Sec. 141. Notifications and reporting relating to higher education

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Not later than two days before the date on which the Secretary grants a flexibility described in paragraph (4), the Secretary shall— submit to the authorizing committees a written notification of the Secretary’s intent to grant such flexibility; and publish the notification on a publicly accessible website of the Department of Education. Each notification under subparagraph

(A)shall— identify the provision of law, regulation, or subregulatory guidance to which the flexibility will apply; identify any limitations on the flexibility, including any time limits; identify the statutory authority under which the flexibility is provided; identify the class of covered entities to which the flexibility will apply; identify whether a covered entity will need to request the flexibility or whether the flexibility will be applied without request; in the case of a flexibility that requires a covered entity to request the flexibility, identify the factors the Secretary will consider in approving or denying the flexibility; explain how the flexibility is expected to benefit the covered entity or class of covered entities to which it applies; and explain the reasons the flexibility is necessary and appropriate due to COVID–19. Not later than 10 days after the end of each fiscal quarter for the duration of the qualifying emergency through the end of the first fiscal year beginning after the conclusion of such qualifying emergency, the Secretary shall submit to the authorizing committees a report that includes, with respect to flexibilities described in paragraph

(4)that have been issued by the Secretary in the most recently ended fiscal quarter, the following: In the case of a flexibility that was issued by the Secretary without request from a covered entity, an explanation of all requirements, including reporting requirements, that the Secretary imposed on the covered entity as a condition of the flexibility. In the case of a flexibility for which a covered entity requested and received specific approval from the Secretary— identification of the covered entity that received the flexibility; an explanation of the specific reasons for approval of the request; a detailed description of the terms of the flexibility, including— a description of any limitations on the flexibility; and identification of each provision of law (including regulation and subregulatory guidance) that is waived or modified and, for each such provision, the statutory authority under which the flexibility was provided; and a copy of the final document granting the flexibility. In the case of any request for a flexibility that was denied by the Secretary— identification of the covered entity or entities that were denied a flexibility; a detailed description of the terms of the request for the flexibility; and an explanation of the specific reasons for denial of the request. Not later than 30 days after the date of enactment of this Act, the Secretary shall submit to the authorizing committees a report that— identifies each flexibility described in paragraph

(4)that was granted by the Secretary between March 13, 2020, and the date of enactment of this Act; and with respect to each such flexibility, provides the information specified in paragraph (1)(B). A flexibility described in this paragraph is modification or waiver of any provision of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.) (including any regulation or subregulatory guidance issued under such a provision) that the Secretary determines to be necessary and appropriate to modify or waive due to COVID–19, other than a provision of the Higher Education Act of 1965 that the Secretary is specifically authorized to modify or waive pursuant to the CARES Act ( Public Law 116–136 ). The Secretary shall ensure that any report or notification submitted under this subsection does not reveal personally identifiable information about an individual student. Nothing in this subsection shall be construed to authorize the Secretary to waive or modify any provision of law. Not later than 30 days after the date of enactment of this Act, each institution of higher education that exercises an authority provided under section 3503(b), section 3504, section 3505, section 3508(d), section 3509, or section 3517(b) of the CARES Act ( Public Law 116–136 ) shall submit to the Secretary a report that describes the nature and extent of the institution’s exercise of such authorities, including the number of students and amounts of aid provided under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.) affected by the exercise of such authorities, as applicable. Not later than 10 days after the end of each fiscal quarter for the duration of the qualifying emergency through the end of the first fiscal year beginning after the conclusion of such qualifying emergency, the Secretary shall submit to the authorizing committees a report that includes, for the most recently ended fiscal quarter— a summary of all modifications to any contracts with Department of Education contractors relating to Federal student loans, including— the contractual provisions that were modified; the names of all contractors affected by the modifications; and estimates of any costs or savings resulting from the modifications; a summary of all amendments, addendums, or other modifications to program participation agreements with institutions of higher education under section 487 of the Higher Education Act of 1965 ( 20 U.S.C. 1094 ), any provisional program participation agreements entered into under such section, including— any provisions of such agreements that were modified by the Department of Education; and the number of institutions of higher education that received such modifications or entered into such provisional agreements, disaggregated by— status as a four-year, two-year, or less-than-two-year public institution, private nonprofit institution, or proprietary institution; and each category of minority-serving institution described in section 371(a) of the Higher Education Act ( 20 U.S.C. 1067q ); and sample copies of program participation agreements (including provisional agreements), selected at random from among the agreements described in paragraph (2), including at least one agreement from each type of institution (whether a public institution, private nonprofit institution, or proprietary institution) that received a modified or provisional agreement. Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the authorizing committees a report that includes the following: A summary of the reports received by the Secretary under subsection (b). A description of— the Secretary’s use of the authority under section 3506 of the CARES Act ( Public Law 116–136 ) to adjust subsidized loan usage limits, including the total number of students and the total amount of subsidized loans under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.) affected by the Secretary’s use of such authority; the Secretary’s use of the authority under section 3507 of the CARES Act ( Public Law 116–136 ) to exclude certain periods from the Federal Pell Grant duration limit, including the total number of students and the total amount of Federal Pell Grants under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) affected by the Secretary’s use of such authority; and the Secretary’s use of the authority under section 3508 of the CARES Act ( Public Law 116–136 ) to waive certain requirements for the return of Federal funds, including— in the case of waivers issued to students under such section, the total number of students and the total amount of aid under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.) affected by the Secretary’s use of such authority; and in the case of waivers issued to institutions of higher education under such section, the total number of students and the total amount of aid under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.) affected by the Secretary’s use of such authority. A summary of the information required to be reported to the authorizing committees under sections 3510 and 3512 of the CARES Act ( Public Law 116–136 ), as amended by this Act, regardless of whether such information has previously been reported to such committees as of the date of the report under this subsection. Information relating to the temporary relief for Federal student loan borrowers provided under section 3513 of the CARES Act ( Public Law 116–136 ), including— with respect to the notifications required under subsection (g)(1) of such section— the total number of individual notifications sent to borrowers in accordance with such subsection, disaggregated by electronic, postal, and telephonic notifications; the total number of notifications described in clause

(i)that were sent within the 15-day period specified in such subsection; and the actual costs to the Department of Education of making the notifications under such subsection; the projected costs to the Department of Education of making the notifications required under subsection (g)(2) of such section; the number of Federal student loan borrowers who have affirmatively opted-out of payment suspension under subsection

(a)of such section; the number of individual notifications sent to employers directing the employers to halt wage garnishment pursuant to subsection

(e)of such section, disaggregated by electronic, postal, and telephonic notifications; the number of Federal student loan borrowers who have had their wages garnished pursuant to section 488A of the Higher Education Act of 1965 ( 20 U.S.C. 1095a ) or section 3720D of title 31, United States Code, between March 13, 2020, and the date of the date of enactment of this Act; the number of Federal student loan borrowers subject to interest capitalization as a result of consolidating Federal student loans since March 13, 2020, and the total amount of such interest capitalization; the average daily call wait times and call drop rates, disaggregated by student loan servicer, for the period between March 13, 2020, and the date of enactment of this Act; and the estimated or projected savings to the Department of Education for student loan servicing activities for the period beginning on March 13, 2020, and ending on September 30, 2020, due to lower reimbursement or contract costs per account for student loan servicers and private collection agencies resulting from the suspension of Federal student loan payments and halt to collection activities under the CARES Act ( Public Law 116–136 ). Information relating to the special rules relating to Federal Direct Consolidation Loans under section 137 of this Act, including— the number of borrowers who submitted an application for a Federal Direct Consolidation Loan; the number of borrowers who received a Federal Direct Consolidation Loan; and the wait time between submitting an application and receiving a Federal Direct Consolidation Loan. A summary of the information required to be reported to the authorizing committees under section 3517(c) and section 3518(c) of the CARES Act ( Public Law 116–136 ), as amended by this Act, regardless of whether such information has previously been reported to such committees as of the date of the report under this subsection. A copy of any communication from the Department of Education to grantees and Federal student loan borrowers eligible for rights and benefits under section 3519 of the CARES Act ( Public Law 116–136 ) to inform such grantees and borrowers of their eligibility for such rights and benefits. The Secretary of Health and Human Services shall provide to the Secretary of Education the information necessary for the Secretary of Education to comply with paragraph (1)(D). Section 3512(c) of the CARES Act ( Public Law 116–136 ) is amended by striking the period at the end and inserting , the terms of the loans deferred, and the schedule for repayment of the deferred loan amount. . Section 3517(c) of the CARES Act ( Public Law 116–136 ) is amended by striking the period at the end and inserting , identifies the statutory provision waived or modified, and describes the terms of the waiver or modification received by the institution. . Section 3518(c) of the CARES Act ( Public Law 116–136 ) is amended by striking the period at the end and inserting and describes the terms of the modification received by the institution or other grant recipient. . In this section: The term covered entity means an institution of higher education, a Federal contractor, a student, or any other entity that is subject to the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.). The term Federal student loan means a loan described in section 3502(a)(2) of the CARES Act ( Public Law 116–136 ), as amended by this Act.

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