I 

109TH CONGRESS 

2D SESSION H. R. 4754 

To establish a student loan forgiveness program for members of the Sudanese 

Diaspora to enable them to return to southern Sudan and contribute 

to the reconstruction effort of southern Sudan. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2006 

Mr. TANCREDO (for himself, Mr. PAYNE, Mr. JEFFERSON, Mr. BISHOP of 

Georgia, Mr. MCNULTY, Mr. HOLT, Mr. WOLF, and Mr. AL GREEN of 

Texas) introduced the following bill; which was referred to the Committee 

on Education and the Workforce 

A BILL 

To establish a student loan forgiveness program for members 

of the Sudanese Diaspora to enable them to return to 

southern Sudan and contribute to the reconstruction effort of southern Sudan. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sudanese Diaspora 

5 Loan Forgiveness Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) The 21-year civil war between the North 

2 and the South in Sudan caused many Sudanese peo3 ple to flee their homeland and seek refuge in other 

4 countries, including the United States. 

5 (2) The United States has assisted many Suda6 nese citizens fleeing the violence in their homeland, 

7 including the Lost Boys in 2001, a group of approxi8 mately 3,800 children that were separated from 

9 their parents during the civil war and who fled on 

10 foot to Ethiopia, walking more than 1,000 kilo11 meters on the four-month journey, and who then 

12 fled again to Kenya to avoid forcible repatriation to 

13 Sudan. 

14 (3) Approximately 5,640 Sudanese citizens have 

15 been granted refugee status in the United States in 

16 Fiscal Years 2003 and 2004 alone. 

17 (4) The National Congress Party Government 

18 and the Sudanese People’s Liberation Movement 

19 (SPLM) signed the Comprehensive Peace Agreement 

20 in Nairobi, Kenya, on January 9, 2005, formally 

21 ending the conflict between the North and the South 

22 and creating a new Government of Sudan that con23 sists of a coalition of opposition groups and the 

24 former regime. 


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1 (5) With the signing of the Comprehensive 

2 Peace Agreement in Nairobi, Kenya, on January 9, 

3 2005, the Government of Southern Sudan’s plans 

4 for reconstruction in Southern Sudan are moving 

5 forward. 

6 (6) Sudanese refugees in the United States 

7 have acquired a reputation for being an extremely 

8 resilient group, and a number of them have, after 

9 adjusting to a new life in the United States, chosen 

10 to pursue a higher education, and now have profes11 sional skills to contribute to the rebuilding of their 

12 homeland. 

13 SEC. 3. ESTABLISHMENT OF PROGRAM. 

14 (a) STAFFORD LOANS.—Part B of title IV of the 

15 Higher Education Act of 1965 is amended by inserting 

16 after section 428K (20 U.S.C. 1078–11) the following new 

17 section: 

18 ‘‘SEC. 428L. LOAN FORGIVENESS FOR MEMBERS OF THE SU19 DANESE DIASPORA. 

20 ‘‘(a) STATEMENT OF PURPOSE.—It is the purpose of 

21 this section to encourage members of the Sudanese Dias22 pora in the United States to return to Southern Sudan 

23 for purposes of contributing to the reconstruction efforts 

24 there. 


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1 ‘‘(b) PROGRAM AUTHORIZED.—From the amount ap2 propriated under subsection (f) for any fiscal year, the 

3 Secretary of Education shall, in accordance with sub4 section (c) and in consultation with the Secretary of State, 

5 carry out a program, through the holder of the loan, of 

6 assuming the obligation to repay a qualified loan amount 

7 for a loan made under section 428 or 428H for any bor8 rower who— 

9 ‘‘(1) as of the date of the enactment of this sec10 tion, is a Sudanese citizen who— 

11 ‘‘(A) has been granted refugee or asylum 

12 status in the United States; 

13 ‘‘(B) has been granted lawful permanent 

14 resident status in the United States; or 

15 ‘‘(C) is a naturalized United States citizen; 

16 ‘‘(2) commits to returning to Southern Sudan 

17 for a period of five or more years for purposes of 

18 contributing professional skills to repairing the dam19 age to the infrastructure of Southern Sudan caused 

20 by the Sudanese civil war, as approved by the Sec21 retary for purposes of this section; and 

22 ‘‘(3) is not in default on a loan for which the 

23 borrower seeks forgiveness. 

24 ‘‘(c) QUALIFIED LOANS AMOUNT.— 


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1 ‘‘(1) IN GENERAL.—Of the aggregate of the 

2 loan obligation on a loan made under section 428 or 

3 428H that is outstanding to an individual who meets 

4 the requirements of subsection (b), the Secretary 

5 may, from funds appropriated under subsection (f), 

6 repay not more than— 

7 ‘‘(A) $3,000 after the first calendar year 

8 of service described in subsection (b)(2); 

9 ‘‘(B) $4,000 after the second such year of 

10 service; 

11 ‘‘(C) $5,000 after the third such year of 

12 service; 

13 ‘‘(D) $6,000 after the fourth such year of 

14 service; and 

15 ‘‘(E) $7,000 after the fifth such year of 

16 service. 

17 ‘‘(2) AWARD BASIS.—The Secretary shall make 

18 payments under this subsection on a first-come first19 served basis, subject to the availability of appropria20 tions. 

21 ‘‘(d) ADDITIONAL PROVISIONS.— 

22 ‘‘(1) TREATMENT OF CONSOLIDATION LOANS.— 

23 A loan amount for a loan made under section 428C 

24 may be a qualified loan amount for the purposes of 

25 this subsection only to the extent that such loan 


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1 amount was used to repay a Federal Direct Stafford 

2 Loan, a Federal Direct Unsubsidized Stafford Loan, 

3 or a loan made under section 428 or 428H for a 

4 borrower who meets the requirements of subsection 

5 (b), as determined in accordance with regulations 

6 prescribed by the Secretary. 

7 ‘‘(2) DOUBLE BENEFITS PROHIBITED.—No bor8 rower may receive a reduction of loan obligations 

9 under both this section and section 460A. 

10 ‘‘(e) REGULATIONS.—The Secretary shall, in con11 sultation with the Secretary of State, issue such regula12 tions as may be necessary to carry out the provisions of 

13 this section. 

14 ‘‘(f) CONSTRUCTION.—Nothing in this section shall 

15 be construed to authorize any refunding of any repayment 

16 of a loan. 

17 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For fis18 cal year 2006 and for each of the 5 succeeding fiscal years, 

19 there are authorized to be appropriated such sums as may 

20 be necessary to repay loans in the amounts specified in 

21 subsection (c)(1).’’. 

22 (b) DIRECT LOANS.—Part D of title IV is amended 

23 by inserting after section 460 (20 U.S.C. 1087j) the fol24 lowing new section: 


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1 ‘‘SEC. 460A. LOAN FORGIVENESS FOR MEMBERS OF THE SU2 DANESE DIASPORA. 

3 ‘‘(a) STATEMENT OF PURPOSE.—It is the purpose of 

4 this section to encourage members of the Sudanese Dias5 pora in the United States to return to Southern Sudan 

6 for purposes of contributing to the reconstruction efforts 

7 there. 

8 ‘‘(b) PROGRAM AUTHORIZED.—From the amount ap9 propriated under subsection (f) for any fiscal year, the 

10 Secretary of Education shall, in accordance with sub11 section (c) and in consultation with the Secretary of State, 

12 carry out a program of canceling the obligation to repay 

13 a qualified loan amount in accordance with subsection (c) 

14 for Federal Direct Stafford Loans and Federal Direct Un15 subsidized Stafford Loans made under this part for any 

16 borrower who— 

17 ‘‘(1) as of the date of the enactment of this sec18 tion, is a Sudanese citizen who— 

19 ‘‘(A) has been granted refugee or asylum 

20 status in the United States; 

21 ‘‘(B) has been granted lawful permanent 

22 resident status in the United States; or 

23 ‘‘(C) is a naturalized United States citizen; 

24 ‘‘(2) commits to returning to Southern Sudan 

25 for a period of five or more years for purposes of 

26 contributing professional skills to repairing the damVerDate Aug 31 2005 04:04 Feb 18, 2006 Jkt 049196 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4754.IH H4754

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1 age to the infrastructure of Southern Sudan caused 

2 by the Sudanese civil war, as approved by the Sec3 retary for purposes of this section; and 

4 ‘‘(3) is not in default on a loan for which the 

5 borrower seeks forgiveness. 

6 ‘‘(c) QUALIFIED LOANS AMOUNT.— 

7 ‘‘(1) IN GENERAL.—Of the aggregate of the 

8 loan obligation on a Federal Direct Stafford Loans 

9 and Federal Direct Unsubsidized Stafford Loan that 

10 is outstanding to an individual who meets the re11 quirements of subsection (b), the Secretary may, 

12 from funds appropriated under subsection (f), repay 

13 not more than— 

14 ‘‘(A) $3,000 after the first calendar year 

15 of service described in subsection (b)(2); 

16 ‘‘(B) $4,000 after the second such year of 

17 service; 

18 ‘‘(C) $5,000 after the third such year of 

19 service; 

20 ‘‘(D) $6,000 after the fourth such year of 

21 service; and 

22 ‘‘(E) $7,000 after the fifth such year of 

23 service. 

24 ‘‘(2) AWARD BASIS.—The Secretary shall make 

25 payments under this subsection on a first-come firstVerDate Aug 31 2005 04:04 Feb 18, 2006 Jkt 049196 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4754.IH H4754

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1 served basis, subject to the availability of appropria2 tions. 

3 ‘‘(d) ADDITIONAL PROVISIONS.— 

4 ‘‘(1) TREATMENT OF CONSOLIDATION LOANS.— 

5 A loan amount for Federal Direct Consolidation 

6 Loan may be a qualified loan amount for the pur7 poses of this subsection only to the extent that such 

8 loan amount was used to repay a Federal Direct 

9 Stafford Loan, a Federal Direct Unsubsidized Staf10 ford Loan, or a loan made under section 428 or 

11 428H for a borrower who meets the requirements of 

12 subsection (b), as determined in accordance with 

13 regulations prescribed by the Secretary. 

14 ‘‘(2) DOUBLE BENEFITS PROHIBITED.—No bor15 rower may receive a reduction of loan obligations 

16 under both this section and section 428L. 

17 ‘‘(e) REGULATIONS.—The Secretary shall, in con18 sultation with the Secretary of State, issue such regula19 tions as may be necessary to carry out the provisions of 

20 this section. 

21 ‘‘(f) CONSTRUCTION.—Nothing in this section shall 

22 be construed to authorize any refunding of any repayment 

23 of a loan. 

24 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For fis25 cal year 2006 and for each of the 5 succeeding fiscal years, 


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1 there are authorized to be appropriated such sums as may 

2 be necessary to repay loans in the amounts specified in 

3 subsection (c)(1).’’. 

Æ 


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