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Title 25 — Indians

Chapter 18 — Indian Health Care

§ 1616d. Advanced training and research

Statutory text

(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), 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 , 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. 5321 et seq.] shall be given an equal opportunity to participate in the program under subsection (a).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Indian Health Care Improvement Act

    Pub. L. 94–437 title I § 111 · 90 Stat. 1400

    Enacted · 25 U.S.C. § 1616d

    Pub. L. 94–437, title I, § 111, as added Pub. L. 100–713, title I, § 108, Nov. 23, 1988, 102 Stat. 4795

    Source evidence

    Code source credit
    Pub. L. 94–437, title I, § 111, as added Pub. L. 100–713, title I, § 108, Nov. 23, 1988, 102 Stat. 4795

  2. Indian Health Amendments of 1992

    Pub. L. 102–573 § 108(1) · 106 Stat. 4526

    Amended · 25 U.S.C. § 1616d(b)

    Pub. L. 102–573, § 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.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–573, § 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.”

    Enacted provision · exact public law section
    (1) in subsection (b), by amending the last sentence to read as follows: “In such event, with respect to individuals entering the program after the date of the enactment of the Indian Health Amendments of 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 (1) of section 108 in the manner provided for in such subsection.”; and

  3. Indian Health Amendments of 1992

    Pub. L. 102–573 § 108(2) · 106 Stat. 4526

    Struck · 25 U.S.C. § 1616d(d)

    Pub. L. 102–573, § 108(2), struck out subsec. (d) which directed Secretary to prescribe regulations to carry out this section

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–573, § 108(2), struck out subsec. (d) which directed Secretary to prescribe regulations to carry out this section.

    Enacted provision · exact public law section
    (2) by striking out subsection (d).

  4. Pub. L. 103–435 § 16(a)(1) · 108 Stat. 4566

    Struck and inserted · 25 U.S.C. § 1616d(a)

    Pub. L. 103–435, § 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.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–435, § 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.”

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking “who have worked in an Indian health program (as defined in section 108(a)(2)) for a substantial period of time”; and (B) by adding at the end the following new sentence: “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.”; and

  5. Pub. L. 103–435 § 16(a)(2) · 108 Stat. 4566

    Inserted · 25 U.S.C. § 1616d(b)

    Pub. L. 103–435, § 16(a)(2), inserted “(as defined in section 1616a(a)(2) of this title)” after “Indian health program”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–435, § 16(a)(2), inserted “(as defined in section 1616a(a)(2) of this title)” after “Indian health program”.

    Enacted provision · exact public law section
    (2) in subsection (b), by inserting after “Indian health program” the following: “(as defined in section 108(a)(2))”.

4 of 5 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

The Indian Self-Determination Act, referred to in subsec. (c), is title I of Pub. L. 93–638, , 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.

Amendments1992–1994 · 2 rounds

1994

Subsec. (a). Pub. L. 103–435, § 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, § 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, § 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, § 108(2), struck out subsec. (d) which directed Secretary to prescribe regulations to carry out this section.

Credits

1988–1994 · 3 acts
  1. 1988Pub. L. 94–437, title I, § 111, as added Pub. L. 100–713, title I, § 108, , 102 Stat. 4795
  2. 1992amended Pub. L. 102–573, title I, § 108, , 106 Stat. 4538
  3. 1994Pub. L. 103–435, § 16(a), , 108 Stat. 4573.
Show as published

(Pub. L. 94–437, title I, § 111, as added Pub. L. 100–713, title I, § 108, , 102 Stat. 4795; amended Pub. L. 102–573, title I, § 108, , 106 Stat. 4538; Pub. L. 103–435, § 16(a), , 108 Stat. 4573.)

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