117 HR 9242 IH: Legal Aid for Americans Act of 2022 U.S. House of Representatives 2022-10-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I117th CONGRESS2d SessionH. R. 9242IN THE HOUSE OF REPRESENTATIVESOctober 28, 2022Mr. Burchett introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Higher Education Act of 1965 to establish a pro bono service requirement for individuals who borrow Federal student loans for graduate legal education, and for other purposes.
1.
Short title
This Act may be cited as the Legal Aid for Americans Act of 2022.
2.
Pro bono service requirement for law graduates
Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following:(r)
Pro bono service requirement for law graduates
(1)
In general
As condition of receiving a loan under this part for graduate legal education, a borrower shall enter into an agreement with the Secretary pursuant to which the borrower agrees to perform legal work, on a pro bono basis, for not fewer than 50 hours per year during each year of the applicable service period.(2)
Annual certifications
(A)
In general
On an annual basis during each year of the applicable service period, a borrower subject to an agreement under paragraph (1) shall submit to the Secretary a certification indicating whether or not the borrower has complied with the requirements of the agreement.(B)
Exemption for public service employees
A borrower who is employed in a public service job (as defined in subsection (m)) during the applicable service period, as demonstrated by an annual certification of such employment submitted to the Secretary by such borrower, shall be deemed to be in compliance with the pro bono service requirement under this subsection and shall not be required to perform any additional pro bono service pursuant to this subsection.(3)
Noncompliance
Notwithstanding any other provision of this Act, a borrower subject to an agreement under paragraph (1) who does not comply with the terms of the agreement for any year of the applicable service period shall be treated as in default on any loan to which such agreement applies until the date on which the borrower certifies that the borrower is in compliance with the agreement.(4)
Exceptions
The requirement to perform pro bono legal service pursuant to an agreement under paragraph (1) shall not apply during any period in which the borrower—(A)is serving on active duty during a war or other military operation or national emergency;(B)is performing qualifying National Guard duty during a war or other military operation or national emergency; or(C)is attending an institution of higher education on not less than a half-time basis.(5)
Applicability
The requirement under paragraph (1) shall apply to loans made under this part for graduate legal education after the date of enactment of the Legal Aid for Americans Act of 2022.(6)
Definitions
In this subsection:(A)
Applicable service period
The term applicable service period means—(i)with respect to a borrower who is licensed to practice law in a State before receiving a loan under this part for graduate legal education, the first three years following the date on which the borrower completes the program of study for which the loan was obtained; and(ii)with respect to a borrower who is not licensed to practice law in a State before receiving a loan under this part for graduate legal education, the first three years following the date on which the borrower obtains a license to practice law in a State.(B)
Graduate legal education
The term graduate legal education means any program of study leading to a graduate degree or graduate certificate in a legal field (as determined by the Secretary), including any program of study leading to a Juris Doctor (JD) degree, Master of Laws (LLM) degree, or Doctor of Juridical Science (SJD) degree..