Pub. L. 102-368, tit. XI, ch. VI, under "DEPARTMENT OF EDUCATION"
DEPARTMENT OF EDUCATION
DEPARTMENT OF EDUCATION Impact Aid For carrying out disaster assistance activities related to Presidentially-declared natural disasters such as Hurricanes Andrew and Iniki and Typhoon Omar, including those authorized under section 7 of Public Law 81–874, up to $42,500,000, of which $20,000,000 shall be available only to the extent an official budget request, for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, is transmitted by the President to the Congress, to remain available until September 30, 1993: Provided, That these funds shall be available for any currently authorized activity of the Department of Education: Provided further, That the Secretary may waive or modify any requirement of law or regulation which he determines is necessary in order to provide disaster aid as efficiently and expeditiously as possible to individuals or entities affected directly or indirectly by a Presidentially-declared emergency except that waivers or modifications of the Rehabilitation of 1973 shall be limited to restrictions regarding requirements for the matching of Federal funds, maintenance of effort, and time period for the obligation of Federal funds, but only if such recipients demonstrate to the satisfaction of the Secretary in their written application that such restrictions impose a demonstrable barrier to the progress of such recipient in overcoming the effects of the natural disaster: Provided further, That the Secretary may not waive any laws or regulations regarding civil rights, discrimination, or safety: Provided further, That Congress hereby designates this amount as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. 106 STAT. 1150 Educational Excellence For an additional amount for “Educational excellence”, $40,000,000, to remain available through September 30, 1993: Provided, That the entire amount is designated by Congress as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act or 1985, as amended. Student Financial Assistance For an additional amount for “Student financial assistance” for payment of awards for award year 1992–1993, made under title IV, part A, subpart 1 of the Higher Education Act of 1965, as amended prior to enactment of Public Law 102–325, $40,000,000: Provided, That notwithstanding any other provision of law, the Secretary of Education may waive or modify any statutory or regulatory provision applicable to the student financial aid programs under title IV of said Act that the Secretary deems necessary to assist individuals who suffered financial harm from natural disasters such as Hurricanes Andrew and Iniki or Typhoon Omar, and who, at the time the disaster struck were residing, attending an institution of higher education, or employed within these areas on the date which, the President declared the existence of a major disaster (or, in the case of an individual who is a dependent student, whose parent or stepparent suffered financial harm from such disaster, and who resided, or was employed in such an area at that time): Provided further, That notwithstanding section 431 of the General Education Provisions Act (20 U.S.C. 1232) and section 553 of title 5, United States Code, the Secretary shall, by notice in the Federal Register, exercise this authority, through publication of waivers or modifications of statutory and regulatory provisions, as he deems necessary to assist such individuals: Provided further, That such authority shall be in effect only for awards for award year 1992–1993: Provided further, That the entire amount is designated by Congress as an emergency requirement for all purposes of the Emergency Deficit Control Act of 1985, as amended.