They Had Our Back We Have Theirs Act of 2022
Bill: H.R.7100 | Sponsor: Rep. Herrell, Yvette (R-NM)
Policy area: Crime and Law Enforcement

Summary:
They Had Our Back We Have Theirs Act of 2022
This bill provides specified levels of educational assistance and federal student loan forgiveness to children and spouses of eligible public safety officers. An eligible public safety officer is a public safety officer who died or was permanently and totally disabled from an injury sustained in the line of duty.

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  provide for certain minimal levels of educational assistance to the 
     dependents of public safety officers, 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 ``They Had Our Back We Have Theirs Act 
of 2022''.

SEC. 2. IN GENERAL.

    Subpart 2 of part L of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10302(a)) is amended--
            (1) in section 1212(a)--
                    (A) in paragraph (2), by inserting after 
                ``paragraph (3)'' the following: ``and paragraph (4)''; 
                and
                    (B) by adding at the end the following:
            ``(4) In the case of any dependent of an eligible public 
        safety officer who is deceased, the financial assistance 
        provided under this subpart shall include an amount of not less 
        than $25,000 which shall be made available under section 1219 
        not later than 180 days after that officer's death. Such amount 
        shall not be included for purposes of any computation referred 
        to in paragraph (2).''; and
            (2) by adding at the end the following:

``SEC. 1219. FEDERAL STUDENT LOAN FORGIVENESS FOR CHILDREN AND SPOUSES 
              OF ELIGIBLE PUBLIC SAFETY OFFICERS.

    ``(a) Forgiveness Required.--Notwithstanding any other provision of 
law, and in addition to any other benefit available under this part, 
the Secretary of Education shall carry out a program in accordance with 
this Act to forgive up to a total of $25,000 of the outstanding balance 
of interest and principal due on the applicable eligible Federal 
student loans of borrowers who are children or spouses of eligible 
public safety officers.
    ``(b) Method of Loan Forgiveness.--Subject to subsection (c), in 
carrying out the loan forgiveness program required under subsection 
(a), as soon as practicable after the Secretary of Education has 
confirmed that an applicant is a child or spouse of an eligible public 
safety officer who is a borrower of an eligible Federal student loan, 
the Secretary of Education shall--
            ``(1) through the holder of a loan, assume the obligation 
        to repay the outstanding balance of interest and principal due 
        (and any other amounts due, including any other costs or fees 
        assessed) on the applicable eligible Federal student loans of 
        the borrower made, insured, or guaranteed under part B of title 
        IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et 
        seq.), or, if the holder of the loan is the Secretary, cancel 
        such outstanding balance;
            ``(2) cancel the outstanding balance of interest and 
        principal due (and any other amounts due, including any other 
        costs or fees assessed) on the applicable eligible Federal 
        student loans of the borrower made under part E of such title; 
        and
            ``(3) through the holder of a loan, assume the obligation 
        to repay the outstanding balance of interest and principal due 
        (and any other amounts due, including any other costs or fees 
        assessed) on the applicable eligible Federal student loans of 
        the borrower made, insured, or guaranteed under part D of such 
        title, or, if the holder of the loan is the Secretary, cancel 
        such outstanding balance.
    ``(c) Maximum Amount of Forgiveness.--The total amount of 
forgiveness received by a borrower under this section may not exceed 
$25,000 with respect to all eligible Federal student loans of the 
borrower.
    ``(d) Repayment Refunds Prohibited.--Nothing in this section shall 
be construed to authorize any refunding of any eligible Federal student 
loan repayment made before the date a borrower's loans are forgiven in 
accordance with this section.
    ``(e) Exclusion From Taxable Income.--The amount of a borrower's 
eligible Federal student loans forgiven under this section shall not be 
included in the gross income of the borrower for purposes of the 
Internal Revenue Code of 1986.
    ``(f) Definitions.--In this section--
            ``(1) the term `eligible Federal student loan' means any 
        loan made, insured, or guaranteed under part B, part D, or part 
        E of title IV of the Higher Education Act of 1965, including a 
        consolidation loan under such title; and
            ``(2) the term `eligible public safety officer' means a 
        public safety officer, as defined in section 1204 of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796b), who is determined to have died or become 
        permanently and totally disabled as the direct and proximate 
        result of a personal injury sustained in the line of duty, 
        subject to the limitations on such a determination made under 
        subpart 1.''.
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