Higher Education Relief Opportunities for Students Act of 2003
PL 108-76 (H.R.1412), enacted 08/18/2003

117 STAT. 904
PUBLIC LAW 108–76—AUG. 18, 2003
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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS; REFERENCE.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Higher Edu-
cation 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 postsec-
ondary 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 ref-
erences to the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).
SEC. 2. WAIVER AUTHORITY FOR RESPONSE TO MILITARY CONTIN-
GENCIES 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 ‘‘Sec-
retary’’) may waive or modify any statutory or regulatory provi-
sion 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).
20 USC 1070
note.
20 USC 1070
note.
Higher Education
Relief
Opportunities for
Students Act of
2003.
Aug. 18, 2003
[H.R. 1412]
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00930
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 905
PUBLIC LAW 108–76—AUG. 18, 2003
(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 assist-
ance 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 indi-
vidual 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 stu-
dent’s file, and (ii) the amount of any overpayment dis-
charged; 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 dili-
gence requirements and reporting deadlines.
(b) NOTICE OF WAIVERS OR MODIFICATIONS.—
(1) IN GENERAL.—Notwithstanding section 437 of the Gen-
eral 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 modifica-
tions 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
Deadline.
Federal Register,
publication.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00931
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 906
PUBLIC LAW 108–76—AUG. 18, 2003
modification under subsection (a), report to the Committee on Edu-
cation 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 pursu-
ant 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. 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. 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. 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 emer-
gency;
(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
20 USC 1070
note.
20 USC 1070
note.
20 USC 1070
note.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00932
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 907
PUBLIC LAW 108–76—AUG. 18, 2003
(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 ‘‘quali-
fying 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 consecu-
tive 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.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00933
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1
117 STAT. 908
PUBLIC LAW 108–76—AUG. 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.
SEC. 6. TERMINATION OF AUTHORITY.
The provisions of this Act shall cease to be effective at the
close of September 30, 2005.
Approved August 18, 2003.
20 USC 1070
note.
VerDate 11-MAY-2000
13:45 Aug 26, 2004
Jkt 019194
PO 00000
Frm 00934
Fmt 6580
Sfmt 6580
D:\STATUTES\2003\19194PT1.001
APPS10
PsN: 19194PT1