Page:United States Statutes at Large Volume 106 Part 1.djvu/843

 PUBLIC LAW 102-325—JULY 23, 1992 106 STAT. 811 ered in needs ansdysis under any other Federal law, and may not penalize students in determining eligibility for other funds. SEC. 1346. SERVICE FULFILLMENT AND CONDITIONS; REPAYMENTS; 25 USC 3336. WAIVERS. (a) SERVICE AGREEMENT REQUIRED. — (1) IN GENERAL.— Prior to receipt of a loan under this part, the tribe or tribal organization and the eligible recipient shall enter into a written agreement, subject to the conditions of this section, which commits the recipient— (A) to perform, for each academic year for which the student receives assistance under this part one cedendar year of service to the tribe or organization in an occupation related to the course of study pursued and an economic or social development plan developed by the tribe or tribal organization, 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 to the tribe or tribal organization the full amount of the loan, in monthly or qu^erly installments over not more than 5 years. (2) REPORT REQUIREMENT. —Funds recovered pursuant to paragraph (1)(B) shall be reported annually to the Secretary and invested in the account estabhshed under section 1343. (b) SERVICE LIMITATIONS AND CONDITIONS.— The tribe or tribal organization shall agree that a student performing services under this part— (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 be 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 OF 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 regulations 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 this part— (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 applicable area; and (B) shall be suspended if the student ceases to attend an institution of higher education as a consequence of

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