[Congressional Record Volume 146, Number 47 (Thursday, April 13, 2000)]
[Senate]
[Page S2737]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:
  S. 2423. A bill to provide Federal Perkins Loan cancellation for 
public defenders; to the Committee on Health, Education, Labor, and 
Pensions.


         federal perkins loan cancellation for public defenders

 Mr. DURBIN. Mr. President, today I am introducing legislation 
with Senators Feinstein, Dodd, Wellstone, and Bingaman to include full-
time public defense attorneys in the Federal Perkins Loan forgiveness 
program for law enforcement officers. This amendment will provide 
parity to public defense attorneys and uphold the goals set forth by 
the Supreme Court to equalize access to legal resources. Representative 
Tom Campbell of California will be introducing a similar bill in the 
House.
  Under section 465(a)(2)(F) of the Higher Education Act of 1965, a 
borrower with a loan made under the Federal Perkins Loan Program is 
eligible to have the loan canceled for serving full-time as a law 
enforcement officer or corrections officer in a local, State, or 
Federal law enforcement or corrections agency. While the rules 
governing borrower eligibility for law enforcement cancellation have 
been interpreted by the Department of Education to include prosecuting 
attorneys, public defenders have been excluded from the loan 
forgiveness program. This policy must be amended.
  Like prosecutors, public defense attorneys play an integral role in 
our adversarial process. This judicial process is the most effective 
means of getting at truth and rendering justice. The United States 
Supreme Court in a series of cases has recognized the importance of the 
right to counsel in implementing the Sixth Amendment's guarantee of a 
fair trial and the Fourteenth Amendment's due process clause requiring 
counsel to be appointed for all persons accused of offenses in which 
there is a possibility of a jail term being imposed.
  Absent adequate counsel for all parties, there is a danger that the 
outcome may be determined not by who has the most convincing case but 
by who has the most resources. The Court rightly addressed this 
possible miscarriage of justice by requiring counsel to be appointed 
for the accused. Public defenders fill this Court mandated role by 
representing the interests of criminally accused indigent persons. They 
give indigent defendants sufficient resources to present an adequate 
defense, so that the public goal of truth and justice will govern the 
outcome.
  The Department of Education's interpretation of the statue to exclude 
public defenders from the loan forgiveness program undermines the goals 
set forth by the Supreme Court to equalize access to legal resources. 
It creates an obvious disparity of resources between public defenders 
and prosecutors by encouraging talented individuals to pursue public 
service as prosecutors but not as defenders. The criminal justice 
system works best when both sides are adequately represented. The 
public interest is served when indigent defendants have access to 
talented defenders. One of the ways to facilitate this goal is by 
granting loan cancellation benefits to defense attorneys.
  Moreover, public defense attorneys meet all the eligibility 
requirements of the loan forgiveness program as set forth in current 
federal regulations. They belong to publicly funded public defender 
agencies and they are sworn officers of the court whose principal 
responsibilities are unique to the criminal justice system and are 
essential in the performance of the agencies' primary mission. In 
addition, like prosecuting attorneys, public defenders are law 
enforcement officers dedicated to upholding, protecting, and enforcing 
our laws. Without public defense attorneys, the adversarial process of 
our criminal justice system could not operate.
  I urge my colleagues to join me, Senator Feinstein, Senator Dodd, 
Senator Wellstone, Senator Bingaman, and Representative Campbell in 
supporting the goal of equalized access to legal resources, as set 
forth in the Constitution and elucidated by the Supreme Court, by 
providing parity to public defenders and allowing them to join 
prosecutors in receiving loan cancellation benefits.
  Mr. President, 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. 2423

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

     SECTION 1. FEDERAL PERKINS LOAN CANCELLATION FOR PUBLIC 
                   DEFENDERS.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of Education has issued clarifications 
     that prosecuting attorneys are among the class of law 
     enforcement officers eligible for benefits under the Federal 
     Perkins Loan cancellation program.
       (2) Like prosecutors, public defenders also meet all the 
     eligibility requirements of the Federal Perkins Loan 
     cancellation program as set forth in Federal regulations.
       (3) Public defenders are law enforcement officers who play 
     an integral role in our Nation's adversarial legal process. 
     Public defenders fill the Supreme Court mandated role 
     requiring that counsel be appointed for the accused, by 
     representing the interests of criminally accused indigent 
     persons.
       (4) In order to encourage highly qualified attorneys to 
     serve as public defenders, public defenders should be 
     included with prosecutors among the class of law enforcement 
     officers eligible to receive benefits under the Federal 
     Perkins Loan cancellation program.
       (b) Amendment.--Section 465(a)(2)(F) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(F)) is amended 
     by inserting ``, or as a full-time public defender for 
     service to local, State, or Federal governments (directly or 
     by a contract with a private, nonprofit organization)'' after 
     ``agencies''.
       (c) Effective Date.--The amendment made by this section 
     shall apply to--
       (1) loans made under this part, whether made before, on, or 
     after the date of enactment of this Act; and
       (2) service as a public defender that is provided on or 
     after the date of enactment of this Act.
       (d) Construction.--Nothing in this section shall be 
     construed to authorize the refunding of any repayment of a 
     loan.
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