§ 3324. — Critical area service agreements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3324]
TITLE 25--INDIANS
CHAPTER 35--INDIAN HIGHER EDUCATION PROGRAMS
SUBCHAPTER II--CRITICAL NEEDS FOR TRIBAL DEVELOPMENT
Sec. 3324. Critical area service agreements
(a) Terms of agreements
A critical area service agreement shall be an agreement between an
Indian student who receives or who shall receive federally funded higher
education assistance and an Indian tribe or tribal organization
providing such assistance in which the student agrees--
(1) to undertake a course of study at an eligible institution
(as that term is defined in section 1085(a) of title 20) in an area
of critical need, as determined under section 3323 of this title,
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 calendar year of service to the
tribe or organization in an occupation that is in a critical area
designated by the tribe pursuant to section 3323(b) \1\ of this
title, 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
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\1\ See References in Text note below.
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(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 than
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 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) of this section.
(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 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 area; 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 still no employment opportunities available in any
critical service area, the student's obligations under the agreement
shall terminate. A suspension under subparagraph (B) shall be
reviewed by the tribe or organization annually, but may be continued
indefinitely.
(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) of this
section in the case of any student who partially completes the service
obligation of that student under subsection (a)(2)(A) of this section.
(e) Certification of service
An Indian tribe or tribal organization receiving services under a
critical area service agreement--
(1) shall establish procedures for monitoring and evaluating the
provisions of this subchapter, and provide a copy of such procedures
to the Secretary and to each individual providing services under a
critical area service agreement;
(2) shall annually certify to the Secretary the identities of
the individuals performing service under such agreements; and
(3) shall annually certify to the Secretary the amount of
service performed, and the amount remaining to be performed, by each
such individual under such agreements.
(Pub. L. 102-325, title XIII, Sec. 1324, July 23, 1992, 106 Stat. 803.)
References in Text
Section 3323(b) of this title, referred to in subsec. (a)(2)(A), was
in the original a reference to ``section 1322(b)'', meaning section
1322(b) of Pub. L. 102-325, which has been translated as reading section
1323(b) of Pub. L. 102-325 to reflect the probable intent of Congress
because section 1322 does not have a subsec. (b) and section 1323(b)
relates to designation of critical areas by tribes.
Section Referred to in Other Sections
This section is referred to in section 3323 of this title.
