12 2 STA T .3 2 4 4 PUBLIC LA W 11 0– 31 5— AU G .14 , 200 8‘ ‘ (C)ifthebor ro w eri s re qu ire d to re pay a n a m ount to the S e c retary under subpara g raph ( B ) and fai l s to repay such amount , a sum equal to that amount shall be reco v er - able by the F ederal G overnment from the employee by such methods as are provided by law for the recovery of amounts owed to the Federal Government
‘‘( 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 contrary to the public interest; and ‘‘( E ) the Secretary shall ma k e student loan payments under this section for the period of the agreement, sub j ect to the availability of appropriations . ‘‘( 2 ) REPAYM E NTS . — ‘‘( A ) I N G ENE R A L .—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. ‘‘(B) M ERGER.—Any amount credited under subpara- graph (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. ‘‘( 3 ) LI MITATI O NS.— ‘‘(A) ST UD ENT 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 ),e x cept that the amount paid by the Secretary under this section shall not exceed— ‘‘(i) $6 , 0 00 for any borrower in any calendar year; or ‘‘(ii) an aggregate total of $ 4 0,000 in the case of any borrower. ‘‘(B) BEGINNING O F PAYMENTS.— N othing in this section shall authori z e 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. ‘‘(e) ADDITIONAL AGREEMENTS.— ‘‘(1) IN GENERAL.— O n completion of the required period of service under an agreement under subsection (d), the bor- rower and the Secretary may, subject to paragraph (2), enter into an additional agreement in accordance with subsection (d). ‘‘(2) T ERM.—An agreement entered into under paragraph (1) may require the borrower to remain employed as a civil legal assistance attorney for less than three years. ‘‘(f) A W ARD BASIS; P RIORITY.— ‘‘(1) AWARD B ASIS.—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 appro- priations. ‘‘(2) PRIORITY.—The Secretary shall give priority in pro- viding repayment benefits under this section in any fiscal year to a borrower who— Waiver a utho rit y.
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