Sec. 100112. Waiver authority and reporting requirement for institutional aid

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Notwithstanding any other provision of the Higher Education Act of 1965 (U.S.C. 1001 et seq.), unless enacted with specific reference to this section, for any institution of higher education that was 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, the Secretary may, 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— waive— 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) and 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 318(e) of the Higher Education Act of 1965 ( 20 U.S.C. 1059e(e) ), and references to the academic year preceding the beginning of that fiscal year in paragraph (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 ), and references to the end of the school year preceding the beginning of that fiscal year under subsection

(a)and references to the academic year preceding such fiscal year under subsection

(h)of such section; 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 subparagraph

(B)of such section; subparagraphs (A), (C), (D), and

(E)of section 723(f)(3) and section 724(f)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1136a(f)(3) and 1136b(f)(3)), and references to previous academic year under subparagraph

(B)of such sections; and the allotment restriction set forth in section 318(d)(4) and 323(c)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1059e(d)(4) and 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, 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.

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Sec. 100112

Waiver authority and reporting requirement for institutional aid

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