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20 U.S.C. § 1098bb — Waiver authority for response to military contingencies and national emergencies
Federal law — U.S. Code and appendices · legal_authorities
**(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 part as the “Secretary”) may waive or modify any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the Act [[20 U.S.C. 1070](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070&num=0&edition=prelim) et seq.] 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).
(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 assistance 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
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**(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 part as the “Secretary”) may waive or modify any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the Act [[20 U.S.C. 1070](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070&num=0&edition=prelim) et seq.] 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).
(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 assistance 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 individual and his or her family;
(D) the calculation under section 484B(b)(2) of the Act ([20 U.S.C. 1091b(b)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091b/b/2&num=0&edition=prelim)) 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 student’s file, and (ii) the amount of any overpayment discharged; 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 diligence requirements and reporting deadlines.
**(b) Notice of waivers or modifications**
(1) **In general** — Notwithstanding [section 1232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232&num=0&edition=prelim) and [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), the Secretary shall, by notice in the Federal Register, publish the waivers or modifications 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 Education 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 pursuant to subsection (a) on affected individuals and the programs under title IV of the Act [[20 U.S.C. 1070](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070&num=0&edition=prelim) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1089/c&num=0&edition=prelim), 1098a) shall not apply to the waivers and modifications authorized or required by this part.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 90–247, title IV, § 426A, as added Pub. L. 95–561, title XII, § 1202, Nov. 1, 1978, 92 Stat. 2334; amended Pub. L. 96–88, title III, § 301(a)(1), (b)(2), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 678, 692, related to equalization assistance.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim);
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
**(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—
(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 89–329, title IV, § 420R, as added Pub. L. 111–39, title IV, § 401(a)(9), July 1, 2009, 123 Stat. 1939, related to grants for veteran’s dependents, known as Iraq and Afghanistan Service Grants.
#### Effective Date of Repeal
Repeal effective as if included in title VII of div. FF of Pub. L. 116–260 and subject to the effective date of section 701(b) of title VII (July 1, 2024), see section 103(d) of div. R of Pub. L. 117–103, set out as an Effective Date of 2022 Amendment note under [section 1070a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070a&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
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Federal law — U.S. Code and appendices · legal_authorities
Page 326
TITLE 20—EDUCATION
§ 1070
Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat.
1636, and transferred to this section.
AMENDMENTS
2008—Subsec. (a). Pub. L. 110–315 amended subsec. (a)
generally. Prior to amendment, subsec. (a) related to
authorizations for parts A to E for fiscal year 1999 and
each of the 4 succeeding fiscal years.
1998—Subsec. (a)(1)(A). Pub. L. 105–244, § 308(h)(1)(A),
substituted ‘‘1999’’ for ‘‘1993’’.
Subsec. (a)(1)(B). Pub. L. 105–244, § 308(h)(1)(B), redes-
ignated cl. (i) as entire subpar., substituted ‘‘$10,000,000
for fiscal year 1999’’ for ‘‘$45,000,000 for fiscal year 1993’’,
and struck out cl. (ii) which read as follows: ‘‘No funds
are authorized to be appropriated pursuant to clause (i)
for any fiscal year unless the amount appropriated pur-
suant to paragraph (1)(A) for such fiscal year equals or
exceeds $80,000,000.’’
Subsec. (a)(1)(C). Pub. L. 105–244, § 308(h)(1)(C), added
subpar. (C).
Subsec. (a)(2)(A). Pub. L. 105–244, § 308(h)(2)(A), sub-
stituted ‘‘1999’’ for ‘‘1993’’.
Subsec. (a)(2)(B). Pub. L. 105–244, § 308(h)(2)(B), sub-
stituted ‘‘$35,000,000 for fiscal year 1999’’ for ‘‘$20,000,000
for fiscal year 1993’’.
Subsec. (a)(3). Pub. L. 105–244, § 308(h)(3), substituted
‘‘$10,000,000 for fiscal year 1999’’ for ‘‘$50,000,000 for fiscal
year 1993’’.
Subsec. (a)(4), (5). Pub. L. 105–244, § 308(h)(4), added
pars. (4) and (5).
Subsec. (c). Pub. L. 105–244, § 308(h)(5), struck out
heading and text of subsec. (c). Text read as follows: ‘‘If
the amount appropriated under subsection (a)(1) of this
section for part A of this subchapter for any fiscal year
beginning after September 30, 1986, equals or exceeds
the amount appropriated for such part for fiscal year
1986, the Secretary shall, for suc
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1070
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Secretary required to comply with schedule** To assure adequate notification and timely delivery of student aid funds under this subchapter, the Secretary shall adhere to the following calendar dates in the year preceding the award year:
(1) Development and distribution of Federal and multiple data entry forms—
(A) by February 1: first meeting of the technical committee on forms design of the Department;
(B) by March 1: proposed modifications, updates, and notices pursuant to sections 1087rr and 1090(a)(5) 11 See References in Text note below. of this title published in the Federal Register;
(C) by June 1: final modifications, updates, and notices pursuant to sections 1087rr and 1090(a)(5) 1 of this title published in the Federal Register;
(D) by August 15: application for Federal student assistance and multiple data entry data elements and instructions approved;
(E) by August 30: final approved forms delivered to servicers and printers;
(F) by October 1: Federal and multiple data entry forms and instructions printed; and
(G) by November 1: Federal and multiple data entry forms, instructions, and training materials distributed.
(2) Allocations of campus-based and Pell Grant funds—
(A) by August 1: distribution of institutional application for campus-based funds (FISAP) to institutions;
(B) by October 1: final date for submission of FISAP by institutions to the Department;
(C) by November 15: edited FISAP and computer printout received by institutions;
(D) by December 1: appeals procedures received by institutions;
(E) by December 15: edits returned by institutions to the Department;
(F) by February 1: tentative award levels received by institutions and final Pell Grant payment schedule;
(G) by February 15: closing date f
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1089
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Federal law — U.S. Code and appendices · legal_authorities
Page 637
TITLE 20—EDUCATION
§ 1089
1 See References in Text note below.
tion] and the amendment made by subsection (a) shall
take effect on July 1, 1994.’’
§ 1089. Master calendar
(a) Secretary required to comply with schedule
To assure adequate notification and timely de-
livery of student aid funds under this sub-
chapter, the Secretary shall adhere to the fol-
lowing calendar dates in the year preceding the
award year:
(1) Development and distribution of Federal
and multiple data entry forms—
(A) by February 1: first meeting of the
technical committee on forms design of the
Department;
(B) by March 1: proposed modifications,
updates, and notices pursuant to sections
1087rr and 1090(a)(5) 1 of this title published
in the Federal Register;
(C) by June 1: final modifications, updates,
and notices pursuant to sections 1087rr and
1090(a)(5) 1 of this title published in the Fed-
eral Register;
(D) by August 15: application for Federal
student assistance and multiple data entry
data elements and instructions approved;
(E) by August 30: final approved forms de-
livered to servicers and printers;
(F) by October 1: Federal and multiple
data entry forms and instructions printed;
and
(G) by November 1: Federal and multiple
data entry forms, instructions, and training
materials distributed.
(2) Allocations of campus-based and Pell
Grant funds—
(A) by August 1: distribution of institu-
tional application for campus-based funds
(FISAP) to institutions;
(B) by October 1: final date for submission
of FISAP by institutions to the Department;
(C) by November 15: edited FISAP and
computer printout received by institutions;
(D) by December 1: appeals procedures re-
ceived by institutions;
(E) by December 15: edits returned by in-
stitutions to the Depart
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1089
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Return of subchapter IV funds**
(1) **In general** — If a recipient of assistance under this subchapter withdraws from an institution during a payment period or period of enrollment in which the recipient began attendance, the amount of grant or loan assistance (other than assistance received under part C) to be returned to the subchapter IV programs is calculated according to paragraph (3) and returned in accordance with subsection (b).
(2) **Leave of absence**
(A) *Leave not treated as withdrawal* — In the case of a student who takes 1 or more leaves of absence from an institution for not more than a total of 180 days in any 12-month period, the institution may consider the student as not having withdrawn from the institution during the leave of absence, and not calculate the amount of grant and loan assistance provided under this subchapter that is to be returned in accordance with this section if—
(i) the institution has a formal policy regarding leaves of absence;
(ii) the student followed the institution’s policy in requesting a leave of absence; and
(iii) the institution approved the student’s request in accordance with the institution’s policy.
(B) *Consequences of failure to return* — If a student does not return to the institution at the expiration of an approved leave of absence that meets the requirements of subparagraph (A), the institution shall calculate the amount of grant and loan assistance provided under this subchapter that is to be returned in accordance with this section based on the day the student withdrew (as determined under subsection (c)).
(3) **Calculation of amount of subchapter IV assistance earned**
(A) *In general* — The amount of grant or loan assistance under this subchapter that is earned by the recipi
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1091b
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Federal law — U.S. Code and appendices · legal_authorities
Page 661
TITLE 20—EDUCATION
§ 1091b
1992, 105 Stat. 838, provided that: ‘‘The amendments
made by this section [amending this section] shall be
effective as if enacted by the Consolidated Omnibus
Budget Reconciliation Act of 1985 (Public Law 99–272),
and shall apply to any actions pending on or after the
date of enactment of the Higher Education Technical
Amendments of 1991 [Apr. 9, 1991].’’
§ 1091b. Institutional refunds
(a) Return of subchapter IV funds
(1) In general
If a recipient of assistance under this sub-
chapter withdraws from an institution during
a payment period or period of enrollment in
which the recipient began attendance, the
amount of grant or loan assistance (other than
assistance received under part C) to be re-
turned to the subchapter IV programs is cal-
culated according to paragraph (3) and re-
turned in accordance with subsection (b).
(2) Leave of absence
(A) Leave not treated as withdrawal
In the case of a student who takes 1 or
more leaves of absence from an institution
for not more than a total of 180 days in any
12-month period, the institution may con-
sider the student as not having withdrawn
from the institution during the leave of ab-
sence, and not calculate the amount of grant
and loan assistance provided under this sub-
chapter that is to be returned in accordance
with this section if—
(i) the institution has a formal policy re-
garding leaves of absence;
(ii) the student followed the institution’s
policy in requesting a leave of absence;
and
(iii) the institution approved the stu-
dent’s request in accordance with the in-
stitution’s policy.
(B) Consequences of failure to return
If a student does not return to the institu-
tion at the expiration of an approved leave
of absence that meets the requirements
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1091b
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Federal law — U.S. Code and appendices · legal_authorities
Page 730
TITLE 20—EDUCATION
§ 1098bb
situations that active duty military personnel and
other affected individuals may face in connection
with their enrollment in postsecondary institutions
and their Federal student loans; and
‘‘(2) the provisions authorized by such Act should
be made permanent, thereby allowing the Secretary
of Education to continue providing assistance to ac-
tive duty service members and other affected individ-
uals and their families.’’
§ 1098bb. Waiver authority for response to mili-
tary contingencies 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 part as the ‘‘Secretary’’) may waive
or modify any statutory or regulatory provi-
sion applicable to the student financial assist-
ance programs under title IV of the Act [20
U.S.C. 1070 et seq.] as the Secretary deems
necessary in connection with a war or other
military operation or national emergency to
provide the waivers or modifications author-
ized 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) recipients of student financial assist-
ance under title IV of the Act who are af-
fected individuals are not placed in a worse
position financially in relation to that fi-
nancial assistance because of their status as
affected individuals;
(B) administrative requirements placed on
affected individuals who are recipients of
student financial assistance are minimized,
to the extent possible without impairing the
integrity of the student financial assistance
programs, to ease the burden on suc
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1098bb
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