Natural Disaster Student Aid Fairness Act
PL 109-86 (H.R.3863), enacted 10/07/2005

119 STAT. 2057
PUBLIC LAW 109–86—OCT. 7, 2005
(B) waive the allocation reduction for award year 2006–
2007 for an institution returning more than 10 percent
of its allocation under any of those sections.
(2) ELIGIBLE INSTITUTIONS FOR REALLOCATION.—An institu-
tion of higher education may receive a reallocation of excess
allocations under this subsection if the institution—
(A) participates in the program for which excess alloca-
tions are being reallocated; and
(B)(i) is located in an area affected by a Gulf hurricane
disaster; or
(ii) has accepted for enrollment any affected students
in academic year 2005–2006.
(3) BASIS OF REALLOCATION.—The Secretary shall deter-
mine the manner in which excess allocations shall be reallo-
cated to institutions under paragraph (1), and shall give addi-
tional consideration to the needs of institutions located in an
area affected by a Gulf hurricane disaster.
(4) ADDITIONAL WAIVER AUTHORITY.—Notwithstanding any
other provision of law, in order to carry out this subsection,
the Secretary may waive or modify any statutory or regulatory
provision relating to the reallocation of excess allocations under
subpart 3 of part A, part C, or part E of title IV of the
Act in order to ensure that assistance is received by affected
institutions for affected students.
(c) AVAILABILITY OF FUNDS DATE EXTENSION.—Notwithstanding
any other provision of law—
(1) any funds available to the Secretary under sections
413A, 441, and 461 of the Act (20 U.S.C. 1070b; 42 U.S.C.
2751; 20 U.S.C. 1087aa) for which the period of availability
would otherwise expire on September 30, 2005, shall be avail-
able for obligation by the Secretary until September 30, 2006
for the purposes of the programs authorized pursuant to sub-
part 3 of part A, part C, and part E of title IV of the Act,
respectively; and
(2) the Secretary may recall any funds allocated to an
institution of higher education for award year 2004–2005 under
section 413D, 442, or 462 of the Act that, if not returned
to the Secretary as excess allocations pursuant to any of those
sections, would otherwise lapse on September 30, 2005, and
reallocate those funds in accordance with subsection (b)(1).
SEC. 3. EMERGENCY DESIGNATION.
Section 2 of this Act is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
SEC. 4. TERMINATION OF AUTHORITY.
The provisions of this Act shall cease to be effective one year
after the date of the enactment of this Act.
SEC. 5. DEFINITIONS.
In this Act:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Education.
(2) AFFECTED
STUDENT.—The term ‘‘affected student’’
means an individual who has applied for or received student
financial assistance under title IV of the Act, and who—
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119 STAT. 2058
PUBLIC LAW 109–86—OCT. 7, 2005
LEGISLATIVE HISTORY—H.R. 3863:
CONGRESSIONAL RECORD, Vol. 151 (2005):
Sept. 27, considered and passed House.
Sept. 30, considered and passed Senate.
(A) was enrolled or accepted for enrollment, as of
August 29, 2005, at an institution of higher education
in an area affected by a Gulf hurricane disaster;
(B) was a dependent student enrolled or accepted for
enrollment at an institution of higher education that is
not in an area affected by a Gulf hurricane disaster, but
whose parents resided or were employed, as of August
29, 2005, in an area affected by a Gulf hurricane disaster;
or
(C) suffered direct economic hardship as a direct result
of a Gulf hurricane disaster, as determined by the Secretary
using consistent and objective criteria.
(3) GULF HURRICANE DISASTER.—The term ‘‘Gulf hurricane
disaster’’ 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),
and that was caused by Hurricane Katrina or Hurricane Rita.
(4) AREA AFFECTED BY A GULF HURRICANE DISASTER.—The
term ‘‘area affected by a Gulf hurricane disaster’’ means a
county or parish, in an affected State, that has been designated
by the Federal Emergency Management Agency for disaster
assistance for individuals and households as a result of Hurri-
cane Katrina or Hurricane Rita.
(5) AFFECTED STATE.—The term ‘‘affected State’’ means the
State of Alabama, Louisiana, Mississippi, or Texas.
(6) 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).
Approved October 7, 2005.
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119 STAT. 2059
PUBLIC LAW 109–87—OCT. 7, 2005
Public Law 109–87
109th Congress
An Act
To authorize the Secretary of Transportation to make emergency airport improve-
ment project grants-in-aid under title 49, United States Code, for repairs and
costs related to damage from Hurricanes Katrina and Rita.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EMERGENCY USE OF GRANTS-IN-AID FOR AIRPORT
IMPROVEMENTS FOR FISCAL YEARS 2005 AND 2006.
(a) IN GENERAL.—The Secretary of Transportation may make
project grants under part B, subtitle VII, of title 49, United States
Code, from amounts that remain unobligated after the date of
enactment of this Act for fiscal years 2005 and 2006—
(1) from apportioned funds under section 47114 of that
title apportioned to an airport described in subsection (b)(1)
or to a State in which such airport is located; or
(2) from funds available for discretionary grants to such
an airport under section 47115 of such title.
(b) ELIGIBLE AIRPORTS AND USES.—The Secretary may make
grants under subsection (a) for—
(1) emergency capital costs incurred by a public use airport
in Louisiana, Mississippi, Alabama, or Texas that is listed
in the Federal Aviation Administration’s National Plan of
Integrated Airport Systems of repairing or replacing public
use facilities that have been damaged as a result of Hurricane
Katrina or Hurricane Rita; and
(2) emergency operating costs incurred by an airport
described in paragraph (1) as a result of Hurricane Katrina
or Hurricane Rita.
(c) PRIORITIES.—In making grants authorized by subsection
(a), the Secretary shall give priority to—
(1) airport development within the meaning of section
47102 of title 49, United States Code;
(2) terminal development within the meaning of section
47110 of that title;
(3) repair or replacement of other public use airport facili-
ties; and
(4) emergency operating costs incurred at public use air-
ports in Louisiana, Mississippi, Alabama, and Texas.
(d) 
MODIFICATION
OF
CERTAIN
OTHERWISE
APPLICABLE
REQUIREMENTS.—For purposes of any grant authorized by sub-
section (a)—
(1) the Secretary may waive any otherwise applicable
limitation on, or requirement for, grants under section 47102,
47107(a)(17), 47110, or 47119 of title 49, United States Code,
State listing.
Oct. 7, 2005
[S. 1786]
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