I 
108TH CONGRESS 
1ST SESSION H. R. 1955
To amend the Higher Education Act of 1965 to allow soldiers to serve 
their country without being disadvantaged financially by Federal student 
aid programs. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 6, 2003
Mr. MCINTYRE (for himself, Mr. RYAN of Ohio, Mr. EVANS, Mr. WILSON of 
South Carolina, Mr. BOSWELL, and Mr. LEACH) introduced the following 
bill; which was referred to the Committee on Education and the Work-
force 
A BILL 
To amend the Higher Education Act of 1965 to allow sol-
diers to serve their country without being disadvantaged 
financially by Federal student aid programs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness for America’s 
Servicemen and Women in Higher Education Act of 
2003’’.
SEC. 2. REFUND POLICY. 
Section 484B(b)(2) of the Higher Education Act of 
1965 (20 U.S.C. 1091b(b)(2)) is amended by adding at 
the end the following: 
‘‘(D) STUDENTS ON ACTIVE DUTY DURING 
A WAR OR NATIONAL EMERGENCY.—Notwith-
standing subparagraphs (A), (B), and (C), a 
student who withdraws from an institution of 
higher education to serve on active duty during 
a war or national emergency shall not be re-
quired to repay any grant assistance that is 
otherwise required to be repayed under this sec-
tion.’’. 
SEC. 3. DEFERMENT DURING ACTIVE DUTY. 
(a) 
FFEL 
SUBSIDIZED
LOANS.—Section 
428(b)(1)(M) of the Higher Education Act of 1965 (20 
U.S.C. 1078(b)(1)(M)) is amended—
(1) in clause (ii), by striking ‘‘or’’ after the 
semicolon; 
(2) in clause (iii), by inserting ‘‘or’’ after the 
semicolon; and 
(3) by inserting after clause (iii) the following: 
‘‘(iv) during which the borrower—
‘‘(I) is a member of a regular 
component on active duty during a 
war or during a national emergency
declared by the President or Congress, 
and receives compensation described 
in section 112(a) of the Internal Rev-
enue Code of 1986; 
‘‘(II) is on active duty under sec-
tion 
688, 
12301(a), 
12301(d), 
12301(g), 
12302, 
12304, 
12306, 
12307, or 12406, or chapter 15 of 
title 10, United States Code, or any 
other provision of law, during a war 
or during a national emergency de-
clared by the President or Congress, 
regardless of the location at which 
such active duty service is performed; 
or 
‘‘(III) in the case of a member of 
the National Guard, is 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 12402 of title 10, 
United States Code, or section 502(f)
of title 32, United States Code, for 
purposes of responding to a national 
emergency declared by the President 
and supported by Federal funds.’’. 
(b) DIRECT SUBSIDIZED LOANS.—Section 455(f)(2) 
of such Act (20 U.S.C. 1087e(f)(2)) is amended—
(1) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; and’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(D) during which the borrower—
‘‘(i) is a member of a regular compo-
nent on active duty during a war or during 
a national emergency declared by the 
President or Congress, and receives com-
pensation described in section 112(a) of 
the Internal Revenue Code of 1986; 
‘‘(ii) is on active duty under section 
688, 
12301(a), 
12301(d), 
12301(g), 
12302, 12304, 12306, 12307, or 12406, or 
chapter 15 of title 10, United States Code, 
or any other provision of law, during a war 
or during a national emergency declared by 
the President or Congress, regardless of
the location at which such active duty serv-
ice is performed; or 
‘‘(iii) in the case of a member of the 
National Guard, is 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 12402 of title 10, 
United States Code, or section 502(f) of 
title 32, United States Code, for purposes 
of responding to a national emergency de-
clared by the President and supported by 
Federal funds.’’. 
(c) 
CONSOLIDATION
LOANS.—Section 
428C(b)(4)(C)(ii) of the Higher Education Act of 1965 
(20 U.S.C. 1078–3(b)(4)(C)(ii)) is amended—
(1) in subclause (II), by striking ‘‘or’’ after the 
semicolon; 
(2) in subclause (III), by striking ‘‘or (II)’’ and 
inserting ‘‘, (II) or (III)’’; 
(3) by redesignating subclause (III) (as so 
amended) as subclause (IV); and
(4) by inserting after subclause (II) the fol-
lowing: 
‘‘(III) by the Secretary, in the case of a 
consolidation loan of a student who is on an ac-
tive 
duty 
deferment 
under 
section 
428(b)(1)(M)(iv); or’’. 
(d) FFEL UNSUBSIDIZED LOANS.—Section 428H(e) 
of the Higher Education Act of 1965 (20 U.S.C. 1078–
8(e)) is amended by adding at the end the following: 
‘‘(C) Notwithstanding subparagraph (A), inter-
est on loans made under this section for which pay-
ments of principal are deferred because the student 
is on an active duty deferment under section 
428(b)(1)(M)(iv) shall be paid by the Secretary.’’. 
(e) DIRECT UNSUBSIDIZED LOANS.—Section 455(f) 
of such Act (20 U.S.C. 1087e(f)) is amended by adding 
at the end the following: 
‘‘(5) 
INTEREST
DURING
ACTIVE
DUTY 
DEFERMENTS.—Notwithstanding paragraph (1)(B), 
interest on loans under this part for which payments 
of principal are deferred because the student is on 
an active duty deferment under paragraph (2)(D) 
shall be paid by the Secretary.’’.
(f) PERKINS LOANS.—Section 464(c)(2)(A) of the 
Higher 
Education 
Act 
of 
1965 
(20 
U.S.C. 
1087dd(c)(2)(A)) is amended—
(1) in clause (iii), by striking ‘‘or’’ after the 
semicolon; 
(2) in clause (iv), by inserting ‘‘or’’ after the 
semicolon; and 
(3) by inserting after clause (iv) the following: 
‘‘(v) during which the borrower—
‘‘(I) is a member of a regular 
component on active duty during a 
war or during a national emergency 
declared by the President or Congress, 
and receives compensation described 
in section 112(a) of the Internal Rev-
enue Code of 1986; 
‘‘(II) is on active duty under sec-
tion 
688, 
12301(a), 
12301(d), 
12301(g), 
12302, 
12304, 
12306, 
12307, or 12406, or chapter 15 of 
title 10, United States Code, or any 
other provision of law, during a war 
or during a national emergency de-
clared by the President or Congress, 
regardless of the location at which
such active duty service is performed; 
or 
‘‘(III) in the case of a member of 
the National Guard, is 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 12402 of title 10, 
United States Code, or section 502(f) 
of title 32, United States Code, for 
purposes of responding to a national 
emergency declared by the President 
and supported by Federal funds.’’. 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to loans for which the 
first disbursement is made on or after July 1, 1993, to 
an individual who is a new borrower (within the meaning 
of section 103 of the Higher Education Act of 1965 (20 
U.S.C. 1003)) on or after such date.
Æ