[Congressional Record Volume 147, Number 177 (Wednesday, December 19, 2001)]
[House]
[Pages H10891-H10892]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     HIGHER EDUCATION RELIEF OPPORTUNITIES FOR STUDENTS ACT OF 2001

  Mr. McKEON. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1793) to provide the Secretary of Education with 
specific waiver authority to respond to conditions in the national 
emergency declared by the President on September 14, 2001.
  The Clerk read as follows:

                                S. 1793

       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 (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 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 
     deadlines.
       (b) Notice of Waivers or Modifications.--
       (1) In general.--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.
       (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 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 Act.

     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 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 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.

[[Page H10892]]

     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 individuals.

     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 
     emergency;
       (B) is serving on National Guard duty during the national 
     emergency;
       (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.
       (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 emergency.

     SEC. 6. TERMINATION OF AUTHORITY.

       The provisions of this Act shall cease to be effective on 
     September 30, 2003.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. McKeon) and the gentleman from California (Mr. George 
Miller) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. McKeon).


                             general leave

  Mr. McKEON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on the Senate bill, S. 1793.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of S. 1793, the Higher Education 
Relief Opportunities for Students Act. This legislation is extremely 
important and will serve students in a number of ways. First, as my 
colleagues know, the House overwhelmingly passed H.R. 3086, its version 
of the bill, on October 23 by a vote of 415 to zero. We showed our 
commitment to those directly affected by the attacks of September 11, 
and now our colleagues in the Senate have shown that same commitment.
  It is important to ensure that the Secretary of Education has the 
ability to address the needs of students, their families, institutions 
of higher education, and loan providers as they relate to the events of 
September 11.
  The legislation before us is almost identical to the bill that this 
body passed previously, with one exception. This version of the HEROES 
legislation, as passed by our colleagues in the other body, makes clear 
that those individuals called to active duty in the National Guard in 
response to the national emergency called by the President would be 
included in those individuals eligible to participate in the regulatory 
relief provided by the Secretary of Education.
  As my colleagues know, under the bipartisan HEROES bill, the 
Education Secretary can grant waivers so that reservists leaving their 
jobs and families may be relieved from making student loan payments for 
a time. Victims' families may be relieved from receiving collection 
calls from lenders, and consecutive requirements for loan forgiveness 
programs may be considered uninterrupted.
  This legislation will provide relief for the men and women of our 
military who are defending the freedoms of this great Nation. As 
families send loved ones into harm's way, the Higher Education Relief 
Opportunities for Students Act will allow the Secretary of Education to 
reduce some of the effects of that disruption here at home.
  This bill is an indication of the Congress's commitment to our 
military and to our students and families, as well as to those on the 
front lines who make higher education accessible.
  I urge my colleagues to vote ``yes'' on this bill, renew the 
commitment they put forward just 2 short months ago, and let us move 
forward with the goal of assisting those affected by the tragedy of 
September 11.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  (Mr. GEORGE MILLER of California asked and was given permission to 
revise and extend his remarks.)
  Mr. GEORGE MILLER of California. Mr. Speaker, I am pleased to support 
the Higher Education Relief Opportunities Student Act of 2001, and I 
thank the gentleman from California (Mr. McKeon) for his hard work and 
the bipartisan spirit which he brought to this important bill.
  This act will give the Secretary of Education the authority to adjust 
the laws governing student aid programs, if necessary, in response to 
the September 11 attacks. It will allow the Secretary to ensure that 
members of the armed services and students are not punished financially 
by the attacks.
  We obviously support this legislation. I find it ironic that we are 
doing this piece of legislation, but we are not going to do the 
previous legislation under discussion to help these families who have 
been devastated by these attacks.
  Mr. Speaker, I yield back the balance of my time.
  Mr. McKEON. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. McKeon) that the House suspend the rules 
and pass the Senate bill, S. 1793.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. GEORGE MILLER of California. Mr. Speaker, I object to the vote on 
the ground that a quorum is not present and make the point of order 
that a quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8, rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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