§1616d — Title 25 Indians | U.S. Code

Summary

The Secretary, through the Indian Health Service (IHS), must create a program so health workers can get advanced training or do research in needed areas. People who already work for IHS, Indian tribes, tribal organizations, or urban Indian organizations when they apply must get priority for spots. If IHS pays someone’s training costs, that person must work in an Indian health program for at least the same amount of time they trained. If they do not finish that work time, they must pay the United States for the time left. For people who entered after October 29, 1992, the amount is set by a formula in another part of the law and collected in the same way. Health professionals working under the Indian Self-Determination Act must have an equal opportunity to join the program.

Title 25, §1616d

Indians — Source: USLM XML via OLRC

(a)The Secretary, acting through the Service, shall establish a program to enable health professionals to pursue advanced training or research in areas of study for which the Secretary determines a need exists. In selecting participants for a program established under this subsection, the Secretary, acting through the Service, shall give priority to applicants who are employed by the Indian Health Service, Indian tribes, tribal organizations, and urban Indian organizations, at the time of the submission of the applications.

(b)An individual who participates in a program under subsection (a), where the educational costs are borne by the Service, shall incur an obligation to serve in an Indian health program (as defined in section 1616a(a)(2) of this title) for a period of obligated service equal to at least 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 individual shall be liable to the United States for the period of service remaining. In such event, with respect to individuals entering the program after October 29, 1992, the United States shall be entitled to recover from such individual an amount to be determined in accordance with the formula specified in subsection (l) of section 1616a of this title in the manner provided for in such subsection.

(c)Health professionals from Indian tribes and tribal and Indian organizations under the authority of the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] shall be given an equal opportunity to participate in the program under subsection (a).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Self-Determination Act, referred to in subsec. (c), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 5301 of this title and Tables.

Amendments

1994—Subsec. (a). Pub. L. 103–435, § 16(a)(1), struck out “who have worked in an Indian health program (as defined in section 1616a(a)(2) of this title) for a substantial period of time” after “health professionals” and inserted at end “In selecting participants for a program established under this subsection, the Secretary, acting through the Service, shall give priority to applicants who are employed by the Indian Health Service, Indian tribes, tribal organizations, and urban Indian organizations, at the time of the submission of the applications.” Subsec. (b). Pub. L. 103–435, § 16(a)(2), inserted “(as defined in section 1616a(a)(2) of this title)” after “Indian health program”. 1992—Subsec. (b). Pub. L. 102–573, § 108(1), amended last sentence generally. Prior to amendment, last sentence read as follows: “The Secretary shall develop standards for appropriate recoupment for such remaining service.” Subsec. (d). Pub. L. 102–573, § 108(2), struck out subsec. (d) which directed Secretary to prescribe

Regulations

to carry out this section.

§1616d Advanced Training and Research