[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 407 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 407
To amend the Higher Education Act of 1965 to provide loan forgiveness
for attorneys who represent low-income families or individuals involved
in the family or domestic relations court systems.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 13, 2003
Mr. DeWine (for himself and Mr. Rockefeller) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to provide loan forgiveness
for attorneys who represent low-income families or individuals involved
in the family or domestic relations court systems.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Across the United States, family, juvenile, and
domestic relations courts experience shortages of qualified
attorneys to represent the interests of men, women, and
children involved in their court systems.
(2) The Constitution of the United States provides that
everyone charged with a crime is entitled to adequate counsel.
(3) In 1967, the Supreme Court held, for the first time,
that children were persons under the provisions of the 14th
amendment to the Constitution relating to due process, and
entitled to certain constitutional rights.
(4) In the case of In re Gault (387 U.S. 1), the Supreme
Court held that juveniles are entitled to notice of the charges
against them, legal counsel, questioning of witnesses, and
protection against self-incrimination in a hearing that could
result in commitment to an institution.
(5) Studies have indicated that many juveniles do not
receive the due process protections to which they are entitled.
More importantly, they frequently do not receive effective
assistance of legal counsel.
(6) Lawyers who represent juveniles often labor under
enormous caseloads with little training or support staff.
(7) Public defenders who represent juveniles have, on
average, more than 500 cases per year, with more than 300 of
those cases being juvenile cases.
(8) Public defenders often lack specialized training in
representing juveniles. Approximately one-half of public
defender offices do not even have a section devoted to juvenile
delinquency practice in their office training manuals.
(9) Due to relatively low wages, there is a nationwide
shortage of family law attorneys willing to represent
juveniles.
(10) The shortage of family law attorneys results in a
severe, disproportionate, and negative impact upon children,
impoverished parents, and victims of domestic violence.
(11) Children involved in family court cases are assigned
attorneys to protect their interests. Adults are entitled to
representation by attorneys. The lack of available
representation by family law attorneys causes children to spend
more time in foster care because cases are adjourned or
postponed due to lack of appropriate representation. Victims of
domestic violence seeking protection from their abusers often
will remain in the abusive situation, choose to represent
themselves, or wait until an attorney becomes available, all of
which risk their personal safety.
(12) In 1995, 3,100,000 children were reported to child
protection agencies as being abused or neglected, which is
about double the number reported in 1984. Of these, 996,000
children were confirmed after investigation to be abused or
neglected. A 1996 study by the Department of Health and Human
Services found that the number of children seriously injured
nearly quadrupled between 1986 and 1993 from 141,700 to
565,000.
(13) As of 1995 year-end, about 494,000 children were in
foster care, a considerable rise from the estimated 280,000
children in foster care at the end of 1986. Most of these
children are in foster care because of abuse, neglect, or
abandonment by their parents. Many are also placed in foster
care due to a court order during a child protection case.
(14) Some estimates suggest that in 70 percent of homes
where there is domestic violence, there is also child abuse.
(15) Children who witness domestic violence can also
develop posttraumatic stress disorder, low self-esteem,
anxiety, depression, eating disorders, and destructive behavior
that can last through adulthood, limiting an individual's
ability to achieve academically, socially, and on the job.
However, early intervention and education can help prevent
further danger to children.
(16) Continued adjournment forces victims to repeatedly
confront their abusers in court. This not only increases the
risk of retribution, but also the chance that the victim will
abandon the process because of the burden.
(17) Between 1984 and 1994 there was a 65 percent increase
in domestic relations cases and a 59 percent increase in the
number of juvenile cases.
(18) The caseload for child abuse in New York State alone
has increased by more than 300 percent between 1984 and 1988.
(19) Judges in Chicago hear on average 1,700 delinquency
cases per month, and in Los Angeles judges for juvenile cases
have about 10 minutes to devote to each case.
SEC. 2. PURPOSE.
The purposes of this Act are--
(1) to encourage attorneys to enter the field of family
law, juvenile law, or domestic relations law;
(2) to increase the number of attorneys who will represent
low-income families and individuals, and who are trained and
educated in such field; and
(3) to keep more highly trained family law, juvenile law,
and domestic relations attorneys in this field of law for
longer periods of time.
SEC. 3. LOAN FORGIVENESS.
Part B of title IV of the Higher Education Act of 1965 (20 U.S.C.
1071 et seq.) is amended by inserting after section 428K (20 U.S.C.
1078-11) the following:
``SEC. 428L. LOAN FORGIVENESS FOR FAMILY LAW, JUVENILE LAW, AND
DOMESTIC RELATIONS ATTORNEYS WHO WORK IN THE DEFENSE OF
LOW-INCOME FAMILIES, INDIVIDUALS, OR CHILDREN.
``(a) Definitions.--In this section:
``(1) Eligible loan.--The term `eligible loan' means a loan
made, insured, or guaranteed under this part or part D
(excluding loans made under section 428B or 428C, or comparable
loans made under part D) for attendance at a law school.
``(2) Family law or domestic relations attorney.--The term
`family law or domestic relations attorney' means an attorney
who works in the field of family law or domestic relations,
including juvenile justice, truancy, child abuse or neglect,
adoption, domestic relations, child support, paternity, and
other areas which fall under the field of family law or
domestic relations law as determined by State law.
``(3) Highly qualified attorney.--The term `highly
qualified attorney' means an attorney who has at least 2
consecutive years of experience in the field of family or
domestic relations law serving as a representative of low-
income families or minors.
``(b) Demonstration Program.--
``(1) In general.--The Secretary may carry out a
demonstration program of assuming the obligation to repay
eligible loans for any new borrower after the date of enactment
of this section, who--
``(A) obtains a Juris Doctorate (JD), and takes at
least 1 law school class in family law, juvenile law,
domestic relations law, or some other class that the
Secretary determines equivalent to any such class
pursuant to regulations prescribed by the Secretary;
and
``(B) has worked full-time for a State or local
government entity, or a nonprofit private entity, as a
family law or domestic relations attorney on behalf of
low-income individuals in the family or domestic
relations court system for 2 consecutive years
immediately preceding the year for which the
determination was made.
``(2) Award basis.--Loan repayment under this section shall
be on a first-come, first-served basis and subject to the
availability of appropriations.
``(3) Priority.--The Secretary shall give priority in
providing loan repayment under this section for a fiscal year
to student borrowers who received loan repayment under this
section for the preceding fiscal year.
``(4) Regulations.--The Secretary is authorized to
prescribe such regulations as may be necessary to carry out the
provisions of this section.
``(c) Loan Repayment.--
``(1) In general.--The Secretary shall assume the
obligation to repay--
``(A) after the third consecutive year of
employment described in subparagraph (B) of subsection
(b)(1), 20 percent of the total amount of all eligible
loans;
``(B) after the fourth consecutive year of such
employment, 30 percent of the total amount of all
eligible loans; and
``(C) after the fifth consecutive year of such
employment, 50 percent of the total amount of all
eligible loans.
``(2) Construction.--Nothing in this section shall be
construed to authorize any refunding of any repayment of a loan
made under this part or part D.
``(3) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan which accrues for such year
shall be repaid by the Secretary.
``(4) Ineligibility of national service award recipients.--
No student borrower may, for the same service, receive a
benefit under both this section and subtitle D of title I of
the National and Community Service Act of 1990 (42 U.S.C. 12601
et seq.).
``(d) Repayment to Eligible Lenders.--The Secretary shall pay to
each eligible lender or holder for each fiscal year an amount equal to
the aggregate amount of eligible loans which are subject to repayment
pursuant to this section for such year.
``(e) Application for Repayment.--
``(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
``(2) Conditions.--An eligible individual may apply for
loan repayment under this section after completing each year of
qualifying employment. The borrower shall receive forbearance
while engaged in qualifying employment unless the borrower is
in deferment while so engaged.
``(f) Evaluation.--
``(1) In general.--The Secretary shall conduct, by grant or
contract, an independent national evaluation of the impact of
the demonstration program assisted under this section on the
field of family and domestic relations law.
``(2) Competitive basis.--The grant or contract described
in this section shall be awarded on a competitive basis.
``(3) Contents.--The evaluation described in this
subsection shall determine whether the loan forgiveness program
assisted under this section--
``(A) has increased the number of highly qualified
attorneys;
``(B) has contributed to increased time on the job
for family law or domestic relations attorneys, as
measured by--
``(i) the length of time family law or
domestic relations attorneys receiving loan
forgiveness under this section have worked in
the family law or domestic relations field; and
``(ii) the length of time family law or
domestic relations attorneys continue to work
in such field after the attorneys meet the
requirements for loan forgiveness under this
section;
``(C) has increased the experience and the quality
of family law and domestic relations attorneys; and
``(D) has contributed to better family outcomes, as
determined after consultation with the Secretary of
Health and Human Services and the Attorney General.
``(4) Interim and final evaluation reports.--The Secretary
shall prepare and submit to the President and Congress such
interim reports regarding the evaluation described in this
section as the Secretary determines appropriate, and shall
prepare and so submit a final report regarding the evaluation
by September 30, 2005.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for fiscal year
2004, and such sums as may be necessary for each of the 4 succeeding
fiscal years.''.
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