255 
Committee on its efforts to mitigate housing insta-
bility caused by the COVID-19 pandemic. 
Provided, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to sec-
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 1201. The provision under the heading ‘‘Office 
of the Inspector General—Salaries and Expenses’’ in title 
XII of division B of the Coronavirus Aid, Relief, and Eco-
nomic Security Act (Public Law 116–136) is amended by 
striking ‘‘with funds made available in this Act to’’ and 
inserting ‘‘by’’: Provided, That the amounts repurposed in 
this section that were previously designated by the Con-
gress as an emergency requirement pursuant to the Bal-
anced Budget and Emergency Deficit Control Act of 1985 
are designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(A)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
SEC. 1202. Amounts made available under the head-
ings ‘‘Project-Based Rental Assistance’’, ‘‘Housing for the 
Elderly’’ and ‘‘Housing for Persons With Disabilities’’ in 
title XII of division B of the CARES Act (Public Law 
116–136) and under such headings in this title of this Act 
may be used, notwithstanding any other provision of law, 
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to provide additional funds to maintain operations for 
such housing, for providing supportive services, and for 
taking other necessary actions to prevent, prepare for, and 
respond to coronavirus, including to actions to self-isolate, 
quarantine, or to provide other coronavirus infection con-
trol services as recommended by the Centers for Disease 
Control and Prevention, including providing relocation 
services for residents of such housing to provide lodging 
at hotels, motels, or other locations: Provided, That the 
amounts repurposed pursuant to this section that were 
previously designated by the Congress as an emergency 
requirement pursuant to the Balanced Budget and Emer-
gency Deficit Control Act of 1985 are designated by the 
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
SEC. 1203. Amounts made available in this Act under 
the headings ‘‘Northeast Corridor Grants to the National 
Railroad Passenger Corporation’’ and ‘‘National Network 
Grants to the National Railroad Passenger Corporation’’ 
shall be used under the same conditions as section 22002 
of title XII of division B of the Coronavirus Aid, Relief, 
and Economic Security Act (Public Law 116–136): Pro-
vided, That the amounts made available in this Act under 
such headings shall be used by the National Railroad Pas-
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257 
senger Corporation to prevent employee furloughs as a re-
sult of efforts to prevent, prepare for, and respond to 
coronavirus: Provided further, That none of the funds 
made available in this Act under such headings may be 
used by the National Railroad Passenger Corporation to 
reduce the frequency of rail service on any long-distance 
route (as defined in section 24102 of title 49, United 
States Code) below frequencies for such routes in fiscal 
year 2019, except in an emergency or during maintenance 
or construction outages impacting such routes: Provided 
further, That the coronavirus shall not qualify as an emer-
gency in the preceding proviso. 
SEC. 1204. For fiscal year 2021, in addition to pay-
ments made pursuant to 53106 of title 46, United States 
Code, the Secretary of Transportation shall pay to the 
contractor for an operating agreement entered into pursu-
ant to chapter 531 of title 46, United States Code, for 
each vessel that is covered by such operating agreement 
as of the date of enactment of this Act, an amount equal 
to $500,000: Provided, That payments authorized by this 
section shall be paid not later than 60 days after the date 
of enactment of this Act: Provided further, That any unob-
ligated balances remaining from the amounts made avail-
able for payments under the heading ‘‘Maritime Adminis-
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tration—Maritime Security Program’’ in any prior Act 
may be used for such payments. 
SEC. 1205. During the duration of the national emer-
gency declared by the President concerning the novel 
coronavirus disease (COVID–19), the Secretary may ex-
tend the time period referenced in 23 U.S.C. 120(e)(1) 
to account for delays in access, construction, repair or 
other similar issues. 
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259 
TITLE XIII 
GENERAL PROVISIONS—THIS DIVISION 
SEC. 1301. Not later than 30 days after the date of 
enactment of this Act, the head of each executive agency 
that receives funding in any division of this Act, or that 
received funding in the Coronavirus Preparedness and Re-
sponse Supplemental Appropriations Act, 2020 (division 
A of Public Law 116–123), the Second Coronavirus Pre-
paredness and Response Supplemental Appropriations 
Act, 2020 (division A of Public Law 116–127), the 
CARES Act (Public Law 116–136), or the Paycheck Pro-
tection Program and Health Care Enhancement Act (Pub-
lic Law 116–139) shall provide a report detailing the an-
ticipated uses of all such funding to the Committees on 
Appropriations of the House of Representatives and the 
Senate: Provided, That each report shall include estimated 
personnel and administrative costs, as well as the total 
amount of funding apportioned, allotted, obligated, and 
expended, to date: Provided further, That each such report 
shall be updated and submitted to such Committees every 
60 days until all funds are expended or expire: Provided 
further, That reports submitted pursuant to this section 
shall satisfy the requirements of section 1701 of division 
A of Public Law 116–127. 
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SEC. 1302. Each amount appropriated or made avail-
able by this Act is in addition to amounts otherwise appro-
priated for the fiscal year involved. 
SEC. 1303. No part of any appropriation contained 
in this Act shall remain available for obligation beyond 
the current fiscal year unless expressly so provided herein. 
SEC. 1304. Unless otherwise provided for by this Act, 
the additional amounts appropriated by this Act to appro-
priations accounts shall be available under the authorities 
and conditions applicable to such appropriations accounts 
for fiscal year 2021. 
SEC. 1305. Each amount designated in this Act by 
the Congress as being for an emergency requirement pur-
suant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 shall be avail-
able (or rescinded or transferred, if applicable) only if the 
President subsequently so designates all such amounts 
and transmits such designations to the Congress. 
SEC. 1306. (a) STATUTORY PAYGO EMERGENCY 
DESIGNATION.—The amounts provided under division B 
and each succeeding division are designated as an emer-
gency requirement pursuant to section 4(g) of the Statu-
tory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)), and 
the budgetary effects shall not be entered on either 
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PAYGO scorecard maintained pursuant to section 4(d) of 
such Act. 
(b) SENATE PAYGO EMERGENCY DESIGNATION.— 
In the Senate, division B and each succeeding division are 
designated as an emergency requirement pursuant to sec-
tion 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018. 
(c) CLASSIFICATION
OF BUDGETARY EFFECTS.— 
Notwithstanding Rule 3 of the Budget Scorekeeping 
Guidelines set forth in the joint explanatory statement of 
the committee of conference accompanying Conference Re-
port 105–217 and section 250(c)(8) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, the 
budgetary effects of division B and each succeeding divi-
sion— 
(1) shall not be estimated for purposes of sec-
tion 251 of such Act; 
(2) shall not be estimated for purposes of para-
graph (4)(C) of section 3 of the Statutory Pay As- 
You-Go Act of 2010 as being included in an appro-
priation Act; and 
(3) shall be treated as if they were contained in 
a PAYGO Act, as defined by section 3(7) of the 
Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 
932(7)). 
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SEC. 1307. (a) Any contract or agreement entered 
into by an agency with a State or local government or any 
other non-Federal entity for the purposes of providing cov-
ered assistance, including any information and documents 
related to the performance of and compliance with such 
contract or agreement, shall be— 
(1) deemed an agency record for purposes of 
section 552(f)(2) of title 5, United States Code; and 
(2) subject to section 552 of title 5, United 
States Code (commonly known as the ‘‘Freedom of 
Information Act’’). 
(b) In this section— 
(1) the term ‘‘agency’’ has the meaning given 
the term in section 551 of title 5, United States 
Code; and 
(2) the term ‘‘covered assistance’’— 
(A) means any assistance provided by an 
agency in accordance with an Act or amend-
ments made by an Act to provide aid, assist-
ance, or funding related to the outbreak of 
COVID–19 that is enacted before, on, or after 
the date of enactment of this Act; and 
(B) includes any such assistance made 
available by an agency under— 
(i) any division of this Act; 
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(ii) the Paycheck Protection Program 
and Health Care Enhancement Act (Public 
Law 116–139), or an amendment made by 
that Act; 
(iii) the CARES Act (Public Law 
116–136), or an amendment made by that 
Act; 
(iv) the Families First Coronavirus 
Response Act (Public Law 116–127), or an 
amendment made by that Act; or 
(v) the Coronavirus Preparedness and 
Response 
Supplemental 
Appropriations 
Act, 2020 (Public Law 116–123), or an 
amendment made by that Act. 
SEC. 1308. (a) Notwithstanding any other provision 
of law and in a manner consistent with other provisions 
in any division of this Act, all laborers and mechanics em-
ployed by contractors and subcontractors on projects fund-
ed directly by or assisted in whole or in part by and 
through the Federal Government pursuant to any division 
of this Act shall be paid wages at rates not less than those 
prevailing on projects of a character similar in the locality 
as determined by the Secretary of Labor in accordance 
with subchapter IV of chapter 31 of title 40, United States 
Code. With respect to the labor standards specified in this 
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264 
section, the Secretary of Labor shall have the authority 
and functions set forth in Reorganization Plan Numbered 
14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
3145 of title 40, United States Code. 
(b) The amounts provided by this section are des-
ignated by the Congress as being for an emergency re-
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
This division may be cited as the ‘‘Coronavirus Re-
covery Supplemental Appropriations Act, 2021’’. 
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DIVISION B—PROVIDING RELIEF 
TO STUDENTS, INSTITUTIONS 
OF 
HIGHER 
EDUCATION, 
LOCAL EDUCATIONAL AGEN-
CIES, 
AND 
STATE 
VOCA-
TIONAL 
REHABILITATION 
AGENCIES 
SEC. 100. SHORT TITLE. 
This division may be cited as the ‘‘Pandemic Edu-
cation Response Act’’. 
TITLE I—HIGHER EDUCATION 
PROVISIONS 
SEC. 101. DEFINITIONS. 
In this title: 
(1) AWARD YEAR.—The term ‘‘award year’’ has 
the meaning given the term in section 481(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1088(a)). 
(2) AUTHORIZING
COMMITTEES.—The term 
‘‘authorizing committees’’ has the meaning given the 
term in section 103 of the Higher Education Act of 
1965 (20 U.S.C. 1003). 
(3) FAFSA.—The term ‘‘FAFSA’’ means an 
application under section 483 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1090) for Federal 
student financial aid. 
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(4) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 102 of the Higher 
Education Act of 1965 (20 U.S.C. 1002). 
(5) 
QUALIFYING
EMERGENCY.—The 
term 
‘‘qualifying emergency’’ has the meaning given the 
term in section 3502 of the CARES Act (Public 
Law 116–136), as amended by this Act. 
(6) QUALIFYING
EMERGENCY
PERIOD.—The 
term ‘‘qualifying emergency period’’ means the pe-
riod— 
(A) beginning on the first day of a quali-
fying emergency; and 
(B) ending on the later of the date on 
which the qualifying emergency expires or June 
30, 2021. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
Subtitle A—Cares Act Amendments 
SEC. 111. APPLICATION OF CAMPUS-BASED AID WAIVERS. 
(a) APPLICATION.—Section 3503 of the CARES Act 
is amended— 
(1) in subsection (a)— 
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(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect as if included in the enact-
ment of the CARES Act (Public Law 116–136). 
SEC. 113. EXTENSION OF FEDERAL WORK-STUDY DURING A 
QUALIFYING EMERGENCY. 
(a) FEDERAL WORK-STUDY DURING A QUALIFYING 
EMERGENCY.—Section 3505 of the CARES Act (Public 
Law 116–136) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘In the event of a 
qualifying emergency’’ and inserting ‘‘Dur-
ing a qualifying emergency period’’; and 
(ii) by striking ‘‘(not to’’ and all that 
follows through the semicolon and insert-
ing ‘‘in which affected students are unable 
to fulfill the students’ work-study obliga-
tion due to such qualifying emergency, as 
follows:’’; 
(B) in paragraph (1), by striking ‘‘as a one 
time grant’’ and inserting ‘‘as a one-time grant 
in each payment period the student is awarded 
work-study’’; and 
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269 
(C) in paragraph (2), by striking ‘‘or was 
not completing the work obligation necessary to 
receive work study funds under such part prior 
to the occurrence of the qualifying emergency’’; 
and 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘for the academic year 
during which a qualifying emergency oc-
curred;’’ and inserting ‘‘for an academic 
year that includes any portion of a quali-
fying emergency period; and’’; and 
(B) by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (2).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect as if included in the enact-
ment of the CARES Act (Public Law 116–136). 
SEC. 114. SERVICE OBLIGATIONS FOR TEACHERS AND 
OTHER PROFESSIONALS. 
(a) AMENDMENT.—Section 3519 of the CARES Act 
(Public Law 116–136) is amended— 
(1) in the section heading, by inserting ‘‘AND 
OTHER
PROFESSIONALS’’ after ‘‘TEACHERS’’; 
and 
(2) by adding at the end the following: 
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‘‘(c) FEDERAL PERKINS LOANS.—Notwithstanding 
section 465 of the Higher Education Act of 1965 (20 
U.S.C. 1087ee), the Secretary shall waive the require-
ments 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.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect as if included in the enact-
ment of the CARES Act (Public Law 116–136). 
SEC. 115. CONTINUING EDUCATION AT AFFECTED FOREIGN 
INSTITUTIONS. 
(a) IN GENERAL.—Section 3510 of the CARES Act 
(20 U.S.C. 1001 note) is amended— 
(1) in subsection (a), by striking ‘‘for the dura-
tion of such emergency’’ and all that follows through 
the period at the end and inserting ‘‘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 pe-
riod applicable to the institution.’’; 
(2) in subsection (b), by striking ‘‘for the dura-
tion of the qualifying emergency and the following 
payment period for purposes of title IV of the High-
er Education Act of 1965 (20 U.S.C. 1070 et seq.).’’ 
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271 
and inserting ‘‘until the end of the covered period 
applicable to the institution.’’; 
(3) in subsection (c), by striking ‘‘for the dura-
tion of the qualifying emergency and the following 
payment period,’’ and inserting ‘‘until all covered pe-
riods for foreign institutions carrying out a distance 
education program authorized under this section 
have ended,’’; 
(4) in subsection (d)— 
(A) in paragraph (1)— 
(i) by striking ‘‘for the duration of a 
qualifying emergency and the following 
payment period,’’ and inserting ‘‘until the 
end of the covered period applicable to a 
foreign institution,’’; and 
(ii) by striking ‘‘allow a foreign insti-
tution’’ and inserting ‘‘allow the foreign in-
stitution’’; 
(B) in each of subparagraphs (A) and (B) 
of paragraph (2), by striking ‘‘subsection (a)’’ 
and inserting ‘‘paragraph (1)’’; 
(C) in paragraph (3)(B), by striking ‘‘30 
days’’ and inserting ‘‘10 days’’; and 
(D) in paragraph (4)— 
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(i) by striking ‘‘for the duration of the 
qualifying emergency and the following 
payment period,’’ and inserting ‘‘until all 
covered periods for foreign institutions that 
entered into written arrangements under 
paragraph (1) have ended,’’; and 
(ii) by striking ‘‘identifies each foreign 
institution that entered into a written ar-
rangement under subsection (a).’’ and in-
serting the following: ‘‘identifies, for each 
such foreign institution— 
‘‘(A) the name of the foreign institution; 
‘‘(B) 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 
‘‘(C) information regarding the nature of 
such written arrangement, including which 
coursework or program requirements are ac-
complished at each respective institution.’’; and 
(5) by adding at the end the following: 
‘‘(e) DEFINITION OF COVERED PERIOD.— 
‘‘(1) IN GENERAL.—In this section, the term 
‘covered period’, when used with respect to a foreign 
institution of higher education, means the period— 
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273 
‘‘(A) beginning on the first day of— 
‘‘(i) a qualifying emergency; or 
‘‘(ii) a public health emergency, major 
disaster or emergency, or national emer-
gency declared by the applicable govern-
ment authorities in the country in which 
the foreign institution is located; and 
‘‘(B) ending on the later of— 
‘‘(i) 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 sub-
paragraph (A)(ii) applicable to the foreign 
institution; or 
‘‘(ii) June 30, 2022. 
‘‘(2) SPECIAL
RULE
FOR
CERTAIN
PAYMENT 
PERIODS.—For purposes of subparagraph (B)(i), if 
the following payment period for an award year ends 
before June 30 of such award year, the covered pe-
riod shall be extended until June 30 of such award 
year.’’. 
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(III) by adding at the end the 
following: 
‘‘(C) the institution may pay, without pen-
alty, any periodic installment of principal or in-
terest required under the loan agreement for 
such loan.’’; and 
(B) 
in 
subsection 
(d), 
by 
striking 
‘‘$62,000,000’’ and inserting ‘‘such sums as 
may be necessary’’. 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect as if enacted as 
part of the Coronavirus Aid, Relief, and Economic 
Security Act (Public Law 116–136). 
(b) ENDOWMENT CHALLENGE GRANTS.—For the du-
ration of a qualifying emergency (as defined in section 
3502 of the Coronavirus Aid, Relief, and Economic Secu-
rity Act (20 U.S.C. 1001 note)), notwithstanding the pro-
visions of subsections (b)(3), (c)(3)(B), and (d) of section 
331 of the Higher Education Act of 1965 (20 U.S.C. 
1065) applicable during the grant period for an endow-
ment challenge grant awarded to an institution under such 
section 331 (20 U.S.C. 1065), the institution may use the 
endowment fund corpus plus any endowment fund in-
come— 
(1) for any educational purpose; or 
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(2) to defray any expenses necessary to the op-
eration of the institution, including expenses of oper-
ations and maintenance, administration, academic 
and support personnel, construction and renovation, 
community and student services programs, and tech-
nical assistance. 
SEC. 117. WAIVER AUTHORITY FOR INSTITUTIONAL AID. 
(a) IN GENERAL.—Section 3517(a)(1)(D) of the 
CARES Act (Public Law 116–136) is amended by striking 
‘‘(b), (c), and (g)’’ and inserting ‘‘(b) and (c)’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect as if included in the enact-
ment of the CARES Act (Public Law 116–136). 
SEC. 118. SCOPE OF MODIFICATIONS TO REQUIRED AND 
ALLOWABLE USES. 
(a) AMENDMENT TO INCLUDE MINORITY SCIENCE 
AND
ENGINEERING
IMPROVEMENT
PROGRAM.—Sub-
section (a) of section 3518 of the CARES Act (Public Law 
116–136) is amended— 
(1) by striking ‘‘part A or B of title III,’’ and 
inserting ‘‘part A, part B, or subpart 1 of part E 
of title III,’’; and 
(2) by inserting ‘‘1067 et seq.;’’ after ‘‘1060 et 
seq.;’’. 
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(b) AMENDMENT
TO
MATCHING
REQUIREMENT 
MODIFICATIONS.—Subsection (b) of section 3518 of the 
CARES Act (Public Law 116–136) is amended— 
(1) by striking ‘‘Notwithstanding’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—Notwithstanding’’; 
(2) in paragraph (1), as so designated by this 
subsection— 
(A) by striking ‘‘is authorized to’’ and in-
serting ‘‘shall’’; and 
(B) by striking ‘‘share’’ and inserting 
‘‘share, non-Federal share,’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) WAIVER OF GEAR UP MATCHING REQUIRE-
MENT.— 
‘‘(A) IN GENERAL.—Notwithstanding sec-
tion 404C(b) of the Higher Education Act of 
1965 (20 U.S.C. 1070a–23(b)), the Secretary 
shall waive, for the duration of the period de-
scribed in subparagraph (B), any requirement 
for an eligible entity (as defined in section 
404A(c) (20 U.S.C. 1070a–21(c))) to provide a 
percentage of the cost of the program author-
ized under chapter 2 of subpart 2 of part A of 
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title IV of the Higher Education Act of 1965 
(20 U.S.C. 1070a–21 et seq.) from State, local, 
institutional, or private funds. 
‘‘(B) DESCRIPTION OF PERIOD.—The pe-
riod described in this subparagraph is the pe-
riod beginning on the first day of a qualifying 
emergency and ending on September 30 of the 
fiscal year following the end of the qualifying 
emergency.’’. 
(c) AMENDMENT TO CLARIFY SCOPE OF AUTHOR-
ITY.—Section 3518 of the CARES Act (Public Law 116– 
136) is further amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) SCOPE OF AUTHORITY.—Notwithstanding sub-
section (a), the Secretary may not modify the required or 
allowable uses of funds for grants awarded under chapter 
I or II of subpart 2 of part A of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070a–11 et seq.; 
1070a–21 et seq.), in a manner that deviates from the 
overall purpose of the grant program, as provided in the 
general authorization, findings, or purpose of the grant 
program under the applicable statutory provision cited in 
such chapter.’’. 
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(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as if included in the enact-
ment of the CARES Act (Public Law 116–136). 
Subtitle B—Financial Aid Access 
SEC. 121. EMERGENCY FINANCIAL AID GRANTS EXCLUDED 
FROM NEED ANALYSIS. 
(a) TREATMENT
OF EMERGENCY FINANCIAL AID 
GRANTS
FOR NEED ANALYSIS.—Notwithstanding any 
provision of the Higher Education Act of 1965 (20 U.S.C. 
1001 et seq.), emergency financial aid grants— 
(1) shall not be included as income or assets 
(including untaxed income and benefits under sec-
tion 480(b) of the Higher Education Act of 1965 
(20 U.S.C. 1807vv(b))) in the computation of ex-
pected family contribution for any program funded 
in whole or in part under the Higher Education Act 
of 1965 (20 U.S.C. 1001 et seq.); and 
(2) shall not be treated as estimated financial 
assistance for the purposes of section 471 or section 
480(j) of the Higher Education Act of 1965 (20 
U.S.C. 1087kk; 1087vv(j)). 
(b) DEFINITION.—In this section, the term ‘‘emer-
gency financial aid grant’’ means— 
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(1) an emergency financial aid grant awarded 
by an institution of higher education under section 
3504 of the CARES Act (Public Law 116–136); 
(2) an emergency financial aid grant from an 
institution of higher education made with funds 
made available under section 18004 of the CARES 
Act (Public Law 116–136); and 
(3) any other emergency financial aid grant to 
a student from a Federal agency, a State, an Indian 
tribe, an institution of higher education, or a schol-
arship-granting organization (including a tribal or-
ganization, as defined in section 4 of the Indian 
Self-Determination and Education Assistance Act 
(25 U.S.C. 5304)) for the purpose of providing fi-
nancial relief to students enrolled at institutions of 
higher education in response to a qualifying emer-
gency. 
SEC. 122. FACILITATING ACCESS TO FINANCIAL AID FOR 
RECENTLY UNEMPLOYED STUDENTS. 
(a) TREATMENT AS DISLOCATED WORKER.— 
(1) IN
GENERAL.—Notwithstanding section 
479(d)(1) of the Higher Education Act of 1965 (20 
U.S.C. 1087ss(d)(1)), any individual who has ap-
plied for, or who is receiving, unemployment benefits 
at the time of the submission of a FAFSA for a cov-
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281 
ered award year shall be treated as a dislocated 
worker for purposes of the need analysis under part 
F of title IV such Act (20 U.S.C. 1087kk et seq.) 
applicable to such award year. 
(2) INFORMATION TO APPLICANTS AND INSTI-
TUTIONS.—The Secretary— 
(A) for each covered award year, shall en-
sure that— 
(i) any question on the FAFSA used 
to determine whether an applicant (or, as 
applicable, a spouse or parent of an appli-
cant) is a dislocated worker includes an ex-
press reference to individuals who have 
been laid off; 
(ii) any help text associated with a 
question described in clause (i) includes a 
description of an applicant’s treatment as 
a dislocated worker under paragraph (1); 
and 
(iii) the FAFSA includes a prominent 
notification, appearing immediately before 
questions related to tax returns or income 
that, if the applicant (or, as applicable, a 
spouse or parent of an applicant) has lost 
significant income earned from work due 
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to a qualifying emergency, the applicant 
should contact the financial aid adminis-
trator at the institution where the appli-
cant plans to enroll to provide current in-
come information; 
(B) in consultation with institutions of 
higher education, shall carry out activities to in-
form applicants for Federal student financial 
aid under the Higher Education Act of 1965 
(20 U.S.C. 1001 et seq.)— 
(i) of the treatment of individuals who 
have applied for, or who are receiving, un-
employment benefits as dislocated workers 
under paragraph (1); 
(ii) of the availability of means-tested 
Federal benefits for which such applicants 
may be eligible; and 
(iii) of the ability of a financial aid 
administrator of an institution of higher 
education to use professional judgment as 
authorized under section 479A of the 
Higher Education Act of 1965 (20 U.S.C. 
1087tt) and in accordance with subsection 
(b), to determine, where appropriate, that 
income earned from work is zero and con-
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283 
sider unemployment benefits to be zero, if 
the applicant (or, as applicable, a spouse 
or parent of an applicant) has applied for 
or is receiving unemployment benefits; 
(C) shall carry out activities to inform in-
stitutions of higher education of the authority 
of such institutions, with explicit written con-
sent of an applicant for Federal student finan-
cial aid under the Higher Education Act of 
1965 (20 U.S.C. 1001 et seq.), to provide infor-
mation collected from such applicant’s FAFSA 
to an organization assisting the applicant in ap-
plying for and receiving Federal, State, local, or 
tribal assistance in accordance with section 312 
of the Department of Defense and Labor, 
Health and Human Services, and Education 
Appropriations Act, 2019 and Continuing Ap-
propriations Act, 2019 (Public Law 115– 245); 
and 
(D) in consultation with the Secretary of 
Labor, shall carry out activities to inform appli-
cants for, and recipients of, unemployment ben-
efits of the availability of Federal student finan-
cial aid under the Higher Education Act of 
1965 (20 U.S.C. 1001 et seq.) and the treat-
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284 
ment of such applicants and recipients as dis-
located workers under paragraph (1). 
(3) IMPLEMENTATION.—The Secretary shall 
implement this subsection not later than 30 days 
after the date of enactment of this Act. 
(4) APPLICABILITY.—Paragraph (1) shall apply 
with respect to a FAFSA submitted on or after the 
earlier of— 
(A) the date on which the Secretary imple-
ments this subsection under paragraph (3); or 
(B) the date that is 30 days after the date 
of enactment of this Act. 
(b) PROFESSIONAL JUDGMENT OF FINANCIAL AID 
ADMINISTRATORS.—For the purposes of making a profes-
sional judgment as authorized under section 479A of the 
Higher Education Act of 1965 (20 U.S.C. 1087tt), a fi-
nancial aid administrator may, during a covered award 
year— 
(1) determine that the income earned from 
work for a student, or a parent or spouse of a stu-
dent, as applicable, is zero, if the student, parent, or 
spouse provides paper or electronic documentation of 
receipt of unemployment benefits or confirmation 
that an application for unemployment benefits was 
submitted; 
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(2) consider the value of unemployment benefits 
for such student, parent, or spouse to be zero; and 
(3) make appropriate adjustments to the data 
items on the FAFSA for a student, parent, or 
spouse, as applicable, based on the totality of the 
family’s situation. 
(c) UNEMPLOYMENT
DOCUMENTATION.—For the 
purposes of documenting unemployment benefits or appli-
cation for such benefits under subsection (b), such docu-
mentation shall be accepted if such documentation is sub-
mitted not more than 90 days from the date on which such 
documentation was issued, unless a financial aid adminis-
trator knows that the student, parent, or spouse, as appli-
cable, has already obtained other employment. 
(d) ADJUSTMENTS TO PROGRAM REVIEW MODEL.— 
The Secretary shall make adjustments to the model used 
to select institutions of higher education participating in 
title IV of the Higher Education Act of 1965 (20 U.S.C. 
1070 et seq.) for program reviews, in order to— 
(1) account for any rise in the use of profes-
sional judgment as authorized under section 479A of 
such Act (20 U.S.C. 1087tt) during the 2020–2021 
and 2021–2022 award years; and 
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(2) ensure that institutions are not penalized 
for an increase in the use of professional judgment 
during such award years. 
(e) DEFINITIONS.—In this section: 
(1) COVERED AWARD YEAR.—The term ‘‘cov-
ered award year’’ means— 
(A) an award year during which there is a 
qualifying emergency; and 
(B) the first award year beginning after 
the end of such qualifying emergency. 
(2) MEANS-TESTED
FEDERAL
BENEFIT.—The 
term ‘‘means-tested Federal benefit’’ includes the 
following: 
(A) The supplemental security income pro-
gram under title XVI of the Social Security Act 
(42 U.S.C. 1381 et seq.). 
(B) The supplemental nutrition assistance 
program under the Food and Nutrition Act of 
2008 (7 U.S.C. 2011 et seq.). 
(C) The free and reduced price school 
lunch program established under the Richard 
B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.). 
(D) The program of block grants for 
States for temporary assistance for needy fami-
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lies established under part A of title IV of the 
Social Security Act (42 U.S.C. 601 et seq.). 
(E) The special supplemental nutrition 
program for women, infants, and children es-
tablished by section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786). 
(F) The Medicaid program under title XIX 
of the Social Security Act (42 U.S.C. 1396 et 
seq.). 
(G) The tax credits provided under the fol-
lowing sections of the Internal Revenue Code of 
1986 (title 26, United States Code): 
(i) Section 25A (relating to American 
Opportunity and Lifetime Learning cred-
its). 
(ii) Section 32 (relating to earned in-
come). 
(iii) Section 36B (relating to refund-
able credit for coverage under a qualified 
health plan). 
(iv) Section 6428 (relating to 2020 re-
covery rebates for individuals). 
(H) Federal housing assistance programs, 
including tenant-based assistance under section 
8(o) of the United States Housing Act of 1937 
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288 
(42 U.S.C. 1437f(o)), and public housing, as 
defined in section 3(b)(1) of such Act (42 
U.S.C. 1437a(b)(1)). 
(I) Such other Federal means-tested bene-
fits as may be identified by the Secretary. 
SEC. 123. STUDENT ELIGIBILITY FOR HIGHER EDUCATION 
EMERGENCY 
RELIEF 
FUND 
AND 
OTHER 
HIGHER EDUCATION FUNDS. 
(a) IN GENERAL.—With respect to student eligibility 
for receipt of funds provided under section 18004 of the 
CARES Act (Public Law 116–136) and under title VIII 
of division A of this Act— 
(1) the Secretary is prohibited from imposing 
any restriction on, or defining, the populations of 
students who may receive such funds other than a 
restriction based solely on the student’s enrollment 
at the institution of higher education; and 
(2) section 401(a) the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1611(a)) shall not apply. 
(b) EFFECTIVE DATE.—Subsection (a) shall take ef-
fect as if included in the enactment of the CARES Act 
(Public Law 116–136), and an institution of higher edu-
cation that provided funds to a student before the date 
of enactment of this Act shall not be penalized if such 
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provision is consistent with such subsection and section 
18004 of the CARES Act (Public Law 116–136). 
SEC. 124. DISTANCE EDUCATION. 
(a) DEFINITION OF DISTANCE EDUCATION.— 
(1) IN
GENERAL.—Notwithstanding section 
103(7) of the Higher Education Act of 1965 (20 
U.S.C. 1003(7)) and except as otherwise specified in 
section 486 of the Higher Education Act of 1965 
(20 U.S.C. 1093), the term ‘‘distance education’’ as 
used in title IV of the Higher Education Act of 1965 
(20 U.S.C. 1070 et seq.) shall have the meaning 
given that term in section 600.2 of title 34, Code of 
Federal Regulations, as amended by the final regula-
tions entitled ‘‘Distance Education and Innovation’’ 
published by the Department of Education in the 
Federal Register on September 2, 2020 (85 Fed. 
Reg. 54809), or any succeeding regulations. 
(2) INFORMATION TO ACCREDITING AGENCY.— 
Not later than 90 days after the date of enactment 
of this Act, each institution of higher education that 
participates in a program under title IV of the High-
er Education Act of 1965 (20 U.S.C. 1070 et seq.) 
and that provides one or more educational programs 
through distance education shall submit to the insti-
tution’s accrediting agency or association, a descrip-
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tion of how the institution plans to meet the require-
ments of this subsection. 
(3) EFFECTIVE
DATE.—This subsection shall 
take effect with respect to any semester (or the 
equivalent) that begins on or after December 1, 
2020. 
(b) APPROVAL
FOR EXPANDED DISTANCE EDU-
CATION.— 
(1) IN GENERAL.— 
(A) IN
GENERAL.—Notwithstanding sec-
tion 481(b)(3) of the Higher Education Act of 
1965 (20 U.S.C. 1088(b)(3)), an institution of 
higher education described in subparagraph (B) 
may deliver distance education by offering pro-
grams in whole or in part through telecommuni-
cations and be eligible to participate in a pro-
gram under title IV if such institution meets 
the requirements of paragraphs (2) through 
(4). 
(B) 
INSTITUTION
OF
HIGHER
EDU-
CATION.—An institution of higher education de-
scribed in this subparagraph is an institution of 
higher education that uses or expands distance 
education— 
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(i) in accordance with the flexibilities 
and waivers provided under the guidance 
of the Secretary on distance education; and 
(ii) without following— 
(I) the standard approval process 
for distance education (as in effect be-
fore March 5, 2020) of the Secretary; 
or 
(II) the evaluation process of in-
stitution’s accrediting agency or asso-
ciation described in paragraph (2)(A). 
(2) COMMENCEMENT OF EVALUATION PROCESS 
WITH THE INSTITUTION’S ACCREDITING AGENCY.— 
(A) IN GENERAL.—Not later than Decem-
ber 31, 2020, each institution described in 
paragraph (1)(B) shall demonstrate to the Sec-
retary that such institution has commenced the 
evaluation process with its accrediting agency 
or association for the purpose of evaluating dis-
tance education to determine whether such in-
stitution has the capability to— 
(i) effectively deliver distance edu-
cation programs; and 
(ii) meet the applicable policies and 
procedures of the accrediting agency or as-
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292 
sociation (as such policies and procedures 
were in effect before March 5, 2020). 
(B) ACCREDITING
AGENCY
OR
ASSOCIA-
TION.—In a case in which an accrediting agen-
cy or association does not have distance edu-
cation in the scope of its recognition at the time 
an institution commences the evaluation process 
described in this paragraph, and such agency 
expands its scope of accreditation to include 
distance education, not later than 30 days after 
such change in scope, such agency shall notify 
the Secretary, in writing, of the change in scope 
to include distance education, in accordance 
with section 496(a)(4)(B)(i)(II) of the Higher 
Education 
Act 
of 
1965 
(20 
U.S.C. 
1099b(a)(4)(B)(i)(II)). 
(3) COMMENCEMENT
OF
APPROVAL
PROCESS 
WITH THE SECRETARY.—Not later than December 
31, 2020, each institution described in paragraph 
(1)(B) shall commence, with the Secretary, the 
standard approval process for distance education of 
the Secretary referred to in paragraph (1)(B)(ii)(I). 
(4) COMPLETION
OF
EVALUATION
AND
AP-
PROVAL PROCESS.— 
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(A) IN GENERAL.—Not later than July 1, 
2021, an institution of higher education de-
scribed in paragraph (1)(B) shall demonstrate 
to the Secretary that— 
(i) the institution has completed the 
evaluation process and standard approval 
process for distance education under para-
graphs (2) and (3), respectively, for each 
of its applicable programs; and 
(ii) each such program meets the ap-
plicable policies and procedures to offer 
distance education that are required by the 
Secretary and the institution’s accrediting 
agency or association under such para-
graphs. 
(B) LOSS OF ELIGIBILITY.—An institution 
of higher education that does not meet the re-
quirements of subparagraph (A) shall cease of-
fering distance education programs until such 
time that such institution demonstrates to the 
Secretary that the institution and each of its 
applicable programs meet the requirements of 
subparagraph (A). 
(c) REQUIREMENTS
FOR CERTAIN COVERED AR-
RANGEMENTS.— 
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(1) ACCREDITOR
REVIEW
FOR
COVERED
AR-
RANGEMENTS
WITH
FOREIGN
INSTITUTIONS.—An 
institution of higher education with a covered ar-
rangement with a foreign institution shall dem-
onstrate to the Secretary that the institution has 
commenced the evaluation process with the institu-
tion’s accrediting agency or association to determine, 
in a case in which the accrediting agency or associa-
tion has standards for the provision of educational 
services to another institution, whether such covered 
arrangement meets the standards. 
(2) REPORTING TO THE SECRETARY.—Begin-
ning not later than 30 days after the date of enact-
ment of this Act, the Secretary shall require the fol-
lowing: 
(A) INSTITUTIONS
WITH
COVERED
AR-
RANGEMENTS
WITH
NON-TITLE-IV
INSTITU-
TIONS OR ORGANIZATIONS.—An institution of 
higher education with a covered arrangement 
with a non-title-IV institution or organization 
shall report to the Secretary not later than 10 
days after the institution of higher education 
establishes or modifies such covered arrange-
ment— 
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295 
(i) the name of the institution or or-
ganization that is not eligible to participate 
in a program under title IV; 
(ii) a summary of such arrangement, 
including the percentages and components 
of the educational program to be offered 
by the institution of higher education and 
such institution or organization; and 
(iii) an attestation that the institution 
of higher education and such institution or 
organization meet the requirements of sec-
tion 668.5(c) of title 34, Code of Federal 
Regulations (as such section is in effect on 
the date of enactment of this Act), includ-
ing the specific determination from the in-
stitution of higher education’s accrediting 
agency or association that the institution’s 
arrangement meets the agency or associa-
tion’s standards for the contracting out of 
educational services. 
(B) INSTITUTIONS
WITH
COVERED
AR-
RANGEMENTS WITH FOREIGN INSTITUTIONS.— 
An institution of higher education with a cov-
ered arrangement with a foreign institution 
shall report to the Secretary— 
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(i) not later than 10 days after such 
institution establishes such covered ar-
rangement— 
(I) the name of the foreign insti-
tution; and 
(II) a summary of such arrange-
ment, including the percentages and 
components of the educational pro-
gram to be offered by the institution 
of higher education and the foreign 
institution; and 
(ii) if applicable, not later than 10 
days after the date on which the institu-
tion’s accrediting agency or association 
provides its determination to the institu-
tion in accordance with paragraph (1), the 
determination made by the institution’s ac-
crediting agency or association. 
(3) INFORMATION MADE AVAILABLE TO STU-
DENTS.— 
(A) INSTITUTIONS
WITH
COVERED
AR-
RANGEMENTS
WITH
NON-TITLE-IV
INSTITU-
TIONS OR ORGANIZATIONS.—An institution of 
higher education with a covered arrangement 
with a non-title-IV institution or organization 
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297 
shall provide directly to enrolled and prospective 
students, and make available on a publicly ac-
cessible website of the institution, a description 
of each covered arrangement with a non-title-IV 
institution or organization, including informa-
tion on— 
(i) the portion of the educational pro-
gram that the institution of higher edu-
cation is not providing; 
(ii) the name and location of the non- 
title-IV institution or organization that is 
providing such portion of the educational 
program; 
(iii) the method of delivery of such 
portion of the educational program; and 
(iv) the estimated additional costs stu-
dents may incur as the result of enrolling 
in an educational program that is provided 
under the covered arrangement. 
(B) INSTITUTIONS
WITH
COVERED
AR-
RANGEMENTS WITH FOREIGN INSTITUTIONS.— 
In the case of an institution of higher education 
with a covered arrangement with a foreign in-
stitution, the foreign institution in such ar-
rangement shall provide the information de-
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298 
scribed in subparagraph (A) regarding the cov-
ered arrangement in the same manner as ap-
plies to an institution of higher education with 
a covered arrangement with a non-title-IV insti-
tution or organization subject to such subpara-
graph. 
(4) ENFORCEMENT.—The Secretary shall take 
such enforcement actions under section 487(c) of the 
Higher Education Act of 1965 (20 U.S.C. 1094(c)) 
as necessary until such time as an institution of 
higher education with a covered arrangement subject 
to this subsection can demonstrate that the institu-
tion meets— 
(A) the standards of the institution’s ac-
crediting agency or association for the con-
tracting out of educational services; and 
(B) in the case of an institution with a 
covered arrangement with a foreign institution, 
the standards, if applicable, of the accrediting 
agency or association for the provision of edu-
cational services to another institution. 
(d) REQUIRED REPORTS.— 
(1) REPORTS BY ACCREDITING AGENCY OR AS-
SOCIATION.— 
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299 
(A) IN GENERAL.—Not later than 15 busi-
ness days after an accrediting agency or asso-
ciation completes the review of an institution of 
higher education subject to the requirements of 
subsection (b) or (c), the accrediting agency or 
association shall publish a report regarding the 
review. 
(B) REQUIREMENTS.—The report under 
subparagraph (A) shall— 
(i) be published on the website of the 
accrediting agency or association; and 
(ii) include a summary of the conclu-
sion and the relevant findings that such 
agency or association provided such insti-
tution of higher education in granting, as 
applicable— 
(I) the approval or denial for an 
institution of higher education to de-
liver distance education under sub-
section (b); or 
(II) the approval or denial of an 
institution of higher education to 
enter into or modify a written ar-
rangement in accordance with sub-
section (c). 
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(2) REPORTS BY SECRETARY.—By March 31, 
2021, and quarterly thereafter, the Secretary shall 
provide the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on 
Education and Labor of the House of Representa-
tives, and publish on a publicly available website, a 
report of the information collected under paragraph 
(1) and subsection (c)(2). 
(e) OTHER DEFINITIONS.—In this section: 
(1) ACCREDITING AGENCY OR ASSOCIATION.— 
The term ‘‘accrediting agency or association’’ 
means— 
(A) an accrediting agency or association 
that is recognized by the Secretary under sub-
part 2 of part H of title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1099b); or 
(B) in the case of a public postsecondary 
vocational institution whose eligibility for Fed-
eral student assistance programs is being deter-
mined by a State agency listed under section 
487(c)(4) of the Higher Education Act of 1965 
(20 U.S.C. 1094(c)(4)), such a State agency. 
(2) COVERED ARRANGEMENT WITH A FOREIGN 
INSTITUTION.—The term ‘‘covered arrangement with 
a foreign institution’’ means a written arrangement 
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entered into between an institution of higher edu-
cation and a foreign institution, on or after March 
13, 2020, to provide an educational program. 
(3) COVERED
ARRANGEMENT
WITH
A
NON- 
TITLE-IV
INSTITUTION
OR
ORGANIZATION.—The 
term ‘‘covered arrangement with a non-title-IV insti-
tution or organization’’ means a written arrange-
ment— 
(A) to provide an educational program that 
satisfies the requirements of section 668.8 of 
title 34, Code of Federal Regulations (as such 
section is in effect on the date of enactment of 
this Act) between an institution of higher edu-
cation and an institution or organization that is 
not eligible to participate in a program under 
title IV; 
(B) entered into, or modified, on or after 
March 13, 2020; and 
(C) through which the institution or orga-
nization that is not eligible to participate in a 
program under title IV will provide more than 
25 percent, but less than 50 percent of the edu-
cational program subject to the arrangement. 
(4) FOREIGN INSTITUTION.—The term ‘‘foreign 
institution’’ means an institution located outside the 
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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)). 
(5) GUIDANCE
OF
THE
SECRETARY
ON
DIS-
TANCE
EDUCATION.—The term ‘‘guidance of the 
Secretary on distance education’’ means the guid-
ance of the Secretary entitled ‘‘UPDATED Guid-
ance 
for 
interruptions 
of 
study 
related 
to 
Coronavirus (COVID–19)’’ dated June 16, 2020 (or 
prior or succeeding guidance). 
(6) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given that term in section 102 of the High-
er Education Act of 1965 (20 U.S.C. 1002). 
(7) PROGRAM
UNDER
TITLE
IV.—The term 
‘‘program under title IV’’ means the following pro-
grams under title IV of the Higher Education Act 
of 1965 (20 U.S.C. 1070 et seq.): 
(A) The Federal Pell Grant program under 
section 401 of such Act (20 U.S.C. 1070a). 
(B) The Federal Supplemental Edu-
cational Opportunity Grant program under sub-
part 3 of part A of such title IV (20 U.S.C. 
1070b). 
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(C) The Federal work-study program 
under part C of such title IV (20 U.S.C. 1087– 
51 et seq.). 
(D) The Federal Direct Loan program 
under part D of such title IV (20 U.S.C. 1087a 
et seq.). 
SEC. 125. REQUIREMENTS FOR TEACH-OUT PLANS AND 
TEACH-OUT AGREEMENTS. 
(a) REQUIREMENTS.— 
(1) IN
GENERAL.—Notwithstanding section 
487(f)(2) of the Higher Education Act of 1965 (20 
U.S.C. 1094(f)(2)), in the event an institution of 
higher education, during the period described in sub-
section (d), is required to submit to its accrediting 
agency or association a teach-out plan (in accord-
ance with section 487(f) and section 496(c)(3) of 
such Act (20 U.S.C. 1094(f); 1099b(c)(3))), or to 
submit a teach-out agreement among institutions (in 
accordance with section 496(c)(6) of such Act (20 
U.S.C. 1099b(c)(6))), the following shall apply to 
such plans and agreements: 
(A) The definitions and requirements de-
scribed in this subsection. 
(B) Any other applicable standards of the 
institution’s accrediting agency or association. 
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(C) Any other provisions the Secretary of 
Education determines are necessary to protect 
the interests of the United States and to pro-
mote the purposes of this section. 
(2) CLOSING
INSTITUTION
DEFINED.—The 
term ‘‘closing institution’’ means an institution of 
higher education— 
(A) that ceases to operate or plans to cease 
operations before all enrolled students have 
completed their program of study; or 
(B) that has an institutional location 
that— 
(i) provides 100 percent of at least 1 
program offered by the institution of high-
er education; and 
(ii) ceases to operate or plans to cease 
operations before all enrolled students have 
completed their program of study. 
(3) TEACH-OUT PLANS.— 
(A) TEACH-OUT
PLAN
DEFINED.—The 
term ‘‘teach-out plan’’ means a written plan de-
veloped by a closing institution that provides for 
the equitable treatment of students. 
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(B) CONTENTS OF TEACH-OUT PLANS.—A 
teach-out plan shall include a record-retention 
plan that includes— 
(i) a plan for the custody (including 
by any applicable State authorizing agen-
cies), and the disposition, of teach-out 
records that meets the requirements of 
paragraph (5)(B)(iii); 
(ii) an assurance that in the event of 
the closure of the institution or an institu-
tional location of the institution, such in-
stitution— 
(I) will meet the requirements of 
paragraph (5)(B)(iv); and 
(II) will refund students the 
amount of any unearned tuition, ac-
count balances, and student fees, and 
refunds due; and 
(iii) an estimate of the costs necessary 
to carry out such record-retention plan. 
(4) TEACH-OUT
AGREEMENT
DEFINED.—The 
term ‘‘teach-out agreement’’ means a written agree-
ment between a closing institution and one or more 
other institutions of higher education (in this section 
referred to as a ‘‘teach-out institution)’’ that— 
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(A) provides for the equitable treatment of 
students and a reasonable opportunity for stu-
dents to complete their program of study; and 
(B) meets the requirements in section 
496(c)(6) of the Higher Education Act of 1965 
(20 U.S.C. 1099b(c)(6)). 
(5) APPROVAL OF TEACH-OUT AGREEMENTS.— 
In approving a teach-out agreement, the accrediting 
agency or association shall determine a timeline for 
an interim teach-out agreement and a final teach-out 
agreement that provides for the equitable treatment 
of students and ensures— 
(A) that the teach-out institution— 
(i) to the extent practicable, is an in-
stitution of higher education that meets 
the requirements of section 101 or section 
102(c) of the Higher Education Act of 
1965 (20 U.S.C. 1001; 1002(c)); 
(ii) has the necessary experience, re-
sources, and support services to provide an 
educational program that is of acceptable 
quality and reasonably similar in content, 
delivery modality, and scheduling to that 
provided by the closing institution with 
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307 
which the teach-out institution has entered 
into the teach-out agreement; 
(iii) has not been subject to a sanction 
of probation or equivalent or show cause 
by its accrediting agency or association or 
any applicable State authorizing or licens-
ing agency in the past 5 years; and 
(iv) shows no evidence of significant 
problems (including financial stability or 
administrative capability) that affect the 
institution’s capacity to carry out its mis-
sion and meet all obligations to enrolled 
students, which shall include a showing 
that there is no evidence of the conditions 
described in section 602.24(c)(8) of title 
34, Code of Federal Regulations, as in ef-
fect on the date of enactment of this Act; 
and 
(B) that the closing institution— 
(i) provides the accrediting agency or 
association and the Secretary a complete 
list of all students who are enrolled in each 
program at the institution or who have 
withdrawn from the institution within the 
last 180 days, including each student’s 
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name, contact information, program of 
study, the program requirements each stu-
dent has completed, and the estimated 
date of completion in the absence of the 
closure of such institution or institutional 
location; 
(ii) provides to the accrediting agency 
or association and the Secretary, for each 
program of study at the closing institution, 
records of any agreements pertaining to 
the acceptance of students, transfer of 
credits, articulation agreements, or waiver 
of program requirements between the clos-
ing institution and any other institutions 
of higher education; 
(iii) provides a record-retention plan 
to all enrolled students that delineates the 
final disposition of teach-out records, 
digitally where practicable, including stu-
dent transcripts, billing, financial aid 
records, and the amount of any unearned 
tuition, account balances, student fees, and 
refunds due to each such student; 
(iv) releases all financial holds placed 
on student records and, for the 3-year pe-
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309 
riod beginning on the date of the closure of 
such institution or institutional location, 
provides each student (including each stu-
dent who withdrew from such institution 
during the 180-day period prior to the date 
of such closure) with the student’s official 
transcripts and complete academic records 
at no cost to the student; 
(v) provides students with informa-
tion, using standard language developed by 
the Secretary under subsection (b), regard-
ing— 
(I) the benefits and consequences 
of choosing to— 
(aa) continue the student’s 
studies by transferring to a 
teach-out institution; and 
(bb) receive a closed school 
discharge under section 437(c)(1) 
and section 464(g)(1) of the 
Higher Education Act of 1965 
(20 
U.S.C. 
1087(c)(1); 
1087dd(g)(1)); and 
(II) if applicable, information on 
institutional and State refund policies; 
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(vi) provides students with informa-
tion about additional tuition and fee 
charges, if any, at the teach-out institu-
tion; and 
(vii) provides students with accurate 
information on the number and types of 
credits the teach-out institution is willing 
to accept prior to the student’s enrollment 
in that institution or any other institution 
of higher education with which the closing 
institution has an articulation agreement. 
(6) SUBMISSION
OF
TEACH-OUT
PLANS
AND 
TEACH-OUT AGREEMENTS.— 
(A) SUBMISSION
OF
NOTICE.—Not later 
than 10 days after being required to submit a 
teach-out plan or teach-out agreement to its ac-
crediting agency or association, the institution 
of higher education shall submit a notice of 
such plan or agreement to the Secretary of 
Education and to any applicable State author-
izing agencies of such institution. 
(B) SUBMISSION
OF
PLAN
OR
AGREE-
MENT.—Not later than 5 days after receiving 
approval from its accrediting agency or associa-
tion of a teach-out plan or teach-out agreement, 
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311 
as applicable, the institution of higher edu-
cation shall submit the approved plan or agree-
ment to the Secretary of Education and to any 
applicable State authorizing agencies of such 
institution. 
(b) STANDARD LANGUAGE.—Not later than 60 days 
after the date of the enactment of this section, the Sec-
retary of Education shall publish standard language relat-
ing to closed school discharges for purposes of subsection 
(a)(5)(B)(v). 
(c) PROHIBITION ON MISREPRESENTATIONS.— 
(1) IN GENERAL.—An institution of higher edu-
cation is prohibited from engaging in misrepresenta-
tion about the nature of teach-out plans, teach-out 
agreements, and transfer of credit. 
(2) SANCTIONS.— Upon determination, after 
reasonable notice and opportunity for a hearing, that 
an institution of higher education is in violation of 
this subsection, the Secretary of Education— 
(A) shall impose a civil penalty not to ex-
ceed $25,000 for each misrepresentation; and 
(B) may impose an additional sanction de-
scribed in section 497(c)(3) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1094(c)(3)). 
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(d) COVERED PERIOD.—The provisions of this sec-
tion shall be in effect during the period beginning on the 
date of enactment of this Act and ending on the date on 
which on which sections 487(f) of the Higher Education 
Act of 1965 (20 U.S.C. 1094(f)) or paragraphs (3) and 
(6) of section 493(c) of such Act (20 U.S.C. 1098b(c)) 
are amended or repealed. 
Subtitle C—Federal Student Loan 
Relief 
PART 1—TEMPORARY RELIEF FOR FEDERAL 
STUDENT BORROWERS 
SEC. 131. EXPANDING LOAN RELIEF TO ALL FEDERAL STU-
DENT LOAN BORROWERS. 
Section 3502(a) of division A of the Coronavirus Aid, 
Relief, and Economic Security Act (Public Law 116–136) 
is amended— 
(1) by redesignating paragraphs (2) through 
(5) as paragraphs (3) through (6), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) FEDERAL
STUDENT
LOAN.—The term 
‘Federal student loan’ means a loan— 
‘‘(A) made under part B, part D, or part 
E of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1071 et seq., 1087a et seq., 
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313 
1087aa et seq.), and held by the Department of 
Education; 
‘‘(B) made, insured, or guaranteed under 
part B of such title, or made under part E of 
such title, and not held by the Department of 
Education; or 
‘‘(C) made under— 
‘‘(i) subpart II of part A of title VII 
of the Public Health Service Act (42 
U.S.C. 292q et seq.); or 
‘‘(ii) part E of title VIII of the Public 
Health Service Act (42 U.S.C. 297a et 
seq.).’’. 
SEC. 132. EXTENDING THE LENGTH OF BORROWER RELIEF 
DUE TO THE CORONAVIRUS EMERGENCY. 
Section 3513 of division A of the Coronavirus Aid, 
Relief, and Economic Security Act (Public Law 116–136) 
is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) SUSPENSION OF PAYMENTS.— 
‘‘(1) IN GENERAL.—During the period begin-
ning on March 13, 2020, and ending on September 
30, 2021, the Secretary or, as applicable, the Sec-
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retary of Health and Human Services, shall suspend 
all payments due on Federal student loans. 
‘‘(2) TRANSITION PERIOD.—For one additional 
30-day period beginning on the day after the last 
day of the suspension period described in subsection 
(a), the Secretary or, as applicable, the Secretary of 
Health and Human Services, shall ensure that any 
missed payments on a Federal student loan by a 
borrower during such additional 30-day period— 
‘‘(A) do not result in collection fees or pen-
alties associated with late payments; and 
‘‘(B) are not reported to any consumer re-
porting agency or otherwise impact the bor-
rower’s credit history. 
‘‘(3) DETERMINATION
OF
COMPENSATION.— 
The Secretary or, as applicable, the Secretary of 
Health and Human Services shall— 
‘‘(A) with respect to a holder of a Federal 
student loan defined in subparagraph (B) or 
(C) of section 3502(a)(2)— 
‘‘(i) determine any losses for such 
holder due to the suspension of payments 
on such loan under paragraph (1); and 
‘‘(ii) establish reasonable compensa-
tion for such losses; and 
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‘‘(B) not later than 60 days after the date 
of enactment of the Pandemic Education Re-
sponse Act, with respect to a borrower who 
made a payment on a Federal student loan de-
fined in subparagraph (B) or (C) of section 
3502(a)(2) during the period beginning on 
March 13, 2020, and ending on such date of 
enactment, the Secretary shall pay to the bor-
rower, an amount equal to the lower of— 
‘‘(i) the amount paid by the borrower 
on such loan during such period; or 
‘‘(ii) the amount that was due on such 
loan during such period. 
‘‘(4) RECERTIFICATION.—A borrower who is re-
paying a Federal student loan pursuant to an in-
come-contingent 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 re-
payment plan under section 493C of such Act (20 
U.S.C. 1098e) shall not be required to recertify the 
income or family size of the borrower under such 
plan prior to December 31, 2021.’’; 
(2) in subsection (c), by striking ‘‘part D or B 
of title IV of the Higher Education Act of 1965 (20 
U.S.C. 1087a et seq.; 1071 et seq.)’’ and inserting 
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316 
‘‘part B, D, or E of title IV of the Higher Education 
Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.; 
1087aa et seq.)’’; 
(3) in subsection (d), by striking ‘‘During the 
period in which the Secretary suspends payments on 
a loan under subsection (a), the Secretary’’ and in-
serting ‘‘During the period in which payments on a 
Federal student loan are suspended under subsection 
(a), the Secretary or, as applicable, the Secretary of 
Health and Human Services’’; 
(4) in subsection (e), by striking ‘‘During the 
period in which the Secretary suspends payments on 
a loan under subsection (a), the Secretary’’ and in-
serting ‘‘During the period in which payments on a 
Federal student loan are suspended under subsection 
(a), the Secretary or, as applicable, the Secretary of 
Health and Human Services’’; and 
(5) in subsection (f), by striking ‘‘the Sec-
retary’’ and inserting ‘‘the Secretary or, as applica-
ble, the Secretary of Health and Human Services,’’.’’ 
SEC. 133. NO INTEREST ACCRUAL. 
Section 3513(b) of division A of the Coronavirus Aid, 
Relief, and Economic Security Act (Public Law 116–136) 
is amended to read as follows: 
‘‘(b) PROVIDING INTEREST RELIEF.— 
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after the national U–5 measure of 
labor underutilization shows initial 
signs of recovery. 
‘‘(ii) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) NATIONAL U–5 MEASURE OF 
LABOR
UNDERUTILIZATION.—The 
term ‘national U–5 measure of labor 
underutilization’ means the season-
ally-adjusted, monthly U–5 measure 
of labor underutilization published by 
the Bureau of Labor Statistics. 
‘‘(II) INITIAL SIGNS OF RECOV-
ERY.—The term ‘initial signs of recov-
ery’ means that the average national 
U–5 measure of labor underutilization 
for months in the most recent 3-con-
secutive-month period for which data 
are available— 
‘‘(aa) is lower than the high-
est value of the average national 
U–5 measure of labor under-
utilization for a 3-consecutive- 
month period during the period 
beginning in March 2020 and the 
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354 
(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 
opted-out of payment suspension under 
subsection (a) of such section; 
(iv) the number of individual notifica-
tions sent to employers directing the em-
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