20 U.S.C. § 1092 — Institutional and financial assistance information for students
submitted 40 years ago by Pub. L. 89-329 to r/title-20-EDUCATION · 11,125 words · no verdicts yet
This section requires eligible colleges and universities to give students information about financial aid, costs, academic programs, safety, athletics, and related matters. It also requires loan counseling and reports about campus safety, fire safety, hazing, athletics, transfer credits, and certain financial-aid reimbursements.
(a) Information dissemination activities. (1) Each eligible institution that takes part in a program under this subchapter must give prospective and enrolled students, including students who attend or plan to attend less than full time, information about the institution and all financial assistance under this subchapter. The institution must prepare the required information and make it readily available, when requested, through suitable publications, mailings, and electronic media. Each year, it must give every enrolled student a list of the information that institutions must provide under this section and section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974), along with the procedures for getting that information. The information must accurately describe: (A) the student financial-assistance programs available to students who enroll at the institution; (B) how that assistance is distributed among those students; (C) every way, including forms, to apply for student financial assistance and the requirements for preparing an accurate application; (D) the rights and responsibilities of students who receive assistance under this subchapter; (E) the cost of attending the institution, including (i) tuition and fees, (ii) books and supplies, (iii) typical room-and-board costs or typical commuting costs, and (iv) any additional cost of the program in which the student is enrolled or has specifically expressed interest; (F) a statement of (i) the requirements of every refund policy the institution must follow, (ii) the requirements under section 1091b of this title for returning grant or loan assistance under this subchapter, and (iii) the requirements for officially withdrawing; (G) the institution’s academic program, including (i) current degree, educational, and training programs, (ii) instructional, laboratory, and other physical facilities related to those programs, (iii) faculty and other instructional staff, and (iv) plans to improve the academic program; (H) each person designated under subsection (c), and how and where students and prospective students can contact that person for information required by this subsection; (I) special facilities and services for students with disabilities; (J) the names of associations, agencies, or government bodies that accredit, approve, or license the institution and its programs, and the procedures for obtaining or reviewing, on request, documents describing that accreditation, approval, or licensing; (K) the standards a student must maintain to be considered to be making satisfactory progress under section 1091(a)(2) of this title; (L) the completion or graduation rate of full-time undergraduate students entering the institution who seek a certificate or degree; (M) the terms and conditions of loans students receive under parts B, D, and E; (N) that enrollment in a study-abroad program approved for credit by the home institution may count as enrollment in the home institution when applying for Federal student financial assistance; (O) the campus crime report prepared under subsection (f), including every required reporting category; (P) the institution’s policies and sanctions concerning copyright infringement, including (i) an annual notice expressly telling students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may expose them to civil and criminal liability, (ii) a summary of penalties for violating Federal copyright laws, and (iii) a description of the institution’s policy on unauthorized peer-to-peer file sharing, including disciplinary action against students who use the institution’s information-technology system to distribute copyrighted material without authorization; (Q) student-body diversity, including the percentage of enrolled full-time students who (i) are male, (ii) are female, (iii) receive a Federal Pell Grant, and (iv) identify themselves as members of a major racial or ethnic group; (R) where graduates of degree or certificate programs are placed in jobs and the types of jobs they obtain, using sources such as alumni surveys, student-satisfaction surveys, the National Survey of Student Engagement, the Community College Survey of Student Engagement, State* data systems, or other relevant sources; (S) the types of graduate and professional education entered by graduates of four-year degree programs, using such sources; (T) the fire-safety report prepared under subsection (i); (U) the retention rate of first-time, full-time undergraduate students seeking a certificate or degree; and (V) the institution’s vaccination policies.
(2) For this section, “prospective student” means an individual who has contacted an eligible institution to request information about admission to that institution.
(3) For the completion or graduation rate under paragraph (1)(L) or subsection (e), count a student as completing or graduating if, within 150 percent of the normal time for completing or graduating from the program, the student completed or graduated from it, or enrolled in an eligible institution’s program for which the earlier program provides substantial preparation. The information under paragraph (1)(L) must be available by July 1 each year to enrolled and prospective students before they enroll or enter a financial obligation. It must cover the one-year period ending August 31 of the preceding year.
(4) An institution may (A) leave out of the rate disclosed under paragraph (1)(L) students who left school to serve in the Armed Forces, on official church missions, or with a recognized foreign-aid service of the Federal Government; or (B), if those students are at least 20 percent of the institution’s full-time undergraduate certificate- or degree-seeking students, recalculate their rates by leaving out the time they were not enrolled because of that service.
(5) The Secretary* must allow an institution that belongs to an athletic association or conference to use completion or graduation-rate data that the association or conference has voluntarily published, or agreed to publish, if the Secretary thinks the data are substantially comparable to this subsection’s required information.
(6) An institution may give enrolled and prospective students extra information showing the rate for students described in paragraph (4), the rate for students transferring into the institution, or the rate at which students transfer out.
(7)(A)(i) Subject to clause (ii), information under paragraph (1)(L) and subsection (e) must be separated by gender; each major racial and ethnic subgroup; Federal Pell Grant recipients; recipients of a part B or D loan, other than a loan under section 1078–8 or a Federal Direct Unsubsidized Stafford Loan, who did not receive a Pell Grant; and students who received neither a Pell Grant nor such a part B or D loan. This separation is required only when the number of students is enough to produce statistically reliable information and reporting will not reveal a student’s personally identifiable information. If there are too few students, the institution must say that it enrolled too few students to report with confidence and confidentiality. (ii) Clause (i) did not apply to two-year, degree-granting institutions until academic year 2011–2012.
(B)(i) To help two-year degree-granting institutions meet paragraph (1)(L) and subsection (e), the Secretary, consulting the Commissioner for Education Statistics, must within 90 days after August 14, 2008, convene representatives of diverse higher-education institutions, higher-education-policy experts, State higher-education officials, students, and other stakeholders. The group must recommend accurate ways to calculate and report the required information. It must consider the mission and role of two-year institutions and may recommend additional or alternative measures of student success. (ii) The Secretary must widely distribute the recommendations to those institutions, the public, and the authorizing committees* within 18 months after the group’s first meeting. (iii) The Secretary must use the recommendations to provide technical assistance to two-year institutions. (iv) The Secretary may modify the information required from a two-year institution (I) based on the group’s recommendations, (II) to add or substitute student-success measures if the goals of paragraph (1)(L) and subsection (e) can be met through comparable alternatives, and (III) during the period from August 14, 2008, through June 30, 2011.
(b) Exit counseling for borrowers. (1)(A) Each eligible institution must, through its financial-aid office or otherwise, counsel borrowers before they complete the course for which they enrolled or when they leave the institution. This applies to part B loans, except loans under section 1078–3 and loans under section 1078–2 made on behalf of a student; part D loans, except Federal Direct Consolidation Loans and Federal Direct PLUS Loans made on behalf of a student; and part E loans. The counseling must include: (i) available repayment plans, the different features of each, sample average expected monthly payments, and the differences in interest and total payments; (ii) debt-management strategies to help repay the debt; (iii) an explanation that the borrower may prepay each loan, repay on a shorter schedule, or change repayment plans; (iv) for each forgiveness or cancellation provision, a general description of the conditions for full or partial forgiveness or cancellation of principal and interest, plus a copy of the Secretary’s information under section 1092(d); (v) for each forbearance provision, a general description of the conditions for deferring principal or interest or receiving forbearance, plus that information; (vi) the consequences of default, including adverse credit reports, Federal delinquent-debt collection procedures, and lawsuits; (vii) the effects of using a section 1078–3 consolidation loan or a Federal Direct Consolidation Loan to pay off part B, D, and E loans, including at least (I) effects on total interest, fees, and repayment length, (II) effects on underlying benefits such as grace periods, forgiveness, cancellation, and deferment, (III) the option to prepay or change plans, and (IV) that borrower-benefit programs may differ among lenders; (viii) a general description of possible tax benefits; (ix) notice that the National Student Loan Data System is available and how to use it to learn loan status; and (x) an explanation that (I) third-party student-debt-relief companies may contact borrowers during repayment, (II) borrowers should be careful with those companies, and (III) services those companies typically provide are already available free through the Department* or the borrower’s servicer. (B) If a borrower leaves without the institution knowing beforehand, the institution must try to give the information in writing.
(2)(A) During the required exit interview, an institution must require a borrower of a part B, D, or E loan to provide (i) the expected permanent address after leaving, whatever the reason; (ii) the expected employer’s name and address; (iii) the next of kin’s address; and (iv) corrections to the institution’s records about the borrower’s name, address, Social Security number, references, and driver’s-license number. (B) Within 60 days after the interview, the institution must send corrected or completed information to the guaranty agency shown in the borrower’s student-aid records. (C) This subsection does not prohibit electronic, personalized exit counseling.
(c) Financial-assistance information personnel. Each eligible institution must designate an employee or group of employees available full time to help students or potential students obtain subsection (a) information. By regulation, the Secretary may waive the full-time availability requirement when the institution’s total enrollment, or its enrollment in programs under this subchapter, is too small to require full-time personnel. A waiver may not let the institution avoid designating a specific person or group to carry out this section.
(d) Departmental publication of assistance-program descriptions. (1) The Secretary must make descriptions of Federal student-assistance programs available to eligible institutions, eligible lenders, and secondary schools. The descriptions must include participant rights and responsibilities and must help students get information through institutions and help institutions carry out this section. They must let students and prospective students judge the debt burden and monthly and total repayment duties from loans of different amounts. They must describe student-loan payment choices, including income-sensitive and income-based plans for part B loans and income-contingent and income-based plans for part D loans. They must help borrowers judge loan-consolidation consequences, including differences in deferment eligibility, interest rates, monthly payments, and finance charges, and must include sample consolidation profiles. The Secretary must give the specific conditions for partial or total cancellation or service-based deferment; state, in terms of the Federal minimum wage, the maximum compensation and allowances a borrower may receive from a tax-exempt organization to qualify for deferment; expressly say that a student may qualify while working as a paid employee of a tax-exempt organization; and give information on forbearance, including debt increases from capitalized interest. Eligible institutions and lenders must provide this information whenever they give a student information about loan availability. (2) To the extent available, the Secretary must compile information about State and other prepaid-tuition and savings programs and distribute it in Department publications to States, eligible institutions, students, and parents. (3) To the extent practicable, the Secretary must update the Department’s Internet site with direct links to databases containing public and private financial-assistance information. The links may be to databases accessible without charge. The Secretary must make reasonable efforts to check that linked databases do not provide fraudulent information. Next to each link, the Secretary must prominently place a disclaimer saying that the link does not endorse or recommend the database, its provider, or the provider’s services or products. The Secretary must also provide links to resources about fraudulent and deceptive student-aid services. (4) The Secretary must widely publicize where the paragraph (1) information is located to the public, eligible institutions, and eligible lenders, and promote its use by prospective and enrolled students, their families, and borrowers.
(e) Disclosures about athletically related student aid. (1) Each institution in a program under this subchapter that is attended by students receiving athletically related student aid must annually send the Secretary a report containing: (A) the number of aid recipients, by race and sex, in basketball, football, baseball, cross country/track, and all other sports together; (B) the institution’s number of students, by race and sex; (C) the completion or graduation rate of aid recipients, by race and sex, in those sports categories; (D) the institution-wide completion or graduation rate, by race and sex; (E) the average rate for the four most recent completing or graduating classes of aid recipients, by race and sex, in those sports categories; and (F) the average rate for those four classes institution-wide, by race and sex. (2) When offering aid to a potential student athlete, the institution must give the student, the student’s parents, guidance counselor, and coach the paragraph (1) report. If the institution belongs to a national collegiate athletic association that compiles substantially comparable data, as determined by the Secretary, distributing that compilation to all secondary schools in the United States satisfies the duty to give it to the counselor and coach. (3) The institution may exclude from paragraphs (1) and (2) rates for students or athletes who leave for the Armed Forces, official church missions, or recognized Federal foreign-aid service. If those students are at least 20 percent of full-time undergraduate certificate- or degree-seeking students, it may calculate their rates without counting the time they were not enrolled because of that service. (4) The institution may give students and the Secretary supplemental rates that include students transferring into and out of the institution. (5) Using these reports, the Secretary must compile and publish the required information by individual institution and by athletic conferences recognized by the National Collegiate Athletic Association and the National Association of Intercollegiate Athletics. (6) The Secretary must waive this subsection for an institution whose athletic association or conference has voluntarily published, or agreed to publish, substantially comparable data. (7) With the National Junior College Athletic Association, the Secretary must develop and obtain, as practicable, completion or graduation data from two-year colleges awarding athletic aid, consistent with this section. (8) “Athletically related student aid” means a scholarship, grant, or other financial assistance whose terms require participation in intercollegiate athletics to receive it. (9) Reports are due each July 1 and cover the one-year period ending August 31 of the preceding year.
(f) Campus security policy and crime statistics. (1) Each eligible institution in a program under this subchapter, other than a foreign institution, must begin collecting the listed information on August 1, 1991. Beginning September 1, 1992, and every year after that, it must prepare, publish, and distribute an annual security report to current students and employees and, on request, enrollment or employment applicants. The report must include: (A) current policies and procedures and facilities for reporting campus crimes or emergencies and the institution’s response; (B) policies on security and access to campus facilities, including residences, and security considerations in maintaining them; (C) campus-law-enforcement policies, including (i) campus security personnel’s law-enforcement authority, (ii) their working relationship with State and local agencies, including investigation agreements such as written memoranda of understanding, and (iii) policies encouraging accurate and prompt reports to campus police and appropriate agencies when a victim chooses or cannot report; (D) programs explaining campus-security procedures and practices and encouraging students and employees to protect themselves and others; (E) crime-prevention programs; (F) statistics for the most recent calendar year and the two preceding available years, for campus, noncampus buildings or property, and public property, concerning (i) reported murder, forcible or nonforcible sex offenses, robbery, aggravated assault, burglary, motor-vehicle theft, manslaughter, and arson, and arrests or referrals for discipline for liquor-law, drug-related, and weapons violations; (ii) reported larceny-theft, simple assault, intimidation, property destruction, damage, or vandalism, and other bodily-injury crimes intentionally targeting a victim because of actual or perceived race, gender, religion, national origin, sexual orientation, gender identity, ethnicity, or disability*, categorized by prejudice; (iii) reported domestic violence, dating violence, and stalking; and (iv) reported hazing; (G) the policy on monitoring and recording, through local police, crime at recognized off-campus student organizations, including those with off-campus housing; (H) policies on possessing, using, and selling alcohol, enforcing State underage-drinking laws, possessing, using, and selling illegal drugs, enforcing Federal and State drug laws, and drug- or alcohol-abuse education required by section 1011i; (I) where the campus community can get State law-enforcement information about registered sex offenders, such as from the institution’s law-enforcement office, the local agency with campus jurisdiction, or a computer-network address; (J) emergency response and evacuation policies, including electronic or cellular communication when appropriate, with procedures to (i) immediately notify the campus community after confirming a significant emergency or dangerous situation posing an immediate health or safety threat, unless notice would compromise containment, (ii) publicize the procedures annually to reach students and staff, and (iii) test them annually; (K) policies on hazing as defined by the institution, how to report it, how it is investigated, and applicable local, State, and Tribal hazing laws; and (L) hazing-prevention and awareness policies describing research-informed campus-wide programs for students, staff, and faculty, including (i) the information in subparagraph (K) and (ii) primary prevention intended to stop hazing before it happens, which may include bystander-intervention skills, ethical-leadership information, and ways to build group unity without hazing. (2) This subsection does not authorize the Secretary to require particular campus-crime or security policies, procedures, or practices. (3) Each covered institution must promptly tell its campus community about reported crimes that may threaten students or employees. The notice must be timely, keep victims’ names confidential, and help prevent similar events. (4)(A) A covered institution with any police or security department must keep an understandable daily log of every crime reported to that department, including its nature, date, time, general location, and, if known, the complaint’s disposition. (B)(i) Unless law prohibits disclosure or disclosure would endanger victim confidentiality, each entry must be open for public inspection within two business days after the initial report to the department or a campus security authority. (ii) New information must be added within two business days after it becomes available. (iii) If clear and convincing evidence shows that release would jeopardize an ongoing investigation or someone’s safety, cause a suspect to flee or avoid detection, or destroy evidence, the information may be withheld until release is no longer likely to cause that harm. (5) Each year the institution must send the Secretary the paragraph (1)(F) statistics. The Secretary must review them and report campus-crime statistics to the authorizing committees by September 1, 2000; make the submitted statistics public; and, with institutional representatives, identify and distribute proven exemplary campus-security policies, procedures, and practices. (6)(A) In this subsection: (i) “Dating violence,” “domestic violence,” and “stalking” have the meanings given in section 12291(a) of title 34. This section does not define them. (ii) “Campus” means (I) buildings or property owned or controlled by an institution in the same reasonably contiguous geographic area and used to support or relate to its educational purposes, including residence halls, and (II) property in that area owned by the institution but controlled by another person, used by students, and supporting institutional purposes, such as a food or retail vendor. (iii) “Noncampus building or property” means (I) a building or property owned or controlled by a recognized student organization, or (II) an institution-owned or controlled building or property, other than a branch campus, used for educational purposes and by students but outside the same reasonably contiguous geographic area. (iv) “Public property” means public property in the same reasonably contiguous geographic area, such as an adjacent sidewalk, street, other thoroughfare, or parking facility, next to an institution-owned or controlled facility used for educational purposes. (v) “Sexual assault” means an offense classified as a forcible or nonforcible sex offense under the FBI uniform crime-reporting system. (vi) For reporting paragraph (1)(F)(iv), “hazing” means an intentional, knowing, or reckless act by one or more people against another person or people, whether or not they are willing to participate, that occurs during initiation into, affiliation with, or continued membership in a student organization and causes or creates a risk above the ordinary risk of participating in the institution or organization of physical or psychological injury, including (aa) whipping, beating, striking, electronic shocking, putting a harmful substance on someone’s body, or similar conduct; (bb) causing, forcing, or inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or similar conduct; (cc) causing, forcing, or inducing consumption of food, liquid, alcohol, drugs, or other substances; (dd) causing, forcing, or inducing sexual acts; (ee) conduct that reasonably makes another person fear bodily harm through threats or threatening conduct; (ff) conduct against another person that violates local, State, Tribal, or Federal criminal law; or (gg) inducing, causing, or requiring another person to perform a duty or task that violates such a criminal law. (vii) For reporting under paragraph (1)(F)(iv) and paragraph (9)(A), “student organization” means an institution organization, such as a club, society, association, varsity or junior-varsity team, club sports team, fraternity, sorority, band, or student government, with at least two enrolled student members, whether or not the institution established or recognizes it. This section does not otherwise define these terms. (B) Separate branch campuses, schools, or administrative divisions that are not in a reasonably contiguous geographic area count as separate campuses. (7) Clauses (i) and (ii) of paragraph (1)(F) statistics must use FBI and Department of Justice uniform crime-reporting definitions, including modifications under the Hate Crime Statistics Act. Domestic-violence, dating-violence, and stalking statistics must use section 12291(a) definitions. Each hazing incident must be counted separately using paragraph (6)(A)(vi). If the same person or people commit multiple hazing acts and the time and place gaps are insignificant, count them as one incident. Statistics may not identify victims or accused people. (8)(A) Each covered institution, other than a foreign institution, that participates in this subchapter and title IV of the Economic Opportunity Act of 1964 must include in its report a policy on (i) programs to prevent domestic violence, dating violence, sexual assault, and stalking and (ii) procedures after such an incident is reported, including the evidence standard for an institutional conduct proceeding. (B) The policy must address: (i) awareness education on rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, including (I) primary prevention and awareness for all incoming students and new employees, with (aa) a statement that the institution prohibits those offenses, (bb) applicable-jurisdiction definitions of domestic violence, dating violence, sexual assault, and stalking, (cc) the jurisdiction’s definition of consent for sexual activity, (dd) safe positive bystander options to prevent harm or intervene when another person faces such violence, (ee) risk-reduction information about warning signs and avoiding attacks, and (ff) the information in clauses (ii) through (vii), and (II) continuing prevention and awareness campaigns for students and faculty containing items (aa) through (ff); (ii) possible sanctions or protective measures after a final institutional disciplinary finding; (iii) procedures for victims after a sex offense or such violence, including written information on (I) preserving evidence for proving criminal conduct or obtaining a protection order, (II) whom to report to, (III) law-enforcement and campus-authority choices, including the choice to notify on-campus or local police, receive campus help notifying them, or decline to notify them, and (IV) where applicable, victim rights and institutional duties concerning protection, no-contact, restraining, or similar lawful orders from criminal, civil, or Tribal courts; (iv) disciplinary procedures for alleged domestic violence, dating violence, sexual assault, or stalking, clearly stating that (I) proceedings must have prompt, fair, impartial investigation and resolution by officials trained annually on these issues and on safe investigations and hearings that promote accountability, (II) accuser and accused have equal opportunities to have others present, including an adviser of choice at related meetings or proceedings, and (III) both must receive simultaneous written notice of (aa) the proceeding’s result, (bb) appeal procedures for the accused and victim, (cc) changes before the result is final, and (dd) when the result is final; (v) how victim confidentiality will be protected and public records kept without identifying the victim, as far as law permits; (vi) written notice to students and employees of on-campus and community counseling, health, mental-health, victim-advocacy, legal-assistance, and other services; and (vii) written notice to victims of options and available help for changing academic, living, transportation, or work arrangements if requested and reasonably available, whether or not the victim reports to police. (C) A student or employee who reports being a victim, whether the conduct occurred on or off campus, must receive a written explanation of the rights and choices in clauses (ii) through (vii). (9)(A) Each covered institution, other than a foreign institution, must create a Campus Hazing Transparency Report under its institutional hazing policy. It must, beginning July 1, 2025, collect hazing-incident information; within 12 months after December 23, 2024, make the report public on its website; and at least twice each year update it for the period since the last report with each incident involving an institution-established or institution-recognized student organization for which responsibility was found for a hazing violation. Each update must include (I) the organization’s name, (II) a general description of the violation, including whether alcohol or drugs were abused or illegally used, the institution’s findings, and sanctions, if any, and (III) the dates of (aa) the alleged incident, (bb) the start of the investigation, (cc) the finding that hazing occurred, and (dd) notice to the organization that the incident was a hazing violation. (B) The report may use information in another institutional report if it meets these requirements and may add information the institution considers necessary or State law requires. (C) It may not include personally identifiable information, or information that would reveal it, about an individual student under section 444 of the General Education Provisions Act. (D) It must be prominently posted on the institution’s public website and include (i) notice that annual hazing statistics are available under paragraph (1)(F), with a link, (ii) the institution’s hazing policies and applicable local, State, and Tribal hazing laws, and (iii) each required update, kept for five calendar years after publication. (E) The institution may explain the purposes of and differences between the paragraph (1)(F) report and this report. (F) The campus definition in paragraph (6)(A)(ii) does not apply to this paragraph. (G) An institution need not create the report until it has a hazing violation finding, and need not update it for a period with no such finding. (10) At an institution’s request, the Secretary, consulting the Attorney General, must provide technical help with this section. (11) This section does not require reporting or disclosure of privileged information. (12) The Secretary must report to the appropriate congressional committees each institution the Secretary finds is not complying with this subsection’s reporting requirements. (13) Crime statistics must separately identify crimes on campus, in or on noncampus buildings or property, on public property, and in campus dormitories or other student residences. (14) If, under section 1094(c)(3)(B), the Secretary finds that an institution substantially misrepresented the number, location, or nature of required crimes, the Secretary must impose a civil penalty in the same amount and through the same procedures used under that section. (15)(A) This subsection does not create a civil-liability cause of action against an institution or its employee and does not establish a standard of care. (B) Evidence of compliance or noncompliance is not admissible in a court, agency, board, or other proceeding, except an action enforcing this subsection. (16) The Secretary must annually report to the authorizing committees on institutional compliance, including current monitoring information. (17) The Secretary must seek the Attorney General’s advice on developing and distributing campus-safety and emergency best practices. The Secretary must seek the Attorney General’s and Secretary of Health and Human Services’ advice on best practices for preventing and responding to domestic violence, dating violence, sexual assault, and stalking, including policy elements shown by evidence-based outcome measures to work. (18) An institution officer, employee, or agent may not retaliate, intimidate, threaten, coerce, or discriminate against a person for exercising rights or responsibilities under this subsection. (19) This subsection may be cited as the “Jeanne Clery Campus Safety Act.”
(g) Required athletics data. (1) Each coeducational institution in a program under this subchapter that has intercollegiate athletics must annually prepare a report for the immediately preceding academic year containing: (A) the number of male and female full-time undergraduates; (B) each varsity team that competed and, for each team, (i) total participants on the day of its first scheduled contest, (ii) total operating expenses attributable to the teams, with optional per-person reporting and combined reporting for closely related sports such as track and field or swimming and diving, but separate reporting for men’s and women’s teams, (iii) whether the head coach is male or female and full or part time, treating graduate assistants and volunteers who are head coaches as head coaches, and (iv) the numbers of male and female assistant coaches and whether each is full or part time, treating graduate assistants and volunteers who are assistant coaches as assistant coaches; (C) total athletically related student aid, including waived educational expenses, separately overall for men’s and women’s teams; (D) the ratio of aid awarded to male athletes to aid awarded to female athletes; (E) total recruiting expenses separately for men’s and women’s teams; (F) total annual revenue from all men’s teams and all women’s teams, with optional team-by-team reporting; (G) average annual institutional salary of men’s head coaches and women’s head coaches across all sports; (H) average annual institutional salary of men’s assistant coaches and women’s assistant coaches across all sports; (I)(i) total athletics revenue and revenue from football, men’s basketball, women’s basketball, all other men’s sports combined, and all other women’s sports combined, derived by the institution from intercollegiate athletics, and (ii) sport-allocable revenue includes, without limitation, gate receipts, broadcasts, appearance guarantees and options, concessions, and advertising, while nonallocable items such as student-activity fees and alumni contributions count only in total revenue; and (J)(i) total athletics expenses and expenses for those same sport categories, and (ii) sport-allocable expenses include, without limitation, grants-in-aid, salaries, travel, equipment, and supplies, while nonallocable general and administrative overhead counts only in total expenses. (2) If a coach has more than one team and the institution does not assign salary by team, it should divide the salary by the number of teams and allocate it consistently with the coach’s responsibilities. (3) The institution must provide the report information on request to students and potential students and to the public, and must tell all students they may request it. (4)(A) Each year, within 15 days after making the report available, the institution must send the information to the Secretary. (B) The Secretary must make the reports public within a reasonable time. (C) Within 180 days after October 7, 1998, the Secretary had to notify all secondary schools in all States that the information was available and explain how to access it. (5) “Operating expenses” means spending on lodging and meals, transportation, officials, uniforms, and equipment.
(h) Transfer-of-credit policies. (1) Each institution must publicly disclose, in a readable and understandable way, its current transfer-of-credit policies, including (A) established criteria for transferring credit earned at another higher-education institution and (B) a list of institutions with which it has an articulation agreement. (2) This subsection does not authorize the Secretary or the National Advisory Committee on Institutional Quality and Integrity to require particular transfer policies, procedures, or practices; authorize Department officers or employees to direct, supervise, or control an institution’s curriculum, instruction, administration, or personnel, or an accrediting agency or association; limit the General Education Provisions Act; or create an enforceable student right to require acceptance of transfer credit.
(i) Fire-safety disclosures. (1) An eligible institution in a program under this subchapter that maintains on-campus student housing must publish an annual fire-safety report about its campus fire-safety practices and standards. The report must include, for each on-campus housing facility and the most recent available calendar years: (A) the number and causes of fires, fire-related injuries treated at a medical facility, fire-related deaths, and fire property damage; (B) each housing facility’s fire-safety system, including sprinklers; (C) the number of regular mandatory supervised fire drills; (D) rules on portable electrical appliances, smoking, and open flames such as candles, evacuation procedures, and fire-safety education and training for students, faculty, and staff; and (E) future fire-safety improvements if the institution decides they are necessary. (2) Each such institution must annually send the Secretary the paragraph (1)(A) statistics. (3) It must keep a log of every housing-facility fire stating its nature, date, time, and general location, and must report those fires annually to the campus community. (4) The Secretary must make submitted statistics public. With nationally recognized fire organizations, higher-education representatives, associations, and organizations representing or housing many students, the Secretary must identify exemplary fire-safety policies, procedures, programs, and practices, including National Fire Protection Association technical-standard installation of detection, prevention, and protection technology; give those examples to the United States Fire Administration Administrator; make effective fire-reduction practices public; and develop a protocol for institutions to review their fire-safety systems. (5) This subsection does not authorize the Secretary to require fire-safety policies beyond collecting, reporting, and distributing the required information; affect section 444 of the General Education Provisions Act or HIPAA regulations under section 264 of the Health Insurance Portability and Accountability Act; create civil liability against an institution or employee; or establish a standard of care. (6) The Secretary must annually report institutional compliance to the authorizing committees, including current monitoring. (7) Evidence of compliance or noncompliance is inadmissible in any court, agency, board, or other proceeding except an action enforcing this subsection.
(j) Missing-person procedures. (1) Each institution that provides on-campus housing and participates in a program under this subchapter must establish a missing-student policy for residents that (A) tells each resident that the resident may name a person for the institution to contact within 24 hours after the resident is determined missing under the official procedures; provides a way to register confidential contact information if the resident is missing more than 24 hours; tells a resident under 18 who is not emancipated that the institution must notify a custodial parent or guardian within 24 hours after the determination; tells residents that the institution will notify the appropriate law-enforcement agency within 24 hours; and requires the institution, after campus security or law enforcement is notified and determines the resident has been missing more than 24 hours and has not returned, to start emergency-contact procedures according to the resident’s designation. It must also (B) establish official procedures that include notice to appropriate institutional people that the resident has been missing more than 24 hours; immediately refer an official missing-person report to institutional police or campus security; and, if that department determines after investigation that the resident has been missing more than 24 hours, require (I) contact with the person the resident named, (II) immediate contact with the custodial parent or legal guardian if the resident is under 18 and not emancipated, and (III), if neither (I) nor (II) applies, notice to the appropriate law-enforcement agency. (2) This subsection does not create a private right of action or a civil-liability cause of action against an institution or employee.
(k) Repealed. The subsection was repealed by Public Law 116–260, division FF, title VII, section 702(n)(1)(C), on December 27, 2020, 134 Stat. 3186.
(l) Entrance counseling for borrowers. (1)(A) At or before disbursing a part B loan to a first-time borrower, except a section 1078–3 loan or a loan made on behalf of a student under section 1078–2, or a part D loan, except a Federal Direct Consolidation Loan or Federal Direct PLUS loan made on behalf of a student, each eligible institution must ensure that the borrower receives comprehensive, simple, understandable information about the loan’s terms and conditions and the borrower’s responsibilities, as described in paragraph (2). The information may be provided (i) in person during entrance counseling, (ii) on a separate written form the borrower signs and returns, or (iii) online with the borrower acknowledging receipt. (B) The Secretary must encourage interactive programs that test understanding of part B or D loan terms using simple language and clear formatting. (2) The information must include: (A) when practicable, how accepting the loan may affect eligibility for other aid; (B) how the master promissory note is used; (C) how interest accrues and is capitalized when neither borrower nor Secretary pays it; (D) for loans under sections 1078–2 or 1078–8, Federal Direct PLUS Loans, or Federal Direct Unsubsidized Stafford Loans, the borrower’s option to pay interest while in school; (E) the institution’s definition of half-time enrollment during regular terms and summer school, if applicable, and consequences of failing to remain half time; (F) why a borrower who withdraws before completing the program should contact the institution’s appropriate offices so it can provide exit counseling, including repayment and consolidation information; (G) sample monthly payments based on (i) different debt levels for section 1078 or 1078–8 borrowers and, when appropriate, graduate borrowers under sections 1078, 1078–2, or 1078–8, or (ii) the average cumulative debt of other borrowers in the same program at the same institution; (H) the duty to repay the full loan whether or not the borrower completes the program within its normal completion time; (I) likely default consequences, including adverse credit reports, Federal delinquent-debt collection, and litigation; (J) the National Student Loan Data System and how to access the borrower’s records; and (K) the name and contact information of the person the borrower may contact about rights, responsibilities, or loan terms.
(m) Reimbursements for advisory-board service. (1) Each institution participating in a program under this subchapter must annually report to the Secretary any reasonable expenses paid or provided under section 1650(d) of title 15 to an employee in the financial-aid office or an employee who otherwise handles the institution’s education loans or other financial aid. The report must state (A) the amount for each specific expense, (B) the name of the financial-aid official, other employee, or agent receiving it, (C) the activity dates, and (D) a short description of the activity. (2) The Secretary must summarize the reports and annually send the summary to the authorizing committees.
Each eligible institution participating in any program under this subchapter shall carry out information dissemination activities for prospective and enrolled students (including those attending or planning to attend less than full time) regarding the institution and all financial assistance under this subchapter. The information required by this section shall be produced and be made readily available upon request, through appropriate publications, mailings, and electronic media, to an enrolled student and to any prospective student. Each eligible institution shall, on an annual basis, provide to all enrolled students a list of the information that is required to be provided by institutions to students by this section and section 444 of the General Education Provisions Act [20 U.S.C. 1232g] (commonly known as the “Family Educational Rights and Privacy Act of 1974”), together with a statement of the procedures required to obtain such information. The information required by this section shall accurately describe—
the student financial assistance programs available to students who enroll at such institution;
the methods by which such assistance is distributed among student recipients who enroll at such institution;
any means, including forms, by which application for student financial assistance is made and requirements for accurately preparing such application;
the rights and responsibilities of students receiving financial assistance under this subchapter;
the cost of attending the institution, including (i) tuition and fees, (ii) books and supplies, (iii) estimates of typical student room and board costs or typical commuting costs, and (iv) any additional cost of the program in which the student is enrolled or expresses a specific interest;
a statement of—
the requirements of any refund policy with which the institution is required to comply;
the requirements under section 1091b of this title for the return of grant or loan assistance provided under this subchapter; and
the requirements for officially withdrawing from the institution;
the academic program of the institution, including (i) the current degree programs and other educational and training programs, (ii) the instructional, laboratory, and other physical plant facilities which relate to the academic program, (iii) the faculty and other instructional personnel, and (iv) any plans by the institution for improving the academic program of the institution;
each person designated under subsection (c) of this section, and the methods by which and locations in which any person so designated may be contacted by students and prospective students who are seeking information required by this subsection;
special facilities and services available to students with disabilities;
the names of associations, agencies, or governmental bodies which accredit, approve, or license the institution and its programs, and the procedures under which any current or prospective student may obtain or review upon request a copy of the documents describing the institution’s accreditation, approval, or licensing;
the standards which the student must maintain in order to be considered to be making satisfactory progress, pursuant to section 1091(a)(2) of this title;
the completion or graduation rate of certificate- or degree-seeking, full-time, undergraduate students entering such institutions;
the terms and conditions of the loans that students receive under parts B, D, and E;
that enrollment in a program of study abroad approved for credit by the home institution may be considered enrollment in the home institution for purposes of applying for Federal student financial assistance;
the campus crime report prepared by the institution pursuant to subsection (f), including all required reporting categories;
institutional policies and sanctions related to copyright infringement, including—
an annual disclosure that explicitly informs students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities;
a summary of the penalties for violation of Federal copyright laws; and
a description of the institution’s policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in unauthorized distribution of copyrighted materials using the institution’s information technology system;
student body diversity at the institution, including information on the percentage of enrolled, full-time students who—
are male;
are female;
receive a Federal Pell Grant; and
are a self-identified member of a major racial or ethnic group;
the placement in employment of, and types of employment obtained by, graduates of the institution’s degree or certificate programs, gathered from such sources as alumni surveys, student satisfaction surveys, the National Survey of Student Engagement, the Community College Survey of Student Engagement, State* data systems, or other relevant sources;
the types of graduate and professional education in which graduates of the institution’s four-year degree programs enrolled, gathered from such sources as alumni surveys, student satisfaction surveys, the National Survey of Student Engagement, State data systems, or other relevant sources;
the fire safety report prepared by the institution pursuant to subsection (i);
the retention rate of certificate- or degree-seeking, first-time, full-time, undergraduate students entering such institution; and
institutional policies regarding vaccinations.
For the purpose of this section, the term “prospective student” means any individual who has contacted an eligible institution requesting information concerning admission to that institution.
In calculating the completion or graduation rate under subparagraph (L) of paragraph (1) of this subsection or under subsection (e), a student shall be counted as a completion or graduation if, within 150 percent of the normal time for completion of or graduation from the program, the student has completed or graduated from the program, or enrolled in any program of an eligible institution for which the prior program provides substantial preparation. The information required to be disclosed under such subparagraph—
shall be made available by July 1 each year to enrolled students and prospective students prior to the students enrolling or entering into any financial obligation; and
shall cover the one-year period ending on August 31 of the preceding year.
For purposes of this section, institutions may—
exclude from the information disclosed in accordance with subparagraph (L) of paragraph (1) the completion or graduation rates of students who leave school to serve in the Armed Forces, on official church missions, or with a recognized foreign aid service of the Federal Government; or
in cases where the students described in subparagraph (A) represent 20 percent or more of the certificate- or degree-seeking, full-time, undergraduate students at the institution, recalculate the completion or graduation rates of such students by excluding from the calculation described in paragraph (3) the time period during which such students were not enrolled due to their service in the Armed Forces, on official church missions, or with a recognized foreign aid service of the Federal Government.
The Secretary* shall permit any institution of higher education* that is a member of an athletic association or athletic conference that has voluntarily published completion or graduation rate data or has agreed to publish data that, in the opinion of the Secretary, is substantially comparable to the information required under this subsection, to use such data to satisfy the requirements of this subsection.
Each institution may provide supplemental information to enrolled and prospective students showing the completion or graduation rate for students described in paragraph (4) or for students transferring into the institution or information showing the rate at which students transfer out of the institution.
Subject to clause (ii), the information disseminated under paragraph (1)(L), or reported under subsection (e), shall be disaggregated by gender, by each major racial and ethnic subgroup, by recipients of a Federal Pell Grant, by recipients of a loan made under part B or D (other than a loan made under section 1078–8 of this title or a Federal Direct Unsubsidized Stafford Loan) who did not receive a Federal Pell Grant, and by recipients of neither a Federal Pell Grant nor a loan made under part B or D (other than a loan made under section 1078–8 of this title or a Federal Direct Unsubsidized Stafford Loan), if the number of students in such subgroup or with such status is sufficient to yield statistically reliable information and reporting will not reveal personally identifiable information about an individual student. If such number is not sufficient for such purposes, then the institution shall note that the institution enrolled too few of such students to so disclose or report with confidence and confidentiality.
The requirements of clause (i) shall not apply to two-year, degree-granting institutions of higher education until academic year 2011-2012.
In order to assist two-year degree-granting institutions of higher education in meeting the requirements of paragraph (1)(L) and subsection (e), the Secretary, in consultation with the Commissioner for Education Statistics, shall, not later than 90 days after August 14, 2008, convene a group of representatives from diverse institutions of higher education, experts in the field of higher education policy, state 1 higher education officials, students, and other stakeholders in the higher education community, to develop recommendations regarding the accurate calculation and reporting of the information required to be disseminated or reported under paragraph (1)(L) and subsection (e) by two-year, degree-granting institutions of higher education. In developing such recommendations, the group of representatives shall consider the mission and role of two-year degree-granting institutions of higher education, and may recommend additional or alternative measures of student success for such institutions in light of the mission and role of such institutions.
The Secretary shall widely disseminate the recommendations required under this subparagraph to two-year, degree-granting institutions of higher education, the public, and the authorizing committees* not later than 18 months after the first meeting of the group of representatives convened under clause (i).
The Secretary shall use the recommendations from the group of representatives convened under clause (i) to provide technical assistance to two-year, degree-granting institutions of higher education in meeting the requirements of paragraph (1)(L) and subsection (e).
The Secretary may modify the information required to be disseminated or reported under paragraph (1)(L) or subsection (e) by a two-year, degree-granting institution of higher education—
based on the recommendations received under this subparagraph from the group of representatives convened under clause (i);
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
during the period beginning on August 14, 2008, and ending on June 30, 2011.
Each eligible institution shall, through financial aid offices or otherwise, provide counseling to borrowers of loans that are made, insured, or guaranteed under part B (other than loans made pursuant to section 1078–3 of this title or loans under section 1078–2 of this title made on behalf of a student) or made under part D (other than Federal Direct Consolidation Loans or Federal Direct PLUS Loans made on behalf of a student) or made under part E of this subchapter prior to the completion of the course of study for which the borrower enrolled at the institution or at the time of departure from such institution. The counseling required by this subsection shall include—
information on the repayment plans available, including a description of the different features of each plan and sample information showing the average anticipated monthly payments, and the difference in interest paid and total payments, under each plan;
debt management strategies that are designed to facilitate the repayment of such indebtedness;
an explanation that the borrower has the options to prepay each loan, pay each loan on a shorter schedule, and change repayment plans;
for any loan forgiveness or cancellation provision of this subchapter, a general description of the terms and conditions under which the borrower may obtain full or partial forgiveness or cancellation of the principal and interest, and a copy of the information provided by the Secretary under section 1092(d) of this title;
for any forbearance provision of this subchapter, a general description of the terms and conditions under which the borrower may defer repayment of principal or interest or be granted forbearance, and a copy of the information provided by the Secretary under section 1092(d) of this title;
the consequences of defaulting on a loan, including adverse credit reports, delinquent debt collection procedures under Federal law, and litigation;
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—
the effects of consolidation on total interest to be paid, fees to be paid, and length of repayment;
the effects of consolidation on a borrower’s underlying loan benefits, including grace periods, loan forgiveness, cancellation, and deferment opportunities;
the option of the borrower to prepay the loan or to change repayment plans; and
that borrower benefit programs may vary among different lenders;
a general description of the types of tax benefits that may be available to borrowers;
a notice to borrowers about the availability of the National Student Loan Data System and how the system can be used by a borrower to obtain information on the status of the borrower’s loans; and
an explanation that—
the borrower may be contacted during the repayment period by third-party student debt relief companies;
the borrower should use caution when dealing with those companies; and
the services that those companies typically provide are already offered to borrowers free of charge through the Department* or the borrower’s servicer; and
In the case of borrower who leaves an institution without the prior knowledge of the institution, the institution shall attempt to provide the information described in subparagraph (A) to the student in writing.
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—
the borrower’s expected permanent address after leaving the institution (regardless of the reason for leaving);
the name and address of the borrower’s expected employer after leaving the institution;
the address of the borrower’s next of kin; and
any corrections in the institution’s records relating the borrower’s name, address, social security number, references, and driver’s license number.
The institution shall, within 60 days after the interview, forward any corrected or completed information received from the borrower to the guaranty agency indicated on the borrower’s student aid records.
Nothing in this subsection shall be construed to prohibit an institution of higher education from utilizing electronic means to provide personalized exit counseling.
Each eligible institution shall designate an employee or group of employees who shall be available on a full-time basis to assist students or potential students in obtaining information as specified in subsection (a). The Secretary may, by regulation, waive the requirement that an employee or employees be available on a full-time basis for carrying out responsibilities required under this section whenever an institution in which the total enrollment, or the portion of the enrollment participating in programs under this subchapter at that institution, is too small to necessitate such employee or employees being available on a full-time basis. No such waiver may include permission to exempt any such institution from designating a specific individual or a group of individuals to carry out the provisions of this section.
The Secretary shall make available to eligible institutions, eligible lenders, and secondary schools descriptions of Federal student assistance programs including the rights and responsibilities of student and institutional participants, in order to (A) assist students in gaining information through institutional sources, and (B) assist institutions in carrying out the provisions of this section, so that individual and institutional participants will be fully aware of their rights and responsibilities under such programs. In particular, such information shall include information to enable students and prospective students to assess the debt burden and monthly and total repayment obligations that will be incurred as a result of receiving loans of varying amounts under this subchapter. Such information shall also include information on the various payment options available for student loans, including income-sensitive and income-based repayment plans for loans made, insured, or guaranteed under part B and income-contingent and income-based repayment plans for loans made under part D. In addition, such information shall include information to enable borrowers to assess the practical consequences of loan consolidation, including differences in deferment eligibility, interest rates, monthly payments, and finance charges, and samples of loan consolidation profiles to illustrate such consequences. The Secretary shall provide information concerning the specific terms and conditions under which students may obtain partial or total cancellation or defer repayment of loans for service, shall indicate (in terms of the Federal minimum wage) the maximum level of compensation and allowances that a student borrower may receive from a tax-exempt organization to qualify for a deferment, and shall explicitly state that students may qualify for such partial cancellations or deferments when they serve as a paid employee of a tax-exempt organization. The Secretary shall also provide information on loan forbearance, including the increase in debt that results from capitalization of interest. Such information shall be provided by eligible institutions and eligible lenders at any time that information regarding loan availability is provided to any student.
The Secretary, to the extent the information is available, shall compile information describing State and other prepaid tuition programs and savings programs and disseminate such information to States, eligible institutions, students, and parents in departmental publications.
The Secretary, to the extent practicable, shall update the Department’s Internet site to include direct links to databases that contain information on public and private financial assistance programs. The Secretary shall only provide direct links to databases that can be accessed without charge and shall make reasonable efforts to verify that the databases included in a direct link are not providing fraudulent information. The Secretary shall prominently display adjacent to any such direct link a disclaimer indicating that a direct link to a database does not constitute an endorsement or recommendation of the database, the provider of the database, or any services or products of such provider. The Secretary shall provide additional direct links to information resources from which students may obtain information about fraudulent and deceptive practices in the provision of services related to student financial aid.
The Secretary shall widely publicize the location of the information described in paragraph (1) among the public, eligible institutions, and eligible lenders, and promote the use of such information by prospective students, enrolled students, families of prospective and enrolled students, and borrowers.
Each institution of higher education which participates in any program under this subchapter and is attended by students receiving athletically related student aid shall annually submit a report to the Secretary which contains—
the number of students at the institution of higher education who received athletically related student aid broken down by race and sex in the following sports: basketball, football, baseball, cross country/track, and all other sports combined;
the number of students at the institution of higher education, broken down by race and sex;
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;
the completion or graduation rate for students at the institution of higher education, broken down by race and sex;
the average completion or graduation rate for the 4 most recent completing or graduating classes of students at the institution of higher education who received athletically related student aid broken down by race and sex in the following categories: basketball, football, baseball, cross country/track, and all other sports combined; and
the average completion or graduation rate for the 4 most recent completing or graduating classes of students at the institution of higher education broken down by race and sex.
When an institution described in paragraph (1) of this subsection offers a potential student athlete athletically related student aid, such institution shall provide to the student and the student’s parents, guidance counselor, and coach the information contained in the report submitted by such institution pursuant to paragraph (1). If the institution is a member of a national collegiate athletic association that compiles graduation rate data on behalf of the association’s member institutions that the Secretary determines is substantially comparable to the information described in paragraph (1), the distribution of the compilation of such data to all secondary schools in the United States shall fulfill the responsibility of the institution to provide information to a prospective student athlete’s guidance counselor and coach.
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 Forces, on official church missions, or with a recognized foreign aid service of the Federal Government; or
in cases where the students described in subparagraph (A) represent 20 percent or more of the certificate- or degree-seeking, full-time, undergraduate students at the institution, calculate the completion or graduation rates of such students by excluding from the calculations described in paragraph (1) the time period during which such students were not enrolled due to their service in the Armed Forces, on official church missions, or with a recognized foreign aid service of the Federal Government.
Each institution of higher education described in paragraph (1) may provide supplemental information to students and the Secretary showing the completion or graduation rate when such completion or graduation rate includes students transferring into and out of such institution.
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—
individual institutions of higher education; and
athletic conferences recognized by the National Collegiate Athletic Association and the National Association of Intercollegiate Athletics.
The Secretary shall waive the requirements of this subsection for any institution of higher education that is a member of an athletic association or athletic conference that has voluntarily published completion or graduation rate data or has agreed to publish data that, in the opinion of the Secretary, is substantially comparable to the information required under this subsection.
The Secretary, in conjunction with the National Junior College Athletic Association, shall develop and obtain data on completion or graduation rates from two-year colleges that award athletically related student aid. Such data shall, to the extent practicable, be consistent with the reporting requirements set forth in this section.
For purposes of this subsection, the term “athletically related student aid” means any scholarship, grant, or other form of financial assistance the terms of which require the recipient to participate in a program of intercollegiate athletics at an institution of higher education in order to be eligible to receive such assistance.
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.
Each eligible institution participating in any program under this subchapter, other than a foreign institution of higher education, shall on August 1, 1991, begin to collect the following information with respect to campus crime statistics and campus security policies of that institution, and beginning September 1, 1992, and each year thereafter, prepare, publish, and distribute, through appropriate publications or mailings, to all current students and employees, and to any applicant for enrollment or employment upon request, an annual security report containing at least the following information with respect to the campus security policies and campus crime statistics of that institution:
A statement of current campus policies regarding procedures and facilities for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution’s response to such reports.
A statement of current policies concerning security and access to campus facilities, including campus residences, and security considerations used in the maintenance of campus facilities.
A statement of current policies concerning campus law enforcement, including—
the law enforcement authority of campus security personnel;
the working relationship of campus security personnel with State and local law enforcement agencies, including whether the institution has agreements with such agencies, such as written memoranda of understanding, for the investigation of alleged criminal offenses; and
policies which encourage accurate and prompt reporting of all crimes to the campus police and the appropriate law enforcement agencies, when the victim of such crime elects or is unable to make such a report.
A description of the type and frequency of programs designed to inform students and employees about campus security procedures and practices and to encourage students and employees to be responsible for their own security and the security of others.
A description of programs designed to inform students and employees about the prevention of crimes.
Statistics concerning the occurrence on campus, in or on noncampus buildings or property, and on public property during the most recent calendar year, and during the 2 preceding calendar years for which data are available—
of the following criminal offenses reported to campus security authorities or local police agencies:
murder;
sex offenses, forcible or nonforcible;
robbery;
aggravated assault;
burglary;
motor vehicle theft;
manslaughter;
arson;
arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession;
of the crimes described in subclauses (I) through (VIII) of clause (i), of larceny-theft, simple assault, intimidation, and destruction, damage, or vandalism of property, and of other crimes involving bodily injury to any person, in which the victim is intentionally selected because of the actual or perceived race, gender, religion, national origin, sexual orientation, gender identity,,2 ethnicity, or disability* of the victim that are reported to campus security authorities or local police agencies, which data shall be collected and reported according to category of prejudice;
of domestic violence, dating violence, and stalking incidents that were reported to campus security authorities or local police agencies; and
of hazing incidents that were reported to campus security authorities or local police agencies.
A statement of policy concerning the monitoring and recording through local police agencies of criminal activity at off-campus student organizations which are recognized by the institution and that are engaged in by students attending the institution, including those student organizations with off-campus housing facilities.
A statement of policy regarding the possession, use, and sale of alcoholic beverages and enforcement of State underage drinking laws and a statement of policy regarding the possession, use, and sale of illegal drugs and enforcement of Federal and State drug laws and a description of any drug or alcohol abuse education programs as required under section 1011i of this title.
A statement advising the campus community where law enforcement agency information provided by a State under section 14071(j) 3 of title 42, concerning registered sex offenders may be obtained, such as the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or a computer network address.
A statement of current campus policies regarding immediate emergency response and evacuation procedures, including the use of electronic and cellular communication (if appropriate), which policies shall include procedures to—
immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff occurring on the campus, as defined in paragraph (6), unless issuing a notification will compromise efforts to contain the emergency;
publicize emergency response and evacuation procedures on an annual basis in a manner designed to reach students and staff; and
test emergency response and evacuation procedures on an annual basis.
A statement of current policies relating to hazing (as defined by the institution), how to report incidents of such hazing, and the process used to investigate such incidents of hazing, and information on applicable local, State, and Tribal laws on hazing (as defined by such local, State, and Tribal laws).
A statement of policy regarding prevention and awareness programs related to hazing (as defined by the institution) that includes a description of research-informed campus-wide prevention programs designed to reach students, staff, and faculty, which includes—
the information referred to in subparagraph (K); and
primary prevention strategies intended to stop hazing before hazing occurs, which may include skill building for bystander intervention, information about ethical leadership, and the promotion of strategies for building group cohesion without hazing.
Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to campus crimes or campus security.
Each institution participating in any program under this subchapter, other than a foreign institution of higher education, shall make timely reports to the campus community on crimes considered to be a threat to other students and employees described in paragraph (1)(F) that are reported to campus security or local law police agencies. Such reports shall be provided to students and employees in a manner that is timely, that withholds the names of victims as confidential, and that will aid in the prevention of similar occurrences.
Each institution participating in any program under this subchapter, other than a foreign institution of higher education, that maintains a police or security department of any kind shall make, keep, and maintain a daily log, written in a form that can be easily understood, recording all crimes reported to such police or security department, including—
the nature, date, time, and general location of each crime; and
the disposition of the complaint, if known.
All entries that are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law or such disclosure would jeopardize the confidentiality of the victim, be open to public inspection within two business days of the initial report being made to the department or a campus security authority.
If new information about an entry into a log becomes available to a police or security department, then the new information shall be recorded in the log not later than two business days after the information becomes available to the police or security department.
If there is clear and convincing evidence that the release of such information would jeopardize an ongoing criminal investigation or the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence, such information may be withheld until that damage is no longer likely to occur from the release of such information.
On an annual basis, each institution participating in any program under this subchapter, other than a foreign institution of higher education, shall submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(F). The Secretary shall—
review such statistics and report to the authorizing committees on campus crime statistics by September 1, 2000;
make copies of the statistics submitted to the Secretary available to the public; and
in coordination with representatives of institutions of higher education, identify exemplary campus security policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus crime.
In this subsection:
The terms “dating violence”, “domestic violence”, and “stalking” have the meaning given such terms in section 12291(a) of title 34.
The term “campus” means—
any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and
property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).
The term “noncampus building or property” means—
any building or property owned or controlled by a student organization recognized by the institution; and
any building or property (other than a branch campus) owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution’s educational purposes, is used by students, and is not within the same reasonably contiguous geographic area of the institution.
The term “public property” means all public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution if the facility is used by the institution in direct support of, or in a manner related to the institution’s educational purposes.
The term “sexual assault” means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.
The term “hazing”, for purposes of reporting statistics on hazing incidents under paragraph (1)(F)(iv), means any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that—
is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and
causes or creates a risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury including—
whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity;
causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;
causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;
causing, coercing, or otherwise inducing another person to perform sexual acts;
any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;
any activity against another person that includes a criminal violation of local, State, Tribal, or Federal law; and
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.
The term “student organization”, for purposes of reporting under paragraph (1)(F)(iv) and paragraph (9)(A), means an organization at an institution of higher education (such as a club, society, association, varsity or junior varsity athletic team, club sports team, fraternity, sorority, band, or student government) in which two or more of the members are students enrolled at the institution of higher education, whether or not the organization is established or recognized by the institution.
In cases where branch campuses of an institution of higher education, schools within an institution of higher education, or administrative divisions within an institution are not within a reasonably contiguous geographic area, such entities shall be considered separate campuses for purposes of the reporting requirements of this section.
The statistics described in clauses (i) and (ii) of paragraph (1)(F) shall be compiled in accordance with the definitions used in the uniform crime reporting system of the Department of Justice, Federal Bureau of Investigation, and the modifications in such definitions as implemented pursuant to the Hate Crime Statistics Act. For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 12291(a) of title 34. For hazing incidents referred to in clause (iv) of paragraph (1)(F), such statistics shall be compiled per each single hazing incident and in accordance with the definition of the term “hazing” in paragraph (6)(A)(vi), and if the same person or persons commit more than one hazing act, and the time and place intervals separating each such act are insignificant, such acts shall be reported as a single hazing incident. Such statistics shall not identify victims of crimes or persons accused of crimes.
Each institution of higher education participating in any program under this subchapter and title IV of the Economic Opportunity Act of 1964,3 other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding—
such institution’s programs to prevent domestic violence, dating violence, sexual assault, and stalking; and
the procedures that such institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported, including a statement of the standard of evidence that will be used during any institutional conduct proceeding arising from such a report.
The policy described in subparagraph (A) shall address the following areas:
Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which shall include—
primary prevention and awareness programs for all incoming students and new employees, which shall include—
a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking;
the definition of domestic violence, dating violence, sexual assault, and stalking in the applicable jurisdiction;
the definition of consent, in reference to sexual activity, in the applicable jurisdiction;
safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual;
information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and
the information described in clauses (ii) through (vii); and
ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (ff) of subclause (I).
Possible sanctions or protective measures that such institution may impose following a final determination of an institutional disciplinary procedure regarding rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking.
Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about—
the importance of preserving evidence as may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order;
to whom the alleged offense should be reported;
options regarding law enforcement and campus authorities, including notification of the victim’s option to—
notify proper law enforcement authorities, including on-campus and local police;
be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and
decline to notify such authorities; and
where applicable, the rights of victims and the institution’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.
Procedures for institutional disciplinary action in cases of alleged domestic violence, dating violence, sexual assault, or stalking, which shall include a clear statement that—
such proceedings shall—
provide a prompt, fair, and impartial investigation and resolution; and
be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability;
the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and
both the accuser and the accused shall be simultaneously informed, in writing, of—
the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking;
the institution’s procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding;
of any change to the results that occurs prior to the time that such results become final; and
when such results become final.
Information about how the institution will protect the confidentiality of victims, including how publicly-available recordkeeping will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law.
Written notification of students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and in the community.
Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if so requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement.
A student or employee who reports to an institution of higher education that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking, whether the offense occurred on or off campus, shall be provided with a written explanation of the student or employee’s rights and options, as described in clauses (ii) through (vii) of subparagraph (B).
Each institution participating in any program under this subchapter, other than a foreign institution of higher education, shall develop, in accordance with the institution’s statement of policy relating to hazing under paragraph (1)(K), a report (which shall be referred to as the “Campus Hazing Transparency Report”) summarizing findings concerning any student organization (except that this shall only apply to student organizations that are established or recognized by the institution) found to be in violation of an institution’s standards of conduct relating to hazing, as defined by the institution, (hereinafter referred to in this paragraph as a “hazing violation”) that requires the institution to—
beginning July 1, 2025, collect information with respect to hazing incidents at the institution;
not later than 12 months after December 23, 2024, make the Campus Hazing Transparency Report publicly available on the public website of the institution; and
not less frequently than 2 times each year, update the Campus Hazing Transparency Report to include, for the period beginning on the date on which the Report was last published and ending on the date on which such update is submitted, each incident involving a student organization for which a finding of responsibility is issued relating to a hazing violation, including—
the name of such student organization;
a general description of the violation that resulted in a finding of responsibility, including whether the violation involved the abuse or illegal use of alcohol or drugs, the findings of the institution, and any sanctions placed on the student organization by the institution, as applicable; and
the dates on which—
the incident was alleged to have occurred;
the investigation into the incident was initiated;
the investigation ended with a finding that a hazing violation occurred; and
the institution provided notice to the student organization that the incident resulted in a hazing violation.
The Campus Hazing Transparency Report may include—
to satisfy the requirements of this paragraph, information that—
is included as part of a report published by the institution; and
meets the requirements of the Campus Hazing Transparency Report; and
any additional information—
determined by the institution to be necessary; or
reported as required by State law.
The Campus Hazing Transparency Report shall not include any personally identifiable information, including any information that would reveal personally identifiable information, about any individual student in accordance with section 444 of the General Education Provisions Act [20 U.S.C. 1232g] (commonly known as the “Family Educational Rights and Privacy Act of 1974”).
The institution shall publish, in a prominent location on the public website of the institution, the Campus Hazing Transparency Report, including—
a statement notifying the public of the annual availability of statistics on hazing pursuant to the report required under paragraph (1)(F), including a link to such report;
information about the institution’s policies relating to hazing under paragraph (1)(K) and applicable local, State, and Tribal laws on hazing; and
the information included in each update required under subparagraph (A)(iii), which shall be maintained for a period of 5 calendar years from the date of publication of such update.
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—
the report required under paragraph (1)(F); and
the Campus Hazing Transparency Report required under this paragraph.
For purposes of this paragraph, the definition of “campus” under paragraph (6)(A)(ii) shall not apply.
An institution described in subparagraph (A) is not required to—
develop the Campus Hazing Transparency Report under this subsection until such institution has a finding of a hazing violation; or
update the Campus Hazing Transparency Report in accordance with clause (iii) of subparagraph (A) for a period described in such clause if such institution does not have a finding of a hazing violation for such period.
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.
Nothing in this section shall be construed to require the reporting or disclosure of privileged information.
The Secretary shall report to the appropriate committees of Congress each institution of higher education that the Secretary determines is not in compliance with the reporting requirements of this subsection.
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—
on campus;
in or on a noncampus building or property;
on public property; and
in dormitories or other residential facilities for students on campus.
Upon a determination pursuant to section 1094(c)(3)(B) of this title that an institution of higher education has substantially misrepresented the number, location, or nature of the crimes required to be reported under this subsection, the Secretary shall impose a civil penalty upon the institution in the same amount and pursuant to the same procedures as a civil penalty is imposed under section 1094(c)(3)(B) of this title.
Nothing in this subsection may be construed to—
create a cause of action against any institution of higher education or any employee of such an institution for any civil liability; or
establish any standard of care.
Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with this subsection shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this subsection.
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.
The Secretary shall seek the advice and counsel of the Attorney General of the United States concerning the development, and dissemination to institutions of higher education, of best practices information about campus safety and emergencies.
The Secretary shall seek the advice and counsel of the Attorney General of the United States and the Secretary of Health and Human Services concerning the development, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence-based outcome measurements.
No officer, employee, or agent of an institution participating in any program under this subchapter shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection.
This subsection may be cited as the “Jeanne Clery Campus Safety Act”.
Each coeducational institution of higher education that participates in any program under this subchapter, and has an intercollegiate athletic program, shall annually, for the immediately preceding academic year, prepare a report that contains the following information regarding intercollegiate athletics:
The number of male and female full-time undergraduates that attended the institution.
A listing of the varsity teams that competed in intercollegiate athletic competition and for each such team the following data:
The total number of participants, by team, as of the day of the first scheduled contest for the team.
Total operating expenses attributable to such teams, except that an institution may also report such expenses on a per capita basis for each team and expenditures attributable to closely related teams such as track and field or swimming and diving, may be reported together, although such combinations shall be reported separately for men’s and women’s teams.
Whether the head coach is male or female and whether the head coach is assigned to that team on a full-time or part-time basis. Graduate assistants and volunteers who serve as head coaches shall be considered to be head coaches for the purposes of this clause.
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.
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.
The ratio of athletically related student aid awarded male athletes to athletically related student aid awarded female athletes.
The total amount of expenditures on recruiting, separately for men’s and women’s teams overall.
The total annual revenues generated across all men’s teams and across all women’s teams, except that an institution may also report such revenues by individual team.
The average annual institutional salary of the head coaches of men’s teams, across all offered sports, and the average annual institutional salary of the head coaches of women’s teams, across all offered sports.
The average annual institutional salary of the assistant coaches of men’s teams, across all offered sports, and the average annual institutional salary of the assistant coaches of women’s teams, across all offered sports.
The total revenues, and the revenues from football, men’s basketball, women’s basketball, all other men’s sports combined and all other women’s sports combined, derived by the institution from the institution’s intercollegiate athletics activities.
For the purpose of clause (i), revenues from intercollegiate athletics activities allocable to a sport shall include (without limitation) gate receipts, broadcast revenues, appearance guarantees and options, concessions, and advertising, but revenues such as student activities fees or alumni contributions not so allocable shall be included in the calculation of total revenues only.
The total expenses, and the expenses attributable to football, men’s basketball, women’s basketball, all other men’s sports combined, and all other women’s sports combined, made by the institution for the institution’s intercollegiate athletics activities.
For the purpose of clause (i), expenses for intercollegiate athletics activities allocable to a sport shall include (without limitation) grants-in-aid, salaries, travel, equipment, and supplies, but expenses such as general and administrative overhead not so allocable shall be included in the calculation of total expenses only.
For the purposes of paragraph (1)(G), if a coach has responsibilities for more than one team and the institution does not allocate such coach’s salary by team, the institution should divide the salary by the number of teams for which the coach has responsibility and allocate the salary among the teams on a basis consistent with the coach’s responsibilities for the different teams.
An institution of higher education described in paragraph (1) shall make available to students and potential students, upon request, and to the public, the information contained in the report described in paragraph (1), except that all students shall be informed of their right to request such information.
On an annual basis, each institution of higher education described in paragraph (1) shall provide to the Secretary, within 15 days of the date that the institution makes available the report under paragraph (1), the information contained in the report.
The Secretary shall ensure that the reports described in subparagraph (A) are made available to the public within a reasonable period of time.
Not later than 180 days after October 7, 1998, the Secretary shall notify all secondary schools in all States regarding the availability of the information made available under paragraph (1), and how such information may be accessed.
For the purposes of this subsection, the term “operating expenses” means expenditures on lodging and meals, transportation, officials, uniforms and equipment.
Each institution of higher education participating in any program under this subchapter shall publicly disclose, in a readable and comprehensible manner, the transfer of credit policies established by the institution which shall include a statement of the institution’s current transfer of credit policies that includes, at a minimum—
any established criteria the institution uses regarding the transfer of credit earned at another institution of higher education; and
a list of institutions of higher education with which the institution has established an articulation agreement.
Nothing in this subsection shall be construed to—
authorize the Secretary or the National Advisory Committee on Institutional Quality and Integrity to require particular policies, procedures, or practices by institutions of higher education with respect to transfer of credit;
authorize an officer or employee of the Department to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any institution of higher education, or over any accrediting agency or association;
limit the application of the General Education Provisions Act [20 U.S.C. 1221 et seq.]; or
create any legally enforceable right on the part of a student to require an institution of higher education to accept a transfer of credit from another institution.
Each eligible institution participating in any program under this subchapter that maintains on-campus student housing facilities shall, on an annual basis, publish a fire safety report, which shall contain information with respect to the campus fire safety practices and standards of that institution, including—
statistics concerning the following in each on-campus student housing facility during the most recent calendar years for which data are available:
the number of fires and the cause of each fire;
the number of injuries related to a fire that result in treatment at a medical facility;
the number of deaths related to a fire; and
the value of property damage caused by a fire;
a description of each on-campus student housing facility fire safety system, including the fire sprinkler system;
the number of regular mandatory supervised fire drills;
policies or rules on portable electrical appliances, smoking, and open flames (such as candles), procedures for evacuation, and policies regarding fire safety education and training programs provided to students, faculty, and staff; and
plans for future improvements in fire safety, if determined necessary by such institution.
Each institution described in paragraph (1) shall, on an annual basis, submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(A).
Each institution described in paragraph (1) shall—
make, keep, and maintain a log, recording all fires in on-campus student housing facilities, including the nature, date, time, and general location of each fire; and
make annual reports to the campus community on such fires.
The Secretary shall—
make the statistics submitted under paragraph (1)(A) to the Secretary available to the public; and
in coordination with nationally recognized fire organizations and representatives of institutions of higher education, representatives of associations of institutions of higher education, and other organizations that represent and house a significant number of students—
identify exemplary fire safety policies, procedures, programs, and practices, including the installation, to the technical standards of the National Fire Protection Association, of fire detection, prevention, and protection technologies in student housing, dormitories, and other buildings;
disseminate the exemplary policies, procedures, programs and practices described in clause (i) to the Administrator of the United States Fire Administration;
make available to the public information concerning those policies, procedures, programs, and practices that have proven effective in the reduction of fires; and
develop a protocol for institutions to review the status of their fire safety systems.
Nothing in this subsection shall be construed to—
authorize the Secretary to require particular policies, procedures, programs, or practices by institutions of higher education with respect to fire safety, other than with respect to the collection, reporting, and dissemination of information required by this subsection;
affect section 444 of the General Education Provisions Act [20 U.S.C. 1232g] (commonly known as the “Family Educational Rights and Privacy Act of 1974”) or the regulations issued under section 264 of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note);
create a cause of action against any institution of higher education or any employee of such an institution for any civil liability; or
establish any standard of care.
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.
Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with this subsection shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this subsection.
Each institution of higher education that provides on-campus housing and participates in any program under this subchapter shall—
establish a missing student notification policy for students who reside in on-campus housing that—
informs each such student that such student has the option to identify an individual to be contacted by the institution not later than 24 hours after the time that the student is determined missing in accordance with official notification procedures established by the institution under subparagraph (B);
provides each such student a means to register confidential contact information in the event that the student is determined to be missing for a period of more than 24 hours;
advises each such student who is under 18 years of age, and not an emancipated individual, that the institution is required to notify a custodial parent or guardian not later 24 hours after the time that the student is determined to be missing in accordance with such procedures;
informs each such residing student that the institution will notify the appropriate law enforcement agency not later than 24 hours after the time that the student is determined missing in accordance with such procedures; and
requires, if the campus security or law enforcement personnel has been notified and makes a determination that a student who is the subject of a missing person report has been missing for more than 24 hours and has not returned to the campus, the institution to initiate the emergency contact procedures in accordance with the student’s designation; and
establish official notification procedures for a missing student who resides in on-campus housing that—
includes procedures for official notification of appropriate individuals at the institution that such student has been missing for more than 24 hours;
requires any official missing person report relating to such student be referred immediately to the institution’s police or campus security department; and
if, on investigation of the official report, such department determines that the missing student has been missing for more than 24 hours, requires—
such department to contact the individual identified by such student under subparagraph (A)(i);
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
if subclauses (I) or (II) do not apply to a student determined to be a missing person, inform the appropriate law enforcement agency.
Nothing in this subsection shall be construed—
to provide a private right of action to any person to enforce any provision of this subsection; or
to create a cause of action against any institution of higher education or any employee of the institution for any civil liability.
Each eligible institution shall, at or prior to the time of a disbursement to a first-time borrower of a loan made, insured, or guaranteed under part B (other than a loan made pursuant to section 1078–3 of this title or a loan made on behalf of a student pursuant to section 1078–2 of this title) or made under part D (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student), ensure that the borrower receives comprehensive information on the terms and conditions of the loan and of the responsibilities the borrower has with respect to such loan in accordance with paragraph (2). Such information—
shall be provided in a simple and understandable manner; and
may be provided—
during an entrance counseling session conduction in person;
on a separate written form provided to the borrower that the borrower signs and returns to the institution; or
online, with the borrower acknowledging receipt of the information.
The Secretary shall encourage institutions to carry out the requirements of subparagraph (A) through the use of interactive programs that test the borrower’s understanding of the terms and conditions of the borrower’s loans under part B or D, using simple and understandable language and clear formatting.
The information to be provided to the borrower under paragraph (1)(A) shall include the following:
To the extent practicable, the effect of accepting the loan to be disbursed on the eligibility of the borrower for other forms of student financial assistance.
An explanation of the use of the master promissory note.
Information on how interest accrues and is capitalized during periods when the interest is not paid by either the borrower or the Secretary.
In the case of a loan made under section 1078–2 or 1078–8 of this title, a Federal Direct PLUS Loan, or a Federal Direct Unsubsidized Stafford Loan, the option of the borrower to pay the interest while the borrower is in school.
The definition of half-time enrollment at the institution, during regular terms and summer school, if applicable, and the consequences of not maintaining half-time enrollment.
An explanation of the importance of contacting the appropriate offices at the institution of higher education if the borrower withdraws prior to completing the borrower’s program of study so that the institution can provide exit counseling, including information regarding the borrower’s repayment options and loan consolidation.
Sample monthly repayment amounts based on—
a range of levels of indebtedness of—
borrowers of loans under section 1078 or 1078–8 of this title; and
as appropriate, graduate borrowers of loans under section 1078, 1078–2, or 1078–8 of this title; or
the average cumulative indebtedness of other borrowers in the same program as the borrower at the same institution.
The obligation of the borrower to repay the full amount of the loan, regardless of whether the borrower completes or does not complete the program in which the borrower is enrolled within the regular time for program completion.
The likely consequences of default on the loan, including adverse credit reports, delinquent debt collection procedures under Federal law, and litigation.
Information on the National Student Loan Data System and how the borrower can access the borrower’s records.
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.
Each institution of higher education participating in any program under this subchapter shall report, on an annual basis, to the Secretary, any reasonable expenses paid or provided under section 1650(d) of title 15 to any employee who is employed in the financial aid office of the institution, or who otherwise has responsibilities with respect to education loans or other financial aid of the institution. Such reports shall include—
the amount for each specific instance of reasonable expenses paid or provided;
the name of the financial aid official, other employee, or agent to whom the expenses were paid or provided;
the dates of the activity for which the expenses were paid or provided; and
a brief description of the activity for which the expenses were paid or provided.
The Secretary shall summarize the information received from institutions of higher education under paragraph (1) in a report and transmit such report annually to the authorizing committees.
Source credit: (Pub. L. 89–329, title IV, § 485, as added Pub. L. 99–498, title IV, § 407(a), Oct. 17, 1986, 100 Stat. 1482; amended Pub. L. 100–50, § 15(10), (11), June 3, 1987, 101 Stat. 357; Pub. L. 101–542, title I, §§ 103(a), (b), 104(a), title II, § 204(a), Nov. 8, 1990, 104 Stat. 2381–2385; Pub. L. 101–610, title II, §§ 201–203, Nov. 16, 1990, 104 Stat. 3171, 3172; Pub. L. 102–26, § 10(a)–(d), Apr. 9, 1991, 105 Stat. 128; Pub. L. 102–164, title VI, § 603, Nov. 15, 1991, 105 Stat. 1066; Pub. L. 102–325, title IV, § 486(a)–(c)(2), July 23, 1992, 106 Stat. 620, 621; Pub. L. 103–208, § 2(h)(28)–(37), (k)(9), Dec. 20, 1993, 107 Stat. 2477, 2486; Pub. L. 103–382, title III, § 360B(c), Oct. 20, 1994, 108 Stat. 3970; Pub. L. 104–208, div. A, title I, § 101(e) [title III, § 308], Sept. 30, 1996, 110 Stat. 3009–233, 3009–262; Pub. L. 105–18, title VI, § 60001(a), June 12, 1997, 111 Stat. 214; Pub. L. 105–244, title I, § 102(b)(3), title IV, § 486, Oct. 7, 1998, 112 Stat. 1622, 1741; Pub. L. 106–386, div. B, title VI, § 1601(c)(1), Oct. 28, 2000, 114 Stat. 1537; Pub. L. 110–315, title I, § 103(b)(11), title IV, § 488, title X, § 1011(c), Aug. 14, 2008, 122 Stat. 3090, 3293, 3482; Pub. L. 111–39, title IV, § 407(b)(5), July 1, 2009, 123 Stat. 1951; Pub. L. 113–4, title III, § 304(a), Mar. 7, 2013, 127 Stat. 89; Pub. L. 116–251, § 3, Dec. 22, 2020, 134 Stat. 1129; Pub. L. 116–260, div. FF, title VII, § 702(n)(1)(C), Dec. 27, 2020, 134 Stat. 3186; Pub. L. 118–173, §§ 2(a)(1), (2), (4)–(b), 3, 4, Dec. 23, 2024, 138 Stat. 2597–2599, 2601; Pub. L. 119–21, title VIII, § 82001(c)(2)(C), July 4, 2025, 139 Stat. 341.)
- 1986Enacted · Pub. L. 89-329 · 100 Stat. 1482
- 1987Amended · Pub. L. 100-50 · 101 Stat. 357
- 1990Amended · Pub. L. 101-542 · 104 Stat. 2381
- 1990Amended · Pub. L. 101-610 · 104 Stat. 3171, 3172
- 1991Amended · Pub. L. 102-26 · 105 Stat. 128
- 1991Amended · Pub. L. 102-164 · 105 Stat. 1066
- 1992Amended · Pub. L. 102-325 · 106 Stat. 620, 621
- 1993Amended · Pub. L. 103-208 · 107 Stat. 2477, 2486
- 1994Amended · Pub. L. 103-382 · 108 Stat. 3970
- 1996Amended · Pub. L. 104-208 · 110 Stat. 3009
- 1997Amended · Pub. L. 105-18 · 111 Stat. 214
- 1998Amended · Pub. L. 105-244 · 112 Stat. 1622, 1741
- 2000Amended · Pub. L. 106-386 · 114 Stat. 1537
- 2008Amended · Pub. L. 110-315 · 122 Stat. 3090, 3293, 3482
- 2009Amended · Pub. L. 111-39 · 123 Stat. 1951
- 2013Amended · Pub. L. 113-4 · 127 Stat. 89
- 2020Amended · Pub. L. 116-251 · 134 Stat. 1129
- 2020Amended · Pub. L. 116-260 · 134 Stat. 3186
- 2024Amended · Pub. L. 118-173 · 138 Stat. 2597
- 2025Amended · Pub. L. 119-21 · 139 Stat. 341
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-329 on 1986-10-17.
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