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United States Code (Last Updated: May 24, 2014) |
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Title 20. EDUCATION |
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Chapter 28. HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE |
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SubChapter IV. STUDENT ASSISTANCE |
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Part F. General Provisions Relating to Student Assistance Programs |
§ 1092. Institutional and financial assistance information for students
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(a) Information dissemination activities (1) Each eligible institution participating in any program under this subchapter and part C of subchapter I of chapter 34 of title 42 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 and part C of subchapter I of chapter 34 of title 42. 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 and part C of subchapter I of chapter 34 of title 42; (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 part C of subchapter I of chapter 34 of title 42; 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, C, and D; (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) of this section, 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) of this section, 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 C (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 C (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 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. (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 and part C of subchapter I of chapter 34 of title 42, 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 and part C of subchapter I of chapter 34 of title 42, 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 and part C of subchapter I of chapter 34 of title 42, 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 13925(a) of title 42. (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. (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 13925(a) of title 42. 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 part C of subchapter I of chapter 34 of title 42 and title IV of the Economic Opportunity Act of 1964,3 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) 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. (10) Nothing in this section shall be construed to require the reporting or disclosure of privileged information. (11) 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. (12) 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. (13) 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. (14) (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. (15) The Secretary shall annually report to the authorizing committees regarding compliance with this subsection by institutions of higher education, including an up-to-date report on the Secretary’s monitoring of such compliance. (16) (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. (17) No officer, employee, or agent of an institution participating in any program under this subchapter and part C of subchapter I of chapter 34 of title 42 shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection. (18) This subsection may be cited as the “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act”. (g) Data required (1) In general Each coeducational institution of higher education that participates in any program under this subchapter and part C of subchapter I of chapter 34 of title 42, 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 and part C of subchapter I of chapter 34 of title 42 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 and part C of subchapter I of chapter 34 of title 42 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 and part C of subchapter I of chapter 34 of title 42 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) Notice to students concerning penalties for drug violations (1) Notice upon enrollment Each institution of higher education shall provide to each student, upon enrollment, a separate, clear, and conspicuous written notice that advises the student of the penalties under section 1091(r) of this title.
(2) Notice after loss of eligibility An institution of higher education shall provide in a timely manner to each student who has lost eligibility for any grant, loan, or work-study assistance under this subchapter and part C of subchapter I of chapter 34 of title 42 as a result of the penalties listed under section 1091(r)(1) of this title a separate, clear, and conspicuous written notice that notifies the student of the loss of eligibility and advises the student of the ways in which the student can regain eligibility under section 1091(r)(2) of this title.
(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 C (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 C, 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 and part C of subchapter I of chapter 34 of title 42 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.
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),
The Hate Crime Statistics Act, referred to in subsec. (f)(7), is Pub. L. 101–275,
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),
The General Education Provisions Act, referred to in subsec. (h)(2)(C), is title IV of Pub. L. 90–247,
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,
Prior Provisions
A prior section 1092, Pub. L. 89–329, title IV, § 485, as added Pub. L. 96–374, title IV, § 451(a),
Another prior section 1092, Pub. L. 89–329, title V, § 508, formerly § 502,
Amendments
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 and part C of subchapter I of chapter 34 of title 42 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 and part C of subchapter I of chapter 34 of title 42, other than a foreign institution of higher education,” for “under this subchapter and part C of subchapter I of chapter 34 of title 42”.
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 and part C of subchapter I of chapter 34 of title 42”.
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 D 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 C or D 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 C.” 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
“(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 C of this subchapter for the period of enrollment for which a refund is required,
“(iii) to outstanding balances on loans under part D 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
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 and part C of subchapter I of chapter 34 of title 42” 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
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 C, or part D 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 “
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.”
Effective Date Of Amendment
Pub. L. 113–4, title III, § 304(b),
Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (
Pub. L. 106–386, div. B, title VI, § 1601(c)(2),
Amendment by Pub. L. 105–244 effective
Pub. L. 105–18, title VI, § 60001(b),
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.
Amendment by section 486(a), (b), and (c)(2) of Pub. L. 102–325 effective
Pub. L. 102–325, title IV, § 486(c)(3),
Pub. L. 101–542, title I, § 104(b),
Pub. L. 101–542, title II, § 204(c),
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
Subsec. (b) of this section applicable only to periods of enrollment beginning on or after
Miscellaneous
Pub. L. 101–542, title IV, § 401(a),
Pub. L. 110–315, title IV, § 484,
Pub. L. 103–382, title III, § 360B(b),
Pub. L. 101–542, title I, § 102,
Pub. L. 101–542, title II, § 202,
Memorandum of President of the United States,
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
Sec. 2. Integrated Online and Mobile Resources for Loan Repayment Options and Debt Management. By
(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.