IB
Union Calendar No. 401
107TH CONGRESS
2D SESSION
H. R. 5091
[Report No. 107–655]
To increase the amount of student loan forgiveness available to qualified
teachers, with an emphasis on special education teachers.
IN THE HOUSE OF REPRESENTATIVES
JULY 11, 2002
Mr. GRAHAM (for himself, Mr. BOEHNER, Mr. BURR of North Carolina, Mr.
COOKSEY, Mr. GRAVES, Mr. GREENWOOD, Mr. HILLEARY, Mr. ISAKSON,
Mr. MCKEON, Mr. NORWOOD, Mr. PLATTS, Ms. ROS-LEHTINEN, and Mr.
TIAHRT) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce
SEPTEMBER 12, 2002
Additional sponsor: Mr. EVANS
SEPTEMBER 12, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 11, 2002]
A BILL
To increase the amount of student loan forgiveness available
to qualified teachers, with an emphasis on special edu-
cation teachers.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Canceling Loans to
Allow School Systems to Attract Classroom Teachers Act’’.
SEC. 2. ADDITIONAL QUALIFIED LOAN AMOUNTS FOR STU-
DENT LOAN FORGIVENESS.
(a) FFEL LOANS.—Section 428J(c) of the Higher
Education Act of 1965 (20 U.S.C. 1078–10(c)) is amended
by adding at the end the following new paragraph:
‘‘(3) ADDITIONAL AMOUNTS; PRIORITY.—
‘‘(A) LARGER
AMOUNTS
FROM
APPRO-
PRIATED FUNDS.—Notwithstanding the amount
specified in paragraph (1), the aggregate amount
that the Secretary may, from funds appropriated
under subparagraph (C), repay under this sec-
tion is a total amount equal to not more than
$17,500.
‘‘(B) AWARD
BASIS; PRIORITY.—The Sec-
retary shall make payments under this para-
graph to elementary or secondary school teachers
who meet the requirements of subsection (b) on
a first-come first-served basis, subject to the
availability of appropriations, but shall give pri-
ority in providing loan repayment under this
paragraph for a fiscal year to teachers who—
‘‘(i)(I) are employed as special edu-
cation teachers whose primary responsi-
bility is to teach or support children with
disabilities (as defined in section 602 of the
Individuals with Disabilities Act); and
‘‘(II) as certified by the chief adminis-
trative officer of the public or nonprofit pri-
vate elementary or secondary school in
which the borrower is employed, are teach-
ing children with disabilities that cor-
respond with the borrower’s training and
have demonstrated knowledge and teaching
skills in the content areas of the elementary
or secondary school curriculum that the bor-
rower is teaching;
‘‘(ii) are employed as teachers in local
educational agencies that are determined by
a State educational agency under section
2141 of the Elementary and Secondary
Education Act of 1965 to have failed to
make progress toward meeting the annual
measurable objectives described in section
1119(a)(2) of such Act for 2 consecutive
years; or
‘‘(iii) are employed as teachers of
mathematics or science.
‘‘(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated
to carry out this paragraph such sums as may
be necessary for fiscal year 2003 and for each of
the 4 succeeding fiscal years.’’.
(b) DIRECT LOANS.—Section 460(c) of the Higher
Education Act of 1965 (20 U.S.C. 1087j(c)) is amended by
adding at the end the following new paragraph:
‘‘(3) ADDITIONAL AMOUNTS; PRIORITY.—
‘‘(A) LARGER
AMOUNTS
FROM
APPRO-
PRIATED FUNDS.—Notwithstanding the amount
specified in paragraph (1), the aggregate amount
that the Secretary may, from funds appropriated
under subparagraph (C), repay under this sec-
tion is a total amount equal to not more than
$17,500.
‘‘(B) AWARD
BASIS; PRIORITY.—The Sec-
retary shall make payments under this para-
graph to elementary or secondary school teachers
who meet the requirements of subsection (b) on
a first-come first-served basis, subject to the
availability of appropriations, but shall give pri-
ority in providing loan repayment under this
paragraph for a fiscal year to teachers who—
‘‘(i)(I) are employed as special edu-
cation teachers whose primary responsi-
bility is to teach or support children with
disabilities (as defined in section 602 of the
Individuals with Disabilities Act); and
‘‘(II) as certified by the chief adminis-
trative officer of the public or nonprofit pri-
vate elementary or secondary school in
which the borrower is employed, are teach-
ing children with disabilities that cor-
respond with the borrower’s training and
have demonstrated knowledge and teaching
skills in the content areas of the elementary
or secondary school curriculum that the bor-
rower is teaching;
‘‘(ii) are employed as teachers in local
educational agencies that are determined by
a State educational agency under section
2141 of the Elementary and Secondary
Education Act of 1965 to have failed to
make progress toward meeting the annual
measurable objectives described in section
1119(a)(2) of such Act for 2 consecutive
years; or
‘‘(iii) are employed as teachers of
mathematics or science.
‘‘(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated
to carry out this paragraph such sums as may
be necessary for fiscal year 2003 and for each of
the 4 succeeding fiscal years.’’.
SEC. 3. CANCELLATION OF STUDENT LOAN INDEBTEDNESS
FOR SPOUSES, SURVIVING JOINT DEBTORS,
AND PARENTS.
(a) DEFINITIONS.—For purposes of this section:
(1) ELIGIBLE PUBLIC SERVANT.—The term ‘‘eli-
gible public servant’’ means an individual who—
(A) served as a police officer, firefighter,
other safety or rescue personnel, or as a member
of the Armed Forces; and
(B) 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) ELIGIBLE VICTIM.—The term ‘‘eligible vic-
tim’’ means an individual who died (or dies) or be-
came (or becomes) permanently and totally disabled
due to injuries suffered in the terrorist attack on Sep-
tember 11, 2001, as determined in accordance with
regulations of the Secretary.
(3) ELIGIBLE
SPOUSE.—The term ‘‘eligible
spouse’’ means the spouse of an eligible public serv-
ant, as determined in accordance with regulations of
the Secretary.
(4) ELIGIBLE
SURVIVING
DEBTOR.—The term
‘‘eligible surviving debtor’’ means an individual who
owes a Federal student loan that is a consolidation
loan that was used, jointly by that individual and an
eligible victim, to repay the Federal student loans of
that individual and of such eligible victim.
(5) ELIGIBLE PARENT.—The term ‘‘eligible par-
ent’’ means the parent of an eligible victim if—
‘‘(A) the parent owes a Federal student loan
that is a consolidation loan that was used to
repay a PLUS loan incurred on behalf of such
eligible victim; or
‘‘(B) the parent owes a Federal student loan
that is a PLUS loan incurred on behalf of an el-
igible victim who became (or becomes) perma-
nently and totally disabled due to injuries suf-
fered in the terrorist attack on September 11,
2001.
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Education.
(7) FEDERAL STUDENT LOAN.—The term ‘‘Fed-
eral 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.
(b) RELIEF FROM INDEBTEDNESS.—
(1) IN GENERAL.—The Secretary shall provide
for the discharge or cancellation of—
(A) the Federal student loan indebtedness of
an eligible spouse;
(B) the consolidation loan indebtedness of
an eligible surviving debtor;
(C) the portion of the consolidation loan in-
debtedness of an eligible parent that was in-
curred on behalf of an eligible victim, if the
amount of such indebtedness with respect to such
eligible victim may be reliably determined on the
basis of records available to the lender; and
(D) the PLUS loan indebtedness of an eligi-
ble parent that was incurred on behalf of an eli-
gible victim described in subsection (a)(5)(B).
(2) METHOD
OF
DISCHARGE
OR
CANCELLA-
TION.—A loan required to be discharged or canceled
under paragraph (1) shall be discharged or canceled
by the method used under section 437(a), 455(a)(1),
or 464(c)(1)(F) of the Higher Education Act of 1965
(20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)),
whichever is applicable to such loan.
(c) FACILITATION OF CLAIMS.—The Secretary shall—
(1) establish procedures for the filing of applica-
tions for discharge or cancellation under this section
by regulations that shall be prescribed and published
within 90 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, eligible surviving debtors, and eligible par-
ents 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) for the discharge of in-
debtedness of deceased or disabled individuals shall be avail-
able for making payments under section 437(a) to lenders