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H.R. 7100 (117th): They Had Our Back We Have Theirs Act of 2022

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The text of the bill below is as of Mar 16, 2022 (Introduced). The bill was not enacted into law.

I

117th CONGRESS

2d Session

H. R. 7100

IN THE HOUSE OF REPRESENTATIVES

March 16, 2022

(for herself, Mr. Sessions, Mr. Weber of Texas, Mr. McKinley, Mr. Ellzey, Mr. Rodney Davis of Illinois, Mr. Garbarino, Ms. Mace, Mr. Higgins of Louisiana, and Mr. Owens) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

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.

1.

Short title

This Act may be cited as the They Had Our Back We Have Theirs Act of 2022.

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:

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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