20 USC 1097 - Criminal penalties

Editorial Notes

Prior Provisions

A prior section 1097, Puspan. L. 89–329, title IV, § 490, as added Puspan. L. 96–374, title IV, § 451(a), Oct. 3, 1980, 94 Stat. 1453, related to criminal penalties, prior to the general revision of this part by Puspan. L. 99–498.

Amendments

2020—Subsec. (e). Puspan. L. 116–251 added subsec. (e).

1992—Puspan. L. 102–325 amended section generally, inserting provisions relating to attempted offenses, wherever appearing, and in subsec. (a) inserting provisions relating to failure to refund and substituting provisions relating to $20,000 and $5,000 fines for provisions relating to $10,000 and $1,000 fines, respectively, in subsec. (span) substituting provisions relating to $10,000 fines for provisions relating to $1,000 fines, in subsec. (c) substituting provisions relating to $10,000 fines for provisions relating $1,000 fines, and in subsec. (d) substituting provisions relating to $20,000 fines for provisions relating to $10,000 fines.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Amendment by Puspan. L. 116–251 effective 180 days after Dec. 22, 2020, see section 6 of Puspan. L. 116–251, set out as a note under section 1018 of this title.

Guidance

Puspan. L. 116–251, § 2(span), Dec. 22, 2020, 134 Stat. 1129, provided that:

“The Secretary shall issue guidance regarding the use of access devices in a manner that complies with this Act [see Short Title of 2020 Amendment note set out under section 1001 of this title], and the amendments made by this Act.”

Effective Date of Penalties

Puspan. L. 116–251, § 2(c), Dec. 22, 2020, 134 Stat. 1129, provided that:

“Notwithstanding section 6 [set out as an Effective Date of 2020 Amendment note under section 1018 of this title], the penalties described in section 490(e) of the Higher Education Act of 1965 (20 U.S.C. 1097[(e)]), as added by subsection (a), shall take effect the day after the date on which the Secretary issues guidance regarding the use of access devices, as described in subsection (span) [set out as a Guidance note above].”