2000
[DOCID: f:s1918is.txt]
107th CONGRESS
2d Session
S. 1918
To expand the teacher loan forgiveness programs under the guaranteed
and direct student loan programs for highly qualified teachers of
mathematics, science, and special education, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 7, 2002
Ms. Collins (for herself, Mr. Frist, Mr. Lieberman, Mr. DeWine, Mr.
Roberts, Mr. Sessions, Mr. Carper, and Mr. Breaux) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To expand the teacher loan forgiveness programs under the guaranteed
and direct student loan programs for highly qualified teachers of
mathematics, science, and special education, and for other purposes.
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 ``Mathematics, Science, and Special
Education Teacher Recruitment Act of 2002''.
SEC. 2. REVISION OF TEACHER LOAN FORGIVENESS PROGRAMS.
(a) Guaranteed Student Loans.--Part B of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1071 et seq.) is amended by inserting
after section 428K the following:
``SEC. 428L. EXPANDED LOAN FORGIVENESS FOR HIGHLY QUALIFIED TEACHERS OF
MATHEMATICS, SCIENCE, AND SPECIAL EDUCATION.
``(a) Purpose.--It is the purpose of this section to--
``(1) expand, subject to the availability of
appropriations, the eligibility of certain highly qualified
teachers to qualify for loan forgiveness beyond that available
under section 428J; and
``(2) provide additional incentives for highly qualified
teachers of mathematics, science, and special education in
high-need schools to enter and continue in the teaching
profession.
``(b) Program Authorized.--
``(1) In general.--The Secretary is authorized to carry out
a program, through the holder of the loan, of assuming the
obligation to repay a qualified loan amount for a loan made
under section 428 or 428H, in accordance with subsection (c),
for any borrower who--
``(A) is a highly qualified, full-time teacher of
mathematics, science, or special education at a high-
need school, and has been so employed for not less than
5 consecutive complete school years;
``(B) had mathematics, life or physical sciences,
technology, engineering, or special education as an
undergraduate academic major or minor, or has a
graduate degree in any such field, as certified by the
chief administrative officer of the public or nonprofit
private school in which the borrower is employed; and
``(C) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Selection of recipients.--The Secretary shall
promulgate regulations to ensure fairness and equality for
applicants in the selection of borrowers for loan repayment
under this section, based on the amount appropriated to carry
out this section.
``(c) Qualified Loan Amounts.--
``(1) In general.--The Secretary is authorized to repay not
more than $17,500 in the aggregate of the loan obligation on 1
or more loans made under section 428 or 428H that are
outstanding after the completion of the fifth complete school
year of teaching described in subsection (b)(1)(A).
``(2) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this subsection only to the extent that
such loan amount was used to repay a Federal Direct Stafford
Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan
made under section 428 or 428H for a borrower who meets the
requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) Additional Eligibility Provisions.--
``(1) Continued eligibility.--A highly qualified teacher
shall be eligible for loan forgiveness pursuant to subsection
(b), if the teacher performs service in a school that--
``(A) meets the definition of a high-need school
under subsection (g) in any year during such service;
and
``(B) in a subsequent year, fails to meet the
definition of a high-need school under subsection (g).
``(2) Prevention of double benefits.--
``(A) National service positions.--No borrower may,
for the same service, receive a benefit under both this
section and subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12601 et
seq.).
``(B) Loan forgiveness and cancellation provisions
for teachers.--
``(i) Forgiveness.--No borrower may receive
a reduction of loan obligations under both this
section and section 428J.
``(ii) Cancellation.--No borrower may
receive loan forgiveness under this section and
loan cancellation under section 460 or section
460A that exceeds, in the aggregate, $17,500.
``(g) Definitions.--In this section:
``(1) Highly qualified.--The term `highly qualified' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (Public Law 107-110).
``(2) High-need school.--The term `high-need school' has
the meaning given the term in section 2304(d) of the Elementary
and Secondary Education Act of 1965 (Public Law 107-110).
``(3) Year.--The term `year', where applied to service as a
teacher, means an academic year as defined by the Secretary.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for the period of fiscal years 2003 through 2008.''.
(b) Direct Student Loans.--Part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a) is amended by inserting after
section 460 the following:
``SEC. 460A. EXPANDED LOAN CANCELLATION FOR HIGHLY QUALIFIED TEACHERS
OF MATHEMATICS, SCIENCE, AND SPECIAL EDUCATION.
``(a) Purpose.--It is the purpose of this section to--
``(1) expand, subject to the availability of
appropriations, the eligibility of certain highly qualified
teachers to qualify for loan cancellation beyond that available
under section 460; and
``(2) provide additional incentives for highly qualified
teachers of mathematics, science, and special education in
high-need schools to enter and continue in the teaching
profession.
``(b) Program Authorized.--
``(1) In general.--The Secretary is authorized to cancel
the obligation to repay a qualified loan amount in accordance
with subsection (c) for Federal Direct Stafford Loans and
12bf
Federal Direct Unsubsidized Stafford Loans made under this part
for any borrower who--
``(A) is a highly qualified, full-time teacher of
mathematics, science, or special education at a high-
need school, and has been so employed for not less than
5 consecutive complete school years;
``(B) had mathematics, life or physical sciences,
technology, engineering, or special education as an
undergraduate academic major or minor, or has a
graduate degree in any such field, as certified by the
chief administrative officer of the public or nonprofit
private school in which the borrower is employed; and
``(C) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Selection of recipients.--The Secretary shall
promulgate regulations to ensure fairness and equality for
applicants in the selection of borrowers for loan cancellation
under this section, based on the amount appropriated to carry
out this section.
``(c) Qualified Loan Amounts.--
``(1) In general.--The Secretary is authorized to cancel
not more than $17,500 in the aggregate of the loan obligation
on 1 or more Federal Direct Stafford Loans or 1 or more Federal
Direct Unsubsidized Stafford Loans that are outstanding after
the completion of the fifth complete school year of teaching
described in subsection (b)(1)(A).
``(2) Treatment of consolidation loans.--A loan amount for
a Federal Direct Consolidation Loan may be a qualified loan
amount for the purposes of this subsection only to the extent
that such loan amount was used to repay a Federal Direct
Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or
a loan made under section 428 or 428H for a borrower who meets
the requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any canceled loan.
``(f) Additional Eligibility Provisions.--
``(1) Continued eligibility.--A highly qualified teacher
shall be eligible for loan forgiveness pursuant to subsection
(b), if the teacher performs service in a school that--
``(A) meets the definition of a high-need school
under subsection (g) in any year during such service;
and
``(B) in a subsequent year, fails to meet the
definition of a high-need school under subsection (g).
``(2) Prevention of double benefits.--
``(A) National service positions.--No borrower may,
for the same service, receive a benefit under both this
section and subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12601 et
seq.).
``(B) Loan forgiveness and cancellation provisions
for teachers.--
``(i) Cancellation.--No borrower may
receive a reduction of loan obligations under
both this section and section 460.
``(ii) Forgiveness.--No borrower may
receive loan cancellation under this section
and loan forgiveness under section 428J or
section 428L that exceeds, in the aggregate,
$17,500.
``(g) Definitions.--In this section:
``(1) Highly qualified.--The term `highly qualified' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (Public Law 107-110).
``(2) High-need school.--The term `high-need school' has
the meaning given the term in section 2304(d) of the Elementary
and Secondary Education Act of 1965 (Public Law 107-110).
``(3) Year.--The term `year', where applied to service as a
teacher, means an academic year as defined by the Secretary.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for the period of fiscal years 2003 through 2008.''.
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