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

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

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

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1616a/a/2&num=0&edition=prelim)) 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 October 29, 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 (l) of [section 1616a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1616a&num=0&edition=prelim) 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 A

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Stable record: federal_law:legal_authorities:record_usc_c5209638767d87deba9b02af
Source file: Laws/federal/codes/united-states-code/title-25/section-1616f-advanced-training-and-research--57e9e61028.md
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Source location: Title 25, Chapter 18, § 1616f; chapter-018-indian-health-care.md

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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. § 1616f — Tribal culture and history

Page 258 TITLE 25—INDIANS § 1616f 1 See References in Text note below. (1) establish clinics, to be run and staffed by the faculty and students of a grantee school, to provide primary care services in areas in or within 50 miles of Indian country (as defined in section 1151 of title 18); (2) provide clinical training, program devel- opment, faculty enhancement, and student scholarships in a manner that would benefit such clinics; and (3) carry out any other activities determined appropriate by the Secretary. (c) Amount and conditions The Secretary may award grants under this section in such amounts and subject to such conditions as the Secretary deems appropriate. (d) Design The clinics established under this section shall be designed to provide nursing students with a structured clinical experience that is similar in nature to that provided by residency training programs for physicians. (e) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section. (f) Authorization to use amounts Out of amounts appropriated to carry out this subchapter for each of the fiscal years 1993 through 2000 not more than $5,000,000 may be used to carry out this section. (Pub. L. 94–437, title I, § 112A, as added Pub. L. 102–573, title I, § 104(f), Oct. 29, 1992, 106 Stat. 4534.) § 1616f. Tribal culture and history (a) Program established The Secretary, acting through the Service, shall establish a program under which appro- priate employees of the Service who serve par- ticular Indian tribes shall receive educational instruction in the history and culture of such tribes and in the history of the Service. (b) Tribally controlled institutions To the extent feasible, the program estab- lished

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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

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