pursuant to subpart II of part B of title XIX 
of the Public Health Service Act (42 U.S.C. 
300x–21). 
‘‘(3) GUIDANCE.—Not later than 1 year after 
the date of enactment of the College Affordability 
Act, the Secretary shall, in coordination with the 
Secretary of Health and Human Services, issue 
guidance with respect to the criteria described in 
paragraph (2)(A).’’; and 
(4) in subsection (e)— 
(A) in the subsection heading, by striking 
‘‘DRUG ABUSE’’ in the heading and inserting 
‘‘SUBSTANCE MISUSE’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘other organizations’’ 
and inserting ‘‘community-based organiza-
tions that partner with institutions of high-
er education’’; 
(ii) by striking ‘‘programs of preven-
tion, and education (including treatment- 
referral) to reduce and eliminate the illegal 
use of drugs and alcohol and the violence 
associated with such use’’ and inserting 
‘‘evidence-based programs of alcohol and 
substance misuse prevention and education 
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(including programs to improve access to 
treatment, referral for treatment services, 
or crisis intervention services) to eliminate 
illegal substance use, decrease substance 
misuse, and improve public health and 
safety’’; and 
(iii) by striking ‘‘alcohol and drug 
abuse’’ and inserting ‘‘substance use dis-
order’’; 
(C) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (3) through (6), re-
spectively; 
(D) by inserting after paragraph (1) the 
following: 
‘‘(2) ADDITIONAL USES.—In addition to the ac-
tivities described in paragraph (1), a grant or con-
tract awarded under paragraph (1) may be used to 
carry out 1 or more of the following evidence-based 
programs or activities: 
‘‘(A) Providing programs for recovery sup-
port services, and peer-to-peer support services 
and counseling for students with a substance 
use disorder. 
‘‘(B) Promoting integration and collabora-
tion in campus-based health services between 
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primary care, substance use disorder services, 
and mental health services. 
‘‘(C) Promoting integrated care services 
for students related to screening, diagnosis, pre-
vention, and treatment of mental, behavioral, 
and substance use disorders. 
‘‘(D) Providing re-entry assistance for stu-
dents on academic probation due to their sub-
stance use disorder. 
‘‘(E) 
Preventing 
fatal 
and 
nonfatal 
overdoses. 
‘‘(F) Providing education to students, fac-
ulty, or other personnel on— 
‘‘(i) recognizing the signs and symp-
toms of substance use disorder, and how to 
engage and support a person in a crisis sit-
uation; 
‘‘(ii) resources available in the com-
munity, within the institution of higher 
education, and other relevant resources for 
individuals with a substance use disorder; 
and 
‘‘(iii) safely de-escalating crisis situa-
tions involving individuals with a substance 
use disorder.’’; and 
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(E) by amending paragraph (6), as redes-
ignated by subparagraph (C), to read as fol-
lows: 
‘‘(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this section $15,000,000 for fiscal year 2021 and 
each of the 5 succeeding fiscal years.’’. 
(b) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall take effect on the date of enactment of this 
Act. 
(2) DELAYED EFFECTIVE DATES.—The amend-
ments made by subsection (a)(2) shall apply to insti-
tutions of higher education on the date that is 2 
years after the date of enactment of this Act. 
SEC. 1014. EXCEPTION TO REQUIRED REGISTRATION WITH 
SELECTIVE SERVICE SYSTEM. 
Part B of title I of the Higher Education Act of 1965 
(20 U.S.C. 1011 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 124. EXCEPTION TO REQUIRED REGISTRATION WITH 
SELECTIVE SERVICE SYSTEM. 
‘‘Notwithstanding section 12(f) of the Military Selec-
tive Service Act (50 U.S.C. 3811(f)), a person shall not 
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be ineligible for assistance or a benefit provided under title 
IV if the person is required under section 3 of such Act 
(50 U.S.C. 3802) to present himself for and submit to 
registration under such section, and fails to do so in ac-
cordance with any proclamation, rule, or regulation issued 
under such section.’’. 
SEC. 1015. INTEGRITY OF NONPROFIT INSTITUTIONS OF 
HIGHER EDUCATION. 
Part B of title I of the Higher Education Act of 1965 
(20 U.S.C. 1011 et seq.), as amended by this part, is fur-
ther amended by adding at the end the following: 
‘‘SEC. 125. INTEGRITY OF NONPROFIT INSTITUTIONS OF 
HIGHER EDUCATION. 
‘‘(a) DETERMINATION.—The Secretary may approve 
the conversion of an institution of higher education to a 
nonprofit institution of higher education only if the Sec-
retary determines that such institution of higher education 
meets the requirements under subsection (b). 
‘‘(b) APPLICATION.—To be eligible to convert and 
participate as a nonprofit institution of higher education 
under this Act, an institution of higher education shall 
submit an application to the Secretary that demonstrates 
each of the following: 
‘‘(1) That the institution of higher education 
that submits such application is controlled, owned, 
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and operated by one or more nonprofit corporations 
or associations, no part of the net earnings of which 
inures, or may lawfully inure, to the benefit of any 
private shareholder or individual. 
‘‘(2) That any assets or services acquired by the 
institution of higher education that submits such ap-
plication from former owners of such institution of 
higher education were not acquired for more than 
the value of such assets or services. 
‘‘(3) That no member of the governing board of 
the institution of higher education that submits such 
application (other than ex officio members serving at 
the pleasure of the remainder of the governing board 
and receiving a fixed salary), or any person with the 
power to appoint or remove members of such gov-
erning board or any immediate family member of 
such a member of the board or such a person with 
power of appointment, receives any substantial di-
rect or indirect economic benefit (including a lease, 
promissory note, or other contract) from such insti-
tution of higher education. 
‘‘(4) That the institution of higher education 
that submits such application is an organization de-
scribed in section 501(c)(3) of the Internal Revenue 
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Code of 1986 and is exempt from taxation under 
section 501(a) of such Code. 
‘‘(5) Subject to subsection (c), that none of the 
core functions of the institution of higher education 
that submits such application are under the control 
of, or subject to significant direction from, an entity 
that is not a public institution of higher education 
or other nonprofit entity. 
‘‘(c) PRESUMPTION OF SIGNIFICANT DIRECTION.— 
For purposes of paragraph (5) of subsection (b), in the 
case of an institution of higher education that submits an 
application under such subsection, there shall be a conclu-
sive presumption that an entity (other than such institu-
tion of higher education) exercises significant direction 
over such institution if one or more of the employees or 
owners of the entity serves as an officer, member of the 
board, or person holding similar authority for such institu-
tion. 
‘‘(d) TRANSITION PERIOD.—In the case of a propri-
etary institution of higher education (as defined in section 
102(b)) approved for conversion under subsection (a), for 
a period of at least 5 years that begins on the date such 
institution is approved for such conversion, the institution 
shall be subject to any provision of this Act and any regu-
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lations that apply to proprietary institutions of higher edu-
cation. 
‘‘(e) VALUE.—The term ‘value’, with respect to an 
acquisition under subsection (b)(2)— 
‘‘(1) includes the value of any ongoing relation-
ship (including any contract, agreement, lease or 
other arrangement); 
‘‘(2) subject to paragraph (3), may be dem-
onstrated through— 
‘‘(A) a third-party appraisal based on com-
parable assets acquired by, or goods or services 
procured by, nonprofit corporations in similar 
market conditions; 
‘‘(B) an independent financing of the ac-
quisition based upon the assets acquired; or 
‘‘(C) a full and open competition in the ac-
quisition of services or assets, as such term is 
defined in section 2.101(b) of title 48, Code of 
Federal Regulations, as in effect on the date of 
the enactment of this section; and 
‘‘(3) shall be subject to such other demonstra-
tion process determined appropriate by the Secretary 
in a case in which the Secretary does not accept a 
demonstration process described in paragraph (2). 
‘‘(f) PUBLICATION.— 
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‘‘(1) APPLICATION.—Before the Secretary may 
approve the conversion of an institution of higher 
education under subsection (a), the application of 
such institution submitted to the Secretary under 
subsection (b) shall be published in the Federal Reg-
ister with an appropriate notice and comment pe-
riod. 
‘‘(2) DETERMINATION.—The Secretary shall 
publish each determination under this section, and 
the reasons for such determination, under the Fed-
eral Register. 
‘‘(g) PUBLIC REPRESENTATION AND MARKETING OF 
NONPROFIT STATUS.—An institution of higher education 
shall not promote or market itself, in any manner, as a 
nonprofit institution of higher education unless— 
‘‘(1) in the case of an institution of higher edu-
cation that seeks to convert to a nonprofit institu-
tion of higher education under this section— 
‘‘(A) the Secretary has given final approval 
of the conversion of the institution to a non-
profit institution of higher education under this 
section; 
‘‘(B) an accrediting agency or association 
recognized by the Secretary pursuant to section 
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496 has approved the nonprofit status of the 
institution; and 
‘‘(C) the State has given final approval to 
the institution as a nonprofit institution of 
higher education, as applicable; and 
‘‘(2) the Commissioner of Internal Revenue has 
approved the institution as tax exempt for purposes 
of the Internal Revenue Code of 1986. 
‘‘(h) OFFICE
TO
MONITOR
NONPROFIT
INTEG-
RITY.—Not later than 1 year after the date of enactment 
of the College Affordability Act, the Secretary shall estab-
lish an office within the Department with the expertise 
necessary to carry out this section. 
‘‘SEC. 126. REVIEW OF GOVERNANCE. 
‘‘The Secretary shall review the governance of an in-
stitution of higher education when such institution has en-
gaged in transactions or arrangements determined by the 
Secretary as potential indicators of private inurement, in 
order to promote the highest standards of nonprofit integ-
rity.’’. 
SEC. 1016. SUPPORT AND GUIDANCE FOR HOMELESS INDI-
VIDUALS AND FOSTER CARE YOUTH. 
Part B of title I of the Higher Education Act of 1965 
(20 U.S.C. 1011 et seq.), as amended by this part, is fur-
ther amended by adding at the end the following: 
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‘‘SEC. 127. SUPPORT AND GUIDANCE FOR HOMELESS INDI-
VIDUALS AND FOSTER CARE YOUTH. 
‘‘(a) GUIDANCE.—Not later than 120 days after the 
date of enactment of the College Affordability Act, the 
Secretary shall issue revised guidance for institutions of 
higher education and financial aid administrators regard-
ing serving homeless individuals and foster care youth, in-
cluding the requirements of the determination process for 
financial aid administrators as specified in section 480(d). 
‘‘(b) PROFESSIONAL DEVELOPMENT.—Beginning not 
later than 1 year after the date of enactment of the Col-
lege Affordability Act, the Secretary shall conduct an an-
nual professional development or training program, such 
as a webinar, for liaisons described under section 485(k) 
and interested faculty or staff regarding postsecondary 
education services for such homeless individuals and foster 
care youth. 
‘‘(c) REPORT.—Not later than 1 year after the date 
of enactment of the College Affordability Act, and not less 
than once every 5 years thereafter, the Secretary shall pre-
pare and submit to Congress a report containing strate-
gies used by institutions, financial aid administrators, and 
liaisons described under section 485(k) that were effective 
in meeting the needs of such homeless individuals and fos-
ter care youth, including strategies relating to stream-
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lining financial aid policies and procedures and postsec-
ondary education recruitment, retention, and completion. 
‘‘(d) HOMELESS INDIVIDUAL DEFINED.—In this sec-
tion, the term ‘homeless individual’ has the meaning given 
the term in section 402A.’’. 
SEC. 1017. CALCULATION OF PERCENTAGE OF ENROLLED 
STUDENTS RECEIVING OR ELIGIBLE FOR 
FEDERAL PELL GRANTS. 
Part B of title I of the Higher Education Act of 1965 
(20 U.S.C. 1011 et seq.), as amended by this part, is fur-
ther amended by adding at the end the following: 
‘‘SEC. 128. CALCULATION OF PERCENTAGE OF ENROLLED 
STUDENTS RECEIVING OR ELIGIBLE FOR 
FEDERAL PELL GRANTS. 
‘‘Beginning on the date of enactment of the College 
Affordability Act, for purposes of calculating under this 
Act the percentage of students enrolled at an institution 
of higher education or in a program who are receiving 
Federal Pell Grants under section 401 or who are eligible 
to receive such grants, the total number of students who 
are counted as enrolled in such institution or program 
shall not include students who are dually or concurrently 
enrolled in the institution or program and a secondary 
school.’’. 
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SEC. 1018. CERTIFICATION REGARDING THE USE OF CER-
TAIN FEDERAL FUNDS. 
(a) IN GENERAL.—Part B of title I of the Higher 
Education Act of 1965 (20 U.S.C. 1011 et seq.), as 
amended by this part, is further amended by adding at 
the end the following: 
‘‘SEC. 129. CERTIFICATION REGARDING THE USE OF CER-
TAIN FEDERAL FUNDS. 
‘‘(a) PROHIBITION.—No Federal funds received 
under this Act by an institution of higher education or 
other postsecondary educational institution may be used 
to pay any person for influencing or attempting to influ-
ence an officer or employee of any agency, a Member of 
Congress, an officer or employee of Congress, or an em-
ployee of a Member of Congress in connection with any 
Federal action described in subsection (b). 
‘‘(b) APPLICABILITY.—The prohibition in subsection 
(a) applies with respect to the following Federal actions: 
‘‘(1) The awarding of any Federal contract. 
‘‘(2) The making of any Federal grant. 
‘‘(3) The making of any Federal loan. 
‘‘(4) The entering into of any Federal coopera-
tive agreement. 
‘‘(5) The extension, continuation, renewal, 
amendment, or modification of any Federal contract, 
grant, loan, or cooperative agreement. 
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‘‘(c) LOBBYING AND EARMARKS.—No Federal stu-
dent aid funding under this Act may be used to hire a 
registered lobbyist or pay any person or entity for securing 
an earmark. 
‘‘(d) CERTIFICATION.—Each institution of higher 
education or other postsecondary educational institution 
receiving Federal funding under this Act, as a condition 
for receiving such funding, shall annually certify to the 
Secretary that the requirements of subsections (a) through 
(c) have been met. 
‘‘(e) ACTIONS TO IMPLEMENT AND ENFORCE.—The 
Secretary shall take such actions as are necessary to en-
sure that the provisions of this section are implemented 
and enforced.’’. 
(b) CONFORMING AMENDMENT.—Section 119 of the 
Higher Education Opportunity Act (20 U.S.C. 1011m) is 
repealed. 
PART C—COST OF HIGHER EDUCATION 
SEC. 1021. CONSUMER INFORMATION. 
Section 132(i)(1) of the Higher Education Act of 
1965 (20 U.S.C. 1015a(i)(1)) is amended— 
(1) in subparagraph (T), by striking ‘‘rate,’’ 
and inserting ‘‘rate and adjusted cohort default 
rate,’’; and 
(2) by adding at the end the following: 
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‘‘(AA) The institution’s expenditures on 
each of the following: 
‘‘(i) Instruction. 
‘‘(ii) Student services. 
‘‘(iii) Marketing. 
‘‘(iv) Recruitment. 
‘‘(v) Advertising. 
‘‘(vi) Lobbying.’’. 
SEC. 1022. POSTSECONDARY STUDENT DATA SYSTEM. 
(a) POSTSECONDARY STUDENT DATA SYSTEM.—Sec-
tion 132 of the Higher Education Act of 1965 (20 U.S.C. 
1015a) is amended— 
(1) by redesignating subsection (l) as subsection 
(m); and 
(2) by inserting after subsection (k) the fol-
lowing: 
‘‘(l) POSTSECONDARY STUDENT DATA SYSTEM.— 
‘‘(1) IN GENERAL.— 
‘‘(A) ESTABLISHMENT
OF
SYSTEM.—The 
Commissioner of the National Center for Edu-
cation Statistics (referred to in this subsection 
as the ‘Commissioner’) shall develop and main-
tain a secure, privacy-protected postsecondary 
student-level data system in order to— 
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‘‘(i) accurately evaluate student en-
rollment patterns, progression, completion, 
and postcollegiate outcomes, and higher 
education costs and financial aid; 
‘‘(ii) assist with transparency, institu-
tional improvement, and analysis of Fed-
eral aid programs; 
‘‘(iii) provide accurate, complete, and 
customizable information for students and 
families making decisions about postsec-
ondary education; and 
‘‘(iv) reduce the reporting burden on 
institutions of higher education, in accord-
ance with section 1022(b)(2) of the College 
Affordability Act. 
‘‘(B) AVOIDING
DUPLICATED
REPORT-
ING.—Notwithstanding any other provision of 
this section, to the extent that another provi-
sion of this section requires the same reporting 
or collection of data that is required under this 
subsection, an institution of higher education, 
or the Secretary or Commissioner, may use the 
reporting or data required for the postsec-
ondary student data system under this sub-
section to satisfy both requirements. 
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‘‘(C) DEVELOPMENT PROCESS.—In devel-
oping the postsecondary student data system 
described in this subsection, the Commissioner 
shall— 
‘‘(i) focus on the needs of— 
‘‘(I) users of the data system; 
and 
‘‘(II) entities, including institu-
tions of higher education, reporting to 
the data system; 
‘‘(ii) take into consideration, to the 
extent practicable— 
‘‘(I) the guidelines outlined in the 
U.S. Web Design Standards main-
tained by the General Services Admin-
istration and the Digital Services 
Playbook and TechFAR Handbook for 
Procuring 
Digital 
Services 
Using 
Agile Processes of the U.S. Digital 
Service; and 
‘‘(II) the relevant successor docu-
ments or recommendations of such 
guidelines; 
‘‘(iii) use modern, relevant privacy- 
and security-enhancing technology, and en-
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hance and update the data system as nec-
essary to carry out the purpose of this sub-
section; 
‘‘(iv) ensure data privacy and security 
is consistent with any Federal law relating 
to privacy or data security, including— 
‘‘(I) the requirements of sub-
chapter II of chapter 35 of title 44, 
United States Code, specifying secu-
rity categorization under the Federal 
Information Processing Standards or 
any relevant successor of such stand-
ards; 
‘‘(II) security requirements that 
are consistent with the Federal agency 
responsibilities in section 3554 of title 
44, United States Code, or any rel-
evant successor of such responsibil-
ities; and 
‘‘(III) 
security 
requirements, 
guidelines, and controls consistent 
with cybersecurity standards and best 
practices developed by the National 
Institute of Standards and Tech-
nology, including frameworks, con-
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