[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 893 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 893

  To provide student loan forgiveness to the surviving spouses of the 
             victims of the September 11, 2001, tragedies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 2003

  Mrs. McCarthy of New York introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To provide student loan forgiveness to the surviving spouses of the 
             victims of the September 11, 2001, tragedies.

    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 ``September 11 Surviving Spouse 
Student Loan Relief Act''.

SEC. 3. CANCELLATION OF STUDENT LOAN INDEBTEDNESS FOR SPOUSES.

    (a) Definitions.--For purposes of this section:
            (1) Eligible spouse.--The term ``eligible spouse'' means 
        the spouse of an individual who served as a policeman, fireman, 
        other safety or rescue personnel, or as a member of the Armed 
        Forces, or any other individual, who died (or dies) or became 
        (or becomes) permanently and totally disabled due to injuries 
        suffered in the terrorist attack on September 11, 2001, as 
        determined in accordance with regulations of the Secretary.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (3) Federal student loan.--The term ``Federal student 
        loan'' means any loan made, insured, or guaranteed under part 
        B, D, or E of title IV of the Higher Education Act of 1965.
    (b) In General.--The Secretary shall provide for the discharge or 
cancellation of the Federal student loan indebtedness of an eligible 
spouse in the same manner that the Federal student loan indebtedness of 
an individual described in subsection (a)(1) of this section is 
required to be discharged or canceled under sections 437(a), 455(a)(1), 
and 464(c)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 
1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), as the case may be.
    (c) Facilitation of Claims.--The Secretary shall--
            (1) by regulation, establish procedures for the filing of 
        applications for discharge or cancellation under this section, 
        which regulations shall be prescribed and published within 30 
        days after the date of enactment of this Act and without regard 
        to the requirements of section 553 of title 5, United States 
        Code; and
            (2) take such actions as may be necessary to publicize the 
        availability of discharge or cancellation of Federal student 
        loan indebtedness for eligible spouses under this section.
    (d) Availability of Funds for Payments.--Funds available for the 
purposes of making payments to lenders in accordance with section 
437(a) for the discharge of indebtedness of individuals described in 
subsection (a)(1) of this section shall be available for making 
payments under section 437(a) to the spouses of such individuals as 
required by this section.
    (e) No Delay in Regulations.--Sections 482(c) and 492 of the Higher 
Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the 
regulations required by this section.
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