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139 STAT. 355 PUBLIC LAW 119–21—JULY 4, 2025 ‘‘(A) first, aggregate additional years of programmatic data in order to achieve a cohort of at least 30 individuals; and ‘‘(B) second, in cases in which the cohort (including the individuals added under subparagraph (A)) is still fewer than 30 individuals, aggregate additional cohort years of programmatic data for educational programs of equivalent length in order to achieve a cohort of at least 30 individuals. ‘‘(5) APPEALS PROCESS.—An educational program shall not lose eligibility under this subsection unless the institution has had the opportunity to appeal the programmatic median earnings of students working and not enrolled determination under paragraph (2), through a process established by the Secretary. During such appeal, the Secretary may permit the educational program to continue to participate in the program under this part. ‘‘(6) NOTICE TO STUDENTS.— ‘‘(A) IN GENERAL.—If an educational program of an institution of higher education subject to this subsection does not meet the cohort median earning requirements, as described in paragraph (2), for one year during the applicable covered period but has not yet failed to meet such requirements for 2 years during such covered period, the institution shall promptly inform each student enrolled in the educational program of the eligible program’s low cohort median earnings and that the educational program is at risk of losing its eligibility for funds under this part. ‘‘(B) COVERED PERIOD.—In this paragraph, the term ‘covered period’ means the period of the 3 years imme- diately preceding the date of a determination made under paragraph (2). ‘‘(7) REGAINING PROGRAMMATIC ELIGIBILITY.—The Secretary shall establish a process by which an institution of higher education that has an educational program that has lost eligi- bility under this subsection may, after a period of not less than 2 years of such program’s ineligibility, apply to regain such eligibility, subject to the requirements established by the Secretary that further the purpose of this subsection.’’. Subtitle F—Regulatory Relief SEC. 85001. DELAY OF RULE RELATING TO BORROWER DEFENSE TO REPAYMENT. (a) DELAY.—Beginning on the date of enactment of this section, for loans that first originate before July 1, 2035, the provisions of subpart D of part 685 of title 34, Code of Federal Regulations (relating to borrower defense to repayment), as added or amended by the final regulations published by the Department of Education on November 1, 2022, and titled ‘‘Institutional Eligibility Under the Higher Education Act of 1965, as Amended; Student Assistance General Provisions; Federal Perkins Loan Program; Federal Family Education Loan Program; and William D. Ford Federal Direct Loan Program’’ (87 Fed. Reg. 65904) shall not be in effect. (b) EFFECT.—Beginning on the date of enactment of this section, with respect to loans that first originate before July 1, 2035, any regulations relating to borrower defense to repayment that took Effective dates. Process. Definition.