Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB801 Compare Versions

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11 II
22 119THCONGRESS
33 1
44 STSESSION S. 801
55 To amend the Higher Education Act of 1965 to provide for fiscal account-
66 ability, to require institutions of higher education to publish information
77 regarding student success, to provide for school accountability for student
88 loans, and for other purposes.
99 IN THE SENATE OF THE UNITED STATES
1010 FEBRUARY27, 2025
1111 Mr. L
1212 EEintroduced the following bill; which was read twice and referred to
1313 the Committee on Health, Education, Labor, and Pensions
1414 A BILL
1515 To amend the Higher Education Act of 1965 to provide
1616 for fiscal accountability, to require institutions of higher
1717 education to publish information regarding student suc-
1818 cess, to provide for school accountability for student
1919 loans, and for other purposes.
2020 Be it enacted by the Senate and House of Representa-1
2121 tives of the United States of America in Congress assembled, 2
2222 SECTION 1. SHORT TITLE. 3
2323 This Act may be cited as the ‘‘Higher Education Re-4
2424 form and Opportunity Act’’. 5
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2828 TITLE I—FISCAL 1
2929 ACCOUNTABILITY 2
3030 SEC. 101. SIMPLIFICATION OF FEDERAL STUDENT LOANS. 3
3131 (a) T
3232 ERMINATION.—Section 451 of the Higher Edu-4
3333 cation Act of 1965 (20 U.S.C. 1087a) is amended— 5
3434 (1) in subsection (a), by adding at the end the 6
3535 following: ‘‘No sums may be expended after Sep-7
3636 tember 30, 2028, with respect to loans under this 8
3737 part for which the first disbursement is after such 9
3838 date, except Federal Direct simplification loans 10
3939 under section 460A.’’; and 11
4040 (2) by adding at the end, the following: 12
4141 ‘‘(d) T
4242 ERMINATION OFAUTHORITYTOMAKENEW 13
4343 L
4444 OANS.—Notwithstanding subsection (a) or any other 14
4545 provision of law— 15
4646 ‘‘(1) no new loans may be made under this part 16
4747 after September 30, 2028, except Federal Direct 17
4848 simplification loans under section 460A; and 18
4949 ‘‘(2) no funds are authorized to be appro-19
5050 priated, or may be expended, under this Act, or any 20
5151 other Act to make loans under this part for which 21
5252 the first disbursement is after September 30, 2028, 22
5353 except Federal Direct simplification loans under sec-23
5454 tion 460A, or as expressly authorized by an Act of 24
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5858 Congress enacted after the date of enactment of the 1
5959 Higher Education Reform and Opportunity Act. 2
6060 ‘‘(e) S
6161 TUDENT ELIGIBILITYBEGINNINGWITH 3
6262 A
6363 WARDYEAR2025.— 4
6464 ‘‘(1) N
6565 EW BORROWERS.—No loan may be made 5
6666 under this part to a new borrower for which the first 6
6767 disbursement is after June 30, 2025, except Federal 7
6868 Direct simplification loans under section 460A. 8
6969 ‘‘(2) B
7070 ORROWERS WITH OUTSTANDING BAL -9
7171 ANCES.—Subject to paragraph (3), with respect to a 10
7272 borrower who, as of July 1, 2025, has an out-11
7373 standing balance of principal or interest owing on a 12
7474 loan made under this part that is not a Federal Di-13
7575 rect simplification loan under section 460A, such 14
7676 borrower may— 15
7777 ‘‘(A) in the case of such a loan made to 16
7878 the borrower for enrollment in a program of un-17
7979 dergraduate education, borrow loans made 18
8080 under this part that are not Federal Direct 19
8181 simplification loans under section 460A for any 20
8282 program of undergraduate education through 21
8383 the close of September 30, 2028; 22
8484 ‘‘(B) in the case of such a loan made to 23
8585 the borrower for enrollment in a program of 24
8686 graduate or professional education, borrow 25
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9090 loans made under this part that are not Federal 1
9191 Direct simplification loans under section 460A 2
9292 for any program of graduate or professional 3
9393 education through the close of September 30, 4
9494 2028; and 5
9595 ‘‘(C) in the case of such a loan made to 6
9696 the borrower on behalf of a dependent student 7
9797 for the student’s enrollment in a program of 8
9898 undergraduate education, borrow loans made 9
9999 under this part that are not Federal Direct 10
100100 simplification loans under section 460A on be-11
101101 half of such student through the close of Sep-12
102102 tember 30, 2028. 13
103103 ‘‘(3) L
104104 OSS OF ELIGIBILITY.—A borrower de-14
105105 scribed in paragraph (2) who borrows a Federal Di-15
106106 rect simplification loan made under section 460A for 16
107107 which the first disbursement is made before Sep-17
108108 tember 30, 2028, shall lose the borrower’s eligibility 18
109109 to borrow a loan under this part that is not a Fed-19
110110 eral Direct simplification loan under section 460A in 20
111111 accordance with paragraph (2).’’. 21
112112 (b) F
113113 EDERALDIRECTSIMPLIFICATIONLOANS.— 22
114114 Part D of title IV of the Higher Education Act of 1965 23
115115 (20 U.S.C. 1087a et seq.) is amended by adding at the 24
116116 end the following: 25
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120120 ‘‘SEC. 460A. FEDERAL DIRECT SIMPLIFICATION LOANS. 1
121121 ‘‘(a) I
122122 NGENERAL.—Beginning on July 1, 2025, ex-2
123123 cept as provided in section 451(e), the Secretary shall 3
124124 make loans to borrowers under this section. Loans made 4
125125 under this section shall be known as Federal Direct sim-5
126126 plification loans. 6
127127 ‘‘(b) F
128128 EDERALDIRECTSIMPLIFICATIONLOANS.— 7
129129 The provisions of this part shall apply with respect to Fed-8
130130 eral Direct simplification loans, except that Federal Direct 9
131131 simplification loans shall be made in accordance with the 10
132132 following: 11
133133 ‘‘(1) The applicable rate of interest on a loan 12
134134 made under this section shall— 13
135135 ‘‘(A) in the case of such loans issued to 14
136136 undergraduate students, for loans disbursed 15
137137 during any 12-month period beginning on July 16
138138 1 and ending on June 30, be determined on the 17
139139 preceding June 1 and be equal to the lesser 18
140140 of— 19
141141 ‘‘(i) a rate equal to the high yield of 20
142142 the 10-year Treasury note auctioned at the 21
143143 final auction held prior to such June 1 22
144144 plus 2.05 percent; or 23
145145 ‘‘(ii) 8.25 percent; and 24
146146 ‘‘(B) in the case of such loans issued to 25
147147 graduate or professional students, for loans dis-26
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151151 bursed during any 12-month period beginning 1
152152 on July 1 and ending on June 30, be deter-2
153153 mined on the preceding June 1 and be equal to 3
154154 the lesser of— 4
155155 ‘‘(i) a rate equal to the high yield of 5
156156 the 10-year Treasury note auctioned at the 6
157157 final auction held prior to such June 1 7
158158 plus 3.6 percent; or 8
159159 ‘‘(ii) 9.5 percent. 9
160160 ‘‘(2) Interest on a loan made under this section 10
161161 shall begin to accrue on the date the loan is dis-11
162162 bursed. 12
163163 ‘‘(3) The maximum— 13
164164 ‘‘(A) annual amount of loans under this 14
165165 section a dependent undergraduate student may 15
166166 borrow in any academic year (as defined in sec-16
167167 tion 481(a)(2)) or its equivalent shall be equal 17
168168 to $7,500; and 18
169169 ‘‘(B) aggregate amount of loans under this 19
170170 section a dependent undergraduate student may 20
171171 borrow shall be equal to $30,000. 21
172172 ‘‘(4) The maximum— 22
173173 ‘‘(A) annual amount of loans under this 23
174174 section an independent undergraduate student 24
175175 may borrow in any academic year (as defined in 25
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179179 section 481(a)(2)) or its equivalent shall be 1
180180 equal to $15,000; and 2
181181 ‘‘(B) aggregate amount of loans under this 3
182182 section an undergraduate independent student 4
183183 may borrow shall be equal to $60,000. 5
184184 ‘‘(5) The maximum— 6
185185 ‘‘(A) annual amount of loans under this 7
186186 section a graduate or professional student may 8
187187 borrow in any academic year (as defined in sec-9
188188 tion 481(a)(2)) or its equivalent shall be equal 10
189189 to $18,500; and 11
190190 ‘‘(B) aggregate amount of loans under this 12
191191 section a graduate or professional student may 13
192192 borrow shall be equal to $74,000. 14
193193 ‘‘(6) The only length of repayment— 15
194194 ‘‘(A) for a loan borrowed by an under-16
195195 graduate student shall be 15 years; and 17
196196 ‘‘(B) for a loan borrowed by a graduate or 18
197197 professional student shall be 25 years. 19
198198 ‘‘(7) Repayment on a loan made under this sec-20
199199 tion shall begin— 21
200200 ‘‘(A) after 125 percent of the normal time 22
201201 for completion of the program of study for 23
202202 which the borrower receives the loan under this 24
203203 section; or 25
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207207 ‘‘(B) if the borrower withdraws from the 1
208208 program of study before the borrower completes 2
209209 the program, 6 months after the date the bor-3
210210 rower withdraws. 4
211211 ‘‘(8) The Secretary shall not repay or cancel 5
212212 any outstanding balance of principal or interest due 6
213213 on a Federal Direct simplification loan as part of a 7
214214 student loan forgiveness program, including such a 8
215215 program under section 455(m) and section 493C. 9
216216 ‘‘(c) A
217217 UTHORIZATIONTOLIMITLOANAMOUNTS.— 10
218218 An institution of higher education that is required under 11
219219 State law to enroll all eligible applicants for an academic 12
220220 year may limit the amount of loans under this section that 13
221221 a student may borrow for such academic year to not more 14
222222 than the tuition and fees at such institution for such aca-15
223223 demic year. 16
224224 ‘‘(d) L
225225 OANFEE.—The Secretary shall not charge the 17
226226 borrower of a loan made under this part an origination 18
227227 fee. 19
228228 ‘‘(e) R
229229 EPAYMENT.—A borrower of a loan made under 20
230230 this section may accelerate without penalty repayment of 21
231231 the whole or any part of the loan.’’. 22
232232 SEC. 102. PHASING OUT LOAN FORGIVENESS. 23
233233 The Higher Education Act of 1965 (20 U.S.C. 1001 24
234234 et seq.) is amended— 25
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238238 (1) in section 455— 1
239239 (A) in subsection (d)(1), in the matter pre-2
240240 ceding subparagraph (A), by inserting ‘‘(except 3
241241 a Federal Direct simplification loan)’’ after 4
242242 ‘‘borrower of a loan made under this part’’; 5
243243 (B) in subsection (e), by adding at the end 6
244244 the following: 7
245245 ‘‘(9) F
246246 EDERAL DIRECT SIMPLIFICATION 8
247247 LOANS.—Income contingent repayment shall not be 9
248248 available for a Federal Direct simplification loan.’’; 10
249249 and 11
250250 (C) in subsection (m), by adding at the 12
251251 end the following: 13
252252 ‘‘(5) E
253253 LIMINATION OF LOAN FORGIVENESS .— 14
254254 ‘‘(A) I
255255 N GENERAL.—Notwithstanding any 15
256256 other provision of this Act and subject to sub-16
257257 paragraph (B), with respect to any loan made 17
258258 on or after July 1, 2025, the Secretary may not 18
259259 cancel any outstanding balance of principal and 19
260260 interest due on the loan for the borrower of the 20
261261 loan pursuant to this subsection. 21
262262 ‘‘(B) L
263263 OANS FOR CONTINUING PROGRAM 22
264264 OF STUDY.—In the case of a borrower whose 23
265265 first loan for a program of study is made prior 24
266266 to July 1, 2025, the Secretary may repay or 25
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270270 cancel any outstanding balance of principal and 1
271271 interest due on the subsequent loans for that 2
272272 borrower for the same program of study pursu-3
273273 ant to this subsection for— 4
274274 ‘‘(i) loans made during the time it 5
275275 takes to complete that program of study; 6
276276 or 7
277277 ‘‘(ii) loans made before July 1, 2028; 8
278278 whichever occurs earlier.’’; and 9
279279 (2) in section 493C, by adding at the end the 10
280280 following: 11
281281 ‘‘(f) E
282282 LIMINATION OFLOANFORGIVENESS.— 12
283283 ‘‘(1) I
284284 N GENERAL.—Notwithstanding any other 13
285285 provision of this Act and subject to paragraph (2), 14
286286 with respect to any loan made on or after July 1, 15
287287 2025, the Secretary may not repay or cancel any 16
288288 outstanding balance of principal and interest due on 17
289289 the loan for the borrower of the loan pursuant to 18
290290 this section. 19
291291 ‘‘(2) L
292292 OANS FOR CONTINUING PROGRAM OF 20
293293 STUDY.—In the case of a borrower whose first loan 21
294294 for a program of study is made prior to July 1, 22
295295 2025, the Secretary may repay or cancel any out-23
296296 standing balance of principal and interest due on the 24
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300300 subsequent loans for that borrower for the same pro-1
301301 gram of study pursuant to this section for— 2
302302 ‘‘(A) loans made during the time it takes 3
303303 to complete that program of study; or 4
304304 ‘‘(B) loans made before July 1, 2028; 5
305305 whichever occurs earlier.’’. 6
306306 TITLE II—ACCREDITATION 7
307307 REFORM 8
308308 SEC. 201. ACCREDITATION REFORM. 9
309309 (a) D
310310 EFINITION OFINSTITUTION OFHIGHEREDU-10
311311 CATION.—Section 102(a)(1) of the Higher Education Act 11
312312 of 1965 (20 U.S.C. 1002(a)(1)) is amended— 12
313313 (1) by redesignating subparagraphs (B) and 13
314314 (C) as subparagraphs (C) and (D), respectively; and 14
315315 (2) by inserting after subparagraph (A) the fol-15
316316 lowing: 16
317317 ‘‘(B) if accredited by an authorized accred-17
318318 itation authority in a State that has an alter-18
319319 native accreditation agreement with the Sec-19
320320 retary, as described in section 498C— 20
321321 ‘‘(i) an institution that provides post-21
322322 secondary education; 22
323323 ‘‘(ii) a postsecondary apprenticeship 23
324324 program; or 24
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328328 ‘‘(iii) a postsecondary education 1
329329 course or program provided by an institu-2
330330 tion of postsecondary education, a non-3
331331 profit organization, or a for-profit organi-4
332332 zation or business;’’. 5
333333 (b) S
334334 TATEALTERNATIVEACCREDITATION.—Part H 6
335335 of title IV of the Higher Education Act of 1965 (20 U.S.C. 7
336336 1099a et seq.) is amended by adding at the end the fol-8
337337 lowing: 9
338338 ‘‘Subpart 4—State Alternative Accreditation 10
339339 ‘‘SEC. 498C. STATE ALTERNATIVE ACCREDITATION. 11
340340 ‘‘(a) I
341341 NGENERAL.—Notwithstanding any other pro-12
342342 vision of law, a State may establish an alternative accredi-13
343343 tation system for the purpose of establishing institutions 14
344344 that provide postsecondary education and postsecondary 15
345345 education courses or programs as eligible for funding 16
346346 under title IV if the State submits a plan to the Secretary 17
347347 for the establishment of the alternative accreditation sys-18
348348 tem. Such institutions, courses, or programs may in-19
349349 clude— 20
350350 ‘‘(1) institutions that provide postsecondary 21
351351 education that culminates in a certification, creden-22
352352 tial, or degree; 23
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356356 ‘‘(2) postsecondary apprenticeship programs 1
357357 that culminate in a certification, credential, or de-2
358358 gree; 3
359359 ‘‘(3) any other postsecondary education course 4
360360 or program provided by an institution of postsec-5
361361 ondary education, a nonprofit organization, or a for- 6
362362 profit organization or business, that culminates in a 7
363363 certification, credential, or degree; and 8
364364 ‘‘(4) any of the entities described in paragraphs 9
365365 (1) through (3) that do not award a postsecondary 10
366366 certification, credential, or degree, provided that 11
367367 such entity provides credit that will be accepted to-12
368368 ward a postsecondary certification, credential, or de-13
369369 gree at one or more of the entities described in para-14
370370 graphs (1) through (3). 15
371371 ‘‘(b) A
372372 LTERNATIVE ACCREDITATION NOTIFICA-16
373373 TION.—The alternative accreditation plan described in 17
374374 subsection (a) shall include the following: 18
375375 ‘‘(1) The State’s plan for designating one or 19
376376 more authorized accrediting entities within the 20
377377 State, such as the State Department of Education, 21
378378 another State agency, an industry-specific accred-22
379379 iting agency, or another entity, and an explanation 23
380380 of the process through which the State will select 24
381381 such authorized accrediting entities. 25
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385385 ‘‘(2) The standards or criteria that an institu-1
386386 tion that provides postsecondary education and a 2
387387 postsecondary education course or program must 3
388388 meet in order to— 4
389389 ‘‘(A) receive an initial accreditation as part 5
390390 of the alternative accreditation system; and 6
391391 ‘‘(B) maintain such accreditation. 7
392392 ‘‘(3) A description of the appeals process 8
393393 through which an institution that provides postsec-9
394394 ondary education or a postsecondary education 10
395395 course or program may appeal to an authorized ac-11
396396 crediting entity if such institution, course, or pro-12
397397 gram is denied accreditation under the State alter-13
398398 native accreditation system. 14
399399 ‘‘(4) Any State policy regarding public accessi-15
400400 bility to certain information relating to institutions 16
401401 that provide postsecondary education and postsec-17
402402 ondary education courses and programs accredited 18
403403 under the State alternative accreditation system, in-19
404404 cluding— 20
405405 ‘‘(A) the information described in sub-21
406406 section (e)(1); and 22
407407 ‘‘(B) information about the rates of job 23
408408 placement for individuals who have graduated 24
409409 from an institution or completed a course or 25
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413413 program that is accredited under the State al-1
414414 ternative accreditation system, if available. 2
415415 ‘‘(5) An assurance by the State that under the 3
416416 State alternative accreditation system, only institu-4
417417 tions that provide postsecondary education and post-5
418418 secondary education courses or programs that pro-6
419419 vide a postsecondary certification, credential, or de-7
420420 gree, or credits toward a postsecondary certification, 8
421421 credential, or degree (as defined by the State in ac-9
422422 cordance with paragraph (6)) will be accredited. 10
423423 ‘‘(6) The State’s definition of a postsecondary 11
424424 certification, credential, or degree, as such term ap-12
425425 plies to the requirement described in paragraph (5). 13
426426 ‘‘(7) A description of the agreements that the 14
427427 State will enter into with institutions that provide 15
428428 postsecondary education and postsecondary edu-16
429429 cation courses or programs that are accredited 17
430430 under the alternative accreditation system for pur-18
431431 poses of accreditation regarding requirements for 19
432432 learning outcomes or labor market outcomes, in lieu 20
433433 of the requirements described under section 21
434434 496(a)(5). 22
435435 ‘‘(8) A description of the agreements that the 23
436436 State will enter into with institutions that provide 24
437437 postsecondary education and postsecondary edu-25
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441441 cation courses or programs that are accredited 1
442442 under the alternative accreditation system for pur-2
443443 poses of accreditation regarding requirements for in-3
444444 structional time, in lieu of the requirements de-4
445445 scribed under section 481(a)(2). 5
446446 ‘‘(9) A description of the agreements that the 6
447447 State will enter into with institutions that provide 7
448448 postsecondary education and postsecondary edu-8
449449 cation courses or programs that are accredited 9
450450 under the alternative accreditation system regarding 10
451451 requirements for credit hours or clock hours, or 11
452452 other measures of student learning, in lieu of the re-12
453453 quirements described under section 481(b). 13
454454 ‘‘(c) R
455455 EVIEW ANDAPPROVAL.—Not later than 30 14
456456 days after the Secretary receives a plan from a State re-15
457457 garding an alternative accreditation system, the Secretary 16
458458 shall submit to the State and Congress, and make publicly 17
459459 available, a response to the State’s plan. The Secretary 18
460460 shall approve the plan and allow the State to establish the 19
461461 alternative accreditation system if the plan meets the re-20
462462 quirements described in subsection (b). 21
463463 ‘‘(d) T
464464 IMELIMIT.—Each plan approved under sub-22
465465 section (c) shall allow a State to carry out an alternative 23
466466 accreditation system in the State for a period of 5 years. 24
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470470 ‘‘(e) REPORTINGREQUIREMENTS.—States that es-1
471471 tablish an alternative accreditation system shall submit a 2
472472 report to the Secretary every 3 years following the imple-3
473473 mentation of the alternative accreditation system. The re-4
474474 port shall include— 5
475475 ‘‘(1) in the case of a postsecondary education 6
476476 course or program that is accredited through the 7
477477 State alternative accreditation system— 8
478478 ‘‘(A) the number and percentage of stu-9
479479 dents who successfully complete each such post-10
480480 secondary education course or program; and 11
481481 ‘‘(B) for postsecondary education courses 12
482482 or programs that lead to a certification, creden-13
483483 tial, or degree, the number of students in such 14
484484 course or program; 15
485485 ‘‘(2) in the case of an institution that provides 16
486486 postsecondary education that is accredited through 17
487487 the State alternative accreditation system— 18
488488 ‘‘(A) the number and percentage of stu-19
489489 dents who successfully obtain a postsecondary 20
490490 certification, credential, or degree from such in-21
491491 stitution; and 22
492492 ‘‘(B) the number and percentage of stu-23
493493 dents who do not successfully obtain a postsec-24
494494 ondary certification, credential, or degree from 25
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498498 such institution but do obtain credit from such 1
499499 institution toward a postsecondary degree, cre-2
500500 dential, or certification; and 3
501501 ‘‘(3) a description of any requirements for 4
502502 third-party verification of information contained in 5
503503 the report.’’. 6
504504 (c) T
505505 ITLEIV ELIGIBILITYREQUIREMENTS.—Part G 7
506506 of title IV of the Higher Education Act of 1965 (20 U.S.C. 8
507507 1088 et seq.) is amended by adding at the end the fol-9
508508 lowing: 10
509509 ‘‘SEC. 494A. STATE ACCREDITED INSTITUTIONS, PRO-11
510510 GRAMS, OR COURSES. 12
511511 ‘‘Notwithstanding any other provision of law, an in-13
512512 stitution, program, or course that is eligible for funds 14
513513 under this title in accordance with section 102(a)(1)(B) 15
514514 and meets the requirements of section 498C— 16
515515 ‘‘(1) shall not be required to meet the require-17
516516 ments of section 496; and 18
517517 ‘‘(2) shall not be required to meet the require-19
518518 ments described in subsections (a)(2) and (b) of sec-20
519519 tion 481.’’. 21
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523523 TITLE III—TRANSPARENCY IN 1
524524 HIGHER EDUCATION 2
525525 SEC. 301. TIME FOR TRANSPARENCY IN HIGHER EDU-3
526526 CATION. 4
527527 (a) I
528528 NGENERAL.—Title IV of the Higher Education 5
529529 Act of 1965 (20 U.S.C. 1070 et seq.) is amended— 6
530530 (1) in section 487(a), by adding at the end the 7
531531 following: 8
532532 ‘‘(30) The institution will publish information 9
533533 in compliance with section 494B.’’; and 10
534534 (2) in part G, by adding at the end the fol-11
535535 lowing: 12
536536 ‘‘SEC. 494B. INSTITUTIONAL PUBLICATION OF INFORMA-13
537537 TION. 14
538538 ‘‘(a) P
539539 UBLICATION OFINFORMATION.— 15
540540 ‘‘(1) I
541541 N GENERAL.—Each institution of higher 16
542542 education participating in a program under this title 17
543543 shall publish on the institution’s website and in an 18
544544 alternative format, on an annual basis, the informa-19
545545 tion described in paragraphs (2) and (3). To the ex-20
546546 tent that such data is available, an institution may 21
547547 use data that the institution is already collecting in 22
548548 accordance with other Federal requirements. 23
549549 ‘‘(2) I
550550 NFORMATION.—Each institution of higher 24
551551 education described in paragraph (1) shall publish, 25
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555555 with respect to the institution as a whole and with 1
556556 respect to each program of study offered by the in-2
557557 stitution, the following information for the most re-3
558558 cent fiscal year for which the information is avail-4
559559 able, to the extent the information is available: 5
560560 ‘‘(A) For each of the following, the per-6
561561 centage and number of students enrolled at the 7
562562 institution or in the program of study, as appli-8
563563 cable, who receive the following: 9
564564 ‘‘(i) Federal grant aid, including Fed-10
565565 eral Pell Grants under subpart 1 of part 11
566566 A, Federal Supplemental Educational Op-12
567567 portunity Grants under subpart 3 of part 13
568568 A, or any other Federal postsecondary edu-14
569569 cation grant aid or subsidy. 15
570570 ‘‘(ii) Federal student loans, including 16
571571 Federal loans under part D. 17
572572 ‘‘(iii) State grant aid. 18
573573 ‘‘(iv) Institutional grants. 19
574574 ‘‘(v) A student loan from a State. 20
575575 ‘‘(B) Student body enrollment status, in-21
576576 cluding as a— 22
577577 ‘‘(i) first-time, full-time student; 23
578578 ‘‘(ii) first-time, part-time student; 24
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582582 ‘‘(iii) non-first-time, full-time student; 1
583583 and 2
584584 ‘‘(iv) non-first-time, part-time student. 3
585585 ‘‘(C) Information about students that in-4
586586 cludes the following: 5
587587 ‘‘(i) The percentage of students who 6
588588 do not complete the program of study the 7
589589 student initially started upon enrollment. 8
590590 ‘‘(ii) The percentage of students who 9
591591 transfer. 10
592592 ‘‘(iii) The percentage of students who 11
593593 complete the program of study the student 12
594594 initially started upon enrollment. 13
595595 ‘‘(iv) The average length of time for a 14
596596 student to complete the program of study. 15
597597 ‘‘(v) The percentage of students who 16
598598 continue on to higher levels of education. 17
599599 ‘‘(vi) The percentage of former stu-18
600600 dents who received financial aid who are 19
601601 employed at 2, 4, and 6 years after grad-20
602602 uating, disaggregated by program of study. 21
603603 ‘‘(vii) The median earnings of former 22
604604 students who earned a degree or credential 23
605605 and received financial aid on the date that 24
606606 is 5, 10, and 15 years after the date the 25
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610610 students first enrolled in a program of 1
611611 study at the institution, disaggregated by 2
612612 program of study. 3
613613 ‘‘(viii) The median earnings of former 4
614614 students who received financial aid on the 5
615615 date that is 5, 10, and 15 years after the 6
616616 date the students first enrolled in a pro-7
617617 gram of study at the institution, 8
618618 disaggregated by program of study. 9
619619 ‘‘(3) P
620620 UBLICATION OF DEFAULT AND NON -RE-10
621621 PAYMENT RATES.—In addition to the information 11
622622 described in paragraph (2), each institution of high-12
623623 er education described in paragraph (1) shall pub-13
624624 lish, with respect to the institution as a whole and 14
625625 with respect to each program of study offered by the 15
626626 institution, the following information for the most 16
627627 recent fiscal year for which the information is avail-17
628628 able: 18
629629 ‘‘(A) The average amount of total Federal 19
630630 student loan debt accrued upon graduation. 20
631631 ‘‘(B) The average amount of total Federal 21
632632 student loan debt accrued by students who 22
633633 leave the institution without having graduated. 23
634634 ‘‘(C) Federal student loan default rate. 24
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638638 ‘‘(D) Federal student loan non-repayment 1
639639 rate. 2
640640 ‘‘(E) Default and non-repayment rate, in-3
641641 cluding as a— 4
642642 ‘‘(i) first-time, full-time student; 5
643643 ‘‘(ii) first-time, part-time student; 6
644644 ‘‘(iii) non-first-time, full-time student; 7
645645 and 8
646646 ‘‘(iv) non-first-time, part-time student. 9
647647 ‘‘(F) Default and non-repayment rate, of— 10
648648 ‘‘(i) students who complete a program 11
649649 of study; 12
650650 ‘‘(ii) students who transfer; and 13
651651 ‘‘(iii) students who do not complete a 14
652652 program of study. 15
653653 ‘‘(b) P
654654 RIVACY.— 16
655655 ‘‘(1) C
656656 OMPLIANCE WITH FERPA .—In carrying 17
657657 out this section, an institution of higher education 18
658658 and any personnel of the institution shall not share 19
659659 any personally identifiable information and shall act 20
660660 in accordance with section 444 of the General Edu-21
661661 cation Provisions Act (20 U.S.C. 1232g, commonly 22
662662 known as the ‘Family Educational Rights and Pri-23
663663 vacy Act of 1974’). 24
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667667 ‘‘(2) PROHIBITION ON USE OF INFORMATION .— 1
668668 Information published pursuant to this section shall 2
669669 not be used by a Federal employee, agency, or offi-3
670670 cer, or an institution of higher education to take ac-4
671671 tion against an individual. 5
672672 ‘‘(3) P
673673 ENALTIES.—The Secretary shall establish 6
674674 penalties for a violation of paragraph (1) or (2) that 7
675675 includes both a monetary fine and up to 5 years in 8
676676 prison. 9
677677 ‘‘(c) R
678678 ULE OFCONSTRUCTION.—Nothing in this sec-10
679679 tion shall be construed to authorize or permit the Sec-11
680680 retary or any employee or contractor of the Department 12
681681 to mandate, direct, or control the selection of practices or 13
682682 curriculum by an institution of higher education.’’. 14
683683 (b) GAO R
684684 EPORT.— 15
685685 (1) S
686686 TUDY.—The Comptroller General of the 16
687687 United States shall conduct a study that compiles all 17
688688 the institutional publication of information pursuant 18
689689 to section 494B of the Higher Education Act of 19
690690 1965, as added by subsection (a) of this section. 20
691691 (2) R
692692 EPORT.—Not later than October 1 of the 21
693693 fourth fiscal year after the date of enactment of this 22
694694 Act, the Comptroller General of the United States 23
695695 shall submit a report containing the results of the 24
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699699 study under paragraph (1) to the appropriate com-1
700700 mittees of Congress. 2
701701 TITLE IV—SCHOOL ACCOUNT-3
702702 ABILITY FOR STUDENT 4
703703 LOANS 5
704704 SEC. 401. SCHOOL ACCOUNTABILITY FOR STUDENT LOANS. 6
705705 (a) D
706706 EFAULTRATEFINE.—Section 487 of the High-7
707707 er Education Act of 1965 (20 U.S.C. 1094), as amended 8
708708 by section 301, is further amended— 9
709709 (1) in subsection (a), by adding at the end the 10
710710 following: 11
711711 ‘‘(31) The institution will pay a default rate 12
712712 fine that is determined pursuant to subsection (k).’’; 13
713713 and 14
714714 (2) by adding at the end the following: 15
715715 ‘‘(k) D
716716 EFAULTRATEFINE.— 16
717717 ‘‘(1) I
718718 N GENERAL.—Each institution shall pay 17
719719 to the Secretary an annual default rate fine in ac-18
720720 cordance with this subsection in an amount deter-19
721721 mined under paragraph (2). 20
722722 ‘‘(2) F
723723 INE.— 21
724724 ‘‘(A) I
725725 N GENERAL.—Each institution shall 22
726726 pay a default rate fine for a fiscal year in an 23
727727 amount that is equal to the applicable percent-24
728728 age of outstanding loans. 25
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732732 ‘‘(B) APPLICABLE PERCENTAGE .—In this 1
733733 paragraph the term ‘applicable percentage’ 2
734734 means a percentage equal to— 3
735735 ‘‘(i) 15 percent; minus 4
736736 ‘‘(ii) the average rate of total unem-5
737737 ployment in the United States, as deter-6
738738 mined by the Secretary of Labor. 7
739739 ‘‘(C) O
740740 UTSTANDING LOANS.—In this para-8
741741 graph the term ‘outstanding loans’ means the 9
742742 total amount of loans issued to students for at-10
743743 tendance at the institution, for which regular 11
744744 on-time payments are not being made. 12
745745 ‘‘(D) R
746746 EGULAR ON-TIME PAYMENTS.—In 13
747747 this paragraph the term ‘regular on-time pay-14
748748 ments’ means payments that are, at a min-15
749749 imum, equal to the fixed monthly amount nec-16
750750 essary to pay off the total amount of Federal 17
751751 student loans of the borrower within the allot-18
752752 ted repayment time based on the borrower’s re-19
753753 payment plan. 20
754754 ‘‘(3) C
755755 REDIT FOR CERTAIN INSTITUTIONS .— 21
756756 Each institution shall receive a $400 credit for a fis-22
757757 cal year for each graduate of the institution who re-23
758758 ceived a Federal Pell Grant while enrolled at the in-24
759759 stitution during such fiscal year. 25
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763763 ‘‘(4) FLEXIBILITY IN COUNSEL AND ADVICE .— 1
764764 Notwithstanding any other provision of the Act, the 2
765765 Secretary shall grant institutions of higher education 3
766766 flexibility under this Act to counsel and advise stu-4
767767 dents on Federal financial aid, including granting 5
768768 flexibility for institutions to award less than the 6
769769 maximum amount of Federal student aid for which 7
770770 an individual is eligible if the cost of tuition, room, 8
771771 and board at the institution is less than such max-9
772772 imum amount.’’. 10
773773 (b) F
774774 LEXIBILITY INCOUNSELING AND ADVICE.— 11
775775 Section 485(l) of the Higher Education Act of 1965 (20 12
776776 U.S.C. 1092(l)) is amended by adding at the end the fol-13
777777 lowing: 14
778778 ‘‘(3) F
779779 LEXIBILITY IN COUNSELING AND AD -15
780780 VICE.—In addition to the entrance counseling under 16
781781 paragraph (1), an eligible institution may require 17
782782 any borrower, at or prior to the time of a disburse-18
783783 ment to the borrower of a loan made under part D, 19
784784 to receive the information described in paragraph 20
785785 (2) with respect to such loan, or any other financial 21
786786 counseling, including financial literacy counseling.’’. 22
787787 Æ
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