20 U.S.C. § 1161l–3 | Education Disaster and Emergency Relief…

(a)

Program authorized

The Secretary, in consultation with the Secretary of Homeland Security, is authorized to establish an Education Disaster and Emergency Relief Loan Program for institutions of higher education impacted by a major disaster or emergency declared by the President.

(b)

Use of assistance

The Secretary shall, subject to the availability of appropriations, provide loans under this section to institutions of higher education after the declaration of a major disaster or emergency by the President. Loan funds provided under this section may be used for construction, replacement, renovation, and operations costs resulting from a major disaster or emergency declared by the President.

(c)

Application requirements

To be considered for a loan under this section, an institution of higher education shall—

(1)

submit a financial statement and other appropriate data, documentation, or evidence requested by the Secretary that indicates that the institution incurred losses resulting from the impact of a major disaster or emergency declared by the President, and the monetary amount of such losses;

(2)

demonstrate that the institution had appropriate insurance policies prior to the major disaster or emergency and filed claims, as appropriate, related to the major disaster or emergency; and

(3)

demonstrate that the institution attempted to minimize the cost of any losses by pursuing collateral source compensation from the Federal Emergency Management Agency prior to seeking a loan under this section, except that an institution of higher education shall not be required to receive collateral source compensation from the Federal Emergency Management Agency prior to being eligible for a loan under this section.

(d)

Audit

The Secretary may audit a financial statement submitted under subsection (c) and an institution of higher education shall provide any information that the Secretary determines necessary to conduct such an audit.

(e)

Reduction in loan amounts

To determine the amount of a loan to make available to an institution of higher education under this section, the Secretary shall calculate the monetary amount of losses incurred by such institution as a result of a major disaster or emergency declared by the President, and shall reduce such amount by the amount of collateral source compensation the institution has already received from insurance, the Federal Emergency Management Agency, and the Small Business Administration.

(f)

Establishment of loan program

Prior to disbursing any loans under this section, the Secretary shall prescribe regulations that establish the Education Disaster and Emergency Relief Loan Program, including—

(1)

terms for the loan program;

(2)

procedures for an application for a loan;

(3)

minimum requirements for the loan program and for receiving a loan, including—

(A)

online forms to be used in submitting a request for a loan;

(B)

information to be included in such forms; and

(C)

procedures to assist in filing and pursuing a loan; and

(4)

any other terms and conditions the Secretary may prescribe after taking into consideration the structure of other existing capital financing loan programs under this chapter.

(g)

Definitions

In this section:

(1)

Institution affected by a Gulf hurricane disaster

The term “institution affected by a Gulf hurricane disaster” means an institution of higher education that—

(A)

is located in an area affected by a Gulf hurricane disaster; and

(B)

is able to demonstrate that the institution—

(i)

incurred physical damage resulting from the impact of a Gulf hurricane disaster; and

(ii)

August 29, 2005 was not able to fully reopen in existing facilities or to fully reopen to the pre-hurricane levels for 30 days or more on or after .

(2)

Area affected by a Gulf hurricane disaster; Gulf hurricane disaster

Public Law 109–148119 Stat. 2808 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 (, ).

(3)

Emergency

section 5122(1) of title 42The term “emergency” has the meaning given such term in .

(4)

Institutions of higher education

section 1001 of this titleThe term “institution of higher education” has the meaning given such term in .

(5)

Major disaster

section 5122(2) of title 42The term “major disaster” has the meaning given the term in .

(h)

Effective date

August 14, 2008Loans provided to institutions of higher education pursuant to this section shall be available only with respect to major disasters or emergencies declared by the President that occur after , except that loans may be provided pursuant to this section to an institution affected by a Gulf hurricane disaster with respect to such disaster.

(i)

Authorization of appropriations

There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

Pub. L. 89–329, title VIII, § 824 Pub. L. 110–315, title VIII, § 801Aug. 14, 2008122 Stat. 3410 Pub. L. 111–39, title VIII, § 801(7)July 1, 2009123 Stat. 1956 (, as added , , ; amended , , .)

Editorial Notes

References in Text

section 209 of title IV of div. B of Pub. L. 109–148119 Stat. 2808 Section 209 of the Higher Education Hurricane Relief Act of 2005, referred to in subsec. (g)(2), is , , which is not classified to the Code.

Amendments

Pub. L. 111–39, § 801(7)(A)2009—Subsec. (f)(3)(A). , inserted “a” after “submitting”.

Pub. L. 111–39, § 801(7)(B)Subsec. (f)(3)(C). , substituted “pursuing” for “pursing”.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Pub. L. 111–39 Pub. L. 110–315Aug. 14, 2008section 3 of Pub. L. 111–39 section 1001 of this titleAmendment by effective as if enacted on the date of enactment of (), see , set out as a note under .

Section text and notes