College Transparency Act
This bill requires the National Center for Education Statistics to establish a secure and privacy-protected data system that contains information about postsecondary students. Specifically, the data system must
The bill also establishes a postsecondary student data system advisory committee.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 800 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 800
To establish a postsecondary student data system.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 14, 2019
Mr. Cassidy (for himself, Ms. Warren, Mr. Scott of South Carolina, Mr.
Whitehouse, Ms. Ernst, Mr. Kaine, Mr. Tillis, Mr. Murphy, Mr. Cornyn,
Mr. Jones, Mr. Gardner, Ms. Hassan, Mr. Roberts, Ms. Baldwin, Mr.
Graham, Mr. Romney, Mr. Brown, and Mr. Perdue) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish a postsecondary student data system.
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 ``College Transparency Act''.
SEC. 2. POSTSECONDARY STUDENT DATA SYSTEM.
Section 132 of the Higher Education Act of 1965 (20 U.S.C. 1015a)
is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) Postsecondary Student Data System.--
``(1) In general.--
``(A) Establishment of system.--The Commissioner of
the National Center for Education Statistics (referred
to in this subsection as the `Commissioner') shall
develop and maintain a secure, privacy-protected
postsecondary student-level data system in order to--
``(i) accurately evaluate student
enrollment patterns, progression, completion,
and postcollegiate outcomes, and higher
education costs and financial aid;
``(ii) assist with transparency,
institutional improvement, and analysis of
Federal aid programs;
``(iii) provide more accurate, complete,
and customizable information for students and
families making decisions about postsecondary
education; and
``(iv) reduce the reporting burden on
institutions of higher education, in accordance
with section 5(b) of the College Transparency
Act.
``(B) Avoiding duplicated reporting.--
Notwithstanding any other provision of this section, to
the extent that another provision of this section
requires the same reporting or collection of data that
is required under this subsection, a postsecondary
institution, or the Secretary or Commissioner, may use
the reporting or data required for the postsecondary
student data system under this subsection to satisfy
both requirements.
``(C) Development process.--In developing the
postsecondary student data system described in this
subsection, the Commissioner shall--
``(i) focus on the needs of--
``(I) users of the data system; and
``(II) entities, including
postsecondary institutions, reporting
to the data system;
``(ii) take into consideration, to the
extent practicable--
``(I) the guidelines outlined in
the U.S. Web Design Standards
maintained by the General Services
Administration and the Digital Services
Playbook and TechFAR Handbook for
Procuring Digital Services Using Agile
Processes of the U.S. Digital Service;
and
``(II) the relevant successor
documents or recommendations of such
guidelines;
``(iii) use modern, relevant privacy- and
security-enhancing technology, and enhance and
update the data system as necessary to carry
out the purpose of this subsection;
``(iv) ensure data privacy and security is
consistent with any Federal law relating to
privacy or data security, including--
``(I) the requirements of
subchapter II of chapter 35 of title
44, United States Code, specifying
security categorization under the
Federal Information Processing
Standards or any relevant successor of
such standards;
``(II) security requirements that
are consistent with the Federal agency
responsibilities in section 3554 of
title 44, United States Code, or any
relevant successor of such
responsibilities; and
``(III) security requirements,
guidelines, and controls consistent
with cybersecurity standards and best
practices developed by the National
Institute of Standards and Technology,
including frameworks, consistent with
section 2(c) of the National Institute
of Standards and Technology Act (15
U.S.C. 272(c)), or any relevant
successor of such frameworks;
``(v) follow Federal data minimization
practices to ensure only the minimum amount of
data is collected to meet the system's goals,
in accordance with Federal data minimization
standards and guidelines developed by the
National Institute of Standards and Technology;
and
``(vi) provide notice to students outlining
the data included in the system and how the
data are used.
``(2) Data elements.--
``(A) In general.--The Commissioner, in
consultation with the Postsecondary Student Data System
Advisory Committee described in subparagraph (B), shall
determine--
``(i) the data elements to be included in
the postsecondary student data system, in
accordance with subparagraphs (C) and (D); and
``(ii) how to include the data elements
required under subparagraph (C), and any
additional data elements selected under
subparagraph (D), in the postsecondary student
data system.
``(B) Postsecondary student data system advisory
committee.--
``(i) Establishment.--The Commissioner
shall establish a Postsecondary Student Data
System Advisory Committee (referred to in this
subsection as the `Advisory Committee'), whose
members shall include--
``(I) the Chief Privacy Officer of
the Department or an official of the
Department delegated the duties of
overseeing data privacy at the
Department;
``(II) the Chief Security Officer
of the Department or an official of the
Department delegated the duties of
overseeing data security at the
Department;
``(III) representatives of diverse
postsecondary institutions, which shall
include equal representation between 2-
year and 4-year institutions of higher
education, and from public, nonprofit,
and proprietary institutions of higher
education, including minority-serving
institutions;
``(IV) representatives from State
higher education agencies, entities,
bodies, or boards;
``(V) representatives of
postsecondary students;
``(VI) representatives from
relevant Federal agencies; and
``(VII) other stakeholders
(including individuals with expertise
in data privacy and security, consumer
protection, and postsecondary education
research).
``(ii) Requirements.--The Commissioner
shall ensure that the Advisory Committee--
``(I) adheres to all requirements
under the Federal Advisory Committee
Act (5 U.S.C. App.);
``(II) establishes operating and
meeting procedures and guidelines
necessary to execute its advisory
duties; and
``(III) is provided with
appropriate staffing and resources to
execute its advisory duties.
``(C) Required data elements.--The data elements in
the postsecondary student data system shall include, at
a minimum, the following:
``(i) Student-level data elements necessary
to calculate the information within the surveys
designated by the Commissioner as `student-
related surveys' in the Integrated
Postsecondary Education Data System (IPEDS), as
such surveys are in effect on the day before
the date of enactment of the College
Transparency Act, except that in the case that
collection of such elements would conflict with
subparagraph (F), such elements in conflict
with subparagraph (F) shall be included in the
aggregate instead of at the student level.
``(ii) Student-level data elements
necessary to allow for reporting student
enrollment, persistence, retention, transfer,
and completion measures for all credential
levels separately (including certificate,
associate, baccalaureate, and advanced degree
levels), within and across postsecondary
institutions (including across all categories
of institution level, control, and predominant
degree awarded). The data elements shall allow
for reporting about all such data disaggregated
by the following categories:
``(I) Enrollment status as a first-
time student, recent transfer student,
or other non-first-time student.
``(II) Attendance intensity,
whether full-time or part-time.
``(III) Credential-seeking status,
by credential level.
``(IV) Race or ethnicity.
``(V) Age intervals.
``(VI) Gender.
``(VII) Program of study (as
applicable).
``(VIII) Military or veteran
benefit status (as determined based on
receipt of veteran's education
benefits, as defined in section
480(c)).
``(IX) Status as a distance
education student, whether exclusively
or partially enrolled in distance
education.
``(X) Federal Pell Grant and
Federal loan recipient status, provided
that the collection of such information
complies with paragraph (1)(B).
``(D) Other data elements.--
``(i) In general.--The Commissioner may,
after consultation with the Advisory Committee
and provision of a public comment period,
include additional data elements in the
postsecondary student data system, such as
those described in clause (ii), if those data
elements--
``(I) are necessary to ensure that
the postsecondary data system fulfills
the purposes described in paragraph
(1)(A); and
``(II) are consistent with data
minimization principles, including the
collection of only those additional
elements that are necessary to ensure
such purposes.
``(ii) Data elements.--The data elements
described in clause (i) may include--
``(I) status as a first generation
college student, as defined in section
402A(h);
``(II) economic status;
``(III) participation in
postsecondary remedial coursework or
gateway course completion; or
``(IV) other data elements that are
necessary in accordance with clause
(i).
``(E) Reevaluation.--Not less than once every 3
years after the implementation of the postsecondary
student data system described in this subsection, the
Commissioner, in consultation with the Advisory
Committee described in subparagraph (B), shall review
the data elements included in the postsecondary student
data system and may revise the data elements to be
included in such system.
``(F) Prohibitions.--The Commissioner shall not
include individual health data (including data relating
to physical health or mental health), student
discipline records or data, elementary and secondary
education data, an exact address, citizenship status,
migrant status, or national origin status for students
or their families, course grades, postsecondary
entrance examination results, political affiliation, or
religion in the postsecondary student data system under
this subsection.
``(3) Periodic matching with other federal data systems.--
``(A) Data sharing agreements.--
``(i) The Commissioner shall ensure secure,
periodic data matches by entering into data
sharing agreements with each of the following
Federal agencies and offices:
``(I) The Secretary of the Treasury
and the Commissioner of the Internal
Revenue Service, in order to calculate
aggregate program- and institution-
level earnings of postsecondary
students.
``(II) The Secretary of Defense, in
order to assess the use of
postsecondary educational benefits and
the outcomes of servicemembers.
``(III) The Secretary of Veterans
Affairs, in order to assess the use of
postsecondary educational benefits and
outcomes of veterans.
``(IV) The Director of the Census
Bureau, in order to assess the
occupational and earnings outcomes of
former postsecondary education
students.
``(V) The Chief Operating Officer
of the Office of Federal Student Aid,
in order to analyze the use of
postsecondary educational benefits
provided under this Act.
``(ii) The heads of Federal agencies and
offices described under clause (i) shall enter
into data sharing agreements with the
Commissioner to ensure secure, periodic data
matches as described in this paragraph.
``(B) Categories of data.--The Commissioner shall,
at a minimum, seek to ensure that the secure periodic
data system matches described in subparagraph (A)
permit consistent reporting of the following categories
of data for all postsecondary students:
``(i) Enrollment, retention, transfer, and
completion outcomes for all postsecondary
students.
``(ii) Financial indicators for
postsecondary students receiving Federal grants
and loans, including grant and loan aid by
source, cumulative student debt, loan repayment
status, and repayment plan.
``(iii) Post-completion outcomes for all
postsecondary students, including earnings,
employment, and further education, by program
of study and credential level and as measured--
``(I) immediately after leaving
postsecondary education; and
``(II) at time intervals
appropriate to the credential sought
and earned.
``(C) Periodic data match streamlining and
confidentiality.--
``(i) Streamlining.--In creating the secure
periodic data system matches described in this
paragraph, the Commissioner shall--
``(I) ensure that such matches are
not continuous, but occur at
appropriate intervals, as determined by
the Commissioner; and
``(II) seek to--
``(aa) streamline the data
collection and reporting
requirements for postsecondary
institutions;
``(bb) minimize duplicative
reporting across or within
Federal agencies or
departments, including
reporting requirements
applicable to postsecondary
institutions under the
Workforce Innovation and
Opportunity Act (29 U.S.C. 3101
et seq.) and the Carl D.
Perkins Career and Technical
Education Act of 2006;
``(cc) protect student
privacy; and
``(dd) streamline the
application process for student
loan benefit programs available
to borrowers based on data
available from different
Federal data systems.
``(ii) Review.--Not less often than once
every 3 years after the establishment of the
postsecondary student data system under this
subsection, the Commissioner, in consultation
with the Advisory Committee, shall review
methods for streamlining data collection from
postsecondary institutions and minimizing
duplicative reporting within the Department and
across Federal agencies that provide data for
the postsecondary student data system.
``(iii) Confidentiality.--The Commissioner
shall ensure that any periodic matching or
sharing of data through periodic data system
matches established in accordance with this
paragraph--
``(I) complies with the security
and privacy protections described in
paragraph (1)(C)(iv) and other Federal
data protection protocols;
``(II) follows industry best
practices commensurate with the
sensitivity of specific data elements
or metrics;
``(III) does not result in the
creation of a single standing, linked
Federal database at the Department that
maintains the information reported
across other Federal agencies; and
``(IV) discloses to postsecondary
students what data are included in the
data system and periodically matched
and how the data are used.
``(iv) Correction.--The Commissioner, in
consultation with the Advisory Committee, shall
establish a process for students to request
access to only their personal information for
inspection and request corrections to
inaccuracies in a manner that protects the
student's personally identifiable information.
The Commissioner shall respond in writing to
every request for a correction from a student.
``(4) Publicly available information.--
``(A) In general.--The Commissioner shall make the
summary aggregate information described in subparagraph
(C), at a minimum, publicly available through a user-
friendly consumer information website and analytic tool
that--
``(i) provides appropriate mechanisms for
users to customize and filter information by
institutional and student characteristics;
``(ii) allows users to build summary
aggregate reports of information, including
reports that allow comparisons across multiple
institutions and programs, subject to
subparagraph (B);
``(iii) uses appropriate statistical
disclosure limitation techniques necessary to
ensure that the data released to the public
cannot be used to identify specific
individuals; and
``(iv) provides users with appropriate
contextual factors to make comparisons, which
may include national median figures of the
summary aggregate information described in
subparagraph (C).
``(B) No personally identifiable information
available.--The summary aggregate information described
in this paragraph shall not include personally
identifiable information.
``(C) Summary aggregate information available.--The
summary aggregate information described in this
paragraph shall, at a minimum, include each of the
following for each postsecondary institution:
``(i) Measures of student access,
including--
``(I) admissions selectivity and
yield; and
``(II) enrollment, disaggregated by
each category described in paragraph
(2)(C)(ii).
``(ii) Measures of student progression,
including retention rates and persistence
rates, disaggregated by each category described
in paragraph (2)(C)(ii).
``(iii) Measures of student completion,
including--
``(I) transfer rates and completion
rates, disaggregated by each category
described in paragraph (2)(C)(ii); and
``(II) number of completions,
disaggregated by each category
described in paragraph (2)(C)(ii).
``(iv) Measures of student costs,
including--
``(I) tuition, required fees, total
cost of attendance, and net price after
total grant aid, disaggregated by in-
State tuition or in-district tuition
status (if applicable), program of
study (if applicable), and credential
level; and
``(II) typical grant amounts and
loan amounts received by students
reported separately from Federal,
State, local, and institutional
sources, and cumulative debt,
disaggregated by each category
described in paragraph (2)(C)(ii) and
completion status.
``(v) Measures of postcollegiate student
outcomes, including employment rates, mean and
median earnings, loan repayment and default
rates, and further education rates. These
measures shall--
``(I) be disaggregated by each
category described in paragraph
(2)(C)(ii) and completion status; and
``(II) be measured immediately
after leaving postsecondary education
and at time intervals appropriate to
the credential sought or earned.
``(D) Development criteria.--In developing the
method and format of making the information described
in this paragraph publicly available, the Commissioner
shall--
``(i) focus on the needs of the users of
the information, which will include students,
families of students, potential students,
researchers, and other consumers of education
data;
``(ii) take into consideration, to the
extent practicable, the guidelines described in
paragraph (1)(C)(ii)(I), and relevant successor
documents or recommendations of such
guidelines;
``(iii) use modern, relevant technology and
enhance and update the postsecondary student
data system with information, as necessary to
carry out the purpose of this paragraph;
``(iv) ensure data privacy and security in
accordance with standards and guidelines
developed by the National Institute of
Standards and Technology, and in accordance
with any other Federal law relating to privacy
or security, including complying with the
requirements of subchapter II of chapter 35 of
title 44, United States Code, specifying
security categorization under the Federal
Information Processing Standards, and security
requirements, and setting of National Institute
of Standards and Technology security baseline
controls at the appropriate level; and
``(v) conduct consumer testing to determine
how to make the information as meaningful to
users as possible.
``(5) Permissible disclosures of data.--
``(A) Data reports and queries.--
``(i) In general.--The Commissioner shall
develop and implement a secure process for
making student-level, non-personally
identifiable information, with direct
identifiers removed, from the postsecondary
student data system available for vetted
research and evaluation purposes approved by
the Commissioner in a manner compatible with
practices for disclosing National Center for
Education Statistics restricted-use survey data
as in effect on the day before the date of
enactment of the College Transparency Act, or
by applying other research and disclosure
restrictions to ensure data privacy and
security. Such process shall be approved by the
National Center for Education Statistics'
Disclosure Review Board or its successor body.
``(ii) Providing data reports and queries
to institutions and states.--
``(I) In general.--The Commissioner
shall provide feedback reports, at
least annually, to each postsecondary
institution, each postsecondary
education system that fully
participates in the postsecondary
student data system, and each State
higher education body as designated by
the governor.
``(II) Feedback reports.--The
feedback reports provided under this
clause shall include program-level and
institution-level information from the
postsecondary student data system
regarding students who are associated
with the institution or, for State
representatives, the institutions
within that State, on or before the
date of the report, on measures
including student mobility and
workforce outcomes, provided that the
feedback aggregate summary reports
protect the privacy of individuals.
``(III) Determination of content.--
The content of the feedback reports
shall be determined by the Commissioner
in consultation with the Advisory
Committee.
``(iii) Permitting state data queries.--The
Commissioner shall, in consultation with the
Advisory Committee and as soon as practicable,
create a process through which States may
submit lists of secondary school graduates
within the State to receive summary aggregate
outcomes for those students who enrolled at a
postsecondary institution, including
postsecondary enrollment and college
completion, provided that those data protect
the privacy of individuals and that the State
data submitted to the Commissioner are not
stored in the postsecondary education system.
``(iv) Regulations.--The Commissioner shall
promulgate regulations to ensure fair, secure,
and equitable access to data reports and
queries outlined in this paragraph.
``(B) Disclosure limitations.--In carrying out the
public reporting and disclosure requirements of this
Act, the Commissioner shall use appropriate statistical
disclosure limitation techniques necessary to ensure
that the data released to the public cannot include
personally identifiable information or be used to
identify specific individuals.
``(C) Sale of data prohibited.--Data collected
under this subsection, including the public-use data
set and data comprising the summary aggregate
information available under paragraph (4), shall not be
sold to any third party by the Commissioner, including
any postsecondary institution or any other entity.
``(D) Limitation on use by other federal
agencies.--
``(i) In general.--The Commissioner shall
not allow any other Federal agency to use data
collected under this subsection for any purpose
except--
``(I) for vetted research and
evaluation conducted by the other
Federal agency, as described in
subparagraph (A)(i); or
``(II) for a purpose explicitly
authorized by this Act.
``(ii) Prohibition on limitation of
services.--The Secretary, or the head of any
other Federal agency, shall not use data
collected under this subsection to limit
services to students.
``(E) Law enforcement.--Personally identifiable
information collected under this subsection shall not
be used for any Federal, State, or local law
enforcement activity or any other activity that would
result in adverse action against any student or a
student's family, including debt collection activity or
enforcement of immigration laws.
``(F) Limitation of use for federal rankings or
summative rating system.--The comprehensive data
collection and analysis necessary for the postsecondary
student data system under this subsection shall not be
used by the Secretary or any Federal entity to
establish any Federal ranking system of postsecondary
institutions or a system that results in a summative
Federal rating of postsecondary institutions.
``(G) Rule of construction.--Nothing in this
paragraph shall be construed to prevent the use of
individual categories of aggregate information to be
used for accountability purposes, such as for the
calculation of the cohort default rate under section
435(m).
``(H) Rule of construction regarding commercial use
of data.--Nothing in this paragraph shall be construed
to prohibit third-party entities from using publicly-
available information in this data system for
commercial use.
``(6) Submission of data.--
``(A) Required submission.--Each institution of
higher education participating in a program under title
IV, or the assigned agent of such institution, shall,
in accordance with section 487(a)(17), collect, and
submit to the Commissioner, the data requested by the
Commissioner to carry out this subsection.
``(B) Voluntary submission.--Any postsecondary
institution not participating in a program under title
IV may voluntarily participate in the postsecondary
student data system under this subsection by collecting
and submitting data to the Commissioner, as the
Commissioner may request to carry out this subsection.
``(C) Personally identifiable information.--In
accordance with paragraph (2)(C)(i), if the submission
of an element of student-level data is prohibited under
paragraph (2)(F) (or otherwise prohibited by law), the
institution of higher education shall submit that data
to the Commissioner in the aggregate.
``(7) Unlawful willful disclosure.--
``(A) In general.--It shall be unlawful for any
person who obtains or has access to personally
identifiable information in connection with the
postsecondary student data system described in this
subsection to willfully disclose to any person (except
as authorized in this Act or any Federal law) such
personally identifiable information.
``(B) Penalty.--Any person who violates
subparagraph (A) shall be subject to a penalty
described under section 513 of the Confidential
Information Protection and Statistical Efficiency Act
of 2002 (44 U.S.C. 3501 note) and section 183(d)(6) of
the Education Sciences Reform Act of 2002 (20 U.S.C.
9573(d)(6)).
``(C) Employee of officer of the united states.--If
a violation of subparagraph (A) is committed by any
officer or employee of the United States, the officer
or employee shall be dismissed from office or
discharged from employment upon conviction for the
violation.
``(8) Data security.--The Commissioner shall produce and
update as needed guidance and regulations relating to privacy,
security, and access which shall govern the use and disclosure
of data collected in connection with the activities authorized
in this subsection. The guidance and regulations developed and
reviewed shall protect data from unauthorized access, use, and
disclosure, and shall include--
``(A) an audit capability, including mandatory and
regularly conducted audits;
``(B) access controls;
``(C) requirements to ensure sufficient data
security, quality, validity, and reliability;
``(D) student confidentiality protection in
accordance with the Confidential Information Protection
and Statistical Efficiency Act;
``(E) appropriate and applicable privacy and
security protection, including data retention and
destruction protocols and data minimization, in
accordance with the most recent Federal standards
developed by the National Institute of Standards and
Technology; and
``(F) protocols for managing a breach, including
breach notifications, in accordance with the standards
of National Center for Education Statistics.
``(9) Data collection.--The Commissioner shall ensure that
data collection, maintenance, and use under this subsection
complies with section 552a of title 5, United States Code.
``(10) Definitions.--In this subsection:
``(A) Institution of higher education.--The term
`institution of higher education' has the meaning given
the term in section 102.
``(B) Personally identifiable information.--The
term `personally identifiable information' has the
meaning given the term in section 444 of the General
Education Provisions Act (20 U.S.C. 1232g).
``(C) Postsecondary institution.--The term
`postsecondary institution' includes an institution of
higher education.''.
SEC. 3. REPEAL OF PROHIBITION ON STUDENT DATA SYSTEM.
Section 134 of the Higher Education Act of 1965 (20 U.S.C. 1015c)
is repealed.
SEC. 4. INSTITUTIONAL REQUIREMENTS.
Paragraph (17) of section 487(a) of the Higher Education Act of
1965 (20 U.S.C. 1094(a)) is amended to read as follows:
``(17) The institution or the assigned agent of the
institution will collect and submit data to the Commissioner
for Education Statistics in accordance with section 132(l), the
nonstudent related surveys within the Integrated Postsecondary
Education Data System (IPEDS), or any other Federal
postsecondary institution data collection effort (as designated
by the Secretary), in a timely manner and to the satisfaction
of the Secretary.''.
SEC. 5. EFFECTIVE DATE; TRANSITION PROVISIONS.
(a) Effective Date.--Sections 1, 2, and 4 of this Act, and the
amendments made by such sections, shall take effect on the date that is
4 years after the date of enactment of this Act.
(b) In General.--The Secretary of Education and the Commissioner
for Education Statistics shall take such steps as are necessary to
ensure that the transition to, and implementation of, the postsecondary
student data system required under section 132(l) of the Higher
Education Act of 1965, as added by section 2 of this Act, happens in a
manner that reduces the reporting burden for postsecondary institutions
that reported into the Integrated Postsecondary Education Data System
(IPEDS).
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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