Page:United States Statutes at Large Volume 122.djvu/3619

 12 2 STA T .3596PUBLIC LA W 11 0– 329 — S E PT. 30 , 200 8andm ad epublic l y a v ailable w i tho ut r e g ard to s ection 437 o f the G eneral E ducation P rovisions A ct , section 5 53 of title 5, U nited S tates C ode, or part B of title VI Iofthe H EA
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d fu r th er, T hat the Secretary shall award funds available under this para - graph not later than 60 days after the date of the enactment of this Act . GE N E R A L PR O VISIONS, THIS CHAPTER S EC . 1 0701. ( a ) E XT E NSIO NO FWA I V E R A U T H ORIT Y . — Section 105 of subtitle A of title IV of division B of Public Law 10 9– 14 8 (119 Stat. 2 797) is amended— (1) in subsection (b)— (A) in the first sentence, by stri k ing ‘ ‘for fiscal year 2007. ’ ’ and inserting ‘‘for any of fiscal years 2007 through 2009.’’ and (B) by striking the second sentence; and (2) in subsection (c)(2), by striking ‘‘for fiscal year 2006 or 2007’’ and inserting ‘‘for any fiscal year’’. (b) A P P L ICATION OF WAIVER AUTHORITY TO AREAS AFFECTE D IN 2008.—The authority of the Secretary of Education under section 105 of subtitle A of title IV of division B of Public Law 109– 148 (119 Stat. 2797), as amended by subsection (a), may be e x ercised with respect to an entity in an area affected by hurricanes, floods, and other natural disasters occurring during 2008 for which the President declared a ma j or disaster under title IV of the Robert T. Stafford D isaster Relief and Emergency Assistance Act of 1974. SEC. 10702. (a) ALLOCATION AND USE OF CA M PUS-BASED HI G HER EDUCATION ASSISTANCE.— (1) WAIVER OF MATCHING RE Q UIREMENTS.—Notwith- standing sections 413C(a)(2) and 443(b)(5) of the Higher Edu- cation Act of 1965 (20 U.S.C. 1070b-2(a)(2); 42 U.S.C. 2753(b)(5)), with respect to funds made available for academic year 2009-2010 to an institution of higher education located in an area affected by a 2008 natural disaster, the Secretary shall waive the re q uirement that a participating institution of higher education provide a non- F ederal share or a capital contribution, as the case may be, to match Federal funds pro- vided to the institution for the programs authori z ed pursuant to subpart 3 of part A and part C of title IV of such Act. (2) WAIVER OF REALLOCATION RULES.— (A) AUTHORITY TO REALLOCATE.—Notwithstanding sec- tions 413D(d) and 442(d) of the Higher Education Act of 1965 (20 U.S.C. 1070b-3(d); 42 U.S.C. 2752(d)), the Sec- retary shall— (i) reallocate any funds returned under any of those sections that were allocated to institutions of higher education for award year 2008–2009 to an institution of higher education that is eligible under this para- graph; and (ii) waive the allocation reduction for award year 2009-2010 for an institution returning more than 10 percent of its allocation under any of those sections. (B) ELIGI B LE INSTITUTIONS FOR REALLOCATION.—An institution of higher education may receive a reallocation of excess allocations under this paragraph if the institu- tion— Deadlin e .

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