[Congressional Record Volume 163, Number 154 (Tuesday, September 26, 2017)]
[Senate]
[Pages S6142-S6143]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    HURRICANES HARVEY, IRMA, AND MARIA EDUCATION RELIEF ACT OF 2017

  Mr. CORNYN. Mr. President, I would like to address a bill that was 
actually recommended to me by the chairman of the Health, Education, 
Labor, and Pensions Committee, Senator Alexander. I appreciate his 
bringing this matter to my attention. I will explain what it does in a 
moment.
  Basically, it deals with the educational impact of hurricanes on our 
population, whether they be in Texas, whether they be in Florida, or 
whether they be in Puerto Rico. I think it is important, as the 
Presiding Officer knows in his having been to Puerto Rico recently, 
that we deal with all of these hurricanes and their aftermaths in a 
similar and combined and joint fashion.
  This legislation is called the Hurricanes Harvey, Irma, and Maria 
Education Relief Act of 2017, and it has three vital hurricane relief-
related purposes.
  First, it provides the Secretary of Education with the authority to 
waive Federal matching requirements for two campus-based aid programs 
under the Higher Education Act. First is the Federal Supplemental 
Educational Opportunity Grant Program. Second is the Federal Work-Study 
Program. Notably, in my State, 18 campuses of higher education will be 
eligible for the waiver of Federal matching requirements. If not passed 
before September 30, which is on Saturday, if I am not mistaken, these 
matching funds will no longer be available. So this is a rare window of 
opportunity for us. As I said, this waiver of authority and relief was 
also done following Hurricanes Katrina, Rita, and Sandy, I believe.

  No. 2, the bill requires the Secretary to reallocate any remaining 
supplemental educational opportunity grant or Federal work study funds 
from the 2016 and 2017 award years to colleges and universities located 
in hurricane-impacted areas. Currently, this second amount totals $17.5 
million, and if it is not used by the end of September, like these 
matching funds, it will no longer be available. These funds provide 
financial aid to students who have been harmed by the hurricanes at 
those schools.
  Finally, the third thing this bill will do is restore the equitable 
distribution to all schools in the Project School Emergency Response to 
Violence Program.
  These grants go to schools to assist recovery following a crisis. 
They can be used for a wide variety of activities, including mental 
health assessments, emergency transportation needs, and increased costs 
for teacher overtime. My State alone can be expected to submit 
applications for this funding next week, and over 14,000 campuses would 
be eligible. Obviously, given the limited funds, not all of them will 
receive the maximum they could, but the point is, this is a widely 
needed and important source of funds for those 14,000 campuses in Texas 
alone. Previously, Louisiana, New Jersey, New York, and Connecticut all 
received these funds after Katrina and Sandy.
  Colleagues, Congress needs to act or we will forgo our opportunity to 
use all three categories of these funds since, as I said, the time 
expires next Saturday.
  When so many people in my home State of Texas and States such as 
Louisiana and Florida and places such as Puerto Rico are dealing with 
the aftermath of devastating hurricanes, we cannot allow this 
opportunity to go to waste.
  Mr. President, I ask unanimous consent that the Senate proceed to the 
immediate consideration of S. 1866, introduced earlier today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 1866) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the bill be 
considered read a third time and passed and the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1866) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                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

[[Page S6143]]

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

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