[Congressional Record Volume 168, Number 184 (Wednesday, November 30, 2022)]
[Senate]
[Pages S6906-S6910]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Ms. Warren, and Ms. Smith):
  S. 5155. A bill to establish the Proprietary Education Interagency 
Oversight Coordination Committee and facilitate the disclosure and 
reporting of information regarding complaints and investigations 
related to proprietary institutions of higher education eligible to 
receive Federal education assistance; to the Committee on Health, 
Education, Labor, and Pensions.

[[Page S6907]]

  

  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 5155

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Proprietary Education 
     Interagency Oversight Coordination Improvement Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Accrediting agency.--The term ``accrediting agency'' 
     means a private educational association that acts as a 
     reliable authority on the quality of education or training 
     provided by an institution of higher education and is 
     recognized by the Secretary of Education under section 496 of 
     the Higher Education Act of 1965 (20 U.S.C. 1099b).
       (2) Executive officer.--The term ``executive officer'', 
     with respect to a proprietary institution of higher education 
     that is a publicly traded corporation, means--
       (A) the president of such corporation;
       (B) a vice president of such corporation who is in charge 
     of a principal business unit, division, or function of such 
     corporation, such as sales, administration, or finance; or
       (C) any other officer or person who performs a policy 
     making function for such corporation, including an executive 
     officer of a subsidiary of the corporation if the officer 
     performs a policy making function for the corporation.
       (3) Federal education assistance.--The term ``Federal 
     education assistance'' when used with respect to a 
     proprietary institution of higher education, means Federal 
     funds that are disbursed or delivered to or on behalf of a 
     student to be used for tuition, fees, instruction, or any 
     component of the student's cost of attendance (as defined in 
     section 472 of the Higher Education Act of 1965 (20 U.S.C. 
     1087ll)) to attend such institution.
       (4) Institutional debt.--The term ``institutional debt'' 
     means any debt owed by a student or the parent of a student 
     to an institution of higher education, including--
       (A) debt owed through a private loan program or income 
     share agreement operated by the institution;
       (B) debt owed from a return of student assistance made, 
     insured, or guaranteed under title IV of the Higher Education 
     Act 1965 (20 U.S.C. 1070 et seq.) to the Department of 
     Education; and
       (C) debt owed from the student's nonpayment of 
     institutional charges or fees.
       (5) Private education loan.--The term ``private education 
     loan'' means--
       (A) a loan provided by a private educational lender (as 
     defined in section 140(a) of the Truth in Lending Act (15 
     U.S.C. 1650(a))) that--
       (i) is not made, insured, or guaranteed under title IV of 
     the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
       (ii) is issued expressly for postsecondary educational 
     expenses to a borrower, regardless of whether the loan is 
     provided through the educational institution that the subject 
     student attends or directly to the borrower from the private 
     educational lender (as so defined); and
       (iii) is not made, insured, or guaranteed under title VII 
     or title VIII of the Public Health Service Act (42 U.S.C. 292 
     et seq. and 296 et seq.); and
       (B) does not include an extension of credit under an open 
     end consumer credit plan, a reverse mortgage transaction, a 
     residential mortgage transaction, or any other loan that is 
     secured by real property or a dwelling.
       (6) Proprietary institution of higher education.--The term 
     ``proprietary institution of higher education'' has the 
     meaning given the term in section 102(b) of the Higher 
     Education Act of 1965 (20 U.S.C. 1002(b)).
       (7) Recruiting and marketing activities.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``recruiting and marketing activities'' means 
     activities that consist of the following:
       (i) Advertising and promotion activities, including paid 
     announcements in newspapers, magazines, radio, television, 
     billboards, electronic media, naming rights, or any other 
     public medium of communication, including paying for displays 
     or promotions at job fairs, military installations, or 
     college recruiting events, that are made directly or 
     indirectly to a student, a prospective student, the public, 
     an accrediting agency, a State agency, or to the Secretary by 
     an institution of higher education, one of its 
     representatives, or any person with whom the institution has 
     an agreement to provide educational programs, advertising, or 
     admissions services.
       (ii) Misleading statement, misrepresentation, and 
     substantial misrepresentation (as defined in section 
     668.71(c) of title 34, Code of Federal Regulations, or any 
     successor regulation).
       (iii) Efforts to identify and attract prospective students, 
     either directly or through a contractor or other third party, 
     including contact concerning a prospective student's 
     potential enrollment or application for a grant, a loan, or 
     work assistance under title IV of the Higher Education Act of 
     1965 (20 U.S.C. 1070 et seq.) or participation in 
     preadmission or advising activities, including soliciting an 
     individual to provide contact information to an institution 
     of higher education, including through websites established 
     for such purpose and funds paid to third parties for such 
     purpose.
       (iv) Such other activities as the Secretary of Education 
     may prescribe, including paying for promotion or sponsorship 
     of education or military-related associations.
       (B) Exceptions.--Any activity that is required as a 
     condition of receipt of funds by an institution under title 
     IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 
     seq.), is specifically authorized under such title, or is 
     otherwise specified by the Secretary of Education, shall not 
     be considered to be a recruiting and marketing activity under 
     subparagraph (A).
       (8) State approval agency.--The term ``State approval 
     agency'' means any State agency that determines whether an 
     institution of higher education is legally authorized within 
     such State to provide a program of education beyond secondary 
     education.
       (9) Veterans service organization.--The term ``veterans 
     service organization'' means an organization that is--
       (A) recognized by the Secretary of Veterans Affairs for the 
     representation of veterans under section 5902 of title 38, 
     United States Code;
       (B) congressionally chartered under title 36, United States 
     Code, and serves or represents veterans;
       (C) recognized by the Secretary of Veteran Affairs under 
     section 14.628 of title 38, Code of Federal Regulations (or a 
     successor regulation), as a national organization, State 
     organization, tribal organization, or regional or local 
     organization; or
       (D) an organization that has a record of demonstrating 
     expertise in, assists in, or serves the interests of veterans 
     in education.

     SEC. 3. ESTABLISHMENT OF COMMITTEE.

       (a) Establishment.--There is established a committee to be 
     known as the ``Proprietary Education Interagency Oversight 
     Coordination Committee'' (referred to in this Act as the 
     ``Committee'') and to be composed of the head (or the 
     designee of such head who is designated under subsection (d)) 
     of each of the following Federal entities:
       (1) The Department of Education.
       (2) The Consumer Financial Protection Bureau.
       (3) The Department of Justice.
       (4) The Securities and Exchange Commission.
       (5) The Department of Defense.
       (6) The Department of Veterans Affairs.
       (7) The Federal Trade Commission.
       (8) The Department of Labor.
       (9) The Internal Revenue Service.
       (10) At the discretion of the President, any other relevant 
     Federal agency or department.
       (b) Purposes.--The Committee shall have the following 
     purposes:
       (1) To improve enforcement of applicable Federal laws and 
     regulations.
       (2) To increase accountability of proprietary institutions 
     of higher education to students and taxpayers.
       (3) To ensure the promotion of quality education programs.
       (4) To reduce and prevent fraud and abuse by proprietary 
     institutions of higher education.
       (c) Responsibilities.--To meet the purposes described in 
     subsection (b), the Committee shall have the following 
     responsibilities:
       (1) Coordinate administrative oversight of proprietary 
     institutions of higher education--
       (A) such that the Federal agencies represented on the 
     Committee may develop a memorandum of understanding to 
     specify responsibilities of each such Federal agency in 
     creating the report under section 6;
       (B) to encourage information sharing among the Federal 
     agencies related to Federal investigations, audits, or 
     inquiries of proprietary institutions of higher education; 
     and
       (C) to increase coordination and cooperation between 
     Federal and State agencies, including State Attorneys General 
     and State approval agencies, with respect to improving 
     oversight and accountability of proprietary institutions of 
     higher education.
       (2) Synthesize cross-agency industry data on proprietary 
     institutions of higher education to--
       (A) develop an annual report under section 6;
       (B) publish a ``For-Profit College Warning List for Parents 
     and Students'', in accordance with section 7; and
       (C) develop consistency among Federal and State agencies in 
     the dissemination of consumer information regarding 
     proprietary institutions of higher education to ensure that 
     students, parents, and other stakeholders have easy access to 
     such information.
       (d) Membership.--
       (1) Designees.--The head of a Federal entity described in 
     subsection (a) may designate a high ranking official of the 
     entity to serve as a designee on the Committee. The designee 
     shall be, whenever possible, the head of the portion of the 
     entity that is most relevant to the purposes described in 
     subsection (b).
       (2) Chairperson.--The Secretary of Education or the 
     designee of such Secretary shall serve as the Chairperson of 
     the Committee.
       (3) Committee support.--The Chairperson of the Committee 
     shall ensure appropriate

[[Page S6908]]

     staff and officials at the Department of Education are 
     available to support Committee-related work.

     SEC. 4. MEETINGS AND ADVISORY COMMITTEE.

       (a) Committee Meetings.--The members of the Committee shall 
     meet regularly, but not less than once during each quarter of 
     each fiscal year, to carry out the purposes described in 
     section 3(b) and responsibilities described in section 3(c).
       (b) Proprietary Education Oversight Advisory Committee.--
       (1) In general.--The Committee shall establish a 
     Proprietary Education Oversight Advisory Committee to advise 
     the Proprietary Education Interagency Oversight Coordination 
     Committee that meets not less than twice each fiscal year.
       (2) FACA applicability.--The activities of the Proprietary 
     Education Oversight Advisory Committee shall be subject to 
     the provisions of the Federal Advisory Committee Act (5 
     U.S.C. App.).
       (3) Membership.--The Proprietary Education Oversight 
     Advisory Committee shall be composed of the following 
     members:
       (A) State Attorneys General.
       (B) Representatives from State approval agencies.
       (C) Representatives from veterans service organizations.
       (D) Representatives from accrediting agencies.
       (E) Representatives from civil rights organizations.
       (F) Representatives from proprietary institutions of higher 
     education.
       (G) Consumer advocates.
       (H) Any additional stakeholders deemed relevant by the 
     Proprietary Education Interagency Oversight Coordination 
     Committee to provide input and information to enable the 
     Proprietary Education Interagency Oversight Coordination 
     Committee to carry out the purposes described in section 3(b) 
     and responsibilities in section 3(c).

     SEC. 5. COLLECTION AND TRACKING OF COMPLAINTS.

       (a) In General.--In consultation with the Committee, the 
     Secretary of Education shall establish a single, toll-free 
     telephone number, a website, and a database (or utilize an 
     existing database) to facilitate the centralized collection 
     of, monitoring of, and response to student complaints 
     regarding the services or activities of any proprietary 
     institution of higher education eligible for Federal 
     education assistance. The Committee shall coordinate with the 
     Federal agencies represented on the Committee to route 
     complaints to such agencies, where appropriate.
       (b) Routing Calls to States.--To the extent practicable, 
     State approval agencies may receive appropriate complaints 
     from the systems established under subsection (a), if--
       (1) the State approval agency system has the functional 
     capacity to receive calls or electronic reports routed by the 
     Department of Education systems;
       (2) the State approval agency has satisfied any conditions 
     of participation in the system that the Department of 
     Education may establish, including treatment of personally 
     identifiable information and sharing of information on 
     complaint resolution or related compliance procedures and 
     resources; and
       (3) participation by the State approval agency includes 
     measures necessary to provide for protection of personally 
     identifiable information that conform to the standards for 
     protection of the confidentiality of personally identifiable 
     information and for data integrity and security that apply to 
     the Federal agencies described in subsection (c).
       (c) Data Sharing Required.--To facilitate preparation of 
     the reports required under section 6, supervision and 
     enforcement activities, and monitoring of the market for 
     educational services provided by any proprietary institution 
     of higher education eligible for Federal education 
     assistance, the Committee members shall share student 
     complaint information with accrediting agencies, the Federal 
     Trade Commission, other Federal agencies, and State agencies, 
     subject to the standards applicable to Federal agencies for 
     protection of the confidentiality of personally identifiable 
     information and for data security and integrity. The 
     accrediting agencies, the Federal Trade Commission, and other 
     Federal agencies shall share data relating to student 
     complaints regarding educational services provided by any 
     proprietary institution of higher education with the 
     Department of Education, subject to the standards applicable 
     to Federal agencies for protection of confidentiality of 
     personally identifiable information and for data security and 
     integrity.

     SEC. 6. REPORT.

       (a) In General.--The Committee shall submit an annual 
     report to the Committee on Health, Education, Labor, and 
     Pensions of the Senate, the Committee on Education and Labor 
     of the House of Representatives, and any other committee of 
     Congress that the Committee determines appropriate.
       (b) Public Access.--The report described in subsection (a) 
     shall be made available to the public in a manner that is 
     easily accessible to parents, students, and other 
     stakeholders.
       (c) Contents.--
       (1) In general.--The report shall include--
       (A) a description of the role of each member of the 
     Committee in achieving the purposes described in section 
     3(b);
       (B) an accounting of any action taken by the Federal 
     Government, any member entity of the Committee, or a State to 
     enforce Federal or State laws and regulations applicable to a 
     proprietary institution of higher education;
       (C) a summary of complaints received, resolved, or pending 
     against each proprietary institution of higher education 
     during the applicable year, including--
       (i) student complaints collected by the complaint system 
     established under section 5 or received by any member entity 
     of the Committee;
       (ii) any complaint filed by a Federal or State agency in a 
     Federal, State, local, or tribal court;
       (iii) any administrative proceeding by a Federal or State 
     agency involving noncompliance of any applicable law or 
     regulation;
       (iv) any other review, audit, or administrative process by 
     any Federal or State agency that results in a penalty, 
     suspension, or termination from any Federal or State program; 
     and
       (v) any complaint, review, audit, or administrative process 
     initiated against the proprietary institution of higher 
     education by an accrediting agency or any adverse action 
     taken by an accrediting agency during the applicable year;
       (D) the data described in paragraph (2) and any other data 
     relevant to proprietary institutions of higher education that 
     the Committee determines appropriate; and
       (E) recommendations of the Committee for such legislative 
     and administrative actions as the Committee determines are 
     necessary to--
       (i) improve enforcement of applicable Federal laws;
       (ii) increase accountability of proprietary institutions of 
     higher education to students and taxpayers;
       (iii) reduce and prevent fraud and abuse by proprietary 
     institutions of higher education; and
       (iv) ensure the promotion of quality education programs.
       (2) Data.--
       (A) Industry-wide data.--The report shall include data on 
     all proprietary institutions of higher education that 
     consists of information regarding--
       (i) the total amount of Federal education assistance that 
     proprietary institutions of higher education received for the 
     previous academic year, and the percentage of the total 
     amount of Federal education assistance provided to 
     institutions of higher education (as defined in section 102 
     of the Higher Education Act of 1965 (20 U.S.C. 1002)) for 
     such previous academic year that reflects such total amount 
     of Federal education assistance provided to proprietary 
     institutions of higher education for such previous academic 
     year;
       (ii) the total amount of Federal education assistance that 
     proprietary institutions of higher education received for the 
     previous academic year, disaggregated by--

       (I) educational assistance in the form of a loan provided 
     under title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1070 et seq.);
       (II) educational assistance in the form of a grant provided 
     under title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1070 et seq.);
       (III) educational assistance provided under chapter 33 of 
     title 38, United States Code;
       (IV) assistance for tuition and expenses under section 2007 
     of title 10, United States Code;
       (V) assistance provided under section 1784a of title 10, 
     United States Code; and
       (VI) Federal education assistance not described in 
     subclauses (I) through (V);

       (iii) the percentage of the total amount of Federal 
     education assistance provided to institutions of higher 
     education (as defined in section 102 of the Higher Education 
     Act of 1965 (20 U.S.C. 1002)) for such previous academic year 
     for each of the programs described in subclauses (I) through 
     (VI) of clause (ii) that reflects such total amount of 
     Federal education assistance provided to proprietary 
     institutions of higher education for such previous academic 
     year for each of such programs;
       (iv) the average retention and graduation rates for 
     students pursuing a degree at proprietary institutions of 
     higher education;
       (v) the average cohort default rate (as defined in section 
     435(m) of the Higher Education Act of 1965 (20 U.S.C. 
     1085(m)) for proprietary institutions of higher education, 
     and list of each cohort default rate for each proprietary 
     institution of higher education;
       (vi) the average pre-enrollment expenditures on a per-
     enrolled-student basis, including expenditures on recruiting 
     and marketing activities;
       (vii) the average educational and general expenditures (as 
     defined in section 502 of the Higher Education Act of 1965 
     (20 U.S.C. 1101a)) per student, excluding all pre-enrollment 
     expenditures;
       (viii) for careers requiring the passage of a licensing 
     examination--

       (I) the passage rate of individuals who attended a 
     proprietary institution of higher education taking such 
     examination to pursue such a career; and
       (II) the passage rate of all individuals taking such exam 
     to pursue such a career; and

       (ix) the use of private education loans at proprietary 
     institutions of higher education that includes--

       (I) an estimate of the total number of such loans;
       (II) information on the average debt, default rate, and 
     interest rate of such loans; and

[[Page S6909]]

       (III) the names of each lender providing private education 
     loans to borrowers with respect to each proprietary 
     institution of higher education in the prior academic year, 
     including--

       (aa) the number of borrowers receiving loans from each 
     lender; and
       (bb) the volume of dollars provided to borrowers with 
     respect to the proprietary institution of higher education by 
     each lender.
       (B) Data on publicly traded corporations.--
       (i) In general.--The report shall include data on 
     proprietary institutions of higher education that are 
     publicly traded corporations, consisting of information on--

       (I) any pre-tax profit of such proprietary institutions of 
     higher education--

       (aa) reported as a total amount and an average percent of 
     revenue for all such proprietary institutions of higher 
     education; and
       (bb) reported for each such proprietary institution of 
     higher education;

       (II) revenue for such proprietary institutions of higher 
     education spent on recruiting and marketing activities, 
     student instruction, and student support services, reported--

       (aa) as a total amount and an average percent of revenue 
     for all such proprietary institutions of higher education; 
     and
       (bb) for each such proprietary institution of higher 
     education;

       (III) total compensation packages of the executive officers 
     of each such proprietary institution of higher education;
       (IV) a list of institutional loan programs offered by each 
     such proprietary institution of higher education that 
     includes information on the default and interest rates of 
     such programs; and
       (V) the data described in clauses (ii) and (iii).

       (ii) Disaggregated by ownership.--The report shall include 
     data on proprietary institutions of higher education that are 
     publicly traded corporations, disaggregated by corporate or 
     parent entity, brand name, and campus, consisting of--

       (I) the average total cost of attendance at each such 
     proprietary institution of higher education, and information 
     comparing such total cost for each such program to--

       (aa) the average total cost of attendance--
       (AA) at each public institution of higher education; and
       (BB) at each public institution of higher education that 
     offers the same level of education degree or certification as 
     the proprietary institution of higher education; and
       (bb) the average total cost of attendance--
       (AA) at all institutions of higher education, including 
     such institutions that are public and such institutions that 
     are private; and
       (BB) at all institutions of higher education that offer the 
     same level of education degree or certification as the 
     proprietary institution of higher education, including such 
     institutions that are public and such institutions that are 
     private;

       (II) total enrollment, disaggregated by--

       (aa) individuals enrolled in programs taken online;
       (bb) individuals enrolled in programs that are not taken 
     online; and
       (cc) individuals enrolled in programs taken both online and 
     not online;

       (III) the average retention and graduation rates for 
     students pursuing a degree at such proprietary institutions 
     of higher education;
       (IV) the percentage of students enrolled in such 
     proprietary institutions of higher education who complete a 
     program of such an institution within--

       (aa) the standard period of completion for such program; 
     and
       (bb) a period that is 150 percent of such standard period 
     of completion;

       (V) the average total cost of attendance for each program 
     at such proprietary institutions of higher education;
       (VI) the average cohort default rate, as defined in section 
     435(m) of the Higher Education Act of 1965 (20 U.S.C. 
     1085(m)), for such proprietary institutions of higher 
     education, and an annual list of cohort default rates (as so 
     defined) for all proprietary institutions of higher 
     education;
       (VII) the median Federal educational debt incurred by 
     students who complete a program at such a proprietary 
     institution of higher education;
       (VIII) the median Federal educational debt incurred by 
     students who start but do not complete a program at such a 
     proprietary institution of higher education;
       (IX) the job placement rate for students who complete a 
     program at such a proprietary institution of higher education 
     and the type of employment obtained by such students;
       (X) for careers requiring the passage of a licensing 
     examination, the rate of individuals who attended such a 
     proprietary institution of higher education and passed such 
     an examination;
       (XI) the number of complaints from students enrolled in 
     such proprietary institutions of higher education who have 
     submitted a complaint to any member entity of the Committee; 
     and
       (XII) the volume of institutional debt, number of students 
     who owe institutional debts, and average amount of 
     institutional debt owed by each student.

       (iii) Department of defense and veterans affairs 
     assistance.--

       (I) In general.--To the extent practicable, the report 
     shall provide information on the data described in clause 
     (ii) for individuals using, to pay for the costs of attending 
     such a proprietary institution of higher education, Federal 
     education assistance provided under--

       (aa) chapter 33 of title 38, United States Code;
       (bb) section 2007 of title 10, United States Code; and
       (cc) section 1784a of title 10, United States Code.

       (II) Revenue.--The report shall provide information on the 
     revenue of proprietary institutions of higher education that 
     are publicly traded corporations that is derived from the 
     Federal education assistance described in subclause (I).

       (C) Comparison data.--To the extent practicable, the report 
     shall provide information comparing the data described in 
     subparagraph (B) for proprietary institutions of higher 
     education that are publicly traded corporations with such 
     data for public institutions of higher education 
     disaggregated by State.
       (3) Accounting of any action.--For the purposes of 
     paragraph (1)(B), the term ``any action'' shall include--
       (A) a complaint filed by a Federal or State agency in a 
     local, State, Federal, or tribal court;
       (B) an administrative proceeding by a Federal or State 
     agency involving noncompliance of any applicable law or 
     regulation; or
       (C) any other review, audit, or administrative process by 
     any Federal or State agency that results in a penalty, 
     suspension, or termination from any Federal or State program.

     SEC. 7. FOR-PROFIT COLLEGE WARNING LIST FOR PARENTS AND 
                   STUDENTS.

       (a) In General.--Each academic year, the Secretary of 
     Education on behalf of the Committee shall publish a list to 
     be known as the ``For-Profit College Warning List for Parents 
     and Students'' to be comprised of proprietary institutions of 
     higher education--
       (1) that have been sued for financial relief by a Federal 
     or State authority, or through a qui tam action in which the 
     Federal government has intervened;
       (2) that are required to pay a debt or incur a liability 
     from a settlement, arbitration proceeding, or final judgment 
     in a judicial proceeding with a Federal or State agency and 
     the case addresses misrepresentation, fraud, liability under 
     sections 3729 through 3733 of title 31, United States Code 
     (commonly known as the ``False Claims Act''), or other 
     borrower defense to repayment claims;
       (3) that have pending claims for borrower relief discharge 
     under the borrower defense to repayment regulations from 
     students or former students of the institution and the 
     Secretary of Education has formed a group process to consider 
     the claims;
       (4) that have had any eligibility for participation 
     withdrawn or suspended with respect to--
       (A) educational assistance in the form of a loan provided 
     under title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1070 et seq.);
       (B) educational assistance in the form of a grant provided 
     under title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1070 et seq.);
       (C) educational assistance provided under chapter 33 of 
     title 38, United States Code;
       (D) assistance for tuition and expenses under section 2007 
     of title 10, United States Code;
       (E) assistance provided under section 1784a of title 10, 
     United States Code; or
       (F) Federal education assistance not described in 
     subparagraphs (A) through (E); or
       (5) that have been deemed ineligible to receive Federal 
     education assistance for the next year or required to repay 
     Federal education assistance previously received in 
     applicable report year.
       (b) Summary.--The For-Profit College Warning List for 
     Parents and Students shall include a summary in plain 
     language of the basis of each proprietary institution of 
     higher education's inclusion on the list.
       (c) Procedures.--The Committee shall establish and apply 
     review procedures for the For-Profit College Warning List for 
     Parents and Students, including evaluation and withdrawal 
     proceedings that provide--
       (1) for adequate written specification of--
       (A) the procedure for identifying proprietary intuitions of 
     higher education for inclusion on the list; and
       (B) identified deficiencies at the proprietary institutions 
     of higher education; and
       (2) for sufficient opportunity for a written response by a 
     proprietary institution of higher education regarding any 
     deficiencies identified by the Committee--
       (A) within a timeframe determined by the Committee; and
       (B) prior to the final publication of the For-Profit 
     College Warning List for Parents and Students.
       (d) Publication.--Not later than July 1 of each fiscal 
     year, on behalf of the Committee, the Secretary of Education 
     shall publish the For-Profit College Warning List for Parents 
     and Students prominently and in a manner that is easily 
     accessible to parents, current students, prospective 
     students, and other stakeholders. The Secretary of Education 
     may incorporate the For-Profit College Warning List for 
     Parents and Students into preexisting, widely-used platforms.

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