ecd 
[DOCID: f:s1653is.txt]






107th CONGRESS
  1st Session
                                S. 1653

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 2001

  Mr. Schumer (for himself and Mrs. Clinton) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``September 11 Surviving Spouse 
Student Loan Relief Act''.

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

    (a) Definitions.--For purposes of this section:
            (1) Eligible spouse.--The term `eligible spouse' means the 
        spouse of an individual who served as a policeman, fireman, 
        other safety or rescue personnel, member of the Armed Forces, 
        or any other individual, who died (or dies) or became (or 
        becomes) permanently and totally disabled due to injuries 
        suffered in the terrorist attack on September 11, 2001, as 
        determined in accordance with regulations of the Secretary.
            (2) Secretary.--The term `Secretary' means the Secretary of 
        Education.
            (3) Federal student loan.--The term `Federal student loan' 
        means any loan made, insured, or guaranteed under part B, D, or 
        E of title IV of the Higher Education Act of 1965 (20 U.S.C. 
        1071 et seq., 20 U.S.C. 1087a et seq., and 20 U.S.C. 1087aa et 
        seq.).
    (b) In General.--The Secretary shall provide for the discharge or 
cancellation of the Federal student loan indebtedness of an eligible 
spouse in the same manner that the Federal student loan indebtedness of 
a student borrower is required to be discharged or canceled under 
sections 437(a), 455(a)(1), and 464(c)(1)(F) of the Higher Education 
Act of 1965 (20 U.S.C. 1087(a), 20 U.S.C. 1087e(a)(1), and 20 U.S.C. 
1087dd(c)(1)(F)), as applicable.
    (c) Facilitation of Claims.--The Secretary shall--
            (1) by regulation, establish procedures for the filing of 
        applications for discharge or cancellation under this section 
        that shall be prescribed and published not later than 30 days 
        after the date of enactment of this Act and without regard to 
        the requirements of section 553 of title 5, United States Code; 
        and
            (2) take such actions as may be necessary to publicize the 
        availability of discharge or cancellation of Federal student 
        loan indebtedness for eligible spouses under this section.
    (d) Availability of Funds for Payments.--Funds available for the 
purposes of making payments to lenders in accordance with section 
437(a) of the Higher Education Act of 1965 (20 U.S.C. 1087(a)) for the 
discharge of indebtedness of student borrowers shall be available for 
making payments to lenders under such section for a student borrower 
who is an eligible spouse.
    (e) No Delay in Regulations.--Sections 482(c) and 492 of the Higher 
Education Act of 1965 (20 U.S.C. 1089(c) and 20 U.S.C. 1098a) shall not 
apply to the regulations required by this section.
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