§ 1613a. — Indian health professions scholarships.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1613a]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER I--INDIAN HEALTH PROFESSIONAL PERSONNEL
Sec. 1613a. Indian health professions scholarships
(a) General authority
In order to provide health professionals to Indians, Indian tribes,
tribal organizations, and urban Indian organizations, the Secretary,
acting through the Service and in accordance with this section, shall
make scholarship grants to Indians who are enrolled full or part time in
appropriately accredited schools and pursuing courses of study in the
health professions. Such scholarships shall be designated Indian Health
Scholarships and shall be made in accordance with section 254l of title
42, except as provided in subsection (b) of this section.
(b) Recipients; active duty service obligation
(1) The Secretary, acting through the Service, shall determine who
shall receive scholarships under subsection (a) of this section and
shall determine the distribution of such scholarships among such health
professions on the basis of the relative needs of Indians for additional
service in such health professions.
(2) An individual shall be eligible for a scholarship under
subsection (a) of this section in any year in which such individual is
enrolled full or part time in a course of study referred to in
subsection (a) of this section.
(3)(A) The active duty service obligation under a written contract
with the Secretary under section 254l of title 42 that an individual has
entered into under that section shall, if that individual is a recipient
of an Indian Health Scholarship, be met in full-time practice, by
service--
(i) in the Indian Health Service;
(ii) in a program conducted under a contract entered into under
the Indian Self-Determination Act [25 U.S.C. 450f et seq.];
(iii) in a program assisted under subchapter IV of this chapter;
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\1\ So in original. Probably should be followed by ``or''.
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(iv) in the private practice of the applicable profession if, as
determined by the Secretary, in accordance with guidelines
promulgated by the Secretary, such practice is situated in a
physician or other health professional shortage area and addresses
the health care needs of a substantial number of Indians; or \2\
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\2\ So in original. The ``; or'' probably should be a period.
(B) At the request of any individual who has entered into a contract
referred to in subparagraph (A) and who receives a degree in medicine
(including osteopathic or allopathic medicine), dentistry, optometry,
podiatry, or pharmacy, the Secretary shall defer the active duty service
obligation of that individual under that contract, in order that such
individual may complete any internship, residency, or other advanced
clinical training that is required for the practice of that health
profession, for an appropriate period (in years, as determined by the
Secretary), subject to the following conditions:
(i) No period of internship, residency, or other advanced
clinical training shall be counted as satisfying any period of
obligated service that is required under this section.
(ii) The active duty service obligation of that individual shall
commence not later than 90 days after the completion of that
advanced clinical training (or by a date specified by the
Secretary).
(iii) The active duty service obligation will be served in the
health profession of that individual, in a manner consistent with
clauses (i) through (v) of subparagraph (A).
(C) A recipient of an Indian Health Scholarship may, at the election
of the recipient, meet the active duty service obligation described in
subparagraph (A) by service in a program specified in that subparagraph
that--
(i) is located on the reservation of the tribe in which the
recipient is enrolled; or
(ii) serves the tribe in which the recipient is enrolled.
(D) Subject to subparagraph (C), the Secretary, in making
assignments of Indian Health Scholarship recipients required to meet the
active duty service obligation described in subparagraph (A), shall give
priority to assigning individuals to service in those programs specified
in subparagraph (A) that have a need for health professionals to provide
health care services as a result of individuals having breached
contracts entered into under this section.
(4) In the case of an individual receiving a scholarship under this
section who is enrolled part time in an approved course of study--
(A) such scholarship shall be for a period of years not to
exceed the part-time equivalent of 4 years, as determined by the
Secretary;
(B) the period of obligated service described in paragraph
(3)(A) shall be equal to the greater of--
(i) the part-time equivalent of one year for each year for
which the individual was provided a scholarship (as determined
by the Secretary); or
(ii) two years; and
(C) the amount of the monthly stipend specified in section
254l(g)(1)(B) of title 42 shall be reduced pro rata (as determined
by the Secretary) based on the number of hours such student is
enrolled.
(5)(A) An individual who has, on or after October 29, 1992, entered
into a written contract with the Secretary under this section and who--
(i) fails to maintain an acceptable level of academic standing
in the educational institution in which he is enrolled (such level
determined by the educational institution under regulations of the
Secretary),
(ii) is dismissed from such educational institution for
disciplinary reasons,
(iii) voluntarily terminates the training in such an educational
institution for which he is provided a scholarship under such
contract before the completion of such training, or
(iv) fails to accept payment, or instructs the educational
institution in which he is enrolled not to accept payment, in whole
or in part, of a scholarship under such contract,
in lieu of any service obligation arising under such contract, shall be
liable to the United States for the amount which has been paid to him,
or on his behalf, under the contract.
(B) If for any reason not specified in subparagraph (A) an
individual breaches his written contract by failing either to begin such
individual's service obligation under this section or to complete such
service obligation, the United States shall be entitled to recover from
the 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.
(C) Upon the death of an individual who receives an Indian Health
Scholarship, any obligation of that individual for service or payment
that relates to that scholarship shall be canceled.
(D) The Secretary shall provide for the partial or total waiver or
suspension of any obligation of service or payment of a recipient of an
Indian Health Scholarship if the Secretary determines that--
(i) it is not possible for the recipient to meet that obligation
or make that payment;
(ii) requiring that recipient to meet that obligation or make
that payment would result in extreme hardship to the recipient; or
(iii) the enforcement of the requirement to meet the obligation
or make the payment would be unconscionable.
(E) Notwithstanding any other provision of law, in any case of
extreme hardship or for other good cause shown, the Secretary may waive,
in whole or in part, the right of the United States to recover funds
made available under this section.
(F) Notwithstanding any other provision of law, with respect to a
recipient of an Indian Health Scholarship, no obligation for payment may
be released by a discharge in bankruptcy under title 11, unless that
discharge is granted after the expiration of the 5-year period beginning
on the initial date on which that payment is due, and only if the
bankruptcy court finds that the nondischarge of the obligation would be
unconscionable.
(c) Placement Office
The Secretary shall, acting through the Service, establish a
Placement Office to develop and implement a national policy for the
placement, to available vacancies within the Service, of Indian Health
Scholarship recipients required to meet the active duty service
obligation prescribed under section 254m of title 42 without regard to
any competitive personnel system, agency personnel limitation, or Indian
preference policy.
(Pub. L. 94-437, title I, Sec. 104, as added Pub. L. 100-713, title I,
Sec. 104(a), Nov. 23, 1988, 102 Stat. 4786; amended Pub. L. 102-573,
title I, Secs. 102(c), 103, Oct. 29, 1992, 106 Stat. 4531, 4532; Pub. L.
104-313, Sec. 2(b), Oct. 19, 1996, 110 Stat. 3820.)
References in Text
The Indian Self-Determination Act, referred to in subsec.
(b)(3)(A)(ii), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat.
2206, as amended, which is classified principally to part A (Sec. 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.
Prior Provisions
A prior section 104 of Pub. L. 94-437, title I, Sept. 30, 1976, 90
Stat. 1403, amended former section 234 of Title 42, The Public Health
and Welfare.
Amendments
1996--Subsec. (b)(3)(A). Pub. L. 104-313, Sec. 2(b)(1)(A),
substituted ``The active duty service obligation under a written
contract with the Secretary under section 254l of title 42 that an
individual has entered into under that section shall, if that individual
is a recipient of an Indian Health Scholarship, be met in full-time
practice, by service--'' for ``The active duty service obligation
prescribed under section 254m of title 42 shall be met by a recipient of
an Indian Health Scholarship by service--'' in introductory provisions,
struck out ``or'' at end of cl. (iii), and substituted ``; or'' for
period at end of cl. (iv).
Subsec. (b)(3)(B). Pub. L. 104-313, Sec. 2(b)(1)(C), added subpar.
(B). Former subpar. (B) redesignated (C).
Subsec. (b)(3)(C). Pub. L. 104-313, Sec. 2(b)(1)(D), substituted
``described in subparagraph (A) by service in a program specified in
that subparagraph'' for ``prescribed under section 254m of title 42 by
service in a program specified in subparagraph (A)''.
Pub. L. 104-313, Sec. 2(b)(1)(B), redesignated subpar. (B) as (C).
Former subpar. (C) redesignated (D).
Subsec. (b)(3)(D). Pub. L. 104-313, Sec. 2(b)(1)(E), substituted
``Subject to subparagraph (C),'' for ``Subject to subparagraph (B),''
and ``described in subparagraph (A)'' for ``prescribed under section
254m of title 42''.
Pub. L. 104-313, Sec. 2(b)(1)(B), redesignated subpar. (C) as (D).
Subsec. (b)(4)(B). Pub. L. 104-313, Sec. 2(b)(2)(A), substituted
``the period of obligated service described in paragraph (3)(A) shall be
equal to the greater of--'' for ``the period of obligated service
specified in section 254l(f)(1)(B)(iv) of title 42 shall be equal to the
greater of--'' in introductory provisions.
Subsec. (b)(4)(C). Pub. L. 104-313, Sec. 2(b)(2)(B), made technical
amendment to reference in original act which appears in text as
reference to section 254l(g)(1)(B) of title 42.
Subsec. (b)(5)(C) to (F). Pub. L. 104-313, Sec. 2(b)(3), added
subpars. (C) to (F).
1992--Subsec. (a). Pub. L. 102-573, Sec. 102(c)(1)(C), substituted
``accredited schools and pursuing courses of study in the health
professions'' for ``accredited schools of medicine, osteopathy,
podiatry, psychology, dentistry, environmental health and engineering,
nursing, optometry, public health, allied health professions, and social
work''.
Pub. L. 102-573, Sec. 102(c)(1)(A), (B), substituted ``Indians,
Indian tribes, tribal organizations, and urban Indian organizations''
for ``Indian communities'' and ``full or part time'' for ``full time''.
Subsec. (b)(2). Pub. L. 102-573, Sec. 102(c)(2)(A), substituted
``full or part time'' for ``full time'' and ``course of study'' for
``health profession school''.
Subsec. (b)(3). Pub. L. 102-573, Sec. 102(c)(2)(B), designated
existing provisions as subpar. (A), redesignated former subpars. (A) to
(D) as cls. (i) to (iv), respectively, and added subpars. (B) and (C).
Subsec. (b)(4). Pub. L. 102-573, Sec. 102(c)(2)(C), added par. (4).
Subsec. (b)(5). Pub. L. 102-573, Sec. 103, added par. (5).
Subsec. (c). Pub. L. 102-573, Sec. 102(c)(3), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``For
purposes of this section, the term `Indian' has the same meaning given
that term by subsection (c) of section 1603 of this title, including all
individuals described in clauses (1) through (4) of that subsection.''
Subsec. (d). Pub. L. 102-573, Sec. 102(c)(4), struck out subsec. (d)
which authorized appropriations for fiscal years 1989 to 1992.
Effective Date of 1992 Amendment
Section 102(d) of Pub. L. 102-573 provided that: ``The amendments
made by subsection (c)(1)(C) and subsection (c)(2)(B) [amending this
section] shall apply with respect to scholarships granted under section
104 of the Indian Health Care Improvement Act [this section] after the
date of the enactment of this Act [Oct. 29, 1992].''
Section Referred to in Other Sections
This section is referred to in sections 1614, 1616a, 1616a-1, 1616m
of this title.
