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 institution of higher education shall submit a plan explaining the reasons for failure to comply with the requirement of subsection (a)(24) and describing the steps the institution will take to comply moving forward, including descriptions of any partnerships proposed or existing on the date of the appeal between the institution and employers, as well as a description of the expected tuition rates for the institution for the next 3 institutional fiscal years. (III) Determination of relief (aa) In general Not later than 30 days after the date the Secretary receives an appeal submitted under subclause (I), the Secretary shall determine whether the appeal should be granted. Such determination shall be based only on the institution meeting all of the following conditions: (AA) The institution has had no final adverse action taken by the institution's accrediting agency or association in the 5-year period preceding the date of the determination. (BB) The institution has not been found to be in violation or noncompliance with any provision in this title in the 5-year period preceding the date of the determination. (CC) The institution has not been found to be in violation or noncompliance with the Department of Defense Voluntary Education Partnership Memorandum of Understanding (MOU) in the 5-year period preceding the date of the determination. (DD) The institution has not been found by the Department of Veterans Affairs or the relevant State approving agency to be in violation or noncompliance with the Principles of Excellence program established under Executive Order 13607 (77 Fed. Reg. 25861