,,ib ,union ,calendar ,no4 #dac #aaeth ,,congress #b;d ,session ,h4 ,r4 #dejh ,report ,no4 #aae-eej ,,in ,,the ,,house ,,of ,,representatives ,december #a1 #bjag ,ms4 ,foxx 7for herself and ,mr4 ,guthrie7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,february #h1 #bjah ,additional sponsors3 ,mr4 ,wilson of ,south ,carolina1 ,mr4 ,hunter1 ,mr4 ,roe of ,tennessee1 ,mr4 ,thompson of ,pennsylvania1 ,mr4 ,walberg1 ,mr4 ,rokita1 ,mr4 ,barletta1 ,mr4 ,messer1 ,mr4 ,byrne1 ,mr4 ,brat1 ,ms4 ,stefanik1 ,mr4 ,allen1 ,mr4 ,lewis of ,minnesota1 ,mr4 ,francis ,rooney of ,florida1 ,mr4 ,mitchell1 ,mr4 ,garrett1 ,mr4 ,smucker1 ,mr4 ,ferguson1 ,mr4 ,estes of ,kansas1 and ,mrs4 ,handel ,february #h1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,december #a1 #bjag ,a ,,bill ,to support students in completing an affordable postsecondary education that will prepare them to enter the workforce with the skills they need for lifelong success4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,promoting ,real ,opportunity1 ,success1 and ,prosperity through ,education ,reform ,act or the ,,prosper ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,references4 ,sec4 #c4 ,general effective date4 ,title ,i--,general provisions ,part ,a--,definitions ,sec4 #aja4 ,definition of institution of higher education4 ,sec4 #ajb4 ,institutions outside the ,united ,states4 ,sec4 #ajc4 ,additional definitions4 ,sec4 #ajd4 ,regulatory relief4 ,part ,b--,additional ,general ,provisions ,sec4 #aaa4 ,free speech protections4 ,sec4 #aab4 ,sense of ,congress on inclusion and respect4 ,sec4 #aac4 ,national ,advisory ,committee on ,institutional ,quality and ,integrity4 ,sec4 #aad4 ,repeal of certain reporting requirements4 ,sec4 #aae4 ,programs on drug and alcohol abuse prevention4 ,sec4 #aaf4 ,campus access for religious groups4 ,sec4 #aag4 ,secretarial prohibitions4 ,sec4 #aah4 ,ensuring equal treatment by governmental entities4 ,sec4 #aai4 ,single-sex social student organizations4 ,sec4 #abj4 ,department staff4 ,sec4 #abj;,a4 ,department of ,homeland ,security ,recruiting on ,campus4 ,part ,c--,cost of ,higher ,education ,sec4 #aba4 ,college ,dashboard website4 ,sec4 #abb4 ,net price calculators4 ,sec4 #abc4 ,text book information4 ,sec4 #abd4 ,review of current data collection and feasibility study of improved data collection4 ,part ,d--,administrative ,provisions for ,delivery of ,student ,financial ,assistance ,sec4 #aca4 ,performance-based organization for the delivery of ,federal student financial assistance4 ,sec4 #acb4 ,administrative data transparency4 ,sec4 #acc4 ,report by ,,gao on transfer of functions of the ,office of ,federal ,student ,aid to the ,department of ,treasury4 ,part ,e--,lender and ,institution ,requirements ,relating to ,education ,loans ,sec4 #ada4 ,modification of preferred lender arrangements4 ,part ,f--,addressing sexual assault ,sec4 #aea4 ,addressing sexual assault4 ,title ,,ii--,expanding ,access to ,in-,demand ,apprenticeships ,sec4 #bja4 ,repeal4 ,sec4 #bjb4 ,grants for access to high-demand careers4 ,title ,,iii--,institutional ,aid ,sec4 #cja4 ,strengthening institutions4 ,sec4 #cjb4 ,strengthening historically ,black colleges and universities4 ,sec4 #cjc4 ,historically ,black college and university capital financing4 ,sec4 #cjd4 ,minority ,science and ,engineering ,improvement ,program4 ,sec4 #cje4 ,strengthening historically ,black colleges and universities and other minority-serving institutions4 ,sec4 #cjf4 ,general provisions4 ,title ,,iv--,,student ,,assistance ,part ,a--,grants to ,students in ,attendance at ,institutions of ,higher ,education ,sec4 #dja4 ,federal ,pell ,grants4 ,sec4 #djb4 ,federal ,,trio programs4 ,sec4 #djc4 ,gaining early awareness and readiness for undergraduate programs4 ,sec4 #djd4 ,special programs for students whose families are engaged in migrant and seasonal farmwork4 ,sec4 #dje4 ,child care access means parents in school4 ,sec4 #djf4 ,repeals4 ,sec4 #djg4 ,sunset of ,,teach grants4 ,part ,b--,federal ,family ,education ,loan ,program ,sec4 #dba4 ,federal ,direct ,consolidation ,loans4 ,sec4 #dbb4 ,loan rehabilitation4 ,sec4 #dbc4 ,loan forgiveness for teachers4 ,sec4 #dbd4 ,loan forgiveness for service in areas of national need4 ,sec4 #dbe4 ,loan repayment for civil legal assistance attorneys4 ,sec4 #dbf4 ,sunset of cohort default rate and other conforming changes4 ,sec4 #dbg4 ,additional disclosures4 ,sec4 #dbh4 ,closed school and other discharges4 ,part ,c--,federal ,work-,study ,programs ,sec4 #dda4 ,purpose2 authorization of appropriations4 ,sec4 #ddb4 ,allocation formula4 ,sec4 #ddc4 ,grants for ,federal work-study programs4 ,sec4 #ddd4 ,flexible use of funds4 ,sec4 #dde4 ,job location and development programs4 ,sec4 #ddf4 ,community service4 ,sec4 #ddg4 ,work colleges4 ,part ,d--,federal ,direct ,student ,loan ,program ,sec4 #dea4 ,termination of ,federal ,direct ,loan ,program under part ,d and other conforming amendments4 ,sec4 #deb4 ,borrower defenses4 ,sec4 #dec4 ,plain language disclosure form4 ,sec4 #ded4 ,administrative expenses4 ,sec4 #dee4 ,loan cancellation for teachers4 ,part ,e--,federal ,,one ,loans ,sec4 #dfa4 ,wind-down of ,federal ,perkins ,loan ,program4 ,sec4 #dfb4 ,federal ,,one ,loan program4 ,part ,f--,need ,analysis ,sec4 #dga4 ,cost of attendance4 ,sec4 #dgb4 ,simplified needs test4 ,sec4 #dgc4 ,discretion of student financial aid administrators4 ,sec4 #dgd4 ,definitions of total income and assets4 ,part ,g--,general ,provisions ,relating to ,student ,assistance ,sec4 #dha4 ,definitions of academic year and eligible program4 ,sec4 #dhb4 ,programmatic loan repayment rates4 ,sec4 #dhc4 ,master calendar4 ,sec4 #dhd4 ,,fafsa ,simplification4 ,sec4 #dhe4 ,student eligibility4 ,sec4 #dhf4 ,statute of limitations4 ,sec4 #dhg4 ,institutional refunds4 ,sec4 #dhh4 ,information disseminated to prospective and enrolled students4 ,sec4 #dhi4 ,early awareness of financial aid eligibility4 ,sec4 #dij4 ,distance education demonstration programs4 ,sec4 #dia4 ,contents of program participation agreements4 ,sec4 #dib4 ,regulatory relief and improvement4 ,sec4 #dic4 ,transfer of allotments4 ,sec4 #did4 ,administrative expenses4 ,sec4 #did;,a4 ,repeal of advisory committee4 ,sec4 #did;,b4 ,regional meetings and negotiated rulemaking4 ,sec4 #did;,c4 ,report to ,congress4 ,sec4 #did;,d4 ,deferral of loan repayment following active duty4 ,sec4 #did;,e4 ,contracts2 matching program4 ,part ,h--,program ,integrity ,sec4 #die4 ,repeal of and prohibition on ,state authorization regulations4 ,sec4 #dif4 ,recognition of accrediting agency or association4 ,sec4 #dig4 ,eligibility and certification procedures4 ,title ,v--,developing ,institutions ,sec4 #eja4 ,hispanic-serving institutions4 ,sec4 #ejb4 ,promoting postbaccalaureate opportunities for ,hispanic ,americans4 ,sec4 #ejc4 ,general provisions4 ,title ,,vi--,international ,education ,programs ,sec4 #fja4 ,international and foreign language studies4 ,sec4 #fjb4 ,business and international education programs4 ,sec4 #fjc4 ,repeal of assistance program for ,institute for ,international ,public ,policy4 ,sec4 #fjd4 ,general provisions4 ,title ,,vii--,graduate and postsecondary improvement programs ,sec4 #gja4 ,graduate education programs4 ,sec4 #gjb4 ,repeal of ,fund for the ,improvement of ,postsecondary ,education4 ,sec4 #gjc4 ,programs for students with disabilities4 ,sec4 #gjd4 ,repeal of college access challenge grant program4 ,title ,,viii--,other ,repeals ,sec4 #hja4 ,repeal of additional programs4 ,title ,,ix--,amendments to other laws ,part ,a--,education of the ,deaf ,act of #aihf ,sec4 #ija4 ,education of the ,deaf ,act of #aihf4 ,part ,b--,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh2 ,dine ,college ,act ,sec4 #iaa4 ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh4 ,sec4 #iab4 ,dine ,college ,act4 ,part ,c--,general ,education ,provisions ,act ,sec4 #iba4 ,release of education records to facilitate the award of a recognized postsecondary credential4 #b4 ,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 #c4 ,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 ,a ,definitions #aja4 ,definition of institution of higher education ,part ,a of title ,i 7#bj ,u4,s4,c4 #ajja et seq47 is amended by striking section #aja 7#bj ,u4,s4,c4 #ajja7 and inserting the following3 #aja4 ,definition of institution of higher education 7a7 ,institution of higher education ,for purposes of this ,act1 the term institution of higher education means an educational institution in any ,state that-- 7#a7 admits as regular students only persons who-- 7,a7 have a certificate of graduation from a school providing secondary education1 or the recognized equivalent of such a certificate1 or who meet the requirements of section #dhd7;d72 7,b7 are beyond the age of compulsory school attendance in the ,state in which the institution is located2 or 7,c7 will be dually or concurrently enrolled in the institution and a secondary school2 7#b7 is legally authorized by the ,state in which it maintains a physical location to provide a program of education beyond secondary education2 7#c7 7,a7 is accredited by a nationally recognized accrediting agency or association2 or 7,b7 if not so accredited1 is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the ,secretary for the granting of preaccreditation status1 and the ,secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time2 and 7#d7 provides-- 7,a7 an educational program for which the institution awards a bachelor's degree1 graduate degree1 or professional degree2 7,b7 not less than a #b-year educational program which is acceptable for full credit towards a bachelor's degree2 or 7,c7 a non-degree program leading to a recognized educational credential that meets the definition of an eligible program under section #dha7;b74 7b7 ,additional limitations 7#a7 ,proprietary institutions of higher education 7,a7 ,length of existence ,a proprietary institution shall not be considered an institution of higher education unless such institution has been in existence for at least #b years4 7,b7 ,institutional ineligibility for minority serving institution programs ,a proprietary institution shall not be considered an institution of higher education for the purposes of any program under title ,,iii or ,v4 7#b7 ,postsecondary vocational institutions ,a nonprofit or public institution that offers only non-degree programs described in subsection 7a77#d77;,c7 shall not be considered an institution of higher education unless such institution has been in existence for at least #b years4 7#c7 ,limitations based on management ,an institution shall not be considered an institution of higher education if-- 7,a7 the institution1 or an affiliate of the institution that has the power1 by contract or ownership interest1 to direct or cause the direction of the management or policies of the institution1 has filed for bankruptcy2 or 7,b7 the institution1 the institution's owner1 or the institution's chief executive officer has been convicted of1 or has pled nolo contendere or guilty to1 a crime involving the acquisition1 use1 or expenditure of ,federal funds1 or has been judicially determined to have committed a crime involving the acquisition1 use1 or expenditure involving ,federal funds4 7#d7 ,limitation on course of study or enrollment ,an institution shall not be considered an institution of higher education if such institution-- 7,a7 offers more than #ej percent of such institution's courses by correspondence education1 unless the institution is an institution that meets the definition in section #c7c77;,c7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf2 7,b7 enrolls #ej percent or more of the institution's students in correspondence education courses1 unless the institution is an institution that meets the definition in section #c7c77;,c7 of such ,act2 7,c7 has a student enrollment in which more than #be percent of the students are incarcerated1 except that the ,secretary may waive the limitation contained in this subparagraph for an institution that provides a #b- or #d-year program of instruction 7or both7 for which the institution awards an associate's degree or a postsecondary certificate1 or a bachelor's degree1 respectively2 or 7,d7 has a student enrollment in which more than #ej percent of the students either do not have a secondary school diploma or its recognized equivalent1 or do not meet the requirements of section #dhd7;d71 and does not provide a #b- or #d-year program of instruction 7or both7 for which the institution awards an associate's degree or a bachelor's degree1 respectively1 except that the ,secretary may waive the limitation contained in this subparagraph if an institution demonstrates to the satisfaction of the ,secretary that the institution exceeds such limitation because the institution serves1 through contracts with ,federal1 ,state1 or local government agencies1 significant numbers of students who do not have a secondary school diploma or its recognized equivalent or do not meet the requirements of section #dhd7;d74 7c7 ,list of accrediting agencies ,for purposes of this section1 the ,secretary shall publish a list of nationally recognized accrediting agencies or associations that the ,secretary determines1 pursuant to subpart #b of part ,h of title ,,iv1 to be reliable authority as to the quality of the education offered4 7d7 ,certification ,the ,secretary shall certify1 for the purposes of participation in title ,,iv1 an institution's qualification as an institution of higher education in accordance with the requirements of subpart #c of part ,h of title ,,iv4 7e7 ,loss of eligibility ,an institution of higher education shall not be considered to meet the definition of an institution of higher education for the purposes of participation in title ,,iv if such institution is removed from eligibility for funds under title ,,iv as a result of an action pursuant to part ,h of title ,,iv4 7f7 ,rule of construction ,nothing in subsection 7a77#b7 relating to ,state authorization shall be construed to-- 7#a7 impede or preempt ,state laws1 regulations1 or requirements on how ,states authorize out-of-state institutions of higher education2 or 7#b7 limit1 impede1 or preclude a ,state's ability to collaborate or participate in a reciprocity agreement to permit an institution within such ,state to meet any other ,state's authorization requirements for out-of-state institutions4 4 #ajb4 ,institutions outside the ,united ,states ,part ,a of title ,i 7#bj ,u4,s4,c4 #ajja et seq47 is further amended by striking section #ajb 7#bj ,u4,s4,c4 #ajjb7 and inserting the following3 #ajb4 ,institutions outside the ,united ,states 7a7 ,institutions outside the ,united ,states 7#a7 ,in general ,only for purposes of part ,d or ,e of title ,,iv1 the term institution of higher education includes an institution outside the ,united ,states 7referred to in this part as a foreign institution7 that is comparable to an institution of higher education as defined in section #aja and has been approved by the ,secretary for purposes of part ,d or ,e of title ,,iv1 consistent with the requirements of section #deb7;d74 7#b7 ,qualifications ,only for the purposes of students receiving aid under title ,,iv1 an institution of higher education may not qualify as a foreign institution under paragraph 7#a71 unless such institution-- 7,a7 is legally authorized to provide an educational program beyond secondary education by the education ministry 7or comparable agency7 of the country in which the institution is located2 7,b7 is not located in a ,state2 7,c7 except as provided with respect to clinical training offered by the institution under #fjj4ee7;h77#a71 section #fjj4ef7;b71 or section #fjj4eg7;a77#b7 of title #cd1 ,code of ,federal ,regulations 7as in effect pursuant to subsection 7b77-- 7i7 does not offer any portion of an educational program in the ,united ,states to students who are citizens of the ,united ,states2 7ii7 has no written arrangements with an institution or organization located in the ,united ,states under which students enrolling at the foreign institution would take courses from an institution located in the ,united ,states2 and 7iii7 does not allow students to enroll in any course offered by the foreign institution in the ,united ,states1 including research1 work1 internship1 externship1 or special studies within the ,united ,states1 except that independent research done by an individual student in the ,united ,states for not more than one academic year is permitted1 if the research is conducted during the dissertation phase of a doctoral program under the guidance of faculty and the research is performed at a facility in the ,united ,states2 7,d7 awards degrees1 certificates1 or other recognized educational credentials in accordance with section #fjj4ed7;e7 of title #cd1 ,code of ,federal ,regulations 7as in effect pursuant to subsection 7b77 that are officially recognized by the country in which the institution is located2 and 7,e7 meets the applicable requirements of subsection 7b74 7#c7 ,institutions with locations in and outside the ,united ,states ,in a case of an institution of higher education consisting of two or more locations offering all or part of an educational program that are directly or indirectly under common ownership and that enrolls students both within a ,state and outside the ,united ,states1 and the number of students who would be eligible to receive funds under title ,,iv attending locations of such institution outside the ,united ,states1 is at least twice the number of students enrolled within a ,state-- 7,a7 the locations outside the ,united ,states shall apply to participate as one or more foreign institutions and shall meet the requirements of paragraph 7#a7 of this definition1 and the other requirements of this part2 and 7,b7 the locations within a ,state shall be treated as an institution of higher education under section #aja4 7b7 ,treatment of certain regulations 7#a7 ,force and effect 7,a7 ,in general ,the provisions of title #cd1 ,code of ,federal ,regulations1 referred to in subparagraph 7,b71 as such provisions were in effect on the day before the date of the enactment of the ,,prosper ,act1 shall have the force and effect of enacted law until changed by such law and are deemed to be incorporated in this subsection as though set forth fully in this subsection4 7,b7 ,applicable provisions ,the provisions of title #cd1 ,code of ,federal ,regulations1 referred to in this subparagraph are the following3 7i7 ,subject to paragraph 7#b77;,a71 section #fjj4da7;e77#c74 7ii7 ,subject to paragraph 7#b77;,b71 section #fjj4eb4 7iii7 ,subject to paragraph 7#b77;,c71 section #fjj4ed4 7iv7 ,subject to subparagraphs 7,d7 and 7,e7 of paragraph 7#b71 section #fjj4ee1 except that paragraph 7#d7 of subsection 7f7 of such section shall have no force or effect4 7v7 ,section #fjj4ef4 7vi7 ,subject to paragraph 7#b77;,f71 section #fjj4eg4 7vii7 ,subject to subparagraphs 7,g7 and 7,h7 of paragraph 7#b71 section #ffh4bc7;h71 except that clause 7iii7 of paragraph 7#a7 of such section shall have no force or effect4 7viii7 ,section #ffh4e4 7,c7 ,application to ,federal ,,one ,loans ,with respect to the provisions of title #cd1 ,code of ,federal ,regulations1 referred to subparagraph 7,b71 as modified by paragraph 7#b7 any reference to a loan made under part ,d of title ,,iv shall also be treated as a reference to a loan made under part ,e of title ,,iv4 7#b7 ,modifications ,the following shall apply to the provisions of title #cd1 ,code of ,federal ,regulations1 referred to in paragraph 7#a77;,b73 7,a7 ,notwithstanding section #fjj4da7;e77#c7 of title #cd1 ,code of ,federal ,regulations 7as in effect pursuant to paragraph 7#a771 if the basis for the loss of eligibility of a foreign graduate medical school to participate in programs under title ,,iv is one or more annual pass rates on the ,united ,states ,medical ,licensing ,examination below the threshold required in subparagraph 7,d7 the sole issue is whether the aggregate pass rate for the preceding calendar year fell below that threshold4 ,for purposes of the preceding sentence1 in the case of a foreign graduate medical school that opted to have the ,educational ,commission for ,foreign ,medical ,graduates calculate and provide the pass rates directly to the ,secretary for the preceding calendar year as permitted under section #fjj4ee7;d77#b7 of title #cd1 ,code of ,federal ,regulations 7as in effect pursuant to paragraph 7#a771 in lieu of the foreign graduate medical school providing pass rate data to the ,secretary under section #fjj4ee7;d77#a77;iii7 of title #cd1 ,code of ,federal ,regulations 7as in effect pursuant to paragraph 7#a771 the ,educational ,commission for ,foreign ,medical ,graduates' calculations of the school's rates are conclusive2 and the presiding official has no authority to consider challenges to the computation of the rate or rates by the ,educational ,commission for ,foreign ,medical ,graduates4 7,b7 ,notwithstanding section #fjj4eb of title #cd1 ,code of ,federal ,regulations 7as in effect pursuant to paragraph 7#a771 in this ,act1 the term foreign institution means an institution described in subsection 7a74 7,c7 ,notwithstanding section #fjj4ed7;c7 of title #cd1 ,code of ,federal ,regulations 7as in effect pursuant to paragraph 7#a771 to be eligible to participate in programs under title ,,iv1 foreign institution may not enter into a written arrangement under which an institution or organizations that is not eligible to participate in programs under title ,,iv provides more than #be percent of the program of study for one or more of the eligible foreign institution's programs4 7,d7 ,notwithstanding section #fjj4ee7;f77#a77;ii7 of title #cd1 ,code of ,federal ,regulations 7as in effect pursuant to paragraph 7#a771 for a foreign graduate medical school outside of ,canada1 for ,step #a1 ,step #b-;,,cs1 and ,step #b-;,,ck1 or the successor examinations1 of the ,united ,states ,medical ,licensing ,examination administered by the ,educational ,commission for ,foreign ,medical ,graduate1 at least #ge percent of the school's students and graduates who receive or have received title ,,iv funds in order to attend that school1 and who completed the final of these three steps of the examination in the year preceding the year for which any of the school's students seeks a loan under title ,,iv shall have received an aggregate passing score on the exam as a whole2 or except as provided in section #fjj4ee7;f77#b7 of title #cd1 ,code of ,federal ,regulations 7as in effect pursuant to paragraph 7#a771 for no more than two consecutive years1 at least #gj percent of the individuals who were students or graduates of the graduate medical school outside the ,united ,states or ,canada 7who receive or have received title ,,iv funds in order to attend that school7 taking the ,united ,states ,medical ,licensing ,examination exams in the year preceding the year for which any of the school's students seeks a loan under title ,,iv shall have received an aggregate passing score on the exam as a whole4 7,e7 ,notwithstanding #fjj4ee7;h77#b7 of title #cd1 ,code of ,federal ,regulations 7as in effect pursuant to paragraph 7#a771 not more than #be percent of the graduate medical educational program offered to ,united ,states students1 other than the clinical training portion of the program1 may be located outside of the country in which the main campus of the foreign graduate medical school is located4 7,f7 ,notwithstanding section #fjj4eg7;a77#e7 of title #cd1 ,code of ,federal ,regulations 7as in effect pursuant to paragraph 7#a771 a nursing school shall reimburse the ,secretary for the cost of any loan defaults for current and former students during the previous fiscal year4 7,g7 ,notwithstanding section #ffh4bc7;h77#a77;ii71 of title #cd1 ,code of ,federal ,regulations 7as in effect pursuant to paragraph 7#a771 a foreign institution that received #ejj1jjj or more in funds under title ,,iv during its most recently completed fiscal year shall submit1 in ,english1 for each most recently completed fiscal year in which it received such funds1 audited financial statements prepared in accordance with generally accepted accounting principles of the institution's home country provided that such accounting principles are comparable to the ,international ,financial ,reporting ,standards4 7,h7 ,notwithstanding section #ffh4bc7;h77#a77;ii71 of title #cd1 ,code of ,federal ,regulations 7as in effect pursuant to paragraph 7#a771 only in a case in which the accounting principles of an institution's home country are not comparable to ,international ,financial ,reporting ,standards shall the institution be required to submit corresponding audited financial statements that meet the requirements of section #ffh4bc7;d7 of title #cd1 ,code of ,federal ,regulations 7as in effect pursuant to paragraph 7#a774 7c7 ,special rules 7#a7 ,in general ,a foreign graduate medical school at which student test passage rates are below the minimum requirements set forth in subsection 7b77#b77;,d7 for each of the two most recent calendar years for which data are available shall not be eligible to participate in programs under part ,d or ,e of title ,,iv in the fiscal year subsequent to that consecutive two year period and such institution shall regain eligibility to participate in programs under such part only after demonstrating compliance with requirements under section #fjj4ee of title #cd1 ,code of ,federal ,regulations 7as in effect pursuant to subsection 7b77 for one full calendar year subsequent to the fiscal year the institution became ineligible unless1 within #cj days of receiving notification from the ,secretary of the loss of eligibility under this paragraph1 the institution appeals the loss of its eligibility to the ,secretary4 ,the ,secretary shall issue a decision on any such appeal within #de days after its submission4 ,such decision may permit the institution to continue to participate in programs under part ,d or ,e of title ,,iv1 if-- 7,a7 the institution demonstrates to the satisfaction of the ,secretary that the test passage rates on which the ,secretary has relied are not accurate1 and that the recalculation of such rates would result in rates that exceed the required minimum for any of these two calendar years2 or 7,b7 there are1 in the judgement of the ,secretary1 mitigating circumstances that would make the application of this paragraph inequitable4 7#b7 ,student eligibility ,if1 pursuant to this subsection1 a foreign graduate medical school loses eligibility to participate in the programs under part ,d or ,e of title ,,iv1 then a student at such institution may1 notwithstanding such loss of eligibility1 continue to be eligible to receive a loan under such part while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred4 7#c7 ,treatment of clinical training programs 7,a7 ,in general ,clinical training programs operated by a foreign graduate medical school with an accredited hospital or clinic in the ,united ,states or at an institution in ,canada accredited by the ,liaison ,committee on ,medical ,education shall be deemed to be approved and shall not require the prior approval of the ,secretary4 7,b7 ,on-site evaluations ,any part of a clinical training program operated by a foreign graduate medical school located in a foreign country other than the country in which the main campus is located1 in the ,united ,states1 or at an institution in ,canada accredited by the ,liaison ,committee on ,medical ,education1 shall not require an on-site evaluation or specific approval by the institution's medical accrediting agency if the location is a teaching hospital accredited by and located within a foreign country approved by the ,national ,committee on ,foreign ,medical ,education and ,accreditation4 7d7 ,failure to release information ,an institution outside the ,united ,states that does not provide to the ,secretary such information as may be required by this section shall be ineligible to participate in the loan program under part ,d or ,e of title ,,iv4 7e7 ,online education ,notwithstanding section #dha7;b77#b71 an eligible program described in section #fjj4ed of title #cd1 ,code of ,federal ,regulations 7as in effect pursuant to subsection 7b77 may not offer more than #ej percent of courses through telecommunications4 4 #ajc4 ,additional definitions 7a7 ,diploma mill ,section #ajc7e77;,b7 7#bj ,u4,s4,c4 #ajjc7e77;,b77 is amended by striking section #ajb and inserting section #aja or #ajb4 7b7 ,correspondence education ,section #ajc7g7 7#bj ,u4,s4,c4 #ajjc7g77 is amended to read as follows3 7#g7 ,correspondence ,education ,the term correspondence education means education that is provided by an institution of higher education under which-- 7,a7 the institution provides instructional materials 7including examinations on the materials7 by mail or electronic transmission to students who are separated from the instructor2 and 7,b7 interaction between the institution and the student is limited and the academic instruction by faculty is not regular and substantive1 as assessed by the institution's accrediting agency or association under section #dif4 4 7c7 ,early childhood education program ,section #ajc7h7 7#bj ,u4,s4,c4 #ajjc7h77 is amended to read as follows3 7#h7 ,early childhood education program ,the term early childhood education program means a program-- 7,a7 that serves children of a range of ages from birth through age five that addresses the children's cognitive 7including language1 early literacy1 and early mathematics71 social1 emotional1 and physical development2 and 7,b7 that is-- 7i7 a ,head ,start program or an ,early ,head ,start program carried out under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq471 including a migrant or seasonal ,head ,start program1 an ,indian ,head ,start program1 or a ,head ,start program or an ,early ,head ,start program that also receives ,state funding2 7ii7 a ,state licensed or regulated child care program2 7iii7 a ,state-funded prekindergarten or child care program2 7iv7 a program authorized under section #fai of the ,individuals with ,disabilities ,education ,act or part ,c of such ,act2 or 7v7 a program operated by a local educational agency4 4 7d7 ,nonprofit ,section #ajc7ac7 7#bj ,u4,s4,c4 #ajjc7ac77 is amended to read as follows3 7#ac7 ,nonprofit 7,a7 ,the term nonprofit1 when used with respect to a school1 agency1 organization1 or institution means a school1 agency1 organization1 or institution owned and operated by one or more nonprofit corporations or associations1 no part of the net earnings of which inures1 or may lawfully inure1 to the benefit of any private shareholder or individual4 7,b7 ,the term nonprofit1 when used with respect to foreign institution means-- 7i7 an institution that is owned and operated only by one or more nonprofit corporations or associations2 and 7ii7 7,i7 if a recognized tax authority of the institution's home country is recognized by the ,secretary for purposes of making determinations of an institution's nonprofit status for purposes of title ,,iv1 the institution is determined by that tax authority to be a nonprofit educational institution2 or 7,,ii7 if no recognized tax authority of the institution's home country is recognized by the ,secretary for purposes of making determinations of an institution's nonprofit status for purposes of title ,,iv1 the foreign institution demonstrates to the satisfaction of the ,secretary that it is a nonprofit educational institution4 4 7e7 ,competency-based education2 ,competency-based education program ,section #ajc 7#bj ,u4,s4,c4 #ajjc7 is amended by adding at the end the following3 7#be7 ,competency-based education2 competency-based education program 7,a7 ,competency-based education ,except as otherwise provided1 the term competency-based education means education that-- 7i7 measures academic progress and attainment-- 7,i7 by direct assessment of a student's level of mastery of competencies2 7,,ii7 by expressing a student's level of mastery of competencies in terms of equivalent credit or clock hours2 or 7,,iii7 by a combination of the methods described in subclauses 7,i7 or 7,,ii7 and credit or clock hours2 and 7ii7 provides the educational content1 activities1 and resources1 including substantive instructional interaction1 including by faculty1 and regular support by the institution1 necessary to enable students to learn or develop what is required to demonstrate and attain mastery of such competencies1 as assessed by the accrediting agency or association of the institution of higher education4 7,b7 ,competency-based education program ,except as otherwise provided1 the term competency-based education program means a postsecondary program offered by an institution of higher education that-- 7i7 provides competency-based education1 which upon a student's demonstration or mastery of a set of competencies identified and required by the institution1 leads to or results in the award of a certificate1 degree1 or other recognized educational credential2 7ii7 ensures title ,,iv funds may be used only for learning that results from instruction provided1 or overseen1 by the institution1 not for the portion of the program of which the student has demonstrated mastery prior to enrollment in the program or tests of learning that are not associated with educational activities overseen by the institution2 and 7iii7 is organized in such a manner that an institution can determine1 based on the method of measurement selected by the institution under subparagraph 7,a77i71 what constitutes a full-time1 three-quarter time1 half-time1 and less than half-time workload for the purposes of awarding and administering assistance under title ,,iv of this ,act1 or assistance provided under another provision of ,federal law to attend an institution of higher education4 7,c7 ,competency defined ,in this paragraph1 the term competency means the knowledge1 skill1 or ability demonstrated by a student in a subject area4 4 7f7 ,pay for success initiative ,section #ajc 7#bj ,u4,s4,c4 #ajjc7 is amended by adding at the end the following3 7#bf7 ,pay for success initiative ,the term pay for success initiative has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 4 7g7 ,evidence-based ,section #ajc 7#bj ,u4,s4,c4 #ajjc7 is amended by adding at the end the following3 7#bg7 ,evidence-based ,the term evidence-based has the meaning given the term in section #haja7ba77;,a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7ba77;,a771 except that such term shall also apply to institutions of higher education4 4 #ajd4 ,regulatory relief 7a7 ,regulations repealed 7#a7 ,repeal ,the following regulations 7including any supplement or revision to such regulations7 are repealed and shall have no legal effect3 7,a7 ,definition of credit hour ,the definition of the term credit hour in section #fjj4b of title #cd1 ,code of ,federal ,regulations1 as added by the final regulations published by the ,department of ,education in the ,federal ,register on ,october #bi1 #bjaj 7#ge ,fed4 ,reg4 #ffidf74 7,b7 ,gainful employment ,sections #fjj4aj7;c71 #fjj4bj7;d71 #ffh4dja through #ffh4dae1 #ffh4f1 and #ffh4g1 of title #cd1 ,code of ,federal ,regulations1 as added or amended by the final regulations published by the ,department of ,education in the ,federal ,register on ,october #ca1 #bjad 7#gi ,fed4 ,reg4 #fdhhi et seq474 7,c7 ,borrower defense ,sections #ffh4da1 #ffh4ij1 #ffh4ic1 #ffh4aga1 #ffh4age1 #fgd4cc1 #fhb4baa1 #fhb4djb7;d71 #fhb4dje1 #fhb4daj1 #fhe4bjj1 #fhe4bje1 #fhe4bjf1 #fhe4bab7k71 #fhe4bad1 #fhe4bae1 #fhe4bbb1 appendix ,a to subpart ,b of part #fhe1 #fhe4cjj1 #fhe4cjh1 of title #cd1 ,code of ,federal ,regulations1 as added or amended by the final regulations published by the ,department of ,education in the ,federal ,register on ,november #a1 #bjaf 7#ha ,fed4 ,reg4 #geibf et seq474 7#b7 ,effect of repeal ,to the extent that regulations repealed-- 7,a7 by subparagraph 7,a7 or subparagraph 7,b7 of paragraph 7#a7 amended regulations that were in effect on ,june #cj1 #bjaa1 the provisions of the regulations that were in effect on ,june #cj1 #bjaa1 and were so amended are restored and revived as if the regulations repealed by such subparagraph had not taken effect2 and 7,b7 by paragraph 7#a77;,c7 amended regulations that were in effect on ,october #ca1 #bjaf1 the provisions of the regulations that were in effect on ,october #ca1 #bjaf1 and were so amended are restored and revived as if the regulations repealed by paragraph 7#a77;,c7 had not taken effect4 7b7 ,certain regulations and other actions prohibited 7#a7 ,gainful employment ,the ,secretary of ,education shall not1 on or after the date of enactment of this ,act1 promulgate or enforce any regulation or rule with respect to the definition or application of the term gainful employment for any purpose under the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq474 7#b7 ,credit hour ,the ,secretary of ,education shall not1 on or after the date of enactment of this ,act1 promulgate or enforce any regulation or rule with respect to the definition of the term credit hour for any purpose under the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq474 7#c7 ,postsecondary institution ratings system ,the ,secretary of ,education shall not carry out1 develop1 refine1 promulgate1 publish1 implement1 administer1 or enforce a postsecondary institution ratings system or any other performance system to rate institutions of higher education 7as defined in section #aja or #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja2 #ajjb774 ,b ,additional ,general ,provisions #aaa4 ,free speech protections ,part ,b of title ,i 7#bj ,u4,s4,c4 #ajaa et seq47 is amended by redesignating section #aab as section #aab;,a and section #aab;,a1 as so redesignated1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraph 7#b7 as paragraph 7#d72 and 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,it is the sense of ,congress that-- 7,a7 every individual should be free to profess1 and to maintain1 the opinion of such individual in matters of religion1 and that professing or maintaining such opinion should in no way diminish1 enlarge1 or affect the civil liberties or rights of such individual on the campus of an institution of higher education2 and 7,b7 no public institution of higher education directly or indirectly receiving financial assistance under this ,act should limit religious expression1 free expression1 or any other rights provided under the ,first ,amendment4 7#c7 ,it is the sense of ,congress that-- 7,a7 free speech zones and restrictive speech codes are inherently at odds with the freedom of speech guaranteed by the ,first ,amendment of the ,constitution2 and 7,b7 no public institution of higher education directly or indirectly receiving financial assistance under this ,act should restrict the speech of such institution's students through such zones or codes4 2 7#b7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 7#c7 by inserting after subsection 7a71 the following3 7b7 ,disclosure of ,free ,speech ,policies 7#a7 ,in general ,no institution of higher education shall be eligible to receive funds under this ,act1 including participation in any program under title ,,iv1 unless the institution certifies to the ,secretary that the institution has annually disclosed to current and prospective students any policies held by the institutions related to protected speech on campus1 including policies limiting where and when such speech may occur1 and the right to submit a complaint under paragraph 7#b7 if the institution is not in compliance with any policy disclosed under this paragraph or is enforcing a policy related to protected speech that has not been disclosed by the institution under this paragraph4 7#b7 ,complaint on speech policies 7,a7 ,designation of an employee ,the ,secretary shall designate an employee in the ,office of ,postsecondary ,education of the ,department to receive complaints from students or student organizations that believe an institution is not in compliance with any policy disclosed under paragraph 7#a7 or is enforcing a policy related to protected speech that has not been disclosed by the institution under such paragraph4 7,b7 ,complaint ,a complaint submitted under subparagraph 7,a7-- 7i7 shall-- 7,i7 include the provision of the institution's policy the complainant believes the institution is not in compliance with or how the institution is enforcing a policy related to protected speech that has not been disclosed under paragraph 7#a72 and 7,,ii7 be filed not later than #g days of the complainant's denial of a right to speak2 and 7ii7 may affirmatively assert that the violation described in clause 7i77,i7 is a violation of the complainant's constitutional rights4 7,c7 ,secretarial requirements 7i7 ,review 7,i7 ,in general ,not later than #g days after the receipt of the complaint1 the ,secretary shall review the complaint and request a response to the complaint from the institution4 7,,ii7 ,response of ,secretary ,not later than #aj days after the receipt of the complaint1 the ,secretary shall make a decision with respect to such complaint1 without regard to whether the institution provides a response to such complaint4 7ii7 ,determination that institution failed to comply ,if1 upon the review required under clause 7i71 the ,secretary determines that the institution is not in compliance with the institution's policy disclosed under paragraph 7#a71 or the institution is enforcing a policy that was not disclosed under paragraph 7#a71 the ,secretary shall-- 7,i7 7aa7 if the ,secretary determines that the institution was not in compliance with a disclosed policy1 require the institution to comply with the disclosed policy and provide the complainant an opportunity to speak as any other speaker would be permitted to speak2 or 7bb7 if the ,secretary determines that the institution was enforcing an undisclosed policy1 require the institution to immediately comply with disclosure requirement under paragraph 7#a7 and to allow the complainant to speak as if such policy were not held by the institution2 and 7,,ii7 require the institution to post the decision of the ,secretary on the website of the institution1 except in the case in which the complainant requests that the decision not be shared4 7iii7 ,referral ,if the ,secretary believes the denial of the right to speak may be a violation of the ,constitutional rights of the complainant1 the ,secretary shall refer the complaint to the ,department of ,justice4 7,d7 ,limitations 7i7 ,institution's religious beliefs or mission ,the ,secretary shall defer to the institution's religious beliefs or mission that the institution describes in its response to the complaint as applicable to the complaint4 7ii7 ,prohibition on regulations or guidance ,the ,secretary-- 7,i7 shall not promulgate any regulations with respect to this paragraph2 and 7,,ii7 may only issue guidance that explains or clarifies the process for filing or reviewing a complaint under this paragraph4 2 and 7#d7 in subsection 7d71 as redesignated by paragraph 7#b7-- 7,a7 in paragraph 7#b71 by inserting 7including such joining1 assembling1 and residing for religious purposes7 after ,constitution2 and 7,b7 in paragraph 7#c71 by inserting 7including speech relating to religion7 after ,constitution4 #aab4 ,sense of ,congress on inclusion and respect ,part ,b of title ,i 7#bj ,u4,s4,c4 #ajaa et seq47 is further amended by inserting after section #aab;,a 7as redesignated by section #aaa7 the following3 #aab;,b4 ,sense of ,congress on inclusion and respect ,it is the sense of ,congress that-- 7#a7 harassment and violence targeted at students because of their race1 color1 religion1 sex1 or national origin as listed in section #gjc of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#b7 should be condemned2 7#b7 institutions of higher education and law-enforcement personnel should be commended for their efforts to combat violence1 extremism1 and racism1 and to protect all members of the community from harm2 and 7#c7 ,congress is committed to supporting institutions of higher education in creating safe1 inclusive1 and respectful learning environments that fully respect community members from all backgrounds4 4 #aac4 ,national ,advisory ,committee on ,institutional ,quality and ,integrity ,section #aad 7#bj ,u4,s4,c4 #ajaa;c7 is amended-- 7#a7 by striking section #ajb each place it appears and inserting section #aja2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#c71 by striking ,except as provided in paragraph 7#e71 the term and inserting ,the term2 7,b7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,secretarial appointees ,the ,secretary may remove any member who was appointed under paragraph 7#a77;,a7 by a predecessor of the ,secretary and may fill the vacancy created by such removal in accordance with paragraphs 7#c7 and 7#d74 4 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by adding and at the end2 7,b7 in paragraph 7#c71 by striking the semicolon at the end and inserting a period2 and 7,c7 by striking paragraphs 7#d7 through 7#f72 7#d7 in subsection 7e77#b77;,d7 by striking 1 including any additional functions established by the ,secretary through regulation2 and 7#e7 in subsection 7f71 by striking ,september #cj1 #bjag and inserting ,september #cj1 #bjbd4 #aad4 ,repeal of certain reporting requirements 7a7 ,repeals ,the following provisions of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 are repealed3 7#a7 ,section #aag 7#bj ,u4,s4,c4 #ajaa;f74 7#b7 ,section #aai 7#bj ,u4,s4,c4 #ajaa;h74 7b7 ,conforming amendments 7#a7 ,section #aah is redesignated as section #aag4 7#b7 ,sections #abj1 #aba1 #abb1 and #abc are redesignated as sections #aah1 #aai1 #abj1 and #aba1 respectively4 7#c7 ,section #dhe7;f77#a77;,h7 7#bj ,u4,s4,c4 #ajib7;f77#a77;,h77 is amended by striking section #abj and inserting section #aah4 #aae4 ,programs on drug and alcohol abuse prevention ,section #aah 7as so redesignated7 is amended to read as follows3 #aah4 ,opioid misuse and substance abuse prevention program 7a7 ,required programs ,each institution of higher education participating in any program under this ,act shall adopt and implement an evidence-based program to prevent substance abuse by students and employees that1 at a minimum1 includes the annual distribution to each student and employee of-- 7#a7 institutional standards of conduct and sanctions that clearly prohibit and address the unlawful possession1 use1 or distribution of illicit drugs and alcohol by students and employees2 and 7#b7 the description of any drug or alcohol counseling1 treatment1 rehabilitation1 or re-entry programs that are available to students or employees1 including information on opioid abuse prevention1 harm reduction1 and recovery4 7b7 ,information availability ,each institution of higher education described in subsection 7a7 shall1 upon request1 make available to the ,secretary and to the public a copy of the institutional standards described under subsection 7a77#a7 and information regarding any programs described in subsection 7a77#b74 7c7 ,best practices ,the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services and outside experts in the field of substance use prevention and recovery support1 shall-- 7#a7 share best practices for institutions of higher education to-- 7,a7 address and prevent substance use2 and 7,b7 support students in substance use recovery2 and 7#b7 if requested by an institution of higher education1 provide technical assistance to such institution to implement a practice under paragraph 7#a74 4 #aaf4 ,campus access for religious groups ,part ,b of title ,i 7#bj ,u4,s4,c4 #ajaa et seq47 7as amended by sections #aaa through #aae of this part7 is amended by adding at the end the following3 #abb4 ,campus access for religious groups ,none of the funds made available under this ,act may be provided to any public institution of higher education that denies to a religious student organization any right1 benefit1 or privilege that is generally afforded to other student organizations at the institution 7including full access to the facilities of the institution and official recognition of the organization by the institution7 because of the religious beliefs1 practices1 speech1 leadership and membership standards1 or standards of conduct of the religious student organization4 4 #aag4 ,secretarial prohibitions ,part ,b of title ,i 7#bj ,u4,s4,c4 #ajaa et seq47 7as amended by sections #aaa through #aaf of this part7 is amended by adding at the end the following3 #abc4 ,secretarial prohibitions 7a7 ,in general ,nothing in this ,act shall be construed to authorize or permit the ,secretary to promulgate any rule or regulation that exceeds the scope of the explicit authority granted to the ,secretary under this ,act4 7b7 ,definitions ,the ,secretary shall not define any term that is used in this ,act in a manner that is inconsistent with the scope of this ,act1 including through regulation or guidance4 7c7 ,requirements ,the ,secretary shall not impose1 on an institution or ,state as a condition of participation in any program under this ,act1 any requirement that exceeds the scope of the requirements explicitly set forth in this ,act for such program4 4 #aah4 ,ensuring equal treatment by governmental entities ,part ,b of title ,i 7#bj ,u4,s4,c4 #ajaa et seq47 7as amended by sections #aaa through #aag of this part7 is further amended by adding at the end the following3 #abd4 ,ensuring equal treatment by governmental entities 7a7 ,in general ,notwithstanding any other provision of law1 no government entity shall take any adverse action against an institution of higher education that receives funding under title ,,iv1 if such adverse action-- 7#a7 7,a7 is being taken by a government entity that-- 7i7 is a department1 agency1 or instrumentality of the ,federal ,government2 or 7ii7 receives ,federal funds2 or 7,b7 would affect commerce with foreign nations1 among the several ,states1 or with ,indian ,tribes2 and 7#b7 has the effect of prohibiting or penalizing the institution for acts or omissions by the institution that are in furtherance of its religious mission or are related to the religious affiliation of the institution4 7b7 ,assertion by institution ,an actual or threatened violation of subsection 7a7 may be asserted by an institution of higher education that receives funding under title ,,iv as a claim or defense in a proceeding before any court4 ,the court shall grant any appropriate equitable relief1 including injunctive or declaratory relief4 7c7 ,rule of construction ,nothing in this section shall be construed to alter or amend-- 7#a7 title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq472 7#b7 section #ahb of the ,elementary and ,secondary ,education ,amendments ,act of #aiff 7#db ,u4,s4,c4 #bjjj;d-#e72 or 7#c7 section #b of the ,elementary and ,secondary ,education ,amendments ,act of #aifi 7#db ,u4,s4,c4 #bjjj;d-#f7 7d7 ,definitions ,in this section3 7#a7 ,adverse action ,the term adverse action includes1 with respect to an institution of higher education or the past1 current1 or prospective students of such institution-- 7,a7 the denial or threat of denial of funding1 including grants1 scholarships1 or loans2 7,b7 the denial or threat of denial of access to facilities or programs2 7,c7 the withholding or threat of withholding of any licenses1 permits1 certifications1 accreditations1 contracts1 cooperative agreements1 grants1 guarantees1 tax-exempt status1 or exemptions2 or 7,d7 any other penalty or denial1 or threat of such other penalty or denial1 of an otherwise available benefit4 7#b7 ,government entity ,the term government entity means-- 7,a7 any department1 agency1 or instrumentality of the ,federal ,government2 7,b7 a ,state or political subdivision of a ,state1 or any agency or instrumentality thereof2 and 7,c7 any interstate or other inter-governmental entity4 7#c7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja or #ajb4 7#d7 ,religious mission ,the term religious mission includes an institution of higher education's religious tenets1 beliefs1 or teachings1 and any policies or decisions related to such tenets1 beliefs1 or teachings 7including any policies or decisions concerning housing1 employment1 curriculum1 self-governance1 or student admission1 continuing enrollment1 or graduation74 4 #aai4 ,single-sex social student organizations ,part ,b of title ,i 7#bj ,u4,s4,c4 #ajaa et seq47 7as amended by sections #aaa through #aah of this part7 is further amended by adding at the end the following3 #abe4 ,single-sex social student organizations 7a7 ,non-retaliation against single-sex student organizations ,an institution of higher education that has a policy allowing for the official recognition of a single-sex social student organization may not-- 7#a7 require or coerce such a recognized organization to admit as a member an individual who does not meet the organization's criteria for single-sex status2 7#b7 require or coerce such a recognized organization to permit an individual described in paragraph 7#a7 to participate in the activities of the organization2 7#c7 take any adverse action against a student on the basis of the student's membership in such recognized organization2 or 7#d7 impose any requirement or restriction1 including on timing for accepting new members or membership recruitment1 on such a recognized organization 7or its current or prospective members7 based on the organization's single-sex status or its criteria for defining its single-sex status4 7b7 ,construction ,nothing in this ,act shall be construed-- 7#a7 to create any enforceable right-- 7,a7 by a local1 college1 or university student organization against a national student organization2 or 7,b7 by a national student organization against any local1 college1 or university student organization2 7#b7 to require an institution of higher education to have a policy allowing for the official recognition of a single-sex social student organization2 or 7#c7 to prohibit an institution of higher education from taking an adverse action against a member of a single-sex social student organization for reasons other than on the basis of such student's membership in such organization1 such as academic or non-academic misconduct4 7c7 ,adverse action ,for the purposes of this section1 the term #8adverse action' includes the following3 7#a7 ,expulsion1 suspension1 probation1 censure1 condemnation1 reprimand1 or any other disciplinary1 coercive1 or adverse action taken by an institution of higher education or administrative unit of such an institution4 7#b7 ,an oral or written warning made by an official of an institution of higher education acting in the official's official capacity4 7#c7 ,denying participation in any education program or activity4 7#d7 ,withholding1 in whole or in part1 any financial assistance 7including scholarships and on-campus employment71 or denying the opportunity to apply for financial assistance1 a scholarship1 or on-campus employment4 7#e7 ,denying or restricting access to on-campus housing4 7#f7 ,denying any certification or letter of recommendation that may be required by a student's current or future employer1 a government agency1 a licensing board1 or an educational institution or scholarship program to which the student seeks to apply4 7#g7 ,denying participation in any sports team1 club1 or other student organization1 or denying any leadership position in any sports team1 club1 or other student organization4 4 #abj4 ,department staff ,part ,b of title ,i 7#bj ,u4,s4,c4 #ajaa et seq47 7as amended by sections #aaa through #aai of this part7 is further amended by adding at the end the following3 #abf4 ,department staff ,the ,secretary shall-- 7#a7 not later than #fj days after the date of enactment of the ,,prosper ,act1 identify the number of ,department full-time equivalent employees who worked on or administered each education program or project authorized under this ,act1 as such program or project was in effect on the day before such date1 and publish such information on the ,department's website2 7#b7 not later than #fj days after such date1 identify the number of full-time equivalent employees who worked on or administered each program or project authorized under this ,act1 as such program or project was in effect on the day before such date1 that has been eliminated or consolidated since such date2 7#c7 not later than #a year after such date1 reduce the workforce of the ,department by the number of full-time equivalent employees the ,department identified under paragraph 7#b72 and 7#d7 not later than #a year after such date1 report to the ,congress on-- 7,a7 the number of full-time equivalent employees associated with each program or project authorized under this ,act and administered by the ,department2 7,b7 the number of full-time equivalent employees who were determined to be associated with eliminated or consolidated programs or projects described in paragraph 7#b72 7,c7 how the ,secretary has reduced the number of full-time equivalent employees as described in paragraph 7#c72 7,d7 the average salary of the full-time equivalent employees described in subparagraph 7,b7 whose positions were eliminated2 and 7,e7 the average salary of the full-time equivalent employees who work on or administer a program or project authorized by the ,department under this ,act1 disaggregated by employee function within each such program or project4 4 #abj;,a4 ,department of ,homeland ,security ,recruiting on ,campus ,part ,b of title ,i 7#bj ,u4,s4,c4 #ajaa et seq47 7as amended by sections #aaa through #abj of this part7 is further amended by adding at the end the following3 #abg4 ,department of ,homeland ,security ,recruiting on ,campus ,none of the funds made available under this ,act may be provided to any institution of higher education that has in effect a policy or practice that either prohibits1 or in effect prevents1 the ,secretary of ,homeland ,security from gaining access to campuses or access to students 7who are #ag years of age or older7 on campuses1 for purposes of ,department of ,homeland ,security recruiting in a manner that is at least equal in quality and scope to the access to campuses and to students that is provided to any other employer4 4 ,c ,cost of ,higher ,education #aba4 ,college ,dashboard website 7a7 ,establishment ,section #acb 7#bj ,u4,s4,c4 #ajae;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#a7 and inserting the following new paragraph3 7#a7 ,college ,dashboard website ,the term ,college ,dashboard website means the ,college ,dashboard website required under subsection 7d74 4 7,b7 in paragraph 7#b71 by striking first-time12 7,c7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by striking first-time12 and 7,d7 in paragraph 7#d71 by striking first-time12 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking first-time12 and 7,b7 in paragraph 7#b71 by striking first-time12 7#c7 by striking subsections 7c7 through 7g71 7j71 and 7l72 7#d7 by redesignating subsections 7h71 7i71 and 7k7 as subsections 7c71 7d71 and 7e71 respectively2 and 7#e7 by striking subsection 7d7 7as so redesignated7 and inserting the following new subsection3 7d7 ,consumer information 7#a7 ,availability of title ,,iv institution information ,the ,secretary shall develop and make publicly available a website to be known as the ,college ,dashboard website in accordance with this section and prominently display on such website1 in simple1 understandable1 and unbiased terms for the most recent academic year for which satisfactory data are available1 the following information with respect to each institution of higher education that participates in a program under title ,,iv3 7,a7 ,a link to the website of the institution4 7,b7 ,an identification of the type of institution as one of the following3 7i7 ,a four-year public institution of higher education4 7ii7 ,a four-year private1 nonprofit institution of higher education4 7iii7 ,a four-year private1 proprietary institution of higher education4 7iv7 ,a two-year public institution of higher education4 7v7 ,a two-year private1 nonprofit institution of higher education4 7vi7 ,a two-year private1 proprietary institution of higher education4 7vii7 ,a less than two-year public institution of higher education4 7viii7 ,a less than two-year private1 nonprofit institution of higher education4 7ix7 ,a less than two-year private1 proprietary institution of higher education4 7,c7 ,the number of students enrolled at the institution-- 7i7 as undergraduate students1 if applicable2 and 7ii7 as graduate students1 if applicable4 7,d7 ,the student-faculty ratio4 7,e7 ,the percentage of degree-seeking or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within-- 7i7 #ajj percent of the normal time for completion of1 or graduation from1 the program in which the student is enrolled2 7ii7 #aej percent of the normal time for completion of1 or graduation from1 the program in which the student is enrolled2 7iii7 #bjj percent of the normal time for completion of1 or graduation from1 the program in which the student is enrolled2 and 7iv7 #cjj percent of the normal time for completion of1 or graduation from1 the program in which the student is enrolled1 for institutions at which the highest degree offered is predominantly an associate's degree4 7,f7 7i7 ,the average net price per year for undergraduate students enrolled at the institution who received ,federal student financial aid under title ,,iv based on dependency status and an income category selected by the user of the ,college ,dashboard website from a list containing the following income categories3 7,i7 #j to #cj1jjj4 7,,ii7 #cj1jja to #dh1jjj4 7,,iii7 #dh1jja to #ge1jjj4 7,,iv7 #ge1jja to #aaj1jjj4 7,v7 #aaj1 #jja to #aej1jjj4 7,,vi7 ,over #aej1jjj4 7ii7 ,a link to the net price calculator for such institution4 7,g7 ,the percentage of undergraduate and graduate students who obtained a certificate or degree from the institution who borrowed ,federal student loans-- 7i7 set forth separately for each educational program offered by the institution2 and 7ii7 made available in a format that allows a user of the ,college ,dashboard website to view such percentage by selecting from a list of such educational programs4 7,h7 ,the average ,federal student loan debt incurred by a student who obtained a certificate or degree in an educational program from the institution and who borrowed ,federal student loans in the course of obtaining such certificate or degree-- 7i7 set forth separately for each educational program offered by the institution2 and 7ii7 made available in a format that allows a user of the ,college ,dashboard website to view such student loan debt information by selecting from a list of such educational programs4 7,i7 ,the median earnings of students who obtained a certificate or degree in an educational program from the institution and who received ,federal student financial aid under title ,,iv in the course of obtaining such certificate or degree-- 7i7 in the fifth and tenth years following the year in which the students obtained such certificate or degree2 7ii7 set forth separately by educational program2 and 7iii7 made available in a format that allows a user of the ,college ,dashboard website to view such median earnings information by selecting from a list of such educational programs4 7,j7 ,a link to the webpage of the institution containing campus safety data with respect to such institution4 7#b7 ,additional information ,the ,secretary shall publish on websites that are linked to through the ,college ,dashboard website1 for the most recent academic year for which satisfactory data is available1 the following information with respect to each institution of higher education that participates in a program under title ,,iv3 7,a7 ,enrollment ,the following enrollment information3 7i7 ,the percentages of male and female undergraduate students enrolled at the institution4 7ii7 ,the percentages of undergraduate students enrolled at the institution-- 7,i7 full-time2 and 7,,ii7 less than full-time4 7iii7 ,in the case of an institution other than an institution that provides all courses and programs through online education1 of the undergraduate students enrolled at the institution-- 7,i7 the percentage of such students who are residents of the ,state in which the institution is located2 7,,ii7 the percentage of such students who are not residents of such ,state2 and 7,,iii7 the percentage of such students who are international students4 7iv7 ,the percentages of undergraduate students enrolled at the institution1 disaggregated by-- 7,i7 race and ethnic background2 7,,ii7 classification as a student with a disability2 7,,iii7 recipients of a ,federal ,pell ,grant2 7,,iv7 recipients of assistance under a tuition assistance program conducted by the ,department of ,defense under section #aghd;a or #bjjg of title #aj1 ,united ,states ,code1 or other authorities available to the ,department of ,defense or veterans' education benefits 7as defined in section #dhj72 and 7,v7 recipients of a ,federal student loan4 7,b7 ,completion ,the information required under paragraph 7#a77;,e71 disaggregated by-- 7i7 recipients of a ,federal ,pell ,grant2 7ii7 race and ethnic background2 7iii7 classification as a student with a disability2 7iv7 recipients of assistance under a tuition assistance program conducted by the ,department of ,defense under section #aghd;a or #bjjg of title #aj1 ,united ,states ,code1 or other authorities available to the ,department of ,defense or veterans' education benefits 7as defined in section #dhj72 and 7v7 recipients of a ,federal student loan4 7,c7 ,costs ,the following cost information3 7i7 ,the cost of attendance for full-time undergraduate students enrolled in the institution who live on campus4 7ii7 ,the cost of attendance for full-time undergraduate students enrolled in the institution who live off campus4 7iii7 ,the cost of tuition and fees for full-time undergraduate students enrolled in the institution4 7iv7 ,the cost of tuition and fees per credit hour or credit hour equivalency for undergraduate students enrolled in the institution less than full time4 7v7 ,in the case of a public institution of higher education 7other than an institution described in clause 7vi77 and notwithstanding subsection 7b77#a71 the costs described in clauses 7i7 and 7ii7 for-- 7,i7 full-time students enrolled in the institution who are residents of the ,state in which the institution is located2 and 7,,ii7 full-time students enrolled in the institution who are not residents of such ,state4 7vi7 ,in the case of a public institution of higher education that offers different tuition rates for students who are residents of a geographic subdivision smaller than a ,state and students not located in such geographic subdivision and notwithstanding subsection 7b77#a71 the costs described in clauses 7i7 and 7ii7 for-- 7,i7 full-time students enrolled at the institution who are residents of such geographic subdivision2 7,,ii7 full-time students enrolled at the institution who are residents of the ,state in which the institution is located but not residents of such geographic subdivision2 and 7,,iii7 full-time students enrolled at the institution who are not residents of such ,state4 7,d7 ,financial aid ,the following information with respect to financial aid3 7i7 ,the average annual grant amount 7including ,federal1 ,state1 and institutional aid7 awarded to an undergraduate student enrolled at the institution who receives grant aid1 and the percentage of undergraduate students receiving such aid4 7ii7 ,the percentage of undergraduate students enrolled at the institution receiving ,federal1 ,state1 and institutional grants1 student loans1 and any other type of student financial assistance known by the institution1 provided publicly or through the institution1 such as ,federal work-study funds4 7iii7 ,the loan repayment rate 7as defined in section #dha;,b7 for each educational program at such institution4 7#c7 ,other data matters 7,a7 ,completion data ,the ,commissioner of ,education ,statistics shall ensure that the information required under paragraph 7#a77;,e7 includes information with respect to all students at an institution1 in a manner that accurately reflects the actual length of the program1 including students other than first-time1 full-time students and students who transfer to another institution1 in a manner that the ,commissioner considers appropriate4 7,b7 ,adjustment of income categories ,the ,secretary may annually adjust the range of each of the income categories described in paragraph 7#a77;,f7 to account for a change in the ,consumer ,price ,index for ,all ,urban ,consumers as determined by the ,bureau of ,labor ,statistics if the ,secretary determines an adjustment is necessary4 7#d7 ,institutional comparison ,the ,secretary shall include on the ,college ,dashboard website a method for users to easily compare the information required under paragraphs 7#a7 and 7#b7 between institutions4 7#e7 ,updates 7,a7 ,data ,the ,secretary shall update the ,college ,dashboard website not less than annually4 7,b7 ,technology and format ,the ,secretary shall regularly assess the format and technology of the ,college ,dashboard website and make any changes or updates that the ,secretary considers appropriate4 7#f7 ,consumer testing 7,a7 ,in general ,in developing and maintaining the ,college ,dashboard website1 the ,secretary1 in consultation with appropriate departments and agencies of the ,federal ,government1 shall conduct consumer testing with appropriate persons1 including current and prospective college students1 family members of such students1 institutions of higher education1 and experts1 to ensure that the ,college ,dashboard website is usable and easily understandable and provides useful and relevant information to students and families4 7,b7 ,recommendations for changes ,the ,secretary shall submit to the authorizing committees any recommendations that the ,secretary considers appropriate for changing the information required to be provided on the ,college ,dashboard website under paragraphs 7#a7 and 7#b7 based on the results of the consumer testing conducted under subparagraph 7,a74 7#g7 ,provision of appropriate links to prospective students after submission of ,,fafsa ,the ,secretary shall provide to each student who submits a ,free ,application for ,federal ,student ,aid described in section #dhc a link to the webpage of the ,college ,dashboard website that contains the information required under paragraph 7#a7 for each institution of higher education such student includes on such ,application4 7#h7 ,interagency coordination ,the ,secretary1 in consultation with each appropriate head of a department or agency of the ,federal ,government1 shall ensure to the greatest extent practicable that any information related to higher education that is published by such department or agency is consistent with the information published on the ,college ,dashboard website4 7#i7 ,data collection ,the ,commissioner for ,education ,statistics shall continue to update and improve the ,integrated ,postsecondary ,education ,data ,system1 including by reducing institutional reporting burden and improving the timeliness of the data collected4 7#aj7 ,data privacy ,the ,secretary shall ensure any information made available under this section is made available in accordance with section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd74 4 7b7 ,conforming amendments ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq471 as amended by subsection 7a7 of this section1 is further amended1 by striking ,college ,navigator each place it appears and inserting ,college ,dashboard4 7c7 ,references ,any reference in any law 7other than this ,act71 regulation1 document1 record1 or other paper of the ,united ,states to the ,college ,navigator website shall be considered to be a reference to the ,college ,dashboard website4 7d7 ,development ,the ,secretary of ,education shall develop and publish the ,college ,dashboard website required under section #acb 7#bj ,u4,s4,c4 #ajae;a71 as amended by this section1 not later than one year after the date of the enactment of this ,act4 7e7 ,college ,navigator website maintenance ,the ,secretary shall maintain the ,college ,navigator website required under section #acb 7#bj ,u4,s4,c4 #ajae;a71 as in effect the day before the date of the enactment of this ,act1 in the manner required under the ,higher ,education ,act of #aife1 as in effect on such day1 until the ,college ,dashboard website referred to in subsection 7d7 is complete and publicly available on the ,internet4 #abb4 ,net price calculators ,subsection 7c7 of section #acb 7#bj ,u4,s4,c4 #ajae;a71 as so redesignated by section #aba7;a77#d7 of this ,act1 is amended-- 7#a7 by redesignating paragraph 7#d7 as paragraph 7#f72 and 7#b7 by inserting after paragraph 7#c7 the following new paragraphs3 7#d7 ,minimum requirements for net price calculators ,not later than #a year after the date of the enactment of the ,,prosper ,act1 a net price calculator for an institution of higher education shall meet the following requirements3 7,a7 ,the link for the calculator shall-- 7i7 be clearly labeled as a net price calculator and prominently1 clearly1 and conspicuously posted in locations on the website of such institution where information on costs and aid is provided and any other location that the institution considers appropriate2 and 7ii7 match in size and font to the other prominent links on the webpage where the link for the calculator is displayed4 7,b7 ,the webpage displaying the results for the calculator shall specify at least the following information3 7i7 ,the net price 7as calculated under subsection 7a77#c77 for such institution1 which shall be the most visually prominent figure on the results screen4 7ii7 ,cost of attendance1 including-- 7,i7 tuition and fees2 7,,ii7 average annual cost of room and board for the institution for a full-time undergraduate student enrolled in the institution2 7,,iii7 average annual cost of books and supplies for a full-time undergraduate student enrolled in the institution2 and 7,,iv7 estimated cost of other expenses 7including personal expenses and transportation7 for a full-time undergraduate student enrolled in the institution4 7iii7 ,estimated total need-based grant aid and merit-based grant aid from ,federal1 ,state1 and institutional sources that may be available to a full-time undergraduate student4 7iv7 ,percentage of the 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 the eligibility of a student or prospective student 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 such benefits 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 information about such benefits4 7,c7 ,the institution shall populate the calculator with data from an academic year that is not more than #b academic years prior to the most recent academic year4 7#e7 ,prohibition on use of data collected by the net price calculator ,a net price calculator for an institution of higher education shall-- 7,a7 clearly indicate which questions are required to be completed for an estimate of the net price from the calculator2 7,b7 in the case of a calculator that requests contact information from users1 clearly mark such requests as optional and provide for an estimate of the net price from the calculator without requiring users to enter such information2 and 7,c7 prohibit any personally identifiable information provided by users from being sold or made available to third parties4 4 #abc4 ,text book information ,section #acc7;b77#e7 7#bj ,u4,s4,c4 #ajae;b7b77#e77 is amended by striking section #ajb and inserting section #aja or #ajb4 #abd4 ,review of current data collection and feasibility study of improved data collection ,part ,c of title ,i 7#bj ,u4,s4,c4 #ajae et seq47 is amended by adding at the end the following3 #ach4 ,review of current data collection and feasibility study of improved data collection 7a7 ,in general ,not later than #b years after the date of the enactment of the ,,prosper ,act1 the ,secretary shall1 in order to help improve the information available to students and families and to eliminate significant and burdensome data collection requirements placed on institutions under this ,act-- 7#a7 complete a review of all data reporting requirements on institutions under this ,act2 7#b7 determine which requirements are duplicative or no longer necessary to provide meaningful information for compliance1 accountability1 or transparency in decision making2 and 7#c7 examine the best way to collect data that includes all students from institutions that will-- 7,a7 eliminate or reduce the burden and duplication of data reporting2 and 7,b7 capture the data necessary to ensure compliance1 accountability1 and transparency in decision making which shall include1 at a minimum-- 7i7 enrollment2 7ii7 retention2 7iii7 transfer2 7iv7 completion2 and 7v7 post-collegiate earnings2 and 7#d7 implement the changes necessary to improve the data reporting process for institutions1 and submit a report to the authorizing committees on any legislative changes necessary to make such improvements4 7b7 ,consultation ,in conducting the review under subsection 7a77#a71 the ,secretary shall consult with-- 7#a7 all applicable offices within the ,department to ensure the review captures all data reporting requirements under this ,act2 and 7#b7 relevant stakeholders1 including students1 parents1 institutions of higher education1 and privacy experts4 7c7 ,data collection and reporting ,in examining the best way to collect data under subsection 7a77#c71 the ,secretary shall explore the feasibility of working with the ,national ,student ,clearinghouse to establish a third-party method to collect and produce institution and program-level analysis of the data determined necessary to report1 and how such data reported to the clearinghouse could be secured1 while considering the following3 7#a7 ,whether data reported to the clearinghouse can accurately reflect institutional and program-level enrollment1 retention1 transfer1 and completion rates4 7#b7 ,how much duplication of reporting can be eliminated and if such reporting can replace the reporting to the ,integrated ,postsecondary ,education ,data ,system 7,,ipeds71 including whether the data quality will be maintained or improved from the current data provided to the ,department through ,,ipeds4 7#c7 ,whether such reporting to the clearinghouse can protect the confidentiality of the reported data1 while providing more accurate institutional performance measures4 7#d7 ,whether such reporting can be made compatible with systems that include post-graduation outcomes including employment and earnings data4 7#e7 ,whether the use of the clearinghouse for such data reporting will change the current interaction between institutions and the clearinghouse4 7#f7 ,whether the clearinghouse can meet the requirements of such reporting without transferring any disaggregated data that would be personally identifiable to the ,department of ,education4 7#g7 ,whether the clearinghouse can ensure the ,department of ,education would never have access to any health data1 student discipline records or data1 elementary and secondary education data1 or information relating to citizenship or national origin status1 course grades1 individual postsecondary entrance examination results1 political affiliation1 or religion1 as a result of producing information for program level analysis of the data received from institutions of higher education4 7#h7 ,whether the clearinghouse can provide the analysis under this subsection without maintaining or transferring1 publishing1 or submitting any data containing the information described in paragraph 7#g7 to any entity1 including any ,federal or ,state agency4 7d7 ,interim report ,not later than #a year after the date of the enactment of the ,,prosper ,act1 the ,secretary shall submit to the authorizing committees a report on the ,secretary's progress in carrying out this section4 7e7 ,rule of construction ,nothing in this section shall be construed to authorize the development of a nationwide database of personally identifiable information on individuals involved in studies or other collections of data under this ,act4 4 ,d ,administrative ,provisions for ,delivery of ,student ,financial ,assistance #aca4 ,performance-based organization for the delivery of ,federal student financial assistance ,section #ada 7#bj ,u4,s4,c4 #ajah7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 by redesignating subparagraphs 7,f7 and 7,g7 as subparagraphs 7,h7 and 7,i71 respectively2 and 7,b7 by inserting after subparagraph 7,e7 the following3 7,f7 to maximize transparency in the operation of ,federal student financial assistance programs2 7,g7 to maximize stakeholder engagement in the operation of and accountability for such programs2 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,c7-- 7i7 in clause 7i71 by striking and at the end2 7ii7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 acquiring senior managers and other personnel with demonstrated management ability and expertise in consumer lending4 2 7,b7 in paragraph 7#b7 by adding at the end the following3 7,c7 ,collecting input from stakeholders on the operation of all ,federal student assistance programs and accountability practices relating to such programs1 and ensuring that such input informs operation of the ,,pbo and is provided to the ,secretary to inform policy creation related to ,federal student financial assistance programs4 2 and 7,c7 in paragraph 7#f7-- 7i7 in subparagraph 7,a71 by striking ,the ,secretary and inserting ,not less frequently than once annually1 the ,secretary2 7ii7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7iii7 by inserting after subparagraph 7,a7 the following3 3 7,b7 ,report ,on an annual basis1 after carrying out the consultation required under subparagraph 7,a71 the ,secretary and the ,chief ,operating ,officer shall jointly submit to the authorizing committees a report that includes-- 7i7 a summary of the consultation2 and 7ii7 a description of any actions taken as a result of the consultation4 4 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking ,each year1 and inserting ,not less frequently than once every three years12 and 7,,ii7 by striking succeeding #e and inserting succeeding #c2 7ii7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,consultation 7i7 ,plan development ,beginning not later than #ab months before issuing each #c-year performance plan under subparagraph 7,a71 the ,secretary and the ,chief ,operating ,officer shall consult with students1 institutions of higher education1 ,congress1 lenders1 and other interested parties regarding the development of the plan4 ,in carrying out such consultation1 the ,secretary shall seek public comment consistent with the requirements of subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7ii7 ,revision ,not later than #ij days before implementing any revision to the performance plan described in subparagraph 7,a71 the ,secretary shall consult with students1 institutions of higher education1 ,congress1 lenders1 and other interested parties regarding such revision4 2 7iii7 in subparagraph 7,c7-- 7,i7 in the matter preceding clause 7i71 by inserting and target dates upon which such action steps will be taken and such goals will be achieved after achieve such goals2 7,,ii7 by redesignating clause 7v7 as clause 7vi72 7,,iii7 by inserting after clause 7iv7 the following3 7v7 ,ensuring transparency ,maximizing the transparency in the operations of the ,,pbo1 including complying with the data reporting requirements under section #add4 2 7,b7 in paragraph 7#b7-- 7i7 by striking #e-year and inserting #c-year2 7ii7 in subparagraph 7,c71 by inserting 1 including an explanation of the specific steps the ,secretary and the ,chief ,operating ,officer will take to address any such goals that were not achieved before the period2 7iii7 in subparagraph 7,d71 by inserting 1 in the aggregate and per individual before the period2 7iv7 in subparagraph 7,e71 by striking ,recommendations and inserting ,specific recommendations2 7v7 by redesignating subparagraph 7,f7 as subparagraph 7,g72 and 7vi7 by inserting after subparagraph 7,e71 the following3 7,f7 ,a description of the performance evaluation system developed under subsection 7d77#f74 4 7,c7 in paragraph 7#c7-- 7i7 in the matter preceding subparagraph 7,a71 by striking establish appropriate means to2 7ii7 in subparagraph 7,a71 by striking 2 and and inserting and the ,,pbo22 7iii7 in subparagraph 7,b71 by striking the period at the end and inserting and the ,,pbo2 and2 and 7iv7 by adding at the end the following3 7,c7 through a nationally-representative survey1 that at a minimum shall evaluate the degree of satisfaction with the delivery system and the ,,pbo4 2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#b71 by striking ,the ,secretary may reappoint and inserting ,except as provided in paragraph 7#d77;,c71 7,b7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7-- 7,i7 by inserting specific1 after set forth2 and 7,,ii7 by inserting and metrics used to measure progress toward such goals before the period2 7ii7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,transmittal and public availability ,the ,secretary shall-- 7i7 transmit to the authorizing committees the final version of1 and any subsequent revisions to1 the agreement entered into under subparagraph 7,a72 and 7ii7 before the expiration of the period of #e business days beginning after the date on which the agreement is transmitted under clause 7i71 make such agreement publicly available on a publicly accessible website of the ,department of ,education4 4 7iii7 by adding at the end the following3 7,c7 ,loss of eligibility ,if the agreement under subparagraph 7,a7 is not made publicly available before the expiration of the period described in subparagraph 7,b77ii71 the ,chief ,operating ,officer shall not be eligible for reappointment under paragraph 7#b74 2 and 7,c7 in paragraph 7#e71 by amending subparagraph 7,b7 to read as follows3 7,b7 ,bonus ,in addition1 the ,chief ,operating ,officer may receive a bonus in the following amounts3 7i7 ,for a period covered by a performance agreement entered into under paragraph 7#d7 before the date of the enactment of the ,,prosper ,act1 an amount that does not exceed #ej percent of the annual rate basic pay of the ,chief ,operating ,officer1 based upon the ,secretary's evaluation of the ,chief ,operating ,officer's performance in relation to the goals set forth in the performance agreement4 7ii7 ,for a period covered by a performance agreement entered into under paragraph 7#d7 on or after the date of the enactment of the ,,prosper ,act1 an amount that does not exceed #dj percent of the annual rate basic pay of the ,chief ,operating ,officer1 based upon the ,secretary's evaluation of the ,chief ,operating ,officer's performance in relation to the goals set forth in the performance agreement4 4 7,d7 by adding at the end the following3 7#f7 ,performance evaluation system ,the ,secretary shall develop a system to evaluate the performance of the ,chief ,operating ,officer and any senior managers appointed by such ,officer under subsection 7e74 ,such system shall-- 7,a7 take into account the extent to which each individual attains the specific1 measurable organizational and individual goals set forth in the performance agreement described in paragraph 7#d77;,a7 and subsection 7e77#b7 7as the case may be72 and 7,b7 evaluate each individual using a rating system that accounts for the full spectrum of performance levels1 from the failure of an individual to meet the goals described in clause 7i7 to an individual's success in meeting or exceeding such goals4 2 7#e7 in subsection 7e7-- 7,a7 in paragraph 7#b71 by striking organization and individual goals and inserting specific1 measurable organization and individual goals and the metrics used to measure progress toward such goals2 7,b7 in paragraph 7#c71 by amending subparagraph 7,b7 to read as follows3 7,b7 ,bonus ,in addition1 a senior manager may receive a bonus in the following amounts3 7i7 ,for a period covered by a performance agreement entered into under paragraph 7#b7 before the date of the enactment of the ,,prosper ,act1 an amount such that the manager's total annual compensation does not exceed #abe percent of the maximum rate of basic pay for the ,senior ,executive ,service1 including any applicable locality-based comparability payment1 based upon the ,chief ,operating ,officer's evaluation of the manager's performance in relation to the goals set forth in the performance agreement4 7ii7 ,for a period covered by a performance agreement entered into under paragraph 7#b7 on or after the date of the enactment of the ,,prosper ,act1 an amount such that the manager's total annual compensation does not exceed #abj percent of the maximum rate of basic pay for the ,senior ,executive ,service1 including any applicable locality-based comparability payment1 based upon the ,chief ,operating ,officer's evaluation of the manager's performance in relation to the goals set forth in the performance agreement4 4 7#f7 by redesignating subsections 7f71 7g71 7h71 and 7i7 as subsections 7g71 7h71 7i71 7j72 and 7#g7 by inserting after subsection 7e7 the following3 7f7 ,advisory board 7#a7 ,establishment and purpose ,not later than one year after the date of the enactment of the ,,prosper ,act1 the ,secretary shall establish an ,advisory ,board 7referred to in this subsection as the ,board7 for the ,,pbo4 ,the purpose of such ,board shall be to conduct oversight over the ,,pbo and the ,chief ,operating ,officer and senior managers described under subsection 7e7 to ensure that the ,,pbo is meeting the purposes described in this section and the goals in the performance plan described under such section4 7#b7 ,membership 7,a7 ,board members ,the ,board shall consist of #g members1 one of whom shall be the ,secretary4 7,b7 ,chairman ,a ,chairman of the ,board shall be elected by the ,board from among its members for a #b-year term4 7,c7 ,secretary as an ex officio member ,the ,secretary1 ex officio-- 7i7 shall-- 7,i7 serve as a member of the ,board2 7,,ii7 be a voting member of the ,board2 and 7,,iii7 be eligible to be elected by the ,board to serve as chairman or vice chairman of the ,board2 and 7ii7 shall not be subject to the terms or compensation requirements described in this paragraph that are applicable to the other members of the ,board4 7,d7 ,additional board members ,each member of the ,board 7excluding the ,secretary7 shall be appointed by the ,secretary4 7,e7 ,terms 7i7 ,in general ,each ,board member1 except for the ,secretary and the ,board members described in clause 7ii77,,ii71 shall serve #e-year terms4 7ii7 ,initial members 7,i7 ,first #c members ,the first #c members confirmed to serve on the ,board after the date of enactment of the ,,prosper ,act shall serve for #e-year terms4 7,,ii7 ,other members ,the fourth1 fifth1 and sixth members confirmed to serve on the ,board after such date of enactment shall serve for #c-year terms4 7iii7 ,reappointment ,the ,secretary may reappoint a ,board member for one additional #e-year term4 7iv7 ,vacancies 7,i7 ,in general ,not later than #cj days after a vacancy of the ,board occurs1 the ,secretary shall publish a ,federal ,register notice soliciting nominations for the position4 7,,ii7 ,filling vacancy ,not later than #ij days after such vacancy occurs1 such vacancy shall be filled in the same manner as the original appointment was made1 except that-- 7aa7 the appointment shall be for the remainder of the uncompleted term2 and 7bb7 such member may be reappointed under clause 7iii74 7,f7 ,membership qualifications and prohibitions 7i7 ,qualifications ,the members of the board1 other than the ,secretary1 shall be appointed without regard to political affiliation and solely on the basis of their professional experience and expertise in-- 7,i7 the management of large and financially significant organizations1 including banks and commercial lending companies2 or 7,,ii7 ,federal student financial assistance programs4 7ii7 ,conflicts of interest among board members ,before appointing members of the ,board1 the ,secretary shall establish rules and procedures to address any potential conflict of interest between a member of the ,board and responsibilities of the ,board1 including prohibiting membership for individuals with a pecuniary interest in the activities of the ,,pbo4 7,g7 ,no compensation ,board members shall serve without pay4 7,h7 ,expenses of ,board ,members ,each member of the ,board shall receive travel expenses and other permissible expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under title #e1 ,united ,states ,code4 7#c7 ,board responsibilities ,the ,board shall have the following responsibilities3 7,a7 ,conducting general oversight over the functioning and operation of the ,,pbo1 including-- 7i7 ensuring that the reporting and planning requirements of this section are fulfilled by the ,,pbo2 and 7ii7 ensuring that the ,chief ,operating ,officer acquires senior managers with demonstrated management ability and expertise in consumer lending 7as described in subsection 7b77#a77;,c77iii774 7,b7 ,approving the appointment or reappointment of a ,chief ,operating ,officer1 except that the board shall have no authority to approve or disapprove the reappointment of the ,chief ,operating ,officer who holds such position on the date of enactment of the ,,prosper ,act4 7,c7 ,making recommendations with respect to the suitability of any bonuses proposed to be provided to the ,chief ,operating ,officer or senior managers described under subsections 7d7 and 7e71 to ensure that a bonus is not awarded to the ,officer or a senior manager in a case in which such ,officer or manager has failed to meet goals set for them under the relevant performance plan under subsections 7d77#d7 and 7e77#b71 respectively4 7,d7 ,approving any performance plan established for the ,,pbo4 7#d7 ,board operations 7,a7 ,meetings ,the ,board shall meet at least twice per year and at such other times as the chairperson determines appropriate4 7,b7 ,powers of chairperson ,except as otherwise provided by a majority vote of the ,board1 the powers of the chairperson shall include-- 7i7 establishing committees2 7ii7 setting meeting places and times2 7iii7 establishing meeting agendas2 and 7iv7 developing rules for the conduct of business4 7,c7 ,quorum ,four members of the ,board shall constitute a quorum4 ,a majority of members present and voting shall be required for the ,board to take action4 7,d7 ,administration ,the ,federal ,advisory ,committee ,act shall not apply with respect to the ,board1 other than sections #aj1 #aa and #ab of such ,act4 7#e7 ,annual report 7,a7 ,in general ,not less frequently than once annually1 the ,board shall submit to the authorizing committees a report on the results of the work conducted by the ,,pbo4 7,b7 ,contents ,each report under clause 7i7 shall include-- 7i7 a description of the oversight work of the ,board and the results of such work2 7ii7 a description of statutory requirements of this section and section #add where the ,,pbo is not in compliance2 7iii7 recommendations on the appointment or reappointment of a ,chief ,operating ,officer2 7iv7 recommendations regarding bonus payments for the ,chief ,operating ,officer and senior managers2 and 7v7 recommendations for the authorizing ,committees and the ,appropriations ,committees on-- 7,i7 any statutory changes needed that would enhance the ability of the ,,pbo to meet the purposes of this section2 and 7,,ii7 any recommendations for the ,secretary or the ,chief ,operating ,officer that will improve the operations of the ,,pbo4 7vi7 ,issuance and ,public ,release ,each report under clause 7i7 shall be posted on the publicly accessible website of the ,department of ,education4 7vii7 ,,pbo ,recommendations ,not later than #ahj days after the submission of each report under clause 7i71 the ,chief ,operating ,officer shall respond to each recommendation individually1 which shall include a description of such actions that the ,officer is undertaking to address such recommendation4 7,c7 ,staff 7i7 ,in general ,the ,secretary may appoint to the ,board not more than #g employees to assist in carrying out the duties of the ,board under this section4 7ii7 ,technical ,employees ,such appointments may include1 for terms not to exceed #c years and without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 not more than #c technical employees who may be paid without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates1 but no individual so appointed shall be paid in excess of the rate authorized for ,,gs-#ah of the ,general ,schedule4 7iii7 ,detailees ,the ,secretary may detail1 on a reimbursable basis1 any of the personnel of the ,department for the purposes described in clause 7i74 ,such employees shall serve without additional pay1 allowances1 or benefits4 7iv7 ,statutory construction ,nothing in this subparagraph shall be construed to provide for an increase in the total number of permanent full-time equivalent positions in the ,department or any other department or agency of the ,federal ,government4 7#f7 ,briefing on activities of the oversight board ,the ,secretary shall1 upon request1 provide a briefing to the authorizing committees on the steps the ,board has taken to carry out its responsibilities under this subsection4 4 #acb4 ,administrative data transparency ,part ,d of title ,i 7#bj ,u4,s4,c4 #ajah et seq47 is amended by adding at the end the following3 #add4 ,administrative data transparency 7a7 ,in general ,to improve the transparency of the student aid delivery system1 the ,secretary and the ,chief ,operating ,officer shall collect and publish information on the performance of student loan programs under title ,,iv in accordance with this section4 7b7 ,disclosures 7#a7 ,in general ,the ,secretary and the ,chief ,operating ,officer shall publish on a publicly accessible website of the ,department of ,education the following aggregate statistics with respect to the performance of student loans under title ,,iv3 7,a7 ,the number of borrowers who paid off the total outstanding balance of principal and interest on their loans before the end of the #aj-year or consolidated loan repayment schedule4 7,b7 ,the number of loans under each type of deferment and forbearance4 7,c7 ,the average length of time a loan stays in default4 7,d7 ,the percentage of loans in default among borrowers who completed the program of study for which the loans were made4 7,e7 ,the number of borrowers enrolled in an income-based repayment plan who make monthly payments of #j and the average student loan debt of such borrowers4 7,f7 ,the number of students whose loan balances are growing because such students are not paying the full amount of interest accruing on the loans4 7,g7 ,the number of borrowers entering income-based repayment plans to get out of default4 7,h7 ,the number of borrowers in income-based repayment plans who have outstanding student loans from graduate school1 and the average balance of such loans4 7,i7 ,with respect to the public service loan forgiveness program under section #dee7m7-- 7i7 the number of applications submitted and processed2 7ii7 the number of borrowers granted loan forgiveness2 7iii7 the amount of loan debt forgiven2 and 7iv7 the number of borrowers granted loan forgiveness1 and the amount of the loan debt forgiven1 disaggregated by each category of employer that employs individuals in public service jobs 7as defined in section #dee7m77#c77;,b71 including-- 7,i7 the ,federal ,government1 or a ,state or local government2 7,,ii7 an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code2 and 7,,iii7 a non-profit organization not described in subclause 7,,ii74 7,j7 ,any other aggregate statistics the ,secretary and the ,chief ,operating ,officer determine to be necessary to adequately inform the public of the performance of the student loan programs under title ,,iv4 7#b7 ,disaggregation ,the statistics described in clauses 7i7 through 7iii7 of paragraph 7#a77;,i7 shall be disaggregated-- 7,a7 by the number or amount for most recent quarter2 7,b7 by the total number or amount as of the date of publication2 7,c7 by repayment plan2 7,d7 by borrowers seeking loan forgiveness for loans made for an undergraduate course of study2 and 7,e7 by borrowers seeking loan forgiveness for loans made for a graduate course of study4 7#c7 ,quarterly updates ,the statistics published under paragraph 7#a7 shall be updated not less frequently than once each fiscal quarter4 7c7 ,information collection 7#a7 ,in general ,the ,secretary and the ,chief ,operating ,officer shall collect information on the performance of student loans under title ,,iv over time1 including-- 7,a7 measurement of the cash flow generated by such loans as determined by assessing monthly payments on the loans over time2 7,b7 the income level and employment status of borrowers during repayment2 7,c7 the loan repayment history of borrowers prior to default2 7,d7 the progress of borrowers in making monthly payments on loans after defaulting on the loans2 and 7,e7 such other information as the ,secretary and the ,chief ,operating ,officer determine to be appropriate4 7#b7 ,availability 7,a7 ,in general ,the information collected under paragraph 7#a7 shall be made available biannually to organizations and researchers that-- 7i7 submit to the ,secretary and the ,chief ,operating officer a request for such information2 and 7ii7 enter into an agreement with the ,national ,center for ,education ,statistics under which the organization or researcher 7as the case may be7 agrees to use the information in accordance with the privacy laws described in subparagraph 7,b74 7,b7 ,privacy protections ,the privacy laws described in this subparagraph are the following3 7i7 ,section #ahc of the ,education ,sciences ,reform ,act of #bjjb 7#bj ,u4,s4,c4 #iegc74 7ii7 ,the ,privacy ,act of #aigd 7#e ,u4,s4,c4 #eeb;a74 7iii7 ,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 7iv7 ,subtitle ,a of title ,v of the ,e-,government ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note74 7,c7 ,format ,the information described in subparagraph 7,a7 shall be made available in the format of a data file that contains an statistically accurate1 representative sample of all borrowers of loans under title ,,iv4 7d7 ,data sharing ,the ,secretary and the ,chief ,operating ,officer may enter into cooperative data sharing agreements with other ,federal or ,state agencies to ensure the accuracy of information collected and published under this section4 7e7 ,privacy ,the ,secretary and the ,chief ,operating ,officer shall ensure that any information collected1 published1 or otherwise made available under this section does not reveal personally identifiable information4 4 #acc4 ,report by ,,gao on transfer of functions of the ,office of ,federal ,student ,aid to the ,department of ,treasury 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study on the impact of transferring the functions1 in whole or in part1 of the ,office of ,federal ,student ,aid from the ,department of ,education to the ,department of the ,treasury1 which shall include-- 7#a7 the potential impact of such transfer on the ,federal government1 including-- 7,a7 any change in cost of administering the program2 and 7,b7 the duplication of duties by ,federal agencies2 7#b7 an analysis of how the responsibilities and operations of the ,office of ,federal ,student ,aid of the ,department of ,education overlaps with relevant responsibilities and operations at the ,department of ,treasury2 7#c7 an analysis of whether the employees of the ,department of ,treasury possess the necessary expertise and experience to manage and oversee the functions of the ,office of ,federal ,student ,aid of the ,department of ,education2 and 7#d7 the potential impact of such transfer on administrative costs and staff necessary for carrying out such functions4 7b7 ,consultation ,in conducting the study under subsection 7a71 the ,comptroller ,general of the ,united ,states shall consult with stakeholders1 including institutions of higher education1 financial aid administrators1 and existing entities that contract with the ,office of ,federal ,student ,aid of the ,department of ,education1 that may be impacted by the transfer studied under such subsection4 7c7 ,report ,not later than #b years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall complete the study under subsection 7a7 and submit a report to the ,house ,committee on ,education and the ,workforce and the ,senate ,committee on ,health1 ,education1 ,labor1 and ,pensions that includes the results of such study4 ,e ,lender and ,institution ,requirements ,relating to ,education ,loans #ada4 ,modification of preferred lender arrangements 7a7 ,in general ,part ,e of title ,i 7#bj ,u4,s4,c4 #ajai et seq47 is amended-- 7#a7 in section #aea 7#bj ,u4,s4,c4 #ajai7b77-- 7,a7 in paragraph 7#b71 by striking section #ajb and inserting section #aja or #ajb2 7,b7 in paragraph 7#c7-- 7i7 by striking or at the end of subparagraph 7,b72 7ii7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7iii7 by inserting after subparagraph 7,b71 the following3 7,c7 any loan made under part ,e of title ,,iv after the date of enactment of the ,,prosper ,act2 or 2 7,c7 in paragraph 7#f77;,a7-- 7i7 by striking and at the end of clause 7ii72 7ii7 by redesignating clause 7iii7 as clause 7iv72 and 7iii7 by inserting after clause 7ii71 the following3 7iii7 in the case of a loan issued or provided to a student under part ,e of title ,,iv on or after the date of enactment of the ,,prosper ,act2 2 7,d7 in paragraph 7#h77;,b7-- 7i7 by striking or at the end of clause 7i72 7ii7 by redesignating clause 7ii7 as clause 7iii72 and 7iii7 by inserting after clause 7i71 the following3 7ii7 arrangements or agreements with respect to loans under part ,e of title ,,iv2 or 2 7#b7 in section #aeb 7#bj ,u4,s4,c4 #ajai7-- 7,a7 in subsection 7a77#a7-- 7i7 in subparagraph 7,b71 by amending clause 7i7 to read as follows3 7i7 make available to the prospective borrower on a website or with informational material1 the information the ,board of ,governors of the ,federal ,reserve ,system requires the lender to provide to the covered institution under section #abh7;e77#aa7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afch7;e77#aa77 for such loan2 2 and 7ii7 by adding at the end the following3 7,d7 ,special rule ,notwithstanding any other provision of law1 a covered institution1 or an institution-affiliated organization of such covered institution1 shall not be required to provide any information regarding private education loans to prospective borrowers except for the information described in subparagraph 7,b74 2 and 7,b7 in subsection 7b77#a77;,a77i71 by striking part ,b or ,d and inserting part ,b1 ,d1 or ,e2 7#c7 in section #aec 7#bj ,u4,s4,c4 #ajai;b7-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a77;,b7-- 7,i7 in clause 7i71 by adding and at the end2 7,,ii7 in clause 7ii71 by striking 2 and at the end and inserting a period2 and 7,,iii7 by striking clause 7iii72 and 7ii7 in paragraph 7#b71 by amending subparagraph 7,c7 to read as follows3 7,c7 update such model disclosure form not later than #ahj after the date of enactment of the ,,prosper ,act1 and periodically thereafter1 as necessary4 2 and 7,b7 by amending subsection 7c7 to read as follows3 7c7 ,duties of covered institutions and institution-affiliated organizations 7#a7 ,code of conduct ,each covered institution1 and each institution-affiliated organization of such covered institution1 that has a preferred lender arrangement1 shall comply with the code of conduct requirements of subparagraphs 7,a7 through 7,c7 of section #dhg7;a77#bc74 7#b7 ,applicable code of conduct ,for purposes of subparagraph 7,a71 an institution-affiliated organization of a covered institution shall-- 7,a7 comply with the code of conduct developed and published by such covered institution under subparagraphs 7,a7 and 7,b7 of section #dhg7;a77#bc72 7,b7 if such institution-affiliated organization has a website1 publish such code of conduct prominently on the website2 and 7,c7 administer and enforce such code of conduct by1 at a minimum1 requiring that all of such organization's agents with responsibilities with respect to education loans be annually informed of the provisions of such code of conduct4 2 and 7#d7 in section #aed 7#bj ,u4,s4,c4 #ajai;c7-- 7,a7 in the section heading1 by inserting before the period at the end the following3 or the ,federal ,,one ,loan ,program2 7,b7 by striking ,william ,d4 ,ford ,direct ,loan ,program each place it appears and inserting ,william ,d4 ,ford ,direct ,loan ,program or the ,federal ,,one ,loan ,program 7,c7 by striking part ,d each place it appears and inserting part ,d or ,e2 and 7,d7 in subsection 7a7-- 7i7 by striking the development and inserting the first update2 7ii7 by striking section #aec7;a77#b77;,b7 and inserting section #aec7;a77#b77;,c72 and 7iii7 by striking ,federal ,direct ,stafford ,loans1 ,federal ,direct ,unsubsidized ,stafford ,loans1 and ,federal ,direct ,,plus and inserting undergraduate1 graduate1 and parent4 7b7 ,limitation ,the ,secretary of ,education shall not impose1 administer1 or enforce any requirements on a covered institution or an institution-affiliated organization of a covered institution relating to preferred lender lists or arrangements unless explicitly authorized by sections #aeb7;a77#a77;,b71 #aec7;c71 or #dhg7;h77#a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajai;a7a77#a77;,b71 #ajai;b7c71 or #ajid7;h71 respectively7 as amended by this ,act4 ,f ,addressing sexual assault #aea4 ,addressing sexual assault ,title ,i 7#bj ,u4,s4,c4 #ajja et seq47 is amended by adding at the end the following new part3 ,f ,addressing ,sexual ,assault #afa4 ,application ,the requirements of this part shall apply to any institution of higher education receiving ,federal financial assistance under this ,act1 including financial assistance provided to students under title ,,iv1 other than-- 7#a7 an institution outside the ,united ,states2 or 7#b7 an institution that provides instruction primarily through online courses4 #afb4 ,campus climate surveys 7a7 ,surveys to measure campus attitudes and climate regarding sexual assault and misconduct on campus ,each institution of higher education that is subject to this part shall conduct surveys of its students to measure campus attitudes towards sexual assault and the general climate of the campus regarding the institution's treatment of sexual assault on campus1 and shall use the results of the survey to improve the institution's ability to prevent and respond appropriately to incidents of sexual assault4 7b7 ,contents ,the institution's survey under this section shall consist of such questions as the institution considers appropriate1 which may 7at the option of the institution7 include any of the following3 7#a7 ,questions on the incidence and prevalence of sexual assault experienced by students4 7#b7 ,questions on whether students who experience sexual assault report such incidents to campus officials or law enforcement agencies4 7#c7 ,questions on whether the alleged perpetrators are students of the institution4 7#d7 ,questions to test the students' knowledge and understanding of institutional policies regarding sexual assault and available campus support services for victims of sexual assault4 7#e7 ,questions to test the students' knowledge1 understanding1 and retention of campus sexual assault prevention and awareness programming4 7#f7 ,questions related to dating violence1 domestic violence1 and stalking4 7c7 ,other issues relating to the administration of surveys 7#a7 ,mandatory confidentiality of responses ,the institution shall ensure that all responses to surveys under this section are kept confidential and do not require the respondents to provide personally identifiable information4 7#b7 ,encouraging use of best practices and appropriate language ,the institution is encouraged to administer the surveys under this section in accordance with best practices derived from peer-reviewed research1 and to use language that is sensitive to potential respondents who may have been victims of sexual assault4 7#c7 ,encouraging responses ,the institution shall make a good faith effort to encourage students to respond to the surveys4 7d7 ,role of ,secretary 7#a7 ,development of sample surveys ,the ,secretary1 in consultation with relevant stakeholders1 shall develop sample surveys that an institution may elect to use under this section1 and shall post such surveys on a publicly accessible website of the ,department of ,education4 ,the ,secretary shall develop sample surveys that are suitable for the various populations who will participate in the surveys4 7#b7 ,limit on other activities ,in carrying out this section1 the ,secretary-- 7,a7 may not regulate or otherwise impose conditions on the contents of an institution's surveys under this section1 except as may be necessary to ensure that the institution meets the confidentiality requirements of subsection 7c77#a72 and 7,b7 may not use the results of the surveys to make comparisons between institutions of higher education4 7e7 ,frequency ,an institution of higher education that is subject to this part shall conduct a survey under this section not less frequently than once every #c academic years4 #afc4 ,survivors' counselors 7a7 ,requiring institutions to make counselor available 7#a7 ,in general ,each institution of higher education that is subject to this part shall retain the services of qualified sexual assault survivors' counselors to counsel and support students who are victims of sexual assault4 7#b7 ,use of contractors permitted ,at the option of the institution1 the institution may retain the services of counselors who are employees of the institution or may enter into agreements with other institutions of higher education1 victim advocacy organizations1 or other appropriate sources to provide counselors for purposes of this section4 7#c7 ,number ,the institution shall retain such number of counselors under this section as the institution considers appropriate based on a reasonable determination of the anticipated demand for such counselors' services1 so long as the institution retains the services of at least one such counselor at all times4 7b7 ,qualifications ,a counselor is qualified for purposes of this section if the counselor has completed education specifically designed to enable the counselor to provide support to victims of sexual assault1 and is familiar with relevant laws on sexual assault as well as the institution's own policies regarding sexual assault4 7c7 ,informing victims of available options and services ,in providing services pursuant to this section1 a counselor shall-- 7#a7 inform the victim of sexual assault of options available to victims1 including the procedures the victim may follow to report the assault to the institution or to a law enforcement agency2 and 7#b7 inform the victim of interim measures that may be taken pending the resolution of institutional disciplinary proceedings or the conclusion of criminal justice proceedings4 7d7 ,confidentiality 7#a7 ,maintaining confidentiality of information ,in providing services pursuant to this section1 a counselor shall-- 7,a7 maintain confidentiality with respect to any information provided by a victim of sexual assault to the greatest extent permitted under applicable law2 and 7,b7 notify the victim of any circumstances under which the counselor is required to report information to others 7including a law enforcement agency7 notwithstanding the general requirement to maintain confidentiality under subparagraph 7,a74 7#b7 ,maintaining privacy of records ,a counselor providing services pursuant to this section shall be considered a recognized professional for purposes of section #ddd7;a77#d77;,b77iv7 of the ,general ,education ,provisions ,act 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd7 7#bj ,u4,s4,c4 #abcb;g7a77#d77;,b77iv774 7e7 ,limitations 7#a7 ,no reporting of incidents under ,clery ,act or other authority ,a counselor providing services pursuant to this section is not required to report incidents of sexual assault that are reported to the counselor for inclusion in any report on campus crime statistics1 and shall not be considered part of a campus police or security department for purposes of section #dhe7;f74 7#b7 ,no coverage of counselors as responsible employees under ,title ,,ix ,a counselor providing services pursuant to this section on behalf of an institution of higher education shall not be considered a responsible employee of the institution for purposes of title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq47 or the regulations promulgated pursuant to such title4 7f7 ,notifications to ,students ,each institution of higher education that is subject to this part shall make a good faith effort to notify its students of the availability of the services of counselors pursuant to this section through the statement of policy described in section #dhe7;f77#h77;,b77vi7 and any other methods as the institution considers appropriate1 including disseminating information through the institution's website1 posting notices throughout the campus1 and including information as part of programs to educate students on sexual assault prevention and awareness4 #afd4 ,form to distribute to victims of sexual assault 7a7 ,requirement to develop and distribute form ,each institution of higher education that is subject to this part shall develop a one-page form containing information to provide guidance and assistance to students who may be victims of sexual assault1 and shall make the form widely available to students4 7b7 ,contents of form ,the form developed under this section shall contain such information as the institution considers appropriate1 and may include the following3 7#a7 ,information about the services of counselors which are available pursuant to section #afc1 including a statement that the counselor will provide the maximum degree of confidentiality permitted under law1 and a brief description of the circumstances under which the counselor may be required to report information notwithstanding the victim's desire to keep the information confidential4 7#b7 ,information about other appropriate campus resources and resources in the local community1 including contact information4 7#c7 ,information about where to obtain medical treatment1 and information about transportation services to such medical treatment facilities1 if available4 7#d7 ,information about the importance of preserving evidence after a sexual assault4 7#e7 ,information about how to file a report with local law enforcement agencies4 7#f7 ,information about the victim's right to request accommodations1 and examples of accommodations that may be provided4 7#g7 ,information about the victim's right to request that the institution begin an investigation of an allegation of sexual assault and initiate an institutional disciplinary proceeding if the alleged perpetrator of the assault is another student or a member of the faculty or staff of the institution4 7#h7 ,a statement that an institutional disciplinary proceeding is not a substitute for a criminal justice proceeding4 7#i7 ,information about how to report a sexual assault to the institution1 including the designated official or office responsible for receiving these reports4 7c7 ,development of model forms ,the ,secretary1 in consultation with relevant stakeholders1 shall develop model forms that an institution may use to meet the requirements of this section1 and shall include in such model forms language which may accommodate a variety of ,state and local laws and institutional policies4 ,nothing in this subsection may be construed to require an institution to use any of the model forms developed under this subsection4 #afe4 ,memoranda of understanding with local law enforcement agencies 7a7 ,findings2 ,purpose 7#a7 ,findings ,because sexual assault is a serious crime1 coordination and cooperation between institutions of higher education and law enforcement agencies are critical in ensuring that reports of sexual assaults on campus are handled in an appropriate and effective manner4 ,a memorandum of understanding entered into between an institution and the law enforcement agency with primary jurisdiction for responding to reports of sexual assault on the institution's campus is a useful tool to promote this coordination and cooperation4 7#b7 ,purpose ,it is the purpose of this section to encourage each institution of higher education that is subject to this part to enter into a memorandum of understanding with the law enforcement agency with primary jurisdiction for responding to reports of sexual assault on the institution's campus so that reports of sexual assault on the institution's campus may be handled in an appropriate and effective manner4 7b7 ,contents of memorandum ,an institution of higher education and a law enforcement agency entering into a memorandum of understanding described in this section are encouraged to include in the memorandum provisions addressing the following3 7#a7 ,an outline of the protocols and a delineation of responsibilities for responding to a report of sexual assault occurring on campus4 7#b7 ,a clarification of each party's responsibilities under existing ,federal1 ,state1 and local law or policies4 7#c7 ,the need for the law enforcement agency to know about institutional policies and resources so that the agency can direct student-victims of sexual assault to such resources4 7#d7 ,the need for the institution to know about resources available within the criminal justice system to assist survivors1 including the presence of special prosecutor or police units specifically designated to handle sexual assault cases4 7#e7 ,if the institution has a campus police or security department with law enforcement authority1 the need to clarify the relationship and delineate the responsibilities between such department and the law enforcement agency with respect to handling incidents of sexual assaults occurring on campus4 7c7 ,role of ,secretary ,the ,secretary1 in consultation with the ,attorney ,general1 shall develop best practices for memoranda of understanding described in this section1 and shall disseminate such best practices on a publicly accessible website of the ,department of ,education4 #aff4 ,definitions ,in this part3 7#a7 ,the term sexual assault has the meaning given such term in section #dhe7;f77#f77;,a77v74 7#b7 ,the terms dating violence1 domestic violence1 and stalking1 have the meaning given such terms in section #dhe7;f77#f77;,a77i74 4 ,,ii ,expanding ,access to ,in-,demand ,apprenticeships #bja4 ,repeal 7a7 ,repeal ,title ,,ii 7#bj ,u4,s4,c4 #ajba et seq47 is repealed4 7b7 ,part ,a transition ,part ,a of title ,,ii 7#bj ,u4,s4,c4 #ajbb et seq471 as in effect on the day before the date of the enactment of this ,act1 may be carried out using funds that have been appropriated for such part until ,september #cj1 #bjah4 #bjb4 ,grants for access to high-demand careers ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 is amended by inserting after title ,i the following3 ,,ii ,expanding ,access to ,in-,demand ,apprenticeships #bja4 ,apprenticeship grant program 7a7 ,purpose ,the purpose of this section is to expand student access to1 and participation in1 new industry-led earn-and-learn programs leading to high-wage1 high-skill1 and high-demand careers4 7b7 ,authorization of apprenticeship grant program 7#a7 ,in general ,from the amounts authorized under subsection 7j71 the ,secretary shall award grants1 on a competitive basis1 to eligible partnerships for the purpose described in subsection 7a74 7#b7 ,duration ,the ,secretary shall award grants under this section for a period of-- 7,a7 not less than #a year2 and 7,b7 not more than #d years4 7#c7 ,limitations 7,a7 ,amount ,a grant awarded under this section may not be in an amount greater than #a1ejj1jjj4 7,b7 ,number of awards ,an eligible partnership or member of such partnership may not be awarded more than one grant under this section4 7,c7 ,administration costs ,an eligible partnership awarded a grant under this section may not use more than #e percent of the grant funds to pay administrative costs associated with activities funded by the grant4 7c7 ,matching funds ,to receive a grant under this section1 an eligible partnership shall1 through cash or in-kind contributions1 provide matching funds from non-,federal sources in an amount equal to or greater than #ej percent of the amount of such grant4 7d7 ,applications 7#a7 ,in general ,to receive a grant under this section1 an eligible partnership shall submit to the ,secretary at such a time as the ,secretary may require1 an application that-- 7,a7 identifies and designates the business or institution of higher education responsible for the administration and supervision of the earn-and-learn program for which such grant funds would be used2 7,b7 identifies the businesses and institutions of higher education that comprise the eligible partnership2 7,c7 identifies the source and amount of the matching funds required under subsection 7c72 7,d7 identifies the number of students who will participate and complete the relevant earn-and-learn program within #a year of the expiration of the grant2 7,e7 identifies the amount of time1 not to exceed #b years1 required for students to complete the program2 7,f7 identifies the relevant recognized postsecondary credential to be awarded to students who complete the program2 7,g7 identifies the anticipated earnings of students-- 7i7 #a year after program completion2 and 7ii7 #c years after program completion2 7,h7 describes the specific project for which the application is submitted1 including a summary of the relevant classroom and paid structured on-the-job training students will receive2 7,i7 describes how the eligible partnership will finance the program after the end of the grant period2 7,j7 describes how the eligible partnership will support the collection of information and data for purposes of the program evaluation required under subsection 7h72 and 7,k7 describes the alignment of the program with ,state identified in-demand industry sectors4 7#b7 ,application review process 7,a7 ,review panel ,applications submitted under paragraph 7#a7 shall be read by a panel of readers composed of individuals selected by the ,secretary4 ,the ,secretary shall assure that an individual assigned under this paragraph does not have a conflict of interest with respect to the applications reviewed by such individual4 7,b7 ,composition of review panel ,the panel of reviewers selected by the ,secretary under subparagraph 7,a7 shall be comprised as follows3 7i7 ,a majority of the panel shall be individuals who are representative of businesses1 which may include owners1 executives with optimum hiring authority1 or individuals representing business organizations or business trade associations4 7ii7 ,the remainder of the panel shall be equally divided between individuals who are-- 7,i7 representatives of institutions of higher education that offer programs of two years or less2 and 7,,ii7 representatives of ,state workforce development boards established under section #aja of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caaa74 7,c7 ,review of applications ,the ,secretary shall instruct the review panel selected by the ,secretary under paragraph 7#b77;,a7 to evaluate applications using only the criteria specified in paragraph 7#a7 and make recommendations with respect to-- 7i7 the quality of the applications2 7ii7 whether a grant should be awarded for a project under this title2 and 7iii7 the amount and duration of such grant4 7,d7 ,notification ,not later than ,june #cj of each year1 the ,secretary shall notify each eligible partnership submitting an application under this section of-- 7i7 the scores given the applicant by the panel pursuant to this section2 7ii7 the recommendations of the panel with respect to such application2 and 7iii7 the reasons for the decision of the ,secretary in awarding or refusing to award a grant under this section2 and 7iv7 modifications1 if any1 in the recommendations of the panel made to the ,secretary4 7e7 ,award basis ,the ,secretary shall award grants under this section on the following basis-- 7#a7 the number of participants to be served by the grant2 7#b7 the anticipated income of program participants in relation to the regional median income2 7#c7 the alignment of the program with ,state-identified in-demand industry sectors2 and 7#d7 the recommendations of the readers under subsection 7d77#b77;,c74 7f7 ,use of funds ,grant funds provided under this section may be used for-- 7#a7 the purchase of appropriate equipment1 technology1 or instructional material1 aligned with business and industry needs1 including machinery1 testing equipment1 hardware and software2 7#b7 student books1 supplies1 and equipment required for enrollment2 7#c7 the reimbursement of up to #ej percent of the wages of a student participating in an earn-and-learn program receiving a grant under this section2 7#d7 the development of industry-specific programing2 7#e7 supporting the transition of industry-based professionals from an industry setting to an academic setting2 7#f7 industry-recognized certification exams or other assessments leading to a recognized postsecondary credential associated with the earn-and-learn program2 and 7#g7 any fees associated with the certifications or assessments described in paragraph 7#f74 7g7 ,technical assistance ,the ,secretary may provide technical assistance to eligible partnerships awarded under this section throughout the grant period for purposes of grant management4 7h7 ,evaluation 7#a7 ,in general ,from the amounts made available under subsection 7j71 the ,secretary1 acting through the ,director of the ,institute for ,education ,sciences1 shall provide for the independent evaluation of the grant program established under this section that includes the following3 7,a7 ,an assessment of the effectiveness of the grant program in expanding earn-and-learn program opportunities offered by employers in conjunction with institutions of higher education4 7,b7 ,the number of students who participated in programs assisted under this section4 7,c7 ,the percentage of students participating in programs assisted under this section who successfully completed the program in the time described in subsection 7d77#a77;,e74 7,d7 ,the median earnings of program participants-- 7i7 #a year after exiting the program2 and 7ii7 #c years after exiting the program4 7,e7 ,the percentage of students participating in programs assisted under this section who successfully receive a recognized postsecondary credential4 7,f7 ,the number of students served by programs receiving funding under this section-- 7i7 #b years after the end of the grant period2 7ii7 #d years after the end of the grant period4 7#b7 ,prohibition ,notwithstanding any other provision of law1 the evaluation required by this subsection shall not be subject to any review outside the ,institute for ,education ,sciences before such reports are submitted to ,congress and the ,secretary4 7#c7 ,publication ,the evaluation required by this subsection shall be made publicly available on the website of the ,department4 7i7 ,definitions ,in this section3 7#a7 ,earn-and-learn program ,the term earn-and-learn program means an education program1 including an apprenticeship program1 that provides students with structured1 sustained1 and paid on-the-job training and accompanying1 for credit1 classroom instruction that-- 7,a7 is for a period of between #c months and #b years2 and 7,b7 leads to1 on completion of the program1 a recognized postsecondary credential4 7#b7 ,eligible partnership ,the term eligible partnership shall mean a consortium that includes-- 7,a7 #a or more businesses2 and 7,b7 #a or more institutions of higher education4 7#c7 ,in-demand industry sector or occupation ,the term in-demand industry sector or occupation has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#d7 ,on-the-job training ,the term on-the-job training has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#e7 ,recognized postsecondary credential ,the term recognized postsecondary credential has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7j7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #ahc1bjd1jjj for fiscal year #bjai and each of the #e succeeding fiscal years4 4 ,,iii ,institutional ,aid #cja4 ,strengthening institutions ,part ,a of title ,,iii 7#bj ,u4,s4,c4 #ajeg et seq47 is amended-- 7#a7 in the part heading for part ,a1 by inserting ,minority-serving after ,strengthening2 7#b7 in section #caa-- 7,a7 by striking subsection 7b7 and redesignating subsections 7c7 and 7d7 as subsections 7b7 and 7c71 respectively2 7,b7 in subsection 7b7 7as so redesignated7-- 7i7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,tutoring1 counseling1 advising1 and student service programs designed to improve academic success1 including innovative and customized instructional courses 7which may include remedial education and ,english language instruction7 designed to help retain students and move the students rapidly into core courses and through program completion4 2 7ii7 in paragraph 7#h71 by striking acquisition of equipment for use in strengthening funds management and inserting acquisition of technology1 services1 and equipment for use in strengthening funds and administrative management2 7iii7 in paragraph 7#ab71 by striking ,creating and all that follows through technologies1 and inserting ,innovative learning models and creating or improving facilities for ,internet or other innovative technologies12 7iv7 by redesignating paragraph 7#ac7 as paragraph 7#ah72 and 7v7 by inserting after paragraph 7#ab7 the following3 7#ac7 ,establishing community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education4 7#ad7 ,the development1 coordination1 implementation1 or improvement of career and technical education programs as defined in section #ace of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcee74 7#ae7 ,alignment and integration of career and technical education programs with programs of study leading to a bachelor's degree1 graduate degree1 or professional degree4 7#af7 ,developing or expanding access to dual or concurrent enrollment programs and early college high school programs4 7#ag7 ,pay for success initiatives that improve time to completion and increase graduation rates4 2 and 7,c7 in subsection 7c7 7as so redesignated71 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 income from such endowment fund to provide scholarships to students for the purposes of attending such institution1 subject to the limitation in section #cca7;c77#c77;,b77i74 2 7#c7 in section #cab-- 7,a7 in subsection 7a71 by striking transfers which the institution and inserting transfers that the institution2 7,b7 in subsection 7b77#a7-- 7i7 by redesignating subparagraphs 7,e7 and 7,f7 as subparagraphs 7,f7 and 7,e71 respectively 7and by reordering such subparagraphs accordingly72 7ii7 in subparagraph 7,e7 7as so redesignated71 by inserting 7as defined in section #ajc7bj77;,a77 after ,state2 and 7iii7 in subparagraph 7,f7 7as so redesignated71 by striking and at the end2 and 7,c7 in subsection 7b7-- 7i7 by striking the period at the end of paragraph 7#b7 and inserting 2 and2 and 7ii7 by inserting after paragraph 7#b7 the following3 7#c7 except as provided in section #cib7;b71 an institution that has a completion rate of at least #be percent that is calculated by counting a student as completed if that student-- 7,a7 graduates within #aej percent of the normal time for completion2 or 7,b7 enrolled into another program at an institution for which the previous program provided substantial preparation within #aej percent of the normal time for completion4 2 7#d7 in section #cac-- 7,a7 in subsection 7a7-- 7i7 by striking for #e years and inserting for a period of #e years2 and 7ii7 by adding at the end the following3 ,any funds awarded under this section that are not expended or used for the purposes for which the funds were paid within #aj years following the date on which the grant was awarded1 shall be repaid to the ,treasury42 and 7,b7 by striking subsection 7d72 7#e7 in section #caf-- 7,a7 in subsection 7c7-- 7i7 in paragraph 7#b7-- 7,i7 by striking subparagraph 7,a7 and inserting the following3 7,a7 the activities described in paragraphs 7#a7 through 7#ab7 and 7#ad7 through 7#ag7 of section #caa7;b72 2 7,,ii7 by striking subparagraphs 7,e7 through 7,j72 7,,iii7 by redesignating subparagraphs 7,k7 and 7,l7 as subparagraphs 7,e7 and 7,f71 respectively2 7,,iv7 by striking subparagraph 7,m72 and 7,v7 by redesignating subparagraph 7,n7 as subparagraph 7,g72 and 7,,vi7 in subparagraph 7,g7 7as so redesignated71 by striking 7,m7 and inserting 7,f72 and 7ii7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,endowment fund ,a ,tribal ,college or ,university seeking to establish or increase an endowment fund shall abide by the requirements in section #caa7;c74 2 and 7,b7 in subsection 7d7-- 7i7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,application ,a ,tribal ,college or ,university desiring to receive assistance under this section shall submit an application to the ,secretary pursuant to section #cia4 2 and 7ii7 in paragraph 7#d7-- 7,i7 in subparagraph 7,a71 by striking part ,a of2 and 7,,ii7 in subparagraph 7,b71 by striking #cac7;d7 and inserting #cab7;b77#c72 7#f7 in section #cag-- 7,a7 in subsection 7c7-- 7i7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,examples of authorized activities ,such programs may include-- 7,a7 the activities described in paragraphs 7#a7 through 7#ag7 of section #caa7;b72 and 7,b7 other activities proposed in the application submitted pursuant to subsection 7d7 that-- 7i7 contribute to carrying out the purpose of this section2 and 7ii7 are approved by the ,secretary as part of the review and approval of an application submitted under subsection 7d74 2 and 7ii7 by adding at the end the following3 7#c7 ,endowment fund ,an ,alaska ,native-serving institution and ,native ,hawaiian-serving institution seeking to establish or increase an endowment fund shall abide by the requirements in section #caa7;c74 2 and 7,b7 in subsection 7d7-- 7i7 by striking paragraph 7#a7 and redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#a7 and 7#b71 respectively2 7ii7 in paragraph 7#a7 7as so redesignated7-- 7,i7 in the first sentence1 by inserting pursuant to section #cia after to the ,secretary2 and 7,,ii7 by striking the remaining sentences2 and 7iii7 in paragraph 7#b7 7as so redesignated7-- 7,i7 in subparagraph 7,a71 by striking this part or part ,b4 and inserting this part1 part ,b1 or title ,v42 and 7,,ii7 by striking subparagraph 7,b7 and redesignating subparagraph 7,c7 as subparagraph 7,b72 7#g7 in section #cah-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,e71 by striking and at the end2 7,,ii7 in subparagraph 7,f77ii71 by striking part ,a of2 7,,iii7 in subparagraph 7,f77iii71 by striking the period at the end and inserting 2 and2 and 7,,iv7 by adding at the end the following2 7,g7 is an eligible institution under section #cab7;b74 2 and 7ii7 by striking paragraph 7#g72 7,b7 in subsection 7d7-- 7i7 in paragraph 7#b7-- 7,i7 in subparagraph 7,a71 by striking through 7#ab7 of section #caa7;c7 and inserting through 7#ag7 of section #caa7;b72 7,,ii7 by striking subparagraph 7,d72 and 7,,iii7 by redesignating subparagraph 7,e7 as subparagraph 7,d72 and 7ii7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,endowment fund ,a ,predominantly ,black ,institution seeking to establish or increase an endowment fund shall abide by the requirements in section #caa7;c74 2 7,c7 in subsection 7f71 by striking all after ,secretary the first place such term appears and inserting pursuant to section #cia42 7,d7 by striking subsections 7g7 and 7h72 7,e7 by redesignating subsection 7i7 as subsection 7g72 and 7,f7 in subsection 7g7 7as so redesignated71 by striking part ,a of2 7#h7 in section #cai-- 7,a7 in subsection 7c7-- 7i7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,examples of authorized activities ,such programs may include-- 7,a7 the activities described in paragraphs 7#a7 through 7#ag7 of section #caa7;b72 and 7,b7 other activities proposed in the application submitted pursuant to subsection 7d7 that-- 7i7 contribute to carrying out the purpose of this section2 and 7ii7 are approved by the ,secretary as part of the review and approval of an application submitted under subsection 7d74 2 and 7ii7 by adding at the end the following3 7#c7 ,endowment fund ,a ,native ,american-serving1 nontribal institution seeking to establish or increase an endowment fund shall abide by the requirements in section #caa7;c74 2 and 7,b7 in subsection 7d7-- 7i7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,application ,a ,native ,american-serving1 nontribal institution desiring to receive assistance under this section shall submit an application to the ,secretary pursuant to section #cia4 2 7ii7 by striking paragraph 7#b7 and redesignating paragraph 7#c7 as paragraph 7#b72 and 7iii7 in paragraph 7#b7 7as so redesignated7-- 7,i7 in subparagraph 7,a71 by striking part ,a of2 7,,ii7 by striking subparagraph 7,b72 and 7,,iii7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,b7 and 7,c71 respectively2 and 7#i7 in section #cbj-- 7,a7 in subsection 7c7-- 7i7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,examples of authorized activities ,such programs may include-- 7,a7 the activities described in paragraphs 7#a7 through 7#ag7 of section #caa7;b72 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 7,d7 establishing partnerships with community-based organizations serving ,asian ,americans and ,native ,american ,pacific ,islanders2 and 7,e7 other activities proposed in the application submitted pursuant to subsection 7d7 that-- 7i7 contribute to carrying out the purpose of this section2 and 7ii7 are approved by the ,secretary as part of the review and approval of an application submitted under subsection 7d74 2 and 7ii7 by adding at the end the following3 7#c7 ,endowment fund ,an ,asian ,american and ,native ,american ,pacific ,islander-serving institution seeking to establish or increase an endowment fund shall abide by the requirements in section #caa7;c74 2 and 7,b7 in subsection 7d7-- 7i7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,application ,each ,asian ,american and ,native ,american ,pacific ,islander-serving institution desiring to receive assistance under this section shall submit an application to the ,secretary pursuant to section #cia4 2 7ii7 by striking paragraph 7#b7 and redesignating paragraph 7#c7 as paragraph 7#b72 and 7iii7 in paragraph 7#b7 7as so redesignated71 by striking subparagraph 7,b7 and redesignating subparagraph 7,c7 as subparagraph 7,b74 #cjb4 ,strengthening historically ,black colleges and universities ,part ,b of title ,,iii 7#bj ,u4,s4,c4 #ajfj et seq47 is amended-- 7#a7 in section #cbc-- 7,a7 by striking subsection 7a7 and inserting the following 3 7a7 ,authorized activities ,from amounts available under section #cii7;a77#b7 for any fiscal year1 the ,secretary shall make grants 7under section #cbd7 to institutions which have applications approved by the ,secretary 7under section #cbe7 for any of the following uses3 7#a7 ,the activities described in paragraphs 7#a7 through 7#ag7 of section #caa7;b74 7#b7 ,academic instruction in disciplines in which ,black ,americans are underrepresented4 7#c7 ,initiatives to improve the educational outcomes of ,african ,american males4 7#d7 ,establishing or enhancing a program of teacher education designed to qualify students to teach in a public elementary or secondary school in the ,state that shall include1 as part of such program1 preparation for teacher certification4 7#e7 ,acquisition of real property in connection with the construction1 renovation1 or addition to or improvement of campus facilities4 7#f7 ,services necessary for the implementation of projects or activities that are described in the grant application and that are approved1 in advance1 by the ,secretary1 except that not more than two percent of the grant amount may be used for this purpose4 7#g7 ,other activities proposed in the application submitted pursuant to section #cbe 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 2 and 7,b7 by striking subsection 7b7 and inserting the following3 7b7 ,endowment fund ,an institution seeking to establish or increase an endowment shall abide by the requirements in section #caa7;c74 2 7#b7 in section #cbe7;a71 by striking 7,c71 7,d71 and 7,e7 and inserting 7,c7 through 7,f72 7#c7 in section #cbf-- 7,a7 by striking subsection 7b7 and inserting the following3 7b7 ,duration ,the ,secretary may award a grant to an eligible institution under this part for a period of #e years4 ,any funds awarded under this section that are not expended or used for the purposes for which the funds were paid within #aj years following the date on which the grant was awarded1 shall be repaid to the ,treasury4 2 7,b7 by striking subsection 7c7 and inserting the following3 7c7 ,authorized activities ,a grant under this section may be used for-- 7#a7 the activities described in paragraphs 7#a7 through 7#ab71 7#ad7 through 7#ae71 and 7#ag7 of section #caa7;b72 7#b7 scholarships1 fellowships1 and other financial assistance for needy graduate and professional students to permit the enrollment of the students in and completion of the doctoral degree in medicine1 dentistry1 pharmacy1 veterinary medicine1 law1 and the doctorate degree in the physical or natural sciences1 engineering1 mathematics1 or other scientific disciplines in which ,african ,americans are underrepresented2 7#c7 acquisition of real property that is adjacent to the campus in connection with the construction1 renovation1 or addition to or improvement of campus facilities2 7#d7 services necessary for the implementation of projects or activities that are described in the grant application and that are approved1 in advance1 by the ,secretary1 except that not more than two percent of the grant amount may be used for this purpose2 and 7#e7 other activities proposed in the application submitted under subsection 7d7 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 2 7,c7 in subsection 7e77#a7-- 7i7 in subparagraph 7,w71 by striking and at the end2 7ii7 in subparagraph 7,x71 by striking the period at the end and inserting 2 and2 7iii7 by adding at the end the following3 7,y7 ,university of the ,virgin ,islands ,school of ,medicine4 2 7iv7 in each of paragraphs 7#b7 and 7#c7 of subsection 7f71 by striking 7,x7 and inserting 7,y72 and 7v7 in subsection 7g71 by striking #bjjh each place such term appears and inserting #bjah2 and 7#d7 in section #cbg-- 7,a7 by striking the designation and heading for subsection 7a72 and 7,b7 by striking subsection 7b74 #cjc4 ,historically ,black college and university capital financing ,part ,d of title ,,iii 7#bj ,u4,s4,c4 #ajff et seq47 is amended-- 7#a7 in section #cdc-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#a71 by striking an escrow account and inserting a bond insurance fund2 and 7ii7 in paragraph 7#h7-- 7,i7 in the matter preceding subparagraph 7,a71 by striking establish an escrow account and inserting subject to subsection 7f71 establish a bond insurance fund2 and 7,,ii7 in subparagraph 7,a71 by striking the escrow account and inserting the bond insurance fund2 and 7iii7 in paragraph 7#i7-- 7,i7 by striking the escrow account and inserting the bond insurance fund or the escrow account described in subsection 7f77#a77;,b7 and 7,,ii7 by striking such escrow account and inserting such bond insurance fund or escrow account2 7iv7 in subsection 7c7-- 7,i7 in paragraph 7#b71 by striking the escrow account described in subsection 7b77#h7 and inserting the bond insurance fund described in subsection 7b77#h7 and the escrow account described in subsection 7f77#a77;,b72 7,,ii7 in paragraph 7#d71 by striking and the escrow account and inserting 1 the bond insurance fund1 and the escrow account described in subsection 7f77#a77;,b72 and 7,,iii7 in paragraph 7#e77;,b71 by striking and the escrow account and inserting 1 the bond insurance fund1 and the escrow account described in subsection 7f77#a77;,b72 and 7v7 by adding at the end the following3 7f7 ,applicability of bond insurance fund and escrow account and special rules 7#a7 ,applicability of bond insurance fund and escrow account ,except as provided in paragraph 7#b7-- 7,a7 the bond insurance fund established under subsection 7b77#h7 on the date of enactment of the ,,prosper ,act shall be made available with respect to loans made under this part on or after such date2 and 7,b7 the escrow account established under subsection 7b77#h7 before the date of enactment of the ,,prosper ,act and as in effect on the day before such date of enactment shall be made available with respect to loans made under this part before the date of enactment of the ,,prosper ,act4 7#b7 ,special rules ,notwithstanding paragraph 7#a7-- 7,a7 in a case in which the amount in the bond insurance fund described in paragraph 7#a77;,a7 is insufficient to make payments of principal and interest on bonds under subsection 7b77#h77;,b77i7 in the event of delinquency in loan repayment on loans made under this part on or after the date of enactment of the ,,prosper ,act1 amounts in the escrow fund described in paragraph 7#a77;,b7 shall be made available to the ,secretary to make such payments2 7,b7 in a case in which the amount in the escrow account described in paragraph 7#a77;,b7 is insufficient to make payments of principal and interest on bonds under subsection 7b77#h77;,b77i7 in the event of delinquency in loan repayment on loans made under this part before the date of enactment of the ,,prosper ,act1 amounts in the bond insurance fund described in paragraph 7#a77;,a7 shall be made available to the ,secretary to make such payments2 and 7,c7 in a case in which an institution is required to return an amount equal to any remaining portion of such institution's #e percent deposit of loan proceeds under subsection 7b77#h77;,b77ii71 the institution shall return to the escrow account and the bond insurance fund an amount that is proportionate to the amount that was withdrawn from the escrow account and the bond insurance fund1 respectively1 by such institution4 2 7#b7 in section #cde1 by striking paragraph 7#i7 and inserting the following3 7#i7 may1 directly or by grant or contract1 provide financial counseling and technical assistance to eligible institutions to prepare the institutions to qualify1 apply for1 and maintain a capital improvement loan1 including a loan under this part2 and 2 and 7#c7 in section #cdg7;c71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,report ,on an annual basis1 the ,advisory ,board shall prepare and submit to the authorizing committees a report on the status of the historically ,black colleges and universities described in paragraph 7#a77;,a7 and an overview of all loans in the capital financing program1 including the most recent loans awarded in the fiscal year in which the report is submitted4 ,the report shall include administrative and legislative recommendations1 as needed1 for addressing the issues related to construction financing facing historically ,black colleges and universities4 4 #cjd4 ,minority ,science and ,engineering ,improvement ,program ,part ,e of title ,,iii 7#bj ,u4,s4,c4 #ajfg et seq47 is amended-- 7#a7 in section #cec7;a7-- 7,a7 in paragraph 7#a71 by striking #cfe7f7 and inserting #cei7f72 7,b7 in paragraph 7#b71 by striking #cfe7g7 and inserting #cei7g72 7,c7 in paragraph 7#c71 by striking #cfe7h7 and inserting #cei7h72 and 7,d7 in paragraph 7#d71 by striking #cfe7i7 and inserting #cei7i72 7#b7 by striking subpart #b2 7#c7 by redesignating subpart #c as subpart #b and redesignating sections #cfa through #cfe as sections #cee through #cei1 respectively2 7#d7 in section #cee 7as so redesignated71 by striking paragraph 7#e72 7#e7 in section #cef7;a7 7as so redesignated71 by striking determined under section #cfa7 and inserting determined under section #cee72 and 7#f7 in section #cei7b7 7as so redesignated7-- 7,a7 by inserting ,american after ,black2 and 7,b7 by striking ,hispanic 7including and inserting ,hispanic ,american 7including4 #cje4 ,strengthening historically ,black colleges and universities and other minority-serving institutions ,section #cga 7#bj ,u4,s4,c4 #ajfgq7 is amended-- 7#a7 in subsection 7b77#b77;,d77iii71 by striking section #caa7;c7 and inserting section #caa7;b72 and 7#b7 in subsection 7c77#i77;,f77ii71 by striking part ,a of4 #cjf4 ,general provisions ,part ,g of title ,,iii 7#bj ,u4,s4,c4 #ajfh et seq47 is amended-- 7#a7 in section #cia7;b7-- 7,a7 in paragraph 7#a71 by striking institutional management and all that follows through the semicolon at the end and inserting institutional management1 and use the grant to provide for1 and lead to1 institutional self-sustainability and growth 7including measurable objectives for the institution and the ,secretary to use in monitoring the effectiveness of activities under this title722 7,b7 in paragraph 7#g7-- 7i7 by striking subparagraph 7,c7 and redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,c7 and 7,d71 respectively2 and 7ii7 in subparagraph 7,d7 7as so redesignated71 strike and at the end2 7,c7 by striking paragraph 7#h7 and inserting the following3 7#h7 set forth a #e-year plan for improving the assistance provided by the institution2 and 2 and 7,d7 by adding at the end the following3 7#i7 submit such enrollment data as may be necessary to demonstrate that the institution is a minority-serving institution4 2 7#b7 in section #cib-- 7,a7 in subsection 7b7-- 7i7 in the subsection heading1 after expenditures insert 2 completion rates2 7ii7 in paragraph 7#a71 insert or #cab7;b77#c7 after #cab7;b77#a77;,b72 and 7iii7 in paragraph 7#b7-- 7,i7 in the matter preceding subparagraph 7,a7-- 7aa7 by inserting or #cab7;b77#c7 after #cab7;b77#a77;,b72 and 7bb7 by inserting ,american after ,hispanic2 and 7,,ii7 in subparagraph 7,a71 by inserting or section #cab7;b77#c7 after #cab7;b77#a72 and 7,b7 by striking subsection 7c7 and inserting the following3 7c7 ,waiver authority with respect to institutions located in an area affected by a major disaster 7#a7 ,waiver authority ,notwithstanding any other provision of law1 unless enacted with specific reference to this section1 in the case of a major disaster1 the ,secretary may waive for affected institutions-- 7,a7 the eligibility data requirements set forth in section #cia7;d7 and section #eba7;e72 7,b7 the allotment requirements under section #cbd2 and 7,c7 the use of the funding formula developed pursuant to section #cbf7;f77#c72 7#b7 ,definitions ,in this subsection3 7,a7 ,affected institution ,the term affected institution means an institution of higher education that-- 7i7 is-- 7,i7 a part ,a institution 7which term shall have the meaning given the term eligible institution under section #cab7;b7 or section #ejb7;a77#f772 or 7,,ii7 a part ,b institution1 as such term is defined in section #cbb7b71 or as identified in section #cbf7;e72 7ii7 is located in an area affected by a major disaster2 and 7iii7 is able to demonstrate that1 as a result of the impact of a major disaster1 the institution-- 7,i7 incurred physical damage2 7,,ii7 has pursued collateral source compensation from insurance1 the ,federal ,emergency ,management ,agency1 and the ,small ,business ,administration1 as appropriate2 and 7,,iii7 was not able to fully reopen in existing facilities or to fully reopen to the pre-disaster enrollment levels4 7,b7 ,major disaster ,the term major disaster has the meaning given such term in section #ajb7b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb7b774 2 and 7#c7 in section #cii1 by striking subsection 7a7 and inserting the following3 7a7 ,authorizations 7#a7 ,part ,a 7,a7 ,there are authorized to be appropriated to carry out section #caf1 #bg1eii1jjj for each of fiscal years #bjai through #bjbd4 7,b7 ,there are authorized to be appropriated to carry out section #cag1 #ac1hjb1jjj for each of fiscal years #bjai through #bjbd4 7,c7 ,there are authorized to be appropriated to carry out section #cah1 #i1idb1jjj for each of fiscal years #bjai through #bjbd4 7,d7 ,there are authorized to be appropriated to carry out section #cai1 #c1cdh1jjj for each of fiscal years #bjai through #bjbd4 7,e7 ,there are authorized to be appropriated to carry out section #cbj1 #c1cdh1jjj for each of fiscal years #bjai through #bjbd4 7#b7 ,part ,b 7,a7 ,there are authorized to be appropriated to carry out part ,b 7other than section #cbf71 #bdd1fid1jjj for each of fiscal years #bjai through #bjbd4 7,b7 ,there are authorized to be appropriated to carry out section #cbf1 #fc1bha1jjj for each of fiscal years #bjai through #bjbd4 7#c7 ,part ,d ,there are authorized to be appropriated to carry out part ,d1 #bj1dhd1jjj for each of fiscal years #bjai through #bjbd4 ,of the amount authorized1 #a4fc percent shall be reserved for administrative expenses4 7#d7 ,part ,e ,there are authorized to be appropriated to carry out subpart #a of part ,e1 #i1fdh1jjj for each of fiscal years #bjai through #bjbd4 4 ,,iv ,,student ,,assistance ,a ,grants to ,students in ,attendance at ,institutions of ,higher ,education #dja4 ,federal ,pell ,grants 7a7 ,reauthorization ,section #dja7;a77#a7 7#bj ,u4,s4,c4 #ajgj;a7a77#a77 is amended-- 7#a7 by striking fiscal year #bjag and inserting fiscal year #bjbd2 and 7#b7 by inserting an eligible program at after attendance at4 7b7 ,federal ,pell ,grant bonus 7#a7 ,amendments ,section #dja7;b7 7#bj ,u4,s4,c4 #ajgj;a7b77 is amended-- 7,a7 in paragraph 7#g77;,a77iii7-- 7i7 by inserting and paragraph 7#i7 after this paragraph2 and 7ii7 by inserting before the semicolon at the end the following3 and to provide the additional amount required by paragraph 7#i72 and 7,b7 by adding at the end the following3 7#i7 ,federal ,pell ,grant bonus 7,a7 ,in general ,notwithstanding any other provision of this subsection and from the amounts made available pursuant to paragraph 7#g77;,a77iii7 for the purposes of this paragraph1 an eligible student who is receiving a ,federal ,pell ,grant for an award year shall receive an amount in addition to such ,federal ,pell ,grant for each payment period of such award year for which the student-- 7i7 is receiving such ,federal ,pell ,grant as long as the amount of such ,federal ,pell ,grant does not exceed the maximum amount of a ,federal ,pell ,grant award determined under paragraph 7#b77;,a7 for such award year2 and 7ii7 is carrying a work load that-- 7,i7 is greater than the normal full-time work load for the course of study the student is pursuing1 as determined by the institution of higher education2 and 7,,ii7 will lead to the completion of not less than #cj credit hours 7or the equivalent coursework7 upon the completion of the final payment period for which the student is receiving the ,federal ,pell ,grant described in clause 7i74 7,b7 ,amount of bonus ,the amount provided to an eligible student under subparagraph 7,a7 for an award year may not exceed #cjj1 which shall be equally divided among each payment period of such award year described in clauses 7i7 and 7ii7 of subparagraph 7,a74 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect with respect to award year #bjah-bjai and each succeeding award year4 7c7 ,period of ,eligibility for ,grants ,section #dja7;c7 7#bj ,u4,s4,c4 #ajgj;a7c77 is amended by adding at the end the following3 7#f7 7,a7 ,the ,secretary shall issue to each student receiving a ,federal ,pell ,grant1 an annual status report which shall-- 7i7 inform the student of the remaining period during which the student may receive ,federal ,pell ,grants in accordance with paragraph 7#e71 and provide access to a calculator to assist the student in making such determination2 7ii7 include an estimate of the ,federal ,pell ,grant amounts which may be awarded for such remaining period based on the student's award amount determined under subsection 7b77#b77;,a7 for the most recent award year2 7iii7 explain how the estimate was calculated and any assumptions underlying the estimate2 7iv7 explain that the estimate may be affected if there is a change-- 7,i7 in the student's financial circumstances2 or 7,,ii7 the availability of ,federal funding2 and 7v7 describe how the remaining period during which the student may receive ,federal ,pell ,grants will be affected by whether the student is enrolled as a full-time student4 7,b7 ,nothing in this paragraph shall be construed to prohibit an institution from offering additional counseling to a student with respect to ,federal ,pell ,grants1 but such counseling shall not delay or impede disbursement of a ,federal ,pell ,grant award to the student4 4 7d7 ,distribution of grants to students ,section #dja7;e7 7#bj ,u4,s4,c4 #ajgj;a7e77 is amended by striking the first sentence and inserting ,payments under this section shall be made in the same manner as disbursements under section #dfe7;a744 7e7 ,institutional ineligibility based on default rates ,section #dja7;j7 of such ,act 7#bj ,u4,s4,c4 #ajgj;a7j77 is amended by adding at the end the following3 7#c7 ,sunset ,the provisions of this subsection shall not apply after the transition period described in section #dha;,b7e77#c74 4 7f7 ,prevention of fraud ,section #dja 7#bj ,u4,s4,c4 #ajgj;a7 is amended by adding at the end the following3 7k7 ,prevention of fraud 7#a7 ,prohibition of awards 7,a7 ,in general ,no ,federal ,pell ,grant shall be awarded under this subpart to any student who-- 7i7 received a ,federal ,pell ,grant for #c award years2 and 7ii7 for each such award year1 was enrolled in an institution of higher education and did not earn any academic credit for which the ,federal ,pell ,grant was provided4 7,b7 ,waiver ,the student financial aid administrator at an institution of higher education may waive the requirement of subparagraph 7,a7 for a student1 if the financial aid administrator-- 7i7 determines that the student was unable to earn any academic credit as described in subparagraph 7,a77ii7 due to circumstances beyond the student's control2 and 7ii7 makes and documents such a determination on an individual student basis4 7,c7 ,definition of circumstances beyond a student's control ,for purposes of this paragraph1 the term circumstances beyond the student's control1 when used with respect to an individual student-- 7i7 may include the student withdrawing from an institution of higher education due to illness2 and 7ii7 shall not include the student withdrawing from an institution of higher education to avoid a particular grade4 7#b7 ,secretarial discretion to stop awards ,with respect to a student who receives a disbursement of a ,federal ,pell ,grant for a payment period of an award year and whom the ,secretary determines has had an unusual enrollment history1 the ,secretary may prevent such student from receiving any additional disbursements of such ,federal ,pell ,grant for such award year until the student financial aid administrator at the student's institution of higher education determines that the student's enrollment history should not be considered an unusual enrollment history4 4 7g7 ,report on costs of ,federal ,pell ,grant program ,section #dja 7#bj ,u4,s4,c4 #ajgj;a71 as amended by subsections 7a7 through 7f71 is further amended by adding at the end the following3 7l7 ,report on costs of ,federal ,pell ,grant program ,not later than ,october #ca of each year1 the ,secretary shall prepare and submit a report to the authorizing committees that includes the following information with respect to spending for the ,federal ,pell ,grant program for the preceding fiscal year3 7#a7 ,the total obligations and expenditures for the program for such fiscal year4 7#b7 ,a comparison of the total obligations and expenditures for the program for such fiscal year-- 7,a7 to the most recently available ,congressional ,budget ,office baseline for the program2 and 7,b7 in the case in which such fiscal year is fiscal year #bjai1 #bjbj1 #bjba1 #bjbb1 #bjbc1 or #bjbd1 to the ,congressional ,budget ,office cost estimate for the program included in the report of the ,committee on ,education and the ,workforce of the ,house of ,representatives accompanying the ,,prosper ,act1 as approved by the ,committee4 7#c7 ,the total obligations and expenditures for the maximum ,federal ,pell ,grant for which a student is eligible1 as specified in the last enacted appropriation ,act applicable to such fiscal year4 7#d7 ,a comparison of the total obligations and expenditures for the maximum ,federal ,pell ,grant for which a student is eligible1 as specified in the last enacted appropriation ,act applicable to such fiscal year-- 7,a7 to the most recently available ,congressional ,budget ,office baseline for such maximum ,federal ,pell ,grant2 and 7,b7 in the case in which such fiscal year is fiscal year #bjai1 #bjbj1 #bjba1 #bjbb1 #bjbc1 or #bjbd1 to the ,congressional ,budget ,office cost estimate for such maximum ,federal ,pell ,grant included in the report of the ,committee on ,education and the ,workforce of the ,house of ,representatives accompanying the ,,prosper ,act1 as approved by the ,committee4 7#e7 ,the total mandatory obligations and expenditures for the amount of the increase in such maximum ,federal ,pell ,grant required by subsection 7b77#g77;,b7 for such fiscal year4 7#f7 ,a comparison of the total mandatory obligations and expenditures for the amount of the increase in such maximum ,federal ,pell ,grant required by subsection 7b77#g77;,b7-- 7,a7 to the most recently available ,congressional ,budget ,office baseline for the increase2 and 7,b7 in the case in which such fiscal year is fiscal year #bjai1 #bjbj1 #bjba1 #bjbb1 #bjbc1 or #bjbd1 to the ,congressional ,budget ,office cost estimate for the increase included in the report of the ,committee on ,education and the ,workforce of the ,house of ,representatives accompanying the ,,prosper ,act1 as approved by the ,committee4 7#g7 ,the total mandatory obligations and expenditures for the ,federal ,pell ,grant ,bonus required by subsection 7b77#i7 for such fiscal year4 7#h7 ,a comparison of the total mandatory obligations and expenditures for the ,federal ,pell ,grant ,bonus required by subsection 7b77#i7 for such fiscal year-- 7,a7 to the most recently available ,congressional ,budget ,office baseline for such bonus2 and 7,b7 in the case in which such fiscal year is fiscal year #bjai1 #bjbj1 #bjba1 #bjbb1 #bjbc1 or #bjbd1 to the ,congressional ,budget ,office cost estimate for such bonus included in the report of the ,committee on ,education and the ,workforce of the ,house of ,representatives accompanying the ,,prosper ,act1 as approved by the ,committee4 4 7h7 ,study on ,federal ,pell ,grant ,bonus ,section #dja 7#bj ,u4,s4,c4 #ajgj;a71 as amended by subsections 7a7 through 7g71 is further amended by adding at the end the following3 7m7 ,report and study on ,federal ,pell ,grant ,bonus 7#a7 ,report 7,a7 ,in general ,the ,secretary shall report annually1 in accordance with subparagraph 7,c71 on the ,federal ,pell ,grant ,bonus required by subsection 7b77#i74 7,b7 ,elements ,each report required under subparagraph 7,a7 shall include an assessment of the following3 7i7 ,the number of students who received the ,federal ,pell ,grant ,bonus under subsection 7b77#i74 7ii7 ,of the students counted under clause 7i7-- 7,i7 the number of such students who obtained a degree or certificate within the normal time to completion for the program for which the ,federal ,pell ,grant ,bonus was awarded2 and 7,,ii7 the number of such students who obtained a degree or certificate-- 7aa7 within #d years of beginning the program of study for which the ,federal ,pell ,grant ,bonus was awarded2 7bb7 within #e years of beginning such program of study2 and 7cc7 within #f years of beginning such program of study4 7,c7 ,submission of reports 7i7 ,initial report ,not later than one year after the first cohort of students described in subparagraph 7,b77i7 is expected to complete their program of study1 the ,secretary shall submit to the authorizing committees an initial report under subparagraph 7,a74 7ii7 ,annual updates ,on an annual basis1 the ,secretary shall update the report under subparagraph 7,a7 and submit the updated report to the authorizing committees4 7#b7 ,study ,not later than #ah months after the date of the submission of the initial report under paragraph 7#a77;,c77i71 the ,comptroller ,general of the ,united ,states shall complete a study on the impact of the ,federal ,pell ,grant ,bonus required under subsection 7b77#i74 ,the study shall include an assessment of the following3 7,a7 ,of the students who received the ,federal ,pell ,grant ,bonus1 the number of such students who had a lower volume of student loans upon completion of their program of study compared to students who received a ,federal ,pell ,grant but did not receive the ,federal ,pell ,grant ,bonus4 7,b7 ,whether students who received the ,federal ,pell ,grant ,bonus took an increased courseload as a result of the availability of the ,federal ,pell ,grant ,bonus4 7,c7 ,the completion rate of students who received the ,federal ,pell ,grant ,bonus compared to the completion rate of students who did not receive the bonus4 4 #djb4 ,federal ,,trio programs 7a7 ,program authority2 authorization of appropriations ,section #djb;,a 7#bj ,u4,s4,c4 #ajgj;a-#aa7 is amended-- 7#a7 in subsection 7c7-- 7,a7 by amending subparagraph 7,a7 of paragraph 7#b7 to read as follows3 7,a7 ,accountability for outcomes ,in making grants under this chapter1 the ,secretary shall comply with the following requirements3 7i7 ,the ,secretary shall consider each applicant's prior success in achieving high quality service delivery1 as determined under subsection 7f71 under the particular program for which funds are sought4 ,the level of consideration given the factor of prior success in achieving high quality service delivery shall not vary from the level of consideration given such factor during fiscal years #aiid through #aiig1 except that grants made under section #djb;,h shall not be given such consideration4 7ii7 ,the ,secretary shall not give points for prior success in achieving high quality service delivery to any current grantee that1 during the then most recent period for which funds were provided1 did not meet or exceed two or more objectives established in the eligible entity's application based on the performance measures described in subsection 7f74 7iii7 ,from the amounts awarded under subsection 7g7 for a program under this chapter 7other than a program under sections #djb;,g and #djb;,h7 for any fiscal year in which the ,secretary conducts a competition for the award of grants or contracts under such programs1 the ,secretary shall reserve not less than #aj percent of such available amount to award grants or contracts to applicants who have not previously received a grant or contract under this chapter4 ,if the ,secretary determines that there are an insufficient number of qualified applicants to use the full amount reserved under the preceding sentence1 the ,secretary shall use the remainder of such amount to award grants or contracts to applicants who have previously received a grant or contract under this chapter4 2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking as provided in subparagraph 7,b7 and inserting as provided in subparagraph 7,c72 7,,ii7 by striking experience and inserting success in achieving high quality service delivery2 7ii7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7iii7 by inserting after subparagraph 7,a7 the following new subparagraph3 7,b7 ,to ensure that congressional priorities in conducting competitions for grants and contracts under this chapter are implemented1 the ,secretary shall not impose additional criteria for the prioritization of applications for such grants or contracts 7including additional competitive1 absolute1 or other criteria7 beyond the criteria described in this chapter4 2 7,c7 in paragraph 7#f7-- 7i7 by striking the period at the end of the second sentence and inserting 1 as long as the program is serving a different population or a different campus42 7ii7 by striking the programs authorized by and inserting sections #djb;,b1 #djb;,c1 #djb;,d1 and #djb;,f of2 7iii7 by striking ,the ,secretary shall encourage and inserting the following3 7,a7 ,the ,secretary shall encourage 2 7iv7 by striking ,the ,secretary shall permit and inserting the following3 7,b7 ,the ,secretary shall permit 2 7,d7 in paragraph 7#g71 by striking #h months each place it appears and inserting #ij days2 7,e7 in paragraph 7#h7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking ,not later than #ahj days after the date of enactment of the ,higher ,education ,opportunity ,act1 and inserting ,not later than #ij days before the commencement of each competition for a grant under this chapter12 7,,ii7 in clause 7iii71 by striking prior experience points for high quality service delivery are awarded and inserting application scores are adjusted for prior success in achieving high quality service delivery2 and 7,,iii7 in clause 7v71 by striking prior experience points for and inserting the adjustment in scores for prior success in achieving2 7ii7 by striking subparagraph 7,b7 and redesignating subparagraph 7,c7 as subparagraph 7,b72 and 7iii7 in subparagraph 7,b71 as so redesignated-- 7,i7 in clause 7iii7-- 7aa7 in the matter preceding subclause 7,i71 by striking prior experience points for and inserting points for prior success in achieving2 and 7bb7 in subclause 7,,ii71 by striking prior experience points and inserting points for prior success in achieving high quality service delivery2 and 7,,ii7 in clause 7vi71 by inserting before the period at the end the following3 from funds reserved under subsection 7g72 and 7,f7 by adding at the end the following3 7#i7 ,matching requirement 7,a7 ,in general ,the ,secretary shall not approve an application submitted under section #djb;,b1 #djb;,c1 #djb;,d1 #djb;,e1 or #djb;,f unless such application-- 7i7 provides that the eligible entity will provide1 from ,state1 local1 institutional1 or private funds1 not less than #bj percent of the cost of the program1 which matching funds may be provided in cash or in kind and may be accrued over the full duration of the grant award period1 except that the eligible entity shall make substantial progress towards meeting the matching requirement in each year of the grant award period2 7ii7 specifies the methods by which matching funds will be paid2 and 7iii7 includes provisions designed to ensure that funds provided under this chapter shall supplement and not supplant funds expended for existing programs4 7,b7 ,special rule ,notwithstanding the matching requirement described in subparagraph 7,a71 the ,secretary may by regulation modify the percentage requirement described in subparagraph 7,a74 ,the ,secretary may approve an eligible entity's request for a reduced match percentage-- 7i7 at the time of application if the eligible entity demonstrates significant economic hardship that precludes the eligible entity from meeting the matching requirement2 or 7ii7 in response to a petition by an eligible entity subsequent to a grant award under section #djb;,b1 #djb;,c1 #djb;,d1 #djb;,e1 or #djb;,f if the eligible entity demonstrates that the matching funds described in its application are no longer available and the eligible entity has exhausted all revenues for replacing such matching funds4 4 7#b7 in subsection 7d77#c71 by adding at the end the following new sentence3 ,in addition1 the ,secretary shall host at least one virtual1 interactive education session using telecommunications technology to ensure that any interested applicants have access to technical assistance42 7#c7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,c71 by striking or at the end2 7ii7 in subparagraph 7,d71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following new subparagraph3 7,e7 documentation that the student has been determined to be eligible for a ,federal ,pell ,grant under section #dja4 2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,c71 by striking or at the end2 7ii7 in subparagraph 7,d71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following new subparagraph3 7,e7 documentation that the student has been determined to be eligible for a ,federal ,pell ,grant under section #dja4 2 7#d7 in subsection 7f7-- 7,a7 in the heading of paragraph 7#a71 by striking prior experience and inserting accountability for outcomes2 7,b7 in paragraph 7#a7 by striking experience of and inserting success in achieving2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7iv7 by striking rigorous secondary school program of study that will make such students eligible for programs such as the ,academic ,competitiveness ,grants ,program and inserting secondary school program of study that will prepare such students to enter postsecondary education without the need for remedial education2 7,,ii7 by redesignating clauses 7v7 and 7vi7 as clauses 7vi7 and 7vii71 respectively2 and 7,,iii7 by inserting after clause 7iv7 the following new clause3 7v7 the completion of financial aid applications1 including the ,free ,application for ,federal ,student ,aid described in section #dhc7;a7 and college admission applications2 2 7ii7 in subparagraph 7,b7-- 7,i7 by redesignating clauses 7i71 7ii71 7iii71 7iv71 7v71 7vi71 and 7vii7 as subclauses 7,i71 7,,ii71 7,,iii71 7,,iv71 7,,vi71 7,,viii71 and 7,,ix71 respectively2 7,,ii7 by inserting after subclause 7,,iv71 as so redesignated1 the following3 7,v7 the enrollment of such students into a general educational development 7commonly known as a ,,ged7 program2 4 7,,iii7 in subclause 7,,vi71 as so redesignated1 by striking rigorous secondary school program of study that will make such students eligible for programs such as the ,academic ,competitiveness ,grants ,program and inserting secondary school program of study that will prepare such students to enter postsecondary education without the need for remedial education2 7,,iv7 by inserting after subclause 7,,vi71 as so redesignated1 the following new subclause3 7,,vii7 the completion of financial aid applications1 including the ,free ,application for ,federal ,student ,aid described in section #dhc7;a7 and college admission applications2 2 7,v7 by striking 7,b7 ,for programs authorized under section #djb;,c1 and inserting 7,b77i7 ,for programs authorized under section #djb;,c1 except in the case of projects that specifically target veterans12 and 7,,vi7 by adding at the end the following new clause3 7ii7 ,for programs authorized under section #djb;,c that specifically target veterans1 the extent to which the eligible entity met or exceeded the entity's objectives for such program with respect to-- 7,i7 the delivery of service to a total number of students served by the program1 as agreed upon by the entity and the ,secretary for the period2 7,,ii7 such students' academic performance1 as measured by standardized tests2 7,,iii7 the retention and completion of participants in the project2 7,,iv7 the provision of assistance to students served by the program in completing financial aid applications1 including the ,free ,application for ,federal ,student ,aid described in section #dhc7;a7 and college admission applications2 7,v7 the enrollment of such students in an institution of higher education2 and 7,,vi7 to the extent practicable1 the postsecondary education completion rate of such students4 2 7iii7 in subparagraph 7,c77ii7-- 7,i7 in subclause 7,i71 by striking in which such students were enrolled and inserting within six years of the initial enrollment of such students in the program2 7,,ii7 in subclause 7,,ii72 7aa7 in the matter preceding item 7aa71 by striking offer a baccalaureate degree and inserting primarily offer baccalaureate degrees2 and 7bb7 in item 7aa71 by striking students2 and and inserting students within #d years of the initial enrollment of such students in the program2 or2 7iv7 in subparagraph 7,d7-- 7,i7 in clause 7iii71 by striking 2 and and inserting within two years of receiving a baccalaureate degree22 7,,ii7 in clause 7iv71 by striking study and and all that follows through the period and inserting study2 and2 and 7,,iii7 by adding at the end the following new clause3 7v7 the attainment of doctoral degrees by former program participants within #aj years of receiving a baccalaureate degree4 2 and 7v7 in subparagraph 7,e77ii71 by inserting 1 or re-enrollment1 after enrollment2 7#e7 in subsection 7g7-- 7,a7 in the first sentence1 by striking #ijj1jjj1jjj for fiscal year #bjji and such sums as may be necessary for and inserting #ijj1jjj1jjj for fiscal year #bjai and2 7,b7 in the second sentence-- 7i7 by striking no more than of #a and inserting not more than #a2 7ii7 by striking and to provide technical and inserting to provide technical2 and 7iii7 by inserting before the period at the end the following3 1 and to support applications funded under the process outlined in subsection 7c77#h77;,b72 and 7,c7 by striking the last sentence2 and 7#f7 in subsection 7h7-- 7,a7 by striking 7#e7 ,veteran eligibility4--,no veteran and inserting the following3 7i7 ,veteran eligibility 7#a7 ,no ,veteran 2 7,b7 in paragraph 7#f71 by striking of paragraph 7#e7 and inserting of paragraph 7#a72 7,c7 by striking 7#f7 ,waiver4--,the ,secretary and inserting the following3 7#b7 ,the ,secretary 4 7b7 ,talent search ,section #djb;,b 7#bj ,u4,s4,c4 #ajgj;a-#ab7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,c7 by inserting after paragraph 7#b7 the following new paragraph3 7#c7 to advise such youths on the postsecondary institution selection process1 including consideration of the financial aid awards offered and the potential loan burden required2 and 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by inserting and1 where necessary1 remedial education services after academic tutoring services2 and 7,b7 by striking paragraph 7#f7 and inserting the following3 7#f7 connections to education or counseling services designed to-- 7,a7 improve the financial literacy and economic literacy of students or the students' parents in order to aid them in making informed decisions about how to best finance their postsecondary education2 and 7,b7 assist students and families regarding career choice4 2 7#c7 in subsection 7c77#b71 by striking career and inserting academic2 and 7#d7 in subsection 7d7-- 7,a7 by redesignating paragraphs 7#b71 7#c71 and 7#d7 as paragraphs 7#c71 7#d71 and 7#e71 respectively2 7,b7 by inserting after paragraph 7#a7 the following new paragraph3 7#b7 require an assurance that the remaining youths participating in the project proposed to be carried out in any application be low-income individuals1 first generation college students1 or students who have a high risk for academic failure2 2 7,c7 in paragraph 7#d71 as so redesignated-- 7i7 by inserting 1 section #djb;,c1 after under this section2 and 7ii7 by striking and at the end2 7,d7 in paragraph 7#e71 as so redesignated1 by striking the period at the end and inserting 2 and2 and 7,e7 by adding at the end the following3 7#f7 require the grantee to maintain1 to the extent practicable1 a record of any services participants receive during the project year from another program under this chapter or other federally funded programs serving similar populations to minimize the duplication of services4 4 7c7 ,upward bound ,section #djb;,c 7#bj ,u4,s4,c4 #ajgj;a-#ac7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking paragraph 7#a7 and inserting3 7#a7 academic tutoring1 which may include instruction in reading1 writing1 study skills1 mathematics1 science1 and other subjects and1 where necessary1 remedial education services1 to enable students to complete secondary or postsecondary courses2 4 7,b7 in paragraph 7#d71 by adding and at the end2 and 7,c7 by striking paragraphs 7#e7 and 7#f7 and inserting the following3 7#e7 education or counseling services designed to-- 7,a7 improve the financial literacy and economic literacy of students or the students' parents in order to aid them in making informed decisions about how to best finance their postsecondary education2 and 7,b7 assist students and their families regarding career choice4 2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by striking youth and inserting participants2 7,b7 in paragraph 7#b71 by striking youth participating in the project and inserting project participants2 and 7,c7 in paragraph 7#e71 by striking youth participating in the project and inserting project participants2 7#c7 in subsection 7e7-- 7,a7 in paragraph 7#d71 by striking and at the end2 7,b7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7,c7 by inserting after paragraph 7#d7 the following3 7#e7 require an assurance that individuals participating in the project proposed in any application do not have access to services from another project funded under this section1 section #djb;,b1 or section #djb;,f2 2 7,d7 in paragraph 7#f71 as so redesignated1 by striking the period at the end and inserting 2 and2 and 7,e7 by adding at the end the following3 7#g7 for purposes of minimizing the duplication of services1 require that the grantee maintain1 to the extent practicable1 a record of any services received by participants during the program year from another program funded under this chapter1 or any other ,federally funded program that serves populations similar to the populations served by programs under this chapter4 4 7#d7 by striking subsection 7g7 and redesignating subsection 7h7 as subsection 7g74 7d7 ,student support services ,section #djb;,d 7#bj ,u4,s4,c4 #ajgj;a-#ad7 is amended-- 7#a7 in subsection 7a77#c71 by inserting low-income and first generation college students1 including after success of2 7#b7 in subsection 7b77#d7-- 7,a7 by striking 1 including financial and inserting 1 including-- 7,a7 financial 2 and 7,b7 by adding at the end the following3 7,b7 basic personal income1 household money management1 and financial planning skills2 and 7,c7 basic economic decisionmaking skills2 2 and 7#c7 in subsection 7e7-- 7,a7 in paragraph 7#e71 by striking and at the end2 7,b7 by redesignating paragraph 7#f7 as paragraph 7#g72 7,c7 by inserting after paragraph 7#e7 the following3 7#f7 require the grantee to maintain1 to the extent practicable1 a record of any services participants receive during the project year from another program under this chapter or other federally funded programs serving similar populations to minimize the duplication of services2 and 4 7e7 ,postbaccalaureate ,achievement ,program ,authority ,section #djb;,e 7#bj ,u4,s4,c4 #ajgj;a-#ae7 is amended-- 7#a7 in subsection 7b77#b71 by striking summer internships and inserting internships and faculty-led research experiences2 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#c71 by striking and at the end2 7,b7 in paragraph 7#d7-- 7i7 by striking summer2 7ii7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#e7 the grantee to maintain1 to the extent practicable1 a record of any services participants receive during the project year from another program under this chapter or other federally funded program serving similar populations to minimize the duplication of services4 2 and 7#c7 in subsection 7g71 by striking #bjji through #bjad and inserting #bjai through #bjbd4 7f7 ,educational opportunity centers ,section #djb;,f 7#bj ,u4,s4,c4 #ajgj;a-#af7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting or re-enter after pursue2 and 7,b7 in paragraph 7#c71 by striking of students and inserting of such persons2 7#b7 in subsection 7b77#e71 by striking students2 and inserting the following3 students1 including-- 7,a7 financial planning for postsecondary education2 7,b7 basic personal income1 household money management1 and financial planning skills2 and 7,c7 basic economic decisionmaking skills2 2 and 7#c7 in subsection 7c7-- 7,a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 and 7,b7 by inserting after paragraph 7#a7 the following new paragraph3 7#b7 require an assurance that the remaining persons participating in the project proposed to be carried out under any application be low-income individuals or first generation college students2 2 7,c7 in paragraph 7#c71 as so redesignated1 by striking and at the end2 7,d7 in paragraph 7#d71 as so redesignated1 by striking the period at the end and inserting 2 and2 and 7,e7 by adding at the end the following3 7#e7 require the grantee to maintain1 to the extent practicable1 a record of any services participants receive during the project year from another program under this chapter or other federally funded program serving similar populations to minimize the duplication of services4 4 7g7 ,staff development activities ,section #djb;,g7b7 7#bj ,u4,s4,c4 #ajgj;a-#ag7;b77 is amended-- 7#a7 in the matter preceding paragraph 7#a7-- 7,a7 by inserting webinars and online classes1 after seminars1 workshops12 and 7,b7 by striking directors and inserting staff2 and 7#b7 in paragraph 7#c71 by inserting and innovative after model4 7h7 ,reports1 evaluations1 and grants for project improvement and dissemination ,subsection 7b7 of section #djb;,h 7#bj ,u4,s4,c4 #ajgj;a-#ah7 is amended to read as follows3 7b7 ,evaluations 7#a7 ,in general ,for the purpose of improving the effectiveness of the programs assisted under this chapter1 the ,secretary shall make grants to or enter into contracts with one or more organizations to-- 7,a7 evaluate the effectiveness of the programs assisted under this chapter2 and 7,b7 disseminate information on the impact of the programs in increasing the education level of participants1 as well as other appropriate measures4 7#b7 ,issues to be evaluated ,the evaluations described in paragraph 7#a7 shall measure the effectiveness of programs funded under this chapter in-- 7,a7 meeting or exceeding the stated objectives regarding the outcome criteria under subsection 7f7 of section #djb;,a2 7,b7 enhancing the access of low-income individuals and first-generation college students to postsecondary education2 7,c7 preparing individuals for postsecondary education2 7,d7 comparing the level of education completed by students who participate in the programs funded under this chapter with the level of education completed by students of similar backgrounds who do not participate in such programs2 7,e7 comparing the retention rates1 dropout rates1 graduation rates1 and college admission and completion rates of students who participate in the programs funded under this chapter with the rates of students of similar backgrounds who do not participate in such programs2 and 7,f7 such other issues as the ,secretary considers appropriate for inclusion in the evaluation4 7#c7 ,program methods ,such evaluations shall also investigate the effectiveness of alternative and innovative methods within programs funded under this chapter of increasing access to1 and retention of1 students in postsecondary education4 7#d7 ,results ,the ,secretary shall submit to the authorizing committees-- 7,a7 an interim report on the progress and preliminary results of the evaluation of each program funded under this chapter not later than #b years following the date of enactment of the ,,prosper ,act2 and 7,b7 a final report not later than #c years following the date of enactment of such ,act4 7#e7 ,public ,availability ,all reports and underlying data gathered pursuant to this subsection shall be made available to the public upon request1 in a timely manner following submission of the applicable reports under this subsection1 except that any personally identifiable information with respect to a student participating in a program or project assisted under this chapter shall not be disclosed or made available to the public4 4 7i7 ,,impact grants ,part ,a of title ,,iv 7#bj ,u4,s4,c4 #ajgj et seq47 is amended by inserting after section #djb;,h 7#bj ,u4,s4,c4 #ajgj;a-#bh7 the following3 #djb;,i4 ,,impact grants 7a7 ,in general ,from funds reserved under subsection 7e71 the ,secretary shall make grants to improve postsecondary access and completion rates for qualified individuals from disadvantaged backgrounds4 ,these grants shall be known as innovative measures promoting postsecondary access and completion grants or ,,impact ,grants and allow eligible entities to-- 7#a7 create1 develop1 implement1 replicate1 or take to scale evidence-based1 field-initiated innovations1 including through pay-for-success initiatives1 to serve qualified individuals from disadvantaged backgrounds and improve student outcomes2 and 7#b7 rigorously evaluate such innovations1 in accordance with subsection 7d74 7b7 ,description of grants ,the grants described in subsection 7a7 shall include-- 7#a7 early-phase grants to fund the development1 implementation1 and feasibility testing of a program1 which prior research suggests has a promise1 for the purpose of determining whether the program can successfully improve postsecondary access and completion rates2 7#b7 mid-phase grants to fund implementation and a rigorous evaluation of a program that has been successfully implemented under an early-phase grant described in paragraph 7#a72 and 7#c7 expansion grants to fund implementation and a rigorous replication evaluation of a program that has been found to produce sizable1 important impacts under a mid-phase grant described in paragraph 7#b7 for the purposes of-- 7,a7 determining whether such outcomes can be successfully reproduced and sustained over time2 and 7,b7 identifying the conditions in which the project is most effective4 7c7 ,requirements for ,approval of ,applications ,to receive a grant under this section1 an eligible entity shall submit an application to the ,secretary at such time1 and in such manner as the ,secretary may require1 which shall include-- 7#a7 an assurance that not less than two-thirds of the individuals who will participate in the program proposed to be carried out with the grant will be-- 7,a7 low-income individuals who are first generation college students2 or 7,b7 individuals with disabilities2 7#b7 an assurance that any other individuals 7not described in paragraph 7#a77 who will participate in such proposed program will be-- 7,a7 low-income individuals2 7,b7 first generation college students2 or 7,c7 individuals with disabilities2 7#c7 a detailed description of the proposed program1 including how such program will directly benefit students2 7#d7 the number of projected students to be served by the program2 7#e7 how the program will be evaluated2 and 7#f7 an assurance that the individuals participating in the project proposed are individuals who do not have access to services from another programs funded under this section4 7d7 ,evaluation ,each eligible entity receiving a grant under this section shall conduct an independent evaluation of the effectiveness of the program carried out with such grant and shall submit to the ,secretary1 on an annual basis1 a report that includes-- 7#a7 a description of how funds received under this section were used2 7#b7 the number of students served by the project carried out under this section2 and 7#c7 a quantitative analysis of the effectiveness of the project4 7e7 ,funding ,from amounts appropriated under section #djb;,a7g71 the ,secretary shall reserve not less than #aj percent of such funds to carry out this section4 4 #djc4 ,gaining early awareness and readiness for undergraduate programs 7a7 ,early intervention and college awareness program ,section #djd;,a 7#bj ,u4,s4,c4 #ajgj;a-#ba7 is amended-- 7#a7 in subsection 7a77#a71 by striking academic support and inserting academic support for college readiness2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by inserting new before awards2 and 7,b7 in paragraph 7#c7-- 7i7 by amending subparagraph 7,a7 to read as follows3 7,a7 give priority to eligible entities that have a prior1 demonstrated commitment to early intervention leading to college access and readiness through collaboration and replication of successful strategies2 and 2 and 7ii7 in subparagraph 7,b71 by striking the ,higher ,education ,opportunity ,act and inserting the ,,prosper ,act2 and 7,c7 by adding at the end the following3 7#d7 ,multiple award prohibition ,eligible entities described in subsection 7c77#a7 that receive a grant under this chapter shall not be eligible to receive an additional grant under this chapter until after the date on which the initial grant period expires4 4 7#c7 in subsection 7c77#b77;,b71 by striking institutions or agencies sponsoring programs authorized under subpart #d14 7b7 ,applications ,section #djd;,c 7#bj ,u4,s4,c4 #ajgj;a-#bc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking 1 contain or be accompanied by such information or assurances12 and 7,,ii7 by striking 1 at a minimum2 7ii7 by amending subparagraph 7,b7 to read as follows3 7,b7 describe1 in the case of an eligible entity described in section #djd;,a7c77#b7 that chooses to provide scholarships1 or an eligible entity described in section #djd;,a7c77#a7-- 7i7 the eligible entity's plan to establish or maintain a financial assistance program in accordance with the requirements of section #djd;,e1 including any eligibility criteria other than the criteria described in section #djd;,e7g71 such as-- 7,i7 demonstrating financial need2 7,,ii7 meeting and maintaining satisfactory academic progress2 and 7,,iii7 other criteria aligned with ,state and local goals to increase postsecondary readiness1 access1 and completion2 and 7ii7 how the eligible entity will meet the other requirements of section #djd;,e2 2 7iii7 by striking subparagraph 7,h72 and 7iv7 by redesignating subparagraphs 7,i7 and 7,j7 as subparagraphs 7,h7 and 7,i71 respectively2 and 7#b7 in subsection 7b71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,special rule ,notwithstanding the matching requirement described in paragraph 7#a77;,a71 the ,secretary may-- 7,a7 at the time of application-- 7i7 approve a ,partnership applicant's request for a waiver of up to #ge percent of the matching requirement for up to two years if the applicant demonstrates in its application a significant economic hardship that stems from a specific1 exceptional1 or uncontrollable event1 such as a natural disaster1 that has a devastating effect on the members of the ,partnership and the community in which the project would operate2 7ii7 7,i7 approve a ,partnership applicant's request to waive up to #ej percent of the matching requirement for up to two years if the applicant demonstrates in its application a pre-existing and an on-going significant economic hardship that precludes the applicant from meeting its matching requirement2 and 7,,ii7 provide tentative approval of an applicant's request for a waiver under subclause 7,i7 for all remaining years of the project period2 7iii7 approve a ,partnership applicant's request in its application to match its contributions to its scholarship fund1 established under section #djd;,e1 on the basis of two non-,federal dollars for every one dollar of ,federal funds provided under this chapter2 or 7iv7 approve a request by a ,partnership applicant that has three or fewer institutions of higher education as members to waive up to #gj percent of the matching requirement if the ,partnership applicant includes-- 7,i7 a fiscal agent that is eligible to receive funds under title ,v1 or part ,b of title ,,iii1 or section #caf or #cag1 or a local educational agency2 7,,ii7 only participating schools with a #gth grade cohort in which at least #ge percent of the students are eligible for free or reduced-price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act2 and 7,,iii7 only local educational agencies in which at least #ej percent of the students enrolled are eligible for free or reduced-price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act2 and 7,b7 after a grant is awarded1 approve a ,partnership grantee's written request for a waiver of up to-- 7i7 #ej percent of the matching requirement for up to two years if the grantee demonstrates that-- 7,i7 the matching contributions described for those two years in the grantee's approved application are no longer available2 and 7,,ii7 the grantee has exhausted all funds and sources of potential contributions for replacing the matching funds2 or 7ii7 #ge percent of the matching requirement for up to two years if the grantee demonstrates that matching contributions from the original application are no longer available due to an uncontrollable event1 such as a natural disaster1 that has a devastating economic effect on members of the ,partnership and the community in which the project would operate4 7#c7 ,additional terms 7,a7 ,on-going economic hardship ,in determining whether a ,partnership applicant is experiencing an on-going economic hardship that is significant enough to justify a waiver under subparagraphs 7,a77i7 and 7,a77ii77,i7 of paragraph 7#b71 the ,secretary may consider documentation of the following3 7i7 ,severe distress in the local economy of the community to be served by the grant 7e4g41 there are few employers in the local area1 large employers have left the local area1 or significant reductions in employment in the local area74 7ii7 ,local unemployment rates that are higher than the national average4 7iii7 ,low or decreasing revenues for ,state and ,county governments in the area to be served by the grant4 7iv7 ,significant reductions in the budgets of institutions of higher education that are participating in the grant4 7v7 ,other data that reflect a significant economic hardship for the geographical area served by the applicant4 7,b7 ,exhaustion of funds ,in determining whether a ,partnership grantee has exhausted all funds and sources of potential contributions for replacing matching funds under paragraph 7#b77;,b71 the secretary may consider the grantee's documentation of key factors that have had a direct impact on the grantee such as the following3 7i7 ,a reduction of revenues from ,state government1 ,county government1 or the local educational agency4 7ii7 ,an increase in local unemployment rates4 7iii7 ,significant reductions in the operating budgets of institutions of higher education that are participating in the grant4 7iv7 ,a reduction of business activity in the local area 7e4g41 large employers have left the local area74 7v7 ,other data that reflect a significant decrease in resources available to the grantee in the local geographical area served by the grantee4 7,c7 ,renewal of waiver ,a ,partnership applicant that receives a tentative approval of a waiver under subparagraph 7,a77ii77,,ii7 of paragraph 7#b7 for more than two years under this paragraph must submit to the ,secretary every two years by such time as the ,secretary may direct documentation that demonstrates that-- 7i7 the significant economic hardship upon which the waiver was granted still exists2 and 7ii7 the grantee tried diligently1 but unsuccessfully1 to obtain contributions needed to meet the matching requirement4 7,d7 ,multiple waivers ,if a grantee has received one or more waivers under paragraph 7#b71 the grantee may request an additional waiver of the matching requirement under this subsection not earlier than #fj days before the expiration of the grantee's existing waiver4 4 7c7 ,activities ,section #djd;,d 7#bj ,u4,s4,c4 #ajgj;a-#bd7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking financial aid for and inserting financial aid1 including loans1 grants1 scholarships1 and institutional aid for2 7,b7 in paragraph 7#b7 by striking rigorous and challenging curricula and coursework1 in order to and inserting curricula and coursework designed to2 7,c7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#e7 and 7#f71 respectively2 7,d7 by inserting after paragraph 7#b7 the following3 7#c7 ,providing information to students and families about the advantages of obtaining a postsecondary education4 7#d7 ,providing tutors and mentors1 who may include adults or former participants of a program under this chapter1 for use by eligible students in need4 2 7,e7 in paragraph 7#e71 as so redesignated1 by striking ,improving and inserting ,providing supportive services to improve2 and 7#b7 in subsection 7b7-- 7,a7 by striking paragraph 7#a72 and 7,b7 by redesignating paragraphs 7#b7 through 7#ae7 as paragraphs 7#a7 through 7#ad71 respectively2 7,c7 in paragraph 7#c71 as so redesignated1 by striking rigorous each place it appears2 7,d7 in paragraph 7#i71 as so redesignated-- 7i7 by redesignating subparagraphs 7,e7 through 7,k7 as subparagraphs 7,f7 through 7,l71 respectively2 7ii7 by inserting after subparagraph 7,d7 the following3 7,e7 providing counseling or referral services to address the behavioral1 social-emotional1 and mental health needs of at-risk students2 2 7iii7 in subparagraph 7,i71 as so redesignated1 by striking skills assessments and inserting skills1 cognitive1 non-cognitive1 and credit-by-examination assessments2 7iv7 in subparagraph 7,k71 as so redesignated1 by striking and at the end2 7v7 in subparagraph 7,l71 as so redesignated1 by striking the period at the end and inserting 2 and2 and 7vi7 by adding at the end the following3 7,m7 capacity building activities that create college-going cultures in participating schools and local education agencies4 2 and 7,e7 by adding at the end the following3 7#ae7 ,creating or expanding drop-out recovery programs that allow individuals who drop out of school to complete a regular secondary school diploma and begin college-level work4 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#c71 by inserting and technical assistance after administrative support2 and 7,b7 by striking paragraph 7#i72 and 7#d7 in subsection 7e71 by striking institutions and agencies sponsoring programs authorized under subpart #d14 7d7 ,scholarship requirements ,section #djd;,e 7#bj ,u4,s4,c4 #ajgj;a-#be7 is amended-- 7#a7 in subsection 7a77#a71 by inserting described in section #djd;,c7a77#b77;,b77i7 after financial assistance program2 and 7#b7 in subsection 7e77#a71 by striking an amount and all that follows through the period at the end and inserting the following3 an estimated amount that is based on the requirements of the financial assistance program of the eligible entity described in section #djd;,c7a77#b77;,b77i74 7e7 ,evaluation and report ,section #djd;,g7b7 7#bj ,u4,s4,c4 #ajgj;a-#bg7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking and at the end2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and 7#c7 by adding after paragraph 7#b7 the following3 7#c7 include the following metrics3 7,a7 the number of students completing the ,free ,application for ,federal ,student ,aid2 7,b7 the enrollment of participating students in curricula and coursework designed to reduce the need for remedial coursework at the postsecondary level2 7,c7 if applicable1 the number of students receiving a scholarship2 7,d7 the graduation rate of participating students from high school2 7,e7 the enrollment of participating students into postsecondary education2 and 7,f7 such other information as the ,secretary may require4 4 7f7 ,authorization of appropriations ,section #djd;,h 7#bj ,u4,s4,c4 #ajgj;a-#bh7 is amended by striking #djj1jjj1jjj for fiscal year #bjji and such sums as may be necessary for each of the five succeeding fiscal years and inserting #cci1ged1jjj for fiscal year #bjai and each of the five succeeding fiscal years4 #djd4 ,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 #dd1fbc1jjj for each of fiscal years #bjai through #bjbd44 #dje4 ,child care access means parents in school ,section #dai,n 7#bj ,u4,s4,c4 #ajgj;e7 is amended-- 7#a7 in the heading of paragraph 7#f7 of subsection 7b71 by striking ,construction and inserting ,rule of construction2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#d71 by striking assisted and inserting funded2 7,b7 in paragraph 7#e7-- 7i7 by striking resources1 including technical expertise and inserting resources1 including non-,federal resources1 technical expertise12 7ii7 by striking the use of the and inserting these2 and 7,c7 in paragraph 7#i7-- 7i7 by inserting provisional status1 after approval12 and 7ii7 by striking 2 and and inserting prior to serving children and families2 and2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 by striking local and inserting non-,federal1 local12 and 7ii7 by striking and at the end2 7,b7 in paragraph 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 coordinate with other community programs where appropriate to improve the quality and limit cost of the campus-based program4 2 7#d7 by amending subsection 7e7 to read as follows3 7e7 ,reporting requirements2 continuing eligibility 7#a7 ,reporting requirements 7,a7 ,reports ,each institution of higher education receiving a grant under this section shall report to the ,secretary annually4 ,the ,secretary shall annually publish such reports on a publicly accessible website of the ,department of ,education4 7,b7 ,contents ,each report shall include-- 7i7 data on the population served under this section1 including the total number of children and families served2 7ii7 information on sources of campus and community resources and the amount of non-,federal funding used to help low-income students access child care services on campus2 7iii7 documentation that the program meets applicable licensing1 certification1 approval1 or registration requirements2 and 7iv7 a description of how funding was used to pursue the goals of this section determined by the institution under subsection 7c74 7#b7 ,continuing eligibility ,the ,secretary shall make continuation awards under this section to an institution of higher education only if the ,secretary determines1 on the basis of the reports submitted under paragraph 7#a7 and the application from the institution1 that the institution is-- 7,a7 using funds only for authorized purposes2 7,b7 providing low-income students at the institution with priority access to affordable1 quality child care services as provided under this section2 and 7,c7 documenting a continued need for ,federal funding under this section1 while demonstrating how non-federal sources will be leveraged to support a continuation award4 2 and 7#e7 in subsection 7g71 by striking such sums as may be necessary for fiscal year #bjji and each of the five succeeding fiscal years and inserting #ae1acd1jjj for each of fiscal years #bjai through #bjbd4 #djf4 ,repeals 7a7 ,academic competitiveness grants ,section #dja;,a 7#bj ,u4,s4,c4 #ajgj;a-#a7 is repealed4 7b7 ,federal ,supplemental ,educational ,opportunity ,grants 7#a7 ,repeal ,subpart #c of part ,a of title ,,iv 7#bj ,u4,s4,c4 #ajgj;b et seq47 is repealed4 7#b7 ,effective date ,the repeal made by paragraph 7#a7 shall take effect on ,june #cj1 #bjah4 7#c7 ,appropriations ,notwithstanding paragraphs 7#a7 and 7#b71 sums appropriated under section #dac;,a for fiscal year #bjah shall be available for payments to institutions of higher education under such section 7as in effect on ,june #bi1 #bjah7 until the end of fiscal year #bjai4 7c7 ,leveraging ,educational ,assistance ,partnership ,program ,subpart #d of part ,a of title ,,iv 7#bj ,u4,s4,c4 #ajgj;c et seq47 is repealed4 7d7 ,robert ,c4 ,byrd ,honors ,scholarship ,program ,subpart #f of part ,a of title ,,iv 7#bj ,u4,s4,c4 #ajgj;d-#ca et seq47 is repealed4 #djg4 ,sunset of ,,teach grants ,subpart #i of part ,a of title ,,iv 7#bj ,u4,s4,c4 #ajgj;g7 is amended-- 7#a7 in section #dbj,l7#a7 7#bj ,u4,s4,c4 #ajgj;g7#a71 by striking section #ajb and inserting section #ajb 7as in effect on the day before the date of enactment of the ,,prosper ,act72 7#b7 in section #dbj,n 7#bj ,u4,s4,c4 #ajgj;g-#b7-- 7,a7 by amending subparagraph 7,b7 of subsection 7b77#a7 to read as follows3 7,b7 teach-- 7i7 in a public or other nonprofit private elementary school or secondary school1 which1 for the purpose of this paragraph and for that year-- 7,i7 has been determined by the ,secretary 7pursuant to regulations of the ,secretary and after consultation with the ,state educational agency of the ,state in which the school is located7 to be a school in which the number of children meeting a measure of poverty under section #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcac7;a77#e771 exceeds #cj percent of the total number of children enrolled in such school2 and 7,,ii7 is in the school district of a local educational agency which is eligible in such year for assistance pursuant to part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq472 or 7ii7 in one or more public1 or nonprofit private1 elementary schools or secondary schools or locations operated by an educational service agency that have been determined by the ,secretary 7pursuant to regulations of the ,secretary and after consultation with the ,state educational agency of the ,state in which the educational service agency operates7 to be a school or location at which the number of children taught who meet a measure of poverty under section #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcac7;a77#e771 exceeds #cj percent of the total number of children taught at such school or location2 2 and 7,b7 in subsection 7c71 by inserting 7as in effect on the day before the date of the enactment of the ,,prosper ,act7 after part ,d of title ,,iv2 7#c7 in section #dbj,m7a7 7#bj ,u4,s4,c4 #ajgj;g-#a71 by adding at the end the following3 7#c7 ,termination 7,a7 ,termination of program authority ,except as provided in paragraph 7#d71 no new grants may be made under this subpart after ,june #cj1 #bjah4 7,b7 ,limitation on funds 7i7 ,in general ,no funds are authorized to be appropriated1 and no funds may be obligated or expended under this ,act or any other ,act1 to make a grant to a new recipient under this subpart4 7ii7 ,new recipient defined ,for purposes of this subparagraph1 the term new recipient means a teacher candidate who has not received a grant under this subpart for which the first disbursement was on or before ,june #cj1 #bjah4 7#d7 ,student eligibility beginning with award year #bjah ,with respect to a recipient of a grant under this subpart for which the first disbursement was made on or before ,june #cj1 #bjah1 such recipient may receive additional grants under this subpart until the earlier of-- 7,a7 the date on which the recipient completes the course of study for which the recipient received the grant for which the first disbursement was made on or before ,june #cj1 #bjah2 or 7,b7 the date on which the recipient receives the total amount that the recipient may receive under this subpart in accordance with subsection 7d74 2 and 7#d7 in section #dbj,o 7#bj ,u4,s4,c4 #ajgj;g-#c7-- 7,a7 by striking #bjjh and inserting #bjjh1 and ending on ,june #cj1 #bjah2 and 7,b7 by adding at the end the following3 ,except as provided in section #dbj,m7a77#d71 no funds shall be available to the ,secretary to carry out this subpart after ,june #cj1 #bjah44 ,b ,federal ,family ,education ,loan ,program #dba4 ,federal ,direct ,consolidation ,loans ,section #dbh;,c 7#bj ,u4,s4,c4 #ajgh-c7 is amended-- 7#a7 in subsection 7a77#d77;,b71 by inserting before the semicolon at the end 1 as in effect on the day before the date of enactment of the ,,prosper ,act and pursuant to section #dfa7;a7 of such ,act2 and 7#b7 in subsection 7b77#a77;,f77ii7-- 7,a7 in the matter preceding subclause 7,i71 by inserting 1 as in effect on the day before the date of enactment of the ,,prosper ,act and pursuant to section #dfa7;a7 of such ,act after part ,e2 7,b7 in subclause 7,i71 in the matter preceding item 7aa71 by inserting 1 as so in effect1 after part ,e2 7,c7 in subclause 7,i77bb71 by inserting 1 as so in effect after section #dfd7;c77#a77;,a72 7,d7 in subclause 7,,ii71 by inserting 1 as so in effect after section #dfe7;a72 and 7,e7 in subclause 7,,iii7-- 7i7 by inserting 1 as so in effect after section #dfe2 and 7ii7 by inserting 1 as so in effect after #dfe7;a74 #dbb4 ,loan rehabilitation ,section #dbh;,f7a77#e7 7#bj ,u4,s4,c4 #ajgh-f7 is amended by striking one time and inserting two times4 #dbc4 ,loan forgiveness for teachers ,section #dbh;,j7b77#a77;,a7 7#bj ,u4,s4,c4 #ajgh-aj7;b77#a77;,a77 is amended by striking that qualifies under section #dfe7;a77#b77;,a7 for loan cancellation for ,perkins loan recipients who teach in such schools or locations and inserting described in section #dbj,n7b77#a77;,b74 #dbd4 ,loan forgiveness for service in areas of national need ,section #dbh,k 7#bj ,u4,s4,c4 #ajgh-aa7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#d77;,b71 by striking that qualifies under section #dfe7;a77#b77;,a7 for loan cancellation for ,perkins loan recipients who teach in such a school and inserting described in section #dbj,n7b77#a77;,b72 7,b7 in paragraph 7#e77;,b77ii71 by striking that qualifies under section #dfe7;a77#b77;,a7 for loan cancellation for ,perkins loan recipients who teach in such a school and inserting described in section #dbj,n7b77#a77;,b72 7,c7 in paragraph 7#g77;,a71 by striking that qualifies under section #dfe7;a77#b77;,a7 for loan cancellation for ,perkins loan recipients who teach in such a school and inserting described in section #dbj,n7b77#a77;,b72 7,d7 in paragraph 7#h77;,b71 by striking that qualifies under section #dfe7;a77#b77;,a7 for loan cancellation for ,perkins loan recipients who teach in such a school and inserting described in section #dbj,n7b77#a77;,b7 2 and 7,e7 in paragraph 7#af71 by striking that qualify under section #dfe7;a77#b77;,a7 for loan cancellation for ,perkins loan recipients who teach in such a school and inserting described in section #dbj,n7b77#a77;,b72 and 7#b7 in subsection 7g77#f77;,b71 by striking that qualifies under section #dfe7;a77#b77;,a7 for loan cancellation for ,perkins loan recipients who teach in such a school and inserting described in section #dbj,n7b77#a77;,b74 #dbe4 ,loan repayment for civil legal assistance attorneys ,section #dbh,l7b77#b77;,a7 7#bj ,u4,s4,c4 #ajgh-ab7;b77#b77;,a77 is amended-- 7#a7 in clause 7i71 by inserting before the semicolon at the end 1 as in effect on the day before the date of enactment of the ,,prosper ,act and pursuant to section #dfa7;a7 of such ,act2 and 7#b7 in clause 7ii77,,iii71 by inserting 1 as in effect on the day before the date of enactment of the ,,prosper ,act and pursuant to section #dfa7;a7 of such ,act after part ,e2 #dbf4 ,sunset of cohort default rate and other conforming changes 7a7 ,requirements for the ,secretary ,section #dcj7;e7 7#bj ,u4,s4,c4 #ajhj7;e77 is amended by adding at the end the following3 7#d7 ,sunset ,the ,secretary shall not be subject to the requirements of this subsection after the transition period described in section #dha;,b7e77#c74 4 7b7 ,eligible institution defined ,section #dce 7#bj ,u4,s4,c4 #ajhe7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking section #ajb and inserting sections #aja and #ajb2 and 7,b7 by adding at the end the following3 7#i7 ,sunset ,no institution shall be subject to paragraph 7#b7 after the transition period described in section #dha;,b7e77#c74 2 7#b7 in subsection 7m71 by adding at the end the following3 7#e7 ,transition period2 sunset 7,a7 ,transition period ,during the transition period1 the cohort default rate for an institution shall be calculated in the manner described in section #dha;,b7e77#a74 7,b7 ,sunset ,the ,secretary shall not be subject1 and no institution shall be subject1 to the requirements of this subsection after the transition period4 7,c7 ,definition ,in this paragraph1 the term transition period has the meaning given the term in section #dha;,b7e77#c74 2 and 7#c7 in subsection 7o77#a71 by inserting 1 as in effect on the day before the date of enactment of the ,,prosper ,act and pursuant to section #dfa7;a7 of such ,act after part ,e4 #dbg4 ,additional disclosures ,section #dcc7;a7 7#bj ,u4,s4,c4 #ajhc7;a77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking the second sentence and inserting ,any disclosure required by this subsection shall be made on the ,plain ,language ,disclosure ,form developed by the ,secretary under section #dee7p742 7#b7 in paragraph 7#d71 by striking the origination fee and and inserting finance charges1 the origination fee1 and2 7#c7 by redesignating paragraphs 7#f7 through 7#ai7 as paragraphs 7#g7 through 7#bj71 respectively2 and 7#d7 by inserting after paragraph 7#e71 the following3 7#f7 the annual percentage rate of the loan1 as calculated using the standard #aj-year repayment term1 and how interest accrues and is capitalized during periods when the interest is not paid by the borrower2 4 #dbh4 ,closed school and other discharges ,section #dcg7;c7 7#bj ,u4,s4,c4 #ajhg7 is amended-- 7#a7 in paragraph 7#a71 by inserting and the borrower meets the applicable requirements of paragraphs 7#f7 through 7#h71 after such student's lender12 7#b7 in paragraph 7#d71 by inserting before the period at the end 1 as in effect on the day before the date of enactment of the ,,prosper ,act and pursuant to section #dfa7;a7 of such ,act2 and 7#c7 by adding at the end the following3 7#f7 ,borrower qualifications for a closed school discharge 7,a7 ,in general ,in order to qualify for the discharge of a loan under this subsection due to the closure of the institution in which the borrower was enrolled1 a borrower shall submit to the ,secretary a written request and sworn statement-- 7i7 that contains true factual assertions2 7ii7 that is made by the borrower under penalty of perjury1 and that may or may not be notarized2 7iii7 under which the borrower 7or the student on whose behalf a parent borrowed7 states-- 7,i7 that the borrower or the student-- 7aa7 received1 on or after ,january #a1 #aihf1 the proceeds of a loan made1 insured1 or guaranteed under this title to attend a program of study at an institution of higher education2 7bb7 7,,aa7 did not complete the program of study because the institution closed while the student was enrolled2 or 7,,bb7 the student withdrew from the institution not more than #abj days before the institution closed1 or in the case of exceptional circumstances described in subparagraph 7,b71 not more than the period by which such #abj-;day period is extended under such subparagraph2 and 7cc7 attempted but was unable to complete the program of study through a teach-out at another institution or by transferring academic credits or hours earned at the closed institution to another institution2 7,,ii7 whether the borrower 7or the student7 has made a claim with respect to the institutions's closing with any third party1 such as the holder of a performance bond or a tuition recovery program1 and1 if so1 the amount of any payment received by the borrower 7or the student7 or credited to the borrower's loan obligation2 and 7,,iii7 that the borrower 7or the student7-- 7aa7 agrees to provide to the ,secretary or the holder of the loan upon request other documentation reasonably available to the borrower that demonstrates that the borrower meets the qualifications for discharge under this subsection2 and 7bb7 agrees to cooperate with the ,secretary in enforcement actions in accordance with subparagraph 7,c7 and to transfer any right to recovery against a third party to the ,secretary in accordance with subparagraph 7,d74 7,b7 ,exceptional circumstances 7i7 ,in general ,the ,secretary may extend the #abj-;day period described in subparagraph 7,a77iii77,i77bb77,,bb7 if the ,secretary determines that exceptional circumstances related to an institution's closing justify an extension4 7ii7 ,definition ,for purposes of this subsection1 the term exceptional circumstances1 when used with respect to an institution that closed1 includes the loss of accreditation of institution1 the institutions's discontinuation of the majority of its academic programs1 action by the ,state to revoke the institution's license to operate or award academic credentials in the ,state1 or a finding by a ,state or ,federal ,government agency that the institution violated ,state or ,federal law4 7,c7 ,cooperation by borrower in enforcement actions 7i7 ,in general ,in order to obtain a discharge described in subparagraph 7,a71 a borrower shall cooperate with the ,secretary in any judicial or administrative proceeding brought by the ,secretary to recover amounts discharged or to take other enforcement action with respect to the conduct on which the discharge was based4 ,at the request of the ,secretary and upon the ,secretary's tendering to the borrower the fees and costs that are customarily provided in litigation to reimburse witnesses1 the borrower shall-- 7,i7 provide testimony regarding any representation made by the borrower to support a request for discharge2 7,,ii7 produce any documents reasonably available to the borrower with respect to those representations2 and 7,,iii7 if required by the ,secretary1 provide a sworn statement regarding those documents and representations4 7ii7 ,denial of request for discharge ,the ,secretary shall deny the request for such a discharge or revoke the discharge of a borrower who-- 7,i7 fails to provide the testimony1 documents1 or a sworn statement required under clause 7i72 or 7,,ii7 provides testimony1 documents1 or a sworn statement that does not support the material representations made by the borrower to obtain the discharge4 7,d7 ,transfer to the ,secretary of borrower's right of recovery against third parties 7i7 ,in general ,upon receiving a discharge described in subparagraph 7,a7 of a loan1 the borrower shall be deemed to have assigned to and relinquished in favor of the ,secretary any right to a loan refund for such loan 7up to the amount discharged7 that the borrower 7or student7 may have by contract or applicable law with respect to the loan or the enrollment agreement for the program for which the loan was received1 against the institution1 its principals1 its affiliates and their successors1 its sureties1 and any private fund1 including the portion of a public fund that represents funds received from a private party4 7ii7 ,application ,the provisions of this subsection apply notwithstanding any provision of ,state law that would otherwise restrict transfer of such rights by the borrower 7or student71 limit1 or prevent a transferee from exercising such rights1 or establish procedures or a scheme of distribution that would prejudice the ,secretary's ability to recover on such rights4 7iii7 ,rule of construction ,nothing in this subsection shall limit or foreclose the borrower's 7or student's7 right to pursue legal and equitable relief regarding disputes arising from matters unrelated to the discharged loan4 7,e7 ,discharge procedures 7i7 ,in general ,after confirming the date of an institution's closure1 the ,secretary shall identify any borrower 7or student on whose behalf a parent borrowed7 who appears to have been enrolled at the institution on the closure date of the institution or to have withdrawn not more than #abj days prior to the closure date 7or in the case of exceptional circumstances described in subparagraph 7,b71 not more than the period by which such #abj-;day period is extended under such subparagraph4 ,in the case of a loan made1 insured1 or guaranteed under this part1 a guaranty agency shall notify the ,secretary immediately whenever it becomes aware of reliable information indicating an institution may have closed4 7ii7 ,borrower address 7,i7 ,known ,if the borrower's current address is known1 the ,secretary shall mail the borrower a discharge application and an explanation of the qualifications and procedures for obtaining a discharge4 ,the ,secretary or the guaranty agency shall promptly suspend any efforts to collect from the borrower on any affected loan4 ,the ,secretary may continue to receive borrower payments of the loan for which the discharge application has been filed4 7,,ii7 ,unknown ,if the borrower's current address is unknown1 the ,secretary shall attempt to locate the borrower and determine the borrower's potential eligibility for a discharge described in subparagraph 7,a7 by consulting with representatives of the closed institution1 the institution's licensing agency1 the institution's accrediting agency1 and other appropriate parties4 ,if the ,secretary learns the new address of a borrower1 the ,secretary shall mail to the borrower a discharge application and explanation1 and shall suspend collection on the loan1 as described in subclause 7,i74 7iii7 ,sworn statement ,if a borrower fails to submit the written request and sworn statement described subparagraph 7,a7 not later than #fj days after date on which the ,secretary mails the discharge application under clause 7ii71 the ,secretary-- 7,i7 shall resume collection on the loan and grant forbearance of principal and interest for the period in which collection activity was suspended2 and 7,,ii7 may capitalize any interest accrued and not paid during such period4 7iv7 ,notification 7,i7 ,qualifications met ,if the ,secretary determines that a borrower who requests a discharge described in subparagraph 7,a7 meets the qualifications for such a discharge1 the ,secretary shall-- 7aa7 notify the borrower in writing of that determination2 and 7bb7 not regard a borrower who has defaulted on a loan that has been so discharged as in default on the loan after such discharge1 and such a borrower shall be eligible to receive assistance under this title4 7,,ii7 ,qualifications not met ,if the ,secretary determines that a borrower who requests a discharge described in subparagraph 7,a7 does not meet the qualifications for such a discharge1 the ,secretary or guaranty agency shall resume collection on the loan and notify the borrower in writing of that determination and the reasons for the determination4 7#g7 ,borrower qualifications for a false certification discharge 7,a7 ,application 7i7 ,in general ,in order to qualify for false certification discharge under this subsection1 the borrower shall submit to the ,secretary1 on a form approved by the ,secretary1 an application for discharge that-- 7,i7 does not need not be notarized1 but shall be made by the borrower under penalty of perjury and 7,,ii7 demonstrates to the satisfaction of the ,secretary that the requirements in subparagraphs 7,b7 through 7,g7 have been met4 7ii7 ,notification ,if the ,secretary determines the application does not meet the requirements of clause 7i71 the ,secretary shall notify the applicant and explain why the application does not meet the requirements4 7,b7 ,high school diploma or equivalent ,in the case of a borrower requesting a false certification discharge based on not having had a high school diploma and not having met the alternative to graduation from high school eligibility requirements under section #dhd7;d7 applicable at the time the loan was originated1 and the institution or a third party to which the institution referred the borrower falsified the student's high school diploma1 the borrower shall state in the application that the borrower 7or the student on whose behalf a parent borrowed7-- 7i7 reported not having a valid high school diploma or its equivalent at the time the loan was certified2 and 7ii7 did not satisfy the alternative to graduation from high school statutory or regulatory eligibility requirements identified on the application form and applicable at the time the institution certified the loan4 7,c7 ,disqualifying condition ,in the case of a borrower requesting a false certification discharge based on a condition that would disqualify the borrower from employment in the occupation that the program for which the borrower received the loan was intended1 the borrower shall state in the application that the borrower 7or student on whose behalf the parent borrowed7 did not meet ,state requirements for employment 7in the student's ,state of residence7 in the occupation that the program for which the borrower received the loan was intended because of a physical or mental condition1 age1 criminal record1 or other reason accepted by the ,secretary4 7,d7 ,unauthorized loan ,in the case of a borrower requesting a discharge under this subsection because the institution signed the borrower's name on the loan application or promissory note without the borrower's authorization1 the borrower shall-- 7i7 state that the borrower did not sign the document in question or authorize the institution to do so2 and 7ii7 provide #e different specimens of the borrower's signature1 #b of which must be within one year before or after the date of the contested signature4 7,e7 ,unauthorized payment ,in the case of a borrower requesting a false certification discharge because the institution1 without the borrower's authorization1 endorsed the borrower's loan check or signed the borrower's authorization for electronic funds transfer1 the borrower shall-- 7i7 state that the borrower did not endorse the loan check or sign the authorization for electronic funds transfer or authorize the institution to do so2 7ii7 provide #e different specimens of the borrower's signature1 #b of which must be within one year before or after the date of the contested signature2 and 7iii7 state that the proceeds of the contested disbursement were not delivered to the borrower or applied to charges owed by the borrower to the institution4 7,f7 ,identity theft 7i7 ,in general ,in the case of an individual whose eligibility to borrow was falsely certified because the individual was a victim of the crime of identity theft and is requesting a discharge1 the individual shall-- 7,i7 certify that the individual did not sign the promissory note1 or that any other means of identification used to obtain the loan was used without the authorization of the individual claiming relief2 7,,ii7 certify that the individual did not receive or benefit from the proceeds of the loan with knowledge that the loan had been made without the authorization of the individual2 7,,iii7 provide a copy of a local1 ,state1 or ,federal court verdict or judgment that conclusively determines that the individual who is named as the borrower of the loan was the victim of a crime of identity theft2 and 7,,iv7 if the judicial determination of the crime does not expressly state that the loan was obtained as a result of the crime of identity theft1 provide-- 7aa7 authentic specimens of the signature of the individual1 as described in subparagraph 7,d77ii71 or of other means of identification of the individual1 as applicable1 corresponding to the means of identification falsely used to obtain the loan2 and 7bb7 statement of facts that demonstrate1 to the satisfaction of the ,secretary1 that eligibility for the loan in question was falsely certified as a result of the crime of identity theft committed against that individual4 7ii7 ,definitions ,for purposes of this subparagraph3 7,i7 ,identity theft ,the term identity theft means the unauthorized use of the identifying information of another individual that is punishable under section #ajbh1 #ajbh;,a1 #ajbi1 or #ajcj of title #ah1 ,united ,states ,code1 or substantially comparable ,state or local law4 7,,ii7 ,identifying information ,the term identifying information includes-- 7aa7 name1 ,social ,security number1 date of birth1 official ,state or government issued driver's license or identification number1 alien registration number1 government passport number1 and employer or taxpayer identification number2 7bb7 unique biometric data1 such as fingerprints1 voiceprint1 retina or iris image1 or unique physical representation2 7cc7 unique electronic identification number1 address1 or routing code2 or 7dd7 telecommunication identifying information or access device 7as defined in #ah ,u4,s4,c4 #ajbi7;e77 borrower qualifications for a false certification discharge 7,g7 ,claim to third party ,the borrower shall state whether the borrower has made a claim with respect to the institutions's false certification or unauthorized payment with any third party1 such as the holder of a performance bond or a tuition recovery program1 and1 if so1 the amount of any payment received by the borrower or credited to the borrower's loan obligation4 7,h7 ,cooperation with the secretary ,the borrower shall state that the borrower-- 7i7 agrees to provide to the ,secretary upon request other documentation reasonably available to the borrower that demonstrates that the borrower meets the qualifications for discharge under this subsection2 and 7ii7 agrees to cooperate with the ,secretary in enforcement actions and to transfer any right to recovery against a third party to the ,secretary4 7#h7 ,borrower qualifications for an unpaid refund discharge ,to receive an unpaid refund discharge of a portion of a loan under this subsection1 a borrower shall submit to the holder or guaranty agency a written application-- 7,a7 that requests the information required to calculate the amount of the discharge2 7,b7 that the borrower signs for the purpose of swearing to the accuracy of the information2 7,c7 that is made by the borrower under penalty of perjury1 and that may or may not be notarized2 7,d7 under which the borrower states-- 7i7 that the borrower-- 7,i7 received1 on or after ,january #a1 #aihf1 the proceeds of a loan1 in whole or in part1 made1 insured1 or guaranteed under this title to attend an institution of higher education2 7,,ii7 did not attend1 withdrew1 or was terminated from the institution within a timeframe that entitled the borrower to a refund2 and 7,,iii7 did not receive the benefit of a refund to which the borrower was entitled either from the institution or from a third party1 such as the holder of a performance bond or a tuition recovery program2 7ii7 whether the borrower has any other application for discharge pending for this loan2 and 7iii7 that the borrower-- 7,i7 agrees to provide to the ,secretary upon request other documentation reasonably available to the borrower that demonstrates that the borrower meets the qualifications for discharge under this subsection2 and 7,,ii7 agrees to cooperate with the ,secretary in enforcement actions and to transfer any right to recovery against a third party to the ,secretary4 4 ,c ,federal ,work-,study ,programs #dda4 ,purpose2 authorization of appropriations ,section #dda 7#bj ,u4,s4,c4 #ajhg-ea7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking part-time and inserting paid2 7,b7 by striking 1 graduate1 or professional2 and 7,c7 by striking community service and inserting work-based learning2 7#b7 in subsection 7b71 by striking part1 such sums as may be necessary for fiscal year #bjji and each of the five succeeding fiscal years4 and inserting part1 #a1gbb1heh1jjj for fiscal year #bjai and each of the #e succeeding fiscal years42 and 7#c7 by amending subsection 7c7 to read as follows3 7c7 ,work-,based learning ,for purposes of this part1 the term work-based learning means paid interactions with industry or community professionals in real workplace settings that foster in-depth1 first-hand engagement with the tasks required of a given career field1 that are aligned to a student's field of study4 4 #ddb4 ,allocation formula ,section #ddb 7#bj ,u4,s4,c4 #ajhg-eb7 is amended to read as follows3 #ddb4 ,allocation of funds 7a7 ,reservations 7#a7 ,reservation for improved institutions 7,a7 ,amount of reservation for improved institutions ,for a fiscal year in which the amount appropriated under section #dda7;b7 exceeds #gjj1jjj1jjj1 the ,secretary shall-- 7i7 reserve the lesser of-- 7,i7 an amount equal to #bj percent of the amount by which the amount appropriated under section #dda7;b7 exceeds #gjj1jjj1jjj2 or 7,,ii7 #aej1jjj1jjj2 and 7ii7 allocate the amount reserved under clause 7i7 to each improved institution in an amount-- 7,i7 that bears the same proportion to the amount reserved under clause 7i7 as the total amount of all ,federal ,pell ,grant funds awarded at the improved institution for the second preceding fiscal year bears to the total amount of ,federal ,pell ,grant funds awarded at improved institutions participating under this part for the second preceding fiscal year2 and 7,,ii7 is not-- 7aa7 less than #aj1jjj2 or 7bb7 greater than #a1ejj1jjj4 7,b7 ,improved institution described ,for purposes of this paragraph1 an improved institution is an institution that1 on the date the ,secretary makes an allocation under subparagraph 7,a77ii7 is1 with respect to-- 7i7 the completion rate or graduation rate of ,federal ,pell ,grant recipients at the institution1 in the top #aj percent of-- 7,i7 if the institution is an institution described in any of clauses 7iv7 through 7ix7 of section #acb7;d77#a77;,b71 all such institutions participating under this part for the preceding fiscal year2 or 7,,ii7 if the institution is an institution described in any of clauses 7i7 through 7iii7 of section #acb7;d77#a77;,b71 all such institutions participating under this part for the preceding fiscal year2 or 7ii7 the improvement of the completion rate or graduation rate between the preceding fiscal year and such date1 in the top #aj percent of the institutions described in clause 7i74 7,c7 ,completion rate or graduation rate ,for purposes of determining the completion rate or graduation rate under this section1 a ,federal ,pell ,grant recipient shall be counted as a completor or graduate if1 within the normal time for completion of or graduation from the program1 the student has completed or graduated from the program1 or enrolled in any program of an institution participating in any program under this title for which the prior program provides substantial preparation4 7,d7 ,reallocation of returned amount ,if an institution returns to the ,secretary any portion of the sums allocated to such institution under this paragraph for any fiscal year1 the ,secretary shall reallot such excess to improved institutions on the same basis as under subparagraph 7,a77ii77,i74 7#b7 ,reservation for work colleges ,from the amounts appropriated under section #dda7;b71 the ,secretary shall reserve to carry out section #ddh such amounts as may be necessary for fiscal year #bjai and each of the #e succeeding fiscal years4 7b7 ,allocation formula for fiscal years #bjai through #bjbc 7#a7 ,in general ,from the amount appropriated under section #dda7;b7 for a fiscal year and remaining after the ,secretary reserves funds under subsection 7a71 the ,secretary shall allocate to each institution-- 7,a7 for fiscal year #bjai1 an amount equal to the greater of-- 7i7 #ij percent of the amount the institution received under this subsection and subsection 7a7 for fiscal year #bjah1 as such subsections were in effect with respect to such fiscal year 7in this subparagraph referred to as the #bjah amount for the institution72 or 7ii7 the fair share amount for the institution determined under subsection 7d72 7,b7 for fiscal year #bjbj1 an amount equal to the greater of-- 7i7 #hj percent of the #bjah amount for the institution2 or 7ii7 the fair share amount for the institution determined under subsection 7d72 7,c7 for fiscal year #bjba1 an amount equal to the greater of-- 7i7 #fj percent of the #bjah amount for the institution2 or 7ii7 the fair share amount for the institution determined under subsection 7d72 7,d7 for fiscal year #bjbb1 an amount equal to the greater of-- 7i7 #dj percent of the #bjah amount for the institution2 or 7ii7 the fair share amount for the institution determined under subsection 7d72 and 7,e7 for fiscal year #bjbc1 an amount equal to the greater of-- 7i7 #bj percent of the #bjah amount for the institution2 or 7ii7 the fair share amount for the institution determined under subsection 7d74 7#b7 ,ratable reduction 7,a7 ,in general ,if the amount appropriated under section #dda7;b7 for a fiscal year and remaining after the ,secretary reserves funds under subsection 7a7 is less than the amount required to be allocated to the institutions under this subsection1 then the amount of the allocation to each institution shall be ratably reduced4 7,b7 ,additional appropriations ,if the amounts allocated to each institution are ratably reduced under subparagraph 7,a7 for a fiscal year and additional amounts are appropriated for such fiscal year1 the amount allocated to each institution from the additional amounts shall be increased on the same basis as the amounts under subparagraph 7,a7 were reduced 7until each institution receives the amount required to be allocated under this subsection74 7c7 ,allocation formula for fiscal year #bjbd and each succeeding fiscal year ,from the amount appropriated under section #dda7;b7 for fiscal year #bjbd and each succeeding fiscal year and remaining after the ,secretary reserves funds under subsection 7a71 the ,secretary shall allocate to each institution the fair share amount for the institution determined under subsection 7d74 7d7 ,determination of fair share amount 7#a7 ,in general ,the fair share amount for an institution for a fiscal year shall be equal to the sum of the following3 7,a7 ,an amount equal to #ej percent of the amount that bears the same proportion to the available appropriated amount for such fiscal year as the total amount of ,federal ,pell ,grant funds disbursed at the institution for the preceding fiscal year bears to the total amount of ,federal ,pell ,grant funds awarded at all institutions participating under this part for the preceding fiscal year4 7,b7 ,an amount equal to #ej percent of the amount that bears the same proportion to the available appropriated amount for such fiscal year as the total amount of the undergraduate student need at the institution for the preceding fiscal year bears to the total amount of undergraduate student need at all institutions participating under this part for the preceding fiscal year4 7#b7 ,definitions ,in this subsection3 7,a7 ,available appropriated amount ,the term available appropriated amount means-- 7i7 the amount appropriated under section #dda7;b7 for a fiscal year1 minus 7ii7 the amounts reserved under subsection 7a7 for such fiscal year4 7,b7 ,average cost of attendance ,the term average cost of attendance means1 with respect to an institution1 the average of the attendance costs for a fiscal year for students which shall include-- 7i7 tuition and fees1 computed on the basis of information reported by the institution to the ,secretary1 which shall include-- 7,i7 total revenue received by the institution from undergraduate tuition and fees for the second year preceding the year for which it is applying for an allocation2 and 7,,ii7 the institution's enrollment for such second preceding year2 7ii7 standard living expenses equal to #aej percent of the difference between the income protection allowance for a family of #e with #a in college and the income protection allowance for a family of #f with #a in college for a single independent student2 and 7iii7 books and supplies1 in an amount not exceeding #hjj4 7,c7 ,undergraduate student need ,the term undergraduate student need means1 with respect to an undergraduate student for a fiscal year1 the lesser of the following3 7i7 ,the total of the amount equal to 7except the amount computed by this clause shall not be less than zero7-- 7,i7 the average cost of attendance for the fiscal year1 minus 7,,ii7 the total amount of each such undergraduate student's expected family contribution 7computed in accordance with part ,f of this title7 for the preceding fiscal year4 7ii7 #ab1ejj4 7e7 ,return of surplus allocated funds 7#a7 ,amount returned ,if an institution returns more than #aj percent of its allocation under subsection 7d71 the institution's allocation for the next fiscal year shall be reduced by the amount returned4 7#b7 ,waiver ,the ,secretary may waive this paragraph for a specific institution if the ,secretary finds that enforcing this paragraph would be contrary to the interest of the program4 7f7 ,filing deadlines ,the ,secretary shall1 from time to time1 set dates before which institutions must file applications for allocations under this part4 4 #ddc4 ,grants for ,federal work-study programs ,section #ddc 7#bj ,u4,s4,c4 #ajhg-ec7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking part-time2 7,b7 in paragraph 7#b71 by striking except that-- and all that follows through an institution may use a portion and inserting except that an institution may use a portion2 7,c7 in paragraph 7#c71 by inserting undergraduate after only2 7,d7 in paragraph 7#d71 by striking #cjj and inserting #ejj2 7,e7 in paragraph 7#e7-- 7i7 by striking shall not exceed #ge percent and inserting shall not exceed #ge percent in the first year after the date of the enactment of ,,prosper ,act1 #fe percent in the first succeeding fiscal year1 #fj percent in the second succeeding fiscal year1 #ee percent in the third succeeding fiscal year1 and #ej percent each succeeding fiscal year2 7ii7 by striking subparagraph 7,a72 7iii7 in subparagraph 7,b7-- 7,i7 by striking #ge and inserting #ej2 and 7,,ii7 by striking the semicolon and inserting 2 and2 7iv7 by redesignating subparagraph 7,b7 as subparagraph 7,a72 and 7v7 by adding at the end the following3 7,b7 the ,federal share may equal #ajj percent with respect to funds received under section #ddb7;a77#a77;,a72 2 7,f7 in paragraph 7#h7-- 7i7 in subparagraph 7,a77i71 by striking vocational and inserting career2 and 7ii7 in subparagraph 7,b71 by striking community service and inserting work-based learning2 7,g7 in paragraph 7#aj71 by striking 2 and and inserting a semicolon2 7,h7 in paragraph 7#aa71 by striking the period at the end and inserting a semicolon2 and 7,i7 by adding at the end the following3 7#ab7 provide assurances that the institution will collect data from students and employers such that the employment made available from funds under this part will1 to the maximum extent practicable1 complement and reinforce the educational goals or career goals of each student receiving assistance under this part2 and 7#ac7 provide assurances that if the institution receives funds under section #ddb7;a77#a77;,a71 such institution shall-- 7,a7 use such funds to compensate students participating in the work-study program2 and 7,b7 prioritize the awarding of such funds to students-- 7i7 who demonstrate exceptional need2 or 7ii7 who are employed in work-based learning opportunities through the work-study program4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking program of part-time employment and inserting the following3 program-- 7,a7 of employment 2 and 7ii7 by inserting or after subsection 7b77#c722 and 7iii7 by adding at the end the following3 7,b7 of full-time employment of its cooperative education students in work for a private for-profit organization under an arrangement between the institution and such organization that complies with the requirements of subparagraphs 7,a7 through 7,d7 of subsection 7b77#a7 of this section and subsection 7b77#d7 of this section2 2 7,b7 by striking paragraph 7#b72 7,c7 in paragraph 7#d71 by inserting and complement and reinforce the educational goals or career goals of each student receiving assistance under this part after relevant2 and 7,d7 by redesignating paragraphs 7#c71 7#d71 and 7#e7 as paragraphs 7#b71 7#c71 and 7#d71 respectively2 and 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,in any academic year to which subsection 7b77#b77;,a7 applies1 an institution shall ensure that and inserting ,an institution may use the 2 and 7ii7 by striking are used2 and 7,b7 in paragraph 7#c71 by striking may exceed #ge percent and inserting shall not exceed #ej percent4 #ddd4 ,flexible use of funds ,section #dde7;a7 7#bj ,u4,s4,c4 #ajhg-ee7;a77 is amended-- 7#a7 in paragraph 7#b71 by striking in the same ,state and inserting described under section #ddb7;a77#a77;,b72 and 7#b7 by adding at the end the following new paragraph3 7#c7 ,in addition to the carry-over sums authorized under paragraph 7#a7 of this section1 an institution may permit a student who completed the previous award period to continue to earn unearned portions of the student's work-study award from that previous year if-- 7,a7 any reduction in the student's need upon which the award was based is accounted for in the remaining portion2 and 7,b7 the student is currently employed in a work-based learning position4 4 #dde4 ,job location and development programs ,section #ddf 7#bj ,u4,s4,c4 #ajhg-ef7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking #aj percent or #ge1jjj and inserting #bj percent or #aej1jjj2 and 7ii7 by striking 1 including community service jobs12 7,b7 in paragraph 7#b71 by striking vocational and inserting career2 and 7,c7 by adding at the end the following3 7#c7 ,an institution may use a portion of the funds expended under this section to identify and expand opportunities for apprenticeships for students and to assist employers in developing jobs that are part of apprenticeship programs4 2 and 7#b7 in subsection 7b7-- 7,a7 by striking paragraph 7#b72 7,b7 by redesignating paragraphs 7#c7 through 7#f7 as paragraphs 7#d7 through 7#g71 respectively2 and 7,c7 by inserting before paragraph 7#d71 as so redesignated1 the following3 7#b7 provide satisfactory assurance that the institution will prioritize placing students with the lowest expected family contribution and ,federal work-study recipients in jobs located and developed under this section2 7#c7 provide a satisfactory assurance that the institution will locate and develop work-based learning opportunities through the job location development programs2 2 and 7,d7 in paragraph 7#g71 as so redesignated1 by striking the period and inserting 1 including-- 7,a7 the number of students employed in work-based learning opportunities through such program2 7,b7 the number of students demonstrating exceptional need and employed in a work-study program through such program2 and 7,c7 the number of students demonstrating exceptional need and employed in work-based learning opportunities through such program4 4 #ddf4 ,community service ,section #ddg 7#bj ,u4,s4,c4 #ajhg-eg7 is repealed4 #ddg4 ,work colleges ,section #ddh 7#bj ,u4,s4,c4 #ajhg-eh7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking and part ,e2 and 7ii7 by striking appropriated and inserting allocated2 7,b7 in paragraph 7#b71 by striking appropriated pursuant to and inserting allocated under2 and 7#b7 in subsection 7c71 by striking authorized by and inserting allocated under2 7#c7 in subsection 7e77#a7-- 7,a7 in subparagraph 7,c71 by striking 2 and and inserting a semicolon2 and 7,b7 by adding at the end the following3 7,e7 has administered ,federal work-study for at least #b years2 and 2 and 7#d7 by amending subsection 7f7 to read as follows3 7f7 ,allocation of reserved funds 7#a7 ,in general ,subject to paragraph 7#b71 from the amount reserved under section #ddb7;a77#b7 for a fiscal year to carry out this section1 the ,secretary shall allocate to each work college that submits an application under subsection 7c7 an amount equal to the amount that bears the same proportion to the amount appropriated for such fiscal year as the number of students eligible for employment under a work-study program under this part who are enrolled at the work college bears to the total number of students eligible for employment under a work-study program under this part who are enrolled at all work colleges4 7#b7 ,reallotment of unmatched funds ,if a work college is unable to match funds received under paragraph 7#a7 in accordance with subsection 7d71 any unmatched funds shall be returned to the ,secretary and the ,secretary shall reallot such funds on the same basis as funds are allocated under paragraph 7#a74 4 ,d ,federal ,direct ,student ,loan ,program #dea4 ,termination of ,federal ,direct ,loan ,program under part ,d and other conforming amendments 7a7 ,appropriations ,section #dea 7#bj ,u4,s4,c4 #ajhg;a7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 ,no sums may be expended after ,september #cj1 #bjbd1 with respect to loans under this part for which the first disbursement is after such date42 and 7#b7 by adding at the end1 the following3 7c7 ,termination of authority to make new loans ,notwithstanding subsection 7a7 or any other provision of law-- 7#a7 no new loans may be made under this part after ,september #cj1 #bjbd2 and 7#b7 no funds are authorized to be appropriated1 or may be expended1 under this ,act1 or any other ,act to make loans under this part for which the first disbursement is after ,september #cj1 #bjbd1 except as expressly authorized by an ,act of ,congress enacted after the date of enactment of the ,,prosper ,act4 7d7 ,student eligibility beginning with award year #bjai 7#a7 ,new borrowers ,no loan may be made under this part to a new borrower for which the first disbursement is after ,june #cj1 #bjai4 7#b7 ,borrowers with outstanding balances ,subject to paragraph 7#c71 with respect to a borrower who1 as of ,july #a1 #bjai1 has an outstanding balance of principal or interest owing on a loan made under this part1 such borrower may-- 7,a7 in the case of such a loan made to the borrower for enrollment in a program of undergraduate education1 borrow loans made under this part for any program of undergraduate education through the close of ,september #cj1 #bjbd2 7,b7 in the case of such a loan made to the borrower for enrollment in a program of graduate or professional education1 borrow loans made under this part for any program of graduate or professional education through the close of ,september #cj1 #bjbd2 and 7,c7 in the case of such a loan made to the borrower on behalf of a dependent student for the student's enrollment in a program of undergraduate education1 borrow loans made under this part on behalf of such student through the close of ,september #cj1 #bjbd4 7#c7 ,loss of eligibility ,a borrower described in paragraph 7#b7 who borrows a loan made under part ,e for which the first disbursement is made on or after ,july #a1 #bjai1 shall lose the borrower's eligibility to borrow loans made under this part in accordance with paragraph 7#b74 4 7b7 ,perkins ,loan conforming amendment ,section #dec7;c77#b77;,a7 7#bj ,u4,s4,c4 #ajhg;c7c77#b77;,a77 is amended by inserting 1 as in effect on the day before the date of enactment of the ,,prosper ,act and pursuant to section #dfa7;a71 after part ,e2 7c7 ,applicable interest rates and other terms and conditions ,section #dee 7#bj ,u4,s4,c4 #ajhg;e7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting 1 and first disbursed before ,october #a1 #bjbd1 after under this part2 7,b7 in paragraph 7#b71 by inserting 1 and first disbursed before ,october #a1 #bjbd1 after under this part2 7#b7 in subsection 7b77#h7-- 7,a7 in the paragraph heading1 by inserting and before ,october #a1 #bjbd after #bjac2 7,b7 in subparagraph 7,a71 by inserting and before ,october #a1 #bjbd1 after ,july #a1 #bjac12 7,c7 in subparagraph 7,b71 by inserting and before ,october #a1 #bjbd1 after ,july #a1 #bjac12 7,d7 in subparagraph 7,c71 by inserting and before ,october #a1 #bjbd1 after ,july #a1 #bjac12 and 7,e7 in subparagraph 7,d71 by inserting and before ,october #a1 #bjbd1 after ,july #a1 #bjac12 7#c7 in subsection 7c77#b77;,e71 by inserting 1 and before ,october #a1 #bjbd after ,july #a1 #bjaj2 7#d7 in subsection 7e77#g71 in the matter preceding subparagraph 7,a71 by inserting 1 as in effect on the day before the date of enactment of the ,,prosper ,act and pursuant to section #dfa7;a7 after part ,e2 and 7#e7 in subsection 7g7-- 7,a7 by inserting 1 and first disbursed before ,october #a1 #bjbd1 after under this part the first place it appears2 and 7,b7 by adding at the end the following3 ,the authority to make consolidation loans under this subsection expires at the close of ,september #cj1 #bjbd4 ,no loan may be made under this subsection for which the disbursement is on or after ,october #a1 #bjbd42 and 7#f7 in subsection 7o7-- 7,a7 in paragraph 7#a71 by inserting 1 and before ,october #a1 #bjbd after ,october #a1 #bjjh2 and 7,b7 in paragraph 7#b7-- 7i7 by inserting and before ,october #a1 #bjbd1 after ,october #a1 #bjjh12 and 7ii7 by inserting 1 and before ,october #a1 #bjbd before the period at the end4 #deb4 ,borrower defenses ,section #dee7;h7 7#bj ,u4,s4,c4 #ajhg;e7h77 is amended to read as follows3 7h7 ,borrower ,defenses 7#a7 ,in general ,in any proceeding to collect on a loan made under this part on or after ,july #a1 #bjah to a borrower1 the ,secretary shall abide by the following3 7,a7 ,in no event may the borrower recover any amount previously collected or be freed of amounts owed to the ,secretary without submitting an individually-filed application for approval4 7,b7 ,in no event may the borrower recover amounts previously collected by the ,secretary1 in any action arising from or relating to a loan made under this part1 in an amount in excess of the amount that has been paid by the borrower on such loan4 7,c7 ,in no event may the borrower submit an application to recover amounts previously collected by the ,secretary later than #c years after the misconduct or breach of contract on behalf of the institution takes place that gives rise to the borrower to assert a defense to repayment of the loan4 7,d7 ,in no event may anyone other than an administrative law judge or its equivalent preside over hearings of any kind related to applications submitted under this subsection4 7,e7 ,in no event may the ,secretary approve or disapprove the borrower's application under this subsection without allowing for the equal consideration of evidence and arguments presented by a representative on behalf of the student or students and a representative on behalf of the institution1 if either such party makes a request4 7,f7 ,in no event may the ,secretary withhold from an institution any materials1 facts1 or evidence used when processing an application submitted by the borrower4 7,g7 ,in no event may the borrower of a loan made1 insured or guaranteed under this title 7other than a loan made under this part or a ,federal ,,one ,loan7 submit an application under this subsection without consolidating the loans of the borrower into a ,federal ,,one ,consolidation ,loan4 7#b7 ,borrower application requirements 7,a7 ,in general ,an application submitted by a borrower under this subsection to the ,secretary shall-- 7i7 certify the borrower's receipt of loan proceeds1 in whole or in part1 to attend the named institution of higher education2 7ii7 provide evidence described in subparagraph 7,b7 that supports a borrower defense to repayment of the loan2 and 7iii7 indicate whether the borrower has made a claim with respect to the information underlying the borrower defense with any third party and1 if so1 the amount of any payment received by the borrower or credited to the borrower's loan obligation4 7,b7 ,evidence ,the borrower has a borrower defense if-- 7i7 the borrower1 whether as an individual or as a member of a class1 or a governmental agency1 has obtained against the institution of higher education a nondefault1 favorable contested judgment based on ,state or ,federal law in a court or administrative tribunal of competent jurisdiction2 7ii7 the institution of higher education for which the borrower received the loan made under this part failed to perform its obligations under the terms of a contract with the student2 or 7iii7 the institution of higher education described in clause 7ii7 or any of its representatives engaged directly in marketing1 recruitment or admissions activities1 or any other institution of higher education1 organization1 or person with whom such institution has an agreement to provide educational programs1 or to provide marketing1 advertising1 recruiting1 or admissions services1 made a substantial misrepresentation within the meaning of section #dhg7;c77#c77;,b77i77,,ii7 that the borrower reasonably relied on when the borrower decided to attend1 or to continue attending1 such institution4 7#c7 ,secretarial notification requirements 7,a7 ,receipt of application ,upon receipt of a borrower's application1 the ,secretary-- 7i7 if the borrower is not in default on the loan for which a borrower defense has been asserted1 shall grant a forbearance and notify the borrower of the option to decline the forbearance and to continue making payments on the loan2 7ii7 if the borrower is in default on the loan for which a borrower defense has been asserted-- 7,i7 shall suspend collection activity on the loan until the ,secretary issues a decision on the borrower's claim 7,,ii7 shall notify the borrower of the suspension of collection activity and explain that collection activity will resume if the ,secretary determines that the borrower does not qualify for a full discharge2 and 7,,iii7 shall notify the borrower of the option to continue making payments under a rehabilitation agreement or other repayment agreement on the defaulted loan2 and 7iii7 shall to the extent possible1 notify the institutions against which the application is filed1 which notification shall include-- 7,i7 the reasons that the application has been filed2 and 7,,ii7 the amount of relief requested4 7,b7 ,approved application ,if a borrower's application is approved in full or in part1 the ,secretary shall-- 7i7 notify the borrower and the institution in writing of that determination and of the relief provided2 and 7ii7 inform the institution of the opportunity to request a one-time reconsideration of the claim in the application if new evidence that was not previously provided can be identified4 7,c7 ,application not approved ,if a borrower's application is not approved in full or in part1 the ,secretary-- 7i7 shall notify the borrower and the institution of the reasons for the denial1 the evidence that was relied upon1 any portion of the loan that is due and payable to the ,secretary1 whether the ,secretary will reimburse any amounts previously collected1 and inform the borrower that the loan will return to its status prior to the borrower's submission of the application2 and 7ii7 shall inform the borrower of the opportunity to request a one-time reconsideration of the claim in the application if new evidence that was not previously provided can be identified4 7,d7 ,consolidation ,during a proceeding for an individual borrower1 the ,secretary may consolidate individually-filed applications that have common facts and claims and resolve the borrowers' borrower defense claims for faster processing4 7,e7 ,new evidence defined ,for purposes of this paragraph1 the term new evidence means relevant evidence that the borrower or the institution did not previously provide and that was not identified in the final decision as evidence that was relied upon for the final decision4 ,if accepted for reconsideration by the ,secretary1 the ,secretary shall follow the procedure under this paragraph4 7,f7 ,notification ,after a borrower submits an application1 the ,secretary shall include in the notification to the borrower-- 7i7 the actions1 including deadlines and document requests1 that will be taken by the ,secretary when processing an application by the borrower2 and 7ii7 that the final action by the ,secretary shall be available for review under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7,g7 ,timely approval process ,during a proceeding for an individual borrower1 the ,secretary shall process a submitted application and notify the borrower of the final determination in a manner that is timely and efficient4 7,h7 ,report ,not later than two years after the date of enactment of the ,,prosper ,act1 the ,secretary shall submit to the authorizing committees a report that includes-- 7i7 the established policies and procedures for processing applications2 7ii7 the established policies and procedures for approving an application2 7iii7 the established policies and procedures for denying an application2 7iv7 the method used to calculate the amount and type of relief to be awarded to borrowers who submit an application2 and 7v7 the established timeframes for the policies and procedures identified in clauses 7i7 through 7iii74 7#d7 ,calculation of relief ,the ,secretary shall determine the appropriate method for calculating the amount of relief to be awarded to a borrower as a result of a proceeding described in this subsection based on the materials1 facts1 and evidence presented during the proceeding4 7#e7 ,further relief ,the ,secretary may afford the borrower such further relief as the ,secretary determines is appropriate under the circumstances1 but which shall not exceed the following3 7,a7 ,reimbursing the borrower for amounts paid toward the loan voluntarily or through enforced collection4 7,b7 ,restoring eligibility for assistance under this title after determining that the borrower is not in default on the loan4 7,c7 ,updating reports to consumer reporting agencies to which the ,secretary previously made adverse credit reports with regard to a loan made under this part after ,july #a1 #bjah4 7#f7 ,recovery 7,a7 ,in general ,the ,secretary may initiate an appropriate proceeding to require the institution of higher education whose act or omission resulted in the borrower's successful defense against repayment of a loan made under this part to pay to the ,secretary the amount of the loan to which the defense applies not later than #c years from the end of the last award year in which the student attended the institution4 7,b7 ,notice ,the ,secretary may initiate a proceeding to collect at any time if the institution received notice of the claim before the end of the later of the periods described in subparagraph 7,a74 ,for purposes of this subparagraph1 notice includes receipt of-- 7i7 actual notice from the borrower1 from a representative of the borrower1 or from the ,department2 7ii7 a class action complaint asserting relief for a class that may include the borrower2 or 7iii7 written notice1 including a civil investigative demand or other written demand for information1 from a ,federal or ,state agency that has power to initiate an investigation into conduct of the institution of higher education relating to specific programs1 periods1 or practices that may have affected the borrower4 4 #dec4 ,plain language disclosure form 7a7 ,plain language disclosure form ,section #dee7p7 7#bj ,u4,s4,c4 #ajhg;e7p77 is amended to read as follows3 7p7 ,disclosures 7#a7 ,in general ,the ,secretary shall1 with respect to loans under this part and in accordance with such regulations as the ,secretary shall prescribe1 comply with each of the requirements under section #dcc that apply to a lender with respect to a loan under part ,b4 7#b7 ,plain language disclosure form 7,a7 ,development and issuance of form ,not later than #bd months after the date of the enactment of this paragraph1 the ,secretary shall1 based on consumer testing1 develop and issue a model form to be known as the ,plain ,language ,disclosure ,form that shall be used by the ,secretary to comply with paragraph 7#a74 7,b7 ,format ,the ,secretary shall ensure that the ,plain ,language ,disclosure ,form-- 7i7 enables borrowers to easily identify the information required to be disclosed under section #dcc7;a7 with respect to a loan1 with emphasis on the loan terms determined by the ,secretary1 based on consumer testing1 to be critical to understanding the total costs of the loan and the estimated monthly repayment2 7ii7 has a clear format and design1 including easily readable font2 and 7iii7 is as succinct as practicable4 7,c7 ,consultation ,in developing ,plain ,language ,disclosure ,form1 the ,secretary shall1 as appropriate1 consult with-- 7i7 the ,federal ,reserve ,board2 7ii7 borrowers of loans under this part2 and 7iii7 other organizations involved in the provision of financial assistance to students1 as identified by the ,secretary4 7#c7 ,electronic system for compliance ,in carrying out paragraph 7#b71 ,secretary shall develop and implement an electronic system to generate a ,plain ,language ,disclosure ,form for each borrower that includes personalized information about the borrower and the borrower's loans4 7#d7 ,limit on liability ,nothing in this subsection shall be construed to create a private right of action against the ,secretary with respect to the form or electronic system developed under this paragraph4 7#e7 ,borrower signature required ,beginning after the issuance of the ,plain ,language ,disclosure ,form by the ,secretary under paragraph 7#b71 a loan may not be issued to a borrower under this part unless the borrower acknowledges to the ,secretary1 in writing 7which may include an electronic signature71 that the borrower has read the ,plain ,language ,disclosure ,form for the loan concerned4 7#f7 ,consumer testing defined ,in this subsection1 the term consumer testing means the solicitation of feedback from individuals1 including borrowers and prospective borrowers of loans under this part 7as determined by the ,secretary71 about the usefulness of different methods of disclosing material terms of loans on the ,plain ,language ,disclosure ,form to maximize borrowers' understanding of the terms and conditions of such loans4 4 7b7 ,report to congress ,not later than #c years after the date of the enactment of this ,act1 the ,secretary of ,education shall submit to ,congress a report that includes a description of the methods and procedures used to develop the ,plain ,language ,disclosure ,form required under section #dee7p77#b7 of the ,higher ,education ,act of #aife 7as added by subsection 7a7 of this section74 #ded4 ,administrative expenses ,section #deh7;a7 7#bj ,u4,s4,c4 #ajhg;h7-- 7#a7 in paragraph 7#c7-- 7,a7 by striking #bjjg each place it appears1 including in any headings1 and inserting #bjai2 7,b7 by striking #bjad each place it appears1 including in any headings1 and inserting #bjbd2 and 7,c7 by striking part and part ,b1 including the costs of the direct student loan programs under this part and inserting title2 7#b7 in paragraph 7#d71 by striking #bjag and inserting #bjbd2 7#c7 in paragraph 7#f7-- 7,a7 in subparagraph 7,b71 by striking #bjaj and inserting #bjai2 and 7,b7 in subparagraph 7,c71 by striking training and inserting education2 7#d7 by striking paragraph 7#g72 and 7#e7 by redesignating paragraph 7#h7 as paragraph 7#g74 #dee4 ,loan cancellation for teachers ,section #dfj7;b77#a77;,a7 7#bj ,u4,s4,c4 #ajhg;j7b77#a77;,a77 is amended by striking that qualifies under section #dfe7;a77#b77;,a7 for loan cancellation for ,perkins loan recipients who teach in such schools or locations and inserting described in section #dbj,n7b77#a77;,b74 ,e ,federal ,,one ,loans #dfa4 ,wind-down of ,federal ,perkins ,loan ,program 7a7 ,in general ,except as otherwise provided in this section and notwithstanding section #dfb1 the provisions of part ,e of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;aa et seq471 as in effect on the day before the date of enactment of this ,act1 are deemed to be incorporated in this subsection as though set forth fully in this subsection1 and shall have the same force and effect as on such day4 7b7 ,close-out audits 7#a7 ,in general ,in the case of an institution of higher education that desires to have a final audit of its participation under the program under part ,e of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;aa et seq471 as in effect pursuant to subsection 7a71 at the same time as its annual financial and compliance audit under section #dhg7;c7 of such ,act 7#bj ,u4,s4,c4 #ajid7;c771 such institution shall submit to the ,secretary a request1 in writing1 for such an arrangement not later than #fj days after the institution terminates its participation under such program4 7#b7 ,termination of participation ,for purposes of this subsection1 an institution shall be considered to have terminated its participation under the program described in paragraph 7#a71 if the institution-- 7,a7 7i7 has made a determination not to service and collect student loans made available from funds under part ,e of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;aa et seq471 as in effect pursuant to subsection 7a72 or 7ii7 has completed the servicing and collection of such student loans2 and 7,b7 has completed the asset distribution required under section #dff7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;ff7b771 as in effect pursuant to subsection 7a74 7c7 ,collection of interest on certain student loans ,in the case of an institution of higher education that1 on or after ,october #a1 #bjjf1 loaned an amount to its student loan fund established under part ,e of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;aa et seq471 as in effect pursuant to subsection 7a71 for the purpose of making student loans from such fund1 and that1 before the date of enactment of this ,act1 has repaid to itself the amount loaned to such student loan fund1 the institution shall collect any interest earned on such student loans4 7d7 ,assignment of loans to ,secretary ,notwithstanding the requirements of section #dfc7;a77#e7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;cc7a77#e771 as in effect pursuant to subsection 7a71 if an institution of higher education determines not to service and collect student loans made available from funds under part ,e of such ,act 7#bj ,u4,s4,c4 #ajhg;aa et seq471 as so in effect-- 7#a7 the institution shall assign1 during the repayment period1 any notes or evidence of obligations of student loans made from such funds to the ,secretary2 and 7#b7 the ,secretary shall deposit any sums collected on such notes or obligations 7less an amount not to exceed #cj percent of any such sums collected to cover that ,secretary's collection costs7 into the ,treasury of the ,united ,states4 7e7 ,closed school discharge ,the amendments made by section #dbh to section #dcg7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg71 relating to closed school discharge1 shall apply with respect to any loans discharged on or after the date of enactment of this ,act under section #dfd7;g7 of such ,act 7#bj ,u4,s4,c4 #ajhgg;dd7g771 as in effect pursuant to subsection 7a774 #dfb4 ,federal ,,one ,loan program ,part ,e of title ,,iv 7#bj ,u4,s4,c4 #ajhg;aa et seq47 is amended to read as follows3 ,e ,federal ,one ,loan ,program #dfa4 ,program authority 7a7 ,in general ,there are hereby made available1 in accordance with the provisions of this part1 such sums as may be necessary to make loans to all eligible students 7and the eligible parents of such students7 in attendance at participating institutions of higher education selected by the ,secretary to enable such students to pursue their courses of study at such institutions during the period beginning ,july #a1 #bjai4 ,loans made under this part shall be made by participating institutions that have agreements with the ,secretary to originate loans4 7b7 ,designation ,the program established under this part shall be referred to as the ,federal ,,one ,loan ,program4 7c7 ,,one ,loans ,except as otherwise specified in this part1 loans made to borrowers under this part shall be known as ,federal ,,one ,loans4 #dfb4 ,funds for the origination of ,,one loans 7a7 ,in general ,the ,secretary shall provide1 on the basis of eligibility of students at each participating institution1 and parents of such students1 for such loans1 funds for student and ,parent ,loans under this part directly to an institution of higher education that has an agreement with the ,secretary under section #dfd7;a7 to participate in the ,federal ,,one ,loan ,program under this part and that also has an agreement with the ,secretary under section #dfd7;b7 to originate loans under this part4 7b7 ,parallel terms ,subsections 7b71 7c71 and 7d7 of section #deb shall apply to the loan program under this part in the same manner that such subsections apply to the loan program under part ,d4 #dfc4 ,selection of ,institutions for ,participation and ,origination 7a7 ,general authority ,the ,secretary shall enter into agreements pursuant to section #dfd7;a7 with institutions of higher education to participate in the ,federal ,,one ,loan ,program under this part1 and agreements pursuant to section #dfd7;b7 with institutions of higher education1 to originate loans in such program1 for academic years beginning on or after ,july #a1 #bjai4 ,such agreements for the academic year #bjai-bjbj shall1 to the extent feasible1 be entered into not later than ,january #a1 #bjai4 7b7 ,selection criteria and procedure ,the application and selection procedure for an institution of higher education desiring to participate in the loan program under this part shall be the application and selection procedure described in section #dec7;b7 for an institution of higher education desiring to participate in the loan program under part ,d4 7c7 ,eligible institutions ,the ,secretary may not select an institution of higher education for participation under this part unless such institution is an eligible institution under section #dhg7;a74 #dfd4 ,agreements with ,institutions 7a7 ,participation ,agreements ,an agreement with any institution of higher education for participation in the ,federal ,,one ,loan ,program under this part shall-- 7#a7 provide for the establishment and maintenance of a direct student loan program at the institution under which the institution will-- 7,a7 identify eligible students who seek student financial assistance at such institution in accordance with section #dhd2 7,b7 provide a statement that certifies the eligibility of any student to receive a loan under this part that is not in excess of the annual or aggregate limit applicable to such loan1 except that the institution may1 in exceptional circumstances identified by the ,secretary pursuant to section #ded7;a77#a77;,c71 refuse to certify a statement that permits a student to receive a loan under this part1 if the reason for such action is documented and provided in written form to such student2 7,c7 set forth a schedule for disbursement of the proceeds of the loan in installments1 consistent with the requirements of section #dfe7;a72 and 7,d7 provide timely and accurate information1 concerning the status of student borrowers 7and students on whose behalf parents borrow under this part7 while such students are in attendance at the institution and concerning any new information of which the institution becomes aware for such students 7or their parents7 after such borrowers leave the institution1 to the ,secretary for the servicing and collecting of loans made under this part2 7#b7 provide assurances that the institution will comply with requirements established by the ,secretary relating to student loan information with respect to loans made under this part2 7#c7 provide that the institution accepts responsibility and financial liability stemming from its failure to perform its functions pursuant to the agreement2 7#d7 provide for the implementation of a quality assurance system1 as established by the ,secretary and developed in consultation with institutions of higher education1 to ensure that the institution is complying with program requirements and meeting program objectives2 and 7#e7 provide that the institution will not charge any fees of any kind1 however described1 to student or parent borrowers for origination activities or the provision of any information necessary for a student or parent to receive a loan under this part1 or any benefits associated with such loan4 7b7 ,origination ,an agreement with any institution of higher education for the origination of loans under this part shall-- 7#a7 supplement the agreement entered into in accordance with subsection 7a72 7#b7 include provisions established by the ,secretary that are similar to the participation agreement provisions described in paragraphs 7#b71 7#c71 7#d71 and 7#e7 of subsection 7a71 as modified to relate to the origination of loans by the institution2 7#c7 provide that the institution will originate loans to eligible students and parents in accordance with this part2 and 7#d7 provide that the note or evidence of obligation on the loan shall be the property of the ,secretary4 7c7 ,withdrawal procedures 7#a7 ,in general ,an institution of higher education participating in the ,federal ,,one ,loan ,program under this part may withdraw from the program by providing written notice to the ,secretary of the intent to withdraw not less than #fj days before the intended date of withdrawal4 7#b7 ,date of withdrawal ,except in cases in which the ,secretary and an institution of higher education agree to an earlier date1 the date of withdrawal from the ,federal ,,one ,loan ,program under this part of an institution of higher education shall be the later of-- 7,a7 #fj days after the institution submits the notice required under paragraph 7#a72 or 7,b7 a date designated by the institution4 #dfe4 ,disbursement of student loans1 loan limits1 interest rates1 and loan fees 7a7 ,requirements for disbursement of student loans 7#a7 ,multiple disbursement required 7,a7 ,required disbursements ,the proceeds of any loan made under this part that is made for any period of enrollment shall be disbursed as follows3 7i7 ,the disbursement of the first installment of proceeds shall1 with respect to any student other than a student described in subparagraph 7,b77i71 be made not more than #cj days prior to the beginning of the period of enrollment1 and not later than #cj days after the beginning of such period of enrollment4 7ii7 ,the disbursement of an installment of proceeds shall be made in substantially equal monthly or weekly installments over the period of enrollment for which the loan was made1 except that installments may be unequal as necessary to permit the institution to adjust for unequal costs 7which may include upfront costs such as tuition and fees7 incurred or estimated financial assistance received by the student1 or based on the academic progress of the student4 7,b7 ,disbursement of credit balances 7i7 ,type of disbursement ,the credit balances of any loan made under this part that is made for any period of enrollment shall be disbursed by-- 7,i7 an electronic transfer of funds to the borrower's financial account2 7,,ii7 a check for the amount payable to1 and requiring the endorsement of1 the borrower2 7,,iii7 an access device in accordance with clause 7ii72 or 7,,iv7 a cash payment for which the institution obtains a receipt signed by the borrower4 7ii7 ,usage of access device ,an institution may enter into an agreement with a third-party servicer for the delivery of funds awarded under this part in which the third-party servicer provides the borrower with an unvalidated access device for accessing credit balances of any loan if-- 7,i7 the agreement provides that the access device must bear a prominent disclosure informing the borrower that the borrower is not required to use such access device and open such an account in order to access the student's funds under this part2 7,,ii7 the agreement provides that the consent of the borrower is obtained before the access device is validated to enable the student to access the account2 7,,iii7 the agreement provides for the protection of the borrower against fraud2 and 7,,iv7 the institution documents that it has conducted a reasonable due diligence review before entering into the agreement1 and will conduct such a review at least every two years to ensure that-- 7aa7 the fees applicable to such account are1 considered as a whole1 below prevailing market rates2 and 7bb7 the terms and conditions of such account are otherwise consistent with prevailing market terms and conditions4 7,c7 ,first year students 7i7 ,in general ,the first installment of the proceeds of any loan made under this part that is made to a student borrower who is entering the first year of a program of undergraduate education1 and who has not previously obtained a loan under this part1 shall not 7regardless of the amount of such loan or the duration of the period of enrollment7 be presented by the institution of higher education to the student for endorsement until #cj days after the borrower begins a course of study1 but may be delivered to the eligible institution prior to the end of that #cj-;day period4 7ii7 ,exemption ,an institution of higher education in which each educational program has a loan repayment rate 7as determined under section #dha;,b7c77 for the most recent fiscal year for which data are available that is greater than #fj percent shall be exempt from the requirements of clause 7i74 7#b7 ,withdrawing of succeeding disbursements 7,a7 ,withdrawing students ,in the case in which the ,secretary is informed by the borrower or the institution that the borrower has ceased to be enrolled before the disbursement of the second or any succeeding installment1 the ,secretary shall withhold such disbursement4 ,any disbursement which is so withheld shall be credited to the borrower's loan and treated as a prepayment on the principal of the loan4 7,b7 ,students receiving over-awards ,if the sum of a disbursement for any borrower and the other financial aid obtained by borrower exceeds the amount of assistance for which the borrower is eligible under this title1 the institution the borrower1 or dependent student1 in the case of a parent borrower1 is attending shall withhold and return to the ,secretary the portion 7or all7 of such installment that exceeds such eligible amount1 except that overawards permitted pursuant to section #ddc7;b77#d7 shall not be construed to be overawards for purposes of this subparagraph4 ,any portion 7or all7 of a disbursement installment which is so returned shall be credited to the borrower's loan and treated as a prepayment on the principal of the loan4 7#c7 ,exclusion of ,consolidation and ,foreign ,study ,loans ,the provisions of this subsection shall not apply in the case of a ,federal ,,one ,consolidation ,loan1 or a loan made to a student to cover the cost of attendance in a program of study abroad approved by the home eligible institution if each of the educational programs of such home eligible institution has a loan repayment rate 7as calculated under section #dha;,b7c77 for the most recent fiscal year for which data are available of greater than #gj percent4 7#d7 ,beginning of ,period of ,enrollment ,for purposes of this subsection1 a period of enrollment begins on the first day that classes begin for the applicable period of enrollment4 7b7 ,amount of loan 7#a7 ,in general ,the determination of the amount of a loan disbursed by an eligible institution under this section shall be the lesser of-- 7,a7 an amount that is equal to the estimated loan amount1 as determined by the institution by calculating-- 7i7 the estimated cost of attendance at the institution2 minus 7ii7 7,i7 any estimated financial assistance reasonably available to such student1 including assistance that the student will receive from a ,federal grant1 including a ,federal ,pell ,grant1 a ,state grant1 an institutional grant1 or a scholarship or grant from another source1 that is known to the institution at the time the student's determination of need is made2 and 7,,ii7 in the case of a loan to a parent1 the amount of a loan awarded under this part to the parent's child2 or 7,b7 the maximum ,federal loan amount for which such borrower is eligible in accordance with paragraph 7#b74 7#b7 ,loan limits 7,a7 ,annual limits ,except as provided under subparagraph 7,b71 7,c71 or 7,d71 the amount of loans made under this part that an eligible student or parent borrower may borrow for an academic year shall be as follows3 7i7 ,undergraduate students ,with respect to enrollment in a program of undergraduate education at an eligible institution-- 7,i7 in the case of a dependent student-- 7aa7 who has not successfully completed the first year of a program of undergraduate education1 #g1ejj2 7bb7 who has successfully completed such first year but has not successfully completed the remainder of a program of undergraduate education1 #h1ejj2 and 7cc7 who has successfully completed the first and second years of a program of undergraduate education but has not successfully completed the remainder of such program1 #i1ejj2 7,,ii7 in the case of an independent student1 or a dependent student whose parents are unable to borrow a loan under this part on behalf of such student-- 7aa7 who has not successfully completed the first year of a program of undergraduate education1 #aa1ejj2 7bb7 who has successfully completed such first year but has not successfully completed the remainder of a program of undergraduate education1 #ab1ejj2 and 7cc7 who has successfully completed the first and second years of a program of undergraduate education but has not successfully completed the remainder of such program1 #ad1ejj2 and 7,,iii7 in the case of a student who is enrolled in a program of undergraduate education that is less than one academic year1 the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause 7,i7 or 7,,ii71 as applicable1 as the length of such program measured in semester1 trimester1 quarter1 or clock hours bears to one academic year4 7ii7 ,graduate or professional students ,in the case of a graduate or professional student for enrollment in a program of graduate or professional education at an eligible institution1 #bh1ejj4 7iii7 ,parent borrowers ,in the case of a parent borrowing a loan under this part on behalf of a dependent student for the student's enrollment in a program of undergraduate education at an eligible institution1 #ab1ejj per each such student4 7iv7 ,coursework for undergraduate enrollment ,with respect to enrollment in coursework specified in section #dhd7;b77#c77;,b7 necessary for enrollment in an undergraduate degree or certificate program-- 7,i7 in the case of a dependent student1 #b1fbe2 7,,ii7 in the case of a parent borrowing a loan under this part on behalf of a dependent student for the student's enrollment in such coursework1 #f1jjj2 and 7,,iii7 in the case an independent student1 or a dependent student whose parents are unable to borrow a loan under this part on behalf of such student1 #h1fbe4 7v7 ,coursework for graduate or professional enrollment or teacher employment ,with respect to the enrollment of a student who has obtained a baccalaureate degree in coursework specified in section #dhd7;b77#c77;,b7 necessary for enrollment in a graduate or professional degree or certificate program1 or coursework specified in section #dhd7;b77#d77;,b7 necessary for a professional credential or certification from a ,state required for employment as a teacher in an elementary or secondary school1 in the case of a student 7without regard to whether the student is a dependent student or dependent student71 #ab1ejj4 7,b7 ,aggregate limits ,except as provided under subparagraph 7,c71 7,d71 or 7,e71 the maximum aggregate amount of loans under this part and parts ,b and ,d that an eligible student or parent borrower may borrow shall be-- 7i7 for enrollment in a program of undergraduate education at an eligible institution1 including for enrollment in coursework described in clause 7iv7 or 7v7 of subparagraph 7,a7-- 7,i7 in the case of a dependent student1 #ci1jjj2 7,,ii7 in the case of an independent student1 or an dependent student whose parents are unable to receive a loan under this part on behalf of such student1 #fj1bej2 and 7,,iii7 in the case of a parent borrowing a loan under this part on behalf of a dependent student for the student's enrollment in such a program1 #ef1bej per each such student4 7ii7 in the case of a graduate or professional student for enrollment in a program of graduate or professional education at an eligible institution1 #aej1jjj4 7,c7 ,application of limits to borrowers with part ,b or ,d loans 7i7 ,graduate or professional students ,in the case of a graduate or professional student who is not described in subparagraph 7,e7 and who has received loans made under part ,b or ,d for enrollment in a graduate or professional program at an eligible institution1 the total amount of which equal or exceed #bh1ejj as of the time of disbursement1 the student may continue to borrow the amount of loans under this part necessary to complete such program without regard to the aggregate limit under subparagraph 7,b77ii71 except that the-- 7,i7 amount of such loans shall not exceed the annual limits under subparagraph 7,a77ii7 for any academic year beginning after ,june #cj1 #bjai2 and 7,,ii7 authority to borrow loans in accordance with this subclause shall terminate at the end of the academic year ending before ,september #cj1 #bjbd4 7ii7 ,parent borrowers ,in the case of a parent borrower who has received loans made under part ,b or ,d on behalf of a dependent student for the student's enrollment in a program of undergraduate education at an eligible institution1 the total amount of which equal or exceed #ab1ejj for such student as of the time of disbursement1 the parent borrower may continue to borrow the amount of loans under this part necessary for such student to complete such program without regard to the aggregate limit under subparagraph 7,b77i77,,iii71 except that the-- 7,i7 amount of such loans shall not exceed the annual limits under subparagraph 7,a77iii7 for any academic year beginning after ,june #cj1 #bjai2 and 7,,ii7 the authority to borrow loans in accordance with this subclause shall terminate at the end of the academic year ending before ,september #cj1 #bjbd4 7,d7 ,institutional determined limits 7i7 ,in general ,notwithstanding any other provision of this subsection1 an eligible institution 7at the discretion of a financial aid administrator at the institution7 may prorate or limit the amount of a loan any student enrolled in a program of study at that institution may borrow under this part for an academic year-- 7,i7 if the institution1 using the most recently available data from the ,bureau of ,labor ,statistics for the average starting salary in the region in which the institution is located for typical occupations pursued by graduates of such program1 can reasonably demonstrate that student debt levels are or would be excessive for such program2 7,,ii7 in a case in which the student is enrolled on a less than full-time basis or the student is enrolled for less than the period of enrollment to which the annual loan limit applies under this subsection1 based on the student's enrollment status2 7,,iii7 based on the credential level 7such as a degree1 certificate1 or other recognized educational credential7 that the student would attain upon completion of such program2 or 7,,iv7 based on the year of the program for which the student is seeking such loan4 7ii7 ,application to all students ,any proration or limiting of loan amounts under clause 7i7 shall be applied in the same manner to all students enrolled in the institution or program of study4 7iii7 ,increases for ,individual ,students ,upon the request of a student whose loan amount for an academic year has been prorated or limited under clause 7i71 an eligible institution 7at the discretion of the financial aid administrator at the institution7 may increase such loan amount to an amount not exceeding the annual loan amount applicable to such student under this subparagraph for such academic year if such student demonstrates special circumstances or exceptional need4 7,e7 ,increases for certain graduate or professional students 7i7 ,additional annual amounts ,subject to clause 7iii7 of this subparagraph1 in addition to the loan amount for an academic year described in subparagraph 7,a77ii7-- 7,i7 a graduate or professional student who is enrolled in a program of study to become a doctor of allopathic medicine1 doctor of osteopathic medicine1 doctor of dentistry1 doctor of veterinary medicine1 doctor of optometry1 doctor of podiatric medicine1 doctor of naturopathic medicine1 or doctor of naturopathy may borrow an additional-- 7aa7 in the case of a program with a #i-month academic year1 #bj1jjj for an academic year2 or 7bb7 in the case of a program with a #ab-month academic year1 #bf1ffg for an academic year2 and 7,,ii7 a graduate or professional student who is enrolled in a program of study to become a doctor of pharmacy1 doctor of chiropractic medicine1 or a physician's assistant1 or receive a graduate degree in public health1 doctoral degree in clinical psychology1 or a masters or doctoral degree in health administration may borrow an additional-- 7aa7 in the case of a program with a #i-month academic year1 #ab1ejj for an academic year2 or 7bb7 in the case of a program with a #ab-month academic year1 #af1ffg for an academic year4 7ii7 ,aggregate limit ,subject to clause 7iii7 of this subparagraph1 the maximum aggregate amount of loans under this part and parts ,b and ,d that a student described in clause 7i7 may borrow shall be #bce1ejj4 7iii7 ,limitation ,in the case of a graduate or professional student described in clause 7i7 of this subparagraph who has received loans made under part ,b or ,d for enrollment in a graduate or professional program at an eligible institution1 the total amount of which equal or exceed #bh1ejj as of the time of disbursement1 the student may continue to borrow the amount of loans under this part necessary to complete such program without regard to the aggregate limit under clause 7ii7 of this subparagraph1 except that the-- 7,i7 amount of such loans shall not exceed the annual limits under clause 7i7 of this subparagraph for any academic year beginning after ,june #cj1 #bjai2 and 7,,ii7 authority to borrow loans in accordance with this subclause shall terminate at the end of the academic year ending before ,september #cj1 #bjbd4 7c7 ,interest rate provisions for ,federal ,,one ,loans 7#a7 ,undergraduate ,one ,loans ,for ,federal ,,one ,loans issued to undergraduate students1 the applicable rate of interest shall1 for loans disbursed during any #ab-month period beginning on ,july #a and ending on ,june #cj1 be determined on the preceding ,june #a and be equal to the lesser of-- 7,a7 a rate equal to the high yield of the #aj-year ,treasury note auctioned at the final auction held prior to such ,june #a plus #b4je percent2 or 7,b7 #h4be percent4 7#b7 ,graduate and ,professional ,one ,loans ,for ,federal ,,one ,loans issued to graduate or professional students1 the applicable rate of interest shall1 for loans disbursed during any #ab-month period beginning on ,july #a and ending on ,june #cj1 be determined on the preceding ,june #a and be equal to the lesser of-- 7,a7 a rate equal to the high yield of the #aj-year ,treasury note auctioned at the final auction held prior to such ,june #a plus #c4f percent2 or 7,b7 #i4e percent4 7#c7 ,parent ,one ,loans ,for ,federal ,,one ,parent ,loans1 the applicable rate of interest shall1 for loans disbursed during any #ab-month period beginning on ,july #a and ending on ,june #cj1 be determined on the preceding ,june #a and be equal to the lesser of-- 7,a7 a rate equal to the high yield of the #aj-year ,treasury note auctioned at the final auction held prior to such ,june #a plus #d4f percent2 or 7,b7 #aj4e percent4 7#d7 ,consolidation ,loans ,any ,federal ,,one ,consolidation ,loan for which the application is received on or after ,july #a1 #bjai1 shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to the weighted average of the interest rates on the loans consolidated1 rounded to the nearest higher one-eighth of one percent4 7#e7 ,publication ,the ,secretary shall determine the applicable rates of interest under this subsection after consultation with the ,secretary of the ,treasury and shall publish such rate in the ,federal ,register as soon as practicable after the date of determination4 7#f7 ,rate ,the applicable rate of interest determined under this subsection for a loan under this part shall be fixed for the period of the loan4 7d7 ,prohibition on certain repayment incentives ,notwithstanding any other provision of this part1 the ,secretary is prohibited from authorizing or providing any repayment incentive or subsidy not otherwise authorized under this part to encourage on-time repayment of a loan under this part1 including any reduction in the interest paid by a borrower of such a loan1 except that the ,secretary may provide for an interest rate reduction of not more than #j4be percentage points for a borrower who agrees to have payments on such a loan automatically debited from a bank account4 7e7 ,loan fee ,the ,secretary shall not charge the borrower of a loan made under this part an origination fee4 7f7 ,armed forces student loan interest payment program 7#a7 ,authority ,using funds received by transfer to the ,secretary under section #bagd of title #aj1 ,united ,states ,code1 for the payment of interest on a loan made under this part to a member of the ,armed ,forces1 the ,secretary shall pay the interest on the loan as due for a period not in excess of #cf consecutive months4 ,the ,secretary may not pay interest on such a loan out of any funds other than funds that have been so transferred4 7#b7 ,deferment ,during the period in which the ,secretary is making payments on a loan under paragraph 7#a71 the ,secretary shall grant the borrower administrative deferment1 in the form of a temporary cessation of all payments on the loan other than the payments of interest on the loan that are made under that paragraph4 7g7 ,no accrual of interest for active duty service members 7#a7 ,in ,general ,notwithstanding any other provision of this part and in accordance with paragraphs 7#b7 and 7#d71 interest shall not accrue for an eligible military borrower on a loan made under this part4 7#b7 ,consolidation loans ,in the case of any consolidation loan made under this part1 interest shall not accrue pursuant to this subsection only on such portion of such loan as was used to repay a loan made under this part or a loan made under part ,d for which the first disbursement was made on or after ,october #a1 #bjjh1 and before ,july #a1 #bjai4 7#c7 ,eligible military borrower ,in this subsection1 the term eligible military borrower means an individual who-- 7,a7 7i7 is serving on active duty during a war or other military operation or national emergency2 or 7ii7 is performing qualifying ,national ,guard duty during a war or other military operation or national emergency2 and 7,b7 is serving in an area of hostilities in which service qualifies for special pay under section #caj of title #cg1 ,united ,states ,code4 7#d7 ,limitation ,an individual who qualifies as an eligible military borrower under this subsection may receive the benefit of this subsection for not more than #fj months4 #dff4 ,repayment 7a7 ,repayment period2 commencement of repayment 7#a7 ,repayment period 7,a7 ,in general ,in the case of a ,federal ,,one ,loan 7other than a ,federal ,,one ,consolidation ,loan or a ,federal ,,one ,parent ,loan7-- 7i7 subject to clause 7ii71 the repayment period shall-- 7,i7 exclude any period of authorized deferment under section #dfi;,a2 and 7,,ii7 begin the day after #f months after the date the student ceases to carry at least one-half the normal full-time academic workload 7as determined by the institution72 and 7ii7 interest shall begin to accrue or be paid by the borrower on the day the loan is disbursed4 7,b7 ,consolidation and ,parent ,loans ,in the case of a ,federal ,,one ,consolidation ,loan or a ,federal ,,one ,parent ,loan1 the repayment period shall-- 7i7 exclude any period of authorized deferment2 and 7ii7 begin-- 7,i7 on the day the loan is disbursed2 or 7,,ii7 if the loan is disbursed in multiple installments1 on the day of the last such disbursement4 7,c7 ,active duty exclusion ,there shall be excluded from the #f-month period that begins on the date on which a student ceases to carry at least one-half the normal full-time academic workload as described in subparagraph 7,a7 any period not to exceed #c years during which a borrower who is a member of a reserve component of the ,armed ,forces named in section #ajaja of title #aj1 ,united ,states ,code1 is called or ordered to active duty for a period of more than #cj days 7as defined in section #aja7;d77#b7 of such title74 ,such period of exclusion shall include the period necessary to resume enrollment at the borrower's next available regular enrollment period4 7#b7 ,payment of ,principal and ,interest 7,a7 ,commencement of repayment ,repayment of principal on loans made under this part shall begin at the beginning of the repayment period described in paragraph 7#a74 7,b7 ,capitalization of interest 7i7 ,in general ,interest on loans made under this part for which payments of principal are not required during the #f-month period described in paragraph 7#a77;,a77i77,,ii7 or for which payments are deferred under section #dfi;,a shall-- 7,i7 be paid monthly or quarterly2 or 7,,ii7 be added to the principal amount of the loan only-- 7aa7 when the loan enters repayment2 7bb7 at the expiration of a the #f-month period described in paragraph 7#a77;,a77i77,,ii72 7cc7 at the expiration of a period of deferment1 unless otherwise exempted2 or 7dd7 when the borrower defaults4 7ii7 ,maximum aggregate limit ,interest capitalized shall not be deemed to exceed the amount equal to the maximum aggregate limit of the loan under section #dfe7;b74 7,c7 ,notice ,not less than #fj days1 and again not less than #cj days1 prior to the anticipated commencement of the repayment period for a ,federal ,,one ,loan1 the ,secretary shall provide notice to the borrower-- 7i7 that interest will accrue before repayment begins2 7ii7 that interest will be added to the principal amount of the loan in the cases described in subparagraph 7,b77i77,,ii72 and 7iii7 of the borrower's option to begin loan repayment prior to such repayment period4 7b7 ,repayment amount 7#a7 ,in general ,the total of the payments by a borrower1 except as otherwise provided by an income-based repayment plan under subsection 7d71 during any year of any repayment period with respect to the aggregate amount of all loans made under this part to the borrower shall not 7unless the borrower and the ,secretary otherwise agree71 be less than #fjj or the balance of all such loans 7together with interest thereon71 whichever amount is less 7but in no instance less than the amount of interest due and payable1 notwithstanding any repayment plan described in subsection 7c774 7#b7 ,amortization 7,a7 ,interest rate ,the amount of the periodic payment and the repayment schedule for a loan made under this part shall be established by assuming an interest rate equal to the applicable rate of interest at the time of the first disbursement of the loan4 7,b7 ,adjustment to repayment amount ,the note or other written evidence of a loan under this part shall require that the amount of the periodic payment will be adjusted annually in order to reflect adjustments in-- 7i7 interest rates occurring as a consequence of variable rate loans under parts ,b or ,d paid in conjunction with ,federal ,,one ,loans under subsection 7d77#a77;,b77i72 or 7ii7 principal occurring as a consequence of interest capitalization under subsection 7a77#b77;,b74 7c7 ,repayment plans 7#a7 ,design and selection ,not more than #f months prior to the date on which a borrower's first payment on a loan made under this part is due1 the ,secretary shall offer the borrower two plans for repayment of such loan1 including principal and interest on the loan4 ,the borrower shall be entitled to accelerate1 without penalty1 repayment on the borrower's loans under this part4 ,the borrower may choose-- 7,a7 a standard repayment plan with a fixed monthly repayment amount paid over a fixed period of time1 not to exceed #aj years2 or 7,b7 an income-based repayment plan under subsection 7d74 7#b7 ,selection by secretary ,if a borrower of a loan made under this part does not select a repayment plan described in paragraph 7#a71 the ,secretary shall provide the borrower with the repayment plan described in paragraph 7#a77;,a74 7#c7 ,changes in selections 7,a7 ,in general ,subject to subparagraph 7,b71 the borrower of a loan made under this part may change the borrower's selection of a repayment plan under paragraph 7#a71 or the ,secretary's selection of a plan for the borrower under paragraph 7#b71 as the case may be1 under such terms and conditions as may be established by the ,secretary1 except that the ,secretary may not establish any terms or conditions with respect to whether a borrower may change the borrower's repayment plan4 ,nothing in this subsection shall prohibit the ,secretary from encouraging struggling borrowers from enrolling in the income-driven repayment plan described in section #dff7;d74 7,b7 ,same repayment plan required ,all loans made under this part to a borrower shall be repaid under the same repayment plan under paragraph 7#a71 except that the borrower may repay a ,federal ,,one ,parent ,loan or an ,excepted ,federal ,,one ,consolidation ,loan 7as defined in subsection 7d77#e77 separately from other loans made under this part to the borrower4 7#d7 ,repayment after default ,the ,secretary may require any borrower who has defaulted on a loan made under this part to-- 7,a7 pay all reasonable collection costs associated with such loan2 and 7,b7 repay the loan pursuant to the income-based repayment plan under subsection 7d74 7#e7 ,repayment period ,for purposes of calculating the repayment period under this subsection1 such period shall commence at the time the first payment of principal is due from the borrower4 7#f7 ,installments ,repayment of loans under this part shall be in installments in accordance with the repayment plan selected under paragraph 7#a7 and commencing at the beginning of the repayment period determined under paragraph 7#e74 7d7 ,income-based repayment program 7#a7 ,in general ,notwithstanding any other provision of this ,act1 the ,secretary shall carry out a program under which-- 7,a7 a borrower of any loan made under this part 7other than a ,federal ,,one ,parent ,loan or an ,excepted ,federal ,,one ,consolidation ,loan7 may elect to have the borrower's aggregate monthly payment for all such loans-- 7i7 not to exceed the result obtained by dividing by #ab1 #ae percent of the result obtained by calculating1 on at least an annual basis1 the amount by which-- 7,i7 the adjusted gross income of the borrower or1 if the borrower is married and files a ,federal income tax return jointly with or separately from the borrower's spouse1 the adjusted gross income of the borrower and the borrower's spouse2 exceeds 7,,ii7 #aej percent of the poverty line applicable to the borrower's family size as determined under section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b772 and 7ii7 not to be less than #be2 7,b7 the ,secretary adjusts the calculated monthly payment under subparagraph 7,a71 if-- 7i7 in addition to the loans described in subparagraph 7,a71 the borrower has an outstanding loan made under part ,b or ,d 7other than an excepted parent loan or an excepted consolidation loan1 as such terms are defined in section #dic;,c7a771 by determining the borrower's adjusted monthly payment by multiplying-- 7,i7 the calculated monthly payment1 by 7,,ii7 the percentage of the total outstanding principal amount of the borrower's loans described in the matter preceding subclause 7,i71 which are described in subparagraph 7,a72 7ii7 the borrower and borrower's spouse have loans described in subparagraph 7,a7 and outstanding loans under part ,b or ,d 7other than an excepted parent loan or an excepted consolidation loan1 as such terms are defined in section #dic;,c7a77 and have filed a joint or separate ,federal income tax return1 in which case the ,secretary determines-- 7,i7 each borrower's percentage of the couple's total outstanding amount of principal on such loans2 7,,ii7 the adjusted monthly payment for each borrower by multiplying the borrower's calculated monthly payment by the percentage determined under subclause 7,i7 applicable to the borrower2 and 7,,iii7 if the borrower's loans are held by multiple holders1 the borrower's adjusted monthly payment for loans described in subparagraph 7,a7 by multiplying the adjusted monthly payment determined under subclause 7,,ii7 by the percentage of the total outstanding principal amount of the borrower's loans described in the matter preceding subclause 7,i71 which are described in subparagraph 7,a72 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 principal due and not paid under subparagraph 7,c7 shall be deferred2 7,e7 any interest due and not paid under subparagraph 7,c7 shall be capitalized1 at the time the borrower-- 7i7 ends the election to make income-based repayment under this subsection2 or 7ii7 begins making payments of not less than the amount specified in subparagraph 7,g77i72 7,f7 the amount of time the borrower makes monthly payments under subparagraph 7,a7 may exceed #aj years2 7,g7 if the borrower no longer wishes to continue the election under this subsection1 then-- 7i7 the maximum monthly payment required to be paid for all loans made to the borrower under this part 7other than a ,federal ,,one ,parent ,loan or an ,excepted ,federal ,,one ,consolidation ,loan7 shall not exceed the monthly amount calculated under subsection 7c77#a77;,a71 based on a #aj-year repayment period1 when the borrower first made the election described in this subsection2 and 7ii7 the amount of time the borrower is permitted to repay such loans may exceed #aj years2 7,h7 the ,secretary shall cancel any outstanding balance 7other than an amount equal to the interest accrued during any period of in-school deferment under subparagraph 7,a71 7,b71 or 7,f7 of section #dfi;,a7b77#a77 due on all loans made under this part 7other than a ,federal ,,one ,parent ,loan or an ,excepted ,federal ,,one ,consolidation ,loan7 to a borrower-- 7i7 who1 at any time1 elected to participate in income-based repayment under subparagraph 7,a72 7ii7 whose final monthly payment for such loans prior to the loan cancellation under this subparagraph was made under such income-based repayment2 and 7iii7 who has repaid1 pursuant to income-based repayment under subparagraph 7,a71 a standard repayment plan under subsection 7c77#a77;,a71 or a combination-- 7,i7 an amount on such loans that is equal to the total amount of principal and interest that the borrower would have repaid under a standard repayment plan under subsection 7c77#a77;,a71 based on a #aj-year repayment period1 when the borrower entered repayment on such loans2 and 7,,ii7 the amount of interest that accrues during a period of deferment described in section #dfi;,a prior to the completion of the repayment period described in subclause 7,i7 on the portion of such loans remaining to be repaid in accordance with such subclause2 and 7,i7 a borrower who is repaying a loan made under this part pursuant to income-based repayment under subparagraph 7,a7 may elect1 at any time during the #aj-year period beginning on the date the borrower entered repayment on the loan1 to terminate repayment pursuant to such income-based repayment and repay such loan under the standard repayment plan4 7#b7 ,eligibility determinations 7,a7 ,in general ,the ,secretary shall establish procedures for annual verification of a borrower's annual income and the annual amount due on the total amount of loans made under this part 7other than a ,federal ,,one ,parent ,loan or an ,excepted ,federal ,,one ,consolidation ,loan71 and such other procedures as are necessary to implement effectively income-based repayment under this subsection1 including the procedures established with respect to section #dic;,c4 7,b7 ,income information ,the ,secretary may obtain such information as is reasonably necessary regarding the income of a borrower 7and the borrower's spouse1 if applicable7 of a loan made under this part that is1 or may be1 repaid pursuant to income-based repayment under this subsection1 for the purpose of determining the annual repayment obligation of the borrower4 ,the ,secretary shall establish procedures for determining the borrower's repayment obligation on that loan for such year1 and such other procedures as are necessary to implement effectively the income-based repayment under this subsection4 7,c7 ,borrower requirements ,a borrower who chooses to repay a loan made under this part pursuant to income-based repayment under this subsection1 and-- 7i7 for whom adjusted gross income is available and reasonably reflects the borrower's current income1 shall1 to the maximum extent practicable1 provide to the ,secretary the ,federal tax information of the borrower2 and 7ii7 for whom adjusted gross income is unavailable or does not reasonably reflect the borrower's current income1 shall provide to the ,secretary other documentation of income satisfactory to the ,secretary1 which documentation the ,secretary may use to determine an appropriate repayment schedule4 7#c7 ,notification to borrowers ,the ,secretary shall establish procedures under which a borrower of a loan made under this part who chooses to repay such loan pursuant to income-based repayment under this subsection is notified of the terms and conditions of such plan1 including notification that if a borrower considers that special circumstances1 such as a loss of employment by the borrower or the borrower's spouse1 warrant an adjustment in the borrower's loan repayment as determined using the borrower's ,federal tax return information1 or the alternative documentation described in paragraph 7#b77;,c71 the borrower may contact the ,secretary1 who shall determine whether such adjustment is appropriate1 in accordance with criteria established by the ,secretary4 7#d7 ,reduced payment periods 7,a7 ,in general ,the ,secretary shall authorize borrowers meeting the criteria under subparagraph 7,b7 to make monthly payments of #e for a period not in excess of #c years1 except that-- 7i7 for purposes of subparagraph 7,b77i71 the ,secretary may authorize reduced payments in #f-month increments1 beginning on the date the borrower provides to the ,secretary the evidence described in subclause 7,i7 or 7,,ii7 of subparagraph 7,b77i72 and 7ii7 for purposes of subparagraph 7,b77ii71 the ,secretary may authorize reduced payments in #c-month increments1 beginning on the date the borrower provides to the ,secretary the evidence described in subparagraph 7,b77ii77,i74 7,b7 ,eligibility determinations ,the ,secretary shall authorize borrowers to make reduced payments under this paragraph in the following circumstances3 7i7 ,in a case of borrower who is seeking and unable to find full-time employment1 as demonstrated by providing to the ,secretary-- 7,i7 evidence of the borrower's eligibility for unemployment benefits to the ,secretary2 or 7,,ii7 a written certification or an equivalent that-- 7aa7 the borrower has registered with a public or private employment agency that is available to the borrower within a #ej-mile radius of the borrower's home address2 and 7bb7 in the case of a borrower that has been granted a request under this subparagraph1 the borrower has made at least six diligent attempts during the preceding six-month period to secure full-time employment4 7ii7 ,the ,secretary determines that1 due to high medical expenses1 the #be monthly payment the borrower would otherwise make would be an extreme economic hardship to the borrower1 if-- 7,i7 the borrower documents the reason why the #be minimum payment is an extreme economic hardship2 and 7,,ii7 the borrower recertifies the reason for the #e minimum payment on a three-month basis4 7,c7 ,definition ,for purpose of this section1 the term full-time employment means employment that will provide not less than #cj hours of work a week and is expected to continue for a period of not less than #c months4 7#e7 ,definitions ,in this subsection3 7,a7 ,adjusted gross income ,the term adjusted gross income has the meaning given the term in section #fb of the ,internal ,revenue ,code of #aihf4 7,b7 ,excepted ,federal ,,one ,consolidation ,loan ,the term ,excepted ,federal ,,one ,consolidation ,loan means a ,federal ,,one ,consolidation ,loan if the proceeds of such loan were used to discharge the liability on-- 7i7 a ,federal ,,one ,parent ,loan2 7ii7 a ,federal ,direct ,,plus ,loan1 or a loan under section #dbh;,b1 that is made1 insured1 or guaranteed on behalf of a dependent student2 7iii7 an excepted consolidation loan 7defined in section #dic;,c72 or 7iv7 a ,federal ,,one ,consolidation loan that was used to discharge the liability on a loan described in clause 7i71 7ii71 or 7iii74 7e7 ,rules of construction ,nothing in this section shall be construed to authorize1 with respect to loans made under this part-- 7#a7 eligibility for a repayment plan that is not described in subsection 7c77#a7 or section #dfh7;c72 or 7#b7 the ,secretary to-- 7,a7 carry out a repayment plan1 which is not described in subsection 7c77#a7 or section #dfh7;c72 or 7,b7 modify a repayment plan that is described in subsection 7c77#a7 or section #dfh7;c74 #dfg4 ,federal ,,one ,parent ,loans 7a7 ,authority ,to ,borrow 7#a7 ,authority and eligibility ,the parent of a dependent student shall be eligible to borrow funds under this section in amounts specified in subsection 7b71 if-- 7,a7 the parent is borrowing to pay for the educational costs of a dependent student who meets the requirements for an eligible student under section #dhd7;a72 7,b7 the parent meets the applicable requirements concerning defaults and overpayments that apply to a student borrower2 7,c7 the parent complies with the requirements for submission of a statement of educational purpose that apply to a student borrower under section #dhd7;a77#d77;,a7 7other than the completion of a statement of selective service registration status72 7,d7 the parent meets the requirements that apply to a student under section #dcg7;a72 7,e7 the parent-- 7i7 does not have an adverse credit history2 or 7ii7 has an adverse credit history1 but has-- 7,i7 obtained an endorser who does not have an adverse credit history or documented to the satisfaction of the ,secretary that extenuating circumstances exist in accordance with paragraph 7#d77;,d72 and 7,,ii7 completed ,federal ,,one ,parent ,loan counseling offered by the ,secretary2 and 7,f7 in the case of a parent who has been convicted of1 or has pled nolo contendere or guilty to1 a crime involving fraud in obtaining funds under this title1 such parent has completed the repayment of such funds to the ,secretary1 or to the holder in the case of a loan under this title obtained by fraud4 7#b7 ,terms1 conditions1 and benefits ,except as provided in subsections 7c71 7d71 and 7e71 loans made under this section shall have the same terms1 conditions1 and benefits as all other loans made under this part4 7#c7 ,parent borrowers 7,a7 ,definition ,for purposes of this section1 the term parent includes a student's biological or adoptive mother or father or the student's stepparent1 if the biological parent or adoptive mother or father has remarried at the time of filing the common financial reporting form under section #dhc7;a71 and that spouse's income and assets would have been taken into account when calculating the student's expected family contribution4 7,b7 ,clarification ,whenever necessary to carry out the provisions of this section1 the terms student and borrower as used in this part shall include a parent borrower under this section4 7#d7 ,adverse credit history definitions and adjustments 7,a7 ,definitions ,for purposes of this section3 7i7 ,in general ,the term adverse credit history1 when used with respect to a borrower1 means that the borrower-- 7,i7 has one or more debts with a total combined outstanding balance equal to or greater than #b1jhe1 as may be adjusted by the ,secretary in accordance with subparagraph 7,b71 that-- 7aa7 are #ij or more days delinquent as of the date of the credit report2 or 7bb7 have been placed in collection or charged off during the two years preceding the date of the credit report2 or 7,,ii7 has been the subject of a default determination1 bankruptcy discharge1 foreclosure1 repossession1 tax lien1 wage garnishment1 or write-off of a debt under this title during the #e years preceding the date of the credit report4 7ii7 ,charged off ,the term charged off means a debt that a creditor has written off as a loss1 but that is still subject to collection action4 7iii7 ,in collection ,the term in collection means a debt that has been placed with a collection agency by a creditor or that is subject to more intensive efforts by a creditor to recover amounts owed from a borrower who has not responded satisfactorily to the demands routinely made as part of the creditor's billing procedures4 7,b7 ,adjustments 7i7 ,in general ,in a case of a borrower with a debt amount described in subparagraph 7,a77i71 the ,secretary shall increase such debt amount1 or its inflation-adjusted equivalent1 if the ,secretary determines that an inflation adjustment to such debt amount would result in an increase of #ajj or more to such debt amount4 7ii7 ,inflation adjustment ,in making the inflation adjustment under clause 7i71 the ,secretary shall-- 7,i7 use the annual average percent change of the ,all ,items ,consumer ,price ,index for ,all ,urban ,consumers1 before seasonal adjustment1 as the measurement of inflation2 and 7,,ii7 if the adjustment calculated under subclause 7,i7 is equal to or greater than #ajj-- 7aa7 add the adjustment to the debt amount1 or its inflation-adjusted equivalent2 and 7bb7 round up to the nearest #e4 7iii7 ,publication ,the ,secretary shall publish a notice in the ,federal ,register announcing any increase to the threshold amount specified in subparagraph 7,a77i77,i74 7,c7 ,treatment of absence of credit history ,for purposes of this section1 the ,secretary shall not consider the absence of a credit history as an adverse credit history and shall not deny a ,federal ,,one ,parent loan on that basis4 7,d7 ,extenuating circumstances ,for purposes of this section1 the ,secretary may determine that extenuating circumstances exist based on documentation that may include-- 7i7 an updated credit report for the parent2 or 7ii7 a statement from the creditor that the parent has repaid or made satisfactory arrangements to repay a debt that was considered in determining that the parent has an adverse credit history 7b7 ,limitation based on need ,any loan under this section may be counted as part of the expected family contribution in the determination of need under this title1 but no loan may be made to any parent under this section for any academic year in excess of the lesser of-- 7#a7 the student's estimated cost of attendance minus the student's estimated financial assistance 7as calculated under section #dfe7;b77#a77;,a772 or 7#b7 the established annual loan limits for such loan under section #dfe7;b74 7c7 ,parent ,loan ,disbursement ,all loans made under this section shall be disbursed in accordance with the requirements of section #dfe7;a7 and shall be disbursed by-- 7#a7 an electronic transfer of funds from the lender to the eligible institution2 or 7#b7 a check copayable to the eligible institution and the parent borrower4 7d7 ,payment of ,principal and ,interest 7#a7 ,commencement of repayment ,repayment of principal on loans made under this section shall commence not later than #fj days after the date such loan is disbursed by the ,secretary1 subject to deferral-- 7,a7 during any period during which the parent borrower meets the conditions required for a deferral under section #dfi;,a2 and 7,b7 upon the request of the parent borrower1 during the #f-month period beginning1 if the parent borrower is also a student1 the day after the date such parent borrower ceases to carry at least one-half such a workload4 7#b7 ,maximum repayment period ,the maximum repayment period for a loan made under this section shall be a #aj-year period beginning on the commencement of such period described in paragraph 7#a74 7#c7 ,capitalization of interest ,interest on loans made under this section for which payments of principal are deferred pursuant to paragraph 7#a7 shall1 if agreed upon by the borrower and the ,secretary-- 7,a7 be paid monthly or quarterly2 or 7,b7 be added to the principal amount of the loan not more frequently than quarterly by the ,secretary4 7#d7 ,applicable rates of interest ,interest on loans made pursuant to this section shall be at the applicable rate of interest provided in section #dfe7;c77#c7 for loans made under this section4 7#e7 ,amortization ,section #dff7;b77#b7 shall apply to each loan made under this section4 7e7 ,verification of ,immigration ,status and ,social ,security ,number ,a parent who wishes to borrow funds under this section shall be subject to verification of the parent's-- 7#a7 immigration status in the same manner as immigration status is verified for students under section #dhd7;g72 and 7#b7 social security number in the same manner as social security numbers are verified for students under section #dhd7p74 7f7 ,designation ,for purposes of this ,act1 the ,federal ,,one ,loans described in this section shall be known as ,federal ,,one ,parent ,loans4 #dfh4 ,federal ,,one ,consolidation ,loans 7a7 ,terms and conditions ,in making consolidation loans under this section1 the ,secretary shall-- 7#a7 not make such a loan to an eligible borrower1 unless the ,secretary has determined1 in accordance with reasonable and prudent business practices1 for each loan being consolidated1 that the loan-- 7,a7 is a legal1 valid1 and binding obligation of the borrower2 and 7,b7 was made and serviced in compliance with applicable laws and regulations2 7#b7 ensure that each consolidation loan made under this section will bear interest1 and be subject to repayment1 in accordance with subsection 7c71 except as otherwise provided under subsections 7f7 and 7g7 of section #dfe2 7#c7 ensure that each consolidation loan will be made1 notwithstanding any other provision of this part limiting the annual or aggregate principal amount for all loans made to a borrower1 in an amount which is equal to the sum of the unpaid principal and accrued unpaid interest and late charges of all eligible student loans received by the eligible borrower which are selected by the borrower for consolidation2 7#d7 ensure that the proceeds of each consolidation loan will be paid by the ,secretary to the holder or holders of the loans so selected to discharge the liability on such loans2 7#e7 disclose to a prospective borrower1 in simple and understandable terms1 at the time the ,secretary provides an application for a consolidation loan-- 7,a7 with respect to a loan made1 insured1 or guaranteed under this part1 part ,b1 or part ,d1 that if a borrower includes such a loan in the consolidation loan-- 7i7 that the consolidation would result in a loss of loan benefits2 and 7ii7 which specific loan benefits the borrower would lose1 including the loss of eligibility for loan forgiveness 7including loss of eligibility for interest rate forgiveness71 cancellation1 deferment1 forbearance1 interest-free periods1 or loan repayment programs that would have been available for such a loan2 and 7,b7 with respect to ,federal ,perkins ,loans under this part 7as this part was in effect on the day before the date of enactment of the ,,prosper ,act7-- 7i7 that if a borrower includes such a ,federal ,perkins ,loan in the consolidation loan1 the borrower will lose all interest-free periods that would have been available for the ,federal ,perkins ,loan1 such as-- 7,i7 the periods during which no interest accrues on such loan while the borrower is enrolled in an institution of higher education at least half-time2 7,,ii7 the grace period under section #dfd7;c77#a77;,a7 7as such section was in effect on the day before the date of enactment of the ,,prosper ,act72 and 7,,iii7 the periods during which the borrower's student loan repayments are deferred under section #dfd7;c77#b7 7as such section was in effect on the day before the date of enactment of the ,,prosper ,act72 and 7ii7 that if a borrower includes such a ,federal ,perkins ,loan in the consolidation loan1 the borrower will no longer be eligible for cancellation of part or all of the ,federal ,perkins ,loan under section #dfe7;a7 7as such section was in effect on the day before the date of enactment of the ,,prosper ,act72 and 7iii7 the occupations listed in section #dfe that qualify for ,federal ,perkins ,loan cancellation under section #dfe7;a7 7as such section was in effect on the day before the date of enactment of the ,,prosper ,act72 7,c7 the repayment plans that are available to the borrower under section 7c72 7,d7 the options of the borrower to prepay the consolidation loan1 to pay such loan on a shorter schedule1 and to change repayment plans2 7,e7 the consequences of default on the consolidation loan2 and 7,f7 that by applying for a consolidation loan1 the borrower is not obligated to agree to take the consolidation loan2 and 7#f7 not make such a loan to an eligible borrower1 unless-- 7,a7 the borrower has agreed to notify the ,secretary promptly concerning any change of address2 and 7,b7 the loan is evidenced by a note or other written agreement which-- 7i7 is made without security and without endorsement1 except that if-- 7,i7 the borrower is a minor and such note or other written agreement executed by him or her would not1 under applicable law1 create a binding obligation1 endorsement may be required2 or 7,,ii7 the borrower desires to include in the consolidation loan1 a ,federal ,,one ,parent ,loan1 or a loan under section #dbh;,b1 or a ,federal ,direct ,,plus loan1 made on behalf of a dependent student1 endorsement shall be required2 7ii7 provides for the payment of interest and the repayment of principal as described in paragraph 7#b72 7iii7 provides that during any period for which the borrower would be eligible for a deferral under section #dfi;,a1 which period shall not be included in determining the repayment schedule pursuant to subsection 7c7-- 7,i7 periodic installments of principal need not be paid1 but interest shall accrue and be paid by the borrower or be capitalized2 and 7,,ii7 except as otherwise provided under subsections 7f7 and 7g7 of section #dfe1 the ,secretary shall not pay interest on any portion of the consolidation loan1 without regard to whether the portion repays ,federal ,stafford ,loans for which the student borrower received an interest subsidy under section #dbh or ,federal ,direct ,stafford ,loans for which the borrower received an interest subsidy under section #dee2 7iv7 entitles the borrower to accelerate without penalty repayment of the whole or any part of the loan2 and 7v7 contains a notice of the system of disclosure concerning such loan to consumer reporting agencies under section #dcj;,a1 and provides that the ,secretary on request of the borrower will provide information on the repayment status of the note to such consumer reporting agencies4 7b7 ,nondiscrimination in ,loan ,consolidation ,the ,secretary shall not discriminate against any borrower seeking a loan under this section-- 7#a7 based on the number or type of eligible student loans the borrower seeks to consolidate2 7#b7 based on the type or category of institution of higher education that the borrower attended2 7#c7 based on the interest rate to be charged to the borrower with respect to the consolidation loan2 or 7#d7 with respect to the types of repayment schedules offered to such borrower4 7c7 ,payment of ,principal and ,interest 7#a7 ,repayment schedules 7,a7 ,establishment 7i7 ,in general ,notwithstanding any other provision of this part1 the ,secretary shall-- 7,i7 establish repayment terms as will promote the objectives of this section2 and 7,,ii7 provide a borrower with the option of the standard-repayment plan or income-based repayment plan under section #dff7;d7 in lieu of such repayment terms4 7ii7 ,schedule terms ,the repayment terms established under clause 7i77,i7 shall require that if the sum of the consolidation loan and the amount outstanding on other eligible student loans to the individual-- 7,i7 is less than #g1ejj1 then such consolidation loan shall be repaid in not more than #aj years2 7,,ii7 is equal to or greater than #g1ejj but less than #aj1jjj1 then such consolidation loan shall be repaid in not more than #ab years2 7,,iii7 is equal to or greater than #aj1jjj but less than #bj1jjj1 then such consolidation loan shall be repaid in not more than #ae years2 7,,iv7 is equal to or greater than #bj1jjj but less than #dj1jjj1 then such consolidation loan shall be repaid in not more than #bj years2 7,v7 is equal to or greater than #dj1jjj but less than #fj1jjj1 then such consolidation loan shall be repaid in not more than #be years2 or 7,,vi7 is equal to or greater than #fj1jjj1 then such consolidation loan shall be repaid in not more than #cj years4 7,b7 ,limitation ,the amount outstanding on other eligible student loans which may be counted for the purpose of subparagraph 7,a7 may not exceed the amount of the consolidation loan4 7#b7 ,additional repayment requirements ,notwithstanding paragraph 7#a7-- 7,a7 except in the case of an income-based repayment schedule under section #dff7;d71 a repayment schedule established with respect to a consolidation loan shall require that the minimum installment payment be an amount equal to not less than the accrued unpaid interest2 and 7,b7 an income-based repayment schedule under section #dff7;d7 shall not be available to a consolidation loan borrower who-- 7i7 used the proceeds of a ,federal ,,one ,consolidation loan to discharge the liability-- 7,i7 on a loan under section #dbh;,b made on behalf of a dependent student2 7,,ii7 a ,federal ,direct ,,plus loan made on behalf of a dependent student2 7,,iii7 a ,federal ,,one ,parent loan2 or 7,,iv7 an excepted consolidation loan 7defined in section #dic;,c72 or 7ii7 used the proceeds of a subsequent ,federal ,,one ,consolidation loan to discharge the liability on a ,federal ,,one ,consolidation loan described in clause 7i74 7#c7 ,commencement of repayment ,repayment of a consolidation loan shall commence within #fj days after all holders have1 pursuant to subsection 7a77#d71 discharged the liability of the borrower on the loans selected for consolidation4 7#d7 ,interest rate ,a consolidation loan made under this section shall bear interest at an annual rate described in section #dfe7;c77#d74 7d7 ,insurance rule ,any insurance premium paid by the borrower under subpart ,i of part ,a of title ,,vii of the ,public ,health ,service ,act with respect to a loan made under that subpart and consolidated under this section shall be retained by the student loan insurance account established under section #gaj of the ,public ,health ,service ,act4 7e7 ,definitions ,for the purpose of this section3 7#a7 ,eligible borrower 7,a7 ,in general ,the term eligible borrower means a borrower who-- 7i7 is not subject to a judgment secured through litigation with respect to a loan under this title or to an order for wage garnishment under section #dhh;,a2 and 7ii7 at the time of application for a consolidation loan-- 7,i7 is in repayment status as determined under section #dff7;a77#a72 7,,ii7 is in a grace period preceding repayment2 or 7,,iii7 is a defaulted borrower who has made arrangements to repay the obligation on the defaulted loans satisfactory to the holders of the defaulted loans4 7,b7 ,termination of status as an eligible borrower ,an individual's status as an eligible borrower under this section terminates upon receipt of a consolidation loan under this section1 except that-- 7i7 an individual who receives eligible student loans after the date of receipt of the consolidation loan may receive a subsequent consolidation loan2 7ii7 loans received prior to the date of the consolidation loan may be added during the #ahj-;day period following the making of the consolidation loan2 7iii7 loans received following the making of the consolidation loan may be added during the #ahj-;day period following the making of the consolidation loan2 7iv7 loans received prior to the date of the first consolidation loan may be added to a subsequent consolidation loan2 and 7v7 an individual may obtain a subsequent consolidation loan for the purpose-- 7,i7 of income-based repayment under section #dff7;d7 only if the loan has been submitted for default aversion or if the loan is already in default2 7,,ii7 of using the no accrual of interest for active duty service members benefit offered under section #dfe7;g72 of 7,,iii7 of submitting an application under section #dfi;,b7d7 for a borrower defense to repayment of a loan made1 insured1 or guaranteed under this title4 7#b7 ,eligible student loans ,for the purpose of paragraph 7#a71 the term eligible student loans means loans-- 7,a7 made1 insured1 or guaranteed under part ,b1 and first disbursed before ,july #a1 #bjaj1 including loans on which the borrower has defaulted 7but has made arrangements to repay the obligation on the defaulted loans satisfactory to the ,secretary or guaranty agency1 whichever insured the loans72 7,b7 made under part ,d of this title1 and first disbursed before ,july #a1 #bjai2 7,c7 made under this part before ,september #cj1 #bjag2 7,d7 made under this part on or after the date of enactment of the ,,prosper ,act2 7,e7 made under subpart ,,ii of part ,a of title ,,vii of the ,public ,health ,service ,act2 or 7,f7 made under part ,e of title ,,viii of the ,public ,health ,service ,act4 7f7 ,designation ,for purposes of this ,act1 the ,federal ,,one ,loans described in this section shall be known as ,federal ,,one ,consolidation ,loans4 #dfi4 ,temporary ,loan ,consolidation ,authority 7a7 ,in general ,a borrower who has #a or more loans in #b or more of the categories described in subsection 7b71 and who has not yet entered repayment on #a or more of those loans in any of the categories1 may consolidate all of the loans of the borrower that are described in subsection 7b7 into a ,federal ,,one ,consolidation ,loan during the period described in subsection 7c74 7b7 ,categories of loans that may be consolidated ,the categories of loans that may be consolidated under this section are-- 7#a7 loans made under this part before ,october #a1 #bjag and on or after ,july #a1 #bjai2 7#b7 loans purchased by the ,secretary pursuant to section #dei;,a2 7#c7 loans made under part ,b that are held by an eligible lender1 as such term is defined in section #dce7;d72 and 7#d7 loans made under part ,d4 7c7 ,time period in which loans may be consolidated ,the ,secretary may make a ,federal ,,one ,consolidation ,loan under this section to a borrower whose application for such ,federal ,,one ,consolidation ,loan is received on or after ,july #a1 #bjai1 and before ,july #a1 #bjbd4 7d7 ,terms of ,loans ,a ,federal ,,one ,consolidation ,loan made under this subsection shall have the same terms and conditions as a ,federal ,,one ,consolidation ,loan made under section #dfh1 except that in determining the applicable rate of interest on the ,federal ,,one ,consolidation ,loan made under this section1 section #dfe7;c77#d7 shall be applied without rounding the weighted average of the interest rate on the loans consolidated to the nearest higher one-eighth of one percent as in such section4 #dfi;,a4 ,deferment 7a7 ,effect on principal and interest ,a borrower of a loan made under this part who meets the requirements described in subsection 7b7 shall be eligible for a deferment during which installments of principal need not be paid and1 unless otherwise provided in this subsection1 interest shall accrue and be capitalized or paid by the borrower4 7b7 ,eligibility ,a borrower of a loan made under this part shall be eligible for a deferment-- 7#a7 during any period during which the borrower-- 7,a7 is carrying at least one-half the normal full-time work load for the course of study that the borrower is pursuing1 as determined by the eligible institution the borrower is attending2 7,b7 is pursuing a course of study pursuant to-- 7i7 an eligible graduate fellowship program in accordance with subsection 7g72 or 7ii7 an eligible rehabilitation training program for individuals with disabilities in accordance with subsection 7i72 7,c7 is serving on active duty during a war or other military operation or national emergency1 and for the #ahj-;day period following the demobilization date for such service2 7,d7 is performing qualifying ,national ,guard duty during a war or other military operation or national emergency1 and for the #ahj-;day period following the demobilization date for such service2 7,e7 is a member of the ,national ,guard who is not eligible for a post-active duty deferment under section #dic;,d and is engaged in active ,state duty for a period of more than #cj consecutive days beginning-- 7i7 the day after #f months after the date the student ceases to carry at least one-half the normal full-time academic workload 7as determined by the institution72 or 7ii7 the day after the borrower ceases enrollment on at least a half-time basis1 for a loan in repayment2 7,f7 is serving in a medical or dental internship or residency program1 the successful completion of which is required to begin professional practice or service1 or is serving in a medical or dental internship or residency program leading to a degree or certificate awarded by an institution of higher education1 a hospital1 or a health care facility that offers postgraduate training2 or 7,g7 is eligible for interest payments to be made on a loan made under this part for service in the ,armed ,forces under section #bagd of title #aj1 ,united ,states ,code1 and pursuant to that eligibility1 the interest is being paid on such loan under section #dfe7;f72 7#b7 during a period sufficient to enable the borrower to resume honoring the agreement to repay the outstanding balance of principal and interest on the loan after default1 if-- 7,a7 the borrower signs a new agreement to repay such outstanding balance2 7,b7 the deferment period is limited to #abj days2 and 7,c7 such deferment is not granted for consecutive periods2 7#c7 during a period of administrative deferment described in subsection 7j72 or 7#d7 in the case of a borrower of a ,federal ,,one ,parent ,loan or an ,excepted ,federal ,,one ,consolidation ,loan1 during a period described in subsection 7k74 7c7 ,length of deferment ,a deferment granted by the ,secretary-- 7#a7 under subparagraph 7,f7 or 7,g7 of subsection 7b77#a7 shall be renewable at #ab month intervals2 7#b7 under subparagraph 7,f7 of subsection 7b77#a7 shall equal the length of time remaining in the borrower's medical or dental internship or residency program2 and 7#c7 under subparagraph 7,g7 of subsection 7b77#a7 shall not exceed #c years4 7d7 ,request and documentation ,the ,secretary shall determine the eligibility of a borrower for a deferment under paragraphs 7#a71 7#b71 or 7#d7 of subsection 7b71 or in the case of a loan for which an endorser is required1 an endorser's eligibility for a deferment under paragraph 7#b7 or 7#d7 or eligibility to request a deferment under paragraph 7#a71 based on-- 7#a7 the receipt of a request for a deferment from the borrower or the endorser1 and documentation of the borrower's or endorser's eligibility for the deferment or eligibility to request the deferment2 7#b7 receipt of a completed loan application that documents the borrower's eligibility for a deferment2 7#c7 receipt of a student status information documenting that the borrower is enrolled on at least a half-time basis2 or 7#d7 the ,secretary's confirmation of the borrower's half-time enrollment status1 if the confirmation is requested by the institution of higher education4 7e7 ,notification ,the ,secretary shall-- 7#a7 notify a borrower of a loan made under this part-- 7,a7 the granting of a deferment under this subsection on such loan2 and 7,b7 the option of the borrower to continue making payments on the outstanding balance of principal and interest on such loan in accordance with subsection 7f72 7#b7 at the time the ,secretary grants a deferment to a borrower of a loan made under this part1 and not less frequently than once every #ahj days during the period of such deferment1 provide information to the borrower to assist the borrower in understanding-- 7,a7 the effect of granting a deferment on the total amount to be paid under the income-based repayment plan under #dff7;d72 7,b7 the fact that interest will accrue on the loan for the period of deferment1 other than for a deferment granted under subsection 7b77#a77;,g72 7,c7 the amount of unpaid principal and the amount of interest that has accrued since the last statement of such amounts provided to the borrower2 7,d7 the amount of interest that will be capitalized1 and the date on which capitalization will occur2 7,e7 the effect of the capitalization of interest on the borrower's loan principal and on the total amount of interest to be paid on the loan2 7,f7 the option of the borrower to pay the interest that has accrued before the interest is capitalized2 and 7,g7 the borrower's option to discontinue the deferment at any time4 7f7 ,form of deferment ,the form of a deferment granted under this subsection on a loan made under this part shall be temporary cessation of all payments on such loan1 except that-- 7#a7 in the case of a deferment granted under subsection 7b77#a77;,g71 payments of interest on the loan will be made by the ,secretary under section #dfe7;f7 during such period of deferment2 and 7#b7 a borrower may make payments on the outstanding balance of principal and interest on such loan during any period of deferment granted under this subsection4 7g7 ,graduate fellowship deferment 7#a7 ,in general ,a borrower of a loan under this part is eligible for a deferment under subsection 7b77#a77;,b77i7 during any period for which an authorized official of the borrower's graduate fellowship program certifies that the borrower meets the requirements of paragraph 7#b7 and is pursuing a course of study pursuant to an eligible graduate fellowship program4 7#b7 ,borrower requirements ,a borrower meets the requirements of this subparagraph if the borrower-- 7,a7 holds at least a baccalaureate degree conferred by an institution of higher education2 7,b7 has been accepted or recommended by an institution of higher education for acceptance on a full-time basis into an eligible graduate fellowship program2 and 7,c7 is not serving in a medical internship or residency program1 except for a residency program in dentistry4 7h7 ,treatment of study outside the ,united ,states 7#a7 ,in general ,the ,secretary shall treat1 in the same manner as required under section #dbh7;b77#d71 any course of study at a foreign university that is accepted for the completion of a recognized international fellowship program by the administrator of such a program as an eligible graduate fellowship program4 7#b7 ,requests for deferment ,requests for deferment of repayment of loans under this subsection by students engaged in graduate or postgraduate fellowship-supported study 7such as pursuant to a ,fulbright grant7 outside the ,united ,states shall be approved until completion of the period of the fellowship1 in the same manner as required under section #dbh7;b77#d74 7i7 ,rehabilitation training program deferment ,a borrower of a loan under this part is eligible for a deferment under subsection 7b77#a77;,b77ii7 during any period for which an authorized official of the borrower's rehabilitation training program certifies that the borrower is pursuing an eligible rehabilitation training program for individuals with disabilities4 7j7 ,administrative deferments ,the ,secretary may grant a deferment to a borrower or1 in the case of a loan for which an endorser is required1 an endorser1 without requiring a request and documentation from the borrower or the endorser under subsection 7d7 for-- 7#a7 a period during which the borrower was delinquent at the time a deferment is granted1 including a period for which scheduled payments of principal and interest were overdue at the time such deferment is granted2 7#b7 a period during which the borrower or the endorser was granted a deferment under this subsection but for which the ,secretary determines the borrower or the endorser should not have qualified2 7#c7 a period necessary for the ,secretary to determine the borrower's eligibility for the cancellation of the obligation of the borrower to repay the loan under section #dcg2 7#d7 a period during which the ,secretary has authorized deferment due to a national military mobilization or other local or national emergency2 or 7#e7 a period not to exceed #fj days1 during which interest shall accrue but not be capitalized1 if the ,secretary reasonably determines that a suspension of collection activity is warranted to enable the ,secretary to process supporting documentation relating to a borrower's request-- 7,a7 for a deferment under this subsection2 7,b7 for a change in repayment plan under section #dff7;c72 or 7,c7 to consolidate loans under section #dfh4 7k7 ,deferments for parent or excepted consolidation loans 7#a7 ,in general ,a qualified borrower shall be eligible for deferments under paragraphs 7#c7 through 7#e74 7#b7 ,qualified borrower defined ,in this subsection1 the term qualified borrower means-- 7,a7 a borrower of a ,federal ,,one ,parent ,loan or an ,excepted ,federal ,,one ,consolidation ,loan2 or 7,b7 in the case of such a loan for which an endorser is required1 the endorser of such loan4 7#c7 ,economic hardship deferment 7,a7 ,in general ,a qualified borrower shall be eligible for a deferment during periods1 not to exceed #c years in total1 during which the qualified borrower experiences an economic hardship described in subparagraph 7,b74 7,b7 ,economic hardship ,an economic hardship described in this clause is a period during which the qualified borrower-- 7i7 is receiving payment under a means-tested benefit program2 7ii7 is employed full-time and the monthly gross income of the qualified borrower does not exceed the greater of-- 7,i7 the minimum wage rate described in section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf72 or 7,,ii7 an amount equal to #aej percent of the poverty line2 or 7iii7 demonstrates that the sum of the qualified borrower's monthly payments on the qualified borrower's ,federal ,,one ,parent ,loan or ,excepted ,federal ,,one ,consolidation ,loan is not less than #bj percent of the qualified borrower's monthly gross income4 7,c7 ,eligibility ,to be eligible to receive a deferment under this subparagraph1 a qualified borrower shall submit to the ,secretary-- 7i7 for the first period of deferment under this subparagraph1 evidence showing the monthly gross income of the qualified borrower2 and 7ii7 for a subsequent period of deferment that begins less than one year after the end of a period of deferment granted under this subparagraph-- 7,i7 evidence showing the monthly gross income of the qualified borrower2 or 7,,ii7 the qualified borrower's most recently filed ,federal income tax return1 if such a return was filed in either of the two tax years preceding the year in which the qualified borrower requests the subsequent period of deferment4 7#d7 ,unemployment deferment 7,a7 ,in general ,a qualified borrower shall be eligible for a deferment for periods during which the qualified borrower is seeking1 and is unable to find1 full-time employment4 7,b7 ,eligibility 7i7 ,in general ,to be eligible to receive an deferment under this subparagraph1 a qualified borrower shall submit to the ,secretary-- 7,i7 evidence of the qualified borrower's eligibility for unemployment benefits2 or 7,,ii7 written confirmation1 or an equivalent as approved by the ,secretary1 that-- 7aa7 the qualified borrower has registered with a public or private employment agency1 if one is available to the borrower within #ej miles of the qualified borrower's address2 and 7bb7 for requests submitted after the initial request1 the qualified borrower has made at least six diligent attempts during the preceding six-month period to secure full-time employment4 7ii7 ,acceptance of employment ,a qualified borrower shall not be eligible for a deferment under this subparagraph if the qualified borrower refuses to seek or accept employment in types of positions or at salary levels or responsibility levels for which the qualified borrower feels overqualified based on the qualified borrower's education or previous experience4 7,c7 ,terms of deferment ,the following terms shall apply to a deferment under this subparagraph3 7i7 ,initial period ,the first deferment granted to a qualified borrower under this subparagraph may be for a period of unemployment beginning not more than #f months before the date on which the ,secretary receives the qualified borrower's request for deferment and may be granted for a period of up to #f months after that date4 7ii7 ,renewals ,deferments under this subparagraph shall be renewable at #f-month intervals beginning after the expiration of the first period of deferment under clause 7i74 ,to be eligible to renew a deferment under this subparagraph1 a qualified borrower shall submit to the ,secretary the information described in subparagraph 7,b77i74 7iii7 ,aggregate limit ,the period of all deferments granted to a borrower under this subparagraph may not exceed #c years in aggregate4 7#e7 ,health deferment 7,a7 ,in general ,a qualified borrower shall be eligible for a deferment during periods in which the qualified borrower is unable to make scheduled loan payments due to high medical expenses1 as determined by the ,secretary4 7,b7 ,eligibility ,to be eligible to receive a deferment under this subparagraph1 a qualified borrower shall-- 7i7 submit to the ,secretary documentation demonstrating that making scheduled loan payments would be an extreme economic hardship to the borrower due to high medical expenses1 as determined by the ,secretary2 and 7ii7 resubmit such documentation to the ,secretary not less frequently than once every #c months4 7l7 ,prohibitions 7#a7 ,prohibition on fees ,no administrative fee or other fee may be charged to the borrower in connection with the granting of a deferment under this subsection4 7#b7 ,prohibition on adverse credit reporting ,no adverse information relating to a borrower may be reported to a consumer reporting agency solely because of the granting of a deferment under this subsection4 7#c7 ,limitation on authority ,the ,secretary shall not1 through regulation or otherwise1 authorize additional deferment options or periods of deferment other than the deferment options and periods of deferment authorized under this subsection4 7m7 ,treatment of endorsers ,with respect to any ,federal ,,one ,parent ,loan or ,federal ,,one ,consolidation ,loan for which an endorser is required-- 7#a7 paragraphs 7#b7 through 7#d7 of subsection 7b7 shall be applied-- 7,a7 by substituting ,an endorser for ,a borrower2 7,b7 by substituting the endorser for the borrower2 and 7,c7 by substituting an endorser for a borrower2 and 7#b7 in the case in which the borrower of such a loan is eligible for a deferment described in subparagraph 7,c71 7,d71 7,e71 7,f71 or 7,g7 of subsection 7b77#a71 but is not making payments on the loan1 the endorser of the loan may request a deferment under such subparagraph for the loan4 7n7 ,definitions ,in this section3 7#a7 ,eligible graduate fellowship program ,the term eligible graduate fellowship program1 when used with respect to a course of study pursued by the borrower of a loan under this part1 means a fellowship program that-- 7,a7 provides sufficient financial support to graduate fellows to allow for full-time study for at least six months2 7,b7 requires a written statement from each applicant explaining the applicant's objectives before the award of that financial support2 7,c7 requires a graduate fellow to submit periodic reports1 projects1 or evidence of the fellow's progress2 and 7,d7 in the case of a course of study at an institution of higher education outside the ,united ,states described in section #ajb1 accepts the course of study for completion of the fellowship program4 7#b7 ,eligible rehabilitation training program for individuals with disabilities ,the term eligible rehabilitation training program for individuals with disabilities1 when used with respect a course of study pursued by the borrower of a loan under this part1 means a program that-- 7,a7 is necessary to assist an individual with a disability in preparing for1 securing1 retaining1 or regaining employment2 7,b7 is licensed1 approved1 certified1 or otherwise recognized as providing rehabilitation training to disabled individuals by-- 7i7 a ,state agency with responsibility for vocational rehabilitation programs1 drug abuse treatment programs1 mental health services programs1 or alcohol abuse treatment programs2 or 7ii7 the ,secretary of the ,department of ,veterans ,affairs2 and 7,c7 provides or will provide the borrower with rehabilitation services under a written plan that-- 7i7 is individualized to meet the borrower's needs2 7ii7 specifies the date on which the services to the borrower are expected to end2 and 7iii7 requires a commitment of time and effort from the borrower that prevents the borrower from being employed at least #cj hours per week1 either because of the number of hours that must be devoted to rehabilitation or because of the nature of the rehabilitation4 7#c7 ,excepted ,federal ,,one consolidation loan ,the ,excepted ,federal ,,one ,consolidation ,loan have the meaning given the term in section #dff7;d77#e74 7#d7 ,family size ,the term family size means the number that is determined by counting-- 7,a7 the borrower2 7,b7 the borrower's spouse2 7,c7 the borrower's children1 including unborn children who are expected to be born during the period covered by the deferment1 if the children receive more than half their support from the borrower2 and 7,d7 another individual if1 at the time the borrower requests a deferment under this section1 the individual-- 7i7 lives with the borrower2 7ii7 receives more than half of the individual's support 7which may include money1 gifts1 loans1 housing1 food1 clothes1 car1 medical and dental care1 and payment of college costs7 from the borrower2 and 7iii7 is expected to receive such support from the borrower during the relevant period of deferment4 7#e7 ,full-time ,the term full-time1 when used with respect to employment1 means employment for not less than #cj hours per week that is expected to continue for not less than three months4 7#f7 ,means-tested benefit program ,the term means-tested benefit program means-- 7,a7 a ,state public assistance program under which eligibility for the program's benefits1 or the amount of such benefits1 are determined on the basis of income or resources of the individual or family seeking the benefit2 or 7,b7 a mandatory spending program of the ,federal ,government1 other than a program under this title1 under which eligibility for the program's benefits1 or the amount of such benefits1 are determined on the basis of income or resources of the individual or family seeking the benefit1 and may include such programs as 7i7 the supplemental security income program under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha et seq472 7ii7 the supplemental nutrition assistance program under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 7iii7 the free and reduced price school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 7iv7 the program of block grants for ,states for temporary assistance for needy families established under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 7v7 the special supplemental nutrition program for women1 infants1 and children established by section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf72 and 7vi7 other programs identified by the ,secretary4 7#g7 ,monthly gross income ,the term monthly gross income1 when used with respect to a borrower1 means-- 7,a7 the gross amount of income received by the borrower from employment and other sources for the most recent month2 or 7,b7 one-twelfth of the borrower's adjusted gross income1 as recorded on the borrower's most recently filed ,federal income tax return4 #dfi;,b4 ,additional terms 7a7 ,applicable part ,b provisions 7#a7 ,disclosures ,except as otherwise provided in this part1 section #dee7p7 shall apply with respect to loans under this part in the same manner that such section applies with respect to loans under part ,d4 7#b7 ,other provisions ,except as otherwise provided in this part1 the following provisions shall apply with respect to loans made under this part in the same manner that such provisions apply with respect to loans made under part ,d3 7,a7 ,section #dbg7;a77#b74 7,b7 ,section #dbh7;d74 7,c7 ,section #dbh;,f 7,d7 ,section #dcj;,a4 7,e7 ,paragraphs 7#a71 7#b71 7#d71 and 7#f7 of section #dcb7;a74 7,f7 ,section #dcb7;i74 7,g7 ,section #dcb7l74 7,h7 ,section #dcb7m71 except that an institution of higher education shall have a separate master promissory note under paragraph 7#a77;,d7 of such section for loans made under this part4 7,i7 ,subsections 7a71 7c71 and 7d7 of section #dcg4 7#c7 ,application of provisions ,any provision listed under paragraph 7#a7 or 7#b7 that applies to-- 7,a7 ,federal ,direct ,,plus ,loans made on behalf of dependent students shall apply to ,federal ,,one ,parent ,loans2 7,b7 ,federal ,direct ,,plus ,loans made to students shall apply to ,federal ,,one ,loans for graduate or professional students2 7,c7 ,federal ,direct ,unsubsidized ,stafford loans shall apply to ,federal ,,one ,loans 7other than ,federal ,,one ,consolidation ,loans7 for any student borrower2 7,d7 ,federal ,direct ,consolidation ,loans shall apply to ,federal ,,one ,consolidation ,loans2 and 7,e7 forbearance shall apply to deferment under section #dfi;,a4 7b7 ,eligible student ,a loan under this part may only be made to a student who-- 7#a7 is an eligible student under section #dhd2 7#b7 has agreed to notify promptly the ,secretary and the applicable contractors with which the ,secretary has a contract under section #dic;,e concerning-- 7,a7 any change of permanent address1 telephone number1 or email address2 7,b7 when the student ceases to be enrolled on at least a half-time basis2 and 7,c7 any other change in status1 when such change in status affects the student's eligibility for the loan2 and 7#c7 is carrying at least one-half the normal full-time academic workload for the course of study the student is pursuing 7as determined by the institution74 7c7 ,loan ,application and ,promissory ,note ,the common financial reporting form required in section #dhc7;a77#a7 shall constitute the application for loans made under this part4 ,the ,secretary shall develop1 print1 and distribute to participating institutions a standard promissory note and loan disclosure form4 7d7 ,borrower defenses ,a borrower of a loan under this part may assert a defense to repayment to such loan under the provisions of section #dee7;h7 that apply to a borrower of a loan made under part ,d asserting1 on or after the date of enactment of the ,,prosper ,act1 a defense to repayment to such loan made under part ,d4 7e7 ,identity fraud protection ,the ,secretary shall ensure that monthly ,federal ,,one ,loan statements and other publications of the ,department do not contain more than four digits of the ,social ,security number of any individual4 7f7 ,authority to sell loans ,the ,secretary1 in consultation with the ,secretary of the ,treasury1 is authorized to sell loans made under this part on such terms determined to be in the best interest of the ,united ,states1 except that any such sale shall not result in any cost to the ,federal ,government4 4 ,f ,need ,analysis #dga4 ,cost of attendance ,section #dgb 7#bj ,u4,s4,c4 #ajhgll7 is amended-- 7#a7 by striking paragraph 7#aj72 and 7#b7 by redesignating paragraphs 7#aa71 7#ab71 and 7#ac7 as paragraphs 7#aj71 7#aa71 and 7#ab71 respectively4 #dgb4 ,simplified needs test ,section #dgi7;b77#a7 7#bj ,u4,s4,c4 #ajhgss7 is amended by striking #ej1jjj both places it appears and inserting #ajj1jjj4 #dgc4 ,discretion of student financial aid administrators ,section #dgi;,a 7#bj ,u4,s4,c4 #ajhgtt7 is amended-- 7#a7 in subsection 7a71 by striking financial assistance under section #dbh;,h or a ,federal ,direct ,unsubsidized ,stafford ,loan and inserting a ,federal ,direct ,unsubsidized ,stafford ,loan or a ,federal ,,one ,loan2 7#b7 in subsection 7c71 by striking part ,b or ,d and inserting part ,d or ,e2 and 7#c7 by adding at the end the following3 7d7 ,adjustment based on delivery of instruction ,a student's eligibility to receive grants1 loans1 or work assistance under this title shall be reduced if a financial aid officer determines1 in accordance with the discretionary authority provided under this section1 that the model or method used to deliver instruction to the student results in a substantially reduced cost of attendance to the student4 4 #dgd4 ,definitions of total income and assets ,section #dhj 7#bj ,u4,s4,c4 #ajhgvv7 is amended-- 7#a7 in subsection 7a77#a71 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,notwithstanding section #dgh7;a71 the ,secretary shall provide for the use of data from the second preceding tax year 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 and 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,b71 by striking or at the end2 7ii7 in subparagraph 7,c71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7,d7 a qualified tuition program 7as defined in section #ebi7;b77#a77;,a7 of the ,internal ,revenue ,code of #aihf74 2 and 7,b7 in paragraph 7#e77;,a77i71 by striking qualified tuition program 7as defined in section #ebi7;b77#a77;,a7 of the ,internal ,revenue ,code of #aihf7 or other4 ,g ,general ,provisions ,relating to ,student ,assistance #dha4 ,definitions of academic year and eligible program ,section #dha 7#bj ,u4,s4,c4 #ajhh7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,a7-- 7i7 by striking ,for the and inserting the following3 ,except as provided in paragraph 7#c71 for the2 and 7ii7 in clause 7i71 by striking require a minimum of #cj weeks and inserting the following3 require-- 7,i7 a minimum of #cj weeks 2 7iii7 in clause 7ii71 by striking require2 7iv7 by redesignating clause 7ii7 as subclause 7,,ii7 7and by adjusting the margin accordingly72 and 7v7 by redesignating clause 7iii7 as clause 7ii72 and 7,b7 by adding at the end the following3 7#c7 7,a7 ,for the purpose of a competency-based education program the term academic year shall be the published measured period established by the institution of higher education that is necessary for a student with a normal full-time workload for the course of study the student is pursuing 7as measured using the value of competencies or sets of competencies required by such institution and approved by such institution's accrediting agency or association7 to earn-- 7i7 one-quarter of a bachelor's degree2 7ii7 one-half of an associate's degree2 or 7iii7 with respect to a non-degree or graduate program1 the equivalent of a period described in clause 7i7 or 7ii74 7,b7 7i7 ,a competency-based education program that is not a term-based program may be treated as a term-based program for purposes of establishing payment periods for disbursement of loans and grants under this title if-- 7,i7 the institution of higher education that offers such program charges a flat subscription fee for access to instruction during a period determined by the institution2 and 7,,ii7 the institution is able to determine the competencies a student is expected to demonstrate for such subscription period4 7ii7 ,clause 7i7 shall apply even in a case in which instruction or other work with respect to a competency that is expected to be attributable to a subscription period begins prior to such subscription period4 7iii7 ,in a case in which a competency-based education program offered by an institution of higher education is treated as a term-based program under clause 7i71 the institution shall review the academic progress of each student enrolled in such program in accordance with section #dhd7;c71 except that such review shall occur at the end of each payment period4 2 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,eligible ,program 7#a7 ,for purposes of this title1 the term eligible program means-- 7,a7 a program of at least #cjj clock hours of instruction1 #h semester hours1 or #ab quarter hours1 offered during a minimum of #aj weeks2 or 7,b7 a competency-based program that-- 7i7 has been evaluated and approved by an accrediting agency or association that-- 7,i7 is recognized by the ,secretary under subpart #b of part ,h2 and 7,,ii7 has evaluation of competency-based education programs within the scope of its recognition in accordance with section #dif7;a77#d77;,c72 or 7ii7 as of the day before the date of enactment of the ,,prosper ,act1 met the requirements of a direct assessment program under section #dha7;b77#d7 7as such section was in effect on the day before such date of enactment74 7#b7 ,an eligible program described in paragraph 7#a7 may be offered in whole or in part through telecommunications4 7#c7 ,for purposes of this title1 the term eligible program does not include a program that loses its eligibility under section #dha;,b7a74 7#d7 7,a7 ,if an eligible institution enters into a written arrangement with an institution or organization that is not an eligible institution under which such ineligible institution or organization provides the educational program 7in whole or in part7 of students enrolled in the eligible institution1 the educational program provided by such ineligible institution shall be considered to be an eligible program if-- 7i7 the ineligible institution or organization has not-- 7,i7 had its eligibility to participate in the programs under this title terminated by the ,secretary2 7,,ii7 voluntarily withdrawn from participation in the programs under this title under a proceeding initiated by the ,secretary1 accrediting agency or association1 guarantor1 or the licensing agency for the ,state in which the institution is located1 including a termination1 show-cause1 or suspension2 7,,iii7 had its certification under subpart #c of part ,h to participate in the programs under this title revoked by the ,secretary2 7,,iv7 had its application for recertification under subpart #c of part ,h to participate in the programs under this title denied by the ,secretary2 or 7,v7 had its application for certification under subpart #c of part ,h to participate in the programs under this title denied by the ,secretary2 7ii7 the educational program offered by the institution that grants the degree or certificate otherwise satisfies the requirements of paragraph 7#a72 and 7iii7 7,i7 the ineligible institution or organization provides #be percent or less of the educational program2 or 7,,ii7 7aa7 the ineligible institution or organization provides more than #be percent of the educational program2 and 7bb7 the eligible institution's accrediting agency or association has determined that the eligible institution's arrangement meets the agency's standards for the contracting out of educational services in accordance with section #dif7;c77#e77;,b77iv74 7,b7 ,for purposes of subparagraph 7,a71 the term eligible institution means an institution described in section #dhg7;a74 2 and 7#c7 in subsection 7c77#b71 by striking part ,b of4 #dhb4 ,programmatic loan repayment rates ,part ,g of title ,,iv 7#bj ,u4,s4,c4 #ajhh et seq47 is amended1 as amended by section #dha1 is further amended by inserting after section #dha;,a 7#bj ,u4,s4,c4 #ajhh;a7 the following3 #dha;,b4 ,programmatic loan repayment rates 7a7 ,ineligibility of an educational program based on low repayment rates 7#a7 ,in general ,with respect to fiscal year #bjaf and each succeeding fiscal year1 an educational program at an institution of higher education whose loan repayment rate is less than #de percent for each of the #c most recent fiscal years for which data are available shall not be considered an eligible program for the fiscal year in which the determination is made and for the #b succeeding fiscal years1 unless1 not later than #cj days after receiving notification from the ,secretary of the loss of eligibility under this paragraph1 the institution appeals the loss of such program's eligibility to the ,secretary4 7#b7 ,appeal ,the ,secretary shall issue a decision on any such appeal within #de days after its submission4 ,such decision may permit a program to be considered an eligible program1 if-- 7,a7 the institution demonstrates to the satisfaction of the ,secretary that-- 7i7 the ,secretary's calculation of such program's loan repayment rate is not accurate2 and 7ii7 recalculation would increase such program's loan repayment rate for any of the #c fiscal years equal to or greater than #de percent2 or 7,b7 the program is not subject to paragraph 7#a7 by reason of paragraph 7#c74 7#c7 ,participation rate index 7,a7 ,in general ,an institution that demonstrates to the ,secretary that a program's participation rate index is equal to or less than #j4aa for any of the #c most recent fiscal years for which data is available shall not be subject to paragraph 7#a74 7,b7 ,index calculation ,the participation rate index for a program shall be determined by multiplying-- 7i7 the amount of the difference between-- 7,i7 #a4j2 and 7,,ii7 the quotient that results by dividing-- 7aa7 the program's loan repayment rate for a fiscal year1 or the weighted average loan repayment rate for a fiscal year1 by 7bb7 #ajj2 and 7ii7 the quotient that results by dividing-- 7,i7 the percentage of the program's regular students1 enrolled on at least a half-time basis1 who received a covered loan for a #ab-month period ending during the #f months immediately preceding the fiscal year for which the program's loan repayment rate or the weighted average loan repayment rate is determined1 by 7,,ii7 #ajj4 7,c7 ,data ,an institution shall provide the ,secretary with sufficient data to determine the program's participation rate index not later than #cj days after receiving an initial notification of the program's draft loan repayment rate under subsection 7d77#d77;,c74 7,d7 ,notification ,prior to publication of a final loan repayment rate under subsection 7d77#d77;,a7 for a program at an institution that provides the data described in subparagraph 7,c71 the ,secretary shall notify the institution of the institution's compliance or noncompliance with subparagraph 7,a74 7b7 ,repayment improvement and assessment of eligibility based on low loan repayment rates 7#a7 ,first year 7,a7 ,in general ,an institution with a program whose loan repayment rate is less than #de percent for any fiscal year shall establish a repayment improvement task force to prepare a plan to-- 7i7 identify the factors causing such program's loan repayment rate to fall below such percent2 7ii7 establish measurable objectives and the steps to be taken to improve the program's loan repayment rate2 and 7iii7 specify actions that the institution can take to improve student loan repayment1 including appropriate counseling regarding loan repayment options4 7,b7 ,technical assistance ,each institution subject to this paragraph shall submit the plan under subparagraph 7,a7 to the ,secretary1 who shall review the plan and offer technical assistance to the institution to promote improved student loan repayment4 7#b7 ,second consecutive year 7,a7 ,in general ,an institution with a program whose loan repayment rate is less than #de percent for two consecutive fiscal years1 shall-- 7i7 require the institution's repayment improvement task force established under paragraph 7#a7 to review and revise the plan required under such paragraph2 and 7ii7 submit such revised plan to the ,secretary4 7,b7 ,review by the ,secretary ,the ,secretary-- 7i7 shall review each revised plan submitted in accordance with this paragraph2 and 7ii7 may direct that such plan be amended to include actions1 with measurable objectives1 that the ,secretary determines1 based on available data and analyses of student loan repayment and non-repayment1 will promote student loan repayment4 7c7 ,programmatic loan repayment rate defined 7#a7 ,in general ,except as provided in subsection 7d71 for purposes of this section1 the term loan repayment rate means1 when used with respect to an educational program at an institution-- 7,a7 with respect to any fiscal year in which #cj or more current and former students in such program enter repayment on a covered loan received for attendance in such program1 the percentage of such current and former students-- 7i7 who enter repayment in such fiscal year on a covered loan received for attendance in such program2 and 7ii7 who are in a positive repayment status on each such covered loan at the end of the second fiscal year following the fiscal year in which such students entered repayment on such loan2 and 7,b7 with respect to any fiscal year in which fewer than #cj of the current and former students in such program enter repayment on a covered loan received for attendance in such program1 the percentage of such current and former students-- 7i7 who1 in any of the three most recent fiscal years1 entered repayment on a covered loan received for attendance in such program2 and 7ii7 who are in a positive repayment status on each such covered loan at the end of the second fiscal year following the fiscal year in which such students entered repayment on such loan4 7#b7 ,guaranty agency requirements ,the ,secretary shall require that each guaranty agency that has insured loans for current or former students of the institution afford such institution a reasonable opportunity 7as specified by the ,secretary7 to review and correct errors in the information required to be provided to the ,secretary by the guaranty agency for the purposes of calculating a loan repayment rate for programs at such institution1 prior to the calculation of such rate4 7#c7 ,positive repayment status ,for purposes of this section1 the term positive repayment status1 when used with respect to a borrower of a covered loan1 means-- 7,a7 the borrower has entered repayment on such loan1 and such loan is less than #ij days delinquent2 7,b7 the loan is paid in full 7but not through consolidation72 or 7,c7 with respect to a covered loan that is a ,federal ,,one ,loan1 the loan is in a deferment described in #dfi;,a7b77#a71 and with respect to a covered loan made1 insured1 or guaranteed under part ,b or made under part ,d1 the loan is in a deferment or forbearance that is comparable to a deferment described in #dfi;,a7b77#a74 7#d7 ,covered loan ,for purposes of this section-- 7,a7 the term covered loan means-- 7i7 a loan made1 insured1 or guaranteed under section #dbh or #dbh;,h2 7ii7 a ,federal ,direct ,stafford ,loan2 7iii7 a ,federal ,direct ,unsubsidized ,stafford ,loan2 7iv7 a ,federal ,direct ,,plus ,loan issued to a graduate or professional student2 7v7 a ,federal ,,one ,loan 7other than a ,federal ,,one ,parent ,loan or a ,federal ,,one ,consolidation ,loan not described in clause 7vi772 or 7vi7 the portion of a loan made under section #dbh;,c1 a ,federal ,direct ,consolidation ,loan1 or a ,federal ,,one ,consolidation ,loan that is used to repay any covered loan described in clauses 7i7 through 7v72 and 7,b7 the term covered loan does not include a loan described in subparagraph 7,a7 that has been discharged under section #dcg7;a74 7d7 ,special rules 7#a7 ,in general ,in the case of a student who has attended and borrowed at more than one institution of higher education or for more than one educational program at an institution1 the student 7and such student's subsequent positive repayment status on a covered loan1 if applicable77 shall be attributed to each institution of higher education and educational program for attendance at which the student received a loan that entered repayment for the fiscal year for which the loan repayment rate is being calculated4 7#b7 ,delinquent ,a loan on which a payment is made by an institution of higher education1 such institutions's owner1 agent1 contractor1 employee1 or any other entity or individual affiliated with such institution1 in order to prevent the borrower from being more than #ij days delinquent on the loan1 shall be considered more than #ij days delinquent for purposes of this subsection4 7#c7 ,regulations to prevent evasions ,the ,secretary shall prescribe regulations designed to prevent an institution of higher education from evading the application of a loan repayment rate determination under this section to an educational program at such institution through-- 7,a7 the use of such measures as branching1 consolidation1 change of ownership or control1 or any similar device2 or 7,b7 creating a new educational program that is substantially similar to a program determined to be ineligible under subsection 7a74 7#d7 ,collection and reporting of loan repayment rates 7,a7 ,in general ,the ,secretary shall publish not less often than once every fiscal year a report showing final loan repayment data for each program at each institution of higher education for which a loan repayment rate is calculated under this section4 7,b7 ,publication ,the ,secretary shall publish the report described in subparagraph 7,a7 by ,september #cj of each year4 7,c7 ,drafts 7i7 ,in general ,the ,secretary shall provide institutions with draft loan repayment rates for each educational program at the institution at least #f months prior to the release of the final rates under subparagraph 7,a74 7ii7 ,challenge of draft rates ,an institution may challenge a program's draft loan repayment rate provided under clause 7i7 for any fiscal year by demonstrating to the satisfaction of the ,secretary that such draft loan repayment rate is not accurate4 7e7 ,transition period 7#a7 ,during the transition period ,during the transition period1 the cohort default rate for each institution of higher education shall be calculated under section #dce7m77#a7 for each fiscal year for which such rate has not yet been calculated and any requirements with respect to such rates shall continue to apply1 except that the loans with respect to which such cohort default rate shall be calculated shall be the covered loans defined in subsection 7c77#d74 7#b7 ,after the transition period ,after the transition period1 no new cohort default rates shall be calculated for an institution of higher education and any requirements with respect to such rates shall cease to apply4 7#c7 ,definitions ,for purposes of this subsection-- 7,a7 the term cohort default rate has the meaning given the term in section #dce7m72 and 7,b7 the term transition period means the period-- 7i7 beginning on the date of enactment of the ,,prosper ,act2 and 7ii7 ending on the date on which the ,secretary has published under subsection 7d77#d77;,a7 the final loan repayment rate for each program at each institution of higher education with respect to each of fiscal years #bjaf1 #bjag1 and #bjah4 4 #dhc4 ,master calendar ,section #dhb 7#bj ,u4,s4,c4 #ajhi7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking ,february #a and inserting ,january #ae2 7ii7 in subparagraph 7,b71 by striking ,march #a and inserting ,february #a2 7iii7 in subparagraph 7,c71 by striking ,june #a and inserting ,may #a2 7iv7 in subparagraph 7,d71 by striking ,august #ae and inserting ,july #ae2 7v7 by striking subparagraph 7,e71 and redesignating subparagraphs 7,f7 and 7,g7 as subparagraphs 7,e7 and 7,f71 respectively2 and 7vi7 in subparagraph 7,e71 as so redesignated1 by striking ,october #a and inserting ,september #a2 and 7vii7 in subparagraph 7,f71 as so redesignated1 by striking ,november #a and inserting ,october #a2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,f71 by striking and final ,pell ,grant payment schedule2 7ii7 in subparagraph 7,j71 by striking ,june #a and inserting ,may #a2 7iii7 by redesignating subparagraphs 7,c7 through 7,j7 as subparagraphs 7,d7 through 7,k71 respectively2 and 7iv7 by inserting after subparagraph 7,b7 the following3 7,c7 by ,november #a3 final ,pell ,grant payment schedule2 2 and 7#b7 in subsection 7b7-- 7,a7 by striking #dac;,d7d71 #ddb7;d71 or #dfb7;i7 and inserting #ddb7;d72 and 7,b7 by striking the programs under subpart #c of part ,a1 part ,c1 and part ,e1 respectively and inserting part ,c4 #dhd4 ,,fafsa ,simplification 7a7 ,in general ,section #dhc 7#bj ,u4,s4,c4 #ajij7 is amended-- 7#a7 in subsection 7a77#c7-- 7,a7 in subparagraph 7,e71 by adding at the end the following3 ,notwithstanding the limitations on sharing data described in this paragraph1 an institution of higher education may1 with explicit written consent of the applicant1 provide such information as is necessary to a scholarship granting organization designated by the applicant to assist the applicant in applying for and receiving financial assistance for the applicant's education at that institution4 ,an organization that receives information pursuant to the preceding sentence shall not maintain1 warehouse1 sell1 or otherwise store or share such information after it has been used to determine the additional aid available for such applicant and the organization shall destroy the information after such determination has been made42 and 7,b7 by adding at the end the following3 7,i7 ,format ,not later than #a year after the date of the enactment of the ,,prosper ,act1 the ,secretary shall make the electronic version of the forms under this paragraph available through a technology tool optimized for use on mobile devices4 ,such technology tool shall1 at minimum1 enable applicants to-- 7i7 save data2 and 7ii7 submit the ,,fafsa of such applicant to the ,secretary through such tool4 7,j7 ,consumer testing ,in developing and maintaining the electronic version of the forms under this paragraph and the technology tool for mobile devices under subparagraph 7,i71 the ,secretary shall conduct consumer testing with appropriate persons to ensure the forms and technology tool are designed to be easily usable and understandable by students and families4 ,such consumer testing shall include-- 7i7 current and prospective college students1 family members of such students1 and other individuals with expertise in student financial assistance application processes2 7ii7 dependent students and independent students who meet the requirements under subsection 7b7 or 7c7 of section #dgi2 and 7iii7 dependent students and independent students who do not meet the requirements under subsection 7b7 or 7c7 of section #dgi4 2 and 7#b7 by amending subsection 7f7 to read as follows3 7f7 ,use of ,internal ,revenue ,service data retrieval tool to populate ,,fafsa 7#a7 ,simplification efforts ,the ,secretary shall-- 7,a7 make every effort to allow applicants to utilize the current data retrieval tool to transfer1 through a rigorous authentication process1 data available from the ,internal ,revenue ,service to reduce the amount of original data entry by applicants and strengthen the reliability of data used to calculate expected family contributions1 including through the use of technology to-- 7i7 allow an applicant to automatically populate the electronic version of the forms under this paragraph with data available from the ,internal ,revenue ,service2 and 7ii7 direct an applicant to appropriate questions on such forms based on the applicant's answers to previous questions2 and 7,b7 allow single taxpayers1 married taxpayers filing jointly1 and married taxpayers filing separately to utilize the current data retrieval tool to its full capacity4 7#b7 ,use of tax return in application process ,the ,secretary shall continue to examine whether data provided by the ,internal ,revenue ,service can be used to generate an expected family contribution without additional action on the part of the student and taxpayer4 7#c7 ,reports on ,,fafsa simplification efforts ,not less than once every year1 the ,secretary shall report to the authorizing committees on-- 7,a7 the progress of the simplification efforts under this subsection2 and 7,b7 the security of the data retrieval tool4 4 7b7 ,technical amendment ,section #dhc7;a77#i77;,c7 7#bj ,u4,s4,c4 #ajij7;a77#i77;,c77 is amended by inserting 1 including through the tool described in section #dhe;,e7c7 before the semicolon4 #dhe4 ,student eligibility ,section #dhd 7#bj ,u4,s4,c4 #ajia7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking a degree1 certificate1 or other program 7including a program of study abroad approved for credit by the eligible institution at which such student is enrolled7 leading to a and inserting an eligible program 7including a program of study abroad approved for credit by the eligible institution at which such student is enrolled7 leading to a degree1 certificate1 or other2 and 7,b7 in paragraph 7#c71 by inserting as in effect on the day before the date of enactment of the ,,prosper ,act and pursuant to section #dfa7;a7 of such ,act1 after part ,e12 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#c71 by striking part ,b or ,d and inserting part ,b1 ,d1 or ,e2 and 7,b7 by adding at the end the following3 7#f7 ,for purposes of competency-based education1 in order to be eligible to receive any loan under this title for an award year1 a student may be enrolled in coursework attributable only to #b academic years within the award year4 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by inserting least as frequently as before the end of each2 and 7,,ii7 by striking 1 and at the end and inserting a semicolon2 7ii7 in subparagraph 7,b7-- 7,i7 by striking the student has a cumulative and inserting the following3 the student has-- 7i7 a cumulative 2 7,,ii7 by striking the second and inserting each2 7,,iii7 by striking the period at the end and inserting 2 or 2 and 7,,iv7 by adding at the end the following3 7ii7 for the purposes of competency-based programs1 a non-grade equivalent demonstration of academic standing consistent with the requirements for graduation1 as determined by the institution1 at the end of each such academic year2 and 2 and 7iii7 by adding at the end the following3 7,c7 the student maintains a pace in his or her educational program that-- 7i7 ensures that the student completes the program within the maximum timeframe2 and 7ii7 is measured by a method determined by the institution which may be based on credit hours1 clock hours1 or competencies completed4 2 7,b7 in paragraph 7#b71 by striking grading period and inserting evaluation period2 and 7,c7 by adding at the end the following3 7#d7 ,for purposes of this subsection1 the term maximum timeframe means-- 7,a7 with respect to an undergraduate program measured in credit hours1 a period that is no longer than #aej percent of the published length of the educational program1 as measured in credit hours2 7,b7 with respect to an undergraduate program measured in competencies1 a period that is no longer than #aej percent of the published length of the educational program1 as measured in competencies2 7,c7 with respect to an undergraduate program measured in clock hours1 a period that is no longer than #aej percent of the published length of the educational program1 as measured by the cumulative number of clock hours the student is required to complete and expressed in calendar time2 and 7,d7 with respect to a graduate program1 a period defined by the institution that is based on the length of the educational program4 2 7#d7 by amending subsection 7d7 to read as follows3 7d7 ,additional student eligibility 7#a7 ,ability to benefit students ,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 subpart #a of part ,a and parts ,c1 ,d1 and ,e of this title1 the student shall be determined by the institution of higher education as having the ability to benefit from the education 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 ,homeschool students ,a student who has completed a secondary school education in a home school setting that is treated as a home school or private school under ,state law shall be eligible for assistance under subpart #a of part ,a and parts ,c1 ,d1 and ,e of this title4 7#c7 ,secondary education provided by nonprofit corporations ,a student who has completed a secondary education provided by a school operating as a nonprofit corporation that offers a program of study determined acceptable for admission at an institution of higher education shall be eligible for assistance under subpart #a of part ,a and parts ,c1 ,d1 and ,e of this title4 4 7#e7 in subsection 7f77#a71 by striking or part ,e both places it appears and inserting the following3 1 part ,e 7as in effect on the day before the date of enactment of the ,,prosper ,act and pursuant to section #dfa7;a7 of such ,act71 or part ,e 7as in effect on or after the date of enactment of the ,,prosper ,act72 7#f7 by striking subsection 7l72 7#g7 in subsection 7n7-- 7,a7 by striking 7n7 ,data ,base ,matching4--,to enforce2 and inserting the following3 7n7 ,selective service registration 7#a7 ,data base matching ,to enforce 2 and 7,b7 by adding at the end the following3 7#b7 ,effect of failure to register for selective service ,a person who is #bf years of age or older shall not be ineligible for assistance or a benefit provided under this title by reason of failure to present himself for1 and submit to1 registration under section #c of the ,military ,selective ,service ,act 7#ej ,u4,s4,c4 #chjb74 2 and 7#h7 by redesignating subsections 7m7 through 7t7 as subsections 7l7 through 7s74 #dhf4 ,statute of limitations ,section #dhd;,a 7#bj ,u4,s4,c4 #ajhh7 is amended-- 7#a7 in subsection 7a77#b77;,c7-- 7,a7 by striking or #dfc7;a7 and inserting 1 section #dfc7;a7 7as in effect on the day before the date of enactment of the ,,prosper ,act and pursuant to section #dfa7;a7 of such ,act71 or section #dfc 7as in effect on or after the date of enactment of the ,,prosper ,act7 2 and 7,b7 by striking or ,e and inserting 1 ,e 7as in effect on the day before the date of enactment of the ,,prosper ,act and pursuant to section #dfa7;a7 of such ,act71 or ,e 7as in effect on or after the date of enactment of the ,,prosper ,act72 and 7#b7 in subsection 7b7-- 7,a7 by striking and at the end of paragraph 7#b72 7,b7 in paragraph 7#c7-- 7i7 by inserting 7as in effect on the day before the date of enactment of the ,,prosper ,act and pursuant to section #dfa7;a7 of such ,act7 after part ,e2 7ii7 by inserting 7as so in effect7 after section #dfc7;a72 and 7iii7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#d7 in collecting any obligation arising from a loan made under part ,e 7as in effect on or after the date of enactment of the ,,prosper ,act71 an institution of higher education that has an agreement with the ,secretary pursuant to section #dfc7;a7 7as so in effect7 shall not be subject to a defense raised by any borrower based on a claim of infancy4 4 #dhg4 ,institutional refunds ,section #dhd;,b 7#bj ,u4,s4,c4 #ajia;b7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,if a recipient and inserting the following3 7,a7 ,consequence of withdrawal ,if a recipient 2 and 7ii7 by adding at the end the following3 7,b7 ,special rule ,for purposes of subparagraph 7,a71 a student-- 7i7 who is enrolled in a program offered in modules is not considered withdrawn if the change in the student's attendance constitutes a change in enrollment status within the payment period rather than a discontinuance of attendance within the payment period2 and 7ii7 is considered withdrawn if the student follows the institution's official withdrawal procedures or leaves without notifying the institution and has not returned before the end of the payment period4 2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,b71 by striking clauses 7i7 and 7ii7 and inserting the following3 7i7 #j percent1 if the day the student withdrew occurs when the student has completed 7as determined in accordance with subsection 7d77 #j to #bd percent of the payment period or period of enrollment2 7ii7 #be percent1 if the day the student withdrew occurs when the student has completed 7as determined in accordance with subsection 7d77 #be to #di percent of the payment period or period of enrollment2 7iii7 #ej percent1 if the day the student withdrew occurs when the student has completed 7as determined in accordance with subsection 7d77 #ej to #gd percent of the payment period or period of enrollment2 or 7iv7 #ge percent1 if the day the student withdrew occurs when the student has completed 7as determined in accordance with subsection 7d77 #ge to #ii percent of the payment period or period of enrollment4 4 7ii7 in subparagraph 7,c77i71 by striking subparts #a and #c of part ,a1 or loan assistance under parts ,b1 ,d1 and inserting subpart #a of part ,a or loan assistance under parts ,d2 and 7,c7 in paragraph 7#d7-- 7i7 in subparagraph 7,a71 by striking ,secretary71 the institution of higher education shall contact the borrower and inserting ,secretary71 the institution of higher education shall have discretion to determine whether all or a portion of the late or post-withdrawal disbursement should be made1 under a publicized institutional policy4 ,if the institution of higher education determines that a disbursement should be made1 the institution shall contact the borrower2 and 7ii7 in subparagraph 7,b7 by striking institution or the student1 or both1 as may be required under paragraphs 7#a7 and 7#b7 of subsection 7b71 to the programs under this title in the order specified in and inserting institution1 as may be required under paragraph 7#a7 of subsection 7b71 to the programs under this title in accordance with2 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,return of title ,,iv program funds 7#a7 ,responsibility of the institution ,the institution shall return not later than #fj days from the determination of withdrawal1 in accordance with paragraph 7#c71 the amount of grant and loan assistance awarded under this title that has not been earned by the student1 as calculated under subsection 7a77#c77;,c74 7#b7 ,responsibility of the student 7,a7 ,in general ,the student is not responsible to return assistance that has not been earned1 except that the institution may require the student to pay to the institution up to #aj percent of the amount owed by the institution in paragraph 7#a74 7,b7 ,rule of construction ,nothing in this section shall be construed to prevent an institution from enforcing the published institutional refund policies of such institution4 7#c7 ,order of return of title ,,iv funds 7,a7 ,in general ,excess funds returned by the institution in accordance with paragraph 7#a7 shall be credited to awards under subpart #a of part ,a for the payment period or period of enrollment for which a return of funds is required4 7,b7 ,remaining excesses ,if excess funds remain after repaying all outstanding grant amounts1 the remaining excess shall be credited in the following order3 7i7 ,to outstanding balances on loans made under this title to the student or on behalf of the student for the payment period or period of enrollment for which a return of funds is required4 7ii7 ,to other assistance awarded under this title for which a return of funds is required4 2 7#c7 by amending subsection 7c7 to read as follows3 7c7 ,withdrawal date 7#a7 ,in general ,in this section1 the term day the student withdrew-- 7,a7 for institutions not required to take attendance1 is the date as determined by the institution that-- 7i7 the student began the withdrawal process prescribed and publicized by the institution1 or a later date if the student continued attendance despite beginning the withdrawal process1 but did not then complete the payment period2 or 7ii7 in the case of a student who does not begin the withdrawal process1 the date that is the mid-point of the payment period for which assistance under this title was disbursed or another date documented by the institution2 or 7,b7 for institutions required to take attendance1 is determined by the institution from such attendance records4 7#b7 ,special rule ,notwithstanding paragraph 7#a71 if the institution determines that a student did not begin the withdrawal process1 due to illness1 accident1 grievous personal loss1 or other such circumstances beyond the student's control1 the institution may determine the appropriate withdrawal date under its own defined policies4 7#c7 ,attendance ,an institution is required to take attendance if an institution's accrediting agency or ,state licensing agency has a requirement that the institution take attendance for all students in an academic program throughout the entire payment period4 2 and 7#d7 by striking subsections 7d7 and 7e74 #dhh4 ,information disseminated to prospective and enrolled students 7a7 ,use of website to disseminate information ,section #dhe7;a77#a7 7#bj ,u4,s4,c4 #ajib7;a77#a77 is amended in the matter preceding subparagraph 7,a7 by striking the second and third sentences and inserting the following3 ,the information required by this section shall be produced and be made readily available to enrolled and prospective students on the institution's website 7or in other formats upon request744 7b7 ,information on prohibiting copyright infringement ,section #dhe7;a77#a77,p7 7#bj ,u4,s4,c4 #ajib7;a77#a77,p77 is amended by striking 1 including-- and all that follows and inserting a period4 7c7 ,elimination of certain reporting requirements 7#a7 ,in general ,section #dhe7;a77#a7 7#bj ,u4,s4,c4 #ajib7;a77#a77 is amended-- 7,a7 by striking subparagraph 7,l72 7,b7 by redesignating subparagraphs 7,m7 through 7,p7 as subparagraphs 7,l7 through 7,o72 and 7,c7 by striking subparagraphs 7,q7 through 7,v7 and inserting the following3 7,p7 the fire safety report prepared by the institution pursuant to subsection 7i72 and 7,q7 the link to the institution's information on the ,college ,dashboard website operated under section #acb4 4 7#b7 ,conforming amendments ,section #dhe7;a7 7#bj ,u4,s4,c4 #ajib7;a77 is amended by striking paragraphs 7#c7 through 7#g74 7d7 ,exit counseling ,section #dhe7;b7 7#bj ,u4,s4,c4 #ajib7;b77 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 in the matter preceding clause 7i7-- 7i7 by striking through financial aid offices or otherwise and inserting through the use of an interactive program1 during an exit counseling session that is in-person or online1 or through the use of the online counseling tool described in subsection 7n77#a77;,a72 and 7ii7 by inserting 1 as in effect on the day before the date of enactment of the ,,prosper ,act and pursuant to section #dfa7;a7 of such ,act or made under part ,e 7other than ,federal ,,one ,parent ,loans71 as in effect on or after the date of enactment of the ,,prosper ,act after part ,e2 7,b7 by redesignating clauses 7i7 through 7ix7 as clauses 7iv7 through 7xii71 respectively2 7,c7 by inserting before clause 7iv71 as so redesignated1 the following3 7i7 a summary of the outstanding balance of principal and interest due on the loans made to the borrower under this title2 7ii7 an explanation of the grace period preceding repayment and the expected date that the borrower will enter repayment2 7iii7 an explanation of cases of interest capitalization and that the borrower has the option to pay any interest that has accrued while the borrower was in school or that may accrue during the grace period preceding repayment or during an authorized period of deferment or forbearance1 prior to the capitalization of the interest2 2 7,d7 in clause 7iv71 as so redesignated-- 7i7 by striking sample information showing the average and inserting information1 based on the borrower's outstanding balance described in clause 7i71 showing the borrower's2 and 7ii7 by striking of each plan and inserting of at least the standard repayment plan and the income-based repayment plan under section #dff7;d72 7,e7 in clause 7ix71 as so redesignated-- 7i7 by inserting decreased credit score1 after credit reports12 and 7ii7 by inserting potential reduced ability to rent or purchase a home or car1 potential difficulty in securing employment1 after ,federal law12 7,f7 in clause 7x71 as so redesignated1 by striking consolidation loan under section #dbh;,c or a2 7,g7 in clauses 7xi7 and 7xii71 as so redesignated1 by striking and at the end2 and 7,h7 by adding at the end the following3 7xiii7 for each of the borrower's loans made under this title for which the borrower is receiving counseling under this subsection1 the contact information for the servicer of the loan and a link to the ,website of such servicer2 and 7xiv7 an explanation that an individual has a right to annually request a disclosure of information collected by a consumer reporting agency pursuant to section #fab7;a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;j7a774 2 7#b7 in paragraph 7#a77;,b7-- 7,a7 by inserting online or before in writing2 and 7,b7 by adding before the period at the end the following3 1 except that in the case of an institution using the online counseling tool described in subsection 7n77#a77;,a71 the ,secretary shall attempt to provide such information to the student in the manner described in subsection 7n77#c77;,c72 and 7#c7 in paragraph 7#b77;,c71 by inserting 1 such as the online counseling tool described in subsection 7n77#a77;,a71 after electronic means4 7e7 ,departmental ,publication of ,descriptions of ,assistance ,programs ,the third sentence of section #dhe7;d77#a7 7#bj ,u4,s4,c4 #ajib7;d77#a77 is amended by striking part ,d and inserting part ,d or ,e4 7f7 ,amendments to ,clery ,act 7#a7 ,preventing interference with criminal justice proceedings2 timely warnings2 consistency of institutional crime reporting ,section #dhe7;f7 7#bj ,u4,s4,c4 #ajib7;f77 is amended-- 7,a7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,each institution participating in any program under this title1 other than a foreign institution of higher education1 shall make timely reports to the campus community on crimes described in paragraph 7#a77;,f7 that have been reported to campus security officials and pose a serious and continuing threat to other students and employees' safety4 ,such reports shall withhold the names of victims as confidential and shall be provided in a timely manner1 except that an institution may delay issuing a report if the issuance would compromise ongoing law enforcement efforts1 such as efforts to apprehend a suspect4 ,the report shall also include information designed to assist students and employees in staying safe and avoiding similar occurrences to the extent such information is available and appropriate to include4 ,in assessing institutional compliance with this section1 the ,secretary shall defer to the institution's determination of whether a particular crime poses a serious and continuing threat to the campus community1 and the timeliness of such warning1 provided that1 in making its decision1 the institution acted reasonably and based on the considered professional judgement of campus security officials1 based on the facts and circumstances known at the time4 2 7,b7 by redesignating paragraph 7#ah7 as paragraph 7#bj72 and 7,c7 by inserting after paragraph 7#ag7 the following3 7#ah7 ,nothing in this subsection may be construed to prohibit an institution of higher education from delaying the initiation of1 or suspending1 an investigation or institutional disciplinary proceeding involving an allegation of sexual assault in response to a request from a law enforcement agency or a prosecutor to delay the initiation of1 or suspend1 the investigation or proceeding1 and any delay or suspension of such an investigation or proceeding in response to such a request may not serve as the grounds for any sanction or audit finding against the institution or for the suspension or termination of the institution's participation in any program under this title4 7#ai7 7,a7 ,reporting carried out under this subsection shall be conducted in a manner to ensure maximum consistency with the ,uniform ,crime ,reporting ,program of the ,department of ,justice4 7,b7 ,the ,secretary shall require institutions of higher education to report crime statistics under this section using definitions of such crimes1 when available1 from the ,uniform ,crime ,reporting ,program of the ,department of ,justice4 7,c7 ,the ,secretary shall maintain a publicly available and updated list of all applicable definitions from the ,uniform ,crime ,reporting ,program of the ,department of ,justice4 7,d7 ,with respect to a report under this subsection1 in the case of a crime for which no ,uniform ,crime ,reporting ,program of the ,department of ,justice definition exists1 the ,secretary shall require that institutions of higher education report such crime according to a definition provided by the ,secretary4 7,e7 ,an institution of higher education that reports a crime described in subparagraph 7,d7 shall not be subject to any penalty or fine for reporting inaccuracies or omissions if the institution of higher education can demonstrate that it made a reasonable and good faith effort to report crimes consistent with the definition provided by the ,secretary4 7,f7 ,with respect to a report under this subsection1 the ,secretary shall require institutions of higher education to follow the ,hierarchy ,rule for reporting crimes under the ,uniform ,crime ,reporting ,program of the ,department of ,justice1 so as to minimize duplicate reporting and ensure greater consistency with national crime reporting systems4 4 7#b7 ,due process requirements for institutional disciplinary proceedings ,section #dhe7;f77#h77;,b77iv77,i7 7#bj ,u4,s4,c4 #ajib7;f77#h77;,b77iv77,i77 is amended to read as follows3 7,i7 the investigation of the allegation and any institutional disciplinary proceeding in response to the allegation shall be prompt1 impartial1 and fair to both the accuser and the accused by1 at a minimum-- 7aa7 providing all parties to the proceeding with adequate written notice of the allegation not later than #b weeks prior to the start of any formal hearing or similar adjudicatory proceeding1 and including in such notice a description of all rights and responsibilities under the proceeding1 a statement of all relevant details of the allegation1 and a specific statement of the sanctions which may be imposed2 7bb7 providing each person against whom the allegation is made with a meaningful opportunity to admit or contest the allegation2 7cc7 ensuring that all parties to the proceeding have access to all material evidence not later than one week prior to the start of any formal hearing or similar adjudicatory proceeding2 7dd7 ensuring that the proceeding is carried out free from conflicts of interest by ensuring that there is no commingling of administrative or adjudicative roles2 and 7ee7 ensuring that the investigation and proceeding shall be conducted by officials who receive annual education on issues related to domestic violence1 dating violence1 sexual assault1 and stalking1 and on how to conduct an investigation and an institutional disciplinary proceeding that protects the safety of victims1 ensures fairness for both the accuser and the accused1 and promotes accountability2 4 7#c7 ,establishment of standard of evidence for institutional disciplinary proceedings 7,a7 ,inclusion in statement of policy ,section #dhe7;f77#h77;,b7 7#bj ,u4,s4,c4 #ajib7;f77#h77;,b77 is amended by adding at the end the following new clause3 7viii7 ,the establishment of a standard of evidence that will be used in institutional disciplinary proceedings involving allegations of sexual assault1 which may be based on such standards and criteria as the institution considers appropriate 7including the institution's culture1 history1 and mission1 the values reflected in its student code of conduct1 and the purpose of the institutional disciplinary proceedings7 so long as the standard is not arbitrary or capricious and is applied consistently throughout all such proceedings4 4 7,b7 ,conforming amendments ,section #dhe7;f77#h77;,b77iv7 7#bj ,u4,s4,c4 #ajib7;f77#h77;,b77iv77 is amended-- 7i7 by striking and at the end of subclause 7,,ii72 7ii7 by striking the period at the end of subclause 7,,iii7 and inserting 2 and2 and 7iii7 by adding at the end the following new subclause3 7,,iv7 in the case of a proceeding involving an allegation of sexual assault1 such proceedings shall be conducted in accordance with the standard of evidence established by the institution under clause 7viii71 together with a clear statement describing such standard of evidence4 4 7#d7 ,education modules for officials conducting investigations and institutional disciplinary proceedings ,section #dhe7;f77#h7 7#bj ,u4,s4,c4 #ajib7;f77#h77 is amended by adding at the end the following new subparagraph3 7,d7 ,in consultation with experts from institutions of higher education1 law enforcement agencies1 advocates for sexual assault victims1 experts in due process1 and other appropriate persons1 the ,secretary shall create and regularly update modules which an institution of higher education may use to provide the annual education described in subparagraph 7,b77iv77,i77ee7 for officials conducting investigations and institutional disciplinary proceedings involving allegations described in such subparagraph4 ,if the institution uses such modules to provide the education described in such subparagraph1 the institution shall be considered to meet any requirement under such subparagraph or any other ,federal law regarding the education provided to officials conducting such investigations and proceedings4 4 7g7 ,modification of certain reporting requirements 7#a7 ,fire safety ,section #dhe7;i7 7#bj ,u4,s4,c4 #ajib7;i77 is amended to read as follows3 7i7 ,fire safety reports 7#a7 ,annual report ,each eligible institution participating in any program under this title that maintains on-campus student housing facilities shall1 on an annual basis1 publish a fire safety report1 which shall contain information with respect to the campus fire safety practices and standards of that institution1 statistics on any fire related incidents or injuries1 and any preventative measures or technologies4 7#b7 ,rules of construction ,nothing in this subsection shall be construed to-- 7,a7 authorize the ,secretary to require particular policies1 procedures1 programs1 or practices by institutions of higher education with respect to fire safety2 7,b7 affect section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,education ,rights and ,privacy ,act of #aigd7 or the regulations issued under section #bfd of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;d-#b note72 7,c7 create a cause of action against any institution of higher education or any employee of such an institution for any civil liability2 or 7,d7 establish any standard of care4 7#c7 ,evidence ,notwithstanding any other provision of law1 evidence regarding compliance or noncompliance with this subsection shall not be admissible as evidence in any proceeding of any court1 agency1 board1 or other entity1 except with respect to an action to enforce this subsection4 4 7#b7 ,missing persons procedures 7,a7 ,in general ,section #dhe7;j77#a7 7#bj ,u4,s4,c4 #ajib7;j77#a77 is amended to read as follows3 7#a7 ,in general ,each institution of higher education that provides on-campus housing and participates in any program under this title shall establish a missing student policy for students who reside in on-campus housing that1 at a minimum1 informs each residing student that the institution will notify such student's designated emergency contact and the appropriate law enforcement agency not later than #bd hours after the time that the student is determined missing1 and in the case of a student who is under #ah years of age1 the institution will notify a custodial parent or guardian4 4 7,b7 ,rule of construction ,section #dhe7;j77#b7 7#bj ,u4,s4,c4 #ajib7;j77#b77 is amended-- 7i7 by striking or at the end of subparagraph 7,a72 7ii7 by striking the period at the end of subparagraph 7,b7 and inserting 2 or2 and 7iii7 by adding at the end the following new subparagraph3 7,c7 to require an institution of higher education to maintain separate missing student emergency contact information1 so long as the institution otherwise has an emergency contact for students residing on campus4 4 7h7 ,annual counseling ,section #dhe7l7 7#bj ,u4,s4,c4 #ajib7l77 is amended to read as follows3 7l7 ,annual financial aid counseling 7#a7 ,annual disclosure required 7,a7 ,in general ,each eligible institution shall ensure1 and annually affirm to the ,secretary1 that each individual enrolled at such institution who receives a ,federal ,pell ,grant or a loan made under this title 7other than a ,federal ,direct ,consolidation ,loan or ,federal ,,one ,consolidation ,loan7 receives comprehensive information on the terms and conditions of such ,federal ,pell ,grant or loan and the responsibilities the individual has with respect to such ,federal ,pell ,grant or loan4 ,such information shall be provided1 for each award year for which the individual receives such ,federal ,pell ,grant or loan1 in a simple and understandable manner-- 7i7 during a counseling session conducted in person2 7ii7 online1 with the individual acknowledging receipt of the information2 or 7iii7 through the use of the online counseling tool described in subsection 7n77#a77;,b74 7,b7 ,use of interactive programs ,in the case of institutions not using the online counseling tool described in subsection 7n77#a77;,b71 the ,secretary shall require such institutions to carry out the requirements of subparagraph 7,a7-- 7i7 through the use of interactive programs2 7ii7 during an annual counseling session that is in-person or online that tests the individual's understanding of the terms and conditions of the ,federal ,pell ,grant or loan awarded to the student2 and 7iii7 using simple and understandable language and clear formatting4 7#b7 ,all individuals ,the information to be provided under paragraph 7#a7 to each individual receiving counseling under this subsection shall include the following3 7,a7 ,an explanation of how the student may budget for typical educational expenses and a sample budget based on the cost of attendance for the institution4 7,b7 ,an explanation that an individual has a right to annually request a disclosure of information collected by a consumer reporting agency pursuant to section #fab7;a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;j7a774 7,c7 ,based on the most recent data available from the ,american ,community ,survey available from the ,department of ,commerce1 the estimated average income and percentage of employment in the ,state of domicile of the borrower for persons with-- 7i7 a high school diploma or equivalent2 7ii7 some post-secondary education without completion of a degree or certificate2 7iii7 an associate's degree2 7iv7 a bachelor's degree2 and 7v7 a graduate or professional degree4 7,d7 ,an introduction to the financial management resources provided by the ,financial ,literacy and ,education ,commission4 7#c7 ,students receiving ,federal ,pell ,grants ,the information to be provided under paragraph 7#a7 to each student receiving a ,federal ,pell ,grant shall include the following3 7,a7 ,an explanation of the terms and conditions of the ,federal ,pell ,grant4 7,b7 ,an explanation of approved educational expenses for which the student may use the ,federal ,pell ,grant4 7,c7 ,an explanation of why the student may have to repay the ,federal ,pell ,grant4 7,d7 ,an explanation of the maximum number of semesters or equivalent for which the student may be eligible to receive a ,federal ,pell ,grant1 and a statement of the amount of time remaining for which the student may be eligible to receive a ,federal ,pell ,grant4 7,e7 ,an explanation that if the student transfers to another institution not all of the student's courses may be acceptable to apply toward meeting specific degree or program requirements at such institution1 but the amount of time remaining for which a student may be eligible to receive a ,federal ,pell ,grant1 as provided under subparagraph 7,d71 will not change4 7,f7 ,an explanation of how the student may seek additional financial assistance from the institution's financial aid office due to a change in the student's financial circumstances1 and the contact information for such office4 7#d7 ,borrowers receiving loans made this title 7other than ,federal ,direct ,,plus ,loans made on behalf of dependent students or ,federal ,,one ,parent ,loans7 ,the information to be provided under paragraph 7#a7 to a borrower of a loan made under this title 7other than other than a ,federal ,direct ,,plus ,loan made on behalf of a dependent student or a ,federal ,,one ,parent ,loan7 shall include the following3 7,a7 ,to the extent practicable1 the effect of accepting the loan to be disbursed on the eligibility of the borrower for other forms of student financial assistance4 7,b7 ,an explanation of the use of the master promissory note4 7,c7 ,an explanation that the borrower is not required to accept the full amount of the loan offered to the borrower4 7,d7 ,an explanation that the borrower should consider accepting any grant1 scholarship1 or ,state or ,federal work-study jobs for which the borrower is eligible prior to accepting ,federal student loans4 7,e7 ,an explanation of treatment of loans made under this title and private education loans in bankruptcy1 and an explanation that if a borrower decides to take out a private education loan-- 7i7 the borrower has the ability to select a private educational lender of the borrower's choice2 7ii7 the proposed private education loan may impact the borrower's potential eligibility for other financial assistance1 including ,federal financial assistance under this title2 and 7iii7 the borrower has a right-- 7,i7 to accept the terms of the private education loan within #cj calendar days following the date on which the application for such loan is approved and the borrower receives the required disclosure documents1 pursuant to section #abh7;e77#f7 of the ,truth in ,lending ,act2 and 7,,ii7 to cancel such loan within #c business days of the date on which the loan is consummated1 pursuant to section #abh7;e77#g7 of such ,act4 7,f7 ,an explanation of the approved educational expenses for which the borrower may use a loan made under this title4 7,g7 ,information on the annual and aggregate loan limits for a loan made under this title4 7,h7 ,information on interest1 including the annual percentage rate of such loan1 as calculated using the standard #aj-year repayment term1 and how interest accrues and is capitalized during periods when the interest is not paid by the borrower4 7,i7 ,the option of the borrower to pay the interest while the borrower is in school4 7,j7 ,the definition of half-time enrollment at the institution1 during regular terms and summer school1 if applicable1 and the consequences of not maintaining at least half-time enrollment4 7,k7 ,an explanation of the importance of contacting the appropriate offices at the institution of higher education if the borrower withdraws prior to completing the borrower's program of study so that the institution can provide exit counseling1 including information regarding the borrower's repayment options and loan consolidation4 7,l7 ,for a first-time borrower or a borrower of a loan under this title who owes no principal or interest on such loan-- 7i7 a statement of the anticipated balance on the loan for which the borrower is receiving counseling under this subsection2 7ii7 based on such anticipated balance1 the anticipated monthly payment amount under1 at minimum-- 7,i7 the standard repayment plan2 and 7,,ii7 an income-based repayment plan under section #dff7;d7 or #dic;,c1 as determined using available percentile data from the ,bureau of ,labor ,statistics of the starting salary for the occupation in which the borrower has an interest in or intends to be employed2 and 7iii7 an estimate of the projected monthly payment amount under each repayment plan described in clause 7ii71 based on the average cumulative indebtedness at graduation for borrowers of loans made under this title who are in the same program of study as the borrower4 7,m7 ,for a borrower with an outstanding balance of principal or interest due on a loan made under this title-- 7i7 a current statement of the amount of such outstanding balance and interest accrued2 7ii7 based on such outstanding balance1 the anticipated monthly payment amount under the standard repayment plan1 and the income-based repayment plan under section #dff7;d7 or #dic;,c1 as determined using available percentile data from the ,bureau of ,labor ,statistics of the starting salary for the occupation the borrower intends to be employed2 and 7iii7 an estimate of the projected monthly payment amount under each repayment plan described in clause 7ii71 based on-- 7,i7 the outstanding balance described in clause 7i72 7,,ii7 the anticipated outstanding balance on the loan for which the student is receiving counseling under this subsection2 and 7,,iii7 a projection for any other loans made under this title that the borrower is reasonably expected to accept during the borrower's program of study based on at least the expected increase in the cost of attendance of such program4 7,n7 ,the obligation of the borrower to repay the full amount of the loan1 regardless of whether the borrower completes or does not complete the program in which the borrower is enrolled within the regular time for program completion4 7,o7 ,the likely consequences of default on the loan1 including adverse credit reports1 delinquent debt collection procedures under ,federal law1 and litigation1 and a notice of the institution's most recent loan repayment rate 7as defined in section #dha;,b7 for the educational program in which the borrower is enrolled1 an explanation of the loan repayment rate1 and the most recent national average loan repayment rate for an educational program4 7,p7 ,information on the ,national ,student ,loan ,data ,system and how the borrower can access the borrower's records4 7,q7 ,the contact information for the institution's financial aid office or other appropriate office at the institution 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#e7 ,borrowers receiving ,federal ,direct ,,plus ,loans for dependent students or ,federal ,,one ,parent ,loans ,the information to be provided under paragraph 7#a7 to a borrower of a ,federal ,direct ,,plus ,loan for a dependent student or a ,federal ,,one ,parent ,loan shall include the following3 7,a7 ,the information described in subparagraphs 7,a7 through 7,c7 and 7,n7 through 7,q7 of paragraph 7#d74 7,b7 ,an explanation of the treatment of the loan and private education loans in bankruptcy4 7,c7 ,information on the annual and aggregate loan limits4 7,d7 ,information on the annual percentage rate of the loan4 7,e7 ,the option of the borrower to pay the interest on the loan while the loan is in deferment4 7,f7 ,for a first-time borrower of a loan or a borrower of a loan under this title who owes no principal or interest on such loan-- 7i7 a statement of the anticipated balance on the loan for which the borrower is receiving counseling under this subsection2 7ii7 based on such anticipated balance1 the anticipated monthly payment amount under the standard repayment plan2 and 7iii7 an estimate of the projected monthly payment amount under the standard repayment plan1 based on the average cumulative indebtedness of other borrowers of loans made under this title on behalf of dependent students who are in the same program of study as the student on whose behalf the borrower borrowed the loan4 7,g7 ,for a borrower with an outstanding balance of principal or interest due on such loan-- 7i7 a statement of the amount of such outstanding balance2 7ii7 based on such outstanding balance1 the anticipated monthly payment amount under the standard repayment plan2 and 7iii7 an estimate of the projected monthly payment amount under the standard repayment plan1 based on-- 7,i7 the outstanding balance described in clause 7i72 7,,ii7 the anticipated outstanding balance on the loan for which the borrower is receiving counseling under this subsection2 and 7,,iii7 a projection for any other ,federal ,direct ,,plus ,loan made on behalf of the dependent student or ,federal ,,one ,parent ,loan that the borrower is reasonably expected to accept during the program of study of such student based on at least the expected increase in the cost of attendance of such program4 7,h7 ,debt management strategies that are designed to facilitate the repayment of such indebtedness4 7,i7 ,an explanation that the borrower has the options to prepay each loan1 pay each loan on a shorter schedule1 and change repayment plans4 7,j7 ,for each ,federal ,direct ,,plus ,loan and each ,federal ,,one ,parent ,loan for which the borrower is receiving counseling under this subsection1 the contact information for the loan servicer of the loan and a link to such servicer's ,website4 7#f7 ,annual loan acceptance ,prior to making the first disbursement of a loan made under this title 7other than a ,federal ,direct ,consolidation ,loan or ,federal ,,one ,consolidation ,loan7 to a borrower for an award year1 an eligible institution1 shall1 as part of carrying out the counseling requirements of this subsection for the loan1 ensure that after receiving the applicable counseling under paragraphs 7#b71 7#d71 and 7#e7 for the loan the borrower accepts the loan for such award year by-- 7,a7 signing the master promissory note for the loan2 7,b7 signing and returning to the institution a separate written statement that affirmatively states that the borrower accepts the loan2 or 7,c7 electronically signing an electronic version of the statement described in subparagraph 7,b74 7#g7 ,prohibition ,an institution of higher education may not counsel a borrower of a loan under this title to divorce or separate and live apart from one another for the purpose of qualifying for1 or obtaining an increased amount of1 ,federal financial assistance under this ,act4 7#h7 ,construction ,nothing in this section shall be construed to prohibit an eligible institution from providing additional information and counseling services to recipients of ,federal student aid under this title4 4 7i7 ,online counseling tools ,section #dhe 7#bj ,u4,s4,c4 #ajib7 is further amended by adding at the end the following3 7n7 ,online counseling tools 7#a7 ,in general ,beginning not later than #a year after the date of enactment of the ,,prosper ,act1 the ,secretary shall maintain-- 7,a7 an online counseling tool that provides the exit counseling required under subsection 7b7 and meets the applicable requirements of this subsection2 and 7,b7 an online counseling tool that provides the annual counseling required under subsection 7l7 and meets the applicable requirements of this subsection4 7#b7 ,requirements of tools ,in maintaining the online counseling tools described in paragraph 7#a71 the ,secretary shall ensure that each such tool is-- 7,a7 consumer tested to ensure that the tool is effective in helping individuals understand their rights and obligations with respect to borrowing a loan made this title or receiving a ,federal ,pell ,grant2 7,b7 understandable to students receiving ,federal ,pell ,grants and borrowers of loans made this title2 and 7,c7 freely available to all eligible institutions4 7#c7 ,record of counseling completion ,the ,secretary shall-- 7,a7 use each online counseling tool described in paragraph 7#a7 to keep a record of which individuals have received counseling using the tool1 and notify the applicable institutions of the individual's completion of such counseling2 7,b7 in the case of a borrower who receives annual counseling for a loan made under this title using the tool described in paragraph 7#a77;,b71 notify the borrower by when the borrower should accept1 in a manner described in subsection 7l77#f71 the loan for which the borrower has received such counseling2 and 7,c7 in the case of a borrower described in subsection 7b77#a77;,b7 at an institution that uses the online counseling tool described in paragraph 7#a77;,a7 of this subsection1 the ,secretary shall attempt to provide the information described in subsection 7b77#a77;,a7 to the borrower through such tool4 4 7j7 ,preventing hazing on campus ,section #dhe 7#bj ,u4,s4,c4 #ajib7 is further amended by adding at the end the following3 7o7 ,preventing hazing on campus 7#a7 ,sense of ,congress ,it is the ,sense of ,congress that-- 7,a7 institutions of higher education should have clear policies that prohibit unsafe practices1 such as hazing1 on campus2 7,b7 institutions of higher education should ensure each student organization understands what is considered an unsafe practice2 7,c7 student organizations on campus should ensure their policies and activities do not endanger students safety or cause harm to students2 7,d7 administrators and faculty should take seriously any threats or acts of harm to students through activities organized by student organizations and act quickly to prevent any potential harm to students by these groups2 7,e7 institutions of higher education should ensure law enforcement has access to investigate any crimes committed by student organizations without obstruction from the students1 student organization1 administrators1 or faculty2 and 7,f7 hazing is a dangerous practice and should not be allowed on any campus4 7#b7 ,disclosure of policies ,each institution of higher education participating in any program under this title shall ensure that-- 7,a7 all policies and required procedures related to hazing are clearly posted for students1 faculty1 and administrators2 and 7,b7 all student organizations are aware of-- 7i7 the policies described in subparagraph 7,a71 including all prohibited activities2 and 7ii7 the dangers of hazing4 7#c7 ,hazing defined ,in this subsection1 the term hazing means any intentional1 knowing1 or reckless act committed by a student1 or a former student1 of an institution of higher education1 whether individually or with other persons1 against another student1 that-- 7,a7 was committed in connection with an initiation into1 an affiliation with1 or the maintenance of membership in1 any organization that is affiliated with such institution of higher education2 and 7,b7 7i7 contributes to a substantial risk of physical injury1 mental harm1 or personal degradation2 or 7ii7 causes physical injury1 mental harm or personal degradation4 4 #dhi4 ,early awareness of financial aid eligibility ,section #dhe;,e 7#bj ,u4,s4,c4 #ajib;f7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 strike ,the ,secretary1 and insert ,to improve the financial and economic literacy of students and parents of students in order to make informed decisions with respect to financing postsecondary education1 the ,secretary12 7ii7 by striking junior year and inserting sophomore year2 7iii7 by striking ,the ,secretary shall ensure that and inserting ,the ,secretary shall-- 7,a7 ensure that 2 and 7iv7 by adding at the end the following3 7,b7 create an online platform-- 7i7 for ,states1 institutions of higher education1 other organizations involved in college access and student financial aid1 secondary schools1 and programs under this title that serve secondary school students to share best practices on disseminating information under this section2 and 7ii7 on which the ,secretary shall annually-- 7,i7 summarize such best practices2 and 7,,ii7 describe the notification and dissemination activities carried out under this section4 4 7,b7 in paragraph 7#d7-- 7i7 in the first sentence-- 7,i7 by striking ,not later than two years after the date of enactment of the ,higher ,education ,opportunity ,act1 the and inserting ,the2 and 7,,ii7 by inserting continue to before implement2 and 7ii7 in the second sentence1 by striking the ,internet and inserting the ,internet1 including through social media2 and 7#b7 by adding at the end the following3 7c7 ,online estimator tool 7#a7 ,in general ,not later than #a year after the date of enactment of the ,,prosper ,act1 the ,secretary1 in consultation with ,states1 institutions of higher education1 and other individuals with experience or expertise in student financial assistance application processes1 shall develop an early estimator tool to be available online and through a mobile application1 which-- 7,a7 allows an individual to-- 7i7 enter basic financial and other relevant information2 and 7ii7 on the basis of such information1 receive non-binding estimates of potential ,federal grant1 loan1 or work study assistance under this title for which a student may be eligible upon completion of an application form under section #dhc7;a72 7,b7 with respect to each institution of higher education that participates in a program under this title selected by an individual for purposes of the estimator tool1 provides the individual with the net price 7as defined in section #acb7 for the income category described in paragraph 7#b7 that is determined on the basis of the information under subparagraph 7,a77i7 of this paragraph entered by the individual2 7,c7 includes a clear and conspicuous disclaimer that the amounts calculated using the estimator tool are estimates based on limited financial information1 and that-- 7i7 each such estimate-- 7,i7 in the case of an estimate under subparagraph 7,a71 is only an estimate and does not represent a final determination1 or actual award1 of financial assistance under this title2 7,,ii7 in the case of an estimate under subparagraph 7,b71 is only an estimate and not a guarantee of the actual amount that a student may be charged2 7,,iii7 shall not be binding on the ,secretary or an institution of higher education2 and 7,,iv7 may change2 and 7ii7 a student must complete an application form under section #dhc7;a7 in order to be eligible for1 and receive1 an actual financial aid award that includes ,federal grant1 loan1 or work study assistance under this title2 and 7,d7 includes a clear and conspicuous explanation of the differences between a grant and a loan1 and that an individual will be required to repay any loan borrowed by the individual4 7#b7 ,income categories ,the income categories for purposes of paragraph 7#a77;,b7 are as follows3 7,a7 #j to #cj1jjj4 7,b7 #cj1jja to #dh1jjj4 7,c7 #dh1jja to #ge1jjj4 7,d7 #ge1jja to #aaj1jjj4 7,e7 #aaj1jja to #aej1jjj4 7,f7 ,over #aej1jjj4 7#c7 ,consumer testing ,in developing and maintaining the estimator tool described in paragraph 7#a71 the ,secretary shall conduct consumer testing with appropriate persons1 including current and prospective college students1 family members of such students1 and other individuals with expertise in student financial assistance application processes and college access1 to ensure that such tool is easily understandable by students and families and effective in communicating early aid eligibility4 7#d7 ,data storage prohibited ,in carrying out this subsection1 the ,secretary shall not keep1 store1 or warehouse any data inputted by individuals accessing the tool described in paragraph 7#a74 7d7 ,pell table 7#a7 ,in general ,the ,secretary shall develop1 and annually update at the beginning of each award year1 the following electronic tables to be utilized in carrying out this section and containing the information described in paragraph 7#b7 of this subsection3 7,a7 ,an electronic table for dependent students4 7,b7 ,an electronic table for independent students with dependents other than a spouse4 7,c7 ,an electronic table for independent students without dependents other than a spouse4 7#b7 ,information ,each electronic table under paragraph 7#a71 with respect to the category of students to which the table applies for the most recently completed award year for which information is available1 and disaggregated in accordance with paragraph 7#c71 shall contain the following information3 7,a7 ,the percentage of undergraduate students attending an institution of higher education on a full-time1 full-academic year basis who file the financial aid form prescribed under section #dhc for the award year and received1 for their first academic year during such award year 7and not for any additional payment periods after such first academic year71 the following3 7i7 ,a ,federal ,pell ,grant equal to the maximum amount of a ,federal ,pell ,grant award determined under section #dja7;b77#b7 for such award year4 7ii7 ,a ,federal ,pell ,grant in an amount that is-- 7,i7 less than the maximum amount described in clause 7i72 and 7,,ii7 not less than #c_/d of such maximum amount for such award year4 7iii7 ,a ,federal ,pell ,grant in an amount that is-- 7,i7 less than #c_/d of such maximum amount2 and 7,,ii7 not less than of such maximum amount for such award year4 7iv7 ,a ,federal ,pell ,grant in an amount that is-- 7,i7 less than of such maximum amount2 and 7,,ii7 not less than the minimum ,federal ,pell ,grant amount determined under section #dja7;b77#d7 for such award year4 7,b7 ,the dollar amounts equal to-- 7i7 the maximum amount of a ,federal ,pell ,grant award determined under section #dja7;b77#b7 for an award year2 7ii7 #c_/d of such maximum amount2 7iii7 of such maximum amount2 and 7iv7 the minimum ,federal ,pell ,grant amount determined under section #dja7;b77#d7 for such award year4 7,c7 ,a clear and conspicuous notice that-- 7i7 the ,federal ,pell ,grant amounts listed in subparagraph 7,b7 are for a previous award year1 and such amounts and the requirements for awarding such amounts may be different for succeeding award years2 and 7ii7 the ,federal ,pell ,grant amount for which a student may be eligible will be determined based on a number of factors1 including enrollment status1 once the student completes an application form under section #dhc7;a74 7,d7 ,a link to the early estimator tool described in subsection 7c7 of this section1 which includes an explanation that an individual may estimate a student's potential ,federal aid eligibility under this title by accessing the estimator on the individual's mobile phone or online4 7#c7 ,income categories ,the information provided under paragraph 7#b77;,a7 shall be disaggregated by the following income categories3 7,a7 ,less than #e1jjj4 7,b7 #e1jjj to #i1iii4 7,c7 #aj1jjj to #ai1iii4 7,d7 #bj1jjj to #bi1iii4 7,e7 #cj1jjj to #ci1iii4 7,f7 #dj1jjj to #di1iii4 7,g7 #ej1jjj to #ei1iii4 7,h7 ,greater than #ei1iii4 7e7 ,limitation ,the ,secretary may not require a ,state to participate in the activities or disseminate the materials described in this section4 4 #dij4 ,distance education demonstration programs ,section #dhf 7#bj ,u4,s4,c4 #ajic7;b77 is repealed4 #dia4 ,contents of program participation agreements 7a7 ,program participation agreements ,section #dhg7;a7 7#bj ,u4,s4,c4 #ajid7;a77 is amended in the matter before paragraph 7#a7 by striking 1 except with respect to a program under subpart #d of part ,a4 7b7 ,perkins conforming changes ,section #dhg7;a77#e7 7#bj ,u4,s4,c4 #ajid7;a77#e77 is amended by striking and1 in the case of an institution participating in a program under part ,b or part ,e1 to holders of loans made to the institution's students under such parts4 7c7 ,certifications to lenders ,section #dhg7;a7 7#bj ,u4,s4,c4 #ajid7;a77 is amended by striking paragraph 7#f74 7d7 ,state grant assistance ,section #dhg7;a77#i7 7#bj ,u4,s4,c4 #ajid7;a77#i77 is amended by striking in a program under part ,b or ,d and inserting in a loan program under this title4 7e7 ,opioid misuse and substance abuse prevention program ,section #dhg7;a77#aj7 7#bj ,u4,s4,c4 #ajid7;a77#aj77 is amended by inserting under section #aah after drug abuse prevention program4 7f7 ,repayment success plan ,section #dhg7;a77#ad7 7#bj ,u4,s4,c4 #ajid7;a77#ad77 is amended-- 7#a7 by striking under part ,b or ,d both places it appears and inserting a loan program under this title2 7#b7 by striking ,default ,management ,plan both places it appears and inserting ,repayment ,success ,plan2 and 7#c7 in subparagraph 7,c71 by striking a cohort default rate in excess of #aj percent both places it appears and inserting any program with a loan repayment rate less than #fe percent4 7g7 ,commissions to ,third-,party ,entities ,section #dhg7;a77#bj7 7#bj ,u4,s4,c4 #ajid7;a77#bj77 is amended-- 7#a7 by striking ,the institution and inserting 7,a7 ,except as provided in subparagraph 7,b71 the institution2 and 7#b7 by adding at the end the following new subparagraph3 7,b7 ,an institution described in section #aja may provide payment1 based on-- 7i7 the amount of tuition generated by the institution from student enrollment1 to a third-party entity that provides a set of services to the institution that includes student recruitment services1 regardless of whether the third-party entity is affiliated with an institution that provides educational services other than the institution providing such payment1 if-- 7,i7 the third-party entity is not affiliated with the institution providing such payment2 7,,ii7 the third-party entity does not make compensation payments to its employees that would be prohibited under subparagraph 7,a7 if such payments were made by the institution2 7,,iii7 the set of services provided to the institution by the third-party entity include services in addition to student recruitment services1 and the institution does not pay the third-party entity solely or separately for student recruitment services provided by the third-party entity2 and 7,,iv7 any student recruitment information available to the third-party entity1 including personally identifiable information1 will not be used by1 shared with1 or sold to any other person or entity1 including any institution that is affiliated with the third-party entity1 unless written consent is provided by the student2 and 7ii7 students successfully completing their educational programs1 to persons who were engaged in recruiting such students1 but solely to the extent that such payments-- 7,i7 are obligated to be paid1 and are actually paid1 only after each student upon whom such payments are based has successfully completed his or her educational program2 and 7,,ii7 are paid only to employees of the institution or its parent company1 and not to any other person or outside entity4 4 7h7 ,clarification of ,proof of ,authority to ,operate ,within a ,state ,section #dhg7;a77#ba7 7#bj ,u4,s4,c4 #ajid7;a77#ba77 is amended by striking within a ,state and inserting within a ,state in which it maintains a physical location4 7i7 ,distribution of ,voter ,registration ,forms ,section #dhg7;a77#bc7 7#bj ,u4,s4,c4 #ajid7;a77#bc77 is amended to read as follows3 7#bc7 ,the institution1 if located in a ,state to which section #d7;b7 of the ,national ,voter ,registration ,act of #aiic 7#db ,u4,s4,c4 #aigc;gg-#b7;b77 does not apply1 will make a good faith effort to distribute1 including through electronic transmission1 voter registration forms to students enrolled and physically in attendance at the institution4 4 7j7 ,prohibiting ,copyright ,infringement ,section #dhg7;a77#bi7 7#bj ,u4,s4,c4 #ajid7;a77#bi77 is amended to read as follows3 7#bi7 ,the institution will have a policy prohibiting copyright infringement4 4 7k7 ,modifications to preferred lender list requirements ,section #dhg7;h77#a7 7#bj ,u4,s4,c4 #ajid7;h77#a77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7i71 by inserting and after the semicolon2 7,b7 by striking clause 7ii72 and 7,c7 by redesignating clause 7iii7 as clause 7ii72 7#b7 in subparagraph 7,d71 by inserting and after the semicolon2 7#c7 in subparagraph 7,e71 by striking 2 and and inserting a period2 and 7#d7 by striking subparagraphs 7,c7 and 7,f7 and redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,c7 and 7,d71 respectively4 7l7 ,elimination of non-title ,,iv revenue requirement ,section #dhg 7#bj ,u4,s4,c4 #ajid71 is further amended-- 7#a7 in subsection 7a71 by striking paragraph 7#bd72 7#b7 by striking subsection 7d72 and 7#c7 by redesignating subsections 7e7 through 7j7 as subsections 7d7 through 7i71 respectively4 7m7 ,conforming amendments ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 is amended-- 7#a7 in section #dhg7;a7 7#bj ,u4,s4,c4 #ajid7;a771 as amended by this section-- 7,a7 by redesignating paragraphs 7#g7 through 7#bc71 as paragraphs 7#f7 through 7#bb71 respectively2 and 7,c7 by redesignating paragraphs 7#be7 through 7#bi7 as paragraphs 7#bc7 through 7#bg71 respectively2 7#b7 in section #dhg7;c77#a77;,a77iii7 7#bj ,u4,s4,c4 #ajid7;c77#a77;,a77iii771 by striking section #ajb7;a77#a77;,c7 and inserting section #ajb7;a77#a72 and 7#c7 in section #dhg7;h77#d7 7#bj ,u4,s4,c4 #ajid7;h77#d771 as redesignated by subsection 7l77#c71 by striking section #ajb and inserting section #aja or #ajb4 #dib4 ,regulatory relief and improvement ,section #dhg;,a 7#bj ,u4,s4,c4 #ajid;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking ,the ,secretary is authorized to and inserting ,the ,secretary shall2 and 7,b7 in paragraph 7#e71 by inserting at least once every two years before the period at the end2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in the paragraph heading1 by inserting ,annual before ,report2 and 7ii7 by striking the first sentence and inserting ,the ,secretary shall review the experience1 and rigorously evaluate the activities1 of all institutions participating as experimental sites and shall1 on an annual basis1 submit a report based on the review and evaluation findings to the authorizing committees42 7,b7 in paragraph 7#c71 by amending subparagraph 7,a7 to read as follows3 7,a7 ,in general 7i7 ,experimental sites ,the ,secretary is authorized periodically to select a limited number of institutions for voluntary participation as experimental sites to provide recommendations to the ,secretary and to the ,congress on the impact and effectiveness of proposed regulations or new management initiatives4 7ii7 ,congressional notice and comments required 7,i7 ,notice ,prior to announcing a new experimental site and inviting institutions to participate1 the ,secretary shall provide to the authorizing committees a notice that shall include-- 7aa7 a description of the proposed experiment and rationale for the proposed experiment2 and 7bb7 a list of the institutional requirements the ,secretary expects to waive and the legal authority for such waivers4 7,,ii7 ,congressional comments ,the ,secretary shall not proceed with announcing a new experimental site and inviting institutions to participate until #aj days after the ,secretary-- 7aa7 receives and addresses all comments from the authorizing committees2 and 7bb7 responds to such committees in writing with an explanation of how such comments have been addressed4 7iii7 ,prohibition ,the ,secretary is not authorized to carry out clause 7i7 in any year in which an annual report described in paragraph 7#b7 relating to the previous year is not submitted to the authorizing committees4 2 7,c7 in paragraph 7#d77;,a71 by striking biennial and inserting annual2 and 7,d7 by striking paragraph 7#a7 and redesignating paragraphs 7#b7 through 7#d7 as paragraphs 7#a7 through 7#c71 respectively4 #dic4 ,transfer of allotments ,section #dhh 7#bj ,u4,s4,c4 #ajie7 is amended-- 7#a7 by inserting 1 as in effect on the day before the date of enactment of the ,,prosper ,act1 after section #dfb2 and 7#b7 by inserting 1 as in effect on the day before the date of enactment of the ,,prosper ,act1 after or #dfb4 #did4 ,administrative expenses ,section #dhi7;a7 7#bj ,u4,s4,c4 #ajif7;a77 is amended-- 7#a7 in the second sentence-- 7,a7 by striking subpart #c of part ,a or part ,c1 and inserting part ,c 2 and 7,b7 by striking or under part ,e of this title2 and 7#b7 in the third sentence-- 7,a7 by striking its grants to students under subpart #c of part ,a12 and 7,b7 by striking 1 and the principal amount of loans made during such fiscal year from its student loan fund established under part ,e1 excluding the principal amount of any such loans which the institution has referred under section #dfc7;a77#d77;,b74 #did;,a4 ,repeal of advisory committee ,section #dia 7#bj ,u4,s4,c4 #ajih7 is repealed4 #did;,b4 ,regional meetings and negotiated rulemaking ,section #dib 7#bj ,u4,s4,c4 #ajih;a7 is amended-- 7#a7 by redesignating subsections 7c7 and 7d7 as subsections 7f7 and 7g71 respectively2 and 7#b7 by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,in general ,the ,secretary may1 in accordance with this section1 issue such regulations as are reasonably necessary to ensure compliance with this title4 7b7 ,public involvement ,the ,secretary shall obtain public involvement in the development of proposed regulations for this title4 ,before carrying out a negotiated rulemaking process as described in subsection 7d7 or publishing in the ,federal ,register proposed regulations to carry out this title1 the ,secretary shall obtain advice and recommendations from individuals1 and representatives of groups1 involved in student financial assistance programs under this title1 such as students1 institutions of higher education1 financial aid administrators1 accrediting agencies or associations1 ,state student grant agencies1 guaranty agencies1 lenders1 secondary markets1 loan servicers1 guaranty agency servicers1 and collection agencies4 7c7 ,meetings and electronic exchange 7#a7 ,in general ,the ,secretary shall provide for a comprehensive discussion and exchange of information concerning the implementation of this title through such mechanisms as regional meetings and electronic exchanges of information4 ,such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to-- 7,a7 the authorizing committees at least #aj days prior to the notice to interested stakeholders and the public described in subparagraph 7,b72 and 7,b7 interested stakeholders and the public at least #cj days prior to such meetings and exchanges4 7#b7 ,consideration ,the ,secretary shall take into account the information received through such mechanisms in the development of proposed regulations and shall publish a summary of such information in the ,federal ,register prior to beginning the negotiated rulemaking process described in subsection 7d74 7d7 ,negotiated rulemaking process 7#a7 ,negotiated rulemaking required ,all regulations pertaining to this title that are promulgated after the date of the enactment of this paragraph shall be subject to the negotiated rulemaking process described in this subsection 7including the selection of the issues to be negotiated71 unless the ,secretary-- 7,a7 determines that applying such a requirement with respect to given regulations is impracticable1 unnecessary1 or contrary to the public interest 7within the meaning of section #eec7;b77#c77;,b7 of title #e1 ,united ,states ,code72 7,b7 publishes the basis for such determination in the ,federal ,register at the same time as the proposed regulations in question are first published2 and 7,c7 includes the basis for such determination in the congressional notice under subsection 7e77#a74 7#b7 ,congressional notice and comments required 7,a7 ,notice ,the ,secretary shall provide to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate notice of the intent establish a negotiated rulemaking committee that shall include-- 7i7 the need to issue regulations2 7ii7 the statutory and legal authority of the ,secretary to regulate the issue2 7iii7 the summary of public comments described in paragraph 7#b7 of subsection 7c72 7iv7 the anticipated burden1 including the time1 cost1 and paperwork burden1 the regulations will have on institutions of higher education and other entities that may be impacted by the regulations2 and 7v7 any regulations that will be repealed when the new regulations are issued4 7,b7 ,congressional comments ,the ,secretary shall not proceed with the negotiated rulemaking process-- 7i7 until #aj days after the ,secretary-- 7,i7 receives and addresses all comments from the authorizing committees2 and 7,,ii7 responds to the authorizing committees in writing with an explanation of how such comments have been addressed2 or 7ii7 until #fj days after providing the notice required under subparagraph 7,a7 if the ,secretary has not received comments under clause 7i74 7#c7 ,process ,after obtaining advice and recommendations under subsections 7b7 and 7c71 and before publishing proposed regulations1 the ,secretary shall-- 7,a7 establish a negotiated rulemaking process2 7,b7 select individuals to participate in such process-- 7i7 from among individuals or groups that provided advice and recommendations under subsections 7b7 and 7c71 including-- 7,i7 representatives of such groups from ,washington1 ,d4,c42 and 7,,ii7 other industry participants2 and 7ii7 with demonstrated expertise or experience in the relevant subjects under negotiation1 reflecting the diversity in the industry1 representing both large and small participants1 as well as individuals serving local areas and national markets2 7,c7 prepare a draft of proposed policy options1 which shall take into account comments received from both the public and the authorizing committees1 that shall be provided to the individuals selected by the ,secretary under subparagraph 7,b7 and such authorizing committees not less than #ae days before the first meeting under such process2 and 7,d7 ensure that the negotiation process is conducted in a timely manner in order that the final regulations may be issued by the ,secretary within the #cfj-;day period described in section #dcg7;e7 of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb7;e774 7#d7 ,agreements and records 7,a7 ,agreements ,all published proposed regulations developed through the negotiation process under this subsection shall conform to all agreements resulting from such process unless the ,secretary reopens the negotiated rulemaking process4 7,b7 ,records ,the ,secretary shall ensure that a clear and reliable record is maintained of agreements reached during a negotiation process under this subsection4 7e7 ,proposed rulemaking ,if the ,secretary determines pursuant to subsection 7d77#a7 that a negotiated rulemaking process is impracticable1 unnecessary1 or contrary to the public interest 7within the meaning of section #eec7;b77#c77;,b7 of title #e1 ,united ,states ,code71 or the individuals selected to participate in the process under subsection 7d77#c77;,b7 fail to reach unanimous agreement on an issue being negotiated1 the ,secretary may propose regulations subject to subsection 7f74 7f7 ,requirements for proposed regulations ,regulations proposed pursuant to subsection 7e7 shall meet the following procedural requirements3 7#a7 ,congressional notice ,regardless of whether congressional notice was submitted under subsection 7d77#b71 the ,secretary shall provide to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate notice that shall include-- 7,a7 a copy of the proposed regulations2 7,b7 the need to issue regulations2 7,c7 the statutory and legal authority of the ,secretary to regulate the issue2 7,d7 the anticipated burden1 including the time1 cost1 and paperwork burden1 the regulations will have on institutions of higher education and other entities that may be impacted by the regulations2 and 7,e7 any regulations that will be repealed when the new regulations are issued4 7#b7 ,congressional comments ,the ,secretary may not proceed with the rulemaking process-- 7,a7 until #aj days after the ,secretary-- 7i7 receives and addresses all comments from the authorizing committees2 and 7ii7 responds to the authorizing committees in writing with an explanation of how such comments have been addressed2 or 7,b7 until #fj days after providing the notice required under paragraph 7#a7 if the ,secretary has not received comments under subparagraph 7,a74 7#c7 ,comment and review period ,the comment and review period for the proposed regulation shall be #ij days unless an emergency requires a shorter period1 in which case such period shall be not less than #de days and the ,secretary shall-- 7,a7 designate the proposed regulation as an emergency1 with an explanation of the emergency1 in the notice to the ,congress under paragraph 7#a72 7,b7 publish the length of the comment and review period in such notice and in the ,federal ,register2 and 7,c7 conduct immediately thereafter regional meetings to review such proposed regulation before issuing any final regulation4 7#d7 ,independent assessment ,no regulation shall be made final after the comment and review period until the ,secretary has published in the ,federal ,register an independent assessment 7which shall include a representative sampling of institutions of higher education based on sector1 enrollment1 urban1 suburban1 or rural character1 and other factors impacted by the regulation7 of-- 7,a7 the burden1 including the time1 cost1 and paperwork burden1 the final regulation will impose on institutions and other entities that may be impacted by the regulation2 7,b7 an explanation of how the entities described in subparagraph 7,a7 may cover the cost of the burden assessed under such subparagraph2 and 7,c7 the regulation1 including a thorough assessment1 based on the comments received during the comment and review period under paragraph 7#c71 of whether the rule is financially1 operationally1 and educationally viable at the institutional level4 4 #did;,c4 ,report to ,congress ,section #dic;,c 7#bj ,u4,s4,c4 #ajih;e7 is amended by adding at the end the following3 7f7 ,report 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,,prosper ,act1 the ,secretary shall submit to the authorizing committees a report on the efforts of the ,department to detect and combat fraud in the income-driven repayment plans described in paragraph 7#b74 7#b7 ,income driven repayment plans defined ,the income-driven repayment plans described in this paragraph are the repayment plans made available under-- 7,a7 this section2 7,b7 subparagraphs 7,d7 and 7,e7 of section #dee7;d77#a72 and 7,c7 section #dee7;e74 4 #did;,d4 ,deferral of loan repayment following active duty ,section #dic;,d7a7 7#bj ,u4,s4,c4 #ajih;f7 is amended1 by striking or #dfd7;c77#b77;,a77iii7 and inserting #dfd7;c77#b77;,a77iii7 7as in effect on the day before the date of enactment of the ,,prosper ,act and pursuant to section #dfa7;a771 or #dfi;,a7a77#b77;,a77iii74 #did;,e4 ,contracts2 matching program 7a7 ,contracts for supplies and services 7#a7 ,in general ,part ,g of title ,,iv 7#bj ,u4,s4,c4 #ajhh et seq471 as amended by this part1 is further amended by adding at the end the following3 #dic;,e4 ,contracts 7a7 ,contracts for ,supplies and ,services 7#a7 ,in general ,the ,secretary shall1 to the extent practicable1 award contracts for origination1 servicing1 and collection described in subsection 7b74 ,in awarding such contracts1 the ,secretary shall ensure that such services and supplies are provided at competitive prices4 7#b7 ,entities ,the entities with which the ,secretary may enter into contracts shall include entities qualified to provide such services and supplies and will comply with the procedures applicable to the award of such contracts4 ,in the case of awarding contracts for the origination1 servicing1 and collection of loans under parts ,d and ,e1 the ,secretary shall enter into contracts with entities that have extensive and relevant experience and demonstrated effectiveness4 ,the entities with which the ,secretary may enter into such contracts may include1 where practicable1 agencies with agreements with the ,secretary under sections #dbh7;b7 and 7c71 if such agencies meet the qualifications as determined by the ,secretary under this subsection and if those agencies have such experience and demonstrated effectiveness4 ,in awarding contracts to such ,state agencies1 the ,secretary shall1 to the extent practicable and consistent with the purposes of parts ,d and ,e1 give consideration to ,state agencies with a history of high quality performance to perform services for institutions of higher education within their ,state4 7#c7 ,allocations 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary shall allocate new borrower loan accounts to entities awarded a contract under this section on the basis of-- 7i7 the performance of each such entity compared to other such entities performing similar work using common performance metrics 7which may take into account1 as appropriate1 portfolio risk factors1 including a borrower's time in repayment1 category of institution of higher education attended1 and completion of an educational program71 as determined by the ,secretary2 and 7ii7 the capacity of each such entity compared to other such entities performing similar work to service new and existing borrower loan accounts4 7,b7 ,federal ,,one ,consolidation ,loans ,any borrower who receives a ,federal ,,one ,consolidation ,loan may select the entity awarded a contract under this section to service such loan4 7#d7 ,rule of construction ,nothing in this section shall be construed as a limitation of the authority of any ,state agency to enter into an agreement for the purposes of this section as a member of a consortium of ,state agencies4 7b7 ,contracts for ,origination1 ,servicing1 and ,data ,systems ,the ,secretary may enter into contracts for-- 7#a7 the servicing and collection of loans made or purchased under part ,d or ,e2 7#b7 the establishment and operation of #a or more data systems for the maintenance of records on all loans made or purchased under part ,d or ,e2 and 7#c7 such other aspects of the direct student loan program under part ,d or ,e necessary to ensure the successful operation of the program4 7c7 ,common ,performance ,manual 7#a7 ,consultation ,not later than #ahj days after the date of enactment of the ,,prosper ,act and biannually thereafter1 the ,secretary shall consult 7in writing and in person7 with entities awarded contracts for loan servicing under section #def 7as in effect on the day before the date of enactment of the ,,prosper ,act7 and this section1 to the extent practicable1 to develop and update as necessary1 a guidance manual for entities awarded contracts for loan servicing under this section that provides such entities with best practices to ensure borrowers receive adequate and consistent service from such entities4 7#b7 ,provision of manual ,the ,secretary shall provide the most recent guidance manual developed and updated under paragraph 7#a7 to each entity awarded a contract for loan serving under this section4 7#c7 ,annual report ,the ,secretary shall provide to the authorizing committees a report1 on a annual basis1 detailing the consultation required under paragraph 7#a74 7d7 ,federal preemption 7#a7 ,in general ,covered activities shall not be subject to any law or other requirement of any ,state or political subdivision of a ,state with respect to-- 7,a7 disclosure requirements2 7,b7 requirements or restrictions on the content1 time1 quantity1 or frequency of communications with borrowers1 endorsers1 or references with respect to such loans2 or 7,c7 any other requirement relating to the servicing or collection of a loan made under this title4 7#b7 ,servicing and collection ,the requirements of this section with respect to any covered activity shall preempt any law or other requirement of a ,state or political subdivision of a ,state to the extent that such law or other requirement would1 in the absence of this subsection1 apply to such covered activity4 7#c7 ,state licenses ,no qualified entity engaged in a covered activity shall be required to obtain a license from1 or pay a licensing fee or other assessment to1 any ,state or political subdivision of a ,state relating to such covered activity4 7#d7 ,definitions ,for purposes of this section3 7,a7 ,the term covered activity means any of the following activities1 as carried out by a qualified entity3 7i7 ,origination of a loan made under this title4 7ii7 ,servicing of a loan made under this title4 7iii7 ,collection of a loan made under this title4 7iv7 ,any other activity related to the activities described in clauses 7i7 through 7iii74 7,b7 ,the term qualified entity means an organization1 other than an institution of higher education-- 7i7 that is responsible for the servicing or collection of a loan made under this title2 7ii7 that has agreement with the ,secretary under subsections 7a7 and 7b7 of section #dbh2 or 7iii7 that is under contract with an entity described in clause 7i7 or clause 7ii7 to support such entity's responsibilities under this title4 7#e7 ,limitation ,this subsection shall not have any legal effect on any other preemption provision under ,federal law with respect to this title4 4 7#b7 ,conforming amendment ,section #def 7#bj ,u4,s4,c4 #ajhg;f7 is repealed4 7b7 ,matching program ,part ,g of title ,,iv 7#bj ,u4,s4,c4 #ajhh et seq471 as amended by subsection 7a71 is further amended by adding at the end the following3 #dic;,f4 ,matching program 7a7 ,in ,general ,the ,secretary of ,education and the ,secretary of ,veterans ,affairs shall carry out a computer matching program under which the ,secretary of ,education identifies1 on at least a quarterly basis1 borrowers-- 7#a7 who have been assigned a disability rating of #ajj percent 7or a combination of ratings equaling #ajj percent or more7 by the ,secretary of ,veterans ,affairs for a service-connected disability 7as defined in section #aja of title #ch1 ,united ,states ,code72 or 7#b7 who have been determined by the ,secretary of ,veterans ,affairs to be unemployable due to a service-connected condition1 as described in section #dcg7;a77#b74 7b7 ,borrower notification ,with respect to each borrower who is identified under subsection 7a71 the ,secretary shall1 as soon as practicable after such identification-- 7#a7 notify the borrower of the borrower's eligibility for loan discharge under section #dcg7;a72 and 7#b7 provide the borrower with simple instructions on how to apply for such loan discharge1 including an explanation that the borrower shall not be required to provide any documentation of the borrower's disability rating to receive such discharge4 7c7 ,data ,collection and ,report to ,congress 7#a7 ,in general ,the ,secretary shall annually collect and submit to the ,committees on ,education and the ,workforce and ,veterans' ,affairs of the ,house of ,representatives and the ,committees on ,health1 ,education1 ,labor1 and ,pensions and ,veterans ,affairs of the ,senate1 data about borrowers applying for and receiving loan discharges under section #dcg7;a71 which shall be disaggregated in the manner described in paragraph 7#b7 and include the following3 7,a7 ,the number of applications received under section #dcg7;a74 7,b7 ,the number of such applications that were approved4 7,c7 ,the number of loan discharges that were completed under section #dcg7;a74 7#b7 ,disaggregation ,the data collected under paragraph 7#a7 shall be disaggregated-- 7,a7 by borrowers who applied under this section for loan discharges under section #dcg7;a72 7,b7 by borrowers who received loan discharges as a result of applying for such discharges under this section2 7,c7 by borrowers who applied for loan discharges under section #dcg7;a77#b72 and 7,d7 by borrowers who received loan discharges as a result of applying for such discharges under section #dcg7;a77#b74 7d7 ,notification to borrowers ,the ,secretary shall notify each borrower whose liability on a loan has been discharged under section #dcg7;a7 that the liability on the loan has been so discharged4 4 ,h ,program ,integrity #die4 ,repeal of and prohibition on ,state authorization regulations 7a7 ,regulations repealed ,the following regulations relating to ,state authorization 7including any supplements or revisions to such regulations7 are repealed and shall have no force or effect3 7#a7 ,the final regulations published by the ,department of ,education in the ,federal ,register on ,october #bi1 #bjaj 7#ge ,fed4 ,reg4 #ffhcb et seq474 7#b7 ,the final regulations published by the ,department of ,education in the ,federal ,register on ,december #ai1 #bjaf 7#ha ,fed4 ,reg4 #ibbcb et seq74 7b7 ,prohibition on ,state authorization regulations ,the ,secretary of ,education shall not1 on or after the date of enactment of this ,act1 promulgate or enforce any regulation or rule with respect to the ,state authorization for institutions of higher education to operate within a ,state for any purpose under the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq474 7c7 ,institutional responsibility2 treatment of religious institutions ,section #die 7#bj ,u4,s4,c4 #ajii;a7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,institutional responsibility ,each institution of higher education shall provide evidence to the ,secretary that the institution has authority to operate within each ,state in which it maintains a physical location at the time the institution is certified under subpart #c4 7c7 ,treatment of religious institutions ,an institution shall be treated as legally authorized to operate educational programs beyond secondary education in a ,state under section #aja7;a77#b7 if the institution is-- 7#a7 recognized as a religious institution by the ,state2 and 7#b7 because of the institution's status as a religious institution1 exempt from any provision of ,state law that requires institutions to be authorized by the ,state to operate educational programs beyond secondary education4 4 #dif4 ,recognition of accrediting agency or association ,section #dif 7#bj ,u4,s4,c4 #ajii;b7 is amended-- 7#a7 in subsection 7j71 by striking section #ajb and inserting section #aja2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by amending subparagraph 7,a7 to read as follows3 7,a7 for the purpose of participation in programs under this ,act or other programs administered by the ,department of ,education or other ,federal agencies1 has a voluntary membership of institutions of higher education or other entities and has as a principal purpose the accrediting of institutions of higher education or programs2 2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking subparagraph 7,a77i7 and inserting subparagraph 7,a7 or 7,c72 7,,ii7 by striking separate and inserting separately incorporated2 and 7,,iii7 by adding or at the end2 7ii7 by striking or at the end of subparagraph 7,b72 and 7iii7 by striking subparagraph 7,c72 7,c7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7-- 7,i7 by inserting as defined by the institution after stated mission of the institution of higher education2 7,,ii7 by striking 1 including distance education or correspondence courses or programs12 and 7,,iii7 by striking and at the end2 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 such agency or association demonstrates the ability to review1 evaluate1 and assess the quality of any instruction delivery model or method such agency or association has or seeks to include within its scope of recognition1 without giving preference to or differentially treating a particular instruction delivery model or method offered by an institution of higher education or program except that1 in a case in which the instruction delivery model allows for the separation of the student from the instructor-- 7i7 the agency or association requires the institution to have processes through which the institution establishes that the student who registers in a course or program is the same student who participates in1 including1 to the extent practicable1 testing or other assessment1 and completes the program and receives the academic credit2 and 7ii7 the agency or association requires that any process used by an institution to comply with the requirement under clause 7i7 does not infringe upon student privacy and is implemented in a manner that is minimally burdensome to the student2 and 7,c7 if such an agency or association evaluates or assesses the quality of competency-based education programs1 the agency's or association's evaluation or assessment -- 7i7 shall address effectively the quality of an institution's competency-based education programs as set forth in paragraph 7#e71 except that the agency or association is not required to have separate standards1 procedures1 or policies for the evaluation of competency-based education2 7ii7 shall establish whether an institution has demonstrated that its program satisfies the definitions in section #ajc7be72 and 7iii7 shall establish whether an institution has demonstrated that it has defined an academic year for a competency-based program in accordance with section #dha7;a77#c74 2 7,d7 by amending paragraph 7#e7 to read as follows3 7#e7 the standards for accreditation of the agency or association assess the institution's success with respect to student learning and educational outcomes in relation to the institution's mission1 which may include different standards for different institutions or programs1 except that the standards shall include consideration of student learning and educational outcomes in relation to expected measures of student learning and educational outcomes1 which at the agency's or association's discretion are established-- 7,a7 by the agency or association2 or 7,b7 by the institution or program1 at the institution or program level1 as the case may be1 if the institution or program-- 7i7 defines expected student learning goals and educational outcomes2 7ii7 measures and evaluates student learning1 educational outcomes1 and1 if appropriate1 other outcomes of the students who complete their program of study2 7iii7 uses information about student learning1 educational outcomes1 and1 if appropriate1 other outcomes1 to improve the institution or program2 and 7iv7 makes such information available to appropriate constituencies2 2 and 7,e7 in paragraph 7#h71 by striking 1 upon request12 7#c7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking ,separate and inserting ,separately ,incorporated2 7,b7 in the matter preceding paragraph 7#a71 by striking separate and inserting separately incorporated2 7,c7 in paragraph 7#b71 by inserting who shall represent business after one such public member2 and 7,d7 in paragraph 7#d71 by inserting before the period at the end and is maintained separately from any such entity or organization2 7#d7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting 7which may vary based on institutional risk consistent with policies promulgated by the agency or association to determine such risk and interval frequency as allowed under subsection 7p77 after intervals2 and 7ii7 by striking distance education and inserting competency-based education2 7,b7 by striking paragraph 7#e7 and redesignating paragraphs 7#b71 7#c71 and 7#d7 as paragraphs 7#c71 7#d71 and 7#e71 respectively2 7,c7 by inserting after paragraph 7#a71 the following3 7#b7 develops a mechanism to identify institutions or programs accredited by the agency or association that may be experiencing difficulties accomplishing their missions with respect to the student learning and educational outcome goals established under subsection 7a77#e7 and-- 7,a7 as appropriate1 uses information such as student loan default or repayment rates1 retention or graduation rates1 evidence of student learning1 financial data1 and other indicators to identify such institutions2 7,b7 not less than annually1 evaluates the extent to which those identified institutions or programs continue to be in compliance with the agency or association's standards2 and 7,c7 as appropriate1 requires the institution or program to address deficiencies and ensure that any plan to address and remedy deficiencies is successfully implemented4 2 7,d7 in paragraph 7#d77;,a71 as so redesignated1 by striking #dhg7;f7 and inserting #dhg7;e72 7,e7 by amending paragraph 7#e71 as so redesignated1 to read as follows3 7#e7 establishes and applies or maintains policies which ensure that any substantive change to the educational mission1 program1 or programs of an institution after the agency or association has granted the institution accreditation or preaccreditation status does not adversely affect the capacity of the institution to continue to meet the agency's or association's standards for such accreditation or preaccreditation status1 which shall include policies that-- 7,a7 require the institution to obtain the agency's or association's approval of the substantive change before the agency or association includes the change in the scope of the institution's accreditation or preaccreditation status2 and 7,b7 define substantive change to include1 at a minimum-- 7i7 any change in the established mission or objectives of the institution2 7ii7 any change in the legal status1 form of control1 or ownership of the institution2 7iii7 the addition of courses1 programs of instruction1 training1 or study1 or credentials or degrees that represent a significant departure from the courses1 programs1 or credentials or degrees that were offered at time the agency or association last evaluated the institution2 or 7iv7 the entering into a contract under which an institution or organization not certified to participate programs under title ,,iv provides a portion of an accredited institution's educational program that is greater than #be percent2 2 7,f7 in paragraph 7#g7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting 1 on the agency's or association's website1 after public2 7ii7 in subparagraph 7,c71 by inserting before the semicolon at the end the following3 1 and a summary of why such action was taken or such placement was made2 7,g7 in paragraph 7#h71 by striking and at the end2 7,h7 in paragraph 7#i71 by striking the period at the end and inserting a semicolon2 7,i7 by adding at the end the following3 7#aj7 makes publicly available1 on the agency or association's website1 a list of the institutions of higher education accredited by such agency or association1 which includes1 with respect to each institution on the list--- 7,a7 the year accreditation was granted2 7,b7 the most recent date of a comprehensive evaluation of the institution under paragraph 7#a72 and 7,c7 the anticipated date of the next such evaluation2 and 7#aa7 confirms1 as a part of the agency's or association's review for accreditation or reaccreditation1 that the institution's website includes consumer information described section paragraphs 7#a7 and 7#b7 of section #acb7;d74 2 7#e7 in subsection 7e7-- 7,a7 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary 2 and 7,b7 by adding at the end the following3 7#b7 ,exception ,paragraph 7#a7 shall not apply in the case of an institution described in subsection 7j74 4 7#f7 by striking subsection 7h7 and inserting the following3 7h7 ,change of accrediting agency or association 7#a7 ,in general ,the ,secretary shall not recognize the accreditation of any otherwise eligible institution of higher education if the institution is in the process of changing its accrediting agency or association and is subject to one or more of the following actions1 unless the eligible institution submits to the ,secretary materials demonstrating a reasonable cause for changing the accrediting agency or association3 7,a7 ,a pending or final action brought by a ,state agency to suspend1 revoke1 withdraw1 or terminate the institution's legal authority to provide postsecondary education in the ,state4 7,b7 ,a decision by a recognized accrediting agency or association to deny accreditation or preaccreditation to the institution4 7,c7 ,a pending or final action brought by a recognized accrediting agency or association to suspend1 revoke1 withdraw1 or terminate the institution's accreditation or preaccreditation4 7,d7 ,probation or an equivalent status imposed on the institution by a recognized accrediting agency or association4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to restrict the ability of an institution of higher education not subject to an action described in paragraph 7#a7 and otherwise in good standing to change accrediting agencies or associations without the approval of the ,secretary as long as the institution notifies the ,secretary of the change4 2 7#g7 by striking subsection 7k7 and inserting the following3 7k7 ,religious institution rule 7#a7 ,in general ,notwithstanding subsection 7j71 the ,secretary shall allow an institution that has had its accreditation withdrawn1 revoked1 or otherwise terminated1 or has voluntarily withdrawn from an accreditation agency1 to remain certified as an institution of higher education under section #aja and subpart #c of this part for a period sufficient to allow such institution to obtain alternative accreditation1 if the ,secretary determines that the withdrawal1 revocation1 or termination-- 7,a7 is related to the religious mission or affiliation of the institution2 and 7,b7 is not related to the accreditation criteria provided for in this section4 7#b7 ,requirements ,for purposes of this section the following shall apply3 7,a7 ,the religious mission of an institution may be reflected in the institution's religious tenets1 beliefs1 or teachings1 and any policies or decisions related to such tenets1 beliefs1 or teachings 7including any policies or decisions concerning housing1 employment1 curriculum1 self-governance1 or student admission1 continuing enrollment1 or graduation74 7,b7 ,an agency or association's standard fails to respect an institution's religious mission when the institution determines that the standard induces1 pressures1 or coerces the institution to act contrary to1 or to refrain from acting in support of1 any aspect of its religious mission4 7#c7 ,administrative complaint for failure to respect religious mission 7,a7 ,in general 7i7 ,institution ,if an institution of higher education believes that an adverse action of an accrediting agency or association fails to respect the institution's religious mission in violation of subsection 7a77#d77;,a71 the institution-- 7,i7 may file a complaint with the ,secretary to require the agency or association to withdraw the adverse action2 and 7,,ii7 prior to filing such complaint1 shall notify the ,secretary and the agency or association of an intent to file such complaint not later than #cj days after-- 7aa7 receiving the adverse action from the agency or association2 or 7bb7 determining that discussions with or the processes of the agency or association to remedy the failure to respect the religious mission of the institution will fail to result in the withdrawal of the adverse action by the agency or association4 7ii7 ,accrediting agency or association ,upon notification of an intent to file a complaint and through the duration of the complaint process under this paragraph1 the ,secretary and the accrediting agency or association shall treat the accreditation status of the institution of higher education as if the adverse action for which the institution is filing the complaint had not been taken4 7,b7 ,complaint ,not later than #de days after providing notice of the intent to file a complaint1 the institution shall file the complaint with the ,secretary 7and provide a copy to the accrediting agency or association71 which shall include-- 7i7 a description of the adverse action2 7ii7 how the adverse action fails to respect the institution's religious mission in violation of subsection 7a77#d77;,a72 and 7iii7 any other information the institution determines relevant to the complaint4 7,c7 ,response 7i7 ,in general ,the accrediting agency or association shall have #cj days from the date the complaint is filed with the ,secretary to file with the ,secretary 7and provide a copy to the institution7 a response to the complaint1 which response shall include-- 7,i7 how the adverse action is based on a violation of the agency or association's standards for accreditation2 and 7,,ii7 how the adverse action does not fail to respect the religious mission of the institution and is in compliance with subsection 7a77#d77;,a74 7ii7 ,burden of proof 7,i7 ,in general ,the accrediting agency or association shall bear the burden of proving that the agency or association has not taken the adverse action as a result of the institution's religious mission1 and that the action does not fail to respect the institution's religious mission in violation of subsection 7a77#d77;,a71 by showing that the adverse action does not impact the aspect of the religious claimed to be affected in the complaint4 7,,ii7 ,insufficient proof ,any evidence that the adverse action results from the application of a neutral and generally applicable rule shall be insufficient to prove that the action does not fail to respect an institution's religious mission4 7,d7 ,additional ,institution ,response ,the institution shall have #ae days from the date on which the agency or association's response is filed with the ,secretary to-- 7i7 file with the ,secretary 7and provide a copy to the agency or association7 a response to any issues raised in the response of the agency or association2 or 7ii7 inform the ,secretary and the agency or association that the institution elects to waive the right to respond to the response of the agency or association4 7,e7 ,secretarial action 7i7 ,in general ,not later than #ae days of receipt of the institution's response under subparagraph 7,d7 or notification that the institution elects not to file a response under such subparagraph-- 7,i7 the ,secretary shall review the materials to determine if the accrediting agency or association has met its burden of proof under subparagraph 7,c77ii77,i72 or 7,,ii7 in a case in which the ,secretary fails to conduct such review-- 7aa7 the ,secretary shall be deemed as determining that the adverse action fails to respect the religious mission of the institution2 and 7bb7 the accrediting agency or association shall be required to reverse the action immediately and take no further action with respect to such adverse action4 7ii7 ,review of complaint ,in reviewing the complaint under clause 7i77,i7-- 7,i7 the ,secretary shall consider the institution to be correct in the assertion that the adverse action fails to respect the institution's religious mission and shall apply the burden of proof described in subparagraph 7,c77ii77,i7 with respect to the accrediting agency or association2 and 7,,ii7 if the ,secretary determines that the accrediting agency or association fails to meet such burden of proof-- 7aa7 the ,secretary shall notify the institution and the agency or association that the agency or association is not in compliance with subsection 7a77#d77;,a71 and that such agency or association shall carry out the requirements of item 7bb7 to be in compliance subsection 7a77#d77;,a72 and 7bb7 the agency or association shall reverse the adverse action immediately and take no further action with respect to such adverse action4 7iii7 ,final departmental action ,the ,secretary's determination under this subparagraph shall be the final action of the ,department on the complaint4 7,f7 ,rule of construction ,nothing in this paragraph shall prohibit-- 7i7 an accrediting agency or association from taking an adverse action against an institution of higher education for a failure to comply with the agency or association's standards of accreditation as long as such standards are in compliance with subsection 7a77#d77;,a7 and any other applicable requirements of this section2 or 7ii7 an institution of higher education from exercising any other rights to address concerns with respect to an accrediting agency or association or the accreditation process of an accrediting agency or association4 7,g7 ,guidance 7i7 ,in general ,the ,secretary may only issue guidance under this paragraph that explains or clarifies the process for providing notice of an intent to file a complaint or for filing a complaint under this paragraph4 7ii7 ,clarification ,the ,secretary may not issue guidance1 or otherwise determine or suggest1 when discussions to remedy the failure by an accrediting agency or association to respect the religious mission of an institution of higher education referred to in subparagraph 7,a77i77,,ii77bb7 have failed or will fail4 2 7#h7 in subsection 7n77#c71 by striking distance education courses or programs each place it appears and inserting competency-based education programs 2 7#i7 in subsection 7o71 by inserting before the period at the end the following3 1 or with respect to the policies and procedures of an accreditation agency or association described in paragraph 7#b7 or 7#e7 of subsection 7c7 or how the agency or association carries out such policies and procedures2 7#aj7 by striking subsections 7p7 and 7q72 and 7#aa7 by adding at the end the following3 7p7 ,risk-based or differentiated review processes or procedures 7#a7 ,in general ,notwithstanding any other provision of law 7including subsection 7a77#d77;,a771 an accrediting agency or association may establish1 with the involvement of its membership1 risk-based or differentiated review processes or procedures for assessing compliance with the accrediting agency or association's standards1 including policies related to substantive change and award of accreditation statuses1 for institutions of higher education or programs that have demonstrated exceptional past performance with respect to meeting the accrediting agency or association's standards4 7#b7 ,prohibition ,risk-based or differentiated review processes or procedures shall not discriminate against1 or otherwise preclude1 institutions of higher education based on institutional sector or category1 including an institution of higher education's tax status4 7#c7 ,rule of construction ,nothing in this subsection shall be construed to permit the ,secretary to establish any criterion that specifies1 defines1 or prescribes an accrediting agency or association's risk-based or differentiated review process or procedure4 7q7 ,waiver ,the ,secretary shall establish a process through which an agency or association may seek to have a requirement of this subpart waived1 if such agency or association-- 7#a7 demonstrates that such waiver is necessary to enable an institution of higher education or program accredited by the agency or association to implement innovative practices intended to-- 7,a7 reduce administrative burdens to the institution or program without creating costs for the taxpayer2 or 7,b7 improve the delivery of services to students1 improve instruction or learning outcomes1 or otherwise benefit students2 and 7#b7 describes the terms and conditions that will be placed upon the program or institution to ensure academic integrity and quality4 4 #dig4 ,eligibility and certification procedures 7a7 ,eligibility and certification procedures ,section #dih 7#bj ,u4,s4,c4 #ajii;c7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,for purposes of and inserting the following3 7#a7 ,in general ,for purposes of 2 7,b7 by inserting 1 subject to paragraph 7#b71 after determine2 and 7,c7 by adding at the end the following3 7#b7 ,special rule ,the determination of whether an institution of higher education is legally authorized to operate in a ,state under section #aja7;a77#b7 shall be based solely on that ,state's laws4 2 7#b7 in subsection 7b77#e71 by striking ,b or ,d and inserting ,e2 7#c7 in subsection 7c7-- 7,a7 by redesignating paragraphs 7#d71 7#e71 and 7#f7 as paragraphs 7#f71 7#g71 and 7#h71 respectively2 7,b7 by striking the subsection designation and all that follows through the end of paragraph 7#c7 and inserting the following3 7c7 ,financial responsibility standards 7#a7 ,the ,secretary shall determine whether an institution has the financial responsibility required by this title in accordance with paragraph 7#b74 7#b7 ,an institution shall be determined to be financially responsible by the ,secretary1 as required by this title1 if the institution is able to provide the services described in its official publications and statements1 is able to provide the administrative resources necessary to comply with the requirements of this title1 and meets one of the following conditions3 7,a7 ,such institution has its liabilities backed by the full faith and credit of a ,state1 or its equivalent4 7,b7 ,such institution has a bond credit quality rating of investment grade or higher from a recognized credit rating agency4 7,c7 ,such institution has expendable net assets equal to not less than one-half of the annual potential liabilities of such institution to the ,secretary for funds under this title1 including loan obligations discharged pursuant to section #dcg1 and to students for refunds of institutional charges1 including funds under this title1 as calculated by an independent certified public accountant in accordance with generally accepted auditing standards4 7,d7 ,such institution establishes1 with the support of a financial statement audited by an independent certified public accountant in accordance with generally accepted auditing standards1 that the institution has sufficient resources to ensure against the precipitous closure of the institution1 including the ability to meet all of its financial obligations 7including refunds of institutional charges and repayments to the ,secretary for liabilities and debts incurred in programs administered by the ,secretary74 7,e7 ,such institution has met criteria1 prescribed by the ,secretary by regulation in accordance with paragraph 7#c71 that-- 7i7 establish ratios that demonstrate financial responsibility in accordance with generally accepted auditing standards as described in paragraph 7#g72 7ii7 incorporate the procedures described in paragraph 7#d72 7iii7 establish consequences for failure to meet the criteria described in paragraph 7#e72 and 7iv7 take into account any differences in generally accepted accounting principles1 and the financial statements required thereunder1 that are applicable to for-profit1 public1 and nonprofit institutions4 7#c7 ,the criteria prescribed pursuant to paragraph 7#b77;,e7 shall provide that the ,secretary shall-- 7,a7 not later than #f months after an institution that is subject to the requirements of paragraph 7#b77;,e7 has submitted its annual financial statement1 provide to such institution a notification of its preliminary score under such paragraph2 7,b7 provide to each such institution a description of the method used1 and complete copies of all the calculations performed1 to determine the institution's score1 if such institution makes a request for such information within #de days after receiving the notice under subparagraph 7,a72 7,c7 within #fj days of receipt by an institution of the information described in subparagraph 7,b7-- 7i7 allow the institution to correct or cure an administrative1 accounting1 or recordkeeping error if the error is not part of a pattern of errors and there is no evidence of fraud or misconduct related to the error2 7ii7 if the institution demonstrates that the ,secretary has made errors in its determination of the initial score or has used non-standard accounting practices in reaching its determination1 notify the institution that its composite score has been corrected2 and 7iii7 take into consideration any subsequent change in the institution's overall fiscal health that would raise the institution's score2 7,d7 maintain and preserve at all times the confidentiality of any review until such score is determined to be final2 and 7,e7 make a determination regarding whether the institution has met the standards of financial responsibility based on an audited and certified financial statement of the institution as described in paragraph 7#g74 7#d7 ,if the ,secretary determines1 after conducting an initial review1 that the institution has not met at least one of the conditions described in subparagraphs 7,a7 through 7,e7 of paragraph 7#b7 but has otherwise met the requirements of such paragraph-- 7,a7 the ,secretary shall request information relating to such conditions for any affiliated or parent organization1 company1 or foundation owning or owned by the institution2 and 7,b7 if such additional information demonstrates that an affiliated or parent organization1 company1 or foundation owning or owned by the institution meets at least one of the conditions describe in subparagraphs 7,a7 through 7,e7 of paragraph 7#b71 the institution shall be determined to be financially responsible as required by this title4 7#e7 ,the ,secretary shall establish policies and procedures to address an institution's failure to meet the criteria of paragraph 7#b7 which shall include policies and procedures that-- 7,a7 require an institution that fails to meet the criteria for three consecutive years to provide to the ,secretary a financial plan2 7,b7 provide for additional oversight and cash monitoring restrictions1 as appropriate2 7,c7 allow an institution to submit to the ,secretary third-party financial guarantees that the ,secretary determines are reasonable1 such as performance bonds or letters of credit payable to the ,secretary1 except that an institution may not be required to obtain a letter of credit in order to be deemed financially responsible unless-- 7i7 the institution has been deemed not to be a going concern1 as determined by an independent certified public accountant in accordance with generally accepted auditing standards2 7ii7 the institution is determined by the ,secretary to be at risk of precipitous closure when the full financial resources of the institution1 including the value of the institution's expendable endowment1 are considered2 or 7iii7 the institution is determined by the ,secretary to be at risk of not meeting all of its financial obligations1 including refunds of institutional charges and repayments to the ,secretary for liabilities and debts incurred in programs administered by the ,secretary2 and 7,d7 provide for the removal of all requirements related to the institution's failure to meet the criteria once the criteria are met4 2 and 7,c7 in paragraph 7#g71 as so redesignated1 by striking paragraphs 7#b7 and 7#c77;,c7 and inserting paragraph 7#b72 7#d7 in subsection 7g77#c7-- 7,a7 by striking section #ajb7;a77#a77;,c7 and inserting section #ajb7;a77#a72 and 7,b7 by striking part ,b and inserting part ,d or ,e2 7#e7 in subsection 7h77#b71 by striking #ah and inserting #cf2 7#f7 in subsection 7i77#a71 by striking section #ajb 7other than the requirements in subsections 7b77#e7 and 7c77#c77 and inserting sections #aja 7other than the requirements in subsections 7b77#a77;,a7 and 7b77#b77 and #ajb2 7#g7 in subsection 7j77#a71 by striking meet the requirements of sections #ajb7;b77#a77;,e7 and #ajb7;c77#a77;,c7 and inserting meet the requirements to be considered an institution of higher education under sections #aja7;b77#a77;,a7 and #aja7;b77#b72 and 7#h7 in subsection 7k7-- 7,a7 in paragraph 7#a71 by striking #dhg7;f7 and inserting #dhg7;e72 and 7,b7 in paragraph 7#b77;,a71 by striking meet the requirements of sections #ajb7;b77#a77;,e7 and #ajb7;c77#a77;,c7 and inserting meet the requirements to be considered an institution of higher education under sections #aja7;b77#a77;,a7 and #aja7;b77#b74 7b7 ,program ,review and ,data ,section #dih;,a 7#bj ,u4,s4,c4 #ajii;c-#a7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 by striking part ,b of both places it appears2 7,b7 in subparagraph 7,a71 by inserting before the semicolon at the end the following3 1 or after the transition period described in section #dha;,b7e77#c71 institutions in which #be percent or more of the educational programs have a loan repayment rate 7defined in section #dha;,b7c77 for the most recent fiscal year of less than #ej percent2 7,c7 in subparagraph 7,b71 by inserting before the semicolon at the end the following3 1 except that this subparagraph shall not apply after the transition period described in section #dha;,b7e77#c72 and 7,d7 in subparagraph 7,c7-- 7i7 by inserting 1 ,federal ,,one ,loan volume after ,stafford_/,ford ,loan volume2 and 7ii7 by inserting 1 ,federal ,,one ,loan program after ,stafford_/,ford ,loan program2 7#b7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#c7 through 7#h7 as paragraphs 7#d7 through 7#i71 respectively2 7,b7 by inserting after paragraph 7#b7 the following new paragraph3 7#c7 as practicable1 provide a written explanation to the institution of higher education detailing the ,secretary's reasons for initiating the program review which1 if applicable1 shall include references to specific criteria under subsection 7a77#b72 2 and 7,c7 in paragraph 7#i71 as so redesignated-- 7i7 by striking paragraphs 7#f7 and 7#g7 and inserting paragraphs 7#g7 and 7#h72 and 7ii7 by striking paragraph 7#e7 and inserting paragraph 7#f72 and 7#c7 by adding at the end the following new subsection3 7f7 ,time limit on program review activities ,in conducting1 responding to1 and concluding program review activities1 the ,secretary shall-- 7#a7 provide to the institution the initial report finding not later than #ij days after concluding an initial site visit2 7#b7 upon each receipt of an institution's response during a program review inquiry1 respond in a substantive manner within #ij days2 7#c7 upon each receipt of an institution's written response to a draft final program review report1 provide the final program review report and accompanying enforcement actions1 if any1 within #ij days2 and 7#d7 conclude the entire program review process not later than #b years after the initiation of a program review1 unless the ,secretary determines that such a review is sufficiently complex and cannot reasonably be concluded before the expiration of such #b-year period1 in which case the ,secretary shall promptly notify the institution of the reasons for such delay and provide an anticipated date for conclusion of the review4 4 7c7 ,review of regulations ,section #dih;,b7b7 7#bj ,u4,s4,c4 #ajii;c-#b7;b77 is amended by striking section #ajb7;a77#a77;,c7 and inserting section #ajb7;a77#a74 ,v ,developing ,institutions #eja4 ,hispanic-serving institutions ,part ,a of title ,v 7#bj ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #ejb7;a7-- 7,a7 in paragraph 7#a71 by striking institution for instruction and inserting institution of higher education for instruction2 7,b7 in paragraph 7#b77;,a7-- 7i7 by redesignating clauses 7v7 and 7vi7 as clauses 7vi7 and 7v71 respectively2 7ii7 in clause 7v7 7as so redesignated71 by inserting 7as defined in section #ajc7bj77;,a77 after ,state2 and 7iii7 in clause 7vi7 7as so redesignated71 by striking and at the end2 and 7,c7 in paragraph 7#b7-- 7i7 by striking the period at the end of subparagraph 7,b7 and inserting 2 and2 and 7ii7 by inserting after subparagraph 7,b7 the following3 7,c7 except as provided in section #ebb7;b71 an institution that has a completion rate of at least #be percent that is calculated by-- 7i7 counting a student as completed if that student graduated within #aej percent of the normal time for completion2 or 7ii7 counting a student as completed if that student enrolled into another program at an institution for which the previous program provided substantial preparation within #aej percent of normal time for completion4 2 7#b7 in section #ejc-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#e71 by striking counseling1 and and inserting counseling1 advising1 and' 7ii7 in paragraph 7#g71 by striking funds management and inserting funds and administrative management2 7iii7 in paragraph 7#aa71 by striking ,creating and all that follows through technologies1 and inserting ,innovative learning models and creating or improving facilities for ,internet or other innovative technologies12 and 7iv7 by redesignating paragraph 7#af7 as paragraph 7#bj7 and inserting after paragraph 7#ae7 the following3 7#af7 ,the development1 coordination1 implementation1 or improvement of career and technical education programs 7as defined in section #ace of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcee774 7#ag7 ,alignment and integration of career and technical education programs with programs of study leading to a bachelor's degree1 graduate degree1 or professional degree4 7#ah7 ,developing or expanding access to dual or concurrent enrollment programs and early college high school programs4 7#ai7 ,pay for success initiatives that improve time to completion and increase graduation rates4 2 and 7,b7 in subsection 7c71 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 income from such endowment fund to provide scholarships to students for the purposes of attending such institution1 subject to the limitation in section #cca7;c77#c77;,b77i74 2 7#c7 in section #ejd1 by striking subsection 7a7 and inserting the following3 7a7 ,award period ,the ,secretary may award a grant to a ,hispanic-serving institution under this part for a period of #e years4 ,any funds awarded under this part that are not expended or used1 before the date that is #aj years after the date on which the grant was awarded1 for the purposes for which the funds were paid shall be repaid to the ,treasury4 2 and 7#d7 in section #eje1 by striking this title each place such term appears and inserting this part4 #ejb4 ,promoting postbaccalaureate opportunities for ,hispanic ,americans ,part ,b of title ,v 7#bj ,u4,s4,c4 #aajb et seq47 is amended-- 7#a7 in section #eac-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,the activities described in 7#a7 through 7#d71 7#aa71 and 7#ai7 of section #ejc7;b74 2 7,b7 by striking paragraphs 7#b7 and 7#c72 and 7,c7 by redesignating paragraphs 7#d7 through 7#h7 as paragraphs 7#b7 through 7#f71 respectively2 and 7,d7 in paragraph 7#d7 7as so redesignated71 by striking ,creating and all that follows through technologies1 and inserting ,innovative learning models and creating or improving facilities for ,internet or other innovative technologies12 and 7#b7 in section #ead-- 7,a7 by striking subsection 7b7 and inserting the following3 7b7 ,duration ,the ,secretary may award a grant to a ,hispanic-serving institution under this part for a period of #e years4 ,any funds awarded under this part that are not expended or used for the purposes for which the funds were paid within #aj years following the date on which the grant was awarded shall be repaid to the ,treasury4 2 and 7,b7 by adding at the end the following3 7d7 ,special rule ,no ,hispanic-serving institution that is eligible for and receives funds under this part may receive funds under part ,a or ,b of title ,,iii during the period for which funds under this part are awarded4 4 #ejc4 ,general provisions ,part ,c of title ,v 7#bj ,u4,s4,c4 #aajc et seq47 is amended-- 7#a7 in section #eba7;c77#g7-- 7,a7 by striking subparagraph 7,c72 7,b7 by redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,c7 and 7,d71 respectively2 and 7,c7 in subparagraph 7,d71 as so redesignated1 by striking subparagraph 7,d7 and inserting subparagraph 7,c72 7#b7 in section #ebb7;b7-- 7,a7 in the subsection heading1 by inserting 2 completion rates after expenditures2 7,b7 in paragraph 7#a71 by inserting or #ejb7;a77#b77;,c7 after #ejb7;a77#b77;,a77ii72 and 7,c7 in paragraph 7#b7-- 7i7 in the paragraph heading1 by inserting and completion rates after ,expenditures2 7ii7 in the matter preceding subparagraph 7,a71 by inserting or #ejb7;a77#b77;,c7 after #ejb7;a77#b77;,a77ii72 and 7iii7 in subparagraph 7,a71 by inserting or section #ejb7;a77#b77;,c7 after #ejb7;a77#b77;,a72 7#c7 in section #ebd7;c71 by striking section #eje and inserting section #ejd2 and 7#d7 in section #ebh-- 7,a7 in subsection 7a71 by striking parts ,a and ,c and all that follows through the period at the end and inserting parts ,a and ,c1 #ajg1gie1jjj for each of fiscal years #bjai through #bjbd42 and 7,b7 in subsection 7b71 by striking part ,b and all that follows through the period at the end and inserting part ,b1 #i1fga1jjj for each of fiscal years #bjai through #bjbd44 ,,vi ,international ,education ,programs #fja4 ,international and foreign language studies 7a7 ,graduate and undergraduate language and area centers and programs ,section #fjb 7#bj ,u4,s4,c4 #aabb7 is amended-- 7#a7 in subsection 7a77#d77;,f71 by inserting 7,c71 after 7,b712 and 7#b7 in subsection 7e7-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and realigning such subparagraphs so as to be indented #d ems from the left margin2 7,b7 by striking 7e7 ,application4--,each institution and inserting the following3 7e7 ,application 7#a7 ,submission2 contents ,each institution 2 and 7,c7 by adding at the end the following new paragraph3 7#b7 ,approval ,the ,secretary may approve an application for a grant if an institution1 in its application1 provides adequate assurances that it will comply with paragraph 7#a77;,a74 ,the ,secretary shall use the requirement of paragraph 7#a77;,a7 as part of the application evaluation1 review1 and approval process when determining grant recipients for initial funding and continuation awards4 4 7b7 ,discontinuation of certain programs ,part ,a of title ,,vi 7#bj ,u4,s4,c4 #aaba et seq47 is amended-- 7#a7 by striking section #fjd2 7#b7 by striking section #fjf2 7#c7 by striking section #fji2 and 7#d7 by striking section #faj4 7c7 ,conforming amendment ,part ,a of title ,,vi 7#bj ,u4,s4,c4 #aaba et seq47 is further amended by redesignating sections #fje1 #fjg1 and #fjh as sections #fjd1 #fje1 and #fjf1 respectively4 #fjb4 ,business and international education programs 7a7 ,centers for ,international ,business ,education ,section #fab 7#bj ,u4,s4,c4 #aacj-a7 is amended-- 7#a7 in subsection 7f77#c71 by inserting and a wide range of views after diverse perspectives2 and 7#b7 by adding at the end the following new subsection3 7g7 ,approval ,the ,secretary may approve an application for a grant if an institution1 in its application1 provides adequate assurances that it will comply with subsection 7f77#c74 ,the ,secretary shall use the requirement of subsection 7f77#c7 as part of the application evaluation1 review1 and approval process when determining grant recipients for initial funding and continuation awards4 4 7b7 ,discontinuation of certain programs ,part ,b of title ,,vi 7#bj ,u4,s4,c4 #aacj et seq47 is amended by striking sections #fac and #fad4 #fjc4 ,repeal of assistance program for ,institute for ,international ,public ,policy ,part ,c of title ,,vi 7#bj ,u4,s4,c4 #aaca et seq47 is repealed4 #fjd4 ,general provisions 7a7 ,definitions ,section #fca7;a7 7#bj ,u4,s4,c4 #aacb7;a77 is amended-- 7#a7 by striking paragraphs 7#e7 and 7#i72 7#b7 in paragraph 7#h71 by inserting and after the semicolon at the end2 and 7#c7 by redesignating paragraphs 7#f71 7#g71 7#h71 and 7#aj7 as paragraphs 7#e71 7#f71 7#g71 and 7#h71 respectively4 7b7 ,special rule ,section #fcb7b7 7#bj ,u4,s4,c4 #aacb-a7b77 is amended by inserting substantial before need4 7c7 ,reports ,section #fcf 7#bj ,u4,s4,c4 #aacb-e7 is amended-- 7#a7 by inserting 7a7 ,biennial report on areas of national need4-- before ,the ,secretary2 and 7#b7 by adding at the end the following new subsection3 7b7 ,annual report on compliance with diverse perspectives and a wide range of views requirement ,not later than #ahj days after the date of the enactment of this subsection1 and annually thereafter1 the ,secretary shall submit to the authorizing committees a report that identifies the efforts taken to ensure recipients' compliance with the requirements under this title relating to the diverse perspectives and a wide range of views requirement1 including any technical assistance the ,department has provided1 any regulatory guidance the ,department has issued1 and any monitoring the ,department has conducted4 ,such report shall be made available to the public4 4 7d7 ,repeal of science and technology advanced foreign language education grant program ,section #fcg 7#bj ,u4,s4,c4 #aacb-f7 is repealed4 7e7 ,reporting by institutions ,section #fch7;b7 7#bj ,u4,s4,c4 #aacb-g7;b77 is amended to read as follows3 7b7 ,data required 7#a7 ,in general ,except as provided in paragraph 7#e71 the ,secretary shall require an institution of higher education referred to in subsection 7a7 to file a disclosure report under paragraph 7#b7 with the ,secretary on ,january #ca or ,july #ca1 whichever is sooner1 with respect to the date on which such institution received a contribution-- 7,a7 less than #g months from such date2 and 7,b7 greater than #cj days from such date4 7#b7 ,contents of report ,each report to the ,secretary required by this section shall contain the following information with respect to the institution of higher education filing the report3 7,a7 ,for gifts received from1 or contracts entered into with a foreign source other than a foreign government1 the following information3 7i7 ,the aggregate dollar amount of such gifts and contracts attributable to each country1 including the fair market value of the services of staff members1 textbooks1 and other in-kind gifts4 7ii7 ,the legal name of the entity providing any such gift or contract4 7iii7 ,the country to which the gift is attributable4 7,b7 ,for gifts received from1 or contracts entered into with1 a foreign government1 the aggregate dollar amount of such gifts and contracts received from each foreign government and the legal name of the entity providing any such gift or contract4 7,c7 ,in the case of an institution of higher education that is owned or controlled by a foreign source-- 7i7 the identity of the foreign source2 7ii7 the date on which the foreign source assumed ownership or control of the institution2 and 7iii7 any changes in program or structure resulting from the change in ownership or control4 7#c7 ,additional disclosures for restricted and conditional gifts ,notwithstanding paragraph 7#a71 when an institution of higher education receives a restricted or conditional gift or contract from a foreign source1 the institution shall disclose the following3 7,a7 ,in the case of gifts received from1 or contracts entered into with1 a foreign source other than a foreign government1 the amount1 the date1 and a description of such conditions or restrictions4 7,b7 ,the country to which the gift is attributable4 7,c7 ,in the case of gifts received from1 or contracts entered into with1 a foreign government1 the amount1 the date1 a description of such conditions or restrictions1 and the name of the foreign government4 7#d7 ,attribution of gifts ,for purposes of this subsection1 the country to which a gift is attributable is-- 7,a7 the country of citizenship2 or 7,b7 if the information described in subparagraph 7,a7 is not known-- 7i7 the principal residence for a foreign source who is a natural person2 or 7ii7 the principal place of business and country of incorporation for a foreign source that is a legal entity4 7#e7 ,relation to other reporting requirements 7,a7 ,state requirements ,if an institution described under subsection 7a7 is located within a ,state that has enacted requirements for public disclosure of gifts from1 or contracts with1 a foreign source that are substantially similar to the requirements of this section1 as determined by the ,secretary1 a copy of the disclosure report filed with the ,state may be filed with the ,secretary in lieu of a report required under paragraph 7#a74 7,b7 ,assurances ,with respect to an institution that submits a copy of a disclosure report pursuant to subparagraph 7,a71 the ,state in which such institution is located shall provide to the ,secretary such assurances as the ,secretary may require to establish that the institution has met the requirements for public disclosure under the laws of such ,state4 7,c7 ,use of other ,federal reports ,if an institution receives a gift from1 or enters into a contract with1 a foreign source1 where any other ,federal law or regulation requires a report containing requirements substantially similar to the requirements under this section1 as determined by the ,secretary1 a copy of the report may be filed with the ,secretary in lieu of a report required under subsection 7b74 7#f7 ,public inspection ,a disclosure report required by this section shall be-- 7,a7 available as public records open to inspection and copying during business hours2 7,b7 available electronically2 and 7,c7 made available under subparagraphs 7,a7 and 7,b7 not later than #cj days after the ,secretary receives such report4 7#g7 ,enforcement 7,a7 ,compel compliance ,whenever it appears that an institution has failed to comply with the requirements of this section1 including any rule or regulation promulgated under this section1 a civil action may be brought by the ,attorney ,general1 at the request of the ,secretary1 in an appropriate district court of the ,united ,states1 or the appropriate ,united ,states court of any territory or other place subject to the jurisdiction of the ,united ,states1 to request such court to compel compliance with the requirements of this section4 7,b7 ,costs ,for knowing or willful failure to comply with the requirements of this section1 including any rule or regulation promulgated thereunder1 an institution shall pay to the ,treasury of the ,united ,states the full costs to the ,united ,states of obtaining compliance1 including all associated costs of investigation and enforcement4 7#h7 ,definitions ,in this section3 7,a7 ,contract ,the term contract means any agreement for the acquisition by purchase1 lease1 gift1 or barter of property or services by the foreign source1 for the direct benefit or use of either of the parties4 7,b7 ,foreign source ,the term foreign source means-- 7i7 a foreign government1 including an agency of a foreign government2 7ii7 a legal entity1 governmental or otherwise1 created solely under the laws of a foreign state or states2 7iii7 an individual who is not a citizen or a national of the ,united ,states or a trust territory or protectorate thereof2 and 7iv7 an agent1 including a subsidiary or affiliate of a foreign legal entity1 acting on behalf of a foreign source4 7,c7 ,gift ,the term gift means any gift of money1 property1 human resources1 or payment of any staff4 7,d7 ,restricted or conditional ,the term restricted or conditional1 with respect to an endowment1 gift1 grant1 contract1 award1 present1 or property of any kind means including as a condition on such endowment1 gift1 grant1 contract1 award1 present1 or property provisions regarding-- 7i7 the employment1 assignment1 or termination of faculty2 7ii7 the establishment of departments1 centers1 research or lecture programs1 institutes1 instructional programs1 or new faculty positions2 7iii7 the selection or admission of students2 or 7iv7 the award of grants1 loans1 scholarships1 fellowships1 or other forms of financial aid restricted to students of a specified country1 religion1 sex1 ethnic origin1 or political opinion4 4 7f7 ,redesignations ,part ,d of title ,,vi 7#bj ,u4,s4,c4 #aacb et seq47 is amended-- 7#a7 by redesignating such part as part ,c2 and 7#b7 by redesignating sections #fca1 #fcb1 #fcc1 #fcd1 #fce1 #fcf1 and #fch as sections #fba1 #fbb1 #fbc1 #fbd1 #fbe1 #fbf1 and #fbg1 respectively4 7g7 ,continuation awards ,part ,c of title ,,vi 7#bj ,u4,s4,c4 #aaca et seq471 as so redesignated by subsection 7f77#a7 of this section1 is amended by adding at the end the following new sections3 #fbh4 ,continuation awards ,the ,secretary shall make continuation awards under this title for the second and succeeding years of a grant only after determining that the recipient is making satisfactory progress in carrying out the stated grant objectives approved by the ,secretary4 #fbi4 ,compliance with diverse perspective and a wide range of views ,when complying with the requirement of this title to offer a diverse perspective and a wide range of views1 a recipient of a grant under this title shall not promote any biased views that are discriminatory toward any group1 religion1 or population of people4 #fcj4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this title #fa1ebe1jjj for each of fiscal years #bjai through #bjbd4 4 ,,vii ,graduate and postsecondary improvement programs #gja4 ,graduate education programs 7a7 ,repeal of ,jacob ,k4 ,javits ,fellowship ,program ,subpart #a of part ,a of title ,,vii 7#bj ,u4,s4,c4 #aacd et seq47 is repealed4 7b7 ,repeal of ,thurgood ,marshall ,legal ,educational ,opportunity program ,subpart #c of part ,a of title ,,vii 7#bj ,u4,s4,c4 #aacf7 is repealed4 7c7 ,authorization of appropriations for graduate assistance in areas of national need ,section #gaf 7#bj ,u4,s4,c4 #aace;e7 is amended striking #ce1jjj1jjj and all that follows through the period at the end and inserting #bh1jdg1jjj for each of fiscal years #bjai through #bjbd44 7d7 ,redesignations ,part ,a of title ,,vii 7#bj ,u4,s4,c4 #aacd et seq47 is amended-- 7#a7 by redesignating subparts #b1 #d1 and #e as subparts #a1 #b1 and #c respectively2 7#b7 by redesignating sections #gaa through #gaf as sections #gja through #gjf1 respectively2 7#c7 by redesignating sections #gbc through #gbe as sections #gaa through #gac1 respectively2 and 7#d7 by redesignating section #gca as section #gba4 7e7 ,amendment of cross references ,part ,a of title ,,vii 7#bj ,u4,s4,c4 #aacd et seq47 is amended-- 7#a7 in section #gjc7;b77#h71 as so redesignated1 by striking section #gae and inserting section #gje2 7#b7 in section #gjd7;c771 as so redesignated-- 7,a7 by striking section #gae7;a7 and inserting section #gje7;a72 and 7,b7 by striking section #gac7;b77#b7 and inserting section #gjc7;b77#b72 7#c7 in section #gaa7;e71 as so redesignated1 by striking #gbd and inserting #gab2 7#d7 in section #gab7;e71 as so redesignated1 by striking #gbc and inserting #gaa2 7#e7 in section #gac1 as so redesignated-- 7,a7 in subsection 7a71 by striking section #gbc and all that follows through the period at the end and inserting section #gaa1 #g1ejj1jjj for fiscal year #bjai and each of the five succeeding fiscal years42 and 7,b7 in subsection 7b71 by striking section #gbd and inserting section #gab2 and 7#f7 in section #gba1 as so redesignated-- 7,a7 in the section heading1 by striking through #d and inserting and #b2 7,b7 by striking subparts #a through #d each place such term appears and inserting subparts #a and #b2 7,c7 in subsection 7c7-- 7i7 by striking section #gjc7;b7 or #gae7;a7 and inserting section #gje7;a72 and 7ii7 by striking subpart #a or #b1 respectively1 and inserting subpart #a2 and 7,d7 in subsection 7d71 by striking subpart #a1 #b1 #c1 or #d and inserting subpart #a or #b4 #gjb4 ,repeal of ,fund for the ,improvement of ,postsecondary ,education ,part ,b of title ,,vii 7#bj ,u4,s4,c4 #aach et seq47 is repealed4 #gjc4 ,programs for students with disabilities 7a7 ,redesignations 7#a7 ,subpart ,part ,d of title ,,vii 7#bj ,u4,s4,c4 #aadj et seq47 is amended by striking subparts #a and #c and redesignating subparts #b and #d as subparts #a and #b1 respectively4 7#b7 ,part ,part ,d of title ,,vii 7#bj ,u4,s4,c4 #aadj et seq471 as amended by paragraph 7#a71 is redesignated as part ,b of such ,act4 7#c7 ,definitions ,section #gfj 7#bj ,u4,s4,c4 #aadj7 is redesignated as section #gcj of such ,act4 7b7 ,model transition programs2 coordinating center 7#a7 ,purpose ,section #gff 7#bj ,u4,s4,c4 #aadj;f7 is redesignated as section #gca of such ,act4 7#b7 ,model comprehensive transition and postsecondary programs ,section #gfg 7#bj ,u4,s4,c4 #aadj;g7 is amended-- 7,a7 by redesignating such section as section #gcb of such ,act2 7,b7 in subsection 7a77#a7-- 7i7 by striking section #gfi7;a7 and inserting section #gcf7;a72 and 7ii7 by striking institutions of higher education 7or consortia of institutions of higher education71 to enable the institutions or consortia and inserting eligible applicants1 to enable the eligible applicants2 7,c7 by striking subsection 7b7 and inserting the following3 7b7 ,application ,an eligible applicant desiring a grant under this section shall submit to the ,secretary1 at such time and in such manner as the ,secretary may require1 an application that-- 7#a7 describes how the model program to be operated by the eligible applicant with grant funds received under this section will meet the requirements of subsection 7d72 7#b7 describes how the model program proposed to be operated is based on the demonstrated needs of students with intellectual disabilities served by the eligible applicant and potential employers2 7#c7 describes how the model program proposed to be operated will coordinate with other ,federal1 ,state1 and local programs serving students with intellectual disabilities1 including programs funded under the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq472 7#d7 describes how the model program will be sustained once the grant received under this section ends2 7#e7 if applicable1 describes how the eligible applicant will meet the preferences described in subsection 7c77#c72 and 7#f7 demonstrates the ability of the eligible applicant to meet the requirement under subsection 7e74 4 7,d7 in subsection 7c77#c7-- 7i7 in subparagraph 7,b71 by striking institution of higher education and inserting eligible applicant2 and 7ii7 in subparagraph 7,c71 by striking students attending the institution of higher education and inserting the eligible applicant's students2 7,e7 in subsection 7d7-- 7i7 in the matter preceding paragraph 7#a71 by striking ,an institution of higher education 7or consortium7 and inserting ,an eligible applicant2 7ii7 in paragraph 7#b71 by striking institution of higher education's and inserting eligible applicant's2 7iii7 in paragraph 7#c77;,d71 by striking that lead to gainful employment2 7iv7 in paragraph 7#e71 by striking section #ggg7;b7 and inserting section #gcd2 7v7 in paragraph 7#f71 by inserting and after the semicolon at the end2 7vi7 by striking paragraph 7#g72 and 7vii7 by redesignating paragraph 7#h7 as paragraph 7#g72 7,f7 in subsection 7e71 by striking ,an institution of higher education 7or consortium7 and inserting ,an eligible applicant2 7,g7 in subsection 7f71 by striking ,not later than five years after the date of the first grant awarded under this section and inserting ,not less often than once every #e years2 and 7,h7 by adding at the end the following new subsection3 7g7 ,definition ,for purposes of this subpart1 the term eligible applicant means an institution of higher education or a consortium of institutions of higher education4 4 7#c7 ,redesignations ,sections #gfh and #gfi 7#bj ,u4,s4,c4 #aadj;i7 are redesignated as sections #gcc and #gcf1 respectively4 7#d7 ,coordinating ,center and ,commission ,subpart #a of part ,d of title ,,vii1 as so redesignated by subsection 7a77#a71 is amended by inserting after section #gcc 7as so redesignated by paragraph 7#c77 the following3 #gcd4 ,coordinating center 7a7 ,purpose ,it is the purpose of this section to provide technical assistance and information on best and promising practices to eligible applicants awarded grants under section #gcb4 7b7 ,coordinating center 7#a7 ,definition of eligible entity ,in this section1 the term eligible entity means an entity1 or a partnership of entities1 that has demonstrated expertise in the fields of-- 7,a7 higher education2 7,b7 the education of students with intellectual disabilities2 7,c7 the development of comprehensive transition and postsecondary programs for students with intellectual disabilities2 and 7,d7 evaluation and technical assistance4 7#b7 ,in general ,from amounts appropriated under section #gcf1 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 with intellectual disabilities1 including eligible applicants receiving grants under section #gcb1 to 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 programs4 7#c7 ,administration ,the program under this section shall be administered by the office in the ,department that administers other postsecondary education programs4 7#d7 ,duration ,a cooperative agreement entered into pursuant to this section shall have a term of #e years4 7#e7 ,requirements of cooperative agreement ,the cooperative agreement entered into pursuant to this section shall provide that the eligible entity entering into such agreement shall establish and maintain a coordinating center that shall-- 7,a7 serve as the technical assistance entity for all comprehensive transition and postsecondary programs for students with intellectual disabilities2 7,b7 provide technical assistance regarding the development1 evaluation1 and continuous improvement of such programs2 7,c7 develop an evaluation protocol for such programs that includes qualitative and quantitative methodologies for measuring student outcomes and program strengths in the areas of academic enrichment1 socialization1 independent living1 and competitive or supported employment2 7,d7 assist recipients of grants under section #gcb in efforts to award a meaningful credential to students with intellectual disabilities upon the completion of such programs1 which credential shall take into consideration unique ,state factors2 7,e7 develop recommendations for the necessary components of such programs1 such as-- 7i7 academic1 vocational1 social1 and independent living skills2 7ii7 evaluation of student progress2 7iii7 program administration and evaluation2 7iv7 student eligibility2 and 7v7 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 be2 7,f7 analyze possible funding sources for such programs and provide recommendations to such programs regarding potential funding sources2 7,g7 develop model memoranda of agreement for use between or among institutions of higher education and ,state and local agencies providing funding for such programs2 7,h7 develop mechanisms for regular communication1 outreach1 and dissemination of information about comprehensive transition and postsecondary programs for students with intellectual disabilities under section #gcb between or among such programs and to families and prospective students2 7,i7 host a meeting of all recipients of grants under section #gcb not less often than once every #c years2 and 7,j7 convene a workgroup to develop and recommend model criteria1 standards1 and components of such programs as described in subparagraph 7,e7 that are appropriate for the development of accreditation standards1 which workgroup shall include-- 7i7 an expert in higher education2 7ii7 an expert in special education2 7iii7 a representative of 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 association4 7#f7 ,report ,not less often than once every #e years1 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 paragraph 7#e77;,j74 #gce4 ,accessible instructional materials in higher education 7a7 ,commission structure 7#a7 ,establishment of commission 7,a7 ,in general ,the ,speaker of the ,house of ,representatives1 the ,president pro tempore of the ,senate1 and the ,secretary of ,education shall establish an independent commission1 comprised of key stakeholders1 to develop voluntary guidelines for accessible postsecondary electronic instructional materials and related technologies in order-- 7i7 to ensure students with disabilities are afforded the same educational benefits provided to nondisabled students through the use of electronic instructional materials and related technologies2 7ii7 to inform better the selection and use of such materials and technologies at institutions of higher education2 and 7iii7 to encourage entities that produce such materials and technologies to make accessible versions more readily available in the market4 ,in fulfilling this duty1 the commission shall review applicable national and international information technology accessibility standards1 which it will compile and annotate as an additional information resource for institutions of higher education and companies that service the higher education market4 7,b7 ,membership 7i7 ,stakeholder groups ,the commission shall be composed of representatives from the following categories3 7,i7 ,disability ,communities of persons with disabilities for whom the accessibility of postsecondary electronic instructional materials and related technologies is a significant factor in ensuring equal participation in higher education1 and nonprofit organizations that provide accessible electronic materials to these communities4 7,,ii7 ,higher education ,higher education leadership1 which includes3 university presidents1 provosts1 deans1 vice presidents1 deans of libraries1 chief information officers1 and other senior institutional executives4 7,,iii7 ,industry ,relevant industry representatives1 meaning-- 7aa7 developers of postsecondary electronic instructional materials2 and 7bb7 manufacturers of related technologies4 7ii7 ,appointment of members ,the commission members shall be appointed as follows3 7,i7 ,six members1 #b from each category described in clause 7i71 shall be appointed by the ,speaker of the ,house of ,representatives1 #c of whom shall be appointed on the recommendation of the majority leader of the ,house of ,representatives and #c of whom shall be appointed on the recommendation of the minority leader of the ,house of ,representatives1 with the ,speaker ensuring that #a developer of postsecondary electronic instructional materials and #a manufacturer of related technologies are appointed4 ,the ,speaker shall also appoint #b additional members1 #a student with a disability and #a faculty member from an institution of higher education4 7,,ii7 ,six members1 #b from each category described in clause 7i71 shall be appointed by the ,president pro tempore of the ,senate1 #c of whom shall be appointed on the recommendation of the majority leader of the ,senate and #c of whom shall be appointed on the recommendation of the minority leader of the ,senate1 with the ,president pro tempore ensuring that #a developer of postsecondary electronic instructional materials and #a manufacturer of related technologies are appointed4 ,the ,president pro tempore shall also appoint #b additional members1 #a student with a disability and #a faculty member from an institution of higher education4 7,,iii7 ,three members1 each of whom must possess extensive1 demonstrated technical expertise in the development and implementation of accessible postsecondary electronic instructional materials1 shall be appointed by the ,secretary of ,education4 ,one of these members shall represent postsecondary students with disabilities1 #a shall represent higher education leadership1 and #a shall represent developers of postsecondary electronic instructional materials4 7iii7 ,eligibility to serve on the commission ,federal employees are ineligible for appointment to the commission4 ,an appointee to a volunteer or advisory position with a ,federal agency or related advisory body may be appointed to the commission so long as his or her primary employment is with a non-,federal entity and he or she is not otherwise engaged in financially compensated work on behalf of the ,federal ,government1 exclusive of any standard expense reimbursement or grant-funded activities4 7#b7 ,authority and administration 7,a7 ,authority ,the commission's execution of its duties shall be independent of the ,secretary of ,education1 the ,attorney ,general1 and the head of any other agency or department of the ,federal ,government with regulatory or standard setting authority in the areas addressed by the commission4 7,b7 ,administration 7i7 ,staffing ,there shall be no permanent staffing for the commission4 7ii7 ,leadership ,commission members shall elect a chairperson from among the #ai appointees to the commission4 7iii7 ,administrative support ,the ,commission shall be provided administrative support1 as needed1 by the ,secretary of ,education through the ,office of ,postsecondary ,education of the ,department of ,education4 7,c7 ,termination ,the ,commission shall terminate on the day after the date on which the ,commission issues the voluntary guidelines and annotated list of information technology standards described in subsection 7b71 or two years from the date of enactment of the ,,prosper ,act1 whichever comes first4 7b7 ,duties of the commission 7#a7 ,produce voluntary guidelines ,not later than #ah months after the date of enactment of the ,,prosper ,act1 subject to a #f-month extension that it may exercise at its discretion1 the commission established in subsection 7a7 shall-- 7,a7 develop and issue voluntary guidelines for accessible postsecondary electronic instructional materials and related technologies2 and 7,b7 in developing the voluntary guidelines1 the commission shall-- 7i7 establish a technical panel pursuant to paragraph 7#d7 to support the commission in developing the voluntary guidelines2 7ii7 develop criteria for determining which materials and technologies constitute postsecondary electronic instructional materials and related technologies as defined in subparagraphs 7,d7 and 7,e7 of subsection 7f72 7iii7 identify existing national and international accessibility standards that are relevant to student use of postsecondary electronic instructional materials and related technologies at institutions of higher education2 7iv7 identify and address any unique pedagogical and accessibility requirements of postsecondary electronic instructional materials and related technologies that are not addressed1 or not adequately addressed1 by the identified1 relevant existing accessibility standards2 7v7 identify those aspects of accessibility1 and types of postsecondary instructional materials and related technologies1 for which the commission cannot produce guidelines or which cannot be addressed by existing accessibility standards due to-- 7,i7 inherent limitations of commercially available technologies2 or 7,,ii7 the challenges posed by a specific category of disability that covers a wide spectrum of impairments and capabilities which makes it difficult to assess the benefits from particular guidelines on a categorical basis2 7vi7 ensure that the voluntary guidelines are consistent with the requirements of 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 7#db ,u4,s4,c4 #abaca et seq42 #db ,u4,s4,c4 #abaha et seq472 7vii7 ensure that the voluntary guidelines are consistent1 to the extent feasible and appropriate1 with the technical and functional performance criteria included in the national and international accessibility standards identified by the commission as relevant to student use of postsecondary electronic instructional materials and related technologies2 7viii7 allow for the use of an alternative design or technology that results in substantially equivalent or greater accessibility and usability by individuals with disabilities than would be provided by compliance with the voluntary guidelines2 and 7ix7 provide that where electronic instructional materials or related technologies that comply fully with the voluntary guidelines are not commercially available1 or where such compliance is not technically feasible1 the institution may select the product that best meets the voluntary guidelines consistent with the institution's business and pedagogical needs4 7#b7 ,produce annotated list of information technology standards ,not later than #ah months after the date of the enactment of the ,,prosper ,act1 subject to a #f-month extension that it may exercise at its discretion1 the commission established in subsection 7a7 shall1 with the assistance of the technical panel established under paragraph 7#d71 develop and issue an annotated list of information technology standards4 7#c7 ,supermajority approval ,issuance of the voluntary guidelines and annotated list of information technology standards shall require approval of at least #ge percent 7at least #ae7 of the #ai members of the commission4 7#d7 ,establishment of technical panel ,not later than #a month after the ,commission's first meeting1 it shall appoint and convene a panel of #ab technical experts1 each of whom shall have extensive1 demonstrated technical experience in developing1 researching1 or implementing accessible postsecondary electronic instructional materials or related technologies4 ,the commission has discretion to determine a process for nominating1 vetting1 and confirming a panel of experts that fairly represents the stakeholder communities on the commission4 ,the technical panel shall include a representative from the ,united ,states ,access ,board4 7c7 ,periodic review and revision of voluntary guidelines ,not later than #e years after issuance of the voluntary guidelines and annotated list of information technology standards described in paragraphs 7#a7 and 7#b7 of section 7b71 and every #e years thereafter1 the ,secretary of ,education shall publish a notice in the ,federal ,register requesting public comment about whether there is a need to reconstitute the commission to update the voluntary guidelines and annotated list of information technology standards to reflect technological advances1 changes in postsecondary electronic instructional materials and related technologies1 or updated national and international accessibility standards4 ,the ,secretary shall submit a report to ,congress summarizing the public comments and presenting the ,secretary's decision on whether to reconstitute the commission based on those comments4 ,if the ,secretary decides to reconstitute the commission1 the ,secretary may implement that decision #cj days after the date on which the report was submitted to ,congress4 ,that process shall begin with the ,secretary requesting the appointment of commission members as detailed in subsection 7a77#a77;,b77ii74 ,if the ,secretary reconstitutes the ,commission1 the ,commission shall terminate on the day after the date on which the ,commission issues updated voluntary guidelines and annotated list of information technology standards1 or two years from the date on which the ,secretary reconstitutes the ,commission1 whichever comes first4 7d7 ,safe harbor protections ,the following defenses from liability may be asserted with respect to claims regarding the use of postsecondary instructional materials and related technologies arising under 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 seq4 and #abaha et seq471 subject to the judicial review afforded under those ,acts and without limiting any other defenses provided under those ,acts3 7#a7 ,safe harbor for conforming postsecondary electronic instructional materials and related technologies ,an institution of higher education that requires1 provides1 or both recommends and provides1 postsecondary electronic instructional materials or related technologies that conform to the voluntary guidelines shall be deemed in compliance with1 and qualify for a safe harbor from liability in relation to1 its obligations under 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 7#db ,u4,s4,c4 #abaca et seq42 #db ,u4,s4,c4 #abaha et seq47 with respect to its selection of such materials or technologies4 7#b7 ,limited safe harbor for nonconforming postsecondary electronic instructional materials or related technologies ,an institution of higher education that requires1 provides1 or both recommends and provides1 postsecondary electronic instructional materials or related technologies that do not fully conform with the voluntary guidelines1 but which institution otherwise complies with all requirements set forth in subparagraphs 7,a71 7,b71 and 7,c71 will qualify for a limited safe harbor from monetary damages under 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 7#db ,u4,s4,c4 #abaca et seq42 #db ,u4,s4,c4 #abaha et seq471 with available remedies under section #eje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;a71 section #ajc of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abacc71 and section #cjh of such ,act 7#db ,u4,s4,c4 #abahh7 limited to declaratory and injunctive relief1 and for a prevailing party other than the ,united ,states1 a reasonable attorney's fee1 if the institution-- 7,a7 documented its efforts to incorporate and use the voluntary guidelines in its policies and practices regarding its selection or procurement of postsecondary electronic instructional materials and related technologies4 ,these efforts may include establishment of a written policy regarding the institution's use of the voluntary guidelines1 identifying the official7s7 authorized to approve the selection of nonconforming postsecondary electronic instructional materials or related technologies1 and procedures used by the official7s7 when making such authorizations2 7,b7 documented instances where nonconforming postsecondary electronic instructional materials or related technologies are selected or procured1 including an explanation of-- 7i7 the process utilized for identifying accessible options in the marketplace2 7ii7 the options considered1 if any are available2 7iii7 the choice the institution ultimately made and why2 7iv7 what auxiliary aid or service1 reasonable modification1 or other method the institution will utilize to ensure that affected students within categories of disability are afforded the rights to which they are entitled under 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 7#db ,u4,s4,c4 #abaca et seq42 #db ,u4,s4,c4 #abaha et seq471 including an equally effective opportunity to receive the same educational benefit as afforded to nondisabled students2 and 7v7 where a student or students with disabilities are affected by nonconforming instructional materials or related technologies1 what auxiliary aid or service1 reasonable modification1 or other method the institution is using to ensure the student or students are afforded the rights described in clause 7iv72 and 7,c7 posted a link to an accessible copy of the voluntary guidelines and annotated list of information technology standards on a publicly available page of its website4 7e7 ,construction 7#a7 ,nonconforming postsecondary electronic instructional materials or related technologies ,nothing in this section shall be construed to require an institution of higher education to require1 provide1 or both recommend and provide1 postsecondary electronic instructional materials or related technologies that conform to the voluntary guidelines4 ,however1 an institution that selects or uses nonconforming postsecondary electronic instructional materials or related technologies must otherwise comply with existing obligations under 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 7#db ,u4,s4,c4 #abaca et seq42 #db ,u4,s4,c4 #abaha et seq47 to provide access to the educational benefit afforded by such materials and technologies through provision of appropriate and reasonable modification1 accommodation1 and auxiliary aids or services4 7#b7 ,relationship to existing laws and regulations ,with respect to 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 seq471 except as provided in subsection 7d71 nothing in this section may be construed-- 7,a7 to authorize or require conduct prohibited under the ,americans with ,disabilities ,act of #aiij and the ,rehabilitation ,act of #aigc1 including the regulations issued pursuant to those laws2 7,b7 to expand1 limit1 or alter the remedies or defenses under the ,americans with ,disabilities ,act of #aiij and the ,rehabilitation ,act of #aigc2 7,c7 to supersede1 restrict1 or limit the application of the ,americans with ,disabilities ,act of #aiij and the ,rehabilitation ,act of #aigc2 or 7,d7 to limit the authority of ,federal agencies to issue regulations pursuant to the ,americans with ,disabilities ,act of #aiij and the ,rehabilitation ,act of #aigc4 7#c7 ,voluntary nature of the products of the commission 7,a7 ,voluntary guidelines ,it is the intent of the ,congress that use of the voluntary guidelines developed pursuant to this section is and should remain voluntary4 ,the voluntary guidelines shall not confer any rights or impose any obligations on commission participants1 institutions of higher education1 or other persons1 except for the legal protections set forth in subsection 7d74 ,thus1 no department or agency of the ,federal ,government may incorporate the voluntary guidelines1 whether produced as a discrete document or electronic resource1 into regulations promulgated under the ,rehabilitation ,act1 the ,americans with ,disabilities ,act1 or any other ,federal law or instrument4 ,this restriction applies only to the voluntary guidelines as a discrete document or resource2 it imposes no limitation on ,federal use of standards or resources to which the voluntary guidelines may refer4 7,b7 ,annotated list ,it is the intent of ,congress that use of the annotated list of information technology standards developed pursuant to this section is and should remain voluntary4 ,the ,annotated ,list shall not confer any rights or impose any obligations on ,commission participants1 institutions of higher education1 or other persons4 ,thus1 no department or agency of the ,federal ,government may incorporate the ,annotated ,list1 whether produced as a discrete document or electronic resource into regulations promulgated under the ,rehabilitation ,act1 the ,americans with ,disabilities ,act1 or any other ,federal law or instrument4 ,this provision applies only to the ,annotated ,list as a discrete document or resource2 it imposes no limitation on ,federal use of standards or resources to which the ,annotated ,list may refer4 7f7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,annotated list of information technology standards ,the term annotated list of information technology standards means a list of existing national and international accessibility standards relevant to student use of postsecondary electronic instructional materials and related technologies1 and to other types of information technology common to institutions of higher education 7such as institutional websites and class registration systems71 annotated by the commission established pursuant to subsection 7a7 to provide information about the applicability of such standards in higher education settings4 ,the annotated list of information technology standards is intended to serve solely as a reference tool to inform any consideration of the relevance of such standards in higher education contexts4 7#b7 ,disability ,the term disability has the meaning given such term in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7#c7 ,nonconforming postsecondary electronic instructional materials or related technologies ,the term nonconforming materials or related technologies means postsecondary electronic instructional materials or related technologies that do not conform to the voluntary guidelines to be developed pursuant to this subpart4 7#d7 ,postsecondary electronic instructional materials ,the term postsecondary electronic instructional materials means digital curricular content that is required1 provided1 or both recommended and provided by an institution of higher education for use in a postsecondary instructional program4 7#e7 ,related technologies ,the term related technologies refers to any software1 applications1 learning management or content management systems1 and hardware that an institution of higher education requires1 provides1 or both recommends and provides for student access to and use of postsecondary electronic instructional materials in a postsecondary instructional program4 7#f7 ,technical panel ,the term technical panel means a group of experts with extensive1 demonstrated technical experience in the development and implementation of accessibility features for postsecondary electronic instructional materials and related technologies1 established by the ,commission pursuant to subsection 7b77#d71 which will assist the commission in the development of the voluntary guidelines and annotated list of information technology standards authorized under this subpart4 7#g7 ,voluntary guidelines ,the term voluntary guidelines means a set of technical and functional performance criteria to be developed by the commission established pursuant to subsection 7a7 that provide specific guidance regarding both the accessibility and pedagogical functionality of postsecondary electronic instructional materials and related technologies not addressed1 or not adequately addressed1 by existing accessibility standards4 4 7#e7 ,authorization of appropriations ,section #gcf1 as so redesignated by paragraph 7#c71 is amended-- 7,a7 in subsection 7a71 by striking such sums as may be necessary for fiscal year #bjji and inserting #aa1hjj1jjj for fiscal year #bjai2 and 7,b7 by striking subsection 7b7 and inserting the following3 7b7 ,reservation of funds ,for any fiscal year for which appropriations are made for this subpart1 the ,secretary-- 7#a7 shall reserve funds to enter into a cooperative agreement to establish the coordinating center under section #gcd1 in an amount that is equal to-- 7,a7 not less than #bdj1jjj for any year in which the amount appropriated to carry out this subpart is #h1jjj1jjj or less2 or 7,b7 equal to #c percent of the amount appropriated to carry out this subpart for any year in which such amount appropriated is greater than #h1jjj1jjj2 and 7#b7 may reserve funds to award the grant1 contract1 or cooperative agreement described in section #gdb4 4 7c7 ,national technical assistance center 7#a7 ,subpart heading ,the subpart heading for subpart #b of part ,b of title ,,vii 7#bj ,u4,s4,c4 #aadjp et seq471 as redesignated by subsection 7a71 is amended by striking 2 ,coordinating center4 7#b7 ,purpose ,section #ggf 7#bj ,u4,s4,c4 #aadjp7 is amended-- 7,a7 by redesignating such section as section #gda of such ,act2 and 7,b7 by striking grants1 contracts1 or cooperative agreements under subpart #a1 #b1 or #c and inserting grants or a cooperative agreement under subpart #a4 7#c7 ,national technical assistance ,section #ggg 7#bj ,u4,s4,c4 #aadjq7 is amended-- 7,a7 by redesignating such section as section #gdb of such ,act2 7,b7 in the section heading1 by striking 2 ,coordinating center2 7,c7 in subsection 7a77#a71 by striking appropriated under section #ggh and inserting reserved under section #gcf7;b77#b72 7,d7 by amending subsection 7a77#c77;,d7 to read as follows3 7,d7 the subject supported by the grants or cooperative agreement authorized in subpart #a4 2 7,e7 in subsection 7a77#d77;,a77ii71 by striking subparts #b1 #d1 and #e and inserting subparts #b and #e2 and 7,f7 in subsection 7a77#d77;,b71 by striking grants1 contracts1 or cooperative agreements authorized under subparts #a1 #b1 and #c each place it appears and inserting grants and cooperative agreement authorized under subpart #a4 7#d7 ,authorization of appropriations ,section #ggh 7#bj ,u4,s4,c4 #aadjr7 is repealed4 #gjd4 ,repeal of college access challenge grant program ,part ,e of title ,,vii 7#bj ,u4,s4,c4 #aada7 is repealed4 ,,viii ,other ,repeals #hja4 ,repeal of additional programs 7a7 ,higher ,education ,act of #aife ,title ,,viii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aafa;a et seq47 is repealed4 7b7 ,higher ,education ,opportunity ,act ,the ,higher ,education ,opportunity ,act 7,public ,law #aaj-cae2 #abb ,stat4 #cjgh et seq47 is amended by repealing sections #hjb and #hjc4 7c7 ,higher ,education ,amendments of #aiih ,the ,higher ,education ,amendments of #aiih 7,public ,law #aje-bdd2 #aab ,stat4 #aeha et seq47 is amended by repealing parts ,d and ,h of title ,,viii4 7d7 ,higher ,education ,amendments of #aiib ,the ,higher ,education ,amendments of #aiib 7,public ,law #ajb-cbe2 #ajf ,stat4 #ddh et seq47 is amended by repealing part ,e of title ,,xv4 ,,ix ,amendments to other laws ,a ,education of the ,deaf ,act of #aihf #ija4 ,education of the ,deaf ,act of #aihf 7a7 ,board of trustees ,section #ajc7;a77#a7 of the ,education of the ,deaf ,act of #aihf 7#bj ,u4,s4,c4 #dcjc7;a77#a77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking twenty-one and inserting twenty-three2 7#b7 in subparagraph 7,a7-- 7,a7 by striking three public and inserting four public2 7,b7 by striking one shall and all that follows through 1 and and inserting two shall be ,united ,states ,senators1 of whom one shall be appointed by the ,majority ,leader of the ,senate and one shall be appointed by the ,minority ,leader of the ,senate1 and 2 and 7,c7 by striking appointed by the ,speaker of the ,house of ,representatives and inserting 1 of whom one shall be appointed by the ,speaker of the ,house of ,representatives and one shall be appointed by the ,minority ,leader of the ,house of ,representatives2 and 7#c7 in subparagraph 7,b71 by striking eighteen and inserting nineteen4 7b7 ,laurent ,clerc ,national ,deaf ,education ,center ,section #ajd7;b77#e7 of the ,education of the ,deaf ,act of #aihf 7#bj ,u4,s4,c4 #dcjd7;b77#e77 is amended to read as follows3 7#e7 ,the ,university1 for purposes of the elementary and secondary education programs carried out by the ,clerc ,center1 shall-- 7,a7 7i7 7,i7 provide an assurance to the ,secretary that it has adopted and is implementing challenging ,state academic standards that meet the requirements of section #aaaa7;b77#a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7;b77#a772 7,,ii7 demonstrate to the ,secretary that the ,university is implementing a set of high-quality student academic assessments in mathematics1 reading or language arts1 and science1 and any other subjects chosen by the ,university1 that meet the requirements of section #aaaa7;b77#b7 of such ,act 7#bj ,u4,s4,c4 #fcaa7;b77#b772 and 7,,iii7 demonstrate to the ,secretary that the ,university is implementing an accountability system consistent with section #aaaa7;c7 of such ,act 7#bj ,u4,s4,c4 #fcaa7;c772 or 7ii7 7,i7 select the challenging ,state academic standards and ,state academic assessments of a ,state1 adopted and implemented1 as appropriate1 pursuant to paragraphs 7#a7 and 7#b7 of section #aaaa7;b7 of such ,act 7#bj ,u4,s4,c4 #fcaa7;b772 and 7,,ii7 adopt the accountability system1 consistent with section #aaaa7;c7 of such ,act 7#bj ,u4,s4,c4 #fcaa7;c771 of such ,state2 and 7,b7 publicly report1 except in a case in which such reporting would not yield statistically reliable information or would reveal personally identifiable information about an individual student-- 7i7 the results of the academic assessments implemented under subparagraph 7,a72 and 7ii7 the results of the annual evaluation of the programs at the ,clerc ,center1 as determined using the accountability system adopted under subparagraph 7,a74 4 7c7 ,repeal of cultural experiences grants program ,part ,c of title ,i of the ,education of the ,deaf ,act of #aihf 7#bj ,u4,s4,c4 #dcda7 is repealed4 7d7 ,repeal of authorization of appropriations for monitoring and evaluation ,subsection 7c7 of section #bje of the ,education of the ,deaf ,act of #aihf 7#bj ,u4,s4,c4 #dcee7;c77 is repealed4 7e7 ,federal endowment funds ,section #bjg of the ,education of the ,deaf ,act of #aihf 7#bj ,u4,s4,c4 #dceg7 is amended-- 7#a7 in the heading of subsection 7b71 by striking ,federal ,payments and inserting ,payments2 7#b7 in subsection 7b71 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,from amounts provided by the ,secretary from funds appropriated under subsections 7a7 and 7b7 of section #bab1 respectively1 the ,university and ,,ntid may make payments1 in accordance with this section1 to the ,federal endowment fund of the institution involved4 7#b7 ,subject to paragraph 7#c71 in any fiscal year1 the total amount of payments made under paragraph 7#a7 to the ,federal endowment fund may not exceed the total amount contributed to the fund from non-,federal sources during such fiscal year4 7#c7 ,for purposes of paragraph 7#b71 the transfer of funds by an institution involved to the ,federal endowment fund from another endowment fund of such institution shall not be considered a contribution from a non-,federal source4 2 7#c7 in subsection 7e71 by striking ,federal payment and inserting payment under subsection 7b72 7#d7 in subsection 7f71 in the matter preceding paragraph 7#a71 by striking ,federal payments and inserting payments2 7#e7 in subsection 7g77#a71 by striking ,federal payments to such fund and inserting payments made under subsection 7b72 7#f7 by repealing subsection 7h72 and 7#g7 by redesignating subsection 7i7 as subsection 7h74 7f7 ,repeal of ,national ,study ,section #baa of the ,education of the ,deaf ,act of #aihf 7#bj ,u4,s4,c4 #dcfj7 is repealed4 7g7 ,authorization of appropriations ,section #bab of the ,education of the ,deaf ,act of #aihf 7#bj ,u4,s4,c4 #dcfj;a7 is amended-- 7#a7 in subsection 7a71 by striking such sums as may be necessary for each of the fiscal years #bjji through #bjad and inserting #aba1bge1jjj for each of the fiscal years #bjai through #bjbd2 and 7#b7 in subsection 7b71 by striking such sums as may be necessary for each of the fiscal years #bjji through #bjad and inserting #gj1jaf1jjj for each of the fiscal years #bjai through #bjbd4 7h7 ,technical amendments ,the ,education of the ,deaf ,act of #aihf is further amended-- 7#a7 in section #aab7;b77#c7 7#bj ,u4,s4,c4 #dccb7;b77#c771 by striking ,education and ,labor and inserting ,education and the ,workforce2 7#b7 in section #bjc 7#bj ,u4,s4,c4 #dcec7-- 7,a7 in the heading of subsection 7a71 by striking ,general ,accounting and inserting ,government ,accountability2 7,b7 in subsection 7a71 by striking ,general ,accounting and inserting ,government ,accountability2 7,c7 in subsection 7b77#c71 by striking ,education and ,labor and inserting ,education and the ,workforce2 and 7,d7 in subsection 7c77#b77;,a71 by striking ,education and ,labor and inserting ,education and the ,workforce2 7#c7 in section #bjd 7#bj ,u4,s4,c4 #dced71 by striking ,education and ,labor and inserting ,education and the ,workforce2 7#d7 in section #bjh7;a7 7#bj ,u4,s4,c4 #dcei7;a771 by striking ,education and ,labor and inserting ,education and the ,workforce2 and 7#e7 in section #baj7;b7 7#bj ,u4,s4,c4 #dcei;b7b771 by striking ,education and ,labor and inserting ,education and the ,workforce4 ,b ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh2 ,dine ,college ,act #iaa4 ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7a7 ,definitions ,section #b of the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahja7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#g71 by adding and at the end2 7,b7 in paragraph 7#h71 by striking 2 and and inserting a period2 and 7,c7 by striking paragraph 7#i72 and 7#b7 in subsection 7b7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,such number shall be calculated based on the number of ,indian students who are enrolled-- 7,a7 at the conclusion of the third week of each academic term2 or 7,b7 on the fifth day of a shortened program beginning after the conclusion of the third full week of an academic term4 2 7,b7 in paragraph 7#c71 by striking for purposes of obtaining and inserting solely for the purpose of obtaining2 and 7,c7 by inserting after paragraph 7#e71 the following3 7#f7 ,enrollment data from the prior-prior academic year shall be used4 4 7b7 ,authorization of appropriations ,the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahja et seq47 is amended by inserting after section #b 7#be ,u4,s4,c4 #ahja71 the following3 #c4 ,authorization of appropriations 7a7 ,titles ,i and ,,iv ,there are authorized to be appropriated #eg1dab1jjj for each of fiscal years #bjai through #bjbd to carry out titles ,i and ,,iv4 7b7 ,title ,v ,there are authorized to be appropriated #g1dad1jjj for each of fiscal years #bjai through #bjbd to carry out title ,v4 4 4 7c7 ,repeal of ,planning ,grants ,section #ajd of the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahjd;a7 is repealed4 7d7 ,grants to tribally controlled colleges and universities ,section #ajg of the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahjg7 is amended-- 7#a7 by striking subsection 7c72 and 7#b7 by redesignating subsection 7d7 as subsection 7c74 7e7 ,amount of grants ,section #ajh7;b77#a7 of the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahjh7;b77#a77 is amended-- 7#a7 by striking of the funds available for allotment by ,october #ae or no later than #ad days after appropriations become available and inserting of the amounts appropriated for any fiscal year on or before ,july #a of that fiscal year2 and 7#b7 by striking ,january #a and inserting ,september #cj2 7f7 ,authorization of appropriations ,section #aaj7;a7 of the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahaj7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking #c1bjj1jjj for fiscal year #bjji and2 7,b7 by striking for each of the five succeeding fiscal years2 and 7,c7 by inserting from the amount made available under section #c7;a7 for each fiscal year after necessary2 7#b7 in paragraph 7#b71 by striking for fiscal year #bjji and all that follows through the period at the end and inserting from the amount made available under section #c7;a7 for each fiscal year42 7#c7 in paragraph 7#c71 by striking for fiscal year #bjji and all that follows through the period at the end and inserting from the amount made available under section #c7;a7 for each fiscal year42 and 7#d7 in paragraph 7#d71 by striking #bjji and inserting #bjai4 7g7 ,rules and regulations ,the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahja et seq47 is amended by striking section #aae 7#be ,u4,s4,c4 #ahae74 7h7 ,repeal of endowment program 7#a7 ,repeal ,title ,,iii of the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahca et seq47 is repealed4 7#b7 ,transition 7,a7 ,in general ,subject to subparagraph 7,b71 title ,,iii of the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahca et seq471 as such title was in effect on the day before the date of the enactment of this ,act1 shall apply with respect to any endowment fund established or funded under such title before such date of enactment1 except that the ,secretary of the ,interior may not make any grants or ,federal capital contributions under such title after such date4 7,b7 ,termination ,subparagraph 7,a7 shall terminate on the date that is #bj years after the date of the enactment of this ,act4 ,on or after such date1 a tribally controlled college or university may use the corpus 7including the ,federal and institutional capital contribution7 of any endowment fund described in such subparagraph to pay any expenses relating to the operation or academic programs of such college or university4 7i7 ,tribal economic development2 authorization of appropriations ,section #djc of the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #aheb7 is amended by striking for fiscal year #bjji and all that follows through the period at the end and inserting from the amount made available under section #c7;a7 for each fiscal year4 4 7j7 ,tribally controlled postsecondary career and technical institutions ,section #ejd of the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahfd7 is amended by striking for fiscal year #bjji and all that follows through the period at the end and inserting from the amount made available under section #c7;b7 for each fiscal year4 7k7 ,clerical amendments ,the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahja et seq471 as amended by subsections 7a7 through 7j71 is further amended-- 7#a7 by striking ,bureau of ,indian ,affairs each place it appears and inserting ,bureau of ,indian ,education2 7#b7 by striking ,navajo ,community ,college ,act each place it appears and inserting ,dine ,college ,act2 7#c7 by striking colleges or universities each place it appears1 including in headings1 and inserting colleges and universities2 and 7#d7 in section #aji 7#be ,u4,s4,c4 #ahji71 by redesignating the second subsection 7c7 as subsection 7d74 #iab4 ,dine ,college ,act 7a7 ,short title ,the first section of ,public ,law #ib-ahi is amended by striking this ,act may be cited as the ,navajo ,community ,college ,act and inserting this ,act may be cited as the ,dine ,college ,act4 7b7 ,references ,any reference to the ,navajo ,community ,college ,act in any law 7other than this ,act71 regulation1 map1 document1 record1 or other paper of the ,united ,states shall be deemed to be a reference to the ,dine ,college ,act4 7c7 ,authorization of appropriations ,section #e of ,public ,law #ib-ahi is amended-- 7#a7 in subsection 7a77#a71 by striking for fiscal years #bjji through #bjad and inserting from the amount made available under subsection 7b77#a7 for each fiscal year2 and 7#b7 in subsection 7b77#a71 by striking such sums as are necessary for fiscal years #bjji through #bjad and inserting #ac1fjj1jjj for each of fiscal years #bjai through #bjbd4 ,c ,general ,education ,provisions ,act #iba4 ,release of education records to facilitate the award of a recognized postsecondary credential ,section #ddd7;b7 of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,k77ii71 by striking 2 and and inserting a semicolon2 and 7,b7 in subparagraph 7,l71 by striking the period at the end and inserting 2 and2 and 7#b7 by inserting after subparagraph 7,l7 the following3 7,m7 an institution of postsecondary education in which the student was previously enrolled1 to which records of postsecondary coursework and credits are sent for the purpose of applying such coursework and credits toward completion of a recognized postsecondary credential 7as that term is defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb771 upon condition that the student provides written consent prior to receiving such credential4 4 ,february #h1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed