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20 U.S.C. § 1078–12 — Loan repayment for civil legal assistance attorneys

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1078–12 — Loan repayment for civil legal assistance attorneys

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Stable record: federal_law:legal_authorities:record_usc_aff29b060d4c8775df5486e4
Source file: Laws/federal/codes/united-states-code/title-20/section-107812-loan-repayment-for-civil-legal-assistance-attorneys--dfade96f16.md
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Source location: Title 20, Chapter 28, § 1078–12; chapter-028-higher-education-resources-and-student-assistance.md

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**(a) Purpose** The purpose of this section is to encourage qualified individuals to enter and continue employment as civil legal assistance attorneys. **(b) Definitions** In this section: (1) **Civil legal assistance attorney** — The term “civil legal assistance attorney” means an attorney who— (A) is a full-time employee of— (i) a nonprofit organization that provides legal assistance with respect to civil matters to low-income individuals without a fee; or (ii) a protection and advocacy system or client assistance program that provides legal assistance with respect to civil matters and receives funding under— (I) subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.); (II) section 732 or 794e of title 29; (III) part A of title I of the Protection and Advocacy for Individuals with Mental Illness Act ([42 U.S.C. 10801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10801&num=0&edition=prelim) et seq.); (IV) [section 3004 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3004&num=0&edition=prelim); (V) [section 1320b–21 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320b–21&num=0&edition=prelim); (VI) [section 300d–53 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300d–53&num=0&edition=prelim); or (VII) [section 21061 of title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21061&num=0&edition=prelim); (B) as such employee, provides civil legal assistance as described in subparagraph (A) on a full-time basis; and (C) is continually licensed to practice law. (2) **Student loan** (A) *In general* — Except as provided in subparagraph (B), the term “student loan” means— (i) subject to clause (ii), a loan made, insured, or guaranteed under this part, part D, or part E; and (ii) a loan made under section 1078–3 or 1087e(g) of this title, to the extent that such loan was used to repay— (I) a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan; (II) a loan made under section 1078, 1078–2, or 1078–8 of this title; or (III) a loan made under part E. (B) *Exclusion of parent plus loans* — The term “student loan” does not include any of the following loans: (i) A loan made to the parents of a dependent student under [section 1078–2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-2&num=0&edition=prelim). (ii) A Federal Direct PLUS Loan made to the parents of a dependent student. (iii) A loan made under section 1078–3 or 1087e(g) of this title, to the extent that such loan was used to repay— (I) a loan made to the parents of a dependent student under [section 1078–2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-2&num=0&edition=prelim); or (II) a Federal Direct PLUS Loan made to the parents of a dependent student. **(c) Program authorized** From amounts appropriated under subsection (i) for a fiscal year, 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— (1) is employed as a civil legal assistance attorney; and (2) is not in default on a loan for which the borrower seeks repayment. **(d) Terms of agreement** (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— (A) the borrower will remain employed as a civil legal assistance attorney 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 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; (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; (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 make student loan payments under this section for the period of the agreement, subject to the availability of appropriations. (2) **Repayments** (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. (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. (3) **Limitations** (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— (i) $6,000 for any borrower in any calendar year; or (ii) an aggregate total of $40,000 in the case of any borrower. (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. **(e) Additional agreements** (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). (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 three years. **(f) Award basis; priority** (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. (2) **Priority** — The Secretary shall give priority in providing repayment benefits under this section in any fiscal year to a borrower who— (A) has practiced law for five years or less and, for not less than 90 percent of the time in such practice, has served as a civil legal assistance attorney; (B) received repayment benefits under this section during the preceding fiscal year; and (C) has completed less than three years of the first required period of service specified for the borrower in an agreement entered into under subsection (d). **(g) Ineligibility for double benefits** No borrower may, for the same service, receive a reduction of loan obligations under both this section and section 1078–11 or 1087e(m) of this title. **(h) Regulations** The Secretary is authorized to issue such regulations as may be necessary to carry out this section. **(i) Authorization of appropriations** There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15041 — Purpose

The purpose of this part is to provide for allotments to support a protection and advocacy system (referred to in this part as a “system”) in each State to protect the legal and human rights of individuals with developmental disabilities in accordance with this part.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3004 — Grants for protection and advocacy services related to assistive technology

**(a) Grants** (1) **In general** — The Secretary shall make grants under subsection (b) to protection and advocacy systems in each State for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities. (2) **General authorities** — In providing the assistance described under paragraph (1), protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.). **(b) Reservation; distribution** (1) **Reservation** — For each fiscal year, the Secretary shall reserve, from the amounts made available to carry out this section under [section 3008(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3008/b/2/B&num=0&edition=prelim), such sums as may be necessary to carry out paragraph (4). (2) **Population basis** — From the amounts appropriated to carry out this section for a fiscal year that remain after the reservation required under paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the remaining amounts as the population of the State bears to the population of all States. (3) **Minimums** — Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall— (A) in the case of a protection and advocacy system located in Amer

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3004

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10801 — Congressional findings and statement of purpose

**(a)** The Congress finds that— (1) individuals with mental illness are vulnerable to abuse and serious injury; (2) family members of individuals with mental illness play a crucial role in being advocates for the rights of individuals with mental illness where the individuals are minors, the individuals are legally competent and choose to involve the family members, and the individuals are legally incompetent and the legal guardians, conservators, or other legal representatives are members of the family; (3) individuals with mental illness are subject to neglect, including lack of treatment, adequate nutrition, clothing, health care, and adequate discharge planning; and (4) State systems for monitoring compliance with respect to the rights of individuals with mental illness vary widely and are frequently inadequate. **(b)** The purposes of this chapter are— (1) to ensure that the rights of individuals with mental illness are protected; and (2) to assist States to establish and operate a protection and advocacy system for individuals with mental illness which will— (A) protect and advocate the rights of such individuals through activities to ensure the enforcement of the Constitution and Federal and State statutes; and (B) investigate incidents of abuse and neglect of individuals with mental illness if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10801

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15001 — Findings, purposes, and policy

**(a) Findings** Congress finds that— (1) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream of United States society; (2) in 1999, there were between 3,200,000 and 4,500,000 individuals with developmental disabilities in the United States, and recent studies indicate that individuals with developmental disabilities comprise between 1.2 and 1.65 percent of the United States population; (3) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely; (4) individuals with developmental disabilities often encounter discrimination in the provision of critical services, such as services in the areas of emphasis (as defined in [section 15002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim)); (5) individuals with developmental disabilities are at greater risk than the general population of abuse, neglect, financial and sexual exploitation, and the violation of their legal and human rights; (6) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive technology, from generic and specialized service systems, and remain unserved or underserved; (7) individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of a

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15001

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 21061 — Payments for protection and advocacy systems

**(a) In general** In addition to any other payments made under this part, the Secretary of Health and Human Services shall pay the protection and advocacy system (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim))) of each State to ensure full participation in the electoral process for individuals with disabilities, including registering to vote, casting a vote and accessing polling places. In providing such services, protection and advocacy systems shall have the same general authorities as they are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.). **(b) Minimum grant amount** The minimum amount of each grant to a protection and advocacy system shall be determined and allocated as set forth in subsections (c)(1)(B), (c)(3), (c)(4), (c)(5), (e), and (g) of [section 794e of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794e&num=0&edition=prelim), except that the amount of the grants to systems referred to in subsection (c)(3)(B) 11 So in original. Probably should be followed by “of that section”. shall not be less than $70,000, and the amount of the grants to systems referred to in subsections (c)(1)(B) and (c)(4) 1 shall not be less than $35,000. **(c) Eligible grant recipients** (1) **Definition of State** — For the purposes of this section, the term “State” shall have the meaning given such term in section 102 of the Developmental Disabilities Assistance and Bi

Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 21061

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1320b–21 — State grants for work incentives assistance to disabled beneficiaries

**(a) In general** Subject to subsection (c), the Commissioner may make payments in each State to the protection and advocacy system established pursuant to part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act ([42 U.S.C. 6041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6041&num=0&edition=prelim) et seq.) 11 See References in Text note below. for the purpose of providing services to disabled beneficiaries. **(b) Services provided** Services provided to disabled beneficiaries pursuant to a payment made under this section may include— (1) information and advice about obtaining vocational rehabilitation and employment services; and (2) advocacy or other services that a disabled beneficiary may need to secure, maintain, or regain gainful employment. **(c) Application** In order to receive payments under this section, a protection and advocacy system shall submit an application to the Commissioner, at such time, in such form and manner, and accompanied by such information and assurances as the Commissioner may require. **(d) Amount of payments** (1) **In general** — Subject to the amount appropriated for a fiscal year for making payments under this section, a protection and advocacy system shall not be paid an amount that is less than— (A) in the case of a protection and advocacy system located in a State (including the District of Columbia and Puerto Rico) other than Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, the greater of— (i) $100,000; or (ii) ⅓ of 1 percent of the amount available for payments under this section; and (B) in the case of a protection and advocacy system located in Guam, American Samoa, the United States

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1320b–21

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300d–53 — State grants for protection and advocacy services

**(a) In general** The Secretary, acting through the Administrator for the Administration for Community Living, shall make grants to protection and advocacy systems for the purpose of enabling such systems to provide services to individuals with traumatic brain injury. **(b) Services provided** Services provided under this section may include the provision of— (1) information, referrals, and advice; (2) individual and family advocacy; (3) legal representation; and (4) specific assistance in self-advocacy. **(c) Application** To be eligible to receive a grant under this section, a protection and advocacy system shall submit an application to the Secretary at such time, in such form and manner, and accompanied by such information and assurances as the Secretary may require. **(d) Appropriations less than $2,700,000** (1) **In general** — With respect to any fiscal year in which the amount appropriated under subsection (l) to carry out this section is less than $2,700,000, the Secretary shall make grants from such amount to individual protection and advocacy systems within States to enable such systems to plan for, develop outreach strategies for, and carry out services authorized under this section for individuals with traumatic brain injury. (2) **Amount** — The amount of each grant provided under paragraph (1) shall be determined as set forth in paragraphs (2) and (3) of subsection (e). **(e) Appropriations of $2,700,000 or more** (1) **Population basis** — Except as provided in paragraph (2), with respect to each fiscal year in which the amount appropriated under subsection (l) to carry out this section is $2,700,000 or more, the Secretary shall make a grant to a protection and advocacy system within each State. (2) **Amount** — The amount of a grant provid

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300d–53

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10801 — Congressional findings and statement of

Page 8082 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10713 § 10713. Authorization of appropriations There are authorized to be appropriated to carry out the purposes of this chapter, $7,000,000 for each of fiscal years 2005, 2006, 2007, and 2008. Amounts appropriated for each such year are to remain available until expended. (Pub. L. 98–620, title II, § 215, Nov. 8, 1984, 98 Stat. 3346; Pub. L. 100–690, title VII, § 7321(a), Nov. 18, 1988, 102 Stat. 4466; Pub. L. 100–702, title VI, § 607, Nov. 19, 1988, 102 Stat. 4654; Pub. L. 101–162, title V, Nov. 21, 1989, 103 Stat. 1028; Pub. L. 102–572, title VIII, § 801, Oct. 29, 1992, 106 Stat. 4515; Pub. L. 108–372, § 2, Oct. 25, 2004, 118 Stat. 1754.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title II of Pub. L. 98–620, Nov. 8, 1984, 98 Stat. 3336, known as the State Justice Institute Act of 1984, which is classified principally to this chap- ter. For complete classification of title II to the Code, see Short Title note set out under section 10701 of this title and Tables. AMENDMENTS 2004—Pub. L. 108–372 amended section generally, in- serting section catchline and substituting provisions authorizing appropriations for fiscal years 2005 to 2008 for provisions authorizing appropriations for fiscal years 1993 to 1996. 1992—Pub. L. 102–572 amended section generally. Prior to amendment, section authorized appropriations of $15,000,000 for each of fiscal years 1989, 1990, 1991, and 1992. 1989—Pub. L. 101–162 repealed Pub. L. 100–702, § 607, and revived Pub. L. 100–690, § 7321(a). See 1988 Amend- ment notes below. 1988—Pub. L. 100–702, § 607, which amended section generally, substituting appropriations authorization of $15,000,000 fo

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10801

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15041 — Purpose

Page 8681 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15042 court the record of the proceedings on which the Secretary based the action, as provided in sec- tion 2112 of title 28. (c) Jurisdiction Upon the filing of the petition, the court shall have jurisdiction to affirm the action of the Sec- retary or to set the action aside, in whole or in part, temporarily or permanently. Until the fil- ing of the record, the Secretary may modify or set aside the order of the Secretary relating to the action. (d) Findings and remand The findings of the Secretary about the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case involved to the Secretary for further proceedings to take further evidence. On remand, the Secretary may make new or modified findings of fact and may modify the previous action of the Secretary, and shall file with the court the record of the further pro- ceedings. Such new or modified findings of fact shall likewise be conclusive if supported by sub- stantial evidence. (e) Finality The judgment of the court affirming or setting aside, in whole or in part, any action of the Sec- retary shall be final, subject to review by the Supreme Court of the United States upon certio- rari or certification as provided in section 1254 of title 28. (f) Effect The commencement of proceedings under this section shall not, unless so specifically ordered by a court, operate as a stay of the Secretary’s action. (Pub. L. 106–402, title I, § 128, Oct. 30, 2000, 114 Stat. 1711.) § 15029. Authorization of appropriations (a) Funding for State allotments Except as described in subsection (b), there are authorized to be appropriated for allotments under section 15022 of this title $76,

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 15041

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