20 U.S.C. § 1092 : US Code - Section 1092: Institutional and financial assistance information for students

    (a) Information dissemination activities
      (1) Each eligible institution participating in any program under
    this subchapter and part C of subchapter I of chapter 34 of title
    42 shall carry out information dissemination activities for
    prospective and enrolled students (including those attending or
    planning to attend less than full time) regarding the institution
    and all financial assistance under this subchapter and part C of
    subchapter I of chapter 34 of title 42. The information required by
    this section shall be produced and be made readily available upon
    request, through appropriate publications, mailings, and electronic
    media, to an enrolled student and to any prospective student. Each
    eligible institution shall, on an annual basis, provide to all
    enrolled students a list of the information that is required to be
    provided by institutions to students by this section and section
    444 of the General Education Provisions Act [20 U.S.C. 1232g]
    (commonly known as the "Family Educational Rights and Privacy Act
    of 1974"), together with a statement of the procedures required to
    obtain such information. The information required by this section
    shall accurately describe - 
        (A) the student financial assistance programs available to
      students who enroll at such institution;
        (B) the methods by which such assistance is distributed among
      student recipients who enroll at such institution;
        (C) any means, including forms, by which application for
      student financial assistance is made and requirements for
      accurately preparing such application;
        (D) the rights and responsibilities of students receiving
      financial assistance under this subchapter and part C of
      subchapter I of chapter 34 of title 42;
        (E) the cost of attending the institution, including (i)
      tuition and fees, (ii) books and supplies, (iii) estimates of
      typical student room and board costs or typical commuting costs,
      and (iv) any additional cost of the program in which the student
      is enrolled or expresses a specific interest;
        (F) a statement of - 
          (i) the requirements of any refund policy with which the
        institution is required to comply;
          (ii) the requirements under section 1091b of this title for
        the return of grant or loan assistance provided under this
        subchapter and part C of subchapter I of chapter 34 of title
        42; and
          (iii) the requirements for officially withdrawing from the
        institution;

        (G) the academic program of the institution, including (i) the
      current degree programs and other educational and training
      programs, (ii) the instructional, laboratory, and other physical
      plant facilities which relate to the academic program, (iii) the
      faculty and other instructional personnel, and (iv) any plans by
      the institution for improving the academic program of the
      institution;
        (H) each person designated under subsection (c) of this
      section, and the methods by which and locations in which any
      person so designated may be contacted by students and prospective
      students who are seeking information required by this subsection;
        (I) special facilities and services available to students with
      disabilities;
        (J) the names of associations, agencies, or governmental bodies
      which accredit, approve, or license the institution and its
      programs, and the procedures under which any current or
      prospective student may obtain or review upon request a copy of
      the documents describing the institution's accreditation,
      approval, or licensing;
        (K) the standards which the student must maintain in order to
      be considered to be making satisfactory progress, pursuant to
      section 1091(a)(2) of this title;
        (L) the completion or graduation rate of certificate- or degree-
      seeking, full-time, undergraduate students entering such
      institutions;
        (M) the terms and conditions of the loans that students receive
      under parts B, C, and D;
        (N) that enrollment in a program of study abroad approved for
      credit by the home institution may be considered enrollment in
      the home institution for purposes of applying for Federal student
      financial assistance;
        (O) the campus crime report prepared by the institution
      pursuant to subsection (f) of this section, including all
      required reporting categories;
        (P) institutional policies and sanctions related to copyright
      infringement, including - 
          (i) an annual disclosure that explicitly informs students
        that unauthorized distribution of copyrighted material,
        including unauthorized peer-to-peer file sharing, may subject
        the students to civil and criminal liabilities;
          (ii) a summary of the penalties for violation of Federal
        copyright laws; and
          (iii) a description of the institution's policies with
        respect to unauthorized peer-to-peer file sharing, including
        disciplinary actions that are taken against students who engage
        in unauthorized distribution of copyrighted materials using the
        institution's information technology system;

        (Q) student body diversity at the institution, including
      information on the percentage of enrolled, full-time students who
      - 
          (i) are male;
          (ii) are female;
          (iii) receive a Federal Pell Grant; and
          (iv) are a self-identified member of a major racial or ethnic
        group;

        (R) the placement in employment of, and types of employment
      obtained by, graduates of the institution's degree or certificate
      programs, gathered from such sources as alumni surveys, student
      satisfaction surveys, the National Survey of Student Engagement,
      the Community College Survey of Student Engagement, State data
      systems, or other relevant sources;
        (S) the types of graduate and professional education in which
      graduates of the institution's four-year degree programs
      enrolled, gathered from such sources as alumni surveys, student
      satisfaction surveys, the National Survey of Student Engagement,
      State data systems, or other relevant sources;
        (T) the fire safety report prepared by the institution pursuant
      to subsection (i);
        (U) the retention rate of certificate- or degree-seeking, first-
      time, full-time, undergraduate students entering such
      institution; and
        (V) institutional policies regarding vaccinations.

      (2) For the purpose of this section, the term "prospective
    student" means any individual who has contacted an eligible
    institution requesting information concerning admission to that
    institution.
      (3) In calculating the completion or graduation rate under
    subparagraph (L) of paragraph (1) of this subsection or under
    subsection (e) of this section, a student shall be counted as a
    completion or graduation if, within 150 percent of the normal time
    for completion of or graduation from the program, the student has
    completed or graduated from the program, or enrolled in any program
    of an eligible institution for which the prior program provides
    substantial preparation. The information required to be disclosed
    under such subparagraph - 
        (A) shall be made available by July 1 each year to enrolled
      students and prospective students prior to the students enrolling
      or entering into any financial obligation; and
        (B) shall cover the one-year period ending on August 31 of the
      preceding year.

      (4) For purposes of this section, institutions may - 
        (A) exclude from the information disclosed in accordance with
      subparagraph (L) of paragraph (1) the completion or graduation
      rates of students who leave school to serve in the Armed Forces,
      on official church missions, or with a recognized foreign aid
      service of the Federal Government; or
        (B) in cases where the students described in subparagraph (A)
      represent 20 percent or more of the certificate- or degree-
      seeking, full-time, undergraduate students at the institution,
      recalculate the completion or graduation rates of such students
      by excluding from the calculation described in paragraph (3) the
      time period during which such students were not enrolled due to
      their service in the Armed Forces, on official church missions,
      or with a recognized foreign aid service of the Federal
      Government.

      (5) The Secretary shall permit any institution of higher
    education that is a member of an athletic association or athletic
    conference that has voluntarily published completion or graduation
    rate data or has agreed to publish data that, in the opinion of the
    Secretary, is substantially comparable to the information required
    under this subsection, to use such data to satisfy the requirements
    of this subsection.
      (6) Each institution may provide supplemental information to
    enrolled and prospective students showing the completion or
    graduation rate for students described in paragraph (4) or for
    students transferring into the institution or information showing
    the rate at which students transfer out of the institution.
      (7)(A)(i) Subject to clause (ii), the information disseminated
    under paragraph (1)(L), or reported under subsection (e), shall be
    disaggregated by gender, by each major racial and ethnic subgroup,
    by recipients of a Federal Pell Grant, by recipients of a loan made
    under part B or C (other than a loan made under section 1078-8 of
    this title or a Federal Direct Unsubsidized Stafford Loan) who did
    not receive a Federal Pell Grant, and by recipients of neither a
    Federal Pell Grant nor a loan made under part B or C (other than a
    loan made under section 1078-8 of this title or a Federal Direct
    Unsubsidized Stafford Loan), if the number of students in such
    subgroup or with such status is sufficient to yield statistically
    reliable information and reporting will not reveal personally
    identifiable information about an individual student. If such
    number is not sufficient for such purposes, then the institution
    shall note that the institution enrolled too few of such students
    to so disclose or report with confidence and confidentiality.
      (ii) The requirements of clause (i) shall not apply to two-year,
    degree-granting institutions of higher education until academic
    year 2011-2012.
      (B)(i) In order to assist two-year degree-granting institutions
    of higher education in meeting the requirements of paragraph (1)(L)
    and subsection (e), the Secretary, in consultation with the
    Commissioner for Education Statistics, shall, not later than 90
    days after August 14, 2008, convene a group of representatives from
    diverse institutions of higher education, experts in the field of
    higher education policy, state (!1) higher education officials,
    students, and other stakeholders in the higher education community,
    to develop recommendations regarding the accurate calculation and
    reporting of the information required to be disseminated or
    reported under paragraph (1)(L) and subsection (e) by two-year,
    degree-granting institutions of higher education. In developing
    such recommendations, the group of representatives shall consider
    the mission and role of two-year degree-granting institutions of
    higher education, and may recommend additional or alternative
    measures of student success for such institutions in light of the
    mission and role of such institutions.

      (ii) The Secretary shall widely disseminate the recommendations
    required under this subparagraph to two-year, degree-granting
    institutions of higher education, the public, and the authorizing
    committees not later than 18 months after the first meeting of the
    group of representatives convened under clause (i).
      (iii) The Secretary shall use the recommendations from the group
    of representatives convened under clause (i) to provide technical
    assistance to two-year, degree-granting institutions of higher
    education in meeting the requirements of paragraph (1)(L) and
    subsection (e).
      (iv) The Secretary may modify the information required to be
    disseminated or reported under paragraph (1)(L) or subsection (e)
    by a two-year, degree-granting institution of higher education - 
        (I) based on the recommendations received under this
      subparagraph from the group of representatives convened under
      clause (i);
        (II) to include additional or alternative measures of student
      success if the goals of the provisions of paragraph (1)(L) and
      subsection (e) can be met through additional means or comparable
      alternatives; and
        (III) during the period beginning on August 14, 2008, and
      ending on June 30, 2011.
    (b) Exit counseling for borrowers
      (1)(A) Each eligible institution shall, through financial aid
    offices or otherwise, provide counseling to borrowers of loans that
    are made, insured, or guaranteed under part B (other than loans
    made pursuant to section 1078-3 of this title or loans under
    section 1078-2 of this title made on behalf of a student) or made
    under part C (other than Federal Direct Consolidation Loans or
    Federal Direct PLUS Loans made on behalf of a student) or made
    under part D of this subchapter prior to the completion of the
    course of study for which the borrower enrolled at the institution
    or at the time of departure from such institution. The counseling
    required by this subsection shall include - 
        (i) information on the repayment plans available, including a
      description of the different features of each plan and sample
      information showing the average anticipated monthly payments, and
      the difference in interest paid and total payments, under each
      plan;
        (ii) debt management strategies that are designed to facilitate
      the repayment of such indebtedness;
        (iii) an explanation that the borrower has the options to
      prepay each loan, pay each loan on a shorter schedule, and change
      repayment plans;
        (iv) for any loan forgiveness or cancellation provision of this
      subchapter and part C of subchapter I of chapter 34 of title 42,
      a general description of the terms and conditions under which the
      borrower may obtain full or partial forgiveness or cancellation
      of the principal and interest, and a copy of the information
      provided by the Secretary under section 1092(d) of this title;
        (v) for any forbearance provision of this subchapter and part C
      of subchapter I of chapter 34 of title 42, a general description
      of the terms and conditions under which the borrower may defer
      repayment of principal or interest or be granted forbearance, and
      a copy of the information provided by the Secretary under section
      1092(d) of this title;
        (vi) the consequences of defaulting on a loan, including
      adverse credit reports, delinquent debt collection procedures
      under Federal law, and litigation;
        (vii) information on the effects of using a consolidation loan
      under section 1078-3 of this title or a Federal Direct
      Consolidation Loan to discharge the borrower's loans under parts
      B, C, and D, including at a minimum - 
          (I) the effects of consolidation on total interest to be
        paid, fees to be paid, and length of repayment;
          (II) the effects of consolidation on a borrower's underlying
        loan benefits, including grace periods, loan forgiveness,
        cancellation, and deferment opportunities;
          (III) the option of the borrower to prepay the loan or to
        change repayment plans; and
          (IV) that borrower benefit programs may vary among different
        lenders;

        (viii) a general description of the types of tax benefits that
      may be available to borrowers; and
        (ix) a notice to borrowers about the availability of the
      National Student Loan Data System and how the system can be used
      by a borrower to obtain information on the status of the
      borrower's loans; and

      (B) In the case of borrower who leaves an institution without the
    prior knowledge of the institution, the institution shall attempt
    to provide the information described in subparagraph (A) to the
    student in writing.
      (2)(A) Each eligible institution shall require that the borrower
    of a loan made under part B, C, or D of this subchapter submit to
    the institution, during the exit interview required by this
    subsection - 
        (i) the borrower's expected permanent address after leaving the
      institution (regardless of the reason for leaving);
        (ii) the name and address of the borrower's expected employer
      after leaving the institution;
        (iii) the address of the borrower's next of kin; and
        (iv) any corrections in the institution's records relating the
      borrower's name, address, social security number, references, and
      driver's license number.

      (B) The institution shall, within 60 days after the interview,
    forward any corrected or completed information received from the
    borrower to the guaranty agency indicated on the borrower's student
    aid records.
      (C) Nothing in this subsection shall be construed to prohibit an
    institution of higher education from utilizing electronic means to
    provide personalized exit counseling.
    (c) Financial assistance information personnel
      Each eligible institution shall designate an employee or group of
    employees who shall be available on a full-time basis to assist
    students or potential students in obtaining information as
    specified in subsection (a) of this section. 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 and part C of subchapter I of
    chapter 34 of title 42 at that institution, is too small to
    necessitate such employee or employees being available on a full-
    time basis. No such waiver may include permission to exempt any
    such institution from designating a specific individual or a group
    of individuals to carry out the provisions of this section.
    (d) Departmental publication of descriptions of assistance programs
      (1) The Secretary shall make available to eligible institutions,
    eligible lenders, and secondary schools descriptions of Federal
    student assistance programs including the rights and
    responsibilities of student and institutional participants, in
    order to (A) assist students in gaining information through
    institutional sources, and (B) assist institutions in carrying out
    the provisions of this section, so that individual and
    institutional participants will be fully aware of their rights and
    responsibilities under such programs. In particular, such
    information shall include information to enable students and
    prospective students to assess the debt burden and monthly and
    total repayment obligations that will be incurred as a result of
    receiving loans of varying amounts under this subchapter and part C
    of subchapter I of chapter 34 of title 42. Such information shall
    also include information on the various payment options available
    for student loans, including income-sensitive and income-based
    repayment plans for loans made, insured, or guaranteed under part B
    and income-contingent and income-based repayment plans for loans
    made under part C. In addition, such information shall include
    information to enable borrowers to assess the practical
    consequences of loan consolidation, including differences in
    deferment eligibility, interest rates, monthly payments, and
    finance charges, and samples of loan consolidation profiles to
    illustrate such consequences. The Secretary shall provide
    information concerning the specific terms and conditions under
    which students may obtain partial or total cancellation or defer
    repayment of loans for service, shall indicate (in terms of the
    Federal minimum wage) the maximum level of compensation and
    allowances that a student borrower may receive from a tax-exempt
    organization to qualify for a deferment, and shall explicitly state
    that students may qualify for such partial cancellations or
    deferments when they serve as a paid employee of a tax-exempt
    organization. The Secretary shall also provide information on loan
    forbearance, including the increase in debt that results from
    capitalization of interest. Such information shall be provided by
    eligible institutions and eligible lenders at any time that
    information regarding loan availability is provided to any student.
      (2) The Secretary, to the extent the information is available,
    shall compile information describing State and other prepaid
    tuition programs and savings programs and disseminate such
    information to States, eligible institutions, students, and parents
    in departmental publications.
      (3) The Secretary, to the extent practicable, shall update the
    Department's Internet site to include direct links to databases
    that contain information on public and private financial assistance
    programs. The Secretary shall only provide direct links to
    databases that can be accessed without charge and shall make
    reasonable efforts to verify that the databases included in a
    direct link are not providing fraudulent information. The Secretary
    shall prominently display adjacent to any such direct link a
    disclaimer indicating that a direct link to a database does not
    constitute an endorsement or recommendation of the database, the
    provider of the database, or any services or products of such
    provider. The Secretary shall provide additional direct links to
    information resources from which students may obtain information
    about fraudulent and deceptive practices in the provision of
    services related to student financial aid.
      (4) The Secretary shall widely publicize the location of the
    information described in paragraph (1) among the public, eligible
    institutions, and eligible lenders, and promote the use of such
    information by prospective students, enrolled students, families of
    prospective and enrolled students, and borrowers.
    (e) Disclosures required with respect to athletically related
      student aid
      (1) Each institution of higher education which participates in
    any program under this subchapter and part C of subchapter I of
    chapter 34 of title 42 and is attended by students receiving
    athletically related student aid shall annually submit a report to
    the Secretary which contains - 
        (A) the number of students at the institution of higher
      education who received athletically related student aid broken
      down by race and sex in the following sports: basketball,
      football, baseball, cross country/track, and all other sports
      combined;
        (B) the number of students at the institution of higher
      education, broken down by race and sex;
        (C) the completion or graduation rate for students at the
      institution of higher education who received athletically related
      student aid broken down by race and sex in the following sports:
      basketball, football, baseball, cross country/track and all other
      sports combined;
        (D) the completion or graduation rate for students at the
      institution of higher education, broken down by race and sex;
        (E) the average completion or graduation rate for the 4 most
      recent completing or graduating classes of students at the
      institution of higher education who received athletically related
      student aid broken down by race and sex in the following
      categories: basketball, football, baseball, cross country/track,
      and all other sports combined; and
        (F) the average completion or graduation rate for the 4 most
      recent completing or graduating classes of students at the
      institution of higher education broken down by race and sex.

      (2) When an institution described in paragraph (1) of this
    subsection offers a potential student athlete athletically related
    student aid, such institution shall provide to the student and the
    student's parents, guidance counselor, and coach the information
    contained in the report submitted by such institution pursuant to
    paragraph (1). If the institution is a member of a national
    collegiate athletic association that compiles graduation rate data
    on behalf of the association's member institutions that the
    Secretary determines is substantially comparable to the information
    described in paragraph (1), the distribution of the compilation of
    such data to all secondary schools in the United States shall
    fulfill the responsibility of the institution to provide
    information to a prospective student athlete's guidance counselor
    and coach.
      (3) For purposes of this subsection, institutions may - 
        (A) exclude from the reporting requirements under paragraphs
      (1) and (2) the completion or graduation rates of students and
      student athletes who leave school to serve in the Armed Forces,
      on official church missions, or with a recognized foreign aid
      service of the Federal Government; or
        (B) in cases where the students described in subparagraph (A)
      represent 20 percent or more of the certificate- or degree-
      seeking, full-time, undergraduate students at the institution,
      calculate the completion or graduation rates of such students by
      excluding from the calculations described in paragraph (1) the
      time period during which such students were not enrolled due to
      their service in the Armed Forces, on official church missions,
      or with a recognized foreign aid service of the Federal
      Government.

      (4) Each institution of higher education described in paragraph
    (1) may provide supplemental information to students and the
    Secretary showing the completion or graduation rate when such
    completion or graduation rate includes students transferring into
    and out of such institution.
      (5) The Secretary, using the reports submitted under this
    subsection, shall compile and publish a report containing the
    information required under paragraph (1) broken down by - 
        (A) individual institutions of higher education; and
        (B) athletic conferences recognized by the National Collegiate
      Athletic Association and the National Association of
      Intercollegiate Athletics.

      (6) The Secretary shall waive the requirements of this subsection
    for any institution of higher education that is a member of an
    athletic association or athletic conference that has voluntarily
    published completion or graduation rate data or has agreed to
    publish data that, in the opinion of the Secretary, is
    substantially comparable to the information required under this
    subsection.
      (7) The Secretary, in conjunction with the National Junior
    College Athletic Association, shall develop and obtain data on
    completion or graduation rates from two-year colleges that award
    athletically related student aid. Such data shall, to the extent
    practicable, be consistent with the reporting requirements set
    forth in this section.
      (8) For purposes of this subsection, the term "athletically
    related student aid" means any scholarship, grant, or other form of
    financial assistance the terms of which require the recipient to
    participate in a program of intercollegiate athletics at an
    institution of higher education in order to be eligible to receive
    such assistance.
      (9) The reports required by this subsection shall be due each
    July 1 and shall cover the 1-year period ending August 31 of the
    preceding year.
    (f) Disclosure of campus security policy and campus crime
      statistics
      (1) Each eligible institution participating in any program under
    this subchapter and part C of subchapter I of chapter 34 of title
    42, other than a foreign institution of higher education, shall on
    August 1, 1991, begin to collect the following information with
    respect to campus crime statistics and campus security policies of
    that institution, and beginning September 1, 1992, and each year
    thereafter, prepare, publish, and distribute, through appropriate
    publications or mailings, to all current students and employees,
    and to any applicant for enrollment or employment upon request, an
    annual security report containing at least the following
    information with respect to the campus security policies and campus
    crime statistics of that institution:
        (A) A statement of current campus policies regarding procedures
      and facilities for students and others to report criminal actions
      or other emergencies occurring on campus and policies concerning
      the institution's response to such reports.
        (B) A statement of current policies concerning security and
      access to campus facilities, including campus residences, and
      security considerations used in the maintenance of campus
      facilities.
        (C) A statement of current policies concerning campus law
      enforcement, including - 
          (i) the law enforcement authority of campus security
        personnel;
          (ii) the working relationship of campus security personnel
        with State and local law enforcement agencies, including
        whether the institution has agreements with such agencies, such
        as written memoranda of understanding, for the investigation of
        alleged criminal offenses; and
          (iii) policies which encourage accurate and prompt reporting
        of all crimes to the campus police and the appropriate law
        enforcement agencies.

        (D) A description of the type and frequency of programs
      designed to inform students and employees about campus security
      procedures and practices and to encourage students and employees
      to be responsible for their own security and the security of
      others.
        (E) A description of programs designed to inform students and
      employees about the prevention of crimes.
        (F) Statistics concerning the occurrence on campus, in or on
      noncampus buildings or property, and on public property during
      the most recent calendar year, and during the 2 preceding
      calendar years for which data are available - 
          (i) of the following criminal offenses reported to campus
        security authorities or local police agencies:
            (I) murder;
            (II) sex offenses, forcible or nonforcible;
            (III) robbery;
            (IV) aggravated assault;
            (V) burglary;
            (VI) motor vehicle theft;
            (VII) manslaughter;
            (VIII) arson; and
            (IX) arrests or persons referred for campus disciplinary
          action for liquor law violations, drug-related violations,
          and weapons possession; and

          (ii) of the crimes described in subclauses (I) through (VIII)
        of clause (i), of larceny-theft, simple assault, intimidation,
        and destruction, damage, or vandalism of property, and of other
        crimes involving bodily injury to any person, in which the
        victim is intentionally selected because of the actual or
        perceived race, gender, religion, sexual orientation,
        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.

        (G) A statement of policy concerning the monitoring and
      recording through local police agencies of criminal activity at
      off-campus student organizations which are recognized by the
      institution and that are engaged in by students attending the
      institution, including those student organizations with off-
      campus housing facilities.
        (H) A statement of policy regarding the possession, use, and
      sale of alcoholic beverages and enforcement of State underage
      drinking laws and a statement of policy regarding the possession,
      use, and sale of illegal drugs and enforcement of Federal and
      State drug laws and a description of any drug or alcohol abuse
      education programs as required under section 1011i of this title.
        (I) A statement advising the campus community where law
      enforcement agency information provided by a State under section
      14071(j) (!2) of title 42, concerning registered sex offenders
      may be obtained, such as the law enforcement office of the
      institution, a local law enforcement agency with jurisdiction for
      the campus, or a computer network address.

        (J) A statement of current campus policies regarding immediate
      emergency response and evacuation procedures, including the use
      of electronic and cellular communication (if appropriate), which
      policies shall include procedures to - 
          (i) immediately notify the campus community upon the
        confirmation of a significant emergency or dangerous situation
        involving an immediate threat to the health or safety of
        students or staff occurring on the campus, as defined in
        paragraph (6), unless issuing a notification will compromise
        efforts to contain the emergency;
          (ii) publicize emergency response and evacuation procedures
        on an annual basis in a manner designed to reach students and
        staff; and
          (iii) test emergency response and evacuation procedures on an
        annual basis.

      (2) Nothing in this subsection shall be construed to authorize
    the Secretary to require particular policies, procedures, or
    practices by institutions of higher education with respect to
    campus crimes or campus security.
      (3) Each institution participating in any program under this
    subchapter and part C of subchapter I of chapter 34 of title 42,
    other than a foreign institution of higher education, shall make
    timely reports to the campus community on crimes considered to be a
    threat to other students and employees described in paragraph
    (1)(F) that are reported to campus security or local law police
    agencies. Such reports shall be provided to students and employees
    in a manner that is timely and that will aid in the prevention of
    similar occurrences.
      (4)(A) Each institution participating in any program under this
    subchapter and part C of subchapter I of chapter 34 of title 42,
    other than a foreign institution of higher education, that
    maintains a police or security department of any kind shall make,
    keep, and maintain a daily log, written in a form that can be
    easily understood, recording all crimes reported to such police or
    security department, including - 
        (i) the nature, date, time, and general location of each crime;
      and
        (ii) the disposition of the complaint, if known.

      (B)(i) All entries that are required pursuant to this paragraph
    shall, except where disclosure of such information is prohibited by
    law or such disclosure would jeopardize the confidentiality of the
    victim, be open to public inspection within two business days of
    the initial report being made to the department or a campus
    security authority.
      (ii) If new information about an entry into a log becomes
    available to a police or security department, then the new
    information shall be recorded in the log not later than two
    business days after the information becomes available to the police
    or security department.
      (iii) If there is clear and convincing evidence that the release
    of such information would jeopardize an ongoing criminal
    investigation or the safety of an individual, cause a suspect to
    flee or evade detection, or result in the destruction of evidence,
    such information may be withheld until that damage is no longer
    likely to occur from the release of such information.
      (5) On an annual basis, each institution participating in any
    program under this subchapter and part C of subchapter I of chapter
    34 of title 42, other than a foreign institution of higher
    education, shall submit to the Secretary a copy of the statistics
    required to be made available under paragraph (1)(F). The Secretary
    shall - 
        (A) review such statistics and report to the authorizing
      committees on campus crime statistics by September 1, 2000;
        (B) make copies of the statistics submitted to the Secretary
      available to the public; and
        (C) in coordination with representatives of institutions of
      higher education, identify exemplary campus security policies,
      procedures, and practices and disseminate information concerning
      those policies, procedures, and practices that have proven
      effective in the reduction of campus crime.

      (6)(A) In this subsection:
        (i) The term "campus" means - 
          (I) any building or property owned or controlled by an
        institution of higher education within the same reasonably
        contiguous geographic area of the institution and used by the
        institution in direct support of, or in a manner related to,
        the institution's educational purposes, including residence
        halls; and
          (II) property within the same reasonably contiguous
        geographic area of the institution that is owned by the
        institution but controlled by another person, is used by
        students, and supports institutional purposes (such as a food
        or other retail vendor).

        (ii) The term "noncampus building or property" means - 
          (I) any building or property owned or controlled by a student
        organization recognized by the institution; and
          (II) any building or property (other than a branch campus)
        owned or controlled by an institution of higher education that
        is used in direct support of, or in relation to, the
        institution's educational purposes, is used by students, and is
        not within the same reasonably contiguous geographic area of
        the institution.

        (iii) 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.

      (B) In cases where branch campuses of an institution of higher
    education, schools within an institution of higher education, or
    administrative divisions within an institution are not within a
    reasonably contiguous geographic area, such entities shall be
    considered separate campuses for purposes of the reporting
    requirements of this section.
      (7) The statistics described in 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. Such
    statistics shall not identify victims of crimes or persons accused
    of crimes.
      (8)(A) Each institution of higher education participating in any
    program under this subchapter and part C of subchapter I of chapter
    34 of title 42, other than a foreign institution of higher
    education, shall develop and distribute as part of the report
    described in paragraph (1) a statement of policy regarding - 
        (i) such institution's campus sexual assault programs, which
      shall be aimed at prevention of sex offenses; and
        (ii) the procedures followed once a sex offense has occurred.

      (B) The policy described in subparagraph (A) shall address the
    following areas:
        (i) Education programs to promote the awareness of rape,
      acquaintance rape, and other sex offenses.
        (ii) Possible sanctions to be imposed following the final
      determination of an on-campus disciplinary procedure regarding
      rape, acquaintance rape, or other sex offenses, forcible or
      nonforcible.
        (iii) Procedures students should follow if a sex offense
      occurs, including who should be contacted, the importance of
      preserving evidence as may be necessary to the proof of criminal
      sexual assault, and to whom the alleged offense should be
      reported.
        (iv) Procedures for on-campus disciplinary action in cases of
      alleged sexual assault, which shall include a clear statement
      that - 
          (I) the accuser and the accused are entitled to the same
        opportunities to have others present during a campus
        disciplinary proceeding; and
          (II) both the accuser and the accused shall be informed of
        the outcome of any campus disciplinary proceeding brought
        alleging a sexual assault.

        (v) Informing students of their options to notify proper law
      enforcement authorities, including on-campus and local police,
      and the option to be assisted by campus authorities in notifying
      such authorities, if the student so chooses.
        (vi) Notification of students of existing counseling, mental
      health or student services for victims of sexual assault, both on
      campus and in the community.
        (vii) Notification of students of options for, and available
      assistance in, changing academic and living situations after an
      alleged sexual assault incident, if so requested by the victim
      and if such changes are reasonably available.

      (C) Nothing in this paragraph shall be construed to confer a
    private right of action upon any person to enforce the provisions
    of this paragraph.
      (9) The Secretary shall provide technical assistance in complying
    with the provisions of this section to an institution of higher
    education who requests such assistance.
      (10) Nothing in this section shall be construed to require the
    reporting or disclosure of privileged information.
      (11) The Secretary shall report to the appropriate committees of
    Congress each institution of higher education that the Secretary
    determines is not in compliance with the reporting requirements of
    this subsection.
      (12) For purposes of reporting the statistics with respect to
    crimes described in paragraph (1)(F), an institution of higher
    education shall distinguish, by means of separate categories, any
    criminal offenses that occur - 
        (A) on campus;
        (B) in or on a noncampus building or property;
        (C) on public property; and
        (D) in dormitories or other residential facilities for students
      on campus.

      (13) Upon a determination pursuant to section 1094(c)(3)(B) of
    this title that an institution of higher education has
    substantially misrepresented the number, location, or nature of the
    crimes required to be reported under this subsection, the Secretary
    shall impose a civil penalty upon the institution in the same
    amount and pursuant to the same procedures as a civil penalty is
    imposed under section 1094(c)(3)(B) of this title.
      (14)(A) Nothing in this subsection may be construed to - 
        (i) create a cause of action against any institution of higher
      education or any employee of such an institution for any civil
      liability; or
        (ii) establish any standard of care.

      (B) Notwithstanding any other provision of law, evidence
    regarding compliance or noncompliance with this subsection shall
    not be admissible as evidence in any proceeding of any court,
    agency, board, or other entity, except with respect to an action to
    enforce this subsection.
      (15) The Secretary shall annually report to the authorizing
    committees regarding compliance with this subsection by
    institutions of higher education, including an up-to-date report on
    the Secretary's monitoring of such compliance.
      (16) 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.
      (17) Nothing in this subsection shall be construed to permit an
    institution, or an officer, employee, or agent of an institution,
    participating in any program under this subchapter and part C of
    subchapter I of chapter 34 of title 42 to retaliate, intimidate,
    threaten, coerce, or otherwise discriminate against any individual
    with respect to the implementation of any provision of this
    subsection.
      (18) This subsection may be cited as the "Jeanne Clery Disclosure
    of Campus Security Policy and Campus Crime Statistics Act".
    (g) Data required
      (1) In general
        Each coeducational institution of higher education that
      participates in any program under this subchapter and part C of
      subchapter I of chapter 34 of title 42, and has an
      intercollegiate athletic program, shall annually, for the
      immediately preceding academic year, prepare a report that
      contains the following information regarding intercollegiate
      athletics:
          (A) The number of male and female full-time undergraduates
        that attended the institution.
          (B) A listing of the varsity teams that competed in
        intercollegiate athletic competition and for each such team the
        following data:
            (i) The total number of participants, by team, as of the
          day of the first scheduled contest for the team.
            (ii) Total operating expenses attributable to such teams,
          except that an institution may also report such expenses on a
          per capita basis for each team and expenditures attributable
          to closely related teams such as track and field or swimming
          and diving, may be reported together, although such
          combinations shall be reported separately for men's and
          women's teams.
            (iii) Whether the head coach is male or female and whether
          the head coach is assigned to that team on a full-time or
          part-time basis. Graduate assistants and volunteers who serve
          as head coaches shall be considered to be head coaches for
          the purposes of this clause.
            (iv) The number of assistant coaches who are male and the
          number of assistant coaches who are female for each team and
          whether a particular coach is assigned to that team on a full-
          time or part-time basis. Graduate assistants and volunteers
          who serve as assistant coaches shall be considered to be
          assistant coaches for the purposes of this clause.

          (C) The total amount of money spent on athletically related
        student aid, including the value of waivers of educational
        expenses, separately for men's and women's teams overall.
          (D) The ratio of athletically related student aid awarded
        male athletes to athletically related student aid awarded
        female athletes.
          (E) The total amount of expenditures on recruiting,
        separately for men's and women's teams overall.
          (F) The total annual revenues generated across all men's
        teams and across all women's teams, except that an institution
        may also report such revenues by individual team.
          (G) The average annual institutional salary of the head
        coaches of men's teams, across all offered sports, and the
        average annual institutional salary of the head coaches of
        women's teams, across all offered sports.
          (H) The average annual institutional salary of the assistant
        coaches of men's teams, across all offered sports, and the
        average annual institutional salary of the assistant coaches of
        women's teams, across all offered sports.
          (I)(i) The total revenues, and the revenues from football,
        men's basketball, women's basketball, all other men's sports
        combined and all other women's sports combined, derived by the
        institution from the institution's intercollegiate athletics
        activities.
          (ii) For the purpose of clause (i), revenues from
        intercollegiate athletics activities allocable to a sport shall
        include (without limitation) gate receipts, broadcast revenues,
        appearance guarantees and options, concessions, and
        advertising, but revenues such as student activities fees or
        alumni contributions not so allocable shall be included in the
        calculation of total revenues only.
          (J)(i) The total expenses, and the expenses attributable to
        football, men's basketball, women's basketball, all other men's
        sports combined, and all other women's sports combined, made by
        the institution for the institution's intercollegiate athletics
        activities.
          (ii) For the purpose of clause (i), expenses for
        intercollegiate athletics activities allocable to a sport shall
        include (without limitation) grants-in-aid, salaries, travel,
        equipment, and supplies, but expenses such as general and
        administrative overhead not so allocable shall be included in
        the calculation of total expenses only.
      (2) Special rule
        For the purposes of paragraph (1)(G), if a coach has
      responsibilities for more than one team and the institution does
      not allocate such coach's salary by team, the institution should
      divide the salary by the number of teams for which the coach has
      responsibility and allocate the salary among the teams on a basis
      consistent with the coach's responsibilities for the different
      teams.
      (3) Disclosure of information to students and public
        An institution of higher education described in paragraph (1)
      shall make available to students and potential students, upon
      request, and to the public, the information contained in the
      report described in paragraph (1), except that all students shall
      be informed of their right to request such information.
      (4) Submission; report; information availability
        (A) On an annual basis, each institution of higher education
      described in paragraph (1) shall provide to the Secretary, within
      15 days of the date that the institution makes available the
      report under paragraph (1), the information contained in the
      report.
        (B) The Secretary shall ensure that the reports described in
      subparagraph (A) are made available to the public within a
      reasonable period of time.
        (C) Not later than 180 days after October 7, 1998, the
      Secretary shall notify all secondary schools in all States
      regarding the availability of the information made available
      under paragraph (1), and how such information may be accessed.
      (5) "Operating expenses" defined
        For the purposes of this subsection, the term "operating
      expenses" means expenditures on lodging and meals,
      transportation, officials, uniforms and equipment.
    (h) Transfer of credit policies
      (1) Disclosure
        Each institution of higher education participating in any
      program under this subchapter and part C of subchapter I of
      chapter 34 of title 42 shall publicly disclose, in a readable and
      comprehensible manner, the transfer of credit policies
      established by the institution which shall include a statement of
      the institution's current transfer of credit policies that
      includes, at a minimum - 
          (A) any established criteria the institution uses regarding
        the transfer of credit earned at another institution of higher
        education; and
          (B) a list of institutions of higher education with which the
        institution has established an articulation agreement.
      (2) Rule of construction
        Nothing in this subsection shall be construed to - 
          (A) authorize the Secretary or the National Advisory
        Committee on Institutional Quality and Integrity to require
        particular policies, procedures, or practices by institutions
        of higher education with respect to transfer of credit;
          (B) authorize an officer or employee of the Department to
        exercise any direction, supervision, or control over the
        curriculum, program of instruction, administration, or
        personnel of any institution of higher education, or over any
        accrediting agency or association;
          (C) limit the application of the General Education Provisions
        Act [20 U.S.C. 1221 et seq.]; or
          (D) create any legally enforceable right on the part of a
        student to require an institution of higher education to accept
        a transfer of credit from another institution.
    (i) Disclosure of fire safety standards and measures
      (1) Annual fire safety reports on student housing required
        Each eligible institution participating in any program under
      this subchapter and part C of subchapter I of chapter 34 of title
      42 that maintains on-campus student housing facilities shall, on
      an annual basis, publish a fire safety report, which shall
      contain information with respect to the campus fire safety
      practices and standards of that institution, including - 
          (A) statistics concerning the following in each on-campus
        student housing facility during the most recent calendar years
        for which data are available:
            (i) the number of fires and the cause of each fire;
            (ii) the number of injuries related to a fire that result
          in treatment at a medical facility;
            (iii) the number of deaths related to a fire; and
            (iv) the value of property damage caused by a fire;

          (B) a description of each on-campus student housing facility
        fire safety system, including the fire sprinkler system;
          (C) the number of regular mandatory supervised fire drills;
          (D) policies or rules on portable electrical appliances,
        smoking, and open flames (such as candles), procedures for
        evacuation, and policies regarding fire safety education and
        training programs provided to students, faculty, and staff; and
          (E) plans for future improvements in fire safety, if
        determined necessary by such institution.
      (2) Report to the Secretary
        Each institution described in paragraph (1) shall, on an annual
      basis, submit to the Secretary a copy of the statistics required
      to be made available under paragraph (1)(A).
      (3) Current information to campus community
        Each institution described in paragraph (1) shall - 
          (A) make, keep, and maintain a log, recording all fires in on-
        campus student housing facilities, including the nature, date,
        time, and general location of each fire; and
          (B) make annual reports to the campus community on such
        fires.
      (4) Responsibilities of the Secretary
        The Secretary shall - 
          (A) make the statistics submitted under paragraph (1)(A) to
        the Secretary available to the public; and
          (B) in coordination with nationally recognized fire
        organizations and representatives of institutions of higher
        education, representatives of associations of institutions of
        higher education, and other organizations that represent and
        house a significant number of students - 
            (i) identify exemplary fire safety policies, procedures,
          programs, and practices, including the installation, to the
          technical standards of the National Fire Protection
          Association, of fire detection, prevention, and protection
          technologies in student housing, dormitories, and other
          buildings;
            (ii) disseminate the exemplary policies, procedures,
          programs and practices described in clause (i) to the
          Administrator of the United States Fire Administration;
            (iii) make available to the public information concerning
          those policies, procedures, programs, and practices that have
          proven effective in the reduction of fires; and
            (iv) develop a protocol for institutions to review the
          status of their fire safety systems.
      (5) Rules of construction
        Nothing in this subsection shall be construed to - 
          (A) authorize the Secretary to require particular policies,
        procedures, programs, or practices by institutions of higher
        education with respect to fire safety, other than with respect
        to the collection, reporting, and dissemination of information
        required by this subsection;
          (B) affect section 444 of the General Education Provisions
        Act [20 U.S.C. 1232g] (commonly known as the "Family
        Educational Rights and Privacy Act of 1974") or the regulations
        issued under section 264 of the Health Insurance Portability
        and Accountability Act of 1996 (42 U.S.C. 1320d-2 note);
          (C) create a cause of action against any institution of
        higher education or any employee of such an institution for any
        civil liability; or
          (D) establish any standard of care.
      (6) Compliance report
        The Secretary shall annually report to the authorizing
      committees regarding compliance with this subsection by
      institutions of higher education, including an up-to-date report
      on the Secretary's monitoring of such compliance.
      (7) Evidence
        Notwithstanding any other provision of law, evidence regarding
      compliance or noncompliance with this subsection shall not be
      admissible as evidence in any proceeding of any court, agency,
      board, or other entity, except with respect to an action to
      enforce this subsection.
    (j) Missing person procedures
      (1) Option and procedures
        Each institution of higher education that provides on-campus
      housing and participates in any program under this subchapter and
      part C of subchapter I of chapter 34 of title 42 shall - 
          (A) establish a missing student notification policy for
        students who reside in on-campus housing that - 
            (i) informs each such student that such student has the
          option to identify an individual to be contacted by the
          institution not later than 24 hours after the time that the
          student is determined missing in accordance with official
          notification procedures established by the institution under
          subparagraph (B);
            (ii) provides each such student a means to register
          confidential contact information in the event that the
          student is determined to be missing for a period of more than
          24 hours;
            (iii) advises each such student who is under 18 years of
          age, and not an emancipated individual, that the institution
          is required to notify a custodial parent or guardian not
          later 24 hours after the time that the student is determined
          to be missing in accordance with such procedures;
            (iv) informs each such residing student that the
          institution will notify the appropriate law enforcement
          agency not later than 24 hours after the time that the
          student is determined missing in accordance with such
          procedures; and
            (v) requires, if the campus security or law enforcement
          personnel has been notified and makes a determination that a
          student who is the subject of a missing person report has
          been missing for more than 24 hours and has not returned to
          the campus, the institution to initiate the emergency contact
          procedures in accordance with the student's designation; and

          (B) establish official notification procedures for a missing
        student who resides in on-campus housing that - 
            (i) includes procedures for official notification of
          appropriate individuals at the institution that such student
          has been missing for more than 24 hours;
            (ii) requires any official missing person report relating
          to such student be referred immediately to the institution's
          police or campus security department; and
            (iii) if, on investigation of the official report, such
          department determines that the missing student has been
          missing for more than 24 hours, requires - 
              (I) such department to contact the individual identified
            by such student under subparagraph (A)(i);
              (II) if such student is under 18 years of age, and not an
            emancipated individual, the institution to immediately
            contact the custodial parent or legal guardian of such
            student; and
              (III) if subclauses (I) or (II) do not apply to a student
            determined to be a missing person, inform the appropriate
            law enforcement agency.
      (2) Rule of construction
        Nothing in this subsection shall be construed - 
          (A) to provide a private right of action to any person to
        enforce any provision of this subsection; or
          (B) to create a cause of action against any institution of
        higher education or any employee of the institution for any
        civil liability.
    (k) Notice to students concerning penalties for drug violations
      (1) Notice upon enrollment
        Each institution of higher education shall provide to each
      student, upon enrollment, a separate, clear, and conspicuous
      written notice that advises the student of the penalties under
      section 1091(r) of this title.
      (2) Notice after loss of eligibility
        An institution of higher education shall provide in a timely
      manner to each student who has lost eligibility for any grant,
      loan, or work-study assistance under this subchapter and part C
      of subchapter I of chapter 34 of title 42 as a result of the
      penalties listed under section 1091(r)(1) of this title a
      separate, clear, and conspicuous written notice that notifies the
      student of the loss of eligibility and advises the student of the
      ways in which the student can regain eligibility under section
      1091(r)(2) of this title.
    (l) Entrance counseling for borrowers
      (1) Disclosure required prior to disbursement
        (A) In general
          Each eligible institution shall, at or prior to the time of a
        disbursement to a first-time borrower of a loan made, insured,
        or guaranteed under part B (other than a loan made pursuant to
        section 1078-3 of this title or a loan made on behalf of a
        student pursuant to section 1078-2 of this title) or made under
        part C (other than a Federal Direct Consolidation Loan or a
        Federal Direct PLUS loan made on behalf of a student), ensure
        that the borrower receives comprehensive information on the
        terms and conditions of the loan and of the responsibilities
        the borrower has with respect to such loan in accordance with
        paragraph (2). Such information - 
            (i) shall be provided in a simple and understandable
          manner; and
            (ii) may be provided - 
              (I) during an entrance counseling session conduction in
            person;
              (II) on a separate written form provided to the borrower
            that the borrower signs and returns to the institution; or
              (III) online, with the borrower acknowledging receipt of
            the information.
        (B) Use of interactive programs
          The Secretary shall encourage institutions to carry out the
        requirements of subparagraph (A) through the use of interactive
        programs that test the borrower's understanding of the terms
        and conditions of the borrower's loans under part B or C, using
        simple and understandable language and clear formatting.
      (2) Information to be provided
        The information to be provided to the borrower under paragraph
      (1)(A) shall include the following:
          (A) To the extent practicable, the effect of accepting the
        loan to be disbursed on the eligibility of the borrower for
        other forms of student financial assistance.
          (B) An explanation of the use of the master promissory note.
          (C) Information on how interest accrues and is capitalized
        during periods when the interest is not paid by either the
        borrower or the Secretary.
          (D) In the case of a loan made under section 1078-2 or 1078-8
        of this title, a Federal Direct PLUS Loan, or a Federal Direct
        Unsubsidized Stafford Loan, the option of the borrower to pay
        the interest while the borrower is in school.
          (E) The definition of half-time enrollment at the
        institution, during regular terms and summer school, if
        applicable, and the consequences of not maintaining half-time
        enrollment.
          (F) An explanation of the importance of contacting the
        appropriate offices at the institution of higher education if
        the borrower withdraws prior to completing the borrower's
        program of study so that the institution can provide exit
        counseling, including information regarding the borrower's
        repayment options and loan consolidation.
          (G) Sample monthly repayment amounts based on - 
            (i) a range of levels of indebtedness of - 
              (I) borrowers of loans under section 1078 or 1078-8 of
            this title; and
              (II) as appropriate, graduate borrowers of loans under
            section 1078, 1078-2, or 1078-8 of this title; or

            (ii) the average cumulative indebtedness of other borrowers
          in the same program as the borrower at the same institution.

          (H) The obligation of the borrower to repay the full amount
        of the loan, regardless of whether the borrower completes or
        does not complete the program in which the borrower is enrolled
        within the regular time for program completion.
          (I) The likely consequences of default on the loan, including
        adverse credit reports, delinquent debt collection procedures
        under Federal law, and litigation.
          (J) Information on the National Student Loan Data System and
        how the borrower can access the borrower's records.
          (K) The name of and contact information for the individual
        the borrower may contact if the borrower has any questions
        about the borrower's rights and responsibilities or the terms
        and conditions of the loan.
    (m) Disclosures of reimbursements for service on advisory boards
      (1) Disclosure
        Each institution of higher education participating in any
      program under this subchapter and part C of subchapter I of
      chapter 34 of title 42 shall report, on an annual basis, to the
      Secretary, any reasonable expenses paid or provided under section
      1650(d) of title 15 to any employee who is employed in the
      financial aid office of the institution, or who otherwise has
      responsibilities with respect to education loans or other
      financial aid of the institution. Such reports shall include - 
          (A) the amount for each specific instance of reasonable
        expenses paid or provided;
          (B) the name of the financial aid official, other employee,
        or agent to whom the expenses were paid or provided;
          (C) the dates of the activity for which the expenses were
        paid or provided; and
          (D) a brief description of the activity for which the
        expenses were paid or provided.
      (2) Report to Congress
        The Secretary shall summarize the information received from
      institutions of higher education under paragraph (1) in a report
      and transmit such report annually to the authorizing committees.