Page:United States Statutes at Large Volume 122.djvu/3290

 12 2 STA T .3 2 67PUBLIC LA W 11 0– 31 5— AU G .1 4, 200 8det e rminabl e phys i c al o r mental impairment that can bee x pected to res u lt in death , has lasted f or a contin - uous period of not less than 60 months, or can be expected to last for a continuous period of not less than 60 months or ‘ ‘ ( i v) if the borro w er is determined by the S ecretary of V eterans A ffairs to be unemployable due to a service- connected disability; ’ ’; and ( B ) by addin g at the end the following

‘‘( k ) T he Secretary may develop such additional safeguards as the Secretary determines necessary to prevent fraud and abuse in the cancellation of liability under subsection (c)( 1 )( F ) .N otwith- standing subsection (c)(1)(F), the Secretary may promulgate regula- tions to resume collection on loans cancelled under subsection (c)(1)(F) in any case in which — ‘‘(1) a borrower received a cancellation of liability under subsection (c)(1)(F) and after the cancellation the borrower— ‘‘(A) receives a loan made, insured, or guaranteed under this title; or ‘‘(B) has earned income in excess of the poverty line; or ‘‘( 2 ) the Secretary determines necessary.’’. (2) EF F ECTIV E DA TE.—The amendments made by paragraph (1) shall take effect on J uly 1, 200 8 . (c) F ORB EARA N CE.—Section 4 64 (20 U .S. C . 108 7 dd) is further amended— (1) in subsection (e)— (A) in the matter preceding paragraph (1), by striking ‘‘, upon written re q uest,’’ and inserting ‘‘, as documented in accordance with paragraph (2),’’; (B) by redesignating paragraphs (1) through ( 3 )as subparagraphs (A) through (C), respectively; (C) by inserting ‘‘(1)’’ after ‘‘FORBEARANCE.—’’; and ( D ) by adding at the end the following: ‘‘(2) For the purpose of paragraph (1), the terms of forbearance agreed to by the parties shall be documented by— ‘‘(A) confirming the agreement of the borrower by notice to the borrower from the institution of higher education; and ‘‘(B) recording the terms in the borrower’s file.’’; (2) in subsection (h)(1)(A), by striking ‘‘12 ontime’’ and inserting ‘‘ 9 on-time’’; and (3) in subsection ( j )(2), by striking ‘‘(e)(3)’’ and inserting ‘‘(e)(1)(C)’’. SEC.465 .C AN CE L LA TIO N F O RPUB LIC SER V ICE. Section 46 5 (a) (20 U.S.C. 1087ee(a)) is amended— (1) in paragraph (2)— (A) by striking subparagraph (A) and inserting the following: ‘‘(A) as a full-time teacher for service in an academic year (including such a teacher employed by an educational service agency)— ‘‘(i) in a public or other nonprofit private elementary school or secondary school, which, for the purpose of this paragraph and for that year— 20USC1 0 87d d note.

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