Page:United States Statutes at Large Volume 119.djvu/2826

 119 STAT. 2808

PUBLIC LAW 109–148—DEC. 30, 2005

1965, in which eligibility for the program’s benefits, or the amount of such benefits, or both, are determined on the basis of income or resources of the individual or family seeking the benefit, and may include such programs as the supplemental security income program under title XVI of the Social Security Act, the food stamp program under the Food Stamp Act of 1977, the free and reduced price school lunch program established under the Richard B. Russell National School Lunch Act, the temporary assistance to needy families program established under part A of title IV of the Social Security Act, and the women, infants, and children program established under section 17 of the Child Nutrition Act of 1966, and other programs identified by the Secretary. SEC. 207. PROCEDURES.

(a) REGULATORY REQUIREMENTS INAPPLICABLE.—Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a), section 437 of the General Education Provisions Act (20 U.S.C. 1232), and section 553 of title 5, United States Code, shall not apply to this subtitle. (b) NOTICE OF WAIVERS, MODIFICATIONS, OR EXTENSIONS.—Notwithstanding section 437 of the General Education Provisions Act (20 U.S.C. 1232) and section 553 of title 5, United States Code, the Secretary shall make publicly available the waivers, modifications, or extensions granted under this subtitle. (c) CASE-BY-CASE BASIS.—The Secretary is not required to exercise any waiver or modification authority under this subtitle on a case-by-case basis. SEC. 208. TERMINATION OF AUTHORITY.

The authority of the Secretary to issue waivers or modifications under this subtitle shall expire at the conclusion of the 2005– 2006 academic year. SEC. 209. DEFINITIONS.

For the purposes of this subtitle, the following terms have the following meanings: (1) AFFECTED INDIVIDUAL.—The term ‘‘affected individual’’ means an individual who has applied for or received student financial assistance under title IV of the Higher Education Act of 1965, and— (A) who is an affected student; or (B) whose primary place of employment or residency was, as of August 29, 2005, in an area affected by a Gulf hurricane disaster. (2) AFFECTED INSTITUTION.— (A) IN GENERAL.—The term ‘‘affected institution’’ means an institution of higher education that— (i) is located in an area affected by a Gulf hurricane disaster; and (ii) has temporarily ceased operations as a consequence of a Gulf hurricane disaster, as determined by the Secretary. (B) LENGTH OF TIME.—In determining eligibility for assistance under this subtitle, the Secretary, using consistent, objective criteria, shall determine the time period for which an institution of higher education is an affected institution.

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