§1098bb — Title 20 Education | U.S. Code

Summary

The Secretary of Education may waive or change any law or rule for federal student aid under Title IV during a war, military action, or national emergency, unless a new law specifically says otherwise. The goal is to protect students affected by the emergency so they are not worse off financially, to cut down on paperwork and other administrative rules when possible, to allow income used for need tests to be based on the first calendar year of the award year, to adjust return-of-aid rules under section 484B(b)(2) so no overpayment must be repaid if a school documents the student’s affected status and the amount discharged, and to give temporary relief to schools, lenders, guaranty agencies, and others in declared disaster areas from requirements that are infeasible (for example due diligence or reporting deadlines). The Secretary must publish any waivers or changes in the Federal Register and include the new terms and conditions. The Secretary does not have to act case-by-case and does not have to follow the usual notice-and-comment procedures. Within 15 months after first using this authority, the Secretary must report to the House Education and the Workforce Committee and the Senate Health, Education, Labor and Pensions Committee on the impact of the waivers and recommend any needed law or rule changes. Sections 482(c) and 492 of the Higher Education Act do not apply to these waivers.

Title 20, §1098bb

Education — Source: USLM XML via OLRC

(a)(1)Notwithstanding any other provision of law, unless enacted with specific reference to this section, the Secretary of Education (referred to in this part 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.] 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)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)(1)Notwithstanding section 1232 of this title and section 553 of title 5, 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)The notice under paragraph (1) shall include the terms and conditions to be applied in lieu of such statutory and regulatory provisions.

(3)The Secretary is not required to exercise the waiver or modification authority under this section on a case-by-case basis.

(c)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.], 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)section 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 part.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Higher Education Act of 1965, referred to in subsecs. (a) and (c), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classified generally to this subchapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1001 of this title and Tables. Codification Section was formerly set out in a note under section 1070 of this title. Section was enacted as part of the Higher Education Relief Opportunities for Students Act of 2003, and not as part of title IV of the Higher Education Act of 1965 which comprises this subchapter.

§1098bb Waiver authority for response to military contingencies and national emergencies