[Congressional Record Volume 147, Number 91 (Wednesday, June 27, 2001)]
[Senate]
[Page S6998]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself,Mr. Chafee, Mrs. Feinstein, Mr. 
        Bingaman, Mr. Akaka, Mr. Kerry, Mr. Sarbanes, Mr. Johnson, and 
        Mr. Inouye):
  S. 1112. A bill to provide Federal Perkins Loan cancellation for 
public defenders; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. DURBIN. Mr. President, today I rise with Senator Chafee to 
reintroduce legislation to include full-time public defense attorneys 
in the Federal Perkins Loan Cancellation Forgiveness Program for law 
enforcement officers. This bill would provide parity to public defense 
attorneys and uphold the goals set forth by the Supreme Court to 
equalize access to legal resources. Senators Feinstein, Bingaman, 
Akaka, Kerry, Sarbanes, Johnson, and Inouye are original cosponsors of 
this bipartisan bill. Representative Tom Campbell of California 
introduced a companion bill in the House in the 106th Congress.
  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 correction 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 person 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 maybe 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 person. 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 statute to 
include 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 colleague to join me, Senator Chafee, Senator Feinstein, 
Senator Bingaman, Senator Akaka, Senator Kerry, Senator Sarbanes, 
Senator Johnson, and Senator Inouye 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.
  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. 1112

       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 a local or State government, or to the Federal 
     Government (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 part E of title IV of the Higher 
     Education Act of 1965, 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 or the amendment 
     made by this section shall be construed to authorize the 
     refunding of any repayment of a loan.
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