760 
education programs, for financial aid pur-
poses; 
(iv) considerations for accreditation 
agencies before recognizing competency- 
based education programs; 
(v) address the role of faculty and fac-
ulty involvement in competency-based edu-
cation programs; 
(vi) additional resources that may be 
needed for adequate oversight of com-
petency-based education programs; and 
(vii) 
the 
responsiveness 
of 
com-
petencies to the labor market and employ-
ers. 
(f) REPORTS.— 
(1) INTERIM REPORTS.—Not later than 2 years 
after the date of enactment of this Act, and bienni-
ally thereafter until the final report is submitted 
under paragraph (2), the Council shall prepare and 
submit to the Secretary of Education and Congress, 
and make available to the public, a report that pro-
vides ongoing feedback to the annual evaluations of 
the demonstration projects under section 486C(g)(2) 
of the Higher Education Act of 1965, as added by 
section 4613 of this Act, including a discussion of 
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implementation challenges programs face, and the 
items listed in subsection (e)(2)(B). 
(2) FINAL REPORT.—Not later than 6 years 
after the date of enactment of this Act, the Council 
shall prepare and submit to the Secretary of Edu-
cation and Congress, and make available to the pub-
lic, a report containing the findings of the study 
under subsection (e)(1) and the recommendations 
developed under subsection (e)(2). 
SEC. 4617. WRITTEN ARRANGEMENTS TO PROVIDE EDU-
CATIONAL PROGRAMS. 
Part G of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1088 et seq.) is amended by inserting 
after section 486C (as added by section 4614 of this Act) 
the following: 
‘‘SEC. 486D. WRITTEN ARRANGEMENTS TO PROVIDE EDU-
CATIONAL PROGRAMS. 
‘‘(a) WRITTEN ARRANGEMENTS BETWEEN ELIGIBLE 
INSTITUTIONS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), if an eligible institution enters into a 
written arrangement with another eligible institu-
tion, or with a consortium of eligible institutions, 
under which the other eligible institution or consor-
tium provides part of the educational program to 
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students enrolled in the first institution, the Sec-
retary shall consider that educational program to be 
an eligible program if the educational program of-
fered by the institution that grants the degree or 
certificate otherwise satisfies the requirements for 
eligibility under this title. 
‘‘(2) COMMON
OWNERSHIP
OR
CONTROL.—If 
the written arrangement described in paragraph (1) 
is between two or more eligible institutions that are 
owned or controlled by the same individual, partner-
ship, or corporation, the Secretary shall consider the 
educational program to be an eligible program if— 
‘‘(A) the educational program offered by 
the institution that grants the degree or certifi-
cate otherwise satisfies the requirements for eli-
gibility under this title; and 
‘‘(B) the institution that grants the degree 
or certificate provides more than 50 percent of 
the educational program. 
‘‘(b) 
WRITTEN
ARRANGEMENTS
FOR
STUDY- 
ABROAD.—Under a study abroad program, if an eligible 
institution enters into a written arrangement under which 
an institution in another country, or an organization act-
ing on behalf of an institution in another country, provides 
part of the educational program of students enrolled in 
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the eligible institution, the Secretary considers that edu-
cational program to be an eligible program if it otherwise 
satisfies the requirements of paragraphs (1) through (3) 
of subsection (c). 
‘‘(c) WRITTEN ARRANGEMENTS BETWEEN AN ELIGI-
BLE INSTITUTION AND AN INELIGIBLE INSTITUTION OR 
ORGANIZATION.—If an eligible institution enters into a 
written arrangement with an institution or organization 
that is not an eligible institution under which the ineligible 
institution or organization provides part of the educational 
program of students enrolled in the eligible institution, the 
Secretary shall consider that educational program to be 
an eligible program if— 
‘‘(1) the ineligible institution or organization 
has not— 
‘‘(A) had its eligibility to participate in the 
programs under this title terminated by the 
Secretary; 
‘‘(B) voluntarily withdrawn from participa-
tion programs under this title under a termi-
nation, show-cause, suspension, or similar type 
proceeding initiated by the institution’s State li-
censing agency, accrediting agency, guarantor, 
or by the Secretary; 
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‘‘(C) had its certification to participate in 
programs under this title revoked by the Sec-
retary; 
‘‘(D) had its application for re-certification 
to participate in programs under this title de-
nied by the Secretary; or 
‘‘(E) had its application for certification to 
participate in programs under this title denied 
by the Secretary; 
‘‘(2) the ineligible institution or organization 
does not have any role in the admission of students 
into the educational program; 
‘‘(3) the educational program offered by the in-
stitution that grants the degree or certificate other-
wise satisfies the requirements for eligibility under 
this title; and 
‘‘(4)(A) the ineligible institution or organization 
provides 25 percent or less of the educational pro-
gram; or 
‘‘(B)(i) the ineligible institution or organization 
provides more than 25 percent but less than 50 per-
cent of the educational program; 
‘‘(ii) the eligible institution and the ineligible in-
stitution or organization are not owned or controlled 
by the same individual, partnership, or corporation; 
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‘‘(iii) the eligible institution’s accrediting agen-
cy, or if the institution is a public postsecondary vo-
cational educational institution, the State agency de-
termined by the Secretary to be a reliable authority 
as to the quality of public postsecondary vocational 
education pursuant to section 487(c)(4), has specifi-
cally determined that the institution’s arrangement 
meets the agency’s standards for the contracting out 
of educational services; and 
‘‘(iv) the eligible institution provides to the Sec-
retary the institution’s expenditures on instruction, 
student services, marketing, recruitment, adver-
tising, and lobbying made available under section 
132(i)(1)(AA) with respect to the portion of the edu-
cational program covered by the written arrange-
ment. 
‘‘(d) ADMINISTRATION OF TITLE IV PROGRAMS.— 
‘‘(1) IN GENERAL.—If an institution enters into 
a written arrangement as described in subsection 
(a), subsection (b), or subsection (c), except as pro-
vided in paragraph (2), the institution at which the 
student is enrolled as a regular student shall deter-
mine the student’s eligibility for funds under this 
title, and shall calculate and disburse those funds to 
that student. 
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‘‘(2) SPECIAL RULE FOR ARRANGEMENTS BE-
TWEEN ELIGIBLE INSTITUTIONS.—In the case of a 
written arrangement between eligible institutions, 
the institutions may agree in writing to have any eli-
gible institution in the written arrangement calculate 
and disburse funds under this title to the student 
and the Secretary shall not consider that institution 
to be a third party servicer for that arrangement. 
‘‘(3) CALCULATION AND DISBURSEMENT.—The 
institution that calculates and disburses a student’s 
funds under paragraph (1) or paragraph (2) must— 
‘‘(A) take into account all the hours in 
which the student enrolls at each institution 
that apply to the student’s degree or certificate 
when determining the student’s enrollment sta-
tus and cost of attendance; and 
‘‘(B) maintain all records regarding the 
student’s eligibility for and receipt of funds 
under this title. 
‘‘(e) INFORMATION
MADE
AVAILABLE
TO
STU-
DENTS.—If an institution enters into a written arrange-
ment described in subsection (a), subsection (b), or sub-
section (c), the institution shall provide directly to enrolled 
and prospective students, and make available on a publicly 
accessible website of the institution, a description of writ-
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ten arrangements the institution has entered into in ac-
cordance with this section, including information on— 
‘‘(1) the portion of the educational program 
that the institution that grants the degree or certifi-
cate is not providing; 
‘‘(2) the name and location of the other institu-
tions or organizations that are providing the portion 
of the educational program that the institution that 
grants the degree or certificate is not providing; 
‘‘(3) the method of delivery of the portion of 
the educational program that the institution that 
grants the degree or certificate is not providing; and 
‘‘(4) estimated additional costs students may 
incur as the result of enrolling in an educational 
program that is provided, in part, under the written 
arrangement.’’. 
SEC. 4618. IMPROVEMENTS TO PROGRAM PARTICIPATION 
AGREEMENTS. 
(a) ALCOHOL
AND SUBSTANCE MISUSE PREVEN-
TION.—Section 487(a)(10) of the Higher Education Act 
of 1965 (20 U.S.C. 1094(a)(10)) is amended by striking 
‘‘a drug abuse prevention program’’ and inserting ‘‘an al-
cohol and substance misuse prevention program in accord-
ance with section 120’’. 
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768 
(b) ADJUSTED COHORT DEFAULT RATE.—Section 
487(a)(14) of the Higher Education Act of 1965 is 
amended by adding at the end the following: 
‘‘(D) Beginning on the date on which the 
final adjusted cohort default rates are published 
by the Secretary for fiscal year 2018 under sec-
tion 435(m), subparagraph (C) shall be applied 
by substituting ‘adjusted cohort default rate in 
excess of 5 percent’ for ‘cohort default rate in 
excess of 10 percent’ each place it appears.’’. 
(c) POSTSECONDARY DATA.—Paragraph (17) of sec-
tion 487(a) of the Higher Education Act of 1965 (20 
U.S.C. 1094(a)) is amended to read as follows: 
‘‘(17) The institution of higher education (or 
the assigned agent of such institution) shall collect 
and submit data to the Commissioner for Education 
Statistics in a timely manner in accordance with— 
‘‘(A) section 132(l); 
‘‘(B) nonstudent-related surveys within the 
Integrated Postsecondary Education Data Sys-
tem (IPEDS); and 
‘‘(C) any other Federal postsecondary data 
collection effort.’’. 
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769 
(d) ACCESS TO HOUSING FOR FOSTER YOUTH.—Sec-
tion 487(a)(19) of the Higher Education Act of 1965 (20 
U.S.C. 1094(a)(19)) is amended— 
(1) by striking ‘‘The institution will not’’ and 
inserting the following: ‘‘The institution— 
‘‘(A) will not’’; 
(2) by inserting ‘‘housing facilities,’’ after ‘‘li-
braries,’’; 
(3) by striking ‘‘institution.’’ and inserting ‘‘in-
stitution; and’’; and 
(4) by adding at the end the following: 
‘‘(B) will provide a means for students to 
access institutionally owned or operated housing 
if a student is temporarily unable to meet fi-
nancial obligations related to housing, including 
deposits, due to delayed disbursement of vouch-
ers for education and training made available 
under section 477 of part E of title IV of the 
Social Security Act or delays attributable to the 
institution.’’. 
(e) 
DISTRIBUTION
OF
VOTER
REGISTRATION 
FORMS.— 
Section 487(a)(23)(A) of the Higher Education 
Act of 1965 (20 U.S.C. 1094(a)(23)(A)) is amended 
by striking ‘‘, if located in a state to which section 
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(4)(b) of the National Voter Registration Act of 
1993 (42 U.S.C. 1973gg–2(b)) does not apply,’’. 
(f) 
PROPRIETARY
INSTITUTIONS.—Section 
487(a)(24) of the Higher Education Act of 1965 (20 
U.S.C. 1094(a)(24)) is amended by striking ‘‘not less than 
ten percent of such institution’s revenues from sources 
other than funds provided under this title’’ and inserting 
‘‘not less than 15 percent of such institution’s revenues 
from sources other than Federal education assistance 
funds’’. 
(g) WRITTEN ARRANGEMENTS WITH OTHER INSTI-
TUTIONS.—Section 487(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1094(a)) is amended by adding at the 
end the following: 
‘‘(30) In the case of an institution that enters 
into a written arrangement with an organization or 
another institution to provide part of an educational 
program, the institution will comply with the appli-
cable requirements of section 486D.’’. 
SEC. 4619. COMPLIANCE WITH THE CIVIL RIGHTS ACT OF 
1964. 
Section 487(a) of the Higher Education Act of 1965 
(20 U.S.C. 1094(a)), as amended by the preceding sec-
tions, is further amended by adding at the end the fol-
lowing: 
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‘‘(31) The institution will— 
‘‘(A) designate at least one employee to co-
ordinate compliance with title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.), 
including any investigation of any complaint al-
leging— 
‘‘(i) noncompliance with such title; 
and 
‘‘(ii) any actions prohibited by such 
title; 
‘‘(B) annually submit a report to the Sec-
retary that includes all complaints described in 
subparagraph (A) with respect to such institu-
tion; 
‘‘(C) make the report under subparagraph 
(B) publicly available on the internet website of 
the institution; and 
‘‘(D) notify students and employees of— 
‘‘(i) the name, office address, and 
telephone number of each employee des-
ignated under subparagraph (A); 
‘‘(ii) the report under subparagraph 
(B); 
‘‘(iii) the enforcement policies of the 
institution with respect to such title; and 
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‘‘(iv) the procedure for reporting and 
investigating complaints under such title.’’. 
SEC. 4620. SUBMISSION OF DATA WITH RESPECT TO STU-
DENTS WITH DISABILITIES. 
Section 487(a) of the Higher Education Act of 1965 
(20 U.S.C. 1094(a)), as amended by the preceding sec-
tions, is further amended by adding at the end the fol-
lowing: 
‘‘(32) The institution will submit, for inclusion 
in the postsecondary student data system established 
under section 132(l), the Integrated Postsecondary 
Education Data System of the Department, or any 
other Federal postsecondary institution data collec-
tion effort, key data related to undergraduate and 
graduate students enrolled at the institution who are 
formally registered as students with disabilities with 
the institution’s office of accessibility, including the 
total number of students with disabilities enrolled, 
the number of students accessing or receiving ac-
commodation, the percentage of students with dis-
abilities of all undergraduate students, and the total 
number of undergraduate certificates or degrees 
awarded to students with disabilities. An institution 
shall not be required to submit the information de-
scribed in the preceding sentence if the number of 
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773 
such students would reveal personally identifiable in-
formation about an individual student.’’. 
SEC. 4621. EDUCATION PROGRAM ON HAZING. 
(a) EDUCATIONAL PROGRAM ON HAZING.—Section 
487(a) of the Higher Education Act of 1965 (20 U.S.C. 
1094(a)), as amended by the preceding sections, is further 
amended by adding at the end the following: 
‘‘(33) The institution will provide students with 
an educational program on hazing (as that term is 
defined in section 485(f)(6)(A)(vii)), which shall in-
clude information on hazing awareness, hazing pre-
vention, and the institution’s policies on hazing.’’. 
SEC. 4622. CHANGES TO PROGRAM PARTICIPATION AGREE-
MENTS TO STRENGTHEN CONSUMER PRO-
TECTIONS. 
(a) PROHIBITION ON LOSS OF ACCESS TO TRAN-
SCRIPTS FOR LOAN DEFAULT.—Section 487(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1094(a)) is fur-
ther amended by adding at the end the following: 
‘‘(34)(A) The institution will not prohibit a stu-
dent from accessing the student’s transcripts, degree 
scrolls, or other certifications of coursework or edu-
cational attainments at the institution because the 
student is in default on the repayment of a loan 
made, insured, or guaranteed under this title. 
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‘‘(B) For purposes of this paragraph, the term 
‘student’ includes former students.’’. 
(b) PROHIBITION ON LIMITATIONS ON ABILITY OF 
STUDENTS TO PURSUE CLAIMS AGAINST CERTAIN INSTI-
TUTIONS OF HIGHER EDUCATION.—Section 487(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1094(a)) is fur-
ther amended by adding at the end the following: 
‘‘(35) No agreement between the institution 
and any student will contain any limitation or re-
striction (including a limitation or restriction on any 
available choice of applicable law, a jury trial, or 
venue) on the ability of the student to pursue a 
claim, individually or with others, against an institu-
tion in court.’’. 
SEC. 4623. MISREPRESENTATION AND SUBSTANTIAL MIS-
REPRESENTATION DEFINED. 
Section 487(c)(3) of the Higher Education Act of 
1965 (20 U.S.C. 1094(c)(3)) is amended— 
(1) in subparagraph (B)(i)(II), by striking 
‘‘$25,000’’ and inserting ‘‘$60,000’’; and 
(2) by adding at the end the following: 
‘‘(C) In this paragraph: 
‘‘(i) The term ‘misleading’ means having 
the likelihood or tendency to mislead under the 
circumstances. 
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‘‘(ii) The term ‘misrepresentation’— 
‘‘(I) means any false, erroneous, or 
misleading statement an institution, one of 
its 
representatives, 
or 
a 
third-party 
servicer (as defined in section 481(c)) 
makes directly or indirectly to a student, 
prospective student or any member of the 
public, or an accrediting agency, a State 
agency, or to the Secretary; and 
‘‘(II) includes any statement that 
omits information in such a way as to 
make the statement false, erroneous, or 
misleading. 
‘‘(iii) The term ‘statement’ means any 
communication made in writing, visually, orally, 
or through other means. 
‘‘(iv) The term ‘substantial misrepresenta-
tion’ means any misrepresentation on which the 
person to whom such misrepresentation was 
made could reasonably be expected to rely, or 
has reasonably relied, to that person’s det-
riment.’’. 
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776 
SEC. 4624. TEACH-OUT PLANS. 
Section 487(f)(2) of the Higher Education Act of 
1965 (20 U.S.C. 1094(f)(2)) is amended to read as fol-
lows: 
‘‘(2) TEACH-OUT PLAN DEFINED.—In this sub-
section, the term ‘teach-out plan’ means a written 
plan that provides for the equitable treatment of stu-
dents if an institution of higher education ceases to 
operate before all students have completed their pro-
gram of study that— 
‘‘(A) shall include— 
‘‘(i) a process to maintain a complete 
list of such students and the estimated 
date of completion of each such student’s 
program of study; and 
‘‘(ii) a record retention plan that in-
cludes— 
‘‘(I) a plan to provide each stu-
dent with the transcript of such stu-
dent, at no cost to such student; and 
‘‘(II) the policies and procedures 
required under subparagraphs (B) 
and (C) of section 495(a)(6). 
‘‘(B) may include— 
‘‘(i) if required by the institution’s ac-
crediting agency or association, an agree-
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ment between institutions for such a teach- 
out plan; and 
‘‘(ii) such other information as the 
Secretary may require.’’. 
SEC. 4625. EXPERIMENTAL PROGRAMS. 
Section 487A of the Higher Education Act of 1965 
(20 U.S.C. 1094a) is amended to read as follows: 
‘‘SEC. 487A. EXPERIMENTATION WITH STATUTORY AND 
REGULATORY FLEXIBILITY. 
‘‘(a) EXPERIMENTAL SITES.—The Secretary is au-
thorized to periodically select a limited number of institu-
tions for voluntary participation as experimental sites to 
test the effectiveness of approaches to statutory and regu-
latory flexibility that— 
‘‘(1) to the extent appropriate, may lead to a 
reduction of regulatory burden on institutions of 
higher education or the Department of Education, 
except that the Secretary shall not waive any re-
quirement of this title for any institution partici-
pating as an experimental site that would reduce the 
protections or the information provided to a student 
under this Act; and 
‘‘(2) aim to increase student success, as deter-
mined in accordance with subsection (g). 
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‘‘(b) CONTINUING
AND DISCONTINUING EXPERI-
MENTS AND EXPERIMENTAL SITES.—The Secretary may 
continue any experiment or the voluntary participation of 
any experimental site in existence as of the date of enact-
ment of the College Affordability Act, unless the Secretary 
determines that such experiment or site has not been suc-
cessful in increasing student success as determined in ac-
cordance with subsection (g). Any experiment or experi-
mental site approved by the Secretary prior to the date 
of enactment of the College Affordability Act that has not 
been successful in increasing student success shall be dis-
continued before the first day of the first ward year begin-
ning after such date. 
‘‘(c) WAIVERS.—The Secretary is authorized to 
waive, for any institution participating as an experimental 
site under subsection (a), any requirements in this title, 
including requirements related to the award process and 
disbursement of student financial aid (such as innovative 
delivery systems for modular or compressed courses, or 
other innovative systems), verification of student financial 
aid application data, entrance and exit interviews, or other 
management procedures or processes as determined in the 
negotiated rulemaking process under section 492, or regu-
lations prescribed under this title, that will bias the results 
of the experiment, except that the Secretary shall not 
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waive any provisions with respect to award rules (other 
than an award rule related to an experiment in modular 
or compressed schedules), grant and loan maximum award 
amounts, and need analysis requirements unless the waiv-
er of such provisions is authorized by another provision 
under this title. 
‘‘(d) EVALUATION PLAN REQUIRED.—Before noti-
fying institutions of the intent of the Secretary to carry 
out an experiment under this section, the Secretary, in 
consultation with the Director of the Institute of Edu-
cation Sciences, shall develop an evaluation plan for the 
experiment. The evaluation plan shall include the fol-
lowing: 
‘‘(1) Identification of the methodology to be 
used for collecting data on the experiment which 
shall include, to the extent practicable, a method-
ology that allows for the disaggregation of data by 
age, race, gender, disability status, status as a vet-
eran or member of the Armed Forces, status as a 
first generation college student, and status as a re-
cipient of a Federal Pell Grant under section 401. 
‘‘(2) Identification of the rigorous evaluation 
methods to be used for determining the impact of 
the experiment, which shall include, to the extent 
practicable— 
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‘‘(A) a randomized controlled design; and 
‘‘(B) an assessment of whether the experi-
ment has a differential impact on any group de-
scribed in paragraph (1). 
‘‘(3) A schedule for conducting the experiment 
in accordance with the duration limit specified in 
subsection (f). 
‘‘(4) An estimate of the cost of conducting the 
experiment, to the extent practicable. 
‘‘(5) An estimate of the size of the study sam-
ple (such as the number of participating students or 
institutions) needed to determine if the experiment 
has statistically significant effects. 
‘‘(e) LIMITATION PENDING NOTICE TO CONGRESS.— 
‘‘(1) LIMITATION.—The Secretary may not 
carry out an experiment at an experimental site 
under this section until a period of 60 days has 
elapsed following the date on which the Secretary 
submits to the authorizing committees the notice de-
scribed in paragraph (2). 
‘‘(2) NOTICE
TO
CONGRESS.—The notice de-
scribed in this paragraph is a written notice that in-
cludes— 
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‘‘(A) a description of the experiment pro-
posed to be carried out by the Secretary, includ-
ing the rationale for the proposed experiment; 
‘‘(B) the policy-relevant questions the Sec-
retary intends to evaluate through the experi-
ment and an explanation of how the design of 
the experiment will allow the Secretary to best 
answer those questions; 
‘‘(C) a list of the specific statutory and 
regulatory requirements that the Secretary in-
tends to waive with respect to an institution 
participating as an experimental site and the 
legal authority for such waivers; 
‘‘(D) an explanation of how the statutory 
and regulatory flexibility provided to an institu-
tion participating as an experimental site is ex-
pected to increase student success, as required 
under subsection (a); and 
‘‘(E) a copy of the evaluation plan devel-
oped under subsection (d). 
‘‘(f) DURATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the duration of an experiment under this 
section shall not exceed a period of four years begin-
ning with the first award year for which Federal fi-
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nancial aid is disbursed to students participating in 
the experiment. 
‘‘(2) EXTENSION.—The Secretary may extend 
an experiment for up to two years beyond the four- 
year period specified in paragraph (1) on a case-by- 
case basis. 
‘‘(g) DETERMINATION OF SUCCESS.—For the pur-
poses of subsection (a), the Secretary shall make a deter-
mination of success regarding an institution’s participa-
tion as an experimental site based on— 
‘‘(1) whether, and to what extent, student out-
comes improve as a direct result of the experiment; 
‘‘(2) whether the experimental site improves the 
delivery of services to, or otherwise benefitted, stu-
dents; and 
‘‘(3) the extent to which the experiment reduces 
administrative burdens on institutions participating 
as experimental sites, as documented in the Sec-
retary’s annual report under subsection (h)(3), with-
out harming students. 
‘‘(h) OUTCOMES REPORTING.— 
‘‘(1) DATA SUBMISSION.—Each institution par-
ticipating as an experimental site shall submit to the 
Secretary, on a periodic basis to be determined by 
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the Secretary, data on outcomes relating to the ex-
periment carried out at the site. 
‘‘(2) REVIEW AND EVALUATION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary shall review and rigor-
ously evaluate the activities of each institution 
participating as an experimental site. 
‘‘(B) EVALUATION
METHODOLOGY.—To 
the extent practicable, the evaluation under 
subparagraph (A) shall be based on data col-
lected in accordance with the data collection 
methodology specified in the evaluation plan for 
the experiment under subsection (d)(1). 
‘‘(3) ANNUAL REPORT.—On an annual basis, 
the Secretary shall submit to the authorizing com-
mittees a report based on the review and evaluation 
carried out under paragraph (2). Each report shall 
include, with respect to each experiment carried out 
by the Secretary during the period covered by the 
report, the following: 
‘‘(A) A summary of the status of the ex-
periment. 
‘‘(B) A list identifying each institution par-
ticipating as an experimental site. 
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784 
‘‘(C) The specific statutory or regulatory 
waivers granted to each institution participating 
as an experimental site. 
‘‘(D) In a case in which data on the exper-
iment is not collected in accordance with the 
methodology specified in the evaluation plan 
under subsection (d)(1)— 
‘‘(i) the reasons that such method-
ology was not used to collect data on the 
experiment; and 
‘‘(ii) a description of the alternative 
data collection methodology used for the 
experiment. 
‘‘(E) An evaluation of the quality of data 
yielded by the experiment. 
‘‘(F) A summary and analysis of the find-
ings, to date, of the experiment. 
‘‘(G) An assessment of whether the experi-
ment has had a differential impact on any 
group listed in subsection (d)(1). 
‘‘(H) An explanation of any current or 
foreseen barriers to conducting the experiment. 
‘‘(I) In the case of an experiment for which 
the Secretary determines there is sufficient 
value in continuing the experiment past the du-
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806 
‘‘(A) cancel or repay all or a portion of the 
balance of interest and principal due on any 
loan subject to the claim for relief; and 
‘‘(B) return to the borrower an amount not 
in excess of the total amount of payments made 
on the loan by the borrower. 
‘‘(2) CANCELLATION OF DEBT AND RETURN OF 
PAYMENTS.— 
‘‘(A) SUBSTANTIAL
MISREPRESENTATION 
CLAIMS.—If the Secretary determines that a 
borrower is entitled to relief based on a claim 
of substantial misrepresentation, the Secretary 
shall— 
‘‘(i) cancel or repay the full balance of 
interest and principal due on any loan sub-
ject to the claim; and 
‘‘(ii) return to the borrower an 
amount equal to the total amount of pay-
ments made on the loan by the borrower. 
‘‘(B) OTHER CLAIMS.—If the Secretary de-
termines that a borrower is entitled to relief 
based on a claim other than substantial mis-
representation, there shall be a presumption 
that the Secretary will cancel or repay the full 
balance of principal and interest due on the 
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