Sec. 100101 Short title
This title may be cited as the “COVID–19 Pandemic Education Relief Act of 2020”.
Division J — Education Relief and Other Programs
J Education Relief and Other Programs
I Education provisions
Sec. 100102 Definitions
In this title:
Coronavirus— The term coronavirus has the meaning given that term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123).
Institution of higher education— The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
Qualifying emergency— The term qualifying emergency means—
a public health emergency related to the coronavirus declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d);
an event related to the coronavirus for which the President declared a major disaster or an emergency under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191); or
a national emergency related to the coronavirus declared by the President under section 201 of the National Emergencies Act (50 U.S.C. 1601 et seq.).
Secretary— The term Secretary means the Secretary of Education.
Foreign institution— The term foreign institution means an institution of higher education located outside the United States that is described in paragraphs (1)(C) and (2) of section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)).
Sec. 100103 Campus-based aid waivers
Waiver of non-Federal share requirement— Notwithstanding sections 413C(a)(2) and 443(b)(5) of the Higher Education Act of 1965 (20 U.S.C. 1070b–2(a)(2) and 1087–53(b)(5)), with respect to funds made available for award years 2019–2020 and 2020–2021, the Secretary shall waive the requirement that a participating institution of higher education provide a non-Federal share to match Federal funds provided to the institution for the programs authorized pursuant to subpart 3 of part A and part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070b et seq. and 1087–51 et seq.) for all awards made under such programs during such award years, except nothing in this subsection shall affect the non-Federal share requirement under section 443(c)(3) of such Act that applies to private for-profit organizations.
Authority to reallocate— Notwithstanding sections 413D, 442, and 488 of the Higher Education Act of 1965 (20 U.S.C. 1070b–3, 1087–52, and 1095), during a period of a qualifying emergency, an institution may transfer up to 100 percent of the institution’s unexpended allotment under section 442 of such Act to the institution’s allotment under section 413D of such Act, but may not transfer any funds from the institution’s unexpended allotment under section 413D of such Act to the institution’s allotment under section 442 of such Act.
Sec. 100104 Use of supplemental educational opportunity grants for emergency aid
In general— Notwithstanding section 413B of the Higher Education Act of 1965 (20 U.S.C. 1070b–1), an institution of higher education may reserve any amount of an institution’s allocation under subpart 3 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070b et seq.) for a fiscal year to award, in such fiscal year, emergency financial aid grants to assist undergraduate or graduate students for unexpected expenses and unmet financial need as the result of a qualifying emergency.
Determinations— In determining eligibility for and awarding emergency financial aid grants under this section, an institution of higher education may—
waive the amount of need calculation under section 471 of the Higher Education Act of 1965 (20 U.S.C. 1087kk);
allow for a student affected by a qualifying emergency to receive funds in an amount that is not more than the maximum Federal Pell Grant for the applicable award year; and
utilize a contract with a scholarship-granting organization designated for the sole purpose of accepting applications from or disbursing funds to students enrolled in the institution of higher education, if such scholarship-granting organization disburses the full allocated amount provided to the institution of higher education to the recipients.
Special rule— Any emergency financial aid grants to students under this section shall not be treated as other financial assistance for the purposes of section 471 of the Higher Education Act of 1965 (20 U.S.C. 1087kk).
Sec. 100105 Federal work-study during a qualifying emergency
In general— In the event of a qualifying emergency, an institution of higher education participating in the program under part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087–51 et seq.) may make payments under such part to affected work-study students, for the period of time (not to exceed one academic year) in which affected students were unable to fulfill the students’ work-study obligation for all or part of such academic year due to such qualifying emergency, as follows:
Payments may be made under such part to affected work-study students in an amount equal to or less than the amount of wages such students would have been paid under such part had the students been able to complete the work obligation necessary to receive work study funds, as a one time grant or as multiple payments.
Payments shall not be made to any student who was not eligible for work study or was not completing the work obligation necessary to receive work study funds under such part prior to the occurrence of the qualifying emergency.
Any payments made to affected work-study students under this subsection shall meet the matching requirements of section 443 of the Higher Education Act of 1965 (20 U.S.C. 1087–53), unless such matching requirements are waived by the Secretary.
Definition of affected work-Study student— In this section, the term affected work-study student means a student enrolled at an eligible institution participating in the program under part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087–51 et seq.) who—
received a work-study award under section 443 of the Higher Education Act of 1965 (20 U.S.C. 1087–53) for the academic year during which a qualifying emergency occurred;
earned Federal work-study wages from such eligible institution for such academic year; and
was prevented from fulfilling the student’s work-study obligation for all or part of such academic year due to such qualifying emergency.
Sec. 100106 Adjustment of subsidized loan usage limits
Notwithstanding section 455(q)(3) of the Higher Education Act of 1965 (20 U.S.C. 1087e(q)(3)), the Secretary shall exclude from a student’s period of enrollment for purposes of loans made under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) any semester (or the equivalent) that the student does not complete due to a qualifying emergency, if the Secretary is able to administer such policy in a manner that limits complexity and the burden on the student.
Sec. 100107 Exclusion from Federal Pell Grant duration limit
The Secretary shall exclude from a student’s Federal Pell Grant duration limit under section 401(c)(5) of the Higher Education Act of 1965 (2 U.S.C. 1070a(c)(5)) any semester (or the equivalent) that the student does not complete due to a qualifying emergency if the Secretary is able to administer such policy in a manner that limits complexity and the burden on the student.
Sec. 100108 Institutional refunds and federal student loan flexibility
Institutional waiver—
In general— The Secretary shall waive the institutional requirement under section 484B of the Higher Education Act of 1965 (20 U.S.C. 1091b) with respect to the amount of grant or loan assistance (other than assistance received under part C of title IV of such Act) to be returned under such section if a recipient of assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) withdraws from the institution of higher education during the payment period or period of enrollment as a result of a qualifying emergency.
Waivers— The Secretary shall require each institution using a waiver relating to the withdrawal of recipients under this subsection to report the number of such recipients, the amount of grant or loan assistance (other than assistance received under part C of title IV of such Act) associated with each such recipient, and the total amount of grant or loan assistance (other than assistance received under part C of title IV of such Act) for which each institution has not returned assistance under title IV to the Secretary.
Student waiver— The Secretary shall waive the amounts that students are required to return under section 484B of the Higher Education Act of 1965 (20 U.S.C. 1091b) with respect to Federal Pell Grants or other grant assistance if the withdrawals on which the returns are based are withdrawals by students who withdrew from the institution of higher education as a result of a qualifying emergency.
Canceling loan obligation— Notwithstanding any other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Secretary shall cancel the borrower’s obligation to repay the entire portion of a loan made under part D of title IV of such Act (20 U.S.C. 1087a et seq.) associated with a payment period for a recipient of such loan who withdraws from the institution of higher education during the payment period as a result of a qualifying emergency.
Approved leave of absence— Notwithstanding any other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), for purposes of receiving assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an institution of higher education may, as a result of a qualifying emergency, provide a student with an approved leave of absence that does not require the student to return at the same point in the academic program that the student began the leave of absence if the student returns within the same semester (or the equivalent).
Sec. 100109 Satisfactory academic progress
Notwithstanding section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091), in determining whether a student is maintaining satisfactory academic progress for purposes of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an institution of higher education may, as a result of a qualifying emergency, exclude from the quantitative component of the calculation any attempted credits that were not completed by such student without requiring an appeal by such student.
Sec. 100110 Continuing education at affected foreign institutions
In general— Notwithstanding section 481(b) of the Higher Education Act of 1965 (20 U.S.C. 1088(b)), with respect to a foreign institution, in the case of a public health emergency, major disaster or emergency, or national emergency declared by the applicable government authorities in the country in which the foreign institution is located, the Secretary may permit any part of an otherwise eligible program to be offered via distance education for the duration of such emergency or disaster and the following payment period for purposes of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
Eligibility— An otherwise eligible program that is offered in whole or in part through distance education by a foreign institution between March 1, 2020, and the date of enactment of this Act shall be deemed eligible for the purposes of part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) for the duration of the emergency or disaster affecting the institution as described in subsection (a) and the following payment period for purposes of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). An institution of higher education that uses the authority provided in the previous sentence shall report such use to the Secretary—
for the 2019–2020 award year, not later than June 30, 2020; and
for an award year subsequent to the 2019–2020 award year, not later than 30 days after such use.
Report— Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter for the duration of the applicable disaster or emergency and the following payment period, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that identifies each foreign institution that carried out a distance education program authorized under this section.
Written arrangements—
In general— Notwithstanding section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), with respect to a foreign institution, in the case of a public health emergency, major disaster or emergency, or national emergency declared by the applicable government authorities in the country in which the foreign institution is located, the Secretary may allow a foreign institution to enter into a written arrangement with an institution of higher education located in the United States that participates in the Federal Direct Loan Program under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.), for the duration of such emergency or disaster and the following payment period, for the purpose of allowing a student of the foreign institution who is a borrower of a loan made under such part to take courses from the institution of higher education located in the United States.
Form of arrangements—
Public or other nonprofit institutions— A foreign institution that is a public or other nonprofit institution may enter into a written arrangement under paragraph (1) only with an institution of higher education described in section 101 of such Act (20 U.S.C. 1001).
Other institutions— A foreign institution that is a graduate medical school, nursing school, or a veterinary school and that is not a public or other nonprofit institution may enter into a written arrangement under paragraph (1) with an institution of higher education described in section 101 or section 102 of such Act (20 U.S.C. 1001 and 1002).
Report on use— An institution of higher education that uses the authority described in paragraph (2) shall report such use to the Secretary—
for the 2019–2020 award year, not later than June 30, 2020; and
for an award year subsequent to the 2019–2020 award year, not later than 30 days after such use.
Report from the secretary— Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter for the duration of the applicable disaster or emergency and the following payment period, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that identifies each foreign institution that entered into a written arrangement authorized under paragraph (1).
Sec. 100111 HBCU capital financing
Deferment period—
In general— Notwithstanding any provision of title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.), or any regulation promulgated under such title, the Secretary may grant a deferment, for the duration of a qualifying emergency, to an institution of higher education that has received a loan under part D of title III of such Act (20 U.S.C. 1066 et seq.).
Terms— During the deferment period granted under this subsection—
the institution of higher education shall not be required to pay any periodic installment of principal or interest required under the loan agreement for such loan; and
the Secretary shall make principal and interest payments otherwise due under the loan agreement.
Closing— At the closing of a loan deferred under this subsection, terms shall be set under which the institution of higher education shall be required to repay the Secretary for the payments of principal and interest made by the Secretary during the deferment, on a schedule that begins upon repayment to the lender in full on the loan agreement, except in no case shall repayment be required to begin before the date that is 1 full fiscal year after the date that is the end of the qualifying emergency.
Termination date—
In general— The authority provided under this section to grant a loan deferment under subsection (a) shall terminate on the date on which the qualifying emergency is no longer in effect.
Duration— Any provision of a loan agreement or insurance agreement modified by the authority under this section shall remain so modified for the duration of the period covered by the loan agreement or insurance agreement.
Report— Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter during the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that identifies each institution of higher education that received assistance under this section.
Sec. 100112 Waiver authority and reporting requirement for institutional aid
Waiver authority— Notwithstanding any other provision of the Higher Education Act of 1965 (U.S.C. 1001 et seq.), unless enacted with specific reference to this section, for any institution of higher education that was receiving assistance under title III, title V, or subpart 4 of part A of title VII of such Act (20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) at the time of a qualifying emergency, the Secretary may, for the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency—
waive—
the eligibility data requirements set forth in section 391(d) and 521(e) of the Higher Education Act of 1965 (20 U.S.C. 1068(d) and 1103(e));
the wait-out period set forth in section 313(d) of the Higher Education Act of 1965 (20 U.S.C. 1059(d));
the allotment requirements under paragraphs (2) and (3) of subsection 318(e) of the Higher Education Act of 1965 (20 U.S.C. 1059e(e)), and references to “the academic year preceding the beginning of that fiscal year” in paragraph (1);
the allotment requirements under subsections (b), (c), and (g) of section 324 of the Higher Education Act of 1965 (20 U.S.C. 1063), and references to “the end of the school year preceding the beginning of that fiscal year” under subsection (a) and references to “the academic year preceding such fiscal year” under subsection (h) of such section;
subparagraphs (A), (C), (D), and (E) of section 326(f)(3) of the Higher Education Act of 1965 (20 U.S.C. 1063b(f)(3)), and references to “previous year” under subparagraph (B) of such section;
subparagraphs (A), (C), (D), and (E) of section 723(f)(3) and section 724(f)(3) of the Higher Education Act of 1965 (20 U.S.C. 1136a(f)(3) and 1136b(f)(3)), and references to “previous academic year” under subparagraph (B) of such sections; and
the allotment restriction set forth in section 318(d)(4) and 323(c)(2) of the Higher Education Act of 1965 (20 U.S.C. 1059e(d)(4) and 1062(c)(2)); and
waive or modify any statutory or regulatory provision to ensure that institutions that were receiving assistance under title III, title V, or subpart 4 of part A of title VII of such Act (20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) at the time of a qualifying emergency are not adversely affected by any formula calculation for fiscal year 2020 and for the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency, as necessary.
Use of unexpended funds— Any funds paid to an institution under title III, title V, or subpart 4 of part A of title VII of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) and not expended or used for the purposes for which the funds were paid to the institution during the 5-year period following the date on which the funds were first paid to the institution, may be carried over and expended during the succeeding 5-year period.
Report— Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter for the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that identifies each institution that received a waiver or modification under this section.
Sec. 100113 Authorized uses and other modifications for grants
In general— The Secretary is authorized to modify the required and allowable uses of funds for grants awarded under part A or B of title III, chapters I or II of subpart 2 of part A of title IV, title V, or subpart 4 of part A of title VII of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.; 1060 et seq.; 1070a–11 et seq.; 1070a–21 et seq.; 1101 et seq.; 1136a et seq.) to an institution of higher education or other grant recipient (not including individual recipients of Federal student financial assistance), at the request of an institution of higher education or other recipient of a grant (not including individual recipients of Federal student financial assistance) as a result of a qualifying emergency, for the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency.
Matching requirement modifications— Notwithstanding any other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Secretary is authorized to modify any Federal share or other financial matching requirement for a grant awarded on a competitive basis, or a grant awarded under part A or B of title III or subpart 4 of part A of title VII of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.; 1060 et seq.; 1136a et seq.) at the request of an institution of higher education or other grant recipient as a result of a qualifying emergency, for the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency.
Reports— Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter for the duration of the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that identifies each institution of higher education or other grant recipient that received a modification under this section.
Sec. 100114 Service obligations for teachers
Teach grants— For the purposes of section 420N of the Higher Education Act of 1965 (20 U.S.C. 1070g–2), during a qualifying emergency, the Secretary—
may modify the categories of extenuating circumstances under which a recipient of a grant under subpart 9 of part A of title IV of such Act who is unable to fulfill all or part of the recipient’s service obligation may be excused from fulfilling that portion of the service obligation; and
shall consider teaching service that, as a result of a qualifying emergency, is part-time or temporarily interrupted to be full-time service and to fulfill the service obligations under section 420N.
Teacher loan forgiveness— Notwithstanding section 428J or 460 of the Higher Education Act of 1965 (20 U.S.C. 1078–10; 1087j), the Secretary shall waive the requirements under such sections that years of teaching service shall be consecutive if—
the teaching service of a borrower is temporarily interrupted due to a qualifying emergency; and
after the temporary interruption due to a qualifying emergency, the borrower resumes teaching service and completes a total of five years of qualifying teaching service under such sections, including qualifying teaching service performed before, during, and after such qualifying emergency.
Sec. 100115 Payments for student loan borrowers as a result of a national emergency
Payments for student loan borrowers during a national emergency—
In general— Part G of title IV of the Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by inserting after section 493D the following:
“493E. Payments for student loan borrowers during a national emergency
“(a) Definitions—In this section:
“(1) Coronavirus—The term coronavirus has the meaning given the term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123).
“(2) Income-driven repayment—The term income-driven repayment means—
“(A) income-based repayment authorized under section 493C for loans made, insured, or guaranteed under part B or part D; or
“(B) income contingent repayment authorized under section 455(e) for loans made under part D.
“(3) Involuntary collection—The term involuntary collection means—
“(A) a wage garnishment authorized under section 488A of this Act or section 3720D of title 31, United States Code;
“(B) a reduction of tax refund by amount of debt authorized under section 3720A of title 31, United States Code;
“(C) a reduction of any other Federal benefit payment by administrative offset authorized under section 3716 of title 31, United States Code (including a benefit payment due to an individual under the Social Security Act or any other provision described in subsection (c)(3)(A)(i) of such section); and
“(D) any other involuntary collection activity.
“(4) National emergency—The term national emergency means—
“(A) a public health emergency related to the coronavirus that is declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d); or
“(B) a national emergency related to the coronavirus declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.).
“(b) National emergency student loan repayment assistance
“(1) Authority—Beginning on the date of enactment of the Take Responsibility for Workers and Families Act, in the event of a national emergency, the Secretary shall, for each month during the national emergency period and for each borrower of a loan made, insured, or guaranteed under part B, D, or E, pay the total amount due for such month on the loan, based on the payment plan selected by the borrower or the borrower’s loan status.
“(2) No capitalization of interest—With respect to any loan in repayment during a national emergency period, interest due on loans made, insured, or guaranteed under part B, D, or E during such period shall not be capitalized at any time during the national emergency.
“(3) Applicability of payments—Any payment made by the Secretary under this section shall be considered by the Secretary, or by a lender with respect to a loan made, insured, or guaranteed under part B—
“(A) as a qualifying payment under the public service loan forgiveness program under section 455(m), if the borrower would otherwise qualify under such section;
“(B) in the case of a borrower enrolled in an income-driven repayment plan, as a qualifying payment for the purpose of calculating eligibility for loan forgiveness for the borrower in accordance with section 493C(b)(7) or section 455(d)(1)(D), as the case may be; and
“(C) in the case of a borrower in default, as an on-time monthly payment for purposes of loan rehabilitation pursuant to section 428F(a).
“(4) Reporting to consumer reporting agencies—During the period in which the Secretary is making payments on a loan under paragraph (1), the Secretary shall ensure that, for the purpose of reporting information about the loan to a consumer reporting agency, any payment made by the Secretary is treated as if it were a regularly scheduled payment made by a borrower.
“(5) Notice of payments and program—Not later than 15 days following the date of enactment of the COVID–19 Pandemic Education Relief Act of 2020, and monthly thereafter during the period of a national emergency, the Secretary shall provide a notice to all borrowers of loans made, insured, or guaranteed under part B, D, or E—
“(A) informing borrowers of the actions taken under this section;
“(B) providing borrowers with an easily accessible method to opt out of the benefits provided under this section; and
“(C) notifying the borrower that the program under this section is a temporary program and will end after the national emergency ends.
“(6) Suspension of involuntary collection—Beginning on the date of enactment of the Take Responsibility for Workers and Families Act, in the event of a national emergency, the Secretary, or other holder of a loan made, insured, or guaranteed under part B, D, or E, shall immediately take action to halt all involuntary collection related to the loan until the date on which the national emergency ends.
“(c) Waiver of interest during national emergency—Notwithstanding any other provision of law, the Secretary shall pay any interest that would otherwise be charged or accrue during a national emergency on any loan made, insured, or guaranteed under part B, D, or E.
“(d) Transition period—Upon the termination of a national emergency, the Secretary shall carry out a program to provide for a transition period of 90 days, beginning on the day after the last day of the national emergency, during which—
“(1) the Secretary shall provide not less than 3 notices to borrowers indicating when the borrower’s normal payment obligations will resume; and
“(2) any missed payments by a borrower under part B, D, or E shall not—
“(A) result in fees or penalties; or
“(B) be reported to any consumer reporting agency or otherwise impact the borrower’s credit history.
“(e) Implementation in FFEL entities—To facilitate implementation of this section—
“(1) lenders and guaranty agencies holding loans made, insured, or guaranteed under part B shall report, to the satisfaction of the Secretary, information to verify at the borrower level the amount of payments made under this section; and
“(2) the Secretary shall have the authority to establish a payment schedule for purposes of this section for loans made, insured, or guaranteed under part B and not held by the Secretary.
“(f) Waivers—In carrying out this section, the Secretary may waive the application of—
“(1) subchapter I of chapter 35 of title 44, United States Code;
“(2) the master calendar requirements under section 482;
“(3) negotiated rulemaking under section 492; and
“(4) the requirement to publish the notices related to the system of records of the agency before implementation required under paragraphs (4) and (11) of section 552a(e) of title 5, United States Code (commonly known as the “Privacy Act of 1974”), except that the notices shall be published not later than 180 days after the date of enactment of the Take Responsibility for Workers and Families Act.”
FFEL amendment— Section 428(c)(8) of the Higher Education Act of 1965 (20 U.S.C. 1078(c)(8)) is amended by striking “and for which” and all that follows through “this subsection”.
Applicability— The requirement of the Secretary to make payments under section 493E of the Higher Education Act of 1965, as added by paragraph 1, shall apply to payments due after the date of enactment of this Act.
Minimum relief for student loan borrowers as a result of a national emergency— Part G of title IV the Higher Education Act of 1965 (20 U.S.C. 1088 et seq.), as amended by subsection (a), is further amended by inserting after section 493E the following:
“493F. Minimum relief for student loan borrowers as a result of a national emergency
“(a) Minimum student loan relief as a result of a national emergency—Not later than 90 days after the conclusion of a national emergency (as defined in section 493E), the Secretary shall, for each borrower of a loan made under part B, D, or E, reduce the total outstanding balance due on all such loans of the borrower, by an amount equal to the lesser of—
“(1) the difference between $10,000 and the total amount of payments made by the Secretary under section 493E(b) on such loans of the borrower during the period of such national emergency; or
“(2) the total amount of outstanding principal and interest due on such loans of the borrower, as of the date of the calculation under this subsection.
“(b) Data to implement—Contractors of the Secretary and lenders and guaranty agencies holding loans made, insured, or guaranteed under part B shall report, to the satisfaction of the Secretary, the information necessary to calculate the amount to be applied under subsection (a).”
Sec. 100116 Rule of construction
Except as otherwise provided in this Act or the amendments made by this Act, nothing in this Act shall be construed to provide additional authority to the Secretary of Education to waive any provision of the following:
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
The Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
The Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
II Other programs
Sec. 100202 Provisions related to the corporation for national and community service
Accrual of service hours—
Accrual through other service hours—
In general— Notwithstanding any other provision of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.) or the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.), the Corporation for National and Community Service shall allow an individual described in subparagraph (B) to accrue other service hours that will count toward the number of hours needed for the individual’s education award.
Affected individuals— Subparagraph (A) shall apply to any individual serving in a position eligible for an educational award under subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.)—
who is performing limited service due to COVID–19; or
whose position has been suspended or placed on hold due to COVID–19.
Provisions in case of early exit— In any case where an individual serving in a position eligible for an educational award under subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.) was required to exit the position early at the direction of the Corporation for National and Community Service, the Chief Executive Officer of the Corporation for National and Community Service may—
deem such individual as having met the requirements of the position; and
award the individual the full value of the educational award under such subtitle for which the individual would otherwise have been eligible.
No Required Return of Grant Funds— Notwithstanding section 129(l)(3)(A)(i) of the National and Community Service Act of 1990 (42 U.S.C. 12581(l)(3)(A)(i)), the Chief Executive Officer of the Corporation for National and Community Service may permit fixed-amount grant recipients under such section 129(l) to maintain a pro rata amount of grant funds, at the discretion of the Corporation for National and Community Service, for participants who exited, were suspended, or are serving in a limited capacity due to COVID–19, to enable the grant recipients to maintain operations and to accept participants.
Extension of Terms and Age Limits— Notwithstanding any other provision of law, the Corporation for National and Community Service may extend the term of service (for a period not to exceed the 1-year period immediately following the end of the national emergency) or waive any upper age limit (except in no case shall the maximum age exceed 26 years of age) for national service programs carried out by the National Civilian Community Corps under subtitle E of title I of the National and Community Service Act of 1990 (42 U.S.C. 12611 et seq.), and the participants in such programs, for the purposes of—
addressing disruptions due to COVID–19; and
minimizing the difficulty in returning to full operation due to COVID–19 on such programs and participants.