§ 1616d. — Advanced training and research.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1616d]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER I--INDIAN HEALTH PROFESSIONAL PERSONNEL
Sec. 1616d. Advanced training and research
(a) Establishment of program
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) Obligated service
An individual who participates in a program under subsection (a) of
this section, 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) Eligibility
Health professionals from 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 to
participate in the program under subsection (a) of this section.
(Pub. L. 94-437, title I, Sec. 111, as added Pub. L. 100-713, title I,
Sec. 108, Nov. 23, 1988, 102 Stat. 4795; amended Pub. L. 102-573, title
I, Sec. 108, Oct. 29, 1992, 106 Stat. 4538; Pub. L. 103-435, Sec. 16(a),
Nov. 2, 1994, 108 Stat. 4573.)
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, 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.
Amendments
1994--Subsec. (a). Pub. L. 103-435, Sec. 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, Sec. 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, Sec. 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, Sec. 108(2), struck out subsec. (d)
which directed Secretary to prescribe regulations to carry out this
section.