25 U.S.C. § 3116 — Obligated service; breach of contract
submitted 36 years ago by Pub. L. 101-630 to r/title-25-INDIANS · 165 words · no verdicts yet
When financial assistance requires obligated service, the Secretary must provide for an employment offer or end the service requirement when no reasonable offer can be made. A person who unreasonably refuses, leaves, or fails to perform must repay prorated assistance with specified interest.
(a) Obligated service. If a person agrees to obligated service in return for financial assistance under this chapter, the Secretary* must issue regulations providing an employment offer as required by the applicable provision. If no reasonable offer is made, the regulations must end the service requirement. (b) Breach and repayment. If the person fails to accept a reasonable offer, unreasonably ends the employment, or unreasonably fails to perform its duties, the Secretary must require repayment of the assistance, prorated for the service time completed, plus interest equal to what would have been payable if the amounts had been loans carrying the maximum prevailing legal rate when paid, as determined by the United States Treasurer.
Where an individual enters into an agreement for obligated service in return for financial assistance under any provision of this chapter, the Secretary* shall adopt such regulations as are necessary to provide for the offer of employment to the recipient of such assistance as required by such provision. Where an offer of employment is not reasonably made, the regulations shall provide that such service shall no longer be required.
Where an individual fails to accept a reasonable offer of employment in fulfillment of such obligated service or unreasonably terminates or fails to perform the duties of such employment, the Secretary shall require a repayment of the financial assistance provided, prorated for the amount of time of obligated service performed, together with interest on such amount which would be payable if at the time the amounts were paid they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States.
Source credit: (Pub. L. 101–630, title III, § 317, Nov. 28, 1990, 104 Stat. 4544.)
- 1990Enacted · Pub. L. 101-630 · 104 Stat. 4544
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-630 on 1990-11-28.
all 0 arguments · sorted by: best
no arguments yet — make the first case