[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4074 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4074

   To provide student loan forgiveness to the surviving spouses and 
 parents of victims who were Hurricane Katrina or Hurricane Rita first 
                              responders.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 18, 2005

Mrs. McCarthy 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 and 
 parents of victims who were Hurricane Katrina or Hurricane Rita first 
                              responders.

    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 ``Hurricane First Responder Surviving 
Spouse Student Loan Relief Act''.

SEC. 2. CANCELLATION OF STUDENT LOAN INDEBTEDNESS FOR SPOUSES AND 
              PARENTS.

    (a) Definitions.--For purposes of this section:
            (1) Eligible victim.--The term ``eligible victim'' means an 
        individual who served as police, fire, safety, rescue, medical, 
        or other emergency personnel, or as a member of the Armed 
        Forces, and who died (or dies) or became (or becomes) 
        permanently and totally disabled due to injuries incurred while 
        responding to or caring for victims of Hurricane Katrina or 
        Hurricane Rita, or of the flood or other consequences of 
        Hurricane Katrina or Hurricane Rita, as determined in 
        accordance with regulations of the Secretary.
            (2) Eligible spouse.--The term ``eligible spouse'' means 
        the spouse of an eligible victim.
            (3) Eligible parent.--The term ``eligible parent'' means an 
        individual who is the parent of an eligible victim and who is 
        the borrower of a Federal PLUS loan under section 428B, or a 
        Federal Direct PLUS loan under part D of title IV, of the 
        Higher Education Act of 1965, that was obtained and used for 
        the cost of attendance of such eligible victim. Such an 
        individual is an eligible parent for purposes of this Act only 
        with repect to the amounts owed on such loan.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (5) 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 or an eligible parent in the same manner that the Federal 
student loan indebtedness of an eligible victim 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. Such discharge or 
cancellation shall apply to the principal and accrued unpaid interest 
outstanding on the date of the injury causing the death or disability 
of the eligible victim.
    (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 and eligible parents 
        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 eligible victims shall be 
available for making payments under section 437(a) to the spouses and 
parents 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.
                                 <all>