Page:United States Statutes at Large Volume 120.djvu/206

 PUBLIC LAW 109–171—FEB. 8, 2006

120 STAT. 175

‘‘(i) file, or are eligible to file, a form described in subsection (b)(3); ‘‘(ii) certify that the parents are not required to file a Federal income tax return; or ‘‘(iii) received, or the student received, benefits at some time during the previous 12-month period under a means-tested Federal benefit program as defined under subsection (d); and’’; and (ii) by striking subparagraph (B) and inserting the following: ‘‘(B) the sum of the adjusted gross income of the parents is less than or equal to $20,000; or’’; and (B) in paragraph (2)— (i) by striking subparagraph (A) and inserting the following: ‘‘(A) the student (and the student’s spouse, if any)— ‘‘(i) files, or is eligible to file, a form described in subsection (b)(3); ‘‘(ii) certifies that the student (and the student’s spouse, if any) is not required to file a Federal income tax return; or ‘‘(iii) received benefits at some time during the previous 12-month period under a means-tested Federal benefit program as defined under subsection (d); and’’; and (ii) by striking subparagraph (B) and inserting the following: ‘‘(B) the sum of the adjusted gross income of the student and spouse (if appropriate) is less than or equal to $20,000.’’; and (3) by adding at the end the following: ‘‘(d) DEFINITION OF MEANS-TESTED FEDERAL BENEFIT PROGRAM.—In this section, the term ‘means-tested Federal benefit program’ means a mandatory spending program of the Federal Government, other than a program under this title, in which eligibility for the program’s benefits, or the amount of such benefits, are determined on the basis of income or resources of the individual or family seeking the benefit, and may include such programs as— ‘‘(1) the supplemental security income program under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); ‘‘(2) the food stamp program under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); ‘‘(3) the free and reduced price school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); ‘‘(4) the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); ‘‘(5) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); and ‘‘(6) other programs identified by the Secretary.’’. (b) EVALUATION OF SIMPLIFIED NEEDS TEST.— (1) ELIGIBILITY GUIDELINES.—The Secretary of Education shall regularly evaluate the impact of the eligibility guidelines in subsections (b)(1)(A)(i), (b)(1)(B)(i), (c)(1)(A), and (c)(2)(A)

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20 USC 1087ss note.

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