S 1167 ISCommentsClose CommentsPermalink

To amend the Higher Education Act of 1965 in order to provide funding for student loan repayment for civil legal assistance attorneys.CommentsClose CommentsPermalink

April 19, 2007

Mr. HARKIN introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsCommentsClose CommentsPermalink

To amend the Higher Education Act of 1965 in order to provide funding for student loan repayment for civil legal assistance attorneys.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Civil Legal Assistance Attorney Loan Repayment Act'.CommentsClose CommentsPermalink

SEC. 2. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTORNEYS.

Part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) is amended by inserting after section 428K the following:CommentsClose CommentsPermalink

`SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTORNEYS.

`(a) Purpose- The purpose of this section is to encourage qualified individuals to enter and continue employment as civil legal assistance attorneys.CommentsClose CommentsPermalink





`(b) Definitions- In this section:CommentsClose CommentsPermalink





`(1) CIVIL LEGAL ASSISTANCE ATTORNEY- The term `civil legal assistance attorney' means an attorney who--CommentsClose CommentsPermalink





`(A) is a full-time employee of a nonprofit organization that provides legal assistance with respect to civil matters to low-income individuals without a fee;CommentsClose CommentsPermalink





`(B) as such employee, provides civil legal assistance as described in subparagraph (A) on a full-time basis; andCommentsClose CommentsPermalink





`(C) is continually licensed to practice law.CommentsClose CommentsPermalink





`(2) STUDENT LOAN- The term `student loan' means--CommentsClose CommentsPermalink





`(A) subject to subparagraph (B), a loan made, insured, or guaranteed under part B, D, or E of this title; andCommentsClose CommentsPermalink





`(B) a loan made under section 428C or 455(g), to the extent that such loan was used to repay--CommentsClose CommentsPermalink





`(i) a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan;CommentsClose CommentsPermalink





`(ii) a loan made under section 428, 428B, or 428H; orCommentsClose CommentsPermalink





`(iii) a loan made under part E.CommentsClose CommentsPermalink





`(c) Program Authorized- 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--CommentsClose CommentsPermalink





`(1) is employed as a civil legal assistance attorney; andCommentsClose CommentsPermalink





`(2) is not in default on a loan for which the borrower seeks repayment.CommentsClose CommentsPermalink





`(d) Terms of Agreement-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) the borrower will remain employed as a civil legal assistance attorney for a required period of service of not less than 3 years, unless involuntarily separated from that employment;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(D) the Secretary 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; andCommentsClose CommentsPermalink





`(E) the Secretary shall make student loan payments under this section for the period of the agreement, subject to the availability of appropriations.CommentsClose CommentsPermalink





`(2) REPAYMENTS-CommentsClose CommentsPermalink





`(A) IN GENERAL- 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.CommentsClose CommentsPermalink





`(B) MERGER- 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.CommentsClose CommentsPermalink





`(3) LIMITATIONS-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) $6,000 for any borrower in any calendar year; orCommentsClose CommentsPermalink





`(ii) an aggregate total of $40,000 in the case of any borrower.CommentsClose CommentsPermalink





`(B) BEGINNING OF PAYMENTS- 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.CommentsClose CommentsPermalink





`(e) Additional Agreements-CommentsClose CommentsPermalink





`(1) IN GENERAL- 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).CommentsClose CommentsPermalink





`(2) TERM- An agreement entered into under paragraph (1) may require the borrower to remain employed as a civil legal assistance attorney for less than 3 years.CommentsClose CommentsPermalink





`(f) Award Basis; Priority-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) PRIORITY- The Secretary shall give priority in providing repayment benefits under this section in any fiscal year to a borrower who--CommentsClose CommentsPermalink





`(A) has practiced law for 5 years or less and, for at least 90 percent of the time in such practice, has served as a civil legal assistance attorney;CommentsClose CommentsPermalink





`(B) received repayment benefits under this section during the preceding fiscal year; andCommentsClose CommentsPermalink





`(C) has completed less than 3 years of the first required period of service specified for the borrower in an agreement entered into under subsection (d).CommentsClose CommentsPermalink





`(g) Regulations- The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section.CommentsClose CommentsPermalink





`(h) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2008 and such sums as may be necessary for each succeeding fiscal year.'.CommentsClose CommentsPermalink