12 2 STA T .475 5 PUBLIC LA W 11 0– 417 —O CT. 14 , 200 8(B)tomain tain e n r o l lment an d attendan c eina p ro -g ram o f ed u cation de s cri b ed in subsection (b)( 2 ) until suc h indi v idual completes such program
( C ) w hile enrolled in such program , to maintain satis- factor y academic progress in such program, as determined by the institution of higher education in which such indi- vidual is enrolled; and ( D ) after completion of such program, to serve as a full-time employee in a nonproliferation or national security position in the Department of E nergy or at a laboratory of the Department for a period of not less than 1 2 months for each school year or part of a school year for which such individual receives a scholarship or fellowship under the program established under this section . ( 3 ) T he agreement of such individual with respect to the repayment re q uirements specified in subsection (d). (d) REPAYM E NT . — (1) I N G ENE R A L .— A n individual receiving a scholarship or fellowship under the program established under this section shall agree to pay to the U nited S tates the total amount of educational assistance provided to such individual under such program, plus interest at the rate prescribed by paragraph ( 4 ), if such individual— (A) does not complete the program of education agreed to pursuant to subsection (c)(2)(B); (B) completes such program of education but declines to serve in a position in the Department of Energy or at a laboratory of the Department as agreed to pursuant to subsection (c)(2)(D); or (C) is voluntarily separated from service or involun- tarily separated for cause from the Department of Energy or a laboratory of the Department before the end of the period for which such individual agreed to continue in the service of the Department pursuant to subsection (c)(2)(D). (2) F A I L U RET O REPAY.—If an individual who received a scholarship or fellowship under the program established under this section is required to repay, pursuant to an agreement under paragraph (1), the total amount of educational assistance provided to such individual under such program, plus interest at the rate prescribed by paragraph (4), and fails repay such amount, a sum equal to such amount (plus such interest) is recoverable by the United States G overnment from such indi- vidual or the estate of such individual by— (A) in the case of an individual who is an employee of the United States Government, setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; or (B) such other method as is provided by law for the recovery of amounts owed to the Government. (3) W AI V ERO F REPAYMENT.—The Administrator may waive, in whole or in part, repayment by an individual under this subsection if the Administrator determines that see k ing recovery under paragraph (2) would be against equity and good conscience or would be contrary to the best interests of the United States.
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