378 
‘‘(vi) the portion of a loan made under 
section 428C, a Federal Direct Consolida-
tion Loan, or a Federal ONE Consolida-
tion Loan that is used to repay any loan 
described in clauses (i) through (v); and 
‘‘(B) the term ‘covered loan’ does not in-
clude a loan described in subparagraph (A) that 
has been discharged under section 437(a). 
‘‘(d) SPECIAL RULES.— 
‘‘(1) IN GENERAL.—In the case of a student 
who has attended and borrowed at more than one 
institution of higher education or for more than one 
educational program at an institution, the student 
(and such student’s subsequent positive repayment 
status on a covered loan, if applicable)) shall be at-
tributed to each institution of higher education and 
educational program for attendance at which the 
student received a loan that entered repayment for 
the fiscal year for which the loan repayment rate is 
being calculated. 
‘‘(2) DELINQUENT.—A loan on which a pay-
ment is made by an institution of higher education, 
such institutions’s owner, agent, contractor, em-
ployee, or any other entity or individual affiliated 
with such institution, in order to prevent the bor-
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rower from being more than 90 days delinquent on 
the loan, shall be considered more than 90 days de-
linquent for purposes of this subsection. 
‘‘(3) REGULATIONS TO PREVENT EVASIONS.— 
The Secretary shall prescribe regulations designed to 
prevent an institution of higher education from evad-
ing the application of a loan repayment rate deter-
mination under this section to an educational pro-
gram at such institution through— 
‘‘(A) the use of such measures as branch-
ing, consolidation, change of ownership or con-
trol, or any similar device; or 
‘‘(B) creating a new educational program 
that is substantially similar to a program deter-
mined to be ineligible under subsection (a). 
‘‘(4) COLLECTION
AND
REPORTING
OF
LOAN 
REPAYMENT RATES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
publish not less often than once every fiscal 
year a report showing final loan repayment 
data for each program at each institution of 
higher education for which a loan repayment 
rate is calculated under this section. 
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380 
‘‘(B) PUBLICATION.—The Secretary shall 
publish the report described in subparagraph 
(A) by September 30 of each year. 
‘‘(C) DRAFTS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall provide institutions with draft loan 
repayment rates for each educational pro-
gram at the institution at least 6 months 
prior to the release of the final rates under 
subparagraph (A). 
‘‘(ii) CHALLENGE OF DRAFT RATES.— 
An institution may challenge a program’s 
draft loan repayment rate provided under 
clause (i) for any fiscal year by dem-
onstrating to the satisfaction of the Sec-
retary that such draft loan repayment rate 
is not accurate. 
‘‘(e) TRANSITION PERIOD.— 
‘‘(1) DURING THE TRANSITION PERIOD.—Dur-
ing the transition period, the cohort default rate for 
each institution of higher education shall be cal-
culated under section 435(m)(1) for each fiscal year 
for which such rate has not yet been calculated and 
any requirements with respect to such rates shall 
continue to apply, except that the loans with respect 
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to which such cohort default rate shall be calculated 
shall be the covered loans defined in subsection 
(c)(4). 
‘‘(2) AFTER THE TRANSITION PERIOD.—After 
the transition period, no new cohort default rates 
shall be calculated for an institution of higher edu-
cation and any requirements with respect to such 
rates shall cease to apply. 
‘‘(3) DEFINITIONS.—For purposes of this sub-
section— 
‘‘(A) the term ‘cohort default rate’ has the 
meaning given the term in section 435(m); and 
‘‘(B) the term ‘transition period’ means 
the period— 
‘‘(i) beginning on the date of enact-
ment of the PROSPER Act; and 
‘‘(ii) ending on the date on which the 
Secretary has published under subsection 
(d)(4)(A) the final loan repayment rate for 
each program at each institution of higher 
education with respect to each of fiscal 
years 2016, 2017, and 2018.’’. 
SEC. 483. MASTER CALENDAR. 
Section 482 (20 U.S.C. 1089) is amended— 
(1) in subsection (a)— 
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(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘February 1’’ and inserting ‘‘January 15’’; 
(ii) in subparagraph (B), by striking 
‘‘March 1’’ and inserting ‘‘February 1’’; 
(iii) in subparagraph (C), by striking 
‘‘June 1’’ and inserting ‘‘May 1’’; 
(iv) in subparagraph (D), by striking 
‘‘August 15’’ and inserting ‘‘July 15’’; 
(v) by striking subparagraph (E), and 
redesignating subparagraphs (F) and (G) 
as subparagraphs (E) and (F), respec-
tively; 
(vi) in subparagraph (E), as so redes-
ignated, by striking ‘‘October 1’’ and in-
serting ‘‘September 1’’; and 
(vii) in subparagraph (F), as so redes-
ignated, by striking ‘‘November 1’’ and in-
serting ‘‘October 1’’; 
(B) in paragraph (2)— 
(i) in subparagraph (F), by striking 
‘‘and final Pell Grant payment schedule’’; 
(ii) in subparagraph (J), by striking 
‘‘June 1’’ and inserting ‘‘May 1’’; 
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(iii) by redesignating subparagraphs 
(C) through (J) as subparagraphs (D) 
through (K), respectively; and 
(iv) by inserting after subparagraph 
(B) the following: 
‘‘(C) by November 1: final Pell Grant pay-
ment schedule;’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘413D(d), 442(d), or 
462(i)’’ and inserting ‘‘442(d)’’; and 
(B) by striking ‘‘the programs under sub-
part 3 of part A, part C, and part E, respec-
tively’’ and inserting ‘‘part C’’. 
SEC. 484. FAFSA SIMPLIFICATION. 
(a) IN GENERAL.—Section 483 (20 U.S.C. 1090) is 
amended— 
(1) in subsection (a)(3), by adding at the end 
the following: 
‘‘(I) FORMAT.—Not later than 1 year after 
the date of the enactment of the PROSPER 
Act, the Secretary shall make the electronic 
version of the forms under this paragraph avail-
able through a technology tool optimized for use 
on mobile devices. Such technology tool shall, at 
minimum, enable applicants to— 
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‘‘(i) save data; and 
‘‘(ii) submit the FAFSA of such appli-
cant to the Secretary through such tool. 
‘‘(J) CONSUMER TESTING.—In developing 
and maintaining the electronic version of the 
forms under this paragraph and the technology 
tool for mobile devices under subparagraph (I), 
the Secretary shall conduct consumer testing 
with appropriate persons to ensure the forms 
and technology tool are designed to be easily 
usable and understandable by students and 
families. Such consumer testing shall include— 
‘‘(i) current and prospective college 
students, family members of such students, 
and other individuals with expertise in stu-
dent financial assistance application proc-
esses; 
‘‘(ii) dependent students and inde-
pendent students who meet the require-
ments under subsection (b) or (c) of sec-
tion 479; and 
‘‘(iii) dependent students and inde-
pendent students who do not meet the re-
quirements under subsection (b) or (c) of 
section 479.’’; and 
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385 
(2) by amending subsection (f) to read as fol-
lows: 
‘‘(f) USE OF INTERNAL REVENUE SERVICE DATA 
RETRIEVAL TOOL TO POPULATE FAFSA.— 
‘‘(1) SIMPLIFICATION
EFFORTS.—The Sec-
retary shall— 
‘‘(A) make every effort to allow applicants 
to utilize the current data retrieval tool to 
transfer, through a rigorous authentication 
process, data available from the Internal Rev-
enue Service to reduce the amount of original 
data entry by applicants and strengthen the re-
liability of data used to calculate expected fam-
ily contributions, including through the use of 
technology to— 
‘‘(i) allow an applicant to automati-
cally populate the electronic version of the 
forms under this paragraph with data 
available from the Internal Revenue Serv-
ice; and 
‘‘(ii) direct an applicant to appro-
priate questions on such forms based on 
the applicant’s answers to previous ques-
tions; and 
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386 
‘‘(B) allow single taxpayers, married tax-
payers filing jointly, and married taxpayers fil-
ing separately to utilize the current data re-
trieval tool to its full capacity. 
‘‘(2) USE
OF
TAX
RETURN
IN
APPLICATION 
PROCESS.—The Secretary shall continue to examine 
whether data provided by the Internal Revenue Serv-
ice can be used to generate an expected family con-
tribution without additional action on the part of the 
student and taxpayer. 
‘‘(3) REPORTS ON FAFSA SIMPLIFICATION EF-
FORTS.—Not less than once every other year, the 
Secretary shall report to the authorizing committees 
on— 
‘‘(A) the progress of the simplification ef-
forts under this subsection; and 
‘‘(B) the security of the data retrieval 
tool.’’. 
(b) TECHNICAL AMENDMENT.—Section 483(a)(9)(C) 
(20 U.S.C. 1090(a)(9)(C)) is amended by inserting ‘‘, in-
cluding through the tool described in section 485E(c)’’ be-
fore the semicolon. 
SEC. 485. STUDENT ELIGIBILITY. 
Section 484 (20 U.S.C. 1091) is amended— 
(1) in subsection (a)— 
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387 
(A) in paragraph (1), by striking ‘‘a de-
gree, certificate, or other program (including a 
program of study abroad approved for credit by 
the eligible institution at which such student is 
enrolled) leading to a’’ and inserting ‘‘an eligi-
ble program (including a program of study 
abroad approved for credit by the eligible insti-
tution at which such student is enrolled) lead-
ing to a degree, certificate, or other’’; and 
(B) in paragraph (3), by inserting ‘‘ as in 
effect on the day before the date of enactment 
of the PROSPER Act and pursuant to section 
461(a) of such Act,’’ after ‘‘part E,’’; 
(2) in subsection (b)— 
(A) in paragraph (3)(B), by striking ‘‘part 
B or D’’ and inserting ‘‘part B, D, or E’’; and 
(B) by adding at the end the following: 
‘‘(6) For purposes of competency-based education, in 
order to be eligible to receive any loan under this title for 
an award year, a student may be enrolled in coursework 
attributable only to 2 academic years within the award 
year.’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
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(I) by inserting ‘‘least as fre-
quently as’’ before ‘‘the end of each’’; 
and 
(II) by striking ‘‘, and’’ at the 
end and inserting a semicolon; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘the student has a 
cumulative’’ and inserting the fol-
lowing: ‘‘the student has— 
‘‘(i) a cumulative’’; 
(II) by striking ‘‘the second’’ and 
inserting ‘‘each’’; 
(III) by striking the period at the 
end and inserting ‘‘; or’’; and 
(IV) by adding at the end the fol-
lowing: 
‘‘(ii) for the purposes of competency- 
based programs, a non-grade equivalent 
demonstration of academic standing con-
sistent with the requirements for gradua-
tion, as determined by the institution, at 
the end of each such academic year; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
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389 
‘‘(C) the student maintains a pace in his or her 
educational program that— 
‘‘(i) ensures that the student completes the 
program within the maximum timeframe; and 
‘‘(ii) is measured by a method determined 
by the institution which may be based on credit 
hours, clock hours, or competencies com-
pleted.’’; 
(B) in paragraph (2), by striking ‘‘grading 
period’’ and inserting ‘‘evaluation period’’; and 
(C) by adding at the end the following: 
‘‘(4) For purposes of this subsection, the term ‘max-
imum timeframe’ means— 
‘‘(A) with respect to an undergraduate program 
measured in credit hours, a period that is no longer 
than 150 percent of the published length of the edu-
cational program, as measured in credit hours; 
‘‘(B) with respect to an undergraduate program 
measured in competencies, a period that is no longer 
than 150 percent of the published length of the edu-
cational program, as measured in competencies; 
‘‘(C) with respect to an undergraduate program 
measured in clock hours, a period that is no longer 
than 150 percent of the published length of the edu-
cational program, as measured by the cumulative 
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390 
number of clock hours the student is required to 
complete and expressed in calendar time; and 
‘‘(D) with respect to a graduate program, a pe-
riod defined by the institution that is based on the 
length of the educational program.’’; 
(4) by amending subsection (d) to read as fol-
lows: 
‘‘(d) ADDITIONAL STUDENT ELIGIBILITY.— 
‘‘(1) ABILITY
TO
BENEFIT
STUDENTS.—In 
order for a student who does not have a certificate 
of graduation from a school providing secondary 
education, or the recognized equivalent of such cer-
tificate, to be eligible for any assistance under sub-
part 1 of part A and parts C, D, and E of this title, 
the student shall be determined by the institution of 
higher education as having the ability to benefit 
from the education offered by the institution of high-
er education upon satisfactory completion of 6 credit 
hours or the equivalent coursework that are applica-
ble toward a degree or certificate offered by the in-
stitution of higher education. 
‘‘(2) HOMESCHOOL STUDENTS.—A student who 
has completed a secondary school education in a 
home school setting that is treated as a home school 
or private school under State law shall be eligible for 
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391 
assistance under subpart 1 of part A and parts C, 
D, and E of this title. 
‘‘(3) SECONDARY
EDUCATION
PROVIDED
BY 
NONPROFIT
CORPORATIONS.—A student who has 
completed a secondary education provided by a 
school operating as a nonprofit corporation that of-
fers a program of study determined acceptable for 
admission at an institution of higher education shall 
be eligible for assistance under subpart 1 of part A 
and parts C, D, and E of this title.’’. 
(5) in subsection (f)(1), by striking ‘‘or part E’’ 
both places it appears and inserting the following: ‘‘, 
part E (as in effect on the day before the date of 
enactment of the PROSPER Act and pursuant to 
section 461(a) of such Act), or part E (as in effect 
on or after the date of enactment of the PROSPER 
Act)’’; 
(6) by striking subsection (l); 
(7) in subsection (n)— 
(A) by striking ‘‘(n) DATA BASE MATCH-
ING.—To enforce’’; and inserting the following: 
‘‘(n) SELECTIVE SERVICE REGISTRATION.— 
‘‘(1) DATA BASE MATCHING.—To enforce’’; and 
(B) by adding at the end the following: 
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392 
‘‘(2) EFFECT OF FAILURE TO REGISTER FOR 
SELECTIVE SERVICE.—A person who is 26 years of 
age or older shall not be ineligible for assistance or 
a benefit provided under this title by reason of fail-
ure to present himself for, and submit to, registra-
tion under section 3 of the Military Selective Service 
Act (50 U.S.C. 3802).’’; and 
(8) by redesignating subsections (m) through 
(t) as subsections (l) through (s). 
SEC. 486. STATUTE OF LIMITATIONS. 
Section 484A (20 U.S.C. 1088) is amended— 
(1) in subsection (a)(2)(C)— 
(A) by striking ‘‘or section 463(a)’’ and in-
serting ‘‘, section 463(a) (as in effect on the 
day before the date of enactment of the PROS-
PER Act and pursuant to section 461(a) of 
such Act), or section 463 (as in effect on or 
after the date of enactment of the PROSPER 
Act)’’; and 
(B) by striking ‘‘or E’’ and inserting ‘‘, E 
(as in effect on the day before the date of en-
actment of the PROSPER Act and pursuant to 
section 461(a) of such Act), or E (as in effect 
on or after the date of enactment of the PROS-
PER Act)’’; and 
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393 
(2) in subsection (b)— 
(A) by striking ‘‘and’’ at the end of para-
graph (2); 
(B) in paragraph (3)— 
(i) by inserting ‘‘(as in effect on the 
day before the date of enactment of the 
PROSPER Act and pursuant to section 
461(a) of such Act)’’ after ‘‘part E’’; 
(ii) by inserting ‘‘(as so in effect)’’ 
after ‘‘section 463(a)’’; and 
(iii) by adding ‘‘and’’ at the end; and 
(C) by adding at the end the following: 
‘‘(4) in collecting any obligation arising from a 
loan made under part E (as in effect on or after the 
date of enactment of the PROSPER Act), an insti-
tution of higher education that has an agreement 
with the Secretary pursuant to section 463(a) (as so 
in effect) shall not be subject to a defense raised by 
any borrower based on a claim of infancy.’’. 
SEC. 487. INSTITUTIONAL REFUNDS. 
Section 484B (20 U.S.C. 1091b) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘If a recipient’’ and in-
serting the following: 
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395 
completed (as determined in accordance 
with subsection (d)) 0 to 24 percent of the 
payment period or period of enrollment; 
‘‘(ii) 25 percent, if the day the stu-
dent withdrew occurs when the student has 
completed (as determined in accordance 
with subsection (d)) 25 to 49 percent of 
the payment period or period of enroll-
ment; 
‘‘(iii) 50 percent, if the day the stu-
dent withdrew occurs when the student has 
completed (as determined in accordance 
with subsection (d)) 50 to 74 percent of 
the payment period or period of enroll-
ment; or 
‘‘(iv) 75 percent, if the day the stu-
dent withdrew occurs when the student has 
completed (as determined in accordance 
with subsection (d)) 75 to 99 percent of 
the payment period or period of enroll-
ment.’’. 
(ii) in subparagraph (C)(i), by strik-
ing ‘‘subparts 1 and 3 of part A’’ and in-
serting ‘‘subpart 1 of part A’’; and 
(C) in paragraph (4)— 
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(i) in subparagraph (A), by striking 
‘‘Secretary), the institution of higher edu-
cation shall contact the borrower’’ and in-
serting ‘‘Secretary), the institution of high-
er education shall have discretion to deter-
mine whether all or a portion of the late or 
post-withdrawal disbursement should be 
made, under a publicized institutional pol-
icy. If the institution of higher education 
determines that a disbursement should be 
made, the institution shall contact the bor-
rower’’; and 
(ii) in subparagraph (B) by striking 
‘‘institution or the student, or both, as 
may be required under paragraphs (1) and 
(2) of subsection (b), to the programs 
under this title in the order specified in’’ 
and inserting ‘‘institution, as may be re-
quired under paragraph (1) of subsection 
(b), to the programs under this title in ac-
cordance with’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) RETURN OF TITLE IV PROGRAM FUNDS.— 
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‘‘(1) RESPONSIBILITY OF THE INSTITUTION.— 
The institution shall return not later than 60 days 
from the determination of withdrawal, in accordance 
with paragraph (3), the amount of grant and loan 
assistance awarded under this title that has not been 
earned by the student, as calculated under sub-
section (a)(3)(C). 
‘‘(2) RESPONSIBILITY OF THE STUDENT.— 
‘‘(A) IN GENERAL.—The student is not re-
sponsible to return assistance that has not been 
earned, except that the institution may require 
the student to pay to the institution up to 10 
percent of the amount owed by the institution 
in paragraph (1). 
‘‘(B) RULE OF CONSTRUCTION.—Nothing 
in this section shall be construed to prevent an 
institution from enforcing the published institu-
tional refund policies of such institution. 
‘‘(3) ORDER OF RETURN OF TITLE IV FUNDS.— 
‘‘(A) IN GENERAL.—Excess funds returned 
by the institution in accordance with paragraph 
(1) shall be credited to awards under subpart 1 
of part A for the payment period or period of 
enrollment for which a return of funds is re-
quired. 
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398 
‘‘(B) REMAINING
EXCESSES.—If excess 
funds remain after repaying all outstanding 
grant amounts, the remaining excess shall be 
credited in the following order: 
‘‘(i) To outstanding balances on loans 
made under this title to the student or on 
behalf of the student for the payment pe-
riod or period of enrollment for which a re-
turn of funds is required. 
‘‘(ii) To other assistance awarded 
under this title for which a return of funds 
is required.’’; 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) WITHDRAWAL DATE.— 
‘‘(1) IN GENERAL.—In this section, the term 
‘day the student withdrew’— 
‘‘(A) for institutions not required to take 
attendance, is the date as determined by the in-
stitution that— 
‘‘(i) the student began the withdrawal 
process prescribed and publicized by the 
institution, or a later date if the student 
continued attendance despite beginning the 
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399 
withdrawal process, but did not then com-
plete the payment period; or 
‘‘(ii) in the case of a student who does 
not begin the withdrawal process, the date 
that is the mid-point of the payment period 
for which assistance under this title was 
disbursed or another date documented by 
the institution; or 
‘‘(B) for institutions required to take at-
tendance, is determined by the institution from 
such attendance records. 
‘‘(2) SPECIAL
RULE.—Notwithstanding para-
graph (1), if the institution determines that a stu-
dent did not begin the withdrawal process, due to ill-
ness, accident, grievous personal loss, or other such 
circumstances beyond the student’s control, the in-
stitution may determine the appropriate withdrawal 
date under its own defined policies. 
‘‘(3) ATTENDANCE.—An institution is required 
to take attendance if an institution’s accrediting 
agency or State licensing agency has a requirement 
that the institution take attendance for all students 
in an academic program throughout the entire pay-
ment period.’’; and 
(4) by striking subsections (d) and (e). 
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400 
SEC. 488. INFORMATION DISSEMINATED TO PROSPECTIVE 
AND ENROLLED STUDENTS. 
(a) USE OF WEBSITE TO DISSEMINATE INFORMA-
TION.—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).’’. 
(b) INFORMATION ON PROHIBITING COPYRIGHT IN-
FRINGEMENT.—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. 
(c) ELIMINATION OF CERTAIN REPORTING REQUIRE-
MENTS.— 
(1) 
IN
GENERAL.—Section 
485(a)(1) 
(20 
U.S.C. 1092(a)(1)) is amended— 
(A) by striking subparagraph (L); 
(B) by redesignating subparagraphs (M) 
through (P) as subparagraphs (L) through (O); 
and 
(C) by striking subparagraphs (Q) through 
(V) and inserting the following: 
‘‘(P) the fire safety report prepared by the 
institution pursuant to subsection (i); and 
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‘‘(Q) the link to the institution’s informa-
tion on the College Dashboard website operated 
under section 132.’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
485(a) (20 U.S.C. 1092(a)) is amended by striking 
paragraphs (3) through (7). 
(d) EXIT COUNSELING.—Section 485(b) (20 U.S.C. 
1092(b)) is amended— 
(1) in paragraph (1)(A)— 
(A) in the matter preceding clause (i)— 
(i) by striking ‘‘through financial aid 
offices 
or 
otherwise’’ 
and 
inserting 
‘‘through the use of an interactive pro-
gram, 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 
(ii) by inserting ‘‘, as in effect on the 
day before the date of enactment of the 
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 enact-
ment of the PROSPER Act’’ after ‘‘part 
E’’; 
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‘‘(xiv) 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)).’’; 
(2) in paragraph (1)(B)— 
(A) by inserting ‘‘online or’’ before ‘‘in 
writing’’; and 
(B) by adding before the period at the end 
the following: ‘‘, except that in the case of an 
institution using the online counseling tool de-
scribed 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 
(3) in paragraph (2)(C), by inserting ‘‘, such as 
the online counseling tool described in subsection 
(n)(1)(A),’’ after ‘‘electronic means’’. 
(e) DEPARTMENTAL PUBLICATION OF DESCRIPTIONS 
OF ASSISTANCE PROGRAMS.—The third sentence of sec-
tion 485(d)(1) (20 U.S.C. 1092(d)(1)) is amended by 
striking ‘‘part D’’ and inserting ‘‘part D or E’’. 
(f) AMENDMENTS TO CLERY ACT.— 
(1) PREVENTING INTERFERENCE WITH CRIMI-
NAL
JUSTICE
PROCEEDINGS; TIMELY
WARNINGS; 
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CONSISTENCY
OF
INSTITUTIONAL
CRIME
REPORT-
ING.—Section 485(f) (20 U.S.C. 1092(f)) is amend-
ed— 
(A) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) Each institution participating in any pro-
gram under this title, other than a foreign institu-
tion 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 con-
fidential and shall be provided in a timely manner, 
except that an institution may delay issuing a report 
if the issuance would compromise ongoing law en-
forcement 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 in-
clude. 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 commu-
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nity, 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.’’; 
(B) by redesignating paragraph (18) as 
paragraph (20); and 
(C) by inserting after paragraph (17) the 
following: 
‘‘(18) Nothing in this subsection may be construed 
to prohibit an institution of higher education from delay-
ing the initiation of, or suspending, an investigation or in-
stitutional disciplinary proceeding involving an allegation 
of sexual assault in response to a request from a law en-
forcement 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. 
‘‘(19)(A) Reporting carried out under this subsection 
shall be conducted in a manner to ensure maximum con-
sistency with the Uniform Crime Reporting Program of 
the Department of Justice. 
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‘‘(B) The Secretary shall require institutions of high-
er 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. 
‘‘(C) The Secretary shall maintain a publicly avail-
able and updated list of all applicable definitions from the 
Uniform Crime Reporting Program of the Department of 
Justice. 
‘‘(D) With respect to a report under this subsection, 
in the case of a crime for which no Uniform Crime Report-
ing Program of the Department of Justice definition ex-
ists, the Secretary shall require that institutions of higher 
education report such crime according to a definition pro-
vided by the Secretary. 
‘‘(E) 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 omis-
sions if the institution of higher education can dem-
onstrate that it made a reasonable and good faith effort 
to report crimes consistent with the definition provided by 
the Secretary. 
‘‘(F) 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 
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the Uniform Crime Reporting Program of the Department 
of Justice, so as to minimize duplicate reporting and en-
sure greater consistency with national crime reporting sys-
tems.’’. 
(2) DUE PROCESS REQUIREMENTS FOR INSTI-
TUTIONAL
DISCIPLINARY
PROCEEDINGS.—Section 
485(f)(8)(B)(iv)(I) (20 U.S.C. 1092(f)(8)(B)(iv)(I)) 
is amended to read as follows: 
‘‘(I) the investigation of the allegation 
and any institutional disciplinary pro-
ceeding in response to the allegation shall 
be prompt, impartial, and fair to both the 
accuser and the accused by, at a min-
imum— 
‘‘(aa) providing all parties to the 
proceeding with adequate written no-
tice of the allegation not later than 2 
weeks prior to the start of any formal 
hearing or similar adjudicatory pro-
ceeding, and including in such notice 
a description of all rights and respon-
sibilities under the proceeding, a 
statement of all relevant details of the 
allegation, and a specific statement of 
the sanctions which may be imposed; 
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