; 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 ). 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 regulations 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 Higher 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 institution’s accrediting agency or association, a description of how the institution plans to meet the requirements 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 education (1) In general (A) In general Notwithstanding section 481(b)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1088(b)(3) ), an institution of higher education