INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS.

SEC. 488. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS.(a) Information Dissemination Activities.—Section 485(a) (20 U.S.C. 1092(a)) is amended—(1) in paragraph (1)—(A) in subparagraph (G)—(i) by striking “program, and” and inserting “program,”; and(ii) by inserting “, and (iv) any plans by the institution for improving the academic program of the institution” after “instructional personnel”; and(B) by striking subparagraph (M) and inserting the following:“(M) the terms and conditions of the loans that students receive under parts B, D, and E;”;(C) in subparagraph (N), by striking “and” after the semicolon;(D) in subparagraph (O), by striking the period and inserting a semicolon; and(E) by adding at the end the following:“(P) institutional policies and sanctions related to copyright infringement, including—“(i) an annual disclosure that explicitly informs students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities;“(ii) a summary of the penalties for violation of Federal copyright laws; and“(iii) a description of the institution’s policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in unauthorized distribution of copyrighted materials using the institution’s information technology system;122 STAT. 3294“(Q) student body diversity at the institution, including information on the percentage of enrolled, full-time students who—“(i) are male;“(ii) are female;“(iii) receive a Federal Pell Grant; and“(iv) are a self-identified member of a major racial or ethnic group;“(R) the placement in employment of, and types of employment obtained by, graduates of the institution’s degree or certificate programs, gathered from such sources as alumni surveys, student satisfaction surveys, the National Survey of Student Engagement, the Community College Survey of Student Engagement, State data systems, or other relevant sources;“(S) the types of graduate and professional education in which graduates of the institution’s four-year degree programs enrolled, gathered from such sources as alumni surveys, student satisfaction surveys, the National Survey of Student Engagement, State data systems, or other relevant sources;“(T) the fire safety report prepared by the institution pursuant to subsection (i);“(U) the retention rate of certificate- or degree-seeking, first-time, full-time, undergraduate students entering such institution; and“(V) institutional policies regarding vaccinations.”; and(2) by striking paragraph (4) and inserting the following:“(4) For purposes of this section, institutions may—“(A) exclude from the information disclosed in accordance with subparagraph (L) of paragraph (1) the completion or graduation rates of students who leave school to serve in the Armed Forces, on official church missions, or with a recognized foreign aid service of the Federal Government; or“(B) in cases where the students described in subparagraph (A) represent 20 percent or more of the certificate- or degree-seeking, full-time, undergraduate students at the institution, recalculate the completion or graduation rates of such students by excluding from the calculation described in paragraph (3) the time period such students were not enrolled due to their service in the Armed Forces, on official church missions, or with a recognized foreign aid service of the Federal Government.”; and(3) by adding at the end the following:“(7)(A)(i) Subject to clause (ii), the information disseminated under paragraph (1)(L), or reported under subsection (e), shall be disaggregated by gender, by each major racial and ethnic subgroup, by recipients of a Federal Pell Grant, by recipients of a loan made under part B or D (other than a loan made under section 428H or a Federal Direct Unsubsidized Stafford Loan) who did not receive a Federal Pell Grant, and by recipients of neither a Federal Pell Grant nor a loan made under part B or D (other than a loan made under section 428H or a Federal Direct Unsubsidized Stafford Loan), if the number of students in such subgroup or with such status is sufficient to yield statistically reliable information and 122 STAT. 3295 reporting will not reveal personally identifiable information about an individual student. If such number is not sufficient for such purposes, then the institution shall note that the institution enrolled too few of such students to so disclose or report with confidence and confidentiality.“(ii) The requirements of clause (i) shall not apply to two-year, degree-granting institutions of higher education until academic year 2011-2012.“(B)(i) In order to assist two-year degree-granting institutions of higher education in meeting the requirements of paragraph (1)(L) and subsection (e), the Secretary, in consultation with the Commissioner for Education Statistics, shall, not later than 90 days after the date of enactment of the Higher Education Opportunity Act, convene a group of representatives from diverse institutions of higher education, experts in the field of higher education policy, state higher education officials, students, and other stakeholders in the higher education community, to develop recommendations regarding the accurate calculation and reporting of the information required to be disseminated or reported under paragraph (1)(L) and subsection (e) by two-year, degree-granting institutions of higher education. In developing such recommendations, the group of representatives shall consider the mission and role of two-year degree-granting institutions of higher education, and may recommend additional or alternative measures of student success for such institutions in light of the mission and role of such institutions.“(ii) The Secretary shall widely disseminate the recommendations required under this subparagraph to two-year, degree-granting institutions of higher education, the public, and the authorizing committees not later than 18 months after the first meeting of the group of representatives convened under clause (i).“(iii) The Secretary shall use the recommendations from the group of representatives convened under clause (i) to provide technical assistance to two-year, degree-granting institutions of higher education in meeting the requirements of paragraph (1)(L) and subsection (e).“(iv) The Secretary may modify the information required to be disseminated or reported under paragraph (1)(L) or subsection (e) by a two-year, degree-granting institution of higher—“(I) based on the recommendations received under this subparagraph from the group of representatives convened under clause (i);“(II) to include additional or alternative measures of student success if the goals of the provisions of paragraph (1)(L) and subsection (e) can be met through additional means or comparable alternatives; and“(III) during the period beginning on the date of enactment of the Higher Education Opportunity Act, and ending on June 30, 2011.”.(b) Exit Counseling.—Subsection (b)(1)(A) of section 485 (20 U.S.C. 1092(b)(1)(A)) is amended to read as follows:“(b) Exit Counseling for Borrowers.—(1)(A) Each eligible institution shall, through financial aid offices or otherwise, provide counseling to borrowers of loans that are made, insured, or guaranteed under part B (other than loans made pursuant to section 122 STAT. 3296 428C or loans under section 428B made on behalf of a student) or made under part D (other than Federal Direct Consolidation Loans or Federal Direct PLUS Loans made on behalf of a student) or made under part E of this title prior to the completion of the course of study for which the borrower enrolled at the institution or at the time of departure from such institution. The counseling required by this subsection shall include—“(i) information on the repayment plans available, including a description of the different features of each plan and sample information showing the average anticipated monthly payments, and the difference in interest paid and total payments, under each plan;“(ii) debt management strategies that are designed to facilitate the repayment of such indebtedness;“(iii) an explanation that the borrower has the options to prepay each loan, pay each loan on a shorter schedule, and change repayment plans;“(iv) for any loan forgiveness or cancellation provision of this title, a general description of the terms and conditions under which the borrower may obtain full or partial forgiveness or cancellation of the principal and interest, and a copy of the information provided by the Secretary under section 485(d);“(v) for any forbearance provision of this title, a general description of the terms and conditions under which the borrower may defer repayment of principal or interest or be granted forbearance, and a copy of the information provided by the Secretary under section 485(d);“(vi) the consequences of defaulting on a loan, including adverse credit reports, delinquent debt collection procedures under Federal law, and litigation;“(vii) information on the effects of using a consolidation loan under section 428C or a Federal Direct Consolidation Loan to discharge the borrower’s loans under parts B, D, and E, including at a minimum—“(I) the effects of consolidation on total interest to be paid, fees to be paid, and length of repayment;“(II) the effects of consolidation on a borrower’s underlying loan benefits, including grace periods, loan forgiveness, cancellation, and deferment opportunities;“(III) the option of the borrower to prepay the loan or to change repayment plans; and“(IV) that borrower benefit programs may vary among different lenders;“(viii) a general description of the types of tax benefits that may be available to borrowers; and“(ix) a notice to borrowers about the availability of the National Student Loan Data System and how the system can be used by a borrower to obtain information on the status of the borrower’s loans; and”.(c) Departmental Publication of Descriptions of Assistance Programs.—Section 485(d) (20 U.S.C. 1092(d)) is amended—(1) in paragraph (1)—(A) by inserting after “under this title.” the following: “Such information shall also include information on the various payment options available for student loans, including income-sensitive and income-based repayment plans for loans made, insured, or guaranteed under part 122 STAT. 3297 B and income-contingent and income-based repayment plans for loans made under part D.”; and(B) by inserting after “tax-exempt organization.” the following: “The Secretary shall also provide information on loan forbearance, including the increase in debt that results from capitalization of interest.”; and(2) by adding at the end the following:“(4) The Secretary shall widely publicize the location of the information described in paragraph (1) among the public, eligible institutions, and eligible lenders, and promote the use of such information by prospective students, enrolled students, families of prospective and enrolled students, and borrowers.”.(d) Disclosure of Athletically Related Graduation Rates.—Section 485(e)(3) (20 U.S.C. 1092(e)(3)) is amended to read as follows:“(3) For purposes of this subsection, institutions may—“(A) exclude from the reporting requirements under paragraphs (1) and (2) the completion or graduation rates of students and student athletes who leave school to serve in the Armed Forces, on official church missions, or with a recognized foreign aid service of the Federal Government; or“(B) in cases where the students described in subparagraph (A) represent 20 percent or more of the certificate- or degree-seeking, full-time, undergraduate students at the institution, calculate the completion or graduation rates of such students by excluding from the calculations described in paragraph (1) the time period such students were not enrolled due to their service in the Armed Forces, on official church missions, or with a recognized foreign aid service of the Federal Government.”.(e) Criminal Offenses Reported.—Section 485(f) (20 U.S.C. 1092(f)) is amended—(1) in paragraph (1)—(A) in the matter preceding subparagraph (A), by inserting “, other than a foreign institution higher education,” after “under this title”;(B) in subparagraph (C), by striking clauses (i) and (ii) and inserting the following:“(i) the law enforcement authority of campus security personnel;“(ii) the working relationship of campus security personnel with State and local law enforcement agencies, including whether the institution has agreements with such agencies, such as written memoranda of understanding, for the investigation of alleged criminal offenses; and“(iii) policies which encourage accurate and prompt reporting of all crimes to the campus police and the appropriate law enforcement agencies.”;(C) in subparagraph (F)(ii)—(i) by striking “clause (i), and” and inserting “clause (i), of larceny-theft, simple assault, intimidation, and destruction, damage, or vandalism of property, and of”; and(ii) by inserting a comma after “any person”; and122 STAT. 3298(D) by adding at the end the following new subparagraph:“(J) A statement of current campus policies regarding immediate emergency response and evacuation procedures, including the use of electronic and cellular communication (if appropriate), which policies shall include procedures to—“(i) immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff occurring on the campus, as defined in paragraph (6), unless issuing a notification will compromise efforts to contain the emergency;“(ii) publicize emergency response and evacuation procedures on an annual basis in a manner designed to reach students and staff; and“(iii) test emergency response and evacuation procedures on an annual basis.”;(2) by redesignating paragraph (15) as paragraph (18); and(3) by inserting after paragraph (14) the following:“(15) The Secretary shall annually report to the authorizing committees regarding compliance with this subsection by institutions of higher education, including an up-to-date report on the Secretary’s monitoring of such compliance.“(16) The Secretary may seek the advice and counsel of the Attorney General concerning the development, and dissemination to institutions of higher education, of best practices information about campus safety and emergencies.“(17) Nothing in this subsection shall be construed to permit an institution, or an officer, employee, or agent of an institution, participating in any program under this title to retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual with respect to the implementation of any provision of this subsection.”.(f) Report.—Section 485(g)(4) (20 U.S.C. 1092(g)(4)) is amended—(1) by striking subparagraph (B);(2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively;(3) in subparagraph (B) (as redesignated by paragraph (2)), by striking “and the report to Congress described in subparagraph (B)”; and(4) in subparagraph (C) (as redesignated by paragraph (2)), by striking “the information reported under subparagraph (B) and”.(g) Additional Requirements.—Section 485 (20 U.S.C. 1092) is further amended by adding at the end the following new subsections:“(h) Transfer of Credit Policies.—“(1) Disclosure.—Each institution of higher education participating in any program under this title shall publicly disclose, in a readable and comprehensible manner, the transfer of credit policies established by the institution which shall include a statement of the institution’s current transfer of credit policies that includes, at a minimum—122 STAT. 3299“(A) any established criteria the institution uses regarding the transfer of credit earned at another institution of higher education; and“(B) a list of institutions of higher education with which the institution has established an articulation agreement.“(2) Rule of construction.—Nothing in this subsection shall be construed to—“(A) authorize the Secretary or the National Advisory Committee on Institutional Quality and Integrity to require particular policies, procedures, or practices by institutions of higher education with respect to transfer of credit;“(B) authorize an officer or employee of the Department to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any institution of higher education, or over any accrediting agency or association;“(C) limit the application of the General Education Provisions Act; or“(D) create any legally enforceable right on the part of a student to require an institution of higher education to accept a transfer of credit from another institution.“(i) Disclosure of Fire Safety Standards and Measures.—“(1) Annual fire safety reports on student housing required.—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, including—“(A) statistics concerning the following in each on-campus student housing facility during the most recent calendar years for which data are available:“(i) the number of fires and the cause of each fire;“(ii) the number of injuries related to a fire that result in treatment at a medical facility;“(iii) the number of deaths related to a fire; and“(iv) the value of property damage caused by a fire;“(B) a description of each on-campus student housing facility fire safety system, including the fire sprinkler system;“(C) the number of regular mandatory supervised fire drills;“(D) policies or rules on portable electrical appliances, smoking, and open flames (such as candles), procedures for evacuation, and policies regarding fire safety education and training programs provided to students, faculty, and staff; and“(E) plans for future improvements in fire safety, if determined necessary by such institution.“(2) Report to the secretary.—Each eligible institution participating in any program under this title shall, on an annual basis, submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(A).122 STAT. 3300“(3) Current information to campus community.—Each eligible institution participating in any program under this title shall—“(A) make, keep, and maintain a log, recording all fires in on-campus student housing facilities, including the nature, date, time, and general location of each fire; and“(B) make annual reports to the campus community on such fires.“(4) Responsibilities of the secretary.—The Secretary shall—“(A) make the statistics submitted under paragraph (1)(A) to the Secretary available to the public; and“(B) in coordination with nationally recognized fire organizations and representatives of institutions of higher education, representatives of associations of institutions of higher education, and other organizations that represent and house a significant number of students—“(i) identify exemplary fire safety policies, procedures, programs, and practices, including the installation, to the technical standards of the National Fire Protection Association, of fire detection, prevention, and protection technologies in student housing, dormitories, and other buildings;“(ii) disseminate the exemplary policies, procedures, programs and practices described in clause (i) to the Administrator of the United States Fire Administration;“(iii) make available to the public information concerning those policies, procedures, programs, and practices that have proven effective in the reduction of fires; and“(iv) develop a protocol for institutions to review the status of their fire safety systems.“(5) Rules of construction.—Nothing in this subsection shall be construed to—“(A) authorize the Secretary to require particular policies, procedures, programs, or practices by institutions of higher education with respect to fire safety, other than with respect to the collection, reporting, and dissemination of information required by this subsection;“(B) affect section 444 of the General Education Provisions Act (the Family Educational 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);“(C) create a cause of action against any institution of higher education or any employee of such an institution for any civil liability; or“(D) establish any standard of care.“(6) Compliance report.—The Secretary shall annually report to the authorizing committees regarding compliance with this subsection by institutions of higher education, including an up-to-date report on the Secretary’s monitoring of such compliance.“(7) Evidence.—Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with this subsection shall not be admissible as evidence in any proceeding 122 STAT. 3301 of any court, agency, board, or other entity, except with respect to an action to enforce this subsection.“(j) Missing Person Procedures.—“(1) Option and procedures.—Each institution of higher education that provides on-campus housing and participates in any program under this title shall—“(A) establish a missing student notification policy for students who reside in on-campus housing that—“(i) informs each such student that such student has the option to identify an individual to be contacted by the institution not later than 24 hours after the time that the student is determined missing in accordance with official notification procedures established by the institution under subparagraph (B);“(ii) provides each such student a means to register confidential contact information in the event that the student is determined to be missing for a period of more than 24 hours;“(iii) advises each such student who is under 18 years of age, and not an emancipated individual, that the institution is required to notify a custodial parent or guardian not later 24 hours after the time that the student is determined to be missing in accordance with such procedures;“(iv) informs each such residing student that the institution will notify the appropriate law enforcement agency not later than 24 hours after the time that the student is determined missing in accordance with such procedures; and“(v) requires, if the campus security or law enforcement personnel has been notified and makes a determination that a student who is the subject of a missing person report has been missing for more than 24 hours and has not returned to the campus, the institution to initiate the emergency contact procedures in accordance with the student’s designation; and“(B) establish official notification procedures for a missing student who resides in on-campus housing that—“(i) includes procedures for official notification of appropriate individuals at the institution that such student has been missing for more than 24 hours;“(ii) requires any official missing person report relating to such student be referred immediately to the institution’s police or campus security department; and“(iii) if, on investigation of the official report, such department determines that the missing student has been missing for more than 24 hours, requires—“(I) such department to contact the individual identified by such student under subparagraph (A)(i);“(II) if such student is under 18 years of age, and not an emancipated individual, the institution to immediately contact the custodial parent or legal guardian of such student; and122 STAT. 3302“(III) if subclauses (I) or (II) do not apply to a student determined to be a missing person, inform the appropriate law enforcement agency.“(2) Rule of construction.—Nothing in this subsection shall be construed—“(A) to provide a private right of action to any person to enforce any provision of this subsection; or“(B) to create a cause of action against any institution of higher education or any employee of the institution for any civil liability.“(k) Notice to Students Concerning Penalties for Drug Violations.—“(1) Notice upon enrollment.—Each institution of higher education shall provide to each student, upon enrollment, a separate, clear, and conspicuous written notice that advises the student of the penalties under section 484(r).“(2) Notice after loss of eligibility.—An institution of higher education shall provide in a timely manner to each student who has lost eligibility for any grant, loan, or work-study assistance under this title as a result of the penalties listed under 484(r)(1) a separate, clear, and conspicuous written notice that notifies the student of the loss of eligibility and advises the student of the ways in which the student can regain eligibility under section 484(r)(2).“(l) Entrance Counseling for Borrowers.—“(1) Disclosure required prior to disbursement.—“(A) In general.—Each eligible institution shall, at or prior to the time of a disbursement to a first-time borrower of a loan made, insured, or guaranteed under part B (other than a loan made pursuant to section 428C or a loan made on behalf of a student pursuant to section 428B) or made under part D (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student), ensure that the borrower receives comprehensive information on the terms and conditions of the loan and of the responsibilities the borrower has with respect to such loan in accordance with subparagraph (B). Such information—“(i) shall be provided in a simple and understandable manner; and“(ii) may be provided—“(I) during an entrance counseling session conduction in person;“(II) on a separate written form provided to the borrower that the borrower signs and returns to the institution; or“(III) online, with the borrower acknowledging receipt of the information.“(B) Use of interactive programs.—The Secretary shall encourage institutions to carry out the requirements of subparagraph (A) through the use of interactive programs that test the borrower’s understanding of the terms and conditions of the borrower’s loans under part B or D, using simple and understandable language and clear formatting.122 STAT. 3303“(2) Information to be provided.—The information to be provided to the borrower under paragraph (1)(A) shall include the following:“(A) 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.“(B) An explanation of the use of the master promissory note.“(C) Information on how interest accrues and is capitalized during periods when the interest is not paid by either the borrower or the Secretary.“(D) In the case of a loan made under section 428B or 428H, a Federal Direct PLUS Loan, or a Federal Direct Unsubsidized Stafford Loan, the option of the borrower to pay the interest while the borrower is in school.“(E) The definition of half-time enrollment at the institution, during regular terms and summer school, if applicable, and the consequences of not maintaining half-time enrollment.“(F) 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.“(G) Sample monthly repayment amounts based on—“(i) a range of levels of indebtedness of—“(I) borrowers of loans under section 428 or 428H; and“(II) as appropriate, graduate borrowers of loans under section 428, 428B, or 428H; or“(ii) the average cumulative indebtedness of other borrowers in the same program as the borrower at the same institution.“(H) 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.“(I) The likely consequences of default on the loan, including adverse credit reports, delinquent debt collection procedures under Federal law, and litigation.“(J) Information on the National Student Loan Data System and how the borrower can access the borrower’s records.“(K) The name of and contact information for the individual 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.”.