[Congressional Record Volume 163, Number 156 (Thursday, September 28, 2017)]
[House]
[Pages H7593-H7595]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HURRICANES HARVEY, IRMA, AND MARIA EDUCATION RELIEF ACT OF 2017
Mr. ALLEN. Mr. Speaker, I move to suspend the rules and pass the 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.
The Clerk read the title of the bill.
The text of the bill is 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
(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
[[Page H7594]]
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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Georgia (Mr. Allen) and the gentleman from Virginia (Mr. Scott) each
will control 20 minutes.
The Chair recognizes the gentleman from Georgia.
General Leave
Mr. ALLEN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on S. 1866.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Georgia?
There was no objection.
Mr. ALLEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of S. 1866, the Hurricanes
Harvey, Irma, and Maria Education Relief Act of 2017.
Mr. Speaker, September has been a difficult month for many students
and families in areas such as Texas, Louisiana, Florida, Puerto Rico,
and even my State of Georgia, just to name a few.
We have all seen the truly saddening images of families who have been
impacted by the likes of Hurricanes Harvey, Irma, and Maria, and now we
must come together as a nation to help our fellow Americans recover
from these life-changing storms.
These storms have left many Americans with questions on how to
continue living their daily lives as they try to return to a sense of
normalcy, and students are no exception. Hundreds of thousands of
students have been impacted by these storms, and the Federal Government
must be ready to address the needs of students, as well as their
institutions of learning, so that their education may continue.
The Hurricanes Harvey, Irma, and Maria Education Relief Act of 2017
allows the Department of Education, as well as other Federal entities,
to use the emergency tools at their disposal to immediately assist
students impacted by the storms of this past month without the need of
additional appropriations from Congress.
First, the bill equips the Department of Education with temporary
authority to waive certain rules governing campus-based aid programs
for those institutions impacted by recent hurricanes.
Second, the legislation ensures students and teachers at private
schools receive services under the Project SERV grant program. This
program helps school districts and institutions of higher education
reestablish a safe learning environment after a violent or traumatic
crisis. The program has issued grants to school districts, State
educational agencies, and institutions of higher education after
natural disasters, including Superstorm Sandy. These funds have helped
reopen schools or, in some cases, provided resources to operate a
school at an alternative site while the original site is being
repaired.
Mr. Speaker, Congress has the power to use its resources to help
students and families return to a sense of normalcy after these
terrible storms, and we should do everything within our authority to
help students remain on a pathway to success even in the aftermath of
these storms.
Mr. Speaker, I urge all Members to support S. 1866, and I reserve the
balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of S. 1866, but I also stand concerned
about the humanitarian crisis going on in Puerto Rico and the U.S.
Virgin Islands in the wake of Hurricane Maria and also the other
hurricanes that have been in the area.
More than 3.4 million people reside in Puerto Rico alone--U.S.
citizens who are in need of full support of the Federal Government.
This is more than the population of Wyoming, Vermont, North Dakota, and
Alaska combined--U.S. citizens, yet they have no voting Members of
Congress.
U.S. citizens in Puerto Rico and the Virgin Islands serve in our
military. In fact, Puerto Ricans serve in our military at a rate twice
the general U.S. population, and they are hurting. They are fighting to
survive, and they are in desperate need of food, clean water, medical
supplies, and security.
Hurricane Maria essentially wiped out ports, roads, electricity,
communications, water supply, crops, and many homes. Today, 97 percent
of Puerto Rico's residents are still without power, and 40 percent do
not have access to clean drinking water. So Americans in Puerto Rico
and the Virgin Islands are now homeless, displaced, and without food,
water, fuel, and medication.
Congress and this administration have an obligation to act swiftly
and to act boldly to ease the suffering of our fellow Americans in
Puerto Rico and the Virgin Islands. This bill, the Hurricane Relief
Act, is well-intentioned and a good starting point.
But make no mistake, the limited flexibility offered to those
affected by Hurricanes Harvey, Irma, and Maria in this bill will be
helpful, but the bill does not go far enough to provide the kind of
relief that is needed in Puerto Rico and the Virgin Islands.
These Americans do not have voting representation in Congress that
allows their representatives to most effectively advocate on their
behalf. Therefore, it is incumbent on all of us to stand shoulder to
shoulder with our fellow citizens and provide them with the support
that they desperately need.
This is a life-and-death situation, and any further delay for aid
will lead to unnecessary tragedy. So I urge this body to bring a full
emergency supplemental bill to Puerto Rico and the Virgin Islands to a
vote. The citizens affected by the hurricane are running out of time.
Mr. Speaker, I ask that we pass the bill, but, after we pass it, get
right to work on a full relief bill for Puerto Rico and the Virgin
Islands.
Mr. Speaker, I yield back the balance of my time.
Mr. ALLEN. Mr. Speaker, I would like to add that this legislation
does not call for additional appropriations on the part of Congress and
provides the Department of Education with limited authority to act
until it has sufficiently assisted the students and families of these
impacted regions.
Mr. Speaker, I urge my colleagues to support this important
legislation for the people impacted by Hurricanes Harvey, Irma, and
Maria.
Mr. Speaker, I urge my colleagues to vote in favor of S. 1866, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Georgia (Mr. Allen) that the House suspend the rules and
pass the bill, S. 1866.
[[Page H7595]]
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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