,,ii #aacth ,,congress #b;d ,session ,s4 #bied ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #bj1 #bjad ,mr4 ,harkin introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to improve the ,higher ,education ,act of #aife1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,higher ,education ,affordability ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,references4,sec4 #d4 ,general effective date4,,title ,i--,general provisions,sec4 #aja4 ,graduate medical schools2 postsecondary career and technical education institutions4,sec4 #ajb4 #he-ae revenue source requirement for proprietary institutions4,sec4 #ajc4 ,definitions4,sec4 #ajd4 ,authorization of appropriations for drug and alcohol abuse prevention4,sec4 #aje4 ,mandatory financial aid award letter4,sec4 #ajf4 ,code of conduct in affiliated consumer financial products or services4,sec4 #ajg4 ,restriction on marketing with ,federal educational assistance funds4,sec4 #ajh4 ,minimum standards for net price calculators4,sec4 #aji4 ,benefits for borrowers who are members of the ,armed ,forces4,sec4 #aaj4 ,data improvements for college navigator4,sec4 #aaa4 ,college scorecard4,sec4 #aab4 ,reporting requirements4,sec4 #aac4 ,in-,state tuition rates for certain individuals4,sec4 #aad4 ,state higher education information system pilot program4,sec4 #aae4 ,responsibilities of ,,fsa ,ombudsman2 addition of point of contact for military families and homeless children4,sec4 #aaf4 ,responsibilities of covered institutions1 institution-affiliated organizations1 and lenders4,sec4 #aag4 ,establishment of complaint resolution and tracking system4,sec4 #aah4 ,proprietary education oversight coordination committee4,,title ,,ii--,improving educator preparation,sec4 #bja4 ,improving educator preparation4,,title ,,iii--,institutional aid,sec4 #cja4 ,rule of construction4,sec4 #cjb4 ,program purpose4,sec4 #cjc4 ,duration of grant4,sec4 #cjd4 ,american ,indian tribally controlled colleges and universities4,sec4 #cje4 ,alaska ,native and ,native ,hawaiian-serving institutions4,sec4 #cjf4 ,predominantly ,black ,institutions4,sec4 #cjg4 ,native ,american-serving nontribal institutions4,sec4 #cjh4 ,asian ,american and ,native ,american ,pacific ,islander-serving institutions4,sec4 #cji4 ,native ,american education tuition cost share4,sec4 #caj4 ,grants to institutions4,sec4 #caa4 ,allotments to institutions4,sec4 #cab4 ,professional or graduate institutions4,sec4 #cac4 ,applications for assistance4,sec4 #cad4 ,limitations on ,federal insurance for bonds issued by the designated bonding authority4,sec4 #cae4 ,authorization of appropriations4 ,,title ,,iv--,student assistance,part ,a--,grants to students,s,u,b,p,a,r,t #a--;,federal ,pell ,grants,sec4 #dja4 ,year-round ,federal ,pell ,grants2 extension of ,federal ,pell ,grant inflation adjustments4,sec4 #dja;,a4 ,college opportunity and graduation bonus demonstration program4,,subpart #b--;,early awareness of college financing options,sec4 #djc4 ,federal ,,trio programs authorization4,sec4 #djd4 ,postbaccalaureate achievement program authorization4,sec4 #dje4 ,gaining early awareness and readiness for undergraduate programs authorization4,sec4 #dje;,a4 ,early awareness of college financing options4,sec4 #dje;,b4 ,awareness of postsecondary education financing options for adult learners4,,subpart #c--;,federal supplemental education opportunity grants,sec4 #djg4 ,authorization of appropriations4,sec4 #djh4 ,institutional share of ,federal supplemental educational opportunity grants4,sec4 #dji4 ,federal supplemental educational opportunity grants allocation of funds4,,subpart #d--;,american ,dream ,grants and ,,leap program,sec4 #dae4 ,purpose2 appropriations authorized4,sec4 #daf4 ,american ,dream grants4,,subpart #e--,reauthorization of appropriations for other part ,a programs4,sec4 #dag4 ,reauthorization of appropriations for other part ,a programs4,part ,b--,federal ,family ,education ,loan program,sec4 #dba4 ,simplification of income-based repayment options for federally insured student loans4,sec4 #dbb4 ,improvements to military loan deferment2 clarification of ,,scra protections2 simplification of income-based repayment options4,sec4 #dbc4 ,simplification of income-based repayment options for ,federal ,consolidation ,loans4,sec4 #dbd4 ,reasonable collection costs and rehabilitation payments4,sec4 #dbe4 ,,ffel loan forgiveness for certain ,american ,indian educators4,sec4 #dbf4 ,reauthorization of appropriations for certain loan forgiveness programs4,sec4 #dbg4 ,improvements to credit reporting for ,federal student loans4,sec4 #dbh4 ,reduced duplication in student loan servicing4,sec4 #dbi4 ,improved determination of cohort default rates2 publication of default prevention plan4,sec4 #dcj4 ,improved disability determinations4,sec4 #dca4 ,treatment of borrowers falsely certified as eligible to borrow due to identity theft4,part ,c--,federal work-,study programs,sec4 #dda4 ,authorization of appropriations4,sec4 #ddb4 ,federal work study allocation of funds4,sec4 #ddc4 ,institutional share of ,federal work study funds4,sec4 #ddd4 ,additional funds to conduct community service work-study programs4,sec4 #dde4 ,work colleges4,part ,d--,federal ,direct ,loan program,sec4 #dea4 ,elimination of origination fees and other amendments to terms and conditions of loans4,sec4 #deb4 ,improved student loan servicing and debt collection practices4,sec4 #dec4 ,funds for administrative expenses4,sec4 #ded4 ,federal ,direct ,loan forgiveness for certain ,american ,indian educators4,part ,e--,federal ,perkins ,loans,sec4 #dfa4 ,appropriations authorized4,sec4 #dfb4 ,perkins allocation of funds4,sec4 #dfc4 ,institutional contributions for ,perkins4,sec4 #dfd4 ,simplification of military deferment eligibility4,sec4 #dfe4 ,forgiveness of loans for eligible military service4,sec4 #dff4 ,distribution of assets from student loan funds4,part ,f--,need analysis,sec4 #dga4 ,increased income protection allowance for dependent students4,sec4 #dgb4 ,increased income protection allowance for independent students without dependents other than a spouse4,sec4 #dgc4 ,increased income protection allowance for independent students with dependents other than a spouse4,sec4 #dgd4 ,updated tables and amounts for income protection allowance4,sec4 #dge4 ,prior prior year2 definition of independent student4,part ,g--,general provisions,sec4 #dha4 ,definitions4,sec4 #dhb4 ,standard notification format for delinquent borrowers2 explanation of benefits of ,federal loans4,sec4 #dhc4 ,institutional financial aid award letter4,sec4 #dhc;,a4 ,consumer testing4,sec4 #dhc;,b4 ,loan repayment rate and speed-based repayment rate4,sec4 #dhc;,c4 ,one-time ,,fafsa pilot program4,sec4 #dhd4 ,ability to benefit4,sec4 #dhe4 ,reasonable collection costs in ,state court judgments4,sec4 #dhf4 ,improved disclosures1 counseling1 and financial assistance information for students4,sec4 #dhg4 ,improvements to ,national ,student ,loan ,data ,system4,sec4 #dhh4 ,competency-based education demonstration program4,sec4 #dhi4 ,program participation agreements4,sec4 #dij4 ,civil penalties4,sec4 #dia4 ,advisory ,committee on ,student ,financial ,assistance4,sec4 #dib4 ,income-based repayment4,sec4 #dic4 ,extending the protections for student loans for active duty borrowers4,sec4 #dic;,a4 ,disbursement of credit balance4,sec4 #dic;,b4 ,disclosure of cohort rates based on repayment plan and deferment status4,sec4 #dic;,c4 ,institutional reporting requirements4,part ,h--,program integrity ,sec4 #dif4 ,public disclosure of finalized accreditation documents2 prohibition on pre-dispute arbitration mandates4,sec4 #dig4 ,improved targeting of program reviews4,sec4 #dih4 ,program review and data4,part ,i--,state-,federal college affordability partnership,sec4 #dii4 ,state-,federal college affordability partnership4,,title ,v--,developing ,institutions,sec4 #eja4 ,rule of construction4,sec4 #ejb4 ,authorized activities under part ,a of title ,v4,sec4 #ejc4 ,duration of grants under title ,v4,sec4 #ejd4 ,authorized activities under part ,b of title ,v4,sec4 #eje4 ,duration of grants under part ,b of title ,v4,sec4 #ejf4 ,waiver authority2 reporting requirement2 technical assistance4,sec4 #ejg4 ,authorizations of appropriations for developing institutions4,,title ,,vi--,international education programs,sec4 #fja4 ,technical and conforming amendment4,sec4 #fjb4 ,authorization of appropriations for international and foreign language studies4,sec4 #fjc4 ,authorization of appropriations for business and international education programs4,sec4 #fjd4 ,authorization of appropriations for the ,institute for ,international ,public ,policy4,sec4 #fje4 ,authorization of appropriations for the science and technology advanced foreign language education grant program4,,title ,,vii--,graduate and postsecondary improvement programs,sec4 #gja4 ,authorization of appropriations for the ,jacob ,k4 ,javits ,fellowship ,program4,sec4 #gjb4 ,authorization of appropriations for graduate assistance in areas of national need4,sec4 #gjc4 ,authorization of appropriations for the ,thurgood ,marshall ,legal ,educational ,opportunity ,program4,sec4 #gjd4 ,authorization of appropriations for masters degree programs at historically ,black colleges and universities and ,predominantly ,black ,institutions4,sec4 #gje4 ,authorization of appropriations for the fund for improvement of postsecondary education4,sec4 #gjf4 ,correctly recognizing educational achievements to empower graduates4,sec4 #gjg4 ,authorization of appropriations for demonstration projects to support postsecondary faculty1 staff1 and administrators in educating students with disabilities4,sec4 #gjh4 ,authorization of appropriations for transition programs for students with intellectual disabilities4,sec4 #gji4 ,authorization of appropriations for the ,commission on ,accessible ,materials and programs to support improved access to materials4,sec4 #gaj4 ,authorization of appropriations for the ,national ,technical ,assistance ,center2 ,coordinating ,center4,sec4 #gaa4 ,first in the world competitive grant program4,sec4 #gab4 ,dual enrollment and early college high school programs4,sec4 #gac4 ,minority-serving institutions innovation fund4,sec4 #gad4 ,state competitive grant program for reforms to improve higher education persistence and completion4,,title ,,viii--,additional programs,sec4 #hja4 ,reorganization4,sec4 #hjb4 ,authorization of appropriations for ,project ,grad4,sec4 #hjc4 ,authorization of appropriations for the mathematics and science scholars program4,sec4 #hjd4 ,community college and industry partnerships program4,sec4 #hje4 ,authorization of appropriations for capacity for nursing students and faculty4,sec4 #hjf4 ,authorization of appropriations for ,teach for ,america4,sec4 #hjg4 ,authorization of appropriations for the ,patsy ,t4 ,mink ,fellowship ,program4,sec4 #hjh4 ,authorization of appropriations for improving science1 technology1 engineering1 and mathematics education with a focus on ,alaska ,native and ,native ,hawaiian ,students4,sec4 #hji4 ,authorization of appropriations for student safety and campus emergency management4,sec4 #haj4 ,authorization of appropriations for the education disaster and emergency relief program4,sec4 #haa4 ,authorization of appropriations for the jobs to careers program4,sec4 #hab4 ,authorization of appropriations for rural development grants for rural-serving colleges and universities4,sec4 #hac4 ,authorization of appropriations for training for realtime writers4,sec4 #had4 ,authorization of appropriations for centers of excellence for veteran student success4,sec4 #hae4 ,authorization of appropriations for path to success4,sec4 #haf4 ,authorization of appropriations for the ,henry ,kuualoha ,giugni ,kupuna ,memorial ,archives4,sec4 #hag4 ,appropriations for masters degree programs4,sec4 #hah4 ,appropriations for postbaccalaureate programs4,sec4 #hai4 ,tyler ,clementi ,program4,,title ,,ix--,higher education opportunities and supports for students with disabilities,sec4 #ija4 ,higher education opportunities and supports for students with disabilities4,,title ,x--,amendments to other laws,part ,a--,truth in ,lending ,act,s,u,b,p,a,r,t #a--;,definitions,sec4 #ajaj4 ,definitions4,,subpart #b--;,amendments to ,truth in ,lending ,act,sec4 #ajaa4 ,exempted transactions4,sec4 #ajab4 ,mandatory certification4,sec4 #ajac4 ,civil liability4,sec4 #ajad4 ,definition of private education loan4,sec4 #ajae4 ,revenue sharing and disclosure of affiliation4,sec4 #ajaf4 ,improved consumer protections for student loan servicing4,,subpart #c--,regulations and reports,sec4 #ajag4 ,implementation of regulations4,sec4 #ajah4 ,report on credit reporting and student lending4,sec4 #ajai4 ,ombudsman report on private education loan market4,part ,b--,internal ,revenue ,code of #aihf,sec4 #ajbb4 ,information sharing authority relating to income-based repayment4,part ,c--,title #aa of the ,united ,states ,code,sec4 #ajca4 ,private loan discharge in bankruptcy4,part ,d--,servicemembers ,civil ,relief ,act,sec4 #ajda4 ,modification of limitation on rate of interest on student loans during and immediately after period of military service4,part ,e--,united ,states ,institute of ,peace ,act,sec4 #ajea4 ,united ,states ,institute of ,peace ,act4,,title ,,xi--,reports1 ,studies1 and ,miscellaneous provisions,sec4 #aaja4 ,consumer protections for students4,sec4 #aajb4 ,longitudinal study of the effectiveness of student loan counseling4,sec4 #aajc4 ,recommendations for student loan counseling4,sec4 #aajd4 ,working group on improvement of resources available to members of the ,armed ,forces and their spouses in using tuition assistance programs of the ,department of ,defense4,sec4 #aaje4 ,study on public service loan forgiveness4,sec4 #aajf4 ,longitudinal study of the causes of student loan default4,sec4 #aajg4 ,institutional ,risk-,sharing ,commission4,sec4 #aajh4 ,,gao report on educational attainment of homeless children and youth and foster care children and youth4,sec4 #aaji4 ,american ,dream ,accounts4,sec4 #aaaj4 ,study on the impact of ,federal financial aid changes on graduate students4 #c4 ,references ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq474 #d4 ,general effective date ,except as otherwise provided in this ,act or the amendments made by this ,act1 this ,act and the amendments made by this ,act shall take effect on the date of enactment of this ,act4 ,i ,general provisions #aja4 ,graduate medical schools2 postsecondary career and technical education institutions 7a7 ,in general ,section #ajb 7#bj ,u4,s4,c4 #ajjb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,b71 by striking vocational and inserting career and technical education2 and 7,b7 in paragraph 7#b77;,a7-- 7i7 in the matter preceding clause 7i71 by striking part ,d of title ,,iv unless-- and inserting part ,d of title ,,iv unless the school meets #a of the following requirements32 7ii7 by striking clause 7i7 and inserting the following3 7i7 ,graduate medical school 7,i7 ,in general ,in the case of a graduate medical school located outside the ,united ,states-- 7aa7 7,,aa7 not less than #fj percent of those enrolled in1 and not less than #fj percent of the graduates of1 such graduate medical school located outside the ,united ,states were not persons described in section #dhd7;a77#e7 in the year preceding the year for which a student is seeking a loan under part ,d of title ,,iv2 and 7,,bb7 not less than #ge percent of the individuals who were nationals of the ,united ,states who were students or graduates of the graduate medical school located outside the ,united ,states or ,canada taking the examinations administered by the ,educational ,commission for ,foreign ,medical ,graduates received a passing score in the year preceding the year for which a student is seeking a loan under part ,d of title ,,iv2 or 7bb7 the institution-- 7,,aa7 has or had a clinical training program that was approved by a ,state as of ,january #a1 #aiib2 and 7,,bb7 continues to operate a clinical training program in at least #a ,state that is approved by that ,state4 7,,ii7 ,expiration of alternative qualification ,the authority of a graduate medical school described in subclause 7,i77bb7 to qualify for participation in the loan programs under part ,d of title ,,iv pursuant to this clause shall expire beginning on the first ,july #a following the date of enactment of the ,higher ,education ,affordability ,act4 2 7iii7 in clause 7ii7-- 7,i7 by striking in the case of a veterinary school and inserting ,veterinary school4--,in the case of a veterinary school2 and 7,,ii7 by striking 2 or and inserting a period2 and 7iv7 in clause 7iii71 by striking in the case of a nursing school and inserting ,nursing school4--,in the case of a nursing school2 and 7#b7 in subsection 7c7-- 7,a7 in the subsection heading1 by striking vocational and inserting career and technical education2 7,b7 in paragraph 7#a71 by striking vocational and inserting career and technical education2 and 7,c7 in paragraph 7#b71 by striking vocational and inserting career and technical education4 7b7 ,loss of eligibility ,if a graduate medical school loses eligibility to participate in the loan programs under part ,d of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;a et seq47 due to the enactment of the amendments made by subsection 7a71 then a student enrolled at such graduate medical school on or before the date of enactment of this ,act may1 notwithstanding such loss of eligibility1 continue to be eligible to receive a loan under such part ,d while attending such graduate medical school in which the student was enrolled upon the date of enactment of this ,act1 subject to the student continuing to meet all applicable requirements for satisfactory academic progress1 until the earliest of-- 7#a7 withdrawal by the student from the graduate medical school2 7#b7 completion of the program of study by the student at the graduate medical school2 or 7#c7 the fourth ,june #cj after such loss of eligibility4 #ajb4 #he-ae revenue source requirement for proprietary institutions ,section #ajb7;b7 7#bj ,u4,s4,c4 #ajjb7;b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,d71 by striking and after the semicolon2 7,b7 in subparagraph 7,e71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7,f7 meets the requirements of paragraph 7#b74 2 7#b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,revenue sources 7,a7 ,in general ,in order to qualify as a proprietary institution of higher education under this subsection1 an institution shall derive not less than #ae percent of the institution's revenues from sources other than ,federal funds1 as calculated in accordance with subparagraphs 7,b7 and 7,c74 7,b7 ,federal funds ,in this paragraph1 the term ,federal funds means any ,federal financial assistance provided1 under this ,act or any other ,federal law1 through a grant1 contract1 subsidy1 loan1 guarantee1 insurance1 or other means to a proprietary institution1 including ,federal financial assistance that is disbursed or delivered to an institution or on behalf of a student or to a student to be used to attend the institution1 except that such term shall not include any monthly housing stipend provided under chapter #cc of title #ch1 ,united ,states ,code4 7,c7 ,calculation of revenue ,in making calculations under subparagraph 7,a71 an institution of higher education shall-- 7i7 use the cash basis of accounting2 7ii7 consider as revenue only those funds generated by the institution from-- 7,i7 tuition1 fees1 and other institutional charges for students enrolled in programs eligible for assistance under title ,,iv2 7,,ii7 activities conducted by the institution that are necessary for the education and training of the institution's students1 if such activities are-- 7aa7 conducted on campus or at a facility under the control of the institution2 7bb7 performed under the supervision of a member of the institution's faculty2 and 7cc7 required to be performed by all students in a specific educational program at the institution2 and 7,,iii7 a contractual arrangement with a ,federal agency for the purpose of providing job training to low-income individuals who are in need of such training2 7iii7 presume that any ,federal funds that are disbursed or delivered to an institution on behalf of a student or directly to a student will be used to pay the student's tuition1 fees1 or other institutional charges1 regardless of whether the institution credits such funds to the student's account or pays such funds directly to the student1 except to the extent that the student's tuition1 fees1 or other institutional charges are satisfied by-- 7,i7 grant funds provided by an outside source that-- 7aa7 has no affiliation with the institution2 and 7bb7 shares no employees with the institution2 and 7,,ii7 institutional scholarships described in clause 7v72 7iv7 include no loans made by an institution of higher education as revenue to the school1 except for payments made by students on such loans2 7v7 include a scholarship provided by the institution-- 7,i7 only if the scholarship is in the form of monetary aid based upon the academic achievements or financial need of students1 disbursed to qualified student recipients during each fiscal year from an established restricted account2 and 7,,ii7 only to the extent that funds in that account represent designated funds1 or income earned on such funds1 from an outside source that-- 7aa7 has no affiliation with the institution2 and 7bb7 shares no employees with the institution2 and 7vi7 exclude from revenues-- 7,i7 the amount of funds the institution received under part ,c of title ,,iv1 unless the institution used those funds to pay a student's institutional charges2 7,,ii7 the amount of funds the institution received under subpart #d of part ,a of title ,,iv2 7,,iii7 the amount of funds provided by the institution as matching funds for any ,federal program2 7,,iv7 the amount of ,federal funds provided to the institution to pay institutional charges for a student that were refunded or returned2 and 7,v7 the amount charged for books1 supplies1 and equipment1 unless the institution includes that amount as tuition1 fees1 or other institutional charges4 7,d7 ,report to congress ,not later than ,july #a1 #bjae1 and by ,july #a of each succeeding year1 the ,secretary shall submit to the authorizing committees a report that contains1 for each proprietary institution of higher education that receives assistance under title ,,iv and as provided in the audited financial statements submitted to the ,secretary by each institution pursuant to the requirements of section #dhg7;c7-- 7i7 the amount and percentage of such institution's revenues received from ,federal funds2 and 7ii7 the amount and percentage of such institution's revenues received from other sources4 4 #ajc4 ,definitions ,section #ajc 7#bj ,u4,s4,c4 #ajjc7 is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#i71 7#aj7 through 7#ad71 and 7#ae7 through 7#bd71 as paragraphs 7#e7 through 7#aj71 7#ac7 through 7#ag71 and 7#bj7 through 7#bh71 respectively2 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,default manipulation ,the term default manipulation means engaging in a device or practice1 such as branching1 consolidation of campuses1 consolidation or manipulation of the identification codes used by the ,office of ,postsecondary ,education to designate campuses and institutions1 change of ownership or control1 serial forbearance1 or any similar device or practice 7as determined by the ,secretary7 when1 but for the device or practice1 one or more campuses of an institution of higher education would be at risk of cohort default rate sanctions under section #dce or student default risk sanctions under section #dhi;,a4 2 7#c7 by inserting after paragraph 7#aj71 as redesignated by paragraph 7#a71 the following3 7#aa7 ,federal educational assistance funds ,the term ,federal educational assistance funds means funds provided directly to an institution or to a student attending such institution under any of the following provisions of law3 7,a7 ,title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq474 7,b7 ,chapter #cj1 #ca1 #cb1 #cc1 #cd1 or #ce of title #ch1 ,united ,states ,code4 7,c7 ,chapter #aja1 #aje1 #ajf;,a1 #afjf1 #afjg1 or #afjh of title #aj1 ,united ,states ,code4 7,d7 ,section #aghd;a1 #bjje1 or #bjjg of title #aj1 ,united ,states ,code4 7,e7 ,title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 or title ,i of the ,workforce ,innovation and ,opportunity ,act 7,public ,law #aac-abh74 7,f7 ,the ,adult ,education and ,family ,literacy ,act 7#bj ,u4,s4,c4 #ibja et seq474 7#ab7 ,foster care children and youth ,the term foster care children and youth-- 7,a7 means children and youth whose care and placement is the responsibility of the ,state or ,tribal agency that administers a ,state plan under part ,b or ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq4 and #fgj et seq471 without regard to whether foster care maintenance payments are made under section #dgb of such ,act 7#db ,u4,s4,c4 #fgb7 on behalf of the child or youth2 and 7,b7 includes individuals whose care and placement was the responsibility of the ,state or ,tribal agency that administers a ,state plan under part ,b or ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq4 and #fgj et seq47 when they were age #ac or older but are no longer under the care and responsibility of the ,state or tribal agency4 2 7#d7 by inserting after paragraph 7#ag71 as redesignated by paragraph 7#a71 the following3 7#ah7 ,recruiting and marketing activity 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term recruiting and marketing activity means an activity that consists of the following3 7i7 ,any advertising or promotion activity1 including a paid announcement in newspapers1 magazines1 radio1 television1 billboards1 electronic media1 naming rights1 or any other public medium of communication1 including paying for a display or promotion at a job fair1 military installation1 or postsecondary education recruiting event4 7ii7 ,any effort to identify and attract prospective students1 directly or through a contractor or other third party1 which shall include any contact concerning a prospective student's potential enrollment or application for grant1 loan1 or work assistance under title ,,iv or participation in preadmission or advising activities1 including-- 7,i7 paying employees responsible for overseeing enrollment and for contacting potential students in person1 by phone1 by email1 by internet communications1 or by other means1 regarding enrollment2 7,,ii7 compensating a person to provide to an institution of higher education contact information regarding prospective students1 including information obtained through websites established for such purpose2 and 7,,iii7 providing funds to a third party to create or maintain a website for the purpose of obtaining contact information regarding prospective students4 7iii7 ,any other activity as the ,secretary may determine1 including paying for promotion or sponsorship of education or military-related associations4 7,b7 ,exception ,an activity that is required as a condition of receipt of funds by an institution under title ,,iv1 or under another applicable ,federal law1 shall not be considered to be a recruiting and marketing activity under subparagraph 7,a74 7#ai7 ,private education loan ,the term private education loan has the meaning given the term in section #adj7;a7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afej7;a774 2 and 7#e7 in paragraph 7#bh71 as redesignated by paragraph 7#a7-- 7,a7 in the matter before subparagraph 7,a71 by striking scientifically valid and inserting research-based2 and 7,b7 in subparagraph 7,b71 by striking all students1 including students with disabilities and students who are limited ,english proficient4 and inserting all students44 #ajd4 ,authorization of appropriations for drug and alcohol abuse prevention ,section #abj7;e77#e7 7#bj ,u4,s4,c4 #ajaa;i7e77#e77 is amended by striking #bjji and inserting #bjae4 #aje4 ,mandatory financial aid award letter ,part ,b of title ,i 7#bj ,u4,s4,c4 #ajaa et seq47 is amended by adding at the end the following3 #abd4 ,use of mandatory financial aid award letter 7a7 ,in general ,notwithstanding any other provision of law1 each institution of higher education that participates in any program under title ,,iv shall use the financial aid award letter developed under section #dhc;,b in providing written or electronic financial aid offers to students enrolled in1 or accepted for enrollment in1 the institution4 7b7 ,effective date ,the requirement under subsection 7a7 shall take effect #ab months after the ,secretary finalizes the financial aid award letter developed under section #dhc;,b4 4 #ajf4 ,code of conduct in affiliated consumer financial products or services ,part ,b of title ,i 7#bj ,u4,s4,c4 #ajaa et seq471 as amended by section #aje1 is further amended by adding at the end the following3 #abe4 ,code of conduct in affiliated consumer financial products or services 7a7 ,definitions ,in this section3 7#a7 ,affiliated 7,a7 ,in general ,the term affiliated1 when used with respect to a consumer financial product or service and an institution of higher education1 means an association between such institution and product or service resulting from-- 7i7 the name1 emblem1 mascot1 or logo of the institution being used with respect to such product or service2 or 7ii7 some other word1 picture1 or symbol readily identified with the institution in the marketing of the consumer financial product or service in any way that implies that the institution endorses the consumer financial product or service4 7,b7 ,rule of construction ,nothing in subparagraph 7,a7 shall be construed to deem an association between an institution of higher education and a consumer financial product or service to be affiliated if such association is solely based on an advertisement by a financial institution that is delivered to a wide and general audience consisting of more than enrolled students at the institution of higher education4 7#b7 ,associated individual ,the term associated individual1 when used with respect to an institution of higher education1 means an individual who is-- 7,a7 an officer of such institution of higher education2 7,b7 an employee or agent of the institution of higher education who is involved in the contracting1 approval1 analysis1 or decisionmaking process for an affiliated consumer financial product or service2 or 7,c7 an employee or agent of the institution of higher education involved in the marketing or solicitation process pertaining to an affiliated consumer financial product or service4 7#c7 ,consumer financial product or service ,the term consumer financial product or service has the meaning given the term in section #ajjb of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #edha74 7#d7 ,financial institution ,the term financial institution has the meaning given the term in section #adj;,b of the ,truth in ,lending ,act4 7#e7 ,institution of higher education ,the term institution of higher education means an institution of higher education as defined in section #ajb4 7b7 ,code of conduct ,notwithstanding any other provision of law1 no institution of higher education that is affiliated with a consumer financial product or service shall be eligible to receive funds or any other form of financial assistance under this ,act1 unless the institution-- 7#a7 develops a code of conduct with respect to affiliated consumer financial products or services with which associated individuals shall comply that-- 7,a7 prohibits a conflict of interest with the responsibility of an associated individual with respect to such affiliated consumer financial product or services2 7,b7 requires each associated individual to act in the best interest of the students enrolled at the institution of higher education in carrying out their duties2 and 7,c7 at a minimum1 is aligned with the requirements and prohibitions described under subsections 7c7 through 7g72 7#b7 publishes such code of conduct prominently on the institution's website2 and 7#c7 administers and enforces such code by1 at a minimum1 requiring that all of the institution's associated individuals be annually informed of the provisions of the code of conduct4 7c7 ,ban on revenue-,sharing arrangements 7#a7 ,prohibition ,an institution of higher education that is affiliated with a consumer financial product or service shall not enter into any revenue-sharing arrangement with the financial institution4 7#b7 ,definition ,in this subsection1 the term revenue-sharing arrangement-- 7,a7 means an arrangement between an institution of higher education and a financial institution under which-- 7i7 the financial institution provides or issues a consumer financial product or service to students attending the institution of higher education2 7ii7 the institution of higher education recommends1 promotes1 sponsors1 or otherwise endorses the financial institution1 or the consumer financial products or services offered by the financial institution2 and 7iii7 the financial institution pays a fee or provides other material benefits1 including revenue or profit sharing1 to the institution of higher education in connection with the consumer financial products or services provided to students of the institution of higher education2 and 7,b7 does not include an arrangement solely based on a financial institution paying a fair market price to an institution of higher education for the institution of higher education to advertise or market the financial institution to the general public4 7d7 ,gift ban 7#a7 ,prohibition ,no associated individual of an institution of higher education shall solicit or accept any gift from a financial institution that has a consumer financial product or service with which the institution is affiliated4 7#b7 ,definition of gift 7,a7 ,in general ,in this subsection1 the term gift means any gratuity1 favor1 discount1 entertainment1 hospitality1 loan1 or other item having a monetary value of more than a de minimis amount4 ,the term includes a gift of services1 transportation1 lodging1 or meals1 whether provided in kind1 by purchase of a ticket1 payment in advance1 or reimbursement after the expense has been incurred4 7,b7 ,exceptions ,the term gift shall not include any of the following3 7i7 ,standard material1 activities1 or programs on issues related to a consumer financial product or service or financial literacy1 such as a brochure1 a workshop1 or training4 ,such material1 training1 or program shall not promote a product or service of any specific financial institution4 7ii7 ,food1 refreshments1 training1 or informational material furnished to an associated individual as an integral part of a training session that is designed to improve the service of a financial institution to the institution of higher education1 if such training contributes to the professional development of the associated individual4 7iii7 ,favorable terms1 conditions1 and borrower benefits on a consumer financial product or service provided to all employees of the institution of higher education if such terms1 conditions1 or benefits are comparable to those provided to all students of the institution4 7iv7 ,philanthropic contributions to an institution of higher education from a financial institution that are unrelated to the affiliated consumer financial product or service or the financial institution in general or any contribution from the financial institution that is not made in exchange for any advantage related to the financial institution4 7,c7 ,rule for gifts to family members ,for purposes of this subsection1 a gift to a family member of an associated individual of an institution of higher education shall be considered a gift to the associated individual if-- 7i7 the gift is given with the knowledge and acquiescence of the associated individual2 and 7ii7 the associated individual has reason to believe the gift was given because of the official position of the associated individual4 7e7 ,contracting arrangements prohibited 7#a7 ,prohibition ,no associated individual of an institution of higher education shall accept from a financial institution that has a consumer financial product or service with which the institution is affiliated a fee1 payment1 or other financial benefit 7including the opportunity to purchase stock7 as compensation for any type of consulting arrangement or other contract to provide services to the financial institution or on behalf of the financial institution4 7#b7 ,rule of construction ,nothing in this subsection shall be construed as prohibiting the conduct of an individual who is not an associated individual4 7f7 ,ban on staffing assistance ,an institution of higher education shall not request or accept from a financial institution with which the institution has an affiliated consumer financial product or service any assistance with call center staffing1 financial aid office staffing1 or any other office or department of the institution of higher education4 7g7 ,advisory board compensation ,any associated individual of an institution of higher education who serves on an advisory board1 commission1 or group established by a financial institution that has a consumer financial product or service with which the institution is affiliated shall be prohibited from receiving anything of value from the financial institution1 except that the individual may be reimbursed for reasonable expenses incurred in serving on such advisory board1 commission1 or group4 4 #ajg4 ,restriction on marketing with ,federal educational assistance funds 7a7 ,transfer ,section #aai of the ,higher ,education ,opportunity ,act 7#bj ,u4,s4,c4 #ajaam7 is amended-- 7#a7 by transferring such section so as to follow section #abe of the ,higher ,education ,act of #aife1 as added by section #ajf2 and 7#b7 by redesignating such section as section #abf of the ,higher ,education ,act of #aife4 7b7 ,amendments ,section #abf1 as transferred and redesignated by subsection 7a71 is further amended-- 7#a7 in the section heading1 by inserting and ,restrictions on ,sources of ,funds for ,recruiting and ,marketing ,activities after ,funds2 7#b7 in subsection 7d71 by striking subsections 7a7 through 7c7 and inserting subsections 7a71 7b71 7c71 and 7e72 7#c7 by redesignating subsection 7e7 as subsection 7f72 7#d7 by inserting after subsection 7d7 the following3 7e7 ,restrictions on sources of funds for recruiting and marketing activities 7#a7 ,in general ,an institution of higher education1 or other postsecondary educational institution1 may not use revenues derived from ,federal educational assistance funds for recruiting or marketing activities4 7#b7 ,rule of construction ,nothing in this section shall be construed as a limitation on the use by an institution of revenues derived from sources other than ,federal educational assistance funds4 7#c7 ,reporting ,each institution of higher education1 or other postsecondary educational institution1 that receives revenues derived from ,federal educational assistance funds shall report annually to the ,secretary and to ,congress the institution's expenditures on advertising1 marketing1 and recruiting1 and shall include in such report a verification from an independent auditor that the institution of higher education is in compliance with the requirement under paragraph 7#a74 2 7#e7 by striking the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 each place the term appears and inserting this ,act2 and 7#f7 by striking ,secretary of ,education each place the term appears and inserting ,secretary4 #ajh4 ,minimum standards for net price calculators ,section #acb7;h7 7#bj ,u4,s4,c4 #ajae;a7h77 is amended-- 7#a7 by redesignating paragraph 7#d7 as paragraph 7#f72 7#b7 in paragraph 7#b71 by inserting before the period 1 and1 not later than #a year after the date of enactment of the ,higher ,education ,affordability ,act1 shall meet the requirements of paragraph 7#d77;,b72 7#c7 in paragraph 7#c71 by inserting after the first sentence the following3 ,not later than #a year after the date of enactment of the ,higher ,education ,affordability ,act1 such calculator shall meet the requirements of paragraph 7#d742 7#d7 by inserting after paragraph 7#c7 the following3 7#d7 ,minimum requirements for net price calculators ,not later than #a year after the date of enactment of the ,higher ,education ,affordability ,act1 a net price calculator for an institution of higher education shall1 at a minimum1 meet the following requirements3 7,a7 ,the link for the calculator-- 7i7 is clearly labeled as a net price calculator and is prominently and clearly posted in locations on the institution's website where information on costs and aid is provided2 and 7ii7 may also be included on the institution's compliance webpage1 which contains information relating to compliance with ,federal1 ,state1 and local laws4 7,b7 ,the results screen for the calculator specifies the following information3 7i7 ,the net price 7as calculated under subsection 7h77#b77 for the individual student1 which is the most visually prominent figure on the results screen4 7ii7 ,cost of attendance for the institution1 including-- 7,i7 tuition and fees2 7,,ii7 the average annual cost of room and board for the institution for a first-time1 full-time undergraduate student enrolled in the institution2 7,,iii7 the average annual cost of books and supplies for a first-time1 full-time undergraduate student enrolled in the institution2 and 7,,iv7 the estimated cost of other expenses 7including personal expenses and transportation7 for a first-time1 full-time undergraduate student enrolled in the institution4 7iii7 ,estimated amount of need-based grant aid and merit-based grant aid1 from ,federal1 ,state1 and institutional sources1 that students receive at the institution1 showing the subtotal for each category and the total for all sources of grant aid4 7iv7 ,percentage of the first-time1 full-time undergraduate students enrolled in the institution that received any type of grant aid described in clause 7iii74 7v7 ,the disclaimer described in paragraph 7#f74 7vi7 ,in the case of a calculator that-- 7,i7 includes questions to estimate a student's 7or prospective student's7 eligibility for veterans' education benefits 7as defined in section #dhj7 or educational benefits for active duty service members1 such benefits are displayed on the results screen in a manner that clearly distinguishes them from the grant aid described in clause 7iii72 or 7,,ii7 does not include questions to estimate eligibility for the benefits described in subclause 7,i71 the results screen indicates that certain students 7or prospective students7 may qualify for such benefits and includes a link to official ,federal information about such benefits4 7,c7 ,the institution populates the calculator with data from no earlier than #b academic years prior to the most recent academic year4 7#e7 ,privacy requirements and disclosures 7,a7 ,privacy requirements ,an institution of higher education-- 7i7 shall carry out this subsection in a manner that complies with the requirements of section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd7 7#bj ,u4,s4,c4 #abcb;g72 and 7ii7 shall not-- 7,i7 allow any personal information1 voluntarily provided by users for the net price calculator for the institution to be sold or made available to third parties2 7,,ii7 store any responses made by users through the net price calculator2 7,,iii7 require that a user provide any personally identifiable information in order to use the net price calculator4 7,b7 ,privacy disclosures ,a net price calculator shall-- 7i7 clearly indicate which questions are required to be completed for an estimate of the net price from the calculator2 7ii7 in the case of a calculator that requests contact information from users1 clearly mark such requests as optional2 7iii7 clearly state ,any information that you provide on this site is confidential4 ,the ,net ,price ,calculator does not require personally identifiable information of any kind and does not store your responses42 and 7iv7 be established1 maintained1 and operated in a manner that is in compliance with the requirements of section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd7 7#bj ,u4,s4,c4 #abcb;g7 2 and 7#e7 by adding at the end the following3 7#g7 ,universal net price calculator ,not later than #b years after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall develop a universal net price calculator that-- 7,a7 enables users to answer one set of questions and receive net prices for any institution that is required to have a net price calculator under this subsection2 7,b7 provides the information required under subparagraphs 7,b7 and 7,c7 of paragraph 7#d7 for each institution for which a net price is being sought2 7,c7 is developed in consultation with-- 7i7 the heads of relevant ,federal agencies2 7ii7 representatives of institutions of higher education1 nonprofit consumer groups1 and secondary and postsecondary students2 and 7iii7 secondary school and postsecondary guidance counselors2 7,d7 before being finalized and publicly released1 is tested in accordance with the consumer testing process described in section #dhc;,c2 and 7,e7 complies with the privacy requirements described in paragraph 7#e74 7#h7 ,report from ,secretary ,not later than #b years after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall submit a report to ,congress on-- 7,a7 steps taken to raise awareness of net price calculators among prospective students and families1 particularly among students in middle school and high school and students from low-income families2 7,b7 how institutions are complying with the requirements of this subsection1 including an analysis of where institutions are placing the net price calculators on their websites and the design of the net price calculators by institutions2 and 7,c7 an analysis of how students are benefitting from the use of net price calculators4 7#i7 ,website ,link ,the ,secretary shall ensure that a link to the website containing the net price calculator and the universal net price calculator 7once the universal net price calculator has been developed7 is available on each of the following websites3 7,a7 ,the ,college ,navigator website described under subsection 7i74 7,b7 ,the ,college ,scorecard website described under section #acc4 7,c7 ,the website of the ,college ,affordability and ,transparency ,center4 7,d7 ,the website of the ,office of ,federal ,student ,aid4 4 #aji4 ,benefits for borrowers who are members of the ,armed ,forces ,section #aca7;f7 7#bj ,u4,s4,c4 #ajae7;f77 is amended to read as follows3 7f7 ,benefits for members of the ,armed ,forces 7#a7 ,website 7,a7 ,in ,general ,the ,secretary1 in coordination with the ,secretary of ,defense1 the ,secretary of ,veterans ,affairs1 and the ,secretary of ,homeland ,security1 shall create a revised and updated searchable ,internet website that-- 7i7 contains information1 in simple and understandable terms1 about all ,federal and ,state student financial assistance1 readmission requirements under section #dhd;,c1 and other student services1 for which members of the ,armed ,forces 7including members of the ,national ,guard and ,reserves71 veterans1 and the dependents of such members or veterans may be eligible2 and 7ii7 is easily accessible through the ,internet website described in subsection 7e77#c74 7,b7 ,implementation ,not later than #a year after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall make publicly available the revised and updated ,internet website described in subparagraph 7,a74 7,c7 ,dissemination ,the ,secretary1 in coordination with the ,secretary of ,defense and the ,secretary of ,veterans ,affairs1 shall make the availability of the ,internet website described in subparagraph 7,a7 widely known to members of the ,armed ,forces 7including members of the ,national ,guard and ,reserves71 veterans1 the dependents of such members or veterans1 ,states1 institutions of higher education1 and the general public4 7,d7 ,definition ,in this paragraph1 the term ,federal and ,state student financial assistance means any grant1 loan1 work assistance1 tuition assistance1 scholarship1 fellowship1 or other form of financial aid for pursuing a postsecondary education that is-- 7i7 administered1 sponsored1 or supported by the ,department of ,education1 the ,department of ,defense1 the ,department of ,veterans ,affairs1 or a ,state2 and 7ii7 available to members of the ,armed ,forces 7including members of the ,national ,guard and ,reserves71 veterans1 or the dependents of such members or veterans4 7#b7 ,enrollment ,form 7,a7 ,in ,general ,the ,secretary1 in consultation with the ,director of the ,bureau of ,consumer ,financial ,protection1 the ,secretary of ,defense1 and the heads of any other relevant ,federal agencies1 shall create a simplified disclosure and enrollment form for borrowers who are performing eligible military service 7as defined in section #dha7;d774 7,b7 ,contents ,the disclosure and enrollment form described in subparagraph 7,a7 shall include-- 7i7 information about the benefits and protections under title ,,iv and under the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eja et seq47 that are available to such borrower because the borrower is performing eligible military service2 and 7ii7 an opportunity for the borrower1 by completing the enrollment form1 to invoke certain protections1 activate certain benefits1 and enroll in certain programs that may be available to that borrower1 which shall include the opportunity-- 7,i7 to invoke applicable protections that are available under the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eja et seq471 as such protections relate to ,federal student loans under title ,,iv2 and 7,,ii7 to activate or enroll in any other applicable benefits that are available to such borrower under this ,act because the borrower is performing eligible military service1 such as eligibility for a deferment or eligibility for a period during which interest shall not accrue4 7,c7 ,implementation ,not later than #cfe days after the date of the enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall make available to eligible institutions1 eligible lenders1 and personnel at the ,department of ,defense and other ,federal agencies that provide services to borrowers who are members of the ,armed ,forces or the dependents of such members1 the disclosure and enrollment form described in subparagraph 7,a74 7,d7 ,notice ,requirements 7i7 ,,scra interest rate limitation ,the completion of the disclosure and enrollment form created pursuant to subparagraph 7,a7 by the borrower of a loan made1 insured1 or guaranteed under part ,b or part ,d of title ,,iv who is otherwise subject to the interest rate limitation in subsection 7a7 of section #bjg of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #ebg7;a77 and submittal of such form to the ,secretary shall be considered1 for purposes of such section1 provision to the creditor of written notice as described in subsection 7b77#a7 of such section4 7ii7 ,,ffel ,lenders ,the ,secretary shall provide each such disclosure and enrollment form completed and submitted by a borrower of a loan made1 insured1 or guaranteed under part ,b of title ,,iv who is otherwise subject to the interest rate limitation in subsection 7a7 of section #bjg of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #ebg7;a77 to any applicable eligible lender under part ,b of title ,,iv so as to satisfy the provision to the lender of written notice as described in subsection 7b77#a7 of such section4 4 #aaj4 ,data improvements for college navigator ,section #acb7;i77#a7 7#bj ,u4,s4,c4 #ajae7;i77#a77 is amended by striking subparagraph 7,m7 and inserting the following3 7,m7 ,the student faculty ratio1 the number of full-time faculty1 the ratio of the number of course sections taught by part-time instructors to the number of course sections taught by full-time faculty1 the mean and median years of employment for part-time instructors1 and the number of graduate assistants with primarily instructional responsibilities1 at the institution4 4 #aaa4 ,college scorecard ,part ,c of title ,i 7#bj ,u4,s4,c4 #ajae et seq47 is amended-- 7#a7 by redesignating sections #acc through #acg as sections #acd through #ach1 respectively2 and 7#b7 by inserting after section #acb the following3 #acc4 ,college scorecard 7a7 ,definitions ,in this section3 7#a7 ,college ,scorecard ,the term ,college ,scorecard refers to the ,college ,scorecard website developed and operated by the ,department under subsection 7b7 and any successor website4 7#b7 ,institution of higher education ,the term institution of higher education means an institution of higher education1 as defined in section #ajb1 that awards a degree or certificate4 7#c7 ,recent graduate ,the term recent graduate1 when used in reference to a graduate of an institution of higher education1 shall mean a student who completed a course of study and earned a certificate or degree at the institution in any of the #f most recent preceding years for which data are available4 7b7 ,in general ,the ,secretary shall develop and make publicly available a ,college ,scorecard website to provide students and families with information regarding higher education affordability and value for each institution of higher education that receives funds under title ,,iv4 7c7 ,standard format 7#a7 ,in general ,the ,secretary1 in consultation with the heads of relevant ,federal agencies1 shall develop a standard format to be used by the ,secretary for public disclosure of information related to higher education affordability and value1 including the information described in subsections 7d7 and 7e74 7#b7 ,recommendations from other groups ,the standard format developed under paragraph 7#a7 shall be based on recommendations from representatives of secondary school students and postsecondary students1 the families of secondary school and postsecondary students1 institutions of higher education1 secondary school and postsecondary education counselors1 and nonprofit consumer groups4 7#c7 ,sources of data ,the data used in the standard format shall be data that are available to the ,secretary through other sources and reports4 7d7 ,key required contents ,the standard format developed under subsection 7c7 shall include1 in a consumer-friendly manner that is simple and understandable1 the following information for each degree- and certificate-granting institution of higher education that receives funds under title ,,iv for the most recent year for which data are available3 7#a7 ,net price information 7,a7 ,the average net price paid by enrolled students to attend the institution1 calculated in a manner consistent with section #acb7;a77#c71 for the subgroups of students at the institution in each of the following annual family income categories1 and the percentage of students in each category3 7i7 #j to #cj1jjj4 7ii7 #cj1jja to #dh1jjj4 7iii7 #dh1jja to #ge1jjj4 7iv7 #ge1jja to #aaj1jjj4 7v7 #aaj1jja and more4 7,b7 ,a visual representation that provides context for the information conveyed under subparagraph 7,a71 including how the net price information compares to other institutions4 7,c7 ,the ,commissioner of the ,national ,center for ,education ,statistics may periodically adjust the annual family income categories described under subparagraph 7,a74 7#b7 ,completion and transfer data 7,a7 ,for each institution1 the percentages of certificate- or degree-seeking undergraduate students enrolled at the institution who obtain a certificate or degree within-- 7i7 #ajj percent of the normal time for completion of1 or graduation from1 the student's educational program2 and 7ii7 #aej percent of the normal time for completion of1 or graduation from1 the student's educational program4 7,b7 ,for each institution1 the percentages of certificate- or degree-seeking undergraduate students enrolled at the institution-- 7i7 who persist and remain enrolled in the institution from academic term to academic term2 and 7ii7 who persist and remain enrolled in the institution from year to year4 7,c7 ,for each institution1 the percentages of certificate- or degree-seeking undergraduate students who have transferred to a #d-year institution of higher education within-- 7i7 #ajj percent of the normal time for completion of1 or graduation from1 the student's initial educational program2 and 7ii7 #aej percent of the normal time for completion of1 or graduation from1 the student's initial educational program4 7,d7 ,for each institution1 a visual representation that provides context for the information conveyed under subparagraphs 7,a7 and 7,b7 and1 as applicable1 subparagraph 7,c71 including how the completion1 transfer1 and persistence rates compare to other institutions4 7#c7 ,loan information 7,a7 ,the percentage of students at the institution who have completed their certificate or degree program and who borrowed #a or more loans under part ,b1 ,d1 or ,e of title ,,iv1 or private education loans1 while attending the institution4 7,b7 ,the institution's speed-based loan repayment rate1 as calculated under section #dhc;,d7c7 and the comparison information described in section #dhc;,d7c77#d74 7,c7 ,a visual representation that provides context for the information conveyed under this paragraph1 including how the information described in subparagraphs 7,a7 and 7,b7 compares to other institutions4 7#d7 ,debt information 7,a7 ,the mean and median student loan debt1 including private education loan debt1 incurred by students who have earned a certificate or degree from the institution and who borrowed student loans in the course of obtaining such certificate or degree in the most recent year for which data are available4 7,b7 ,the percentage of students at the institution who have borrowed money to attend the institution4 7,c7 ,a visual representation that provides context for the information conveyed under subparagraphs 7,a7 and 7,b71 including how the debt information compares to other institutions4 7#e7 ,repayment information 7,a7 ,the expected monthly repayment amounts for the mean and median student loan debt described in paragraph 7#d71 under a standard repayment plan described in section #dee7;d77#a77;,a7 based on a #aj-year period4 7,b7 ,a visual representation that provides context for the information conveyed under subparagraph 7,a71 including how the repayment information compares to other similar institutions4 7#f7 ,type of institution ,a specification as to-- 7,a7 whether the institution of higher education is a public1 private nonprofit1 or private for-profit institution2 and 7,b7 whether the institution is a #d-year1 #b-year1 or less than #b-year institution and which degree type the institution primarily awards4 7#g7 ,additional information ,any other information the ,secretary1 in consultation with the heads of relevant ,federal agencies1 representatives of institutions of higher education1 nonprofit consumer groups1 and secondary and postsecondary students1 and secondary school and postsecondary guidance counselors1 determines necessary so that students and parents can make informed decisions regarding postsecondary education4 7e7 ,college tuition transparency information ,the standard format developed for institutions of higher education under subsection 7c7 shall-- 7#a7 prominently and clearly identify if the institution has been identified under section #acb7;c77#a71 and the reasons for each institution's identification2 and 7#b7 provide a link to the webpage of the net price calculator of the institution1 as required under section #acb7;h77#c74 7f7 ,additional requirements ,the standard format developed by the ,secretary under subsection 7c7 shall-- 7#a7 use1 for the terms described in subsection 7d71 standard definitions and names that are developed by the ,secretary in consultation with the heads of relevant ,federal agencies1 representatives of institutions of higher education1 nonprofit consumer groups1 secondary and postsecondary students1 and secondary school and higher education guidance counselors2 and 7#b7 use standard formatting and design that the ,secretary1 in consultation with the heads of relevant ,federal agencies1 representatives of institutions of higher education1 nonprofit consumer groups1 secondary school students1 postsecondary students1 and secondary school and higher education guidance counselors determine are clear1 understandable1 and suitable for secondary school students4 7g7 ,consumer testing ,the ,secretary shall carry out consumer testing for the ,college ,scorecard in accordance with section #dhc;,c4 7h7 ,final standard format and availability of college scorecard ,not later than #fj days after the conclusion of the consumer testing required under subsection 7h71 the ,secretary shall-- 7#a7 submit to the authorizing committees the final standard format for the ,college ,scorecard and a report describing the results of consumer testing1 including whether the ,secretary added any additional items pursuant to subsection 7d77#h72 and 7#b7 make the final ,college ,scorecard1 including all information required for the standard format under subsections 7d7 and 7e7 for all institutions of higher education that receive funds until title ,,iv1 publicly available through a ,college ,scorecard website and through a link on the following other websites3 7,a7 ,the ,college ,navigator website described under section #acb7;i74 7,b7 ,the website of the ,college ,affordability and ,transparency ,center4 7,c7 ,the website of the ,office of ,federal ,student ,aid4 7i7 ,distribution of college scorecard ,each institution of higher education receiving funds under title ,,iv shall-- 7#a7 make the most recent ,college ,scorecard for the institution publicly available on the website of the institution2 7#b7 distribute the most recent ,college ,scorecard for the institution to prospective students and accepted students of the institution-- 7,a7 in the same format in which the institution communicates with prospective and accepted students about applying to and enrolling in the institution2 and 7,b7 in a manner that allows for the student or the family of the student to take such information into account before applying or enrolling1 without regard to whether the information was requested2 and 7#c7 in the case of an institution with high student default risk that is required under section #dhg7;a77#cb7 to provide a student accepted for enrollment with a waiting period of not less than #b weeks to consider postsecondary options1 disclose to the student the ,college ,scorecard of the institution at or before the start of such waiting period4 7j7 ,public awareness campaign 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall coordinate1 with entities such as ,states1 institutions of higher education1 ,state educational agencies1 local educational agencies1 secondary schools1 and other agencies1 and organizations involved in access to higher education and student financial aid1 and implement a public awareness campaign in order to increase national awareness of the ,college ,scorecard4 7#b7 ,content and implementation of campaign ,the public awareness campaign carried out under this subsection shall disseminate information regarding the functions and methods of accessing the ,college ,scorecard1 and shall be implemented1 to the extent practicable1 using a variety of media1 including print1 television1 radio1 and the ,internet4 7#c7 ,use of research-based strategies ,the ,secretary shall design and implement the public awareness campaign carried out under this subsection based on relevant independent research and information on dissemination strategies found suitable for students in secondary school and postsecondary education4 4 #aab4 ,reporting requirements ,section #ace7;b71 as redesignated by section #aaa1 is amended-- 7#a7 in paragraph 7#a71 by striking and after the semicolon2 7#b7 in paragraph 7#b71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 is developed pursuant to the institutional reporting requirements under section #dic;,g4 4 #aac4 ,in-,state tuition rates for certain individuals ,section #acf1 as redesignated by section #aaa1 is amended to read as follows3 #acf4 ,in-,state tuition rates for certain individuals 7a7 ,members of the ,armed ,forces on active duty 7#a7 ,requirement ,in the case of a member of the ,armed ,forces who is on active duty for a period of more than #cj days and whose domicile or permanent duty station is in a ,state that receives assistance under this ,act1 such ,state shall not charge such member 7or the spouse or dependent child of such member7 tuition for attendance at a public institution of higher education in the ,state at a rate that is greater than the rate charged for residents of the ,state4 7#b7 ,continuation ,if a member of the ,armed ,forces 7or the spouse or dependent child of a member7 pays tuition at a public institution of higher education in a ,state at a rate determined by paragraph 7#a71 the provisions of paragraph 7#a7 shall continue to apply to such member1 spouse1 or dependent while continuously enrolled at that institution1 notwithstanding a subsequent change in the permanent duty station of the member to a location outside the ,state4 7b7 ,homeless children or youths and foster care children or youths ,a ,state shall not charge a homeless child or youth or a foster care child or youth tuition for attendance at a public institution of higher education in the ,state at a rate that is greater than the rate charged for residents of the ,state1 if the homeless child or youth or foster care child or youth-- 7#a7 graduated from secondary school or obtained the recognized equivalent of a secondary school diploma in such ,state2 7#b7 resided in such ,state as a homeless child or youth or a foster care child or youth while attending secondary school in an adjacent ,state1 as verified by-- 7,a7 a local educational agency homeless liaison1 designated pursuant to section #gbb7;g77#a77;,j77ii7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcb7;g77#a77;,j77ii772 7,b7 the director 7or a designee of the director7 of an emergency or transitional shelter1 street outreach program1 homeless youth drop-in center1 or other program serving homeless youth or families2 7,c7 the director 7or a designee of the director7 of a program funded under chapter #a or #b of subpart #b of part ,a of title ,,iv2 or 7,d7 the ,state or tribal organization that administers a ,state plan under part ,b or ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq4 and #fgj et seq474 7c7 ,effective dates 7#a7 ,armed forces ,with respect to an individual described in subsection 7a77#a71 this section shall take effect at each public institution of higher education in a ,state that receives assistance under this ,act for the first period of enrollment at such institution that begins after ,july #a1 #bjji4 7#b7 ,homeless children or youths and foster care children or youths ,with respect to an individual described in subsection 7b71 this section shall take effect at each public institution of higher education in a ,state that receives assistance under this ,act for the first period of enrollment at such institution that begins after ,july #a1 #bjae4 7d7 ,definitions 7#a7 ,armed ,forces and active duty for a period of more than #cj days ,in this section1 the terms ,armed ,forces and active duty for a period of more than #cj days have the meanings given those terms in section #aja of title #aj1 ,united ,states ,code4 7#b7 ,homeless children and youths ,the term homeless children and youths has the meaning given the term in section #gbe of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a74 4 #aad4 ,state higher education information system pilot program ,section #acg7;g71 as redesignated by section #aaa1 is amended by striking #bjji and inserting #bjae4 #aae4 ,responsibilities of ,,fsa ,ombudsman2 addition of point of contact for military families and homeless children ,section #ada7;f7 7#bj ,u4,s4,c4 #ajah7;f77 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking and after the semicolon2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 receive1 review1 and resolve expeditiously complaints regarding a student's independence under subparagraph 7,b7 or 7,h7 of section #dhj7;d77#a71 in consultation with knowledgeable parties1 including child welfare agencies1 local educational agency liaisons for homeless children and youths designated under subtitle ,b of title ,,vii of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadca et seq47 or ,state ,coordinators for ,education of ,homeless ,children and ,youths established under such subtitle4 2 7#b7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 ,military and ,veteran ,point of ,contact 7,a7 ,in general ,the ,chief ,operating ,officer1 in consultation with the ,secretary1 shall designate #a or more employees to act as the military and veteran point of contact within the office of the ,student ,loan ,ombudsman4 7,b7 ,functions ,the designated military and veteran point of contact described in subparagraph 7,a7 shall-- 7i7 monitor the complaints received from the ,ombudsman under paragraph 7#c77;,a7 from1 and provide timely assistance to1 members of the ,armed ,forces 7including members of the ,national ,guard and ,reserves71 veterans1 and their dependents2 7ii7 coordinate with other agencies1 including the ,department of ,defense1 the ,department of ,veterans ,affairs1 the ,department of ,homeland ,security1 and the ,bureau of ,consumer ,financial ,protection1 to ensure that members of the ,armed ,forces1 veterans1 and the dependents of members of the ,armed ,forces and veterans1 who are students1 borrowers1 or potential borrowers1 are aware of the availability and functions of the ,ombudsman2 and 7iii7 issue to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 the ,committee on ,education and the ,workforce of the ,house of ,representatives1 the ,committee on ,veterans' ,affairs of the ,senate1 the ,committee on ,veterans' ,affairs of the ,house of ,representatives1 the ,committee on ,armed ,services of the ,senate1 and the ,committee on ,armed ,services of the ,house of ,representatives an annual report on the challenges that such members of the ,armed ,forces1 veterans1 and dependents are facing as students1 borrowers1 and potential borrowers4 4 #aaf4 ,responsibilities of covered institutions1 institution-affiliated organizations1 and lenders ,section #aeb 7#bj ,u4,s4,c4 #ajai;a7 is amended-- 7#a7 in the matter preceding clause 7i7 of subsection 7a77#a77;,a71 by striking 7h7 of section #dhg and inserting 7g7 of section #dhg2 and 7#b7 in subsection 7b77#a77;,b77i77,i71 by striking section #dhg7;e7 and inserting section #dhg7;d74 #aag4 ,establishment of complaint resolution and tracking system ,title ,i 7#bj ,u4,s4,c4 #ajja et seq47 is amended-- 7#a7 by striking section #aee2 and 7#b7 by adding at the end the following3 ,f ,complaint ,tracking ,system #afa4 ,complaint tracking system 7a7 ,definition of complainant ,in this section1 the term complainant means-- 7#a7 a student of a postsecondary educational institution2 7#b7 a family member of a student of a postsecondary educational institution2 7#c7 a third party acting on behalf of a student of a postsecondary educational institution2 or 7#d7 a staff member or employee of a postsecondary educational institution4 7b7 ,establishment of complaint tracking system 7#a7 ,establishment of complaint tracking system 7,a7 ,in general ,not later than #a year after the enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall complete the establishment of a complaint tracking system that includes a single1 toll-free telephone number and a website to facilitate the centralized collection of1 monitoring of1 and response to complaints or inquiries regarding the educational practices and services1 and recruiting and marketing practices1 of all postsecondary educational institutions4 7,b7 ,purpose ,the purpose of the complaint tracking system is to address allegations of fraud1 misrepresentation1 or negligence with respect to recruitment and marketing to students4 7#b7 ,establishment of complaint tracking office ,the ,secretary shall establish within the ,department an office whose functions shall include establishing1 administering1 and disseminating widely information about the complaint tracking system established under paragraph 7#a74 ,the ,secretary shall-- 7,a7 to the extent necessary1 combine and consolidate the other offices and functions of the ,department in order to ensure that the office established under this paragraph is the single point of contact for students and borrowers with complaints2 and 7,b7 to the extent practicable1 ensure that the office established in this paragraph will work with the ,student ,loan ,ombudsman appointed in accordance with section #ada7;f7 to assist borrowers that have complaints regarding the educational practices and services1 and recruiting and marketing practices1 of postsecondary educational institutions4 7c7 ,handling of complaints 7#a7 ,timely response to complaints ,the ,secretary shall establish1 in consultation with the heads of appropriate agencies1 reasonable procedures to provide a timely response to complainants1 in writing where appropriate1 to complaints against1 or inquiries concerning1 an institution of higher education that receives funds under this ,act4 ,each response shall include a description of-- 7,a7 the steps that have been taken by the ,secretary in response to the complaint or inquiry2 7,b7 any responses received by the ,secretary from the institution of higher education2 and 7,c7 any additional actions that the ,secretary has taken1 or plans to take1 in response to the complaint or inquiry4 7#b7 ,timely response to secretary by institution of higher education ,the ,secretary shall notify each institution of higher education that receives funds under this ,act and that is the subject of a complaint or inquiry under this section regarding the complaint or inquiry4 ,not later than #fj days after receiving such notice1 such institution shall provide a response to the ,secretary concerning the complaint or inquiry1 including-- 7,a7 the steps that have been taken by the institution to respond to the complaint or inquiry2 7,b7 all responses received by the institution from the complainant2 and 7,c7 any additional actions that the institution has taken1 or plans to take1 in response to the complaint or inquiry4 7#c7 ,further investigation ,the ,secretary may1 in the event that the complaint is not adequately resolved or addressed by the responses of the institution of higher education receiving funds under this ,act under paragraph 7#b71 ask additional questions of such institution or seek additional information from or action by the institution4 7#d7 ,provision of information 7,a7 ,in general ,an institution of higher education that receives funds under this ,act shall1 in a timely manner1 comply with a request by the ,secretary for information in the control or possession of such institution concerning a complaint or inquiry received by the ,secretary under subsection 7a71 including supporting written documentation1 subject to subparagraph 7,b74 7,b7 ,exceptions ,an institution of higher education that receives funds under this ,act shall not be required to make available under this subsection-- 7i7 any nonpublic or confidential information1 including any confidential commercial information2 7ii7 any information collected by the institution for the purpose of preventing fraud or detecting or making any report regarding other unlawful or potentially unlawful conduct2 or 7iii7 any information required to be kept confidential by any other provision of law4 7#e7 ,compliance ,an institution of higher education that receives funds under this ,act shall comply with the requirements to provide responses and information1 in accordance with this subsection1 as a condition of receiving such funds4 7d7 ,transparency 7#a7 ,sharing information with ,federal and ,state agencies ,as appropriate and in accordance with section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7 7commonly referred to as the 8,family ,educational ,rights and ,privacy ,act of #aigd07 and other laws1 the ,secretary shall coordinate with the heads of relevant ,federal and ,state agencies to-- 7,a7 collect complaints related to the complaint tracking system described in subsection 7b7 from such agencies2 and 7,b7 route such complaints to relevant ,federal and ,state agencies when appropriate4 7#b7 ,interaction with existing complaint systems ,to the extent practicable1 all procedures established under this section1 and all coordination carried out under paragraph 7#a71 shall be done in accordance with the complaint tracking systems established under ,executive ,order #acfjg 7#gg ,fed4 ,reg4 #behfa2 relating to establishing principles of excellence for educational institutions serving servicemembers1 veterans1 spouses1 and other family members74 7#c7 ,public information 7,a7 ,in ,general ,the ,secretary shall regularly publish on the website of the ,department information on the complaints and inquiries received for each postsecondary educational institution under this section1 including-- 7i7 the number of complaints and inquiries received2 7ii7 the types of complaints and inquiries received2 and 7iii7 where applicable1 information about the resolution of the complaints and inquiries4 7,b7 ,data privacy ,in carrying out subparagraph 7,a71 the ,secretary shall-- 7i7 comply with applicable data privacy laws and regulations2 and 7ii7 ensure that personally identifiable information is not shared4 7,c7 ,appeals process ,the ,secretary shall establish an appeals process to allow postsecondary educational institutions to challenge or appeal a complaint after such complaint has been made public4 ,a postsecondary educational institution shall provide adequate documentation to the ,secretary to demonstrate that such a complaint is unfounded before the ,secretary may decide to remove the complaint from the website of the ,department4 7#d7 ,reports ,each year1 the ,secretary shall prepare and submit a report to the authorizing committees describing-- 7,a7 the types and nature of complaints the ,secretary has received under this section2 7,b7 the extent to which complainants are receiving relief pursuant to this section2 7,c7 whether particular types of complaints are more common in a given sector of postsecondary educational institutions2 7,d7 any legislative recommendations that the ,secretary determines are necessary to better assist students and families2 and 7,e7 the schools with the highest volume of complaints1 as determined by the ,secretary4 4 #aah4 ,proprietary education oversight coordination committee ,title ,i 7#bj ,u4,s4,c4 #ajja et seq471 as amended by section #aag1 is further amended by adding at the end the following3 ,g ,proprietary ,education ,oversight ,coordination ,improvement #aff4 ,definitions ,in this part3 7#a7 ,executive officer ,the term executive officer1 with respect to a proprietary institution of higher education that is a publicly traded corporation1 means-- 7,a7 the president of such corporation2 7,b7 a vice president of such corporation who is in charge of a principal business unit1 division1 or function of such corporation1 such as sales1 administration1 or finance2 or 7,c7 any other officer or person who performs a policy making function for such corporation4 7#b7 ,federal funds ,the term ,federal funds means ,federal funds described in section #ajb7;b77#b77;,b74 7#c7 ,proprietary institution of higher education ,the term proprietary institution of higher education has the meaning given the term in section #ajb7;b74 7#d7 ,state approval agency ,the term ,state approval agency means any ,state agency that determines whether an institution of higher education is legally authorized within such ,state to provide a program of education beyond secondary education4 7#e7 ,veterans service organization ,the term veterans service organization means an organization recognized by the ,secretary of ,veterans ,affairs for the representation of veterans under section #eijb of title #ch1 ,united ,states ,code4 #afg4 ,establishment of ,committee 7a7 ,establishment ,there is established a committee to be known as the ,proprietary ,education ,oversight ,coordination ,committee 7referred to in this title as the ,committee7 and to be composed of the head 7or the designee of such head7 of each of the following ,federal entities3 7#a7 ,the ,department of ,education4 7#b7 ,the ,bureau of ,consumer ,financial ,protection4 7#c7 ,the ,department of ,justice4 7#d7 ,the ,securities and ,exchange ,commission4 7#e7 ,the ,department of ,defense4 7#f7 ,the ,department of ,veterans ,affairs4 7#g7 ,the ,federal ,trade ,commission4 7#h7 ,the ,department of ,labor4 7#i7 ,the ,internal ,revenue ,service4 7#aj7 ,at the discretion of the ,president1 any other relevant ,federal agency or department4 7b7 ,purposes ,the ,committee shall have the following purposes3 7#a7 ,coordinate ,federal oversight of proprietary institutions of higher education to-- 7,a7 improve enforcement of applicable ,federal laws and regulations2 7,b7 increase accountability of proprietary institutions of higher education to students and taxpayers2 and 7,c7 ensure the promotion of quality education programs4 7#b7 ,coordinate ,federal activities to protect students from unfair1 deceptive1 abusive1 unethical1 fraudulent1 or predatory practices1 policies1 or procedures of proprietary institutions of higher education4 7#c7 ,encourage information sharing among agencies related to ,federal investigations1 audits1 or inquiries of proprietary institutions of higher education4 7#d7 ,increase coordination and cooperation between ,federal and ,state agencies1 including ,state ,attorneys ,general and ,state approval agencies1 with respect to improving oversight and accountability of proprietary institutions of higher education4 7#e7 ,develop best practices and consistency among ,federal and ,state agencies in the dissemination of consumer information regarding proprietary institutions of higher education to ensure that students1 parents1 and other stakeholders have easy access to such information4 7c7 ,membership 7#a7 ,designees ,for any designee described in subsection 7a71 the head of the member entity shall appoint a high-level official who exercises significant decision making authority for the oversight or investigatory activities and responsibilities related to proprietary institutions of higher education of the respective ,federal entity of such head4 7#b7 ,chairperson ,the ,secretary of ,education or the designee of such ,secretary shall serve as the ,chairperson of the ,committee4 7#c7 ,committee support ,the head of each entity described in subsection 7a7 shall ensure appropriate staff and officials of such entity are available to support the ,committee-related work of such entity4 #afh4 ,meetings 7a7 ,committee meetings ,the members of the ,committee shall meet regularly1 but not less than once during each quarter of each fiscal year1 to carry out the purposes described in section #afg7;b74 7b7 ,meetings with ,state agencies and stakeholders ,the ,committee shall meet not less than once each fiscal year1 and shall otherwise interact regularly1 with ,state ,attorneys ,general1 ,state approval agencies1 veterans service organizations1 and consumer advocates to carry out the purposes described in section #afg7;b74 #afi4 ,report 7a7 ,in general ,the ,committee shall submit a report each year to the authorizing committees1 and any other committee of ,congress that the ,committee determines appropriate4 7b7 ,public access ,the report described in subsection 7a7 shall be made available to the public in a manner that is easily accessible to parents1 students1 and other stakeholders in accordance with the best practices developed under section #afg7;b77#e74 7c7 ,contents 7#a7 ,in general ,the report shall include-- 7,a7 an accounting of any action 7as defined in paragraph 7#c77 taken by the ,federal ,government1 any member entity of the ,committee1 or a ,state-- 7i7 to enforce ,federal or ,state laws and regulations applicable to proprietary institutions of higher education2 7ii7 to hold proprietary institutions of higher education accountable to students and taxpayers2 and 7iii7 to promote quality education programs2 7,b7 a summary of complaints against each proprietary institution of higher education received by any member entity of the ,committee2 7,c7 the data described in paragraph 7#b7 and any other data relevant to proprietary institutions of higher education that the ,committee determines appropriate2 and 7,d7 recommendations of the ,committee for such legislative and administrative actions as the ,committee determines are necessary to-- 7i7 improve enforcement of applicable ,federal laws2 7ii7 increase accountability of proprietary institutions of higher education to students and taxpayers2 and 7iii7 ensure the promotion of quality education programs4 7#b7 ,data 7,a7 ,industry-wide data ,the report shall include data on all proprietary institutions of higher education that consists of information regarding-- 7i7 the total amount of ,federal funds that proprietary institutions of higher education received for the previous academic year1 and the percentage of the total amount of ,federal funds provided to institutions of higher education 7as defined in section #ajb7 for such previous academic year that reflects such total amount of ,federal funds provided to proprietary institutions of higher education for such previous academic year2 7ii7 the total amount of ,federal funds that proprietary institutions of higher education disbursed or delivered1 on behalf of a student1 or to a student to be used to attend an institution of higher education1 for the previous academic year1 disaggregated by-- 7,i7 educational assistance in the form of a loan provided under title ,,iv2 7,,ii7 educational assistance in the form of a grant provided under title ,,iv2 7,,iii7 educational assistance provided under chapter #cc of title #ch1 ,united ,states ,code2 7,,iv7 tuition assistance provided under section #bjjg of title #aj1 ,united ,states ,code2 7,v7 assistance provided under section #aghd;a of title #aj1 ,united ,states ,code2 and 7,,vi7 ,federal funds not described in subclauses 7,i7 through 7,v72 7iii7 the percentage of the total amount of ,federal funds provided to institutions of higher education 7as defined in section #ajb7 for such previous academic year for each of the programs described in subclauses 7,i7 through 7,v7 of clause 7ii7 that reflects such total amount of ,federal funds provided to proprietary institutions of higher education for such previous academic year for each of such programs2 7iv7 the average retention and graduation rates for students pursuing a degree at proprietary institutions of higher education2 7v7 the average cohort default rate 7as defined in section #dce7m77 for proprietary institutions of higher education1 and an annual list of cohort default rates 7as defined in such section7 for all proprietary institutions of higher education2 7vi7 for careers requiring the passage of a licensing examination-- 7,i7 the passage rate of individuals who attended a proprietary institution of higher education taking such examination to pursue such a career2 and 7,,ii7 the passage rate of all individuals taking such exam to pursue such a career2 and 7vii7 the use of private education loans at proprietary institutions of higher education that includes-- 7,i7 an estimate of the total number of such loans2 and 7,,ii7 information on the average debt1 default rate1 and interest rate of such loans4 7,b7 ,data on publicly traded corporations 7i7 ,in general ,the report shall include data on proprietary institutions of higher education that are publicly traded corporations1 consisting of information on-- 7,i7 any pre-tax profit of such proprietary institutions of higher education-- 7aa7 reported as a total amount and an average percent of revenue for all such proprietary institutions of higher education2 and 7bb7 reported for each such proprietary institution of higher education2 7,,ii7 revenue for such proprietary institutions of higher education spent on recruiting and marketing activities1 student instruction1 and student support services1 reported-- 7aa7 as a total amount and an average percent of revenue for all such proprietary institutions of higher education2 and 7bb7 for each such proprietary institution of higher education2 7,,iii7 total compensation packages of the executive officers of each such proprietary institution of higher education2 7,,iv7 a list of institutional loan programs offered by each such proprietary institution of higher education that includes information on the default and interest rates of such programs2 and 7,v7 the data described in clauses 7ii7 and 7iii74 7ii7 ,disaggregated by ownership ,the report shall include data on proprietary institutions of higher education that are publicly traded corporations1 disaggregated by corporate or parent entity1 brand name1 and campus1 consisting of-- 7,i7 the total cost of attendance for each program at each such proprietary institution of higher education1 and information comparing such total cost for each such program to-- 7aa7 the total cost of attendance for each program at each public institution of higher education2 and 7bb7 the average total cost of attendance for each program at all institutions of higher education1 including such institutions that are public and such institutions that are private2 7,,ii7 total enrollment1 disaggregated by-- 7aa7 individuals enrolled in programs taken online2 and 7bb7 individuals enrolled in programs that are not taken online2 7,,iii7 the average retention and graduation rates for students pursuing a degree at such proprietary institutions of higher education2 7,,iv7 the percentage of students enrolled in such proprietary institutions of higher education who complete a program of such an institution within-- 7aa7 the standard period of completion for such program2 and 7bb7 a period that is #aej percent of such standard period of completion2 7,v7 the total cost of attendance for each program at such proprietary institutions of higher education2 7,,vi7 the average cohort default rate1 as defined in section #dce7m71 for such proprietary institutions of higher education1 and an annual list of cohort default rates 7as defined in such section7 for all proprietary institutions of higher education2 7,,vii7 the median educational debt incurred by students who complete a program at such a proprietary institution of higher education2 7,,viii7 the median educational debt incurred by students who start but do not complete a program at such a proprietary institution of higher education2 7,,ix7 the job placement rate for students who complete a program at such a proprietary institution of higher education and the type of employment obtained by such students2 7,x7 for careers requiring the passage of a licensing examination1 the rate of individuals who attended such a proprietary institution of higher education and passed such an examination2 and 7,,xi7 the number of complaints from students enrolled in such proprietary institutions of higher education who have submitted a complaint to any member entity of the ,committee4 7iii7 ,department of ,defense and ,veterans ,affairs assistance 7,i7 ,in general ,to the extent practicable1 the report shall provide information on the data described in clause 7ii7 for individuals using1 to pay for the costs of attending such a proprietary institution of higher education1 ,federal funds provided under title #aj1 ,united ,states ,code or title #ch1 ,united ,states ,code4 7,,ii7 ,revenue ,the report shall provide information on the revenue of proprietary institutions of higher education that are publicly traded corporations that is derived from the ,federal funds described in subclause 7,i74 7,c7 ,comparison data ,to the extent practicable1 the report shall provide information comparing the data described in subparagraph 7,b7 for proprietary institutions of higher education that are publicly traded corporations with such data for public institutions of higher education disaggregated by ,state4 7#c7 ,accounting of any action ,for the purposes of paragraph 7#a77;,a71 the term any action shall include-- 7,a7 a complaint filed by a ,federal or ,state agency in a local1 ,state1 ,federal1 or tribal court2 7,b7 an administrative proceeding by a ,federal or ,state agency involving noncompliance of any applicable law or regulation2 or 7,c7 any other review1 audit1 or administrative process by any ,federal or ,state agency that results in a penalty1 suspension1 or termination from any ,federal or ,state program4 #agj4 ,warning list for parents and students 7a7 ,in general ,each academic year1 the ,committee shall publish a list to be known as the ,warning ,list for ,parents and ,students to be comprised of proprietary institutions of higher education-- 7#a7 that have engaged in illegal activity during the previous academic year as determined by a ,federal or ,state court2 7#b7 that have entered into a settlement resulting in a monetary payment2 7#c7 that have had any higher education program withdrawn or suspended2 or 7#d7 for which the ,committee has sufficient evidence of widespread or systemic unfair1 deceptive1 abusive1 unethical1 fraudulent1 or predatory practices1 policies1 or procedures that pose a threat to the academic success1 financial security1 or general best interest of students4 7b7 ,determinations ,in making a determination pursuant to subsection 7a77#d71 the ,committee may consider evidence that includes the following3 7#a7 ,any consumer complaint collected by any member entity of the ,committee4 7#b7 ,any complaint filed by a ,federal or ,state agency in a ,federal1 ,state1 local1 or tribal court4 7#c7 ,any administrative proceeding by a ,federal or ,state agency involving noncompliance of any applicable law or regulation4 7#d7 ,any other review1 audit1 or administrative process by any ,federal or ,state agency that results in a penalty1 suspension1 or termination from any ,federal or ,state program4 7#e7 ,data or information submitted by a proprietary institution of higher education to any accrediting agency or association recognized by the ,secretary of ,education pursuant to section #dif or the findings or adverse actions of any such accrediting agency or association4 7#f7 ,information submitted by a proprietary institution of higher education to any member entity of the ,committee4 7#g7 ,any other evidence that the ,committee determines relevant in making a determination pursuant to subsection 7a77#d74 7c7 ,publication ,not later than ,july #a of each fiscal year1 the ,committee shall publish the list described in subsection 7a7 prominently and in a manner that is easily accessible to parents1 students1 and other stakeholders in accordance with any best practices developed under section #afg7;b77#e74 4 ,,ii ,improving educator preparation #bja4 ,improving educator preparation ,title ,,ii 7#bj ,u4,s4,c4 #ajba et seq47 is amended to read as follows3 ,,ii ,improving ,educator ,preparation #bjj4 ,definitions ,in this title3 7#a7 ,applied learning ,the term applied learning means a strategy that-- 7,a7 engages students in opportunities to apply rigorous academic content aligned with postsecondary-level expectations to real world experience1 through such means as work experience1 work-based learning1 problem-based learning1 project-based learning or service-learning2 and 7,b7 develops students' cognitive competencies and pertinent employability skills4 7#b7 ,clinical training ,the term clinical training means sustained and high-quality preservice experiences based on scientifically valid research to further develop the teaching skills or leadership skills of prospective teachers or school leaders1 including 7as applicable7 early childhood educators4 ,such experiences shall include each of the following3 7,a7 ,experiential clinical training in an elementary school or secondary school that1 to the extent practicable1 is aligned with the grade level and subject area where the teacher or school leader will be placed upon program completion1 and that includes-- 7i7 opportunities for teacher or school leader candidates to develop and demonstrate teaching skills or leadership skills as supervised classroom teachers or school leaders to better prepare such teachers or school leaders to meet the needs of serving in high-need local educational agencies1 high-need schools1 or schools in rural areas1 or being a teacher in a high-need subject or field2 7ii7 opportunities to work with diverse learners2 7iii7 ongoing assessment and regular opportunities for feedback for teacher candidates or school leader candidates from faculty and current teachers or school leaders2 7iv7 aligning school-based clinical experiences with coursework in educational theory and content through supervised clinical practice and regular feedback on the development of teaching skills or leadership skills and performance that include integrating social and emotional development1 building a positive classroom or school culture and climate1 and developing effective classroom management or school leadership techniques2 7v7 for teachers1 developing the ability to-- 7,i7 link teaching practice to student learning2 7,,ii7 create effective teaching units and lesson plans that provide all students with the ability to apply content knowledge1 think critically1 solve complex problems1 communicate effectively1 and work collaboratively with their peers2 7,,iii7 develop and implement formative and interim assessments to diagnose student learning and modify instruction as a result of the data derived from such assessments2 7,,iv7 implement evidence-based differentiated instruction strategies2 and 7,v7 teach diverse learners1 including students with special needs and ,english learners2 7vi7 for school leaders1 developing the ability to-- 7,i7 lead effective teams of teachers2 7,,ii7 identify and model effective classroom practices2 7,,iii7 learn how to recruit and support effective teachers2 and 7,,iv7 engage community members and parents4 7,b7 ,align the coursework offered at the educator preparation entity with the needs of the local educational agencies1 including the academic needs of students1 served by the educator preparation entity and the clinical experiences offered under subparagraph 7,a74 7,c7 ,provide high-quality mentoring4 7,d7 ,be offered over the course of an educator preparation program4 7,e7 ,be designed through collaboration between faculty or staff at the educator preparation entity and employees1 including teachers and school leaders1 of the local educational agencies served by the educator preparation entity4 7,f7 ,provide support and training for faculty or staff at educator preparation entities and for individuals who serve as mentors for new and prospective teachers or school leaders4 7#c7 ,core academic subjects ,the term core academic subjects has the meaning given the term in section #iaja of the ,elementary and ,secondary ,education ,act of #aife4 7#d7 ,early childhood educator ,the term early childhood educator means an individual with primary responsibility for the education of children in an early childhood education program4 7#e7 ,educational service agency ,the term educational service agency has the meaning given the term in section #iaja of the ,elementary and ,secondary ,education ,act of #aife4 7#f7 ,educator preparation entity ,the term educator preparation entity means a teacher preparation entity or a school leader preparation entity4 7#g7 ,educator preparation program ,the term educator preparation program means a teacher preparation program or a school leader preparation program offered by an educator preparation entity1 including an early childhood education teacher or school leader program4 7#h7 ,educator residency program ,the term educator residency program means a teacher residency program or a school leader residency program within a teacher preparation program or school leader preparation program4 7#i7 ,effective literacy instruction ,the term effective literacy instruction means literacy instruction that-- 7,a7 includes age-appropriate1 explicit1 systematic1 and intentional instruction in phonological awareness1 phonic decoding1 vocabulary1 language structure1 reading fluency1 and reading comprehension2 7,b7 includes age-appropriate1 explicit instruction in writing1 including opportunities for children to write with clear purposes1 with critical reasoning appropriate to the topic and purpose1 and with specific instruction and feedback from instructional staff2 7,c7 uses differentiated instructional approaches1 including individual and small group instruction and discussion2 7,d7 uses age-appropriate1 valid1 and reliable screening assessments1 diagnostic assessments1 formative assessment processes1 and summative assessments to identify a child's learning needs1 to inform instruction1 and to monitor the child's progress and the effects of instruction2 7,e7 uses strategies to enhance children's motivation to read and write and children's engagement in self-directed learning2 7,f7 incorporates the principles of universal design for learning2 7,g7 depends on teachers' collaboration in planning1 instruction1 and assessing a child's progress and on continuous professional learning2 and 7,h7 links literacy instruction to the challenging academic content standards under section #aaaa7;b77#a7 of the ,elementary and ,secondary ,education ,act of #aife1 including the ability to navigate1 understand1 and write about1 complex print and digital subject matter4 7#aj7 ,eligible partnership ,except as otherwise provided in section #baf1 the term eligible partnership means an entity that-- 7,a7 shall include-- 7i7 a high-need local educational agency2 7ii7 7,i7 a high-need school or a consortium of high-need schools served by the high-need local educational agency2 or 7,,ii7 as applicable1 a high-need early childhood education program2 7iii7 a partner institution2 and 7iv7 a school1 department1 or educator preparation program within such partner institution2 and 7,b7 may include any of the following3 7i7 ,the ,governor of the ,state4 7ii7 ,the ,state educational agency4 7iii7 ,the ,state board of education4 7iv7 ,the ,state agency for higher education4 7v7 ,a school or department of arts and sciences within such partner institution4 7vi7 ,a business4 7vii7 ,a public or private nonprofit educational organization4 7viii7 ,an educational service agency4 7ix7 ,a teacher organization4 7x7 ,a high-performing local educational agency1 or a consortium of such local educational agencies1 that can serve as a resource to the partnership4 7xi7 ,a charter school 7as defined in section #ebaj of the ,elementary and ,secondary ,education ,act of #aife74 7xii7 ,a school or department within the partner institution that focuses on psychology and human development4 7xiii7 ,a school or department within the partner institution with comparable expertise in the disciplines of teaching1 learning1 and child and adolescent development4 7xiv7 ,an entity operating a program that provides alternative routes to ,state certification of teachers or school leaders4 7#aa7 ,english learner ,the term ,english learner means an individual-- 7,a7 who is aged #c through #ba2 7,b7 who is enrolled or preparing to enroll in an elementary school or secondary school2 7,c7 7i7 who was not born in the ,united ,states2 7ii7 whose native language is a language other than ,english2 7iii7 7,i7 who is a ,native ,american or ,alaska ,native1 or a native resident of the outlying areas2 and 7,,ii7 who comes from an environment where a language other than ,english has had a significant impact on the individual's level of ,english language proficiency2 or 7iv7 who is migratory1 whose native language is a language other than ,english1 and who comes from an environment where a language other than ,english is dominant2 and 7,d7 whose difficulties in speaking1 reading1 writing1 or understanding the ,english language may be sufficient to deny the individual-- 7i7 the ability to meet or exceed the ,state challenging student academic achievement standards under section #aaaa7;b77#a7 of the ,elementary and ,secondary ,education ,act of #aife in a subject for the individual's grade level1 as determined based on the ,state academic assessments described in section #aaaa7;b77#c7 of such ,act2 7ii7 the ability to successfully achieve in classrooms where the language of instruction is ,english2 or 7iii7 the opportunity to participate fully in society4 7#ab7 ,high-need early childhood education program ,the term high-need early childhood education program means an early childhood education program serving children from low-income families that is located within the geographic area served by a high-need local educational agency1 particularly focused on a prekindergarten through third grade continuum4 7#ac7 ,high-need local educational agency ,the term high-need local educational agency means a local educational agency-- 7,a7 7i7 for which not less than #bj percent of the children served by the agency are children from low-income families2 7ii7 that serves not fewer than #aj1jjj children from low-income families2 7iii7 that meets the eligibility requirements for funding under the ,small1 ,rural ,school ,achievement ,program under section #fbaa7;b7 of the ,elementary and ,secondary ,education ,act of #aife2 or 7iv7 that meets the eligibility requirements for funding under the ,rural and ,low-,income ,school ,program under section #fbba7;b7 of the ,elementary and ,secondary ,education ,act of #aife2 and 7,b7 7i7 for which #a or more schools served by the agency is identified by the ,state as a low-performing school under section #aaaf of the ,elementary and ,secondary ,education ,act of #aife or identified as eligible to receive funds under section #ajjc7;g7 of such ,act2 or 7ii7 for which there is-- 7,i7 a shortage of teachers in high-need subjects or fields2 or 7,,ii7 a high teacher turnover rate4 7#ad7 ,high-need school ,the term high-need school means-- 7,a7 an elementary school or middle school in which not less than #ej percent of the enrolled students are children from low-income families2 or 7,b7 a high school in which not less than #dj percent of the enrolled students are children from low-income families1 which may be calculated using comparable data from feeder schools4 7#ae7 ,high-quality professional development ,the term high-quality professional development means activities based on scientifically valid research that are coordinated and aligned to increase the effectiveness of teachers or school leaders and are regularly assessed to determine the activities' effectiveness1 and that-- 7,a7 are designed and implemented to improve student achievement and classroom practice2 7,b7 are aligned with-- 7i7 ,state challenging academic content standards and ,state challenging student academic achievement standards adopted under section #aaaa7;b7 of the ,elementary and ,secondary ,education ,act of #aife2 7ii7 related academic and school improvement goals of the school1 local educational agency1 and1 as appropriate1 statewide and local curricula2 7iii7 for teachers1 rigorous teaching standards2 and 7iv7 for school leaders1 rigorous standards for leadership skills2 7,c7 increase teachers' or school leaders'-- 7i7 knowledge and understanding about how students learn2 7ii7 academic content knowledge2 7iii7 knowledge and understanding about the link between social and emotional development and student outcomes2 7iv7 ability to analyze student work and achievement data from multiple sources1 including teacher developed assessments and how to adjust instructional strategies1 assessments1 and materials based on such analysis2 7v7 ability to instruct students with disabilities and ,english learners so that such students with disabilities and ,english learners are able to meet the ,state challenging academic content standards and ,state challenging student academic achievement standards2 7vi7 ability to effectively manage a classroom1 including the ability to-- 7,i7 implement multi-tiered systems of support2 7,,ii7 create a positive learning environment that conveys high expectations for all students2 and 7,,iii7 equitably implement school discipline policies2 7vii7 ability to lead teams of effective teachers1 in the case of school leaders2 7viii7 ability to implement opportunities for applied learning2 7ix7 knowledge and understanding of culturally relevant practices2 and 7x7 teaching skills and school leadership skills2 7,d7 are informed by1 and aligned with1 such teachers' and school leaders' evaluations2 7,e7 are collaborative1 data-driven1 and classroom- or school-focused2 7,f7 provide the teacher or school leader with high-quality feedback with actionable steps to improve their practice2 7,g7 are sustained1 intensive1 and job-embedded1 and not limited in scope to a #a-;day or short-term workshop or conference2 7,h7 are1 as appropriate1 designed to-- 7i7 provide teachers or school leaders with the knowledge and skills to work more effectively with parents and families2 and 7ii7 where applicable1 address the transition from prekindergarten to elementary school1 including issues related to school readiness across all major domains of early learning1 as well as transitions from elementary school to middle school and middle school to high school2 and 7,i7 for school leaders1 provide comprehensive opportunities to practice effective strategies and help school leaders develop the abilities to lead effective teams of teachers and maintain active engagement with families and community organizations4 7#af7 ,highly competent ,the term highly competent1 when used with respect to an early childhood educator1 means an educator-- 7,a7 with specialized education and training in development and education of young children from birth until entry into kindergarten1 including children with disabilities and ,english learners2 7,b7 with-- 7i7 a baccalaureate degree in an academic major in the arts and sciences2 or 7ii7 an associate's degree in a related educational area2 and 7,c7 who has demonstrated a high level of knowledge and use of content and pedagogy in the relevant areas associated with quality early childhood education4 7#ag7 ,induction program ,the term induction program means a formalized program for new teachers or school leaders during not less than the first #b years of teaching or leading a school that is designed to provide support for1 improve the professional performance of1 and advance the retention of beginning teachers or school leaders4 ,such program shall promote effective teaching or leadership skills and shall include the following components3 7,a7 ,high-quality mentoring4 7,b7 ,periodic1 structured time for collaboration and observation opportunities with teachers or school leaders1 as well as interdisciplinary collaboration among highly effective teachers1 school leaders1 faculty1 researchers1 other educators1 and other staff who prepare new teachers or school leaders4 7,c7 ,the application of empirically based practice and scientifically valid research on instructional and behavioral interventions4 7,d7 ,opportunities for new teachers or school leaders to draw directly on the expertise of mentors1 faculty1 local educational agency personnel1 and researchers to support the integration of empirically based practice and scientifically valid research with practice4 7,e7 ,the development of content expertise4 7,f7 ,faculty who-- 7i7 model the integration of research and practice in the classroom and innovative practices that support the acquisition and transferability of college- and career-ready skills1 including critical thinking1 complex problem solving1 effective communication and collaboration1 such as through project-based and applied learning2 7ii7 assist new teachers and school leaders with the effective use and integration of technology in instruction2 7iii7 for teachers1 assist in the creation and use of teacher-developed assessments for the purpose of informing and targeting instructional practice2 7iv7 demonstrate the content knowledge and skills necessary to be effective in advancing student achievement2 and 7v7 are able to substantially participate in the early childhood program or elementary school or secondary school classroom setting1 as applicable1 which may include receiving release time or workload credit for such participation4 7,g7 ,assistance with the understanding of data1 particularly student assessment achievement data1 including data from interim1 formative1 and summative assessments and the application of such data in classroom instruction or school leadership4 7,h7 ,regular1 structured observation and evaluation of new teachers or school leaders1 including post-observation feedback and dialogue1 by multiple-trained evaluators1 using valid and reliable measures of teaching and leadership skills4 7#ah7 ,low-income family ,the term low-income family means a family who-- 7,a7 has a student who is eligible for a free or reduced priced lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act2 7,b7 is eligible for means tested benefits or public assistance at the local1 ,state1 or ,federal level2 or 7,c7 lives in a high-poverty area or has a student who attends an elementary school or high school with an attendance area in a high-poverty area4 7#ai7 ,mentor ,the term mentor means an experienced educator who shall-- 7,a7 provide opportunities for prospective or new teachers or school leaders to develop and demonstrate teaching skills or school leadership skills to better prepare such prospective or new teachers or school leaders to meet the unique needs of serving in high-need local educational agencies1 high-need schools1 or schools in rural areas1 or being a teacher in a high-need subject or field2 7,b7 provide ongoing assessment of and regular feedback to mentees2 7,c7 possess-- 7i7 a demonstrated record of strong teaching skills or leadership skills and improving student achievement2 7ii7 strong verbal and written communication skills2 and 7iii7 knowledge1 skills1 and attitudes to-- 7,i7 establish and maintain a professional learning community that uses data1 feedback1 and coaching to improve mentee performance2 and 7,,ii7 create and maintain a learning culture for mentees that provides a climate conducive to the professional development of the mentees2 and 7,d7 have a demonstrated record of improving student achievement4 7#bj7 ,mentoring ,the term mentoring means the advising of prospective or new educators through a program that includes the following3 7,a7 ,clear criteria for the selection of mentors that takes into account the mentor's effectiveness4 7,b7 ,provides high-quality training for such mentors in how to support teachers or school leaders effectively1 including-- 7i7 for teachers1 instructional strategies for literacy instruction2 and 7ii7 for teachers or school leaders1 instruction in classroom management or school management techniques1 including approaches that improve the schoolwide climate for learning1 such as social and emotional development strategies and multi-tiered systems of support4 7,c7 ,provides regularly scheduled time for collaboration1 examination of student work and achievement data1 joint professional development opportunities1 and ongoing opportunities for mentors and mentees to observe each other's teaching or leading1 and identify and address areas for improvement4 7,d7 ,matches mentees with mentors in the same field1 grade1 grade span1 or subject area4 7,e7 ,provides paid release time for mentors1 as applicable4 7#ba7 ,partner institution ,the term partner institution means a nonprofit institution of higher education1 which may include a #b-year nonprofit institution of higher education offering a dual program with a #d-year nonprofit institution of higher education1 participating in an eligible partnership that has a teacher preparation program-- 7,a7 whose graduates exhibit strong performance on ,state-determined qualifying assessments for new teachers through-- 7i7 demonstrating that #hj percent or more of the graduates of the program who intend to enter the field of teaching have passed all of the applicable ,state qualification assessments for new teachers1 which shall include an assessment of each prospective teacher's subject matter knowledge in the content area in which the teacher intends to teach2 or 7ii7 being ranked among the highest-performing teacher preparation programs in the ,state as determined by the ,state using criteria consistent with the requirements for the ,state report card under section #baj2 and 7,b7 that requires each teacher or school leader candidate in the program-- 7i7 to meet high academic standards or demonstrate a record of success1 as determined by the institution 7including prior to entering and being accepted into a program71 and participate in intensive clinical training2 7ii7 to become highly effective2 and 7iii7 preparing to become an early childhood educator1 to meet degree requirements1 as established by the ,state1 and become highly competent4 7#bb7 ,principles of scientific research ,the term principles of scientific research means principles of research that-- 7,a7 apply rigorous1 systematic1 and objective methodology to obtain reliable and valid knowledge relevant to education activities and programs2 7,b7 present findings and make claims that are appropriate to1 and supported by1 the methods that have been employed2 and 7,c7 include1 appropriate to the research being conducted-- 7i7 use of systematic1 empirical methods that draw on observation or experiment2 7ii7 use of data analyses that are adequate to support the general findings2 7iii7 reliance on measurements or observational methods that provide reliable and generalizable findings2 7iv7 strong claims of causal relationships1 only with research designs that eliminate plausible competing explanations for observed results1 such as random-assignment experiments2 7v7 presentation of studies and methods in sufficient detail and clarity to allow for replication or1 at a minimum1 to offer the opportunity to build systematically on the findings of the research2 7vi7 acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous1 objective1 and scientific review2 and 7vii7 consistency of findings across multiple studies or sites to support the generality of results and conclusions4 7#bc7 ,recent program graduate ,the term recent program graduate means-- 7,a7 an individual who has graduated from a teacher preparation program or school leader preparation program not earlier than #c years preceding the date of the determination2 or 7,b7 an alternative route participant who1 within the #c years preceding the date of the determination1 received a level of certification or licensure that allows the participant to serve as the teacher or school leader of record in the ,state in which the participant is employed4 7#bd7 ,satisfaction survey ,the term satisfaction survey means a survey instrument designed to collect qualitative and quantitative data on perceptions of whether new teachers or school leaders possess the skills needed to succeed in the classroom1 including effective teaching or school leadership skills4 7#be7 ,scientifically valid research ,the term scientifically valid research includes applied research1 basic research1 and field-initiated research in which the rationale1 design1 and interpretation are soundly developed in accordance with principles of scientific research4 7#bf7 ,school leader ,the term school leader means a principal1 assistant principal1 or individual who-- 7,a7 is an employee or officer of a school who is responsible for-- 7i7 the daily instructional leadership and managerial operations of the school2 and 7ii7 creating the optimum conditions for student learning2 or 7,b7 is an early childhood program leader or director4 7#bg7 ,school leader preparation entity ,the term school leader preparation entity means an institution of higher education or a nonprofit organization1 including those institutions or organizations that provide alternative routes to certification1 that is approved by the ,state to prepare school leaders to be effective4 7#bh7 ,school leader preparation program ,the term school leader preparation program means a program offered by a school leader preparation entity1 whether traditional or alternative route1 that is approved by the ,state to prepare school leaders to be effective and that leads to a specific ,state certification to be a school leader4 7#bi7 ,school leader residency program ,the term school leader residency program means a school-based school leader preparation program in which a prospective school leader-- 7,a7 for #a academic year1 acts as a school leader or assistant school leader alongside a mentor school leader2 7,b7 receives concurrent instruction during the year described in subparagraph 7,a7 from an educator preparation entity1 which courses may be taught by local educational agency personnel or residency program faculty2 7,c7 acquires and demonstrates effective school leadership skills2 7,d7 prior to completion of the program1 attains full ,state certification of licensure2 and 7,e7 in the case of a postbaccalaureate or master's residency program1 acquires a master's degree not later than #bd months after beginning the program4 7#cj7 ,school leadership skills ,the term school leadership skills means skills that enable a school leader to-- 7,a7 recruit1 train1 supervise1 support1 retain1 and evaluate teachers and other staff2 7,b7 develop teams of effective school staff1 and distributing among members of such teams responsibilities for leading and improving their schools2 7,c7 establish a positive school culture and learning community where school leaders and teachers-- 7i7 share a commitment to improving student outcomes and performances for all students1 including students with disabilities and ,english learners2 and 7ii7 set a continuous cycle of collective inquiry and improvement in which teachers and school leaders work together on a regular basis to analyze and improve the alignment and effectiveness of curriculum1 instruction1 learning1 and assessment2 7,d7 understand how students learn and develop1 and use this knowledge to set high expectations for student achievement and support student success2 7,e7 address the unique needs of specific student populations served1 such as students with disabilities1 students who are ,english learners1 and students who are homeless or in foster care2 7,f7 manage resources and school time to support high-quality instruction and improvements in student achievement2 and 7,g7 actively engage and work effectively with students' parents and other members of the community4 7#ca7 ,student growth ,the term student growth means a change in student achievement for an individual student between #b or more points in time4 ,for the purpose of determining student growth1 measures of student achievement include-- 7,a7 for grades and subjects in which assessments are required under section #aaaa7;b77#c7 of the ,elementary and ,secondary ,education ,act of #aife1 the student's score on such assessments1 and1 as appropriate1 other multiple measures of student learning1 such as those designated under paragraph 7,b72 and 7,b7 for grades and subjects for which such assessments are not required1 alternative statewide measures of student learning and performance1 such as student results on pre-tests and end-of-course tests1 and objective performance-based assessments1 and student performance on ,english language proficiency assessments4 7#cb7 ,teacher in a high-need subject or field ,the term teacher in a high-need subject or field means a teacher of-- 7,a7 students with disabilities2 7,b7 ,english learners2 or 7,c7 science1 technology1 engineering1 or mathematics4 7#cc7 ,teacher performance assessment ,the term teacher performance assessment means an assessment used to measure teacher performance that is approved by the ,state and is-- 7,a7 based on professional teaching standards2 7,b7 used to measure the effectiveness of a teacher's-- 7i7 curriculum planning2 7ii7 instruction of students1 including appropriate plans and modifications for students who are ,english learners and students who are children with disabilities2 7iii7 assessment of students1 including analysis of evidence of student learning2 and 7iv7 ability to advance student learning2 7,c7 validated based on professional assessment standards2 7,d7 reliably scored by trained evaluators1 with appropriate oversight of the process to ensure consistency2 and 7,e7 used to support continuous improvement of educator practice4 7#cd7 ,teacher preparation entity ,the term teacher preparation entity means an institution of higher education or a nonprofit organization1 including those that provide alternative routes to certification1 that is approved by the ,state to prepare teachers to be effective4 7#ce7 ,teacher preparation program ,the term teacher preparation program means a program1 whether traditional or alternative route1 that is approved by the ,state to prepare teachers to be effective and that leads to a specific ,state certification to be a teacher4 7#cf7 ,teacher residency program ,the term teacher residency program means a school-based teacher preparation program in which a prospective teacher-- 7,a7 for #a academic year1 teaches alongside a mentor teacher1 who is the teacher of record2 7,b7 receives concurrent instruction during the year described in subparagraph 7,a7 from an educator preparation entity1 which courses may be taught by local educational agency personnel or residency program faculty1 in the teaching of the content area in which the teacher will become certified or licensed2 7,c7 acquires teaching skills2 7,d7 prior to completion of the program1 attains full ,state certification of licensure and is prepared to be effective2 and 7,e7 in the case of a postbaccalaureate or master's residency program1 acquires a master's degree not later than #bd months after beginning the program4 7#cg7 ,teaching skills ,the term teaching skills means skills that enable a teacher to-- 7,a7 increase student learning1 achievement1 and the ability to apply knowledge2 7,b7 effectively convey and explain academic subject matter2 7,c7 effectively teach higher-order analytical1 critical thinking1 evaluation1 problem-solving1 and communication skills2 7,d7 employ strategies grounded in the disciplines of teaching and learning that-- 7i7 are based on empirically-based practice and scientifically valid research1 where applicable1 related to teaching and learning2 7ii7 are specific to academic subject matter2 7iii7 are culturally responsive2 7iv7 integrate social and emotional development and academic achievement2 and 7v7 focus on the identification of students' specific learning needs and develop the skills needed to promote successful learning1 particularly among students with disabilities1 ,english learners1 students who are gifted and talented1 and students with low literacy levels1 and the tailoring of academic instruction to such needs2 7,e7 conduct and utilize the results of an ongoing assessment of student learning1 which may include the use of formative assessments1 interim assessments1 performance-based assessments1 project-based assessments1 or portfolio assessments1 that measures the full range of academic standards and higher-order thinking skills 7including application1 analysis1 synthesis1 and evaluation72 7,f7 effectively manage a classroom1 including the ability to implement multi-tiered systems of support1 create a positive learning environment that conveys high expectations for all students1 and equitably implement school discipline policies2 7,g7 communicate and work with parents1 and involve parents in their children's education2 7,h7 use1 in the case of an early childhood educator1 age-appropriate and developmentally appropriate strategies and practices for children in early childhood education programs2 and 7,i7 teach1 in the case of a career and technical education teacher1 technical skills to industry standards in a classroom setting and possess strategies for incorporating content from non-career and technical education courses and standards for college and career into career and technical education courses4 ,a ,educator quality partnership grants #bja4 ,purposes ,the purposes of this part are to-- 7#a7 improve student achievement in high-need schools2 7#b7 improve the quality of prospective and new teachers or school leaders by improving the preparation of prospective teachers or school leaders and enhancing professional development activities for new teachers or school leaders2 7#c7 hold educator preparation entities at institutions of higher education accountable for preparing highly effective teachers or school leaders2 7#d7 recruit well qualified individuals1 including members of groups underrepresented in teaching and individuals from other occupations1 as teachers and school leaders2 and 7#e7 meet the staffing needs of high-need local educational agencies and high-need schools through collaborative partnerships with educator preparation programs within institutions of higher education4 #bjb4 ,grants to improve educator preparation and support educator residencies 7a7 ,program authorized ,from amounts made available under subsection 7g71 the ,secretary is authorized to award grants1 on a competitive basis1 to eligible partnerships1 to carry out the activities described in this section4 7b7 ,application ,an eligible partnership that desires to receive a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and accompanied by such information as the ,secretary may require1 including at a minimum-- 7#a7 a needs assessment of the partners in the eligible partnership with respect to the preparation1 ongoing training1 professional development1 and retention of general education and special education teachers1 teachers of ,english as a second language1 school leaders1 and1 as applicable1 early childhood educators and career and technical education teachers1 including-- 7,a7 an assessment of the hiring needs of the high-need schools served by the high-need local educational agency in the eligible partnership2 and 7,b7 a projection of vacancies for teachers in a high-need subject or field1 and the number of teachers needed in each such high-need subject or field or school leaders in high-need schools2 7#b7 an assurance that the eligible partnership will target grant funds provided under this section to recruit1 prepare1 and support highly effective educators to serve in high-need local educational agencies and high-need schools1 consistent with the needs assessment conducted under paragraph 7#a72 7#c7 an assurance that the eligible partnership will include meaningful collaboration1 as described in subsection 7c77#b77;,a71 between an educator preparation program and a high-need local educational agency1 in order to ensure educator preparation programs are preparing educators with the teaching skills or leadership skills necessary to meet the needs of the high-need local educational agency2 7#d7 an assurance that the educator preparation program will administer satisfaction surveys to employers and recent program graduates on an annual basis1 in order to ascertain employer satisfaction with recent program graduates' performance2 7#e7 a coherent strategy for using grant funds provided under this section with other ,federal1 ,state1 and local funds to-- 7,a7 increase student achievement in high-need schools by improving the quality of preparation for new and prospective educators1 and by enhancing professional development activities for new educators2 and 7,b7 meet the needs of high-need local educational agencies and high-need schools by establishing meaningful partnerships with educator residency programs2 7#f7 a description of how the eligible partnership will sustain the activities proposed in the application after the grant period ends2 7#g7 a description of how the eligible partnership will prepare all educators to-- 7,a7 understand and use scientifically valid research1 as well as data on their students' educational progress to modify and improve the implementation or supervision of classroom instruction2 7,b7 meet the needs of students with disabilities1 including training related to participation as a member of individualized education program teams1 as defined in section #fad7;d77#a77;,b7 of the ,individuals with ,disabilities ,education ,act to ensure individualized education plans created promote student success2 and 7,c7 meet the needs of ,english learners2 7#h7 a description of-- 7,a7 how the eligible partnership will coordinate strategies and activities assisted under the grant with other educator preparation programs or professional development programs1 including programs funded under the ,elementary and ,secondary ,education ,act of #aife and the ,individuals with ,disabilities ,education ,act1 and through the ,national ,science ,foundation2 and 7,b7 how the activities of the eligible partnership will be consistent with ,state1 local1 and other education reform activities that promote teacher and school leader effectiveness and student academic achievement2 7#i7 a description of how the eligible partnership will align the educator residency program carried out with grant funds with the-- 7,a7 ,state early learning standards for early childhood education programs1 as appropriate1 and with the relevant domains of early childhood development1 such as social and emotional development2 7,b7 challenging academic content standards and challenging student academic achievement standards under section #aaaa7;b77#a7 of the ,elementary and ,secondary ,education ,act of #aife1 established by the ,state in which the partnership is located2 and 7,c7 hiring objectives of the high-need local educational agency in the partnership2 7#aj7 a description of how faculty at the partner institution will work1 during the term of the grant1 with highly effective educators in high-need schools served by the high-need local educational agency in the eligible partnership to-- 7,a7 provide high-quality professional development activities1 including in-service professional development1 to strengthen the content knowledge and teaching skills or leadership skills of elementary school and secondary school teachers or school leaders2 7,b7 for teachers1 train classroom teachers to implement literacy programs that incorporate the essential components of literacy instruction2 and 7,c7 as appropriate1 provide training for educators to teach technical skills to industry standards in a classroom setting2 7#aa7 a description of the partnership's evaluation plan under section #bjd7;a71 including how the partnership will collect1 analyze1 use1 and report data annually on the retention and performance of recent program graduates as well as how the eligible partnership will conduct and publicly report the evaluation required under section #bjd7;a72 and 7#ab7 a description of how the eligible partnership will design and implement an induction program to support all new educators who are prepared by the educator preparation program in the partnership and who serve in the high-need local educational agency in the partnership1 and1 to the extent practicable1 all new educators who serve in such high-need local educational agency1 and how such an induction program will comply with the requirements under section #bjj7af7 and be integrated with other ongoing efforts to support new educators by the high-need local educational agency4 7c7 ,educator residency programs 7#a7 ,in general ,an eligible partnership that receives a grant under this section shall use the grant funds to design and implement an effective educator residency program that is grounded in scientifically valid research to prepare educators for success in the high-need schools served by the high-need local educational agency4 7#b7 ,content of program ,an educator residency program implemented under paragraph 7#a7 shall include the following3 7,a7 ,meaningful collaboration ,establish meaningful collaboration between the partner institution and the high-need local educational agency to ensure the partner institution is preparing teachers with the teaching skills or school leaders with the leadership skills necessary to meet the specific needs of the high-need local educational agency by requiring the partner institution to-- 7i7 engage in regular consultation with the high-need local educational agency throughout the development and implementation of programs and activities carried out under this section and provide evidence that such programs and activities are aligned with the needs of the high-need schools served by such high-need local educational agency2 7ii7 incorporate ongoing feedback and regular communication from the high-need local educational agency and the high-need schools served by such high-need local educational agency1 in-- 7,i7 the development of recruitment and admissions goals and priorities2 7,,ii7 the design of the educator residency program's curriculum1 coursework content1 clinical training1 induction programs1 and other professional development activities1 including opportunities to collaborate with specialized instructional support personnel2 7,,iii7 continuing efforts to modify and improve the activities and programs carried out by the partner institution2 and 7,,iv7 meeting the needs of the high-need schools in which recent program graduates are employed and by monitoring the performance of such graduates2 and 7iii7 administer satisfaction surveys and utilize the feedback from such surveys to drive program improvement4 7,b7 ,induction programs for new educators ,implement an induction program1 as described in section #bjj7af7 for new educators or1 in the case of an early childhood education program1 providing mentoring or coaching for new early childhood educators4 ,such induction program shall be integrated with other ongoing efforts to support new educators by the high-need local educational agency4 7,c7 ,educator recruitment ,develop and implement effective mechanisms 7which may include alternative routes to ,state certification of teachers or school leaders7 to ensure that the eligible partnership is able to recruit well qualified individuals with a record of academic1 volunteer1 or leadership distinction to become effective educators1 which shall include-- 7i7 the development of recruitment and admissions goals and priorities aligned with the hiring objectives identified under subsection 7a77#a72 and 7ii7 an emphasis on recruiting-- 7,i7 individuals from under represented populations2 7,,ii7 individuals to-- 7aa7 become teachers in high-need subject or fields and to teach in schools in rural areas2 or 7bb7 become school leaders in schools in rural areas or high-need local educational agencies2 7,,iii7 mid-career professionals from other occupations1 former military personnel1 and recent college graduates2 and 7,,iv7 for school leaders1 individuals with teaching experience and demonstrated leadership competencies4 7,d7 ,support and training for participants in early childhood education programs ,in the case of an eligible partnership focusing on early childhood educator preparation1 implement initiatives that increase compensation for early childhood educators who attain associate or baccalaureate degrees in early childhood education4 7,e7 ,recent program graduate performance ,increase capacity and collect and analyze data on the performance of recent program graduates of educator residency programs1 including data on-- 7i7 results from statewide teacher or school leader evaluation systems2 7ii7 recent program graduate retention rates in full-time positions2 7iii7 satisfaction survey outcomes2 and 7iv7 to the extent practicable1 surveys of parents on how well the teacher or school leader engages parents in student learning activities4 7,f7 ,comprehensive literacy instruction ,strengthen comprehensive literacy instruction1 that-- 7i7 incorporates effective literacy instruction2 and 7ii7 is designed to support-- 7,i7 developmentally appropriate1 contextually explicit1 systematic instruction1 and frequent practice1 in reading across content areas2 and 7,,ii7 developmentally appropriate and contextually explicit instruction1 and frequent practice1 in writing across content areas4 7#c7 ,teacher residency programs ,in addition to the requirements under paragraph 7#b71 an eligible partnership receiving a grant under this section to design and implement an effective teacher residency program1 shall include the following requirements3 7,a7 ,reforms ,implementing reforms1 including-- 7i7 curriculum changes that are aligned with the needs of the high-need local educational agency in the eligible partnership1 in order to improve1 evaluate1 and assess how well all prospective and new teachers develop teaching skills2 7ii7 using empirically-based practice and scientifically valid research1 where applicable1 about teaching and learning so that all prospective teachers and1 as applicable1 early childhood educators-- 7,i7 are prepared to be highly effective teachers and1 as applicable1 highly competent early childhood educators2 7,,ii7 understand and can implement research-based teaching practices in classroom instruction2 7,,iii7 possess strong teaching skills and an understanding of effective instructional strategies across all applicable content areas that enable all teachers to-- 7aa7 meet the specific learning needs of all students1 including students with disabilities1 ,english learners1 students who are gifted and talented1 students with low literacy levels and1 as applicable1 children in early childhood education programs2 7bb7 differentiate instruction for such students2 7cc7 have knowledge of student learning styles2 7dd7 analyze the results of student learning and other data to improve instruction2 7ee7 effectively participate as a member of the individualized education program team1 as defined in section #fad7;d77#a77;,b7 of the ,individuals with ,disabilities ,education ,act in order to ensure individualized education plans promote student success2 7ff7 if applicable1 successfully employ effective strategies for comprehensive literacy instruction2 and 7gg7 employ techniques to improve children's cognitive1 social1 emotional1 and physical development2 7,,iv7 if applicable1 receive training on effective teaching in rural or diverse communities and on teaching students with disabilities and ,english learners2 and 7,v7 can effectively teach students with disabilities2 and 7iii7 administering satisfaction surveys to employers of recent program graduates and to recent program graduates4 7,b7 ,clinical training ,implementing at least #a academic year of preservice high-quality clinical training in high-need schools that includes the following criteria3 7i7 ,integration of pedagogy1 robust classroom practice1 and mentoring to promote effective teaching skills4 7ii7 ,engagement of teacher residents in rigorous coursework1 which shall be aligned to the needs of the high-need local educational agency in the eligible partnership4 7iii7 ,establishment of clear criteria for the selection and assignment of mentor teachers4 7iv7 ,placement of teacher residents in cohorts that facilitate professional collaboration1 both among teacher residents and between such teacher residents and mentors in the receiving school4 7v7 ,support for teacher residents1 once the teacher residents are hired as teachers of record1 through an induction program1 high-quality professional development1 and regular opportunities to support the residents in their development of teaching skills during not less than the residents' first #b years of teaching4 7,c7 ,selection of individuals as teacher residents 7i7 ,eligible individual ,in order to be eligible to be a teacher resident in a teacher residency program under this paragraph1 an individual shall-- 7,i7 be-- 7aa7 a graduate of a #d-year institution of higher education2 or 7bb7 in the third or fourth year of undergraduate baccalaureate education being pursued by the teacher candidate2 and 7,,ii7 submit an application to the teacher residency program4 7ii7 ,selection criteria ,an eligible partnership carrying out a teacher residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the teacher residency program1 aligned to the hiring needs and objectives of the high-need local educational agency in the eligible partnership1 and based on1 at a minimum1 the following applicant characteristics3 7,i7 ,strong content knowledge or record of accomplishment in the field or subject area to be taught4 7,,ii7 ,strong verbal and written communication skills4 7,,iii7 ,other attributes linked to effective teaching1 which may be determined by interviews or performance assessments1 as specified by the eligible partnership4 7,,iv7 ,demonstrated commitment1 which could be evidenced by past work experience1 to serving in high-need local educational agencies4 7,v7 ,demonstrated leadership in past education or work experiences4 7#d7 ,school leader residency programs ,in addition to the requirements under paragraph 7#b71 an eligible partnership receiving a grant under this section to design and implement an effective school leader residency program1 shall include the following requirements3 7,a7 ,reforms ,implementing reforms1 including the following3 7i7 ,preparing prospective school leaders for careers as principals1 assistant principals1 early childhood education program directors1 or other school leaders 7including individuals preparing to work in high-need local educational agencies located in rural areas who may perform multiple duties in addition to the role of a school leader74 7ii7 ,promoting strong leadership skills and1 as applicable1 techniques for school leaders to effectively-- 7,i7 develop a shared vision for high achievement and college- and career-readiness for all students2 7,,ii7 support teachers in implementing rigorous curricula and assessments tied to ,state challenging academic content standards and challenging student academic achievement standards adopted pursuant to section #aaaa7;b7 of the ,elementary and ,secondary ,education ,act of #aife2 7,,iii7 create and maintain a data-driven1 professional learning community within the school leader's school and understand the teaching skills needed to support successful classroom instruction and to use data to evaluate teacher instruction and drive teacher and student learning2 7,,iv7 recruit1 hire1 assign1 and retain effective teachers and complete high-quality evaluations of instructional staff for continuous improvement2 7,v7 provide a climate conducive to the professional development of teachers1 with a focus on improving student academic achievement and the development of effective instructional leadership skills2 7,,vi7 manage resources and school time to improve student academic achievement1 and to ensure the school environment is safe2 7,,vii7 engage and involve families1 community members1 the local educational agency1 businesses1 and other community leaders1 to respond to the diverse interests and needs and leverage additional resources to improve student academic achievement2 7,,viii7 understand how students learn and develop in order to increase academic achievement for all students1 including students with disabilities and ,english learners2 and 7,,ix7 understand the varied roles and responsibilities of general and special educators and teachers of ,english as a second language to support meaningful observation1 feedback1 and evaluations4 7,b7 ,clinical training ,implementing at least #a academic year of high-quality clinical training in high-need schools that includes the following criteria3 7i7 ,integration of coursework1 robust school-based practice1 and mentoring1 to promote effective leadership skills4 7ii7 ,engagement of school leader residents in rigorous coursework1 which shall be aligned to the needs of the high-need local educational agency in the eligible partnership4 7iii7 ,establishment of clear criteria for the selection and assignment of mentor school leaders4 7iv7 ,placement of school leader residents in cohorts that facilitate professional collaboration1 both among school leader residents and between such school leader residents and mentors in the receiving school4 7v7 ,support for school leader residents once such school leader residents are hired as school leaders1 through an induction program1 high-quality professional development1 and regular opportunities1 to support residents in their development of leadership skills during not less than the residents' first #b years of serving as a school leader4 7,c7 ,selection of individuals as school leader residents 7i7 ,eligible individual ,in order to be eligible to be a school leader resident in a school leader residency program under this paragraph1 an individual shall-- 7,i7 be a graduate of a #d-year institution of higher education2 7,,ii7 have prior prekindergarten through grade #ab teaching experience2 7,,iii7 have experience as an effective leader1 manager1 and communicator2 and 7,,iv7 submit an application to the residency program4 7ii7 ,selection criteria ,an eligible partnership carrying out a school leader residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the school leader residency program1 aligned to the hiring needs and objectives of the high-need local educational agency in the eligible partnership1 and based on1 at a minimum1 the following applicant characteristics3 7,i7 ,demonstrated leadership skills in an elementary school or secondary school setting4 7,,ii7 ,strong record of accomplishment in prior prekindergarten through grade #ab teaching experience4 7,,iii7 ,strong verbal and written communication skills4 7,,iv7 ,other attributes linked to effective leadership4 7,v7 ,demonstrated commitment1 which may be evidenced by past work experience1 to serving in high-need local educational agencies4 7#e7 ,stipends or salaries2 applications2 agreements2 repayments 7,a7 ,stipends or salaries ,a teacher residency program or school leader residency program funded under this subsection shall provide a #a-year living stipend or salary to each teacher or school leader resident during the residency program4 7,b7 ,applications for stipends or salaries ,each teacher or school leader residency candidate desiring a stipend or salary during the period of residency shall submit an application to the eligible partnership at such time1 and containing such information and assurances1 as the eligible partnership may require4 7,c7 ,agreements to serve ,each application submitted under subparagraph 7,b7 shall contain or be accompanied by an agreement that the applicant will-- 7i7 serve as a full-time teacher or school leader for a total of not less than #c academic years immediately after successfully completing the teacher residency program or school leader residency program2 7ii7 fulfill the requirement under subclause 7i7-- 7,i7 by serving as a teacher in a high-need subject or field in a high-need school served by the high-need local educational agency in the eligible partnership or serving as a school leader in such a school2 or 7,,ii7 if there is no appropriate position available in a high-need school served by the high-need local educational agency in the eligible partnership1 by serving as a teacher in a high-need subject or field in a high-need school in another high-need local educational agency or serving as a school leader in such a school2 7iii7 provide to the eligible partnership a certificate1 from the chief administrative officer of the local educational agency in which the resident is employed1 of the employment required in clauses 7i7 and 7ii7 at the beginning of1 and upon completion of1 each year or partial year of service2 7iv7 for teachers1 meet the requirements to be a highly qualified teacher1 as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife1 or section #fjb of the ,individuals with ,disabilities ,education ,act1 when the applicant begins to fulfill the service obligation under this subparagraph2 and 7v7 comply with the requirements set by the eligible partnership under subparagraph 7,d7 if the applicant is unable or unwilling to complete the service obligation required under this subparagraph4 7,d7 ,repayments 7i7 ,in general ,an eligible partnership receiving a grant under this section to design and implement an effective educator residency program shall require a recipient of a stipend or salary under subparagraph 7,a7 who does not complete1 or who notifies the eligible partnership that the recipient intends not to complete1 the service obligation required under subparagraph 7,c7 to repay such stipend or salary to the eligible partnership1 together with interest1 at a rate specified by the eligible partnership in the agreement1 and in accordance with such other terms and conditions specified by the eligible partnership1 as necessary4 7ii7 ,other terms and conditions ,any other terms and conditions specified by the eligible partnership may include reasonable provisions for pro-rata repayment of the stipend or salary described in subparagraph 7,a7 or for deferral of a teacher or school leader resident's service obligation required by subparagraph 7,c7 on grounds of health1 incapacitation1 inability to secure employment in a school served by the eligible partnership1 being called to active duty in the ,armed ,forces of the ,united ,states1 or other extraordinary circumstances4 7iii7 ,use of repayments ,an eligible partnership shall use any repayment received under this subparagraph to carry out additional activities that are consistent with the purposes of this subsection4 7d7 ,consultation 7#a7 ,in general ,in addition to the requirements identified in subsection 7b77#b77;,a71 members of an eligible partnership that receives a grant under this section shall engage in regular consultation throughout the development and implementation of programs and activities carried out under this section4 7#b7 ,regular communication ,to ensure timely and meaningful consultation as described in paragraph 7#a71 regular communication shall occur among all members of the eligible partnership1 including the high-need local educational agency4 ,such communication shall continue throughout the implementation of the grant and the assessment of programs and activities under this section4 7#c7 ,written consent ,the ,secretary may approve changes in grant activities of a grant under this section only if the eligible partnership submits to the ,secretary a written consent to such changes signed by all members of the eligible partnership4 7e7 ,construction ,nothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of eligible partnerships in other ,states or on a regional basis through ,governors1 ,state boards of education1 ,state educational agencies1 ,state agencies responsible for early childhood education1 local educational agencies1 or ,state agencies for higher education4 7f7 ,supplement1 not supplant ,funds made available under this section shall be used to supplement1 and not supplant1 other ,federal1 ,state1 and local funds that would otherwise be expended to carry out activities under this section4 7g7 ,authorization of ,appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year #bjae and each of the #e succeeding fiscal years4 #bjc4 ,administrative provisions of educator residency grants 7a7 ,duration2 number of awards2 payments 7#a7 ,duration 7,a7 ,in general ,a grant awarded under this part shall be not more than #e years in duration4 7,b7 ,requirements for additional funding ,before receiving funding for the third or any subsequent year of a grant under this part1 the eligible partnership receiving the grant shall demonstrate to the ,secretary that the eligible partnership is-- 7i7 making progress in implementing the requirements under section #bjb7;c7 at a rate that the ,secretary determines will result in full implementation of the program during the remainder of the grant period2 and 7ii7 making progress1 as measured by the performance objectives established by the eligible partnership under section #bjd7;a71 at a rate that the ,secretary determines will result in reaching the targets and achieving the objectives of the grant1 during the remainder of the grant period4 7#b7 ,number of awards ,an eligible partnership may not receive more than #a grant during a #e-year period4 ,nothing in this part shall be construed to prohibit an individual member1 that can demonstrate need1 of an eligible partnership that receives a grant under this part from entering into another eligible partnership consisting of new members and receiving a grant with such other eligible partnership before the #e-year period applicable to the eligible partnership with which the individual member has first partnered has expired4 7b7 ,peer review 7#a7 ,panel ,the ,secretary shall provide the applications submitted under this part to a peer review panel for evaluation4 ,with respect to each application1 the peer review panel shall initially recommend the application for funding or for disapproval4 7#b7 ,priority ,the ,secretary1 in funding applications under this part1 shall give priority-- 7,a7 to eligible partnerships that include a high-need local educational agency that serves a student population that consists of #dj percent or more students from low-income families2 7,b7 to eligible partnerships that include an institution of higher education whose educator preparation program has a rigorous selection process to ensure the highest quality of students entering such program2 7,c7 to applications from broad-based eligible partnerships that involve businesses and nonprofit community organizations2 or 7,d7 to eligible partnerships so that the awards promote an equitable geographic distribution of grants among rural and urban areas4 7#c7 ,secretarial selection ,the ,secretary shall determine1 based on the peer review process1 which applications shall receive funding and the amounts of the grants under this part4 ,in determining grant amounts1 the ,secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out by the eligible partnership4 7c7 ,matching requirements 7#a7 ,in general ,each eligible partnership receiving a grant under this part shall provide1 from non-,federal sources1 an amount equal to #ajj percent of the amount of the grant1 which may be provided in cash or in-kind1 to carry out the activities supported by the grant4 7#b7 ,waiver ,the ,secretary may waive all or part of the matching requirement described in paragraph 7#a7 for any fiscal year for an eligible partnership if the ,secretary determines that applying the matching requirement to the eligible partnership would result in serious hardship or an inability to carry out the authorized activities described in this part4 7d7 ,limitation on administrative expenses ,an eligible partnership that receives a grant under this part may use not more than #d percent of the funds provided to administer the grant4 #bjd4 ,performance measures and evaluation of educator residency grants 7a7 ,eligible partnership evaluation ,each eligible partnership submitting an application for a grant under this part shall establish1 and include in such application1 a plan for evaluating the grant project using scientifically valid research that includes strong and measurable performance objectives4 ,the plan shall include1 at a minimum1 objectives and measures for determining the eligible partnership's success in increasing-- 7#a7 each teacher candidate or school leader candidate's performance during their clinical training under paragraphs 7#c77;,b7 and 7#d77;,b7 of section #bjb7;c72 7#b7 educator retention in high-need schools-- 7,a7 #c years after initial placement as a teacher or school leader2 and 7,b7 #e years after initial placement as a teacher or school leader2 7#c7 the pass rates and scaled scores for first time test takers on the ,state certification or licensing examination2 7#d7 educator effectiveness1 as measured by-- 7,a7 performance on teacher or school leader evaluations1 including impact on student growth2 and 7,b7 satisfaction survey outcomes2 and 7#e7 the percentage of-- 7,a7 recent program graduates hired by the high-need local educational agency who are rated effective under a ,state or district evaluation system #b years after program completion2 7,b7 recent program graduates hired by the high-need local educational agency who are rated effective under a ,state or district evaluation system #b years after program completion and are members of underrepresented groups2 7,c7 recent program graduates hired by the high-need local educational agency who are rated effective under a ,state or district evaluation system #b years after program completion and who teach in high-need subject areas or fields2 7,d7 recent program graduates hired by the high-need local educational agency who are rated effective under a ,state or district evaluation system #b years after program completion and who serve in high-need schools or schools in rural areas1 disaggregated by the elementary school and secondary school levels2 and 7,e7 early childhood education program classes in the geographic area served by the eligible partnership taught by early childhood educators who are highly competent1 as applicable4 7b7 ,annual report ,each eligible partnership that receives a grant under this part shall submit to the ,secretary and make publicly available1 at such time and in such manner as the ,secretary may require1 an annual report including at a minimum-- 7#a7 data on the eligible partnership's progress on the measures described in subsection 7a72 and 7#b7 a description of the challenges the eligible partnership has faced in implementing its grant and how the eligible partnership has addressed or plans to address such challenges4 7c7 ,information ,an eligible partnership receiving a grant under this part shall ensure that candidates for admission to educator preparation programs1 teachers1 school leaders1 school superintendents1 faculty1 and leadership at institutions of higher education located in the geographic areas served by the eligible partnership are provided information1 including through electronic means1 about the activities carried out with funds under this part4 7d7 ,revised application ,if the ,secretary determines that an eligible partnership receiving a grant under this part is not making substantial progress in meeting the purposes1 goals1 objectives1 and measures of the grant1 as appropriate1 by the end of the third year of a grant under this part1 then the ,secretary-- 7#a7 shall cancel the grant2 and 7#b7 may use any funds returned or available because of such cancellation under paragraph 7#a7 to-- 7,a7 increase other grant awards under this part2 or 7,b7 award new grants to other eligible partnerships under this part4 7e7 ,technical assistance1 evaluation1 and dissemination ,the ,secretary shall reserve not more than #b percent of the funds appropriated under section #bjb7;g7 for a fiscal year-- 7#a7 to provide1 directly or through grants1 contracts1 or cooperative agreements1 technical assistance by qualified experts on using practices grounded in scientifically valid research to improve the outcomes of projects funded under this part2 7#b7 acting through the ,director of the ,institute for ,education ,sciences1 to-- 7,a7 develop performance measures1 including the measures described in subsection 7a7 and evaluate the activities funded under section #bjb by these performance measures by applying the same measures to each project funded under section #bjb2 7,b7 report the findings of the evaluation to the authorizing committees and make publicly available on the website of the ,department2 and 7,c7 identify best practices and disseminate research on best practices that scientifically valid research indicates are the most successful in improving the quality of educator preparation programs1 including through regional educational laboratories and comprehensive centers 7as authorized under the ,education ,sciences ,reform ,act of #bjjb74 7f7 ,evaluation ,to be made publicly available ,each eligible partnership receiving a grant under this part shall complete and make publicly available1 not later than #ij days after the grant period for such eligible partnership ends1 an evaluation based on the evaluation plan described under subsection 7a74 7g7 ,development of performance measures ,the ,secretary shall develop performance measures described in subsection 7e7 prior to awarding grants under this part4 ,the ,secretary shall ensure that such measures are made available to potential applicants prior to seeking applications for grants under this part4 ,b ,state innovation in educator preparation #bjf4 ,educator preparation program reform grants 7a7 ,definitions ,in this section3 7#a7 ,educator ,preparation ,program ,accountability and ,improvement ,system ,the term ,educator ,preparation ,program ,accountability and ,improvement ,system means a system that assesses all educator preparation programs within a ,state1 establishes performance levels for educator preparation programs1 and informs the interventions for low-performing educator preparation programs4 ,the minimum requirements for such a system shall include-- 7,a7 defining at least #d performance levels that differentiate the performance of educator preparation programs based on data required in subparagraph 7,d72 7,b7 administering satisfaction surveys to employers of recent program graduates2 7,c7 administering satisfaction surveys to recent program graduates2 7,d7 assessing all such educator preparation programs on multiple measures that1 at a minimum1 shall include-- 7i7 for teacher preparation programs-- 7,i7 a statewide measure of teacher impact on student learning for recent program graduates who are employed as full-time teachers as demonstrated through either-- 7aa7 the percentage of recent program graduates in each evaluation rating category for ,states that have statewide teacher evaluation systems if such evaluation systems contain the impact on student achievement1 multiple measures1 and more than #b rating categories2 or 7bb7 for ,states that do not have a statewide teacher evaluation system meeting the requirements in item 7aa71 the percentage of recent program graduates who demonstrate evidence of improved student growth that is limited to evidence-based or externally-validated measures2 7,,ii7 the number and percentage of recent program graduates employed as full time teachers who are identified as well-prepared by their employers in the surveys described in subparagraph 7,b72 7,,iii7 the number and percentage of recent graduates employed as full-time teachers who identify themselves as being well-prepared in surveys described in subparagraph 7,c72 7,,iv7 the number and percentage of teachers who graduated from teacher preparation programs and who are still teaching in full-time positions #c years and #e years after initial placement as a teacher2 and 7,v7 the number and percentage of teachers who graduated from the educator preparation program in the most recent academic year who are teaching in full-time positions2 7ii7 for school leader preparation programs-- 7,i7 a statewide measure of school leader impact on student learning for recent program graduates who are employed as full-time school leaders as demonstrated through either-- 7aa7 the percentage of recent program graduates in each evaluation rating category for ,states that have statewide school leader evaluation systems that include the impact on student achievement1 multiple measures1 and more than #b rating categories2 or 7bb7 for ,states that do not have school leader evaluation systems that meet the requirements of item 7aa71 the percentage of recent program graduates who demonstrate evidence of improved student achievement and growth that is limited to evidence-based or externally-validated measures2 7,,ii7 evidence of training school leaders to provide strong instructional leadership and support to teachers and other staff2 7,,iii7 the number and percentage of recent program graduates employed as full time school leaders who are identified as well-prepared in the surveys described in subparagraph 7,b72 7,,iv7 the number and percentage of recent program graduates employed as school leaders who1 based on surveys described in subparagraph 7,c71 described themselves as prepared to be effective school leaders2 7,v7 the number and percentage of school leaders who graduated from the educator preparation program in the most recent academic year who are employed as school leaders2 and 7,,vi7 the number and percentage of school leaders who graduated from programs and are still serving in a school leadership role #c years and #e years after initial placement as a school leader2 7iii7 for all educator preparation programs-- 7,i7 evidence of meaningful collaboration with high-need local educational agencies to ensure the educator preparation programs are preparing educators to meet the workforce needs of high-need local educational agencies and to ensure that high-need local educational agencies have a role in the design of the teacher or school leader candidate education offered at educator preparation programs2 and 7,,ii7 the number and percentage of graduates who are working as full-time teachers or school leaders in high-need schools after #c years2 7,e7 using the same metrics and weights to determine the performance level of all educator preparation programs in the ,state2 7,f7 public reporting of performance levels on a program by program basis based on the measures described in subparagraph 7,d72 7,g7 distribution of educator preparation program performance information to all local educational agencies and school boards in the ,state2 7,h7 interventions for programs identified as low performing pursuant to subparagraph 7,a71 including-- 7i7 for programs identified as low performing for #a year1 requiring such programs to conduct a needs assessment and develop and implement an improvement plan based on that needs assessment2 7ii7 for programs identified as low performing for #c consecutive years1 requiring such programs to lose eligibility for ,,teach grants under subpart #i of part ,a of title ,,iv and continue to implement an improvement plan2 and 7iii7 for programs identified as low performing for #d consecutive years1 requiring the ,state to terminate the ability of such program to operate2 and 7,i7 for programs identified in the lowest performing level for #a or more years under subparagraph 7,a71 an automatic designation as a low performing program under section #bab4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 or 7,b7 a consortium of ,states4 7b7 ,program authorized 7#a7 ,educator preparation program reform grants ,the ,secretary shall award grants to eligible entities to enable such entities to reform and improve educator preparation programs4 7#b7 ,duration 7,a7 ,in general ,a grant awarded under this section shall be not more than #e years in duration4 7,b7 ,number of grants ,a ,state shall not receive1 directly or as part of a consortium1 more than #a grant under this section for any grant period4 7,c7 ,requirements for additional funding ,before receiving funding for the third or any subsequent year of the grant1 the eligible entity receiving the grant shall demonstrate to the ,secretary that the eligible entity is-- 7i7 making progress in implementing the plan under subsection 7c77#a77;,a7 at a rate that the ,secretary determines will result in full implementation of the plan during the remainder of the grant period2 and 7ii7 making progress1 as measured by the performance measures established by the ,secretary under subsection 7h71 at a rate that the ,secretary determines will result in reaching the measures and achieving the objectives of the grant1 during the remainder of the grant period4 7,d7 ,substantial progress 7i7 ,in general ,if the ,secretary determines that an eligible entity receiving a grant under this section is not making substantial progress in meeting the objectives of the grant1 as appropriate1 by the end of the third year of the grant under this section1 then the ,secretary may1 after notice and an opportunity for a hearing in accordance with chapter #e of title #e1 ,united ,states ,code-- 7,i7 withhold funds provided under the grant under this section for failure to comply substantially with the requirements of this section2 or 7,,ii7 take actions to recover funds provided under the grant if the entity uses grant funds for an unallowable expense1 or otherwise fails to discharge its responsibility to properly account for grant funds4 7ii7 ,use of recovered or unused funds ,any funds recovered or withheld under clause 7i7 shall-- 7,i7 be credited to the appropriations account from which amounts are available to make grants under this section2 and 7,,ii7 remain available until expended for any purpose of such account authorized by law that relates to the program under this section4 7,e7 ,reservation of funds ,from amounts made available to carry out this section for a fiscal year1 the ,secretary may reserve not more than #e percent to carry out activities related to technical assistance1 outreach and dissemination1 and evaluation4 7c7 ,application and selection criteria 7#a7 ,application ,an eligible entity that desires to receive a grant under this section shall submit to the ,secretary an application at such time1 in such manner1 and accompanied by such information as the ,secretary may require4 ,at a minimum1 each such application shall include-- 7,a7 a plan to implement the required activities in subsection 7e77#a7 statewide1 including a description of its plan to support educator preparation programs to make the necessary reforms and improvements required under this section2 7,b7 an assurance that the eligible entity will use the ,educator ,preparation ,program ,accountability and ,improvement ,system to reward high-performing educator preparation programs and identify and improve low-performing educator preparation programs and the specific criteria the eligible entity will use to identify low-performing and high-performing educator preparation programs2 7,c7 evidence of the steps the ,state has taken and will take to eliminate statutory1 regulatory1 procedural1 or other barriers to facilitate the full implementation of the ,state plans under subparagraph 7,a72 7,d7 a comprehensive and coherent plan for using funds under this section1 and other ,federal1 ,state1 and local funds to develop statewide reforms and improvements to educator preparation programs2 7,e7 evidence of collaboration between the eligible entity1 ,state standards boards for teacher or school leader certification1 local educational agencies1 educator preparation programs1 teachers1 school leaders1 and other key stakeholders within the ,state in developing the plan under subparagraph 7,a71 including the design of the ,education ,preparation ,program ,accountability and ,improvement ,system2 7,f7 a commitment to participate in the reporting provisions under subsection 7f7 and the evaluation of the activities carried out under this section1 as described in subsection 7h72 and 7,g7 a description of the eligible entity's plan to regularly review the success of activities undertaken as part of the grant and continuously improve such activities4 7#b7 ,selection criteria ,in awarding grants under this section1 the ,secretary shall consider-- 7,a7 the extent to which the eligible entity has the capacity to implement the activities described in subsection 7e72 7,b7 the extent to which the eligible entity has a demonstrated record of effectiveness or an evidence-based plan for reforming educator preparation programs2 and 7,c7 the likelihood of the eligible entity sustaining the reforms and improvements required under the grant1 once the grant has ended and the eligible entity's plan for sustaining the reforms and improvements after the grant has ended4 7d7 ,awarding grants ,in awarding grants under this section1 the ,secretary shall give priority to an eligible entity with-- 7#a7 data systems in place to link the results of teacher or school leader evaluation systems for recent program graduates back to the educator preparation programs from which they graduated2 7#b7 statewide teacher or school leader evaluation systems based on multiple measures1 that include student growth2 and 7#c7 strong partnerships between educator preparation programs and high-need local educational agencies4 7e7 ,activities 7#a7 ,required uses of funds for all grantees ,each eligible entity that receives a grant under this section shall use the grant funds to do the following3 7,a7 ,incorporate into the ,state's educator preparation program approval process a requirement that educator preparation entities-- 7i7 successfully recruit top talent and hold a high bar for admission to educator preparation programs2 7ii7 present evidence demonstrating selective admission2 7iii7 provide participants with clinical training1 including prioritizing clinical training in high-need schools2 7iv7 for entities that prepare teachers1 prepare all teachers to effectively teach students with disabilities and ,english learners1 and for entities that prepare school leaders1 prepare all school leaders to lead schools that effectively address the academic needs of students with disabilities and ,english learners2 7v7 for entities that prepare teachers1 ensure that all teacher candidates demonstrate subject matter mastery and mastery of effective classroom management1 and for entities that prepare school leaders1 ensure that all school leader candidates demonstrate mastery of school management techniques1 including strategies for creating a positive learning environment that conveys high expectations for all students and equitably implementing school discipline policies2 7vi7 ensure that all teachers and school leaders develop teaching skills and school leadership skills1 respectively2 and 7vii7 are aligned with research-based professional teaching or leadership standards4 7,b7 ,design and implement an ,educator ,preparation ,program ,accountability and ,improvement ,system and require all educator preparation programs to be included in such system4 7,c7 ,require all educator preparation programs to regularly communicate with the in-,state local educational agencies they predominantly serve to ascertain the agencies' educator workforce needs and whether the educator preparation programs are meeting the workforce needs and whether recent program graduates have the skills needed to be effective4 7,d7 ,require all educator preparation programs to utilize satisfaction surveys of recent program graduates that are conducted by the ,states to improve educator preparation programs4 7,e7 ,require all educator preparation programs to utilize satisfaction surveys of employers that are conducted by the ,states to ascertain employer satisfaction with recent program graduates of educator preparation programs4 7,f7 ,ensure statewide data systems1 including the ,educator ,preparation ,program ,accountability and ,improvement ,system1 do not publicly report personally identifiable information of educators or elementary school or secondary school students1 comply with section #ddd of the ,general ,education ,provisions ,act 77#bj ,u4,s4,c4 #abcb;g71 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd71 and share with educator preparation programs the aggregate data on-- 7i7 the aggregate impact their recent program graduates have on student achievement as demonstrated through teacher or school leader evaluation results of their program graduates2 7ii7 retention of their program graduates1 including at-- 7,i7 #c years after initial placement as a teacher or school leader2 and 7,,ii7 #e years after initial placement as a teacher or school leader2 and 7iii7 the number and percentage of recent program graduates hired into full-time positions as teachers or school leaders within #a year of certification or licensure4 7,g7 ,report publicly on the aggregate performance of each educator preparation program operating in the ,state1 including aggregate data on the measures described in subparagraph 7,f71 and ensure that key stakeholders such as applicants to teacher preparation programs or school leader preparation programs1 school administrators1 and school board members1 receive these performance results4 7,h7 ,redesign certification and licensing exams to ensure that such exams are aligned with the ,state's challenging academic content standards and challenging student academic achievement standards required under section #aaaa7;b7 of the ,elementary and ,secondary ,education ,act of #aife1 educator performance assessments1 and educator evaluation systems4 7,i7 ,utilize data collected1 as described in subsection 7a77#a71 in program approval1 program re-approval1 program improvement1 and program closures processes4 7,j7 ,require all educator preparation programs within the ,state to offer a high-quality clinical training to educator candidates4 7#b7 ,required uses of funds for consortia grantees ,each eligible entity that receives a grant under this section and is a consortium of ,states shall use the grant funds to carry out the uses of funds under paragraph 7#a7 and each of the following3 7,a7 ,develop consistent program quality and accountability indicators across ,state lines4 7,b7 ,develop consistent measures for identifying educator preparation programs as low performing4 7,c7 ,develop systems for the sharing of the data required under the ,educator ,preparation ,program ,accountability and ,improvement ,system across ,state lines that complies with all relevant ,federal and ,state privacy laws1 including section #ddd of the ,general ,education ,provisions ,act 77#bj ,u4,s4,c4 #abcb;g71 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd74 7#c7 ,permissive uses of funds ,each eligible entity that receives a grant under this section may use the grant funds 7after meeting all the required uses of funds under paragraph 7#a7 and1 as applicable1 paragraph 7#b77 to do the following3 7,a7 ,incentivize educator preparation programs to pursue programmatic accreditation4 7,b7 ,improve diversity of teacher or school leader candidates in educator preparation programs4 7,c7 ,develop partnerships between high-need local educational agencies and educator preparation entities to provide high-quality induction programs and mentoring programs for new educators4 7,d7 ,provide subgrants for educator development4 ,in this subparagraph1 the term educator means specialized instructional support personnel1 or other staff member who provides or directly supports instruction1 such as a school librarian1 counselor1 or paraprofessional4 7,e7 ,include1 in the subgrants provided under subparagraph 7,d71 the following activities3 7i7 ,implementing curriculum changes that improve1 evaluate1 and assess how well educators develop instructional skills4 7ii7 ,preparing educators to use empirically based practice and scientifically valid research1 where applicable4 7iii7 ,providing pre-service clinical training4 7iv7 ,creating induction programs for new educators4 7v7 ,aligning recruitment and admissions goals and priorities with the hiring objectives with local educational agencies in the ,state1 including high-need local educational agencies4 7f7 ,reporting ,an eligible entity that receives a grant under this section shall submit to the ,secretary and make publicly available1 at such time and in such manner as the ,secretary may require1 an annual report1 including1 at a minimum-- 7#a7 data on the eligible entity's progress on the performance measures established by the ,secretary under subsection 7h72 7#b7 a description of the challenges the eligible entity has faced in implementing its plan under this section1 and how the eligible entity has addressed or plans to address such challenges2 and 7#c7 data on educator preparation programs in the ,state recruiting and selecting candidates who are members of groups underrepresented in the teaching profession4 7g7 ,supplement1 not supplant ,grant funds provided under this section shall be used to supplement1 and not supplant1 any other ,federal1 ,state1 or local funds otherwise available to carry out the activities described in this section4 7h7 ,research1 evaluation1 and dissemination ,the ,secretary1 acting through the ,director of the ,institute of ,education ,sciences1 shall-- 7#a7 develop performance measures to evaluate the effectiveness of the activities carried out under this grant program2 and 7#b7 identify best practices and disseminate research on best practices4 7i7 ,development of performance measures ,the ,secretary shall establish performance measures described under subsection 7h7 prior to awarding grants under this section4 ,the ,secretary shall ensure that such measure are made available to potential applicants prior to seeking applications for grants under this section4 7j7 ,teacher or school leader privacy ,no ,state or local educational agency shall be required to publicly report information in compliance with this section in a case in which the results would reveal personally identifiable information about an individual teacher or school leader4 7k7 ,construction ,nothing in this section shall be construed to alter or otherwise affect the rights1 remedies1 and procedures afforded school or school district employees under ,federal1 ,state or local laws 7including applicable regulators or court orders7 or under the terms of collective bargaining agreements1 memoranda of understanding1 or other agreements between such employees and their employers4 7l7 ,report to ,congress ,not later than #e years after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall submit a report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on ,education and the ,workforce of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives on lessons learned through programs funded with grants awarded under this section and shall make such report publicly available4 7m7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year #bjae and each of the #e succeeding fiscal years4 ,c ,educator preparation program reporting and improvement #baj4 ,information on educator preparation programs 7a7 ,institutional and program report cards on the quality of educator preparation 7#a7 ,report card ,each institution of higher education that conducts a traditional educator preparation program or alternative routes to ,state certification or licensure program and that enrolls students receiving ,federal assistance under this ,act and each educator preparation entity that is not based at an institution of higher education and that receives ,federal assistance shall report annually to the ,state and the general public1 in a uniform and comprehensible manner that conforms with the definitions and methods established by the ,secretary1 the following1 in the aggregate for each institution and entity and disaggregated by program within each institution and entity3 7,a7 ,goals and assurances ,for the most recent year for which the information is available for the institution or entity-- 7i7 whether the goals set under section #baa have been met2 and 7ii7 if the goals under section #baa have not been met1 a description of the steps the program is taking to improve its performance in meeting such goals4 7,b7 ,pass rates and scaled scores ,for the most recent year for which the information is available for those program participants who took the assessments used for teacher or school leader certification or licensure by the ,state in which the program is located and are enrolled in the traditional educator preparation program or alternative routes to ,state certification or licensure program1 for each of such assessments-- 7i7 the percentage of all program participants who have taken the assessment who have passed such assessment compared to the average passage rate percentage in the ,state on such assessment2 7ii7 the percentage of all program participants who have taken the assessment who passed such assessment on the first time taking the assessment compared to the first-time average passage rate in the ,state on such assessment2 7iii7 the percentage of program participants who have taken such assessment and enrolled in the traditional teacher or school leader preparation program or alternative routes to ,state certification or licensure program1 as applicable2 7iv7 the average scaled score for all program participants who have taken such assessment1 as compared to the passing score required by the ,state on such assessment2 7v7 the average scaled score for all program participants who have taken such assessment for the first time compared to the average scaled score for programs in the ,state2 and 7vi7 if applicable1 the percentage of all program participants who have taken and passed a teacher performance assessment compared to the average passage rate for all programs in the ,state on such assessment4 7,c7 ,candidate information ,for the most recent academic year for which data is available-- 7i7 the median cumulative grade point average of admitted program participants compared to the institution or entity as a whole2 7ii7 the median score on standardized entrance examinations of admitted program participants compared to the institution or entity as a whole1 as applicable2 7iii7 in the aggregate and disaggregated by race1 ethnicity1 gender1 and ,pell ,grant recipient status1 the number of program participants who-- 7,i7 enrolled in the program2 and 7,,ii7 completed or graduated from the program in #ajj percent of normal time and #aej percent of normal time2 and 7iv7 the total number of program participants who have been certified or licensed as teachers or school leaders1 disaggregated by race1 ethnicity1 gender1 ,pell ,grant recipient status1 subject and area of certification or licensure4 7,d7 ,program information ,for the most recent academic year for which data is available-- 7i7 the percentage of enrolled program participants who participated in a clinical training2 7ii7 the number of hours of clinical training required for program participants2 and 7iii7 the percentage of program participants graduating from or completing the program who obtained at minimum #ej percent of clinical training in high-need schools4 7,e7 ,accreditation and approval ,whether the program is accredited by a specialized accrediting agency recognized by the ,secretary for accreditation of professional educator preparation programs and whether the program is approved by the ,state4 7,f7 ,designation as low-performing ,whether the program has been designated as low performing by the ,state under section #bab4 7,g7 ,educator training ,a list of the activities that prepare-- 7i7 general education and special education teachers and other educators to effectively teach students with disabilities effectively1 including training related to participation as a member of individualized education program teams1 as defined in section #fad7;d77#a77;,b7 of the ,individuals with ,disabilities ,education ,act1 and to effectively teach students who are ,english learners2 and 7ii7 school leaders to effectively develop a shared vision for high achievement and college and career readiness for all students1 including creating structures and staffing to meet the needs of all students1 in particular students with disabilities and ,english learners4 7#b7 ,fines ,the ,secretary may impose a fine not to exceed #bg1ejj on an institution of higher education or educator preparation entity that is not based at an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner4 7#c7 ,rule of construction ,nothing in this section shall be construed to prevent a ,state from collecting and reporting additional data indicators regarding teacher preparation programs4 7#d7 ,special rule ,in the case of an institution of higher education1 or educator preparation entity that is not based at an institution of higher education1 that conducts a traditional educator preparation program or alternative routes to ,state certification or licensure program and has fewer than #aj program participants in a program1 the institution or entity shall collect and publish information1 as required under paragraph 7#a7 over a #c-year period4 7#e7 ,protection for teacher or leader identity and data validity ,the ,secretary1 in consultation with the ,commissioner of the ,national ,center for ,education ,statistics1 shall ensure that data collected under paragraph 7#a7 and subsection 7b7 is collected in a way to protect the privacy of teacher or school leader candidates1 as well as teachers or school leaders1 and to ensure there is sufficient data quality to ensure the validity of conclusions to be drawn from the data collection4 7b7 ,state report card on the quality of educator preparation 7#a7 ,in general ,each ,state that receives funds under this ,act shall provide to the ,secretary1 and make widely available to the general public and to all local educational agencies located within the ,state1 including by sending information about the ,state report card to every local educational agency in the ,state1 in a uniform and comprehensible manner that conforms with the definitions and methods established by the ,secretary1 an annual ,state report card on the quality of educator preparation in the ,state1 both for traditional educator preparation programs and for alternative routes to ,state certification or licensure programs1 which shall include not less than the following3 7,a7 ,all information reported under subsection 7a77#a71 for the ,state as a whole1 and for each educator preparation program located within the ,state4 7,b7 ,for the most recent year for which the information is available for each educator preparation program located within the ,state-- 7i7 the number and percentage of recent program graduates hired into full-time positions as teachers or school leaders within #a year of certification or licensure1 in the aggregate and reported separately by-- 7,i7 teachers in high-need subject areas or fields2 7,,ii7 high-need schools2 and 7,,iii7 certification or licensure type2 7ii7 for teacher preparation programs1 the number and percentage of recent program graduates hired into full-time positions as teachers who served for periods of not less than #c academic years after their initial placement in a teacher position1 in the aggregate and reported separately by-- 7,i7 teachers in high-need subject areas or fields2 7,,ii7 high-need schools2 7,,iii7 certification or licensure type2 and 7iii7 for school leader preparation programs1 the number and percentage of recent program graduates hired into full-time positions as school leaders who served for periods of not less than #c academic years after their initial placement in a school leader position1 in the aggregated and reported separately by-- 7,i7 principals2 7,,ii7 assistant principals2 and 7,,iii7 high-need schools4 7,c7 ,for recent program graduates at each educator preparation program in the ,state-- 7i7 the percentage of recent program graduates whose elementary and secondary students demonstrate evidence of improved student growth on ,state teacher or leader evaluation systems1 if ,states have such teacher or leader evaluation systems2 and 7ii7 the percentage of recent program graduates who are rated highly based on results from ,state-administered satisfaction surveys1 as available1 and the percentage of recent program graduates who self-identify as prepared to be effective teachers or school leaders based on results from ,state-administered satisfaction surveys1 as available4 7,d7 ,any educator preparation program that has a first-time passage rate for all test takers from the program 7regardless of whether or not they are considered program graduates7 on assessments used for teacher or school leader certification or licensure below #hj percent4 7,e7 ,the total number of teachers certified or licensed in the preceding year in each high-need subject or field1 as compared to the number of teachers needed in each high-need subject or field1 and the total number of school leaders certified or licensed in the preceding year and serving in a high-need school compared to the number of school leaders needed in a high-need school1 by elementary schools and secondary schools located within the ,state4 7#b7 ,state report card distribution and publication ,each academic year1 a ,state shall-- 7,a7 submit the report card required under paragraph 7#a7 for the ,state and for each educator preparation program in the ,state to the ,secretary2 7,b7 publish the ,state's and each educator preparation program's report cards on the website of the ,state educational agency2 7,c7 require that each educator preparation program in the ,state publish the report card required under paragraph 7#a7 on the program's website and provide the report card to prospective teacher and school leader candidates as well as teacher and school leader candidates accepted for admission2 and 7,d7 provide the report card required under paragraph 7#a7 to each local educational agency in the ,state4 7#c7 ,low-performing programs ,each ,state receiving funds under this ,act shall provide-- 7,a7 the ,state's criteria for assessing the performance of educator preparation programs in the ,state1 including the measures described in section #bab7;a72 7,b7 a list of all programs identified as low performing under section #bab1 and an identification of those programs at risk of being placed on such list1 including a specification of the factors that led to each program's identification2 7,c7 for ,states that do not identify any programs as low performing under section #bab or at risk of being classified as low performing1 a description of the reliability and validity of the measures used to assess program performance and evidence that each program met the ,state's criteria for assessing performance of teacher preparation programs and school leader preparation programs2 and 7,d7 for ,states that do not identify any programs as low performing under section #bab or at risk of being classified as low performing1 an explanation of why programs that have first-time passage rates under #hj percent on assessments used for teacher or school leader certification or licensure are not identified as low-performing by the ,state4 7#d7 ,prohibition against creating a national list ,the ,secretary shall not create a national list or ranking of ,states1 institutions1 or schools using the scaled scores provided under this subsection4 7c7 ,data quality ,the ,secretary shall prescribe regulations to ensure the reliability1 validity1 integrity1 and accuracy of the data submitted pursuant to this section4 7d7 ,report of the secretary on the quality of educator preparation 7#a7 ,report card ,the ,secretary shall annually provide to the authorizing committees1 and publish and make widely available1 a report card on teacher and school leader qualifications and preparation in the ,united ,states1 including all the information reported in subsection 7b77#a74 ,such report shall identify ,states which received a grant under this part as part of an eligible partnership4 7#b7 ,report to congress ,the ,secretary shall prepare and submit a report to the authorizing committees and make such report publicly available that contains the following3 7,a7 ,a comparison of ,states' efforts to improve the quality of the current and future educator force1 including a list of those ,states that did not identify any programs as low performing under section #bab1 or at risk for being identified as low performing1 and an assessment of the reliability and validity of the criteria used to by such ,states to evaluate program performance4 7,b7 ,a comparison of eligible partnerships' efforts to improve the quality of the current and future educator force4 7,c7 ,the national mean and median scaled scores and pass rate on any standardized test that is used in more than one ,state for teacher or school leader certification or licensure4 7#c7 ,special rule ,in the case of a teacher preparation program or school leader preparation program with fewer than #aj graduates in a program1 the ,secretary shall collect and publish1 and make publicly available1 the information required under subsection 7b77#a7 taken over a #c-year period4 7e7 ,coordination ,the ,secretary1 to the extent practicable1 shall coordinate the information collected and published under this part among ,states for individuals who took ,state teacher certification or licensure assessments in a ,state other than the ,state in which the individual received the individual's most recent degree4 #baa4 ,goals for meeting the needs of educator shortage areas 7a7 ,annual goals ,each institution of higher education that offers a traditional educator preparation program 7including programs that offer any ongoing professional development programs7 or alternative routes to ,state certification or licensure program1 and that enrolls students receiving ,federal assistance under this ,act1 and each non-institution of higher education-based educator preparation entity receiving ,federal assistance shall set annual quantifiable goals for increasing the number of prospective educators trained in educator shortage areas designated by the ,secretary or by the ,state educational agency1 including mathematics1 science1 special education1 and instruction of ,english learners4 7b7 ,assurances ,each institution described in subsection 7a7 shall provide assurances to the ,secretary that-- 7#a7 training provided to prospective educators responds to the identified needs of the local educational agencies or ,states where the institution's graduates are likely to teach or lead1 based on past hiring and recruitment trends2 7#b7 training provided to prospective educators is closely linked with the needs of schools and the instructional decisions new teachers or school leaders face in the classroom and school2 7#c7 prospective special education teachers receive course work in core academic subjects and receive training in providing instruction in core academic subjects2 7#d7 general education teachers receive training in providing instruction to diverse populations1 including children with disabilities1 ,english learners1 and children from low-income families2 and 7#e7 prospective educators receive training on how to effectively meet the needs of urban and rural schools1 as applicable4 7c7 ,rule of construction ,nothing in this section shall be construed to require an institution to create a new educator preparation area of concentration or degree program or adopt a specific curriculum in complying with this section4 #bab4 ,state identification of low-performing programs 7a7 ,state assessment ,in order to receive funds under this ,act1 a ,state shall conduct an assessment to identify low-performing educator preparation programs in the ,state and to assist such programs through the provision of technical assistance4 ,each such ,state shall provide the ,secretary with an annual list of low-performing educator preparation programs and an identification of those programs at risk of being placed on such list1 as applicable4 ,such assessment shall be described in the report under section #baj7;b74 ,levels of performance shall be determined by the ,state and shall include1 at minimum-- 7#a7 measures of candidates' academic strength1 such as median cumulative grade point averages or median standardized entrance examination scores of admitted students2 7#b7 first-time passage rates and scaled scores on assessments used for teacher or school leader certification or licensure by the ,state2 7#c7 the number of hours of clinical training required for program candidates2 7#d7 programs' progress towards achieving goals set under section #baa7;a72 7#e7 employment outcomes for recent program graduates1 including job placement rates and retention rates1 particularly in high-need schools2 7#f7 recent program graduates' results from teacher or leader evaluations2 and 7#g7 results of satisfaction surveys1 as applicable4 7b7 ,termination of eligibility ,any educator preparation program from which the ,state has withdrawn the ,state's approval1 or terminated the ,state's financial support1 due to the low performance of the program based upon the ,state assessment described in subsection 7a7-- 7#a7 shall be ineligible for any funding for professional development activities awarded by the ,department2 7#b7 may not be permitted to accept or enroll any student who receives aid under title ,,iv in the institution's educator preparation program2 7#c7 shall provide transitional support1 including remedial services if necessary1 for students enrolled at the institution at the time of termination of financial support or withdrawal of approval2 and 7#d7 shall be reinstated upon demonstration of improved performance1 as determined by the ,state4 7c7 ,negotiated rulemaking ,if the ,secretary develops any regulations implementing subsection 7b77#b71 the ,secretary shall submit such proposed regulations to a negotiated rulemaking process1 which shall include representatives of ,states1 institutions of higher education1 and educational and student organizations4 7d7 ,application of the requirements ,the requirements of this section shall apply to both traditional educator preparation programs and alternative routes to ,state certification and licensure programs4 #bac4 ,general provisions 7a7 ,methods ,the ,secretary shall ensure that ,states1 institutions of higher education1 and educator preparation entities1 use fair and equitable methods in reporting under this part and that the reporting methods do not reveal personally identifiable information4 7b7 ,special rule ,for each ,state that does not use content assessments as a means of ensuring that all teachers teaching in core academic subjects within the ,state are highly qualified1 as required under section #aaai of the ,elementary and ,secondary ,education ,act of #aife1 in accordance with the ,state plan submitted or revised under section #aaaa of such ,act1 and that each person employed as a special education teacher in the ,state who teaches elementary school or secondary school is highly qualified by the deadline1 as required under section #fab7;a77#ad77;,c7 of the ,individuals with ,disabilities ,education ,act1 the ,secretary shall-- 7#a7 to the extent practicable1 collect data comparable to the data required under this part from ,states1 local educational agencies1 institutions of higher education1 or other entities that administer such assessments to teachers or prospective teachers2 and 7#b7 notwithstanding any other provision of this part1 use such data to carry out requirements of this part related to assessments1 pass rates1 and scaled scores4 7c7 ,release of information to educator preparation programs 7#a7 ,in general ,for the purpose of improving teacher and school leader preparation programs1 a ,state that receives funds under this ,act1 or that participates as a member of a partnership1 consortium1 or other entity that receives such funds1 shall provide to an educator preparation program any and all pertinent education-related information that-- 7,a7 may enable the educator preparation program to evaluate the effectiveness of the program's graduates or the program itself2 and 7,b7 is possessed1 controlled1 or accessible by or through the ,state4 7#b7 ,data required to be shared ,in addition to the information described in paragraph 7#a71 the ,state shall share with each educator preparation program in the ,state1 and to the extent practicable1 with educator preparation programs in other ,states whose program graduates are teaching in the ,state1 data from teacher or school leader evaluation results1 including any information necessary to complete subsections 7a7 and 7b7 of section #baj4 7#c7 ,privacy ,the information and data required under paragraphs 7#a7 and 7#b7 to be shared shall-- 7,a7 include aggregate elementary and secondary academic achievement1 without revealing personally identifiable information about an individual student1 for students who have been taught by graduates of the educator preparation program1 as available2 and 7,b7 comply with section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g1 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd74 7d7 ,funding ,a ,state may use funds made available under section #baac7;a77#c7 of the ,elementary and ,secondary ,education ,act of #aife to carry out this section4 ,d ,enhancing teacher education #a ,honorable ,augustus ,f4 ,hawkins ,centers of ,excellence #bad4 ,definitions ,in this subpart3 7#a7 ,eligible institution ,the term eligible institution means-- 7,a7 an institution of higher education that offers a teacher preparation program that is-- 7i7 a part ,b institution 7as defined in section #cbb72 7ii7 a ,hispanic-serving institution 7as defined in section #ejb72 7iii7 a ,tribal ,college or ,university 7as defined in section #caf72 7iv7 an ,alaska ,native-serving institution 7as defined in section #cag7;b772 7v7 a ,native ,hawaiian-serving institution 7as defined in section #cag7;b772 7vi7 a ,predominantly ,black ,institution 7as defined in section #cah72 7vii7 an ,asian ,american and ,native ,american ,pacific ,islander-serving institution 7as defined in section #cbj7;b772 or 7viii7 a ,native ,american-serving1 nontribal institution 7as defined in section #cai72 7,b7 a consortium of institutions described in subparagraph 7,a72 or 7,c7 an institution described in subparagraph 7,a71 or a consortium described in subparagraph 7,b71 in partnership with any other institution of higher education1 but only if the center of excellence established under section #bae is located at an institution described in subparagraph 7,a74 7#b7 ,scientifically based reading research ,the term scientifically based reading research has the meaning given such term in section #abjh of the ,elementary and ,secondary ,education ,act of #aife4 #bae4 ,augustus ,f4 ,hawkins ,centers of ,excellence 7a7 ,program authorized ,from the amounts appropriated to carry out this part1 the ,secretary is authorized to award competitive grants to eligible institutions to establish centers of excellence4 7b7 ,use of funds ,grants provided by the ,secretary under this subpart shall be used to ensure that current and future teachers are highly qualified by carrying out #a or more of the following activities3 7#a7 ,implementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who are highly qualified1 are able to understand scientifically valid research1 and are able to use advanced technology effectively in the classroom1 including use of instructional techniques to improve student academic achievement1 by-- 7,a7 retraining or recruiting faculty2 and 7,b7 designing 7or redesigning7 teacher preparation programs that-- 7i7 prepare teachers to serve in low-performing schools and close student achievement gaps1 and that are based on rigorous academic content1 scientifically valid research 7including scientifically based reading research and mathematics research1 as it becomes available71 and challenging ,state academic content standards and student academic achievement standards2 and 7ii7 promote strong teaching skills4 7#b7 ,providing sustained and high-quality preservice clinical training1 including the mentoring of prospective teachers by exemplary teachers1 substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers1 school leaders1 and other administrators at elementary schools or secondary schools1 and providing support1 including preparation time1 for such interaction4 7#c7 ,developing and implementing initiatives to promote retention of highly qualified teachers and school leaders1 including minority teachers and school leaders1 including programs that provide-- 7,a7 teacher or school leader mentoring from exemplary teachers or school leaders1 respectively2 or 7,b7 induction and support for teachers and school leaders during their first #c years of employment as teachers or school leaders1 respectively4 7#d7 ,awarding scholarships based on financial need to help students pay the costs of tuition1 room1 board1 and other expenses of completing a teacher preparation program1 not to exceed the cost of attendance4 7#e7 ,disseminating information on effective practices for teacher preparation and successful teacher certification and licensure assessment preparation strategies4 7#f7 ,activities authorized under section #bjb4 7c7 ,application ,any eligible institution desiring a grant under this subpart shall submit an application to the ,secretary at such a time1 in such a manner1 and accompanied by such information as the ,secretary may require4 7d7 ,minimum grant amount ,the minimum amount of each grant under this subpart shall be #ejj1jjj4 7e7 ,limitation on administrative expenses ,an eligible institution that receives a grant under this subpart may use not more than #b percent of the funds provided to administer the grant4 7f7 ,regulations ,the ,secretary shall prescribe such regulations as may be necessary to carry out this subpart4 #b ,preparing general education teachers ,to more effectively educate students with disabilities #baf4 ,teach to reach grants 7a7 ,authorization of program 7#a7 ,in general ,the ,secretary is authorized to award grants1 on a competitive basis1 to eligible partnerships to improve the preparation of general education teacher candidates to ensure that such teacher candidates possess the knowledge and skills necessary to effectively instruct students with disabilities in general education classrooms4 7#b7 ,duration of grants ,a grant under this section shall be awarded for a period of not more than #e years4 7#c7 ,non-,federal share ,an eligible partnership that receives a grant under this section shall provide not less than #be percent of the cost of the activities carried out with such grant from non-,federal sources1 which may be provided in cash or in kind4 7b7 ,definition of eligible partnership ,in this section1 the term eligible partnership means a partnership that-- 7#a7 shall include-- 7,a7 #a or more departments or programs at an institution of higher education-- 7i7 that prepare elementary or secondary general education teachers2 7ii7 that have a program of study that leads to an undergraduate degree1 a master's degree1 or completion of a postbaccalaureate program required for teacher certification2 and 7iii7 the graduates of which are highly qualified2 7,b7 a department or program of special education at an institution of higher education2 7,c7 a department or program at an institution of higher education that provides degrees in core academic subjects2 and 7,d7 a high-need local educational agency2 and 7#b7 may include a department or program of mathematics1 earth or physical science1 foreign language1 or another department at the institution that has a role in preparing teachers4 7c7 ,activities ,an eligible partnership that receives a grant under this section-- 7#a7 shall use the grant funds to-- 7,a7 develop or strengthen an undergraduate1 postbaccalaureate1 or master's teacher preparation program by integrating special education strategies into the general education curriculum and academic content2 7,b7 provide teacher candidates participating in the program under subparagraph 7,a7 with skills related to-- 7i7 response to intervention1 positive behavioral interventions and supports1 differentiated instruction1 and data driven instruction2 7ii7 universal design for learning2 7iii7 determining and utilizing accommodations for instruction and assessments2 7iv7 collaborating with special educators1 related services providers1 and parents1 including participation in individualized education program development and implementation2 and 7v7 appropriately utilizing technology and assistive technology for students with disabilities2 and 7,c7 provide extensive clinical training for participants described in subparagraph 7,b7 with mentoring and induction program support throughout the program that continues during the first #b years of full-time teaching2 and 7#b7 may use grant funds to develop and administer alternate assessments of students with disabilities4 7d7 ,application ,an eligible partnership seeking a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 ,such application shall include-- 7#a7 a self-assessment by the eligible partnership of the existing teacher preparation program at the institution of higher education and needs related to preparing general education teacher candidates to instruct students with disabilities2 and 7#b7 an assessment of the existing personnel needs for general education teachers who instruct students with disabilities1 performed by the local educational agency in which most graduates of the teacher preparation program are likely to teach after completion of the program under subsection 7c77#a74 7e7 ,peer review ,the ,secretary shall convene a peer review committee to review applications for grants under this section and to make recommendations to the ,secretary regarding the selection of grantees4 ,members of the peer review committee shall be recognized experts in the fields of special education1 teacher preparation1 and general education and shall not be in a position to benefit financially from any grants awarded under this section4 7f7 ,evaluations 7#a7 ,by the partnership 7,a7 ,in general ,an eligible partnership receiving a grant under this section shall conduct an evaluation at the end of the grant period to determine-- 7i7 the effectiveness of the general education teachers who completed a program under subsection 7c77#a7 with respect to instruction of students with disabilities in general education classrooms2 and 7ii7 the systemic impact of the activities carried out by such grant on how each institution of higher education that is a member of the partnership prepares teachers for instruction in elementary schools and secondary schools4 7,b7 ,report to the secretary ,each eligible partnership performing an evaluation under subparagraph 7,a7 shall report the findings of such evaluation to the ,secretary4 7#b7 ,report by the secretary ,not later than #ahj days after the last day of the grant period under this section1 the ,secretary shall make available to ,congress and the public the findings of the evaluations submitted under paragraph 7#a71 and information on best practices related to effective instruction of students with disabilities in general education classrooms4 ,e ,general provisions #bag4 ,limitations 7a7 ,federal control prohibited ,nothing in this title shall be construed to permit1 allow1 encourage1 or authorize any ,federal control over any aspect of any private1 religious1 or home school1 whether or not a home school is treated as a private school or home school under ,state law4 ,this section shall not be construed to prohibit private1 religious1 or home schools from participation in programs or services under this title4 7b7 ,no change in ,state control encouraged or required ,nothing in this title shall be construed to encourage or require any change in a ,state's treatment of any private1 religious1 or home school1 whether or not a home school is treated as a private school or home school under ,state law4 7c7 ,national system of teacher certification or licensure prohibited ,nothing in this title shall be construed to permit1 allow1 encourage1 or authorize the ,secretary to establish or support any national system of teacher certification or licensure4 7d7 ,rule of construction ,nothing in this title shall be construed to alter or otherwise affect the rights1 remedies1 and procedures afforded to the employees of local educational agencies under ,federal1 ,state1 or local laws 7including applicable regulations or court orders7 or under the terms of collective bargaining agreements1 memoranda of understanding1 or other agreements between such employees and their employers4 7e7 ,teacher or school leader privacy ,no ,state1 institution of higher education1 or local educational agency shall be required to publicly report information in compliance with this title in a case in which the results would reveal personally identifiable information about an individual teacher or school leader4 4 ,,iii ,institutional aid #cja4 ,rule of construction ,section #cja 7#bj ,u4,s4,c4 #ajea7 is amended-- 7#a7 in the section heading by adding 2 rule of construction after ,findings and purposes2 and 7#b7 by adding at the end the following3 7c7 ,rule of ,construction ,nothing in this ,act shall be construed to restrict an institution from using funds provided under a section of this title for activities and uses that were authorized under such section on the day before the date of enactment of the ,higher ,education ,affordability ,act4 4 #cjb4 ,program purpose ,section #caa 7#bj ,u4,s4,c4 #ajeg7 is amended-- 7#a7 by striking subsection 7c7 and inserting the following3 7c7 ,authorized activities ,grants awarded under this section shall be used for #a or more of the following activities3 7#a7 ,the purchase1 rental1 or lease of educational resources4 7#b7 ,the construction1 maintenance1 renovation1 or joint use and improvement of classrooms1 libraries1 laboratories1 or other instructional facilities1 including the integration of computer technology into institutional facilities to create smart buildings4 7#c7 ,support of faculty exchanges1 faculty development1 and faculty fellowships to assist members of the faculty in attaining advanced degrees in their field of instruction4 7#d7 ,student support services1 including supporting distance education1 the development and improvement of academic programs1 tutoring1 counseling1 school-sanctioned travel1 and financial literacy for students and families4 7#e7 ,improving funds management1 administrative management1 and the acquisition of equipment for use in strengthening funds management4 7#f7 ,maintaining financial stability through establishing or developing a contributions development office or endowment fund4 7#g7 ,other activities proposed in the application submitted pursuant to section #cia that-- 7,a7 contribute to carrying out the purposes of the program assisted under this section2 and 7,b7 are approved by the ,secretary as part of the review and acceptance of such application4 2 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#b71 by inserting #ge percent of after equal to or greater than2 and 7,b7 by adding at the end the following3 7#d7 ,scholarship ,an eligible institution that uses grant funds provided under this part to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution4 4 #cjc4 ,duration of grant ,section #cac 7#bj ,u4,s4,c4 #ajei7 is amended by adding at the end the following3 7e7 ,requirement for additional funding 7#a7 ,in general ,the ,secretary shall not award grant funds for the fourth or fifth year of a grant under this part unless the ,secretary determines that the grantee is making progress in implementing the activities described in the grantee's application under section #cia at a rate that will result in the full implementation of such activities before the end of the grant period4 7#b7 ,consideration of data and information ,the ,secretary shall consider any data or information provided to the ,department by grantees for the continued receipt of grants under this title under paragraph 7#a7 that is considered in accordance with regulations issued by the ,secretary before the date of enactment of the ,higher ,education ,affordability ,act4 ,any requirements the ,secretary develops for institutions in accordance with regulations issued by the ,secretary after the date of enactment of the ,higher ,education ,affordability ,act to carry out this subsection shall take into account the capacity and resources of institutions to comply with such requirements4 4 #cjd4 ,american ,indian tribally controlled colleges and universities ,section #caf 7#bj ,u4,s4,c4 #ajei;c7 is amended-- 7#a7 in subsection 7c7-- 7,a7 by striking subparagraphs 7,a7 through 7,n7 and inserting the following3 7,a7 ,the activities described in section #caa7;c74 7,b7 ,academic instruction in disciplines in which ,indians are underrepresented and instruction in tribal governance or tribal public policy4 7,c7 ,establishing or enhancing a program of teacher education designed to qualify students to teach in elementary schools or secondary schools1 with a particular emphasis on teaching ,indian children and youth1 that shall include1 as part of such program1 preparation for teacher certification4 7,d7 ,establishing community outreach programs that encourage ,indian elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education4 2 7,b7 by striking paragraph 7#b72 7,c7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7i7 in paragraph 7#b71 as redesignated by subparagraph 7,c7-- 7ii7 by inserting not less than #ge percent of after in an amount equal to2 and 7iii7 by adding at the end the following3 7,d7 ,scholarship ,a ,tribal ,college or ,university that uses grant funds under this section to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such ,tribal ,college or ,university4 2 and 7#b7 in subsection 7d7-- 7,a7 by striking paragraph 7#a72 and 7,b7 by redesignating paragraphs 7#b71 7#c71 and 7#d71 as paragraphs 7#a71 7#b71 and 7#c71 respectively4 #cje4 ,alaska ,native and ,native ,hawaiian-serving institutions ,section #cag7;c7 7#bj ,u4,s4,c4 #ajei;d7c77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,authorized ,activities4-- in the subsection heading and all that follows through ,grants awarded under this section shall and inserting ,authorized ,activities4--,grants awarded under this section shall2 and 7,b7 by inserting ,such activities may include the activities described in section #caa7;c74 after capacity to serve ,alaska ,natives or ,native ,hawaiians42 and 7#b7 by striking paragraph 7#b74 #cjf4 ,predominantly ,black ,institutions ,section #cah7;d7 7#bj ,u4,s4,c4 #ajei;e7d77 is amended-- 7#a7 in paragraph 7#b77;,a71 by striking paragraphs 7#a7 through 7#ab7 and inserting paragraphs 7#a7 through 7#g72 and 7#b7 in paragraph 7#c77;,b71 by inserting #ge percent of after equal to or greater than4 #cjg4 ,native ,american-serving nontribal institutions ,section #cai7;c7 7#bj ,u4,s4,c4 #ajei;f7c77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,authorized ,activities4-- in the subsection heading and all that follows through ,grants awarded under this section shall and inserting ,authorized ,activities4--,grants awarded under this section shall2 and 7,b7 by inserting ,such activities may include the activities described in section #caa7;c74 after serve ,native ,americans and low-income individuals42 and 7#b7 by striking paragraph 7#b74 #cjh4 ,asian ,american and ,native ,american ,pacific ,islander-serving institutions ,section #cbj7;c77#b7 7#bj ,u4,s4,c4 #ajei;g7c77#b77 is amended by striking subparagraphs 7,a7 through 7,n7 and inserting the following3 7,a7 the activities described in section #caa7;c72 7,b7 academic instruction in disciplines in which ,asian ,americans and ,native ,american ,pacific ,islanders are underrepresented2 7,c7 conducting research and data collection for ,asian ,american and ,native ,american ,pacific ,islander populations and subpopulations2 and 7,d7 establishing partnerships with community-based organizations serving ,asian ,americans and ,native ,american ,pacific ,islanders4 4 #cji4 ,native ,american education tuition cost share ,part ,a of title ,,iii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajeg et seq47 is amended by inserting after section #cai the following3 #cai;,a4 ,native ,american education tuition cost share 7a7 ,amount of payment 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 for fiscal year #bjae and each succeeding fiscal year1 the ,secretary shall pay to any eligible college an amount equal to #dj percent of the total amount of charges for tuition for such year1 and the ,state shall pay #fj percent of such charges for such year1 for all ,native ,american ,indian students who-- 7,a7 are not residents of the ,state in which the college they attend is located2 and 7,b7 are enrolled in the college for the academic year ending immediately prior to the beginning of such fiscal year4 7#b7 ,eligible colleges ,for purposes of this section1 an eligible college is any institution of higher education serving ,native ,american ,indian students that provides tuition-free education to such students1 as mandated by ,federal law1 with the support of the ,state in which the college is located1 in fulfillment of a condition under which the ,state or college received its original grant of land and facilities from the ,united ,states4 7b7 ,treatment of payment ,any amounts received by an eligible college under this section shall be treated as a reimbursement from the ,state in which the college is located1 and shall be considered as provided in fulfillment of any ,federal mandate upon the ,state to admit ,native ,american ,indian students free of charge of tuition4 7c7 ,rule of construction ,nothing in this section shall be construed to relieve any ,state from any mandate the ,state may have under ,federal law to reimburse a college for each academic year-- 7#a7 with respect to ,native ,american ,indian students enrolled in the college who are not residents of the ,state in which the college is located1 any amount of charges for tuition for such students for such academic year that exceeds the amount received under this section for such academic year2 and 7#b7 with respect to ,native ,american ,indian students enrolled in the college who are residents of the ,state in which the college is located1 an amount equal to the charges for tuition for such students for such academic year4 7d7 ,definition ,in this section1 the term ,native ,american ,indian student means an ,indian pupil 7as such term has been defined for purposes of ,federal laws that impose a mandate upon a ,state or college to provide tuition-free education to ,native ,american ,indian students in fulfillment of a condition under which the ,state or college received its original grant of land and facilities from the ,united ,states74 4 #caj4 ,grants to institutions ,section #cbc 7#bj ,u4,s4,c4 #ajfb7 is amended-- 7#a7 in subsection 7a71 by striking paragraphs 7#a7 through 7#ae7 and inserting the following3 7#a7 ,the purchase1 rental1 or lease of educational resources4 7#b7 ,the construction1 maintenance1 renovation1 or joint use and improvement of classrooms1 libraries1 laboratories1 or other instructional facilities1 including the integration of computer technology into institutional facilities to create smart buildings4 7#c7 ,support of faculty exchanges1 faculty development1 and faculty fellowships to assist members of the faculty in attaining advanced degrees in their field of instruction4 7#d7 ,student academic and support services1 including supporting distance education 7including through the purchase or rental of telecommunications technology equipment or services71 the development and improvement of academic programs and curricula1 tutoring1 counseling1 school-sanctioned travel1 and financial literacy for students and families4 7#e7 ,improving funds management1 administrative management1 and the acquisition of technology1 services and equipment for use in strengthening funds and administrative management4 7#f7 ,maintaining financial stability through establishing or developing a contributions development office or endowment fund4 7#g7 ,initiatives to improve the educational outcomes of ,african-,american males4 7#h7 ,other activities proposed in the application submitted pursuant to section #cbe that-- 7,a7 contribute to carrying out the purposes of the program assisted under this section2 and 7,b7 are approved by the ,secretary as part of the review and acceptance of such application4 2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by inserting #ge percent of after equal to or greater than2 and 7,b7 by adding at the end the following3 7#d7 ,scholarship ,an institution that uses grant funds provided under this part to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution4 4 #caa4 ,allotments to institutions ,section #cbd7;c7 7#bj ,u4,s4,c4 #ajfc7;c77 is amended by striking #e years and inserting #f years4 #cab4 ,professional or graduate institutions ,section #cbf 7#bj ,u4,s4,c4 #ajfc;b7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,uses of funds 7#a7 ,in ,general ,a grant under this section may be used for #a or more of the following activities3 7,a7 ,the purchase1 rental1 or lease of educational resources4 7,b7 ,the construction1 maintenance1 renovation1 or joint use and improvement of classrooms1 libraries1 laboratories1 or other instructional facilities1 including the integration of computer technology into institutional facilities to create smart buildings4 7,c7 ,support of faculty exchanges1 faculty development1 and faculty fellowships to assist members of the faculty in attaining advanced degrees in their field of instruction4 7,d7 ,student academic support services1 including supporting distance education 7including through the purchase or rental of telecommunications technology equipment or services71 the development and improvement of academic programs1 tutoring1 counseling1 school-sanctioned travel1 distance education1 and financial literacy for students and families4 7,e7 ,improving funds management1 administrative management1 and the acquisition of technology1 services1 and equipment for use in strengthening funds and administrative management4 7,f7 ,maintaining financial stability through establishing or developing a contributions development office or endowment fund4 7,g7 ,other activities proposed in the applications submitted pursuant to subsection 7d7 and section #cia that-- 7i7 contribute to carrying out the purposes of the program assisted under this section2 and 7ii7 are approved by the ,secretary as part of the review and acceptance of such application4 4 #cac4 ,applications for assistance ,section #cia7;b7 7#bj ,u4,s4,c4 #ajfh7;b77 is amended-- 7#a7 by redesignating paragraphs 7#f7 through 7#h7 as paragraphs 7#g7 through 7#i72 and 7#b7 by inserting after paragraph 7#e71 the following3 7#f7 provide an assurance that the institution will report to the ,secretary on-- 7,a7 the number and percentage of undergraduate students who upon entry into the institution matriculate into a major field of study or other program leading to a postsecondary certificate1 an associate's degree1 or a baccalaureate degree2 7,b7 student persistence data for the institution's undergraduates1 demonstrating the number and percentage of students who are continuously enrolled in the institution1 which shall be measured in a manner proposed by the institution and approved by the ,secretary2 and 7,c7 data on the number and percentage of undergraduate students making satisfactory progress1 as defined in accordance with section #dhd7;c74 4 #cad4 ,limitations on ,federal insurance for bonds issued by the designated bonding authority ,section #cdd7;a7 7#bj ,u4,s4,c4 #ajff;c7a77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking #a1ajj1jjj1jjj and inserting #c1jjj1jjj1jjj2 7#b7 in paragraph 7#a71 by striking #gcc1ccc1ccc and inserting #b1jhh1jjj1jjj2 and 7#c7 in paragraph 7#b71 by striking #cff1fff1ffg and inserting #iab1jjj1jjj4 #cae4 ,authorization of appropriations ,section #cii7;a7 7#bj ,u4,s4,c4 #ajfh;h7a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking #ace1jjj1jjj for fiscal year #bjji and inserting such sums as may be necessary for fiscal year #bjae2 7,b7 in subparagraph 7,b71 by striking #cj1jjj1jjj for fiscal year #bjji and inserting such sums as may be necessary for fiscal year #bjae2 7,c7 in subparagraph 7,c71 by striking #ae1jjj1jjj for fiscal year #bjji and inserting such sums as may be necessary for fiscal year #bjae2 7,d7 in subparagraph 7,d71 by striking #ge1jjj1jjj for fiscal year #bjji and inserting such sums as may be necessary for fiscal year #bjae2 7,e7 in subparagraph 7,e71 by striking #be1jjj1jjj for fiscal year #bjji and inserting such sums as may be necessary for fiscal year #bjae2 and 7,f7 in subparagraph 7,f71 by striking #cj1jjj1jjj for fiscal year #bjji and inserting such sums as may be necessary for fiscal year #bjae2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking #cge1jjj1jjj for fiscal year #bjji and inserting such sums as may be necessary for fiscal year #bjae2 and 7,b7 in subparagraph 7,b71 by striking #abe1jjj1jjj for fiscal year #bjji and inserting such sums as may be necessary for fiscal year #bjae2 7#c7 in paragraph 7#c71 by striking #aj1jjj1jjj for fiscal year #bjji and inserting such sums as may be necessary for fiscal year #bjae2 7#d7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a71 by striking #ahe1jjj for fiscal year #bjji and inserting such sums as may be necessary for fiscal year #bjae2 and 7,b7 in subparagraph 7,b71 by striking fiscal year #bjji and inserting fiscal year #bjae2 and 7#e7 in paragraph 7#e7-- 7,a7 in subparagraph 7,a71 by striking #ab1jjj for fiscal year #bjji and inserting such sums as may be necessary for fiscal year #bjae2 and 7,b7 in subparagraph 7,b71 by striking fiscal year #bjji and inserting fiscal year #bjae4 ,,iv ,student assistance ,a ,grants to students #a ,federal ,pell ,grants #dja4 ,year-round ,federal ,pell ,grants2 extension of ,federal ,pell ,grant inflation adjustments ,section #dja 7#bj ,u4,s4,c4 #ajgj;a7 is amended-- 7#a7 in subsection 7a77#a71 by striking through fiscal year #bjag and inserting through fiscal year #bjbj2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b77;,a77ii71 by striking paragraph 7#g77;,b7 and inserting paragraph 7#i77;,b72 7,b7 by redesignating paragraphs 7#e7 through 7#g7 as paragraphs 7#g7 through 7#i71 respectively2 7,c7 by inserting after paragraph 7#d7 the following3 7#e7 7,a7 ,the purpose of this paragraph is to establish a year-round ,federal ,pell ,grant program to allow eligible students to accelerate the time needed to earn a degree4 7,b7 ,in this paragraph1 the term eligible student means a student who-- 7i7 has received a ,federal ,pell ,grant for an award year and is enrolled in a program of study for #a or more additional payment periods during the same award year that are not otherwise covered by the student's ,federal ,pell ,grant2 7ii7 continues to meets all eligibility requirements to receive a ,federal ,pell ,grant under this section2 and 7iii7 attends an institution of higher education on not less than a half-time basis4 7,c7 ,notwithstanding any other provision of this subsection1 the ,secretary shall award an additional ,federal ,pell ,grant to an eligible student for the additional payment periods during an award year that are not otherwise covered by the student's ,federal ,pell ,grant for the award year4 7,d7 ,in the case of a student receiving more than one ,federal ,pell ,grant in a single award year under subparagraph 7,c71 the total amount of the ,federal ,pell ,grants awarded to such student for the award year shall not exceed an amount equal to #aej percent of the total maximum ,federal ,pell ,grant for such award year calculated in accordance with paragraph 7#i77;,c77iv77,,ii74 7,e7 ,any period of study covered by a ,federal ,pell ,grant awarded under subparagraph 7,c7 shall be included in determining a student's duration limit under subsection 7c77#e74 7#f7 ,in any case where an eligible student is receiving a ,federal ,pell ,grant for a payment period that spans #b award years1 the ,secretary shall allow the eligible institution in which the student is enrolled to determine the award year to which the additional period shall be assigned4 2 and 7,d7 in paragraph 7#i77;,c71 as redesignated by subparagraph 7,b7-- 7i7 in clause 7ii7-- 7,i7 in the clause heading1 by striking #bjag-bjah and inserting #bjbj-bjba2 and 7,,ii7 in the matter preceding subclause 7,i71 by striking #bjag-bjah and inserting #bjbj-bjba2 and 7ii7 in clause 7iii7-- 7,i7 by striking #bjah-bjai and inserting #bjba-bjbb2 and 7,,ii7 by striking #bjag-bjah and inserting #bjbj-bjba2 and 7#c7 by adding at the end the following3 7k7 ,notification of ,pell grant eligibility 7#a7 ,in ,general ,each eligible institution shall notify each student enrolled in the institution who is receiving a ,federal ,pell ,grant of the student's remaining period of eligibility for a ,federal ,pell ,grant in accordance with subsection 7c77#e71 at the times required under paragraph 7#b7 and 7#c74 7#b7 ,frequency of notifications ,an eligible institution shall provide the notification described in paragraph 7#a7 to a student receiving a ,federal ,pell ,grant-- 7,a7 not less than once a year while the student is enrolled in the institution2 and 7,b7 in the case of a student with #b years1 or less1 of ,federal ,pell ,grant eligibility remaining1 not less than once a semester 7or its equivalent7 while the student is enrolled in the institution4 7#c7 ,pell ,grant ,recipients who are borrowers ,in the case of a student who is receiving a ,federal ,pell ,grant who is also a borrower of a loan made1 insured1 or guaranteed under part ,b 7other than a loan made pursuant to section #dbh;,c or a loan made on behalf of a student pursuant to section #dbh;,b7 or made under part ,d 7other than a ,federal ,direct ,consolidation ,loan or a ,federal ,direct ,,plus loan made on behalf of a student71 the requirement described in paragraph 7#a7 shall be carried out in accordance with the notification and counseling requirements described in section #dhe7n74 4 #dja;,a4 ,college opportunity and graduation bonus demonstration program ,subpart #a of part ,a of title ,,iv 7#bj ,u4,s4,c4 #ajgj;a et seq47 is amended by adding at the end the following3 #dja;,b4 ,college opportunity and graduation bonus demonstration program 7a7 ,demonstration ,program ,authority ,the ,secretary is authorized to establish a demonstration program-- 7#a7 to reward eligible institutions of higher education that enroll and graduate a significant number of low- and moderate-income students on time2 and 7#b7 to encourage institutions of higher education to improve their performance in enrolling and graduating a significant number of low- and moderate-income students on time4 7b7 ,grants ,the ,secretary shall carry out the demonstration program described in paragraph 7#a7 by awarding grants to eligible institutions of higher education in not more than #e eligible ,states selected in accordance with subsection 7c7 that the ,secretary determines have a strong record of supporting1 reforming1 and improving the performance of the ,state's public higher education systems in order to make college more affordable and increase college access and success1 especially for low-income students4 7c7 ,eligible ,states ,the ,secretary shall select eligible ,states based on the extent to which a ,state has-- 7#a7 invested1 and continues to invest1 significantly in public higher education1 resulting in a lower net price for low-income students1 as compared to the net price for such students in other ,states2 7#b7 adopted policy reforms to ensure seamless transitions into higher education and among public institutions of higher education1 such as dual enrollment and guaranteed credit transfers2 7#c7 allocated ,state financial aid primarily on the basis of need1 and 7#d7 met other criteria1 as determined by the ,secretary4 7d7 ,institutional eligibility ,the ,secretary shall establish criteria for the eligibility of institutions that are located in eligible ,states on the basis of-- 7#a7 the percentage of the institution's graduating class that is comprised of ,pell ,grant recipients2 7#b7 the institution's graduation rate2 7#c7 the institution's average net price2 and 7#d7 other criteria1 as determined by the ,secretary4 7e7 ,uses of funds ,each eligible institution of higher education that receives a grant under this section shall use the grant funds to support reforms to further increase college access and success for low- and moderate-income students1 by making key investments and adopting best practices1 such as-- 7#a7 awarding additional need-based financial aid2 7#b7 enhancing academic and student support services2 7#c7 improving student learning and other outcomes while reducing costs2 7#d7 using technology to scale and enhance improvements2 and 7#e7 establishing or expanding accelerated learning opportunities4 7f7 ,amount of grant funds 7#a7 ,in ,general ,each eligible institution of higher education that receives a grant under this section shall receive annual grant funds in an amount equal to-- 7,a7 the number of ,pell ,grant recipients who graduate from the institution on time 7defined as an amount of time equal to or less than #ajj percent of program length based on full-time enrollment status7 in the previous academic year2 multiplied by 7,b7 a per-student base amount1 which shall be determined by the ,secretary and shall be based on the type of institution receiving the grant 7such as whether the institution provides a #b-year program or a #d-year program74 7#b7 ,additional per-student funds ,in addition to the amount of grant funds awarded under paragraph 7#a71 the ,secretary shall award eligible institutions that graduate a number of ,pell ,grant recipients in excess of a certain threshold number established by the ,secretary1 a per-student bonus amount 7in excess of the per student base amount described in paragraph 7#a77;,b77 for each additional ,pell ,grant recipient who graduates from the institution that is in excess of that threshold4 7g7 ,supplement not supplant ,funds made available under this section shall be used to supplement1 and not supplant-- 7#a7 other ,state funds that eligible ,states would otherwise expend to carry out activities under this section to improve college affordability and graduate additional low-income and moderate-income students2 and 7#b7 other institutional funds that eligible institutions receiving a grant under this section would otherwise expend to carry out activities under this section to improve college affordability and graduate additional low-income and moderate-income students4 7h7 ,evaluation ,not later than #c years after the enactment of this section1 the ,secretary shall prepare and submit to ,congress a report that contains an evaluation of the effectiveness of the pilot program under this section in improving college access and success for low-income and moderate-income students4 7i7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year #bjae and each of the five succeeding fiscal years4 4 #b ,early awareness of college financing options #djc4 ,federal ,,trio programs authorization ,section #djb;,a7g7 7#bj ,u4,s4,c4 #ajgj;a-#aa7;g77 is amended by striking #ijj1jjj1jjj and all that follows through years4 and inserting such sums as may be necessary for fiscal year #bjae and each of the five succeeding fiscal years44 #djd4 ,postbaccalaureate achievement program authorization ,section #djb;,e7g7 7#bj ,u4,s4,c4 #ajgj;a-#ae7;g77 is amended by striking each of the fiscal years #bjji through #bjad and inserting fiscal year #bjae and each of the five succeeding fiscal years4 #dje4 ,gaining early awareness and readiness for undergraduate programs authorization ,section #djd;,h 7#bj ,u4,s4,c4 #ajgj;a-#bh7 is amended by striking #djj1jjj1jjj and all that follows through the period at the end and inserting such sums as may be necessary for fiscal year #bjae and each of the five succeeding fiscal years4 #dje;,a4 ,early awareness of college financing options ,subpart #b of part ,a of title ,,iv 7#bj ,u4,s4,c4 #ajgj;a-#aa et seq47 is amended by adding at the end the following3 #c ,early awareness of college financing options #dje;,a4 ,early awareness of college financing options 7a7 ,purpose ,the purpose of this section is to establish a demonstration program that explores the effectiveness of early notification of postsecondary financial aid options and the cost of postsecondary education4 7b7 ,grants authorized2 ,duration 7#a7 ,grants ,authorized ,from amounts appropriated under subsection 7l7 and not reserved under paragraph 7#c71 and beginning after the first postsecondary education information form described in subsection 7h7 has been developed1 the ,secretary is authorized to award grants to #ae ,state educational agencies to enable such agencies to pay the expenses1 including the expenses of local educational agencies in the ,state1 for providing information in a cost-effective way to students in grades #h through #ab in order to-- 7,a7 increase student awareness of1 and access to1 postsecondary education2 and 7,b7 increase the likelihood that those students will apply for postsecondary financial aid and attend an institution of higher education4 7#b7 ,duration ,a grant awarded under this section shall be awarded for a #c-year period4 7#c7 ,reservation of funds ,from amounts made available to carry out this section for a fiscal year1 the ,secretary may reserve not more than #a percent to award a grant to the ,bureau of ,indian ,education1 to enable the ,bureau to carry out the purposes of this section with respect to schools operated or funded by the ,bureau4 7c7 ,state educational agency applications 7#a7 ,in ,general ,each ,state educational agency desiring to participate in the demonstration program under this section shall submit an application to the ,secretary at such time and in such manner as the ,secretary may require4 7#b7 ,contents ,each application described in paragraph 7#a7 shall include-- 7,a7 a commitment to utilize the postsecondary education information form described in subsection 7h7 7referred to in this section as the information form71 including the provision of ,state-specific grant aid information1 as described in subsection 7h77#a77;,g72 7,b7 a description of how the ,state educational agency plans to disseminate the information form to every school serving grades #h through #ab in the ,state2 7,c7 an assurance that the ,state educational agency will fully cooperate with the ongoing evaluation of the demonstration program2 and 7,d7 such other information as the ,secretary may require4 7d7 ,selection considerations ,in selecting ,state educational agencies to participate in the demonstration program under this section1 the ,secretary shall consider-- 7#a7 the number and quality of ,state educational agency applications received2 7#b7 the geographic diversity of applicants2 and 7#c7 a ,state educational agency's-- 7,a7 financial responsibility2 7,b7 administrative capability2 and 7,c7 ability to ensure that the activities carried out under the demonstration program serve all students in grades #h through #ab in the ,state4 7e7 ,selection priority ,in selecting ,state educational agencies to participate in the demonstration program under this section1 the ,secretary shall give priority to those ,states that have a high percentage of students who are eligible for free and reduced priced lunches under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 or who are1 or come from families that are1 eligible for benefits under another means-tested ,federal benefit program as defined in section #dgi7;d77#b74 7f7 ,activities ,each ,state educational agency receiving a grant under this section shall carry out the following activities3 7#a7 ,make the information form available to every school in the ,state that serves students in grades #h through #ab so that such schools can distribute the form to each student in grades #h through #ab1 not less than once each school year1 utilizing the most useful1 effective1 and relevant modes of communication1 including through technology4 7#b7 ,develop a statewide public awareness campaign1 using a variety of media1 to inform students about the cost of postsecondary education and the availability of financial aid4 7#c7 ,ensure that local educational agencies serving students who receive the information form will participate in the evaluation of the demonstration program1 and that data from such local educational agencies will be made available in accordance with the requirements of section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd74 7#d7 ,conduct annual surveys of a representative sample of students who receive the information form1 both before the receipt of such form and after the receipt of such form1 to determine the short-term and long-term effects of the information form1 including-- 7,a7 such students' knowledge about the cost of postsecondary education and financial aid options2 7,b7 the likelihood of such students applying for financial aid1 attending an institution of higher education1 and enrolling in ,advanced ,placement1 ,international ,baccalaureate1 dual enrollment1 or early college high school programs2 and 7,c7 any other information the ,state educational agency determines relevant4 7g7 ,development of an initial form 7#a7 ,initial development ,not later than #ij days after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary1 in consultation with the heads of relevant ,federal agencies and representatives of higher education mentors1 admissions staff from institutions of higher education1 financial aid staff1 student and parent focus groups 7including students and parents from low-income families71 consumer advocates1 and secondary school guidance counselors1 shall complete the development of an initial model form of postsecondary education information 7referred to in this subsection as the initial form74 7#b7 ,consumer testing process ,the ,secretary shall-- 7,a7 submit the initial form for consumer testing that is in accordance with section #dhc;,c and includes the representatives described in paragraph 7#a72 and 7,b7 not later than #fj days after the conclusion of the consumer testing under subparagraph 7,a71 use the results of the consumer testing of the initial form in the development of a final information form described in subsection 7h74 7h7 ,postsecondary ,education ,information ,form 7#a7 ,in general ,the ,secretary shall develop1 using the best available evidence and research1 an information form that the ,secretary shall update annually and distribute to all ,state educational agencies that receive a grant under this section4 ,the information form shall contain1 at a minimum1 the following information3 7,a7 ,information about ,federal ,pell ,grants1 including-- 7i7 the maximum amount of a ,federal ,pell ,grant for the award year in which the form will be disbursed to students1 as determined under clauses 7i7 and 7ii7 of section #dja7;b77#b77;,a71 which shall be the most visually prominent figure on the information form2 and 7ii7 information about when1 and how1 a student may apply for a ,federal ,pell ,grant4 7,b7 ,information on-- 7i7 ,federal student financial aid options1 including a description of all available ,federal grants 7including ,federal supplemental educational opportunity grants under subpart #c71 loans 7including loans under parts ,d and ,e71 work study assistance under part ,c1 and scholarships for postsecondary education2 and 7ii7 the application processes for such grants1 loans1 assistance1 and scholarships4 7,c7 ,information about ,federal tax credits available for higher education expenses4 7,d7 ,links to the application for the ,free ,application for ,federal ,student ,aid described in section #dhc and ,federal student aid websites4 7,e7 ,a link to the ,department's ,college ,affordability and ,transparency ,center website1 including a link to a webpage providing information about net price calculators1 or a successor website with similar information4 7,f7 ,information about fee waivers for applications for institutions of higher education that may be available to qualified students4 7,g7 ,a ,state-specific section1 in which each ,state educational agency shall include information on ,state grants for postsecondary education4 7#b7 ,distribution of final form ,the ,secretary shall make the final information form described in this subsection available to all ,state educational agencies that receive a grant under this section4 7i7 ,state report ,each ,state educational agency receiving a grant under this section shall use results from the surveys described in subsection 7f77#d71 and other pertinent information1 to submit an annual report to the ,secretary that includes the following3 7#a7 ,a description of the delivery method by which the information form was given to students1 and a measurement of the reach of such delivery method4 7#b7 ,the number of students who report being encouraged to pursue higher education by the activities carried out under the grant program4 7#c7 ,a description of the barriers to the effectiveness of the grant program4 7#d7 ,an assessment of the cost-effectiveness of the grant program in improving access to higher education4 7#e7 ,an identification of outcomes related to postsecondary education attendance1 including whether a student who received the information form reported being more likely1 as compared to before having received such form-- 7,a7 to enroll in ,advanced ,placement1 ,international ,baccalaureate1 dual enrollment1 or early college high school programs2 7,b7 in the case of a student in grade #ab1 to submit an application to an institution of higher education2 7,c7 to take the ,preliminary ,,sat_/,national ,merit ,scholarship ,qualifying ,test 7,,psat_/,,nmsqt71 ,,sat1 or ,,act2 and 7,d7 in the case of a student in grade #ab1 to file a ,free ,application for ,federal ,student ,aid described in section #dhc4 7#f7 ,the number of students who received the information form and were in grade #ab in the previous year1 disaggregated by race1 ethnicity1 gender1 status as an ,english language learner1 status as an economically disadvantaged individual1 and status as an individual with a disability 7except that such disaggregation shall not be required in a case in which the results would reveal personally identifiable information about an individual student71 who-- 7,a7 enrolled in an institution of higher education2 7,b7 applied for ,federal student financial aid2 and 7,c7 received ,federal student financial aid4 7#g7 ,a description of the impact of the grant program on the parents of students who received the information form4 7j7 ,evaluation and dissemination of research on best practices ,the ,secretary1 acting through the ,director of the ,institute of ,education ,sciences1 shall-- 7#a7 develop performance measures1 taking into account the elements that are included in the ,state report described in subsection 7i71 for grantees to ascertain outcomes and progress related to the grant program2 7#b7 evaluate the demonstration program1 using both quantitative and qualitative methods1 to examine the effectiveness of delivery methods used in disseminating the information form to students2 and 7#c7 identify best practices and disseminate research on best practices-- 7,a7 to ,state educational agencies1 local educational agencies1 elementary school and secondary school guidance counselors1 and other interested stakeholders2 and 7,b7 by making such research publicly available on the website of the ,institute of ,education ,sciences4 7k7 ,implementation 7#a7 ,in ,general ,the ,secretary shall-- 7,a7 upon completion of the grant period1 use the results of the evaluation described in subsection 7j7 to work with all ,state educational agencies and with local educational agencies to use the results of the evaluation described in subsection 7j7 to disseminate the information form described in subsection 7h7 to every ,state educational agency2 and 7,b7 in cooperation with ,states1 institutions of higher education1 organizations involved in college access and student financial aid1 employers1 and workforce investment boards1 make special efforts to provide the information form to individuals who may qualify as independent students1 as defined in section #dhj7;d74 7#b7 ,state educational agencies ,not later than #a year after receiving the first information form from the ,secretary under paragraph 7#a71 each ,state educational agency that receives assistance under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq47 shall ensure that the information form is distributed to all students in grades #h through #ab in the ,state4 7l7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year #bjae and each of the #b succeeding fiscal years4 4 #dje;,b4 ,awareness of postsecondary education financing options for adult learners ,subpart #b of part ,a of title ,,iv 7#bj ,u4,s4,c4 #ajgj;a-#aa et seq471 as amended by section #dje;,a1 is further amended by adding at the end the following3 #d ,awareness of postsecondary education financing options for adult learners #dje;,b4 ,awareness of postsecondary education financing options for adult learners 7a7 ,purpose ,the purpose of this section is to establish a demonstration program that explores the effectiveness of notification processes for adult students regarding postsecondary financial aid options and the cost of postsecondary education4 7b7 ,grants authorized2 duration 7#a7 ,grants authorized ,from amounts appropriated under subsection 7l7 and beginning after the first information form described in subsection 7h7 has been developed1 the ,secretary is authorized to award grants to #ae ,states to enable such ,states to pay the expenses of providing information in a cost-effective way to adult students who have received a secondary school diploma or who have been out of secondary school for not less than #c years1 in order to-- 7,a7 increase adult student awareness of1 and access to1 postsecondary education2 and 7,b7 increase the likelihood that adult students will apply for postsecondary financial aid and attend an institution of higher education4 7#b7 ,duration ,a grant awarded under this section shall be awarded for a #c-year period4 7c7 ,state applications 7#a7 ,designation of agency ,in order for a ,state to apply for a grant under this part1 the ,governor of the ,state shall designate one agency as the eligible ,state agency who will apply for and administer the grant4 7#b7 ,application process ,each ,state agency designated under paragraph 7#a7 that desires to participate in the demonstration program under this section shall submit an application to the ,secretary at such time and in such manner as the ,secretary may require4 7#c7 ,contents ,each application described in paragraph 7#b7 shall include-- 7,a7 a commitment to utilize the postsecondary education information form described in subsection 7h7 7referred to in this section as the adult information form71 including the provision of ,state-specific grant aid information1 as described in subsection 7h77#a77;,b72 7,b7 a description of how the ,state plans to disseminate the information form to-- 7i7 one-stop centers1 as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb72 7ii7 offices that provide access to public benefits at the ,state and local levels1 including unemployment insurance benefits1 assistance or benefits provided under the ,state temporary assistance for needy families program funded under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 and medical assistance provided under the ,state ,medicaid program established under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq472 7iii7 public libraries2 7iv7 #b-year degree-granting institutions of higher education1 including occupational programs at such institutions2 7v7 adult education providers1 which may include #b-year degree-granting institutions of higher education or local educational agencies2 7vi7 local boards1 as defined in section #c of ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb71 and community-based programs2 7,c7 an assurance that the ,state will fully cooperate with the ongoing evaluation of the demonstration program2 and 7,d7 such other information as the ,secretary may require4 7d7 ,selection considerations ,in selecting ,states to participate in the demonstration program under this section1 the ,secretary shall consider-- 7#a7 the number and quality of ,state applications received2 7#b7 the geographic diversity of applicants2 7#c7 7,a7 the financial responsibility of the ,state agency designated by the ,state to carry out the program2 7,b7 the administrative capability of such agency2 and 7,c7 such agency's ability to ensure that the activities carried out under the grant program serve the maximum number of adult students in the ,state4 7e7 ,selection priority ,in selecting ,states to participate in the demonstration program under this section1 the ,secretary shall give priority to those ,states that have a high percentage of adults who are unemployed1 underemployed1 or eligible for benefits under a ,federal means-tested program4 7f7 ,activities ,each ,state agency receiving a grant under this section shall carry out the following activities3 7#a7 ,make the information form available to every one-stop center1 adult education program1 public library1 office that provides access to public benefits1 #b-year degree-granting institution of higher education1 and community-based program in the ,state that serves adult students so that such entities can distribute the form to each adult student utilizing services at the entity in the most useful1 effective1 and relevant modes of communication1 including through technology4 7#b7 ,develop a statewide public awareness campaign1 using a variety of media1 to inform adult students about the value of a postsecondary education1 the availability of supports to help them balance work and school1 the cost of postsecondary education1 and the availability of financial aid4 7#c7 ,ensure that entities serving adult students who receive the information form will participate in the evaluation of the demonstration program1 and that data from such entities will be made available in accordance with the requirements of section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb7 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd74 7#d7 ,conduct annual surveys of a representative sample of adult students who receive the information form to determine the short-term and long-term effects of the information form1 including what those students know about the cost of postsecondary education and financial aid options1 the likelihood of such students applying for financial aid1 and attending an institution of higher education1 and any other information the ,state agency determines relevant-- 7,a7 before the receipt of such form2 and 7,b7 after the receipt of such form4 7g7 ,development of an initial form 7#a7 ,initial development ,not later than #ij days after the date of enactment of this ,act1 the ,secretary1 in consultation with the heads of relevant ,federal agencies and representatives of college admissions staff1 financial aid staff1 adult student focus groups 7including students from low-income families71 consumer advocates1 and adult education program directors1 shall complete the development of an initial model form of postsecondary education information 7referred to in this subsection as the initial form74 7#b7 ,consumer testing process ,the ,secretary shall-- 7,a7 submit the initial form for consumer testing in accordance with section #dhc;,c that includes the representatives described in paragraph 7#a72 and 7,b7 not later than #fj days after the conclusion of the consumer testing under subparagraph 7,a71 use the results of the consumer testing of the initial form in the development of a final information form described in subsection 7h74 7h7 ,postsecondary education information form 7#a7 ,in general ,the ,secretary shall develop1 using the best available evidence and research1 an information form that the ,secretary shall update annually and distribute to all ,state agencies that receive a grant under this section4 ,the information form shall contain1 at a minimum1 the following information3 7,a7 ,the information described in subparagraphs 7,a7 through 7,f7 of section #dje;,a7h77#a74 7,b7 ,a ,state-specific section1 in which each ,state shall include information on ,state grants for postsecondary education4 7,c7 ,information about the-- 7i7 individual and societal benefits of postsecondary education2 7ii7 importance of academic preparation2 7iii7 array of postsecondary options available to adult students in the ,state1 including availability of programs that can help adults balance work and school2 and 7iv7 the eligibility of the student for various ,federal and ,state tax benefits and public benefits1 such as assistance or benefits provided under the ,state temporary assistance for needy families program funded under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 and medical assistance provided under the ,state ,medicaid program established under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq474 7#b7 ,distribution of final form ,the ,secretary shall make the final information form described in this subsection available to all ,states agencies that receive a grant under this section4 7i7 ,state report ,each ,state agency receiving a grant under this section shall use results from the surveys described in subsection 7f77#d71 and other pertinent information1 to submit an annual report to the ,secretary including the following3 7#a7 ,a description of the delivery method by which the information form was given to students1 and a measurement of the reach of such delivery method4 7#b7 ,the number of students who report being encouraged to pursue postsecondary education by the activities carried out under the grant program4 7#c7 ,a description of the barriers to the effectiveness of the grant program4 7#d7 ,an assessment of the cost-effectiveness of the grant program in improving access to postsecondary education4 7#e7 ,an identification of outcomes related to postsecondary education attendance1 including whether a student who received the information form reported being more likely1 as compared to before having received such form-- 7,a7 to submit an application to an institution of higher education2 7,b7 to take the ,,sat or ,,act2 and 7,c7 to file a ,free ,application for ,federal ,student ,aid described in section #dhc4 7#f7 ,the number of students who received the information form1 disaggregated by race1 ethnicity1 gender1 status as an ,english language learner1 status as an economically disadvantaged individual1 and status as an individual with a disability1 7except that such disaggregation shall not be required in a case in which the results would reveal personally identifiable information about an individual student7 who-- 7,a7 enrolled in an institution of higher education2 7,b7 applied for ,federal student financial aid2 and 7,c7 received ,federal student financial aid4 7#g7 ,a description of the impact of the grant program on the children of students who received the information form4 7j7 ,evaluation and dissemination of research on best practices ,the ,secretary1 acting through the ,director of the ,institute of ,education ,sciences1 shall-- 7#a7 develop performance measures1 taking into account the elements that are included in the ,state report described in subsection 7i71 for grantees to ascertain outcomes and progress related to the grant program2 7#b7 evaluate the demonstration program1 using both quantitative and qualitative methods1 to examine the effectiveness of delivery methods used in disseminating the information form to students2 and 7#c7 identify best practices and disseminate research on best practices-- 7,a7 to ,states1 ,state agencies administering a grant under this section1 local educational agencies1 community colleges1 adult education programs1 local workforce development boards1 and other interested stakeholders2 and 7,b7 by making such research publicly available on the website of the ,institute of ,education ,sciences4 7k7 ,implementation 7#a7 ,in general ,the ,secretary shall-- 7,a7 upon completion of the grant period1 use the results of the evaluation described in subsection 7j7 to work with all ,states to use the results of the evaluation described in subsection 7j7 to disseminate the information form to the most appropriate agency in each ,state2 and 7,b7 in cooperation with ,states1 institutions of higher education1 organizations involved in postsecondary education access and student financial aid1 employers1 and workforce development boards1 make special efforts to provide the information form to individuals who may qualify as independent students1 as defined in section #dhj7;d74 7#b7 ,state agencies ,not later than #a year after receiving the first information form from the ,secretary under paragraph 7#a71 each ,state that receives assistance under this ,act shall ensure that the ,state agency receiving the information form under paragraph 7#a77;,a7 distributes the information form to all adult students1 to the maximum extent practicable4 7l7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year #bjae and each of the following #b fiscal years4 4 #c ,federal supplemental education opportunity grants #djg4 ,authorization of appropriations ,section #dac;,a7b77#a7 7#bj ,u4,s4,c4 #ajgj;b7b77#a77 is amended by striking #bjji and inserting #bjae4 #djh4 ,institutional share of ,federal supplemental educational opportunity grants ,section #dac;,c7a77#b7 7#bj ,u4,s4,c4 #ajgj;b-#b7;a77#b77 is amended by striking #ge percent and inserting #ej percent4 #dji4 ,federal supplemental educational opportunity grants allocation of funds ,section #dac;,d 7#bj ,u4,s4,c4 #ajgj;b-#c7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,allocation based on previous allocation 7#a7 ,in ,general ,from the amount appropriated pursuant to section #dac;,a7b71 for each fiscal year1 the ,secretary shall allocate to each eligible institution an amount equal to not less than #ij percent and not more than #aaj percent of the amount that the eligible institution received under this subsection and subsection 7b7 7as such subsections were in effect with respect to allocations for such fiscal year7 for the previous fiscal year for which that institution received funds under this section4 7#b7 ,ratable reduction ,if the amount appropriated for any fiscal year is less than the amount required to be allocated to all institutions under paragraph 7#a71 then the amount of the allocation to each such institution shall be ratably reduced4 7#c7 ,no previous allocation ,in the case of an institution that has not received a previous allocation under this section1 the ,secretary shall allocate funds under this section solely on the basis of the need determination described under subsection 7c74 2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by striking ,to determine the need of an institution's eligible undergraduate students1 and inserting ,until such time as the ,secretary establishes a revised method to determine the need of an institution's eligible undergraduate students1 in accordance with paragraph 7#e712 and 7,b7 by adding at the end the following3 7#e7 ,not later than #a year after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall establish a revised method for determining the need of an institution's eligible undergraduate students1 as described in paragraph 7#b71 which shall take into account the number of low- and moderate-income students that an eligible institution serves4 ,the ,secretary shall promulgate any regulations necessary to carry out the revised methods of determining an eligible institution's need under this subsection4 4 #d ,american ,dream ,grants and ,,leap program #dae4 ,purpose2 appropriations authorized ,section #dae;,a 7#bj ,u4,s4,c4 #ajgj;c7 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a7 of subsection 7a71 by inserting to award ,american dream grants under section #dae;,g and before to make2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking subpart and all that follows through the period at the end and inserting subpart 7except for section #dae;,f7 such sums as may be necessary for fiscal year #bjae and each of the five succeeding fiscal years42 and 7,b7 by adding at the end the following3 7#d7 ,authorization of appropriations for ,american ,dream grants ,there are authorized to be appropriated to carry out section #dae;,f such sums as may be necessary for fiscal year #bjae and each of the five succeeding fiscal years4 4 #daf4 ,american ,dream grants ,subpart #d of part ,a of title ,,iv 7#bj ,u4,s4,c4 #ajgj;c et seq47 is amended-- 7#a7 by redesignating section #dae;,f as section #dae;,g2 and 7#b7 by adding at the end the following3 #dae;,f4 ,american dream grants 7a7 ,dreamer students 7#a7 ,in general ,in this section1 the term ,dreamer student means an individual who-- 7,a7 was younger than #af years of age on the date on which the individual initially entered the ,united ,states2 7,b7 has provided1 to the applicable ,state1 a list of each secondary school that the student attended in the ,united ,states2 and 7,c7 7i7 has earned a high school diploma or the recognized equivalent of such diploma from a secondary school1 has obtained a high school equivalency diploma in the ,united ,states1 or is scheduled to complete the requirements for such a diploma or equivalent before the next academic year begins2 7ii7 has acquired a degree from an institution of higher education or has completed not less than #b years in a program for a baccalaureate degree or higher degree at an institution of higher education in the ,united ,states and has made satisfactory progress1 as defined in section #dhd7;c71 in the program of study during such time period2 or 7iii7 has served in the uniformed services1 as defined in section #aja of title #aj1 ,united ,states ,code1 for not less than #d years and1 if discharged1 received an honorable discharge4 7#b7 ,hardship exception ,the ,secretary shall issue regulations that direct when a ,state shall waive the requirement of subparagraph 7,a7 or 7,b71 or both1 of paragraph 7#a7 for an individual to qualify as a ,dreamer student under such paragraph1 if the individual-- 7,a7 demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph 7,a7 or 7,b71 or both2 and 7,b7 satisfies the requirement of paragraph 7#a77;,c74 7b7 ,grants to ,states 7#a7 ,reservation for administration ,from the amounts appropriated to carry out this section for each fiscal year1 the ,secretary may reserve not more than #a percent of such amounts to administer this section4 7#b7 ,grants authorized to eligible ,states ,from the amounts appropriated to carry out this section for each fiscal year and not reserved under paragraph 7#a71 the ,secretary shall award grants1 through allotments under paragraph 7#d71 to eligible ,states to enable the eligible ,states to carry out the activities described in clauses 7i7 and 7ii7 of paragraph 7#c77;,a74 7#c7 ,eligible ,state ,in this section1 the term eligible ,state means a ,state that-- 7,a7 increases access and affordability to higher education for students by-- 7i7 offering in-,state tuition for ,dreamer students2 or 7ii7 expanding in-,state financial aid to ,dreamer students2 and 7,b7 submits an application to the ,secretary that contains an assurance that-- 7i7 notwithstanding any other provision of law1 the ,state will not discriminate in awarding student financial assistance or determining who is eligible for in-,state tuition1 against a ,dreamer student who resides in the ,state1 if the student otherwise qualifies for the assistance or tuition2 and 7ii7 for fiscal year #bjae and each of the #d succeeding fiscal years1 the ,state will maintain ,state support for public institutions of higher education located in the ,state 7not including support for capital projects1 research and development1 or tuition and fees paid by students7 at not less than the level of such support for fiscal year #bjac1 increased by a percentage equal to the estimated percentage increase in the ,consumer ,price ,index 7as such term is defined in section #dgh7;f77 between ,december #bjac and the ,december preceding the fiscal year for which the determination under this clause is being made4 7#d7 ,allotments ,the ,secretary shall allot the amount appropriated to carry out this section for each fiscal year and not reserved under paragraph 7#a7 among the eligible ,states in proportion to the number of ,dreamer students enrolled at least half-time in postsecondary education who reside in the ,state for the most recent fiscal year for which satisfactory data are available1 compared to the number of such students who reside in all eligible ,states for such fiscal year4 7c7 ,supplement not supplant ,grant funds awarded under this section shall be used to supplement1 and not supplant1 non-,federal funds that would otherwise be used for activities authorized under this section4 7d7 ,applicability ,the provisions of sections #dae;,b through #dae;,e shall not apply to the program authorized by this section4 4 #e ,reauthorization of appropriations for other part ,a programs4 #dag4 ,reauthorization of appropriations for other part ,a programs 7a7 ,special programs for students whose families are engaged in migrant and seasonal farmwork ,section #dah;,a7i7 7#bj ,u4,s4,c4 #ajgj;d-#b7;i77 is amended by striking #ge1jjj1jjj and all that follows through the period at the end and inserting such sums as may be necessary for fiscal year #bjae and each of the five succeeding fiscal years44 7b7 ,robert ,c4 ,byrd ,honors ,scholarship ,program ,section #dai,k 7#bj ,u4,s4,c4 #ajgj;d-#da7 is amended by striking #bjji and inserting #bjae4 7c7 ,child ,care ,access ,means ,parents in ,school ,section #dai,n7g7 7#bj ,u4,s4,c4 #ajgj;e7g77 is amended by striking #bjji and inserting #bjae4 ,b ,federal ,family ,education ,loan program #dba4 ,simplification of income-based repayment options for federally insured student loans 7a7 ,amendment replacing income-,sensitive replacement ,section #dbg7;a77#b77;,h7 7#bj ,u4,s4,c4 #ajgg7;a77#b77;,h77 is amended-- 7#a7 by striking graduated or income-sensitive repayment schedule and inserting graduated repayment schedule or income-based repayment schedule under section #dic;,c2 and 7#b7 by striking in accordance with the regulations of the ,secretary and inserting in accordance with section #dic;,c and regulations issued by the ,secretary4 7b7 ,effective date relating to termination of income-,sensitive repayment ,the amendments made by subsection 7a7 shall take effect on the date that is #a year after the date of enactment of this ,act4 #dbb4 ,improvements to military loan deferment2 clarification of ,,scra protections2 simplification of income-based repayment options 7a7 ,amendments ,section #dbh 7#bj ,u4,s4,c4 #ajgh7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,d71 by striking may1 following a default by the borrower1 be subject to income contingent repayment in accordance with subsection 7m7 and inserting may1 following a default by the borrower1 be subject to income-based repayment in accordance with subsection 7m7 and section #dic;,c7d72 7ii7 in subparagraph 7,e77i71 by striking standard1 graduated and all that follows and inserting standard1 graduated1 income-based1 or extended repayment schedule 7as described in paragraph 7#i771 established by the lender in accordance with the regulations of the ,secretary2 and 7iii7 in subparagraph 7,m7-- 7,i7 by redesignating clause 7iv7 as clause 7v72 7,,ii7 in clause 7iii71 by striking the borrower-- and all that follows through described in subclause 7,i7 or 7,,ii72 or and inserting the borrower is performing eligible military service1 and for the #ahj-;day period following the demobilization date for such eligible military service22 and 7,,iii7 by inserting after clause 7iii7 the following3 7iv7 not in excess of #ahj days after the effective movement date listed on the military orders of a borrower's spouse if that spouse is a member of the ,armed ,forces who has received military orders for a permanent change of station2 or 2 and 7,b7 in paragraph 7#i77;,a77iii71 by inserting and an income-sensitive repayment plan shall be available only for borrowers who have selected or been required to use such a plan before the date that is #a year after the date of enactment of the ,higher ,education ,affordability ,act before the semicolon at the end2 7#b7 in subsection 7d71 by striking section #bjg of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #ebg7 and inserting the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eja et seq472 and 7#c7 by striking subsection 7m7 and inserting the following3 7m7 ,income-,based repayment 7#a7 ,authority of ,secretary to require ,the ,secretary may require borrowers who have defaulted on loans made under this part that are assigned to the ,secretary under subsection 7c77#h7 to repay those loans under an income-based repayment plan1 under terms and conditions established by the ,secretary that are the same1 or similar to1 the terms and conditions established under such section4 7#b7 ,loans for which income-based repayment may be required ,a loan made under this part may be required to be repaid under this subsection if the note or other evidence of the loan has been assigned to the ,secretary pursuant to subsection 7c77#h74 4 7b7 ,rulemaking regarding termination of income contingent and income-,sensitive repayment plans ,by not later than #a year after the date of enactment of this ,act1 the ,secretary of ,education shall promulgate a final rule ending all eligibility for income contingent and income-sensitive repayment plans for loans made under part ,b or ,d of title ,,iv of the ,higher ,education ,act of #aife unless the borrowers have selected1 and remained continuously enrolled in1 such payment plans before the date that is #a year after the date of enactment of this ,act1 in accordance with the amendments made by this ,act4 7c7 ,effective date regarding income contingent and income-,sensitive repayment plans ,the amendments made by clauses 7i7 and 7ii7 of subparagraph 7,a71 and subparagraph 7,b71 of paragraph 7#a71 and by paragraph 7#c71 of subsection 7a7 shall take effect on the date that is #a year after the date of enactment of this ,act4 #dbc4 ,simplification of income-based repayment options for ,federal ,consolidation ,loans 7a7 ,amendments ,section #dbh;,c of such ,act 7#bj ,u4,s4,c4 #ajgh-c7 is amended-- 7#a7 by striking subclause 7,v7 of subsection 7a77#c77;,b77i7 and inserting the following3 7,v7 an individual may obtain a subsequent consolidation loan under section #dee7;g7 only-- 7aa7 for the purposes of obtaining income-based repayment under section #dic;,c1 and only if the loan has been submitted to the guaranty agency for default aversion or if the loan is already in default2 7bb7 for the purposes of using the public service loan forgiveness program under section #dee7m72 or 7cc7 for the purpose of using the no accrual of interest for active duty service members benefit offered under section #dee7o74 2 7#b7 in subsection 7b7-- 7,a7 by striking subparagraph 7,e7 of paragraph 7#a7 and inserting the following3 7,e7 that the lender shall-- 7i7 offer an income-based repayment schedule1 established by the lender in accordance with section #dic;,c and regulations promulgated by the ,secretary1 to the borrower of any consolidation loan made by the lender on or after ,july #a1 #aiid1 and before ,july #a1 #bjaj2 and 7ii7 only in the case of any borrower who has selected1 before the date that is #a year after the date of enactment of the ,higher ,education ,affordability ,act1 an income-sensitive repayment schedule1 in accordance with regulations promulgated by the ,secretary and as in effect on the day before the date that is #a year before such date of enactment1 continue to offer such borrower the income-sensitive repayment schedule until the borrower selects an alternative repayment schedule2 2 and 7,b7 in paragraph 7#e71 by inserting 7if such borrower has selected an income contingent repayment schedule before the date that is #a year after the date of enactment of the ,higher ,education ,affordability ,act7 after income contingent repayment under part ,d of this title2 and 7#c7 in subsection 7c7-- 7,a7 in the matter preceding clause 7i7 of paragraph 7#b77;,a71 by inserting 1 except that an income-sensitive repayment schedule shall only be available to borrowers who have selected such schedule before the date that is #a year after the date of enactment of the ,higher ,education ,affordability ,act after regulations of the ,secretary2 and 7,b7 in paragraph 7#c77;,b71 by inserting for borrowers who have selected income contingent repayment before the date that is #a year after the date of enactment of the ,higher ,education ,affordability ,act after subsection 7b77#e74 7b7 ,effective date for termination of income-,sensitive or income contingent repayment plans ,the amendments made by subsection 7a7 shall take effect on the date that is #a year after the date of enactment of this ,act4 #dbd4 ,reasonable collection costs and rehabilitation payments ,section #dbh;,f 7#bj ,u4,s4,c4 #ajgh-f7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking item 7aa7 of paragraph 7#a77;,d77i77,,ii7 and inserting the following3 7aa7 charge to the borrower an amount that is reasonable and that does not exceed the bona fide collection costs associated with such loan that are actually incurred in collecting the debt against the borrower1 which amount shall not exceed #af percent of the outstanding principal and interest at the time of the loan sale2 and 2 and 7,b7 by striking paragraph 7#e72 and 7#b7 by adding at the end the following3 7d7 ,determination of reasonable and affordable 7#a7 ,in general ,for purposes of this section1 a monthly payment shall be reasonable and affordable based upon the borrower's total financial circumstances if the payment is the equivalent of a monthly payment amount determined for a borrower under the income-based repayment plan under section #dic;,c1 except that in no cases shall the monthly payment under this section be less than #e4 7#b7 ,appeals process ,the ,secretary shall establish a clear and accessible process for appealing the monthly payment amount determined as reasonable and affordable under this section in any case where a borrower believes that the borrower's monthly payment amount is incorrect1 or that the amount calculated for the borrower under paragraph 7#a7 is based on incorrect information or is unreasonable based on the borrower's total circumstances4 4 #dbe4 ,,ffel loan forgiveness for certain ,american ,indian educators ,section #dbh;,j7c7 7#bj ,u4,s4,c4 #ajgh-aj7;c77 is amended by adding at the end the following3 7#d7 ,american ,indian teachers in local educational agencies with a high percentage of ,american ,indian students ,notwithstanding the amount specified in paragraph 7#a7 and the requirements under subparagraphs 7,a7 and 7,b7 of subsection 7b77#a71 the aggregate amount that the ,secretary shall repay under this section shall be not more than #ag1ejj in the case of a borrower who-- 7,a7 has been employed as a full-time teacher for #e consecutive complete school years in a local educational agency described in section #gaab7;b7 of the ,elementary and ,secondary ,education ,act of #aife or in a school operated or funded by the ,bureau of ,indian ,education2 and 7,b7 is a member of an ,indian tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b774 4 #dbf4 ,reauthorization of appropriations for certain loan forgiveness programs 7a7 ,loan forgiveness for service in areas of national needs ,section #dbh,k7h7 7#bj ,u4,s4,c4 #ajgh-aa7;h77 is amended by striking #bjji and inserting #bjae4 7b7 ,loan repayment for civil legal assistance attorneys ,section #dbh,l7i7 7#bj ,u4,s4,c4 #ajgh-aa7;i77 is amended by striking #aj1jjj1jjj and all that follows through the period at the end and inserting such sums as may be necessary for fiscal year #bjae and each of the five succeeding fiscal years44 #dbg4 ,improvements to credit reporting for ,federal student loans ,section #dcj;,a 7#bj ,u4,s4,c4 #ajhj;,a7 is amended-- 7#a7 by redesignating subsections 7d7 through 7f7 as subsections 7e7 through 7g71 respectively2 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,treatment of rehabilitation and income-,based repayment and income contingent repayment plans 7#a7 ,necessary steps ,the ,secretary and each guaranty agency1 eligible lender1 and subsequent holder of a loan shall take all necessary steps to ensure that information furnished under this section about a loan covered by ,federal loan insurance pursuant to this part or covered by a guaranty agreement pursuant to section #dbh1 or a loan made under part ,d1 is reported in a manner that reflects the unique attributes of a ,federal student loan under this title4 ,the necessary steps required shall include-- 7,a7 furnishing consumer reporting agencies with information about a loan's delinquency1 default1 post-default performance1 rehabilitation1 and post-rehabilitation performance1 as applicable1 in a manner that ensures the entire loan history is reported as a single open account for the duration of the borrower's financial obligation2 7,b7 reporting a payment as paid as agreed if the payment made-- 7i7 satisfies the terms of the borrower's income-based repayment plan under section #dic;,c or any income contingent repayment plan authorized under section #dee7;e72 or 7ii7 is a reasonable and affordable payment made by a borrower subject to section #dbh;,f that meet the requirements of such section2 and 7,c7 for purposes of payments under an income-based repayment plan under section #dic;,c or any income contingent repayment plan authorized under section #dee7;e71 any additional steps that the ,secretary determines necessary1 through rulemaking or published guidance1 based on the results of the study performed under section #ajah of the ,higher ,education ,affordability ,act4 7#b7 ,application to agents and contractors ,the requirements of paragraph 7#a7 shall apply to any person furnishing information about loan performance on behalf of the ,secretary1 a guaranty agency1 eligible lender1 or subsequent holder of a loan1 including third party student loan servicers or collectors4 4 #dbh4 ,reduced duplication in student loan servicing ,section #dcb7l77#d7 7#bj ,u4,s4,c4 #ajhb7l77#d77 is amended by striking simplifying and standardizing and inserting simplifying1 standardizing1 and reducing duplication in4 #dbi4 ,improved determination of cohort default rates2 publication of default prevention plan ,section #dce 7#bj ,u4,s4,c4 #ajhe7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by adding at the end the following3 7,e7 ,in any case where the ,secretary has determined that the institution has engaged in default manipulation1 the ,secretary-- 7i7 shall recalculate the cohort default rate for the institution under this section using corrected data and information1 for all fiscal years for which the default manipulation has occurred2 and 7ii7 using the recalculated cohort default rate1 shall redetermine under subsection 7a77#b7 whether the institution is ineligible to participate in a program under this title4 2 and 7,b7 in paragraph 7#g77;,a71 by adding at the end the following3 7iii7 ,summary of default prevention plan ,upon receiving technical assistance from the ,secretary under clause 7ii71 each institution subject to this subparagraph shall-- 7,i7 prepare a summary of the plan described under clause 7i7 that is directed to a student audience2 7,,ii7 make the summary publicly available2 and 7,,iii7 provide the summary to students at the institution4 2 and 7#b7 in subsection 7m77#c71 by striking through the use of and all that follows through the period at the end and inserting through default manipulation44 #dcj4 ,improved disability determinations 7a7 ,in general ,section #dcg7;a7 7#bj ,u4,s4,c4 #ajhg7;a77 is amended-- 7#a7 in the matter preceding subparagraph 7,a7 of paragraph 7#a71 by striking ,notwithstanding any other provision of this subsection1 and inserting ,except as provided in paragraph 7#d712 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,service-connected disability determinations 7,a7 ,in general ,a borrower who has been determined by the ,secretary of ,veterans ,affairs or ,secretary of ,defense to be unemployable due to a service-connected condition and who provides documentation of such determination to the ,secretary of ,education1 shall be considered permanently and totally disabled for the purpose of discharging such borrower's loans under this subsection1 and such borrower shall not be required to present additional documentation for purposes of this subsection4 7,b7 ,determination by the secretary of veterans affairs or the secretary of defense 7i7 ,in general ,a borrower who has been assigned a disability rating of #ajj percent 7or a combination of ratings equaling #ajj percent or more7 by the ,secretary of ,veterans ,affairs or the ,secretary of ,defense for a service-connected disability 7as defined in section #aja of title #ch1 ,united ,states ,code7 and who provides documentation of such rating to the ,secretary of ,education1 shall be considered permanently and totally disabled for the purpose of discharging such borrower's loans under this subsection1 and such borrower shall not be required to present any additional documentation for purposes of this subsection4 7ii7 ,rating of disability ,a disability rating described in clause 7i71 or similar determination of unemployability by the ,secretary of ,veterans ,affairs or the ,secretary of ,defense1 transmitted in accordance with clause 7iii7 shall be considered sufficient documentation for purposes of this subsection4 7iii7 ,transfer of information ,not later than #ahj days after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary1 in coordination with the ,secretary of ,defense and the ,secretary of ,veteran ,affairs1 shall create a system through which the applicable disability ratings 7or alternative means of transmitting a determination of unemployability7 shall be automatically transmitted from the ,department of ,defense or the ,department of ,veterans ,affairs1 as the case may be1 to the ,department of ,education and shall satisfy the documentation requirement described in this subparagraph4 ,the ,secretary shall have the authority to enter into any agreements necessary to implement the requirements of this subparagraph4 7#c7 ,disability determinations by the ,social ,security administration ,a borrower who has been determined by the ,social ,security ,administration to be disabled with medical improvement not expected and who provides documentation of such determination to the ,secretary of ,education1 shall be considered permanently and totally disabled for the purpose of discharging such borrower's loans under this subsection1 and such borrower shall not be required to present additional documentation for purposes of this subsection4 7#d7 ,reinstatement provisions ,a borrower of a loan that is discharged under paragraph 7#b7 or 7#c7 shall not be subject to the reinstatement provisions described in paragraph 7#a74 7#e7 ,data collection and report to congress 7,a7 ,data collection ,the ,secretary shall annually collect data about borrowers applying for1 and borrowers receiving1 loan discharges under this subsection1 which shall include the following3 7i7 ,data regarding-- 7,i7 the number of applications received under this subsection2 7,,ii7 the number of such applications that were approved2 and 7,,iii7 the number of loan discharges that were completed under this subsection4 7ii7 ,a summary of the reasons why the ,secretary reinstated the obligation of1 and resumed collection on1 loans discharged under this subsection4 7iii7 ,the data described in subclauses 7,i7 through 7,,iii7 of clause 7i71 and clause 7ii71 for each of the following3 7,i7 ,borrowers applying for1 and borrowers receiving1 loan discharges under paragraph 7#b77;,a74 7,,ii7 ,borrowers applying for1 and borrowers receiving1 loan discharges under paragraph 7#b77;,b74 7,,iii7 ,borrowers applying for1 and borrowers receiving1 loan discharges under paragraph 7#c74 7iv7 ,any other information the ,secretary determines is necessary4 7,b7 ,report ,the ,secretary shall annually report to ,congress1 and make publicly available1 the information described in subparagraph 7,a74 4 7b7 ,reports 7#a7 ,plan ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,education shall submit to the appropriate committees of ,congress a report that includes a plan to carry out the activities described under section #dcg7;a77#b77;,b77iii7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg7;a77#b77;,b77iii771 as amended by this section4 7#b7 ,follow-up ,report ,if the ,secretary of ,education has not carried out the activities described under section #dcg7;a77#b77;,b77iii7 of the ,higher ,education ,act of #aife1 as amended by this section1 by the date that is #a year after the date of enactment of this ,act1 the ,secretary of ,education shall submit to the appropriate committees of ,congress1 by such date1 a report that includes an explanation of why those activities have not been implemented4 #dca4 ,treatment of borrowers falsely certified as eligible to borrow due to identity theft ,section #dcg7;c77#a7 7#bj ,u4,s4,c4 #ajhg7;c77#a77 is amended by striking of a crime4 ,c ,federal work-,study programs #dda4 ,authorization of appropriations ,section #dda7;b7 7#db ,u4,s4,c4 #bgea7;b77 is amended by striking #bjji and inserting #bjae4 #ddb4 ,federal work study allocation of funds ,section #ddb 7#db ,u4,s4,c4 #bgeb7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,allocation based on previous allocation 7#a7 ,in ,general ,from the amount appropriated pursuant to section #dda7;b71 for each fiscal year1 the ,secretary shall allocate to each eligible institution an amount equal to not less than #ij percent and not more than #aaj percent of the amount that the eligible institution received under this subsection and subsection 7b7 7as such subsections were in effect with respect to allocations for such fiscal year7 for the previous fiscal year for which that institution received funds under this section4 7#b7 ,ratable reduction ,if the amount appropriated for any fiscal year is less than the amount required to be allocated to all institutions under paragraph 7#a71 then the amount of the allocation to each such institution shall be ratably reduced4 7#c7 ,no previous allocation ,in the case of an institution that has not received a previous allocation under this section1 the ,secretary shall allocate funds under this section solely on the basis of the self-help need determination described under subsection 7c74 2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by striking ,to determine the self-help need of an institution's eligible undergraduate students1 and inserting ,until such time as the ,secretary establishes a revised method to determine the self-help need of an institution's eligible undergraduate students1 in accordance with paragraph 7#e712 7,b7 in paragraph 7#c71 by striking ,to determine the self-help need of an institution's eligible graduate and professional students1 and inserting ,until such time as the ,secretary establishes a revised method to determine the self-help need of an institution's eligible graduate and professional students1 in accordance with paragraph 7#e712 and 7,c7 by adding at the end the following3 7#e7 ,not later than #a year after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall establish revised methods for determining the self-help need of an institution's eligible undergraduate students1 as described in paragraph 7#b71 and eligible graduate and professional students1 as described in paragraph 7#c71 which shall take into account the number of low- and moderate-income students that an eligible institution serves4 ,the ,secretary shall promulgate any regulations necessary to carry out the revised methods of determining an eligible institution's self-help need under this subsection4 4 #ddc4 ,institutional share of ,federal work study funds ,section #ddc7;b77#e7 7#db ,u4,s4,c4 #bgec7;b77#e77 is amended by striking #ge percent and inserting #ej percent each place the term appears4 #ddd4 ,additional funds to conduct community service work-study programs ,section #ddg7;b77#d7 7#db ,u4,s4,c4 #bgef;a7b77#d77 is amended by striking #bjji and inserting #bjae4 #dde4 ,work colleges ,section #ddh7;f7 7#db ,u4,s4,c4 #bgef;b7f77 is amended by striking #bjji and inserting #bjae4 ,d ,federal ,direct ,loan program #dea4 ,elimination of origination fees and other amendments to terms and conditions of loans 7a7 ,amendments ,section #dee 7#bj ,u4,s4,c4 #ajhg;e7 is amended-- 7#a7 by repealing subsection 7c72 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,d71 by inserting or to any borrower who has not selected the income contingent repayment plan before the date that is #a year after the date of enactment of the ,higher ,education ,affordability ,act before the semicolon at the end2 and 7,b7 in paragraph 7#e7-- 7i7 by striking subparagraph 7,a7 and inserting the following3 7,a7 pay collection costs in an amount that is reasonable and that does not exceed the bona fide collection costs associated with such student loan that are actually incurred in collecting the debt against the borrower2 and 2 and 7ii7 in subparagraph 7,b71 by striking income contingent repayment plan and inserting income-based repayment plan1 as provided in #dic;,c2 7#c7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking ,the ,secretary may and inserting ,with respect to borrowers who have selected1 or been required to use1 an income contingent repayment plan before the date that is #a year after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary may2 7,b7 in paragraph 7#c71 by inserting before the date that is #a year after the date of enactment of the ,higher ,education ,affordability ,act after income contingent repayment2 7,c7 by striking paragraph 7#f72 and 7,d7 by redesignating paragraph 7#g7 as paragraph 7#f72 7#d7 in subsection 7f77#b7-- 7,a7 in subparagraph 7,c71 by striking the borrower-- and all that follows through described in clause 7i7 or 7ii72 or and inserting the borrower is performing eligible military service1 and for the #ahj-;day period following the demobilization date for such eligible military service22 7,b7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7,c7 by inserting after subparagraph 7,c7 the following3 7,d7 any period not in excess of #ahj days after the effective movement date listed on the military orders of a borrower's spouse if that spouse is a member of the ,armed ,forces who has received military orders for a permanent change of station2 or 2 7#e7 by striking subsection 7h7 and inserting the following3 7h7 ,borrower claims and defenses 7#a7 ,in general ,notwithstanding any other provision of ,state or ,federal law1 a borrower1 regardless of the account status of the borrower's loan1 may assert as an affirmative claim or defense against repayment1 any act or omission of an institution of higher education attended by the borrower that would give rise to a cause of action against the institution under this ,act1 other ,federal law1 or applicable ,state law1 except that in no event may a borrower recover from the ,secretary1 in any action arising from or relating to a loan made under this part1 an amount in excess of the amount such borrower has repaid on such loan4 7#b7 ,exercise by ,secretary ,the ,secretary may elect to carry out the authority under this subsection on behalf of a group of multiple borrowers if the ,secretary determines that the group has been harmed by the same act1 omission1 or practice4 2 7#f7 in subsection 7m7-- 7,a7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,lump sum payment ,for purposes of this subsection1 if a borrower has enrolled in a repayment plan described in paragraph 7#a77;,a7 and makes a lump sum payment through a student loan repayment program under section #baga of title #aj1 ,united ,states ,code1 or a similarly structured eligible repayment program 7as determined by the ,secretary71 the ,secretary will treat the borrower as having made a number of qualifying payments equal to the lesser of-- 7,a7 the number1 rounded to the nearest whole number1 equal to the quotient of-- 7i7 such lump sum payment2 divided by 7ii7 the monthly payment amount that the borrower would have otherwise made under the repayment plan described in paragraph 7#a77;,a7 selected by the borrower2 or 7,b7 #ab payments4 2 and 7#g7 in subsection 7o7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,notwithstanding any other provision of this part and in accordance with paragraphs 7#b7 and 7#d71 the ,secretary shall not charge interest on a loan made to a borrower under this part for which the first disbursement is made on or after ,october #a1 #bjjh1 during the period in which a borrower who is performing eligible military service is serving in an area of hostilities in which service qualifies for special pay under section #caj of title #cg1 ,united ,states ,code4 2 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,implementation of accrual of interest provision for members of the ,armed ,forces 7,a7 ,in general ,the ,secretary of ,education shall enter into any necessary agreements1 including agreements with the ,commissioner of the ,internal ,revenue ,service and the ,secretary of ,defense-- 7i7 to ensure that interest does not accrue for eligible military borrowers1 in accordance with this subsection2 and 7ii7 to obtain or provide any information necessary to implement clause 7i7 without requiring a request from the borrower4 7,b7 ,reports 7i7 ,plan ,not later than #ij days after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall submit to the appropriate committees of ,congress a report that includes a plan to implement the accrual of interest provision described in subparagraph 7,a74 7ii7 ,follow-up report ,if the ,secretary has not implemented the accrual of interest provision described in subparagraph 7,a7 by the date that is #a year after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall submit1 by such date1 a report that includes an explanation of why such provision has not been implemented4 2 and 7,c7 in paragraph 7#d71 by striking who qualifies as an eligible military borrower under this subsection and inserting described in paragraph 7#a74 7b7 ,effective dates 7#a7 ,repeal of loan fees ,the amendment made by subsection 7a77#a7 shall apply with respect to loans made under part ,d of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;a et seq47 for which the first disbursement of principal is made1 or1 in the case of a ,federal ,direct ,consolidation ,loan made under such part1 the application is received1 on or after ,july #a1 #bjad4 7#b7 ,terminating income contingent repayment ,the amendments made by subparagraphs 7,a7 and 7,b77ii7 of paragraph 7#b71 and paragraph 7#c71 of subsection 7a7 shall take effect on the date that is #a year after the date of enactment of this ,act4 #deb4 ,improved student loan servicing and debt collection practices 7a7 ,amendments ,section #def 7#bj ,u4,s4,c4 #ajhg;f7 is amended by adding at the end the following3 7c7 ,limitation on contracts for the servicing of loans 7#a7 ,in general ,a contract entered into under this section for the servicing of loans made or purchased under this part shall include-- 7,a7 a provision that prohibits the servicer from marketing to a borrower of a loan which the servicer services1 a financial product or service while the borrower is enrolled in an institution of higher education2 7,b7 a provision that1 after the borrower is no longer enrolled in an institution of higher education1 the servicer may only market a financial product or service to the borrower through an opt-in rather than an opt-out system2 and 7,c7 a provision that1 to the extent practicable1 the servicer shall clearly disclose in any written material or correspondence sent or made available to the borrower 7including correspondence and disclosures on the website of the servicer7 that the material or correspondence is in relation to a ,department of ,education loan4 7#b7 ,no predispute arbitration clauses ,a contract entered into under this section for the servicing of loans made or purchased under this part shall include a provision that any rights and remedies available to borrowers against the servicer may not be waived by any agreement1 policy1 or form1 including by a predispute arbitration agreement4 7d7 ,study of direct loan debt collection 7#a7 ,in general ,the ,secretary shall conduct a study to determine whether it is efficient and effective to contract with private entities under this section for the collection of loans made or purchased under this part that are in default4 7#b7 ,evaluation method ,for purposes of the study described in paragraph 7#a71 the ,secretary shall evaluate efficiency and effectiveness in terms of-- 7,a7 the cost incurred by the ,federal ,government for the collections of defaulted loans under this part through contracts under this section1 and such cost in comparison with the costs of other methods by which debt owed to the ,federal ,government are collected or recovered1 including the collection of any unpaid ,federal income taxes2 7,b7 the consumer protections provided to the borrower who has defaulted on a loan under this part through the collections process2 7,c7 the impact of the collections process for defaulted loans under this part on the integrity of the loan program carried out under this part2 and 7,d7 borrower experience1 as determined through borrower surveys4 7#c7 ,recovery costs 7,a7 ,in general ,as part of the study conducted under this subsection1 the ,secretary shall calculate the average recovery cost1 per dollar recovered1 through the collection of defaulted loans made under this part1 in the aggregate for all borrowers of defaulted loans and disaggregated for the following categories of borrowers of defaulted loans3 7i7 ,veterans with a service-connected disability 7as defined in section #aja of title #ch1 ,united ,states ,code74 7ii7 ,individuals who are entitled to benefits under section #bbc of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc74 7iii7 ,individuals who are allowed an earned income tax credit pursuant to section #cb of the ,internal ,revenue ,code of #aihf4 7iv7 ,recipients of assistance under the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7,b7 ,consultation ,the ,secretary shall consult with the ,secretary of the ,treasury1 the ,administrator of the ,social ,security ,administration1 the ,secretary of ,veterans ,affairs1 and the ,secretary of ,agriculture1 as appropriate1 in order to identify individuals in the categories described in clauses 7i7 through 7iv7 of subparagraph 7,a7 and to calculate the average recovery cost per dollar recovered for each category of borrowers4 7#d7 ,additional information regarding costs ,the ,secretary may directly carry out collection activities for a subset of defaulted loans under this part1 instead of awarding contracts under subsection 7b77#b7 for such activities1 if the ,secretary determines it would better inform the study required under paragraph 7#a74 7#e7 ,report ,by not later than the date that is #a year after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall prepare and submit to the authorizing committees a report that includes the findings of the study conducted under paragraph 7#a74 7e7 ,certification necessary for continued private debt collections 7#a7 ,certification ,not later than #a year after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall submit to the authorizing committees1 and make available to the public-- 7,a7 a certification that the ,secretary has determined1 based on the results of the study conducted under subsection 7d71 that-- 7i7 the use of private entities for the collection of defaulted loans made or purchased under this part is necessary to maintain the integrity of the loan program carried out under this part2 7ii7 the collection costs paid to such private entities under the contracts authorized by this section1 in the aggregate and for each category of borrowers described in subsection 7d77#c77;,a71 are reasonable2 and 7iii7 expending funds for such collection costs is in the best financial interest of the ,united ,states2 or 7,b7 a notification that the ,secretary will not issue the certification described in subparagraph 7,a74 7#b7 ,prohibition of contracts for private debt collections without certification ,notwithstanding subsection 7b77#b71 beginning on the date that is #a year after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall not enter into any contract with a private entity under this section for the collection of defaulted loans made or purchased under this part if the ,secretary did not issue the certification described in paragraph 7#a77;,a7 by such date4 7f7 ,termination of contracts 7#a7 ,termination ,the ,secretary shall terminate any contract with an entity for the collection of defaulted loans made or purchased under this part if the entity1 an affiliate of that entity1 or a service provider of the entity is found to have committed a violation of-- 7,a7 the prohibition on unfair1 deceptive1 or abusive acts or practices under section #ajca of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #eeca71 including the regulations promulgated under such section1 relating to the services performed pursuant to a contract under this section2 or 7,b7 the ,fair ,debt ,collection ,practices ,act 7#ae ,u4,s4,c4 #afib et seq471 including the regulations promulgated under such ,act1 relating to the services performed pursuant to a contract under this section4 7#b7 ,prohibition on additional contracts ,if the ,secretary terminates a contract with an entity under paragraph 7#a71 such entity-- 7,a7 shall not be eligible to participate in the next award cycle for contracts relating to the collection of defaulted loans made or purchased under this part that follows the date of termination of the contract2 and 7,b7 shall not be eligible to receive any new contract relating to the collection of such defaulted loans during the #b-year period beginning on the date of termination4 7#c7 ,identification of other violations 7,a7 ,in general ,in any case where the ,secretary obtains evidence that any person or entity has engaged in debt collection practices described in paragraph 7#a7 that may constitute a violation of ,federal law1 the ,secretary shall transmit such evidence to the ,director of the ,bureau of ,consumer ,financial ,protection for further proceedings under the appropriate law4 7,b7 ,rule of construction ,nothing in this paragraph shall be construed to affect any other authority provided to the ,secretary to disclose information to a ,federal agency4 4 7b7 ,study and report on specialty servicing contracts 7#a7 ,in general ,the ,secretary of ,education1 in consultation with the ,director of the ,bureau of ,consumer ,financial ,protection and the ,secretary of the ,treasury1 shall-- 7,a7 conduct a study as to whether specialty servicing contracts in the ,federal ,direct ,loan ,program under part ,d of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;a et seq47 could better serve varying segments of student loan borrowers1 and1 in particular1 the unique needs of borrowers in delinquency or experiencing partial financial hardship and the allocation of servicer resources to assist such borrower segment2 and 7,b7 not later than #ahj days after the date of enactment of this ,act1 submit a report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 and the ,committee on ,education and the ,workforce and the ,committee on ,financial ,services of the ,house of ,representatives1 on the study described in subparagraph 7,a74 7#b7 ,specialty servicing contract ,in this subsection1 the term specialty servicing contract means a contract-- 7,a7 entered into pursuant to section #def of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;f7 for the servicing of loans made or purchased under part ,d of title ,,iv of such ,act 7#bj ,u4,s4,c4 #ajhg;a et seq47 that provides for servicing loans for a distinct and specified subset of borrowers2 and 7,b7 that may be compensated at a greater level for such services1 as determined appropriate by the ,secretary of ,education4 7c7 ,report on servicer compensation 7#a7 ,in general ,the ,secretary of ,education1 in consultation with the ,director of the ,bureau of ,consumer ,financial ,protection and the ,secretary of the ,treasury1 shall conduct a report-- 7,a7 on the compensation and incentive structure for servicers of loans made1 insured1 or guaranteed under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 and whether servicers adequately encourage repayment1 as well as the use of alternative repayment options and discharge where appropriate2 and 7,b7 that includes an analysis of the criteria utilized by the ,department of ,education in determining performance-based allocation of account volume in entering into contracts for servicing of loans made or purchased under part ,d of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;a et seq471 and the effectiveness of those metrics in promoting repayment4 7#b7 ,comments from the public ,in conducting the report under paragraph 7#a71 the ,secretary of ,education1 in consultation with the ,director of the ,bureau of ,consumer ,financial ,protection and the ,secretary of the ,treasury1 shall seek and take comments from the public4 7#c7 ,procedures to implement recommendations ,if the report conducted under paragraph 7#a7 includes recommendations on measures to improve the incentive structure1 the report shall also include the procedures to implement such recommendations4 7#d7 ,publication ,the report conducted under paragraph 7#a7 shall be published not later than #ahj days after the date of enactment of this ,act4 7d7 ,report and plan on ,,ffel servicing 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,education1 in consultation with the ,director of the ,bureau of ,consumer ,financial ,protection and the ,secretary of the ,treasury1 shall publish a report that identifies whether the public has adequate visibility into the market of loan servicing under part ,b of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajga et seq47 to adequately assess the performance of such servicing under such part1 including-- 7,a7 the utilization of alternative repayment plans2 7,b7 the distribution of delinquent and defaulted loan balances2 and 7,c7 loan performance by institution type4 7#b7 ,plan ,if the ,secretary of ,education1 in consultation with the ,director of the ,bureau of ,consumer ,financial ,protection and the ,secretary of the ,treasury1 determines that the public does not have enough visibility into the market of loan servicing1 as described in paragraph 7#a71 the ,secretary of ,education1 in consultation with the ,director of the ,bureau of ,consumer ,financial ,protection and the ,secretary of the ,treasury1 shall establish a plan to disclose such information necessary to provide for such visibility4 7e7 ,report on servicing challenges ,the ,secretary of ,education shall periodically issue a report1 at times determined appropriate by the ,secretary1 about the challenges borrowers face in the servicing of their student loans1 impediments to the efficient and effective servicing of loans under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq471 and any changes1 including protections for consumers1 that should be considered to improve postsecondary education loan servicing for all borrowers1 servicers1 taxpayers1 and the ,department of ,education4 #dec4 ,funds for administrative expenses ,section #deh7;a7 7#bj ,u4,s4,c4 #ajhg;h7a77 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 in the paragraph heading1 by striking #bjjg through #bjad and inserting #bjae through #bjbj2 and 7,b7 by striking #bjjg through #bjad and inserting #bjae through #bjbj2 7#b7 in paragraph 7#d71 by striking #bjjg through #bjad and inserting #bjae through #bjbj2 and 7#c7 in paragraph 7#e71 by striking paragraph 7#c7 and inserting paragraph 7#d74 #ded4 ,federal ,direct ,loan forgiveness for certain ,american ,indian educators ,section #dfj7;c7 7#bj ,u4,s4,c4 #ajhg;j7c77 is amended by adding at the end the following3 7#d7 ,american ,indian teachers in local educational agencies with a high percentage of ,american ,indian students ,notwithstanding the amount specified in paragraph 7#a7 and the requirements under subparagraphs 7,a7 and 7,b7 of subsection 7b77#a71 the aggregate amount that the ,secretary shall cancel under this section shall be not more than #ag1ejj in the case of a borrower who-- 7,a7 has been employed as a full-time teacher for #e consecutive complete school years in a local educational agency described in section #gaab7;b7 of the ,elementary and ,secondary ,education ,act of #aife or in a school operated or funded by the ,bureau of ,indian ,education2 and 7,b7 is a member of an ,indian tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b774 4 ,e ,federal ,perkins ,loans #dfa4 ,appropriations authorized ,section #dfa7;b7 7#bj ,u4,s4,c4 #ajhg;aa7 is amended-- 7#a7 in paragraph 7#a71 by striking #cjj1jjj1jjj and all that follows through the period at the end and by inserting such sums as may be necessary for fiscal year #bjae and each of the five succeeding fiscal years42 and 7#b7 in paragraph 7#b71 by striking #bjae each place the term appears and inserting #bjba4 #dfb4 ,perkins allocation of funds ,section #dfb 7#bj ,u4,s4,c4 #ajhg;bb7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,allocation based on previous allocation 7#a7 ,in ,general ,from the amount appropriated pursuant to section #dfa7;b71 for each fiscal year1 the ,secretary shall allocate to each eligible institution an amount equal to not less than #ij percent and not more than #aaj percent of the amount that the eligible institution received under this subsection and subsection 7b7 7as such subsections were in effect with respect to allocations for such fiscal year7 for the previous fiscal year for which that institution received funds under this section4 7#b7 ,ratable reduction ,if the amount appropriated for any fiscal year is less than the amount required to be allocated to all institutions under paragraph 7#a71 then the amount of the allocation to each such institution shall be ratably reduced4 7#c7 ,no previous allocation ,in the case of an institution that has not received a previous allocation under this section1 the ,secretary shall allocate funds under this section solely on the basis of the self-help need determination described under subsection 7c74 2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by striking ,to determine the self-help need of an institution's eligible undergraduate students1 and inserting ,until such time as the ,secretary establishes a revised method to determine the self-help need of an institution's eligible undergraduate students1 in accordance with paragraph 7#e712 7,b7 in paragraph 7#c71 by striking ,to determine the self-help need of an institution's eligible graduate and professional students1 and inserting ,until such time as the ,secretary establishes a revised method to determine the self-help need of an institution's eligible graduate and professional students1 in accordance with paragraph 7#e712 and 7,c7 by adding at the end the following3 7#e7 ,not later than #a year after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall establish revised methods for determining the self-help need of an institution's eligible undergraduate students1 as described in paragraph 7#b71 and eligible graduate and professional students1 as described in paragraph 7#c71 which shall take into account the number of low- and moderate-income students that an eligible institution serves4 ,the ,secretary shall promulgate any regulations necessary to carry out the revised methods of determining an eligible institution's self-help need under this subsection4 4 #dfc4 ,institutional contributions for ,perkins ,section #dfc7;a77#b77;,b7 7#bj ,u4,s4,c4 #ajhg;cc7a77#b77;,b77 is amended by striking one-third of the ,federal capital contributions and inserting #ej percent of the ,federal capital contributions4 #dfd4 ,simplification of military deferment eligibility ,section #dfd7;c77#b77;,a7 7#bj ,u4,s4,c4 #ajhg;dd7c77#b77;,a77 is amended-- 7#a7 by redesignating clauses 7iv7 and 7v7 as clauses 7v7 and 7vi71 respectively2 7#b7 in clause 7iii71 by striking the borrower-- and all that follows through described in subclause 7,i7 or 7,,ii72 and inserting during which the borrower is performing eligible military service1 and for the #ahj-;day period following the demobilization date for such eligible military service22 and 7#c7 by inserting after clause 7iii7 the following3 7iv7 not in excess of #ahj days after the effective movement date listed on the military orders of a borrower's spouse if that spouse is a member of the ,armed ,forces who has received military orders for a permanent change of station2 or 4 #dfe4 ,forgiveness of loans for eligible military service ,section #dfe7;a77#b77;,d7 7#bj ,u4,s4,c4 #ajhg;ee7a77#b77;,d77 is amended by striking qualifies for special pay under section #caj of title #cg1 ,united ,states ,code1 as an area of hostilities and inserting is eligible military service4 #dff4 ,distribution of assets from student loan funds ,section #dff7;b7 7#bj ,u4,s4,c4 #ajhg;ff7b77 is amended by striking ,october #a1 #bjab and inserting ,october #a1 #bjba4 ,f ,need analysis #dga4 ,increased income protection allowance for dependent students 7a7 ,amendment ,section #dge7;g77#b77;,d7 7#bj ,u4,s4,c4 #ajhgoo7g77#b77;,d77 is amended to read as follows3 7,d7 an income protection allowance 7or a successor amount prescribed by the ,secretary under section #dgh7 of #h1dea for academic year #bjae-bjaf2 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on ,july #a1 #bjae4 #dgb4 ,increased income protection allowance for independent students without dependents other than a spouse 7a7 ,amendment ,section #dgf7;b77#a77;,a77iv7 7#bj ,u4,s4,c4 #ajhgpp7b77#a77;,a77iv77 is amended to read as follows3 7iv7 an income protection allowance 7or a successor amount prescribed by the ,secretary under section #dgh7-- 7,i7 for single or separated students1 or married students where both are enrolled pursuant to subsection 7a77#b71 of #ac1ace for academic year #bjae-bjaf2 and 7,,ii7 for married students where #a is enrolled pursuant to subsection 7a77#b71 of #ba1jfj for academic year #bjae-bjaf2 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on ,july #a1 #bjae4 #dgc4 ,increased income protection allowance for independent students with dependents other than a spouse 7a7 ,amendment ,section #dgg7;b77#d7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgqq7b77#d77 is amended to read as follows3 7#d7 ,income protection allowance ,the income protection allowance is determined by the following table 7or a successor table prescribed by the ,secretary under section #dgh71 for academic year #bjae-bjaf3 ,income ,protection ,allowance,family ,size,number in ,college7including student7#abcde;,for each additional subtract3#bcc1bggbg1ehjd1bejcda1dcace1gf acj1jghdea1aeade1dhaci1hbecd1aadefj1cehe d1ffadi1jjedc1cbacg1ffefgj1eiafd1ijhei1b feec1eeddg1hih;,for eachadditionaladd3#f1jjj 4 7b7 ,effective date ,the amendment made by this section shall take effect on ,july #a1 #bjae4 #dgd4 ,updated tables and amounts for income protection allowance 7a7 ,amendments ,section #dgh7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgrr7b77 is amended-- 7#a7 in paragraph 7#a71 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 ,in general ,for each academic year after academic year #bjae-bjaf1 the ,secretary shall publish in the ,federal ,register a revised table of income protection allowances for the purpose of sections #dge7;c77#d7 and #dgg7;b77#d71 subject to subparagraphs 7,b7 and 7,c74 7,b7 ,table for independent students ,for each academic year after academic year #bjae-bjaf1 the ,secretary shall develop the revised table of income protection allowances by increasing each of the dollar amounts contained in the table of income protection allowances under section #dgg7;b77#d77;,d7 by a percentage equal to the estimated percentage increase in the ,consumer ,price ,index 7as determined by the ,secretary7 between ,december #bjad and the ,december next preceding the beginning of such academic year1 and rounding the result to the nearest #aj4 2 and 7#b7 in paragraph 7#b71 by striking shall be developed and all that follows through the period at the end and inserting shall be developed for each academic year after academic year #bjae-bjaf1 by increasing each of the dollar amounts contained in such section for academic year #bjae-bjaf by a percentage equal to the estimated percentage increase in the ,consumer ,price ,index 7as determined by the ,secretary7 between ,december #bjad and the ,december next preceding the beginning of such academic year1 and rounding the result to the nearest #aj44 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on ,july #a1 #bjae4 #dge4 ,prior prior year2 definition of independent student ,section #dhj 7#bj ,u4,s4,c4 #ajhg7 is amended-- 7#a7 by striking subparagraph 7,b7 of subsection 7a77#a7 and inserting the following3 7,b7 ,notwithstanding section #dgh7;a7 and beginning not later than #ahj days after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall provide for the use of data from the second preceding tax year when and to the extent necessary to carry out the simplification of applications 7including simplification for a subset of applications7 used for the estimation and determination of financial aid eligibility4 ,such simplification shall include the sharing of data between the ,internal ,revenue ,service and the ,department1 pursuant to the consent of the taxpayer4 2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,h7-- 7i7 in the matter preceding clause 7i71 by striking during the school year in which the application is submitted as either an unaccompanied youth and inserting as either an unaccompanied youth age #bc or younger who is2 7ii7 in clause 7i71 by inserting 1 or a designee of the liaison after ,act2 and 7iii7 in clause 7ii71 by striking a program funded under the ,runaway and ,homeless ,youth ,act and inserting an emergency or transitional shelter1 street outreach program1 homeless youth drop-in center1 or other program serving homeless youth12 and 7,b7 by adding at the end the following3 7#c7 ,simplifying the determination process for unaccompanied youth 7,a7 ,verification ,a financial aid administrator is not required to verify homelessness determinations made by the individuals authorized to make such determinations under clause 7i71 7ii71 or 7iii7 of paragraph 7#a77;,h7 in the absence of conflicting information4 ,a documented phone call with1 or a written statement from1 one of the authorized individuals is sufficient verification when needed4 7,b7 ,determination of independence ,a financial aid administrator shall conduct the verification under paragraph 7#a77;,h7 if a student does not have1 and cannot get1 documentation from any of the individuals authorized to make such determinations under clause 7i71 7ii71 or 7iii7 of paragraph 7#a77;,h74 ,the financial aid administrator shall make the determination of independence based on the determination of a student as an unaccompanied youth who is a homeless child or youth 7as such terms are defined in section #gbe of the ,mc,kinney-,vento ,homeless ,assistance ,act71 or as unaccompanied1 at risk of homelessness1 and self-supporting1 which-- 7i7 shall be distinct from a determination of independence described under paragraph 7#a77;,i72 and 7ii7 may be based on a documented interview with the student if there is no written documentation available4 7,c7 ,duration of determination ,a student shall receive a determination under paragraph 7#a77;,h7 during the school year in which the student initially submits the application4 ,if a student is determined to be independent under paragraph 7#a77;,h71 the student shall be presumed to be independent in subsequent years unless-- 7i7 the student informs the financial aid office that circumstances have changed2 or 7ii7 the financial aid administrator has specific conflicting information about the student's independence4 2 and 7#c7 by striking paragraph 7#e7 of subsection 7e7 and inserting the following3 7#e7 payments made and services provided under part ,e of title ,,iv of the ,social ,security ,act1 including the value of vouchers for education and training made available under section #dgg of such ,act1 and any payments made directly to youth as part of an extended foster care program pursuant to such part ,e2 and 4 ,g ,general provisions #dha4 ,definitions ,section #dha 7#bj ,u4,s4,c4 #ajhh7 is amended-- 7#a7 by striking subsection 7d72 7#b7 in the subsection heading of subsection 7f71 by striking ,definition of2 7#c7 by redesignating subsections 7b71 7c71 7e71 and 7f7 as subsections 7f71 7m71 7c71 and 7d71 respectively1 and transferring such subsections to be in alphabetical order based on subsection designation2 7#d7 by inserting after subsection 7a7 the following3 7b7 ,commission1 bonus1 or other incentive payment ,for purposes of this title1 the term commission1 bonus1 or other incentive payment means a sum of money or something of value1 other than a fixed salary or wages1 paid to or given to a person or an entity for services rendered4 2 7#e7 by inserting after subsection 7d71 as redesignated and transferred by paragraph 7#c71 the following3 7e7 ,eligible military service 7#a7 ,in ,general ,the term eligible military service-- 7,a7 in the case of a member of a regular component of the ,armed ,forces1 means full-time duty in the ,armed ,forces1 other than active duty for training 7as defined in section #aja of title #ch1 ,united ,states ,code7 of #cj days or less2 7,b7 in the case of a member of the reserve components of the ,armed ,forces1 means service on active duty under a call or order to active duty under-- 7i7 section #fhh1 #abcjb1 #abcjd1 or #abcbb of title #aj1 ,united ,states ,code2 7ii7 subsection 7a71 7d71 or 7g7 of section #abcja of title #aj1 ,united ,states ,code2 or 7iii7 section #gab of title #ad1 ,united ,states ,code2 7,c7 in the case of a member of the ,army ,national ,guard of the ,united ,states or ,air ,national ,guard of the ,united ,states1 means1 in addition to service described in subparagraph 7,b71 full-time service-- 7i7 in the ,national ,guard of a ,state for the purpose of organizing1 administering1 recruiting1 instructing1 or training the ,national ,guard2 or 7ii7 in the ,national ,guard under section #ejb7;f7 of title #cb1 ,united ,states ,code1 when authorized by the ,president or the ,secretary of ,defense for the purpose of responding to a national emergency declared by the ,president and supported by ,federal funds2 and 7,d7 in the case of a servicemember who is a commissioned officer of the ,public ,health ,service or the ,national ,oceanic and ,atmospheric ,administration1 active service4 7#b7 ,exclusions ,the term eligible military service does not include any period during which an individual-- 7,a7 was assigned full-time by the ,armed ,forces to a civilian institution for a course of education that was substantially the same as established courses offered to civilians2 7,b7 serves as a cadet or midshipman at one of the military service academies of the ,united ,states2 or 7,c7 serves under the provisions of section #abajc7;d7 of title #aj1 ,united ,states ,code1 pursuant to an enlistment in the ,army ,national ,guard or the ,air ,national ,guard1 or as a ,reserve for service in the ,army ,reserve1 ,navy ,reserve1 ,air ,force ,reserve1 ,marine ,corps ,reserve1 or ,coast ,guard ,reserve4 2 7#f7 by inserting after subsection 7f71 as redesignated and transferred by paragraph 7#c71 the following3 7g7 ,institution affiliate ,for purposes of this title1 the term institution affiliate means any person or entity that controls1 is controlled by1 or is under common control with1 an institution of higher education4 7h7 ,military orders ,for purposes of this title1 the term military orders1 when used with respect to a member of the ,armed ,forces1 means official military orders1 or any notification1 certification1 or verification from the member's commanding officer1 with respect to the member's current or future military duty status4 7i7 ,revenue-,sharing arrangement ,for purposes of this title1 the term revenue-sharing arrangement means an arrangement between an institution of higher education and third party under which-- 7#a7 the third party provides1 exclusively or nonexclusively1 educational products or services to prospective students or students attending the institution of higher education2 and 7#b7 the third party or institution of higher education pays a fee or provides other material benefits1 including revenue- or profit-sharing1 to the institution of higher education or third party in connection with the educational products or services provided to prospective students or students attending the institution of higher education4 7j7 ,securing enrollments or securing or awarding financial aid 7#a7 ,in general ,for purposes of this title1 the term securing enrollments or securing or awarding financial aid-- 7,a7 means any activity carried out by a person or entity for the purpose of the admission or matriculation of a student to an institution of higher education or the award of financial aid to a student that occurs at any time until the student has completed the student's educational program at an institution2 7,b7 includes contact in any form with a prospective student1 such as contact through preadmission or advising activities1 scheduling an appointment to visit the enrollment office or any other office of the institution1 attendance at such an appointment1 or involvement in a prospective student's signing of an enrollment agreement or financial aid application2 and 7,c7 does not include making a payment to a third party for the provision of student contact information for prospective students1 as long as such payment is not based on-- 7i7 any additional conduct or action by the third party or any prospective student1 such as participation in preadmission or advising activities1 scheduling an appointment to visit the enrollment office or any other office of the institution or attendance at such an appointment1 or the signing1 or being involved in the signing1 of a prospective student's enrollment agreement or financial aid application2 or 7ii7 the number of students 7calculated at any point in time of an educational program7 who apply for enrollment1 are awarded financial aid1 or are enrolled for any period of time1 including through completion of an educational program4 7k7 ,service provider ,for purposes of this title1 the term service provider means any ,state1 person1 or entity that enters into a contract with an eligible institution to administer any aspect of the institution's participation in any program under this title1 including-- 7#a7 securing enrollments or securing or awarding financial aid2 7#b7 student performance in educational coursework2 7#c7 student graduation2 7#d7 job placement of students2 or 7#e7 any other academic facet of a student's enrollment in an institution of higher education4 7l7 ,student default risk ,for purposes of this title1 the term student default risk means a risk that is reflected as a percentage that is calculated by taking an institution's #c-year cohort default rate1 as defined in section #dce7m71 for the most recent fiscal year available1 and multiplying it by the percentage of students enrolled at such institution receiving a ,federal student loan authorized under this title during the previous academic year4 4 #dhb4 ,standard notification format for delinquent borrowers2 explanation of benefits of ,federal loans ,part ,g of title ,,iv 7#bj ,u4,s4,c4 #ajhh et seq47 is amended by inserting after section #dhc the following3 #dhc;,a4 ,standard notification format for delinquent borrowers2 explanation of benefits of ,federal loans 7a7 ,standard notification format for delinquent borrowers 7#a7 ,in general ,the ,secretary1 in consultation with the ,director of the ,bureau of ,consumer ,financial ,protection1 shall develop and submit for consumer testing in accordance with section #dhc;,c1 a standard format to be used to notify1 by writing and by telephone1 any borrower who is delinquent1 or at risk of becoming delinquent1 on loans made1 insured1 or guaranteed under part ,b or ,d of the borrower's repayment options1 including deferment1 forbearance1 the income-based repayment plan available under section #dic;,c1 loan forgiveness opportunities1 and1 if applicable1 the possibility for loan discharge4 7#b7 ,contents ,to the extent practicable1 the information provided through the standard format to borrowers described in paragraph 7#a7 shall include all terms1 conditions1 fees1 and costs associated with the available repayment plans in a format that allows the borrower to compare the borrower's current repayment plan with the alternatives4 7b7 ,explanation of the benefits of ,federal loans ,the ,secretary1 in consultation with the ,director of the ,bureau of ,consumer ,financial ,protection1 shall prepare and make available to eligible institutions1 for disclosure in accordance with section #dhe7l77#b77,l77ii71 a written explanation of the benefits that are unique to ,federal student loans 7including repayment plans1 loan forgiveness1 and loan deferment7 and a description of the loan terms that borrowers should examine carefully if considering a private education loan4 4 #dhc4 ,institutional financial aid award letter 7a7 ,in general ,part ,g of title ,,iv 7#bj ,u4,s4,c4 #ajhh et seq47 is further amended by inserting after section #dhc;,a1 as added by section #dhb1 the following3 #dhc;,b4 ,institutional financial aid award letters 7a7 ,standard format ,the ,secretary1 in consultation with the heads of relevant ,federal agencies1 shall develop a standard format for financial aid award letters based on recommendations from representatives of students1 students' families1 institutions of higher education1 secondary school and postsecondary education counselors1 and nonprofit consumer groups4 7b7 ,key required contents for financial aid award letters ,the standard format developed under subsection 7a7 shall include1 in a consumer-friendly manner that is simple and understandable1 the following items clearly separated from each other and listed on the first page of the financial aid award letter in either electronic or written format3 7#a7 ,information on the student's cost of attendance based on the most current costs for the academic period covered by the financial aid award letter1 including the following expenses 7as determined under section #dgb73 7,a7 ,tuition and fees4 7,b7 ,room and board costs4 7,c7 ,books and supplies4 7,d7 ,transportation4 7,e7 ,miscellaneous personal expenses4 7#b7 7,a7 ,the amount of financial aid that the student would not have to repay1 such as scholarships1 grant aid offered under this title1 or grant aid offered by the institution1 a ,state1 or an outside source to the student for such academic period2 7,b7 a disclosure that such financial aid does not have to be repaid and whether the student can expect to receive similar amounts of such financial aid for each academic period the student is enrolled at the institution2 and 7,c7 in the case of any institution that has a policy or practice of front-loading grant aid1 a disclosure of that practice and that the student may receive less grant aid in future academic terms4 7#c7 ,the net price that the student1 or the student's family on behalf of the student1 will have to pay for the student to attend the institution for such academic period1 equal to the difference between-- 7,a7 the cost of attendance as described in paragraph 7#a7 for the student for such academic period2 and 7,b7 the amount of financial aid described in paragraph 7#b7 that is included in the financial aid award letter4 7#d7 ,the amount of work study assistance1 including such assistance available under part ,c1 the likelihood of finding employment opportunities on campus1 and a disclosure that the aid must be earned by the student and the assistance offered is subject to the availability of employment opportunities4 7#e7 ,the types and amounts of loans under part ,d or ,e that the institution recommends for the student for such academic period1 including-- 7,a7 a disclosure that such loans have to be repaid2 7,b7 a disclosure that the student can borrow a lesser amount than the recommended loan amount2 7,c7 a clear use of the word loan to describe the recommended loan amounts2 7,d7 personalized information showing estimates of the borrower's anticipated monthly payments and the difference in total interest paid and total payments under each plan2 7,e7 a disclosure that ,federal loans cannot be discharged in bankruptcy except in cases of extreme or undue hardship2 and 7,f7 a disclosure that the student may be eligible for longer repayment terms1 such as extended or income-based repayment plans1 and that longer repayment terms may result in the student paying more money over the life of the loans4 7#f7 ,where a student or the student's family can seek additional information regarding the financial aid offered1 including contact information for the institution's financial aid office and the ,department's website on financial aid4 7#g7 ,a disclosure that ,federal student loans offer generally more favorable terms and beneficial repayment options than private education loans so students should examine available ,federal student loan options before applying for private education loans1 and an explanation to be written by the ,secretary1 in consultation with the heads of relevant ,federal agencies of-- 7,a7 the benefits unique to ,federal student loans1 including various repayment plans1 loan forgiveness1 and loan deferment2 and 7,b7 the loan terms and conditions to examine carefully1 if considering a private education loan4 7#h7 ,the deadline and summary of the process1 if any1 for accepting the financial aid offered in the financial aid award letter4 7#i7 ,the academic period covered by the financial aid award letter and a clear indication whether the aid offered is based on full-time or part-time enrollment4 7#aj7 ,with respect to institutions where more than #cj percent of enrolled students borrow loans to pay for their education1 the institution's most recent cohort default rate1 as defined in section #dce7m71 compared to the most recent national average cohort default rate4 7#aa7 ,any other information the ,secretary1 in consultation with the heads of relevant ,federal agencies1 determines necessary so that students and parents can make informed loan borrowing decisions1 including quality metrics such as percentage of students at the institution who take out student loans and average debt at graduation for students at the institution4 7c7 ,other required contents for the financial aid award letter ,the standard format for a financial aid award letter developed under subsection 7a7 shall also include the following information1 in a concise format determined by the ,secretary1 in consultation with the heads of relevant ,federal agencies3 7#a7 ,a concise summary of the terms and conditions of financial aid recommended under paragraphs 7#b71 7#d71 and 7#e7 of subsection 7b71 and a method to provide students with additional information about such terms and conditions1 such as links to the supplementary information4 7#b7 ,at the institution's discretion1 additional options for paying for the net price amount listed in subsection 7b77#c71 such as the amount recommended to be paid by the student or student's family1 ,federal ,direct ,,plus ,loans1 or private education loans4 ,if the institution recommends private education loans1 the financial aid award letter shall contain the additional following general disclosures3 7,a7 ,the availability of1 and the student's potential eligibility for1 additional ,federal financial assistance under this title4 7,b7 ,the impact of a proposed private education loan on the student's potential eligibility for other financial assistance1 including ,federal financial assistance under this title4 7,c7 ,the student's ability to select a private educational lender of the student's choice4 7,d7 ,the student's right to accept or reject a private education loan within the #cj-;day period following a private educational lender's approval of a student's application and a student's #c-;day right-to-cancel period4 7,e7 ,with respect to dependent students1 any reference to private education loans shall be accompanied by information about the recommended family contribution and the availability of1 and terms and conditions associated with1 ,federal ,direct ,,plus ,loans for the student's parents regardless of family income1 and of the student's increased eligibility for ,federal student loans under this title if the student's parents are not able to borrow under the ,federal ,direct ,,plus ,loan program4 7#c7 ,the following disclosures3 7,a7 ,that the financial aid award letter only contains information for #a academic period and the financial aid offered in following academic periods may change1 unless the institution is offering aid that covers multiple academic periods4 7,b7 ,how non-institutional scholarships awarded to the student affect the financial aid package offered to the student4 7,c7 ,a concise summary of any ,federal or institutional conditions required to receive and renew financial aid and a method to provide students with additional information about these conditions1 such as links to the supplementary information4 7d7 ,additional requirements for financial aid award letter ,in addition to the requirements listed under subsections 7b7 and 7c71 the financial aid award letter shall meet the following requirements3 7#a7 ,clearly distinguish between the aid offered under paragraphs 7#b71 7#d71 and 7#e7 of subsection 7b71 by including a subtotal for the aid offered in each of such paragraphs and by refraining from commingling the different types of aid described in such paragraphs4 7#b7 ,use standard definitions and names for the terms described in subsection 7b7 that are developed by the ,secretary in consultation with the heads of relevant ,federal agencies1 representatives of institutions of higher education1 nonprofit consumer groups1 students1 and secondary school and higher education guidance counselors1 not later than #c months after the date of enactment of the ,higher ,education ,affordability ,act4 7#c7 ,if an institution's recommended ,federal student loan aid offered under subsection 7b77#e7 is less than the maximum amount of ,federal assistance available to the student under parts ,d and ,e1 provide additional information on ,federal student loans1 including the types and amounts for which the student is eligible in an attached document or webpage4 7#d7 ,use standard formatting and design to ensure-- 7,a7 that figures described in paragraphs 7#a7 through 7#e7 of subsection 7b7 are in the same font1 appear in the same order1 and are displayed prominently on the first page of the financial aid award letter whether produced in written or electronic format2 and 7,b7 that the other information required in subsections 7b7 and 7c7 appears in a standard format and design on the financial aid award letter4 7#e7 ,include an attestation that the student has accessed and read the financial aid award letter1 if provided to the student in electronic format4 7#f7 ,include language developed by the ,secretary1 in consultation with the heads of relevant ,federal agencies1 notifying eligible students that they may be eligible for education benefits1 and where they can locate more information about such benefits1 described in the following provisions3 7,a7 ,chapter #cj1 #ca1 #cb1 #cc1 #cd1 or #ce of title #ch1 ,united ,states ,code4 7,b7 ,chapter #aja1 #aje1 #ajf;,a1 #afjf1 #afjg1 or #afjh of title #aj1 ,united ,states ,code4 7,c7 ,section #aghd;a1 #bjje1 or #bjjg of title #aj1 ,united ,states ,code4 7e7 ,additional information ,nothing in this section shall preclude an institution from supplementing the financial aid award letter with additional information as long as such additional information supplements the financial aid award letter and is not located on the financial aid award letter1 except as provided in subsection 7c77#b74 7f7 ,consumer testing ,the financial aid award letter under this section shall undergo consumer testing in accordance with section #dhc;,c4 ,the ,secretary1 in consultation with the heads of relevant ,federal agencies1 representatives of institutions of higher education1 nonprofit consumer groups1 students1 and secondary school and higher education guidance counselors1 shall develop multiple designs and formatting1 subject to the requirements of subsection 7d77#d71 of the financial aid award letter to be used for consumer testing not later than #f months after the date of enactment of the ,higher ,education ,affordability ,act4 4 7b7 ,conforming amendment ,section #dhd of the ,higher ,education ,opportunity ,act 7#bj ,u4,s4,c4 #ajib note7 is repealed4 #dhc;,a4 ,consumer testing ,part ,g of title ,,iv 7#bj ,u4,s4,c4 #ajhh et seq47 is further amended by inserting after section #dhc;,b1 as added by section #dhc1 the following3 #dhc;,c4 ,consumer testing 7a7 ,establishment of consumer testing process ,not later than #f months after the date of enactment of the ,higher ,education ,affordability ,act1 and every #e years thereafter1 the ,secretary shall establish1 in consultation with the heads of relevant ,federal agencies1 a process for consumer testing each of the following3 7#a7 ,the universal net price calculator established under section #acb7;h77#g74 7#b7 ,the ,college ,scorecard established under section #acc4 7#c7 ,the initial model form of postsecondary education information required under section #dje;,a7g7 for the initial consumer testing1 and the postsecondary education information form under section #dje;,a7h7 for all subsequent consumer testing4 7#d7 ,the initial model form of postsecondary education information required under section #dje;,b7g7 for the initial consumer testing1 and the postsecondary education information form under section #dje;,b7h7 for all subsequent consumer testing4 7#e7 ,the master promissory note4 7#f7 ,the standard notification format for borrowers who are delinquent or at risk of being delinquent under section #dhc;,a4 7#g7 ,the institutional financial aid award letter required under section #dhc;,b4 7#h7 ,the methodology for comparing institutions based on the speed-based repayment rate under section #dhc;,d7c77#d77;,a74 7#i7 ,online entrance1 exit1 and interim loan counseling tools1 including the ,department of ,education's ,financial ,awareness ,counseling ,tool and other online tools that may be used1 and any disclosures that may be provided1 during the counseling that is required under subsections 7b71 7l71 and 7n7 of section #dhe4 7#aj7 ,the personalized periodic statement required for borrowers who are automatically enrolled into an income-based repayment plan under section #dic;,c7d77#a77;,d74 7#aa7 ,any consent form or any online tool required for consent of borrowers with #j payment under paragraph 7#a77;,c77ii77,,ii7 or 7#c77;,b7 of section #dic;,c7d74 7b7 ,participants in ,consumer ,testing ,the consumer testing process for a product described in subsection 7a7 shall include1 as the ,secretary determines necessary for the product-- 7#a7 representatives of students 7including low-income students1 first generation college students1 students underrepresented in higher education 7including students from ethnic and racial minorities71 adult students1 and prospective students72 7#b7 students' families 7including low-income families1 families with first generation college students1 families with students who are underrepresented in higher education 7including students from ethnic and racial minorities71 and families with prospective students72 7#c7 representatives of institutions of higher education1 including faculty2 7#d7 secondary school and postsecondary education counselors2 7#e7 postsecondary financial aid officers2 and 7#f7 nonprofit consumer groups4 7c7 ,use of consumer testing results ,the ,secretary shall use the results of the consumer testing in the final development of each product described in subsection 7a71 and may modify the definitions1 terms1 formatting1 and design of any product tested under this section based on the results of the consumer testing before finalizing the product4 7d7 ,report to ,congress ,not later than #c months after the date any consumer testing under this section concludes1 the ,secretary shall submit to the authorizing committees a report that contains the results of such consumer testing4 4 #dhc;,b4 ,loan repayment rate and speed-based repayment rate ,part ,g of title ,,iv 7#bj ,u4,s4,c4 #ajhh et seq47 is further amended by inserting after section #dhc;,c1 as added by section #dhd1 the following3 #dhc;,d4 ,loan repayment rate and speed-based repayment rate 7a7 ,definitions ,in this section3 7#a7 ,amount paid ,the term amount paid1 when used with respect to a covered ,federal student loan1 means the amount paid of the outstanding balance1 calculated by determining the difference between the original outstanding balance on the loan and the current loan balance on the loan4 7#b7 ,cohort loan ,the term cohort loan1 when used with respect to an institution1 means a covered ,federal student loan in the #b-year loan repayment cohort identified for the institution under subsection 7b77#b7 for a fiscal year4 7#c7 ,covered ,federal student loan ,the term covered ,federal student loan means-- 7,a7 a loan made1 insured1 or guaranteed under part ,b or ,d that is issued to a student borrower2 or 7,b7 the portion of a loan made under section #dbh;,c or a ,federal ,direct ,consolidation ,loan that is used to repay a loan described in subparagraph 7,a74 7#d7 ,current loan balance ,the term current loan balance means the sum of the current outstanding balance due on a covered ,federal student loan1 as of the date on which a rate determination under this section is being made1 plus the accrued and unpaid interest balance on the loan as of such date4 7#e7 ,original outstanding balance ,the term original outstanding balance1 when used with respect to a covered ,federal student loan1 means the total amount of the outstanding balance of the loan1 including capitalized interest and any unpaid accrued interest that has not been capitalized1 as of the date that the loan entered repayment4 7#f7 ,payments-made loan ,the term payments-made loan means a covered ,federal student loan that has never been in default 7or1 in the case of a loan described in paragraph 7#c77;,b71 neither the consolidation loan nor any underlying loan have ever been in default71 where-- 7,a7 payments made by a borrower during the most recently completed fiscal year reduce the outstanding balance of the loan 7which1 in the case of a loan described in paragraph 7#c77;,b71 shall be deemed to mean reducing the outstanding balance of the entire consolidation loan7 to an amount that is less than the outstanding balance of the loan at the beginning of that fiscal year2 or 7,b7 the borrower of the loan is in the process of qualifying for public service loan forgiveness under section #dee7m7 and submits an employment certification to the ,secretary that demonstrates the borrower is engaged in a public service job and the borrower made qualifying payments1 as determined under such section1 on the loan during the most recently completed fiscal year4 7b7 ,loan repayment rate 7#a7 ,method of calculation ,each fiscal year1 the ,secretary shall determine the loan repayment rate for each institution of higher education that is participating in a program under this title or seeking to regain eligibility to participate in a program under this title by using the loan cohort identified under paragraph 7#b7 to calculate the loan repayment rate1 in accordance with paragraph 7#c74 7#b7 ,determination of loan cohort 7,a7 ,in general ,for purposes of calculating the loan repayment rate for a fiscal year under this subsection1 the #b-year loan repayment cohort for an institution of higher education shall consist of all covered ,federal student loans of the institution that are in their third year of repayment or in their fourth year of repayment1 except as provided in subparagraph 7,b74 7,b7 ,special rules and exclusions 7i7 ,special rule for medical and dental students ,notwithstanding subparagraph 7,a71 a covered ,federal student loan for any borrower who is a professional or graduate student enrolled in a program of study that requires a medical internship or residency shall be included in the loan cohort when the loan is in its sixth and seventh years of repayment4 7ii7 ,exclusions ,the ,secretary shall exclude from a loan cohort for a fiscal year any covered ,federal student loan that would otherwise qualify1 if the loan-- 7,i7 was discharged under subsection 7a77#a7 or 7d7 of section #dcg as a result of the death of the borrower2 or 7,,ii7 was assigned or transferred to the ,secretary and is being considered for discharge as a result of the total and permanent disability of the borrower1 or was discharged by the ,secretary on that basis1 under section #dcg7;a74 7iii7 ,treatment of deferments and forbearance 7,i7 ,in general ,the ,secretary shall treat any period during which a covered ,federal student loan is in deferment or forbearance under this title as a period of repayment for purposes of this subsection1 except as provided in subclause 7,,ii74 7,,ii7 ,exception for in-school deferment ,the ,secretary shall not include any period during which payments on a covered ,federal student loan are deferred under section #dbh7;b77#a77,m77i71 #dbh;,b7d77#a77;,a77i71 or #dee7;f77#b77;,a7 in determining the borrower's period of repayment for purposes of paragraph 7#a71 subject to subclause 7,,iii74 7,,iii7 ,no exception for certain short term programs of study ,subclause 7,,ii7 shall not apply in any case where a deferral described in such subclause is due to a borrower's enrollment1 after completion of the program for which the loan was made1 in a program of study of less than #f months in duration4 7iv7 ,treatment of consolidation loans ,for each covered ,federal student loan that is a loan described in subsection 7a77#c77;,b71 the ,secretary shall-- 7,i7 determine the original outstanding balance for each original covered ,federal student loan that comprises the consolidation loan2 7,,ii7 determine the date that the repayment period began1 in accordance with this subparagraph1 for each such original loan2 7,,iii7 include1 in determining the duration of the repayment period under this paragraph for the underlying loan1 the period during which the original loan was in repayment and the period during which the consolidation loan was in repayment2 and 7,,iv7 include the amount determined under subclause 7,i7 for each underlying loan in the calculations under this paragraph for the appropriate fiscal year based on the repayment period for the underlying loan4 7#c7 ,formula for loan repayment rate 7,a7 ,in general ,for purposes of this section1 the loan repayment rate for an institution for a fiscal year shall be equal to the proportion that-- 7i7 the sum of-- 7,i7 the total original outstanding balance of all covered ,federal student loans in the loan cohort of the institution for such fiscal year that are paid in full in accordance with subparagraph 7,b72 and 7,,ii7 the total original outstanding balance of all payments-made loans in the loan cohort for such year2 bears to 7ii7 the total original outstanding balance of all loans in the loan cohort for such year4 7,b7 ,loans ,paid in ,full 7i7 ,in ,general ,for purposes of paragraph 7#a77;,a71 a loan paid in full is a covered ,federal student loan in the loan cohort that-- 7,i7 has never been in default 7or in the case of a loan described in subsection 7a77#c77;,b71 neither the consolidation loan nor any original loan comprising the consolidation loan has ever been in default72 and 7,,ii7 has been paid in full by a borrower4 7ii7 ,consolidation loans and refinancing ,a covered ,federal student loan described in subsection 7a77#c77;,b7 or consolidated under another refinancing process provided for under this ,act1 is not counted as a loan paid in full for purposes of this subparagraph until the consolidation loan or other financial instrument is paid in full by the borrower4 7#d7 ,publication ,the ,secretary shall make the loan repayment rate for each institution of higher education participating in a program under this title or seeking to regain eligibility to participate in a program under this title publicly available on the ,college ,navigator website of the ,department1 or any successor website1 and the website for the ,national ,center for ,education ,statistics4 7c7 ,speed-,based repayment rate 7#a7 ,purpose ,the purpose of the speed-based repayment rate under this subsection is to provide an estimate of-- 7,a7 the annual rate at which student borrowers at an institution of higher education are repaying their loans under part ,b and ,d2 and 7,b7 the total expected time it takes student borrowers to repay their loans4 7#b7 ,in general ,in order to provide additional information regarding loan repayment1 the ,secretary shall1 for each fiscal year-- 7,a7 determine the speed-based repayment rate for each institution of higher education that is participating in a program under this title or seeking to regain eligibility to participate in a program under this title2 7,b7 determine the information required for the comparison methodology established by the ,secretary under paragraph 7#d72 and 7,c7 publish the most recently available speed-based repayment rate and the comparison information under paragraph 7#d7 for each such institution on the ,college ,scorecard1 in accordance with section #acc7;d77#c71 and on the ,college ,affordability and ,transparency ,center website1 or any successor website1 of the ,department4 7#c7 ,determination of speed-based repayment rate ,in order to provide additional information regarding loan repayment and determine the speed-based repayment rate required under paragraph 7#b77;,a7 for an institution of higher education1 the ,secretary shall1 for each fiscal year-- 7,a7 determine the percentage paid of the total original outstanding balance of all cohort loans of the institution for the fiscal year 7including1 for purposes of calculating the speed-based repayment rate only1 all loans that would be cohort loans for such fiscal year if the loans were not in delinquency1 forbearance1 deferment1 or default7 for which the determination is being made1 by dividing-- 7i7 the amount paid of all such cohort loans of the institution for such year2 by 7ii7 the total original outstanding balance of all such cohort loans of the institution for such year2 and 7,b7 divide such percentage by the average number of years in repayment for the cohort loans of the institution1 rounded to the nearest month and weighted based on the dollar amount of the current loan balance of each cohort loan4 7#d7 ,comparison methodology for disclosure purposes 7,a7 ,in general ,the ,secretary shall establish a methodology for comparing similar institutions of higher education based on the speed-based repayment rate4 ,the methodology shall-- 7i7 use clear and understandable terms1 such as quickly and slowly1 to indicate the relative significance of the speed-based repayment rate of an institution of higher education2 7ii7 include a projection of the expected time for the average borrower in the loan cohort described in paragraph 7#c77;,a7 of each institution to complete repayment at each institution1 based on the speed-based repayment rate2 7iii7 include a comparison of each institution's expected time of repayment under clause 7ii7 with the expected times of repayment for similar institutions2 7iv7 not disaggregate the comparisons based on status as a public1 private nonprofit1 or proprietary institution of higher education2 7v7 distinguish the overall speed-based repayment rate of an institution from the speed-based repayment rate of all professional degree programs of the institution2 and 7vi7 calculate a separate speed-based repayment rate for each program at an institution that is subject to gainful employment regulations under section #ffh4g of title #cd1 ,code of ,federal ,regulations4 7,b7 ,consumer testing ,the ,secretary shall submit the methodology described in subparagraph 7,a7 for consumer testing in accordance with section #dhc;,c4 7#e7 ,guidance and regulations ,the ,secretary may issue guidance and promulgate rules for the purposes of determining the speed-based repayment rate4 7#f7 ,authority to adjust formula ,notwithstanding any other provision of this section1 the ,secretary may adjust the formula for calculating the speed-based repayment rate under paragraphs 7#b7 and 7#c7 to provide a more informative and accurate measure of the speed of repayment4 7d7 ,publication of student default risk ,each year1 the ,secretary shall publish the student default risk for each institution for the most recent fiscal year on the website of the ,national ,center for ,education ,statistics4 4 #dhc;,c4 ,one-time ,,fafsa pilot program ,part ,g of title ,,iv 7#bj ,u4,s4,c4 #ajhh et seq47 is further amended by inserting after section #dhc;,c1 as added by section #dhe1 the following3 #dhc;,e4 ,one-time ,,fafsa pilot program 7a7 ,purposes ,the purposes of this section are-- 7#a7 to streamline the annual process by which students apply for ,federal financial assistance2 and 7#b7 to reduce the need for students to apply for such assistance each year4 7b7 ,pilot program authorized ,the ,secretary is authorized to establish a pilot program and select #e eligible ,states-- 7#a7 in which a student who attends an institution of higher education in the eligible ,state may submit a single ,free ,application for ,federal ,student ,aid described in section #dhc and as modified under subsection 7d7 7referred to in this section as the ,,fafsa71 to be used for application to determine the need and eligibility of the student for financial assistance under this title during the official length of the student's proposed postsecondary degree program2 and 7#b7 that shall receive a grant in accordance with subsection 7e74 7c7 ,eligible ,states ,the ,secretary shall select #e eligible ,states that are determined by the ,secretary to have a strong record of increasing college access and affordability1 especially for low-income students1 to participate in the pilot program described in subsection 7b74 ,the selection of eligible ,states shall be based on the extent to which the ,state has-- 7#a7 invested1 and continues to invest1 significantly in public higher education1 resulting in a comparatively lower net price for low-income students2 7#b7 allocated ,state financial aid primarily on the basis of need2 and 7#c7 agreed1 as a condition of the ,state's application for the pilot program under this section1 to provide all in-,state students 7as determined by the ,state7 with an offer for ,state financial aid that-- 7,a7 is valid for not less than #b years and not more than #d years1 as determined by the ,state2 and 7,b7 shall be subject to change only upon certain conditions1 such as significant changes in a student's financial circumstances4 7d7 ,single ,,fafsa submission ,the ,secretary shall implement1 in consultation with the #e selected eligible ,states1 a pilot program to streamline the process of application to determine the need and eligibility of a student for financial assistance under this title that incorporates the following3 7#a7 ,an option for students that are enrolled in an institution of higher education in a selected eligible ,state to submit a single ,,fafsa at the beginning of the student's postsecondary degree program and receive a determination of financial assistance under this title that shall1 on a contingent basis1 be valid for not less than #b years and not more than four years1 as determined by the ,state4 7#b7 ,the determination of financial assistance under paragraph 7#a7 shall be made in accordance with part ,f1 except that relevant calculations shall be made using a multi-year average1 of two or three years1 from the most recent tax years for which data are available4 ,a student may use previously submitted student and parent taxpayer data to prepopulate the electronic version of the ,,fafsa1 as described in section #dhc7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajij7;f774 7#c7 ,as a condition of the continued receipt of financial assistance under this section1 the ,secretary may require a student who submits the single ,,fafsa to respond to a short number of questions 7which may be determined by the ,secretary71 on an annual basis1 to determine if there is a change in the financial status of the student 7such as whether the student or the student's parent has experienced a substantial increase in annual income7 in order to ensure that the student continues to receive the appropriate amount of financial assistance under this title4 7#d7 ,notwithstanding paragraph 7#a71 a requirement that students who experience significant changes in their financial circumstances1 as determined by the ,secretary1 will be required to resubmit the ,,fafsa in order to receive a new determination of financial assistance under this title4 7#e7 ,an income verification process-- 7,a7 which the ,secretary1 through the establishment of a memorandum of understanding with the ,secretary of the ,treasury1 will develop to share the income tax data of a random sample of students who have received ,federal assistance under this title1 including ,federal ,pell ,grants under section #dja and loans made under part ,d2 7,b7 to ensure that students who have not resubmitted a ,,fafsa in accordance with paragraph 7#d7 did not have a significant change in financial circumstances that would have required them to do so2 7,c7 that shall be carried out in a way so as to ensure that no personally identifiable information is made public through the income verification process2 and 7,d7 that will be carried out only with the consent of students1 whose consent will be requested as part of the annual response required under paragraph 7#c74 7#f7 ,an option for students to request professional judgment or resubmit their ,,fafsa each year1 to receive a new determination of eligibility for financial assistance under this title4 7e7 ,grant amount ,selected eligible ,states that receive a grant under this section shall use grant funds to increase public awareness of1 and promote the use of1 the single ,,fafsa that may be submitted under the pilot program to be used for application to determine the need and eligibility of the student for financial assistance under this title during the official length of the student's proposed postsecondary degree program4 7f7 ,supplement not supplant ,the grants provided under this section shall be used to supplement1 and not supplant1 ,state funds that are used to improve college access and affordability4 7g7 ,evaluation ,not later than #c years after the date of enactment of the ,higher ,education ,affordability ,act1 and #e years thereafter1 the ,secretary shall prepare and submit to the authorizing committees a report that contains an evaluation of the effectiveness of the pilot program under this section in improving college access1 increasing ,,fafsa submission rates1 and increasing postsecondary education credit and course accumulation4 4 #dhd4 ,ability to benefit 7a7 ,in general ,subsection 7d7 of section #dhd 7#bj ,u4,s4,c4 #ajia7 is amended to read as follows3 7d7 ,students who are not high school graduates 7#a7 ,student eligibility ,in order for a student who does not have a certificate of graduation from a school providing secondary education1 or the recognized equivalent of such certificate1 to be eligible for any assistance under subparts #a1 #c1 and #d of part ,a and parts ,b1 ,c1 ,d1 and ,e of this title1 the student shall meet the requirements of one of the following subparagraphs3 7,a7 ,the student is enrolled in an eligible career pathway program and meets one of the following standards3 7i7 ,the student shall take an independently administered examination and shall achieve a score1 specified by the ,secretary1 demonstrating that such student can benefit from the education or training being offered4 ,such examination shall be approved by the ,secretary on the basis of compliance with such standards for development1 administration1 and scoring as the ,secretary may prescribe in regulations4 7ii7 ,the student shall be determined as having the ability to benefit from the education or training in accordance with such process as the ,state shall prescribe4 ,any such process described or approved by a ,state for the purposes of this section shall be effective #f months after the date of submission to the ,secretary unless the ,secretary disapproves such process4 ,in determining whether to approve or disapprove such process1 the ,secretary shall take into account the effectiveness of such process in enabling students without high school diplomas or the equivalent thereof to benefit from the instruction offered by institutions utilizing such process1 and shall also take into account the cultural diversity1 economic circumstances1 and educational preparation of the populations served by the institutions4 7iii7 ,the student shall be determined by the institution of higher education as having the ability to benefit from the education or training offered by the institution of higher education upon satisfactory completion of #f credit hours or the equivalent coursework that are applicable toward a degree or certificate offered by the institution of higher education4 7,b7 ,the student has completed a secondary school education in a home school setting that is treated as a home school or private school under ,state law4 7#b7 ,eligible career pathway program ,in this subsection1 the term eligible career pathway program means a program that-- 7,a7 concurrently enrolls participants in connected adult education and eligible postsecondary programs2 7,b7 provides counseling and supportive services to identify and attain academic and career goals2 7,c7 provides structured course sequences that-- 7i7 are articulated and contextualized2 and 7ii7 allow students to advance to higher levels of education and employment2 7,d7 provides opportunities for acceleration to attain recognized postsecondary credentials1 including degrees1 industry relevant certifications1 and certificates of completion of apprenticeship programs2 7,e7 is organized to meet the needs of adults2 7,f7 is aligned with the education and skill needs of the regional economy2 and 7,g7 has been developed and implemented in collaboration with partners in business1 workforce development1 and economic development4 4 7b7 ,effective date and transition ,the amendment made by subsection 7a7 shall apply to students who first enroll in a program of study during the period beginning ,july #a1 #bjab1 and ending ,june #cj1 #bjai4 #dhe4 ,reasonable collection costs in ,state court judgments ,section #dhd;,a7b77#a7 7#bj ,u4,s4,c4 #ajia;a7b77#a77 is amended by striking reasonable collection costs and inserting reasonable collection costs1 which1 in the case of a loan made under part ,d1 means collection costs in an amount that is reasonable and that does not exceed the bona fide collection costs associated with such student loan that are actually incurred in collecting the debt against the borrower4 #dhf4 ,improved disclosures1 counseling1 and financial assistance information for students 7a7 ,in general ,section #dhe 7#bj ,u4,s4,c4 #ajib7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 by striking clause 7i7 and inserting the following3 7i7 personalized information that reflects the borrower's actual borrowing circumstances1 which shall include-- 7,i7 the repayment plans available1 including the income-based repayment option under section #dic;,c and the standard #aj-year repayment option under section #dbh7;b77#i77;,a77i7 or #dee7;d77#a77;,a72 7,,ii7 a description of the different features of each plan2 and 7,,iii7 personalized information showing estimates of the borrower's anticipated monthly payments and the difference in total interest paid and total payments under each plan2 2 7ii7 by redesignating clauses 7viii7 and 7ix7 as clauses 7x7 and 7xi71 respectively2 7iii7 by inserting after clause 7vii7 the following3 7viii7 a statement that student loans must be repaid even if the student does not complete the program in which the student is enrolled2 7ix7 information and resources related to financial literacy and planning1 including budgeting1 as determined by the ,secretary based on the recommendations of the ,secretary of the ,treasury in the report submitted under section #aajc of the ,higher ,education ,affordability ,act2 2 and 7iv7 by adding at the end the following3 7,c7 ,the counseling described in subparagraph 7,a7-- 7i7 shall be provided in a simple and understandable manner that includes mechanisms to check for comprehension2 and 7ii7 shall be provided-- 7,i7 during an exit counseling session conducted in person2 or 7,,ii7 online4 2 and 7,b7 in paragraph 7#b77;,a77iv71 by striking 1 address1 social security number1 references1 and driver's license number and inserting 1 postal address1 social security number1 references1 driver's license number1 phone number1 and personal electronic mailing address that is not associated with the institution2 7#b7 in subsection 7d77#a71 by striking income-sensitive and all that follows through part ,d and inserting income-based repayment plans for loans made1 insured1 or guaranteed under part ,b or made under part ,d42 7#c7 in subsection 7f7-- 7,a7 by striking the subsection heading and inserting ,disclosure of campus security and harassment policy and campus crime statistics2 7,b7 in paragraph 7#f77;,a7-- 7i7 by redesignating clauses 7iii71 7iv71 and 7v7 as clauses 7vii71 7viii71 and 7ix71 respectively2 and 7ii7 by inserting after clause 7ii7 the following3 7iii7 ,the term commercial mobile service has the meaning given the term in section #ccb7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;d774 7iv7 ,the term electronic communication means any transfer of signs1 signals1 writing1 images1 sounds1 or data of any nature transmitted in whole or in part by a wire1 radio1 electromagnetic1 photoelectronic1 or photooptical system4 7v7 ,the term electronic messaging services has the meaning given the term in section #ajb of the ,communications ,assistance for ,law ,enforcement ,act 7#dg ,u4,s4,c4 #ajja74 7vi7 ,the term harassment means conduct1 including acts of verbal1 nonverbal1 or physical aggression1 intimidation1 or hostility 7including conduct that is undertaken in whole or in part1 through the use of electronic messaging services1 commercial mobile services1 electronic communications1 or other technology7 that-- 7,i7 is sufficiently severe1 persistent1 or pervasive so as to limit a student's ability to participate in or benefit from a program or activity at an institution of higher education1 or to create a hostile or abusive educational environment at an institution of higher education2 and 7,,ii7 is based on a student's actual or perceived-- 7aa7 race2 7bb7 color2 7cc7 national origin2 7dd7 sex2 7ee7 disability2 7ff7 sexual orientation2 7gg7 gender identity2 or 7hh7 religion4 2 7,c7 by redesignating paragraphs 7#i7 through 7#ah7 as paragraphs 7#aj7 through 7#ai71 respectively2 and 7,d7 by inserting after paragraph 7#h7 the following3 7#i7 7,a7 ,each institution of higher education participating in any program under this title1 other than a foreign institution of higher education1 shall develop and distribute as part of the report described in paragraph 7#a7 a statement of policy regarding harassment1 which shall include-- 7i7 a prohibition of harassment of enrolled students by other students1 faculty1 and staff-- 7,i7 on campus2 7,,ii7 in noncampus buildings or on noncampus property2 7,,iii7 on public property2 7,,iv7 through the use of electronic mail addresses issued by the institution of higher education2 7,v7 through the use of computers and communication networks1 including any telecommunications service1 owned1 operated1 or contracted for use by the institution of higher education or its agents2 or 7,,vi7 during an activity sponsored by the institution of higher education or carried out with the use of resources provided by the institution of higher education2 7ii7 a description of the institution's programs to combat harassment1 which shall be aimed at the prevention of harassment2 7iii7 a description of the procedures that a student should follow if an incident of harassment occurs2 and 7iv7 a description of the procedures that the institution will follow once an incident of harassment has been reported4 7,b7 ,the statement of policy described in subparagraph 7,a7 shall address the following areas3 7i7 ,procedures for timely institutional action in cases of alleged harassment1 which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment4 7ii7 ,possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding harassment4 7iii7 ,notification of existing counseling1 mental health1 or student services for victims or perpetrators of harassment1 both on campus and in the community4 7iv7 ,identification of a designated employee or office at the institution that will be responsible for receiving and tracking each report of harassment by a student1 faculty1 or staff member4 2 7#d7 in subsection 7l7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,disclosure required prior to signing master promissory note ,each eligible institution shall1 prior to obtaining or arranging execution of a master promissory note for a loan under part ,d 7other than a ,federal ,direct ,consolidation ,loan7 by a first-time borrower at such institution1 ensure that the borrower receives comprehensive information on the terms and conditions of the loan and of the responsibilities the borrower has with respect to such loan in accordance with paragraph 7#b74 ,such information-- 7,a7 shall be provided through the use of interactive programs that include mechanisms to check the borrower's comprehension of the terms and conditions of the borrower's loans under part ,d1 using simple and understandable language and clear formatting2 and 7,b7 shall be provided-- 7i7 during an entrance counseling session conducted in person2 or 7ii7 online4 2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,h71 by striking within the regular time for program completion2 and 7ii7 by adding at the end the following3 7,l7 7i7 ,a disclosure that ,federal student loans offer generally more favorable terms and beneficial repayment options than private education loans1 an explanation of the difference and relevance between student loans with a fixed interest rate as compared to student loans with a variable interest rate1 and a recommendation that students examine available ,federal student loan options before applying for private education loans4 7ii7 ,the explanation of the benefits provided under ,federal student loans developed by the ,secretary under section #dhc;,a7b74 7,m7 ,an explanation1 if applicable1 that a student may refuse all or part of a student loan available under part ,d1 which could help minimize the student's debt obligations4 7,n7 ,information relating to the institution's cohort default rate1 including-- 7i7 the cohort default rate1 as defined in section #dce7m71 of the institution2 7ii7 an easy to understand explanation of the cohort default rate2 7iii7 the percentage of students at the institution of higher education who borrow ,federal student loans under this title2 7iv7 the national average cohort default rate 7as determined by the ,secretary in accordance with section #dce7m772 7v7 in the case of an institution with a cohort default rate that is greater than the national average cohort default rate 7as described in clause 7iv771 a disclosure to the student that the institution's cohort default rate is above the national average2 and 7vi7 in the case of an institution with a cohort default rate that is greater than #cj percent1 a disclosure to the students that if the cohort default rate remains greater than #cj percent for the #c consecutive years-- 7,i7 the institution will lose institutional eligibility for the purposes of programs authorized under this title2 and 7,,ii7 the student will no longer be able to receive ,federal financial aid at that institution4 7,o7 ,information relating to the institution's speed-based loan repayment rate1 including-- 7i7 the speed-based loan repayment rate1 as described in section #dhc;,d7c71 of the institution and1 if applicable1 the speed-based loan repayment rate of each program at the institution that is subject to gainful employment regulations under section #ffh4g of title #cd1 ,code of ,federal ,regulations2 7ii7 an easy to understand description of what a speed-based loan repayment rate is2 7iii7 the national average speed-based loan repayment rate1 as determined by the ,secretary in accordance with section #dhc;,d7c72 and 7iv7 in the case of an institution with a speed-based loan repayment rate that is below the national average speed-based loan repayment rate 7as described in clause 7iii771 a disclosure to the student that the institution's speed-based loan repayment rate is below the national average4 7,p7 ,in the case of an institution with a school default risk for a fiscal year1 as calculated by the ,secretary1 of #j4a or higher1 an explanation of the obligations of the institution under section #dhg7;a77#cb77;,a74 7,q7 ,the percentages of students at the institution who obtain a degree or certificate within #ajj percent of the normal time for completion of the student's program1 and who obtain a degree or certificate within #aej percent of the normal time for completion of1 the student's program4 7,r7 ,information and resources related to financial literacy and planning1 including budgeting1 as determined by the ,secretary based on the recommendations of the ,secretary of the ,treasury in the report submitted under section #aajc of the ,higher ,education ,affordability ,act4 2 and 7,c7 by adding at the end the following3 7#c7 ,borrower ,contact ,information 7,a7 ,in general ,each eligible institution shall-- 7i7 require that a borrower who applies for a loan under this title to attend the institution on or after the date of enactment of the ,higher ,education ,affordability ,act submit to the institution1 during the entrance counseling required by this subsection1 the borrower's contact information at the time of the entrance counseling1 including the borrower's phone number and the borrower's postal address2 and 7ii7 request that the borrower provide a personal electronic mailing address of the borrower that is not associated with the institution4 7,b7 ,borrower responsibility ,a borrower receiving entrance counseling under this subsection shall provide the institution with the personal electronic mailing address described in subparagraph 7,a77ii7 and shall update the borrower's contact information as necessary to ensure that the information remains accurate4 2 and 7#e7 by adding at the end the following3 7n7 ,additional notifications and counseling for borrowers 7#a7 ,annual notifications ,each eligible institution shall1 not less than once every year while a student is enrolled in the institution1 carry out the notification requirements described in subparagraphs 7,a7 through 7,g7 with respect to a borrower of a loan made1 insured1 or guaranteed under part ,b 7other than a loan made pursuant to section #dbh;,c7 or made under part ,d 7other than a ,federal ,direct ,consolidation ,loan74 ,such notification requirements may be fulfilled by notifications provided at the same time as existing methods of communication1 such as by accompanying the annual financial aid award letter1 subject to subparagraph 7,e74 7,a7 ,student loan balance2 loan terms ,the eligible institution shall provide the borrower with a written notification of-- 7i7 the borrower's outstanding balance of principal and interest owing on any loan made1 insured1 or guaranteed under this title2 7ii7 the borrower's repayment options2 7iii7 a disclosure that ,federal student loans offer generally more favorable terms and beneficial repayment options than private education loans1 an explanation of the difference and relevance between student loans with a fixed interest rate as compared to student loans with a variable interest rate1 and a recommendation that students examine available ,federal student loan options before applying for private education loans2 and 7iv7 the explanation of the benefits provided under ,federal student loans developed by the ,secretary under section #dhc;,a7b74 7,b7 ,federal direct stafford loan eligibility ,in addition to the notifications under subparagraph 7,a7 and under subparagraph 7,c71 if applicable1 in the case of a borrower described in paragraph 7#a7 who qualifies for a ,federal ,direct ,stafford ,loan and who was a new borrower on or after ,july #a1 #bjac1 the institution shall provide-- 7i7 a written notification of the period of time that the borrower has remaining before the borrower will not be eligible for a ,federal ,direct ,stafford ,loan in accordance with section #dee7q7 because the period of time for which the borrower has received ,federal ,direct ,stafford ,loans1 in the aggregate1 exceeds the period of enrollment described in section #dee7q77#c72 and 7ii7 a written notification to such student when the period of time for which the borrower has received ,federal ,direct ,stafford ,loans1 in the aggregate1 reaches-- 7,i7 except as provided in subclause 7,,ii7 or 7,,iii71 a period equal to #ajj percent of the published length of the educational program in which the student is enrolled2 7,,ii7 in the case of a borrower who was previously enrolled in #a or more other educational programs that began on or after ,july #a1 #bjac1 a period equivalent to #b_/c of the maximum period of time that the borrower is eligible to receive a ,federal ,direct ,stafford ,loan1 as calculated in accordance with section #dee7q77#c77;,a77ii72 or 7,,iii7 in the case of a borrower who was or is enrolled on less than a full-time basis or in the case of a borrower whose course of study or program is described in paragraph 7#c77;,b7 or 7#d77;,b7 of section #dhd7;b71 a period equivalent to #b_/c of the maximum period of time that the borrower is eligible to receive a ,federal ,direct ,stafford ,loan1 as calculated in accordance with section #dee7q77#c77;,b74 7,c7 ,federal ,pell ,grant eligibility ,in addition to the notifications under subparagraph 7,a7 and under subparagraph 7,b71 if applicable1 in the case of a borrower described in paragraph 7#a7 who is receiving a ,federal ,pell ,grant1 the institution shall provide a written notification to such borrower of the student's remaining period of eligibility for a ,federal ,pell ,grant in accordance with section #dja7;c77#e74 7,d7 ,confirmation of receipt of notification ,each eligible institution shall require the borrower1 for each applicable notification described in this paragraph1 to provide written confirmation 7including through electronic means7 that the borrower has received the notification and understands the information contained in that notification4 7,e7 ,notifications by certain institutions ,in the case of an institution described in paragraph 7#b71 the notification requirements under this paragraph 7including the confirmation of notification described in subparagraph 7,d77 shall be carried out annually during the interim in-school counseling described in paragraph 7#b74 7,f7 ,additional loan counseling requirements for certain student borrowers 7i7 ,borrowers in need of additional loan counseling ,a borrower shall be subject to the requirements described in clause 7iii7 if-- 7,i7 the borrower has a loan made1 insured1 or guaranteed under part ,b 7other than a loan made pursuant to section #dbh;,c or a loan made on behalf of a student pursuant to section #dbh;,b7 or made under part ,d 7other than a ,federal ,direct ,consolidation ,loan or a ,federal ,direct ,,plus loan made on behalf of a student72 and 7,,ii7 7aa7 the borrower has transferred to the institution from another institution of higher education2 or 7bb7 the borrower meets certain criteria that may place a borrower at greater risk of defaulting on student loans4 7ii7 ,determination made by ,secretary ,the ,secretary shall determine any appropriate criteria to be used in clause 7i77,,ii77bb71 such as withdrawing prematurely from an educational program or being in danger of failing to meet standards of academic progress4 ,nothing in this subparagraph shall be construed to allow an institution to select any criteria for purposes of such clause4 7iii7 ,additional counseling ,each eligible institution shall require each borrower described in clause 7i7 to participate in an additional loan counseling session1 which shall-- 7,i7 be coordinated jointly by the student's academic advisor and the financial aid office of the institution2 7,,ii7 include disclosure of the estimated additional cost of attendance that the borrower may incur by failing to progress through the borrower's educational program at a pace that meets the requirements for satisfactory progress1 as described in section #dhd7;c72 and 7,,iii7 in the case of a borrower described in clause 7i77,,ii77bb71 include the development of an institutionally approved academic plan designed to ensure that the borrower will complete the borrower's educational program within a reasonable timeframe4 7,g7 ,counseling for parent plus borrowers 7i7 ,in general ,each eligible institution shall1 prior to disbursement of a ,federal ,direct ,,plus loan made on behalf of a student1 ensure that the borrower receives comprehensive information on the terms and conditions of the loan and of the responsibilities the borrower has with respect to such loan4 ,such information-- 7,i7 shall be provided through the use of interactive programs that use mechanisms to check the borrower's understanding of the terms and conditions of the borrower's loan1 using simple and understandable language and clear formatting2 and 7,,ii7 shall be provided-- 7aa7 during a counseling session conducted in person2 or 7bb7 online4 7ii7 ,information to be provided ,the information to be provided to the borrower under clause 7i7 shall include the following3 7,i7 ,information on how interest accrues and is capitalized during periods when the interest is not paid by the borrower4 7,,ii7 ,an explanation of when loan repayment begins1 of the options available for a borrower who may need a deferment1 and that interest accrues during a deferment4 7,,iii7 ,the repayment plans that are available to the borrower1 including personalized information showing-- 7aa7 estimates of the borrower's anticipated monthly payments under each repayment plan that is available2 and 7bb7 the difference in interest paid and total payments under each repayment plan4 7,,iv7 ,the obligation of the borrower to repay the full amount of the loan1 regardless of whether the student on whose behalf the loan was made completes the program in which the student is enrolled4 7,v7 ,the likely consequences of default on the loan1 including adverse credit reports1 delinquent debt collection procedures under ,federal law1 and litigation4 7,,vi7 ,a notification that the loan is not eligible for an income-based repayment plan under section #dic;,c4 7,,vii7 ,the name and contact information of the individual the borrower may contact if the borrower has any questions about the borrower's rights and responsibilities or the terms and conditions of the loan4 7#b7 ,interim in-school counseling requirements for institutions with greater than average student default risk ,each eligible institution that has a student default risk that is greater than the national average student default risk 7as determined by the ,secretary71 shall require each borrower of a loan made1 insured1 or guaranteed under part ,b 7other than a loan made pursuant to section #dbh;,c or a loan made on behalf of a student pursuant to section #dbh;,b7 or made under part ,d 7other than a ,federal ,direct ,consolidation ,loan or a ,federal ,direct ,,plus loan made on behalf of a student71 to undertake not less than #a online or in-person counseling session at the beginning of each academic year that the borrower is enrolled at such institution1 which shall include-- 7,a7 the applicable notification requirements described in paragraph 7#a72 and 7,b7 a statement that student loans must be repaid even if the student does not complete the program in which the student enrolled4 7o7 ,required ,data ,in any case where an institution needs data to comply with subsection 7b71 7l71 or 7n7 that are not available to the institution but that are available to the ,department or a ,federal agency1 the ,secretary or the head of such agency shall provide or make available such information to the institution4 7p7 ,reports relating to clinical training programs 7#a7 ,report on clinical training program agreements 7,a7 ,in ,general ,beginning in the year in which the ,higher ,education ,affordability ,act is enacted1 an eligible institution that participates in any program under this title shall prepare and submit a report to the ,secretary containing the information described in subparagraph 7,c71 for every year in which the eligible institution has an agreement with a hospital or health facility1 through which-- 7i7 the eligible institution agrees to provide funding or other benefits to the hospital or health facility2 and 7ii7 that hospital or health facility provides opportunities for students at the institution to participate in a clinical training program4 7,b7 ,timing ,following the year in which the ,higher ,education ,affordability ,act is enacted1 the report described in this paragraph shall be submitted not more than #cj days after the end of any year for which a report is required to comply with subparagraph 7,a74 7,c7 ,contents of ,report ,the report described in this paragraph shall include the following3 7i7 ,the amount of any payments from the institution of higher education to a hospital or health facility during the period covered by the report1 and the precise terms of any agreement under which such amounts are determined4 7ii7 ,any conditions associated with the transfer of money or the provision of clinical training program opportunities that are part of the agreement described in subparagraph 7,a74 7iii7 ,any memorandum of understanding between the institution of higher education1 or an alumni association or foundation affiliated with or related to such institution1 and a hospital or health facility1 that directly or indirectly relates to any aspect of any agreement referred to in subparagraph 7,a7 or controls or directs any obligations or distribution of benefits between or among any such entities4 7iv7 ,for each hospital or health facility that has an agreement described in subparagraph 7,a7 with the institution1 the number of clinical training positions at the hospital or health facility that are reserved for students at that institution4 7#b7 ,report on charitable donations 7,a7 ,in ,general ,beginning in the year in which the ,higher ,education ,affordability ,act is enacted1 and annually thereafter1 an eligible institution shall prepare and submit to the ,secretary a report containing the information described in subparagraph 7,c7 if-- 7i7 the eligible institution made a charitable donation to a hospital or health facility in any of the previous #c years2 and 7ii7 the number of students from the eligible institution who participate in any clinical training program at the hospital or health facility where such a donation was made increases by more than #e students or #aj percent1 whichever is less1 as compared to the number of such students who participated in a clinical training program at that hospital or health facility during the first year in the previous #c-year period4 7,b7 ,timing ,following the year in which the ,higher ,education ,affordability ,act is enacted1 the report described in subparagraph 7,a7 shall be submitted not more than #cj days after the end of any year for which a report is required to comply with subparagraph 7,a74 7,c7 ,contents of ,report ,the report described in this paragraph shall include the following3 7i7 ,the amount of each charitable donation that was made in the previous #c-year period by the eligible institution to a hospital or health facility4 7ii7 ,the number of students from the eligible institution who participate in any clinical training program at the hospital or health facility where each such donation was made-- 7,i7 during the year in which the report is submitted2 and 7,,ii7 during the first year in the previous #c-year period covered by the report4 7#c7 ,aggregation by institution ,the information required to be reported in this subsection shall include1 and shall be aggregated with respect to1 each institution of higher education and each alumni association or foundation affiliated with or related to such institution4 ,for any year in which an institution is required to submit a report described under paragraph 7#a7 and a report described under paragraph 7#b71 the institution may submit a single report for that year containing all of the information required under paragraphs 7#a7 and 7#b74 7#d7 ,report to ,congress ,the ,secretary1 in conjunction with the ,secretary of ,health and ,human ,services1 shall submit to ,congress1 and make available to the public1 an annual report that lists the reports submitted to the ,secretary by each institution of higher education in accordance with this subsection4 7#e7 ,public disclosure ,each eligible institution described in paragraph 7#a7 or 7#b7 of this subsection shall make readily available the reports described in such paragraph 7as applicable71 through appropriate publications1 mailings1 and electronic media to the general public4 7#f7 ,definitions ,in this subsection3 7,a7 ,clinical training program ,the term clinical training program means any program at1 or associated or affiliated with1 a hospital or health facility 7or any of a hospital's affiliates or health facility's affiliates71 the completion of which fulfills a requirement that is necessary to receive a license1 certificate1 specialized accreditation1 or other academically related pre-condition necessary under ,federal or ,state law for a health profession4 7,b7 ,health facility ,the term health facility has the meaning given that term in section #hjd7;d74 7,c7 ,hospital ,the term hospital has the meaning given that term in section #ahfa of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex74 4 7b7 ,effect on changes to campus safety provisions on other laws ,nothing in the amendments made by subsection 7a77#c71 shall be construed to invalidate or limit rights1 remedies1 procedures1 or legal standards available to victims of discrimination under any other ,federal law or law of a ,state or political subdivision of a ,state1 including title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 section #ejd or #eje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid1 #gid;a71 or the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 ,the obligations imposed by this ,act are in addition to those imposed by title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 and the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7c7 ,effective date for termination of income-,sensitive repayment plan reference ,the amendment made by subsection 7a77#b7 shall take effect on the date that is #a year after the date of enactment of this ,act4 #dhg4 ,improvements to ,national ,student ,loan ,data ,system 7a7 ,amendments ,section #dhe;,b 7#bj ,u4,s4,c4 #ajib;b7 is amended-- 7#a7 in subsection 7a71 by inserting and loans made or insured under part ,a of title ,,vii1 or part ,e of title ,,viii1 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bib et seq41 #bif et seq471 after parts ,d and ,e12 and 7#b7 by striking subsection 7h7 and inserting the following3 7h7 ,integration of databases 7#a7 ,in ,general ,the ,secretary shall integrate the ,national ,student ,loan ,data ,system with the ,federal ,pell ,grant applicant and recipient databases as of ,january #a1 #aiid1 and any other databases containing information on participation in programs under this title4 7#b7 ,department of ,defense and ,department of ,veterans ,affairs ,information 7,a7 ,in ,general ,in order to incorporate the military and veteran status of borrowers into the ,national ,student ,loan ,data ,system1 the ,secretary shall integrate the ,national ,student ,loan ,data ,system with information from-- 7i7 the ,department of ,defense1 including the ,defense ,manpower ,data ,center2 and 7ii7 the ,department of ,veterans ,affairs1 including data about veterans who are eligible for educational assistance under laws administered by the ,secretary of ,veterans ,affairs4 7,b7 ,memoranda of understanding ,the ,secretary shall enter into any memoranda of understanding or other agreements that are necessary to carry out this paragraph4 2 and 7#c7 by adding at the end the following3 7i7 ,public ,health ,service loans ,the ,secretary shall include in the ,national ,student ,loan ,data ,system established pursuant to subsection 7a7 information regarding loans made under-- 7#a7 subpart ,,ii of part ,a of title ,,vii of the ,public ,health ,service ,act2 or 7#b7 part ,e of title ,,viii of the ,public ,health ,service ,act4 7j7 ,private education loan information ,the ,secretary shall include in the ,national ,student ,loan ,data ,system established pursuant to subsection 7a7 the information regarding private education loans that is determined necessary by the ,director of the ,bureau of ,consumer ,financial ,protection1 in coordination with the ,secretary1 to be included pursuant to section #abh7;e77#ac7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afch7;e77#ac774 4 7b7 ,reports 7#a7 ,plan ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,education shall submit to the appropriate committees of ,congress a report that includes a plan to implement the ,department of ,defense and ,department of ,veterans ,affairs data integration provision described under section #dhe;,b7h77#b7 of the ,higher ,education ,act of #aife1 as amended by subsection 7a77#b74 7#b7 ,follow-up ,report ,if the ,secretary of ,education has not implemented the ,department of ,defense and ,department of ,veterans ,affairs data integration provision described under section #dhe;,b7h77#b7 of the ,higher ,education ,act of #aife1 as amended by subsection 7a77#b71 by the date that is #a year after the date of enactment of this ,act1 the ,secretary of ,education shall submit1 by such date1 a report that includes an explanation of why such provision has not been implemented4 #dhh4 ,competency-based education demonstration program ,part ,g of title ,,iv 7#bj ,u4,s4,c4 #ajhh et seq47 is further amended by inserting after section #dhf;,a the following3 #dhf;,b4 ,competency-based education demonstration program 7a7 ,purpose ,it is the purpose of this section-- 7#a7 to allow a demonstration program that is monitored by the ,secretary to explore ways of delivering education and disbursing student financial aid that are based on demonstrating competencies rather than credit hours2 7#b7 to potentially lower the cost of postsecondary education and reduce the time needed to attain a postsecondary degree2 and 7#c7 to help determine-- 7,a7 the specific statutory and regulatory requirements that should be modified to provide greater access to high-quality competency-based education programs1 which may be independent of1 or combined with1 traditional credit hour or clock hour programs2 7,b7 the most effective means of delivering competency-based education2 and 7,c7 the appropriate level and distribution methodology of ,federal assistance for students enrolled in competency-based education4 7b7 ,definitions ,in this section3 7#a7 ,competency-based education ,the term competency-based education means an academic program that-- 7,a7 uses direct assessment of learning for any of its components as a substitute for traditional coursework measured in credit-hours2 and 7,b7 upon successful completion1 results in the attainment of a #b-year or #d-year postsecondary degree or certificate4 7#b7 ,eligible entity ,the term eligible entity means any of the following3 7,a7 ,an institution of higher education1 as defined in section #aja1 that is eligible to participate in programs under this title4 7,b7 ,a consortia of institutions of higher education that meet the requirements in subparagraph 7,a74 7c7 ,demonstration programs authorized 7#a7 ,in general ,the ,secretary shall carry out a competency-based education demonstration program under which the ,secretary selects1 in accordance with subsection 7e71 eligible entities to participate and receive waivers described in paragraph 7#b71 in order to enable the eligible entities to offer competency-based education programs4 7#b7 ,waivers 7,a7 ,in general ,the ,secretary may waive1 for an eligible entity participating in the demonstration program under this section1 any requirement of subsections 7a7 and 7f7 of section #dha as such subsections relate to requirements under this ,act for a minimum number of weeks of instruction 7including any regulation promulgated under such subsections74 7,b7 ,additional requirements eligible for waiver 7i7 ,in general ,in addition to any waiver authorized under subparagraph 7,a71 the ,secretary may waive any requirements described in clause 7ii7 for an eligible entity that requests such a waiver in the application submitted under subsection 7d71 if-- 7,i7 the ,secretary determines that the eligible entity has proposed a high-quality plan for competency-based education that requires such waiver2 7,,ii7 the eligibility entity has provided equivalent metrics to each of the requirements described in clause 7ii7 for which the eligible entity is seeking a waiver2 and 7,,iii7 the ,secretary has certified that all requirements being waived have such high-quality equivalents4 7ii7 ,description of additional requirements ,requirements described in this clause are requirements under this part1 part ,f1 or title ,i 7including any regulations promulgated under such parts or title7 that inhibits the operation of competency-based education1 related to-- 7,i7 minimum weeks of instructional time2 7,,ii7 credit hour or clock hour equivalencies2 and 7,,iii7 the definitions of the terms academic year1 full-time student1 standard term1 non-term1 non-standard term1 term1 satisfactory academic progress1 educational activity1 program of study1 and payment period4 7d7 ,application 7#a7 ,in general ,each eligible entity desiring to participate in the demonstration program under this section shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary shall require4 7#b7 ,contents ,each application submitted under paragraph 7#a7 shall include-- 7,a7 a description of the competency-based education to be offered by the eligible entity through the demonstration program2 7,b7 a detailed description of the proposed academic delivery1 business1 and financial models to be used in the program1 including brief explanations of how the program's approach would result in the achievement and assessment of competencies and how the approach would differ from standard credit hour approaches2 7,c7 7i7 a summary of the evidence-based analysis of the financial impact of the proposed program on the institution1 its prospective students1 and the ,federal government2 and 7ii7 a written assurance that-- 7,i7 the summary presented to the ,secretary is a good-faith representation of all the information available to the institution at the time of the application2 and 7,,ii7 all material internal analyses and supporting data used in the summary shall be retained and made available to the ,secretary upon request for a period of not less than #e years after the approval of the proposed program2 7,d7 a written assurance that the program fully conforms to the institution's academic policies1 and that any degrees or certificates conferred through the program shall be equivalent to the institution's traditional degrees or certificates2 7,e7 documentation of approval of the competency-based demonstration program from a regional accrediting agency or association2 7,f7 a description of the statutory and regulatory requirements described in subsection 7c77#b7 for which a waiver is sought1 the reasons for which each such waiver is sought1 and how the institution proposes to mitigate any risks to students or the ,federal ,government as a result of the waiver2 7,g7 a description of the entity's proposal for determining a student's ,federal student aid eligibility under this title and awarding and distributing such aid1 including safeguards to ensure that students are making satisfactory progress that warrants disbursement of such aid1 and an explanation of how the proposal ensures that the program does not require the expenditure of additional ,federal funding beyond what the student is eligible for2 7,h7 a description of the students to whom competency-based education will be offered1 including an assurance that the eligible entity will include a minimum of #ajj and a maximum of #b1jjj eligible students as part of the program2 7,i7 a description of the goals the entity hopes to achieve through the use of competency-based education1 including evidence-based estimates of cost savings to the institution1 students1 and the ,federal ,government as a direct result of the delivery method being proposed2 7,j7 a description of how the entity plans to maintain program quality and integrity1 consistent with part ,h2 7,k7 an assurance that the entity will fully cooperate with the ongoing evaluations of the demonstration program under subsection 7f77#c72 7,l7 an assurance that the entity will not require the expenditure of additional ,federal funding to implement the proposed program2 7,m7 an evidence-based estimate of the percentage of students the program would enroll whom the institution estimates will successfully complete the program1 satisfy all academic requirements1 and attain the academic credential the program is intended to confer2 7,n7 a written assurance that the eligible entity will comply with section #ddd of the ,general ,education ,provisions ,act 7commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd7 by agreeing to obtain a signed consent form from each student who will participate in the program1 before the student enrolls in the program or receives ,federal student financial aid under this title for the program1 that will allow the ,secretary to conduct an evaluation of the program's effectiveness1 including its impact on post-enrollment earnings through matching data with other ,federal agencies1 as long as-- 7i7 no information from the student's education record would be permanently stored with any other ,federal agency2 and 7ii7 no student's personally identifiable information would be publicly disclosed2 and 7,o7 such other information as the ,secretary may require4 7e7 ,selection 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall select not more than #ae eligible entities to participate in the demonstration program under this section4 7#b7 ,considerations ,in selecting eligible entities to participate in the demonstration program under this section1 the ,secretary shall-- 7,a7 not select any eligible entity for which the estimated percentage of students in the proposed program expected to complete their degree1 as provided in the application under subsection 7d77#b77,o71 is lower than the percentage of students enrolled in traditional academic programs at the institution that complete their degree or program of study2 7,b7 consider the number and quality of applications received2 7,c7 consider the eligible entity's-- 7i7 demonstrated quality1 as measured through outcome-based metrics of student success2 7ii7 financial responsibility2 7iii7 administrative capability1 including the ability to successfully execute the program as described2 7iv7 commitment and ability to effectively finance a demonstration program as proposed2 7v7 demonstrated administrative capability and expertise to evaluate learning based on measures other than credit hours or clock hours2 7vi7 commitment to allow random assignment and collection of school records of eligible program applicants1 in full compliance with section #ddd of the ,general ,education ,provisions ,act 7commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd71 if necessary1 in order to allow for the evaluation of program impacts described in subsection 7f77#b77;,b72 and 7vii7 ability to translate competencies to traditional credit hours to help facilitate the ability of students participating in the demonstration project to transfer to another institution of higher education if the student so desires2 7,d7 ability to offer a financial guarantee to assume all ,federal loans made under part ,d to students who demonstrate that the education received did not lead to improved employment prospects2 7,e7 consider the ,department's capacity to oversee and monitor each eligible institution's participation2 and 7,f7 ensure the participation of a diverse group of institutions of higher education 7including institutions within eligible entities described in subparagraph 7,b7 or 7,c7 of subsection 7b77#b77 with respect to size1 mission1 and geographic distribution of the institutions4 7#c7 ,notification ,not later than #ahj days after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall make available to the authorizing committees1 and to the public through the ,department's website1 a list of the eligible entities selected to participate in the demonstration program under this section4 ,such list shall include1 for each such eligible entity1 the specific statutory and regulatory requirements that the ,secretary is waiving for the program and a description of the competency-based education courses to be offered4 7f7 ,evaluations and reports 7#a7 ,eligible entity report ,each eligible entity that participates in the demonstration program under this section shall prepare and submit to the ,secretary an annual report that includes all of the following3 7,a7 ,for each student participating in the competency-based education program offered by the eligible entity-- 7i7 the number of postsecondary credit hours the student had earned prior to enrollment in the program2 7ii7 the period of time between the admission of the student in the program and the first assessment of the student's learning2 7iii7 the number of credits or competencies and progress towards completion that the student acquired through the program and the period of time during which the student acquired such credits1 competencies1 and made such progress2 7iv7 an identification of whether the student is participating in the program and only receiving competency-based education or participating in the program while also taking courses offered in credit or clock hours2 7v7 the percentage of assessments of student learning that the student passed on the first attempt1 during the period of the student's participation in the program2 and 7vi7 the percentage of assessments of student learning that the student passed on the second attempt1 and the average period of time between the student's first and second attempts1 during the period of the student's participation in the program4 7,b7 ,the rates of retention in the program for participating students1 for each #f-month period of the program4 7,c7 ,graduation rates for participating students and the average period of time for degree completion by a student participating in the program1 disaggregated based on student status as a first-year1 second-year1 third-year1 or fourth-year student when the student enrolled in the program and status with respect to participating in courses offered in credit or clock hours while also participating in competency-based education4 7,d7 ,issues related to awarding and disbursing student financial assistance for competency-based education4 7,e7 ,the job placement rates of all students who participated in the program1 as measured in the second fiscal year after the completion of the program4 ,the ,secretary may offer guidance for the purposes of making this calculation4 7,f7 ,an analysis of the mean debt to earnings ratio1 and the mean debt to discretionary earnings ratio1 of the students who participated in the program1 as measured in the second fiscal year after the completion of the program-- 7i7 in the aggregate and disaggregated for students who earned the degree or credential and students who did not earn the degree or credential2 and 7ii7 calculated for each quintile of students1 based on the salary of the students after participation in the program4 7,g7 ,a compilation of quality reviews by students who participated in the program4 7,h7 ,such other information as the ,secretary may require4 7#b7 ,evaluation ,the ,secretary shall-- 7,a7 in the aggregate1 annually evaluate the program offered by each eligible entity participating in the demonstration program under this section to review-- 7i7 the extent to which the eligible entity has met the goals set forth in its application under subsection 7d71 including the progress of the eligible entity based on the measures of program quality assurance2 7ii7 the number and types of students participating in the competency-based education programs offered1 including the progress of participating students toward recognized degrees and the extent to which participation1 postsecondary education retention1 postsecondary education completion1 employment after graduation1 and debt repayment increased or decreased for participating students as compared to the general postsecondary education student population2 7iii7 obstacles related to student financial assistance for competency-based education2 and 7iv7 the extent to which statutory or regulatory requirements not waived under the demonstration program present difficulties for students or institutions of higher education2 and 7,b7 acting through the ,director of the ,institute of ,education ,sciences-- 7i7 evaluate the implementation and impact of the activities allowed under this section2 and 7ii7 identify promising practices regarding competency-based education and disseminate research on these practices4 7#c7 ,annual report ,the ,secretary shall annually prepare and submit to the authorizing committees a report that includes the following3 7,a7 ,the evaluations of the demonstration programs required under paragraph 7#c74 7,b7 ,the number and types of students receiving assistance under this title who participate in competency-based education programs supported under this section4 7,c7 ,the postsecondary education retention and completion rates of students participating in such programs4 7,d7 ,the job placement rates of participating students1 as measured #b fiscal years after the completion of such programs4 7,e7 ,an analysis of the mean debt to earnings ratio1 and the mean debt to discretionary earnings ratio of the students who participated in the program1 as measured in the second fiscal year after the completion of the program-- 7i7 in the aggregate and disaggregated for students who earned the degree or credential and students who did not the degree or credential2 and 7ii7 calculated for each quintile of students1 based on the salary of the students after participation in the program4 7,f7 ,any statutory changes the ,secretary would recommend that are designed to support and enhance the expansion of competency-based education4 7,g7 ,other such measures as determined by the ,secretary4 7g7 ,oversight ,in conducting the demonstration program under this section1 the ,secretary shall1 on a continuing basis-- 7#a7 ensure that eligible entities participating in the program comply with the requirements of this title 7other than the requirements that are waived under subsection 7c77#b772 7#b7 provide technical assistance2 7#c7 monitor fluctuations in the student population enrolled in the participating eligible entities2 and 7#d7 consult with appropriate accrediting agencies or associations and appropriate ,state regulatory authorities regarding the program4 7h7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year #bjae and each of the five succeeding fiscal years4 4 #dhi4 ,program participation agreements 7a7 ,sense of the ,senate regarding incentive compensation ,it is the sense of the ,senate that-- 7#a7 incentive compensation is an inappropriate mechanism in the delivery of higher education for institutions of higher education wishing to participate in programs under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq472 and 7#b7 the ban on incentive compensation under section #dhg7;a77#bj7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77#bj771 as amended by subsection 7b71 is intended to preclude its use by institutions wishing to participate in such programs1 at any point in the recruitment1 enrollment1 education1 or employment placement of students4 7b7 ,amendments ,section #dhg 7#bj ,u4,s4,c4 #ajid7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#ai71 by inserting housing facilities1 after libraries12 and 7,b7 by striking paragraph 7#bj7 and inserting the following3 7#bj7 7,a7 7i7 ,the institution or any third party acting on the institution's behalf1 including an institution affiliate or service provider to the institution1 will not provide any commission1 bonus1 or other incentive payment to any person or entity at any phase of the academic process based directly or indirectly on success in-- 7,i7 securing enrollments or securing or awarding financial aid2 7,,ii7 performance in educational coursework2 7,,iii7 graduation2 7,,iv7 job placement2 or 7,v7 any other academic facet of a student's enrollment in an institution of higher education4 7ii7 ,the requirements of subparagraph 7,a7 shall not apply to the recruitment of foreign students residing in foreign countries who are not eligible to receive ,federal student assistance4 7,b7 ,the institution affirmatively acknowledges that the provision of incentive compensation to employees of institutions1 institution affiliates1 or service providers retained by the institution at any point in the recruitment1 enrollment1 education1 or employment placement of students is a prohibited activity under subparagraph 7,a77i74 7,c7 ,the institution will provide1 upon hiring an employee or contracting with a service provider1 and not less than once per calendar year1 official notice1 on a form developed by the ,secretary1 to employees and service providers 7and employees of service providers7 contracted by the institution of the statutory and regulatory requirements pursuant to this section4 7,d7 ,the institution will not enter into any contract with a third party acting on its behalf1 including institution affiliates or service providers1 that contains a revenue-sharing component premised in full or in any part on any practice described in subparagraph 7,a77i74 2 7,c7 by striking paragraph 7#bd7 and inserting the following3 7#bd7 ,the institution certifies that the institution-- 7,a7 has designated an appropriate staff person1 who may also be a coordinator for other programs1 as a single point of contact to assist homeless children and youths 7as such term is defined in section #gbe of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a77 and foster care children and youth in accessing and completing postsecondary education2 7,b7 posts public notice about student financial assistance and other assistance available to homeless children and youths and foster care children and youth1 including their eligibility as independent students under subparagraphs 7,b7 and 7,h7 of sections #dhj7;d77#a72 7,c7 has developed a plan for how homeless children and youths and foster care children and youth can access housing resources during and between academic terms1 through means that may include access to on-campus housing during school breaks and a list of housing resources in the community that provide short-term housing2 and 7,d7 has included in the institution's application for admission questions 7to be answered voluntarily7 regarding the applicant's status as a homeless child or youth or foster care child or youth1 which the applicant can voluntarily choose to answer for the limited purpose of being provided information about financial aid or any other available assistance4 2 7i7 in paragraph 7#be77;,a77ii71 by striking subsection 7e7 and inserting subsection 7d72 7ii7 in paragraph 7#bg71 by striking subsection 7h7 and inserting subsection 7g72 7,d7 by striking paragraph 7#bh7 and inserting the following3 7#bh7 7,a7 ,the institution shall-- 7i7 upon the request of a private educational lender1 acting in connection with an application initiated by a borrower for a private education loan in accordance with section #abh7;e77#c7 of the ,truth in ,lending ,act1 provide-- 7,i7 certification to such private educational lender-- 7aa7 that the student who initiated the application for the private education loan1 or on whose behalf the application was initiated1 is enrolled or is accepted for enrollment at the institution2 7bb7 of such student's cost of attendance at the institution as determined under part ,f of this title2 and 7cc7 of the difference between-- 7,,aa7 the cost of attendance at the institution2 and 7,,bb7 the student's estimated financial assistance received under this title1 if the student pursued such assistance1 and other assistance known to the institution1 as applicable2 or 7,,ii7 in the case of a private education loan that the institution may not certify because the private education loan does not meet the requirements described in subsection 7,d71 provide notice to the private educational lender of the institution's refusal to certify the private education loan2 and 7ii7 provide the certification described in clause 7i77,i71 or notice of the refusal to provide certification described in clause 7i77,,ii71 as the case may be1 or notify the creditor that the institution has received the request for certification and will need additional time to comply with the certification request-- 7,i7 within #ae business days of receipt of such certification request2 and 7,,ii7 only after the institution has completed the activities described in subparagraph 7,b74 7,b7 ,the institution shall1 upon receipt of a certification request described in subparagraph 7,a77i71 and prior to providing the certification under subparagraph 7,a77i77,i7 or providing notice of the refusal to provide certification under subparagraph 7,a77i77,,ii7-- 7i7 determine whether the student who initiated the application for the private education loan1 or on whose behalf the application was initiated1 has applied for and exhausted the ,federal financial assistance available to such student under this title and inform the student accordingly2 and 7ii7 provide the student whose loan application has prompted the certification request by a private education lender1 as described in subparagraph 7,a77i71 with the following information and disclosures3 7,i7 ,the availability of1 and the student's potential eligibility for1 ,federal financial assistance under this title1 including the explanation of the benefits provided under ,federal student loans developed by the ,secretary under section #dhc;,a7b74 7,,ii7 ,the student's ability to select a private educational lender of the student's choice4 7,,iii7 ,the impact of a proposed private education loan on the student's potential eligibility for other financial assistance1 including ,federal financial assistance under this title4 7,,iv7 ,the student's right to accept or reject a private education loan within the #cj-;day period following a private educational lender's approval of a student's loan application and the right of a borrower of a private education loan to cancel the loan within a #c-;day period1 in accordance with paragraphs 7#f7 and 7#g7 of section #abh7;e7 of the ,truth in ,lending ,act4 7,c7 ,for purposes of this paragraph1 the term private educational lender has the meaning given such term in section #adj of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afej74 7,d7 ,in the case of a private education loan that includes a cosigner1 the institution shall not provide certification to a private educational lender under this paragraph unless the private educational lender agrees to send a statement to the borrower's cosigner1 annually notifying the cosigner of the terms1 conditions1 and status of such private education loan4 2 and 7,e7 by adding at the end the following3 7#cj7 7,a7 ,the institution-- 7i7 shall not include a predispute arbitration agreement in any contract with a student or prospective student for enrollment at the institution2 and 7ii7 shall agree that1 in any case where a contract for enrollment at the institution entered into by a student before the date of enactment of the ,higher ,education ,affordability ,act included a predispute arbitration agreement1 such agreement shall be invalid and unenforceable by the institution4 7,b7 ,in this paragraph1 the term predispute arbitration agreement means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement4 7#ca7 ,the institution will provide the ,secretary with any information that the ,secretary requests in order to meet the default prevention requirements of section #dce7;a77#g74 7#cb7 7,a7 ,if the institution has a student default risk for a fiscal year1 as calculated by the ,secretary1 of #j4a or greater1 the institution will1 for such year-- 7i7 provide an individual accepted for enrollment at the institution with a waiting period1 beginning on the date that the individual receives notification of the acceptance and lasting for not less than #b weeks1 before the individual is required to enroll in the institution1 pay tuition charges1 or sign a master promissory note for a loan under this title1 in order to give the individual time to consider1 and compare among postsecondary options1 program costs at the institution and employment prospects upon completion of a program of study2 7ii7 ensure that the receipt of financial aid1 incentives1 or other benefits is not made contingent on an individual confirming enrollment before the end of the individual's waiting period2 7iii7 inform the individual1 in writing and in a manner determined by the ,secretary at the time of the acceptance notification1 of-- 7,i7 the individual's right to the #b-week waiting period under clause 7i7 beginning on the date that the individual receives notification of the acceptance2 and 7,,ii7 the reason why the institution is required to provide such waiting period2 7iv7 notify an individual accepted for enrollment at the institution of all financial aid determinations by not less than #a week before the enrollment confirmation deadline1 if all requested application forms are received from the individual on time2 and 7v7 disclose to an individual accepted for enrollment1 in a manner determined by the ,secretary1 that the individual may file a complaint through the complaint tracking system established under section #afa if the individual believes that the institution has violated any provision of this paragraph4 7,b7 ,if an institution described in subparagraph 7,a7 fails to meet the requirements of this paragraph1 the institution shall be subject to a civil penalty in accordance with section #dhi;,a4 7,c7 ,notwithstanding subparagraph 7,a71 the ,secretary may1 after providing notice and an opportunity to comment1 elect to replace the use of the student default risk percentage threshold established under subparagraph 7,a7 with a loan repayment rate threshold calculated in accordance with section #dhc;,d7b74 7#cc7 ,in the case of an institution that enrolls during an academic year more than #ajj students who are veterans1 the institution shall certify that the institution has developed and implemented a plan to ensure the success of veterans at that institution4 ,to the extent practicable1 the institution shall make the plan1 and associated policies1 public and accessible to students who are veterans4 ,such plan shall include the following3 7,a7 ,the designation of certain faculty or staff at the institution who will serve as a point of contact for veterans-- 7i7 within campus offices1 including the admissions office2 and 7ii7 during any orientation process for newly enrolled students4 7,b7 ,the establishment of a working group that will be responsible for veterans issues4 7,c7 ,a description of disability services that are available to meet the needs of disabled students who are veterans4 7,d7 ,a plan for how the institution will identify students who are veterans through the application process1 or through other processes1 to provide better assistance in the receipt of educational assistance under laws administered by the ,secretary of ,veterans ,affairs or the ,secretary of ,defense4 7,e7 ,a description of how the institution will evaluate and maximize the number of credits students can receive from military training and service4 7#cd7 ,the institution1 and the officers at the institution1 will not make any substantial misrepresentation1 as described in section #dhi;,a7a77#a77;,a74 7#ce7 ,the institution will adopt policies regarding academic leaves of absence1 readmission1 and dismissal for psychiatric reasons that are comparable to such policies for physical health and other medical reasons1 including policies that include the same guarantees of due process and appeal4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a77i71 by striking available and inserting made publicly available and provided4 7ii7 by striking subparagraphs 7,f7 and 7,g72 7iii7 by redesignating subparagraphs 7,h7 and 7,i7 as subparagraphs 7,f7 and 7,g71 respectively2 and 7iv7 in subparagraph 7,f71 as redesignated by clause 7iii71 by striking under paragraph 7#c77;,b7 and inserting on the institution of higher education under section #dhi;,a2 and 7,b7 by striking paragraph 7#c72 and 7,c7 by redesignating paragraphs 7#d7 through 7#g7 as paragraphs 7#c7 through 7#f71 respectively2 7#c7 by striking subsection 7d72 7#d7 by redesignating subsections 7e7 through 7j7 as subsections 7d7 through 7i71 respectively2 and 7#e7 in subsection 7f77#a7 7as redesignated by paragraph 7#d771 by striking subsection 7e77#b7 and inserting subsection 7d77#b74 7c7 ,effective date regarding private loan certification ,the amendment made by subsection 7b77#a77;,d7 shall take effect on the effective date of the regulations described in section #ajab7;b74 #dij4 ,civil penalties ,part ,g of title ,,iv is further amended by inserting after section #dhi the following3 #dhi;,a4 ,civil penalties and other remedies 7a7 ,definitions ,in this section3 7#a7 ,substantial misrepresentation or other serious violation ,the term substantial misrepresentation or other serious violation means any of the following3 7,a7 ,a substantial misrepresentation regarding-- 7i7 the nature of the educational program of an institution of higher education2 7ii7 the financial charges of the institution2 7iii7 the space availability in a program of the institution for which a student is considering enrollment2 7iv7 the admission requirements of the institution2 7v7 the transferability of credits from the institution2 7vi7 whether a program of the institution meets the necessary standards to qualify students to sit for licensing examinations1 or obtain certification required as a precondition for employment1 in the ,state in which the students reside2 7vii7 the passage rates of students at the institution in obtaining certification requirements2 7viii7 the passage rates of students who sit for licensing examinations2 or 7ix7 the employability of the graduates of the institution4 7,b7 ,failure of an institution subject to the requirements of section #dhg7;a77#cb7 to comply with such section4 7,c7 ,a knowing and willful misuse of ,federal student aid from any source4 7,d7 ,a violation of section #dhg7;a77#bj74 7,e7 ,a violation of the default manipulation regulations promulgated by the ,secretary under section #dce7m77#c74 7,f7 ,failure to comply with the program review process described in section #dih;,a1 including any disclosure requirement described in paragraph 7#b77;,c7 or 7#e7 of section #dih;,a7b74 7,g7 ,a violation of the program integrity regulations promulgated by the ,secretary under this ,act4 7,h7 ,a violation of this ,act that the ,secretary has determined1 by regulation1 to be a serious violation for purposes of this section4 7#b7 ,officer of an institution of higher education ,the term officer of an institution of higher education includes the president1 chief executive officer1 and chief financial officer of an institution of higher education or their equivalents4 7b7 ,sanctions for substantial misrepresentations or serious violations 7#a7 ,civil penalties 7,a7 ,in general ,the ,secretary may impose a civil penalty upon an eligible institution upon making a determination1 after reasonable notice and opportunity for a hearing1 that an eligible institution has engaged in a substantial misrepresentation or other serious violation4 7,b7 ,amount of civil penalties ,a civil penalty imposed for a violation under subparagraph 7,a7 shall be not less than #ajj1jjj or-- 7i7 in the case of a first violation1 an amount equal to the product of #a1jjj1jjj multiplied by the institution's student default risk1 whichever is larger2 7ii7 in the case of a second violation1 an amount equal to the product of #b1jjj1jjj multiplied by the institution's student default risk1 whichever is larger2 and 7iii7 in the case of a third or subsequent violation1 an amount equal to the product of #c1jjj1jjj multiplied by the institution's student default risk1 whichever is larger4 7,c7 ,treatment of multiple institutions ,for the purpose of determining the number of violations for subparagraph 7,b71 any violation by a particular institution will accrue against all identification codes used by the ,office of ,postsecondary ,education to designate campuses and institutions affiliated with the institution1 and within the period of participation for the institution1 as defined in section #ffh4ac7;b7 of title #cd1 ,code of ,federal ,regulations1 or any successor regulation4 7c7 ,sanctions for other violations of this title ,upon determination1 after reasonable notice and opportunity for a hearing1 that an eligible institution has engaged in a violation of any other provision of this title1 including the failure to carry out any provision of this title1 that is not a significant misrepresentation or other serious violation1 the ,secretary may impose a civil penalty upon such institution of not more than #ajj1jjj 7subject to such adjustments for inflation as may be prescribed in regulation7 for each such violation4 7d7 ,civil penalties and sanctions for officers of institutions ,upon determination1 after reasonable notice and an opportunity for a hearing on the record1 that an officer of an institution of higher education that participates in a program under this title has knowingly and willfully1 or with gross negligence1 violated a provision of this title1 the ,secretary may sanction the officer4 ,such sanctions may include the following3 7#a7 ,prohibiting the institution of higher education that has employed the officer of an institution of higher education and that participates in a program under this title1 or any other institution of higher education that participates in a program under this title1 from employing the officer1 except that any such prohibition under this subsection shall not be for a period of more than #e years from the date of the determination of the violation4 7#b7 ,assessing a civil penalty against an officer of an institution of higher education who has knowingly and willfully1 or with gross negligence1 violated a provision of this title1 except that any such civil penalty under this subsection shall not be greater than the amount of the officer's compensation for each year for which the violations are determined to have occurred4 ,for purposes of this subparagraph1 an officer's compensation shall include proceeds of any sales of stock and any incentive-based compensation 7including stock options awarded as compensation7 based on information required to be reported to the ,secretary or any other ,federal agency during the period in which the violations are determined to have occurred4 7e7 ,limitation1 suspension1 or termination of eligibility status 7#a7 ,in general ,upon determination1 after reasonable notice and opportunity for a hearing1 that an eligible institution has engaged in a violation of any provision of this title 7including the failure to carry out any provision of this title or any regulation prescribed under such provision7 or a violation of any applicable special arrangement1 agreement1 or limitation1 the ,secretary may limit1 suspend1 or terminate the participation in any program under this title of an eligible institution1 subject to the requirements of paragraph 7#b74 7#b7 ,suspension procedures ,no period of suspension under this section shall exceed #fj days unless the institution and the ,secretary agree to an extension or unless limitation or termination proceedings are initiated by the ,secretary within that period of time4 7f7 ,emergency action 7#a7 ,in general ,the ,secretary may take an emergency action against an institution1 under which the ,secretary shall1 effective on the date on which a notice and statement of the basis of the action is mailed to the institution 7by registered mail1 return receipt requested71 withhold funds from the institution or its students and withdraw the institution's authority to obligate funds under any program under this title1 if the ,secretary-- 7,a7 receives information1 determined by the ,secretary to be reliable1 that the institution is violating any provision of this title1 any regulation prescribed under this title1 or any applicable special arrangement1 agreement1 or limitation2 7,b7 determines that immediate action is necessary to prevent misuse of ,federal funds2 and 7,c7 determines that the likelihood of loss outweighs the importance of the procedures prescribed in subsection 7e7 for limitation1 suspension1 or termination4 7#b7 ,time limitation ,an emergency action described in paragraph 7#a7 shall not exceed #cj days unless limitation1 suspension1 or termination proceedings are initiated by the ,secretary against the institution within that period of time4 7#c7 ,opportunity to show cause ,the ,secretary shall provide an institution that is the subject of an emergency action under this subsection an opportunity to show cause1 if the institution so requests1 that the emergency action is unwarranted and should be lifted4 7g7 ,lifting of sanctions ,notwithstanding any other provision of this title1 an institution of higher education that has been sanctioned by the ,secretary under this section or any other provision of this title may not have such sanctions lifted until the ,secretary has conducted a subsequent program review under section #dih;,a and has found the institution to be in compliance with this title4 7h7 ,single course of conduct2 compromise authority and collection of penalty 7#a7 ,same course of conduct ,for purposes of this section1 acts and omissions relating to a single course of conduct shall be treated as a single violation4 7#b7 ,compromise authority ,any civil penalty under this section may be compromised by the ,secretary4 ,in determining the amount of such penalty1 or the amount agreed upon in compromise1 the ,secretary shall consider-- 7,a7 the appropriateness of the penalty to the size of the institution of higher education subject to the determination2 and 7,b7 the gravity of the violation1 failure1 or misrepresentation4 7i7 ,collection of penalty ,the amount of any penalty under this section may be deducted from any sums owing by the ,united ,states to the institution charged4 7j7 ,disposition of amounts recovered 7#a7 ,in general ,amounts collected under this section shall be transferred to the ,secretary1 who shall determine the distribution of collected amounts1 in accordance with paragraphs 7#b7 and 7#c74 7#b7 ,use for program integrity efforts and program reviews 7,a7 ,in general ,for each fiscal year1 an amount equal to not more than #ej percent of the amounts recovered or collected under this section-- 7i7 shall be available to the ,secretary to carry out program reviews under section #dih;,a and other efforts by the ,secretary related to program integrity under part ,h2 and 7ii7 may be credited1 if applicable1 for that purpose by the ,secretary to any appropriations and funds that are available to the ,secretary for obligation at the time of collection4 7,b7 ,supplement not supplant ,amounts made available under subparagraph 7,a7 shall be used to supplement and not supplant any other amounts available to the ,secretary for the purpose described in such subparagraph4 7,c7 ,availability for funds ,any amounts collected under this section that are made available under paragraph 7#b7 shall remain available until expended4 7#c7 ,use for student relief fund ,for each fiscal year1 an amount equal to not less than #ej percent of the amounts recovered or collected under this section shall be deposited into the ,student ,relief ,fund established under subsection 7k74 7#d7 ,report ,the ,secretary shall regularly publish1 on the website of the ,department1 a detailed description that includes-- 7,a7 the amount of funds that were distributed for the purposes described in paragraph 7#b7 and the amount used for the ,student ,relief ,fund under paragraph 7#c72 and 7,b7 how funds were distributed among the purposes described in paragraph 7#b77;,a77i74 7k7 ,student relief fund 7#a7 ,establishment ,the ,secretary shall establish a ,student ,relief ,fund 7referred to in this subsection as the ,fund7 that shall be used1 subject to the availability of funds1 to provide financial relief to any student enrolled in an institution of higher education that-- 7,a7 has failed to comply with an eligibility requirement under section #aja or #ajb or an obligation incurred under the terms of the program participation agreement under section #dhg2 or 7,b7 has been sanctioned under subsection 7b7 or 7c74 7#b7 ,determination of relief ,the ,secretary1 in consultation with ,director of the ,bureau of ,consumer ,financial ,protection-- 7,a7 shall determine the manner of relief to be provided under paragraph 7#a71 which may include tuition reimbursement or full or partial loan forgiveness2 and 7,b7 may issue regulations regarding how the amounts in the ,fund will be distributed among students eligible for the funds4 7#c7 ,treatment and availability of funds 7,a7 ,funds that are not government funds ,funds obtained by or transferred to the ,fund shall not be construed to be ,government funds or appropriated monies4 7,b7 ,amounts not subject to apportionment ,notwithstanding any other provision of law1 amounts in the ,fund shall not be subject to apportionment for purposes of chapter #ae of title #ca1 ,united ,states ,code1 or under any other authority4 7,c7 ,no fiscal year limitation ,sums deposited in the ,fund shall remain in the ,fund and be available for expenditure under this chapter without fiscal year limitation4 7#d7 ,investments 7,a7 ,amounts in fund may be invested ,the ,secretary of ,education may request the ,secretary of the ,treasury to invest the portion of the ,fund that is not1 in the discretion of the ,secretary of ,education1 required to meet the current needs of the ,fund4 7,b7 ,eligible investments ,investments shall be made by the ,secretary of the ,treasury in obligations of the ,united ,states or obligations that are guaranteed as to principal and interest by the ,united ,states1 with maturities suitable to the needs of the ,fund as determined by the ,secretary on the record4 7,c7 ,interest and proceeds credited ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,fund shall be credited to the ,fund4 7#e7 ,regulations ,the ,secretary shall prescribe regulations to implement the requirements of this section within #a year after the date of enactment of the ,higher ,education ,affordability ,act4 7#f7 ,authorization of appropriations ,in addition to funds derived from financial penalties assessed pursuant to subsection 7j71 there are authorized to be appropriated such sums as may be necessary to carry out this subsection for fiscal year #bjae and each of the five succeeding fiscal years4 7l7 ,state enforcement 7#a7 ,in general ,any violation of subsection 7b71 including the regulations promulgated under such subsection1 shall be a cause of action enforceable by the ,state1 through the attorney general 7or the equivalent thereof7 of the ,state1 in any district court of the ,united ,states in that ,state or in a ,state court that is located in that ,state and that has jurisdiction over the defendant4 ,the ,state may seek any relief provided under paragraph 7#d77;,b7 for such violation1 or any remedies otherwise provided under law4 7#b7 ,notice required 7,a7 ,in general ,before initiating any action in a court or other administrative or regulatory proceeding against any institution of higher education as authorized by paragraph 7#a7 to enforce any provision of this subsection1 including any regulation promulgated by the ,secretary under this subsection1 a ,state attorney general shall timely provide a copy of the complete complaint to be filed and written notice describing such action or proceeding to the ,secretary1 except as provided in subparagraph 7,b74 7,b7 ,emergency action ,if prior notice is not practicable1 the ,state attorney general shall provide a copy of the complete complaint and the notice to the ,secretary immediately upon instituting the action or proceeding4 7,c7 ,contents of notice ,the notification required under this subparagraph shall1 at a minimum1 describe-- 7i7 the identity of the parties2 7ii7 the alleged facts underlying the proceeding2 and 7iii7 whether there may be a need to coordinate the prosecution of the proceeding so as not to interfere with any action1 including any rulemaking1 undertaken by the ,secretary or another ,federal agency4 7#c7 ,regulations ,the ,secretary shall prescribe regulations to implement the requirements of this subsection and periodically provide guidance in order to further coordinate actions with the ,state attorneys general4 7#d7 ,preservation of state authority 7,a7 ,state claims ,nothing in this subsection shall be construed as altering1 limiting1 or affecting the authority of a ,state attorney general or any other regulatory or enforcement agency or authority to bring an action or other regulatory proceeding arising solely under the law in effect in that ,state4 7,b7 ,relief 7i7 ,in general ,relief under this subsection may include1 without limitation-- 7,i7 rescission or reformation of contracts2 7,,ii7 refund of moneys or return of real property2 7,,iii7 restitution2 7,,iv7 disgorgement or compensation for unjust enrichment2 7,v7 payment of damages or other monetary relief pursuant to the requirements of paragraph 7#b72 7,,vi7 public notification regarding the violation1 including the costs of notification2 and 7,,vii7 limits on the activities or functions of the person4 7ii7 ,exclusion ,relief under this subsection shall not include the ability to suspend or terminate the eligibility status of an institution of higher education for programs under this title4 4 #dia4 ,advisory ,committee on ,student ,financial ,assistance ,section #dia7k7 7#bj ,u4,s4,c4 #ajih7;i77 is amended by striking #bjae and inserting #bjbj4 #dib4 ,income-based repayment 7a7 ,in general ,section #dic;,c of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajih;e7 is amended to read as follows3 #dic;,c4 ,income-based repayment 7a7 ,definitions ,in this section3 7#a7 ,eligible loan ,the term eligible loan means any outstanding loan of a borrower that is made1 insured1 or guaranteed under part ,b or part ,d1 except that the term does not include-- 7,a7 any such loan that is in default2 7,b7 any ,,plus loan made1 insured1 or guaranteed under section #dbh1 or any ,federal ,direct ,,plus ,loan1 made to a parent borrower2 or 7,c7 any consolidation loan made1 insured1 or guaranteed under section #dbh;,c1 or any ,federal ,direct ,consolidation ,loan1 that repaid a loan described in subparagraph 7,b74 7#b7 ,partial financial hardship ,the term partial financial hardship1 when used with respect to a borrower1 means that-- 7,a7 for such borrower-- 7i7 the annual amount due on the total amount of eligible loans made to a borrower as calculated under the standard repayment plan under section #dbh7;b77#i77;,a77i7 or #dee7;d77#a77;,a71 based on a #aj-year repayment period2 exceeds 7ii7 #aj percent of the result obtained by calculating1 on an annual basis1 the amount by which-- 7,i7 the borrower's1 and the borrower's spouse's 7if applicable71 adjusted gross income2 exceeds 7,,ii7 #aej percent of the poverty line2 or 7,b7 the borrower is considered #aej days or more days delinquent on one or more eligible loans4 7b7 ,income-,based repayment program authorized ,notwithstanding any other provision of this ,act1 the ,secretary shall carry out a program under which-- 7#a7 a borrower of any eligible loan may elect to participate in the income-based repayment plan if the borrower has a partial financial hardship as of the time the borrower makes the election-- 7,a7 whether or not the borrower's loan has been submitted to a guaranty agency for default aversion or had been in default previously2 and 7,b7 whether or not the borrower is1 at the time of the election1 enrolled in another repayment plan1 including the income contingent repayment plan1 income-sensitive repayment plan1 or another repayment plan based on income eligibility 7except that in the case of a borrower who is enrolled in the income contingent repayment plan and has a ,federal ,direct ,consolidation ,loan that repaid a ,federal ,direct ,,plus ,loan1 that ,federal ,direct ,consolidation ,loan shall not be an eligible loan for purposes of this section72 7#b7 after selection of the income-based repayment plan1 and for the remaining period of the borrower's loans unless the borrower elects a different repayment method1 the borrower's aggregate monthly payment for all such loans shall not exceed the result described in subsection 7a77#b77;,a77ii71 as calculated on an annual basis1 divided by #ab2 7#c7 the holder of such a loan shall apply the borrower's monthly payment under this subsection first toward interest due on the loan1 next toward any fees due on the loan1 and then toward the principal of the loan2 7#d7 any interest due and not paid under paragraph 7#c7 shall accrue but not be capitalized1 except that1 in the case of loans under section #dbh1 or ,federal ,direct ,stafford ,loans for which interest was subsidized1 any interest due and not paid under paragraph 7#c7 shall be paid by the ,secretary for a period of not more than #c years after the date of the borrower's election under paragraph 7#a7 7not including any period during which the borrower is in deferment due to an economic hardship described in section #dce7o772 and 7#e7 any principal due and not paid under paragraph 7#c7 shall be deferred2 7#f7 a borrower who elects to participate in an income-based repayment plan under paragraph 7#a7 and whose eligibility for an income-based repayment plan is verified may participate in the income-based repayment plan during the period of the borrower's loans1 even if the borrower no longer has a partial financial hardship2 7#g7 the amount of time the borrower makes monthly payments under paragraph 7#b7 may exceed #aj years2 7#h7 the ,secretary shall repay or cancel any outstanding balance of principal and interest due on all eligible loans to a borrower who-- 7,a7 at any time1 elected to participate in income-based repayment under paragraph 7#a72 and 7,b7 for a period of time prescribed by the ,secretary1 not to exceed #bj years1 meets #a or more of the following requirements-- 7i7 has made reduced monthly payments under paragraph 7#b72 7ii7 has made monthly payments of not less than the monthly amount required under paragraph 7#a7 of subsection 7b71 as such subsection was in effect on the day before the date of enactment of the ,higher ,education ,affordability ,act2 7iii7 has made monthly payments of not less than the monthly amount calculated under section #dbh7;b77#i77;,a77i7 or #dee7;d77#a77;,a71 based on a #aj-year repayment period1 when the borrower first made the election described in this subsection2 7iv7 has made payments of not less than the payments required under a standard repayment plan under section #dbh7;b77#i77;,a77i7 or #dee7;d77#a77;,a7 with a repayment period of #aj years2 7v7 has made payments under an income contingent repayment plan under section #dee7;d77#a77;,d71 as in effect on the day before the date that is #a year after the date of enactment of the ,higher ,education ,affordability ,act2 or 7vi7 has been in deferment due to an economic hardship described in section #dce7o72 7#i7 a borrower who is repaying an eligible loan pursuant to income-based repayment may elect1 at any time1 to terminate repayment pursuant to income-based repayment and repay such loan under another repayment plan2 and 7#aj7 the special allowance payment to a lender calculated under section #dch7;b77#b77;,i71 when calculated for a loan in repayment under this section1 shall be calculated on the principal balance of the loan and on any accrued interest unpaid by the borrower in accordance with this section4 7c7 ,monthly loan payment determinations 7#a7 ,verification process 7,a7 ,in general ,the ,secretary shall establish procedures for annually determining the borrower's monthly payment amount for income-based repayment1 including verification of a borrower's annual income and the annual amount due on the total amount of eligible loans4 7,b7 ,rule for borrowers who do not provide the additional information ,in the case of a borrower who has selected the income-based repayment plan and who does not submit the borrower's annual income documentation by such date as required under subparagraph 7,a7-- 7i7 until the borrower submits the required documentation 7but in no case for a period greater than #a year71 the borrower's monthly payment amount for an eligible loan shall be the greater of-- 7,i7 the monthly payment required under a standard repayment plan under section #dbh7;b77#i77;,a77i7 or #dee7;d77#a77;,a7 with a repayment period of #aj years for the loan2 and 7,,ii7 the amount described in subsection 7a77#b77;,a77ii71 as calculated based on the most recent income documentation provided to the ,secretary by the borrower2 and 7ii7 no monthly payments made before the borrower has submitted the required information shall be included for purposes of loan repayment or cancellation under subsection 7b77#h77;,b7 or the public service loan forgiveness program under section #dee7m74 7,c7 ,additional procedures to consider ,in addition to the procedures established in this section1 the ,secretary shall consider1 but is not limited to1 the procedures established in accordance with section #dee7;e77#a7 or in connection with income-sensitive repayment schedules under section #dbh7;b77#i77;,a77iii7 or #dbh;,c7b77#a77;,e71 as in effect on the day before the date that is #a year after the date of enactment of the ,higher ,education ,affordability ,act4 7#b7 ,special rule for married borrowers filing separately ,in the case of a married borrower who files a separate ,federal income tax return1 the ,secretary shall calculate the amount of the borrower's income-based repayment under this section solely on the basis of the borrower's student loan debt and adjusted gross income4 7d7 ,automatic enrollment for delinquent borrowers 7#a7 ,in general ,the ,secretary shall establish procedures for automatically enrolling delinquent borrowers with a partial financial hardship described in subsection 7a77#b77;,b7 into the income-based repayment plan4 ,such procedures shall include the following requirements3 7,a7 ,each entity with a contract to service loans under section #def1 and each entity that is a lender of loans made1 insured1 or guaranteed under part ,b or any entity that provides student loan servicing for such lender1 shall-- 7i7 identify each delinquent borrower of a loan serviced or held by the entity on the date that such borrower qualifies for a partial financial hardship described in subsection 7a77#b77;,b72 and 7ii7 retrieve for such borrower1 using the online income verification system established under paragraph 7#d71 the borrower's new monthly payment amount under this section4 7,b7 ,in any case where an entity described in subparagraph 7,a7 is unable to obtain information regarding the borrower's new monthly payment amount under this section1 the entity shall notify the ,secretary and the ,secretary shall provide the entity with a determination of the new monthly payment amount for a borrower not later than #g days after the entity's request4 7,c7 ,the entity described in subparagraph 7,a7 shall automatically enroll a borrower identified in such subparagraph into the income-based repayment plan as follows3 7i7 ,in the case of a borrower who filed a return under section #fjab7;a77#a7 of the ,internal ,revenue ,code of #aihf for #a or both of the immediately preceding tax years-- 7,i7 if such borrower makes a payment equal to or greater than the new monthly payment amount determined under subparagraph 7,a77ii7 for the income-based repayment plan1 the entity will automatically enroll the borrower in the income-based repayment program1 unless the borrower requests otherwise2 7,,ii7 if such borrower's new monthly payment amount provided under subparagraph 7,a77ii7 for the income-based repayment plan is determined to be #j1 the entity will automatically enroll the borrower in the income-based repayment program1 if the borrower provides consent for such enrollment1 as determined through either an online agreement or a signed consent form2 and 7,,iii7 if such borrower does not make a payment equal to or greater than the new monthly payment amount determined under subparagraph 7,a77ii7 for the income-based repayment plan1 the entity will not automatically enroll the borrower in the income-based repayment program4 7ii7 ,in the case of a borrower identified under subparagraph 7,a77i7 who was not required to file a tax return under section #fjab7;a77#a7 of the ,internal ,revenue ,code of #aihf for the #b consecutive preceding tax years-- 7,i7 the entity will deem the borrower's monthly payment amount for income-based repayment to be #j until determined otherwise through additional information2 and 7,,ii7 the entity will automatically enroll the borrower in the income-based repayment program if the borrower provides consent for such enrollment1 as determined through either an online agreement or a signed consent form4 7iii7 ,in the case of a borrower identified under paragraph 7#a77;,a7 who failed to file a return under section #fjab7;a77#a7 of the ,internal ,revenue ,code of #aihf1 for the preceding tax year1 the entity will carry out the requirements described in paragraph 7#c77;,c71 including automatically enrolling the borrower in the income-based repayment program if the borrower provides consent and provides additional information1 as described in such paragraph4 7,d7 ,the entity described in subparagraph 7,a7 shall provide each borrower identified with a partial financial hardship under subparagraph 7,a77i71 as part of the borrower's next periodic statement1 a personalized statement to the borrower that-- 7i7 informs the borrower-- 7,i7 that the borrower will be automatically enrolled into the income-based repayment plan under this section1 in accordance with the procedure described in subparagraph 7,c7 that is applicable to the borrower's case2 7,,ii7 of the key terms and conditions of such repayment plan2 and 7,,iii7 what the borrower's new monthly payment amount under the income-based repayment plan will be for the next year2 7ii7 notifies the borrower of the automatic enrollment procedures described in subparagraph 7,c72 7iii7 provides a clear list of dangers associated with continued delinquency and default on eligible loans2 7iv7 informs the borrower that the borrower is eligible for a different monthly payment amount under the standard #aj-year plan1 and the estimated monthly payment amount under the standard #aj-year plan2 7v7 informs the borrower that paying the minimum monthly payment amount under the income-based repayment plan under this section may lead to negative amortization such that if a borrower's monthly payment does not fully cover the amount of interest owed1 then the principal amount owed may increase over time and cause the borrower's loan balance to increase2 and 7vi7 includes any other information determined to be relevant by the ,secretary1 in consultation with the ,director of the ,bureau of ,consumer ,financial ,protection4 7#b7 ,standard notification format2 consumer testing ,the ,secretary1 in consultation with the ,director of the ,bureau of ,consumer ,financial ,protection1 shall-- 7,a7 develop a standard format for the personalized statement described in paragraph 7#a77;,d72 and 7,b7 submit for consumer testing under section #dhc1 such standard format and any consent form or online tool required for consent of borrowers with #j payment to participate in income-based repayment under paragraph 7#a77;,c77ii77,,ii7 or 7#c77;,b74 7#c7 ,failure to file 7,a7 ,monthly payment amount treated as #j ,in the case of a borrower identified under paragraph 7#a77;,a7 who is required to file a return under section #fjab7;a77#a7 of the ,internal ,revenue ,code of #aihf and fails to file such return1 the ,secretary of the ,treasury shall transmit to the ,secretary of ,education any such tax information of the individual as may be necessary to determine the appropriate monthly payment amount4 ,if such information is unavailable or insufficient1 then the monthly payment amount shall be treated as #j until determined otherwise through additional information4 7,b7 ,borrower contact requirement ,a borrower whose monthly payment amount is treated as #j due to unavailable or insufficient information1 as described in subparagraph 7,a71 shall be automatically enrolled in the income-based repayment plan under this section if the borrower-- 7i7 provides consent for such enrollment1 as determined through either an online agreement or a signed consent form2 and 7ii7 provides the information needed to determine the appropriate monthly payment amount under the income-based repayment plan4 7,c7 ,notification ,the entity described in paragraph 7#a77;,a7 shall communicate to a borrower described in this paragraph of the policy described in subparagraph 7,a7 and the requirements that the borrower must fulfill1 as described in subparagraph 7,b71 in order to enroll in the income-based repayment plan under this section if such borrower's monthly payment amount has been treated as #j due to unavailable or insufficient information1 as determined by the ,secretary4 ,such policy and requirements shall be communicated to the borrower in plain and simple language in the next periodic statement described under paragraph 7#a77;,d74 7#d7 ,creation of online income verification system 7,a7 ,in general ,by not later than the date that is #a year after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary1 in consultation with the ,secretary of the ,treasury1 shall develop and establish a streamlined online income verification system website that allows each entity with a contract to service loans under section #def1 and each entity that is an eligible lender of loans made1 insured1 or guaranteed under part ,b or another entity that provides student loan servicing for such lender or loan holder1 to access and retrieve the monthly payment amount for the income-based repayment program for a borrower identified under paragraph 7#a77;,a74 ,the website shall provide no additional information relating to a borrower's financial circumstances beyond that needed to determine a monthly payment amount4 7,b7 ,security ,the ,secretary shall ensure that the online income verification system website established under subparagraph 7,a7 is secure and that information regarding a borrower is accessible only to the lender of a loan of such borrower or the entity that is servicing a loan of such borrower4 ,the ,secretary shall ensure that no entity shall access the online income verification system website for the purposes of collections with respect to loans4 7,c7 ,prohibition of inappropriate use ,any use of the online income verification system that is not for the purpose described in subparagraph 7,a7 is prohibited and may be the basis for a claim of a violation of a contract entered into under section #def1 or for an action under subsection 7g7 or 7h7 of section #dcb1 as the case may be4 7#e7 ,appeals process ,the ,secretary shall establish a clear and accessible process for appealing the monthly payment amount determined under the online income verification system website for a borrower identified in paragraph 7#a77;,a7 in any case where a borrower believes that the monthly payment amount is based on tax information that is incorrect4 ,if a borrower wins such an appeal1 then the ,secretary shall-- 7,a7 retroactively credit the overpaid amount towards future payments2 or 7,b7 apply the overpaid amount towards the principal balance of the borrower's loans1 if requested to do so by the borrower4 7e7 ,changes to ,,fafsa ,by not later than #a year after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall make changes as needed to the common master promissory note developed under section #dcb7m77#a77;,a7 and the ,free ,application for ,federal ,student ,aid described in section #dhc to implement the requirements of this section4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date that is #a year after the date of enactment of this ,act4 #dic4 ,extending the protections for student loans for active duty borrowers ,section #dic;,d 7#bj ,u4,s4,c4 #ajih;f7 is amended-- 7#a7 in the section heading1 by inserting and protections for active duty borrowers before the period at the end2 7#b7 by redesignating subsection 7b7 as subsection 7c72 and 7#c7 by inserting after subsection 7a7 the following3 7b7 ,use of information 7#a7 ,in general ,the ,secretary shall utilize information the ,secretary receives regarding the active duty status of borrowers from the ,secretary of ,defense for any purpose under this title to ensure that the interest rate charged on any loan made under part ,d of title ,,iv for borrowers who are subject to section #bjg7;a77#a7 of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #ebg7;a77#a77 does not exceed the maximum interest rate set forth in such section4 7#b7 ,,scra interest rate limitation notice requirements ,the submittal by the ,secretary of ,defense to the ,secretary of ,education of information that informs the ,secretary of ,education that a member of the ,armed ,forces with a student loan under part ,d of title ,,iv has been or is being called to military service 7as defined in section #aja of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eaa771 including a member of a reserve unit who is ordered to report for military service as provided for under section #ajf of such ,act 7#ej ,u4,s4,c4 ,app4 #eaf71 shall be considered1 for purposes of subjecting such student loan to the provisions of section #bjg of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #ebg71 provision by the borrower to the creditor of written notice and a copy of military orders as described in subsection 7b77#a7 of such section4 7#c7 ,procedures ,not later than #ahj days after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary1 in consultation with the ,department of ,defense1 shall establish a procedure to implement this subsection4 4 #dic;,a4 ,disbursement of credit balance ,part ,g of title ,,iv 7#bj ,u4,s4,c4 #ajhh et seq47 is amended by adding at the end the following3 #dic;,e4 ,disbursement of credit balance 7a7 ,credit balance ,in this section1 the term credit balance means the amount of program funds under this title credited to a student's ledger account at the institution of higher education that exceed the amount assessed the student by the institution for allowable institutional charges1 as defined by the ,secretary4 7b7 ,establishment of system for disbursement ,not later than #c years after the date of enactment of the ,higher ,education ,affordability ,act1 each institution of higher education that enrolls a student who receives a grant or loan under this title shall establish a system for the disbursement of credit balances in accordance with subsection 7c74 7c7 ,electronic payment system 7#a7 ,in general ,each institution of higher education described in subsection 7b7 shall establish a system for disbursement of credit balances through electronic payments to a deposit account or a general use prepaid card with the protections afforded under the ,electronic ,fund ,transfer ,act 7#ae ,u4,s4,c4 #afic et seq474 7#b7 ,no preferred financial institution or denial or delay ,in carrying out the system under paragraph 7#a71 an institution of higher education shall not-- 7,a7 require or encourage a student to select a particular financial institution to which an electronic payment under this section shall be made2 or 7,b7 deny or cause a delay in the disbursement of credit balances based on the selection by a student of a particular financial institution4 7#c7 ,waiver ,a public institution of higher education may seek a waiver from the ,secretary of the requirements of paragraph 7#a7 if a ,state or local governmental entity1 or a ,state or local policy or procedure1 prevents compliance with such requirements4 ,the ,secretary shall grant the waiver only if such institution ensures that credit balances are provided to students in a manner consistent with the goals and purposes of this section1 as determined by the ,secretary4 7d7 ,distribution options 7#a7 ,pilot program ,the ,secretary of ,education1 in consultation with the ,secretary of the ,treasury and the ,director of the ,bureau of ,consumer ,financial ,protection1 shall conduct a pilot program on providing students with the option of receiving credit balances1 through the electronic payment system of the institution of higher education in accordance with subsection 7c71 by using the ,treasury ,direct ,express system established under section #cccf of title #ca1 ,united ,states ,code1 or through any other low-cost alternative as determined by the ,secretary4 7#b7 ,implementation ,if the ,secretary of ,education1 after conducting the pilot program described in paragraph 7#a71 determines that allowing students with credit balances to use any option described in such paragraph is in the best interest of students1 the ,secretary shall take such actions as are necessary to provide any such option to students1 which may include entering into agreements with the ,secretary of the ,treasury or other entity to implement this paragraph4 4 #dic;,b4 ,disclosure of cohort rates based on repayment plan and deferment status ,part ,g of title ,,iv 7#bj ,u4,s4,c4 #ajhh et seq471 as amended by section #dic;,a1 is further amended by adding at the end the following3 #dic;,f4 ,disclosure of cohort rates based on repayment plan and deferment status 7a7 ,preparation and publication of additional cohort rates 7#a7 ,in general ,not less often than once every fiscal year1 the ,secretary shall prepare and publish a report that includes-- 7,a7 all of the cohort rates calculated under subsections 7a7 and 7c7 for each eligible institution participating in any program under this title2 and 7,b7 the underlying numbers and data used to calculate the cohort rates described in paragraph 7#a74 7#b7 ,timing and method of publication ,the ,secretary shall publish the report described in paragraph 7#a7-- 7,a7 on1 or as close as practicable to1 the date on which the cohort default rates under section #dce7m7 are made available to the public2 and 7,b7 in the same report1 or in a nearby location on the same website1 as the report on cohort default rates required under section #dce7m77#d74 7b7 ,calculation of cohort rates for ,stafford and ,unsubsidized ,stafford cohort borrowers 7#a7 ,identification of cohort ,for each fiscal year1 the ,secretary shall use1 as the cohort for purposes of calculating the rates described in paragraph 7#c71 the borrowers of the loans that are included in the institution's cohort for purposes of the cohort default rate calculation under section #dce7m71 except that a borrower of multiple loans in such cohort shall only be counted as a single borrower4 7#b7 ,calculation ,not less often than once every fiscal year1 the ,secretary shall calculate for each eligible institution participating in any program under this title1 the following rates3 7,a7 ,the percentages of borrowers within each cohort in each type of deferment status described-- 7i7 sections #dbg7;a77#b77;,c7 and #dbh7;b77#a77,m72 and 7ii7 sections #dbg7;a77#b77;,c77vii7 and #dbh7;b77#a77,m77vii7 7as in effect prior to the enactment of the ,higher ,education ,amendments of #aiib74 7,b7 ,the percentages of borrowers within each cohort that1 as of the date of the determination1 have been delinquent on the loan included in the cohort for-- 7i7 at least #cj and not more than #ei days2 7ii7 at least #fj and not more than #hi days2 and 7iii7 #ij days or more4 7,c7 ,of the borrowers in the cohort that are in active repayment1 the percentages of borrowers in each of the following repayment plans3 7i7 ,standard repayment4 7ii7 ,extended repayment1 for each of the following maximum repayment periods3 7,i7 ,not more than #aj years4 7,,ii7 ,more than #aj1 but not more than #ab1 years4 7,,iii7 ,more than #ab1 but not more than #ae1 years4 7,,iv7 ,more than #ae1 but not more than #bj1 years4 7,v7 ,more than #bj1 but not more than #be1 years4 7,,vi7 ,more than #be1 but not less than #cj1 years4 7iii7 ,an income contingent repayment plan authorized under section #dee7;e74 7iv7 ,income-based repayment under section #dic;,c4 7v7 ,income-sensitive repayment under section #dbh7;b77#i77;,a77iii7 or #dbh;,c7b77#a77;,e74 7,d7 ,of the borrowers in each group described in clauses 7iii7 through 7iv7 of subparagraph 7,d71 the percentage whose outstanding balance due on the loan at the end of the year is greater than the total outstanding balance due on such loan at the beginning of the year4 7c7 ,calculation of cohort rates for ,graduate ,,plus borrowers 7#a7 ,in general ,not less often than once every fiscal year1 the ,secretary shall calculate a cohort rate for ,graduate ,,plus borrowers for each institution by-- 7,a7 identifying the cohort of #a or more borrowers of a loan received for attendance at the institution that-- 7i7 is made to a graduate student under section #dbh;,b1 ,federal ,direct ,,plus ,loan1 or a loan under section #dbh;,c or a ,federal ,direct ,consolidation ,loan that is used to repay such loan2 and 7ii7 that entered repayment during the second fiscal year preceding the fiscal year for which the determination is being made2 and 7,b7 using the cohort described in subparagraph 7,a7 to calculate the graduate ,,plus cohort rate under paragraph 7#b74 7#b7 ,calculation ,the graduate ,,plus cohort rate under this subsection for an institution shall be calculated by determining the ratio of-- 7,a7 the number of borrowers in the cohort described in paragraph 7#a77;,a7 for the institution that have defaulted on a loan included in the cohort2 to 7,b7 the total number of borrowers in such cohort4 7d7 ,calculation of cohort rates for parent ,,plus borrowers 7#a7 ,in general ,not less often than once every fiscal year1 the ,secretary shall calculate a cohort rate for parent ,,plus borrowers for each institution by-- 7,a7 identifying the cohort of borrowers for the fiscal year1 in accordance with paragraph 7#b72 and 7,b7 using such cohort described in subparagraph 7,a7 to calculate the parent ,,plus cohort rate in accordance with paragraph 7#c74 7#b7 ,cohort 7,a7 ,in general ,the cohort for an institution for purposes of this subsection shall be the borrowers of a loan under section #dbh;,b1 ,federal ,direct ,,plus ,loan1 or a loan under section #dbh;,c or a ,federal ,direct ,consolidation ,loan that-- 7i7 is made on behalf of a dependent student under section #dbh;,b for attendance at the institution2 and 7ii7 7,i7 for determinations made for fiscal years preceding fiscal year #bjbe1 entered repayment during the period beginning in fiscal year #bjae and ending on ,september #cj of the fiscal year preceding the fiscal year for which the determination is being made2 or 7,,ii7 for determinations made for fiscal year #bjbe and each subsequent fiscal year1 entered repayment during the tenth year preceding the fiscal year for which the determination is being made4 7#c7 ,calculation ,the parent ,,plus cohort rate under this subsection for an institution shall be calculated by determining the ratio of-- 7,a7 the number of borrowers in the cohort described in paragraph 7#a77;,a7 for the institution that have defaulted on a loan included in the cohort2 to 7,b7 the total number of borrowers in such cohort4 7e7 ,treatment of borrowers with multiple loans ,a borrower with multiple loans in the same borrower repayment cohort of an institution shall be counted as a single borrower4 7f7 ,procedures ,the ,secretary shall carry out this section in a manner that is as similar as practicable to the manner in which the ,secretary calculates the cohort default rates under section #dce7m71 including by using common definitions1 timelines1 and procedures4 ,such procedures shall include providing an opportunity for each institution to have a reasonable opportunity 7as specified by the ,secretary7 to review and correct errors in the information required for the purposes of calculating the rates under this section for such institution1 prior to the calculation of such rate4 4 #dic;,c4 ,institutional reporting requirements ,part ,g of title ,,iv 7#bj ,u4,s4,c4 #ajhh et seq471 as amended by section #dic;,a and #dic;,b1 is further amended by adding at the end the following3 #dic;,g4 ,institutional reporting requirements 7a7 ,purposes ,the purposes of this section are-- 7#a7 to promote better transparency of information to students and their families about postsecondary costs and outcomes while protecting student privacy in data collection2 7#b7 to reduce the burden of data collection on institutions of higher education1 including duplicative ,,ipeds reporting2 7#c7 to inform institutional and program improvement at institutions of higher education2 and 7#d7 to help improve laws and policies impacting postsecondary education4 7b7 ,,ipeds data components 7#a7 ,submission of data ,each institution of higher education participating in a program under this title shall submit to the ,secretary student unit record data that is necessary and sufficient1 as determined by the ,secretary1 to complete all student components of reporting required for the ,integrated ,postsecondary ,education ,data ,system 7referred to in this section as ,,ipeds74 7#b7 ,required data ,the data required to be reported to the ,secretary under paragraph 7#a7 shall include the minimum number of data elements necessary and sufficient for the fall enrollment1 #ab-month enrollment1 completions1 student financial aid and net price1 graduation rates1 student charges portions of ,,ipeds1 and portions of ,,ipeds relating to admissions1 test scores1 and institutional characteristics surveys1 and other surveys1 as determined by the ,secretary4 ,the ,secretary shall undertake data minimization efforts in collecting this data and shall aggregate the data received and report it publicly at the institutional1 program-specific1 and ,state-specific level4 7#c7 ,review 7,a7 ,in general ,not later than #f months after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall-- 7i7 review the data collected pursuant to ,,ipeds to determine whether it is duplicative of the data required to be collected under this section2 and 7ii7 establish a process by which institutions of higher education will transition to reporting data under this section in a way that reduces duplication and burden4 7,b7 ,update of review ,beginning #e years after the date of enactment of the ,higher ,education ,affordability ,act1 and every #e years thereafter or as necessary as determined by the ,secretary1 the ,secretary shall review and update1 as necessary1 the categories of data that shall be submitted pursuant to paragraph 7#a74 7#d7 ,guidance ,not later than #a year after the date of enactment of the ,higher ,education ,affordability ,act1 the ,secretary shall submit to institutions of higher education-- 7,a7 guidance related to the submission of data under this section2 and 7,b7 a reasonable timeframe by which institutions of higher education shall submit the data4 7#e7 ,continuation of collection ,,ipeds data that is required to be collected on the day before the date of enactment of the ,higher ,education ,affordability but is not reported into the student unit record system established under this section shall continue to be collected4 7c7 ,establishment of new outcome metrics 7#a7 ,in general ,data submitted to the ,secretary under subsection 7b7 shall be used to calculate student components of ,,ipeds4 7#b7 ,additional measures to be calculated by the secretary ,in addition to the ,,ipeds student component measures required to be calculated by the ,secretary on the day before the date of enactment of the ,higher ,education ,affordability ,act and the data elements described in subsection 7b77#b71 the ,secretary shall also collect the student unit record data necessary and sufficient to calculate1 beginning not later than #b years after the date of enactment of the ,higher ,education ,affordability ,act and at the certificate or degree-level1 and institutional1 program-specific1 and ,state-specific level1 information concerning each of the following3 7,a7 ,the dollar amount and number of students receiving ,federal1 ,state1 institutional and private financial aid1 including grants1 loans1 and cumulative debt that is reported separately for undergraduate and graduate students and disaggregated by completion status4 7,b7 ,graduation1 persistence1 transfer rates1 and still enrolled rates for all undergraduate students1 reported overall and separately for first-time full-time students at entry1 first-time part-time students at entry1 transfer full-time students at entry and part-time transfer students at entry within #ajj percent1 #aej percent1 and #bjj percent of the normal time to graduation1 including transfer rates by level of receiving institution4 7,c7 ,completion rates for master's1 professional1 and doctoral level students4 7,d7 ,earnings data for undergraduate and graduate students1 disaggregated by completion status1 for each of the following time periods3 7i7 #b years after program exit4 7ii7 #e years after program exit4 7iii7 #aj years after program exit4 7,e7 ,loan repayment rates for undergraduate and graduate students1 disaggregated by completion status4 7,f7 ,enrollment in subsequent postsecondary education for undergraduate and graduate level students4 7,g7 ,any other measures determined by the ,secretary1 after consultation with the ,national ,center for ,education ,statistics and with input from the postsecondary education community1 including students1 representatives from institutions of higher education1 researchers1 the public1 and other relevant stakeholders4 7#c7 ,requirements for the student unit record data system ,the ,secretary shall establish a student unit record data system under this section that shall-- 7,a7 establish consistent definitions and directions for institutions to follow in submitting the student unit record data required under this section2 7,b7 determine both collection and submission requirements for this section1 including the ,,cip codes to be used for reporting program-specific data2 7,c7 be subject to a privacy impact assessment1 as described in section #bjh of the ,e-,government ,act of #bjjb1 before collecting information2 7,d7 streamline and minimize the data required to be submitted under subsection 7b77#b7 and paragraph 7#b71 in order to reduce duplication of reporting of information by institutions of higher education and to protect student privacy1 which shall be done by working with the ,national ,center for ,education ,statistics1 the ,office of ,federal ,student ,aid1 other offices within the ,department1 and other ,federal agencies1 as determined appropriate by the ,secretary2 7,e7 prepopulate the student unit record data system with data from existing data sources1 including the ,national ,student ,loan ,data ,system under section #dhe;,b1 and ensure that such data is imported into the student unit record data system but data from the student unit record system is not exported back to the ,national ,student ,loan ,data ,system or other existing data sources2 7,f7 include a process1 developed in collaboration with the ,social ,security ,administration1 by which-- 7i7 the ,department submits unit record lists to the ,social ,security ,administration with instructions on how to group and aggregate the data2 and 7ii7 the ,social ,security ,administration1 consistent with ,social ,security ,administration privacy standards and in a way that does not reveal personally identifiable information-- 7,i7 returns1 to the ,department1 earnings data for students attending each institution that is provided in the aggregate and disaggregated based on the programs of education attended and by type of certificate or degree earned by the graduates2 and 7,,ii7 aggregates the earning data for students attending institutions in order to provide institution-specific and ,state-specific earnings data needed by the ,department for purposes of paragraph 7#b72 and 7,g7 allow institutions of higher education to request the system of higher education of which they are a member or the ,state in which they are located to report student unit record data on their behalf if such reporting fully complies with all the requirements of this section2 7,h7 report the outcome metrics required under this subsection1 disaggregated1 if the number of students in such subgroup or with such status is sufficient to avoid revealing personally identifiable information about an individual student1 by-- 7i7 race and ethnicity2 7ii7 gender2 7iii7 whether and at what level the student has enrolled in a degree-granting program1 certificate-granting program1 or developmental education2 7iv7 first-time or transfer status2 7v7 part-time or full-time status2 7vi7 disability status1 if applicable2 7vii7 receipt of a ,federal ,pell ,grant2 7viii7 receipt of a loan made1 insured1 or guaranteed under section #dbh or a ,federal ,direct ,stafford ,loan2 7ix7 status as a student who has received no ,federal ,pell ,grants1 no loans made1 insured1 or guaranteed under section #dbh1 and no ,federal ,direct ,stafford ,loans2 7x7 age ranges1 to be determined by the ,secretary2 7xi7 military or veteran status2 and 7xii7 other categories determined necessary by the ,secretary2 and 7,i7 require that data required under this section be collected for all students1 including undergraduate and graduate students but reported separately for undergraduate and graduate students4 7d7 ,reporting of data 7#a7 ,in general ,the ,secretary shall use the data provided by institutions of higher education under subsections 7b7 and 7c7 only for the following3 7,a7 ,publication of such statistical reports and studies as the ,secretary determines appropriate1 provided that such reports do not disclose personally identifiable information to any party4 ,the ,secretary shall specifically provide public statistical reports on access1 costs1 financial aid1 educational needs1 and student outcomes that include graduation rates4 7,b7 ,management1 policy planning1 and oversight purposes within the ,department1 including research to improve ,federal laws impacting postsecondary education4 7,c7 ,consumer information4 7,d7 ,providing information to institutions of higher education for institutional and program improvement4 7,e7 ,to fulfill the ,,ipeds reporting obligations of institutions of higher education and reduce the reporting burden on institutions4 7#b7 ,public access to information ,the ,,ipeds data components and new outcome metrics collected under this section shall be included in the ,,ipeds ,data ,center at the institution and program specific level4 ,non-personally identifiable data shall also be available to the public and widely disseminated through electronic transfer1 or other means1 such as posting on the ,national ,center for ,education ,statistics' website or other relevant place in a way that does not allow for the disclosure or dissemination of any personally identifiable information and shall fully comply with rules and regulations of the ,national ,center for ,education ,statistics for data access4 7e7 ,involvement of stakeholders in developing calculation and reporting standards ,in carrying out this section1 the ,secretary shall consult extensively with institutions of higher education1 ,state agencies of higher education1 privacy advocates1 education researchers1 statistical experts1 students and their families4 7f7 ,privacy1 security1 and use of student unit record information 7#a7 ,limitations on disclosure of information ,personally identifiable information maintained in the ,federal student unit record data system established under this section shall only be disclosed to-- 7,a7 students whose data is contained in the system1 upon request1 and in connection with their own personally identifiable information2 7,b7 institutions of higher education or their contractors 7subject to paragraph 7#b771 to the extent that such disclosures may be required for purposes of data validation or correction regarding the data that institutions or their contractors already submitted1 provided that no student-level data elements from other sources are disclosed to such institutions of higher education or their contractors2 7,c7 employees or contractors of the ,department to the extent that such disclosure is necessary for the ,secretary to carry out the requirements of this section1 and1 in the case of contractors1 subject to paragraph 7#b72 or 7,d7 employees or contractors of the ,social ,security ,administration1 provided that such disclosures are limited to the minimum number of data elements needed to obtain earnings data specifically authorized in this section1 and that no personally identifiable information from the student unit record data system is retained by the ,social ,security ,administration after they have provided earnings data4 7#b7 ,requirements for contracts ,in carrying out the requirements of this section1 the ,secretary and institutions of higher education may not disclose personally identifiable information from records of students to a contractor1 consultant1 or other third party to whom the ,secretary or institution has delegated data collection and maintenance functions unless that contractor1 consultant1 or other third party-- 7,a7 is performing a function or task for which the ,department1 or institution of higher education would otherwise use employees2 7,b7 is under the direct control of the ,department or institution with respect to the use and maintenance of education records2 7,c7 does not use the education records for any other purposes than those explicitly authorized in its contract and agrees to not re-disclose personally identifiable information to any third party2 7,d7 uses applicable ,federally mandated or industry-standard encryption technologies2 7,e7 has sufficient administrative and technical procedures to maintain safeguards and continuously monitor the security of personally identifiable information in its custody2 7,f7 provides training to all employees and responsible individuals1 to ensure the security of education records2 7,g7 provides to the ,department or institution1 an acceptable breach remediation plan prior to the initial receipt of education records2 7,h7 reports all actual and suspected security breaches to the ,department or institution that provided the education records as soon as detected2 7,i7 in the event of a security breach or unauthorized disclosure of personally identifiable information1 pay all costs and liabilities incurred by the ,department or institution related to the security breach or unauthorized disclosure1 including costs related to inquiries1 mitigation1 notification1 and investigation costs2 and 7,j7 destroys or returns to the ,department or institution all such personally identifiable information that has been submitted into the student unit record system upon request of the ,department or institution at the termination of the contract4 7#c7 ,data audit and data governance systems ,in order to ensure compliance with all ,federal standards of data quality and individual privacy1 the student unit record data system developed under this section shall include-- 7,a7 a data audit system assessing data quality2 7,b7 a breach audit system2 7,c7 processes for data safeguarding2 and 7,d7 a data governance system4 7#d7 ,prohibition and unauthorized use 7,a7 ,in general ,individual data collected under this section shall not be used for any purpose not specifically authorized by this section4 7,b7 ,no future action taken against an individual 7i7 ,in general ,no action of ,federal authority1 ,state authority1 or local authority of any kind may be taken against an individual by utilizing the student unit record data system established under this section nor shall the student unit record data system established under this section be used-- 7,i7 for purposes of-- 7aa7 establishing or verifying the eligibility of applicants for1 or recipients or beneficiaries of1 cash or in-kind assistance or payments under ,federal benefit programs2 or 7bb7 continuing compliance with statutory and regulatory requirements for such assistance or payments by such applicants1 recipients1 or beneficiaries2 7,,ii7 for recouping payments or delinquent debts under such ,federal benefit programs2 or 7,,iii7 to affect future educational1 employment1 health1 civil1 criminal1 or other actions against an individual whose information is maintained by the student unit record data system4 7ii7 ,exception ,any data collected1 stored outside of the unit record system prior to enactment of the ,higher ,education ,affordability ,act1 and used for enforcement actions1 including data in the ,national ,student ,loan ,data ,system1 shall continue to be used for those purposes even when duplicates of the data are included in the unit record system4 7,c7 ,guidelines ,the ,secretary shall issue guidelines to institutions regarding the need to amend the institutions' required annual privacy notices to reference the data collection required under this section4 7,d7 ,commercial use prohibited ,no data collected or maintained under this section shall sold to third parties nor used to market any products to individuals whose data is collected under this section4 7#e7 ,individual privacy and access to data ,prior to implementation of this section1 the ,secretary shall publish for public comment proposed procedures that ensure-- 7,a7 the system developed under this section does not disclose any personally identifiable information and complies with the requirements of section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7 7commonly known as the ,family ,educational ,rights and ,privacy ,act7 and other applicable ,federal and ,state privacy laws2 and 7,b7 there is a policy on the use of data collected under this section that prevents any use of data outside of the purposes of this section4 7g7 ,penalties for unauthorized disclosure of data ,any individual who willfully discloses any personally identifiable information1 including personal identifiers1 provided under this section1 in any manner to an entity not authorized to receive such personally identifiable information1 shall be charged with a class ,e felony1 punishable by up to #e years in prison1 a fine of #bej1jjj1 or both4 7h7 ,website and hotline ,the ,secretary shall establish a website and free hotline number that will provide information to students1 their families1 and the public about the student unit record data system established under this section to answer any questions the public may have about such system4 7i7 ,cooperation of other ,federal agencies ,the ,commissioner of ,social ,security shall work with the ,secretary of ,education to establish a process for matching and obtaining the data required under subsection 7c77#c77;,e74 7j7 ,data sovereignty ,the ,secretary shall ensure all data maintained in the student unit record system are stored within the boundaries of the ,united ,states or in a facility owned and controlled by a contractor subject to the legal jurisdiction of the ,united ,states4 4 ,h ,program integrity #dif4 ,public disclosure of finalized accreditation documents2 prohibition on pre-dispute arbitration mandates 7a7 ,requirements for accrediting agencies or associations ,section #dif 7#bj ,u4,s4,c4 #ajii;b7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#g71 by striking and after the semicolon2 7,b7 in paragraph 7#h71 by striking the period and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#i7 such agency or association does not require any institution to enter into predispute arbitration agreements with the students of the institution2 and 7#aj7 such agency or association shall comply with the requirements of section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd7 7#bj ,u4,s4,c4 #abcb;g74 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#c77;,a71 by striking section #dhg7;f7 and inserting section #dhg7;e72 7,b7 in paragraph 7#h71 by striking and after the semicolon2 7,c7 in paragraph 7#i77;,b71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7#aj7 makes available on the website of the agency or association1 for each institution subject to its jurisdiction1 the accreditation documents relating to academic and institutional quality1 as described in subsection 7o71 for the most recent accreditation period4 2 7#c7 by redesignating subsections 7o7 through 7q7 as subsections 7p7 through 7r71 respectively2 and 7#d7 by inserting after subsection 7n7 the following3 7o7 ,finalized accreditation documents relating to academic and institutional quality 7#a7 ,in general ,the finalized accreditation documents relating to academic and institutional quality that are subject to the requirements of subsection 7c77#aj7 and section #dhg7;a77#ba7 shall be any final report or analysis of the agency or association1 as determined by the ,secretary in consultation with the ,national ,advisory ,committee on ,institutional ,quality and ,integrity1 regarding whether an institution or program is in compliance with the standards of the agency or association1 including-- 7,a7 any finalized self-study report prepared by the institution or program that includes the assessment of educational quality and the institution's or program's continuing efforts to improve educational quality2 7,b7 any finalized report by the accrediting agency or association on each on-site review conducted of the institution or program 7including any written response by the institution or program to such report72 7,c7 any finalized written report by the accrediting agency or association assessing the institution or program's compliance with the accrediting standards and the institution or program's performance with respect to student achievement2 7,d7 the documents required under section #dif7;c77#g7 relating to any adverse accrediting agency or association action regarding the institution or program1 including any decision of final denial1 withdrawal1 suspension1 or termination of accreditation1 placement on probation1 or other adverse action1 and all supporting documentation for such action2 and 7,e7 a summary by the accrediting agency or association that clearly explains to the public the overall assessment1 including key concerns1 of the relevant institution or program4 7#b7 ,appeals ,process for ,finalized ,accreditation ,documents ,the ,secretary shall establish a clear and accessible process for an institution of higher education to appeal the public release of finalized accreditation documents under paragraph 7#a74 7p7 ,single webpage to finalized accreditation documents 7#a7 ,in general ,the ,secretary shall establish and maintain a webpage on the website of the ,department that provides a single point of access to the finalized accreditation documents relating to the academic and institutional quality that institutions of higher education are required to make available under section #dhg7;a77#ba74 7#b7 ,public explanation regarding redacted or unavailable information ,if the ,secretary makes a decision to delay the release of the finalized accreditation documents1 or to redact information from any such documents1 for an institution of higher education1 the ,secretary shall include a public explanation of such decision on the webpage described in paragraph 7#a74 4 #dig4 ,improved targeting of program reviews ,section #dih7k77#a7 7#bj ,u4,s4,c4 #ajii;c7k77#a77 is amended by striking section #dhg7;f7 and inserting section #dhg7;e74 #dih4 ,program review and data ,section #dih;,a 7#bj ,u4,s4,c4 #ajii;c-#a7 is amended to read as follows3 #dih;,a4 ,program review and data 7a7 ,definitions ,in this section3 7#a7 ,executive compensation ,the term executive compensation1 when used with respect to an institution of higher education1 means the wages1 salary1 fees1 commissions1 fringe benefits1 deferred compensation1 retirement contributions1 options1 bonuses1 property1 and any other form of remuneration that the ,secretary determines is appropriate1 given to the #e percent of employees at the institution who are the highest compensated4 7#b7 ,relevant ,federal agency ,the term relevant ,federal agency means-- 7,a7 the ,department of ,education2 7,b7 the ,department of ,veterans ,affairs2 7,c7 the ,department of ,defense2 7,d7 the ,bureau of ,consumer ,financial ,protection2 7,e7 the ,federal ,trade ,commission2 or 7,f7 any other ,federal agency that provides ,federal student assistance or that the ,secretary determines appropriate4 7#c7 ,relevant ,state entity or agency ,the term relevant ,state entity or agency means-- 7,a7 an appropriate ,state licensing or authorizing agency2 7,b7 the attorney general 7or the equivalent thereof7 of the ,state2 or 7,c7 any other ,state entity or agency that the ,secretary determines appropriate4 7b7 ,program reviews for institutions participating under title ,,iv 7#a7 ,in general ,the ,secretary-- 7,a7 is authorized to conduct program reviews1 including on-site visits1 of each institution of higher education participating in a program authorized under this title2 and 7,b7 shall conduct a program review under this subsection of each institution of higher education that poses a significant risk of failure to comply with this title1 as described in paragraphs 7#b7 and 7#c74 7#b7 ,mandatory reviews 7,a7 ,in general ,the ,secretary shall1 on an annual basis1 conduct program reviews of each institution of higher education participating in a program authorized under this title that meets #a or more of the following criteria3 7i7 ,as of the date of the determination-- 7,i7 more than #ae percent of the students enrolled at the institution have received a ,federal ,direct ,unsubsidized ,stafford ,loan during the previous year2 and 7,,ii7 the institution has a cohort default rate1 as defined in section #dce7m71 that is more than #bj percent4 7ii7 ,as of the date of the determination-- 7,i7 the institution has a cohort default rate1 as defined in section #dce7m71 that exceeds the national average1 as determined by the ,secretary in accordance with such section2 and 7,,ii7 the institution has an aggregate amount of defaulted loans1 as determined by the ,secretary1 that places the institution in the highest #a percent of institutions participating in programs authorized under this title in terms of the aggregate amount of defaulted loans4 7iii7 ,in the case of proprietary institutions of higher education1 the institution received more than #hj percent of the institution's revenues from ,federal funds as defined in section #ajb7;b77#b77;,b71 during the #b most recent years for which data is available4 7iv7 ,the institution is among the top #a percent of institutions participating in programs authorized under this title in terms of numbers or rates of complaints related to ,federal student financial aid1 educational practices and services1 or recruiting and marketing practices1 as reported in the complaint tracking system established under section #afa4 7v7 ,as of the date of the determination1 the institution is among the top #a percent of institutions in terms of low graduation rates1 as determined by the ,secretary1 of all institutions participating in programs authorized under this title4 7vi7 ,the institution spends more than #bj percent of the institution's revenues on recruiting and marketing activities and executive compensation4 7vii7 ,in the fiscal year immediately following the most recent cohort default rate period-- 7,i7 the institution's loan defaults increased by #ej percent or more as compared to the preceding period2 and 7,,ii7 more than #ej percent of the students attending the institution received loans under this title4 7viii7 ,the institution has been put on probation by1 or is subject to a show cause order from1 a nationally recognized accrediting agency or association that is recognized by the ,secretary pursuant to part ,h of title ,,iv2 7ix7 ,the institution1 or an executive of the institution1 has publicly acknowledged or disclosed that the institution-- 7,i7 is in violation or noncompliance with any provision of law administered by a relevant ,federal agency or relevant ,state entity or agency2 or 7,,ii7 is being investigated regarding a potential violation of such provision of law4 7x7 ,the institution-- 7,i7 is a proprietary institution of higher education that has acquired a nonprofit institution of higher education at any point during the #a-year period preceding the date of the determination2 or 7,,ii7 was a proprietary institution of higher education and has become a nonprofit institution of higher education at any time during the #a-year period preceding the date of the determination4 7,b7 ,publication of institutions reviewed ,the ,secretary shall-- 7i7 post1 on a publicly available website1 the name of each institution of higher education that is reviewed under subparagraph 7,a72 7ii7 indicate1 on such website1 with respect to each such institution1 which of the mandatory review criteria1 as described in subparagraph 7,a71 such institution met2 and 7iii7 indicate on the ,college ,navigator website of the ,department1 or any successor website1 the name of each institution of higher education that is reviewed under subparagraph 7,a74 7,c7 ,institutional disclosure of review ,each institution of higher education that is reviewed under subparagraph 7,a7 shall-- 7i7 post on the home page of the institution's website that the institution will be subject to a mandatory program review and why the institution is being reviewed and shall maintain such posting and explanation for #a year or until the ,secretary has issued its final program review report under subsection 7c77#e77;,c71 whichever occurs sooner2 7ii7 provide a clear1 conspicuous disclosure of the information described in clause 7i7 to students who inquire about admission to the institution or submit an application for admission to the institution prior to the student signing an enrollment agreement with the institution1 for #a year or until the ,secretary has issued the final program review report under subsection 7c77#f77;,c71 whichever occurs sooner2 and 7iii7 include the information described in clause 7i7 on materials of acceptance or admission submitted to each student before the student enrolls in the institution1 for #a year or until the ,secretary has issued the final program review report under subsection 7c77#f77;,c71 whichever occurs sooner4 7#c7 ,risk-based reviews 7,a7 ,in general ,the ,secretary shall use a risk-based approach to select1 on an annual basis not less than #b percent of institutions of higher education participating in a program authorized under this title that are not reviewed under paragraph 7#b71 for a program review4 ,this approach shall prioritize program reviews of institutions that-- 7i7 have received large increases in funding under this title during the #e-year period preceding the date of the determination2 7ii7 have a large proportion of overall revenue from ,federal funds1 as defined in section #ajb7;b77#b77;,b72 7iii7 have a significant fluctuation in ,federal ,direct ,stafford ,loan volume1 ,federal ,pell ,grant award volume1 or any combination thereof1 in the year for which the determination is made1 compared to the year prior to such year1 that is not accounted for by changes in the ,federal ,direct ,stafford ,loan program1 the ,federal ,pell ,grant program1 or any combination thereof2 7iv7 have experienced sharp increases in enrollment in absolute numbers or rate of growth2 7v7 have high rates of defaults1 relative to all other institutions of higher education participating in a program authorized under this title1 for loans issued under this title over the lifetime of the loans2 7vi7 have a large aggregate dollar amount of loans under this title in default1 or a high cohort default rate as described in section #dce7m72 7vii7 have a high student default risk1 as compared to the student default risk for all institutions participating in a program under this title2 7viii7 have a high proportion or high rate of complaints related to ,federal student financial aid1 educational practices and services1 or recruiting and marketing practices1 as reported in the complaint tracking system established under section #afa2 7ix7 have extremely low graduation rates1 as determined by the ,secretary2 7x7 are in poor financial health according to financial responsibility standards described in section #dih7;c72 7xi7 are spending a large percentage of the institution's revenues on recruiting and marketing activities and executive compensation2 7xii7 in the case of proprietary institutions of higher education1 have large profit margins and profit growth2 7xiii7 have been put on notice or warning by its accrediting agency2 7xiv7 has been found to have compliance problems under this title1 or is at significant risk of failing to comply with applicable ,federal or ,state laws1 by a relevant ,federal agency or a relevant ,state entity or agency1 including the ,comptroller ,general of the ,united ,states2 7xv7 has had a large amount of funds returned under section #dhd;,b2 or 7xvi7 in the case of proprietary institutions of higher education1 have experienced a change in ownership or control of the institution1 including a buyout4 7,b7 ,criteria for risk-based reviews ,the ,secretary shall publish1 and update as necessary1 the specific criteria that the ,secretary will use to determine which institutions of higher education are selected for risk-based reviews under subparagraph 7,a74 7#d7 ,public disclosure of violations ,the ,secretary shall-- 7,a7 post on the ,college ,navigator website1 or any successor website1 of the ,department1 the name of each institution of higher education that is found to have violated a provision of this title knowingly and willfully or with gross negligence2 7,b7 indicate on such website1 with respect to each such institution1 which of the provisions of this title the institution violated2 and 7,c7 maintain such posting until the date the institution of higher education rectifies the violation or the date that is #a year after the date the ,secretary issues the final program review report under subsection 7c77#f77;,c7 with respect to such institution1 whichever date is later4 7#e7 ,institutional disclosure of violations ,each institution of higher education that is found to have violated a provision of this title knowingly and willfully or with gross negligence shall-- 7,a7 not later than #ae days after the date of issuance of the final program review report containing the finding1 post on the home page of the institution's website that the institution has been found to have violated a provision of this title knowingly and willfully or with gross negligence1 including the provision the institution was found to have violated2 7,b7 maintain such posting until the date the institution rectifies the violation or the date that is #a year after the date the ,secretary issues the final program review report under subsection 7c77#f77;,c7 with respect to such institution1 whichever date is later2 and 7,c7 include the information described in subparagraph 7,a7 on materials of acceptance or admission submitted to each student before the student enrolls in the institution until the date the institution rectifies the violation or the date that is #a year after the date the ,secretary issues the final program review report under subsection 7c77#f77;,c7 with respect to such institution1 whichever date is later4 7c7 ,characteristics of program reviews 7#a7 ,notice ,the ,secretary may give not more than #gb hours notice to an institution of higher education that will undergo a program review pursuant to subsection 7b7 of such review4 7#b7 ,sharing of information ,the ,secretary shall share all final program review determinations conducted under this section with relevant ,federal agencies and relevant ,state entities or agencies1 and appropriate accrediting agencies and associations1 to enable such agencies1 entities1 and associations to determine the eligibility of institutions for funds or accreditation4 7#c7 ,interaction with other ,federal agencies and laws ,to the extent practicable1 the ,secretary shall coordinate program reviews conducted under this section with other reviews and audits conducted by the ,department1 and with relevant ,federal agencies and relevant ,state entities or agencies4 7#d7 ,violations discovered through program review 7,a7 ,violations of this title ,if1 in the course of conducting a program review1 the ,secretary obtains evidence that any institution of higher education or person has engaged in conduct that may constitute a violation of this title1 including a failure to fully comply with the program review process and reporting requirements under this section1 the ,secretary may sanction such institution or person1 pursuant to section #dhi;,a4 7,b7 ,violations of other ,federal laws ,if1 in the course of conducting a program review1 the ,secretary obtains evidence that any institution of higher education or person has engaged in conduct that may constitute a violation of ,federal law1 the ,secretary shall transmit such evidence to the ,attorney ,general of the ,united ,states1 the ,director of the ,bureau of ,consumer ,financial ,protection1 the ,commissioner of the ,federal ,trade ,commission1 or the head of any other appropriate ,federal agency who may institute proceedings under appropriate law4 7,c7 ,rule of construction ,nothing in this paragraph shall be constructed to affect any other authority of the ,secretary to disclose information4 7#e7 ,conduct of reviews ,when conducting program reviews under this section1 the ,secretary shall assess the institution of higher education's compliance with the provisions of this title4 ,each program review shall include1 at a minimum1 the following3 7,a7 ,with regard to the institutional information1 the ,secretary shall assess financial capability1 administrative capability1 and program integrity1 including whether the institution-- 7i7 knowingly and willfully misused ,federal student aid from any source2 7ii7 violated section #dhg7;a77#bj72 7iii7 engaged in any substantial misrepresentation or other serious violation1 as defined in section #dhi;,a2 or 7iv7 violated the program integrity regulations promulgated by the ,secretary under this ,act4 7,b7 ,with regard to student information1 the ,secretary shall examine-- 7i7 graduation rates compared with all other institutions participating in a program authorized under this title2 7ii7 student complaints1 including interviews with current and former students1 faculty and staff1 and accrediting agencies2 and 7iii7 information from the complaint data system established under section #afa4 7#f7 ,administrative process 7,a7 ,training ,the ,secretary shall provide training1 including investigative training1 to personnel of the ,department designed to improve the quality of financial and compliance audits and program reviews conducted under this section1 including instruction about appropriately and effectively conducting such audits and reviews for institutions of higher education from different sectors of higher education4 7,b7 ,carrying out program reviews ,in carrying out program reviews under this section1 the ,secretary shall-- 7i7 establish guidelines designed to ensure uniformity of practice in the conduct of such reviews2 7ii7 make available to each institution of higher education participating in a program authorized under this title complete copies of all review guidelines and procedures used in program reviews1 except that internal training materials for ,department staff related to identifying instances of fraud1 misrepresentation1 or intentional noncompliance shall not be disclosed2 7iii7 permit an institution of higher education to correct or cure an administrative1 accounting1 or recordkeeping error within #ij days of the issuance of the final program review report1 if the error is not part of a pattern of error and there is no evidence of fraud or misconduct related to the error2 7iv7 without sharing personally identifiable information and in accordance with section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g1 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd71 inform the relevant ,federal agencies and relevant ,state entities or agencies1 and accrediting agency or association1 whenever the ,secretary finds a violation of this title or sanctions an institution of higher education under section #dcb1 #dhi;,a1 or #dih2 and 7v7 provide to an institution of higher education #ij calendar days to review and respond to any program review report and relevant materials related to the report before any final program review report is issued4 7,c7 ,final program review determination 7i7 ,in general ,not later than #ahj calendar days after issuing a program review report under this section1 the ,secretary shall review and consider an institution of higher education's response1 and issue a final program review determination or audit determination4 ,the final determination shall include-- 7,i7 a written statement addressing the institution of higher education's response2 7,,ii7 a written statement of the basis for such determination2 and 7,,iii7 a copy of the institution's response4 7ii7 ,confidentiality ,the ,secretary shall maintain and preserve at all times the confidentiality of any program review report until a final program review determination is issued1 other than to inform the relevant ,federal agencies and relevant ,state entities or agencies1 and accrediting agency or association1 as required under this section4 7,d7 ,reports disclosed to the institution ,the ,secretary shall promptly disclose each program review report and each final program review determination to the institution of higher education under review4 7,e7 ,removal of personally identifiable information ,any personally identifiable information from the education records of students shall be removed from any program review report or final program review determination before the report is shared with any relevant ,federal agency1 ,state entity or agency1 or accrediting agency or association4 7#g7 ,follow-up reviews after violations ,the ,secretary shall conduct follow-up reviews of each institution of higher education that has been found in violation of a provision of this title not later than #a year after the date of such finding4 ,such follow-up reviews may only assess whether the institution of higher education has corrected violations found in a previous program review or final program review determination4 4 ,i ,state-,federal college affordability partnership #dii4 ,state-,federal college affordability partnership ,title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 is amended by adding at the end the following3 ,j ,state-,federal college affordability partnership #dii-a4 ,purpose ,the purpose of this part is to establish a ,state-,federal partnership that incentivizes ,state investment in public higher education4 #dii-b4 ,definitions ,in this part3 7#a7 ,eligible ,state ,the term eligible ,state means a ,state that provides net ,state operating support per ,,fte student in an amount equal to not less than #ej percent of the amount that reflects the maximum ,federal ,pell ,grant award amount4 7#b7 ,full-time equivalent student number ,the term full-time equivalent student number means a number that reflects the sum of the number of students enrolled full time at a public institution of higher education in the ,state1 plus the full-time equivalent of the number of students enrolled part time 7determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by #ab7 at such institutions4 ,the ,secretary may establish a methodology for calculating the full-time equivalent student number and may offer guidance to ,states in determining the ,state's full-time equivalent student number for purposes of this part4 7#c7 ,net ,state operating support ,the term net ,state operating support means an amount that is equal to the amount of ,state funds and local government appropriations used to support public higher education annual operating expenses in the ,state1 calculated in accordance with subparagraphs 7,a7 and 7,b74 7,a7 ,calculation ,a ,state's net ,state operating support shall be an amount that is equal to the difference resulting from the gross amount of ,state funds annually appropriated for public higher education operating expenses in the ,state2 minus-- 7i7 such appropriations that are returned to the ,state2 7ii7 ,state-appropriated funds derived from ,federal sources1 including funds provided under this part2 7iii7 local government funds not appropriated for operating support for public higher education2 7iv7 amounts that are portions of multi-year appropriations to be distributed over multiple years2 7v7 tuition charges remitted to the ,state to offset ,state appropriations2 7vi7 ,state funding for students in non-credit continuing or adult education courses and non-credit extension courses2 7vii7 sums appropriated to private nonprofit institutions of higher education1 or to proprietary institutions of higher education1 for capital outlay or operating expenses2 and 7viii7 any other funds excluded under subparagraph 7,b74 7,b7 ,exclusions ,net ,state operating support does not include funds for-- 7i7 student aid programs that provide grants to students attending in-,state private nonprofit institutions of higher education1 in-,state proprietary institutions of higher education1 independent institutions1 in-,state public institutions1 and out-of-,state institutions2 7ii7 capital outlay2 7iii7 deferred maintenance2 7iv7 research and development2 or 7v7 any other funds that the ,secretary may exclude4 7#d7 ,net ,state ,operating ,support per ,,fte student ,the term ,net ,state ,operating ,support per ,,fte student means1 for a fiscal year-- 7,a7 the net ,state operating support for the previous fiscal year2 divided by 7,b7 the full-time equivalent student number for the previous fiscal year4 7#e7 ,public institution ,the term public institution means an institution of higher education 7as defined in section #aja7 whose liabilities are backed by the full faith and credit of the ,state or its equivalent1 as determined in accordance with section #ffh4ae of title #cd1 ,code of ,federal ,regulations1 or any successor regulation4 7#f7 ,private nonprofit institution of higher education ,the term private nonprofit institution of higher education means an institution of higher education1 as defined in section #ajb1 that is a private nonprofit institution4 7#g7 ,proprietary institution of higher education ,the term proprietary institution of higher education has the meaning given the term in section #ajb7;b74 #dii-c4 ,authorization2 use of funds 7a7 ,authorization ,the ,secretary shall award annual block grants to eligible ,states to encourage ,states to provide additional funding for public higher education4 7b7 ,use of funds by ,states ,an eligible ,state receiving a block grant under this part shall allocate #ajj percent of block grant funding to public institutions for public higher education expenditures in accordance with subsection 7c74 7c7 ,use of funds by public institutions ,a public institution that receives funds under this title shall-- 7#a7 use a portion of such funds to directly reduce tuition costs or mitigate the need to raise tuition and fees for students residing in the ,state2 7#b7 use a portion of such funds to support the enrollment of low-income students 7as measured by eligibility for ,federal ,pell ,grants7 in the institution2 and 7#c7 create a publicly available report that documents an institution's efforts to satisfy the requirements described in paragraphs 7#a7 and 7#b74 7d7 ,prohibitions 7#a7 ,no use for endowments ,a public institution may not use funds received under this title to increase its endowment4 7#b7 ,no use for athletic or commercial venues ,no funds awarded under this title may be used for the modernization1 renovation1 or repair of stadiums or other facilities of a public institution primarily used for athletic contests or events for which admission is charged to the general public4 7e7 ,state limitations on institutions ,nothing in this section shall be construed to prohibit a ,state from establishing additional requirements for public institutions in the ,state for the purpose of increasing the affordability of higher education4 #dii-d4 ,grant formula 7a7 ,grant ,formula ,the ,secretary shall award a block grant to an eligible ,state for a fiscal year in an amount equal to the product of-- 7#a7 the marginal ,federal match amount1 as determined under subsection 7b7 for the fiscal year and adjusted in accordance with subsection 7c72 multiplied by 7#b7 the full-time equivalent student number for the previous fiscal year4 7b7 ,federal ,match ,amount ,the ,federal match amount will be determined in accordance with the following table3 ,net ,state ,operating ,support ,per ,,fte student,federal match amount per ,,fte student,below #b1hfe,no match#b1hfe to #d1chhbj of the excess over #b1hfed1chi to #e1ddccjd4f1 plus #cj of the excess over #d1chie1ddd to #f1cjcfbj4h1 plus #dj of the excess over #e1dddf1cjd to #g1ddiifd4d1 plus #ej of the excess over #f1cjdg1dej to #h1eiea1ecf4i1 plus #aj of the excess over #g1dej;,above #h1eie,no match above #a1fea4d4 7c7 ,adjustments based on the ,maximum ,federal ,pell ,grant ,amount ,for each award year subsequent to #bjad1 the dollar amounts in the table under subsection 7b7 shall only be increased 7rounded to the nearest dollar7 by the percentage by which-- 7#a7 the maximum ,pell ,grant award amount for such award year1 exceeds 7#b7 #e1gcj4 7d7 ,ratable ,reduction ,if the sums made available under this part for any fiscal year are insufficient to pay the full amounts that all ,states are eligible to receive in accordance with this section for such year1 the ,secretary shall establish procedures for ratably reducing each ,state's award amount4 #dii-e4 ,accountability and enforcement 7a7 ,annual ,report 7#a7 ,in general ,beginning for the first fiscal year after a ,state receives a block grant under this part1 the ,state shall prepare and submit an annual report to the ,secretary1 which shall include detailed information about the ,state's use of grant funds to increase the affordability of public higher education and increase the enrollment of low-income students 7as measured by eligibility for a ,federal ,pell ,grant74 7#b7 ,contents ,a report described in paragraph 7#a7 shall-- 7,a7 describe all actions taken to incentivize public institutions to reduce tuition costs1 or mitigate the need to raise tuition and fees for in-,state students2 7,b7 explain the extent to which public institutions supported the enrollment of low-income students who are eligible for ,federal ,pell ,grants or other need-based financial assistance2 7,c7 disclose how the ,state distributed the allotment provided under this part to all public institutions1 and the rationale for such distribution2 7,d7 include the aggregated graduation rates for low-income students 7based on eligibility for ,federal ,pell ,grants71 part-time students1 and transfer students1 disaggregated by type of degree or credential2 and 7,e7 be publicly available in a manner that is easily accessible to parents1 students1 and consumer advocates4 7b7 ,maintaining net ,state operating support per ,,fte student 7#a7 ,in general ,each ,state receiving an allotment under this part for a fiscal year shall-- 7,a7 ensure that the amount expended by the ,state1 from funds derived from non-,federal sources1 for net ,state operating support per ,,fte student for the preceding fiscal year was not less than the amount expended by the ,state for net ,state operating support per ,,fte student for the second preceding fiscal year2 and 7,b7 demonstrate the ,state's compliance with subparagraph 7,a7 by providing the ,secretary with a written assurance and detailed documentation4 7#b7 ,penalty ,if a ,state does not comply with paragraph 7#a71 the ,state's grant award under this part shall be reduced by an amount equal to the product of-- 7,a7 the difference between-- 7i7 the net ,state operating support per ,,fte student for the second preceding fiscal year2 minus 7ii7 the net ,state operating support per ,,fte student for the preceding fiscal year2 multiplied by 7,b7 the full-time equivalent student number for the previous fiscal year4 7c7 ,maintenance of ,effort for ,state-,based ,financial ,aid ,each ,state receiving an allotment under this part for a fiscal year shall1 as a condition of receiving the allotment1 maintain the level of ,state student financial aid support provided for costs associated with postsecondary education at not less than the level of such support provided for the academic year immediately preceding the year for which the ,state is receiving the allotment4 7d7 ,authority ,to ,compromise ,notwithstanding subsections 7b7 and 7c71 the ,secretary may waive any maintenance of support and effort requirement described in such subsections for a ,state if there is a clear case of a significant economic downturn in the ,state4 ,such determination shall only be made by the ,secretary following a written appeal by the ,state that documents recent and significant decreases in economic activity in the ,state4 #dii-f4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year #bjae and each of the five succeeding fiscal years4 4 ,v ,developing ,institutions #eja4 ,rule of construction ,section #eja 7#bj ,u4,s4,c4 #aaja7 is amended-- 7#a7 in the section heading1 by striking and program authority and inserting program authority2 rule of construction2 and 7#b7 by adding at the end the following3 7d7 ,rule of ,construction ,nothing in this ,act shall be construed to restrict an institution from using funds provided under a section of this title for activities and uses that were authorized under such section on the day before the date of enactment of the ,higher ,education ,affordability ,act4 4 #ejb4 ,authorized activities under part ,a of title ,v ,section #ejc 7#bj ,u4,s4,c4 #aaja;b7 is amended-- 7#a7 by striking subsection 7b7 and inserting the following3 7b7 ,authorized activities ,grants awarded under this section shall be used for #a or more of the following activities3 7#a7 ,the purchase1 rental1 or lease of educational resources4 7#b7 ,the construction1 maintenance1 renovation1 or joint use and improvement of classrooms1 libraries1 laboratories1 or other instructional facilities1 including the integration of computer technology into institutional facilities to create smart buildings4 7#c7 ,support of faculty exchanges1 faculty development1 and faculty fellowships to assist members of the faculty in attaining advanced degrees in their field of instruction4 7#d7 ,student support services1 including the development and improvement of academic programs1 tutoring1 counseling1 school sanctioned travel1 and financial literacy for students and families4 7#e7 ,improving funds management1 administrative management1 and the acquisition of equipment for use in strengthening funds management4 7#f7 ,maintaining financial stability through establishing or developing a contributions development office or endowment fund4 7#g7 ,other activities proposed in the application submitted pursuant to section #eba7;b77#a7 that-- 7,a7 contribute to carrying out the purposes of the program assisted under this part2 and 7,b7 are approved by the ,secretary as part of the review and acceptance of such application4 2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by inserting #ge percent of after equal to or greater than2 and 7,b7 by adding at the end the following3 7#d7 ,scholarship ,a ,hispanic-serving institution that uses grant funds under this title to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution4 4 #ejc4 ,duration of grants under title ,v ,section #ejd 7#bj ,u4,s4,c4 #aaja;c7 is amended by adding at the end the following3 7c7 ,requirement for fourth and fifth year of funding 7#a7 ,in general ,before receiving funding under this title for the fourth or fifth year of the grant1 each ,hispanic-serving institution receiving a grant under this title shall demonstrate to the ,secretary that the institution is making progress in implementing the activities described in the institution's application under section #eba7;b77#a7 at a rate that the ,secretary determines will result in the full implementation of those activities during the remainder of the grant period4 7#b7 ,consideration of data and information ,the ,secretary shall consider any data or information provided to the ,department by grantees for the continued receipt of grants under this title under paragraph 7#a7 that is considered in accordance with regulations issued by the ,secretary before the date of enactment of the ,higher ,education ,affordability ,act4 ,any requirements the ,secretary develops for institutions in accordance with regulations issued by the ,secretary after the date of enactment of the ,higher ,education ,affordability ,act to carry out this subsection shall take into account the capacity and resources of institutions to comply with such requirements4 4 #ejd4 ,authorized activities under part ,b of title ,v ,section #eac 7#bj ,u4,s4,c4 #aajb;b7 is amended to read as follows3 #eac4 ,authorized ,activities ,grants awarded under this part shall be used for #a or more of the following activities3 7#a7 ,the purchase1 rental1 or lease of educational resources4 7#b7 ,the construction1 maintenance1 renovation1 or joint use and improvement of classrooms1 libraries1 laboratories1 or other instructional facilities1 including the integration of computer technology into institutional facilities to create smart buildings4 7#c7 ,support of faculty exchanges1 faculty development1 and faculty fellowships to assist members of the faculty in attaining advanced degrees in their field of instruction4 7#d7 ,support for low-income postbaccalaureate students1 including outreach1 academic support services1 mentoring1 scholarships1 fellowships1 and other financial assistance to permit the enrollment of low-income students in postbaccalaureate certificate programs and postbaccalaureate degree granting programs4 7#e7 ,collaboration with other institutions of higher education to expand postbaccalaureate certificate and postbaccalaureate degree offerings4 7#f7 ,other activities proposed in the applications submitted pursuant to section #ead7;a7 and section #eba7;b77#a7 that-- 7,a7 contribute to carrying out the purposes of this part2 and 7,b7 are approved by the ,secretary as part of the review and acceptance of such application4 4 #eje4 ,duration of grants under part ,b of title ,v ,section #ead 7#bj ,u4,s4,c4 #aajb;c7 is amended by adding at the end the following3 7d7 ,requirement for fourth and fifth year of funding 7#a7 ,in general ,before receiving funding under this part for the fourth or fifth year of the grant1 each ,hispanic-serving institution receiving a grant under this part shall demonstrate to the ,secretary that the institution is making progress in implementing the activities described in the institution's applications under subsection 7a7 and section #eba7;b77#a7 at a rate that the ,secretary determines will result in the full implementation of those activities during the remainder of the grant period4 7#b7 ,consideration of data and information ,the ,secretary shall consider any data or information provided to the ,department by grantees for the continued receipt of grants under this title under paragraph 7#a7 that is considered in accordance with regulations issued by the ,secretary before the date of enactment of the ,higher ,education ,affordability ,act4 ,any requirements the ,secretary develops for institutions in accordance with regulations issued by the ,secretary after the date of enactment of the ,higher ,education ,affordability ,act to carry out this subsection shall take into account the capacity and resources of institutions to comply with such requirements4 4 #ejf4 ,waiver authority2 reporting requirement2 technical assistance ,part ,c of title ,v 7#bj ,u4,s4,c4 #aajc et seq47 is further amended-- 7#a7 by redesignating section #ebh as section #ebi2 and 7#b7 by inserting after section #ebg the following3 #ebh4 ,technical assistance 7a7 ,in ,general ,the ,secretary shall provide technical assistance1 as requested1 to institutions that receive grants under part ,a or ,b to assist such institutions in the use or development of student data for the purposes of supporting students' progress and completion at such institutions4 7b7 ,requirements ,in order to provide institutions with the assistance necessary to carry out this section1 institutions who receive grants under part ,a shall report to the ,secretary on-- 7#a7 the number and percentage of undergraduate students who1 upon entry into the institution1 matriculate into a major field of study or other program leading to a postsecondary certificate1 an associate's degree1 or a baccalaureate degree2 7#b7 student persistence data for the institution's undergraduates1 demonstrating how many students are continuously enrolled in the institution1 which shall be measured in a manner proposed by the institution and approved by the ,secretary2 and 7#c7 data on the number of undergraduate students making satisfactory academic progress1 as defined in regulations promulgated by the ,department at the time such data is reported4 4 #ejg4 ,authorizations of appropriations for developing institutions ,section #ebi7;a71 as redesignated by paragraph 7#a7 of section #ejf1 is amended-- 7#a7 in paragraph 7#a71 by striking #age1jjj1jjj for fiscal year #bjji and such sums as may be necessary for each of the five succeeding fiscal years and inserting such sums as may be necessary for fiscal year #bjae and such sums as may be necessary for each of the five succeeding fiscal years2 and 7#b7 in paragraph 7#b71 by striking #ajj1jjj1jjj for fiscal year #bjji and such sums as may be necessary for each of the five succeeding fiscal years and inserting such sums as may be necessary for fiscal year #bjae and such sums as may be necessary for each of the five succeeding fiscal years4 ,,vi ,international education programs #fja4 ,technical and conforming amendment ,section #fca7;a77#b7 7#bj ,u4,s4,c4 #aacb7;a77#b77 is amended by striking and after the semicolon4 #fjb4 ,authorization of appropriations for international and foreign language studies ,section #faj 7#bj ,u4,s4,c4 #aabh;b7 is amended by striking #bjji and inserting #bjae4 #fjc4 ,authorization of appropriations for business and international education programs ,section #fad 7#bj ,u4,s4,c4 #aacj;b7 is amended-- 7#a7 in subsection 7a71 by striking #bjji and inserting #bjae2 and 7#b7 in subsection 7b71 by striking #bjji and inserting #bjae4 #fjd4 ,authorization of appropriations for the ,institute for ,international ,public ,policy ,section #fbi 7#bj ,u4,s4,c4 #aaca;f7 is amended by striking #bjji and inserting #bjae4 #fje4 ,authorization of appropriations for the science and technology advanced foreign language education grant program ,section #fcg7;f7 7#bj ,u4,s4,c4 #aacb-f7;f77 is amended by striking #bjji and inserting #bjae4 ,,vii ,graduate and postsecondary improvement programs #gja4 ,authorization of appropriations for the ,jacob ,k4 ,javits ,fellowship ,program ,section #gje 7#bj ,u4,s4,c4 #aacd;d7 is amended by striking #cj1jjj1jjj for fiscal year #bjji and inserting such sums as may be necessary for fiscal year #bjae4 #gjb4 ,authorization of appropriations for graduate assistance in areas of national need ,section #gaf 7#bj ,u4,s4,c4 #aace;e7 is amended by striking #ce1jjj1jjj for fiscal year #bjji and inserting such sums as may be necessary for fiscal year #bjae4 #gjc4 ,authorization of appropriations for the ,thurgood ,marshall ,legal ,educational ,opportunity ,program ,section #gba7;h7 7#bj ,u4,s4,c4 #aacf7;h77 is amended by striking #e1jjj1jjj for fiscal year #bjji and inserting such sums as may be necessary for fiscal year #bjae4 #gjd4 ,authorization of appropriations for ,masters degree programs at historically ,black colleges and universities and ,predominantly ,black ,institutions ,section #gbe 7#bj ,u4,s4,c4 #aacf;c7 is amended-- 7#a7 in subsection 7a71 by striking #bjji and inserting #bjae2 and 7#b7 in subsection 7b71 by striking #bjji and inserting #bjae4 #gje4 ,authorization of appropriations for the fund for improvement of postsecondary education ,section #gde 7#bj ,u4,s4,c4 #aach;d7 is amended by striking #bjji and inserting #bjae4 #gjf4 ,correctly recognizing educational achievements to empower graduates ,title ,,vii 7#bj ,u4,s4,c4 #aacc et seq47 is amended by inserting after part ,b the following3 ,c ,correctly ,recognizing ,educational ,achievements ,to ,empower ,graduates #gea4 ,purpose ,the purpose of this part is to award grants to ,states to support efforts at institutions of higher education1 or within systems of higher education1 to increase postsecondary degree attainment by-- 7#a7 locating1 and conferring degrees to1 students who have accumulated sufficient applicable postsecondary credits and maintained satisfactory academic progress to earn an associate's degree but did not receive one2 7#b7 providing outreach to those students who are within #ab credits of earning an associate's degree2 and 7#c7 establishing partnerships between #b-year and #d-year institutions of higher education in ,states1 in order to strengthen the transition pathways into #d-year institutions of higher education for transfer students4 #geb4 ,grants to increase degree attainment 7a7 ,definition of institution of higher education ,in this section1 the term institution of higher education has the meaning given the term in section #aja7;a74 7b7 ,program authorized 7#a7 ,in general ,from amounts appropriated under subsection 7j71 the ,secretary shall award grants1 on a competitive basis1 to ,states to enable the ,states to carry out the activities described in subsections 7e7 and 7f7 in order to support efforts at institutions of higher education1 or within systems of higher education1 to increase degree attainment4 7#b7 ,partnerships allowed ,a ,state may apply for a grant under this section in partnership with a nonprofit organization4 ,in any such partnership1 the ,state higher education agency or other ,state agency described in subsection 7c77#a7 shall serve as the fiscal agent for purposes of the grant4 7#c7 ,duration ,grants awarded under this section shall be for a period of #c years4 7c7 ,submission and contents of application 7#a7 ,in general ,the ,state1 acting through the ,state higher education agency or other ,state agency determined appropriate by the ,governor or chief executive officer of the ,state1 shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,contents ,an application submitted under paragraph 7#a7 shall include the following3 7,a7 ,a description of the ,state's capacity to administer the grant under this section and report annually to the ,secretary on the progress of the activities and services described in subsection 7e74 7,b7 ,a description of how the ,state will meet the purpose of the grant program under this part through outreach and memoranda of understanding with institutions of higher education1 including the ,state's plan for using grant funds to meet the requirements of subsections 7e7 and 7g7 and1 if the ,state elects to use grant funds under such subsection to create strong articulation agreements1 subsection 7f77#b74 7,c7 ,a description of how the ,state will coordinate with appropriate stakeholders1 including institutions of higher education1 data-sharing agencies within the ,state1 and other ,states4 7,d7 ,a description of-- 7i7 the structure that the ,state has in place to administer the activities and services described in subsection 7e71 including-- 7,i7 the capacity of the ,state's longitudinal data system to-- 7aa7 be clean of record duplication and ensure alignment of ,state and institutional credit completion records2 7bb7 include transfer flags and course and credit data to allow the ,state to run initial degree audits for institutions2 7cc7 include all postsecondary educational institutions in the ,state1 including public1 private nonprofit1 and private for-profit institutions2 and 7dd7 have in place mechanisms to share data across institutions1 systems1 and ,states2 7,,ii7 the capacity of the agency governing the ,state's longitudinal system to respond to data requests accurately and in a timely manner2 and 7,,iii7 the ,state's plan to protect student privacy with respect to data in the ,state longitudinal data system and comply with section #ddd of the ,general ,education ,provisions ,act 7commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd72 or 7ii7 the ,state's plan to develop the structure described in clause 7i7 as part of the activities carried out under the grant4 7d7 ,award basis and priority ,the ,secretary shall award grants under this section to ,states based on the quality of the applications submitted under subsection 7c74 ,in awarding grants under this section1 the ,secretary shall give priority to applications from ,states-- 7#a7 that do not have1 as of the time of the application1 statewide policies or statewide initiatives in place to retroactively award associate's degrees to students2 or 7#b7 that have a commitment to initiatives regarding the retroactive awarding of associate's degrees that will continue after the period of the grant4 7e7 ,mandatory use of funds 7#a7 ,subgrants ,a ,state that receives a grant under this section shall use not less than #hj percent of the grant funds provided to award subgrants1 on a competitive basis1 to institutions of higher education or systems of higher education4 ,each institution or system receiving a subgrant shall carry out all of the following activities and services1 pursuant to the conditions under subsection 7g73 7,a7 ,identify the group of current and former students at the institution of higher education or system of higher education that1 based on the data held by the institution1 meet both of the following requirements3 7i7 ,each individual has earned not less than #fj postsecondary credit hours 7or the minimum required by the ,state to earn an associate's degree7 at the institution of higher education or at an institution within the system of higher education4 7ii7 ,each individual has not had any postsecondary degree1 of any kind1 issued to the student by the institution of higher education4 7,b7 ,identify a subset of the current and former students described in subparagraph 7,a7 who have not already earned an associate's or baccalaureate degree elsewhere4 7,c7 ,perform a degree audit on each student in the subset described in subparagraph 7,b71 and identify each such student as one of the following3 7i7 ,eligible to obtain an associate's degree4 7ii7 ,eligible to obtain an associate's degree upon the completion of #ab or fewer postsecondary credit hours 7or the equivalent74 7iii7 ,not eligible under either clause 7i7 or 7ii74 7,d7 ,provide outreach to each student identified in subparagraph 7,c77i71 and award the earned associate's degree to such student1 unless such student declines through a written or oral declaration4 7,e7 ,provide outreach to each student identified in subparagraph 7,c77ii7 that includes information regarding next steps toward degree attainment1 including financial aid options4 7#b7 ,application process ,an institution of higher education or a system of higher education desiring a subgrant under this subsection shall submit an application to the ,state at such time1 in such manner1 and containing such information as the ,state may require4 ,such application shall include a written commitment from the institution or system of higher education that1 upon receipt of a grant1 the institution or system of higher education will carry out all of the activities described in paragraph 7#a74 7#c7 ,priority ,each ,state awarding subgrants under this part shall give priority to applications from institutions of higher education or systems of higher education that-- 7,a7 use an opt-out1 rather than an opt-in1 policy to award associate's degrees1 if such policy is permissible under applicable accreditation or ,state standards2 7,b7 waive nonacademic barriers to graduation1 such as swimming tests1 library fines1 graduation fees1 or parking tickets2 7,c7 waive or amend residency and recency requirements to prevent earned credits from expiring1 if such action is permissible under accreditation or ,state standards2 and 7,d7 commit to1 following the conclusion of the activities described in paragraph 7#a7 and continuing after the end of the grant period-- 7i7 conducting degree audits for each enrolled student once the student earns #de credits2 and 7ii7 provide information about graduation deadlines to remind students of relevant requirements at least #d months before the students graduate and again #a month before graduation4 7f7 ,permissive use of funds ,a ,state receiving a grant under this section may use-- 7#a7 not more than #ae percent of the total amount received under this section for administrative purposes relating to the grant under this section1 including technology needed to carry out the purposes of this part2 and 7#b7 not more than #e percent of the total amount received under this section to create strong articulation agreements between #b-year and #d-year institutions of higher education1 in order to enhance collaboration and strengthen the transition pathways between such institutions for transfer students4 7g7 ,special conditions and prohibitions 7#a7 ,availability to students ,a ,state1 institution of higher education1 or system of higher education receiving a grant or subgrant1 as the case may be1 under this section shall not charge any student an additional fee or charge to participate in the activities or services supported under this section4 7#b7 ,prohibited uses ,a ,state1 institution of higher education1 or system of higher education receiving a grant or subgrant1 as the case may be1 under this section shall not use any grant or subgrant funds for tuition1 fees1 room and board1 or any other purpose outside the goals of the grant4 7#c7 ,,ferpa requirements ,each ,state1 institution of higher education1 or system of higher education receiving a grant or subgrant1 as the case may be1 under this section that enters into a contract or other agreement with any outside entity to assist in carrying out the activities or services under such grant or subgrant1 shall ensure that the outside entity complies with all requirements of section #ddd of the ,general ,education ,provisions ,act 7commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd7 that would apply to the ,state1 institution1 or system4 7#d7 ,coordination ,a ,state receiving a grant under this section shall ensure the coordination of the activities and services carried out under this section with any other activities carried out in the ,state that are similar to the goals of this program1 and with any other entities that support the existing activities in the ,state1 with the goal of minimizing duplication4 7h7 ,report 7#a7 ,in general ,a ,state receiving a grant under this section shall prepare and submit an annual report to the ,secretary on the activities and services carried out under this section1 and on the implementation of such activities and services4 ,the report shall include1 for each institution of higher education or system of higher education receiving a subgrant1 the following information3 7,a7 ,the number of students who were first identified in the group described in subsection 7e77#a77;,a74 7,b7 ,the number of students who were removed from such group because the students had received a degree elsewhere1 in accordance with subsection 7e77#a77;,b74 7,c7 ,the number of degree audits performed under subsection 7e77#a77;,c74 7,d7 ,the number of students identified under subsection 7e77#a77;,c77i7 as eligible to obtain an associate's degree4 7,e7 ,the number of students identified under subsection 7e77#a77;,c77ii7 as eligible to obtain an associate's degree upon the completion of #ab or fewer postsecondary credit hours 7or the equivalent74 7,f7 ,the number of students identified under subsection 7e77#a77;,c77iii7 as ineligible to obtain an associate's degree and ineligible to obtain such a degree upon the completion of #ab or fewer postsecondary credit hours 7or the equivalent74 7,g7 ,the number of students awarded an associate's degree under subsection 7e77#a77;,d74 7,h7 ,the number of students identified in subsection 7e77#a77;,c77ii7 who are returning to an institution of higher education after receiving outreach described in subsection 7e77#a77;,e74 7,i7 ,the average amount of credit hours previously earned by students described in subsection 7e77#a77;,c77i7 when the associate's degrees are awarded4 7,j7 ,the number of students who received outreach described in subsection 7e77#a77;,d7 and who decline to receive the associate's degree4 7,k7 ,the number of students who could not be located or reached as part of the process4 7,l7 ,the reasons why students identified in subsection 7e77#a77;,c77ii7 did not return to an institution of higher education to receive a degree4 7,m7 ,details of any policy changes implemented as a result of implementing the activities and services and conducting the required degree audits4 7#b7 ,disaggregation ,the report shall include the information described in subparagraphs 7,a7 through 7,l7 of paragraph 7#a7 in the aggregate and disaggregated by age1 gender1 race or ethnicity1 status as an individual with a disability1 and socioeconomic status 7including status as a ,federal ,pell ,grant recipient74 7i7 ,enforcement provisions 7#a7 ,recovery or withholding ,the ,secretary may1 after notice and an opportunity for a hearing in accordance with chapter #e of title #e1 ,united ,states ,code-- 7,a7 withhold funds provided under a grant or subgrant under this section if a ,state system of higher education or an institution of higher education is failing to comply substantially with the requirements of this section2 or 7,b7 take actions to recover funds provided under a grant or subgrant under this section1 if the ,state system of higher education or an institution of higher education made an unallowable expense1 or otherwise failed to discharge its responsibility to properly account for funds4 7#b7 ,use of recovered or unused funds ,any funds recovered or withheld under paragraph 7#a7 shall-- 7,a7 be credited to the appropriations account from which amounts are available to make grants or enter cooperative agreements under this section2 and 7,b7 remain available until expended for any purpose of that account authorized by law that relates to the program under this section4 7j7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year #bjae and each of the #b succeeding fiscal years4 4 #gjg4 ,authorization of appropriations for demonstration projects to support postsecondary faculty1 staff1 and administrators in educating students with disabilities ,section #gfe 7#bj ,u4,s4,c4 #aadj;e7 is amended by striking #bjji and inserting #bjae4 #gjh4 ,authorization of appropriations for transition programs for students with intellectual disabilities ,section #gfi 7#bj ,u4,s4,c4 #aadj;i7 is amended by striking #bjji and inserting #bjae4 #gji4 ,authorization of appropriations for the ,commission on ,accessible ,materials and programs to support improved access to materials ,section #gge 7#bj ,u4,s4,c4 #aadjo7 is amended by striking #bjji and inserting #bjae4 #gaj4 ,authorization of appropriations for the ,national ,technical ,assistance ,center2 ,coordinating ,center ,section #ggh 7#bj ,u4,s4,c4 #aadjr7 is amended by striking #bjji and inserting #bjae4 #gaa4 ,first in the world competitive grant program ,title ,,vii 7#bj ,u4,s4,c4 #aacc et seq47 is amended by adding at the end the following3 ,f ,first in the world competitive grant program #ghc4 ,purpose ,the purpose of this part is-- 7#a7 to help institutions of higher education implement innovative strategies and practices shown to be effective in improving educational outcomes and making postsecondary education more affordable for students and families2 7#b7 to raise the percentage of individuals in the ,united ,states who have a degree from an institution of higher education or another postsecondary credential by #bjbj2 and 7#c7 to develop an evidence base of effective practices for ensuring that more students can access1 persist in1 and complete postsecondary education4 #ghd4 ,program authorized 7a7 ,eligible entity defined ,in this part eligible entity means-- 7#a7 a nonprofit institution of higher education2 7#b7 a consortium of nonprofit institutions of higher education2 or 7#c7 a nonprofit institution described in paragraph 7#a71 or a consortium described in paragraph 7#b71 in partnership with #a or more public or private organizations4 7b7 ,program authorized ,from amounts appropriated under section #gia1 the ,secretary shall award grants1 on a competitive basis and in accordance with subsection 7d71 to eligible entities to enable such eligible entities to support the activities described in section #ghf4 7c7 ,duration of grants ,grants awarded under this part shall be for a period of not more than #e years4 7d7 ,limitation ,an eligible entity shall not be awarded more than #a grant for each grant competition4 #ghe4 ,application2 standards of evidence2 priority 7a7 ,application ,each eligible entity that desires to receive a grant under this part shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require1 including1 at a minimum-- 7#a7 a description of-- 7,a7 the project for which the eligible entity is seeking a grant and how the evidence supporting that project meets the standards of evidence established by the ,secretary under subsection 7b72 7,b7 the student population to be served and how the proposed project will meet the needs of those students2 7,c7 the resources and capacity of the eligible entity to carry out the proposed project2 7,d7 the replicable and scalable reform strategies the eligible entity will implement2 7,e7 the eligible entity's plan for continuing the proposed project after the eligible entity no longer receives funding under this part2 7,f7 the eligible entity's plans for independently evaluating the effectiveness of activities carried out under the grant1 including evaluating whether the strategies that the eligible entity implements are showing evidence of effectiveness2 and 7,g7 the eligible entity's data collection plan2 7#b7 an estimate of the number of students that the eligible entity plans to serve under the proposed project1 including the percentage of those students who are from low-income families2 7#c7 an assurance that the eligible entity will-- 7,a7 cooperate with evaluations1 as requested by the ,secretary2 and 7,b7 make data available to third parties for validation and further study2 and 7#d7 if applicable1 a description of the partnership the eligible entity has established with #a or more public or private organizations for the purpose of carrying out activities under the grant4 7b7 ,standards of ,evidence 7#a7 ,in ,general ,the ,secretary shall establish standards for the quality of evidence that an applicant shall provide in accordance with subsection 7a77#a77;,a7 in order to demonstrate that the project the applicant proposes to carry out with the funds under this part is likely to succeed in improving student outcomes according to the performance measures described in section #ghg4 ,these standards shall include the following3 7,a7 ,strong evidence that the activities proposed by the applicant will have a statistically significant effect on student outcomes1 including postsecondary enrollment rates1 postsecondary persistence rates1 and postsecondary completion rates4 7,b7 ,moderate evidence that the activities proposed by the applicant will improve such student outcomes4 7,c7 ,a rationale based on research findings or a reasonable hypothesis that the activities proposed by the applicant will improve such student outcomes4 7#b7 ,support for new standards ,subject to paragraph 7#c71 the ,secretary shall ensure that not less than one-half of the funds awarded under this part are awarded for projects that-- 7,a7 meet a standard of evidence described in subparagraph 7,b7 or 7,c7 of paragraph 7#a72 and 7,b7 do not meet the evidence standard described in subparagraph 7,a7 of such paragraph4 7#c7 ,exception ,the ,secretary shall not be required to meet the requirement described in paragraph 7#b7 unless a sufficient number of otherwise high quality applications are received4 7c7 ,priority ,in awarding grants under this part1 the ,secretary shall give priority to applicants that plan to-- 7#a7 implement interventions that result in measurable increases in the number of low-income students who-- 7,a7 enroll and persist in postsecondary education2 and 7,b7 complete a postsecondary degree or certificate2 7#b7 implement a systemwide design that would have positive effects on low-income students2 7#c7 increase successful transfers of low-income students into higher level programs1 such as from a certificate program to an associate's degree program or from an associate's degree program to a bachelor's degree program2 7#d7 increase enrollment and completion rates for degrees or certificates in the fields of science1 technology1 engineering1 and mathematics for students from groups that are historically underrepresented in those fields1 including minorities and women1 by implementing new and substantially different strategies2 7#e7 design and implement new and innovative approaches to reduce the time it takes for students to complete a program of study and earn a postsecondary degree or certificate2 7#f7 design and implement new and innovative strategies to contain the cost of education for students and families pursuing higher education2 and 7#g7 develop cross-system partnerships among workforce1 adult education1 career and technical education1 postsecondary education1 human service agencies1 and others4 #ghf4 ,uses of funds ,each eligible entity that receives funds under this part shall use such funds to carry out #a or more of the following activities3 7#a7 ,designing innovative approaches to teaching and learning that are designed to produce better outcomes for postsecondary students4 7#b7 ,implementing promising practices that accelerate the pace and success rate at which students who need remedial coursework move into credit-bearing coursework and toward a degree or certificate4 7#c7 ,establishing open postsecondary degree pathways that-- 7,a7 are offered to students at low cost or no cost2 7,b7 are offered in fields that focus on the education and skills employers are seeking2 and 7,c7 have the potential to deliver high quality learning experiences and outcomes4 7#d7 ,redesigning courses and programs of study that improve student learning at lower costs than traditional courses4 7#e7 ,developing innovative student services approaches that address financial barriers to college completion1 such as access to comprehensive financial supports 7including tax credits and ,federal1 ,state1 and local benefits programs71 financial literacy1 workforce development1 and legal services4 7#f7 ,any other innovative program or strategy approved by the ,secretary4 #ghg4 ,performance measures 7a7 ,establishment of performance measures ,the ,secretary shall establish performance measures for the programs and activities carried out under this part4 ,these measures1 at a minimum1 shall track the grantee's progress in improving postsecondary education access1 affordability1 and completion-- 7#a7 for all students served by the grantee2 and 7#b7 for students served by the grantee1 disaggregated on the basis of race and ethnicity1 gender1 and status as a recipient of a ,federal ,pell ,grant4 7b7 ,performance measures included ,the performance measures described in subsection 7a7 shall include the following3 7#a7 ,postsecondary enrollment rates4 7#b7 ,persistence from semester to semester and year to year4 7#c7 ,on-time graduation rates4 7#d7 ,any other indicator determined by the ,secretary or grantee4 #ghh4 ,reporting requirement ,each eligible entity that receives a grant under this part shall submit to the ,secretary1 at such time and in such manner as the ,secretary may require1 an annual report that includes-- 7#a7 information about the eligible entity's progress as measured by the performance measures established under section #ghg2 7#b7 data relating to such performance measures2 7#c7 the evaluation required in accordance with section #ghe7;a77#a77;,f72 and 7#d7 any additional information that the ,secretary may require4 #ghi4 ,evaluation ,the ,secretary shall-- 7#a7 acting through the ,director of the ,institute of ,education ,sciences1 evaluate the implementation and impact of activities supported under this part2 and 7#b7 disseminate research on best practices relating to those activities4 #gij4 ,supplement1 not supplant ,funds made available under this part shall be used to supplement1 and not supplant1 other ,federal1 ,state1 and local funds that would otherwise be expended to carry out activities under this section4 #gia4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year #bjae and each of the #d succeeding fiscal years4 4 #gab4 ,dual enrollment and early college high school programs ,title ,,vii 7#bj ,u4,s4,c4 #aacd et seq471 as amended by section #gaa1 is further amended by adding at the end the following3 ,g ,dual enrollment and early college high school programs #gic4 ,dual enrollment programs and early college high school programs 7a7 ,purpose ,the purpose of this section is to help expand access to1 and improve the quality of1 dual enrollment programs and early college high school programs4 7b7 ,definitions ,in this section3 7#a7 ,applied learning ,the term applied learning means a strategy that-- 7,a7 engages students in opportunities to apply rigorous academic content aligned with postsecondary-level expectations to real world experience1 through such means as work experience1 work-based learning1 problem-based learning1 or service-learning2 and 7,b7 develops students' cognitive competencies and pertinent employability skills4 7#b7 ,dual enrollment program ,the term dual enrollment program means a program of study provided by an institution of higher education through which a student who has not graduated from secondary school with a regular high school diploma is able to earn secondary school credit and transferable postsecondary credit that is accepted as credit towards a postsecondary degree or certificate at no cost to the participant or the participant's family4 ,a dual enrollment program shall consist of not less than #b postsecondary credit-bearing courses and support and academic services that help a student persist and complete such courses4 7#c7 ,early college high school program ,the term early college high school program means a formal partnership between at least #a local educational agency and at least #a institution of higher education that allows students to simultaneously complete1 as part of an organized course of study1 requirements towards earning a regular high school diploma and earning not less than #ab transferable postsecondary credits that are accepted as credit towards a postsecondary degree or certificate at no cost to the participant or the participant's family4 7#d7 ,eligible entity ,the term eligible entity means a partnership that-- 7,a7 shall include-- 7i7 a high-need local educational agency or a high-need high school2 and 7ii7 an institution of higher education operating in the same ,state as the high-need local educational agency or high-need school2 and 7,b7 may include-- 7i7 a consortium of entities described in clauses 7i7 and 7ii7 of subparagraph 7,a72 and 7ii7 a nonprofit or community-based organization with demonstrated expertise in serving low-income students and traditionally underrepresented students4 7#e7 ,foster care youth ,the term foster care youth means-- 7,a7 youth whose care and placement is the responsibility of the ,state or ,tribal agency that administers a ,state plan under part ,b or ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq4 and #fgj et seq471 without regard to whether foster care maintenance payments are made under section #dgb of such ,act 7#db ,u4,s4,c4 #fgb7 on behalf of the child2 and 7,b7 includes individuals whose care and placement was the responsibility of the ,state or ,tribal agency that administers a ,state plan under part ,b or ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq4 and #fgj et seq47 when they were age #ac or older but who are no longer the under the care of the ,state or ,tribal agency4 7#f7 ,high-need local educational agency ,the term high-need local educational agency means a local educational agency-- 7,a7 that serves not fewer than #aj1jjj children from families with incomes below the poverty line2 7,b7 for which not less than #bj percent of the children served by the agency are from families with incomes below the poverty line2 or 7,c7 that is in the highest quartile of local educational agencies in the ,state1 based on student poverty4 7#g7 ,high-need high school ,the term high-need high school means a secondary school that serves students not less than #ej percent of whom are either low-income students or traditionally underrepresented students4 7#h7 ,high school graduation rate ,the term high school graduation rate means the term four-year adjusted cohort graduation rate in section #bjj4ai7;b77#a77;i77,a7 of title #cd1 ,code of ,federal ,regulations1 as such section was in effect on ,november #bh1 #bjjh1 and the extended-year adjusted cohort graduation rate as defined in section #bjj4ai7;b77#a77v77,a7 of title #cd1 ,code of ,federal ,regulations1 as such section was in effect on ,november #bh1 #bjjh4 7#i7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja4 7#aj7 ,low-income student ,the term low-income student means a student who-- 7,a7 is eligible for a free or reduced priced lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act2 7,b7 is eligible for1 or is a member of a family eligible for1 means tested benefits or public assistance at the ,federal1 ,state1 or local level2 or 7,c7 lives in a high-poverty area or attends a secondary school that serves students in a high-poverty area4 7#aa7 ,personalized graduation and college plan ,the term personalized graduation and college plan means a personalized document that is developed in collaboration with a student1 the student's family1 and school personnel1 is updated at least annually1 is informed by labor market information1 and does the following3 7,a7 ,sets postsecondary education and career goals4 7,b7 ,develops a course-taking schedule to meet graduation requirements4 7,c7 ,as appropriate1 outlines academic and non-academic supports that are needed to successfully achieve goals and graduate college and career ready4 7,d7 ,allows the student and family to track progress toward goals and graduation requirements4 7#ab7 ,regular high school diploma ,the term regular high school diploma means the standard secondary school diploma that is awarded to students in the ,state and that is fully aligned with the ,state's academic content standards or a higher diploma and does not include an alternative credential1 certificate of attendance1 or any alternative award4 7#ac7 ,traditionally underrepresented student ,the term traditionally underrepresented student means a student who-- 7,a7 7i7 is a low-income student2 and 7ii7 7,i7 is a first generation college student1 as defined in section #djb;,a7h72 7,,ii7 has a dependent2 7,,iii7 is employed for not less than #be hours a week2 or 7,,iv7 left secondary school without a regular high school diploma or its equivalent2 7,b7 is or has been a homeless child or youth1 as defined in section #gbe of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a72 7,c7 is a foster care youth2 7,d7 is an individual with a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb72 7,e7 is a child with a disability1 as defined in section #fjb of the ,individuals with ,disabilities ,education ,act2 or 7,f7 has been adjudicated in the juvenile or criminal justice system4 7c7 ,program authorized 7#a7 ,in general ,the ,secretary shall make grants1 from allotments determined under paragraph 7#c71 to ,states to enable the ,states to award subgrants to eligible entities to support dual enrollment programs and early college high school programs4 7#b7 ,reservations 7,a7 ,technical assistance ,the ,secretary shall reserve not more than #e percent of the total amount appropriated to carry out this section for each fiscal year to provide technical assistance to ,states and eligible entities awarded grants and subgrants under this section and to evaluate the grant program established under this section4 7,b7 ,,bie and ,outlying ,areas ,the ,secretary shall reserve #a percent of the total amount appropriated to carry out this section for each fiscal year for the ,secretary of the ,interior for programs under this section in schools operated or funded by the ,bureau of ,indian ,education and for outlying areas 7as defined under the ,elementary and ,secondary ,education ,act of #aife74 7,c7 ,limitation ,funds allotted for the ,commonwealth of ,puerto ,rico shall not exceed #j4e percent of the total amount available to ,states to carry out this section4 7#c7 ,determination of allotment ,from the total amount appropriated to carry out this section for a fiscal year and not reserved under paragraph 7#b7 and except as provided in paragraph 7#d71 the ,secretary shall allot to each ,state the sum of-- 7,a7 an amount that bears the same relationship to #fe percent of such total amount minus the reserved amount as the number of low-income students in grades #i through #ab in the ,state1 as determined by the ,secretary on the basis of the most recent satisfactory data1 bears to the number of such students in all ,states1 as so determined2 and 7,b7 an amount that bears the same relationship to #ce percent of such total amount minus the reserved amount as the number of students in grades #i through #ab in the ,state1 as determined by the ,secretary on the basis of the most recent satisfactory data1 bears to the number of such students in all ,states1 as so determined4 7#d7 ,minimum allotment ,the allotment for each ,state under paragraph 7#c7 for a fiscal year shall be an amount that is not less than #j4e percent of the total amount available to ,states for such fiscal year to carry out this section4 7#e7 ,subgrant duration ,a subgrant awarded under this section shall be for a #e-year period4 7d7 ,applications 7#a7 ,in general ,a ,state that desires to receive a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and accompanied by such information as the ,secretary may require4 7#b7 ,contents ,each application submitted under paragraph 7#a7 shall include the following3 7,a7 ,a description of a comprehensive statewide plan for improving access to dual enrollment programs and early college high school programs1 improving the completion rates and quality of such programs1 and the level of postsecondary credit earned by participants in such programs among low-income students and traditionally underrepresented students4 7,b7 ,a coherent strategy for using grant funds provided under this section with other ,federal1 ,state1 and local funds to-- 7i7 increase access to dual enrollment programs and early college high school programs among low-income students and traditionally underrepresented students2 7ii7 increase completion rates of dual enrollment programs and early college high school programs among low-income students and traditionally underrepresented students2 7iii7 implement appropriate secondary and postsecondary supports for low-income students and traditionally underrepresented students2 and 7iv7 continuously improve the quality of such programs4 7,c7 ,evidence of collaboration among the ,state1 the ,state educational agency1 local educational agencies in the ,state1 teachers1 institutions of higher education in the ,state1 workforce development partners1 and other stakeholders in developing and implementing the plan under subparagraph 7,a74 7,d7 ,how the ,state and eligible entities receiving subgrants under this section will recruit low-income students and traditionally underrepresented students to participate in dual enrollment programs and early college high school programs funded under the grant4 7,e7 ,an assurance that the ,state and eligible entities receiving subgrants under this section will track and report the performance measures described in subsection 7g74 7,f7 ,documentation of the record of the ,state1 or eligible entity1 as applicable1 in areas to be measured by the performance measures under subsection 7g74 7,g7 ,an assurance that the ,state has taken and will take steps to eliminate statutory1 regulatory1 procedural1 or other barriers to facilitate the full implementation of the ,state's plan under subparagraph 7,a74 7,h7 ,a description of how the ,state and eligible entities receiving subgrants under this section will sustain the activities proposed after the grant period ends4 7,i7 ,an assurance that the ,state will require each eligible entity1 on behalf of a dual enrollment program or early college high school program that receives funds under a grant awarded under this section1 to enter into an articulation agreement with other public institutions of higher education that are located in the ,state in which an institution of higher education that is part of an eligible entity is located4 ,such articulation agreements shall be developed in consultation with educators at institutions of higher education and secondary schools4 ,such articulation agreement shall guarantee-- 7i7 that students who earn postsecondary credit as part of a dual enrollment program or early college high school program will be able to transfer those credits to-- 7,i7 any public institution of higher education in the ,state1 and that such credits will count toward meeting specific degree or certificate requirements2 and 7,,ii7 any private nonprofit institution of higher education that chooses to participate in an articulation agreement2 7ii7 that common course numbering is used to identify substantially similar courses2 7iii7 that credits are recognized throughout the system of higher education in the ,state and count as credits earned for both a regular high school diploma and credit for a degree or certificate program at a public institution of higher education in the ,state and at any private nonprofit institution of higher education that chooses to participate2 and 7iv7 that if a student earns an associate's degree as part of a dual enrollment program or early college program1 that associate's degree1 awarded by the participating institution of higher education in the ,state1 shall be fully acceptable in transfer and credited as the first #b years of a related baccalaureate program at a public institution of higher education in such ,state4 7,j7 ,an assurance that the ,state will require all public institutions of higher education in the ,state to establish credit transfer policies and articulation agreements with each other so that students can seamlessly transfer among such institutions of higher education and private nonprofit institutions of higher education if such private nonprofit institutions of higher education choose to participate4 7,k7 ,a formal commitment from the institutions of higher education participating in the program that students will not be required to pay tuition and fees1 room and board1 or fees for books and materials for any courses in dual enrollment programs or early college high school programs4 7,l7 ,a plan to address the unique circumstances facing rural students and students with transportation barriers who wish to participate in dual enrollment programs and early college high school programs1 including difficulties in providing such students with the opportunity to participate at campuses of institutions of higher education4 7,m7 ,an assurance that the ,state will develop a plan to increase enrollment in1 persistence through1 and completion of postsecondary education among low-income students and traditionally underrepresented students throughout the ,state through the use of dual enrollment programs and early college high school programs4 7,n7 ,an assurance that the ,state has enacted funding models that ensure that local educational agencies and institutions of higher education that participate in dual enrollment programs and early college high school programs do not lose per-pupil or full-time equivalent funding for participating students4 7#c7 ,applications for subgrants ,an eligible entity that desires to receive a subgrant under this section shall submit to a ,state an application at such time1 in such manner1 and accompanied by such information as the ,state may require1 including1 at a minimum-- 7,a7 a coherent strategy for using subgrant funds provided under this section with other ,federal1 ,state1 and local funds to-- 7i7 increase access to dual enrollment programs and early college high school programs among low-income students and traditionally underrepresented students2 7ii7 increase completion rates of dual enrollment programs and early college high school programs among low-income students and traditionally underrepresented students2 and 7iii7 continuously improve the quality of such programs2 7,b7 a description of how the eligible entity will conduct an outreach strategy to ensure that secondary school students1 their families1 young people who have dropped out of school1 low-income students1 traditionally underrepresented students1 and community members are aware of early college high school programs and dual enrollment programs1 which shall include information on-- 7i7 deadlines for enrolling in the early college high school program or dual enrollment program for the following school year2 7ii7 the courses that will be available to students2 7iii7 the secondary school and postsecondary credit or credentials that can be earned from available courses2 7iv7 as appropriate1 the similarities and differences between early college high school programs and dual enrollment programs2 7v7 after the first year of implementation1 achievement outcomes 7such as number of course credits earned7 of students participating in the early college high school program or dual enrollment program2 and 7vi7 as soon as practicable as determined by the ,secretary1 outcomes on the performance measures described under subsection 7g7 of students participating in the early college high school program or dual enrollment program2 7,c7 a description of the ongoing feedback process between the participating institutions of higher education and the participating local educational agencies1 including-- 7i7 the provision of academic outcome data1 including the disaggregation of such data by student subgroups described in section #aaaa7;b77#b77;,c77v77,,ii7 of the ,elementary and ,secondary ,education ,act of #aife1 from the institution to the local educational agency1 on the remediation needs of incoming students2 and 7ii7 a description of how that information is used by the local educational agency to strengthen instruction and reduce the need for postsecondary remediation2 7,d7 an assurance that instructors teaching postsecondary courses in dual enrollment programs and early college high school programs meet the same standards for faculty established at the participating institutions of higher education2 7,e7 a description of the academic and social support services that will be provided to participating students1 including academic counseling and guidance on the financial aid process2 7,f7 an assurance that the eligible entity will establish polices that-- 7i7 maximize1 to the extent practicable and taking into account the geography of the region1 the number of dual enrollment program and early college high school program students on the campuses of institutions of higher education and in classrooms with postsecondary students1 and dual enrollment program and early college high school program courses taught by professors of the institutions of higher education2 and 7ii7 in any case where providing courses of the dual enrollment program or early college high school program on a campus of an institution of higher education is not practicable1 ensure that each course of the dual enrollment program or early college high school program that is taught in secondary schools is-- 7,i7 developed in collaboration with an institution of higher education2 7,,ii7 fully comparable with the courses offered on the campus of the institution of higher education2 7,,iii7 augmented with campus experiences when reasonably achievable2 and 7,,iv7 taught by a faculty member from the partner institution of higher education1 where practicable1 or1 if not practicable1 by an instructor who is selected1 supervised1 and evaluated by the institution of higher education2 and 7,g7 an assurance that the eligible entity will provide access to a dual enrollment program or early college high school program to all students1 including low-income students and traditionally underrepresented students in the area or school4 7e7 ,uses of funds 7#a7 ,required ,state uses of funds 7,a7 ,in ,general ,the ,state may reserve not more than #e percent of the total amount allotted to carry out this section for each fiscal year to carry out the requirements of clauses 7ii7 through 7vi7 of subparagraph 7,b74 ,the remaining amount shall be used to award subgrants to eligible entities in the ,state4 7,b7 ,state uses of funds ,a ,state that receives a grant under this section shall carry out the following3 7i7 ,award subgrants to eligible entities to enable the entities to support dual enrollment programs and early college high school programs4 7ii7 ,design and implement a statewide strategy for dual enrollment programs and early college high school programs for low-income students and traditionally underrepresented students in higher education to ensure such programs are offered free of charge to students4 7iii7 ,establish articulation agreements and credit transfer policies4 7iv7 ,develop common college success courses for low-income students and traditionally underrepresented students enrolled in dual enrollment programs and early college high school programs4 7v7 ,collect data for program improvement and reporting of performance measures as described in subsection 7g74 7vi7 ,provide technical assistance to dual enrollment programs and early college high school programs1 which may include providing such assistance through a nonprofit organization with expertise in such programs4 7#b7 ,required local uses of funds ,an eligible entity that receives a subgrant under this section shall carry out the following3 7,a7 ,support dual enrollment programs and early college high school programs in the schools served by the high-need local educational agency4 7,b7 ,develop a personalized graduation and college plan for each student participating in a dual enrollment program or early college high school program funded by the subgrant4 7,c7 ,enter into the articulation agreement described in subsection 7d77#b77;,i74 7,d7 ,carry out outreach programs to elementary school students1 secondary school students1 low-income students1 traditionally underrepresented students1 youth who have dropped out of school1 and their parents and families to ensure awareness of dual enrollment programs and early college high school programs and the ability to earn college credit while in secondary school and to reengage dropouts in school4 ,such programs may be carried out in partnership with a nonprofit or community-based organization4 7,e7 ,provide academic and social support services to students1 including counseling activities1 tutoring1 and postsecondary education readiness activities such as assistance with the ,federal financial aid application process4 7,f7 ,collect data for program improvement and reporting of performance measures as described in subsection 7g74 7,g7 ,implement applied learning opportunities4 7,h7 ,develop coordinated activities between institutions of higher education and local educational agencies1 including academic calendars1 provision of student services1 and curriculum development4 7,i7 ,pay for tuition and fees1 transportation1 and fees for books and materials4 7,j7 ,provide students with information about how the credits they earn through participating in dual enrollment programs and early college high school programs will be transferred to an institution of higher education4 7#c7 ,permissive uses of funds ,a ,state that receives a grant under this section or an eligible entity that receives a subgrant under this section may provide-- 7,a7 professional development1 including joint professional development1 for secondary and postsecondary instructors of courses in a dual enrollment program or early college high school program2 or 7,b7 extended learning time opportunities for students participating in dual enrollment programs and early college high school programs4 7#d7 ,priorities ,in awarding subgrants under this subsection1 a ,state-- 7,a7 shall-- 7i7 give priority to eligible entities that include a high-need local educational agency that serves students not less than #fj percent of whom are low-income students or traditionally underrepresented students2 or 7ii7 give priority to eligible entities that include a high-need high school that demonstrates sufficient support and academic services in place to help participating students persist and complete a dual enrollment program or early college high school program2 and 7,b7 may give a priority to eligible entities that-- 7i7 develop innovative strategies for expanding access to dual enrollment programs and early college high school programs for low-income students and traditionally underrepresented students1 and increasing the number of those students that complete such programs2 and 7ii7 demonstrate how the entity will sustain funding for dual enrollment programs or early college high school programs after the grant period ends4 7f7 ,matching requirements 7#a7 ,state matching requirement ,a ,state receiving a grant under this section shall provide1 from non-,federal sources1 in cash or in-kind1 an amount equal to #ej percent of the grant funds awarded under this section4 7#b7 ,eligible entity matching requirement ,a ,state receiving a grant under this section shall require each eligible entity that receives a subgrant under this section to provide1 from non-,federal sources1 in cash or in-kind1 an amount equal to not less than #be percent of the amount of subgrant funds awarded to that eligible entity4 7g7 ,performance measures 7#a7 ,in general ,the ,secretary shall1 prior to awarding grants under this section1 establish performance measures for the programs and activities carried out under grants and subgrants awarded under this section4 ,the ,secretary shall ensure that the performance measures are made available to potential applicants prior to seeking applications for grants under this section4 7#b7 ,monitoring progress ,the performance measures established under paragraph 7#a71 at a minimum1 shall collect data on the progress of grantees and subgrantees in improving the outcomes described in paragraph 7#c7 for all students participating in dual enrollment programs or early college high school programs funded with a grant or subgrant under this section4 ,this data shall be disaggregated according to the categories described in section #aaaa7;b77#b77;,c77v77,,ii7 of the ,elementary and ,secondary ,education ,act of #aife4 7#c7 ,outcomes ,the performance measures shall measure the progress of grantees and subgrantees in achieving the following outcomes3 7,a7 ,increasing high school graduation rates4 7,b7 ,increasing dropout recovery 7re-entry7 rates4 7,c7 ,decreasing the percentage of students with less than a #ij percent attendance rate4 7,d7 ,increasing the percentage of students who have on-time credit accumulation at the end of each grade4 7,e7 ,increasing annual1 average attendance rates4 7,f7 ,reducing the need for remediation in postsecondary education4 7,g7 ,increasing enrollment rates at institutions of higher education4 7,h7 ,increasing postsecondary education persistence and completion rates4 7,i7 ,increasing the rate at which students complete postsecondary education4 7,j7 ,measured increases in enrollment in dual enrollment programs and early college high school programs4 7,k7 ,increasing the percentage of students who successfully complete and earn a minimum of #ab credits for rigorous postsecondary education courses while attending a secondary school4 7,l7 ,increasing the percentage of students who earn postsecondary credit and successfully have such credit accepted by an institution of higher education toward a degree or certificate4 7h7 ,reporting 7#a7 ,state reports ,each ,state that receives a grant under this section shall submit to the ,secretary1 at such time and in such manner as the ,secretary may require1 an annual report that includes-- 7,a7 information about the ,state's progress on the performance measures established under subsection 7g7 and the data supporting that progress2 and 7,b7 information submitted to the ,state from the eligible entities1 as described in paragraph 7#b74 7#b7 ,eligible entity reports ,each eligible entity that receives a subgrant under this section shall submit to the ,state1 at such time and in such manner as the ,state may require1 an annual report that includes information about the entity's progress on the performance measures established under subsection 7g7 and the data supporting that progress1 at such time and in such manner as the ,state may require4 7i7 ,evaluation ,the ,secretary shall-- 7#a7 acting through the ,director of the ,institute of ,education ,sciences1 evaluate the implementation and impact of activities supported under this section2 and 7#b7 disseminate research on best practices4 7j7 ,supplement1 not supplant ,a ,state or eligible entity shall use ,federal funds received under this section only to supplement the funds that would1 in the absence of such ,federal funds1 be made available from non-,federal sources for activities described in this section1 and not to supplant such funds4 7k7 ,authorization ,there are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years #bjae through #bjai4 4 #gac4 ,minority-serving institutions innovation fund ,title ,,vii 7#bj ,u4,s4,c4 #aacd et seq471 as amended by sections #gaa and #gab1 is further amended by adding at the end the following3 ,h ,minority-serving institutions innovation fund #gie4 ,purpose ,it is the purpose of this part to assist minority-serving institutions in planning1 developing1 implementing1 validating1 and replicating innovations that provide solutions to persistent challenges in enabling economically and educationally disadvantaged students to enroll in1 persist through1 and graduate from minority-serving institutions1 including initiatives designed to-- 7#a7 improve student achievement at minority-serving institutions2 7#b7 increase successful recruitment at minority-serving institutions of-- 7,a7 students from low-income families of all races2 7,b7 adults2 and 7,c7 military-affiliated students2 7#c7 increase the rate at which students enrolled in minority-serving institutions make adequate or accelerated progress towards graduation and successfully graduate from such institutions2 7#d7 increase the number of students pursuing and completing degrees in science1 technology1 engineering1 and mathematics at minority-serving institutions and pursuing graduate work in such fields2 7#e7 enhance the quality of teacher preparation programs offered by minority-serving institutions2 7#f7 redesign course offerings and institutional student aid programs to help students obtain meaningful employment2 and 7#g7 expand the effective use of technology at minority-serving institutions4 #gie;,a4 ,definitions ,in this part the term eligible entity means-- 7#a7 an institution that is eligible for the receipt of funds under the programs authorized under title ,,iii or ,v of this ,act2 or 7#b7 a consortium that includes an institution described in paragraph 7#a7 and-- 7,a7 one or more other institutions of higher education2 7,b7 one or more nonprofit organizations2 or 7,c7 one or more local educational agencies4 #gie;,b4 ,grants authorized 7a7 ,in general ,from funds made available for this part under section #gie;,f1 the ,secretary shall award competitive planning and implementation grants1 as described in subsections 7b7 and 7c71 to eligible entities to enable such entities to plan for the implementation of1 in the case of a planning grant1 and implement1 in the case of an implementation grant1 innovations authorized under this part and to support the implementation1 validation1 scaling up1 and replication of such innovations4 7b7 ,planning grants 7#a7 ,duration ,a planning grant authorized under this subsection shall be for a #a-year period4 7#b7 ,grant amounts ,each planning grant authorized under this subsection shall be an amount that is not more than #ajj1jjj4 7c7 ,implementation grants 7#a7 ,in general ,from funds made available for this part under section #gie;,f1 the ,secretary shall award implementation grants to eligible entities to further develop1 pilot1 field-test1 implement1 document1 validate1 and1 as applicable1 scale up and replicate innovations that address the purpose of this part4 7#b7 ,duration ,an implementation grant authorized under this subsection shall be for a #e-year period4 ,grant funding after the first #c years shall be conditional upon the eligible entity achieving satisfactory progress towards carrying out the educational innovations1 activities1 and projects described in section #gie;,e1 as determined by the ,secretary4 7#c7 ,grant amount ,each implementation grant authorized under this subsection shall be an amount that is not more than #aj1jjj1jjj4 7d7 ,consortium entities 7#a7 ,fiscal agent ,in the case of an eligible entity that applies for a grant under this part as a consortium1 each member of the consortium comprising the eligible entity shall sign a written agreement designating #a member of the consortium to serve as the fiscal agent of the eligible entity and act on behalf of the eligible entity in performing the financial duties of the eligible entity4 7#b7 ,subgrants ,the fiscal agent for an eligible entity 7as described in paragraph 7#a77 may award subgrants to another member of the consortium that comprises that eligible entity4 7e7 ,federal share 7#a7 ,planning grants ,the ,federal share of the total cost of carrying out a project funded by a planning grant authorized under subsection 7b7 shall be #ajj percent of such total cost4 7#b7 ,implementation grants 7,a7 ,in general ,the ,federal share of the total cost of carrying out a project funded by an implementation grant authorized under subsection 7c7 shall be not more than #he percent of such total cost4 7,b7 ,remaining cost ,an eligible entity that receives an implementation grant under subsection 7c7 shall provide1 from non-,federal sources1 an amount equal to not less than #ae percent of the total cost of carrying out the project funded by the grant4 ,such amount may be provided by in cash or in-kind4 #gie;,c4 ,applications 7a7 ,in general ,an eligible entity desiring a grant under this part shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require4 7b7 ,consortium entities ,an application under this section for a planning grant or an implementation grant by an eligible entity applying for a grant under this part as a consortium shall include the written agreement described in section #gie;,b7d74 7c7 ,planning grants ,the ,secretary shall ensure that the application requirements under this section for a planning grant authorized under section #gie;,b7b7 include1 in addition to the requirement under subsection 7b71 only the minimal requirements that are necessary to review the proposed process of an eligible entity for the planning and development of #a or more educational innovations that address the purpose of this part as described in section #gie4 7d7 ,implementation grants ,an application under this section for an implementation grant authorized under section #gie;,b7c7 shall include1 in addition to the requirement under subsection 7b71 a description of-- 7#a7 each educational innovation that the eligible entity will implement using the funds made available by such grant1 including a description of the evidence supporting the effectiveness of each such innovation2 7#b7 how each educational innovation proposed to be implemented under such grant will address the purpose of this part1 as described in section #gie1 and how each such innovation will further the institutional or organizational mission of the eligible entity and any institution or organization that is a member of a consortium comprising the eligible entity2 7#c7 the specific activities that the eligible entity will carry out with funds made available by such grant1 including1 for a consortium application a description of the activities that each member of the consortium will carry out and a description of the capacity of each member of the consortium to carry out such activities2 7#d7 the performance measures that the eligible entity will use to track the eligible entity's progress in implementing each proposed educational innovation1 including a description of how the entity will implement such performance measures and use information on performance to make adjustments and improvements to activities1 as needed1 over the course of the grant period2 7#e7 how the eligible entity will provide the amount required under section #gie;,b7e77#b77;,b72 7#f7 how the eligible entity will provide for an independent evaluation of the implementation and impact of the projects funded by such grant that includes-- 7,a7 an interim report evaluating the progress made in the first #c years of the grant2 and 7,b7 a final report to be completed at the end of the grant period2 and 7#g7 the plan of the eligible entity for continuing each proposed educational innovation after the grant period has ended4 #gie;,d4 ,priority ,in awarding grants under this part1 the ,secretary shall give priority-- 7#a7 first to applications from eligible entities that include institutions-- 7,a7 that serve a high percentage of students that are eligible to receive a ,federal ,pell ,grant2 and 7,b7 that have endowment funds the market value of which1 per full-time equivalent student1 is less than the average current market value of the endowment funds1 per full-time equivalent student at other applicant institutions2 7#b7 next1 to applications that seek to address issues of major national need1 including-- 7,a7 educational innovations designed to increase the rate of postsecondary degree attainment for populations within minority groups that have low relative rates of postsecondary degree attainment1 including ,african-,american males who attain a postsecondary degree2 7,b7 innovative partnerships between minority-serving institutions and local educational agencies that are designed to increase the enrollment and successful completion of postsecondary education for populations that have been historically underrepresented in higher education2 7,c7 educational innovations that bring together the resources of minority-serving institutions and partner institutions in support of economic development1 entrepreneurship1 and the commercialization of funded research and the development of an innovation ecosystem on postsecondary school campuses2 7,d7 educational innovations that support developing programs and initiatives to support undergraduate and graduate programs in science1 technology1 engineering1 and mathematics2 and 7,e7 educational innovations described in paragraphs 7#c7 and 7#f7 of section #gie;,e7b74 #gie;,e4 ,use of funds 7a7 ,planning grants ,an eligible entity receiving a planning grant authorized under section #gie;,b7b7 shall use funds made available by such grant to conduct a comprehensive institutional planning process that includes-- 7#a7 an assessment of the needs of the minority-serving institution and1 in the case of an eligible entity applying as a consortium1 the needs of each member of the consortium2 7#b7 research on educational innovations1 consistent with the purpose of this part as described in section #gie1 to meet the needs described in paragraph 7#a72 7#c7 the selection of #a or more educational innovations to be implemented2 7#d7 an assessment of the capacity of the minority-serving institution and1 in the case of an eligible entity applying as a consortium1 the capacity of each member of the consortium1 to implement each such educational innovation2 and 7#e7 activities to further develop such capacity4 7b7 ,implementation grants ,an eligible entity receiving an implementation grant under section #gie;,b7c7 shall use the funds made available by such grant to further develop1 pilot1 field-test1 implement1 document1 validate1 and1 as applicable1 scale up and replicate educational innovations that address the purpose of this part1 as described in section #gie1 such as educational innovations designed to-- 7#a7 improve student achievement1 such as through activities designed to increase the number or percentage of students who successfully complete developmental or remedial coursework 7which may be accomplished through the evidence-based redesign of such coursework7 and pursue and succeed in postsecondary studies2 7#b7 improve and expand institutional recruitment1 postsecondary school awareness1 and postsecondary school preparation efforts targeting students1 including high-achieving students1 from low-income families1 such as through activities undertaken in partnership with local educational agencies and nonprofit organizations 7including the introduction of dual enrollment programs and the implementation of activities designed to enable more students to enter postsecondary education without the need for remediation72 7#c7 increase the number or percentage of students1 particularly students who are members of historically underrepresented populations1 who enroll in science1 technology1 engineering1 and mathematics courses1 graduate with degrees in such fields1 and pursue advanced studies in such fields2 7#d7 increase 7such as through the provision of comprehensive academic and nonacademic student support services7 the number or percentage of students who make satisfactory or accelerated progress toward graduation from postsecondary school and the number or percentage of students who graduate from postsecondary school on time2 7#e7 implement evidence-based improvements to courses1 particularly high-enrollment courses1 to improve student outcomes and reduce education costs for students1 including costs of remedial courses2 7#f7 enhance the quality of teacher preparation programs at minority-serving institutions1 to enable teachers at such institutions to be highly effective in the classroom and to enable such programs to meet the demands for accountability in teacher education2 7#g7 expand the effective use of technology in higher education1 such as through inter-institutional collaboration on implementing competency-based technology-enabled delivery models 7including hybrid models7 or through the use of open educational resources and digital content2 and 7#h7 provide a continuum of solutions by incorporating activities that address multiple objectives described in paragraphs 7#a7 through 7#g74 #gie;,f4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary for fiscal years #bjae through #bjbj to carry out the activities under this part4 4 #gad4 ,state competitive grant program for reforms to improve higher education persistence and completion ,title ,,vii 7#bj ,u4,s4,c4 #aacc et seq471 as amended by sections #gaa1 #gab1 and #gac1 is further amended by adding at the end the following3 ,i ,state competitive grant program for reforms to improve higher education persistence and completion #gif4 ,purpose ,the purpose of this part is to provide incentives for ,states to implement comprehensive reforms and innovative strategies that are designed to lead to-- 7#a7 significant improvements in postsecondary outcomes for traditionally underrepresented students1 including improvements in postsecondary enrollment1 persistence1 and completion by #bjbj2 7#b7 reductions in the need for remedial education for postsecondary students2 7#c7 increased alignment between elementary and secondary education1 postsecondary education1 and workforce systems2 and 7#d7 innovation in postsecondary education4 #gif;,a4 ,definitions ,in this part3 7#a7 ,dual enrollment program ,the term dual enrollment program means a program of study provided by an institution of higher education through which a student who has not graduated from secondary school with a regular high school diploma is able to earn secondary school credit and transferable postsecondary credit that is accepted as credit toward a postsecondary degree or credential at no cost to the participant or the participant's family4 ,a dual enrollment program shall consist of not less than #b postsecondary credit-bearing courses and support and academic services that help a student persist and complete such courses4 7#b7 ,early college high school program ,the term early college high school program means a formal partnership between at least #a local educational agency and at least #a institution of higher education that allows students to simultaneously complete1 as part of an organized course of study1 requirements toward earning a regular high school diploma and earning not less than #ab transferable postsecondary credits that are accepted as credit toward a postsecondary degree or credential at no cost to the participant or the participant's family4 7#c7 ,low income student ,the term low income student means-- 7,a7 with respect to an elementary school or secondary school student1 a student who-- 7i7 is eligible for a free or reduced priced lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 7ii7 is eligible for or is a member of a family eligible for means tested benefits or public assistance at the ,federal1 ,state1 or local level2 or 7iii7 lives in a high-poverty area or attends a secondary school that serves students in a high-poverty area2 or 7,b7 with respect to a postsecondary student1 a student who-- 7i7 is eligible for a ,federal ,pell ,grant under section #dja2 or 7ii7 is eligible for means-tested benefits or public assistance at the ,federal1 ,state1 or local level4 7#d7 ,persist ,the term persist means to continue enrollment in postsecondary education4 7#e7 ,traditionally underrepresented student ,the term traditionally underrepresented student means a student who-- 7,a7 is a low-income student and-- 7i7 is a first generation college student1 as defined in section #djb;,a7h72 7ii7 has a dependent2 7iii7 is employed for not less than #be hours a week2 7iv7 has taken #b or more developmental education courses2 or 7v7 left high school without a regular high school diploma or its equivalent2 7,b7 is or has been a homeless child or youth1 as defined in section #gbe of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a72 7,c7 is a foster care youth2 7,d7 is an individual with a disability1 as defined in section #c of the ,americans with ,disabilities ,act 7#db ,u4,s4,c4 #abajb72 7,e7 is a child with a disability1 as defined in section #fjb of the ,individuals with ,disabilities ,education ,act2 or 7,f7 has been adjudicated in the juvenile or criminal justice system4 #gif;,b4 ,state grant program authorized 7a7 ,reservation of funds ,from amounts made available to carry out this part for a fiscal year1 the ,secretary may reserve not more than #b percent to carry out activities in accordance with this part related to technical assistance1 evaluation1 outreach1 and dissemination4 7b7 ,program authorized 7#a7 ,in general ,from amounts made available to carry out this part and not reserved under subsection 7a71 the ,secretary shall award planning or implementation grants under this part1 in such a manner as to achieve an equitable distribution of grant funds throughout the ,united ,states1 to ,states to enable the ,states to plan or implement comprehensive reforms and innovative strategies to improve postsecondary outcomes for all students1 especially low-income and traditionally underrepresented students4 7#b7 ,planning and implementation grants ,as described in paragraph 7#a71 the ,secretary shall award grants to ,states for the purpose described in section #gif by-- 7,a7 awarding planning grants1 on a competitive basis1 to ,states to enable such ,states to develop the comprehensive ,state plan described in section #gif;,d to increase postsecondary education enrollment1 persistence1 and attainment by #bjbj2 and 7,b7 awarding implementation grants1 on a competitive basis1 to ,states to enable such ,states to implement the comprehensive ,state plan described in section #gif;,d4 7#c7 ,limitations 7,a7 ,limit on number of grants ,a ,state may receive only #a planning grant1 and only #a implementation grant1 under this section4 7,b7 ,limit on number of planning grants ,the ,secretary may elect to limit the number and amount of planning grants awarded under this section during a grant period1 if the ,secretary determines it would best promote the purposes of this part4 7#d7 ,duration 7,a7 ,planning grant ,each planning grant awarded under this part shall be for a period of not more than #bd months4 7,b7 ,implementation grant ,each implementation grant awarded under this part shall be for a period of not more than #e years4 7,c7 ,requirements for additional funding ,before receiving funding for an implementation grant for the third or any subsequent year of the grant1 the ,state receiving the grant shall demonstrate to the ,secretary that the ,state is-- 7i7 making progress in implementing the ,state plan described under section #gif;,d at a rate that the ,secretary determines will result in full implementation of that plan during the remainder of the grant period2 and 7ii7 making progress1 as measured by the annual performance measures and targets described in section #gif;,d7b77#b71 at a rate that the ,secretary determines will result in reaching those targets and achieving the objectives of the grant1 during the remainder of the grant period4 #gif;,c4 ,application process 7a7 ,planning grants ,each ,state that desires to receive a planning grant under this part shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require4 ,at a minimum1 each such application shall include the following3 7#a7 ,documentation of the ,state's record1 including demonstrating a need for the grant funds to improve the ,state's record1 as applicable1 in the areas to be measured by the performance measures under section #gif;,d7b77#b74 7#b7 ,a coherent strategy for using funds under this part1 and other ,federal1 ,state1 and local funds1 to design a ,state plan as described in section #gif;,d4 7#c7 ,evidence that there will be collaboration among the ,state1 the ,state educational agency1 institutions of higher education located in the ,state1 postsecondary students1 workforce partners1 and other stakeholders1 in developing and implementing such plan1 including evidence of the ,state's commitment and capacity to implement such plan4 7#d7 ,an assurance of the ,state's commitment to developing the ,state plan4 7#e7 ,an assurance of the ,state's commitment to meeting1 before the end of the planning grant period1 any requirements that the ,secretary may establish4 7b7 ,implementation grants ,each ,state that desires to receive an implementation grant under this part shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require4 ,at a minimum1 each such application shall include the following3 7#a7 ,documentation of the ,state's record1 including demonstrating a need for the grant funds to improve the ,state's record1 as applicable1 in the areas to be measured by the performance measures under section #gif;,d7b77#b74 7#b7 ,a description of how the implementation grant funds will be used to implement the comprehensive ,state plan described in section #gif;,d1 which may be an existing 7as of the date of application7 ,state plan that meets the requirements of such section4 7#c7 ,evidence of conditions of innovation and reform that the ,state has established and the ,state's plan for implementing additional conditions for innovation and reform1 including-- 7,a7 a description of how the ,state has identified and eliminated ineffective practices in the past1 and a plan for doing so in the future2 7,b7 a description of how the ,state has identified and promoted effective practices in the past1 and a plan for doing so in the future2 and 7,c7 steps the ,state has taken and will take to eliminate statutory1 regulatory1 procedural1 or other barriers to facilitate the full implementation of the ,state's proposed plan under section #gif;,d4 7#d7 ,the ,state's annual performance measures and targets1 established in accordance with the requirements of section #gif;,d7b77#b74 7#e7 ,a signed assurance from every public institution of higher education in the ,state that the institution will carry out any activities that the ,state determines may be necessary to carry out the ,state plan under section #gif;,d4 7#f7 ,an assurance from the ,state that the ,state will provide equitable resources and technical assistance to all public institutions of higher education in the ,state to implement the reforms described in this section4 7c7 ,criteria for evaluating applications 7#a7 ,in general ,the ,secretary shall award grants under this part on a competitive basis to a geographically diverse group of ,states1 based on the quality of the applications submitted by the ,states4 7#b7 ,publication of explanation ,the ,secretary shall publish an explanation of how the application review process will ensure an equitable1 transparent1 and objective evaluation of applicants4 7d7 ,priority ,in awarding grants under this part1 the ,secretary shall give priority to a ,state if-- 7#a7 the ,state has a significant percentage of low-income students or traditionally underrepresented students residing within the ,state2 7#b7 the ,state has a strong record of investment in postsecondary education2 or 7#c7 the ,state distributes ,state postsecondary education aid on the basis of need4 #gif;,d4 ,comprehensive ,state plan 7a7 ,establishment of plan ,each ,state receiving a planning or implementation grant under this part shall establish or implement1 respectively1 a comprehensive ,state plan described in subsection 7b7 to increase student access1 persistence1 and completion in postsecondary education at-- 7#a7 public institutions of higher education throughout the ,state2 and 7#b7 private nonprofit institutions of higher education 7as defined in section #aja7 that agree to participate in and implement the ,state plan4 7b7 ,comprehensive ,state plan ,the comprehensive ,state plan described in subsection 7a7 shall contain the following3 7#a7 ,a commitment to implement statewide reforms in the following areas3 7,a7 ,removing barriers to innovation in postsecondary education by-- 7i7 shortening the length of time to a postsecondary degree2 7ii7 promoting efficiencies on campuses that lead to lower net tuition prices for students2 7iii7 promoting the use of technology to increase personalized learning1 advising1 and support services for students2 and 7iv7 developing innovative education delivery models1 such as using technology to enhance online and classroom learning1 in order to increase participation and retention of students1 particularly low-income students and students who are in the first generation in their family to attend an institution of higher education4 7,b7 ,improving the transition between elementary and secondary education and postsecondary education and the workforce by-- 7i7 reforming the process for identifying students for developmental education1 offering developmental education examinations while students are in secondary school to identify knowledge and skills gaps1 and reducing the need for developmental education by ensuring that developmental education courses are reserved for students who are substantially underprepared and placing better-prepared students in traditional courses2 7ii7 redesigning and standardizing developmental education requirements and assessments among institutions of higher education2 7iii7 reforming the content1 timing1 and delivery of developmental education to help academically underprepared students complete college through comprehensive approaches2 7iv7 using technology1 academic1 and student supports that engage students1 align developmental education to students' academic and career goals1 and accelerate the students' progression through remediation and credit-bearing coursework2 7v7 increasing access to dual enrollment and early college high schools for low-income students2 and 7vi7 establishing clear and transparent policies regarding how completion of dual enrollment and early college high school programs will result in the transfer of credits-- 7,i7 to public institutions of higher education in the ,state2 and 7,,ii7 to private nonprofit institutions of higher education that choose to participate in such credit transfer policies4 7,c7 ,increasing persistence in postsecondary education by carrying out all of the following3 7i7 ,developing early warning systems to identify students at risk of dropping out of postsecondary education4 7ii7 ,providing highly effective and comprehensive academic and student support services at institutions of higher education4 7iii7 ,requiring all public institutions of higher education in the ,state to establish credit transfer policies and articulation agreements1 that have been developed in consultation with educators in institutions of higher education1 with each other so that students can seamlessly transfer among all public institutions of higher education in the ,state4 ,such articulation agreements shall guarantee-- 7,i7 that students who earn postsecondary credit at a public institution of higher education will be able to transfer those credits to-- 7aa7 any public institution of higher education in the ,state1 and that such credits will count toward meeting specific degree or credential requirements2 and 7bb7 any private nonprofit institution of higher education that chooses to participate in an articulation agreement2 7,,ii7 that common course numbering is used to identify substantially similar courses2 7,,iii7 that credits are recognized throughout the system of higher education in the ,state and count as credits earned for a degree or credential program at a public institution of higher education in the ,state and at any private nonprofit institution of higher education that chooses to participate1 consistent with clause 7,i77bb72 and 7,,iv7 that if a student earns an associate's degree1 that associate's degree1 awarded by the participating institution of higher education in the ,state1 shall be fully acceptable in transfer and credited as the first #b years of a related baccalaureate program at a public institution of higher education in such ,state4 7iv7 ,including private nonprofit institutions of higher education that choose to participate in the credit transfer policies and articulation agreements described in clause 7iii74 7v7 ,providing students residing in the ,state with free degree audits4 7vi7 ,providing students with an assurance that if a student receives an associate's degree from a public institution of higher education in the ,state1 that associate's degree will translate into upper level status at a receiving public institution of higher education4 7,d7 ,increasing transparency of information to students and their families by-- 7i7 providing financial literacy information to students and families1 including information regarding the benefits of postsecondary education1 planning for postsecondary education1 postsecondary education opportunities1 and career planning2 7ii7 providing information on financing options for postsecondary education and activities that promote financial literacy and debt management among students and families1 including assistance in completion of the ,free ,application for ,federal ,student ,aid or other common financial reporting form under section #dhc7;a72 7iii7 reporting workforce outcomes for postsecondary graduates2 7iv7 developing multi-year tuition and fee schedules2 7v7 improving postsecondary data systems and linking those systems to existing ,state data systems for elementary and secondary education and the workforce2 and 7vi7 developing practices for the continuous assessment of student learning and for public reporting of non-personally identifiable student learning outcomes4 7,e7 ,increasing and improving the use of funding in higher education by-- 7i7 awarding ,state financial aid to students on the basis of need1 rather than merit2 7ii7 developing performance funding systems that measure and award funding to institutions of higher education based upon improvement in postsecondary education outcomes for students1 including successful transfer from a #b-year institution of higher education to a #d-year institution of higher education and degree attainment2 and 7iii7 rewarding institutions that distribute their institutional aid based on need4 7#b7 ,annual performance measures and targets for the programs and activities carried out under this part1 which shall include measures and targets for goals established by the ,secretary under section #gif;,g as well as measures and targets developed by the ,state and approved by the ,secretary4 ,the annual performance measures and targets shall1 at a minimum1 track the ,state's progress in-- 7,a7 implementing the plan described in this section2 7,b7 increasing the percentage of low income and traditionally underrepresented students who enroll in1 persist through1 and graduate from higher education1 as measured by-- 7i7 reducing the need for higher education remediation2 7ii7 increasing higher education enrollment rates2 7iii7 increasing persistence and completion rates in higher education2 7iv7 increasing the rate at which students complete a program at an institution of higher education2 7v7 increasing enrollment in dual enrollment programs and early college high school programs2 7vi7 increasing the percentage of students who successfully complete and earn a minimum of #ab credits for rigorous postsecondary education courses while attending a secondary school2 and 7vii7 increasing the percentage of students who earn postsecondary credit and successfully have such credit accepted by an institution of higher education toward a degree or credential2 and 7,c7 making progress on any other performance measure identified by the ,secretary4 7#c7 ,goals for increasing postsecondary credential attainment by #bjbj for traditionally underrepresented students4 7c7 ,review and approval ,each ,state plan developed under this section shall be reviewed and approved by the ,secretary4 #gif;,e4 ,use of funds 7a7 ,in general ,a ,state receiving an implementation grant under this part shall use the funds to carry out any purpose included in the ,state's comprehensive ,state plan described in section #gif;,d4 7b7 ,prohibitions ,federal funds made available under this part shall not be used-- 7#a7 to promote any lender's loans2 7#b7 to supplement or supplant ,federal1 ,state1 or institutional financial aid2 or 7#c7 compensate for a decrease in ,state appropriations for higher education4 7c7 ,sufficient progress ,if the ,secretary determines1 by the end of the third year of the grant1 that a ,state receiving an implementation grant under this part is not making substantial progress on meeting the requirements of the comprehensive ,state plan under section #gif;,d and meeting the performance measures and targets described in section #gif;,d7b77#b71 the ,secretary-- 7#a7 shall cancel the grant2 and 7#b7 may use any funds returned or made available due to a cancellation under paragraph 7#a7 to-- 7,a7 increase other grant awards under this part2 or 7,b7 award new grants to other eligible entities under this part4 #gif;,f4 ,matching and other financial requirements 7a7 ,matching requirements 7#a7 ,in general ,a ,state receiving a grant under this part shall provide matching funds toward the costs of the grant in the amount applicable under paragraph 7#b74 7#b7 ,amount of matching funds ,the matching funds required under this paragraph shall be an amount equal to-- 7,a7 in the case of a planning grant1 #bj percent of the amount of the grant for each year of the grant2 and 7,b7 in the case of an implementation grant-- 7i7 #bj percent of such costs for the first year of the grant2 7ii7 #cj percent of such costs for the second year of the grant2 7iii7 #dj percent of such costs for the third year of the grant2 7iv7 #ej percent of such costs for the fourth year the grant2 and 7v7 #fj percent of such for the fifth year of the grant4 7#c7 ,in cash or in-kind ,matching funds provided under this subsection shall be from non-,federal sources and may be provided in cash or in-kind4 7b7 ,supplement not supplant ,federal funding provided under this part shall be used to supplement and not supplant other ,federal1 ,state1 or institutional resources that would otherwise be expended to carry out the activities described in this part4 7c7 ,maintenance of effort 7#a7 ,in general ,with respect to each fiscal year for which a ,state receives a grant under this part1 the ,state will maintain ,state support for public institutions of higher education 7excluding support for capital projects1 for research and development1 and for tuition and fees paid by students7 at least at the level of such support for the previous fiscal year4 7#b7 ,financial hardship waiver ,a ,state may apply to the ,secretary for a waiver of1 and the ,secretary may waive1 the requirements of paragraph 7#a7 if the ,state is experiencing a financial hardship due to a natural disaster1 unforeseen decline in the financial resources of the ,state1 or other exceptional or uncontrollable circumstances4 #gif;,g4 ,performance measures ,the ,secretary shall establish performance measures for the programs and activities carried out under grants awarded under this part prior to awarding grants under this part4 ,the ,secretary shall ensure that such measures are made available to potential applicants prior to seeking applications for grants under this section4 #gif;,h4 ,reports2 evaluations 7a7 ,reports 7#a7 ,implementation grants ,a ,state that receives an implementation grant under this part shall submit to the ,secretary1 at such time and in such manner as the ,secretary may require1 an annual report including1 at a minimum-- 7,a7 data on the ,state's progress in achieving the targets for the annual performance measures established under section #gif;,g2 and 7,b7 a description of the challenges the ,state has faced in carrying out the implementation grant under this part1 and how the ,state has addressed1 or plans to address1 such challenges4 7#b7 ,planning grants ,a ,state that receives a planning grant under this part shall submit to the ,secretary1 at such time and in such manner as the ,secretary may require1 a report that includes a copy of the ,state plan developed under the grant4 7b7 ,evaluation ,the ,secretary shall-- 7#a7 acting through the ,director of the ,institute of ,education ,sciences1 evaluate the implementation and impact of activities supported under this part2 and 7#b7 disseminate research on best practices4 #gif;,i4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year #bjae and each of the following #d fiscal years4 4 ,,viii ,additional programs #hja4 ,reorganization ,title ,,viii 7#bj ,u4,s4,c4 #aafa et seq47 is amended-- 7#a7 by striking parts ,e1 ,h1 ,i1 ,k1 ,m1 ,n1 ,o1 ,r1 ,u1 ,v1 ,x1 and ,y2 7#b7 by redesignating parts ,f1 ,g1 ,j1 ,l1 ,p1 ,q1 ,s1 ,t1 ,w1 ,z1 and ,,aa as parts ,e1 ,f1 ,g1 ,h1 ,i1 ,j1 ,k1 ,l1 ,m1 ,n1 and ,o1 respectively2 and 7#c7 by redesignating sections #hea1 #hfa1 #hgb1 #hgc1 #hib1 #hie1 #hig1 and #hih as sections #hca1 #hcf1 #hda1 #hdf1 #hea1 #hef1 #hfa1 and #hfb1 respectively4 #hjb4 ,authorization of appropriations for ,project ,grad ,section #hja7;i7 7#bj ,u4,s4,c4 #aafa;a7i77 is amended by striking #bjji and inserting #bjae4 #hjc4 ,authorization of appropriations for the mathematics and science scholars program ,section #hjb7;f7 7#bj ,u4,s4,c4 #aafa;b7f77 is amended by striking #bjji and inserting #bjae4 #hjd4 ,community college and industry partnerships program ,part ,c of title ,,viii 7#bj ,u4,s4,c4 #aafa;c et seq47 is amended to read as follows3 ,c ,community ,college and ,industry ,partnerships ,program #hjc4 ,definitions ,in this part3 7#a7 ,community college ,the term community college means a public institution of higher education as defined in section #ajb of the ,higher ,education ,act1 where the highest degree offered is predominantly the associate's degree4 7#b7 ,local board ,the term local board has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act4 7#c7 ,nontraditional student ,the term nontraditional student means a student who is a low-income student and-- 7,a7 who is an independent student1 as defined in section #dhj7;d71 or is an individual with a disability as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb72 7,b7 who attends an institution of higher education-- 7i7 on less than a full-time basis2 7ii7 via evening1 weekend1 modular1 or compressed courses2 or 7iii7 via distance education methods2 and 7,c7 who-- 7i7 enrolled for the first time in an institution of higher education #c or more years after completing secondary school2 or 7ii7 is employed for not less than #be hours per week4 7#d7 ,recognized postsecondary credential ,the term recognized postsecondary credential means a credential consisting of-- 7,a7 an industry-recognized certificate or certification2 7,b7 a certificate of completion of an apprenticeship registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 referred to as a registered apprenticeship for the purpose of this part2 7,c7 a license recognized by the ,state involved or the ,federal ,government2 or 7,d7 an associate's or baccalaureate degree4 7#e7 ,secretaries ,the term ,secretaries means the ,secretary of ,education and the ,secretary of ,labor4 7#f7 ,state board ,the term ,state board has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act4 #hjc;,a4 ,community college and industry partnerships program 7a7 ,grants authorized ,from funds appropriated under section #hjc;,c1 the ,secretaries1 in accordance with the interagency agreement described in section #hjc;,b1 shall award competitive grants to eligible entities described in subsection 7b7 for the purpose of developing1 offering1 improving1 or providing educational or career training programs4 7b7 ,eligible entity 7#a7 ,partnerships with employers or an employer or industry partnership ,in order to be eligible for a grant under this section1 an entity shall-- 7,a7 be-- 7i7 a community college that will use funds provided under this section for activities at the certificate and associate's degree levels2 7ii7 a #d-year public institution of higher education that offers #b-year degrees1 and that will use funds provided under this section for activities at the certificate and associate's degree levels2 7iii7 a ,tribal ,college or ,university 7as defined in section #caf7;b772 7iv7 a public or private nonprofit #b-year institution of higher education 7as defined in section #ajb7 in the ,commonwealth of ,puerto ,rico1 ,guam1 the ,united ,states ,virgin ,islands1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 or any of the ,freely ,associated ,states2 or 7v7 a consortium of entities described in any of clauses 7i7 through 7iv72 and 7,b7 for purposes of the grant1 be in partnership with-- 7i7 an employer2 or 7ii7 an industry partnership representing multiple employers4 7#b7 ,additional partners 7,a7 ,authorization of additional partners ,in addition to partnering with an entity described in paragraph 7#a77;,b71 an entity described in paragraph 7#a77;,a7 may include in the partnership #a or more of the following entities3 7i7 ,an adult education provider or institution of higher education4 7ii7 ,a community-based organization with demonstrated expertise in serving non-traditional students or providing education and training to workers or disconnected youth4 7iii7 ,a joint labor-management partnership4 7iv7 ,a ,state board or local board4 7v7 ,any other organization that the ,secretaries consider appropriate4 7,b7 ,collaboration with ,state and local boards ,an eligible entity shall collaborate with the ,state board or local board1 as appropriate1 in the area served by the eligible entity4 7c7 ,application ,an eligible entity seeking a grant under this section shall submit an application to the ,secretaries at such time and containing such information as the ,secretaries determine is required1 including a detailed description of-- 7#a7 the specific educational or career training program that the eligible entity proposes and how the program meets the criteria established under subsection 7d71 including the manner in which the grant will be used to develop1 offer1 improve1 or provide the educational or career training program2 7#b7 the extent to which the program will meet the educational or career training needs of workers in the area served by the eligible entity2 7#c7 the extent to which the program will meet the skill needs of employers in the area for workers in in-demand industry sectors and occupations2 7#d7 the extent to which the proposed program fits within any overall strategic plan regarding education and training developed by the eligible entity2 7#e7 7,a7 any previous experience of the eligible entity in providing educational or career training programs1 including the use of research-based models to provide such programs2 or 7,b7 in the case of an eligible entity without previous experience1 a detailed description of how the entity will carry out the activities required under the grant1 including the research-based model the entity plans to use to provide such programs2 7#f7 the recognized postsecondary credentials that participants in the proposed educational or career training program will obtain1 and how the program meets quality criteria for programs leading to such credentials1 as established by the ,governor of a ,state in which at least #a of the entities described in subsection 7b77#a77;,a7 that comprise the eligible entity is located2 7#g7 how the eligible entity will sustain the educational or career training program after the end of grant period2 7#h7 how any educational or career training program developed under this grant will be coordinated with existing education and training programs1 as of the date of the application1 in the relevant ,state and region that are supported by ,federal1 ,state1 or other funds2 and 7#i7 how the eligible entity will measure the performance of1 and evaluate1 the educational or career training program to be supported by this grant1 including the performance outcomes to be used by the eligible entity and an assurance that such entity will provide the information requested by the ,secretaries for evaluations and reports under subsection 7f74 7d7 ,criteria for award 7#a7 ,in general ,grants under this section shall be awarded based on criteria established by the ,secretaries that include the following3 7,a7 ,a determination of the merits of the proposal1 in each application1 to develop1 offer1 improve1 or provide an educational or career training program4 ,in making such a determination1 the ,secretaries shall not automatically disqualify an eligible entity because of the absence of previous experience described in subsection 7c77#e77;,a74 7,b7 ,an assessment of the current and projected employment opportunities available 7as of the date of the application7 in the area to individuals who complete an educational or career training program that the eligible entity proposes to develop1 offer1 improve1 or provide4 7,c7 ,an assessment of prior demand for training programs by individuals eligible for training and served by the eligible entity1 as well as availability and capacity of existing 7as of the date of the assessment7 training programs to meet future demand for training programs4 7#b7 ,priority ,in awarding grants under this section1 the ,secretaries shall give priority to eligible entities that-- 7,a7 are in a partnership with an employer or an industry partnership that-- 7i7 agrees to pay a portion of the costs for participants of educational or career training programs supported under the grant2 or 7ii7 agrees to hire individuals who have attained a recognized postsecondary credential resulting from the educational or career training program supported under the grant2 7,b7 enter into a partnership with a labor organization1 labor-management training program1 or registered apprenticeship program1 to provide1 through the educational or career training program1 technical expertise for occupationally specific education necessary for a recognized postsecondary credential leading to a skilled occupation in an in-demand industry sector2 7,c7 demonstrate a partnership with a ,state board or local board1 as appropriate2 7,d7 are focused on serving individuals with barriers to employment1 youth who are out-of-school or not in the workforce1 low-income1 nontraditional students1 students who are dislocated workers1 students who are veterans1 or students who are long-term unemployed2 7,e7 include community colleges serving areas with high unemployment rates1 including rural areas and areas with high unemployment rates for youth2 7,f7 are eligible entities that include an institution of higher education eligible for assistance under title ,,iii or ,v2 or 7,g7 are in a partnership1 with an employer or industry partnership1 that increases domestic production of goods1 such as advanced manufacturing or production of clean energy technology4 7e7 ,use of funds ,grant funds awarded under this section shall be used for #a or more of the following3 7#a7 ,the development1 offering1 improvement1 or provision of educational or career training programs that-- 7,a7 provide relevant job training for occupations that will meet the needs of employers in in-demand industry sectors2 and 7,b7 may include registered apprenticeship programs1 on-the-job training programs1 and programs that support employers in upgrading the skills of their workforce4 7#b7 ,the development and implementation of policies and programs to expand opportunities for students to earn a recognized postsecondary credential1 including a degree1 in in-demand industry sectors or occupations1 including by-- 7,a7 facilitating the transfer of academic credits between institutions of higher education in the ,state1 including the transfer of academic credits for courses in the same field of study2 7,b7 expanding articulation agreements and policies that guarantee transfers between such institutions1 including through common course numbering and use of a general core curriculum2 and 7,c7 developing or enhancing student support services programs4 7#c7 ,the creation or enhancement of programs that provide a sequence or integration of education and occupational training that leads to a recognized postsecondary credential1 including a degree1 including programs that-- 7,a7 provide adult education and literacy activities concurrently and contextually with occupational training1 and support services for participants1 which may include such activities and services provided along a career pathway2 7,b7 facilitate means of transitioning participants from non-credit occupational1 adult education1 or developmental coursework to for-credit coursework within and across institutions2 7,c7 build or enhance linkages1 including the development of dual enrollment programs and early college high schools1 between secondary education or adult education programs 7including programs established under the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq47 and the ,adult ,education and ,family ,literacy ,act 7#bj ,u4,s4,c4 #ibja et seq4772 7,d7 are innovative programs designed to increase the provision of training for students1 including students who are members of the ,national ,guard or ,reserves1 to enter occupations in in-demand industry sectors2 or 7,e7 support paid internships that will allow students to simultaneously earn postsecondary credit and gain relevant employment experience in an in-demand industry sector or occupation through work-based learning1 which shall include opportunities that transition individuals into employment4 7#d7 ,the support of skills consortia in an in-demand industry sector that will identify pressing workforce needs and develop solutions such as-- 7,a7 standardizing industry certifications2 7,b7 developing new training technologies2 and 7,c7 collaborating with industry employers to define and describe how specific skills lead to particular jobs and career opportunities4 7f7 ,evaluations and reports 7#a7 ,annual reports to ,secretaries 7,a7 ,in ,general ,each eligible entity receiving a grant under this section shall submit to the ,secretaries an annual report regarding the activities carried out under the grant1 including the progress made by the educational or career training program with respect to the performance outcomes described in subsection 7c77#i7 and any other information the ,secretaries may require4 7,b7 ,disaggregation ,the data provided to the ,secretaries in accordance with this subsection shall be disaggregated by1 at a minimum1 race1 ethnicity1 and eligibility to receive a ,federal ,pell ,grant1 except that such disaggregation shall not be required when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant4 7#b7 ,evaluations ,the ,secretaries shall1 directly or by contract1 conduct an annual evaluation of the grant program carried out under this section1 which will include a determination of the progress made by each educational or career training program supported by the grant with respect to the performance outcomes described in subsection 7c77#i71 using the reports provided by the eligible entities under paragraph 7#a7 and any other information that the ,secretaries request from the eligible entities for purposes of the evaluation4 7#c7 ,reports to ,congress ,the ,secretaries shall jointly develop and submit a biennial report to the authorizing committees regarding the grants awarded under this section and the outcomes of such grants1 including the progress made by each educational or career training program supported under such grant with respect to the performance outcomes described in subsection 7c77#i7 and the results of the evaluations described in paragraph 7#b74 #hjc;,b4 ,interagency agreement 7a7 ,in general ,the ,secretary of ,labor and the ,secretary of ,education shall jointly develop policies for the administration of this part in accordance with such terms as the ,secretaries shall set forth in an interagency agreement4 ,such interagency agreement1 at a minimum1 shall include a description of the respective roles and responsibilities of the ,secretaries in carrying out this part 7both jointly and separately71 including-- 7#a7 how the funds available under this part will be obligated and disbursed and compliance with applicable laws 7including regulations7 will be ensured1 as well as how the recipients of the grants will be selected and monitored2 7#b7 how evaluations and research will be conducted on the effectiveness of grants awarded under this part in addressing the education and employment needs of workers1 and employers2 7#c7 how technical assistance will be provided to applicants and grant recipients2 7#d7 how information will be disseminated1 including through electronic means1 on best practices and effective strategies and service delivery models for activities carried out under this part2 and 7#e7 how policies and processes critical to the successful achievement of the education1 training1 and employment goals of this part will be established4 7b7 ,transfer authority ,the ,secretary of ,labor and the ,secretary of ,education shall have the authority to transfer funds between the ,department of ,labor and the ,department of ,education to carry out this part in accordance with the agreement described in subsection 7a74 #hjc;,c4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this part for fiscal year #bjae and each of the #d succeeding fiscal years4 4 #hje4 ,authorization of appropriations for capacity for nursing students and faculty ,section #hjd7;f7 7#bj ,u4,s4,c4 #aafa;d7f77 is amended by striking #bjji and inserting #bjae4 #hjf4 ,authorization of appropriations for ,teach for ,america ,section #hjf7;f7 7#bj ,u4,s4,c4 #aafa;f7f77 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,in ,general ,for the purpose of carrying out this section1 there are authorized to be appropriated such sums as may be necessary for fiscal year #bjae and each of the five succeeding fiscal years4 4 #hjg4 ,authorization of appropriations for the ,patsy ,t4 ,mink ,fellowship ,program ,section #hjg7;f7 7#bj ,u4,s4,c4 #aafa;g7f77 is amended by striking #bjji and inserting #bjae4 #hjh4 ,authorization of appropriations for improving science1 technology1 engineering1 and mathematics education with a focus on ,alaska ,native and ,native ,hawaiian ,students ,section #hai7;i7 7#bj ,u4,s4,c4 #aafa;j7i77 is amended by striking #bjji and inserting #bjae4 #hji4 ,authorization of appropriations for student safety and campus emergency management ,section #hba7;f7 7#bj ,u4,s4,c4 #aafal7f77 is amended by striking #bjji and inserting #bjae4 #haj4 ,authorization of appropriations for the education disaster and emergency relief program ,section #hbd7;i7 7#bj ,u4,s4,c4 #aafal-#c7;i77 is amended by striking #bjji and inserting #bjae4 #haa4 ,authorization of appropriations for the jobs to careers program ,section #hca7;j71 as redesignated by paragraph 7#c7 of section #hja 7#bj ,u4,s4,c4 #aafap7j771 is amended by striking #bjji and inserting #bjae4 #hab4 ,authorization of appropriations for rural development grants for rural-serving colleges and universities ,section #hfa7;g71 as redesignated by paragraph 7#c7 of section #hja 7#bj ,u4,s4,c4 #aafaq7g771 is amended by striking #bjji and inserting #bjae4 #hac4 ,authorization of appropriations for training for realtime writers ,section #hda7;e71 as redesignated by paragraph 7#c7 of section #hja 7#bj ,u4,s4,c4 #aafas7e771 is amended by striking #bjji and inserting #bjae4 #had4 ,authorization of appropriations for centers of excellence for veteran student success ,section #hdf7;f71 as redesignated by paragraph 7#c7 of section #hja 7#bj ,u4,s4,c4 #aafat7f771 is amended by striking #bjji and inserting #bjae4 #hae4 ,authorization of appropriations for path to success ,section #hea7;g71 as redesignated by paragraph 7#c7 of section #hja 7#bj ,u4,s4,c4 #aafaw7g771 is amended by striking #bjji and inserting #bjae4 #haf4 ,authorization of appropriations for the ,henry ,kuualoha ,giugni ,kupuna ,memorial ,archives ,section #hef7;c71 as redesignated by paragraph 7#c7 of section #hja 7#bj ,u4,s4,c4 #aafaz7c771 is amended by striking #bjji and inserting #bjae4 #hag4 ,appropriations for masters degree programs ,section #hfa as redesignated by paragraph 7#c7 of section #hja 7#bj ,u4,s4,c4 #aafa;aa71 is amended by striking #aa1ejj1jjj for fiscal year #bjji and inserting such sums as may be necessary for fiscal year #bjae4 #hah4 ,appropriations for postbaccalaureate programs ,section #hfb as redesignated by paragraph 7#c7 of section #hja 7#bj ,u4,s4,c4 #aafa;aa-#a71 is amended by striking #aa1ejj1jjj for fiscal year #bjji and inserting such sums as may be necessary for fiscal year #bjae4 #hai4 ,tyler ,clementi ,program ,title ,,viii 7#bj ,u4,s4,c4 #aafa et seq471 as amended by section #hja1 is further amended by adding at the end the following3 ,p ,tyler ,clementi ,program #hfd4 ,tyler ,clementi ,program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 an institution of higher education1 including an institution of higher education in a collaborative partnership with a nonprofit organization2 or 7,b7 a consortium of institutions of higher education located in the same ,state4 7#b7 ,harassment ,the term harassment has the meaning given the term in section #dhe7;f77#f77;,a74 7b7 ,program authorized ,the ,secretary is authorized to award grants1 on a competitive basis1 to eligible entities to enable eligible entities to carry out the authorized activities described in subsection 7d74 7c7 ,amount of grant awards ,the ,secretary shall ensure that each grant awarded under this section is of sufficient amount to enable the grantee to meet the purpose of this section4 7d7 ,authorized activities ,an eligible entity that receives a grant under this section shall use the funds made available through the grant to address #a or more of the types of harassment listed in section #dhe7;f77#f77;,a77vi7 by initiating1 expanding1 or improving programs-- 7#a7 to prevent the harassment of students at institutions of higher education2 7#b7 at institutions of higher education that provide counseling or redress services to students who have suffered such harassment or students who have been accused of subjecting other students to such harassment2 or 7#c7 that educate or train students1 faculty1 or staff of institutions of higher education about ways to prevent harassment or ways to address such harassment if it occurs4 7e7 ,application ,to be eligible to receive a grant under this section1 an eligible entity shall submit an application to the ,secretary at such time1 in such manner1 and containing such information1 as the ,secretary may require4 7f7 ,duration2 renewal ,a grant under this section shall be awarded for a period of not more than #c years4 ,the ,secretary may renew a grant under this section for #a additional period of not more than #b years4 7g7 ,award considerations ,in awarding a grant under this section1 the ,secretary shall select eligible entities that demonstrate the greatest need for a grant and the greatest potential benefit from receipt of a grant4 7h7 ,report and evaluation 7#a7 ,evaluation and report to the ,secretary ,not later than #f months after the end of the eligible entity's grant period1 the eligible entity shall-- 7,a7 evaluate the effectiveness of the activities carried out with the use of funds awarded pursuant to this section in decreasing harassment and improving tolerance2 and 7,b7 prepare and submit to the ,secretary a report on the results of the evaluation conducted by the entity4 7#b7 ,evaluation and report to ,congress ,not later than #ab months after the date of receipt of the first report submitted pursuant to paragraph 7#a7 and annually thereafter1 the ,secretary shall provide to ,congress a report that includes the following3 7,a7 ,the number and types of eligible entities receiving assistance under this section4 7,b7 ,the anti-harassment programs being implemented with assistance under this section and the costs of such programs4 7,c7 ,any other information determined by the ,secretary to be useful in evaluating the overall effectiveness of the program established under this section in decreasing incidents of harassment at institutions of higher education4 7#c7 ,best practices report ,the ,secretary shall use the information provided under paragraph 7#a7 to publish a report of best practices for combating harassment at institutions of higher education4 ,the report shall be made available to all institutions of higher education and other interested parties4 7i7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year #bjae and each of the #d succeeding fiscal years4 4 ,,ix ,higher education opportunities and supports for students with disabilities #ija4 ,higher education opportunities and supports for students with disabilities ,the ,act 7#bj ,u4,s4,c4 #ajja et seq47 is amended by adding at the end the following3 ,,ix ,higher education opportunities and supports for students with disabilities ,a ,national ,activities #ija4 ,national ,technical ,assistance ,centers for ,higher ,education ,access 7a7 ,purpose ,it is the purpose of this section to provide technical assistance and information-- 7#a7 about the rights and responsibilities of postsecondary students with disabilities under the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 and the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq472 and 7#b7 to support the recruitment1 enrollment1 retention1 graduation1 and education of such students4 7b7 ,administration ,the activities under this section shall be jointly administered by the ,office of ,postsecondary ,education and the ,office of ,special ,education and ,rehabilitative ,services4 7c7 ,national ,technical ,assistance ,center for ,college ,students with ,disabilities and ,their ,families 7#a7 ,in general ,from amounts appropriated to carry out this section1 the ,secretary shall award a grant to1 or enter into a contract or cooperative agreement with1 an eligible entity to provide for the establishment and support of a ,national ,technical ,assistance ,center for ,college ,students ,with ,disabilities and ,their ,families 7hereafter referred to as the ,national ,center for ,students ,with ,disabilities74 ,the ,national ,center for ,students ,with ,disabilities shall carry out the duties set forth in paragraph 7#c74 7#b7 ,eligible entity ,in this subsection1 the term eligible entity means an institution of higher education1 a nonprofit organization1 or a partnership of #b or more such institutions or organizations1 with demonstrated expertise in-- 7,a7 the recruitment1 enrollment1 retention1 graduation1 and education of students with disabilities1 including students with autism spectrum disorder and other developmental disabilities1 in postsecondary education2 7,b7 the technical knowledge necessary for the dissemination of information in accessible formats2 and 7,c7 creating and disseminating convenient and credible online resources4 7#c7 ,duties ,the ,national ,center for ,students ,with ,disabilities shall provide information and technical assistance to postsecondary students with disabilities and the families of postsecondary students with disabilities to support students across the broad spectrum of disabilities1 including individuals with autism spectrum disorder and other developmental disabilities1 which may include providing-- 7,a7 information to assist individuals with disabilities who are prospective students of an institution of higher education in planning for postsecondary education while in secondary school1 and earlier2 7,b7 information and technical assistance-- 7i7 including self-advocacy skills1 to individualized education program teams 7as defined in section #fad7;d77#a7 of the ,individuals with ,disabilities ,education ,act7 for secondary school students with disabilities2 and 7ii7 to early outreach and student services programs to support students across a broad spectrum of disabilities with the successful transition to postsecondary education2 7,c7 information on evidence-based supports1 services1 and accommodations that are available in postsecondary settings1 including services such as vocational rehabilitation that are provided by other agencies1 and providing information about how to qualify for those services2 7,d7 information on student mentoring and networking opportunities for students with disabilities2 7,e7 information on effective recruitment and transition programs at postsecondary educational institutions2 and 7,f7 information on support 7including tuition1 as appropriate7 for advanced training in a science1 technology1 engineering1 or mathematics 7including computer science7 field1 medicine1 law1 or business4 7d7 ,national ,technical ,assistance ,center ,for ,disability ,support ,services at ,institutions of ,higher ,education 7#a7 ,in ,general ,from amounts appropriated to carry out this section1 the ,secretary shall award a grant to1 or enter into a contract or cooperative agreement with1 an eligible entity to provide for the establishment and support of a ,national ,technical ,assistance ,center for ,disability ,support ,services at ,institutions of ,higher ,education 7hereafter referred to as the ,national ,center for ,institutions of ,higher ,education74 ,the ,national ,center for ,institutions of ,higher ,education shall carry out the duties set forth in paragraph 7#c74 7#b7 ,eligible entity ,in this subsection1 the term eligible entity means an institution of higher education1 a nonprofit organization1 or a partnership of #b or more such institutions or organizations1 with demonstrated expertise in-- 7,a7 the recruitment1 enrollment1 retention1 graduation1 and education of students with disabilities in postsecondary education1 including students with autism spectrum disorder and other developmental disabilities2 7,b7 supporting faculty and understanding best practices in working with students with disabilities1 including students with autism spectrum disorder and other developmental disabilities2 7,c7 technical knowledge necessary for the dissemination of information in accessible formats2 and 7,d7 identifying instructional strategies that are effective for students with disabilities1 including students with autism spectrum disorder and other developmental disabilities4 7#c7 ,duties ,the ,national ,center for ,institutions of ,higher ,education shall provide information and technical assistance to faculty1 staff1 and administrators of institutions of higher education to improve the services provided to1 the accommodations for1 the retention rates of1 and the completion rates of1 students with disabilities1 including students with autism spectrum disorder and other developmental disabilities1 in higher education settings1 which may include-- 7,a7 collecting1 developing1 and disseminating quality indicators and best and promising practices and materials for accommodating and supporting students with disabilities2 7,b7 training and supporting students with disabilities to enhance and support their self-advocacy skills2 7,c7 promoting awareness of1 and the use of1 assistive technology and augmentative communication in postsecondary education settings2 7,d7 developing and providing training modules for higher education faculty and staff on exemplary practices for accommodating and supporting postsecondary students with disabilities across a range of academic fields1 which may include universal design for learning2 7,e7 developing technology-based tutorials for higher education faculty and staff1 including new faculty and graduate students1 on evidence-based best and promising practices related to support and retention of students with disabilities in postsecondary education2 7,f7 developing and providing training and technical assistance for faculty and staff of institutions of higher education on emerging evidence-based best practices for the selection1 production1 and timely delivery of high-quality accessible instructional materials to meet the needs of students with disabilities in postsecondary settings2 7,g7 developing and disseminating an evidence-based operational model for institutions of higher education to timely provide high-quality accessible instructional materials to students with disabilities2 and 7,h7 information on providing support 7including tuition1 as appropriate7 for advanced training in a science1 technology1 engineering1 or mathematics 7including computer science7 field1 medicine1 law1 or business4 #ijb4 ,national ,data ,center on ,higher ,education and ,disability 7a7 ,purpose ,it is the purpose of this section to collect1 maintain1 and disseminate data and information about the experiences and outcomes of postsecondary education students with disabilities4 7b7 ,national ,data ,center 7#a7 ,in general ,from amounts appropriated to carry out this section1 the ,secretary shall award a grant to1 or enter into a contract or cooperative agreement with1 an eligible entity to provide for the establishment and support of a ,national ,data ,center on ,higher ,education and ,disability 7in this part referred to as the ,national ,data ,center74 ,the ,national ,data ,center shall carry out the duties set forth in paragraph 7#d74 7#b7 ,administration ,the program under this section shall be jointly administered by the ,office of ,postsecondary ,education and the ,office of ,special ,education and ,rehabilitative ,services4 7#c7 ,eligible entity ,in this section1 the term eligible entity means an institution of higher education1 a nonprofit organization1 or a partnership of #b or more such institutions or organizations1 with demonstrated expertise in-- 7,a7 supporting students with disabilities in postsecondary education2 7,b7 technical knowledge necessary for the dissemination of information in accessible formats2 and 7,c7 working with diverse types of institutions of higher education1 including community colleges4 7#d7 ,duties ,the duties of the ,national ,data ,center shall include the following3 7,a7 ,information collection and dissemination 7i7 ,database ,the ,national ,data ,center shall be responsible for using the data submitted in accordance with section #ijc-- 7,i7 to build1 maintain1 and update a database of information about disability support services provided by institutions of higher education2 or 7,,ii7 to expand and update any existing database containing such information4 7ii7 ,contents of ,database ,the database described in clause 7i7 shall contain de-identified1 individual student-level data for every student who discloses the student's disability to1 and seeks disability accommodations from1 the institution of higher education that the student attends1 including-- 7,i7 the student's disability category described in section #ijc7;a72 7,,ii7 the supports and accommodations provided to the student2 7,,iii7 enrollment information1 including the student's program of study1 progress toward completion of a certificate or degree1 and program completion status2 and 7,,iv7 information about the student's employment or further education for the #e years following completion of the student's program of study4 7iii7 ,information for each institution of higher education ,in addition to the data described in clause 7ii71 such database shall include1 for each institution of higher education required to submit information in accordance with section #ijc-- 7,i7 the institution's-- 7aa7 disability documentation requirements2 7bb7 support services that are available for students with disabilities2 7cc7 policies on accommodations for students with disabilities2 and 7dd7 accessible instructional materials2 7,,ii7 regularly updated reports regarding the students with disabilities who sought disability accommodations through the institution's disability support services office1 including information about the services received by such students2 7,,iii7 other information relevant to students with disabilities1 as determined by the ,secretary2 and 7,,iv7 the information described in subparagraphs 7,a7 through 7,d7 of paragraph 7#e74 7iv7 ,website ,the ,national ,data ,center shall make available to the general public1 through a website that is built to high technical standards of accessibility practicable for the broad spectrum of individuals with disabilities-- 7,i7 the data described in clause 7ii71 aggregated at the institution level2 7,,ii7 the information described in clause 7iii72 and 7,,iii7 links to information about student financial aid1 including ,federal and institutional student aid4 7,b7 ,disability support services ,the ,national ,data ,center shall work with organizations and individuals that have proven expertise related to disability support services for postsecondary students with disabilities to evaluate1 improve1 and disseminate information related to the delivery of high-quality disability support services at institutions of higher education4 7#e7 ,review and report ,not later than #c years after the establishment of the ,national ,data ,center1 and every #b years thereafter1 the ,national ,center shall prepare and disseminate a report to the ,secretary and the authorizing committees of ,congress analyzing the condition of postsecondary services and success for students with disabilities4 ,such report shall include-- 7,a7 a review of the activities and the effectiveness of the programs authorized under this part2 7,b7 annual enrollment1 retention1 and graduation rates of students with disabilities in institutions of higher education that receive funds under title ,,iv1 disaggregated by disability according to the categories established under section #ijc7;a7 7unless disaggregation results in possible identification of a student72 7,c7 recommendations for effective postsecondary supports and services for students with disabilities1 and how such supports and services may be widely implemented at institutions of higher education2 7,d7 recommendations on reducing barriers to full participation for students with disabilities in higher education2 and 7,e7 a description of disability support services and strategies with a demonstrated record of effectiveness in improving the success of such students in postsecondary education4 7#f7 ,staffing of the ,national ,data ,center ,in hiring employees of the ,national ,data ,center1 the ,national ,data ,center shall consider the expertise and experience of prospective employees in creating and maintaining high quality national databases focused on the experiences and outcomes of individuals with disabilities4 #ijc4 ,requirement for submitting data to the ,national ,data ,center 7a7 ,disability categories ,the ,national ,data ,center1 the ,national ,center for ,students ,with ,disabilities1 and the ,national ,center for ,institutions of ,higher ,education shall adopt the following categories to describe data collected1 analyzed1 and disseminated about students with disabilities3 7#a7 ,attention ,deficit ,hyperactivity ,disorder 7,,adhd74 7#b7 ,autism1 including ,asperger ,syndrome4 7#c7 ,blind or visually impaired4 7#d7 ,brain ,injury1 including acquired brain injury and traumatic brain injury4 7#e7 ,deaf or hard of hearing4 7#f7 ,deaf-blind4 7#g7 ,intellectual disability4 7#h7 ,learning disability4 7#i7 ,long-term health condition4 7#aj7 ,physical or mobility disability4 7#aa7 ,psychiatric disability4 7#ab7 ,speech or language disability4 7#ac7 ,other disability4 7b7 ,data ,to be submitted ,each institution of higher education that receives funds under title ,,iv shall collect and submit the following data to the ,national ,data ,center3 7#a7 ,the institution's disability documentation requirements4 7#b7 ,the support services available at the institution4 7#c7 ,links to information about institutional financial aid4 7#d7 ,the institution's accommodations policies4 7#e7 ,the institution's accessible instructional materials4 7#f7 ,individual-level1 de-identified data describing services and accommodations provided to students with disabilities1 as well as the retention and graduation rates of students with disabilities who sought disability services and accommodations from the institution of higher education4 7#g7 ,the institution's annual budget devoted to providing disability supports1 services1 and accommodations4 7#h7 ,other information relevant to students with disabilities1 as required by the ,secretary4 7c7 ,disaggregation of data ,institutions of higher education submitting the data required under subsection 7b7 shall collect1 organize1 and submit such data in a way that supports disaggregation by the disability categories specified in subsection 7a74 7d7 ,public availability of data ,all data submitted to the ,national ,data ,center by institutions of higher education in accordance with subsection 7b7 shall be made available to the public not later than #a year after that data is submitted to the ,national ,data ,center4 ,b ,transition ,programs for ,postsecondary ,students with ,disabilities #a ,inclusive higher education for students with intellectual disabilities #iaa4 ,purpose2 definitions 7a7 ,purpose ,it is the purpose of this subpart to promote the successful transition of students with intellectual disabilities into higher education that leads to successful employment outcomes in the integrated1 competitive workforce4 7b7 ,definitions ,in this subpart3 7#a7 ,inclusive higher education program for students with intellectual disabilities ,the term inclusive higher education program for students with intellectual disabilities means a degree1 certificate1 or non-degree program that-- 7,a7 is offered by an institution of higher education2 7,b7 is designed to support students with intellectual disabilities who are seeking to continue academic1 career and technical1 or independent living instruction at an institution of higher education in order to prepare for competitive integrated employment2 7,c7 includes an advisement component and program of study2 7,d7 requires students with intellectual disabilities to participate in work-based training or internships with nondisabled individuals2 and 7,e7 requires students with intellectual disabilities to participate1 on not less than a half-time basis1 each academic term 7as determined by the institution71 with such participation focusing on academic components and occurring through one or more of the following activities3 7i7 ,regular enrollment in credit-bearing courses with nondisabled students offered by the institution4 7ii7 ,auditing or participating in courses with nondisabled students offered by the institution for which the student does not receive regular academic credit4 7iii7 ,enrollment in noncredit-bearing1 nondegree courses with nondisabled students4 7#b7 ,student with an intellectual disability ,the term student with an intellectual disability means a student-- 7,a7 with a cognitive impairment1 characterized by significant limitations in-- 7i7 intellectual and cognitive functioning2 and 7ii7 adaptive behavior as expressed in conceptual1 social1 and practical adaptive skills2 and 7,b7 who is currently1 or was formerly1 eligible for a free appropriate public education under the ,individuals with ,disabilities ,education ,act4 #iab4 ,inclusive higher education program for students with intellectual disabilities 7a7 ,grants authorized 7#a7 ,in general ,from amounts appropriated to carry out this section1 the ,secretary shall annually award grants1 on a competitive basis1 to institutions of higher education 7or consortia of institutions of higher education71 to enable the institutions or consortia to create or expand high quality1 inclusive higher education programs for students with intellectual disabilities4 ,the ,secretary shall award grants under this section in a manner that ensures that new #e-year grants are awarded each fiscal year4 7#b7 ,administration ,the program under this section shall be administered by the ,office of ,postsecondary ,education1 in collaboration with the ,office of ,special ,education and ,rehabilitative ,services4 7#c7 ,duration of grants ,a grant under this section shall be awarded for a period of #e years4 ,an institution of higher education 7or a consortium7 is only eligible for one #e-year grant under this section4 ,a recipient institution or consortium shall sustain the program carried out under this section after the expiration of the grant period using funding from another source4 7b7 ,application ,an institution of higher education 7or a consortium7 desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,award basis ,in awarding grants under this section1 the ,secretary shall-- 7#a7 prohibit grantees from the #bjaj-bjad grant cycle under this section from competing for the #bjad-bjah grant cycle1 in order to generate a larger number of self-sustaining inclusive higher education programs for students with intellectual disabilities across the ,united ,states2 7#b7 provide for an equitable geographic distribution of such grants2 7#c7 to the greatest extent possible1 provide for an equitable distribution of such grants between #d-year institutions of higher education and #b-year institutions of higher education1 including community colleges2 7#d7 provide grant funds for inclusive higher education programs for students with intellectual disabilities that will serve areas that are underserved by programs of this type2 and 7#e7 give preference to applicants that agree to incorporate into the inclusive higher education programs for students with intellectual disabilities carried out under the grant1 #a or more of the following elements3 7,a7 ,the formation of a partnership with any relevant ,state or local agency serving students with intellectual disabilities1 such as a vocational rehabilitation agency4 7,b7 ,in the case of an institution of higher education that provides institutionally owned or operated housing for students attending the institution1 the integration of students with intellectual disabilities into the housing offered to nondisabled students4 7,c7 ,the involvement of students attending the institution of higher education who are studying special education1 general education1 vocational rehabilitation1 assistive technology1 or related fields in the program4 7d7 ,use of funds ,an institution of higher education 7or a consortium7 receiving a grant under this section shall use the grant funds to establish an inclusive higher education program for students with intellectual disabilities that-- 7#a7 serves students with intellectual disabilities2 7#b7 provides individual supports and services for the academic and social inclusion of students with intellectual disabilities in academic courses1 extracurricular activities1 and other aspects of the institution of higher education's regular postsecondary program2 7#c7 with respect to the students with intellectual disabilities participating in the program1 provides a focus on-- 7,a7 academic enrichment2 7,b7 integrated socialization with nondisabled students2 7,c7 independent living skills1 including self-advocacy skills2 and 7,d7 integrated work experiences and career skills that lead to competitive integrated employment2 7#d7 provides integrated person-centered planning in the development of the course of study for each student with an intellectual disability participating in the program2 7#e7 participates with the inclusive higher education programs for students with intellectual disabilities coordinating center established under section #iac 7referred to in this part as the coordinating center7 in the evaluation of the program1 including by regularly submitting data on the experiences and outcomes of individual students participating in the program2 7#f7 partners with #a or more local educational agencies to support students with intellectual disabilities participating in the program who are still eligible for special education and related services under the ,individuals with ,disabilities ,education ,act1 including the use of funds available under part ,b of such ,act to support the participation of such students in the program2 7#g7 plans for the sustainability of the program after the end of the grant period2 7#h7 offers an existing meaningful credential to students with intellectual disabilities upon completion of the inclusive program1 or1 if such credentials are not available1 creates a meaningful credential that aligns with existing industry or discipline approved credentials to students with intellectual disabilities upon completion of the program2 and 7#i7 provides for the collection and transmission of data in accordance with subsection 7e74 7e7 ,data collection and transition 7#a7 ,in ,general ,an institution or consortium receiving a grant under this section shall collect1 and transmit to the coordinating center on an annual basis and for each student who is enrolled in the program1 student-level information related to the experiences and outcomes of students who participate in the inclusive higher education program for students with intellectual disabilities4 7#b7 ,longitudinal ,data ,each grantee shall collect longitudinal outcome data from former students who participated in the program and transmit such data to the coordinating center4 ,such longitudinal data shall be collected for every student each year for #e years after the student graduates from1 or otherwise exits1 the program4 7#c7 ,data to be collected ,the program-level information and data and student-level information and data to be collected under this subsection shall include-- 7,a7 the number and type of postsecondary education courses taken and completed by the student2 7,b7 academic outcomes2 7,c7 competitive1 integrated employment outcomes2 7,d7 independent living outcomes2 and 7,e7 social outcomes4 7f7 ,matching requirement ,an institution of higher education 7or consortium7 that receives a grant under this section shall provide matching funds toward the costs of the inclusive higher education program for students with intellectual disabilities carried out under the grant4 ,such matching funds may be provided in cash or in-kind1 and shall be in an amount of not less than #be percent of the amount of such costs4 7g7 ,report ,not later than #e years after the date of the first grant awarded under this section1 the ,secretary shall prepare and disseminate a report to the authorizing committees and to the public that-- 7#a7 reviews the activities of the inclusive higher education programs for students with intellectual disabilities funded under this section2 and 7#b7 provides guidance and recommendations on how effective programs can be replicated4 7h7 ,rule of construction ,nothing in this subpart shall be construed to reduce or expand-- 7#a7 the obligation of a ,state or local educational agency to provide a free appropriate public education1 as defined in section #fjb of the ,individuals with ,disabilities ,education ,act2 or 7#b7 eligibility requirements under any ,federal1 ,state1 or local disability law1 including the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq471 or the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejja et seq474 7i7 ,authorization of appropriations and reservation 7#a7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year #bjae and each of the #e succeeding fiscal years4 7#b7 ,reservation of funds ,for any fiscal year for which appropriations are made for this subpart1 the ,secretary shall reserve funds to enter into a cooperative agreement to establish the coordinating center under section #iac7;b71 in an amount that is not less than #a1jjj1jjj4 ,not less than #dj percent of this sum shall be used for the administration of continued collection of data from inclusive higher education programs for students with intellectual disabilities grantees1 and the dissemination efforts of such grantees1 from earlier grant cycles4 #iac4 ,coordinating ,center for the ,inclusive ,higher ,education ,programs for ,students with ,intellectual ,disabilities 7a7 ,definition of eligible entity ,in this subsection1 the term eligible entity means an entity1 or a partnership of entities1 that has demonstrated expertise in-- 7#a7 higher education2 7#b7 the education of students with intellectual disabilities2 7#c7 the development of inclusive higher education programs for students with intellectual disabilities2 and 7#d7 evaluation and technical assistance4 7b7 ,in general ,from amounts appropriated under section #iab7;i77#b71 the ,secretary shall enter into a cooperative agreement with an eligible entity 7determined on a competitive basis7 for the purpose of establishing a coordinating center for institutions of higher education that offer inclusive higher education programs for students with intellectual disabilities 7referred to in this section as inclusive higher education programs74 ,the coordinating center shall carry out the activities described in subsection 7e7 and shall provide-- 7#a7 recommendations related to the development of standards for inclusive higher education programs2 7#b7 technical assistance for such programs2 and 7#c7 evaluations for such programs1 including systematic collection of data on the experiences and outcomes of individuals with intellectual disabilities4 7c7 ,administration ,the program under this section shall be administered by the ,office of ,postsecondary ,education1 in collaboration with the ,office of ,special ,education and ,rehabilitative ,services4 7d7 ,duration ,the ,secretary shall enter into a cooperative agreement1 as described in subsection 7b7 for a period of #e years4 7e7 ,coordinating ,center ,activities ,the coordinating center established under subsection 7b7 shall carry out the following activities3 7#a7 ,evaluating participant progress by creating and maintaining a database of student-level information and data related to the experiences and outcomes of youth who participate in each inclusive higher education program that receives a grant under this subpart4 ,the program and student-level information and data that the coordinating center will collect and maintain in the database shall include the information described in section #iab7;e77#c74 7#b7 ,creating and maintaining a mechanism for continuing to collect outcome information from students who participated in inclusive higher education programs that were developed in previous grant award cycles4 7#c7 ,creating and maintaining a mechanism for collaborating with highly integrated1 inclusive higher education programs from earlier grant cycles1 with the purpose of disseminating and publicizing best practices for implementing such programs4 7#d7 ,serving as the technical assistance entity for all inclusive higher education programs for students with intellectual disabilities1 including by providing technical assistance regarding the development1 evaluation1 and continuous improvement of such programs4 7#e7 ,developing an evaluation protocol for inclusive higher education programs that includes qualitative and quantitative methodologies for measuring student outcomes and program strengths in the areas of-- 7,a7 inclusive academics2 7,b7 socialization2 7,c7 independent living2 and 7,d7 the achievement of competitive1 integrated employment4 7#f7 ,assisting recipients of a grant under this subpart in efforts to consider how to ensure their meaningful credentials align with existing approved credentials and to seek institution of higher education approval for any newly developed credentials4 7#g7 ,developing recommendations for the necessary components of such programs1 such as-- 7,a7 the development of academic1 vocational1 social1 and independent living skills2 7,b7 program administration and evaluation2 7,c7 student eligibility2 and 7,d7 issues regarding the equivalency of a student's participation in such programs to semester1 trimester1 quarter1 credit1 or clock hours at an institution of higher education1 as the case may be4 7#h7 ,analyzing possible funding streams for inclusive higher education programs and providing recommendations regarding those funding streams4 7#i7 ,developing model memoranda of agreement for use between or among institutions of higher education and ,state and local agencies providing funding for such programs4 7#aj7 ,developing mechanisms for regular communication1 outreach1 and dissemination of information about inclusive higher education programs receiving a grant under this subpart between or among such programs and to families and prospective students who may wish to participate in such programs4 7#aa7 ,hosting a meeting of all grant recipients not less often than once each year4 7#ab7 ,convening a workgroup to-- 7,a7 develop and recommend model criteria1 standards1 and components of such programs1 that are appropriate for the development of accreditation standards1 that shall include-- 7i7 an expert in higher education2 7ii7 an expert in special education2 7iii7 a disability organization that represents students with intellectual disabilities2 7iv7 a representative from the ,national ,advisory ,committee on ,institutional ,quality and ,integrity2 and 7v7 a representative of a regional or national accreditation agency or association2 and 7,b7 oversee the coordinating center staff in field testing such model criteria1 standards1 and components4 7f7 ,report ,not later than #b years after the date of enactment of the ,higher ,education ,affordability ,act1 the coordinating center shall report to the ,secretary1 the authorizing committees1 and the ,national ,advisory ,committee on ,institutional ,quality and ,integrity on the recommendations of the workgroup described in subsection 7e77#ab74 #b ,transition programs for students who are deaf-,blind #iba4 ,purpose2 definitions 7a7 ,purpose ,it is the purpose of this subpart to support model demonstration programs that promote the successful transition of students who are deaf-blind into higher education and employment outcomes in integrated1 competitive settings at the levels expected given their postsecondary education4 7b7 ,definitions ,in this subpart3 7#a7 ,comprehensive transition and postsecondary program for students who are deaf-blind ,the term comprehensive transition and postsecondary program for students who are deaf-blind means a degree1 certificate1 or nondegree program of postsecondary education that-- 7,a7 is offered by an institution of higher education2 7,b7 is designed to support students who are deaf-blind and who are seeking to continue academic1 career and technical1 and independent living instruction at an institution of higher education in order to prepare for competitive integrated employment2 7,c7 includes an advising and curriculum structure2 7,d7 requires students who are deaf-blind to participate in internships or work-based training in competitive1 integrated workplace settings with nondisabled individuals2 and 7,e7 requires students who are deaf-blind to participate in the program on not less than a half-time basis1 as determined by the institution1 with such participation focusing on academic components and occurring through #a or more of the following activities3 7i7 ,regular enrollment in credit-bearing courses with nondisabled students offered by the institution4 7ii7 ,auditing or participating in courses with nondisabled students offered by the institution for which the student does not receive regular academic credit4 7iii7 ,enrollment in noncredit-bearing1 nondegree courses with nondisabled students4 7#b7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja7;a74 7#c7 ,student who is deaf-blind ,the term student who is deaf-blind means a student-- 7,a7 7i7 who has a central visual acuity of #bj_/bjj or less in the better eye with corrective lenses1 or a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than #bj degrees1 or a progressive visual loss having a prognosis leading to one or both these conditions2 7ii7 who has a chronic hearing impairment so severe that most speech cannot be understood with optimum amplification1 or a progressive hearing loss having a prognosis leading to this condition2 and 7iii7 for whom the combination of impairments described in clauses 7i7 and 7ii7 cause extreme difficulty in attaining independence in daily life activities1 achieving psychosocial adjustment1 or obtaining a vocation2 or 7,b7 who despite the inability to be measured accurately for hearing and vision loss due to cognitive or behavioral constraints1 can be determined through functional and performance assessments to have severe hearing and visual disabilities that cause extreme difficulty in attaining independence in daily life activities1 achieving psychosocial adjustment1 or obtaining a vocation4 #ibb4 ,model comprehensive transition and postsecondary programs for students who are deaf-blind 7a7 ,grants authorized 7#a7 ,in general ,from amounts appropriated under section #iea and not reserved under section #ibc7;c71 the ,secretary shall annually award grants1 on a competitive basis1 to institutions of higher education1 or consortia of institutions of higher education1 to enable the institutions or consortia to create or expand high quality1 inclusive model comprehensive transition and postsecondary programs for students who are deaf-blind4 ,the ,secretary shall award grants under this section in a manner that ensures that new #e-year grants are awarded each fiscal year4 7#b7 ,administration ,the program under this section shall be administered by the ,office of ,postsecondary ,education1 in collaboration with the ,office of ,special ,education and ,rehabilitative ,services4 7#c7 ,duration of grants ,a grant under this section shall be awarded for a period of #e years4 ,an institution of higher education 7or a consortium of such institutions7 is eligible for only one #e-year grant under this program4 7b7 ,application ,an institution of higher education 7or a consortium of such institutions7 desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 ,such information shall include a demonstration of how the institution or consortium intends to sustain the program after the end of the grant period1 including an identification of other sources of funds for the program4 7c7 ,award basis ,in awarding grants under this section1 the ,secretary shall-- 7#a7 provide for an equitable geographic distribution of such grants2 7#b7 provide for an equitable distribution of such grants between #d-year degree-granting and #b-year degree-granting institutions of higher education2 7#c7 provide grant funds for model comprehensive transition and postsecondary programs for students who are deaf-blind that will serve areas that are underserved by programs of this type2 and 7#d7 give preference to applications that agree to incorporate1 into the model comprehensive transition and postsecondary program for students who are deaf-blind carried out under the grant1 #a or more of the following elements3 7,a7 ,the formation of a partnership with any relevant agency serving students who are deaf-blind1 such as a vocational rehabilitation agency4 7,b7 ,in the case of an institution of higher education that provides institutionally owned or operated housing for students attending the institution1 the integration of students who are deaf-blind into the housing offered to nondisabled students4 7,c7 ,the involvement of students attending the institution of higher education who are studying special education1 general education1 vocational rehabilitation1 assistive technology1 or related fields in the model program4 7d7 ,use of funds ,an institution of higher education 7or consortium of such institutions7 receiving a grant under this section shall use the grant funds to establish a model comprehensive transition and postsecondary program for students who are deaf-blind that-- 7#a7 provides individual supports and services for the academic and social inclusion of students who are deaf-blind in academic courses1 extracurricular activities1 and other aspects of the institution of higher education's regular postsecondary program2 7#b7 with respect to the students who are deaf-blind and who are participating in the model program1 provides a focus on-- 7,a7 academic enrichment2 7,b7 integrated socialization with nondisabled students2 7,c7 independent living skills1 including self-advocacy skills2 and 7,d7 integrated work experiences and career skills that lead to competitive integrated employment2 7#c7 provides integrated individual-centered planning in the development of the course of study for each student who is deaf-blind participating in the model program2 7#d7 participates with the coordinating center established under section #ibc in the evaluation of the model program1 including regular submission of data on the experiences and outcomes of individual students participating in the program2 7#e7 partners with #a or more local educational agencies to support students who are deaf-blind participating in the model program who are still eligible for special education and related services under the ,individuals with ,disabilities ,education ,act1 including the use of funds available under part ,b of such ,act to support the participation of such students in the model program2 7#f7 plans for the sustainability of the model program after the end of the grant period2 7#g7 creates and offers a meaningful credential for students who are deaf-blind upon the completion of the model program2 and 7#h7 provides for the collection and transmission of data in accordance with subsection 7e74 7e7 ,data collection 7#a7 ,in general ,an institution of higher education 7or consortium of such institutions7 receiving a grant under this section shall collect and transmit to the coordinating center established under section #ibc1 on an annual basis1 student information related to the experiences and outcomes of each student who participates in the comprehensive transition and postsecondary program for students who are deaf-blind4 7#b7 ,longitudinal data ,in addition to the requirements of paragraph 7#a71 each institution of higher education 7or consortium of such institutions7 shall implement a mechanism by which the institution or consortium will collect longitudinal outcomes data from former students who participate in the comprehensive transition and postsecondary program supported under this section1 and transmit that data to the coordinating center established under section #ibc4 ,such longitudinal data shall be collected for every student for the #e years after the student graduates from1 or otherwise exits1 the program4 7#c7 ,data to be collected ,the student information to be collected and transmitted under this subsection shall include-- 7,a7 the number and type of postsecondary education courses taken and completed by the student2 7,b7 academic outcomes2 7,c7 competitive1 integrated employment outcomes2 7,d7 independent living outcomes2 and 7,e7 social outcomes4 7f7 ,matching requirement ,an institution of higher education 7or consortium of such institutions7 that receives a grant under this section shall provide matching funds toward the cost of the model comprehensive transition and postsecondary program for students who are deaf-blind carried out under the grant4 ,such matching funds may be provided in cash or in-kind1 and shall be in an amount of not less than #be percent of the amount of such costs4 7g7 ,report ,not later than #e years after the date of the first grant awarded under this section1 the ,secretary shall prepare and disseminate a report to the authorizing committees and to the public that-- 7#a7 reviews the activities of the model comprehensive transition and postsecondary programs for students who are deaf-blind that receive funds under this section2 and 7#b7 provides guidance and recommendations on how effective model programs can be replicated4 7h7 ,rule of construction ,nothing in this section shall be construed to reduce or expand-- 7#a7 the obligation of a ,state or local educational agency to provide a free appropriate public education1 as defined in section #fjb of the ,individuals with ,disabilities ,education ,act2 or 7#b7 eligibility requirements under any ,federal1 ,state1 or local disability law1 including the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq471 or the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejja et seq474 #ibc4 ,coordinating center for the model comprehensive transition and postsecondary programs for students who are deaf-blind 7a7 ,definition of eligible entity ,in this section1 the term eligible entity means an entity1 or a partnership of entities1 that has demonstrated expertise in-- 7#a7 higher education2 7#b7 the education of students who are deaf-blind2 7#c7 the development of comprehensive transition and postsecondary programs for students who are deaf-blind2 and 7#d7 evaluation and technical assistance4 7b7 ,in general ,from amounts appropriated to carry out this section that are reserved under subsection 7c71 the ,secretary shall enter into a cooperative agreement1 on a competitive basis1 with an eligible entity for the purpose of establishing a coordinating center for institutions of higher education that offer inclusive comprehensive transition and postsecondary programs for students who are deaf-blind 7referred to in this section as a coordinating center74 ,the coordinating center shall carry out the activities described in subsection 7f7 and shall provide-- 7#a7 recommendations related to the development of standards for such programs2 7#b7 technical assistance for such programs2 and 7#c7 evaluations for such programs1 including systematic collection of data on the experiences and outcomes of individuals who are deaf-blind4 7c7 ,reservation of funds ,for any fiscal year for which appropriations are made for this subpart in an amount greater than #aj1jjj1jjj1 the ,secretary shall reserve #d percent of such funds to carry out this section4 ,for any fiscal year for which appropriations are made for this subpart in an amount that is equal to or less than #aj1jjj1jjj1 the ,secretary shall reserve not less than #djj1jjj to carry out this section4 ,not less than #dj percent of the amount reserved under this subsection shall be used for the administration of continued collection of data and dissemination of best practices1 as described in paragraphs 7#b7 and 7#c7 of subsection 7f74 7d7 ,administration ,the program under this section shall be administered by the ,office of ,postsecondary ,education1 in collaboration with the ,office of ,special ,education and ,rehabilitative ,services4 7e7 ,duration ,a cooperative agreement under this subsection shall be for a period of #e years4 7f7 ,requirements of cooperative agreement ,the coordinating center established under subsection 7b7 shall carry out the following activities3 7#a7 ,evaluating student progress by creating and maintaining a database of student-level information related to the experiences and outcomes of youth students who participate in each comprehensive transition and postsecondary program for students who are deaf-blind4 ,the student-level information and data that the coordinating center will collect and maintain in the database shall include the information described in section #ibb7;e77#c74 7#b7 ,creating and maintaining a mechanism for continuing to collect outcomes information from students participating in comprehensive programs that were developed in previous cycles of the program4 7#c7 ,creating and maintaining a mechanism for collaborating with highly integrated comprehensive programs with the purpose of disseminating and publicizing best practices for implementing comprehensive transition and postsecondary programs for students who are deaf-blind4 7#d7 ,serving as the technical assistance entity for all comprehensive transition and postsecondary programs for students who are deaf-blind1 including by providing technical assistance regarding the development1 evaluation1 and continuous improvement of such comprehensive programs4 7#e7 ,developing an evaluation protocol for such programs that includes qualitative and quantitative methodologies for measuring student outcomes and program strengths in the areas of-- 7,a7 academic enrichment2 7,b7 socialization2 7,c7 independent living1 and 7,d7 the attainment of competitive or supported employment by students who participate in the program4 7#f7 ,assisting recipients of grants under this subpart in efforts to award a meaningful credential to students who are deaf-blind upon the completion of a comprehensive program1 which credential shall take into consideration unique ,state factors4 7#g7 ,developing recommendations for the necessary components of such programs1 such as-- 7,a7 development of academic1 career and technical1 social1 and independent living skills2 7,b7 program administration and evaluation2 7,c7 student eligibility2 and 7,d7 issues regarding the equivalency of a student's participation in such programs to semester1 trimester1 quarter1 credit1 or clock hours at an institution of higher education1 as the case may be4 7#h7 ,analyzing possible funding streams for such programs and providing recommendations regarding the funding streams4 7#i7 ,developing model memoranda of agreement for use between or among institutions of higher education and ,state and local agencies providing funding for such programs4 7#aj7 ,developing mechanisms for regular communication1 outreach1 and dissemination of information about comprehensive transition and postsecondary programs for students who are deaf-blind that receive funds under section #ibb between or among such programs and to families and prospective students4 7#aa7 ,hosting a meeting of all recipients of grants under section #ibb not less often than once each year4 7#ab7 ,convening a workgroup to develop and recommend model criteria1 standards1 and components of such programs that are appropriate for the development of accreditation standards4 ,the workgroup shall include-- 7,a7 an expert in higher education2 7,b7 an expert in special education2 7,c7 a disability organization that represents students who are deaf-blind2 7,d7 a representative from the ,national ,advisory ,committee on ,institutional ,quality and ,integrity2 and 7,e7 a representative of a regional or national accreditation agency or association4 7g7 ,report ,not later than #b years after the date of enactment of the ,higher ,education ,affordability ,act1 the coordinating center shall report to the ,secretary1 the authorizing committees1 and the ,national ,advisory ,committee on ,institutional ,quality and ,integrity on the recommendations of the workgroup described in subsection 7f77#ab74 ,c ,providing accessible instructional materials to students with disabilities on college campuses #ica4 ,guidelines for accessible instructional materials 7a7 ,purpose ,the purpose of this section is to authorize the ,architectural and ,transportation ,barriers ,compliance ,board 7referred to in this section as the ,access ,board7 to establish guidelines for accessible instructional materials that will be used in postsecondary education settings4 7b7 ,in general ,not later than #ah months after the date of enactment of ,higher ,education ,affordability ,act1 the ,access ,board 7established pursuant to section #ejb of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gib77 shall establish guidelines for the accessibility of all instructional materials for students who are attending institutions of higher education that receive funds under title ,,iv1 including electronic instructional materials and related information technologies4 ,such guidelines shall-- 7#a7 include performance criteria to ensure that such materials and technologies are accessible to students with disabilities1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb72 and 7#b7 if applicable1 be consistent with the standards for technical and functional performance criteria issued pursuant to section #ejh7;a77#b77;,a77ii7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;d7a77#b77;,a77ii774 7c7 ,harmonization with national and international standards ,the ,access ,board shall1 to the extent practicable1 ensure that the guidelines established under subsection 7b7 are consistent with national and international accessibility standards for electronic instructional materials and related information technologies4 7d7 ,review and amendment ,not later than #c years after the effective date of the guidelines described in subsection 7b71 and every #c years thereafter1 the ,access ,board shall review and1 as appropriate1 amend such guidelines to reflect technological advances or changes in instructional materials and related information technologies4 7e7 ,safe ,harbor protections ,an institution of higher education that uses instructional materials that comply with the accessibility guidelines described in subsection 7b7 shall be deemed to be in compliance with the non-discrimination provisions in section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 and titles ,,ii and ,,iii of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaca et seq41 #db ,u4,s4,c4 #abaha et seq47 with respect to the use of such materials4 7f7 ,noncompliant instructional materials ,nothing in this section shall be construed to require an institution of higher education to use instructional materials that conform to the accessibility guidelines described in subsection 7b74 ,if an institution of higher education chooses not to provide materials that conform to the accessibility guidelines described in subsection 7b71 such institution of higher education shall provide an assurance to the ,secretary that the institution of higher education will provide instructional materials in a manner that is equally effective1 integrated1 and timely1 and provides for a substantially equivalent ease of use1 as compared to the manner in which such materials or technologies are provided to non-disabled students4 #icb4 ,demonstration program for improved postsecondary instructional materials in specialized formats 7a7 ,purpose ,it is the purpose of this section to support model demonstration programs for the purpose of-- 7#a7 encouraging the development of systems to improve the quality of postsecondary instructional materials in specialized formats2 7#b7 encouraging the timely delivery of such materials to postsecondary students with print disabilities2 and 7#c7 improving efficiency and reducing duplicative efforts across multiple institutions of higher education relating to the development and delivery of such materials4 7b7 ,definition of eligible partnership ,in this section1 the term eligible partnership means a partnership that-- 7#a7 shall include-- 7,a7 an institution of higher education with demonstrated expertise in meeting the needs of students with print disabilities1 including the retention of such students in1 and such students' completion of1 postsecondary education2 and 7,b7 a public or private entity1 other than an institution of higher education1 with-- 7i7 demonstrated expertise in developing accessible instructional materials in specialized formats for postsecondary students with print disabilities2 and 7ii7 the technical development expertise necessary for the efficient dissemination of such materials1 including procedures to protect against copyright infringement with respect to the creation1 use1 and distribution of instructional materials in specialized formats2 and 7#b7 may include representatives of the publishing industry4 7c7 ,program authorized ,from amounts appropriated to carry out this section1 the ,secretary shall award grants or contracts1 on a competitive basis1 to not less than #a eligible partnership to enable the eligible partnership to carry out the activities described in subsection 7f7 and1 as applicable1 subsection 7g74 7d7 ,application ,an eligible partnership that desires a grant or contract under this section shall submit an application at such time1 in such manner1 and in such format as the ,secretary may prescribe4 ,the application shall include information on how the eligible partnership will implement activities under subsection 7f7 and1 as applicable1 subsection 7g74 7e7 ,priority ,in awarding grants or contracts under this section1 the ,secretary shall give priority to any applications that include a plan for the development and implementation of the procedures and approaches described in paragraphs 7#b7 and 7#c7 of subsection 7g74 7f7 ,required activities ,an eligible partnership that receives a grant or contract under this section shall use the grant or contract funds to carry out the following3 7#a7 ,supporting the development and implementation of the following3 7,a7 ,processes and systems to help identify1 and verify the eligibility of1 postsecondary students with print disabilities in need of instructional materials in specialized formats4 7,b7 ,procedures and systems to facilitate and simplify the methods through which eligible students described in subparagraph 7,a7 may request accessible instructional materials in specialized formats1 which may include a single point-of-entry system4 7,c7 ,procedures and systems to coordinate among institutions of higher education1 publishers of instructional materials1 and entities that produce materials in specialized formats1 to efficiently facilitate-- 7i7 requests for such materials2 7ii7 the responses to such requests2 and 7iii7 the delivery of such materials4 7,d7 ,delivery systems that will ensure the timely provision of instructional materials in specialized formats to eligible students1 which may include electronic file distribution4 7,e7 ,systems to reduce duplicative conversions and improve sharing of the same instructional materials in specialized formats for multiple eligible students at multiple institutions of higher education4 7,f7 ,procedures to protect against copyright infringement with respect to the development1 use1 and distribution of instructional materials in specialized formats while maintaining accessibility for eligible students1 which may include digital technologies such as watermarking1 fingerprinting1 and other emerging approaches4 7,g7 ,awareness1 outreach1 and training activities for faculty1 staff1 and students related to the acquisition and dissemination of instructional materials in specialized formats and instructional materials utilizing universal design4 7#b7 ,providing recommendations on how effective procedures and systems described in paragraph 7#a7 may be disseminated and implemented on a national basis4 7g7 ,authorized approaches ,an eligible partnership that receives a grant or contract under this section may use the grant or contract funds to support the development and implementation of the following3 7#a7 ,approaches for the provision of instructional materials in specialized formats limited to instructional materials used in smaller categories of postsecondary courses1 such as introductory1 first-year courses1 and second-year courses4 7#b7 ,approaches supporting a unified search for instructional materials in specialized formats across multiple databases or lists of available materials4 7#c7 ,market-based approaches for making instructional materials in specialized formats directly available to eligible students at prices comparable to standard instructional materials4 7h7 ,report ,not later than #c years after the date that the first grant or contract is awarded under this section1 the ,secretary shall submit to the authorizing committees a report that includes-- 7#a7 the number of grants and contracts and the amount of funds distributed under this section2 7#b7 a summary of the purposes for which the grants and contracts were provided and an evaluation of the progress made under such grants and contracts2 7#c7 a summary of the activities implemented under subsection 7f7 and1 as applicable1 subsection 7g71 including data on the number of postsecondary students with print disabilities served and the number of instructional material requests executed and delivered in specialized formats2 and 7#d7 an evaluation of the effectiveness of programs funded under this section4 7i7 ,requirement for producers of instructional materials ,producers of instructional materials for the postsecondary education market that are involved in or affecting interstate commerce1 produce such materials for institutions of higher education that receive ,federal funds1 and incorporate synchronized audio and visual formats 7including ,d,v,ds1 ,c,ds1 video1 web video1 and similar formats7 shall provide closed captions or subtitles4 ,d ,commission on ,serving and ,supporting ,students with ,psychiatric ,disabilities in ,institutions of ,higher ,education #ida4 ,commission on ,serving and ,supporting ,students ,with ,psychiatric ,disabilities in ,institutions of ,higher ,education 7a7 ,establishment of ,advisory ,commission on ,serving and ,supporting ,students with ,psychiatric ,disabilities on ,college ,campuses 7#a7 ,in general ,the ,secretary shall establish a commission to be known as the ,advisory ,commission on ,serving and ,supporting ,students with ,psychiatric ,disabilities in ,institutions of ,higher ,education 7referred to in this section as the ,commission74 7#b7 ,membership 7,a7 ,total number of members ,the ,commission shall include not more than #ae members1 who shall be appointed by the ,secretary in accordance with subparagraphs 7,b7 and 7,c74 7,b7 ,members of the ,commission ,the ,commission members shall include #a representative from each of the following categories3 7i7 ,the ,office of ,postsecondary ,education of the ,department4 7ii7 ,the ,office of ,special ,education and ,rehabilitative ,services of the ,department4 7iii7 ,the ,office for ,civil ,rights of the ,department4 7iv7 ,the ,national ,council on ,disability4 7v7 ,the ,association on ,higher ,education and ,disability1 or a similar organization1 as determined by the ,secretary4 7vi7 ,the ,protection and ,advocacy for ,individuals with ,mental ,illness program of the ,national ,disability ,rights ,network1 or a similar program1 as determined by the ,secretary4 7vii7 ,a national organization representing postsecondary education students with psychiatric disabilities4 7,c7 ,additional members of the ,commission ,the ,commission members shall include #d representatives from each of the following categories3 7i7 ,staff from institutions of higher education with demonstrated experience in successfully supporting the retention and graduation of students with psychiatric disabilities4 ,with respect to the #d members appointed under this clause-- 7,i7 #a member shall be a staff member of a #b-year degree-granting institution and #a member shall be a staff member from a #d-year degree-granting institution2 and 7,,ii7 the #d members selected shall represent institutions of differing sizes4 7ii7 ,individuals with psychiatric disabilities1 including not less than #b currently enrolled postsecondary education students4 7,d7 ,timing ,the ,secretary shall establish the ,commission and appoint the members of the ,commission not later than #abj days after the date of enactment of the ,higher ,education ,affordability ,act4 7#c7 ,chairperson and vice chairperson ,the ,commission shall select a chairperson and vice chairperson from among the members of the ,commission4 7#d7 ,meetings 7,a7 ,in general ,the ,commission shall meet at the call of the ,chairperson4 7,b7 ,first meeting ,not later than #fj days after the appointment of the members of the ,commission under paragraph 7#b71 the ,commission shall hold the ,commission's first meeting4 7#e7 ,quorum ,a majority of the members of the ,commission shall constitute a quorum1 but a lesser number of members may hold hearings4 7b7 ,duties of the ,commission 7#a7 ,study 7,a7 ,in general ,the ,commission shall conduct a comprehensive study to-- 7i7 assess the barriers and systemic issues that may affect1 and support- and service-delivery solutions that may improve1 the rates of retention and graduation for postsecondary students with psychiatric disabilities2 and 7ii7 make recommendations related to the development of a comprehensive approach to improve the opportunities for postsecondary students with psychiatric disabilities to receive services and supports that optimize their rates of retention and graduation4 7,b7 ,existing information ,to the extent practicable1 in carrying out the study under this paragraph1 the ,commission shall identify and use existing research1 recommendations1 and information1 as of the time of the study4 7,c7 ,recommendations ,based on the findings of the study under subparagraph 7,a71 the ,commission shall develop recommendations-- 7i7 to inform ,federal regulations and legislation regarding the recruitment1 retention1 and support of students with psychiatric disabilities at institutions of higher education2 and 7ii7 to identify best practices for serving and supporting students with psychiatric disabilities in postsecondary settings1 and maintaining the privacy protections provided under the regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7,public ,law #ajd-aia2 #aaj ,stat4 #bjcc7 and section #ddd of the ,general ,education ,provisions ,act 7commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd74 7#b7 ,report ,not later than #a year after the first meeting of the ,commission1 the ,commission shall submit a report to the ,secretary and the authorizing committees describing the findings and recommendations of the study conducted under paragraph 7#a74 7#c7 ,dissemination of information ,in carrying out the study under paragraph 7#a71 the ,commission shall disseminate a final report through-- 7,a7 the ,national ,technical ,assistance ,centers established under sections #ija and #ijb2 and 7,b7 other means1 as determined by the ,commission4 7c7 ,termination of the ,commission ,the ,commission shall terminate on the date that is #ij days after the date on which the ,commission submits the report under subsection 7b77#b7 to the ,secretary and the authorizing committees4 ,e ,authorization of appropriations #iea4 ,authorization of appropriations ,there are authorized to carry out this title such sums as may be necessary for fiscal year #bjae and each of the #e succeeding fiscal years4 4 ,x ,amendments to other laws ,a ,truth in ,lending ,act #a ,definitions #ajaj4 ,definitions ,in this part-- 7#a7 the terms alternative repayment arrangement1 billing group1 postsecondary education loan1 and student loan servicer have the meanings given those terms in section #ahh of the ,truth in ,lending ,act1 as added by section #ajaf2 7#b7 the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7,b7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7,c7 the ,committee on ,financial ,services of the ,house of ,representatives2 and 7,d7 the ,committee on ,education and the ,workforce of the ,house of ,representatives2 7#c7 the term ,bureau means the ,bureau of ,consumer ,financial ,protection2 and 7#d7 the term private education loan has the meaning given that term in section #adj7;a7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afej7;a774 #b ,amendments to ,truth in ,lending ,act #ajaa4 ,exempted transactions ,section #ajd of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afjc7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking ,this title and inserting 7a7 ,in general4--,this title2 and 7#b7 by adding at the end the following3 7b7 ,rule of construction ,nothing in subsection 7a7 shall prevent or be construed to prevent the provisions of chapter #f from applying to any postsecondary education lender1 loan holder1 or student loan servicer 7as those terms are defined in section #ahh74 4 #ajab4 ,mandatory certification 7a7 ,amendments ,section #abh7;e7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afch7;e77 is amended-- 7#a7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,institutional certification required 7,a7 ,in ,general ,except as provided in subparagraph 7,b71 before a creditor may issue any funds with respect to an extension of credit described in this subsection1 the creditor shall obtain from the relevant institution of higher education at which such loan is to be used for a student1 such institution's certification of-- 7i7 the enrollment status of the student2 7ii7 the student's cost of attendance at the institution as determined by the institution under part ,f of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgkk et seq472 and 7iii7 the difference between-- 7,i7 such cost of attendance2 and 7,,ii7 the student's estimated financial assistance1 including financial assistance received under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 if the student pursued such assistance1 and other financial assistance known to the institution1 as applicable4 7,b7 ,limitation on ,extension of ,credit ,a creditor shall not issue funds with respect to an extension of credit described in this subsection in an amount that is greater than the amount described in subparagraph 7,a77iii74 7,c7 ,exception ,notwithstanding subparagraph 7,a71 a creditor may issue funds with respect to an extension of credit described in this subsection without obtaining from the relevant institution of higher education such institution's certification if such institution fails to provide within #ae business days of the creditor's request for such certification-- 7i7 the requested certification2 7ii7 a notification of a refusal to certify pursuant to section #dhg7;a77#bh77;,a77i77,,ii7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77#bh77;,a77i77,,ii772 or 7iii7 notification that the institution has received the request for certification and will need additional time to comply with the certification request4 7,d7 ,loans ,disbursed ,without ,certification ,if a creditor issues funds without obtaining a certification1 as described in subparagraph 7,c71 such creditor shall report the issuance of such funds in a manner determined by the ,director of the ,bureau4 2 7#b7 by redesignating paragraphs 7#i71 7#aj71 and 7#aa7 as paragraphs 7#aj71 7#aa71 and 7#ab71 respectively2 7#c7 by inserting after paragraph 7#h7 the following3 7#i7 ,provision of information 7,a7 ,provision of ,information to ,students 7i7 ,loan ,statement ,a creditor that issues any funds with respect to an extension of credit described in this subsection shall send loan statements1 where such loan is to be used for a student1 to borrowers of such funds not less than once every #c months during the time that such student is enrolled at an institution of higher education4 7ii7 ,contents of ,loan ,statement ,each statement described in clause 7i7 shall-- 7,i7 report the borrower's total remaining principal balance1 including accrued but unpaid interest and capitalized interest2 7,,ii7 report any increases in the principal balance since the last statement2 and 7,,iii7 list the current interest rate for each loan4 7,b7 ,notification of loans disbursed without certification ,on or before the date a creditor issues any funds with respect to an extension of credit described in this subsection1 the creditor shall notify the relevant institution of higher education1 in writing1 of the amount of the extension of credit and the student on whose behalf credit is extended4 ,the form of such written notification shall be subject to the regulations of the ,bureau of ,consumer ,financial ,protection4 7,c7 ,annual report 7i7 ,in general ,a creditor that offers to issue funds with respect to an extension of credit described in this subsection shall prepare and submit an annual report to the ,bureau of ,consumer ,financial ,protection containing the required information about private education loans described in clause 7ii74 7ii7 ,information to be included ,each annual report required under clause 7i7 shall include the following information3 7,i7 ,the number of borrowers who request a private education loan who have not exhausted the financial assistance available under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq474 7,,ii7 ,the number of borrowers who request a private education loan above the cost of attendance4 7,,iii7 ,the number of borrowers who request a private education loan who have not exhausted their financial assistance available under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 who then after the institutional certification process under section #dhg7;a77#bh77;,a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77#bh77;,a77 is complete1 reduce the amount of their private education loan4 7,,iv7 ,the number of borrowers who request a private education loan who have not exhausted their financial assistance available under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 who then after the institutional certification process under section #dhg7;a77#bh77;,a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77#bh77;,a77 is complete1 do not take out a private education loan4 7,v7 ,any other information the ,bureau of ,consumer ,financial ,protection1 in consultation with the ,secretary of ,education1 requires4 2 and 7#d7 by adding at the end the following3 7#ac7 ,private education loan information in the ,national ,student ,loan ,data ,system 7,a7 ,information from lender ,each private educational lender shall submit to the ,director of the ,bureau and the ,secretary of ,education for inclusion in the ,national ,student ,loan ,data ,system established under section #dhe;,b of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib;b7 such information as may be determined necessary by the ,director and the ,secretary under subparagraph 7,b74 7,b7 ,promulgation of regulation ,not later than #a year after the date of enactment of the ,higher ,education ,affordability ,act1 the ,director1 in coordination with the ,secretary of ,education1 shall promulgate a regulation regarding the private education loan information required to be submitted under subparagraph 7,a71 including what private education loan information shall be required to be submitted and the method and format for submission4 7#ad7 ,additional electronic disclosures 7,a7 ,availability of agreements 7i7 ,in general ,each private educational lender shall establish and maintain an ,internet site on which the private educational lender shall post the written agreement between the private educational lender and the borrower for each private education loan account4 ,each private educational lender shall also describe the number of private education loans1 along with the average loan amount at the time of disbursement1 associated with each private education loan of the borrower4 7ii7 ,protection of individual borrower information ,a private educational lender may not post individual borrower information on the ,internet site established and maintained under clause 7i74 7,b7 ,provision of agreements to bureau 7i7 ,in general ,each private educational lender shall provide to the ,bureau1 in electronic format1 the private education loan agreements that it publishes on the ,internet site of the private educational lender pursuant to subparagraph 7,a74 7ii7 ,record repository ,the ,bureau shall establish and maintain on the publicly available ,internet site of the ,bureau a central repository of the private education loan agreements received by the ,bureau pursuant to clause 7i71 which shall be easily accessible and retrievable by the public4 7iii7 ,protection of individual borrower information ,the ,bureau may not post individual borrower information on the ,internet site described in clause 7ii74 7,c7 ,exception ,this paragraph does not apply to individually negotiated changes to contractual terms1 including individually modified workouts or renegotiations of amounts owed by a borrower under a private educational loan4 7,d7 ,regulations ,the ,bureau may1 in consultation with the other ,federal banking agencies 7as that term is defined in section #fjc of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afha;a771 issue regulations to implement this paragraph1 including regulations-- 7i7 specifying the format in which a private educational lender shall publish private education loan agreements on the ,internet site of the private educational lender2 and 7ii7 establishing exceptions to subparagraphs 7,a7 and 7,b77i7 in any case in which the administrative burden outweighs the benefit of increased transparency1 including when a postsecondary education loan product has a de minimis number of consumer account holders4 7#ae7 ,predispute agreements and waivers 7,a7 ,in general ,a borrower may not waive any right or remedy relating to a private education loan that is available to the borrower against a private educational lender1 postsecondary education lender1 loan holder1 or student loan servicer 7as such terms are defined in section #ahh7 before the dispute as to which the right or remedy relates arises4 ,any such waiver agreed to before1 on1 or after the date of enactment of the ,higher ,education ,affordability ,act shall not be enforceable and shall have no force or effect4 7,b7 ,predispute arbitration agreements ,an agreement entered before1 on1 or after the date of enactment of the ,higher ,education ,affordability ,act to arbitrate a dispute relating to a private education loan that had not arisen at the time the agreement was entered shall not be enforceable and shall have no force or effect4 7#af7 ,discharge of private education loans in the event of death or disability of the borrower ,each private education loan shall include terms that provide that the liability to repay the loan shall be cancelled-- 7,a7 upon the death of the borrower2 7,b7 if the borrower becomes permanently and totally disabled1 as determined under paragraph 7#a7 or 7#c7 of section #dcg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg7;a77 and the regulations promulgated by the ,secretary of ,education under that section2 and 7,c7 if the ,secretary of ,veterans ,affairs or the ,secretary of ,defense determines that the borrower is unemployable due to a service-connected condition or disability1 in accordance with the requirements of section #dcg7;a77#b7 of that ,act and the regulations promulgated by the ,secretary of ,education under that section4 4 7b7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,bureau of ,consumer ,financial ,protection shall issue final regulations implementing paragraphs 7#c7 and 7#i7 of section #abh7;e7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afch7;e771 as amended by subsection 7a74 ,such regulations shall become effective not later than #f months after their date of issuance4 7c7 ,report on mandatory certification ,not later than #b years after the issuance of the regulations required under subsection 7b71 and at any other time determined appropriate by the ,director of the ,bureau of ,consumer ,financial ,protection and the ,secretary of ,education jointly1 the ,director and the ,secretary shall jointly submit to ,congress a report on the compliance of institutions of higher education and private educational lenders with section #abh7;e77#c7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afch7;e771 as amended by subsection 7a71 and section #dhg7;a77#bh7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77#bh771 as amended by section #dia7;b74 ,such report shall be based on the annual reports submitted under section #abh7;e77#i7 of the ,truth in ,lending ,act1 as amended by subsection 7a71 and shall include information about the degree to which specific institutions utilize certifications in effectively encouraging the exhaustion of ,federal student loan eligibility and lowering student private education loan debt4 #ajac4 ,civil liability ,section #acj of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afdj7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by inserting and any postsecondary education lender1 loan holder1 or student loan servicer 7as such terms are defined in section #ahh7 who fails to comply with any requirement imposed under chapter #f with respect to any person before is liable to such person2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking 2 or 7iv7 and inserting 1 or 7iv72 and 7,,ii7 by inserting 1 or 7v7 in the case of a postsecondary education lender1 loan holder1 or student loan servicer 7as such terms are defined in section #ahh7 who fails to comply with any requirement imposed under chapter #f1 not less than #djj or greater than #d1jjj before the semicolon2 and 7ii7 in subparagraph 7,b71 by inserting 1 postsecondary education lender1 loan holder1 or student loan servicer after creditor each place it appears2 and 7,c7 in the matter following paragraph 7#d7-- 7i7 in the first sentence-- 7,i7 by inserting 1 postsecondary education lender1 loan holder1 or student loan servicer after creditor each place it appears2 and 7,,ii7 by striking creditor's failure and inserting failure by the creditor1 postsecondary education lender1 loan holder1 or student loan servicer2 7ii7 in the fourth sentence1 by inserting other than the disclosures required under section #abh7;e77#ab71 after referred to in section #abh12 and 7iii7 in the fifth sentence1 by inserting 1 postsecondary education lender1 loan holder1 or student loan servicer after creditor2 7#b7 in subsection 7c71 by striking creditor or assignee each place it appears and inserting creditor1 assignee1 postsecondary education lender1 loan holder1 or student loan servicer2 7#c7 in subsection 7e71 as amended by sections #adaf7;b7 and #adbb of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7,public ,law #aaa-bjc7-- 7,a7 in the second sentence1 by inserting or chapter #f after section #abi1 #abi;,b1 or #abi;,c2 and 7,b7 in the fourth sentence1 by inserting or chapter #f after or #abi;,h2 and 7#d7 in subsection 7h7-- 7,a7 by striking creditor or assignee and inserting creditor1 assignee1 postsecondary education lender1 loan holder1 or student loan servicer2 and 7,b7 by striking creditor's or assignee's liability and inserting liability of the creditor1 assignee1 postsecondary education lender1 loan holder1 or student loan servicer4 #ajad4 ,definition of private education loan ,section #adj7;a77#g77;,a7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afej7;a77#g77;,a77 is amended-- 7#a7 in clause 7i71 by striking and after the semicolon2 7#b7 by redesignating clause 7ii7 as clause 7iii72 and 7#c7 by adding after clause 7i7 the following3 7ii7 is not made1 insured1 or guaranteed under title ,,vii or title ,,viii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bib et seq4 and #bif et seq472 and 4 #ajae4 ,revenue sharing and disclosure of affiliation ,chapter #b of title ,i of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afca et seq47 is amended by adding at the end the following3 #adj;,b4 ,preventing unfair and deceptive marketing of consumer financial products and services to students of institutions of higher education 7a7 ,definitions ,in this section3 7#a7 ,affiliate ,the term affiliate means any person that controls1 is controlled by1 or is under common control with another person4 7#b7 ,affiliated 7,a7 ,in general ,the term affiliated1 when used with respect to a consumer financial product or service and an institution of higher education1 means an association between such institution and product or service resulting from-- 7i7 the name1 emblem1 mascot1 or logo of the institution being used with respect to such product or service2 or 7ii7 some other word1 picture1 or symbol readily identified with the institution in the marketing of the consumer financial product or service in any way that implies that the institution endorses the consumer financial product or service4 7,b7 ,rule of construction ,nothing in subparagraph 7,a7 shall be construed to deem an association between an institution of higher education and a consumer financial product or service to be affiliated if such association is solely based on an advertisement by a financial institution that is delivered to a wide and general audience consisting of more than enrolled students at the institution of higher education4 7#c7 ,consumer financial product or service ,the term consumer financial product or service has the meaning given the term in section #ajjb of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #edha74 7#d7 ,financial institution ,the term financial institution means-- 7,a7 any person that engages in offering or providing a consumer financial product or service2 and 7,b7 any affiliate of such person described in subparagraph 7,a7 if such affiliate acts as a service provider to such person4 7#e7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7#f7 ,person ,the term person means an individual1 partnership1 company1 corporation1 association 7incorporated or unincorporated71 trust1 estate1 cooperative organization1 or other entity4 7#g7 ,revenue-sharing arrangement ,the term revenue-sharing arrangement-- 7,a7 means an arrangement between an institution of higher education and a financial institution under which-- 7i7 a financial institution provides or issues a consumer financial product or service to college students attending the institution of higher education2 7ii7 the institution of higher education recommends1 promotes1 sponsors1 or otherwise endorses the financial institution1 or the consumer financial products or services offered by the financial institution2 and 7iii7 the financial institution pays a fee or provides other material benefits1 including revenue or profit sharing1 to the institution of higher education1 or to an officer1 employee1 or agent of the institution of higher education1 in connection with the consumer financial products and services provided to college students attending the institution of higher education2 and 7,b7 does not include an arrangement solely based on a financial institution paying a fair market price to an institution of higher education for the institution of higher education to advertise or market the financial institution to the general public4 7#h7 ,service provider ,the term service provider-- 7,a7 means any person that provides a material service to another person in connection with the offering or provision by such other person of a consumer financial product or service1 including a person that-- 7i7 participates in designing1 operating1 or maintaining the consumer financial product or service2 or 7ii7 processes transactions relating to the consumer financial product or service 7other than unknowingly or incidentally transmitting or processing financial data in a manner that such data is undifferentiated from other types of data of the same form as the person transmits or processes72 and 7,b7 does not include a person solely by virtue of such person offering or providing to another person-- 7i7 a support service of a type provided to businesses generally or a similar ministerial service2 or 7ii7 time or space for an advertisement for a consumer financial product or service through print1 newspaper1 or electronic media4 7b7 ,disclosure of affiliation 7#a7 ,reports by financial institutions 7,a7 ,in general ,not later than #ahj days after the date of enactment of the ,higher ,education ,affordability ,act1 and annually thereafter1 each financial institution shall submit a report to the ,bureau containing the terms and conditions of all business1 marketing1 and promotional agreements that the financial institution has with any institution of higher education1 or an alumni organization or foundation that is an affiliate of or related to an institution of higher education1 relating to any consumer financial product or service offered to college students at institutions of higher education4 7,b7 ,details of report ,the information required to be reported under subparagraph 7,a7 includes-- 7i7 any memorandum of understanding between or among the financial institution and an institution of higher education1 alumni association1 or foundation that directly or indirectly relates to any aspect of an agreement referred to in subparagraph 7,a7 or controls or directs any obligations or distribution of benefits between or among the entities2 and 7ii7 the number and dollar amount outstanding of consumer financial products or services accounts covered by any such agreement that were originated during the period covered by the report1 and the total number and dollar amount of consumer financial products or services accounts covered by the agreement that were outstanding at the end of such period4 7,c7 ,aggregation by institution ,the information required to be reported under subparagraph 7,a7 shall be aggregated with respect to each institution of higher education or alumni organization or foundation that is an affiliate of or related to the institution of higher education4 7#b7 ,reports by ,bureau ,the ,bureau shall submit to ,congress1 and make available to the public1 an annual report that lists the information submitted to the ,bureau under paragraph 7#a74 7#c7 ,electronic disclosures 7,a7 ,posting agreements ,each financial institution shall establish and maintain an ,internet site on which the financial institution shall post the written agreement between the financial institution and the institution of higher education for each affiliated consumer financial product or service4 7,b7 ,financial institution to provide contracts to the bureau ,each financial institution shall provide to the ,bureau1 in electronic format1 the written agreements that it publishes on its ,internet site pursuant to this paragraph4 7,c7 ,record repository ,the ,bureau shall establish and maintain on its publicly available ,internet site a central repository of the agreements received from financial institutions pursuant to this paragraph1 and such agreements shall be easily accessible and retrievable by the public4 7,d7 ,exception ,this paragraph shall not apply to individually negotiated changes to contractual terms1 such as individually modified workouts or renegotiations of amounts owed by an institution of higher education4 7c7 ,prohibition of revenue-,sharing arrangement ,a financial institution that offers a consumer financial product or service that is affiliated with an institution of higher education may not enter into a revenue-sharing arrangement with the institution of higher education4 7d7 ,rule of construction ,nothing in this section shall be construed to prohibit a financial institution from establishing a consumer product or service affiliated with an institution of higher education if-- 7#a7 the consumer product or service will-- 7,a7 assist college students in reducing costs or fees associated with the use of consumer financial products or services2 7,b7 increase consumer choice2 and 7,c7 enhance consumer protections2 and 7#b7 the financial institution is in compliance with the requirements of this ,act4 4 #ajaf4 ,improved consumer protections for student loan servicing 7a7 ,in general ,the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afja et seq47 is amended by adding at the end the following new chapter3 #f ,postsecondary ,education ,loans ,sec4 #ahh4 ,definitions4 #ahi4 ,servicing of postsecondary education loans4 #aij4 ,payments and fees4 #aia4 ,authority of ,bureau4 #aib4 ,state laws unaffected2 inconsistent ,federal and ,state provisions4 #ahh4 ,definitions ,in this chapter3 7#a7 ,alternative repayment arrangement ,the term alternative repayment arrangement means an agreed upon arrangement between a loan holder 7or1 for a ,federal ,direct ,loan or a ,federal ,perkins ,loan1 the ,secretary of ,education or the institution of higher education that made such loan1 respectively7 or student loan servicer and a borrower-- 7,a7 that is different than the terms under an existing postsecondary education loan2 and 7,b7 pursuant to which remittance of a monthly payment-- 7i7 satisfies the terms of the postsecondary education loan2 or 7ii7 is not required for a period of #a or more months in order to satisfy the terms of the postsecondary education loan4 7#b7 ,billing group ,the term billing group means a postsecondary education loan account that-- 7,a7 is serviced by a student loan servicer2 and 7,b7 includes #b or more postsecondary education loans that are in repayment status4 7#c7 ,bureau ,the term ,bureau has the meaning given that term in section #ajc4 7#d7 ,effective date of transfer ,the term effective date of transfer means the date on which the first payment is due to a transferee servicer from a borrower under a postsecondary education loan4 7#e7 ,federal ,direct ,loan ,the term ,federal ,direct ,loan means a loan made under part ,d of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;a et seq474 7#f7 ,federal ,perkins ,loan ,the term ,federal ,perkins ,loan means a loan made under part ,e of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;aa et seq474 7#g7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7#h7 ,late fee ,the term late fee means a late fee1 penalty1 or adjustment to principal1 imposed because of a late payment or delinquency by the borrower under a postsecondary education loan4 7#i7 ,loan holder ,the term loan holder means a person who owns the title to or promissory note for a postsecondary education loan 7except for a ,federal ,direct ,loan or a ,federal ,perkins ,loan74 7#aj7 ,open end credit plan ,the term open end credit plan has the meaning given that term in section #ajc4 7#aa7 ,postsecondary education expense ,the term postsecondary education expense means any expense that is included as part of the cost of attendance 7as that term is defined in section #dgb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgll77 of a student4 7#ab7 ,postsecondary education lender ,the term postsecondary education lender-- 7,a7 means-- 7i7 a financial institution1 as defined in section #c of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac7 that solicits1 makes1 or extends postsecondary education loans2 7ii7 a ,federal credit union1 as defined in section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb7 that solicits1 makes1 or extends postsecondary education loans2 and 7iii7 any other person engaged in the business of soliciting1 making1 or extending postsecondary education loans2 and 7,b7 does not include-- 7i7 the ,secretary of ,education2 or 7ii7 an institution of higher education with respect to any ,federal ,perkins ,loan made by the institution4 7#ac7 ,postsecondary education loan ,the term postsecondary education loan-- 7,a7 means a loan that is-- 7i7 made1 insured1 or guaranteed under part ,b1 ,d1 or ,e of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajga et seq41 #ajhg;a et seq41 #ajhg;aa et seq472 or 7ii7 issued or made by a postsecondary education lender and is-- 7,i7 extended to a borrower with the expectation that the amounts extended will be used in whole or in part to pay postsecondary education expenses2 or 7,,ii7 extended for the purpose of refinancing or consolidating #a or more loans described in subclause 7,i7 or clause 7i72 7,b7 includes a private education loan 7as defined in section #adj7;a772 and 7,c7 does not include a loan-- 7i7 made under an open-end credit plan2 or 7ii7 that is secured by real property4 7#ad7 ,qualified written request 7,a7 ,in general ,subject to subparagraph 7,b71 the term qualified written request means a written correspondence of a borrower 7other than notice on a payment medium supplied by the student loan servicer7 transmitted by mail1 facsimile1 or electronically through an email address or website designated by the student loan servicer to receive communications from borrowers that-- 7i7 includes1 or otherwise enables the student loan servicer to identify1 the name and account of the borrower2 and 7ii7 includes1 to the extent applicable-- 7,i7 sufficient detail regarding the information sought by the borrower2 or 7,,ii7 a statement of the reasons for the belief of the borrower that there is an error regarding the account of the borrower4 7,b7 ,correspondence delivered to other addresses 7i7 ,in general ,a written correspondence of a borrower is a qualified written request if the written correspondence-- 7,i7 meets the requirements under clauses 7i7 and 7ii7 of subparagraph 7,a72 and 7,,ii7 is transmitted to and received by a student loan servicer at a mailing address1 facsimile number1 email address1 or website address other than the address or number designated by that student loan servicer to receive communications from borrowers4 7ii7 ,duty to transfer ,a student loan servicer shall1 within a reasonable period of time1 transfer a written correspondence of a borrower received by the student loan servicer at a mailing address1 facsimile number1 email address1 or website address other than the address or number designated by that student loan servicer to receive communications from borrowers to the correct address or appropriate office or other unit of the student loan servicer4 7iii7 ,date of receipt ,a written correspondence of a borrower transferred in accordance with clause 7ii7 shall be deemed to be received by the student loan servicer on the date on which the written correspondence is transferred to the correct address or appropriate office or other unit of the student loan servicer4 7#ae7 ,student loan servicer ,the term student loan servicer-- 7,a7 means a person who performs student loan servicing2 7,b7 includes a person performing student loan servicing for a postsecondary education loan on behalf of an institution of higher education or the ,secretary of ,education under a contract or other agreement2 7,c7 does not include the ,secretary of ,education to the extent the ,secretary directly performs student loan servicing for a postsecondary education loan2 and 7,d7 does not include an institution of higher education1 to the extent that the institution directly performs student loan servicing for a ,federal ,perkins ,loan made by the institution4 7#af7 ,student loan servicing ,the term student loan servicing includes any of the following activities3 7,a7 ,receiving any scheduled periodic payments from a borrower under a postsecondary education loan 7or notification of such payments74 7,b7 ,applying payments described in subparagraph 7,a7 to an account of the borrower pursuant to the terms of the postsecondary education loan or of the contract governing the servicing of the postsecondary education loan4 7,c7 ,during a period in which no payment is required on the postsecondary education loan-- 7i7 maintaining account records for the postsecondary education loan2 and 7ii7 communicating with the borrower on behalf of the loan holder or1 with respect to a ,federal ,direct ,loan or ,federal ,perkins ,loan1 the ,secretary of ,education or the institution of higher education that made the loan1 respectively4 7,d7 ,interacting with a borrower to facilitate the activities described in subparagraphs 7,a71 7,b71 and 7,c71 including activities to help prevent default by the borrower of the obligations arising from the postsecondary education loan4 7#ag7 ,transfer of servicing ,the term transfer of servicing means the assignment1 sale1 or transfer of any student loan servicing of a postsecondary education loan from a transferor servicer to a transferee servicer4 7#ah7 ,transferee servicer ,the term transferee servicer means the person to whom any student loan servicing of a postsecondary education loan is assigned1 sold1 or transferred4 7#ai7 ,transferor servicer ,the term transferor servicer means the person who assigns1 sells1 or transfers any student loan servicing of a postsecondary education loan to another person4 #ahi4 ,servicing of postsecondary education loans 7a7 ,student loan servicer requirements ,a student loan servicer may not-- 7#a7 charge a fee for responding to a qualified written request under this chapter2 7#b7 fail to take timely action to respond to a qualified written request from a borrower to correct an error relating to an allocation of payment or the payoff amount of the postsecondary education loan2 7#c7 fail to take reasonable steps to avail the borrower of all possible alternative repayment arrangements to avoid default2 7#d7 fail to perform the obligations required under section #dic;,c7d7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajih;e7d772 7#e7 fail to respond within #aj business days to a request from a borrower to provide the name1 address1 and other relevant contact information of the loan holder of the borrower's postsecondary education loan or1 for a ,federal ,direct ,loan or a ,federal ,perkins ,loan1 the ,secretary of ,education or the institution of higher education who made the loan1 respectively2 7#f7 fail to comply with-- 7,a7 any applicable requirement of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eja et seq472 or 7,b7 in the case of a postsecondary education loan made1 issued1 or guaranteed under part ,b1 ,d1 or ,e of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq471 part ,a of title ,,vii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bib et seq471 or part ,e of title ,,viii of such ,act 7#db ,u4,s4,c4 #big;a et seq471 any applicable requirement of the ,act authorizing the postsecondary education loan2 7#g7 fail to comply with any other obligation that the ,bureau1 by regulation1 has determined to be appropriate to carry out the consumer protection purposes of this chapter2 or 7#h7 fail to perform other standard servicer's duties4 7b7 ,borrower inquiries 7#a7 ,duty of student loan servicers to respond to borrower inquiries 7,a7 ,notice of receipt of request ,if a borrower under a postsecondary education loan submits a qualified written request to the student loan servicer for information relating to the student loan servicing of the postsecondary education loan1 the student loan servicer shall provide a written response acknowledging receipt of the qualified written request within #e business days unless any action requested by the borrower is taken within such period4 7,b7 ,action with respect to inquiry ,not later than #cj business days after the receipt from any borrower of any qualified written request under subparagraph 7,a7 and1 if applicable1 before taking any action with respect to the qualified written request of the borrower1 the student loan servicer shall-- 7i7 make appropriate corrections in the account of the borrower1 including the crediting of any late fees1 and transmit to the borrower a written notification of such correction 7which shall include the name and toll-free or collect-call telephone number of a representative of the student loan servicer who can provide assistance to the borrower72 7ii7 after conducting an investigation1 provide the borrower with a written explanation or clarification that includes-- 7,i7 to the extent applicable1 a statement of the reasons for which the student loan servicer believes the account of the borrower is correct as determined by the student loan servicer2 and 7,,ii7 the name and toll-free or collect-call telephone number of an individual employed by1 or the office or department of1 the student loan servicer who can provide assistance to the borrower2 or 7iii7 after conducting an investigation1 provide the borrower with a written explanation or clarification that includes-- 7,i7 information requested by the borrower or an explanation of why the information requested is unavailable or cannot be obtained by the student loan servicer2 and 7,,ii7 the name and toll-free or collect-call telephone number of an individual employed by1 or the office or department of1 the student loan servicer who can provide assistance to the borrower4 7,c7 ,limited extension of response time 7i7 ,in general ,there may be #a extension of the #cj-;day period described in subparagraph 7,b7 of not more than #ae days if1 before the end of such #cj-;day period1 the student loan servicer notifies the borrower of the extension and the reasons for the delay in responding4 7ii7 ,reports to ,bureau ,each student loan servicer shall1 on an annual basis1 report to the ,bureau the aggregate number of extensions sought by the student loan servicer under clause 7i74 7#b7 ,protection of credit information ,during the #fj-;day period beginning on the date on which a student loan servicer receives a qualified written request from a borrower relating to a dispute regarding payments by the borrower1 a student loan servicer may not provide negative credit information to any consumer reporting agency 7as defined in section #fjc of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afha;a77 relating to the subject of the qualified written request or to such period1 including any information relating to a late payment or payment owed by the borrower on the borrower's postsecondary education loan4 7#c7 ,single point of contact for certain borrowers ,a student loan servicer shall designate an office or other unit of the student loan servicer to act as a point of contact regarding postsecondary education loans for-- 7,a7 a borrower who is not less than #fj days delinquent under the postsecondary education loan2 7,b7 a borrower who seeks information regarding1 seeks to enter an agreement for1 or seeks to resolve an issue under a repayment option that requires subsequent submission of supporting documentation2 and 7,c7 a borrower under a private education loan 7as defined in section #adj7 who is seeking to modify the terms of the repayment of the postsecondary education loan because of hardship4 7c7 ,liaison for ,members of the ,armed ,forces and veterans 7#a7 ,definition ,in this subsection1 the term veteran has the meaning given that term in section #aja of title #ch1 ,united ,states ,code4 7#b7 ,designation ,a student loan servicer shall designate #a or more employees to act as a liaison for members of the ,armed ,forces1 veterans1 and spouses and dependents of a member of the ,armed ,forces or a veteran1 who shall be-- 7,a7 responsible for answering inquiries relating to postsecondary education loans from members of the ,armed ,forces1 veterans1 and spouses and dependents of a member of the ,armed ,forces or a veteran2 and 7,b7 specially trained on the benefits available to members of the ,armed ,forces and veterans under the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eja et seq47 and other ,federal and ,state laws relating to postsecondary education loans4 7#c7 ,toll free number ,a student loan servicer shall establish and maintain a toll-free telephone number that-- 7,a7 may be used by a member of the ,armed ,forces1 veteran1 or spouse or dependent of a member of the ,armed ,forces or a veteran to connect directly to the liaison designated under paragraph 7#b72 and 7,b7 shall be listed on the primary ,internet website of the student loan servicer and on monthly billing statements4 7d7 ,transfer of servicing 7#a7 ,disclosure to applicant relating to transfer of servicing 7,a7 ,in general ,a postsecondary education lender shall disclose to each person who applies for a postsecondary education loan1 at the time of application for the postsecondary education loan1 whether there may be a transfer of servicing of the postsecondary education loan at any time during which the postsecondary education loan is outstanding4 7,b7 ,no liability ,a postsecondary education lender shall not be liable to a borrower for failure to comply with subparagraph 7,a7 if the application for a postsecondary education loan was made before the regulations established under section #aia take effect4 7#b7 ,notice by transferor servicer at time of transfer of servicing 7,a7 ,notice requirement ,a transferor servicer shall notify the borrower under a postsecondary education loan1 in writing1 of any transfer of student loan servicing for the postsecondary education loan 7with respect to which such notice is made74 7,b7 ,time of notice 7i7 ,in general ,except as provided under clause 7ii71 the notice required under subparagraph 7,a7 shall be made to the borrower not less than #ae days before the effective date of transfer of the student loan servicing of the postsecondary education loan4 7ii7 ,exception for certain proceedings ,the notice required under subparagraph 7,a7 shall be made to the borrower not more than #cj days after the effective date of transfer of the student loan servicing of the borrower's postsecondary education loan if the transfer of student loan servicing is preceded by-- 7,i7 termination of the contract for student loan servicing of the postsecondary education loan for cause2 7,,ii7 commencement of bankruptcy proceedings of the transferor servicer2 or 7,,iii7 any other situation in which the ,bureau determines that such exception is warranted4 7,c7 ,contents of notice ,the notice required under subparagraph 7,a7 shall-- 7i7 be made in writing and1 if the transferor servicer has an email address for the borrower1 by email2 and 7ii7 include-- 7,i7 the effective date of the transfer2 7,,ii7 the name1 address1 website1 and toll-free or collect-call telephone number of the transferee servicer2 7,,iii7 a toll-free or collect-call telephone number for an individual employed by the transferor servicer1 or the office or department of1 the transferor servicer that can be contacted by the borrower to answer inquiries relating to the transfer of servicing2 7,,iv7 the name and toll-free or collect-call telephone number for an individual employed by the transferee servicer1 or the office or department of1 the transferee servicer that can be contacted by the borrower to answer inquiries relating to the transfer of servicing2 7,v7 the date on which the transferor servicer will cease to accept payments relating to the borrower's postsecondary education loan and the date on which the transferee servicer will begin to accept such payments2 7,,vi7 a statement that the transfer of student loan servicing of the postsecondary education loan does not affect any term or condition of the postsecondary education loan other than terms directly related to the student loan servicing of the postsecondary education loan2 7,,vii7 a statement disclosing-- 7aa7 whether borrower authorization for recurring electronic funds transfers will be transferred to the transferee servicer2 and 7bb7 if any such recurring electronic funds transfers cannot be transferred1 information as to how the borrower may establish new recurring electronic funds transfers in connection with transfer of servicing to the transferee servicer2 7,,viii7 a statement disclosing-- 7aa7 the application of all payments and charges relating to the borrower's postsecondary education loan as of the effective date of the transfer1 including-- 7,,aa7 the date the last payment of the borrower was received2 7,,bb7 the date the last late fee1 arrearages1 or other charge was applied2 and 7,,cc7 the amount of the last payment allocated to principal1 interest1 and other charges2 7bb7 the status of the borrower's postsecondary education loan as of the effective date of the transfer1 including whether the loan is in default2 7cc7 whether any application for an alternative repayment arrangement submitted by the borrower is pending2 and 7dd7 an itemization and explanation for all arrearages claimed to be due as of the effective date of the transfer2 7,,ix7 a detailed description of any benefit1 alternative repayment arrangement1 or other term or condition arranged between the transferor servicer and the borrower that is not included in the terms of the promissory note2 7,x7 a detailed description of any item identified under subclause 7,,viii7 that will cease to apply upon transfer1 including an explanation2 and 7,,xi7 information on how to file a complaint with the ,bureau4 7#c7 ,notice by transferee servicer at time of transfer of servicing 7,a7 ,notice requirement ,a transferee servicer shall notify the borrower under a postsecondary education loan1 in writing1 of any transfer of servicing of the postsecondary education loan4 7,b7 ,time of notice 7i7 ,in general ,except as provided in clause 7ii71 the notice required under subparagraph 7,a7 shall be made to the borrower not more than #ae days after the effective date of transfer of the student loan servicing of the borrower's postsecondary education loan4 7ii7 ,exception for certain proceedings ,the notice required under subparagraph 7,a7 shall be made to the borrower not more than #cj days after the effective date of transfer of the student loan servicing of the student loan servicing of borrower's postsecondary education loan if the transfer of servicing is preceded by-- 7,i7 termination of the contract for student loan servicing the postsecondary education loan for cause2 7,,ii7 commencement of bankruptcy proceedings of the transferor servicer2 or 7,,iii7 any other situation in which the ,bureau determines that such exception is warranted4 7,c7 ,contents of notice ,the notice required under subparagraph 7,a7 shall be made in the same manner as under paragraph 7#b77;,c7 and include the information described in paragraph 7#b77;,c74 7#d7 ,method of notification ,the notification required under this subsection shall be provided in writing4 7#e7 ,treatment of loan payments during transfer period 7,a7 ,in general ,during the #fj-;day period beginning on the effective date of transfer relating to a borrower's postsecondary education loan1 a late fee may not be imposed on the borrower with respect to any payment on the postsecondary education loan1 and no such payment may be treated as late for any other purposes1 if the payment is received by the transferor servicer 7rather than the transferee servicer who should properly receive payment7 before the due date applicable to such payment4 7,b7 ,notice ,to the maximum extent practicable1 a transferor servicer shall notify a borrower1 both in writing and by telephone1 regarding any payment received by the transferor servicer 7rather than the transferee servicer who should properly receive payment74 7#f7 ,electronic fund transfer authority ,a transferee servicer shall make available to a borrower whose student loan servicing is transferred to the transferee servicer a simple1 online process through which the borrower may transfer to the transferee servicer any existing authority for an electronic fund transfer that the borrower had provided to the transferor servicer4 7#g7 ,servicer liability 7,a7 ,effective date of regulations ,a student loan servicer shall not be liable to a borrower for failure to comply with paragraph 7#b7 or 7#c7 with respect to a transfer of student loan servicing before the regulations under section #aia take effect4 7,b7 ,mitigating action ,a student loan servicer or a postsecondary education lender shall not be liable to a borrower for failure to comply with a requirement under this section if1 not later than #fj days after discovering an error and before the commencement of an action under section #acj or the receipt of written notice of the error from the borrower1 the student loan servicer notifies the borrower of the error and makes any adjustments in the appropriate account that are necessary to ensure that the borrower will not be required to pay an amount greater than the amount that the borrower otherwise would have paid4 #aij4 ,payments and fees 7a7 ,prohibition on recommending default ,a loan holder or student loan servicer may not recommend or encourage default or delinquency on an existing postsecondary education loan prior to and in connection with the process of qualifying for or enrolling in an alternative repayment arrangement1 including the origination of a new postsecondary education loan that refinances all or any portion of such existing loan or debt4 7b7 ,late fees 7#a7 ,in general ,a late fee may not be charged to a borrower under a postsecondary education loan under any of the following circumstances1 either individually or in combination3 7,a7 ,on a per-loan basis when a borrower has multiple postsecondary education loans in a billing group4 7,b7 ,in an amount greater than #d percent of the amount of the payment past due4 7,c7 ,before the end of the #ae-;day period beginning on the date the payment is due4 7,d7 ,more than once with respect to a single late payment4 7,e7 ,the borrower fails to make a singular1 non successive regularly-scheduled payment on the postsecondary education loan4 7#b7 ,coordination with subsequent late fees ,no late fee may be charged to a borrower under a postsecondary education loan relating to an insufficient payment if the payment is made on or before the due date of the payment1 or within any applicable grace period for the payment1 if the insufficiency is attributable only to a late fee relating to an earlier payment1 and the payment is otherwise a full payment for the applicable period4 7c7 ,acceleration of postsecondary education loans 7#a7 ,in general ,except as provided in paragraph 7#b71 a postsecondary education loan executed after the date of enactment of the ,higher ,education ,affordability ,act may not include a provision that permits the loan holder or student loan servicer to accelerate1 in whole or in part1 payments on the postsecondary education loan4 7#b7 ,acceleration caused by a payment default ,a postsecondary education loan may include a provision that permits acceleration of the postsecondary education loan in cases of payment default4 7d7 ,modification and deferral fees prohibited ,a loan holder or student loan servicer may not charge a borrower any fee to modify1 renew1 extend1 or amend a postsecondary education loan1 or to defer any payment due under the terms of a postsecondary education loan4 7e7 ,payoff statement 7#a7 ,fees 7,a7 ,in general ,except as provided in subparagraph 7,b7 or 7,d71 a loan holder or student loan servicer may not charge a fee for informing or transmitting to a borrower or a person authorized by the borrower the balance due to pay off the outstanding balance on a postsecondary education loan4 7,b7 ,transaction fee ,if a loan holder or student loan servicer provides the information described in subparagraph 7,a7 by facsimile transmission or courier service1 the loan holder or student loan servicer may charge a processing fee to cover the cost of such transmission or service in an amount that is not more than a comparable fee imposed for similar services provided in connection with consumer credit transactions4 7,c7 ,fee disclosure ,a loan holder or student loan servicer shall disclose to the borrower that payoff balances are available for free pursuant to subparagraph 7,a7 before charging a transaction fee under subparagraph 7,b74 7,d7 ,multiple requests ,if a loan holder or student loan servicer has provided the information described in subparagraph 7,a7 without charge1 other than the transaction fee permitted under subparagraph 7,b71 on #d or more occasions during a calendar year1 the loan holder or student loan servicer may thereafter charge a reasonable fee for providing such information during the remainder of the calendar year4 7#b7 ,prompt delivery ,a loan holder or a student loan servicer that has received a request by a borrower or a person authorized by a borrower for the information described in paragraph 7#a77;,a7 shall provide such information to the borrower or person authorized by the borrower not later than #e business days after receiving such request4 7f7 ,interest rate and term changes for certain postsecondary education loans 7#a7 ,notification requirements 7,a7 ,in general ,except as provided in paragraph 7#c71 a student loan servicer shall provide written notice to a borrower of any material change in the terms of the postsecondary education loan1 including an increase in the interest rate1 not later than #de days before the effective date of the change or increase4 7,b7 ,material changes in terms ,the ,bureau shall1 by regulation1 establish guidelines for determining which changes in terms are material under subparagraph 7,a74 7#b7 ,limits on interest rate and fee increases applicable to outstanding balance ,except as provided in paragraph 7#c71 a loan holder or student loan servicer may not increase the interest rate or other fee applicable to an outstanding balance on a postsecondary education loan4 7#c7 ,exceptions ,the requirements under paragraphs 7#a7 and 7#b7 shall not apply to-- 7,a7 an increase in any applicable variable interest rate incorporated in the terms of a postsecondary education loan that provides for changes in the interest rate according to operation of an index that is not under the control of the loan holder or student loan servicer and is published for viewing by the general public2 7,b7 an increase in interest rate due to the completion of a workout or temporary hardship arrangement by the borrower or the failure of the borrower to comply with the terms of a workout or temporary hardship arrangement if-- 7i7 the interest rate applicable to a category of transactions following any such increase does not exceed the rate or fee that applied to that category of transactions prior to commencement of the arrangement2 and 7ii7 the loan holder or student loan servicer has provided the borrower1 prior to the commencement of such arrangement1 with clear and conspicuous disclosure of the terms of the arrangement 7including any increases due to such completion or failure72 and 7,c7 an increase in interest rate due to a provision included within the terms of a postsecondary education loan that provides for a lower interest rate based on the borrower's agreement to a prearranged plan that authorizes recurring electronic funds transfers if-- 7i7 the borrower withdraws the borrower's authorization of the prearranged recurring electronic funds transfer plan2 and 7ii7 after withdrawal of the borrower's authorization and prior to increasing the interest rate1 the loan holder or student loan servicer has provided the borrower with clear and conspicuous disclosure of the impending change in borrower's interest rate and a reasonable opportunity to reauthorize the prearranged electronic funds transfers plan4 7g7 ,prompt and fair crediting of payments 7#a7 ,prompt crediting ,payments received from a borrower under a postsecondary education loan by the student loan servicer shall be posted promptly to the account of the borrower as specified in regulations of the ,bureau4 ,such regulations shall prevent a fee from being imposed on any borrower if the student loan servicer has received the borrower's payment in readily identifiable form1 by #e3jj p4m4 on the date on which such payment is due1 in the amount1 manner1 and location specified by the student loan servicer4 7#b7 ,application of payments 7,a7 ,in general 7i7 ,treatments of prepayments ,a student loan servicer that services a billing group of a borrower shall1 upon receipt of a payment from the borrower1 apply amounts in excess of the monthly payment amount first to the principal of the postsecondary education loan bearing the highest interest rate1 and then to each successive principal balance bearing the next highest interest rate until the payment is exhausted1 unless otherwise specified in writing by the borrower4 7ii7 ,treatment of underpayments 7,i7 ,regulations required ,not later than #a year after the date on which the ,bureau submits the first report required under section #ajah of the ,higher ,education ,affordability ,act1 the ,bureau shall issue regulations establishing the manner in which a student loan servicer shall apply amounts less than the total payment due during the billing cycle4 7,,ii7 ,considerations ,in issuing the regulations required under subclause 7,i71 the ,bureau shall consider-- 7aa7 the impact of the regulations on-- 7,,aa7 outstanding debt of borrowers and the imposition of late fees2 7,,bb7 credit ratings of borrowers2 and 7,,cc7 continued availability of alternative repayment arrangements2 7bb7 any other factors the ,bureau determines are appropriate2 and 7cc7 the findings from the report required under section #ajah of the ,higher ,education ,affordability ,act4 7,b7 ,changes by student loan servicer ,if a student loan servicer makes a material change in the mailing address1 office1 or procedures for handling borrower payments1 and such change causes a material delay in the crediting of a payment made during the #fj-;day period following the date on which such change took effect1 the student loan servicer may not impose any late fee for a late payment on the postsecondary education loan to which such payment was credited4 7h7 ,additional requirements for prepayments 7#a7 ,advancement of date due ,a student loan servicer may advance the date due of the next regularly scheduled installment payment of a postsecondary education loan upon remittance of a prepayment by the borrower1 if-- 7,a7 the borrower's payment is sufficient to satisfy at least #a additional installment payment2 7,b7 the number of billing cycles for which the date due is advanced is equal to total number of installment payments satisfied by the prepayment2 and 7,c7 upon receipt by the student loan servicer1 the prepayment is applied-- 7i7 to the principal balance of the postsecondary education loan2 or 7ii7 if the student loan servicer services a billing group of a borrower1 to the principal balance of the postsecondary education loan with the highest interest rate in such billing group4 7#b7 ,borrower rights ,a student loan servicer shall provide a clear1 understandable and transparent means1 including through submission of an online form1 for the borrower to elect to-- 7,a7 instruct the servicer not to advance the date due of future installment payments as described in paragraph 7#a72 and 7,b7 voluntarily make payments in excess of the borrower's regularly scheduled installment payment amount on a periodic basis via recurring electronic funds transfers or other automatic payment arrangement4 7i7 ,timing of payments ,a student loan servicer may not treat a payment on a postsecondary education loan as late for any purpose unless the student loan servicer has adopted reasonable procedures designed to ensure that each billing statement required under subsection 7j77#a7 is mailed or delivered to the consumer not later than #ba days before the payment due date4 7j7 ,other requirements for postsecondary education loans 7#a7 ,statement required with each billing cycle ,a student loan servicer for each borrower's account that is being serviced by that student loan servicer and that includes a postsecondary education loan shall transmit to the borrower1 for each billing cycle at the end of which there is an outstanding balance in that account1 a statement that includes-- 7,a7 the outstanding balance in the account at the beginning of the billing cycle2 7,b7 the total amount credited to the account during the billing cycle2 7,c7 the amount of any fee added to the account during the billing cycle1 itemized to show the amounts1 if any1 due to the application of an increased interest rate1 and the amount1 if any1 imposed as a minimum or fixed charge2 7,d7 the balance on which the fee described in subparagraph 7,c7 was computed and a statement of how the balance was determined2 7,e7 whether the balance described in subparagraph 7,d7 was determined without first deducting all payments and other credits during the billing cycle1 and the amount of any such payments and credits2 7,f7 the outstanding balance in the account at the end of the billing cycle2 7,g7 the date by which1 or the period within which1 payment must be made to avoid late fees1 if any2 7,h7 the address of the student loan servicer to which the borrower may direct billing inquiries2 7,i7 the amount of any payments or other credits during the billing cycle that was applied to pay down principal1 and the amount applied to interest2 7,j7 in the case of a billing group1 the allocation of any payments or other credits during the billing cycle to each of the postsecondary education loans in the billing group2 and 7,k7 information on how to file a complaint with the ,bureau and with the ombudsman designated pursuant to section #ajce of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #eece74 7#b7 ,payment deadlines and penalties 7,a7 ,disclosure of payment deadlines ,in the case of a postsecondary education loan account under which a late fee or charge may be imposed due to the failure of the borrower to make payment on or before the due date for such payment1 the billing statement required under paragraph 7#a7 with respect to the account shall include1 in a conspicuous location on the billing statement1 the date on which the payment is due or1 if different1 the date on which a late fee will be charged1 together with the amount of the late fee to be imposed if payment is made after that date4 7,b7 ,payments at local branches ,if the loan holder1 in the case of a postsecondary education loan account referred to in subparagraph 7,a71 is a financial institution that maintains a branch or office at which payments on any such account are accepted from the borrower in person1 the date on which the borrower makes a payment on the account at such branch or office shall be considered to be the date on which the payment is made for purposes of determining whether a late fee may be imposed due to the failure of the borrower to make payment on or before the due date for such payment4 7k7 ,corrections and unintentional violations ,a loan holder or student loan servicer who1 when acting in good faith1 fails to comply with any requirement under this section will to be deemed to have not violated such requirement if the loan holder or student loan servicer establishes that-- 7#a7 not later than #cj days after the date of execution of the postsecondary education loan and prior to the institution of any action under subtitle ,e of title ,x of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #eefa et seq47-- 7,a7 the borrower is notified of or discovers the compliance failure2 7,b7 appropriate restitution to the borrower is made2 and 7,c7 necessary adjustments are made to the postsecondary education loan that are necessary to bring the postsecondary education loan into compliance with the requirements of this section2 or 7#b7 not later than #fj days after the loan holder or student loan servicer discovers or is notified of an unintentional violation or bona fide error and prior to the institution of any action under subtitle ,e of title ,x of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #eefa et seq47-- 7,a7 the borrower is notified of the compliance failure2 7,b7 appropriate restitution to the borrower is made2 and 7,c7 necessary adjustments are made to the postsecondary education loan that are necessary to bring the postsecondary education loan into compliance with the requirements of this section4 7l7 ,rule of construction for ,federal postsecondary education loans ,nothing in this section shall be construed to supercede any reporting or disclosure requirement required for a postsecondary education loan that is made1 issued1 or guaranteed under part ,b1 ,d1 or ,e of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq471 part ,a of title ,,vii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bib et seq471 or part ,e of title ,,viii of such ,act 7#db ,u4,s4,c4 #big;a et seq471 if such reporting requirement does not directly conflict with the requirements of this section4 #aia4 ,authority of ,bureau 7a7 ,authorization ,the ,bureau1 in consultation with the ,secretary of ,education1 is authorized to prescribe such rules and regulations1 make such interpretations1 and grant such reasonable exemptions1 in accordance with1 and as may be necessary to achieve the purposes of1 this chapter4 7b7 ,disclosure requirements 7#a7 ,in general ,the ,bureau shall1 in consultation with the ,secretary of ,education1 issue regulations requiring disclosures1 including the disclosures required under section #dhc;,a of the ,higher ,education ,act of #aife1 to borrowers that clearly and conspicuously inform borrowers of the protections afforded to them under this chapter and under other provisions relating to postsecondary education loans4 ,the ,bureau shall consider whether special disclosures are required to accommodate the unique needs of borrowers who are members of the ,armed ,forces or veterans4 7#b7 ,regulations required ,the regulations issued under paragraph 7#a7 shall-- 7,a7 ensure that a borrower is made aware of-- 7i7 all repayment options available to the borrower1 including the availability of refinancing products1 and the effect of each repayment option on the total amount owed under1 total cost of1 and time to repay the postsecondary education loan2 7ii7 the risks and costs associated with default2 and 7iii7 the eligibility of certain borrowers for discharge of certain postsecondary education loans2 and 7,b7 require provision of information about how a borrower can file a complaint with the ,bureau relating to an alleged violation of this chapter4 7#c7 ,timing of disclosures ,the regulations issued under paragraph 7#a7 shall specify the timing of the disclosures described in paragraph 7#b77;,a74 ,such timing may include-- 7,a7 before the first payment is due under the postsecondary education loan2 or 7,b7 when the borrower-- 7i7 first exhibits difficulty in making payments under the postsecondary education loan2 7ii7 is #cj days delinquent under the postsecondary education loan2 7iii7 is #fj days delinquent under the postsecondary education loan2 7iv7 notifies the student loan servicer of the intent of the borrower to forbear or defer payment under the postsecondary education loan2 7v7 inquires about or requests the refinancing or consolidation of the postsecondary education loan2 or 7vi7 informs the student loan servicer1 or a postsecondary education lender acting on behalf of the borrower informs the student loan servicer1 that the borrower will be refinancing or consolidating the loan4 7c7 ,unfair1 deceptive1 and abusive acts or lending practices ,the ,bureau1 by regulation or order1 shall prohibit acts or practices in connection with-- 7#a7 a postsecondary education loan that the ,bureau finds to be unfair1 deceptive1 or designed to evade the provisions of this chapter2 or 7#b7 the refinancing of a postsecondary education loan1 including facilitation of refinancing or enrollment in an alternative repayment arrangement1 that the ,bureau finds to be associated with abusive lending practices1 or that are otherwise not in the interest of the borrower4 7d7 ,consultation with secretary of education ,in order to avoid duplication1 to the extent practicable1 the ,bureau1 in consultation with the ,secretary of ,education1 may consider-- 7#a7 obligations of student loan servicers under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq472 and 7#b7 findings from the report authorized under section #def7;d7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;f7d774 #aib4 ,state laws unaffected2 inconsistent ,federal and ,state provisions ,nothing in this chapter shall annul1 alter1 or affect1 or exempt any person subject to the provisions of this chapter from complying with the laws of any ,state with respect to student loan servicing practices1 fees on postsecondary education loans1 or other requirements relating to postsecondary education loans1 except to the extent that those laws are inconsistent with any provision of this chapter1 and then only to the extent of the inconsistency4 ,the ,bureau is authorized to determine whether such inconsistencies exist4 ,the ,bureau may not determine that any ,state law is inconsistent with any provision of this chapter if the ,bureau determines that such law gives greater protection to the consumer4 ,in making these determinations the ,bureau shall consult with the appropriate ,federal agencies4 4 #c ,regulations and reports #ajag4 ,implementation of regulations 7a7 ,in general ,except as otherwise provided in this part or the amendments made by this part1 the ,bureau1 in consultation with the ,secretary of ,education1 shall issue the regulations required under this part and the amendments made by this part not later than #a year after the date of enactment of this ,act4 7b7 ,transitional period ,any requirement under section #dcc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhc71 and any regulation issued pursuant to such section1 that is determined by the ,bureau to be duplicative of a regulation issued pursuant to this part or amendment made by this part shall continue to be in effect only until the effective date of such regulation issued pursuant to this part or the amendment made by this part4 #ajah4 ,report on credit reporting and student lending 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and as frequently thereafter as the ,director of the ,bureau determines an update is necessary1 the ,bureau shall submit to the appropriate committees of ,congress a report on the impact of postsecondary education loan debt1 which shall include an evaluation1 analysis1 and discussion of-- 7#a7 the impact on the credit of borrowers of-- 7,a7 the common use of billing groups for postsecondary education loans2 7,b7 the delinquency of #b or more postsecondary education loans contained in a billing group2 and 7,c7 the availability of alternative repayment arrangements for postsecondary education loans2 7#b7 what processes student loan servicers implement in furnishing student loan information to credit reporting agencies2 7#c7 the most effective ways to repair the credit history of a borrower after a default or delinquency under a postsecondary education loan2 7#d7 legislative or regulatory changes the ,bureau determines would better assist borrowers under postsecondary education loans2 7#e7 the manner in which information about repayment information about postsecondary education loans is furnished to consumer reporting agencies and the impact on the credit profile and credit score of the borrower when servicing rights for postsecondary education loans are transferred between student loan servicers2 and 7#f7 any other topics related to credit reporting of postsecondary education loans the ,bureau determines are necessary4 7b7 ,disaggregate ,to the extent practicable1 the ,director of the ,bureau shall disaggregate the findings of the report under paragraph 7#a7 according to race1 ethnicity1 income level1 and geography4 #ajai4 ,ombudsman report on private education loan market ,not less than once every #b years1 the ombudsman designated pursuant to section #ajce of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #eece7 shall submit to the appropriate committees of ,congress a report-- 7#a7 providing a detailed analysis of material terms and conditions in private education loans2 and 7#b7 describing changes in the availability of private education loans and other consumer financial products used to finance postsecondary education expenses4 ,b ,internal ,revenue ,code of #aihf #ajbb4 ,information sharing authority relating to income-based repayment 7a7 ,in general ,subparagraph 7,a7 of section #fajc7l77#ac7 of the ,internal ,revenue ,code of #aihf is amended by striking who has received an applicable student loan and whose loan repayment amounts are based in whole or in part on the taxpayer's income and inserting who is more than #aej days delinquent on an eligible student loan4 7b7 ,restriction on redisclosures ,subparagraph 7,b7 of section #fajc7l77#ac7 of such ,code is amended-- 7#a7 by striking ,return information and inserting the following3 7i7 ,in general ,except as otherwise provided in this subparagraph1 return information 1 7#b7 by striking income contingent and inserting income-based1 7#c7 by inserting for purposes of enrolling the taxpayer in an incomebased repayment plan pursuant to section #dic;,c7d7 of the ,higher ,education ,act of #aife 7as in effect on the date of enactment of the ,higher ,education ,affordability ,act7 before the period at the end1 and 7#d7 by adding at the end the following new clauses3 7ii7 ,redisclosure of repayment amount to certain loan service providers ,upon request from an applicable loan service provider1 the ,secretary of ,education may disclose to the taxpayer and to the applicable loan service provider the taxpayer's repayment amount under an incomebased repayment plan described in section #dic;,c7b7 of the ,higher ,education ,act of #aife 7as in effect on the date of enactment of the ,higher ,education ,affordability ,act74 7iii7 ,use in administrative proceedings ,the information disclosed pursuant to this paragraph may be open to inspection or disclosure to officers and employees of the ,department of ,education who are personally and directly engaged in any administrative proceeding arising out of the determination of the incomebased repayment amount and to the taxpayer and the taxpayer's representative4 4 7c7 ,definitions ,subparagraph 7,c7 of section #fajc7l77#ac7 of such ,code is amended to read as follows3 7,c7 ,definitions ,for purposes of this paragraph-- 7i7 ,eligible student loan ,the term eligible student loan has the meaning given to the term eligible loan under section #dic;,c7a7 of the ,higher ,education ,act of #aife 7as in effect on the date of enactment of the ,higher ,education ,affordability74 7ii7 ,applicable loan service provider ,for purposes of this subparagraph1 the term applicable loan service provider means-- 7,i7 any entity with a contract to service loans under section #def of the ,higher ,education ,act of #aife1 7,,ii7 any entity that is a lender of loans made1 insured1 or guaranteed under part ,b of such ,act1 7,,iii7 any entity that provides student loan servicing for a lender described in subclause 7,,ii74 4 7d7 ,termination of authority ,subparagraph 7,d7 of section #fajc7l77#ac7 of the ,internal ,revenue ,code of #aihf is amended by striking ,december #ca1 #bjjg and inserting ,december #ca1 #bjai4 7e7 ,conforming amendment ,the heading for paragraph 7#ac7 of section #fajc7l7 of such ,code is amended by striking income contingent repayment of student loans and inserting auto-enrollment of delinquent student loan borrowers in income-based repayment plans4 7f7 ,application of certain rules to loan servicers 7#a7 ,in general ,paragraph 7#c7 of section #fajc7;a7 of the ,internal ,revenue ,code of #aihf is amended by inserting 7#ac71 after 7#ab714 7#b7 ,penalty for unauthorized inspection ,subparagraph 7,b7 of section #gbac;,a of such ,code is amended by striking subsection 7l77#ah7 or 7n7 of and inserting paragraph 7#ac7 or 7#ah7 of subsection 7l7 of1 or subsection 7n7 of14 7#c7 ,records of inspection and disclosure ,subparagraph 7,a7 of section #fajc7p77#c7 of such ,code is amended-- 7,a7 by striking 7#ac71 and 7,b7 by inserting after the second sentence the following new sentence3 ,the ,secretary of ,education shall supply the ,secretary with such information as is necessary to carry out this paragraph as it relates to section #fajc7l77#ac744 7#d7 ,safeguards ,paragraph 7#d7 of section #fajc7p7 of such ,code is amended by inserting 7#ac71 after 7l77#aj71 each place it appears4 7g7 ,effective date ,the amendments made by this section shall apply to requests made by the ,secretary of ,education after the date of the enactment of this ,act4 ,c ,title #aa of the ,united ,states ,code #ajca4 ,private loan discharge in bankruptcy ,section #ebc7;a77#h7 of title #aa1 ,united ,states ,code1 is amended by striking dependents1 for and all that follows through the end of subparagraph 7,b7 and inserting dependents1 for an educational benefit overpayment or loan made1 insured1 or guaranteed by a governmental unit or made under any program funded in whole or in part by a governmental unit or an obligation to repay funds received from a governmental unit as an educational benefit1 scholarship1 or stipend24 ,d ,servicemembers ,civil ,relief ,act #ajda4 ,modification of limitation on rate of interest on student loans during and immediately after period of military service 7a7 ,extension of period of applicability of limitation on rate of interest on student loans incurred before service ,section #bjg7;a77#a7 of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #ebg7;a77#a77 is amended-- 7#a7 in subparagraph 7,a71 by inserting or a student loan after nature of a mortgage2 and 7#b7 in the paragraph heading1 by inserting on debt incurred before service after ,limitation to #f percent4 7b7 ,debt entered into during military service ,to consolidate or refinance student loans incurred before military service ,subsection 7a7 of section #bjg of such ,act 7#ej ,u4,s4,c4 ,app4 #ebg7 is amended-- 7#a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 ,limitation to #f percent on debt incurred during service to consolidate or refinance student loans incurred before service ,an obligation or liability bearing interest at a rate in excess of #f percent per year that is incurred by a servicemember1 or the servicemember and the servicemember's spouse jointly1 during military service to consolidate or refinance one or more student loans incurred by the servicemember before such military service shall not bear an interest at a rate in excess of #f percent during the period of military service and one year thereafter4 2 7#c7 in paragraph 7#c71 as redesignated by paragraph 7#a7 of this subsection1 by inserting or 7#b7 after paragraph 7#a72 and 7#d7 in paragraph 7#d71 as so redesignated1 by striking paragraph 7#b7 and inserting paragraph 7#c74 7c7 ,implementation of limitation ,subsection 7b7 of such section is amended-- 7#a7 in paragraph 7#a71 by striking the interest rate limitation in subsection 7a7 and inserting an interest rate limitation in paragraph 7#a7 or 7#b7 of subsection 7a72 and 7#b7 in paragraph 7#b7-- 7,a7 in the paragraph heading1 by striking as of date of order to active duty2 and 7,b7 by inserting before the period at the end the following3 in the case of an obligation or liability covered by subsection 7a77#a71 or as of the date the servicemember 7or servicemember and spouse jointly7 incurs the obligation or liability concerned under subsection 7a77#b74 7d7 ,student loan defined ,subsection 7d7 of such section is amended by adding at the end the following new paragraph3 7#c7 ,student loan ,the term student loan means the following3 7,a7 ,a ,federal student loan made1 insured1 or guaranteed under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq474 7,b7 ,a student loan made pursuant to title ,,vii or ,,viii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bib et seq4 and #bif et seq474 7,c7 ,a private student loan as that term is defined in section #adj7;a7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afej7;a774 4 ,e ,united ,states ,institute of ,peace ,act #ajea4 ,united ,states ,institute of ,peace ,act ,section #agaj7;a77#a7 of the ,united ,states ,institute of ,peace ,act 7#bb ,u4,s4,c4 #dfji7;a77#a77 is amended by striking to be appropriated and all that follows through the period at the end and inserting to be appropriated such sums as may be necessary for fiscal years #bjae through #bjai4 ,,xi ,reports1 ,studies1 and ,miscellaneous provisions #aaja4 ,consumer protections for students 7a7 ,in general 7#a7 ,definitions ,in this section3 7,a7 ,federal financial assistance program ,the term ,federal financial assistance program means a program authorized and funded by the ,federal ,government under any of the following provisions of law3 7i7 ,title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq474 7ii7 ,title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 or title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caaa et seq474 7iii7 ,the ,adult ,education and ,family ,literacy ,act 7#bi ,u4,s4,c4 #caja note et seq474 7iv7 ,chapter #cj1 #ca1 #cb1 #cc1 #cd1 or #ce of title #ch1 ,united ,states ,code4 7v7 ,chapter #aja1 #aje1 #ajf;,a1 #afjf1 #afjg1 or #afjh of title #aj1 ,united ,states ,code4 7vi7 ,section #aghd;a1 #bjje1 or #bjjg of title #aj1 ,united ,states ,code4 7,b7 ,institution of higher education ,the term institution of higher education-- 7i7 with respect to a program authorized under subparagraph 7,a77i71 has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb72 7ii7 with respect to a program authorized under title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq471 has the meaning given the term postsecondary educational institution as defined in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja71 and with respect to a program authorized under title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caaa et seq471 has the meaning given the term institution of higher education as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb72 7iii7 with respect to a program authorized under subparagraph 7,a77iii71 has the meaning given the term postsecondary educational institution as defined in section #bjc of the ,adult ,education and ,family ,literacy ,act 7#bi ,u4,s4,c4 #cbgb72 7iv7 with respect to a program authorized under subparagraph 7,a77iv71 has the meaning given the term educational institution under section #cdeb of title #ch1 ,united ,states ,code2 7v7 with respect to a program authorized under subparagraph 7,a77v71 means an educational institution that awards a degree or certificate and is located in any ,state2 and 7vi7 with respect to a program authorized under subparagraph 7,a77vi71 means an educational institution that awards a degree or certificate and is located in any ,state4 7,c7 ,state 7i7 ,state ,the term ,state includes1 in addition to the several ,states of the ,united ,states1 the ,commonwealth of ,puerto ,rico1 the ,district of ,columbia1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 the ,commonwealth of the ,northern ,mariana ,islands1 and the freely associated ,states4 7ii7 ,freely associated ,states ,the term freely associated ,states means the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 and the ,republic of ,palau4 7#b7 ,consumer protections ,notwithstanding any other provision of law1 an institution of higher education is not eligible to participate in a ,federal financial assistance program with respect to any program of postsecondary education or training1 including a degree or certificate program1 that is designed to prepare students for entry into a recognized occupation or profession that requires licensing or other established requirements as a condition for entry into such occupation or profession1 unless1 by not later than #a year after the date of enactment of this ,act-- 7,a7 the successful completion of the program fully qualifies a student1 in the ,metropolitan ,statistical ,area in which the student resides 7and in any ,state in which the institution indicates1 through advertising or marketing activities or direct contact with potential students1 that a student will be prepared to work in the occupation or profession after successfully completing the program71 to-- 7i7 take any examination required for entry into the recognized occupation or profession in the ,metropolitan ,statistical ,area and ,state in which the student resides1 including satisfying all ,state or professionally mandated programmatic and specialized accreditation requirements1 if any2 and 7ii7 be certified or licensed or meet any other academically related conditions that are required for entry into the recognized occupation or profession in the ,state2 and 7,b7 the institution offering the program provides timely placement for all of the academically related pre-licensure requirements for entry into the recognized occupation or profession1 such as clinical placements1 internships1 or apprenticeships4 7#c7 ,regulations on programs in preaccreditation status ,the ,secretary of ,education shall promulgate regulations on requirements of an institution of higher education with respect to any program of the institution that is in a preaccredited status1 including limitations on1 or requirements of1 advertisement of the program to students4 ,such regulations shall be consistent with the provisions of paragraph 7#b74 7#d7 ,loan discharge ,the ,secretary of ,education shall promulgate regulations that condition eligibility for an institution of higher education to participate in any ,federal financial assistance program on the institution signing with each student enrolled in any program of the institution that is in a preaccredited status1 a loan discharge agreement4 7b7 ,effective date ,this section shall take effect on the date that is #a year after the date of enactment of this ,act4 #aajb4 ,longitudinal study of the effectiveness of student loan counseling 7a7 ,in ,general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,education and the ,director of the ,bureau of ,consumer ,financial ,protection1 acting through the ,director of the ,institute of ,education ,sciences1 shall begin conducting a rigorous longitudinal study of the impact and effectiveness of student loan counseling1 as provided in accordance with subsections 7b71 7l71 and 7n7 of section #dhe of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7 and through such other means of providing student loan counseling services as the ,secretary may determine4 7b7 ,contents ,the longitudinal study shall include borrower information1 in the aggregate and disaggregated by race1 ethnicity1 gender1 income1 and status as an individual with a disability1 about-- 7#a7 student persistence2 7#b7 degree attainment2 7#c7 program completion2 7#d7 successful entry into student loan repayment2 7#e7 cumulative borrowing levels2 and 7#f7 such other factors as the ,secretary may determine4 7c7 ,interim ,reports ,not later than #ah months after the commencement of the study described under this section1 and annually thereafter1 the ,secretary shall evaluate the progress of the study and report any short-term findings to the appropriate committees of ,congress4 7d7 ,authorization of ,appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year #bjae and each of the #d succeeding fiscal years4 #aajc4 ,recommendations for student loan counseling ,the ,secretary of the ,treasury1 acting through the ,president's ,advisory ,council on ,financial ,capability and the ,financial ,literacy and ,education ,commission1 shall prepare and submit to ,congress and to the ,secretary of ,education a report containing recommendations about information1 including methods and strategies for conveying such information to borrowers in order to ensure comprehension1 that should be included in financial literacy counseling for first-time student loan borrowers4 #aajd4 ,working group on improvement of resources available to members of the ,armed ,forces and their spouses in using tuition assistance programs of the ,department of ,defense 7a7 ,working group required ,the ,secretary of ,education1 the ,secretary of ,defense1 the ,secretary of ,veterans ,affairs1 and the ,director of the ,bureau of ,consumer ,financial ,protection shall jointly1 and in consultation with the heads of such other departments and agencies of the ,federal ,government as such officials consider appropriate1 establish and maintain a working group to assess and improve the resources available to education service officers and other personnel of the ,federal ,government who provide assistance to members of the ,armed ,forces and their spouses in using or seeking to use the tuition assistance programs of the ,department of ,defense4 7b7 ,resources ,in improving resources as described in subsection 7a71 the working group shall provide for the inclusion of the following in such resources3 7#a7 ,information on the benefits and protections for members of the ,armed ,forces and their dependents provided in this ,act and the amendments made by this ,act4 7#b7 ,consumer information1 resources1 and tools created and maintained by the working group pursuant to this section4 7#c7 ,information on the availability of consumer protection measures1 including the complaint system established pursuant to ,executive ,order #acfjg 7#gg ,fed4 ,reg4 #behfa2 relating to establishing principles of excellence for educational institutions serving servicemembers1 veterans1 spouses1 and other family members74 7#d7 ,such other information or resources as the working group considers appropriate4 #aaje4 ,study on public service loan forgiveness 7a7 ,in general ,by not later than #a year after the date of enactment of this ,act1 the ,secretary shall1 in consultation with the ,director of the ,bureau of ,consumer ,financial ,protection1 prepare and submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives a report evaluating the effectiveness of the public service loan forgiveness program under section #dee7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m774 7b7 ,contents ,the report required under subsection 7a7 shall include-- 7#a7 an analysis of total borrowing for prospective recipients of loan forgiveness under section #dee7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m771 including participants that have completed the certification form developed by the ,secretary pursuant to such section2 7#b7 an analysis of the public service entities employing prospective recipients of loan forgiveness under such section1 including public service organizations identified on the certification forms developed by the ,secretary pursuant to such section2 7#c7 an analysis of the impact of the availability of public service loan forgiveness under such section on the utilization of other benefits established to encourage or reward public service employment under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj71 including the programs established under sections #dbh;,j1 #dfj1 and #dfe of such ,act 7#bj ,u4,s4,c4 #ajgh-aj1 #ajhg;j1 and #ajhg;ee72 7#d7 an analysis of the impact public service loan forgiveness under section #dee7m7 of such ,act has had on the existence of loan repayment assistance programs offered by institutions of higher education for students employed in public service2 7#e7 an evaluation of the impact of the public service loan forgiveness program under such section on total tuition and fees at institutions where the ,secretary finds a reasonable number of borrowers are both-- 7,a7 prospective recipients of loan forgiveness under section #dee7m71 as described in paragraph 7#a72 and 7,b7 recipients of an award under a loan repayment assistance program made by an institution of higher education described in paragraph 7#d72 7#f7 an evaluation of the impact of borrowers described in paragraph 7#e7 on total program costs for the public service loan forgiveness program under section #dee7m72 and 7#g7 an evaluation of the cost and feasibility of altering the public service loan forgiveness program carried out under section #dee7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m77 in order to allow a proportionate percentage of loan cancellation for each year of public service that the individual completes1 and a comparison of the estimated costs of such a prorated program with the estimated costs of the public service loan forgiveness program carried out under such section #dee7m71 as in effect on the date of the study4 #aajf4 ,longitudinal study of the causes of student loan default 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,education and the ,director of the ,bureau of ,consumer ,financial ,protection1 acting through the ,director of the ,institute of ,education ,sciences1 shall begin conducting a rigorous longitudinal study of the causes of default on loans made1 insured1 or guaranteed under part ,b1 ,d1 or ,e of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajga et seq41 #ajhg;a et seq41 #ajhg;aa et seq474 7b7 ,contents ,the longitudinal study shall include-- 7#a7 information about borrowers of loans described in subsection 7a71 disaggregated by age1 race1 ethnicity1 gender1 status as an individual with a disability1 and status as a low-income individual1 regarding possible risk factors for default1 including-- 7,a7 the type of institution attended by the borrower2 7,b7 the degree or program in which the borrower was enrolled2 7,c7 educational attainment level2 7,d7 personal and financial circumstances2 7,e7 employment status2 7,f7 types of loans held by the borrower2 7,g7 the interest rate on outstanding loans held by the borrower2 7,h7 the repayment plan selected by the borrower2 7,i7 loan servicing difficulties2 7,j7 outstanding debt level2 and 7,k7 such other factors as the ,secretary and ,director of the ,bureau of ,consumer ,financial ,protection may determine2 7#b7 consideration of the relevance of the possible risk factors2 and 7#c7 policy recommendations designed to decrease the likelihood of student loan default4 7c7 ,reports 7#a7 ,interim reports ,not later than #ah months after the commencement of the study described under this section1 and annually thereafter1 the ,secretary shall evaluate the progress of the study and report any short-term findings to the appropriate committees of ,congress4 7#b7 ,final report ,upon completion of the study described under this section1 the ,secretary shall prepare and submit a final report regarding the findings of the study to the appropriate committees of ,congress4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year #bjae and each of the #d succeeding fiscal years4 #aajg4 ,institutional ,risk-,sharing ,commission 7a7 ,establishment of ,commission 7#a7 ,in general ,the ,secretary of ,education shall establish an ,institutional ,risk-,sharing ,commission 7referred to in this section as the ,commission7 whose members shall be selected by the ,secretary and comprised of the following relevant stakeholders3 7,a7 #b representatives of national or regional student advocacy organizations with a track record of engagement and expertise on issues related to college costs1 consumer protection1 and institutional accountability and an alternate member4 7,b7 #a student representative who is attending an institution of higher education on the date of the selection and an alternate member4 7,c7 #a member of the ,bureau of ,consumer ,financial ,protection with demonstrated knowledge of student loan borrowing and an alternate member4 7,d7 #b administrative officers from different types of institutions of higher education and an alternate member4 7,e7 #a higher education researcher and an alternate member4 7,f7 #a ,state postsecondary education data system director and an alternate member4 7,g7 #a representative from the ,national ,center for ,education ,statistics and an alternate member4 7,h7 #a representative from the ,government ,accountability ,office and an alternate member4 7,i7 #a representative from the ,department of the ,treasury and an alternate member4 7#b7 ,functions ,each member selected under paragraph 7#a7 shall participate for the purpose of determining agreement by majority vote on the ,commission on the report and its contents described in paragraph 7#d74 ,each alternate member shall participate for the purpose of determining the majority vote in the absence of the member4 ,either the member or an alternate member may speak during the negotiations4 ,in the event that the ,commission is unable to form agreement on the contents of the report by majority vote1 the contents of the report shall be determined by a plurality vote4 7b7 ,study 7#a7 ,in general ,not later than #bgj days after the date that all members of the ,commission have been selected under subsection 7a71 the ,commission shall complete a study and develop recommendations for implementation of a new risk-sharing system for institutions of higher education that participate in the ,federal ,direct ,loan ,program under part ,d of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;a et seq47 through which institutions would be held financially accountable for poor student outcomes4 7#b7 ,content of study ,in conducting the study required under paragraph 7#a71 the ,commission shall1 at a minimum1 consider the following issues3 7,a7 ,identifying an annual measure or set of measures for the risk-sharing system that would provide the most accurate assessment of an institution's level of success or failure at providing their students with basic educational outcomes1 such as degree completion1 ability to repay loans made1 insured1 or guaranteed under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq471 post-graduation employment1 and post-graduation earnings4 ,such possible measures may include cohort default rates1 loan repayment rates1 graduation rates1 graduate earnings1 and other measure that the ,commission considers an accurate reflection of student outcomes1 regardless of the feasibility of access to the data required to implement collection of such measures4 7,b7 ,what specific metrics would require the lowest performing institutions to make annual payments into the risk-sharing system1 and what metrics would exempt institutions from making an annual risk-sharing payment based on performance measures that exceeded a minimum level 7which level would be identified by the ,commission74 7,c7 ,how the payments for each institution should be calculated1 including whether the use of a percentage of ,federal ,direct ,loans disbursed the year prior to identification1 the percentage of loans in default1 or any other calculation should be used4 7,d7 ,whether a sliding scale of payments should be required of institutions based on their performance on the identified measures4 7,e7 ,any legislative safeguards or mechanisms to ensure that an institution required to participate in the risk-sharing system would not pass any prospective costs directly or indirectly onto students1 or limit access to low-income students4 7,f7 ,how an institution's level of access to low-income students 7such as measured by the percentage of students enrolled at the institution who receive ,federal ,pell ,grants under subpart #a of part ,a of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a et seq477 and affordability 7as measured by average net price7 should be considered in the risk-sharing system4 7,g7 ,specifying a means for the risk-sharing system payments to go primarily towards students in default1 additional aid to low-income students1 or any other form of aid to student borrowers most in need1 including after degree completion4 7,h7 ,whether any extraordinary consideration exists that warrants allowing a waiver process through which a very limited number of institutions would be eligible to apply for a waiver from a risk-sharing payment on a yearly basis1 and under what conditions4 7#c7 ,outside recommendations ,as part of the study required under paragraph 7#a71 the ,commission shall develop a public process for soliciting recommendations for the risk-sharing system and shall consider these recommendations as part of the study4 ,the ,commission shall factor in any financial or other interests of any submitting party in weighing and considering such recommendations4 7#d7 ,report 7,a7 ,content ,not later than #ij days after completing the study required under paragraph 7#a71 the ,commission shall issue1 by majority vote1 or if unable to achieve a majority vote1 then a plurality vote1 a report regarding its recommendations for a risk-sharing system4 ,the report shall include the following3 7i7 ,a description of the ,commission's findings as to the issues described in paragraph 7#b74 7ii7 ,a data analysis using the ,commission's recommended metrics that demonstrates how each institution of higher education that participates in the ,federal ,direct ,loan ,program under part ,d of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;a et seq47 as of the period of the ,commission's study would fare under the proposed risk-sharing system1 including projections for the amounts of payments the lowest performing institutions would have to pay4 7iii7 ,an evaluation of the feasibility and unintended consequences of implementing the recommended risk-sharing system1 including any legislative or regulatory action needed to implement such a system4 7,b7 ,availability ,the report described in subparagraph 7,a7 shall be-- 7i7 provided to the ,secretary of ,education1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 and the ,committee on ,education and the ,workforce of the ,house of ,representatives2 and 7ii7 made publicly available4 7c7 ,securing information and privacy 7#a7 ,in general ,subject to paragraph 7#b71 the ,commission may secure directly from any ,federal department or agency such information as the ,commission considers necessary to carry out its duties under this section4 ,the ,commission may request the head of any ,state or local department or agency to furnish such information to the ,commission4 7#b7 ,privacy ,any ,federal department or agency1 ,state or local department or agency1 or institution of higher education in providing information to the ,commission under this section shall not share any personally identifiable information and shall act in accordance with section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g1 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd74 #aajh4 ,,gao report on educational attainment of homeless children and youth and foster care children and youth 7a7 ,definitions ,in this section3 7#a7 ,foster care children and youth ,the term foster care children and youth has the meaning given the term in section #ajc of the ,higher ,education ,act of #aife4 7#b7 ,homeless children and youth ,the term homeless children and youth means children and youth who lack a fixed1 regular1 and adequate nighttime residence and includes-- 7,a7 children and youth who-- 7i7 are sharing the housing of other persons due to loss of housing1 economic hardship1 or a similar reason2 7ii7 are living in motels1 hotels1 trailer parks1 or camping grounds due to the lack of alternative adequate accommodations2 7iii7 are living in emergency or transitional shelters2 7iv7 are abandoned in hospitals2 or 7v7 are awaiting foster care placement2 7,b7 children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings2 7,c7 children and youth who are living in cars1 parks1 public spaces1 abandoned buildings1 substandard housing1 bus or train stations1 or similar settings2 and 7,d7 migratory children 7as such term is defined in section #acji of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcii77 who are living in circumstances described in subparagraph 7,a71 7,b71 or 7,c74 7#c7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7b7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall prepare and submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives a report on the educational attainment of youth who are or have been homeless 7including youth who are or have been homeless children and youth7 and foster care children and youth4 7c7 ,content ,the report described in subsection 7b7 shall contain a review and assessment of enrollment and completion data for both accompanied and unaccompanied homeless children and youth and foster care children and youth1 including the following3 7#a7 ,the percentage of such youth attending an institution of higher education4 7#b7 ,the percentage of such youth graduating from an institution of higher education4 7#c7 ,the average length of time taken to obtain an associate or baccalaureate degree4 7#d7 ,the percentage of such youth attending-- 7,a7 a public institution of higher education2 7,b7 a private institution of higher education2 7,c7 a community college2 and 7,d7 a #d-year institution of higher education4 7#e7 ,reasons why such youth choose not to pursue a higher education4 7#f7 ,the availability of public and private tuition assistance specifically for such youth and the awareness among such youth of such tuition assistance4 7#g7 ,the availability of other public or private programs designed to encourage and support enrollment in1 and completion of1 higher education for such youth4 7#h7 ,ways in which the ,department of ,education might increase the educational attainment rates of such youth4 #aaji4 ,american ,dream ,accounts 7a7 ,short title ,this section may be cited as the ,american ,dream ,accounts ,act4 7b7 ,definitions ,in this section3 7#a7 ,american dream account ,the term ,american ,dream ,account means a personal online account for low-income students that monitors higher education readiness and includes a college savings account4 7#b7 ,appropriate committees of congress ,the term appropriate committees of ,congress means the ,committee on ,health1 ,education1 ,labor1 and ,pensions1 the ,committee on ,appropriations1 and the ,committee on ,finance of the ,senate1 and the ,committee on ,education and the ,workforce1 the ,committee on ,appropriations1 and the ,committee on ,ways and ,means of the ,house of ,representatives1 as well as any other ,committee of the ,senate or ,house of ,representatives that the ,secretary determines appropriate4 7#c7 ,charter school ,the term charter school has the meaning given such term in section #ebaj of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;i74 7#d7 ,college savings account ,the term college savings account means a savings account that-- 7,a7 provides some tax-preferred accumulation2 7,b7 is widely available 7such as ,qualified ,tuition ,programs under section #ebi of the ,internal ,revenue ,code of #aihf or ,coverdell ,education ,savings ,accounts under section #ecj of the ,internal ,revenue ,code of #aihf72 and 7,c7 contains funds that may be used only for the costs associated with attending an institution of higher education1 including-- 7i7 tuition and fees2 7ii7 room and board2 7iii7 textbooks2 7iv7 supplies and equipment2 and 7v7 ,internet access4 7#e7 ,dual enrollment program ,the term dual enrollment program means a program of study-- 7,a7 provided by an institution of higher education through which a student who has not graduated from secondary school with a regular high school diploma is able to earn secondary school credit and postsecondary credit that is accepted as credit towards a postsecondary degree or credential at no cost to the participant or the participant's family2 and 7,b7 that shall consist of not less than #b postsecondary credit-bearing courses and support and academic services that help a student persist and complete such courses4 7#f7 ,early college high school ,the term early college high school program means a formal partnership between at least #a local educational agency and at least #a institution of higher education that allows students to simultaneously complete1 as part of an organized course of study1 requirements towards earning a regular high school diploma and earning not less than #ab transferable postsecondary credits that are accepted as credit towards a postsecondary degree or credential at no cost to the participant or the participant's family4 7#g7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state educational agency2 7,b7 a local educational agency1 including a charter school that operates as its own local educational agency2 7,c7 a charter management organization or charter school authorizer2 7,d7 an institution of higher education2 7,e7 a nonprofit organization2 7,f7 an entity with demonstrated experience in educational savings or in assisting low-income students to prepare for1 and attend1 an institution of higher education2 or 7,g7 a consortium of #b or more of the entities described in subparagraphs 7,a7 through 7,f74 7#h7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7#i7 ,local educational agency ,the term local educational agency has the meaning given such term in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#aj7 ,low-income student ,the term low-income student means a student who is eligible to receive a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq474 7#aa7 ,parent ,the term parent has the meaning given such term in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#ab7 ,secretary ,the term ,secretary has the meaning given such term in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#ac7 ,state educational agency ,the term ,state educational agency has the meaning given such term in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7c7 ,grant program 7#a7 ,program ,authorized ,the ,secretary is authorized to award grants1 on a competitive basis1 to eligible entities to enable such eligible entities to establish and administer ,american ,dream ,accounts for a group of low-income students4 7#b7 ,reservation ,from the amounts appropriated each fiscal year to carry out this section1 the ,secretary shall reserve not more than #e percent of such amount to carry out the evaluation activities described in subsection 7f77#a74 7#c7 ,duration ,a grant awarded under this section shall be for a period of not more than #c years4 ,the ,secretary may extend such grant for an additional #b-year period if the ,secretary determines that the eligible entity has demonstrated significant progress1 based on the factors described in subsection 7d77#b77,k74 7d7 ,applications2 priority 7#a7 ,in ,general ,each eligible entity desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,contents ,at a minimum1 the application described in paragraph 7#a7 shall include the following3 7,a7 ,a description of the characteristics of a group of not less than #cj low-income public school students who-- 7i7 are1 at the time of the application1 attending a grade not higher than grade #i2 and 7ii7 will1 under the grant1 receive an ,american ,dream ,account4 7,b7 ,a description of how the eligible entity will engage1 and provide support 7such as tutoring and mentoring for students1 and training for teachers and other stakeholders7 either online or in person1 to-- 7i7 the students in the group described in subparagraph 7,a72 7ii7 the family members and teachers of such students2 and 7iii7 other stakeholders such as school administrators and school counselors4 7,c7 ,an identification of partners who will assist the eligible entity in establishing and sustaining ,american ,dream ,accounts4 7,d7 ,a description of what experience the eligible entity or the partners of the eligible entity have in managing college savings accounts1 preparing low-income students for postsecondary education1 managing online systems1 and teaching financial literacy4 7,e7 ,a demonstration that the eligible entity has sufficient resources to provide an initial deposit into the college savings account portion of each ,american ,dream ,account4 7,f7 ,a description of how the eligible entity will help increase the value of the college savings account portion of each ,american ,dream ,account1 such as by providing matching funds or incentives for academic achievement4 7,g7 ,a description of how the eligible entity will notify each participating student in the group described in subparagraph 7,a71 on a semiannual basis1 of the current balance and status of the college savings account portion of the ,american ,dream ,account of the student4 7,h7 ,a plan that describes how the eligible entity will monitor participating students in the group described in subparagraph 7,a7 to ensure that the ,american ,dream ,account of each student will be maintained if a student in such group changes schools before graduating from secondary school4 7,i7 ,a plan that describes how the ,american ,dream ,accounts will be managed for not less than #a year after a majority of the students in the group described in subparagraph 7,a7 graduate from secondary school4 7,j7 ,a description of how the eligible entity will encourage students in the group described in subparagraph 7,a7 who fail to graduate from secondary school to continue their education4 7,k7 ,a description of how the eligible entity will evaluate the grant program1 including by collecting1 as applicable1 the following data about the students in the group described in subparagraph 7,a7 during the grant period1 or until the time of graduation from a secondary school1 whichever comes first1 and1 if sufficient grant funds are available1 after the grant period3 7i7 ,attendance rates4 7ii7 ,progress reports4 7iii7 ,grades and course selections4 7iv7 ,the student graduation rate1 as defined in section #aaaa7;b77#b77;,c77vi7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7;b77#b77;,c77vi774 7v7 ,rates of student completion of the ,free ,application for ,federal ,student ,aid described in section #dhc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajij74 7vi7 ,rates of enrollment in an institution of higher education4 7vii7 ,rates of completion at an institution of higher education4 7,l7 ,a description of what will happen to the funds in the college savings account portion of the ,american ,dream ,accounts that are dedicated to participating students described in subparagraph 7,a7 who have not matriculated at an institution of higher education at the time of the conclusion of the period of ,american ,dream ,account management described in subparagraph 7,i71 including how the eligible entity will give students this information4 7,m7 ,a description of how the eligible entity will ensure that funds in the college savings account portion of the ,american ,dream ,accounts will not make families ineligible for public assistance4 7,n7 ,a description of how the eligible entity will ensure that participating students described in subparagraph 7,a7 will have access to the ,internet4 7#c7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to applications from eligible entities that-- 7,a7 are described in subsection 7b77#g77;,g72 7,b7 serve the largest number of low-income students2 7,c7 in the case of an eligible entity described in subparagraph 7,a7 or 7,b7 of subsection 7b77#g71 provide opportunities for participating students described in paragraph 7#b77;,a7 to participate in a dual enrollment program or early college high school program at no cost to the student2 or 7,d7 as of the time of application1 have been awarded a grant under chapter #b of subpart #b of part ,a of title ,,iv of the ,higher ,education ,opportunity ,act 7#bj ,u4,s4,c4 #ajgj;a-#ba et seq47 7commonly referred to as the ,,gear ,,up program74 7e7 ,authorized activities 7#a7 ,in ,general ,an eligible entity that receives a grant under this section shall use such grant funds to establish an ,american ,dream ,account for each participating student described in subsection 7d77#b77;,a71 that will be used to-- 7,a7 open a college savings account for such student2 7,b7 monitor the progress of such student online1 which-- 7i7 shall include monitoring student data relating to-- 7,i7 grades and course selections2 7,,ii7 progress reports2 and 7,,iii7 attendance and disciplinary records2 and 7ii7 may also include monitoring student data relating to a broad range of information1 provided by teachers and family members1 related to postsecondary education readiness1 access1 and completion2 7,c7 provide opportunities for such students1 either online or in person1 to learn about financial literacy1 including by assisting such students in financial planning for enrollment in an institution of higher education2 and 7,d7 provide opportunities for such students1 either online or in person1 to identify skills or interests1 including career interests4 7#b7 ,access to ,american ,dream ,account 7,a7 ,in general ,subject to subparagraphs 7,c7 and 7,d71 and in accordance with applicable ,federal laws and regulations relating to privacy of information and the privacy of children1 an eligible entity that receives a grant under this section shall allow vested stakeholders1 as described in subparagraph 7,b71 to have secure access1 through an ,internet website1 to each ,american ,dream ,account4 7,b7 ,vested stakeholders ,the vested stakeholders that an eligible entity shall permit to access an ,american ,dream ,account are individuals 7such as the student's teachers1 school counselors1 school administrators1 or other individuals7 that are designated1 in accordance with section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g1 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd71 by the parent of a participating student in whose name such ,american ,dream ,account is held1 as having permission to access the account4 ,a student's parent may withdraw such designation from an individual at any time4 7,c7 ,exception for college savings account ,an eligible entity that receives a grant under this section shall not be required to give vested stakeholders1 as described in subparagraph 7,b71 access to the college savings account portion of a student's ,american ,dream ,account4 7,d7 ,adult students ,notwithstanding subparagraphs 7,a71 7,b71 and 7,c71 if a participating student is age #ah or older1 an eligible entity that receives a grant under this section shall not provide access to such participating student's ,american ,dream ,account without the student's consent1 in accordance with section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g1 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd74 7,e7 ,input of student information ,student data collected pursuant to paragraph 7#a77;,b77i7 shall be entered into an ,american ,dream ,account only by a school administrator or the designee of such administrator4 7#c7 ,prohibition on use of student information ,an eligible entity that receives a grant under this section shall not use any student-level information or data for the purpose of soliciting1 advertising1 or marketing any financial or non-financial consumer product or service that is offered by such eligible entity1 or on behalf of any other person4 7#d7 ,prohibition on the use of grant funds ,an eligible entity shall not use grant funds provided under this section to provide the initial deposit into a college savings account portion of a student's ,american ,dream ,account4 7f7 ,reports and evaluations 7#a7 ,in general ,not later than #a year after the ,secretary has disbursed grants under this section1 and annually thereafter until each grant disbursed under subsection 7c7 has ended1 the ,secretary shall prepare and submit a report to the appropriate committees of ,congress1 which shall include an evaluation of the effectiveness of the grant program established under this section4 7#b7 ,contents ,the report described in paragraph 7#a7 shall-- 7,a7 list the grants that have been awarded under subsection 7c77#a72 7,b7 include the number of students who have an ,american ,dream ,account established through a grant awarded under subsection 7c77#a72 7,c7 provide data 7including the interest accrued on college savings accounts that are part of an ,american ,dream ,account7 in the aggregate1 regarding students who have an ,american ,dream ,account established through a grant awarded under subsection 7c77#a71 as compared to similarly situated students who do not have an ,american ,dream ,account2 7,d7 identify best practices developed by the eligible entities receiving grants under this section2 7,e7 identify any issues related to student privacy and stakeholder accessibility to ,american ,dream ,accounts2 7,f7 provide feedback from participating students and the parents of such students about the grant program1 including-- 7i7 the impact of the program2 7ii7 aspects of the program that are successful2 7iii7 aspects of the program that are not successful2 and 7iv7 any other data required by the ,secretary2 and 7,g7 provide recommendations for expanding the ,american ,dream ,accounts program4 7g7 ,eligibility ,to receive ,federal student financial aid ,notwithstanding any other provision of law1 any funds that are in the college savings account portion of a student's ,american ,dream ,account shall not affect such student's eligibility to receive ,federal student financial aid1 including any ,federal student financial aid under the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq471 and shall not be considered in determining the amount of any such ,federal student aid4 7h7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated such sums as may be necessary for fiscal year #bjae and each of the #d succeeding fiscal years4 #aaaj4 ,study on the impact of ,federal financial aid changes on graduate students 7a7 ,in ,general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,education1 acting through the ,director of the ,institute of ,education ,sciences1 shall begin conducting a study of the impact of recent policy changes to title ,,iv of the ,higher ,education ,act of #aife on graduate students4 7b7 ,purpose ,the purpose of the study is to examine the effects of significant changes in ,federal student financial aid policy on access1 affordability1 and labor market outcomes for graduate students4 ,the study shall include an exploration of the impact of the following significant changes3 7#a7 ,the authorization of ,,plus ,loans for graduate students4 7#b7 ,the elimination of ,federal ,direct ,stafford ,loans for graduate students4 7#c7 ,the increase in origination fees due to the sequestration order issued under the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj et seq47 for fiscal year #bjac4 7#d7 ,differentiation in interest rates between undergraduate and graduate ,federal ,direct ,unsubsidized ,stafford loans4 7#e7 ,changes to the income-based repayment plan described under section #dic;,c 7#bj ,u4,s4,c4 #ajih;e74 7c7 ,contents ,the study shall include-- 7#a7 information about the effects of the changes described in subsection 7b7 on graduate students1 disaggregated by the student's age1 race1 ethnicity1 gender1 income1 status as an individual with a disability1 and type of institution of higher education that the graduate student attended for such student's graduate program 7including #b-year or #d-year institution of higher education1 public or private institution of higher education1 and proprietary or nonprofit institution of higher education72 and 7#b7 an examination of the effects of the changes described in subsection 7b7 on-- 7,a7 changes in graduate enrollment patterns 7such as increases or decreases in enrollment72 7,b7 net tuition and fees for graduate students2 7,c7 the aggregate amount of ,federal student loan debt resulting from graduate education1 as a whole and disaggregated by each type of ,federal loan under title ,,iv2 7,d7 the median level of individual student loan debt that is the result of graduate education 7ensuring that the amount of undergraduate student loan debt is distinguished from the amount of graduate student loan debt72 7,e7 default rates1 and the range of amounts of unpaid debt1 for title ,,iv loans for graduate students2 7,f7 the use of each type of loan repayment plan under title ,,iv1 including income-based repayment1 and the median level of graduate student debt for individuals in each repayment plan2 7,g7 the number of individuals who have a graduate degree that enter public service jobs2 7,h7 the level of total educational debt for graduate students1 including ,federal student loans and private education loans2 7,i7 the correlation between high graduate student debt levels and household consumption 7including the purchasing of homes and automobiles7 and retirement savings2 and 7,j7 such other factors as the ,secretary may determine2 7#c7 an analysis of how the effects of the changes described in subsection 7b7 differ according to-- 7,a7 whether an individual was or is attending graduate school on a full-time or part-time basis2 and 7,b7 whether an individual has or is pursuing a master's degree1 a doctorate research degree1 or a doctorate professional practice degree2 7#d7 a detailed explanation of the impact of such changes on students who were eligible for a ,federal ,pell ,grant as an undergraduate student1 women1 and traditionally underrepresented populations2 and 7#e7 policy recommendations designed to improve access1 affordability1 and labor market outcomes for graduate students4 7d7 ,reports 7#a7 ,interim ,reports ,not later than #ah months after the commencement of the study described under this section1 and annually thereafter1 the ,secretary shall evaluate the progress of the study and report any short-term findings to the appropriate committees of ,congress4 7#b7 ,final report ,upon completion of the study described under this section1 the ,secretary shall prepare and submit a final report regarding the findings of the study to the appropriate committees of ,congress4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year #bjae and each of the #d succeeding fiscal years4