[United States Statutes at Large, Volume 131, 115th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 115-64
115th Congress
An Act
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. <>
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).
[[Page 1188]]
(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
[[Page 1189]]
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:
[[Page 1190]]
``(F) section 4631, with regard to Project SERV.''.
Approved September 29, 2017.
LEGISLATIVE HISTORY--S. 1866:
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CONGRESSIONAL RECORD, Vol. 163 (2017):
Sept. 26, considered and passed Senate.
Sept. 28, considered and passed House.