[Congressional Record Volume 143, Number 154 (Thursday, November 6, 1997)]
[Senate]
[Pages S11878-S11879]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SARBANES:
  S. 1395. A bill to amend the Higher Education Act of 1965 to provide 
for the establishment of the Thurgood Marshall Legal Educational 
Opportunity Program; to the Committee on Labor and Human Resources.


the thurgood marshall legal educational opportunity program act of 1997

  Mr. SARBANES. I rise today to offer legislation which would establish 
the Thurgood Marshall Legal Educational Opportunity Program. This 
program would allow the Department of Education to award grants to 
universities to provide assistance to low-income, minority or 
economically disadvantaged students who are seeking a legal education.
  For more than 28 years, such assistance was provided through 
appropriations authorized by the Higher Education Act [HEA] of 1965. 
These critical funds were channeled through the Council on Legal 
Education Opportunity [CLEO] and were used to help qualified 
disadvantaged students gain admission to law school and prepare 
themselves for their legal education.
  Since 1968, the heart of the CLEO program has been the 6-week pre-law 
summer institute. These institutes, held on law school campuses across 
the country, simulate the classroom setting of first year law school, 
exposing students to the rigors of legal study. Utilizing full-time law 
school professors and a proven curriculum that emphasizes critical 
thinking, legal analysis and writing skills, CLEO has built a 
reputation of credibility and has produced more than 6,000 successful 
alumni from more than 170 law schools.
  Unfortunately, Federal funding for CLEO was eliminated during the 
fiscal year 1996 appropriations process. This highly beneficial and 
cost-effective program has persevered primarily through the assistance 
of private donations and the sponsorship of the American Bar 
Association [ABA].
  The bill I am introducing today, a companion to Congressman Cummings' 
legislation in the House, would restore much of the CLEO framework. The 
Thurgood Marshall Legal Opportunity Program would identify socially and 
economically disadvantaged law school students and provide them with 
the opportunity to hone their skills through summer institutes, midyear 
seminars and support services.
  Mr. President, every society places a premium on education in terms 
of developing a skilled and trained work force in the next generation, 
and the more economically complex the world becomes, the more urgent it 
is to develop these human resources. This program will provide the 
necessary resources to ensure that those who have proven themselves at 
the undergraduate level of study are able to maximize their potential 
as they move on to law school.
  Investing in the promise of these talented individuals is a 
worthwhile endeavor and I encourage my colleagues to join me in 
supporting this legislation. I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1395

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

     SECTION 1. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY 
                   PROGRAM.

       Chapter 1 of subpart 2 of part A of title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070a-11 et seq.) is amended 
     by inserting after section 402H of such Act (20 U.S.C. 1070a-
     18) the following:

     ``SEC. 402I. LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.

       ``(a) Program Authority.--The Secretary shall carry out a 
     program to be known as the ``Thurgood Marshall Legal 
     Educational Opportunity Program' designed to provide low-
     income, minority, or disadvantaged college students with the 
     information, preparation, and financial assistance to gain 
     access to and complete law school study.
       ``(b) Eligibility.--A college student is eligible for 
     assistance under this section if the student is--
       ``(1) from a low-income family;
       ``(2) a minority; or
       ``(3) from an economically or otherwise disadvantaged 
     background.
       ``(c) Contract or Grant Authorized.--The Secretary is 
     authorized to enter into a contract with, or make a grant to, 
     the Council on Legal Education Opportunity, for a period of 
     not less than 5 years--
       ``(1) to identify college students who are from low-income 
     families, are minorities, or are from disadvantaged 
     backgrounds described in subsection (b)(3);
       ``(2) to prepare such students for study at accredited law 
     schools;
       ``(3) to assist such students to select the appropriate law 
     school, make application for entry into law school, and 
     receive financial assistance for such study;
       ``(4) to provide support services to such students who are 
     first-year law students to improve retention and success in 
     law school studies; and
       ``(5) to motivate and prepare such students with respect to 
     law school studies and practice in low-income communities.
       ``(d) Services Provided.--In carrying out the purposes 
     described in subsection (c), the contract or grant shall 
     provide for the delivery of services through prelaw 
     information resource centers, summer institutes, midyear 
     seminars, and other educational activities, conducted under 
     this section. Such services may include--
       ``(1) information and counseling regarding--
       ``(A) accredited law school academic programs, especially 
     tuition, fees, and admission requirements;
       ``(B) course work offered and required for graduation;
       ``(C) faculty specialities and areas of legal emphasis;
       ``(D) undergraduate preparatory courses and curriculum 
     selection;
       ``(2) tutoring and academic counseling, including 
     assistance in preparing for bar examinations;
       ``(3) prelaw mentoring programs, involving law school 
     faculty, members of State and local bar associations, and 
     retired and sitting judges, justices, and magistrates;
       ``(4) assistance in identifying preparatory courses and 
     material for the law school aptitude or admissions tests;
       ``(5) summer institutes for Thurgood Marshall Fellows that 
     expose the Fellows to a rigorous curriculum that emphasizes 
     abstract thinking, legal analysis, research, writing, and 
     examination techniques; and

[[Page S11879]]

       ``(6) midyear seminars and other educational activities 
     that are designed to reinforce reading, writing, and studying 
     skills of Thurgood Marshall Fellows.
       (e) Duration of the Provision of Services.--The services 
     described in subsection (d) may be provided--
       (1) prior to the period of law school study;
       (2) during the period of law school study; and
       (3) during the period following law school study and prior 
     to taking a bar examination.
       ``(f) Subcontracts and Subgrants.--For the purposes of 
     planning, developing, or delivering one or more of the 
     services described in subsection (d), the Council on Legal 
     Education Opportunity shall enter into subcontracts with, and 
     make subgrants to, institutions of higher education, law 
     schools, public and private agencies and organizations, and 
     combinations of such institutions, schools, agencies, and 
     organizations.
       ``(g) Stipends.--The Secretary shall annually establish the 
     maximum stipend to be paid (including allowances for 
     participant travel and for the travel of the dependents of 
     the participant) to Thurgood Marshall Fellows for the period 
     of participation in summer institutes and midyear seminars. A 
     Fellow may be eligible for such a stipend only if the Fellow 
     maintains satisfactory academic progress toward the Juris 
     Doctor or Bachelor of Laws degree, as determined by the 
     respective institutions.
       ``(h) Maximum Level.--For any year for which an 
     appropriation is made to carry out this chapter, the 
     Secretary shall allocate not more than $5,000,000 for the 
     purpose of providing the services described in subsection 
     (d).''.
                                 ______