Higher Education Relief Opportunities For Students Act of 2001

Long title	An act to provide the Secretary of Education with specific waiver authority to respond to a war or other military operation or national emergency.
Enacted by	the 107th United States Congress
Citations
Public law	107-122
Codification
Acts amended	Higher Education Act of 1965
Legislative history
Introduced in the Senate as S. 1793 by Susan Collins (R–ME) on December 10, 2001 Committee consideration by Health, Education, Labor and Pensions Passed the United States Senate on December 4, 2001 (by unanimous consent) Passed the United States House of Representatives on December 20, 2001 (by unanimous consent) Signed into law by President George W. Bush on January 15, 2002
United States Supreme Court cases
Biden v. Nebraska, No. 22-506, 600 U.S. ___ (2023) Department of Education v. Brown, No. 22-535, 600 U.S. ___ (2023)

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

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

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]