Page:United States Statutes at Large Volume 119.djvu/2074

 119 STAT. 2056

PUBLIC LAW 109–86—OCT. 7, 2005

Public Law 109–86 109th Congress An Act Oct. 7, 2005 [H.R. 3863]

Natural Disaster Student Aid Fairness 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

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