§ 1616j. — Retention bonus.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1616j]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER I--INDIAN HEALTH PROFESSIONAL PERSONNEL
Sec. 1616j. Retention bonus
(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) of this section
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) of this section,
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) of this section 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. 450f 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.
(Pub. L. 94-437, title I, Sec. 117, as added Pub. L. 100-713, title I,
Sec. 109, Nov. 23, 1988, 102 Stat. 4799; amended Pub. L. 102-573, title
I, Sec. 104(d), Oct. 29, 1992, 106 Stat. 4533.)
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, 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
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.
Section Referred to in Other Sections
This section is referred to in section 1621h of this title.
