20 U.S.C. § 1161m — Incentives and rewards for low tuition

Page 856 TITLE 20—EDUCATION § 1161m the survey tool developed pursuant to this sec- tion to ensure, to the maximum extent prac- ticable, that an adequate, random, and rep- resentative sample size of students (as deter- mined by the Secretary) enrolled at the institu- tion complete the survey tool developed pursu- ant to this section. (f) Report (1) In general Beginning not later than 2 years after March 15, 2022, the Secretary of Education shall— (A) prepare a biennial report on the infor- mation gained from the standardized ele- ments of the survey under this section and publish such report in an accessible format on the website of the Department of Edu- cation, including as part of any online con- sumer tool offered or supported by the De- partment of Education that provides infor- mation to students regarding specific post- secondary educational institutions, such as the College Scorecard or any successor or similar tool; and (B) submit such report to Congress. (2) Inclusions and exclusions The report required to be prepared under paragraph (1)— (A) shall include campus-level data for each institution and attributed by name of each campus in a manner that permits com- parisons across institutions and campuses; and (B) shall not publish any individual survey responses. (g) Publication Each institution of higher education shall publish, in a manner that is readily accessible and usable by individuals, including individuals with disabilities— (1) the campus-level results of the standard- ized elements of the survey under this section on the website of the institution and in the bi- ennial report required under subsection (f) for the campuses affiliated with the institution; and (2) the campus-level results of the additional elements modifying the survey by the institu- tion, if any, on the website of the institution. (Pub. L. 117–103, div. W, title XV, § 1507, Mar. 15, 2022, 136 Stat. 959.) Editorial Notes CODIFICATION Section was enacted as part of the Violence Against Women Act Reauthorization Act of 2022, and also as part of the Consolidated Appropriations Act, 2022, and not as part of the Higher Education Act of 1965 which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade. DEFINITIONS For definitions of terms used in this section, see sec- tion 12291 of Title 34, Crime Control and Law Enforce- ment, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of Title 34. PART M—LOW TUITION § 1161m. Incentives and rewards for low tuition (a) Rewards for low tuition (1) Grants From funds made available under subsection (e), the Secretary shall award grants to insti- tutions of higher education that, for academic year 2009–2010 or any succeeding academic year— (A) have an annual tuition and fee in- crease, expressed as a percentage change, for the most recent academic year for which satisfactory data is available, that is in the lowest 20 percent of such increases for each category described in subsection (b); (B) are public institutions of higher edu- cation that have tuition and fees that are in the lowest quartile of institutions in each category described in subsection (b)(1), (b)(4), or (b)(7); or (C) are public institutions of higher edu- cation that have a tuition and fee increase of less than $600 for a first-time, full-time undergraduate student. (2) Use of funds Funds awarded to an institution of higher education under paragraph (1) shall be distrib- uted by the institution in the form of need- based grant aid to students who are eligible for Federal Pell Grants, except that no stu- dent shall receive an amount under this sec- tion that would cause the amount of total fi- nancial aid received by such student to exceed the cost of attendance of the institution. (b) Categories of institutions The categories of institutions described in subsection (a) shall be the following: (1) four-year public institutions of higher education; (2) four-year private, nonprofit institutions of higher education; (3) four-year private, for-profit institutions of higher education; (4) two-year public institutions of higher education; (5) two-year private, nonprofit institutions of higher education; (6) two-year private, for-profit institutions of higher education; (7) less than two-year public institutions of higher education; (8) less than two-year private, nonprofit in- stitutions of higher education; and (9) less than two-year private, for-profit in- stitutions of higher education. (c) Rewards for guaranteed tuition (1) Bonus For each institution of higher education that the Secretary determines complies with the requirements of paragraph (2) or (3) of this subsection, the Secretary shall provide to such institution a bonus amount. Such institution shall award the bonus amount in the form of Page 857 TITLE 20—EDUCATION § 1161n–1 need-based aid first to students who are eligi- ble for Federal Pell Grants who were in at- tendance at the institution during the award year that such institution satisfied the eligi- bility criteria for maintaining low tuition and fees, then to students who are eligible for Fed- eral Pell Grants who were not in attendance at the institution during such award year. (2) Four-year institutions An institution of higher education that pro- vides a program of instruction for which it awards a bachelor’s degree complies with the requirements of this paragraph if— (A) for a public institution of higher edu- cation, such institution’s tuition and fees are in the lowest quartile of institutions in the same category as described under sub- section (b); or (B) for any institution of higher education, such institution guarantees that for any academic year (or the equivalent) beginning on or after July 1, 2009, and for each of the four succeeding continuous academic years, the tuition and fees charged to an under- graduate student will not exceed— (i) for a public institution of higher edu- cation, $600 per year for a full-time under- graduate student; or (ii) for any other institution of higher education— (I) the amount that the student was charged for an academic year at the time the student first enrolled in the institu- tion of higher education, plus (II) the percentage change in tuition and fees at the institution for the three most recent academic years for which data is available, multiplied by the amount determined under subclause (I). (3) Less-than four-year institutions An institution of higher education that does not provide a program of instruction for which it awards a bachelor’s degree complies with the requirements of this paragraph if— (A) for a public institution of higher edu- cation, such institution’s tuition is in the lowest quartile of institutions in the same category as described under subsection (b); or (B) for any institution of higher education, such institution guarantees that for any academic year (or the equivalent) beginning on or after July 1, 2009, and for each of the 1.5 succeeding continuous academic years, the tuition and fees charged to an under- graduate student will not exceed— (i) for a public institution of higher edu- cation, $600 per year for a full-time under- graduate student; or (ii) for any other institution of higher education— (I) the amount that the student was charged for an academic year at the time the student first enrolled in the institu- tion of higher education, plus (II) the percentage change in tuition and fees at the institution for the three most recent academic years for which data is available, multiplied by the amount determined under subclause (I). (d) Definitions In this section, the terms ‘‘tuition and fees’’ and ‘‘net price’’ have the meaning given to such terms in section 1015a of this title. (e) Authorization There are authorized to be appropriated to carry out this section such sums as may be nec- essary for fiscal year 2009 and each of the five succeeding fiscal years. (Pub. L. 89–329, title VIII, § 830, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3413; amended Pub. L. 111–39, title VIII, § 801(10), July 1, 2009, 123 Stat. 1956.) Editorial Notes AMENDMENTS 2009—Subsec. (a)(1)(B). Pub. L. 111–39 substituted ‘‘of institutions’’ for ‘‘of for institutions’’. Statutory Notes and Related Subsidiaries 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. PART N—COOPERATIVE EDUCATION § 1161n. Statement of purpose; definition (a) Purpose It is the purpose of this part to award grants to institutions of higher education or consortia of such institutions to encourage such institu- tions to develop and make available to their stu- dents work experience that will aid such stu- dents in future careers and will enable such stu- dents to support themselves financially while in school. (b) Definition In this part the term ‘‘cooperative education’’ means the provision of alternating or parallel periods of academic study and public or private employment to give students work experiences related to their academic or occupational objec- tives and an opportunity to earn the funds nec- essary for continuing and completing their edu- cation. (Pub. L. 89–329, title VIII, § 831, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3415.) § 1161n–1. Reservations (a) Reservations Of the amount appropriated to carry out this part in each fiscal year— (1) not less than 50 percent shall be available for awarding grants to institutions of higher education and consortia of such institutions described in section 1161n–2(a)(1)(A) of this title for cooperative education under section 1161n–2 of this title; (2) not less than 25 percent shall be available for awarding grants to institutions of higher education described in section 1161n–2(a)(1)(B) of this title for cooperative education under section 1161n–2 of this title;