PUBLIC LAW 109–171—FEB. 8, 2006
120 STAT. 161
‘‘(I) is serving on active duty during a war or other military operation or national emergency; or ‘‘(II) is performing qualifying National Guard duty during a war or other military operation or national emergency;’’. (d) DEFINITIONS.—Section 481 (20 U.S.C. 1088) is amended by adding at the end the following new subsection: ‘‘(d) DEFINITIONS FOR MILITARY DEFERMENTS.—For purposes of parts B, D, and E of this title: ‘‘(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) 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. ‘‘(3) NATIONAL EMERGENCY.—The term ‘national emergency’ means the national emergency by reason of certain terrorist attacks declared by the President on September 14, 2001, or subsequent national emergencies declared by the President by reason of terrorist attacks. ‘‘(4) SERVING ON ACTIVE DUTY.—The term ‘serving on active duty during a war or other military operation or national emergency’ means 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 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. ‘‘(5) 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, 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 consecutive days under section 502(f) of title 32, United States Code, in connection with a war, other military operation, or a national emergency declared by the President and supported by Federal funds.’’. (e) RULE OF CONSTRUCTION.—Nothing in the amendments made by this section shall be construed to authorize any refunding of any repayment of a loan. (f) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to loans for which the first disbursement is made on or after July 1, 2001.
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20 USC 1078 note. 20 USC 1078 note.
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