U.S. Code » Title 20 » Chapter CHAPTER 28— HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE › Subchapter SUBCHAPTER IV— STUDENT ASSISTANCE › Part Part G–1— Higher Education Relief Opportunities for Students

20 U.S.C. § 1098ee

Definitions

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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 individualThe 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 dutyThe 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.

(Pub. L. 108–76, § 5, Aug. 18, 2003, 117 Stat. 906.)Editorial NotesCodification

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.

Notes of Decisions
Cited in 5 cases (5 in the last 5 years), 2022–2023 · leading case: Biden v. Nebraska, 600 U.S. 477 (2023).
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Biden v. Nebraska, 600 U.S. 477 (2023). “” 20 U. S. C. § 1098ee(2)(D). The “ `economic and political signifcance' ” of the Secre- tary's action is staggering by any measure.”
Biden v. Nebraska, 600 U.S. 477 (2023). “” 20 U. S. C. §1098ee(2)(D). The “ ‘economic and political significance’ ” of the Secre- tary’s action is staggering by any measure.”
Use of the HEROES Act of 2003 to Cancel the Principal Amounts of Student Loans (OLC 2022). “13, 2020); see also 20 U.S.C. § 1098ee(4) (“The term ‘national emergency’ means a national emergency declared by the President of the United States.”
Use of the HEROES Act of 2003 to Cancel the Principal Amounts of Student Loans (OLC 2022). “13, 2020); see also 20 U.S.C. § 1098ee(4) (“The term ‘national emergency’ means a national emergency declared by the President of the United States.”
Brown Cnty. Taxpayers Ass'n v. President Joseph R Biden Jr (E.D. Wis. 2022). “Finally, Plaintiff alleges that the Plan violates the Administrative Procedures Act (APA) because it exceeds the authority granted the executive branch by the HEROES Act, 20 U.S.C. § 1098ee(2). Id. ¶¶ 43–45. Based upon these allegations, Plaintiff asserts three separate claims:…”
— 20 U.S.C. § 1098ee(2) — 1 case
Brown Cnty. Taxpayers Ass'n v. President Joseph R Biden Jr (E.D. Wis. 2022). “Finally, Plaintiff alleges that the Plan violates the Administrative Procedures Act (APA) because it exceeds the authority granted the executive branch by the HEROES Act, 20 U.S.C. § 1098ee(2). Id. ¶¶ 43–45. Based upon these allegations, Plaintiff asserts three separate claims:…”
— 20 U.S.C. § 1098ee(2)(D) — 2 cases
Biden v. Nebraska, 600 U.S. 477 (2023). “” 20 U. S. C. § 1098ee(2)(D). The “ `economic and political signifcance' ” of the Secre- tary's action is staggering by any measure.”
Biden v. Nebraska, 600 U.S. 477 (2023). “” 20 U. S. C. §1098ee(2)(D). The “ ‘economic and political significance’ ” of the Secre- tary’s action is staggering by any measure.”
— 20 U.S.C. § 1098ee(4) — 2 cases
Use of the HEROES Act of 2003 to Cancel the Principal Amounts of Student Loans (OLC 2022). “13, 2020); see also 20 U.S.C. § 1098ee(4) (“The term ‘national emergency’ means a national emergency declared by the President of the United States.”
Use of the HEROES Act of 2003 to Cancel the Principal Amounts of Student Loans (OLC 2022). “13, 2020); see also 20 U.S.C. § 1098ee(4) (“The term ‘national emergency’ means a national emergency declared by the President of the United States.”
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