[Congressional Record Volume 163, Number 154 (Tuesday, September 26, 2017)]
[Senate]
[Pages S6137-S6138]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ALEXANDER:
  S. 1866. A bill to provide the Secretary of Education with waiver 
authority for the reallocation rules and authority to extend the 
deadline by which funds have to be reallocated in the campus-based aid 
programs under the Higher Education Act of 1965 due to Hurricane 
Harvey, Hurricane Irma, and Hurricane Maria, to provide equitable 
services to children and teachers in private schools, and for other 
purposes; considered and passed.

                                S. 1866

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Hurricanes Harvey, Irma, and 
     Maria Education Relief Act of 2017''.

     SEC. 2. ALLOCATION AND USE OF CAMPUS-BASED HIGHER EDUCATION 
                   ASSISTANCE.

       (a) Definitions.--In this section:
       (1) Affected area.--The term ``affected area'' means an 
     area for which the President declared a major disaster or an 
     emergency under section 401 or 501, respectively, of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5170 and 5191) as a result of Hurricane 
     Harvey, Hurricane Irma, Hurricane Maria, Tropical Storm 
     Harvey, Tropical Storm Irma, or Tropical Storm Maria.
       (2) Affected student.--The term ``affected student'' means 
     an individual who has applied for or received student 
     financial assistance under title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1070 et seq.), and who--
       (A) was enrolled or accepted for enrollment on August 25, 
     2017, at an institution of higher education that is located 
     in an affected area;
       (B) is a dependent student who was enrolled or accepted for 
     enrollment on August 25, 2017, at an institution of higher 
     education that is not located in an affected area, but whose 
     parent or parents resided or was employed on August 25, 2017, 
     in an affected area; or
       (C) suffered direct economic hardship as a direct result of 
     Hurricane Harvey, Hurricane Irma, Hurricane Maria, Tropical 
     Storm Harvey, Tropical Storm Irma, or Tropical Storm Maria, 
     as determined by the Secretary.
       (3) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     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.
       (b) Waivers.--
       (1) Waiver of non-federal share requirement.--
     Notwithstanding sections 413C(a)(2) and 443(b)(5) of the 
     Higher Education Act of 1965 (20 U.S.C. 1070b-2(a)(2) and 
     1087-53(b)(5)), with respect to funds made available for 
     award years 2016-2017 and 2017-2018--
       (A) in the case of an institution of higher education that 
     is located in an affected area, the Secretary shall waive the 
     requirement that a participating institution of higher 
     education provide a non-Federal share to match Federal funds 
     provided to the institution for the programs authorized 
     pursuant to subpart 3 of part A and part C of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070b et seq. and 
     1087-51 et seq.); and
       (B) in the case of an institution of higher education that 
     is not located in an affected area but has enrolled or 
     accepted for enrollment any affected students, the Secretary 
     may waive the non-Federal share requirement described in 
     subparagraph (A) after considering the institution's student 
     population and existing resources.
       (2) Waiver of reallocation rules.--
       (A) Authority to reallocate.--Notwithstanding sections 
     413D(d) and 442(d) of the Higher Education Act of 1965 (20 
     U.S.C. 1070b-3(d) and 1087-52(d)), the Secretary shall--
       (i) reallocate any funds returned under such section 413D 
     or 442 of the Higher Education Act of 1965 that were 
     allocated to institutions of higher education for award year 
     2016-2017 to an institution of higher education that is 
     eligible under subparagraph (B); and
       (ii) waive the allocation reduction for award year 2018-
     2019 for an institution of higher education that is eligible 
     under subparagraph (B) returning more than 10 percent of its 
     allocation under such section 413D or 442 of the Higher 
     Education Act of 1965 for award year 2017-2018.
       (B) Institutions eligible for reallocation.--An institution 
     of higher education is eligible under this subparagraph if 
     the institution--
       (i) participates in the program for which excess 
     allocations are being reallocated; and
       (ii)(I) is located in an affected area; or
       (II) has enrolled or accepted for enrollment any affected 
     students in award year 2017-2018.
       (C) Basis of reallocation.--The Secretary shall--
       (i) determine the manner in which excess allocations will 
     be reallocated pursuant to this paragraph; and
       (ii) give preference in making reallocations to the needs 
     of institutions of higher education located in an affected 
     area.
       (D) Additional waiver authority.--Notwithstanding any other 
     provision of law, in order to carry out this paragraph, the 
     Secretary may waive or modify any statutory or regulatory 
     provision relating to the reallocation of excess allocations 
     under subpart 3 of part A or part C of title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070b et seq. and 1087-51 et 
     seq.) in order to ensure that assistance is received by 
     institutions of higher education that are eligible under 
     subparagraph (B).
       (3) Availability of funds date extension.--Notwithstanding 
     any other provision of law--
       (A) any funds available to the Secretary under sections 
     413A and 441 of the Higher Education Act of 1965 (20 U.S.C. 
     1070b and 1087-51) for which the period of availability would 
     otherwise expire on September 30, 2017, shall be available 
     for obligation by the Secretary until September 30, 2018, for 
     the purposes of the programs authorized pursuant to subpart 3 
     of part A and part C of title IV of the Higher Education Act 
     of 1965 (20 U.S.C. 1070b et seq. and 1087-51 et seq.); and
       (B) the Secretary may recall any funds allocated to an 
     institution of higher education for award year 2016-2017 
     under section 413D or 442 of the Higher Education Act of 1965 
     (20 U.S.C. 1070b-3 and 1087-52), that, if not returned to the 
     Secretary as excess allocations pursuant to either of those 
     sections, would otherwise lapse on September 30, 2017, and 
     reallocate those funds in accordance with paragraph (2)(A).
       (c) Emergency Requirement.--This section is designated as 
     an emergency requirement pursuant to section 4(g) of the 
     Statutory Pay-As-You-Go Act of 2010 (title I of Public Law 
     111-139; 2 U.S.C. 933(g)).
       (d) Report.--Not later than October 1, 2018, the Secretary 
     shall submit to the Committee on Health, Education, Labor, 
     and Pensions of the Senate and the Committee on Education and 
     the Workforce of the House of Representatives information 
     on--
       (1) the total volume of assistance received by each 
     eligible institution of higher education under subsection 
     (b)(2); and
       (2) the total volume of the non-Federal share waived for 
     each institution of higher education under subsection (b)(1).
       (e) Sunset.--The provisions of subsection (b) shall cease 
     to be effective on September 30, 2018.

     SEC. 3. PROJECT SERV AND EQUITABLE SERVICES FOR CHILDREN AND 
                   TEACHERS IN PRIVATE SCHOOLS.

       Section 8501(b)(1) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7881(b)(1)) is amended--
       (1) in subparagraph (D), by striking ``and'';
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and

[[Page S6138]]

       (3) by adding at the end the following:
       ``(F) section 4631, with regard to Project SERV.''.

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