Notes on 20 U.S.C. § 1070 : US Code - Notes

Search Notes on 20 U.S.C. § 1070 : US Code - Notes

(Pub. L. 89-329, title IV, Sec. 400, formerly Sec. 401, as added
Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat.
1308; renumbered Sec. 400, Pub. L. 102-325, title IV, Sec.
402(a)(3), July 23, 1992, 106 Stat. 482; amended Pub. L. 105-244,
title IV, Sec. 401(g)(1), Oct. 7, 1998, 112 Stat. 1652.)
PRIOR PROVISIONS
A prior section 1070, Pub. L. 89-329, title IV, Sec. 401, as
added and amended Pub. L. 92-318, title I, Sec. 131(b)(1), title X,
Sec. 1001(c)(1), (2), June 23, 1972, 86 Stat. 247, 381; Pub. L. 94-
482, title I, Sec. 125, Oct. 12, 1976, 90 Stat. 2096; Pub. L. 96-
374, title IV, Sec. 401, title XIII, Sec. 1391(a)(1), Oct. 3,
1980, 94 Stat. 1401, 1503, stated purpose of program of grants to
students in attendance at institutions of higher education, prior
to the general revision of this part by Pub. L. 99-498.
AMENDMENTS
1998 - Subsec. (a)(1). Pub. L. 105-244 substituted "Federal Pell
Grants" for "basic educational opportunity grants".
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-
244, set out as a note under section 1001 of this title.
HIGHER EDUCATION RELIEF OPPORTUNITIES FOR STUDENTS
Pub. L. 108-76, Aug. 18, 2003, 117 Stat. 904, as amended by Pub.
L. 109-78, Sec. 1, Sept. 30, 2005, 119 Stat. 2043, provided that:
"SECTION 1. SHORT TITLE; FINDINGS; REFERENCE.
"(a) Short Title. - This Act may be cited as the 'Higher
Education Relief Opportunities for Students Act of 2003'.
"(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. - References in this Act to 'the Act' are
references to the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq. [and 42 U.S.C. 2751 et seq.]).
"SEC. 2. WAIVER AUTHORITY FOR RESPONSE TO MILITARY 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 Act 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 et seq., 42 U.S.C. 2751
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)) 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 437 of the General
Education Provisions Act (20 U.S.C. 1232) and section 553 of
title 5, United States Code, 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 et seq., 42 U.S.C. 2751 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), 1098a)
shall not apply to the waivers and modifications authorized or
required by this Act.
"SEC. 3. 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. - For purposes of this section, a
full refund includes a refund of required tuition and fees, or a
credit in a comparable amount against future tuition and fees.
"SEC. 4. USE OF PROFESSIONAL JUDGMENT.
"A financial aid administrator shall be considered to be making a
necessary adjustment in accordance with section 479A(a) of the Act
[20 U.S.C. 1087tt(a)] 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.
"SEC. 5. DEFINITIONS.
"In this Act:
"(1) Active duty. - The term 'active duty' has the meaning
given such term in section 101(d)(1) of title 10, United States
Code, 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 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. - The term 'military operation' means
a contingency operation as such term is defined in section
101(a)(13) of title 10, United States Code.
"(4) National emergency. - The term 'national emergency' means
a national 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 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,
United States Code, 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. - The term 'qualifying
National Guard duty during a war or other military operation or
national emergency' means service as a member of the National
Guard on full-time National Guard duty (as defined in section
101(d)(5) of title 10, United States Code) under a call to active
service authorized by the President or the Secretary of Defense
for a period of more than 30 consecutive days under section
502(f) of title 32, United States Code, in connection with a war,
another military operation, or a national emergency declared by
the President and supported by Federal funds.
"SEC. 6. TERMINATION OF AUTHORITY.
"The provisions of this Act shall cease to be effective at the
close of September 30, 2007."
Pub. L. 107-122, Jan. 15, 2002, 115 Stat. 2386, known as the
Higher Education Relief Opportunities for Students Act of 2001,
authorized the Secretary of Education to waive or modify statutory
or regulatory provisions applicable to the student financial aid
programs under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq., 42 U.S.C. 2751 et seq.) as deemed necessary
because of a national emergency, provided sense of Congress as to
tuition refunds from institutions of postsecondary education, and
provided that the Act ceased to be effective Sept. 30, 2003.
COMMUNITY SCHOLARSHIP MOBILIZATION
Pub. L. 105-244, title VIII, part C, Oct. 7, 1998, 112 Stat.
1810, provided that:
"SEC. 811. SHORT TITLE.
"This part may be cited as the 'Community Scholarship
Mobilization Act'.
"SEC. 812. FINDINGS.
"Congress finds that -
"(1) the local community, when properly organized and
challenged, is one of the best sources of academic support,
motivation toward achievement, and financial resources for
aspiring postsecondary students;
"(2) local communities, working to complement or augment
services currently offered by area schools and colleges, can
raise the educational expectations and increase the rate of
postsecondary attendance of their youth by forming locally-based
organizations that provide both academic support (including
guidance, counseling, mentoring, tutoring, encouragement, and
recognition) and tangible, locally raised, effectively targeted,
publicly recognized, financial assistance;
"(3) proven methods of stimulating these community efforts can
be promoted through Federal support for the establishment of
regional, State, or community program centers to organize and
challenge community efforts to develop educational incentives and
support for local students; and
"(4) using Federal funds to leverage private contributions to
help students from low-income families attain educational and
career goals is an efficient and effective investment of scarce
taxpayer-provided resources.
"SEC. 813. DEFINITIONS.
"In this part:
"(1) Regional, state, or community program center. - The term
'regional, State, or community program center' means an
organization that -
"(A) is a division or member of, responsible to, and overseen
by, a national organization; and
"(B) is staffed by professionals trained to create, develop,
and sustain local entities in towns, cities, and neighborhoods.
"(2) Local entity. - The term 'local entity' means an
organization that -
"(A) is a nonprofit organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C.
501(c)(3)], and exempt from taxation under section 501(a) of
such Code (or shall meet this criteria through affiliation with
the national organization);
"(B) is formed for the purpose of providing educational
scholarships and academic support for residents of the local
community served by such organization;
"(C) solicits broad-based community support in its academic
support and fund-raising activities;
"(D) is broadly representative of the local community in the
structures of its volunteer-operated organization and has a
board of directors that includes leaders from local
neighborhood organizations and neighborhood residents, such as
school or college personnel, parents, students, community
agency representatives, retirees, and representatives of the
business community;
"(E) awards scholarships without regard to age, sex, marital
status, race, creed, color, religion, national origin, or
disability; and
"(F) gives priority to awarding scholarships for
postsecondary education to deserving students from low-income
families in the local community.
"(3) National organization. - The term 'national organization'
means an organization that -
"(A) has the capacity to create, develop and sustain local
entities and affiliated regional, State, or community program
centers;
"(B) has the capacity to sustain newly created local entities
in towns, cities, and neighborhoods through ongoing training
support programs;
"(C) is described in section 501(c)(3) of the Internal
Revenue Code of 1986, and exempt from taxation under section
501(a) of such Code;
"(D) is a publicly supported organization within the meaning
of section 170(b)(1)(A)(iv) of such Code [26 U.S.C.
170(b)(1)(A)(iv)];
"(E) ensures that each of the organization's local entities
meet the criteria described in subparagraphs (C) and (D); and
"(F) has a program for or experience in cooperating with
secondary and postsecondary institutions in carrying out the
organization's scholarship and academic support activities.
"(4) High poverty area. - The term 'high poverty area' means a
community with a higher percentage of children from low-income
families than the national average of such percentage and a lower
percentage of children pursuing postsecondary education than the
national average of such percentage.
"(5) Secretary. - The term 'Secretary' means the Secretary of
Education.
"(6) Students from low-income families. - The term 'students
from low-income families' means students determined, pursuant to
part F of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087kk et seq.), to be eligible for a Federal Pell Grant under
subpart 1 of part A of title IV of such Act (20 U.S.C. 1070a).
"SEC. 814. PURPOSE; ENDOWMENT GRANT AUTHORITY.
"(a) Purpose. - It is the purpose of this part to establish and
support regional, State or community program centers to enable such
centers to foster the development of local entities in high poverty
areas that promote higher education goals for students from low-
income families by -
"(1) providing academic support, including guidance,
counseling, mentoring, tutoring, and recognition; and
"(2) providing scholarship assistance for the cost of
postsecondary education.
"(b) Endowment Grant Authority. - From the funds appropriated
pursuant to the authority of section 816, the Secretary shall award
an endowment grant, on a competitive basis, to a national
organization to enable such organization to support the
establishment or ongoing work of regional, State or community
program centers that foster the development of local entities in
high poverty areas to improve secondary school graduation rates and
postsecondary attendance through the provision of academic support
services and scholarship assistance for the cost of postsecondary
education.
"SEC. 815. GRANT AGREEMENT AND REQUIREMENTS.
"(a) In General. - The Secretary shall award one or more
endowment grants described in section 814(b) pursuant to an
agreement between the Secretary and a national organization. Such
agreement shall -
"(1) require a national organization to establish an endowment
fund in the amount of the grant, the corpus of which shall remain
intact and the interest income from which shall be used to
support the activities described in paragraphs (2) and (3);
"(2) require a national organization to use 70 percent of the
interest income from the endowment fund in any fiscal year to
support the establishment or ongoing work of regional, State or
community program centers to enable such centers to work with
local communities to establish local entities in high poverty
areas and provide ongoing technical assistance, training
workshops, and other activities to help ensure the ongoing
success of the local entities;
"(3) require a national organization to use 30 percent of the
interest income from the endowment fund in any fiscal year to
provide scholarships for postsecondary education to students from
low-income families, which scholarships shall be matched on a
dollar-for-dollar basis from funds raised by the local entities;
"(4) require that at least 50 percent of all the interest
income from the endowment [fund] be allocated to establish new
local entities or support regional, State or community program
centers in high poverty areas;
"(5) require a national organization to submit, for each fiscal
year in which such organization uses the interest from the
endowment fund, a report to the Secretary that contains -
"(A) a description of the programs and activities supported
by the interest on the endowment fund;
"(B) the audited financial statement of the national
organization for the preceding fiscal year;
"(C) a plan for the programs and activities to be supported
by the interest on the endowment fund as the Secretary may
require;
"(D) an evaluation of the programs and activities supported
by the interest on the endowment fund as the Secretary may
require; and
"(E) data indicating the number of students from low-income
families who receive scholarships from local entities, and the
amounts of such scholarships;
"(6) contain such assurances as the Secretary may require with
respect to the management and operation of the endowment fund;
and
"(7) contain an assurance that if the Secretary determines that
such organization is not in substantial compliance with the
provisions of this part, then the national organization shall pay
to the Secretary an amount equal to the corpus of the endowment
fund plus any accrued interest on such fund that is available to
the national organization on the date of such determination.
"(b) Returned Funds. - All funds returned to the Secretary
pursuant to subsection (a)(7) shall be available to the Secretary
to carry out any scholarship or grant program assisted under title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq. [42
U.S.C. 2751 et seq.]).
"SEC. 816. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to carry out this part
$10,000,000 for fiscal year 2000."
COMMUNITY SCHOOL PARTNERSHIPS
Pub. L. 103-382, title V, part B, Oct. 20, 1994, 108 Stat. 4045,
which provided for grants to establish community centers giving
academic support and postsecondary scholarships to poor students,
was repealed by Pub. L. 105-277, div. A, Sec. 101(f) [title VIII,
Sec. 301(a)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-410.
STUDY OF FEDERAL BENEFIT COORDINATION
Section 1405 of Pub. L. 102-325 directed Secretary of Education
to conduct a study to evaluate the coordination of Federal student
financial assistance programs under title IV of the Higher
Education Act of 1965 [20 U.S.C. 1070 et seq.; 42 U.S.C. 2751 et
seq.] with other programs funded in whole or in part with Federal
funds, with Secretary to prepare and submit to appropriate
committees of Congress a report on the study not later than 3 years
after July 23, 1992, together with such recommendations as the
Secretary deemed appropriate, prior to repeal by Pub. L. 105-332,
Sec. 6(b)(2), Oct. 31, 1998, 112 Stat. 3128.
OLYMPIC SCHOLARSHIPS
Pub. L. 102-325, title XV, Sec. 1543, July 23, 1992, 106 Stat.
836, as amended by Pub. L. 105-244, title VIII, Sec. 836, Oct. 7,
1998, 112 Stat. 1820; Pub. L. 106-554, Sec. 1(a)(1) [title III,
Sec. 319], Dec. 21, 2000, 114 Stat. 2763, 2763A-49; Pub. L. 107-
116, title III, Sec. 305(a), Jan. 10, 2002, 115 Stat. 2208,
provided that:
"(a) Scholarships Authorized. -
"(1) In general. - The Secretary of Education is authorized to
provide financial assistance to the United States Olympic
Education Center or the United States Olympic Training Center to
enable such centers to provide financial assistance to athletes
who are training at such centers and are pursuing postsecondary
education at institutions of higher education (as such term is
defined in section 481(a) of the Higher Education Act of 1965 [20
U.S.C. 1088(a)]).
"(2) Award determination. - The amount of the financial
assistance provided to an athlete described in paragraph (1)
shall be determined in accordance with criteria, and in amounts,
specified in the application of the center under subsection (c).
Such assistance shall not exceed the athlete's cost of attendance
as determined under section 472 of the Higher Education Act of
1965 (20 U.S.C. 1087ll).
"(3) Information on distribution of assistance. - Each center
providing such assistance shall annually report to the Secretary
such information as the Secretary may reasonably require on the
distribution of such assistance among athletes and institutions
of higher education. The Secretary shall compile such reports and
submit them to the Committees on Education and the Workforce and
Appropriations of the House of Representatives and the Committees
on Health, Education, Labor, and Pensions and Appropriations of
the Senate.
"(b) Eligibility. - The Secretary of Education shall ensure that
financial assistance provided under this part [part E (Sec. 1543)
of Pub. L. 102-325] is available to both full-time and part-time
students who are athletes at centers described in subsection (a).
"(c) Application. - Each center desiring financial assistance
under this section shall submit an application to the Secretary of
Education at such time, in such manner and accompanied by such
information as the Secretary may reasonably require.
"(d) Authorization of Appropriations. - There are authorized to
be appropriated $5,000,000 for fiscal year 1999 and such sums as
may be necessary for each of the 4 succeeding fiscal years to carry
out this section.
"(e) Designation. - Scholarships awarded under this section shall
be known as 'B.J. Stupak Olympic Scholarships'."
[Pub. L. 107-116, title III, Sec. 305(b), Jan. 10, 2002, 115
Stat. 2208, provided that: "The amendments made by subsection (a)
[amending section 1543 of Pub. L. 102-325, set out above] shall
apply with respect to any funds appropriated pursuant to section
1543(d) of the Higher Education Amendments of 1992 [section 1543(d)
of Pub. L. 102-325, set out above], including funds appropriated
pursuant to that section in fiscal years 2000 and 2001, that are
available for financial assistance under section 1543 on or after
the date of enactment of this Act [Jan. 10, 2002]."]
PERSIAN GULF CONFLICT HIGHER EDUCATION ASSISTANCE
Pub. L. 102-26, Secs. 4-6, Apr. 9, 1991, 105 Stat. 125-127,
provided that:
"SEC. 4. OPERATION DESERT SHIELD/DESERT STORM WAIVER AUTHORITY.
"(a) Purpose. - It is the purpose of this section to ensure that -

"(1) the men and women serving on active duty in connection
with Operation Desert Shield or Operation Desert Storm who are
borrowers of Stafford Loans or Perkins Loans are not placed in a
worse position financially in relation to those loans because of
such service;
"(2) the administrative requirements placed on all borrowers of
student loans made in accordance with title IV of the Act [20
U.S.C. 1070 et seq.; 42 U.S.C. 2751 et seq.] who are engaged in
such military service are minimized to the extent possible
without impairing the integrity of the student loan programs, in
order to ease the burden on such borrowers, and to avoid
inadvertent, technical defaults; and
"(3) the future eligibility of such an individual for Pell
Grants is not reduced by the amount of such assistance awarded
for a period of instruction that such individual was unable to
complete, or for which the individual did not receive academic
credit, because he or she was called up for such service.
"(b) Waiver Requirement. - Notwithstanding any other provision of
law, unless enacted with specific reference to this section, the
Secretary of Education shall waive or modify any statutory or
regulatory provision applicable to the student financial aid
programs under title IV of the Act that the Secretary deems
necessary to achieve the purposes stated in subsection (a),
including -
"(1) the length of, and eligibility requirements for, the
military deferments authorized under sections 427(a)(2)(C)(ii),
428(b)(1)(M)(ii), and 464(c)(2)(A)(ii) of the Act [20 U.S.C.
1077(a)(2)(C)(ii), 1078(b)(1)(M)(ii), 1087dd(c)(2)(A)(ii)], in
order to enable the borrower of a Stafford Loan or a Perkins Loan
who is or was serving on active duty in connection with Operation
Desert Shield or Operation Desert Storm to obtain a military
deferment, under which interest shall accrue and shall, if
otherwise payable by the Secretary, be paid by the Secretary of
Education, for the duration of such service;
"(2) administrative requirements placed on all borrowers of
student loans made in accordance with title IV of the Act who are
or were engaged in such military service;
"(3) the number of years for which individuals who are engaged
in such military service may be eligible for Pell Grants under
subpart 1 of part A of title IV of the Act [20 U.S.C. 1070a et
seq.];
"(4) the point at which the borrower of a Stafford Loan who is
or was engaged in such military service is required to resume
repayment of principal and interest on such loan after the
borrower completes a period of deferment under section
427(a)(2)(C)(ii) or 428(b)(1)(M)(ii) of the Act;
"(5) the point at which the borrower of a Stafford Loan who is
or was engaged in such military service is required to resume
repayment of principal and interest on such loan after the
borrower completes a single period of deferment under section
427(a)(2)(C)(i) or 428(b)(1)(M)(i) of the Act subsequent to such
service; and
"(6) the modification of the terms '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 such individual (and the determination of such need for his
or her spouse and dependents, if applicable), 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 individual and his or her family.
"(c) Notice of Waiver. - Notwithstanding section 431 [now 437] of
the General Education Provisions Act (20 U.S.C. 1232) and section
553 of title 5, United States Code, 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. Such notice shall include
the terms and conditions to be applied in lieu of such statutory
and regulatory provisions. The Secretary is not required to
exercise the waiver or modification authority under this section on
a case-by-case basis.
"(d) Definitions. - For purposes of this Act [probably should be
"section"] -
"(1) Individuals 'serving on active duty in connection with
Operation Desert Shield or Operation Desert Storm' shall include -

"(A) any Reserve of an Armed Force called to active duty
under section 672(a) [now 12301(a)], 672(g) [now 12301(g)], 673
[now 12302], 673b [now 12304], 674 [now 12306], or 688 of title
10, United States Code, for service in connection with
Operation Desert Shield or Operation Desert Storm, regardless
of the location at which such active duty service is performed;
and
"(B) for purposes of waivers of administrative requirements
under subsection (b)(2) only, any other member of an Armed
Force on active duty in connection with Operation Desert Shield
or Operation Desert Storm, who has been assigned to a duty
station at a location other than the location at which such
member is normally assigned.
"(2) The term 'active duty' has the meaning given such term in
section 101(22) of title 10, United States Code, except that such
term does not include active duty for training or attendance at a
service school.
"SEC. 5. TUITION REFUNDS OR CREDITS.
"(a) Sense of Congress. - It is the sense of the Congress that
all institutions offering postsecondary education should provide a
full refund to any member or Reserve of an Armed Force on active
duty service in connection with Operation Desert Shield or
Operation Desert Storm for that portion of a period of instruction
such individual was unable to complete, or for which such
individual did not receive academic credit, because he or she was
called up for such service. For purposes of this section, a full
refund includes a refund of required tuition and fees, or a credit
in a comparable amount against future tuition and fees.
"(b) Encouragement and Report. - The Secretary of Education shall
encourage institutions to provide such refunds or credits, and
shall report to the appropriate committees of Congress on the
actions taken in accordance with this subsection as well as
information he receives regarding any institutions that are not
providing such refunds or credits.
"SEC. 6. TERMINATION OF AUTHORITY.
"The provisions of sections 4 and 5 shall cease to be effective
on September 30, 1997."
Pub. L. 102-25, title III, part E (Secs. 371-376), Apr. 6, 1991,
105 Stat. 93, provided that:
"SEC. 371. SHORT TITLE
"This part may be cited as the 'Persian Gulf Conflict Higher
Education Assistance Act'.
"SEC. 372. [Superseded by section 4 of Pub. L. 102-26, set out
above.]
"SEC. 373. [Superseded by section 5 of Pub. L. 102-26, set out
above.]
"SEC. 374. [Amended section 294d of Title 42, The Public Health
and Welfare.]
"SEC. 375. [Superseded by section 6 of Pub. L. 102-26, set out
above.]
"SEC. 376. COORDINATION WITH OTHER LAW
"If the Higher Education Technical Amendments of 1991 [Pub. L.
102-26, see Short Title of 1991 Amendment note set out under
section 1001 of this title] is enacted, the provisions of sections
4, 5, and 6 of that Act shall supersede sections 372, 373, and
375."