H. R. 1412—3
modification under subsection (a), report to the Committee on Edu-
cation 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 pursu-
ant to subsection (a) on affected individuals and the programs
under title IV of the Act, 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 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 emer-
gency;
(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
H. R. 1412—4
(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 ‘‘quali-
fying 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 consecu-
tive 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.
H. R. 1412—5
SEC. 6. TERMINATION OF AUTHORITY.
The provisions of this Act shall cease to be effective at the
close of September 30, 2005.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.