Sec. 204.
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Section 392 of the Higher Education Act of 1965 ( 20 U.S.C. 1068a ) is amended by adding at the end the following: Notwithstanding any other provision of law, unless enacted with specific reference to this section, for any affected institution that was receiving assistance under this title at the time of a covered hurricane disaster, the Secretary shall, for each of the fiscal years 2020 through 2022 (and may, for each of the fiscal years 2023 and 2024)— waive— the eligibility data requirements set forth in section 391(d); the wait-out period set forth in section 313(d); the allotment requirements under section 324; and the use of the funding formula developed pursuant to section 326(f)(3); waive or modify any statutory or regulatory provision to ensure that affected institutions that were receiving assistance under this title at the time of a covered hurricane disaster are not adversely affected by any formula calculation for fiscal year 2020 or for any of the four succeeding fiscal years, as necessary; and make available to each affected institution an amount that is not less than the amount made available to such institution under this title for fiscal year 2017, except that for any fiscal year for which the funds appropriated for payments under this title are less than the appropriated level for fiscal year 2017, the amount made available to such institutions shall be ratably reduced among the institutions receiving funds under this title.
In this subsection: The term affected institution means an institution of higher education that— is— a part A institution (which term shall have the meaning given the term eligible institution under section 312(b)); or a part B institution, as such term is defined in section 322(2), or as identified in section 326(e); is located in a covered area affected by a hurricane disaster; and is able to demonstrate that, as a result of the impact of a covered hurricane disaster, the institution— incurred physical damage; has pursued collateral source compensation from insurance, the Federal Emergency Management Agency, and the Small Business Administration, as appropriate; and was not able to fully reopen in existing facilities or to fully reopen to the pre-hurricane enrollment levels during the 30-day period beginning on September 7, 2017.
The term covered area affected by a hurricane disaster means an area for which the President declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) as a result of Hurricane Maria. The term covered 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 Maria or Hurricane Irma. .
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