20 U.S.C. § 1078: Loan repayment for civil legal assistance attorneys

The purpose of this section is to encourage qualified individuals to enter and continue employment as civil legal assistance attorneys. a nonprofit organization that provides legal assistance with respect to civil matters to low-income individuals without a fee; or subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq.); section 732 or 794e of title 29; part A of title I of the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10801 et seq.); section 3004 of title 29 ; section 1320b–21 of title 42 ; section 300d–53 of title 42 ; or section 21061 of title 52 ; as such employee, provides civil legal assistance as described in subparagraph (A) on a full-time basis; and is continually licensed to practice law. subject to clause (ii), a loan made, insured, or guaranteed under this part, part D, or part E; and a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan; a loan made under section 1078, 1078–2, or 1078–8 of this title; or a loan made under part E. A loan made to the parents of a dependent student under section 1078–2 of this title . A Federal Direct PLUS Loan made to the parents of a dependent student. a loan made to the parents of a dependent student under section 1078–2 of this title ; or a Federal Direct PLUS Loan made to the parents of a dependent student. is employed as a civil legal assistance attorney; and is not in default on a loan for which the borrower seeks repayment. 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; 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; 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; the Secretary may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be contrary to the public interest; and the Secretary shall make student loan payments under this section for the period of the agreement, subject to the availability of appropriations. Any amount repaid by, or recovered from, an individual under this subsection shall be credited to the appropriation account from which the amount involved was originally paid. Any amount credited under subparagraph (A) shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations, if any, as the sums with which the amount was merged. $6,000 for any borrower in any calendar year; or an aggregate total of $40,000 in the case of any borrower. Nothing in this section shall authorize the Secretary to pay any amount to reimburse a borrower for any repayments made by such borrower prior to the date on which the Secretary entered into an agreement with the borrower under this subsection. On completion of the required period of service under an agreement under subsection (d), the borrower and the Secretary may, subject to paragraph (2), enter into an additional agreement in accordance with subsection (d). An agreement entered into under paragraph (1) may require the borrower to remain employed as a civil legal assistance attorney for less than three years. 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. has practiced law for five years or less and, for not less than 90 percent of the time in such practice, has served as a civil legal assistance attorney; received repayment benefits under this section during the preceding fiscal year; and has completed less than three years of the first required period of service specified for the borrower in an agreement entered into under subsection (d). No borrower may, for the same service, receive a reduction of loan obligations under both this section and section 1078–11 or 1087e(m) of this title. The Secretary is authorized to issue such regulations as may be necessary to carry out this section. There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.