ported in the complaint tracking system 
established under section 161. 
‘‘(v) As of the date of the determina-
tion, the institution is among the top 1 
percent of institutions in terms of low 
graduation rates, as determined by the 
Secretary, of all institutions participating 
in programs authorized under this title. 
‘‘(vi) The institution spends more 
than 20 percent of the institution’s reve-
nues on recruiting and marketing activities 
and executive compensation. 
‘‘(vii) In the fiscal year immediately 
following the most recent cohort default 
rate period— 
‘‘(I) the institution’s loan de-
faults increased by 50 percent or 
more as compared to the preceding 
period; and 
‘‘(II) more than 50 percent of 
the students attending the institution 
received loans under this title. 
‘‘(viii) The institution, or an executive 
of the institution, has publicly acknowl-
edged or disclosed that the institution— 
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‘‘(I) is in violation or noncompli-
ance with any provision of law admin-
istered by a relevant Federal agency 
or relevant State entity or agency; or 
‘‘(II) is being investigated re-
garding a potential violation of such 
provision of law. 
‘‘(ix) The institution— 
‘‘(I) is a proprietary institution 
of higher education that has acquired 
a nonprofit institution of higher edu-
cation at any point during the 1-year 
period preceding the date of the deter-
mination; or 
‘‘(II) was a proprietary institu-
tion of higher education and has be-
come a nonprofit institution of higher 
education at any time during the 1- 
year period preceding the date of the 
determination. 
‘‘(B) PUBLICATION OF INSTITUTIONS RE-
VIEWED.—The Secretary shall— 
‘‘(i) post, on a publicly available 
website, the name of each institution of 
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higher education that is reviewed under 
subparagraph (A); 
‘‘(ii) indicate, on such website, with 
respect to each such institution, which of 
the mandatory review criteria, as described 
in subparagraph (A), such institution met; 
and 
‘‘(iii) indicate on the College Navi-
gator website of the Department, or any 
successor website, the name of each insti-
tution of higher education that is reviewed 
under subparagraph (A). 
‘‘(C) INSTITUTIONAL DISCLOSURE OF RE-
VIEW.—Each institution of higher education 
that is reviewed under subparagraph (A) 
shall— 
‘‘(i) post on the home page of the in-
stitution’s website that the institution will 
be subject to a mandatory program review 
and why the institution is being reviewed 
and shall maintain such posting and expla-
nation for 1 year or until the Secretary has 
issued its final program review report 
under subsection (c)(5)(C), whichever oc-
curs sooner; 
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‘‘(ii) provide a clear, conspicuous dis-
closure of the information described in 
clause (i) to students who inquire about 
admission to the institution or submit an 
application for admission to the institution 
prior to the student signing an enrollment 
agreement with the institution, for 1 year 
or until the Secretary has issued the final 
program review report under subsection 
(c)(6)(C), whichever occurs sooner; and 
‘‘(iii) include the information de-
scribed in clause (i) on materials of accept-
ance or admission submitted to each stu-
dent before the student enrolls in the insti-
tution, for 1 year or until the Secretary 
has issued the final program review report 
under subsection (c)(6)(C), whichever oc-
curs sooner. 
‘‘(3) RISK-BASED REVIEWS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
use a risk-based approach to select, on an an-
nual basis not less than 2 percent of institu-
tions of higher education participating in a pro-
gram authorized under this title that are not 
reviewed under paragraph (2), for a program 
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review. Such approach shall prioritize program 
reviews of institutions that— 
‘‘(i) have received large increases in 
funding under this title during the 5-year 
period preceding the date of the determina-
tion; 
‘‘(ii) have a large proportion of overall 
revenue from Federal funds, as defined in 
section 166(2); 
‘‘(iii) have a significant fluctuation in 
Federal Direct Stafford Loan volume, Fed-
eral Pell Grant award volume, or any com-
bination thereof, in the year for which the 
selection is made, compared to the year 
prior to such year, that is not accounted 
for by changes in the Federal Direct Staf-
ford Loan program, the Federal Pell Grant 
program, or any combination thereof; 
‘‘(iv) have experienced sharp increases 
in enrollment in absolute numbers or rate 
of growth; 
‘‘(v) have high rates of defaults, rel-
ative to all other institutions of higher edu-
cation participating in a program author-
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ized under this title, for loans issued under 
this title over the lifetime of the loans; 
‘‘(vi) have a large aggregate dollar 
amount of loans under this title in default, 
or a high cohort default rate as described 
in section 435(m); 
‘‘(vii) have a high student default 
risk, as compared to the student default 
risk for all institutions participating in a 
program under this title; 
‘‘(viii) have a high proportion or high 
rate of complaints related to Federal stu-
dent financial aid, educational practices 
and services, or recruiting and marketing 
practices, as reported in the complaint 
tracking system established under section 
161; 
‘‘(ix) have extremely low graduation 
rates, as determined by the Secretary; 
‘‘(x) are in poor financial health ac-
cording to financial responsibility stand-
ards described in section 498(c); 
‘‘(xi) are spending a large percentage 
of the institution’s revenues on recruiting 
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