1404 
option for the borrower to indicate that the 
borrower intends to participate in the pub-
lic service loan forgiveness program under 
section 455(m) of such Act (20 U.S.C. 
1087e(m)); and 
(ii) for each borrower who submits an 
application for a Federal Direct Consolida-
tion Loan, without regard to whether the 
borrower indicates the intention described 
in clause (i)— 
(I) request that the borrower 
submit a certification of employment; 
and 
(II) after receiving a complete 
certification of employment— 
(aa) carry out the require-
ments of paragraph (2); and 
(bb) inform the borrower of 
the number of qualifying monthly 
payments made on the compo-
nent loans before consolidation 
that shall be deemed, in accord-
ance with paragraph (2)(D), to 
be qualifying monthly payments 
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made on the Federal Direct Con-
solidation Loan. 
(B) HOLD
HARMLESS.—The Secretary 
may not change or otherwise rescind a calcula-
tion made under paragraph (2)(D) after in-
forming the borrower of the results of such cal-
culation under subparagraph (A)(ii)(II)(bb). 
(2) PROCESS TO DETERMINE QUALIFYING PAY-
MENTS FOR PURPOSES OF PSLF.—Upon receipt of a 
complete certification of employment under para-
graph (1)(A)(ii)(II) of a borrower who receives a 
Federal Direct Consolidation Loan described in 
paragraph (1)(A), the Secretary shall— 
(A) review the borrower’s payment history 
to identify each component loan of such Federal 
Direct Consolidation Loan; 
(B) for each such component loan— 
(i) calculate the weighted factor of the 
component loan, which shall be the factor 
that represents the portion of such Federal 
Direct Consolidation Loan that is attrib-
utable to such component loan; and 
(ii) determine the number of quali-
fying monthly payments made on such 
component loan before consolidation; 
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(C) calculate the number of qualifying 
monthly payments determined under subpara-
graph (B)(ii) with respect to a component loan 
that shall be deemed as qualifying monthly pay-
ments made on the Federal Direct Consolida-
tion Loan by multiplying— 
(i) the weighted factor of such compo-
nent loan as determined under subpara-
graph (B)(i), by 
(ii) the number of qualifying monthly 
payments made on such component loan as 
determined under subparagraph (B)(ii); 
and 
(D) calculate the total number of quali-
fying monthly payments with respect to the 
component loans of the Federal Direct Consoli-
dation Loan that shall be deemed as qualifying 
monthly payments made on such Federal Direct 
Consolidation Loan by— 
(i) adding together the result of each 
calculation made under subparagraph (C) 
with respect to each such component loan; 
and 
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1407 
(ii) rounding the number determined 
under clause (i) to the nearest whole num-
ber. 
(3) DEFINITIONS.—For purposes of this sub-
section: 
(A) CERTIFICATION
OF
EMPLOYMENT.— 
The term ‘‘certification of employment’’, used 
with respect to a borrower, means a certifi-
cation of the employment of the borrower in a 
public service job (as defined in section 
455(m)(3)(B) of the Higher Education Act of 
1965) on or after October 1, 2007. 
(B) COMPONENT LOAN.—The term ‘‘com-
ponent loan’’, used with respect to a Federal 
Direct Consolidation Loan, means each loan for 
which the liability has been discharged by the 
proceeds of the Federal Direct Consolidation 
Loan, which— 
(i) may include a loan that is not an 
eligible Federal Direct Loan (as defined in 
section 455(m)(3)(A) of the Higher Edu-
cation Act of 1965); and 
(ii) in the case of a subsequent con-
solidation loan, only includes loans for 
which the liability has been directly dis-
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1408 
charged by such subsequent consolidation 
loan. 
(C) FEDERAL
DIRECT
CONSOLIDATION 
LOAN.—The term ‘‘Federal Direct Consolida-
tion Loan’’ means a Federal Direct Consolida-
tion Loan made under part D of title IV of the 
Higher Education Act of 1965 (20 U.S.C. 
1087a et seq.). 
(D) QUALIFYING MONTHLY PAYMENT.— 
(i) COMPONENT
LOAN.—The term 
‘‘qualifying monthly payment’’, used with 
respect to a component loan, means a 
monthly payment on such loan made by a 
borrower, during a period of employment 
in a public service job (as defined in sec-
tion 455(m)(3)(B) of the Higher Edu-
cation 
Act 
of 
1965 
(20 
U.S.C. 
1087e(m)(3)(B)) on or after October 1, 
2007, pursuant to— 
(I) a repayment plan under part 
B, D, or E of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 
1071 et seq.; 1087a et seq.; 1087aa et 
seq.); or 
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(II) in the case of a loan made 
under subpart II of part A of title VII 
of the Public Health Service Act or 
under part E of title VIII of the Pub-
lic Health Service Act, a repayment 
plan under title VII or VIII of such 
Act. 
(ii) FEDERAL DIRECT CONSOLIDATION 
LOAN.—The term ‘‘qualifying monthly pay-
ment’’, used with respect to a Federal Di-
rect Consolidation Loan, means a monthly 
payment on such loan that counts as 1 of 
the 120 monthly payments described in 
section 455(m)(1)(A) of the Higher Edu-
cation 
Act 
of 
1965 
(20 
U.S.C. 
1087e(m)(3)(B)). 
(b) SPECIAL RULES RELATING TO FEDERAL DIRECT 
CONSOLIDATION LOANS AND ICR AND IBR.— 
(1) IN GENERAL.—During the period described 
in subsection (e), with respect to a borrower who re-
ceives a Federal Direct Consolidation Loan and who 
intends to repay such loan under an income-contin-
gent repayment plan under section 455(d)(1)(D) of 
the Higher Education Act of 1965 (20 U.S.C. 
1087e(d)(1)(D)) or an income-based repayment plan 
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under section 493C of such Act (20 U.S.C. 1098e), 
the Secretary shall— 
(A) review the borrower’s payment history 
to identify each component loan of such Federal 
Direct Consolidation Loan; 
(B) for each such component loan— 
(i) calculate the weighted factor of the 
component loan, which shall be the factor 
that represents the portion of such Federal 
Direct Consolidation Loan that is attrib-
utable to such component loan; and 
(ii) determine the number of quali-
fying monthly payments made on such 
component loan before consolidation; 
(C) calculate the number of qualifying 
monthly payments determined under subpara-
graph (B)(ii) with respect to a component loan 
that shall be deemed as qualifying monthly pay-
ments made on the Federal Direct Consolida-
tion Loan by multiplying— 
(i) the weighted factor of such compo-
nent loan as determined under subpara-
graph (B)(i), by 
(ii) the number of qualifying monthly 
payments made on such component loan as 
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1411 
determined under subparagraph (B)(ii); 
and 
(D) calculate and inform the borrower of 
the total number of qualifying monthly pay-
ments with respect to the component loans of 
the Federal Direct Consolidation Loan that 
shall be deemed as qualifying monthly payments 
made on such Federal Direct Consolidation 
Loan by— 
(i) adding together the result of each 
calculation made under subparagraph (C) 
with respect to each such component loan; 
and 
(ii) rounding the number determined 
under clause (i) to the nearest whole num-
ber. 
(2) HOLD HARMLESS.—The Secretary may not 
change or otherwise rescind a calculation made 
under paragraph (1)(D) after informing the bor-
rower of the results of such calculation under such 
paragraph. 
(3) DEFINITIONS.—In this subsection: 
(A) COMPONENT LOAN; FEDERAL DIRECT 
CONSOLIDATION LOAN.—The terms ‘‘component 
loan’’ and ‘‘Federal Direct Consolidation Loan’’ 
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1412 
have the meanings given the terms in sub-
section (a). 
(B) QUALIFYING PAYMENT.— 
(i) COMPONENT
LOANS.—Subject to 
clause (ii), the term ‘‘qualifying monthly 
payment’’, used with respect to a compo-
nent loan, means a monthly payment on 
such loan made by a borrower pursuant 
to— 
(I) a repayment plan under part 
B, D, or E of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 
1071 et seq., 1087a et seq., 1087aa et 
seq.); or 
(II) in the case of a loan made 
under subpart II of part A of title VII 
of the Public Health Service Act (42 
U.S.C. 292q et seq.) or under part E 
of title VIII of the Public Health 
Service Act (42 U.S.C. 297a et seq.), 
a repayment plan under title VII or 
VIII of such Act. 
(ii) CLARIFICATION.— 
(I) ICR.—For purposes of deter-
mining the number of qualifying 
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1413 
monthly payments made on a compo-
nent loan pursuant to an income-con-
tingent repayment plan under section 
455(d)(1)(D) of the Higher Education 
Act 
of 
1965 
(20 
U.S.C. 
1087e(d)(1)(D)), each month a bor-
rower is determined to meet the re-
quirements of section 455(e)(7)(B)(i) 
of such Act with respect to such loan 
shall be treated as such a qualifying 
monthly payment. 
(II) IBR.—For purposes of de-
termining the number of qualifying 
monthly payments made on a compo-
nent loan pursuant to an income- 
based repayment plan under section 
493C of such Act (20 U.S.C. 1098e), 
each month a borrower was deter-
mined to meet the requirements of 
subsection (b)(7)(B) of such section 
493C with respect to such loan shall 
be treated as such a qualifying month-
ly payment. 
(iii) FEDERAL
DIRECT
CONSOLIDA-
TION
LOANS.—The 
term 
‘‘qualifying 
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1414 
monthly payment’’, used with respect to a 
Federal Direct Consolidation Loan, means 
a monthly payment on such loan that 
counts as a monthly payment under an in-
come-contingent repayment plan under sec-
tion 455(d)(1)(D) of the Higher Education 
Act of 1965 (20 U.S.C. 1087e(d)(1)(D)), 
or an income-based repayment plan under 
section 493C of the Higher Education Act 
of 1965 (20 U.S.C. 1098e). 
(c) NOTIFICATION TO BORROWERS.— 
(1) IN GENERAL.—During the period described 
in subsection (e), the Secretary and the Secretary of 
Health and Human Services shall undertake a cam-
paign to alert borrowers of a loan described in para-
graph (2)— 
(A) on the benefits of consolidating such 
loans into a Federal Direct Consolidation Loan, 
including the benefits of the special rules under 
subsections (a) and (b) of this section; and 
(B) under which servicers and holders of 
Federal student loans shall provide to bor-
rowers such consumer information, and in such 
manner, as determined appropriate by the Sec-
retaries, based on conducting consumer testing 
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1415 
to determine how to make the information as 
meaningful to borrowers as possible. 
(2) FEDERAL
STUDENT
LOANS.—A loan de-
scribed in this paragraph is— 
(A) a loan made under subpart II of part 
A of title VII of the Public Health Service Act 
or under part E of title VIII of such Act; or 
(B) a loan made under part E of the High-
er Education Act of 1965. 
(d) SPECIAL RULE FOR INTEREST ON FEDERAL DI-
RECT CONSOLIDATION LOANS.—Any Federal Direct Con-
solidation Loan for which the application is received dur-
ing the period described in subsection (e), shall bear inter-
est at an annual rate as calculated under section 
455(b)(8)(D) of the Higher Education Act of 1965 (20 
U.S.C. 1087e(b)(8)(D)), without regard to the require-
ment to round the weighted average of the interest rate 
to the nearest higher one-eighth of one percent. 
(e) PERIOD.—The period described in this clause is 
the period beginning on the date of enactment of this Act, 
and ending on the later of— 
(1) September 30, 2021; or 
(2) the day following the date of enactment of 
this Act that is 2 months after the national U–5 
measure of labor underutilization shows initial signs 
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1416 
of recovery (as such terms are defined in section 
3513(b) of the Coronavirus Aid, Relief, and Eco-
nomic Security Act (Public Law 116–136), as 
amended by this Act)). 
(f) GAO STUDY ON IMPLEMENTATION OF SPECIAL 
RULES ON CONSOLIDATION.—Not later than 6 months 
after the date of enactment of this Act, the Comptroller 
General of the United States shall submit a report to the 
authorizing committees (defined in section 103 of the 
Higher Education Act of 1965 (20 U.S.C. 1003) on the 
implementation of this section, which shall include— 
(1) information on borrowers who apply for or 
receive a Federal Direct Consolidation Loan under 
part D of the Higher Education Act of 1965 during 
the 
period 
described 
in 
subsection 
(e), 
disaggregated— 
(A) by borrowers who intend to participate 
in the public service loan forgiveness program 
under section 455(m) of such Act (20 U.S.C. 
1087e(m)); and 
(B) by borrowers who intend to repay such 
loans on an income-contingent repayment plan 
under section 455(d)(1)(D) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) 
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1417 
or an income-based repayment plan under sec-
tion 493C of such Act (20 U.S.C. 1098e); 
(2) the extent to which the Secretary has estab-
lished procedures for carrying out subsections (a) 
and (b); 
(3) the extent to which the Secretary and the 
Secretary of Health and Human Services have car-
ried out the notification to borrowers required under 
subsection (c); and 
(4) recommendations on improving the imple-
mentation of this section to ensure increased bor-
rower participation. 
TREATMENT OF PSLF 
SEC. 150121. 
(a) EXCEPTION
FOR PURPOSES
OF PSLF LOAN 
FORGIVENESS.—Section 455(m)(1)(B) of the Higher 
Education Act of 1965 (20 U.S.C. 1087e(m)(1)(B)) shall 
apply as if clause (i) were struck. 
(b) HEALTH
CARE
PRACTITIONER.—In section 
455(m)(3)(B)(i) of the Higher Education Act of 1965 (20 
U.S.C. 1087e(m)(3)(B)(i)), the term ‘‘full-time profes-
sionals engaged in health care practitioner occupations’’ 
includes an individual who— 
(1) has a full-time job as a health care practi-
tioner; 
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1418 
(2) provides medical services in such full-time 
job at a nonprofit hospital or public hospital or other 
nonprofit or public health care facility; and 
(3) is prohibited by State law from being em-
ployed directly by such hospital or other health care 
facility. 
PART C—EMERGENCY RELIEF FOR 
DEFRAUDED BORROWERS 
EMERGENCY RELIEF FOR DEFRAUDED BORROWERS 
SEC. 150122. 
(a) EMERGENCY RELIEF.—An eligible borrower shall 
be entitled to relief on an eligible loan pursuant to this 
section. 
(b) DEFINITIONS.—In this section: 
(1) ELIGIBLE BORROWER.—The term ‘‘eligible 
borrower’’ means an individual— 
(A) who— 
(i) borrowed an eligible loan to fi-
nance the cost of enrollment at an institu-
tion of higher education that, according to 
findings by the Department of Education 
made on or before the date of enactment 
of this Act, made a false or misleading rep-
resentation with the respect to the job 
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1419 
placement rates of such institution of high-
er education; and 
(ii) has not received the relief de-
scribed in subsection (c)(1) on such eligible 
loan; or 
(B) who— 
(i) borrowed an eligible loan to fi-
nance the cost of enrollment at an institu-
tion of higher education that, according to 
findings by the Department of Education 
made on or before the date of enactment 
of this Act, made a false or misleading rep-
resentation with respect to guaranteed em-
ployment or transferability of credits of 
such institution of higher education; 
(ii) in an application to the Secretary 
for a defense to repayment of such eligible 
loan, has asserted that the borrower (or 
the dependent student on whose behalf the 
eligible borrowed such eligible loan) relied 
on such false or misleading representation 
in deciding to enroll in such institution of 
higher education; and 
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1420 
(iii) has not received the relief de-
scribed in subsection (c)(1) on such eligible 
loan. 
(2) ELIGIBLE LOAN.—The term ‘‘eligible loan’’ 
means a loan made, insured, or guaranteed under 
part B or D of title IV of the Higher Education Act 
of 1965 (20 U.S.C. 1071 et seq.; 1087a et seq.). 
(c) RELIEF.—With respect to each eligible borrower, 
the Secretary shall— 
(1) not later than 45 days after the date of en-
actment of this Act, with respect to each eligible 
loan of the borrower described in subsection (b)(1)— 
(A) cancel or repay the full balance of in-
terest 
and 
principal 
(including 
fees 
and 
charges) due on such loan; and 
(B) return to the borrower an amount 
equal to the total amount of payments (includ-
ing voluntary and involuntary payments) made 
on the loan by the borrower; 
(2) not later than 60 days after the date of en-
actment of this section, report the cancellation or re-
payment under paragraph (1)(A) of each eligible 
loan to each consumer reporting agency to which the 
Secretary previously reported the status of the loan, 
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1421 
so as to delete all adverse credit history assigned to 
the loan; and 
(3) not later than 60 days after the date of en-
actment of this Act, no longer consider a borrower 
who has defaulted on a loan cancelled or repaid 
under this subsection to be in default on such loan. 
(d) NOTIFICATION.—Not later than 30 days after the 
date of enactment of this section, the Secretary shall no-
tify (in writing) each eligible borrower of— 
(1) the relief to which the borrower is entitled 
pursuant to subsection (c), and when the borrower 
will receive such relief; 
(2) the borrower’s eligibility to receive assist-
ance under title IV of the Higher Education Act of 
1965 (20 U.S.C. 1070 et seq.) after receiving relief 
pursuant to subsection (c); and 
(3) any further relief to such borrower as the 
Secretary determines is appropriate. 
(e) EXPEDIENT ADJUDICATION OF STATE ATTORNEY 
GENERAL CLAIMS RELATING TO DEFENSE TO REPAY-
MENT OF A LOAN.— 
(1) IN
GENERAL.—The Secretary shall carry 
out the requirements of paragraph (2) with respect 
to each claim submitted to the Secretary on or be-
fore the date of enactment of this Act by a State at-
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1422 
torney general on behalf of one or more individuals 
who— 
(A) allege that the individual borrowed an 
eligible loan to finance the cost of enrollment at 
an institution of higher education whose act or 
omission the individual may assert as a defense 
to repayment on such loan under the Higher 
Education Act of 1965 (20 U.S.C. 1001 et 
seq.) or under applicable State law; and 
(B) has not received the relief described in 
paragraph (2)(B) on such eligible loan. 
(2) REQUIREMENTS.—The Secretary shall carry 
out the following with respect to each claim de-
scribed in paragraph (1): 
(A) Not later than 180 days after the date 
of enactment of this Act, adjudicate each such 
claim. 
(B) For each claim for which the State at-
torney general proves the facts described in 
paragraph (1) by a preponderance of the evi-
dence, with respect to each individual on whose 
behalf the claim was submitted, provide the fol-
lowing: 
(i) Not later than 45 days after the 
date on which such claim is adjudicated, 
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1423 
with respect to each eligible loan described 
in paragraph (1) of the individual— 
(I) cancel or repay the full bal-
ance of interest and principal (includ-
ing fees and charges) due on such 
loan; and 
(II) return to the borrower an 
amount equal to the total amount of 
payments (including voluntary and in-
voluntary payments) made on the loan 
by the borrower. 
(ii) Not later than 60 days after the 
date on which such claim is adjudicated, 
report the cancellation or repayment under 
clause (i) of each eligible loan to each con-
sumer reporting agency to which the Sec-
retary previously reported the status of the 
loan, so as to delete all adverse credit his-
tory assigned to the loan. 
(iii) Not later than 60 days after the 
date on which such claim is adjudicated, 
no longer consider a borrower who has de-
faulted on a loan cancelled or repaid under 
this subparagraph to be in default on such 
loan. 
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1424 
(C) Not later than 10 days after the date 
of adjudication under subparagraph (A), with 
respect to each claim submitted on behalf of not 
less than 20 individuals, provide detailed re-
ports to the authorizing committees, which shall 
include— 
(i) any evidence submitted by the 
State attorney general, which the Secretary 
relied upon in adjudicating the claim; 
(ii) any evidence submitted by the 
State attorney general, which the Secretary 
did not rely upon in adjudicating the 
claim; 
(iii) any other evidence the Secretary 
relied upon in adjudicating the claim; 
(iv) a summary of all efforts to co-
ordinate with the State attorney general to 
ensure a fair adjudication; and 
(v) a detailed legal rationale for the 
Secretary’s adjudication. 
(D) For the duration of the adjudication of 
each claim— 
(i) suspend any payments owed on 
any eligible loan that is the subject of such 
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1425 
claim, including a suspension of any cap-
italization of interest; 
(ii) suspend any involuntary collec-
tions on such loan, including collections 
under— 
(I) a wage garnishment author-
ized under section 488A of the Higher 
Education Act of 1965 (20 U.S.C. 
1095a) or section 3720D of title 31, 
United States Code; 
(II) a reduction of tax refund by 
amount of debt authorized under sec-
tion 3720A of title 31, United States 
Code, or section 6402(d) of the Inter-
nal Revenue Code of 1986; 
(III) a reduction of any other 
Federal benefit payment by adminis-
trative offset authorized under section 
3716 of title 31, United States Code 
(including a benefit payment due to 
an individual under the Social Secu-
rity Act (42 U.S.C. 301 et seq.) or 
any other provision described in sub-
section (c)(3)(A)(i) of such section); 
or 
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(IV) any other involuntary collec-
tion activity by the Secretary; and 
(iii) suspend any interest accrual on 
such loan. 
(E) Not later than 10 days after the date 
of adjudication for which relief is provided 
under subparagraph (B), notify (in writing) 
each individual with respect to whom relief is 
provided of— 
(i) the relief to which the individual is 
entitled pursuant to subparagraph (B), 
and when the individual will receive such 
relief; 
(ii) the individual’s eligibility to re-
ceive assistance under title IV of the High-
er Education Act of 1965 (20 U.S.C. 1070 
et seq.) after receiving relief pursuant to 
subparagraph (B); and 
(iii) any further relief to such bor-
rower as the Secretary determines is ap-
propriate. 
(f) INSTITUTIONAL ACCOUNTABILITY.—With respect 
to each loan cancelled or repaid under this section, the 
Secretary shall initiate an appropriate proceeding to re-
quire the institution of higher education whose act or 
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omission resulted in such cancellation or repayment to 
repay to the Secretary the amount so cancelled or repaid. 
(g) TAXATION.—For purposes of the Internal Rev-
enue Code of 1986, in the case of any relief provided under 
subsection (c)(1) or (e)(2)(B) with respect to a borrower: 
(1) EXCLUSION FROM GROSS INCOME; NO RE-
CAPTURE OF TAX BENEFITS.—No amount shall be 
included in the gross income of such borrower by 
reason of such relief and section 111(b) such Code 
shall not apply with respect to such relief. 
(2) WAIVER OF INFORMATION REPORTING RE-
QUIREMENTS.—Amounts excluded from gross in-
come under paragraph (1) shall not be required to 
be reported (and shall not be taken into account in 
determining whether any reporting requirement ap-
plies) under chapter 61 of such Code. 
Subtitle D—Notifications and Reporting 
NOTIFICATIONS AND REPORTING RELATING TO HIGHER 
EDUCATION 
SEC. 150123. 
(a) NOTIFICATION OF NON-CARES ACT FLEXIBILI-
TIES.— 
(1) NOTICE TO CONGRESS.— 
(A) IN
GENERAL.—Not later than two 
days before the date on which the Secretary 
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grants a flexibility described in paragraph (4), 
the Secretary shall— 
(i) submit to the authorizing commit-
tees a written notification of the Sec-
retary’s intent to grant such flexibility; and 
(ii) publish the notification on a pub-
licly accessible website of the Department 
of Education. 
(B) ELEMENTS.—Each notification under 
subparagraph (A) shall— 
(i) identify the provision of law, regu-
lation, or subregulatory guidance to which 
the flexibility will apply; 
(ii) identify any limitations on the 
flexibility, including any time limits; 
(iii) identify the statutory authority 
under which the flexibility is provided; 
(iv) identify the class of covered enti-
ties to which the flexibility will apply; 
(v) identify whether a covered entity 
will need to request the flexibility or 
whether the flexibility will be applied with-
out request; 
(vi) in the case of a flexibility that re-
quires a covered entity to request the flexi-
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1429 
bility, identify the factors the Secretary 
will consider in approving or denying the 
flexibility; 
(vii) explain how the flexibility is ex-
pected to benefit the covered entity or class 
of covered entities to which it applies; and 
(viii) explain the reasons the flexibility 
is necessary and appropriate due to 
COVID–19. 
(2) QUARTERLY REPORTS.—Not later than 10 
days after the end of each fiscal quarter for the du-
ration of the qualifying emergency through the end 
of the first fiscal year beginning after the conclusion 
of such qualifying emergency, the Secretary shall 
submit to the authorizing committees a report that 
includes, with respect to flexibilities described in 
paragraph (4) that have been issued by the Sec-
retary in the most recently ended fiscal quarter, the 
following: 
(A) In the case of a flexibility that was 
issued by the Secretary without request from a 
covered entity, an explanation of all require-
ments, including reporting requirements, that 
the Secretary imposed on the covered entity as 
a condition of the flexibility. 
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1430 
(B) In the case of a flexibility for which a 
covered entity requested and received specific 
approval from the Secretary— 
(i) identification of the covered entity 
that received the flexibility; 
(ii) an explanation of the specific rea-
sons for approval of the request; 
(iii) a detailed description of the 
terms of the flexibility, including— 
(I) a description of any limita-
tions on the flexibility; and 
(II) identification of each provi-
sion of law (including regulation and 
subregulatory guidance) that is waived 
or modified and, for each such provi-
sion, the statutory authority under 
which the flexibility was provided; and 
(iv) a copy of the final document 
granting the flexibility. 
(C) In the case of any request for a flexi-
bility that was denied by the Secretary— 
(i) identification of the covered entity 
or entities that were denied a flexibility; 
(ii) a detailed description of the terms 
of the request for the flexibility; and 
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1431 
(iii) an explanation of the specific rea-
sons for denial of the request. 
(3) REPORT ON FLEXIBILITIES GRANTED BE-
FORE ENACTMENT.—Not later than 30 days after 
the date of enactment of this Act, the Secretary 
shall submit to the authorizing committees a report 
that— 
(A) identifies each flexibility described in 
paragraph (4) that was granted by the Sec-
retary between March 13, 2020, and the date 
of enactment of this Act; and 
(B) with respect to each such flexibility, 
provides the information specified in paragraph 
(1)(B). 
(4) FLEXIBILITY DESCRIBED.—A flexibility de-
scribed in this paragraph is modification or waiver 
of any provision of the Higher Education Act of 
1965 (20 U.S.C. 1001 et seq.) (including any regu-
lation or subregulatory guidance issued under such 
a provision) that the Secretary determines to be nec-
essary and appropriate to modify or waive due to 
COVID–19, other than a provision of the Higher 
Education Act of 1965 that the Secretary is specifi-
cally authorized to modify or waive pursuant to the 
CARES Act (Public Law 116–136). 
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1432 
(5) PRIVACY.—The Secretary shall ensure that 
any report or notification submitted under this sub-
section does not reveal personally identifiable infor-
mation about an individual student. 
(6) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to authorize the Sec-
retary to waive or modify any provision of law. 
(b) REPORTS ON EXERCISE OF CARES ACT WAIV-
ERS
BY INSTITUTIONS
OF HIGHER EDUCATION.—Not 
later than 30 days after the date of enactment of this Act, 
each institution of higher education that exercises an au-
thority provided under section 3503(c) (as redesignated 
by section 150102 of this Act), section 3504, section 3505, 
section 3508(d), section 3509, or section 3517(b) of the 
CARES Act (Public Law 116–136) shall submit to the 
Secretary a report that describes the nature and extent 
of the institution’s exercise of such authorities, including 
the number of students and amounts of aid provided under 
title IV of the Higher Education Act of 1965 (20 U.S.C. 
1070 et seq.) affected by the exercise of such authorities, 
as applicable. 
(c) REPORTS
ON CHANGES
TO CONTRACTS
AND 
AGREEMENTS.—Not later than 10 days after the end of 
each fiscal quarter for the duration of the qualifying emer-
gency through the end of the first fiscal year beginning 
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after the conclusion of such qualifying emergency, the Sec-
retary shall submit to the authorizing committees a report 
that includes, for the most recently ended fiscal quarter— 
(1) a summary of all modifications to any con-
tracts with Department of Education contractors re-
lating to Federal student loans, including— 
(A) the contractual provisions that were 
modified; 
(B) the names of all contractors affected 
by the modifications; and 
(C) estimates of any costs or savings re-
sulting from the modifications; 
(2) a summary of all amendments, addendums, 
or other modifications to program participation 
agreements with institutions of higher education 
under section 487 of the Higher Education Act of 
1965 (20 U.S.C. 1094), any provisional program 
participation agreements entered into under such 
section, and any COVID–19 provisional program 
participation agreements entered into under section 
150112 of this Act, including— 
(A) any provisions of such agreements that 
were modified by the Department of Education; 
and 
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1434 
(B) the number of institutions of higher 
education that received such modifications or 
entered into such provisional agreements, 
disaggregated by— 
(i) status as a four-year, two-year, or 
less-than-two-year public institution, pri-
vate nonprofit institution, or proprietary 
institution; and 
(ii) each category of minority-serving 
institution described in section 371(a) of 
the Higher Education Act (20 U.S.C. 
1067q); and 
(3) sample copies of program participation 
agreements (including provisional agreements), se-
lected at random from among the agreements de-
scribed in paragraph (2), including at least one 
agreement from each type of institution (whether a 
public institution, private nonprofit institution, or 
proprietary institution) that received a modified or 
provisional agreement. 
(d) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary 
shall submit to the authorizing committees a report 
that includes the following: 
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1435 
(A) A summary of the reports received by 
the Secretary under subsection (b). 
(B) A description of— 
(i) the Secretary’s use of the authority 
under section 3506 of the CARES Act 
(Public Law 116–136) to adjust subsidized 
loan usage limits, including the total num-
ber of students and the total amount of 
subsidized loans under title IV of the 
Higher Education Act of 1965 (20 U.S.C. 
1070 et seq.) affected by the Secretary’s 
use of such authority; 
(ii) the Secretary’s use of the author-
ity under section 3507 of the CARES Act 
(Public Law 116–136) to exclude certain 
periods from the Federal Pell Grant dura-
tion limit, including the total number of 
students and the total amount of Federal 
Pell Grants under section 401 of the High-
er Education Act of 1965 (20 U.S.C. 
1070a) affected by the Secretary’s use of 
such authority; 
(iii) the Secretary’s use of the author-
ity under section 3508 of the CARES Act 
(Public Law 116–136) to waive certain re-
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1436 
quirements for the return of Federal 
funds, including— 
(I) in the case of waivers issued 
to students under such section, the 
total number of students and the total 
amount of aid under title IV of the 
Higher Education Act of 1965 (20 
U.S.C. 1070 et seq.) affected by the 
Secretary’s use of such authority; and 
(II) in the case of waivers issued 
to institutions of higher education 
under such section, the total number 
of students and the total amount of 
aid under title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070 
et seq.) affected by the Secretary’s 
use of such authority. 
(C) A summary of the information re-
quired to be reported to the authorizing com-
mittees under sections 3510 and 3512 of the 
CARES Act (Public Law 116–136), as amend-
ed by this Act, regardless of whether such infor-
mation has previously been reported to such 
committees as of the date of the report under 
this subsection. 
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1437 
(D) Information relating to the temporary 
relief for Federal student loan borrowers pro-
vided under section 3513 of the CARES Act 
(Public Law 116–136), including— 
(i) with respect to the notifications re-
quired under subsection (g)(1) of such sec-
tion— 
(I) the total number of individual 
notifications sent to borrowers in ac-
cordance 
with 
such 
subsection, 
disaggregated by electronic, postal, 
and telephonic notifications; 
(II) the total number of notifica-
tions described in clause (i) that were 
sent within the 15-day period speci-
fied in such subsection; and 
(III) the actual costs to the De-
partment of Education of making the 
notifications under such subsection; 
(ii) the projected costs to the Depart-
ment of Education of making the notifica-
tions required under subsection (g)(2) of 
such section; 
(iii) the number of Federal student 
loan borrowers who have affirmatively 
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1438 
opted-out of payment suspension under 
subsection (a) of such section; 
(iv) the number of individual notifica-
tions sent to employers directing the em-
ployers to halt wage garnishment pursuant 
to 
subsection 
(e) 
of 
such 
section, 
disaggregated by electronic, postal, and tel-
ephonic notifications; 
(v) the number of Federal student 
loan borrowers who have had their wages 
garnished pursuant to section 488A of the 
Higher Education Act of 1965 (20 U.S.C. 
1095a) or section 3720D of title 31, 
United States Code, between March 13, 
2020, and the date of the date of enact-
ment of this Act; 
(vi) the number of Federal student 
loan borrowers subject to interest capital-
ization as a result of consolidating Federal 
student loans since March 13, 2020, and 
the total amount of such interest capital-
ization; 
(vii) the average daily call wait times 
and call drop rates, disaggregated by stu-
dent loan servicer, for the period between 
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1439 
March 13, 2020, and the date of enact-
ment of this Act; and 
(viii) the estimated or projected sav-
ings to the Department of Education for 
student loan servicing activities for the pe-
riod beginning on March 13, 2020, and 
ending on September 30, 2020, due to 
lower reimbursement or contract costs per 
account for student loan servicers and pri-
vate collection agencies resulting from the 
suspension of Federal student loan pay-
ments and halt to collection activities 
under the CARES Act (Public Law 116– 
136). 
(E) Information relating to the special 
rules relating to Federal Direct Consolidation 
Loans under section 150120 of this Act, includ-
ing— 
(i) the number of borrowers who sub-
mitted an application for a Federal Direct 
Consolidation Loan; 
(ii) the number of borrowers who re-
ceived a Federal Direct Consolidation 
Loan; and 
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1440 
(iii) the wait time between submitting 
an application and receiving a Federal Di-
rect Consolidation Loan. 
(F) A summary of the information re-
quired to be reported to the authorizing com-
mittees under section 3517(c) and section 
3518(c) of the CARES Act (Public Law 116– 
136), as amended by this Act, regardless of 
whether such information has previously been 
reported to such committees as of the date of 
the report under this subsection. 
(G) A copy of any communication from the 
Department of Education to grantees and Fed-
eral student loan borrowers eligible for rights 
and benefits under section 3519 of the CARES 
Act (Public Law 116–136) to inform such 
grantees and borrowers of their eligibility for 
such rights and benefits. 
(2) DUTY OF HHS.—The Secretary of Health 
and Human Services shall provide to the Secretary 
of Education the information necessary for the Sec-
retary of Education to comply with paragraph 
(1)(D). 
(e) AMENDMENTS TO CARES ACT REPORTING RE-
QUIREMENTS.— 
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1441 
(1) REPORTING REQUIREMENT FOR HBCU CAP-
ITAL
FINANCING
LOAN
DEFERMENT.—Section 
3512(c) of the CARES Act (Public Law 116–136) 
is amended by striking the period at the end and in-
serting ‘‘, the terms of the loans deferred, and the 
schedule for repayment of the deferred loan 
amount.’’ 
(2) REPORTING
REQUIREMENT
FOR
INSTITU-
TIONAL
AID
MODIFICATIONS.—Section 3517(c) of 
the CARES Act (Public Law 116–136) is amended 
by striking the period at the end and inserting ‘‘, 
identifies the statutory provision waived or modified, 
and describes the terms of the waiver or modifica-
tion received by the institution.’’ 
(3) REPORTING
REQUIREMENT
FOR
GRANT 
MODIFICATIONS.—Section 3518(c) of the CARES 
Act (Public Law 116–136) is amended by striking 
the period at the end and inserting ‘‘and describes 
the terms of the modification received by the institu-
tion or other grant recipient.’’ 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘covered entity’’ means an insti-
tution of higher education, a Federal contractor, a 
student, or any other entity that is subject to the 
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Higher Education Act of 1965 (20 U.S.C. 1001 et 
seq.). 
(2) The term ‘‘Federal student loan’’ means a 
loan described in section 3502(a)(2) of the CARES 
Act (Public Law 116–136), as amended by this Act. 
TITLE II—OTHER PROGRAMS 
Subtitle A—Carl D. Perkins Career and Technical Edu-
cation Act of 2006 and Adult Education and Lit-
eracy COVID–19 National Emergency Response 
DEFINITIONS 
SEC. 150201. 
In this subtitle: 
(1) APPRENTICESHIP; APPRENTICESHIP
PRO-
GRAM.—The terms ‘‘apprenticeship’’ and ‘‘appren-
ticeship program’’ mean an apprenticeship program 
registered under the Act of August 16, 1937 (com-
monly known as the ‘‘National Apprenticeship Act’’) 
(50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), 
including any requirement, standard, or rule promul-
gated under such Act, as such requirement, stand-
ard, or rule was in effect on December 30, 2019. 
(2) CORONAVIRUS.—The term ‘‘coronavirus’’ 
means coronavirus as defined in section 506 of the 
Coronavirus Preparedness and Response Supple-
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1443 
mental Appropriations Act, 2020 (Public Law 116– 
123). 
(3) COVID–19 NATIONAL
EMERGENCY.—The 
term ‘‘COVID–19 national emergency’’ means the 
national emergency declared by the President under 
the National Emergencies Act (50 U.S.C. 1601 et 
seq.) on March 13, 2020, with respect to the 
coronavirus. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
COVID–19 CAREER AND TECHNICAL EDUCATION 
RESPONSE FLEXIBILITY 
SEC. 150202. 
(a) RETENTION OF FUNDS.—Notwithstanding sec-
tion 133(b)(1) of the Carl D. Perkins Career and Tech-
nical Education Act of 2006 (29 U.S.C. 2353(b)(1)), with 
respect to an eligible recipient that, due to the COVID– 
19 national emergency, does not expend all of the amounts 
that the eligible recipient is allocated for academic year 
2019–2020 under section 131 or 132 of the Carl D. Per-
kins Career and Technical Education Act of 2006 (20 
U.S.C. 2351; 2352), the eligible agency that allocated 
such funds to the eligible recipient— 
(1) may authorize the eligible recipient to retain 
such amounts to carry out, during academic year 
2020–2021, any activities described in the applica-
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1444 
tion of eligible recipient submitted under section 
134(b) of such Act (29 U.S.C. 2354(b)) that such 
eligible recipient had intended to carry out during 
academic year 2019–2020; and 
(2) shall ensure that a retention of amounts by 
an eligible recipient under paragraph (1) has no im-
pact on the allocation of amounts to such eligible re-
cipient under section 131 or 132 of the Carl D. Per-
kins Career and Technical Education Act of 2006 
(20 U.S.C. 2351; 2352) for academic year 2020– 
2021. 
(b) POOLING OF FUNDS.—An eligible recipient may, 
in accordance with section 135(c) of the Carl D. Perkins 
Career and Technical Education Act of 2006 (20 U.S.C. 
2355(c)), pool a portion of funds received under such Act 
with a portion of funds received under such Act available 
to one or more eligible recipients to support the transition 
from secondary education to postsecondary education or 
employment for CTE participants whose academic year 
was interrupted by the COVID–19 national emergency. 
(c) PROFESSIONAL
DEVELOPMENT.—During the 
COVID–19 national emergency, section 3(40)(B) of the 
Carl D. Perkins Career and Technical Education Act of 
2006 (20 U.S.C. 2302(40)(B)) shall apply as if ‘‘sustained 
(not stand-alone, 1-day, or short-term workshops), inten-
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1445 
sive, collaborative, job-embedded, data-driven, and class-
room-focused,’’ were struck. 
(d) DEFINITIONS.—Except as otherwise provided, the 
terms in this section have the meanings given the terms 
in section 3 of the Carl D. Perkins Career and Technical 
Education Act of 2006 (20 U.S.C. 2302). 
ADULT EDUCATION AND LITERACY RESPONSE ACTIVITIES 
SEC. 150203. 
(a) ONLINE SERVICE DELIVERY OF ADULT EDU-
CATION
AND
LITERACY
ACTIVITIES.—During 
the 
COVID–19 national emergency, an eligible agency may 
use funds available to such agency under paragraphs (2) 
and (3) of section 222(a) of the Workforce Innovation and 
Opportunity Act (20 U.S.C. 3302(a)) for the administra-
tive expenses of the eligible agency related to transitions 
to online service delivery of adult education and literacy 
activities. 
(b) SECRETARIAL
RESPONSIBILITIES.—Not later 
than 30 days after the date of enactment of this Act, the 
Secretary shall, in carrying out section 242(c)(2)(G) of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3332(c)(2)(G)), identify and disseminate to States strate-
gies and virtual proctoring tools to— 
(1) assess the progress of learners in adult edu-
cation programs based upon valid research, as ap-
propriate, and; 
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(2) measure the progress of such programs in 
meeting the State adjusted levels of performance de-
scribed in section 116(b)(3) of the Workforce Inno-
vation and Opportunity Act (29 U.S.C. 3141(b)(3)). 
(c) DEFINITIONS.—Except as otherwise provided, the 
terms in this section have the meanings given the terms 
in section 203 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3272). 
GENERAL PROVISIONS 
SEC. 150204. 
Notwithstanding any other provision of law, if deter-
mined necessary and appropriate due to the COVID–19 
national emergency by the Secretary, the Secretary may 
waive, for a period not to exceed academic year 2019– 
2020— 
(1) upon the request of a State or Indian Tribe 
receiving funds under title I of the Carl D. Perkins 
Career and Technical Education Act of 2006 (20 
U.S.C. 2321 et seq.), the requirements under section 
421(b) of the General Education Provisions Act (20 
U.S.C. 1225(b)) for the State or Indian Tribe with 
respect to such funds; and 
(2) upon the request of an eligible agency re-
ceiving funds under the Adult Education and Family 
Literacy Act (29 U.S.C. 3271 et seq.), the require-
ments under section 421(b) of the General Edu-
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H6800
tkelley on DSKBCP9HB2PROD with BILLS