[Federal Register Volume 84, Number 58 (Tuesday, March 26, 2019)]
[Presidential Documents]
[Pages 11401-11404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05934]



[[Page 11399]]

Vol. 84

Tuesday,

No. 58

March 26, 2019

Part II





The President





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Executive Order 13864--Improving Free Inquiry, Transparency, and 
Accountability at Colleges and Universities
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                         Presidential Documents 
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  Federal Register / Vol. 84 , No. 58 / Tuesday, March 26, 2019 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 11401]]

                Executive Order 13864 of March 21, 2019

                
Improving Free Inquiry, Transparency, and 
                Accountability at Colleges and Universities

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Purpose. The purpose of this order is to 
                enhance the quality of postsecondary education by 
                making it more affordable, more transparent, and more 
                accountable. Institutions of higher education 
                (institutions) should be accountable both for student 
                outcomes and for student life on campus.

                In particular, my Administration seeks to promote free 
                and open debate on college and university campuses. 
                Free inquiry is an essential feature of our Nation's 
                democracy, and it promotes learning, scientific 
                discovery, and economic prosperity. We must encourage 
                institutions to appropriately account for this bedrock 
                principle in their administration of student life and 
                to avoid creating environments that stifle competing 
                perspectives, thereby potentially impeding beneficial 
                research and undermining learning.

                The financial burden of higher education on students 
                and their families is also a national problem that 
                needs immediate attention. Over the past 30 years, 
                college tuition and fees have grown at more than twice 
                the rate of the Consumer Price Index. Rising student 
                loan debt, coupled with low repayment rates, threatens 
                the financial health of both individuals and families 
                as well as of Federal student loan programs. In 
                addition, too many programs of study fail to prepare 
                students for success in today's job market.

                The Federal Government can take meaningful steps to 
                address these problems. Selecting an institution and 
                course of study are important decisions for prospective 
                students and significantly affect long-term earnings. 
                Institutions should be transparent about the average 
                earnings and loan repayment rates of former students 
                who received Federal student aid. Additionally, the 
                Federal Government should make this information readily 
                accessible to the public and to prospective students 
                and their families, in particular.

                This order will promote greater access to critical 
                information regarding the prices and outcomes of 
                postsecondary education, thereby furthering the goals 
                of the National Council for the American Worker 
                established by Executive Order 13845 of July 19, 2018 
                (Establishing the President's National Council for the 
                American Worker). Increased information disclosure will 
                help ensure that individuals make educational choices 
                suited to their needs, interests, and circumstances. 
                Access to this information will also increase 
                institutional accountability and encourage institutions 
                to take into account likely future earnings when 
                establishing the cost of their educational programs.

                Sec. 2. Policy. It is the policy of the Federal 
                Government to:

                    (a) encourage institutions to foster environments 
                that promote open, intellectually engaging, and diverse 
                debate, including through compliance with the First 
                Amendment for public institutions and compliance with 
                stated institutional policies regarding freedom of 
                speech for private institutions;
                    (b) help students (including workers seeking 
                additional training) and their families understand, 
                through better data and career counseling, that not all 
                institutions, degrees, or fields of study provide 
                similar returns on their investment, and consider that 
                their educational decisions should account for the 
                opportunity cost of enrolling in a program;

[[Page 11402]]

                    (c) align the incentives of institutions with those 
                of students and taxpayers to ensure that institutions 
                share the financial risk associated with Federal 
                student loan programs;
                    (d) help borrowers avoid defaulting on their 
                Federal student loans by educating them about risks, 
                repayment obligations, and repayment options; and
                    (e) supplement efforts by States and institutions 
                by disseminating information to assist students in 
                completing their degrees faster and at lower cost.

                Sec. 3. Improving Free Inquiry on Campus. (a) To 
                advance the policy described in subsection 2(a) of this 
                order, the heads of covered agencies shall, in 
                coordination with the Director of the Office of 
                Management and Budget, take appropriate steps, in a 
                manner consistent with applicable law, including the 
                First Amendment, to ensure institutions that receive 
                Federal research or education grants promote free 
                inquiry, including through compliance with all 
                applicable Federal laws, regulations, and policies.

                    (b) ``Covered agencies'' for purposes of this 
                section are the Departments of Defense, the Interior, 
                Agriculture, Commerce, Labor, Health and Human 
                Services, Transportation, Energy, and Education; the 
                Environmental Protection Agency; the National Science 
                Foundation; and the National Aeronautics and Space 
                Administration.
                    (c) ``Federal research or education grants'' for 
                purposes of this section include all funding provided 
                by a covered agency directly to an institution but do 
                not include funding associated with Federal student aid 
                programs that cover tuition, fees, or stipends.

                Sec. 4. Improving Transparency and Accountability on 
                Campus. (a) To advance the policy described in 
                subsections 2(b)-(e) of this order, the Secretary of 
                Education (Secretary) shall, to the extent consistent 
                with applicable law:

(i) make available, by January 1, 2020, through the Office of Federal 
Student Aid, a secure and confidential website and mobile application that 
informs Federal student loan borrowers of how much they owe, how much their 
monthly payment will be when they enter repayment, available repayment 
options, how long each repayment option will take, and how to enroll in the 
repayment option that best serves their needs;

(ii) expand and update annually the College Scorecard, or any successor, 
with the following program-level data for each certificate, degree, 
graduate, and professional program, for former students who received 
Federal student aid:

  (A) estimated median earnings;

  (B) median Stafford loan debt;

  (C) median Graduate PLUS loan debt (if applicable);

  (D) median Parent PLUS loan debt; and

  (E) student loan default rate and repayment rate; and

(iii) expand and update annually the College Scorecard, or any successor, 
with the following institution-level data, providing the aggregate for all 
certificate, degree, graduate, and professional programs, for former 
students who received Federal student aid:

  (A) student loan default rate and repayment rate;

  (B) Graduate PLUS default rate and repayment rate; and

  (C) Parent PLUS default rate and repayment rate.

                    (b) For the purpose of implementing subsection 
                (a)(ii) of this section, the Secretary of the Treasury 
                shall, upon the request of the Secretary, provide in a 
                timely manner appropriate statistical studies and 
                compilations regarding program-level earnings, 
                consistent with section 6108(b) of title 26, United 
                States Code, other applicable laws, and available data 
                regarding programs attended by former students who 
                received Federal student aid.

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                Sec. 5. Reporting Requirements. (a) By January 1, 2020, 
                the Secretary, in consultation with the Secretary of 
                the Treasury, the Director of the Office of Management 
                and Budget, and the Chairman of the Council of Economic 
                Advisers, shall submit to the President, through the 
                Assistant to the President for Domestic Policy and the 
                Assistant to the President for Economic Policy, a 
                report identifying and analyzing policy options for 
                sharing the risk associated with Federal student loan 
                debt among the Federal Government, institutions, and 
                other entities.

                    (b) By January 1, 2020, the Secretary, in 
                consultation with the Secretary of the Treasury, shall 
                submit to the President, through the Assistant to the 
                President for Domestic Policy and the Assistant to the 
                President for Economic Policy, policy recommendations 
                for reforming the collections process for Federal 
                student loans in default.
                    (c) Beginning July 1, 2019, the Secretary shall 
                provide an annual update on the Secretary's progress in 
                implementing the policies set forth in subsections 
                2(b)-(e) of this order to the National Council for the 
                American Worker at meetings of the Council.
                    (d) Within 1 year of the date of this order, the 
                Secretary shall compile information about successful 
                State and institutional efforts to promote students' 
                timely and affordable completion of a postsecondary 
                program of study. Based on that information, the 
                Secretary shall publish a compilation of research 
                results that addresses:

(i) how some States and institutions have better facilitated successful 
transfer of credits and degree completion by transfer students;

(ii) how States and institutions can increase access to dual enrollment 
programs; and

(iii) other strategies for increasing student success, especially among 
students at high risk of not completing a postsecondary program of study.

                Sec. 6. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 11404]]

                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    March 21, 2019.

[FR Doc. 2019-05934
Filed 3-25-19; 11:15 am]
Billing code 3295-F9-P