[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5698-S5701]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6164. Ms. WARREN (for herself and Mr. Cassidy) submitted an
amendment intended to be proposed to amendment SA 5499 submitted by Mr.
Reed (for himself and Mr. Inhofe) and intended to be proposed to the
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. POSTSECONDARY STUDENT DATA SYSTEM.
(a) Short Title.--This section may be cited as the
``College Transparency Act''.
(b) 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.--Not later than 4 years
after the date of enactment of the College Transparency Act,
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 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 __(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, an
institution of higher education, 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 institutions of higher
education, 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.--Not later than 4 years after the date of
enactment of the College Transparency Act, the Commissioner,
in consultation with the Postsecondary Student Data System
Advisory Committee established under 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.--Not later than 2 years after the date
of enactment of the College Transparency Act, 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;
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``(III) representatives of diverse institutions of higher
education, 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 institutions
of higher education (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, in a manner that captures all the
racial groups specified in the most recent American Community
Survey of the Bureau of the Census.
``(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 recipient status under section 401
and Federal loan recipient status under title IV, 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 Bureau of the Census, in order
to assess the 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.
``(VI) The Commissioner of the Social Security
Administration, in order to evaluate labor market outcomes of
former postsecondary education students.
``(VII) The Commissioner of the Bureau of Labor Statistics,
in order to assess the wages of former postsecondary
education students.
``(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 carrying out the secure periodic
data system matches under this paragraph, the Commissioner
shall--
``(I) ensure that such matches are not continuous, but
occur only periodically at appropriate intervals, as
determined by the Commissioner to meet the goals of
subparagraph (A); and
``(II) seek to--
``(aa) streamline the data collection and reporting
requirements for institutions of higher education;
``(bb) minimize duplicative reporting across or within
Federal agencies or departments, including reporting
requirements applicable to institutions of higher education
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 institutions of
higher education 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
[[Page S5700]]
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 institution
of higher education:
``(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.--Not later than 4 years after the date of
enactment of the College Transparency Act, 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 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 institution of higher
education, 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 an institution of higher education,
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 under this paragraph.
``(B) Disclosure limitations.--In carrying out the public
reporting and disclosure requirements of this subsection, 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 institution of higher education
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
institutions of higher education or a system that results in
a summative Federal rating of institutions of higher
education.
``(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.
``(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, for each eligible
program, 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 institution of higher
education 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.--
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``(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 by any Federal
law) such personally identifiable information.
``(B) Penalty.--Any person who violates subparagraph (A)
shall be subject to a penalty described under section 3572(f)
of title 44, United States Code, and section 183(d)(6) of the
Education Sciences Reform Act of 2002 (20 U.S.C. 9573(d)(6)).
``(C) Employee or 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) confidentiality protection in accordance with the
applicable provisions of subchapter III of chapter 35 of
title 44, United States Code;
``(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) Minority-serving institution.--The term `minority-
serving institution' means an institution of higher education
listed in section 371(a).
``(C) Personally identifiable information.--The term
`personally identifiable information' means personally
identifiable information within the meaning of section 444 of
the General Education Provisions Act.''.
(c) Repeal of Prohibition on Student Data System.--Section
134 of the Higher Education Act of 1965 (20 U.S.C. 1015c) is
repealed.
(d) Institutional Requirements.--
(1) In general.--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 institution of higher education data collection
effort (as designated by the Secretary), in a timely manner
and to the satisfaction of the Secretary.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is 4 years after the date
of enactment of this Act.
(e) Transition Provisions.--The Secretary of Education and
the Commissioner for Education Statistics shall take such
steps as are necessary to ensure that the development and
maintenance of the postsecondary student data system required
under section 132(l) of the Higher Education Act of 1965, as
added by subsection (b) of this section, occurs in a manner
that reduces the reporting burden for entities that reported
into the Integrated Postsecondary Education Data System
(IPEDS).
______