Higher Education Relief Opportunities for Students Act of 2001
PL 107-122 (S.1793), enacted 01/15/2002

115 STAT. 2386 
PUBLIC LAW 107-122-^AN. 15, 2002 
Public Law 107-122 
107th Congress 
An Act 
Jan. 15, 2002 
[S. 1793] 
Higher Education 
Relief 
Opportunities for 
Students Act of 
2001. 
20 u s e 1070 
note. 
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 Rehef 
Opportunities for Students Act of 2001". 
SEC. 2. WAIVER AUTHORITY FOR RESPONSE TO NATIONAL EMER-
GENCY. 
(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 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 lo£in 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 
PUBLIC LAW 107-122-^AN. 15, 2002 
115 STAT. 2387 
accurately the financial condition of such affected indi-
vidual 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 emer-
gency 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 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 
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 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 emer-
gency, 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 
Federal Register, 
publication. 
Deadline. 
115 STAT. 2388 
PUBLIC LAW 107-122^JAN. 15, 2002 
requirements and should provide the greatest flexibiUty 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. 
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 emer-
gency; 
(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 EMER-
GENCY.—^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. 
« . • ' , 
A ; > ^ t-^q^ 
^ .;^^v 
PUBLIC LAW 107-122^JAN. 15, 2002 
115 STAT. 2389 
(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 Sep-
tember 30, 2003. 
Approved January 15, 2002. 
LEGISLATIVE HISTORY—S. 1793 (H.R. 3086): 
CONGRESSIONAL RECORD, Vol. 147 (2001): 
Dec. 14, considered and passed Senate. 
Dec. 19, 20, considered and passed House.