[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3086 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3086
To provide the Secretary of Education with specific waiver authority to
respond to conditions in the national emergency declared by the
President of the United States on September 14, 2001.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 11, 2001
Mr. McKeon (for himself, Mr. Boehner, Mr. George Miller of California,
Mr. Armey, Mr. Watts of Oklahoma, Mr. Gephardt, Mr. Petri, Mr. Kildee,
Mr. Hoekstra, Mr. Owens, Mr. Castle, Mr. Payne, Mr. Greenwood, Mrs.
Mink of Hawaii, Mr. Graham, Mr. Andrews, Mr. Hilleary, Mr. Scott, Mr.
Ehlers, Ms. Woolsey, Mr. Fletcher, Ms. Rivers, Mr. Isakson, Mr.
Hinojosa, Mr. Goodlatte, Mrs. McCarthy of New York, Mrs. Biggert, Mr.
Tierney, Mr. Platts, Mr. Ford, Mr. Tiberi, Mr. Kucinich, Mr. Keller,
Mr. Wu, Mr. Osborne, Mr. Holt, Ms. Solis, Mrs. Davis of California, Ms.
McCollum, Mr. Baker, Mr. Berman, Mr. Bilirakis, Mr. Boehlert, Mr.
Buyer, Mr. Calvert, Mr. Crenshaw, Mr. Cunningham, Mr. Dreier, Mr.
Evans, Mr. Filner, Mr. Forbes, Mr. Hall of Texas, Ms. Harman, Mr.
Herger, Mr. Hunter, Mr. Jones of North Carolina, Mr. King, Mr. Kirk,
Mr. Quinn, Mr. Sabo, Mr. Shows, Mr. Simpson, Mr. Skelton, Mr. Smith of
New Jersey, Mr. Snyder, Mr. Stump, Mr. Taylor of Mississippi, Mr.
Turner, Mr. Underwood, Mr. Walsh, Ms. Waters, and Mr. Waxman)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
_______________________________________________________________________
A BILL
To provide the Secretary of Education with specific waiver authority to
respond to conditions in the national emergency declared by the
President of the United States on September 14, 2001.
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 ``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 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 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 such provisions 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, in order to
ease the burden on such borrowers, and to avoid
inadvertent, technical violations or defaults;
(C) the terms ``annual adjusted family income'' and
``available income'', as used in the determination of
need for student financial assistance under title IV of
the Act for any such affected individual (and the
determination of such need for his or her spouse and
dependents, if applicable), are 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 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 Act that are located in 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 deadlines.
(b) Notice of Waivers or Modifications.--Notwithstanding 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. Such notice shall include the
terms and conditions to be applied in lieu of such statutory and
regulatory provisions. 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 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 such
waiver or modification on affected individuals and the programs under
Title IV, 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 Act.
SEC. 3. TUITION REFUNDS OR CREDITS.
(a) Sense of Congress.--It is the sense of the 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 service; and
(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 requirements and should provide the greatest
flexibility possible with administrative deadlines related to
those applications.
(b) Definition.--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. GUIDANCE ON USE OF PROFESSIONAL JUDGMENT.
At the time of publishing any waivers or modifications pursuant to
section 2(b), the Secretary shall publish guidance on which
institutions may rely 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
individuals.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) 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.
(2) 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.
(3) The term ``affected individual'' means an individual
who--
(A) is serving on active duty during the national
emergency;
(B) 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
(C) suffered direct economic hardship as a direct
result of the national emergency, as determined under a
waiver or modification issued under this Act.
(4) Individuals serving on active duty during the national
emergency shall include--
(A) any 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.
(5) 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.
(6) The term ``the Act'' means the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.).
SEC. 6. TERMINATION OF AUTHORITY.
The provisions of this Act shall cease to be effective on September
30, 2003.
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