II 

117TH CONGRESS 

2D SESSION S. 5155 

To establish the Proprietary Education Interagency Oversight Coordination 

Committee and facilitate the disclosure and reporting of information 

regarding complaints and investigations related to proprietary institutions 

of higher education eligible to receive Federal education assistance. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 30 (legislative day, NOVEMBER 29), 2022 

Mr. DURBIN (for himself, Ms. WARREN, and Ms. SMITH) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To establish the Proprietary Education Interagency Oversight Coordination Committee and facilitate the disclosure and reporting of information regarding complaints 

and investigations related to proprietary institutions of 

higher education eligible to receive Federal education 

assistance. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Proprietary Education 

5 Interagency Oversight Coordination Improvement Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ACCREDITING AGENCY.—The term ‘‘accred4 iting agency’’ means a private educational associa5 tion that acts as a reliable authority on the quality 

6 of education or training provided by an institution of 

7 higher education and is recognized by the Secretary 

8 of Education under section 496 of the Higher Edu9 cation Act of 1965 (20 U.S.C. 1099b). 

10 (2) EXECUTIVE OFFICER.—The term ‘‘executive 

11 officer’’, with respect to a proprietary institution of 

12 higher education that is a publicly traded corpora13 tion, means— 

14 (A) the president of such corporation; 

15 (B) a vice president of such corporation 

16 who is in charge of a principal business unit, di17 vision, or function of such corporation, such as 

18 sales, administration, or finance; or 

19 (C) any other officer or person who per20 forms a policy making function for such cor21 poration, including an executive officer of a 

22 subsidiary of the corporation if the officer per23 forms a policy making function for the corpora24 tion. 

25 (3) FEDERAL EDUCATION ASSISTANCE.—The 

26 term ‘‘Federal education assistance’’ when used with 


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1 respect to a proprietary institution of higher edu2 cation, means Federal funds that are disbursed or 

3 delivered to or on behalf of a student to be used for 

4 tuition, fees, instruction, or any component of the 

5 student’s cost of attendance (as defined in section 

6 472 of the Higher Education Act of 1965 (20 

7 U.S.C. 1087ll)) to attend such institution. 

8 (4) INSTITUTIONAL DEBT.—The term ‘‘institu9 tional debt’’ means any debt owed by a student or 

10 the parent of a student to an institution of higher 

11 education, including— 

12 (A) debt owed through a private loan pro13 gram or income share agreement operated by 

14 the institution; 

15 (B) debt owed from a return of student as16 sistance made, insured, or guaranteed under 

17 title IV of the Higher Education Act 1965 (20 

18 U.S.C. 1070 et seq.) to the Department of Edu19 cation; and 

20 (C) debt owed from the student’s non21 payment of institutional charges or fees. 

22 (5) PRIVATE EDUCATION LOAN.—The term 

23 ‘‘private education loan’’ means— 

24 (A) a loan provided by a private edu25 cational lender (as defined in section 140(a) of 


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1 the Truth in Lending Act (15 U.S.C. 1650(a))) 

2 that— 

3 (i) is not made, insured, or guaran4 teed under title IV of the Higher Edu5 cation Act of 1965 (20 U.S.C. 1070 et 

6 seq.); 

7 (ii) is issued expressly for postsec8 ondary educational expenses to a borrower, 

9 regardless of whether the loan is provided 

10 through the educational institution that 

11 the subject student attends or directly to 

12 the borrower from the private educational 

13 lender (as so defined); and 

14 (iii) is not made, insured, or guaran15 teed under title VII or title VIII of the 

16 Public Health Service Act (42 U.S.C. 292 

17 et seq. and 296 et seq.); and 

18 (B) does not include an extension of credit 

19 under an open end consumer credit plan, a re20 verse mortgage transaction, a residential mort21 gage transaction, or any other loan that is se22 cured by real property or a dwelling. 

23 (6) PROPRIETARY INSTITUTION OF HIGHER

24 EDUCATION.—The term ‘‘proprietary institution of 

25 higher education’’ has the meaning given the term in 


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1 section 102(b) of the Higher Education Act of 1965 

2 (20 U.S.C. 1002(b)). 

3 (7) RECRUITING AND MARKETING ACTIVI4 TIES.— 

5 (A) IN GENERAL.—Except as provided in 

6 subparagraph (B), the term ‘‘recruiting and 

7 marketing activities’’ means activities that con8 sist of the following: 

9 (i) Advertising and promotion activi10 ties, including paid announcements in 

11 newspapers, magazines, radio, television, 

12 billboards, electronic media, naming rights, 

13 or any other public medium of communica14 tion, including paying for displays or pro15 motions at job fairs, military installations, 

16 or college recruiting events, that are made 

17 directly or indirectly to a student, a pro18 spective student, the public, an accrediting 

19 agency, a State agency, or to the Secretary 

20 by an institution of higher education, one 

21 of its representatives, or any person with 

22 whom the institution has an agreement to 

23 provide educational programs, advertising, 

24 or admissions services. 


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1 (ii) Misleading statement, misrepre2 sentation, and substantial misrepresenta3 tion (as defined in section 668.71(c) of 

4 title 34, Code of Federal Regulations, or 

5 any successor regulation). 

6 (iii) Efforts to identify and attract 

7 prospective students, either directly or 

8 through a contractor or other third party, 

9 including contact concerning a prospective 

10 student’s potential enrollment or applica11 tion for a grant, a loan, or work assistance 

12 under title IV of the Higher Education Act 

13 of 1965 (20 U.S.C. 1070 et seq.) or par14 ticipation in preadmission or advising ac15 tivities, including soliciting an individual to 

16 provide contact information to an institu17 tion of higher education, including through 

18 websites established for such purpose and 

19 funds paid to third parties for such pur20 pose. 

21 (iv) Such other activities as the Sec22 retary of Education may prescribe, includ23 ing paying for promotion or sponsorship of 

24 education or military-related associations. 


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1 (B) EXCEPTIONS.—Any activity that is re2 quired as a condition of receipt of funds by an 

3 institution under title IV of the Higher Edu4 cation Act of 1965 (20 U.S.C. 1070 et seq.), is 

5 specifically authorized under such title, or is 

6 otherwise specified by the Secretary of Edu7 cation, shall not be considered to be a recruit8 ing and marketing activity under subparagraph 

9 (A). 

10 (8) STATE APPROVAL AGENCY.—The term 

11 ‘‘State approval agency’’ means any State agency 

12 that determines whether an institution of higher 

13 education is legally authorized within such State to 

14 provide a program of education beyond secondary 

15 education. 

16 (9) VETERANS SERVICE ORGANIZATION.—The 

17 term ‘‘veterans service organization’’ means an orga18 nization that is— 

19 (A) recognized by the Secretary of Vet20 erans Affairs for the representation of veterans 

21 under section 5902 of title 38, United States 

22 Code; 

23 (B) congressionally chartered under title 

24 36, United States Code, and serves or rep25 resents veterans; 


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1 (C) recognized by the Secretary of Veteran 

2 Affairs under section 14.628 of title 38, Code 

3 of Federal Regulations (or a successor regula4 tion), as a national organization, State organi5 zation, tribal organization, or regional or local 

6 organization; or 

7 (D) an organization that has a record of 

8 demonstrating expertise in, assists in, or serves 

9 the interests of veterans in education. 

10 SEC. 3. ESTABLISHMENT OF COMMITTEE. 

11 (a) ESTABLISHMENT.—There is established a com12 mittee to be known as the ‘‘Proprietary Education Inter13 agency Oversight Coordination Committee’’ (referred to in 

14 this Act as the ‘‘Committee’’) and to be composed of the 

15 head (or the designee of such head who is designated 

16 under subsection (d)) of each of the following Federal enti17 ties: 

18 (1) The Department of Education. 

19 (2) The Consumer Financial Protection Bu20 reau. 

21 (3) The Department of Justice. 

22 (4) The Securities and Exchange Commission. 

23 (5) The Department of Defense. 

24 (6) The Department of Veterans Affairs. 

25 (7) The Federal Trade Commission. 


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1 (8) The Department of Labor. 

2 (9) The Internal Revenue Service. 

3 (10) At the discretion of the President, any 

4 other relevant Federal agency or department. 

5 (b) PURPOSES.—The Committee shall have the fol6 lowing purposes: 

7 (1) To improve enforcement of applicable Fed8 eral laws and regulations. 

9 (2) To increase accountability of proprietary in10 stitutions of higher education to students and tax11 payers. 

12 (3) To ensure the promotion of quality edu13 cation programs. 

14 (4) To reduce and prevent fraud and abuse by 

15 proprietary institutions of higher education. 

16 (c) RESPONSIBILITIES.—To meet the purposes de17 scribed in subsection (b), the Committee shall have the 

18 following responsibilities: 

19 (1) Coordinate administrative oversight of pro20 prietary institutions of higher education— 

21 (A) such that the Federal agencies rep22 resented on the Committee may develop a 

23 memorandum of understanding to specify re24 sponsibilities of each such Federal agency in 

25 creating the report under section 6; 


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1 (B) to encourage information sharing 

2 among the Federal agencies related to Federal 

3 investigations, audits, or inquiries of propri4 etary institutions of higher education; and 

5 (C) to increase coordination and coopera6 tion between Federal and State agencies, in7 cluding State Attorneys General and State ap8 proval agencies, with respect to improving over9 sight and accountability of proprietary institu10 tions of higher education. 

11 (2) Synthesize cross-agency industry data on 

12 proprietary institutions of higher education to— 

13 (A) develop an annual report under section 

14 6; 

15 (B) publish a ‘‘For-Profit College Warning 

16 List for Parents and Students’’, in accordance 

17 with section 7; and 

18 (C) develop consistency among Federal and 

19 State agencies in the dissemination of consumer 

20 information regarding proprietary institutions 

21 of higher education to ensure that students, 

22 parents, and other stakeholders have easy ac23 cess to such information. 

24 (d) MEMBERSHIP.— 


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1 (1) DESIGNEES.—The head of a Federal entity 

2 described in subsection (a) may designate a high 

3 ranking official of the entity to serve as a designee 

4 on the Committee. The designee shall be, whenever 

5 possible, the head of the portion of the entity that 

6 is most relevant to the purposes described in sub7 section (b). 

8 (2) CHAIRPERSON.—The Secretary of Edu9 cation or the designee of such Secretary shall serve 

10 as the Chairperson of the Committee. 

11 (3) COMMITTEE SUPPORT.—The Chairperson of 

12 the Committee shall ensure appropriate staff and of13 ficials at the Department of Education are available 

14 to support Committee-related work. 

15 SEC. 4. MEETINGS AND ADVISORY COMMITTEE. 

16 (a) COMMITTEE MEETINGS.—The members of the 

17 Committee shall meet regularly, but not less than once 

18 during each quarter of each fiscal year, to carry out the 

19 purposes described in section 3(b) and responsibilities de20 scribed in section 3(c). 

21 (b) PROPRIETARY EDUCATION OVERSIGHT ADVI22 SORY COMMITTEE.— 

23 (1) IN GENERAL.—The Committee shall estab24 lish a Proprietary Education Oversight Advisory 

25 Committee to advise the Proprietary Education 


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1 Interagency Oversight Coordination Committee that 

2 meets not less than twice each fiscal year. 

3 (2) FACA APPLICABILITY.—The activities of 

4 the Proprietary Education Oversight Advisory Com5 mittee shall be subject to the provisions of the Fed6 eral Advisory Committee Act (5 U.S.C. App.). 

7 (3) MEMBERSHIP.—The Proprietary Education 

8 Oversight Advisory Committee shall be composed of 

9 the following members: 

10 (A) State Attorneys General. 

11 (B) Representatives from State approval 

12 agencies. 

13 (C) Representatives from veterans service 

14 organizations. 

15 (D) Representatives from accrediting agen16 cies. 

17 (E) Representatives from civil rights orga18 nizations. 

19 (F) Representatives from proprietary insti20 tutions of higher education. 

21 (G) Consumer advocates. 

22 (H) Any additional stakeholders deemed 

23 relevant by the Proprietary Education Inter24 agency Oversight Coordination Committee to 

25 provide input and information to enable the 


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1 Proprietary Education Interagency Oversight 

2 Coordination Committee to carry out the pur3 poses described in section 3(b) and responsibil4 ities in section 3(c). 

5 SEC. 5. COLLECTION AND TRACKING OF COMPLAINTS. 

6 (a) IN GENERAL.—In consultation with the Com7 mittee, the Secretary of Education shall establish a single, 

8 toll-free telephone number, a website, and a database (or 

9 utilize an existing database) to facilitate the centralized 

10 collection of, monitoring of, and response to student com11 plaints regarding the services or activities of any propri12 etary institution of higher education eligible for Federal 

13 education assistance. The Committee shall coordinate with 

14 the Federal agencies represented on the Committee to 

15 route complaints to such agencies, where appropriate. 

16 (b) ROUTING CALLS TO STATES.—To the extent 

17 practicable, State approval agencies may receive appro18 priate complaints from the systems established under sub19 section (a), if— 

20 (1) the State approval agency system has the 

21 functional capacity to receive calls or electronic re22 ports routed by the Department of Education sys23 tems; 

24 (2) the State approval agency has satisfied any 

25 conditions of participation in the system that the 


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1 Department of Education may establish, including 

2 treatment of personally identifiable information and 

3 sharing of information on complaint resolution or re4 lated compliance procedures and resources; and 

5 (3) participation by the State approval agency 

6 includes measures necessary to provide for protec7 tion of personally identifiable information that con8 form to the standards for protection of the confiden9 tiality of personally identifiable information and for 

10 data integrity and security that apply to the Federal 

11 agencies described in subsection (c). 

12 (c) DATA SHARING REQUIRED.—To facilitate prepa13 ration of the reports required under section 6, supervision 

14 and enforcement activities, and monitoring of the market 

15 for educational services provided by any proprietary insti16 tution of higher education eligible for Federal education 

17 assistance, the Committee members shall share student 

18 complaint information with accrediting agencies, the Fed19 eral Trade Commission, other Federal agencies, and State 

20 agencies, subject to the standards applicable to Federal 

21 agencies for protection of the confidentiality of personally 

22 identifiable information and for data security and integ23 rity. The accrediting agencies, the Federal Trade Commis24 sion, and other Federal agencies shall share data relating 

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1 vided by any proprietary institution of higher education 

2 with the Department of Education, subject to the stand3 ards applicable to Federal agencies for protection of con4 fidentiality of personally identifiable information and for 

5 data security and integrity. 

6 SEC. 6. REPORT. 

7 (a) IN GENERAL.—The Committee shall submit an 

8 annual report to the Committee on Health, Education, 

9 Labor, and Pensions of the Senate, the Committee on 

10 Education and Labor of the House of Representatives, 

11 and any other committee of Congress that the Committee 

12 determines appropriate. 

13 (b) PUBLIC ACCESS.—The report described in sub14 section (a) shall be made available to the public in a man15 ner that is easily accessible to parents, students, and other 

16 stakeholders. 

17 (c) CONTENTS.— 

18 (1) IN GENERAL.—The report shall include— 

19 (A) a description of the role of each mem20 ber of the Committee in achieving the purposes 

21 described in section 3(b); 

22 (B) an accounting of any action taken by 

23 the Federal Government, any member entity of 

24 the Committee, or a State to enforce Federal or 


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1 State laws and regulations applicable to a pro2 prietary institution of higher education; 

3 (C) a summary of complaints received, re4 solved, or pending against each proprietary in5 stitution of higher education during the applica6 ble year, including— 

7 (i) student complaints collected by the 

8 complaint system established under section 

9 5 or received by any member entity of the 

10 Committee; 

11 (ii) any complaint filed by a Federal 

12 or State agency in a Federal, State, local, 

13 or tribal court; 

14 (iii) any administrative proceeding by 

15 a Federal or State agency involving non16 compliance of any applicable law or regula17 tion; 

18 (iv) any other review, audit, or admin19 istrative process by any Federal or State 

20 agency that results in a penalty, suspen21 sion, or termination from any Federal or 

22 State program; and 

23 (v) any complaint, review, audit, or 

24 administrative process initiated against the 

25 proprietary institution of higher education 


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1 by an accrediting agency or any adverse 

2 action taken by an accrediting agency dur3 ing the applicable year; 

4 (D) the data described in paragraph (2) 

5 and any other data relevant to proprietary insti6 tutions of higher education that the Committee 

7 determines appropriate; and 

8 (E) recommendations of the Committee for 

9 such legislative and administrative actions as 

10 the Committee determines are necessary to— 

11 (i) improve enforcement of applicable 

12 Federal laws; 

13 (ii) increase accountability of propri14 etary institutions of higher education to 

15 students and taxpayers; 

16 (iii) reduce and prevent fraud and 

17 abuse by proprietary institutions of higher 

18 education; and 

19 (iv) ensure the promotion of quality 

20 education programs. 

21 (2) DATA.— 

22 (A) INDUSTRY-WIDE DATA.—The report 

23 shall include data on all proprietary institutions 

24 of higher education that consists of information 

25 regarding— 


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1 (i) the total amount of Federal edu2 cation assistance that proprietary institu3 tions of higher education received for the 

4 previous academic year, and the percentage 

5 of the total amount of Federal education 

6 assistance provided to institutions of high7 er education (as defined in section 102 of 

8 the Higher Education Act of 1965 (20 

9 U.S.C. 1002)) for such previous academic 

10 year that reflects such total amount of 

11 Federal education assistance provided to 

12 proprietary institutions of higher education 

13 for such previous academic year; 

14 (ii) the total amount of Federal edu15 cation assistance that proprietary institu16 tions of higher education received for the 

17 previous academic year, disaggregated 

18 by— 

19 (I) educational assistance in the 

20 form of a loan provided under title IV 

21 of the Higher Education Act of 1965 

22 (20 U.S.C. 1070 et seq.); 

23 (II) educational assistance in the 

24 form of a grant provided under title 


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1 IV of the Higher Education Act of 

2 1965 (20 U.S.C. 1070 et seq.); 

3 (III) educational assistance pro4 vided under chapter 33 of title 38, 

5 United States Code; 

6 (IV) assistance for tuition and 

7 expenses under section 2007 of title 

8 10, United States Code; 

9 (V) assistance provided under 

10 section 1784a of title 10, United 

11 States Code; and 

12 (VI) Federal education assistance 

13 not described in subclauses (I) 

14 through (V); 

15 (iii) the percentage of the total 

16 amount of Federal education assistance 

17 provided to institutions of higher education 

18 (as defined in section 102 of the Higher 

19 Education Act of 1965 (20 U.S.C. 1002)) 

20 for such previous academic year for each of 

21 the programs described in subclauses (I) 

22 through (VI) of clause (ii) that reflects 

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1 tions of higher education for such previous 

2 academic year for each of such programs; 

3 (iv) the average retention and gradua4 tion rates for students pursuing a degree 

5 at proprietary institutions of higher edu6 cation; 

7 (v) the average cohort default rate (as 

8 defined in section 435(m) of the Higher 

9 Education Act of 1965 (20 U.S.C. 

10 1085(m)) for proprietary institutions of 

11 higher education, and list of each cohort 

12 default rate for each proprietary institution 

13 of higher education; 

14 (vi) the average pre-enrollment ex15 penditures on a per-enrolled-student basis, 

16 including expenditures on recruiting and 

17 marketing activities; 

18 (vii) the average educational and gen19 eral expenditures (as defined in section 

20 502 of the Higher Education Act of 1965 

21 (20 U.S.C. 1101a)) per student, excluding 

22 all pre-enrollment expenditures; 

23 (viii) for careers requiring the passage 

24 of a licensing examination— 


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1 (I) the passage rate of individ2 uals who attended a proprietary insti3 tution of higher education taking such 

4 examination to pursue such a career; 

5 and 

6 (II) the passage rate of all indi7 viduals taking such exam to pursue 

8 such a career; and 

9 (ix) the use of private education loans 

10 at proprietary institutions of higher edu11 cation that includes— 

12 (I) an estimate of the total num13 ber of such loans; 

14 (II) information on the average 

15 debt, default rate, and interest rate of 

16 such loans; and 

17 (III) the names of each lender 

18 providing private education loans to 

19 borrowers with respect to each propri20 etary institution of higher education 

21 in the prior academic year, includ22 ing— 

23 (aa) the number of bor24 rowers receiving loans from each 

25 lender; and 


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1 (bb) the volume of dollars 

2 provided to borrowers with re3 spect to the proprietary institu4 tion of higher education by each 

5 lender. 

6 (B) DATA ON PUBLICLY TRADED COR7 PORATIONS.— 

8 (i) IN GENERAL.—The report shall in9 clude data on proprietary institutions of 

10 higher education that are publicly traded 

11 corporations, consisting of information 

12 on— 

13 (I) any pre-tax profit of such 

14 proprietary institutions of higher edu15 cation— 

16 (aa) reported as a total 

17 amount and an average percent 

18 of revenue for all such propri19 etary institutions of higher edu20 cation; and 

21 (bb) reported for each such 

22 proprietary institution of higher 

23 education; 

24 (II) revenue for such proprietary 

25 institutions of higher education spent 


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1 on recruiting and marketing activities, 

2 student instruction, and student sup3 port services, reported— 

4 (aa) as a total amount and 

5 an average percent of revenue for 

6 all such proprietary institutions 

7 of higher education; and 

8 (bb) for each such propri9 etary institution of higher edu10 cation; 

11 (III) total compensation packages 

12 of the executive officers of each such 

13 proprietary institution of higher edu14 cation; 

15 (IV) a list of institutional loan 

16 programs offered by each such propri17 etary institution of higher education 

18 that includes information on the de19 fault and interest rates of such pro20 grams; and 

21 (V) the data described in clauses 

22 (ii) and (iii). 

23 (ii) DISAGGREGATED BY OWNER24 SHIP.—The report shall include data on 

25 proprietary institutions of higher education 


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1 that are publicly traded corporations, 

2 disaggregated by corporate or parent enti3 ty, brand name, and campus, consisting 

4 of— 

5 (I) the average total cost of at6 tendance at each such proprietary in7 stitution of higher education, and in8 formation comparing such total cost 

9 for each such program to— 

10 (aa) the average total cost of 

11 attendance— 

12 (AA) at each public in13 stitution of higher edu14 cation; and 

15 (BB) at each public in16 stitution of higher education 

17 that offers the same level of 

18 education degree or certifi19 cation as the proprietary in20 stitution of higher edu21 cation; and 

22 (bb) the average total cost 

23 of attendance— 

24 (AA) at all institutions 

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1 ing such institutions that 

2 are public and such institu3 tions that are private; and 

4 (BB) at all institutions 

5 of higher education that 

6 offer the same level of edu7 cation degree or certification 

8 as the proprietary institu9 tion of higher education, in10 cluding such institutions 

11 that are public and such in12 stitutions that are private; 

13 (II) total enrollment, 

14 disaggregated by— 

15 (aa) individuals enrolled in 

16 programs taken online; 

17 (bb) individuals enrolled in 

18 programs that are not taken on19 line; and 

20 (cc) individuals enrolled in 

21 programs taken both online and 

22 not online; 

23 (III) the average retention and 

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1 suing a degree at such proprietary in2 stitutions of higher education; 

3 (IV) the percentage of students 

4 enrolled in such proprietary institu5 tions of higher education who com6 plete a program of such an institution 

7 within— 

8 (aa) the standard period of 

9 completion for such program; and 

10 (bb) a period that is 150 

11 percent of such standard period 

12 of completion; 

13 (V) the average total cost of at14 tendance for each program at such 

15 proprietary institutions of higher edu16 cation; 

17 (VI) the average cohort default 

18 rate, as defined in section 435(m) of 

19 the Higher Education Act of 1965 (20 

20 U.S.C. 1085(m)), for such proprietary 

21 institutions of higher education, and 

22 an annual list of cohort default rates 

23 (as so defined) for all proprietary in24 stitutions of higher education; 


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1 (VII) the median Federal edu2 cational debt incurred by students 

3 who complete a program at such a 

4 proprietary institution of higher edu5 cation; 

6 (VIII) the median Federal edu7 cational debt incurred by students 

8 who start but do not complete a pro9 gram at such a proprietary institution 

10 of higher education; 

11 (IX) the job placement rate for 

12 students who complete a program at 

13 such a proprietary institution of high14 er education and the type of employ15 ment obtained by such students; 

16 (X) for careers requiring the pas17 sage of a licensing examination, the 

18 rate of individuals who attended such 

19 a proprietary institution of higher 

20 education and passed such an exam21 ination; 

22 (XI) the number of complaints 

23 from students enrolled in such propri24 etary institutions of higher education 

25 who have submitted a complaint to 


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1 any member entity of the Committee; 

2 and 

3 (XII) the volume of institutional 

4 debt, number of students who owe in5 stitutional debts, and average amount 

6 of institutional debt owed by each stu7 dent. 

8 (iii) DEPARTMENT OF DEFENSE AND

9 VETERANS AFFAIRS ASSISTANCE.— 

10 (I) IN GENERAL.—To the extent 

11 practicable, the report shall provide 

12 information on the data described in 

13 clause (ii) for individuals using, to pay 

14 for the costs of attending such a pro15 prietary institution of higher edu16 cation, Federal education assistance 

17 provided under— 

18 (aa) chapter 33 of title 38, 

19 United States Code; 

20 (bb) section 2007 of title 10, 

21 United States Code; and 

22 (cc) section 1784a of title 

23 10, United States Code. 

24 (II) REVENUE.—The report shall 

25 provide information on the revenue of 


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1 proprietary institutions of higher edu2 cation that are publicly traded cor3 porations that is derived from the 

4 Federal education assistance described 

5 in subclause (I). 

6 (C) COMPARISON DATA.—To the extent 

7 practicable, the report shall provide information 

8 comparing the data described in subparagraph 

9 (B) for proprietary institutions of higher edu10 cation that are publicly traded corporations 

11 with such data for public institutions of higher 

12 education disaggregated by State. 

13 (3) ACCOUNTING OF ANY ACTION.—For the 

14 purposes of paragraph (1)(B), the term ‘‘any ac15 tion’’ shall include— 

16 (A) a complaint filed by a Federal or State 

17 agency in a local, State, Federal, or tribal 

18 court; 

19 (B) an administrative proceeding by a 

20 Federal or State agency involving noncompli21 ance of any applicable law or regulation; or 

22 (C) any other review, audit, or administra23 tive process by any Federal or State agency 

24 that results in a penalty, suspension, or termi25 nation from any Federal or State program. 


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1 SEC. 7. FOR-PROFIT COLLEGE WARNING LIST FOR PAR2 ENTS AND STUDENTS. 

3 (a) IN GENERAL.—Each academic year, the Sec4 retary of Education on behalf of the Committee shall pub5 lish a list to be known as the ‘‘For-Profit College Warning 

6 List for Parents and Students’’ to be comprised of propri7 etary institutions of higher education— 

8 (1) that have been sued for financial relief by 

9 a Federal or State authority, or through a qui tam 

10 action in which the Federal Government has inter11 vened; 

12 (2) that are required to pay a debt or incur a 

13 liability from a settlement, arbitration proceeding, or 

14 final judgment in a judicial proceeding with a Fed15 eral or State agency and the case addresses mis16 representation, fraud, liability under sections 3729 

17 through 3733 of title 31, United States Code (com18 monly known as the ‘‘False Claims Act’’), or other 

19 borrower defense to repayment claims; 

20 (3) that have pending claims for borrower relief 

21 discharge under the borrower defense to repayment 

22 regulations from students or former students of the 

23 institution and the Secretary of Education has 

24 formed a group process to consider the claims; 

25 (4) that have had any eligibility for participa26 tion withdrawn or suspended with respect to— 


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1 (A) educational assistance in the form of a 

2 loan provided under title IV of the Higher Edu3 cation Act of 1965 (20 U.S.C. 1070 et seq.); 

4 (B) educational assistance in the form of a 

5 grant provided under title IV of the Higher 

6 Education Act of 1965 (20 U.S.C. 1070 et 

7 seq.); 

8 (C) educational assistance provided under 

9 chapter 33 of title 38, United States Code; 

10 (D) assistance for tuition and expenses 

11 under section 2007 of title 10, United States 

12 Code; 

13 (E) assistance provided under section 

14 1784a of title 10, United States Code; or 

15 (F) Federal education assistance not de16 scribed in subparagraphs (A) through (E); or 

17 (5) that have been deemed ineligible to receive 

18 Federal education assistance for the next year or re19 quired to repay Federal education assistance pre20 viously received in applicable report year. 

21 (b) SUMMARY.—The For-Profit College Warning List 

22 for Parents and Students shall include a summary in plain 

23 language of the basis of each proprietary institution of 

24 higher education’s inclusion on the list. 


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1 (c) PROCEDURES.—The Committee shall establish 

2 and apply review procedures for the For-Profit College 

3 Warning List for Parents and Students, including evalua4 tion and withdrawal proceedings that provide— 

5 (1) for adequate written specification of— 

6 (A) the procedure for identifying propri7 etary intuitions of higher education for inclu8 sion on the list; and 

9 (B) identified deficiencies at the propri10 etary institutions of higher education; and 

11 (2) for sufficient opportunity for a written re12 sponse by a proprietary institution of higher edu13 cation regarding any deficiencies identified by the 

14 Committee— 

15 (A) within a timeframe determined by the 

16 Committee; and 

17 (B) prior to the final publication of the 

18 For-Profit College Warning List for Parents 

19 and Students. 

20 (d) PUBLICATION.—Not later than July 1 of each fis21 cal year, on behalf of the Committee, the Secretary of 

22 Education shall publish the For-Profit College Warning 

23 List for Parents and Students prominently and in a man24 ner that is easily accessible to parents, current students, 

25 prospective students, and other stakeholders. The SecVerDate Sep 11 2014 06:12 Dec 01, 2022 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S5155.IS S5155

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1 retary of Education may incorporate the For-Profit Col2 lege Warning List for Parents and Students into pre3 existing, widely used platforms. 

Æ 


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