I 118THCONGRESS 2 DSESSION H. R. 6951 To lower the cost of postsecondary education for students and families. IN THE HOUSE OF REPRESENTATIVES JANUARY11, 2024 Ms. F OXX(for herself, Mr. OWENS, Mr. GROTHMAN, Mr. ALLEN, Mr. S MUCKER, Mrs. MCCLAIN, Mrs. STEEL, and Mr. WILLIAMSof New York) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To lower the cost of postsecondary education for students and families. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) S HORTTITLE.—This Act may be cited as the 4 ‘‘College Cost Reduction Act’’. 5 (b) T ABLE OFCONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. References. TITLE I—TRANSPARENCY P ARTA—DEFINITIONS VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 6951 IH Sec. 101. Definitions. P ARTB—COLLEGECOSTS ANDFINANCIALVALUE Sec. 111. Financial aid offers. Sec. 112. College scorecard website. Sec. 113. Postsecondary student data system. Sec. 114. Database of student information prohibited. TITLE II—ACCESS AND AFFORDABILITY P ARTA—FINANCIALNEED Sec. 201. Amount of need; cost of attendance; median cost of college. P ARTB—FINANCIALAID SUBPART 1—GRANTS Sec. 211. Federal Pell Grant program. Sec. 212. Campus-based aid programs. SUBPART 2—LOANS Sec. 221. Loan limits. Sec. 222. Loan repayment. Sec. 223. Loan rehabilitation. Sec. 224. Interest capitalization. Sec. 225. Origination fees. TITLE III—ACCOUNTABILITY AND STUDENT SUCCESS P ARTA—ACCOUNTABILITY SUBPART 1—DEPARTMENT OF EDUCATION Sec. 301. Agreements with institutions. Sec. 302. Regulatory relief. Sec. 303. Limitation on authority of Secretary to propose or issue regulations and executive actions. Sec. 304. Office of Federal Student Aid. SUBPART 2—ACCREDITORS Sec. 311. Accrediting agency recognition. Sec. 312. National Advisory Committee on Institutional Quality and Integrity (NACIQI). Sec. 313. Alternative quality assurance experimental site initiative. P ARTB—STUDENTSUCCESS Sec. 321. Postsecondary student success grants. Sec. 322. Reverse Transfer Efficiency Act. Sec. 323. Transparent and fair transfer of credit policies. VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 6951 IH SEC. 2. REFERENCES. 1 Except as otherwise expressly provided, whenever in 2 this Act an amendment or repeal is expressed in terms 3 of an amendment to, or repeal of, a section or other provi-4 sion, the reference shall be considered to be made to a 5 section or other provision of the Higher Education Act of 6 1965 (20 U.S.C. 1001 et seq.). 7 TITLE I—TRANSPARENCY 8 PART A—DEFINITIONS 9 SEC. 101. DEFINITIONS. 10 (a) D EFINITIONS.—Section 103 of the Higher Edu-11 cation Act of 1965 (20 U.S.C. 1003) is amended by add-12 ing at the end the following: 13 ‘‘(25) CIP CODE.—The term ‘CIP code’ means 14 the six-digit taxonomic identification code assigned 15 by an institution of higher education to a specific 16 program of study at the institution, determined by 17 the institution in accordance with the Classification 18 of Instructional Programs published by the National 19 Center for Education Statistics. 20 ‘‘(26) C REDENTIAL LEVEL.— 21 ‘‘(A) I N GENERAL.—The term ‘credential 22 level’ means the level of the degree or other cre-23 dential awarded by an institution of higher edu-24 cation to students who complete a program of 25 study of the institution. Each degree or other 26 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 6951 IH credential awarded by an institution shall be 1 categorized by the institution as either under-2 graduate credential level or graduate credential 3 level. 4 ‘‘(B) U NDERGRADUATE CREDENTIAL .— 5 When used with respect to a credential or cre-6 dential level, the term ‘undergraduate creden-7 tial’ includes credentials such as an under-8 graduate certificate, an associate degree, a 9 bachelor’s degree, and a post-baccalaureate cer-10 tificate. 11 ‘‘(C) G RADUATE CREDENTIAL .—When 12 used with respect to a credential or credential 13 level, the term ‘graduate credential’ includes 14 credentials such as a master’s degree, a doc-15 toral degree, a professional degree, and a post-16 graduate certificate. 17 ‘‘(27) P ROGRAM OF STUDY .—The term ‘pro-18 gram of study’ means an academic program of study 19 offered to students by an institution of higher edu-20 cation that— 21 ‘‘(A) upon completion of the program, re-22 sults in the award of a credential to a student, 23 including a degree, diploma, or certificate, for 24 one credential level; 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 6951 IH ‘‘(B) is certified as a program of study in 1 the institution’s program participation agree-2 ment under section 487; and 3 ‘‘(C) is classified by a combination of— 4 ‘‘(i) a CIP code; and 5 ‘‘(ii) one credential level, determined 6 by the credential awarded upon completion 7 of the program. 8 ‘‘(28) P ROGRAM LENGTH .—The term ‘program 9 length’ means the minimum amount of time in 10 weeks, months, or years that is specified in the cata-11 log, marketing materials, or other official publica-12 tions of an institution of higher education for a full- 13 time student to complete the requirements for a spe-14 cific program of study and to obtain the degree or 15 credential awarded by such program. 16 ‘‘(29) T IME TO CREDENTIAL .—The term ‘time 17 to credential’ means, with respect to a student, the 18 actual amount of time in weeks, months, or years it 19 takes the student to complete the requirements for 20 a specific program of study and to obtain the degree 21 or credential awarded by such program. 22 ‘‘(30) V ALUE-ADDED EARNINGS.— 23 ‘‘(A) C ALCULATION.—With respect to a 24 student who received Federal financial aid 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 6 •HR 6951 IH under title IV and who completed a program of 1 study offered by an institution of higher edu-2 cation, the term ‘value-added earnings’ 3 means— 4 ‘‘(i) the annual earnings of such stu-5 dent measured during the applicable earn-6 ings measurement period for such program 7 (as determined under subparagraph (C)); 8 minus 9 ‘‘(ii) in the case of a student who 10 completed a program of study that 11 awards— 12 ‘‘(I) an undergraduate credential, 13 150 percent of the poverty line appli-14 cable to a single individual as deter-15 mined under section 673(2) of the 16 Community Services Block Grant Act 17 (42 U.S.C. 9902(2)) for such year; or 18 ‘‘(II) a graduate credential, 300 19 percent of the poverty line applicable 20 to a single individual as determined 21 under section 673(2) of the Commu-22 nity Services Block Grant Act (42 23 U.S.C. 9902(2)) for such year. 24 ‘‘(B) G EOGRAPHIC ADJUSTMENT .— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 7 •HR 6951 IH ‘‘(i) IN GENERAL.—Except as pro-1 vided in clause (ii), the Secretary shall use 2 the geographic location of the institution at 3 which a student completed a program of 4 study to adjust the value-added earnings of 5 the student calculated under subclause (A) 6 by dividing— 7 ‘‘(I) the difference between sub-8 clauses (I) and (II) of such subpara-9 graph; by 10 ‘‘(II) the most recent regional 11 price parity index of the Bureau of 12 Economics Analysis for the State or, 13 as applicable, metropolitan area in 14 which such institution is located. 15 ‘‘(ii) E XCEPTION.—The value-added 16 earnings of a student calculated under sub-17 paragraph (A) shall not be adjusted based 18 on geographic location in accordance with 19 clause (i) if such student attended prin-20 cipally through distance education. 21 ‘‘(C) E ARNINGS MEASUREMENT PERIOD .— 22 ‘‘(i) I N GENERAL.—For the purpose 23 of calculating the value-added earnings of 24 a student, except as provided in clause (ii), 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 8 •HR 6951 IH the annual earnings of a student shall be 1 measured— 2 ‘‘(I) in the case of a program of 3 study that awards an undergraduate 4 certificate, post baccalaureate certifi-5 cate, or graduate certificate, one year 6 after the student completes such pro-7 gram; 8 ‘‘(II) in the case of a program of 9 study that awards an associate’s de-10 gree or master’s degree, 2 years after 11 the student completes such program; 12 and 13 ‘‘(III) in the case of a program of 14 study that awards a bachelor’s degree, 15 doctoral degree, or professional de-16 gree, 4 years after the student com-17 pletes such program. 18 ‘‘(ii) E XCEPTION.—The Secretary 19 may, as the Secretary determines appro-20 priate based on the characteristics of a 21 program of study, extend an earnings 22 measurement period described in clause (i) 23 for a program of study that— 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 9 •HR 6951 IH ‘‘(I) requires completion of an 1 additional educational program after 2 completion of the program of study in 3 order to obtain a licensure associated 4 with the credential awarded for such 5 program of study; and 6 ‘‘(II) when combined with the 7 program length of such additional 8 educational program for licensure, has 9 a total program length that exceeds 10 the relevant earnings measurement 11 period prescribed for such program of 12 study under clause (i), 13 except that in no case shall the annual 14 earnings of a student be measured more 15 than 5 years after the student completes a 16 program of study.’’. 17 PART B—COLLEGE COSTS AND FINANCIAL 18 VALUE 19 SEC. 111. FINANCIAL AID OFFERS. 20 (a) I NSTITUTIONFINANCIALAIDOFFER.—Section 21 484 of the Higher Education Opportunity Act (20 U.S.C. 22 1092 note) is amended to read as follows: 23 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 10 •HR 6951 IH ‘‘SEC. 484. INSTITUTION FINANCIAL AID OFFER FORM. 1 ‘‘(a) S TANDARDFORM AND TERMINOLOGY.—The 2 Secretary of Education, in consultation with the heads of 3 relevant Federal agencies, shall develop standard termi-4 nology and a standard form for financial aid offers based 5 on recommendations from representatives of students, vet-6 erans, servicemembers, families of students, institutions of 7 higher education (including community colleges, for-profit 8 institutions, four-year public institutions, and four-year 9 private nonprofit institutions), financial aid experts, sec-10 ondary school and postsecondary counselors, college access 11 professionals, nonprofit organizations, and consumer 12 groups. 13 ‘‘(b) K EYREQUIREDCONTENTS FORAIDOFFER.— 14 The standard form developed pursuant to subsection (a) 15 shall be titled ‘Financial Aid Offer’ and shall include the 16 following items in a consumer-friendly manner that is sim-17 ple and understandable, with costs listed first, followed by 18 grants and scholarships, clearly separated from each other 19 with separate headings: 20 ‘‘(1) C OST INFORMATION.— 21 ‘‘(A) I N GENERAL.—Information on the 22 student’s estimated cost of attendance, includ-23 ing the following: 24 ‘‘(i) D IRECT COSTS.—The total cost of 25 all items described in section 472 of the 26 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 11 •HR 6951 IH Higher Education Act of 1965 (20 U.S.C. 1 1087ll) that are billed to the student by 2 the institution or otherwise required by the 3 institution for enrollment, including such 4 total cost disaggregated by the cost of each 5 such item, including, as determined under 6 such section— 7 ‘‘(I) tuition and fees (and other 8 required expenses); and 9 ‘‘(II) housing and food for a stu-10 dent electing institutionally owned or 11 operated food services or institution-12 ally owned or operated housing. 13 ‘‘(ii) I NDIRECT COSTS.—The total cost 14 (including such total cost disaggregated by 15 the cost of each item) as determined under 16 section 472 of the Higher Education Act 17 of 1965 (20 U.S.C. 1087ll), of— 18 ‘‘(I) housing and food for a stu-19 dent not electing institutionally owned 20 or operated food services and not liv-21 ing in institutionally owned or oper-22 ated housing; 23 ‘‘(II) books, school supplies, 24 equipment, course materials, and 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 12 •HR 6951 IH rental or purchase of a personal com-1 puter; 2 ‘‘(III) transportation; 3 ‘‘(IV) any other item described in 4 such section and not described in 5 clause (i) determined to be necessary 6 by the institution. 7 ‘‘(B) The academic period covered by the 8 financial aid offer, and an explanation that the 9 amount of financial aid offered may change— 10 ‘‘(i) for academic periods not covered 11 by the aid offer; or 12 ‘‘(ii) by program. 13 ‘‘(C) An indication of whether cost and aid 14 estimates are based on full-time or part-time 15 enrollment. 16 ‘‘(D) An indication, as applicable, about 17 whether any costs described in subparagraph 18 (A)(i) which are subject to change are— 19 ‘‘(i) estimated based on the previous 20 year; or 21 ‘‘(ii) set for the academic period indi-22 cated in accordance with subparagraph 23 (B). 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 13 •HR 6951 IH ‘‘(2) GRANTS AND SCHOLARSHIPS .—The aggre-1 gate amount of grants and scholarships, differen-2 tiated by source, that the student does not have to 3 repay, such as grant aid offered under title IV of the 4 Higher Education Act of 1965 (20 U.S.C. 1070 et 5 seq.), grant aid offered through other Federal pro-6 grams, grant aid offered by the institution, grant aid 7 offered by the State, and, if known, grant aid or 8 scholarship from an outside source to the student for 9 such academic period, including a disclosure that the 10 grants and scholarships do not have to be repaid, ex-11 cept that institutions shall be authorized to list indi-12 vidual grants and scholarships by name at the dis-13 cretion of the institution. 14 ‘‘(3) N ET PRICE.— 15 ‘‘(A) I N GENERAL.—The net price that the 16 student, is estimated to have to pay for the stu-17 dent to attend the institution for such academic 18 period, including the following: 19 ‘‘(i) M INIMUM AMOUNT COVERED BY 20 STUDENT FOR ENROLLMENT .—The net 21 price of tuition and fees (and other re-22 quired expenses), which is equal to— 23 ‘‘(I) the sum of the costs de-24 scribed in paragraph (1)(A) that are 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 14 •HR 6951 IH required for students (as determined 1 under paragraph (5)(B)) for the pe-2 riod indicated in paragraph (1)(B); 3 minus 4 ‘‘(II) the total amount of grant 5 and scholarship aid described in para-6 graph (2) that is included in the fi-7 nancial aid offer and available to the 8 student for the costs described in sub-9 clause (I). 10 ‘‘(ii) E STIMATED ANNUAL NET PRICE 11 OF ATTENDANCE .—The estimated net 12 price of attendance, which is equal to— 13 ‘‘(I) the cost of attendance for 14 the student for the period indicated in 15 paragraph (1)(B); minus 16 ‘‘(II) the total amount of grant 17 and scholarship aid described in para-18 graph (2). 19 ‘‘(B) D ISCLOSURE.—A disclosure that the 20 net price is based on an estimate of the total 21 cost of attendance for the year and not nec-22 essarily equivalent to the amount the student 23 will owe directly to the institution. 24 ‘‘(4) L OANS.— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 15 •HR 6951 IH ‘‘(A) Information on any education loan of-1 fered through any Federal or State program 2 (including any loan under part D or part E of 3 title IV of the Higher Education Act of 1965 4 (20 U.S.C. 1087a et seq.; 20 U.S.C. 1087aa et 5 seq.)) that the institution offers for the student 6 for the academic period covered by the offer, 7 which shall be made— 8 ‘‘(i) with clear use of the word ‘loan’ 9 to describe the recommended loan 10 amounts; and 11 ‘‘(ii) with clear labeling of subsidized 12 and unsubsidized loans. 13 ‘‘(B) If applicable, a disclosure that such 14 loans have to be repaid with interest. 15 ‘‘(C) Information on any other loan that 16 the student or parent has applied for and been 17 approved for, regardless of the source. 18 ‘‘(5) S TUDENT EMPLOYMENT .—Information on 19 work-study employment opportunities (including 20 work-study programs under part C of title IV of the 21 Higher Education Act of 1965 (20 U.S.C. 1087–51 22 et seq.), institutional work-study programs, or State 23 work-study programs), including— 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 16 •HR 6951 IH ‘‘(A) the maximum annual amount the stu-1 dent may earn through the program; and 2 ‘‘(B) a disclosure that any amounts re-3 ceived pursuant to such a program may be— 4 ‘‘(i) subject to the availability of quali-5 fied employment opportunities upon stu-6 dents enrollment; and 7 ‘‘(ii) disbursed over time as earned by 8 the student. 9 ‘‘(6) P ROCESS FOR ACCEPTING , ADJUSTING, OR 10 DECLINING AID AND NEXT STEPS .— 11 ‘‘(A) The deadlines and a summary of the 12 process (including the next steps) for— 13 ‘‘(i) accepting the financial aid of-14 fered; 15 ‘‘(ii) adjusting the amount of aid of-16 fered; and 17 ‘‘(iii) declining the aid offered. 18 ‘‘(B) Information on when and how costs 19 described in paragraph (1)(A)(i) must be paid, 20 including whether such costs are required or op-21 tional for the student. 22 ‘‘(C) A disclosure that verification of infor-23 mation provided on the Free Application for 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 17 •HR 6951 IH Federal Student Aid may require the student to 1 submit further documentation. 2 ‘‘(D) Information about where a student or 3 the student’s family can seek additional infor-4 mation regarding the financial aid offered, in-5 cluding contact information for the institution’s 6 financial aid office and the Department of Edu-7 cation’s website on financial aid. 8 ‘‘(E) Information about where a student or 9 a student’s family can seek additional informa-10 tion on college costs and student outcomes, in-11 cluding a link to the Department of Education’s 12 College Scorecard website (or successor 13 website). 14 ‘‘(7) N ET PRICE CALCULATOR .—A link to the 15 universal net price calculator described in section 16 132(c)(4). 17 ‘‘(8) A DDITIONAL INFORMATION .—Any other 18 information the Secretary of Education, in consulta-19 tion with the heads of relevant Federal agencies, in-20 cluding the Secretary of the Treasury and the Direc-21 tor of the Bureau of Consumer Financial Protection, 22 determines necessary, based on the results and input 23 of the consumer testing under subsection (h)(2), and 24 limited only to effectively communicating college 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 18 •HR 6951 IH costs and financial aid eligibility to students and 1 parents. 2 ‘‘(c) O THERREQUIREDCONTENTS FOR AID 3 O FFER.—The standard form developed under subsection 4 (a) shall include, in addition to the information described 5 in subsection (b), the following information in a concise 6 format determined by the Secretary of Education, in con-7 sultation with the heads of relevant Federal agencies and 8 the individuals and entities described in subsection (a): 9 ‘‘(1) Additional options and potential resources 10 for paying for the amount listed in subsection (b)(3), 11 such as tuition payment plans. 12 ‘‘(2) The following information relating to pri-13 vate student loans: 14 ‘‘(A) A disclosure that private education 15 loans may be available to cover remaining need, 16 except that the institution may not include pri-17 vate education loans other than under the con-18 ditions described in subsection (b)(4)(C) and 19 must include a disclosure that such loans— 20 ‘‘(i) are subject to an additional appli-21 cation process; and 22 ‘‘(ii) must be repaid by the borrower 23 or their co-signer, and may not be eligible 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 19 •HR 6951 IH for the benefits available for loans made 1 under title IV. 2 ‘‘(B) A statement that students consid-3 ering borrowing to cover the cost of attendance 4 should consider available Federal student loans 5 prior to applying for private education loans, in-6 cluding an explanation that Federal student 7 loans offer generally more favorable terms and 8 beneficial repayment options than private loans. 9 ‘‘(d) A DDITIONALFORMATTINGREQUIREMENTS FOR 10 F INANCIALAIDOFFER.—The financial aid offer shall 11 meet the following requirements: 12 ‘‘(1) Clearly distinguish between the aid offered 13 under paragraphs (2) and (4) of subsection (b), by 14 including a subtotal for the aid offered in each of 15 such paragraphs and by refraining from commin-16 gling the different types of aid described in such 17 paragraphs. 18 ‘‘(2) Use standard terminology and definitions, 19 as described in subsection (f)(1), and use plain lan-20 guage where possible. 21 ‘‘(3) Use the standard aid offer described in 22 subsection (f)(2). 23 ‘‘(e) S UPPLEMENTAL CONTENT AND DISCLOSURES 24 T OBEPROVIDED.—In addition to the standard form de-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 20 •HR 6951 IH scribed under subsection (a), institutions shall provide, in 1 supplemental documents or through easily accessible 2 weblinks to the institution’s portal or a website, the fol-3 lowing: 4 ‘‘(1) The renewability requirements and condi-5 tions under which the student can expect to receive 6 similar amounts of such financial aid for each aca-7 demic period the student is enrolled at the institu-8 tion. 9 ‘‘(2) Whether the aid offer may change if aid 10 from outside sources is applied after the student re-11 ceives the initial aid offer, and, if applicable, how 12 that aid will change. 13 ‘‘(3) If loans under part D or part E of title 14 IV of the Higher Education Act of 1965 (20 U.S.C. 15 1087a et seq.; 20 U.S.C. 1087aa et seq.) or other 16 education loans offered through Federal programs 17 are included— 18 ‘‘(A) a disclosure that the interest rates 19 and fees on such loans are set annually and af-20 fect total cost over time, and a link to any 21 website that includes current information on in-22 terest rates and fees; and 23 ‘‘(B) if an institution’s recommended Fed-24 eral student loan aid offered in subsection 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 21 •HR 6951 IH (b)(4) is less than the Federal maximum avail-1 able to the student, the institution shall provide 2 additional information on Federal student loans 3 including the types and amounts for which the 4 student is eligible and the process for request-5 ing higher loan amounts if offered loan 6 amounts were included. 7 ‘‘(4) If the institution opts not to disclose other 8 items described in subsection (b)(1)(A)(ii)(V) as 9 part of the aid offer, a list of such other items and 10 the allowance amount for each such item. 11 ‘‘(f) S TANDARDINFORMATION ESTABLISHED BY 12 S ECRETARY.— 13 ‘‘(1) S TANDARD TERMINOLOGY .—Not later 14 than 3 months after the date of enactment of the 15 College Cost Reduction Act, the Secretary of Edu-16 cation, in consultation with the heads of relevant 17 Federal agencies, and the individuals and entities 18 described in subsection (a) shall establish standard 19 terminology and definitions for the terms described 20 in subsection (b). 21 ‘‘(2) S TANDARD FORM.— 22 ‘‘(A) I N GENERAL.—The Secretary of Edu-23 cation shall develop multiple draft financial aid 24 offers for consumer testing, carry out consumer 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 22 •HR 6951 IH testing for such forms, and establish a finalized 1 standard financial aid offer in accordance 2 with— 3 ‘‘(i) the process established under sub-4 section (h); and 5 ‘‘(ii) the requirements of this section. 6 ‘‘(B) S EPARATE FINANCIAL AID OFFERS .— 7 The Secretary shall develop separate financial 8 aid offers for— 9 ‘‘(i) undergraduate students; and 10 ‘‘(ii) graduate students. 11 ‘‘(g) A DDITIONALINFORMATION; REMOVAL OFIN-12 FORMATION.—Nothing in this section shall preclude an in-13 stitution from— 14 ‘‘(1) supplementing the financial aid offer with 15 additional information, provided that such informa-16 tion utilizes the same standard terminology identi-17 fied in subsection (f)(1) and does not misrepresent 18 costs, financial aid offered, or net price; or 19 ‘‘(2) deleting a required item or disclosure if— 20 ‘‘(A) the student is ineligible for such aid; 21 ‘‘(B) the institution does not participate in 22 the aid program or type; 23 ‘‘(C) the aid offer does not include the aid 24 program or type; or 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 23 •HR 6951 IH ‘‘(D) a cost of attendance item is not ap-1 plicable to the student. 2 ‘‘(h) D EVELOPMENT OF FINANCIALAIDOFFER.— 3 ‘‘(1) D RAFT FORM.—Not later than 9 months 4 after the date of enactment of the College Cost Re-5 duction Act, the Secretary of Education, in consulta-6 tion with the heads of relevant Federal agencies and 7 the individuals and entities described in subsection 8 (a) shall design and produce multiple draft financial 9 aid offers for consumer testing with postsecondary 10 students or prospective students. In developing that 11 form, the Secretary shall ensure that— 12 ‘‘(A) the headings described in paragraphs 13 (1) through (4) of subsection (b) are in the 14 same font, appears in the same order, and are 15 displayed prominently on the financial aid offer, 16 such that none of that information is inappro-17 priately omitted or deemphasized; 18 ‘‘(B) the other information required under 19 subsection (b) appears in a standard format 20 and design on the financial aid offer; and 21 ‘‘(C) the institution may include a logo or 22 brand alongside the title of the financial aid 23 offer. 24 ‘‘(2) C ONSUMER TESTING.— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 24 •HR 6951 IH ‘‘(A) IN GENERAL.—Not later than 9 1 months after the date of enactment of the Col-2 lege Cost Reduction Act, the Secretary of Edu-3 cation, in consultation with the heads of rel-4 evant Federal agencies, shall establish a process 5 to submit the financial aid offer drafts devel-6 oped under paragraph (1) for consumer testing 7 among representatives of students (including 8 low-income students, first generation college 9 students, adult students, veterans, 10 servicemembers, and prospective students), stu-11 dents’ families (including low-income families, 12 families with first generation college students, 13 and families with prospective students), institu-14 tions of higher education, secondary school and 15 postsecondary counselors, and nonprofit con-16 sumer groups. 17 ‘‘(B) L ENGTH OF CONSUMER TESTING .— 18 The Secretary of Education shall ensure that 19 the consumer testing under this paragraph lasts 20 not longer than 8 months after the process for 21 consumer testing is developed under subpara-22 graph (A). 23 ‘‘(3) F INAL FORM.— 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 25 •HR 6951 IH ‘‘(A) IN GENERAL.—The results of con-1 sumer testing under paragraph (2) shall be 2 used in the development of the finalized stand-3 ard financial aid offer required under sub-4 section (f)(2). 5 ‘‘(B) R EPORTING REQUIREMENT .—Not 6 later than 3 months after the date on which the 7 consumer testing under paragraph (2) con-8 cludes, the Secretary of Education shall submit 9 to Congress, and publish on its website— 10 ‘‘(i) the final standard financial aid 11 offer; and 12 ‘‘(ii) a report detailing the results of 13 such testing, including whether the Sec-14 retary of Education added, modified, or 15 moved any additional items to the stand-16 ard financial aid offer pursuant to sub-17 section (b)(6). 18 ‘‘(4) A UTHORITY TO MODIFY .—The Secretary 19 of Education may modify or remove the definitions, 20 terms, formatting, and design of the financial aid 21 offer based on the results of consumer testing re-22 quired under this subsection and before finalizing 23 the form, or in subsequent consumer testing. The 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 26 •HR 6951 IH Secretary may also recommend additional changes to 1 Congress. 2 ‘‘(i) C OST OFATTENDANCEDEFINED.—In this sec-3 tion, the term ‘cost of attendance’ has the meaning given 4 such term in section 472 of the Higher Education Act of 5 1965 (20 U.S.C. 1087ll).’’. 6 (b) U SE OFMANDATORYFINANCIALAIDOFFER AND 7 T ERMS.—Part B of title I of the Higher Education Act 8 of 1965 (20 U.S.C. 1011 et seq.) is amended by adding 9 at the end the following: 10 ‘‘SEC. 124. USE OF MANDATORY FINANCIAL AID OFFER AND 11 TERMS. 12 ‘‘(a) I NGENERAL.—Notwithstanding any other pro-13 vision of law, each institution of higher education that re-14 ceives Federal financial assistance under this Act shall— 15 ‘‘(1) use the financial aid offer developed under 16 section 484 of the Higher Education Opportunity 17 Act (20 U.S.C. 1092 note) in providing paper, mo-18 bile-optimized offers, or other electronic offers to all 19 students who apply for aid and are accepted at the 20 institution; and 21 ‘‘(2) use the standard terminology and defini-22 tions developed by the Secretary of Education under 23 subsection (f)(1) of that section for all communica-24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 27 •HR 6951 IH tions from the institution related to financial aid of-1 fers. 2 ‘‘(b) E FFECTIVEDATE.—The requirements under 3 this section shall take effect on the first date on which 4 the Secretary releases the Free Application for Federal 5 Student Aid for the applicable award year associated with 6 that application, if such date occurs not less than 1 year 7 after the Secretary of Education finalizes the standard 8 terminology and form developed in accordance with section 9 484 of the Higher Education Opportunity Act (20 U.S.C. 10 1092 note). 11 ‘‘(c) A DMINISTRATIVE PROCEDURES.—Notwith-12 standing any other provision of law, the Secretary shall 13 not have the authority to prescribe regulations to carry 14 out this section.’’. 15 SEC. 112. COLLEGE SCORECARD WEBSITE. 16 (a) C OLLEGESCORECARDWEBSITE.— 17 (1) D EFINITIONS; CONFORMING AMEND -18 MENTS.—Section 132 of the Higher Education Act 19 of 1965 (20 U.S.C. 1015a(a)) is amended— 20 (A) by amending subsection (a) to read as 21 follows: 22 ‘‘(a) D EFINITIONS.—In this section: 23 ‘‘(1) C OLLEGE SCORECARD WEBSITE .—The 24 term ‘College Scorecard website’ means the College 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 28 •HR 6951 IH Scorecard website required under subsection (c) and 1 includes any successor website. 2 ‘‘(2) C OST OF ATTENDANCE .—The term ‘cost of 3 attendance’ has the meaning given such term in sec-4 tion 472. 5 ‘‘(3) T OTAL NET PRICE REQUIRED FOR COM -6 PLETION.—The term ‘total net price required for 7 completion’ means, with respect to the period of 8 completion of a program of study— 9 ‘‘(A) the sum of the required costs de-10 scribed in section 484(b)(3)(A)(i)(I) charged to 11 a student for such period of completion; minus 12 ‘‘(B) the total amount of grant and schol-13 arship aid described in paragraph (2) of section 14 484(b) that is available to the student for the 15 costs described in subparagraph (A) for comple-16 tion of a program of study.’’; 17 (B) by striking subsections (b) through 18 (g); and 19 (C) by redesignating subsection (h) as sub-20 section (b). 21 (2) S CORECARD AUTHORIZED .—Section 132 of 22 the Higher Education Act of 1965 (20 U.S.C. 23 1015a) is further amended— 24 (A) by striking subsection (i); and 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 29 •HR 6951 IH (B) by inserting after subsection (b) the 1 following: 2 ‘‘(c) C ONSUMERINFORMATION.— 3 ‘‘(1) A VAILABILITY OF INFORMATION FOR 4 TITLE IV INSTITUTIONS AND PROGRAMS .—Not later 5 than 18 months after the date of the enactment of 6 the College Cost Reduction Act, the Secretary shall 7 make publicly available on the College Scorecard 8 website the following aggregated information with 9 respect to each institution of higher education and 10 each program of study at such institution, as appli-11 cable, that participates in a program under title IV: 12 ‘‘(A) A link to the website of the institu-13 tion. 14 ‘‘(B) A link to the net price calculator for 15 such institution. 16 ‘‘(C) A link to the website of the institu-17 tion containing campus safety data with respect 18 to such institution. 19 ‘‘(D) The geographic location of the insti-20 tution. 21 ‘‘(E) Information on the type of institu-22 tion, including sector, size, predominant and 23 highest credential awarded, research intensity, 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 30 •HR 6951 IH programs of study offered, and other character-1 istics of the institution. 2 ‘‘(F) Information on student enrollment, 3 including the number and percentage of stu-4 dents enrolled full-time, less than full-time, and 5 enrolled in distance education. 6 ‘‘(G) Information on student progression 7 and completion, including time to credential 8 and rates of withdrawal, retention, transfer, or 9 completion. 10 ‘‘(H) Information on college costs and fi-11 nancial aid, including average, median, min-12 imum, and maximum values of— 13 ‘‘(i) the cost of attendance, including 14 such cost disaggregated by the costs de-15 scribed in paragraphs (1) through (14) of 16 section 472(a); 17 ‘‘(ii) the grants and scholarships re-18 ceived by students at the institution and 19 the number and percentage of such stu-20 dents receiving such grants and scholar-21 ships, disaggregated by source and whether 22 such aid is need-based, merit-based, an 23 athletic scholarship, or other type of grant 24 or scholarship; and 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 31 •HR 6951 IH ‘‘(iii) the total net price required for 1 completion for students who received Fed-2 eral financial assistance described in para-3 graph (2)(I). 4 ‘‘(I) Information on student debt and re-5 payment, including— 6 ‘‘(i) the average, median, minimum, 7 and maximum amounts borrowed by stu-8 dents under title IV; and 9 ‘‘(ii) information with respect to re-10 payment of loans made under title IV, in-11 cluding borrower-based repayment rates, 12 dollar-based repayment rates, and time 13 spent in repayment. 14 ‘‘(J) Information on the earnings of stu-15 dents who received Federal financial assistance 16 described in paragraph (2)(I), including the av-17 erage, median, minimum, and maximum values 18 of— 19 ‘‘(i) with respect to students who com-20 plete a program of study in an award 21 year— 22 ‘‘(I) the annual earnings of such 23 students; and 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 32 •HR 6951 IH ‘‘(II) the value-added earnings of 1 such students; and 2 ‘‘(ii) with respect to students who do 3 not complete a program of study in an 4 award year, the annual earnings of such 5 students. 6 ‘‘(2) D ISAGGREGATED INFORMATION .—The 7 Secretary shall ensure the information described in 8 paragraph (1) is disaggregated, as applicable, by the 9 following student characteristics: 10 ‘‘(A) Financial circumstances including— 11 ‘‘(i) household income categories, as 12 determined by students’ adjusted gross in-13 come, family size, and poverty line (as de-14 fined in section 401(a)); and 15 ‘‘(ii) student aid index categories, as 16 determined by the Secretary. 17 ‘‘(B) Sex. 18 ‘‘(C) Race and ethnicity. 19 ‘‘(D) Classification as a student with a dis-20 ability. 21 ‘‘(E) Enrollment status. 22 ‘‘(F) Residency status. 23 ‘‘(G) Status as an international student. 24 VerDate Sep 11 2014 19:35 Jan 29, 2024 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 33 •HR 6951 IH ‘‘(H) Status as a recipient of Federal fi-1 nancial assistance, including— 2 ‘‘(i) a Pell grant; 3 ‘‘(ii) a loan made under title IV; and 4 ‘‘(iii) veterans’ education benefits (as 5 defined in section 480(c)). 6 ‘‘(J) Status as a participant in a program 7 described in section 116(b)(3)(A)(ii) of the 8 Workforce Innovation and Opportunity Act (29 9 U.S.C. 3131(b)(3)(A)(ii)). 10 ‘‘(3) I NSTITUTIONAL AND PROGRAM COMPARI -11 SON.—The Secretary shall include on the College 12 Scorecard website a method for users to easily com-13 pare institutions and programs, including in a man-14 ner that allows for such comparison based on— 15 ‘‘(A) the institutional and program infor-16 mation described in paragraph (1); and 17 ‘‘(B) the student characteristics described 18 in paragraph (2). 19 ‘‘(4) U NIVERSAL NET PRICE CALCULATOR .— 20 The Secretary shall include on the College Scorecard 21 website a universal net price calculator that enables 22 users to answer questions and receive personalized 23 pricing information for each institution of higher 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 34 •HR 6951 IH education and program of study offered by such in-1 stitution. 2 ‘‘(5) U PDATES.— 3 ‘‘(A) D ATA.—The Secretary shall update 4 the College Scorecard website not less than an-5 nually. 6 ‘‘(B) T ECHNOLOGY AND FORMAT .—The 7 Secretary shall regularly assess the format and 8 technology of the College Scorecard website and 9 make any changes or updates that the Sec-10 retary considers appropriate. 11 ‘‘(6) C ONSUMER TESTING .—In developing and 12 maintaining the College Scorecard website, the Sec-13 retary, in consultation with appropriate departments 14 and agencies of the Federal Government, shall— 15 ‘‘(A) not later than 6 months after the 16 date of the enactment of the College Cost Re-17 duction Act, and not less than once every 3 18 years thereafter, consumer testing with appro-19 priate persons, including current and prospec-20 tive college students, family members of such 21 students, institutions of higher education, and 22 experts, to ensure that the College Scorecard 23 website is usable and easily understandable and 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 35 •HR 6951 IH provides useful and relevant information to stu-1 dents and families; and 2 ‘‘(B) prominently display on such website 3 in simple, understandable, and unbiased terms 4 for the most recent academic year for which 5 satisfactory data is available, the information 6 described in paragraphs (1) and (2) that was 7 determined to be useful and relevant to stu-8 dents and families based on the consumer test-9 ing described in subparagraph (A) for each in-10 stitution and program of study (as applicable). 11 ‘‘(7) P ROVISION OF APPROPRIATE LINKS TO 12 PROSPECTIVE STUDENTS AFTER SUBMISSION OF 13 FAFSA.—The Secretary shall provide to each student 14 who submits a Free Application for Federal Student 15 Aid described in section 483 a link to the webpage 16 of the College Scorecard website that contains the 17 information required under paragraph (1) for each 18 institution of higher education such student includes 19 on such application. 20 ‘‘(8) I NTERAGENCY COORDINATION .—The Sec-21 retary, in consultation with each appropriate head of 22 a department or agency of the Federal Government, 23 shall ensure, to the greatest extent practicable, that 24 any information related to higher education that is 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 36 •HR 6951 IH published by such department or agency is con-1 sistent with the information published on the College 2 Scorecard website. 3 ‘‘(9) D ATA COLLECTION AND DUPLICATED RE -4 PORTING.—Notwithstanding any other provision of 5 this section, to the extent that another provision of 6 this section requires the same reporting or collection 7 of data that is required under this Act, an institu-8 tion of higher education, or the Secretary or Com-9 missioner, shall use the reporting or data required 10 under this subsection to satisfy both requirements. 11 ‘‘(10) D ATA PRIVACY.— 12 ‘‘(A) I N GENERAL.—The Secretary shall 13 ensure any information made available under 14 this section is made available in accordance 15 with the privacy laws described in section 16 132(f)(1)(C)(iv). 17 ‘‘(B) S MALL INSTITUTIONS AND PROGRAM 18 OF STUDY.—For purposes of publishing the in-19 formation described in paragraphs (1) and (2), 20 for any year for which the number of students 21 is determined by the Secretary to be of insuffi-22 cient size to maintain the privacy of student 23 data, the Secretary shall— 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 37 •HR 6951 IH ‘‘(i) aggregate up to 4 years of addi-1 tional data for such program of study to 2 obtain data for a sufficient number of stu-3 dents to maintain student privacy; 4 ‘‘(ii) in the case of a program of 5 study, if the method described in clause (i) 6 is insufficient to maintain student privacy, 7 aggregate data for students who completed 8 or who were enrolled in, as applicable, 9 similar program of study of the institution 10 to obtain data for a sufficient number of 11 students to maintain student privacy; and 12 ‘‘(iii) in the case of a program of 13 study, if the methods described in clauses 14 (i) and (ii) are insufficient to maintain stu-15 dent privacy, or additional data described 16 in such clauses is not available or can not 17 be aggregated, aggregate data with respect 18 to all students who completed or were en-19 rolled in, as applicable, any program of 20 study of the institution of the same creden-21 tial level, in lieu of data specific to stu-22 dents in such program of study.’’. 23 (b) C ONFORMINGAMENDMENTS.—The Higher Edu-24 cation Act of 1965 (20 U.S.C. 1001 et seq.), as amended 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 38 •HR 6951 IH by subsection (a) of this section, is further amended by 1 striking ‘‘College Navigator’’ each place it appears and in-2 serting ‘‘College Scorecard’’. 3 (c) R EFERENCES.—Any reference in any law (other 4 than the Higher Education Act of 1965 (20 U.S.C. 1001 5 et seq.)), regulation, document, record, or other paper of 6 the United States to the College Navigator website shall 7 be considered to be a reference to the College Scorecard 8 website. 9 SEC. 113. POSTSECONDARY STUDENT DATA SYSTEM. 10 Section 132 of the Higher Education Act of 1965 (20 11 U.S.C. 1015a) is further amended— 12 (1) by redesignating subsections (j) and (k) as 13 subsections (d) and (e), respectively; 14 (2) by redesignating subsection (l) as subsection 15 (g); and 16 (3) by inserting after subsection (e), as so re-17 designated, the following: 18 ‘‘(f) P OSTSECONDARYSTUDENTDATASYSTEM.— 19 ‘‘(1) I N GENERAL.— 20 ‘‘(A) E STABLISHMENT OF SYSTEM .—Not 21 later than 3 years after the date of enactment 22 of the College Cost Reduction Act, the Commis-23 sioner of the National Center for Education 24 Statistics (referred to in this subsection as the 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 39 •HR 6951 IH ‘Commissioner’) in consultation with the Direc-1 tor of the Institute of Education Sciences (re-2 ferred to as ‘the Director’) shall develop and 3 maintain a secure and privacy-protected post-4 secondary student-level data system in order 5 to— 6 ‘‘(i) accurately evaluate student en-7 rollment patterns, progression, completion, 8 and postcollegiate outcomes, and higher 9 education costs and financial aid; 10 ‘‘(ii) assist with transparency, institu-11 tional improvement, and analysis of Fed-12 eral aid programs; 13 ‘‘(iii) provide accurate, complete, and 14 customizable information for students and 15 families making decisions about postsec-16 ondary education; and 17 ‘‘(iv) reduce the reporting burden on 18 institutions of higher education in accord-19 ance with section 111 of the College Cost 20 Reduction Act. 21 ‘‘(B) A VOIDING DUPLICATE REPORTING .— 22 Notwithstanding any other provision of this sec-23 tion, to the extent that another provision of this 24 section requires the same reporting or collection 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 40 •HR 6951 IH of data that is required under this subsection, 1 an institution of higher education, or the Sec-2 retary or Commissioner, shall use the reporting 3 or data required for the postsecondary student 4 data system under this subsection to satisfy 5 both requirements. 6 ‘‘(C) D EVELOPMENT PROCESS .—In devel-7 oping the postsecondary student data system 8 described in this subsection, the Commissioner, 9 in consultation with the Director, shall— 10 ‘‘(i) focus on the needs of— 11 ‘‘(I) users of the data system; 12 and 13 ‘‘(II) entities, including institu-14 tions of higher education, reporting to 15 the data system; 16 ‘‘(ii) take into consideration, to the 17 extent practicable— 18 ‘‘(I) the guidelines outlined in— 19 ‘‘(aa) the ‘United States 20 Web Design Standards’ main-21 tained by the General Services 22 Administration; and 23 ‘‘(bb) the ‘Digital Services 24 Playbook’ and ‘TechFAR Hand-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 41 •HR 6951 IH book for Procuring Digital Serv-1 ices Using Agile Processes’ of the 2 United States Digital Service; 3 and 4 ‘‘(II) the relevant successor docu-5 ments or recommendations of such 6 guidelines; 7 ‘‘(iii) use modern, relevant privacy- 8 and security-enhancing technology, and en-9 hance and update the data system as nec-10 essary to carry out the purpose of this sub-11 section; 12 ‘‘(iv) ensure data privacy and security 13 is consistent with any relevant Federal law 14 relating to privacy or data security, includ-15 ing— 16 ‘‘(I) the requirements of sub-17 chapter II of chapter 35 of title 44, 18 United States Code, specifying secu-19 rity categorization under the Federal 20 Information Processing Standards or 21 any relevant successor of such stand-22 ards; 23 ‘‘(II) security requirements that 24 are consistent with the Federal agency 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 42 •HR 6951 IH responsibilities in section 3554 of title 1 44, United States Code, or any rel-2 evant successor of such responsibil-3 ities; and 4 ‘‘(III) security requirements, 5 guidelines, and controls consistent 6 with cybersecurity standards and best 7 practices developed by the National 8 Institute of Standards and Tech-9 nology, including frameworks, con-10 sistent with section 2(c) of the Na-11 tional Institute of Standards and 12 Technology Act (15 U.S.C. 272(c)), or 13 any relevant successor of such frame-14 works; 15 ‘‘(v) follow Federal data minimization 16 practices to ensure only the minimum 17 amount of data is collected to meet the 18 system’s goals, in accordance with Federal 19 data minimization standards and guide-20 lines developed by the National Institute of 21 Standards and Technology; and 22 ‘‘(vi) provide notice to students out-23 lining the data included in the system and 24 how the data are used. 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 43 •HR 6951 IH ‘‘(D) LIMITATION.—The data system de-1 veloped under this subsection may only include 2 data with respect to— 3 ‘‘(i) students receiving— 4 ‘‘(I) Federal financial assistance 5 under title IV of this Act; or 6 ‘‘(II) veteran’s education bene-7 fits, as defined in section 480(c); and 8 ‘‘(ii) participants in a program de-9 scribed in section 116(b)(3)(A)(ii) of the 10 Workforce Innovation and Opportunity Act 11 (29 U.S.C. 3131(b)(3)(A)(ii)). 12 ‘‘(2) D ATA ELEMENTS.— 13 ‘‘(A) I N GENERAL.—Not later than 3 years 14 after the date of enactment of the College Cost 15 Reduction Act, the Commissioner, in consulta-16 tion with the Postsecondary Student Data Sys-17 tem Advisory Committee and the Director, es-18 tablished under subparagraph (B), shall deter-19 mine— 20 ‘‘(i) the data elements to be included 21 in the postsecondary student data system, 22 in accordance with subparagraphs (C) and 23 (D); and 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 44 •HR 6951 IH ‘‘(ii) how to include the data elements 1 required under subparagraph (C), and any 2 additional data elements selected under 3 subparagraph (D), in the postsecondary 4 student data system. 5 ‘‘(B) P OSTSECONDARY STUDENT DATA 6 SYSTEM ADVISORY COMMITTEE .— 7 ‘‘(i) E STABLISHMENT.—Not later 8 than 1 year after the date of enactment of 9 the College Cost Reduction Act, the Com-10 missioner, in consultation with the Direc-11 tor, shall establish a Postsecondary Stu-12 dent Data System Advisory Committee (re-13 ferred to in this subsection as the ‘Advi-14 sory Committee’), whose members shall in-15 clude— 16 ‘‘(I) the Chief Privacy Officer of 17 the Department or an official of the 18 Department delegated the duties of 19 overseeing data privacy at the Depart-20 ment; 21 ‘‘(II) the Chief Security Officer 22 of the Department or an official of 23 the Department delegated the duties 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 45 •HR 6951 IH of overseeing data security at the De-1 partment; 2 ‘‘(III) representatives of diverse 3 institutions of higher education, which 4 shall include equal representation be-5 tween 2-year and 4-year institutions 6 of higher education, and from public, 7 nonprofit, and proprietary institutions 8 of higher education, including minor-9 ity-serving institutions; 10 ‘‘(IV) representatives from State 11 higher education agencies, entities, 12 bodies, or boards; 13 ‘‘(V) representatives of postsec-14 ondary students; 15 ‘‘(VI) representatives from rel-16 evant Federal agencies; 17 ‘‘(VII) individuals with expertise 18 in data privacy and security; and 19 ‘‘(VIII) other stakeholders (in-20 cluding individuals with consumer 21 protection and postsecondary edu-22 cation research). 23 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 46 •HR 6951 IH ‘‘(ii) REQUIREMENTS.—The Commis-1 sioner, working with the Director, shall en-2 sure that the Advisory Committee— 3 ‘‘(I) adheres to all requirements 4 under chapter 10 of title 5, United 5 States Code (commonly known as the 6 ‘Federal Advisory Committee Act’); 7 ‘‘(II) establishes operating and 8 meeting procedures and guidelines 9 necessary to execute its advisory du-10 ties; and 11 ‘‘(III) is provided with appro-12 priate staffing and resources to exe-13 cute its advisory duties. 14 ‘‘(C) R EQUIRED DATA ELEMENTS .—The 15 data elements in the postsecondary student 16 data system shall include the following: 17 ‘‘(i) Student-level data elements nec-18 essary to calculate the information within 19 the surveys designated by the Commis-20 sioner as ‘student-related surveys’ in the 21 Integrated Postsecondary Education Data 22 System (IPEDS), as such surveys are in 23 effect on the day before the date of enact-24 ment of the College Cost Reduction Act, 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 47 •HR 6951 IH except that in the case that collection of 1 such elements would conflict with the pro-2 hibition under subparagraph (F), such ele-3 ments in conflict with such prohibition 4 shall be included in the aggregate instead 5 of at the student level. 6 ‘‘(ii) Student-level data elements re-7 ported by institutions in accordance with 8 section 668.408 of title 34, Code of Fed-9 eral Regulations, as in effect on July 1, 10 2024. 11 ‘‘(iii) Student-level data elements nec-12 essary to allow for reporting student en-13 rollment, persistence, progression (includ-14 ing credit accumulation) retention, trans-15 fer, completion, and time and credits to 16 credential measures for all credential levels 17 separately (including certificate, associate, 18 baccalaureate, and advanced degree levels), 19 within and across institutions of higher 20 education (including across all categories 21 of institution level, control, and predomi-22 nant degree awarded). The data elements 23 shall allow for reporting about all such 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 48 •HR 6951 IH data disaggregated by the following cat-1 egories: 2 ‘‘(I) Enrollment status as a first- 3 time student, recent transfer student, 4 or other nonfirst-time student. 5 ‘‘(II) Attendance intensity, 6 whether full-time or part-time. 7 ‘‘(III) Credential-seeking status, 8 by credential level (including non-9 credit-seeking and noncredit creden-10 tials). 11 ‘‘(IV) Race or ethnicity, in a 12 manner that captures all the racial 13 groups specified in the most recent 14 American Community Survey of the 15 Bureau of the Census. 16 ‘‘(V) Age intervals. 17 ‘‘(VI) Sex. 18 ‘‘(VII) Status as a first genera-19 tion college student (as defined in sec-20 tion 402A(h)). 21 ‘‘(VIII) Economic status. 22 ‘‘(IX) Measures related to college 23 readiness, including participation in 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 49 •HR 6951 IH postsecondary remedial coursework or 1 gateway course completion. 2 ‘‘(X) Program of study. 3 ‘‘(XI) Status as an online edu-4 cation student, whether exclusively or 5 partially enrolled in online education. 6 ‘‘(XII) Military or veteran benefit 7 status (as determined based on receipt 8 of veteran’s education benefits, as de-9 fined in section 480(c)). 10 ‘‘(XIII) Federal Pell Grant re-11 cipient status under section 401 and 12 Federal loan recipient status under 13 title IV. 14 ‘‘(XIV) Status as a participant in 15 a program described in section 16 116(b)(3)(A)(ii) of the Workforce In-17 novation and Opportunity Act (29 18 U.S.C. 3131(b)(3)(A)(ii)). 19 ‘‘(D) R EEVALUATION.—Not less than once 20 every 3 years after the implementation of the 21 postsecondary student data system described in 22 this subsection, the Commissioner, in consulta-23 tion with the Advisory Committee described in 24 subparagraph (B) and working with the Direc-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 50 •HR 6951 IH tor, shall report to Congress the data elements 1 included in the postsecondary student data sys-2 tem and recommend any additional data ele-3 ments to be included in such system. 4 ‘‘(E) P ROHIBITIONS.—The postsecondary 5 student data system shall not include individual 6 health data (including data relating to physical 7 health or mental health), student discipline 8 records or data, elementary and secondary edu-9 cation data, an exact address, course grades, 10 postsecondary entrance examination results, po-11 litical affiliation, religion, or any other data in 12 the postsecondary student data system not de-13 scribed in this subsection. 14 ‘‘(3) P ERIODIC MATCHING WITH OTHER FED -15 ERAL DATA SYSTEMS.— 16 ‘‘(A) D ATA SHARING AGREEMENTS .— 17 ‘‘(i) I N GENERAL.—The Commis-18 sioner, in consultation with the Director, 19 shall ensure secure and privacy-protected 20 periodic data matches by entering into 21 data sharing agreements with each of the 22 following Federal agencies and offices: 23 ‘‘(I) The Secretary of the Treas-24 ury and the Commissioner of the In-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 51 •HR 6951 IH ternal Revenue Service, in order to 1 calculate aggregate program- and in-2 stitution-level earnings of postsec-3 ondary students described in subpara-4 graph (B)(ii). 5 ‘‘(II) The Secretary of Defense, 6 in order to assess the use of postsec-7 ondary educational benefits and the 8 outcomes of servicemembers who are 9 receiving veteran’s education benefits 10 (as defined in section 480(c)). 11 ‘‘(III) The Secretary of Veterans 12 Affairs, in order to assess the use of 13 postsecondary educational benefits 14 and outcomes of veterans who are re-15 ceiving veteran’s education benefits 16 (as defined in section 480(c)). 17 ‘‘(IV) The Director of the Bu-18 reau of the Census, in order to assess 19 the employment outcomes of former 20 postsecondary education students de-21 scribed in paragraph (1)(D). 22 ‘‘(V) The Chief Operating Officer 23 of the Office of Federal Student Aid, 24 in order to analyze the use of postsec-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 52 •HR 6951 IH ondary educational benefits provided 1 under this Act. 2 ‘‘(VI) The Commissioner of the 3 Social Security Administration, in 4 order to evaluate labor market out-5 comes of former postsecondary edu-6 cation students described in para-7 graph (1)(D). 8 ‘‘(VII) The Secretary of Health 9 and Human Services, in order to 10 evaluate the wages of former postsec-11 ondary education students described 12 in paragraph (1)(D). 13 ‘‘(ii) D ATA SHARING AGREEMENTS .— 14 The heads of Federal agencies and offices 15 described under clause (i) shall enter into 16 data sharing agreements with the Commis-17 sioner to ensure secure and privacy-pro-18 tected periodic data matches as described 19 in this paragraph. 20 ‘‘(B) C ATEGORIES OF DATA .—The Com-21 missioner, in consultation with the Director, 22 shall, at a minimum, seek to ensure that the se-23 cure and privacy-protected periodic data 24 matches described in subparagraph (A) permit 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 53 •HR 6951 IH consistent reporting of the following categories 1 of data for students described in paragraph 2 (1)(D) who completed a program of study and 3 who did not complete a program of study: 4 ‘‘(i) Enrollment, retention, transfer, 5 and completion outcomes. 6 ‘‘(ii) Financial indicators for postsec-7 ondary students receiving Federal grants 8 and loans, including grant and loan aid by 9 source, cumulative student debt, loan re-10 payment status, and repayment plan. 11 ‘‘(iii) Post-completion outcomes, in-12 cluding earnings and employment (includ-13 ing industry, occupation, and location of 14 employment, and further education, by 15 program of study and credential level) and 16 as measured at time intervals appropriate 17 to the credential sought and earned. 18 ‘‘(C) P ERIODIC DATA MATCH STREAM -19 LINING AND CONFIDENTIALITY .— 20 ‘‘(i) S TREAMLINING.—In carrying out 21 the secure and privacy-protected periodic 22 data matches under this paragraph, the 23 Commissioner shall— 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 54 •HR 6951 IH ‘‘(I) ensure that such matches 1 are not continuous, but occur only pe-2 riodically at appropriate intervals, as 3 determined by the Commissioner to 4 meet the goals of subparagraph (A); 5 and 6 ‘‘(II) seek to— 7 ‘‘(aa) streamline the data 8 collection and reporting require-9 ments for institutions of higher 10 education; 11 ‘‘(bb) minimize duplicative 12 reporting across or within Fed-13 eral agencies or departments, in-14 cluding reporting requirements 15 applicable to institutions of high-16 er education under the Workforce 17 Innovation and Opportunity Act 18 (29 U.S.C. 3101 et seq.) and the 19 Carl D. Perkins Career and 20 Technical Education Act of 2006; 21 ‘‘(cc) protect student pri-22 vacy; and 23 ‘‘(dd) streamline the applica-24 tion process for student loan ben-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 55 •HR 6951 IH efit programs available to bor-1 rowers based on data available 2 from different Federal data sys-3 tems. 4 ‘‘(ii) R EVIEW.—Not less often than 5 once every 3 years after the establishment 6 of the postsecondary student data system 7 under this subsection, the Commissioner, 8 in consultation with the Advisory Com-9 mittee and the Director, shall review meth-10 ods for streamlining data collection from 11 institutions of higher education and mini-12 mizing duplicative reporting within the De-13 partment and across Federal agencies that 14 provide data for the postsecondary student 15 data system. 16 ‘‘(iii) C ONFIDENTIALITY.—The Com-17 missioner shall ensure that any periodic 18 matching or sharing of data through peri-19 odic data system matches established in 20 accordance with this paragraph— 21 ‘‘(I) complies with the security 22 and privacy protections described in 23 paragraph (1)(C)(iv) and other Fed-24 eral data protection protocols; 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 56 •HR 6951 IH ‘‘(II) follows industry best prac-1 tices commensurate with the sensi-2 tivity of specific data elements or 3 metrics; 4 ‘‘(III) does not result in the cre-5 ation of a single standing, linked Fed-6 eral database at the Department that 7 maintains the information reported 8 across other Federal agencies; and 9 ‘‘(IV) discloses to postsecondary 10 students what data are included in the 11 data system and periodically matched 12 and how the data are used. 13 ‘‘(iv) C ORRECTION.—The Commis-14 sioner, in consultation with the Advisory 15 Committee and Director, shall establish a 16 process for students to request access to 17 only their personal information for inspec-18 tion and request corrections to inaccuracies 19 in a manner that protects the student’s 20 personally identifiable information. The 21 Commissioner shall respond in writing to 22 every request for a correction from a stu-23 dent. 24 ‘‘(4) P UBLICLY AVAILABLE INFORMATION .— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 57 •HR 6951 IH ‘‘(A) IN GENERAL.—The Commissioner 1 shall make the summary aggregate information 2 described in subparagraph (C), at a minimum, 3 publicly available through a user-friendly con-4 sumer information website and analytic tool for 5 institutional and research use that— 6 ‘‘(i) provides appropriate mechanisms 7 for users to customize and filter informa-8 tion by institutional and student character-9 istics; 10 ‘‘(ii) allows users to build summary 11 aggregate reports of information, including 12 reports that allow comparisons across mul-13 tiple institutions and programs, subject to 14 subparagraph (B); 15 ‘‘(iii) uses appropriate statistical dis-16 closure limitation techniques necessary to 17 ensure that the data released to the public 18 cannot be used to identify specific individ-19 uals; and 20 ‘‘(iv) provides users with appropriate 21 contextual factors to make comparisons, 22 which may include national median figures 23 of the summary aggregate information de-24 scribed in subparagraph (C). 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 58 •HR 6951 IH ‘‘(B) NO PERSONALLY IDENTIFIABLE IN -1 FORMATION AVAILABLE .—The summary aggre-2 gate information described in this paragraph 3 shall not include personally identifiable informa-4 tion. 5 ‘‘(C) S UMMARY AGGREGATE INFORMATION 6 AVAILABLE.—The summary aggregate informa-7 tion described in this paragraph shall, at a min-8 imum, include each of the following for each in-9 stitution of higher education: 10 ‘‘(i) Measures of student access, in-11 cluding— 12 ‘‘(I) admissions selectivity and 13 yield; and 14 ‘‘(II) enrollment, disaggregated 15 by each category described in para-16 graph (2)(C)(iii). 17 ‘‘(ii) Measures of student progression, 18 including retention rates and persistence 19 rates, disaggregated by each category de-20 scribed in paragraph (2)(C)(iii). 21 ‘‘(iii) Measures of student completion, 22 including— 23 ‘‘(I) transfer rates and outcomes, 24 completion rates, and time and credits 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 59 •HR 6951 IH to credential, disaggregated by each 1 category described in paragraph 2 (2)(C)(iii); and 3 ‘‘(II) number of completions, 4 disaggregated by each category de-5 scribed in paragraph (2)(C)(iii). 6 ‘‘(iv) Measures of student costs, in-7 cluding— 8 ‘‘(I) tuition, required fees, cost of 9 attendance, grants and scholarships, 10 net price, and unmet need 11 disaggregated by in-State tuition or 12 in-district tuition status (if applica-13 ble), direct and indirect costs, pro-14 gram of study (if applicable), and cre-15 dential level; and 16 ‘‘(II) typical grant amounts and 17 loan amounts received by students re-18 ported separately from Federal, State, 19 local, institutional, employers, and 20 other sources, and cumulative debt, 21 disaggregated by— 22 ‘‘(aa) each category de-23 scribed in paragraph (2)(C)(iii); 24 and 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 60 •HR 6951 IH ‘‘(bb) completion status. 1 ‘‘(v) Measures of postcollegiate stu-2 dent outcomes, including return on invest-3 ment, employment rates, earnings, loan re-4 payment and default rates, and further 5 education rates. These measures shall— 6 ‘‘(I) be disaggregated by— 7 ‘‘(aa) each category de-8 scribed in paragraph (2)(C)(iii); 9 and 10 ‘‘(bb) completion status; and 11 ‘‘(II) be measured immediately 12 after leaving postsecondary education 13 and at time intervals appropriate to 14 the credential sought or earned. 15 ‘‘(D) D EVELOPMENT CRITERIA .—In devel-16 oping the method and format of making the in-17 formation described in this paragraph publicly 18 available, the Commissioner shall— 19 ‘‘(i) focus on the needs of the users of 20 the information, which will include stu-21 dents, families of students, potential stu-22 dents, researchers, and other consumers of 23 education data; 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 61 •HR 6951 IH ‘‘(ii) take into consideration, to the 1 extent practicable, the guidelines described 2 in paragraph (1)(C)(ii)(I), and relevant 3 successor documents or recommendations 4 of such guidelines; 5 ‘‘(iii) use modern, relevant technology 6 and enhance and update the postsecondary 7 student data system with information, as 8 necessary to carry out the purpose of this 9 paragraph; 10 ‘‘(iv) ensure data privacy and security 11 in accordance with standards and guide-12 lines developed by the National Institute of 13 Standards and Technology, and in accord-14 ance with any other Federal law relating to 15 privacy or security, including complying 16 with the requirements of subchapter II of 17 chapter 35 of title 44, United States Code, 18 specifying security categorization under the 19 Federal Information Processing Standards, 20 and security requirements, and setting of 21 National Institute of Standards and Tech-22 nology security baseline controls at the ap-23 propriate level; and 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 62 •HR 6951 IH ‘‘(v) conduct consumer testing to de-1 termine how to make the information as 2 meaningful to users as possible. 3 ‘‘(5) P ERMISSIBLE DISCLOSURES OF DATA .— 4 ‘‘(A) D ATA REPORTS AND QUERIES .— 5 ‘‘(i) I N GENERAL.—Not later than 3 6 years after the date of enactment of the 7 College Cost Reduction Act, the Commis-8 sioner in consultation with the Director, 9 shall develop and implement a secure and 10 privacy-protected process for making stu-11 dent-level, nonpersonally identifiable infor-12 mation, with direct identifiers removed, 13 from the postsecondary student data sys-14 tem available for vetted research and eval-15 uation purposes approved by the Commis-16 sioner in a manner compatible with prac-17 tices for disclosing National Center for 18 Education Statistics restricted-use survey 19 data as in effect on the day before the date 20 of enactment of the College Cost Reduction 21 Act, or by applying other research and dis-22 closure restrictions to ensure data privacy 23 and security. Such process shall be ap-24 proved by the National Center for Edu-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 63 •HR 6951 IH cation Statistics’ Disclosure Review Board 1 (or successor body). 2 ‘‘(ii) P ROVIDING DATA REPORTS AND 3 QUERIES TO INSTITUTIONS AND STATES .— 4 ‘‘(I) I N GENERAL.—The Commis-5 sioner shall provide feedback reports, 6 at least annually, to each institution 7 of higher education, each postsec-8 ondary education system that fully 9 participates in the postsecondary stu-10 dent data system, and each State 11 higher education body as designated 12 by the governor. 13 ‘‘(II) F EEDBACK REPORTS .—The 14 feedback reports provided under this 15 clause shall include program-level and 16 institution-level information from the 17 postsecondary student data system re-18 garding students who are associated 19 with the institution or, for State rep-20 resentatives, the institutions within 21 that State, on or before the date of 22 the report, on measures including stu-23 dent mobility (including transfer and 24 completion rates) and workforce out-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 64 •HR 6951 IH comes, provided that the feedback ag-1 gregate summary reports protect the 2 privacy of individuals. 3 ‘‘(III) D ETERMINATION OF CON -4 TENT.—The content of the feedback 5 reports shall be determined by the 6 Commissioner in consultation with the 7 Advisory Committee and the Director. 8 ‘‘(iii) P ERMITTING STATE DATA QUE -9 RIES.—The Commissioner shall, in con-10 sultation with the Advisory Committee and 11 as soon as practicable, create a process 12 through which States may submit lists of 13 secondary school graduates within the 14 State to receive summary aggregate out-15 comes for those students who enrolled at 16 an institution of higher education, includ-17 ing postsecondary enrollment, retention 18 and transfer, and college completion, pro-19 vided that those data protect the privacy of 20 individuals and that the State data sub-21 mitted to the Commissioner are not stored 22 in the postsecondary education system. 23 ‘‘(iv) R EGULATIONS.—The Commis-24 sioner shall promulgate regulations to en-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 65 •HR 6951 IH sure fair, secure and privacy-protected, and 1 equitable access to data reports and que-2 ries under this paragraph. 3 ‘‘(B) D ISCLOSURE LIMITATIONS .—In car-4 rying out the public reporting and disclosure re-5 quirements of this subsection, the Commis-6 sioner shall use appropriate statistical disclo-7 sure limitation techniques necessary to ensure 8 that the data released to the public cannot in-9 clude personally identifiable information or be 10 used to identify specific individuals. 11 ‘‘(C) S ALE OF DATA PROHIBITED .—Data 12 collected under this subsection, including the 13 public-use data set and data comprising the 14 summary aggregate information available under 15 paragraph (4), shall not be sold to any third 16 party by the Commissioner, including any insti-17 tution of higher education or any other entity. 18 ‘‘(D) L IMITATION ON USE BY OTHER FED -19 ERAL AGENCIES.— 20 ‘‘(i) I N GENERAL.—The Commissioner 21 shall not allow any other Federal agency to 22 use data collected under this subsection for 23 any purpose except— 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 66 •HR 6951 IH ‘‘(I) for vetted research and eval-1 uation conducted by the other Federal 2 agency, as described in subparagraph 3 (A)(i); or 4 ‘‘(II) for a purpose explicitly au-5 thorized by an Act of Congress. 6 ‘‘(ii) P ROHIBITION ON LIMITATION OF 7 SERVICES.—The Secretary, or the head of 8 any other Federal agency, shall not use 9 data collected under this subsection to 10 limit services to students. 11 ‘‘(E) L AW ENFORCEMENT .—Personally 12 identifiable information collected under this 13 subsection shall not be used for any Federal, 14 State, or local law enforcement activity or any 15 other activity that would result in adverse ac-16 tion against any student or a student’s family. 17 ‘‘(F) L IMITATION OF USE FOR FEDERAL 18 RANKINGS OR SUMMATIVE RATING SYSTEM .— 19 The comprehensive data collection and analysis 20 necessary for the postsecondary student data 21 system under this subsection shall not be used 22 by the Secretary or any Federal entity to estab-23 lish any Federal ranking system of institutions 24 of higher education or a system that results in 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 67 •HR 6951 IH a summative Federal rating of institutions of 1 higher education. 2 ‘‘(G) R ULE OF CONSTRUCTION .—Nothing 3 in this paragraph shall be construed to prevent 4 the use of individual categories of aggregate in-5 formation to be used for accountability pur-6 poses. 7 ‘‘(H) R ULE OF CONSTRUCTION REGARDING 8 COMMERCIAL USE OF DATA .—Nothing in this 9 paragraph shall be construed to prohibit third- 10 party entities from using publicly available in-11 formation in this data system for commercial 12 use. 13 ‘‘(6) S UBMISSION OF DATA.— 14 ‘‘(A) R EQUIRED SUBMISSION.—Each insti-15 tution of higher education participating in a 16 program under title IV, or the assigned agent 17 of such institution, shall, for each instructional 18 program, and in accordance with section 19 487(a)(17), collect, and submit to the Commis-20 sioner, the data requested by the Commissioner 21 to carry out this subsection. 22 ‘‘(B) V OLUNTARY SUBMISSION .—Any insti-23 tution of higher education not participating in 24 a program under title IV may voluntarily par-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 68 •HR 6951 IH ticipate in the postsecondary student data sys-1 tem under this subsection by collecting and sub-2 mitting data to the Commissioner, as the Com-3 missioner may request to carry out this sub-4 section. 5 ‘‘(C) P ERSONALLY IDENTIFIABLE INFOR -6 MATION.—In accordance with paragraph 7 (2)(C)(i), if the submission of an element of 8 student-level data is prohibited under para-9 graph (2)(F) (or otherwise prohibited by law), 10 the institution of higher education shall submit 11 that data to the Commissioner in the aggregate. 12 ‘‘(7) U NLAWFUL WILLFUL DISCLOSURE .— 13 ‘‘(A) I N GENERAL.—It shall be unlawful 14 for any person who obtains or has access to 15 personally identifiable information in connection 16 with the postsecondary student data system de-17 scribed in this subsection to willfully disclose to 18 any person (except as authorized in this Act or 19 by any Federal law) such personally identifiable 20 information. 21 ‘‘(B) P ENALTY.—Any person who violates 22 subparagraph (A) shall be subject to a penalty 23 described under section 3572(f) of title 44, 24 United States Code, and section 183(d)(6) of 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 69 •HR 6951 IH the Education Sciences Reform Act of 2002 (20 1 U.S.C. 9573(d)(6)). 2 ‘‘(C) E MPLOYEE OF OFFICER OF THE 3 UNITED STATES.—If a violation of subpara-4 graph (A) is committed by any officer or em-5 ployee of the United States, the officer or em-6 ployee shall be dismissed from office or dis-7 charged from employment upon conviction for 8 the violation. 9 ‘‘(8) D ATA SECURITY.—The Commissioner shall 10 produce and update as needed guidance and regula-11 tions relating to privacy, security, and access which 12 shall govern the use and disclosure of data collected 13 in connection with the activities authorized in this 14 subsection. The guidance and regulations developed 15 and reviewed shall protect data from unauthorized 16 access, use, and disclosure, and shall include— 17 ‘‘(A) an audit capability, including manda-18 tory and regularly conducted audits; 19 ‘‘(B) access controls; 20 ‘‘(C) requirements to ensure sufficient data 21 security, quality, validity, and reliability; 22 ‘‘(D) confidentiality protection in accord-23 ance with the applicable provisions of sub-24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 70 •HR 6951 IH chapter III of chapter 35 of title 44, United 1 States Code; 2 ‘‘(E) appropriate and applicable privacy 3 and security protection, including data retention 4 and destruction protocols and data minimiza-5 tion, in accordance with the most recent Fed-6 eral standards developed by the National Insti-7 tute of Standards and Technology; and 8 ‘‘(F) protocols for managing a breach, in-9 cluding breach notifications, in accordance with 10 the standards of National Center for Education 11 Statistics. 12 ‘‘(9) D ATA COLLECTION.—The Commissioner 13 shall ensure that data collection, maintenance, and 14 use under this subsection complies with section 552a 15 of title 5, United States Code. 16 ‘‘(10) D EFINITIONS.—In this subsection: 17 ‘‘(A) I NSTITUTION OF HIGHER EDU -18 CATION.—The term ‘institution of higher edu-19 cation’ has the meaning given the term in sec-20 tion 102. 21 ‘‘(B) M INORITY-SERVING INSTITUTION.— 22 The term ‘minority-serving institution’ means 23 an institution of higher education listed in sec-24 tion 371(a). 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 71 •HR 6951 IH ‘‘(C) PERSONALLY IDENTIFIABLE INFOR -1 MATION.—The term ‘personally identifiable in-2 formation’ means personally identifiable infor-3 mation within the meaning of section 444 of the 4 General Education Provisions Act.’’. 5 SEC. 114. DATABASE OF STUDENT INFORMATION PROHIB-6 ITED. 7 (a) I NGENERAL.—Section 134(b) of the Higher 8 Education Act of 1965 (20 U.S.C. 1015c(b)) is amended 9 to read as follows: 10 ‘‘(b) E XCEPTION.—The provisions of subsection (a) 11 shall not apply to a system (or a successor system)— 12 ‘‘(1) that— 13 ‘‘(A) is necessary for the operation of pro-14 grams authorized by title II, IV, or VII; and 15 ‘‘(B) was in use by the Secretary, directly 16 or through a contractor, as of the day before 17 the date of enactment of the College Cost Re-18 duction Act; or 19 ‘‘(2) required under section 132.’’. 20 (b) P ROGRAMPARTICIPATIONAGREEMENTS.— 21 (1) I N GENERAL.—Paragraph (17) of section 22 487(a) of the Higher Education Act of 1965 (20 23 U.S.C. 1094(a)) is amended to read as follows: 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 72 •HR 6951 IH ‘‘(17) The institution or the assigned agent of 1 the institution will collect and submit to the Com-2 missioner for Education Statistics data in accord-3 ance with section 132(f), the non-student related 4 surveys within the Integrated Postsecondary Edu-5 cation Data System (IPEDS), or any other Federal 6 institution of higher education data collection effort 7 (as designated by the Secretary), in a timely manner 8 and to the satisfaction of the Secretary.’’. 9 (2) E FFECTIVE DATE.—The amendment made 10 by paragraph (1) shall take effect no later than 3 11 years after the date of enactment of this Act. 12 (c) R EPORTINGBURDEN.—The Secretary of Edu-13 cation and the Commissioner for Education Statistics 14 shall take such steps as are necessary to ensure that the 15 development and maintenance of the postsecondary stu-16 dent data system required under section 132(f) of the 17 Higher Education Act of 1965, as added by section 113 18 of this Act, occurs in a manner that reduces the reporting 19 burden for entities that reported into the Integrated Post-20 secondary Education Data System (IPEDS). 21 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 73 •HR 6951 IH TITLE II—ACCESS AND 1 AFFORDABILITY 2 PART A—FINANCIAL NEED 3 SEC. 201. AMOUNT OF NEED; COST OF ATTENDANCE; ME-4 DIAN COST OF COLLEGE. 5 (a) A MOUNT OF NEED.—Section 471 (20 U.S.C. 6 1087kk), as amended by the FAFSA Simplification Act, 7 is further amended by amending paragraph (1) to read 8 as follows: 9 ‘‘(1)(A) for award year 2024–2025, the cost of 10 attendance of such student; and 11 ‘‘(B) for award year 2025–2026 and each sub-12 sequent award year, the median cost of college of the 13 program of study of such student, minus’’. 14 (b) C OST OFATTENDANCE.—Section 472(c) (20 15 U.S.C. 1087ll(c)), as amended by the FAFSA Simplifica-16 tion Act, is further amended by striking ‘‘of the institu-17 tion’’ and inserting ‘‘of each program of study at the insti-18 tution’’. 19 (c) M EDIANCOST OFCOLLEGE.—Part F of title IV 20 (20 U.S.C. 1087kk), as amended by the FAFSA Sim-21 plification Act, is further amended by inserting after sec-22 tion 472, as amended by subsection (b), the following: 23 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 74 •HR 6951 IH ‘‘SEC. 472A. DETERMINATION OF MEDIAN COST OF COL-1 LEGE. 2 ‘‘For the purpose of this title, the term ‘median cost 3 of college’, when used with respect to a program of study 4 offered by one or more institutions of higher education for 5 an award year, means the median of the cost of attendance 6 (as defined in section 472) for the program of study across 7 all institutions of higher education offering such a pro-8 gram for the preceding award year.’’. 9 PART B—FINANCIAL AID 10 Subpart 1—Grants 11 SEC. 211. FEDERAL PELL GRANT PROGRAM. 12 (a) A WARDMAYNOTEXCEEDMEDIANCOST OF 13 C OLLEGE.—Section 401(b)(3) (20 U.S.C. 1070a(b)(3)), 14 as amended by title VII of division FF of the Consolidated 15 Appropriations Act, 2021 (title VII of division FF of Pub-16 lic Law 116–260) (referred to in this Act as the ‘‘FAFSA 17 Simplification Act’’), is further amended by adding at the 18 end the following: 19 ‘‘(3) A WARD MAY NOT EXCEED MEDIAN COST 20 OF COLLEGE.—No Federal Pell Grant under this 21 subpart shall exceed the median cost of college (as 22 defined in section 472A) for the program at which 23 that student is in attendance. If, with respect to any 24 student, it is determined that the amount of a Fed-25 eral Pell Grant for that student exceeds the median 26 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 75 •HR 6951 IH cost of college for such program for that year, the 1 amount of the Federal Pell Grant shall be reduced 2 until the Federal Pell Grant does not exceed the me-3 dian cost of college for such program for that year.’’. 4 (b) P ELLPLUS PROGRAM.—Section 401 (20 U.S.C. 5 1070a), as amended by the FAFSA Simplification Act, is 6 further amended by adding at the end the following: 7 ‘‘(k) P ELLPLUSPROGRAM.— 8 ‘‘(1) P ROGRAM ESTABLISHED .— 9 ‘‘(A) I N GENERAL.—For each award year 10 for which a student receives a Federal Pell 11 Grant and meets the requirements of paragraph 12 (2), the Secretary shall award such student an 13 additional Federal Pell Grant, referred to as a 14 ‘Federal Pell Plus Grant’, in an amount equal 15 to the amount of the student’s Federal Pell 16 Grant award determined under this section for 17 such award year, except as provided in subpara-18 graph (B). 19 ‘‘(B) M EDIAN COST OF COLLEGE REDUC -20 TIONS.—In any case in which a student is 21 awarded a Federal Pell Grant under this sec-22 tion and a Federal Pell Plus grant under this 23 subsection for an award year, the combined 24 total of such Federal Pell Grant and such Fed-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 76 •HR 6951 IH eral Pell Plus Grant of such student shall not 1 exceed the median cost of college (as defined in 2 section 472A) of the program in which the stu-3 dent is in attendance for that year. In the case 4 that such combined total exceeds the median 5 cost of college for the program for that year, 6 the Secretary shall reduce the amount of the 7 Federal Pell Plus Grant awarded to the student 8 until the combined total of such reduced Fed-9 eral Pell Plus Grant and the Federal Pell Grant 10 of the student does not exceed such median cost 11 of college. 12 ‘‘(2) S TUDENT ELIGIBILITY.—A student meets 13 the requirements of this paragraph, if the student— 14 ‘‘(A) during the award year during which 15 the student receives a Federal Pell Plus Grant 16 under paragraph (1)— 17 ‘‘(i) is enrolled in the student’s first 18 undergraduate baccalaureate course of 19 study; and 20 ‘‘(ii) is maintaining progress toward 21 completion within 100 percent of the ex-22 pected time to completion, as determined 23 by calculating the difference between— 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 77 •HR 6951 IH ‘‘(I) the program length for the 1 program of study in which such stu-2 dent is in attendance; and 3 ‘‘(II) the period of such program 4 that such student has completed; and 5 ‘‘(B) has completed at least 4 semesters, 6 or the equivalent, of such program. 7 ‘‘(3) D URATION LIMITS.—The period during 8 which a student receives a Federal Pell Plus Grant 9 under paragraph (1) shall be included in calculating 10 the duration limits with respect to such student 11 under subsection (d)(5), and to the extent that such 12 period was a fraction of a semester or the equiva-13 lent, only that same fraction of such semester or 14 equivalent shall count towards such duration limits. 15 ‘‘(4) P ELL PLUS INSTITUTIONAL AND PRO -16 GRAMMATIC ELIGIBILITY.—For purposes of this sub-17 section, a Pell Plus institution is an eligible institu-18 tion for purposes of this subpart that— 19 ‘‘(A) notifies the Secretary that the institu-20 tion desires to participate in the Pell Plus pro-21 gram under this subsection— 22 ‘‘(i) with respect to a specific program 23 of study at the institution; or 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 78 •HR 6951 IH ‘‘(ii) with respect to each program of 1 study at the institution; 2 ‘‘(B) agrees to provide, to each student re-3 ceiving a Federal Pell Plus Grant under para-4 graph (1)— 5 ‘‘(i) for each award year for which the 6 student receives such Federal Pell Plus 7 Grant, a notification that shall include— 8 ‘‘(I) whether the student is main-9 taining the progress toward comple-10 tion required under paragraph 11 (2)(A)(ii); 12 ‘‘(II) in a case in which the stu-13 dent is not maintaining such progress 14 toward completion, a list of available 15 student support services and addi-16 tional resources to assist the student 17 in completing the course of study for 18 which the student is receiving the 19 Federal Pell Plus Grant in the man-20 ner described under paragraph 21 (2)(A)(ii); and 22 ‘‘(III) the amount of funds the 23 student is receiving under the Federal 24 Pell Plus Grant; and 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 79 •HR 6951 IH ‘‘(ii) in the case of a student who, as 1 of the end of the first semester of the third 2 academic year of the program of study in 3 which the student is in attendance, is not 4 maintaining the progress toward comple-5 tion required under paragraph (2)(A)(ii), a 6 warning during such third academic year 7 that the student will not be eligible for a 8 Federal Pell Plus Grant under paragraph 9 (1) for the fourth academic year of such 10 course of study unless the student dem-11 onstrates, by not later than the beginning 12 of the fourth academic year, progress to-13 ward completing such course of study by 14 the end of the fourth academic year of 15 such course of study; 16 ‘‘(C) meets the requirements of paragraph 17 (5); and 18 ‘‘(D) the Secretary determines meets the 19 requirements of this paragraph and paragraph 20 (5). 21 ‘‘(5) M AXIMUM TOTAL PRICE GUARANTEE .— 22 ‘‘(A) G UARANTEE.—To be eligible to be a 23 Pell Plus institution under this subsection, an 24 eligible institution shall— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 80 •HR 6951 IH ‘‘(i) provide to each student receiving 1 a Federal Pell Grant, prior to the first 2 award year in which the student enrolls at 3 the institution— 4 ‘‘(I) for each program of study 5 participating in the Pell Plus pro-6 gram, the maximum total price for 7 completion of the program of study, 8 determined by the institution in ac-9 cordance with section 415C(e); and 10 ‘‘(II) a guarantee that, for the 11 minimum guarantee period for which 12 the student receives a Federal Pell 13 Grant, if the student is enrolled in 14 any program of study participating in 15 the Pell Plus program, the maximum 16 total price for completion of such pro-17 gram of study charged to the student 18 will not exceed the median value- 19 added earnings of students who com-20 pleted such program, based on the 21 most recent data available on the Col-22 lege Scorecard in the award year prior 23 to the first award year in which the 24 student enrolls at the institution; and 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 81 •HR 6951 IH ‘‘(ii) provide information about the 1 guarantee described in clause (i)(II) to 2 prospective students by including such in-3 formation on the public website of the in-4 stitution and in the catalog, marketing ma-5 terials, and other official publications of 6 the institution. 7 ‘‘(B) D URATION OF MINIMUM GUARANTEE 8 PERIOD.— 9 ‘‘(i) I N GENERAL.—The minimum pe-10 riod during which a student shall be pro-11 vided a guarantee under subparagraph (A) 12 with respect to the maximum total price 13 for completion of a program of study at an 14 eligible institution shall be the median time 15 to credential of students who completed 16 any undergraduate program of study at 17 the institution during the most recent 18 award year for which data are available, 19 except that such minimum guarantee pe-20 riod shall not be less than the program 21 length of the program of study in which 22 the student is enrolled. 23 ‘‘(ii) L IMITATION.—An eligible institu-24 tion shall not be required to provide a 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 82 •HR 6951 IH maximum total price guarantee under sub-1 paragraph (A) to a student after the con-2 clusion of the 6-year period beginning on 3 the first day on which the student enrolled 4 at such institution.’’. 5 (c) I NFORMATIONDISSEMINATIONACTIVITY.—Sec-6 tion 485(a)(1) (20 U.S.C. 1092(a)(1)) is amended— 7 (1) in subparagraph (U), by striking ‘‘and’’ at 8 the end; 9 (2) in subparagraph (V), by striking the period 10 at the end and inserting ‘‘; and’’; and 11 (3) by adding at the end the following: 12 ‘‘(W) in the case of an institution under 13 section 401(k), any applicable information with 14 respect to the institution’s participation in the 15 Federal Pell Plus Grant program under such 16 subsection.’’. 17 (d) E FFECTIVEDATE.—The amendments made by 18 this section shall take effect with respect to award year 19 2025–2026 and each succeeding award year. 20 SEC. 212. CAMPUS-BASED AID PROGRAMS. 21 (a) T ERMINATION OF CERTAINPROGRAMS.—Not-22 withstanding subparts 3 and 4 of part A, or part C, of 23 title IV of the Higher Education Act of 1965 (20 U.S.C. 24 1070 et seq.), or any other provision of law, except as ex-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 83 •HR 6951 IH pressly authorized by an Act of Congress enacted after 1 the date of enactment of this Act, beginning on October 2 1, 2026— 3 (1) no funds are authorized to be appropriated, 4 or may be expended, under this Act or any other Act 5 to— 6 (A) make payments to institutions for Fed-7 eral Supplemental Educational Opportunity 8 Grants under subpart 3 of part A of title IV of 9 such Act (20 U.S.C. 1070b et seq.); or 10 (B) make payments to States for the 11 Leveraging Educational Assistance Partnership 12 Program under subpart 4 of part A of title IV 13 (20 U.S.C. 1070c et seq.); and 14 (2) the authority of the Secretary to carry out 15 any program or activity described in paragraph (1) 16 shall be terminated. 17 (b) P ROMISEGRANTS.—Subpart 4 of part A of title 18 IV of the Higher Education Act of 1965 (20 U.S.C. 1070c 19 et seq.) is amended to read as follows: 20 ‘‘Subpart 4—Promoting Real Opportunities to 21 Maximize Investments and Savings in Education 22 ‘‘SEC. 415A. PURPOSE. 23 ‘‘(a) P URPOSE.—It is the purpose of this subpart to 24 provide performance-based grants to— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 84 •HR 6951 IH ‘‘(1) assist institutions in providing certainty to 1 students and families about postsecondary afford-2 ability; 3 ‘‘(2) increase postsecondary access and eco-4 nomic mobility; and 5 ‘‘(3) ensure that students, institutions, and tax-6 payers receive a financial return for investments in 7 postsecondary education. 8 ‘‘SEC. 415B. PROMISE GRANTS. 9 ‘‘For award year 2026–2027 and each succeeding 10 award year, from reserved funds remitted to the Secretary 11 in accordance with section 454(d) and additional funds au-12 thorized under section 415E, as necessary, the Secretary 13 shall award PROMISE grants to eligible institutions to 14 carry out the purpose of this subpart. PROMISE grants 15 awarded under this subpart shall be performance-based 16 and shall be awarded to each eligible institution for a 6- 17 year period in an amount that is determined in accordance 18 with section 415D. 19 ‘‘SEC. 415C. ELIGIBLE INSTITUTIONS; APPLICATION. 20 ‘‘(a) E LIGIBLEINSTITUTION.—To be eligible for a 21 PROMISE grant under this subpart, an institution 22 shall— 23 ‘‘(1) be an institution of higher education under 24 section 102, except that an institution described in 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 85 •HR 6951 IH section 102(a)(1)(C) shall not be an eligible institu-1 tion under this subpart; and 2 ‘‘(2) meet the maximum total price guarantee 3 requirements under subsection (c). 4 ‘‘(b) A PPLICATION.—An eligible institution seeking a 5 PROMISE grant under this subpart (including a renewal 6 of such a grant) shall submit to the Secretary an applica-7 tion, at such time as the Secretary may require, that con-8 tains the information required in this subsection. Such ap-9 plication shall— 10 ‘‘(1) demonstrate that the institution— 11 ‘‘(A) meets the maximum total price guar-12 antee requirements under subsection (c); and 13 ‘‘(B) will continue to meet the maximum 14 total price guarantee requirements for each 15 award year during the grant period with respect 16 to students first enrolling at the institution for 17 each such award year; 18 ‘‘(2) describe how grant funds awarded under 19 this subpart will be used by the institution to carry 20 out the purposes of this Act, including activities re-21 lated to— 22 ‘‘(A) postsecondary affordability, includ-23 ing— 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 86 •HR 6951 IH ‘‘(i) the expansion and continuation of 1 the maximum total price guarantee re-2 quirements under subsection (c); and 3 ‘‘(ii) any other activities to be carried 4 out by the institution to increase postsec-5 ondary affordability and minimize the total 6 net price required for completion (as de-7 fined in section 132(a)) paid by students 8 receiving need-based student aid; 9 ‘‘(B) postsecondary access, which may in-10 clude— 11 ‘‘(i) the activities described in section 12 485E of this Act; and 13 ‘‘(ii) any other activities to be carried 14 out by the institution to increase postsec-15 ondary access and expand opportunities for 16 low- and middle-income students; and 17 ‘‘(C) postsecondary student success, which 18 may include— 19 ‘‘(i) activities to improve completion 20 rates and reduce time to credential, includ-21 ing the activities described in section 741 22 of this Act, as amended by the College 23 Cost Reduction Act; and 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 87 •HR 6951 IH ‘‘(ii) any other activities to be carried 1 out by the institution to increase value- 2 added earnings and postsecondary student 3 success; 4 ‘‘(3) describe— 5 ‘‘(A) how the institution will evaluate the 6 effectiveness of the institution’s use of grant 7 funds awarded under this subpart; and 8 ‘‘(B) how the institution will collect and 9 disseminate information on promising practices 10 developed with the use of such grant funds; and 11 ‘‘(4) in the case of an institution that has pre-12 viously received a grant under this subpart, contain 13 the evaluation required under paragraph (3) for 14 each previous grant. 15 ‘‘(c) M AXIMUMTOTALPRICEGUARANTEEREQUIRE-16 MENTS.—As a condition of eligibility for a PROMISE 17 grant under this subpart, an institution shall— 18 ‘‘(1) for each award year beginning after the 19 date of enactment of the College Cost Reduction 20 Act, not later than one year before the start of each 21 such award year (except that, for the first award 22 year beginning after such date of enactment, the in-23 stitution shall meet these requirements as soon as 24 practicable such date of enactment)— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 88 •HR 6951 IH ‘‘(A) determine the maximum total price 1 for completion, in accordance with subsection 2 (e), for each program of study at the institu-3 tion— 4 ‘‘(i) applicable to students in each in-5 come category described in section 6 132(c)(2)(A)(i); and 7 ‘‘(ii) applicable to students in each 8 student aid index category determined by 9 the Secretary in accordance with section 10 132(c)(2)(A)(ii); and 11 ‘‘(B) publish such information on the insti-12 tution’s website and in the institution’s catalog, 13 marketing materials, or other official publica-14 tions; 15 ‘‘(2) for the award year for which the institu-16 tion is applying for a PROMISE grant, and at least 17 one award year preceding such award year, provide 18 to each student who first enrolls, or plans to enroll, 19 in the institution during the award year and who re-20 ceives Federal financial aid under this title a max-21 imum total price guarantee, in accordance with this 22 section, for the minimum guarantee period applica-23 ble to the student; and 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 89 •HR 6951 IH ‘‘(3) provide to the Secretary an assurance that 1 the institution will continue to meet each of the 2 maximum total price guarantee requirements under 3 this subsection for students who first enroll, or plan 4 to enroll, in the institution during each award year 5 included in the grant period. 6 ‘‘(d) D URATION OF MINIMUMGUARANTEE PE-7 RIOD.— 8 ‘‘(1) I N GENERAL.—The minimum period dur-9 ing which a student shall be provided a guarantee 10 under subsection (c) with respect to the maximum 11 total price for completion of a program of study at 12 an institution shall be the median time to credential 13 of students who completed any undergraduate pro-14 gram of study at the institution during the most re-15 cent award year for which data are available, except 16 that such minimum guarantee period shall not be 17 less than the program length of the program of 18 study in which the student is enrolled. 19 ‘‘(2) L IMITATION.—An institution shall not be 20 required to provide a maximum total price guarantee 21 under subsection (c) to a student after the conclu-22 sion of the 6-year period beginning on the first day 23 on which the student enrolled at such institution. 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 90 •HR 6951 IH ‘‘(e) DETERMINATION OF MAXIMUMTOTALPRICE 1 FORCOMPLETION.— 2 ‘‘(1) I N GENERAL.—For the purposes of sub-3 section (c) and the Pell Plus program under section 4 401(k), an institution shall determine, prior to the 5 first award year in which a student enrolls at the in-6 stitution, the maximum total price that may be 7 charged to the student for completion of a program 8 of study at the institution for the minimum guar-9 antee period applicable to a student, before applica-10 tion of any Federal Pell grants or other Federal fi-11 nancial aid under this title. Such a maximum total 12 price for completion shall be determined for students 13 in each income category and student aid index cat-14 egory (as determined in accordance with section 15 132(c)(2)(A)). In determining the maximum total 16 price for completion to be charged to each such cat-17 egory of students, the institution may consider the 18 ability of a category of students to pay tuition and 19 fees (including the required costs described in sec-20 tion 484(b)(3)(A)(i)(I)), but may not include in such 21 consideration any Federal Pell grants or other Fed-22 eral financial aid awards that may be available to 23 such category of students under this title. 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 91 •HR 6951 IH ‘‘(2) MULTIPLE MAXIMUM TOTAL PRICE GUAR -1 ANTEES.—In the event that a student receives more 2 than one maximum total price guarantee because the 3 student is included in more than one category of stu-4 dents for which the institution determines a max-5 imum total price guarantee amount for the purposes 6 of subsection (c), or the student is participating in 7 the Pell Plus program under section 401(k), the 8 maximum total price guarantee applicable to such 9 student for the purposes of this section and the Pell 10 Plus program shall be equal to the lowest such guar-11 antee amount. 12 ‘‘SEC. 415D. GRANT AMOUNTS; FLEXIBLE USE OF FUNDS. 13 ‘‘(a) G RANTAMOUNTFORMULA.— 14 ‘‘(1) F ORMULA.—Subject to subsection (b), the 15 amount of a PROMISE grant for an eligible institu-16 tion for each year of the grant period shall be deter-17 mined by the Secretary annually and shall be the 18 amount determined by multiplying— 19 ‘‘(A) the lesser of— 20 ‘‘(i) the difference determined by sub-21 tracting one from the quotient of— 22 ‘‘(I) the average, for the 3 most 23 recent award years for which data are 24 available, of the median value-added 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 92 •HR 6951 IH earnings (as defined in section 103) 1 for each such award year of students 2 who completed any program of study 3 of the institution; divided by 4 ‘‘(II) the average for the 3 most 5 recent award years, of the maximum 6 total price applicable for each such 7 award year to students enrolled in the 8 institution in any program of study 9 who received financial aid under this 10 title; or 11 ‘‘(ii) the number two; 12 ‘‘(B) the average, for the 3 most recent 13 award years, of the total dollar amount of Fed-14 eral Pell Grants (excluding Pell Plus Grants 15 awarded under section 401(k)) awarded to stu-16 dents enrolled in the institution in each such 17 award year; and 18 ‘‘(C) the average, for the 3 most recent 19 award years, of the percentage of low-income 20 students who received Federal financial assist-21 ance under this title who were enrolled in the 22 institution in each such award year who— 23 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 93 •HR 6951 IH ‘‘(i) completed a program of study at 1 the institution within 100 percent of the 2 program length of such program; or 3 ‘‘(ii) only in the case of a two-year in-4 stitution or a less than two-year institu-5 tion— 6 ‘‘(I) transfer to a four-year insti-7 tution; and 8 ‘‘(II) within 4 years after first 9 enrolling at the two-year or less than 10 two-year institution, complete a pro-11 gram of study at the four-year institu-12 tion for which a bachelor’s degree (or 13 substantially similar credential) is 14 awarded. 15 ‘‘(2) D EFINITION OF LOW -INCOME.—In this 16 section, the term ‘low-income’, when used with re-17 spect to a student, means that the student’s family 18 income does not exceed the maximum income in the 19 lowest income category described in section 20 132(c)(2)(A)(i). 21 ‘‘(b) M AXIMUMGRANTAMOUNT.—Notwithstanding 22 subsection (a), the maximum amount an eligible institu-23 tion may receive annually for a grant under this subpart 24 shall be the amount equal to— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 94 •HR 6951 IH ‘‘(1) the average, for the 3 most recent award 1 years, of the number of students enrolled in the in-2 stitution in an award year who receive Federal fi-3 nancial aid under this title; multiplied by 4 ‘‘(2) $5,000. 5 ‘‘(c) F LEXIBLEUSE OFFUNDS.—A PROMISE 6 grant awarded under this subpart shall be used by an eli-7 gible institution to carry out the purposes of this subpart, 8 including— 9 ‘‘(1) carrying out activities included in the insti-10 tution’s application for such grant related to post-11 secondary affordability, access, and student success; 12 ‘‘(2) evaluating the effectiveness of the activi-13 ties carried out with such grant in accordance with 14 section 415C(b)(3)(A); and 15 ‘‘(3) collecting and disseminating promising 16 practices related to the activities carried out with 17 such grant, in accordance with section 18 415C(b)(3)(B). 19 ‘‘SEC. 415E. AUTHORIZATION OF APPROPRIATIONS. 20 ‘‘(a) A UTHORIZATIONTOUSERESERVEDFUNDS.— 21 To carry out this subpart, there shall be available to the 22 Secretary any funds remitted to the Secretary as risk- 23 sharing payments in accordance with section 454(d) for 24 VerDate Sep 11 2014 19:35 Jan 29, 2024 Jkt 039200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 95 •HR 6951 IH any award year. The Secretary shall use the funds received 1 through risk-sharing payments to provide the grants. 2 ‘‘(b) S ECONDARYAUTHORIZATION.—In addition to 3 the amounts available to the Secretary under subsection 4 (a), there are authorized to be appropriated, for fiscal year 5 2026 and each of the 9 succeeding fiscal years, 6 $2,000,000,000, to carry out this subpart in any award 7 year for which the amounts available under subsection (a) 8 are insufficient to fully fund the PROMISE grants award-9 ed under this subpart in such award year. 10 ‘‘(c) I NSUFFICIENTFUNDS.—If the amounts made 11 available to carry out this subpart for a fiscal year are 12 not sufficient to provide grants to all eligible institutions 13 in the amount determined under this subpart, the Sec-14 retary shall first provide grants to the eligible institutions 15 that have the highest percentage of students who are low- 16 income students (as defined in section 415D).’’. 17 Subpart 2—Loans 18 SEC. 221. LOAN LIMITS. 19 (a) S TAFFORDLOANS.— 20 (1) A GGREGATE AND ANNUAL LIMITS FOR 21 GRADUATE AND PROFESSIONAL STUDENTS .—Section 22 455(a) (20 U.S.C. 1087e(a)) is amended— 23 (A) in paragraph (3)— 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 96 •HR 6951 IH (i) in subparagraph (A)(ii), by insert-1 ing before the period at the end the fol-2 lowing: ‘‘, except that for any period of in-3 struction beginning on or after July 1, 4 2025, such maximum annual amount shall 5 be determined in accordance with subpara-6 graph (C)’’; 7 (ii) in subparagraph (B), by inserting 8 before the period at the end the following: 9 ‘‘for any period of instruction through 10 June 30, 2025’’; and 11 (iii) by adding at the end the fol-12 lowing: 13 ‘‘(C) A NNUAL LIMITS.—Notwithstanding 14 any provision of this part or part B, for any pe-15 riod of instruction beginning on or after July 1, 16 2025, the maximum annual amount of Federal 17 Direct Unsubsidized Stafford loans that a grad-18 uate or professional student may borrow in any 19 academic year (as defined in section 481(a)(2)) 20 or its equivalent shall be median cost of college 21 (as defined in section 472A) of the program of 22 study in which the student is enrolled, except 23 that the sum of such annual loan amount and 24 other financial assistance (as defined in section 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 97 •HR 6951 IH 480(i)) that the student receives for such aca-1 demic year may not exceed the cost of attend-2 ance of such student. 3 ‘‘(D) A GGREGATE LIMITS .—Notwith-4 standing any provision of this part or part B, 5 for any period of instruction beginning on or 6 after July 1, 2025, the maximum aggregate 7 amount of Federal Direct Unsubsidized Staf-8 ford loans that— 9 ‘‘(i) a graduate student may borrow 10 shall be $100,000; and 11 ‘‘(ii) a professional student may bor-12 row shall be $150,000. 13 ‘‘(E) E XCEPTION FOR CERTAIN STU -14 DENTS.— 15 ‘‘(i) I N GENERAL.—The provisions 16 listed in clause (ii) shall not apply with re-17 spect to any individual who, as of June 30, 18 2025, is enrolled in a program of study at 19 an institution of higher education, and has 20 received a loan (or on whose behalf a loan 21 was made) under this part for such pro-22 gram, during the individual’s expected time 23 to completion of such program, as deter-24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 98 •HR 6951 IH mined by calculating by the difference be-1 tween— 2 ‘‘(I) the program length for the 3 program of study in which such indi-4 vidual is enrolled; and 5 ‘‘(II) the period of such program 6 that such individual has completed, 7 except that such expected time to comple-8 tion may not exceed 3 years. 9 ‘‘(ii) P ROVISIONS.—An individual de-10 scribed in clause (i) shall not be subject to 11 subparagraphs (C) and (D) of this para-12 graph, or paragraph (4) or (6).’’. 13 (2) A NNUAL LIMITS FOR UNDERGRADUATE 14 BORROWERS.—Section 455(a) (20 U.S.C. 1087e(a)) 15 is further amended by adding at the end the fol-16 lowing: 17 ‘‘(4) A NNUAL AND AGGREGATE LOAN LIMITS 18 FOR UNDERGRADUATE AND ALL BORROWERS .— 19 ‘‘(A) U NDERGRADUATE STUDENTS .— 20 ‘‘(i) A NNUAL LOAN LIMITS.— 21 ‘‘(I) S UBSIDIZED LOANS.—Not-22 withstanding any provision of this 23 part or part B, for any period of in-24 struction beginning on or after July 1, 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 99 •HR 6951 IH 2025, the maximum annual amount of 1 Federal Direct Stafford loans that an 2 undergraduate student may borrow in 3 any academic year (as defined in sec-4 tion 481(a)(2)) or its equivalent shall 5 be the difference between— 6 ‘‘(aa) the median cost of col-7 lege (as defined in section 472A) 8 of the program of study in which 9 the student is enrolled; and 10 ‘‘(bb) the sum of the Fed-11 eral Pell Grant and Federal Pell 12 Plus Grant under section 401 13 awarded to the student for such 14 academic year, 15 except that (1) the amount of such 16 Federal Direct Stafford loans awarded 17 to the student for such academic year 18 may not exceed the maximum annual 19 limit described in section 428(b)(1) 20 that is applicable to such student; and 21 (2) the sum of such Federal Direct 22 Stafford Loans, the amount of such 23 Federal Pell Grant, Federal Pell Plus 24 Grant, and other financial assistance 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 100 •HR 6951 IH (as defined in section 480(i)) that the 1 student receives for such academic 2 year may not exceed the cost of at-3 tendance of such student. 4 ‘‘(II) U NSUBSIDIZED LOANS .— 5 Notwithstanding any provision of this 6 part or part B, for any period of in-7 struction beginning on or after July 1, 8 2025, the maximum annual amount of 9 Federal Direct Unsubsidized Stafford 10 loans that an undergraduate student 11 may borrow in any academic year (as 12 defined in section 481(a)(2)) or its 13 equivalent shall be the difference be-14 tween— 15 ‘‘(aa) the median cost of col-16 lege (as defined in section 472A) 17 of the program of study in which 18 the student is enrolled; and 19 ‘‘(bb) the sum of— 20 ‘‘(AA) the amount of 21 Federal Direct Stafford 22 loans awarded to such stu-23 dent for such academic year; 24 and 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 101 •HR 6951 IH ‘‘(BB) the amount of 1 the Federal Pell Grant and 2 Federal Pell Plus Grant 3 under section 401 awarded 4 to the student for such aca-5 demic year, 6 except that the sum of all Fed-7 eral financial aid under this title 8 and other financial assistance (as 9 defined in section 480(i)) that 10 such student receives for such 11 academic year may not exceed 12 the cost of attendance for such 13 student. 14 ‘‘(ii) A GGREGATE LIMITS.—Notwith-15 standing any provision of this part or part 16 B, for any period of instruction beginning 17 on or after July 1, 2025, with respect to 18 an undergraduate student— 19 ‘‘(I) the maximum aggregate 20 amount of Federal Direct Stafford 21 loans and Federal Direct Unsub-22 sidized Stafford loans that may be 23 borrowed shall be $50,000; 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 102 •HR 6951 IH ‘‘(II) the maximum aggregate 1 amount of Federal Direct Stafford 2 loans that may be borrowed shall be 3 $23,000; and 4 ‘‘(III) the maximum aggregate 5 amount of Federal Direct Unsub-6 sidized Stafford loans that may be 7 borrowed shall be $50,000. 8 ‘‘(B) S TUDENTS IN A QUALIFYING UNDER -9 GRADUATE PROGRAM .— 10 ‘‘(i) A GGREGATE LIMITS .—Notwith-11 standing the aggregate limits described in 12 subparagraph (A)(ii), a student enrolled in 13 a qualifying undergraduate program shall 14 be subject to the aggregate limits for pro-15 fessional students described in paragraph 16 (3)(D)(ii). 17 ‘‘(ii) Q UALIFYING UNDERGRADUATE 18 PROGRAM DEFINED .—For purposes of this 19 subparagraph, the term ‘qualifying under-20 graduate program’ means a program of 21 study— 22 ‘‘(I) for which the total tuition 23 and fees (including the required costs 24 described in section 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 103 •HR 6951 IH 484(b)(3)(A)(i)(I)) exceeds the aggre-1 gate limits for undergraduate students 2 described in subparagraph (A)(ii); 3 ‘‘(II) that meets certification re-4 quirements of the Federal agency that 5 directly regulates the program and 6 provides final licensing and credentials 7 to students upon completion; and 8 ‘‘(III) that has had, for the pre-9 vious three award years— 10 ‘‘(aa) a verified completion 11 rate of at least 70 percent, within 12 150 percent of the program 13 length of such program of study; 14 and 15 ‘‘(bb) a verified job place-16 ment rate of at least 70 percent, 17 measured 180 days after comple-18 tion. 19 ‘‘(C) A LL STUDENTS.—The maximum ag-20 gregate amount of loans made, insured, or 21 guaranteed under this title to a student shall be 22 $200,000.’’. 23 (3) I NSTITUTIONALLY DETERMINED LIMITS .— 24 Section 455(a) of the Higher Education Act of 1965 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 104 •HR 6951 IH (20 U.S.C. 1087e(a)) is further amended by adding 1 at the end the following: 2 ‘‘(5) I NSTITUTIONALLY DETERMINED LIMITS .— 3 ‘‘(A) I N GENERAL.—Notwithstanding any 4 other provision of this subsection, an eligible in-5 stitution (at the discretion of a financial aid ad-6 ministrator at the institution) may prorate or 7 limit the amount of a loan any student who is 8 enrolled in a program of study for a period of 9 instruction beginning on or after July 1, 2024, 10 at that institution, may borrow under this part 11 for an academic year— 12 ‘‘(i) if the institution can reasonably 13 demonstrate that outstanding amounts 14 owed of loans made under this title are or 15 would be excessive for students who com-16 plete such program, based on the most re-17 cently available data from the College 18 Scorecard (or successor website of the De-19 partment) on— 20 ‘‘(I) the median of the value- 21 added earnings of students who com-22 plete such program; and 23 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 105 •HR 6951 IH ‘‘(II) the median debt owed, and 1 the repayment rate, on loans made 2 under this part, of such students; 3 ‘‘(ii) in a case in which the student is 4 enrolled on a less than full-time basis or 5 the student is enrolled for less than the pe-6 riod of enrollment to which the annual loan 7 limit applies under this subsection, based 8 on the student’s enrollment status; or 9 ‘‘(iii) based on the year of the pro-10 gram for which the student is seeking such 11 loan. 12 ‘‘(B) A PPLICATION TO ALL STUDENTS .— 13 Any proration or limiting of loan amounts 14 under subparagraph (A) shall be applied in the 15 same manner to all students enrolled in a pro-16 gram of study. 17 ‘‘(C) I NCREASES FOR INDIVIDUAL STU -18 DENTS.—Upon the request of a student whose 19 loan amount for an academic year has been 20 prorated or limited under subparagraph (A), an 21 eligible institution (at the discretion of the fi-22 nancial aid administrator at the institution) 23 may increase such loan amount to an amount 24 not exceeding the annual loan amount applica-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 106 •HR 6951 IH ble to such student under this paragraph for 1 such academic year.’’. 2 (b) T ERMINATION OF AUTHORITYTOMAKEFED-3 ERALDIRECTPLUSLOANS TOANYSTUDENT ORPARENT 4 B ORROWER.—Section 455(a) of the Higher Education Act 5 of 1965 (20 U.S.C. 1087e(a)) is amended by adding at 6 the end the following: 7 ‘‘(6) T ERMINATION OF AUTHORITY TO MAKE 8 FEDERAL DIRECT PLUS LOANS .—Notwithstanding 9 any provision of this part or part B, except as pro-10 vided in paragraph (3)(E), for any period of instruc-11 tion beginning on or after July 1, 2025, no Federal 12 Direct PLUS loans may be made to any parent bor-13 rower or graduate or professional student bor-14 rower.’’. 15 SEC. 222. LOAN REPAYMENT. 16 (a) R EPAYMENT PLANS.—Section 455(d) of the 17 Higher Education Act of 1965 (20 U.S.C. 1087e(d)) is 18 amended— 19 (1) in paragraph (1)(D) by inserting ‘‘(includ-20 ing a repayment assistance plan under 455(e)(9))’’ 21 after ‘‘an income contingent repayment plan’’; and 22 (2) by adding at the end the following: 23 ‘‘(6) R EPAYMENT PLANS FOR LOANS MADE ON 24 OR AFTER JULY 1, 2024.— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 107 •HR 6951 IH ‘‘(A) DESIGN AND SELECTION .—Notwith-1 standing paragraph (1), beginning on July 1, 2 2024, the Secretary shall offer a borrower of a 3 loan made under this part on or after July 1, 4 2024, two plans for repayment of such loan, in-5 cluding principal and interest on the loan. The 6 borrower shall be entitled to accelerate, without 7 penalty, repayment on such loans. The borrower 8 may choose— 9 ‘‘(i) a standard repayment plan with a 10 fixed monthly repayment amount paid over 11 a fixed period of time, not to exceed 10 12 years; or 13 ‘‘(ii) a repayment assistance plan 14 under section 455(e)(9). 15 ‘‘(B) S ELECTION BY SECRETARY .—If such 16 borrower does not select a repayment plan de-17 scribed in subparagraph (A), the Secretary shall 18 provide the borrower with the repayment plan 19 described in subparagraph (A)(i). 20 ‘‘(C) C HANGES IN SELECTION.— 21 ‘‘(i) I N GENERAL.—Subject to clause 22 (ii), a borrower may change the borrower’s 23 selection of a repayment plan under sub-24 paragraph (A), or the Secretary’s selection 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 108 •HR 6951 IH of a plan for the borrower under subpara-1 graph (B), as the case may be. Nothing in 2 this subsection shall prohibit the Secretary 3 from encouraging distressed borrowers 4 from enrolling in the repayment assistance 5 plan under section 455(e)(9). 6 ‘‘(ii) S AME REPAYMENT PLAN RE -7 QUIRED.—All loans made under this part 8 on or after July 1, 2024, to a borrower 9 shall be repaid under the same repayment 10 plan under subparagraph (A), except that 11 the borrower may repay an excepted PLUS 12 loan or an excepted consolidation loan (as 13 such terms are defined in section 14 455(e)(9)) separately from other loans 15 made under this part to the borrower. 16 ‘‘(D) R EPAYMENT AFTER DEFAULT .—The 17 Secretary may require a borrower who has de-18 faulted on a loan made under this part to— 19 ‘‘(i) pay all reasonable collection costs 20 associated with such loan; and 21 ‘‘(ii) repay the loan pursuant to the 22 repayment assistance plan under section 23 455(e)(9). 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 109 •HR 6951 IH ‘‘(E) PROHIBITIONS.—The Secretary may 1 not— 2 ‘‘(i) authorize a borrower of a loan 3 made under this part on or after July 1, 4 2024, to repay such loan pursuant to a re-5 payment plan that is not described in 6 clause (i) or (ii) of subparagraph (A); or 7 ‘‘(ii) carry out or modify a repayment 8 plan for any loan made under this part on 9 or after July 1, 2024, that is not described 10 in such clause (i) or (ii).’’. 11 (b) R EPAYMENTASSISTANCEPLAN.—Section 455(e) 12 of the Higher Education Act of 1965 (20 U.S.C. 13 1087e(e)) is amended by adding at the end the following: 14 ‘‘(9) R EPAYMENT ASSISTANCE PLAN .— 15 ‘‘(A) I N GENERAL.—Notwithstanding any 16 other provision of this Act, beginning on July 17 1, 2024, the Secretary shall carry out a repay-18 ment assistance program that shall have the 19 terms and conditions of an income-contingent 20 repayment plan described in paragraphs (1) 21 through (8), except that— 22 ‘‘(i) a borrower of any loan made 23 under this part (other than an excepted 24 PLUS loan or excepted consolidation loan), 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 110 •HR 6951 IH may elect to have the borrower’s aggregate 1 monthly payment for all such loans not ex-2 ceed the applicable monthly payment for 3 the borrower, except that a borrower may 4 not be precluded from repaying an amount 5 that exceeds such applicable monthly pay-6 ment for any month; 7 ‘‘(ii) the Secretary shall apply the bor-8 rower’s monthly payment under this para-9 graph first toward interest due on such a 10 loan, next toward any fees due on the loan, 11 and then toward the principal of the loan; 12 ‘‘(iii) any principal due and not paid 13 under clause (ii) shall be deferred; 14 ‘‘(iv) the amount of time the borrower 15 makes monthly payments under clause (i) 16 may exceed 10 years; 17 ‘‘(v) notwithstanding paragraph (7), 18 the Secretary shall repay or cancel any 19 outstanding balance of principal and inter-20 est due on all loans made under this part 21 (other than excepted PLUS loans or ex-22 cepted consolidation loans) to a borrower— 23 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 111 •HR 6951 IH ‘‘(I) who, at any time, elected to 1 participate in a repayment assistance 2 plan under clause (i); 3 ‘‘(II) whose final monthly pay-4 ment for such loans prior to the loan 5 cancellation under this clause was 6 made under such repayment assist-7 ance plan; and 8 ‘‘(III) who has repaid on such 9 loans (pursuant to a repayment assist-10 ance plan under clause (i), a standard 11 repayment plan under subsection 12 (d)(6)(A)(i), or a combination of any 13 such plan or any of the repayment 14 plans listed in clause (ii), (iii), (iv), or 15 (v) of paragraph (7)(B), or, in the 16 case of a consolidation loan, pursuant 17 to a repayment schedule described 18 item (aa)(BB) of this subclause) an 19 amount that is equal to— 20 ‘‘(aa)(AA) the total amount 21 of principal and interest that the 22 borrower would have repaid 23 under a standard repayment plan 24 under paragraph (1)(A) or 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 112 •HR 6951 IH (6)(A)(i) of subsection (d), based 1 on a 10-year repayment period, 2 when the borrower entered repay-3 ment on such loans; or 4 ‘‘(BB) in the case of a Fed-5 eral Direct Consolidation Loan, 6 the total amount of principal and 7 interest that the borrower would 8 have repaid under the repayment 9 schedule established for the loan 10 under section 428C(c)(2) on the 11 date on which such loan was 12 made; plus 13 ‘‘(bb) an amount equal to 14 the amount of any unpaid inter-15 est that has accrued, but was not 16 included in the calculation of the 17 total amount of principal and in-18 terest that would have been re-19 paid under the standard repay-20 ment plan or schedule described 21 in item (aa)— 22 ‘‘(AA) during any 23 deferment period described 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 113 •HR 6951 IH in clause (i) or (ii) of sub-1 section (f)(2)(A); or 2 ‘‘(BB) during any for-3 bearance period while serv-4 ing in a medical or dental 5 internship or residency pro-6 gram as described in section 7 428(c)(3)(A)(i)(I); and 8 ‘‘(vi) a borrower who is repaying a 9 loan pursuant to a repayment assistance 10 plan under clause (i) may elect, at any 11 time, to terminate repayment pursuant to 12 such plan and repay such loan under the 13 standard repayment plan under subsection 14 (d)(6)(A)(i). 15 ‘‘(B) R EPAYMENT ASSISTANCE FOR DIS -16 TRESSED BORROWERS .— 17 ‘‘(i) I NTEREST SUBSIDY .—For each 18 month for which a borrower’s aggregate 19 monthly payment under this paragraph is 20 insufficient to pay the total amount of in-21 terest that accrues on a loan for the 22 month, the amount of interest accrued and 23 not paid for the month shall be subtracted 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 114 •HR 6951 IH from the total amount of interest due on 1 such loan for the month. 2 ‘‘(ii) P RINCIPAL SUBSIDY.—For each 3 month for which a borrower’s aggregate 4 monthly payment under this paragraph re-5 pays an amount due on an individual loan 6 that is less than twice the total amount of 7 interest that accrues on such loan for the 8 month, the amount of the total principal 9 due on such loan shall be reduced by an 10 amount equal to half of the monthly pay-11 ment under this paragraph on such loan 12 for the month. 13 ‘‘(C) D EFINITIONS.—In this paragraph: 14 ‘‘(i) A DJUSTED GROSS INCOME .—The 15 term ‘adjusted gross income’ has the 16 meaning given the term in section 62 of 17 the Internal Revenue Code of 1986. 18 ‘‘(ii) A PPLICABLE MONTHLY PAY -19 MENT.—The term ‘applicable monthly pay-20 ment’ means, when used with respect to a 21 borrower, the amount obtained by dividing 22 by 12, 10 percent of the result obtained by 23 calculating, on at least an annual basis, 24 the amount by which— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 115 •HR 6951 IH ‘‘(I) the adjusted gross income of 1 the borrower or, if the borrower is 2 married and files a Federal income 3 tax return jointly with or separately 4 from the borrower’s spouse, the ad-5 justed gross income of the borrower 6 and the borrower’s spouse; exceeds 7 ‘‘(II) 150 percent of the poverty 8 line applicable to the borrower’s fam-9 ily size as determined under section 10 673(2) of the Community Services 11 Block Grant Act (42 U.S.C. 9902(2)). 12 ‘‘(iii) E XCEPTED CONSOLIDATION 13 LOAN.—The term ‘excepted Consolidation 14 Loan’ means a Federal Direct Consolida-15 tion Loan, if the proceeds of such loan 16 were used to the discharge the liability 17 on— 18 ‘‘(I) an excepted PLUS loan; or 19 ‘‘(II) a Federal Direct Consolida-20 tion loan, if the proceeds of such loan 21 were used to discharge the liability on 22 an excepted PLUS loan. 23 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 116 •HR 6951 IH ‘‘(iv) EXCEPTED PLUS LOAN .—The 1 term ‘excepted PLUS Loan’ has the mean-2 ing given the term in section 493C.’’. 3 SEC. 223. LOAN REHABILITATION. 4 Section 428F(a)(5) of the Higher Education Act of 5 1965 (20 U.S.C. 1078–6(a)(5)) is amended by striking 6 ‘‘one time’’ and inserting ‘‘two times’’. 7 SEC. 224. INTEREST CAPITALIZATION. 8 (a) F EDERALPLUSLOANS.—Section 428B(d)(2) of 9 the Higher Education Act of 1965 (20 U.S.C. 1078– 10 2(d)(2)) is amended to read as follows: 11 ‘‘(2) N O CAPITALIZATION OF INTEREST .—Inter-12 est on loans made under this section for which pay-13 ments of principal are deferred pursuant to para-14 graph (1) shall be paid monthly or quarterly, if 15 agreed upon by the borrower and the lender.’’. 16 (b) F EDERALCONSOLIDATION LOANSDEFER-17 RALS.—Section 428C(b)(4)(C)(ii)(III) of the Higher Edu-18 cation Act of 1965 (20 U.S.C. 1078–3(b)(4)(C)(III)) is 19 amended by striking ‘‘or capitalized,’’. 20 (c) L OANLIMITS FORUNSUBSIDIZEDSTAFFORD 21 L OANS.—Section 428H(d)(5) of the Higher Education 22 Act of 1965 (20 U.S.C. 1078–8(d)(5)) is amended by in-23 serting ‘‘before the date of enactment of the College Cost 24 Reduction Act’’ after ‘‘Interest capitalized’’. 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 117 •HR 6951 IH (d) UNSUBSIDIZEDSTAFFORDLOANS FORMIDDLE 1 I NCOMEBORROWERS.—Section 428H(e)(2) of the Higher 2 Education Act of 1965 (20 U.S.C. 1078–8(e)(2)) is 3 amended— 4 (1) in subparagraph (A), in the matter before 5 clause (i), by striking ‘‘, if agreed upon by the bor-6 rower and the lender’’ and all that follows through 7 clause (ii)(IV) and inserting ‘‘be paid monthly or 8 quarterly, if agreed upon by the borrower and the 9 lender.’’; 10 (2) by striking subparagraph (B); and 11 (3) by redesignating subparagraph (C) as sub-12 paragraph (B). 13 (e) I NCOMECONTINGENT REPAYMENT.—Section 14 455(e)(5) of the Higher Education Act of 1965 (20 U.S.C. 15 1087e(e)(5)) is amended by striking the last sentence and 16 inserting ‘‘No interest may be capitalized on such loan on 17 or after the date of the enactment of the College Cost Re-18 duction Act, and the Secretary shall promulgate regula-19 tions with respect to the treatment of accrued interest that 20 is not capitalized’’. 21 (f) E FFECT OFDEFERMENT ON PRINCIPAL ANDIN-22 TEREST.—Section 455(f)(1)(B) of the Higher Education 23 Act of 1965 (20 U.S.C. 1087e(f)(1)(B)) is amended by 24 striking ‘‘capitalized or’’. 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 118 •HR 6951 IH (g) INCOME-BASEDREPAYMENTPROGRAM.—Section 1 493C(b)(3)(B) of the Higher Education Act of 1965 (20 2 U.S.C. 1098e(b)(3)(B)) is amended by inserting ‘‘shall ac-3 crue but not’’ before ‘‘be capitalized’’. 4 SEC. 225. ORIGINATION FEES. 5 (a) R EPEAL OFORIGINATIONFEES.—Subsection (c) 6 of section 455 of the Higher Education Act of 1965 (20 7 U.S.C. 1087e(c)) is repealed. 8 (b) E FFECTIVEDATE.—The amendment made by 9 subsection (a) shall apply with respect to loans made 10 under part D of title IV of the Higher Education Act of 11 1965 (20 U.S.C. 1087a et seq.) for which the first dis-12 bursement of principal is made, or, in the case of a Fed-13 eral Direct Consolidation Loan, the application is received, 14 on or after July 1, 2024. 15 TITLE III—ACCOUNTABILITY 16 AND STUDENT SUCCESS 17 PART A—ACCOUNTABILITY 18 Subpart 1—Department of Education 19 SEC. 301. AGREEMENTS WITH INSTITUTIONS. 20 Section 454 of the Higher Education Act of 1965 (20 21 U.S.C. 1087d) is amended— 22 (1) in subsection (a)— 23 (A) in paragraph (5), by striking ‘‘and’’ 24 after the semicolon; 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 119 •HR 6951 IH (B) by redesignating paragraph (6) as 1 paragraph (7); and 2 (C) by inserting after paragraph (5) the 3 following new paragraph: 4 ‘‘(6) remit annual risk-sharing payments to the 5 Secretary in accordance with the requirements under 6 subsection (d); and’’; and 7 (2) by adding at the end the following new sub-8 section: 9 ‘‘(d) R ISK-SHARINGREQUIREMENTS.— 10 ‘‘(1) A NNUAL RISK-SHARING PAYMENTS RE -11 QUIRED.—Beginning in award year 2024–2025, 12 each institution of higher education participating in 13 the direct student loan program under this part 14 shall, for qualifying student loans, remit to the Sec-15 retary, at such time as the Secretary may specify, an 16 annual risk-sharing payment for each student cohort 17 of the institution, based on the non-repayment bal-18 ance of such cohort and calculated in accordance 19 with paragraph (3). 20 ‘‘(2) S TUDENT COHORTS.— 21 ‘‘(A) C OHORTS ESTABLISHED .—For each 22 institution of higher education, the Secretary 23 shall establish student cohorts, beginning with 24 award year 2023–2024, as follows: 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 120 •HR 6951 IH ‘‘(i) COMPLETING STUDENT CO -1 HORT.—For each program of study at 2 such institution, a student cohort com-3 prised of all students who received Federal 4 financial assistance under this title and 5 who completed such program during such 6 award year. 7 ‘‘(ii) U NDERGRADUATE NON -COM-8 PLETING STUDENT COHORT .—For such in-9 stitution, a student cohort comprised of all 10 students who received Federal financial as-11 sistance under this title, who were enrolled 12 in the institution during the previous 13 award year in a program of study leading 14 to an undergraduate credential, and who at 15 the time the cohort is established— 16 ‘‘(I) have not completed such 17 program of study; and 18 ‘‘(II) are not enrolled at the in-19 stitution in any program of study 20 leading to an undergraduate creden-21 tial. 22 ‘‘(iii) G RADUATE NON -COMPLETING 23 STUDENT COHORT .—For each program of 24 study leading to a graduate credential at 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 121 •HR 6951 IH such institution, a student cohort com-1 prised of all students who received Federal 2 financial assistance under this title, who 3 were enrolled in such program during the 4 previous award year, and who at the time 5 the cohort is established— 6 ‘‘(I) have not completed such 7 program of study; and 8 ‘‘(II) are not enrolled in such 9 program. 10 ‘‘(B) Q UALIFYING STUDENT LOAN .—For 11 the purposes of this subsection, the term ‘quali-12 fying student loan’ means a Federal Direct 13 loan, including a Federal Direct Consolidation 14 loan, made under this part that— 15 ‘‘(i) was made to a student included 16 in a student cohort of an institution; and 17 ‘‘(ii) except in the case of a loan de-18 scribed in clause (i) or (ii) of subparagraph 19 (C), is not included in any other student 20 cohort of any institution of higher edu-21 cation. 22 ‘‘(C) S PECIAL CIRCUMSTANCES .— 23 ‘‘(i) M ULTIPLE CREDENTIALS .—In 24 the case of a student who completes two or 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 122 •HR 6951 IH more programs of study during the same 1 award year, each qualifying student loan of 2 the student shall be included in the student 3 cohort for each of such program of study 4 for such award year. 5 ‘‘(ii) T REATMENT OF CERTAIN CON -6 SOLIDATION LOANS .—A Federal Direct 7 Consolidation loan made under this title 8 shall not be considered a qualifying stu-9 dent loan for a student cohort for an 10 award year if all of the loans included in 11 such consolidation loan are attributable to 12 another student cohort. 13 ‘‘(iii) C ONSOLIDATION AFTER INCLU -14 SION IN A STUDENT COHORT .—If a quali-15 fying student loan is consolidated into a 16 consolidation loan under this title after 17 such qualifying student loan has been in-18 cluded in a student cohort, the percentage 19 of the consolidation loan that was attrib-20 utable to such student cohort at the time 21 of consolidation shall remain attributable 22 to the student cohort for the life of the 23 consolidation loan. 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 123 •HR 6951 IH ‘‘(3) CALCULATION OF RISK -SHARING PAY-1 MENTS.— 2 ‘‘(A) R ISK-SHARING PAYMENT FORMULA .— 3 For each student cohort of an institution of 4 higher education established under this sub-5 section, the annual risk-sharing payment for 6 such cohort shall be equal to— 7 ‘‘(i) the risk-sharing percentage deter-8 mined for the cohort in accordance with 9 subparagraph (B); multiplied by 10 ‘‘(ii) the non-repayment balance for 11 the cohort for the award year, determined 12 in accordance with subparagraph (C). 13 ‘‘(B) R ISK-SHARING PERCENTAGE .—The 14 risk-sharing percentage of a student cohort of 15 an institution shall be determined by the Sec-16 retary when the cohort is established, shall re-17 main constant for the life of the student cohort, 18 and shall be determined as follows: 19 ‘‘(i) C OMPLETING STUDENT CO -20 HORTS.—The risk-sharing percentage of a 21 completing student cohort shall be equal to 22 the percentage determined by— 23 ‘‘(I) subtracting from one the 24 quotient of— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 124 •HR 6951 IH ‘‘(aa) the median value- 1 added earnings (as defined in 2 section 103) of students who 3 completed such program of study 4 in the most recent award year for 5 which data is available, as re-6 ported on the College Scorecard 7 at the time the cohort was estab-8 lished; divided by 9 ‘‘(bb) the median total price 10 charged to students included in 11 such cohort; and 12 ‘‘(II) multiplying the difference 13 determined under subclause (I) by 14 100. 15 ‘‘(ii) S PECIAL CIRCUMSTANCES FOR 16 COMPLETING STUDENT COHORTS .— 17 ‘‘(I) H IGH-RISK COHORTS.—Not-18 withstanding clause (i), if the median 19 value-added earnings of a completing 20 student cohort under clause (i)(I)(aa) 21 is negative, the risk-sharing percent-22 age of the student cohort shall be 100 23 percent. 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 125 •HR 6951 IH ‘‘(II) LOW-RISK COHORTS.—Not-1 withstanding clause (i), if the median 2 value-added earnings of a completing 3 student cohort under clause (i)(I)(aa) 4 exceeds the median total price of such 5 cohort under clause (i)(I)(bb), the 6 risk-sharing percentage of the student 7 cohort shall be 0 percent. 8 ‘‘(iii) N ON-COMPLETING STUDENT CO -9 HORTS.—The risk-sharing percentage of a 10 non-completing student cohort shall be de-11 termined based on the most recent data 12 available in the award year in which the 13 cohort is established, and— 14 ‘‘(I) for an undergraduate non- 15 completing student cohort, shall be 16 equal to the percentage of under-17 graduate students who received Fed-18 eral financial assistance under this 19 title at such institution who— 20 ‘‘(aa) did not complete an 21 undergraduate program of study 22 at the institution within 150 per-23 cent of the program length of 24 such program; or 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 126 •HR 6951 IH ‘‘(bb) only in the case of a 1 two-year institution, did not, 2 within 6 years after first enroll-3 ing at the two-year institution, 4 complete a program of study at a 5 four-year institution for which a 6 bachelor’s degree (or substan-7 tially similar credential) is 8 awarded; and 9 ‘‘(II) for a graduate non-com-10 pleting student cohort, shall be equal 11 to the percentage of students who re-12 ceived Federal financial assistance 13 under this title at the institution for 14 the applicable graduate program of 15 study and who did not complete such 16 program of study within 150 percent 17 of the program length. 18 ‘‘(C) N ON-REPAYMENT LOAN BALANCE .— 19 ‘‘(i) I N GENERAL.—For each award 20 year, the Secretary shall determine the 21 non-repayment loan balance for such 22 award year for each student cohort of an 23 institution of higher education by calcu-24 lating the sum of— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 127 •HR 6951 IH ‘‘(I) for loans in such cohort in 1 repayment status that are being re-2 paid under a standard 10-year repay-3 ment plan under section 455(d)(1), 4 the difference between the total 5 amount of payments due from all bor-6 rowers on such loans during such 7 year, as required under section 8 455(d)(1)(A), and the total amount of 9 payments made by all such borrowers 10 on such loans during such year; plus 11 ‘‘(II) for loans in such cohort in 12 repayment status that are being re-13 paid under the repayment assistance 14 plan under section 455(e)(9)— 15 ‘‘(aa) the difference between 16 the total amount of payments 17 due from all borrowers on such 18 loans during such year, as re-19 quired under section 455(e)(9), 20 and the total amount of pay-21 ments made by all such bor-22 rowers on such loans during such 23 year; plus 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 128 •HR 6951 IH ‘‘(bb) the total amount of 1 repayment assistance for such 2 loans under such section 3 455(e)(9) during such year, in-4 cluding the unpaid principal re-5 duced, and interest subtracted, 6 by the Secretary. 7 ‘‘(ii) S PECIAL CIRCUMSTANCES .—For 8 the purpose of calculating the non-repay-9 ment loan balance of student cohorts under 10 this paragraph, the Secretary shall— 11 ‘‘(I) for each qualifying student 12 loan in a student cohort that is in-13 cluded in another student cohort be-14 cause the student who borrowed such 15 loan completed two or more programs 16 of study during the same award year, 17 the total amount of repayment assist-18 ance and amounts due but not paid 19 for such qualifying student loan shall 20 be divided equally among each of the 21 student cohorts in which such loan is 22 included; and 23 ‘‘(II) for each consolidation loan 24 in a student cohort— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 129 •HR 6951 IH ‘‘(aa) determine the percent-1 age of the outstanding principal 2 balance of the consolidation loan 3 attributable to such student co-4 hort— 5 ‘‘(AA) at the time of 6 that loan was included in 7 such cohort, in the case of a 8 loan consolidated before in-9 clusion in such cohort; or 10 ‘‘(BB) at the time of 11 consolidation, in the case of 12 a loan consolidated after in-13 clusion in such cohort; and 14 ‘‘(bb) include in the calcula-15 tions under clause (i) for such 16 student cohort only the percent-17 age of the total amount of repay-18 ment assistance and amounts due 19 but not paid for the consolidation 20 loan for such year that is equal 21 to the percentage of the consoli-22 dation loan determined under 23 item (aa). 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 130 •HR 6951 IH ‘‘(D) TOTAL PRICE.—With respect to a 1 student who received Federal financial assist-2 ance under this title and who completes a pro-3 gram of study, the term ‘total price’ means the 4 total amount, before Federal financial assist-5 ance under this title was applied, a student was 6 required to pay to complete the program of 7 study. A student’s total price shall be calculated 8 by the Secretary as the difference between— 9 ‘‘(i) the total amount of tuition and 10 fees (including the required costs described 11 in section 484(b)(3)(A)(i)(I)) that were 12 charged to such student before the applica-13 tion of any Federal financial assistance 14 provided under this title; minus 15 ‘‘(ii) the total amount of grants and 16 scholarships described in section 17 480(i)awarded to such student from non- 18 Federal sources for such program of study. 19 ‘‘(4) N OTIFICATION AND REMITTANCE .—Begin-20 ning with the first award year for which risk-sharing 21 payments are required under this subsection, and for 22 each succeeding award year, the Secretary shall— 23 ‘‘(A) notify each institution of higher edu-24 cation of the amounts and due dates of each 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 131 •HR 6951 IH annual risk-sharing payment calculated under 1 paragraph (3) for each student cohort of the in-2 stitution within 30 days of calculating such 3 amounts; and 4 ‘‘(B) require the institution to remit such 5 payments within 90 days of such notification. 6 ‘‘(5) P ENALTY FOR LATE PAYMENTS .— 7 ‘‘(A) T HREE-MONTH DELINQUENCY .—If 8 an institution fails to remit to the Secretary a 9 risk-sharing payment for a student cohort as 10 required under this subsection within 90 days 11 of receiving notification from the Secretary in 12 accordance with paragraph (4), the institution 13 shall pay to the Secretary, in addition to such 14 risk-sharing payment, interest on such pay-15 ment, at a rate that is the average rate applica-16 ble to the loans in such student cohort. 17 ‘‘(B) T WELVE-MONTH DELINQUENCY .—If 18 an institution fails to remit to the Secretary a 19 risk-sharing payment for a student cohort as 20 required under this subsection, plus interest 21 owed in under subparagraph (A), within 12 22 months of receiving notification from the Sec-23 retary in accordance with paragraph (4), the in-24 stitution shall be ineligible to make direct loans 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 132 •HR 6951 IH to any student enrolled in the program of study 1 for which the institution has failed to make the 2 risk-sharing payments until such payment is 3 made. 4 ‘‘(C) E IGHTEEN-MONTH DELINQUENCY .— 5 If an institution fails to remit to the Secretary 6 a risk-sharing payment for a student cohort as 7 required under this subsection, plus interest 8 owed under subparagraph (A), within 18 9 months of receiving notification from the Sec-10 retary in accordance with paragraph (4), the in-11 stitution shall be ineligible to make direct loans 12 or award Federal Pell grants under section 401 13 to any student enrolled in the institution until 14 such payment is made. 15 ‘‘(D) T WO-YEAR DELINQUENCY .—If an in-16 stitution fails to remit to the Secretary a risk- 17 sharing payment for a student cohort as re-18 quired under this subsection, plus interest owed 19 under subparagraph (A), within 2 years of re-20 ceiving notification from the Secretary in ac-21 cordance with paragraph (4), the institution 22 shall be ineligible to participate in any program 23 under this title for a period of not less than 10 24 years. 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 133 •HR 6951 IH ‘‘(6) RELIEF FOR VOLUNTARY CESSATION OF 1 FEDERAL DIRECT LOANS FOR A PROGRAM OF 2 STUDY.—The Secretary shall, upon the request of an 3 institution that voluntarily ceases to make Federal 4 direct loans to students enrolled in a specific pro-5 gram of study, reduce the amount of the annual 6 risk-sharing payment owed by the institution for 7 each student cohort associated with such program by 8 50 percent if the institution assures the Secretary 9 that the institution will not make Federal direct 10 loans to any student enrolled in such program of 11 study (or any substantially similar program of 12 study) for a period of not less than 10 award years, 13 beginning with the first award year that begins after 14 the date on which the Secretary reduces such risk- 15 sharing payment. 16 ‘‘(7) R ESERVATION OF FUNDS FOR PROMISE 17 GRANTS.—Notwithstanding any other provision of 18 law, the Secretary shall reserve the funds remitted 19 to the Secretary as risk-sharing payments in accord-20 ance with this subsection, and such funds shall be 21 made available to the Secretary only for the purpose 22 of awarding PROMISE grants in accordance with 23 subpart 4 of part A of this title.’’. 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 134 •HR 6951 IH SEC. 302. REGULATORY RELIEF. 1 (a) 90/10.— 2 (1) R EGULATION REPEALED .—Section 668.28 3 of title 34, Code of Federal Regulations (relating to 4 the 90/10 rule), as added or amended by the final 5 regulations published by the Department of Edu-6 cation in the Federal Register on October 28, 2022 7 (87 Fed. Reg. 65426 et seq.), is repealed and will 8 have no force or effect. 9 (2) A MENDMENTS.—Section 487 of the Higher 10 Education Act of 1965 (20 U.S.C. 1094) is amend-11 ed— 12 (A) in subsection (a), by striking para-13 graph (24); 14 (B) by striking subsection (d); and 15 (C) by redesignating subsections (e) 16 through (j) as subsections (d) through (i), re-17 spectively. 18 (b) F INANCIALVALUETRANSPARENCY AND GAIN-19 FULEMPLOYMENT.— 20 (1) R EGULATION REPEALED .—Sections 600.10, 21 600.21, 668.2, 668.13, 668.43, 668.91, 668.402 22 through 668.409 (excluding section 668.408), and 23 668.601 through 668.606 of title 34, Code of Fed-24 eral Regulations (relating to financial value trans-25 parency and gainful employment), as added or 26 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 135 •HR 6951 IH amended by the final regulations published by the 1 Department of Education in the Federal Register on 2 October 10, 2023 (88 FR 70004 et seq.), are re-3 pealed and will have no force or effect. 4 (2) P ROHIBITION.—The Secretary of Education 5 shall not, on or after the date of enactment of this 6 Act, promulgate or enforce any regulation or rule 7 with respect to the definition or application of the 8 term ‘‘gainful employment’’ for any purpose under 9 the Higher Education Act of 1965 (20 U.S.C. 1001 10 et seq.). 11 (c) C HANGES INOWNERSHIP.— 12 (1) R EGULATION REPEALED .—Sections 600.2, 13 600.4, 600.20, 600.21, and 600.31 of title 34, Code 14 of Federal Regulations (relating to changes in own-15 ership), as added or amended by the final regula-16 tions published by the Department of Education in 17 the Federal Register on October 28, 2022 (87 Fed. 18 Reg. 65426 et seq.), are repealed and will have no 19 force or effect. 20 (2) A MENDMENTS.—Section 498(i) of the 21 Higher Education Act of 1965 (20 U.S.C. 1099c(i)) 22 is amended— 23 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 136 •HR 6951 IH (A) in the subsection heading, by inserting 1 ‘‘ ANDPROPOSEDCHANGES OF OWNERSHIP’’ 2 after ‘‘O WNERSHIP’’; 3 (B) in paragraph (1)— 4 (i) by striking ‘‘(1) An eligible institu-5 tion’’, and inserting the following: ‘‘(1)(A) 6 An eligible institution’’; 7 (ii) by striking ‘‘the requirements of 8 section 102 (other than the requirements 9 in subsections (b)(5) and (c)(3))’’ and in-10 serting ‘‘the applicable requirements of 11 section 102 or 103(13)’’; and 12 (iii) by adding at the end the fol-13 lowing: 14 ‘‘(B)(i) Prior to a change in ownership re-15 sulting in a change of control, an institution 16 may seek a pretransaction determination about 17 whether the institution will meet the applicable 18 requirements of section 102 or 103(13) and 19 this section after such proposed change in own-20 ership by submitting to the Secretary a materi-21 ally complete pretransaction review application. 22 ‘‘(ii) In reviewing applications submitted 23 under clause (i), the Secretary shall only pro-24 vide a comprehensive review of each such appli-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 137 •HR 6951 IH cation, and may not provide an abbreviated or 1 partial review. 2 ‘‘(iii) If an institution submits a materially 3 complete pretransaction review application at 4 least 90 days prior to the transaction and the 5 Secretary approves the application, the subse-6 quent change in ownership application shall also 7 be approved and the institution shall be cer-8 tified as meeting the requirements for such 9 transaction, provided that the institution— 10 ‘‘(I) complies with the applicable 11 terms of this section; and 12 ‘‘(II) the transaction resulting in a 13 change of control does not differ materially 14 in its terms from the transaction proposed 15 in the pretransaction review application.’’; 16 (C) in paragraph (2)— 17 (i) in subparagraph (E), by striking 18 ‘‘or’’ at the end; 19 (ii) in subparagraph (F), by striking 20 the period at the end and inserting ‘‘; or’’; 21 and 22 (iii) by adding the following at the 23 end: 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 138 •HR 6951 IH ‘‘(G) in the case of a proprietary institution of 1 higher education, a conversion to a public or other 2 nonprofit institution of higher education.’’; 3 (D) by adding at the end the following: 4 ‘‘(5)(A) Subject to subparagraph (B), when any insti-5 tution submits an application for a change in ownership 6 resulting in a change in control under this section or sub-7 mits a pretransaction review application under paragraph 8 (1)(B) (other than in the case of a conversion trans-9 action), the institution shall be required to pay to the Sec-10 retary an administrative fee that shall— 11 ‘‘(i) be in an amount equal to 0.15 percent of 12 the total institutional revenue derived from this title 13 by such institution for the most fiscal year for which 14 data is available; and 15 ‘‘(ii) be used exclusively for expenses related to 16 the processing of such application, and be available 17 to the Secretary without further appropriation, ex-18 clusively for expenses related to the processing of 19 such approval or application. 20 ‘‘(B) In the case of a proprietary institution submit-21 ting an application for conversion, or a pretransaction re-22 view application for conversion, the institution shall be re-23 quired to pay to the Secretary an administrative fee that 24 shall— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 139 •HR 6951 IH ‘‘(i) be in an amount equal to 0.30 percent of 1 the total institutional revenue derived from this title 2 by such institution for the most fiscal year for which 3 data is available; and 4 ‘‘(ii) be used exclusively for expenses related to 5 the processing of such application, and of which— 6 ‘‘(I) 50 percent shall be available to the 7 Secretary without further appropriation, exclu-8 sively for expenses related to the processing of 9 such application; and 10 ‘‘(II) 50 percent shall be remitted by the 11 Secretary to the Commissioner of the Internal 12 Revenue, and shall be available, without further 13 appropriation, to the Commissioner of Internal 14 Revenue exclusively for purposes of determining 15 whether the institution seeking such conversion 16 or pretransaction review is an institution ex-17 empt from tax and is otherwise in compliance 18 with applicable requirements of the Internal 19 Revenue Code of 1986. 20 ‘‘(C) An institution that pays a fee under subpara-21 graph (A) or (B) for a pretransaction application with re-22 spect to a proposed transaction shall not be required to 23 pay another fee under such subparagraph for a change 24 in ownership application with respect to such transaction. 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 140 •HR 6951 IH ‘‘(D) In no case may any fee remitted under subpara-1 graph (A) or (B) exceed $120,000 for any transaction (or 2 pretransaction) application, nor may the Secretary require 3 an institution that has paid a fee under subparagraph (B) 4 to pay an additional fee under subparagraph (A). 5 ‘‘(6)(A) The Secretary shall approve or deny a mate-6 rially complete application (including pretransaction re-7 views and conversion applications) submitted under this 8 section as soon as practicable and not later than the 90- 9 day period beginning on the date of receipt of such an 10 application, except that in a case in which the Secretary 11 determines, on a nondelegable basis, that good cause exists 12 to not make the determination during such 90-day period, 13 the Secretary shall notify the institution in writing detail-14 ing the reasons for a good cause extension. 15 ‘‘(B) If the Secretary fails to approve or deny a mate-16 rially complete application during the period described in 17 subparagraph (A) and does not find good cause for exten-18 sion, the materially complete application shall be deemed 19 approved. 20 ‘‘(C) In no case may the Secretary grant a good cause 21 extension under this section to an institution for more 22 than one month at a time, or for a total of more than 23 more than 12 months. 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 141 •HR 6951 IH ‘‘(D) To ensure timely submission of all relevant doc-1 umentation, the Secretary may deny an application if an 2 institution does not make a good faith effort to submit 3 to the Secretary, in a timely manner— 4 ‘‘(i) all relevant documentation; or 5 ‘‘(ii) a materially complete application. 6 ‘‘(E)(i) Upon approving or denying an application 7 under this paragraph, the Secretary shall publish in the 8 Federal Register the reasoning for such approval or de-9 nial, including— 10 ‘‘(I) a copy of the approval or denial letter sent 11 to the institution; and 12 ‘‘(II) any analysis regarding how the Secretary 13 determined under paragraph 7(A)(iii) that a director 14 of the institution was an interested or disinterested 15 party to the transaction. 16 ‘‘(ii) The Secretary shall not publish under clause (i) 17 any information that is otherwise exempt from disclosure 18 under section 552 of title 5, United States Code (relating 19 to the Freedom of Information Act), including trade se-20 crets and commercial or financial information that is privi-21 leged or confidential. 22 ‘‘(7)(A) In the case of a proprietary institution that 23 subsequent to the transaction would be owned and oper-24 ated by an entity (in this paragraph referred to as the 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 142 •HR 6951 IH ‘buyer’) seeking to be recognized as a public or other non-1 profit institution, the buyer shall meet the definition of 2 a nonprofit institution under section 103(13) if— 3 ‘‘(i) the buyer pays no more than fair market 4 value for any assets of the proprietary institution; 5 ‘‘(ii) the buyer pays no more than fair market 6 value for any service or lease contracts, including 7 such service and lease contracts provided by the en-8 tity selling the proprietary institution; and 9 ‘‘(iii) to prevent self-dealing in the case where 10 one or more individuals with a substantial ownership 11 or controlling interests in the proprietary institution 12 will also have substantial or controlling interests in 13 the institution seeking to be recognized as a public 14 or other nonprofit institution (meaning that one or 15 more individuals are on both sides of the trans-16 action), the change of control transaction, and any 17 substantial asset acquisition, service, or lease agree-18 ments with the proprietary institution shall be ap-19 proved by a disinterested committee of directors of 20 the entity that seeks to be recognized as a public or 21 other nonprofit institution. 22 ‘‘(B) For the purposes of this paragraph, parties to 23 the transaction are entitled to a rebuttable presumption 24 that the assets, lease contracts, and service contracts that 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 143 •HR 6951 IH are part of the transaction are purchased at fair market 1 value if— 2 ‘‘(i) the acquiring entity pays no more than fair 3 market value for such assets, lease contracts, or 4 service contracts; and 5 ‘‘(ii) the value of the assets, lease contracts, or 6 service contracts are evaluated by at least one inde-7 pendent third-party entity hired by parties on both 8 sides of the transaction. 9 ‘‘(8)(A) An institution that has been approved for 10 conversion by the Secretary shall be subject to a moni-11 toring period for a 5-year period beginning on the day 12 after the date of such approval. In conducting the moni-13 toring of the institution under this paragraph, the Sec-14 retary— 15 ‘‘(i) shall only conduct monitoring to ensure 16 that the institution is in compliance with the re-17 quirements of section 103(13) and paragraph (7) of 18 this subsection; and 19 ‘‘(ii) may require the institution to submit reg-20 ular reports or conduct audits of such institution re-21 lating to such compliance. 22 ‘‘(B) Each institution that is subject to the moni-23 toring period under this paragraph shall remit an annual 24 fee to the Secretary— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 144 •HR 6951 IH ‘‘(i) in an amount equal to 0.15 percent of the 1 total revenue derived from this title by such institu-2 tion for the most recent fiscal year for which data 3 is available; and 4 ‘‘(ii) that shall be exclusively for expenses re-5 lated to monitoring of the institution for the period 6 described in subparagraph (A)— 7 ‘‘(I) of which 50 percent shall be used by 8 the Secretary, without further appropriation, 9 exclusively for expenses related to monitoring of 10 the institution during such period; and 11 ‘‘(II) of which 50 percent shall be remitted 12 by the Secretary to the Commissioner of Inter-13 nal Revenue, to be available to such Commis-14 sioner, without further appropriation, exclu-15 sively for monitoring compliance with the Inter-16 nal Revenue Code of such institution during 17 such period. 18 ‘‘(C) An institution may not be subject to an annual 19 fee under subparagraph (B) for monitoring related to a 20 conversion that exceeds $60,000. 21 ‘‘(D) If the Secretary determines that an institution 22 should be subject to the monitoring under this paragraph 23 beyond the 5-year period described in subparagraph (A), 24 the Secretary shall provide the reasons justifying an exten-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 145 •HR 6951 IH sion in writing to the institution (and in the Federal Reg-1 ister) at least 30 days before the expiration of such period. 2 ‘‘(E) Any institution that is subject to monitoring 3 under this paragraph may seek a waiver to be exempt from 4 such monitoring (including the annual fee under subpara-5 graph (B)) on an annual basis for any year during the 6 monitoring period and the Secretary shall grant such waiv-7 er if there is no ongoing contractual or financial relation-8 ship between the institution and the former entity or indi-9 viduals that previously owned the institution. The Sec-10 retary may grant a waiver for more than 1 year in the 11 case where the entity that formerly owned the proprietary 12 institution has closed or no longer exists and the Secretary 13 determines the institution is not at risk of violating the 14 requirements of section 103(13) or paragraph (7) of this 15 subsection. 16 ‘‘(9) Any institution that submits an application for 17 conversion shall not promote or market itself, in any man-18 ner, as a public or other nonprofit institution of higher 19 education unless— 20 ‘‘(A) the Secretary has provided final approval 21 of the conversion of the institution to a public or 22 other nonprofit institution of higher education under 23 this section; 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 146 •HR 6951 IH ‘‘(B) an accrediting agency or association recog-1 nized by the Secretary pursuant to section 496 has 2 approved such public or nonprofit status of the insti-3 tution; 4 ‘‘(C) the State has given final approval to the 5 institution as a public or nonprofit institution of 6 higher education, as applicable; and 7 ‘‘(D) in the case of an institution seeking non-8 profit status, the Commissioner of Internal Revenue 9 has approved the institution as tax exempt pursuant 10 to the Internal Revenue Code of 1986. 11 ‘‘(10) Not later than 270 days after the date of enact-12 ment of the College Cost Reduction Act, and periodically 13 thereafter, the Secretary shall publish (and update as nec-14 essary) in the Federal Register— 15 ‘‘(A) descriptions of the documents and mate-16 rials the Secretary expects or requires institutions of 17 higher education to submit (including any standard-18 ized forms) as part of any pretransaction application 19 or change in ownership application under this sec-20 tion, including a description of what the Secretary 21 considers to be a materially complete application; 22 and 23 ‘‘(B) after at least a 30-day notice and com-24 ment period, responses to any public comments re-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 147 •HR 6951 IH ceived with respect to such descriptions or updates 1 to such descriptions. 2 ‘‘(11) In a case in which the Secretary requests a doc-3 ument under this section as part of a pretransaction or 4 change in ownership application that is not described in 5 the Federal Register under paragraph (10), the Secretary 6 shall— 7 ‘‘(A) substantiate, in writing to the institution, 8 the reasons why the Secretary is requesting such 9 documents; and 10 ‘‘(B) publish such reasons in the Federal Reg-11 ister, including whether the Secretary may request 12 other institutions that submit applications under this 13 section to produce similar documentation. 14 ‘‘(12)(A) Not later than 18 months after the date of 15 enactment of the College Cost Reduction Act, and annu-16 ally thereafter, the Secretary shall submit a report to au-17 thorizing committees, and post such report on a publicly 18 available website regarding implementation of the amend-19 ments made to this section by such Act, including the fol-20 lowing information: 21 ‘‘(i) The mean and median length of time taken 22 by the Secretary to review applications under this 23 section during the preceding 12-month period. 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 148 •HR 6951 IH ‘‘(ii) The number of applications approved or 1 denied during the preceding 12-month period. 2 ‘‘(iii) For any application not processed during 3 the 90-day period beginning on the date of receipt 4 of the application for which the Secretary found 5 good cause under paragraph (6)(A) to extend the 6 deadline in which the application shall be processed, 7 a copy of the letter sent to the institution explaining 8 why the Secretary believed good cause existed for 9 such extension. 10 ‘‘(iv) For any application not processed during 11 such 90-day period, which was deemed to be auto-12 matically approved by the requirements of this sec-13 tion under paragraph (6)(B), the name of each insti-14 tution involved and an explanation for why the appli-15 cation was not processed in a timely manner. 16 ‘‘(v) Any legislative suggestions the Secretary 17 may have to improve the application or monitoring 18 process under this section. 19 ‘‘(B) If the Secretary fails to submit a report under 20 this paragraph by not later than 90 days after the dead-21 line for such submission under subparagraph (A), the Sec-22 retary may not, for the 12-month period following such 23 failure, spend the fees remitted by institutions under this 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 149 •HR 6951 IH section or remit such fees to the Commissioner unless 1 Congress provides for such use by further appropriation. 2 ‘‘(13) For the purposes of this subsection, the term 3 ‘conversion’ means any transaction under which— 4 ‘‘(A) a proprietary institution is reorganized 5 and seeks recognition as a public or other nonprofit 6 institution; or 7 ‘‘(B) the control of a proprietary institution is 8 transferred as a result of a sale, donation, or other 9 method to an entity that seeks certification under 10 this section as a public or other nonprofit institu-11 tion.’’. 12 (3) A PPLICATION.—The amendments made by 13 this section shall be apply with respect to applica-14 tions submitted for change of control or conversion 15 submitted on or after January 1, 2023. 16 (4) R EPORT.— Not later than 5 years after the 17 date of enactment of this Act, the Comptroller Gen-18 eral shall submit to the Committee on Education 19 and the Workforce of the House of Representatives 20 and the Committee on Health, Education, Labor, 21 and Pensions of the Senate, a report on the imple-22 mentation of the amendments made by this sub-23 section, including recommendations to improve— 24 VerDate Sep 11 2014 19:35 Jan 29, 2024 Jkt 039200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 150 •HR 6951 IH (A) the application process under section 1 498(i) of the Higher Education Act of 1965 (20 2 U.S.C. 1099c(i)), as amended by paragraph (2), 3 for institutions of higher education seeking a 4 change in ownership resulting in a change in 5 control; or 6 (B) the monitoring process under such sec-7 tion for institutions of higher education that 8 have recently converted from being recognized 9 as a proprietary institution to a public or other 10 nonprofit institution. 11 (d) F INANCIALRESPONSIBILITY.— 12 (1) R EGULATION REPEALED .—Sections 668.15, 13 668.23, 668.171, and 668.174 through 668.177 of 14 title 34, Code of Federal Regulations (relating to fi-15 nancial responsibility), as added or amended by the 16 final regulations published by the Department of 17 Education in the Federal Register on October 31, 18 2023 (87 Fed. Reg. 74568 et seq.), are repealed and 19 will have no force or effect. 20 (2) A MENDMENTS.—Section 498(c) of the 21 Higher Education Act of 1965 (20 6 U.S.C. 22 1099c(c)) is amended— 23 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 151 •HR 6951 IH (A) by redesignating paragraphs (3), (4), 1 (5), and (6) as paragraphs (4), (5), (6), and 2 (7), respectively; 3 (B) in paragraph (2)— 4 (i) by striking ‘‘paragraph (1), if’’ and 5 inserting ‘‘paragraph (1), the Secretary 6 shall prescribe criteria regarding ratios 7 that aid in the determination financial re-8 sponsibility. Such ratios shall be first 9 issued in draft form to the institution to 10 allow for adequate review, consisting of an 11 appeals process, by such institutions of 12 higher education. If’’; and 13 (ii) by striking ‘‘prescribed by the 14 Secretary regarding ratios’’ and inserting 15 ‘‘prescribed by the Secretary regarding the 16 final ratios’’; 17 (C) by inserting after paragraph (2) the 18 following: 19 ‘‘(3) Notwithstanding paragraph (2), the Secretary 20 shall take into account an institution’s current total finan-21 cial circumstances, including any subsequent change in the 22 institution’s overall fiscal health based on the standards 23 in paragraph (2), when making a determination of its abil-24 ity to meet the standards herein required before any sub-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 152 •HR 6951 IH sequent action is taken under paragraph (4). If an institu-1 tion meets the standards in paragraph (2), the institution 2 shall be seen as financially responsible.’’; 3 (D) in subparagraph (C) of paragraph (4), 4 as so redesignated, by striking ‘‘establishes to 5 the satisfaction of the Secretary, with’’ and in-6 serting ‘‘establishes, with’’; 7 (E) in paragraph (5), as so redesignated— 8 (i) in subparagraph (A), by inserting 9 ‘‘and’’ after the semicolon at the end; 10 (ii) in subparagraph (B), by striking 11 ‘‘; and’’ and inserting a period; and 12 (iii) by striking subparagraph (C); 13 (F) in paragraph (6), as so redesignated, 14 by striking ‘‘(3)(C)’’ and inserting ‘‘(4)(C)’’; 15 and 16 (G) by adding at the end the following new 17 paragraph: 18 ‘‘(8) Not later than 18 months after the date of en-19 actment of the College Cost Reduction Act, the Secretary 20 shall pursue a process to update the ratios regarding fi-21 nancial responsibility as identified in paragraph (2). The 22 Secretary shall report the revised ratios to— 23 ‘‘(A) the Committee on Education and the 24 Workforce of the House of Representatives; and 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 153 •HR 6951 IH ‘‘(B) the Committee on Health, Education, 1 Labor, and Pensions of the Senate.’’. 2 (e) I NCENTIVECOMPENSATION; THIRDPARTY 3 S ERVICER.— 4 (1) A MENDMENTS.—Section 487(a)(20) (20 5 U.S.C. 1094(a)(20)) is amended to read as follows: 6 ‘‘(20) The institution will not provide any com-7 mission, bonus, or other incentive payment based di-8 rectly or indirectly on success in securing enroll-9 ments or financial aid to any persons or entities en-10 gaged in any student recruiting or admission activi-11 ties, or in making decisions regarding the award of 12 student financial assistance, except that this para-13 graph shall not apply— 14 ‘‘(A) to the recruitment of foreign students 15 residing in foreign countries who are not eligi-16 ble to receive Federal student assistance; or 17 ‘‘(B) to a third party where— 18 ‘‘(i) the third party is providing the 19 institution recruiting or admissions activi-20 ties as part of a larger bundle of services 21 not covered by this paragraph and which 22 may include marketing or advertising ac-23 tivities that broadly disseminate or dis-24 tribute widely available information; 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 154 •HR 6951 IH ‘‘(ii) the third party does not provide 1 any commission, bonus, or other incentive- 2 based payments to its employees or sub-3 contractors who are providing services to 4 the institution covered in this paragraph; 5 and 6 ‘‘(iii) the third party is not awarding 7 or disbursing Federal financial aid 8 awards.’’. 9 (2) D EFINITION.—Section 481(c) (20 U.S.C. 10 1088(c)) is amended to read as follows: 11 ‘‘(c) T HIRDPARTYSERVICER.— 12 ‘‘(1) For purposes of this title, the term ‘third 13 party servicer’— 14 ‘‘(A) means any individual, any State, or 15 any private, for-profit or nonprofit organization, 16 which enters into a contract with— 17 ‘‘(i) any eligible institution of higher 18 education to administer, through either 19 manual or automated processing, any as-20 pect of such institution’s student assist-21 ance programs under this title; or 22 ‘‘(ii) any guaranty agency, or any eli-23 gible lender, to administer, through either 24 manual or automated processing, any as-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 155 •HR 6951 IH pect of such guaranty agency’s or lender’s 1 student loan programs under part B of 2 this title, including originating, guaran-3 teeing, monitoring, processing, servicing, or 4 collecting loans; and 5 ‘‘(B) does not include any individual, any 6 State, or any private, for-profit or nonprofit or-7 ganization, which conducts activities or inter-8 acts with prospective or enrolled students for 9 the purposes of— 10 ‘‘(i) marketing or recruiting, such as 11 soliciting potential enrollments through the 12 dissemination of information and adver-13 tising; 14 ‘‘(ii) assisting with the completion of 15 applications for enrollment, such as screen-16 ing pre-enrollment information and offer-17 ing admission counseling; 18 ‘‘(iii) administering ability-to-benefit 19 tests or establishing any aspect of an eligi-20 ble career pathway program; 21 ‘‘(iv) conducting activities for the re-22 tention of students, such as monitoring 23 academic engagement and conducting out-24 reach to student regarding attendance; and 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 156 •HR 6951 IH ‘‘(v) providing instructional content, 1 such as evaluating course completion, de-2 livering mandatory tutoring, assessing stu-3 dent learning, including through electronic 4 means, or developing curricula or course 5 materials. 6 ‘‘(2) The Secretary shall not regulate on the 7 definition of a ‘third party servicer’.’’. 8 (f) O THERREPEALS.—The following regulations (in-9 cluding any supplement or revision to such regulations) 10 are repealed and shall have no legal effect: 11 (1) C LOSED SCHOOL DISCHARGES .—Sections 12 674.33(g), 682.402(d), and 685.214 of title 34, 13 Code of Federal Regulations (relating to closed 14 school discharges), as added or amended by the final 15 regulations published by the Department of Edu-16 cation in the Federal Register on November 1, 2022 17 (87 Fed. Reg. 65904 et seq.). 18 (2) B ORROWER DEFENSE TO REPAYMENT .— 19 Section 685.401 of title 34, Code of Federal Regula-20 tions (relating to borrower defense to repayment), as 21 added or amended by the final regulations published 22 by the Department of Education in the Federal Reg-23 ister on November 1, 2022 (87 Fed. Reg. 65904 et 24 seq.). 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 157 •HR 6951 IH (3) PRE-DISPUTE ARBITRATION .—Sections 1 668.41, 685.300, and 685.304 of title 34, Code of 2 Federal Regulations (relating to pre-dispute arbitra-3 tion), as added or amended by the final regulations 4 published by the Department of Education in the 5 Federal Register on November 1, 2022 (87 Fed. 6 Reg. 65904 et seq.). 7 (4) F ALSE CERTIFICATION .—Sections 8 682.402(e), 685.215(c), and 685.215(d) of title 34, 9 Code of Federal Regulations (relating to false cer-10 tification), as added or amended by the final regula-11 tions published by the Department of Education in 12 the Federal Register on November 1, 2022 (87 Fed. 13 Reg. 65904 et seq.). 14 (5) A DMINISTRATIVE CAPABILITY .—Sections 15 668.16 of title 34, Code of Federal Regulations (re-16 lating to administrative capability), as added or 17 amended by the final regulations published by the 18 Department of Education in the Federal Register on 19 October 31, 2023 (87 Fed. Reg. 74568 et seq.). 20 (6) C ERTIFICATION PROCEDURES .—Sections 21 668.13, 668.14, and 668.43 of title 34, Code of Fed-22 eral Regulations (relating to certification proce-23 dures) as added or amended by the final regulations 24 published by the Department of Education in the 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 158 •HR 6951 IH Federal Register on October 31, 2023 (87 Fed. Reg. 1 74568 et seq.). 2 (7) A BILITY TO BENEFIT .—Sections 668.2, 3 668.32, 668.156, and 668.157 of title 34, Code of 4 Federal Regulations (relating to ability to benefit) as 5 added or amended by the final regulations published 6 by the Department of Education in the Federal Reg-7 ister on October 31, 2023 (87 Fed. Reg. 74568 et 8 seq.). 9 (8) P ERSONAL LIABILITY.—The electronic an-10 nouncement titled ‘‘Establishing Personal Liability 11 Requirements for Financial Losses Related to the 12 Title IV Programs’’ (GENERAL–23–11, published 13 on March 1, 2023). 14 (g) E FFECT OFREPEAL.—Any regulations repealed 15 by subsections (c) through (e) that were in effect on June 16 30, 2023, are restored and revived as if the repeal of such 17 regulations under such subsections had not taken effect. 18 (h) P ROHIBITION.—The Secretary of Education may 19 not implement any rule, regulation, policy, or executive ac-20 tion specified in this section (or a substantially similar 21 rule, regulation, policy, or executive action) unless author-22 ity for such implementation is explicitly provided in an Act 23 of Congress. 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 159 •HR 6951 IH (i) PROGRAMREVIEW ANDDATA.—Section 498A (20 1 U.S.C. 1099c–1) is amended by adding at the end the fol-2 lowing: 3 ‘‘(f) T IMELIMIT ONPROGRAMREVIEWACTIVI-4 TIES.—In conducting, responding to, and concluding pro-5 gram review activities, the Secretary shall— 6 ‘‘(1) provide to the institution the initial report 7 finding not later than 90 days after concluding an 8 initial site visit; 9 ‘‘(2) upon each receipt of an institution’s re-10 sponse during a program review inquiry, respond in 11 a substantive manner within 90 days; 12 ‘‘(3) upon each receipt of an institution’s writ-13 ten response to a draft final program review report, 14 provide the final program review report and accom-15 panying enforcement actions, if any, within 90 days; 16 and 17 ‘‘(4) conclude the entire program review process 18 not later than 2 years after the initiation of a pro-19 gram review, unless the Secretary determines that 20 such a review is sufficiently complex and cannot rea-21 sonably be concluded before the expiration of such 2- 22 year period, in which case the Secretary shall 23 promptly notify the institution of the reasons for 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 160 •HR 6951 IH such delay and provide an anticipated date for con-1 clusion of the review.’’. 2 SEC. 303. LIMITATION ON AUTHORITY OF SECRETARY TO 3 PROPOSE OR ISSUE REGULATIONS AND EX-4 ECUTIVE ACTIONS. 5 Part G of title IV of the Higher Education Act of 6 1965 (20 U.S.C. 1088 et seq.) is amended by inserting 7 after section 492 the following: 8 ‘‘SEC. 492A. LIMITATION ON AUTHORITY OF THE SEC-9 RETARY TO PROPOSE OR ISSUE REGULA-10 TIONS AND EXECUTIVE ACTIONS. 11 ‘‘(a) D RAFTREGULATIONS.—Beginning after the 12 date of enactment of this section, a draft regulation imple-13 menting this title (as described in section 492(b)(1)) that 14 is determined by the Secretary to be economically signifi-15 cant shall be subject to the following requirements (re-16 gardless of whether negotiated rulemaking occurs): 17 ‘‘(1) The Secretary shall determine whether the 18 draft regulation, if implemented, would result in an 19 increase in a subsidy cost. 20 ‘‘(2) If the Secretary determines under para-21 graph (1) that the draft regulation would result in 22 an increase in a subsidy cost, then the Secretary 23 may take no further action with respect to such reg-24 ulation. 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 161 •HR 6951 IH ‘‘(b) PROPOSED ORFINALREGULATIONS ANDEXEC-1 UTIVEACTIONS.—Beginning after the date of enactment 2 of this section, the Secretary may not issue a proposed 3 rule, final regulation, or executive action implementing 4 this title if the Secretary determines that the rule, regula-5 tion, or executive action— 6 ‘‘(1) is economically significant; and 7 ‘‘(2) would result in an increase in a subsidy 8 cost. 9 ‘‘(c) R ELATIONSHIP TO OTHERREQUIREMENTS.— 10 The analyses required under subsections (a) and (b) shall 11 be in addition to any other cost analysis required under 12 law for a regulation implementing this title, including any 13 cost analysis that may be required pursuant to Executive 14 Order 12866 (58 Fed. Reg. 51735; relating to regulatory 15 planning and review), Executive Order 13563 (76 Fed. 16 Reg. 3821; relating to improving regulation and regu-17 latory review), or any related or successor orders. 18 ‘‘(d) D EFINITION.—In this section, the term ‘eco-19 nomically significant’, when used with respect to a draft, 20 proposed, or final regulation or executive action, means 21 that the regulation or executive action is likely, as deter-22 mined by the Secretary— 23 ‘‘(1) to have an annual effect on the economy 24 of $100,000,000 or more; or 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 162 •HR 6951 IH ‘‘(2) adversely to affect in a material way the 1 economy, a sector of the economy, productivity, com-2 petition, jobs, the environment, public health or safe-3 ty, or State, local, or tribal governments or commu-4 nities.’’. 5 SEC. 304. OFFICE OF FEDERAL STUDENT AID. 6 (a) F EDERALPREEMPTION.—Section 456 (20 U.S.C. 7 1087f) is amended by adding at the end the following: 8 ‘‘(c) F EDERALPREEMPTION.— 9 ‘‘(1) I N GENERAL.—Covered activities shall not 10 be subject to any law or other requirement of any 11 State or political subdivision of a State with respect 12 to— 13 ‘‘(A) disclosure requirements; 14 ‘‘(B) requirements or restrictions on the 15 content, time, quantity, or frequency of commu-16 nications with borrowers, endorsers, or ref-17 erences with respect to such loans; or 18 ‘‘(C) any other requirement relating to the 19 servicing or collection of a loan made under this 20 title. 21 ‘‘(2) C OVERED ACTIVITIES DEFINED .—In this 22 subsection, the term ‘covered activities’ means any 23 of the following activities, as carried out by a quali-24 fied entity: 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 163 •HR 6951 IH ‘‘(A) Origination of a loan made under this 1 title. 2 ‘‘(B) Servicing of a loan made under this 3 title. 4 ‘‘(C) Collection of a loan made under this 5 title. 6 ‘‘(D) Any other activity related to the ac-7 tivities described in subparagraphs (A) through 8 (C).’’. 9 (b) P ROCUREMENT FLEXIBILITY.—Section 142 (20 10 U.S.C. 1018a) is amended— 11 (1) by redesignating subsection (l) as subsection 12 (m); and 13 (2) by inserting after subsection (k) the fol-14 lowing: 15 ‘‘(l) G UIDANCE TOSTUDENTLOANSERVICERS.— 16 ‘‘(1) I N GENERAL.—In notifying a student loan 17 servicer of a final contract modification (as such 18 term is defined in section 2.101 of title 48, Code of 19 Federal Regulations) that instructs such loan 20 servicer to perform a function that is new or dif-21 ferent from a function such servicer performs pursu-22 ant to an existing contract, the PBO shall, not later 23 than 30 days before such contract change takes ef-24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 164 •HR 6951 IH fect, provide such servicers with written guidance in 1 the form of— 2 ‘‘(A) a change order (as such term is de-3 fined in section 2.101 of title 48, Code of Fed-4 eral Regulations); 5 ‘‘(B) a dear colleague letter; or 6 ‘‘(C) an electronic announcement. 7 ‘‘(2) N ON-BINDING DIRECTIVES .—A student 8 loan servicer that is notified of a final contract 9 modification described in paragraph (1) and receives 10 guidance in a form other than a form described in 11 paragraph (1) (including through emails or phone 12 calls) shall not be subject to such contract modifica-13 tion.’’. 14 Subpart 2—Accreditors 15 SEC. 311. ACCREDITING AGENCY RECOGNITION. 16 (a) C RITERIAREQUIRED.—Section 496(a) of the 17 Higher Education Act of 1965 (20 U.S.C. 1099b(a)) is 18 amended— 19 (1) in the matter preceding paragraph (1), in 20 the first sentence, by striking ‘‘or training’’ and in-21 serting ‘‘skills development’’; 22 (2) by amending paragraph (1) to read as fol-23 lows: 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 165 •HR 6951 IH ‘‘(1) the accrediting agency or association 1 (other than an accrediting agency or association de-2 scribed in paragraph (2)(D)) shall be a State or na-3 tional agency or association and shall demonstrate 4 the ability to operate as an institutional or pro-5 grammatic accrediting agency or association within 6 the State or nationally, as appropriate;’’; 7 (3) in paragraph (2)— 8 (A) in subparagraph (A)— 9 (i) in clause (i), by striking ‘‘prin-10 cipal’’; and 11 (ii) in clause (ii), by striking ‘‘its prin-12 cipal’’ and inserting ‘‘a’’; and 13 (B) in subparagraph (C), by inserting ‘‘or’’ 14 at the end; and 15 (C) by adding at the end the following: 16 ‘‘(D) is an entity (such as an industry-spe-17 cific quality assurance entity) that has been— 18 ‘‘(i) determined by a State to be a re-19 liable authority as to the quality of edu-20 cation or skills development offered in such 21 State for the purposes of this Act; and 22 ‘‘(ii) designated (in accordance with 23 subsection (b)(1)) by such State as an ac-24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 166 •HR 6951 IH crediting agency or association with re-1 spect to such State for such purposes;’’; 2 (4) in paragraph (3)— 3 (A) by amending subparagraph (A) to read 4 as follows: 5 ‘‘(A) subparagraph (A), (C), or (D) of 6 paragraph (2), then such agency or association 7 is— 8 ‘‘(i) distinctly incorporated or orga-9 nized; and 10 ‘‘(ii) both administratively and finan-11 cially separate from, and independent of, 12 any related, associated, or affiliated trade 13 association or membership organization, by 14 ensuring that— 15 ‘‘(I) the members of the board or 16 governing body of the accrediting 17 agency or association are not elected 18 or selected by the board or chief exec-19 utive officer (or the representative of 20 such board or officer) of any related, 21 associated, or affiliated trade associa-22 tion or membership organization; 23 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 167 •HR 6951 IH ‘‘(II) among the membership of 1 the board or governing body of the ac-2 crediting agency or association— 3 ‘‘(aa) if such board or body 4 is comprised of 5 or fewer mem-5 bers, there is a minimum of one 6 public member who represents 7 business and who is not a mem-8 ber of any related, associated, or 9 affiliated trade association or 10 membership organization; and 11 ‘‘(bb) if such board or body 12 is comprised of 6 or more mem-13 bers, there is a minimum of 1 14 such public member for every 6 15 members; 16 ‘‘(III) guidelines are established 17 for such members to avoid conflicts of 18 interest, including specific guidelines 19 to ensure that no such member is an 20 employee of any institution accredited 21 by the agency or association or has a 22 financial interest in any such institu-23 tion; 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 168 •HR 6951 IH ‘‘(IV) dues to the accrediting 1 agency or association are paid sepa-2 rately from any dues paid to any re-3 lated, associated, or affiliated trade 4 association or membership organiza-5 tion; and 6 ‘‘(V) the budget of the accred-7 iting agency or association is devel-8 oped, decided, and maintained by the 9 accrediting agency or association with-10 out any review by, consultation with, 11 or approval by any related, associated, 12 or affiliated trade association or mem-13 bership organization;’’; 14 (B) by striking ‘‘or’’ at the end of subpara-15 graph (B); and 16 (C) by striking subparagraph (C); 17 (5) in paragraph (4)— 18 (A) in subparagraph (A)— 19 (i) by inserting ‘‘(in the manner de-20 scribed in subparagraph (B))’’ after ‘‘reli-21 gious missions’’; and 22 (ii) by striking ‘‘and’’ at the end; and 23 (B) by striking subparagraph (B) and in-24 serting the following: 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 169 •HR 6951 IH ‘‘(B) such accrediting agency or associa-1 tion consistently applies and enforces standards 2 that respect the stated religious mission of an 3 institution of higher education by— 4 ‘‘(i) basing decisions regarding accred-5 itation and preaccreditation on the stand-6 ards of accreditation of such agency or as-7 sociation; and 8 ‘‘(ii) not using as a negative factor 9 the institution’s religious mission based 10 policies, decisions, and practices in the 11 areas covered by subparagraphs (B), (C), 12 (D), (E), and (F) of paragraph (5), except 13 that the agency or association may require 14 that the institution’s or a program of 15 study’s curricula include all core compo-16 nents required by the agency or association 17 that are not inconsistent with the institu-18 tion’s religious mission; and 19 ‘‘(C) such agency or association dem-20 onstrates the ability to review, evaluate, and as-21 sess the quality of any instruction delivery 22 model or method such agency or association has 23 or seeks to include within its scope of recogni-24 tion, without giving preference to or differen-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 170 •HR 6951 IH tially treating a particular instruction delivery 1 model or method offered by an institution of 2 higher education or program, except that— 3 ‘‘(i) in a case in which the instruction 4 delivery model allows for the separation of 5 the student from the instructor, the agency 6 or association shall not be required to have 7 separate standards, procedures, or policies 8 for the evaluation of the quality of any in-9 struction delivery model or method in order 10 to meet the requirements of this subpara-11 graph; and 12 ‘‘(ii) in the case in which the instruc-13 tion delivery model allows for the separa-14 tion of the student from the instructor— 15 ‘‘(I) the agency or association re-16 quires the institution to have proc-17 esses through which the institution es-18 tablishes that the student who reg-19 isters in a course or program is the 20 same student who participates in the 21 program (including, to the extent 22 practicable, the testing or other as-23 sessments required under the pro-24 VerDate Sep 11 2014 19:35 Jan 29, 2024 Jkt 039200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 171 •HR 6951 IH gram), completes the program, and 1 receives the academic credit; and 2 ‘‘(II) the agency or association 3 requires that any process used by an 4 institution to comply with the require-5 ment under clause (I) does not in-6 fringe upon student privacy and is im-7 plemented in a manner that is mini-8 mally burdensome to the student;’’; 9 and 10 (6) in paragraph (5)— 11 (A) by amending subparagraph (A) to read 12 as follows: 13 ‘‘(A) success with respect to student 14 achievement outcomes in relation to the institu-15 tion’s mission and to the programs the institu-16 tion offers, or the mission of a specific degree, 17 certificate, or credential program, which may 18 include different standards for different institu-19 tions or programs, and which shall include— 20 ‘‘(i) standards for consideration of the 21 median total price charged to students for 22 a program of study in relation to the me-23 dian value-added earnings of students who 24 completed such program; 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 172 •HR 6951 IH ‘‘(ii) standards for consideration of 1 learning outcomes measures (such as com-2 petency attainment and licensing examina-3 tion passage rates); 4 ‘‘(iii) standards for consideration of 5 labor market outcomes measures (such as 6 employer satisfaction surveys, employ-7 ability measures, earnings gains, employ-8 ment rates, or other similar approaches); 9 and 10 ‘‘(iv) standards for consideration of 11 student success outcomes measures (such 12 as completion rates, retention rates, and 13 loan repayment rates);’’; 14 (B) by amending subparagraph (I) to read 15 as follows: 16 ‘‘(I) record of student complaints received 17 by, or available to, the agency or association, 18 and a process for resolving complaints received 19 by the institution; and’’; and 20 (C) in subparagraph (J), by inserting ‘‘and 21 the median total price charged to students for 22 a program of study in relation to the median 23 value-added earnings of students who completed 24 such program provided by the Secretary’’ after 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 173 •HR 6951 IH ‘‘student loan default rate data provided by the 1 Secretary’’. 2 (b) S ECRETARIALREQUIREMENTS AND AUTHOR-3 ITY.—Subsection (b) of section 496 of the Higher Edu-4 cation Act of 1965 (20 U.S.C. 1099b) is amended to read 5 as follows: 6 ‘‘(b) S ECRETARIALREQUIREMENTS AND AUTHOR-7 ITY.— 8 ‘‘(1) S TATE DESIGNATED ACCREDITING AGEN -9 CY.— 10 ‘‘(A) A PPROVAL OF STATE PLANS .—The 11 Secretary shall— 12 ‘‘(i) approve a State’s designation of 13 an entity as an accrediting agency or asso-14 ciation for the purposes described in sub-15 section (a)(2)(D) for a 5-year period, be-16 ginning not later than 30 days after re-17 ceipt of the plan from such State with re-18 spect to such designation, if such plan in-19 cludes each of the elements listed in sub-20 paragraph (B); 21 ‘‘(ii) submit to the State and the au-22 thorizing committees, and make publicly 23 available the Secretary’s response to the 24 State with respect to such plan, including 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 174 •HR 6951 IH whether the plan includes each of the ele-1 ments listed in subparagraph (B); and 2 ‘‘(iii) if a State’s designation of an en-3 tity as an accrediting agency or association 4 is approved pursuant to this subparagraph, 5 publish in the Federal Register with a 30- 6 day public comment period— 7 ‘‘(I) the plan submitted by such 8 State with respect to such designa-9 tion; and 10 ‘‘(II) the Secretary’s response to 11 such plan. 12 ‘‘(B) R EQUIRED PLAN ELEMENTS .—The 13 required elements of a State plan submitted 14 under subparagraph (A) with respect to the 15 designation of an entity as an accrediting agen-16 cy or association are as follows: 17 ‘‘(i) A description of the process the 18 State used to select the entity for such des-19 ignation. 20 ‘‘(ii) A justification of the State’s de-21 cision to select the entity for such designa-22 tion. 23 ‘‘(iii) A description of any require-24 ments (in addition to the requirements of 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 175 •HR 6951 IH this section), that the State required the 1 entity to comply with as a condition of re-2 ceiving and maintaining such designation. 3 ‘‘(iv) A copy of the standards, policies, 4 and procedures of the entity that the State 5 considered in selecting the entity for such 6 designation. 7 ‘‘(v) The State’s assessment of how 8 the standards for accreditation of the enti-9 ty will be effective in meeting the require-10 ments of subsection (a)(5). 11 ‘‘(vi) Evidence that at least one other 12 State has determined that such entity is a 13 reliable authority as to the quality of edu-14 cation offered for the purposes of this Act. 15 ‘‘(vii) An assurance that the State will 16 comply with the monitoring requirements 17 described in subparagraph (C). 18 ‘‘(C) S TATE MONITORING.— 19 ‘‘(i) I N GENERAL.—A State that has 20 designated an entity as an accrediting 21 agency or association for the purposes de-22 scribed in subsection (a)(2)(D) shall sub-23 mit to the Secretary, and to the State au-24 thorizing entity, as appropriate, a report at 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 176 •HR 6951 IH the end of the 5-year period for which the 1 entity has received such designation, which 2 shall include, with respect to each postsec-3 ondary education program or institution 4 that has been accredited by such entity 5 during such period, and disaggregated by 6 type of credential, certification, or de-7 gree— 8 ‘‘(I) the number and percentage 9 of students who have successfully ob-10 tained a postsecondary education cre-11 dential, certification, or degree offered 12 by such program or institution; and 13 ‘‘(II) the number and percentage 14 of students who were enrolled and did 15 not successfully obtain such a creden-16 tial, certification, or degree within 150 17 percent of the program length. 18 ‘‘(ii) C OUNTING TRANSFER STU -19 DENTS.—For purposes of clause (i)(I), a 20 student shall be counted as obtaining a 21 credential, certification, or degree offered 22 by a program or institution that was ac-23 credited by the entity during the period for 24 which the report under this subparagraph 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 177 •HR 6951 IH is being submitted, if the student obtains 1 such credential, certification, or degree 2 after transferring to another institution 3 during such period. 4 ‘‘(2) A UTHORITY TO PROVIDE AN ACCELER -5 ATED PATH TO RECOGNITION .—With respect to a 6 prospective accrediting agency or association that 7 submits to the Secretary an application for initial 8 recognition under this Act, the Secretary may pro-9 vide such recognition to such agency or association 10 within 2 years after receipt of such application, if 11 such application— 12 ‘‘(A) demonstrates that the agency or asso-13 ciation— 14 ‘‘(i) has at least one year of experi-15 ence in making accreditation or 16 preaccreditation decisions; and 17 ‘‘(ii) has policies in place that meet all 18 the criteria under subsection (a) for rec-19 ognition covering the range of the specific 20 degrees, certificates, institutions, or pro-21 gram of study for which the agency or as-22 sociation seeks such recognition; and 23 ‘‘(B) provides an assurance that if the 24 agency or association receives such recognition, 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 178 •HR 6951 IH the agency or association will submit to the 1 Secretary monitoring reports regarding accredi-2 tation or preaccreditation decisions, as appro-3 priate. 4 ‘‘(3) D EVELOPMENT OF COMMON TERMI -5 NOLOGY.—Not later than 18 months after the date 6 of enactment of the College Cost Reduction Act, the 7 Secretary shall— 8 ‘‘(A) convene a panel of experts to develop 9 common terminology for accrediting agencies or 10 associations to use in making accrediting deci-11 sions with respect to program of study or insti-12 tutions, such as a common understanding of 13 monitoring, warning, show cause, and other rel-14 evant statuses, as appropriate; and 15 ‘‘(B) publish the recommendations for such 16 common terminology in the Federal Register 17 with a 60-day public comment period.’’. 18 (c) O PERATINGPROCEDURESREQUIRED.— 19 (1) O N-SITE INSPECTIONS AND REVIEWS .— 20 Paragraph (1) of section 496(c) (20 U.S.C. 21 1099b(c)) is amended— 22 (A) by inserting ‘‘(which may vary based 23 on institutional risk consistent with policies pro-24 mulgated by the agency or association to deter-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 179 •HR 6951 IH mine such risk and interval frequency as au-1 thorized under subsection (p))’’ after ‘‘inter-2 vals’’; and 3 (B) by striking ‘‘, including those regard-4 ing distance education’’. 5 (2) M ECHANISM TO IDENTIFY INSTITUTIONS 6 AND PROGRAMS EXPERIENCING DIFFICULTIES .— 7 Section 496(c) (20 U.S.C. 1099b(c)) is further 8 amended— 9 (A) by redesignating paragraphs (2) 10 through (9) as paragraphs (3) through (10), re-11 spectively; and 12 (B) by inserting after paragraph (1) the 13 following: 14 ‘‘(2) develops a policy process to identify any 15 institution or program of study accredited by the 16 agency or association that is not meeting the stand-17 ards for accreditation of the agency or association, 18 with a focus on the standards assessing an institu-19 tion’s or program of study’s student achievement 20 outcomes described in subsection (a)(5)(A), and 21 other indicators, which shall include— 22 ‘‘(A) not less than annually, evaluating the 23 extent to which such an identified institution or 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 180 •HR 6951 IH program of study continues to be in compliance 1 with such standards or other indicators; and 2 ‘‘(B) as appropriate, requiring the institu-3 tion or program of study to submit a plan, on 4 an annual basis, to the accrediting agency or 5 association to— 6 ‘‘(i) address and remedy performance 7 issues with respect to such compliance; and 8 ‘‘(ii) ensure that such plan is success-9 fully implemented.’’. 10 (3) P ROCEDURES WITH RESPECT TO SUB -11 STANTIVE CHANGES .—Paragraph (5) of section 12 496(c) (20 U.S.C. 1099b(c)) (as redesignated by 13 paragraph (2)(A)) is amended to read as follows: 14 ‘‘(5) establishes and applies or maintains poli-15 cies, which ensure that any substantive change to 16 the educational mission, program of study, or pro-17 gram of study of an institution after the agency or 18 association has granted the institution accreditation 19 or preaccreditation status does not adversely affect 20 the capacity of the institution to continue to meet 21 the agency’s or association’s standards for such ac-22 creditation or preaccreditation status, which shall in-23 clude policies that— 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 181 •HR 6951 IH ‘‘(A) require the institution to obtain the 1 agency’s or association’s approval of the sub-2 stantive change before the agency or association 3 includes the change in the scope of the institu-4 tion’s accreditation or preaccreditation status; 5 and 6 ‘‘(B) define substantive change to include, 7 at a minimum— 8 ‘‘(i) any change in the established 9 mission or objectives of the institution; 10 ‘‘(ii) any change in the legal status, 11 form of control, or ownership of the insti-12 tution, including the acquisition or addition 13 of any other institution or new location 14 where more than 50 percent of a program 15 is offered; 16 ‘‘(iii) the addition of program of study 17 at a higher credential level from the cre-18 dential level previously accredited by the 19 agency or association; or 20 ‘‘(iv) the entering into a contract 21 under which an institution or organization 22 not certified to participate in programs 23 under this title offers more than 25 per-24 cent but less than 50 percent of the in-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 182 •HR 6951 IH struction of an educational program of the 1 institution with such accreditation or 2 preaccreditation status;’’. 3 (4) P UBLIC AVAILABILITY.—Section 496(c) (20 4 U.S.C. 1099b(c)) is further amended— 5 (A) in paragraph (8) (as redesignated by 6 paragraph (2)(A))— 7 (i) in the matter preceding subpara-8 graph (A), by inserting ‘‘, on the agency’s 9 or association’s website,’’ after ‘‘public’’; 10 and 11 (ii) in subparagraph (C), by inserting 12 before the semicolon at the end the fol-13 lowing: ‘‘, and a summary of why such ac-14 tion was taken or such placement was 15 made’’; 16 (B) in paragraph (9) (as so redesignated), 17 by striking ‘‘and’’ at the end; 18 (C) in paragraph (10)(B) (as so redesig-19 nated), by inserting before the period at the end 20 the following: ‘‘, including an assurance that 21 the institution does not deny a transfer of cred-22 it based solely on the accreditation of the insti-23 tution at which the credit was earned’’; and 24 (D) by adding at the end the following: 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 183 •HR 6951 IH ‘‘(11) such agency or association shall make 1 publicly available, on the agency or association’s 2 website, a list of the institutions of higher education 3 or program of study accredited by such agency or 4 association, which includes, with respect to each 5 such institution or program of study— 6 ‘‘(A) the year accreditation was granted; 7 ‘‘(B) the most recent date of an award of 8 accreditation or reaccreditation; and 9 ‘‘(C) the anticipated date of the institu-10 tion’s next evaluation for reaccreditation.’’. 11 (5) P ROHIBITION ON LITMUS TESTS .—Section 12 496(c) (20 U.S.C. 1099b(c)) is further amended by 13 adding at the end the following: 14 ‘‘(12) confirms that the standards for accredita-15 tion of the agency or association do not— 16 ‘‘(A) except as provided in subparagraph 17 (B)— 18 ‘‘(i) require, encourage, or coerce any 19 institution to— 20 ‘‘(I) support, oppose, or commit 21 to supporting or opposing— 22 ‘‘(aa) a specific partisan, po-23 litical, or ideological viewpoint or 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 184 •HR 6951 IH belief or set of such viewpoints or 1 beliefs; or 2 ‘‘(bb) a specific viewpoint or 3 belief or set of viewpoints or be-4 liefs on social, cultural, or polit-5 ical issues; or 6 ‘‘(II) support or commit to sup-7 porting the disparate treatment of any 8 individual or group of individuals on 9 the basis of any protected class under 10 Federal civil rights law, except as re-11 quired by Federal law or a court 12 order; or 13 ‘‘(ii) assess an institution’s or pro-14 gram of study’s commitment to any ide-15 ology, belief, or viewpoint; 16 ‘‘(B) prohibit an institution— 17 ‘‘(i) from having a religious mission or 18 from requiring an applicant, student, em-19 ployee, or independent contractor (such as 20 an adjunct professor) of such an institu-21 tion to— 22 ‘‘(I) provide or adhere to a state-23 ment of faith; or 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 185 •HR 6951 IH ‘‘(II) adhere to a code of conduct 1 consistent with the stated religious 2 mission of such institution or the reli-3 gious tenets of such organization; or 4 ‘‘(ii) from requiring an applicant, stu-5 dent, employee, or contractor to take an 6 oath to uphold the Constitution of the 7 United States; or 8 ‘‘(C) require, encourage, or coerce an insti-9 tution of higher education to violate any right 10 protected by the Constitution;’’. 11 (6) P ROHIBITION ON ASSESSMENT OF ELECTED 12 OR APPOINTED OFFICIALS .—Section 496(c) (20 13 U.S.C. 1099b(c)) is further amended by adding at 14 the end the following: 15 ‘‘(13) confirms that the standards for accredita-16 tion of the agency or association do not assess the 17 roles (including actions or statements) of elected and 18 appointed State and Federal officials and legislative 19 bodies;’’. 20 (7) P ROHIBITION OF PRACTICES THAT DRIVE 21 CREDENTIAL INFLATION .—Section 496(c) (20 22 U.S.C. 1099b(c)) is further amended by adding at 23 the end the following: 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 186 •HR 6951 IH ‘‘(14) confirms that the standards for accredita-1 tion of the agency or association do not require an 2 institution to develop a program of study leading to 3 a degree, certificate, or recognized postsecondary 4 credential that is not in response to the needs of an 5 industry or occupation.’’. 6 (d) L ENGTH OFRECOGNITION.—Subsection (d) of 7 section 496 (20 U.S.C. 1099b) is amended— 8 (1) by striking ‘‘No accrediting’’ and inserting 9 the following: 10 ‘‘(1) I N GENERAL.—Except as otherwise pro-11 vided in paragraph (2), no accrediting’’; and 12 (2) by adding at the end the following new 13 paragraph: 14 ‘‘(2) L ONGER RECOGNITION AUTHORIZED FOR 15 CERTAIN AGENCIES AND ASSOCIATIONS .—Notwith-16 standing paragraph (1), an accrediting agency or as-17 sociation that has been recognized by the Secretary 18 for the purpose of this Act for a period of 5 years, 19 may be recognized for an additional period of up to 20 3 years, if the Secretary determines, based on the 21 performance of the accrediting agency or association 22 during its recognition period under this Act, that the 23 accrediting agency or association— 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 187 •HR 6951 IH ‘‘(A) has the capability to evaluate the 1 quality of institutions or program of study; and 2 ‘‘(B) has maintained compliance with the 3 criteria for accrediting agencies or associations 4 required by this section.’’. 5 (e) L IMITATION ONSCOPE OFCRITERIA.—Section 6 496 (20 U.S.C. 1099b) is further amended by amending 7 subsection (g) to read as follows: 8 ‘‘(g) L IMITATION ONSCOPE OFCRITERIA.— 9 ‘‘(1) I N GENERAL.—The Secretary shall not es-10 tablish criteria for accrediting agencies or associa-11 tions that are not required by this section. 12 ‘‘(2) I NSTITUTIONAL ELIGIBILITY.—An institu-13 tion of higher education shall be eligible for partici-14 pation in programs under this title if the institution 15 is in compliance with the standards of its accrediting 16 agency or association that assess the institution in 17 accordance with subsection (a)(5), regardless of any 18 additional standards adopted by the agency or asso-19 ciation for purposes unrelated to participation in 20 programs under this title.’’. 21 (f) C HANGE OFACCREDITINGAGENCY.—Section 496 22 (20 U.S.C. 1099b) is further amended by amending sub-23 section (h) to read as follows: 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 188 •HR 6951 IH ‘‘(h) CHANGE OFACCREDITINGAGENCY ORASSOCIA-1 TION.— 2 ‘‘(1) I N GENERAL.—The Secretary shall recog-3 nize the accreditation of any otherwise eligible insti-4 tution or program of study if the institution (or pro-5 gram) is in the process of changing its accrediting 6 agency or association, unless the institution (or pro-7 gram) is subject to one or more covered actions. 8 ‘‘(2) C OVERED ACTION DEFINED .—For pur-9 poses of this subsection, the term ‘covered action’ 10 means one or more of the following, when used with 11 respect to an institution or program of study: 12 ‘‘(A) A pending or final action brought by 13 a State agency to suspend, revoke, withdraw, or 14 terminate the institution’s legal authority to 15 provide postsecondary education in the State. 16 ‘‘(B) A decision by a recognized accred-17 iting agency or association to deny accreditation 18 or preaccreditation to the institution or pro-19 gram of study. 20 ‘‘(C) A pending or final action brought by 21 a recognized accrediting agency or association 22 to suspend, revoke, withdraw, or terminate the 23 institution’s or program of study’s accreditation 24 or preaccreditation. 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 189 •HR 6951 IH ‘‘(D) Probation or an equivalent status im-1 posed on the institution or program of study by 2 a recognized accrediting agency or association. 3 ‘‘(3) I NSTITUTIONS OF HIGHER EDUCATION 4 NOT SUBJECT TO COVERED ACTIONS .—An institu-5 tion (or program of study) that is not subject to a 6 covered action described in paragraph (1) and that 7 desires to change its accrediting agency or associa-8 tion for a reason not related to any such covered ac-9 tion (such as compliance with State law) may make 10 such a change without the approval of the Secretary, 11 as long as the institution (or program) and the new 12 accrediting agency or association of the institution 13 (or program), not later than 30 days after the ac-14 creditation decision by such agency or association, 15 notify the Secretary, in writing, of the effective date 16 of the institution’s (or program’s) accreditation by 17 such agency or association.’’. 18 (g) D UALACCREDITATIONRULE.—Section 496 (20 19 U.S.C. 1099b) is further amended by amending subsection 20 (i) to read as follows: 21 ‘‘(i) D UALACCREDITATIONRULE.— 22 ‘‘(1) R ECOGNITION BY SECRETARY .—The Sec-23 retary shall recognize the accreditation of any other-24 wise eligible institution of higher education if the in-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 190 •HR 6951 IH stitution of higher education is accredited, as an in-1 stitution, by more than one accrediting agency or as-2 sociation. 3 ‘‘(2) D ESIGNATION BY INSTITUTION .—If the in-4 stitution is accredited, as an institution, by more 5 than one accrediting agency or association, the insti-6 tution— 7 ‘‘(A) shall designate which agency’s or as-8 sociation’s accreditation shall be utilized in de-9 termining the institution’s eligibility for partici-10 pation in programs under this Act; and 11 ‘‘(B) may change this designation at the 12 end of the institution’s period of recognition.’’. 13 (h) R ELIGIOUSINSTITUTIONSRULE.—Section 496 14 (20 U.S.C. 1099b) is further amended by amending sub-15 section (k) to read as follows: 16 ‘‘(k) R ELIGIOUSINSTITUTIONRULE.— 17 ‘‘(1) I N GENERAL.—Notwithstanding subsection 18 (j), the Secretary shall allow an institution that has 19 had its accreditation withdrawn, revoked, or other-20 wise terminated, or has voluntarily withdrawn from 21 an accreditation agency, to remain certified as an in-22 stitution of higher education under section 102 and 23 subpart 3 of this part for a period sufficient to allow 24 such institution to obtain alternative accreditation, if 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 191 •HR 6951 IH the Secretary determines that the withdrawal, rev-1 ocation, or termination— 2 ‘‘(A) is related to the religious mission or 3 affiliation of the institution; and 4 ‘‘(B) is not related to the accreditation cri-5 teria provided for in this section. 6 ‘‘(2) A DMINISTRATIVE COMPLAINT FOR FAIL -7 URE TO RESPECT RELIGIOUS MISSION .— 8 ‘‘(A) I N GENERAL.— 9 ‘‘(i) I NSTITUTION.—If an institution 10 of higher education believes that an ad-11 verse action of an accrediting agency or as-12 sociation fails to respect the institution’s 13 religious mission in violation of subsection 14 (a)(4)(B), the institution— 15 ‘‘(I) may file a complaint with 16 the Secretary to review the adverse 17 action of the agency or association; 18 and 19 ‘‘(II) prior to filing such com-20 plaint, shall notify the Secretary and 21 the agency or association of an intent 22 to file such complaint not later than 23 30 days after— 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 192 •HR 6951 IH ‘‘(aa) receiving the adverse 1 action from the agency or asso-2 ciation; or 3 ‘‘(bb) determining that dis-4 cussions with or the processes of 5 the agency or association to rem-6 edy the failure to respect the reli-7 gious mission of the institution 8 will fail to result in the with-9 drawal of the adverse action by 10 the agency or association. 11 ‘‘(ii) A CCREDITING AGENCY OR ASSO -12 CIATION.—Upon notification of an intent 13 to file a complaint and through the dura-14 tion of the complaint process under this 15 paragraph, the Secretary and the accred-16 iting agency or association shall treat the 17 accreditation status of the institution of 18 higher education as if the adverse action 19 for which the institution is filing the com-20 plaint had not been taken. 21 ‘‘(B) C OMPLAINT.—Not later than 45 days 22 after providing notice of the intent to file a 23 complaint, the institution shall file the com-24 plaint with the Secretary (and provide a copy to 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 193 •HR 6951 IH the accrediting agency or association), which 1 shall include— 2 ‘‘(i) a description of the adverse ac-3 tion; 4 ‘‘(ii) how the adverse action fails to 5 respect the institution’s religious mission 6 in violation of subsection (a)(4)(B); and 7 ‘‘(iii) any other information the insti-8 tution determines relevant to the com-9 plaint. 10 ‘‘(C) R ESPONSE.— 11 ‘‘(i) I N GENERAL.—The accrediting 12 agency or association shall have 30 days 13 from the date the complaint is filed with 14 the Secretary to file with the Secretary 15 (and provide a copy to the institution) a 16 response to the complaint, which response 17 shall include— 18 ‘‘(I) how the adverse action is 19 based on a violation of the agency or 20 association’s standards for accredita-21 tion; and 22 ‘‘(II) how the adverse action does 23 not fail to respect the religious mis-24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 194 •HR 6951 IH sion of the institution and is in com-1 pliance with subsection (a)(4)(B). 2 ‘‘(ii) B URDEN OF PROOF.— 3 ‘‘(I) I N GENERAL.—The accred-4 iting agency or association shall bear 5 the burden of proving that the agency 6 or association has not taken the ad-7 verse action as a result of the institu-8 tion’s religious mission, and that the 9 action does not fail to respect the in-10 stitution’s religious mission in viola-11 tion of subsection (a)(4)(B), by show-12 ing that the adverse action does not 13 impact the aspect of the religious mis-14 sion claimed to be affected in the 15 complaint. 16 ‘‘(II) I NSUFFICIENT PROOF .— 17 Any evidence that the adverse action 18 results from the application of a neu-19 tral and generally applicable rule shall 20 be insufficient to prove that the action 21 does not fail to respect an institu-22 tion’s religious mission. 23 ‘‘(D) A DDITIONAL INSTITUTION RE -24 SPONSE.—The institution shall have 30 days 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 195 •HR 6951 IH from the date on which the agency or associa-1 tion’s response is filed with the Secretary to— 2 ‘‘(i) file with the Secretary (and pro-3 vide a copy to the agency or association) a 4 response to any issues raised in the re-5 sponse of the agency or association; or 6 ‘‘(ii) inform the Secretary and the 7 agency or association that the institution 8 elects to waive the right to respond to the 9 response of the agency or association. 10 ‘‘(E) S ECRETARIAL ACTION.— 11 ‘‘(i) I N GENERAL.—Not later than 30 12 days of receipt of the institution’s response 13 under subparagraph (D) or notification 14 that the institution elects not to file a re-15 sponse under such subparagraph— 16 ‘‘(I) the Secretary shall review 17 the materials to determine if the ac-18 crediting agency or association has 19 met its burden of proof under sub-20 paragraph (C)(ii)(I); or 21 ‘‘(II) in a case in which the Sec-22 retary fails to conduct such review— 23 ‘‘(aa) the Secretary shall be 24 deemed as determining that the 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 196 •HR 6951 IH adverse action fails to respect the 1 religious mission of the institu-2 tion; and 3 ‘‘(bb) the accrediting agency 4 or association shall be required to 5 reverse the action immediately 6 and take no further action with 7 respect to such adverse action. 8 ‘‘(ii) R EVIEW OF COMPLAINT .—In re-9 viewing the complaint under clause (i)(I)— 10 ‘‘(I) the Secretary shall consider 11 the institution to be correct in the as-12 sertion that the adverse action fails to 13 respect the institution’s religious mis-14 sion and shall apply the burden of 15 proof described in subparagraph 16 (C)(ii)(I) with respect to the accred-17 iting agency or association; and 18 ‘‘(II) if the Secretary determines 19 that the accrediting agency or associa-20 tion fails to meet such burden of 21 proof— 22 ‘‘(aa) the Secretary shall no-23 tify the institution and the agen-24 cy or association that the agency 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 197 •HR 6951 IH or association is not in compli-1 ance with subsection (a)(4)(B), 2 and that such agency or associa-3 tion shall carry out the require-4 ments of item (bb) to be in com-5 pliance with subsection (a)(4)(B); 6 and 7 ‘‘(bb) the agency or associa-8 tion shall reverse the adverse ac-9 tion immediately and take no fur-10 ther action with respect to such 11 adverse action. 12 ‘‘(iii) F INAL DEPARTMENTAL AC -13 TION.—The Secretary’s determination 14 under this subparagraph shall be the final 15 action of the Department on the complaint. 16 ‘‘(F) R ULE OF CONSTRUCTION .—Nothing 17 in this paragraph shall prohibit— 18 ‘‘(i) an accrediting agency or associa-19 tion from taking an adverse action against 20 an institution of higher education for a 21 failure to comply with the agency or asso-22 ciation’s standards of accreditation as long 23 as such standards are in compliance with 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 198 •HR 6951 IH subsection (a)(4)(B) and any other appli-1 cable requirements of this section; or 2 ‘‘(ii) an institution of higher education 3 from exercising any other rights to address 4 concerns with respect to an accrediting 5 agency or association or the accreditation 6 process of an accrediting agency or asso-7 ciation. 8 ‘‘(G) G UIDANCE.— 9 ‘‘(i) I N GENERAL.—The Secretary 10 may only issue guidance under this para-11 graph that explains or clarifies the process 12 for providing notice of an intent to file a 13 complaint or for filing a complaint under 14 this paragraph. 15 ‘‘(ii) C LARIFICATION.—The Secretary 16 may not issue guidance, or otherwise deter-17 mine or suggest, when discussions to rem-18 edy the failure by an accrediting agency or 19 association to respect the religious mission 20 of an institution of higher education re-21 ferred to in subparagraph (A)(i)(II)(bb) 22 have failed or will fail. 23 ‘‘(3) R ELIGIOUS MISSION DEFINED .—In this 24 Act, the term ‘religious mission’— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 199 •HR 6951 IH ‘‘(A) means a published institutional mis-1 sion that is approved by the governing body of 2 an institution of higher education and that in-3 cludes, refers to, or is predicated upon religious 4 tenets, beliefs, or teachings; and 5 ‘‘(B) may be reflected in any of the institu-6 tion’s policies, decisions, or practices related to 7 such tenets, beliefs, or teachings (including any 8 policies or decisions concerning housing, em-9 ployment, curriculum, self-governance, or stu-10 dent admission, continuing enrollment, or grad-11 uation).’’. 12 (i) I NDEPENDENT EVALUATION.—Section 496(n)(3) 13 (20 U.S.C. 1099b(n)(3)) is amended by striking the last 14 sentence. 15 (j) R EGULATIONS.—Section 496(o) (20 U.S.C. 16 1099b(o)) is amended by inserting before the period at 17 the end the following: ‘‘, or with respect to the policies 18 and procedures of an accreditation agency or association 19 described in paragraph (2) or (5) of subsection (c) or how 20 the agency or association carries out such policies and pro-21 cedures’’. 22 (k) R ISK-BASEDREVIEWPROCESSES OR PROCE-23 DURES; WAIVER.—Section 496 (20 U.S.C. 1099b) is fur-24 ther amended— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 200 •HR 6951 IH (1) by striking subsections (p) and (q); and 1 (2) by adding at the end the following: 2 ‘‘(p) R ISK-BASED OR DIFFERENTIATED REVIEW 3 P ROCESSES ORPROCEDURES.— 4 ‘‘(1) I N GENERAL.—Notwithstanding any other 5 provision of law (including subsection (a)(4)(A)), an 6 accrediting agency or association shall establish risk- 7 based processes or procedures for assessing compli-8 ance with the accrediting agency or association’s 9 standards (including policies related to substantive 10 change and award of accreditation statuses) under 11 which the agency or association— 12 ‘‘(A) creates a system for designating each 13 institution of higher education and program of 14 study that the agency or association evaluates, 15 such as through using peer benchmarking to 16 understand an institution’s or program of 17 study’s performance in comparison with its 18 peers (which may include past performance 19 with respect to meeting the accrediting agency 20 or association’s standards, including the stand-21 ards relating to the student achievement out-22 comes described in subclauses (I) through (IV) 23 of subsection (a)(5)(A)); 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 201 •HR 6951 IH ‘‘(B) requires for each institution and pro-1 gram of study designated as high-risk, in ac-2 cordance with the accrediting agency or associa-3 tion’s system in subparagraph (A), to submit 4 the annual plans described in subsection 5 (c)(2)(B) to the agency or association that ad-6 dress the performance issues of such institution 7 or program of study that resulted in such des-8 ignation; 9 ‘‘(C) with respect to institutions or pro-10 gram of study meeting or exceeding perform-11 ance as described in subparagraph (A), reduces 12 any compliance requirements with the stand-13 ards of accreditation of the agency that are not 14 assessing an institution or program of study 15 under subsection (a)(5), such as on-site inspec-16 tions; and 17 ‘‘(D) may require an institution or pro-18 gram of study that has declining performance 19 (such as an institution or program of study 20 with a high-risk designation under subpara-21 graph (B)), which has not improved as required 22 by the annual plan submitted under subsection 23 (c)(2)(B), to take actions to avoid or minimize 24 the risks that may lead to revocation of accredi-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 202 •HR 6951 IH tation (such as limiting certain program of 1 study enrollment or recommending to the Sec-2 retary to limit funds under this title for such an 3 institution or program). 4 ‘‘(2) P ROHIBITION.—Any risk-based review 5 process or procedure established pursuant to this 6 subsection shall not discriminate against, or other-7 wise preclude, institutions of higher education based 8 on institutional sector or category, including an in-9 stitution of higher education’s tax status.’’. 10 (l) T OTALPRICEDEFINED.—Section 496 (20 U.S.C. 11 1099b) is further amended by adding at the end the fol-12 lowing: 13 ‘‘(q) T OTALPRICEDEFINED.—For purposes of this 14 section, the term ‘total price’ has the meaning given such 15 term in section 454(d)(3).’’. 16 SEC. 312. NATIONAL ADVISORY COMMITTEE ON INSTITU-17 TIONAL QUALITY AND INTEGRITY (NACIQI). 18 Section 114 (20 U.S.C. 1011c) is amended— 19 (1) in subsection (b)— 20 (A) in paragraph (2), by redesignating 21 subparagraphs (A) through (C) as clauses (i) 22 through (iii), respectively, and adjusting the 23 margins accordingly; 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 203 •HR 6951 IH (B) by striking ‘‘Individuals’’ and inserting 1 the following: 2 ‘‘(A) I N GENERAL.—Individuals’’; 3 (C) in clause (ii), as so redesignated, by 4 striking ‘‘and training’’ and inserting ‘‘skills de-5 velopment’’; 6 (D) by adding at the end the following: 7 ‘‘(B) D ISQUALIFICATION.—No individual 8 may be appointed as a member of the Com-9 mittee if such individual has a significant con-10 flict of interest, such as being a current regu-11 lator (such as a State authorizer) that would 12 require the individual to frequently be recused 13 from serving as a member of the Committee.’’; 14 and 15 (E) in paragraph (3), by striking ‘‘Except 16 as provided in paragraph (5), the term’’ and in-17 serting ‘‘The term’’; 18 (2) in subsection (c)— 19 (A) in paragraph (4), by adding ‘‘and’’ at 20 the end; 21 (B) in paragraph (5), by striking ‘‘; and’’ 22 at the end and inserting a period; and 23 (C) by striking paragraph (6); 24 VerDate Sep 11 2014 19:35 Jan 29, 2024 Jkt 039200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 204 •HR 6951 IH (3) in subsection (d)(2), by inserting at the end 1 the following: ‘‘The name of any member of the 2 Committee who has been recused with respect to an 3 agenda item of the meeting shall be included in such 4 agenda.’’; 5 (4) in subsection (e)(2)(D), by striking ‘‘, in-6 cluding any additional functions established by the 7 Secretary through regulation’’; and 8 (5) in subsection (f), by striking ‘‘September 9 30, 2021’’ and inserting ‘‘September 30, 2028’’. 10 SEC. 313. ALTERNATIVE QUALITY ASSURANCE EXPERI-11 MENTAL SITE INITIATIVE. 12 Section 487A of the Higher Education Act of 1965 13 (20 U.S.C. 1094a) is amended— 14 (1) by redesignating subsection (c) as sub-15 section (d); and 16 (2) by inserting after subsection (b) the end the 17 following: 18 ‘‘(c) A LTERNATIVEQUALITYASSURANCEEXPERI-19 MENTALSITEINITIATIVE.— 20 ‘‘(1) E XPERIMENTAL SITE AUTHORIZED .—The 21 Secretary shall select, in accordance with paragraph 22 (4), eligible entities that voluntarily seek to partici-23 pate in an Alternative Quality Assurance experi-24 mental site initiative for a duration of 5 years and 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 205 •HR 6951 IH receive the waivers or other flexibility described in 1 paragraph (5) to evaluate whether the eligible enti-2 ties, during such 5-year period, can maintain high 3 student achievement outcomes while participating in 4 programs under this title without being accredited 5 by an accrediting agency or association recognized 6 under section 496. 7 ‘‘(2) E LIGIBLE ENTITY DEFINED .—For pur-8 poses of this subsection, an eligibility entity means— 9 ‘‘(A) an institution of higher education (as 10 defined in section 102); or 11 ‘‘(B) an educational provider that— 12 ‘‘(i) is not an institution of higher 13 education; 14 ‘‘(ii) does not receive funding under 15 this Act; 16 ‘‘(iii) is not accredited by an accred-17 iting agency or association for the pur-18 poses of this title; and 19 ‘‘(iv) is authorized to operate in the 20 State in which the provider is located. 21 ‘‘(3) A PPLICATION.— 22 ‘‘(A) I N GENERAL.—Each eligible entity 23 desiring to participate in the experimental site 24 initiative under this subsection shall submit an 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 206 •HR 6951 IH application to the Secretary, at such time and 1 in such manner as the Secretary may require, 2 which shall contain the information described in 3 subparagraph (B). The Secretary may not re-4 quire any information in such an application 5 that is not described in subparagraph (B). 6 ‘‘(B) C ONTENTS.—Each application under 7 paragraph (1) shall include— 8 ‘‘(i) a description of which program of 9 study offered at the eligible entity will be 10 included in the experimental site initiative, 11 including— 12 ‘‘(I) in the case of an eligible en-13 tity that is an institution of higher 14 education, an attestation that such 15 program meets the standards of ac-16 creditation of the institution’s accred-17 iting agency or association described 18 in clauses (i) through (iv) of section 19 496(a)(5)(A) (including the standard 20 requiring that the median value-added 21 earnings of students who complete the 22 program are greater than the median 23 total price charged to students for the 24 program); and 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 207 •HR 6951 IH ‘‘(II) in the case of an eligible en-1 tity defined in paragraph (2)(B), doc-2 umentation and verified administra-3 tive data that the program meets 4 standards similar to the standards of 5 accreditation referenced in subclause 6 (I); 7 ‘‘(ii) a justification of the reason why 8 the eligible entity seeks to receive the waiv-9 er described in paragraph (5)(A), including 10 estimates or documentation of the poten-11 tial savings to the entity of receiving such 12 waiver; and 13 ‘‘(iii) a description of how the eligible 14 entity plans to share the financial risk with 15 the Secretary of receiving the waivers de-16 scribed in paragraph (5), such as by— 17 ‘‘(I) providing matching non-Fed-18 eral funds to the Secretary to cover 19 the cost of at least half of the ex-20 pected disbursements under this title 21 to the students that enroll in such 22 program for the first year of the ex-23 periment; 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 208 •HR 6951 IH ‘‘(II) providing a letter of credit 1 to the Secretary to cover the cost de-2 scribed in subclause (I); or 3 ‘‘(III) requesting to be placed on 4 a reimbursement system of payment. 5 ‘‘(4) S ELECTION.—No later than 6 months 6 after the experimental site initiative is announced, 7 the Secretary shall select eligible entities to partici-8 pate in the initiative based on the applications sub-9 mitted under paragraph (3). In making such selec-10 tions, the Secretary— 11 ‘‘(A) shall consider— 12 ‘‘(i) the number and quality of appli-13 cations; 14 ‘‘(ii) each applicant’s ability to effec-15 tively share the financial risk as required 16 under paragraph (3)(B)(iii); and 17 ‘‘(iii) in the case of an applicant that 18 is an institution of higher education, the 19 applicant’s history of compliance with the 20 requirements of this Act; 21 ‘‘(B) shall ensure that the selected eligible 22 entities represent a variety of eligible entities 23 with respect to size, mission, and geographic 24 distribution; 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 209 •HR 6951 IH ‘‘(C) shall ensure that the number of eligi-1 ble entities selected that are institutions of 2 higher education described in paragraph (2)(B) 3 is equal to the number of eligible entities se-4 lected that are educational providers described 5 in paragraph (2)(B); and 6 ‘‘(D) may not select any eligible entity 7 whose approval to operate in a State is at risk. 8 ‘‘(5) W AIVERS.—The Secretary is authorized to 9 waive, for any eligible entity participating in the ex-10 perimental site initiative under this subsection— 11 ‘‘(A) any requirements conditioning an eli-12 gible entity’s eligibility to participate in pro-13 grams under this title to being accredited by an 14 accrediting agency or association recognized 15 under section 496; and 16 ‘‘(B) any other requirements of this title 17 determined necessary by the Secretary to carry 18 out such initiative (including requirements re-19 lated to the award process and disbursement of 20 student financial aid, or other management pro-21 cedures or processes), except that the Secretary 22 shall not waive any provisions with respect to 23 award rules (other than an award rule related 24 to an experiment in modular or compressed 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 210 •HR 6951 IH schedules), grant and loan maximum award 1 amounts, and need analysis requirements, un-2 less the waiver of such provisions is authorized 3 by another provision under this title. 4 ‘‘(6) R EVIEW AND EVALUATION .— 5 ‘‘(A) I N GENERAL.—The Secretary shall 6 review and evaluate the experimental site initia-7 tive conducted under this subsection, including 8 by evaluating, with respect to each participating 9 program of each participating eligible entity, 10 whether— 11 ‘‘(i) the median value-added earnings 12 of students who complete the program of 13 study are greater than the median total 14 price charged to students for such pro-15 gram; and 16 ‘‘(ii) the program of study is meeting 17 other student achievement outcomes (such 18 as outcomes based on standards of accredi-19 tation described in section 496(a)(5)(A)), 20 as appropriate for the program. 21 ‘‘(B) R ECOMMENDATIONS .—If, based on 22 such evaluation, the Secretary determines that 23 participating eligible entities were able to meet 24 the requirement of subparagraph (A)(i) and the 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 211 •HR 6951 IH other student achievement outcomes evaluated 1 by the Secretary under subparagraph (A)(ii), 2 the Secretary shall submit to the authorizing 3 committees recommendations regarding amend-4 ments to this Act that will streamline and en-5 hance the quality assurance process of institu-6 tions of higher education, and educational pro-7 viders described in paragraph (2)(B).’’. 8 PART B—STUDENT SUCCESS 9 SEC. 321. POSTSECONDARY STUDENT SUCCESS GRANTS. 10 Part B of title VII of the Higher Education Act of 11 1965 (20 U.S.C. 1138 et seq.) is amended— 12 (1) in section 741— 13 (A) by striking subsections (b), (c), (e), 14 and (f); 15 (B) by redesignating subsection (d) as sub-16 section (c); and 17 (C) by inserting after subsection (a) the 18 following: 19 ‘‘(b) G RANTS.— 20 ‘‘(1) D EFINITIONS.—In this subsection: 21 ‘‘(A) C OMPLETION RATE.—The term ‘com-22 pletion rate’ means— 23 ‘‘(i) the percentage of students from 24 an initial cohort enrolled at an institution 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 212 •HR 6951 IH of higher education that is a 2-year institu-1 tion who have graduated from the institu-2 tion or transferred to a 4-year institution 3 of higher education; or 4 ‘‘(ii) the percentage of students from 5 an initial cohort enrolled at an institution 6 of higher education in the State that is a 7 4-year institution who have graduated 8 from the institution. 9 ‘‘(B) E LIGIBLE ENTITY.—The term ‘eligi-10 ble entity’ means— 11 ‘‘(i) an institution of higher education; 12 ‘‘(ii) a partnership between a non-13 profit educational organization and an in-14 stitution of higher education; and 15 ‘‘(iii) a consortium of institutions of 16 higher education. 17 ‘‘(C) E LIGIBLE INDIAN ENTITY .—The 18 term ‘eligible Indian entity’ means the entity re-19 sponsible for the governance, operation, or con-20 trol of a Tribal College or University. 21 ‘‘(D) E VIDENCE-BASED.—The term ‘evi-22 dence-based’ has the meaning given the term in 23 section 8101(21)(A) of the Elementary and 24 Secondary Education Act of 1965 (20 U.S.C. 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 213 •HR 6951 IH 7801(21)(A)), except that such term shall also 1 apply to institutions of higher education. 2 ‘‘(E) E VIDENCE TIERS.— 3 ‘‘(i) E VIDENCE TIER 1 REFORM OR 4 PRACTICE.—The term ‘evidence tier 1 re-5 form or practice’ means a reform or prac-6 tice that prior research suggests has prom-7 ise for the purpose of successfully improv-8 ing student achievement or attainment for 9 high-need students. 10 ‘‘(ii) E VIDENCE TIER 2 REFORM OR 11 PRACTICE.—The term ‘evidence tier 2 re-12 form or practice’ means a reform or prac-13 tice described in clause (i), or other prac-14 tice meeting similar criteria, that measures 15 impact and cost effectiveness of student 16 success activities, and, through rigorous 17 evaluation (including through the use of 18 existing administrative data, as applicable), 19 has been found to be successfully imple-20 mented. 21 ‘‘(iii) E VIDENCE TIER 3 REFORM OR 22 PRACTICE.—The term ‘evidence tier 3 re-23 form or practice’ means a reform or prac-24 tice described in clause (ii), or other prac-25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 214 •HR 6951 IH tice meeting similar criteria, that has been 1 found to produce sizable, important im-2 pacts on student success and— 3 ‘‘(I) determines whether such im-4 pacts can be successfully reproduced 5 and sustained over time; and 6 ‘‘(II) identifies the conditions in 7 which such reform or practice is most 8 effective. 9 ‘‘(F) F IRST GENERATION COLLEGE STU -10 DENT.—The term ‘first generation college stu-11 dent’ has the meaning given the term in section 12 402A(h) of the Higher Education Act of 1965 13 (20 U.S.C. 1070a–11(h)). 14 ‘‘(G) H IGH-NEED STUDENT .—The term 15 ‘high-need student’ means— 16 ‘‘(i) a student from low-income back-17 ground; 18 ‘‘(ii) first generation college students; 19 ‘‘(iii) caregiver students; 20 ‘‘(iv) students with disabilities; 21 ‘‘(v) students who stopped out before 22 completing; 23 ‘‘(vi) reentering justice-impacted stu-24 dents; and 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 215 •HR 6951 IH ‘‘(vii) military-connected students. 1 ‘‘(H) S ECRETARY.—The term ‘Secretary’ 2 means the Secretary of Education. 3 ‘‘(I) T RIBAL COLLEGE OR UNIVERSITY .— 4 The term ‘Tribal College or University’ has the 5 meaning given the term in section 316(b) of the 6 Higher Education Act of 1965 (20 U.S.C. 7 1059c(b)). 8 ‘‘(2) R ESERVATION OF FUNDS FOR ELIGIBLE 9 INDIAN ENTITIES.—From the total amount appro-10 priated to carry out this subsection for a fiscal year, 11 the Secretary shall reserve 2 percent for grants to 12 eligible Indian entities to increase participation and 13 completion rates of high-need students. 14 ‘‘(3) A UTHORIZATION OF POSTSECONDARY STU -15 DENT SUCCESS COMPETITIVE GRANTS .— 16 ‘‘(A) G RANT AUTHORIZATION .—For each 17 of fiscal years 2025 through 2030, the Sec-18 retary shall award, on a competitive basis, 19 grants to eligible entities to provide student 20 services to increase participation, retention, and 21 completion rates of high-need students. 22 ‘‘(B) A PPLICATION.—An eligible entity de-23 siring a grant under this section shall submit 24 an application to the Secretary at such time, in 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 216 •HR 6951 IH such manner, and containing the information 1 required under subparagraph (C). 2 ‘‘(C) C ONTENTS.—An application sub-3 mitted under this paragraph shall include the 4 following: 5 ‘‘(i) A plan to increase, with respect 6 to all students enrolled at the institution of 7 higher education, attainment and comple-8 tion rates or graduation rates, including— 9 ‘‘(I) a description of which evi-10 dence tiers would be met by the evi-11 dence-based reforms or practices; and 12 ‘‘(II) a particular focus on serv-13 ing high-need students through stu-14 dent services and collaboration among 15 2-year programs, 4-year programs, 16 and workforce systems. 17 ‘‘(ii) Annual benchmarks for student 18 outcomes with respect to evidence-based 19 reforms or practices. 20 ‘‘(iii) A plan to evaluate the evidence- 21 based reforms or practices carried out pur-22 suant to a grant received under this sub-23 section. 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 217 •HR 6951 IH ‘‘(iv) Rates of enrolled students who 1 received a Federal Pell Grant under sec-2 tion 401. 3 ‘‘(v) Demographics of enrolled stu-4 dents, including high-need students. 5 ‘‘(vi) A description of how the eligible 6 entity will, directly or in collaboration with 7 institutions of higher education or non-8 profit organizations, use the grant funds to 9 implement 1 or more of the following evi-10 dence-based reforms or practices: 11 ‘‘(I) Providing comprehensive 12 academic, career, and student serv-13 ices, which may include mentoring, 14 advising, or case management serv-15 ices. 16 ‘‘(II) Providing accelerated learn-17 ing opportunities, which may include 18 dual or concurrent enrollment pro-19 grams and early college high school 20 programs. 21 ‘‘(III) Reforming course sched-22 uling or credit-awarding policies. 23 ‘‘(IV) Improving transfer path-24 ways between the institution of higher 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 218 •HR 6951 IH education, or eligible Indian entity, 1 and other institutions of higher edu-2 cation. 3 ‘‘(vii) A description of how the evi-4 dence-based reforms or practices carried 5 out pursuant to a grant under this sub-6 section will be sustained once the grant ex-7 pires. 8 ‘‘(D) E VIDENCE-BASED STUDENT SUCCESS 9 PROGRAMS.—From the total amount appro-10 priated to carry out this subsection for a fiscal 11 year and not reserved under paragraph (4), the 12 Secretary shall reserve not less than 20 percent 13 to award grants to eligible entities with applica-14 tions that propose to include reforms or prac-15 tices— 16 ‘‘(i) at least 1 of which is a tier 3 re-17 form or practice; and 18 ‘‘(ii) the rest of which are tier 1 or 19 tier 2 reforms or practices. 20 ‘‘(E) R EQUIRED USE OF FUNDS .—An eligi-21 ble entity that receives a grant under this sec-22 tion shall use the grant funds to carry out the 23 plans submitted pursuant to subparagraph (C) 24 and for evidence-based reforms or practices for 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 219 •HR 6951 IH improving retention and completion rates of 1 students that may include the following: 2 ‘‘(i) Student services to support reten-3 tion, completion, and success, which may 4 include— 5 ‘‘(I) faculty and peer counseling; 6 ‘‘(II) use of real-time data on 7 student progress; 8 ‘‘(III) improving transfer student 9 success; and 10 ‘‘(IV) incentives for students to 11 re-enroll or stay on track. 12 ‘‘(ii) Direct student support services, 13 including a combination of— 14 ‘‘(I) tutoring, academic supports, 15 and enrichment services; and 16 ‘‘(II) emergency financial assist-17 ance. 18 ‘‘(iii) Efforts to prepare students for a 19 career, which may include— 20 ‘‘(I) career coaching, career coun-21 seling and planning services, and ef-22 forts to lower student to advisor ra-23 tios; 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 220 •HR 6951 IH ‘‘(II) networking and work-based 1 learning opportunities to support the 2 development of skills and professional 3 relationships; 4 ‘‘(III) utilizing career pathways; 5 and 6 ‘‘(IV) boosting experiences nec-7 essary to obtain and succeed in high- 8 wage, high-skilled, (as described in 9 section 122 of the Carl D. Perkins 10 Career and Technical Education Act 11 of 2006 (20 U.S.C. 2342)) or in-de-12 mand sectors or occupations (as de-13 fined in section 3(23) of the Work-14 force Innovation and Opportunity Act 15 (29 U.S.C. 3102(23)). 16 ‘‘(iv) Efforts to recruit and retain fac-17 ulty and other instructional staff. 18 ‘‘(F) P ERMISSIVE USE OF FUNDS .—From 19 the total amount appropriated to carry out this 20 subsection for a fiscal year, and not reserved 21 under paragraph (4) or subparagraph (D), the 22 Secretary may set aside— 23 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 221 •HR 6951 IH ‘‘(i) not more than 5 percent for ad-1 ministration, capacity building, research, 2 evaluation, and reporting; and 3 ‘‘(ii) not more than 2 percent for 4 technical assistance to eligible entities. 5 ‘‘(G) E VALUATIONS.— 6 ‘‘(i) I N GENERAL.—For the purpose 7 of improving the effectiveness of the evi-8 dence-based reforms or practices carried 9 out by eligible entities pursuant to a grant 10 under this subsection, the Secretary shall 11 make grants to or enter into contracts with 12 one or more organizations to— 13 ‘‘(I) evaluate the effectiveness of 14 such reforms or practices; and 15 ‘‘(II) disseminate information on 16 the impact of such reforms or prac-17 tices in increasing completion and re-18 tention activities of students, as well 19 as other appropriate measures. 20 ‘‘(ii) I SSUES TO BE EVALUATED .— 21 The evaluations required under clause (i) 22 shall measure the effectiveness of the evi-23 dence-based reforms or practices carried 24 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 222 •HR 6951 IH out by eligible entities pursuant to a grant 1 under this subsection in— 2 ‘‘(I) whether such eligible entity 3 implemented the plans, and carried 4 out the activities, described in sub-5 paragraph (C); and 6 ‘‘(II) comparing the completion 7 and retention rates of students who 8 participated in such reforms or prac-9 tices with the rates of students of 10 similar backgrounds who did not par-11 ticipate in such reforms or practices. 12 ‘‘(iii) R ESULTS.—Not later than 18 13 months after the date of the enactment of 14 this subsection, the Secretary shall submit 15 to the authorizing committees a final re-16 port. 17 ‘‘(H) G RANT LIMIT.—An institution with 18 branch campuses that is an eligible entity may 19 only receive a grant under this subsection for 1 20 campus of such institution at a time. 21 ‘‘(4) A UTHORIZATION OF APPROPRIATIONS .— 22 There are authorized to be appropriated to carry out 23 this subsection, $45,000,000, for each of fiscal years 24 2026 through 2031.’’; and 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 223 •HR 6951 IH (2) by striking sections 742 through 745. 1 SEC. 322. REVERSE TRANSFER EFFICIENCY ACT. 2 Section 444(b)(1) of the General Education Provi-3 sions Act (20 U.S.C. 1232g(b)(1)) is amended— 4 (1) in subparagraph (K)(ii), by striking ‘‘; and’’ 5 and inserting a semicolon; 6 (2) in subparagraph (L), by striking the period 7 at the end and inserting ‘‘; and’’; and 8 (3) by inserting after subparagraph (L) the fol-9 lowing: 10 ‘‘(M) an institution of postsecondary edu-11 cation in which a student was previously en-12 rolled, to which records of postsecondary 13 coursework and credits are sent for the purpose 14 of applying such coursework and credits toward 15 completion of a recognized postsecondary cre-16 dential (as that term is defined in section 3 of 17 the Workforce Innovation and Opportunity Act 18 (29 U.S.C. 3102)), upon condition that the stu-19 dent provides written consent prior to receiving 20 such credential.’’. 21 SEC. 323. TRANSPARENT AND FAIR TRANSFER OF CREDIT 22 POLICIES. 23 Section 485(h) of the Higher Education Act of 1965 24 (20 U.S.C. 1092(h)) is amended— 25 VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS 224 •HR 6951 IH (1) in paragraph (1)(A), by inserting ‘‘, includ-1 ing with respect to the acceptance or denial of such 2 credit’’ after ‘‘higher education’’; 3 (2) by redesignating paragraph (2) as para-4 graph (3); and 5 (3) by inserting after paragraph (1) the fol-6 lowing: 7 ‘‘(2) D ENIAL OF CREDIT TRANSFER .—An insti-8 tution may not establish a transfer of credit policy 9 which denies credit earned at another institution 10 based solely on the source of accreditation of such 11 other institution, provided that such other institu-12 tion is accredited by an agency or association that 13 is recognized by the Secretary pursuant to section 14 496.’’. 15 Æ VerDate Sep 11 2014 19:21 Jan 29, 2024 Jkt 049200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6301 E:\BILLS\H6951.IH H6951 ssavage on LAPJG3WLY3PROD with BILLS