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
(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
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.
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.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Friday, May 3, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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