[House Report 119-447]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 119-447
=======================================================================
PREGNANT STUDENTS' RIGHTS ACT
----------------
January 14, 2026.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
----------------
Mr. Walberg, from the Committee on Education and Workforce,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 6359]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and Workforce, to whom was
referred the bill (H.R. 6359) to require institutions of higher
education to disseminate information on the rights of, and
accommodations and resources for, pregnant students, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pregnant Students' Rights Act''.
SEC. 2. NOTICE OF PREGNANT STUDENT RIGHTS, ACCOMMODATIONS, AND
RESOURCES.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended by adding at the end the following:
``(n) Pregnant Students' Rights, Accommodations, and Resources.--
``(1) In general.--Each institution of higher education
participating in any program under this title shall carry out
the information dissemination activities described in paragraph
(3) for prospective and enrolled students (including those
attending or planning to attend less than full time) regarding
the information described in paragraph (2) on the rights of,
and resources (including protections and accommodations) for,
pregnant students to carry a baby to term and students who may
become pregnant while enrolled at such institution of higher
education to carry a baby to term.
``(2) Information content.--The information described in this
paragraph is the following:
``(A) A list of resources on campus and in the
community that exist to help a pregnant student in
carrying the baby to term and caring for the baby after
birth.
``(B) Information about the accommodations available
to help a pregnant student carry the baby to term and
parent the baby after birth.
``(C) Information on how to file a complaint with--
``(i) the Department of Education, if a
student believes there was a violation by the
institution of title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.) on
account of such student's determination to
carry a baby to term; and
``(ii) the institution, if a student believes
the student has been discriminated against in
violation of such title IX on account of the
student's determination to carry a baby to
term.
``(3) Information dissemination activities.--The information
dissemination activities described in this paragraph shall
include--
``(A) an email to each enrolled student at least once
each academic year; and
``(B) the provision of information--
``(i) in student handbooks, if any;
``(ii) at each orientation for enrolled
students;
``(iii) at student health or counseling
centers, if any; and
``(iv) on the publicly available website of
the institution of higher education.
``(4) Rule of construction.--Nothing in this subsection shall
be construed to authorize the Secretary to require the
dissemination of additional information, or establish
additional rights, beyond the information and rights included
in this subsection.''.
Purpose
H.R. 6359 amends the Higher Education Act of 1965 (HEA) to
require institutions of higher education to disseminate
information on the rights of, and accommodations and resources
for, pregnant students to carry a baby to term.
Committee Action
118TH CONGRESS
First Session--Hearings
On May 16, 2023, the Committee on Education and the
Workforce held a hearing on ``Examining the Policies and
Priorities of the U.S. Department of Education.'' The purpose
of the hearing was to examine the policies and the budget
priorities of the U.S. Department of Education. During the
hearing, Representative Aaron Bean (R-FL), when questioning
Secretary Cardona, stated that policies need to be created to
help non-traditional students, specifically single mothers,
complete their postsecondary education. Testifying before the
Committee was Miguel Cardona, Secretary, U.S. Department of
Education, Washington, DC.
On June 14, 2023, the Subcommittee on Higher Education and
Workforce Development held a hearing on ``Postsecondary
Innovation: Preparing Today's Students for Tomorrow's
Opportunities.'' During the hearing, Subcommittee Chairman
Burgess Owens (R-UT) identified lingering issues that non-
traditional students face. Testifying before the Subcommittee
were Dr. Tim Renick, Executive Director, National Institute for
Student Success, Georgia State University, Atlanta, GA; Mr.
Keith Shoates, Chief Operating Officer, Student Freedom
Initiative, Washington, DC; Ms. Lanae Erickson, Senior Vice
President for Social Policy, Education and Politics, Third Way,
Washington, DC; Dr. Lori Carrell, Chancellor, University of
Minnesota Rochester and Co-Director, College-in-3 Initiative,
Rochester, MN.
Second Session--Legislative Action
On January 5, 2024, Representative Ashley Hinson (R-IA)
introduced H.R. 6914, the Pregnant Students' Rights Act. The
bill was referred solely to the Committee on Education and the
Workforce. On January 10, 2024, the Committee considered H.R.
6914 in legislative session and reported it favorably, as
amended, to the House of Representatives by a recorded vote of
24-17. The Committee considered the following amendments to
H.R. 6914:
1. Representative Mary Miller (R-IL) offered an
Amendment in the Nature of a Substitute that further
clarified that the purpose of the required information
dissemination is to support pregnant students carrying
a pregnancy to term. The substitute amendment also
added a rule of construction to prohibit the Secretary
of Education from requiring institutions to disseminate
additional information or establish additional rights.
The amendment was adopted by voice vote.
2. Representative Suzanne Bonamici (D-OR) offered an
amendment to add a rule of construction stating that
nothing prevents institutions of higher education from
providing medically accurate and comprehensive
information about abortion services. The amendment
failed by a recorded vote of 15-23.
3. Representative Bob Good (R-VA) offered an
amendment to add data to the findings section of the
bill on the impact of abortion on women's mental and
physical health. The amendment was adopted by a
recorded vote of 23-17.
4. Representative Kathy Manning (D-NC) offered an
amendment to add a rule of construction stating that
nothing prevents institutions of higher education from
providing medically accurate and comprehensive
information about sexual and reproductive health
services, including contraception. The amendment failed
by a recorded vote of 17-23.
5. Representative Pramila Jayapal (D-WA) offered an
amendment to include information on access to Federal
programs that support the health and well-being of
pregnant women and children. The amendment failed by a
recorded vote of 17-24.
6. Representative Haley Stevens (D-MI) offered an
amendment to add a rule of construction stating that
nothing prevents institutions of higher education from
providing information on resources regarding pregnancy
and related medical conditions, including miscarriage.
The amendment failed by a recorded vote of 17-24.
119TH CONGRESS
First Session--Hearings
On November 18, 2025, the Committee held a hearing on ``The
Future of College: Harnessing Innovation to Improve Outcomes
and Lower Costs.'' The purpose of the hearing was to examine
the impact of innovations in higher education and highlight how
they can enhance institutional effectiveness, improve student
outcomes, and lower college costs. During opening statements,
Chairman Tim Walberg (R-MI) stated that most students today are
non-traditional, including those who are parents. Testifying
before the Committee were Dr Jeffrey Docking, President, Adrian
College, Adrian, MI; Dr. Kollin Napier, Director, Mississippi
Artificial Intelligence Network, Gulfport, MS; Dr. Will Del
Pilar, Senior Vice President, Higher Education, EdTrust,
Washington, DC; and Mr. Tade Oyerinde, Chancellor, Campus.edu,
New York, NY.
Second Session--Legislative Action
On December 2, 2025, Representative Ashley Hinson (R-IA)
introduced the Pregnant Students' Rights Act (H.R. 6359). The
bill was referred solely to the Committee on Education and
Workforce. On January 8, 2026, the Committee considered H.R.
6359 in legislative session and reported it favorably, as
amended, to the House of Representatives by a recorded vote of
21-15.\1\ The Committee considered the following amendments to
H.R. 6359:
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1. Representative Miller offered an Amendment in the
Nature of a Substitute that made a technical change to
fix a grammatical error. The amendment was adopted by
voice vote.
2. Representative Bonamici offered an amendment to
add a rule of construction stating that the bill does
not prevent colleges from providing information about
contraception and abortion. The amendment failed by a
recorded vote of 13-21.
3. Representative Haley Stevens (D-MI) offered an
amendment to add a rule of construction stating that
the bill does not prevent colleges from providing
information on resources for pregnancy and related
conditions. The amendment failed by a recorded vote of
15-21.
4. Representative Summer Lee (D-PA) offered an
amendment to require dissemination of information on
services available under Medicaid; the Affordable Care
Act; the Women, Infants, and Children program; the
Supplemental Nutrition Assistance Program; and Title X
of the Public Health Service Act. The amendment failed
by a recorded vote of 15-21.
5. Representative Ilhan Omar (D-MN) offered an
amendment requiring colleges to provide students with
information on whether their campuses have received a
Child Care Access Means Parents in School grant and if
that grant has been discontinued. The amendment failed
by a recorded vote of 15-21.
6. Representative Frederica Wilson (D-FL) offered an
amendment to strike the rule of construction. The
amendment failed by a recorded vote of 15-21.
Committee Views
INTRODUCTION
Pregnant students should be empowered to complete their
education while carrying their child to term. However, pregnant
students often receive incorrect or incomplete guidance on the
accommodations available to them, increasing the likelihood
that they will drop out of college. The Pregnant Students'
Rights Act addresses this information gap by requiring colleges
and universities to inform all students about the rights,
accommodations, and resources available for pregnant students
to support them remaining enrolled in postsecondary education.
Data on Pregnant and Parenting Students
Today, policies at every level of government have enabled
almost unfettered access to postsecondary education for many
aspiring students. With increased access, 74 percent of
enrolled students are now considered non-traditional students,
meaning they are older, enrolled part-time, work full-time, or
are financially independent but supporting dependents.\2\
Student parents are a core component of the postsecondary
education student body; nearly one in five undergraduate
students is raising children while enrolled. Of these student
parents, 74 percent are mothers. Overall, 1.7 million
undergraduate students (10 percent of the total) are single
mothers. Pregnancy should not be a reason to dissuade a student
from completing her education when there are rights and
resources available to help expectant mothers.
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\2\GAO analysis of U.S. Department of Education 2020 National
Postsecondary Student Aid Study (NPSAS) data GAO-24-107074.
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Title IX
Title IX of the Education Amendments of 1972 (Title IX)
prohibits recipients of federal funds from discriminating
against students on the basis of sex. Longstanding Title IX
regulations from the Department of Education (Department)
explicitly prohibit discrimination against pregnant women and
the exclusion of pregnant women from an institution's education
program because of pregnancy. A student's rights under Title IX
allow for protections and accommodations both in and out of the
classroom, including the ability to take medically necessary
leave and excused absences for pregnancy, childbirth, or
related conditions. Pregnant students are also protected from
discrimination in institution-sponsored extracurricular
activities, including internships, athletics, financial aid and
scholarships, career counseling, and lab and clinical work.
Accommodations available to a pregnant student must be at least
the same accommodations available to another student that has a
temporary condition.
Depending on the pregnancy, a student may also be covered
by disability protections and services under the Americans with
Disabilities Act. A postsecondary institution must also provide
a Title IX complaint process for when a student believes his or
her Title IX rights have been violated. These current
protections and accommodations for pregnant students can be
utilized to ensure a pregnant student has the same opportunity
to continue her education as any other student.
Lack of Awareness
While pregnant students' rights to postsecondary education
exist, many students may be unaware of these rights or lack
full information about possible accommodations or how to file a
complaint. Worse, there are still instances in which students
may be advised to drop out because of their pregnancy, despite
being allowed reasonable accommodations. In 2022, the
Department's Office for Civil Rights determined that Salt Lake
Community College violated both Title IX and section 504 of the
Rehabilitation Act of 1973 after a professor encouraged a
pregnant student to drop a course because of ongoing absences
due to her pregnancy. The student had also informed the
college's disability resource center and Title IX coordinator
because she knew she was entitled to course modifications, but
the college did not offer alternatives and the Title IX
coordinator did not create an investigation file to look into
the professor's actions. Additionally, in the Department's
findings, the college's Code of Student Rights and
Responsibilities did not provide information about the rights
of pregnant students. Transparent information is needed to
ensure students know their rights and can navigate Title IX
complaint and other campus processes. It is also needed to
serve as an accountability mechanism for colleges and
universities.
Information Disclosure in Postsecondary Education
Section 485 of the HEA requires colleges and universities
that receive Title IV funding (student aid) to provide
information on a variety of topics to prospective and enrolled
students. This section of the law initially focused on
disseminating information on the student financial assistance
programs available to students but also requires institutions
to disclose information about academic programs, costs of
attending an institution, accreditation or licensing of an
institution, standards for making satisfactory academic
progress, and completion or graduation rates of an institution.
Section 485 also requires institutions to provide disclosures
through entrance and exit counseling to borrowers, disclosures
on the number of students on athletically related student aid,
transfer credit policies, fire safety standards, missing
persons procedures, penalties for drug violations, and
disclosures on campus crime statistics. This section ensures
students have complete information on the costs and
characteristics of the education an institution provides, as
well as topics that affect campus life and may be adjacent to
helping the student complete his or her education. Pregnant
students' rights should be more publicly available as this
growing population seeks to obtain postsecondary education.
CONCLUSION
Pregnancy should never dissuade a student from continuing
her education. The Pregnant Students' Rights Act ensures that
pregnant students are aware of the available resources and
accommodations, from excused absences for medical appointments
to extensions of time on coursework. The Committee on Education
and Workforce must ensure that expectant mothers, who have made
the brave decision to carry their child to term, know their
rights so they can best advocate for themselves and their
child.
H.R. 6359 Section-by-Section Summary
The Pregnant Students' Rights Act requires institutions of
higher education to disseminate information on the rights of,
and accommodations and resources for, pregnant students to
carry a baby to term.
Section 1--Short Title
The short title is ``Pregnant Students' Rights
Act.''
Section 2--Notice of Pregnant Students' Rights, Accommodations, and
Resources
As a condition of receiving Title IV funding, this
section requires colleges and universities to disseminate
information to prospective and enrolled students on the rights
of, and resources for, pregnant students, and students who may
become pregnant, to carry a baby to term.
The required information is a list of on campus
and community resources and accommodations available to help a
pregnant student carry a baby to term and care for the baby
after birth.
This section also requires institutions to
disclose information on how to file a Title IX complaint with
the Department or with the institution if a student believes
that her Title IX rights were violated on account of her
determination to carry a baby to term.
The section specifies that the required
information dissemination must include an email to enrolled
students at least once each academic year and the information
to appear in student handbooks, at each orientation session, at
student health or counseling centers, as well as on the
institution's website.
A rule of construction clarifies that nothing in
the new subsection created by this bill shall be construed to
authorize the Secretary to require the dissemination of
additional information, or establish additional rights, beyond
the information and rights included in the subsection.
Explanation of Amendments
The amendments, including the amendment in the nature of a
substitute, is explained in the body of this report.
Application of Law to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of Public Law 104-1.
Unfunded Mandate Statement
Pursuant to Section 423 of the Congressional Budget and
Impoundment Control Act of 1974, Pub. L. No. 93-344 (as amended
by Section 101(a)(2) of the Unfunded Mandates Reform Act of
1995, Pub. L. No. 104-4), the Committee adopts as its own the
cost estimate prepared by the Director of the Congressional
Budget Office (CBO) pursuant to section 402 of the
Congressional Budget and Impoundment Control Act of 1974.
Earmark Statement
H.R. 6359 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of House rule XXI.
Roll Call Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee Report to include for
each record vote on a motion to report the measure or matter
and on any amendments offered to the measure or matter the
total number of votes for and against and the names of the
Members voting for and against.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Statement of General Performance Goals and Objectives
In accordance with clause (3)(c) of rule XIII of the Rules
of the House of Representatives, the goal of H.R. 6359 is to
require institutions of higher education to disseminate
information on the rights of, and accommodations and resources
for, pregnant students to carry a baby to term.
Duplication of Federal Programs
No provision of H.R. 6359 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Statement of Oversight Findings and Recommendations of
the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee's oversight findings and recommendations are
reflected in the body of this report.
Required Committee Hearing
In compliance with clause 3(c)(6) of rule XIII the
following hearing held during the 119th Congress was used to
develop or consider H.R. 6359: On November 18, 2025, the
Committee held a hearing on ``The Future of College: Harnessing
Innovation to Improve Outcomes and Lower Costs.''
New Budget Authority and CBO Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee adopts as its
own the cost estimate for the bill prepared by the Director of
the Congressional Budget Office.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 6359 would require institutions of higher education
that receive federal student aid under title IV of the Higher
Education Act to provide specific information on the rights of
pregnant students. Those requirements include a list of on-
campus and community resources that exist to help pregnant
students carry a baby to term, information about accommodations
available to students during and after pregnancy, and
information on how to report a violation of those rights.
CBO expects that institutions would comply with the
requirements in the bill to remain eligible for federal student
aid. As a result, CBO estimates enacting the bill would have no
effect on federal spending for student aid.
Based on the cost of similar activities, CBO estimates that
the Department of Education's cost to implement H.R. 6359 would
not be significant; any spending would be subject to the
availability of appropriated funds.
The CBO staff contact for this estimate is Leah Koestner.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Committee Cost Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison of the
costs that would be incurred in carrying out H.R. 6359.
However, clause 3(d)(2)(B) of that Rule provides that this
requirement does not apply when, as with the present report,
the Committee adopts as its own the cost estimate for the bill
prepared by the Director of the Congressional Budget Office.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
HIGHER EDUCATION ACT OF 1965
* * * * * * *
TITLE IV--STUDENT ASSISTANCE
* * * * * * *
Part G--General Provisions Relating to Student
Assistance Programs
* * * * * * *
SEC. 485. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR
STUDENTS.
(a) Information Dissemination Activities.--(1) Each eligible
institution participating in any program under this title 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 title. 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
(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 title;
(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 484B for
the return of grant or loan assistance provided
under this title; 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 484(a)(2);
(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, D, and E;
(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), 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), 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; and
(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 D (other than a loan made under section
428H or a Federal Direct Unsubsidized Stafford Loan)
who did not receive a Federal Pell Grant, and by
recipients of neither a Federal Pell Grant nor a loan
made under part B or D (other than a loan made under
section 428H 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 the date of enactment of the Higher Education
Opportunity Act, convene a group of representatives
from diverse institutions of higher education, experts
in the field of higher education policy, state 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 the date
of enactment of the Higher Education
Opportunity Act, 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 428C or loans under section 428B made on
behalf of a student) or made under part D (other than Federal
Direct Consolidation Loans or Federal Direct PLUS Loans made on
behalf of a student) or made under part E of this title 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 title, 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
485(d);
(v) for any forbearance provision of this title, 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
485(d);
(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 428C or a Federal
Direct Consolidation Loan to discharge the borrower's
loans under parts B, D, and E, 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;
(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
(x) an explanation that--
(I) the borrower may be
contacted during the repayment
period by third-party student
debt relief companies;
(II) the borrower should use
caution when dealing with those
companies; and
(III) the services that those
companies typically provide are
already offered to borrowers
free of charge through the
Department or the borrower's
servicer; 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, D, or E 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). 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 title 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 title. Such information shall also include
information on the various payment options available for
student loans, including income-sensitive and income-based
repayment plans for loans made, insured, or guaranteed under
part B and income-contingent and income-based repayment plans
for loans made under part D. In addition, such information
shall include information to enable borrowers to assess the
practical consequences of loan consolidation, including
differences in deferment eligibility, interest rates, monthly
payments, and finance charges, and samples of loan
consolidation profiles to illustrate such consequences. The
Secretary shall provide information concerning the specific
terms and conditions under which students may obtain partial or
total cancellation or defer repayment of loans for service,
shall indicate (in terms of the Federal minimum wage) the
maximum level of compensation and allowances that a student
borrower may receive from a tax-exempt organization to qualify
for a deferment, and shall explicitly state that students may
qualify for such partial cancellations or deferments when they
serve as a paid employee of a tax-exempt organization. The
Secretary shall also provide information on loan forbearance,
including the increase in debt that results from capitalization
of interest. Such information shall be provided by eligible
institutions and eligible lenders at any time that information
regarding loan availability is provided to any student.
(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 title 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 title, 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, when the victim of such crime elects
or is unable to make such a report.
(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;
(IX) arrests or persons referred for
campus disciplinary action for liquor
law violations, drug-related
violations, and weapons possession;
(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, national
origin, sexual orientation, gender identity,,
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;
(iii) of domestic violence, dating violence,
and stalking incidents that were reported to
campus security authorities or local police
agencies; and
(iv) of hazing incidents that were reported
to campus security authorities or local police
agencies.
(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 120 of
this Act.
(I) A statement advising the campus community where
law enforcement agency information provided by a State
under section 170101(j) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14071(j)),
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.
(K) A statement of current policies relating to
hazing (as defined by the institution), how to report
incidents of such hazing, and the process used to
investigate such incidents of hazing, and information
on applicable local, State, and Tribal laws on hazing
(as defined by such local, State, and Tribal laws).
(L) A statement of policy regarding prevention and
awareness programs related to hazing (as defined by the
institution) that includes a description of research-
informed campus-wide prevention programs designed to
reach students, staff, and faculty, which includes--
(i) the information referred to in
subparagraph (K); and
(ii) primary prevention strategies intended
to stop hazing before hazing occurs, which may
include skill building for bystander
intervention, information about ethical
leadership, and the promotion of strategies for
building group cohesion without hazing.
(2) 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
title, other than a foreign institution of higher education,
shall make timely reports to the campus community on crimes
considered to be a threat to other students and employees
described in paragraph (1)(F) that are reported to campus
security or local law police agencies. Such reports shall be
provided to students and employees in a manner that is timely,
that withholds the names of victims as confidential, and that
will aid in the prevention of similar occurrences.
(4)(A) Each institution participating in any program under
this title, 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 title, 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 terms ``dating violence'', ``domestic
violence'', and ``stalking'' have the meaning given
such terms in section 40002(a) of the Violence Against
Women Act of 1994 (42 U.S.C. 13925(a)).
(ii) 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).
(iii) 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.
(iv) 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.
(v) The term ``sexual assault'' means an offense
classified as a forcible or nonforcible sex offense
under the uniform crime reporting system of the Federal
Bureau of Investigation.
(vi) The term ``hazing'', for purposes of reporting
statistics on hazing incidents under paragraph
(1)(F)(iv), means any intentional, knowing, or reckless
act committed by a person (whether individually or in
concert with other persons) against another person or
persons regardless of the willingness of such other
person or persons to participate, that--
(I) is committed in the course of an
initiation into, an affiliation with, or the
maintenance of membership in, a student
organization; and
(II) causes or creates a risk, above the
reasonable risk encountered in the course of
participation in the institution of higher
education or the organization (such as the
physical preparation necessary for
participation in an athletic team), of physical
or psychological injury including--
(aa) whipping, beating, striking,
electronic shocking, placing of a
harmful substance on someone's body, or
similar activity;
(bb) causing, coercing, or otherwise
inducing sleep deprivation, exposure to
the elements, confinement in a small
space, extreme calisthenics, or other
similar activity;
(cc) causing, coercing, or otherwise
inducing another person to consume
food, liquid, alcohol, drugs, or other
substances;
(dd) causing, coercing, or otherwise
inducing another person to perform
sexual acts;
(ee) any activity that places another
person in reasonable fear of bodily
harm through the use of threatening
words or conduct;
(ff) any activity against another
person that includes a criminal
violation of local, State, Tribal, or
Federal law; and
(gg) any activity that induces,
causes, or requires another person to
perform a duty or task that involves a
criminal violation of local, State,
Tribal, or Federal law.
(vii) The term ``student organization'', for purposes
of reporting under paragraph (1)(F)(iv) and paragraph
(9)(A), means an organization at an institution of
higher education (such as a club, society, association,
varsity or junior varsity athletic team, club sports
team, fraternity, sorority, band, or student
government) in which two or more of the members are
students enrolled at the institution of higher
education, whether or not the organization is
established or recognized by the institution.
(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 clauses (i) and (ii) of
paragraph (1)(F) shall be compiled in accordance with the
definitions used in the uniform crime reporting system of the
Department of Justice, Federal Bureau of Investigation, and the
modifications in such definitions as implemented pursuant to
the Hate Crime Statistics Act. For the offenses of domestic
violence, dating violence, and stalking, such statistics shall
be compiled in accordance with the definitions used in section
40002(a) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a)). For hazing incidents referred to in clause (iv) of
paragraph (1)(F), such statistics shall be compiled per each
single hazing incident and in accordance with the definition of
the term "hazing" in paragraph (6)(A)(vi), and if the same
person or persons commit more than one hazing act, and the time
and place intervals separating each such act are insignificant,
such acts shall be reported as a single hazing incident. Such
statistics shall not identify victims of crimes or persons
accused of crimes.
(8)(A) Each institution of higher education participating in
any program under this title and title IV of the Economic
Opportunity Act of 1964, 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 programs to prevent domestic
violence, dating violence, sexual assault, and
stalking; and
(ii) the procedures that such institution will follow
once an incident of domestic violence, dating violence,
sexual assault, or stalking has been reported,
including a statement of the standard of evidence that
will be used during any institutional conduct
proceeding arising from such a report.
(B) The policy described in subparagraph (A) shall address
the following areas:
(i) Education programs to promote the awareness of
rape, acquaintance rape, domestic violence, dating
violence, sexual assault, and stalking, which shall
include--
(I) primary prevention and awareness programs
for all incoming students and new employees,
which shall include--
(aa) a statement that the institution
of higher education prohibits the
offenses of domestic violence, dating
violence, sexual assault, and stalking;
(bb) the definition of domestic
violence, dating violence, sexual
assault, and stalking in the applicable
jurisdiction;
(cc) the definition of consent, in
reference to sexual activity, in the
applicable jurisdiction;
(dd) safe and positive options for
bystander intervention that may be
carried out by an individual to prevent
harm or intervene when there is a risk
of domestic violence, dating violence,
sexual assault, or stalking against a
person other than such individual;
(ee) information on risk reduction to
recognize warning signs of abusive
behavior and how to avoid potential
attacks; and
(ff) the information described in
clauses (ii) through (vii); and
(II) ongoing prevention and awareness
campaigns for students and faculty, including
information described in items (aa) through
(ff) of subclause (I).
(ii) Possible sanctions or protective measures that
such institution may impose following a final
determination of an institutional disciplinary
procedure regarding rape, acquaintance rape, domestic
violence, dating violence, sexual assault, or stalking.
(iii) Procedures victims should follow if a sex
offense, domestic violence, dating violence, sexual
assault, or stalking has occurred, including
information in writing about--
(I) the importance of preserving evidence as
may be necessary to the proof of criminal
domestic violence, dating violence, sexual
assault, or stalking, or in obtaining a
protection order;
(II) to whom the alleged offense should be
reported;
(III) options regarding law enforcement and
campus authorities, including notification of
the victim's option to--
(aa) notify proper law enforcement
authorities, including on-campus and
local police;
(bb) be assisted by campus
authorities in notifying law
enforcement authorities if the victim
so chooses; and
(cc) decline to notify such
authorities; and
(IV) where applicable, the rights of victims
and the institution's responsibilities
regarding orders of protection, no contact
orders, restraining orders, or similar lawful
orders issued by a criminal, civil, or tribal
court.
(iv) Procedures for institutional disciplinary action
in cases of alleged domestic violence, dating violence,
sexual assault, or stalking, which shall include a
clear statement that--
(I) such proceedings shall--
(aa) provide a prompt, fair, and
impartial investigation and resolution;
and
(bb) be conducted by officials who
receive annual training on the issues
related to domestic violence, dating
violence, sexual assault, and stalking
and how to conduct an investigation and
hearing process that protects the
safety of victims and promotes
accountability;
(II) the accuser and the accused are entitled
to the same opportunities to have others
present during an institutional disciplinary
proceeding, including the opportunity to be
accompanied to any related meeting or
proceeding by an advisor of their choice; and
(III) both the accuser and the accused shall
be simultaneously informed, in writing, of--
(aa) the outcome of any institutional
disciplinary proceeding that arises
from an allegation of domestic
violence, dating violence, sexual
assault, or stalking;
(bb) the institution's procedures for
the accused and the victim to appeal
the results of the institutional
disciplinary proceeding;
(cc) of any change to the results
that occurs prior to the time that such
results become final; and
(dd) when such results become final.
(v) Information about how the institution will
protect the confidentiality of victims, including how
publicly-available recordkeeping will be accomplished
without the inclusion of identifying information about
the victim, to the extent permissible by law.
(vi) Written notification of students and employees
about existing counseling, health, mental health,
victim advocacy, legal assistance, and other services
available for victims both on-campus and in the
community.
(vii) Written notification of victims about options
for, and available assistance in, changing academic,
living, transportation, and working situations, if so
requested by the victim and if such accommodations are
reasonably available, regardless of whether the victim
chooses to report the crime to campus police or local
law enforcement.
(C) A student or employee who reports to an institution of
higher education that the student or employee has been a victim
of domestic violence, dating violence, sexual assault, or
stalking, whether the offense occurred on or off campus, shall
be provided with a written explanation of the student or
employee's rights and options, as described in clauses (ii)
through (vii) of subparagraph (B).
(9)(A) Each institution participating in any program under
this title, other than a foreign institution of higher
education, shall develop, in accordance with the institution's
statement of policy relating to hazing under paragraph (1)(K),
a report (which shall be referred to as the ``Campus Hazing
Transparency Report'') summarizing findings concerning any
student organization (except that this shall only apply to
student organizations that are established or recognized by the
institution) found to be in violation of an institution's
standards of conduct relating to hazing, as defined by the
institution, (hereinafter referred to in this paragraph as a
``hazing violation'') that requires the institution to--
(i) beginning July 1, 2025, collect information with
respect to hazing incidents at the institution;
(ii) not later than 12 months after the date of the
enactment of the Stop Campus Hazing Act, make the
Campus Hazing Transparency Report publicly available on
the public website of the institution; and
(iii) not less frequently than 2 times each year,
update the Campus Hazing Transparency Report to
include, for the period beginning on the date on which
the Report was last published and ending on the date on
which such update is submitted, each incident involving
a student organization for which a finding of
responsibility is issued relating to a hazing
violation, including--
(I) the name of such student organization;
(II) a general description of the violation
that resulted in a finding of responsibility,
including whether the violation involved the
abuse or illegal use of alcohol or drugs, the
findings of the institution, and any sanctions
placed on the student organization by the
institution, as applicable; and
(III) the dates on which--
(aa) the incident was alleged to have
occurred;
(bb) the investigation into the
incident was initiated;
(cc) the investigation ended with a
finding that a hazing violation
occurred; and
(dd) the institution provided notice
to the student organization that the
incident resulted in a hazing
violation.
(B) The Campus Hazing Transparency Report may include--
(i) to satisfy the requirements of this paragraph,
information that--
(I) is included as part of a report published
by the institution; and
(II) meets the requirements of the Campus
Hazing Transparency Report; and
(ii) any additional information--
(I) determined by the institution to be
necessary; or
(II) reported as required by State law.
(C) The Campus Hazing Transparency Report shall not include
any personally identifiable information, including any
information that would reveal personally identifiable
information, about any individual student in accordance with
section 444 of the General Education Provisions Act (commonly
known as the ``Family Educational Rights and Privacy Act of
1974'').
(D) The institution shall publish, in a prominent location on
the public website of the institution, the Campus Hazing
Transparency Report, including--
(i) a statement notifying the public of the annual
availability of statistics on hazing pursuant to the
report required under paragraph (1)(F), including a
link to such report;
(ii) information about the institution's policies
relating to hazing under paragraph (1)(K) and
applicable local, State, and Tribal laws on hazing; and
(iii) the information included in each update
required under subparagraph (A)(iii), which shall be
maintained for a period of 5 calendar years from the
date of publication of such update.
(E) The institution may include, as part of the publication
of the Campus Hazing Transparency Report under subparagraph
(D), a description of the purposes of, and differences
between--
(i) the report required under paragraph (1)(F); and
(ii) the Campus Hazing Transparency Report required
under this paragraph.
(F) For purposes of this paragraph, the definition of
``campus'' under paragraph (6)(A)(ii) shall not apply.
(G) An institution described in subparagraph (A) is not
required to--
(i) develop the Campus Hazing Transparency Report
under this subsection until such institution has a
finding of a hazing violation; or
(ii) update the Campus Hazing Transparency Report in
accordance with clause (iii) of subparagraph (A) for a
period described in such clause if such institution
does not have a finding of a hazing violation for such
period.
(10) The Secretary, in consultation with the Attorney General
of the United States, shall provide technical assistance in
complying with the provisions of this section to an institution
of higher education who requests such assistance.
(11) Nothing in this section shall be construed to require
the reporting or disclosure of privileged information.
(12) 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.
(13) 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.
(14) Upon a determination pursuant to section 487(c)(3)(B)
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 487(c)(3)(B).
(15)(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.
(16) 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.
(17)(A) The Secretary shall seek the advice and counsel of
the Attorney General of the United States concerning the
development, and dissemination to institutions of higher
education, of best practices information about campus safety
and emergencies.
(B) The Secretary shall seek the advice and counsel of the
Attorney General of the United States and the Secretary of
Health and Human Services concerning the development, and
dissemination to institutions of higher education, of best
practices information about preventing and responding to
incidents of domestic violence, dating violence, sexual
assault, and stalking, including elements of institutional
policies that have proven successful based on evidence-based
outcome measurements.
(18) No officer, employee, or agent of an institution
participating in any program under this title shall retaliate,
intimidate, threaten, coerce, or otherwise discriminate against
any individual for exercising their rights or responsibilities
under any provision of this subsection.
(19) This subsection may be cited as the ``Jeanne Clery
Campus Safety Act''.
(g) Data Required.--
(1) In general.--Each coeducational institution of
higher education that participates in any program under
this title, 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 the date of
enactment of the Higher Education Amendments of 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) Definition.--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 title 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; 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 title 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 (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 title 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.
(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
428C or a loan made on behalf of a student
pursuant to section 428B) or made under part D
(other than a Federal Direct Consolidation Loan
or a Federal Direct PLUS loan made on behalf of
a student), ensure that the borrower receives
comprehensive information on the terms and
conditions of the loan and of the
responsibilities the borrower has with respect
to such loan in accordance with paragraph (2).
Such information--
(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 D, 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
428B or 428H, 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 428 or 428H; and
(II) as appropriate, graduate
borrowers of loans under
section 428, 428B, or 428H; 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 title shall
report, on an annual basis, to the Secretary, any
reasonable expenses paid or provided under section
140(d) of the Truth in Lending Act 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.
(n) Pregnant Students' Rights, Accommodations, and
Resources.--
(1) In general.--Each institution of higher education
participating in any program under this title shall
carry out the information dissemination activities
described in paragraph (3) for prospective and enrolled
students (including those attending or planning to
attend less than full time) regarding the information
described in paragraph (2) on the rights of, and
resources (including protections and accommodations)
for, pregnant students to carry a baby to term and
students who may become pregnant while enrolled at such
institution of higher education to carry a baby to
term.
(2) Information content.--The information described
in this paragraph is the following:
(A) A list of resources on campus and in the
community that exist to help a pregnant student
in carrying the baby to term and caring for the
baby after birth.
(B) Information about the accommodations
available to help a pregnant student carry the
baby to term and parent the baby after birth.
(C) Information on how to file a complaint
with--
(i) the Department of Education, if a
student believes there was a violation
by the institution of title IX of the
Education Amendments of 1972 (20 U.S.C.
1681 et seq.) on account of such
student's determination to carry a baby
to term; and
(ii) the institution, if a student
believes the student has been
discriminated against in violation of
such title IX on account of the
student's determination to carry a baby
to term.
(3) Information dissemination activities.--The
information dissemination activities described in this
paragraph shall include--
(A) an email to each enrolled student at
least once each academic year; and
(B) the provision of information--
(i) in student handbooks, if any;
(ii) at each orientation for enrolled
students;
(iii) at student health or counseling
centers, if any; and
(iv) on the publicly available
website of the institution of higher
education.
(4) Rule of construction.--Nothing in this subsection
shall be construed to authorize the Secretary to
require the dissemination of additional information, or
establish additional rights, beyond the information and
rights included in this subsection.
* * * * * * *
MINORITY VIEWS
INTRODUCTION
H.R. 6359, the Pregnant Students' Rights Act, introduced by
Rep. Ashley Hinson (R-IA), requires institutions of higher
education (IHEs), as a condition of their receipt of funds
under title IV of the Higher Education Act,\1\ to inform
potential and current students of the rights and resources
available for pregnant students and students who may become
pregnant to carry a baby to term.\2\ On its face, this bill
appears to ensure students are informed about available
resources and the ways students can continue to access their
education while pregnant. But in fact, the bill makes it more
difficult for students to receive full and accurate information
on their rights under federal civil rights law. This is why
forty-eight organizations opposed the bill stating it is ``a
thinly veiled anti-abortion [bill] which would not address the
key barriers to pregnant students'' educational attainment, and
instead would further shame and stigmatize people for their
pregnancy outcomes.''\3\
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\1\Higher Education Act of 1965, Pub. L. No. 89-329, as amended.
\2\Pregnant Students' Rights Act, H.R. 6359, 119th Cong. (2025).
\3\Letter to The Hon. Tim Walberg & The Hon. Robert ``Bobby'' Scott
from the Coalition for Pregnant and Parenting Students Advocacy et. al,
(Jan. 7, 2026), on file with author.
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BACKGROUND ON TITLE IX'S PROTECTIONS FOR PREGNANT STUDENTS
For over 50 years, Title IX of the Education Amendments of
1972 (Title IX) has been the bedrock civil rights law to ensure
individuals have equal educational opportunity by prohibiting
discrimination on the basis of sex in education programs or
activities that receive federal funding.\4\ The U.S. Department
of Education (Department) has a longstanding regulation
interpreting Title IX as prohibiting entities receiving federal
financial assistance, including institutions of higher
education who receive Title IV funding, from discriminating
against students on the basis of the student's pregnancy,
childbirth, false pregnancy, termination of pregnancy, or
recovery therefrom.\5\ Title IX protects all pregnant women and
all conditions related to a pregnancy--those who carry to term,
those who suffer a pregnancy loss, and those who choose to have
an abortion. These requirements ensure that students are not
denied or otherwise limited access to educational programs or
activities based on their pregnancy or related conditions.
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\4\Education Amendments of 1972, Pub. L. No. 92-318, Sec. Sec. 901
07, 86 Stat. 235, 373-74 (1972).
\5\34 C.F.R. Sec. Sec. 106.21, 106.40, 106.51, 106.57. The
verbatim language first appeared in the 1975 regulations implementing
Title IX promulgated in 45 C.F.R. Sec. Sec. 86.21, 40, 51, 57 for the
U.S. Department of Health, Education, and Welfare. Nondiscrimination on
the Basis of Sex in Education Programs and Activities Receiving or
Benefiting from Federal Financial Assistance, 40 Fed. Reg. 24128 (June
4, 1975) (codified at 45 C.F.R. pt. 86). These regulations were subject
to a statutory ``laying before'' provision which afforded Congress the
opportunity to review and possibly reject the regulations within a 45-
day period if found to be inconsistent with Title IX. Ultimately,
Congress did not disapprove of the regulations. In Grove City College
v. Bell, the U.S. Supreme Court found that Congress' failure to act
``strongly implies'' that the regulations reflect congressional intent.
Grove City Coll. v. Bell, 465 U.S. 555, 568 (1984).
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In 2024, the Biden Department of Education's Office for
Civil Rights (OCR) issued a final Title IX rule that updated
these longstanding regulations to strengthen language on
pregnancy discrimination (2024 Rule).\6\ Specifically, the new
rule updated reasonable accommodations provisions for pregnant
students and employees and specified when and what information
needed to be provided to pregnant students once a school had
notice of their pregnancy.\7\ While these provisions were
vacated nationwide by a federal court in 2025,\8\ the previous
2020 Title IX regulation promulgated by the first Trump
Administration did not alter the strong protections regarding
pregnancy discrimination that already existed in regulation.\9\
Title IX's longstanding regulations securely establish that all
related pregnancy conditions are protected, notwithstanding the
regulatory additions in recent years to better address sexual
harassment under the law. In 2024, before the 2025 Rule was
finalized, OCR resolved a case of pregnancy discrimination in
Mississippi under the rules regarding pregnancy discrimination
left in place by the Trump Administration.\10\
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\6\Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance, 89 Fed. Reg. 33474,
(April 29, 2024) (codified at 34 C.F.R. Part 106).
\7\Id. Since 1975, the Title IX regulations have required that
recipients not discriminate based on pregnancy or related conditions,
including childbirth, termination of pregnancy, and recovery. The 2024
rule updated these existing protections and clarified that a recipient
must protect students, employees, and applicants from discrimination
based on pregnancy, childbirth, termination of pregnancy, lactation,
related medical conditions, or recovery, including by providing
reasonable modifications for students, reasonable break time for
employees for lactation, and a clean, private lactation space for both
students and employees. Id.
\8\Tennessee v. Cardona, No: 2:24-cv-00072-DCR-CJS (E.D. Ky., Jan.
9, 2025), https://mcusercontent.com/e486b91a532daa3bbbf34ae66/files/
650bf936-cac3-8724-cdc7-63dd6abf39a8/TitleIX_FILE_8431.pdf. The
challenge to the rule was largely based on the argument that the rule's
interpretation of sex discrimination to include discrimination based on
sexual orientation and gender identity exceeded the statutory authority
of Title IX. In its vacatur opinion, the court explicitly cited the
improved pregnancy provision of the 2024 Rule as one that ``is not
directly impacted by the plaintiffs'' challenge,'' but further stated,
``it simply is not proper for the Court to rewrite the regulations by
excising the offending material, particularly when rulemaking is the
exclusive duty of the Executive Branch,'' concluding ``that the entire
Final Rule and corresponding regulations are invalid and must be set
aside.'' Id.at 12.
\9\Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance, 85 Fed. Reg. 30026
(May 19, 2020) (codified at 34 C.F.R. Part 106).
\10\Letter from Angela Hights, Reg. Director, Off. for C.R.,
Dallas, U.S. Dep't of Educ. to Dr. Stephan Vacik, Pres., Hinds Comm.
Coll. (April 11, 2024), https://ocrcas.ed.gov/sites/default/files/ocr-
letters-and-agreements/06212198-a.pdf.
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H.R. 6359 SUPPORTS SOME PREGNANT STUDENTS OVER OTHERS
Given the comprehensive rights afforded to students under
Title IX, it is confusing--and potentially harmful--to require
information to be provided to students on only a subset of
these rights. As mentioned, the Pregnant Students' Rights Act
requires IHEs to provide students with a list of resources on
campus and in the community to help a pregnant student in
carrying a baby to term and caring for the baby after
birth.\11\ The bill requires that the information be
disseminated to enrolled students at the beginning of each
period of an academic year and be included in student
handbooks, student orientations, at student health and
counseling centers, as well as made available on the IHE's
website. The Majority has justified the need for the
legislation by stating that many pregnant students are unaware
of their rights or ``lack full information about possible
accommodations or how to file a complaint.''\12\ While Title IX
protects all students who experience pregnancy, H.R. 6350
selectively cherry-picks the information and resources
available as well as the students it favors--assisting only
those pregnant students to carry to term. Under the bill,
students who miscarry or who terminate a pregnancy are not
afforded the benefit of having resources on campus or in the
community or about information related to their right to
accommodations pursuant to Title IX.\13\
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\11\H.R. 6359, 119th Cong. (2025). The Majority asserts that there
are many resources for pregnant women in the form of pregnancy crisis
centers. ``There are many resources for pregnant students both on and
off campus. These resources include between 2,600 and 2,700 pregnancy
resource centers across the country in communities of all sizes.
Pregnancy resource centers offer classes focused on the skills a
pregnant mother may need and often serve as a place where mothers can
receive basic baby items like diapers, formula, and clothing at no
cost''. H.R. Rep. No. 118-344, at 6 (2024). The American College of
Obstetricians and Gynecologists states that ``many [crisis pregnancy
center] staffs use false and misleading information, emotional
manipulation, and delays to divert pregnant people from accessing
comprehensive and timely care from patient-centered, appropriately
trained, licensed medical professionals.'' Crisis Pregnancy Centers
Issue Brief, Am. Coll. of Obstetrics & Gynecologists, https://
www.acog.org/advocacy/abortion-is-essential/trending-issues/issue-
brief-crisis-pregnancy-centers (last visited Jan. 9, 2026).
\12\H.R. Rep. No. 118-344, at 6 (2024).
\13\H.R. 6359, 119th Cong. (2025). Abortion and Miscarriage, The
Pregnant Scholar, https://thepregnantscholar.org/abortion-and-
miscarriage/ (last visited Jan. 9, 2026).
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H.R. 6359 creates an affirmative obligation under HEA for
IHEs to proactively disseminate information and resources
related only to assist pregnant students to carry a baby to
term. The bill also prevents the Secretary of Education from
requiring institutions to disseminate additional information,
or establish additional rights, beyond what is provided in the
bill. The legislation requires only information very specific
to carrying to a baby to term, while conspicuously omitting
more comprehensive information. For instance, in implementing
the legislation, the Secretary would not have the authority to
require IHEs to provide information about resources and
available accommodations under Title IX for students
experiencing pregnancy loss or those who choose to terminate
their pregnancies, as it would for those students to carry to
term. H.R. 6359 also includes no requirement for institutions
of higher education to distribute medically accurate and
comprehensive information regarding pregnancy, including
information on abortion. Notably, the bill does not require
schools to provide information on access to comprehensive
sexual health and reproductive health services, including
contraception, which could help students avoid unplanned
pregnancies.
TRUMP ADMINISTRATION'S ACTIONS HAVE UNDERMINED CIVIL RIGHTS
ENFORCEMENT FOR PREGNANT STUDENTS
H.R. 6359 requires IHEs to provide students with
information on how to file a complaint with the Department and
the institution if they believe their right (to carry a baby to
term) has been violated under Title IX. OCR within the
Department is charged with enforcing a number of civil rights
laws, including Title IX, to ensure students have equal access
to educational opportunities. While OCR has seen complaints
triple over the last 15 years,\14\ its workforce has been cut
in half since President Trump returned to office, with seven of
the twelve regional offices that handle complaints
shuttered.\15\ Providing pregnant students with information
about how to file a complaint with an Office that the Trump
Administration is actively trying to dismantle is not a serious
policy solution. The weakening of the OCR harms all students,
including pregnant students who seek to enforce their rights
under Title IX.
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\14\Robin Hattersley, U.S. Department of Education OCR Struggles
with Backlog of Discrimination Cases, Campus Safety Magazine (Dec. 9,
2025) https://www.campussafetymagazine.com/news/u-s-department-of-
education-ocr-struggles-with-backlog-of-discrimination-cases/175373/.
\15\Brooke Schultz, Trump's Ed. Dept. Slashed Civil Rights
Enforcement. How States are Responding, EducationWeek (Nov. 7, 2025),
https://www.edweek.org/policy-politics/trumps-ed-dept-slashed-civil-
rights-enforcement-how-states-are-responding/2025/11.
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H.R. 6359 DOES NOTHING TO ADDRESS THE REAL CHALLENGES FACING
STUDENTS
College-age women face the highest rate of unintended
pregnancies of any age group\16\ and unintended pregnancies
play a significant role in derailing many students' educational
plans.\17\ Students undeniably face a host of challenges during
their academic pursuits. Parenting students face many
challenges meeting basic needs and costs of living\18\, as well
as high child care costs.\19\ Low-income parenting students are
challenged to find affordable child care services.\20\ Research
confirms that improved supports, specifically improving access
to child care, plays an important role in assisting student
parents to continue with their educational plans.\21\
Troublingly, H.R. 6359 does not provide any additional
resources or grant additional rights to pregnant and parenting
students. As a result, this bill--which purports to help
pregnant students--would instead saddle them with inadequate
resources to help in securing affordable child care, etc.
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\16\Updated Methodology to Estimate Overall and Unintended
Pregnancy Rates in the United States, Ctrs. for Disease Control &
Prevention https://www.cdc.gov/nchs/data/series/sr_02/sr02-
201.pdf#page=22.
\17\https://journals.sagepub.com/doi/full/10.1177/15365042211058133
(last visited Jan. 9, 2026).
\18\U.S. Gov't Accountability Off., GAO-19-95, Food Insecurity:
Better Information Could Help Eligible College Students Access Federal
Food Assistance Benefits (2019), https://www.gao.gov/products/gao-19
95.
\19\U.S. Gov't Accountability Off., GAO-19-522, Higher Education:
Information Could Help Student Parents Access Additional Federal
Student Aid, (2019), https://www.gao.gov/products/gao-19-522.
\20\Brittani Williams, et al., For Student Parents, The Biggest
Hurdles to A Higher Education are Costs and Finding Child Care, The
Education Trust (Aug. 17, 2022), https://edtrust.org/
resource/for-student-parents-the-biggest-hurdles-to-a-higher-education-
are-costs-and-finding-child-care/.
\21\Barbara Gault & Lindsey Reichlin Cruse, Access to Child Care
Can Improve Student Parent Graduation Rates, Inst.for Women's Pol'y
Rsch., https://iwpr.org/access-to-child-care-can-
improve-student-parent-graduation-rates/ (last visited Jan 12, 2026).
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The Trump Administration's attacks on the social safety
net, including lack of investments in child care, will only
exacerbate challenges faced by parenting students. President
Trump's FY 2026 budget proposed to eliminate funding for the
Child Care Access Means Parents in School (CCAMPIS) program,
which helps provide support for low-income students colleges by
providing on-campus child care.\22\ Further, the ``Big, Ugly
Law''\23\-- enacted by Congressional Republicans and signed
into law by President Trump--cut over $1.5 trillion in federal
support to critical safety net programs that help individuals
access health care, food assistance through the Supplemental
Nutrition Assistance Program (SNAP), and student loans.\24\ An
estimated 3.4 million college students rely on Medicaid for
health care coverage,\25\ and the nearly $1 trillion cut to the
Medicaid program in the ``Big Ugly Law'' is expected to have
negative impacts on students' educational attainment as they
lose access to health care coverage.\26\ Medicaid coverage is
especially critical for pregnant women, as it is the largest
single source for covering the cost of pregnancy care, covering
41 percent of births in the nation in 2023.\27\ As a result,
cuts to the social safety net by the Trump Administration will
negatively impact pregnant students at a time when more needs
to be done to support the financial security of our nation's
students.\28\
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\22\Elliot Haspel, Why a Cut to a Federal Program That Helps
Student Parents Access Child Care, The74 (July 31, 2025), https://
www.the74million.org/zero2eight/why-cut-a-federal-program-that-helps-
student-parents-access-child-care/.
\23\One Big Beautiful Bill Act, Pub. Law. No. 119-21 (2025).
\24\Cong. Budg. Off., Estimated Budgetary Effects of Public Law
119-21, to Provide for Reconciliation Pursuant to Title II of H. Con.
Res. 14, Relative to CBO's January 2025 Baseline (July 21, 2025),
https://www.cbo.gov/publication/61570.
\25\Johanna Alsonso, Will Trump's Bill Reverse Health Improvements
for College Students, Inside Higher Ed (July 30, 2025), https://
www.insidehighered.com/news/students/physical-mental-health/2025/07/30/
medicaid-cuts-could-damage-college-student-outcomes.
\26\Id.
\27\Usha Ranji et. al., 5 Key Facts About Medicaid and Pregnancy,
Kaiser Family Foundation (May 29, 2025), https://www.kff.org/medicaid/
5-key-facts-about-medicaid-and-pregnancy/.
\28\Sara Weissman, Student Parents Bear the Brunt of Cuts to
Federal Programs, Inside Higher Ed (Jan. 9, 2026), https://
www.insidehighered.com/news/government/politics-elections/2026/01/09/
parenting-students-bear-brunt-federal-cuts.
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REPRODUCTIVE HEALTH CARE IS UNDER ATTACK
Preserving access to quality and comprehensive reproductive
health care is also critical for the overall wellbeing and
academic success of all students, including those who are
pregnant or parenting. For over a decade, the Affordable Care
Act (ACA)\29\ has increased the number of affordable health
coverage options available to students and their families,
including those who rely on access to contraception, prenatal
care, and other essential health care services. Unfortunately,
anti-choice efforts, such as those underpinning this bill, only
make it harder for students to succeed, and many students are
experiencing new and added stress when navigating their health
and access to health care. In the wake of Dobbs v. Jackson
Women's Health Organization,\30\ many states have prohibited
health care providers from offering comprehensive reproductive
health care services.\31\ In 2024, it was estimated that six
million students attended colleges in states with state-law
restrictions on abortions.\32\ New state restrictions have
limited access to contraception and other preventive services
as well as the availability of providers.\33\ Any earnest
legislative effort to support pregnant and parenting students
must recognize students' need for comprehensive reproductive
information and options.
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\29\42 U.S.C. Sec. 300gg-14.
\30\597 U.S. 215 (2022).
\31\Kimya Forouzan & Roasann Mariappuram, Midyear 2024 State Policy
Trends: Many US States Attack Reproductive Health Care, as Other States
Fight Back, The Guttmacher Institute (June 2024), https://
www.guttmacher.org/2024/06/midyear-2024-state-policy-trends-many-us-
states-attack-reproductive-health-care-other.
\32\Ctr. For Reproductive Rights, As College Students Return to
Campus, Many Face Harsh Abortion Laws, (Aug. 21, 2024), https://
reproductiverights.org/news/college-students-abortion-
access-2024/.
\33\See Tina Reed, 121 million live in states restricting
contraceptive access, Axios (July, 17, 2025), https://www.axios.com/
2025/07/17/state-laws-restricting-contraceptive-access; Press Release,
Planned Parenthood, The Consequences of ``Defunding'' Planned
Parenthood and What Comes Next (July 17, 2025) https://
www.plannedparenthood.org/about-us/newsroom/press-
releases/the-consequences-of-defunding-planned-parenthood-and-what-
comes-next; Michele Keller & Leigh Hopper, States with the Most
Restrictive Abortion Policies Saw the Biggest Declines in Use of Birth
Control and Emergency Contraceptives After Dobbs Decision, U. S.Cal.,
Leonard D. Schaeffer Inst. for Pub. Pol'y & Gov't Svcs. (June 26, 2024)
https://schaeffer.usc.edu/research/birth-control-and-emergency-
contraceptives-after-dobbs/; Julie Rovner, Abortion bans drive off
doctors and close clinics, putting other health care at risk, NPR (May
23, 2023) https://www.npr.org/sections/health-shots/2023/05/23/
1177542605/abortion-bans-drive-off-doctors-and-put-other-health-care-
at-risk.
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In the 118th Congress, the Committee marked up and reported
out a nearly identical bill, H.R. 6914, the Pregnant Students'
Rights Act.\34\ H.R. 6914 included false and unproven anti-
abortion findings alleging, in part, that women who have
abortions are at higher risk of mental health issues and face
health complications, including breast cancer.\35\ While H.R.
6359 does not contain the troubling findings section that were
included in the 118th version of the legislation, the press
release for the reintroduction of the legislation repeats some
of the troubling misinformation related to abortions.\36\
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\34\Pregnant Students' Rights Act, H.R. 6914, 118th Cong. (as
passed by the House, Jan. 23, 2024).
\35\Id.
\36\Press Release, Rep. Ashley Hinson, Hinson Reintroduces Pregnant
Students' Rights Act (Dec. 2, 2025), https://hinson.house.gov/media/
press-releases/hinson-reintroduces-pregnant-
students-rights-act.
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COMMITTEE DEMOCRATS SUPPORT FULL AND COMPREHENSIVE
SERVICES FOR PREGNANT STUDENTS
During the markup of H.R. 6359, Committee Democrats
reaffirmed their commitment to ensuring that pregnant and
parenting students have the tools and resources they need to
succeed by offering amendments to ensure that students receive
comprehensive and well-rounded information about their rights
and available resources. Specifically, Rep. Suzanne Bonamici
(D-OR) offered an amendment to add a rule of construction to
ensure that nothing in the bill would prevent institutions of
higher education from providing medically accurate and
comprehensive information and resources about contraception and
abortion. To better ensure that pregnant students would receive
helpful information on services to support them, Rep. Summer
Lee (D-PA) offered an amendment to add a requirement to provide
pregnant students with information on access to federal
programs that support the health and wellbeing of pregnant
women and children, including Medicaid, the ACA, the
Supplemental Nutrition Assistance Program (SNAP), Title X of
the Public Health Service Act,\37\ and the Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC). Rep.
Haley Stevens (D-MI) offered an amendment to add a rule of
construction that would clarify that nothing in the bill
prevents schools from disseminating information on resources
(including available rights, protections, and accommodations
afforded to students under Title IX) regarding pregnancy and
related conditions. Rep. Ilhan Omar (D-MN) offered an amendment
to require information be disseminated as to whether a school's
campus has or has recently had a CCAMPIS program. Finally, Rep.
Frederica Wilson (D-FL) offered an amendment to strike the rule
of construction in the underlying bill to ensure that the
Secretary of Education, in implementing the Act, has the
authority to require schools to share additional information.
Committee Republicans rejected all the Democratic amendments.
---------------------------------------------------------------------------
\37\42 U.S.C. Sec. 300.
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Committee Democrats remain committed to ensuring that all
students--including those who choose to become parents--are set
up for educational success. H.R. 6359 is not an earnest attempt
to support pregnant and parenting students. Committee Democrats
have introduced numerous pieces of legislation that would
better support parents--including students who are parents--
such as through the expansion of affordable child care\38\ and
raising the federal minimum wage to provide family-sustaining
pay.\39\
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\38\Child Care for Working Families Act, H.R. 4418, 119th Cong.
(2025).
\39\Raise the Wage Act of 2025, H.R. 2743, 119th Cong. (2025).
---------------------------------------------------------------------------
CONCLUSION
Committee Democrats continue to fight for comprehensive
reproductive health and reproductive autonomy. We remain
committed to ensuring that students are fully informed of all
their health options and recognize that Title IX protects all
pregnant students' ability to pursue an education. For the
above-mentioned reasons, all Committee Democrats present
unanimously opposed H.R. 6359. We urge the House of
Representatives to do the same.
Robert C. ``Bobby'' Scott,
Ranking Member.
Joe Courtney,
Frederica S. Wilson,
Suzanne Bonamici,
Mark Takano,
Alma S. Adams,
Mark DeSaulnier,
Lucy McBath,
Jahana Hayes,
Ilhan Omar,
Summer Lee,
John W. Mannion,
Adelita S. Grijalva,
Members of Congress.
[all]