View all text of Subchapter XXXV [§ 10671 - § 10671]
§ 10671. Grant authorization
(a) Purpose
(b) DefinitionsIn this section:
(1) ProsecutorThe term “prosecutor” means a full-time employee of a State or unit of local government who—
(A) is continually licensed to practice law; and
(B) prosecutes criminal or juvenile delinquency cases at the State or unit of local government level (including supervision, education, or training of other persons prosecuting such cases).
(2) Public defenderThe term “public defender” means an attorney who—
(A) is continually licensed to practice law; and
(B) is—
(i) a full-time employee of a State or unit of local government who provides legal representation to indigent persons in criminal or juvenile delinquency cases (including supervision, education, or training of other persons providing such representation);
(ii) a full-time employee of a nonprofit organization operating under a contract with a State or unit of local government, who devotes substantially all of the employee’s full-time employment to providing legal representation to indigent persons in criminal or juvenile delinquency cases (including supervision, education, or training of other persons providing such representation); or
(iii) employed as a full-time Federal defender attorney in a defender organization established pursuant to subsection (g) of section 3006A of title 18 that provides legal representation to indigent persons in criminal or juvenile delinquency cases.
(3) Student loan
(A) In generalExcept as provided in subparagraph (B), the term “student loan” means—
(i) a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.);
(ii) a loan made under part D or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq. and 1087aa et seq.); and
(iii) a loan made under section 428C or 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1078–3 and 1087e(g)).
(B) Exclusion of parent PLUS loansThe term “student loan” does not include any of the following loans:
(i) A loan made to the parents of a dependent student under section 428B of the Higher Education Act of 1965 (20 U.S.C. 1078–2).
(ii) A Federal Direct PLUS Loan made to the parents of a dependent student.
(iii) A loan made under section 428C or 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1078–3 and 1087e(g)) to the extent that such loan was used to repay a loan described in clause (i) or (ii).
(c) Program authorizedThe Attorney General shall establish a program by which the Department of Justice shall assume 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 prosecutor or public defender; and
(2) is not in default on a loan for which the borrower seeks forgiveness.
(d) Terms of agreement
(1) In generalTo be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written agreement that specifies that—
(A) the borrower will remain employed as a prosecutor or public defender 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 Attorney General the amount of any benefits received by such employee under this section;
(C) if the borrower is required to repay an amount to the Attorney General 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 (or such employee’s estate, if applicable) by such methods as are provided by law for the recovery of amounts owed to the Federal Government;
(D) the Attorney General 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; and
(E) the Attorney General 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
(B) Merger
(3) Limitations
(A) Student loan payment amountStudent loan repayments made by the Attorney General under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed upon by the borrower and the Attorney General in an agreement under paragraph (1), except that the amount paid by the Attorney General under this section shall not exceed—
(i) $10,000 for any borrower in any calendar year; or
(ii) an aggregate total of $60,000 in the case of any borrower.
(B) Beginning of payments
(e) Additional agreements
(1) In general
(2) Term
(f) Award basis; priority
(1) Award basisSubject to paragraph (2), the Attorney General shall provide repayment benefits under this section—
(A) giving priority to borrowers who have the least ability to repay their loans, except that the Attorney General shall determine a fair allocation of repayment benefits among prosecutors and public defenders, and among employing entities nationwide; and
(B) subject to the availability of appropriations.
(2) PriorityThe Attorney General shall give priority in providing repayment benefits under this section in any fiscal year to a borrower who—
(A) received repayment benefits under this section during the preceding fiscal year; and
(B) 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) Regulations
(h) Report by Inspector GeneralNot later than three years after August 14, 2008, the Inspector General of the Department of Justice shall submit to Congress a report on—
(1) the cost of the program authorized under this section; and
(2) the impact of such program on the hiring and retention of prosecutors and public defenders.
(i) GAO study
(j) Authorization of appropriations
(Pub. L. 90–351, title I, § 3001, as added Pub. L. 110–315, title IX, § 952, Aug. 14, 2008, 122 Stat. 3470.)