dreamproit/uscode huggingface dataset:
25 U.S.C. § 1615 (INDIANS)
§ 1615. Continuing education allowances
In order to encourage scholarship and stipend recipients under sections 1613a, 1614, and 1616h of this title and health professionals, including community health representatives and emergency medical technicians, to join or continue in an Indian health program and to provide services in the rural and remote areas in which a significant portion of Indians reside, the Secretary, acting through the Service, may—
(1) provide programs or allowances to transition into an Indian health program, including licensing, board or certification examination assistance, and technical assistance in fulfilling service obligations under sections 1613a, 1614, and 1616h of this title; and
(2) provide programs or allowances to health professionals employed in an Indian health program to enable those professionals, for a period of time each year prescribed by regulation of the Secretary, to take leave of the duty stations of the professionals for professional consultation, management, leadership, and refresher training courses.
(Pub. L. 94–437, title I, § 106, Sept. 30, 1976, 90 Stat. 1404; Pub. L. 100–713, title I, § 105, Nov. 23, 1988, 102 Stat. 4787; Pub. L. 102–573, title I, §§ 104(a), 115, Oct. 29, 1992, 106 Stat. 4533, 4543; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
heading: Codification
text: Amendment by Pub. L. 111–148 is based on section 134(c) of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.
heading: Amendments
text: 2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to discretionary allowances to health professionals employed in the Service to take leave for professional consultation and refresher training courses and included a limitation on use of appropriations to establish postdoctoral training programs for health professionals.
1992—Subsec. (a). Pub. L. 102–573, § 104(a), inserted “nurses,” after “physicians, dentists,”.
Subsec. (b). Pub. L. 102–573, § 115, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “There are authorized to be appropriated for the purpose of carrying out the provisions of this section—
“(1) $500,000 for fiscal year 1989,
“(2) $526,300 for fiscal year 1990,
“(3) $553,800 for fiscal year 1991, and
“(4) $582,500 for fiscal year 1992.”
1988—Subsec. (b). Pub. L. 100–713 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “There are authorized to be appropriated for the purpose of this section: $100,000 for fiscal year 1978, $200,000 for fiscal year 1979, and $250,000 for fiscal year 1980. For fiscal years 1981, 1982, 1983, and 1984 there are authorized to be appropriated for the purpose of this section such sums as may be specifically authorized by an Act enacted after this chapter.”
25 U.S.C. § 1616 (INDIANS)
§ 1616. Community Health Representative Program
(a) Under the authority of section 13 of this title, the Secretary shall maintain a Community Health Representative Program under which the Service—
(1) provides for the training of Indians as health paraprofessionals, and
(2) uses such paraprofessionals in the provision of health care, health promotion, and disease prevention services to Indian communities.
(b) The Secretary, acting through the Community Health Representative Program of the Service, shall—
(1) provide a high standard of training for paraprofessionals to Community Health Representatives to ensure that the Community Health Representatives provide quality health care, health promotion, and disease prevention services to the Indian communities served by such Program,
(2) in order to provide such training, develop and maintain a curriculum that—
(A) combines education in the theory of health care with supervised practical experience in the provision of health care, and
(B) provides instruction and practical experience in health promotion and disease prevention activities, with appropriate consideration given to lifestyle factors that have an impact on Indian health status, such as alcoholism, family dysfunction, and poverty,
(3) maintain a system which identifies the needs of Community Health Representatives for continuing education in health care, health promotion, and disease prevention and maintain programs that meet the needs for such continuing education,
(4) maintain a system that provides close supervision of Community Health Representatives,
(5) maintain a system under which the work of Community Health Representatives is reviewed and evaluated, and
(6) promote traditional health care practices of the Indian tribes served consistent with the Service standards for the provision of health care, health promotion, and disease prevention.
(Pub. L. 94–437, title I, § 107, as added Pub. L. 100–713, title I, § 107, Nov. 23, 1988, 102 Stat. 4788; amended Pub. L. 102–573, title I, § 105, Oct. 29, 1992, 106 Stat. 4535.)
heading: Amendments
text: 1992—Subsec. (b)(2). Pub. L. 102–573, § 105(1), inserted “and maintain” in introductory provisions.
Subsec. (b)(2)(B). Pub. L. 102–573, § 105(2), inserted at end “with appropriate consideration given to lifestyle factors that have an impact on Indian health status, such as alcoholism, family dysfunction, and poverty,”.
Subsec. (b)(3). Pub. L. 102–573, § 105(3), substituted “maintain” for “develop” in two places.
Subsec. (b)(4). Pub. L. 102–573, § 105(4), struck out “develop and” before “maintain”.
Subsec. (b)(5). Pub. L. 102–573, § 105(3), substituted “maintain” for “develop”.
25 U.S.C. § 1616b (INDIANS)
§ 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.)
heading: Amendments
text: 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.”
25 U.S.C. § 1616c (INDIANS)
§ 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 Self-Determination 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.)
heading: References in Text
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.
heading: Amendments
text: 1992—Subsec. (c). Pub. L. 102–573 struck out subsec. (c) which authorized appropriations for fiscal years 1990 to 1992.
25 U.S.C. § 1616e–1 (INDIANS)
§ 1616e–1. Nursing school clinics
(a) Grants
In addition to the authority of the Secretary under section 1616e(a)(1) of this title, the Secretary, acting through the Service, is authorized to provide grants to public or private schools of nursing for the purpose of establishing, developing, operating, and administering clinics to address the health care needs of Indians, and to provide primary health care services to Indians who reside on or within 50 miles of Indian country, as defined in section 1151 of title 18.
(b) Purposes
Grants provided under subsection (a) of this section may be used to—
(1) establish clinics, to be run and staffed by the faculty and students of a grantee school, to provide primary care services in areas in or within 50 miles of Indian country (as defined in section 1151 of title 18);
(2) provide clinical training, program development, faculty enhancement, and student scholarships in a manner that would benefit such clinics; and
(3) carry out any other activities determined appropriate by the Secretary.
(c) Amount and conditions
The Secretary may award grants under this section in such amounts and subject to such conditions as the Secretary deems appropriate.
(d) Design
The clinics established under this section shall be designed to provide nursing students with a structured clinical experience that is similar in nature to that provided by residency training programs for physicians.
(e) Regulations
The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section.
(f) Authorization to use amounts
Out of amounts appropriated to carry out this subchapter for each of the fiscal years 1993 through 2000 not more than $5,000,000 may be used to carry out this section.
(Pub. L. 94–437, title I, § 112A, as added Pub. L. 102–573, title I, § 104(f), Oct. 29, 1992, 106 Stat. 4534.)
25 U.S.C. § 1616f (INDIANS)
§ 1616f. Tribal culture and history
(a) Program established
The Secretary, acting through the Service, shall establish a program under which appropriate employees of the Service who serve particular Indian tribes shall receive educational instruction in the history and culture of such tribes and in the history of the Service.
(b) Tribally controlled institutions
To the extent feasible, the program established under subsection (a) of this section shall—
(1) be carried out through tribally controlled colleges or universities (within the meaning of section 1801(a)(4) of this title) and tribally controlled postsecondary vocational institutions (as defined in section 2397h(2) 1 of title 20),
(2) be developed in consultation with the affected tribal government, and
(3) include instruction in Native American studies.
(Pub. L. 94–437, title I, § 113, as added Pub. L. 100–713, title I, § 109, Nov. 23, 1988, 102 Stat. 4796; amended Pub. L. 102–573, title I, §§ 114(b), 117(b)(5), Oct. 29, 1992, 106 Stat. 4543, 4544; Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 110–315, title IX, § 941(k)(2)(I)(i), Aug. 14, 2008, 122 Stat. 3467.)
heading: References in Text
text: Section 2397h of title 20, referred to in subsec. (b)(1), was omitted in the general amendment of chapter 44 (§ 2301 et seq.) of Title 20, Education, by Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3076.
heading: Amendments
text: 2008—Subsec. (b)(1). Pub. L. 110–315 substituted “tribally controlled colleges or universities (within the meaning of section 1801(a)(4) of this title)” for “tribally-controlled community colleges (within the meaning of section 1801(4) of this title)”.
1998—Subsec. (b)(1). Pub. L. 105–244 made technical amendment to reference in original act which appears in text as reference to section 1801(4) of this title.
1992—Subsec. (b)(1). Pub. L. 102–573, § 114(b), inserted before comma at end “and tribally controlled postsecondary vocational institutions (as defined in section 2397h(2) of title 20)”.
Subsec. (c). Pub. L. 102–573, § 117(b)(5), struck out subsec. (c) which authorized appropriations for fiscal years 1990 to 1992.
heading: Effective Date of 1998 Amendment
text: Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.
25 U.S.C. § 1616g (INDIANS)
§ 1616g. INMED program
(a) Grants
The Secretary is authorized to provide grants to at least 3 colleges and universities for the purpose of maintaining and expanding the Native American health careers recruitment program known as the “Indians into Medicine Program” (hereinafter in this section referred to as “INMED”) as a means of encouraging Indians to enter the health professions.
(b) University of North Dakota
The Secretary shall provide one of the grants authorized under subsection (a) of this section to maintain the INMED program at the University of North Dakota, to be known as the “Quentin N. Burdick Indian Health Programs”, unless the Secretary makes a determination, based upon program reviews, that the program is not meeting the purposes of this section. Such program shall, to the maximum extent feasible, coordinate with the Quentin N. Burdick American Indians Into Psychology Program established under section 1621p(b) of this title and the Quentin N. Burdick American Indians Into Nursing Program established under section 1616e(e) of this title.
(c) Regulations; contents of recruitment program
(1) The Secretary shall develop regulations for the competitive awarding of the grants provided under this section.
(2) Applicants for grants provided under this section shall agree to provide a program which—
(A) provides outreach and recruitment for health professions to Indian communities including elementary, secondary and community colleges located on Indian reservations which will be served by the program,
(B) incorporates a program advisory board comprised of representatives from the tribes and communities which will be served by the program,
(C) provides summer preparatory programs for Indian students who need enrichment in the subjects of math and science in order to pursue training in the health professions,
(D) provides tutoring, counseling and support to students who are enrolled in a health career program of study at the respective college or university, and
(E) to the maximum extent feasible, employs qualified Indians in the program.
(d) Report to Congress
By no later than the date that is 3 years after November 23, 1988, the Secretary shall submit a report to the Congress on the program established under this section including recommendations for expansion or changes to the program.
(Pub. L. 94–437, title I, § 114, as added Pub. L. 100–713, title I, § 109, Nov. 23, 1988, 102 Stat. 4796; amended Pub. L. 102–573, title I, §§ 109, 117(b)(6), Oct. 29, 1992, 106 Stat. 4538, 4544.)
heading: Amendments
text: 1992—Subsec. (b). Pub. L. 102–573, § 109, inserted “to be known as the ‘Quentin N. Burdick Indian Health Programs’,” after “North Dakota,” and “Such program shall, to the maximum extent feasible, coordinate with the Quentin N. Burdick American Indians Into Psychology Program established under section 1621p(b) of this title and the Quentin N. Burdick American Indians Into Nursing Program established under section 1616e(e) of this title.” at end.
Subsec. (e). Pub. L. 102–573, § 117(b)(6), struck out subsec. (e) which authorized appropriations for fiscal years 1990 to 1992.
25 U.S.C. § 1616i (INDIANS)
§ 1616i. Additional incentives for health professionals
(a) Incentive special pay
The Secretary may provide the incentive special pay authorized under section 302(b) of title 37 to civilian medical officers of the Indian Health Service who are assigned to, and serving in, positions included in the list established under subsection (b)(1) of this section for which recruitment or retention of personnel is difficult.
(b) List of positions; bonus pay
(1) The Secretary shall establish and update on an annual basis a list of positions of health care professionals employed by, or assigned to, the Service for which recruitment or retention is difficult.
(2)
(A) The Secretary may pay a bonus to any commissioned officer or civil service employee, other than a commissioned medical officer, dental officer, optometrist, and veterinarian, who is employed in or assigned to, and serving in, a position in the Service included in the list established by the Secretary under paragraph (1).
(B) The total amount of bonus payments made by the Secretary under this paragraph to any employee during any 1-year period shall not exceed $2,000.
(c) Work schedules
The Secretary may establish programs to allow the use of flexible work schedules, and compressed work schedules, in accordance with the provisions of subchapter II of chapter 61 of title 5, for health professionals employed by, or assigned to, the Service.
(Pub. L. 94–437, title I, § 116, as added Pub. L. 100–713, title I, § 109, Nov. 23, 1988, 102 Stat. 4798; amended Pub. L. 102–573, title I, § 117(b)(8), title IX, § 901(1), Oct. 29, 1992, 106 Stat. 4544, 4590.)
heading: Amendments
text: 1992—Subsec. (d). Pub. L. 102–573, § 901(1), struck out subsec. (d) which required a report to Congress by the Secretary no later than 6 months after Nov. 23, 1988, relating to overtime pay for individuals employed by the Service.
Subsec. (e). Pub. L. 102–573, § 117(b)(8), struck out subsec. (e) which authorized appropriations for fiscal years 1990 to 1992.
25 U.S.C. § 1616k (INDIANS)
§ 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.)
heading: Amendments
text: 1994—Subsec. (b). Pub. L. 103–435 inserted before period at end “or a Master’s degree”.
25 U.S.C. § 1616n (INDIANS)
§ 1616n. Tribal health program administration
The Secretary shall, by contract or otherwise, provide training for individuals in the administration and planning of tribal health programs.
(Pub. L. 94–437, title I, § 121, as added Pub. L. 102–573, title I, § 113, Oct. 29, 1992, 106 Stat. 4542.)
25 U.S.C. § 1616o (INDIANS)
§ 1616o. University of South Dakota pilot program
(a) Establishment
The Secretary may make a grant to the School of Medicine of the University of South Dakota (hereafter in this section referred to as “USDSM”) to establish a pilot program on an Indian reservation at one or more service units in South Dakota to address the chronic manpower shortage in the Aberdeen Area of the Service.
(b) Purposes
The purposes of the program established pursuant to a grant provided under subsection (a) of this section are—
(1) to provide direct clinical and practical experience at a service unit to medical students and residents from USDSM and other medical schools;
(2) to improve the quality of health care for Indians by assuring access to qualified health care professionals; and
(3) to provide academic and scholarly opportunities for physicians, physician assistants, nurse practitioners, nurses, and other allied health professionals serving Indian people by identifying and utilizing all academic and scholarly resources of the region.
(c) Composition; designation
The pilot program established pursuant to a grant provided under subsection (a) of this section shall—
(1) incorporate a program advisory board composed of representatives from the tribes and communities in the area which will be served by the program; and
(2) shall be designated as an extension of the USDSM campus and program participants shall be under the direct supervision and instruction of qualified medical staff serving at the service unit who shall be members of the USDSM faculty.
(d) Coordination with other schools
The USDSM shall coordinate the program established pursuant to a grant provided under subsection (a) of this section with other medical schools in the region, nursing schools, tribal community colleges, and other health professional schools.
(e) Development of additional professional opportunities
The USDSM, in cooperation with the Service, shall develop additional professional opportunities for program participants on Indian reservations in order to improve the recruitment and retention of qualified health professionals in the Aberdeen Area of the Service.
(Pub. L. 94–437, title I, § 122, as added Pub. L. 102–573, title I, § 116, Oct. 29, 1992, 106 Stat. 4543.)