Text: HF02012 Text: HF02014 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 261.6 RESPONSE TO NATIONAL
1 2 EMERGENCY – WAIVER AUTHORITY.
1 3 1. For purposes of this section, unless the context
1 4 otherwise requires:
1 5 a. "Active duty" means "active duty" as defined in 10
1 6 U.S.C. } 101(d)(1), except that the term does not include
1 7 active duty for training or attendance at a service school.
1 8 b. "Affected individual" means an individual who is
1 9 serving on active duty during the national emergency; or who
1 10 resides or is employed in an area that is declared a disaster
1 11 area by any federal, state, or local official in connection
1 12 with the national emergency; or who suffered direct economic
1 13 hardship as a result of the national emergency, as determined
1 14 under a waiver or modification issued pursuant to this
1 15 section.
1 16 c. "Serving on active duty during the national emergency"
1 17 means any of the following individuals:
1 18 (1) A reserve of an armed force ordered to active duty
1 19 under 10 U.S.C. } 12301(a), 12301(g), 12302, 12304, or 12306,
1 20 or any retired member of an armed force ordered to active duty
1 21 under 10 U.S.C. } 688, as amended, for service in connection
1 22 with the emergency or subsequent actions or conditions,
1 23 regardless of the location at which the active duty service is
1 24 performed.
1 25 (2) Any other member of an armed force on active duty in
1 26 connection with the emergency or subsequent actions or
1 27 conditions who has been assigned to a duty station at a
1 28 location other than the location at which the member is
1 29 normally assigned.
1 30 2. Notwithstanding any other provision of this chapter, in
1 31 the event of a national emergency declared by the president of
1 32 the United States by reason of terrorist attack, the
1 33 commission may waive or modify any statutory or regulatory
1 34 provision applicable to state financial aid programs
1 35 established pursuant to this chapter to ensure, with regard to
2 1 affected individuals, that the following occurs:
2 2 a. The financial positions of affected individuals who are
2 3 state student loan borrowers are not worsened in relation to
2 4 those loans because of their status as affected individuals.
2 5 b. Administrative requirements placed on state student
2 6 loan borrowers are minimized, to the extent possible, without
2 7 impairing the integrity of the student loan programs, to ease
2 8 the burden on these borrowers and to avoid inadvertent
2 9 technical violations or defaults.
2 10 c. The calculation of "annual adjusted family income" and
2 11 "available income", as used in the determination of need for
2 12 student financial assistance under 20 U.S.C. } 1070 et seq.,
2 13 for affected individuals, or, if applicable, for the spouses
2 14 or dependents of affected individuals, may be modified to mean
2 15 the sums received in the first calendar year of the award year
2 16 for which the determination is made, in order to reflect more
2 17 accurately the financial condition of the affected individuals
2 18 or their families.
2 19 3. Notwithstanding any other provision of this chapter, in
2 20 the event of a national emergency declared by the president of
2 21 the United States by reason of terrorist attack, the
2 22 commission may grant temporary relief from requirements
2 23 rendered infeasible or unreasonable, including due diligence
2 24 requirements and reporting deadlines, by the national
2 25 emergency, to an institution of higher education under the
2 26 state board of regents, a community college, an accredited
2 27 private institution as defined in section 261.9, eligible
2 28 lenders, and other entities participating in the state student
2 29 assistance programs in accordance with this chapter, that are
2 30 located in, or whose operations are directly affected by,
2 31 areas that are declared disaster areas by any federal, state,
2 32 or local official in connection with the national emergency.
2 33 If the commission issues a waiver in accordance with this
2 34 section, the report prepared by the commission pursuant to
2 35 section 17A.9A, subsection 5, shall include examples of
3 1 measures that a postsecondary institution may take in the
3 2 appropriate exercise of discretion, as provided in 20 U.S.C. }
3 3 1087tt, to adjust financial need and aid eligibility
3 4 determinations for affected individuals.
3 5 4. This section shall not be construed as a requirement
3 6 that the commission exercise the waiver or modification
3 7 authority provided pursuant to this section on a case-by-case
3 8 basis.
3 9 EXPLANATION
3 10 This bill authorizes the college student aid commission to
3 11 waive or modify, for individuals and entities specified in the
3 12 bill, any statutory or regulatory provision applicable to the
3 13 state financial aid program in the event of a national
3 14 emergency declared by the president of the United States by
3 15 reason of terrorist attack.
3 16 Under the bill, the waivers or modifications may be issued
3 17 for "affected individuals", defined as individuals who are
3 18 serving on active duty during the national emergency; or who
3 19 reside or are employed in an area declared a disaster area by
3 20 any federal, state, or local official in connection with the
3 21 national emergency; or who suffered direct economic hardship
3 22 as a result of the national emergency. The commission may
3 23 issue waivers or make modifications to ensure, with regard to
3 24 affected individuals, that state student loan borrowers are
3 25 not worsened in relation to those loans, administrative
3 26 requirements placed on state student loan borrowers are
3 27 minimized to ease their burdens and avoid inadvertent
3 28 technical violations or defaults, and the calculations used to
3 29 determine financial need for affected individuals or their
3 30 families may be modified to reflect more accurately the
3 31 financial condition of the affected individuals or the
3 32 affected individuals' families.
3 33 The bill also allows the commission to grant temporary
3 34 relief from requirements rendered infeasible or unreasonable
3 35 by the national emergency, to postsecondary education
4 1 institutions, eligible lenders, and other entities
4 2 participating in the state student assistance programs located
4 3 in, or whose operations are directly affected by, areas that
4 4 are declared disaster areas by any federal, state, or local
4 5 official in connection with the national emergency.
4 6 The bill does not require that the authority granted the
4 7 commission be exercised on a case-by-case basis.
4 8 LSB 5163HH 79
4 9 kh/pj/5
Text: HF02012 Text: HF02014 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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