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25 U.S.C. § 1616d — Scholarship and Loan Repayment Recovery Fund

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1616d — Scholarship and Loan Repayment Recovery Fund

**(a) Establishment** There is established in the Treasury of the United States a fund to be known as the Indian Health Scholarship and Loan Repayment Recovery Fund (hereafter in this section referred to as the “Fund”). The Fund shall consist of such amounts as may be appropriated to the Fund under subsection (b). Amounts appropriated for the Fund shall remain available until expended. **(b) Authorization of appropriations** For each fiscal year, there is authorized to be appropriated to the Fund an amount equal to the sum of— (1) the amount collected during the preceding fiscal year by the Federal Government pursuant to— (A) the liability of individuals under subparagraph (A) or (B) of [section 1613a(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1613a/b/5&num=0&edition=prelim) for the breach of contracts entered into under [section 1613a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1613a&num=0&edition=prelim); and (B) the liability of individuals under section 1616a(l) of this title for the breach of contracts entered into under [section 1616a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1616a&num=0&edition=prelim); and (2) the aggregate amount of interest accruing during the preceding fiscal year on obligations held in the Fund pursuant to subsection (d) and the amount of proceeds from the sale or redemption of such obligations during such fiscal year. **(c) Use of funds** (1) Amounts in the Fund and available pursuant to appropriation Acts may be expended by the Secretary, acting through the Service, to make payments to an Indian tribe or tribal organization administering a health care program pursuant to a contract

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Stable record: federal_law:legal_authorities:record_usc_87cad41bda7e18f6b3fd9bbf
Source file: Laws/federal/codes/united-states-code/title-25/section-1616d-scholarship-and-loan-repayment-recovery-fund--e0d4778a0f.md
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Passage SHA-256: 9714d1a96b49561a2fdef238963ead0f63218e12a2f7a27edcfab75be0da91dd

Source location: Title 25, Chapter 18, § 1616d; chapter-018-indian-health-care.md

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**(a) Establishment** There is established in the Treasury of the United States a fund to be known as the Indian Health Scholarship and Loan Repayment Recovery Fund (hereafter in this section referred to as the “Fund”). The Fund shall consist of such amounts as may be appropriated to the Fund under subsection (b). Amounts appropriated for the Fund shall remain available until expended. **(b) Authorization of appropriations** For each fiscal year, there is authorized to be appropriated to the Fund an amount equal to the sum of— (1) the amount collected during the preceding fiscal year by the Federal Government pursuant to— (A) the liability of individuals under subparagraph (A) or (B) of [section 1613a(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1613a/b/5&num=0&edition=prelim) for the breach of contracts entered into under [section 1613a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1613a&num=0&edition=prelim); and (B) the liability of individuals under section 1616a(l) of this title for the breach of contracts entered into under [section 1616a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1616a&num=0&edition=prelim); and (2) the aggregate amount of interest accruing during the preceding fiscal year on obligations held in the Fund pursuant to subsection (d) and the amount of proceeds from the sale or redemption of such obligations during such fiscal year. **(c) Use of funds** (1) Amounts in the Fund and available pursuant to appropriation Acts may be expended by the Secretary, acting through the Service, to make payments to an Indian tribe or tribal organization administering a health care program pursuant to a contract entered into under the Indian Self-Determination Act [[25 U.S.C. 5321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) et seq.]— (A) to which a scholarship recipient under [section 1613a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1613a&num=0&edition=prelim) or a loan repayment program participant under [section 1616a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1616a&num=0&edition=prelim) has been assigned to meet the obligated service requirements pursuant to 11 So in original. Probably should be “to such”. sections; and (B) that has a need for a health professional to provide health care services as a result of such recipient or participant having breached the contract entered into under [section 1613a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1613a&num=0&edition=prelim) or [section 1616a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1616a&num=0&edition=prelim). (2) An Indian tribe or tribal organization receiving payments pursuant to paragraph (1) may expend the payments to recruit and employ, directly or by contract, health professionals to provide health care services. **(d) Investment of excess funds** (1) The Secretary of the Treasury shall invest such amounts of the Fund as such Secretary determines are not required to meet current withdrawals from the Fund. Such investments may be made only in interest-bearing obligations of the United States. For such purpose, such obligations may be acquired on original issue at the issue price, or by purchase of outstanding obligations at the market price. (2) Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5321 — Congressional statement of findings

**(a) Findings respecting historical and special legal relationship, and resultant responsibilities** The Congress, after careful review of the Federal Government’s historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that— (1) the prolonged Federal domination of Indian service programs has served to retard rather than enhance the progress of Indian people and their communities by depriving Indians of the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities; and (2) the Indian people will never surrender their desire to control their relationships both among themselves and with non-Indian governments, organizations, and persons. **(b) Further findings** The Congress further finds that— (1) true self-determination in any society of people is dependent upon an educational process which will insure the development of qualified people to fulfill meaningful leadership roles; (2) the Federal responsibility for and assistance to education of Indian children has not effected the desired level of educational achievement or created the diverse opportunities and personal satisfaction which education can and should provide; and (3) parental and community control of the educational process is of crucial importance to the Indian people.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5301 — Application of other sections of this chapter

**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter. **(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1616a — Indian health service extern programs

**(a) Employment of scholarship grantees during non­academic periods** Any individual who receives a scholarship grant pursuant to [section 1613a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1613a&num=0&edition=prelim) shall be entitled to employment in the Service during any nonacademic period of the year. Periods of employment pursuant to this subsection shall not be counted in determining the fulfillment of the service obligation incurred as a condition of the scholarship grant. **(b) Employment of medical and other students during nonacademic periods** Any individual enrolled in a course of study in the health professions may be employed by the Service during any nonacademic period of the year. Any such employment shall not exceed one hundred and twenty days during any calendar year. **(c) Employment without regard to competitive personnel system or agency personnel limitation; compensation** Any employment pursuant to this section shall be made without regard to any competitive personnel system or agency personnel limitation and to a position which will enable the individual so employed to receive practical experience in the health profession in which he or she is engaged in study. Any individual so employed shall receive payment for his or her services comparable to the salary he or she would receive if he or she were employed in the competitive system. Any individual so employed shall not be counted against any employment ceiling affecting the Service or the Department of Health and Human Services.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1613a — Congressional statement of purpose

The purpose of this subchapter is to increase the number of Indians entering the health professions and to assure an adequate supply of health professionals to the Service, Indian tribes, tribal organizations, and urban Indian organizations involved in the provision of health care to Indian people.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1616d — Advanced training and research

Page 256 TITLE 25—INDIANS § 1616c 1 See References in Text note below. follows: ‘‘There are authorized to be appropriated $100,000 for each of the fiscal years 1990, 1991, and 1992, for the purpose of carrying out the provisions of this section.’’ § 1616c. Tribal recruitment and retention pro- gram (a) Projects funded on competitive basis The Secretary, acting through the Service, shall fund, on a competitive basis, projects to enable Indian tribes and tribal and Indian orga- nizations to recruit, place, and retain health professionals to meet the staffing needs of In- dian health programs (as defined in section 1616a(a)(2) of this title). (b) Eligibility (1) Any Indian tribe or tribal or Indian organi- zation may submit an application for funding of a project pursuant to this section. (2) Indian tribes and tribal and Indian organi- zations under the authority of the Indian Self- Determination Act [25 U.S.C. 5321 et seq.] shall be given an equal opportunity with programs that are administered directly by the Service to compete for, and receive, grants under sub- section (a) for such projects. (Pub. L. 94–437, title I, § 110, as added Pub. L. 100–713, title I, § 108, Nov. 23, 1988, 102 Stat. 4794; amended Pub. L. 102–573, title I, § 117(b)(4), Oct. 29, 1992, 106 Stat. 4544.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination Act, referred to in subsec. (b)(2), is title I of Pub. L. 93–638, Jan. 4, 1975, 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. AMENDMENTS 1992—Subsec. (c). Pub. L. 102–573 struck out subsec. (c) which authorized appropr

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5321 — Self-determination contracts

Page 724 TITLE 25—INDIANS § 5310 1 See References in Text note below. plete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Public Law 103–413, referred to in text, is Pub. L. 103–413, Oct. 25, 1994, 108 Stat. 4250, known as the Indian Self-Determination Act Amendments of 1994, which is classified principally to subchapter IV (§ 5361 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 5301 of this title and Tables. Public Law 100–297, referred to in text, is Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 130, known as the Augus- tus F. Hawkins-Robert T. Stafford Elementary and Sec- ondary School Improvement Amendments of 1988. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under sec- tion 6301 of Title 20, Education, and Tables. CODIFICATION Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1998, and not as part of the Indian Self-Determination and Education Assistance Act which comprises this chap- ter. Section was formerly classified to section 450e–2 of this title prior to editorial reclassification and renum- bering as this section. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation acts: Pub. L. 104–208, div. A, title I, § 101(d) [title III, § 310], Sept. 30, 1996, 110 Stat. 3009–181, 3009–221. Pub. L. 104–134, title I, § 101(c) [title III, § 310], Apr. 26, 1996, 110 Stat. 1321–156, 1321–197; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. § 5310. Investment of advance payments; restric- tions Ad

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5321

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