)(A). Pub. L. 102–573, §902(2)(C), substituted ‘‘Indian health’’ for ‘‘Indian Health’’.

Subsec. (d)(3). Pub. L. 102–573, §106(b)(2), added par.

(3).

Subsec. (e)(1). Pub. L. 102–573, §106(c), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: ‘‘An individual becomes a participant in the Loan

Repayment Program only on the Secretary’s approval

of the individual’s application submitted under subsection (b)(3) of this section and the Secretary’s acceptance of the contract submitted by the individual under

subsection (b)(4) of this section.’’

Subsec. (e)(2)(A). Pub. L. 102–573, §106(d), inserted

‘‘, including extensions resulting in an aggregate period of obligated service in excess of 4 years’’ before

‘‘; or’’.

Subsec. (g)(1). Pub. L. 102–573, §106(e), in introductory

provisions, substituted ‘‘loans received by the individual regarding the undergraduate or graduate education

of the individual (or both), which loans were made for’’

for ‘‘loans received by the individual for’’.

Subsec. (g)(2)(A). Pub. L. 102–573, §106(f), amended

subpar. (A) generally. Prior to amendment, subpar. (A)

read as follows: ‘‘Except as provided in subparagraph

(B) and paragraph (3), for each year of obligated service

for which an individual contracts to serve under subsection (f) of this section, the Secretary may pay up to

$25,000 on behalf of the individual for loans described in

paragraph (1).’’

Subsec. (g)(3). Pub. L. 102–573, §106(g)(1), amended par.

(3) generally. Prior to amendment, par. (3) read as follows: ‘‘In addition to payments made under paragraph

(2), in any case in which payments on behalf of an individual under the Loan Repayment Program result in an

increase in Federal, State, or local income tax liability

for such individual, the Secretary may, on the request

of such individual, make payments to such individual

in a reasonable amount, as determined by the Secretary, to reimburse such individual for all or part of

the increased tax liability of the individual.’’

Subsec. (i). Pub. L. 102–573, §902(2)(D), substituted

‘‘health professional programs of the Service’’ for

‘‘Service manpower programs’’.

Subsec. (k). Pub. L. 102–573, §106(h), amended subsec.

(k) generally. Prior to amendment, subsec. (k) read as

follows: ‘‘The Secretary shall ensure that the staffing

needs of Indian health programs administered by any

Indian tribe or tribal or Indian organization receive

consideration on an equal basis with programs that are

administered directly by the Service.’’

Subsec. (n). Pub. L. 102–573, §106(i), amended subsec.

(n) generally. Prior to amendment, subsec. (n) consisted of pars. (1) and (2) requiring submission of annual

reports to Congress by the first of March and the first

of July of each year.

Subsec. (o). Pub. L. 102–573, §117(b)(3), struck out subsec. (o) which read as follows: ‘‘There are authorized to

be appropriated such sums as may be necessary for

each fiscal year to carry out the provisions of this section.’’

EFFECTIVE DATE OF 1992 AMENDMENT

Section 106(g)(2) of Pub. L. 102–573 provided that:

‘‘The amendment made by paragraph (1) [amending this

section] shall apply only with respect to contracts

under section 108 of the Indian Health Care Improvement Act [this section] entered into on or after the

date of enactment of this Act [Oct. 29, 1992].’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1613a, 1616a–1,

1616b, 1616c, 1616d, 1616j, 1616k, 1616m, 1621h, 1671 of this

title.

§ 1616a–1. Scholarship and Loan Repayment Recovery Fund

(a) Establishment

There is established in the Treasury of the

United States a fund to be known as the Indian

Health Scholarship and Loan Repayment Recovery Fund (hereafter in this section referred to as

the ‘‘Fund’’). The Fund shall consist of such

amounts as may be appropriated to the Fund

under subsection (b) of this section. Amounts

appropriated for the Fund shall remain available

until expended.

(b) Authorization of appropriations

For each fiscal year, there is authorized to be

appropriated to the Fund an amount equal to

the sum of—
Page 433 TITLE 25—INDIANS § 1616c

1So in original. Probably should be ‘‘to such’’.

(1) the amount collected during the preceding fiscal year by the Federal Government

pursuant to—

(A) the liability of individuals under subparagraph (A) or (B) of section 1613a(b)(5) of

this title for the breach of contracts entered

into under section 1613a of this title; and

(B) the liability of individuals under section 1616a(l) of this title for the breach of

contracts entered into under section 1616a of

this title; and

(2) the aggregate amount of interest accruing during the preceding fiscal year on obligations held in the Fund pursuant to subsection

(d) of this section and the amount of proceeds

from the sale or redemption of such obligations during such fiscal year.

(c) Use of funds

(1) Amounts in the Fund and available pursuant to appropriation Acts may be expended by

the Secretary, acting through the Service, to

make payments to an Indian tribe or tribal organization administering a health care program

pursuant to a contract entered into under the

Indian Self-Determination Act [25 U.S.C. 450f et

seq.]—

(A) to which a scholarship recipient under

section 1613a of this title or a loan repayment

program participant under section 1616a of

this title has been assigned to meet the obligated service requirements pursuant to 1 sections; and

(B) that has a need for a health professional

to provide health care services as a result of

such recipient or participant having breached

the contract entered into under section 1613a

of this title or section 1616a of this title.

(2) An Indian tribe or tribal organization receiving payments pursuant to paragraph (1) may

expend the payments to recruit and employ, directly or by contract, health professionals to

provide health care services.

(d) Investment of excess funds

(1) 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) Any obligation acquired by the Fund may

be sold by the Secretary of the Treasury at the

market price.

(Pub. L. 94–437, title I, §108A, as added Pub. L.

102–573, title I, §110, Oct. 29, 1992, 106 Stat. 4538.)

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in

subsec. (c)(1), 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.

§ 1616b. Recruitment activities

(a) The Secretary may reimburse health professionals seeking positions in the Service, including individuals considering entering into a

contract under section 1616a of this title, and

their spouses, for actual and reasonable expenses incurred in traveling to and from their

places of residence to an area in which they may

be assigned for the purpose of evaluating such

area with respect to such assignment.

(b) The Secretary, acting through the Service,

shall assign one individual in each area office to

be responsible on a full-time basis for recruitment activities.

(Pub. L. 94–437, title I, §109, as added Pub. L.

100–713, title I, §108, Nov. 23, 1988, 102 Stat. 4794;

amended Pub. L. 102–573, title I, §107, Oct. 29,

1992, 106 Stat. 4538.)

AMENDMENTS

1992—Pub. L. 102–573, §107(1), substituted ‘‘Recruitment activities’’ for ‘‘Travel expenses for recruitment’’

in section catchline.

Subsec. (b). Pub. L. 102–573, §107(2), amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as

follows: ‘‘There are authorized to be appropriated

$100,000 for each of the fiscal years 1990, 1991, and 1992,

for the purpose of carrying out the provisions of this

section.’’

§ 1616c. Tribal recruitment and retention program

(a) Projects funded on competitive basis

The Secretary, acting through the Service,

shall fund, on a competitive basis, projects to

enable Indian tribes and tribal and Indian organizations to recruit, place, and retain health

professionals to meet the staffing needs of Indian health programs (as defined in section

1616a(a)(2) of this title).

(b) Eligibility

(1) Any Indian tribe or tribal or Indian organization may submit an application for funding of

a project pursuant to this section.

(2) Indian tribes and tribal and Indian organizations under the authority of the Indian SelfDetermination Act [25 U.S.C. 450f et seq.] shall

be given an equal opportunity with programs

that are administered directly by the Service to

compete for, and receive, grants under subsection (a) of this section for such projects.

(Pub. L. 94–437, title I, §110, as added Pub. L.

100–713, title I, §108, Nov. 23, 1988, 102 Stat. 4794;

amended Pub. L. 102–573, title I, §117(b)(4), Oct.

29, 1992, 106 Stat. 4544.)

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in

subsec. (b)(2), 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—Subsec. (c). Pub. L. 102–573 struck out subsec.

(c) which authorized appropriations for fiscal years 1990

to 1992.