Collapse to view only § 1099. Transferred
- § 1098aa. Short title; findings; reference
- § 1098bb. Waiver authority for response to military contingencies and national emergencies
- § 1098cc. Tuition refunds or credits for members of armed forces
- § 1098dd. Use of professional judgment
- § 1098ee. Definitions
- § 1099. Transferred
§ 1098aa. Short title; findings; reference
(a) Short title
(b) Findings
The Congress finds the following:
(1) There is no more important cause than that of our nation’s defense.
(2) The United States will protect the freedom and secure the safety of its citizens.
(3) The United States military is the finest in the world and its personnel are determined to lead the world in pursuit of peace.
(4) Hundreds of thousands of Army, Air Force, Marine Corps, Navy, and Coast Guard reservists and members of the National Guard have been called to active duty or active service.
(5) The men and women of the United States military put their lives on hold, leave their families, jobs, and postsecondary education in order to serve their country and do so with distinction.
(6) There is no more important cause for this Congress than to support the members of the United States military and provide assistance with their transition into and out of active duty and active service.
(c) Reference
(Pub. L. 108–76, § 1, Aug. 18, 2003, 117 Stat. 904.)
§ 1098bb. Waiver authority for response to military contingencies and national emergencies
(a) Waivers and modifications
(1) In general
(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)) 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
(2) Terms and conditions
(3) Case-by-case basis
(c) Impact report
(d) No delay in waivers and modifications
(Pub. L. 108–76, § 2, Aug. 18, 2003, 117 Stat. 904.)
§ 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 students who are affected individuals for that portion of a period of instruction such student was unable to complete, or for which such individual did not receive academic credit, because 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 enrollment or reapplication requirements and should provide the greatest flexibility possible with administrative deadlines related to those applications.
(b) Definition of full refund
(Pub. L. 108–76, § 3, Aug. 18, 2003, 117 Stat. 906.)
§ 1098dd. Use of professional judgment
A financial aid administrator shall be considered to be making a necessary adjustment in accordance with section 1087tt(a) of this title if the administrator makes adjustments with respect 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.)
§ 1098ee. Definitions
In this part:
(1) Active duty
(2) Affected individual
The term “affected individual” means an individual 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 operation or national emergency, as determined by the Secretary.
(3) Military operation
(4) National emergency
(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 individual 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 ordered 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 actions 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
(Pub. L. 108–76, § 5, Aug. 18, 2003, 117 Stat. 906.)
§ 1099. Transferred