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February 28, 2023

Legislative Priorities for the 118th Congress

ABA Legislative Priorities (Adopted by the Board of Governors February 2023)

ACCESS TO LEGAL SERVICES

Increase Funding for the Legal Services Corporation

The Legal Services Corporation (LSC) is the nation’s largest provider of civil legal aid for low-income Americans, and LSC grantees serve over 1.8 million people in every congressional district throughout the United States. LSC directly benefits veterans, individuals in rural communities, aging Americans, disaster victims, victims of the opioid epidemic, women (who are over 71% of clients), and many others. However, LSC has been under-resourced for decades, and the COVID-19 pandemic and multiple devastating natural disasters have made the problem more acute due to significantly increased demand for legal aid across the country.

The ABA has advocated vigorously over the years for increased and robust LSC funding. These efforts during the 117th Congress were successful. Most recently, LSC funding was boosted to $560 million for FY 2023, which represents a $71 million increase and equates to a 14.5% higher allocation than the previous fiscal year. Congress also allocated an additional $20 million to LSC specifically dedicated to providing relief to victims of natural disasters.

During the 118th Congress, GAO will continue to build and expand coalitions of support and seek innovative ways to explain the need for LSC to secure as high a level of funding as possible for FY 2024 and FY 2025.

CIVIC EDUCATION AND ELECTION INTEGRITY

Support Civic Education Initiatives

The ABA supports civic education to foster understanding of the Constitution and the rights and responsibilities of citizenship, including voting. Our policy supports federal initiatives to promote digital literacy, civic education, and public awareness to build societal resilience to domestic and foreign malign disinformation operations and to increase understanding of the importance of democracy, voting, and democratic institutions. Several bills were introduced in the 117th Congress to enhance civic education, including the bipartisan Civics Secures Democracy Act (CSDA), which the ABA supported. While Congress did increase funding for civics education as a part of the FY 2023 omnibus appropriations package, neither the CSDA nor any other civics-specific legislation was passed. The CSDA is expected to be reintroduced in the 118th Congress.

Support Enhancement of Election Security

Ensuring the security of our elections involves protecting physical infrastructure, such as voting machines and computer systems, as well as combatting efforts sponsored by foreign individuals or entities to spread disinformation. The ABA supports federal funding to protect the security and integrity of the federal election process and authorization for the National Institute of Standards and Technology to define federal standards and develop a certification process for cybersecurity of election systems software, infrastructure, and hardware. The ABA also supports federal legislation to prohibit the use of false, deceptive, or misleading statements and acts by foreign principals regarding the time, place, or manner of voting, to interfere with voting, registering to vote, vote tabulation, or vote reporting. Numerous bills addressing election security and disinformation were passed by the House in the 117th Congress, including H.R. 1, the For the People Act, but were filibustered in the Senate.

While it is unlikely that any comprehensive election reform bill will be taken up by the House in the 118th Congress, there will be some opportunities to advocate on election security and integrity measures as a part of the annual appropriations process.

Support Protection of Voting Rights

The ABA has long supported measures protecting the right to vote, particularly for vulnerable and historically disenfranchised populations. This includes support for the enhancement of remedies under the 1965 Voting Rights Act, in response to Shelby County v. Holder, that would provide a new, flexible coverage formula and create nationwide transparency requirements to keep citizens informed about voting changes in their community. The ABA also supports efforts to remove barriers to voting for Native Americans and Alaska Natives, the homeless and disabled, and persons with criminal convictions. Legislation to restore Section 5 preclearance provisions of the Voting Rights Act, increase voter protection for Native Americans and Alaska Natives, reduce voting barriers for the disabled, and restore voting rights for convicted persons were introduced in the 117th Congress but none were enacted.

CRIMINAL JUSTICE SYSTEM IMPROVEMENTS

Eliminate Racial and Other Biases from the Criminal Justice System

The ABA is committed to eliminating bias in the justice system by reforming laws and practices that have an unjustifiably disproportionate impact on protected classes of individuals, e.g., race, ethnicity, gender, sexual orientation, and socio-economic class. ABA policy and research focus on points in the criminal justice system susceptible to bias – arrest, initial appearance, preliminary hearing, indictment, arraignment, trial, sentencing, appeal, and the application of collateral consequences of criminal convictions. The 117th Congress focused on discrimination and bias in several points in the system, including in the areas of police reform, sentencing for powder versus crack cocaine offenses, the special needs of women in corrections, and the over-reliance on incarceration and other harsh sanctions for a person’s inability to pay cash bail, fees, and fines. Many of the bills addressing these topics enjoyed broad bipartisan support in Congress and among organizations across the ideological spectrum. We anticipate they will return early this Congress. We further anticipate hearings and legislation concerning access to and funding for indigent defense as this Congress coincides with the 60th Anniversary of the Supreme Court decision in Gideon v. Wainwright, which established the right to counsel in serious criminal cases.

Support Effective Federal Sentencing and Corrections Reforms

The ABA supports federal sentencing reform aimed at eliminating mandatory minimum sentences and expanding alternatives to incarceration where appropriate. While legislation has been introduced in recent Congresses to provide “safety valves” to allow judges to depart from mandatory minimum sentences for non-violent, lower-level offenders, mandatory minimums for almost all other offenses remain intact. The ABA also supports “second look” legislation that would allow persons to have their lengthy sentences reviewed once they had served at least 10 years of the sentence, which is important given the absence of parole at the federal level. This year also marks the 50th anniversary of national policy favoring incarceration as the primary strategy for addressing crime that has resulted in the United States incarcerating more people and at a higher rate than any other nation. The 118th Congress is expected to examine these issues, and last year the ABA adopted an agenda for ending mass incarceration policies.

The ABA also seeks reform to correctional conditions and practices. Class action litigation challenging prison conditions during the COVID-19 pandemic produced substantial evidence of chronically poor conditions and corruption within certain federal correctional facilities. This led to bipartisan outrage, oversight hearings, and legislation. The ABA has a range of policies that guide lawmakers in the treatment of prisoners, as well as a roadmap for oversight of prisons. While no legislation passed during the 117th Congress, concern over prison conditions remains bipartisan, and the Bureau of Prisons has a new director who is open to reforms and has pledged to make improvements. This Congress, the ABA will also continue to advocate for the Effective Assistance of Counsel in the Digital Era Act, a bill to ensure that the attorney-client privilege protects electronic messages between lawyers and their federally incarcerated clients.

Promote Successful Re-Entry and Support Victims’ Rights

The ABA supports legislation to curb recidivism by ensuring that incarcerated persons have access to the programs and education they need to make successful transitions back into society. In addition, the ABA supports measures to reduce the collateral consequences of criminal convictions that undermine the success of programs providing employment, housing, nutrition, and related resources necessary for successful re-entry. While some collateral consequences may rationally be related to the underlying offense, most only serve as a second punishment by those who wish to appear to be “tough on crime.” This punitive strategy backfires when these collateral consequences permanently prevent access to programs or civic engagement that are shown to reduce recidivism. The ABA also supports victims’ rights and restorative justice measures that address the harms created by crime. 

CYBERSECURITY

Cybersecurity has become one of the major areas of focus for policymakers at every level of government, and the term “cybersecurity” now commonly incorporates issues related to cybersecurity, data security and digital privacy, as well as new advancements in technology, access to high-speed internet, the Internet of Things and “smart” devices generally. Survey respondents listed “Cybersecurity” as one of their leading policy priorities for the ABA to advocate upon during the 118th Congress, which was not surprising due to the public’s increasing concern over this topic.

Enhancing the ability of the public and private sector to prevent and detect cyber-attacks has long been a core mission and concern of the ABA. For example, the ABA has long recognized that we must prioritize enhancing the protection of computer systems used by lawyers, and this vigilance must extend to other critical sectors as well.

Additionally, the ABA has policy supporting the “objectives of a privacy protection policy relating to the acquisition, maintenance, use and disclosure of personal records” that can be advanced by statutory obligations which create and define the “uses and disclosures that will be made of recorded information about an individual.” Most recently, the ABA adopted a resolution regarding the appropriate uses of Artificial Intelligence that also seeks to balance the need to protect intellectual property rights.

We will continue to closely monitor this issue and engage with Members of Congress and senior staff as they work to further advance the American Data Privacy and Protection Act, (ADPPA) that received overwhelming bipartisan and bicameral support in the previous Congress. We will also review any other measures introduced in Congress or administrative regulatory initiatives related to cybersecurity, and continue championing efforts to prevent unauthorized intrusions into the computer systems and networks used by law firms and members of the legal profession in the practice of law.

Fortunately, cybersecurity issues in Congress have been largely bipartisan in both the House and Senate, with both political parties recognizing the need to keep pace with growing threats from abroad and acknowledging the need for updated laws that reflect the modern era. The 117th Congress enacted several bills which are designed to enhance cyber-security including legislation to support domestic manufacturing of semiconductors. They also passed S. 2520, the State and Local Government Cybersecurity Act, which would expand opportunities for collaboration between the Department of Homeland Security and state, local, tribal, and territorial governments on cybersecurity. 

ELIMINATION OF DISCRIMINATION

Support Legislation to Prevent Gender and LGBT+ Discrimination in Public Accommodations and the Workplace; Oppose Legislation that Rolls Back Federal Protections

Gender-based wage discrimination remains a problem in the workplace, despite enactment of the Equal Pay Act of 1963, which made it illegal for employers to pay unequal wages to men and women in the same workplace who perform substantially equal work. The ABA adopted policy in 2010 that supports the Paycheck Fairness Act and other legislation that enhances remedies and procedures to eradicate pay discrimination. The legislation, which passed the House last Congress, is likely to be reintroduced this Congress, along with legislation to mandate paid sick, family, and medical leave, supported by ABA policy adopted in 2018.

The ABA also supports legislation and other governmental actions prohibiting discrimination on the basis of sexual orientation and gender identity. One bill supported by the ABA that passed the House last Congress is the Equality Act, which would provide consistent and explicit anti-discrimination protections for LGBTQ+ people across key areas of life, including employment, housing, credit, education, public spaces and services, federally funded programs, and jury service.

The ABA has a long and proud history opposing myriad forms of discrimination in public accommodations and the workforce. We have focused this priority on gender-based wage discrimination and discrimination on the basis of sexual orientation and gender identity because these are the areas receiving the most congressional attention and where stronger federal laws are needed. 

Given narrow margins in each chamber and competing legislative priorities, it is unlikely that bills addressing these issues will pass even one chamber, but retaining this priority is important because eliminating discrimination is a core goal of ABA and we stand ready to vigorously oppose efforts to roll back existing protections.

IMMIGRATION REFORM

Support Access to Counsel and Due Process Safeguards

The ABA supports measures to increase due process safeguards for those in removal proceedings. Persons in immigration proceedings do not have a right to appointed counsel even though they face serious consequences, such as detention and removal from the country. Representation rates are low – 37 percent of all noncitizens and only 14 percent of detained noncitizens are represented in their proceedings. The ABA supports measures to increase access to counsel and legal information, including advocating for increased funding for the Department of Justice’s Legal Orientation Program, which provides legal rights presentations and pro bono screening for detainees. We support government-appointed counsel for the indigent and particularly vulnerable populations, such as children and the mentally ill and disabled.

Oppose Mandatory Detention and Support Alternatives to Detention

The ABA continues to oppose the detention of individuals in immigration proceedings except in extraordinary circumstances and to support increasing the use of alternatives to detention. Immigration and Customs Enforcement’s use of immigration detention has increased significantly from the 1990s to the present. Although the number declined in the past two years due to COVID-related restrictions, approximately 500,000 people were detained in 2019. With a record number of migrants arriving at the southern border in 2022, legislative efforts will be made to increase mandatory detention. Detention conditions are often deplorable, and these facilities can be especially traumatic for vulnerable populations, such as children and asylum-seekers, and all persons in detention have a significantly decreased ability to access counsel. It will be important for the ABA to continue to advocate for the use of detention only in extraordinary circumstances and to support less costly but effective alternatives to detention programs.

Support Strengthening the Independence of and Improving the Immigration Court and Adjudication System

With more than two million cases pending, the immigration court system is in crisis. While there has been some progress in increasing resources for the courts over the past two years, the backlog continues to grow. Many of these issues stem from the structural flaw of having the immigration courts placed under the authority of the DOJ. The ABA supports restructuring the system into an independent Article I court. In the 117th Congress, H.R. 6577, the Real Courts, Rule of Law Act, was introduced and approved by the House Judiciary Committee but never reached the floor for a vote.

However, given that such a major initiative will take time, the ABA also supports incremental improvements to the current immigration court system to reduce delays, ensure due process, and bolster the independence of immigration judges. To this end, the ABA supports increasing the number of immigration judges and support staff, implementing changes to address inefficiencies within the current adjudication system, and instituting improvements to the hiring, training, and disciplinary functions.

Support Restoring Access to Humanitarian Protection

The ABA supports ensuring access to legal protection for refugees, asylum seekers, and others deserving of humanitarian refuge. The Biden administration recently announced a new border enforcement plan that will significantly restrict the ability of asylum seekers to access our nation’s asylum system. The measures include barring persons who transit through a third country from seeking asylum in the U.S. and expanding the use of expedited removal. In addition to violating fundamental notions of fairness, many of these policies do not comport with the United States’ international treaty obligations or domestic statutory requirements. In addition, the 117th Congress failed to pass the Afghan Adjustment Act, leaving the 70,000+ Afghan individuals and families paroled into the U.S. after our withdrawal without a permanent solution. The ABA will advocate to rescind some of these programs and urge Congress to strengthen the asylum and refugee legal framework.

INDEPENDENCE OF THE JUDICIARY

Support Efforts to Preserve Judicial Independence and Increase Public Confidence in the Federal Courts; Oppose Efforts that Undermine the Independence of Judges

Preserving and protecting the independence of the federal judiciary has long been a core mission and concern of the ABA. It therefore is not surprising that survey respondents listed it as the top legislative and governmental priority of the Association for the 118th Congress.

The most pressing and serious threats to judicial independence today include the growing perception that the federal judiciary has become more politicized, which has resulted in a sharp decline in public confidence in the courts, and the escalating violence and threatening rhetoric directed at our judges who render unpopular decisions. The 117th Congress enacted legislation to enhance security for the Justices of the Supreme Court and their families, and a more comprehensive bill, the Daniel Anderl Judicial Security and Privacy Act, to restrict the disclosure and publication of personally identifiable information of all federal judges. Although these ABA-supported measures will significantly increase the security of the federal judges and protect impartial decision-making by helping to prevent horrific violence against judges and family members, they do not alter public perceptions. As judges are called upon to resolve disputes involving many different controversial societal issues, the federal courts – especially the Supreme Court – will once again be scrutinized through the lens of partisan politics.

The striking loss of public confidence in the courts over the past few years is an issue of great concern to the ABA, as evidenced by the recent creation of the ABA President’s Cornerstones of Democracy civics education initiative and the Task Force on Law, Society, and the Judiciary. The 117th Congress also took notice and addressed the problem by considering legislation to impose a code of ethics on the Supreme Court, tighten judicial disclosure loopholes, bring greater transparency to outside funding sources regarding amicus briefs and judicial nominations, and more. The ABA adopted policy during its recent Midyear Meeting urging the addressing a code of ethics for Justices of the Supreme Court  to adopt a  binding code of judicial ethics.

In addition to expecting some of these judicial transparency measures to be reintroduced in the Senate, which retained its fragile Democratic majority, the Republican House is expected to resurrect bills introduced in previous Congresses that seek to curtail the jurisdiction of the courts, force division of the Ninth Circuit into two circuits, and impose procedural rules without adhering to the Rules Enabling Act process. While it is unlikely that any of these or similar proposals will succeed in gaining traction in both chambers, we will remain vigilant in advancing ABA policies to preserve and strengthen the independence of our courts.

The ABA also remains focused on the need to strengthen the decisional independence of the administrative judiciary. Therefore, in accordance with recently adopted policy, the ABA will work with the 118th Congress to enact legislation to require agencies to use merit-based hiring principles that preserve the adjudicative independence of administrative law judges and administrative judges.

Support Filling Judicial Vacancies Promptly and Providing Adequate Resources for the Federal Courts

The Federal Judiciary requires sufficient resources to perform the core functions assigned to it by the Constitution and Congress. This requires Congress to provide adequate funding for the day-to-day operations of the Judicial Branch and court security programs, fill judicial vacancies promptly, and authorize a sufficient number of judgeships so that justice can be dispensed in a timely manner.

Congress generally has been respectful of the fiscal needs of the federal courts during its annual appropriations process. However, this could change during the 118th Congress, given the recent announcement by the Speaker of the House that the House Republican majority plans to cap spending in FY 2024 at FY 2022 levels. Such a cap would translate to a $130 billion cut, most, if not all, of which is expected to come from the discretionary side of the federal budget. The ABA will continue to advocate for adequate funding for the federal courts and oppose any effort to deny the Judicial Branch of government the resources it needs to operate efficiently.

As of February 28, 2023, there are 86 Article III vacancies and 24 future vacancies on the federal bench. Every vacancy needs to be filled promptly and in a deliberative fashion. While we do not anticipate a problem emerging in the 118th Congress regarding the pace of nominations or the diversity of judicial nominees, the ABA stands ready to advocate on these critical issues, should the need arise.

INTERNATIONAL RULE OF LAW

Support Funding for Domestic and International Agencies and Programs that Promote Democracy, Human Rights, and the Rule of Law

Promoting the international rule of law through both U.S. governmental policies and the ABA’s international technical legal assistance programs is important to ABA members and the international community. The international affairs budget is a key component in that effort. The ABA supports adequate funding for the overall U.S. international affairs budget and increased funding specifically for domestic and international agencies and programs that promote democracy, human rights, and the rule of law, including through the ABA Rule of Law Initiative and Center for Human Rights. The ABA also supports the prompt payment of the United States’ assessed dues and voluntary contributions to the United Nations and other critical international organizations. For the U.S. to renew its longstanding leadership role in the international community, we must devote adequate resources to our international affairs budget.

Support U.S. Engagement and Leadership in International Organizations and Agreements

In addition to funding support, U.S. engagement and leadership in multilateral and international organizations are critical to promoting the rule of law. The ABA supports the U.S.’s rejoining or remaining engaged with key international bodies, such as the World Health Organization, UN Human Rights Council, and the UN Educational, Scientific and Cultural Organization. Some progress has been made in the last two years, with the U.S. rejoining the UN Human Rights Council and the Paris Climate Agreement. However, the 118th Congress may bring potential challenges to funding for continued U.S. engagement in these entities.

The ABA also supports U.S. ratification of international human rights treaties such as the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of Persons with Disabilities, as well as treaties that facilitate international business, including the Convention on International Settlement Agreements Resulting from Mediation. The ABA also supports U.S. ratification of treaties and other agreements regarding climate change.

These organizations and agreements act as critical force-multipliers in promoting international peace and security, strengthening democratic governance, promoting sustainable development, and protecting human rights. While none is perfect, the United States can lead reforms from a stronger position when we actively engage and fully meet our financial commitments.

Combatting Corruption and Authoritarian Repression of Civil Society

High-level corruption threatens democratic governance and the rule of law around the world and often goes hand in hand with efforts to threaten judges and repress civil society actors, such as lawyers, human rights defenders, and journalists, seeking to hold governments accountable. In 2021, the Biden administration issued a “Memorandum on Establishing the Fight Against Corruption as a Core United States National Security Interest.” The ABA supports efforts to combat kleptocracy in countries where government institutions have been captured by corrupt actors, including supporting the efforts of national justice sectors and anti-corruption personnel, and using existing sanction authorities against those who threaten justice-sector personnel. In addition, the ABA has long supported efforts to support independence of the judiciary and to prevent the harassment of and attacks against judges, lawyers, and human rights defenders.

JUDICIAL OVERSIGHT OF THE LEGAL PROFESSION

Oppose Measures that Undermine the Attorney-Client Privilege and the Lawyer’s Ethical Duty of Confidentiality

For years, the ABA has spoken out against numerous federal agency policies and proposed rules that undermine attorney-client privilege, work product protections, and the lawyer’s ethical duty to preserve client confidentiality. For example, the ABA persuaded U.S. Customs and Border Protection to revise its border search policy in 2018 to increase protections for privileged information contained on lawyers’ laptops, cell phones, and other electronic devices. The ABA also helped convince the Consumer Financial Protection Bureau (CFPB) not to adopt a new rule in 2020 that would have greatly expanded its discretion to disclose confidential and privileged information it receives from regulated entities to many other foreign and state agencies and other entities that exercise governmental authority.

The ABA has also been successful in reversing various federal agency policies that pressure companies to waive their attorney-client privilege and work product protections during investigations and other agency proceedings. For example, the ABA and its allies persuaded the Justice Department, Sentencing Commission, Securities and Exchange Commission, Commodity Futures Trading Commission, and other agencies to revise their policies to better protect the privilege and work product.

Despite these encouraging developments, many other federal agencies—including the Treasury Department, CFPB, other federal banking regulators, and the Federal Energy Regulatory Commission—have adopted or are considering adopting policies or rules requiring entities to disclose information protected by the attorney-client privilege, the lawyer’s ethical duty of confidentiality, or both in a variety of situations. Therefore, ABA must continue to engage these and other federal agencies as needed to protect the privilege, work product, and client confidentiality.

Oppose Regulations that Conflict with and Undermine the State Supreme Courts’ Authority to Regulate and Oversee the Legal Profession

The ABA has also consistently opposed legislation, proposed agency rules, and other measures that would impose burdensome regulations on lawyers engaged in the practice of law and undermine judicial regulation and oversight of the legal profession. Last year, the ABA and its state and local bar allies persuaded Congress to reject harmful legislation known as the ENABLERS Act (H.R. 5525 and proposed amendments to FY 2023 National Defense Authorization Act and the FY 2023 omnibus spending bill) that would have regulated many lawyers and law firms as "financial institutions" under the Bank Secrecy Act and required them to report privileged and other protected client information to the government. The ABA also submitted written comments to the Treasury Department and the Financial Action Task Force urging them not to adopt new proposals requiring lawyers and law firms to report confidential information about their clients and their clients’ real estate transactions to the government and to file secret suspicious activity reports on those client transactions. Proponents of the ENABLERS Act and the Treasury and FATF proposals are expected to continue to press for adoption of these measures in 2023.

During the 117th Congress, the ABA also worked with its congressional allies to craft legislation known as the Restoring Court Authority Over Litigation Act. This important legislation, which is supported by the ABA and the Conference of Chief Justices, would protect the courts’ exclusive authority to regulate and discipline lawyers engaged in litigation activities and prevent federal agencies from undermining the courts’ proper role.

The ABA will continue its efforts to advance similar legislation in the new 118th Congress. In addition, it is important that the ABA continue to closely monitor and vigorously oppose any new legislation, proposed regulations, or other measures that would impose burdensome regulations on lawyers or undermine the attorney-client privilege, the confidential lawyer-client relationship, or the state supreme courts’ longstanding authority to regulate and oversee lawyers engaged in the practice of law.

LEGAL EDUCATION

Support Affordable Student Loan Options and Repayment Assistance Programs

The ABA supports student access to sufficient financial assistance to pay for law school and encourages law schools to offer comprehensive debt counseling education. The average law school graduate can expect to accumulate $145,000 of student loan debt according to the ABA’s Young Lawyers Division (YLD). Increasingly high monthly repayment obligations on student loans presents significant financial problems upon graduation. Flexible repayment options, in addition to accessible and free financial counselling, are critical tools to help assure the future success of graduates who have borrowed significant sums to attend law school.

Title IV of the Higher Education Act (HEA) authorizes federal student loans, but Congress has not formally reauthorized the HEA even though the law technically expired in 2013. The chairs of the House and Senate committees with jurisdiction over the HEA hold opposing views on how to proceed, making it unlikely that the HEA will be reauthorized during the 118th Congress. However, testimony and legislation developed in either chamber could become new starting points for future deliberations over HEA reauthorization, so continuing vigilance is required.

In contrast to congressional inaction, the administration has taken aggressive steps to assist student loan borrowers. Most notably, President Biden has sought to provide up to $20,000 of student loan debt forgiveness for many Pell Grant recipients and up to $10,000 of relief for many non-Pell Grant recipients. However, the constitutionality of this action has been challenged in federal courts, and two cases will be argued before the Supreme Court in February 2023. In light of these legal challenges, the Department of Education has extended the student loan payment pause until June 2023, unless the cases are resolved sooner. Payment forbearance was originally put in place by Congress in March 2020 during the onset of the pandemic. The program suspends federal student loan payments and permits borrowers to repay their loans at a zero percent interest rate.

Despite the expected congressional stalemate, the ABA will continue to monitor and support legislative attempts to assist borrowers. The ABA also will continue to advocate for the Department to provide further extensions of the payment forbearance period.

Support Preservation of the Public Service Loan Forgiveness Program

The ABA’s advocacy helped lead to the creation of the federal Public Service Loan Forgiveness program (PSLF) in 2007, which provides loan repayment assistance in exchange for a minimum of ten years of service in certain governmental and nonprofit organizations: House and Senate committee hearings on higher education during this Congress will likely include discussions on the PSLF program. However, the fact that the House and Senate are not controlled by a single party, plus the slim majorities in each chamber, make any prospect for legislation extremely unlikely. The ABA will continue to monitor developments though and provide input to Congress and the Department of Education on how to reform and strengthen this important access to justice program.

Last Updated: February 28, 2023