of higher education, each postsec-
ondary education system that fully 
participates in the postsecondary stu-
dent data system, and each State 
higher education body as designated 
by the governor. 
‘‘(II) FEEDBACK REPORTS.—The 
feedback reports provided under this 
clause shall include program-level and 
institution-level information from the 
postsecondary student data system re-
garding students who are associated 
with the institution or, for State rep-
resentatives, the institutions within 
that State, on or before the date of 
the report, on measures including stu-
dent mobility and workforce outcomes, 
provided that the feedback aggregate 
summary reports protect the privacy 
of individuals. 
‘‘(III) DETERMINATION OF CON-
TENT.—The content of the feedback 
reports shall be determined by the 
Commissioner, in consultation with 
the Advisory Committee. 
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‘‘(iii) PERMITTING STATE DATA QUE-
RIES.—The Commissioner shall, in con-
sultation with the Advisory Committee and 
as soon as practicable, create a process 
through which States may submit lists of 
secondary school graduates within the 
State to receive summary aggregate out-
comes for those students who enrolled at 
an institution of higher education, includ-
ing postsecondary enrollment and college 
completion, provided that those data pro-
tect the privacy of individuals and that the 
State data submitted to the Commissioner 
are not stored in the postsecondary edu-
cation system. 
‘‘(iv) REGULATIONS.—The Commis-
sioner shall promulgate regulations to en-
sure fair, secure, and equitable access to 
data reports and queries under this para-
graph. 
‘‘(B) DISCLOSURE LIMITATIONS.—In car-
rying out the public reporting and disclosure re-
quirements of this subsection, the Commis-
sioner shall use appropriate statistical disclo-
sure limitation techniques necessary to ensure 
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that the data released to the public cannot in-
clude personally identifiable information or be 
used to identify specific individuals. 
‘‘(C) SALE OF DATA PROHIBITED.—Data 
collected under this subsection, including the 
public-use data set and data comprising the 
summary aggregate information available under 
paragraph (4), shall not be sold to any third 
party by the Commissioner, including any insti-
tution of higher education or any other entity. 
‘‘(D) LIMITATION ON USE BY OTHER FED-
ERAL AGENCIES.— 
‘‘(i) IN GENERAL.—The Commissioner 
shall not allow any other Federal agency to 
use data collected under this subsection for 
any purpose except— 
‘‘(I) for vetted research and eval-
uation conducted by the other Federal 
agency, as described in subparagraph 
(A)(i); or 
‘‘(II) for a purpose explicitly au-
thorized by this subsection. 
‘‘(ii) PROHIBITION ON LIMITATION OF 
SERVICES.—The Secretary, or the head of 
any other Federal agency, shall not use 
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data collected under this subsection to 
limit services to students. 
‘‘(E) 
LAW
ENFORCEMENT.—Personally 
identifiable information collected under this 
subsection shall not be used for any Federal, 
State, or local law enforcement activity or any 
other activity that would result in adverse ac-
tion against any student or a student’s family, 
including debt collection activity or enforcement 
of immigration laws. 
‘‘(F) LIMITATION OF USE FOR FEDERAL 
RANKINGS OR SUMMATIVE RATING SYSTEM.— 
The comprehensive data collection and analysis 
necessary for the postsecondary student data 
system under this subsection shall not be used 
by the Secretary or any Federal entity to estab-
lish any Federal ranking system of institutions 
of higher education or a system that results in 
a summative Federal rating of institutions of 
higher education. 
‘‘(G) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed to prevent 
the use of individual categories of aggregate in-
formation to be used for accountability pur-
poses. 
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‘‘(H) RULE OF CONSTRUCTION REGARDING 
COMMERCIAL USE OF DATA.—Nothing in this 
paragraph shall be construed to prohibit third- 
party entities from using publicly available in-
formation in this data system for commercial 
use. 
‘‘(6) SUBMISSION OF DATA.— 
‘‘(A) REQUIRED SUBMISSION.—Each insti-
tution of higher education participating in a 
program under title IV, or the assigned agent 
of such institution, shall, in accordance with 
section 487(a)(17), collect, and submit to the 
Commissioner, the data requested by the Com-
missioner to carry out this subsection. 
‘‘(B) VOLUNTARY SUBMISSION.—Any post-
secondary institution not participating in a pro-
gram under title IV may voluntarily participate 
in the postsecondary student data system under 
this subsection by collecting and submitting 
data to the Commissioner, as the Commissioner 
may request to carry out this subsection. 
‘‘(C) PERSONALLY
IDENTIFIABLE
INFOR-
MATION.—In 
accordance 
with 
paragraph 
(2)(C)(i), if the submission of an element of 
student-level data is prohibited under para-
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graph (2)(F) (or otherwise prohibited by law), 
the institution of higher education shall submit 
that data to the Commissioner in the aggregate. 
‘‘(7) UNLAWFUL WILLFUL DISCLOSURE.— 
‘‘(A) IN GENERAL.—It shall be unlawful 
for any person who obtains or has access to 
personally identifiable information in connection 
with the postsecondary student data system de-
scribed in this subsection to willfully disclose to 
any person (except as authorized by Federal 
law) such personally identifiable information. 
‘‘(B) PENALTY.—Any person who violates 
subparagraph (A) shall be subject to a penalty 
described under section 513 of the Confidential 
Information Protection and Statistical Effi-
ciency Act of 2002 (44 U.S.C. 3501 note) and 
section 183(d)(6) of the Education Sciences Re-
form Act of 2002 (20 U.S.C. 9573(d)(6)). 
‘‘(C) EMPLOYEE
OF
OFFICER
OF
THE 
UNITED
STATES.—If a violation of subpara-
graph (A) is committed by any officer or em-
ployee of the United States, the officer or em-
ployee shall be dismissed from office or dis-
charged from employment upon conviction for 
the violation. 
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the standards of National Center for Education 
Statistics. 
‘‘(9) DATA
COLLECTION.—The Commissioner 
shall ensure that data collection, maintenance, and 
use under this subsection complies with section 552a 
of title 5, United States Code. 
‘‘(10) DEFINITIONS.—In this subsection: 
‘‘(A) 
INSTITUTION
OF
HIGHER
EDU-
CATION.—The term ‘institution of higher edu-
cation’ has the meaning given the term in sec-
tion 102. 
‘‘(B) PERSONALLY IDENTIFIABLE INFOR-
MATION.—The term ‘personally identifiable in-
formation’ has the meaning given the term in 
section 444 of the General Education Provi-
sions Act (20 U.S.C. 1232g).’’. 
(b) EFFECTIVE DATE; TRANSITION PROVISIONS.— 
(1) EFFECTIVE DATE.—This section, and the 
amendments made by this section, shall take effect 
on the date that is 4 years after the date of enact-
ment of this section. 
(2) IN GENERAL.—The Secretary of Education 
and the Commissioner for Education Statistics shall 
take such steps as are necessary to ensure that the 
transition to, and implementation of, the postsec-
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ondary student data system required under section 
132(l) of the Higher Education Act of 1965, as 
added by this section, is carried out in a manner 
that reduces the reporting burden for entities that 
reported into the Integrated Postsecondary Edu-
cation Data System (IPEDS). 
SEC. 1023. AVOIDING DUPLICATIVE REPORTING. 
Section 132 of the Higher Education Act of 1965 (20 
U.S.C. 1015a), as amended by section 1022, is further 
amended by adding at the end the following: 
‘‘(n) AVOIDING DUPLICATIVE REPORTING.—If the 
Secretary determines that the same reporting or collection 
of data that is required under subsection (l) is required 
by another reporting or collection of data requirement 
under this Act (other than under subsection (l)), the Sec-
retary may— 
‘‘(1) use the data reported or collected under 
subsection (l); and 
‘‘(2) waive the other reporting or collection of 
data requirement.’’. 
SEC. 1024. TEXTBOOK INFORMATION. 
Section 133 of the Higher Education Act of 1965 (20 
U.S.C. 1015b) is amended— 
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(1) in subsection (a), by striking ‘‘identify ways 
to decrease’’ and inserting ‘‘identify and adopt inno-
vative tools to decrease’’; 
(2) in subsection (b)(9)— 
(A) by striking ‘‘to accompany a’’ and in-
serting ‘‘to accompany or support a’’ in the 
matter preceding subparagraph (A); and 
(B) in subparagraph (A), by striking ‘‘ma-
terials, computer disks, website access’’ and in-
serting ‘‘materials, online and digital learning 
platforms and materials, website access’’; 
(3) in subsection (c)(1)(D)(i), by striking ‘‘pa-
perback, and unbound’’ and inserting ‘‘paperback, 
digital, and unbound’’; and 
(4) in subsection (f)— 
(A) in paragraph (1), by inserting ‘‘access-
ing lower-cost digital course materials and dig-
ital textbooks,’’ after ‘‘programs for’’; and 
(B) in paragraph (3), by inserting ‘‘, such 
as inclusive access programs, subscription mod-
els, or digital content distribution platforms’’ 
after ‘‘delivery programs’’. 
SEC. 1025. REPEALS. 
Sections 134 and 136 of the Higher Education Act 
of 1965 (20 U.S.C. 1015c) are repealed. 
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SEC. 1026. IN-STATE TUITION RATES FOR HOMELESS 
YOUTH AND FOSTER CARE YOUTH. 
Section 135 of the Higher Education Act of 1965 (20 
U.S.C. 1015d) is amended— 
(1) in the section heading, by inserting ‘‘, 
HOMELESS YOUTH, AND FOSTER CARE YOUTH’’ 
after ‘‘CHILDREN’’; 
(2) in subsection (a)— 
(A) by striking ‘‘(a) REQUIREMENT.—In 
the case’’ and inserting the following: 
‘‘(a) REQUIREMENT.— 
‘‘(1) ARMED FORCES.—In the case’’; and 
(B) by adding at the end the following: 
‘‘(2) HOMELESS
YOUTH
AND
FOSTER
CARE 
YOUTH.—In the case of a homeless youth or a foster 
care youth, such State shall not charge such indi-
vidual tuition for attendance at a public institution 
of higher education in the State at a rate that is 
greater than the rate charged for residents of the 
State.’’; and 
(3) by striking subsections (c) and (d) and in-
serting the following: 
‘‘(c) EFFECTIVE DATE.— 
‘‘(1) ARMED FORCES.—With respect to an indi-
vidual described in subsection (a)(1), this section 
shall remain in effect as it was in effect on the day 
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before the date of enactment of the College Afford-
ability Act. 
‘‘(2) HOMELESS
YOUTH
AND
FOSTER
CARE 
YOUTH.—With respect to an individual described in 
subsection (a)(2), this section shall take effect at 
each public institution of higher education in a State 
that receives assistance under this Act for the first 
period of enrollment at such institution that begins 
during the first full award year following the date of 
enactment of the College Affordability Act. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) ARMED
FORCES.—The terms ‘armed 
forces’ and ‘active duty for a period of more than 30 
days’ have the meanings given those terms in section 
101 of title 10, United States Code. 
‘‘(2) HOMELESS YOUTH.—The term ‘homeless 
youth’ has the meaning given the term ‘homeless 
children and youths’ in section 725 of the McKin-
ney-Vento Homeless Assistance Act (42 U.S.C. 
11434a).’’. 
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PART D—ADMINISTRATIVE PROVISIONS FOR 
DELIVERY OF STUDENT FINANCIAL ASSISTANCE 
SEC. 1031. IMPROVEMENTS TO THE FEDERAL STUDENT AID 
OFFICE. 
Section 141 of the Higher Education Act of 1965 (20 
U.S.C. 1018) is amended— 
(1) in subsection (a), by amending paragraph 
(2) to read as follows: 
‘‘(2) PURPOSES.—The purposes of the PBO are 
as follows: 
‘‘(A) To prioritize students and borrowers 
in the decision-making processes related to all 
aspects of the management and administration 
of the Federal student financial assistance pro-
grams authorized under title IV. 
‘‘(B) To improve service to students and 
other participants in the Federal student finan-
cial assistance programs authorized under title 
IV. 
‘‘(C) To make such programs more under-
standable to students and their families. 
‘‘(D) To increase the efficiency and effec-
tiveness of such programs for students and 
their families. 
‘‘(E) To manage the costs of administering 
such programs. 
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‘‘(F) To increase the accountability of the 
officials responsible for administering the oper-
ational aspects of such programs. 
‘‘(G) To oversee institutions, contractors, 
and third party servicers that participate in the 
Federal student financial assistance programs 
authorized under title IV. 
‘‘(H) To provide greater flexibility in the 
management and administration of such pro-
grams. 
‘‘(I) To implement open, common, inte-
grated systems for the delivery of Federal stu-
dent financial assistance programs authorized 
under title IV. 
‘‘(J) To develop and maintain a student fi-
nancial assistance system that contains com-
plete, accurate, and timely data to ensure pro-
gram integrity. 
‘‘(K) To increase transparency in the oper-
ations and outcomes of Federal student finan-
cial assistance programs authorized under title 
IV.’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
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(i) by redesignating subparagraphs 
(B) and (C) as subparagraphs (C) and 
(D), respectively; and 
(ii) by inserting after subparagraph 
(A) the following: 
‘‘(B) implement oversight and account-
ability measures to ensure that the PBO carries 
out its duties under this section efficiently, ef-
fectively, and in a manner that accomplishes 
the purposes specified in subsection (a)(2);’’; 
(B) in paragraph (2)(A)— 
(i) 
by 
redesignating 
clauses 
(ii) 
through (vi) as clauses (iii) through (vii); 
(ii) by inserting after clause (i) the 
following: 
‘‘(ii) in accordance with paragraph 
(3), the collection, publication, and sharing 
of aggregate and longitudinal data that 
may be used to evaluate Federal student 
financial assistance programs authorized 
under title IV, including the outcomes such 
programs achieve;’’; and 
(iii) in clause (vii), as so redesignated, 
by inserting ‘‘, including oversight of insti-
tutions, 
contractors, 
and 
third 
party 
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servicers that participate in such pro-
grams’’ after ‘‘title IV’’ ; 
(C) 
by 
redesignating 
paragraphs 
(3) 
through (6) as paragraphs (4) through (7), re-
spectively; and 
(D) by inserting after paragraph (2) the 
following: 
‘‘(3) COLLECTION, SHARING, AND PUBLICATION 
OF DATA.— 
‘‘(A) COLLECTION.—The PBO shall collect 
student-level data that shall be used to evaluate 
Federal student financial assistance programs 
authorized under title IV. 
‘‘(B) SHARING
WITH
NCES.—The PBO 
shall make the data collected under subpara-
graph (A) available to the Commissioner of the 
National Center for Education Statistics for 
purposes of research and policy analysis. 
‘‘(C) RESEARCH.—The Commissioner of 
the National Center for Education Statistics 
shall ensure the data shared under subpara-
graph (B) is made available, with direct identi-
fiers removed and with appropriate restrictions 
to ensure data privacy and security, for vetted 
research and evaluation purposes in a manner 
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consistent with the process under section 
132(l)(5)(A)(i). 
‘‘(D) PUBLICATION.— 
‘‘(i) IN
GENERAL.—Not less fre-
quently than once annually, and subject to 
clause (ii), the PBO shall make the data 
collected under subparagraph (A) available 
on a publicly accessible website of the De-
partment of Education in a format that 
enables members of the public to easily re-
trieve, sort, and analyze the data. 
‘‘(ii) 
PRIVACY
PROTECTIONS.—The 
data made available under clause (i) shall 
not include— 
‘‘(I) student-level data; or 
‘‘(II) any data that would reveal 
personally 
identifiable 
information 
about an individual student.’’. 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) PERFORMANCE PLAN, REPORT, AND BRIEF-
ING.— 
‘‘(1) PERFORMANCE PLAN.— 
‘‘(A) IN
GENERAL.—Not later than one 
year after the date of the enactment of the Col-
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lege Affordability Act, and not less than once 
every five years thereafter, the Secretary and 
Chief Operating Officer shall agree on a per-
formance plan for the PBO for the succeeding 
5 years that— 
‘‘(i) establishes measurable quan-
titative and qualitative goals and objectives 
for the organization; and 
‘‘(ii) aligns such goals and objectives 
with the purposes specified in subsection 
(a)(2). 
‘‘(B) CONSULTATION.—In developing the 
five-year performance plan and any revision to 
the plan, the Secretary and the Chief Operating 
Officer shall consult with students, institutions, 
Congress, contractors, the Borrower Advocate, 
student aid experts, including consumer advo-
cacy and research groups, the Director of the 
Bureau of Consumer Financial Protection, 
State attorneys general, and other relevant par-
ties. 
‘‘(C) 
REVISIONS.—The 
Secretary 
and 
Chief Operating Officer may annually update 
the plan under paragraph (1) to incorporate the 
recommendations made pursuant to the con-
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sultation required under subparagraph (B) that 
are accepted by the Secretary and the Chief 
Operating Officer. 
‘‘(D) AREAS.—The plan developed under 
subparagraph (A) shall address the responsibil-
ities of the PBO in the following areas: 
‘‘(i) Improving service to students and 
other participants in the Federal student 
financial assistance programs authorized 
under title IV, including making those pro-
grams more understandable and accessible 
to students and their families. 
‘‘(ii) Managing the costs and increas-
ing the efficiency of such programs. 
‘‘(iii) Improving, integrating, and in-
vesting in the systems that support such 
programs. 
‘‘(iv) Developing open, common, and 
integrated systems for such programs. 
‘‘(v) The collection, publication, and 
sharing of data on such programs as de-
scribed in subsection (b)(3). 
‘‘(vi) Improving performance stand-
ards and outcomes with respect to institu-
tions, contractors, and third party servicers 
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that act as agents of the Department or as 
agents of institutions that participate in 
such programs. 
‘‘(vii) Any other areas identified by 
the Secretary. 
‘‘(E) PUBLIC
AVAILABILITY.—Each plan 
developed under subparagraph (A) shall be 
made available on a publicly accessible website 
of the Department of Education. 
‘‘(2) ANNUAL REPORT.— 
‘‘(A) REPORT REQUIRED.—Not later than 
one year after the date of the enactment of the 
College Affordability Act and annually there-
after, the Secretary, acting through the Chief 
Operating Officer, shall submit to Congress an 
annual report on the performance of the PBO. 
‘‘(B) CONTENTS.—The annual report shall 
include the following: 
‘‘(i) An evaluation of the extent to 
which the PBO met the goals and objec-
tives contained in the five-year perform-
ance plan described in paragraph (1) for 
the preceding year. 
‘‘(ii) A summary of the consultation 
process under paragraph (1)(B) for the 
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preceding year, including the recommenda-
tions that were accepted or denied by the 
Chief Operating Officer during such year, 
and the rationale for accepting or denying 
such recommendations. 
‘‘(iii) An independent financial audit 
of the expenditures of both the PBO and 
the programs administered by the PBO. 
‘‘(iv) A summary of the actions taken 
by the PBO to address— 
‘‘(I) the findings of the audit de-
scribed in clause (iii); and 
‘‘(II) consumer feedback. 
‘‘(v) Financial and performance re-
quirements applicable to the PBO under— 
‘‘(I) the Chief Financial Officers 
Act of 1990 (Public Law 101–576); 
or 
‘‘(II) the Government Perform-
ance and Results Act of 1993 (Public 
Law 103–62). 
‘‘(vi) The results achieved by the PBO 
during the preceding year and whether 
such results met the goals specified in the 
performance plan under paragraph (1). 
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‘‘(vii) With respect to the preceding 
year, the evaluation rating of the perform-
ance of the Chief Operating Officer and 
senior managers under subsections (d)(5) 
and (e)(2), including the amounts of bonus 
compensation awarded to the Chief Oper-
ating Officer and senior managers. 
‘‘(viii) Recommendations for legisla-
tive and regulatory changes to improve 
service to students and their families, and 
to improve the efficiency and integrity of 
Federal student financial assistance pro-
grams authorized under title IV. 
‘‘(ix) Financial statements that pro-
vide a rationale for appropriately funding 
the activities of the PBO. 
‘‘(x) A summary of the management 
and compliance of contractors managed by 
the PBO in the preceding year, including 
corrective actions taken by the PBO with 
respect to such contractors. 
‘‘(xi) A description of how the PBO 
used the authority under paragraph (5) of 
subsection (b) for making personnel and 
procurement decisions in the preceding 
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year, including the number of individuals 
hired through such authority and the bo-
nuses provided to staff during such year. 
‘‘(xii) A summary of the oversight ac-
tivities of institutions, contractors, and 
third party servicers that participate in the 
Federal student financial assistance pro-
grams authorized under title IV includ-
ing— 
‘‘(I) fines levied on such institu-
tions, contractors, and third party 
servicers, disaggregated by entity; 
‘‘(II) instances of fraud or mis-
representation by such institutions, 
contractors, or third party servicers; 
and 
‘‘(III) violations of provisions in 
this Act by such institutions, contrac-
tors, 
or 
third 
party 
servicers 
disaggregated by entity and type of 
violation. 
‘‘(xiii) A summary of any improve-
ments made with respect to transparency 
and any new types of data made available 
in the preceding year. 
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‘‘(xiv) A description of the progress 
made in the preceding year towards the 
specific measurable organization and indi-
vidual 
goals 
specified 
in 
subsection 
(d)(5)(A). 
‘‘(xv) The report submitted to the 
Secretary under subsection (f)(7). 
‘‘(xvi) Other such information as the 
Director of the Office of Management and 
Budget shall prescribe for performance 
based organizations. 
‘‘(3) CONSULTATION WITH STAKEHOLDERS.— 
The Chief Operating Officer, in preparing the an-
nual report described in paragraph (2), shall estab-
lish appropriate means to consult with students, bor-
rowers, institutions, student aid experts, including 
consumer advocacy and research groups, the Direc-
tor of the Bureau of Consumer Financial Protection, 
and others involved in the delivery and evaluation of 
student aid under title IV— 
‘‘(A) regarding the degree of satisfaction 
with the delivery system; and 
‘‘(B) to seek suggestions on means to im-
prove the performance of the delivery system. 
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‘‘(4) BRIEFING ON ENFORCEMENT OF PROGRAM 
INTEGRITY.—The Secretary shall, at the request of 
the authorizing committees, provide to the author-
izing committees a briefing on the steps the Depart-
ment of Education has taken to ensure— 
‘‘(A) the experiences of students and bor-
rowers are accounted for in decision making; 
and 
‘‘(B) that contractors, lenders, and guar-
anty agencies and third party servicers are ad-
hering to the requirements of title IV, the terms 
of any contract with the Secretary, consumer 
protection laws, Federal regulations and guide-
lines, and directives of the PBO. 
‘‘(5) COORDINATION WITH THE DIRECTOR OF 
THE
BUREAU
OF
CONSUMER
FINANCIAL
PROTEC-
TION.—Not later than 180 days after the date of the 
enactment of the College Affordability Act, the Sec-
retary shall enter into a memorandum of under-
standing with the Private Education Loan Ombuds-
man in accordance with section 1035(c)(2) of the 
Dodd-Frank Wall Street Reform and Consumer Pro-
tection Act (12 U.S.C. 5535(c)(2)).’’. 
(4) in subsection (d)— 
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(A) in paragraph (1), by striking ‘‘manage-
ment ability’’ and all that follows through the 
period at the end and inserting ‘‘management 
ability, including contractor management, ex-
pertise in the Federal student financial assist-
ance programs authorized under title IV, expe-
rience with financial systems, and knowledge of 
consumer financial protection laws, and without 
regard to political affiliation or activity.’’; 
(B) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (3) through (6); 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) RESTRICTIONS.— 
‘‘(A) PRESERVICE
AND
IN-SERVICE
RE-
STRICTIONS.—An individual may not serve as 
the Chief Operating Officer if such individual— 
‘‘(i) is employed by, or has a financial 
interest in, an entity that contracts with 
the PBO; or 
‘‘(ii) was employed by, or had a finan-
cial interest in, any such entity in any of 
the five years preceding the date of the in-
dividual’s appointment as the Chief Oper-
ating Officer. 
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‘‘(B) POSTSERVICE
RESTRICTIONS.—An 
individual who served as the Chief Operating 
Officer may not accept employment with an en-
tity that contracts with the PBO until a period 
of five years has elapsed following the date on 
which such individual’s service as the Chief Op-
erating Officer terminated.’’; 
(D) in paragraph (5), as so redesignated— 
(i) in subparagraph (A)— 
(I) by inserting ‘‘specific’’ before 
‘‘measurable’’; and 
(II) by inserting ‘‘and metrics 
used to measure progress toward such 
goals’’ before the period; and 
(ii) in subparagraph (B), by inserting 
‘‘on the website of the Department’’ before 
the period; and 
(E) in paragraph (6), as so redesignated, 
by amending subparagraph (B) to read as fol-
lows: 
‘‘(B) BONUS AUTHORIZED.—The Secretary 
may pay to the Chief Operating Officer a bonus 
in an amount that does not exceed 50 percent 
of such annual rate of basic pay. The decision 
to pay such a bonus, and the amount of the 
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bonus, shall be based solely on the Secretary’s 
evaluation of the performance of the Chief Op-
erating Officer with respect to the goals set 
forth in the performance agreement as de-
scribed in paragraph (5)(A).’’; 
(5) in subsection (e)(2), by striking ‘‘organiza-
tion and individual goals’’ and inserting ‘‘specific, 
measurable organization and individual goals and 
the metrics used to measure progress toward such 
goals. Performance agreements for senior manage-
ment responsible for procurement shall include 
metrics that measure ability to oversee contractors.’’; 
(6) by amending subsection (f) to read as fol-
lows: 
‘‘(f) BORROWER ADVOCATE.— 
‘‘(1) IN GENERAL.—There is established in the 
PBO an ‘Office of the Borrower Advocate’ (referred 
to in this subsection as the ‘Office’). The function of 
the Office shall be to provide timely assistance to 
borrowers of loans made, insured, or guaranteed 
under title IV by performing the duties described in 
paragraph (6). 
‘‘(2) HEAD OF OFFICE.—There shall be an offi-
cial known as the ‘Borrower Advocate’ who shall 
serve as the head of the Office. The Borrower Advo-
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cate shall be appointed by the Secretary from among 
individuals who have worked closely with the Federal 
student loan programs authorized under title IV. 
‘‘(3) REMOVAL.—The Borrower Advocate may 
be removed only by the Secretary who shall commu-
nicate the reasons for any such removal to the au-
thorizing committees. 
‘‘(4) RESTRICTIONS.— 
‘‘(A) PRESERVICE
AND
IN-SERVICE
RE-
STRICTIONS.—An individual may not serve as 
the Borrower Advocate if such individual— 
‘‘(i) is employed by, or has a financial 
interest in, an entity that contracts with 
the PBO; or 
‘‘(ii) was employed by, or had a finan-
cial interest in, any such entity in any of 
the five years preceding the date of the in-
dividual’s appointment as the Borrower 
Advocate. 
‘‘(B) POSTSERVICE
RESTRICTIONS.—An 
individual who served as the Borrower Advocate 
may not accept employment with an entity that 
contracts with the PBO until a period of five 
years has elapsed following the date on which 
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such individual’s service as the Borrower Advo-
cate terminated. 
‘‘(5) STAFF.—The Office shall be staffed suffi-
ciently to carry out the responsibilities of the Office 
under this subsection. 
‘‘(6) DUTIES OF THE BORROWER ADVOCATE.— 
The Office of the Borrower Advocate shall— 
‘‘(A) assist borrowers of loans made, in-
sured, or guaranteed under title IV in resolving 
problems with the PBO and its contractors or 
other agents, including by— 
‘‘(i) receiving and reviewing com-
plaints of such problems from borrowers; 
‘‘(ii) working to resolve such com-
plaints in a manner that is in the best in-
terests of borrowers; and 
‘‘(iii) transmitting such complaints to 
States and recognized accrediting agencies 
or associations, as appropriate. 
‘‘(B) attempt to resolve complaints within 
the Department of Education and with institu-
tions of higher education, lenders, guaranty 
agencies, loan servicers, and other participants 
in the Federal student loan programs author-
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ized under title IV in a manner that will im-
prove the experience of the borrower; 
‘‘(C) conduct impartial reviews regarding a 
student’s independence under subparagraph (B) 
or (H) of section 480(d)(1), in consultation 
with knowledgeable parties, including institu-
tions of higher education, child welfare agen-
cies, local educational agency liaisons for home-
less 
individuals 
designated 
under 
section 
722(g)(1)(J)(ii) of the McKinney-Vento Home-
less 
Assistance 
Act 
(42 
U.S.C. 
11432(g)(1)(J)(ii)), or State Coordinators for 
Education of Homeless Children and Youth es-
tablished in accordance with section 722 of 
such Act (42 U.S.C. 11432); 
‘‘(D) compile and analyze data on bor-
rower complaints and share such data with the 
Director of the Bureau of Consumer Financial 
Protection; 
‘‘(E) publish, with any personally identifi-
able information redacted, such complaints and 
responses of the Secretary to such complaints 
on the website of the Department; and 
‘‘(F) make appropriate recommendations 
to Congress, the Chief Operating Officer, and 
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Secretary with respect to Federal student loan 
programs authorized under title IV and the ex-
periences of borrowers in repayment of loans 
under such programs. 
‘‘(7) PUBLIC INFORMATION.—The Chief Oper-
ating Officer shall establish and maintain a public 
page on the website of the Department of Education 
exclusively to provide members of the public with in-
formation about the role of the PBO with respect to 
the oversight of institutions of higher education, 
lenders, guaranty agencies, contractors that contract 
with the PBO, subcontractors of such contractors, 
and third party servicers. 
‘‘(8) REPORT.—On an annual basis, the Bor-
rower Advocate shall submit to the Chief Operating 
Officer a report on the activities of the Office during 
the preceding year that— 
‘‘(A) identifies the activities carried out by 
the Borrower Advocate; 
‘‘(B) summarizes the complaints received 
from borrowers, including the number of such 
complaints, and explains the activities under-
taken by the PBO to address such complaints; 
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‘‘(C) proposes changes in the administra-
tive practices of the PBO to mitigate problems 
experienced by borrowers; and 
‘‘(D) identifies potential legislative changes 
which may be appropriate to mitigate such 
problems.’’; 
(7) by redesignating subsection (i) as subsection 
(k); and 
(8) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) ENFORCEMENT UNIT.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the College Afford-
ability Act, the Secretary shall establish within the 
PBO an enforcement unit (referred to in this section 
as the ‘Unit’) to review and investigate violations of 
this Act and recommend enforcement actions in ac-
cordance with paragraph (3). 
‘‘(2) CHIEF ENFORCEMENT OFFICER.— 
‘‘(A) APPOINTMENT.—The Secretary shall 
appoint an official to be known as the ‘Chief 
Enforcement Officer’ who shall serve as the 
head of the Unit. The Secretary shall appoint 
an individual to serve as the Chief Enforcement 
Officer solely on the basis of such individual’s 
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integrity and expertise in law and investigations 
and without regard to such individual’s political 
affiliation. 
‘‘(B) AUTHORITY.—The Chief Enforce-
ment Officer shall report directly to the Sec-
retary without being required to report through 
any other official of the Department of Edu-
cation. 
‘‘(C) TERM.—The Chief Enforcement Offi-
cer shall be appointed for a term of 6 years and 
may be reappointed for additional terms of 6 
years at the discretion of the Secretary. 
‘‘(D) REMOVAL.— 
‘‘(i) IN
GENERAL.—The Chief En-
forcement Officer may not be removed dur-
ing the Officer’s term except for cause. 
‘‘(ii) NOTICE TO CONGRESS.—If the 
Secretary removes the Chief Enforcement 
Officer before the expiration of the Offi-
cer’s term, the Secretary shall submit to 
the authorizing committees a report that 
explains the reasons for such removal. The 
report shall be submitted to the author-
izing committees not later than 30 days 
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after the date on which the removal takes 
effect. 
‘‘(3) DUTIES.—The Chief Enforcement Officer 
shall have the following duties: 
‘‘(A) Receive, process, and analyze allega-
tions that a covered entity has violated Federal 
law or has engaged in unfair, deceptive, or abu-
sive practices. 
‘‘(B) Review and investigate such allega-
tions or refer such allegations to an entity de-
scribed in subparagraphs (A) through (E) of 
paragraph (6). 
‘‘(C) After reviewing and investigating an 
allegation under subparagraph (B), in consulta-
tion with the Chief Operating Officer— 
‘‘(i) if the covered entity subject to 
such allegation is an entity described in 
clause (i) or (iii) of paragraph (8)(A), 
make recommendations with respect to 
such covered entity, including— 
‘‘(I) whether such covered entity 
should be limited, suspended, or ter-
minated from participation in one or 
more programs under title IV; 
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‘‘(II) whether such covered entity 
should be subject to an emergency ac-
tion under section 487(c)(1)(G); 
‘‘(III) whether such covered enti-
ty should be subject to a civil penalty 
described in section 487(c)(3)(B); 
‘‘(IV) whether such covered enti-
ty should be subject to a criminal pen-
alty described in section 490; or 
‘‘(V) whether such covered entity 
should be subject to a combination of 
any of the actions described in sub-
clauses (I) though (IV); 
‘‘(ii) if the covered entity subject to 
such allegation is an entity described in 
clause (ii) of paragraph (8)(A), make rec-
ommendations with respect to such covered 
entity, including whether such covered en-
tity should be limited, suspended, or termi-
nated from administering or providing 
services with respect to one or more pro-
grams under title IV; and 
‘‘(iii) provide the Secretary with such 
recommendations. 
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‘‘(4) SECRETARIAL
REVIEW
AND
ACTION.— 
After receiving notice of a determination of the Chief 
Enforcement Officer under paragraph (3)(C), the 
Secretary shall decide whether or not to pursue en-
forcement action against the entity concerned, in ac-
cordance with the procedures established under sec-
tion 487(c)(3). In a case in which the Chief Enforce-
ment 
Officer 
recommends 
enforcement 
action 
against an entity, but the Secretary decides not to 
pursue such enforcement action, the Secretary shall 
notify the Chief Enforcement Officer, in writing, of 
the rationale for such decision. 
‘‘(5) 
COORDINATION
AND
STAFFING.—The 
Chief Enforcement Officer shall— 
‘‘(A) coordinate with relevant Federal and 
State agencies and oversight bodies; and 
‘‘(B) hire staff with the expertise necessary 
to conduct investigations, respond to allegations 
against covered entities, and enforce compliance 
with laws governing Federal student financial 
assistance programs under title IV. 
‘‘(6) INFORMATION SHARING.—The Chief En-
forcement Officer shall develop and implement a 
process for sharing relevant information about alle-
gations against covered entities with— 
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‘‘(A) the Borrower Advocate appointed 
under subsection (f); 
‘‘(B) personnel of the Department respon-
sible for processing borrower defense claims 
submitted under section 493H; 
‘‘(C) other relevant Federal agencies; 
‘‘(D) States, including State law enforce-
ment and regulatory agencies; and 
‘‘(E) recognized accrediting agencies or as-
sociations. 
‘‘(7) REPORT
TO
CONGRESS.—On an annual 
basis, the Chief Enforcement Officer shall submit to 
the authorizing committees a report that includes— 
‘‘(A) the number of allegations about cov-
ered entities received by Unit in the year cov-
ered by the report; 
‘‘(B) the number of such allegations inves-
tigated by the Unit; 
‘‘(C) the number of such allegations that 
were referred to the Secretary under paragraph 
(3)(C) and a summary of any action taken by 
the Secretary with respect to such allegations; 
‘‘(D) the number of such allegations that 
were referred to other Federal agencies and the 
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names of the agencies to which the allegations 
were referred; and 
‘‘(E) the number of such allegations that 
remain under review or investigation as of the 
date of the report. 
‘‘(8) DEFINITIONS.—In this subsection: 
‘‘(A) COVERED
ENTITY.—In this sub-
section, the term ‘covered entity’ means— 
‘‘(i) an institution of higher education 
(as defined in section 102) that partici-
pates in the Federal student financial as-
sistance programs authorized under title 
IV; 
‘‘(ii) a contractor that contracts with 
the PBO to provide services relating to 
such programs, or a subcontractor of such 
contractor; or 
‘‘(iii) a third party servicer. 
‘‘(B) THIRD PARTY SERVICER.—the term 
‘third party servicer’ has the meaning given 
that term in section 481(c).’’. 
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TITLE II—TEACHER QUALITY 
ENHANCEMENT 
PART A—TEACHER AND SCHOOL LEADER 
QUALITY PARTNERSHIP GRANTS 
SEC. 2001. DEFINITIONS. 
Section 200 of the Higher Education Act of 1965 (20 
U.S.C. 1021) is amended to read as follows: 
‘‘SEC. 200. DEFINITIONS. 
‘‘Except as otherwise provided, in this title: 
‘‘(1) ARTS AND SCIENCES.—The term ‘arts and 
sciences’ means— 
‘‘(A) when referring to an organizational 
unit of an institution of higher education, any 
academic unit that offers one or more academic 
majors in disciplines or content areas cor-
responding to the academic subject matter 
areas in which teachers provide instruction; and 
‘‘(B) when referring to a specific academic 
subject area, the disciplines or content areas in 
which academic majors are offered by the arts 
and sciences organizational unit. 
‘‘(2) BLENDED LEARNING.—The term ‘blended 
learning’ has the meaning given the term in section 
4102 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7112). 
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100 
‘‘(3) CHILDREN
FROM
LOW-INCOME
FAMI-
LIES.—The term ‘children from low-income families’ 
means children described in section 1124(c)(1)(A) of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6333(c)(1)(A)). 
‘‘(4) 
COMPREHENSIVE
LITERACY
INSTRUC-
TION.—The term ‘comprehensive literacy instruc-
tion’ has the meaning given the term in section 
2221(b)(1) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6641(b)(1)). 
‘‘(5) DIGITAL
LEARNING.—The term ‘digital 
learning’ has the meaning given the term in section 
4102 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7112). 
‘‘(6) DIVERSE
TEACHER
CANDIDATES.—The 
term ‘diverse teacher candidates’ means teacher can-
didates who are— 
‘‘(A) members of racial and ethnic groups 
underrepresented in the teaching profession; or 
‘‘(B) linguistically and culturally prepared 
to educate students in high-need schools. 
‘‘(7) 
EARLY
CHILDHOOD
EDUCATOR.—The 
term ‘early childhood educator’ means an individual 
with primary responsibility for the education of chil-
dren in an early childhood education program. 
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101 
‘‘(8) EDUCATIONAL
SERVICE
AGENCY.—The 
term ‘educational service agency’ has the meaning 
given the term in section 8101 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
7801). 
‘‘(9) EDUCATOR.—The term ‘educator’ means a 
teacher, principal or other school leader, specialized 
instructional support personnel, or other staff mem-
ber who provides or directly supports instruction, 
such as a school librarian, counselor, or paraprofes-
sional. 
‘‘(10) ELIGIBLE PARTNERSHIP.—The term ‘eli-
gible partnership’ means an entity— 
‘‘(A) that— 
‘‘(i) shall include— 
‘‘(I) a high-need local educational 
agency; 
‘‘(II)(aa) a high-need school or a 
consortium 
of 
high-need 
schools 
served by such high-need local edu-
cational agency; or 
‘‘(bb) as applicable, a high-need 
early childhood education program; 
‘‘(III) a partner institution; 
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102 
‘‘(IV) a school, department, or 
program of education within such 
partner institution, which may include 
an existing teacher professional devel-
opment program with proven out-
comes within a four-year institution of 
higher education that provides inten-
sive and sustained collaboration be-
tween faculty and local educational 
agencies consistent with the require-
ments of this title; and 
‘‘(V) a school or department of 
arts and sciences within such partner 
institution; or 
‘‘(ii) shall include— 
‘‘(I)(aa) a partner education in-
stitution; 
‘‘(bb) a school, department, or 
program of education within such 
partner institution, which may include 
an existing teacher professional devel-
opment program with proven out-
comes within a four-year institution of 
higher education that provides inten-
sive and sustained collaboration be-
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103 
tween faculty and local educational 
agencies consistent with the require-
ments of this title; or 
‘‘(cc) a school or department of 
arts and sciences within such partner 
institution; and 
‘‘(II) a State educational agency 
that will serve to place graduates of 
partnership programs into high-need 
local educational agencies, schools, or 
early childhood programs, or schools 
that have been identified for com-
prehensive support and improvement 
under section 1111(d)(2) of the Ele-
mentary and Secondary Education 
Act of 1965 (20 U.S.C. 6311(d)(2)); 
and 
‘‘(B) that may include any of the following: 
‘‘(i) The Governor of the State. 
‘‘(ii) The State educational agency. 
‘‘(iii) The State board of education. 
‘‘(iv) The State agency for higher edu-
cation. 
‘‘(v) A public or private nonprofit edu-
cational organization. 
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104 
‘‘(vi) An educational service agency. 
‘‘(vii) A public school teacher, prin-
cipal, or school leader organization. 
‘‘(viii) A high-performing local edu-
cational agency, or a consortium of such 
local educational agencies, that can serve 
as a resource to the partnership. 
‘‘(ix) A charter school (as defined in 
section 4310 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7221i)). 
‘‘(x) A school or department within 
the partner institution that focuses on psy-
chology and human development. 
‘‘(xi) A school or department within 
the partner institution for teacher or 
school leader preparation with comparable 
expertise in the disciplines of teaching, 
learning, and child and adolescent develop-
ment. 
‘‘(xii) An entity operating a program 
that provides alternative routes to State 
certification of teachers or principals. 
‘‘(11) ENGLISH LEARNER.—The term ‘English 
learner’ has the meaning given the term in section 
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105 
8101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801). 
‘‘(12) EVIDENCE-BASED.—The term ‘evidence- 
based’ has the meaning given the term in subclauses 
(I) and (II) of section 8101(21)(A)(i) of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 7801(21)(A)). 
‘‘(13) EVIDENCE OF STUDENT LEARNING.—The 
term ‘evidence of student learning’ means multiple 
measures of student learning that include the fol-
lowing: 
‘‘(A) Valid and reliable student assessment 
data, which may include data— 
‘‘(i) on student learning gains on 
statewide academic assessments under sec-
tion 1111(b)(2) of the Elementary and 
Secondary Education Act of 1965; 
‘‘(ii) from student academic achieve-
ment assessments used at the national, 
State, or local levels, where available and 
appropriate for the curriculum and stu-
dents taught; 
‘‘(iii) from classroom-based summative 
assessments; and 
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106 
‘‘(iv) from high quality validated per-
formance-based 
assessments 
that 
are 
aligned with challenging State academic 
standards 
adopted 
under 
section 
1111(b)(1) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
6311(b)(1)). 
‘‘(B) Not less than one of the following ad-
ditional measures: 
‘‘(i) Student work, including measures 
of performance criteria and evidence of 
student growth. 
‘‘(ii) Teacher-generated information 
about student goals and growth. 
‘‘(iii) Parental feedback about student 
goals and growth. 
‘‘(iv) Student feedback about learning 
and teaching supports. 
‘‘(v) Assessments of affective engage-
ment and self-efficacy. 
‘‘(vi) Other appropriate measures, as 
determined by the State. 
‘‘(14) FOSTER CARE.— 
‘‘(A) IN GENERAL.—The term ‘foster care’ 
means 24-hour substitute care for a child 
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107 
placed away from the child’s parents or guard-
ians and for whom the State agency has place-
ment and care responsibility. The term includes 
care through a placement in a foster family 
home, a foster home of a relative, a group 
home, an emergency shelter, a residential facil-
ity, a child care institution, or a pre-adoptive 
home. 
‘‘(B) RULE.—A child shall be considered 
to be in foster care under subparagraph (A) 
without regard to whether— 
‘‘(i) the foster care facility is licensed 
and payments are made by the State or 
local agency for the care of the child; 
‘‘(ii) adoption subsidy payments are 
being made prior to the finalization of an 
adoption; or 
‘‘(iii) Federal matching funds for any 
payments described in clause (i) or (ii) are 
being made. 
‘‘(15) HIGH-NEED
EARLY
CHILDHOOD
EDU-
CATION PROGRAM.—The term ‘high-need early child-
hood education program’ means an early childhood 
education program serving children from low-income 
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families that is located within the geographic area 
served by a high-need local educational agency. 
‘‘(16) HIGH-NEED LOCAL EDUCATIONAL AGEN-
CY.—The term ‘high-need local educational agency’ 
means a local educational agency— 
‘‘(A)(i) that serves not fewer than 10,000 
low-income children; 
‘‘(ii) for which not less than 40 percent of 
the children served by the agency are low-in-
come children; 
‘‘(iii) that meets the eligibility require-
ments for funding under the Small, Rural 
School Achievement Program under section 
5211(b) of the Elementary and Secondary Edu-
cation Act of 1965 or the Rural and Low-In-
come School Program under section 6221(b) of 
such Act; or 
‘‘(iv) that has a percentage of low-income 
children that is in the highest quartile among 
such agencies in the State; and 
‘‘(B)(i) for which one or more schools 
served by the agency is identified by the State 
for comprehensive supports and interventions 
under section 1111(c)(4)(D)(i) of the Elemen-
tary and Secondary Education Act of 1965; or 
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‘‘(ii) for which one or more schools served 
by the agency has a high teacher turnover rate 
or is experiencing a teacher shortage in a high- 
needs field, as determined by the State. 
‘‘(17) HIGH-NEED SCHOOL.— 
‘‘(A) IN GENERAL.—The term ‘high-need 
school’ means a school that, based on the most 
recent data available, is— 
‘‘(i) an elementary school, in which 
not less than 60 percent of students are el-
igible for a free or reduced price school 
lunch under the Richard B. Russell Na-
tional School Lunch Act; 
‘‘(ii) any other school that is not an 
elementary school, in which not less than 
45 percent of students are eligible for a 
free or reduced price school lunch under 
the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.); or 
‘‘(iii) identified for comprehensive 
support and improvement under section 
1111(c)(4)(D) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
6311(c)(4)(D)), targeted support and im-
provement under section 1111(d)(2) of 
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