Higher Education Relief Opportunities For Students Act

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Higher Education Relief Opportunities For Students Act of 2001
Great Seal of the United States
Long titleAn act to provide the Secretary of Education with specific waiver authority to respond to a war or other military operation or national emergency.
Enacted bythe 107th United States Congress
Citations
Public law107-122
Codification
Acts amendedHigher Education Act of 1965
Legislative history
United States Supreme Court cases

The Higher Education Relief Opportunities For Students (HEROES) Act (Pub. L.Tooltip Public Law (United States) 108–76 (text) (PDF)) was legislation passed unanimously by the United States Congress and signed into law by President George W. Bush on January 15, 2002. It was extended and amended in 2003, extended in 2005, and made permanent in 2007.

The Act allows the U.S. Secretary of Education to grant waivers or relief to recipients of student financial aid programs under Title IV of the Higher Education Act of 1965, in connection with a war or other military operation or national emergency.[1] It allows waiving of statutory or regulatory requirements related to federal student loans for three categories of individuals: active-duty military or National Guard officials, those who reside or are employed in a declared disaster area, or those who have suffered direct economic hardship as a result of wars, military operations, or national emergencies.[2][3]

Extensions[edit]

The statute originally set the expiry date for the waiver authority on September 30, 2003. In 2003, Congress extended the expiry date to September 30, 2005 and made several amendments (Pub. L.Tooltip Public Law (United States) 108–76 (text) (PDF)). In 2005, Congress extended the expiry date to September 30, 2007 (Pub. L.Tooltip Public Law (United States) 109–78 (text) (PDF)). In 2007, Congress eliminated the expiry date, making the waiver authority permanent (Pub. L.Tooltip Public Law (United States) 110–93 (text) (PDF)). In each case, the extensions were passed unanimously by both chambers of Congress, except for one dissenting vote in the House in 2003.[4][5][6]

Use during the COVID-19 pandemic[edit]

During the national emergency declared due to the COVID-19 pandemic in the United States, the HEROES Act has been invoked several times.[7] In March 2020, the CARES Act passed by Congress included a pause on federal student loans repayments and interest until September 30, 2020.[8] On August 8, 2020, the Trump administration issued a memorandum instructing the Secretary of Education to pause on student loan payments and interest through December 31, 2020 using the authority granted by the HEROES Act.[9] On December 5, the administration extended the pause through January 31, 2021.[10] During 2021−22, the newly inaugurated Biden administration extended the pause several more times, announcing that a final extension would last through December 31, 2022.[11][12][13][14]

In October 2021, the Biden administration used the HEROES Act to reform a student debt forgiveness program for public workers.[15] In August 2022, the administration used the Act again to announce student debt cancellation of up to $20,000 and several other reforms.[7][16] Following litigation brought by several Republican-led state governments, the Supreme Court ruled in Biden v. Nebraska (2023) that the statute did not permit the administration's debt forgiveness program.[17]

References[edit]

Student loans in the U.S.
Regulatory framework
National Defense Education Act
Higher Education Act of 1965
HEROES Act
U.S. Dept. of Education · FAFSA
Cost of attendance · Expected Family Contribution
Distribution channels
Federal Direct Student Loan Program
Federal Family Education Loan Program
Loan products
Perkins · Stafford
PLUS · Consolidation Loans
Private student loans
  1. ^ "H.R.1412—108th Congress (2003-2004): Higher Education Relief Opportunities for Students Act of 2003". Congress.gov. 2003-08-18. Retrieved 2022-08-26.
  2. ^ Congressional Research Service (July 31, 2019). "Education-Related Regulatory Flexibilities, Waivers, and Federal Assistance in Response to Disasters and National Emergencies". CRS Report R42881. Retrieved 2022-09-07.
  3. ^ Congressional Research Service (April 16, 2020). "Federal Student Loan Debt Relief in the Context of COVID-19" (PDF). CRS Report R46314. Retrieved August 26, 2022.
  4. ^ "Higher Education Relief Opportunities for Students Act of 2003 (2003 - H.R. 1412)". GovTrack.us. Retrieved 2022-09-07.
  5. ^ "To extend the waiver authority of the Secretary of Education with respect to student financial assistance during a war or other military operation or national emergency. (2005 - H.R. 2132)". GovTrack.us. Retrieved 2022-08-27.
  6. ^ "To make permanent the waiver authority of the Secretary of Education with respect to student financial assistance during a war or other military operation or national emergency. (2007 - H.R. 3625)". GovTrack.us. Retrieved 2022-08-27.
  7. ^ a b Sherman, Mark (2022-08-24). "Legality of Joe Biden's Student Loan Plan Relies on Coronavirus Pandemic, 2003 HEROES Law". NBC New York. Retrieved 2022-08-26.
  8. ^ "CARES Act Student Loan Fact Sheet". National Council of State Legislatures. 2020-04-14. Retrieved 2022-08-26.
  9. ^ "Memorandum on Continued Student Loan Payment Relief During the COVID-19 Pandemic – The White House". trumpwhitehouse.archives.gov. 2020-08-08. Retrieved 2022-08-26.
  10. ^ Friedman, Zack (2020-12-05). "Trump: No Federal Student Loan Payments Through January 31, 2021". Forbes. Retrieved 2022-08-26.
  11. ^ "Biden Administration Extends Student Loan Pause Until January 31, 2022 | U.S. Department of Education". U.S. Department of Education, Press Office. 2021-08-06. Retrieved 2022-08-26.
  12. ^ "Biden-Harris Administration Extends Student Loan Pause Through May 1, 2022 | U.S. Department of Education". U.S. Department of Education, Press Office. 2021-12-22. Retrieved 2022-08-26.
  13. ^ "Biden-Harris Administration Extends Student Loan Pause Through August 31 | U.S. Department of Education". U.S. Department of Education, Press Office. 2022-04-06. Retrieved 2022-08-26.
  14. ^ "Biden-Harris Administration Announces Final Student Loan Pause Extension Through December 31 and Targeted Debt Cancellation to Smooth Transition to Repayment | U.S. Department of Education". U.S. Department of Education, Press Office. 2022-08-24. Retrieved 2022-08-26.
  15. ^ Cowley, Stacy; Green, Erica L. (2021-10-06). "Troubled Student Loan Forgiveness Program Gets an Overhaul". The New York Times. ISSN 0362-4331. Retrieved 2022-08-26.
  16. ^ Brown, Lisa (August 23, 2022). "The Secretary's Legal Authority for Debt Cancellation" (PDF). U.S. Department of Education, Office of the General Counsel. Retrieved August 23, 2022.
  17. ^ Barnes, Robert; Douglas-Gabriel, Danielle (June 30, 2023). "Supreme Court rejects Biden student loan forgiveness plan". The Washington Post.

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