115TH CONGRESS 

1ST SESSION S. 1866 

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. 
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hurricanes Harvey, 

5 Irma, and Maria Education Relief Act of 2017’’. 

6 SEC. 2. ALLOCATION AND USE OF CAMPUS-BASED HIGHER 

7 EDUCATION ASSISTANCE. 

8 (a) DEFINITIONS.—In this section: 

9 (1) AFFECTED AREA.—The term ‘‘affected 

10 area’’ means an area for which the President de11 clared a major disaster or an emergency under sec12 tion 401 or 501, respectively, of the Robert T. Staf13 ford Disaster Relief and Emergency Assistance Act 

14 (42 U.S.C. 5170 and 5191) as a result of Hurricane 

15 Harvey, Hurricane Irma, Hurricane Maria, Tropical 

16 Storm Harvey, Tropical Storm Irma, or Tropical 

17 Storm Maria. 

18 (2) AFFECTED STUDENT.—The term ‘‘affected 

19 student’’ means an individual who has applied for or 

20 received student financial assistance under title IV 

21 of the Higher Education Act of 1965 (20 U.S.C. 

22 1070 et seq.), and who— 

23 (A) was enrolled or accepted for enrollment 

24 on August 25, 2017, at an institution of higher 

25 education that is located in an affected area; 
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1 (B) is a dependent student who was en2 rolled or accepted for enrollment on August 25, 

3 2017, at an institution of higher education that 

4 is not located in an affected area, but whose 

5 parent or parents resided or was employed on 

6 August 25, 2017, in an affected area; or 

7 (C) suffered direct economic hardship as a 

8 direct result of Hurricane Harvey, Hurricane 

9 Irma, Hurricane Maria, Tropical Storm Har10 vey, Tropical Storm Irma, or Tropical Storm 

11 Maria, as determined by the Secretary. 

12 (3) INSTITUTION OF HIGHER EDUCATION.—The 

13 term ‘‘institution of higher education’’ has the 

14 meaning given the term in section 102 of the Higher 

15 Education Act of 1965 (20 U.S.C. 1002). 

16 (4) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Education. 

18 (b) WAIVERS.— 

19 (1) WAIVER OF NON-FEDERAL SHARE REQUIRE20 MENT.—Notwithstanding sections 413C(a)(2) and 

21 443(b)(5) of the Higher Education Act of 1965 (20 

22 U.S.C. 1070b–2(a)(2) and 1087–53(b)(5)), with re23 spect to funds made available for award years 2016– 

24 2017 and 2017–2018— 
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1 (A) in the case of an institution of higher 

2 education that is located in an affected area, 

3 the Secretary shall waive the requirement that 

4 a participating institution of higher education 

5 provide a non-Federal share to match Federal 

6 funds provided to the institution for the pro7 grams authorized pursuant to subpart 3 of part 

8 A and part C of title IV of the Higher Edu9 cation Act of 1965 (20 U.S.C. 1070b et seq. 

10 and 1087–51 et seq.); and 

11 (B) in the case of an institution of higher 

12 education that is not located in an affected area 

13 but has enrolled or accepted for enrollment any 

14 affected students, the Secretary may waive the 

15 non-Federal share requirement described in 

16 subparagraph (A) after considering the institu17 tion’s student population and existing re18 sources. 

19 (2) WAIVER OF REALLOCATION RULES.— 

20 (A) AUTHORITY TO REALLOCATE.—Not21 withstanding sections 413D(d) and 442(d) of 

22 the Higher Education Act of 1965 (20 U.S.C. 

23 1070b–3(d) and 1087–52(d)), the Secretary 

24 shall— 
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1 (i) reallocate any funds returned 

2 under such section 413D or 442 of the 

3 Higher Education Act of 1965 that were 

4 allocated to institutions of higher education 

5 for award year 2016–2017 to an institu6 tion of higher education that is eligible 

7 under subparagraph (B); and 

8 (ii) waive the allocation reduction for 

9 award year 2018–2019 for an institution 

10 of higher education that is eligible under 

11 subparagraph (B) returning more than 10 

12 percent of its allocation under such section 

13 413D or 442 of the Higher Education Act 

14 of 1965 for award year 2017–2018. 

15 (B) INSTITUTIONS ELIGIBLE FOR RE16 ALLOCATION.—An institution of higher edu17 cation is eligible under this subparagraph if the 

18 institution— 

19 (i) participates in the program for 

20 which excess allocations are being reallo21 cated; and 

22 (ii)(I) is located in an affected area; 

23 or 
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1 (II) has enrolled or accepted for en2 rollment any affected students in award 

3 year 2017–2018. 

4 (C) BASIS OF REALLOCATION.—The Sec5 retary shall— 

6 (i) determine the manner in which ex7 cess allocations will be reallocated pursu8 ant to this paragraph; and 

9 (ii) give preference in making realloca10 tions to the needs of institutions of higher 

11 education located in an affected area. 

12 (D) ADDITIONAL WAIVER AUTHORITY.— 

13 Notwithstanding any other provision of law, in 

14 order to carry out this paragraph, the Secretary 

15 may waive or modify any statutory or regu16 latory provision relating to the reallocation of 

17 excess allocations under subpart 3 of part A or 

18 part C of title IV of the Higher Education Act 

19 of 1965 (20 U.S.C. 1070b et seq. and 1087–51 

20 et seq.) in order to ensure that assistance is re21 ceived by institutions of higher education that 

22 are eligible under subparagraph (B). 

23 (3) AVAILABILITY OF FUNDS DATE EXTEN24 SION.—Notwithstanding any other provision of 

25 law— 
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1 (A) any funds available to the Secretary 

2 under sections 413A and 441 of the Higher 

3 Education Act of 1965 (20 U.S.C. 1070b and 

4 1087–51) for which the period of availability 

5 would otherwise expire on September 30, 2017, 

6 shall be available for obligation by the Secretary 

7 until September 30, 2018, for the purposes of 

8 the programs authorized pursuant to subpart 3 

9 of part A and part C of title IV of the Higher 

10 Education Act of 1965 (20 U.S.C. 1070b et 

11 seq. and 1087–51 et seq.); and 

12 (B) the Secretary may recall any funds al13 located to an institution of higher education for 

14 award year 2016–2017 under section 413D or 

15 442 of the Higher Education Act of 1965 (20 

16 U.S.C. 1070b–3 and 1087–52), that, if not re17 turned to the Secretary as excess allocations 

18 pursuant to either of those sections, would oth19 erwise lapse on September 30, 2017, and reallo20 cate those funds in accordance with paragraph 

21 (2)(A). 

22 (c) EMERGENCY REQUIREMENT.—This section is 

23 designated as an emergency requirement pursuant to sec24 tion 4(g) of the Statutory Pay-As-You-Go Act of 2010 

25 (title I of Public Law 111–139; 2 U.S.C. 933(g)). 
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1 (d) REPORT.—Not later than October 1, 2018, the 

2 Secretary shall submit to the Committee on Health, Edu3 cation, Labor, and Pensions of the Senate and the Com4 mittee on Education and the Workforce of the House of 

5 Representatives information on— 

6 (1) the total volume of assistance received by 

7 each eligible institution of higher education under 

8 subsection (b)(2); and 

9 (2) the total volume of the non-Federal share 

10 waived for each institution of higher education under 

11 subsection (b)(1). 

12 (e) SUNSET.—The provisions of subsection (b) shall 

13 cease to be effective on September 30, 2018. 

14 SEC. 3. PROJECT SERV AND EQUITABLE SERVICES FOR 

15 CHILDREN AND TEACHERS IN PRIVATE 

16 SCHOOLS. 

17 Section 8501(b)(1) of the Elementary and Secondary 

18 Education Act of 1965 (20 U.S.C. 7881(b)(1)) is amend19 ed— 

20 (1) in subparagraph (D), by striking ‘‘and’’; 

21 (2) in subparagraph (E), by striking the period 

22 at the end and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 
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1 ‘‘(F) section 4631, with regard to Project 

2 SERV.’’. 

Passed the Senate September 26, 2017. 

Attest: 

Secretary. 
115TH CONGRESS 

1ST SESSION S. 1866 

AN ACT 

To provide the Secretary of Education with waiver 

other purposes. dren and teachers in private schools, and for cane Maria, to provide equitable services to chilHurricane Harvey, Hurricane Irma, and Hurriunder the Higher Education Act of 1965 due to reallocated in the campus–based aid programs to extend the deadline by which funds have to be authority for the reallocation rules and authority