; 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 effect as if included in the enactment of the CARES Act ( Public Law 116–136 ), and an institution of higher education that provided funds to a student before the date of enactment of this Act shall not be penalized if such provision is consistent with such subsection and section 18004 of the CARES Act ( Public Law 116–136 ). 150111. Definition of distance education (a) In general Except as otherwise provided in title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.), for purposes of such title, the term distance education means education that uses technology— (1) to deliver instruction to students enrolled at an institution of higher education who are separated from the instructor or instructors; and (2) to support regular and substantive interaction between the students and the instructor or instructors, either synchronously or asynchronously. (b) Technology For purposes of subsection (a), the technologies that may be used to offer distance education include— (1) the internet; (2) one-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices; (3) audio conferencing