547 
‘‘(A) IN GENERAL.—A married couple, or 2 
individuals who were previously a married cou-
ple, and who received a joint consolidation loan 
as such married couple under subparagraph (C) 
of section 428C(a)(3) (as such subparagraph was 
in effect on or before June 30, 2006), may apply 
to the Secretary for each individual borrower in 
the married couple (or previously married cou-
ple) to receive a separate Federal Direct Consoli-
dation Loan under this part— 
‘‘(i) that shall— 
‘‘(I) unless the Secretary receives 
notice of an agreement described in 
subclause (II)(aa), be equal to the sum 
of— 
‘‘(aa) the unpaid principal 
and accrued unpaid interest of the 
percentage of the joint consolida-
tion loan that, as of the day before 
such joint consolidation loan was 
made, was attributable to the 
loans of the individual borrower 
for whom such separate consolida-
tion loan is being made; and 
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548 
‘‘(bb) any other loans de-
scribed in section 428C(a)(4) that 
such individual borrower selects 
for consolidation under this part; 
or 
‘‘(II) be equal to the sum of— 
‘‘(aa) the unpaid principal 
and accrued unpaid interest of the 
percentage of the joint consolida-
tion loan that, as of the date of 
application under this paragraph, 
the married couple (or previously 
married couple) agrees shall be 
considered 
attributable 
to 
the 
loans of the individual borrower 
for whom such separate consolida-
tion loan is being made; and 
‘‘(bb) any other loans de-
scribed in section 428C(a)(4) that 
such individual borrower selects 
for consolidation under this part; 
‘‘(ii) the proceeds of which shall be 
paid by the Secretary to the holder or hold-
ers— 
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549 
‘‘(I) of the joint consolidation loan 
for the purpose of discharging the li-
ability on the percentage of such joint 
consolidation loan described in sub-
clause (I)(aa) or (II)(aa) of clause (i); 
and 
‘‘(II) of the loans selected for con-
solidation under subclause (I)(bb) or 
subclause (II)(bb) of clause (i) for the 
purpose of discharging the liability on 
such loans; 
‘‘(iii) except as otherwise provided in 
this paragraph, that has the same terms 
and conditions, and rate of interest as the 
joint consolidation loan; 
‘‘(iv) for which any payment made 
under section 455(m)(1)(A) on the joint 
consolidation loan during a period in which 
the individual borrower for whom such sep-
arate consolidation loan is being made was 
employed in a public service job described 
in section 455(m)(1)(B) shall be treated as 
if such payment were made on the portion 
of the separate consolidation loan described 
in clause (i)(I)(aa); and 
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‘‘(v) for which any payment made 
under any repayment plan described in sec-
tion 455(d)(1) on the joint consolidation 
loan shall be treated as if such payment 
were made on such portion of such separate 
consolidation loan. 
‘‘(B) APPLICATION FOR SEPARATE DIRECT 
CONSOLIDATION LOAN.— 
‘‘(i) JOINT
APPLICATION.—Except as 
provided in clause (ii), to receive separate 
consolidation loans under subparagraph 
(A), both individual borrowers in a married 
couple (or previously married couple) shall 
jointly apply under subparagraph (A). 
‘‘(ii) SEPARATE APPLICATION.—An in-
dividual borrower in a married couple (or 
previously married couple) may apply for a 
separate consolidation loan under subpara-
graph (A) separately and without regard to 
whether or when the other individual bor-
rower in the married couple (or previously 
married couple) applies under subpara-
graph (A), in a case in which— 
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551 
‘‘(I) the individual borrower has 
experienced from the other individual 
borrower— 
‘‘(aa) domestic violence (as 
defined in section 40002(a) of the 
Violence Against Women Act of 
1994 (34 U.S.C. 12291(a))); or 
‘‘(bb) economic abuse (in-
cluding behaviors that control 
such borrower’s ability to acquire, 
use, and maintain access to 
money, credit, or the joint finan-
cial obligations of both borrowers); 
‘‘(II) the individual borrower cer-
tifies, on a form approved by the Sec-
retary, that such borrower is unable to 
reasonably reach or access the loan in-
formation of the other individual bor-
rower; or 
‘‘(III) the Secretary determines 
that authorizing each individual bor-
rower to apply separately under sub-
paragraph (A) would be in the best fis-
cal interests of the Federal Govern-
ment. 
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552 
‘‘(C) BORROWER
ELIGIBILITY.—Notwith-
standing section 428C(a)(3)(A), the Secretary 
shall award a consolidation loan under this part 
to each borrower who— 
‘‘(i) applies for such loan under sub-
paragraph (A); and 
‘‘(ii) meets the requirements of sub-
paragraphs (A) and (B). 
‘‘(3) CONSUMER
REPORTING
AGENCIES.—Upon 
obtaining a Federal Direct Consolidation Loan that 
discharges the liability on a defaulted loan made, in-
sured, or guaranteed under this title, the Secretary, 
guaranty agency, or other holder of the loan shall re-
quest any consumer reporting agency to which the 
Secretary, guaranty agency or holder, as applicable, 
reported the default of the loan, to remove any adverse 
item of information relating to a delinquent or de-
faulted loan made, insured, or guaranteed under this 
title from the borrower’s credit history.’’. 
(l) REPEAL OF SUBSIDIZED LOAN USAGE LIMITA-
TION.—Subsection (q) of section 455 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1087e) is repealed. 
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553 
SEC. 4303. AMENDMENTS TO TERMS AND CONDITIONS OF 
PUBLIC SERVICE LOAN FORGIVENESS. 
Section 455(m) of the Higher Education Act of 1965 
(20 U.S.C. 1087e(m)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘or’’ at the end of clause 
(iii); 
(ii) in clause (iv), by striking ‘‘and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(v) payments under the income-based 
repayment plan under section 493C(f); or 
‘‘(vi) payments under the fixed repay-
ment plan described in section 493E; and’’; 
and 
(B) in subparagraph (B), by striking ‘‘(i) is 
employed’’ and all that follows through ‘‘has 
been’’ and inserting ‘‘has been’’; 
(2) in paragraph (2), by adding at the end the 
following: ‘‘In the case of a borrower who meets the 
requirements under paragraph (1) for such cancella-
tion, such cancellation shall occur without further ac-
tion by the borrower.’’; 
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554 
(3) by redesignating paragraphs (3) and (4) as 
paragraphs (6) and (7), respectively; and 
(4) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) TREATMENT OF LOANS REFINANCED UNDER 
SECTIONS 460A.—In the case of an eligible Federal Di-
rect Loan refinanced under section 460A, any month-
ly payment pursuant to any repayment plan listed in 
paragraph (1)(A) made on a loan, for which the li-
ability has been discharged by such refinanced loan 
and without regard to whether such loan is an eligible 
Federal Direct Loan, shall be treated as a monthly 
payment under paragraph (1)(A) on the portion of 
such refinanced loan that is attributable to such dis-
charged loan. 
‘‘(4) ON-LINE PORTAL.— 
‘‘(A) BORROWERS.—The Secretary shall en-
sure that borrowers have access to an on-line 
portal that provides each borrower who signs on 
to such portal with the following: 
‘‘(i) Instructions on how to access the 
database under paragraph (5) so that the 
borrower can determine whether the bor-
rower is employed in a public service job. 
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555 
‘‘(ii) An identification of the loans of 
the borrower that are eligible Federal Direct 
Loans. 
‘‘(iii) With respect to each such eligible 
Federal Direct Loan, the number of month-
ly payments on such loan that qualify as a 
monthly payment under paragraph (1)(A), 
and the estimated number of monthly pay-
ments under paragraph (1)(A) remaining 
on such loan before the borrower may be eli-
gible for loan cancellation under this sub-
section. 
‘‘(iv) With respect to each loan of the 
borrower that is not eligible for loan can-
cellation under this subsection, an expla-
nation of why the loan is not so eligible and 
instructions on how what, if anything, the 
borrower may do to make the loan so eligi-
ble. 
‘‘(v) Instructions for the submission of 
any forms associated with such loan can-
cellation, and an ability for the borrower to 
use the portal to electronically sign and 
submit such forms. 
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556 
‘‘(vi) In the case of a borrower who 
disputes a determination of the Secretary 
relating to the entitlement of the borrower to 
loan cancellation under paragraph (2)— 
‘‘(I) an ability for the borrower to 
file a claim with the Secretary to dis-
pute such determination through the 
portal; and 
‘‘(II) in the case of such a claim 
that has been filed, the status of such 
claim, for which updates shall be pro-
vided not fewer than once every 90 
days. 
‘‘(B) EMPLOYERS.—The Secretary shall en-
sure that an employer of a borrower has the abil-
ity to electronically sign and submit any forms 
associated with loan cancellation under this sub-
section. 
‘‘(C) INFORMATION.—The Secretary shall 
ensure that any information provided through 
the on-line portal described in this paragraph is 
up-to-date information. 
‘‘(5) DATABASE OF PUBLIC SERVICE JOBS.— 
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the Commissioner of the Internal 
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557 
Revenue Service, shall establish and regularly 
update a database that lists public service jobs. 
‘‘(B) PUBLIC AVAILABILITY.—The database 
established under subparagraph (A) shall be 
made available on a publicly accessible website of 
the Department in an easily searchable format.’’; 
(5) in paragraph (6), as so redesignated— 
(A) in subparagraph (A)— 
(i) by inserting before the period at the 
end the following: ‘‘(including any Federal 
Direct Stafford Loan, Federal Direct PLUS 
Loan, Federal Direct Unsubsidized Stafford 
Loan, or Federal Direct Consolidation Loan 
refinanced under section 460A)’’; 
(ii) by striking ‘‘The term’’ and insert-
ing the following: 
‘‘(i) IN GENERAL.—The term’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) TREATMENT
OF
CERTAIN
CON-
SOLIDATION LOAN PAYMENTS.—In the case 
of an eligible Federal Direct Loan that is a 
Federal Direct Consolidation Loan made on 
or after the date of enactment of the College 
Affordability Act, any monthly payment 
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558 
pursuant to any repayment plan listed in 
paragraph (1)(A) made on a loan, for 
which the liability has been discharged by 
the proceeds of such Federal Direct Consoli-
dation Loan and without regard to whether 
the loan is an eligible Federal Direct Loan, 
shall be treated as a monthly payment 
under paragraph (1)(A) on the portion of 
such Federal Direct Consolidation Loan 
that is attributable to such discharged loan, 
except that in the case of a subsequent con-
solidation 
loan, 
for 
purposes 
of 
this 
clause— 
‘‘(I) any monthly payment made 
on the first consolidation loan or any 
other loan for which the liability has 
been discharged by such subsequent 
consolidation loan shall be applicable; 
and 
‘‘(II) any monthly payment made 
on a loan for which the liability has 
been discharged by such first consolida-
tion loan shall not be applicable.’’; 
(B) in subparagraph (B)— 
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560 
‘‘(bb) is not a student en-
rolled at such institution; and 
‘‘(cc) is not employed on a 
full-time basis by any other em-
ployer;’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) a full-time job as an employee or 
manager of a farm or ranch that, with re-
spect to a fiscal year, has earnings of gross 
revenue during such year from the sale of 
agricultural products equal to or greater 
than— 
‘‘(I) in the case of 2019, $35,000; 
or 
‘‘(II) in the case of any succeeding 
year, the amount applicable under this 
subparagraph for the previous year, 
increased by the estimated percentage 
change in the Consumer Price Index 
for the most recent year preceding such 
year; or 
‘‘(iv) a full-time job with a veterans or 
military service organization as described 
in paragraph (19) or (23) of section 501(c) 
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561 
of the Internal Revenue Code, that does not 
engage in partisan political campaign ac-
tivity.’’; and 
(C) by adding at the end the following: 
‘‘(C) FULL-TIME
JOB
AS
HEALTH
CARE 
PRACTITIONER.—The 
term 
‘full-time 
profes-
sionals engaged in health care practitioner occu-
pations’ includes an individual who— 
‘‘(i) has a full-time job as a health care 
practitioner; 
‘‘(ii) provides medical services in such 
full-time job at a nonprofit or public hos-
pital or other nonprofit or public health 
care facility; and 
‘‘(iii) is prohibited from being em-
ployed directly by such hospital or other 
health care facility by State law.’’; and 
(6) in paragraph (10), as so redesignated, by 
striking ‘‘section 428J, 428K, 428L, or 460’’ and in-
serting ‘‘section 428K or 428L’’. 
SEC. 4304. FEDERAL DIRECT PERKINS LOANS TERMS AND 
CONDITIONS. 
Part D of title IV of the Higher Education Act of 1965 
(20 U.S.C. 1087a et seq.) is amended by inserting after sec-
tion 455 the following new section: 
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562 
‘‘SEC. 455A. FEDERAL DIRECT PERKINS LOANS. 
‘‘(a) DESIGNATION OF LOANS.—Loans made to bor-
rowers under this section shall be known as ‘Federal Direct 
Perkins Loans’. 
‘‘(b) IN GENERAL.—It is the purpose of this section 
to authorize loans to be awarded by institutions of higher 
education through agreements established under section 
463(f). Unless otherwise specified in this section, all terms 
and conditions and other requirements applicable to Fed-
eral Direct Unsubsidized Stafford loans established under 
section 455(a)(2)(D) shall apply to loans made pursuant 
to this section. 
‘‘(c) ELIGIBLE BORROWERS.—Any student meeting 
the requirements for student eligibility under section 464(b) 
(including graduate and professional students as defined in 
regulations promulgated by the Secretary) shall be eligible 
to borrow a Federal Direct Perkins Loan, provided the stu-
dent attends an eligible institution with an agreement with 
the Secretary under section 463(f), and the institution uses 
its authority under that agreement to award the student 
a loan. 
‘‘(d) LOAN LIMITS.—The annual and aggregate limits 
for loans under this section shall be the same as those estab-
lished under section 464, and aggregate limits shall include 
loans made by institutions under agreements under section 
463(a). 
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563 
‘‘(e) APPLICABLE RATES OF INTEREST.—Loans made 
pursuant to this section shall bear interest, on the unpaid 
principal balance of the loan, at the rate of 5 percent per 
year.’’. 
SEC. 4305. COMMON MANUAL FOR LOAN SERVICERS. 
Section 456(a)(2) of the Higher Education Act of 1965 
(20 U.S.C. 1087f(a)(2)) is amended in the first sentence by 
inserting before the period at the end the following: ‘‘, in-
cluding the applicable procedures and policies described in 
the manual developed under section 493F’’. 
SEC. 4306. REFINANCING FFEL AND FEDERAL DIRECT 
LOANS. 
Part D of title IV of the Higher Education Act of 1965 
(20 U.S.C. 1087a et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 460A. REFINANCING FFEL AND FEDERAL DIRECT 
LOANS. 
‘‘(a) IN GENERAL.—The Secretary shall establish a 
program under which the Secretary, upon the receipt of an 
application from a qualified borrower, makes a loan under 
this part, in accordance with the provisions of this section, 
in order to permit the borrower to obtain the interest rate 
provided under subsection (c). 
‘‘(b) REFINANCING DIRECT LOANS.— 
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564 
‘‘(1) FEDERAL DIRECT LOANS.—Upon applica-
tion of a qualified borrower, the Secretary shall repay 
a Federal Direct Stafford Loan, a Federal Direct Un-
subsidized Stafford Loan, a Federal Direct PLUS 
Loan, or a Federal Direct Consolidation Loan of the 
qualified borrower, for which the first disbursement 
was made, or the application for the consolidation 
loan was received, before July 1, 2020, with the pro-
ceeds of a refinanced Federal Direct Stafford Loan, a 
Federal Direct Unsubsidized Stafford Loan, a Federal 
Direct PLUS Loan, or a Federal Direct Consolida-
tion Loan, respectively, issued to the borrower in an 
amount equal to the sum of the unpaid principal, ac-
crued unpaid interest, and late charges of the original 
loan. 
‘‘(2) REFINANCING FFEL PROGRAM LOANS AS RE-
FINANCED FEDERAL DIRECT LOANS.—Upon applica-
tion of a qualified borrower for any loan that was 
made, insured, or guaranteed under part B and for 
which the first disbursement was made, or the appli-
cation for the consolidation loan was received, before 
July 1, 2010, the Secretary shall make a loan under 
this part, in an amount equal to the sum of the un-
paid principal, accrued unpaid interest, and late 
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565 
charges of the original loan to the borrower in accord-
ance with the following: 
‘‘(A) The Secretary shall pay the proceeds of 
such loan to the eligible lender of the loan made, 
insured, or guaranteed under part B, in order to 
discharge the borrower from any remaining obli-
gation to the lender with respect to the original 
loan. 
‘‘(B) A loan made under this section that 
was originally— 
‘‘(i) a loan originally made, insured, 
or guaranteed under section 428 shall be a 
Federal Direct Stafford Loan; 
‘‘(ii) a loan originally made, insured, 
or guaranteed under section 428B shall be 
a Federal Direct PLUS Loan; 
‘‘(iii) a loan originally made, insured, 
or guaranteed under section 428H shall be 
a Federal Direct Unsubsidized Stafford 
Loan; and 
‘‘(iv) a loan originally made, insured, 
or guaranteed under section 428C shall be a 
Federal Direct Consolidation Loan. 
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569 
‘‘(I) the rate for Federal Direct 
Stafford Loans and Federal Direct Un-
subsidized Stafford Loans issued to un-
dergraduate students for the 12-month 
period beginning on July 1, 2019, and 
ending on June 30, 2020; or 
‘‘(II) the original interest rate of 
the component loan. 
‘‘(ii) The interest rate for any loan 
under section 428 or 428H, Federal Direct 
Stafford Loan, or Federal Direct Unsub-
sidized Stafford Loan issued to a graduate 
or professional student shall be a rate equal 
to the lesser of— 
‘‘(I) the rate for Federal Direct 
Unsubsidized Stafford Loans issued to 
graduate or professional students for 
the 12-month period beginning on July 
1, 2019, and ending on June 30, 2020; 
or 
‘‘(II) the original interest rate of 
the component loan. 
‘‘(iii) The interest rate for any loan 
under section 428B or Federal Direct PLUS 
Loan shall be a rate equal to the lesser of— 
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570 
‘‘(I) the rate for Federal Direct 
PLUS Loans for the 12-month period 
beginning on July 1, 2019, and ending 
on June 30, 2020; or 
‘‘(II) the original interest rate of 
the component loan. 
‘‘(iv) The interest rate for any compo-
nent loan that is a loan under section 428C 
or a Federal Direct Consolidation Loan 
shall be the weighted average of the interest 
rates that would apply under this subpara-
graph for each loan comprising the compo-
nent consolidation loan. 
‘‘(v) The interest rate for any eligible 
loan that is a component of a loan made 
under section 428C or a Federal Direct 
Consolidation Loan and is not described in 
clauses (i) through (iv) shall be the interest 
rate on the original component loan. 
‘‘(3) FIXED RATE.—The applicable rate of inter-
est determined under paragraph (1) for a refinanced 
loan under this section shall be fixed for the period 
of the loan. 
‘‘(d) TERMS AND CONDITIONS OF LOANS.— 
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571 
‘‘(1) IN GENERAL.—A loan that is refinanced 
under this section shall have the same terms and con-
ditions as the original loan, except as otherwise pro-
vided in this section. 
‘‘(2) NO AUTOMATIC EXTENSION OF REPAYMENT 
PERIOD.—Refinancing a loan under this section shall 
not result in the extension of the duration of the re-
payment period of the loan, and the borrower shall re-
tain the same repayment term that was in effect on 
the original loan. Nothing in this paragraph shall be 
construed to prevent a borrower from electing a dif-
ferent repayment plan at any time in accordance 
with section 455(d)(4). 
‘‘(e) DEFINITION OF QUALIFIED BORROWER.— 
‘‘(1) IN GENERAL.—For purposes of this section, 
the term ‘qualified borrower’ means a borrower— 
‘‘(A) of a loan under this part or part B for 
which the first disbursement was made, or the 
application for a consolidation loan was re-
ceived, before July 1, 2020; and 
‘‘(B) who meets the eligibility requirements 
based on income or debt-to-income ratio estab-
lished by the Secretary. 
‘‘(2) INCOME
REQUIREMENTS.—The Secretary 
shall establish eligibility requirements based on in-
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572 
come or debt-to-income ratio that take into consider-
ation providing access to refinancing under this sec-
tion for borrowers with the greatest financial need. 
‘‘(f) NOTIFICATION TO BORROWERS.—The Secretary, 
in coordination with the Director of the Bureau of Con-
sumer Financial Protection, shall undertake a campaign to 
alert borrowers of loans that are eligible for refinancing 
under this section that the borrowers are eligible to apply 
for such refinancing. The campaign shall include the fol-
lowing activities: 
‘‘(1) Developing consumer information materials 
about the availability of Federal student loan refi-
nancing. 
‘‘(2) Requiring servicers of loans under this part 
or part B to provide such consumer information to 
borrowers in a manner determined appropriate by the 
Secretary, in consultation with the Director of the 
Bureau of Consumer Financial Protection.’’. 
SEC. 4307. REFINANCING PRIVATE STUDENT LOANS. 
Part D of title IV of the Higher Education Act of 1965 
(20 U.S.C. 1087a et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 460B. FEDERAL DIRECT REFINANCED PRIVATE LOAN 
PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
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573 
‘‘(1) ELIGIBLE PRIVATE EDUCATION LOAN.—The 
term ‘eligible private education loan’ means a private 
education loan, as defined in section 140(a) of the 
Truth in Lending Act (15 U.S.C. 1650(a)), that— 
‘‘(A) was disbursed to the borrower before 
July 1, 2020; and 
‘‘(B) was for the borrower’s own postsec-
ondary educational expenses for an eligible pro-
gram at an institution of higher education par-
ticipating in the loan program under this part, 
as of the date that the loan was disbursed. 
‘‘(2) FEDERAL
DIRECT
REFINANCED
PRIVATE 
LOAN.—The term ‘Federal Direct Refinanced Private 
Loan’ means a loan issued under subsection (b)(1). 
‘‘(3) PRIVATE EDUCATIONAL LENDER.—The term 
‘private educational lender’ has the meaning given the 
term in section 140(a) of the Truth in Lending Act 
(15 U.S.C. 1650(a)). 
‘‘(4) QUALIFIED BORROWER.—The term ‘quali-
fied borrower’ means an individual who— 
‘‘(A) has an eligible private education loan; 
‘‘(B) has been current on payments on the 
eligible private education loan for the 6 months 
prior to the date of the qualified borrower’s ap-
plication for refinancing under this section, and 
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574 
is in good standing on the loan at the time of 
such application; 
‘‘(C) is not in default on the eligible private 
education loan or on any loan made, insured, or 
guaranteed under this part or part B or E; and 
‘‘(D) meets the eligibility requirements de-
scribed in subsection (b)(2). 
‘‘(b) PROGRAM AUTHORIZED.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of the Treasury, shall carry 
out a program under which the Secretary, upon ap-
plication by a qualified borrower who has an eligible 
private education loan, shall issue such borrower a 
loan under this part in accordance with the following: 
‘‘(A) The loan issued under this program 
shall be in an amount equal to the sum of the 
unpaid principal, accrued unpaid interest, and 
late charges of the private education loan. 
‘‘(B) The Secretary shall pay the proceeds of 
the loan issued under this program to the private 
educational lender of the private education loan, 
in order to discharge the qualified borrower from 
any remaining obligation to the lender with re-
spect to the original loan. 
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‘‘(C) The Secretary shall require that the 
qualified borrower undergo loan counseling that 
provides all of the information and counseling 
required under clause (i) and clauses (iv) 
through (xiv) of section 485(b)(1)(A) (as amend-
ed by the College Affordability Act) before the 
loan is refinanced in accordance with this sec-
tion, and before the proceeds of such loan are 
paid to the private educational lender. 
‘‘(D) The Secretary shall issue the loan as 
a Federal Direct Refinanced Private Loan, 
which shall have the same terms, conditions, and 
benefits as a Federal Direct Unsubsidized Staf-
ford Loan, except as otherwise provided in this 
section. 
‘‘(2) BORROWER
ELIGIBILITY.—The Secretary, 
in consultation with the Secretary of the Treasury 
and the Director of the Bureau of Consumer Finan-
cial Protection, shall establish eligibility require-
ments— 
‘‘(A) based on income or debt-to-income 
ratio that take into consideration providing ac-
cess to refinancing under this section for bor-
rowers with the greatest financial need; 
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576 
‘‘(B) to ensure eligibility only for borrowers 
in good standing; 
‘‘(C) to minimize inequities between Federal 
Direct Refinanced Private Loans and other Fed-
eral student loans; 
‘‘(D) to preclude windfall profits for private 
educational lenders; and 
‘‘(E) to ensure full access to the program 
authorized in this subsection for borrowers with 
private loans who otherwise meet the criteria es-
tablished in accordance with subparagraphs (A) 
and (B). 
‘‘(c) INTEREST RATE.— 
‘‘(1) IN GENERAL.—The interest rate for a Fed-
eral Direct Refinanced Private Loan is— 
‘‘(A) in the case of a Federal Direct Refi-
nanced Private Loan for a private education 
loan originally issued for undergraduate postsec-
ondary educational expenses, a rate equal to the 
rate for Federal Direct Stafford Loans and Fed-
eral Direct Unsubsidized Stafford Loans issued 
to undergraduate students for the 12-month pe-
riod beginning on July 1, 2019, and ending on 
June 30, 2020; and 
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577 
‘‘(B) in the case of a Federal Direct Refi-
nanced Private Loan for a private education 
loan originally issued for graduate or profes-
sional degree postsecondary educational expenses, 
a rate equal to the rate for Federal Direct Un-
subsidized Stafford Loans issued to graduate or 
professional students for the 12-month period be-
ginning on July 1, 2019, and ending on June 
30, 2020. 
‘‘(2) COMBINED
UNDERGRADUATE
AND
GRAD-
UATE STUDY LOANS.—If a Federal Direct Refinanced 
Private Loan is for a private education loan origi-
nally issued for both undergraduate and graduate or 
professional postsecondary educational expenses, the 
interest rate shall be a rate equal to the rate for Fed-
eral Direct PLUS Loans for the 12-month period be-
ginning on July 1, 2019, and ending on June 30, 
2020. 
‘‘(3) FIXED RATE.—The applicable rate of inter-
est determined under this subsection for a Federal Di-
rect Refinanced Private Loan shall be fixed for the pe-
riod of the loan. 
‘‘(d) NO INCLUSION
IN AGGREGATE LIMITS.—The 
amount of a Federal Direct Refinanced Private Loan, or 
a Federal Direct Consolidated Loan to the extent such loan 
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578 
was used to repay a Federal Direct Refinanced Private 
Loan, shall not be included in calculating a borrower’s an-
nual or aggregate loan limits under section 428 or 428H. 
‘‘(e) NO ELIGIBILITY FOR SERVICE-RELATED REPAY-
MENT.—A Federal Direct Refinanced Private Loan, or any 
Federal Direct Consolidation Loan to the extent such loan 
was used to repay a Federal Direct Refinanced Private 
Loan, shall not be eligible for any loan repayment or loan 
forgiveness program under section 428K, 428L, or 460 or 
for the repayment plan for public service employees under 
section 455(m). 
‘‘(f) PRIVATE EDUCATIONAL LENDER REPORTING RE-
QUIREMENT.— 
‘‘(1) REPORTING REQUIRED.—The Secretary, in 
consultation with the Secretary of the Treasury and 
the Director of the Bureau of Consumer Financial 
Protection, shall establish a requirement that private 
educational lenders report the data described in para-
graph (2) to the Secretary, to Congress, to the Sec-
retary of the Treasury, and to the Director of the Bu-
reau of Consumer Financial Protection, in order to 
allow for an assessment of the private education loan 
market. 
‘‘(2) CONTENTS OF REPORTING.—The data that 
private educational lenders shall report in accordance 
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579 
with paragraph (1) shall include each of the following 
about private education loans (as defined in section 
140(a) of the Truth in Lending Act (15 U.S.C. 
1650(a))): 
‘‘(A) The total amount of private education 
loan debt the lender holds. 
‘‘(B) The total number of private education 
loan borrowers the lender serves. 
‘‘(C) The average interest rate on the out-
standing private education loan debt held by the 
lender. 
‘‘(D) The proportion of private education 
loan borrowers who are in default on a loan held 
by the lender. 
‘‘(E) The proportion of the outstanding pri-
vate education loan volume held by the lender 
that is in default. 
‘‘(F) The proportions of outstanding private 
education loan borrowers who are 30, 60, and 90 
days delinquent. 
‘‘(G) The proportions of outstanding private 
education loan volume that is 30, 60, and 90 
days delinquent. 
‘‘(g) NOTIFICATION TO BORROWERS.—The Secretary, 
in coordination with the Secretary of the Treasury and the 
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580 
Director of the Bureau of Consumer Financial Protection, 
shall undertake a campaign to alert borrowers about the 
availability of private student loan refinancing under this 
section.’’. 
PART E—FEDERAL PERKINS LOANS 
SEC. 4401. AUTHORIZATION OF APPROPRIATIONS FOR PER-
KINS LOAN. 
Section 461(b) of the Higher Education Act of 1965 
(20 U.S.C. 1087aa(b)) is amended— 
(1) by striking ‘‘(1) IN GENERAL.—’’; 
(2) by striking paragraphs (2) and (3); and 
(3) by redesignating subparagraphs (A), (B), 
and (C) as paragraphs (1), (2), and (3), respectively. 
SEC. 4402. ALLOCATION OF FUNDS FOR PERKINS LOAN. 
Section 462 of the Higher Education Act of 1965 (20 
U.S.C. 1087bb) is amended— 
(1) in subsection (a)(1), by striking ‘‘From’’ and 
inserting ‘‘For any fiscal year before fiscal year 2021, 
from’’; and 
(2) in subsection (i)(1), by striking ‘‘for any fis-
cal year,’’ and inserting ‘‘for any fiscal year before 
fiscal year 2021,’’. 
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581 
SEC. 4403. FEDERAL DIRECT PERKINS LOAN ALLOCATION. 
Part E of title IV of the Higher Education Act of 1965 
(20 U.S.C. 1087aa et seq.) is amended by inserting after 
section 462 the following: 
‘‘SEC. 462A. FEDERAL DIRECT PERKINS LOAN ALLOCATION. 
‘‘(a) PURPOSE.—The purpose of this section is to make 
funds available, in accordance with section 452, to each 
participating institution in an amount not to exceed the 
sum of an institution’s allocation of funds under subsection 
(b)(1)(B) to enable each such participating institution to 
make Federal Direct Perkins Loans under section 455A to 
eligible students at such participating institution. 
‘‘(b) AVAILABLE DIRECT PERKINS ANNUAL LOAN AU-
THORITY.— 
‘‘(1) AVAILABILITY AND ALLOCATIONS.— 
‘‘(A) IN GENERAL.—There are hereby made 
available, from funds made available for loans 
made under part D, not to exceed $2,400,000,000 
of annual loan authority for award year 2021– 
2022 and each succeeding award year, to be allo-
cated as provided in subparagraph (B). 
‘‘(B) ALLOCATION
FORMULA.—Except as 
provided in paragraphs (2) and (3), for each 
award year, the Secretary shall allocate an 
amount to each participating institution that is 
equal to— 
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‘‘(i) 100 percent of the institutional 
undergraduate student need (as determined 
under subparagraph (C)) for the preceding 
award year; and 
‘‘(ii) 25 percent of the institutional 
graduate student need (as determined under 
subparagraph (D)) for the preceding award 
year. 
‘‘(C) INSTITUTIONAL UNDERGRADUATE STU-
DENT
NEED
CALCULATION.—The institutional 
undergraduate student need for a participating 
institution for an award year shall be equal to 
the sum of the following: 
‘‘(i) An amount equal to 50 percent of 
the amount that bears the same proportion 
to the amount made available under sub-
paragraph (A) for such award year as the 
total amount of Federal Pell Grant funds 
awarded at the participating institution for 
the preceding award year bears to the total 
amount of Federal Pell Grant funds award-
ed at all participating institutions for the 
preceding award year. 
‘‘(ii) An amount equal to 50 percent of 
the amount that bears the same proportion 
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583 
to the amount made available under sub-
paragraph (A) for such award year as the 
total amount of the undergraduate student 
need at the participating institution for the 
preceding award year bears to the total 
amount of undergraduate student need at 
all participating institutions for the pre-
ceding award year. 
‘‘(D) INSTITUTIONAL
GRADUATE
STUDENT 
NEED CALCULATION.—The institutional graduate 
student need for a participating institution for 
an award year shall be equal to the amount that 
bears the same proportion to the amount made 
available under subparagraph (A) for such 
award year as the total amount of the graduate 
student need at the participating institution for 
the preceding award year bears to the total 
amount of graduate student need at all partici-
pating institutions for the preceding award year. 
‘‘(2) REQUIRED MINIMUM AMOUNT.—In no case 
shall the sum of a participating institution’s alloca-
tion of loan authority computed under paragraph 
(1)(B) be less than the average of the institution’s 
total principal amount of loans made under this part 
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584 
for each of the academic years 2012–2013 through 
2016–2017. 
‘‘(3) ADDITIONAL
ADJUSTMENTS.—If the Sec-
retary determines that the sum of a participating in-
stitution’s allocation of loan authority under para-
graph (1)(B) is below the minimum amount required 
under paragraph (3), the Secretary shall— 
‘‘(A) for each participating institution for 
which the minimum amount under paragraph 
(3) is not satisfied, increase the amount of such 
sum to the amount of the required minimum 
under such paragraph; and 
‘‘(B) ratably reduce the amount of the sum 
of such loan authority of all participating insti-
tutions not described in subparagraph (A). 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) ANNUAL LOAN AUTHORITY.—The term ‘an-
nual loan authority’ means the total original prin-
cipal amount of loans— 
‘‘(A) made available for loans under part 
D; and 
‘‘(B) that may be allocated under subsection 
(b)(1) for an award year to participating insti-
tutions to make Federal Direct Perkins Loans 
under section 455A. 
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585 
‘‘(2) AVERAGE COST OF ATTENDANCE.—The term 
‘average cost of attendance’ has the meaning given the 
term in section 4202(e)(5)(B). 
‘‘(3) GRADUATE
STUDENT
NEED.—The term 
‘graduate student need’ means, with respect to a grad-
uate student for an award year, the lesser of the fol-
lowing: 
‘‘(A) The amount equal to (except the 
amount computed by this subparagraph shall not 
be less than zero)— 
‘‘(i) the average cost of attendance for 
the preceding award year, minus 
‘‘(ii) such graduate student’s expected 
family contribution (computed in accord-
ance with part F of this title) for the pre-
ceding award year. 
‘‘(B) The total annual loan limit for a Fed-
eral Direct Unsubsidized Stafford Loan. 
‘‘(4) UNDERGRADUATE
STUDENT
NEED.—The 
term ‘undergraduate student need’ means, with re-
spect to an undergraduate student for an award year, 
the lesser of the following: 
‘‘(A) The total of the amount equal to (ex-
cept the amount computed by this clause shall 
not be less than zero)— 
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586 
‘‘(i) the average cost of attendance for 
the award year, minus 
‘‘(ii) such undergraduate student’s ex-
pected family contribution (computed in ac-
cordance with part F of this title) for the 
preceding award year. 
‘‘(B) The total loan annual limit for a Fed-
eral Direct Unsubsidized Stafford Loan and a 
Federal Direct Loan. 
‘‘(5) PARTICIPATING
INSTITUTION.—The term 
‘participating institution’ means an institution of 
higher education— 
‘‘(A) that has an agreement under section 
463(f); 
‘‘(B) that participates in the Federal Direct 
Stafford Loan Program; and 
‘‘(C) is not an institution described in sec-
tion 102(a)(1)(C).’’. 
SEC. 4404. AGREEMENTS WITH INSTITUTIONS OF HIGHER 
EDUCATION FOR PURPOSES OF THE PERKINS 
LOAN PROGRAM. 
(a) AMENDMENTS.—Section 463 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1087cc) is amended— 
(1) in subsection (a)— 
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587 
(A) in the heading, by inserting ‘‘FOR 
LOANS MADE BEFORE JULY 1, 2021’’ after 
‘‘AGREEMENTS’’; 
(B) in paragraph (3)(A), by inserting ‘‘be-
fore July 1, 2021’’ after ‘‘students’’; 
(C) in paragraph (4), by striking ‘‘there-
on—’’ and all that follows and inserting ‘‘there-
on, if the institution has failed to maintain an 
acceptable collection record with respect to such 
loan, as determined by the Secretary in accord-
ance with criteria established by regulation, the 
Secretary may require the institution to assign 
such note or agreement to the Secretary, without 
recompense;’’; and 
(D) in paragraph (5), by striking ‘‘and the 
Secretary shall apportion’’ and all that follows 
through ‘‘in accordance with section 462’’ and 
inserting ‘‘and the Secretary shall return a por-
tion of funds from loan repayments to the insti-
tution as specified in section 466(b)’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) ADMINISTRATIVE
EXPENSES.—An institution 
that has entered into an agreement under subsection (a) 
shall be entitled, for each fiscal year during which it serv-
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588 
ices student loans from a student loan fund established 
under such agreement, to a payment in lieu of reimburse-
ment for its expenses in servicing student loans made before 
July 1, 2021. Such payment shall be equal to 0.50 percent 
of the outstanding principal and interest balance of such 
loans being serviced by the institution as of September 30 
of each fiscal year.’’; and 
(3) by adding at the end the following: 
‘‘(f) CONTENTS OF AGREEMENTS FOR LOANS MADE ON 
OR AFTER JULY 1, 2021.—An agreement with any institu-
tion of higher education that elects to participate in the 
Federal Direct Perkins Loan program under section 455A 
shall provide— 
‘‘(1) for the establishment and maintenance of a 
Direct Perkins Loan program at the institution under 
which the institution shall use annual loan authority 
allocated under section 462A to make loans to eligible 
students attending the institution; 
‘‘(2) that the institution, unless otherwise speci-
fied in this subsection, shall operate the program con-
sistent with the requirements of agreements estab-
lished under section 454; and 
‘‘(3) that if the institution ceases to be eligible to 
receive Federal loans under this title based on loss of 
eligibility under section 435(a), due to a high ad-
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589 
justed cohort default rate, the Secretary shall suspend 
or terminate the institution’s eligibility to make Fed-
eral Direct Perkins Loans under section 455A unless 
and until the institution would qualify for a resump-
tion of eligible institution status under such section 
435(a).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
paragraph (2) of subsection (a) shall take effect on October 
1, 2021. 
SEC. 4405. STUDENT LOAN INFORMATION BY ELIGIBLE IN-
STITUTIONS FOR PURPOSES OF THE PERKINS 
LOAN PROGRAM. 
Section 463A of the Higher Education Act of 1965 (20 
U.S.C. 1087cc–1) is amended— 
(1) in subsection (a), by striking ‘‘Each institu-
tion’’ and inserting ‘‘For loans made before July 1, 
2021, each institution’’; and 
(2) in subsection (b), by striking ‘‘Each institu-
tion’’ and inserting ‘‘For loans made before July 1, 
2021, each institution’’. 
SEC. 4406. TERMS OF LOANS FOR PURPOSES OF THE PER-
KINS LOAN PROGRAM. 
Section 464 of the Higher Education Act of 1965 (20 
U.S.C. 1087dd) is amended— 
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590 
(1) in subsection (a)(1), by striking ‘‘section 
463’’ and inserting ‘‘section 463(a)’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by inserting ‘‘made 
before July 1, 2021,’’ after ‘‘A loan’’; and 
(B) in paragraph (2), by inserting ‘‘(with 
respect to a loan made before July 1, 2021) or 
an allocation under section 462A (with respect to 
a loan made on or after July 1, 2021)’’ after 
‘‘capital contribution under section 462’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘made 
before July 1, 2021,’’ after ‘‘a loan’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
‘‘made before July 1, 2021,’’ after ‘‘any 
loan’’; and 
(ii) in subparagraph (B), by inserting 
‘‘made before July 1, 2021,’’ after ‘‘any 
loan’’; 
(C) in paragraph (3)(B), by inserting ‘‘for 
a loan made before July 1, 2021,’’ after ‘‘Sec-
retary, the repayment period’’; 
(D) in paragraph (4), by inserting ‘‘before 
July 1, 2021,’’ after ‘‘for a loan made’’; 
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591 
(E) in paragraph (5), by striking ‘‘The in-
stitution’’ and inserting ‘‘For loans made before 
July 1, 2021, the institution’’; and 
(F) in paragraph (6), by inserting ‘‘made 
before July 1, 2021,’’ after ‘‘of loans’’; 
(4) in subsection (d), by inserting ‘‘made before 
July 1, 2021,’’ before ‘‘from the student loan fund’’; 
(5) in subsection (e), by inserting ‘‘with respect 
to loans made before July 1, 2021, and’’ before ‘‘as 
documented in accordance with paragraph (2),’’; 
(6) in subsection (f)(1), by inserting ‘‘before July 
1, 2021’’ after ‘‘this part’’; 
(7) in subsection (g)(1), by inserting ‘‘and before 
July 1, 2021,’’ after ‘‘January 1, 1986,’’; 
(8) in subsection (h)— 
(A) in paragraph (1)(A) by inserting ‘‘be-
fore July 1, 2021,’’ after ‘‘made under this 
part’’; and 
(B) in paragraph (2), by inserting ‘‘before 
July 1, 2021,’’ after ‘‘under this part’’; and 
(9) in subsection (j)(1), by inserting ‘‘before July 
1, 2021,’’ after ‘‘under this part’’. 
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592 
SEC. 4407. REIMBURSEMENT FOR CANCELLATION OF PER-
KINS LOANS FOR CERTAIN PUBLIC SERVICE. 
Section 465 of the Higher Education Act of 1965 (20 
U.S.C. 1087ee) is amended— 
(1) in subsection (a), by inserting ‘‘and before 
July 1, 2021,’’ after ‘‘June 30, 1972,’’; and 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) REIMBURSEMENT FOR CANCELLATIONS.— 
‘‘(1) ASSIGNED
LOANS.—In the case of loans 
made under this part before July 1, 2021, and that 
are assigned to the Secretary, the Secretary shall, 
from amounts repaid each quarter on assigned Per-
kins Loans made before July 1, 2021, pay to each in-
stitution for each quarter an amount equal to— 
‘‘(A) the aggregate of the amounts of loans 
from its student loan fund that are canceled pur-
suant to this section for such quarter, minus 
‘‘(B) an amount equal to the aggregate of 
the amounts of any such loans so canceled that 
were made from Federal capital contributions to 
its student loan fund. 
‘‘(2) RETAINED
LOANS.—In the case of loans 
made under this part before July 1, 2021, and that 
are retained by the institution for servicing, the insti-
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tution shall deduct from loan repayments owed to the 
Secretary under section 466, an amount equal to— 
‘‘(A) the aggregate of the amounts of loans 
from its student loan fund that are canceled pur-
suant to this section for such quarter, minus 
‘‘(B) an amount equal to the aggregate of 
the amounts of any such loans so canceled that 
were made from Federal capital contributions to 
its student loan fund.’’. 
SEC. 4408. DISTRIBUTION OF ASSETS FROM STUDENT LOAN 
FUNDS FOR PURPOSES OF THE PERKINS 
LOAN PROGRAM. 
Section 466 of the Higher Education Act of 1965 (20 
U.S.C. 1087ff) is amended to read as follows: 
‘‘SEC. 466. DISTRIBUTION OF ASSETS FROM STUDENT LOAN 
FUNDS. 
‘‘(a) CAPITAL DISTRIBUTION.—Beginning July 1, 
2021, there shall be a capital distribution of the balance 
of the student loan fund established under this part by each 
institution of higher education as follows: 
‘‘(1) For the quarter beginning July 1, 2021, the 
Secretary shall first be paid, no later than September 
30, 2021, an amount that bears the same ratio to the 
cash balance in such fund at the close of June 30, 
2021, as the total amount of the Federal capital con-
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594 
tributions to such fund by the Secretary under this 
part bears to— 
‘‘(A) the sum of such Federal contributions 
and the institution’s capital contributions to 
such fund, less 
‘‘(B) an amount equal to— 
‘‘(i) the institution’s outstanding ad-
ministrative costs as calculated under sec-
tion 463(b); 
‘‘(ii) 
outstanding 
charges 
assessed 
under section 464(c)(1)(H); and 
‘‘(iii) outstanding loan cancellation 
costs incurred under section 465. 
‘‘(2) At the end of each quarter subsequent to the 
quarter ending September 30, 2021, the Secretary 
shall first be paid an amount that bears the same 
ratio to the cash balance in such fund at the close of 
the preceding quarter, as the total amount of the Fed-
eral capital contributions to such fund by the Sec-
retary under this part bears to— 
‘‘(A) the sum of such Federal contributions 
and the institution’s capital contributions to 
such fund, less 
‘‘(B) an amount equal to— 
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595 
‘‘(i) the institution’s administrative 
costs incurred for that quarter as calculated 
under section 463(b); 
‘‘(ii) charges assessed for that quarter 
under section 464(c)(1)(H); and 
‘‘(iii) loan cancellation costs incurred 
for that quarter under section 465. 
‘‘(3)(A) The 
Secretary 
shall 
calculate 
the 
amounts due to the Secretary under paragraph (1) 
(adjusted in accordance with subparagraph (B), as 
appropriate) and paragraph (2) and shall promptly 
inform the institution of such calculated amounts. 
‘‘(B) In the event that, prior to the date of enact-
ment of the College Affordability Act, an institution 
made a short-term, interest-free loan to the institu-
tion’s student loan fund established under this part in 
anticipation of collections or receipt of Federal cap-
ital contributions, and the institution demonstrates to 
the Secretary, on or before June 30, 2021, that such 
loan will still be outstanding after June 30, 2021, the 
Secretary shall subtract the amount of such out-
standing loan from the cash balance of the institu-
tion’s student loan fund that is used to calculate the 
amount due to the Secretary under paragraph (1). An 
adjustment of an amount due to the Secretary under 
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596 
this subparagraph shall be made by the Secretary on 
a case-by-case basis. 
‘‘(4) Any remaining balance at the end of a 
quarter after a payment under paragraph (1) or (2) 
shall be retained by the institution for use at its dis-
cretion. Any balance so retained shall be withdrawn 
from the student loan fund and shall not be counted 
in calculating amounts owed to the Secretary for sub-
sequent quarters. 
‘‘(5) Each institution shall make the quarterly 
payments to the Secretary described in paragraph (2) 
until all outstanding Federal Perkins Loans at that 
institution have been assigned to the Secretary and 
there are no funds remaining in the institution’s stu-
dent loan fund. 
‘‘(6) In the event that the institution’s adminis-
trative costs, charges, and cancellation costs described 
in paragraph (2) for a quarter exceed the amount 
owed to the Secretary under paragraphs (1) and (2) 
for that quarter, no payment shall be due to the Sec-
retary from the institution for that quarter and the 
Secretary shall pay the institution, from funds real-
ized from the collection of assigned Federal Perkins 
Loans made before July 1, 2021, an amount that, 
when combined with the amount retained by the in-
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stitution under paragraphs (1) and (2), equals the 
full amount of such administrative costs, charges, and 
cancellation costs. 
‘‘(b) ASSIGNMENT OF OUTSTANDING LOANS.—Begin-
ning July 1, 2021, an institution of higher education may 
assign all outstanding loans made under this part before 
July 1, 2021, to the Secretary, consistent with the require-
ments of section 463(a)(5). In collecting loans so assigned, 
the Secretary shall pay an institution an amount that con-
stitutes the same fraction of such collections as the fraction 
of the cash balance that the institution retains under sub-
section (a)(2), but determining such fraction without regard 
to subparagraph (B)(i) of such subsection.’’. 
PART F—NEED ANALYSIS 
SEC. 4501. AMENDMENTS TO FAMILY CONTRIBUTION. 
Section 473(b) of the Higher Education Act of 1965 
(20 U.S.C. 1087mm) is amended— 
(1) in paragraph (1), by striking ‘‘academic 
year’’ and inserting ‘‘award year’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘academic year’’ each place 
it appears and inserting ‘‘award year’’; 
(B) by striking ‘‘academic years’’ and in-
serting ‘‘award years’’; 
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598 
(C) in subparagraph (B), by striking ‘‘par-
ent or guardian’’ and inserting ‘‘parent, guard-
ian, or spouse’’; and 
(D) in subparagraph (C), by inserting ‘‘in 
the case of a student whose parent or guardian 
is described in clause (i) or (ii) of subparagraph 
(B),’’ before ‘‘who’’. 
SEC. 4502. AMENDMENTS TO DATA ELEMENTS WHEN DE-
TERMINING THE EXPECTED FAMILY CON-
TRIBUTION. 
Section 474(b) of the Higher Education Act of 1965 
(20 U.S.C. 1087nn(b)) is amended in paragraph (4), by 
inserting before ‘‘the net’’ the following: ‘‘only in the case 
of a pathway three applicant,’’. 
SEC. 4503. AMENDMENTS TO FAMILY CONTRIBUTION FOR 
DEPENDENT STUDENTS. 
(a) DEPENDENT STUDENTS.—Section 475 of the High-
er Education Act of 1965 (20 U.S.C. 1087oo) is amended— 
(1) in subsection (a)(3), by inserting before ‘‘the 
student’’ the following: ‘‘only in the case of a pathway 
three applicant,’’; 
(2) in subsection (b)(1)(B), by inserting before 
‘‘the parents’ ’’ the following: ‘‘only in the case of a 
pathway three applicant,’’; and 
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(3) in subsection (b)(3), by striking ‘‘award pe-
riod’’ and inserting ‘‘award year’’. 
(b) INCREASING SUPPORT FOR WORKING DEPENDENT 
STUDENTS.—Section 475(g)(2)(D) of the Higher Education 
Act of 1965 (20 U.S.C. 1087oo(g)(2)(D)) is amended to read 
as follows: 
‘‘(D) an income protection allowance (or a 
successor amount prescribed by the Secretary 
under section 478) of $9,230 for award year 
2021–2022;’’. 
SEC. 4504. AMENDMENTS TO FAMILY CONTRIBUTION FOR 
INDEPENDENT STUDENTS WITHOUT DEPEND-
ENTS OTHER THAN A SPOUSE. 
(a) INDEPENDENT STUDENTS WITHOUT DEPENDENTS 
OTHER THAN
A SPOUSE.—Section 476(a)(1)(B) of the 
Higher Education Act of 1965 (20 U.S.C. 1087pp(a)(1)(B)) 
is amended by inserting before ‘‘the family’s contribution’’ 
the following: ‘‘only in the case of a pathway three appli-
cant,’’. 
(b) INCREASING
SUPPORT
FOR
WORKING
INDE-
PENDENT STUDENTS WITHOUT DEPENDENTS OTHER THAN 
A SPOUSE.—Section 476 of the Higher Education Act of 
1965 (20 U.S.C. 1087pp) is further amended— 
(1) in subsection (a)(2), by striking ‘‘award pe-
riod’’ and inserting ‘‘award year’’; and 
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600 
(2) by amending subsection (b)(1)(A)(iv) to read 
as follows: 
‘‘(iv) an income protection allowance 
(or a successor amount prescribed by the 
Secretary under section 478)— 
‘‘(I) for single or separated stu-
dents, or married students where both 
are enrolled pursuant to subsection 
(a)(2), of $14,360 for award year 
2021–2022; and 
‘‘(II) for married students where 1 
is enrolled pursuant to subsection 
(a)(2), of $23,030 for award year 
2021–2022;’’. 
SEC. 4505. AMENDMENTS TO FAMILY CONTRIBUTION FOR 
INDEPENDENT 
STUDENTS 
WITH 
DEPEND-
ENTS OTHER THAN A SPOUSE. 
(a) INDEPENDENT STUDENTS WITH DEPENDENTS 
OTHER THAN
A SPOUSE.—Section 477(a)(1)(B) of the 
Higher Education Act of 1965 (20 U.S.C. 1087qq(a)(1)(B)) 
is amended by inserting before ‘‘the family’s contribution’’ 
the following: ‘‘only in the case of a pathway three appli-
cant,’’. 
(b) INCREASING
SUPPORT
FOR
WORKING
INDE-
PENDENT STUDENTS WITH DEPENDENTS OTHER THAN A 
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601 
SPOUSE.—Section 477 of the Higher Education Act of 1965 
(20 U.S.C. 1087qq) is amended— 
(1) in subsection (a)(3), by striking ‘‘award pe-
riod’’ and inserting ‘‘award year’’; and 
(2) by amending subsection (b)(4) to read as fol-
lows: 
‘‘(4) INCOME PROTECTION ALLOWANCE.—The in-
come protection allowance is determined by the fol-
lowing table (or a successor table prescribed by the 
Secretary under section 478), for award year 2021– 
2022: 
‘‘Income Protection Allowance 
Family 
Size 
Number in College 
(including 
student) 
For each 
additional 
subtract: 
$36,370 
$30,160 
$6,180
45,290 
39,100 
$32,890 
55,920 
49,720 
43,540 
$37,300 
65,990 
59,750 
53,570 
47,360 
$41,180 
77,170 
70,960 
64,790 
58,540 
52,350 
For each 
additional 
add: 
8,710 
’’. 
SEC. 4506. INSTITUTIONAL CALCULATIONS FOR OFF-CAM-
PUS ROOM AND BOARD. 
(a) AUTHORITY TO PRESCRIBE REGULATIONS.—Sec-
tion 478(a) of the Higher Education Act of 1965 (20 U.S.C. 
1087rr(a)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (A); 
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602 
(B) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(C) to prescribe— 
‘‘(i) one methodology that institutions of 
higher education (other than institutions that re-
ceive a waiver under clause (ii)) shall use, or a 
selection of two or more methodologies from 
which such institutions shall select and use a 
methodology, to determine the allowance for 
room and board costs incurred by students de-
scribed in subparagraph (A) of section 472(3) 
and by students described in subparagraph (D) 
of such section, which shall— 
‘‘(I) ensure that each such allowance 
determination is sufficient to cover reason-
able room and board costs incurred by the 
students for whom such allowance is being 
determined; and 
‘‘(II) include the sources of information 
that institutions shall use in making each 
such allowance determination; and 
‘‘(ii) a process for granting institutions of 
higher education a waiver from the requirements 
of clause (i), including— 
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603 
‘‘(I) a requirement that each institu-
tion of higher education seeking such a 
waiver submit to the Secretary— 
‘‘(aa) a description of the method-
ology that the institution will use for 
each allowance determination described 
in clause (i); 
‘‘(bb) an assurance that each such 
allowance determination meets the re-
quirements of clause (i)(I); and 
‘‘(cc) a demonstration that the in-
stitution will use reliable sources of in-
formation for each such allowance de-
termination; and 
‘‘(II) a requirement that each institu-
tion of higher education that receives such a 
waiver publicly disclose on the website of 
the institution the methodology and sources 
of information used by the institution for 
each allowance determination described in 
clause (i).’’; and 
(2) by adding at the end the following: 
‘‘(3) Any regulation proposed by the Secretary under 
paragraph (1)(C) of this subsection shall not be subject to 
the requirements of paragraph (2).’’. 
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604 
(b) REQUIREMENT TO PRESCRIBE REGULATIONS.— 
Not later than 18 months after the date of enactment of 
this Act, the Secretary of Education shall issue regulations 
that meet the requirements of subparagraph (C) of section 
478(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 
1087rr(a)(1)), as added by subsection (a). 
SEC. 4507. UPDATED TABLES AND AMOUNTS TO NEED 
ANALYSIS. 
Section 478 of the Higher Education Act of 1965 (20 
U.S.C. 1087rr) is further amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking subpara-
graphs (A) and (B) and inserting the following: 
‘‘(A) IN GENERAL.—For each award year 
after award year 2021–2022, the Secretary shall 
publish in the Federal Register a revised table of 
income protection allowances for the purpose of 
sections 475(c)(4) and 477(b)(4), subject to sub-
paragraphs (B) and (C). 
‘‘(B) 
TABLE
FOR
INDEPENDENT
STU-
DENTS.—For each award year after award year 
2021–2022, the Secretary shall develop the re-
vised table of income protection allowances by 
increasing each of the dollar amounts contained 
in the table of income protection allowances 
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605 
under section 477(b)(4) by a percentage equal to 
the estimated percentage increase in the Con-
sumer Price Index (as determined by the Sec-
retary for the most recent calendar year ending 
prior to the beginning of the award year for 
which the determination is being made), and 
rounding the result to the nearest $10.’’; and 
(B) in paragraph (2)— 
(i) in the first sentence, by striking 
‘‘academic year after academic year 2007– 
2008’’ and inserting ‘‘award year after 
award year 2021–2022’’; and 
(ii) in the second sentence, by striking 
‘‘shall be developed’’ and all that follows 
through the period at the end and inserting 
‘‘shall be developed for each award year 
after award year 2021–2022, by increasing 
each of the dollar amounts contained in 
such section for award year 2021–2022 by 
a percentage equal to the estimated percent-
age increase in the Consumer Price Index 
(as determined by the Secretary for the most 
recent calendar year ending prior to the be-
ginning of the award year for which the de-
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606 
termination is being made), and rounding 
the result to the nearest $10.’’; and 
(2) in subsection (e)(1), by striking ‘‘academic 
year’’ and inserting ‘‘award year’’. 
SEC. 4508. ZERO EXPECTED FAMILY CONTRIBUTION. 
Section 479 of the Higher Education Act of 1965 (20 
U.S.C. 1087ss) is amended to read as follows: 
‘‘SEC. 479. ZERO EXPECTED FAMILY CONTRIBUTION. 
‘‘(a) IN GENERAL.—The Secretary shall consider an 
applicant to have an expected family contribution equal to 
zero if— 
‘‘(1) in the case of a dependent student— 
‘‘(A)(i) the student’s parents are not re-
quired to file— 
‘‘(I) a Federal income tax return; or 
‘‘(II) with respect to Internal Revenue 
Service Form 1040, any of the following 
forms: Schedule A, Schedule B, Schedule C, 
Schedule C–EZ, Schedule D, Schedule E, 
Schedule F, Schedule H, Schedule J, and 
Schedule SE; and 
‘‘(ii) the sum of the adjusted gross income 
of the parents is less than or equal to $37,000; 
or 
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608 
‘‘(3) the applicant is a pathway one applicant 
under section 483(a)(13). 
‘‘(b) EARNED INCOME CREDIT.—An individual is not 
required to qualify or file for the earned income credit in 
order to be eligible under this section. 
‘‘(c) ADJUSTMENTS.—The Secretary shall annually 
adjust the income level necessary to qualify an applicant 
for the zero expected family contribution. The income level 
shall be annually increased by the estimated percentage 
change in the Consumer Price Index, as defined in section 
478(f), for the most recent calendar year ending prior to 
the beginning of an award year, and rounded to the nearest 
$1,000. 
‘‘(d) MEANS-TESTED FEDERAL BENEFIT PROGRAM 
DEFINED.—For purposes of this title, a ‘means-tested Fed-
eral benefit program’ means a mandatory spending pro-
gram of the Federal Government, other than a program 
under this title, in which eligibility for the program’s bene-
fits, or the amount of such benefits, are determined on the 
basis of income or resources of the individual or family seek-
ing the benefit, and may include such programs as— 
‘‘(1) the supplemental security income program 
under title XVI of the Social Security Act (42 U.S.C. 
1381 et seq.); 
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609 
‘‘(2) the supplemental nutrition assistance pro-
gram under the Food and Nutrition Act of 2008 (7 
U.S.C. 2011 et seq.), a nutrition assistance program 
carried out under section 19 of such Act (7 U.S.C. 
2028), and a supplemental nutrition assistance pro-
gram carried out under section 1841(c) of title 48 of 
the United States Code; 
‘‘(3) the program of block grants for States for 
temporary assistance for needy families established 
under part A of title IV of the Social Security Act (42 
U.S.C. 601 et seq.); 
‘‘(4) the special supplemental nutrition program 
for women, infants, and children established by sec-
tion 17 of the Child Nutrition Act of 1966 (42 U.S.C. 
1786); 
‘‘(5) the State Medicaid program under title XIX 
of the Social Security Act (42 U.S.C. 1396 et seq.); 
and 
‘‘(6) any other program identified by the Sec-
retary.’’. 
SEC. 4509. AMENDMENTS TO DEFINITIONS IN NEED ANAL-
YSIS. 
(a) USING DATA FROM
THE SECOND PRECEDING 
YEAR.—Section 480(a)(1)(B) of the Higher Education Act 
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610 
of 1965 (20 U.S.C. 1087vv(a)(1)(B)) is amended by striking 
‘‘may’’ in both places it appears and inserting ‘‘shall’’. 
(b) CHANGES TO UNTAXED INCOME AND BENEFITS.— 
Section 480(b) of the Higher Education Act of 1965 (20 
U.S.C. 1087vv(b)) is amended— 
(1) in paragraph (1), to read as follows: 
‘‘(1) The term ‘untaxed income and benefits’ 
means— 
‘‘(A) child support received; 
‘‘(B) untaxed portion of pensions; 
‘‘(C) payments to individual retirement ac-
counts and Keogh accounts excluded from income 
for Federal income tax purposes; and 
‘‘(D) cash support or any money paid on 
the student’s behalf, except, for dependent stu-
dents, funds provided by the student’s parents.’’; 
and 
(2) in paragraph (2)— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (E); 
(B) by striking the period at the end of sub-
paragraph (F) and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(G) worker’s compensation; 
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611 
‘‘(H) veteran’s benefits such as death pen-
sion, dependency, or indemnity compensation, or 
veterans’ education benefits as defined in sub-
section (c); 
‘‘(I) interest on tax-free bonds; 
‘‘(J) housing, food, or other allowances (in-
cluding rent subsidies for low-income housing) 
for military, clergy, and others (including cash 
payments and cash value of benefits), or the 
value of on-base military housing or the value of 
basic allowance for housing determined under 
section 403(b) of title 37, United States Code, re-
ceived by the parents, in the case of a dependent 
student, or the student or student’s spouse, in the 
case of an independent student; or 
‘‘(K) any other untaxed income and bene-
fits, such as Black Lung Benefits, Refugee Assist-
ance, or railroad retirement benefits, or benefits 
received through participation in employment 
and training activities under title I of the Work-
force Innovation and Opportunity Act (29 
U.S.C. 3111 et seq.).’’. 
(c) AMENDMENT
TO
THE
DEFINITION
OF
INDE-
PENDENT STUDENT AS IT RELATES
TO FOSTER
AND 
HOMELESS YOUTH.—Section 480(d)(1)(H) of the Higher 
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612 
Education Act of 1965 (20 U.S.C. 1087vv(d)(1)(H)) is 
amended— 
(1) in the matter preceding clause (i)— 
(A) by striking ‘‘during the school year in 
which the application is submitted’’; 
(B) by inserting ‘‘age 23 or younger’’ after 
‘‘unaccompanied youth’’; and 
(C) by striking ‘‘terms are’’ and inserting 
‘‘term is’’; 
(2) in clause (i), by inserting ‘‘, or a designee of 
the liaison’’ after ‘‘Act’’; 
(3) in clause (ii), by striking ‘‘a program funded 
under the Runaway and Homeless Youth Act’’ and 
inserting ‘‘an emergency or transitional shelter, street 
outreach program, homeless youths drop-in center, or 
other program serving homeless youths,’’; and 
(4) in clause (iii), by striking ‘‘program funded 
under subtitle B of title IV of the McKinney-Vento 
Homeless Assistance Act (relating to emergency shel-
ter grants)’’ and inserting ‘‘Federal TRIO program 
or a Gaining Early Awareness and Readiness for Un-
dergraduate program under chapter 1 or 2 of subpart 
2 of part A,’’. 
(d) 
STREAMLINING
THE
DETERMINATION
AND 
VERIFICATION PROCESS
FOR FOSTER
AND HOMELESS 
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613 
YOUTH.—Section 480(d) of the Higher Education Act of 
1965 (20 U.S.C. 1087vv(d)) is further amended by adding 
at the end the following: 
‘‘(3) SIMPLIFYING THE DETERMINATION PROCESS 
FOR UNACCOMPANIED YOUTH.— 
‘‘(A) VERIFICATION.—A financial aid ad-
ministrator shall accept a determination of inde-
pendence made by any individual authorized to 
make such determinations under clause (i), (ii), 
or (iii) of paragraph (1)(H) in the absence of 
conflicting information. A documented phone call 
with, or a written statement from, one of the au-
thorized individuals is sufficient verification 
when needed. For purposes of this paragraph, a 
financial aid administrator’s disagreement with 
the determination made by an authorized indi-
vidual shall not be considered conflicting infor-
mation. 
‘‘(B) 
DETERMINATION
OF
INDEPEND-
ENCE.—A financial aid administrator shall 
make a determination of independence under 
paragraph (1)(H) if a student does not have, 
and cannot obtain, documentation from any of 
the other designated authorities described in such 
paragraph. Such a determination shall be— 
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614 
‘‘(i) based on the definitions outlined 
in paragraph (1)(H); 
‘‘(ii) distinct from a determination of 
independence under paragraph (1)(I); 
‘‘(iii) based on a documented interview 
with the student; and 
‘‘(iv) limited to whether the student 
meets the definitions in paragraph (1)(H) 
and not about the reasons for the student’s 
homelessness. 
‘‘(C) 
ADDITIONAL
STREAMLINING
PER-
MITTED.—Nothing in this paragraph prohibits 
an institution from implementing polices that— 
‘‘(i) streamline the determination of 
independence under paragraph (1)(H); and 
‘‘(ii) improve a student’s access to fi-
nancial aid because that student is an un-
accompanied youth. 
‘‘(4) SIMPLIFYING THE VERIFICATION PROCESS 
FOR FOSTER CARE YOUTH.— 
‘‘(A) VERIFICATION OF INDEPENDENCE.—If 
an institution requires documentation to verify 
that a student is independent based on a status 
described in paragraph (1)(B), a financial aid 
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615 
administrator shall consider any of the following 
as adequate verification: 
‘‘(i) Submission of a court order or of-
ficial State documentation that the student 
received Federal or State support in foster 
care. 
‘‘(ii) A documented phone call with, a 
written statement from, or verifiable data 
match with— 
‘‘(I) a child welfare agency au-
thorized by a State or county; 
‘‘(II) a Tribal child welfare au-
thority; 
‘‘(III) an Independent Living case 
worker; 
‘‘(IV) a public or private foster 
care placing agency or foster care facil-
ity or placement; 
‘‘(V) another program serving or-
phans, foster care youth, or wards of 
the court; or 
‘‘(VI) a probation officer. 
‘‘(iii) A documented phone call with, 
or a written statement from, an attorney, a 
guardian ad litem, or a Court Appointed 
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616 
Special Advocate, documenting that person’s 
relationship to the student. 
‘‘(iv) A documented phone call with, or 
a written statement from, a representative 
of a Federal TRIO program or a Gaining 
Early Awareness and Readiness for Under-
graduate program under chapter 1 or 2 of 
subpart 2 of part A. 
‘‘(v) Verification of the student’s eligi-
bility for an education and training vouch-
er under the John H. Chafee Foster Care 
Independence Program (42 U.S.C. 677). 
‘‘(vi) Documentation of foster care pro-
vided pursuant to section 475(5)(I) of the 
Social Security Act (45 U.S.C. 675(5)(I)). 
‘‘(vii) Submission of a copy of the stu-
dent’s biological or adoptive parents’ or 
legal guardians’— 
‘‘(I) Certificates of Death; or 
‘‘(II) verifiable obituaries. 
‘‘(viii) An attestation from the student, 
which includes a description of why the stu-
dent may qualify for a status described in 
paragraph (1)(B), including the approxi-
mate dates that the student was in foster 
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617 
care, dependent, or a ward of the court, to 
the best of the student’s knowledge after 
making reasonable efforts to provide any re-
quested documentation. 
‘‘(B) 
ADDITIONAL
STREAMLINING
PER-
MITTED.—Nothing in this paragraph prohibits 
an institution from implementing polices that 
streamline the determination of independent sta-
tus and improve a student’s access to financial 
aid because that student is an orphan, in foster 
care, or a ward of the court, or was an orphan, 
in foster care, or a ward of the court at any time 
since such student was 13 years of age or older. 
‘‘(5) TIMING; USE
OF
EARLIER
DETERMINA-
TION.— 
‘‘(A) TIMING.—A determination under sub-
paragraph (B) or (H) of paragraph (1) for a 
student— 
‘‘(i) shall be made as quickly as prac-
ticable; 
‘‘(ii) may be made as early as the year 
before the award year for which the student 
initially submits an application; and 
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618 
‘‘(iii) shall be made no later than dur-
ing the award year for which the student 
initially submits an application. 
‘‘(B) USE OF EARLIER DETERMINATION.— 
Any student who is determined to be independent 
under subparagraph (B) or (H) of paragraph (1) 
for a preceding award year at an institution 
shall be presumed to be independent for each sub-
sequent award year at the same institution un-
less— 
‘‘(i) the student informs the institution 
that circumstances have changed; or 
‘‘(ii) the institution has specific con-
flicting information about the student’s 
independence, and has informed the student 
of this information and the opportunity to 
challenge such information through a docu-
mented interview or an impartial review by 
the Borrower Advocate pursuant to section 
141(f)(6)(C). 
‘‘(6) RETENTION OF DOCUMENTS.—A financial 
aid administrator shall retain all documents related 
to the determination of independence under subpara-
graph (B) or (H) of paragraph (1), including docu-
mented interviews, for the duration of the student’s 
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619 
enrollment at the institution and for a minimum of 
1 year after the student is no longer enrolled at the 
institution.’’. 
(e) EXCLUDABLE INCOME.—Section 480(e) of the 
Higher Education Act of 1965 (20 U.S.C. 1087vv(e)) is 
amended by striking paragraph (5) and inserting the fol-
lowing: 
‘‘(5) payments made and services provided under 
part E of title IV of the Social Security Act to or on 
behalf of any child or youth over whom the State 
agency has responsibility for placement, care, or su-
pervision, including the value of vouchers for edu-
cation and training and amounts expended for room 
and board for youth who are not in foster care but 
are receiving services under section 477 of such Act; 
and’’. 
PART G—GENERAL PROVISIONS RELATING TO 
STUDENT ASSISTANCE PROGRAMS 
SEC. 4601. DEFINITION OF ELIGIBLE PROGRAM. 
(a) ELIGIBLE PROGRAM.—Section 481(b) of the High-
er Education Act of 1965 (20 U.S.C. 1088(b))— 
(1) in paragraph (1)(A)(i), by striking ‘‘profes-
sion’’ and inserting ‘‘occupation’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A)— 
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620 
(i) by redesignating clause (iii) as 
clause (vi); and 
(ii) by inserting after clause (ii) the 
following: 
‘‘(iii) has a verified annual earnings rate among 
individuals who completed the program, as deter-
mined under subparagraph (D), that is not less than 
the average or median annual earnings rate of indi-
viduals with only a high school diploma (or the 
equivalent) based on the most recently available data 
from the Bureau of Labor Statistics or the Bureau of 
the Census with respect to— 
‘‘(I) such average or median earnings rate 
in the United States; or 
‘‘(II) subject to subparagraph (E), such av-
erage or median earnings rate in the State or 
local area in which the institution offering the 
program is located; 
‘‘(iv) prepares students for gainful employment 
in a recognized occupation; 
‘‘(v) has been in operation for not less than two 
consecutive years; and’’; and 
(B) by adding at the end the following: 
‘‘(C)(i) For each subsequent year for which a program 
seeks eligibility under this paragraph, the Secretary shall 
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621 
reevaluate whether the program continues to meet the re-
quirements of clauses (i), (iii), (iv), and (vi) of subpara-
graph (A). A program that does not meet such requirements 
for two consecutive award years (or, in the case of a pro-
gram that does not meet the requirements under subpara-
graph (A)(iv), for a period of time determined by the Sec-
retary) shall be ineligible to participate in programs under 
this title— 
‘‘(I) for the period of two award years following 
the last award year for which the program was eligi-
ble to participate in such programs; and 
‘‘(II) for any subsequent award year, unless the 
program reapplies for eligibility in accordance with 
clause (iii) and the Secretary determines that the pro-
gram meets the requirements of such clauses. 
‘‘(ii) Not later than 60 days after receiving notifica-
tion from the Secretary of the loss of eligibility under clause 
(i), a program may appeal a loss of eligibility to the Sec-
retary. The Secretary may restore the eligibility of a pro-
gram under this paragraph if the program demonstrates 
to the Secretary that extenuating circumstances led to the 
loss of eligibility. 
‘‘(iii) The Secretary shall issue a decision on any ap-
peal submitted by a program under clause (ii) not later 
than 45 days after its submission. 
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622 
‘‘(iv) After the expiration of the two-year period de-
scribed in clause (i)(I), a program that lost eligibility under 
clause (i) may reapply to the Secretary for a determination 
of eligibility under this paragraph. 
‘‘(D)(i) In this subsection, the term ‘verified annual 
earnings rate’ means the mean or median annual earnings 
rate (whichever is higher) of individuals who completed a 
program calculated as of the date that is approximately one 
year after the date on which such individuals completed the 
program. 
‘‘(ii) For the first year for which a program seeks eligi-
bility under this paragraph, the institution that offers such 
program shall— 
‘‘(I) determine the verified annual earnings rate 
using data obtained on individuals who completed the 
program; 
‘‘(II) obtain an audit of such determination from 
an independent auditor; 
‘‘(III) together with the auditor described in sub-
clause (II), certify the accuracy of the verified annual 
earnings rate to the Secretary; and 
‘‘(IV) determine the completion rate for the pro-
gram, as described in subparagraph (A)(i), and cer-
tify to the Secretary the accuracy of such determina-
tion. 
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623 
‘‘(iii) For each subsequent year for which a program 
seeks eligibility under this paragraph, the Secretary shall 
determine the verified annual earnings rate and completion 
rate for the program using data made available to the Sec-
retary through the postsecondary student data system estab-
lished under section 132(l) or a successor system (whichever 
includes the most recent data). 
‘‘(E)(i) Except as provided in clause (ii), for purposes 
of calculating the average annual earnings rate of individ-
uals with only a high school diploma (or the equivalent) 
under subparagraph (A)(ii) the Secretary shall apply the 
national average or median earnings rate in the United 
States. 
‘‘(ii) The Secretary may apply the average or median 
earnings rate in the State or local area in which the institu-
tion offering a program is located, in lieu of the national 
average earnings rate, if the institution provides sufficient 
justification to the Secretary. 
‘‘(F) Using the postsecondary student data system es-
tablished under section 132(l) or a successor system to 
streamline reporting requirements and minimize reporting 
burdens, and in coordination with the National Center for 
Education Statistics and each institution of higher edu-
cation offering an eligible program under this paragraph, 
the Secretary shall, on at least an annual basis, collect data 
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624 
with respect to each such eligible program, including the 
following: 
‘‘(i) The number and demographics of students 
who enroll in the program. 
‘‘(ii) The number of credits attempted and accu-
mulated annually by students enrolled in the pro-
gram. 
‘‘(iii) The share of such students who cease en-
rollment on or before the completion of 60 percent of 
the payment period or period of enrollment. 
‘‘(iv) The verified completion rate for the pro-
gram, as described in subparagraph (A)(i). 
‘‘(v) The mean and median annual earnings of 
graduates and the verified annual earnings rate for 
the program, as described in subparagraph (A)(ii). 
‘‘(vi) The number and demographics of students 
who complete the program. 
‘‘(vii) The outcomes of the students who complete 
the program, including— 
‘‘(I) the share of such students who continue 
enrollment at the institution of higher education 
offering the program; 
‘‘(II) the share of such students who transfer 
to another institution of higher education; 
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625 
‘‘(III) the share of such students who com-
plete a subsequent certificate or degree program; 
‘‘(IV) the share of such students who secure 
employment 6 months and 1 year, respectively— 
‘‘(aa) after completion of such pro-
gram; or 
‘‘(bb) in the case of a program that 
prepares students for a professional license 
or certification exam, after acquiring such 
license or certification; and 
‘‘(V) in the case of a program that prepares 
students for a professional license or certification 
exam, the share of such students who pass such 
exam.’’; and 
(3) in paragraph (4), by inserting ‘‘or in addi-
tion to’’ after ‘‘in lieu of’’. 
(b) REPORT.—Not later than 3 years after the date 
of enactment of this Act, the Secretary of Education shall— 
(1) submit to the Committee on Education and 
Labor of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions of 
the Senate a report on the impact of eligible programs 
described in section 481(b)(2) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1088(b)(2)), as amend-
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626 
ed by this Act, based on the most recent data collected 
under subparagraph (F) of such section; and 
(2) make the report described in paragraph (1) 
publicly available on the website of the Department of 
Education. 
SEC. 4602. DEFINITION OF THIRD PARTY SERVICER. 
Section 481(c) of the Higher Education Act of 1965 
(20 U.S.C. 1088(c)) is amended— 
(1) in paragraph (1), by striking ‘‘or’’ at the 
end; 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) any eligible institution of higher education 
to recruit students; or’’. 
SEC. 4603. FAFSA SIMPLIFICATION. 
Section 483 of the Higher Education Act of 1965 (20 
U.S.C. 1090) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘process’’ and all that follows through the 
end of clause (ii) and inserting ‘‘process a 
paper version of the forms described in this 
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627 
subsection, in accordance with subpara-
graph (B).’’; 
(ii) by striking subparagraph (B); 
(iii) by redesignating subparagraph 
(C) as subparagraph (B); and 
(iv) in subparagraph (B), as so redes-
ignated, by striking ‘‘subparagraphs (A) 
and (B)’’ and inserting ‘‘subparagraph 
(A)’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A), by striking 
the last sentence; 
(ii) by striking subparagraph (B), and 
redesignating subparagraphs (C) through 
(H) as subparagraphs (B) through (G), re-
spectively; 
(iii) in subparagraph (D), as so redes-
ignated— 
(I) by striking ‘‘The Secretary’’ 
and inserting the following: 
‘‘(i) IN
GENERAL.—The Secretary’’; 
and 
(II) by adding at the end the fol-
lowing: 
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628 
‘‘(ii) SCHOLARSHIP GRANTING ORGANI-
ZATIONS.— 
‘‘(I) AUTHORIZATION.—An insti-
tution of higher education may, with 
explicit written consent of an appli-
cant who has completed a form devel-
oped under this section, provide such 
information collected from such form 
as is necessary to an organization de-
scribed in subclause (II) that is des-
ignated by the applicant to assist the 
applicant in applying for and receiv-
ing financial assistance for any com-
ponent of the applicant’s cost of at-
tendance at that institution. 
‘‘(II) DEFINITION
OF
ORGANIZA-
TION.—An organization described in 
this subclause— 
‘‘(aa) means a scholarship 
granting organization, including 
a tribal organization (defined in 
section 4 of the Indian Self-Deter-
mination and Education Assist-
ance Act (25 U.S.C. 5304))) or an 
organization assisting an appli-
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629 
cant in applying for and receiv-
ing Federal, State, local, or tribal 
assistance; and 
‘‘(bb) shall be subject to the 
requirements of clause (i).’’; and 
(iv) in subparagraph (E), as so redes-
ignated, by striking ‘‘subparagraph (G)’’ 
and inserting ‘‘subparagraph (F)’’; 
(C) in paragraph (4)— 
(i) by striking ‘‘academic year’’ each 
place it appears and inserting ‘‘award 
year’’; 
(ii) in subparagraph (A), by striking 
clause (iv); and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) SINGLE QUESTION REGARDING HOME-
LESS STATUS.—The Secretary shall ensure that, 
on each form developed under this section for 
which the information is applicable, there is a 
single, easily understood screening question to 
identify an applicant for aid who is— 
‘‘(i) an unaccompanied homeless child 
or youth (as such term is defined in section 
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630 
725 of the McKinney-Vento Homeless Assist-
ance Act); or 
‘‘(ii) an unaccompanied youth who is 
self-supporting and at risk of homelessness. 
‘‘(D) INCARCERATED INDIVIDUALS.— 
‘‘(i) IN GENERAL.—The Secretary shall 
streamline the forms and processes for an 
incarcerated individual (as defined in sec-
tion 401(n)(4)) to apply for a Federal Pell 
Grant under section 401, which— 
‘‘(I) shall be used to determine the 
expected family contribution for such 
individual as of the date of enrollment 
in the course for which the individual 
is applying for such Federal Pell 
Grant; and 
‘‘(II) may include— 
‘‘(aa) flexibility in the sub-
mission of any required docu-
mentation required to verify eligi-
bility for a Federal Pell Grant; 
and 
‘‘(bb) assistance in rehabili-
tating loans under section 428F. 
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631 
‘‘(ii) REPORT.—Not later than 1 year 
after the date of enactment of the College Af-
fordability Act, the Secretary shall submit 
to the Committee on Education and Labor 
of the House of Representatives and the 
Committee on Health, Education, Labor, 
and Pensions of the Senate, and make pub-
licly available on the website of the Depart-
ment, a report on how the forms and proc-
esses are being streamlined under clause 
(i).’’; 
(D) in paragraph (5)— 
(i) in subparagraph (A), by striking 
‘‘paragraphs 
(2)(B)(iii), 
(3)(B), 
and 
(4)(A)(ii)’’ 
and 
inserting 
‘‘paragraph 
(4)(A)(ii)’’; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘determine’’ and 
all that follows through ‘‘which’’ and 
inserting ‘‘determine which’’; 
(II) by striking ‘‘; and’’ and in-
serting a period; and 
(III) by striking clause (ii); 
(iii) in subparagraph (C), by striking 
‘‘Beginning’’ and all that follows through 
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‘‘of the State-specific’’ and inserting ‘‘The 
Secretary shall publish on an annual basis 
a notice in the Federal Register requiring 
State agencies to inform the Secretary of the 
State-specific’’; and 
(iv) by striking subparagraphs (D) 
through (F), and redesignating subpara-
graph (G) as subparagraph (D); and 
(E) by adding at the end the following: 
‘‘(13) FAFSA PATHWAYS.— 
‘‘(A) MEMORANDUM OF UNDERSTANDING.— 
Not later than the effective date of the College Af-
fordability Act, the Secretary shall seek to enter 
into a Memorandum of Understanding with the 
Secretary of Health and Human Services, the 
Secretary of Agriculture, and the Secretary of 
the Treasury, under which any information ex-
changed 
under 
an 
income 
and 
eligibility 
verification system established pursuant to sec-
tion 1137 of the Social Security Act by State 
agencies administering a program listed in 
paragraph (1), (4), or (5) of subsection (b) of 
such section which may be of use in establishing 
or verifying eligibility or benefit amounts under 
such program shall be made available to the Sec-
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retary of Education to assist in determining 
whether the applicant (or, in the case of a de-
pendent applicant, whether the applicant or the 
applicant’s parents) received a benefit at some 
time during the previous 24-month period under 
a means-tested Federal benefit program, but sub-
ject to the requirements of Federal law. 
‘‘(B) REQUIREMENT FOR ALL APPLICANTS 
AND THE SECRETARY.—For any award year for 
which an applicant applies for financial assist-
ance under this title (except for any award year 
for which, pursuant to paragraph (14), the ap-
plicant is not required to submit a FAFSA)— 
‘‘(i) the applicant shall provide on the 
form described in this subsection whether 
the applicant received (or, in the case of a 
dependent applicant, whether the applicant 
or the parents of the applicant received) a 
benefit at some time during the previous 24- 
month period under a means-tested Federal 
benefit program; and 
‘‘(ii) the Secretary, to the extent prac-
ticable and pursuant to the Memorandum of 
Understanding entered into under subpara-
graph (A), and without any further action 
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634 
by the applicant, shall verify the appli-
cant’s (or, in the case of a dependent appli-
cant, the applicant’s or the applicant’s par-
ents’) receipt of such benefit. 
‘‘(C) PATHWAY ONE APPLICANTS.— 
‘‘(i) IN GENERAL.—With respect to an 
applicant who received (or, in the case of a 
dependent applicant, an applicant who re-
ceived or whose parents received) a benefit 
at some time during the previous 24-month 
period under a means-tested Federal benefit 
program, the applicant shall not be required 
to provide any further income or asset in-
formation on the form under this subsection. 
‘‘(ii) DESIGNATION.—For purposes of 
this section and part F, an applicant de-
scribed in clause (i) shall be referred to as 
a ‘pathway one applicant’. 
‘‘(D) PATHWAY TWO APPLICANTS.— 
‘‘(i) IN GENERAL.—With respect to an 
applicant who is not a pathway one appli-
cant and who is described in clause (ii), the 
Secretary, to the extent practicable, shall 
use the data retrieval tool under section 
484(p) to obtain any information for the 
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635 
applicant beyond the information described 
in subparagraph (A) for purposes of the 
form under this subsection. 
‘‘(ii) REQUIREMENTS.—An applicant 
described in this clause is an applicant who 
certifies that— 
‘‘(I) the applicant is not required 
to file or, in the case of a dependent 
applicant, no parent of the applicant 
is required to file— 
‘‘(aa) a Federal income tax 
return; or 
‘‘(bb) with respect to Internal 
Revenue Service Form 1040, any 
of the following forms: Schedule A, 
Schedule B, Schedule C, Schedule 
C–EZ, Schedule D, Schedule E, 
Schedule F, Schedule H, Schedule 
J, and Schedule SE; and 
‘‘(II) the sum of the adjusted gross 
income of the applicant or, in the case 
of a dependent applicant, the parents 
of the applicant, is less than or equal 
to $60,000. 
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636 
‘‘(iii) DESIGNATION.—For purposes of 
this section and part F, an applicant de-
scribed in clause (i) shall be referred to as 
a ‘pathway two applicant’. 
‘‘(E) PATHWAY THREE APPLICANTS.— 
‘‘(i) IN GENERAL.—With respect to an 
applicant who is not a pathway one appli-
cant or a pathway two applicant, the Sec-
retary, to the extent practicable, shall use 
the data retrieval tool under section 484(p) 
to obtain any information for the applicant 
beyond the information described in sub-
paragraph (A) for purposes of the form 
under this subsection. 
‘‘(ii) DESIGNATION.—For purposes of 
this section and part F, an applicant de-
scribed in clause (i) shall be referred to as 
a ‘pathway three applicant’. 
‘‘(F) MEANS-TESTED
FEDERAL
BENEFIT 
PROGRAM DEFINED.—For purposes of this para-
graph, the term ‘means-tested Federal benefit 
program’ has the meaning given the term in sec-
tion 479(d). 
‘‘(14) ONE-TIME FAFSA FILING.— 
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637 
‘‘(A) IN
GENERAL.—Notwithstanding any 
other provision of this section and subject to sub-
paragraphs (B) and (C), an applicant who sub-
mits a FAFSA for the first time for an award 
year for the period required for the completion of 
the first undergraduate baccalaureate course of 
study being pursued by such applicant and is el-
igible to receive a Federal Pell Grant for such 
award year, for any succeeding award year— 
‘‘(i) for which the applicant does not 
submit a FAFSA and for which the appli-
cant submits a certification form described 
in subparagraph (D) that does not indicate 
a change in the dependency status of such 
applicant, such applicant— 
‘‘(I) shall not be required to sub-
mit a FAFSA to receive financial as-
sistance under this title; and 
‘‘(II) shall have an expected fam-
ily contribution for such year that is 
equal to the expected family contribu-
tion of the applicant determined for 
the award year for which the applicant 
submitted a FAFSA for such period, 
except that an adjustment may be 
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638 
made under section 479A that results 
in a change in such expected family 
contribution; 
‘‘(ii) for which the applicant submits a 
certification form described in subpara-
graph (D) that indicates a change in the de-
pendency status of the applicant, such ap-
plicant— 
‘‘(I) shall be required to submit a 
FAFSA with respect to such award 
year to receive financial assistance 
under this title; and 
‘‘(II) shall have an expected fam-
ily contribution for such year that is 
determined based on such FAFSA; 
‘‘(iii) for which the applicant submits 
a FAFSA, such applicant— 
‘‘(I) shall have an expected family 
contribution for such year that is de-
termined based on such FAFSA; and 
‘‘(II) shall be required to submit a 
FAFSA for any other award year for 
which the applicant seeks financial as-
sistance under this title; and 
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639 
‘‘(iv) for which the applicant does not 
submit a certification form described in 
subparagraph (D), such applicant shall sub-
mit a FAFSA for such succeeding award 
year and any other award year for which 
the applicant seeks financial assistance 
under this title. 
‘‘(B) ADJUSTMENT
OF
EXPECTED
FAMILY 
CONTRIBUTION.—With respect to an applicant 
described in subparagraph (A)(i) who receives an 
adjustment under section 479A that results in a 
change to the expected family contribution of the 
applicant, for any succeeding award year after 
the award year for which the adjustment was 
made, subclause (II) of such subparagraph shall 
be applied to such applicant by substituting ‘ex-
pected family contribution of the applicant as 
most recently changed as a result of an adjust-
ment under section 479A for such applicant’ for 
the ‘expected family contribution of the applicant 
determined for the award year for which the ap-
plicant submitted a FAFSA for such period’. 
‘‘(C) RULE FOR CERTAIN STUDENTS.—With 
respect to an applicant who submits a FAFSA 
for award year 2021–2022 and enrolls in an in-
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stitution of higher education for such year, sub-
paragraph (A) shall be applied— 
‘‘(i) in the matter preceding clause (i), 
by substituting ‘award year 2021–2022’ for 
‘the first time for an award year’; and 
‘‘(ii) in clause (i)(II), by substituting 
‘award year 2021–2022’ for ‘the award year 
for which the applicant submitted a FAFSA 
for such period’. 
‘‘(D) STUDENT CERTIFICATION FORM.—The 
Secretary, in cooperation with representatives of 
agencies and organizations involved in student 
financial assistance, shall use behavioral science 
insights to produce, distribute, and process free 
of charge a short and simple consumer-tested cer-
tification form that uses skip logic to bypass 
fields that are inapplicable to an applicant. 
Such form shall not require an applicant to pro-
vide data that the Secretary may otherwise ob-
tain with respect to the applicant (such as age 
or active duty military status), and may only 
contain the data elements required for purposes 
of subparagraph (A)(i)— 
‘‘(i) to confirm whether the applicant 
is— 
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‘‘(I) a dependent student; 
‘‘(II) a single independent student 
or a married independent student 
without dependents (other than a 
spouse); or 
‘‘(III) an independent student 
with dependents other than a spouse; 
‘‘(ii) to allow the applicant to update 
the contact information of such applicant or 
the Federal School Code of the institution of 
higher education in which the applicant is, 
or will be enrolled, for the award year for 
which the applicant submits such form; and 
‘‘(iii) to ask whether the applicant’s 
need and eligibility for financial assistance 
under this title has not changed substan-
tially since the most recent of the following: 
‘‘(I) The applicant submitted a 
FAFSA. 
‘‘(II) The applicant received an 
adjustment under section 479A that re-
sults in a change to the expected fam-
ily contribution of the applicant. 
‘‘(E) DEFINITIONS.—In this paragraph: 
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‘‘(i) DEPENDENCY STATUS.—The term 
‘dependency status’ means the status of an 
applicant as— 
‘‘(I) a dependent student; 
‘‘(II) a single independent student 
or a married independent student 
without dependents (other than a 
spouse); or 
‘‘(III) an independent student 
with dependents other than a spouse. 
‘‘(ii) SUCCEEDING AWARD YEAR.—The 
term ‘succeeding award year’— 
‘‘(I) when used with respect to an 
applicant who submits a FAFSA for 
the first time for an award year for the 
period required for the completion of 
the first undergraduate baccalaureate 
course of study being pursued by such 
applicant, means any award year for 
such period that follows the award 
year for which the applicant submits 
such FAFSA; and 
‘‘(II) when used with respect to 
an applicant described in subpara-
graph (C), means any award year 
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after award year 2021–2022 for the pe-
riod required for the completion of the 
first 
undergraduate 
baccalaureate 
course of study being pursued by such 
applicant. 
‘‘(15) FAFSA IN
VARIOUS
LANGUAGES.—The 
Secretary shall— 
‘‘(A) translate the form developed under this 
subsection into not fewer than 11 foreign lan-
guages based on the languages most often spoken 
by English learner students and their parents, 
and make the translated form available and ac-
cessible to applicants in paper and electronic 
formats; and 
‘‘(B) ensure that the form developed under 
this subsection is available in formats accessible 
to individuals with disabilities.’’; 
(2) in subsection (c), by striking the last sen-
tence; 
(3) in subsection (d)(3)— 
(A) in subparagraph (A), by striking ‘‘and 
EZ FAFSA’’; and 
(B) in subparagraph (B), by striking ‘‘and 
EZ FAFSA’’; 
(4) in subsection (e)— 
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(A) in paragraph (3) by striking ‘‘or, as 
appropriate, an EZ FAFSA,’’; and 
(B) in paragraph (5)(D), by striking ‘‘or, 
as appropriate, an EZ FAFSA,’’; 
(5) by amending subsection (f) to read as follows: 
‘‘(f) USE OF INTERNAL REVENUE SERVICE DATA RE-
TRIEVAL TOOL TO POPULATE FAFSA.— 
‘‘(1) SIMPLIFICATION EFFORTS.—The Secretary 
shall— 
‘‘(A) make every effort to allow applicants 
to utilize the data retrieval tool to transfer data 
available from the Internal Revenue Service to 
reduce the amount of original data entry by ap-
plicants and strengthen the reliability of data 
used to calculate expected family contributions, 
including through the use of technology to— 
‘‘(i) allow an applicant to automati-
cally populate the electronic version of the 
forms under this paragraph with data 
available from the Internal Revenue Serv-
ice; and 
‘‘(ii) direct an applicant to appro-
priate questions on such forms based on the 
applicant’s answers to previous questions; 
and 
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645 
‘‘(B) allow taxpayers, regardless of filing 
status, to utilize the data retrieval tool to its full 
capacity. 
‘‘(2) USE OF TAX RETURN IN APPLICATION PROC-
ESS.—The Secretary shall continue to examine wheth-
er data provided by the Internal Revenue Service can 
be used to generate an expected family contribution 
without additional action on the part of the student 
and taxpayer. 
‘‘(3) REPORTS
ON
FAFSA
SIMPLIFICATION
EF-
FORTS.—Not less than once every other year, the Sec-
retary shall report to the authorizing committees and 
the Committees on Appropriations of the House of 
Representatives and the Senate on the progress of the 
simplification efforts under this subsection.’’; 
(6) by repealing subsection (g); 
(7) by redesignating subsection (h) as subsection 
(g); and 
(8) by adding at the end the following: 
‘‘(h) DATA TRANSPARENCY ON THE NUMBER OF AP-
PLICANTS.— 
‘‘(1) IN GENERAL.—The Secretary shall annually 
publish data on the number of individuals who apply 
for Federal student aid pursuant to this section who 
are homeless individuals described in section 725 of 
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646 
the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11434a), including unaccompanied youth and 
foster care youth. 
‘‘(2) CONTENTS.—The data described in para-
graph (1) with respect to homeless individuals shall 
include, at a minimum, for each application cycle— 
‘‘(A) the total number of all applicants who 
were determined to be (or to be at risk of becom-
ing) unaccompanied homeless youth under sec-
tion 480(d)(1)(H); 
‘‘(B) the number of applicants described in 
subparagraph (A), disaggregated— 
‘‘(i) by State; and 
‘‘(ii) by the sources of determination as 
described in clauses (i) through (iv) of sec-
tion 480(d)(1)(H); and 
‘‘(C) the number of undetermined requests 
for homelessness consideration, including statuses 
that remain unknown because no determination 
had been made in response to the applicant’s re-
quest for the institution to consider the appli-
cant’s special circumstance of being homeless. 
‘‘(i) PROHIBITION ON QUESTIONS RELATING TO DRUG 
OFFENSES.—The Secretary may not include on the forms 
developed under this subsection any data items relating to 
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whether an applicant has a conviction of any offense under 
any Federal or State law involving the possession or sale 
of a controlled substance (as defined in section 102(6) of 
the Controlled Substances Act (21 U.S.C. 802(6)). 
‘‘(j) FAFSA VERIFICATION.— 
‘‘(1) IN GENERAL.—With respect to applicants 
who submit a FAFSA for an award year and were 
determined using data provided in such FAFSA to be 
eligible to receive a Federal Pell Grant for such 
award year, the Secretary shall submit to the author-
izing committees, and make publicly available, a re-
port for such award year on— 
‘‘(A) the number and share of such appli-
cants who received a Federal Pell Grant for such 
award year; 
‘‘(B) the number and share of such appli-
cants who did not receive a Federal Pell Grant 
for such year; 
‘‘(C) the number and share of such appli-
cants who were selected by the Secretary for 
verification of the data provided in the FAFSA; 
‘‘(D) to the extent practicable, the number 
and share of applicants described in subpara-
graph (C) who enrolled in an institution of high-
er education in a year after such selection; 
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‘‘(E) the number and share of applicants 
described in subparagraph (C) who completed the 
verification process; 
‘‘(F) of the applicants described in subpara-
graph (E)— 
‘‘(i) the average of the expected family 
contribution for all such applicants as de-
termined using data provided in the 
FAFSA; 
‘‘(ii) the average of the expected family 
contribution difference for all such appli-
cants; 
‘‘(iii) the average of the expected fam-
ily contribution difference for all such ap-
plicants whose expected family contribution 
as determined using data provided in the 
verification process was greater than the ex-
pected family contribution as determined 
using data provided in the FAFSA; and 
‘‘(iv) the average of the expected family 
contribution difference for all such appli-
cants whose expected family contribution as 
determined using data provided in the 
FAFSA was greater than the expected fam-
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ily contribution as determined using data 
provided in the verification process; 
‘‘(G) of the applicants described in subpara-
graph (E)— 
‘‘(i) the average Federal Pell Grant 
amount for all such applicants as deter-
mined using data provided in the FAFSA; 
‘‘(ii) the average of the Federal Pell 
Grant difference for all such applicants; 
‘‘(iii) the average of the Federal Pell 
Grant difference for all such applicants 
whose Federal Pell Grant amount as deter-
mined 
using 
data 
provided 
in 
the 
verification process was greater than the 
Federal Pell Grant amount as determined 
using data provided in the FAFSA; 
‘‘(iv) the average of the Federal Pell 
Grant difference for all such applicants 
whose Federal Pell Grant amount as deter-
mined using data provided in the FAFSA 
was greater than the Federal Pell Grant 
amount as determined using data provided 
in the verification process; and 
‘‘(v) the number and share of such ap-
plicants who were determined using the 
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data provided in the verification process to 
be ineligible for a Federal Pell Grant; 
‘‘(H) the number and share of applicants 
described in subparagraph (C) who received a 
Federal Pell Grant for such award year; and 
‘‘(I) the number and share of applicants de-
scribed in subparagraph (C) who did not receive 
a Federal Pell Grant for such award year. 
‘‘(2) DISAGGREGATION.—The data provided in a 
report under paragraph (1) shall be disaggregated— 
‘‘(A) by applicants who were pathway one 
applicants for such year; 
‘‘(B) by applicants who were pathway two 
applicants for such year; 
‘‘(C) by applicants who were pathway three 
applicants for such year; and 
‘‘(D) with respect to applicants described in 
subparagraphs (C) and (E), the verification 
tracking groups of such applicants. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) EXPECTED FAMILY CONTRIBUTION DIF-
FERENCE.—The term ‘expected family contribu-
tion difference’ means, with respect to an appli-
cant who completed a verification process with 
respect to the FAFSA, the difference between— 
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651 
‘‘(i) the expected family contribution of 
such applicant as determined using data 
provided in the FAFSA; and 
‘‘(ii) the expected family contribution 
of such applicant as determined using data 
provided in the verification process. 
‘‘(B) FEDERAL PELL GRANT DIFFERENCE.— 
The term ‘Federal Pell Grant difference’ means, 
with respect to an applicant who completed a 
verification process with respect to the FAFSA, 
the difference between— 
‘‘(i) the amount of the Federal Pell 
Grant of such applicant as determined 
using data provided in the FAFSA; and 
‘‘(ii) the amount of the Federal Pell 
Grant of such applicant as determined 
using data provided in the verification 
process. 
‘‘(k) FINANCIAL AID OFFERS.— 
‘‘(1) REQUIREMENTS FOR OFFERS.— 
‘‘(A) SECRETARIAL
REQUIREMENTS.—Not 
later than 18 months after the date of enactment 
of the College Affordability Act, the Secretary 
shall, based on the consumer testing conducted 
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652 
under subparagraph (E), publish requirements 
for financial aid offers that shall— 
‘‘(i) include a requirement that finan-
cial aid offers shall serve as the primary 
source for Federal, State, and institutional 
financial aid information provided by an 
institution of higher education partici-
pating in any program under this title to 
each prospective student accepted for admis-
sion and each enrolled student at such insti-
tution; 
‘‘(ii) include a requirement that such 
offers include a standardized quick reference 
box described in subparagraph (D); 
‘‘(iii) establish standardized terms and 
definitions, including for the elements listed 
in subparagraph (C), that shall be included 
in each such offer; 
‘‘(iv) establish formatting requirements 
with respect to the organization of the ele-
ments listed in subparagraph (C)), which 
shall include a requirement that prohibits 
such offers from displaying loans in a man-
ner that indicates or implies that such loans 
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653 
reduce the amount owed to the institution 
or reduce the net price; and 
‘‘(v) specify the simple, plain-language, 
and consumer-friendly information to be in-
cluded in each such offer with respect to the 
financial aid being offered to a student, 
which shall include— 
‘‘(I) an explanation of differences 
among each such type of financial aid, 
including clear explanations that— 
‘‘(aa) grants and scholar-
ships do not have to be repaid; 
‘‘(bb) loans (including loans 
made under part D and private 
education loans (as defined in sec-
tion 140 of the Truth in Lending 
Act)) must be repaid with inter-
est; and 
‘‘(cc) payments under Fed-
eral-work study programs under 
part C are contingent on finding 
qualified employment and are 
typically disbursed incrementally 
in paychecks; 
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‘‘(II) 
information 
encouraging 
students to consider loans made under 
part D before such private education 
loans; 
‘‘(III) information clarifying that 
students may— 
‘‘(aa) decline to accept a loan 
made under part D; or 
‘‘(bb) accept an amount of 
such loan that is less than the 
amount of such loan included in 
the financial aid offer; and 
‘‘(IV) in a case in which the insti-
tution offers a student such a loan in 
an amount that is less than the max-
imum amount for which the student is 
eligible, an explanation that the stu-
dent is eligible for additional loans 
under part D. 
‘‘(B) INSTITUTIONAL REQUIREMENTS.—Be-
ginning with the award year that begins not less 
than 1 year after the Secretary publishes require-
ments under subparagraph (A), each institution 
of higher education described in subparagraph 
(A)(i) shall provide a financial aid offer to each 
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655 
student described in such subparagraph prior to 
each academic year that— 
‘‘(i) shall comply with the require-
ments published by the Secretary under sub-
paragraph (A); and 
‘‘(ii) may be supplemented by the in-
stitution with additional, non-contradictory 
information related to financial aid as long 
as such supplementary information uses the 
standardized terms and definitions de-
scribed in subparagraph (A)(iii). 
‘‘(C) ELEMENTS.—A financial aid offer 
provided by an institution of higher education 
shall include the following elements with respect 
to the academic year for which the offer is being 
provided: 
‘‘(i) The cost of attendance, which shall 
include separately calculated subtotals of— 
‘‘(I) an itemized list of estimated 
direct costs owed to the institution; 
and 
‘‘(II) an itemized list of antici-
pated student expenses not covered 
under subclause (I). 
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656 
‘‘(ii) Federal, State, and institutional 
financial aid available to the student, which 
shall include separately calculated subtotals 
of— 
‘‘(I) grants and scholarships; 
‘‘(II) loans made under part D 
(excluding 
Federal 
Direct 
Parent 
PLUS Loans) and part E; and 
‘‘(III) Federal-work study pro-
grams under part C and other on-cam-
pus employment. 
‘‘(iii) Other options that may be avail-
able to students to cover the cost of attend-
ance (including Federal Direct Parent 
PLUS Loans, tuition payment plans, sav-
ings, and earnings from other employment). 
‘‘(iv) The net price, which shall be de-
termined by calculating the difference be-
tween— 
‘‘(I) the cost of attendance de-
scribed in clause (i); and 
‘‘(II) the grants and scholarships 
described in clause (ii)(I). 
‘‘(v) Next step instructions, includ-
ing— 
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657 
‘‘(I) the process and deadlines for 
accepting the financial aid; and 
‘‘(II) information about where to 
find additional information on the fi-
nancial aid offered. 
‘‘(vi) Any other information deter-
mined necessary by the Secretary based on 
the consumer testing conducted under sub-
paragraph (E), which may include the fol-
lowing: 
‘‘(I) An estimate of the net direct 
cost, which shall be determined by cal-
culating the difference between— 
‘‘(aa) the direct costs owed to 
the institution described in clause 
(i)(I); and 
‘‘(bb) the grants and scholar-
ships described in clause (ii)(I). 
‘‘(II) Information on average stu-
dent debt, loan repayment and default 
rates, loan repayment options, and 
graduation rates. 
‘‘(III) In the case of a prospective 
student, the process and deadlines for 
enrolling at the institution. 
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658 
‘‘(IV) Information regarding the 
enrollment period covered by the aid 
offer, and whether the cost and aid es-
timates are based on full-time or part- 
time enrollment. 
‘‘(D) STANDARDIZED
QUICK
REFERENCE 
BOX.—A financial aid offer provided by an in-
stitution of higher education shall include a 
standardized quick reference box to enable stu-
dents to quickly and easily compare key infor-
mation on college costs and financial aid— 
‘‘(i) that shall be included in an iden-
tical fashion for each student receiving a fi-
nancial aid offer from the institution on the 
first page of such offer; 
‘‘(ii) the contents and structure of 
which shall be developed through consumer 
testing conducted under paragraph (E); and 
‘‘(iii) that shall include not more than 
8 elements, which, at a minimum, shall in-
clude— 
‘‘(I) the cost of attendance; 
‘‘(II) grants and scholarships; and 
‘‘(III) net price (as calculated 
under subparagraph (C)(iv)). 
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659 
‘‘(E) CONSUMER TESTING.—The Secretary 
shall— 
‘‘(i) conduct consumer testing that 
shall serve as the basis in determining the 
requirements for financial aid offers pub-
lished under subparagraph (A), which shall 
include students (including low-income stu-
dents, English learners, first generation col-
lege students, veteran students, graduate 
students, and undergraduate students (in-
cluding prospective students and returning 
students)), students’ families (including 
low-income families, families of English 
learners, and families with first generation 
college students), institutions of higher edu-
cation (including representatives from two- 
and four-year institutions, public and pri-
vate institutions, and minority-serving in-
stitutions), secondary school and postsec-
ondary counselors, financial aid adminis-
trators, nonprofit college access organiza-
tions, and nonprofit consumer groups; and 
‘‘(ii) not later than 60 days after the 
publication of the requirements under sub-
paragraph (A)— 
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660 
‘‘(I) issue a report on the findings 
of the consumer testing under this sub-
paragraph; and 
‘‘(II) specify ways in which the 
findings are reflected in such require-
ments. 
‘‘(2) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘English learner’ has the 
meaning given the term in section 8101(20) of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801(20)), except that such term 
does not include individuals described in sub-
paragraph (B) of such section; 
‘‘(B) the term ‘first generation college stu-
dent’ has the meaning given the term in section 
402A(h)); 
‘‘(C) the term ‘low-income student’ has the 
meaning given the term in section 419N(b)(7); 
and 
‘‘(D) the term ‘minority-serving institution’ 
means an institution of higher education de-
scribed in section 371(a).’’. 
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661 
SEC. 4604. STUDENT ELIGIBILITY. 
(a) IN GENERAL.—Section 484(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1091(a)) is amended to read 
as follows: 
‘‘(a) IN GENERAL.— 
‘‘(1) GRANTS; LOANS; WORK
ASSISTANCE.—In 
order to receive any grant, loan, or work assistance 
under this title, a student must— 
‘‘(A) be enrolled or accepted for enrollment 
in a degree, certificate, or other program (includ-
ing a program of study abroad approved for 
credit by the eligible institution at which such 
student is enrolled) leading to a recognized edu-
cational credential at an institution of higher 
education that is an eligible institution in ac-
cordance with the provisions of section 487, ex-
cept as provided in subsections (b)(3) and (b)(4), 
and not be enrolled in an elementary or sec-
ondary school; 
‘‘(B) if the student is presently enrolled at 
an institution, be maintaining satisfactory 
progress in the course of study the student is 
pursuing in accordance with the provisions of 
subsection (c); 
‘‘(C) not owe a refund on grants previously 
received at any institution under this title, or be 
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in default on any loan from a student loan fund 
at any institution provided for in part E, or a 
loan made, insured, or guaranteed by the Sec-
retary under this title for attendance at any in-
stitution; 
‘‘(D) file with the Secretary, as part of the 
original financial aid application process, a cer-
tification, which need not be notarized, but 
which shall include— 
‘‘(i) a statement of educational purpose 
stating that the money attributable to such 
grant, loan, or loan guarantee will be used 
solely for expenses related to attendance or 
continued attendance at such institution; 
and 
‘‘(ii) such student’s social security 
number; and 
‘‘(E) if the student has been convicted of, or 
has pled nolo contendere or guilty to, a crime in-
volving fraud in obtaining funds under this title, 
have completed the repayment of such funds to 
the Secretary, or to the holder in the case of a 
loan under this title obtained by fraud. 
‘‘(2) GRANTS; LOANS; WORK ASSISTANCE; SERV-
ICES.— 
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‘‘(A) IN GENERAL.—In order to receive any 
grant, loan, or work assistance under this title, 
or any service provided pursuant to a program 
or project funded under this title, a student 
must— 
‘‘(i) be a citizen, national, or perma-
nent resident of the United States; 
‘‘(ii) be able to provide evidence from 
the Department of Homeland Security that 
he or she is in the United States for other 
than a temporary purpose with the inten-
tion of becoming a citizen or permanent 
resident; 
‘‘(iii) have temporary protected status 
under section 244 of the Immigration and 
Nationality Act (8 U.S.C. 1254a); or 
‘‘(iv) be a Dreamer student, as defined 
in subsection (q). 
‘‘(B) 
EXCEPTIONS.—Subparagraph 
(A) 
shall not be construed to affect eligibility for par-
ticipation in projects funded under chapter 2 of 
subpart 2 of part A or section 418A(b).’’. 
(b) ABILITY TO BENEFIT.—Section 484(d)(1) of the 
Higher Education Act of 1965 (20 U.S.C. 1091(d)(1)) is 
amended— 
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(1) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(2) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) The student— 
‘‘(i) is enrolled at an institution of 
higher education (as defined in section 101) 
in a program described in subsection (a)(3) 
of such section that— 
‘‘(I) prepares an individual to be 
successful in any of a full range of sec-
ondary and postsecondary education 
options; 
‘‘(II) includes counseling to sup-
port an individual in achieving the in-
dividual’s education and career goals; 
‘‘(III) enables an individual to at-
tain a secondary school diploma or its 
recognized equivalent; and 
‘‘(IV) helps an individual enter or 
advance within a specific occupation 
or occupational cluster, or to enter and 
succeed in a graduate program; and 
‘‘(ii) is determined by such institution 
as having the ability to benefit from the 
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665 
education or training offered by the institu-
tion of higher education upon satisfactory 
completion of 6 credit hours or the equiva-
lent coursework that are applicable toward 
a degree offered by the institution of higher 
education.’’. 
(c) EXCEPTION TO REQUIRED REGISTRATION WITH 
SELECTIVE SERVICE SYSTEM.—Section 484 of the Higher 
Education Act of 1965 (20 U.S.C. 1091) is further amend-
ed— 
(1) by repealing subsection (n); and 
(2) by redesignating subsections (o) through (q) 
as subsections (n) through (p), respectively. 
(d) DEFINITION OF DREAMER STUDENT.—Section 484 
of the Higher Education Act of 1965 (20 U.S.C. 1091), as 
amended by this section, is further amended by adding after 
subsection (p), as redesignated, the following: 
‘‘(q) DREAMER STUDENT.— 
‘‘(1) IN
GENERAL.—In this section, the term 
‘Dreamer student’ means an alien (as defined in sec-
tion 101(a)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(3))) who is inadmissible to the 
United States or deportable from the United States 
under the immigration laws (as defined in section 
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101(a)(17) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(17))) and who— 
‘‘(A)(i) was younger than 16 years of age 
on the date on which the alien initially entered 
the United States; and 
‘‘(ii)(I) has earned a high school diploma, 
the recognized equivalent of such diploma from a 
secondary school, or a high school equivalency di-
ploma in the United States, or is scheduled to 
complete the requirements for such a diploma or 
equivalent before the next academic year begins; 
‘‘(II) is enrolled in an institution of higher 
education pursuant to subsection (d); or 
‘‘(III) has served in the uniformed services, 
as defined in section 101 of title 10, United 
States Code, for not less than 4 years and, if dis-
charged, received an honorable discharge; or 
‘‘(B) would have been eligible, if the memo-
randum were fully in effect since the date issued, 
for a grant of deferred action pursuant to the di-
rective in the November 20, 2014, memorandum 
from the Secretary of Homeland Security enti-
tled ‘Exercising Prosecutorial Discretion with 
Respect to Individuals Who Came to the United 
States as Children and with Respect to Certain 
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Individuals Who Are the Parents of U.S. Citi-
zens or Permanent Residents’ to establish a proc-
ess for exercising prosecutorial discretion through 
the use of deferred action for individuals who, 
among other qualifications, had a son or daugh-
ter who was a United States citizen or lawful 
permanent resident on such date. 
‘‘(2) HARDSHIP
EXCEPTION.—The Secretary 
shall issue regulations that direct when the Depart-
ment shall waive the age requirement of paragraph 
(1)(A)(i) for an individual to qualify as a Dreamer 
student under paragraph (1), if the individual dem-
onstrates, through documentation presented to the 
Secretary of substantial economic or personal hard-
ship, that deprivation of the requested benefit under 
this title would represent a substantial hardship.’’. 
(e) REPEAL OF SUSPENSION OF FINANCIAL AID ELIGI-
BILITY FOR DRUG-RELATED OFFENSES.—Subsection (r) of 
section 484 of the Higher Education Act of 1965 (20 U.S.C. 
1091(r)) is repealed. 
(f) CONFORMING AMENDMENTS.—The Higher Edu-
cation Act of 1965 (20 U.S.C. 1001 et seq.) is amended— 
(1) in section 102(a)(2)(A)(i)(I)(aa), by striking 
‘‘484(a)(5)’’ and inserting ‘‘484(a)(2)’’; 
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(2) in section 419N(b)(7)(B)(ii), by striking 
‘‘484(a)(5)’’ and inserting ‘‘484(a)(2)’’; 
(3) in section 484(c), by striking ‘‘subsection 
(a)(2)’’ each place it appears and inserting ‘‘sub-
section (a)(1)(B)’’; 
(4) in section 484(g)— 
(A) by striking ‘‘subsection (a)(5)’’ and in-
serting ‘‘subsection (a)(2)’’; and 
(B) by striking ‘‘Immigration and Natu-
ralization Service’’ each place it appears in 
paragraph (4)(B)(i) and inserting ‘‘Department 
of Homeland Security’’; 
(5) in section 484(h), by striking ‘‘Immigration 
and Naturalization Service’’ each place it appears 
and inserting ‘‘Department of Homeland Security’’; 
(6) in section 484(o), as so redesignated, by 
striking ‘‘subsection (a)(4)’’ and inserting ‘‘subsection 
(a)(1)(D)’’; and 
(7) 
in 
section 
485(a)(1)(K), 
by 
striking 
‘‘484(a)(2)’’ and inserting ‘‘484(a)(1)(B)’’. 
SEC. 4605. REASONABLE COLLECTION COSTS ON DE-
FAULTED LOANS. 
Section 484A(b)(1) of the Higher Education Act of 
1965 (20 U.S.C. 1091a(b)(1)) is amended by striking ‘‘col-
lection costs;’’ and inserting ‘‘collection costs that— 
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‘‘(A) for purposes of the first collection ef-
forts, do not exceed 5 percent of the outstanding 
principal and interest on such loan; 
‘‘(B) for purposes of the second collection ef-
forts, do not exceed 10 percent of the outstanding 
balance of principal and interest on such loan; 
‘‘(C) for purposes of the third collection ef-
forts, do not exceed 15 percent of the outstanding 
balance of principal and interest on such loan; 
and 
‘‘(D) for purposes of the fourth collection ef-
forts and any succeeding collection efforts, do not 
exceed 20 percent of the outstanding balance of 
principal and interest on such loan;’’. 
SEC. 4606. STUDENT ELIGIBILITY INFORMATION FOR NU-
TRITION ASSISTANCE PROGRAMS. 
(a) INFORMATION DISSEMINATION ACTIVITIES.—Sec-
tion 485(a)(1) of the Higher Education Act of 1965 (20 
U.S.C. 1092(a)(1)) is amended— 
(1) in subparagraph (U), by striking the ‘‘and’’ 
at the end; 
(2) in subparagraph (V), by striking the period 
at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
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‘‘(W) the most recent relevant student eligi-
bility guidance with respect to the nutrition as-
sistance programs established under— 
‘‘(i) the supplemental nutrition assist-
ance program under the Food and Nutri-
tion Act of 2008 (7 U.S.C. 2011 et seq.); 
and 
‘‘(ii) the special supplemental nutri-
tion program for women, infants, and chil-
dren established by section 17 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786); 
‘‘(X) the contact information for the State 
agencies responsible for administration of the 
programs specified in clauses (i) and (ii) of sub-
paragraph (W); and 
‘‘(Y) the food pantries and other food assist-
ance facilities and services available to students 
enrolled in such institution.’’. 
(b) COLLEGE NAVIGATOR WEBSITE.—Not later than 
30 days after the date of the enactment of this Act, the Sec-
retary of Education shall make available and annually up-
date on the College Navigator Website the most recent rel-
evant student eligibility guidance with respect to the nutri-
tion assistance programs established under— 
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(1) the supplemental nutrition assistance pro-
gram under the Food and Nutrition Act of 2008 (7 
U.S.C. 2011 et seq.); and 
(2) the special supplemental nutrition program 
for women, infants, and children established by sec-
tion 17 of the Child Nutrition Act of 1966 (42 U.S.C. 
1786). 
SEC. 4607. EXIT COUNSELING. 
(a) AMENDMENTS TO EXIT COUNSELING FOR BOR-
ROWERS.—Section 485(b) of the Higher Education Act of 
1965 (20 U.S.C. 1092(b)) is amended— 
(1) in paragraph (1)(A)— 
(A) in the matter preceding clause (i), strik-
ing ‘‘through financial aid offices or otherwise’’ 
and inserting ‘‘through the use of an interactive 
program, during an exit counseling session that 
is in-person or online, or through the use of the 
online counseling tool described in subsection 
(n)(1)(A)’’; 
(B) by redesignating clauses (i) through (ix) 
as clauses (iv) through (xii), respectively; 
(C) by inserting before clause (iv), as so re-
designated, the following: 
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‘‘(i) a summary of the outstanding balance of 
principal and interest due on the loans made to the 
borrower under part B, D, or E; 
‘‘(ii) an explanation of the grace period pre-
ceding repayment and the expected date that the bor-
rower will enter repayment; 
‘‘(iii) an explanation that the borrower has the 
option to pay any interest that has accrued while the 
borrower was in school or that may accrue during the 
grace period preceding repayment or during an au-
thorized period of deferment, prior to the capitaliza-
tion of the interest;’’; 
(D) in clause (iv), as so redesignated— 
(i) by striking ‘‘sample information 
showing the average’’ and inserting ‘‘infor-
mation, based on the borrower’s outstanding 
balance described in clause (i), showing the 
borrower’s’’; and 
(ii) by striking ‘‘of each plan’’ and in-
serting ‘‘of at least the fixed repayment 
plan described in section 493E, the income- 
based 
repayment 
plan 
under 
section 
493C(f), and any other repayment plan for 
which each loan may be eligible’’; 
(E) in clause (ix), as so redesignated— 
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673 
(i) by inserting ‘‘decreased credit 
score,’’ after ‘‘credit reports,’’; and 
(ii) by inserting ‘‘reduced ability to 
rent or purchase a home or car, potential 
difficulty in securing employment,’’ after 
‘‘Federal law,’’; 
(F) in clause (x), as so redesignated, by 
striking ‘‘consolidation loan under section 428C 
or a’’; 
(G) in clauses (xi) and (xii), as so redesig-
nated, by striking ‘‘and’’ at the end; and 
(H) by adding at the end the following: 
‘‘(xiii) for each of the borrower’s loans made 
under part B, D, or E for which the borrower is re-
ceiving counseling under this subsection, the contact 
information for the loan servicer of the loan and a 
link to such servicer’s website; 
‘‘(xiv) an explanation that an individual has a 
right to annually request a disclosure of information 
collected by a consumer reporting agency pursuant to 
section 612(a) of the Fair Credit Reporting Act (15 
U.S.C. 1681j(a)); and 
‘‘(xv) an explanation that— 
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‘‘(I) the borrower may be contacted during 
the repayment period by third-party student debt 
relief companies; 
‘‘(II) the borrower should use caution when 
dealing with those companies; and 
‘‘(III) the services that those companies 
typically provide are already offered to bor-
rowers free of charge through the Department or 
the borrower’s servicer.’’; 
(2) in paragraph (1)(B)— 
(A) by inserting ‘‘online or’’ before ‘‘in 
writing’’; and 
(B) by adding before the period at the end 
the following: ‘‘, except that in the case of an in-
stitution using the online counseling tool de-
scribed in subsection (n)(1)(A), the Secretary 
shall attempt to provide such information to the 
student in the manner described in subsection 
(n)(3)(C)’’; and 
(3) in paragraph (2)(C), by inserting ‘‘, such as 
the online counseling tool described in subsection 
(n)(1)(A),’’ after ‘‘electronic means’’. 
(b) CONFORMING AMENDMENT.—Section 485(d)(1) of 
the Higher Education Act of 1965 (20 U.S.C. 1092(d)(1)) 
is amended by striking ‘‘including income-sensitive’’ and 
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all that follows through ‘‘part D’’ and inserting ‘‘including, 
beginning on July 1, 2021, the income-based repayment 
plan under section 493C(f) and the fixed repayment plan 
described in section 493E’’. 
SEC. 4608. CLERY ACT AMENDMENTS. 
(a) DISCLOSURE OF CAMPUS SECURITY POLICY AND 
CAMPUS CRIME STATISTICS.—Section 485(f) of the Higher 
Education Act of 1965 (20 U.S.C. 1092(f)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by inserting ‘‘(including on a prominent lo-
cation on the institution’s website)’’ after ‘‘pub-
lish’’; 
(B) in subparagraph (E), strike ‘‘crimes.’’ 
and insert ‘‘crimes, including a statement of cur-
rent campus policies regarding required back-
ground checks for employees and volunteers 
working with student athletes, children, or youth 
participating in university-sponsored programs 
held in campus facilities.’’; and 
(C) in subparagraph (F)— 
(i) in clause (i), by striking ‘‘and’’ at 
the end; 
(ii) in clause (ii), by striking ‘‘and’’ at 
the end; 
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676 
(iii) in clause (iii), by striking the pe-
riod at the end and inserting ‘‘;’’; and 
(iv) by adding at the end the following: 
‘‘(iv) of harassment incidents that were 
reported to campus security authorities or 
local police agencies; and 
‘‘(v) of hazing incidents that were re-
ported to campus security authorities or 
local police agencies.’’; and 
(D) by adding at the end the following: 
‘‘(K)(i) Each finding by the institution that, 
during the most recent calendar year, and during the 
2 preceding calendar years for which data are avail-
able, a student organization committed a violation of 
the institution’s standards of conduct relating to haz-
ing, which— 
‘‘(I) shall include— 
‘‘(aa) the name of the student organi-
zation that committed the violation; 
‘‘(bb) a general description of the ac-
tivities that led to the violation, the charges, 
such findings by the institution, and the 
sanctions placed on the organization; and 
‘‘(cc) the dates on which— 
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‘‘(AA) the violation was alleged to 
have occurred; 
‘‘(BB) the student organization 
was charged with misconduct; 
‘‘(CC) the investigation was initi-
ated; and 
‘‘(DD) the investigation ended 
with a finding that a violation oc-
curred; and 
‘‘(II) may not include— 
‘‘(aa) any information related to alle-
gations or investigations of hazing that do 
not result in a formal finding of a violation 
of the standards of conduct of the institu-
tion; or 
‘‘(bb) any personally identifiable infor-
mation on any individual student or mem-
ber of a student organization. 
‘‘(ii) The anti-hazing policies (including the 
standards of conduct with respect to hazing) of the in-
stitution, and the changes, if any, that have been 
made in the preceding calendar year with respect to 
such policies, and the justification for such changes. 
‘‘(iii) In the case of an allegation that a multi- 
institution student organization was involved in a 
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hazing incident, each institution at which the stu-
dents involved in such allegation are enrolled (or were 
formerly enrolled), including any student who was a 
victim in the alleged incident, shall comply with the 
requirements of this subparagraph.’’; 
(2) in paragraph (6)(A), by adding at the end 
the following: 
‘‘(vi) For purposes of reporting under this sec-
tion, the term ‘harassment’— 
‘‘(I) means unwelcome conduct, of a hostile, 
intimidating, or offensive nature, based on a stu-
dent’s actual or perceived race, color, religion, 
sex (including sexual orientation, gender iden-
tity, pregnancy, childbirth, a medical condition 
related to pregnancy or childbirth, and sex 
stereotype), disability, or national origin, that 
unreasonably interferes with a student’s ability 
to participate in a program or activity at an in-
stitution of higher education, including by cre-
ating an intimidating, hostile, or offensive envi-
ronment; 
‘‘(II) is not limited to physical acts, and in-
cludes conduct that is verbal or nonverbal, direct 
or indirect, undertaken in whole or in part 
through the use of electronic messaging services, 
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679 
commercial mobile services, electronic commu-
nications, or other technology, or the placement 
or display of hostile or offensive images or objects 
based on a protected trait; and 
‘‘(III) includes sexual harassment, which is 
unwelcome conduct of a sexual nature, includ-
ing— 
‘‘(aa) a sexual advance; 
‘‘(bb) a request for sexual favors; 
‘‘(cc) a sexual act, where such submis-
sion is made either explicitly or implicitly 
a term or condition of a program or activ-
ity at an institution of higher education, re-
gardless of a student’s submission to or re-
jection of such sexual act; 
‘‘(dd) a sexual act, where such submis-
sion or rejection is used as the basis for a 
decision affecting a term or condition of a 
program or activity at an institution of 
higher education, regardless of a student’s 
submission to or rejection of such sexual act; 
or 
‘‘(ee) other conduct of a sexual nature. 
‘‘(vii) The term ‘hazing’ means any intentional, 
knowing, or reckless act committed by a student, or 
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680 
a former student, of an institution of higher edu-
cation, whether individually or in concert with other 
persons, against another student, that— 
‘‘(I) was committed in connection with an 
initiation into, an affiliation with, or the main-
tenance of membership in, any student organiza-
tion; and 
‘‘(II) causes, or contributes to a substantial 
risk of, physical injury, mental harm, or per-
sonal degradation. 
‘‘(viii) The term ‘commercial mobile service’ has 
the meaning given the term in section 332(d) of the 
Communications Act of 1934 (47 U.S.C. 332(d)). 
‘‘(ix) The term ‘electronic communication’ means 
any transfer of signs, signals, writing, images, 
sounds, or data of any nature transmitted in whole 
or in part by a wire, radio, electromagnetic, 
photoelectronic, or photooptical system. 
‘‘(x) The term ‘electronic messaging services’ has 
the meaning given the term in section 102 of the 
Communications Assistance for Law Enforcement Act 
(47 U.S.C. 1001). 
‘‘(xi) The term ‘multi-institution student organi-
zation’ means a student organization that includes 
students from more than one institution of higher 
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education, including city-wide, regional, State, and 
national chapters of student organizations. 
‘‘(xii) The term ‘student organization’ means an 
organization that is officially recognized by or other-
wise affiliated with an institution of higher education 
and that has a membership that is made up pri-
marily of students enrolled at such institution.’’; 
(3) in paragraph (7), by inserting after the sec-
ond sentence the following: ‘‘For harassment inci-
dents, such statistics shall be compiled in accordance 
with the definition of that term in paragraph 
(6)(A)(vi). For hazing incidents, such statistics shall 
be compiled in accordance with the definition of that 
term in paragraph (6)(A)(vii).’’; and 
(4) in paragraph (8)— 
(A) by adding ‘‘sexual harassment,’’ after 
‘‘sexual assault,’’ each place it appears; 
(B) in subparagraph (B) in subclause 
(iv)(I)(bb) by striking ‘‘an investigation’’ and 
inserting ‘‘a trauma-informed investigation’’; 
and 
(C) by adding at the end the following: 
‘‘(viii) Written notification of victims 
about institutional policies regarding the 
reimbursement of lost tuition and costs as-
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682 
sociated with student loan interest accrual 
related to domestic violence, dating violence, 
sexual assault, sexual harassment, or stalk-
ing incidents.’’. 
(b) STATEMENT
OF POLICY REGARDING HARASS-
MENT.—Section 485(f) of the Higher Education Act of 1965 
(20 U.S.C. 1092(f)) is further amended— 
(1) by redesignating paragraphs (9) through (18) 
as paragraphs (10) through (19), respectively; and 
(2) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9)(A) Each institution of higher education partici-
pating in any program under this title, other than a foreign 
institution of higher education, shall, as part of the report 
described in paragraph (1)— 
‘‘(i) develop and distribute a statement of policy 
regarding harassment, which shall include— 
‘‘(I) a prohibition of harassment, including 
harassment of enrolled students by other stu-
dents, faculty, and staff— 
‘‘(aa) on campus; 
‘‘(bb) in or on a noncampus building 
or property; 
‘‘(cc) on public property; 
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‘‘(dd) in dormitories or other residen-
tial facilities for students on campus; 
‘‘(ee) through the use of electronic mail 
addresses issued by the institution of higher 
education; 
‘‘(ff) through the use of computers and 
communication networks, including any 
telecommunications service, owned, oper-
ated, or contracted for use by the institution 
of higher education or its agents; and 
‘‘(gg) during an activity sponsored by 
the institution of higher education or car-
ried out with the use of resources provided 
by the institution of higher education; 
‘‘(II) a prohibition of such harassment that 
is carried out in whole or in part through the 
use of electronic messaging services, commercial 
mobile services, electronic communications, or 
other technology; 
‘‘(III) a description of the institution’s pro-
grams to combat harassment, which shall be 
aimed at the prevention of harassment; 
‘‘(IV) a description of the procedures that a 
student should follow if an incident of harass-
ment occurs; and 
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684 
‘‘(V) a description of the procedures that the 
institution will follow once an incident of har-
assment has been reported, including a statement 
of the standard of evidence that will be used dur-
ing any institutional conduct proceeding arising 
from such a report; and 
‘‘(ii) provide, on a prominent location on the in-
stitution’s website, a link to the webpage that con-
tains the information required under paragraph 
(1)(K), including statement notifying the public— 
‘‘(I) of the availability of such information, 
including findings, sanctions, and the implemen-
tation of sanctions, except information protected 
under section 444 of the General Education Pro-
visions Act (commonly known as the ‘Family 
Education Rights and Privacy Act of 1974’); 
‘‘(II) a description of how a member of the 
public may obtain such information; and 
‘‘(III) a statement that the institution is re-
quired to provide such information pursuant to 
paragraph (1)(K). 
‘‘(B) The statement of policy described in subpara-
graph (A)(i) shall address the following areas: 
‘‘(i) Procedures for timely institutional action in 
cases of alleged harassment, which shall include a 
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clear statement that the accuser and the accused shall 
be informed of the outcome of any disciplinary pro-
ceedings in response to an allegation of harassment. 
‘‘(ii) Possible sanctions to be imposed following 
the final determination of an institutional discipli-
nary procedure regarding harassment. 
‘‘(iii) Notification of existing counseling, mental 
health, or student services for victims or perpetrators 
of harassment, both on campus and in the commu-
nity. 
‘‘(iv) Identification of a designated employee or 
office at the institution that will be responsible for re-
ceiving and tracking each report of harassment.’’. 
(c) CIVIL PENALTIES.—Section 485(f) of the Higher 
Education Act of 1965 (20 U.S.C. 1092(f)) is further 
amended— 
(1) in paragraph (14), as redesignated by sub-
section (b)— 
(A) by striking ‘‘in the same amount and’’; 
and 
(B) by inserting before the period at the end 
the following: ‘‘, expect that such section shall be 
applied 
by 
substituting 
‘$100,000’ 
for 
‘$60,000’ ’’; and 
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686 
(2) in paragraph (17), as redesignated by sub-
section (b), by adding ‘‘sexual harassment,’’ after 
‘‘sexual assault,’’. 
SEC. 4609. ONLINE SURVEY TOOL FOR CAMPUS SAFETY. 
Section 485(f) of the Higher Education Act of 1965 
(20 U.S.C. 1092) is further amended— 
(1) by redesignating paragraphs (18) and (19) 
as so redesignated as paragraphs (19) and (20), re-
spectively; and 
(2) by inserting after paragraph (17) the fol-
lowing: 
‘‘(18) ONLINE SURVEY TOOL FOR CAMPUS SAFE-
TY.— 
‘‘(A) IN GENERAL.—The Secretary shall, in 
consultation with the Attorney General, Director 
of the Centers for Disease Control, and the Sec-
retary of the Department of Health and Human 
Services and experts in domestic violence, dating 
violence, sexual assault, sexual harassment, and 
stalking, develop, design, and make available 
through a secure and accessible online portal, a 
standardized online survey tool regarding stu-
dent experiences with domestic violence, dating 
violence, sexual assault, sexual harassment, and 
stalking. 
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687 
‘‘(B) DEVELOPMENT OF SURVEY TOOL.—In 
developing the survey tool required under sub-
paragraph (A), the Secretary shall— 
‘‘(i) use best practices from peer-re-
viewed research measuring domestic vio-
lence, dating violence, sexual assault, sexual 
harassment, and stalking; 
‘‘(ii) consult with the higher education 
community, experts in survey research re-
lated to domestic violence, dating violence, 
sexual assault, sexual harassment, and 
stalking, and organizations engaged in the 
prevention of and response to, and advocacy 
on behalf of victims of, domestic violence, 
dating violence, sexual assault, sexual har-
assment, and stalking regarding the devel-
opment and design of such survey tool and 
the methodology for administration of such 
survey tool; and 
‘‘(iii) ensure that the survey tool is 
readily accessible to and usable by individ-
uals with disabilities. 
‘‘(C) ELEMENTS.— 
‘‘(i) IN GENERAL.—The survey tool de-
veloped pursuant to this paragraph shall be 
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fair and unbiased, scientifically valid and 
reliable, and meet the highest standards of 
survey research. 
‘‘(ii) 
SURVEY
QUESTIONS.—Survey 
questions included in the survey tool devel-
oped pursuant to this paragraph shall— 
‘‘(I) be designed to gather infor-
mation on student experiences with do-
mestic violence, dating violence, sexual 
assault, sexual harassment, and stalk-
ing, including the experiences of vic-
tims of such incidents; 
‘‘(II) use trauma-informed lan-
guage to prevent retraumatization; and 
‘‘(III) include the following: 
‘‘(aa) Questions designed to 
determine the incidence and prev-
alence of domestic violence, dating 
violence, sexual assault, sexual 
harassment, and stalking. 
‘‘(bb) 
Questions 
regarding 
whether students know about in-
stitutional policies and procedures 
related to domestic violence, dat-
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ing violence, sexual assault, sexual 
harassment, and stalking. 
‘‘(cc) Questions designed to 
determine, if victims reported do-
mestic violence, dating violence, 
sexual assault, sexual harassment, 
or stalking— 
‘‘(AA) to whom the inci-
dent was reported and what 
response the victim may have 
received; 
‘‘(BB) whether the vic-
tim was informed of, or re-
ferred to, national, State, 
local, 
or 
on-campus 
re-
sources; and 
‘‘(CC) whether the entity 
to whom the victim reported 
the incident conducted an in-
vestigation and the duration 
and final resolution of such 
an investigation. 
‘‘(dd) Questions regarding 
contextual factors, such as whether 
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690 
force, incapacitation, or coercion 
was involved. 
‘‘(ee) Questions to determine 
whether an accused individual 
was a student at the institution. 
‘‘(ff) Questions to determine 
whether a victim reported an inci-
dent to State, local, or campus 
law enforcement. 
‘‘(gg) Questions to determine 
why the victim chose to report or 
not report an incident to the in-
stitution or State, local, or cam-
pus law enforcement. 
‘‘(hh) Questions to determine 
the impact of domestic violence, 
dating violence, sexual assault, 
sexual harassment, and stalking 
on the victim’s education, includ-
ing diminished grades, dropped 
classes, leaves of absence, and neg-
ative financial consequences (such 
as costs associated with loss in 
paid tuition due to leaves of ab-
sence, loss in scholarship awards 
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691 
due to diminished grades, and 
cost associated with counseling, 
medical 
services, 
or 
housing 
changes). 
‘‘(ii) Questions to determine 
the impact and effectiveness of 
prevention and awareness pro-
grams and complaints processes. 
‘‘(jj) Questions to determine 
attitudes toward sexual violence 
and harassment, including the 
willingness of individuals to in-
tervene as a bystander of sex- 
based (including sexual orienta-
tion-based and gender identity- 
based), race-based, national ori-
gin-based, 
and 
disability-based 
discrimination, harassment, as-
sault, domestic violence, dating vi-
olence, sexual assault, sexual har-
assment, and stalking. 
‘‘(kk) Other questions, as de-
termined by the Secretary. 
‘‘(iii) ADDITIONAL ELEMENTS.—In ad-
dition to the standardized questions devel-
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692 
oped by the Secretary under clause (ii), an 
institution may request additional informa-
tion from students that would increase the 
understanding of the institution of school 
climate factors unique to their campuses. 
‘‘(iv) RESPONSES.—The responses to 
the survey questions described in clause (ii) 
shall— 
‘‘(I) be submitted confidentially; 
‘‘(II) not be included in crime 
statistics; and 
‘‘(III) in the case of such re-
sponses being included in a report, 
shall not include personally identifi-
able information. 
‘‘(D) ADMINISTRATION OF SURVEY.— 
‘‘(i) FEDERAL ADMINISTRATION.—The 
Secretary, in consultation with the Attorney 
General, Director of the Centers for Disease 
Control, and Secretary of the Department of 
Health and Human Services, shall develop 
a mechanism by which institutions of high-
er education may, with respect to the survey 
tool developed pursuant to this paragraph— 
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693 
‘‘(I) administer such survey tool; 
and 
‘‘(II) modify such survey tool to 
include additional elements or require-
ments, as determined by the institu-
tion. 
‘‘(ii) COSTS.—The Secretary may not 
require an institution of higher education to 
pay to modify the survey tool in accordance 
with clause (ii)(II). 
‘‘(iii) ACCESSIBILITY.—The Secretary 
shall ensure that the survey tool is adminis-
tered in such a way as to be readily acces-
sible to and usable by individuals with dis-
abilities. 
‘‘(iv) 
INSTITUTIONAL
ADMINISTRA-
TION.—Beginning not later than one year 
after the date on which the Secretary makes 
available to institutions the mechanism de-
scribed in clause (i), and every 2 years 
thereafter, each institution shall administer 
the survey tool developed pursuant to this 
paragraph. 
‘‘(E) COMPLETED SURVEYS.—The Secretary 
shall require each institution participating in 
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694 
any program under this title to ensure, to the 
maximum extent practicable, that an adequate, 
random, and representative sample size of stu-
dents (as determined by the Secretary) enrolled 
at the institution complete the survey tool devel-
oped pursuant to this paragraph. 
‘‘(F) REPORT.—Beginning not later than 2 
years after the date of enactment of the College 
Affordability Act, the Secretary shall prepare a 
biennial report on the information gained from 
the standardized elements of the survey under 
this paragraph and publish such report in an 
accessible format on the website of the Depart-
ment and submit such report to Congress. The 
report shall include campus-level data for each 
school and attributed by name of each campus in 
a manner that permits comparisons across 
schools and campuses. 
‘‘(G) PUBLICATION.—Each institution shall 
publish, in a manner that is readily accessible 
and usable by individuals, including individuals 
with disabilities— 
‘‘(i) the campus-level results of the 
standardized elements of the survey under 
this paragraph on the website of the institu-
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695 
tion and in the annual security report re-
quired under paragraph 1 for the campuses 
affiliated with the institution; and 
‘‘(ii) the campus-level results of the ad-
ditional elements modifying the survey by 
the institution, if any, on the website of the 
institution. 
‘‘(H) VIOLATION.—Upon a determination 
pursuant to section 487(c)(3)(B) that an institu-
tion of higher education has violated or failed to 
carry out any provision under this subsection, 
the Secretary shall impose a civil penalty upon 
the institution in the same amount and pursu-
ant to the same procedures as a civil penalty is 
imposed under section 487(c)(3)(B).’’. 
SEC. 4610. TRANSFER OF CREDIT POLICIES. 
Section 485(h)(1) of the Higher Education Act of 1965 
(20 U.S.C. 1092(h)(1)) is amended— 
(1) in the matter preceding subparagraph (A)— 
(A) by inserting ‘‘on the website of the insti-
tution and in at least one other relevant publica-
tion (such as a course catalogue)’’ after ‘‘publicly 
disclose’’; and 
(B) by inserting ‘‘, easy to find,’’ after 
‘‘readable’’; and 
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696 
(2) in subparagraph (B), by striking the period 
at the end and inserting the following: ‘‘, including 
a link to the website of each institution of higher edu-
cation on such list and a link to or an explanation 
of the provisions of each such articulation agreement; 
and’’; and 
(3) by adding at the end the following: 
‘‘(C) a list of transfer-related resources and 
information not otherwise provided under sub-
paragraphs (A) and (B) that the institution pro-
vides (such as deadlines, financial aid informa-
tion, and relevant staff contact information).’’. 
SEC. 4611. AMENDMENTS TO INSTITUTIONAL AND FINAN-
CIAL ASSISTANCE. 
(a) NOTICE TO STUDENTS CONCERNING DRUG VIOLA-
TIONS.—Subsection (k) of section 485 (20 U.S.C. 1092) is 
repealed. 
(b) LIAISON FOR HOMELESS INDIVIDUALS AND FOS-
TER CARE YOUTH.—Section 485 of the Higher Education 
Act of 1965 (20 U.S.C. 1092) is amended by inserting after 
subsection (j) the following: 
‘‘(k) Each institution of higher education partici-
pating in any program under this title shall— 
‘‘(1) have designated an appropriate staff person 
as a liaison to assist homeless individuals described 
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697 
in section 725 of the McKinney-Vento Homeless As-
sistance Act (42 U.S.C. 11434a) and foster care youth 
in accessing and completing postsecondary education, 
including by ensuring that such homeless individuals 
and foster care youth are connected to applicable and 
available student support services, programs, and 
community resources in areas such as financial aid, 
academic advising, housing, food, public benefits, 
health care, health insurance, mental health, child 
care, transportation benefits, and mentoring; 
‘‘(2) post public notice about student financial 
assistance and other assistance available to such 
homeless individuals and foster care youth, including 
their eligibility as independent students under sub-
paragraphs (B) and (H) of sections 480(d)(1); 
‘‘(3) give priority for any institutionally owned 
or operated housing facilities, including student hous-
ing facilities that remain open for occupation during 
school breaks or on a year-round basis, to— 
‘‘(A) homeless individuals described in sec-
tion 725 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11434a); 
‘‘(B) youth who are unaccompanied, at risk 
of homelessness, and self-supporting; and 
‘‘(C) foster care youth; 
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698 
‘‘(4) have developed a plan for how such homeless 
individuals, youth who are unaccompanied, at risk of 
homelessness, and self-supporting, and foster care 
youth can access housing resources during and be-
tween academic terms, through means that may in-
clude access to institutionally owned or operated 
housing during breaks and a list of housing resources 
in the community that provide short-term housing; 
and 
‘‘(5) include, in its application for admission, 
questions (to be answered voluntarily) regarding the 
applicant’s status as a homeless individual or foster 
care youth, that— 
‘‘(A) can be answered by the applicant vol-
untarily for the limited purpose of being pro-
vided information about financial aid or any 
other available assistance; 
‘‘(B) explain the key terms in the question 
in a manner children and youth can understand 
in order to self-identify and declare eligibility as 
a homeless individual or foster care youth; and 
‘‘(C) with consent of the applicant, may be 
shared with the liaison after admission but prior 
to the beginning of the next academic term.’’. 
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699 
(c) ANNUAL FINANCIAL AID COUNSELING.—Section 
485(l) of the Higher Education Act of 1965 (20 U.S.C. 
1092(l)) is amended to read as follows: 
‘‘(l) ANNUAL FINANCIAL AID COUNSELING.— 
‘‘(1) ANNUAL DISCLOSURE REQUIRED.— 
‘‘(A) IN GENERAL.—Each eligible institu-
tion shall ensure that each individual who re-
ceives a loan made under part D (other than a 
Federal Direct Consolidation Loan or a loan 
made under section 460A and 460B) receives 
comprehensive information on the terms and 
conditions of such loan and the responsibilities 
the individual has with respect to such loan. 
Such information shall be provided, for each 
award year for which the individual receives 
such loan, in a simple and understandable man-
ner— 
‘‘(i) during a counseling session con-
ducted in person; 
‘‘(ii) online, with the individual ac-
knowledging receipt of the information; or 
‘‘(iii) through the use of the online 
counseling tool described in subsection 
(n)(1)(B). 
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700 
‘‘(B) USE OF INTERACTIVE PROGRAMS.—In 
the case of institutions not using the online 
counseling tool described in subsection (n)(1)(B), 
the Secretary shall require such institutions to 
carry out the requirements of subparagraph (A) 
through the use of interactive programs, during 
an annual counseling session that is in-person or 
online, that tests the individual’s understanding 
of the terms and conditions of the loan awarded 
to the individual, using simple and understand-
able language and clear formatting. 
‘‘(2) ALL INDIVIDUALS.—The information to be 
provided under paragraph (1)(A) to each individual 
receiving counseling under this subsection shall in-
clude the following: 
‘‘(A) An explanation of how the individual 
may budget for typical educational expenses and 
a sample budget based on the cost of attendance 
for the institution. 
‘‘(B) An explanation that an individual has 
a right to annually request a disclosure of infor-
mation collected by a consumer reporting agency 
pursuant to section 612(a) of the Fair Credit Re-
porting Act (15 U.S.C. 1681j(a)). 
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701 
‘‘(C) An introduction to the financial man-
agement resources provided by the Consumer Fi-
nancial Protection Bureau. 
‘‘(D) An explanation of how the student 
may seek additional financial assistance from 
the institution’s financial aid office due to a 
change in the student’s financial circumstances, 
and the contact information for such office. 
‘‘(3) 
BORROWERS
RECEIVING
LOANS
MADE 
UNDER
PART
D
(OTHER
THAN
PARENT
PLUS 
LOANS).—The information to be provided under para-
graph (1)(A) to a borrower of a loan made under part 
D (other than a Federal Direct PLUS Loan made on 
behalf of a dependent student) shall include the fol-
lowing: 
‘‘(A) A notification that some students may 
qualify for other financial aid and an expla-
nation that the borrower should consider accept-
ing any grant, scholarship, or State or Federal 
work-study jobs for which the borrower is eligible 
prior to accepting student loans. 
‘‘(B) To the extent practicable, the effect of 
accepting the loan to be disbursed on the eligi-
bility of the borrower for other forms of student 
financial assistance. 
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702 
‘‘(C) An explanation of the use of the stu-
dent loan contract referred to in section 
432(m)(1)(D). 
‘‘(D) An explanation that the borrower is 
not required to accept the full amount of the loan 
offered to the borrower. 
‘‘(E) An explanation of the approved edu-
cational expenses for which the borrower may use 
a loan made under part D. 
‘‘(F) A recommendation to the borrower to 
exhaust the borrower’s Federal student loan op-
tions prior to taking out private education loans, 
an explanation that Federal student loans typi-
cally offer better terms and conditions than pri-
vate education loans, an explanation that Fed-
eral student loans offer consumer protections 
typically not available in the private education 
loan market, an explanation of treatment of 
loans made under part D and private education 
loans in bankruptcy, and an explanation that if 
a borrower decides to take out a private edu-
cation loan— 
‘‘(i) the borrower has the ability to se-
lect a private educational lender of the bor-
rower’s choice; 
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703 
‘‘(ii) the proposed private education 
loan may impact the borrower’s potential 
eligibility for other financial assistance, in-
cluding Federal financial assistance under 
this title; and 
‘‘(iii) the borrower has a right— 
‘‘(I) to accept the terms of the pri-
vate education loan within 30 calendar 
days following the date on which the 
application for such loan is approved 
and the borrower receives the required 
disclosure documents, pursuant to sec-
tion 128(e) of the Truth in Lending 
Act (15 U.S.C. 1638(e)); and 
‘‘(II) to cancel such loan within 3 
business days of the date on which the 
loan is consummated, pursuant to sec-
tion 128(e)(7) of such Act (15 U.S.C. 
1638(e)(7)). 
‘‘(G) The interest rate for the loan, as of the 
date of the counseling. 
‘‘(H) Information on how interest accrues 
and is capitalized during periods when the inter-
est is not paid by either the borrower or the Sec-
retary. 
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704 
‘‘(I) In the case of a Federal Direct PLUS 
Loan or a Federal Direct Unsubsidized Stafford 
Loan, the option of the borrower to pay the in-
terest while the borrower is in school. 
‘‘(J) The definition of half-time enrollment 
at the institution, during regular terms and 
summer school, if applicable, and the con-
sequences of not maintaining at least half-time 
enrollment. 
‘‘(K) An explanation of the importance of 
contacting the appropriate offices at the institu-
tion of higher education if the borrower with-
draws prior to completing the borrower’s pro-
gram of study so that the institution can provide 
exit counseling, including information regarding 
the borrower’s repayment options and loan con-
solidation. 
‘‘(L) The obligation of the borrower to repay 
the full amount of the loan, regardless of whether 
the borrower completes or does not complete the 
program in which the borrower is enrolled with-
in the regular time for program completion. 
‘‘(M) The likely consequences of default on 
the loan, including adverse credit reports, delin-
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705 
quent debt collection procedures under Federal 
law, and litigation. 
‘‘(N) Notice of the institution’s most recent 
adjusted cohort default rate (calculated in ac-
cordance with section 435(m)(1)(D)), an expla-
nation of the adjusted cohort default rate, the 
most recent national average adjusted cohort de-
fault rate, and the most recent national average 
adjusted cohort default rate for the category of 
institution described in section 435(m)(4) to 
which the institution belongs. 
‘‘(O) Information on the National Student 
Loan Data System and how the borrower can 
access the borrower’s records. 
‘‘(P) The contact information for the insti-
tution’s financial aid office or other appropriate 
office at the institution the borrower may contact 
if the borrower has any questions about the bor-
rower’s rights and responsibilities or the terms 
and conditions of the loan. 
‘‘(Q) For a first-time borrower, in addition 
to all the information described in subpara-
graphs (A) through (P)— 
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706 
‘‘(i) a statement of the anticipated bal-
ance on the loan for which the borrower is 
receiving counseling under this subsection; 
‘‘(ii) based on such anticipated bal-
ance, the anticipated monthly payment 
amount under, at minimum— 
‘‘(I) the fixed repayment plan de-
scribed in section 493E; and 
‘‘(II) the income-based repayment 
plan under section 493C(f), as deter-
mined using regionally available data 
from the Bureau of Labor Statistics of 
the average starting salary for the oc-
cupation in which the borrower has an 
interest in or intends to be employed; 
‘‘(iii) an estimate of the projected 
monthly payment amount under each re-
payment plan described in clause (ii), based 
on the average cumulative indebtedness at 
graduation for borrowers of loans made 
under part D who are in the same program 
of study as the borrower and the expected 
increase in the cost of attendance of such 
program; and 
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707 
‘‘(iv) information on the annual and 
aggregate loan limits for Federal Direct 
Stafford Loans and Federal Direct Unsub-
sidized Stafford Loans as it pertains to the 
loan for which the borrower is receiving 
counseling, and a statement that such ag-
gregate borrowing limit may change based 
on the borrower’s student status (whether 
undergraduate or graduate) or if there is a 
change in the borrower’s dependency status. 
‘‘(R) For a borrower with an outstanding 
balance of principal or interest due on a loan 
made under this title, in addition to all the in-
formation 
described 
in 
subparagraphs 
(A) 
through (P)— 
‘‘(i) information on each student loan 
that the institution is aware that the stu-
dent has borrowed, including Federal loans, 
private loans, and loans from the institu-
tion; 
‘‘(ii) the total amount of the out-
standing balance and interest accrued from 
the Federal student loans described in 
clause (i); 
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708 
‘‘(iii) for each Federal loan described 
in clause (i), the interest rate for the loan, 
as of the date of the counseling, and a state-
ment that the interest rate on student loans 
may vary based on when the loan was bor-
rowed and other factors; 
‘‘(iv) based on such outstanding bal-
ance for the Federal student loans, the an-
ticipated monthly payment amount under 
the fixed repayment plan described in sec-
tion 493E, the income-based repayment 
plan under section 493C(f), and any other 
repayment plan for which each loan may be 
eligible, calculated using regionally avail-
able data from the Bureau of Labor Statis-
tics of the average starting salary for the oc-
cupation the borrower intends to be em-
ployed; 
‘‘(v) an estimate of the projected 
monthly payment amount under each re-
payment plan described in clause (iv), 
based on— 
‘‘(I) the outstanding balance de-
scribed in clause (ii); 
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‘‘(II) the anticipated outstanding 
balance on the loan for which the stu-
dent is receiving counseling under this 
subsection; and 
‘‘(III) a projection for any other 
loans made under part D that the bor-
rower is reasonably expected to accept 
during the borrower’s program of study 
based on at least the average cumu-
lative indebtedness at graduation for 
borrowers of loans made under part D 
who are in the same program of study 
as the borrower and the expected in-
crease in the cost of attendance of such 
program; 
‘‘(vi) a statement that the outstanding 
balance described in clause (ii), the interest 
rate described in clause (iii), and the 
monthly amount described in clause (iv) 
and clause (v) does not include any 
amounts that the student may be required 
to repay for private or institutional loans; 
and 
‘‘(vii) the percentage of the total aggre-
gate borrowing limit that the student has 
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reached, as of the date of the counseling, for 
Federal Direct Stafford Loans and Federal 
Direct Unsubsidized Stafford Loans, and a 
statement that such aggregate borrowing 
limit may change based on the borrower’s 
student status (whether undergraduate or 
graduate) or if there is a change in the bor-
rower’s dependency status. 
‘‘(4) BORROWERS
RECEIVING
PARENT
PLUS 
LOANS FOR DEPENDENT STUDENTS.—The information 
to be provided under paragraph (1)(A) to a borrower 
of a Federal Direct PLUS Loan made on behalf of a 
dependent student shall include the following: 
‘‘(A) A notification that some students may 
qualify for other financial aid and an expla-
nation that the student for whom the borrower is 
taking out the loan should consider accepting 
any grant, scholarship, or State or Federal work- 
study jobs for which the borrower is eligible prior 
to borrowing Parent PLUS Loans. 
‘‘(B) The information described in subpara-
graphs (B) through (D) and (L) through (O) of 
paragraph (3). 
‘‘(C) The interest rate for the loan, as of the 
date of the counseling. 
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711 
‘‘(D) The option of the borrower to pay the 
interest on the loan while the loan is in 
deferment. 
‘‘(E) Debt management strategies that are 
designed to facilitate the repayment of such in-
debtedness. 
‘‘(F) An explanation that the borrower has 
the options to prepay each loan, pay each loan 
on a shorter schedule, and change repayment 
plans. 
‘‘(G) For each Federal Direct PLUS Loan 
made on behalf of a dependent student for which 
the borrower is receiving counseling under this 
subsection, the contact information for the loan 
servicer of the loan and a link to such servicer’s 
website. 
‘‘(H) For a first-time borrower of such 
loan— 
‘‘(i) a statement of the anticipated bal-
ance on the loan for which the borrower is 
receiving counseling under this subsection; 
‘‘(ii) based on such anticipated bal-
ance, the anticipated monthly payment 
amount under the fixed repayment plan de-
scribed in section 493E, the income-based 
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712 
repayment plan under section 493C(f), and 
any other repayment plan for which each 
loan may be eligible; and 
‘‘(iii) an estimate of the projected 
monthly payment amount under the fixed 
repayment plan described in section 493E, 
the income-based repayment plan under sec-
tion 493C(f), and any other repayment plan 
for which each loan may be eligible, based 
on the average cumulative indebtedness of 
other borrowers of Federal Direct PLUS 
Loans made on behalf of dependent students 
who are in the same program of study as 
the student on whose behalf the borrower 
borrowed the loan and the expected increase 
in the cost of attendance of such program. 
‘‘(I) For a borrower with an outstanding 
balance of principal or interest due on such 
loan— 
‘‘(i) a statement of the amount of such 
outstanding balance; 
‘‘(ii) based on such outstanding bal-
ance, the anticipated monthly payment 
amount under the fixed repayment plan de-
scribed in section 493E, the income-based 
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713 
repayment plan under section 493C(f), and 
any other repayment plan for which each 
loan may be eligible; and 
‘‘(iii) an estimate of the projected 
monthly payment amount under the fixed 
and income-based repayment plans, based 
on— 
‘‘(I) the anticipated outstanding 
balance on the loan for which the bor-
rower is receiving counseling under 
this subsection; and 
‘‘(II) a projection for any other 
Federal Direct PLUS Loan made on 
behalf of the dependent student that the 
borrower is reasonably expected to ac-
cept during the program of study of 
such student based on at least the aver-
age cumulative indebtedness of other 
borrowers of Federal Direct PLUS 
Loans made on behalf of dependent 
students who are in the same program 
of study as the student on whose behalf 
the borrower borrowed the loan and the 
expected increase in the cost of attend-
ance of such program. 
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714 
‘‘(5) ANNUAL LOAN ACCEPTANCE.—Prior to mak-
ing the first disbursement of a loan made under part 
D (other than a Federal Direct Consolidation Loan or 
a loan made under section 460A and 460B) to a bor-
rower for an award year, an eligible institution, 
shall, as part of carrying out the counseling require-
ments of this subsection for the loan, ensure that after 
receiving the applicable counseling under paragraphs 
(2), (3), and (4) for the loan the borrower accepts the 
loan for such award year by— 
‘‘(A) signing and returning to the institu-
tion the student loan contract for the loan re-
ferred to in section 432(m)(1)(D) that affirma-
tively states that the borrower accepts the loan; 
or 
‘‘(B) electronically signing an electronic 
version of the student loan contract described in 
subparagraph (A). 
‘‘(6) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to prohibit an eligible insti-
tution from providing additional information and 
counseling services to recipients of Federal student 
aid under this title, provided that any additional in-
formation and counseling services for recipients of 
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715 
Federal student aid shall not preclude or be consid-
ered a condition for disbursement of such aid.’’. 
(d) ONLINE COUNSELING TOOLS.—Section 485 of the 
Higher Education Act of 1965 (20 U.S.C. 1092), as amend-
ed by this section, is further amended by adding at the end 
the following: 
‘‘(n) ONLINE COUNSELING TOOLS.— 
‘‘(1) IN GENERAL.—Beginning not later than 18 
months after the date of enactment of the College Af-
fordability Act, the Secretary shall maintain— 
‘‘(A) an online counseling tool that provides 
the exit counseling required under subsection (b) 
and meets the applicable requirements of this 
subsection; and 
‘‘(B) an online counseling tool that provides 
the annual counseling required under subsection 
(l) and meets the applicable requirements of this 
subsection. 
‘‘(2) REQUIREMENTS OF TOOLS.—In developing 
and maintaining the online counseling tools described 
in paragraph (1), the Secretary shall ensure that each 
such tool is— 
‘‘(A) consumer tested, in consultation with 
other relevant Federal agencies and including 
students (low-income students and student vet-
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716 
erans, and students’ families) and borrowers, in-
stitutions of higher education, secondary school 
and postsecondary counselors, and nonprofit con-
sumer groups, to ensure that the tool is effective 
in helping individuals understand their options, 
rights, and obligations with respect to borrowing 
a loan made under part D; and 
‘‘(B) freely available to all eligible institu-
tions. 
‘‘(3) RECORD
OF
COUNSELING
COMPLETION.— 
The Secretary shall— 
‘‘(A) use each online counseling tool de-
scribed in paragraph (1) to keep a record of 
which individuals have received counseling using 
the tool, and notify the applicable institutions of 
the individual’s completion of such counseling; 
‘‘(B) in the case of a borrower who receives 
annual counseling for a loan made under part D 
using the tool described in paragraph (1)(B), no-
tify the borrower by when the borrower should 
accept, in a manner described in subsection 
(l)(5), the loan for which the borrower has re-
ceived such counseling; and 
‘‘(C) in the case of a borrower described in 
subsection (b)(1)(B) at an institution that uses 
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717 
the online counseling tool described in paragraph 
(1)(A) of this subsection, the Secretary shall at-
tempt to provide the information described in 
subsection (b)(1)(A) to the borrower through such 
tool.’’. 
(e) DISCLOSURE
OF
RELIGIOUS
EXEMPTIONS
TO 
TITLE IX OF THE EDUCATION AMENDMENTS OF 1972.— 
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 
1092), as amended by this section, is further amended by 
adding at the end the following: 
‘‘(o) DISCLOSURE
OF RELIGIOUS EXEMPTIONS
TO 
TITLE IX OF THE EDUCATION AMENDMENTS OF 1972.— 
Each institution of higher education participating in any 
program under this title that requests, receives, or exercises 
or intends to exercise a religious exemption to the require-
ments of title IX of the Education Amendments of 1972 (20 
U.S.C. 1681 et seq.) shall submit in writing to the Assistant 
Secretary for Civil Rights a statement by the highest rank-
ing official of the institution, identifying the provisions of 
part 106 of title 34 of the Code of Federal Regulations that 
conflict with a specific tenet of the religious organization 
and shall publish on its website, in a prominent location, 
the following: 
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718 
‘‘(1) REQUEST LETTER.—Each letter submitted 
by the educational institution to the Department to 
request such an exemption. 
‘‘(2) EXEMPTION LETTER.—Each letter from the 
Department to the educational institution that grants 
or denies such an exemption. 
‘‘(3) NOTICE OF REQUEST.—Notice that the edu-
cational institution has requested an exemption under 
section 901(a)(3) of the Education Amendments of 
1972 (20 U.S.C. 1681(a)(3)). 
‘‘(4) NOTICE OF EXEMPTION.—If applicable, no-
tice that the educational institution has received an 
exemption under section 901(a)(3) of the Education 
Amendments of 1972 (20 U.S.C. 1681(a)(3)). 
‘‘(5) COVERED PERSONAL CHARACTERISTICS OR 
BEHAVIORS.—A list of the personal characteristics or 
behaviors to which each requested or granted exemp-
tion applies. 
‘‘(6) COVERED
ACTIVITIES
OR
PROGRAMS.—A 
list of the activities or programs to which each exemp-
tion applies. 
‘‘(7) STATEMENT
OF
RIGHTS.—The statement 
‘Students continue to have rights under title IX of the 
Education Amendments of 1972. Any student who ex-
periences discrimination may contact the Office for 
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719 
Civil Rights at the United States Department of Edu-
cation at lllll or lllll.’, with the first 
blank space being filled with a link to the website of 
the Office for Civil Rights and the second blank space 
being filled with the telephone number of the Office for 
Civil Rights.’’. 
(f) EXPECTANT
AND PARENTING STUDENTS POLI-
CIES.—Section 485 of the Higher Education Act of 1965 
(20 18 U.S.C. 1092), as amended by this section, is further 
amended by adding at the end the following: 
‘‘(p) EXPECTANT AND PARENTING STUDENTS POLI-
CIES.—Each institution of higher education participating 
in any program under this title shall develop and make 
available, including on the institution’s website, a state-
ment of policy concerning expectant and parenting stu-
dents, which shall include, at a minimum— 
‘‘(1) the institution’s policy regarding leaves of 
absence related to pregnancy (and related medical 
conditions), and the birth or adoption of a child, 
which shall include— 
‘‘(A) any policies related to the availability 
of parental leave; and 
‘‘(B) options, including time requirements, 
for making up missed work for students who take 
a leave of absence; 
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720 
‘‘(2) information regarding lactation accom-
modations available to students; 
‘‘(3) a description of the process for requesting 
accommodations, and the type of accommodations 
available to expectant and parenting students, includ-
ing— 
‘‘(A) information on accommodations for 
pregnancy-related medical conditions; and 
‘‘(B) information on accommodations for 
students who have parental responsibilities; 
‘‘(4) information regarding financial aid eligi-
bility for expectant and parenting students, includ-
ing— 
‘‘(A) the availability of dependent care al-
lowances for a parenting student for the purposes 
of determining the student’s cost of attendance; 
‘‘(B) the ability to change dependency sta-
tus, including during an award year, following 
the birth of a child; 
‘‘(C) the availability of and eligibility re-
quirements for any emergency financial aid pro-
grams provided by the institution; and 
‘‘(D) an explanation of the effect that a 
leave of absence may have on a student’s dem-
onstration of satisfactory academic progress, in-
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721 
cluding for the purposes of eligibility to partici-
pate in financial aid programs under this title; 
‘‘(5) information on available student support 
services, programs, and community resources, such as 
academic advising, child care (including child care 
subsidy and assistance programs), housing (including 
housing subsidies and utility assistance programs), 
food (including food assistance programs), public ben-
efits, health care, health insurance, mental health, 
transportation benefits, mentoring, and other services 
available for expectant and parenting students, both 
on-campus and in the community, and under local, 
State, and Federal law; 
‘‘(6) information regarding the availability of 
on-campus housing that permits students to live with 
dependents; 
‘‘(7) information on the rights and protections 
that are guaranteed to expectant and parenting stu-
dents under applicable Federal and State laws; 
‘‘(8) the institution’s procedures for addressing 
complaints under title IX of the Education Amend-
ments of 1972 (20 U.S.C. 1681 et seq.), including pro-
cedures for reporting complaints under such title; 
‘‘(9) the institution’s procedures for addressing 
complaints alleging discrimination based on a preg-
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722 
nancy-related disability under section 504 of the Re-
habilitation Act of 1973 (29 U.S.C. 701 et seq.) or the 
Americans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.), including procedures for reporting 
complaints under such laws; and 
‘‘(10) the contact information for the institu-
tion’s Office of Accessibility, the institution’s Title IX 
coordinator, and any other relevant staff members 
who serve as a point of contact for, or offer services 
available to, expectant and parenting students.’’. 
SEC. 4612. PREVENTION OF IMPROPER ACCESS. 
Section 485B of the Higher Education Act of 1965 (20 
U.S.C. 1092b) is amended— 
(1) by redesignating subsections (e) through (h) 
as subsections (f) through (i), respectively; 
(2) in subsection (d)— 
(A) in paragraph (5)(C), by striking ‘‘and’’ 
after the semicolon; 
(B) in paragraph (6)(C), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(7) preventing access to the data system and 
any other system used to administer a program under 
this title by any person or entity for the purpose of 
assisting a student in managing loan repayment or 
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723 
applying for any repayment plan, consolidation loan, 
or other benefit authorized by this title, unless such 
access meets the requirements described in subsection 
(e).’’; 
(3) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) REQUIREMENTS FOR THIRD-PARTY DATA SYSTEM 
ACCESS.— 
‘‘(1) IN GENERAL.—As provided in paragraph 
(7) of subsection (d), an authorized person or entity 
described in paragraph (2) may access the data sys-
tem and any other system used to administer a pro-
gram under this title if that access— 
‘‘(A) is in compliance with terms of service, 
information security standards, and a code of 
conduct which shall be established by the Sec-
retary and published in the Federal Register; 
‘‘(B) is obtained using an access device (as 
defined in section 1029(e)(1) of title 18, United 
States Code) issued by the Secretary to the au-
thorized person or entity; and 
‘‘(C) is obtained without using any access 
device (as defined in section 1029(e)(1) of title 
18, United States Code) issued by the Secretary 
to a student, borrower, or parent. 
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724 
‘‘(2) AUTHORIZED PERSON OR ENTITY.—An au-
thorized person or entity described in this paragraph 
means— 
‘‘(A) a guaranty agency, eligible lender, or 
eligible institution, or a third-party organization 
acting on behalf of a guaranty agency, eligible 
lender, or eligible institution, that is in compli-
ance with applicable Federal law (including reg-
ulations and guidance); or 
‘‘(B) a licensed attorney representing a stu-
dent, borrower, or parent, or another individual 
who works for a Federal, State, local, or Tribal 
government or agency, or for a nonprofit organi-
zation, providing financial or student loan re-
payment counseling to a student, borrower, or 
parent, if— 
‘‘(i) that attorney or other individual 
has never engaged in unfair, deceptive, or 
abusive practices, as determined by the Sec-
retary; 
‘‘(ii) that attorney or other individual 
does not work for an entity that has en-
gaged in unfair, deceptive, or abusive prac-
tices (including an entity that is owned or 
operated by a person or entity that engaged 
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in such practices), as determined by the 
Secretary; 
‘‘(iii) system access is provided only 
through a separate point of entry; and 
‘‘(iv) the attorney or other individual 
has consent from the relevant student, bor-
rower, or parent to access the system.’’; and 
(4) in subsection (f)(1), as redesignated by para-
graph (1)— 
(A) in subparagraph (A), by striking ‘‘stu-
dent and parent’’ and inserting ‘‘student, bor-
rower, and parent’’; 
(B) by redesignating subparagraphs (C) 
and (D) as subparagraphs (D) and (E), respec-
tively; 
(C) by inserting after subparagraph (B) the 
following: 
‘‘(C) the reduction in improper data system 
access as described in subsection (d)(7);’’; and 
(D) by striking subparagraph (E), as redes-
ignated by subparagraph (B), and inserting the 
following: 
‘‘(E) any protocols, codes of conduct, terms 
of service, or information security standards de-
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veloped under paragraphs (6) or (7) of sub-
section (d) during the preceding fiscal year.’’. 
SEC. 4613. INFORMATION WITH RESPECT TO CRIME STATIS-
TICS FOR PROGRAMS OF STUDY ABROAD. 
Part G of title IV of the Higher Education Act of 1965 
(20 U.S.C. 1088 et seq.), as amended by the preceding sec-
tions, is further amended by inserting after section 485E 
(20 U.S.C. 1092f) the following: 
‘‘SEC. 485F. INFORMATION WITH RESPECT TO CRIME STA-
TISTICS FOR PROGRAMS OF STUDY ABROAD. 
‘‘(a) IN GENERAL.—Each institution participating in 
any program under this title, other than a foreign institu-
tion of higher education, shall develop and distribute a 
statement of policy with respect to students participating 
in a program of study abroad approved for credit by the 
institution concerning crime and harm that may occur 
while participating in such program of study abroad that, 
at a minimum, includes a biennial review by the institu-
tion of the programs of study abroad approved for credit 
by the institution to determine— 
‘‘(1) the effectiveness of the programs at pro-
tecting students from crime and harm, and whether 
changes to the programs are needed (based on the 
most recent guidance or other assistance from the Sec-
retary) and will be implemented; 
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‘‘(2) for the 5 years preceding the date of the re-
port, the number (in the aggregate for all programs 
of study abroad approved for credit by the institu-
tion) of— 
‘‘(A) deaths of program participants occur-
ring during program participation or during 
any other activities during the study abroad pe-
riod; 
‘‘(B) sexual assaults against program par-
ticipants occurring during program participa-
tion and reported to the institution; 
‘‘(C) accidents and illnesses occurring dur-
ing program participation that resulted in hos-
pitalization and were reported to the institution; 
and 
‘‘(D) incidents involving program partici-
pants during the program participation that re-
sulted in police involvement or a police report 
and were reported to the institution; and 
‘‘(3) with respect to the incidents described in 
subparagraphs (A) and (B) of paragraph (2), whether 
the incidents occurred— 
‘‘(A) on campus; 
‘‘(B) in or on noncampus buildings or 
property; 
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