,,ii #aaeth ,,congress #ast ,session ,s4 #aaba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ae1 #bjag ,mr4 ,hatch 7for himself1 ,ms4 ,warren1 ,mr4 ,cassidy1 and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to establish a postsecondary student data system4 #a4 ,short title ,this ,act may be cited as the ,college ,transparency ,act4 #b4 ,postsecondary student data system 7a7 ,in general ,section #acb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajae;a7 is amended-- 7#a7 by redesignating subsection 7l7 as subsection 7m72 and 7#b7 by inserting after subsection 7k7 the following3 7l7 ,postsecondary student data system 7#a7 ,in general 7,a7 ,establishment of system ,the ,commissioner for ,education ,statistics 7referred to in this subsection as the ,commissioner7 shall develop and maintain a secure1 privacy-protected postsecondary student data system in order to-- 7i7 accurately evaluate student enrollment patterns1 progression1 completion1 and postcollegiate outcomes1 and higher education costs and financial aid at the student level2 7ii7 assist with transparency1 institutional improvement1 and analysis of ,federal aid programs2 7iii7 provide more accurate1 complete1 and customizable information for students and families making decisions about postsecondary education2 and 7iv7 reduce the reporting burden on institutions of higher education postsecondary institutions1 in accordance with section #e7;b7 of the ,college ,transparency ,act4 7,b7 ,avoiding duplicated reporting ,notwithstanding any other provision of this section1 to the extent that another provision of this section requires the same reporting or collection of data that is required under this subsection1 a postsecondary institution1 or the ,secretary or ,commissioner1 may use the reporting or data required for the postsecondary student data system under this subsection to satisfy both requirements4 7,c7 ,development process ,in developing the postsecondary student data system described in this subsection1 the ,commissioner shall-- 7i7 focus on the needs of-- 7,i7 users of the data system2 and 7,,ii7 entities1 including postsecondary institutions1 reporting to the data system2 7ii7 take into consideration1 to the extent practicable-- 7,i7 the guidelines outlined in the ,u4,s4 ,web ,design ,standards maintained by the ,general ,services ,administration and the ,digital ,services ,playbook and ,tech,f,a,r ,handbook for ,procuring ,digital ,services ,using ,agile ,processes of the ,u4,s4 ,digital ,service2 and 7,,ii7 the relevant successor documents or recommendations of such guidelines2 7iii7 use modern1 relevant technology and enhance and update the data system as necessary to carry out the purpose of this subsection2 and 7iv7 ensure data privacy and security in accordance with the most recent ,federal standards developed by the ,national ,institute of ,standards and ,technology4 7#b7 ,data elements 7,a7 ,in general ,the ,commissioner1 after consultation with postsecondary institutions 7including institutions of higher education7 and other stakeholders 7including individuals with expertise in data privacy and security1 and in consumer protection71 shall determine-- 7i7 the data elements to be included in the postsecondary student data system1 in accordance with subparagraphs 7,b7 and 7,c72 and 7ii7 how to include the data elements required under subparagraph 7,b71 and any additional data elements selected under subparagraph 7,c71 in the postsecondary student data system4 7,b7 ,required data elements ,such data elements shall include1 at a minimum1 the following3 7i7 ,student-level data elements necessary to calculate the information within the student-related surveys in the ,integrated ,postsecondary ,education ,data ,system 7,,ipeds71 as such surveys are in effect on the day before the date of enactment of the ,college ,transparency ,act4 7ii7 ,student-level data elements necessary to allow for reporting student enrollment1 persistence1 retention1 transfer1 and completion measures for all credential levels 7including certificate and associate1 baccalaureate1 and advanced degree levels71 within and across postsecondary institutions 7including across all categories of institution level and control74 ,the data elements shall allow for reporting about all such data disaggregated by the following categories3 7,i7 ,enrollment status as a first-time student4 7,,ii7 ,attendance intensity1 whether full-time or part-time4 7,,iii7 ,credential-seeking status1 by credential level4 7,,iv7 ,race or ethnicity4 7,v7 ,age intervals4 7,,vi7 ,gender4 7,,vii7 ,program of study 7as applicable74 7,,viii7 ,military or veteran status 7as determined based on receipt of veteran's education benefits1 as defined in section #dhj7;c774 7,,ix7 ,status as a postsecondary athlete4 7,x7 ,federal ,pell ,grant recipient status4 7,c7 ,other data elements ,the ,commissioner may1 after consultation with postsecondary institutions 7including institutions of higher education7 and other stakeholders 7including individuals with expertise in data privacy and security1 and in consumer protection71 make a determination to promulgate regulations to include additional data elements in the postsecondary student data system1 which may include first generation status1 economic status1 remedial coursework1 or gateway course completion4 7,d7 ,reevaluation ,not less than once every #e years after the implementation of the postsecondary student data system described in this subsection1 the ,commissioner1 in consultation with postsecondary institutions 7including institutions of higher education71 and other stakeholders1 shall review the data elements included in the postsecondary student data system and may revise the determination of data elements to be included in such system4 7,e7 ,prohibitions ,the ,commissioner shall not include health data1 student discipline records or data1 elementary and secondary education data1 exact address1 citizenship or national origin status1 course grades1 individual postsecondary entrance examination results1 political affiliation1 or religion in the postsecondary student data system under this subsection4 7#c7 ,linking with other ,federal data systems 7,a7 ,in general ,the ,commissioner shall coordinate1 and enter into sharing agreements1 with other ,federal agencies to create secure linkages with relevant ,federal data systems1 including data systems of the ,office of ,federal ,student ,aid1 the ,department of the ,treasury1 the ,department of ,defense1 the ,department of ,veterans ,affairs1 the ,social ,security ,administration1 and the ,bureau of the ,census4 7,b7 ,categories of data ,the ,commissioner shall1 at a minimum1 seek to ensure that the secure data system linkages described in subparagraph 7,a7 permit consistent reporting of the following categories of data for all students1 including students receiving ,federal grants and loans and students receiving veteran's education benefits1 as defined in section #dhj7;c74 7i7 ,enrollment1 retention1 transfer1 and completion outcomes for all students4 7ii7 ,financial indicators for students receiving ,federal grants and loans1 including grant and loan aid by source1 cumulative student debt1 loan repayment status1 and repayment plan4 7iii7 ,post-collegiate outcomes for all students1 including earnings1 employment1 and further education1 by program of study and credential level and as measured-- 7,i7 immediately after leaving postsecondary education2 and 7,,ii7 at later time intervals appropriate to the credential sought and earned4 7,c7 ,data linkage streamlining and confidentiality 7i7 ,streamlining ,in creating the secure data system linkages described in this paragraph1 the ,commissioner shall-- 7,i7 ensure that the linkages are not always connected1 but occur at appropriate intervals1 as determined by the ,commissioner2 and 7,,ii7 seek to-- 7aa7 streamline the data collection and reporting requirements for postsecondary institutions2 7bb7 minimize duplicate reporting across or within ,federal agencies or departments1 including reporting requirements applicable to postsecondary institutions under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq472 7cc7 protect student privacy2 and 7dd7 streamline the application process for student loan benefit programs available to borrowers based on data available from different ,federal data systems4 7ii7 ,review ,not less often than once every #e years after the establishment of the postsecondary student data system under this subsection1 the ,commissioner shall review methods for streamlining data collection from postsecondary institutions and minimizing duplicative reporting within the ,department of ,education and across ,federal agencies that provide data for the postsecondary student data system4 7iii7 ,confidentiality ,the ,commissioner shall ensure that any linking or sharing of data through data system linkages established in accordance with this paragraph-- 7,i7 complies with the security and privacy protections described in this subsection and other ,federal data protection protocols2 7,,ii7 follows industry best practices commensurate with the sensitivity of specific data elements or metrics2 and 7,,iii7 does not result in the creation of a single ,federal database at the ,department of ,education that maintains the information reported across other ,federal agencies4 7#d7 ,publicly available information 7,a7 ,in general ,the ,commissioner shall make the summary aggregate information described in subparagraph 7,c71 at a minimum1 publicly available through a user-friendly consumer information website that-- 7i7 provides appropriate mechanisms for users to customize and filter information by institutional and student characteristics2 7ii7 allows users to build summary aggregate reports of information1 subject to subparagraph 7,b72 and 7iii7 uses appropriate statistical disclosure limitation techniques necessary to ensure that the data released to the public cannot be used to identify specific individuals4 7,b7 ,no personally identifiable information available ,the summary aggregate information described in this paragraph shall not include personally identifiable information4 7,c7 ,information available ,the summary aggregate information described in this paragraph shall1 at a minimum1 include each of the following for each postsecondary institution3 7i7 ,measures of student access1 including-- 7,i7 admissions selectivity and yield2 and 7,,ii7 enrollment1 disaggregated by each category described in paragraph 7#b77;,b77ii71 ,federal grant recipient status1 and ,federal loan recipient status4 7ii7 ,measures of student progression1 including retention rates and persistence rates1 disaggregated by each category described in paragraph 7#b77;,b77ii71 ,federal grant recipient status1 and ,federal loan recipient status4 7iii7 ,measures of student completion1 including-- 7,i7 transfer rates and completion rates1 disaggregated by each category described in paragraph 7#b77;,b77ii71 ,federal grant recipient status1 and ,federal loan recipient status2 and 7,,ii7 number of completions1 disaggregated by each category described in paragraph 7#b77;,b77ii71 ,federal grant recipient status1 and ,federal loan recipient status4 7iv7 ,measures of student costs1 including-- 7,i7 tuition1 required fees1 total cost of attendance1 and net price after total grant aid1 disaggregated by in-,state tuition or in-district tuition status 7if applicable71 program of study 7if applicable71 and credential level2 and 7,,ii7 typical grant amounts and loan amounts received by students reported separately from ,federal1 ,state1 local1 and institutional sources1 and cumulative debt1 disaggregated by each category described in paragraph 7#b77;,b77ii7 and completion status4 7v7 ,measures of post-collegiate student outcomes1 including employment rates1 median earnings1 loan repayment and default rates1 and further education rates4 ,these measures shall-- 7,i7 be disaggregated by each category described in paragraph 7#b77;,b77ii7 and completion status2 and 7,,ii7 be measured immediately after leaving postsecondary education and at time intervals appropriate to the credential sought or earned4 7,d7 ,development criteria ,in developing the method and format of making the information described in this paragraph publicly available1 the ,commissioner shall-- 7i7 focus on the need of the users of the information1 which are students1 potential students1 researchers1 and other consumers of education data2 7ii7 take into consideration1 to the extent practicable1 the guidelines described in paragraph 7#a77;,c77ii77,i71 and relevant successor documents or recommendations of such guidelines2 7iii7 use modern1 relevant technology and enhance and update the postsecondary student data system with information1 as necessary to carry out the purpose of this paragraph2 and 7iv7 ensure data privacy and security for the information in accordance with the most recent ,federal standards developed by the ,national ,institute of ,standards and ,technology4 7#e7 ,permissible disclosures of data 7,a7 ,nonpublicly available data 7i7 ,in general ,the ,commissioner shall develop and implement a secure process for making student-level1 non-personally identifiable information from the postsecondary student data system available for research and evaluation purposes approved by the ,commissioner in a manner compatible with practices for disclosing ,national ,center for ,education ,statistics survey data as in effect on the day before the date of enactment of the ,college ,transparency ,act4 7ii7 ,availability for institutional improvement and program evaluation ,the ,commissioner shall create a process through which any postsecondary institution1 or postsecondary education system1 that fully participates in the postsecondary student data system described in this subsection may request and receive from the ,commissioner non-personally identifiable information1 and aggregate summary data1 related to students who have attended the institution or system1 as applicable1 for the purposes of institutional improvement and program evaluation4 7iii7 ,providing data to institutions ,the ,commissioner shall provide1 at least annually1 each postsecondary institution that fully participates in the postsecondary student data system under this subsection with a set of program-level1 non-personally identifiable information from the postsecondary student data system for students currently or formerly associated with the institution that includes aggregated information from other ,federal data sources included in the system4 7iv7 ,providing data to ,states ,the ,commissioner shall create a process through which ,states may request and receive institution-level aggregate data outcomes for postsecondary institutions located in the ,state4 7v7 ,regulations ,the ,commissioner shall promulgate regulations to ensure fair1 secure1 and equitable access to such data4 7,b7 ,disclosure limitations ,in carrying out the public reporting and disclosure requirements of this ,act1 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 individuals4 7,c7 ,sale of data prohibited ,data collected under this subsection1 including the public use data set and data comprising the summary aggregate information available under paragraph 7#d71 shall not be sold to any third party by the ,commissioner1 any postsecondary institution1 or any other entity4 7,d7 ,limitation on use by other ,federal agencies ,the ,commissioner shall not allow any other ,federal agency to use data collected under this subsection for any purpose except as explicitly authorized by this ,act4 7,e7 ,law enforcement ,personally identifiable information collected under this subsection shall not be used for any law enforcement activity or any other activity that would result in adverse action against any student1 including debt collection activity or enforcement of the immigration laws4 7,f7 ,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 institutions4 7,g7 ,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 purposes1 such as for the calculation of the cohort default rate under section #dce7m74 7#f7 ,submission of data 7,a7 ,required submission ,each institution of higher education participating in a program under title ,,iv1 or the assigned agent of such institution1 shall1 in accordance with section #dhg7;a77#ag71 collect1 and submit to the ,commissioner1 the data requested by the ,commissioner to carry out this subsection4 7,b7 ,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 ,commissioner1 as the ,commissioner may request to carry out this subsection4 7#g7 ,unlawful willful disclosure 7,a7 ,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 7except as authorized in this ,act or any ,federal law7 such personally identifiable information4 7,b7 ,penalty ,any person who violates subparagraph 7,a7 shall be fined not more than #e1jjj1 imprisoned not more than #e years1 or both1 together with the costs of prosecution4 7,c7 ,employee of officer of the ,united ,states ,if a violation of subparagraph 7,a7 is committed by any officer or employee of the ,united ,states1 the officer or employee shall be dismissed from office or discharged from employment upon conviction for the violation4 7#h7 ,data security ,the ,commissioner shall produce and update as needed guidance and regulations relating to privacy1 security1 and access which shall govern the use and disclosure of data collected in connection with the activities authorized in this subsection4 ,the guidance and regulations developed and reviewed shall protect data from unauthorized access1 use1 and disclosure1 and shall include-- 7,a7 an audit capability2 7,b7 access controls2 7,c7 requirements to ensure sufficient data security1 quality1 validity1 and reliability2 and 7,d7 other protection in accordance with the most recent ,federal standards developed by the ,national ,institute of ,standards and ,technology4 7#i7 ,data collection ,the ,commissioner shall ensure that data collection under this subsection complies with section #eeb;a of title #e1 ,united ,states ,code4 7#aj7 ,definitions ,in this subsection3 7,a7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #ajb4 7,b7 ,personally identifiable information ,the term personally identifiable information has the meaning given the term in section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g74 7,c7 ,postsecondary institution ,the term postsecondary institution includes an institution of higher education4 4 7b7 ,conforming amendments ,section #dhg7;d7 is amended-- 7#a7 by striking paragraph 7#c72 and 7#b7 by redesignating paragraph 7#d7 as paragraph 7#c74 #c4 ,repeal of prohibition on student data system ,section #acd of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajae;c7 is repealed4 #d4 ,institutional requirements ,paragraph 7#ag7 of section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77 is amended to read as follows3 7#ag7 ,the institution or the assigned agent of the institution will collect and submit data to the ,commissioner for ,education ,statistics in accordance with section #acb7l71 the nonstudent related surveys within the ,integrated ,postsecondary ,education ,data ,system 7,,ipeds71 or any other ,federal postsecondary institution data collection effort 7as designated by the ,secretary71 in a timely manner and to the satisfaction of the ,secretary4 4 #e4 ,effective date2 transition provisions 7a7 ,effective date ,sections #a1 #b1 and #d of this ,act1 and the amendments made by such sections1 shall take effect on the date that is #b years after the date of enactment of this ,act4 7b7 ,in general ,the ,secretary of ,education and the ,commissioner for ,education ,statistics shall take such steps as are necessary to ensure that the transition to1 and implementation of1 the postsecondary student data system required under section #acb7l7 of the ,higher ,education ,act of #aife1 as added by section #b of this ,act1 happens in a manner that initially reduces the reporting burden for postsecondary institutions that reported into the ,integrated ,postsecondary ,education ,data ,system 7,,ipeds7 on the day before enactment of this ,act4 ,such steps may include testing early versions of the postsecondary student data system or early versions of the data collection or aggregate information summary features of the system with a targeted group of users4