other recruitment and retention provisions

other recruitment and retention provisions Sec. 109. Title I, as amended by section 108 of this Act, is further amended by adding at the end thereof the following new sections: “tribal culture and history “Sec. 113. (a) The Secretary, acting through the Service, shall establish a program under which appropriate employees of the Service who serve particular Indian tribes shall receive educational instruction in the history and culture of such tribes and in the history of the Service. “(b) To the extent feasible, the program established under subsection (a) shall— “(1) be carried out through tribally-controlled community colleges (within the meaning of section 2(4) of the Tribally Controlled Community College Assistance Act of 1978), “(2) be developed in consultation with the affected tribal government, and “(3) include instruction in Native American studies. “(c) There are authorized to be appropriated for each of the fiscal years 1990, 1991, and 1992, $1,000,000 to carry out the provisions of this section. “inmed program “Sec. 114. (a) The Secretary is authorized to provide grants to at least 3 colleges and universities for the purpose of maintaining and expanding the Native American health careers recruitment pro-102 STAT. 4797gram known as the ‘Indians into Medicine Program’ (hereinafter in this section referred to as ‘INMED’) as a means of encouraging Indians to enter the health professions. “(b) The Secretary shall provide one of the grants authorized under subsection (a) to maintain the INMED program at the University of North Dakota, unless the Secretary makes a determination, based upon program reviews, that the program is not meeting the purposes of this section. “(c)(1) The Secretary shall develop regulations for the competitive awarding of the grants provided under this section. “(2) Applicants for grants provided under this section shall agree to provide a program which— “(A) provides outreach and recruitment for health professions to Indian communities including elementary, secondary and community colleges located on Indian reservations which will be served by the program, “(B) incorporates a program advisory board comprised of representatives from the tribes and communities which will be served by the program, “(C) provides summer preparatory programs for Indian students who need enrichment in the subjects of math and science in order to pursue training in the health professions, “(D) provides tutoring, counseling and support to students who are enrolled in a health career program of study at the respective college or university, and “(E) to the maximum extent feasible, employs qualified Indians in the program. “(d) By no later than the date that is 3 years after the date of enactment of the Indian Health Care Amendments of 1988, the Secretary shall submit a report to the Congress on the program established under this section including recommendations for expansion or changes to the program. “(e) There are authorized to be appropriated for each of the fiscal years 1990, 1991, and 1992, $1,000,000 to carry out the provisions of this section. “health training programs of community colleges “Sec. 115. (a)(1) The Secretary, acting through the Service, shall award grants to community colleges for the purpose of assisting the community college in the establishment of programs which provide education in a health profession leading to a degree or diploma in a health profession for individuals who desire to practice such profession on an Indian reservation or in a tribal clinic. “(2) The amount of any grant awarded to a community college under paragraph (1) for the first year in which such a grant is provided to the community college shall not exceed $100,000. “(b)(1) The Secretary, acting through the Service, shall award grants to community colleges that have established a program described in subsection (a)(1) for the purpose of maintaining the program and recruiting students for the program. “(2) Grants may only be made under this section to a community college which— “(A) is accredited, “(B) has access to a hospital facility, Service facility, or hospital that could provide training of nurses or health professionals, 102 STAT. 4798 “(C) has entered into an agreement with an accredited college or university medical school, the terms of which— “(i) provide a program that enhances the transition and recruitment of students into advanced baccalaureate or graduate programs which train health professionals, and “(ii) stipulate certifications necessary to approve internship and field placement opportunities at service unit facilities of the Service or at tribal health facilities, “(D) has a qualified staff which has the appropriate certifications, and “(E) is capable of obtaining State or regional accreditation of the program described in subsection (a)(1). “(c) The Secretary shall encourage community colleges described in subsection (b)(2) to establish and maintain programs described in subsection (a)(1) by— “(1) entering into agreements with such colleges for the provision of qualified personnel of the Service to teach courses of study in such programs, and “(2) providing technical assistance and support to such colleges. “(d) Any program receiving assistance under this section that is conducted with respect to a health profession shall also offer courses of study which provide advanced training for any health professional who— “(1) has already received a degree or diploma in such health profession, and “(2) provides clinical services on an Indian reservation, at a Service facility, or at a tribal clinic. Such courses of study may be offered in conjunction with the college or university with which the community college has entered into the agreement required under subsection (b)(2)(C). “(e) For purposes of this section— “(1) The term ‘community college’ means— “(A) a tribally controlled community college, or “(B) a junior or community college. “(2) The term ‘tribally controlled community college’ has the meaning given to such term by section 2(4) of the Tribally Controlled Community College Assistance Act of 1978. “(3) The term ‘junior or community college’ has the meaning given to such term by section 312(e) of the Higher Education Act of 1965 (20 U.S.C. 1058(e)). “(f) There are authorized to be appropriated for each of the fiscal years 1990, 1991, and 1992, $1,500,000 to carry out the provisions of this section. “additional incentives for health professionals “Sec. 116. (a) The Secretary may provide the incentive special pay authorized under section 302(b) of title 37, United States Code, to civilian medical officers of the Indian Health Service who are assigned to, and serving in, positions included in the list established under subsection (b)(1) for which recruitment or retention of personnel is difficult. “(b)(1) The Secretary shall establish and update on an annual basis a list of positions of health care professionals employed by, or assigned to, the Service for which recruitment or retention is difficult. 102 STAT. 4799 “(2)(A) The Secretary may pay a bonus to any commissioned officer or civil service employee, other than a commissioned medical officer, dental officer, optometrist, and veterinarian, who is employed in or assigned to, and serving in, a position in the Service included in the list established by the Secretary under paragraph (1). “(B) The total amount of bonus payments made by the Secretary under this paragraph to any employee during any 1-year period shall not exceed $2,000. “(c) The Secretary may establish programs to allow the use of flexible work schedules, and compressed work schedules, in accordance with the provisions of subchapter II of chapter 61 of title 5, United States Code, for health professionals employed by, or assigned to, the Service. “(d) By no later than the date that is 6 months after the date of enactment of the Indian Health Care Amendments of 1988, the Secretary shall submit a report to the Congress on the limitation imposed on amounts of premium pay for overtime to any individual employed by, or assigned to, the Service. The report shall include an explanation of existing overtime pay policy, an estimate of the budget impact of removing limitations on overtime pay, a summary of problems associated with overtime pay limitations, and recommendations for changes to the overtime pay policy. “(e) There are authorized to be appropriated $600,000 for each of the fiscal years 1990, 1991, and 1992 to carry out the provisions of this section. “retention bonus “Sec. 117. (a) 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 116(b)(1) 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) 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), but in no event shall the annual rate be more than $25,000 per annum. “(c) The retention bonus for the entire period covered by the agreement described in subsection (a)(4) shall be paid at the beginning of the agreed upon term of service. “(d) 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 102 STAT. 4800 amount of the retention bonus for the period covered by the agreement, plus interest as determined by the Secretary in accordance with section 108(1)(2)(B). “(e) There are authorized to be appropriated $3,200,000 for each of the fiscal years 1990, 1991, and 1992 to carry out the provisions of this section.”.