| Home > 107th Congressional Public Laws > Pub.L. 107-123 To amend the Securities <> Exchange Act of 1934 to reduce fees collected by the Securities and Exchange Commission, and for other purposes. ...
Pub.L. 107-123 To amend the Securities <> Exchange Act of 1934 to reduce fees collected by the Securities and Exchange Commission, and for other purposes. ...
HIGHER EDUCATION RELIEF OPPORTUNITIES FOR STUDENTS ACT OF 2001
[[Page 115 STAT. 2386]]
Public Law 107-122
To provide the Secretary of Education with specific waiver authority to
respond to conditions in the national emergency <<NOTE: Jan. 15,
2002 - [S. 1793]>> declared by the President on September 14, 2001.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Higher Education
Relief Opportunities for Students Act of 2001. 20 USC 1070 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Relief Opportunities
for Students Act of 2001''.
SEC. 2. WAIVER AUTHORITY FOR RESPONSE TO NATIONAL EMERGENCY.
(a) Waivers and Modifications.--
(1) In general.--Notwithstanding any other provision of law,
unless enacted with specific reference to this section, the
Secretary of Education (referred to in this Act as the
``Secretary'') may waive or modify any statutory or regulatory
provision applicable to the student financial aid programs under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) as the Secretary deems necessary in connection with the
national emergency to provide the waivers or modifications
authorized by paragraph (2).
(2) Actions authorized.--The Secretary is authorized to
waive or modify any provision described in paragraph (1) as may
be necessary to ensure that--
(A) borrowers of Federal student loans who are
affected individuals are not placed in a worse position
financially in relation to those loans because of their
status as affected individuals;
(B) administrative requirements placed on affected
individuals who are borrowers of Federal student loans
are minimized, to the extent possible without impairing
the integrity of the student loan programs, to ease the
burden on such borrowers and avoid inadvertent,
technical violations or defaults;
(C) the calculation of ``annual adjusted family
income'' and ``available income'', as used in the
determination of need for student financial assistance
under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) for any such affected individual
(and the determination of such need for his or her
spouse and dependents, if applicable), may be modified
to mean the sums received in the first calendar year of
the award year for which such determination is made, in
order to reflect more
[[Page 115 STAT. 2387]]
accurately the financial condition of such affected
individual and his or her family; and
(D) institutions of higher education, eligible
lenders, guaranty agencies, and other entities
participating in the student assistance programs under
title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) that are located in, or whose operations
are directly affected by, areas that are declared
disaster areas by any Federal, State, or local official
in connection with the national emergency may be granted
temporary relief from requirements that are rendered
infeasible or unreasonable by the national emergency,
including due diligence requirements and reporting
(b) Notice of Waivers or Modifications.--
(1) In general.--Notwithstanding <<NOTE: Federal Register,
publication.>> section 437 of the General Education Provisions
Act (20 U.S.C. 1232) and section 553 of title 5, United States
Code, the Secretary shall, by notice in the Federal Register,
publish the waivers or modifications of statutory and regulatory
provisions the Secretary deems necessary to achieve the purposes
of this section.
(2) Terms and conditions.--The notice under paragraph (1)
shall include the terms and conditions to be applied in lieu of
such statutory and regulatory provisions.
(3) Case-by-case basis.--The Secretary is not required to
exercise the waiver or modification authority under this section
on a case-by-case basis.
(c) Impact Report.--The Secretary <<NOTE: Deadline.>> shall, not
later than 15 months after first exercising any authority to issue a
waiver or modification under subsection (a), report to the Committee on
Education and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor and Pensions of the Senate on the
impact of any waivers or modifications issued pursuant to subsection (a)
on affected individuals and the programs under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.), and the basis for such
determination, and include in such report the Secretary's
recommendations for changes to the statutory or regulatory provisions
that were the subject of such waiver or modification.
(d) No Delay in Waivers and Modifications.--Sections 482(c) and 492
of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not
apply to the waivers and modifications authorized or required by this
SEC. 3. TUITION REFUNDS OR CREDITS FOR MEMBERS OF ARMED FORCES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) all institutions offering postsecondary education should
provide a full refund to students who are members of the Armed
Forces serving on active duty during the national emergency, for
that portion of a period of instruction such student was unable
to complete, or for which such individual did not receive
academic credit, because he or she was called up for such
(2) if affected individuals withdraw from a course of study
as a result of such service, such institutions should make every
effort to minimize deferral of enrollment or reapplication
[[Page 115 STAT. 2388]]
requirements and should provide the greatest flexibility
possible with administrative deadlines related to those
(b) Definition of Full Refund.--For purposes of this section, a full
refund includes a refund of required tuition and fees, or a credit in a
comparable amount against future tuition and fees.
SEC. 4. USE OF PROFESSIONAL JUDGMENT.
At the time of publishing any waivers or modifications pursuant to
section 2(b), the Secretary shall publish examples of measures that
institutions may take in the appropriate exercise of discretion under
section 479A of the Higher Education Act of 1965 (20 U.S.C. 1087tt) to
adjust financial need and aid eligibility determinations for affected
SEC. 5. DEFINITIONS.
In this Act:
(1) Active duty.--The term ``active duty'' has the meaning
given such term in section 101(d)(1) of title 10, United States
Code, except that such term does not include active duty for
training or attendance at a service school.
(2) Affected individual.--The term ``affected individual''
means an individual who--
(A) is serving on active duty during the national
(B) is serving on National Guard duty during the
(C) resides or is employed in an area that is
declared a disaster area by any Federal, State, or local
official in connection with the national emergency; or
(D) suffered direct economic hardship as a direct
result of the national emergency, as determined under a
waiver or modification issued under this Act.
(3) Federal student loan.--The term ``Federal student loan''
means a loan made, insured, or guaranteed under part B, D, or E
of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq., 20 U.S.C. 1087a et seq., and 20 U.S.C. 1087aa et seq.).
(4) National emergency.--The term ``national emergency''
means the national emergency by reason of certain terrorist
attacks declared by the President on September 14, 2001, or
subsequent national emergencies declared by the President by
reason of terrorist attacks.
(5) Serving on active duty during the national emergency.--
The term ``serving on active duty during the national
emergency'' shall include service by an individual who is--
(A) a Reserve of an Armed Force ordered to active
duty under section 12301(a), 12301(g), 12302, 12304, or
12306 of title 10, United States Code, or any retired
member of an Armed Force ordered to active duty under
section 688 of such title, for service in connection
with such emergency or subsequent actions or conditions,
regardless of the location at which such active duty
service is performed; and
(B) any other member of an Armed Force on active
duty in connection with such emergency or subsequent
actions or conditions who has been assigned to a duty
station at a location other than the location at which
such member is normally assigned.
[[Page 115 STAT. 2389]]
(6) Serving on national guard duty during the national
emergency.--The term ``serving on National Guard duty during the
national emergency'' shall include performing training or other
duty authorized by section 502(f) of title 32, United States
Code, as a member of the National Guard, at the request of the
President, for or in support of an operation during the national
SEC. 6. TERMINATION OF AUTHORITY.
The provisions of this Act shall cease to be effective on September
Approved January 15, 2002.
LEGISLATIVE HISTORY--S. 1793 (H.R. 3086):
CONGRESSIONAL RECORD, Vol. 147 (2001):
Dec. 14, considered and passed Senate.
Dec. 19, 20, considered and passed House.
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107th Congressional Public Laws Records and Documents
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