25 U.S.C. § 3734 — Obligated service; breach of contract
submitted 33 years ago by Pub. L. 103-177 to r/title-25-INDIANS · 166 words · no verdicts yet
This section requires regulations about employment offers tied to financial assistance and obligated service. It requires prorated repayment with specified interest when a recipient breaches the obligation.
(a) Obligated service. When a person agrees to serve for a required period in return for financial assistance under this subchapter, the Secretary* must issue needed regulations providing for an employment offer as the relevant provision requires. If an offer cannot reasonably be made, the regulations must say that the service is no longer required. (b) Breach of contract; repayment. If the person refuses a reasonable employment offer, unreasonably ends the employment, or unreasonably fails to do its duties, the Secretary must require repayment of the assistance, reduced according to the time of required service actually performed. The repayment also includes interest that would have applied if the amounts paid had been loans at the maximum legal prevailing rate set by the Secretary of the Treasury.
Where an individual enters into an agreement for obligated service in return for financial assistance under any provision of this subchapter, 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 that was 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 Secretary of the Treasury.
Source credit: (Pub. L. 103–177, title II, § 204, Dec. 3, 1993, 107 Stat. 2022.)
- 1993Enacted · Pub. L. 103-177 · 107 Stat. 2022
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-177 on 1993-12-03.
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