H. R. 2638—23 
and made publicly available without regard to section 437 of the 
General Education Provisions Act, section 553 of title 5, United 
States Code, or part B of title VII of the HEA: Provided further, 
That the Secretary shall award funds available under this para-
graph not later than 60 days after the date of the enactment 
of this Act. 
GENERAL PROVISIONS, THIS CHAPTER 
SEC. 10701. (a) EXTENSION OF WAIVER AUTHORITY.—Section 
105 of subtitle A of title IV of division B of Public Law 109– 
148 (119 Stat. 2797) is amended— 
(1) in subsection (b)— 
(A) in the first sentence, by striking ‘‘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) APPLICATION OF WAIVER AUTHORITY TO AREAS AFFECTED 
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 exercised 
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 major disaster under title IV of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act of 1974. 
SEC. 10702. (a) ALLOCATION
AND
USE
OF
CAMPUS-BASED 
HIGHER EDUCATION ASSISTANCE.— 
(1) 
WAIVER
OF
MATCHING
REQUIREMENTS.—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 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 pro-
vided to the institution for the programs authorized 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) ELIGIBLE
INSTITUTIONS
FOR
REALLOCATION.—An 
institution of higher education may receive a reallocation 
of excess allocations under this paragraph if the institu-
tion—
H. R. 2638—24 
(i) participates in the program for which excess 
allocations are being reallocated; and 
(ii) is located in an area affected by a 2008 natural 
disaster. 
(C) BASIS
OF
REALLOCATION.—The Secretary shall 
determine the manner in which excess allocations shall 
be reallocated to institutions under subparagraph (A), and 
shall give additional consideration to the needs of institu-
tions located in an area affected by a 2008 natural disaster. 
(D) ADDITIONAL WAIVER AUTHORITY.—Notwithstanding 
any other provision of law, in order to carry out this para-
graph, the Secretary may waive or modify any statutory 
or regulatory provision relating to the reallocation of excess 
allocations under subpart 3 of part A or part C of title 
IV of the Higher Education Act of 1965 in order to ensure 
that assistance is received by institutions described in sub-
section (a)(2)(B). 
(b) DEFINITIONS.—In this section: 
(1) 2008 NATURAL DISASTER.—The term ‘‘2008 natural dis-
aster’’ 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) 
that was caused by hurricanes, floods, and other natural disas-
ters during calendar year 2008. 
(2) AREA AFFECTED BY A 2008 NATURAL DISASTER.—The term 
‘‘area affected by a 2008 natural disaster’’ means a county 
or parish that has been designated by the Federal Emergency 
Management Agency for disaster assistance for individuals and 
households as a result of a 2008 natural disaster. 
(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ has the meaning given that term 
in section 102 of the Higher Education Act of 1965 (20 U.S.C. 
1002). 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Education. 
CHAPTER 8—MILITARY CONSTRUCTION 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For an additional amount for ‘‘Military Construction, Army 
National Guard’’, $25,000,000, to remain available until September 
30, 2013, for construction due to damages as a result of natural 
disasters: Provided, That notwithstanding any other provision of 
law, such funds may be obligated and expended to carry out plan-
ning and design and military contruction projects not otherwise 
authorized by law: Provided further, That within 30 days of enact-
ment of this Act, the Army National Guard shall submit to the 
Committees on Appropriations of both Houses of Congress an 
expenditure plan for funds provided under this heading.
H. R. 2638—25 
CHAPTER 9—DEPARTMENT OF STATE AND FOREIGN 
OPERATIONS 
INTERNATIONAL COMMISSIONS 
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES 
AND MEXICO 
CONSTRUCTION 
For an additional amount for ‘‘Construction’’, for the water 
quantity program to meet immediate and emergency repair and 
rehabilitation requirements, $37,500,000, to remain available until 
expended: Provided, That up to $3,000,000 may be transferred 
to, and merged with, funds available under the heading ‘‘Inter-
national 
Boundary 
and 
Water 
Commission—Salaries 
and 
Expenses’’: Provided further, That not later than 60 days after 
enactment of this Act, the Commission shall submit to the Commit-
tees on Appropriations of the House of Representatives and the 
Senate a detailed spending plan for funds appropriated under this 
heading. 
CHAPTER 10—TRANSPORTATION AND HOUSING AND 
URBAN DEVELOPMENT 
DEPARTMENT OF TRANSPORTATION 
FEDERAL HIGHWAY ADMINISTRATION 
FEDERAL-AID HIGHWAYS 
EMERGENCY RELIEF PROGRAM 
For an additional amount for the Emergency Relief Program 
as authorized under section 125 of title 23, United States Code, 
$850,000,000, to remain available until expended: Provided, That 
notwithstanding section 125(d)(1) of such title, the Secretary of 
Transportation may obligate more than $100,000,000 for eligible 
expenses in a State in a fiscal year to respond to damage caused 
by Hurricanes Gustav and Ike. 
FEDERAL RAILROAD ADMINISTRATION 
RAILROAD REHABILITATION AND REPAIR 
For necessary expenses for the Secretary of Transportation 
to make grants to repair and rehabilitate Class II and Class III 
railroad infrastructure damaged by hurricanes, floods, and other 
natural disasters in areas for which the President declared a major 
disaster under title IV of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act of 1974, $20,000,000, to remain 
available until expended, and to be awarded to States on a competi-
tive case-by-case basis based on need: Provided, That funds avail-
able under this heading shall be available for repair and rehabilita-
tion of railroad rights-of-way, bridges, signals, and other infrastruc-
ture which is part of the general railroad system of transportation 
and primarily used by railroads to move freight traffic: Provided 
further, That the maximum Federal share for carrying out a project
H. R. 2638—26 
under this heading shall be 80 percent of the project cost with 
the non-Federal share provided only in cash, equipment or supplies: 
Provided further, That the Secretary may retain up to one-half 
of 1 percent of the funds under this heading to fund the oversight 
by the Administrator of the Federal Railroad Administration of 
the design and implementation of projects funded by grants made 
under this heading: Provided further, That the provisions of section 
24312 of title 49, United States Code, shall apply to grantees 
assisted under this heading: Provided further, That grantees must 
exhaust all other Federal and State resources prior to seeking 
assistance under this heading. 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 
PUBLIC AND INDIAN HOUSING 
TENANT-BASED RENTAL ASSISTANCE 
For an additional amount for ‘‘Tenant-Based Rental Assist-
ance’’, as authorized under the United States Housing Act of 1937 
(42 U.S.C. 1437 et seq.), not otherwise provided for, $85,000,000, 
to remain available until expended, for incremental housing assist-
ance, including related administrative expenses, for persons assisted 
under the Disaster Housing Assistance Program whose assistance 
would otherwise end on March 1, 2009. 
PROJECT-BASED RENTAL ASSISTANCE 
For an additional amount to areas impacted by Hurricanes 
Katrina and Rita for project-based vouchers under section 8(o)(13) 
of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)), 
$50,000,000, to remain available until expended. 
PUBLIC HOUSING CAPITAL FUND 
For an additional amount to be made available to the Secretary 
of Housing and Urban Development, $15,000,000, notwithstanding 
any other provision of law, to be used solely for the redevelopment 
of public housing impacted by Hurricanes Katrina and Rita. 
COMMUNITY PLANNING AND DEVELOPMENT 
COMMUNITY DEVELOPMENT FUND 
For an additional amount for the ‘‘Community Development 
Fund’’, for necessary expenses related to disaster relief, long-term 
recovery, and restoration of infrastructure, housing, and economic 
revitalization in areas affected by hurricanes, floods, and other 
natural disasters occuring during 2008 for which the President 
declared a major disaster under title IV of the Robert T. Stafford 
Disaster 
Relief 
and 
Emergency 
Assistance 
Act 
of 
1974, 
$6,500,000,000, to remain available until expended, for activities 
authorized under title I of the Housing and Community Develop-
ment Act of 1974 (Public Law 93–383): Provided, That funds pro-
vided under this heading shall be administered through an entity 
or entities designated by the Governor of each State: Provided 
further, That such funds may not be used for activities reimbursable 
by, or for which funds are made available by, the Federal Emergency