[Congressional Record Volume 149, Number 52 (Tuesday, April 1, 2003)]
[House]
[Pages H2522-H2527]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     HIGHER EDUCATION RELIEF OPPORTUNITIES FOR STUDENTS ACT OF 2003

  Mr. KLINE. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 1412) to provide the Secretary of Education with specific 
waiver authority to respond to a war or other military operation or 
national emergency.
  The Clerk read as follows:

                               H.R. 1412

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; FINDINGS; REFERENCE.

       (a) Short Title.--This Act may be cited as the ``Higher 
     Education Relief Opportunities for Students Act of 2003''.
       (b) Findings.--The Congress finds the following:
       (1) There is no more important cause than that of our 
     nation's defense.
       (2) The United States will protect the freedom and secure 
     the safety of its citizens.
       (3) The United States military is the finest in the world 
     and its personnel are determined to lead the world in pursuit 
     of peace.

[[Page H2523]]

       (4) Hundreds of thousands of Army, Air Force, Marine Corps, 
     Navy, and Coast Guard reservists and members of the National 
     Guard have been called to active duty or active service.
       (5) The men and women of the United States military put 
     their lives on hold, leave their families, jobs, and 
     postsecondary education in order to serve their country and 
     do so with distinction.
       (6) There is no more important cause for this Congress than 
     to support the members of the United States military and 
     provide assistance with their transition into and out of 
     active duty and active service.
       (c) Reference.--References in this Act to ``the Act'' are 
     references to the Higher Education Act of 1965 (20 U.S.C. 
     1001 et seq.).

     SEC. 2. WAIVER AUTHORITY FOR RESPONSE TO MILITARY 
                   CONTINGENCIES AND NATIONAL EMERGENCIES.

       (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 
     assistance programs under title IV of the Act as the 
     Secretary deems necessary in connection with a war or other 
     military operation or 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) recipients of student financial assistance under title 
     IV of the Act who are affected individuals are not placed in 
     a worse position financially in relation to that financial 
     assistance because of their status as affected individuals;
       (B) administrative requirements placed on affected 
     individuals who are recipients of student financial 
     assistance are minimized, to the extent possible without 
     impairing the integrity of the student financial assistance 
     programs, to ease the burden on such students 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 
     Act 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;
       (D) the calculation under section 484B(b)(2) of the Act (20 
     U.S.C. 1091b(b)(2)) of the amount a student is required to 
     return in the case of an affected individual may be modified 
     so that no overpayment will be required to be returned or 
     repaid if the institution has documented (i) the student's 
     status as an affected individual in the student's file, and 
     (ii) the amount of any overpayment discharged; and
       (E) institutions of higher education, eligible lenders, 
     guaranty agencies, and other entities participating in the 
     student assistance programs under title IV of the Act that 
     are located in areas that are declared disaster areas by any 
     Federal, State or local official in connection with a 
     national emergency, or whose operations are significantly 
     affected by such a disaster, may be granted temporary relief 
     from requirements that are rendered infeasible or 
     unreasonable by a 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 Act, 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 affected 
     individuals 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 active duty or active service; and
       (2) if affected individuals withdraw from a course of study 
     as a result of such active duty or active 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.
       (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.

       A financial aid administrator shall be considered to be 
     making a necessary adjustment in accordance with section 
     479A(a) of the Act if the administrator makes adjustments 
     with respect to the calculation of the expected student or 
     parent contribution (or both) of an affected individual, and 
     adequately documents the need for the adjustment.

     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 a war or other 
     military operation or national emergency;
       (B) is performing qualifying National Guard duty during a 
     war or other military operation or national emergency;
       (C) resides or is employed in an area that is declared a 
     disaster area by any Federal, State, or local official in 
     connection with a national emergency; or
       (D) suffered direct economic hardship as a direct result of 
     a war or other military operation or national emergency, as 
     determined by the Secretary.
       (3) Military operation.--The term ``military operation'' 
     means a contingency operation as such term is defined in 
     section 101(a)(13) of title 10, United States Code.
       (4) National emergency.--The term ``national emergency'' 
     means a national emergency declared by the President of the 
     United States.
       (5) Serving on active duty.--The term ``serving on active 
     duty during a war or other military operation or national 
     emergency'' shall include service by 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 a war or other military 
     operation or national emergency, 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 war, operation, or 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.
       (6) Qualifying national guard duty.--The term ``qualifying 
     National Guard duty during a war or other military operation 
     or national emergency'' means service as a member of the 
     National Guard on full-time National Guard duty (as defined 
     in section 101(d)(5) of title 10, United States Code) under a 
     call to active service authorized by the President or the 
     Secretary of Defense for a period of more than 30 consecutive 
     days under section 502(f) of title 32, United States Code, in 
     connection with a war, another military operation, or a 
     national emergency declared by the President and supported by 
     Federal funds.

     SEC. 6. TERMINATION OF AUTHORITY.

       The provisions of this Act shall cease to be effective at 
     the close of September 30, 2005.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Minnesota (Mr. Kline) and the gentleman from Ohio (Mr. Ryan) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Minnesota (Mr. Kline).


                             General Leave

  Mr. KLINE. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous matter on H.R. 1412.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  Mr. KLINE. Madam Speaker, I yield myself 3 minutes.
  Madam Speaker, I am pleased to bring forward, along with several of 
my colleagues, the Higher Education Relief Opportunities for Students, 
or HEROES, Act of 2003. This is a bill that

[[Page H2524]]

expresses the support and commitment of the United States House of 
Representatives to the troops who protect and defend the United States.
  Throughout our involvement in the war on terrorism, many thousands of 
men and women who serve our Nation in the Reserves or National Guard of 
the Armed Forces, whether the Army, Navy, Air Force, Marine Corps, 
other than Coast Guard, have been called to active duty or active 
service. Many of these men and women are also college and university 
students who are called away from their families, class work and 
studies to defend our Nation. Unfortunately, due to a number of 
restrictions in the Higher Education Act, these individuals are at risk 
of losing financial assistance and/or educational credit as a result of 
their service.
  Such a scenario is clearly not acceptable. The HEROES Act provides 
assurance to our men and women in uniform that they will not face 
education-related financial or administrative difficulties while they 
defend our Nation. The HEROES Act achieves this by granting the 
Secretary of Education the authority to address the specific needs of 
each student whose education is interrupted when they are called to 
service.
  This bill is specific in its intent to ensure that as a result of a 
war, military contingency operation, or national emergency our men and 
women are protected. By granting flexibility to the Secretary of 
Education, the HEROES Act will protect recipients of student financial 
assistance from further financial difficulty generated when they are 
called to serve, minimize administrative requirements without affecting 
the integrity of the programs, adjust the calculation used to determine 
financial need to accurately reflect the financial condition of the 
individual and his or her family, and provide the Secretary with the 
authority to address issues not yet foreseen.
  Following the September 11, 2001, attacks on our Nation, Members of 
this House united to unanimously pass similar legislation which helped 
ease the burden on students, institutions, and families affected by the 
attacks on our Nation. Today, the men and women serving in Operation 
Iraqi Freedom and in other parts of the world deserve the same support.
  I am pleased that a number of my colleagues have signed on as 
cosponsors of this legislation. This is an indication of Congress' 
commitment to our military, our students, our families, and our 
schools. I urge my colleagues to stand in strong support of the Higher 
Education Relief Opportunities for Students Act and join me in voting 
yes on H.R. 1412.
  Madam Speaker, I reserve the balance of my time.
  Mr. RYAN of Ohio. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of the HEROES Act introduced 
by my colleague, the gentleman from Minnesota (Mr. Kline), and thank 
him for doing so. This HEROES Act is appropriate at this time, as we 
have become very familiar over the past few weeks, watching the war 
unlike we have ever watched a war before. To address this very serious 
issue of the student loan repayment, this is altogether fitting and 
proper.
  This is a great first step for this Chamber to make; but Madam 
Speaker, I believe that as we continue to watch and become aware that 
this war is not going to be as quick as we thought it was going to be, 
as this war begins to extend, and as our troops who were activated for 
possibly months or a year, this conflict now may stretch to 2 years or 
to 3 years, specifically dealing with the student loans, as we talk 
about forbearance in that the Secretary will have the opportunity to 
forbear a loan as our servicemen and servicewomen are activated, this 
will allow them not to pay on their student loans for the time that 
they are active.
  Unfortunately, while they are still serving our country, making great 
sacrifices, the interest on their loan will still be accruing; so this 
is a great first step, but I think we can do much better. I think we in 
the Chamber, as we go forward in the next few weeks, should continue to 
try to extend these benefits, possibly allow these soldiers to defer 
their loans, and to subsidize the interest, so when they get back after 
serving this country, they will not owe more than when they left. I 
think that is a small step that we should make in order to support our 
troops as we should.
  I have a bill that is the Active Reservists and National Guard 
Student Loan Relief Act which would do this, and I think we should look 
into it. Some soldiers who have $50,000 in student loans will accrue 
$2,600 in interest if they are serving for only 1 year. When they come 
back, they will owe $2,600 more.
  Madam Speaker, I urge us to vote in support of the HEROES Act, but 
continue to be open-minded with other options in which we can show 
support for our troops.
  Madam Speaker, I reserve the balance of my time.
  Mr. KLINE. Madam Speaker, I yield myself such time as I may consume.
  I thank the gentleman for his remarks, and appreciate his commitment 
to the troops and his desire to extend additional benefits to those now 
serving. I look forward to work with the gentleman on that.
  Madam Speaker, I yield 2 minutes to the gentleman from Georgia (Mr. 
Isakson).
  Mr. ISAKSON. Madam Speaker, I want to thank the gentleman from 
Minnesota (Mr. Kline) for introducing this important piece of 
legislation. Last Friday in Atlanta, Georgia, at our State Capitol, and 
along with the gentlemen from Georgia, Mr. Gingrey and Mr. Linder, and 
our Governor, I signed a proclamation commending the employers of our 
men and women who have been called up to active duty from the Reserves, 
to commend them for the sacrifice those companies are giving, and to 
commend them on their commitment to reemploy and keep those jobs for 
those troops when they come home.
  It is only appropriate that we in Congress today do exactly what we 
are doing with regard to student loans. I support the HEROES Act of 
2003, which gives the Secretary the authority under title IV of the 
Higher Education Act to make those waivers and deferrals that are 
necessary to ensure that our troops whose lives have been disrupted 
suddenly, and now serve us in the Middle East and in Iraq, to make sure 
that their families are not harassed by collectors and that their loan 
payments are deferred until they return; and also encourage those 
institutions of higher learning that have accepted tuition for 
semesters or quarters that now cannot be fulfilled because that 
Reservist has been activated to refund the tuition back to those 
Reservists. So when they return home they can enjoy a full quarter or 
semester, and they can get every dollar that they have invested in 
every bit of education they have paid for.
  The gentleman from Minnesota (Mr. Kline) is doing what all of us in 
Congress want to do: showing in every way and every facet every 
appreciation for those brave men and women who serve in our Reserves, 
and at a moment's notice, go in harm's way on behalf of the defense of 
everything we do in this country.
  I commend the gentleman for his introduction, and I urge every Member 
of the House to support the HEROES Act of 2003.
  Mr. KLINE. Madam Speaker, it is my pleasure to yield 3 minutes to the 
distinguished gentleman from Ohio (Mr. Boehner), chairman of the 
Committee on Education and the Workforce.
  Mr. BOEHNER. Madam Speaker, I thank my colleague for yielding time to 
me, and congratulate the gentleman from Minnesota (Mr. Kline), one of 
our freshman members of the committee, for the introduction of this 
bill.
  Let me also thank my colleague, the gentleman from Ohio (Mr. Ryan), 
another freshman member of our committee, for his contributions to this 
effort.
  None of us believe that our active duty soldiers should be in a 
position where they are going to have to make payments on their student 
loans while in fact they are not here. This discretion has been given 
to the Secretary under the Higher Education Act Amendments, the recent 
reauthorization.
  What we want to do here is to make it clear to the Secretary that not 
only does he have that authority and we expect that he will work with 
it, but also to give him a more permanent authority in the case of a 
national emergency

[[Page H2525]]

that he can, in fact, defer these payments.
  Members of our committee have a very good relationship with the 
Secretary of Education. He is working with those institutions and 
agencies today to ensure that our active duty soldiers, sailors, 
airmen, and the rest have this protection. I do think the passage of 
this will give him clear authority to make sure that they and their 
families do not have this in this time of war.

                              {time}  1230

  Again, I wanted to congratulate both of my colleagues for their 
efforts on this bill and urge all of my colleagues in the House to 
support the HEROES Act of 2003.
  Mr. RYAN of Ohio. Madam Speaker, I yield myself such time as I may 
consume.
  I would also like to thank the chairman of the committee for all of 
his work also on this effort. He has been great to work with; and I 
think, again, this is a good first step for us to take. And while he is 
here, I just wanted to mention a couple of people, one who is from my 
district in Ohio, Krista Rosado, Madam Speaker. She is a Reservist in 
my district. She has been called to duty for up to 2 years for the war 
on terror. She is a technical sergeant, and she has student loans in 
the amount of $11,400 with a 7 percent interest rate.
  Now, under the current legislation that we are dealing with, she will 
accrue over $1,400 in additional interest on her loan. So when she does 
get back from service, she will owe this money. And I think the natural 
next step for us to take is to say to Krista, thank you for your 
service, thank you for your sacrifice, and we will take care of the 
interest on your loan while you were over serving your country.
  Mr. BOEHNER. Madam Speaker, will the gentleman yield?
  Mr. RYAN of Ohio. I yield to the gentleman from Ohio.
  Mr. BOEHNER. Madam Speaker, as I have mentioned to the gentleman and 
staff, we have worked on his important addition to this bill, but under 
the 1973 Budget Act we are required to find offsets. As the gentleman 
is aware, there is about a $10 million cost estimate from the CBO on 
this bill. But I commit to the gentleman we will continue to work with 
you to try to find these offsets under the Budget Act so that we can, 
in fact, bring this bill to the floor.
  Mr. RYAN of Ohio. Reclaiming my time, I thank the gentleman, and I 
look forward to working with him.
  Madam Speaker, I reserve the balance of my time.
  Mr. REYNOLDS. Madam Speaker, I yield 3 minutes to the gentleman from 
California (Mr. McKeon), the chairman of the Subcommittee on 21st 
Century Competitiveness.
  Mr. McKEON. Madam Speaker, I rise in strong support of H.R. 1412, the 
Higher Education Relief Opportunity for Student Act of 2003, or more 
appropriately called the HEROES Act. I want to thank my colleague from 
Minnesota (Mr. Kline) and the gentleman from Ohio (Mr. Ryan) for their 
leadership in bringing this bill to the floor, especially the gentleman 
from Minnesota (Mr. Kline), who spent 25 years as a Marine and learned 
great leadership skills with that great body and now is bringing those 
great leadership skills here to Congress which are exemplified by him 
bringing this bill to the floor.
  The HEROES Act provides the Secretary of Education with specific 
waiver authority under title IV of the Higher Education Act, which 
governs student financial assistance programs. The Secretary would be 
able to provide relief to those students with student loans and other 
title IV assistance who have been called to active duty and those 
active duty military being reassigned to different duty stations. We 
are asking a great deal of our men and women in the military. They are 
going forward to fight in Operation Iraqi Freedom, and they are doing 
so with great distinction. Their lives are being disrupted, and we need 
to give them our full support. The last thing these men and women need 
to worry about is making a student loan payment or worry about how they 
will reenroll in schooling when they return.
  H.R. 1412 will provide the Secretary of Education with the 
opportunity to relieve those concerns and allow them to focus on the 
difficult and dangerous jobs that they have been assigned to do. This 
bill will also relieve the burdens on the families here at home because 
they will not have to deal with loan collectors hounding them for 
students loan payments, among other things.
  Another important aspect of the HEROES Act is that it allows the 
Secretary of Education to act quickly should a situation arise that has 
not been considered. It allows him to protect the interests of our 
military personnel while at the same time ensuring the integrity of the 
Federal Student Assistance Programs. The Secretary of Education is in a 
unique position to act as ambassador between the students, institutions 
of higher education, and the student aid community to ensure the 
necessary accommodations are provided to those who are affected by the 
conflict before us.
  I want to applaud the Secretary and his staff for the work they have 
done since the tragedy of September 11 to provide the relief and 
flexibility to our military and others. I also want to acknowledge the 
efforts put forward by the postsecondary education community, lenders, 
loan servicers, secondary markets and students loan guarantee agencies 
in the student loan programs who work with all of those affected by the 
events that have confronted us.
  The bipartisan HEROES Act will go a long way in reducing some of the 
burdens facing our military. While it will not solve every issue that 
will arise, the HEROES Act will alleviate concerns around student 
financial assistance and postsecondary education. It also stands as a 
clear indication of the commitment of this Congress to the men and 
women fighting to protect the freedoms of this great Nation.
  I urge my colleagues to unite in their support for the brave men and 
women fighting in Operation Iraqi Freedom and elsewhere and strongly 
support the bipartisan HEROES Act. I look forward to swift passage of 
this legislation.
  Mr. KLINE. Madam Speaker, I yield 2 minutes to the gentleman from 
Georgia (Mr. Burns), a member of the Committee on Education and the 
Workforce, a man with extensive experience in higher education.
  Mr. BURNS. Madam Speaker, we have before us today a sensible piece of 
legislation that will support our troops in completing their education, 
a bill that will help our troops participate in the Federal financial 
aid program by cutting through the administrative hurdles upon their 
return from active duty.
  H.R. 1412 would ask postsecondary institutions to provide a full 
refund of tuitions and fees to students for the period that they are 
not able to complete because of their service to America. It would also 
minimize difficult enrollments or reapplication requirements making it 
easier for military personnel to reenter the postsecondary education 
environment when they return from serving their Nation. The HEROES bill 
would excuse military personnel from their Federal student loan 
obligations while they are on active duty in service to the United 
States. While these men and women are fighting for our freedom 
overseas, they should not be worrying about repaying their student 
loans.
  Our military Reservists are called to serve the Nation. It is our 
duty to provide them with the support and flexibility they need to 
avoid financial hardship as they defend freedom and protect our safety.
  Madam Speaker, this is a good bill for the men and women who are 
fighting for our future. I am proud to be a co-sponsor of this 
legislation, and I urge the support of its passage from my colleagues.
  Mr. RYAN of Ohio. Madam Speaker, I reserve the balance of my time.
  Mr. KLINE. Madam Speaker, I yield 2 minutes to the gentleman from 
Nebraska (Mr. Osborne), my colleague on the Committee on Education and 
the Workforce.
  Mr. OSBORNE. Madam Speaker, I would like to join those congratulating 
the gentleman from Minnesota (Mr. Kline) for his introduction of H.R. 
1412.
  Madam Speaker, a high percentage of our military personnel are 
Reservists and National Guardsmen. These are ordinary citizens; they 
have families. Many of them are in school. Many are in higher 
education.
  I would like to call attention to a couple of aspects of H.R. 1412 
which

[[Page H2526]]

have heretofore been somewhat ignored. Number one, this particular 
legislation allows Reservists who leave college and universities for 
military service to return with the same academic standing as they had 
when they left. And this may seem kind of minor, but it is very 
important because in many graduate programs if you are not there for 
consecutive semesters, you lose your standing. You are no longer in the 
graduate college. Also sometimes after a period of absence, a student 
will lose credits and so this legislation prevents that from happening. 
I think that is very important. Also this legislation urges full 
refunds of tuition and fees for those who are called to active duty. 
Often times this happens in the middle of the semester, and the student 
may have already paid thousands of dollars in tuition and fees and 
normally the universities, when you drop out, do not refund these, so 
this does call for a full refund. And of course we have already 
discussed the fact that this does relieve Reservists from payments of 
student loans while on duty, which is very, very important.
  On April 15, 2002, the State of Nebraska enacted the above provisions 
for those called to active duty through a memorandum agreement between 
the Governor and the colleges and universities. This was certainly a 
very good step for the State of Nebraska and, of course, this 
legislation to make these provisions applicable nationwide. So I urge 
its support and, again, want to thank the gentleman from Minnesota (Mr. 
Kline) for his introduction of this bill. It is a good bill and 
something we can all be proud of in a bipartisan manner in this House 
of Representatives.
  Mr. RYAN of Ohio. Madam Speaker, I yield myself 2 minutes.
  Madam Speaker, I also want to thank the gentleman from Nebraska (Mr. 
Osborne), who is also a colleague of mine on the Committee on Education 
and the Workforce. I do not think there is a Member of this Congress 
who has more experience dealing with some of the hardships that young 
people deal with when in college. He mentioned that some of the 
Reservists who are on active duty and who have been activated that the 
HEROES Act is going to help. Sixty-seven percent of the Reservists have 
some college education with which this bill will be able to assist 
them, some college education or more; 25.8 percent have some college 
education but not yet have received a degree; and then of which the 
HEROES Act will also help 12.1 percent have an associate's degree; 20 
percent have a bachelor's degree; 7 percent have a master's degree; and 
2 percent have a doctoral or some professional degree. So this HEROES 
Act is going to address a significant number of people who are 
currently serving their country. Again, I commend the gentleman for 
introducing this legislation.
  Madam Speaker, I reserve the balance of my time.
  Mr. KLINE. Madam Speaker, I yield 2 minutes to the gentleman from 
Georgia (Mr. Gingrey), another of my colleagues on the Committee on 
Education and the Workforce.
  Mr. GINGREY. Madam Speaker, I thank the gentleman from Minnesota (Mr. 
Kline) for yielding me time.
  When we have legislation in this body, often times we come up with an 
acronym. In this particular bill, the HEROES Act, Higher Education 
Relief Opportunity Act for Students, what a great acronym for H.R. 
1412, because truly we are talking about doing something for our young 
men and women who are indeed our heroes.
  We emphasize so much to young people that there is nothing more 
valuable to them in life than an education; and we want them, indeed, 
all of us, to be lifelong learners, and there is no more noble calling, 
of course, then service to one's country and putting one's life, 
indeed, in harm's way for this country as these students are now doing. 
So I commend the gentleman from Minnesota (Mr. Kline), my colleague on 
the Committee on Education and the Workforce. I commend the gentleman 
from Ohio (Mr. Ryan), my colleague also on this committee. In listening 
to his testimony, it is obvious where his heart is in regards to 
wanting to actually extend relief even more than this bill will do in 
regard to mitigating the accrual of interest during the time that these 
young men and women are serving our country.
  And as the chairman of our committee, the gentleman from Ohio (Mr. 
Boehner), indicated, when we can figure out an opportunity to offset 
some of the costs of that, certainly we want to work very closely with 
the gentleman from Ohio. But it is indeed a wonderful bill and it is 
saying to these students, you can go right back to school as soon as 
your duty to this country is over with. The families will not be put 
upon during that interim for payment of interest; and I am a very 
proud, proud supporter of H.R. 1412, the HEROES Act.
  Mr. RYAN of Ohio. Madam Speaker, I yield myself such time as I may 
consume.
  I would like to thank the gentleman for his fine work on the 
committee and his pledge of support to work with us. I think given the 
intellect of this body, we should be should be able to figure out a way 
to make this happen and to make sure that the soldiers over there who 
are sacrificing and risking life and limb for our own freedoms in this 
country, we should be able to work it out.
  In closing, Madam Speaker, again, this HEROES Act is a great first 
step for us. As we said earlier, this addresses a number of people who 
are soldiers, who are making sacrifice for this country and really for 
freedom around the world.

                              {time}  1245

  Again, just to reiterate, the forbearance is a great first step. I 
think the intention of forbearing a loan, again, is for more of the 
shorter conflicts where our soldiers are just going to be activated for 
maybe a few months, where the accrual of interest would not be that 
significant. But as we see this conflict start to extend from a year to 
2 years, or how long the President decides, we need to understand that 
the accrual of that interest needs to be taken care of, because these 
soldiers who, many as we know are making great sacrifices not only 
physically, but economically at home, and many of these soldiers who 
are over there are not earning nearly the amount that they would be 
earning if they were working here in this country.
  They are taking significant pay cuts, taking enormous physical risks, 
and so the forbearance for a short conflict, the subsidies and 
deferment for longer conflicts where there is an opportunity to have 
significant accrual of the interest, I think that is a next logical 
step.
  We are here to support these young men and young women who are 
fighting for this country, not just the soldiers on the front lines, 
but also those following whom we have seen become prisoners of war and 
missing in action. This is a very dangerous endeavor that we have 
taken.
  I thank the gentleman again and very much look forward to working 
with him to take this to the next step and to the next level. I very 
much look forward to working with the gentleman and the chairman of the 
committee to do that.
  Madam Speaker, I yield back the balance of my time.
  Mr. KLINE. Madam Speaker, I yield myself such time as I may consume.
  I would like to start by saying thanks again to my colleague, the 
gentleman from Ohio, for his passionate interest in this bill, for his 
support of the bill; and I, too, look forward to working with him in 
the days and weeks that come ahead to make sure that we are doing the 
very best that we can for our men and women who have been called to 
active duty.
  I appreciate very much the many remarks of my colleagues here today. 
We have had remarks from a college professor and from a college coach 
and from people with years of experience on this committee. I very much 
appreciate the work they have done on this.
  I am grateful for the credit that has been given to me for bringing 
this bill forward, but the truth is, I am following the steps of some 
people who have blazed the trail ahead of me.
  This is a very, very important bill. It is important for our 
colleagues, for families and for the men and women in uniform, and I 
urge my colleagues to stand in strong support of the Heroes Act and 
vote yes on H.R. 1412.
  Mr. REYES. Madam Speaker, I rise today in support of H.R. 1412, the 
Higher Education Relief Opportunities for Students Act of 2003, which 
would assist students who have answered the call to serve our nation 
and students whose lives may be disrupted by a national disaster 
connected to the current war effort.

[[Page H2527]]

  The Higher Education Relief Opportunities for Students Act would 
waive or modify any provisions applicable to federal student financial 
aid programs in order to assist students who are honorably serving in 
the Persian Gulf. These young men and women are risking their lives 
today to protect our nation's freedom and liberty. This bill will 
ensure that those members of our Armed Services who have put their 
studies on hold are not placed in a worse financial position as a 
result of their service to our nation. This is the least we can do.
  In keeping with this objective, this bill will assure that 
administrative requirements for these armed service members are 
minimized. Not only will this bill prevent any financial burden that 
these troops may otherwise experience as a result of serving our 
country, but by extension will serve to facilitate their transition 
into and out of active service.
  In addition to protecting students who today find themselves 
defending our nation, one of the provisions in the bill grants 
institutions of higher education, eligible lenders, and guaranty 
agencies located in any area declared a disaster temporary relief from 
infeasible and unreasonable requirements.
  We must make sure that all of our students are protected against any 
burden they may face as a result of the current war. I am proud to 
support of H.R. 1412, the Higher Education Relief Opportunities for 
Students Act of 2003 and strongly urge my colleagues to do the same.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise in support of H.R. 
1412.
  I support H.R. 1412 because the Higher Education Relief Opportunities 
for Students Act of 2003 ensures that the brave young men and women of 
our armed services will not have their educations compromised when they 
answer the call to active duty.
  H.R. 1412 grants the Secretary of Education the discretion to provide 
financial aid relief, tuition refunds, or credits to members of our 
Armed Forces when they respond to military operations or national 
emergencies.
  When enlisted men and women, who are also students at colleges and 
universities, are called to active duty, H.R. 1412 will allow the 
Secretary of Education to grant waivers and statutory exceptions to 
protect their enrollment and financial aid status.
  It will also empower the Secretary of Education with the discretion 
to grant a full tuition refund to members of our Armed Services who are 
called to active duty.
  This discretion will empower the Secretary to drastically reduce the 
likelihood that enlisted men's and women's educations will be 
jeopardized by inadvertent, technical violations or defaults when they 
are called to service. It also ensures that members of our Armed Forces 
do not forfeit their tuition payments when they answer the call to 
service.
  Hundreds of thousands of young men and women have been called to 
active duty in our Army, Navy, Air Force, Marine Corps, and Coast 
Guard.
  These heroes put the safety of every American citizen before 
themselves. They risk their lives, and their educations, so that we can 
be safe.
  H.R. 1412 protects the members of our Armed Forces. It ensures that 
they will not be in a worse position financially or in their education 
as a result of their status as students and soldiers.
  I support H.R. 1412, Madam Speaker, because we must support the 
members of our Armed Forces in every way that we can, including in 
their educations.
  Mr. HOLT. Madam Speaker, as our nation is at war in the Persian Gulf, 
many men and women who serve in our nation's armed forces have been 
called up to active duty, including many college and university 
students.
  Many of these students participate in federal financial aid programs, 
and in order to ensure the utmost flexibility during the time that they 
are engaged in military service, it is essential that the Department of 
Education be given extended waiver authority to accommodate the needs 
of our troops.
  This is why I support H.R. 1412 Higher Education Relief Opportunities 
for Students (HEROES) Act of 2003.
  The bill will extend the waive authority granted to the Secretary of 
Education to allow him to provide the appropriate assistance and 
flexibility to our men and women in uniform as they transfer in and out 
of postsecondary education during a time of war.
  The extended waiver authority provided for in the HEROES bill 
addresses the need to assist students who are being asked to disrupt 
their lives in the defense of the freedoms we all hold so precious.
  It will also allow the Secretary to address events now unforeseen. It 
also urges all postsecondary institutions to provide a full refund of 
tuition, fees and other charges to students who are members of the 
Armed Forces or are serving on active duty, including the Reserves and 
National Guard.
  What a positive message it would send to the hundreds of thousands of 
American men and women in uniform currently risking their lives to help 
them with their student loans. Recall the fine, positive effect of the 
GI education bills.
  Our men and women deserve our help. As the brave men and women of the 
United States are engaged in this difficult and dangerous war we should 
limit the negative impacts on them and their families here at home.
  I ask my colleagues to support H.R. 1412 Higher Education Relief 
Opportunities for Students Act.
  Mr. EMANUEL. Madam Speaker. I rise today in support of H.R. 1412, the 
Higher Education Relief Opportunities for Students Act. This is timely, 
essential legislation which ensures that those brave men and women who 
make enormous sacrifices for our nation do not forfeit their right to 
an affordable and accessible education.
  Members of the armed forces often spend considerable time away from 
their families, stall other career and educational goals, and, most 
significantly, expose themselves to the risk of serious injury or 
death. These individuals and their families deserve our greatest 
respect, and certainly deserve the assurance that they will not be 
unfairly penalized for their time spent in military service.
  The promise of higher education, and the availability of federal 
financial assistance to make this opportunity a reality, represent key 
components of the American experience. It is only right that we ensure 
access to higher education for those who work to protect the values and 
privileges that we enjoy as Americans.
  I applaud Congressman Kline and the other Members of the Committee on 
Education and Workforce for introducing this critical legislation and 
bringing it to the floor today. It is a symbol of support for the brave 
men and women involved in Operation Iraqi Freedom and for all of those 
who selflessly devote their lives to protecting our nation and our 
freedom.
  Mr. KLINE. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Capito). The question is on the motion 
offered by the gentleman from Minnesota (Mr. Kline) that the House 
suspend the rules and pass the bill, H.R. 1412.
  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. KLINE. Madam 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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