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
PL 115-64 (S.1866), enacted 09/29/2017

131 STAT. 1187 
PUBLIC LAW 115–64—SEPT. 29, 2017 
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, Hurri-
cane 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 institu-
tion 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 ‘‘institu-
tion 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] 
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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.—Not-
withstanding 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 Sec-
retary may waive the non-Federal share requirement 
described in subparagraph (A) after considering the institu-
tion’s student population and existing resources. 
(2) WAIVER OF REALLOCATION RULES.— 
(A) AUTHORITY TO REALLOCATE.—Notwithstanding sec-
tions 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 sec-
tion 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 alloca-
tions 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 para-
graph, the Secretary may waive or modify any statutory 
or regulatory provision relating to the reallocation of excess 
Determination. 
Time periods. 
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131 STAT. 1189 
PUBLIC LAW 115–64—SEPT. 29, 2017 
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 assist-
ance is received by institutions of higher education that 
are eligible under subparagraph (B). 
(3) AVAILABILITY
OF
FUNDS
DATE
EXTENSION.—Notwith-
standing 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 avail-
ability 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 Sep-
tember 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: 
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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. 
‘‘(F) section 4631, with regard to Project SERV.’’. 
Approved September 29, 2017. 
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