[Congressional Record (Bound Edition), Volume 153 (2007), Part 9]
[House]
[Pages 12405-12410]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1100
    JOHN R. JUSTICE PROSECUTORS AND DEFENDERS INCENTIVE ACT OF 2007

  Mr. CONYERS. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 916) to provide for loan repayment for prosecutors and 
public defenders, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 916

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     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

[[Page 12406]]

     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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Conyers) and the gentleman from Virginia (Mr. Forbes) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. CONYERS. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. CONYERS. Madam Speaker, I yield myself as much time as I may 
consume.
  I am proud to join with the gentleman from Virginia (Mr. Forbes) and 
rise in strong support of H.R. 916 because our Nation's criminal 
justice system depends on the hard work and commitment of the men and 
women who serve as prosecutors and defenders; yet the ability of the 
public sector to attract qualified individuals and to retain 
experienced attorneys is increasingly becoming more compromised.
  As many of us know, recent law school graduates are often burdened 
with overwhelming student education loans. The amount of their debt can 
effectively preclude a young attorney from choosing to practice in the 
public sector, and with the median salary for an associate in private 
practice now many times the median salary of a State prosecutor, 
public-spirited attorneys who owe extensive student loans have a very 
hard time deciding that they can afford to work in our criminal justice 
system.
  In Wayne County, Michigan, our county prosecutor Ms. Kym Worthy, a 
veteran trial lawyer before she assumed the position, has come to me 
repeatedly asking for help in this area.
  So this measure addresses the critical problem by directing the 
Attorney General to establish a loan repayment assistance program for 
an individual who agrees to remain employed for at least 3 years as 
either a State or local criminal prosecutor or as a State, local or 
Federal public defender for criminal cases.
  Madam Speaker, I reserve the balance of my time.
  Mr. FORBES. Madam Speaker, I yield myself such time as I may consume.
  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.
  I am pleased that the majority listened to our concerns, and at the 
Judiciary Committee markup we were able to reach 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 percent 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.
  Several States and prosecuting agencies currently offer loan 
repayment programs. Yet, H.R. 916, as introduced, made no provisions 
for whether participation in existing State and local loan repayment 
programs would offset repayment from this program.
  This 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.
  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 have 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 6 years. This 
fiscally responsible limit on the authorization provides Congress the 
opportunity to review the cost effectiveness of the program.

[[Page 12407]]

  The bipartisan compromise 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.
  H.R. 916, as amended, 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.
  I thank Chairman Conyers and Crime Subcommittee Chairman Scott for 
their cooperation on this legislation, and I urge my colleagues to 
support the bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. CONYERS. Madam Speaker, I yield myself 1 minute to congratulate 
the gentleman from Virginia (Mr. Forbes), the floor manager of this 
bill, and to thank him for the helpful compromises that he led in 
working out the bipartisan support of this bill. I thank you.
  Madam Speaker, I yield 6 minutes to the gentleman from Georgia (Mr. 
Scott), the author of the bill.
  Mr. SCOTT of Georgia. Madam Speaker, I thank very much Chairman 
Conyers. This is indeed a great moment. It is a great time, and I 
appreciate the leadership that you provide as chairman of the committee 
and all of our colleagues.
  This is definitely a bipartisan effort to really deal with one of the 
most pressing issues facing our country today, Madam Speaker. I cannot 
think of a more significant thing we can do to make the essence of this 
country a reality for all. For at the cornerstone of America are these 
words: wisdom and justice and fairness and moderation. That is what 
makes this country great.
  And at the cornerstone of that is to be able to have, when you come 
before the bar of justice, that justice is indeed blind and that 
everyone will be able to receive justice in a fair way. Regardless of 
whether or not you are a wealthy person or if you are a poor person, 
one thing is important: you are an American citizen and you deserve to 
make sure that you have fairness and justice and integrity when you 
come before the criminal justice system.
  Unfortunately, now, Madam Speaker, that is not the case. For in all 
too many cases, when it comes down to public defenders and prosecutors, 
that is not the case because of the strains and the interplay of our 
economic system and the pressures that the marketplace has on that.
  But what I am talking about is this, that right now the cost of 
living has gone up 28 percent, but the costs of tuition for 3 years in 
law school has gone up 167 percent. So that the average cost now per 
year for a student to go to law school is $50,000 a year. For 3 years, 
that's $150,000.
  So, Madam Speaker, what I am saying is when that individual gets out 
of school he has to go into a marketplace where the private economy is 
willing to pay him an average now of $110,000, and in some markets in 
this country, such as New York or California and even in my home State 
of Georgia in Atlanta, beginning law school students going into the 
private sector can earn as much as $160,000 a year. But if you're a 
public defender, if you're a prosecutor, the average starting salary is 
just $43,000.
  That is the crux of the problem, and that's why we have this bill, 
Madam Speaker, so that we can bring some equity to the playing field; 
so that we will be able to provide law students with the opportunity to 
help them with their loan repayment; so that we can have a partial loan 
forgiveness, not total.
  This package that we're offering would give an individual up to 
$10,000 from the Federal Government to help offset his loans, and he 
must serve in the public sector for 3 years. But there's also 
contingent in our bill that with agreement with the employer if he 
wants to extend that after priority has been given to those that come 
in at 3 years first, that he will be able to extend it for 3 more 
years. So the maximum they can get is $60,000.
  No, this will not solve the problem, Madam Speaker, but this is a 
very complex problem. But there are young people that understand the 
virtues and the need of this country to serve in the public arena, and 
we need those bright and talented individuals to be able to come into 
this arena, and this is a small incentive package for which we give.
  As my colleague pointed out, this amounts to $25 million a year up to 
6 years. It is a small gesture, but it is a meaningful investment 
because otherwise what we have is today where many innocent people are 
languishing in jails because we are not addressing this issue and many 
who are criminals are going free.
  And that's why for the last 2 years, Madam Speaker, I have been 
pushing and working on this bill because, at the crux of it all, as I 
said, America is great because of many things, but paramount is 
justice, it is wisdom and it is moderation. That's in our flag, that's 
in our motto, and that's what is in this bill.
  This bill is a companion bill. We have the Senate who has already 
moved on this in a bipartisan way under the leadership of Senator 
Richard Durbin of Illinois, their distinguished majority whip, and 
we're very proud.
  So I am very proud for this moment at this time in this House of 
Representatives for us to move forthright and to be able to bring some 
help to our college law students and especially into the private sector 
and to those individuals who cannot afford a high-priced attorney but 
have to rely on a public defender.
  Madam Speaker, don't these individuals deserve to be able to have the 
best legal representation? Yes, they do, and that's why this bill is 
important and that's why I commend this to the full House of 
Representatives, and I am sure we will have a strong bipartisan vote 
for it.
  I thank the chairman and thank my colleagues, and I urge your passage 
of this bill.
  Mr. FORBES. Madam Speaker, I yield as much time as he may consume to 
the gentleman from Texas (Mr. Poe), an individual who knows firsthand 
the importance of good prosecutors and public defenders having served 
as a district court trial judge.
  Mr. POE. Madam Speaker, I want to thank the gentleman from Virginia 
for yielding some time.
  Madam Speaker, I was a former prosecutor for 8 years and a judge in 
Texas for 22. I spent all my life basically in the criminal justice 
system as a prosecutor or as a trial judge, and I can attest to the 
high workload, long hours and low pay attributed to our Nation's 
prosecutors and to public defenders.
  I have found over the years that most of them do what they do because 
they are committed to serving the public, either as a prosecutor or a 
public defender. They certainly don't do it for the money.
  According to the Law Schools Admission Council, however, the average 
law school debt for an individual who borrows Federal or private loans 
is anywhere from $90,000 up. The starting salary for local and State 
prosecutors and public defenders starts anywhere at $25,000 and 
sometimes it reaches $50,000. It is not nearly enough to cover the 
expenses and keep up with the high loan repayments every month that 
these lawyers have to deal with.
  This leaves many qualified and dedicated lawyers leaving the district 
attorney's office and the public defender's office for work in the 
private sector where they can make more money. What happens is these 
lawyers get trial experience at taxpayers' expense, then leave for the 
big law firms because of their low government salary and their high law 
school debt.
  When I served in the criminal courts as a judge for 22 years, I saw 
many good prosecutors and public defenders just leave public service 
because of this problem.

[[Page 12408]]

  The people of our Nation and the victims of crime need to have the 
best trial lawyers we can find to prosecute criminal cases. Defendants, 
likewise, need conpetent public defenders to represent the rights of 
the citizen accused.
  I am honored to be a cosponsor of H.R. 916, the John R. Justice 
Prosecutors and Defenders Incentive Act of 2007. Prosecutors and public 
defenders can have up to $30,000 of law school debt erased if they 
serve 3 years in their current position in public service.

                              {time}  1115

  Of course, this is a renewable debt forgiveness. If the trial lawyer 
is willing to work another 3 years as a prosecutor or public defender, 
then a total of $60,000 of law school debt can be forgiven. Most of the 
time, this will still not cover the majority of their law school debt.
  Of course, local and State courts will benefit because they will be 
able to keep qualified and competent trial lawyers. We need the best 
trial lawyers in our legal profession to try criminal cases for the 
State and the defense.
  Madam Speaker, we basically have two types of lawyers--trial lawyers. 
We have civil lawyers, and there are a lot of wonderful trial lawyers 
who are civil lawyers.
  But, basically, civil lawyers argue in the courtroom over money. 
Nothing wrong with that, but that's what they are arguing over.
  But in the criminal courts, we are arguing over something much more 
important than money, and it's the liberty of the person on trial. It 
is very serious business, and that's why you need the best prosecutor 
and the best public defender that we can find to represent both sides 
because the stakes are so high.
  I urge my colleagues to support passage of H.R. 916.
  I want to thank the gentleman from Georgia (Mr. Scott) for 
introducing this important piece of legislation.
  Mr. CONYERS. Madam Speaker, I yield myself 1 minute and that is to 
describe the wide spectrum of legal support for this measure: the 
National District Attorneys Association, the American Bar Association, 
the National Association of Criminal Defense Lawyers, the National 
Legal Aid & Defender Association, and many others.
  Madam Speaker, I am now pleased to introduce a gentleman from South 
Carolina, the chairman of the Budget Committee, as much time as he may 
consume, Mr. John Spratt.
  Mr. SPRATT. Mr. Chairman, thank you very much for this opportunity to 
say something on behalf of my constituent, John Reid Justice of South 
Carolina, my good friend, my constituent, my trusted counselor, 
whenever we had or I had any questions or any issues about criminal 
justice, because he was the expert.
  Madam Speaker, John Justice was almost elected to Congress himself. 
But in the middle of his campaign, he did what duty called him to do. 
He was in the National Guard, he took 2 weeks out for summer camp, and 
never quite caught up. But for that, he might have been here sponsoring 
legislation like the very bill before us which is named after him.
  But providence had a better role for John Justice. He became a 
prosecutor. We call them solicitors in South Carolina, not district 
attorneys. He became a solicitor for nearly 30 years, and he became a 
model solicitor. Others looked to him, admired him, and followed his 
example. The better part of his professional life, he was the 
prosecutor in the Sixth Judicial Circuit of South Carolina. He was, as 
I said, a model prosecutor, so much so that the National District 
Attorneys Association elected him, from Chester, South Carolina, as 
president not long ago, just before he died.
  In addition, he was a model prosecutor. If you could have seen his 
funeral, you would understand when I say the entire law enforcement 
community in South Carolina turned out to pay honor to this splendid 
fellow. He would have been proud to know that this bill bears his name, 
particularly because of its substance, not just because of the honor, 
but because of the substance of the bill. He would be proud to know 
that he was having some part in helping young lawyers afford the 
crushing burden of student loans.
  So on behalf of the friends of John Justice, who knew him well and 
practiced with him, on behalf of his family, on behalf of all those who 
worked with him, I want to thank the committee for naming this bill 
after him and for honoring him in this very special way.
  I urge support for the bill.
  Mr. FORBES. Madam Speaker, I yield 2 minutes to the distinguished 
gentleman from Georgia (Mr. Gingrey).
  Mr. GINGREY. I appreciate the gentleman yielding. I didn't know he 
was going to yield so quickly. I am still out of breath from running 
over here.
  Madam Speaker, I wanted to come and lend my support to my good 
friend, Congressman David Scott, my colleague from Georgia, and the 
John R. Justice Prosecutors and Defenders Incentive Act.
  Congressman Scott and I both served in the Georgia senate, he for a 
while longer than I did, and with more power in the leadership there, 
but we had passed similar legislation in Georgia, this commonsense 
provision, to help give some relief to these young, brilliant attorneys 
who are willing to go into work to serve either as a prosecutor or a 
public defender.
  The reason I feel so impassioned by it, my daughter, Phyllis Collins, 
has been practicing in the Cobb County judicial system now for about 3 
years. She came out of law school at Michigan State after graduating 
from undergraduate school with a microbiology degree from Georgia Tech. 
I thought she would become a doctor, but she became a darn good lawyer 
instead.
  She came out of that school with about $100,000 in debt, just as this 
bill indicates in the language we have read. That's just a typical 
situation that my daughter, Phyllis, is in. She took that job for about 
$60,000 a year, I believe. She served a year and a half as a 
prosecutor. Now she is a public defender.
  It's people like Phyllis Collins that we need to encourage to do this 
kind of important work on behalf of people, the public defenders, the 
prosecutors. They are bringing justice to people that otherwise could 
not afford justice.
  I think that I want to say once again to Congressman Scott and all 
the others on our side of the aisle as well, my good friend from 
Virginia, Randy Forbes, who have brought this bill forward, I thank you 
for the time. I support it tremendously, and I congratulate you for 
doing this.
  Mr. CONYERS. Madam Speaker, I yield myself as much time as I may 
consume.
  I would bring to the attention of our membership a communication from 
the National Conference of Chief Justices at the State level in support 
of Federal legislation to create incentives to law students to 
participate in public service occupations after graduations.
  The 109th Congress considered legislation designed to encourage 
qualified individuals to enter in and continue employment for at least 
3 years as criminal prosecutors and public defenders by means of 
providing the United States Government payment of a portion of that 
individual student loan for each year of such employment.
  Whereas the 110th Congress is also likely to consider legislation to 
assist the repayment of student loans of qualified individuals who 
commit to employment as prosecutors and public defenders, therefore, 
the Association of American Law Schools, Equal Justice Works, the 
National Legal Aid & Defender Association, and the American Bar 
Association have expressed support for the above-described legislation, 
and the lawyers to engage in civil and legal services to enhance access 
by justice, by low-income persons rendered valuable public service that 
is comparable to that provided by criminal prosecutors and public 
defenders.
  Therefore, be it resolved that the Conference of Chief Justices 
hereby urges the Congress to adopt legislation to give financial 
incentives to law school graduates to commit to sustained public 
service as prosecutors and public defenders.
  Therefore, the conference additionally encourages Congress to develop

[[Page 12409]]

and adopt separate legislation providing similar relief for qualified 
individuals who engage in employment as civil, legal aid attorneys, 
adopted as proposed by the Government Affairs Committee and the 
Professionalism and Competence Committee of the Conference of Chief 
Justices on February 7 in the year 2007.
  Madam Speaker, I would be happy to recognize former judge Louie 
Gohmert of the Judiciary Committee for 1 minute.
  Mr. GOHMERT. Thank you, Mr. Chairman. I do applaud the chairman and 
the ranking member for the work on this bill.
  Madam Speaker, having started out as an assistant district attorney, 
and then my years as a judge, I constantly saw how difficult it was in 
our Smith County District Attorney's Office to hire good lawyers, even 
to hire any lawyers. Thank you for your efforts on this behalf. I think 
it's a great bill and the right way to do things, providing incentives 
to do good things. I appreciate it.
  Mr. CONYERS. I thank the gentleman from Texas for his contribution.
  Madam Speaker, I yield back the balance of my time.
  Mr. FORBES. Madam Speaker, we just request and urge the passage of 
the bill.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise in support of H.R. 
916, the John R. Justice Prosecutors and Defenders Incentive Act of 
2007. I thank the Chairman and the Ranking Member for their effort and 
time in holding this very important markup hearing.
  Madam Speaker, I support H.R. 916 because it amends the Omnibus Crime 
Control and Safe Streets Act of 1968 to direct the Attorney General to 
assume the obligation to repay student loans for borrowers who agree to 
remain employed, for at least three years, as: (1) State or local 
criminal prosecutors; or (2) State, local, or Federal public defenders 
in criminal cases. H.R. 916 also will allow a borrower and the Attorney 
General to enter into an additional loan repayment agreement, after the 
required three-year period, for a successive period of service which 
may be less than three years. The bill also limits the amount paid 
under such program on behalf of any borrower to $10,000 per calendar 
year and $60,000 total.
  Madam Speaker, this bipartisan legislation will benefit our criminal 
justice system and our communities by creating a student loan repayment 
program for law school graduates who agree to serve for at least 3 
years as criminal prosecutors or public defenders.
  Madam Speaker, over recent years we have witnessed the difficulty 
prosecutor and public defender offices across the country have had 
attracting and retaining qualified attorneys. We have also seen that 
our communities suffer when the criminal justice system fails to obtain 
and retain a sufficient supply of experienced prosecutors and 
defenders. Under those trying circumstances, the resulting effect is 
that criminal caseloads become unmanageable, cases can be delayed or 
mishandled, serious crimes may go unprosecuted, and innocent defendants 
may be sent to jail. H.R. 916 will improve the administration of the 
criminal justice system to recruit and retain talented attorneys and 
help that system function more effectively.
  Although I support H.R. 916, it needs to go a step further in 
ensuring that bright lawyers will lend their services to civil public 
service legal careers that include legal aid to this country's most 
disadvantaged and vulnerable populations. That is why during the markup 
of H.R. 916 I strongly supported the Nadler Amendment, which included 
civil legal aid attorneys in the category of lawyers eligible for loan 
forgiveness. Indeed, the Nadler Amendment is comparable to more 
extensive legislation that I plan to introduce.
  Including civil legal aid attorneys in the group who may qualify for 
loan forgiveness when committing to work in public service will help to 
recruit and retain legal aid lawyers so that low-income Americans 
receive the legal assistance they need. Specifically, the Amendment 
would provide a loan repayment program for new law graduates who work 
for legal aid.
  Providing loan relief for legal aid attorneys is crucial. Legal Aid 
attorneys protect the safety, security, and health of low-income 
citizens nationwide. Support for such programs not only provides relief 
for prospective legal aid attorneys but also for the most vulnerable 
members of our population. Such programs are available for Federal 
prosecutors and other Federal employees. But, for the legal aid 
attorneys--who have the lowest incomes--there currently is not enough 
access to loan repayment programs. We must ensure that legal aid 
attorneys receive the financial incentives they need to commit to a 
career in legal aid.
  Without such incentive as loan relief, the legal aid field will 
continue to fall far short of the mark to meet the needs and demands of 
requests for legal assistance. Despite the importance of the services 
legal aid lawyers provide, almost half of the eligible people seeking 
assistance from Legal Aid are being turned away because of a lack of 
resources. As law school tuition has skyrocketed, so has a young 
lawyer's debt. A recent survey found that with median law school debt 
at $70,000 with an additional $16,000 in undergraduate debt, over 65 
percent of new law school graduates were prevented from even 
considering a public service career.
  Given the financial realities, individuals who take positions with 
legal aid often leave after two or three years. One Midwestern program 
cited a turnover rate of 60 percent over a two year period, with an 
average tenure for new attorneys of 17 months. Many of these young 
attorneys leave at a time when they have just develop necessary 
experience, creating a revolving door of inexperienced lawyers. This 
turnover dramatically decreases the efficiency of the program and the 
vital services it provides. Such a bill would allow young lawyers to 
choose a career in public service without having to bear the heavy 
burden of law school debt on their own.
  Madam Speaker, whether legal aid attorneys, prosecutors or public 
defenders, public service attorneys must be given some comparable 
incentive to choose a career in public service instead of a career in 
the higher-paying private sector arena. One of the primary reasons for 
the recruiting difficulty of the administration of the criminal justice 
system is that huge amounts of student debt have pulled students in the 
opposite direction of public service careers such as those of 
prosecutors and defenders. Why? We all know that no one is going to get 
rich going into service careers such as teachers, social workers, and 
prosecutors and public defenders especially when they are starting out 
with enormous student loan obligations. That is why we must give those 
who wish to serve in public service careers incentive such as loan 
forgiveness so that they will not forgo service careers simply because 
they are buried in mounds of student loans.
  H.R. 916, which authorizes $25 million in appropriations for FY08, 
establishes a program of student loan repayment for borrowers who agree 
to remain employed, for at least 3 years, as State or local criminal 
prosecutors or as State, local or Federal public defenders in criminal 
cases (note that Federal prosecutors are already eligible for loan 
relief through existing Federal programs). The 3 year period is 
comparable to other loan forgiveness programs.
  Other important aspects of the bill include: allowing eligible 
attorneys to receive student loan debt repayments of up to $10,000 per 
year, with a maximum aggregate over time of $60,000; covering student 
loans made, insured or guaranteed under the Higher Education Act of 
1965, including consolidation loans; providing that repayments benefits 
be made available to eligible attorneys on a first-come, first served 
basis, subject to the availability of appropriations; and permitting 
attorneys to enter into additional loan repayment agreements, after the 
required 3-year period, for additional periods of service. The bill 
also sets safeguards to ensure loan forgiveness participants satisfy 
their commitments by requiring attorneys to repay the Government if 
they do not complete their required period of service.
  Madam Speaker, this bill has bipartisan support as well as wide 
support in the legal community. H.R. 916 is supported by the American 
Bar Association, the National District Attorneys Association, the 
National Association of Prosecutor Coordinators, the National Legal Aid 
and Defender Association and the National Association of Criminal 
Defense Lawyers.
  Madam Speaker, I strongly support this bill and urge my colleagues to 
support this bill.
  Mr. FORBES. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Conyers) that the House suspend the rules 
and pass the bill, H.R. 916, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CONYERS. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.

[[Page 12410]]

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

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