Student Right to Know Before You Go Act of 2019
This bill requires the National Center for Education Statistics to establish and maintain a new higher education data system. The Center must use the system to calculate student education, debt-related, and earning metrics (e.g., student graduation rates, transfer rates, rates of continuation to subsequent levels of education, dropout rates, loan debt amounts, loan repayment rates, and debt-to-earnings ratios) for each institution of higher education (IHE) that participates in federal student aid programs. The metrics must be disaggregated and separately provided on the basis of specified categories.
The system must meet requirements for minimizing privacy and security risks.
The bill provides for the transition from the existing Integrated Postsecondary Education Data System to the new higher education data system.
The Department of Education (ED) must publish the metrics and post the metrics on its website. Within five years, an IHE that participates in federal student aid programs must display links on its website to ED's website that provides metrics data.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1565 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1565
To establish a new higher education data system to allow for more
accurate, complete, and secure data on student retention, graduation,
and earnings outcomes, at all levels of postsecondary enrollment, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 6, 2019
Mr. Hunter (for himself, Mr. Fitzpatrick, and Mr. Peters) introduced
the following bill; which was referred to the Committee on Education
and Labor, and in addition to the Committees on Armed Services,
Veterans' Affairs, and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish a new higher education data system to allow for more
accurate, complete, and secure data on student retention, graduation,
and earnings outcomes, at all levels of postsecondary enrollment, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Right to Know Before You Go
Act of 2019''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Aided student.--The term ``aided student'' means a
student enrolled in an institution of higher education who has
received assistance under a Federal student financial aid
program.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner for Education Statistics.
(3) Department.--The term ``Department'' means the
Department of Education.
(4) Federal student financial aid program.--The term
``Federal student financial aid program'' means any of the
following:
(A) The Federal Pell Grant program under subpart 1
of part A of title IV of the Higher Education Act of
1965 (20 U.S.C. 1070a et seq.).
(B) The Federal Family Education Loan program under
part B of such title (20 U.S.C. 1071 et seq.).
(C) The Federal Direct Loan program under part D of
such title (20 U.S.C. 1087a et seq.).
(D) The Federal Perkins Loan program under part E
of such title (20 U.S.C. 1087aa et seq.).
(5) Higher education data system.--The term ``higher
education data system'' means the data system established under
section 3(a).
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(7) IPEDS.--The term ``IPEDS'' means the Integrated
Postsecondary Education Data System administered by the
Commissioner of Education Statistics.
(8) Machine-readable format.--The term ``machine-readable
format'' means a format in which information or data can be
easily processed by a computer without human intervention while
ensuring no semantic meaning is lost.
(9) Personally identifiable information.--The term
``personally identifiable information'' includes--
(A) a student's name;
(B) the name of a student's parent or other family
members;
(C) the address of a student or student's family;
(D) a personal identifier, such as a student's
social security number, student number, or biometric
record;
(E) other indirect identifiers, such as a student's
date of birth, place of birth, and mother's maiden
name;
(F) other information that, alone or in
combination, is linked or linkable to a specific
student that would allow a reasonable person in the
school community, who does not have personal knowledge
of the relevant circumstances, to identify the student
with reasonable certainty; or
(G) information requested by a person who the
educational agency or institution reasonably believes
knows the identity of the student to whom the education
record relates.
(10) Reporting entity.--The term ``reporting entity'' means
an institution of higher education, Federal agency, or other
entity that submits data components for the higher education
data system.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(12) Secure multi-party computation.--The term ``secure
multi-party computation'' means a computerized system that
enables different participating entities in possession of
private sets of data to link and aggregate their data sets for
the exclusive purpose of performing a finite number of pre-
approved computations without transferring or otherwise
revealing any private data to each other or anyone else.
(13) Student-focused ipeds metrics.--The term ``student-
focused IPEDS metrics'' means the aggregate metrics required
under IPEDS, as in effect on the day before the date of
enactment of this Act, that are student-related and calculated
using student-related data components (such as student
enrollment rates and graduation rates).
SEC. 3. HIGHER EDUCATION DATA SYSTEM.
(a) Establishment of New Data System.--By not later than October 1,
2021, the Secretary, acting through the Commissioner, shall establish
and maintain a new higher education data system that meets the
requirements of subsection (b).
(b) Requirements of Data System.--The higher education data system
shall--
(1) facilitate the compilation of statistical data
necessary to create a robust and useful higher education data
system while minimizing the privacy and security risks by using
commercially available technology that, at a minimum, uses
technical protection measures that reasonably ensure that--
(A) a reporting entity's raw data, including
personally identifiable information, shall not be
accessible through the system to the Department or any
party other than the reporting entity;
(B) no information about the data components used
in the system is revealed by the system to the
Department or any other party, except as incorporated
into the outcome metrics described in section 5; and
(C) no data or information that can identify an
individual is revealed by the system to the Department
or any other party;
(2)(A) permit only the Office of the Commissioner, directly
and not by grant or contract, to perform statistical queries
necessary to determine the outcome metrics described in section
5 using the data components submitted by the reporting
entities; and
(B) prohibit, using commercially available technology, any
other queries by the Department or any other party through the
system;
(3) be resistant, to the extent possible using commercially
available technology, to attempts by any party to individually
identify individuals in the data components submitted by
reporting entities; and
(4) minimize, to the extent possible using commercially
available technology, the privacy risks to individuals whose
data has been submitted by a reporting entity that could result
from data breaches of any system operated by the reporting
entity.
(c) Considerations.--In designing, establishing, and maintaining
the higher education data system, the Secretary, acting through the
Commissioner, shall use the best available cybersecurity and privacy-
enhancing technologies to protect the data collected under such system
and the privacy of the underlying individuals. In designing the data
system, the Commissioner--
(1) shall use secure multiparty computation technologies;
or
(2) may utilize technology other than secure multiparty
computation technologies if the other technology--
(A) fully complies with subparagraphs (A) through
(C) of subsection (b)(1); and
(B) delivers greater student privacy and security
than secure multiparty computation.
(d) Rules and Guidance.--
(1) In general.--By not later than 1 year after the date of
enactment of this Act, the Secretary, acting through the
Commissioner, shall issue rules regarding how reporting
entities, and other entities performing the reporting duties in
accordance with section 4(a)(2)(B), shall comply with the
requirements established under this Act and the amendments made
to the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) by
this Act. Such rules shall--
(A) establish common definitions for reporting
entities to follow in submitting the data components
required under section 4; and
(B) establish the collection and submission
requirements for the higher education data system.
(2) Protection of data.--The Secretary shall promulgate and
periodically review rules or guidance relating to security
under this Act, which shall govern the access, use, and
disclosure of data collected in connection with the activities
authorized in this Act. The rules or guidance described in this
paragraph shall--
(A) be consistent with the need to protect data
from unauthorized access, use, and disclosure; and
(B) include--
(i) an audit capability and requirements
for routine audits;
(ii) access controls; and
(iii) requirements to ensure sufficient
data security, quality, validity, and
reliability.
(3) Review.--Every 5 years, the Secretary shall review, and
update as appropriate, the rules and guidance issued under
paragraphs (1) and (2).
(e) Notice.--The Secretary shall provide a clear, prominent,
comprehensible, and non-misleading notice of the requirements of this
section that shall--
(1) describe how the requirements of this section are to be
implemented, and how personal information is to be collected,
used, analyzed, or retained pursuant to this Act; and
(2) be posted on the website of the Department and made
available to all reporting entities.
(f) Rule of Construction.--Nothing in this section shall be
construed to place requirements or restrictions on activity not
specifically related to establishing and maintaining the higher
education data system.
SEC. 4. REPORTING OF DATA COMPONENTS.
(a) Data Components Reported by Institutions of Higher Education.--
(1) In general.--By not later than October 1, 2021, each
institution of higher education participating in any Federal
student financial assistance program shall report to the higher
education data system--
(A) not more than the minimum student-level data
necessary to enable the Commissioner to calculate the
metrics described in section 5 for each year; and
(B) not more than the minimum student-level data
necessary for the Commissioner to calculate the
student-focused IPEDS metrics for each year.
(2) Use of technology.--In reporting the data described in
paragraph (1) to the higher education data system, the
institution may--
(A) directly report the data using the technology
described in section 3(b)(1) and authorized in a rule
or guidance issued under section 3(d); or
(B) submit such data to a third-party servicer that
has demonstrated the capacity to utilize such
technology and agreed to conduct the reporting for the
institution.
(b) Data Components Reported From the Social Security
Administration and the Secretary of the Treasury.--Beginning October 1,
2021, the Commissioner of Social Security and the Secretary of the
Treasury shall report to the higher education data system the earnings
data components for individuals employed in the United States,
including the self-employed, independent contractors, and members of
the military, that--
(1) are available to the Commissioner of Social Security or
the Secretary, respectively; and
(2) are necessary, as determined by the Commissioner for
Education Statistics, for the calculation of the outcome
metrics described in section 5 for each year.
(c) Military-Related Data Components Reported From the Secretary of
Defense and the Secretary of Veterans Affairs.--Beginning October 1,
2021, the Secretary of Defense and the Secretary of Veterans Affairs
shall report to the higher education data system the data components
relating to the recipients of educational assistance benefits provided
directly to servicemembers and veterans under the laws administered by
the Secretary of Veterans Affairs and Secretary of Defense, that--
(1) are available to each such Secretary; and
(2) are necessary, as determined by the Commissioner, for
the calculation of the outcome metrics described in section 5
for each year.
(d) Financial Assistance Eligibility Data From the Secretary of
Education.--Beginning October 1, 2021, the Secretary shall provide to
the higher education data system the data components relating to
individual eligibility for, and receipt of aid from, all Federal
student financial aid programs that are necessary for the calculation
of the outcome metrics described in section 5 for each year.
SEC. 5. ESTABLISHMENT OF NEW METRICS.
(a) Metrics.--
(1) In general.--Beginning not later than 4 years after the
date of enactment of this Act and annually thereafter, the
Secretary, acting through the Commissioner, shall use the
higher education data system to calculate only the metrics
described in subsections (b) and (c) for each institution
participating in the system and, wherever applicable and
feasible, for each program of study at the institution.
(2) Period of data.--The Secretary shall calculate the
metrics described in subsections (b) and (c) for the previous
year.
(b) Education and Debt-Related Metrics.--
(1) In general.--The education and debt-related metrics to
be calculated under the higher education data system are the
following:
(A) All student-focused IPEDS metrics.
(B) The percentage of students who receive each of
the following:
(i) Federal grants.
(ii) Federal loans.
(iii) State grants.
(iv) State loans.
(v) Private loans.
(vi) Private scholarships.
(vii) Institutional grants.
(viii) Institutional loans.
(C) Student completion rates, calculated based on
the percentage of students who complete the program
within 100 percent, 150 percent, and 200 percent of
normal program completion time.
(D) The mean and median amount of Federal loan
debt, including accrued interest, incurred by aided
students while enrolled in the institution for the most
recent award year for which data are available.
(E) The mean and median amount of total Federal
loan debt, including accrued interest, incurred by
aided students of the institution, as of the date of
the student's graduation or completion of the student's
program of study.
(F) The mean and median amount of total Federal
loan debt, including accrued interest, of aided
students who do not complete a program, measured as of
the day before the student's repayment period for any
such loans begin.
(G) The loan repayment rates of students who
enrolled in the institution, as of 2, 6, and 15 years
after the date of program completion or exit.
(H) Student transfer rates, which shall be defined
as the percentage of students who leave an institution
and successfully enroll in a program of study at
another institution, by sector of transfer, including
whether the receiving program of study is offered by a
public 4-year institution, public 2-year institution,
public less-than-2-year institution, private nonprofit
4-year institution, private nonprofit 2-year
institution, private nonprofit less-than-2-year
institution, private for-profit 4-year institution,
private for-profit 2-year institution, or private for-
profit less-than-2-year institution.
(I) Transfer student completion rates, which shall
be defined as the percentage of students who leave an
institution, successfully enroll in a program of study
at another institution, and complete such program of
study, by sector of transfer (as described in
subparagraph (H)).
(J) Rates of continuation to subsequent levels of
education, including lateral, higher, and lower levels
of degree or credential progression, disaggregated by
credential sought (including master's degree, law
degree, medical degree, veterinary degree, and
postbaccalaureate certificate).
(K) The percentage of students who receive the
degree level they initially sought and the percentage
of students who receive a higher degree level.
(L) The percentage of students who drop out of the
institution without receiving a degree or credential.
(2) Disaggregation.--
(A) In general.--The education and debt-related
metrics described in paragraph (1) shall be
disaggregated and separately provided, except as
allowed under subparagraph (B), on the basis of the
following uncombined categories of data:
(i) Students who received a Federal Pell
Grant under subpart 1 of part A of title IV of
the Higher Education Act of 1965 (20 U.S.C.
1070a et seq.).
(ii) Students who received a loan under
part B or D of such title (20 U.S.C. 1071 et
seq.; 1087 et seq.) but not a Federal Pell
Grant.
(iii) Students who received neither a
Federal Pell Grant, nor a loan under such part
B or D.
(iv) Students who are recipients of
educational assistance benefits provided
directly to veterans under the law. The
Secretary of Veterans Affairs shall coordinate
with the Secretary to make available data
sufficient to enable such reporting under this
subparagraph.
(v) Students who are servicemembers or
veterans.
(vi) Enrollment status, including the
following:
(I) First-time, full-time students.
(II) First-time, part-time
students.
(III) Non-first-time, full-time
students.
(IV) Non-first-time, part-time
students.
(vii) Race or ethnicity.
(viii) Age or age intervals.
(ix) Gender.
(x) First-generation postsecondary
education student status.
(xi) The type of credential (including a
baccalaureate degree, associate's degree, and a
certificate) sought by the student through the
program of study.
(xii) Whether the student is college-ready
or non-college-ready in mathematics and
science, as determined by the institution of
higher education.
(xiii) Completion status.
(B) Exception.--The education and debt-related
metrics described in a category under any of clauses
(i) through (iv), (xi), or (xiii) of subparagraph (A)
may be derived for purposes of the requirements of such
subparagraph by combining data for such category with
another single category of data described in any of
clauses (i) through (xiii) of such subparagraph.
(c) Earning Metrics.--The earning metrics shall be calculated in
the following manner:
(1) The earnings metrics shall consist of the debt-to-
earnings ratio, and the annual earnings from employment, of
students who enrolled in the institution of higher education--
(A) calculated at the mean, median, and 10th, 25th,
75th, and 90th percentiles of such students; and
(B) further disaggregated by--
(i) program of study and credential
received;
(ii) the State in which the student is
employed; and
(iii) completion status.
(2) The debt-to-earnings ratios and the annual earnings
from employment calculated and disaggregated under paragraph
(1) shall be calculated and reported for students for each of
the following time periods:
(A) Two years after the student's educational
program completion or exit.
(B) Six years after the student's educational
program completion or exit.
(C) Fifteen years after the student's educational
program completion or exit.
SEC. 6. TRANSITION.
(a) Ensuring Comparability of Data Metrics.--For a period of 5
years beginning on the date on which the new outcome metrics under this
Act are first reported to the public under section 7(a), the Secretary
shall be responsible for publishing all student-focused IPEDS metrics
as required under IPEDS as of the day before the date of enactment of
this Act.
(b) Transition.--Beginning 5 years after the date on which the new
outcome metrics under this Act are first reported to the public under
section 7(a), the higher education data system shall replace any
separate reporting or data collection requirements under IPEDS
involving the student-focused IPEDS metrics.
SEC. 7. DISCLOSURE AND USE OF DATA.
(a) In General.--The Secretary shall--
(1) make the outcome metrics described in section 5 for
each year available on the website of the Department and
through any other appropriate method, in a timely and user-
friendly manner; and
(2) publish such outcome metrics in a machine-readable
format--
(A) on the website of the Department and through
any other appropriate method; and
(B) in a timely manner.
(b) Sale of Data Components Prohibited.--The Secretary shall not
sell any data components collected for the higher education data system
to any third party.
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to affect any other activity
related to data collection undertaken by the Department of Education or
any other Federal agency that is authorized under any other Federal
law, except as provided under section 6 with respect to the collection
of the IPEDS student-focused metrics.
SEC. 9. AMENDMENTS TO THE HIGHER EDUCATION ACT OF 1965.
(a) Removing Duplicative Requirements.--The Higher Education Act of
1965 (20 U.S.C. 1001 et seq.) is amended--
(1) in section 132(i)(4), by inserting at the end the
following: ``, subject to the requirements of the Student Right
to Know Before You Go Act of 2019 and until the Secretary
determines that the transition to the higher education data
system established under such Act has occurred.''; and
(2) in section 485, by adding at the end the following:
``(n) Alignment With Institutional Reporting Requirements.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Student Right to Know Before You Go Act of
2019, the Secretary shall issue guidance outlining which data
metrics required to be submitted by institutions of higher
education under such Act are duplicative of institutional
reporting requirements under this section or other requirements
under such Act.
``(2) Link to institutional reporting website.--
``(A) In general.--Not later than 5 years after the
date of enactment of the Student Right to Know Before
You Go Act of 2019, an institution of higher education
participating in any program under this title shall--
``(i) notwithstanding any other provision
of law, not be required to meet any duplicative
requirements identified under paragraph (1);
and
``(ii) provide a prominently displayed link
on the institution's website to the website of
the Department that provides the outcome
metrics of the higher education data system
established under the Student Right to Know
Before You Go Act of 2019.
``(B) Requirements of link.--The link described in
subparagraph (A)(ii) shall--
``(i) at a minimum, be included on any
webpage for the institution with cost,
financial aid, admissions, or other consumer
information; and
``(ii) be clear, conspicuous, and readily
accessible, as determined by the Secretary.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for each of fiscal years 2020 through 2028.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and Labor, and in addition to the Committees on Armed Services, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committees on Armed Services, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committees on Armed Services, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committees on Armed Services, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Military Personnel.
Referred to the Subcommittee on Economic Opportunity.
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