; or (2) propose or issue any rule or guidance that is in substantially the same form or substantially the same as any of such proposed amendments. (b) Nothing in this section shall prevent the Secretary of Education or the Office for Civil Rights of the Department of Education from enforcing the protection provided by title IX of the Education Amendments of 1972 against sexual harassment in accordance with the standards set out in the guidance, entitled “Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties” as published in the Federal Register on January 19, 2001 (66 Fed. Reg. 5,512). 315. (a) Notwithstanding section 401(b)(6) of the HEA, a Federal Pell Grant under section 401 of the HEA may be awarded to an incarcerated individual (or on behalf of such individual) for each academic year during which that individual is enrolled at an eligible institution that meets the criteria described in subsection (b). (b) The criteria described in this subsection are as follows: (1) The eligible institution— (A) is an institution of higher education (as defined in section 101 of the HEA) or a postsecondary vocational institution (as defined in section 102(c) of the HEA)