25 U.S.C. § 1612 — Health professions recruitment program

Page 245 TITLE 25—INDIANS § 1612 The Alaska Native Claims Settlement Act, referred to in pars. (14) and (16)(B)(iii), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chap- ter 33 (§ 1601 et seq.) of Title 43, Public Lands. For com- plete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43, and Ta- bles. Section 1058(e) of title 20, referred to in par. (15), probably means section 1058(f) of title 20, which defines ‘‘junior or community college’’. Section 1058(e) of title 20 was redesignated section 1058(f) of title 20 by Pub. L. 105–244, title III, § 303(b)(1), Oct. 7, 1998, 112 Stat. 1639. The Indian Self-Determination and Education Assist- ance Act, referred to in pars. (25) and (26), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as chap- ter 46 (§ 5301 et seq.) of this title. Section 4 of the Act was classified to section 450b of this title prior to edi- torial reclassification as section 5304 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. Subsection (g) hereof, referred to in par. (28), was re- designated par. (27) of this section by section 10221(a) of Pub. L. 111–148. Subsection (c)(1) through (4) of this section, referred to in par. (28), was redesignated par. (13)(A) to (D) of this section by section 10221(a) of Pub. L. 111–148. CODIFICATION Amendment by Pub. L. 111–148 is based on section 104 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by sec- tion 10221(a) of Pub. L. 111–148. AMENDMENTS 2010—Pub. L. 111–148 substituted ‘‘In this chapter:’’ for ‘‘For purposes of this chapter—’’ in introductory provisions, redesignated pars. in subsecs. (c), (j), (k), and (l) as subpars. and realigned margins, redesignated subsecs. (a) to (q) as pars. (17), (18), (13), (14), (26), (28), (27), (29), (1), (20), (11), (7), (19), (10), (21), (8), and (9), re- spectively, and realigned margins, struck out former pars. (7), (9), (11), (20), and (26), as so redesignated, added pars. (2) to (7), (9), (11), (12), (15), (16), (20), and (22) to (26), arranged pars. in numerical order, and inserted heading and ‘‘The term’’ after each par. designation. Prior to amendment, pars. (7), (9), (11), (20), and (26), as so redesignated, defined disease prevention, FAS, health promotion, service unit, and tribal organization, respectively. Amendment directing redesignation of pars. contained in subsec. (c) as subpars. was executed by redesignating pars. (1) to (4) as subpars. (A) to (D), respectively, as the probable intent of Congress. Amendment directing the striking of paragraph ‘‘(12) (as redesignated by paragraph (3))’’ could not be exe- cuted because there was no par. (12) redesignated by par. (3). 1996—Subsec. (n). Pub. L. 104–313 inserted ‘‘allopathic medicine,’’ before ‘‘family medicine’’ and substituted ‘‘an allied health profession, or any other health profes- sion’’ for ‘‘and allied health professions’’. 1992—Subsec. (c). Pub. L. 102–573, § 902(1), substituted ‘‘sections 1612 and 1613 of this title’’ for ‘‘sections 1612, 1613, and 1621(c)(5) of this title’’. Subsecs. (m) to (q). Pub. L. 102–573, § 3(c), added sub- secs. (m) to (q). 1988—Subsec. (h). Pub. L. 100–713, § 502, inserted ‘‘urban’’ after ‘‘governed by an’’. Subsec. (i). Pub. L. 100–713, § 201(b), added subsec. (i) and struck out former subsec. (i) which defined ‘‘rural Indian’’. Subsec. (j). Pub. L. 100–713, § 201(b), added subsec. (j) and struck out former subsec. (j) which defined ‘‘rural community’’. Subsec. (k). Pub. L. 100–713, §§ 201(b), 203(b), added sub- sec. (k) and struck out former subsec. (k) which defined ‘‘rural Indian organization’’. Subsec. (l). Pub. L. 100–713, § 203(b), added subsec. (l). 1980—Subsec. (a). Pub. L. 96–537, § 2(a), substituted ‘‘Secretary of Health and Human Services’’ for ‘‘Sec- retary of Health, Education, and Welfare’’. Subsec. (h). Pub. L. 96–537, § 2(b), substituted ‘‘gov- erned by an Indian controlled board of directors’’ for ‘‘composed of urban Indians’’. Subsecs. (i) to (k). Pub. L. 96–537, § 2(c), added subsecs. (i) to (k). SUBCHAPTER I—INDIAN HEALTH PROFESSIONAL PERSONNEL § 1611. Congressional statement of purpose The purpose of this subchapter is to increase the number of Indians entering the health pro- fessions and to assure an adequate supply of health professionals to the Service, Indian tribes, tribal organizations, and urban Indian or- ganizations involved in the provision of health care to Indian people. (Pub. L. 94–437, title I, § 101, Sept. 30, 1976, 90 Stat. 1402; Pub. L. 102–573, title I, § 101, Oct. 29, 1992, 106 Stat. 4530.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–573 amended section generally. Prior to amendment, section read as follows: ‘‘The purpose of this subchapter is to augment the inadequate number of health professionals serving Indians and remove the multiple barriers to the entrance of health profes- sionals into the Service and private practice among In- dians.’’ Statutory Notes and Related Subsidiaries ADVISORY PANEL AND REPORT ON RECRUITMENT AND RETENTION Pub. L. 100–713, title I, § 110, Nov. 23, 1988, 102 Stat. 4800, directed Secretary of Health and Human Services to establish an advisory panel composed of 10 physi- cians or other health professionals who are employees of, or assigned to, the Indian Health Service, 3 rep- resentatives of tribal health boards, and 1 representa- tive of an urban health care organization, such advi- sory panel to conduct an investigation of (1) adminis- trative policies and regulatory procedures which im- pede recruitment or retention of physicians and other health professionals by Indian Health Service, and (2) regulatory changes necessary to establish pay grades for health professionals employed by, or assigned to, the Service that correspond to the pay grades estab- lished for positions provided under 38 U.S.C. 4103 and 4104 and costs associated with establishing such pay grades, and, no later than the date that is 18 months after Nov. 23, 1988, to submit to Congress a report on the investigation, together with any recommendations for administrative or legislative changes in existing law, practices, or procedures. § 1612. Health professions recruitment program for Indians (a) Grants for education and training The Secretary, acting through the Service, shall make grants to public or nonprofit private health or educational entities or Indian tribes or tribal organizations to assist such entities in meeting the costs of— (1) identifying Indians with a potential for education or training in the health professions and encouraging and assisting them— (A) to enroll in courses of study in such health professions; or Page 246 TITLE 25—INDIANS § 1613 (B) if they are not qualified to enroll in any such courses of study, to undertake such postsecondary education or training as may be required to qualify them for enrollment; (2) publicizing existing sources of financial aid available to Indians enrolled in any course of study referred to in paragraph (1) of this subsection or who are undertaking training necessary to qualify them to enroll in any such course of study; or (3) establishing other programs which the Secretary determines will enhance and facili- tate the enrollment of Indians in, and the sub- sequent pursuit and completion by them of, courses of study referred to in paragraph (1) of this subsection. (b) Application for grant; submittal and ap- proval; preference; payment (1) No grant may be made under this section unless an application therefor has been sub- mitted to, and approved by, the Secretary. Such application shall be in such form, submitted in such manner, and contain such information, as the Secretary shall by regulation prescribe. The Secretary shall give a preference to applications submitted by Indian tribes or tribal organiza- tions. (2) The amount of any grant under this section shall be determined by the Secretary. Payments pursuant to grants under this section may be made in advance or by way of reimbursement, and at such intervals and on such conditions as the Secretary finds necessary. (Pub. L. 94–437, title I, § 102, Sept. 30, 1976, 90 Stat. 1402; Pub. L. 96–537, § 3(a), Dec. 17, 1980, 94 Stat. 3173; Pub. L. 100–713, title I, § 101, Nov. 23, 1988, 102 Stat. 4785; Pub. L. 102–573, title I, §§ 102(a), 117(b)(1), title IX, § 902(2)(A), Oct. 29, 1992, 106 Stat. 4530, 4544, 4591.) Editorial Notes AMENDMENTS 1992—Subsec. (a)(1). Pub. L. 102–573, § 102(a)(1), amend- ed par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘identifying Indians with a potential for education or training in the health professions and en- couraging and assisting them (A) to enroll in schools of medicine, osteopathy, dentistry, veterinary medicine, optometry, podiatry, pharmacy, public health, nursing, or allied health professions; or (B), if they are not qualified to enroll in any such school, to undertake such post-secondary education or training as may be required to qualify them for enrollment;’’. Subsec. (a)(2). Pub. L. 102–573, § 102(a)(2), substituted ‘‘course of study’’ for ‘‘school’’ in two places and ‘‘para- graph (1)’’ for ‘‘clause (1)(A)’’. Subsec. (a)(3). Pub. L. 102–573, § 102(a)(3), substituted ‘‘enrollment of Indians in, and the subsequent pursuit and completion by them of, courses of study referred to in paragraph (1) of this subsection’’ for ‘‘enrollment of Indians, and the subsequent pursuit and completion by them of courses of study, in any school referred to in clause (1)(A) of this subsection’’. Subsec. (b)(1). Pub. L. 102–573, § 902(2)(A), substituted ‘‘prescribe. The Secretary shall’’ for ‘‘: Provided, That the Secretary shall’’. Subsec. (c). Pub. L. 102–573, § 117(b)(1), struck out sub- sec. (c) which authorized appropriations for fiscal years 1989 to 1992. 1988—Subsec. (c). Pub. L. 100–713 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘For the purpose of making payments pursuant to grants under this section, there are authorized to be appropriated $900,000 for fiscal year 1978, $1,500,000 for fiscal year 1979, and $1,800,000 for fiscal year 1980. There are authorized to be appropriated to carry out this sec- tion $2,300,000 for the fiscal year ending September 30, 1981, $2,600,000 for the fiscal year ending September 30, 1982, $3,000,000 for the fiscal year ending September 30, 1983, and $3,500,000 for the fiscal year ending September 30, 1984.’’ 1980—Subsec. (c). Pub. L. 96–537 substituted provisions authorizing appropriation of specific amounts for fiscal years ending Sept. 30, 1981, Sept. 30, 1982, Sept. 30, 1983, and Sept. 30, 1984, for provisions authorizing appropria- tion of such amounts as may be specifically authorized by an act enacted after Sept. 30, 1976. § 1613. Health professions preparatory scholar- ship program for Indians (a) Requirements The Secretary, acting through the Service, shall make scholarship grants to Indians who— (1) have successfully completed their high school education or high school equivalency; and (2) have demonstrated the capability to suc- cessfully complete courses of study in the health professions. (b) Purposes and duration of grants; preprofessional and pregraduate education Scholarship grants made pursuant to this sec- tion shall be for the following purposes: (1) Compensatory preprofessional education of any grantee, such scholarship not to exceed two years on a full-time basis (or the part- time equivalent thereof, as determined by the Secretary). (2) Pregraduate education of any grantee leading to a baccalaureate degree in an ap- proved course of study preparatory to a field of study in a health profession, such scholar- ship not to exceed 4 years (or the part-time equivalent thereof, as determined by the Sec- retary). (c) Covered expenses Scholarship grants made under this section may cover costs of tuition, books, transpor- tation, board, and other necessary related ex- penses of a grantee while attending school. (d) Basis for denial of assistance The Secretary shall not deny scholarship as- sistance to an eligible applicant under this sec- tion solely on the basis of the applicant’s scho- lastic achievement if such applicant has been admitted to, or maintained good standing at, an accredited institution. (e) Eligibility for assistance under other Federal programs The Secretary shall not deny scholarship as- sistance to an eligible applicant under this sec- tion solely by reason of such applicant’s eligi- bility for assistance or benefits under any other Federal program. (Pub. L. 94–437, title I, § 103, Sept. 30, 1976, 90 Stat. 1403; Pub. L. 96–537, § 3(b), Dec. 17, 1980, 94 Stat. 3174; Pub. L. 100–713, title I, § 102, Nov. 23, 1988, 102 Stat. 4785; Pub. L. 102–573, title I, § 102(b), Oct. 29, 1992, 106 Stat. 4530.)