Text: HF02137 Text: HF02139 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2138 1 2 1 3 AN ACT 1 4 AUTHORIZING THE COLLEGE STUDENT AID COMMISSION TO WAIVE OR 1 5 MODIFY STATUTORY OR REGULATORY PROVISIONS APPLICABLE TO 1 6 STATE FINANCIAL AID PROGRAMS FOR AFFECTED STUDENTS IN THE 1 7 EVENT OF A NATIONAL EMERGENCY AND INCLUDING A RETROACTIVE 1 8 APPLICABILITY PROVISION. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 Section 1. NEW SECTION. 261.6 RESPONSE TO NATIONAL 1 13 EMERGENCY WAIVER AUTHORITY. 1 14 1. For purposes of this section, unless the context 1 15 otherwise requires: 1 16 a. "Active duty" means "active duty" as defined in 10 1 17 U.S.C. } 101(d)(1), except that the term does not include 1 18 active duty for training or attendance at a service school. 1 19 b. "Affected individual" means an individual who is 1 20 serving on active duty during the national emergency; or who 1 21 resides or is employed in an area that is declared a disaster 1 22 area by any federal, state, or local official in connection 1 23 with the national emergency; or who suffered direct economic 1 24 hardship as a result of the national emergency, as determined 1 25 under a waiver or modification issued pursuant to this 1 26 section. 1 27 c. "Serving on active duty during the national emergency" 1 28 means any of the following individuals: 1 29 (1) A reserve of an armed force ordered to active duty 1 30 under 10 U.S.C. } 12301(a), 12301(g), 12302, 12304, or 12306, 1 31 or any retired member of an armed force ordered to active duty 1 32 under 10 U.S.C. } 688, as amended, for service in connection 1 33 with the emergency or subsequent actions or conditions, 1 34 regardless of the location at which the active duty service is 1 35 performed. 2 1 (2) Any other member of an armed force on active duty in 2 2 connection with the emergency or subsequent actions or 2 3 conditions who has been assigned to a duty station at a 2 4 location other than the location at which the member is 2 5 normally assigned. 2 6 2. Notwithstanding any other provision of this chapter, in 2 7 the event of a national emergency declared by the president of 2 8 the United States by reason of terrorist attack, the 2 9 commission may waive or modify any statutory or regulatory 2 10 provision applicable to state financial aid programs 2 11 established pursuant to this chapter to ensure, with regard to 2 12 affected individuals, that the following occurs: 2 13 a. The financial positions of affected individuals who are 2 14 state student loan borrowers are not worsened in relation to 2 15 those loans because of their status as affected individuals. 2 16 b. Administrative requirements placed on state student 2 17 loan borrowers are minimized, to the extent possible, without 2 18 impairing the integrity of the student loan programs, to ease 2 19 the burden on these borrowers and to avoid inadvertent 2 20 technical violations or defaults. 2 21 c. The calculation of "annual adjusted family income" and 2 22 "available income", as used in the determination of need for 2 23 student financial assistance under 20 U.S.C. } 1070 et seq., 2 24 for affected individuals, or, if applicable, for the spouses 2 25 or dependents of affected individuals, may be modified to mean 2 26 the sums received in the first calendar year of the award year 2 27 for which the determination is made, in order to reflect more 2 28 accurately the financial condition of the affected individuals 2 29 or their families. 2 30 3. Notwithstanding any other provision of this chapter, in 2 31 the event of a national emergency declared by the president of 2 32 the United States by reason of terrorist attack, the 2 33 commission may grant temporary relief from requirements 2 34 rendered infeasible or unreasonable, including due diligence 2 35 requirements and reporting deadlines, by the national 3 1 emergency, to an institution of higher education under the 3 2 state board of regents, a community college, an accredited 3 3 private institution as defined in section 261.9, eligible 3 4 lenders, and other entities participating in the state student 3 5 assistance programs in accordance with this chapter, that are 3 6 located in, or whose operations are directly affected by, 3 7 areas that are declared disaster areas by any federal, state, 3 8 or local official in connection with the national emergency. 3 9 If the commission issues a waiver in accordance with this 3 10 section, the report prepared by the commission pursuant to 3 11 section 17A.9A, subsection 5, shall include examples of 3 12 measures that a postsecondary institution may take in the 3 13 appropriate exercise of discretion, as provided in 20 U.S.C. } 3 14 1087tt, to adjust financial need and aid eligibility 3 15 determinations for affected individuals. 3 16 4. This section shall not be construed as a requirement 3 17 that the commission exercise the waiver or modification 3 18 authority provided pursuant to this section on a case-by-case 3 19 basis. 3 20 Sec. 2. RETROACTIVE APPLICABILITY. This Act applies 3 21 retroactively to September 11, 2001, and is applicable on and 3 22 after that date. 3 23 3 24 3 25 3 26 BRENT SIEGRIST 3 27 Speaker of the House 3 28 3 29 3 30 3 31 MARY E. KRAMER 3 32 President of the Senate 3 33 3 34 I hereby certify that this bill originated in the House and 3 35 is known as House File 2138, Seventy-ninth General Assembly. 4 1 4 2 4 3 4 4 MARGARET THOMSON 4 5 Chief Clerk of the House 4 6 Approved , 2002 4 7 4 8 4 9 4 10 THOMAS J. VILSACK 4 11 Governor
Text: HF02137 Text: HF02139 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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