25-U.S.C.-1616J
§1616J – Retention Bonus
Pathway
Title 25 > Chapter 18 > Subchapter I > Section 1616j
Details
- Reference: Section 1616j
- Legend: §1616J – Retention Bonus
- USCode Year: 2013
Provision Content
(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, §117, as added Pub. L. 100–713, title I, §109, Nov. 23, 1988, 102 Stat. 4799; amended Pub. L. 102–573, title I, §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 (§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.
U.S. Encyclopedia of Law Coverage
25-U.S.C.-1611 in the Legal Encyclopedia: Indians
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Subchapter I – Indian Health Professional Personnel in the Legal Encyclopedia: Indian Health Care
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25-U.S.C.-1614 in the Legal Encyclopedia: Health Care
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