12 2 STA T .3597PUBLIC LA W 11 0– 329 — S E PT. 30 , 200 8(i)part i c ipat es i n t h epr og ra mf or w hich e x cess a l locations are b eing reallocate d; and (ii) is located in an area affected b y a 20 0 8 nat u ral disaster . ( C ) BASI S OFRE A L LO C A T IO N . —T he S ecretary shall determine the manner in which excess allocations shall be reallocated to institutions under subparagraph ( A ) , and shall gi v e additional consideration to the needs of institu - tions located in an area affected by a 2008 natural disaster. ( D )A D DITIONAL W AI V ERA U T H ORIT Y .— N otwithstanding 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 ofpartAorpartCoftitle IV of the H igher E ducation 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 ’ ’meansama j or disaster that the P resident declared to exist, in accordance with section 4 01 of the R obert T. Stafford Disaster Relief and Emergency Assistance Act (42 U .S.C. 51 7 0) that was caused by hurricanes, floods, and other natural disas- ters during calendar year 2008. (2) AREA AFFECTED B YA 20 0 8 NATURAL DISASTER.—The term ‘‘area affected by a 2008 natural disaster’’ means a county or parish that has been designated by the F ederal Emergency M anagement Agency for disaster assistance for individuals and households as a result of a 2008 natural disaster. (3) INSTITUTION OF HI G HER 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—MI L ITAR Y C O NSTRUCTION DEPARTMENT OF DEFENSE MILITARY CONSTRUCTION, AR M Y NATIONAL G UARD 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: Provide d, 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 authori z ed by law: Provided fu r th er, 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. Deadlin e .Exp endi tur e plan.
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