I 

115TH CONGRESS 

2D SESSION H. R. 5850 

To amend the Higher Education Act of 1965 to waive the 90–10 rule 

for proprietary institutions impacted by Hurricanes Irma or Maria. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 16, 2018 

Miss GONZA ́LEZ-COLO ́N of Puerto Rico introduced the following bill; which 

was referred to the Committee on Education and the Workforce 

A BILL 

To amend the Higher Education Act of 1965 to waive the 

90–10 rule for proprietary institutions impacted by Hurricanes Irma or Maria. 

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 ‘‘Puerto Rico Higher 

5 Education Disaster Relief Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) On September 6, 2017, Hurricane Irma 

9 made landfall in Puerto Rico, particularly affecting 


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•HR 5850 IH

1 its east coast and the islands of Vieques and 

2 Culebra. 

3 (2) While Puerto Rico was recovering from 

4 Hurricane Irma, on September 20, 2017, Hurricane 

5 Marı ́a made landfall in Puerto Rico as a category 4 

6 hurricane, being the worst storm to strike the Island 

7 in over 80 years. 

8 (3) Consequently, Puerto Rican institutions of 

9 higher education have faced extraordinary expenses 

10 to continue their operations, such as power genera11 tors, fuel, additional security guards, transportation, 

12 cleaning, reconstruction, food, potable water, among 

13 others. In most cases, the insurance companies are 

14 not covering the damages or losses or have delayed 

15 payments. 

16 (4) Students in Puerto Rico lack the funds to 

17 cover their tuition payment plans because they have 

18 been using such funds to deal with their own ex19 traordinary expenses in the aftermath of Hurricanes 

20 Irma and Marı ́a. While other students are leaving 

21 the Island and continuing their studies in the contig22 uous United States. 

23 (5) As a result of Hurrianes Irma and Maria, 

24 Puerto Rican for-profit higher education institutions 

25 are unable to comply with the 90–10 Rule under 


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1 section 487(a)(24) of the Higher Education Act of 

2 1965 (20 U.S.C. 1084(a)(24)) because they are un3 able to meet the requirement that not less than ten 

4 percent of such institution’s revenues be derived 

5 from sources other than funds provided under title 

6 IV of such Act (20 U.S.C. 1070 et seq.). 

7 SEC. 3. WAIVER OF 90–10 RULE. 

8 Section 487(a)(24) of the Higher Education Act of 

9 1965 (20 U.S.C. 1084(a)(24)) is amended— 

10 (1) by striking ‘‘(24) In the case of’’ and insert11 ing the following: 

12 ‘‘(24)(A) In the case of’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(B) Subparagraph (A) shall not apply 

15 with respect to fiscal years 2018 through 2020 

16 to an institution described in such subpara17 graph (A) that is located in an area declared as 

18 a major disaster under the Robert T. Stafford 

19 Disaster Relief and Emergency Assistance Act 

20 resulting from Hurricane Irma or Maria.’’. 

Æ 


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