20 U.S.C. § 1092 — Institutional and financial assistance in-

Page 666 TITLE 20—EDUCATION § 1092 Section 1091f, Pub. L. 89–329, title V, § 507, as added Pub. L. 90–35, § 2(c), June 29, 1967, 81 Stat. 84, authorized employment of experts and consultants and set forth provisions for compensation and travel expenses. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159 amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘In this section, the term ‘service in the uniformed services’ means service (whether voluntary or involun- tary) on active duty in the Armed Forces, including such service by a member of the National Guard or Re- serve, for a period of more than 30 days under a call or order to active duty of more than 30 days.’’ 2018—Subsec. (c)(3)(C)(i). Pub. L. 115–232, § 1204(b)(2), substituted ‘‘section 251, 252,’’ for ‘‘section 331, 332,’’. Subsec. (c)(3)(C)(v). Pub. L. 115–232, § 1204(a)(6), sub- stituted ‘‘chapter 13’’ for ‘‘chapter 15’’. § 1092. Institutional and financial assistance in- formation for students (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 fi- nancial assistance under this subchapter. The information required by this section shall be produced and be made readily available upon re- quest, through appropriate publications, mail- ings, and electronic media, to an enrolled stu- dent and to any prospective student. Each eligi- ble 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 Edu- cational Rights and Privacy Act of 1974’’), to- gether with a statement of the procedures re- quired to obtain such information. The informa- tion required by this section shall accurately de- scribe— (A) the student financial assistance pro- grams available to students who enroll at such institution; (B) the methods by which such assistance is distributed among student recipients who en- roll at such institution; (C) any means, including forms, by which ap- plication for student financial assistance is made and requirements for accurately pre- paring such application; (D) the rights and responsibilities of stu- dents receiving financial assistance under this subchapter; (E) the cost of attending the institution, in- cluding (i) tuition and fees, (ii) books and sup- plies, (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 as- sistance provided under this subchapter; and (iii) the requirements for officially with- drawing 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 phys- ical plant facilities which relate to the aca- demic program, (iii) the faculty and other in- structional 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 des- ignated may be contacted by students and pro- spective 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 describ- ing the institution’s accreditation, approval, or licensing; (K) the standards which the student must maintain in order to be considered to be mak- ing satisfactory progress, pursuant to section 1091(a)(2) of this title; (L) the completion or graduation rate of certificate- or degree-seeking, full-time, un- dergraduate students entering such institu- tions; (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 insti- tution 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), includ- ing all required reporting categories; (P) institutional policies and sanctions re- lated to copyright infringement, including— (i) an annual disclosure that explicitly in- forms students that unauthorized distribu- tion of copyrighted material, including un- authorized peer-to-peer file sharing, may subject the students to civil and criminal li- abilities; (ii) a summary of the penalties for viola- tion of Federal copyright laws; and (iii) a description of the institution’s poli- cies with respect to unauthorized peer-to- peer file sharing, including disciplinary ac- tions that are taken against students who engage in unauthorized distribution of copy- righted materials using the institution’s in- formation technology system; (Q) student body diversity at the institution, including information on the percentage of en- rolled, 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; Page 667 TITLE 20—EDUCATION § 1092 1 So in original. Probably should be capitalized. (R) the placement in employment of, and types of employment obtained by, graduates of the institution’s degree or certificate pro- grams, gathered from such sources as alumni surveys, student satisfaction surveys, the Na- tional Survey of Student Engagement, the Community College Survey of Student En- gagement, State data systems, or other rel- evant sources; (S) the types of graduate and professional education in which graduates of the institu- tion’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 in- stitution pursuant to subsection (i); (U) the retention rate of certificate- or de- gree-seeking, first-time, full-time, under- graduate students entering such institution; and (V) institutional policies regarding vaccina- tions. (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 insti- tution. (3) In calculating the completion or gradua- tion 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 grad- uated from the program, or enrolled in any pro- gram 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 stu- dents prior to the students enrolling or enter- ing 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 para- graph (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, re- calculate the completion or graduation rates of such students by excluding from the cal- culation 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 ath- letic 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 stu- dents 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 sub- group, 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 Staf- ford 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 Staf- ford Loan), if the number of students in such subgroup or with such status is sufficient to yield statistically reliable information and re- porting 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-grant- ing institutions of higher education in meeting the requirements of paragraph (1)(L) and sub- section (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 di- verse 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 commu- nity, to develop recommendations regarding the accurate calculation and reporting of the infor- mation 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 in- stitutions of higher education, and may rec- ommend 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 subpara- graph to two-year, degree-granting institutions of higher education, the public, and the author- izing committees not later than 18 months after the first meeting of the group of representatives convened under clause (i). Page 668 TITLE 20—EDUCATION § 1092 (iii) The Secretary shall use the recommenda- tions from the group of representatives con- vened under clause (i) to provide technical as- sistance to two-year, degree-granting institu- tions of higher education in meeting the re- quirements of paragraph (1)(L) and subsection (e). (iv) The Secretary may modify the informa- tion 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 rep- resentatives 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 coun- seling to borrowers of loans that are made, in- sured, 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 dif- ferent features of each plan and sample infor- mation showing the average anticipated monthly payments, and the difference in in- terest paid and total payments, under each plan; (ii) debt management strategies that are de- signed to facilitate the repayment of such in- debtedness; (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 descrip- tion of the terms and conditions under which the borrower may obtain full or partial for- giveness or cancellation of the principal and interest, and a copy of the information pro- vided by the Secretary under section 1092(d) of this title; (v) for any forbearance provision of this sub- chapter, 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 infor- mation provided by the Secretary under sec- tion 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 in- terest to be paid, fees to be paid, and length of repayment; (II) the effects of consolidation on a bor- rower’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 bor- rowers; (ix) a notice to borrowers about the avail- ability 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 bor- rowers free of charge through the Depart- ment or the borrower’s servicer; and (B) In the case of borrower who leaves an insti- tution without the prior knowledge of the insti- tution, 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 ad- dress after leaving the institution (regardless of the reason for leaving); (ii) the name and address of the borrower’s expected employer after leaving the institu- tion; (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 driv- er’s license number. (B) The institution shall, within 60 days after the interview, forward any corrected or com- pleted information received from the borrower to the guaranty agency indicated on the bor- rower’s student aid records. (C) Nothing in this subsection shall be con- strued to prohibit an institution of higher edu- cation from utilizing electronic means to pro- vide 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 Page 669 TITLE 20—EDUCATION § 1092 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 re- quired under this section whenever an institu- tion in which the total enrollment, or the por- tion of the enrollment participating in programs under this subchapter at that institution, is too small to necessitate such employee or employ- ees being available on a full-time basis. No such waiver may include permission to exempt any such institution from designating a specific in- dividual 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 eli- gible institutions, eligible lenders, and sec- ondary schools descriptions of Federal student assistance programs including the rights and re- sponsibilities of student and institutional par- ticipants, in order to (A) assist students in gain- ing 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 pro- grams. In particular, such information shall in- clude information to enable students and pro- spective 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 stu- dent loans, including income-sensitive and in- come-based repayment plans for loans made, in- sured, 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 infor- mation concerning the specific terms and condi- tions under which students may obtain partial or total cancellation or defer repayment of loans for service, shall indicate (in terms of the Fed- eral minimum wage) the maximum level of com- pensation and allowances that a student bor- rower may receive from a tax-exempt organiza- tion to qualify for a deferment, and shall explic- itly state that students may qualify for such partial cancellations or deferments when they serve as a paid employee of a tax-exempt organi- zation. The Secretary shall also provide infor- mation on loan forbearance, including the in- crease 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 avail- ability is provided to any student. (2) The Secretary, to the extent the informa- tion is available, shall compile information de- scribing State and other prepaid tuition pro- grams and savings programs and disseminate such information to States, eligible institutions, students, and parents in departmental publica- tions. (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 as- sistance programs. The Secretary shall only pro- vide direct links to databases that can be accessed without charge and shall make reason- able efforts to verify that the databases included in a direct link are not providing fraudulent in- formation. The Secretary shall prominently dis- play adjacent to any such direct link a dis- claimer indicating that a direct link to a data- base does not constitute an endorsement or rec- ommendation 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 provi- sion of services related to student financial aid. (4) The Secretary shall widely publicize the lo- cation of the information described in paragraph (1) among the public, eligible institutions, and eligible lenders, and promote the use of such in- formation by prospective students, enrolled stu- dents, families of prospective and enrolled stu- dents, and borrowers. (e) Disclosures required with respect to athlet- ically related student aid (1) Each institution of higher education which participates in any program under this sub- chapter and is attended by students receiving athletically related student aid shall annually submit a report to the Secretary which con- tains— (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, foot- ball, 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 edu- cation, broken down by race and sex; (E) the average completion or graduation rate for the 4 most recent completing or grad- uating classes of students at the institution of higher education who received athletically re- lated student aid broken down by race and sex in the following categories: basketball, foot- ball, baseball, cross country/track, and all other sports combined; and (F) the average completion or graduation rate for the 4 most recent completing or grad- uating 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 in- Page 670 TITLE 20—EDUCATION § 1092 stitution shall provide to the student and the student’s parents, guidance counselor, and coach the information contained in the report sub- mitted by such institution pursuant to para- graph (1). If the institution is a member of a na- tional collegiate athletic association that com- piles graduation rate data on behalf of the asso- ciation’s member institutions that the Sec- retary 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, institu- tions may— (A) exclude from the reporting requirements under paragraphs (1) and (2) the completion or graduation rates of students and student ath- letes 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, cal- culate the completion or graduation rates of such students by excluding from the calcula- tions described in paragraph (1) the time pe- riod during which such students were not en- rolled 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 de- scribed in paragraph (1) may provide supple- mental information to students and the Sec- retary 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 edu- cation; 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 asso- ciation or athletic conference that has volun- tarily published completion or graduation rate data or has agreed to publish data that, in the opinion of the Secretary, is substantially com- parable to the information required under this subsection. (7) The Secretary, in conjunction with the Na- tional Junior College Athletic Association, shall develop and obtain data on completion or grad- uation 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 as- sistance 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 cam- pus 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 sta- tistics and campus security policies of that in- stitution, and beginning September 1, 1992, and each year thereafter, prepare, publish, and dis- tribute, through appropriate publications or mailings, to all current students and employees, and to any applicant for enrollment or employ- ment 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 stu- dents 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 con- cerning security and access to campus facili- ties, including campus residences, and secu- rity considerations used in the maintenance of campus facilities. (C) A statement of current policies con- cerning campus law enforcement, including— (i) the law enforcement authority of cam- pus security personnel; (ii) the working relationship of campus se- curity personnel with State and local law enforcement agencies, including whether the institution has agreements with such agen- cies, such as written memoranda of under- standing, for the investigation of alleged criminal offenses; and (iii) policies which encourage accurate and prompt reporting of all crimes to the cam- pus police and the appropriate law enforce- ment agencies, when the victim of such crime elects or is unable to make such a re- port. (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 se- curity and the security of others. (E) A description of programs designed to in- form students and employees about the pre- vention of crimes. (F) Statistics concerning the occurrence on campus, in or on noncampus buildings or prop- erty, and on public property during the most recent calendar year, and during the 2 pre- ceding calendar years for which data are avail- able— Page 671 TITLE 20—EDUCATION § 1092 2 So in original. 3 See References in Text note below. (i) of the following criminal offenses re- ported 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 cam- pus disciplinary action for liquor law vio- lations, drug-related violations, and weap- ons possession; and (ii) of the crimes described in subclauses (I) through (VIII) of clause (i), of larceny- theft, simple assault, intimidation, and de- struction, damage, or vandalism of property, and of other crimes involving bodily injury to any person, in which the victim is inten- tionally selected because of the actual or perceived race, gender, religion, national or- igin, 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; and (iii) of domestic violence, dating violence, and stalking 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 stu- dents attending the institution, including those student organizations with off-campus housing facilities. (H) A statement of policy regarding the pos- session, 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 commu- nity where law enforcement agency informa- tion provided by a State under section 14071(j) 3 of title 42, concerning registered sex offenders may be obtained, such as the law en- forcement 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 ap- propriate), which policies shall include proce- dures to— (i) immediately notify the campus commu- nity 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 con- tain the emergency; (ii) publicize emergency response and evac- uation procedures on an annual basis in a manner designed to reach students and staff; and (iii) test emergency response and evacu- ation procedures on an annual basis. (2) Nothing in this subsection shall be con- strued to authorize the Secretary to require par- ticular policies, procedures, or practices by in- stitutions of higher education with respect to campus crimes or campus security. (3) Each institution participating in any pro- gram under this subchapter, other than a for- eign institution of higher education, shall make timely reports to the campus community on crimes considered to be a threat to other stu- dents 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 vic- tims 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 for- eign institution of higher education, that main- tains 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 loca- tion 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 with- in 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 de- partment, then the new information shall be re- corded 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 jeop- ardize 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 par- ticipating in any program under this sub- chapter, other than a foreign institution of high- er education, shall submit to the Secretary a copy of the statistics required to be made avail- able under paragraph (1)(F). The Secretary shall— (A) review such statistics and report to the authorizing committees on campus crime sta- tistics by September 1, 2000; Page 672 TITLE 20—EDUCATION § 1092 (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 ex- emplary campus security policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the re- duction 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 con- trolled by an institution of higher education within the same reasonably contiguous geo- graphic area of the institution and used by the institution in direct support of, or in a manner related to, the institution’s edu- cational purposes, including residence halls; and (II) property within the same reasonably contiguous geographic area of the institu- tion that is owned by the institution but controlled by another person, is used by stu- dents, and supports institutional purposes (such as a food or other retail vendor). (iii) The term ‘‘noncampus building or prop- erty’’ means— (I) any building or property owned or con- trolled 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 in- stitution’s educational purposes, is used by students, and is not within the same reason- ably contiguous geographic area of the insti- tution. (iv) The term ‘‘public property’’ means all public property that is within the same rea- sonably contiguous geographic area of the in- stitution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adja- cent to a facility owned or controlled by the institution if the facility is used by the insti- tution in direct support of, or in a manner re- lated to the institution’s educational pur- poses. (v) The term ‘‘sexual assault’’ means an of- fense classified as a forcible or nonforcible sex offense under the uniform crime reporting sys- tem of the Federal Bureau of Investigation. (B) In cases where branch campuses of an in- stitution of higher education, schools within an institution of higher education, or administra- tive divisions within an institution are not with- in a reasonably contiguous geographic area, such entities shall be considered separate cam- puses 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 ac- cordance with the definitions used in the uni- form crime reporting system of the Department of Justice, Federal Bureau of Investigation, and the modifications in such definitions as imple- mented pursuant to the Hate Crime Statistics Act. For the offenses of domestic violence, dat- ing violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 12291(a) of title 34. Such statis- tics shall not identify victims of crimes or per- sons accused of crimes. (8)(A) Each institution of higher education participating in any program under this sub- chapter and title IV of the Economic Oppor- tunity Act of 1964,3 other than a foreign institu- tion of higher education, shall develop and dis- tribute as part of the report described in para- graph (1) a statement of policy regarding— (i) such institution’s programs to prevent domestic violence, dating violence, sexual as- sault, 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 dur- ing any institutional conduct proceeding aris- ing 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, domes- tic violence, dating violence, sexual assault, and stalking, which shall include— (I) primary prevention and awareness pro- grams for all incoming students and new em- ployees, 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 stalk- ing in the applicable jurisdiction; (cc) the definition of consent, in ref- erence to sexual activity, in the applicable jurisdiction; (dd) safe and positive options for by- stander intervention that may be carried out by an individual to prevent harm or in- tervene 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 behav- ior 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, includ- ing information described in items (aa) through (ff) of subclause (I). (ii) Possible sanctions or protective meas- ures that such institution may impose fol- lowing a final determination of an institu- tional 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 vio- lence, sexual assault, or stalking has occurred, including information in writing about— Page 673 TITLE 20—EDUCATION § 1092 (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 pro- tection order; (II) to whom the alleged offense should be reported; (III) options regarding law enforcement and campus authorities, including notifica- tion of the victim’s option to— (aa) notify proper law enforcement au- thorities, 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 regard- ing 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 impar- tial investigation and resolution; and (bb) be conducted by officials who re- ceive annual training on the issues related to domestic violence, dating violence, sex- ual assault, and stalking and how to con- duct an investigation and hearing process that protects the safety of victims and promotes accountability; (II) the accuser and the accused are enti- tled to the same opportunities to have oth- ers present during an institutional discipli- nary 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 vi- olence, sexual assault, or stalking; (bb) the institution’s procedures for the accused and the victim to appeal the re- sults of the institutional disciplinary pro- ceeding; (cc) of any change to the results that oc- curs prior to the time that such results be- come final; and (dd) when such results become final. (v) Information about how the institution will protect the confidentiality of victims, in- cluding 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 em- ployees about existing counseling, health, mental health, victim advocacy, legal assist- ance, 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, chang- ing academic, living, transportation, and working situations, if so requested by the vic- tim and if such accommodations are reason- ably available, regardless of whether the vic- tim chooses to report the crime to campus po- lice 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 vio- lence, dating violence, sexual assault, or stalk- ing, whether the offense occurred on or off cam- pus, shall be provided with a written expla- nation 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 for- eign institution of higher education, shall de- velop, in accordance with the institution’s statement of policy relating to hazing under paragraph (1)(K), a report (which shall be re- ferred to as the ‘‘Campus Hazing Transparency Report’’) summarizing findings concerning any student organization (except that this shall only apply to student organizations that are estab- lished or recognized by the institution) found to be in violation of an institution’s standards of conduct relating to hazing, as defined by the in- stitution, (hereinafter referred to in this para- graph as a ‘‘hazing violation’’) that requires the institution to— (i) beginning July 1, 2025, collect informa- tion with respect to hazing incidents at the in- stitution; (ii) not later than 12 months after December 23, 2024, make the Campus Hazing Trans- parency Report publicly available on the pub- lic 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 pub- lished and ending on the date on which such update is submitted, each incident involving a student organization for which a finding of re- sponsibility is issued relating to a hazing vio- lation, 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 sanc- tions placed on the student organization by the institution, as applicable; and (III) the dates on which— (aa) the incident was alleged to have oc- curred; (bb) the investigation into the incident was initiated; (cc) the investigation ended with a find- ing 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 para- graph, information that— (I) is included as part of a report published by the institution; and Page 674 TITLE 20—EDUCATION § 1092 (II) meets the requirements of the Campus Hazing Transparency Report; and (ii) any additional information— (I) determined by the institution to be nec- essary; or (II) reported as required by State law. (C) The Campus Hazing Transparency Report shall not include any personally identifiable in- formation, including any information that would reveal personally identifiable informa- tion, about any individual student in accordance with section 444 of the General Education Provi- sions 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 promi- nent location on the public website of the insti- tution, the Campus Hazing Transparency Re- port, including— (i) a statement notifying the public of the annual availability of statistics on hazing pur- suant to the report required under paragraph (1)(F), including a link to such report; (ii) information about the institution’s poli- cies 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 up- date. (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 defini- tion 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 insti- tution has a finding of a hazing violation; or (ii) update the Campus Hazing Transparency Report in accordance with clause (iii) of sub- paragraph (A) for a period described in such clause if such institution does not have a find- ing 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 privi- leged information. (12) The Secretary shall report to the appro- priate committees of Congress each institution of higher education that the Secretary deter- mines 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 prop- erty; (C) on public property; and (D) in dormitories or other residential facili- ties 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 misrepre- sented the number, location, or nature of the crimes required to be reported under this sub- section, the Secretary shall impose a civil pen- alty 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 con- strued to— (i) create a cause of action against any insti- tution 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 non- compliance with this subsection shall not be ad- missible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this sub- section. (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 dis- semination to institutions of higher education, of best practices information about campus safe- ty 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 dis- semination to institutions of higher education, of best practices information about preventing and responding to incidents of domestic vio- lence, dating violence, sexual assault, and stalk- ing, including elements of institutional policies that have proven successful based on evidence- based outcome measurements. (18) No officer, employee, or agent of an insti- tution participating in any program under this subchapter shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or respon- sibilities 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 intercolle- giate athletic program, shall annually, for the immediately preceding academic year, prepare a report that contains the following informa- tion regarding intercollegiate athletics: Page 675 TITLE 20—EDUCATION § 1092 (A) The number of male and female full- time undergraduates that attended the insti- tution. (B) A listing of the varsity teams that competed in intercollegiate athletic com- petition and for each such team the fol- lowing 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 attrib- utable to such teams, except that an insti- tution may also report such expenses on a per capita basis for each team and expendi- tures attributable to closely related teams such as track and field or swimming and diving, may be reported together, although such combinations shall be reported sepa- rately for men’s and women’s teams. (iii) Whether the head coach is male or female and whether the head coach is as- signed to that team on a full-time or part- time basis. Graduate assistants and volun- teers who serve as head coaches shall be considered to be head coaches for the pur- poses 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 stu- dent aid awarded male athletes to athlet- ically related student aid awarded female athletes. (E) The total amount of expenditures on recruiting, separately for men’s and wom- en’s teams overall. (F) The total annual revenues generated across all men’s teams and across all wom- en’s teams, except that an institution may also report such revenues by individual team. (G) The average annual institutional sal- ary of the head coaches of men’s teams, across all offered sports, and the average an- nual institutional salary of the head coaches of women’s teams, across all offered sports. (H) The average annual institutional sal- ary of the assistant coaches of men’s teams, across all offered sports, and the average an- nual 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, de- rived by the institution from the institu- tion’s intercollegiate athletics activities. (ii) For the purpose of clause (i), revenues from intercollegiate athletics activities allo- cable to a sport shall include (without limi- tation) gate receipts, broadcast revenues, appearance guarantees and options, conces- sions, and advertising, but revenues such as student activities fees or alumni contribu- tions 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 com- bined, made by the institution for the insti- tution’s intercollegiate athletics activities. (ii) For the purpose of clause (i), expenses for intercollegiate athletics activities allo- cable to a sport shall include (without limi- tation) grants-in-aid, salaries, travel, equip- ment, 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 responsibil- ities 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 stu- dents 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 avail- able the report under paragraph (1), the infor- mation contained in the report. (B) The Secretary shall ensure that the re- ports described in subparagraph (A) are made available to the public within a reasonable pe- riod 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 para- graph (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 partici- pating in any program under this subchapter shall publicly disclose, in a readable and com- Page 676 TITLE 20—EDUCATION § 1092 prehensible 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 in- cludes, 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 edu- cation with which the institution has estab- lished an articulation agreement. (2) Rule of construction Nothing in this subsection shall be con- strued to— (A) authorize the Secretary or the Na- tional Advisory Committee on Institutional Quality and Integrity to require particular policies, procedures, or practices by institu- tions of higher education with respect to transfer of credit; (B) authorize an officer or employee of the Department to exercise any direction, super- vision, or control over the curriculum, pro- gram of instruction, administration, or per- sonnel of any institution of higher edu- cation, or over any accrediting agency or as- sociation; (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 institu- tion of higher education to accept a transfer of credit from another institution. (i) Disclosure of fire safety standards and meas- ures (1) Annual fire safety reports on student hous- ing required Each eligible institution participating in any program under this subchapter that main- tains 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 stu- dent housing facility fire safety system, in- cluding the fire sprinkler system; (C) the number of regular mandatory su- pervised 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, fac- ulty, and staff; and (E) plans for future improvements in fire safety, if determined necessary by such in- stitution. (2) Report to the Secretary Each institution described in paragraph (1) shall, on an annual basis, submit to the Sec- retary 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, re- cording all fires in on-campus student hous- ing 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 recog- nized fire organizations and representatives of institutions of higher education, rep- resentatives of associations of institutions of higher education, and other organizations that represent and house a significant num- ber of students— (i) identify exemplary fire safety poli- cies, 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 de- scribed in clause (i) to the Administrator of the United States Fire Administration; (iii) make available to the public infor- mation concerning those policies, proce- dures, 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 sys- tems. (5) Rules of construction Nothing in this subsection shall be con- strued to— (A) authorize the Secretary to require par- ticular policies, procedures, programs, or practices by institutions of higher education with respect to fire safety, other than with respect to the collection, reporting, and dis- semination of information required by this subsection; (B) affect section 444 of the General Edu- cation Provisions Act [20 U.S.C. 1232g] (com- monly known as the ‘‘Family Educational Rights and Privacy Act of 1974’’) or the regu- lations 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 in- stitution of higher education or any em- ployee of such an institution for any civil li- ability; or Page 677 TITLE 20—EDUCATION § 1092 (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 compli- ance. (7) Evidence Notwithstanding any other provision of law, evidence regarding compliance or noncompli- ance with this subsection shall not be admis- sible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this sub- section. (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 notifica- tion policy for students who reside in on- campus housing that— (i) informs each such student that such student has the option to identify an indi- vidual to be contacted by the institution not later than 24 hours after the time that the student is determined missing in ac- cordance with official notification proce- dures established by the institution under subparagraph (B); (ii) provides each such student a means to register confidential contact informa- tion in the event that the student is deter- mined 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 emanci- pated individual, that the institution is re- quired to notify a custodial parent or guardian not later 24 hours after the time that the student is determined to be miss- ing in accordance with such procedures; (iv) informs each such residing student that the institution will notify the appro- priate law enforcement agency not later than 24 hours after the time that the stu- dent is determined missing in accordance with such procedures; and (v) requires, if the campus security or law enforcement personnel has been noti- fied and makes a determination that a stu- dent 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 proce- dures for a missing student who resides in on-campus housing that— (i) includes procedures for official notifi- cation of appropriate individuals at the in- stitution that such student has been miss- ing 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 re- port, such department determines that the missing student has been missing for more than 24 hours, requires— (I) such department to contact the in- dividual 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 con- strued— (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 em- ployee of the institution for any civil liabil- ity. (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 guaran- teed 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 Consoli- dation Loan or a Federal Direct PLUS loan made on behalf of a student), ensure that the borrower receives comprehensive informa- tion 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 un- derstandable manner; and (ii) may be provided— (I) during an entrance counseling ses- sion conduction in person; (II) on a separate written form pro- vided to the borrower that the borrower signs and returns to the institution; or (III) online, with the borrower ac- knowledging receipt of the information. (B) Use of interactive programs The Secretary shall encourage institutions to carry out the requirements of subpara- graph (A) through the use of interactive pro- grams that test the borrower’s under- standing of the terms and conditions of the borrower’s loans under part B or D, using simple and understandable language and clear formatting. Page 678 TITLE 20—EDUCATION § 1092 (2) Information to be provided The information to be provided to the bor- rower under paragraph (1)(A) shall include the following: (A) To the extent practicable, the effect of accepting the loan to be disbursed on the eli- gibility 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 sec- tion 1078–2 or 1078–8 of this title, a Federal Direct PLUS Loan, or a Federal Direct Un- subsidized Stafford Loan, the option of the borrower to pay the interest while the bor- rower is in school. (E) The definition of half-time enrollment at the institution, during regular terms and summer school, if applicable, and the con- sequences of not maintaining half-time en- rollment. (F) An explanation of the importance of contacting the appropriate offices at the in- stitution of higher education if the borrower withdraws prior to completing the bor- rower’s program of study so that the institu- tion can provide exit counseling, including information regarding the borrower’s repay- ment 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 bor- rower 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 partici- pating in any program under this subchapter shall report, on an annual basis, to the Sec- retary, any reasonable expenses paid or pro- vided 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 ex- penses 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 informa- tion received from institutions of higher edu- cation under paragraph (1) in a report and transmit such report annually to the author- izing 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.) AMENDMENT OF SUBSECTION (f) Pub. L. 118–173, § 2(a)(1), (2), (4)–(c), Dec. 23, 2024, 138 Stat. 2597–2599, provided that, effective on the date that is 6 months after Dec. 23, 2024, and applicable with respect to the annual secu- rity report required under subsection (f)(1) of this section 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, subsection (f) of this section is amended as follows: (1) in paragraph (1)— (A) in subparagraph (F)— (i) in clause (i)(IX), by striking ‘‘and’’ after the semicolon; (ii) in clause (ii), by striking ‘‘and’’ after the semicolon; (iii) in clause (iii), by striking the period at the end and inserting ‘‘; and’’; and Page 679 TITLE 20—EDUCATION § 1092 (iv) by adding at the end the following: ‘‘(iv) of hazing incidents that were reported to campus security authorities or local police agen- cies.’’; and (B) by inserting after subparagraph (J) the following: ‘‘(K) A statement of current policies relating to hazing (as defined by the institution), how to re- port 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 de- fined by the institution) that includes a descrip- tion of research-informed campus-wide prevention programs designed to reach students, staff, and faculty, which includes— ‘‘(i) the information referred to in subpara- graph (K); and ‘‘(ii) primary prevention strategies intended to stop hazing before hazing occurs, which may include skill building for bystander interven- tion, information about ethical leadership, and the promotion of strategies for building group cohesion without hazing.’’; (2) in paragraph (6)(A)— (A) by adding at the end the following: ‘‘(vi) The term ‘hazing’, for purposes of report- ing statistics on hazing incidents under para- graph (1)(F)(iv), means any intentional, knowing, or reckless act committed by a person (whether in- dividually 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 rea- sonable risk encountered in the course of par- ticipation in the institution of higher education or the organization (such as the physical prepa- ration necessary for participation in an athletic team), of physical or psychological injury in- cluding— ‘‘(aa) whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity; ‘‘(bb) causing, coercing, or otherwise induc- ing sleep deprivation, exposure to the ele- ments, confinement in a small space, extreme calisthenics, or other similar activity; ‘‘(cc) causing, coercing, or otherwise induc- ing another person to consume food, liquid, alcohol, drugs, or other substances; ‘‘(dd) causing, coercing, or otherwise induc- ing another person to perform sexual acts; ‘‘(ee) any activity that places another per- son 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.’’; and (B) by further adding at the end the fol- lowing: ‘‘(vii) The term ‘student organization’, for pur- poses 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 ath- letic 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.’’; and (3) in paragraph (7), by inserting after the second sentence the following: ‘‘For hazing in- cidents 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.’’ See 2024 Amendment notes 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, re- ferred 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 chap- ter 31 (§ 1221 et seq.) of this title. For complete classi- fication 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 Wel- fare. 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 fi- nancial 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; renum- bered § 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 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 sub- pars. (K) and (L). Subsec. (f)(6)(A)(vi). Pub. L. 118–173, § 2(a)(4), added cl. (vi). Page 680 TITLE 20—EDUCATION § 1092 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 add- ing cl. (x), was executed to subsec. (b)(1)(A) of this sec- tion to reflect the probable intent of Congress. Subsec. (k). Pub. L. 116–260 struck out subsec. (k) which related to notice to students concerning pen- alties 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 confiden- tial,’’ 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 vio- lence, 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 develop- ment 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 dis- semination to institutions of higher education, of best practices information about campus safety and emer- gencies.’’ 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 per- mit 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 Edu- cational Rights and Privacy Act of 1974’ ’’ for ‘‘also re- ferred 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 ‘‘handi- capped students’’. Subsec. (a)(4)(B). Pub. L. 111–39, § 407(b)(5)(A)(ii), in- serted ‘‘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 provi- sions. 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), sub- stituted ‘‘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), sub- stituted ‘‘commonly known as the ‘Family Educational Rights and Privacy Act of 1974’ ’’ for ‘‘the Family Edu- cational 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), sub- stituted ‘‘paragraph (2)’’ for ‘‘subparagraph (B)’’ in in- troductory 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 prin- cipal 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 dem- onstrated 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 sub- paragraph (L) of paragraph (1) the completion or grad- uation 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 Govern- ment.’’ Subsec. (a)(7). Pub. L. 110–315, § 488(a)(3), added par. (7). Subsec. (b)(1)(A). Pub. L. 110–315, § 488(b), which di- rected 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 sub- stituting 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 finan- cial aid officers or otherwise, make available coun- seling to borrowers of loans which are made, insured, or guaranteed under part B (other than loans made pursu- ant 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 bor- Page 681 TITLE 20—EDUCATION § 1092 rower enrolled at the institution or at the time of de- parture 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 stu- dent may obtain partial cancellation or defer repay- ment of the principal and interest pursuant to sec- tions 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 re- payment 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, in- cluding the increase in debt that results from capital- ization 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 fol- lows: ‘‘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 mis- sions, 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 ap- propriate police agencies.’’ Subsec. (f)(1)(F)(ii). Pub. L. 110–315, § 488(e)(1)(C), sub- stituted ‘‘clause (i), of larceny-theft, simple assault, in- timidation, 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), sub- stituted ‘‘authorizing committees’’ for ‘‘Committee on Education and the Workforce of the House of Rep- resentatives 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), redes- ignated 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 in- formation 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 Sen- ate 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 insti- tution of higher education.’’ Subsecs. (h) to (l). Pub. L. 110–315, § 488(g), added sub- secs. (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 informa- tion 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 provi- sions, substituted ‘‘upon request, through appropriate publications, mailings, and electronic media, to an en- rolled 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), amend- ed 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 sub- paragraph (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 sub- chapter, ‘‘(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 begin- ning more than 270 days after the Secretary first pre- scribes final regulations pursuant to such subparagraph (L), be made available to current and prospective stu- dents 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 sub- par. (C). Subsec. (d). Pub. L. 105–244, § 486(c), designated exist- ing 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 as- sociation’s member institutions that the Secretary de- termines is substantially comparable to the informa- tion 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 in- stitution to provide information to a prospective stu- dent 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 fol- lows: ‘‘This subsection shall not be effective until the Page 682 TITLE 20—EDUCATION § 1092 first July 1 that follows, by more than 270 days, the date on which the Secretary first prescribes final regu- lations pursuant to this subsection. The reports re- quired 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), amend- ed subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: ‘‘Statistics concerning the occur- rence 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), re- designated subpar. (I) as (H) and struck out former sub- par. (H) which read as follows: ‘‘Statistics concerning the number of arrests for the following crimes occur- ring 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), redesig- nated 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 sub- stitution of ‘‘On an annual basis, each’’ for ‘‘Upon re- quest of the Secretary, each’’ was executed by making the substitution for ‘‘Upon the request of the Sec- retary, 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 institu- tion.’’ 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), redesig- nated 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 fol- lows: ‘‘The Secretary shall issue final regulations to implement the requirements of this subsection not later than 180 days following October 20, 1994. Each in- stitution described in paragraph (1) shall make avail- able 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 ‘‘Au- gust 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), in- serted ‘‘under’’ after ‘‘awards’’. Subsec. (a)(1)(F)(vi). Pub. L. 103–208, § 2(h)(32), redesig- nated cl. (vii) as (vi) and struck out former cl. (vi) which read as follows: ‘‘to awards under part C of sub- chapter I of chapter 34 of title 42,’’. Subsec. (a)(1)(F)(vii). Pub. L. 103–208, § 2(h)(32), redes- ignated 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), redes- ignated cl. (viii) as (vii). Pub. L. 103–208, § 2(h)(31), struck out period after ‘‘stu- dent’’. Subsec. (a)(1)(L). Pub. L. 103–208, § 2(k)(9), amended di- rectory 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 prospec- tive students prior to enrolling or entering into any fi- nancial obligation; and’’. Subsec. (b)(1)(A), (2)(A). Pub. L. 103–208, § 2(h)(35), sub- stituted ‘‘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), in- serted ‘‘, 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), redesig- nated subpar. (L), relating to deferral or partial can- cellation 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 com- pletion or graduation rate, by substituting semicolon for period at end. Subsec. (a)(1)(M). Pub. L. 102–325, § 486(a)(4), (5), redes- ignated subpar. (L), relating to deferral or partial can- cellation 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 struc- ture 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 re- ported to campus security authorities or local police agencies— ‘‘(i) murder; ‘‘(ii) rape; ‘‘(iii) robbery; ‘‘(iv) aggravated assault; Page 683 TITLE 20—EDUCATION § 1092 ‘‘(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 coun- seling 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 bor- rower’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 ‘‘Au- gust 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 con- cerning 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 cancella- tions 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 sec- ond sentence ‘‘In addition, such information shall in- clude 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 con- sequences.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–173, § 2(c), Dec. 23, 2024, 138 Stat. 2599, pro- vided 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 re- port required under section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) for the cal- endar year that is 2 years after such date of enact- ment, 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 subse- quent 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 sec- tion 1001 of this title. However, the July 1, 2023, imple- mentation 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 sec- tion [amending this section] shall take effect with re- spect 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 edu- cation 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 sec- tion 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 re- Page 684 TITLE 20—EDUCATION § 1092 lating to disclosures effective with respect to periods of enrollment beginning on or after July 1, 1993, see sec- tion 498 of Pub. L. 102–325, set out as a note under sec- tion 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, in- clude 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, in- clude 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, in- clude 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 con- cerning 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 Sec- retary 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 sec- tion 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 sec- tion 407(b) of Pub. L. 99–498, set out as a note under sec- tion 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, pro- vided that: ‘‘Nothing in this Act [amending this section and enacting provisions set out as notes under this sec- tion], or an amendment made by this Act, shall be con- strued to affect the rights (including remedies and pro- cedures) available to persons under the First Amend- ment 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 pro- gram 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 sub- section.’’ 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 en- actment 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 im- provements that— ‘‘(A) can be made to financial aid offer forms; and ‘‘(B) include the information described in sub- section (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 enact- ment 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 for- mat 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 attend- ance, 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 stu- dent’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 finan- cial 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 Edu- cation determines necessary so that students and parents can make informed student loan borrowing decisions.’’ Page 685 TITLE 20—EDUCATION § 1092 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 im- portant role in teaching young Americans how to work on teams, handle challenges and overcome ob- stacles; ‘‘(2) participation in athletic pursuits plays an im- portant 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 institu- tions of higher education; ‘‘(4) a recent study by the National Collegiate Ath- letic Association found that in Division I–A institu- tions, only 20 percent of the average athletic depart- ment operations budget of $1,310,000 is spent on wom- en’s athletics; 15 percent of the average recruiting budget of $318,402 is spent on recruiting female ath- letes; 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 per- cent 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 opportuni- ties for its men and women students; and ‘‘(8) knowledge of an institution’s expenditures for women’s and men’s athletic programs would help pro- spective 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 stu- dents.’’ 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 aca- demic 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 col- leges and universities and 54 percent of students en- tering 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 pro- vided annually by institutions of higher education; ‘‘(6) prospective students and prospective student athletes should be aware of the educational commit- ments of an institution of higher education; and ‘‘(7) knowledge of graduation rates would help pro- spective 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 stu- dent 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 partici- pating in Federal student aid programs, only 352 col- leges and universities voluntarily provide crime sta- tistics directly through the Uniform Crime Report of the Federal Bureau of Investigation, and other insti- tutions 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 cam- pus crime statistics and dissemination of security practices and procedures, but the bills are not uni- form in their requirements and standards; ‘‘(5) students and employees of institutions of high- er education should be aware of the incidence of crime on campus and policies and procedures to pre- vent crime or to report occurrences of crime; ‘‘(6) applicants for enrollment at a college or uni- versity, and their parents, should have access to in- formation about the crime statistics of that institu- tion and its security policies and procedures; and ‘‘(7) while many institutions have established crime preventive measures to increase the safety of cam- puses, there is a clear need— ‘‘(A) to encourage the development on all cam- puses of security policies and procedures; ‘‘(B) for uniformity and consistency in the report- ing of crimes on campus; and ‘‘(C) to encourage the development of policies and procedures to address sexual assaults and racial vi- olence 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 grad- uates 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 cur- rent discretionary income. This plan can be an effec- tive 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 bor- rowers, including through passage of an enhanced In- come-Based Repayment plan, which will cap a Federal student loan borrower’s monthly payments at 10 per- cent 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 ap- plication 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 re- cently removed some of the hurdles to completing the process, too many borrowers are still struggling to ac- cess this important repayment option due to difficulty in applying. Page 686 TITLE 20—EDUCATION § 1092 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 Sec- retary of Education, in coordination with the Commis- sioner 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 in- come 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 re- sponsible 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 discre- tionary income and be eligible for loan forgiveness after 20 years of responsible repayment; and (b) develop and make available to borrowers an on- line tool to help students make better financial deci- sions, including understanding their loan debt and its impact on their everyday lives. This tool should incor- porate key elements of best practices in financial lit- eracy 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 Re- payment Plan. The Secretary of Education shall in- struct Federal direct student loan servicers to make borrowers aware of the option to participate in IBR be- fore a student leaves school and upon entering repay- ment. Within 1 year of the date of this memorandum, the Department of Education shall make available, for institutions of higher education, a model exit coun- seling 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 memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, 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 Depart- ments 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 Na- tion’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 com- pleted 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, univer- sities, community colleges, graduate and professional schools, for-profit schools, trade schools, and career and technical schools, must provide students with in- formation on programs aimed at preventing rape and sexual assault, and on procedures for students to re- porting 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 Presi- dent and the White House Council on Women and Girls to lead an interagency effort to address campus rape and sexual assault, including coordinating Federal en- forcement efforts by executive departments and agen- cies (agencies) and helping institutions meet their obli- gations 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 estab- lished 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 Tech- nology 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, sen- ior officials who are part of the member’s agency or of- fice, 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 co- ordinated 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 en- forcement efforts to ensure that institutions comply fully with their legal obligations to prevent and re- spond to rape and sexual assault; Page 687 TITLE 20—EDUCATION § 1092 (iii) increasing the transparency of the Federal Gov- ernment’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 asso- ciations, 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 rec- ommendations may apply to, and may be implemented by, schools, school districts, and other elementary and secondary educational entities receiving Federal finan- cial 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 Presi- dent for: (i) providing examples of instructions, policies, and protocols for institutions, including: rape and sexual assault policies; prevention programs; crisis interven- tion and advocacy services; complaint and grievance procedures; investigation protocols; adjudicatory pro- cedures; disciplinary sanctions; and training and ori- entation 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 effective- ness in combatting campus rape and sexual assault by, among other measures, making its enforcement activi- ties transparent and accessible to students and prospec- tive students nationwide; and (iv) promoting greater coordination and consistency among the agencies and offices that enforce the Fed- eral laws addressing campus rape and sexual assault and support improved campus responses to sexual vio- lence. (b) Within 1 year of the date of this memorandum, and then on an annual basis, the Task Force shall pro- vide a report to the President on implementation ef- forts with respect to this memorandum. SEC. 4. General Provisions. (a) This memorandum is not intended to, and does not, create any right or ben- efit, substantive or procedural, enforceable at law or in equity by any party against the United States, its de- partments, agencies, or entities, its officers, employ- ees, 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 Man- agement and Budget relating to budgetary, administra- tive, 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 con- sistent with applicable law and subject to the avail- ability of appropriations. (e) The Secretary of Education is authorized and di- rected to publish this memorandum in the Federal Reg- ister. 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 in- vestment that Americans can make in their futures. College remains a good investment, resulting in higher earnings and a lower risk of unemployment. Unfortu- nately, for many low- and middle-income families, col- lege is slipping out of reach. Over the past three dec- ades, 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 per- cent 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, cre- ating the American Opportunity Tax Credit, and ex- panding access to student loan repayment plans, where monthly obligations are calibrated to a borrower’s in- come 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 in- come, can be an effective tool to help individuals man- age 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 re- payment 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 man- age 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 per- cent 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 Vul- nerable 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 en- sure 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 be- hind 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 in- come-based monthly payments. The Secretary of Edu- cation shall incorporate data analytics into the com- munications efforts and evaluate these new strategies to identify areas for improvement and build on success- ful practices. Page 688 TITLE 20—EDUCATION § 1092 SEC. 3. Encouraging Support and Awareness of Repay- ment 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 person- alized 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 Sep- tember 30, 2014, the Secretary of Education, in con- sultation with the Secretary of the Treasury, shall de- velop a pilot project to test the effectiveness of loan counseling resources, including the Department of Edu- cation’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 stu- dents, 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 fi- nancing their investment in higher education and man- aging their debt, and to provide more comparative, cus- tomized resources to those borrowers when possible. SEC. 5. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, 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 Fed- eral 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 Man- agement 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 be- cause we had the most educated workforce in the world. Today, more than ever, Americans need knowl- edge and skills to meet the demands of a growing glob- al 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 en- sure that college remains affordable and student debt remains manageable. We have eliminated tens of bil- lions 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 pay- ments 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, trans- parent information on college performance. College remains an excellent investment, and student loans enable many who could not otherwise do so to ac- cess 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 Fed- eral 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 afford- able 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 effi- cient 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 Sys- tem. (a) Complaints and Feedback Regarding Federal Finan- cial Aid. By July 1, 2016, the Secretary of Education shall develop and implement a simple process for bor- rowers 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 reso- lution. In addition, the Department of Education will provide data from the complaint system to other en- forcement agencies that are responsible for oversight of Federal student loan lenders, loan servicers, private collection agencies, and institutions of higher edu- cation. By October 1, 2017, and annually thereafter, the Department of Education shall publish a report sum- marizing 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 Of- fice of Management and Budget, on the optimal way to address other student complaints regarding institu- tions 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 Finan- cial 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 agen- cies 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 re- quire all Federal Direct student loan servicers to pro- vide enhanced disclosures to borrowers and strength- ened consumer protections. These disclosures and con- sumer 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 Page 689 TITLE 20—EDUCATION § 1092a apply prepayments to loans with the highest interest rate to ensure consistency across servicers, unless oth- erwise instructed by borrowers. (b) Regular Review of Student Loan Performance and Borrower Trends. The Director of the Office of Manage- ment and Budget and the Secretary of Education shall convene quarterly an interagency task force consisting of the Department of the Treasury, Department of Edu- cation, Office of Management and Budget, and Domes- tic Policy Council to monitor trends in the student loan portfolio, budget costs, and borrower assistance ef- forts. No later than August 1, 2015, the task force shall review recommendations for the Department of Edu- cation 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 pay- ments on their student loans. (c) Additional Protections for Student Loan Borrowers. By October 1, 2015, the Secretary of Education, in con- sultation with the Secretary of the Treasury and the Director of the Consumer Financial Protection Bureau, shall issue a report to the President, through the Direc- tor 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 edu- cation that borrowers may assert as a defense to repay- ment of a direct loan; and (ii) after assessing the poten- tial applicability of consumer protections in the mort- gage and credit card markets to student loans, rec- ommendations for statutory or regulatory changes in this area, including, where appropriate, strong serv- icing 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 re- port to the President, through the Director of the Do- mestic Policy Council and the Director of the Office of Management and Budget, on the feasibility of devel- oping a system to give borrowers the opportunity to authorize the Internal Revenue Service to release in- come 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 Sec- retary 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 Jan- uary 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 bor- rowers 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 pro- grams. (f) Making it Easier for Federal Direct Student Loan Bor- rowers to Repay Their Student Loans. As soon as prac- ticable, 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 spe- cific servicer. SEC. 3. Fair Treatment for Struggling and Distressed Bor- rowers. (a) Raising Standards for Student Loan Debt Collectors. By July 1, 2015, the Secretary of Education shall imple- ment actions to ensure that the debt collection process for defaulted Federal student loans is fair, transparent, charges reasonable fees to defaulted borrowers, and ef- fectively assists borrowers in meeting their obligations and returning to good standing. By January 1, 2016, the Secretary of Education shall publish a quarterly per- formance report on the Department’s private debt col- lection agency contractors that includes the under- lying 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 So- cial Security, shall develop a plan to identify Federal student loan borrowers who receive Social Security Disability Insurance (SSDI) and determine which bene- ficiaries qualify for a total and permanent disability discharge of their student loans under the Higher Edu- cation Act of 1965. The plan shall specify a process for the Secretary of Education to stop collection on quali- fied 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 Secu- rity, 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 pro- gram that uses the Department of the Treasury’s Bu- reau of the Fiscal Service to collect on a sample of de- faulted 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 memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, 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 Fed- eral Register. BARACK OBAMA. § 1092a. Combined payment plan (a) Eligibility for plan Upon the request of the borrower, a lender de- scribed in subparagraph (A), (B), or (C) of sec- tion 1078–3(a)(1) of this title, or an eligible lend- er as defined in section 719 of the Public Health Service Act (42 U.S.C. 292o) may, with respect to a consolidation loan made under section 1078–3 of this title (and section 1087–2(o) of this title as in effect prior to the enactment of section 1078–3