[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1431 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1431

 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 system.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2005

 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 system.

    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 the court system.
            (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) (1967), 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 were 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 those fields 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 not 
                less than 1 law school class in family law, juvenile 
                law, domestic relations law, or a class that the 
                Secretary finds 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.
    ``(c) Loan Repayment.--
            ``(1) In general.--For each eligible individual selected 
        for the demonstration program under subsection (b), 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 that 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 subsection 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 or 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 submit a final report regarding the evaluation by 
        September 30, 2010.
    ``(g) Regulations.--The Secretary is authorized to prescribe such 
regulations as may be necessary to carry out the provisions of this 
section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $20,000,000 for fiscal year 
2006, and such sums as are necessary for each of the 4 succeeding 
fiscal years.''.
                                 <all>