Page:United States Statutes at Large Volume 115 Part 3.djvu/314

 115 STAT. 2388 PUBLIC LAW 107-122^JAN. 15, 2002 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. At the time of publishing any waivers or modifications pursuant to section 2(b), the Secretary shall publish examples of measures that institutions may take in the appropriate exercise of discretion under section 479A of the Higher Education Act of 1965 (20 U.S.C. 1087tt) to adjust financial need and aid eligibility determinations for affected individuals. 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 the national emergency; (B) is serving on National Guard duty during the 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 the national emergency; or (D) suffered direct economic hardship as a direct result of the national emergency, as determined under a waiver or modification issued under this Act. (3) FEDERAL STUDENT LOAN.— The term "Federal student loan" means a loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 20 U.S.C. 1087a et seq., and 20 U.S.C. 1087aa et seq.). (4) NATIONAL EMERGENCY.— The term "national emergency" means the national emergency by reason of certain terrorist attacks declared by the President on September 14, 2001, or subsequent national emergencies declared by the President by reason of terrorist attacks. (5) SERVING ON ACTIVE DUTY DURING THE NATIONAL EMER- GENCY.— The term "serving on active duty during the 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 such emergency or subsequent actions or conditions, 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 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.

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