25 U.S.C. § 1616a–1 — Scholarship and Loan Repayment Recovery Fund
submitted 34 years ago by Pub. L. 94-437 to r/title-25-INDIANS · 458 words · no verdicts yet
This section creates a Treasury fund for recovering scholarship and loan-repayment amounts. The Secretary may use the fund to help tribal health programs replace professionals who breach service contracts.
(a) Fund. The Treasury must have a fund called the “Indian Health Scholarship and Loan Repayment Recovery Fund.” It contains amounts appropriated to it under subsection (b), and those amounts remain available until spent.
(b) Appropriations. For each fiscal year, Congress may appropriate to the Fund an amount equal to (1) the prior fiscal year’s Federal collections from individuals who breached scholarship contracts under 25 U.S.C. § 1613a or loan-repayment contracts under 25 U.S.C. § 1616a, plus (2) interest earned during the prior fiscal year on obligations held by the Fund and proceeds from selling or redeeming those obligations.
(c) Use. The Secretary*, through the Service*, may use Fund money available under appropriation Acts to pay an Indian tribe* or tribal organization* that runs a contract health-care program under the Indian Self-Determination Act when (1) a scholarship recipient or loan-repayment participant was assigned there to meet a service obligation and (2) that person breached the contract, leaving the program needing a health professional. The tribe or organization may use the payment to recruit and employ health professionals directly or by contract.
(d) Investment. The Treasury Secretary must invest Fund money not needed for current withdrawals, but only in interest-bearing United States obligations. The Secretary may buy them at original issue for the issue price or buy outstanding obligations at market price, and may sell them at market price.
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.
For each fiscal year, there is authorized to be appropriated to the Fund an amount equal to the sum of—
the amount collected during the preceding fiscal year by the Federal Government pursuant to—
the liability of individuals under subparagraph (A) or (B) of section 1613a(b)(5) of this title for the breach of contracts entered into under section 1613a of this title; and
the liability of individuals under section 1616a(l) of this title for the breach of contracts entered into under section 1616a of this title; and
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.
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 et seq.]—
to which a scholarship recipient under section 1613a of this title or a loan repayment program participant under section 1616a of this title has been assigned to meet the obligated service requirements pursuant to 1 sections; and
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 or section 1616a of this title.
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.
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.
Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.
Source credit: (Pub. L. 94–437, title I, § 108A, as added Pub. L. 102–573, title I, § 110, Oct. 29, 1992, 106 Stat. 4538.)
- 1992Enacted · Pub. L. 94-437 · 106 Stat. 4538
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-437 on 1992-10-29.
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