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
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Jun 20 03:31:07 CDT 2002
URL: /DOCS/GA/79GA/Legislation/HF/02100/HF02138/020322.html
jhf