20 U.S.C. § 1098bb — Waiver authority for response to mili-

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 such stu- dents and avoid inadvertent, technical viola- tions or defaults; (C) the calculation of ‘‘annual adjusted family income’’ and ‘‘available income’’, as used in the determination of need for stu- dent 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 con- dition 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)) 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 re- quired to be returned or repaid if the institu- tion 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, eligi- ble lenders, guaranty agencies, and other en- tities 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 tem- porary relief from requirements that are rendered infeasible or unreasonable by a na- tional emergency, including due diligence requirements and reporting deadlines. (b) Notice of waivers or modifications (1) In general Notwithstanding section 1232 of this title and section 553 of title 5, the Secretary shall, by notice in the Federal Register, publish the waivers or modifications of statutory and reg- ulatory provisions the Secretary deems nec- essary 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), re- port 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 sub- section (a) on affected individuals and the pro- grams under title IV of the Act [20 U.S.C. 1070 et seq.], and the basis for such determination, and include in such report the Secretary’s rec- ommendations 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 author- ized or required by this part. (Pub. L. 108–76, § 2, Aug. 18, 2003, 117 Stat. 904.) Editorial Notes REFERENCES IN TEXT The Higher Education Act of 1965, referred to in sub- secs. (a) and (c), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. CODIFICATION Section was formerly set out in a note under section 1070 of this title. Section was enacted as part of the Higher Education Relief Opportunities for Students Act of 2003, and not as part of title IV of the Higher Education Act of 1965 which comprises this subchapter. Page 731 TITLE 20—EDUCATION § 1098ee § 1098cc. 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 stu- dents who are affected individuals for that portion of a period of instruction such student was unable to complete, or for which such in- dividual did not receive academic credit, be- cause he or she was called up for active duty or active service; and (2) if affected individuals withdraw from a course of study as a result of such active duty or active service, such institutions should make every effort to minimize deferral of en- rollment or reapplication requirements and should provide the greatest flexibility possible with administrative deadlines related to those applications. (b) Definition of full refund For purposes of this section, a full refund in- cludes a refund of required tuition and fees, or a credit in a comparable amount against future tuition and fees. (Pub. L. 108–76, § 3, Aug. 18, 2003, 117 Stat. 906.) Editorial Notes CODIFICATION Section was formerly set out in a note under section 1070 of this title. Section was enacted as part of the Higher Education Relief Opportunities for Students Act of 2003, and not as part of title IV of the Higher Education Act of 1965 which comprises this subchapter. § 1098dd. Use of professional judgment A financial aid administrator shall be consid- ered to be making a necessary adjustment in ac- cordance with section 1087tt(a) of this title if the administrator makes adjustments with re- spect to the calculation of the expected student or parent contribution (or both) of an affected individual, and adequately documents the need for the adjustment. (Pub. L. 108–76, § 4, Aug. 18, 2003, 117 Stat. 906.) Editorial Notes CODIFICATION Section was formerly set out in a note under section 1070 of this title. Section was enacted as part of the Higher Education Relief Opportunities for Students Act of 2003, and not as part of title IV of the Higher Education Act of 1965 which comprises this subchapter. § 1098ee. Definitions In this part: (1) Active duty The term ‘‘active duty’’ has the meaning given such term in section 101(d)(1) of title 10, 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 in- dividual who— (A) is serving on active duty during a war or other military operation or national emergency; (B) is performing qualifying National Guard duty during a war or other military operation or 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 a national emergency; or (D) suffered direct economic hardship as a direct result of a war or other military oper- ation or national emergency, as determined by the Secretary. (3) Military operation The term ‘‘military operation’’ means a con- tingency operation as such term is defined in section 101(a)(13) of title 10. (4) National emergency The term ‘‘national emergency’’ means a na- tional emergency declared by the President of the United States. (5) Serving on active duty The term ‘‘serving on active duty during a war or other military operation or national emergency’’ shall include service by an indi- vidual 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 or any retired member of an Armed Force or- dered to active duty under section 688 of such title, for service in connection with a war or other military operation or national emergency, 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 war, operation, or emergency or subsequent ac- tions or conditions who has been assigned to a duty station at a location other than the location at which such member is normally assigned. (6) Qualifying National Guard duty The term ‘‘qualifying National Guard duty during a war or other military operation or national emergency’’ means service as a mem- ber of the National Guard on full-time Na- tional Guard duty (as defined in section 101(d)(5) of title 10) under a call to active serv- ice authorized by the President or the Sec- retary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32, in connection with a war, another military operation, or a national emergency declared by the President and supported by Federal funds. (Pub. L. 108–76, § 5, Aug. 18, 2003, 117 Stat. 906.) Editorial Notes CODIFICATION Section was formerly set out in a note under section 1070 of this title. Section was enacted as part of the Higher Education Relief Opportunities for Students Act of 2003, and not as part of title IV of the Higher Education Act of 1965 which comprises this subchapter.