[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3863 Enrolled Bill (ENR)]
H.R.3863
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
An Act
To provide the Secretary of Education with waiver authority for the
reallocation rules in the Campus-Based Aid programs, and to extend the
deadline by which funds have to be reallocated to institutions of higher
education due to a natural disaster.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Natural Disaster
Student Aid Fairness Act''.
(b) References.--References in this Act to ``the Act'' are
references to the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).
SEC. 2. ALLOCATION AND USE OF CAMPUS-BASED HIGHER EDUCATION ASSISTANCE.
(a) Waiver of Matching Requirements.--Notwithstanding sections
413C(a)(2), 443(b)(5), and 463(a)(2) of the Act (20 U.S.C. 1070b-
2(a)(2); 42 U.S.C. 2753(b)(5); 20 U.S.C. 1087cc(a)(2)), with respect to
funds made available for academic years 2004-2005 and 2005-2006--
(1) in the case of an institution of higher education located
in an area affected by a Gulf hurricane disaster, the Secretary
shall waive the requirement that a participating institution of
higher education provide a non-Federal share or a capital
contribution, as the case may be, to match Federal funds provided
to the institution for the programs authorized pursuant to subpart
3 of part A, part C, and part E of title IV of the Act; and
(2) in the case of an institution of higher education that has
accepted for enrollment any affected students, the Secretary may
waive that matching requirement after considering the institution's
student population and existing resources, using consistent and
objective criteria.
(b) Waiver of Reallocation Rules.--
(1) Authority to reallocate.--Notwithstanding sections 413D(d),
442(d), and 462(I) of the Act (20 U.S.C. 1070b-3(d); 42 U.S.C.
2752(d); 20 U.S.C. 1087bb(I)), the Secretary shall--
(A) reallocate any funds returned under any of those
sections that were allocated to institutions of higher
education for award year 2004-2005 to an institution of higher
education that is eligible under paragraph (2) of this
subsection; and
(B) waive the allocation reduction for award year 2006-2007
for an institution returning more than 10 percent of its
allocation under any of those sections.
(2) Eligible institutions for reallocation.--An institution of
higher education may receive a reallocation of excess allocations
under this subsection if the institution--
(A) participates in the program for which excess
allocations are being reallocated; and
(B)(i) is located in an area affected by a Gulf hurricane
disaster; or
(ii) has accepted for enrollment any affected students in
academic year 2005-2006.
(3) Basis of reallocation.--The Secretary shall determine the
manner in which excess allocations shall be reallocated to
institutions under paragraph (1), and shall give additional
consideration to the needs of institutions located in an area
affected by a Gulf hurricane disaster.
(4) Additional waiver authority.--Notwithstanding any other
provision of law, in order to carry out this subsection, the
Secretary may waive or modify any statutory or regulatory provision
relating to the reallocation of excess allocations under subpart 3
of part A, part C, or part E of title IV of the Act in order to
ensure that assistance is received by affected institutions for
affected students.
(c) Availability of Funds Date Extension.--Notwithstanding any
other provision of law--
(1) any funds available to the Secretary under sections 413A,
441, and 461 of the Act (20 U.S.C. 1070b; 42 U.S.C. 2751; 20 U.S.C.
1087aa) for which the period of availability would otherwise expire
on September 30, 2005, shall be available for obligation by the
Secretary until September 30, 2006 for the purposes of the programs
authorized pursuant to subpart 3 of part A, part C, and part E of
title IV of the Act, respectively; and
(2) the Secretary may recall any funds allocated to an
institution of higher education for award year 2004-2005 under
section 413D, 442, or 462 of the Act that, if not returned to the
Secretary as excess allocations pursuant to any of those sections,
would otherwise lapse on September 30, 2005, and reallocate those
funds in accordance with subsection (b)(1).
SEC. 3. EMERGENCY DESIGNATION.
Section 2 of this Act is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
SEC. 4. TERMINATION OF AUTHORITY.
The provisions of this Act shall cease to be effective one year
after the date of the enactment of this Act.
SEC. 5. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary of
Education.
(2) Affected student.--The term ``affected student'' means an
individual who has applied for or received student financial
assistance under title IV of the Act, and who--
(A) was enrolled or accepted for enrollment, as of August
29, 2005, at an institution of higher education in an area
affected by a Gulf hurricane disaster;
(B) was a dependent student enrolled or accepted for
enrollment at an institution of higher education that is not in
an area affected by a Gulf hurricane disaster, but whose
parents resided or were employed, as of August 29, 2005, in an
area affected by a Gulf hurricane disaster; or
(C) suffered direct economic hardship as a direct result of
a Gulf hurricane disaster, as determined by the Secretary using
consistent and objective criteria.
(3) Gulf hurricane disaster.--The term ``Gulf hurricane
disaster'' means a major disaster that the President declared to
exist, in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), and
that was caused by Hurricane Katrina or Hurricane Rita.
(4) Area affected by a gulf hurricane disaster.--The term
``area affected by a Gulf hurricane disaster'' means a county or
parish, in an affected State, that has been designated by the
Federal Emergency Management Agency for disaster assistance for
individuals and households as a result of Hurricane Katrina or
Hurricane Rita.
(5) Affected state.--The term ``affected State'' means the
State of Alabama, Louisiana, Mississippi, or Texas.
(6) Institution of higher education.--The term ``institution of
higher education'' has the meaning given that term in section 102
of the Higher Education Act of 1965 (20 U.S.C. 1002).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.