Title 20, EducationRelease 119-110

§1098ee Definitions

Title 20 › CHAPTER 28 — HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE › SUBCHAPTER IV — STUDENT ASSISTANCE › Part G–1 — Higher Education Relief Opportunities for Students › § 1098ee

Last updated Sep 22, 2026|Official source

Summary

Defines key words used to decide who is an "affected individual" during wars, military operations, national emergencies, and related disasters. Active duty — means the title 10, section 101(d)(1) definition but does not include active duty for training or attending a service school. Affected individual — someone who (1) is on active duty during a war, military operation, or national emergency; (2) is on qualifying National Guard duty in those situations; (3) lives or works in an area declared a disaster in connection with a national emergency; or (4) has direct economic hardship from those events, as determined by the Secretary. Military operation — means a contingency operation (title 10, section 101(a)(13)). National emergency — a national emergency declared by the President. Serving on active duty — includes certain Reserves or retired members ordered to active duty under title 10 sections 12301(a), 12301(g), 12302, 12304, 12306, or 688, and other active members assigned away from their usual station for those events. Qualifying National Guard duty — full-time Guard duty (title 10, section 101(d)(5)) called by the President or Secretary of Defense for more than 30 consecutive days under title 32 section 502(f), in connection with a war, operation, or presidentially declared national emergency and supported by Federal funds.

Full Legal Text

Title 20, §1098ee

Education, Source: USLM XML via OLRC

In this part:
(1)Active duty
The term “active duty” has the meaning given such term in section 101(d)(1) of title 10, 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 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 a national emergency; or
(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.
(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 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 “qualifying 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) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32, in connection with a war, another military operation, or a national emergency declared by the President and supported by Federal funds.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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.

Reference

Citations & Metadata

Citation

20 U.S.C. § 1098ee

Title 20, Education

Last Updated

Sep 22, 2026

Release point: 119-110