[Congressional Record Volume 153, Number 80 (Tuesday, May 15, 2007)]
[House]
[Pages H4978-H4982]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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JOHN R. JUSTICE PROSECUTORS AND DEFENDERS INCENTIVE ACT OF 2007
Mr. CONYERS. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 916) to provide for loan repayment for prosecutors and
public defenders, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 916
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John R. Justice Prosecutors
and Defenders Incentive Act of 2007''.
SEC. 2. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS.
Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the
end the following:
``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS
``SEC. 3111. GRANT AUTHORIZATION.
``(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment as
prosecutors and public defenders.
``(b) Definitions.--In this section:
``(1) Prosecutor.--The term `prosecutor' means a full-time
employee of a State or local agency who--
``(A) is continually licensed to practice law; and
``(B) prosecutes criminal or juvenile delinquency cases (or
both) at the State or local level, including an employee who
supervises, educates, or trains other persons prosecuting
such cases.
``(2) Public defender.--The term `public defender' means an
attorney who--
``(A) is continually licensed to practice law; and
``(B) is--
``(i) a full-time employee of a State or local agency who
provides legal representation to indigent persons in criminal
or juvenile delinquency cases (or both), including an
attorney who supervises, educates, or trains other persons
providing such representation;
``(ii) a full-time employee of a nonprofit organization
operating under a contract with a State or unit of local
government, who devotes substantially all of such full-time
employment to providing legal representation to indigent
persons in criminal or juvenile delinquency cases (or both),
including an attorney who supervises, educates, or trains
other persons providing such representation; or
``(iii) employed as a full-time Federal defender attorney
in a defender organization established pursuant to subsection
(g) of section 3006A of title 18, United States Code, that
provides legal representation to indigent persons in criminal
or juvenile delinquency cases (or both).
``(3) Student loan.--The term `student loan' means--
``(A) a loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq.);
``(B) a loan made under part D or E of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1087a et seq. and
1087aa et seq.); and
``(C) a loan made under section 428C or 455(g) of the
Higher Education Act of 1965 (20 U.S.C. 1078-3 and 1087e(g))
to the extent that such loan was used to repay a Federal
Direct Stafford Loan, a Federal Direct Unsubsidized Stafford
Loan, or a loan made under section 428 or 428H of such Act.
``(c) Program Authorized.--The Attorney General shall,
subject to the availability of appropriations, establish a
program by which the Department of Justice shall assume the
obligation to repay a student loan, by direct payments on
behalf of a borrower to the holder of such loan, in
accordance with subsection (d), for any borrower who--
``(1) is employed as a prosecutor or public defender; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(d) Terms of Loan Repayment.--
``(1) Borrower agreement.--To be eligible to receive
repayment benefits under subsection (c), a borrower shall
enter into a written agreement with the Attorney General that
specifies that--
``(A) the borrower will remain employed as a prosecutor or
public defender for a required period of service of not less
than 3 years, unless involuntarily separated from that
employment;
``(B) if the borrower is involuntarily separated from
employment on account of misconduct, or voluntarily separates
from employment, before the end of the period specified in
the agreement, the borrower will repay the Attorney General
the amount of any benefits received by such employee under
this section; and
``(C) if the borrower is required to repay an amount to the
Attorney General under subparagraph (B) and fails to repay
such amount, a sum equal to that amount shall be recoverable
by the Federal Government from the employee (or such
employee's estate, if applicable) by such methods as are
provided by law for the recovery of amounts owed to the
Federal Government.
``(2) Repayment by borrower.--
``(A) In general.--Any amount repaid by, or recovered from,
an individual or the estate of an individual under this
subsection shall be credited to the appropriation account
from which the amount involved was originally paid.
``(B) Merger.--Any amount credited under subparagraph (A)
shall be merged with other sums in such account and shall be
available for the same purposes and period, and subject to
the same limitations, if any, as the sums with which the
amount was merged.
``(C) Waiver.--The Attorney General may waive, in whole or
in part, a right of recovery under this subsection if it is
shown that recovery would be against equity and good
conscience or against the public interest.
``(3) Limitations.--
``(A) Student loan payment amount.--Student loan repayments
made by the Attorney General under this section shall be made
subject to the availability of appropriations, and subject to
such terms, limitations, or conditions as may be mutually
agreed upon by the borrower and the Attorney General in an
agreement under paragraph (1), except that the amount paid by
the Attorney General under this section shall not exceed--
``(i) $10,000 for any borrower in any calendar year; or
``(ii) an aggregate total of $60,000 in the case of any
borrower.
``(B) Beginning of payments.--Nothing in this section shall
authorize the Attorney General to pay any amount to reimburse
a borrower for any repayments made by such borrower prior to
the date on which the Attorney General entered into an
agreement with the borrower under this subsection.
``(e) Additional Agreements.--
``(1) In general.--On completion of the required period of
service under an agreement under subsection (d), the borrower
and the Attorney General may, subject to paragraph (2), enter
into an additional agreement in accordance with subsection
(d).
``(2) Term.--An agreement entered into under paragraph (1)
may require the borrower to remain employed as a prosecutor
or public defender for less than 3 years.
``(f) Award Basis; Priority.--
``(1) Award basis.--The Attorney General shall provide
repayment benefits under this section--
``(A) subject to the availability of appropriations; and
``(B) in accordance with paragraph (2), except that the
Attorney General shall determine a fair allocation of
repayment benefits among prosecutors and defenders, and among
employing entities nationwide.
``(2) Priority.--In providing repayment benefits under this
section in any fiscal year, the Attorney General shall give
priority to borrowers--
``(A) who, when compared to other eligible borrowers, have
the least ability to repay their student loans (considering
whether the borrower is the beneficiary of any other student
loan repayment program), as determined by the Attorney
General; or
``(B) who--
``(i) received repayment benefits under this section during
the preceding fiscal year; and
``(ii) have completed less than 3 years of the first
required period of service specified for the
[[Page H4979]]
borrower in an agreement entered into under subsection (d).
``(g) Regulations.--The Attorney General is authorized to
issue such regulations as may be necessary to carry out the
provisions of this section.
``(h) Report by Inspector General.--Not later than 3 years
after the date of the enactment of this section, the
Inspector General of the Department of Justice shall submit
to Congress a report on--
``(1) the cost of the program authorized under this
section; and
``(2) the impact of such program on the hiring and
retention of prosecutors and public defenders.
``(i) GAO Study.--Not later than one year after the date of
the enactment of this section, the Comptroller General shall
conduct a study of, and report to Congress on, the impact
that law school accreditation requirements and other factors
have on the costs of law school and student access to law
school, including the impact of such requirements on racial
and ethnic minorities.
``(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each of the fiscal years 2008 through 2013.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Conyers) and the gentleman from Virginia (Mr. Forbes)
each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. CONYERS. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CONYERS. Madam Speaker, I yield myself as much time as I may
consume.
I am proud to join with the gentleman from Virginia (Mr. Forbes) and
rise in strong support of H.R. 916 because our Nation's criminal
justice system depends on the hard work and commitment of the men and
women who serve as prosecutors and defenders; yet the ability of the
public sector to attract qualified individuals and to retain
experienced attorneys is increasingly becoming more compromised.
As many of us know, recent law school graduates are often burdened
with overwhelming student education loans. The amount of their debt can
effectively preclude a young attorney from choosing to practice in the
public sector, and with the median salary for an associate in private
practice now many times the median salary of a State prosecutor,
public-spirited attorneys who owe extensive student loans have a very
hard time deciding that they can afford to work in our criminal justice
system.
In Wayne County, Michigan, our county prosecutor Ms. Kym Worthy, a
veteran trial lawyer before she assumed the position, has come to me
repeatedly asking for help in this area.
So this measure addresses the critical problem by directing the
Attorney General to establish a loan repayment assistance program for
an individual who agrees to remain employed for at least 3 years as
either a State or local criminal prosecutor or as a State, local or
Federal public defender for criminal cases.
Madam Speaker, I reserve the balance of my time.
Mr. FORBES. Madam Speaker, I yield myself such time as I may consume.
H.R. 916, the John R. Justice Prosecutors and Defenders Incentive Act
of 2007, establishes a loan forgiveness program within the Department
of Justice for State and local prosecutors and for Federal, State and
local public defenders. However, the bill, as introduced, raised
several concerns regarding the breadth and cost of the loan forgiveness
program.
I am pleased that the majority listened to our concerns, and at the
Judiciary Committee markup we were able to reach a bipartisan
compromise that ensures fiscal responsibility while encouraging young
attorneys to join the criminal justice system and preventing attrition.
Many law school graduates carry a large amount of student loan debt,
on average between $50,000 and $80,000. More than 80 percent of law
students borrow to pay for their law degree, and the amount borrowed by
many students exceeds $100,000.
At the same time, the median entry level salary for State prosecuting
attorneys is $46,000, and the median entry level salary for public
defenders is $43,000.
Several States and prosecuting agencies currently offer loan
repayment programs. Yet, H.R. 916, as introduced, made no provisions
for whether participation in existing State and local loan repayment
programs would offset repayment from this program.
This substitute amends the bill to direct the Department of Justice
to consider applicants' participation in other loan repayment programs
when determining their ability to pay their loans.
The bill, as introduced, would have resulted in a very costly
program. Although the bill caps repayment at $60,000 per applicant, as
few as 25,000 applicants would have cost $1.5 billion over the life of
the program, even with the cap in place.
The bill also authorized the program at $25 million for the first
year and such sums as are necessary for each additional year. The
bipartisan compromise authorizes $25 million a year for 6 years. This
fiscally responsible limit on the authorization provides Congress the
opportunity to review the cost effectiveness of the program.
The bipartisan compromise directs the Inspector General of the
Department of Justice to review the costs of the program and determine
whether the program positively impacts the hiring and retention of
prosecutors and public defenders.
The compromise also directs the Department of Justice to administer
this program subject only to the availability of appropriations,
ensuring that the Department's criminal justice responsibilities remain
a priority.
H.R. 916, as amended, directs the Attorney General to give priority
to those applicants with the least ability to repay their loans. This
provision guarantees that funds will be made available under this
program to those prosecutors or public defenders suffering the greatest
burden.
I thank Chairman Conyers and Crime Subcommittee Chairman Scott for
their cooperation on this legislation, and I urge my colleagues to
support the bill.
Madam Speaker, I reserve the balance of my time.
Mr. CONYERS. Madam Speaker, I yield myself 1 minute to congratulate
the gentleman from Virginia (Mr. Forbes), the floor manager of this
bill, and to thank him for the helpful compromises that he led in
working out the bipartisan support of this bill. I thank you.
Madam Speaker, I yield 6 minutes to the gentleman from Georgia (Mr.
Scott), the author of the bill.
Mr. SCOTT of Georgia. Madam Speaker, I thank very much Chairman
Conyers. This is indeed a great moment. It is a great time, and I
appreciate the leadership that you provide as chairman of the committee
and all of our colleagues.
This is definitely a bipartisan effort to really deal with one of the
most pressing issues facing our country today, Madam Speaker. I cannot
think of a more significant thing we can do to make the essence of this
country a reality for all. For at the cornerstone of America are these
words: wisdom and justice and fairness and moderation. That is what
makes this country great.
And at the cornerstone of that is to be able to have, when you come
before the bar of justice, that justice is indeed blind and that
everyone will be able to receive justice in a fair way. Regardless of
whether or not you are a wealthy person or if you are a poor person,
one thing is important: you are an American citizen and you deserve to
make sure that you have fairness and justice and integrity when you
come before the criminal justice system.
Unfortunately, now, Madam Speaker, that is not the case. For in all
too many cases, when it comes down to public defenders and prosecutors,
that is not the case because of the strains and the interplay of our
economic system and the pressures that the marketplace has on that.
But what I am talking about is this, that right now the cost of
living has gone up 28 percent, but the costs of tuition for 3 years in
law school has gone up 167 percent. So that the average cost now per
year for a student to go to law school is $50,000 a year. For 3 years,
that's $150,000.
So, Madam Speaker, what I am saying is when that individual gets out
of
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school he has to go into a marketplace where the private economy is
willing to pay him an average now of $110,000, and in some markets in
this country, such as New York or California and even in my home State
of Georgia in Atlanta, beginning law school students going into the
private sector can earn as much as $160,000 a year. But if you're a
public defender, if you're a prosecutor, the average starting salary is
just $43,000.
That is the crux of the problem, and that's why we have this bill,
Madam Speaker, so that we can bring some equity to the playing field;
so that we will be able to provide law students with the opportunity to
help them with their loan repayment; so that we can have a partial loan
forgiveness, not total.
This package that we're offering would give an individual up to
$10,000 from the Federal Government to help offset his loans, and he
must serve in the public sector for 3 years. But there's also
contingent in our bill that with agreement with the employer if he
wants to extend that after priority has been given to those that come
in at 3 years first, that he will be able to extend it for 3 more
years. So the maximum they can get is $60,000.
No, this will not solve the problem, Madam Speaker, but this is a
very complex problem. But there are young people that understand the
virtues and the need of this country to serve in the public arena, and
we need those bright and talented individuals to be able to come into
this arena, and this is a small incentive package for which we give.
As my colleague pointed out, this amounts to $25 million a year up to
6 years. It is a small gesture, but it is a meaningful investment
because otherwise what we have is today where many innocent people are
languishing in jails because we are not addressing this issue and many
who are criminals are going free.
And that's why for the last 2 years, Madam Speaker, I have been
pushing and working on this bill because, at the crux of it all, as I
said, America is great because of many things, but paramount is
justice, it is wisdom and it is moderation. That's in our flag, that's
in our motto, and that's what is in this bill.
This bill is a companion bill. We have the Senate who has already
moved on this in a bipartisan way under the leadership of Senator
Richard Durbin of Illinois, their distinguished majority whip, and
we're very proud.
So I am very proud for this moment at this time in this House of
Representatives for us to move forthright and to be able to bring some
help to our college law students and especially into the private sector
and to those individuals who cannot afford a high-priced attorney but
have to rely on a public defender.
Madam Speaker, don't these individuals deserve to be able to have the
best legal representation? Yes, they do, and that's why this bill is
important and that's why I commend this to the full House of
Representatives, and I am sure we will have a strong bipartisan vote
for it.
I thank the chairman and thank my colleagues, and I urge your passage
of this bill.
Mr. FORBES. Madam Speaker, I yield as much time as he may consume to
the gentleman from Texas (Mr. Poe), an individual who knows firsthand
the importance of good prosecutors and public defenders having served
as a district court trial judge.
Mr. POE. Madam Speaker, I want to thank the gentleman from Virginia
for yielding some time.
Madam Speaker, I was a former prosecutor for 8 years and a judge in
Texas for 22. I spent all my life basically in the criminal justice
system as a prosecutor or as a trial judge, and I can attest to the
high workload, long hours and low pay attributed to our Nation's
prosecutors and to public defenders.
I have found over the years that most of them do what they do because
they are committed to serving the public, either as a prosecutor or a
public defender. They certainly don't do it for the money.
According to the Law Schools Admission Council, however, the average
law school debt for an individual who borrows Federal or private loans
is anywhere from $90,000 up. The starting salary for local and State
prosecutors and public defenders starts anywhere at $25,000 and
sometimes it reaches $50,000. It is not nearly enough to cover the
expenses and keep up with the high loan repayments every month that
these lawyers have to deal with.
This leaves many qualified and dedicated lawyers leaving the district
attorney's office and the public defender's office for work in the
private sector where they can make more money. What happens is these
lawyers get trial experience at taxpayers' expense, then leave for the
big law firms because of their low government salary and their high law
school debt.
When I served in the criminal courts as a judge for 22 years, I saw
many good prosecutors and public defenders just leave public service
because of this problem.
The people of our Nation and the victims of crime need to have the
best trial lawyers we can find to prosecute criminal cases. Defendants,
likewise, need conpetent public defenders to represent the rights of
the citizen accused.
I am honored to be a cosponsor of H.R. 916, the John R. Justice
Prosecutors and Defenders Incentive Act of 2007. Prosecutors and public
defenders can have up to $30,000 of law school debt erased if they
serve 3 years in their current position in public service.
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Of course, this is a renewable debt forgiveness. If the trial lawyer
is willing to work another 3 years as a prosecutor or public defender,
then a total of $60,000 of law school debt can be forgiven. Most of the
time, this will still not cover the majority of their law school debt.
Of course, local and State courts will benefit because they will be
able to keep qualified and competent trial lawyers. We need the best
trial lawyers in our legal profession to try criminal cases for the
State and the defense.
Madam Speaker, we basically have two types of lawyers--trial lawyers.
We have civil lawyers, and there are a lot of wonderful trial lawyers
who are civil lawyers.
But, basically, civil lawyers argue in the courtroom over money.
Nothing wrong with that, but that's what they are arguing over.
But in the criminal courts, we are arguing over something much more
important than money, and it's the liberty of the person on trial. It
is very serious business, and that's why you need the best prosecutor
and the best public defender that we can find to represent both sides
because the stakes are so high.
I urge my colleagues to support passage of H.R. 916.
I want to thank the gentleman from Georgia (Mr. Scott) for
introducing this important piece of legislation.
Mr. CONYERS. Madam Speaker, I yield myself 1 minute and that is to
describe the wide spectrum of legal support for this measure: the
National District Attorneys Association, the American Bar Association,
the National Association of Criminal Defense Lawyers, the National
Legal Aid & Defender Association, and many others.
Madam Speaker, I am now pleased to introduce a gentleman from South
Carolina, the chairman of the Budget Committee, as much time as he may
consume, Mr. John Spratt.
(Mr. SPRATT asked and was given permission to revise and extend his
remarks.)
Mr. SPRATT. Mr. Chairman, thank you very much for this opportunity to
say something on behalf of my constituent, John Reid Justice of South
Carolina, my good friend, my constituent, my trusted counselor,
whenever we had or I had any questions or any issues about criminal
justice, because he was the expert.
Madam Speaker, John Justice was almost elected to Congress himself.
But in the middle of his campaign, he did what duty called him to do.
He was in the National Guard, he took 2 weeks out for summer camp, and
never quite caught up. But for that, he might have been here sponsoring
legislation like the very bill before us which is named after him.
But providence had a better role for John Justice. He became a
prosecutor. We call them solicitors in South Carolina, not district
attorneys. He became a solicitor for nearly 30 years, and he became a
model solicitor. Others looked to him, admired him, and followed his
example. The better part of
[[Page H4981]]
his professional life, he was the prosecutor in the Sixth Judicial
Circuit of South Carolina. He was, as I said, a model prosecutor, so
much so that the National District Attorneys Association elected him,
from Chester, South Carolina, as president not long ago, just before he
died.
In addition, he was a model prosecutor. If you could have seen his
funeral, you would understand when I say the entire law enforcement
community in South Carolina turned out to pay honor to this splendid
fellow. He would have been proud to know that this bill bears his name,
particularly because of its substance, not just because of the honor,
but because of the substance of the bill. He would be proud to know
that he was having some part in helping young lawyers afford the
crushing burden of student loans.
So on behalf of the friends of John Justice, who knew him well and
practiced with him, on behalf of his family, on behalf of all those who
worked with him, I want to thank the committee for naming this bill
after him and for honoring him in this very special way.
I urge support for the bill.
Mr. FORBES. Madam Speaker, I yield 2 minutes to the distinguished
gentleman from Georgia (Mr. Gingrey).
Mr. GINGREY. I appreciate the gentleman yielding. I didn't know he
was going to yield so quickly. I am still out of breath from running
over here.
Madam Speaker, I wanted to come and lend my support to my good
friend, Congressman David Scott, my colleague from Georgia, and the
John R. Justice Prosecutors and Defenders Incentive Act.
Congressman Scott and I both served in the Georgia senate, he for a
while longer than I did, and with more power in the leadership there,
but we had passed similar legislation in Georgia, this commonsense
provision, to help give some relief to these young, brilliant attorneys
who are willing to go into work to serve either as a prosecutor or a
public defender.
The reason I feel so impassioned by it, my daughter, Phyllis Collins,
has been practicing in the Cobb County judicial system now for about 3
years. She came out of law school at Michigan State after graduating
from undergraduate school with a microbiology degree from Georgia Tech.
I thought she would become a doctor, but she became a darn good lawyer
instead.
She came out of that school with about $100,000 in debt, just as this
bill indicates in the language we have read. That's just a typical
situation that my daughter, Phyllis, is in. She took that job for about
$60,000 a year, I believe. She served a year and a half as a
prosecutor. Now she is a public defender.
It's people like Phyllis Collins that we need to encourage to do this
kind of important work on behalf of people, the public defenders, the
prosecutors. They are bringing justice to people that otherwise could
not afford justice.
I think that I want to say once again to Congressman Scott and all
the others on our side of the aisle as well, my good friend from
Virginia, Randy Forbes, who have brought this bill forward, I thank you
for the time. I support it tremendously, and I congratulate you for
doing this.
Mr. CONYERS. Madam Speaker, I yield myself as much time as I may
consume.
I would bring to the attention of our membership a communication from
the National Conference of Chief Justices at the State level in support
of Federal legislation to create incentives to law students to
participate in public service occupations after graduations.
The 109th Congress considered legislation designed to encourage
qualified individuals to enter in and continue employment for at least
3 years as criminal prosecutors and public defenders by means of
providing the United States Government payment of a portion of that
individual student loan for each year of such employment.
Whereas the 110th Congress is also likely to consider legislation to
assist the repayment of student loans of qualified individuals who
commit to employment as prosecutors and public defenders, therefore,
the Association of American Law Schools, Equal Justice Works, the
National Legal Aid & Defender Association, and the American Bar
Association have expressed support for the above-described legislation,
and the lawyers to engage in civil and legal services to enhance access
by justice, by low-income persons rendered valuable public service that
is comparable to that provided by criminal prosecutors and public
defenders.
Therefore, be it resolved that the Conference of Chief Justices
hereby urges the Congress to adopt legislation to give financial
incentives to law school graduates to commit to sustained public
service as prosecutors and public defenders.
Therefore, the conference additionally encourages Congress to develop
and adopt separate legislation providing similar relief for qualified
individuals who engage in employment as civil, legal aid attorneys,
adopted as proposed by the Government Affairs Committee and the
Professionalism and Competence Committee of the Conference of Chief
Justices on February 7 in the year 2007.
Madam Speaker, I would be happy to recognize former judge Louie
Gohmert of the Judiciary Committee for 1 minute.
Mr. GOHMERT. Thank you, Mr. Chairman. I do applaud the chairman and
the ranking member for the work on this bill.
Madam Speaker, having started out as an assistant district attorney,
and then my years as a judge, I constantly saw how difficult it was in
our Smith County District Attorney's Office to hire good lawyers, even
to hire any lawyers. Thank you for your efforts on this behalf. I think
it's a great bill and the right way to do things, providing incentives
to do good things. I appreciate it.
Mr. CONYERS. I thank the gentleman from Texas for his contribution.
Madam Speaker, I yield back the balance of my time.
Mr. FORBES. Madam Speaker, we just request and urge the passage of
the bill.
Ms. JACKSON-LEE of Texas. Madam Speaker, I rise in support of H.R.
916, the John R. Justice Prosecutors and Defenders Incentive Act of
2007. I thank the Chairman and the Ranking Member for their effort and
time in holding this very important markup hearing.
Madam Speaker, I support H.R. 916 because it amends the Omnibus Crime
Control and Safe Streets Act of 1968 to direct the Attorney General to
assume the obligation to repay student loans for borrowers who agree to
remain employed, for at least three years, as: (1) State or local
criminal prosecutors; or (2) State, local, or Federal public defenders
in criminal cases. H.R. 916 also will allow a borrower and the Attorney
General to enter into an additional loan repayment agreement, after the
required three-year period, for a successive period of service which
may be less than three years. The bill also limits the amount paid
under such program on behalf of any borrower to $10,000 per calendar
year and $60,000 total.
Madam Speaker, this bipartisan legislation will benefit our criminal
justice system and our communities by creating a student loan repayment
program for law school graduates who agree to serve for at least 3
years as criminal prosecutors or public defenders.
Madam Speaker, over recent years we have witnessed the difficulty
prosecutor and public defender offices across the country have had
attracting and retaining qualified attorneys. We have also seen that
our communities suffer when the criminal justice system fails to obtain
and retain a sufficient supply of experienced prosecutors and
defenders. Under those trying circumstances, the resulting effect is
that criminal caseloads become unmanageable, cases can be delayed or
mishandled, serious crimes may go unprosecuted, and innocent defendants
may be sent to jail. H.R. 916 will improve the administration of the
criminal justice system to recruit and retain talented attorneys and
help that system function more effectively.
Although I support H.R. 916, it needs to go a step further in
ensuring that bright lawyers will lend their services to civil public
service legal careers that include legal aid to this country's most
disadvantaged and vulnerable populations. That is why during the markup
of H.R. 916 I strongly supported the Nadler Amendment, which included
civil legal aid attorneys in the category of lawyers eligible for loan
forgiveness. Indeed, the Nadler Amendment is comparable to more
extensive legislation that I plan to introduce.
Including civil legal aid attorneys in the group who may qualify for
loan forgiveness when committing to work in public service will help to
recruit and retain legal aid lawyers so that low-income Americans
receive the legal assistance they need. Specifically, the Amendment
would provide a loan repayment program for new law graduates who work
for legal aid.
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Providing loan relief for legal aid attorneys is crucial. Legal Aid
attorneys protect the safety, security, and health of low-income
citizens nationwide. Support for such programs not only provides relief
for prospective legal aid attorneys but also for the most vulnerable
members of our population. Such programs are available for Federal
prosecutors and other Federal employees. But, for the legal aid
attorneys--who have the lowest incomes--there currently is not enough
access to loan repayment programs. We must ensure that legal aid
attorneys receive the financial incentives they need to commit to a
career in legal aid.
Without such incentive as loan relief, the legal aid field will
continue to fall far short of the mark to meet the needs and demands of
requests for legal assistance. Despite the importance of the services
legal aid lawyers provide, almost half of the eligible people seeking
assistance from Legal Aid are being turned away because of a lack of
resources. As law school tuition has skyrocketed, so has a young
lawyer's debt. A recent survey found that with median law school debt
at $70,000 with an additional $16,000 in undergraduate debt, over 65
percent of new law school graduates were prevented from even
considering a public service career.
Given the financial realities, individuals who take positions with
legal aid often leave after two or three years. One Midwestern program
cited a turnover rate of 60 percent over a two year period, with an
average tenure for new attorneys of 17 months. Many of these young
attorneys leave at a time when they have just develop necessary
experience, creating a revolving door of inexperienced lawyers. This
turnover dramatically decreases the efficiency of the program and the
vital services it provides. Such a bill would allow young lawyers to
choose a career in public service without having to bear the heavy
burden of law school debt on their own.
Madam Speaker, whether legal aid attorneys, prosecutors or public
defenders, public service attorneys must be given some comparable
incentive to choose a career in public service instead of a career in
the higher-paying private sector arena. One of the primary reasons for
the recruiting difficulty of the administration of the criminal justice
system is that huge amounts of student debt have pulled students in the
opposite direction of public service careers such as those of
prosecutors and defenders. Why? We all know that no one is going to get
rich going into service careers such as teachers, social workers, and
prosecutors and public defenders especially when they are starting out
with enormous student loan obligations. That is why we must give those
who wish to serve in public service careers incentive such as loan
forgiveness so that they will not forgo service careers simply because
they are buried in mounds of student loans.
H.R. 916, which authorizes $25 million in appropriations for FY08,
establishes a program of student loan repayment for borrowers who agree
to remain employed, for at least 3 years, as State or local criminal
prosecutors or as State, local or Federal public defenders in criminal
cases (note that Federal prosecutors are already eligible for loan
relief through existing Federal programs). The 3 year period is
comparable to other loan forgiveness programs.
Other important aspects of the bill include: allowing eligible
attorneys to receive student loan debt repayments of up to $10,000 per
year, with a maximum aggregate over time of $60,000; covering student
loans made, insured or guaranteed under the Higher Education Act of
1965, including consolidation loans; providing that repayments benefits
be made available to eligible attorneys on a first-come, first served
basis, subject to the availability of appropriations; and permitting
attorneys to enter into additional loan repayment agreements, after the
required 3-year period, for additional periods of service. The bill
also sets safeguards to ensure loan forgiveness participants satisfy
their commitments by requiring attorneys to repay the Government if
they do not complete their required period of service.
Madam Speaker, this bill has bipartisan support as well as wide
support in the legal community. H.R. 916 is supported by the American
Bar Association, the National District Attorneys Association, the
National Association of Prosecutor Coordinators, the National Legal Aid
and Defender Association and the National Association of Criminal
Defense Lawyers.
Madam Speaker, I strongly support this bill and urge my colleagues to
support this bill.
Mr. FORBES. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Conyers) that the House suspend the rules
and pass the bill, H.R. 916, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. CONYERS. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this question will
be postponed.
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