†
134
HR 4939 EAS
Stafford Disaster Relief and emergency Assistance Act re-
lated to hurricanes in the Gulf of Mexico in calendar year
2005, $30,000,000 for hurricane related costs: Provided,
That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of
H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
RELATED AGENCIES
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
NATIONAL AND COMMUNITY SERVICE PROGRAMS,
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the Corporation for Na-
tional and Community Service (the ‘‘Corporation’’) for nec-
essary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season,
$20,000,000, to remain available until September 30, 2007:
Provided, That the funds made available under this heading
shall be available for the Civilian Community Corps au-
thorized under subtitle E of title I of the National and Com-
munity Service Act of 1990 (the ‘‘Act’’) (42 U.S.C. 12611
et seq.): Provided further, That the Corporation may trans-
fer funds from the amount provided under the first proviso
to the National Service Trust authorized under subtitle D
of title I of the Act (42 U.S.C. 12601) upon determination
that such transfer is necessary to support the activities of
†
135
HR 4939 EAS
Civilian Community Corps participants and after notice
is transmitted to Congress: Provided further, That the
amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
SOCIAL SECURITY ADMINISTRATION
OFFICE OF INSPECTOR GENERAL
For an additional amount for ‘‘Office of Inspector
General’’, $277,000, to remain available until September
30, 2007, for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 sea-
son: Provided, That the amount provided under this head-
ing is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the con-
current resolution on the budget for fiscal year 2006.
GENERAL PROVISIONS—THIS CHAPTER
DEPARTMENT OF EDUCATION—HURRICANE EDUCATION
RECOVERY
SEC. 2701. (a) AUTHORIZATION OF PROGRAM.—The
Secretary of Education shall establish an Education Relief
Loan Program that includes amounts appropriated under
chapter 7 of title II of this Act and provides from such
amounts funds for long-term, low-interest direct loans to eli-
gible postsecondary educational institutions for direct or in-
†
136
HR 4939 EAS
direct losses incurred on or after August 28, 2005, resulting
from the impact of Hurricanes Katrina and Rita, and re-
covery initiatives of such institutions.
(b) ELIGIBILITY.—In this section, the term ‘‘eligible
postsecondary educational institution’’ means—
(1) a public postsecondary educational institu-
tion that was forced to suspend operations due to the
impact of Hurricanes Katrina and Rita and has not
been able to reopen in existing facilities or fully re-
open to the levels that existed before the impact of
such hurricanes;
(2) a private, nonprofit postsecondary edu-
cational institution that was forced to suspend oper-
ations due to the impact of such hurricanes and has
not been able to reopen in existing facilities or fully
reopen to the levels that existed before the impact of
such hurricanes; or
(3) a public or private school of medicine that
was forced to suspend operations due to the impact of
such hurricanes and has not been able to reopen in
existing facilities or fully reopen to the levels that ex-
isted before the impact of such hurricanes.
(c) REQUIREMENTS
FOR
ASSISTANCE
DUE
TO
LOSSES.—
†
137
HR 4939 EAS
(1) IN GENERAL.—An eligible postsecondary edu-
cational institution that desires to receive assistance
under this section shall—
(A) submit a sworn financial statement and
other appropriate data, documentation, or other
evidence requested by the Secretary of Education
that indicates that the institution incurred losses
resulting from the impact of Hurricanes Katrina
and Rita and the monetary amount of such
losses;
(B) demonstrate that the institution at-
tempted to minimize the cost of any losses by
pursuing collateral source compensation from the
Federal Emergency Management Agency, the
Small Business Administration, and insurance
prior to seeking assistance under this section;
and
(C) demonstrate that the institution has not
been able to reopen in existing facilities or fully
reopen to the levels that existed before the impact
of such hurricanes.
(2) NO
REQUIREMENT
THAT
INSTITUTION
RE-
CEIVE COLLATERAL SOURCE COMPENSATION.—An eli-
gible postsecondary educational institution shall be el-
igible for a loan under this section regardless of
†
138
HR 4939 EAS
whether or not such institution received collateral
source compensation from the Federal Emergency
Management Agency, the Small Business Administra-
tion, or insurance.
(d) USE OF ASSISTANCE.—Assistance received by an
eligible postsecondary educational institution pursuant to
this section may be used for—
(1) direct and indirect construction cost and
clean-up resulting from Hurricanes Katrina and
Rita;
(2) faculty salaries and incentives for retaining
faculty; and
(3) costs of lost tuition, revenue, and enrollment.
(e) AUDIT.—The Secretary of Education and the
Comptroller General of the United States may audit a state-
ment submitted under subsection (c)(1)(A) and may request
any information that the Secretary of Education and
Comptroller General determine necessary to conduct such
an audit.
(f) REDUCTION IN ASSISTANCE.—In calculating assist-
ance to eligible postsecondary educational institutions
under this section, the Secretary of Education shall cal-
culate a figure that reduces from the monetary amount of
losses incurred by such institution, only the amount of col-
lateral source compensation the institution has already re-
†
139
HR 4939 EAS
ceived from insurance, the Federal Emergency Management
Agency, and the Small Business Administration.
(g) REGULATIONS.—Not later than 30 days after the
date of enactment of this section, the Secretary of Education
shall establish terms for the long-term, low-interest direct
loan program and procedures for an application for assist-
ance under this section and minimum requirements for the
program and for receiving assistance under this section, in-
cluding the following:
(1) Forms to be used in submitting request for
assistance.
(2) Procedures to assist in filing and pursing as-
sistance.
(3) Loan repayment and interest rate procedures
and requirements, as specified by the Secretary of
Education and in accordance with the published rule
of October 18, 2005 (44 C.F.R. 206.370–377), imple-
menting the Community Disaster Loan Act of 2005
(Public Law 109–88).
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL
FINANCING PROGRAM
SEC. 2702. (a) In this section:
(1) The term ‘‘affected institution’’ means an in-
stitution of higher education that is—
†
140
HR 4939 EAS
(A) a part B institution, as such term is
defined in section 322 of the Higher Education
Act of 1965 (20 U.S.C. 1061); and
(B) located in an area affected by a Gulf
hurricane disaster.
(2) The terms ‘‘area affected by a Gulf hurricane
disaster’’ and ‘‘Gulf hurricane disaster’’ have the
meanings given such terms in section 209 of the
Higher Education Hurricane Relief Act of 2005
(Public Law 109–148, 119 Stat. 2809).
(b) Notwithstanding any other provision of law (unless
enacted with specific reference to this section), the Secretary
of Education is authorized to waive or modify, as the Sec-
retary determines is necessary, any statutory or regulatory
provision related to historically Black college and univer-
sity capital financing under part D of title III of the High-
er Education Act of 1965 (20 U.S.C. 1066 et seq.), in con-
nection with a Gulf hurricane disaster, to ensure that—
(1) the calculation of financing need under sec-
tion 343 of such Act (20 U.S.C. 1066b) for an affected
institution is modified to reflect any changes in the
financial condition of the institution as a result of the
Gulf hurricane disaster; and
(2) an affected institution that was not receiving
assistance under such part before the Gulf hurricane
†
141
HR 4939 EAS
disaster is eligible to apply for capital financing to
assist in institutional recovery from the Gulf hurri-
cane disaster.
(c)(1) Notwithstanding section 343(b)(1) or any other
provision of title III of the Higher Education Act of 1965
(20 U.S.C. 1066b(b)(1), 1051 et seq.), in carrying out sec-
tion 343 of such Act, a designated bonding authority shall
withhold not more than 1 percent for the cost of issuance
from the proceeds of qualified bonds that are loaned to an
affected institution.
(2) Notwithstanding section 343(b)(3) or any other
provision of title III of the Higher Education Act of 1965
(20 U.S.C. 1066b(b)(3), 1051 et seq.), the interest rate
charged for a loan issued under part D of title III of such
Act, after the date of enactment of this Act and with respect
to an affected institution, shall be a rate of 1 percent for
the period of the loan.
(3) Notwithstanding any other provision of title III
of the Higher Education Act of 1965 (20 U.S.C. 1051 et
seq.), the requirements of section 343(b)(8) and 343(c)(2)
of such Act (20 U.S.C. 1066(b)(8)) shall not apply with re-
spect to an affected institution receiving a loan under part
D of title III of such Act (20 U.S.C. 1066 et seq.).
(d) Notwithstanding any provision of title III of the
Higher Education Act of 1965 (20 U.S.C. 1051 et seq.), or
†
142
HR 4939 EAS
any regulation promulgated under such title, the Secretary
of Education shall grant a deferment, for a period of not
more than 3 years, to an affected institution who has re-
ceived a loan under part D of title III of such Act (20
U.S.C. 1066 et seq.). During the deferment period granted
under this subsection, the affected institution shall not be
required to pay any periodic installment of principal re-
quired under the loan agreement for such loan, and interest
on such loan shall not accrue for the period of the deferment.
(e)(1) Except as provided in paragraph (2), the au-
thority provided under this section to enter into, or modify
or waive the terms of, a loan agreement or insurance agree-
ment under part D of title III of the Higher Education
Act of 1965 (20 U.S.C. 1066 et seq.), or to grant a loan
deferment under subsection (d), shall terminate 1 year after
the date of enactment of this Act.
(2) Any provision of a loan agreement or insurance
agreement modified or waived by the authority under this
section shall remain so modified or waived for the duration
of the period covered by the loan agreement or insurance
agreement.
(f) The amount provided in this section is designated
as an emergency requirement pursuant to section 402 of
H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
†
143
HR 4939 EAS
USE OF SUPPLEMENTAL HIGHER EDUCATION ACT FUNDS
SEC. 2703. Funds available to the Mississippi Insti-
tutes of Higher Learning under the heading ‘‘Department
of Education’’ in Public Law 109–148 may be used to sup-
port activities authorized by part B of title VII of the High-
er Education Act of 1965, as determined necessary by the
Mississippi Institutes of Higher Learning: Provided, That
the amount provided under this section is designated as an
emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
SOCIAL SECURITY ADMINISTRATION
(TRANSFER OF FUNDS)
SEC. 2704. Of the funds made available under the
heading ‘‘Disaster Relief’’ under the heading ‘‘Federal
Emergency Management Agency’’ in chapter 5 of this title,
$38,000,000 is hereby transferred to the Social Security Ad-
ministration for necessary expenses and direct or indirect
losses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season: Provided, That the
amount transferred by this section is designated as an
emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
†
144
HR 4939 EAS
CHAPTER 8
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, NAVY
For an additional amount for ‘‘Military Construction,
Navy’’ for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 sea-
son, $44,770,000, to remain available until September 30,
2010: Provided, That such funds may be obligated or ex-
pended for planning and design and military construction
projects not otherwise authorized by law: Provided further,
That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of
H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Military Construction,
Air Force’’ for necessary expenses related to the con-
sequences of Hurricane Katrina and other hurricanes of the
2005 season, $103,500,000, to remain available until Sep-
tember 30, 2010: Provided, That such funds may be obli-
gated or expended for planning and design and military
construction projects not otherwise authorized by law: Pro-
vided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to sec-
†
145
HR 4939 EAS
tion 402 of H. Con. Res. 95 (109th Congress), the concur-
rent resolution on the budget for fiscal year 2006.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For an additional amount for ‘‘Military Construction,
Army National Guard’’ for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of
the 2005 season, $210,071,000, to remain available until
September 30, 2010: Provided, That such funds may be obli-
gated or expended for planning and design and military
construction projects not otherwise authorized by law: Pro-
vided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to sec-
tion 402 of H. Con. Res. 95 (109th Congress), the concur-
rent resolution on the budget for fiscal year 2006: Provided
further, That the amount appropriated under this heading
in the Emergency Supplemental Appropriations Act to Ad-
dress Hurricanes in the Gulf of Mexico and Pandemic In-
fluenza, 2006 (division B, Public Law 109–148) shall re-
main available until September 30, 2010.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For an additional amount for ‘‘Military Construction,
Air National Guard’’ for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of
the 2005 season, $5,800,000, to remain available until Sep-
tember 30, 2010: Provided, That such funds may be obli-