[House Report 110-148]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-148
======================================================================
JOHN R. JUSTICE PROSECUTORS AND DEFENDERS INCENTIVE ACT OF 2007
_______
May 14, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 916]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 916) to provide for loan repayment for prosecutors and
public defenders, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 4
Background and Need for the Legislation.......................... 4
Hearings......................................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority and Tax Expenditures........................ 6
Congressional Budget Office Cost Estimate........................ 6
Performance Goals and Objectives................................. 7
Constitutional Authority Statement............................... 7
Advisory on Earmarks............................................. 7
Section-by-Section Analysis...................................... 8
Changes in Existing Law Made by the Bill, as Reported............ 9
Additional Views................................................. 12
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John R. Justice Prosecutors and
Defenders Incentive Act of 2007''.
SEC. 2. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS.
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:
``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS
``SEC. 3111. GRANT AUTHORIZATION.
``(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment 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 agency who--
``(A) is continually licensed to practice law; and
``(B) prosecutes criminal or juvenile delinquency
cases (or both) at the State or local level, including
an employee who supervises, educates, or trains other
persons prosecuting such cases.
``(2) Public defender.--The 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
local agency who provides legal representation
to indigent persons in criminal or juvenile
delinquency cases (or both), including an
attorney who supervises, educates, or trains
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 such full-time employment
to providing legal representation to indigent
persons in criminal or juvenile delinquency
cases (or both), including an attorney who
supervises, educates, or trains 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, United States Code,
that provides legal representation to indigent
persons in criminal or juvenile delinquency
cases (or both).
``(3) Student loan.--The term `student loan' means--
``(A) 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.);
``(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.); 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 Direct Stafford Loan, a Federal Direct
Unsubsidized Stafford Loan, or a loan made under
section 428 or 428H of such Act.
``(c) Program Authorized.--The Attorney General shall, subject to
the availability of appropriations, 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 Loan Repayment.--
``(1) Borrower agreement.--To be eligible to receive
repayment benefits under subsection (c), a borrower shall enter
into a written agreement with the Attorney General 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 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;
and
``(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.
``(2) Repayment by borrower.--
``(A) In general.--Any amount repaid by, or
recovered from, an individual or the estate of 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.
``(C) Waiver.--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.
``(3) Limitations.--
``(A) Student loan payment amount.--Student loan
repayments made by the Attorney General under this
section shall be made subject to the availability of
appropriations, and 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.--Nothing in this
section shall authorize the Attorney General to pay any
amount to reimburse a borrower 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 required period of
service under an agreement under subsection (d), the borrower
and the Attorney General 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 prosecutor or
public defender for less than 3 years.
``(f) Award Basis; Priority.--
``(1) Award basis.--The Attorney General shall provide
repayment benefits under this section--
``(A) subject to the availability of
appropriations; and
``(B) in accordance with paragraph (2), except that
the Attorney General shall determine a fair allocation
of repayment benefits among prosecutors and defenders,
and among employing entities nationwide.
``(2) Priority.--In providing repayment benefits under this
section in any fiscal year, the Attorney General shall give
priority to borrowers--
``(A) who, when compared to other eligible
borrowers, have the least ability to repay their
student loans (considering whether the borrower is the
beneficiary of any other student loan repayment
program), as determined by the Attorney General; or
``(B) who--
``(i) received repayment benefits under
this section during the preceding fiscal year;
and
``(ii) have 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 authorized to issue
such regulations as may be necessary to carry out the provisions of
this section.
``(h) Report by Inspector General.--Not later than 3 years after
the date of the enactment of this section, 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.--Not later than one year after the date of the
enactment of this section, the Comptroller General shall conduct a
study of, and report to Congress on, the impact that law school
accreditation requirements and other factors have on the costs of law
school and student access to law school, including the impact of such
requirements on racial and ethnic minorities.
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of the
fiscal years 2008 through 2013.''.
Purpose and Summary
For our Nation's criminal justice system to function
effectively, it is critical that there be a sufficient number
of dedicated and competent attorneys working as prosecutors and
public defenders. As a result of the escalating cost of law
school education and competitive salaries in the private
sector, however, prosecutor and public defender offices are
encountering serious difficulties recruiting and retaining
qualified attorneys. H.R. 916, the ``John R. Justice
Prosecutors and Defenders Incentive Act of 2007,'' responds to
this problem by establishing a targeted student loan repayment
assistance program. This program will provide a meaningful
incentive that will serve to recruit and retain qualified
attorneys in the criminal justice system.
Background and Need for the Legislation
According to the 2005 National Survey of Prosecutors
conducted by the Bureau of Justice Statistics, 24 percent of
State and local prosecutor offices had difficulty recruiting
new attorneys, and 35 percent had difficulty retaining
attorneys. These problems are particularly severe in large
prosecutor offices. More than 60 percent of prosecutor offices
that serve populations of 250,000 or more reported problems
with attorney retention.
The same concerns apply to public defender offices. State
and local governments are obligated to provide indigent defense
services in order to satisfy criminal defendants'
constitutional right to counsel. A survey administered by Equal
Justice Works and the National Legal Aid & Defender Association
in 2002, however, found that more than 60 percent of public
interest law employers, including State and local public
defender offices, reported difficulty in attorney recruitment
and retention.
When prosecutor and public defender offices are unable to
recruit attorneys or retain experienced ones, the criminal
justice system is undermined. Staff shortages may force offices
to decline new cases, or may force existing staff to take on
unmanageable workloads. This works to the detriment of the
criminal justice system in a number of ways. It may result in
lengthy and unnecessary delays; it may risk some cases being
mishandled by inexperienced or overworked attorneys; it may
result in innocent individuals remaining incarcerated while
their cases wait to be processed; and it may result in guilty
individuals being released as a result of case backlogs. H.R.
916, the ``John R. Justice Prosecutors and Defenders Incentive
Act of 2007,'' addresses these problems by establishing, within
the Justice Department, a student loan repayment assistance
program for attorneys who agree to remain employed for at least
3 years as State or local criminal prosecutors, or as Federal,
State, or local public defenders in criminal cases. The bill
permits these attorneys to enter into subsequent agreements,
after the required 3-year minimum period, for additional
periods of service.
The bill provides repayment assistance for student loans
made, insured, or guaranteed under the Higher Education Act of
1965. It authorizes the Attorney General to make direct
payments of up to $10,000 per year to a lender on behalf of a
prosecutor or defender borrower. The maximum aggregate value of
payments made on behalf of a borrower is limited to $60,000.
H.R. 916 is named after the late John Justice, who served as a
solicitor for the Sixth Judicial Circuit in South Carolina, and
as president of the National District Attorneys Association.
Mr. Justice was a strong supporter of student loan repayment
assistance programs for public sector attorneys.
Hearings
The Committee's Subcommittee on Crime, Terrorism, and
Homeland Security held 1 day of hearings on H.R. 916, on
Tuesday, April 24, 2007. Testimony was received from Laurie
Robinson, Director, Master of Science Program, Department of
Criminology University of Pennsylvania; Douglas H. Palmer,
Mayor of Trenton, New Jersey and President of the United States
Conference of Mayors; Edmund H. Mosca, Chief of Police, Old
Saybrook Department of Police Services, Old Saybrook,
Connecticut; Kamala D. Harris, District Attorney, City of San
Francisco, California; Mark Epley, Senior Counsel, Office of
the Deputy Attorney General, United States Department of
Justice; and John Monaghan, Consultant, New York City Law
Department.
Committee Consideration
On April 26, 2007, the Subcommittee on Crime, Terrorism,
and Homeland Security met in open session and ordered the bill,
H.R. 916, favorably reported, by voice vote, a quorum being
present. On May 2, 2007, the Committee met in open session and
ordered the bill, H.R. 916, favorably reported with an
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 916.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 916, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 7, 2007.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 916, the John R.
Justice Prosecutors and Defenders Incentive Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 916--John R. Justice Prosecutors and Defenders Incentive Act of
2007.
SUMMARY
H.R. 916 would authorize the appropriation of $25 million
for each of fiscal years 2008 through 2013 for the Department
of Justice to establish a program to repay student loans for
certain prosecutors and public defenders who agree to serve for
at least three years in those positions. Assuming appropriation
of the authorized amounts, CBO estimates that implementing the
bill would cost $83 million over the 2008-2012 period, with
additional amounts spent in later years. Enacting H.R. 916
would not affect direct spending or revenues.
H.R. 916 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
governments.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 916 is shown in the
following table. For this estimate, CBO assumes that the
amounts authorized by the bill will be appropriated by the
beginning of each fiscal year. For this estimate, CBO assumes
that outlays will follow the historical rate of spending for
similar programs. The cost of this legislation falls within
budget function 750 (administration of justice).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Authorization Level 25 25 25 25 25
Estimated Outlays 6 13 17 22 25
----------------------------------------------------------------------------------------------------------------
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 916 contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on State,
local, or tribal governments.
PREVIOUS CBO ESTIMATE
On March 9, 2007, CBO transmitted a cost estimate for S.
442, the John R. Justice Prosecutors and Defenders Incentive
Act of 2007, as ordered reported by the Senate Committee on the
Judiciary on March 1, 2007. That bill would authorize the
appropriation of $25 million for fiscal year 2008 and such sums
as may be necessary for each subsequent year for the loan
repayment program. CBO estimated that implementing S. 442 would
cost about $90 million over the 2008-2012 period.
ESTIMATE PREPARED BY:
Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Melissa Merrell
(225-3220)
Impact on the Private Sector: Jacob Kuipers (226-2960)
ESTIMATE APPROVED BY:
Peter H. Fontaine
Deputy Assistant Director for Budget Analysis
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
goal of H.R. 916 is to provide a meaningful incentive to
recruit and retain qualified and experienced prosecutors and
public defenders who can serve the criminal justice system.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8 of the Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 916 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short Title. Section 1 sets forth the short title
of the bill as the ``John R. Justice Prosecutors and Defenders
Incentive Act of 2007.''
Sec. 2. Loan Repayment for Prosecutors and Defenders.
Section 2 adds new section 3111 to title I of the Omnibus Crime
Control and Safe Streets Act of 1968 for the purpose of
authorizing grants for student loan repayment assistance for
prosecutors and public defenders. Section 3111(a) explains that
the purpose of this section is to encourage qualified
individuals to enter and continue employment as prosecutors and
public defenders.
Section 3111(b) defines ``prosecutor'' and ``public
defender'' to include full-time employees of state or local
agencies who: (1) are continually licensed to practice law; and
(2) prosecute criminal cases or provide legal representation to
indigent persons in criminal cases.
The definition of ``public defender'' includes full-time
employees of a non-profit organization operating under a
contract with a state or local government that provides
indigent criminal defense services; numerous communities across
the Nation, including New York City, Philadelphia, Seattle,
Detroit, and Louisville, contract out the bulk of their
indigent defense services to non-profit organizations.
Section 3111(c) authorizes the Attorney General to
establish a program through which the Justice Department makes
direct payments on behalf of an individual prosecutor or public
defender to the lender, provided the individual is not in
default on the loan, and subject to the Act's other
requirements.
Section 3111(d) sets forth the terms of the requisite
written agreement that an individual must enter into in order
to be eligible to receive repayment benefits. These terms
include a commitment by the individual to remain employed as a
prosecutor or public defender for not less than 3 years. An
agreement with a required period of service for more than 3
years is permissible if mutually acceptable. The individual
must also agree that if he or she is involuntarily separated
from employment on account of misconduct or voluntarily
separates before the end of the period specified in the
agreement, the individual will repay the Attorney General any
benefits received pursuant to the agreement. The Attorney
General may waive, in whole or in part, a right of recovery if
it would be against equity and good conscience or against the
public interest. Student loan repayments under this section are
limited to $10,000 for an individual per year with an aggregate
maximum of $60,000 per individual.
Section 3111(e) provides that upon the completion of an
individual's first required period of service under such
agreement, the individual may enter into an additional
agreement. This subsequent agreement may be for less than 3
years, although loan repayments under an additional agreement
remain limited to a maximum of $10,000 per individual per year,
with an aggregate maximum of $60,000 per individual.
Section 3111(f) sets out the criteria pursuant to which the
Attorney General may award loan repayment benefits under the
program. The provision requires the Attorney General to
allocate repayment benefits fairly among prosecutors and public
defenders, and among employing offices nationwide. It also
mandates that the Attorney General give priority to those
borrowers who have the least ability to repay their student
loans.
Section 3111(g) authorizes the Attorney General to issue
regulations as necessary to carry out the provisions of this
Act.
Section 3111(h) requires the Justice Department's Inspector
General to report to Congress within 3 years from the date of
the Act's enactment on the impact of the loan repayment program
on the hiring and retention of prosecutors and public
defenders.
Section 3111(i) requires the Comptroller General to conduct
a study of, and report back to Congress on, the impact of law
school accreditation requirements on the cost of law school and
student access to law school within 1 year after the date of
the Act's enactment.
Subsection (j) authorizes the appropriation of $25 million
per year for fiscal years 2008 through 2013 for the purpose of
implementing this Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
OMNIBUS CRIME CONTROL AND
SAFE STREETS ACT OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS
SEC. 3111. GRANT AUTHORIZATION.
(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment 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 agency who--
(A) is continually licensed to practice
law; and
(B) prosecutes criminal or juvenile
delinquency cases (or both) at the State or
local level, including an employee who
supervises, educates, or trains other persons
prosecuting such cases.
(2) Public defender.--The 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 local agency who provides legal
representation to indigent persons in
criminal or juvenile delinquency cases
(or both), including an attorney who
supervises, educates, or trains 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 such full-time
employment to providing legal
representation to indigent persons in
criminal or juvenile delinquency cases
(or both), including an attorney who
supervises, educates, or trains 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, United States Code, that
provides legal representation to
indigent persons in criminal or
juvenile delinquency cases (or both).
(3) Student loan.--The term ``student loan''
means--
(A) 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.);
(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.); 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 Direct
Stafford Loan, a Federal Direct Unsubsidized
Stafford Loan, or a loan made under section 428
or 428H of such Act.
(c) Program Authorized.--The Attorney General shall,
subject to the availability of appropriations, 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 Loan Repayment.--
(1) Borrower agreement.--To be eligible to receive
repayment benefits under subsection (c), a borrower
shall enter into a written agreement with the Attorney
General 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
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; and
(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.
(2) Repayment by borrower.--
(A) In general.--Any amount repaid by, or
recovered from, an individual or the estate of
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.
(C) Waiver.--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.
(3) Limitations.--
(A) Student loan payment amount.--Student
loan repayments made by the Attorney General
under this section shall be made subject to the
availability of appropriations, and 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.--Nothing in this
section shall authorize the Attorney General to
pay any amount to reimburse a borrower 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 required
period of service under an agreement under subsection
(d), the borrower and the Attorney General 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 prosecutor or public defender for less
than 3 years.
(f) Award Basis; Priority.--
(1) Award basis.--The Attorney General shall
provide repayment benefits under this section--
(A) subject to the availability of
appropriations; and
(B) in accordance with paragraph (2),
except that the Attorney General shall
determine a fair allocation of repayment
benefits among prosecutors and defenders, and
among employing entities nationwide.
(2) Priority.--In providing repayment benefits
under this section in any fiscal year, the Attorney
General shall give priority to borrowers--
(A) who, when compared to other eligible
borrowers, have the least ability to repay
their student loans (considering whether the
borrower is the beneficiary of any other
student loan repayment program), as determined
by the Attorney General; or
(B) who--
(i) received repayment benefits
under this section during the preceding
fiscal year; and
(ii) have 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 authorized to
issue such regulations as may be necessary to carry out the
provisions of this section.
(h) Report by Inspector General.--Not later than 3 years
after the date of the enactment of this section, 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.--Not later than one year after the date of
the enactment of this section, the Comptroller General shall
conduct a study of, and report to Congress on, the impact that
law school accreditation requirements and other factors have on
the costs of law school and student access to law school,
including the impact of such requirements on racial and ethnic
minorities.
(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each of the fiscal years 2008 through 2013.
* * * * * * *
Additional Views
H.R. 916, the ``John R. Justice Prosecutors and Defenders
Incentive Act of 2007,'' establishes a loan forgiveness program
within the Department of Justice for State and local
prosecutors and for Federal, State and local public defenders.
However, the bill, as introduced, raised several concerns
regarding the breadth and cost of the loan forgiveness program.
We are pleased that the majority listened to our concerns
and reached a bipartisan compromise that ensures fiscal
responsibility while encouraging young attorneys to join the
criminal justice system and preventing attrition.
Many law school graduates carry a large amount of student
loan debt--on average, between $50,000 and $80,000. More than
80% of law students borrow to pay for their law degree, and the
amount borrowed by many students exceeds $100,000. At the same
time, the median entry-level salary for State prosecuting
attorneys is $46,000, and the median entry-level salary for
public defenders is $43,000.
The bill, as introduced, would have resulted in a very
costly program. Although the bill caps repayment at $60,000 per
applicant, as few as 25,000 applicants would cost $1.5 billion
over the life of the program even with the cap in place. The
bill also authorized the program at $25 million for the first
year and such sums as are necessary for each additional year.
The bipartisan compromise authorizes $25 million a year for six
years. This fiscally responsible limit on the authorization
provides Congress the opportunity to review the cost
effectiveness of the program.
The bipartisan compromise also directs the Inspector
General of the Department of Justice to review the costs of the
program and determine whether the program positively impacts
the hiring and retention of prosecutors and public defenders.
The compromise also directs the Department of Justice to
administer this program subject only to the availability of
appropriations, ensuring that the Department's criminal justice
responsibilities remain a priority.
The bipartisan compromise directs the Attorney General to
give priority to those applicants with the least ability to
repay their loans. This provision guarantees that funds will be
made available under this program to those prosecutors or
public defenders suffering the greatest burden.
Several States and prosecuting agencies currently offer
loan repayment programs. Yet, H.R. 916, as introduced, made no
provision for whether participation in an existing State and
local loan repayment program would offset repayment from this
program. The substitute amends the bill to direct the
Department of Justice to consider applicants' participation in
other loan repayment programs when determining their ability to
pay their loans.
Lamar Smith.
Steve Chabot.
Daniel E. Lungren.