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granted by this section shall be available only to meet 
emergency needs and shall not be used to create any new 
program or to fund any project or activity for which no 
funds are provided in this Act: Provided further, That the 
Committees on Appropriations of the House of Represent-
atives and the Senate are notified at least 15 days in ad-
vance of any transfer. 
SEC. 303. Funds appropriated in this Act and con-
solidated for evaluation purposes under section 8601(c) of 
the ESEA shall be available from July 1, 2021, through 
September 30, 2022. 
SEC. 304. (a) An institution of higher education that 
maintains an endowment fund supported with funds ap-
propriated for title III or V of the HEA for fiscal year 
2021 may use the income from that fund to award schol-
arships to students, subject to the limitation in section 
331(c)(3)(B)(i) of the HEA. The use of such income for 
such purposes, prior to the enactment of this Act, shall 
be considered to have been an allowable use of that in-
come, subject to that limitation. 
(b) Subsection (a) shall be in effect until titles III 
and V of the HEA are reauthorized. 
SEC. 305. Section 114(f) of the HEA (20 U.S.C. 
1011c(f)) is amended by striking ‘‘2020’’ and inserting 
‘‘2021’’. 
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SEC. 306. Section 458(a) of the HEA (20 U.S.C. 
1087h(a)(4)) is amended by striking ‘‘2020’’ and inserting 
‘‘2021’’. 
SEC. 307. Funds appropriated in this Act under the 
heading ‘‘Student Aid Administration’’ shall also be avail-
able for payments for student loan servicing to an institu-
tion of higher education that services outstanding Federal 
Perkins Loans under part E of title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1087aa et seq.). 
(RESCISSION) 
SEC. 308. Of the amounts appropriated under Sec-
tion 401(b)(7)(A)(iv)(XI) of the Higher Education Act of 
1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(XI)), $21,000,000 
are hereby rescinded, to be derived from amounts made 
available by such section for fiscal year 2021. 
SEC. 309. Of the amounts made available under this 
title under the heading ‘‘Student Aid Administration’’, 
$2,300,000 shall be used by the Secretary of Education 
to conduct outreach to borrowers of loans made under part 
D of title IV of the Higher Education Act of 1965 who 
may intend to qualify for loan cancellation under section 
455(m) of such Act (20 U.S.C. 1087e(m)), to ensure that 
borrowers are meeting the terms and conditions of such 
loan cancellation: Provided, That the Secretary shall spe-
cifically conduct outreach to assist borrowers who would 
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qualify for loan cancellation under section 455(m) of such 
Act except that the borrower has made some, or all, of 
the 120 required payments under a repayment plan that 
is not described under section 455(m)(A) of such Act, to 
encourage borrowers to enroll in a qualifying repayment 
plan: Provided further, That the Secretary shall also com-
municate to all Direct Loan borrowers the full require-
ments of section 455(m) of such Act and improve the fil-
ing of employment certification by providing improved out-
reach and information such as outbound calls, electronic 
communications, ensuring prominent access to program 
requirements and benefits on each servicer’s website, and 
creating an option for all borrowers to complete the entire 
payment certification process electronically and on a cen-
tralized website. 
SEC. 310. None of the funds made available by this 
Act may be used in contravention of section 203 of the 
Department of Education Organization Act (20 U.S.C. 
3413). 
SEC. 311. For an additional amount for ‘‘Department 
of Education—Federal Direct Student Loan Program Ac-
count’’, $50,000,000, to remain available until expended, 
shall be for the cost, as defined under section 502 of the 
Congressional Budget Act of 1974, of the Secretary of 
Education providing loan cancellation in the same manner 
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as under section 455(m) of the Higher Education Act of 
1965 (20 U.S.C. 1087e(m)), for borrowers of loans made 
under part D of title IV of such Act who would qualify 
for loan cancellation under section 455(m) except some, 
or all, of the 120 required payments under section 
455(m)(1)(A) do not qualify for purposes of the program 
because they were monthly payments made in accordance 
with graduated or extended repayment plans as described 
under subparagraph (B) or (C) of section 455(d)(1) or 
the corresponding repayment plan for a consolidation loan 
made under section 455(g), with exception for a borrower 
who would have otherwise been eligible under this section 
but demonstrates an unusual fluctuation of income over 
the past 5 years: Provided, That the total loan volume, 
including outstanding principal, fees, capitalized interest, 
or accrued interest, at application that is eligible for such 
loan cancellation by such borrowers shall not exceed 
$75,000,000: Provided further, That the Secretary shall 
develop and make available a simple method for borrowers 
to apply for loan cancellation under this section within 60 
days of enactment of this Act: Provided further, That the 
Secretary shall provide loan cancellation under this section 
to eligible borrowers on a first-come, first-serve basis, 
based on the date of application and subject to both the 
limitation on total loan volume at application for such loan 
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cancellation specified in the first proviso and the avail-
ability of appropriations under this section: Provided fur-
ther, That no borrower may, for the same service, receive 
a reduction of loan obligations under both this section and 
section 428J, 428K, 428L, or 460 of such Act: Provided 
further, That the Secretary shall inform all borrowers who 
have submitted an Employment Certification Form and 
are in the incorrect repayment program about the Tem-
porary Expanded Public Service Loan Forgiveness Pro-
gram and requirements for qualification under the pro-
gram. 
SEC. 312. (a) The General Education Provisions Act 
(20 U.S.C. 1221 et seq.) is amended by striking section 
426. 
(b) Paragraph (9) of section 4407(a) of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C. 
7231f(a)) is amended by striking ‘‘notwithstanding section 
426 of the General Education Provisions Act (20 U.S.C. 
1228),’’. 
SEC. 313. (a) Section 487(d) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1094(d)) is amended— 
(1) in paragraph (1)(C), in the matter pre-
ceding clause (i), by striking ‘‘any funds for a pro-
gram under this title’’ and inserting ‘‘any Federal 
education assistance funds’’; and 
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(3) redesignated as paragraph (4) of such sec-
tion 102(b); and 
(4) further amended by striking ‘‘subsection 
(a)(24)’’ and inserting ‘‘paragraph (3)’’. 
(d) Paragraph (3) of section 487(d) of the HEA is— 
(1) transferred to section 102(b) of such Act; 
(2) inserted so as to appear after paragraph (4) 
of such section 102(b) (as added by subsection (c)); 
(3) redesignated as paragraph (5) of such sec-
tion 102(b); and 
(4) further amended by striking ‘‘subsection 
(a)(24)’’ and inserting ‘‘paragraph (3)’’. 
(e) Paragraph (4) of section 487(d) of the HEA (as 
amended by subsection (a)) is— 
(1) transferred to section 102(b) of such Act; 
(2) inserted so as to appear after paragraph (5) 
of such section 102(b) (as added by subsection (d)); 
(3) redesignated as paragraph (6) of such sec-
tion 102(b); and 
(4) further amended by striking ‘‘subsection 
(a)(24)’’ and inserting ‘‘paragraph (3)’’. 
(f) Section 103 of the HEA (20 U.S.C. 1003) is 
amended by adding at the end the following: 
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‘‘(25) 
FEDERAL
EDUCATION
ASSISTANCE 
FUNDS.— The term ‘Federal education assistance 
funds’— 
‘‘(A) except as provided in subparagraph 
(B), means any Federal funds provided, under 
this Act or any other Federal law, through a 
grant, contract, subsidy, loan, or guarantee, or 
through insurance or other means (including 
Federal funds disbursed or delivered to an insti-
tution or on behalf of a student or to a student 
to be used to attend the institution); and 
‘‘(B) does not include any monthly housing 
stipend provided under the Post-9/11 Edu-
cational Assistance Program under chapter 33 
of title 38, United States Code.’’. 
(g) Subsection (a)(24), the subsection designation 
and heading of subsection (d), and subsection (d)(2) of 
section 487 the Higher Education Act of 1965 (20 U.S.C. 
1094) are repealed. 
SEC. 314. (a) None of the funds appropriated by this 
title may be used to— 
(1) implement, enforce, or otherwise give effect 
to the final rule entitled, ‘‘Nondiscrimination on the 
Basis of Sex in Education Programs or Activities 
Receiving Federal Financial Assistance’’ as pub-
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lished in the Federal Register on May 19, 2020 (85 
Fed. Reg. 30,026); or 
(2) propose or issue any rule or guidance that 
is in substantially the same form or substantially the 
same as any of such proposed amendments. 
(b) Nothing in this section shall prevent the Secretary 
of Education or the Office for Civil Rights of the Depart-
ment of Education from enforcing the protection provided 
by title IX of the Education Amendments of 1972 against 
sexual harassment in accordance with the standards set 
out in the guidance, entitled ‘‘Revised Sexual Harassment 
Guidance: Harassment of Students by School Employees, 
Other Students, or Third Parties’’ as published in the 
Federal Register on January 19, 2001 (66 Fed. Reg. 
5,512). 
SEC. 315. (a) Notwithstanding section 401(b)(6) of 
the HEA, a Federal Pell Grant under section 401 of the 
HEA may be awarded to an incarcerated individual (or 
on behalf of such individual) for each academic year dur-
ing which that individual is enrolled at an eligible institu-
tion that meets the criteria described in subsection (b). 
(b) The criteria described in this subsection are as 
follows: 
(1) The eligible institution— 
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(A) is an institution of higher education 
(as defined in section 101 of the HEA) or a 
postsecondary vocational institution (as defined 
in section 102(c) of the HEA); and 
(B) during the preceding 5 years, has not 
been subject to the denial, withdrawal, suspen-
sion, or termination of accreditation. 
(2) Such institution provides each incarcerated 
individual, upon completion of a course offered by 
the institution, with academic credits that are the 
equivalent to credits earned by non-incarcerated stu-
dents for an equivalent course of study. 
(3) Such institution provides to the Secretary 
confirmation from each facility involved that the 
course of study offered by the institution at such fa-
cility is accessible to incarcerated individuals (includ-
ing such individuals who are individuals with disabil-
ities). 
(4) Such institution does not (directly or indi-
rectly) charge an incarcerated individual for an 
award year, an amount that exceeds the total grant 
aid received by the individual for such award year. 
(5) Such institution makes available to incar-
cerated individuals who are considering enrolling in 
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a course of study offered by the institution, in sim-
ple and understandable terms, the following: 
(A) Information with respect to each 
course of study at the institution for which such 
an individual may receive a Federal Pell Grant, 
including— 
(i) the cost of attendance (as defined 
in section 472 of the HEA); 
(ii) the mode of instruction (such as 
distance education, in-person instruction, 
or a combination of such modes); 
(iii) how enrollment in such course of 
study will impact the period of eligibility 
for Federal Pell Grants for such an indi-
vidual, including in a case in which the in-
dividual is transferred to another facility 
or released before the completion of such 
course; 
(iv) the transferability of credits 
earned, and the acceptability of such cred-
its toward a certificate or degree program 
offered by the institution; 
(v) the process for continuing postsec-
ondary education— 
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