Page:United States Statutes at Large Volume 105 Part 1.djvu/153

 PUBLIC LAW 102-26—APR. 9, 1991 105 STAT. 125 borrower on a loan made under this title that has been assigned to the Secretary under this title.". (b) CONFORMING AMENDMENT.— Section 16041 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272) is amended— (1) by striking out subsection (e); (2) in subsection (f), by striking out "The amendment made by section 16034" and inserting in lieu thereof "The amendments made by sections 16033 and 16034"; and (3) by redesignating subsection (f) as subsection (e). (c) EFFECTIVE DATE.— The amendments made by 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 that are brought before November 15, 1992. SEC. 4. OPERATION DESERT THORITY. SHIELD/DESERT STORM WAIVER AU- (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 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)(l)(M)(ii), and 464(c)(2)(A)(ii) of the Act, 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 USC 1071 note. 20 USC 1091a note. Armed Forces. 20 USC 1070 note.

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