Pub. L. 118–173, § 2(a)(1), (2), (4)–(c),
(1) in paragraph (1)—
(A) in subparagraph (F)—
(i) in clause (i)(IX), by striking “and” after the semicolon;
(ii) in clause (ii), by striking “and” after the semicolon;
(iii) in clause (iii), by striking the period at the end and inserting “; and”; and
(iv) by adding at the end the following:
“(iv) of hazing incidents that were reported to campus security authorities or local police agencies.”; and
(B) by inserting after subparagraph (J) the following:
“(K) A statement of current policies relating to hazing (as defined by the institution), how to report incidents of such hazing, and the process used to investigate such incidents of hazing, and information on applicable local, State, and Tribal laws on hazing (as defined by such local, State, and Tribal laws).
“(L) A statement of policy regarding prevention and awareness programs related to hazing (as defined by the institution) that includes a description of research-informed campus-wide prevention programs designed to reach students, staff, and faculty, which includes—
“(i) the information referred to in subparagraph (K); and
“(ii) primary prevention strategies intended to stop hazing before hazing occurs, which may include skill building for bystander intervention, information about ethical leadership, and the promotion of strategies for building group cohesion without hazing.”;
(2) in paragraph (6)(A)—
(A) by adding at the end the following:
“(vi) The term ‘hazing’, for purposes of reporting statistics on hazing incidents under paragraph (1)(F)(iv), means any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that—
“(I) is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and
“(II) causes or creates a risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury including—
“(aa) whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity;
“(bb) causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;
“(cc) causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;
“(dd) causing, coercing, or otherwise inducing another person to perform sexual acts;
“(ee) any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;
“(ff) any activity against another person that includes a criminal violation of local, State, Tribal, or Federal law; and
“(gg) any activity that induces, causes, or requires another person to perform a duty or task that involves a criminal violation of local, State, Tribal, or Federal law.”; and
(B) by further adding at the end the following:
“(vii) The term ‘student organization’, for purposes of reporting under paragraph (1)(F)(iv) and paragraph (9)(A), means an organization at an institution of higher education (such as a club, society, association, varsity or junior varsity athletic team, club sports team, fraternity, sorority, band, or student government) in which two or more of the members are students enrolled at the institution of higher education, whether or not the organization is established or recognized by the institution.”; and
(3) in paragraph (7), by inserting after the second sentence the following: “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.”
See 2024 Amendment notes below.
Section 14071 of title 42, referred to in subsec. (f)(1)(I), was repealed by Pub. L. 109–248, title I, § 129(a),
The Hate Crime Statistics Act, referred to in subsec. (f)(7), is Pub. L. 101–275,
Title IV of the Economic Opportunity Act of 1964, referred to in subsec. (f)(8)(A), is title IV of Pub. L. 88–452, which was classified to subchapter IV (§ 2901 et seq.) of chapter 34 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 97–35, title VI, § 683(a),
The General Education Provisions Act, referred to in subsec. (h)(2)(C), is title IV of Pub. L. 90–247,
Section 264 of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (i)(5)(B), is section 264 of title II of Pub. L. 104–191,
A prior section 1092, Pub. L. 89–329, title IV, § 485, as added Pub. L. 96–374, title IV, § 451(a),
Another prior section 1092, Pub. L. 89–329, title V, § 508, formerly § 502,
2024—Subsec. (f)(1)(F)(iv). Pub. L. 118–173, § 2(a)(1), added cl. (iv).
Subsec. (f)(1)(K), (L). Pub. L. 118–173, § 2(b), added subpars. (K) and (L).
Subsec. (f)(6)(A)(vi). Pub. L. 118–173, § 2(a)(4), added cl. (vi).
Subsec. (f)(6)(A)(vii). Pub. L. 118–173, § 2(a)(5), added cl. (vii).
Subsec. (f)(7). Pub. L. 118–173, § 2(a)(2), inserted “For hazing incidents referred to in clause (iv) of paragraph (1)(F), such statistics shall be compiled per each single hazing incident and in accordance with the definition of the term ‘hazing’ in paragraph (6)(A)(vi), and if the same person or persons commit more than one hazing act, and the time and place intervals separating each such act are insignificant, such acts shall be reported as a single hazing incident.” before “Such statistics shall not identify”.
Subsec. (f)(9) to (18). Pub. L. 118–173, § 3, added par. (9) and redesignated former pars. (9) to (17) as (10) to (18), respectively. Former par. (18) redesignated (19).
Subsec. (f)(19). Pub. L. 118–173, § 4, substituted “Jeanne Clery Campus Safety Act” for “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act”.
Pub. L. 118–173, § 3, redesignated par. (18) as (19).
2020—Subsec. (b)(1)(A)(viii), (x). Pub. L. 116–251, which directed amendment of subsec. (b) of this section by striking out “and” after semicolon in cl. (viii) and adding cl. (x), was executed to subsec. (b)(1)(A) of this section to reflect the probable intent of Congress.
Subsec. (k). Pub. L. 116–260 struck out subsec. (k) which related to notice to students concerning penalties for drug violations.
2013—Subsec. (f)(1)(C)(iii). Pub. L. 113–4, § 304(a)(1)(A), substituted “, when the victim of such crime elects or is unable to make such a report.” for period at end.
Subsec. (f)(1)(F)(i)(VIII). Pub. L. 113–4, § 304(a)(1)(B)(i), struck out “and” after semicolon.
Subsec. (f)(1)(F)(ii). Pub. L. 113–4, § 304(a)(1)(B)(ii)(I), substituted “national origin, sexual orientation, gender identity,” for “sexual orientation”.
Subsec. (f)(1)(F)(iii). Pub. L. 113–4, § 304(a)(1)(B)(ii)(II), (iii), added cl. (iii).
Subsec. (f)(3). Pub. L. 113–4, § 304(a)(2), inserted “, that withholds the names of victims as confidential,” after “that is timely”.
Subsec. (f)(6)(A). Pub. L. 113–4, § 304(a)(3), added cls. (i) and (v) and redesignated former cls. (i) to (iii) as (ii) to (iv), respectively.
Subsec. (f)(7). Pub. L. 113–4, § 304(a)(4), substituted “clauses (i) and (ii) of paragraph (1)(F)” for “paragraph (1)(F)” and inserted “For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 13925(a) of title 42.” after “Hate Crime Statistics Act.”
Subsec. (f)(8). Pub. L. 113–4, § 304(a)(5), added par. (8) and struck out former par. (8) which related to development of statements of policy regarding campus sexual assault programs by institutions of higher education.
Subsec. (f)(9). Pub. L. 113–4, § 304(a)(6), substituted “The Secretary, in consultation with the Attorney General of the United States,” for “The Secretary”.
Subsec. (f)(16). Pub. L. 113–4, § 304(a)(7), added par. (16) and struck out former par. (16) which read as follows: “The Secretary may seek the advice and counsel of the Attorney General concerning the development, and dissemination to institutions of higher education, of best practices information about campus safety and emergencies.”
Subsec. (f)(17). Pub. L. 113–4, § 304(a)(8), added par. (17) and struck out former par. (17) which read as follows: “Nothing in this subsection shall be construed to permit an institution, or an officer, employee, or agent of an institution, participating in any program under this subchapter to retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual with respect to the implementation of any provision of this subsection.”
2009—Subsec. (a)(1). Pub. L. 111–39, § 407(b)(5)(A)(i)(I), substituted “commonly known as the ‘Family Educational Rights and Privacy Act of 1974’ ” for “also referred to as the Family Educational Rights and Privacy Act of 1974” in introductory provisions.
Subsec. (a)(1)(I). Pub. L. 111–39, § 407(b)(5)(A)(i)(II), substituted “students with disabilities” for “handicapped students”.
Subsec. (a)(4)(B). Pub. L. 111–39, § 407(b)(5)(A)(ii), inserted “during which” after “time period”.
Subsec. (a)(7)(B)(iv). Pub. L. 111–39, § 407(b)(5)(A)(iii), inserted “education” after “higher” in introductory provisions.
Subsec. (e)(3)(B). Pub. L. 111–39, § 407(b)(5)(B), inserted “during which” after “time period”.
Subsec. (f)(1). Pub. L. 111–39, § 407(b)(5)(C), inserted “of” after “foreign institution” in introductory provisions.
Subsec. (f)(3), (4)(A), (5), (8)(A). Pub. L. 111–39, § 407(b)(5)(C)(ii), substituted “under this subchapter, other than a foreign institution of higher education,” for “under this subchapter”.
Subsec. (g)(2). Pub. L. 111–39, § 407(b)(5)(D), substituted “paragraph (1)(G)” for “subparagraph (G)”.
Subsec. (i)(2), (3). Pub. L. 111–39, § 407(b)(5)(E)(i), (ii), substituted “institution described in paragraph (1)” for “eligible institution participating in any program under this subchapter”.
Subsec. (i)(5)(B). Pub. L. 111–39, § 407(b)(5)(E)(iii), substituted “commonly known as the ‘Family Educational Rights and Privacy Act of 1974’ ” for “the Family Educational Rights and Privacy Act of 1974”.
Subsec. (k)(2). Pub. L. 111–39, § 407(b)(5)(F), inserted “section” before “1091(r)(1)”.
Subsec. (l)(1)(A). Pub. L. 111–39, § 407(b)(5)(G), substituted “paragraph (2)” for “subparagraph (B)” in introductory provisions.
2008—Subsec. (a)(1)(G)(iv). Pub. L. 110–315, § 488(a)(1)(A), added cl. (iv).
Subsec. (a)(1)(M). Pub. L. 110–315, § 488(a)(1)(B), added subpar. (M) and struck out former subpar. (M) which read as follows: “the terms and conditions under which students receiving guaranteed student loans under part B of this subchapter or direct student loans under part E of this subchapter, or both, may—
“(i) obtain deferral of the repayment of the principal and interest for service under the Peace Corps Act (as established by the Peace Corps Act (22 U.S.C. 2501 et seq.)) or under the Domestic Volunteer Service Act of 1973, or for comparable full-time service as a volunteer for a tax-exempt organization of demonstrated effectiveness in the field of community service, and
“(ii) obtain partial cancellation of the student loan for service under the Peace Corps Act (as established by the Peace Corps Act (22 U.S.C. 2501 et seq.)) under the Domestic Volunteer Service Act of 1973 or, for comparable full-time service as a volunteer for a tax-exempt organization of demonstrated effectiveness in the field of community service;”.
Subsec. (a)(1)(P) to (V). Pub. L. 110–315, § 488(a)(1)(C)–(E), added subpars. (P) to (V).
Subsec. (a)(4). Pub. L. 110–315, § 488(a)(2), added par. (4) and struck out former par. (4) which read as follows: “For purposes of this section, institutions may exclude from the information disclosed in accordance with subparagraph (L) of paragraph (1) the completion or graduation rates of students who leave school to serve in the armed services, on official church missions, or with a recognized foreign aid service of the Federal Government.”
Subsec. (a)(7). Pub. L. 110–315, § 488(a)(3), added par. (7).
Subsec. (b)(1)(A). Pub. L. 110–315, § 488(b), which directed the general amendment of subpar. (A), with the new subpar. (A) including a subsec. (b) designation and heading and par. (1) designation, was executed by substituting the new subpar. (A) without the added subsec. (b) designation and heading and par. (1) designation for the existing subpar. (A), to reflect the probable intent of Congress. Prior to amendment, subpar. (A) read as follows: “Each eligible institution shall, through financial aid officers or otherwise, make available counseling to borrowers of loans which are made, insured, or guaranteed under part B (other than loans made pursuant to section 1078–2 of this title) of this subchapter or made under part D or E of this subchapter prior to the completion of the course of study for which the borrower enrolled at the institution or at the time of departure from such institution. The counseling required by this subsection shall include—
“(i) the average anticipated monthly repayments, a review of the repayment options available, and such debt and management strategies as the institution determines are designed to facilitate the repayment of such indebtedness; and
“(ii) the terms and conditions under which the student may obtain partial cancellation or defer repayment of the principal and interest pursuant to sections 1078(b), 1087dd(c)(2), and 1087ee of this title.”
Subsec. (d)(1). Pub. L. 110–315, § 488(c)(1), inserted “Such information shall also include information on the various payment options available for student loans, including income-sensitive and income-based repayment plans for loans made, insured, or guaranteed under part B and income-contingent and income-based repayment plans for loans made under part D.” before “In addition, such information” and “The Secretary shall also provide information on loan forbearance, including the increase in debt that results from capitalization of interest.” before “Such information shall be provided”.
Subsec. (d)(4). Pub. L. 110–315, § 488(c)(2), added par. (4).
Subsec. (e)(3). Pub. L. 110–315, § 488(d), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “For purposes of this subsection, institutions may exclude from the reporting requirements under paragraphs (1) and (2) the completion or graduation rates of students and student athletes who leave school to serve in the armed services, on official church missions, or with a recognized foreign aid service of the Federal Government.”
Subsec. (f)(1). Pub. L. 110–315, § 488(e)(1)(A), inserted “, other than a foreign institution higher education,” after “chapter 34 of title 42” in introductory provisions.
Subsec. (f)(1)(C)(i) to (iii). Pub. L. 110–315, § 488(e)(1)(B), added cls. (i) to (iii) and struck out former cls. (i) and (ii) which read as follows:
“(i) the enforcement authority of security personnel, including their working relationship with State and local police agencies; and
“(ii) policies which encourage accurate and prompt reporting of all crimes to the campus police and the appropriate police agencies.”
Subsec. (f)(1)(F)(ii). Pub. L. 110–315, § 488(e)(1)(C), substituted “clause (i), of larceny-theft, simple assault, intimidation, and destruction, damage, or vandalism of property, and of” for “clause (i), and” and inserted a comma after “any person”.
Subsec. (f)(1)(J). Pub. L. 110–315, § 488(e)(1)(D), added subpar. (J).
Subsec. (f)(5)(A). Pub. L. 110–315, § 103(b)(11), substituted “authorizing committees” for “Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate”.
Subsec. (f)(15) to (18). Pub. L. 110–315, § 488(e)(2), (3), added pars. (15) to (17) and redesignated former par. (15) as (18).
Subsec. (g)(4)(B) to (D). Pub. L. 110–315, § 488(f), redesignated subpars. (C) and (D) as (B) and (C), respectively, struck out “and the report to Congress described in subparagraph (B)” after “subparagraph (A)” in subpar. (B) and “the information reported under subparagraph (B) and” after “availability of” in subpar. (C), and struck out former subpar. (B) which read as follows: “The Secretary shall prepare a report regarding the information received under subparagraph (A) and submit such report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate by
“(i) summarize the information and identify trends in the information;
“(ii) aggregate the information by divisions of the National Collegiate Athletic Association; and
“(iii) contain information on each individual institution of higher education.”
Subsecs. (h) to (l). Pub. L. 110–315, § 488(g), added subsecs. (h) to (l).
Subsec. (m). Pub. L. 110–315, § 1011(c), added subsec. (m).
2000—Subsec. (f)(1)(I). Pub. L. 106–386 added subpar. (I).
1998—Subsec. (a)(1). Pub. L. 105–244, § 486(a)(1)(B), in introductory provisions, inserted after second sentence “Each eligible institution shall, on an annual basis, provide to all enrolled students a list of the information that is required to be provided by institutions to students by this section and section 1232g of this title, together with a statement of the procedures required to obtain such information.”
Pub. L. 105–244, § 486(a)(1)(A), in introductory provisions, substituted “upon request, through appropriate publications, mailings, and electronic media, to an enrolled student and to any prospective student” for “, through appropriate publications and mailings, to all current students, and to any prospective student upon request”.
Subsec. (a)(1)(F). Pub. L. 105–244, § 486(a)(1)(C), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “a statement of the refund policy of the institution, as determined under section 1091b of this title, for the return of unearned tuition and fees or other refundable portion of cost, as described in subparagraph (E) of this paragraph, which refunds shall be credited in the following order:
“(i) to outstanding balances on loans under part B of this subchapter for the period of enrollment for which a refund is required,
“(ii) to outstanding balances on loans under part D of this subchapter for the period of enrollment for which a refund is required,
“(iii) to outstanding balances on loans under part E of this subchapter for the period of enrollment for which a refund is required,
“(iv) to awards under subpart 1 of part A of this subchapter,
“(v) to awards under subpart 3 of part A of this subchapter,
“(vi) to other student assistance, and
“(vii) to the student;”.
Subsec. (a)(1)(O). Pub. L. 105–244, § 486(a)(1)(D)–(F), added subpar. (O).
Subsec. (a)(3)(A). Pub. L. 105–244, § 486(a)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “shall, for any academic year beginning more than 270 days after the Secretary first prescribes final regulations pursuant to such subparagraph (L), be made available to current and prospective students prior to enrolling or entering into any financial obligation; and”.
Subsec. (a)(6). Pub. L. 105–244, § 486(a)(3), added par. (6).
Subsec. (b)(1)(A). Pub. L. 105–244, § 486(b)(1), struck out “(individually or in groups)” after “counseling to borrowers” in introductory provisions.
Subsec. (b)(2)(C). Pub. L. 105–244, § 486(b)(2), added subpar. (C).
Subsec. (d). Pub. L. 105–244, § 486(c), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added pars. (2) and (3).
Subsec. (e)(2). Pub. L. 105–244, § 486(d)(1), substituted “the student’s parents, guidance” for “his parents, his guidance” and inserted at end “If the institution is a member of a national collegiate athletic association that compiles graduation rate data on behalf of the association’s member institutions that the Secretary determines is substantially comparable to the information described in paragraph (1), the distribution of the compilation of such data to all secondary schools in the United States shall fulfill the responsibility of the institution to provide information to a prospective student athlete’s guidance counselor and coach.”
Subsec. (e)(9). Pub. L. 105–244, § 486(d)(2), amended par. (9) generally. Prior to amendment, par. (9) read as follows: “This subsection shall not be effective until the first July 1 that follows, by more than 270 days, the date on which the Secretary first prescribes final regulations pursuant to this subsection. The reports required by this subsection shall be due on that July 1 and each succeeding July 1 and shall cover the 1-year period ending August 31 of the preceding year.”
Subsec. (f)(1)(F). Pub. L. 105–244, § 486(e)(1)(A), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “Statistics concerning the occurrence on campus, during the most recent calendar year, and during the 2 preceding calendar years for which data are available, of the following criminal offenses reported to campus security authorities or local police agencies—
“(i) murder;
“(ii) sex offenses, forcible or nonforcible;
“(iii) robbery;
“(iv) aggravated assault;
“(v) burglary; and
“(vi) motor vehicle theft.”
Subsec. (f)(1)(H). Pub. L. 105–244, § 486(e)(1)(B), (C), redesignated subpar. (I) as (H) and struck out former subpar. (H) which read as follows: “Statistics concerning the number of arrests for the following crimes occurring on campus:
“(i) liquor law violations;
“(ii) drug abuse violations; and
“(iii) weapons possessions.”
Subsec. (f)(1)(I). Pub. L. 105–244, § 486(e)(1)(C), redesignated subpar. (I) as (H).
Pub. L. 105–244, § 102(b)(3), substituted “section 1011i” for “section 1145g”.
Subsec. (f)(4). Pub. L. 105–244, § 486(e)(6), added par. (4). Former par. (4) redesignated (5).
Pub. L. 105–244, § 486(e)(2)(A), which directed the substitution of “On an annual basis, each” for “Upon request of the Secretary, each” was executed by making the substitution for “Upon the request of the Secretary, each” to reflect the probable intent of Congress.
Pub. L. 105–244, § 486(e)(2)(B), substituted “paragraph (1)(F)” for “paragraphs (1)(F) and (1)(H)”.
Subsec. (f)(4)(A). Pub. L. 105–244, § 486(e)(2)(C)–(E), substituted “and the Workforce” for “and Labor” and “2000” for “1995” and struck out “and” at end.
Subsec. (f)(4)(B), (C). Pub. L. 105–244, § 486(e)(2)(F), (G), added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (f)(5). Pub. L. 105–244, § 486(e)(5), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (f)(5)(A). Pub. L. 105–244, § 486(e)(3), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “For purposes of this subsection, the term ‘campus’ includes—
“(i) any building or property owned or controlled by the institution of higher education within the same reasonably contiguous geographic area and used by the institution in direct support of, or related to its educational purposes; or
“(ii) any building or property owned or controlled by student organizations recognized by the institution.”
Subsec. (f)(6). Pub. L. 105–244, § 486(e)(5), redesignated par. (5) as (6). Former par. (6) redesignated (7).
Pub. L. 105–244, § 486(e)(4), substituted “paragraph (1)(F)” for “paragraphs (1)(F) and (1)(H)” and inserted at end “Such statistics shall not identify victims of crimes or persons accused of crimes.”
Subsec. (f)(7), (8). Pub. L. 105–244, § 486(e)(5), redesignated pars. (6) and (7) as (7) and (8), respectively.
Subsec. (f)(9) to (15). Pub. L. 105–244, § 486(e)(7), added pars. (9) to (15).
Subsec. (g)(1)(I), (J). Pub. L. 105–244, § 486(f)(1), added subpars. (I) and (J).
Subsec. (g)(4), (5). Pub. L. 105–244, § 486(f)(2)–(4), added par. (4), redesignated former par. (4) as (5), and struck out heading and text of former par. (5). Text read as follows: “The Secretary shall issue final regulations to implement the requirements of this subsection not later than 180 days following
1997—Subsec. (a)(3)(B). Pub. L. 105–18, § 60001(a)(1), substituted “August 31” for “June 30”.
Subsec. (e)(9). Pub. L. 105–18, § 60001(a)(2), substituted “August 31” for “August 30”.
1996—Subsec. (e)(9). Pub. L. 104–208 substituted “August 30” for “June 30”.
1994—Subsec. (g). Pub. L. 103–382 added subsec. (g).
1993—Subsec. (a)(1)(F)(i) to (iii). Pub. L. 103–208, § 2(h)(28), inserted before comma at end “for the period of enrollment for which a refund is required”.
Subsec. (a)(1)(F)(iv). Pub. L. 103–208, § 2(h)(29), inserted “under” after “awards”.
Subsec. (a)(1)(F)(vi). Pub. L. 103–208, § 2(h)(32), redesignated cl. (vii) as (vi) and struck out former cl. (vi) which read as follows: “to awards under part C of subchapter I of chapter 34 of title 42,”.
Subsec. (a)(1)(F)(vii). Pub. L. 103–208, § 2(h)(32), redesignated cl. (viii) as (vii). Former cl. (vii) redesignated (vi).
Pub. L. 103–208, § 2(h)(30), struck out “provided under this subchapter” after “student assistance”.
Subsec. (a)(1)(F)(viii). Pub. L. 103–208, § 2(h)(32), redesignated cl. (viii) as (vii).
Pub. L. 103–208, § 2(h)(31), struck out period after “student”.
Subsec. (a)(1)(L). Pub. L. 103–208, § 2(k)(9), amended directory language of Pub. L. 102–325, § 486(a)(3). See 1992 Amendment note below.
Pub. L. 103–208, § 2(h)(33), inserted comma after “full-time”.
Subsec. (a)(3)(A). Pub. L. 103–208, § 2(h)(34), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “shall be available beginning on
Subsec. (b)(1)(A), (2)(A). Pub. L. 103–208, § 2(h)(35), substituted “under part” for “under parts”.
Subsec. (d). Pub. L. 103–208, § 2(h)(36), inserted period at end of penultimate sentence.
Subsec. (e)(9). Pub. L. 103–208, § 2(h)(37), added subpar. (9).
1992—Subsec. (a)(1)(F). Pub. L. 102–325, § 486(a)(1), inserted “, as determined under section 1091b of this title,” after “of the institution” and “, which refunds shall be credited in the following order:” after “of this paragraph” and added cls. (i) to (viii).
Subsec. (a)(1)(K). Pub. L. 102–325, § 486(a)(2), struck out “and” at end.
Subsec. (a)(1)(L). Pub. L. 102–325, § 486(a)(4), redesignated subpar. (L), relating to deferral or partial cancellation of student loans, as (M).
Pub. L. 102–325, § 486(a)(3), as amended by Pub. L. 103–208, § 2(k)(9), amended subpar. (L), relating to completion or graduation rate, by substituting semicolon for period at end.
Subsec. (a)(1)(M). Pub. L. 102–325, § 486(a)(4), (5), redesignated subpar. (L), relating to deferral or partial cancellation of student loans, as (M) and substituted “; and” for period at end.
Subsec. (a)(1)(N). Pub. L. 102–325, § 486(a)(6), added subpar. (N).
Subsec. (b). Pub. L. 102–325, § 486(b), amended subsec. (b) generally, making changes in substance and structure of former text which related to exit counseling for borrowers and borrower information.
Subsec. (f)(1)(F). Pub. L. 102–325, § 486(c)(1), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “Statistics concerning the occurrence on campus, during the most recent calendar year, and during the 2 preceding calendar years for which data are available, of the following criminal offenses reported to campus security authorities or local police agencies—
“(i) murder;
“(ii) rape;
“(iii) robbery;
“(iv) aggravated assault;
“(v) burglary; and
“(vi) motor vehicle theft.”
Subsec. (f)(7). Pub. L. 102–325, § 486(c)(2), added par. (7).
1991—Subsec. (a)(1)(L). Pub. L. 102–26, § 10(a), which directed the insertion of “undergraduate” after “full-time” in subpar. (L), was executed to the subpar. (L) added by Pub. L. 101–542, § 103(a), relating to completion or graduation rate, to reflect the probable intent of Congress.
Subsec. (a)(3)(A) to (C). Pub. L. 102–26, § 10(b), inserted “and” at end of subpar. (A), substituted a period for “; and” at end of subpar. (B), and struck out subpar. (C) which read as follows: “shall be updated not less than biennially.”
Subsec. (a)(5). Pub. L. 102–26, § 10(c), added par. (5).
Subsec. (b). Pub. L. 102–164 substituted “Exit counseling for borrowers; borrower information” for “Exit counseling for borrowers” in heading and inserted at end “Each eligible institution shall require that the borrower of a loan made under part B, part D, or part E of this subchapter submit to the institution, during the exit interview required by this subsection, the borrower’s expected permanent address after leaving the institution, regardless of the reason for leaving; the name and address of the borrower’s expected employer after leaving the institution; and the address of the borrower’s next of kin. In the case of a loan made under part B of this subchapter, the institution shall then submit this information to the holder of the loan.”
Subsec. (f)(1). Pub. L. 102–26, § 10(d), substituted “
1990—Subsec. (a)(1)(L). Pub. L. 101–610, § 201, added subpar. (L) relating to deferral or partial cancellation of student loans.
Pub. L. 101–542, § 103(a), added subpar. (L) relating to completion or graduation rate.
Subsec. (a)(3), (4). Pub. L. 101–542, § 103(b), added pars. (3) and (4).
Subsec. (b)(3). Pub. L. 101–610, § 202, added par. (3).
Subsec. (d). Pub. L. 101–610, § 203, inserted before last sentence “The Secretary shall provide information concerning the specific terms and conditions under which students may obtain partial or total cancellation or defer repayment of loans for service, shall indicate (in terms of the Federal minimum wage) the maximum level of compensation and allowances that a student borrower may receive from a tax-exempt organization to qualify for a deferment, and shall explicitly state that students may qualify for such partial cancellations or deferments when they serve as a paid employee of a tax-exempt organization”.
Subsec. (e). Pub. L. 101–542, § 104(a), added subsec. (e).
Subsec. (f). Pub. L. 101–542, § 204(a), added subsec. (f).
1987—Subsec. (b). Pub. L. 100–50, § 15(10), inserted “(other than loans made pursuant to section 1078–2 of this title)” after “part B of this subchapter”.
Subsec. (d). Pub. L. 100–50, § 15(11), inserted after second sentence “In addition, such information shall include information to enable borrowers to assess the practical consequences of loan consolidation, including differences in deferment eligibility, interest rates, monthly payments, and finance charges, and samples of loan consolidation profiles to illustrate such consequences.”
Pub. L. 118–173, § 2(c), “The amendments made by this section [amending this section] shall—
Amendment by Pub. L. 116–260 effective
Amendment by Pub. L. 116–260 may be implemented by Secretary of Education before (but not later than)
Amendment by Pub. L. 116–251 effective 180 days after
Pub. L. 113–4, title III, § 304(b),
Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (
Pub. L. 106–386, div. B, title VI, § 1601(c)(2),
Amendment by Pub. L. 105–244 effective
Pub. L. 105–18, title VI, § 60001(b),
Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title.
Amendment by section 486(a), (b), and (c)(2) of Pub. L. 102–325 effective
Pub. L. 102–325, title IV, § 486(c)(3),
Pub. L. 101–542, title I, § 104(b),
Pub. L. 101–542, title II, § 204(c),
Amendment by Pub. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99–498, see section 27 of Pub. L. 100–50, set out as a note under section 1001 of this title.
Section effective
Subsec. (b) of this section applicable only to periods of enrollment beginning on or after
Pub. L. 101–542, title IV, § 401(a),
Pub. L. 118–173, § 5,
Pub. L. 118–173, § 2(a)(3),
Pub. L. 110–315, title IV, § 484,
Pub. L. 103–382, title III, § 360B(b),
Pub. L. 101–542, title I, § 102,
Pub. L. 101–542, title II, § 202,
Memorandum of President of the United States,
Memorandum for the Secretary of Education [and] the Secretary of the Treasury
More individuals than ever before are using student loans to finance college. Nearly two-thirds of college graduates borrow to pay for college, with an average debt upon graduation of about $26,300. While a college education remains an excellent investment, this debt can be overly burdensome, especially for recent graduates during the first few years of their careers.
The Income-Based Repayment (IBR) plan for Federal student loans currently allows former students to cap their student loan payments at 15 percent of their current discretionary income. This plan can be an effective tool for helping individuals to manage their debt, especially during challenging economic times.
Over the past several years, my Administration has worked to improve repayment options available to borrowers, including through passage of an enhanced Income-Based Repayment plan, which will cap a Federal student loan borrower’s monthly payments at 10 percent of his or her discretionary income starting in 2014. And we are pursuing administrative action that may extend these lower payments to some students as soon as the end of this calendar year.
However, too few borrowers are aware of the options available to them to help manage their student loan debt, including reducing their monthly payment through IBR. Additionally, too many borrowers have had difficulties navigating and completing the IBR application process once they have started it.
For many borrowers, the most significant challenge in completing the IBR application has been the income-verification process, which, until recently, required borrowers to provide a signed copy of their income tax return. Although the Department of Education has recently removed some of the hurdles to completing the process, too many borrowers are still struggling to access this important repayment option due to difficulty in applying.
Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:
(a) create integrated online and mobile resources for students and former students to use in learning about Federal student aid, including an explanation of (1) the current IBR plan, which allows student loan borrowers to cap their monthly loan payments at 15 percent of their discretionary income and be eligible to have their remaining loan balances forgiven after 25 years of responsible payments; and (2) the proposed Pay As You Earn plan, which will allow many students to cap their monthly loan repayments at 10 percent of their discretionary income and be eligible for loan forgiveness after 20 years of responsible repayment; and
(b) develop and make available to borrowers an online tool to help students make better financial decisions, including understanding their loan debt and its impact on their everyday lives. This tool should incorporate key elements of best practices in financial literacy and link to students’ actual Federal loan data to help them understand their individual circumstances and options for repayment.
(i) the authority granted by law to an agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The Secretary of Education is hereby authorized and directed to publish this memorandum in the Federal Register.
Memorandum for the Heads of Executive Departments and Agencies
Memorandum of President of the United States,
The prevalence of rape and sexual assault at our Nation’s institutions of higher education is both deeply troubling and a call to action. Studies show that about one in five women is a survivor of attempted or completed sexual violence while in college. In addition, a substantial number of men experience sexual violence during college. Although schools have made progress in addressing rape and sexual assault, more needs to be done to ensure safe, secure environments for students of higher education.
There are a number of Federal laws aimed at making our campuses safer, and the Departments of Education and Justice have been working to enforce them. Among other requirements, institutions of higher education participating in Federal student financial assistance programs (institutions), including colleges, universities, community colleges, graduate and professional schools, for-profit schools, trade schools, and career and technical schools, must provide students with information on programs aimed at preventing rape and sexual assault, and on procedures for students to reporting rape and sexual assault. Institutions must also adopt and publish grievance procedures that provide for the prompt and equitable resolution of rape and sexual assault complaints, and investigate reports of rape and sexual assault and take swift action to prevent their recurrence. Survivors of rape and sexual assault must also be provided with information on how to access the support and services they need. Reports show, however, that institutions’ compliance with these Federal laws is uneven and, in too many cases, inadequate. Building on existing enforcement efforts, we must strengthen and address compliance issues and provide institutions with additional tools to respond to and address rape and sexual assault.
Therefore, I am directing the Office of the Vice President and the White House Council on Women and Girls to lead an interagency effort to address campus rape and sexual assault, including coordinating Federal enforcement efforts by executive departments and agencies (agencies) and helping institutions meet their obligations under Federal law. To these ends, it is hereby ordered as follows:
(a) Membership of the Task Force. In addition to the Co-Chairs, the Task Force shall consist of the following members:
(i) the Attorney General;
(ii) the Secretary of the Interior;
(iii) the Secretary of Health and Human Services;
(iv) the Secretary of Education;
(v) the Director of the Office of Science and Technology Policy;
(vi) the Director of the Domestic Policy Council;
(vii) the Cabinet Secretary; and
(viii) the heads of agencies or offices as the Co-Chairs may designate.
(b) A member of the Task Force may designate, to perform the Task Force functions of the member, senior officials who are part of the member’s agency or office, and who are full-time officers or employees of the Federal Government.
(i) providing institutions with evidence-based best and promising practices for preventing and responding to rape and sexual assault;
(ii) building on the Federal Government’s existing enforcement efforts to ensure that institutions comply fully with their legal obligations to prevent and respond to rape and sexual assault;
(iii) increasing the transparency of the Federal Government’s enforcement activities concerning rape and sexual assault, consistent with applicable law and the interests of affected students;
(iv) broadening the public’s awareness of individual institutions’ compliance with their legal obligation to address rape and sexual assault; and
(v) facilitating coordination among agencies engaged in addressing rape and sexual assault and those charged with helping bring institutions into compliance with the law.
(b) In accordance with applicable law and in addition to regular meetings, the Task Force shall consult with external stakeholders, including institution officials, student groups, parents, athletic and educational associations, local rape crisis centers, and law enforcement agencies.
(c) Because rape and sexual assault also occur in the elementary and secondary school context, the Task Force shall evaluate how its proposals and recommendations may apply to, and may be implemented by, schools, school districts, and other elementary and secondary educational entities receiving Federal financial assistance.
(i) providing examples of instructions, policies, and protocols for institutions, including: rape and sexual assault policies; prevention programs; crisis intervention and advocacy services; complaint and grievance procedures; investigation protocols; adjudicatory procedures; disciplinary sanctions; and training and orientation modules for students, staff, and faculty;
(ii) measuring the success of prevention and response efforts at institutions, whether through compliance with individual policies or through broader assessments of campus climate, attitudes and safety, and providing the public with this information;
(iii) maximizing the Federal Government’s effectiveness in combatting campus rape and sexual assault by, among other measures, making its enforcement activities transparent and accessible to students and prospective students nationwide; and
(iv) promoting greater coordination and consistency among the agencies and offices that enforce the Federal laws addressing campus rape and sexual assault and support improved campus responses to sexual violence.
(b) Within 1 year of the date of this memorandum, and then on an annual basis, the Task Force shall provide a report to the President on implementation efforts with respect to this memorandum.
(b) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an agency or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) The heads of agencies and offices shall assist and provide information to the Task Force, consistent with applicable law, as may be necessary to carry out the functions of the Task Force. Each agency and office shall bear its own expenses of participating in the Task Force.
(d) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(e) The Secretary of Education is authorized and directed to publish this memorandum in the Federal Register.
Memorandum of President of the United States,
Memorandum for the Secretary of the Treasury[, and] the Secretary of Education
A college education is the single most important investment that Americans can make in their futures. College remains a good investment, resulting in higher earnings and a lower risk of unemployment. Unfortunately, for many low- and middle-income families, college is slipping out of reach. Over the past three decades, the average tuition at a public four-year college has more than tripled, while a typical family’s income has increased only modestly. More students than ever are relying on loans to pay for college. Today, 71 percent of those earning a bachelor’s degree graduate with debt, which averages $29,400. While most students are able to repay their loans, many feel burdened by debt, especially as they seek to start a family, buy a home, launch a business, or save for retirement.
Over the past several years, my Administration has worked to ensure that college remains affordable and student debt is manageable, including through raising the maximum Pell Grant award by nearly $1,000, creating the American Opportunity Tax Credit, and expanding access to student loan repayment plans, where monthly obligations are calibrated to a borrower’s income and debt. These income-driven repayment plans, like my Pay As You Earn plan, which caps a Federal student loan borrower’s payments at 10 percent of income, can be an effective tool to help individuals manage their debt, and pursue their careers while avoiding consequences of defaulting on a Federal student loan, such as a damaged credit rating, a tax refund offset, or garnished wages.
While my Administration has made significant strides in expanding repayment options available to borrowers and building awareness of income-driven repayment plans, more needs to be done. Currently, not all student borrowers of Federal Direct Loans can cap their monthly loan payments at 10 percent of income, and too many struggling borrowers are still unaware of the options available to them to help responsibly manage their debt.
Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:
(i) the authority granted by law to an agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of Education is hereby authorized and directed to publish this memorandum in the Federal Register.
Memorandum of President of the United States,
Memorandum for the Secretary of the Treasury[,] the Secretary of Education[,] the Commissioner of Social Security[,] the Director of the Consumer Financial Protection Bureau[,] the Director of the Office of Management and Budget[,] the Director of the Office of Science and Technology Policy[, and] the Director of the Domestic Policy Council
America thrived in the 20th century in large part because we had the most educated workforce in the world. Today, more than ever, Americans need knowledge and skills to meet the demands of a growing global economy. Since many students borrow to pay for postsecondary education, it is imperative they be able to manage their debt as they embark on their careers.
My Administration has taken historic action to ensure that college remains affordable and student debt remains manageable. We have eliminated tens of billions of dollars in student loan subsidies paid to banks in order to increase the maximum Pell grant by nearly $1,000 and provide a path for borrowers to limit payments on many student loans to 10 percent of income, and we have worked with the Congress to enact the American Opportunity Tax Credit, worth $10,000 over 4 years of college. We have promoted innovation and competition to bring down college costs, increased completion rates, and given consumers clear, transparent information on college performance.
College remains an excellent investment, and student loans enable many who could not otherwise do so to access further education. However, there is more work to do to help students repay their loans responsibly. In 2013, college graduates owed an average of $28,400 in Federal and private loans. More than one in eight Federal borrowers default on their loans within 3 years of leaving school. My Administration has already put in place significant protections that ensure borrowers with credit cards and mortgages are treated fairly. We can and should do much more to give students affordable ways to meet their responsibilities and repay their loans.
Now is the time for stronger protections for the more than 40 million Americans with student loan debt. All student loan borrowers should have access to an efficient and responsive complaint and feedback system that holds loan servicers accountable and promotes transparency, the information and flexibility they need to repay their loan responsibly and avoid default, and protections to ensure that they will be treated fairly even if they struggle to repay their loans.
Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:
(a) Complaints and Feedback Regarding Federal Financial Aid. By
(b) Coordination Among Other Enforcement Agencies. By
(a) Higher Standards for Federal Direct Loan Servicing. By
(b) Regular Review of Student Loan Performance and Borrower Trends. The Director of the Office of Management and Budget and the Secretary of Education shall convene quarterly an interagency task force consisting of the Department of the Treasury, Department of Education, Office of Management and Budget, and Domestic Policy Council to monitor trends in the student loan portfolio, budget costs, and borrower assistance efforts. No later than
(c) Additional Protections for Student Loan Borrowers. By
(d) Higher Customer Service Standards in Income-Driven Repayment Plans. By
(e) Finding New and Better Ways to Communicate with Student Loan Borrowers. By
(f) Making it Easier for Federal Direct Student Loan Borrowers to Repay Their Student Loans. As soon as practicable, the Secretary of Education shall establish a centralized point of access for all Federal student loan borrowers in repayment, including a central location for account information and payment processing for all Federal student loan servicing, regardless of the specific servicer.
(a) Raising Standards for Student Loan Debt Collectors. By
(b) Providing Clarity on the Rights of Borrowers in Bankruptcy. By
(c) Protecting Social Security Benefits for Borrowers with Disabilities. By
(d) Debt Collection Pilot Program. By
(i) the authority granted by law to an agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of Education is hereby authorized and directed to publish this memorandum in the Federal Register.