Authorizes such waiver or modification of requirements in order to provide relief from certain financial and administrative burdens to affected individuals who: (1) are serving on active duty during the emergency; (2) reside or are employed in a disaster area declared by any Federal, State, or local official in connection with the emergency; or (3) suffered direct economic hardship as a direct result of the emergency, as determined under a waiver or modification issued under this Act. Authorizes waiver or modification of certain reporting requirements for institutions of higher education, lenders, guarantee agencies, and other entities participating in such programs, if such entities are located in declared disaster areas connected to the emergency.
Expresses the sense of Congress that institutions offering postsecondary education should provide refunds and waivers of certain requirements to students who are members of the Armed Forces serving on active duty during the national emergency.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1570 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1570
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 18, 2001
Ms. Collins (for herself, Mr. Gregg, Mr. Reed, Mr. Johnson, Mr.
Sessions, and Mr. Warner) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
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.
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), 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 Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) 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.--
(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.
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.
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) 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.
(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 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.
SEC. 6. TERMINATION OF AUTHORITY.
The provisions of this Act shall cease to be effective on September
30, 2003.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S10841-10842)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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