[Federal Register Volume 59, Number 22 (Wednesday, February 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2256]
[[Page Unknown]]
[Federal Register: February 2, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 233
RIN 0970-AA70
Aid to Families With Dependent Children and Adult Assistance
Programs Income and Resources Disregards
AGENCY: Administration for Children and Families (ACF), HHS.
ACTION: Final rule.
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SUMMARY: These final rules update the statutory disregards in
regulations for the Aid to Families with Dependent Children (AFDC)
program, and the adult assistance programs in Guam, Puerto Rico and the
Virgin Islands by adding the income and resources disregards provided
under several public laws. The disregards are: (1) Section 479B of the
Higher Education Act of 1965, as amended by Public Law 102-325, the
Higher Education Amendments of 1992, which provides that student
financial assistance received under the programs in title IV of the
Higher Education Act, or under Bureau of Indian Affairs student
assistance programs, will not be taken into account in determining need
or amount of benefits; (2) section 501(c) of Public Law 101-392, the
Carl D. Perkins Vocational and Applied Technology Education Act
Amendments of 1990, which provides that student financial assistance
made for attendance costs will not be counted as income or resources;
(3) section 105 of Public Law 100-383, the Civil Liberties Act of 1988,
which provides that restitution made to individuals of Japanese
ancestry who were interned during World War II will not be counted as
income or resources, and section 206 of Public Law 100-383, the
Aleutian and Pribilof Islands Restitution Act, which provides that
restitution made to Aleuts who were relocated by the United States
government during World War II will not be counted as income or
resources; (4) section 105 of Public Law 100-707, the Disaster Relief
and Emergency Assistance Amendments of 1988, which provides that major
disaster and emergency assistance will not be counted as income or
resources; (5) section 1(a) of Public Law 101-201 and section 10405 of
Public Law 101-239, the Omnibus Budget Reconciliation Act of 1989,
which both provide that Agent Orange payments will not be counted as
income or resources; and (6) section 6(h)(2) of Public Law 101-426, the
Radiation Exposure Compensation Act, which provides that amounts paid
pursuant to this Act will not be counted as income and resources.
These final rules also amend the existing regulations to provide
that bona fide loans will not be counted as income or resources.
effective date: February 2, 1994.
for further information contact: Mr. Mack A. Storrs, Administration for
Children and Families, Office of Family Assistance, Fifth Floor, 370
L'Enfant Promenade, SW., Washington, DC 20447, telephone (202) 401-
9289.
SUPPLEMENTARY INFORMATION:
Notice of Proposed Rulemaking
On July 15, 1991, we published a Notice of Proposed Rulemaking
(NPRM) in the Federal Register relating to updating the statutory
disregards in regulations for the AFDC program, and adult assistance
programs in Guam, Puerto Rico and the Virgin Islands.
Discussion of Regulatory Provisions and Responses to Comments
The final rules implement the disregard provisions of several
public laws and revise existing regulations to require the disregard of
bona fide loans as discussed below:
Disregard of Student Financial Assistance Provided Under the Higher
Education Amendments of 1992 and the Carl D. Perkins Vocational and
Applied Technology Education Act
Higher Education Amendments of 1992
Public Law 102-325, the Higher Education Amendments of 1992,
enacted July 23, 1992, amends the Higher Education Act of 1965.
Effective July 1, 1993, section 471(a) of Public Law 102-325 revises
section 479B to provide that any student financial assistance received
under programs in title IV of the Higher Education Act, or under Bureau
of Indian Affairs student assistance programs, shall be disregarded in
determining the need or eligibility of any person for benefits or
assistance, or the amount of such benefits or assistance, under any
Federal, State, or local programs financed in whole or in part with
Federal funds.
Some examples of student financial assistance authorized by title
IV of the Higher Education Act are: the Pell Grant Program, the
Supplemental Educational Opportunity Grant (SEOG) Program, the National
Direct Student Loan (NDSL) Program, the PLUS Program, the Byrd Honor
Scholarship Programs and the College Work Study Program.
We are adding a new Sec. 233.20(a)(4)(ii)(p) to implement Public
Law 102-325.
Since the regulatory changes related to section 479B of the Higher
Education Act do not involve administrative discretion, but simply
implement statutory requirements, we believe that, under 5 U.S.C.
553(b)(3)(B), good cause exists for waiver of a notice of proposed
rulemaking on the grounds that it is not necessary.
In the NPRM, we proposed to include in regulations the disregard
authorized by the former section 479B, as added by section 14(27) of
Public Law 100-50. The former section 479B limited the disregard to
student financial assistance made available for the attendance costs
defined in that section. Child care and living expenses were not
defined as attendance costs. Therefore, we proposed that assistance for
such costs would not be disregarded under this regulation unless the
educational institution provided for them as part of miscellaneous
personal expenses.
We received comments from three State agencies, one County agency,
and one legal advocacy group on the proposed rule. The comments are
discussed below:
Comment: The commenters recommended that we disregard all of the
educational assistance, including amounts provided for child care and
living expenses, because counting any part of the educational
assistance may inflate State error rates and may be a severe
disincentive to the continuation of post-secondary education.
Response: Effective July 1, 1993, a new statutory amendment
eliminated the limitations on the disregard. Therefore, we have changed
the regulation to implement the new statutory requirement that all
student financial assistance received under programs in title IV of the
Higher Education Act or under Bureau of Indian Affairs educational
assistance programs will be disregarded as income and resources.
Carl D. Perkins Vocational and Applied Technology Education Act
Amendments of 1990
Public Law 101-392, the Carl D. Perkins Vocational and Applied
Technology Education Act Amendments of 1990, enacted September 25,
1990, substantially amended the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.) by authorizing grants
to States and Indian Tribes to carry out various vocational education
assistance programs. Section 221(a)(1) authorizes the use of certain
funds to provide, subsidize, reimburse, or pay for preparatory
services, including instruction in basic academic and occupational
skills, necessary educational materials, and career guidance and
counseling services, in preparation for vocational education and
training that will furnish single parents, displaced homemakers, and
single pregnant women with marketable skills.
Section 507(a) of the Carl D. Perkins Vocational and Applied
Technology Education Act specifies that the portion of any student
financial assistance received under this Act that is made available for
attendance costs defined in section 507(b) of the Act shall not be
considered as income or resources in determining eligibility for
assistance under any other program funded in whole or in part with
Federal funds.
Under section 507(b), attendance costs are defined as:
(1) Tuition and fees normally assessed a student carrying the same
academic workload as determined by the institution, and including costs
for rental or purchase or any equipment, materials, or supplies
required of all students in the same course of study; and
(2) An allowance for books, supplies, transportation, dependent
care and miscellaneous personal expenses for a student attending the
institution on at least a half-time basis, as determined by the
institution.
Living expenses are not designated as attendance costs under
section 507(b). Therefore, such expenses will be disregarded only when
they are provided as part of miscellaneous personal expenses.
Further, section 507 of Public Law 90-575, the Higher Education
Amendments of 1968, and implementing regulations at
Sec. 233.20(a)(4)(ii)(d) require that any grant or loan to an
undergraduate student for educational purposes made or insured under
any program administered by the Department of Education will be
disregarded as income and resources in programs under titles I, IV, X,
XIV, XVI(AABD), or XIX of the Social Security Act.
The combined effect of section 507 of the Carl D. Perkins
Vocational and Applied Technology Education Act and section 507 of the
Higher Education Amendments of 1968 is as follows:
(1) Educational loans and grants provided to undergraduate students
under any programs administered by the Department of Education, except
those in the Carl D. Perkins Vocational and Applied Technology
Education Act, will not be counted as income or resources for purposes
of the AFDC and adult assistance programs; and
(2) Educational assistance provided for attendance costs under
programs in the Carl D. Perkins Vocational and Applied Technology
Education Act will not be counted as income or resources for purposes
of the AFDC and adult assistance programs.
We are revising the regulations at Sec. 233.20(a)(4)(ii)(d) and
adding a new Sec. 233.20(a)(4)(ii)(t) to implement section 501(c) of
Public Law 101-392. In this connection, it should be noted that these
regulations do not preclude the disregard of educational assistance
under any other applicable disregard, e.g., the disregard of bona fide
loans or complementary assistance.
Since the regulatory changes related to section 501(c) of the Carl
D. Perkins Vocational and Applied Technology Education Act do not
involve administrative discretion, but simply implement statutory
requirements, we believe that, under 5 U.S.C. 553(b)(3)(B), good cause
exists for waiver of a notice of proposed rulemaking on the grounds
that it is no necessary.
Disregard of Payments Provided Under the Civil Liberties Act of 1988
and the Aleutian and Pribilof Islands Restitution Act
Civil Liberties Act of 1988
Title I of Public Law 100-383, the Civil Liberties Act of 1988,
provides that restitution shall be made to the United States citizens
and permanent resident aliens of Japanese ancestry who were interned
during World War II.
Section 105 of Public Law 100-383 provides that the Attorney
General shall pay to each eligible individual the sum of $20,000. If
the eligible individual is deceased, the payment will be made to the
eligible individual's spouse, children or parents. Section 105(f)(2)
provides that the amount of such payments shall not be counted as
income or resources for purposes of determining eligibility to receive
benefits described in section 3803(c)(2)(C) of title 31, United States
Code, or the amount of such benefits.
Aleutian and Pribilof Islands Restitution Act
Title II of Public Law 100-383, the Aleutian and Pribilof Islands
Restitution Act, provides that restitution shall be made to any Aleut
living on the date of the enactment of Public Law 100-383 (August 10,
1988) who, as a civilian, was relocated by authority of the United
States from his or her home village on the Pribilof Islands or the
Aleutian Islands west of Unimak Island to an internment camp, or other
temporary facility or location during World War II, or who was born
while his or her natural mother was subject to such relocation.
Section 206 of Public Law 100-383 provides that the Secretary of
the Interior shall pay to each eligible Aleut the sum of $12,000.
Section 206(d)(2) of Public Law 100-383 provides that the amount of
such payments shall not be counted as income or resources for purposes
of determining eligibility to receive benefits described in section
3803(c)(2)(C) of title 31, United States Code, or the amount of such
benefits.
Section 3803(c)(2)(C) of title 31, United States Code, contains a
list of various Federal and federally-assisted programs, including,
among others, the AFDC program. However, the list does not include the
adult assistance programs under titles I, X, XIV, and XVI (AABD) of the
Social Security Act. Therefore, the disregards required by sections
105(f)(2) and 206(d)(2) of Public Law 100-383 do not apply to the adult
assistance programs administered in Guam, Puerto Rico and the Virgin
Islands.
There were no comments on these provisions. Thus, a new
Sec. 233.20(a)(4)(ii)(g) implements the provisions as proposed.
Disregard of Major Disaster and Emergency Assistance
Title I of Public Law 100-707, the Disaster Relief and Emergency
Assistance Amendments of 1988, enacted November 23, 1988, amended the
Disaster Relief Act of 1974 (42 U.S.C. Secs. 5121-5202) to provide for
more effective assistance in response to major disasters and
emergencies.
Section 105 of Public Law 100-707 provides that Federal major
disaster and emergency assistance provided to individuals and families
under this Act, and comparable disaster assistance provided by States,
local governments, and disaster assistance organizations, shall not be
considered as income or resources when determining eligibility for or
benefit levels under federally funded income assistance or resource-
tested benefit programs.
Section 103 of Public Law 100-707 defines an emergency to mean any
occasion or instance for which, in the determination of the President,
Federal assistance is needed to supplement State and local efforts and
capabilities to save lives and to protect property and public health
and safety, or to lessen or avert the threat of a catastrophe in any
part of the United States.
Section 103 defines a major disaster to mean any natural
catastrophe (including any hurricane, tornado, storm, high water,
winddriven water, tidal wave, tsunami, earthquake, volcanic eruption,
landslide, mudslide, snowstorm, or drought), or regardless of cause,
any fire, flood, or explosion, in any part of the United States, which
in the determination of the President causes damage of sufficient
severity and magnitude to warrant major disaster assistance under the
Disaster Relief Act to supplement the efforts and available resources
of States, local governments, and disaster relief organizations in
alleviating the damage, loss, hardship or suffering caused thereby.
There were no comments on the proposed rule. Thus, a new
Sec. 233.20(a)(4)(ii)(r) implements the provision as proposed.
Disregard of Agent Orange Payments
In the In Re Agent Orange product liability case, M.D.L. No. 381
(E.D.N.Y.), several corporations which manufactured the chemical Agent
Orange agreed to pay $180 million into a settlement fund. Under the
settlement, military personnel who were exposed to the chemical Agent
Orange while in Vietnam and who now suffer from total disabilities
caused by any disease, and survivors of deceased veterans who were
exposed to Agent Orange, are eligible for settlement payments.
Section 1 of Public Law 101-201, enacted December 6, 1989,
specifies that, effective January 1, 1989, the payments made from the
Agent Orange Settlement Fund or any other fund pursuant to the
settlement in connection with the case In Re Agent Orange product
liability litigation, M.D.L. No. 381 (E.D.N.Y.), shall not be
considered income or resources in determining eligibility for or the
amount of benefits under any Federal or federally assisted programs.
Section 10405 of Public Law 101-239, enacted December 19, 1989,
also specifies that, effective January 1, 1989, payments from the Agent
Orange settlement fund or any other fund established pursuant to the
settlement shall not be considered income or resources in determining
eligibility for or the amount of benefits under certain specified
Federal or federally assisted programs including, among others, AFDC
(title IV-A of the Social Security Act) and the adult assistance
programs (titles I, X, XIV, and XVI (AABD) of the Act).
There were no comments on the proposed rule. Thus, a new
Sec. 233.20(a)(4)(ii)(s) implements these provisions as proposed.
Disregard of Payments Made Under the Radiation Exposure Compensation
Act
Public Law 101-426, the Radiation Exposure Compensation Act,
enacted October 15, 1990, establishes a program to compensate
individuals for injuries or deaths resulting from the exposure to
radiation from nuclear testing and uranium mining.
The law authorizes a $100 million trust fund from which payments
will be made. Payments may be made until the earlier of the date on
which the $100 million, and any income earned on this amount, is
expended or 22 years after the law was enacted.
Individuals who were injured due to exposure to radiation from
nuclear testing will receive $50,000 each. Individuals who were injured
due to exposure to radiation while employed as uranium miners will
receive $100,000 each. When the affected individual is deceased,
payments will be made to the surviving spouse, children, parents,
grandchildren or grandparents.
Section 6(h)(2) of the Radiation Exposure Compensation Act provides
that amounts paid to an individual pursuant to this law will not be
included as income or resources for purposes of determining eligibility
to receive benefits described in section 3803(c)(2)(C) of title 31,
United States Code, or the amount of such benefits.
Section 3803(c)(2)(C) of title 31, United States Code contains a
list of various Federal and federally-assisted programs including,
among others, the AFDC program. However, the list does not include the
adult assistance programs under titles I, X, XIV, and XVI (AABD) of the
Social Security Act. Therefore, the disregards required by section
6(h)(2) of Public Law 101-426 do not apply to the adult assistance
programs administered in Guam, Puerto Rico, and the Virgin Islands.
Action Transmittal FSA-AT-91-5, dated February 25, 1991, notified the
States of the requirements of Public Law 101-426 to disregard, for
purposes of the AFDC program, compensation received by individuals, or
upon death by the spouse, children, parents, grandchildren, or
grandparents, for injuries sustained by such individuals due to the
exposure to radiation from nuclear testing or uranium mining.
We are adding a new Sec. 233.20(a)(4)(ii)(u) to implement this
provision.
Since the regulatory changes related to section 6(h)(2) of the
Radiation Exposure Compensation Act, Public Law 101-426, do not involve
administrative discretion, but simply implement the statutory
requirements, we believe that, under 5 U.S.C. 553(b)(3)(B) good cause
exists for waiver of a notice of proposed rulemaking on the grounds
that it is not necessary.
Disregard of Bona Fide Loans
Section 223.20(a)(3)(iv)(B) of the existing regulations states
that, in determining the availability of income and resources, loans
which are obtained and used under conditions that preclude their use to
meet current living costs will not be counted as income. Under this
regulation, loans that are available to meet current living expenses
are considered countable income.
However, because of an adverse court decision in the case of
Mangrum v. Griepentrog v. Bowen, 702 F. Supp. 813 (D. Nev. 1988), the
Department of Health and Human Services issued Information Memorandum
FSA-IM-89-1, dated January 3, 1989. The Information Memorandum permits
States the option to disregard bona fide loans as income and resources.
Between January and June 1989, 45 States implemented the option.
These final regulations amend the policy on treatment of loans to
require that States disregard bona fide loans from any source and for
any purpose as income and resources in the determination of eligibility
and the amount of benefits under the AFDC and adult assistance
programs.
The amendment is based on the principles discussed in the Mangrum
court decision. The court stated, with respect to counting loans as
income, that the essential characteristic of a loan is that it must be
repaid. This duty to repay distinguishes loans from wages, personal
injury awards, gifts, child support payments and all other forms of
income. Since the borrower must repay the loan principal in its
entirety (and possibly with interest), the loan principal may not be
income for AFDC purposes.
Although the issue in Mangrum was counting loans as income, the
court also addressed treatment of loans as resources. The court cited
the decision in National Welfare Rights Organization v. Mathews, 533 F.
2d. 637 (DC Cir. 1976), and interpreted that decision to mean that the
actual value of an item, whether it is a financial instrument or
personal property, is its fair market value, less its encumbrances,
that is, its equity value. The court stated that since loans must be
repaid, they are totally encumbered and have no equity value.
Accordingly, it is also not appropriate to treat the loan principal as
a resource under the AFDC program.
The proposed rule stated that funds would be considered a bona fide
loan when an applicant or recipient submits to the State agency one of
several types of documents to verify that funds were provided with the
expectation of repayment so that a legal debt exists.
We received comments on this provision from six State agencies and
two legal advocacy groups. The comments are discussed below:
Comment: All the commenters expressed support for the disregard of
bona fide loans as income and resources. However, most of the
commenters recommended that we expand the definition of a bona fide
loan to include oral contracts because oral contracts are recognized as
valid under Federal and State law. The commenters also recommended that
we remove specific language requiring a written document and allow
States to use a process which will exempt loans if there is an
understanding that the money will be repaid and the borrower can
reasonably explain how the loan will be repaid.
Response: In view of the comments, we have decided to allow each
State to determine what constitutes a bona fide loan. This approach
will provide the recommended flexibility for States to establish
objective and reasonable criteria for determining that a bona fide loan
exists. Therefore, the final regulation will require that each State
include in its State plan criteria for identifying a bona fide loan.
Comment: Two commenters stated that the income of a self-employed
person consists of the total profit--defined as the comparison of gross
receipts with business expenses. The commenters recommended that we
amend the regulations at 45 CFR 233.20(a)(6)(v)(B) to define payments
on business loans as business expenses for the purposes of determining
the profit from a business. They also suggested that we amend the
regulations to disregard any profits derived from loans on a business
enterprise which are kept in a separate account that is used for the
business.
Response: This comment is outside the scope of this rulemaking.
Therefore, we are not addressing it as part of this final regulation.
Comment: Two commenters requested that we amend the regulations to
clarify that only the principal of a loan can be disregarded, and the
disregard does not extend to interest earned on a loan or purchases
made with the proceeds of a loan.
Response: We agree. To clarify that only the principal of a loan
can be disregarded, the final regulation provides that the disregard
does not extend to interest earned on a loan while held by the
borrower, or purchases made with the proceeds of a loan. Consistent
with the general AFDC policy for the treatment of interest earned on
bank accounts, the final rule also provides that interest earned on the
proceeds of a loan while held in a savings account, checking account or
other financial instrument will be counted as unearned income in the
month received and as a resource thereafter.
Accordingly, we have revised the regulation at
Sec. 233.20(a)(3)(iv)(B) and added a new Sec. 233.20(a)(3)(xxi) to
implement this policy.
Regulatory Procedures
Executive Order 12291
These regulations have been reviewed under Executive Order 12291
and do not meet any of the criteria for a major regulation. Therefore,
a regulatory impact analysis is not required because these regulations
will not: (1) Have an annual effect on the economy of $100 million or
more; (2) impose a major increase in costs or prices for consumers,
individual industries, Federal, State or local government agencies or
geographic regions; or (3) result in significant adverse effects on
competition, employment, investment, innovation, or on the ability of
United States-based enterprises to compete with foreign-based
enterprises in domestic or export markets.
Paperwork Reduction Act
This rule does not require any information collection activities
and, therefore, no approvals are necessary under the Paperwork
Reduction Act.
Regulatory Flexibility Act
The Regulatory Flexibility Act (Pub. L. 96-354) requires the
Federal government to anticipate and reduce the impact of regulations
and paperwork requirements on small businesses. The primary impact of
these final rules is on State governments and individuals. Therefore,
we certify that these regulations will not have a significant impact on
a substantial number of small entities because they primarily affect
individuals and States. Thus, a regulatory flexibility analysis is not
required.
(Catalog of Federal Domestic Assistance Programs 93.560, Assistance
Payments-Maintenance Assistance)
List of Subjects in 45 CFR Part 233
Aliens, Grant programs--social programs, Public assistance
programs, Reporting and recordkeeping requirements.
Dated: November 6, 1993.
Mary Jo Bane,
Assistant Secretary for Children and Families.
Approved: January 24, 1994.
Donna E. Shalala,
Secretary of Health and Human Services.
For the reasons set forth in the preamble, part 233 of chapter I,
title 45, Code of Federal Regulations is amended as set forth below:
PART 233--COVERAGE AND CONDITIONS OF ELIGIBILITY IN FINANCIAL
ASSISTANCE PROGRAMS
1. The authority citation for part 233 is revised to read as
follows:
Authority: 42 U.S.C. 301, 602, 602 (note), 606, 607, 1202, 1302,
1352, and 1382 (note); and sec. 6 of Pub. L. 94-114, 89 Stat. 579;
Pub. L. 99-603, 100 Stat. 3359; sec. 4 of Pub. L. 97-458, 96 Stat.
2513; sec. 2 of Pub. L. 98-64, 97 Stat. 365; sec. 1883 of Pub. L.
99-514, 100 Stat. 2916; sec. 15 of Pub. L. 100-241, 101 Stat. 1812;
sec. 105(f) of Pub. L. 100-383, 102 Stat. 908; sec. 206(d) of Pub.
L. 100-383, 102 Stat. 914; sec. 105(i) of Pub. L. 100-707, 102 Stat.
4693; sec. 1(a) of Pub. L. 101-201, 103 Stat. 1795; sec. 10405 of
Pub. L. 101-239, 103 Stat. 2489; sec. 501(c) of Pub. L. 101-392, 104
Stat. 831; sec. 6(h)(2) of Pub. L. 101-426, 104 Stat. 925; and sec.
471(a) of Pub. L. 102-325, 106 Stat. 606.
2. Section 233.20 is amended by revising paragraph (a)(3)(iv)(B),
adding paragraph (a)(3)(xxi), revising paragraph (a)(4)(ii)(d) and
adding paragraphs (a)(4)(ii)(p), (a)(4)(ii)(q), (a)(4)(ii)(r),
(a)(4)(ii)(s), (a)(4)(ii)(t), and (a)(4)(ii)(u) to read as follows:
Sec. 233.20 Need and amount of assistance.
(a) Requirements for State Plans. * * *
(3) Income and Resources * * *
(iv) * * *
(B) Grants, such as scholarships, obtained and used under
conditions that preclude their use for current living costs; * * *
(xxi) Provide that the principal of a bona fide loan will not be
counted as income or resources in the determination of eligibility and
the amount of assistance. Interest earned on a loan is counted as
unearned income in the month received and as resources thereafter and
purchases made with a loan are counted as resources. For purposes of
this paragraph, a loan is considered bona fide when it meets objective
and reasonable criteria included in the State plan.
* * * * *
(4) Disregard of income in OAA, AFDC, AB, APTD, or AABD.* * *
(ii) * * *
(d) Grants or loans to any undergraduate student for educational
purposes made or insured under any programs administered by the
Secretary of Education except the programs under the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2301 et
seq.). Student financial assistance provided under the Carl D. Perkins
Vocational and Applied Technology Education Act will be disregarded in
accordance with paragraph (a)(4)(ii)(t) of this section.
* * * * *
(p) any student financial assistance provided under programs in
title IV of the Higher Education Act of 1965, as amended, and under
Bureau of Indian Affairs education assistance programs.
(q) For AFDC, any payments made as restitution to an individual
under title I of Public Law 100-383 (the Civil Liberties Act of 1988)
or under title II of Public Law 100-383 (the Aleutian and Pribilof
Islands Restitution Act).
(r) Any Federal major disaster and emergency assistance provided
under the Disaster Relief Act of 1974, as amended by Public Law 100-707
(the Disaster Relief and Emergency Assistance Amendments of 1988) and
comparable disaster assistance provided by States, local governments
and disaster assistance organizations.
(s) Any payments made pursuant to the settlement in the In Re Agent
Orange Product liability litigation, M.D.L. No. 381 (E.D.N.Y.).
(t) Student financial assistance made available for the attendance
costs defined in this paragraph under programs in the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2301 et
seq.). Attendance costs are: tuition and fees normally assessed a
student carrying the same academic workload as determined by the
institution, and including costs for rental or purchase of any
equipment, materials, or supplies required of all students in the same
course of study; and an allowance for books, supplies, transportation,
dependent care and miscellaneous personal expenses for a student
attending the institution on at least a half-time basis, as determined
by the institution.
(u) For AFDC, any payments made pursuant to section 6(h)(2) of
Public Law 101-426, the Radiation Exposure Compensation Act.
* * * * *
[FR Doc. 94-2256 Filed 2-1-94; 8:45 am]
BILLING CODE 4150-04-M