[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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