Page:United States Statutes at Large Volume 122.djvu/3494

 12 2 STA T .347 1 PUBLIC LA W 11 0– 31 5— AU G .14 , 200 8‘ ‘ (i i )alo a nm a deu nde rp ar tD or E o f title IV oft h e H i g her Edu c ation A ct of 1965 ( 20U.S . C . 10 87 a et s e q . and 1087aa et seq.) and ‘‘(iii) a loan made under section 4 28C or 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1078 –3 and 1087e(g)). ‘‘( B )E XCLUSION O FPARE N T PLUS LOANS. —T he term ‘student loan ’ does not include an y of the follo w ing loans

‘‘(i) A loan made to the parents of a dependent student under section 428B of the Higher Education Act of 1965 (20 U.S.C. 1078–2). ‘‘(ii) A F ederal Direct PL US Loan made to the parents of a dependent student. ‘‘(iii) A loan made under section 428C or 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1078– 3 and 1087e(g)) to the e x tent that such loan was used to repay a loan descri b ed in clause (i) or (ii). ‘‘(c) PRO G RA M AUT H ORI Z E D .—The Attorney G eneral shall estab - lish a program by which the Department of J ustice shall assume 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 prosecutor or public defender; and ‘‘(2) is not in default on a loan for which the borrower see k s forgi v eness. ‘‘(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 that specifies that— ‘‘(A) the borrower will remain employed as a prosecutor or public defender 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 sepa- rates from employment, before the end of the period speci- fied in the agreement, the borrower will repay the Attorney General the amount of any benefits received by such employee under this section; ‘‘(C) if the borrower is required to repay an amount to the Attorney General 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 (or such employee’s estate, if applicable) by such methods as are provided by law for the recovery of amounts owed to the Federal Government; ‘‘(D) the Attorney General may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest; and ‘‘(E) the Attorney General shall make student loan payments under this section for the period of the agree- ment, sub j ect to the availability of appropriations. ‘‘(2) R EPA Y MENTS.— ‘‘(A) IN GENERAL.—Any amount repaid by, or recovered from, an individual or the estate of an individual under this subsection shall be credited to the appropriation

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