12 2 STA T .3 3 09PUBLIC LA W 110 – 31 5— AU G .1 4, 200 8ano n f o rcibles e x offense ,th ere p ort on the res u lts of an yd isciplinary proceedin g conducted by such institution against a student w ho is the alleged perpetrator of such cri m eor offense with respect to such crime or offense .I f the alleged v ictim of such crime or offense is deceased as a result of such crime or offense, the next of k in of such victim shall be treated as the alleged victim for purposes of this paragraph. ‘ ‘ (27) In the case of an institution that has entered into a preferred lender arrangement, the institution will at least annually compile, maintain, and make available for students attending the institution, and the families of such students, a list, in print or other medium, of the specific lenders for loans made, insured, or guaranteed under this title or private education loans that the institution recommends, promotes, or endorses in accordance with such preferred lender arrange - ment. In making such list, the institution shall comply with the re q uirements of subsection (h). ‘‘(2 8 )( A ) T he institution will, upon the request of an applicant for a private education loan, provide to the applicant the form required under section 1 28(e)( 3 ) of the Truth in L ending Act (1 5U . S . C . 1 6 38(e)(3)), and the information required to complete such form, to the extent the institution possesses such information. ‘‘( B ) F or purposes of this paragraph, the term ‘private edu- cation loan ’ has the meaning given such term in section 1 40 of the Truth in Lending Act. ‘‘(2 9 ) The institution certifies that the institution — ‘‘(A) has developed plans to effectively combat the unauthori z ed distribution of copyrighted material, including through the use of a variety of technology-based deterrents
and ‘‘(B) will, to the extent practicable, offer alternatives to illegal downloading or peer-to-peer distribution of intellectual property, as determined by the institution in consultation with the chief technology officer or other des- ignated officer of the institution.’’. (B) EF F ECTIV E DA TE.—The amendment made by subparagraph (A) with respect to section 487(a)(26) of the H igher Education Act of 1965 (as added by subparagraph (A)) shall apply with respect to any disciplinary proceeding conducted by an institution on or after the day that is one year after the date of enactment of this Act. (b) A U DIT S
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R CE M ENT OF STANDARDS.—Section 487(c)(1)(A)(i) (20 U.S.C. 1094(c)(1)(A)(i)) is amended by inserting before the semicolon at the end the following
‘‘, except that the Secretary may modify the requirements of this clause with respect to institutions of higher education that are foreign institutions, and may waive such requirements with respect to a foreign institution whose students receives less than $ 500,000 in loans under this title during the award year preceding the audit period’’. (c) IMPLEMENTATION OF N ON-TITLE I V REVENUE RE Q UIREMENT; CODE OF CONDUCT; INSTITUTIONAL REQUIREMENTS FOR TEAC H - O UTS; INSPECTOR G ENERAL REPORT ON GIFT BAN VIOLATIONS; P RE- FERRED LENDER LIST REQUIREMENTS.—Section 487 (20 U.S.C. 1094) is further amended— 20USC1 0 94note. Ce r t if i ca tion. L i s ts.
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