Page:United States Statutes at Large Volume 105 Part 1.djvu/121

This page needs to be proofread.

PUBLIC LAW 102-25—APR. 6, 1991 105 STAT. 93 Forces serving on active duty during the Persian Gulf conflict pursuant to an order issued under section 672(a), 672(g), 673, 673b, 674, 675, or 688 of title 10, United States Code, and who return to civilian employment with their agencies; and (3) such Persian Gulf concflict participants who have returned to civilian employment may use such annual leave, after it is credited to their leave accounts, in the same manner as any other annual leave to their credit. (b) DEFINITIONS.—For purposes of subsection (a), the term "employee" means an employee as defined in section 6361(1) of title 5, United States Code. (c) DEADLINE FOR REGULATIONS. —Within 30 days after the date of the enactment of this Act, the Office of Personnel Management shall prescribe regulations necessary for the administration of subsection (a). (d) DEPARTMENT OF VETERANS AFFAIRS HEALTH-CARE PROFES- SIONALS. —The Secretary of Veterans Affairs shall establish a program similar to that established under subsection (a) for the benefit of health-care professionals covered under section 4108(e) of title 38, United States Code. Such program shall be as similar and practicable to the program established under subsection (a). PART E—HIGHER EDUCATION ASSISTANCE SEC. 371. SHORT TITLE This part may be cited as the Education Assistance Act". 'Persian Gulf Conflict Higher SEC. 372. OPERATION DESERT STORM WAIVER AUTHORITY (a) PURPOSE.—It is the purpose of this section to ensure that— (1) the men and women serving on active duty in connection with Operation Desert Storm who are borrowers of Stafford Loans or Perkins Loans are not placed in a worse position financially in relation to those loans because of such service; (2) the administrative requirements placed on all borrowers of student loans made in accordance with title IV of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) (hereafter in this section referred to as the "Act") who are engaged in such military service are minimized to the extent possible without impairing the integrity of the student loan programs, in order to ease the burden on such borrowers, and to avoid inadvertent, technical defaults; and (3) the future eligibility of such an individual for Pell Grants is not reduced by the amount of such assistance awarded for a period of instruction that such individual was unable to complete, or for which the individual did not receive academic credit, because the individual was called up for such service. (b) WAIVER REQUIREMENT. —Notwithstanding any other provision of law, unless enacted with specific reference to this section, the Secretary of Education shall waive or modify any statutory or regulatory provision applicable to the student financial aid programs under title IV of the Act that the Secretary deems necessary to achieve the purposes stated in subsection (a), including— (1) the length of, and eligibility requirements for, the military deferments authorized under sections 427(a)(2)(C)(ii), 428(b)(l)(M)(ii), and 464(c)(2)(A)(ii) of the Act, in order to enable the borrower of a Stafford Loan or a Perkins Loan who is or was Persian Gulf Conflict Higher Education Assistance Act. 20 USC 1070 note.