652 
subsection, the contact information for the 
loan servicer of the loan and a link to such 
servicer’s website; and 
‘‘(xiv) an explanation that an indi-
vidual has a right to annually request a 
disclosure of information collected by a 
consumer reporting agency pursuant to 
section 612(a) of the Fair Credit Report-
ing Act (15 U.S.C. 1681j(a)).’’; 
(2) in paragraph (1)(B)— 
(A) by inserting ‘‘online or’’ before ‘‘in 
writing’’; and 
(B) by adding before the period at the end 
the following: ‘‘, except that in the case of an 
institution using the online counseling tool de-
scribed in subsection (n)(1)(A), the Secretary 
shall attempt to provide such information to the 
student in the manner described in subsection 
(n)(3)(C)’’; and 
(3) in paragraph (2)(C), by inserting ‘‘, such as 
the online counseling tool described in subsection 
(n)(1)(A),’’ after ‘‘electronic means’’. 
(b) CONFORMING AMENDMENT.—Section 485(d)(1) 
of the Higher Education Act of 1965 (20 U.S.C. 
1092(d)(1)) is amended by striking ‘‘including income- 
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sensitive’’ and all that follows through ‘‘part D’’ and in-
serting ‘‘including, beginning on July 1, 2021, the income- 
based repayment plan under section 493C(f) and the fixed 
repayment plan described in section 493E’’. 
SEC. 4609. CLERY ACT AMENDMENTS. 
(a) DISCLOSURE OF CAMPUS SECURITY POLICY AND 
CAMPUS CRIME STATISTICS.—Section 485(f) of the High-
er Education Act of 1965 (20 U.S.C. 1092(f)) is amend-
ed— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by inserting ‘‘(including on a prominent lo-
cation on the institution’s website)’’ after ‘‘pub-
lish’’; and 
(B) in subparagraph (F)— 
(i) in clause (i), by striking ‘‘and’’ at 
the end; 
(ii) in clause (ii), by striking ‘‘and’’ at 
the end; 
(iii) in clause (iii), by striking the pe-
riod at the end and inserting ‘‘;’’; and 
(iv) by adding at the end the fol-
lowing: 
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‘‘(iv) of harassment incidents that 
were reported to campus security authori-
ties or local police agencies; and 
‘‘(v) of hazing incidents that were re-
ported to campus security authorities or 
local police agencies.’’; and 
(C) by adding at the end the following: 
‘‘(K)(i) Each finding by the institution 
that, during the most recent calendar year, and 
during the 2 preceding calendar years for which 
data are available, a student organization com-
mitted a violation of the institution’s standards 
of conduct, or of Federal, State, or local law, 
relating to hazing, which— 
‘‘(I) shall include— 
‘‘(aa) the name of the stu-
dent organization that committed 
the violation; 
‘‘(bb) a general description 
of the activities that led to the 
violation, the charges, such find-
ings by the institution, and the 
sanctions placed on the organiza-
tion; and 
‘‘(cc) the dates on which— 
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‘‘(AA) the violation was 
alleged to have occurred; 
‘‘(BB) the student or-
ganization was charged with 
misconduct; 
‘‘(CC) the investigation 
was initiated; and 
‘‘(DD) the investigation 
ended with a finding that a 
violation occurred; and 
‘‘(II) may not include— 
‘‘(aa) any information re-
lated to allegations or investiga-
tions of hazing that do not result 
in a formal finding of a violation 
of the standards of conduct of 
the institution or of Federal, 
State or local law; or 
‘‘(bb) any personally identi-
fiable information on any indi-
vidual student or member of a 
student organization. 
‘‘(ii) The anti-hazing policies (includ-
ing the standards of conduct with respect 
to hazing) of the institution, and the 
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changes, if any, that have been made in 
the preceding calendar year with respect to 
such policies, and the justification for such 
changes. 
‘‘(iii) In the case of an allegation that 
a multi-institution student organization 
was involved in a hazing incident, each in-
stitution at which the students involved in 
such allegation are enrolled (or were for-
merly enrolled), including any student who 
was a victim in the alleged incident, shall 
comply with the requirements of this sub-
paragraph.’’; 
(2) in paragraph (6)(A), by adding at the end 
the following: 
‘‘(vi) For purposes of reporting under this 
section, the term ‘harassment’— 
‘‘(I) means unwelcome conduct, of a 
hostile, intimidating, or offensive nature, 
based on a student’s actual or perceived 
race, color, religion, sex (including sexual 
orientation, gender identity, pregnancy, 
childbirth, a medical condition related to 
pregnancy or childbirth, and sex stereo-
type), disability, or national origin, that 
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unreasonably interferes with a student’s 
ability to participate in a program or activ-
ity at an institution of higher education, 
including by creating an intimidating, hos-
tile, or offensive environment; 
‘‘(II) is not limited to physical acts, 
and includes conduct that is verbal or non-
verbal, direct or indirect, undertaken in 
whole or in part through the use of elec-
tronic messaging services, commercial mo-
bile services, electronic communications, or 
other technology, or the placement or dis-
play of hostile or offensive images or ob-
jects based on a protected trait; and 
‘‘(III) includes sexual harassment, 
which is unwelcome conduct of a sexual 
nature, including— 
‘‘(aa) a sexual advance; 
‘‘(bb) a request for sexual favors; 
‘‘(cc) a sexual act, where such 
submission is made either explicitly or 
implicitly a term or condition of a 
program or activity at an institution 
of higher education, regardless of a 
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student’s submission to or rejection of 
such sexual act; 
‘‘(dd) a sexual act, where such 
submission or rejection is used as the 
basis for a decision affecting a term 
or condition of a program or activity 
at an institution of higher education, 
regardless of a student’s submission 
to or rejection of such sexual act; or 
‘‘(ee) other conduct of a sexual 
nature. 
‘‘(vii) The term ‘hazing’ means any inten-
tional, knowing, or reckless act committed by a 
student, or a former student, of an institution 
of higher education, whether individually or in 
concert with other persons, against another stu-
dent, that— 
‘‘(I) was committed in connection with 
an initiation into, an affiliation with, or 
the maintenance of membership in, any 
student organization; and 
‘‘(II) causes, or contributes to a sub-
stantial risk of, physical injury, mental 
harm, or personal degradation. 
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‘‘(viii) The term ‘commercial mobile serv-
ice’ has the meaning given the term in section 
332(d) of the Communications Act of 1934 (47 
U.S.C. 332(d)). 
‘‘(ix) The term ‘electronic communication’ 
means any transfer of signs, signals, writing, 
images, sounds, or data of any nature trans-
mitted in whole or in part by a wire, radio, elec-
tromagnetic, photoelectronic, or photooptical 
system. 
‘‘(x) The term ‘electronic messaging serv-
ices’ has the meaning given the term in section 
102 of the Communications Assistance for Law 
Enforcement Act (47 U.S.C. 1001). 
‘‘(xi) The term ‘multi-institution student 
organization’ means a student organization that 
includes students from more than one institu-
tion of higher education, including city-wide, re-
gional, State, and national chapters of student 
organizations. 
‘‘(xii) The term ‘student organization’ 
means an organization that is officially recog-
nized by or otherwise affiliated with an institu-
tion of higher education and that has a mem-
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bership that is made up primarily of students 
enrolled at such institution.’’; 
(3) in paragraph (7), by inserting after the sec-
ond sentence the following: ‘‘For harassment inci-
dents, such statistics shall be compiled in accordance 
with the definition of that term in paragraph 
(6)(A)(vi). For hazing incidents, such statistics shall 
be compiled in accordance with the definition of that 
term in paragraph (6)(A)(vii).’’; and 
(4) in paragraph (8)— 
(A) by adding ‘‘sexual harassment,’’ after 
‘‘sexual assault,’’ each place it appears; 
(B) in subparagraph (B) in subclause 
(iv)(I)(bb) by striking ‘‘an investigation’’ and 
inserting ‘‘a trauma-informed investigation’’; 
and 
(C) by adding at the end the following: 
‘‘(viii) Written notification of victims 
about institutional policies regarding the 
reimbursement of lost tuition and costs as-
sociated with student loan interest accrual 
related to domestic violence, dating vio-
lence, sexual assault, sexual harassment, or 
stalking incidents.’’. 
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(b) STATEMENT OF POLICY REGARDING HARASS-
MENT.—Section 485(f) of the Higher Education Act of 
1965 (20 U.S.C. 1092(f)) is further amended— 
(1) by redesignating paragraphs (9) through 
(18) as paragraphs (10) through (19), respectively; 
and 
(2) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9)(A) Each institution of higher education 
participating in any program under this title, other 
than a foreign institution of higher education, shall, 
as part of the report described in paragraph (1)— 
‘‘(i) develop and distribute a state-
ment of policy regarding harassment, 
which shall include— 
‘‘(I) a prohibition of harass-
ment— 
‘‘(aa) on campus; 
‘‘(bb) in or on a noncampus 
building or property; 
‘‘(cc) on public property; 
‘‘(dd) in dormitories or other 
residential facilities for students 
on campus; 
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‘‘(ee) through the use of 
electronic mail addresses issued 
by the institution of higher edu-
cation; 
‘‘(ff) through the use of 
computers and communication 
networks, including any tele-
communications service, owned, 
operated, or contracted for use 
by the institution of higher edu-
cation or its agents; and 
‘‘(gg) during an activity 
sponsored by the institution of 
higher education or carried out 
with the use of resources pro-
vided by the institution of higher 
education; 
‘‘(II) a description of the institu-
tion’s programs to combat harass-
ment, which shall be aimed at the pre-
vention of harassment; 
‘‘(III) a description of the proce-
dures that a student should follow if 
an incident of harassment occurs; and 
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‘‘(IV) a description of the proce-
dures that the institution will follow 
once an incident of harassment has 
been reported, including a statement 
of the standard of evidence that will 
be used during any institutional con-
duct proceeding arising from such a 
report; and 
‘‘(ii) provide, on a prominent location 
on the institution’s website, a link to the 
webpage that contains the information re-
quired under paragraph (1)(K), including 
statement notifying the public— 
‘‘(I) of the availability of such in-
formation, including findings, sanc-
tions, and the implementation of sanc-
tions, except information protected 
under section 444 of the General 
Education Provisions Act (commonly 
known as the ‘Family Education 
Rights and Privacy Act of 1974’); 
‘‘(II) a description of how a 
member of the public may obtain such 
information; and 
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‘‘(III) a statement that the insti-
tution is required to provide such in-
formation 
pursuant 
to 
paragraph 
(1)(K). 
‘‘(B) The statement of policy described in 
subparagraph (A)(i) shall address the following 
areas: 
‘‘(i) Procedures for timely institu-
tional action in cases of alleged harass-
ment, which shall include a clear statement 
that the accuser and the accused shall be 
informed of the outcome of any discipli-
nary proceedings in response to an allega-
tion of harassment. 
‘‘(ii) Possible sanctions to be imposed 
following the final determination of an in-
stitutional disciplinary procedure regarding 
harassment. 
‘‘(iii) Notification of existing coun-
seling, mental health, or student services 
for victims or perpetrators of harassment, 
both on campus and in the community. 
‘‘(iv) Identification of a designated 
employee or office at the institution that 
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will be responsible for receiving and track-
ing each report of harassment.’’. 
(c) CIVIL PENALTIES.—Section 485(f) of the Higher 
Education Act of 1965 (20 U.S.C. 1092(f)) is further 
amended— 
(1) in paragraph (14), as redesignated by sub-
section (b)— 
(A) by striking ‘‘in the same amount and’’; 
and 
(B) by inserting before the period at the 
end the following: ‘‘, expect that such section 
shall be applied by substituting $100,000 for 
$25,000’’. 
(2) in paragraph (17), as redesignated by sub-
section (b), by adding ‘‘sexual harassment,’’ after 
‘‘sexual assault,’’. 
SEC. 4610. ONLINE SURVEY TOOL FOR CAMPUS SAFETY. 
Section 485(f) of the Higher Education Act of 1965 
(20 U.S.C. 1092) is further amended— 
(1) by redesignating paragraphs (19) and (20) 
as so redesignated as paragraphs (20) and (21), re-
spectively; and 
(2) by inserting after paragraph (17) the fol-
lowing: 
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‘‘(18) ONLINE
SURVEY
TOOL
FOR
CAMPUS 
SAFETY.— 
‘‘(A) IN GENERAL.—The Secretary shall, 
in consultation with the Attorney General, Di-
rector of the Centers for Disease Control, and 
the Secretary of the Department of Health and 
Human Services and experts in domestic vio-
lence, dating violence, sexual assault, sexual 
harassment, and stalking, develop, design, and 
make available through a secure and accessible 
online portal, a standardized online survey tool 
regarding student experiences with domestic vi-
olence, dating violence, sexual assault, sexual 
harassment, and stalking. 
‘‘(B) DEVELOPMENT OF SURVEY TOOL.— 
In developing the survey tool required under 
subparagraph (A), the Secretary shall— 
‘‘(i) use best practices from peer-re-
viewed research measuring domestic vio-
lence, dating violence, sexual assault, sex-
ual harassment, and stalking; 
‘‘(ii) consult with the higher education 
community, experts in survey research re-
lated to domestic violence, dating violence, 
sexual assault, sexual harassment, and 
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stalking, and organizations engaged in the 
prevention of and response to, and advo-
cacy on behalf of victims of, domestic vio-
lence, dating violence, sexual assault, sex-
ual harassment, and stalking regarding the 
development and design of such survey tool 
and the methodology for administration of 
such survey tool; and 
‘‘(iii) ensure that the survey tool is 
readily accessible to and usable by individ-
uals with disabilities. 
‘‘(C) ELEMENTS.— 
‘‘(i) IN
GENERAL.—The survey tool 
developed pursuant to this paragraph shall 
be fair and unbiased, scientifically valid 
and reliable, and meet the highest stand-
ards of survey research. 
‘‘(ii) 
SURVEY
QUESTIONS.—Survey 
questions included in the survey tool devel-
oped pursuant to this paragraph shall— 
‘‘(I) be designed to gather infor-
mation on student experiences with 
domestic violence, dating violence, sex-
ual assault, sexual harassment, and 
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stalking, including the experiences of 
victims of such incidents; 
‘‘(II) use trauma-informed lan-
guage to prevent retraumatization; 
and 
‘‘(III) include the following: 
‘‘(aa) Questions designed to 
determine the incidence and prev-
alence of domestic violence, dat-
ing violence, sexual assault, sex-
ual harassment, and stalking. 
‘‘(bb) Questions regarding 
whether students know about in-
stitutional policies and proce-
dures related to domestic vio-
lence, dating violence, sexual as-
sault, sexual harassment, and 
stalking. 
‘‘(cc) Questions designed to 
determine, if victims reported do-
mestic violence, dating violence, 
sexual assault, sexual harass-
ment, or stalking— 
‘‘(AA) to whom the in-
cident was reported and 
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669 
what response the victim 
may have received; 
‘‘(BB) whether the vic-
tim was informed of, or re-
ferred to, national, State, 
local, 
or 
on-campus 
re-
sources; and 
‘‘(CC) whether the enti-
ty to whom the victim re-
ported the incident con-
ducted an investigation and 
the duration and final reso-
lution of such an investiga-
tion. 
‘‘(dd) Questions regarding 
contextual 
factors, 
such 
as 
whether force, incapacitation, or 
coercion was involved. 
‘‘(ee) Questions to determine 
whether an accused individual 
was a student at the institution. 
‘‘(ff) Questions to determine 
whether a victim reported an in-
cident to State, local, or campus 
law enforcement. 
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‘‘(gg) Questions to deter-
mine why the victim chose to re-
port or not report an incident to 
the institution or State, local, or 
campus law enforcement. 
‘‘(hh) Questions to deter-
mine the impact of domestic vio-
lence, dating violence, sexual as-
sault, sexual harassment, and 
stalking on the victim’s edu-
cation, 
including 
diminished 
grades, dropped classes, leaves of 
absence, and negative financial 
consequences (such as costs asso-
ciated with loss in paid tuition 
due to leaves of absence, loss in 
scholarship awards due to dimin-
ished grades, and cost associated 
with counseling, medical services, 
or housing changes). 
‘‘(ii) Questions to determine 
the impact and effectiveness of 
prevention and awareness pro-
grams and complaints processes. 
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‘‘(jj) Questions to determine 
attitudes toward sexual violence 
and harassment, including the 
willingness of individuals to inter-
vene as a bystander of sex-based 
(including 
sexual 
orientation- 
based and gender identity-based), 
race-based, national origin-based, 
and disability-based discrimina-
tion, harassment, assault, domes-
tic violence, dating violence, sex-
ual assault, sexual harassment, 
and stalking. 
‘‘(kk) Other questions, as 
determined by the Secretary. 
‘‘(iii) 
ADDITIONAL
ELEMENTS.—In 
addition to the standardized questions de-
veloped by the Secretary under clause (ii), 
an institution may request additional infor-
mation from students that would increase 
the understanding of the institution of 
school climate factors unique to their cam-
puses. 
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‘‘(iv) RESPONSES.—The responses to 
the survey questions described in clause 
(ii) shall— 
‘‘(I) be submitted confidentially; 
‘‘(II) not be included in crime 
statistics; and 
‘‘(III) in the case of such re-
sponses being included in a report, 
shall not include personally identifi-
able information. 
‘‘(D) ADMINISTRATION OF SURVEY.— 
‘‘(i) 
FEDERAL
ADMINISTRATION.— 
The Secretary, in consultation with the At-
torney General, Director of the Centers for 
Disease Control, and Secretary of the De-
partment of Health and Human Services, 
shall develop a mechanism by which insti-
tutions of higher education may, with re-
spect to the survey tool developed pursuant 
to this paragraph— 
‘‘(I) administer such survey tool; 
and 
‘‘(II) modify such survey tool to 
include additional elements or require-
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673 
ments, as determined by the institu-
tion. 
‘‘(ii) COSTS.—The Secretary may not 
require an institution of higher education 
to pay to modify the survey tool in accord-
ance with clause (ii)(II). 
‘‘(iii) ACCESSIBILITY.—The Secretary 
shall ensure that the survey tool is admin-
istered in such a way as to be readily ac-
cessible to and usable by individuals with 
disabilities. 
‘‘(iv) 
INSTITUTIONAL
ADMINISTRA-
TION.—Beginning not later than one year 
after the date on which the Secretary 
makes available to institutions the mecha-
nism described in clause (i), and every 2 
years thereafter, each institution shall ad-
minister the survey tool developed pursu-
ant to this paragraph. 
‘‘(E) COMPLETED
SURVEYS.—The Sec-
retary shall require each institution partici-
pating in any program under this title to en-
sure, to the maximum extent practicable, that 
an adequate, random, and representative sam-
ple size of students (as determined by the Sec-
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674 
retary) enrolled at the institution complete the 
survey tool developed pursuant to this para-
graph. 
‘‘(F) REPORT.—Beginning not later than 
2 years after the date of enactment of the Col-
lege Affordability Act, the Secretary shall pre-
pare a biennial report on the information 
gained from the standardized elements of the 
survey under this paragraph and publish such 
report in an accessible format on the website of 
the Department and submit such report to Con-
gress. The report shall include campus-level 
data for each school and attributed by name of 
each campus in a manner that permits compari-
sons across schools and campuses. 
‘‘(G) 
PUBLICATION.—Each 
institution 
shall publish, in a manner that is readily acces-
sible and usable by individuals, including indi-
viduals with disabilities— 
‘‘(i) the campus-level results of the 
standardized elements of the survey under 
this paragraph on the website of the insti-
tution and in the annual security report re-
quired under paragraph 1 for the cam-
puses affiliated with the institution; and 
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‘‘(ii) the campus-level results of the 
additional elements modifying the survey 
by the institution, if any, on the website of 
the institution. 
‘‘(H) VIOLATION.—Upon a determination 
pursuant to section 487(c)(3)(B) that an insti-
tution of higher education has violated or failed 
to carry out any provision under this sub-
section, the Secretary shall impose a civil pen-
alty upon the institution in the same amount 
and pursuant to the same procedures as a civil 
penalty 
is 
imposed 
under 
section 
487(c)(3)(B).’’. 
SEC. 4611. TRANSFER OF CREDIT POLICIES. 
Section 485(h)(1) of the Higher Education Act of 
1965 (20 U.S.C. 1092(h)(1)) is amended— 
(1) in the matter preceding subparagraph (A)— 
(A) by inserting ‘‘on the website of the in-
stitution and in at least one other relevant pub-
lication (such as a course catalogue)’’ after 
‘‘publicly disclose’’; and 
(B) by inserting ‘‘, easy to find,’’ after 
‘‘readable’’; and 
(2) in subparagraph (B), by striking the period 
at the end and inserting the following: ‘‘, including 
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a link to the website of each institution of higher 
education on such list and a link to or an expla-
nation of the provisions of each such articulation 
agreement; and’’; and 
(3) by adding at the end the following: 
‘‘(C) a list of transfer-related resources 
and information not otherwise provided under 
subparagraphs (A) and (B) that the institution 
provides (such as deadlines, financial aid infor-
mation, and relevant staff contact informa-
tion).’’. 
SEC. 4612. AMENDMENTS TO INSTITUTIONAL AND FINAN-
CIAL ASSISTANCE. 
(a) NOTICE TO STUDENTS CONCERNING DRUG VIO-
LATIONS.—Subsection (k) of section 485 (20 U.S.C. 
1092) is repealed. 
(b) LIAISON FOR HOMELESS INDIVIDUALS AND FOS-
TER CARE YOUTH.—Section 485 of the Higher Education 
Act of 1965 (20 U.S.C. 1092) is amended by inserting 
after subsection (j) the following: 
‘‘(k) Each institution of higher education partici-
pating in any program under this title shall— 
‘‘(1) have designated an appropriate staff per-
son as a liaison to assist homeless individuals de-
scribed in section 725 of the McKinney-Vento 
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Homeless Assistance Act (42 U.S.C. 11434a) and 
foster care youth in accessing and completing post-
secondary education, including by ensuring that such 
homeless individuals and foster care youth are con-
nected to applicable and available student support 
services, programs, and community resources in 
areas such as financial aid, academic advising, hous-
ing, food, public benefits, health care, health insur-
ance, mental health, child care, transportation bene-
fits, and mentoring; 
‘‘(2) post public notice about student financial 
assistance and other assistance available to such 
homeless individuals and foster care youth, including 
their eligibility as independent students under sub-
paragraphs (B) and (H) of sections 480(d)(1); 
‘‘(3) give priority for any institutionally owned 
or operated housing facilities, including student 
housing facilities that remain open for occupation 
during school breaks or on a year-round basis, to— 
‘‘(A) homeless individuals described in sec-
tion 725 of the McKinney-Vento Homeless As-
sistance Act (42 U.S.C. 11434a); 
‘‘(B) youth who are unaccompanied, at 
risk of homelessness, and self-supporting; and 
‘‘(C) foster care youth; 
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‘‘(4) have developed a plan for how such home-
less individuals, youth who are unaccompanied, at 
risk of homelessness, and self-supporting, and foster 
care youth can access housing resources during and 
between academic terms, through means that may 
include access to institutionally owned or operated 
housing during breaks and a list of housing re-
sources in the community that provide short-term 
housing; and 
‘‘(5) include, in its application for admission, 
questions (to be answered voluntarily) regarding the 
applicant’s status as a homeless individual or foster 
care youth, that— 
‘‘(A) can be answered by the applicant vol-
untarily for the limited purpose of being pro-
vided information about financial aid or any 
other available assistance; 
‘‘(B) explain the key terms in the question 
in a manner children and youth can understand 
in order to self-identify and declare eligibility as 
a homeless individual or foster care youth; and 
‘‘(C) with consent of the applicant, may be 
shared with the liaison after admission but 
prior to the beginning of the next academic 
term.’’. 
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679 
(c) ANNUAL FINANCIAL AID COUNSELING.—Section 
485(l) of the Higher Education Act of 1965 (20 U.S.C. 
1092(l)) is amended to read as follows: 
‘‘(l) ANNUAL FINANCIAL AID COUNSELING.— 
‘‘(1) ANNUAL DISCLOSURE REQUIRED.— 
‘‘(A) IN GENERAL.—Each eligible institu-
tion shall ensure that each individual who re-
ceives a loan made under part D (other than a 
Federal Direct Consolidation Loan or a loan 
made under section 460A and 460B) receives 
comprehensive information on the terms and 
conditions of such loan and the responsibilities 
the individual has with respect to such loan. 
Such information shall be provided, for each 
award year for which the individual receives 
such loan, in a simple and understandable man-
ner— 
‘‘(i) during a counseling session con-
ducted in person; 
‘‘(ii) online, with the individual ac-
knowledging receipt of the information; or 
‘‘(iii) through the use of the online 
counseling tool described in subsection 
(n)(1)(B). 
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680 
‘‘(B) USE OF INTERACTIVE PROGRAMS.— 
In the case of institutions not using the online 
counseling 
tool 
described 
in 
subsection 
(n)(1)(B), the Secretary shall require such in-
stitutions to carry out the requirements of sub-
paragraph (A) through the use of interactive 
programs, during an annual counseling session 
that is in-person or online, that tests the indi-
vidual’s understanding of the terms and condi-
tions of the loan awarded to the individual, 
using simple and understandable language and 
clear formatting. 
‘‘(2) ALL INDIVIDUALS.—The information to be 
provided under paragraph (1)(A) to each individual 
receiving counseling under this subsection shall in-
clude the following: 
‘‘(A) An explanation of how the individual 
may budget for typical educational expenses 
and a sample budget based on the cost of at-
tendance for the institution. 
‘‘(B) An explanation that an individual has 
a right to annually request a disclosure of infor-
mation collected by a consumer reporting agen-
cy pursuant to section 612(a) of the Fair Credit 
Reporting Act (15 U.S.C. 1681j(a)). 
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681 
‘‘(C) An introduction to the financial man-
agement resources provided by the Consumer 
Financial Protection Bureau. 
‘‘(3) BORROWERS
RECEIVING
LOANS
MADE 
UNDER
PART
D
(OTHER
THAN
PARENT
PLUS 
LOANS).—The information to be provided under 
paragraph (1)(A) to a borrower of a loan made 
under part D (other than a Federal Direct PLUS 
Loan made on behalf of a dependent student) shall 
include the following: 
‘‘(A) A notification that some students 
may qualify for other financial aid and an ex-
planation that the borrower should consider ac-
cepting any grant, scholarship, or State or Fed-
eral work-study jobs for which the borrower is 
eligible prior to accepting student loans. 
‘‘(B) To the extent practicable, the effect 
of accepting the loan to be disbursed on the eli-
gibility of the borrower for other forms of stu-
dent financial assistance. 
‘‘(C) An explanation of the use of the stu-
dent loan contract referred to in section 
432(m)(1)(D). 
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‘‘(D) An explanation that the borrower is 
not required to accept the full amount of the 
loan offered to the borrower. 
‘‘(E) An explanation of the approved edu-
cational expenses for which the borrower may 
use a loan made under part D. 
‘‘(F) A recommendation to the borrower to 
exhaust the borrower’s Federal student loan op-
tions prior to taking out private education 
loans, an explanation that Federal student 
loans typically offer better terms and conditions 
than private education loans, an explanation 
that Federal student loans offer consumer pro-
tections typically not available in the private 
education loan market, an explanation of treat-
ment of loans made under part D and private 
education loans in bankruptcy, and an expla-
nation that if a borrower decides to take out a 
private education loan— 
‘‘(i) the borrower has the ability to se-
lect a private educational lender of the bor-
rower’s choice; 
‘‘(ii) the proposed private education 
loan may impact the borrower’s potential 
eligibility for other financial assistance, in-
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683 
cluding Federal financial assistance under 
this title; and 
‘‘(iii) the borrower has a right— 
‘‘(I) to accept the terms of the 
private education loan within 30 cal-
endar days following the date on 
which the application for such loan is 
approved and the borrower receives 
the required disclosure documents, 
pursuant to section 128(e) of the 
Truth in Lending Act (15 U.S.C. 
1638(e)); and 
‘‘(II) to cancel such loan within 3 
business days of the date on which the 
loan is consummated, pursuant to sec-
tion 128(e)(7) of such Act (15 U.S.C. 
1638(e)(7)). 
‘‘(G) The interest rate for the loan, as of 
the date of the counseling. 
‘‘(H) Information on how interest accrues 
and is capitalized during periods when the in-
terest is not paid by either the borrower or the 
Secretary. 
‘‘(I) In the case of a Federal Direct PLUS 
Loan or a Federal Direct Unsubsidized Staf-
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684 
ford Loan, the option of the borrower to pay 
the interest while the borrower is in school. 
‘‘(J) The definition of half-time enrollment 
at the institution, during regular terms and 
summer school, if applicable, and the con-
sequences of not maintaining at least half-time 
enrollment. 
‘‘(K) An explanation of the importance of 
contacting the appropriate offices at the institu-
tion of higher education if the borrower with-
draws prior to completing the borrower’s pro-
gram of study so that the institution can pro-
vide exit counseling, including information re-
garding the borrower’s repayment options and 
loan consolidation. 
‘‘(L) The obligation of the borrower to 
repay the full amount of the loan, regardless of 
whether the borrower completes or does not 
complete the program in which the borrower is 
enrolled within the regular time for program 
completion. 
‘‘(M) The likely consequences of default on 
the loan, including adverse credit reports, delin-
quent debt collection procedures under Federal 
law, and litigation. 
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685 
‘‘(N) Notice of the institution’s most re-
cent adjusted cohort default rate (calculated in 
accordance with section 435(m)(1)(D)), an ex-
planation of the adjusted cohort default rate, 
the most recent national average adjusted co-
hort default rate, and the most recent national 
average adjusted cohort default rate for the cat-
egory 
of 
institution 
described 
in 
section 
435(m)(4) to which the institution belongs. 
‘‘(O) Information on the National Student 
Loan Data System and how the borrower can 
access the borrower’s records. 
‘‘(P) The contact information for the insti-
tution’s financial aid office or other appropriate 
office at the institution the borrower may con-
tact if the borrower has any questions about the 
borrower’s rights and responsibilities or the 
terms and conditions of the loan. 
‘‘(Q) For a first-time borrower, in addition 
to all the information described in subpara-
graphs (A) through (P)— 
‘‘(i) a statement of the anticipated 
balance on the loan for which the borrower 
is receiving counseling under this sub-
section; 
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686 
‘‘(ii) based on such anticipated bal-
ance, the anticipated monthly payment 
amount under, at minimum— 
‘‘(I) the fixed repayment plan de-
scribed in section 493E; and 
‘‘(II) the income-based repay-
ment plan under section 493C(f), as 
determined using regionally available 
data from the Bureau of Labor Sta-
tistics of the average starting salary 
for the occupation in which the bor-
rower has an interest in or intends to 
be employed; 
‘‘(iii) an estimate of the projected 
monthly payment amount under each re-
payment plan described in clause (ii), 
based on the average cumulative indebted-
ness at graduation for borrowers of loans 
made under part D who are in the same 
program of study as the borrower and the 
expected increase in the cost of attendance 
of such program; and 
‘‘(iv) information on the annual and 
aggregate loan limits for Federal Direct 
Stafford Loans and Federal Direct Unsub-
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687 
sidized Stafford Loans as it pertains to the 
loan for which the borrower is receiving 
counseling, and a statement that such ag-
gregate borrowing limit may change based 
on the borrower’s student status (whether 
undergraduate or graduate) or if there is a 
change in the borrower’s dependency sta-
tus. 
‘‘(R) For a borrower with an outstanding 
balance of principal or interest due on a loan 
made under this title, in addition to all the in-
formation described in subparagraphs (A) 
through (P)— 
‘‘(i) information on each student loan 
that the institution is aware that the stu-
dent has borrowed, including Federal 
loans, private loans, and loans from the in-
stitution; 
‘‘(ii) the total amount of the out-
standing balance and interest accrued from 
the Federal student loans described in 
clause (i); 
‘‘(iii) for each Federal loan described 
in clause (i), the interest rate for the loan, 
as of the date of the counseling, and a 
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688 
statement that the interest rate on student 
loans may vary based on when the loan 
was borrowed and other factors; 
‘‘(iv) based on such outstanding bal-
ance for the Federal student loans, the an-
ticipated monthly payment amount under 
the fixed repayment plan described in sec-
tion 493E, the income-based repayment 
plan under section 493C(f), and any other 
repayment plan for which each loan may 
be eligible, calculated using regionally 
available data from the Bureau of Labor 
Statistics of the average starting salary for 
the occupation the borrower intends to be 
employed; 
‘‘(v) an estimate of the projected 
monthly payment amount under each re-
payment plan described in clause (iv), 
based on— 
‘‘(I) the outstanding balance de-
scribed in clause (ii); 
‘‘(II) the anticipated outstanding 
balance on the loan for which the stu-
dent is receiving counseling under this 
subsection; and 
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689 
‘‘(III) a projection for any other 
loans made under part D that the 
borrower is reasonably expected to ac-
cept during the borrower’s program of 
study based on at least the average 
cumulative indebtedness at graduation 
for borrowers of loans made under 
part D who are in the same program 
of study as the borrower and the ex-
pected increase in the cost of attend-
ance of such program; 
‘‘(vi) a statement that the outstanding 
balance described in clause (ii), the interest 
rate described in clause (iii), and the 
monthly amount described in clause (iv) 
and clause (v) does not include any 
amounts that the student may be required 
to repay for private or institutional loans; 
and 
‘‘(vii) the percentage of the total ag-
gregate borrowing limit that the student 
has reached, as of the date of the coun-
seling, for Federal Direct Stafford Loans 
and Federal Direct Unsubsidized Stafford 
Loans, and a statement that such aggre-
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690 
gate borrowing limit may change based on 
the borrower’s student status (whether un-
dergraduate or graduate) or if there is a 
change in the borrower’s dependency sta-
tus. 
‘‘(4) BORROWERS
RECEIVING
PARENT
PLUS 
LOANS FOR DEPENDENT STUDENTS.—The informa-
tion to be provided under paragraph (1)(A) to a bor-
rower of a Federal Direct PLUS Loan made on be-
half of a dependent student shall include the fol-
lowing: 
‘‘(A) A notification that some students 
may qualify for other financial aid and an ex-
planation that the student for whom the bor-
rower is taking out the loan should consider ac-
cepting any grant, scholarship, or State or Fed-
eral work-study jobs for which the borrower is 
eligible prior to borrowing Parent PLUS Loans. 
‘‘(B) The information described in sub-
paragraphs (B) through (D) and (L) through 
(O) of paragraph (3). 
‘‘(C) The interest rate for the loan, as of 
the date of the counseling. 
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691 
‘‘(D) The option of the borrower to pay the 
interest on the loan while the loan is in 
deferment. 
‘‘(E) Debt management strategies that are 
designed to facilitate the repayment of such in-
debtedness. 
‘‘(F) An explanation that the borrower has 
the options to prepay each loan, pay each loan 
on a shorter schedule, and change repayment 
plans. 
‘‘(G) For each Federal Direct PLUS Loan 
made on behalf of a dependent student for 
which the borrower is receiving counseling 
under this subsection, the contact information 
for the loan servicer of the loan and a link to 
such servicer’s Website. 
‘‘(H) For a first-time borrower of such 
loan— 
‘‘(i) a statement of the anticipated 
balance on the loan for which the borrower 
is receiving counseling under this sub-
section; 
‘‘(ii) based on such anticipated bal-
ance, the anticipated monthly payment 
amount under the fixed repayment plan 
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692 
described in section 493E, the income- 
based 
repayment 
plan 
under 
section 
493C(f), and any other repayment plan for 
which each loan may be eligible; and 
‘‘(iii) an estimate of the projected 
monthly payment amount under the fixed 
repayment plan described in section 493E, 
the income-based repayment plan under 
section 493C(f), and any other repayment 
plan for which each loan may be eligible, 
based on the average cumulative indebted-
ness of other borrowers of Federal Direct 
PLUS Loans made on behalf of dependent 
students who are in the same program of 
study as the student on whose behalf the 
borrower borrowed the loan and the ex-
pected increase in the cost of attendance of 
such program. 
‘‘(I) For a borrower with an outstanding 
balance of principal or interest due on such 
loan— 
‘‘(i) a statement of the amount of 
such outstanding balance; 
‘‘(ii) based on such outstanding bal-
ance, the anticipated monthly payment 
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693 
amount under the fixed repayment plan 
described in section 493E, the income- 
based 
repayment 
plan 
under 
section 
493C(f), and any other repayment plan for 
which each loan may be eligible; and 
‘‘(iii) an estimate of the projected 
monthly payment amount under the fixed 
and income-based repayment plans, based 
on— 
‘‘(I) the anticipated outstanding 
balance on the loan for which the bor-
rower is receiving counseling under 
this subsection; and 
‘‘(II) a projection for any other 
Federal Direct PLUS Loan made on 
behalf of the dependent student that 
the borrower is reasonably expected to 
accept during the program of study of 
such student based on at least the av-
erage 
cumulative 
indebtedness 
of 
other borrowers of Federal Direct 
PLUS Loans made on behalf of de-
pendent students who are in the same 
program of study as the student on 
whose behalf the borrower borrowed 
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694 
the loan and the expected increase in 
the cost of attendance of such pro-
gram. 
‘‘(5) ANNUAL
LOAN
ACCEPTANCE.—Prior to 
making the first disbursement of a loan made under 
part D (other than a Federal Direct Consolidation 
Loan or a loan made under section 460A and 460B) 
to a borrower for an award year, an eligible institu-
tion, shall, as part of carrying out the counseling re-
quirements of this subsection for the loan, ensure 
that after receiving the applicable counseling under 
paragraphs (2), (3), and (4) for the loan the bor-
rower accepts the loan for such award year by— 
‘‘(A) signing and returning to the institu-
tion the student loan contract for the loan re-
ferred to in section 432(m)(1)(D) that affirma-
tively states that the borrower accepts the loan; 
or 
‘‘(B) electronically signing an electronic 
version of the student loan contract described in 
subparagraph (A).’’. 
(d) ONLINE COUNSELING TOOLS.—Section 485 of 
the Higher Education Act of 1965 (20 U.S.C. 1092), as 
amended by this section, is further amended by adding 
at the end the following: 
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695 
‘‘(n) ONLINE COUNSELING TOOLS.— 
‘‘(1) IN GENERAL.—Beginning not later than 
18 months after the date of enactment of the Col-
lege Affordability Act, the Secretary shall main-
tain— 
‘‘(A) an online counseling tool that pro-
vides the exit counseling required under sub-
section (b) and meets the applicable require-
ments of this subsection; and 
‘‘(B) an online counseling tool that pro-
vides the annual counseling required under sub-
section (l) and meets the applicable require-
ments of this subsection. 
‘‘(2) REQUIREMENTS OF TOOLS.—In developing 
and maintaining the online counseling tools de-
scribed in paragraph (1), the Secretary shall ensure 
that each such tool is— 
‘‘(A) consumer tested, in consultation with 
other relevant Federal agencies and including 
students (low-income students and student vet-
erans, and students’ families) and borrowers, 
institutions of higher education, secondary 
school and postsecondary counselors, and non-
profit consumer groups, to ensure that the tool 
is effective in helping individuals understand 
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696 
their options, rights, and obligations with re-
spect to borrowing a loan made under part D; 
and 
‘‘(B) freely available to all eligible institu-
tions. 
‘‘(3) RECORD OF COUNSELING COMPLETION.— 
The Secretary shall— 
‘‘(A) use each online counseling tool de-
scribed in paragraph (1) to keep a record of 
which individuals have received counseling using 
the tool, and notify the applicable institutions 
of the individual’s completion of such coun-
seling; 
‘‘(B) in the case of a borrower who re-
ceives annual counseling for a loan made under 
part D using the tool described in paragraph 
(1)(B), notify the borrower by when the bor-
rower should accept, in a manner described in 
subsection (l)(5), the loan for which the bor-
rower has received such counseling; and 
‘‘(C) in the case of a borrower described in 
subsection (b)(1)(B) at an institution that uses 
the online counseling tool described in para-
graph (1)(A) of this subsection, the Secretary 
shall attempt to provide the information de-
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697 
scribed in subsection (b)(1)(A) to the borrower 
through such tool.’’. 
(e) DISCLOSURE
OF RELIGIOUS EXEMPTIONS
TO 
TITLE IX OF THE EDUCATION AMENDMENTS OF 1972.— 
Section 485 of the Higher Education Act of 1965 (20 
U.S.C. 1092), as amended by this section, is further 
amended by adding at the end the following: 
‘‘(o) DISCLOSURE OF RELIGIOUS EXEMPTIONS TO 
TITLE IX OF THE EDUCATION AMENDMENTS OF 1972.— 
Each institution of higher education participating in any 
program under this title that requests, receives, or exer-
cises or intends to exercise a religious exemption to the 
requirements of title IX of the Education Amendments of 
1972 (20 U.S.C. 1681 et seq.) shall submit in writing to 
the Assistant Secretary for Civil Rights a statement by 
the highest ranking official of the institution, identifying 
the provisions of part 106 of title 34 of the Code of Fed-
eral Regulations that conflict with a specific tenet of the 
religious organization and shall publish on its website, in 
a prominent location, the following: 
‘‘(1) REQUEST LETTER.—Each letter submitted 
by the educational institution to the Department to 
request such an exemption. 
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698 
‘‘(2) EXEMPTION
LETTER.—Each letter from 
the Department to the educational institution that 
grants or denies such an exemption. 
‘‘(3) NOTICE
OF
REQUEST.—Notice that the 
educational institution has requested an exemption 
under section 901(a)(3) of the Education Amend-
ments of 1972 (20 U.S.C. 1681(a)(3)). 
‘‘(4) NOTICE
OF
EXEMPTION.—If applicable, 
notice that the educational institution has received 
an exemption under section 901(a)(3) of the Edu-
cation Amendments of 1972 (20 U.S.C. 1681(a)(3)). 
‘‘(5) COVERED PERSONAL CHARACTERISTICS OR 
BEHAVIORS.—A list of the personal characteristics 
or behaviors to which each requested or granted ex-
emption applies. 
‘‘(6) COVERED ACTIVITIES OR PROGRAMS.—A 
list of the activities or programs to which each ex-
emption applies. 
‘‘(7) STATEMENT OF RIGHTS.—The statement 
‘Students continue to have rights under title IX of 
the Education Amendments of 1972. Any student 
who experiences discrimination may contact the Of-
fice for Civil Rights at the United States Depart-
ment of Education at lllll or lllll.’, 
with the first blank space being filled with a link to 
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699 
the website of the Office for Civil Rights and the 
second blank space being filled with the telephone 
number of the Office for Civil Rights.’’. 
(f) EXPECTANT AND PARENTING STUDENTS POLI-
CIES.—Section 485 of the Higher Education Act of 1965 
(20 U.S.C. 1092), as amended by this section, is further 
amended by adding at the end the following: 
‘‘(p) EXPECTANT AND PARENTING STUDENTS POLI-
CIES.—Each institution of higher education participating 
in any program under this title shall develop and make 
available, including on the institution’s website, a state-
ment of policy concerning expectant and parenting stu-
dents, which shall include, at a minimum— 
‘‘(1) the institution’s policy regarding leaves of 
absence related to pregnancy (and related medical 
conditions), and the birth or adoption of a child, 
which shall include— 
‘‘(A) any policies related to the availability 
of parental leave; 
‘‘(B) options, including time requirements, 
for making up missed work for students who 
take a leave of absence; and 
‘‘(2) information regarding lactation accom-
modations available to students; 
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‘‘(3) a description of the process for requesting 
accommodations, and the type of accommodations 
available to expectant and parenting students, in-
cluding— 
‘‘(A) information on accommodations for 
pregnancy-related medical conditions; and 
‘‘(B) information on accommodations for 
students who have parental responsibilities; 
‘‘(4) information regarding financial aid eligi-
bility for expectant and parenting students, includ-
ing— 
‘‘(A) the availability of dependent care al-
lowances for a parenting student for the pur-
poses of determining the student’s cost of at-
tendance; 
‘‘(B) the ability to change dependency sta-
tus, including during an award year, following 
the birth of a child; and 
‘‘(C) an explanation of the effect that a 
leave of absence may have on a student’s dem-
onstration of satisfactory academic progress, in-
cluding for the purposes of eligibility to partici-
pate in financial aid programs under this title; 
‘‘(5) information on available student support 
services, programs, and community resources, such 
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as academic advising, child care (including child care 
subsidy and assistance programs), housing (includ-
ing housing subsidies and utility assistance pro-
grams), food (including food assistance programs), 
public benefits, health care, health insurance, mental 
health, transportation benefits, mentoring, and other 
services available for expectant and parenting stu-
dents, both on-campus and in the community, and 
under local, State, and Federal law; 
‘‘(6) information regarding the availability of 
on-campus housing that permits students to live 
with dependents; 
‘‘(7) information on the rights and protections 
that are guaranteed to expectant and parenting stu-
dents under applicable Federal and State laws; 
‘‘(8) the institution’s procedures for addressing 
complaints under title IX of the Education Amend-
ments of 1972 (20 U.S.C. 1681 et seq.), including 
procedures for reporting complaints under such title; 
‘‘(9) the institution’s procedures for addressing 
complaints alleging discrimination based on a preg-
nancy-related disability under section 504 of the Re-
habilitation Act of 1973 (29 U.S.C. 701 et seq.) or 
the Americans with Disabilities Act of 1990 (42 
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U.S.C. 12101 et seq.), including procedures for re-
porting complaints under such laws; and 
‘‘(10) the contact information for the institu-
tion’s Office of Accessibility, the institution’s Title 
IX coordinator, and any other relevant staff mem-
bers who serve as a point of contact for, or offer 
services available to, expectant and parenting stu-
dents.’’. 
SEC. 4613. INFORMATION WITH RESPECT TO CRIME STATIS-
TICS FOR PROGRAMS OF STUDY ABROAD. 
Part G of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1088 et seq.), as amended by the pre-
ceding sections, is further amended by inserting after sec-
tion 485E (20 U.S.C. 1092f) the following: 
‘‘SEC. 485F. INFORMATION WITH RESPECT TO CRIME STA-
TISTICS FOR PROGRAMS OF STUDY ABROAD. 
‘‘(a) IN GENERAL.—Each institution participating in 
any program under this title, other than a foreign institu-
tion of higher education, shall develop and distribute a 
statement of policy with respect to students participating 
in a program of study abroad approved for credit by the 
institution concerning crime and harm that may occur 
while participating in such program of study abroad that, 
at a minimum, includes a biennial review by the institution 
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of the programs of study abroad approved for credit by 
the institution to determine— 
‘‘(1) the effectiveness of the programs at pro-
tecting students from crime and harm, and whether 
changes to the programs are needed (based on the 
most recent guidance or other assistance from the 
Secretary) and will be implemented; 
‘‘(2) for the 5 years preceding the date of the 
report, the number (in the aggregate for all pro-
grams of study abroad approved for credit by the in-
stitution) of— 
‘‘(A) deaths of program participants occur-
ring during program participation or during 
any other activities during the study abroad pe-
riod; 
‘‘(B) sexual assaults against program par-
ticipants occurring during program participa-
tion and reported to the institution; 
‘‘(C) accidents and illnesses occurring dur-
ing program participation that resulted in hos-
pitalization and were reported to the institution; 
and 
‘‘(D) incidents involving program partici-
pants during the program participation that re-
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sulted in police involvement or a police report 
and were reported to the institution; and 
‘‘(3) with respect to the incidents described in 
subparagraphs (A) and (B) of paragraph (2), wheth-
er the incidents occurred— 
‘‘(A) on campus; 
‘‘(B) in or on noncampus buildings or 
property; 
‘‘(C) on public property; 
‘‘(D) in dormitories or other residential fa-
cilities for students on campus; or 
‘‘(E) at a location not described in items 
(A) through (D) of this clause, without regard 
to whether the institution owns or controls a 
building or property at the location. 
‘‘(b) OTHER DUTIES.—An institution of higher edu-
cation described in subsection (a) shall— 
‘‘(1) provide each student who is interested in 
participating in a program of study abroad approved 
for credit by the institution, with an orientation ses-
sion and advising that includes— 
‘‘(A) a list of countries in which such pro-
grams of study abroad are located; 
‘‘(B) all current travel information, includ-
ing all travel warnings and travel alerts, issued 
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by the Bureau of Consular Affairs of the De-
partment of State for such countries; and 
‘‘(C) the information described in para-
graph (a), provided specifically for each pro-
gram of study abroad approved for credit by 
the institution in which the student is consid-
ering participation; and 
‘‘(2) provide each student who returns from 
such a program of study abroad with a post-trip de-
briefing session, including an exit interview that as-
sists the institution in carrying out subsection (a). 
‘‘(c) LIMITATIONS.—An institution of higher edu-
cation shall not disaggregate or otherwise distinguish in-
formation for purposes of subsection (a) or (b) in a case 
in which the number of students in a category is insuffi-
cient to yield statistically reliable information or the re-
sults would reveal personally identifiable information 
about an individual student. 
‘‘(d) REVIEW.—The Secretary shall periodically re-
view a representative sample of the policies described in 
subsection (a) that have been adopted by institutions of 
higher education. 
‘‘(e) DEFINITION.—For the purpose of this section, 
the definitions for ‘campus’, ‘noncampus building or prop-
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erty’, and ‘public property’ shall have the same meaning 
as in section 485(f)(6).’’. 
SEC. 4614. REMEDIAL EDUCATION GRANTS. 
Part G of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1088 et seq.), as amended by the pre-
ceding sections, is further amended by inserting after sec-
tion 486A (20 U.S.C. 1093a) the following: 
‘‘SEC. 486B. REMEDIAL EDUCATION GRANTS. 
‘‘(a) GRANTS AUTHORIZED.— 
‘‘(1) IN
GENERAL.—From the funds appro-
priated under subsection (k) (and not reserved under 
subsection (c)(4)), the Secretary, in consultation 
with the Director of the Institute of Education 
Sciences, shall award grants, on a competitive basis, 
to eligible entities to improve remedial education in 
higher education. 
‘‘(2) DURATION.—A grant under this section 
shall be awarded for a period of 5 years. 
‘‘(3) MINIMUM AWARDS.—The total amount of 
funds provided under each grant awarded under this 
section shall not be less than $500,000. 
‘‘(b) APPLICATION.—An eligible entity that desires to 
receive a grant under this section shall submit an applica-
tion to the Secretary at such time, in such manner, and 
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accompanied by such information as the Secretary may 
require, which shall include the following: 
‘‘(1) A description of how the eligible entity will 
use the grant funds to develop or improve a remedial 
education program that includes evidence-based, ef-
fective strategies for providing instruction to ensure 
that students are prepared for courses at the post-
secondary level. 
‘‘(2) An assurance that the eligible entity will 
use more than two measures (such as a student’s 
college entrance examination score, grade point aver-
age, high school course list, or a placement examina-
tion) to identify students in need of remedial edu-
cation who may be eligible to participate in the re-
medial education program developed or improved 
under the grant. 
‘‘(3) A description of how the eligible entity, in 
developing or improving such a program, will consult 
with stakeholders, including individuals with exper-
tise in remedial education, students enrolled in reme-
dial education, and faculty instructors for remedial 
education. 
‘‘(4) The eligible entity’s plan for sustaining the 
program after the grant period has ended. 
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‘‘(5) The eligible entity’s plan for monitoring 
and evaluating the program, including how the eligi-
ble entity will use the data collected under sub-
section (h) to continually update and improve the 
program. 
‘‘(c) CONSULTATION AND INDEPENDENT EVALUA-
TION.— 
‘‘(1) IN GENERAL.—Before selecting eligible en-
tities to receive grants under this section for a fiscal 
year, the Secretary shall— 
‘‘(A) ensure that the consultation required 
under paragraph (3) is carried out; and 
‘‘(B) consider the results of the consulta-
tion in selecting eligible entities to receive such 
grants. 
‘‘(2) CONTRACT
AUTHORITY.—The Secretary, 
acting through the Director, shall seek to enter into 
a contract with an independent evaluator under 
which the evaluator will provide the consultation and 
evaluation required under paragraph (3). 
‘‘(3) CONSULTATION AND INDEPENDENT EVAL-
UATION
REQUIRED.—The independent evaluator 
shall carry out the following activities: 
‘‘(A) CONSULTATION.—For each fiscal 
year of the grant program under this section, 
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the independent evaluator shall consult with, 
and provide advice to, the Secretary regarding 
which eligible entities should receive grants 
under this section for such fiscal year. 
‘‘(B) EVALUATION.—Throughout the dura-
tion of the grant program under this section, 
the independent evaluator shall independently 
evaluate the impact of the remedial education 
programs funded with the grants, which shall 
include evaluation of— 
‘‘(i) the effectiveness of the remedial 
education programs in increasing course 
and degree completion at the postsec-
ondary level; and 
‘‘(ii) the outcomes of the remedial 
education programs within and among 
models of remedial education described in 
subsection (d). 
‘‘(4) RESERVATION.—The Secretary may re-
serve not more than 15 percent of the funds appro-
priated under subsection (k) for a fiscal year to 
carry out this subsection for such fiscal year. 
‘‘(d) USE OF FUNDS.—An eligible entity that receives 
a grant under this section shall use the grant to develop 
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or improve a remedial education program through one or 
more of the following models: 
‘‘(1) ALIGNING COURSE WORK.—Working with 
a local educational agency or State educational agen-
cy that is part of the eligible entity to develop or im-
prove programs that provide alignment between high 
school coursework and postsecondary education, and 
that may include— 
‘‘(A) assessments in high school to meas-
ure student readiness for courses at the post-
secondary level; or 
‘‘(B) interventions in high school that im-
prove student competencies for courses at the 
postsecondary level. 
‘‘(2) ACCELERATED
COURSE
WORK.—Rede-
signing or improving remedial education that— 
‘‘(A) allows students to enroll in more than 
one sequential remedial education course or 
training in a semester, or the equivalent; 
‘‘(B) condenses the time of the remedial 
education; or 
‘‘(C) provides shortened, intensive courses 
or training to improve competencies of students 
for courses at the postsecondary level. 
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‘‘(3) MODULAR
INSTRUCTIONAL
METHODS.— 
Developing or improving remedial education that— 
‘‘(A) specifically targets the skills that stu-
dents need to move forward in courses at the 
postsecondary level; and 
‘‘(B) may be used to develop new assess-
ments, redesign courses to provide targeted skill 
instruction, or provide faculty professional de-
velopment. 
‘‘(4) CO-REQUISITE MODEL.—Developing or im-
proving remedial education programs that allow a 
student to enroll in remedial education (which may 
be provided through a modular instructional meth-
od) while also enrolled in a course at the postsec-
ondary level. 
‘‘(5) SYSTEMIC REFORM TO IMPLEMENT COM-
PREHENSIVE, INTEGRATED SUPPORT PROGRAMS.— 
Implementing and improving comprehensive, inte-
grated, evidence-based support programs that— 
‘‘(A) enable students enrolled in remedial 
education to complete a course of study leading 
to a recognized educational credential within 
150 percent of the normal time for completion; 
and 
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‘‘(B) may include financial supports, aca-
demic tutoring or support, and advising that 
enable students to find success in remedial edu-
cation and courses at the postsecondary level. 
‘‘(e) CONSIDERATIONS.—In awarding grants under 
this section, the Secretary, in consultation with the Direc-
tor, shall— 
‘‘(1) ensure— 
‘‘(A) a minimum of 30 eligible entities are 
awarded grants for each 5-year grant period; 
‘‘(B) an equitable geographic distribution 
of such grants, including an equitable distribu-
tion between urban and rural areas; and 
‘‘(C) that grants are used to develop or im-
prove remedial education programs— 
‘‘(i) under each model described in 
subsection (d) to enable, to the extent 
practicable, statistical comparisons of the 
relative effectiveness of the models and the 
programs within each model; and 
‘‘(ii) for a range of types and sizes of 
institutions of higher education; and 
‘‘(2) give preference to eligible entities that pri-
marily serve low-income students. 
‘‘(f) FISCAL REQUIREMENTS.— 
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713 
‘‘(1) SUPPLEMENT
NOT
SUPPLANT.—A grant 
awarded under this section shall be used to supple-
ment, not supplant, funds that would otherwise be 
used to carry out the activities described in this sec-
tion. 
‘‘(2) MATCHING FUNDS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), an eligible entity that receives a 
grant under this section shall provide, from 
non-Federal sources, an amount equal to 10 
percent of the amount of the grant for the cost 
of activities assisted under the grant. 
‘‘(B) EXCEPTIONS.—The requirements of 
subparagraph (A) shall not apply to— 
‘‘(i) Tribal Colleges or Universities; or 
‘‘(ii) institutions of higher education 
located in the Commonwealth of Puerto 
Rico, Guam, American Samoa, the United 
States Virgin Islands, the Commonwealth 
of the Northern Mariana Islands, the Re-
public of the Marshall Islands, the Fed-
erated States of Micronesia, or the Repub-
lic of Palau. 
‘‘(g) EXPERIMENTAL AUTHORITY.—Notwithstanding 
any other provision of this title, a student may be eligible 
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714 
to receive loans or grants under this title for up to 2 aca-
demic years for enrollment in a remedial education pro-
gram under this section. 
‘‘(h) DATA COLLECTION, REPORTS, EVALUATIONS, 
AND DISSEMINATION.— 
‘‘(1) INFORMATION.— 
‘‘(A) STUDENT-LEVEL DATA.—Each eligi-
ble entity that receives a grant under this sec-
tion shall provide to the Director and the Sec-
retary, on an annual basis for each year of the 
grant period and for 5 years after such grant 
period, the student-level data with respect to 
the students who are or were enrolled in a re-
medial education program funded with the 
grant. The Director and the Secretary shall 
share such data with the independent evaluator 
to enable the evaluator, for each such year, to 
determine the information described in subpara-
graph (B) with respect to each such remedial 
education program. 
‘‘(B) AGGREGATE
STUDENT
DATA.—The 
independent evaluator shall determine, with re-
spect to each remedial education program for 
which an eligible entity provides student-level 
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data under subparagraph (A), the following in-
formation: 
‘‘(i) The number of students who are 
or were enrolled in such remedial education 
program. 
‘‘(ii) The cost of such remedial edu-
cation program. 
‘‘(iii) The amount of grant or loan 
funds under this title awarded to students 
for enrollment in such remedial education 
program. 
‘‘(iv) The type of remedial education 
offered under the program. 
‘‘(v) The length of time students 
spend in such remedial education program, 
as measured by semester, trimester, or 
clock hours. 
‘‘(vi) The number of students who 
complete such remedial education program. 
‘‘(vii) Of the students who complete 
such remedial education program— 
‘‘(I) the number and percentage 
of such students who later enroll in 
postsecondary-level courses at an in-
stitution of higher education; 
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‘‘(II) the number and percentage 
of such students who receive a recog-
nized educational credential from an 
institution of higher education; 
‘‘(III) the average length of time 
required for a student described in 
subclause (II) to complete the course 
of study leading to such credential; 
and 
‘‘(IV) the number and percentage 
of students described in subclause (II) 
who complete the course of study 
leading to such credential within 150 
percent of the normal time for com-
pletion. 
‘‘(C) DISAGGREGATION.—The information 
determined under subparagraph (B) shall be 
disaggregated by race, gender, socioeconomic 
status, Federal Pell Grant eligibility status, sta-
tus as a first generation college student, vet-
eran or active duty status, and disability status. 
‘‘(2) EVALUATION
RESULTS.—Not later than 
six years after the first grant is awarded under this 
section, the Director, in consultation with the Sec-
retary and using the information determined under 
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paragraph (1), shall submit to the authorizing com-
mittees and make available on a publicly accessible 
website, a report on the results of the multiyear, rig-
orous, and independent evaluation of the impact of 
the remedial education programs carried out by the 
independent evaluator. The report shall include the 
results of such evaluation with respect to— 
‘‘(A) the effectiveness of the remedial edu-
cation programs in increasing course and de-
gree completion at the postsecondary level; and 
‘‘(B) the outcomes of the remedial edu-
cation programs within and among models of 
remedial education described in subsection (d). 
‘‘(3) REPORTS AND DISSEMINATION.— 
‘‘(A) INITIAL REPORT.—Not later than one 
year after the first grant is awarded under this 
section, the Secretary, in consultation with the 
independent evaluator, shall prepare and submit 
to the authorizing committees a report on each 
remedial education program funded under this 
section. 
‘‘(B) SUBSEQUENT
REPORT.—Not later 
than five years after the last grant is awarded 
under this section, the Secretary, in consulta-
tion with the independent evaluator, shall pre-
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pare and submit to the authorizing committees 
a report that includes— 
‘‘(i) a review of the activities and pro-
gram performance of each remedial edu-
cation program funded under this section; 
and 
‘‘(ii) guidance and recommendations 
on how successful remedial education pro-
grams (as determined, at a minimum, by 
the number and percentage of remedial 
education students who later complete a 
course of study at an institution of higher 
education within 150 percent of the normal 
time for completion) can be replicated. 
‘‘(C) PUBLIC AVAILABILITY.—The reports 
submitted under subparagraphs (A) and (B) 
shall be made available on a publicly accessible 
website of the Department of Education. 
‘‘(i) DATA PRIVACY.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
person who obtains or has access to personally iden-
tifiable information pursuant to this section to 
knowingly disclose to any person (except as author-
ized in this section or any Federal law) such person-
ally identifiable information. 
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719 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined under title 18, United 
States Code. 
‘‘(3) OFFICER OR EMPLOYEE OF THE UNITED 
STATES.—If any officer or employee of the United 
States violates paragraph (1), the officer or em-
ployee shall be dismissed from office or discharged 
from employment upon conviction for the violation. 
‘‘(4) LAW ENFORCEMENT.—Personally identifi-
able information collected under this section shall 
not be used for any law enforcement activity or any 
other activity that would result in adverse action 
against any student, including debt collection activ-
ity or enforcement of the immigration laws. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) DIRECTOR.—The term ‘Director’ means 
the Director of the Institute of Education Sciences. 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) an institution of higher education; or 
‘‘(B) a partnership between an institution 
of higher education and at least one of the fol-
lowing: 
‘‘(i) A local educational agency. 
‘‘(ii) A State educational agency. 
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‘‘(3) FIRST GENERATION COLLEGE STUDENT.— 
The term ‘first generation college student’ has the 
meaning given that term in section 402A(h). 
‘‘(4) INDEPENDENT
EVALUATOR.—The term 
‘independent evaluator’ means the independent eval-
uator with which the Secretary enters into a con-
tract under subsection (c)(2). 
‘‘(5) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given that term in section 101. 
‘‘(6) REMEDIAL EDUCATION.—The term ‘reme-
dial education’— 
‘‘(A) means education (such as courses or 
training) offered at an institution of higher 
education that— 
‘‘(i) is below the postsecondary level; 
and 
‘‘(ii) is determined by the institution 
to be necessary to help students be pre-
pared for the pursuit of a first under-
graduate baccalaureate degree, associate’s 
degree, or certificate or, in the case of 
courses in English language instruction, to 
be necessary to enable the student to uti-
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lize already existing knowledge, training, or 
skills; and 
‘‘(B) includes developmental education that 
meets the requirements of subparagraph (A). 
‘‘(7) TRIBAL COLLEGE OR UNIVERSITY.—The 
term ‘Tribal College or University’ has the meaning 
given that term in section 316(b). 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$162,500,000 for fiscal year 2021 and each of the 5 suc-
ceeding fiscal years.’’. 
SEC. 4615. COMPETENCY-BASED EDUCATION. 
(a) IN GENERAL.—Part G of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1088 et seq.), as 
amended by the preceding sections, is further amended by 
inserting after section 486B (as added by section 4613 
of this Act) the following: 
‘‘SEC. 486C. COMPETENCY-BASED EDUCATION DEMONSTRA-
TION PROJECTS. 
‘‘(a) DEMONSTRATION PROJECTS AUTHORIZED.— 
The Secretary shall select, in accordance with subsection 
(d), eligible entities to voluntarily carry out competency- 
based education demonstration projects for a duration of 
5 years and receive waivers or other flexibility described 
in subsection (e) to carry out such projects. 
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‘‘(b) APPLICATION.— 
‘‘(1) IN GENERAL.—Each eligible entity desir-
ing to carry out a demonstration project under this 
section shall submit an application to the Secretary, 
at such time and in such manner as the Secretary 
may require. 
‘‘(2) OUTREACH.— 
‘‘(A) IN GENERAL.—The Secretary shall, 
prior to any deadline to submit applications 
under paragraph (1), conduct outreach to insti-
tutions, including those described in subpara-
graph (B), to provide those institutions with in-
formation on the opportunity to apply to carry 
out a demonstration project under this section. 
‘‘(B) INSTITUTIONS.—The institutions de-
scribed in this subparagraph are the following: 
‘‘(i) Part B institutions (as defined in 
section 322). 
‘‘(ii) Hispanic-serving institutions (as 
defined in section 502). 
‘‘(iii) Tribal Colleges or Universities 
(as defined in section 316). 
‘‘(iv) Alaska Native-serving institu-
tions (as defined in section 317(b)). 
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‘‘(v) Native Hawaiian-serving institu-
tions (as defined in section 317(b)). 
‘‘(vi) Predominantly Black Institu-
tions (as defined in section 318). 
‘‘(vii) Asian American and Native 
American Pacific Islander-serving institu-
tions (as defined in section 320(b)). 
‘‘(viii) Native American-serving, non-
tribal institutions (as defined in section 
319). 
‘‘(ix) Institutions predominately serv-
ing adult learners. 
‘‘(x) Institutions serving students with 
special needs. 
‘‘(xi) Institutions located in rural 
areas. 
‘‘(3) AMENDMENTS.— 
‘‘(A) IN GENERAL.—An eligible entity that 
has been selected to carry out a demonstration 
project under this section may submit to the 
Secretary amendments to the eligible entity’s 
approved application under paragraph (1), at 
such time and in such manner as the Secretary 
may require, which the Secretary shall approve 
or deny within 30 days of receipt. 
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‘‘(B) 
EXPANDING
ENROLLMENT.—Not-
withstanding the assurance required with re-
spect to maximum enrollment under paragraph 
(4)(N)— 
‘‘(i) an eligible entity whose dem-
onstration project has been evaluated 
under subsection (g)(2) not less than 
twice, may submit to the Secretary an 
amendment to the eligible entity’s applica-
tion under paragraph (1) to increase en-
rollment in the project to more than 3,000 
students, but not more than 5,000 stu-
dents, and which shall specify— 
‘‘(I) the proposed maximum en-
rollment 
and 
annual 
enrollment 
growth for the project; 
‘‘(II) how the eligible entity will 
successfully carry out the project with 
such maximum enrollment and enroll-
ment growth; and 
‘‘(III) any other amendments to 
the eligible entity’s application under 
paragraph (1) that are related to such 
maximum enrollment or enrollment 
growth; and 
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‘‘(ii) the Secretary shall determine 
whether to approve or deny an amendment 
submitted under clause (i) for a dem-
onstration project based on the project’s 
evaluations under subsection (g)(2). 
‘‘(4) CONTENTS.—Each application under para-
graph (1) shall include— 
‘‘(A) a description of each competency- 
based education program to be offered by the 
eligible entity under the demonstration project; 
‘‘(B) a description of the alignment of the 
proposed competency-based education program 
to the institution’s mission, and evidence of in-
stitutional commitment to such program; 
‘‘(C) a description of how each program 
will work with employers and local industry to 
assess and incorporate competencies that are 
relevant in the labor market and how the pro-
gram aligns with employer needs; 
‘‘(D) a description of the proposed aca-
demic design, academic and support services, 
delivery, business, and financial models for the 
demonstration project, including explanations 
and supporting documents, including financial 
statements, and, any revenue-sharing agree-
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ments with third-party servicers or online pro-
gram managers, of how each competency-based 
education program offered under the dem-
onstration project will— 
‘‘(i) result in the achievement of com-
petencies; 
‘‘(ii) differ from standard credit hour 
approaches, in whole or in part; 
‘‘(iii) result in lower costs of a certifi-
cate or degree; and 
‘‘(iv) result in shortened time to com-
pletion of a certificate or degree; 
‘‘(E) a description of how each com-
petency-based education program offered under 
the demonstration project will award academic 
credit to advance the progress of a student to-
ward completion of a certificate or degree that 
is portable and used by in-demand employers 
for making employment decisions; 
‘‘(F) a description of how each credit-bear-
ing competency-based education program of-
fered under the demonstration project is aligned 
with a career pathway; 
‘‘(G) a description of the meaningful role 
of the appropriate instructors of the eligible en-
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tity in the development, design, implementation, 
delivery, and evaluation of each such com-
petency-based education program; 
‘‘(H) a description of how each such com-
petency-based education program will provide 
strong post-enrollment job placement, earnings, 
and loan repayment outcomes; 
‘‘(I) a description of how the eligible entity 
will facilitate transfer, postsecondary study, and 
employer understanding by articulating a com-
petency-based transcript from a competency- 
based education program offered under the 
demonstration project to a credit hour tran-
script at another program at the eligible entity 
and to other institutions of higher education; 
‘‘(J) a description of the statutory and reg-
ulatory requirements described in subsection (e) 
for which the eligible entity is seeking a waiver 
or other flexibility, and why such waiver or 
flexibility is necessary to carry out the dem-
onstration project; 
‘‘(K) a description of indicators of a pro-
gram’s effectiveness to inform how a third 
party will reliably assess student learning for 
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each competency-based education program of-
fered under the demonstration project; 
‘‘(L) a description of how the eligible enti-
ty will develop and evaluate the competencies 
and assessments of student knowledge adminis-
tered as part of the demonstration project, in-
cluding whether there is a relationship between 
the competency unit and a traditional credit or 
clock hour, the average time it takes to earn a 
competency, how such competencies and assess-
ments are aligned with workforce needs and any 
other considerations the institution made when 
it developed its unit of competency; 
‘‘(M) a description of the proposal for de-
termining a student’s Federal student aid eligi-
bility under this title for participating in the 
demonstration project, the award and distribu-
tion of such aid, and the safeguards to ensure 
that students are making satisfactory progress 
that warrants the disbursement of such aid; 
‘‘(N) an assurance that the demonstration 
project at each eligible entity— 
‘‘(i) will enroll a minimum of 25 stu-
dents and a maximum of 3,000 students 
or, in the case of an eligible entity with an 
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application amendment approved under 
paragraph (3)(B), the maximum enroll-
ment approved under such paragraph; 
‘‘(ii) will identify and disseminate best 
practices with respect to the demonstration 
project to the Secretary and to other eligi-
ble entities carrying out a demonstration 
project under this section; 
‘‘(iii) operates under an agreement 
with the accrediting agency or association 
of the eligible entity to establish the stand-
ards described in subsection (c); and 
‘‘(iv) uses available funds solely for 
purposes of awarding academic credit to el-
igible students based on the achievement of 
competencies and for the related costs or 
fees of demonstrating the achievement of 
competencies; 
‘‘(O) a description of the population of stu-
dents to whom competency-based education 
under the demonstration project will be offered, 
including demographic information and prior 
educational experience, disaggregated (as prac-
ticable) by students who are Federal Pell Grant 
recipients, students of color, Native students, 
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730 
students with disabilities, students who are vet-
erans or members of the Armed Forces, adult 
learners, and first generation college students, 
and how such eligible entity will, when appro-
priate, address the specific needs of each such 
population of students when carrying out the 
demonstration project; 
‘‘(P) a description of outreach and commu-
nication activities to students who may benefit 
under the demonstration project, including 
those described in subparagraph (O); 
‘‘(Q) a description of how the institution is 
ensuring that students participating in the dem-
onstration project will not, on average, be eligi-
ble for more or less Federal assistance under 
this title than such students would have been 
eligible for under a program measured in credit 
or clock hours; 
‘‘(R) the cost of attendance for each com-
petency-based education program offered under 
the demonstration project, disaggregated by 
each of the applicable costs or allowances de-
scribed in paragraphs (1) through (13) of sec-
tion 472, and the estimated amount of the cost 
of attendance of each such program to be cov-
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731 
ered by need-based grant aid and merit-based 
grant aid from Federal, State, institutional, and 
private sources; 
‘‘(S) a description of other competency- 
based education programs the eligible entity of-
fers or plans to offer outside of the demonstra-
tion project; 
‘‘(T) a description of how the eligible enti-
ty will use data to— 
‘‘(i) ensure that each competency- 
based education program under the dem-
onstration project meets the benchmarks 
established in accordance with subsection 
(c)(2)(E); 
‘‘(ii) 
confirm 
relevancy 
of 
com-
petencies in the labor market; and 
‘‘(iii) improve each such program; and 
‘‘(U) other such elements as the Secretary 
may require. 
‘‘(c) RECOGNITION BY ACCREDITING AGENCY OR AS-
SOCIATION.—Unless a program has already been recog-
nized as a direct assessment program by the accrediting 
agency or association of the eligible entity, in order to 
carry out a competency-based education program under 
a demonstration project under this section, an eligible en-
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732 
tity shall include in its application under subsection (b), 
a letter from the accrediting agency or association of the 
eligible entity that describes how it will establish and en-
force the following standards with respect to such com-
petency-based education program: 
‘‘(1) Standards for determining whether the eli-
gible entity or the program requires students to 
demonstrate competencies that are— 
‘‘(A) capable of being validly and reliably 
assessed; and 
‘‘(B) appropriate in scope and rigor for the 
award of the relevant certificate or degree. 
‘‘(2) Standards for determining whether the eli-
gible entity or the program demonstrate— 
‘‘(A) the administrative capacity and ex-
pertise that will ensure— 
‘‘(i) the validity and reliability of as-
sessments of competencies; and 
‘‘(ii) good practices in assessment and 
measurement; 
‘‘(B) sufficient educational content, activi-
ties, and resources (including faculty sup-
port)— 
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733 
‘‘(i) to enable students to learn or de-
velop what is required to demonstrate or 
attain mastery of competencies; and 
‘‘(ii) that are consistent with the 
qualifications of graduates of traditional 
programs; 
‘‘(C) that the quality of demonstration of 
competence is judged at mastery for each com-
petency that is assessed for the award of a cer-
tificate or degree; 
‘‘(D) a standard for the amount of learn-
ing that is included in a unit of competency; 
‘‘(E) reasonable, clear, and actionable 
benchmarks for graduation rates and the em-
ployment and earnings of graduates, including 
job placements in a field for which the program 
prepares students, debt-to-earnings ratios, loan 
repayment rates, and student satisfaction; 
‘‘(F) regular evaluation of whether the pro-
gram meets the benchmarks under subpara-
graph (E), and address what may be the cause 
with identified interventions; and 
‘‘(G) that students may not receive a sub-
sequent disbursement until they have completed 
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734 
the anticipated number of credits for the pay-
ment period. 
‘‘(3) Standards for determining when to deny, 
withdraw, suspend, or terminate the accreditation of 
the program if the benchmarks under paragraph 
(2)(E) are not achieved after 4 consecutive title IV 
payment periods, including standards for providing 
sufficient opportunity— 
‘‘(A) for the eligible entity or program to 
provide a written response regarding the failure 
to achieve such benchmarks be considered by 
the agency or association in the manner de-
scribed in section 496(a)(6)(B); and 
‘‘(B) for the eligible entity or program to 
appeal any adverse action under this subpara-
graph before an appeals panel that meets the 
requirements of section 496(a)(6)(C). 
‘‘(d) SELECTION.— 
‘‘(1) IN GENERAL.—Not later than 12 months 
after the date of enactment of the College Afford-
ability Act, the Secretary shall select not more than 
100 eligible entities to carry out a demonstration 
project under this section under which at least 1 
competency-based education program is offered at 
each eligible entity. 
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735 
‘‘(2) CONSIDERATIONS.—In selecting eligible 
entities under paragraph (1), the Secretary shall— 
‘‘(A) consider the number and quality of 
applications received; 
‘‘(B) consider an eligible entity’s— 
‘‘(i) ability to successfully execute the 
demonstration project as described in the 
eligible entity’s application under sub-
section (b); 
‘‘(ii) commitment and ability to effec-
tively finance the demonstration project; 
‘‘(iii) ability to provide administrative 
capability and the expertise to evaluate 
student progress based on measures other 
than credit hours or clock hours; 
‘‘(iv) history of compliance with the 
requirements of this Act; 
‘‘(v) commitment to work with the Di-
rector and the Secretary to evaluate the 
demonstration project and the impact of 
the demonstration project under subsection 
(g)(2); 
‘‘(vi) commitment and ability to as-
sess student learning through a third 
party; 
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736 
‘‘(vii) commitment of the accrediting 
agency or association of the eligible entity 
to establish and enforce the standards de-
scribed in subsection (c); and 
‘‘(viii) commitment to collaboration 
with an employer advisory group or spe-
cific employers to determine how the dem-
onstration project will meet employer 
needs; 
‘‘(C) ensure the selection of a diverse 
group of eligible entities with respect to size, 
mission, student population, and geographic 
distribution; 
‘‘(D) not limit the types of programs of 
study or courses of study approved for partici-
pation in a demonstration project; and 
‘‘(E) not select an eligible entity— 
‘‘(i) that, for one of the preceding 2 
fiscal years— 
‘‘(I) had an adjusted cohort de-
fault rate (defined in section 435(m)) 
that is 20 percent or greater; 
‘‘(II) failed to meet the require-
ment under section 487(a)(24); or 
‘‘(III) was— 
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737 
‘‘(aa) under probation or an 
equivalent status from the ac-
crediting agency or association of 
the eligible entity; 
‘‘(bb) under sanction from 
the authorization agency of the 
State in which the eligible entity 
is located; or 
‘‘(cc) under public investiga-
tion or facing a pending lawsuit 
from a State or Federal agency; 
‘‘(ii) if the Department has concerns 
with the entity’s compliance based on pro-
gram reviews or audits; or 
‘‘(iii) if the eligible entity fails to meet 
the financial responsibility standards pre-
scribed by the Secretary in accordance 
with section 498(c) or is placed on a reim-
bursement payment method by the Sec-
retary. 
‘‘(e) WAIVERS AND OTHER FLEXIBILITY.— 
‘‘(1) IN GENERAL.—With respect to any eligible 
entity selected to carry out a demonstration project 
under this section, the Secretary may— 
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738 
‘‘(A) waive any requirements of the provi-
sions of law (including any regulations promul-
gated under such provisions) listed in para-
graph (2) for which the eligible entity has pro-
vided a reason for waiving under subsection 
(b)(4)(J); or 
‘‘(B) provide other flexibility, but not 
waive, any requirements of the provisions of law 
(including any regulations promulgated under 
such provisions) listed in paragraph (3) for 
which the eligible entity has provided a reason 
with which the Secretary agrees for such flexi-
bility under subsection (b)(4)(J). 
‘‘(2) PROVISIONS
ELIGIBLE
FOR
WAIVERS.— 
The Secretary may waive the following under para-
graph (1)(A): 
‘‘(A) Subparagraphs (A) and (B) of section 
102(a)(3). 
‘‘(B) Section 484(l)(1). 
‘‘(3) 
PROVISIONS
ELIGIBLE
FOR
FLEXI-
BILITY.—The Secretary may provide the flexibility 
described in paragraph (1)(B) with respect to the re-
quirements under provisions in title I, part F of this 
title, or this part, that inhibit the operation of a 
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739 
competency-based education program, relating to the 
following: 
‘‘(A) Documenting attendance. 
‘‘(B) Weekly academic activity. 
‘‘(C) Minimum weeks of instructional time. 
‘‘(D) Requirements for credit hour or clock 
hour equivalencies if an institution proposes a 
measure clearly defined in its application that 
accounts for the academic intensity of study. 
‘‘(E) Requirements for regular and sub-
stantive interaction with the instructor. 
‘‘(F) Definitions of the terms ‘academic 
year’, ‘full-time student’, ‘part-time student’, 
‘term’ (including ‘standard term’, ‘non-term’, 
and ‘non-standard term’), ‘satisfactory aca-
demic progress’, ‘educational activity’, ‘program 
of study’, and ‘payment period’. 
‘‘(G) Methods of disbursing student finan-
cial aid by institutions of higher education se-
lected, as of the date of enactment of the Col-
lege Affordability Act, as experimental sites 
under section 487A to carry out competency- 
based education programs. 
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740 
‘‘(H) Restrictions regarding concurrent 
student enrollment in Direct Assessment and 
non-Direct Assessment programs. 
‘‘(4) MEASUREMENT OF ACTIVITY OR ACADEMIC 
WORK.—An institution granted flexibility under 
paragraph (3) related to requirements for credit 
hour or clock hour equivalencies shall include a 
measurement of activity or academic ‘work’ by stu-
dents as considered comparable to the standard 
practice for measuring credit or clock hours for 
these areas. 
‘‘(f) NOTIFICATION.—Not later than 9 months after 
the date of enactment of the College Affordability Act, the 
Secretary shall make available to the authorizing commit-
tees and the public a list of eligible entities selected to 
carry out a demonstration project under this section, 
which shall include for each such eligible entity— 
‘‘(1) the specific waiver or other flexibility from 
statutory or regulatory requirements offered under 
subsection (e); and 
‘‘(2) a description of the competency-based edu-
cation programs, and its associated accreditation 
standards, to be offered under the project. 
‘‘(g) INFORMATION AND EVALUATION.— 
‘‘(1) INFORMATION.— 
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741 
‘‘(A) STUDENT-LEVEL DATA.—Each eligi-
ble entity that carries out a demonstration 
project under this section shall provide to the 
Director the student-level data for the students 
enrolled in a program described in subpara-
graph (C)(i)(I), the student-level data for the 
students enrolled in a program described in 
subparagraph (C)(i)(II), and the student-level 
data for students enrolled in a program de-
scribed in subparagraph (C)(i)(III) to enable 
the Director— 
‘‘(i) to determine the aggregate infor-
mation described in subparagraph (B) with 
respect to each such program; and 
‘‘(ii) to the extent practicable, to com-
pare the programs using a rigorous evalua-
tion, such as propensity score matching. 
‘‘(B) 
AGGREGATE
INFORMATION.—For 
purposes of the evaluation under paragraph (2), 
the Director shall use the student-level data 
provided under subparagraph (A) by an eligible 
entity to determine the following information 
with respect to each program described in sub-
paragraph (C)(i) offered at such eligible entity: 
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742 
‘‘(i) The average number of credit 
hours students earned prior to enrollment 
in the program, if applicable. 
‘‘(ii) The number and percentage of 
students enrolled in a competency-based 
education program that are also enrolled in 
programs of study or courses of study of-
fered in credit hours or clock hours, 
disaggregated by student status as a first- 
year, second-year, third-year, fourth-year, 
or other student. 
‘‘(iii) The average period of time be-
tween the enrollment of a student in the 
program and the first assessment of stu-
dent knowledge of such student. 
‘‘(iv) The average time to 25 percent, 
50 percent, 75 percent, 100 percent, 150 
percent, and 200 percent completion of a 
certificate or degree. 
‘‘(v) The number and percentage of 
students who begin in a certain cohort and 
complete a certificate or degree. 
‘‘(vi) The number and percentage of 
students who begin in a certain cohort and 
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743 
withdraw without completing a certificate 
or degree. 
‘‘(vii) The number and percentage of 
students who begin in a certain cohort who 
reach 25 percent, 50 percent, 75 percent, 
and 100 percent completion of a certificate 
or degree. 
‘‘(viii) The number and percentage of 
students who begin in a certain cohort who 
re-enroll in a second period. 
‘‘(ix) The median number of com-
petencies completed per period. 
‘‘(x) The average number of attempts 
it takes students to pass all assessments of 
student knowledge during the period of en-
rollment in the program. 
‘‘(xi) The percentage of summative as-
sessments of student competence that stu-
dents passed on the first attempt during 
the period of enrollment in the program. 
‘‘(xii) The percentage of summative 
assessments of student competence that 
students passed on the second attempt and 
the average period of time between the 
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first and second attempts during the pe-
riod of enrollment in the program. 
‘‘(xiii) The average number of com-
petencies a student acquired and dem-
onstrated while enrolled in a program and 
the period of time during which the stu-
dent acquired such competencies. 
‘‘(xiv) The number and percentage of 
students completing the program who find 
employment that lasts not less than 6 
months within 6 months of graduation, 
disaggregated by number and percentage 
of such students finding employment in a 
field related to the program. 
‘‘(xv) Student job placement rates 1, 
2, and 3 years after graduating from the 
program, if available. 
‘‘(xvi) The median student earnings 1, 
2, and 3 years after graduating from the 
program, if available. 
‘‘(xvii) The number and percentage of 
students completing the program who con-
tinue their education. 
‘‘(xviii) Such other information as the 
Director may reasonably require. 
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745 
‘‘(C) DISAGGREGATION.—The information 
determined under subparagraph (B) shall be 
disaggregated as follows, provided that the 
disaggregation of the information does not iden-
tify any individual student: 
‘‘(i) For each eligible entity that car-
ries out a demonstration project under this 
section, disaggregation by— 
‘‘(I) the students enrolled in each 
competency-based education program 
under the project; 
‘‘(II) the students enrolled in 
each competency-based education pro-
gram not being carried out under the 
project, if the eligible entity has a 
competency-based education program 
not being carried out under the 
project; and 
‘‘(III) the students enrolled in a 
program not described in subclause 
(I) or (II). 
‘‘(ii) For each group of students de-
scribed in clause (i), disaggregation by 
prior postsecondary experience, age group, 
race, gender, disability status, students 
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746 
who are Veterans or servicemembers, first 
generation college students, full-time and 
part-time enrollment, and status as a re-
cipient of a Federal Pell Grant. 
‘‘(D) COUNCIL.—The Director shall pro-
vide to the Competency-Based Education Coun-
cil any information described in subparagraph 
(A) or (B) (other than personally identifiable 
information) that may be necessary for the 
Council to carry out its duties under section 
4615(e) of the College Affordability Act. 
‘‘(2) EVALUATION.— 
‘‘(A) IN GENERAL.—The Director, in con-
sultation with the Secretary and using the in-
formation determined under paragraph (1), 
shall annually evaluate each eligible entity car-
rying out a demonstration project under this 
section. Each evaluation shall be disaggregated 
in accordance with subparagraph (B) and in-
clude— 
‘‘(i) the extent to which the eligible 
entity has met the elements of its applica-
tion under subsection (b)(4); 
‘‘(ii) 
whether 
the 
demonstration 
project led to reduced cost, including as re-
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flected by median debt levels, or time to 
completion of a certificate or degree, and 
the amount of cost or time reduced for 
such completion; 
‘‘(iii) obstacles related to student fi-
nancial assistance for competency-based 
education; 
‘‘(iv) the extent to which statutory or 
regulatory requirements not waived or for 
which flexibility is not provided under sub-
section (e) presented difficulties or unin-
tended consequences for students or eligi-
ble entities; 
‘‘(v) a description of the waivers or 
flexibility provided under subsection (e) 
that were most beneficial to students or el-
igible entities, and an explanation of such 
benefits; 
‘‘(vi) the percentage of students who 
received each of the following— 
‘‘(I) a grant under this title; 
‘‘(II) a loan under this title; 
‘‘(III) a State grant; 
‘‘(IV) a State loan; 
‘‘(V) an institutional grant; 
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‘‘(VI) an institutional loan; 
‘‘(VII) a private loan; and 
‘‘(VIII) an employer grant or 
subsidy; 
‘‘(vii) median annual total cost and 
net cost to the student of the program; 
‘‘(viii) median total cost and net cost 
of the credential and associated examina-
tion or licensure calculated upon comple-
tion; 
‘‘(ix) median outstanding balance of 
principal and interest on loans made under 
this title that students have upon gradua-
tion; 
‘‘(x) the median 3-year adjusted co-
hort default rate as defined under section 
435(m); 
‘‘(xi) the median 1-year and 3-year re-
payment rate of loans made under this 
title; 
‘‘(xii) the median student earnings 1, 
3, and 4 years after graduation; 
‘‘(xiii) a description of the curricular 
infrastructure, including assessments of 
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student knowledge and the corresponding 
competencies; 
‘‘(xiv) a description of the role of fac-
ulty and faculty involvement; and 
‘‘(xv) outcomes of the assessments of 
student competency. 
‘‘(B) DISAGGREGATION.—The data col-
lected under clauses (vi) through (xii) shall be 
disaggregated by each group of students de-
scribed in paragraph (1)(C). 
‘‘(3) ANNUAL REPORT.—The Director, in con-
sultation with the Secretary, shall annually provide 
to the authorizing committees a report on— 
‘‘(A) the evaluations required under para-
graph (2); 
‘‘(B) the number and types of students re-
ceiving assistance under this title for com-
petency-based 
education 
programs 
offered 
under projects under this section; 
‘‘(C) any proposed statutory or regulatory 
changes designed to support and enhance the 
expansion of competency-based education pro-
grams, which may be independent of or com-
bined with traditional credit hour or clock hour 
projects; 
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‘‘(D) the most effective means of delivering 
competency-based education programs through 
projects under this section; and 
‘‘(E) the appropriate level and distribution 
methodology of Federal assistance under this 
title for students enrolled in a competency- 
based education program. 
‘‘(h) COORDINATION.—An eligible entity or the Di-
rector shall consult with the Secretary of Education or the 
Secretary of the Treasury to obtain the employment, earn-
ings, and loan information that may be necessary for pur-
poses of subsection (c)(2)(F) or subsection (g), respec-
tively. 
‘‘(i) OVERSIGHT.—In carrying out this section, the 
Secretary shall, at least twice annually— 
‘‘(1) assure compliance of eligible entities with 
the requirements of this title (other than the provi-
sions of law and regulations that are waived under 
subsection (e)); 
‘‘(2) provide technical assistance; 
‘‘(3) monitor fluctuations in the student popu-
lation enrolled in the eligible entities carrying out 
the demonstration projects under this section; 
‘‘(4) consult with appropriate accrediting agen-
cies or associations and appropriate State regulatory 
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authorities for additional ways of improving the de-
livery of competency-based education programs; and 
‘‘(5) collect and disseminate to eligible entities 
carrying out a demonstration project under this sec-
tion, best practices with respect to such projects. 
‘‘(j) DATA PRIVACY.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
person who obtains or has access to personally iden-
tifiable information pursuant to this section to 
knowingly disclose to any person (except as author-
ized in this section or any Federal law) such person-
ally identifiable information. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined under title 18, United 
States Code. 
‘‘(3) OFFICER OR EMPLOYEE OF THE UNITED 
STATES.—If any officer or employee of the United 
States violates paragraph (1), the officer or em-
ployee shall be dismissed from office or discharged 
from employment upon conviction for the violation. 
‘‘(4) LAW ENFORCEMENT.—Personally identifi-
able information collected under this section shall 
not be used for any law enforcement activity or any 
other activity that would result in adverse action 
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against any student, including debt collection activ-
ity or enforcement of the immigration laws. 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated $5,000,000 to the De-
partment to carry out the project under this section. 
‘‘(l) DEFINITIONS.—For the purpose of this section: 
‘‘(1) CAREER
PATHWAY.—The term ‘career 
pathway’ has the meaning given the term in section 
3 of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3102). 
‘‘(2) COMPETENCY.—The term ‘competency’ 
means the knowledge, skill, and abilities dem-
onstrated for a particular program of study. 
‘‘(3) COMPETENCY-BASED
EDUCATION
PRO-
GRAM.—The term ‘competency-based education pro-
gram’ means a postsecondary program that provides 
competency-based education for which the accred-
iting agency or association of the institution of high-
er education offering such program has established 
or will establish the standards described in sub-
section (c) and, in accordance with such standards— 
‘‘(A) measures academic progress and cre-
dential attainment by the assessment of student 
learning in lieu of, or in addition to, credit or 
clock hours; 
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‘‘(B) measures and assesses such academic 
progress and attainment in terms of a student’s 
mastery of competencies by identifying what 
students know and the skills mastered through 
rigorous assessment; 
‘‘(C) determines and reports to the Sec-
retary the number of credit or clock hours that 
would be needed for the attainment of a similar 
level of knowledge, skills, and characteristics in 
a standard credit or clock hour program; 
‘‘(D) provides the educational content, ac-
tivities, support, and resources necessary to en-
able students to develop and attain the com-
petencies that are required to demonstrate mas-
tery of such competencies, including a system 
for monitoring a student’s engagement and 
progress in each competency, in which faculty 
are responsible for providing proactive academic 
assistance, when needed, on the basis of such 
monitoring; 
‘‘(E) upon a student’s demonstration or 
mastery of a set of competencies identified and 
required by the institution, leads to or results 
in the awarding of a certificate or degree; 
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‘‘(F) ensures that funds received under 
this title may be used only for learning that re-
sults from instruction provided or overseen by 
the institution and not for the portion of the 
program of which the student has demonstrated 
mastery prior to enrollment in the program or 
tests of learning that are not associated with 
educational activities overseen by the institu-
tion; 
‘‘(G) is organized in a manner that an in-
stitution can determine, based on the method of 
measurement selected by the institution, and 
approved by the accreditor as described in sub-
section (c), what constitutes a full-time, three- 
quarter time, half-time, and less than half-time 
workload for the purposes of awarding and ad-
ministering assistance under this title, or assist-
ance provided under another provision of Fed-
eral law to attend an institution of higher edu-
cation; and 
‘‘(H) may use a disaggregated faculty 
model in which the educational responsibilities 
for an academic course are divided among a 
number of individuals, each performing specific 
tasks essential to instruction, including cur-
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riculum design, content delivery, and student 
assessment. 
‘‘(4) DIRECTOR.—The term ‘Director’ means 
the Director of the Institute of Education Sciences. 
‘‘(5) DUAL
OR
CONCURRENT
ENROLLMENT 
PROGRAM.—The term ‘dual or concurrent enrollment 
program’ has the meaning given the term in section 
8101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801). 
‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means an institution of higher education, which 
may be an institution of higher education that offers 
a dual or concurrent enrollment program. 
‘‘(7) FIRST GENERATION COLLEGE STUDENT.— 
The term ‘first generation college student’ has the 
meaning given the term in section 402A(h)(3). 
‘‘(8) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 102, except that 
such term does not include institutions described in 
section 102(a)(1)(C).’’. 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or the amendments made by this section shall be con-
strued to alter the authority of the Secretary of Education 
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756 
to establish experimental sites under any other provision 
of law. 
SEC. 4616. COMPETENCY-BASED EDUCATION COUNCIL. 
(a) ESTABLISHMENT
OF
A COMMITTEE
ON COM-
PETENCY-BASED EDUCATION.—Not later than 6 months 
after the date of enactment of this Act, there shall be es-
tablished the Competency-Based Education Council (re-
ferred to in this section as the ‘‘Council’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Council shall be com-
posed of— 
(A) 3 individuals appointed by the Sec-
retary of Education; 
(B) 2 individuals appointed by the Director 
of the Bureau of Consumer Financial Protec-
tion; 
(C) not less than 8 and not more than 13 
individuals appointed by the Comptroller Gen-
eral of the United States, representing— 
(i) experts in competency-based edu-
cation; 
(ii) faculty members in competency- 
based education programs; 
(iii) faculty members in non-com-
petency based education programs; 
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(iv) administrators at institutions that 
offer competency-based education pro-
grams; 
(v) individuals currently enrolled in or 
graduated from a competency-based edu-
cation program; 
(vi) accrediting agencies or associa-
tions that recognize competency-based edu-
cation programs; 
(vii) experts from State educational 
agencies; and 
(viii) business and industry represent-
atives; and 
(D) 4 members appointed by— 
(i) the majority leader of the Senate; 
(ii) the minority leader of the Senate; 
(iii) the Speaker of the House of Rep-
resentatives; and 
(iv) the minority leader of the House 
of Representatives. 
(2) CHAIRPERSON.—The Council shall select a 
Chairperson from among its members. 
(3) VACANCIES.—Any vacancy in the Council 
shall not affect the powers of the Council and shall 
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be filled in the same manner as an initial appoint-
ment. 
(c) MEETINGS.—The Council shall hold, at the call 
of the Chairperson, not less than 6 meetings before com-
pleting the study required under subsection (e) and the 
report required under subsection (f). 
(d) PERSONNEL MATTERS.— 
(1) COMPENSATION OF MEMBERS.—Each mem-
ber of the Council shall serve without compensation 
in addition to any such compensation received for 
the member’s service as an officer or employee of the 
United States, if applicable. 
(2) TRAVEL EXPENSES.—The members of the 
Council shall be allowed travel expenses, including 
per diem in lieu of subsistence, at rates authorized 
for employees of agencies under subchapter 1 of 
chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business 
in the performance of services for the Council. 
(e) DUTIES OF THE COUNCIL.— 
(1) STUDY.—The Council shall conduct a study 
on the ongoing innovation and development of com-
petency-based education programs. 
(2) RECOMMENDATIONS.—Based on the find-
ings of the study under paragraph (1), and the an-
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nual evaluations of the demonstration projects under 
section 486C of the Higher Education Act of 1965, 
as added by section 4613 of this Act, the Council 
shall develop recommendations for the authorization 
of competency-based education under the Higher 
Education Act of 1965, including recommendations 
that— 
(A) provide or update standard definitions, 
if needed, for relevant terms, including— 
(i) competency-based education; 
(ii) competency-based education pro-
gram including quality indicators, that in-
clude appropriate student outcome metrics, 
for such programs; and 
(iii) any other relevant definitions 
agreed upon; and 
(B) address— 
(i) the amount of learning in a com-
petency unit; 
(ii) the transfer of competency-based 
education credits to other institutions or 
programs; 
(iii) the minimum amount of time in 
an academic year for competency-based 
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791 
come-based repayment plans under this section 
that are equivalent to the procedures carried 
out under section 455(e)(9) with respect to in-
come contingent repayment plans.’’. 
(c) INCOME-BASED REPAYMENT.—Section 493C of 
the Higher Education Act of 1965 (20 U.S.C. 1098e) is 
amended by adding at the end the following: 
‘‘(f) INCOME-BASED REPAYMENT FOR NEW LOANS 
ON AND AFTER JULY 1, 2021, AND FOR BORROWERS 
WHO ENTER INCOME-BASED REPAYMENT AFTER JUNE 
30, 2021.— 
‘‘(1) IN
GENERAL.—The income-based repay-
ment plan under this subsection shall be carried out 
in accordance with this section, except as otherwise 
specified in this subsection— 
‘‘(A) with respect to any loan made under 
part D on or after July 1, 2021, if such bor-
rower elects such income-based repayment plan 
for the loan; and 
‘‘(B) with respect to any loan made, in-
sured, or guaranteed under part B or D on or 
before June 30, 2021, if such borrower elects to 
repay the loan under such income-based repay-
ment plan on or after July 1, 2021. 
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792 
‘‘(2) SPECIAL
TERMS.—Notwithstanding any 
other provision of this section, with respect to a loan 
described under paragraph (1), the following terms 
shall apply to the income-based repayment plan 
under this subsection: 
‘‘(A)(i) 
Notwithstanding 
subsection 
(a)(3)(B), the repayment amount under this 
subsection shall be an amount equal to 10 per-
cent of the result obtained by calculating, on at 
least an annual basis, the amount by which the 
adjusted gross income of the borrower (subject 
to clause (ii)) exceeds the applicable percentage 
of the poverty line in accordance with clause 
(iii). 
‘‘(ii)(I) Subject to subclause (II), in the 
case of a married borrower (regardless of tax 
filing status), clause (i) shall be applied by sub-
stituting ‘the adjusted gross income of the bor-
rower and the borrower’s spouse’ for ‘the ad-
justed gross income of the borrower’. 
‘‘(II) Subclause (I) shall not be applicable 
to any borrower who is married and who cer-
tifies to the Secretary through a form approved 
by the Secretary that the borrower is— 
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