,,ii #aacth ,,congress #ast ,session ,s4 #djf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bh1 #bjac ,mr4 ,lautenberg 7for himself1 ,mr4 ,harkin1 ,mr4 ,rockefeller1 and ,mr4 ,durbin7 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 provide for new program review requirements4 #a4 ,short title ,this ,act may be cited as the ,students ,first ,act of #bjac4 #b4 ,program ,review and ,data 7a7 ,in general ,section #dih;,a of the ,higher ,education ,act of #aife 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 ,default manipulation 7,a7 ,in general ,the term default manipulation means the knowing and willful engagement in practices designed to evade sanctions resulting from the application of a default rate determination to an institution1 such as branching1 consolidation of campuses or ,office of ,postsecondary ,education ,identification codes that designate campuses1 change of ownership or control1 serial forbearance1 or any similar device or practice1 as determined by the ,secretary4 7,b7 ,exclusion ,the term default manipulation shall not include a practice carried out in accordance with a default management plan that has been approved by the ,secretary4 7#b7 ,executive compensation ,the term executive compensation 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 employees who are among the #be highest compensated employees for the taxable year4 7#c7 ,federal funds ,the term ,federal 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 ,this title4 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 seq474 7,f7 ,the ,adult ,education and ,family ,literacy ,act 7#bj ,u4,s4,c4 #ibja et seq474 7#d7 ,recruiting and marketing activities 7,a7 ,in general ,the term recruiting and marketing activities means-- 7i7 advertising and promotion activities1 including naming rights1 paid announcements in newspapers1 magazines1 or electronic media1 on radio1 television1 or billboards1 or through any other public medium of communication1 or paying for displays or promotions at job fairs1 military installations1 or college recruiting events2 7ii7 efforts to identify and attract prospective students1 either directly or through a contractor or other third party1 including contact concerning a prospective student's potential enrollment or application for a grant or loan or work assistance under this title1 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 or by other internet communications regarding enrollment2 and 7,,ii7 soliciting an individual to provide contact information to an institution of higher education1 including websites established for such purpose and funds paid to third parties for such purpose2 and 7iii7 such other activities as the ,secretary may prescribe1 including paying for promotion or sponsorship of education or military-related associations4 7,b7 ,exceptions ,any activity that is required as a condition of receipt of funds by an institution under this title or is specifically authorized under this title1 shall not be considered to be a recruiting or marketing activity under subparagraph 7,a74 7#e7 ,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 ,consumer ,financial ,protection ,bureau2 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#f7 ,relevant ,state entity or agency ,the term relevant ,state entity or agency means-- 7,a7 an appropriate ,state licensing or authorizing agency2 7,b7 a ,state ,attorney ,general2 or 7,c7 any other ,state entity or agency that the ,secretary determines appropriate4 7#g7 ,serial forbearance ,the term serial forbearance means repeatedly attempting to move students' loans into forbearance or default management1 especially when the forbearance and default management is not in the best1 long term financial interests of the student4 7#h7 ,student default risk ,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 7b7 ,program reviews for institutions participating under title ,,iv 7#a7 ,in general ,the ,secretary shall conduct program reviews1 including on-site visits1 of each institution of higher education participating in a program authorized under this title 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 twice the average cohort default rate of all institutions participating in programs authorized under this title4 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 average2 and 7,,ii7 the institution has a cohort default rate1 as so defined1 in dollar volume that places the institution in the highest #a percent of institutions participating in programs authorized under this title4 7iii7 ,in the case of proprietary institutions of higher education1 the institution received more than #he percent of the institution's revenues from ,federal funds1 as defined in subsection 7a71 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 system for collecting and tracking student complaints established under subsection 7e77#d74 7v7 ,as of the date of the determination1 the institution is among the top #a percent of institutions in terms of low graduation rates 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 ,the institution's enrollment has increased by more than #ej percent in #b years or has more than doubled in #e years4 7viii7 ,the institution has engaged in default manipulation4 7ix7 ,in the period immediately following the cohort default rate period1 the institution's loan defaults increase by #ej percent or more4 7x7 ,the institution is found to have deficiencies1 or compliance problems1 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 ,states4 7xi7 ,the institution has been put on probation or show cause by its accrediting agency4 7xii7 ,the institution or the institution's executives have publically acknowledged or disclosed that the institution is in violation or noncompliance with any provision of this title4 7,b7 ,publication of institutions reviewed ,the ,secretary shall-- 7i7 post1 on a publically 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 outlined in subparagraph 7,a71 such institution met2 and 7iii7 indicate on the ,department's ,college ,navigator website 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 ,department 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 ,department has issued its final program review report under subsection 7c77#e77;,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 ,department has issued its final program review report under subsection 7c77#e77;,c71 whichever occurs sooner4 7#c7 ,risk-based reviews 7,a7 ,in general ,the ,secretary shall use a risk-based approach to select 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 subsection 7a72 7iii7 have a significant fluctuation in ,federal ,stafford ,loan volume1 ,federal ,direct ,stafford ,loan volume1 or ,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 the changes in the ,federal ,stafford ,loan program1 the ,federal ,direct ,stafford ,loan program1 or 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 high default rates1 in dollar volume1 or high cohort default rates for loans issued under this title2 7vii7 have a student default risk that is more than #b times the national average 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 system for collecting and tracking student complaints established under subsection 7e77#d72 7ix7 have extremely low graduation rates2 7x7 are in poor financial health according to financial responsibility standards described in section #dih7;c72 7xi7 are spending more than #ae percent 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 in the case of proprietary institutions of higher education1 have experienced a change in ownership of the institution1 including a buyout2 7xv7 in the case of proprietary institutions of higher education1 have acquired a nonprofit institution of higher education at any point during the #a-year period preceding the date of the determination2 or 7xvi7 were for-profit institutions of higher education and have become non-profit institutions of higher education at any time during the #a-year period preceding the date of the determination4 7,b7 ,change in ownership ,in this paragraph1 the term change in ownership means #a person or more than #a person acting as a group1 acquiring an ownership interest or a majority of the stock of the institution that1 in the aggregate1 constitutes more than #ej percent of the total fair market value or total voting power1 as applicable1 of such institution4 7#d7 ,additional program reviews ,the ,secretary may also conduct additional program reviews of institutions of higher education participating in a program authorized under this title that are not determined to pose a significant risk of failure to comply with provisions of this title4 7#e7 ,public disclosure of violations ,the ,secretary shall-- 7,a7 post1 on a publically available website1 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#e77;,c7 with respect to such institution1 whichever date is later4 7#f7 ,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#e77;,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#e77;,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 ,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 the ,secretary shall share all final program review results 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 ,coordination of reviews ,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 ,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 ,the program reviews 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 substantial misrepresentation of the nature of its educational program1 its financial charges1 or the employability of its graduates2 or 7iv7 violated the ,department's program integrity regulations4 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 subsection 7e77#d74 7#e7 ,administrative process 7,a7 ,training ,the ,secretary shall provide training 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 ,in providing the training1 the ,secretary shall not use funds appropriated to carry out this title4 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 this section1 section #dih1 or section #dcb2 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 report 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 report or audit determination4 ,the final report 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 report or 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 report 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 7iii7 ,reports disclosed to the institution ,the ,secretary shall promptly disclose each program review report to the institution of higher education under review4 7iv7 ,removal of personally identifiable information ,any personally identifiable information from the education records of students shall be removed from any program review report before the report is shared with any relevant ,federal agency1 ,state entity or agency1 or accrediting agency or association4 7,d7 ,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 review4 7d7 ,sanctions 7#a7 ,in general ,the ,secretary shall immediately sanction any institution of higher education that1 after the full program review process under this section1 is found to have violated a provision of this title4 7#b7 ,available sanctions 7,a7 ,criteria 7i7 ,in general ,not later than #ahj days after the date of enactment of the ,students ,first ,act of #bjab1 the ,secretary shall establish in regulations1 without regard to sections #dhb7;c7 and #dib1 section #dcg of the ,general ,education ,provisions ,act1 and section #eec of title #e1 ,united ,states ,code1 a comprehensive methodology and criteria for sanctions against institutions of higher education that1 after the full program review process under this section1 are found to have violated a provision of this title4 7ii7 ,parameters of sanctions ,the sanctions described in clause 7i7 shall-- 7,i7 be in addition to other sanctions available to the ,secretary under this ,act2 and 7,,ii7 take into account-- 7aa7 the severity of the violation of this title2 7bb7 whether the institution violated this title knowingly and willfully or with gross negligence2 7cc7 whether the violation represents a persistent and documented pattern of violating this title2 and 7dd7 the extent of the harm or potential harm that such violations caused or had the potential to cause upon students and borrowers4 7,b7 ,sanctions for failure to comply with the program review process ,the ,secretary may sanction an institution that fails to fully comply with the program review process described in this section1 including the reporting requirements described in paragraphs 7#b77;,c7 and 7#f7 of subsection 7b74 7,c7 ,waiver ,the ,secretary may waive sanctions described in subparagraph 7,a7 with respect to an institution that has committed a minor violation of a provision of this title if-- 7i7 the violation was not committed knowingly and willfully or with gross negligence2 and 7ii7 the violation has been rectified by such institution not later than #fj days after publication of the institution's final program review report4 7#c7 ,revocation of title iv eligibility ,notwithstanding section #dhg7;d77#b71 the ,secretary shall revoke the eligibility to participate in student aid programs under this title of an institution of higher education that1 after undergoing a program review1 is determined to have-- 7,a7 knowingly and willfully misused ,federal student aid from any source2 7,b7 violated section #dhg7;a77#bj72 7,c7 engaged in substantial misrepresentation of the nature of its educational program1 its financial charges1 or the employability of its graduates2 or 7,d7 violated the ,department's program integrity regulations4 7#d7 ,sanctions for officers of institutions 7,a7 ,officer ,in this paragraph1 the term officer of an institution of higher education includes the ,president1 ,chief ,executive ,officer1 and ,chief ,financial ,officer of an institution of higher education4 7,b7 ,sanctions ,the ,secretary shall extend sanctions1 including financial penalties1 to an officer of an institution of higher education that participates in a program under this title that knowingly and willfully or with gross negligence1 violates a provision of this title4 ,such sanctions shall include-- 7i7 prohibiting an officer of an institution of higher education that has knowingly and willfully or with gross negligence violated a provision of this title from being employed by such institution or another institution of higher education that participates in a program under this title for a period of #e years from the date of the determination of the violation2 and 7ii7 assessing a financial penalty against an officer of an institution of higher education that has knowingly and willfully or with gross negligence violated a provision of this title that is equal to the officer's annual compensation for the year for which the determination is made4 7#e7 ,financial penalties for institutions 7,a7 ,in general ,with respect to each institution of higher education for which the ,secretary has revoked eligibility to participate in student aid programs under this title or has determined to have violated this title knowingly and willfully or with gross negligence1 the ,secretary shall assign penalties of not less than #bj percent of the amount of funds received by the institution from ,federal funds1 as defined in subsection 7a71 for the last year for which data are available1 which1 notwithstanding any other provision of law1 shall be retained by the ,secretary and placed in the ,student ,relief ,fund established by the ,secretary under subparagraph 7,c74 7,b7 ,penalties for institutions that do not have title iv eligibility revoked ,notwithstanding any other provision of law1 with respect to each institution of higher education that has violated a provision of this title and for which the ,secretary has determined has harmed a student or the taxpayers but is not an institution described in subparagraph 7,a71 the ,secretary shall assign penalties of not more than #ajj1jjj1 which shall be retained by the ,secretary and placed in the ,student ,relief ,fund established by the ,secretary under subparagraph 7,c74 7,c7 ,student relief fund 7i7 ,establishment ,the ,secretary shall establish a ,student ,relief ,fund that shall be used1 subject to the availability of funds1 to provide financial relief1 in a manner determined by the ,secretary and which may include relief such as tuition reimbursement or full or partial loan forgiveness1 to any student enrolled in an institution of higher education that has failed to comply with the standards and agreements created for program participation eligibility under section #dhg or has been sanctioned under this subsection4 7ii7 ,authorization of appropriations ,in addition to funds derived from financial penalties assessed pursuant to subparagraph 7,a71 there are authorized to be appropriated such sums as may be necessary to carry out this subparagraph4 7#f7 ,lifting of sanctions ,notwithstanding any other provision of this title1 an institution of higher education that has been sanctioned by the ,secretary under this subsection or any other provision of this title may not have such sanctions lifted until the ,secretary has conducted a subsequent follow-up review and found the institution to be in compliance with this title4 7e7 ,data collection and complaint tracking 7#a7 ,establishment of database ,the ,secretary shall establish and operate a central database of information on institutional accreditation1 eligibility1 and certification that includes all relevant information-- 7,a7 available to the ,department2 7,b7 made available to the ,secretary by the heads of relevant ,federal agencies2 7,c7 from accrediting agencies or associations2 and 7,d7 available from a guaranty agency4 7#b7 ,development of plan ,in order to carry out the responsibilities described in paragraph 7#a71 the ,secretary shall develop a plan to carry out and collect all relevant information4 7#c7 ,information available ,the ,secretary shall make the information obtained pursuant to paragraph 7#a7 readily available to the relevant ,federal agencies and relevant ,state entities or agencies1 all institutions of higher education1 guaranty agencies1 ,states1 and other organizations participating in the programs authorized under this title4 7#d7 ,complaint tracking 7,a7 ,establishment of complaint tracking system ,the ,secretary shall establish a single1 toll-free telephone number1 a website1 and a database1 to facilitate the centralized collection of1 monitoring of1 and response to student and staff complaints regarding ,federal student financial aid1 educational practices and services1 and recruiting and marketing practices4 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 subparagraph 7,a74 7,c7 ,sharing information with federal agencies ,the ,secretary shall coordinate with relevant ,federal agencies to collect complaints from and route complaints to such agencies1 as appropriate1 with respect to educational products or services4 7,d7 ,participation of institutions 7i7 ,in general ,the ,secretary shall communicate with an institution of higher education about complaints received through the complaint tracking system with respect to such institution4 7ii7 ,summary ,without sharing any 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 the ,secretary shall provide a summary to an institution of higher education1 at least once a year1 of the numbers and types of complaints that have been filed with respect to such institution4 7iii7 ,sharing individual complaints ,notwithstanding any other provision of law1 the ,secretary may share a complaint and the information of the individual submitting the complaint with the institution against which the complaint has been filed1 if such individual who has filed the complaint affirms that the ,secretary may share that individual's personal information and complaint with the institution4 7iv7 ,responses from institutions ,the ,secretary shall-- 7,i7 provide an institution with #ij days to respond to a complaint filed with respect to the institution with the complaint tracking system established under subparagraph 7,a72 and 7,,ii7 consider such response and any resolution of the complaint when utilizing the information from the complaint during a program review4 7#e7 ,data sharing required ,the ,secretary shall share consumer complaint information with1 and collect such information from1 relevant ,federal agencies and relevant ,state entities or agencies regarding educational products or services1 in accordance with applicable data privacy laws and regulations1 except that any personally identifiable information from the education records of students shall not be shared4 7#f7 ,transparency ,the ,secretary shall publish on a publically accessible website information and analyses about complaint numbers1 complaint types1 and1 where applicable1 information about the resolution of complaints collected under this subsection4 4 7b7 ,program participation agreements ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77 is amended by adding at the end the following3 7#cj7 ,the ,president1 ,chief ,executive ,officer1 and ,chief ,financial ,officer of the institution shall each-- 7,a7 personally sign each program participation agreement for the institution2 and 7,b7 be liable for the institution's compliance with such agreement and with the provisions of this title1 as provided in section #dih;,a7d77#d74 4