12 2 STA T .3 1 86PUBLIC LA W 11 0– 31 5— AU G .1 4, 2008 ‘ ‘ (iv)theus e of the fu nd in g fo rm u la develo p ed pursuant to se c tion 326 (f)(3)
‘‘( B ) w aive or modif y any statutory or regulatory provi - sion to ensure that affected institutions that were receiving assistance under this title at the time of a G ulf hurricane disaster are not adversely affected b y any formula calcula- tion for fiscal year 2 0 0 9 or for any of the four succeeding fiscal years , as necessary; and ‘‘( C )ma k e available to each affected institution an amount that is not less than the amount made available to such institution under this title for fiscal year 2006, e x cept that for any fiscal year for which the funds appro- priated for payments under this title are less than the appropriated level for fiscal year 2006, the amount made available to such institutions shall be ratably reduced among the institutions receiving funds under this title . ‘‘(2) DEFIN I T I O N S . —I n this subsection
‘‘( A ) AFFE C TE D INSTIT U TION.— T he term ‘affected institution ’ means an institution of higher education that— ‘‘(i) is— ‘‘(I) a part A institution (which term shall have the meaning given the term ‘eligible institu- tion’ under section 3 1 2(b)); or ‘‘(II) a part B institution, as such term is defined in section 322(2), or as identified in section 326(e); ‘‘(ii) is located in an area affected by a Gulf hurri- cane disaster; and ‘‘(iii) is able to demonstrate that, as a result of the impact of a Gulf hurricane disaster, the institu- tion— ‘‘(I) incurred physical damage; ‘‘(II) has pursued collateral source compensa- tion from insurance, the F ederal E mergency M anagement Agency, and the S mall Business Administration, as appropriate; and ‘‘(III) was not able to fully reopen in existing facilities or to fully reopen to the pre-hurricane enrollment levels during the 30-day period begin- ning on August 29, 200 5 . ‘‘(B) A R E A AFFECTED BY A G U L F H URRICANE DISASTER; GULF HURRICANE DISASTER.—The terms ‘area affected by a Gulf hurricane disaster’ and ‘Gulf hurricane disaster’ have the meanings given such terms in section 209 of the H igher Education Hurricane R elief Act of 2005 ( P ublic L aw 109 – 1 48 , 119 Stat. 2809).’’. SEC.319 . AUTHORIZ ATIO N O F A P PROPRIATIONS. Section 399(a) (20 U .S.C. 1068h(a)) is amended to read as follows: ‘‘(a) AUTHORI Z ATIONS.— ‘‘(1) PART A.—(A) There are authori z ed to be appropriated to carry out part A (other than sections 316 through 320), $ 135,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. ‘‘(B) There are authorized to be appropriated to carry out section 316, $30,000,000 for fiscal year 2009, and such sums
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