Page:United States Statutes at Large Volume 122.djvu/3266

 12 2 STA T .3 2 4 3 PUBLIC LA W 11 0– 31 5— AU G .14 , 200 8‘ ‘ (V)section1 1 50 o f t h e S oci al Sec ur it yA ct ( 42U. S. C .1 3 20 b– 21) ‘‘(V I ) section 1253 of the P ublic H ealth Ser v ice Act (42 U.S.C. 300 d –53); or ‘‘(VII) section 2 9 1 of theHel p A m erica Vote Act of 2002 (42 U.S.C. 154 6 1); ‘‘( B ) as such employee , provides civil le g al assistance as described in subparagraph (A) on a full - time basis; and ‘‘(C) is continually licensed to practice la w. ‘‘(2) S TUDEN T LOA N. — ‘‘(A) IN G ENE R AL.— Ex cept as provided in subparagraph (B), the term ‘student loan ’ means— ‘‘(i) sub j ect to clause (ii), a loan made, insured, or guaranteed under this part, part D , orpartE; and ‘‘(ii) a loan made under section 42 8 C or 455(g), to the extent that such loan was used to repay— ‘‘(I) a F ederal Direct Stafford L oan, a Federal Direct Unsubsidi z ed Stafford Loan, or a Federal Direct PLUS Loan; ‘‘(II) a loan made under section 428, 428B, or 428H; or ‘‘(III) a loan made under part E. ‘‘(B) E XC LU SI ONO FP ARENT PLUS LOANS.— T he term ‘student loan’ does not include any of the following loans

‘‘(i) A loan made to the parents of a dependent student under section 428B. ‘‘(ii) A Federal Direct PLUS Loan made to the parents of a dependent student. ‘‘(iii) A loan made under section 428C or 455(g), to the extent that such loan was used to repay— ‘‘(I) a loan made to the parents of a dependent student under section 428B; or ‘‘(II) a Federal Direct PLUS Loan made to the parents of a dependent student. ‘‘(c) PROGRA M AUT H ORI Z ED.—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— ‘‘(1) is employed as a civil legal assistance attorney; and ‘‘(2) is not in default on a loan for which the borrower see k s repayment. ‘‘(d) TERMS OF AGREEMENT.— ‘‘(1) IN GENERAL.—To be eligible to receive repayment bene- fits 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 re q uired 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 sepa- rates from employment, before the end of the period speci- fied in the agreement, the borrower will repay the Secretary the amount of any benefits received by such employee under this agreement;

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