§1616j — Title 25 Indians | U.S. Code

Summary

The Secretary can pay a retention bonus to doctors and nurses who serve in the Public Health Service, whether they are civilian staff or commissioned officers. To get the bonus, the worker must be in a job on the list under section 1616i(b)(1) that is hard to fill, be needed by the Service, have finished 3 years of Service or completed any required federal scholarship or loan service, and sign an agreement to stay at least 1 more year. Starting in fiscal year 1993, at least 25 percent of the bonuses each year must go to nurses. The Secretary sets bonus rates, with higher annual pay for multiyear deals than for one-year deals, but no more than $25,000 per year. The full bonus is paid at the start of the agreed term. If someone leaves early for a reason that is their fault, they must repay the full bonus plus interest as set by the Secretary under section 1616a(l)(2)(B). The Secretary may also pay these bonuses to doctors and nurses working for Indian health care organizations under the Indian Self-Determination Act if the job is hard to fill and necessary for Indian health services.

Title 25, §1616j

Indians — Source: USLM XML via OLRC

(a)The Secretary may pay a retention bonus to any physician or nurse employed by, or assigned to, and serving in, the Service either as a civilian employee or as a commissioned officer in the Regular or Reserve Corps 11 See Change of Name note below. of the Public Health Service who—

(1)is assigned to, and serving in, a position included in the list established under section 1616i(b)(1) of this title for which recruitment or retention of personnel is difficult,

(2)the Secretary determines is needed by the Service,

(3)has—

(A)completed 3 years of employment with the Service, or

(B)completed any service obligations incurred as a requirement of—

(i)any Federal scholarship program, or

(ii)any Federal education loan repayment program, and

(4)enters into an agreement with the Service for continued employment for a period of not less than 1 year.

(b)Beginning with fiscal year 1993, not less than 25 percent of the retention bonuses awarded each year under subsection (a) shall be awarded to nurses.

(c)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), but in no event shall the annual rate be more than $25,000 per annum.

(d)The retention bonus for the entire period covered by the agreement described in subsection (a)(4) shall be paid at the beginning of the agreed upon term of service.

(e)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)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. 5321 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.

Notes & Related Subsidiaries

Editorial Notes

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, 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

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.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.

§1616j Retention Bonus