[Congressional Record Volume 147, Number 142 (Tuesday, October 23, 2001)]
[House]
[Pages H7131-H7136]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HIGHER EDUCATION RELIEF OPPORTUNITIES FOR STUDENTS ACT OF 2001
Mr. McKEON. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3086) to provide the Secretary of Education with specific
waiver authority to respond to conditions in the national emergency
declared by the President of the United States on September 14, 2001,
as amended.
The Clerk read as follows:
H.R. 3086
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 ``Higher Education Relief
Opportunities for Students Act of 2001''.
SEC. 2. WAIVER AUTHORITY FOR RESPONSE TO NATIONAL EMERGENCY.
(a) Waivers and Modifications.--
(1) In general.--Notwithstanding any other provision of
law, unless enacted with specific reference to this section,
the Secretary of Education (referred to in this Act as the
``Secretary'') may waive or modify any statutory or
regulatory provision applicable to the student financial aid
programs under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.) as the Secretary deems necessary in
connection with the national emergency to provide the waivers
or modifications authorized by paragraph (2).
(2) Actions authorized.--The Secretary is authorized to
waive or modify any provision described in paragraph (1) as
may be necessary to ensure that--
(A) borrowers of Federal student loans who are affected
individuals are not placed in a worse position financially in
relation to those loans because of their status as affected
individuals;
(B) administrative requirements placed on affected
individuals who are borrowers of Federal student loans are
minimized, to the extent possible without impairing the
integrity of the student loan programs, to ease the burden on
such borrowers and avoid inadvertent, technical violations or
defaults;
(C) the calculation of ``annual adjusted family income''
and ``available income'', as used in the determination of
need for student financial assistance under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) for any
such affected individual (and the determination of such need
for his or her spouse and dependents, if applicable), may be
modified to mean the sums received in the first calendar year
of the award year for which such determination is made, in
order to reflect more accurately the financial condition of
such affected individual and his or her family; and
(D) institutions of higher education, eligible lenders,
guaranty agencies, and other entities participating in the
student assistance programs under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.) that are
located in, or whose operations are directly affected by,
areas that are declared disaster areas by any Federal, State,
or local official in connection with the national emergency
may be granted temporary relief from requirements that are
rendered infeasible or unreasonable by the national
emergency, including due diligence requirements and reporting
deadlines.
(b) Notice of Waivers or Modifications.--
(1) In general.--Notwithstanding section 437 of the General
Education Provisions Act (20 U.S.C. 1232) and section 553 of
title 5, United States Code, the Secretary shall, by notice
in the Federal Register, publish the waivers or modifications
of statutory and regulatory provisions the Secretary deems
necessary to achieve the purposes of this section.
(2) Terms and conditions.--The notice under paragraph (1)
shall include the terms and conditions to be applied in lieu
of such statutory and regulatory provisions.
(3) Case-by-case basis.--The Secretary is not required to
exercise the waiver or modification authority under this
section on a case-by-case basis.
(c) Impact Report.--The Secretary shall, not later than 15
months after first exercising any authority to issue a waiver
or modification under subsection (a), report to the Committee
on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor
and Pensions of the Senate on the impact of any waivers or
modifications issued pursuant to subsection (a) on affected
individuals and the programs under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.), and the basis
for such determination, and include in such report the
Secretary's recommendations for changes to the statutory or
regulatory provisions that were the subject of such waiver or
modification.
(d) No Delay in Waivers and Modifications.--Sections 482(c)
and 492 of the Higher Education Act of 1965 (20 U.S.C.
1089(c), 1098a) shall not apply to the waivers and
modifications authorized or required by this Act.
SEC. 3. TUITION REFUNDS OR CREDITS FOR MEMBERS OF ARMED
FORCES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) all institutions offering postsecondary education
should provide a full refund to students who are members of
the Armed Forces serving on active duty during the national
emergency, for that portion of a period of instruction such
student was unable to complete, or for which such individual
did not receive academic credit, because he or she was called
up for such service; and
(2) if affected individuals withdraw from a course of study
as a result of such service, such institutions should make
every effort to minimize deferral of enrollment or
reapplication requirements and should provide
[[Page H7132]]
the greatest flexibility possible with administrative
deadlines related to those applications.
(b) Definition of Full Refund.--For purposes of this
section, a full refund includes a refund of required tuition
and fees, or a credit in a comparable amount against future
tuition and fees.
SEC. 4. USE OF PROFESSIONAL JUDGMENT.
At the time of publishing any waivers or modifications
pursuant to section 2(b), the Secretary shall publish
examples of measures which institutions may take in the
appropriate exercise of discretion under section 479A of the
Higher Education Act of 1965 (20 U.S.C. 1087tt) to adjust
financial need and aid eligibility determinations for
affected individuals.
SEC. 5. DEFINITIONS.
In this Act:
(1) Active duty.--The term ``active duty'' has the meaning
given such term in section 101(d)(1) of title 10, United
States Code, except that such term does not include active
duty for training or attendance at a service school.
(2) Affected individual.--The term ``affected individual''
means an individual who--
(A) is serving on active duty during the national
emergency;
(B) resides or is employed in an area that is declared a
disaster area by any Federal, State, or local official in
connection with the national emergency; or
(C) suffered direct economic hardship as a direct result of
the national emergency, as determined under a waiver or
modification issued under this Act.
(3) Federal student loan.--The term ``Federal student
loan'' means a loan made, insured, or guaranteed under part
B, D, or E of title IV of the Higher Education Act of 1965
(20 U.S.C. 1071 et seq., 20 U.S.C. 1087a et seq., and 20
U.S.C. 1087aa et seq.).
(4) National emergency.--The term ``national emergency''
means the national emergency by reason of certain terrorist
attacks declared by the President on September 14, 2001, or
subsequent national emergencies declared by the President by
reason of terrorist attacks.
(5) Serving on active duty during the national emergency.--
The term ``serving on active duty during the national
emergency'' shall include an individual who is--
(A) a Reserve of an Armed Force ordered to active duty
under section 12301(a), 12301(g), 12302, 12304, or 12306 of
title 10, United States Code, or any retired member of an
Armed Force ordered to active duty under section 688 of such
title, for service in connection with such emergency or
subsequent actions or conditions, regardless of the location
at which such active duty service is performed; and
(B) any other member of an Armed Force on active duty in
connection with such emergency or subsequent actions or
conditions who has been assigned to a duty station at a
location other than the location at which such member is
normally assigned.
SEC. 6. TERMINATION OF AUTHORITY.
The provisions of this Act shall cease to be effective on
September 30, 2003.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. McKeon) and the gentlewoman from New York (Mrs.
McCarthy) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. McKeon).
General Leave
Mr. McKEON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on H.R. 3086.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 3086, the Higher
Education Relief Opportunities for Students Act of 2001, or the HEROS
Act.
This important bill provides the Secretary of Education with specific
waiver authority under title IV of the Higher Education Act of 1965,
which governs student financial assistance programs, to provide
immediate relief to active-duty students with Federal loans who have
been called up because of the war. This waiver authority addresses the
need to assist students who are being called up to active duty, those
active duty military being relocated, and those students directly
affected by the attacks.
The events of September 11 changed our lives forever, and our
peaceful way of life was shattered. Thousands of law-abiding citizens
never realized their lives would end instantly in such an atrocity.
Earlier that day, I watched in horror as the second plane crashed
into the World Trade Center. Later, when I stepped outside my house to
go to the Capitol, a neighbor running by said, Congressman, it is going
to be a rough day; they just blew up the Pentagon. I could see the
smoke from the end of the street.
So to say that that moment was surreal is an understatement.
In response to the September 11 terrorist attack, many men and women
who serve in our Nation's armed services are being called to active
duty, including many college and university students. Many of these
students participate in Federal financial aid programs and will be put
in the difficult position of having to make student loan payments while
on active duty unless Congress and the Department of Education act now
to provide relief.
As America mobilizes for the war against terrorism, students serving
in our armed services need our full support. The Education Secretary
needs the authority to act quickly to protect the interests of U.S.
students as well as the integrity of the financial aid programs
themselves.
Under the bipartisan HEROS bill, the Education Secretary can grant
waivers so that reservists leaving their jobs and families may be
relieved from making student loan payments, for a time; victims'
families may be relieved from receiving collection calls from lenders,
and consecutive service requirements for loan forgiveness programs may
be considered uninterrupted.
The waiver authority is similar to that provided to the Secretary
during the Desert Shield and Desert Storm operations in 1991.
The Secretary of Education is in a unique position to act as
ambassador between students, institutions of higher education, and the
student aid community to ensure the necessary accommodations are
provided to victims, their families, and our military personnel while,
at the same time, ensuring the integrity of the student financial
assistance programs.
The bipartisan HEROS Act also expresses the sense of Congress that
higher education institutions should provide a full tuition refund or
credit to students who serve in the military during this national
emergency and cannot complete a course for academic credit.
I believe that we need to do all we can to support our men and women
in the military. They should not have to be concerned about financial
responsibilities at home while they are focusing on their task of
defending our freedom.
This legislation will provide relief for the men and women of our
military who are defending the freedoms of this great Nation. As
families send loved ones into harm's way, the Higher Education Relief
Opportunity for Students Act will allow the Secretary of Education to
reduce some of the effects of that upheaval here at home.
This bill is an indication of the Congress's commitment to our
military and to our students and families, as well as to those on the
front lines who make higher education accessible.
Mr. Speaker, I urge my colleagues to support the bipartisan HEROS
Act, and I look forward to swift passage of this legislation.
Mr. Speaker, I reserve the balance of my time.
Mrs. McCARTHY of New York. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I applaud the gentleman from California (Mr. McKeon) for
introducing this bill, of which I am a proud cosponsor, which provides
student loan relief to individuals serving on active duty during this
national emergency, and individuals residing in the disaster areas
caused by the September 11 terrorist attack.
The Federal Government must do everything in its power to help ease
the financial burden our brave men and women may endure while they
fight overseas to rid the world of terrorism, as well as those directly
impacted by the tragic events of September 11.
Although I believe this is a good bill and urge all of my colleagues
to support it, I believe we are missing a good opportunity to vote on
more sweeping legislation that benefits the spouse of a policeman,
fireman, or other safety and rescue personnel that died in the line of
duty on September 11. The gentleman from California (Mr. McKeon), right
before we started this debate, said that we would continue this
discussion to see if we can do something in that regard in the future.
This body has worked aggressively to bail out our airline industry
and will
[[Page H7133]]
most likely debate an economic stimulus package later this week, but we
have not done enough to help the spouses of the brave men and women who
risked their lives in the line of duty on that tragic day.
I know firsthand how difficult it is to pay bills when one suddenly
loses one's spouse who provided the majority of the family's income.
Expenses such as a mortgage, food and clothes for kids, and car
payments suddenly become daunting. Although I did not have student
loans to repay, many spouses do.
Currently, the individual who died has their loan forgiven, but not
the spouse who may have relied on the working spouse to pay the loans.
I have spoken to several of these spouses who are in similar
situations, and they need all of the help that is available.
Earlier today, legislation was introduced to provide student loan
relief to all spouses directly impacted by the terrorist attack on
September 11. It expands upon the measure introduced by the gentleman
from California and provides spouses with desperately needed financial
relief.
Although this language was not included in today's bill, I would
hope, with the help of the gentleman from California, we can move
separate legislation that helps the spouses as well as our military
personnel with their student loan relief.
Today's legislation is a big step in the right direction which we can
build upon, and I urge all of my colleagues to support it.
Mr. Speaker, I reserve the balance of my time.
{time} 1415
Mr. McKEON. Mr. Speaker, I yield myself 30 seconds.
Mr. Speaker, I appreciate the proposal of my good friend, the
gentlewoman from New York (Mrs. McCarthy), and we tried to work through
some of these issues, but given what has happened the last few days, it
has been impossible to get everything worked out in time.
But I do promise to work with the gentlewoman on a separate bill to
provide for the other victims that the gentlewoman commented on. I
appreciate her efforts on their behalf.
Mr. Speaker, I yield 6 minutes to the gentleman from Ohio (Mr.
Boehner), the chairman of the Committee on Education and the Workforce.
Mr. BOEHNER. Mr. Speaker, I rise today in support of H.R. 3086, the
Higher Education Relief Opportunities for Students Act of 2001.
First, I want to offer my thanks and congratulations to the gentleman
from California (Mr. McKeon), the chairman of the Subcommittee on 21st
Century Competitiveness, the author of this bill, and the gentlewoman
from New York (Mrs. McCarthy) for their efforts in bringing this bill
to the floor today.
Mr. Speaker, on September 11, the lives of our citizens were turned
upside down. Since that day, the President has asked us to try to get
on with our lives and to get things back to normal, or at least as
normal as normal will be.
In doing so, the people across the Nation have come together to help
each other to do just that. Congress is also coming together to bring
forward legislation to aid those directly affected by the attacks, as
well as the military personnel that are being called to active duty.
H.R. 3086 is one more step on the path towards recovery and normalcy.
This bill is simple in its purpose. It grants the Secretary of
Education waiver authority within title IV of the Higher Education Act
to provide necessary relief to those affected by recent attacks on
America and any subsequent attacks. This waiver authority allows the
Secretary of Education to address the needs of students who are being
called up to active duty, those active-duty military being relocated,
and those students directly affected by the attacks.
Mr. Speaker, this legislation provides the Secretary the ability to
provide relief to affected individuals and institutions where it is
deemed necessary while ensuring the integrity of the students'
assistance programs.
The Secretary may relax repayment obligations for our active-duty
Armed Forces, provide a period of time victims and their families may
reduce or delay monthly student loan payments, and assist institutions
and lenders with reporting requirements.
The bill will allow the Secretary to provide relief for the men and
women of our military who are defending the freedoms of this great
Nation. As families say good-bye to their sons, daughters, husbands,
wives, and they embark on Operation Enduring Freedom, this legislation
will allow the Secretary of Education to diminish at least some of the
hardship for them and their families here at home.
This bill, while it addresses the issue arising from what has
occurred, also allows the Secretary to address needs arising from
incidents that may occur in the future. In doing so, the Secretary is
authorized to waive statutory and regulatory provisions within the
student assistance programs of the Higher Education Act to ensure that
affected borrowers of Federal student loans are not in a worse
financial position; to relieve administrative requirements on affected
individuals so they are minimized without affecting the integrity of
the programs; current year income of affected individuals may be used
to determine need for purposes of financial assistance; and
institutions and organizations participating in the Federal student
loan programs that are affected by the attacks may receive temporary
relief from certain administrative requirements.
Some are concerned that these waivers will be made in a vacuum. I
trust that that will not occur. I will encourage the Secretary of
Education and his staff to work closely with the higher education
community, lenders, servicers, and others directly involved in the
delivery of student aid to ensure that any waivers granted by the
authority of this bill and any accompanying guidance is communicated
swiftly and, where possible, after consultation.
These student aid providers know the programs and the impact on their
students better than anyone here in Washington. Where it is appropriate
and feasible to engage in a consultative process, I will encourage the
Secretary to do so. This will only result in better communication and a
more appropriate response to the students' needs.
I do want to thank the Secretary of Education for his swift response
to the September 11 attacks by putting forward guidance to address what
he could with the limited authority that he already has.
I also want to express appreciation to the institutions of higher
education, lenders, servicers, guaranty agencies, secondary markets,
and others for their swift response to the attacks, and for their
willingness to take some additional administrative burdens to address
the needs of students during a very difficult time for everyone.
Additionally, H.R. 3086 requires the Secretary of Education to report
to Congress on the impact of the waivers implemented as a result of
this bill. He will also provide recommendations for changes to
statutory or regulatory provisions that were the subject of the waivers
for our review for the upcoming reauthorization.
The bill has the support of my colleagues on both sides of the aisle.
Congress is making clear its commitment to our military and to our
students and families, as well as to those working with students
directly in making higher education available.
Mr. Speaker, I am confident that all my colleagues in this Congress
will stand proudly to vote yes today on H.R. 3086, and send yet another
message to those who believe that they can topple the resolve of this
great Nation or this government's commitment to its citizens.
I urge all of my colleagues to vote yes on this very important bill
today.
Mrs. McCARTHY of New York. Mr. Speaker, I yield 2 minutes to the
gentleman from Indiana (Mr. Roemer), someone who sits with me on the
Committee on Education and the Workforce.
(Mr. ROEMER asked and was given permission to revise and extend his
remarks.)
Mr. ROEMER. Mr. Speaker, I thank my good friend from the Committee on
Education and the Workforce for yielding time to me.
Mr. Speaker, first of all, I commend the sponsors of the legislation,
my friend, the gentleman from California (Mr. McKeon), and of course
the gentlewoman from New York (Mrs. McCarthy), for their strong work on
this bipartisan legislation.
[[Page H7134]]
I thank the gentleman from Ohio (Mr. Boehner) and certainly the
gentleman from California (Mr. Miller), the ranking member, for their
work on this as well.
On September 11, Mr. Speaker, we lost two buildings in New York City,
another very important building was damaged and scarred, and we are
even temporarily out of our office building today, but the
determination and the tenacity of Congress, but more importantly the
American people, to conduct the affairs and the important business of
this country continues to move along.
We are currently engaged in debate on another bipartisan piece of
legislation that addresses a couple of important topics.
One, it takes into consideration some of the personal sacrifices and
the family sacrifices of people in the military.
Secondly, it continues to embrace firmly the ideals and the
importance of a very, very good education in this country.
The HEROS Act, H.R. 3086, lives up to all these accounts. This
ensures that those in the military do not have to make student loan
payments while on active duty, and that they have a grace period upon
returning to civilian life.
It also adjusts the eligibility for aid for students affected by the
September 11 attacks, and adjusts deadlines for borrowers, schools, and
lenders who live in the affected areas or are due to mail delays.
Finally, I would say that we have one shortcoming in this
legislation. That is, as the gentlewoman from New York (Mrs. McCarthy)
mentioned, we do not bring up, which should be in this bill and not be
part of separate legislation, the fact that while we do address loan
forgiveness for somebody who has perished or died in the tragic
activities of September 11, we do not forgive the widow or widower's
loan, or have direct loan forgiveness in this legislation.
Certainly, there are huge sacrifices that this family makes upon
losing someone, but that pain and suffering and financial duress does
not go away for the surviving spouse. I think it is very important for
this committee to address this in conference; not later on, not in a
separate piece of legislation, but within this bill, H.R. 3086, called
the HEROS Act, because we have so many heroes, firefighters and police
officers and their surviving families and spouses. They should not have
to continue to pay on a loan that they have sustained. Let us include
in this legislation that direct loan forgiveness.
Mr. McKEON. Mr. Speaker, I yield myself 1 minute.
Mr. Speaker, I include for the Record a letter that we have from the
New York State Higher Education Services Corporation expressing their
full support for this Higher Education Relief Opportunities for
Students Act.
They say, ``As the State agency charged with guaranteeing Federal
student loans in the State of New York, HESC is bearing a
disproportionate share of the administrative and fiscal consequences of
that day. While we are grateful to the United States Education
Department for providing guidance on managing the Federal Family
Education Loan Program business, we fear they are reaching the limits
of their authority in providing the relief we need to address the
myriad of business, educational, and human needs thrust upon all of us
by this tragedy.''
They add their strong support for this bill.
The material referred to is as follows:
New York State Higher
Education Services Corporation,
Albany, NY, October 16, 2001.
Hon. Howard P. McKeon,
Member of the U.S. Congress, Rayburn House Office Building,
Washington, DC.
Dear Congressman McKeon: On behalf of the New York State
Higher Education Services Corporation (HESC), I would like to
express our full support for the Higher Education Relief
Opportunities for Students Act of 2001 (H.R. 3086). Quick
action on this important piece of legislation is essential if
HESC and the many other agencies, schools and colleges,
lenders and loan servicing organizations involved are to have
the flexibility and support necessary to respond to the very
real human and economic need growing out of the events of
September 11, 2001.
As the state agency charged with guaranteeing federal
student loans in the State of New York, HESC is bearing a
disproportionate share of the administrative and fiscal
consequences of that day. While we are grateful to the United
States Education Department (ED) for providing guidance on
managing the Federal Family Education Loan Program business,
we fear they are reaching the limits of their authority in
providing the relief we need to address the myriad of
business, educational and human needs thrust upon all by this
tragedy.
As a measure of the costs of this tragedy, collections in
the affected locales in New York City represent approximately
40 percent of our business. The losses in both gross and net
revenues will extend well beyond the forbearance period, and
we may require some form of federal financial relief to
enable us to weather this disaster. The return to normalcy
cannot be predicted at this time.
Again, HESC appreciates your understanding of the extent of
this crisis and your willingness to give ED the latitude we
all need to address the problems we have already identified
and those we have yet to uncover.
Sincerely,
Peter J. Keitel,
President.
Mrs. McCARTHY of New York. Mr. Speaker, I yield 5 minutes to the
gentleman from New York (Mr. Owens), my colleague on the Committee on
Education and the Workforce.
(Mr. OWENS asked and was given permission to revise and extend his
remarks.)
Mr. OWENS. Mr. Speaker, I rise in strong support of H.R. 3086. I
would like to applaud the spirit of both sides in terms of an agreement
to amend this concept, at least, by having a bill later on which does
address the problems faced by the numerous survivors, spouses, and
children of people who perished in the September 11 attack in New York.
They deserve every possible consideration, and it means we really
need to broaden the whole concept of heroes, and be as generous as
possible with the concept of heroes, and do as much as possible for the
surviving families. We cannot do too much.
There is a debate that has broken out a little bit because of the
fact that there are numerous charitable organizations and nonprofit
organizations raising money and distributing it, as well as the various
benefits that government gives. I have heard people talk on talk shows
about giving too much to these families, too much compensation.
I think it is a ridiculous discussion. We do not have the capacity to
give too much. Until we learn how to resurrect the dead, we do not have
that capacity.
Even in cases where people have not died, we are sending our soldiers
into a situation where there are great risks. They deserve to have as
much peace of mind as possible. Their families deserve to have as much
help as possible. We should not drop two burdens on every family: the
anxiety of having to worry about a loved one who has gone off to fight
in Afghanistan, and at the same time have to worry about the ordinary
kinds of things that everybody has to deal with, such as the mortgage
and the tuition, et cetera.
So our concept of heroes should be as broad as possible and as
generous as possible, because this is a very unusual war we are going
into. The heroes will not always wear uniforms. They will wear
different kinds of uniforms. Two mailmen are dead. They did not wear a
military uniform, but I think we ought to recognize right now that
those two mailmen are heroes in the war that seems to have no front.
With those two mailmen plus another casualty to anthrax, we have lost
more people here in the home front since September 11 than we have lost
since the military action started in Afghanistan. We had,
unfortunately, two airmen who were killed in an accident, and that is
two casualties we have. But we are losing people here. We are going to
lose more here, and the heroes do not necessarily wear uniforms. And we
are going to have to prepare our minds and our souls to embrace all the
heroes that we can.
Mr. McKEON. Mr. Speaker, will the gentleman yield?
Mr. OWENS. I yield to the gentleman from California.
Mr. McKEON. Mr. Speaker, I appreciate the things the gentleman is
saying. I realize that there are broader things that could have been
perhaps addressed in this bill, but we wrote the bill specifically to
give the Secretary the help he needed to help the students and those
people that were called up to join in the war effort, and we went
around the floor and we got a lot of cosponsors.
The gentleman knows how it is when people sign onto a bill. They do
it based on what is in the bill. With that
[[Page H7135]]
idea, we have felt like we could not go back and make additional
significant changes without having to go back and individually contact
each of those people to see if they would still support the new bill.
The gentleman knows how the process works.
I would be happy to support the gentleman in other efforts he wants
to do to help other people. But this bill, as we put it together and as
we gathered support for it, was specifically to help those people that
we have named.
I appreciate the gentleman's work in this regard. I would be happy to
support the gentleman as we move forward in other areas.
{time} 1430
Mr. OWENS. Mr. Speaker, I understand the gentleman's remarks and I
appreciate them. I started by saying I wanted to applaud the bipartisan
spirit which we have agreed to already to address this matter another
way later on. So I really am talking to a situation that I see
developing.
I lost large numbers of firemen from companies in my district. I lost
policeman. I lost a lot of individual young people who worked in the
World Trade financial system. I have gone to too many memorial
services, and they are all heroes. And the sooner we embrace them all
as heroes, the better for the future, and to educate our own
constituency and the American people in general. If someone gets a
check from the Red Cross and a check from the United Way, and later on
it is going to become a part of the victims' assistance fund, if we add
it all up, it will not add up to the homicide of the loved one that was
lost.
Let us be as generous as possible in our spirit for heroes and send
that spirit out to America.
Mr. McKEON. Mr. Speaker, I reserve the balance of my time.
Mrs. McCARTHY of New York. Mr. Speaker, I yield 3 minutes to the
gentleman from New York (Mr. Nadler), whose district covers Ground
Zero.
Mr. NADLER. Mr. Speaker, I thank the gentlewoman for yielding me
time.
Mr. Speaker, I rise in support of this bill, which extends help to
many of the heroes, firefighters, and the families of the firefighters
and the police officers who gave their lives in trying to help people,
to help the victims of the terrorist attack on the World Trade Center
in New York City.
I do wish, however, that the bill was broader than it is, as has been
stated by some of my colleagues from New York. Current law forgives the
loans of the victims who were killed. But if a victim is killed, a
police officer, a firefighter, an innocent civilian who works in the
World Trade Center, their spouse, their family is left with any loans
that they may have taken out; but the income with which to pay those
loans is substantially, maybe totally substantially diminished, maybe
totally eliminated. This bill should recognize that. We should deal
with that.
We should, in this bill, and I hope we will in subsequent bills since
unfortunately this bill does not do it, exercise the same loan
forgiveness for the spouses of people who died in this terrorist
attack, firefighters, police officers, emergency rescue workers or just
plain people who happened to be there and were killed so that it is a
little easier for them to try to pick up the shards of their lives and
get on with their lives and recover from the terrible tragedy that
occurred to them when their spouse was murdered by the terrorist attack
on the United States.
I support the bill. I wish it were broader. I hope the committee can
work on a further bill to extend what we are doing and take care of
this omission from the bill.
Mr. McKEON. Mr. Speaker, I yield such time as he may consume to the
chairman of the full committee, the gentleman from Ohio (Mr. Boehner).
Mr. BOEHNER. Mr. Speaker, I thank the gentleman from California (Mr.
McKeon) for yielding me time.
Mr. Speaker, there has been much said that this bill is good but it
could be better, and it could be better. The issue of loan forgiveness
for spouses and children of those who died in the tragic events of
September 11, the issue came up last week, about the middle of last
week. As most of my colleagues know, the House was shut down last
Wednesday night. The documents that are being referred to and the
additional information that we considered putting in this bill were not
available.
Secondly, as has been mentioned, the loans for those who were
tragically killed in these incidents has been forgiven. To go beyond
that, what we wanted was some type of CBO estimate on what the
additional exposure would be. That information is not available. I
think the commitment is clear from our side that we are willing to work
as we have all year in a bipartisan way on our committee to address
these issues. And certainly this issue will be addressed as this
process continues to move.
Mr. ROEMER. Mr. Speaker, will the gentleman yield?
Mr. BOEHNER. I yield to my colleague, the gentleman from Indiana (Mr.
Roemer).
Mr. ROEMER. Mr. Speaker, as the gentleman knows, he and I serve as
conferees on the ESEA conference today and have served on this
conference for the last several weeks, a lot happens in committees, in
conference committees between the House and the Senate. I am hopeful
that our distinguished chairman, who has done a very good job on our
ESEA conference, will be open and amenable to including the
forgiveness, not only to those who have died, but the remaining
spouses, due to their hero status and due to their financial duress.
Mr. Speaker, I understand that a preliminary estimate from CBO might
be in the range of $500,000 to cover all of the firefighters' and
police officers' spouses and about $3 million estimate overall. Now,
that is a preliminary estimate.
We are going to be looking at a tax bill, debating a tax bill next
week that has $159 billion 10-year cost. I think $500,000 and $3
million is something that we can do for these families.
Mr. BOEHNER. Reclaiming my time, Mr. Speaker, as we have mentioned,
we are going to continue to work together in a bipartisan way to
address this issue. In what manner we will do it, I am not sure I am
ready to commit to today, but we will continue to work together to make
sure that those spouses and families of those victims are, in fact,
taken care of.
Mrs. McCARTHY of New York. Mr. Speaker, I yield myself such time as I
may consume.
I strongly support the HEROS Act, H.R. 3086. I think it is a very
good bill; and as our chairman, the gentleman from Ohio (Mr. Boehner)
had said, things have been a little hectic around here in the last 10
days, and certainly on the Committee on Education we have worked very
closely over the last year. So I know in good faith that we will be
able to work out to take care of those victims who are going to need
it, and I look forward to that.
I certainly stand here and recommend to all of my colleagues to pass
this bill. It is a first step. We should be taking care of our people
in the service.
Mr. Speaker, I yield back the balance of my time.
Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
I am pleased to see that the higher education community, as well as
the student loan providers, have come forward to assist students in
this difficult time. Some of the administrative burdens within the
student aid programs often thwart efforts of these professionals to
work with students on individual needs. However, in this case, they
really have worked diligently to step forward and do what is necessary
and, with the Secretary's initial guidance, made great efforts to do
what is right, even though it meant additional processes or paperwork
for their operations.
I appreciate the support from both sides of the aisle on this bill,
and I realize that there are some concerns that it does not do
everything that we would like to do, but I guess we could probably say
that about every bill that we bring to the floor.
I know at least myself, I could have found several things in bills
that I did not care for or felt were left out, and that is the case
with this bill; but we have made a good effort, and I think it does
great things for those who are being called up to defend us in these
times of this war and the stress, and I think that we should move
forward and support this bill.
I appreciate my good friend, the gentlewoman from New York (Mrs.
McCarthy), for the help that she has been on this.
[[Page H7136]]
I would like to thank members of our committee staff and personal
staff, Kathleen Smith, George Conant and James Bergeron, from my
personal staff for all the work that they did. I know over the weekend
they were trying to find a place to meet. It was difficult and they put
in extra hours, and I want to thank them for their efforts.
Mr. GILMAN. Mr. Speaker, I rise today in support of H.R. 3086, the
Higher Education Relief Opportunities for Students Act or HEROS Act. I
commend my colleague, the gentleman from California, Mr. McKeon for his
leadership on this issue and for introducing this important
legislation.
H.R. 3086 recognizes that as a result of the September 11th attacks
on America, a number of student loan borrowers find themselves in dire
economic circumstances. The World Trade Center attacks left some
100,000 individuals jobless, without any way in which to continue
repaying their federal student loans. Moreover, the 6,000 Americans who
died left behind substantial debts and in many cases, families are left
without their major breadwinner. This legislation calls on the
Secretary of Education to waive or modify current regulations regarding
loan repayment to take into account the very special circumstances
surrounding the thousands affected by the events of September 11th.
In addition, with the deployment of troops to Afghanistan, thousands
of men and women will be called to active duty and required to leave
their daily lives behind. For many this means leaving school. This
legislation calls on all colleges and universities to provide a full
refund to students who are members of the Armed Forces serving on
active duty during the national emergency, for the time that the
student was unable to complete courses, or for which the student did
not receive academic credit, because he or she was called up for such
service. Similarly, if affected students withdraw from a course of
study as a result of such service, such institutions should make every
effort to minimize deferral of enrollment or reapplication requirements
and should provide the greatest flexibility possible with
administrative deadlines related to those applications.
During this time of national crisis, every American has been and
continues to be affected. The thousands who are now facing certain
economic difficulty, as well as those men and women fighting to ensure
democracy and freedom overseas, need our help and understanding. This
legislation is just one small way in which we can alleviate some of the
burdens from those families left behind after the September 11th
attacks, as well as American service men and women. I am pleased to
support this legislation and I urge my colleagues to vote for H.R.
3086, the HEROS Act.
God bless our service men and women and God bless America.
Mr. McKEON. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Hansen). The question is on the motion
offered by the gentleman from California (Mr. McKeon) that the House
suspend the rules and pass the bill, H.R. 3086, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. McKEON. Mr. 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 motion will be
postponed.
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