PUBLIC LAW 115–64—SEPT. 29, 2017 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. 

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). 

Hurricanes 

Harvey, Irma, 

and Maria 

Education Relief 

Act of 2017. 

20 USC 6301 

note. 

Sept. 29, 2017 

[S. 1866] 

131 STAT. 1188 PUBLIC LAW 115–64—SEPT. 29, 2017 

(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 

Determination. 

Time periods. 

PUBLIC LAW 115–64—SEPT. 29, 2017 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: 

131 STAT. 1190 PUBLIC LAW 115–64—SEPT. 29, 2017 

LEGISLATIVE HISTORY—S. 1866: 

CONGRESSIONAL RECORD, Vol. 163 (2017): 

Sept. 26, considered and passed Senate. 

Sept. 28, considered and passed House. 

Æ 

‘‘(F) section 4631, with regard to Project SERV.’’. 

Approved September 29, 2017.