12 2 STA T .3 3 0 2 PUBLIC LA W 110 – 31 5— AU G .1 4, 200 8‘ ‘ (I II )ifsubcla us e s (I) or (II) d o n o t a p pl y to a student deter m ined to be a missin g person , inform t h e appropriate la w enforcement agency . ‘‘( 2 ) RULEOFC O NSTR UCT I ON. —N othing in this subsection shall be construed— ‘‘( A )topro v ide 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 S TU D ENTS C ONCERNIN GP EN A LTIES FOR D RUG V IOLATIONS.— ‘‘( 1 ) NOTICE U P ON ENROLL M ENT.— E ach 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 48 4(r). ‘‘(2) NOTICE AFTER LOSS OF ELIGI B ILIT Y .—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 BORRO W ERS.— ‘‘(1) DISCLOSURE RE Q UIRED 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 F ederal Direct Consolidation L oan or a Federal Direct PL U S 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 understand- able 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 INTERACTI V E PROGRAMS.— T he Secretary shall encourage institutions to carry out the re q uirements of subparagraph (A) through the use of interactive pro- grams 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.
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