Page:United States Statutes at Large Volume 115 Part 3.djvu/313

 PUBLIC LAW 107-122-^AN. 15, 2002 115 STAT. 2387 accurately the financial condition of such affected individual and his or her family; and (D) institutions of higher education, eligible lenders, guaranty agencies, and other entities participating in the student assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) that are located in, or whose operations are directly affected by, areas that are declared disaster areas by any Federal, State, or local official in connection with the national emergency may be granted temporary relief from requirements that are rendered infeasible or unreasonable by the 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 Higher Education Act of 1965 (20 U.S.C. 1070 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 members of the Armed Forces serving on active duty during the national emergency, 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 such service; and (2) if affected individuals withdraw from a course of study as a result of such service, such institutions should make every effort to minimize deferral of enrollment or reapplication Federal Register, publication. Deadline.

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