Page:United States Statutes at Large Volume 115 Part 1.djvu/587

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PUBLIC LAW 107-68—NOV. 12, 2001 115 STAT. 565 (d) Loss OF ELIGIBILITY FOR STUDENT LOAN PAYMENTS AND OBLIGATION TO REIMBURSE. — (1) IN GENERAL. —An employee shall not be eligible for continued student loan pa3mtients under a service agreement under this section and (except in a case in which an employee's duty is terminated under paragraph (2) or an employing office assumes responsibilities under paragraph (3)) shall reimburse the Senate for the amount of all student loan payments made on behalf of the employee under the agreement, if, before the employee completes the required period of employment specified in the agreement— (A) the employee voluntarily separates from service with the employing office; (B) the employee engages in misconduct or does not maintain an acceptable level of performance, as determined by the head of the employing office; or (C) the employee violates any condition of the agreement. (2) TERMINATION OF AGREEMENT.— The duty of an eligible employee to fulfill the required period of employment under the service agreement shall be terminated if— (A) funds are not made available to cover the cost of the student loan repayment program carried out under this section; or (B) the employee and the head of the employing office involved mutually agree to terminate the service agreement under subsection (f)(7). (3) ANOTHER EMPLOYING OFFICE.— An employing office who hires an eligible employee during a required period of employ- ment under such a service agreement may assume the remaining obligations (as of the date of the hiring) of the employee's prior employing office under the agreement. (4) FAILURE OF EMPLOYEE TO REIMBURSE. — If an eligible employee fails to reimburse the Senate for the amount owed under paragraph (1), such amount shall be collected— (A) under section 104(c) of the Legislative Appropriation Act, 1977 (2 U.S.C. 60c-2a(c)) or section 5514 of title 5, United States Code, if the eligible employee is employed by any other office of the Senate or agency of the Federal Government; or (B) under other applicable provisions of law if the eligible employee is not employed by any other office of the Senate or agency of the Federal Government. (5) CREDITING OF AMOUNTS. —Any amount repaid by, or recovered from, an eligible employee under this section shall be credited to the subaccount for the employing office from which the amount involved was originally paid. Any amount so credited shall be merged with other sums in such subaccount for the employing office and shall be available for the same purposes, and subject to the same limitations (if any), as the sums with which such amount is merged. (e) RECORDS AND REPORTS.— (1) IN GENERAL.— Not later than January 1, 2003, and Deadlines. each January 1 thereafter, the Secretary shall prepare and submit to the Committee on Rules and Administration of the Senate and the Committee on Appropriations of the Senate,