20 U.S. Code § 1078–12 - Loan repayment for civil legal assistance attorneys
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(a)
Purpose
The purpose of this section is to encourage qualified individuals to enter and continue employment as civil legal assistance attorneys.
(b)
Definitions
In this section:
(1)
Civil legal assistance attorney
The term “civil legal assistance attorney” means an attorney who—
(A)
is a full-time employee of—
(i)
a nonprofit organization that provides legal assistance with respect to civil matters to low-income individuals without a fee; or
(ii)
a protection and advocacy system or client assistance program that provides legal assistance with respect to civil matters and receives funding under—
(I)
subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.);
(2)
Student loan
(A)
In general
Except as provided in subparagraph (B), the term “student loan” means—
(i)
subject to clause (ii), a loan made, insured, or guaranteed under this part, part C, or part D; and
(c)
Program authorized
From amounts appropriated under subsection (i) for a fiscal year, the Secretary shall carry out a program of assuming the obligation to repay a student loan, by direct payments on behalf of a borrower to the holder of such loan, in accordance with subsection (d), for any borrower who—
(d)
Terms of agreement
(1)
In general
To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written agreement with the Secretary that specifies that—
(A)
the borrower will remain employed as a civil legal assistance attorney for a required period of service of not less than three years, unless involuntarily separated from that employment;
(B)
if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Secretary the amount of any benefits received by such employee under this agreement;
(C)
if the borrower is required to repay an amount to the Secretary under subparagraph (B) and fails to repay such amount, a sum equal to that amount shall be recoverable by the Federal Government from the employee by such methods as are provided by law for the recovery of amounts owed to the Federal Government;
(2)
Repayments
(3)
Limitations
(A)
Student loan payment amount
Student loan repayments made by the Secretary under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed upon by the borrower and the Secretary in an agreement under paragraph (1), except that the amount paid by the Secretary under this section shall not exceed—
(e)
Additional agreements
(f)
Award basis; priority
(1)
Award basis
Subject to paragraph (2), the Secretary shall provide repayment benefits under this section on a first-come, first-served basis, and subject to the availability of appropriations.
Source
(Pub. L. 89–329, title IV, § 428L, as added Pub. L. 110–315, title IV, § 431,Aug. 14, 2008, 122 Stat. 3242.)
References in Text
The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in (b)(1)(A)(ii)(I), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle C of title I of the Act is classified generally to part C (§ 15041 et seq.) of subchapter
I of chapter
144 of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
15001 of Title
42 and Tables.
The Protection and Advocacy for Individuals with Mental Illness Act, referred to in subsec. (b)(1)(A)(ii)(III), is Pub. L. 99–319, May 23, 1986, 100 Stat. 478. Part A of title I of the Act is classified generally to part A (§ 10801 et seq.) of subchapter
I of chapter
114 of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
10801 of Title
42 and Tables.
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