20 U.S.C. § 1015 — Improvements in market information and

Page 215 TITLE 20—EDUCATION § 1015 (d) Certification Each institution of higher education or other postsecondary educational institution receiving Federal funding under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), as a condition for receiving such funding, shall annually certify to the Secretary of Education that the require- ments of subsections (a) through (c) have been met. (e) Actions to implement and enforce The Secretary of Education shall take such actions as are necessary to ensure that the pro- visions of this section are implemented and en- forced. (Pub. L. 110–315, title I, § 119, Aug. 14, 2008, 122 Stat. 3117.) Editorial Notes REFERENCES IN TEXT The Higher Education Act of 1965, referred to in sub- secs. (a), (c), and (d), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. CODIFICATION Section was enacted as part of the Higher Education Opportunity Act, and not as part of the Higher Edu- cation Act of 1965 which comprises this chapter. PRIOR PROVISIONS A prior section 1012, Pub. L. 89–329, title I, § 112, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1282, related to establishment of off-campus program grants, prior to the general amendment of this sub- chapter by Pub. L. 102–325. Another prior section 1012, Pub. L. 89–329, title I, § 112, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1377, provided for State allotments including per- centage breakdown and cases of States not conducting comprehensive statewide planning, prior to the general amendment of this subchapter by Pub. L. 99–498. A prior section 1013, Pub. L. 89–329, title I, § 113, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1284, related to adult and continuing education staff de- velopment, prior to the general amendment of this sub- chapter by Pub. L. 102–325. Another prior section 1013, Pub. L. 89–329, title I, § 113, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1378; amended Pub. L. 97–300, title I, § 183, Oct. 13, 1982, 96 Stat. 1357; Pub. L. 98–524, § 4(c)(1), Oct. 19, 1984, 98 Stat. 2488, related to comprehensive statewide plan- ning with respect to education outreach programs, prior to the general amendment of this subchapter by Pub. L. 99–498. A prior section 1014, Pub. L. 89–329, title I, § 114, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1285, related to administration of programs by Sec- retary, prior to the general amendment of this sub- chapter by Pub. L. 102–325. Another prior section 1014, Pub. L. 89–329, title I, § 114, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1379; amended Pub. L. 97–300, title I, § 183, Oct. 13, 1982, 96 Stat. 1357; Pub. L. 98–524, § 4(c)(2), Oct. 19, 1984, 98 Stat. 2488, related to information services, prior to the general amendment of this subchapter by Pub. L. 99–498. PART C—COST OF HIGHER EDUCATION § 1015. Improvements in market information and public accountability in higher education (a) Improved data collection (1) Development of uniform methodology The Secretary shall direct the Commissioner of Education Statistics to convene a series of forums to develop nationally consistent meth- odologies for reporting costs incurred by post- secondary institutions in providing postsec- ondary education. (2) Redesign of data systems On the basis of the methodologies developed pursuant to paragraph (1), the Secretary shall redesign relevant parts of the postsecondary education data systems to improve the useful- ness and timeliness of the data collected by such systems. (3) Information to institutions The Commissioner of Education Statistics shall— (A) develop a standard definition for the following data elements: (i) tuition and fees for a full-time under- graduate student; (ii) cost of attendance for a full-time un- dergraduate student, consistent with the provisions of section 1087ll of this title; (iii) average amount of financial assist- ance received by an undergraduate student who attends an institution of higher edu- cation, including— (I) each type of assistance or benefit described in section 1078(a)(2)(C)(ii) of this title; (II) fellowships; and (III) institutional and other assistance; and (iv) number of students receiving finan- cial assistance described in each of sub- clauses (I), (II), and (III) of clause (iii); (B) not later than 90 days after October 7, 1998, report the definitions to each institu- tion of higher education and within a rea- sonable period of time thereafter inform the authorizing committees of those definitions; and (C) collect information regarding the data elements described in subparagraph (A) with respect to at least all institutions of higher education participating in programs under subchapter IV, beginning with the informa- tion from academic year 2000–2001 and annu- ally thereafter. (b) Data dissemination The Secretary shall make available the data collected pursuant to subsection (a). Such data shall be available in a form that permits the re- view and comparison of the data submissions of individual institutions of higher education. Such data shall be presented in a form that is easily understandable and allows parents and students to make informed decisions based on the costs for typical full-time undergraduate students. Page 216 TITLE 20—EDUCATION § 1015 (c) Study (1) In general The Commissioner of Education Statistics shall conduct a national study of expenditures at institutions of higher education. Such study shall include information with respect to— (A) the change in tuition and fees com- pared with the consumer price index and other appropriate measures of inflation; (B) faculty salaries and benefits; (C) administrative salaries, benefits and expenses; (D) academic support services; (E) research; (F) operations and maintenance; and (G) institutional expenditures for con- struction and technology and the potential cost of replacing instructional buildings and equipment. (2) Evaluation The study shall include an evaluation of— (A) changes over time in the expenditures identified in paragraph (1); (B) the relationship of the expenditures identified in paragraph (1) to college costs; and (C) the extent to which increases in insti- tutional financial aid and tuition dis- counting practices affect tuition increases, including the demographics of students re- ceiving such discounts, the extent to which financial aid is provided to students with limited need in order to attract a student to a particular institution, and the extent to which Federal financial aid, including loan aid, has been used to offset the costs of such practices. (3) Final report The Commissioner of Education Statistics shall submit a report regarding the findings of the study required by paragraph (1) to the ap- propriate committees of Congress not later than September 30, 2002. (4) Higher education market basket The Bureau of Labor Statistics, in consulta- tion with the Commissioner of Education Sta- tistics, shall develop a higher education mar- ket basket that identifies the items that com- prise the costs of higher education. The Bu- reau of Labor Statistics shall provide a report on the market basket to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Work- force of the House of Representatives not later than September 30, 2002. (5) Fines In addition to actions authorized in section 1094(c) of this title, the Secretary may impose a fine in an amount not to exceed $25,000 on an institution of higher education for failing to provide the information described in para- graph (1) in a timely and accurate manner, or for failing to otherwise cooperate with the Na- tional Center for Education Statistics regard- ing efforts to obtain data on the cost of higher education under this section and pursuant to the program participation agreement entered into under section 1094 of this title. (d) Promotion of the Department of Education Federal student financial aid website The Secretary shall display a link to the Fed- eral student financial aid website of the Depart- ment in a prominent place on the homepage of the Department’s website. (e) Enhanced student financial aid information (1) Implementation The Secretary shall continue to improve the usefulness and accessibility of the information provided by the Department on college plan- ning and student financial aid. (2) Dissemination The Secretary shall continue to make the availability of the information on the Federal student financial aid website of the Depart- ment widely known, through a major media campaign and other forms of communication. (3) Coordination As a part of the efforts required under this subsection, the Secretary shall create one website accessible from the Department’s website that fulfills the requirements under subsections (b), (f), and (g). (f) Improved availability and coordination of in- formation concerning student financial aid programs for military members and veterans (1) Coordination The Secretary, in coordination with the Sec- retary of Defense and the Secretary of Vet- erans Affairs, shall create a searchable website that— (A) contains information, in simple and understandable terms, about all Federal and State student financial assistance, readmis- sion requirements under section 1091c of this title, and other student services, for which members of the Armed Forces (including members of the National Guard and Re- serves), veterans, and the dependents of such members or veterans may be eligible; and (B) is easily accessible through the website described in subsection (e)(3). (2) Implementation Not later than one year after August 14, 2008, the Secretary shall make publicly available the Armed Forces information website de- scribed in paragraph (1). (3) Dissemination The Secretary, in coordination with the Sec- retary of Defense and the Secretary of Vet- erans Affairs, shall make the availability of the Armed Forces information website de- scribed in paragraph (1) widely known to mem- bers of the Armed Forces (including members of the National Guard and Reserves), veterans, the dependents of such members or veterans, States, institutions of higher education, and the general public. (4) Definition In this subsection, the term ‘‘Federal and State student financial assistance’’ means any grant, loan, work assistance, tuition assist- ance, scholarship, fellowship, or other form of financial aid for pursuing a postsecondary edu- cation that is— Page 217 TITLE 20—EDUCATION § 1015 (A) administered, sponsored, or supported by the Department of Education, the Depart- ment of Defense, the Department of Vet- erans Affairs, or a State; and (B) available to members of the Armed Forces (including members of the National Guard and Reserves), veterans, or the de- pendents of such members or veterans. (g) Promotion of availability of information con- cerning other student financial aid programs (1) Definition For purposes of this subsection, the term ‘‘nondepartmental student financial assist- ance program’’ means any grant, loan, schol- arship, fellowship, or other form of financial aid for students pursuing a postsecondary edu- cation that is— (A) distributed directly to the student or to the student’s account at an institution of higher education; and (B) operated, sponsored, or supported by a Federal department or agency other than the Department of Education. (2) Availability of other student financial aid information The Secretary shall ensure that— (A) not later than 90 days after the Sec- retary receives the information required under paragraph (3), the eligibility require- ments, application procedures, financial terms and conditions, and other relevant in- formation for each nondepartmental student financial assistance program are searchable and accessible through the Federal student financial aid website in a manner that is simple and understandable for students and the students’ families; and (B) the website displaying the information described in subparagraph (A) includes a link to the National Database on Financial Assistance for the Study of Science, Tech- nology, Engineering, and Mathematics pur- suant to paragraph (4), and the information on military benefits under subsection (f), once such Database and information are available. (3) Nondepartmental student financial assist- ance programs The Secretary shall request all Federal de- partments and agencies to provide the infor- mation described in paragraph (2)(A), and each Federal department or agency shall— (A) promptly respond to surveys or other requests from the Secretary for the informa- tion described in such paragraph; and (B) identify for the Secretary any non- departmental student financial assistance program operated, sponsored, or supported by such Federal department or agency. (4) National STEM Database (A) In general The Secretary shall establish and main- tain, on the website described in subsection (e)(3), a National Database on Financial As- sistance for the Study of Science, Tech- nology, Engineering, and Mathematics (in this paragraph referred to as the ‘‘STEM Database’’). The STEM Database shall con- sist of information on scholarships, fellow- ships, and other programs of Federal, State, local, and, to the maximum extent prac- ticable, private financial assistance avail- able for the study of science, technology, en- gineering, or mathematics at the postsec- ondary and postbaccalaureate levels. (B) Database contents The information maintained on the STEM Database shall be displayed on the website in the following manner: (i) Separate information The STEM Database shall provide sepa- rate information for each of the fields of science, technology, engineering, and mathematics, and for postsecondary and postbaccalaureate programs of financial assistance. (ii) Information on targeted assistance The STEM Database shall provide spe- cific information on any program of finan- cial assistance that is targeted to individ- uals based on financial need, merit, or stu- dent characteristics. (iii) Contact and website information The STEM Database shall provide— (I) standard contact information that an interested person may use to contact a sponsor of any program of financial as- sistance included in the STEM Database; and (II) if such sponsor maintains a public website, a link to the website. (iv) Search and match capabilities The STEM Database shall— (I) have a search capability that per- mits an individual to search for informa- tion on the basis of each category of the information provided through the STEM Database and on the basis of combina- tions of categories of the information provided, including— (aa) whether the financial assistance is need- or merit-based; and (bb) by relevant academic majors; and (II) have a match capability that— (aa) searches the STEM Database for all financial assistance opportunities for which an individual may be quali- fied to apply, based on the student characteristics provided by such indi- vidual; and (bb) provides information to an indi- vidual for only those opportunities for which such individual is qualified, based on the student characteristics provided by such individual. (v) Recommendation and disclaimer The STEM Database shall provide, to the users of the STEM Database— (I) a recommendation that students and families should carefully review all of the application requirements prior to applying for any aid or program of stu- dent financial assistance; and (II) a disclaimer that the non-Federal programs of student financial assistance Page 218 TITLE 20—EDUCATION § 1015a presented in the STEM Database are not provided or endorsed by the Department or the Federal Government. (C) Compilation of financial assistance infor- mation In carrying out this paragraph, the Sec- retary shall— (i) consult with public and private sources of scholarships, fellowships, and other programs of student financial assist- ance; and (ii) make easily available a process for such entities to provide regular and up- dated information about the scholarships, fellowships, or other programs of student financial assistance. (D) Contract authorized In carrying out the requirements of this paragraph, the Secretary is authorized to enter into a contract with a private entity with demonstrated expertise in creating and maintaining databases such as the one re- quired under this paragraph, under which contract the entity shall furnish, and regu- larly update, all of the information required to be maintained on the STEM Database. (5) Dissemination of information The Secretary shall take such actions, on an ongoing basis, as may be necessary to dissemi- nate information under this subsection and to encourage the use of the information by inter- ested parties, including sending notices to sec- ondary schools and institutions of higher edu- cation. (h) No user fees for Department financial aid websites No fee shall be charged to any individual to access— (1) a database or website of the Department that provides information about higher edu- cation programs or student financial assist- ance, including the College Navigator website (or successor website) and the websites and databases described in this section and section 1015a of this title; or (2) information about higher education pro- grams or student financial assistance avail- able through a database or website of the De- partment. (Pub. L. 89–329, title I, § 131, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1602; amended Pub. L. 110–315, title I, §§ 103(b)(1), 110, Aug. 14, 2008, 122 Stat. 3088, 3094; Pub. L. 111–39, title I, § 101(b)(3), July 1, 2009, 123 Stat. 1935.) Editorial Notes PRIOR PROVISIONS A prior section 1015, Pub. L. 89–329, title I, § 131, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 465, authorized grants to eligible partnerships for education telecommunications activities, prior to the general amendment of this subchapter by Pub. L. 105–244. Another prior section 1015, Pub. L. 89–329, title I, § 115, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1285, authorized appropriations for former part A of this subchapter, prior to the general amendment of this subchapter by Pub. L. 102–325. Another prior section 1015, Pub. L. 89–329, title I, § 115, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1380, related to continuing education, prior to the general amendment of this subchapter by Pub. L. 99–498. Another prior section 1015, Pub. L. 89–329, title I, § 131, as added Pub. L. 94–482, title I, § 101(g)(3), Oct. 12, 1976, 90 Stat. 2086, set out the Congressional findings with re- gard to the lifelong learning program, prior to the gen- eral amendment of this subchapter by Pub. L. 96–374. A prior section 131 of Pub. L. 89–329, title I, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1286, related to National Advisory Council on Continuing Education and was classified to section 1017 of this title, prior to the general amendment of this sub- chapter by Pub. L. 102–325. AMENDMENTS 2009—Subsec. (a)(3)(A)(iii)(I). Pub. L. 111–39 sub- stituted ‘‘section 1078(a)(2)(C)(ii)’’ for ‘‘section 1078(a)(2)(C)(i)’’. 2008—Subsec. (a)(3)(B). Pub. L. 110–315, § 103(b)(1), sub- stituted ‘‘authorizing committees’’ for ‘‘Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives’’. Subsecs. (d), (e). Pub. L. 110–315, § 110(a), added sub- secs. (d) and (e) and struck out former subsec. (d), which required the Secretary to survey student aid re- cipients on a regular cycle, but not less than once every 3 years. Subsecs. (f), (g). Pub. L. 110–315, § 110(b), added sub- secs. (f) and (g). Subsec. (h). Pub. L. 110–315, § 110(c), added subsec. (h). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. STUDENT-RELATED DEBT STUDY REQUIRED Pub. L. 105–244, title VIII, § 803, Oct. 7, 1998, 112 Stat. 1805, which required the Secretary of Education to con- duct a study to analyze the distribution and increase in student-related debt, submit a report to congressional committees, and include certain information as part of the comparative information provided to families about the costs of higher education, was repealed by Pub. L. 110–315, title IX, § 931(1), Aug. 14, 2008, 122 Stat. 3456. § 1015a. Transparency in college tuition for con- sumers (a) Definitions In this section: (1) College Navigator website The term ‘‘College Navigator website’’ means the College Navigator website operated by the Department and includes any successor website. (2) Cost of attendance The term ‘‘cost of attendance’’ means the average annual cost of tuition and fees, room and board, books, supplies, and transportation for an institution of higher education for a