20 U.S. Code § 1092 - Institutional and financial assistance information for students | U.S. Code | US Law | LII / Legal Informa

20 U.S. Code § 1092 - Institutional and financial assistance information for students | U.S. Code | US Law | LII / Legal Information Institute
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20 U.S. Code § 1092 - Institutional and financial assistance information for students
U.S. Code
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(a)
Information dissemination activities
(1)
Each eligible institution participating in any program under this subchapter shall carry out information dissemination activities for prospective and enrolled students (including those attending or planning to attend less than full time) regarding the institution and all financial assistance under this subchapter. The information required by this section shall be produced and be made readily available upon request, through appropriate publications, mailings, and electronic media, to an enrolled student and to any
prospective student
. Each eligible institution shall, on an annual basis, provide to all enrolled students a list of the information that is required to be provided by institutions to students by this section and section 444 of the
General Education Provisions Act
20 U.S.C. 1232g
] (commonly known as the “
Family Educational Rights and Privacy Act of 1974
”), together with a statement of the procedures required to obtain such information. The information required by this section shall accurately describe—
(A)
the student financial assistance programs available to students who enroll at such institution;
(B)
the methods by which such assistance is distributed among student recipients who enroll at such institution;
(C)
any means, including forms, by which application for student financial assistance is made and requirements for accurately preparing such application;
(D)
the rights and responsibilities of students receiving financial assistance under this subchapter;
(E)
the cost of attending the institution, including (i) tuition and fees, (ii) books and supplies, (iii) estimates of typical student room and board costs or typical commuting costs, and (iv) any additional cost of the program in which the student is enrolled or expresses a specific interest;
(F)
a statement of—
(i)
the requirements of any refund policy with which the institution is required to comply;
(ii)
the requirements under
section 1091b of this title
for the return of grant or loan assistance provided under this subchapter; and
(iii)
the requirements for officially withdrawing from the institution;
(G)
the academic program of the institution, including (i) the current degree programs and other educational and training programs, (ii) the instructional, laboratory, and other physical plant facilities which relate to the academic program, (iii) the faculty and other instructional personnel, and (iv) any plans by the institution for improving the academic program of the institution;
(H)
each person designated under subsection (c) of this section, and the methods by which and locations in which any person so designated may be contacted by students and
prospective students
who are seeking information required by this subsection;
(I)
special facilities and services available to students with disabilities;
(J)
the names of associations, agencies, or governmental bodies which accredit, approve, or license the institution and its programs, and the procedures under which any current or
prospective student
may obtain or review upon request a copy of the documents describing the institution’s accreditation, approval, or licensing;
(K)
the standards which the student must maintain in order to be considered to be making satisfactory progress, pursuant to
section 1091(a)(2) of this title
(L)
the completion or graduation rate of certificate- or degree-seeking, full-time, undergraduate students entering such institutions;
(M)
the terms and conditions of the loans that students receive under parts B, D, and E;
(N)
that enrollment in a program of study abroad approved for credit by the home institution may be considered enrollment in the home institution for purposes of applying for Federal student financial assistance;
(O)
the
campus
crime report prepared by the institution pursuant to subsection (f), including all required reporting categories;
(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;
(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.
(2)
For the purpose of this section, the term “
prospective student
” means any individual who has contacted an eligible institution requesting information concerning admission to that institution.
(3)
In calculating the completion or graduation rate under subparagraph (L) of paragraph (1) of this subsection or under subsection (e), a student shall be counted as a completion or graduation if, within 150 percent of the normal time for completion of or graduation from the program, the student has completed or graduated from the program, or enrolled in any program of an eligible institution for which the prior program provides substantial preparation. The information required to be disclosed under such subparagraph—
(A)
shall be made available by July 1 each year to enrolled students and
prospective students
prior to the students enrolling or entering into any financial obligation; and
(B)
shall cover the one-year period ending on August 31 of the preceding year.
(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 during which 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.
(5)
The
Secretary
shall permit any
institution of higher education
that is a member of an athletic association or athletic conference that has voluntarily published completion or graduation rate data or has agreed to publish data that, in the opinion of the
Secretary,
is substantially comparable to the information required under this subsection, to use such data to satisfy the requirements of this subsection.
(6)
Each institution may provide supplemental information to enrolled and
prospective students
showing the completion or graduation rate for students described in paragraph (4) or for students transferring into the institution or information showing the rate at which students transfer out of the institution.
(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 1078–8 of this title
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 1078–8 of this title
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 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
August 14, 2008
, convene a group of representatives from diverse institutions of higher education, experts in the field of higher education policy, state
[1]
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 education
(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
August 14, 2008
, and ending on
June 30, 2011
(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 1078–3 of this title
or loans under
section 1078–2 of this title
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 subchapter 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 subchapter, 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 1092(d) of this title
(v)
for any forbearance provision of this subchapter, 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 1092(d) of this title
(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 1078–3 of this title
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;
(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
(x)
an explanation that—
(I)
the borrower may be contacted during the repayment period by third-party student debt relief companies;
(II)
the borrower should use caution when dealing with those companies; and
(III)
the services that those companies typically provide are already offered to borrowers free of charge through the
Department
or the borrower’s servicer; and
(B)
In the case of borrower who leaves an institution without the prior knowledge of the institution, the institution shall attempt to provide the information described in subparagraph (A) to the student in writing.
(2)
(A)
Each eligible institution shall require that the borrower of a loan made under part B, D, or E submit to the institution, during the exit interview required by this subsection—
(i)
the borrower’s expected permanent address after leaving the institution (regardless of the reason for leaving);
(ii)
the name and address of the borrower’s expected employer after leaving the institution;
(iii)
the address of the borrower’s next of kin; and
(iv)
any corrections in the institution’s records relating the borrower’s name, address, social security number, references, and driver’s license number.
(B)
The institution shall, within 60 days after the interview, forward any corrected or completed information received from the borrower to the guaranty agency indicated on the borrower’s student aid records.
(C)
Nothing in this subsection shall be construed to prohibit an
institution of higher education
from utilizing electronic means to provide personalized exit counseling.
(c)
Financial assistance information personnel
Each eligible institution shall designate an employee or group of employees who shall be available on a full-time basis to assist students or potential students in obtaining information as specified in subsection (a). The
Secretary
may, by regulation, waive the requirement that an employee or employees be available on a full-time basis for carrying out responsibilities required under this section whenever an institution in which the total enrollment, or the portion of the enrollment participating in programs under this subchapter at that institution, is too small to necessitate such employee or employees being available on a full-time basis. No such waiver may include permission to exempt any such institution from designating a specific individual or a group of individuals to carry out the provisions of this section.
(d)
Departmental publication of descriptions of assistance programs
(1)
The
Secretary
shall make available to eligible institutions, eligible lenders, and
secondary schools
descriptions of Federal student assistance programs including the rights and responsibilities of student and institutional participants, in order to (A) assist students in gaining information through institutional sources, and (B) assist institutions in carrying out the provisions of this section, so that individual and institutional participants will be fully aware of their rights and responsibilities under such programs. In particular, such information shall include information to enable students and
prospective students
to assess the debt burden and monthly and total repayment obligations that will be incurred as a result of receiving loans of varying amounts under this subchapter. 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 B and income-contingent and income-based repayment plans for loans made under part D. In addition, such information shall include information to enable borrowers to assess the practical consequences of loan consolidation, including differences in deferment eligibility, interest rates, monthly payments, and finance charges, and samples of loan consolidation profiles to illustrate such consequences. The
Secretary
shall provide information concerning the specific terms and conditions under which students may obtain partial or total cancellation or defer repayment of loans for service, shall indicate (in terms of the Federal minimum wage) the maximum level of compensation and allowances that a student borrower may receive from a tax-exempt organization to qualify for a deferment, and shall explicitly state that students may qualify for such partial cancellations or deferments when they serve as a paid employee of a tax-exempt organization. The
Secretary
shall also provide information on loan forbearance, including the increase in debt that results from capitalization of interest. Such information shall be provided by eligible institutions and eligible lenders at any time that information regarding loan availability is provided to any student.
(2)
The
Secretary
, to the extent the information is available, shall compile information describing State and other prepaid tuition programs and savings programs and disseminate such information to States, eligible institutions, students, and parents in departmental publications.
(3)
The
Secretary
, to the extent practicable, shall update the
Department
’s Internet site to include direct links to databases that contain information on public and private financial assistance programs. The
Secretary
shall only provide direct links to databases that can be accessed without charge and shall make reasonable efforts to verify that the databases included in a direct link are not providing fraudulent information. The
Secretary
shall prominently display adjacent to any such direct link a disclaimer indicating that a direct link to a database does not constitute an endorsement or recommendation of the database, the provider of the database, or any services or products of such provider. The
Secretary
shall provide additional direct links to information resources from which students may obtain information about fraudulent and deceptive practices in the provision of services related to student financial aid.
(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.
(e)
Disclosures required with respect to athletically related student aid
(1)
Each
institution of higher education
which participates in any program under this subchapter and is attended by students receiving
athletically related student aid
shall annually submit a report to the
Secretary
which contains—
(A)
the number of students at the
institution of higher education
who received
athletically related student aid
broken down by race and sex in the following sports: basketball, football, baseball, cross country/track, and all other sports combined;
(B)
the number of students at the
institution of higher education
, broken down by race and sex;
(C)
the completion or graduation rate for students at the
institution of higher education
who received
athletically related student aid
broken down by race and sex in the following sports: basketball, football, baseball, cross country/track and all other sports combined;
(D)
the completion or graduation rate for students at the
institution of higher education
, broken down by race and sex;
(E)
the average completion or graduation rate for the 4 most recent completing or graduating classes of students at the
institution of higher education
who received
athletically related student aid
broken down by race and sex in the following categories: basketball, football, baseball, cross country/track, and all other sports combined; and
(F)
the average completion or graduation rate for the 4 most recent completing or graduating classes of students at the
institution of higher education
broken down by race and sex.
(2)
When an institution described in paragraph (1) of this subsection offers a potential student athlete
athletically related student aid
, such institution shall provide to the student and the student’s parents, guidance counselor, and coach the information contained in the report submitted by such institution pursuant to paragraph (1). If the institution is a member of a national collegiate athletic association that compiles graduation rate data on behalf of the association’s member institutions that the
Secretary
determines is substantially comparable to the information described in paragraph (1), the distribution of the compilation of such data to all
secondary schools
in the United States shall fulfill the responsibility of the institution to provide information to a
prospective student
athlete’s guidance counselor and coach.
(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 during which 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.
(4)
Each
institution of higher education
described in paragraph (1) may provide supplemental information to students and the
Secretary
showing the completion or graduation rate when such completion or graduation rate includes students transferring into and out of such institution.
(5)
The
Secretary
, using the reports submitted under this subsection, shall compile and publish a report containing the information required under paragraph (1) broken down by—
(A)
individual institutions of higher education; and
(B)
athletic conferences recognized by the National Collegiate Athletic Association and the National Association of Intercollegiate Athletics.
(6)
The
Secretary
shall waive the requirements of this subsection for any
institution of higher education
that is a member of an athletic association or athletic conference that has voluntarily published completion or graduation rate data or has agreed to publish data that, in the opinion of the
Secretary,
is substantially comparable to the information required under this subsection.
(7)
The
Secretary
, in conjunction with the National Junior College Athletic Association, shall develop and obtain data on completion or graduation rates from two-year colleges that award
athletically related student aid
. Such data shall, to the extent practicable, be consistent with the reporting requirements set forth in this section.
(8)
For purposes of this subsection, the term “
athletically related student aid
” means any scholarship, grant, or other form of financial assistance the terms of which require the recipient to participate in a program of intercollegiate athletics at an
institution of higher education
in order to be eligible to receive such assistance.
(9)
The reports required by this subsection shall be due each July 1 and shall cover the 1-year period ending August 31 of the preceding year.
(f)
Disclosure of campus security policy and campus crime statistics
(1)
Each eligible institution participating in any program under this subchapter, other than a foreign
institution of higher education
, shall on
August 1, 1991
, begin to collect the following information with respect to
campus
crime statistics and
campus
security policies of that institution, and beginning
September 1, 1992
, and each year thereafter, prepare, publish, and distribute, through appropriate publications or mailings, to all current students and employees, and to any applicant for enrollment or employment upon request, an annual security report containing at least the following information with respect to the
campus
security policies and
campus
crime statistics of that institution:
(A)
A statement of current
campus
policies regarding procedures and facilities for students and others to report criminal actions or other emergencies occurring on
campus
and policies concerning the institution’s response to such reports.
(B)
A statement of current policies concerning security and access to
campus
facilities, including
campus
residences, and security considerations used in the maintenance of
campus
facilities.
(C)
A statement of current policies concerning
campus
law enforcement, including—
(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, when the victim of such crime elects or is unable to make such a report.
(D)
A description of the type and frequency of programs designed to inform students and employees about
campus
security procedures and practices and to encourage students and employees to be responsible for their own security and the security of others.
(E)
A description of programs designed to inform students and employees about the prevention of crimes.
(F)
Statistics concerning the occurrence on
campus
, in or on noncampus buildings or property, and on
public property
during the most recent calendar year, and during the 2 preceding calendar years for which data are available—
(i)
of the following criminal offenses reported to
campus
security authorities or local police agencies:
(I)
murder;
(II)
sex offenses, forcible or nonforcible;
(III)
robbery;
(IV)
aggravated assault;
(V)
burglary;
(VI)
motor vehicle theft;
(VII)
manslaughter;
(VIII)
arson;
(IX)
arrests or persons referred for
campus
disciplinary action for liquor law violations, drug-related violations, and weapons possession;
(ii)
of the crimes described in subclauses (I) through (VIII) of clause (i), of larceny-theft, simple assault, intimidation, and destruction, damage, or vandalism of property, and of other crimes involving bodily injury to any person, in which the victim is intentionally selected because of the actual or perceived race, gender, religion, national origin, sexual orientation, gender identity,,
[2]
ethnicity, or
disability
of the victim that are reported to
campus
security authorities or local police agencies, which data shall be collected and reported according to category of prejudice;
(iii)
of
domestic violence
dating violence,
and
stalking
incidents that were reported to
campus
security authorities or local police agencies; and
(iv)
of
hazing
incidents that were reported to
campus
security authorities or local police agencies.
(G)
A statement of policy concerning the monitoring and recording through local police agencies of criminal activity at off-
campus
student organizations
which are recognized by the institution and that are engaged in by students attending the institution, including those
student organizations
with off
-campus
housing facilities.
(H)
A statement of policy regarding the possession, use, and sale of alcoholic beverages and enforcement of State underage drinking laws and a statement of policy regarding the possession, use, and sale of illegal drugs and enforcement of Federal and State drug laws and a description of any drug or alcohol abuse education programs as required under
section 1011i of this title
(I)
A statement advising the
campus
community where law enforcement agency information provided by a State under section 14071(j)
[3]
of title 42, concerning registered sex offenders may be obtained, such as the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the
campus,
or a computer network address.
(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.
(K)
A statement of current policies relating to
hazing
(as defined by the institution), how to report incidents of such
hazing
, and the process used to investigate such incidents of
hazing
, and information on applicable local, State, and Tribal laws on
hazing
(as defined by such local, State, and Tribal laws).
(L)
A statement of policy regarding prevention and awareness programs related to
hazing
(as defined by the institution) that includes a description of research-informed
campus-
wide prevention programs designed to reach students, staff, and faculty, which includes—
(i)
the information referred to in subparagraph (K); and
(ii)
primary prevention strategies intended to stop
hazing
before
hazing
occurs, which may include skill building for bystander intervention, information about ethical leadership, and the promotion of strategies for building group cohesion without
hazing
(2)
Nothing in this subsection shall be construed to authorize the
Secretary
to require particular policies, procedures, or practices by institutions of higher education with respect to
campus
crimes or
campus
security.
(3)
Each institution participating in any program under this subchapter, other than a foreign
institution of higher education
, shall make timely reports to the
campus
community on crimes considered to be a threat to other students and employees described in paragraph (1)(F) that are reported to
campus
security or local law police agencies. Such reports shall be provided to students and employees in a manner that is timely, that withholds the names of victims as confidential, and that will aid in the prevention of similar occurrences.
(4)
(A)
Each institution participating in any program under this subchapter, other than a foreign
institution of higher education
, that maintains a police or security
department
of any kind shall make, keep, and maintain a daily log, written in a form that can be easily understood, recording all crimes reported to such police or security
department,
including—
(i)
the nature, date, time, and general location of each crime; and
(ii)
the disposition of the complaint, if known.
(B)
(i)
All entries that are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law or such disclosure would jeopardize the confidentiality of the victim, be open to public inspection within two business days of the initial report being made to the
department
or a
campus
security authority.
(ii)
If new information about an entry into a log becomes available to a police or security
department
, then the new information shall be recorded in the log not later than two business days after the information becomes available to the police or security
department
(iii)
If there is clear and convincing evidence that the release of such information would jeopardize an ongoing criminal investigation or the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence, such information may be withheld until that damage is no longer likely to occur from the release of such information.
(5)
On an annual basis, each institution participating in any program under this subchapter, other than a foreign
institution of higher education
, shall submit to the
Secretary
a copy of the statistics required to be made available under paragraph (1)(F). The
Secretary
shall—
(A)
review such statistics and report to the
authorizing committees
on
campus
crime statistics by
September 1, 2000
(B)
make copies of the statistics submitted to the
Secretary
available to the public; and
(C)
in coordination with representatives of institutions of higher education, identify exemplary
campus
security policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of
campus
crime.
(6)
(A)
In this subsection:
(i)
The terms “
dating violence
”, “
domestic violence
”, and
“stalking”
have the meaning given such terms in
section 12291(a) of title 34
(ii)
The term “
campus
” means—
(I)
any building or property owned or controlled by an
institution of higher education
within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and
(II)
property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).
(iii)
The term “
noncampus building or property
” means—
(I)
any building or property owned or controlled by a
student organization
recognized by the institution; and
(II)
any building or property (other than a branch
campus
) owned or controlled by an
institution of higher education
that is used in direct support of, or in relation to, the institution’s educational purposes, is used by students, and is not within the same reasonably contiguous geographic area of the institution.
(iv)
The term “
public property
” means all
public property
that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution if the facility is used by the institution in direct support of, or in a manner related to the institution’s educational purposes.
(v)
The term “
sexual assault
” means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the
Federal Bureau of Investigation
(vi)
The term “
hazing
”, for purposes of reporting statistics on
hazing
incidents under paragraph (1)(F)(iv), means any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that—
(I)
is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a
student organization
; and
(II)
causes or creates a risk, above the reasonable risk encountered in the course of participation in the
institution of higher education
or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury including—
(aa)
whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity;
(bb)
causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;
(cc)
causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;
(dd)
causing, coercing, or otherwise inducing another person to perform sexual acts;
(ee)
any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;
(ff)
any activity against another person that includes a criminal violation of local, State, Tribal, or Federal law; and
(gg)
any activity that induces, causes, or requires another person to perform a duty or task that involves a criminal violation of local, State, Tribal, or Federal law.
(vii)
The term “
student organization
”, for purposes of reporting under paragraph (1)(F)(iv) and paragraph (9)(A), means an organization at an
institution of higher education
(such as a club, society, association, varsity or junior varsity athletic team, club sports team, fraternity, sorority, band, or student government) in which two or more of the members are students enrolled at the
institution of higher education,
whether or not the organization is established or recognized by the institution.
(B)
In cases where branch
campuses
of an
institution of higher education,
schools within an
institution of higher education,
or administrative divisions within an institution are not within a reasonably contiguous geographic area, such entities shall be considered separate
campuses
for purposes of the reporting requirements of this section.
(7)
The statistics described in clauses (i) and (ii) of paragraph (1)(F) shall be compiled in accordance with the definitions used in the uniform crime reporting system of the
Department of Justice
Federal Bureau of Investigation
, and the modifications in such definitions as implemented pursuant to the
Hate Crime Statistics Act
. For the offenses of
domestic violence,
dating violence,
and
stalking,
such statistics shall be compiled in accordance with the definitions used in
section 12291(a) of title 34
. For
hazing
incidents referred to in clause (iv) of paragraph (1)(F), such statistics shall be compiled per each single
hazing
incident and in accordance with the definition of the term
“hazing”
in paragraph (6)(A)(vi), and if the same person or persons commit more than one
hazing
act, and the time and place intervals separating each such act are insignificant, such acts shall be reported as a single
hazing
incident. Such statistics shall not identify victims of crimes or persons accused of crimes.
(8)
(A)
Each
institution of higher education
participating in any program under this subchapter and title IV of the
Economic Opportunity Act of 1964
other than a foreign
institution of higher education,
shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding—
(i)
such institution’s programs to prevent
domestic violence
dating violence,
sexual assault,
and
stalking;
and
(ii)
the procedures that such institution will follow once an incident of
domestic violence
dating violence,
sexual assault,
or
stalking
has been reported, including a statement of the standard of evidence that will be used during any institutional conduct proceeding arising from such a report.
(B)
The policy described in subparagraph (A) shall address the following areas:
(i)
Education programs to promote the awareness of rape, acquaintance rape,
domestic violence
dating violence,
sexual assault,
and
stalking,
which shall include—
(I)
primary prevention and awareness programs for all incoming students and new employees, which shall include—
(aa)
a statement that the
institution of higher education
prohibits the offenses of
domestic violence
dating violence,
sexual assault,
and
stalking;
(bb)
the definition of
domestic violence
dating violence,
sexual assault,
and
stalking
in the applicable jurisdiction;
(cc)
the definition of consent, in reference to sexual activity, in the applicable jurisdiction;
(dd)
safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of
domestic violence
dating violence,
sexual assault,
or
stalking
against a person other than such individual;
(ee)
information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and
(ff)
the information described in clauses (ii) through (vii); and
(II)
ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (ff) of subclause (I).
(ii)
Possible sanctions or protective measures that such institution may impose following a final determination of an institutional disciplinary procedure regarding rape, acquaintance rape,
domestic violence
dating violence,
sexual assault,
or
stalking.
(iii)
Procedures victims should follow if a sex offense,
domestic violence
dating violence,
sexual assault,
or
stalking
has occurred, including information in writing about—
(I)
the importance of preserving evidence as may be necessary to the proof of criminal
domestic violence
dating violence,
sexual assault,
or
stalking,
or in obtaining a protection order;
(II)
to whom the alleged offense should be reported;
(III)
options regarding law enforcement and
campus
authorities, including notification of the victim’s option to—
(aa)
notify proper law enforcement authorities, including on-
campus
and local police;
(bb)
be assisted by
campus
authorities in notifying law enforcement authorities if the victim so chooses; and
(cc)
decline to notify such authorities; and
(IV)
where applicable, the rights of victims and the institution’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.
(iv)
Procedures for institutional disciplinary action in cases of alleged
domestic violence
dating violence,
sexual assault,
or
stalking,
which shall include a clear statement that—
(I)
such proceedings shall—
(aa)
provide a prompt, fair, and impartial investigation and resolution; and
(bb)
be conducted by officials who receive annual training on the issues related to
domestic violence
dating violence,
sexual assault,
and
stalking
and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability;
(II)
the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and
(III)
both the accuser and the accused shall be simultaneously informed, in writing, of—
(aa)
the outcome of any institutional disciplinary proceeding that arises from an allegation of
domestic violence
dating violence,
sexual assault,
or
stalking;
(bb)
the institution’s procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding;
(cc)
of any change to the results that occurs prior to the time that such results become final; and
(dd)
when such results become final.
(v)
Information about how the institution will protect the confidentiality of victims, including how publicly-available recordkeeping will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law.
(vi)
Written notification of students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-
campus
and in the community.
(vii)
Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if so requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to
campus
police or local law enforcement.
(C)
A student or employee who reports to an
institution of higher education
that the student or employee has been a victim of
domestic violence
dating violence,
sexual assault,
or
stalking,
whether the offense occurred on or off
campus,
shall be provided with a written explanation of the student or employee’s rights and options, as described in clauses (ii) through (vii) of subparagraph (B).
(9)
(A)
Each institution participating in any program under this subchapter, other than a foreign
institution of higher education
, shall develop, in accordance with the institution’s statement of policy relating to
hazing
under paragraph (1)(K), a report (which shall be referred to as the
“Campus
Hazing
Transparency Report”) summarizing findings concerning any
student organization
(except that this shall only apply to
student organizations
that are established or recognized by the institution) found to be in violation of an institution’s standards of conduct relating to
hazing,
as defined by the institution, (hereinafter referred to in this paragraph as a
“hazing
violation”) that requires the institution to—
(i)
beginning
July 1, 2025
, collect information with respect to
hazing
incidents at the institution;
(ii)
not later than 12 months after
December 23, 2024
, make the Campus
Hazing
Transparency Report publicly available on the public website of the institution; and
(iii)
not less frequently than 2 times each year, update the
Campus
Hazing
Transparency Report to include, for the period beginning on the date on which the Report was last published and ending on the date on which such update is submitted, each incident involving a
student organization
for which a finding of responsibility is issued relating to a
hazing
violation, including—
(I)
the name of such
student organization
(II)
a general description of the violation that resulted in a finding of responsibility, including whether the violation involved the abuse or illegal use of alcohol or drugs, the findings of the institution, and any sanctions placed on the
student organization
by the institution, as applicable; and
(III)
the dates on which—
(aa)
the incident was alleged to have occurred;
(bb)
the investigation into the incident was initiated;
(cc)
the investigation ended with a finding that a
hazing
violation occurred; and
(dd)
the institution provided notice to the
student organization
that the incident resulted in a
hazing
violation.
(B)
The
Campus
Hazing
Transparency Report may include—
(i)
to satisfy the requirements of this paragraph, information that—
(I)
is included as part of a report published by the institution; and
(II)
meets the requirements of the
Campus
Hazing
Transparency Report; and
(ii)
any additional information—
(I)
determined by the institution to be necessary; or
(II)
reported as required by State law.
(C)
The
Campus
Hazing
Transparency Report shall not include any personally identifiable information, including any information that would reveal personally identifiable information, about any individual student in accordance with section 444 of the
General Education Provisions Act
20 U.S.C. 1232g
] (commonly known as the “
Family Educational Rights and Privacy Act of 1974
”).
(D)
The institution shall publish, in a prominent location on the public website of the institution, the
Campus
Hazing
Transparency Report, including—
(i)
a statement notifying the public of the annual availability of statistics on
hazing
pursuant to the report required under paragraph (1)(F), including a link to such report;
(ii)
information about the institution’s policies relating to
hazing
under paragraph (1)(K) and applicable local, State, and Tribal laws on
hazing
; and
(iii)
the information included in each update required under subparagraph (A)(iii), which shall be maintained for a period of 5 calendar years from the date of publication of such update.
(E)
The institution may include, as part of the publication of the
Campus
Hazing
Transparency Report under subparagraph (D), a description of the purposes of, and differences between—
(i)
the report required under paragraph (1)(F); and
(ii)
the
Campus
Hazing
Transparency Report required under this paragraph.
(F)
For purposes of this paragraph, the definition of “
campus
” under paragraph (6)(A)(ii) shall not apply.
(G)
An institution described in subparagraph (A) is not required to—
(i)
develop the
Campus
Hazing
Transparency Report under this subsection until such institution has a finding of a
hazing
violation; or
(ii)
update the
Campus
Hazing
Transparency Report in accordance with clause (iii) of subparagraph (A) for a period described in such clause if such institution does not have a finding of a
hazing
violation for such period.
(10)
The
Secretary
, in consultation with the Attorney General of the United States, shall provide technical assistance in complying with the provisions of this section to an
institution of higher education
who requests such assistance.
(11)
Nothing in this section shall be construed to require the reporting or disclosure of privileged information.
(12)
The
Secretary
shall report to the appropriate committees of
Congress
each
institution of higher education
that the
Secretary
determines is not in compliance with the reporting requirements of this subsection.
(13)
For purposes of reporting the statistics with respect to crimes described in paragraph (1)(F), an
institution of higher education
shall distinguish, by means of separate categories, any criminal offenses that occur—
(A)
on
campus
(B)
in or on a
noncampus building or property
(C)
on
public property
; and
(D)
in dormitories or other residential facilities for students on
campus
(14)
Upon a determination pursuant to
section 1094(c)(3)(B) of this title
that an
institution of higher education
has substantially misrepresented the number, location, or nature of the crimes required to be reported under this subsection, the
Secretary
shall impose a civil penalty upon the institution in the same amount and pursuant to the same procedures as a civil penalty is imposed under
section 1094(c)(3)(B) of this title
(15)
(A)
Nothing in this subsection may be construed to—
(i)
create a cause of action against any
institution of higher education
or any employee of such an institution for any civil liability; or
(ii)
establish any standard of care.
(B)
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.
(16)
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.
(17)
(A)
The
Secretary
shall seek the advice and counsel of the Attorney General of the United States concerning the development, and dissemination to institutions of higher education, of best practices information about
campus
safety and emergencies.
(B)
The
Secretary
shall seek the advice and counsel of the Attorney General of the United States and the
Secretary
of Health and Human Services concerning the development, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of
domestic violence
dating violence,
sexual assault,
and
stalking,
including elements of institutional policies that have proven successful based on evidence-based outcome measurements.
(18)
No officer, employee, or agent of an institution participating in any program under this subchapter shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection.
(19)
This subsection may be cited as the “Jeanne Clery
Campus
Safety Act
”.
(g)
Data required
(1)
In general
Each coeducational
institution of higher education
that participates in any program under this subchapter, and has an intercollegiate athletic program, shall annually, for the immediately preceding academic year, prepare a report that contains the following information regarding intercollegiate athletics:
(A)
The number of male and female full-time undergraduates that attended the institution.
(B)
A listing of the varsity teams that competed in intercollegiate athletic competition and for each such team the following data:
(i)
The total number of participants, by team, as of the day of the first scheduled contest for the team.
(ii)
Total
operating expenses
attributable to such teams, except that an institution may also report such expenses on a per capita basis for each team and expenditures attributable to closely related teams such as track and field or swimming and diving, may be reported together, although such combinations shall be reported separately for men’s and women’s teams.
(iii)
Whether the head coach is male or female and whether the head coach is assigned to that team on a full-time or part-time basis. Graduate assistants and volunteers who serve as head coaches shall be considered to be head coaches for the purposes of this clause.
(iv)
The number of assistant coaches who are male and the number of assistant coaches who are female for each team and whether a particular coach is assigned to that team on a full-time or part-time basis. Graduate assistants and volunteers who serve as assistant coaches shall be considered to be assistant coaches for the purposes of this clause.
(C)
The total amount of money spent on
athletically related student aid
, including the value of waivers of educational expenses, separately for men’s and women’s teams overall.
(D)
The ratio of
athletically related student aid
awarded male athletes to
athletically related student aid
awarded female athletes.
(E)
The total amount of expenditures on recruiting, separately for men’s and women’s teams overall.
(F)
The total annual revenues generated across all men’s teams and across all women’s teams, except that an institution may also report such revenues by individual team.
(G)
The average annual institutional salary of the head coaches of men’s teams, across all offered sports, and the average annual institutional salary of the head coaches of women’s teams, across all offered sports.
(H)
The average annual institutional salary of the assistant coaches of men’s teams, across all offered sports, and the average annual institutional salary of the assistant coaches of women’s teams, across all offered sports.
(I)
(i)
The total revenues, and the revenues from football, men’s basketball, women’s basketball, all other men’s sports combined and all other women’s sports combined, derived by the institution from the institution’s intercollegiate athletics activities.
(ii)
For the purpose of clause (i), revenues from intercollegiate athletics activities allocable to a sport shall include (without limitation) gate receipts, broadcast revenues, appearance guarantees and options, concessions, and advertising, but revenues such as student activities fees or alumni contributions not so allocable shall be included in the calculation of total revenues only.
(J)
(i)
The total expenses, and the expenses attributable to football, men’s basketball, women’s basketball, all other men’s sports combined, and all other women’s sports combined, made by the institution for the institution’s intercollegiate athletics activities.
(ii)
For the purpose of clause (i), expenses for intercollegiate athletics activities allocable to a sport shall include (without limitation) grants-in-aid, salaries, travel, equipment, and supplies, but expenses such as general and administrative overhead not so allocable shall be included in the calculation of total expenses only.
(2)
Special rule
For the purposes of paragraph (1)(G), if a coach has responsibilities for more than one team and the institution does not allocate such coach’s salary by team, the institution should divide the salary by the number of teams for which the coach has responsibility and allocate the salary among the teams on a basis consistent with the coach’s responsibilities for the different teams.
(3)
Disclosure of information to students and public
An
institution of higher education
described in paragraph (1) shall make available to students and potential students, upon request, and to the public, the information contained in the report described in paragraph (1), except that all students shall be informed of their right to request such information.
(4)
Submission; report; information availability
(A)
On an annual basis, each
institution of higher education
described in paragraph (1) shall provide to the
Secretary,
within 15 days of the date that the institution makes available the report under paragraph (1), the information contained in the report.
(B)
The
Secretary
shall ensure that the reports described in subparagraph (A) are made available to the public within a reasonable period of time.
(C)
Not later than 180 days after
October 7, 1998
, the
Secretary
shall notify all
secondary schools
in all States regarding the availability of the information made available under paragraph (1), and how such information may be accessed.
(5)
“Operating expenses” defined
For the purposes of this subsection, the term “
operating expenses
” means expenditures on lodging and meals, transportation, officials, uniforms and equipment.
(h)
Transfer of credit policies
(1)
Disclosure
Each
institution of higher education
participating in any program under this subchapter 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—
(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
20 U.S.C. 1221
et seq.]; 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 subchapter 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 institution described in paragraph (1) shall, on an annual basis, submit to the
Secretary
a copy of the statistics required to be made available under paragraph (1)(A).
(3)
Current information to campus community
Each institution described in paragraph (1) 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
20 U.S.C. 1232g
] (commonly known as 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 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 subchapter 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; and
(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)
Repealed.
Pub. L. 116–260, div. FF, title VII, § 702(n)(1)(C)
Dec. 27, 2020
134 Stat. 3186
(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 1078–3 of this title
or a loan made on behalf of a student pursuant to
section 1078–2 of this title
) 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 paragraph (2). 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.
(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
1078–2
or
1078–8
of this title, 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
1078
or
1078–8
of this title; and
(II)
as appropriate, graduate borrowers of loans under section
1078
1078–2
, or
1078–8
of this title; 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.
(m)
Disclosures of reimbursements for service on advisory boards
(1)
Disclosure
Each
institution of higher education
participating in any program under this subchapter shall report, on an annual basis, to the
Secretary,
any reasonable expenses paid or provided under
section 1650(d) of title 15
to any employee who is employed in the financial aid office of the institution, or who otherwise has responsibilities with respect to education loans or other financial aid of the institution. Such reports shall include—
(A)
the amount for each specific instance of reasonable expenses paid or provided;
(B)
the name of the financial aid official, other employee, or agent to whom the expenses were paid or provided;
(C)
the dates of the activity for which the expenses were paid or provided; and
(D)
a brief description of the activity for which the expenses were paid or provided.
(2)
Report to
Congress
The
Secretary
shall summarize the information received from institutions of higher education under paragraph (1) in a report and transmit such report annually to the
authorizing committees
Pub. L. 89–329, title IV, § 485
, as added
Pub. L. 99–498, title IV, § 407(a)
Oct. 17, 1986
100 Stat. 1482
; amended
Pub. L. 100–50, § 15(10)
, (11),
June 3, 1987
101 Stat. 357
Pub. L. 101–542, title I
, §§ 103(a), (b), 104(a), title II, § 204(a),
Nov. 8, 1990
104 Stat. 2381–2385
Pub. L. 101–610, title II
, §§ 201–203,
Nov. 16, 1990
104 Stat. 3171
, 3172;
Pub. L. 102–26, § 10(a)
–(d),
Apr. 9, 1991
105 Stat. 128
Pub. L. 102–164, title VI, § 603
Nov. 15, 1991
105 Stat. 1066
Pub. L. 102–325, title IV, § 486(a)
–(c)(2),
July 23, 1992
106 Stat. 620
, 621;
Pub. L. 103–208, § 2(h)(28)
–(37), (k)(9),
Dec. 20, 1993
107 Stat. 2477
, 2486;
Pub. L. 103–382, title III, § 360B(c)
Oct. 20, 1994
108 Stat. 3970
Pub. L. 104–208, div. A, title I, § 101(e) [title III, § 308]
Sept. 30, 1996
110 Stat. 3009–233
, 3009–262;
Pub. L. 105–18, title VI, § 60001(a)
June 12, 1997
111 Stat. 214
Pub. L. 105–244, title I, § 102(b)(3)
, title IV, § 486,
Oct. 7, 1998
112 Stat. 1622
, 1741;
Pub. L. 106–386, div. B, title VI, § 1601(c)(1)
Oct. 28, 2000
114 Stat. 1537
Pub. L. 110–315, title I, § 103(b)(11)
, title IV, § 488, title X, § 1011(c),
Aug. 14, 2008
122 Stat. 3090
, 3293, 3482;
Pub. L. 111–39, title IV, § 407(b)(5)
July 1, 2009
123 Stat. 1951
Pub. L. 113–4, title III, § 304(a)
Mar. 7, 2013
127 Stat. 89
Pub. L. 116–251, § 3
Dec. 22, 2020
134 Stat. 1129
Pub. L. 116–260, div. FF, title VII, § 702(n)(1)(C)
Dec. 27, 2020
134 Stat. 3186
Pub. L. 118–173
, §§ 2(a)(1), (2), (4)–(b), 3, 4,
Dec. 23, 2024
138 Stat. 2597–2599
, 2601;
Pub. L. 119–21, title VIII, § 82001(c)(2)(C)
July 4, 2025
139 Stat. 341
.)
[1]
So in original. Probably should be capitalized.
[2]
So in original.
[3]
See References in Text note below.
Amendment of Subsection (d)(1)
Pub. L. 119–21, title VIII, § 82001(c)(2)(C)
, (3),
July 4, 2025
139 Stat. 341
, provided that, effective on
July 1, 2028
, subsection (d)(1) of this section is amended by striking “income-contingent and”. See 2025 Amendment note below.
Editorial Notes
References in Text
Section 14071 of title 42
, referred to in subsec. (f)(1)(I), was repealed by
Pub. L. 109–248, title I, § 129(a)
July 27, 2006
120 Stat. 600
The
Hate Crime Statistics Act
, referred to in subsec. (f)(7), is
Pub. L. 101–275
Apr. 23, 1990
104 Stat. 140
, which enacted
section 41305 of Title 34
, Crime Control and Law Enforcement, and provisions set out as a note under
section 41305 of Title 34
Title IV of the
Economic Opportunity Act of 1964
, referred to in subsec. (f)(8)(A), is title IV of
Pub. L. 88–452
, which was classified to subchapter IV (§ 2901 et seq.) of chapter 34 of Title 42, The Public Health and Welfare, prior to repeal by
Pub. L. 97–35, title VI, § 683(a)
Aug. 13, 1981
95 Stat. 519
The
General Education Provisions Act
, referred to in subsec. (h)(2)(C), is title IV of
Pub. L. 90–247
Jan. 2, 1968
81 Stat. 814
, which is classified generally to chapter 31 (§ 1221 et seq.) of this title. For complete classification of this Act to the Code, see
section 1221 of this title
and Tables.
Section 264 of the
Health Insurance Portability and Accountability Act of 1996
, referred to in subsec. (i)(5)(B), is
section 264 of title II of Pub. L. 104–191
Aug. 21, 1996
110 Stat. 2033
, which is set out as a note under
section 1320d–2 of Title 42
, The Public Health and Welfare.
Prior Provisions
A prior section 1092,
Pub. L. 89–329, title IV, § 485
, as added
Pub. L. 96–374, title IV, § 451(a)
Oct. 3, 1980
94 Stat. 1449
, related to provision of institutional and financial assistance information for students, prior to the general revision of this part by
Pub. L. 99–498
Another prior section 1092,
Pub. L. 89–329, title V, § 508
, formerly § 502,
Nov. 8, 1965
79 Stat. 1255
; renumbered § 508 and amended
Pub. L. 90–35
, §§ 2(b), 7,
June 29, 1967
81 Stat. 82
, 93, prohibited the making of payments for religious purposes for authorized programs, prior to repeal by
Pub. L. 94–482, title I, § 151(a)(2)
Oct. 12, 1976
90 Stat. 2151
Amendments
2025—Subsec. (d)(1).
Pub. L. 119–21
struck out “income-contingent and” before “income-based repayment plans for loans made under part D”.
2024—Subsec. (f)(1)(F)(iv).
Pub. L. 118–173, § 2(a)(1)
, added cl. (iv).
Subsec. (f)(1)(K), (L).
Pub. L. 118–173, § 2(b)
, added subpars. (K) and (L).
Subsec. (f)(6)(A)(vi).
Pub. L. 118–173, § 2(a)(4)
, added cl. (vi).
Subsec. (f)(6)(A)(vii).
Pub. L. 118–173, § 2(a)(5)
, added cl. (vii).
Subsec. (f)(7).
Pub. L. 118–173, § 2(a)(2)
, inserted “For
hazing
incidents referred to in clause (iv) of paragraph (1)(F), such statistics shall be compiled per each single
hazing
incident and in accordance with the definition of the term
‘hazing’
in paragraph (6)(A)(vi), and if the same person or persons commit more than one
hazing
act, and the time and place intervals separating each such act are insignificant, such acts shall be reported as a single
hazing
incident.” before “Such statistics shall not identify”.
Subsec. (f)(9) to (18).
Pub. L. 118–173, § 3
, added par. (9) and redesignated former pars. (9) to (17) as (10) to (18), respectively. Former par. (18) redesignated (19).
Subsec. (f)(19).
Pub. L. 118–173, § 4
, substituted “Jeanne Clery
Campus
Safety Act
” for “Jeanne Clery Disclosure of
Campus
Security Policy and
Campus
Crime Statistics Act”.
Pub. L. 118–173, § 3
, redesignated par. (18) as (19).
2020—Subsec. (b)(1)(A)(viii), (x).
Pub. L. 116–251
, which directed amendment of subsec. (b) of this section by striking out “and” after semicolon in cl. (viii) and adding cl. (x), was executed to subsec. (b)(1)(A) of this section to reflect the probable intent of
Congress
Subsec. (k).
Pub. L. 116–260
struck out subsec. (k) which related to notice to students concerning penalties for drug violations.
2013—Subsec. (f)(1)(C)(iii).
Pub. L. 113–4, § 304(a)(1)(A)
, substituted “, when the victim of such crime elects or is unable to make such a report.” for period at end.
Subsec. (f)(1)(F)(i)(VIII).
Pub. L. 113–4, § 304(a)(1)(B)(i)
, struck out “and” after semicolon.
Subsec. (f)(1)(F)(ii).
Pub. L. 113–4, § 304(a)(1)(B)(ii)(I)
, substituted “national origin, sexual orientation, gender identity,” for “sexual orientation”.
Subsec. (f)(1)(F)(iii).
Pub. L. 113–4, § 304(a)(1)(B)(ii)(II)
, (iii), added cl. (iii).
Subsec. (f)(3).
Pub. L. 113–4, § 304(a)(2)
, inserted “, that withholds the names of victims as confidential,” after “that is timely”.
Subsec. (f)(6)(A).
Pub. L. 113–4, § 304(a)(3)
, added cls. (i) and (v) and redesignated former cls. (i) to (iii) as (ii) to (iv), respectively.
Subsec. (f)(7).
Pub. L. 113–4, § 304(a)(4)
, substituted “clauses (i) and (ii) of paragraph (1)(F)” for “paragraph (1)(F)” and inserted “For the offenses of
domestic violence,
dating violence,
and
stalking,
such statistics shall be compiled in accordance with the definitions used in
section 13925(a) of title 42
.” after “
Hate Crime Statistics Act
.”
Subsec. (f)(8).
Pub. L. 113–4, § 304(a)(5)
, added par. (8) and struck out former par. (8) which related to development of statements of policy regarding campus
sexual assault
programs by institutions of higher education.
Subsec. (f)(9).
Pub. L. 113–4, § 304(a)(6)
, substituted “The
Secretary,
in consultation with the Attorney General of the United States,” for “The
Secretary”
Subsec. (f)(16).
Pub. L. 113–4, § 304(a)(7)
, added par. (16) and struck out former par. (16) which read as follows: “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.”
Subsec. (f)(17).
Pub. L. 113–4, § 304(a)(8)
, added par. (17) and struck out former par. (17) which read as follows: “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 subchapter to retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual with respect to the implementation of any provision of this subsection.”
2009—Subsec. (a)(1).
Pub. L. 111–39, § 407(b)(5)(A)(i)(I)
, substituted “commonly known as the ‘
Family Educational Rights and Privacy Act of 1974
’ ” for “also referred to as the
Family Educational Rights and Privacy Act of 1974
” in introductory provisions.
Subsec. (a)(1)(I).
Pub. L. 111–39, § 407(b)(5)(A)(i)(II)
, substituted “students with disabilities” for “handicapped students”.
Subsec. (a)(4)(B).
Pub. L. 111–39, § 407(b)(5)(A)(ii)
, inserted “during which” after “time period”.
Subsec. (a)(7)(B)(iv).
Pub. L. 111–39, § 407(b)(5)(A)(iii)
, inserted “education” after “higher” in introductory provisions.
Subsec. (e)(3)(B).
Pub. L. 111–39, § 407(b)(5)(B)
, inserted “during which” after “time period”.
Subsec. (f)(1).
Pub. L. 111–39, § 407(b)(5)(C)
, inserted “of” after “foreign institution” in introductory provisions.
Subsec. (f)(3), (4)(A), (5), (8)(A).
Pub. L. 111–39, § 407(b)(5)(C)(ii)
, substituted “under this subchapter, other than a foreign
institution of higher education,
” for “under this subchapter”.
Subsec. (g)(2).
Pub. L. 111–39, § 407(b)(5)(D)
, substituted “paragraph (1)(G)” for “subparagraph (G)”.
Subsec. (i)(2), (3).
Pub. L. 111–39, § 407(b)(5)(E)(i)
, (ii), substituted “institution described in paragraph (1)” for “eligible institution participating in any program under this subchapter”.
Subsec. (i)(5)(B).
Pub. L. 111–39, § 407(b)(5)(E)(iii)
, substituted “commonly known as the ‘
Family Educational Rights and Privacy Act of 1974
’ ” for “the
Family Educational Rights and Privacy Act of 1974
”.
Subsec. (k)(2).
Pub. L. 111–39, § 407(b)(5)(F)
, inserted “section” before “1091(r)(1)”.
Subsec. (l)(1)(A).
Pub. L. 111–39, § 407(b)(5)(G)
, substituted “paragraph (2)” for “subparagraph (B)” in introductory provisions.
2008—Subsec. (a)(1)(G)(iv).
Pub. L. 110–315, § 488(a)(1)(A)
, added cl. (iv).
Subsec. (a)(1)(M).
Pub. L. 110–315, § 488(a)(1)(B)
, added subpar. (M) and struck out former subpar. (M) which read as follows: “the terms and conditions under which students receiving guaranteed student loans under part B of this subchapter or direct student loans under part E of this subchapter, or both, may—
“(i) obtain deferral of the repayment of the principal and interest for service under the
Peace Corps Act
(as established by the
Peace Corps Act
22 U.S.C. 2501
et seq.)) or under the
Domestic Volunteer Service Act of 1973
, or for comparable full-time service as a volunteer for a tax-exempt organization of demonstrated effectiveness in the field of community service, and
“(ii) obtain partial cancellation of the student loan for service under the
Peace Corps Act
(as established by the
Peace Corps Act
22 U.S.C. 2501
et seq.)) under the
Domestic Volunteer Service Act of 1973
or, for comparable full-time service as a volunteer for a tax-exempt organization of demonstrated effectiveness in the field of community service;”.
Subsec. (a)(1)(P) to (V).
Pub. L. 110–315, § 488(a)(1)(C)
–(E), added subpars. (P) to (V).
Subsec. (a)(4).
Pub. L. 110–315, § 488(a)(2)
, added par. (4) and struck out former par. (4) which read as follows: “For purposes of this section, institutions may 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 services, on official church missions, or with a recognized foreign aid service of the Federal Government.”
Subsec. (a)(7).
Pub. L. 110–315, § 488(a)(3)
, added par. (7).
Subsec. (b)(1)(A).
Pub. L. 110–315, § 488(b)
, which directed the general amendment of subpar. (A), with the new subpar. (A) including a subsec. (b) designation and heading and par. (1) designation, was executed by substituting the new subpar. (A) without the added subsec. (b) designation and heading and par. (1) designation for the existing subpar. (A), to reflect the probable intent of
Congress
. Prior to amendment, subpar. (A) read as follows: “Each eligible institution shall, through financial aid officers or otherwise, make available counseling to borrowers of loans which are made, insured, or guaranteed under part B (other than loans made pursuant to
section 1078–2 of this title
) of this subchapter or made under part D or E of this subchapter 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) the average anticipated monthly repayments, a review of the repayment options available, and such debt and management strategies as the institution determines are designed to facilitate the repayment of such indebtedness; and
“(ii) the terms and conditions under which the student may obtain partial cancellation or defer repayment of the principal and interest pursuant to sections
1078(b)
1087dd(c)(2)
, and
1087ee
of this title.”
Subsec. (d)(1).
Pub. L. 110–315, § 488(c)(1)
, inserted “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 B and income-contingent and income-based repayment plans for loans made under part D.” before “In addition, such information” and “The
Secretary
shall also provide information on loan forbearance, including the increase in debt that results from capitalization of interest.” before “Such information shall be provided”.
Subsec. (d)(4).
Pub. L. 110–315, § 488(c)(2)
, added par. (4).
Subsec. (e)(3).
Pub. L. 110–315, § 488(d)
, amended par. (3) generally. Prior to amendment, par. (3) read as follows: “For purposes of this subsection, institutions may 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 services, on official church missions, or with a recognized foreign aid service of the Federal Government.”
Subsec. (f)(1).
Pub. L. 110–315, § 488(e)(1)(A)
, inserted “, other than a foreign institution higher education,” after “chapter 34 of title 42” in introductory provisions.
Subsec. (f)(1)(C)(i) to (iii).
Pub. L. 110–315, § 488(e)(1)(B)
, added cls. (i) to (iii) and struck out former cls. (i) and (ii) which read as follows:
“(i) the enforcement authority of security personnel, including their working relationship with State and local police agencies; and
“(ii) policies which encourage accurate and prompt reporting of all crimes to the
campus
police and the appropriate police agencies.”
Subsec. (f)(1)(F)(ii).
Pub. L. 110–315, § 488(e)(1)(C)
, substituted “clause (i), of larceny-theft, simple assault, intimidation, and destruction, damage, or vandalism of property, and of” for “clause (i), and” and inserted a comma after “any person”.
Subsec. (f)(1)(J).
Pub. L. 110–315, § 488(e)(1)(D)
, added subpar. (J).
Subsec. (f)(5)(A).
Pub. L. 110–315, § 103(b)(11)
, substituted
“authorizing committees”
for “Committee on Education and the Workforce of the
House of Representatives
and the Committee on Labor and Human Resources of the
Senate
”.
Subsec. (f)(15) to (18).
Pub. L. 110–315, § 488(e)(2)
, (3), added pars. (15) to (17) and redesignated former par. (15) as (18).
Subsec. (g)(4)(B) to (D).
Pub. L. 110–315, § 488(f)
, redesignated subpars. (C) and (D) as (B) and (C), respectively, struck out “and the report to
Congress
described in subparagraph (B)” after “subparagraph (A)” in subpar. (B) and “the information reported under subparagraph (B) and” after “availability of” in subpar. (C), and struck out former subpar. (B) which read as follows: “The
Secretary
shall prepare a report regarding the information received under subparagraph (A) and submit such report to the Committee on Education and the Workforce of the
House of Representatives
and the Committee on Labor and Human Resources of the
Senate
by
April 1, 2000
. The report shall—
“(i) summarize the information and identify trends in the information;
“(ii) aggregate the information by divisions of the National Collegiate Athletic Association; and
“(iii) contain information on each individual
institution of higher education
.”
Subsecs. (h) to (l).
Pub. L. 110–315, § 488(g)
, added subsecs. (h) to (l).
Subsec. (m).
Pub. L. 110–315, § 1011(c)
, added subsec. (m).
2000—Subsec. (f)(1)(I).
Pub. L. 106–386
added subpar. (I).
1998—Subsec. (a)(1).
Pub. L. 105–244, § 486(a)(1)(B)
, in introductory provisions, inserted after second sentence “Each eligible institution shall, on an annual basis, provide to all enrolled students a list of the information that is required to be provided by institutions to students by this section and
section 1232g of this title
, together with a statement of the procedures required to obtain such information.”
Pub. L. 105–244, § 486(a)(1)(A)
, in introductory provisions, substituted “upon request, through appropriate publications, mailings, and electronic media, to an enrolled student and to any
prospective student”
for “, through appropriate publications and mailings, to all current students, and to any
prospective student
upon request”.
Subsec. (a)(1)(F).
Pub. L. 105–244, § 486(a)(1)(C)
, amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “a statement of the refund policy of the institution, as determined under
section 1091b of this title
, for the return of unearned tuition and fees or other refundable portion of cost, as described in subparagraph (E) of this paragraph, which refunds shall be credited in the following order:
“(i) to outstanding balances on loans under part B of this subchapter for the period of enrollment for which a refund is required,
“(ii) to outstanding balances on loans under part D of this subchapter for the period of enrollment for which a refund is required,
“(iii) to outstanding balances on loans under part E of this subchapter for the period of enrollment for which a refund is required,
“(iv) to awards under subpart 1 of part A of this subchapter,
“(v) to awards under subpart 3 of part A of this subchapter,
“(vi) to other student assistance, and
“(vii) to the student;”.
Subsec. (a)(1)(O).
Pub. L. 105–244, § 486(a)(1)(D)
–(F), added subpar. (O).
Subsec. (a)(3)(A).
Pub. L. 105–244, § 486(a)(2)
, amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “shall, for any academic year beginning more than 270 days after the
Secretary
first prescribes final regulations pursuant to such subparagraph (L), be made available to current and
prospective students
prior to enrolling or entering into any financial obligation; and”.
Subsec. (a)(6).
Pub. L. 105–244, § 486(a)(3)
, added par. (6).
Subsec. (b)(1)(A).
Pub. L. 105–244, § 486(b)(1)
, struck out “(individually or in groups)” after “counseling to borrowers” in introductory provisions.
Subsec. (b)(2)(C).
Pub. L. 105–244, § 486(b)(2)
, added subpar. (C).
Subsec. (d).
Pub. L. 105–244, § 486(c)
, designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added pars. (2) and (3).
Subsec. (e)(2).
Pub. L. 105–244, § 486(d)(1)
, substituted “the student’s parents, guidance” for “his parents, his guidance” and inserted at end “If the institution is a member of a national collegiate athletic association that compiles graduation rate data on behalf of the association’s member institutions that the
Secretary
determines is substantially comparable to the information described in paragraph (1), the distribution of the compilation of such data to all
secondary schools
in the United States shall fulfill the responsibility of the institution to provide information to a
prospective student
athlete’s guidance counselor and coach.”
Subsec. (e)(9).
Pub. L. 105–244, § 486(d)(2)
, amended par. (9) generally. Prior to amendment, par. (9) read as follows: “This subsection shall not be effective until the first July 1 that follows, by more than 270 days, the date on which the
Secretary
first prescribes final regulations pursuant to this subsection. The reports required by this subsection shall be due on that July 1 and each succeeding July 1 and shall cover the 1-year period ending August 31 of the preceding year.”
Subsec. (f)(1)(F).
Pub. L. 105–244, § 486(e)(1)(A)
, amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “Statistics concerning the occurrence on
campus,
during the most recent calendar year, and during the 2 preceding calendar years for which data are available, of the following criminal offenses reported to
campus
security authorities or local police agencies—
“(i) murder;
“(ii) sex offenses, forcible or nonforcible;
“(iii) robbery;
“(iv) aggravated assault;
“(v) burglary; and
“(vi) motor vehicle theft.”
Subsec. (f)(1)(H).
Pub. L. 105–244, § 486(e)(1)(B)
, (C), redesignated subpar. (I) as (H) and struck out former subpar. (H) which read as follows: “Statistics concerning the number of arrests for the following crimes occurring on
campus:
“(i) liquor law violations;
“(ii) drug abuse violations; and
“(iii) weapons possessions.”
Subsec. (f)(1)(I).
Pub. L. 105–244, § 486(e)(1)(C)
, redesignated subpar. (I) as (H).
Pub. L. 105–244, § 102(b)(3)
, substituted “section 1011i” for “section 1145g”.
Subsec. (f)(4).
Pub. L. 105–244, § 486(e)(6)
, added par. (4). Former par. (4) redesignated (5).
Pub. L. 105–244, § 486(e)(2)(A)
, which directed the substitution of “On an annual basis, each” for “Upon request of the
Secretary,
each” was executed by making the substitution for “Upon the request of the
Secretary,
each” to reflect the probable intent of
Congress
Pub. L. 105–244, § 486(e)(2)(B)
, substituted “paragraph (1)(F)” for “paragraphs (1)(F) and (1)(H)”.
Subsec. (f)(4)(A).
Pub. L. 105–244, § 486(e)(2)(C)
–(E), substituted “and the Workforce” for “and Labor” and “2000” for “1995” and struck out “and” at end.
Subsec. (f)(4)(B), (C).
Pub. L. 105–244, § 486(e)(2)(F)
, (G), added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (f)(5).
Pub. L. 105–244, § 486(e)(5)
, redesignated par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (f)(5)(A).
Pub. L. 105–244, § 486(e)(3)
, amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “For purposes of this subsection, the term
‘campus’
includes—
“(i) any building or property owned or controlled by the
institution of higher education
within the same reasonably contiguous geographic area and used by the institution in direct support of, or related to its educational purposes; or
“(ii) any building or property owned or controlled by
student organizations
recognized by the institution.”
Subsec. (f)(6).
Pub. L. 105–244, § 486(e)(5)
, redesignated par. (5) as (6). Former par. (6) redesignated (7).
Pub. L. 105–244, § 486(e)(4)
, substituted “paragraph (1)(F)” for “paragraphs (1)(F) and (1)(H)” and inserted at end “Such statistics shall not identify victims of crimes or persons accused of crimes.”
Subsec. (f)(7), (8).
Pub. L. 105–244, § 486(e)(5)
, redesignated pars. (6) and (7) as (7) and (8), respectively.
Subsec. (f)(9) to (15).
Pub. L. 105–244, § 486(e)(7)
, added pars. (9) to (15).
Subsec. (g)(1)(I), (J).
Pub. L. 105–244, § 486(f)(1)
, added subpars. (I) and (J).
Subsec. (g)(4), (5).
Pub. L. 105–244, § 486(f)(2)
–(4), added par. (4), redesignated former par. (4) as (5), and struck out heading and text of former par. (5). Text read as follows: “The
Secretary
shall issue final regulations to implement the requirements of this subsection not later than 180 days following
October 20, 1994
. Each institution described in paragraph (1) shall make available its first report pursuant to this section not later than
October 1, 1996
.”
1997—Subsec. (a)(3)(B).
Pub. L. 105–18, § 60001(a)(1)
, substituted “August 31” for “June 30”.
Subsec. (e)(9).
Pub. L. 105–18, § 60001(a)(2)
, substituted “August 31” for “August 30”.
1996—Subsec. (e)(9).
Pub. L. 104–208
substituted “August 30” for “June 30”.
1994—Subsec. (g).
Pub. L. 103–382
added subsec. (g).
1993—Subsec. (a)(1)(F)(i) to (iii).
Pub. L. 103–208, § 2(h)(28)
, inserted before comma at end “for the period of enrollment for which a refund is required”.
Subsec. (a)(1)(F)(iv).
Pub. L. 103–208, § 2(h)(29)
, inserted “under” after “awards”.
Subsec. (a)(1)(F)(vi).
Pub. L. 103–208, § 2(h)(32)
, redesignated cl. (vii) as (vi) and struck out former cl. (vi) which read as follows: “to awards under part C of subchapter I of chapter 34 of title 42,”.
Subsec. (a)(1)(F)(vii).
Pub. L. 103–208, § 2(h)(32)
, redesignated cl. (viii) as (vii). Former cl. (vii) redesignated (vi).
Pub. L. 103–208, § 2(h)(30)
, struck out “provided under this subchapter” after “student assistance”.
Subsec. (a)(1)(F)(viii).
Pub. L. 103–208, § 2(h)(32)
, redesignated cl. (viii) as (vii).
Pub. L. 103–208, § 2(h)(31)
, struck out period after “student”.
Subsec. (a)(1)(L).
Pub. L. 103–208, § 2(k)(9)
, amended directory language of
Pub. L. 102–325, § 486(a)(3)
. See 1992 Amendment note below.
Pub. L. 103–208, § 2(h)(33)
, inserted comma after “full-time”.
Subsec. (a)(3)(A).
Pub. L. 103–208, § 2(h)(34)
, amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “shall be available beginning on
July 1, 1993
, and each year thereafter to current and
prospective students
prior to enrolling or entering into any financial obligation; and”.
Subsec. (b)(1)(A), (2)(A).
Pub. L. 103–208, § 2(h)(35)
, substituted “under part” for “under parts”.
Subsec. (d).
Pub. L. 103–208, § 2(h)(36)
, inserted period at end of penultimate sentence.
Subsec. (e)(9).
Pub. L. 103–208, § 2(h)(37)
, added subpar. (9).
1992—Subsec. (a)(1)(F).
Pub. L. 102–325, § 486(a)(1)
, inserted “, as determined under
section 1091b of this title
,” after “of the institution” and “, which refunds shall be credited in the following order:” after “of this paragraph” and added cls. (i) to (viii).
Subsec. (a)(1)(K).
Pub. L. 102–325, § 486(a)(2)
, struck out “and” at end.
Subsec. (a)(1)(L).
Pub. L. 102–325, § 486(a)(4)
, redesignated subpar. (L), relating to deferral or partial cancellation of student loans, as (M).
Pub. L. 102–325, § 486(a)(3)
, as amended by
Pub. L. 103–208, § 2(k)(9)
, amended subpar. (L), relating to completion or graduation rate, by substituting semicolon for period at end.
Subsec. (a)(1)(M).
Pub. L. 102–325, § 486(a)(4)
, (5), redesignated subpar. (L), relating to deferral or partial cancellation of student loans, as (M) and substituted “; and” for period at end.
Subsec. (a)(1)(N).
Pub. L. 102–325, § 486(a)(6)
, added subpar. (N).
Subsec. (b).
Pub. L. 102–325, § 486(b)
, amended subsec. (b) generally, making changes in substance and structure of former text which related to exit counseling for borrowers and borrower information.
Subsec. (f)(1)(F).
Pub. L. 102–325, § 486(c)(1)
, amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “Statistics concerning the occurrence on
campus,
during the most recent calendar year, and during the 2 preceding calendar years for which data are available, of the following criminal offenses reported to
campus
security authorities or local police agencies—
“(i) murder;
“(ii) rape;
“(iii) robbery;
“(iv) aggravated assault;
“(v) burglary; and
“(vi) motor vehicle theft.”
Subsec. (f)(7).
Pub. L. 102–325, § 486(c)(2)
, added par. (7).
1991—Subsec. (a)(1)(L).
Pub. L. 102–26, § 10(a)
, which directed the insertion of “undergraduate” after “full-time” in subpar. (L), was executed to the subpar. (L) added by
Pub. L. 101–542, § 103(a)
, relating to completion or graduation rate, to reflect the probable intent of
Congress
Subsec. (a)(3)(A) to (C).
Pub. L. 102–26, § 10(b)
, inserted “and” at end of subpar. (A), substituted a period for “; and” at end of subpar. (B), and struck out subpar. (C) which read as follows: “shall be updated not less than biennially.”
Subsec. (a)(5).
Pub. L. 102–26, § 10(c)
, added par. (5).
Subsec. (b).
Pub. L. 102–164
substituted “Exit counseling for borrowers; borrower information” for “Exit counseling for borrowers” in heading and inserted at end “Each eligible institution shall require that the borrower of a loan made under part B, part D, or part E of this subchapter submit to the institution, during the exit interview required by this subsection, the borrower’s expected permanent address after leaving the institution, regardless of the reason for leaving; the name and address of the borrower’s expected employer after leaving the institution; and the address of the borrower’s next of kin. In the case of a loan made under part B of this subchapter, the institution shall then submit this information to the holder of the loan.”
Subsec. (f)(1).
Pub. L. 102–26, § 10(d)
, substituted “
August 1, 1991
,” for “
September 1, 1991
,” in introductory provisions, and in subpar. (F) substituted “calendar year” and “calendar years” for “school year” and “school years”, respectively.
1990—Subsec. (a)(1)(L).
Pub. L. 101–610, § 201
, added subpar. (L) relating to deferral or partial cancellation of student loans.
Pub. L. 101–542, § 103(a)
, added subpar. (L) relating to completion or graduation rate.
Subsec. (a)(3), (4).
Pub. L. 101–542, § 103(b)
, added pars. (3) and (4).
Subsec. (b)(3).
Pub. L. 101–610, § 202
, added par. (3).
Subsec. (d).
Pub. L. 101–610, § 203
, inserted before last sentence “The
Secretary
shall provide information concerning the specific terms and conditions under which students may obtain partial or total cancellation or defer repayment of loans for service, shall indicate (in terms of the Federal minimum wage) the maximum level of compensation and allowances that a student borrower may receive from a tax-exempt organization to qualify for a deferment, and shall explicitly state that students may qualify for such partial cancellations or deferments when they serve as a paid employee of a tax-exempt organization”.
Subsec. (e).
Pub. L. 101–542, § 104(a)
, added subsec. (e).
Subsec. (f).
Pub. L. 101–542, § 204(a)
, added subsec. (f).
1987—Subsec. (b).
Pub. L. 100–50, § 15(10)
, inserted “(other than loans made pursuant to
section 1078–2 of this title
)” after “part B of this subchapter”.
Subsec. (d).
Pub. L. 100–50, § 15(11)
, inserted after second sentence “In addition, such information shall include information to enable borrowers to assess the practical consequences of loan consolidation, including differences in deferment eligibility, interest rates, monthly payments, and finance charges, and samples of loan consolidation profiles to illustrate such consequences.”
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Amendment by
Pub. L. 119–21
effective
July 1, 2028
, see
section 82001(c)(3) of Pub. L. 119–21
, set out as a note under
section 1078 of this title
Effective Date of 2024 Amendment
Pub. L. 118–173, § 2(c)
Dec. 23, 2024
138 Stat. 2599
, provided that:
“The amendments made by this section [amending this section] shall—
“(1)
take effect on the date that is 6 months after the date of enactment of this Act [
Dec. 23, 2024
]; and
“(2)
apply with respect to the annual security report required under section 485(f)(1) of the
Higher Education Act of 1965
20 U.S.C. 1092(f)(1)
) for the calendar year that is 2 years after such date of enactment, including any data collected on or after such effective date, and any subsequent report required under such section.”
Effective Date of 2020 Amendment
Amendment by
Pub. L. 116–260
effective
July 1, 2024
, except as otherwise expressly provided, and applicable with respect to
award year
2024–2025 and each subsequent
award year,
as determined under this chapter, see
section 701(b) of Pub. L. 116–260
, set out as a note under
section 1001 of this title
Amendment by
Pub. L. 116–260
may be implemented by
Secretary
of Education before (but not later than)
July 1, 2023
, notwithstanding certain provisions, with such date of implementation required to be published in the Federal Register, see
section 702(n)(2) of Pub. L. 116–260
, set out as a note under
section 1078–2 of this title
. Effective date of title VII of div. FF of
Pub. L. 116–260
was changed from
July 1, 2023
, to
July 1, 2024
, by
section 102(a) of Pub. L. 117–103
, see
section 701(b) of div. FF of Pub. L. 116–260
, set out as a note under
section 1001 of this title
. However, the
July 1, 2023
, implementation dates in
section 702(n)(2) of Pub. L. 116–260
were not correspondingly amended.
Amendment by
Pub. L. 116–251
effective 180 days after
Dec. 22, 2020
, see
section 6 of Pub. L. 116–251
, set out as a note under
section 1018 of this title
Effective Date of 2013 Amendment
Pub. L. 113–4, title III, § 304(b)
Mar. 7, 2013
127 Stat. 92
, provided that:
“The amendments made by this section [amending this section] shall take effect with respect to the annual security report under section 485(f)(1) of the
Higher Education Act of 1965
20 U.S.C. 1092(f)(1)
) prepared by an
institution of higher education
1 calendar year after the date of enactment of this Act [
Mar. 7, 2013
], and each subsequent calendar year.”
Effective Date of 2009 Amendment
Amendment by
Pub. L. 111–39
effective as if enacted on the date of enactment of
Pub. L. 110–315
Aug. 14, 2008
), see
section 3 of Pub. L. 111–39
, set out as a note under
section 1001 of this title
Effective Date of 2000 Amendment
Pub. L. 106–386, div. B, title VI, § 1601(c)(2)
Oct. 28, 2000
114 Stat. 1538
, provided that:
“The amendment made by this subsection [amending this section] shall take effect 2 years after the date of the enactment of this Act [
Oct. 28, 2000
].”
Effective Date of 1998 Amendment
Amendment by
Pub. L. 105–244
effective
Oct. 1, 1998
, except as otherwise provided in
Pub. L. 105–244
, see
section 3 of Pub. L. 105–244
, set out as a note under
section 1001 of this title
Effective Date of 1997 Amendment
Pub. L. 105–18, title VI, § 60001(b)
June 12, 1997
111 Stat. 214
, provided that:
“(1)
In General.—
Except as provided in paragraph (2), the amendments made by subsection (a) [amending this section] are effective upon enactment [
June 12, 1997
].
“(2)
Information dissemination.—
No institution shall be required to comply with the amendment made by subsection (a)(1) [amending this section] before
July 1, 1998
.”
Effective Date of 1993 Amendment
Amendment by
Pub. L. 103–208
effective as if included in the
Higher Education Amendments of 1992
Pub. L. 102–325
, except as otherwise provided, see
section 5(a) of Pub. L. 103–208
, set out as a note under
section 1051 of this title
Effective Date of 1992 Amendment
Amendment by section 486(a), (b), and (c)(2) of
Pub. L. 102–325
effective
July 23, 1992
, except that changes relating to disclosures effective with respect to periods of enrollment beginning on or after
July 1, 1993
, see
section 498 of Pub. L. 102–325
, set out as a note under
section 1088 of this title
Pub. L. 102–325, title IV, § 486(c)(3)
July 23, 1992
106 Stat. 622
, provided that:
“The amendment made by this subsection to subparagraph (F)(ii) of section 485(f)(1) of the Act [
20 U.S.C. 1092(f)(1)(F)(ii)
] shall be effective with respect to reports made pursuant to such section on or after
September 1, 1993
. The statistics required by subparagraph (F) of such section shall—
“(A)
in the report required on
September 1, 1992
, include statistics concerning the occurrence on
campus
of offenses during the period from
August 1, 1991
, to
July 31, 1992
“(B)
in the report required on
September 1, 1993
, include statistics concerning the occurrence on
campus
of offenses during (i) the period from
August 1, 1991
, to
December 31, 1991
, and (ii) the calendar year 1992;
“(C)
in the report required on
September 1, 1994
, include statistics concerning the occurrence on
campus
of offenses during (i) the period from
August 1, 1991
, to
December 31, 1991
, and (ii) the calendar years 1992 and 1993; and
“(D)
in the report required on September 1 of 1995 and each succeeding year, include statistics concerning the occurrence on
campus
of offenses during the three calendar years preceding the year in which the report is made.”
Effective Date of 1990 Amendment
Pub. L. 101–542, title I, § 104(b)
Nov. 8, 1990
104 Stat. 2384
, as amended by
Pub. L. 102–26, § 10(e)
Apr. 9, 1991
105 Stat. 128
, provided that:
“The report to the
Secretary
of Education required by the amendments made by this section [amending this section] shall be due on
July 1, 1993
, and annually thereafter, and shall cover the one-year period ending on June 30 of the preceding year.”
Pub. L. 101–542, title II, § 204(c)
Nov. 8, 1990
104 Stat. 2387
, provided that:
“The amendments made by this section [amending this section] shall take effect on
September 1, 1991
, except that the requirement of section 485(f)(1)(F) and (H) of the
Higher Education Act of 1965
[subsec. (f)(1)(F), (H) of this section] (as added by this section) shall be applied to require statistics with respect to school years preceding the date of enactment of this Act [
Nov. 8, 1990
] only to the extent that data concerning such years is reasonably available.”
Effective Date of 1987 Amendment
Amendment by
Pub. L. 100–50
effective as if enacted as part of the
Higher Education Amendments of 1986
Pub. L. 99–498
, see
section 27 of Pub. L. 100–50
, set out as a note under
section 1001 of this title
Effective Date
Section effective
Oct. 17, 1986
, except as otherwise provided, see
section 2 of Pub. L. 99–498
, set out as a note under
section 1001 of this title
Subsec. (b) of this section applicable only to periods of enrollment beginning on or after
July 1, 1987
, see
section 407(b) of Pub. L. 99–498
, set out as a note under
section 1091 of this title
Regulations
Pub. L. 101–542, title IV, § 401(a)
Nov. 8, 1990
104 Stat. 2388
, provided that:
“The
Secretary
is authorized to issue regulations to carry out the provisions of this Act [amending this section and sections
1085
1094
, and
1232g
of this title and enacting provisions set out as notes under this section and
section 1001 of this title
].”
Rule of Construction
Pub. L. 118–173, § 5
Dec. 23, 2024
138 Stat. 2601
, provided that:
“Nothing in this Act [amending this section and enacting provisions set out as notes under this section], or an amendment made by this Act, shall be construed to affect the rights (including remedies and procedures) available to persons under the
First Amendment
of the Constitution of the United States or rights to due process.”
Beginning of Compilation of Hazing Statistics
Pub. L. 118–173, § 2(a)(3)
Dec. 23, 2024
138 Stat. 2597
, provided that:
“Not later than January 1 of the first year after the date of enactment of this Act [
Dec. 23, 2024
], each eligible institution participating in any program under title IV of the
Higher Education Act of 1965
20 U.S.C. 1070
et seq.), other than a foreign
institution of higher education,
shall begin to collect statistics on
hazing
incidents for the purpose of complying with clause (iv) of section 485(f)(1)(F) of such Act [
20 U.S.C. 1092(f)(1)(F)(iv)
], as added by paragraph (1) of this subsection.”
Model Institution Financial Aid Offer Form
Pub. L. 110–315, title IV, § 484
Aug. 14, 2008
122 Stat. 3286
, provided that:
“(a)
Model Format.—
The
Secretary
of Education shall—
“(1)
not later than six months after the date of enactment of the
Higher Education Opportunity Act
Aug. 14, 2008
], convene a group of students, families of students,
secondary school
guidance counselors, representatives of institutions of higher education (including financial aid administrators, registrars, and business officers), and
nonprofit
consumer groups for the purpose of offering recommendations for improvements that—
“(A)
can be made to financial aid offer forms; and
“(B)
include the information described in subsection (b);
“(2)
develop a model format for financial aid offer forms based on the recommendations of the group; and
“(3)
not later than one year after the date of enactment of the
Higher Education Opportunity Act
“(A)
submit recommendations to the
authorizing committees
(as defined in section 103 of the
Higher Education Act of 1965
20 U.S.C. 1003
); and
“(B)
make the recommendations and model format widely available.
“(b)
Contents.—
The recommendations developed under subsection (a) for model financial aid offer forms shall include, in a consumer-friendly manner that is simple and understandable, the following:
“(1)
Information on the student’s
cost of attendance
, including the following:
“(A)
Tuition and fees.
“(B)
Room and board costs.
“(C)
Books and supplies.
“(D)
Transportation.
“(2)
The amount of financial aid that the student does not have to repay, such as scholarships, grants, and work-study assistance, offered to the student for such year, and the conditions of such financial aid.
“(3)
The types and amounts of loans under part B, D, or E of title IV of the
Higher Education Act of 1965
20 U.S.C. 1071
et seq., 1087a et seq., 1087aa et seq.) for which the student is eligible for such year, and the applicable terms and conditions of such loans.
“(4)
The net amount that the student, or the student’s family on behalf of the student, will have to pay for the student to attend the institution for such year, equal to—
“(A)
the
cost of attendance
for the student for such year; minus
“(B)
the amount of financial aid described in paragraphs (2) and (3) that is offered in the financial aid offer form.
“(5)
Where a student or the student’s family can seek additional information regarding the financial aid offered.
“(6)
Any other information the
Secretary
of Education determines necessary so that students and parents can make informed student loan borrowing decisions.”
Congressional Findings
Pub. L. 103–382, title III, § 360B(b)
Oct. 20, 1994
108 Stat. 3969
, provided that:
“The
Congress
finds that—
“(1)
participation in athletic pursuits plays an important role in teaching young Americans how to work on teams, handle challenges and overcome obstacles;
“(2)
participation in athletic pursuits plays an important role in keeping the minds and bodies of young Americans healthy and physically fit;
“(3)
there is increasing concern among citizens, educators, and public officials regarding the athletic opportunities for young men and women at institutions of higher education;
“(4)
a recent study by the National Collegiate Athletic Association found that in Division I–A institutions, only 20 percent of the average athletic
department
operations budget of $1,310,000 is spent on women’s athletics; 15 percent of the average recruiting budget of $318,402 is spent on recruiting female athletes; the average scholarship expenses for men is $1,300,000 and $505,246 for women; and an average of 143 grants are awarded to male athletes and 59 to women athletes;
“(5)
female college athletes receive less than 18 percent of the athletics recruiting dollar and less than 24 percent of the athletics operating dollar;
“(6)
male college athletes receive approximately $179,000,000 more per year in athletic scholarship grants than female college athletes;
“(7)
prospective students
and
prospective student
athletes should be aware of the commitments of an institution to providing equitable athletic opportunities for its men and women students; and
“(8)
knowledge of an institution’s expenditures for women’s and men’s athletic programs would help
prospective students
and
prospective student
athletes make informed judgments about the commitments of a given
institution of higher education
to providing equitable athletic benefits to its men and women students.”
Pub. L. 101–542, title I, § 102
Nov. 8, 1990
104 Stat. 2381
, provided that:
“The
Congress
finds that—
“(1)
education is fundamental to the development of individual citizens and the progress of the Nation as a whole;
“(2)
there is increasing concern among citizens, educators, and public officials regarding the academic performance of students at institutions of higher education;
“(3)
a recent study by the National Institute of Independent Colleges and Universities found that just 43 percent of students attending 4-year public colleges and universities and 54 percent of students entering private institutions graduated within 6 years of enrolling;
“(4)
the academic performance of student athletes, especially student athletes receiving football and basketball scholarships, has been a source of great concern in recent years;
“(5)
more than 10,000 athletic scholarships are provided annually by institutions of higher education;
“(6)
prospective students
and
prospective student
athletes should be aware of the educational commitments of an
institution of higher education;
and
“(7)
knowledge of graduation rates would help
prospective students
and
prospective student
athletes make an informed judgment about the educational benefits available at a given
institution of higher education.
Pub. L. 101–542, title II, § 202
Nov. 8, 1990
104 Stat. 2384
, provided that:
“The
Congress
finds that—
“(1)
the reported incidence of crime, particularly violent crime, on some college
campuses
has steadily risen in recent years;
“(2)
although annual ‘National
Campus
Violence Surveys’ indicate that roughly 80 percent of
campus
crimes are committed by a student upon another student and that approximately 95 percent of the
campus
crimes that are violent are alcohol- or drug-related, there are currently no comprehensive data on
campus
crimes;
“(3)
out of 8,000 postsecondary institutions participating in
Federal student aid
programs, only 352 colleges and universities voluntarily provide crime statistics directly through the Uniform Crime Report of the
Federal Bureau of Investigation
, and other institutions report data indirectly, through local police agencies or States, in a manner that does not permit
campus
statistics to be separated;
“(4)
several State legislatures have adopted or are considering legislation to require reporting of
campus
crime statistics and dissemination of security practices and procedures, but the bills are not uniform in their requirements and standards;
“(5)
students and employees of institutions of higher education should be aware of the incidence of crime on
campus
and policies and procedures to prevent crime or to report occurrences of crime;
“(6)
applicants for enrollment at a college or university, and their parents, should have access to information about the crime statistics of that institution and its security policies and procedures; and
“(7)
while many institutions have established crime preventive measures to increase the safety of
campuses
, there is a clear need—
“(A)
to encourage the development on all
campuses
of security policies and procedures;
“(B)
for uniformity and consistency in the reporting of crimes on
campus
; and
“(C)
to encourage the development of policies and procedures to address
sexual assaults
and racial violence on college
campuses.
Executive Documents
Improving Repayment Options for Federal Student Loan Borrowers
Memorandum of President of the United States,
June 7, 2012
77 F.R. 35241
, provided:
Memorandum for the
Secretary
of Education [and] the
Secretary
of the Treasury
More individuals than ever before are using student loans to finance college. Nearly two-thirds of college graduates borrow to pay for college, with an average debt upon graduation of about $26,300. While a college education remains an excellent investment, this debt can be overly burdensome, especially for recent graduates during the first few years of their careers.
The Income-Based Repayment (IBR) plan for Federal student loans currently allows former students to cap their student loan payments at 15 percent of their current discretionary income. This plan can be an effective tool for helping individuals to manage their debt, especially during challenging economic times.
Over the past several years, my Administration has worked to improve repayment options available to borrowers, including through passage of an enhanced Income-Based Repayment plan, which will cap a Federal student loan borrower’s monthly payments at 10 percent of his or her discretionary income starting in 2014. And we are pursuing administrative action that may extend these lower payments to some students as soon as the end of this calendar year.
However, too few borrowers are aware of the options available to them to help manage their student loan debt, including reducing their monthly payment through IBR. Additionally, too many borrowers have had difficulties navigating and completing the IBR application process once they have started it.
For many borrowers, the most significant challenge in completing the IBR application has been the income-verification process, which, until recently, required borrowers to provide a signed copy of their income tax return. Although the
Department of Education
has recently removed some of the hurdles to completing the process, too many borrowers are still struggling to access this important repayment option due to difficulty in applying.
Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:
Section
1. Streamlined Application Process for Income-Based Repayment Plans. By
September 30, 2012
, the
Secretary
of Education, in coordination with the Commissioner of Internal Revenue, shall create a streamlined online application process for IBR that allows student loan borrowers with federally held loans to import their
Internal Revenue Service
income data directly into the IBR application. This process will allow income information to be seamlessly transmitted so that borrowers can complete the application at one sitting. Federal direct student loan borrowers shall no longer be required to contact their loan servicer as the first step to apply.
Sec
. 2. Integrated Online and Mobile Resources for Loan Repayment Options and Debt Management. By
July 15, 2012
, the
Secretary
of Education shall:
(a) create integrated online and mobile resources for students and former students to use in learning about
Federal student aid
, including an explanation of (1) the current IBR plan, which allows student loan borrowers to cap their monthly loan payments at 15 percent of their discretionary income and be eligible to have their remaining loan balances forgiven after 25 years of responsible payments; and (2) the proposed Pay As You Earn plan, which will allow many students to cap their monthly loan repayments at 10 percent of their discretionary income and be eligible for loan forgiveness after 20 years of responsible repayment; and
(b) develop and make available to borrowers an online tool to help students make better financial decisions, including understanding their loan debt and its impact on their everyday lives. This tool should incorporate key elements of best practices in financial literacy and link to students’ actual Federal loan data to help them understand their individual circumstances and options for repayment.
Sec
. 3. Improved Notification of the Income-Based Repayment Plan. The
Secretary
of Education shall instruct Federal direct student loan servicers to make borrowers aware of the option to participate in IBR before a student leaves school and upon entering repayment. Within 1 year of the date of this memorandum, the
Department of Education
shall make available, for institutions of higher education, a model exit counseling module that will enable students to understand their repayment options before leaving school and to choose a repayment plan for their student loans that best meets their needs.
Sec
. 4. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an agency, or the head thereof; or
(ii) the functions of the Director of the
Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its
departments
, agencies, or entities, its officers, employees, or agents, or any other person.
The
Secretary
of Education is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
Establishing a White House Task Force To Protect Students From Sexual Assault
Memorandum for the Heads of Executive
Departments
and Agencies
Memorandum of President of the United States,
Jan. 22, 2014
79 F.R. 4385
, provided:
The prevalence of rape and
sexual assault
at our Nation’s institutions of higher education is both deeply troubling and a call to action. Studies show that about one in five women is a survivor of attempted or completed sexual violence while in college. In addition, a substantial number of men experience sexual violence during college. Although schools have made progress in addressing rape and
sexual assault
, more needs to be done to ensure safe, secure environments for students of higher education.
There are a number of Federal laws aimed at making our
campuses
safer, and the
Departments
of Education and Justice have been working to enforce them. Among other requirements, institutions of higher education participating in Federal student financial assistance programs (institutions), including colleges, universities, community colleges, graduate and professional schools, for-profit schools, trade schools, and career and technical schools, must provide students with information on programs aimed at preventing rape and
sexual assault
, and on procedures for students to reporting rape and
sexual assault
. Institutions must also adopt and publish grievance procedures that provide for the prompt and equitable resolution of rape and
sexual assault
complaints, and investigate reports of rape and
sexual assault
and take swift action to prevent their recurrence. Survivors of rape and
sexual assault
must also be provided with information on how to access the support and services they need. Reports show, however, that institutions’ compliance with these Federal laws is uneven and, in too many cases, inadequate. Building on existing enforcement efforts, we must strengthen and address compliance issues and provide institutions with additional tools to respond to and address rape and
sexual assault
Therefore, I am directing the
Office of the Vice President
and the White House Council on Women and Girls to lead an interagency effort to address
campus
rape and
sexual assault,
including coordinating Federal enforcement efforts by executive
departments
and agencies (agencies) and helping institutions meet their obligations under Federal law. To these ends, it is hereby ordered as follows:
Section
1. Establishment of the White House Task Force to Protect Students from
Sexual Assault.
There is established a White House Task Force to Protect Students from
Sexual Assault
(Task Force). The Task Force shall be co-chaired by designees of the
Office of the Vice President
and the White House Council on Women and Girls.
(a) Membership of the Task Force. In addition to the Co-Chairs, the Task Force shall consist of the following members:
(i) the Attorney General;
(ii) the
Secretary
of the Interior;
(iii) the
Secretary
of Health and Human Services;
(iv) the
Secretary
of Education;
(v) the Director of the
Office of Science and Technology Policy
(vi) the Director of the
Domestic Policy Council
(vii) the Cabinet
Secretary
; and
(viii) the heads of agencies or offices as the Co-Chairs may designate.
(b) A member of the Task Force may designate, to perform the Task Force functions of the member, senior officials who are part of the member’s agency or office, and who are full-time officers or employees of the Federal Government.
Sec
. 2. Mission and Function of the Task Force. (a) The Task Force shall work with agencies to develop a coordinated Federal response to
campus
rape and
sexual assault.
The functions of the Task Force are advisory only and shall include making recommendations to meet the following objectives:
(i) providing institutions with evidence-based best and promising practices for preventing and responding to rape and
sexual assault
(ii) building on the Federal Government’s existing enforcement efforts to ensure that institutions comply fully with their legal obligations to prevent and respond to rape and
sexual assault
(iii) increasing the transparency of the Federal Government’s enforcement activities concerning rape and
sexual assault
, consistent with applicable law and the interests of affected students;
(iv) broadening the public’s awareness of individual institutions’ compliance with their legal obligation to address rape and
sexual assault
; and
(v) facilitating coordination among agencies engaged in addressing rape and
sexual assault
and those charged with helping bring institutions into compliance with the law.
(b) In accordance with applicable law and in addition to regular meetings, the Task Force shall consult with external stakeholders, including institution officials, student groups, parents, athletic and educational associations, local rape crisis centers, and law enforcement agencies.
(c) Because rape and
sexual assault
also occur in the elementary and
secondary school
context, the Task Force shall evaluate how its proposals and recommendations may apply to, and may be implemented by, schools, school districts, and other elementary and secondary educational entities receiving Federal financial assistance.
Sec
. 3. Action Plan. (a) Within 90 days of the date of this memorandum, the Task Force shall develop and submit proposals and recommendations to the President for:
(i) providing examples of instructions, policies, and protocols for institutions, including: rape and
sexual assault
policies; prevention programs; crisis intervention and advocacy services; complaint and grievance procedures; investigation protocols; adjudicatory procedures; disciplinary sanctions; and training and orientation modules for students, staff, and faculty;
(ii) measuring the success of prevention and response efforts at institutions, whether through compliance with individual policies or through broader assessments of
campus
climate, attitudes and safety, and providing the public with this information;
(iii) maximizing the Federal Government’s effectiveness in combatting
campus
rape and
sexual assault
by, among other measures, making its enforcement activities transparent and accessible to students and
prospective students
nationwide; and
(iv) promoting greater coordination and consistency among the agencies and offices that enforce the Federal laws addressing
campus
rape and
sexual assault
and support improved
campus
responses to sexual violence.
(b) Within 1 year of the date of this memorandum, and then on an annual basis, the Task Force shall provide a report to the President on implementation efforts with respect to this memorandum.
Sec
. 4. General Provisions. (a) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its
departments,
agencies, or entities, its officers, employees, or agents, or any other person.
(b) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an agency or the head thereof; or
(ii) the functions of the Director of the
Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(c) The heads of agencies and offices shall assist and provide information to the Task Force, consistent with applicable law, as may be necessary to carry out the functions of the Task Force. Each agency and office shall bear its own expenses of participating in the Task Force.
(d) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(e) The
Secretary
of Education is authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
Helping Struggling Federal Student Loan Borrowers Manage Their Debt
Memorandum of President of the United States,
June 9, 2014
79 F.R. 33843
, provided:
Memorandum for the
Secretary
of the Treasury[, and] the
Secretary
of Education
A college education is the single most important investment that Americans can make in their futures. College remains a good investment, resulting in higher earnings and a lower risk of unemployment. Unfortunately, for many low- and middle-income families, college is slipping out of reach. Over the past three decades, the average tuition at a public four-year college has more than tripled, while a typical family’s income has increased only modestly. More students than ever are relying on loans to pay for college. Today, 71 percent of those earning a bachelor’s degree graduate with debt, which averages $29,400. While most students are able to repay their loans, many feel burdened by debt, especially as they seek to start a family, buy a home, launch a business, or save for retirement.
Over the past several years, my Administration has worked to ensure that college remains affordable and student debt is manageable, including through raising the maximum Pell Grant award by nearly $1,000, creating the American Opportunity Tax Credit, and expanding access to student loan repayment plans, where monthly obligations are calibrated to a borrower’s income and debt. These income-driven repayment plans, like my Pay As You Earn plan, which caps a Federal student loan borrower’s payments at 10 percent of income, can be an effective tool to help individuals manage their debt, and pursue their careers while avoiding consequences of defaulting on a Federal student loan, such as a damaged credit rating, a tax refund offset, or garnished wages.
While my Administration has made significant strides in expanding repayment options available to borrowers and building awareness of income-driven repayment plans, more needs to be done. Currently, not all student borrowers of Federal Direct Loans can cap their monthly loan payments at 10 percent of income, and too many struggling borrowers are still unaware of the options available to them to help responsibly manage their debt.
Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:
Section
1. Expanding the President’s Pay As You Earn Plan to More Federal Direct Loan Borrowers. Within 1 year after the date of this memorandum, the
Secretary
of Education shall propose regulations that will allow additional students who borrowed Federal Direct Loans to cap their Federal student loan payments at 10 percent of their income. The
Secretary
shall seek to target this option to those borrowers who would otherwise struggle to repay their loans. The
Secretary
shall issue final regulations in a timely fashion after considering all public comments, as appropriate, with the goal of making the repayment option available to borrowers by
December 31, 2015
Sec
. 2. Improving Communication Strategies to Help Vulnerable Borrowers. By
December 31, 2014
, the
Secretary
of Education shall develop, evaluate, and implement new targeted strategies to reach borrowers who may be struggling to repay their Federal student loans to ensure that they have the information they need to select the best repayment option and avoid future default. In addition to focusing on borrowers who have fallen behind on their loan payments, the
Secretary’
s effort shall focus on borrowers who have left college without completing their education, borrowers who have missed their first loan payment, and borrowers (especially those with low balances) who have defaulted on their loans to help them rehabilitate their loans with income-based monthly payments. The
Secretary
of Education shall incorporate data analytics into the communications efforts and evaluate these new strategies to identify areas for improvement and build on successful practices.
Sec
. 3. Encouraging Support and Awareness of Repayment Options for Borrowers During Tax Filing Season. By
September 30, 2014
, the
Secretary
of the Treasury and the
Secretary
of Education shall invite private-sector entities to enter into partnerships to better educate borrowers about income-based repayment plans during the tax filing season in 2015. Building off of prior work, the Secretaries shall further develop effective ways to inform borrowers about their repayment options during the tax filing season in 2015, as well as through personalized financial management tools.
Sec
. 4. Promoting Stronger Collaboration to Ensure That Students and Their Families Have the Information They Need to Make Informed Borrowing Decisions. By
September 30, 2014
, the
Secretary
of Education, in consultation with the
Secretary
of the Treasury, shall develop a pilot project to test the effectiveness of loan counseling resources, including the
Department of Education
’s Financial Awareness Counseling Tool. The
Secretary
of Education shall convene higher education experts and student-debt researchers to identify ways to evaluate and strengthen loan counseling for Federal student loan borrowers. Additionally, the Secretaries shall collaborate with organizations representing students, teachers, nurses, social workers, entrepreneurs, and business owners, among others, to help borrowers represented by these organizations learn more about the repayment options that are available to them in financing their investment in higher education and managing their debt, and to provide more comparative, customized resources to those borrowers when possible.
Sec
. 5. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an agency, or the head thereof; or
(ii) the functions of the Director of the
Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its
departments
, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The
Secretary
of Education is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
Student Aid Bill of Rights To Help Ensure Affordable Loan Repayment
Memorandum of President of the United States,
Mar. 10, 2015
80 F.R. 13475
, provided:
Memorandum for the
Secretary
of the Treasury[,] the
Secretary
of Education[,] the Commissioner of Social Security[,] the Director of the Consumer Financial Protection Bureau[,] the Director of the
Office of Management and Budget
[,] the Director of the
Office of Science and Technology Policy
[, and] the Director of the
Domestic Policy Council
America thrived in the 20th century in large part because we had the most educated workforce in the world. Today, more than ever, Americans need knowledge and skills to meet the demands of a growing global economy. Since many students borrow to pay for
postsecondary education
, it is imperative they be able to manage their debt as they embark on their careers.
My Administration has taken historic action to ensure that college remains affordable and student debt remains manageable. We have eliminated tens of billions of dollars in student loan subsidies paid to banks in order to increase the maximum Pell grant by nearly $1,000 and provide a path for borrowers to limit payments on many student loans to 10 percent of income, and we have worked with the
Congress
to enact the American Opportunity Tax Credit, worth $10,000 over 4 years of college. We have promoted innovation and competition to bring down college costs, increased completion rates, and given consumers clear, transparent information on college performance.
College remains an excellent investment, and student loans enable many who could not otherwise do so to access further education. However, there is more work to do to help students repay their loans responsibly. In 2013, college graduates owed an average of $28,400 in Federal and private loans. More than one in eight Federal borrowers default on their loans within 3 years of leaving school. My Administration has already put in place significant protections that ensure borrowers with credit cards and mortgages are treated fairly. We can and should do much more to give students affordable ways to meet their responsibilities and repay their loans.
Now is the time for stronger protections for the more than 40 million Americans with student loan debt. All student loan borrowers should have access to an efficient and responsive complaint and feedback system that holds loan servicers accountable and promotes transparency, the information and flexibility they need to repay their loan responsibly and avoid default, and protections to ensure that they will be treated fairly even if they struggle to repay their loans.
Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:
Section
1. State-of-the-Art Complaint and Feedback System.
(a) Complaints and Feedback Regarding Federal Financial Aid. By
July 1, 2016
, the
Secretary
of Education shall develop and implement a simple process for borrowers to file complaints regarding Federal financial aid, including those pertaining to lenders, loan servicers, private collection agencies, and institutions of higher education. The process shall allow people to file a complaint and monitor its progress toward resolution. In addition, the
Department of Education
will provide data from the complaint system to other enforcement agencies that are responsible for oversight of Federal student loan lenders, loan servicers, private collection agencies, and institutions of higher education. By
October 1, 2017
, and annually thereafter, the
Department of Education
shall publish a report summarizing and analyzing the content in and resolution of borrower complaints and feedback received through the process. By
October 1, 2015
, the
Secretary
of Education shall report to the President, through the Director of the
Domestic Policy Council
and the Director of the
Office of Management and Budget
, on the optimal way to address other student complaints regarding institutions of higher education that participate in Federal student financial aid programs.
(b) Coordination Among Other Enforcement Agencies. By
October 1, 2015
, the
Secretary
of Education shall, in consultation with the Director of the Consumer Financial Protection Bureau, recommend to the President, through the Director of the
Domestic Policy Council
and the Director of the
Office of Management and Budget
, a process for sharing information with relevant enforcement agencies so that those enforcement agencies may refer matters where there may be violations of
consumer protection
law.
Sec
. 2. Helping Borrowers Repay Their Loans and Avoid Default.
(a) Higher Standards for Federal Direct Loan Servicing. By
January 1, 2016
, the
Secretary
of Education shall require all Federal Direct student loan servicers to provide enhanced disclosures to borrowers and strengthened consumer protections. These disclosures and consumer protections shall be improved throughout the loan repayment process, and shall include disclosures to borrowers regarding loan transfers from one servicer to another and notifications when borrowers become delinquent or have incomplete applications to change repayment plans. As soon as practicable, the
Secretary
shall direct all Federal Direct student loan servicers to apply prepayments to loans with the highest interest rate to ensure consistency across servicers, unless otherwise instructed by borrowers.
(b) Regular Review of Student Loan Performance and Borrower Trends. The Director of the
Office of Management and Budget
and the
Secretary
of Education shall convene quarterly an interagency task force consisting of the
Department of the Treasury
Department of Education
Office of Management and Budget
, and
Domestic Policy Council
to monitor trends in the student loan portfolio, budget costs, and borrower assistance efforts. No later than
August 1, 2015
, the task force shall review recommendations for the
Department of Education
from its members and the Consumer Financial Protection Bureau on best practices in performance-based contracting to better ensure that servicers help borrowers responsibly make affordable monthly payments on their student loans.
(c) Additional Protections for Student Loan Borrowers. By
October 1, 2015
, the
Secretary
of Education, in consultation with the
Secretary
of the Treasury and the Director of the Consumer Financial Protection Bureau, shall issue a report to the President, through the Director of the
Domestic Policy Council
and the Director of the
Office of Management and Budget
, on (i) whether statutory or regulatory changes are needed to current provisions that permit the
Secretary
of Education to specify acts or omissions at institutions of higher education that borrowers may assert as a defense to repayment of a direct loan; and (ii) after assessing the potential applicability of consumer protections in the mortgage and credit card markets to student loans, recommendations for statutory or regulatory changes in this area, including, where appropriate, strong servicing standards, flexible repayment opportunities for all student loan borrowers, and changes to bankruptcy laws.
(d) Higher Customer Service Standards in Income-Driven Repayment Plans. By
October 1, 2015
, the
Secretary
of Education and the
Secretary
of the Treasury shall report to the President, through the Director of the
Domestic Policy Council
and the Director of the
Office of Management and Budget
, on the feasibility of developing a system to give borrowers the opportunity to authorize the
Internal Revenue Service
to release income information for multiple years for the purposes of automatically determining monthly payments under income-driven repayment plans.
(e) Finding New and Better Ways to Communicate with Student Loan Borrowers. By
January 1, 2016
, the
Secretary
of Education shall report to the President, through the Director of the
Domestic Policy Council
, on the findings of a pilot program to test new methods for communicating with borrowers who have Federal Direct student loans on which they are at least 140 days delinquent but which have not entered default. By
January 1, 2017
, the
Secretary
shall also, in consultation with the Director of the
White House Office
of Science and Technology Policy, develop and implement at least five behaviorally designed pilot programs to identify the most effective ways to communicate with borrowers to maximize successful borrower repayment and help reduce delinquency and default and report to the President, through the Director of the
Domestic Policy Council
, on the status and results of those pilot programs.
(f) Making it Easier for Federal Direct Student Loan Borrowers to Repay Their Student Loans. As soon as practicable, the
Secretary
of Education shall establish a centralized point of access for all Federal student loan borrowers in repayment, including a central location for account information and payment processing for all Federal student loan servicing, regardless of the specific servicer.
Sec
. 3. Fair Treatment for Struggling and Distressed Borrowers.
(a) Raising Standards for Student Loan Debt Collectors. By
July 1, 2015
, the
Secretary
of Education shall implement actions to ensure that the debt collection process for defaulted Federal student loans is fair, transparent, charges reasonable fees to defaulted borrowers, and effectively assists borrowers in meeting their obligations and returning to good standing. By
January 1, 2016
, the
Secretary
of Education shall publish a quarterly performance report on the
Department’
s private debt collection agency contractors that includes the underlying data, disaggregated by contractor.
(b) Providing Clarity on the Rights of Borrowers in Bankruptcy. By
July 1, 2015
, the
Secretary
of Education shall issue information highlighting factors the courts have used in their determination of undue hardship, to assist parties who must determine whether to contest an undue hardship discharge in bankruptcy of a Federal student loan.
(c) Protecting Social Security Benefits for Borrowers with Disabilities. By
July 1, 2015
, the
Secretary
of Education and the Director of the
Office of Management and Budget
, in consultation with the Commissioner of Social Security, shall develop a plan to identify Federal student loan borrowers who receive Social Security
Disability
Insurance (SSDI) and determine which beneficiaries qualify for a total and permanent
disability
discharge of their student loans under the
Higher Education Act of 1965
. The plan shall specify a process for the
Secretary
of Education to stop collection on qualified borrowers in order to ensure that SSDI benefits are not reduced to repay student loans that are eligible for discharge. In addition, the
Secretary
of Education and the Director of the
Office of Management and Budget
, in consultation with the Commissioner of Social Security, shall identify the best way to communicate with other SSDI recipients who hold student loans about their repayment options, including income-driven plans, and assist them in entering those plans.
(d) Debt Collection Pilot Program. By
July 1, 2016
, the
Secretary
of the Treasury, in consultation with the
Secretary
of Education, shall report to the President, through the Director of the
Domestic Policy Council
and the Director of the
Office of Management and Budget
, on the initial findings of an ongoing pilot program that uses the
Department of the Treasury
’s Bureau of the Fiscal Service to collect on a sample of defaulted Federal student loan debts to help determine how to improve the collection process for defaulted Federal student loans.
Sec
. 4. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an agency, or the head thereof; or
(ii) the functions of the Director of the
Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its
departments
, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The
Secretary
of Education is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
CFR Title
Parts
34
668
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