; and (ii) the borrower is described in any of subclauses (I) through (IV) of section 428(c)(3)(A)(i) of the Higher Education Act of 1965 ( 20 U.S.C. 1078(c)(3)(A)(i) ). (17) Consumer financial protection bureau requirements (A) Rulemaking The Director shall, based on consumer testing (as appropriate) and upon consideration of any final recommendations published by the Secretary under section 456(f)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1087f(g)(3) ), promulgate regulations in consultation with the Secretary, to carry out the requirements of this subsection. (B) Compliance for certain entities (i) In general The Director may promulgate regulations under subparagraph (A) to require an entity or class of entities with which the Secretary has entered into a contract under section 456 of the Higher Education Act of 1965 ( 20 U.S.C. 1087f ) to comply with an alternative requirement or standard promulgated by the Director in lieu of compliance with any requirement or standard under this subsection if the Director determines that— (I) such entity or class of entities are not required by the Secretary pursuant to the contract to perform a servicing function governed by the requirement or standard, and where such function is required by the Secretary, to be performed by another entity or class of entities