I 
110TH CONGRESS 
1ST SESSION 
H. R. 893 
To provide for loan repayment for prosecutors and public defenders. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2007 
Mr. POE introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To provide for loan repayment for prosecutors and public 
defenders. 
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 ‘‘John R. Justice Pros-
ecutors and Defenders Incentive Act of 2007’’. 
SEC. 2. LOAN REPAYMENT FOR PROSECUTORS AND DE-
FENDERS. 
Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 
by adding at the end the following: 
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‘‘PART JJ—LOAN REPAYMENT FOR 
PROSECUTORS AND PUBLIC DEFENDERS 
‘‘SEC. 3111. GRANT AUTHORIZATION. 
‘‘(a) PURPOSE.—The purpose of this section is to en-
courage qualified individuals to enter and continue em-
ployment as prosecutors and public defenders. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) PROSECUTOR.—The term ‘prosecutor’ 
means a full-time employee of a State or local agen-
cy who— 
‘‘(A) is continually licensed to practice law; 
and 
‘‘(B) prosecutes criminal cases at the State 
or local level. 
‘‘(2) PUBLIC DEFENDER.—The term ‘public de-
fender’ means an attorney who— 
‘‘(A) is continually licensed to practice law; 
and 
‘‘(B) is— 
‘‘(i) a full-time employee of a State or 
local agency or a nonprofit organization 
operating under a contract with a State or 
unit of local government, that provides 
legal representation to indigent persons in 
criminal cases; or 
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‘‘(ii) employed as a full-time Federal 
defender attorney in a defender organiza-
tion established pursuant to subsection (g) 
of section 3006A of title 18, United States 
Code, that provides legal representation to 
indigent persons in criminal cases. 
‘‘(3) STUDENT LOAN.—The term ‘student loan’ 
means— 
‘‘(A) a loan made, insured, or guaranteed 
under part B of title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1071 et seq.), 
excluding a loan under section 428C of such 
Act, except as provided under subparagraph 
(C); 
‘‘(B) 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.), 
excluding a loan under section 455(g) of such 
Act, except as provided under subparagraph 
(C); and 
‘‘(C) 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 Federal Di-
rect Stafford Loan, a Federal Direct Unsub-
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sidized Stafford Loan, or a loan made under 
section 428 or 428H of such Act. 
‘‘(c) PROGRAM AUTHORIZED.—The Attorney General 
shall establish a program by which the Department of Jus-
tice 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 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 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 3 years, unless 
involuntarily separated from that employment; 
‘‘(B) if the borrower is involuntarily sepa-
rated from employment on account of mis-
conduct, or voluntarily separates from employ-
ment, before the end of the period specified in 
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the agreement, the borrower will repay the At-
torney General the amount of any benefits re-
ceived by such employee under this section; 
‘‘(C) if the borrower is required to repay 
an amount to the Attorney General under sub-
paragraph (B) and fails to repay such amount, 
a sum equal to that amount shall be recoverable 
by the Federal Government from the borrower 
(or such borrower’s estate, if applicable) by 
such methods as are provided by law for the re-
covery of amounts owed to the Federal Govern-
ment; 
‘‘(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 stu-
dent loan payments under this section for the 
period of the agreement, subject to the avail-
ability of appropriations. 
‘‘(2) REPAYMENTS.— 
‘‘(A) IN
GENERAL.—Any amount repaid 
by, or recovered from, a borrower or the estate 
of a borrower under this subsection shall be 
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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 avail-
able for the same purposes and period, and sub-
ject 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 Attorney General under this section shall be 
made subject to such terms, limitations, or con-
ditions as may be mutually agreed upon by the 
borrower and the Attorney General in an agree-
ment 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.—Nothing 
in this section shall authorize the Attorney Gen-
eral to pay any amount to reimburse a borrower 
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for any repayments made by such borrower 
prior to the date on which the Attorney General 
entered into an agreement with the borrower 
under this subsection. 
‘‘(e) ADDITIONAL AGREEMENTS.— 
‘‘(1) IN GENERAL.—On completion of the re-
quired period of service under an agreement under 
subsection (d), the borrower and the Attorney Gen-
eral may, subject to paragraph (2), enter into an ad-
ditional agreement in accordance with subsection 
(d). 
‘‘(2) TERM.—An agreement entered into under 
paragraph (1) may require the borrower to remain 
employed as a prosecutor or public defender for less 
than 3 years. 
‘‘(f) AWARD BASIS; PRIORITY.— 
‘‘(1) AWARD BASIS.—Subject to paragraph (2), 
the Attorney General shall provide repayment bene-
fits under this section on a first-come, first-served 
basis, and subject to the availability of appropria-
tions. 
‘‘(2) PRIORITY.—The Attorney General shall 
give priority in providing repayment benefits under 
this section in any fiscal year to a borrower who— 
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‘‘(A) received repayment benefits under 
this section during 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 Attorney General is au-
thorized 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 
$25,000,000 for fiscal year 2008 and such sums as may 
be necessary for each succeeding fiscal year.’’. 
Æ 
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