Sec. 488. Information disseminated to prospective and enrolled students
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Section 485(a)(1) ( 20 U.S.C. 1092(a)(1) ) is amended in the matter preceding subparagraph
(A)by striking the second and third sentences and inserting the following: The information required by this section shall be produced and be made readily available to enrolled and prospective students on the institution’s website (or in other formats upon request). . Section 485(a)(1)(P) ( 20 U.S.C. 1092(a)(1)(P) ) is amended by striking , including— and all that follows and inserting a period. Section 485(a)(1) ( 20 U.S.C. 1092(a)(1) ) is amended— by striking subparagraph (L); by redesignating subparagraphs
(M)through
(P)as subparagraphs
(L)through (O); and by striking subparagraphs
(Q)through
(V)and inserting the following: the fire safety report prepared by the institution pursuant to subsection (i); and the link to the institution’s information on the College Dashboard website operated under section 132. . Section 485(a) ( 20 U.S.C. 1092(a) ) is amended by striking paragraphs
(3)through (7). Section 485(b) ( 20 U.S.C. 1092(b) ) is amended— in paragraph (1)(A)— in the matter preceding clause (i)— by striking through financial aid offices or otherwise and inserting through the use of an interactive program, during an exit counseling session that is in-person or online, or through the use of the online counseling tool described in subsection (n)(1)(A) ; and by inserting , as in effect on the day before the date of enactment of the after PROSPER Act and pursuant to section 461(a) of such Act or made under part E (other than Federal ONE Parent Loans), as in effect on or after the date of enactment of the PROSPER Act part E ; by redesignating clauses
(i)through
(ix)as clauses
(iv)through (xii), respectively; by inserting before clause (iv), as so redesignated, the following: a summary of the outstanding balance of principal and interest due on the loans made to the borrower under this title; an explanation of the grace period preceding repayment and the expected date that the borrower will enter repayment; an explanation of cases of interest capitalization and that the borrower has the option to pay any interest that has accrued while the borrower was in school or that may accrue during the grace period preceding repayment or during an authorized period of deferment or forbearance, prior to the capitalization of the interest; ; in clause (iv), as so redesignated— by striking sample information showing the average and inserting information, based on the borrower’s outstanding balance described in clause (i), showing the borrower’s ; and by striking of each plan and inserting of at least the standard repayment plan and the income-based repayment plan under section 466(d) ; in clause (ix), as so redesignated— by inserting decreased credit score, after credit reports, ; and by inserting potential reduced ability to rent or purchase a home or car, potential difficulty in securing employment, after Federal law, ; in clause (x), as so redesignated, by striking consolidation loan under section 428C or a ; in clauses
(xi)and (xii), as so redesignated, by striking and at the end; and by adding at the end the following: for each of the borrower’s loans made under this title for which the borrower is receiving counseling under this subsection, the contact information for the servicer of the loan and a link to the Website of such servicer; and an explanation that an individual has a right to annually request a disclosure of information collected by a consumer reporting agency pursuant to section 612(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681j(a) ). ; in paragraph (1)(B)— by inserting online or before in writing ; and by adding before the period at the end the following: , except that in the case of an institution using the online counseling tool described in subsection (n)(1)(A), the Secretary shall attempt to provide such information to the student in the manner described in subsection (n)(3)(C) ; and in paragraph (2)(C), by inserting , such as the online counseling tool described in subsection (n)(1)(A), after electronic means . The third sentence of section 485(d)(1) ( 20 U.S.C. 1092(d)(1) ) is amended by striking part D and inserting part D or E . Section 485(f) ( 20 U.S.C. 1092(f) ) is amended— by striking paragraph
(3)and inserting the following: Each institution participating in any program under this title, other than a foreign institution of higher education, shall make timely reports to the campus community on crimes described in paragraph (1)(F) that have been reported to campus security officials and pose a serious and continuing threat to other students and employees’ safety. Such reports shall withhold the names of victims as confidential and shall be provided in a timely manner, except that an institution may delay issuing a report if the issuance would compromise ongoing law enforcement efforts, such as efforts to apprehend a suspect. The report shall also include information designed to assist students and employees in staying safe and avoiding similar occurrences to the extent such information is available and appropriate to include. In assessing institutional compliance with this section, the Secretary shall defer to the institution’s determination of whether a particular crime poses a serious and continuing threat to the campus community, and the timeliness of such warning, provided that, in making its decision, the institution acted reasonably and based on the considered professional judgement of campus security officials, based on the facts and circumstances known at the time. ; by redesignating paragraph
(18)as paragraph (20); and by inserting after paragraph
(17)the following: Nothing in this subsection may be construed to prohibit an institution of higher education from delaying the initiation of, or suspending, an investigation or institutional disciplinary proceeding involving an allegation of sexual assault in response to a request from a law enforcement agency or a prosecutor to delay the initiation of, or suspend, the investigation or proceeding, and any delay or suspension of such an investigation or proceeding in response to such a request may not serve as the grounds for any sanction or audit finding against the institution or for the suspension or termination of the institution’s participation in any program under this title. Reporting carried out under this subsection shall be conducted in a manner to ensure maximum consistency with the Uniform Crime Reporting Program of the Department of Justice. The Secretary shall require institutions of higher education to report crime statistics under this section using definitions of such crimes, when available, from the Uniform Crime Reporting Program of the Department of Justice. The Secretary shall maintain a publicly available and updated list of all applicable definitions from the Uniform Crime Reporting Program of the Department of Justice. With respect to a report under this subsection, in the case of a crime for which no Uniform Crime Reporting Program of the Department of Justice definition exists, the Secretary shall require that institutions of higher education report such crime according to a definition provided by the Secretary. An institution of higher education that reports a crime described in subparagraph
(D)shall not be subject to any penalty or fine for reporting inaccuracies or omissions if the institution of higher education can demonstrate that it made a reasonable and good faith effort to report crimes consistent with the definition provided by the Secretary. With respect to a report under this subsection, the Secretary shall require institutions of higher education to follow the Hierarchy Rule for reporting crimes under the Uniform Crime Reporting Program of the Department of Justice, so as to minimize duplicate reporting and ensure greater consistency with national crime reporting systems. . Section 485(f)(8)(B)(iv)(I) ( 20 U.S.C. 1092(f)(8)(B)(iv)(I) ) is amended to read as follows: the investigation of the allegation and any institutional disciplinary proceeding in response to the allegation shall be prompt, impartial, and fair to both the accuser and the accused by, at a minimum— providing all parties to the proceeding with adequate written notice of the allegation not later than 2 weeks prior to the start of any formal hearing or similar adjudicatory proceeding, and including in such notice a description of all rights and responsibilities under the proceeding, a statement of all relevant details of the allegation, and a specific statement of the sanctions which may be imposed; providing each person against whom the allegation is made with a meaningful opportunity to admit or contest the allegation; ensuring that all parties to the proceeding have access to all material evidence not later than one week prior to the start of any formal hearing or similar adjudicatory proceeding; ensuring that the proceeding is carried out free from conflicts of interest by ensuring that there is no commingling of administrative or adjudicative roles; and ensuring that the investigation and proceeding shall be conducted by officials who receive annual education on issues related to domestic violence, dating violence, sexual assault, and stalking, and on how to conduct an investigation and an institutional disciplinary proceeding that protects the safety of victims, ensures fairness for both the accuser and the accused, and promotes accountability; . Section 485(f)(8)(B) ( 20 U.S.C. 1092(f)(8)(B) ) is amended by adding at the end the following new clause: The establishment of a standard of evidence that will be used in institutional disciplinary proceedings involving allegations of sexual assault, which may be based on such standards and criteria as the institution considers appropriate (including the institution’s culture, history, and mission, the values reflected in its student code of conduct, and the purpose of the institutional disciplinary proceedings) so long as the standard is not arbitrary or capricious and is applied consistently throughout all such proceedings. . Section 485(f)(8)(B)(iv) ( 20 U.S.C. 1092(f)(8)(B)(iv) ) is amended— by striking and at the end of subclause (II); by striking the period at the end of subclause
(III)and inserting ; and ; and by adding at the end the following new subclause: in the case of a proceeding involving an allegation of sexual assault, such proceedings shall be conducted in accordance with the standard of evidence established by the institution under clause (viii), together with a clear statement describing such standard of evidence. . Section 485(f)(8) ( 20 U.S.C. 1092(f)(8) ) is amended by adding at the end the following new subparagraph: In consultation with experts from institutions of higher education, law enforcement agencies, advocates for sexual assault victims, experts in due process, and other appropriate persons, the Secretary shall create and regularly update modules which an institution of higher education may use to provide the annual education described in subparagraph (B)(iv)(I)(ee) for officials conducting investigations and institutional disciplinary proceedings involving allegations described in such subparagraph. If the institution uses such modules to provide the education described in such subparagraph, the institution shall be considered to meet any requirement under such subparagraph or any other Federal law regarding the education provided to officials conducting such investigations and proceedings. . Section 485(i) ( 20 U.S.C. 1092(i) ) is amended to read as follows: Each eligible institution participating in any program under this title that maintains on-campus student housing facilities shall, on an annual basis, publish a fire safety report, which shall contain information with respect to the campus fire safety practices and standards of that institution, statistics on any fire related incidents or injuries, and any preventative measures or technologies. Nothing in this subsection shall be construed to— authorize the Secretary to require particular policies, procedures, programs, or practices by institutions of higher education with respect to fire safety; affect section 444 of the General Education Provisions Act (commonly known as the Family Education Rights and Privacy Act of 1974 ) or the regulations issued under section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d-2 note); create a cause of action against any institution of higher education or any employee of such an institution for any civil liability; or establish any standard of care. Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with this subsection shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this subsection. . Section 485(j)(1) ( 20 U.S.C. 1092(j)(1) ) is amended to read as follows: Each institution of higher education that provides on-campus housing and participates in any program under this title shall establish a missing student policy for students who reside in on-campus housing that, at a minimum, informs each residing student that the institution will notify such student’s designated emergency contact and the appropriate law enforcement agency not later than 24 hours after the time that the student is determined missing, and in the case of a student who is under 18 years of age, the institution will notify a custodial parent or guardian. . Section 485(j)(2) ( 20 U.S.C. 1092(j)(2) ) is amended— by striking or at the end of subparagraph (A); by striking the period at the end of subparagraph
(B)and inserting ; or ; and by adding at the end the following new subparagraph: to require an institution of higher education to maintain separate missing student emergency contact information, so long as the institution otherwise has an emergency contact for students residing on campus. . Section 485(l) ( 20 U.S.C. 1092(l) ) is amended to read as follows: Each eligible institution shall ensure, and annually affirm to the Secretary, that each individual enrolled at such institution who receives a Federal Pell Grant or a loan made under this title (other than a Federal Direct Consolidation Loan or Federal ONE Consolidation Loan) receives comprehensive information on the terms and conditions of such Federal Pell Grant or loan and the responsibilities the individual has with respect to such Federal Pell Grant or loan. Such information shall be provided, for each award year for which the individual receives such Federal Pell Grant or loan, in a simple and understandable manner— during a counseling session conducted in person; online, with the individual acknowledging receipt of the information; or through the use of the online counseling tool described in subsection (n)(1)(B). In the case of institutions not using the online counseling tool described in subsection (n)(1)(B), the Secretary shall require such institutions to carry out the requirements of subparagraph (A)— through the use of interactive programs; during an annual counseling session that is in-person or online that tests the individual’s understanding of the terms and conditions of the Federal Pell Grant or loan awarded to the student; and using simple and understandable language and clear formatting. The information to be provided under paragraph
(1)to each individual receiving counseling under this subsection shall include the following: An explanation of how the student may budget for typical educational expenses and a sample budget based on the cost of attendance for the institution. An explanation that an individual has a right to annually request a disclosure of information collected by a consumer reporting agency pursuant to section 612(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681j(a) ). Based on the most recent data available from the American Community Survey available from the Department of Commerce, the estimated average income and percentage of employment in the State of domicile of the borrower for persons with— a high school diploma or equivalent; some post-secondary education without completion of a degree or certificate; an associate’s degree; a bachelor’s degree; and a graduate or professional degree. An introduction to the financial management resources provided by the Financial Literacy and Education Commission. The information to be provided under paragraph
(1)to each student receiving a Federal Pell Grant shall include the following: An explanation of the terms and conditions of the Federal Pell Grant. An explanation of approved educational expenses for which the student may use the Federal Pell Grant. An explanation of why the student may have to repay the Federal Pell Grant. An explanation of the maximum number of semesters or equivalent for which the student may be eligible to receive a Federal Pell Grant, and a statement of the amount of time remaining for which the student may be eligible to receive a Federal Pell Grant. An explanation that if the student transfers to another institution not all of the student’s courses may be acceptable to apply toward meeting specific degree or program requirements at such institution, but the amount of time remaining for which a student may be eligible to receive a Federal Pell Grant, as provided under subparagraph (D), will not change. An explanation of how the student may seek additional financial assistance from the institution’s financial aid office due to a change in the student’s financial circumstances, and the contact information for such office. The information to be provided under paragraph
(1)to a borrower of a loan made under this title (other than other than a Federal Direct PLUS Loan made on behalf of a dependent student or a Federal ONE Parent Loan) shall include the following: To the extent practicable, the effect of accepting the loan to be disbursed on the eligibility of the borrower for other forms of student financial assistance. An explanation of the use of the master promissory note. An explanation that the borrower is not required to accept the full amount of the loan offered to the borrower. An explanation that the borrower should consider accepting any grant, scholarship, or State or Federal work-study jobs for which the borrower is eligible prior to accepting Federal student loans. An explanation of treatment of loans made under this title and private education loans in bankruptcy, and an explanation that if a borrower decides to take out a private education loan— the borrower has the ability to select a private educational lender of the borrower’s choice; the proposed private education loan may impact the borrower’s potential eligibility for other financial assistance, including Federal financial assistance under this title; and the borrower has a right— to accept the terms of the private education loan within 30 calendar days following the date on which the application for such loan is approved and the borrower receives the required disclosure documents, pursuant to section 128(e)(6) of the Truth in Lending Act; and to cancel such loan within 3 business days of the date on which the loan is consummated, pursuant to section 128(e)(7) of such Act. An explanation of the approved educational expenses for which the borrower may use a loan made under this title. Information on the annual and aggregate loan limits for a loan made under this title. Information on interest, including the annual percentage rate of such loan, as calculated using the standard 10-year repayment term, and how interest accrues and is capitalized during periods when the interest is not paid by the borrower. The option of the borrower to pay the interest while the borrower is in school. The definition of half-time enrollment at the institution, during regular terms and summer school, if applicable, and the consequences of not maintaining at least half-time enrollment. An explanation of the importance of contacting the appropriate offices at the institution of higher education if the borrower withdraws prior to completing the borrower’s program of study so that the institution can provide exit counseling, including information regarding the borrower’s repayment options and loan consolidation. For a first-time borrower or a borrower of a loan under this title who owes no principal or interest on such loan— a statement of the anticipated balance on the loan for which the borrower is receiving counseling under this subsection; based on such anticipated balance, the anticipated monthly payment amount under, at minimum— the standard repayment plan; and an income-based repayment plan under section 466(d) or 493C, as determined using available percentile data from the Bureau of Labor Statistics of the starting salary for the occupation in which the borrower has an interest in or intends to be employed; and an estimate of the projected monthly payment amount under each repayment plan described in clause (ii), based on the average cumulative indebtedness at graduation for borrowers of loans made under this title who are in the same program of study as the borrower. For a borrower with an outstanding balance of principal or interest due on a loan made under this title— a current statement of the amount of such outstanding balance and interest accrued; based on such outstanding balance, the anticipated monthly payment amount under the standard repayment plan, and the income-based repayment plan under section 466(d) or 493C, as determined using available percentile data from the Bureau of Labor Statistics of the starting salary for the occupation the borrower intends to be employed; and an estimate of the projected monthly payment amount under each repayment plan described in clause (ii), based on— the outstanding balance described in clause (i); the anticipated outstanding balance on the loan for which the student is receiving counseling under this subsection; and a projection for any other loans made under this title that the borrower is reasonably expected to accept during the borrower’s program of study based on at least the expected increase in the cost of attendance of such program. The obligation of the borrower to repay the full amount of the loan, regardless of whether the borrower completes or does not complete the program in which the borrower is enrolled within the regular time for program completion. The likely consequences of default on the loan, including adverse credit reports, delinquent debt collection procedures under Federal law, and litigation, and a notice of the institution’s most recent loan repayment rate (as defined in section 481B) for the educational program in which the borrower is enrolled, an explanation of the loan repayment rate, and the most recent national average loan repayment rate for an educational program. Information on the National Student Loan Data System and how the borrower can access the borrower’s records. The contact information for the institution’s financial aid office or other appropriate office at the institution the borrower may contact if the borrower has any questions about the borrower’s rights and responsibilities or the terms and conditions of the loan. The information to be provided under paragraph
(1)to a borrower of a Federal Direct PLUS Loan for a dependent student or a Federal ONE Parent Loan shall include the following: The information described in subparagraphs
(A)through
(C)and
(N)through
(Q)of paragraph (4). An explanation of the treatment of the loan and private education loans in bankruptcy. Information on the annual and aggregate loan limits. Information on the annual percentage rate of the loan. The option of the borrower to pay the interest on the loan while the loan is in deferment. For a first-time borrower of a loan or a borrower of a loan under this title who owes no principal or interest on such loan— a statement of the anticipated balance on the loan for which the borrower is receiving counseling under this subsection; based on such anticipated balance, the anticipated monthly payment amount under the standard repayment plan; and an estimate of the projected monthly payment amount under the standard repayment plan, based on the average cumulative indebtedness of other borrowers of loans made under this title on behalf of dependent students who are in the same program of study as the student on whose behalf the borrower borrowed the loan. For a borrower with an outstanding balance of principal or interest due on such loan— a statement of the amount of such outstanding balance; based on such outstanding balance, the anticipated monthly payment amount under the standard repayment plan; and an estimate of the projected monthly payment amount under the standard repayment plan, based on— the outstanding balance described in clause (i); the anticipated outstanding balance on the loan for which the borrower is receiving counseling under this subsection; and a projection for any other Federal Direct PLUS Loan made on behalf of the dependent student or Federal ONE Parent Loan that the borrower is reasonably expected to accept during the program of study of such student based on at least the expected increase in the cost of attendance of such program. Debt management strategies that are designed to facilitate the repayment of such indebtedness. An explanation that the borrower has the options to prepay each loan, pay each loan on a shorter schedule, and change repayment plans. For each Federal Direct PLUS Loan and each Federal ONE Parent Loan for which the borrower is receiving counseling under this subsection, the contact information for the loan servicer of the loan and a link to such servicer’s Website. Prior to making the first disbursement of a loan made under this title (other than a Federal Direct Consolidation Loan or Federal ONE Consolidation Loan) to a borrower for an award year, an eligible institution, shall, as part of carrying out the counseling requirements of this subsection for the loan, ensure that after receiving the applicable counseling under paragraphs (2), (4), and
(5)for the loan the borrower accepts the loan for such award year by— signing the master promissory note for the loan; signing and returning to the institution a separate written statement that affirmatively states that the borrower accepts the loan; or electronically signing an electronic version of the statement described in subparagraph (B). An institution of higher education may not counsel a borrower of a loan under this title to divorce or separate and live apart from one another for the purpose of qualifying for, or obtaining an increased amount of, Federal financial assistance under this Act. Nothing in this section shall be construed to prohibit an eligible institution from providing additional information and counseling services to recipients of Federal student aid under this title. . Section 485 ( 20 U.S.C. 1092 ) is further amended by adding at the end the following: Beginning not later than 1 year after the date of enactment of the PROSPER Act , the Secretary shall maintain— an online counseling tool that provides the exit counseling required under subsection
(b)and meets the applicable requirements of this subsection; and an online counseling tool that provides the annual counseling required under subsection
(l)and meets the applicable requirements of this subsection. In maintaining the online counseling tools described in paragraph (1), the Secretary shall ensure that each such tool is— consumer tested to ensure that the tool is effective in helping individuals understand their rights and obligations with respect to borrowing a loan made this title or receiving a Federal Pell Grant; understandable to students receiving Federal Pell Grants and borrowers of loans made this title; and freely available to all eligible institutions. The Secretary shall— use each online counseling tool described in paragraph
(1)to keep a record of which individuals have received counseling using the tool, and notify the applicable institutions of the individual’s completion of such counseling; in the case of a borrower who receives annual counseling for a loan made under this title using the tool described in paragraph (1)(B), notify the borrower by when the borrower should accept, in a manner described in subsection (l)(6), the loan for which the borrower has received such counseling; and in the case of a borrower described in subsection (b)(1)(B) at an institution that uses the online counseling tool described in paragraph (1)(A) of this subsection, the Secretary shall attempt to provide the information described in subsection (b)(1)(A) to the borrower through such tool. . Section 485 ( 20 U.S.C. 1092 ) is further amended by adding at the end the following: It is the Sense of Congress that— institutions of higher education should have clear policies that prohibit unsafe practices, such as hazing, on campus; institutions of higher education should ensure each student organization understands what is considered an unsafe practice; student organizations on campus should ensure their policies and activities do not endanger students safety or cause harm to students; administrators and faculty should take seriously any threats or acts of harm to students through activities organized by student organizations and act quickly to prevent any potential harm to students by these groups; institutions of higher education should ensure law enforcement has access to investigate any crimes committed by student organizations without obstruction from the students, student organization, administrators, or faculty; and hazing is a dangerous practice and should not be allowed on any campus. Each institution of higher education participating in any program under this title shall ensure that— all policies and required procedures related to hazing are clearly posted for students, faculty, and administrators; and all student organizations are aware of— the policies described in subparagraph (A), including all prohibited activities; and the dangers of hazing. In this subsection, the term hazing means any intentional, knowing, or reckless act committed by a student, or a former student, of an institution of higher education, whether individually or with other persons, against another student, that— was committed in connection with an initiation into, an affiliation with, or the maintenance of membership in, any organization that is affiliated with such institution of higher education; and contributes to a substantial risk of physical injury, mental harm, or personal degradation; or causes physical injury, mental harm or personal degradation. .
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Sec. 488
Information disseminated to prospective and enrolled students
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