,,ii #aafth ,,congress #ast ,session ,s4 #fha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #f1 #bjai,mr4 ,wyden 7for himself1 ,mr4 ,rubio1 and ,mr4 ,warner7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to establish a new higher education data system to allow for more accurate1 complete1 and secure data on student retention1 graduation1 and earnings outcomes1 at all levels of postsecondary enrollment1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,student ,right to ,know ,before ,you ,go ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,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 program4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner for ,education ,statistics4 7#c7 ,department ,the term ,department means the ,department of ,education4 7#d7 ,federal student financial aid program ,the term ,federal student financial aid program means any of the following3 7,a7 ,the ,federal ,pell ,grant program under subpart #a of part ,a of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a et seq474 7,b7 ,the ,federal ,family ,education ,loan program under part ,b of such title 7#bj ,u4,s4,c4 #ajga et seq474 7,c7 ,the ,federal ,direct ,loan program under part ,d of such title 7#bj ,u4,s4,c4 #ajhg;a et seq474 7,d7 ,the ,federal ,perkins ,loan program under part ,e of such title 7#bj ,u4,s4,c4 #ajhg;aa et seq474 7#e7 ,higher education data system ,the term higher education data system means the data system established under section #c7;a74 7#f7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7#g7 ,,ipeds ,the term ,,ipeds means the ,integrated ,postsecondary ,education ,data ,system administered by the ,commissioner of ,education ,statistics4 7#h7 ,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 lost4 7#i7 ,personally identifiable information ,the term personally identifiable information includes-- 7,a7 a student's name2 7,b7 the name of a student's parent or other family members2 7,c7 the address of a student or student's family2 7,d7 a personal identifier1 such as a student's social security number1 student number1 or biometric record2 7,e7 other indirect identifiers1 such as a student's date of birth1 place of birth1 and mother's maiden name2 7,f7 other information that1 alone or in combination1 is linked or linkable to a specific student that would allow a reasonable person in the school community1 who does not have personal knowledge of the relevant circumstances1 to identify the student with reasonable certainty2 or 7,g7 information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates4 7#aj7 ,reporting entity ,the term reporting entity means an institution of higher education1 ,federal agency1 or other entity that submits data components for the higher education data system4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#ab7 ,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 else4 7#ac7 ,student-focused ,,ipeds metrics ,the term student-focused ,,ipeds metrics means the aggregate metrics required under ,,ipeds1 as in effect on the day before the date of enactment of this ,act1 that are student-related and calculated using student-related data components 7such as student enrollment rates and graduation rates74 #c4 ,higher education data system 7a7 ,establishment of new data system ,by not later than ,october #a1 #bjba1 the ,secretary1 acting through the ,commissioner1 shall establish and maintain a new higher education data system that meets the requirements of subsection 7b74 7b7 ,requirements of data system ,the higher education data system shall-- 7#a7 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 that1 at a minimum1 uses technical protection measures that reasonably ensure that-- 7,a7 a reporting entity's raw data1 including personally identifiable information1 shall not be accessible through the system to the ,department or any party other than the reporting entity2 7,b7 no information about the data components used in the system is revealed by the system to the ,department or any other party1 except as incorporated into the outcome metrics described in section #e2 and 7,c7 no data or information that can identify an individual is revealed by the system to the ,department or any other party2 7#b7 7,a7 permit only the ,office of the ,commissioner1 directly and not by grant or contract1 to perform statistical queries necessary to determine the outcome metrics described in section #e using the data components submitted by the reporting entities2 and 7,b7 prohibit1 using commercially available technology1 any other queries by the ,department or any other party through the system2 7#c7 be resistant1 to the extent possible using commercially available technology1 to attempts by any party to individually identify individuals in the data components submitted by reporting entities2 and 7#d7 minimize1 to the extent possible using commercially available technology1 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 entity4 7c7 ,considerations ,in designing1 establishing1 and maintaining the higher education data system1 the ,secretary1 acting through the ,commissioner1 shall use the best available cybersecurity and privacy-enhancing technologies to protect the data collected under such system and the privacy of the underlying individuals4 ,in designing the data system1 the ,commissioner-- 7#a7 shall use secure multiparty computation technologies2 or 7#b7 may utilize technology other than secure multiparty computation technologies if the other technology-- 7,a7 fully complies with subparagraphs 7,a7 through 7,c7 of subsection 7b77#a72 and 7,b7 delivers greater student privacy and security than secure multiparty computation4 7d7 ,rules and guidance 7#a7 ,in general ,by not later than #a year after the date of enactment of this ,act1 the ,secretary1 acting through the ,commissioner1 shall issue rules regarding how reporting entities1 and other entities performing the reporting duties in accordance with section #d7;a77#b77;,b71 shall comply with the requirements established under this ,act and the amendments made to the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 by this ,act4 ,such rules shall-- 7,a7 establish common definitions for reporting entities to follow in submitting the data components required under section #d2 and 7,b7 establish the collection and submission requirements for the higher education data system4 7#b7 ,protection of data ,the ,secretary shall promulgate and periodically review rules or guidance relating to security under this ,act1 which shall govern the access1 use1 and disclosure of data collected in connection with the activities authorized in this ,act4 ,the rules or guidance described in this paragraph shall-- 7,a7 be consistent with the need to protect data from unauthorized access1 use1 and disclosure2 and 7,b7 include-- 7i7 an audit capability and requirements for routine audits2 7ii7 access controls2 and 7iii7 requirements to ensure sufficient data security1 quality1 validity1 and reliability4 7#c7 ,review ,every #e years1 the ,secretary shall review1 and update as appropriate1 the rules and guidance issued under paragraphs 7#a7 and 7#b74 7e7 ,notice ,the ,secretary shall provide a clear1 prominent1 comprehensible1 and non-misleading notice of the requirements of this section that shall-- 7#a7 describe how the requirements of this section are to be implemented1 and how personal information is to be collected1 used1 analyzed1 or retained pursuant to this ,act2 and 7#b7 be posted on the website of the ,department and made available to all reporting entities4 7f7 ,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 system4 #d4 ,reporting of data components 7a7 ,data components reported by institutions of higher education 7#a7 ,in general ,by not later than ,october #a1 #bjba1 each institution of higher education participating in any ,federal student financial assistance program shall report to the higher education data system-- 7,a7 not more than the minimum student-level data necessary to enable the ,commissioner to calculate the metrics described in section #e for each year2 and 7,b7 not more than the minimum student-level data necessary for the ,commissioner to calculate the student-focused ,,ipeds metrics for each year4 7#b7 ,use of technology ,in reporting the data described in paragraph 7#a7 to the higher education data system1 the institution may-- 7,a7 directly report the data using the technology described in section #c7;b77#a7 and authorized in a rule or guidance issued under section #c7;d72 or 7,b7 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 institution4 7b7 ,data components reported from the ,social ,security ,administration and the ,secretary of the ,treasury ,beginning ,october #a1 #bjba1 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 ,states1 including the self-employed1 independent contractors1 and members of the military1 that-- 7#a7 are available to the ,commissioner of ,social ,security or the ,secretary1 respectively2 and 7#b7 are necessary1 as determined by the ,commissioner for ,education ,statistics1 for the calculation of the outcome metrics described in section #e for each year4 7c7 ,military-,related data components reported from the ,secretary of ,defense and the ,secretary of ,veterans ,affairs ,beginning ,october #a1 #bjba1 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 ,defense1 that-- 7#a7 are available to each such ,secretary2 and 7#b7 are necessary1 as determined by the ,commissioner1 for the calculation of the outcome metrics described in section #e for each year4 7d7 ,financial assistance eligibility data from the ,secretary of ,education ,beginning ,october #a1 #bjba1 the ,secretary shall provide to the higher education data system the data components relating to individual eligibility for1 and receipt of aid from1 all ,federal student financial aid programs that are necessary for the calculation of the outcome metrics described in section #e for each year4 #e4 ,establishment of new metrics 7a7 ,metrics 7#a7 ,in general ,beginning not later than #d years after the date of enactment of this ,act and annually thereafter1 the ,secretary1 acting through the ,commissioner1 shall use the higher education data system to calculate only the metrics described in subsections 7b7 and 7c7 for each institution participating in the system and1 wherever applicable and feasible1 for each program of study at the institution4 7#b7 ,period of data ,the ,secretary shall calculate the metrics described in subsections 7b7 and 7c7 for the previous year4 7b7 ,education and debt-,related metrics 7#a7 ,in general ,the education and debt-related metrics to be calculated under the higher education data system are the following3 7,a7 ,all student-focused ,,ipeds metrics4 7,b7 ,the percentage of students who receive each of the following3 7i7 ,federal grants4 7ii7 ,federal loans4 7iii7 ,state grants4 7iv7 ,state loans4 7v7 ,private loans4 7vi7 ,private scholarships4 7vii7 ,institutional grants4 7viii7 ,institutional loans4 7,c7 ,student completion rates1 calculated based on the percentage of students who complete the program within #ajj percent1 #aej percent1 and #bjj percent of normal program completion time4 7,d7 ,the mean and median amount of ,federal loan debt1 including accrued interest1 incurred by aided students while enrolled in the institution for the most recent award year for which data are available4 7,e7 ,the mean and median amount of total ,federal loan debt1 including accrued interest1 incurred by aided students of the institution1 as of the date of the student's graduation or completion of the student's program of study4 7,f7 ,the mean and median amount of total ,federal loan debt1 including accrued interest1 of aided students who do not complete a program1 measured as of the day before the student's repayment period for any such loans begin4 7,g7 ,the loan repayment rates of students who enrolled in the institution1 as of #b1 #f1 and #ae years after the date of program completion or exit4 7,h7 ,student transfer rates1 which shall be defined as the percentage of students who leave an institution and successfully enroll in a program of study at another institution1 by sector of transfer1 including whether the receiving program of study is offered by a public #d-year institution1 public #b-year institution1 public less-than-#b-year institution1 private nonprofit #d-year institution1 private nonprofit #b-year institution1 private nonprofit less-than-#b-year institution1 private for-profit #d-year institution1 private for-profit #b-year institution1 or private for-profit less-than-#b-year institution4 7,i7 ,transfer student completion rates1 which shall be defined as the percentage of students who leave an institution1 successfully enroll in a program of study at another institution1 and complete such program of study1 by sector of transfer 7as described in subparagraph 7,h774 7,j7 ,rates of continuation to subsequent levels of education1 including lateral1 higher1 and lower levels of degree or credential progression1 disaggregated by credential sought 7including master's degree1 law degree1 medical degree1 veterinary degree1 and postbaccalaureate certificate74 7,k7 ,the percentage of students who receive the degree level they initially sought and the percentage of students who receive a higher degree level4 7,l7 ,the percentage of students who drop out of the institution without receiving a degree or credential4 7#b7 ,disaggregation 7,a7 ,in general ,the education and debt-related metrics described in paragraph 7#a7 shall be disaggregated and separately provided1 except as allowed under subparagraph 7,b71 on the basis of the following uncombined categories of data3 7i7 ,students who received a ,federal ,pell ,grant under subpart #a of part ,a of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a et seq474 7ii7 ,students who received a loan under part ,b or ,d of such title 7#bj ,u4,s4,c4 #ajga et seq42 #ajhg;a et seq47 but not a ,federal ,pell ,grant4 7iii7 ,students who received neither a ,federal ,pell ,grant1 nor a loan under such part ,b or ,d4 7iv7 ,students who are recipients of educational assistance benefits provided directly to veterans under the law4 ,the ,secretary of ,veterans ,affairs shall coordinate with the ,secretary to make available data sufficient to enable such reporting under this subparagraph4 7v7 ,students who are servicemembers or veterans4 7vi7 ,enrollment status1 including the following3 7,i7 ,first-time1 full-time students4 7,,ii7 ,first-time1 part-time students4 7,,iii7 ,non-first-time1 full-time students4 7,,iv7 ,non-first-time1 part-time students4 7vii7 ,race or ethnicity4 7viii7 ,age or age intervals4 7ix7 ,gender4 7x7 ,first-generation postsecondary education student status4 7xi7 ,the type of credential 7including a baccalaureate degree1 associate's degree1 and a certificate7 sought by the student through the program of study4 7xii7 ,whether the student is college-ready or non-college-ready in mathematics and science1 as determined by the institution of higher education4 7xiii7 ,completion status4 7,b7 ,exception ,the education and debt-related metrics described in a category under any of clauses 7i7 through 7iv71 7xi71 or 7xiii7 of subparagraph 7,a7 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 7i7 through 7xiii7 of such subparagraph4 7c7 ,earning metrics ,the earning metrics shall be calculated in the following manner3 7#a7 ,the earnings metrics shall consist of the debt-to-earnings ratio1 and the annual earnings from employment1 of students who enrolled in the institution of higher education-- 7,a7 calculated at the mean1 median1 and #ajth1 #beth1 #geth1 and #ijth percentiles of such students2 and 7,b7 further disaggregated by-- 7i7 program of study and credential received2 7ii7 the ,state in which the student is employed2 and 7iii7 completion status4 7#b7 ,the debt-to-earnings ratios and the annual earnings from employment calculated and disaggregated under paragraph 7#a7 shall be calculated and reported for students for each of the following time periods3 7,a7 ,two years after the student's educational program completion or exit4 7,b7 ,six years after the student's educational program completion or exit4 7,c7 ,fifteen years after the student's educational program completion or exit4 #f4 ,transition 7a7 ,ensuring comparability of data metrics ,for a period of #e years beginning on the date on which the new outcome metrics under this ,act are first reported to the public under section #g7;a71 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 ,act4 7b7 ,transition ,beginning #e years after the date on which the new outcome metrics under this ,act are first reported to the public under section #g7;a71 the higher education data system shall replace any separate reporting or data collection requirements under ,,ipeds involving the student-focused ,,ipeds metrics4 #g4 ,disclosure and use of data 7a7 ,in general ,the ,secretary shall-- 7#a7 make the outcome metrics described in section #e for each year available on the website of the ,department and through any other appropriate method1 in a timely and user-friendly manner2 and 7#b7 publish such outcome metrics in a machine-readable format-- 7,a7 on the website of the ,department and through any other appropriate method2 and 7,b7 in a timely manner4 7b7 ,sale of data components prohibited ,the ,secretary shall not sell any data components collected for the higher education data system to any third party4 #h4 ,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 law1 except as provided under section #f with respect to the collection of the ,,ipeds student-focused metrics4 #i4 ,amendments to the ,higher ,education ,act of #aife 7a7 ,removing duplicative requirements ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 is amended-- 7#a7 in section #acb7;i77#d71 by inserting at the end the following3 1 subject to the requirements of the ,student ,right to ,know ,before ,you ,go ,act of #bjai and until the ,secretary determines that the transition to the higher education data system established under such ,act has occurred42 and 7#b7 in section #dhe1 by adding at the end the following3 7n7 ,alignment with institutional reporting requirements 7#a7 ,in general ,not later than #a year after the date of enactment of the ,student ,right to ,know ,before ,you ,go ,act of #bjai1 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 ,act4 7#b7 ,link to institutional reporting website 7,a7 ,in general ,not later than #e years after the date of enactment of the ,student ,right to ,know ,before ,you ,go ,act of #bjai1 an institution of higher education participating in any program under this title shall-- 7i7 notwithstanding any other provision of law1 not be required to meet any duplicative requirements identified under paragraph 7#a72 and 7ii7 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 #bjai4 7,b7 ,requirements of link ,the link described in subparagraph 7,a77ii7 shall-- 7i7 at a minimum1 be included on any webpage for the institution with cost1 financial aid1 admissions1 or other consumer information2 and 7ii7 be clear1 conspicuous1 and readily accessible1 as determined by the ,secretary4 4 #aj4 ,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 #bjbj through #bjbh4