; (ii) second, aggregate additional cohort years of programmatic data for degrees or certificates of equivalent length in order to achieve a cohort of at least 30 individuals; and (iii) if such data cannot be aggregated, use an institution-based graduate-level measure, in lieu of a programmatic measure. (E) An educational program shall not lose eligibility under subparagraph (A) unless the institution has had the opportunity to appeal the programmatic median earnings of students working and not enrolled determination. During such appeal, the Secretary may permit the educational program to continue to participate in a program under this title. If an educational program continues to participate in a program under title, and the institution’s appeal of the loss of eligibility is unsuccessful, the institution shall pay to the Secretary an amount equal to the amount of interest, and any related payments made by the Secretary (or which the Secretary is obligated to make) with respect to loans made under this title to students attending, or planning to attend, that educational program during the pendency of such appeal. . 4. Phase out of income-based repayment Section 493C of the Higher Education Act of 1965 ( 20 U.S.C. 1098e ) is amended— (1) in subsection (b)(1), by inserting who enters repayment on such loan before July 1, 2024 and after a borrower of any loan made, insured, or guaranteed under part B or D (other than an excepted PLUS loan or excepted consolidation loan) ; and (2) in subsection (e)— (A) in the subsection heading by inserting and before July 1, 2024 after July 1, 2014 ; and (B) by inserting , and before July 1, 2024 after July 1, 2014 .