Opinion of the Court
§1098bb(a)(1).[1]
The Secretary may issue waivers or modifications only “as may be necessary to ensure” that “recipients of student financial assistance under title IV of the [Education 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.” §1098bb(a)(2)(A). An “affected individual” is defined, in relevant part, as someone who “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 who “suffered direct economic hardship as a direct result of a war or other military operation or national emergency, as determined by the Secretary.” §§1098ee(2)(C)–(D). And a “national emergency” for the purposes of the Act is “a national emergency declared by the President of the United States.” §1098ee(4).
Immediately following the passage of the Act in 2003, the Secretary issued two dozen waivers and modifications addressing a handful of specific issues. 68 Fed. Reg. 69312–69318. Among other changes, the Secretary waived the requirement that “affected individuals” must “return or repay an overpayment” of certain grant funds erroneously disbursed by the Government, id., at 69314, and the requirement that public service work must be uninterrupted to qualify an “affected individual” for loan cancellation, id., at 69317. Additional adjustments were made in 2012, with similar limited effects. 77 Fed. Reg. 59311–59318.
- ↑ Like its 2001 predecessor, the HEROES Act enjoyed virtually unanimous bipartisan support at the time of its enactment, passing by a 421-to-1 vote in the House of Representatives and a unanimous voice vote in the Senate. See 149 Cong. Rec. 7952–7953 (2003); id., at 20809; 147 Cong. Rec. 20396 (2001); id., at 26292–26293. The single dissenting Representative later voiced his support for the Act, explaining that he “meant to vote ‘yea.’ ” 149 Cong. Rec. 8559 (statement of Rep. Miller).
