I 
110TH CONGRESS 
1ST SESSION H. R. 3946 
To provide for a temporary waiver under part B of title III of the Higher 
Education Act of 1965 for undergraduate historically black colleges and 
universities located in an area affected by a Gulf hurricane disaster. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 23, 2007 
Mr. JEFFERSON (for himself, Mr. MELANCON, Mr. SCOTT of Virginia, Mr. 
DAVIS of Illinois, Mr. PAYNE, and Ms. CLARKE) introduced the following 
bill; which was referred to the Committee on Education and Labor 
A BILL 
To provide for a temporary waiver under part B of title 
III of the Higher Education Act of 1965 for under-
graduate historically black colleges and universities lo-
cated in an area affected by a Gulf hurricane disaster. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Historically Black Col-
leges and Universities Katrina and Rita Relief Act of 
2007’’. 
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SEC. 2. WAIVER AUTHORITY. 
(a) IN GENERAL.—Not withstanding any other provi-
sion of the law, unless enacted with specific reference to 
this section, the Secretary of Education shall waive or 
modify any statutory or regulatory provision related to the 
strengthening institutions program under part B of title 
III of the Higher Education Act of 1965 (20 U.S.C. 1066 
et seq.) in connection with a Gulf hurricane disaster to 
ensure that— 
(1) institutions of higher education that were 
receiving assistance at the time of a Gulf hurricane 
disaster are not adversely impacted by the formula 
calculation for the 2007–2012 funding cycle under 
such part B; and 
(2) any affected institution of higher education 
can, under section 322 of such Act, sustain its fiscal 
year 2006 level of title III funding to assist in insti-
tutional recovery from a Gulf hurricane disaster. 
(b) ALLOTMENTS TO INSTITUTIONS.—For the pur-
pose of calculating the allotments of grants to affected in-
stitutions, the Secretary of Education shall waive the allot-
ment calculation under subsections (a), (b), and (c) of sec-
tion 324 of the Higher Education Act of 1965 (20 U.S.C. 
1051 et seq.), and allot an amount to each affected institu-
tion not less than the amount allotted in fiscal year 2006, 
for fiscal years 2009–2012. 
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(c) NOTICE.—The Secretary shall notify each institu-
tion of higher education affected by the provisions of this 
section. 
SEC. 3. DEFINITIONS. 
For purposes of this Act: 
(1) AFFECTED
INSTITUTION.—The term ‘‘af-
fected institution’’ means an institution of higher 
education that is— 
(A) a part B institution as such term is 
defined in section 322(2) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1061); 
(B) located in an area affected by a Gulf 
hurricane disaster; and 
(C) able to demonstrate that the institu-
tion— 
(i) incurred physical damage resulting 
from the impact of Hurricane Katrina or 
Rita; 
(ii) has pursued collateral source com-
pensation from insurance, the Federal 
Emergency Management Agency, or the 
Small Business Administration, as appro-
priate; and 
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