,,ii  #aacth ,,congress  #b;d ,session  
,s4 #biic  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #aj1 
#bjad ,mr4 ,murphy 7for himself and ,mr4
 ,harkin7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,health1 ,education1  
,labor1 and ,pensions  ,a ,,bill  ,to   
amend the ,higher ,education ,act of    
#aife to improve the determination of   
cohort default rates and provide for    
enhanced civil penalties1 and to        
authorize the establishment of an       
institutional risk-sharing commission4  
#a4 ,short title  ,this ,act may be     
cited as the ,students ,before ,profits 
,act4  #b4 ,improved determination of   
cohort default rates ,section #dce 7#bj 
,u4,s4,c4 #ajhe7 is amended--  7#a7 in  
subsection 7a77#b71 by adding at the end
 the following3  7,e7 7i7 ,in any case  
where the ,secretary has determined that
 the institution has engaged in default 
manipulation1 the ,secretary-- 7,i7     
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  7,,ii7 using the         
recalculated cohort default rate1 shall 
redetermine whether the institution is  
ineligible to participate in a program  
under this title4  7ii7 ,in this        
section1 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 this section or student 
default risk sanctions under section    

#dhi;,a4  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  #c4 ,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 subsection       
7b77#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  #d4 ,civil    
penalties ,part ,g of title ,,iv of the 
,higher ,education ,act of #aife 7#bj   
,u4,s4,c4 #ajhh et seq47 is 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 ,a knowing and
 willful misuse of ,federal student aid 
from any source4  7,c7 ,a violation of  
section #dhg7;a77#bj74  7,d7 ,a         
violation of the default manipulation   
regulations promulgated by the          
,secretary under section #dce7m77#c74   
7,e7 ,failure to comply with the program
 review process described in section    
#dih;,a1 including any disclosure       
requirement described in paragraph 7#b7 
or 7#e7 of section #dih;,a7b74  7,f7 ,a 
violation of the program integrity      
regulations promulgated by the          
,secretary under this ,act4  7,g7 ,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 
under 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    
paragraph1 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  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 subparagraph 7,a7  
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    
subsection 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 ,students ,before     
,profits ,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 #e 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        
paragraph 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