20 U.S.C. § 1001: General definition of institution of higher education

admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of section 1091(d) of this title ; is legally authorized within such State to provide a program of education beyond secondary education; provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; is a public or other nonprofit institution; and is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. any school that provides not less than a 1-year program of training to prepare students for gainful employment in a recognized occupation and that meets the provision of paragraphs (1), (2), (4), and (5) of subsection (a); and who are beyond the age of compulsory school attendance in the State in which the institution is located; or who will be dually or concurrently enrolled in the institution and a secondary school. For purposes of this section and section 1002 of this title , the Secretary shall publish a list of nationally recognized accrediting agencies or associations that the Secretary determines, pursuant to subpart 2 of part H of subchapter IV, to be reliable authority as to the quality of the education or training offered. Except as provided in subsection (b), this Act and the amendments made by this Act [see Tables for classification] shall take effect on October 1, 1980 . The amendment made by section 301 of this Act to title III of the Act [enacting subchapter III of this chapter] shall take effect October 1, 1981 . The amendment made by section 404(c)(4) of this Act to section 415C(b)(4) of the Act [amending section 1070c–2 of this title ] shall be effective October 1, 1979 . The amendment made by section 405 to subpart 4 of part A of title IV of the Act [amending subpart 4 of part A of subchapter IV of this chapter generally] shall take effect October 1, 1981 . The amendments made by part B of title IV of this Act [enacting sections 1077a, 1078–2, 1083a, and 1087–1a of this title and amending sections 1074, 1075, 1077, 1078, 1078–1, 1080, 1082, 1085, 1087–1, and 1087–2 of this title] shall take effect, except as otherwise provided therein, on January 1, 1981 , and to the extent such amendments make changes in such part B which affect student loans, such changes shall apply to outstanding loans as well as to loans made after the amendments take effect, except that the amendments made by section 415(b) [amending sections 1077(a)(2)(B) and 1078(b)(1)(E) of this title] shall apply with respect to any loan to cover the cost of instruction for any period of instruction beginning on or after January 1, 1981 , to any student borrower who has no outstanding balance of principal or interest on any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 [part B of subchapter IV of this chapter] on the date on which the borrower enters into the note or other written evidence of the loan. The amendments made by part D of title IV of this Act [enacting sections 1087cc–1, 1087hh, and 1087ii of this title and amending sections 1087aa to 1087gg of this title] shall apply to loans made under part E of the Act [ 20 U.S.C. 1087aa et seq.] on or after October 1, 1980 . The amendment made by section 701 of this Act adding section 731 of the Act [former section 1132d of this title ] shall apply to loans made under section 731 on or after October 1, 1980 .” as specifically otherwise provided; and that each amendment made by this Act (not subject to clause (1) of this section) providing for authorization of appropriations shall take effect July 1, 1976 .” such grant shall not be included in the gross income of such individual for purposes of the Internal Revenue Code of 1986 [ 26 U.S.C. 1 et seq.], and such grant shall not be treated as described in subparagraph (A), (B), or (C) of section 25A(g)(2) of such Code [ 26 U.S.C. 25A(g)(2) ]. any emergency financial aid grant awarded by an institution of higher education under section 3504 of the CARES Act [ section 3504 of Pub. L. 116–136 , set out below], any emergency financial aid grant from an institution of higher education made with funds made available under section 18004 of the CARES Act [ Pub. L. 116–136 , 20 U.S.C. 3401 note], and any other emergency financial aid grant made to a student from a Federal agency, a State, an Indian tribe, an institution of higher education, or a scholarship-granting organization (including a tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.5304 [sic])) for the purpose of providing financial relief to students enrolled at institutions of higher education in response to a qualifying emergency (as defined in section 3502(a)(4) of the CARES Act [ section 3502(a)(4) of Pub. L. 116–136 , set out below]). This section shall not apply to that portion of any amount received which represents payment for teaching, research, or other services required as a condition for receiving the qualified emergency financial aid grant. This section shall apply to qualified emergency financial aid grants made after March 26, 2020 .” Not later than 90 days after the effective date of this section [see Effective Date of 2020 Amendment note set out above], the Secretary of Education shall repay each institution of higher education’s outstanding balance of principal, interest, fees, and costs on the disbursed loan amounts (as of such effective date) under each applicable closed loan agreement, including paying any reimbursement (including reimbursements of escrow and return of fees and deposits) relating to the applicable closed loan agreement that are usual and customary when the loan is paid off by the institution. A closed loan agreement executed before the date of enactment of this Act [ Dec. 27, 2020 ] and made under part D of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1066 et seq.). section 3512 of the CARES Act [ Pub. L. 116–136 ] ( 20 U.S.C. 1001 note); title III of division A of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ; 133 Stat. 2586 ) [see Tables for classification]; title III of division B of the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 ( Public Law 115–245 ; 132 Stat. 3097 ) [see Tables for classification]; or title III of division H of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ; 132 Stat. 741 ) [see Tables for classification]. There are authorized to be appropriated, and there are appropriated, out of any amounts in the Treasury not otherwise appropriated, such sums as may be necessary to carry out subsection (a). Notwithstanding section 701(b) [set out as a note above], this section shall take effect on the date of enactment of this Act [ Dec. 27, 2020 ].” Sixty days after June 30, 2023 , the waivers and modifications described in subsection (c) shall cease to be effective. Except as expressly authorized by an Act of Congress enacted after the date of enactment of this Act [ June 3, 2023 ], the Secretary of Education may not use any authority to implement an extension of any executive action or rule specified in subsection (c). described by the Department of Education in the Federal Register on October 12, 2022 (87 Fed. Reg. 61513 et seq.); and most recently extended in the announcement by the Department of Education on November 22, 2022 .” The term ‘coronavirus’ has the meaning given the term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–123 [ 134 Stat. 155 ]). The term ‘foreign institution’ means an institution of higher education located outside the United States that is described in paragraphs (1)(C) and (2) of section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) ). The term ‘institution of higher education’ has the meaning of the term under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). a public health emergency related to the coronavirus declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); an event related to the coronavirus 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); or a national emergency related to the coronavirus declared by the President under section 201 of the National Emergencies Act ( 50 U.S.C. 1601 et seq.) [ 50 U.S.C. 1621 ]. The term ‘Secretary’ means the Secretary of Education. 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 2019–2020 and 2020–2021, 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.) for all awards made under such programs during such award years, except nothing in this subsection shall affect the non-Federal share requirement under section 443(c)(3) that applies to private for-profit organizations. Notwithstanding sections 413D, 442, and 488 of the Higher Education Act of 1965 ( 20 U.S.C. 1070b–3 , 1087–52, and 1095), during a period of a qualifying emergency, an institution may transfer up to 100 percent of the institution’s unexpended allotment under section 442 of such Act to the institution’s allotment under section 413D of such Act, but may not transfer any funds from the institution’s unexpended allotment under section 413D of such Act to the institution’s allotment under section 442 of such Act. Notwithstanding section 413B of the Higher Education Act of 1965 ( 20 U.S.C. 1070b–1 ), an institution of higher education may reserve any amount of an institution’s allocation under subpart 3 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070b et seq.) for a fiscal year to award, in such fiscal year, emergency financial aid grants to assist undergraduate or graduate students for unexpected expenses and unmet financial need as the result of a qualifying emergency. waive the amount of need calculation under section 471 of the Higher Education Act of 1965 ( 20 U.S.C. 1087kk ); allow for a student affected by a qualifying emergency to receive funds in an amount that is not more than the maximum Federal Pell Grant for the applicable award year; and utilize a contract with a scholarship-granting organization designated for the sole purpose of accepting applications from or disbursing funds to students enrolled in the institution of higher education, if such scholarship-granting organization disburses the full allocated amount provided to the institution of higher education to the recipients. Any emergency financial aid grants to students under this section shall not be treated as other financial assistance for the purposes of section 471 of the Higher Education Act of 1965 ( 20 U.S.C. 1087kk ). Payments may be made under such part to affected work-study students in an amount equal to or less than the amount of wages such students would have been paid under such part had the students been able to complete the work obligation necessary to receive work study funds, as a one time grant or as multiple payments. Payments shall not be made to any student who was not eligible for work study or was not completing the work obligation necessary to receive work study funds under such part prior to the occurrence of the qualifying emergency. Any payments made to affected work-study students under this subsection shall meet the matching requirements of section 443 of the Higher Education Act of 1965 ( 20 U.S.C. 1087–53 ), unless such matching requirements are waived by the Secretary. received a work-study award under section 443 of the Higher Education Act of 1965 ( 20 U.S.C. 1087–53 ) for the academic year during which a qualifying emergency occurred; earned Federal work-study wages from such eligible institution for such academic year; and was prevented from fulfilling the student’s work-study obligation for all or part of such academic year due to such qualifying emergency. “Notwithstanding [former] section 455(q)(3) of the Higher Education Act of 1965 ([former] 20 U.S.C. 1087e(q)(3) ), the Secretary shall exclude from a student’s period of enrollment for purposes of loans made under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq.) any semester (or the equivalent) that the student does not complete due to a qualifying emergency, if the Secretary is able to administer such policy in a manner that limits complexity and the burden on the student. “The Secretary shall exclude from a student’s Federal Pell Grant duration limit under section 401(c)(5) of the Higher Education Act of 1965 ( 2 U.S.C. 1070a(c)(5) ) [probably means 20 U.S.C. 1070a(c)(5) ] any semester (or the equivalent) that the student does not complete due to a qualifying emergency if the Secretary is able to administer such policy in a manner that limits complexity and the burden on the student. The Secretary shall waive the institutional requirement under section 484B of the Higher Education Act of 1965 ( 20 U.S.C. 1091b ) with respect to the amount of grant or loan assistance (other than assistance received under part C of title IV of such Act [ 20 U.S.C. 1087–51 et seq.]) to be returned under such section if a recipient of assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.) withdraws from the institution of higher education during the payment period or period of enrollment as a result of a qualifying emergency. The Secretary shall require each institution using a waiver relating to the withdrawal of recipients under this subsection to report the number of such recipients, the amount of grant or loan assistance (other than assistance received under part C of title IV of such Act) associated with each such recipient, and the total amount of grant or loan assistance (other than assistance received under part C of title IV of such Act) for which each institution has not returned assistance under title IV to the Secretary. The Secretary shall waive the amounts that students are required to return under section 484B of the Higher Education Act of 1965 ( 20 U.S.C. 1091b ) with respect to Federal Pell Grants or other grant assistance if the withdrawals on which the returns are based, are withdrawals by students who withdrew from the institution of higher education as a result of a qualifying emergency. Notwithstanding any other provision of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.), the Secretary shall cancel the borrower’s obligation to repay the entire portion of a loan made under part D of title IV of such Act ( 20 U.S.C. 1087a et seq.) associated with a payment period for a recipient of such loan who withdraws from the institution of higher education during the payment period as a result of a qualifying emergency. Notwithstanding any other provision of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.), for purposes of receiving assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.), an institution of higher education may, as a result of a qualifying emergency, provide a student with an approved leave of absence that does not require the student to return at the same point in the academic program that the student began the leave of absence if the student returns within the same semester (or the equivalent). “Notwithstanding section 484 of the Higher Education Act of 1965 ( 20 U.S.C. 1091 ), in determining whether a student is maintaining satisfactory academic progress for purposes of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.), an institution of higher education may, as a result of a qualifying emergency, exclude from the quantitative component of the calculation any attempted credits that were not completed by such student without requiring an appeal by such student. Notwithstanding section 481(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1088(b) ), with respect to a foreign institution, in the case of a public health emergency, major disaster or emergency, or national emergency declared by the applicable government authorities in the country in which the foreign institution is located, the Secretary may permit any part of an otherwise eligible program to be offered via distance education for purposes of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.) until the end of the covered period applicable to the institution. for the 2019–2020 award year, not later than June 30, 2020 ; and for an award year subsequent to the 2019–2020 award year, not later than 30 days after such use. Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter until all covered periods for foreign institutions carrying out a distance education program authorized under this section have ended, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) a report that identifies each foreign institution that carried out a distance education program authorized under this section. Notwithstanding section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), until the end of the covered period applicable to a foreign institution, the Secretary may allow the foreign institution to enter into a written arrangement with an institution of higher education located in the United States that participates in the Federal Direct Loan Program under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq.) for the purpose of allowing a student of the foreign institution who is a borrower of a loan made under such part to take courses from the institution of higher education located in the United States. A foreign institution that is a public or other nonprofit institution may enter into a written arrangement under paragraph (1) only with an institution of higher education described in section 101 of such Act ( 20 U.S.C. 1001 ). A foreign institution that is a graduate medical school, nursing school, or a veterinary school and that is not a public or other nonprofit institution may enter into a written arrangement under paragraph (1) with an institution of higher education described in section 101 or section 102 of such Act ( 20 U.S.C. 1001 and 1002). for the 2019–2020 award year, not later than June 30, 2020 ; and for an award year subsequent to the 2019–2020 award year, not later than 10 days after such use. the name of the foreign institution; the name of the institution of higher education located in the United States that has entered into a written arrangement with such foreign institution; and information regarding the nature of such written arrangement, including which coursework or program requirements are accomplished at each respective institution. a qualifying emergency; or a public health emergency, major disaster or emergency, or national emergency declared by the applicable government authorities in the country in which the foreign institution is located; and subject to paragraph (2), the last day of the payment period, for purposes of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.), following the end of any qualifying emergency or any emergency or disaster described in subparagraph (A)(ii) applicable to the foreign institution; or June 30, 2023 . For purposes of paragraph (1)(B)(i), if the following payment period for an award year ends before June 30 of such award year, the covered period shall be extended until June 30 of such award year. Notwithstanding any provision of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1051 et seq.), or any regulation promulgated under such title, the Secretary may grant a deferment, for the duration of a qualifying emergency, to an institution that has received a loan under part D of title III of such Act ( 20 U.S.C. 1066 et seq.). the institution shall not be required to pay any periodic installment of principal or interest required under the loan agreement for such loan; and the Secretary shall make principal and interest payments otherwise due under the loan agreement. At the closing of a loan deferred under this subsection, terms shall be set under which the institution shall be required to repay the Secretary for the payments of principal and interest made by the Secretary during the deferment, on a schedule that begins upon repayment to the lender in full on the loan agreement, except in no case shall repayment be required to begin before the date that is 1 full fiscal year after the date that is the end of the qualifying emergency. The authority provided under this section to grant a loan deferment under subsection (a) shall terminate on the date on which the qualifying emergency is no longer in effect. Any provision of a loan agreement or insurance agreement modified by the authority under this section shall remain so modified for the duration of the period covered by the loan agreement or insurance agreement. Not later than 180 days after the date of enactment of this Act [ Mar. 27, 2020 ], and every 180 days thereafter during the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) a report that identifies each institution that received assistance under this section. There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, $62,000,000 to carry out this section. The Secretary shall suspend all payments due for loans made under part D and part B (that are held by the Department of Education) of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq.; 1071 et seq.) through September 30, 2020 . Notwithstanding any other provision of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.), interest shall not accrue on a loan described under subsection (a) for which payment was suspended for the period of the suspension. Notwithstanding any other provision of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.), the Secretary shall deem each month for which a loan payment was suspended under this section as if the borrower of the loan had made a payment for the purpose of any loan forgiveness program or loan rehabilitation program authorized under part D or B of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq.; 1071 et seq.) for which the borrower would have otherwise qualified. During the period in which the Secretary suspends payments on a loan under subsection (a), the Secretary shall ensure that, for the purpose of reporting information about the loan to a consumer reporting agency, any payment that has been suspended is treated as if it were a regularly scheduled payment made by a borrower. a wage garnishment authorized under section 488A of the Higher Education Act of 1965 ( 20 U.S.C. 1095a ) or section 3720D of title 31 , United States Code; a reduction of tax refund by amount of debt authorized under section 3720A of title 31 , United States Code, or section 6402(d) of the Internal Revenue Code of 1986; a reduction of any other Federal benefit payment by administrative offset authorized under section 3716 of title 31 , United States Code (including a benefit payment due to an individual under the Social Security Act [ 42 U.S.C. 301 et seq.] or any other provision described in subsection (c)(3)(A)(i) of such section); and any other involuntary collection activity by the Secretary. subchapter I of chapter 35 of title 44, United States Code (commonly known as the ‘Paperwork Reduction Act’); the master calendar requirements under section 482 of the Higher Education Act of 1965 ( 20 U.S.C. 1089 ); negotiated rulemaking under section 492 of the Higher Education Act of 1965 ( 20 U.S.C. 1098a ); and the requirement to publish the notices related to the system of records of the agency before implementation required under paragraphs (4) and (11) of section 552a(e) of title 5 , United States Code (commonly known as the ‘Privacy Act of 1974’), except that the notices shall be published not later than 180 days after the date of enactment of this Act [ Mar. 27, 2020 ]. of the actions taken in accordance with subsections (a) and (b) for whom payments have been suspended and interest waived; of the actions taken in accordance with subsection (e) for whom collections have been suspended; of the option to continue making payments toward principal; and that the program under this section is a temporary program. when the borrower’s normal payment obligations will resume; and that the borrower has the option to enroll in income-driven repayment, including a brief description of such options. the eligibility data requirements set forth in section 391(d) and 521(e) of the Higher Education Act of 1965 ( 20 U.S.C. 1068(d) ; 1103(e)); the wait-out period set forth in section 313(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1059(d) ); the allotment requirements under paragraphs (2) and (3) of subsection [sic] 318(e) of the Higher Education Act of 1965 ( 20 U.S.C. 1059e(e) ), and the reference to ‘the academic year preceding the beginning of that fiscal year’ under such section 318(e)(1); the allotment requirements under subsections (b), (c), and (g) of section 324 of the Higher Education Act of 1965 ( 20 U.S.C. 1063 ), the reference to ‘the end of the school year preceding the beginning of that fiscal year’ under such section 324(a), and the reference to ‘the academic year preceding such fiscal year’ under such section 324(h); subparagraphs (A), (C), (D), and (E) of section 326(f)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1063b(f)(3) ), and references to ‘previous year’ under such section 326(f)(3)(B); subparagraphs (A), (C), (D), and (E) of section 723(f)(3) and subparagraphs (A), (C), (D), and (E) of section 724(f)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1136a(f)(3) ; 1136b(f)(3)), and references to ‘previous academic year’ under subparagraph (B) of such sections 723(f)(3) and 724(f)(3); and the allotment restriction set forth in section 318(d)(4) and section 323(c)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1059e(d)(4) ; 1062(c)(2)); and waive or modify any statutory or regulatory provision to ensure that institutions that were receiving assistance under title III, title V, or subpart 4 of part A of title VII of such Act ( 20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) at the time of a qualifying emergency are not adversely affected by any formula calculation for fiscal year 2020 and for the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency, as necessary. Any funds paid to an institution under title III, title V, or subpart 4 of part A of title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) and not expended or used for the purposes for which the funds were paid to the institution during the 5-year period following the date on which the funds were first paid to the institution, may be carried over and expended during the succeeding 5-year period. Not later than 180 days after the date of enactment of this Act [ Mar. 27, 2020 ], and every 180 days thereafter for the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) a report that identifies each institution that received a waiver or modification under this section. The Secretary is authorized to modify the required and allowable uses of funds for grants awarded under part A or B of title III, chapter I or II of subpart 2 of part A of title IV, title V, or subpart 4 of part A of title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1057 et seq.; 1060 et seq.; 1070a–11 et seq.; 1070a–21 et seq.; 1101 et seq.; 1136a et seq.) to an institution of higher education or other grant recipient (not including individual recipients of Federal student financial assistance), at the request of an institution of higher education or other recipient of a grant (not including individual recipients of Federal student financial assistance) as a result of a qualifying emergency, for the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency. Notwithstanding any other provision of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.), the Secretary is authorized to modify any Federal share or other financial matching requirement for a grant awarded on a competitive basis or a grant awarded under part A or B of title III or subpart 4 of part A of title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1057 et seq.; 1060 et seq.; 1136a et seq.) at the request of an institution of higher education or other grant recipient as a result of a qualifying emergency, for the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency. Not later than 180 days after the date of enactment of this Act [ Mar. 27, 2020 ], and every 180 days thereafter for the duration of the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) a report that identifies each institution of higher education or other grant recipient that received a modification under this section. may modify the categories of extenuating circumstances under which a recipient of a grant under subpart 9 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070g et seq.) who is unable to fulfill all or part of the recipient’s service obligation may be excused from fulfilling that portion of the service obligation; shall consider teaching service that, as a result of a qualifying emergency, is part-time or temporarily interrupted, to be full-time service and to fulfill the service obligations under section 420N of such Act; and the qualifying emergency period; or a period of recession or economic downturn related to the qualifying emergency period, as determined by the Secretary in consultation with the Secretary of Labor. the teaching service of a borrower is temporarily interrupted due to a qualifying emergency; and after the temporary interruption due to a qualifying emergency, the borrower resumes teaching service and completes a total of 5 years of qualifying teaching service under such sections, including qualifying teaching service performed before, during, and after such qualifying emergency. Notwithstanding section 465 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ee ), the Secretary shall waive the requirements of such section in regard to full-time service and shall consider an incomplete year of service of a borrower as fulfilling the requirement for a complete year of service under such section, if the service was interrupted due to a qualifying emergency.” “This Act may be cited as the ‘Higher Education Extension Act of 2005’. The authorization of appropriations for, and the duration of, each program authorized under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.) shall be extended through August 15, 2008 . is required, in or for fiscal year 2004, to carry out certain acts or make certain determinations or payments under a program under the Higher Education Act of 1965, such acts, determinations, or payments shall be required to be carried out, made, or continued during the period of the extension under this section; or is permitted or authorized, in or for fiscal year 2004, to carry out certain acts or make certain determinations or payments under a program under the Higher Education Act of 1965, such acts, determinations, or payments are permitted or authorized to be carried out, made, or continued during the period of the extension under this section. The amount authorized to be appropriated for a program described in subsection (a) during the period of extension under this section shall be the amount authorized to be appropriated for such program for fiscal year 2004, or the amount appropriated for such program for such fiscal year, whichever is greater. Except as provided in any amendment to the Higher Education Act of 1965 enacted during fiscal year 2005 or 2006, the amount of any payment required or authorized under subsection (b) in or for the period of the extension under this section shall be determined in the same manner as the amount of the corresponding payment required or authorized in or for fiscal year 2004. Any advisory committee, interagency organization, or other entity that was, during fiscal year 2004, authorized or required to perform any function under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.), or in relation to programs under that Act, shall continue to exist and is authorized or required, respectively, to perform such function for the period of the extension under this section. Section 422 of the General Education Provisions Act ( 20 U.S.C. 1226a ) shall not apply to further extend the authorization of appropriations for any program described in subsection (a) on the basis of the extension of such program under this section. The programs described in subsection (a) for which the authorization of appropriations, or the duration of which, is extended by this section include provisions applicable to institutions in, and students in or from, the Freely Associated States, except that those provisions shall be applicable with respect to institutions in, and students in or from, the Federated States of Micronesia and the Republic of the Marshall Islands only to the extent specified in Public Law 108–188 [ 48 U.S.C. 1921 et seq.].” the term ‘Secretary’ means the Secretary of Health, Education, and Welfare [now Secretary of Education]; and the term ‘Commissioner’ means the Commissioner of Education [now Secretary of Education]; Unless otherwise specified, the redesignation of a section, subsection, or other designation by any amendment in this Act shall include the redesignation of any reference to such section, subsection, or other designation in any Act or regulation, however styled. Unless otherwise specified, each provision of this Act and each amendment made by this Act shall be effective after June 30, 1972 , and with respect to appropriations for the fiscal year ending June 30, 1973 , and succeeding fiscal years. Unless otherwise specified, in any case where an amendment made by this Act is to become effective after a date set herein, it shall be effective with the beginning of the day which immediately follows the date after which such amendment is effective. In any case where the effective date for an amendment made by this Act is expressly stated to be effective after June 30, 1971 , such amendment shall be deemed to have been enacted on July 1, 1971 .”