; and (bb) no Federal educational assistance shall be paid to the institution or on behalf of a student or to a student to be used to attend the institution unless the enrollment total at the institution for the academic year that is subsequent to the year of the second consecutive failure is equal to or less than the enrollment total of the previous academic year. (III) If the failure to meet the requirement of subsection (a)(24) is the third consecutive failure, the institution 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. (ii) Regaining eligibility For a proprietary institution of higher education to regain eligibility to participate in or receive funds after being ineligible pursuant to a failure to meet a requirement as described in clause (i), the Secretary shall certify that the institution has demonstrated compliance with all eligibility and certification requirements for the program. (iii) Appeal for relief from sanctions (I) Submission of appeal (aa) In general A proprietary institution of higher education described in item (bb) that fails to meet the requirement of subsection (a)(24) for an institutional fiscal year may submit an appeal to the Secretary to remain eligible to participate in or receive funds under any program of Federal educational assistance for the institutional fiscal year. In order to regain eligibility to participate in or receive funds under any program of Federal educational assistance for the succeeding institutional fiscal year, the proprietary institution of higher education shall demonstrate compliance as described in clause (ii). (bb) Eligibility to appeal In order to be eligible to submit an appeal under item (aa), proprietary institution of education shall derive not less than 10 percent of such institution's revenues from sources other than funds provided under this title. (II) 90/10 compliance plan In the appeal under subclause (I), a proprietary