25 U.S.C. § 1616j: Retention bonus

Summary

The Secretary can pay a retention bonus to doctors or nurses who work for the Service, either as civilian employees or as commissioned officers, if they meet certain conditions. The job must be on a list of hard-to-fill positions, must be needed by the Service, the employee must have either finished 3 years of Service or completed any federal scholarship or loan-repayment service, and the employee must agree to stay at least 1 year. At least 25 percent of these bonuses each year must go to nurses starting in fiscal year 1993. The Secretary sets the bonus amounts, which are bigger for multiyear deals than for one-year deals, but never more than $25,000 per year. The full bonus is paid at the start of the agreed term. If someone leaves early for reasons that are their fault, they must repay the full bonus plus interest. The Secretary may also pay bonuses to doctors or nurses working for Indian Self-Determination Act contractors if the job is hard to staff and needed for Indian health care.

Title 25, §1616j

Indians, Source: USLM XML via OLRC

(a)Eligibility

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 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)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) 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), 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) 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. 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