42 U.S. Code § 3797cc–21 - Grant authorization
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The purpose of this section is to encourage qualified individuals to enter and continue employment as prosecutors and public defenders.
In this section:
The term “prosecutor” means a full-time employee of a State or unit of local government who—
(2) Public defender
The term “public defender” means an attorney who—
(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
(3) Student loan
(A) In general
Except 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
(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 428B of the Higher Education Act of 1965 (20 U.S.C. 1078–2).
(c) Program authorized
The 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—
(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 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
(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.
(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 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—
(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).
(f) Award basis; priority
(1) Award basis
Subject 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
The Attorney General shall give priority in providing repayment benefits under this section in any fiscal year to a borrower who—
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 three years after August 14, 2008, the Inspector General of the Department of Justice shall submit to Congress a report on—
(i) GAO study
Not later than one year after August 14, 2008, 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.
Source(Pub. L. 90–351, title I, § 3001, as added Pub. L. 110–315, title IX, § 952,Aug. 14, 2008, 122 Stat. 3470.)
References in Text
The Higher Education Act of 1965, referred to in subsec. (b)(3)(A)(i), (ii), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Parts B, D, and E of title IV of the Act are classified to parts B (§ 1071 et seq.), C (§ 1087a et seq.), and D (§ 1087aa et seq.), respectively, of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.
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