Sec. 305. Program participation agreements for proprietary institutions of higher education
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Section 487 of the Higher Education Act of 1965 ( 20 U.S.C. 1094 ) is amended— in subsection (a)(24)— by inserting that receives funds provided under this title before , such institution ; and by striking other than funds provided under this title, as calculated in accordance with subsection (d)(1) and inserting other than Federal educational assistance, as defined in subsection (d)(5) and calculated in accordance with subsection (d)(1) ; and in subsection (d)— in the subsection heading, by striking and inserting Non-Title IV ;
Non-Federal educational in paragraph (1)— in the matter preceding subparagraph (A), by inserting that receives funds provided under this title before shall ; in subparagraph (B)— in clause (i), by striking assistance under this title and inserting Federal educational assistance ; and in clause (ii)(I), by inserting , or on a military base if the administering Secretary for a program of Federal educational assistance under clause (ii), (iii), or
(iv)of paragraph (5)(B) has authorized such location before the semicolon; in subparagraph (C), by striking program under this title and inserting program of Federal educational assistance ; in subparagraph (E), by striking funds received under this title and inserting Federal educational assistance ; and in subparagraph (F)— in clause (iii), by striking under this title and inserting of Federal educational assistance ; and in clause (iv), by striking under this title and inserting of Federal educational assistance ; in paragraph (2)— by striking subparagraph
(A)and inserting the following: Notwithstanding any other provision of law, a proprietary institution of higher education receiving funds provided under this title that fails to meet a requirement of subsection (a)(24) for two consecutive institutional fiscal years shall be ineligible to participate in or receive funds under any program of Federal educational assistance for a period of not less than two institutional fiscal years. To regain eligibility to participate in or receive funds under any program of Federal educational assistance after being ineligible pursuant to clause (i), a proprietary institution of higher education shall demonstrate compliance with all eligibility and certification requirements for the program for a minimum of two consecutive institutional fiscal years after the institutional fiscal year in which the institution became ineligible. In order to regain eligibility to participate in any program of Federal educational assistance under this title, such compliance shall include meeting the requirements of section 498 for such 2-year period. The Secretary of Education shall determine when a proprietary institution of higher education that receives funds under this title is ineligible under clause
(i)and shall notify all other administering Secretaries of the determination. Each administering Secretary for a program of Federal educational assistance shall enforce the requirements of this subparagraph for the program concerned upon receiving notification under clause
(iii)of a proprietary institution of higher education's ineligibility. ; and in subparagraph (B)— in the matter preceding clause (i)— by striking In addition and all that follows through education fails and inserting Notwithstanding any other provision of law, in addition to such other means of enforcing the requirements of a program of Federal educational assistance as may be available to the administering Secretary, if a proprietary institution of higher education that receives funds provided under this title fails ; and by striking the programs authorized by this title and inserting all programs of Federal educational assistance ; and in clause (i), by inserting with respect to a program of Federal educational assistance under this title, before on the expiration date ; in paragraph (4)(A), by striking sources under this title and inserting Federal educational assistance ; and by adding at the end the following: In this subsection: The term administering Secretary means the Secretary of Education, the Secretary of Defense, the Secretary of Veterans Affairs, the Secretary of Homeland Security, or the Secretary of a military department responsible for administering the Federal educational assistance concerned. The term Federal educational assistance means funds provided under any of the following provisions of law: This title. Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. Section 1784a of title 10, United States Code. .
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Sec. 305
Program participation agreements for proprietary institutions of higher education
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