    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 904]]

    Public Law 108-76
    108th Congress

    An Act

    To provide the Secretary of Education with specific waiver authority to
    respond to a war or other military operation or national
    emergency. [NOTE: Aug. 18, 2003 -  [H.R. 1412]]

    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 2003.]

    SECTION 1. [NOTE: 20 USC 1070 note.] SHORT TITLE; FINDINGS; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Higher Education
    Relief Opportunities for Students Act of 2003''.
    (b) Findings.--The Congress finds the following:
    (1) There is no more important cause than that of our
    nation's defense.
    (2) The United States will protect the freedom and secure
    the safety of its citizens.
    (3) The United States military is the finest in the world
    and its personnel are determined to lead the world in pursuit of
    peace.
    (4) Hundreds of thousands of Army, Air Force, Marine Corps,
    Navy, and Coast Guard reservists and members of the National
    Guard have been called to active duty or active service.
    (5) The men and women of the United States military put
    their lives on hold, leave their families, jobs, and
    postsecondary education in order to serve their country and do
    so with distinction.
    (6) There is no more important cause for this Congress than
    to support the members of the United States military and provide
    assistance with their transition into and out of active duty and
    active service.

    (c) Reference.--References in this Act to ``the Act'' are references
    to the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

    SEC. 2. [NOTE: 20 USC 1070 note.] WAIVER AUTHORITY FOR RESPONSE TO
    MILITARY CONTINGENCIES AND NATIONAL EMERGENCIES.

    (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 assistance
    programs under title IV of the Act as the Secretary deems
    necessary in connection with a war or other military operation
    or national emergency to provide the waivers or modifications
    authorized by paragraph (2).

    [[Page 905]]

    117 STAT. 905

    (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) recipients of student financial assistance under
    title IV of the Act who are affected individuals are not
    placed in a worse position financially in relation to
    that financial assistance because of their status as
    affected individuals;
    (B) administrative requirements placed on affected
    individuals who are recipients of student financial
    assistance are minimized, to the extent possible without
    impairing the integrity of the student financial
    assistance programs, to ease the burden on such students
    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 Act 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;
    (D) the calculation under section 484B(b)(2) of the
    Act (20 U.S.C. 1091b(b)(2)) of the amount a student is
    required to return in the case of an affected individual
    may be modified so that no overpayment will be required
    to be returned or repaid if the institution has
    documented (i) the student's status as an affected
    individual in the student's file, and (ii) the amount of
    any overpayment discharged; and
    (E) 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 a national emergency, or
    whose operations are significantly affected by such a
    disaster, may be granted temporary relief from
    requirements that are rendered infeasible or
    unreasonable by a national emergency, including due
    diligence requirements and reporting deadlines.

    (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 [NOTE: Deadline.] Report.--The Secretary shall, not
    later than 15 months after first exercising any authority to issue a
    waiver or

    [[Page 906]]

    117 STAT. 906

    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 Act, 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. [NOTE: 20 USC 1070 note.] 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 affected individuals
    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 active duty
    or active service; and
    (2) if affected individuals withdraw from a course of study
    as a result of such active duty or active 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.

    SEC. 4. [NOTE: 20 USC 1070 note.] USE OF PROFESSIONAL JUDGMENT.

    A financial aid administrator shall be considered to be making a
    necessary adjustment in accordance with section 479A(a) of the Act if
    the administrator makes adjustments with respect to the calculation of
    the expected student or parent contribution (or both) of an affected
    individual, and adequately documents the need for the adjustment.

    SEC. 5. [NOTE: 20 USC 1070 note.] 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 a war or other
    military operation or national emergency;
    (B) is performing qualifying National Guard duty
    during a war or other military operation or 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 a national emergency; or

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    117 STAT. 907

    (D) suffered direct economic hardship as a direct
    result of a war or other military operation or national
    emergency, as determined by the Secretary.
    (3) Military operation.--The term ``military operation''
    means a contingency operation as such term is defined in section
    101(a)(13) of title 10, United States Code.
    (4) National emergency.--The term ``national emergency''
    means a national emergency declared by the President of the
    United States.
    (5) Serving on active duty.--The term ``serving on active
    duty during a war or other military operation or 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 a war or other military operation or national
    emergency, 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 war, operation, or
    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) Qualifying national guard duty.--The term ``qualifying
    National Guard duty during a war or other military operation or
    national emergency'' means service as a member of the National
    Guard on full-time National Guard duty (as defined in section
    101(d)(5) of title 10, United States Code) under a call to
    active service authorized by the President or the Secretary of
    Defense for a period of more than 30 consecutive days under
    section 502(f) of title 32, United States Code, in connection
    with a war, another military operation, or a national emergency
    declared by the President and supported by Federal funds.

    [[Page 908]]

    117 STAT. 908

    SEC. 6. [NOTE: 20 USC 1070 note.] TERMINATION OF AUTHORITY.

    The provisions of this Act shall cease to be effective at the close
    of September 30, 2005.

    Approved August 18, 2003.

    LEGISLATIVE HISTORY--H.R. 1412:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 149 (2003):
    Apr. 1, considered and passed House.
    July 31, considered and passed Senate.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
    Aug. 18, Presidential statement.