Page:United States Statutes at Large Volume 106 Part 1.djvu/836

 106 STAT. 804 PUBLIC LAW 102-325—JULY 23, 1992 under section 1323, and to pursue that course of study to its completion; and (2)(A) to perform, for each academic year for which the student receives federally funded higher education assistance under a critical area service agreement, one cedendar year of service to the tribe or organization in an occupation that is in a critical area designated by the tribe pursuant to section 1322(b), commencing not later than 6 months after the student ceases to carry at an institution of higher education at least one-half the normal full-time academic workload as determined by the institution; or (B) to repay such assistance to the Secretary, together with interest thereon at a rate prescribed by the Secretary by regulation, in monthly or quarterly installments over not more thein 5 years. (b) SERVICE LIMITATIONS AND CONDITIONS.— The tribe or tribal organization shall agree that a student performing services under a critical area service agreement— (1) shall be provided compensation, benefits, and working conditions at the same level and to the same extent as any other employee working a similar length of time and doing the same type of work; (2) may oe treated as providing services to the tribe or organization if the student provides services for members of the tribe or organization that are approved by the tribe or organization and agreed to by the student even though such services are performed while the student is employed by a Federal, State, or local agency or instrumentality or by a nonprofit or for-profit private institution or organization; and (3) may obtain the benefits of a waiver or suspension in accordance with the requirements of subsection (c). (c) WAIVER AND SUSPENSION OP SERVICE AGREEMENT.— (1) WAIVER. —An Indian tribe or tribal organization may, by formal action, waive the service agreement of an Indian student for just cause, as determined in accordance with regidations prescribed by the Secretary. The tribe or organization shall notify the Secretary in writing of any waiver granted under this subsection. (2) SUSPENSION.— The obligation of a student to perform services under a critical area service agreement— (A) shall be suspended for not more than 18 months if, at the request of the student, the tribe or organization determines that there are no employment opportunities available in any critical service sirea; and (B) shall be suspended if the student ceases to attend an institution of higher education as a consequence of an institutional determination of unsatisfactory performance. If, at the end of a period of suspension under subparagraph (A), there are stUl no emplo3ment opportunities available in any critical service area, the student's obligations under the e^eement shall terminate. A suspension under subparagraph (B) shall be reviewed by the tribe or organization annually, but may be continued indefinitely. Regulations. (d) PRO RATA REDUCTION FOR PARTIAL SERVICES. —The Secretary shall, by regulation, provide for the pro rata reduction of repayment obligations under subsection (a)(2) ui the case of any student who

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