Title 34, NavyRelease 119-110

§10671 Grant Authorization

Title 34 › Subtitle I — Comprehensive Acts › CHAPTER 101 — JUSTICE SYSTEM IMPROVEMENT › SUBCHAPTER XXXV — LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS › § 10671

Last updated Sep 22, 2026|Official source

Summary

Creates a Justice Department program to pay part of certain federal student loans for people who work as full-time prosecutors or public defenders and who are not in default. To get the payments, a borrower must sign a written agreement to work as a prosecutor or public defender for at least three years. If the borrower quits or is fired for misconduct before the time is up, they must repay the money the government paid. The Attorney General can forgive repayment for fairness or public interest. Payments stop if no money is appropriated, and the program will not repay loans paid off by the borrower before they signed an agreement. Payments are limited to $10,000 per year and $60,000 total. After the first term, the borrower and the Attorney General may make another agreement, which could require less than three years. The Attorney General must give priority to those least able to repay, balance help between prosecutors and defenders and their employers, and give priority to people who already received benefits and have not finished their first three-year term. The Attorney General can make rules to run the program. Definitions in one line each: Prosecutor — a full-time, licensed government lawyer who prosecutes criminal or juvenile cases or trains/supervises those who do. Public defender — a full-time, licensed lawyer who represents indigent people in criminal or juvenile cases for a government office, certain nonprofit contractors, or as a Federal defender. Student loan — certain federal loans under title IV of the Higher Education Act, but not parent PLUS loans. The Justice Department Inspector General must report to Congress on the program’s cost and hiring effects not later than three years after August 14, 2008. The Comptroller General must report on law school costs and access not later than one year after August 14, 2008. Congress authorized $25,000,000 for fiscal year 2009 and whatever sums are needed for the next five fiscal years.

Full Legal Text

Title 34, §10671

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(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 (2) Public defender
(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
(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 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).
(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 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—
(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 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
(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
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.
(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 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 three years.
(f)Award basis; priority
(1)Award basis
Subject to paragraph (2), the Attorney General shall provide repayment benefits under this section— (A)
(B)subject to the availability of appropriations.
(2)Priority
The 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
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—
(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 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.
(j)Authorization of appropriations
There are authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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.), D (§ 1087a et seq.), and E (§ 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. Codification Section was formerly classified to section 3797cc–21 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Another section 3001 of Pub. L. 90–351 was classified to section 10681 of this title, prior to repeal by Pub. L. 115–391.

Statutory Notes and Related Subsidiaries

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For

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of part E of title IX of Pub. L. 110–315, which enacted this subchapter, as the “John R. Justice Prosecutors and Defenders Incentive Act of 2008”, see section 951 of Pub. L. 110–315, set out as a

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of 2008 Act note under section 10101 of this title.

Reference

Citations & Metadata

Citation

34 U.S.C. § 10671

Title 34, Navy

Last Updated

Sep 22, 2026

Release point: 119-110