
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
