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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3727 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 3727

To establish the Proprietary Education Interagency Oversight Committee 
and to 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

                            February 1, 2024

 Mr. Durbin (for himself, Ms. Smith, Mr. Blumenthal, Mr. Merkley, and 
  Ms. Warren) 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 Committee 
and to facilitate the disclosure and reporting of information regarding 
 complaints and investigations related to proprietary institutions of 
   higher education eligible to receive Federal education assistance.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Proprietary Education Oversight Task 
Force Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Accrediting agency.--The term ``accrediting agency'' 
        means a private educational association that acts as a reliable 
        authority on the quality of education or training provided by 
        an institution of higher education and is recognized by the 
        Secretary under section 496 of the Higher Education Act of 1965 
        (20 U.S.C. 1099b).
            (2) Department.--Unless otherwise expressly provided, the 
        term ``Department'' means the Department of Education.
            (3) Executive officer.--The term ``executive officer'', 
        with respect to a proprietary institution of higher education 
        that is a publicly traded corporation, means--
                    (A) the president of the corporation;
                    (B) a vice president of the corporation who is in 
                charge of a principal business unit, division, or 
                function of the corporation, such as sales, 
                administration, or finance; or
                    (C) any other officer or person who performs a 
                policy-making function for the corporation, including 
                an executive officer of a subsidiary of the corporation 
                if the officer performs a policy making function for 
                the corporation.
            (4) Federal education assistance.--The term ``Federal 
        education assistance'' when used with respect to a proprietary 
        institution of higher education, means Federal funds that are 
        disbursed or delivered by the Department, the Department of 
        Veterans Affairs, or the Department of Defense to, or on behalf 
        of, a student to be used for tuition, fees, instruction, or any 
        other component of the student's cost of attendance (as defined 
        in section 472 of the Higher Education Act of 1965 (20 U.S.C. 
        1087ll)) to attend the institution.
            (5) Institutional debt.--The term ``institutional debt'' 
        means any debt owed by a student or the parent of a student to 
        an institution of higher education, including--
                    (A) debt owed through a private loan program, 
                income-share agreement, or other financing product 
                operated by the institution;
                    (B) debt owed from a return of student assistance 
                made, insured, or guaranteed under title IV of the 
                Higher Education Act 1965 (20 U.S.C. 1070 et seq.) to 
                the Department; and
                    (C) debt owed from the student's nonpayment of 
                institutional charges or fees.
            (6) Private education loan.--The term ``private education 
        loan''--
                    (A) means a loan provided by a private educational 
                lender (as defined in section 140(a) of the Truth in 
                Lending Act (15 U.S.C. 1650(a))) that--
                            (i) is not made, insured, or guaranteed 
                        under title IV of the Higher Education Act of 
                        1965 (20 U.S.C. 1070 et seq.);
                            (ii) is issued expressly for postsecondary 
                        educational expenses to a borrower, regardless 
                        of whether the loan is provided through the 
                        educational institution that the subject 
                        student attends or directly to the borrower 
                        from the private educational lender (as so 
                        defined); and
                            (iii) is not made, insured, or guaranteed 
                        under title VII or title VIII of the Public 
                        Health Service Act (42 U.S.C. 292 et seq. and 
                        296 et seq.); and
                    (B) does not include an extension of credit under 
                an open-end consumer credit plan, a reverse mortgage 
                transaction, a residential mortgage transaction, or any 
                other loan that is secured by real property or a 
                dwelling.
            (7) Proprietary institution of higher education.--The term 
        ``proprietary institution of higher education'' has the meaning 
        given the term in section 102(b) of the Higher Education Act of 
        1965 (20 U.S.C. 1002(b)).
            (8) Recruiting and marketing activities.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``recruiting and marketing activities'' 
                means activities that include any of the following:
                            (i) Advertising and promotional activities, 
                        including paid announcements in newspapers, 
                        magazines, radio, television, billboards, 
                        electronic media, naming rights, or any other 
                        public medium of communication, including 
                        paying for displays or promotions at job fairs, 
                        military installations, or college recruiting 
                        events, that are made directly or indirectly to 
                        a student, a prospective student, the public, 
                        an accrediting agency, a State agency, or to 
                        the Secretary by a proprietary institution of 
                        higher education, one of its representatives, 
                        or any person with whom the institution has an 
                        agreement to provide educational programs, 
                        advertising, or admissions services.
                            (ii) Misleading statement, 
                        misrepresentation, and substantial 
                        misrepresentation (as defined in section 
                        668.71(c) of title 34, Code of Federal 
                        Regulations, or any successor regulation).
                            (iii) Efforts to identify and attract 
                        prospective students, either directly or 
                        through a contractor or other third party, 
                        including contact concerning a prospective 
                        student's potential enrollment or application 
                        for a grant, a loan, or work assistance under 
                        title IV of the Higher Education Act of 1965 
                        (20 U.S.C. 1070 et seq.) or participation in 
                        preadmission or advising activities, including 
                        soliciting an individual to provide contact 
                        information to a proprietary institution of 
                        higher education, including through websites 
                        established for that purpose and funds paid to 
                        third parties for that purpose.
                            (iv) Other activities as the Secretary may 
                        prescribe, including paying for promotion or 
                        sponsorship of education or military-related 
                        associations.
                    (B) Exceptions.--Any activity that is required as a 
                condition of the receipt of funds by an institution of 
                higher education under title IV of the Higher Education 
                Act of 1965 (20 U.S.C. 1070 et seq.), is specifically 
                authorized under that title, or is otherwise specified 
                by the Secretary, is not a recruiting and marketing 
                activity under subparagraph (A).
            (9) Secretary.--Unless otherwise expressly provided, the 
        term ``Secretary'' means the Secretary of Education.
            (10) State approval agency.--The term ``State approval 
        agency'' means any State agency that determines whether an 
        institution of higher education is legally authorized within 
        the State to provide a program of education beyond secondary 
        education.
            (11) Veterans service organization.--The term ``veterans 
        service organization'' means an organization that is--
                    (A) recognized by the Secretary of Veterans Affairs 
                for the representation of veterans under section 5902 
                of title 38, United States Code;
                    (B) congressionally chartered under title 36, 
                United States Code, and serves or represents veterans;
                    (C) recognized by the Secretary of Veteran Affairs 
                under section 14.628 of title 38, Code of Federal 
                Regulations (or a successor regulation), as a national 
                organization, State organization, tribal organization, 
                or regional or local organization; or
                    (D) an organization that has a record of 
                demonstrating expertise in, assists in, or serves the 
                interests of veterans in education.

SEC. 3. ESTABLISHMENT OF PROPRIETARY EDUCATION INTERAGENCY OVERSIGHT 
              COMMITTEE.

    (a) Establishment.--There is established the Proprietary Education 
Interagency Oversight Committee (referred to in this Act as the 
``Committee'') to be composed of the head (or the designee of the head 
who is designated under subsection (d)) of each of the following:
            (1) The Department.
            (2) The Consumer Financial Protection Bureau.
            (3) The Department of Justice.
            (4) The Securities and Exchange Commission.
            (5) The Department of Defense.
            (6) The Department of Veterans Affairs.
            (7) The Federal Trade Commission.
            (8) The Department of Labor.
            (9) The Internal Revenue Service.
            (10) At the discretion of the President, any other relevant 
        Federal agency.
    (b) Purposes.--The Committee shall have the following purposes:
            (1) To improve enforcement of applicable Federal laws and 
        regulations.
            (2) To increase accountability of proprietary institutions 
        of higher education to students and taxpayers.
            (3) To ensure the promotion of high-quality education 
        programs.
            (4) To reduce and prevent fraud and abuse by proprietary 
        institutions of higher education.
    (c) Responsibilities.--To meet the purposes described in subsection 
(b), the Committee shall--
            (1) coordinate administrative oversight of proprietary 
        institutions of higher education--
                    (A) such that the Federal agencies represented on 
                the Committee may develop a memorandum of understanding 
                to specify responsibilities of each of those agencies 
                in creating the report under section 6;
                    (B) to encourage information-sharing, to the extent 
                practicable, among those agencies related to Federal 
                investigations, audits, or inquiries of proprietary 
                institutions of higher education; and
                    (C) to increase coordination and cooperation 
                between Federal and State agencies, including State 
                Attorneys General and State approval agencies, with 
                respect to improving oversight and accountability of 
                proprietary institutions of higher education; and
            (2) synthesize cross-agency industry data on proprietary 
        institutions of higher education to--
                    (A) develop an annual report under section 6;
                    (B) publish a ``For-Profit College Warning List for 
                Parents and Students'', in accordance with section 7; 
                and
                    (C) develop consistency among Federal and State 
                agencies in the dissemination of consumer information 
                regarding proprietary institutions of higher education 
                to ensure that students, parents, and other 
                stakeholders have easy access to that information.
    (d) Membership.--
            (1) Designees.--The head of a Federal agency listed in 
        subsection (a) may designate a high-ranking official of the 
        agency to serve as a designee on the Committee. The designee 
        shall be, whenever possible, the head of the portion of the 
        agency that is most relevant to the purposes described in 
        subsection (b).
            (2) Chairperson.--The Secretary or the Secretary's designee 
        shall serve as the Chairperson of the Committee.
            (3) Committee support.--The Chairperson of the Committee 
        shall ensure that appropriate staff and officials at the 
        Department are available to support Committee-related work.
    (e) Committee Meetings.--The members of the Committee shall meet 
regularly, but not less often than once during each quarter of each 
fiscal year, to carry out the purposes described in subsection (b) and 
the responsibilities described in subsection (c).
    (f) Notification to Individuals Who Submit Complaints.--The head of 
each Federal agency listed in subsection (a) shall notify each 
individual who submits to the Federal agency a complaint with respect 
to a proprietary institution of higher education that information from 
the complaint may be used to carry out the purposes described in 
subsection (b).

SEC. 4. PROPRIETARY EDUCATION OVERSIGHT ADVISORY COMMITTEE.

    (a) In General.--The Department shall establish a Proprietary 
Education Oversight Advisory Committee (referred to in this Act as the 
``Advisory Committee'') to advise the Committee. The Advisory Committee 
shall meet not less often than twice each fiscal year.
    (b) FACA Applicability.--The Advisory Committee shall be subject to 
chapter 10 of title 5, United States Code (commonly referred to as the 
``Federal Advisory Committee Act'').
    (c) Membership.--
            (1) In general.--The Advisory Committee shall have 13 
        members, of which--
                    (A) 4 members shall be representatives from State 
                attorneys general--
                            (i) 2 of whom shall be appointed by the 
                        Speaker of the House of Representatives, 1 of 
                        whom shall be appointed on the recommendation 
                        of the majority leader of the House of 
                        Representatives, and 1 of whom shall be 
                        appointed on the recommendation of the minority 
                        leader of the House of Representatives; and
                            (ii) 2 of whom shall be appointed by the 
                        President pro tempore of the Senate, 1 of whom 
                        shall be appointed on the recommendation of the 
                        majority leader of the Senate, and 1 of whom 
                        shall be appointed on the recommendation of the 
                        minority leader of the Senate; and
                    (B) 9 members shall be appointed by the Secretary, 
                of whom--
                            (i) 1 member shall be a representative from 
                        a State approval agency;
                            (ii) 1 member shall be a representative 
                        from a veterans service organization;
                            (iii) 1 member shall be a representative 
                        from an accrediting agency;
                            (iv) 1 member shall be a representative 
                        from a civil rights organization;
                            (v) 1 member shall be a representative from 
                        a proprietary institution of higher education;
                            (vi) 1 member shall be a current student of 
                        a proprietary institution of higher education 
                        who is a dependent student;
                            (vii) 1 member shall be a current student 
                        of a proprietary institution of higher 
                        education who is an independent student;
                            (viii) 1 member shall be a representative 
                        from a consumer advocate organization; and
                            (ix) 1 member shall be a representative 
                        from a legal assistance organization that 
                        represents students or borrowers.
            (2) Qualifications.--Individuals shall be appointed as 
        members of the Advisory Committee--
                    (A) on the basis of the individuals' experience, 
                integrity, impartiality, and good judgment; and
                    (B) on the basis of the individuals' technical 
                qualifications, professional standing, and demonstrated 
                knowledge in the field of proprietary education.
            (3) Terms of members.--The term of office of each member of 
        the Advisory Committee shall be for 6 years, except that any 
        member appointed to fill a vacancy occurring prior to the 
        expiration of the term for which the member's predecessor was 
        appointed shall be appointed for the remainder of such term.
            (4) Vacancy.--A vacancy on the Advisory Committee shall be 
        filled in the same manner as the original appointment was made 
        not later than 90 days after the vacancy occurs. If a vacancy 
        occurs in a position to be filled by the Secretary, the 
        Secretary shall publish a Federal Register notice soliciting 
        nominations for the position not later than 30 days after being 
        notified of the vacancy.
    (d) Duties.--The Advisory Committee shall provide advice and 
recommendations to the Committee with respect to--
            (1) complaints filed against proprietary institutions of 
        higher education with State attorneys general or State approval 
        agencies;
            (2) State enforcement actions against proprietary 
        institutions of higher education;
            (3) minority enrollment in proprietary institutions of 
        higher education;
            (4) veteran enrollment in proprietary institutions of 
        higher education;
            (5) outcome measures at proprietary institutions of higher 
        education, including graduation rates, percent of graduates 
        earning more than a high school graduate, and licensure pass 
        rates;
            (6) student loan burden from enrollment at proprietary 
        institutions of higher education, including median amount owed 
        disaggregated by degree type, cohort default rate, and percent 
        of students in repayment;
            (7) marketing and recruitment practices at proprietary 
        institutions of higher education;
            (8) per pupil expenditure for instructional purposes at 
        proprietary institutions of higher education;
            (9) enforcement actions the Federal Government should take 
        against proprietary institutions of higher education; and
            (10) preparation of the report under section 6.
    (e) Sharing of Data From Complaints.--To carry out the duties 
described under subsection (d), the Advisory Committee may share among 
the members of the Advisory Committee and the Committee information 
from complaints filed against proprietary institutions of higher 
education consistent with the protection of the privacy and 
confidentiality of personally identifiable information.

SEC. 5. COLLECTION AND TRACKING OF COMPLAINTS.

    (a) In General.--
            (1) Centralized collection, monitoring, and response.--In 
        consultation with the Committee, the Secretary shall establish 
        a single, toll-free telephone number, a website, and a database 
        (or use an existing database) to facilitate the centralized 
        collection of, monitoring of, and response to student 
        complaints regarding the services or activities of any 
        proprietary institution of higher education that is eligible 
        for Federal education assistance.
            (2) Coordination.--The Committee shall coordinate with the 
        Federal agencies represented on the Committee to route 
        complaints to those agencies, where appropriate, and consistent 
        with--
                    (A) the protection of the privacy and 
                confidentiality of personally identifiable information; 
                and
                    (B) data security and integrity.
    (b) Use of Complaint Information.--Information collected from 
complaints under subsection (a) shall be used--
            (1) to facilitate coordination among the Federal agencies 
        represented on the Committee;
            (2) to facilitate investigations and enforcement actions 
        against proprietary institutions of higher education;
            (3) to prepare the report under section 6; and
            (4) to prepare the For-Profit College Warning List for 
        Parents and Students under section 7.
    (c) Routing Complaints to States.--To the extent practicable, State 
approval agencies may receive appropriate complaints from the systems 
established under subsection (a), if--
            (1) the State approval agency system has the functional 
        capacity to receive calls or electronic reports routed by the 
        systems of the Department;
            (2) the State approval agency has satisfied any conditions 
        of participation in the system that the Department may 
        establish, including treatment of personally identifiable 
        information and sharing of information on complaint resolution 
        or related compliance procedures and resources; and
            (3) participation by the State approval agency includes 
        measures necessary to provide for protection of personally 
        identifiable information that conform to the Federal laws and 
        standards for protection of the privacy and confidentiality of 
        personally identifiable information and for data integrity and 
        security that apply to the Federal agencies described in 
        subsection (d).
    (d) Data-Sharing Required.--
            (1) In general.--To facilitate preparation of the reports 
        required under section 6, supervision and enforcement 
        activities, and monitoring of the market for educational 
        services provided by any proprietary institution of higher 
        education that is eligible for Federal education assistance, 
        the Committee members shall share student complaint information 
        with accrediting agencies, the Federal Trade Commission, other 
        Federal agencies, and State agencies, subject to the Federal 
        laws and standards applicable to Federal agencies for the 
        protection of the privacy and confidentiality of personally 
        identifiable information and for data security and integrity.
            (2) Sharing of data with the department.--The accrediting 
        agencies, the Federal Trade Commission, and other Federal 
        agencies shall share data relating to student complaints 
        regarding educational services provided by any proprietary 
        institution of higher education with the Department, subject to 
        the Federal laws and standards applicable to Federal agencies 
        for the protection of the privacy and confidentiality of 
        personally identifiable information and for data security and 
        integrity.

SEC. 6. REPORT.

    (a) In General.--The Committee shall submit an annual report to the 
Committee on Health, Education, Labor, and Pensions of the Senate, the 
Committee on Education and the Workforce of the House of 
Representatives, and any other committee of Congress that the Committee 
determines appropriate.
    (b) Confidentiality and Public Access.--The report described in 
subsection (a)--
            (1) shall not contain any personally identifiable 
        information; and
            (2) shall be made available to the public in a manner that 
        is easily accessible to parents, students, and other 
        stakeholders.
    (c) Contents.--
            (1) In general.--The report described in subsection (a) 
        shall include--
                    (A) a description of the role of each member of the 
                Committee in achieving the purposes described in 
                section 3(b);
                    (B) an accounting of any negative or adverse action 
                taken by the Federal Government, any member agency of 
                the Committee, or a State to enforce Federal or State 
                laws and regulations applicable to a proprietary 
                institution of higher education;
                    (C) a summary of complaints received, resolved, or 
                pending against each proprietary institution of higher 
                education during the applicable year, including--
                            (i) student complaints collected by the 
                        complaint system established under section 5 or 
                        received by any member agency of the Committee;
                            (ii) any complaint filed by a Federal or 
                        State agency in a Federal, State, local, or 
                        Tribal court;
                            (iii) any administrative proceeding by a 
                        Federal or State agency involving noncompliance 
                        of any applicable law or regulation;
                            (iv) any other review, audit, or 
                        administrative process by any Federal or State 
                        agency that results in a penalty, suspension, 
                        or termination from any Federal or State 
                        program; and
                            (v) any complaint, review, audit, or 
                        administrative process by an accrediting agency 
                        that results in probation or equivalent action, 
                        denial, withdrawal, suspension, or termination 
                        of accreditation;
                    (D) the data described in paragraph (2) and any 
                other data relevant to proprietary institutions of 
                higher education that the Committee determines 
                appropriate; and
                    (E) recommendations of the Committee for the 
                legislative and administrative actions as the Committee 
                determines are necessary to--
                            (i) improve enforcement of applicable 
                        Federal laws;
                            (ii) increase accountability of proprietary 
                        institutions of higher education to students, 
                        parents, and taxpayers;
                            (iii) reduce and prevent fraud and abuse by 
                        proprietary institutions of higher education; 
                        and
                            (iv) ensure the promotion of quality 
                        education programs.
            (2) Data.--
                    (A) Industry-wide data.--The report described in 
                subsection (a) shall include data on all proprietary 
                institutions of higher education that consists of 
                information regarding--
                            (i) the total amount of Federal education 
                        assistance that proprietary institutions of 
                        higher education received for the previous 
                        academic year, and the percentage of the total 
                        amount of Federal education assistance provided 
                        to institutions of higher education (as defined 
                        in section 102 of the Higher Education Act of 
                        1965 (20 U.S.C. 1002)) for the previous 
                        academic year that reflects the total amount of 
                        Federal education assistance provided to 
                        proprietary institutions of higher education 
                        for the previous academic year;
                            (ii) the total amount of Federal education 
                        assistance that proprietary institutions of 
                        higher education received for the previous 
                        academic year, disaggregated by--
                                    (I) educational assistance in the 
                                form of a loan provided under title IV 
                                of the Higher Education Act of 1965 (20 
                                U.S.C. 1070 et seq.);
                                    (II) educational assistance in the 
                                form of a grant provided under title IV 
                                of the Higher Education Act of 1965 (20 
                                U.S.C. 1070 et seq.);
                                    (III) educational assistance 
                                provided under chapter 33 of title 38, 
                                United States Code;
                                    (IV) assistance for tuition and 
                                expenses under section 2007 of title 
                                10, United States Code;
                                    (V) assistance provided under 
                                section 1784a of title 10, United 
                                States Code; and
                                    (VI) Federal education assistance 
                                not described in subclauses (I) through 
                                (V);
                            (iii) the percentage of the total amount of 
                        Federal education assistance provided to 
                        institutions of higher education (as defined in 
                        section 102 of the Higher Education Act of 1965 
                        (20 U.S.C. 1002)) for the previous academic 
                        year for each of the programs described in 
                        subclauses (I) through (VI) of clause (ii), 
                        that reflects the total amount of Federal 
                        education assistance provided to proprietary 
                        institutions of higher education for the 
                        previous academic year for each of those 
                        programs;
                            (iv) the average retention and graduation 
                        rates for students pursuing a degree at 
                        proprietary institutions of higher education;
                            (v) the average cohort default rate (as 
                        defined in section 435(m) of the Higher 
                        Education Act of 1965 (20 U.S.C. 1085(m)) for 
                        proprietary institutions of higher education, 
                        and the cohort default rate for each 
                        proprietary institution of higher education;
                            (vi) the average pre-enrollment 
                        expenditures on a per-enrolled-student basis, 
                        including expenditures on recruiting and 
                        marketing activities;
                            (vii) the average educational and general 
                        expenditures (as defined in section 502 of the 
                        Higher Education Act of 1965 (20 U.S.C. 1101a)) 
                        per student, excluding all pre-enrollment 
                        expenditures;
                            (viii) for careers requiring the passage of 
                        a licensing examination--
                                    (I) the passing rate of individuals 
                                who attended a proprietary institution 
                                of higher education taking the 
                                examination to pursue such a career; 
                                and
                                    (II) the passing rate of all 
                                individuals taking the exam to pursue 
                                such a career; and
                            (ix) the use of private education loans at 
                        proprietary institutions of higher education 
                        that includes--
                                    (I) an estimate of the total number 
                                of those loans;
                                    (II) information on the average 
                                debt, default rate, and interest rate 
                                of those loans; and
                                    (III) the names of each lender 
                                providing private education loans to 
                                borrowers with respect to each 
                                proprietary institution of higher 
                                education in the prior academic year, 
                                including--
                                            (aa) the number of 
                                        borrowers receiving loans from 
                                        each lender; and
                                            (bb) the volume of dollars 
                                        provided to borrowers with 
                                        respect to the proprietary 
                                        institution of higher education 
                                        by each lender.
                    (B) Data on publicly traded corporations.--
                            (i) In general.--The report described in 
                        subsection (a) shall include data on 
                        proprietary institutions of higher education 
                        that are publicly traded corporations, 
                        consisting of information on--
                                    (I) any pre-tax profit of those 
                                proprietary institutions of higher 
                                education--
                                            (aa) reported as a total 
                                        amount and an average percent 
                                        of revenue for all those 
                                        proprietary institutions of 
                                        higher education; and
                                            (bb) reported for each of 
                                        those proprietary institutions 
                                        of higher education;
                                    (II) revenue for those proprietary 
                                institutions of higher education spent 
                                on recruiting and marketing activities, 
                                student instruction, and student 
                                support services, reported--
                                            (aa) as a total amount and 
                                        an average percentage of 
                                        revenue for all those 
                                        proprietary institutions of 
                                        higher education; and
                                            (bb) for each of those 
                                        proprietary institutions of 
                                        higher education;
                                    (III) total compensation packages, 
                                including bonuses, of the executive 
                                officers of each of those proprietary 
                                institutions of higher education;
                                    (IV) a list of institutional loan 
                                programs offered by each of those 
                                proprietary institutions of higher 
                                education that includes information on 
                                the default and interest rates of those 
                                programs; and
                                    (V) the data described in clauses 
                                (ii) and (iii).
                            (ii) Disaggregated by ownership.--The 
                        report shall include data on proprietary 
                        institutions of higher education that are 
                        publicly traded corporations, disaggregated by 
                        corporate or parent entity, brand name, and 
                        campus, consisting of--
                                    (I) the average total cost of 
                                attendance at each proprietary 
                                institution of higher education, and 
                                information comparing the total cost 
                                for each program to--
                                            (aa) the average total cost 
                                        of attendance--

                                                    (AA) at each public 
                                                institution of higher 
                                                education; and

                                                    (BB) at each public 
                                                institution of higher 
                                                education that offers 
                                                the same level of 
                                                education degree or 
                                                certification as the 
                                                proprietary institution 
                                                of higher education; 
                                                and

                                            (bb) the average total cost 
                                        of attendance--

                                                    (AA) at all 
                                                institutions of higher 
                                                education, including 
                                                institutions that are 
                                                public and institutions 
                                                that are private; and

                                                    (BB) at all 
                                                institutions of higher 
                                                education that offer 
                                                the same level of 
                                                education degree or 
                                                certification as the 
                                                proprietary institution 
                                                of higher education, 
                                                including institutions 
                                                that are public and 
                                                institutions that are 
                                                private;

                                    (II) total enrollment, 
                                disaggregated by--
                                            (aa) individuals enrolled 
                                        in programs taken online;
                                            (bb) individuals enrolled 
                                        in programs that are not taken 
                                        online; and
                                            (cc) individuals enrolled 
                                        in programs taken both online 
                                        and not online;
                                    (III) the average retention and 
                                graduation rates for students pursuing 
                                a degree at proprietary institutions of 
                                higher education;
                                    (IV) the percentage of students 
                                enrolled in proprietary institutions of 
                                higher education who complete a program 
                                of an institution within--
                                            (aa) the standard period of 
                                        completion for the program; and
                                            (bb) a period that is 150 
                                        percent of the standard period 
                                        of completion;
                                    (V) the average total cost of 
                                attendance for each program at 
                                proprietary institutions of higher 
                                education;
                                    (VI) the average cohort default 
                                rate, as defined in section 435(m) of 
                                the Higher Education Act of 1965 (20 
                                U.S.C. 1085(m)), for proprietary 
                                institutions of higher education, and 
                                an annual list of cohort default rates 
                                (as so defined) for all proprietary 
                                institutions of higher education;
                                    (VII) the median Federal 
                                educational debt incurred by students 
                                who complete a program at a proprietary 
                                institution of higher education;
                                    (VIII) the median Federal 
                                educational debt incurred by students 
                                who start but do not complete a program 
                                at a proprietary institution of higher 
                                education;
                                    (IX) the job placement rate for 
                                students who complete a program at a 
                                proprietary institution of higher 
                                education and the type of employment 
                                obtained by those students;
                                    (X) for careers requiring the 
                                passage of a licensing examination, the 
                                passing rate for individuals who 
                                attended a proprietary institution of 
                                higher education and passed the 
                                examination;
                                    (XI) the number of complaints from 
                                students enrolled in proprietary 
                                institutions of higher education who 
                                have submitted a complaint to any 
                                member agency of the Committee; and
                                    (XII) the volume of institutional 
                                debt, number of students who owe 
                                institutional debts, and average amount 
                                of institutional debt owed by each 
                                student.
                            (iii) Department of defense and veterans 
                        affairs assistance.--
                                    (I) In general.--To the extent 
                                practicable, the report described in 
                                subsection (a) shall provide 
                                information on the data described in 
                                clause (ii) for individuals using, to 
                                pay for the costs of attending a 
                                proprietary institution of higher 
                                education, Federal education assistance 
                                provided under--
                                            (aa) chapter 33 of title 
                                        38, United States Code;
                                            (bb) section 2007 of title 
                                        10, United States Code; and
                                            (cc) section 1784a of title 
                                        10, United States Code.
                                    (II) Revenue.--The report shall 
                                provide information on the revenue of 
                                proprietary institutions of higher 
                                education that are publicly traded 
                                corporations that is derived from the 
                                Federal education assistance described 
                                in subclause (I).
                    (C) Comparison data.--To the extent practicable, 
                the report shall provide information comparing the data 
                described in subparagraph (B) for proprietary 
                institutions of higher education that are publicly 
                traded corporations with data for public institutions 
                of higher education disaggregated by State.
            (3) Accounting of any action.--As used in paragraph (1)(B), 
        the term ``any negative or adverse action'' includes--
                    (A) a complaint filed by a Federal or State agency 
                in a local, State, Federal, or Tribal court;
                    (B) an administrative proceeding by a Federal or 
                State agency involving noncompliance with any 
                applicable law or regulation; or
                    (C) any other review, audit, or administrative 
                process by any Federal or State agency that results in 
                a penalty, suspension, or termination from any Federal 
                or State program.

SEC. 7. FOR-PROFIT COLLEGE WARNING LIST FOR PARENTS AND STUDENTS.

    (a) In General.--Each academic year, the Secretary on behalf of the 
Committee shall publish a list to be known as the ``For-Profit College 
Warning List for Parents and Students'' to be comprised of the names of 
proprietary institutions of higher education--
            (1) that have been sued for financial relief by a Federal 
        or State authority, or through a qui tam action in which the 
        Federal Government has intervened;
            (2) that are required to pay a debt or incur a liability 
        from a settlement, arbitration proceeding, or final judgment in 
        a judicial proceeding with a Federal or State agency and the 
        case addresses misrepresentation, fraud, liability under 
        sections 3729 through 3733 of title 31, United States Code 
        (commonly known as the ``False Claims Act''), or other 
        borrower-defense-to-repayment claims;
            (3) that have pending claims for borrower relief discharge 
        under the borrower defense to repayment regulations from 
        students or former students of the institution and the 
        Secretary has formed a group process to consider the claims;
            (4) that have had any eligibility for participation 
        withdrawn or suspended with respect to--
                    (A) educational assistance in the form of a loan 
                provided under title IV of the Higher Education Act of 
                1965 (20 U.S.C. 1070 et seq.);
                    (B) educational assistance in the form of a grant 
                provided under title IV of the Higher Education Act of 
                1965 (20 U.S.C. 1070 et seq.);
                    (C) educational assistance provided under chapter 
                33 of title 38, United States Code;
                    (D) assistance for tuition and expenses under 
                section 2007 of title 10, United States Code;
                    (E) assistance provided under section 1784a of 
                title 10, United States Code; or
                    (F) Federal education assistance not described in 
                subparagraphs (A) through (E); or
            (5) that have been deemed ineligible to receive Federal 
        education assistance for the next year or required to repay 
        Federal education assistance previously received in an 
        applicable report year.
    (b) Summary.--The For-Profit College Warning List for Parents and 
Students shall include a summary in plain language of the basis of each 
proprietary institution of higher education's inclusion on the list.
    (c) Procedures.--The Committee shall establish and apply review 
procedures for the For-Profit College Warning List for Parents and 
Students, including evaluation and withdrawal proceedings that 
provide--
            (1) for adequate written specification of--
                    (A) the procedure for identifying proprietary 
                intuitions of higher education for inclusion on the 
                list; and
                    (B) identified deficiencies at the proprietary 
                institutions of higher education; and
            (2) for sufficient opportunity for a written response by a 
        proprietary institution of higher education regarding any 
        deficiencies identified by the Committee--
                    (A) within a timeframe determined by the Committee; 
                and
                    (B) prior to the final publication of the For-
                Profit College Warning List for Parents and Students.
    (d) Publication.--
            (1) In general.--Not later than July 1 of each fiscal year, 
        on behalf of the Committee, the Secretary shall publish the 
        For-Profit College Warning List for Parents and Students 
        prominently and in a manner that--
                    (A) is easily accessible to parents, current 
                students, prospective students, and other stakeholders; 
                and
                    (B) does not contain any personally identifiable 
                information.
            (2) Use of preexisting platform.--The Secretary may 
        incorporate the For-Profit College Warning List for Parents and 
        Students into preexisting, widely used platforms.
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