H.R. 6138House109th Congress (2005-2007)Enacted

Third Higher Education Extension Act of 2006

Sponsored by Ric KellerRep. Ric Keller (R-FL)
Introduced September 21, 2006

Legislative Activity

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13 earlier actions
Became Law Latest Action

Became Public Law No: 109-292.

September 30, 2006

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HouseIntro Referral

Introduced in House

September 21, 2006

HouseIntro Referral

Referred to the House Committee on Education and the Workforce.

September 21, 2006

HouseFloor

Mr. Keller moved to suspend the rules and pass the bill, as amended.

September 27, 2006 • 8:00 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H7605-7609)

September 27, 2006 • 8:00 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 6138.

September 27, 2006 • 8:00 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H7605-7606)

September 27, 2006 • 8:22 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7605-7606)

September 27, 2006 • 8:22 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 27, 2006 • 8:22 PM

SenateIntro Referral

Received in the Senate, read twice.

September 28, 2006

SenateFloor

Passed Senate without amendment by Unanimous Consent. (consideration: CR 9/29/2006 S10770)

September 30, 2006

SenateFloor

Message on Senate action sent to the House.

September 30, 2006

President

Presented to President.

September 30, 2006

Became Law

Signed by President.

September 30, 2006

Became Law

Became Public Law No: 109-292.

September 30, 2006

Floor Debate

11 members

What members said about H.R. 6138 on the floor

5 Republicans6 Democrats
Ric Keller
Rep. Ric KellerR-FL-8 · Sep 27, 2006

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6138) to temporarily extend the programs under the Higher Education Act of 1965, and for other purposes, as amended. Mr. Speaker, I…

Howard P. "Buck" McKeon
Rep. Howard P. "Buck" McKeonR-CA-25 · Sep 27, 2006

I thank the gentleman for yielding. Mr. Speaker, I rise in strong support of H.R. 6138, a measure to extend the programs under the Higher Education Act that are set to expire at the end of this…

Curt Weldon
Rep. Curt WeldonR-PA-7 · Sep 27, 2006

Mr. Speaker, I am concerned by the inclusion of provisions in this bill related to eligible trustee relationships with eligible institutions and the negative implications that these provisions will…

Dale E. Kildee
Rep. Dale E. KildeeD-MI-5 · Sep 27, 2006

Mr. Speaker, I yield myself such time as I may consume, and I rise today in support of the Higher Education Extension Act. First, I would like to recognize that there are items in here that we all…

Debbie Wasserman Schultz
Rep. Debbie Wasserman SchultzD-FL-20 · Sep 27, 2006

Mr. Speaker, while I intend to cast my vote in support of the Higher Education Act extension, I am extremely concerned about the unintended consequences on students at Nova Southeastern University in…

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Ruben Hinojosa
Rep. Ruben HinojosaD-TX-15 · Sep 27, 2006

Mr. Speaker, I rise to support H.R. 6138, the third extension of the Higher Education Act. Although I would prefer that we would consider a conference report to complete the reauthorozation of the…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Sep 27, 2006

Mr. Speaker, I rise today in support of H.R. 6138, a bill intended to extend the programs under the Higher Education Act of 1965. The Higher Education Act--HEA--authorizes the major Federal student…

Timothy H. Bishop
Rep. Timothy H. BishopD-NY-1 · Sep 27, 2006

Mr. Speaker, almost 3 months ago to the day, I stood in this exact spot and spoke on the extension to the Higher Education Act, as I have done for each of the past four extensions, each time hoping…

Carolyn McCarthy
Rep. Carolyn McCarthyD-NY-4 · Sep 27, 2006

Mr. Speaker, I rise in strong support of the Higher Education extension. I am pleased to see that it includes bipartisan language that provides student loan forgiveness to the spouses of first…

Michael B. Enzi
Sen. Michael B. EnziR-WY · Sep 29, 2006

Mr. President, I rise today to encourage my colleagues to pass H.R. 6138, which would provide for a temporary extension of the Higher Education Act of 1965 by extending its provisions through June…

William H. Frist
Sen. William H. FristR-TN · Sep 29, 2006

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 6138, which was received from the House. Mr. President, I ask unanimous consent that the bill be…

Bill Text

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One Hundred Ninth Congress of the United States of America

At the Second Session

Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and six

H. R. 6138

AN ACT

To temporarily extend the programs under the Higher Education Act of 1965, and for other purposes.

1.

Short title

This Act may be cited as the Third Higher Education Extension Act of 2006.

2.

Extension of programs

Section 2(a) of the Higher Education Extension Act of 2005 (P.L. 109–81; 20 U.S.C. 1001 note) is amended by striking September 30, 2006 and inserting June 30, 2007.

3.

Eligible lender trustee relationships with eligible institutions

(a)

Amendment

Section 435(d) of the Higher Education Act of 1965 (20 U.S.C. 1085(d)) is amended by adding at the end the following new paragraph:

(7)

Eligible lender trustees

Notwithstanding any other provision of this subsection, an eligible lender may not make or hold a loan under this part as trustee for an institution of higher education, or for an organization affiliated with an institution of higher education, unless—

(A)

the eligible lender is serving as trustee for that institution or organization as of the date of enactment of the Third Higher Education Extension Act of 2006 under a contract that was originally entered into before the date of enactment of such Act and that continues in effect or is renewed after such date; and

(B)

the institution or organization, and the eligible lender, with respect to its duties as trustee, each comply on and after January 1, 2007, with the requirements of paragraph (2), except that—

(i)

the requirements of clauses (i), (ii), (vi), and (viii) of paragraph (2)(A) shall, subject to clause (ii) of this subparagraph, only apply to the institution (including both an institution for which the lender serves as trustee and an institution affiliated with an organization for which the lender serves as trustee);

(ii)

in the case of an organization affiliated with an institution—

(I)

the requirements of clauses (iii) and (v) of paragraph (2)(A) shall apply to the organization; and

(II)

the requirements of clause (viii) of paragraph (2)(A) shall apply to the institution or the organization (or both), if the institution or organization receives (directly or indirectly) the proceeds described in such clause;

(iii)

the requirements of clauses (iv) and (ix) of paragraph (2)(A) shall not apply to the eligible lender, institution, or organization; and

(iv)

the eligible lender, institution, and organization shall ensure that the loans made or held by the eligible lender as trustee for the institution or organization, as the case may be, are included in a compliance audit in accordance with clause (vii) of paragraph (2)(A).

.

(b)

Effective Date

The amendment made by subsection (a) shall not apply with respect to any loan under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) disbursed before January 1, 2007.

4.

Hispanic-Serving Institutions

(a)

Definition Changes

Section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)) is amended—

(1)

in paragraph (5)—

(A)

by inserting and after the semicolon at the end of subparagraph (A);

(B)

in subparagraph (B)—

(i)

by striking at the time of application,; and

(ii)

by inserting at the end of the award year immediately preceding the date of application after Hispanic students;

(C)

by striking ; and at the end of subparagraph (B) and inserting a period; and

(D)

by striking subparagraph (C); and

(2)

by striking paragraph (7).

(b)

Wait-out Period Eliminated

Section 504(a) of such Act (20 U.S.C. 1101c(a)) is amended to read as follows:

(a)

Award Period

The Secretary may award a grant to a Hispanic-serving institution under this title for 5 years.

.

5.

Guaranty agency account maintenance fees

Section 458(b) of the Higher Education Act of 1965 (20 U.S.C. 1087h(b)) is amended by striking shall not exceed and inserting shall be calculated on.

6.

Cancellation of student loan indebtedness for survivors of victims of the September 11, 2001, attacks

(a)

Definitions

For purposes of this section:

(1)

Eligible public servant

The term eligible public servant means an individual who, as determined in accordance with regulations of the Secretary—

(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.

(2)

Eligible victim

The term eligible victim means an individual who, as determined in accordance with regulations of the Secretary, died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001.

(3)

Eligible parent

The term eligible parent 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 eligible victim.

(4)

Secretary

The term Secretary means the Secretary of Education.

(5)

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.

(b)

Relief From Indebtedness

(1)

In general

The Secretary shall provide for the discharge or cancellation of—

(A)

the Federal student loan indebtedness of the spouse of an eligible public servant, as determined in accordance with regulations of the Secretary, including any consolidation loan that was used jointly by the eligible public servant and his or her spouse to repay the Federal student loans of the spouse and the eligible public servant;

(B)

the portion incurred on behalf of the eligible victim (other than an eligible public servant), of a Federal student loan that is a consolidation loan that was used jointly by the eligible victim and his or her spouse, as determined in accordance with regulations of the Secretary, to repay the Federal student loans of the eligible victim and his or her spouse;

(C)

the portion of the consolidation loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim; and

(D)

the PLUS loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim.

(2)

Method of discharge or cancellation

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 applications 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 section 437 of the General Education Provisions Act (20 U.S.C. 1232); and

(2)

take such actions as may be necessary to publicize the availability of discharge or cancellation of Federal student loan indebtedness 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 indebtedness of deceased or disabled individuals shall be available for making payments under section 437(a) to lenders of loans as required by this section.

(e)

Applicable to Outstanding Debt

The provisions of this section shall be applied to discharge or cancel only Federal student loans (including consolidation loans) on which amounts were owed on September 11, 2001, except that nothing in this section shall be construed to authorize any refunding of any repayment of a loan.

(f)

Deadlines and Procedures

Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098(a)) shall not apply to any regulations required by this section.

7.

Rule of construction

Nothing in this Act, or in the Higher Education Extension Act of 2005 as amended by this Act, shall be construed to limit or otherwise alter the authorizations of appropriations for, or the durations of, programs contained in the amendments made by the Higher Education Reconciliation Act of 2005 (P.L. 109–171) to the provisions of the Higher Education Act of 1965 and the Taxpayer-Teacher Protection Act of 2004.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.