I
108TH CONGRESS
1ST SESSION
H. R. 2198
To provide funding for student loan repayment for public attorneys.
IN THE HOUSE OF REPRESENTATIVES
MAY 21, 2003
Mr. SCOTT of Georgia (for himself, Mr. LEWIS of Georgia, and Mr. WAMP)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
A BILL
To provide funding for student loan repayment for public
attorneys.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Prosecutors and De-
fenders Incentive Act’’.
SEC. 2. STUDENT LOAN REPAYMENT FOR PUBLIC ATTOR-
NEYS.
(a) IN GENERAL.—The Higher Education Act of
1965 is amended by inserting after section 428K (20
U.S.C. 1078–11) the following:
‘‘(3) STUDENT LOAN.—The term ‘student loan’
means—
‘‘(A) a loan made, insured, or guaranteed
under this part; and
‘‘(B) a loan made under part D or E.
‘‘(c) PROGRAM AUTHORIZED.—For the purpose of
encouraging qualified individuals to enter and continue
employment as prosecutors and public defenders, the Sec-
retary shall carry out a program, through the holder of
a loan, of assuming the obligation to repay (by direct pay-
ments on behalf of a borrower) a qualified loan amount
for a loan made under section 428 or 428H, in accordance
with subsection (d), for any borrower who—
‘‘(1) is employed as a prosecutor or public de-
fender; and
‘‘(2) is not in default on a loan for which the
borrower seeks forgiveness.
‘‘(d) TERMS OF AGREEMENT.—
‘‘(1) IN GENERAL.—To be eligible to receive re-
payment benefits under this section, 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 specified in the agreement (but
not less than 3 years), unless involuntarily sep-
arated from that employment;
‘‘(B) if the borrower is involuntarily sepa-
rated from that employment on account of mis-
conduct, or voluntarily separates from that em-
ployment, 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 section;
‘‘(C) if the borrower is required to repay
an amount to the Secretary under subpara-
graph (B) and fails to repay the amount de-
scribed in subparagraph (B), a sum equal to
the amount is recoverable by the Government
from the employee (or such employee’s estate, if
applicable) by such method as is provided by
law for the recovery of amounts owing to the
Government;
‘‘(D) the Secretary may waive, in whole or
in part, a right of recovery under this sub-
section if it is shown that recovery would be
against equity and good conscience or against
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 ap-
propriations.
‘‘(2) REPAYMENTS.—Any amount repaid by, or
recovered from, an individual (or an estate) under
this subsection shall be credited to the appropriation
account from which the amount involved was origi-
nally paid. Any amount so credited shall be merged
with other sums in such account and shall be avail-
able 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 payments made by the
Secretary under this section shall be made sub-
ject to such terms, limitations, or conditions as
may be mutually agreed to by the borrower con-
cerned and the Secretary in the agreement de-
scribed in this subsection, except that the
amount paid by the Secretary under this section
may not exceed—
‘‘(i) $6,000 for any borrower in any
calendar year; or
‘‘(ii) a total of $40,000 in the case of
any borrower.
‘‘(B) BEGINNING OF PAYMENTS.—Nothing
in this section shall be construed to 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 Sec-
retary entered into an agreement with the em-
ployee under this subsection.
‘‘(e) ADDITIONAL AGREEMENTS.—On completion of
the required period of service under such an agreement,
the borrower concerned and the Secretary may enter into
an additional agreement described in subsection (d) for
a successive period of service specified in the agreement
(which may be less than 3 years).
‘‘(f) AWARD BASIS; PRIORITY.—
‘‘(1) AWARD BASIS.—The Secretary shall pro-
vide repayment benefits under this section on a first-
come, first-served basis (subject to paragraph (2))
and subject to the availability of appropriations.
‘‘(2) PRIORITY.—The Secretary shall give pri-
ority in providing repayment benefits under this sec-
tion for a fiscal year to a borrower who—
‘‘(A) received repayment benefits under
this section for the preceding fiscal year; and
‘‘(B) has completed less than 3 years of
the first required period of service specified for
the borrower in an agreement entered into
under subsection (d).
‘‘(g) REGULATIONS.—The Secretary is authorized to
issue such regulations as may be necessary to carry out
the provisions of this section.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$20,000,000 for fiscal year 2004 and such sums as may
be necessary for each succeeding fiscal year.’’.
(b) CANCELLATION OF LOANS.—
(1) AMENDMENT.—Section 465(a)(2)(F) of the
Higher 
Education 
Act 
of 
1965 
(20 
U.S.C.
1087ee(a)(2)(F)) is amended by inserting ‘‘, as a
public defender (as defined in section 428L), or as
a full time Federal defender attorney employed in a
defender organization established pursuant to sub-
section (g) of section 3006A of title 18, United
States Code’’ after ‘‘agencies’’.
(2) EFFECTIVE DATE.—The amendment made
by this subsection shall apply to—
(A) eligible loans made before, on, or after
the date of enactment of this Act; and
(B) service as a prosecutor or public de-
fender that is provided on or after the date of
enactment of this Act.
(3) CONSTRUCTION.—Nothing in this sub-
section or the amendment made by this subsection
shall be construed to authorize the Secretary to pay
any amount to reimburse a borrower for any repay-
ments made by such borrower prior to the date on
which the borrower became eligible for cancellation
under section 465(a) of such Act (20 U.S.C.
1087ee(a)).
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