Text: S.1866 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-64 (09/29/2017)

 
[115th Congress Public Law 64]
[From the U.S. Government Publishing Office]



[[Page 131 STAT. 1187]]

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. <<NOTE: Sept. 29, 
                          2017 -  [S. 1866]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Hurricanes 
Harvey, Irma, and Maria Education Relief Act of 2017. 20 USC 6301 
note.>> 
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 131 STAT. 1188]]

            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

    (b) <<NOTE: Time periods.>>  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) <<NOTE: Determination.>>  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 131 STAT. 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 131 STAT. 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.

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