Proprietary Education Oversight Advisory Committee
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(a) In general The Department shall establish a Proprietary Education Oversight Advisory Committee (referred to in this Act as the Advisory Committee) to advise the Committee. The Advisory Committee shall meet not less often than twice each fiscal year. (b) FACA applicability The Advisory Committee shall be subject to chapter 10 of title 5, United States Code (commonly referred to as the Federal Advisory Committee Act). (c) Membership (1) In general The Advisory Committee shall have 13 members, of which— (A) 4 members shall be representatives from State attorneys general— (i) 2 of whom shall be appointed by the Speaker of the House of Representatives, 1 of whom shall be appointed on the recommendation of the majority leader of the House of Representatives, and 1 of whom shall be appointed on the recommendation of the minority leader of the House of Representatives; and (ii) 2 of whom shall be appointed by the President pro tempore of the Senate, 1 of whom shall be appointed on the recommendation of the majority leader of the Senate, and 1 of whom shall be appointed on the recommendation of the minority leader of the Senate; and (B) 9 members shall be appointed by the Secretary, of whom— (i) 1 member shall be a representative from a State approval agency; (ii) 1 member shall be a representative from a veterans service organization; (iii) 1 member shall be a representative from an accrediting agency; (iv) 1 member shall be a representative from a civil rights organization; (v) 1 member shall be a representative from a proprietary institution of higher education; (vi) 1 member shall be a current student of a proprietary institution of higher education who is a dependent student; (vii) 1 member shall be a current student of a proprietary institution of higher education who is an independent student; (viii) 1 member shall be a representative from a consumer advocate organization; and (ix) 1 member shall be a representative from a legal assistance organization that represents students or borrowers. (2) Qualifications Individuals shall be appointed as members of the Advisory Committee— (A) on the basis of the individuals' experience, integrity, impartiality, and good judgment; and (B) on the basis of the individuals' technical qualifications, professional standing, and demonstrated knowledge in the field of proprietary education. (3) Terms of members The term of office of each member of the Advisory Committee shall be for 6 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of such term. (4) Vacancy A vacancy on the Advisory Committee shall be filled in the same manner as the original appointment was made not later than 90 days after the vacancy occurs. If a vacancy occurs in a position to be filled by the Secretary, the Secretary shall publish a Federal Register notice soliciting nominations for the position not later than 30 days after being notified of the vacancy. (d) Duties The Advisory Committee shall provide advice and recommendations to the Committee with respect to— (1) complaints filed against proprietary institutions of higher education with State attorneys general or State approval agencies; (2) State enforcement actions against proprietary institutions of higher education; (3) minority enrollment in proprietary institutions of higher education; (4) veteran enrollment in proprietary institutions of higher education; (5) outcome measures at proprietary institutions of higher education, including— (A) graduation rates; (B) percent of graduates earning more than a high school graduate; (C) licensure pass rates; and (D) percent of graduates working in a field related to their degree; (6) student loan burden from enrollment at proprietary institutions of higher education, including— (A) median amount owed disaggregated by degree type; (B) cohort default rate; (C) percent of students in repayment; and (D) annual debt-to-earnings rates, as calculated under section 668.403 of title 34, Code of Federal Regulations, or any successor regulation; (7) marketing and recruitment practices at proprietary institutions of higher education; (8) per pupil expenditure for instructional purposes at proprietary institutions of higher education; (9) enforcement actions the Federal Government should take against proprietary institutions of higher education; and (10) preparation of the report under section 6. (e) Sharing of data from complaints To carry out the duties described under subsection (d), the Advisory Committee may share among the members of the Advisory Committee and the Committee information from complaints filed against proprietary institutions of higher education consistent with the protection of the privacy and confidentiality of personally identifiable information.