II 

116TH CONGRESS 

1ST SESSION S. 681 

To establish a new higher education data system to allow for more accurate, 

complete, and secure data on student retention, graduation, and earnings 

outcomes, at all levels of postsecondary enrollment, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2019 

Mr. WYDEN (for himself, Mr. RUBIO, and Mr. WARNER) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To establish a new higher education data system to allow 

for more accurate, complete, and secure data on student 

retention, graduation, and earnings outcomes, at all levels of postsecondary enrollment, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Student Right to Know 

5 Before You Go Act of 2019’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) AIDED STUDENT.—The term ‘‘aided stu2 dent’’ means a student enrolled in an institution of 

3 higher education who has received assistance under 

4 a Federal student financial aid program. 

5 (2) COMMISSIONER.—The term ‘‘Commis6 sioner’’ means the Commissioner for Education Sta7 tistics. 

8 (3) DEPARTMENT.—The term ‘‘Department’’ 

9 means the Department of Education. 

10 (4) FEDERAL STUDENT FINANCIAL AID PRO11 GRAM.—The term ‘‘Federal student financial aid 

12 program’’ means any of the following: 

13 (A) The Federal Pell Grant program under 

14 subpart 1 of part A of title IV of the Higher 

15 Education Act of 1965 (20 U.S.C. 1070a et 

16 seq.). 

17 (B) The Federal Family Education Loan 

18 program under part B of such title (20 U.S.C. 

19 1071 et seq.). 

20 (C) The Federal Direct Loan program 

21 under part D of such title (20 U.S.C. 1087a et 

22 seq.). 

23 (D) The Federal Perkins Loan program 

24 under part E of such title (20 U.S.C. 1087aa 

25 et seq.). 


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1 (5) HIGHER EDUCATION DATA SYSTEM.—The 

2 term ‘‘higher education data system’’ means the 

3 data system established under section 3(a). 

4 (6) INSTITUTION OF HIGHER EDUCATION.—The 

5 term ‘‘institution of higher education’’ has the 

6 meaning given the term in section 102 of the Higher 

7 Education Act of 1965 (20 U.S.C. 1002). 

8 (7) IPEDS.—The term ‘‘IPEDS’’ means the 

9 Integrated Postsecondary Education Data System 

10 administered by the Commissioner of Education Sta11 tistics. 

12 (8) MACHINE-READABLE FORMAT.—The term 

13 ‘‘machine-readable format’’ means a format in which 

14 information or data can be easily processed by a 

15 computer without human intervention while ensuring 

16 no semantic meaning is lost. 

17 (9) PERSONALLY IDENTIFIABLE INFORMA18 TION.—The term ‘‘personally identifiable informa19 tion’’ includes— 

20 (A) a student’s name; 

21 (B) the name of a student’s parent or 

22 other family members; 

23 (C) the address of a student or student’s 

24 family; 


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1 (D) a personal identifier, such as a stu2 dent’s social security number, student number, 

3 or biometric record; 

4 (E) other indirect identifiers, such as a 

5 student’s date of birth, place of birth, and 

6 mother’s maiden name; 

7 (F) other information that, alone or in 

8 combination, is linked or linkable to a specific 

9 student that would allow a reasonable person in 

10 the school community, who does not have per11 sonal knowledge of the relevant circumstances, 

12 to identify the student with reasonable cer13 tainty; or 

14 (G) information requested by a person who 

15 the educational agency or institution reasonably 

16 believes knows the identity of the student to 

17 whom the education record relates. 

18 (10) REPORTING ENTITY.—The term ‘‘report19 ing entity’’ means an institution of higher education, 

20 Federal agency, or other entity that submits data 

21 components for the higher education data system. 

22 (11) SECRETARY.—The term ‘‘Secretary’’ 

23 means the Secretary of Education. 

24 (12) SECURE MULTI-PARTY COMPUTATION.— 

25 The term ‘‘secure multi-party computation’’ means a 


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1 computerized system that enables different partici2 pating entities in possession of private sets of data 

3 to link and aggregate their data sets for the exclu4 sive purpose of performing a finite number of pre5 approved computations without transferring or oth6 erwise revealing any private data to each other or 

7 anyone else. 

8 (13) STUDENT-FOCUSED IPEDS METRICS.—The 

9 term ‘‘student-focused IPEDS metrics’’ means the 

10 aggregate metrics required under IPEDS, as in ef11 fect on the day before the date of enactment of this 

12 Act, that are student-related and calculated using 

13 student-related data components (such as student 

14 enrollment rates and graduation rates). 

15 SEC. 3. HIGHER EDUCATION DATA SYSTEM. 

16 (a) ESTABLISHMENT OF NEW DATA SYSTEM.—By 

17 not later than October 1, 2021, the Secretary, acting 

18 through the Commissioner, shall establish and maintain 

19 a new higher education data system that meets the re20 quirements of subsection (b). 

21 (b) REQUIREMENTS OF DATA SYSTEM.—The higher 

22 education data system shall— 

23 (1) facilitate the compilation of statistical data 

24 necessary to create a robust and useful higher edu25 cation data system while minimizing the privacy and 


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1 security risks by using commercially available tech2 nology that, at a minimum, uses technical protection 

3 measures that reasonably ensure that— 

4 (A) a reporting entity’s raw data, including 

5 personally identifiable information, shall not be 

6 accessible through the system to the Depart7 ment or any party other than the reporting en8 tity; 

9 (B) no information about the data compo10 nents used in the system is revealed by the sys11 tem to the Department or any other party, ex12 cept as incorporated into the outcome metrics 

13 described in section 5; and 

14 (C) no data or information that can iden15 tify an individual is revealed by the system to 

16 the Department or any other party; 

17 (2)(A) permit only the Office of the Commis18 sioner, directly and not by grant or contract, to per19 form statistical queries necessary to determine the 

20 outcome metrics described in section 5 using the 

21 data components submitted by the reporting entities; 

22 and 

23 (B) prohibit, using commercially available tech24 nology, any other queries by the Department or any 

25 other party through the system; 


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1 (3) be resistant, to the extent possible using 

2 commercially available technology, to attempts by 

3 any party to individually identify individuals in the 

4 data components submitted by reporting entities; 

5 and 

6 (4) minimize, to the extent possible using com7 mercially available technology, the privacy risks to 

8 individuals whose data has been submitted by a re9 porting entity that could result from data breaches 

10 of any system operated by the reporting entity. 

11 (c) CONSIDERATIONS.—In designing, establishing, 

12 and maintaining the higher education data system, the 

13 Secretary, acting through the Commissioner, shall use the 

14 best available cybersecurity and privacy-enhancing tech15 nologies to protect the data collected under such system 

16 and the privacy of the underlying individuals. In designing 

17 the data system, the Commissioner— 

18 (1) shall use secure multiparty computation 

19 technologies; or 

20 (2) may utilize technology other than secure 

21 multiparty computation technologies if the other 

22 technology— 

23 (A) fully complies with subparagraphs (A) 

24 through (C) of subsection (b)(1); and 


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1 (B) delivers greater student privacy and 

2 security than secure multiparty computation. 

3 (d) RULES AND GUIDANCE.— 

4 (1) IN GENERAL.—By not later than 1 year 

5 after the date of enactment of this Act, the Sec6 retary, acting through the Commissioner, shall issue 

7 rules regarding how reporting entities, and other en8 tities performing the reporting duties in accordance 

9 with section 4(a)(2)(B), shall comply with the re10 quirements established under this Act and the 

11 amendments made to the Higher Education Act of 

12 1965 (20 U.S.C. 1001 et seq.) by this Act. Such 

13 rules shall— 

14 (A) establish common definitions for re15 porting entities to follow in submitting the data 

16 components required under section 4; and 

17 (B) establish the collection and submission 

18 requirements for the higher education data sys19 tem. 

20 (2) PROTECTION OF DATA.—The Secretary 

21 shall promulgate and periodically review rules or 

22 guidance relating to security under this Act, which 

23 shall govern the access, use, and disclosure of data 

24 collected in connection with the activities authorized 


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1 in this Act. The rules or guidance described in this 

2 paragraph shall— 

3 (A) be consistent with the need to protect 

4 data from unauthorized access, use, and disclo5 sure; and 

6 (B) include— 

7 (i) an audit capability and require8 ments for routine audits; 

9 (ii) access controls; and 

10 (iii) requirements to ensure sufficient 

11 data security, quality, validity, and reli12 ability. 

13 (3) REVIEW.—Every 5 years, the Secretary 

14 shall review, and update as appropriate, the rules 

15 and guidance issued under paragraphs (1) and (2). 

16 (e) NOTICE.—The Secretary shall provide a clear, 

17 prominent, comprehensible, and non-misleading notice of 

18 the requirements of this section that shall— 

19 (1) describe how the requirements of this sec20 tion are to be implemented, and how personal infor21 mation is to be collected, used, analyzed, or retained 

22 pursuant to this Act; and 

23 (2) be posted on the website of the Department 

24 and made available to all reporting entities. 


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1 (f) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to place requirements or restric3 tions on activity not specifically related to establishing and 

4 maintaining the higher education data system. 

5 SEC. 4. REPORTING OF DATA COMPONENTS. 

6 (a) DATA COMPONENTS REPORTED BY INSTITU7 TIONS OF HIGHER EDUCATION.— 

8 (1) IN GENERAL.—By not later than October 1, 

9 2021, each institution of higher education partici10 pating in any Federal student financial assistance 

11 program shall report to the higher education data 

12 system— 

13 (A) not more than the minimum student14 level data necessary to enable the Commissioner 

15 to calculate the metrics described in section 5 

16 for each year; and 

17 (B) not more than the minimum student18 level data necessary for the Commissioner to 

19 calculate the student-focused IPEDS metrics 

20 for each year. 

21 (2) USE OF TECHNOLOGY.—In reporting the 

22 data described in paragraph (1) to the higher edu23 cation data system, the institution may— 

24 (A) directly report the data using the tech25 nology described in section 3(b)(1) and authorVerDate Sep 11 2014 20:17 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S681.IS S681

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1 ized in a rule or guidance issued under section 

2 3(d); or 

3 (B) submit such data to a third-party 

4 servicer that has demonstrated the capacity to 

5 utilize such technology and agreed to conduct 

6 the reporting for the institution. 

7 (b) DATA COMPONENTS REPORTED FROM THE SO8 CIAL SECURITY ADMINISTRATION AND THE SECRETARY

9 OF THE TREASURY.—Beginning October 1, 2021, the 

10 Commissioner of Social Security and the Secretary of the 

11 Treasury shall report to the higher education data system 

12 the earnings data components for individuals employed in 

13 the United States, including the self-employed, inde14 pendent contractors, and members of the military, that— 

15 (1) are available to the Commissioner of Social 

16 Security or the Secretary, respectively; and 

17 (2) are necessary, as determined by the Com18 missioner for Education Statistics, for the calcula19 tion of the outcome metrics described in section 5 

20 for each year. 

21 (c) MILITARY-RELATED DATA COMPONENTS RE22 PORTED FROM THE SECRETARY OF DEFENSE AND THE

23 SECRETARY OF VETERANS AFFAIRS.—Beginning October 

24 1, 2021, the Secretary of Defense and the Secretary of 

25 Veterans Affairs shall report to the higher education data 


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1 system the data components relating to the recipients of 

2 educational assistance benefits provided directly to 

3 servicemembers and veterans under the laws administered 

4 by the Secretary of Veterans Affairs and Secretary of De5 fense, that— 

6 (1) are available to each such Secretary; and 

7 (2) are necessary, as determined by the Com8 missioner, for the calculation of the outcome metrics 

9 described in section 5 for each year. 

10 (d) FINANCIAL ASSISTANCE ELIGIBILITY DATA

11 FROM THE SECRETARY OF EDUCATION.—Beginning Oc12 tober 1, 2021, the Secretary shall provide to the higher 

13 education data system the data components relating to in14 dividual eligibility for, and receipt of aid from, all Federal 

15 student financial aid programs that are necessary for the 

16 calculation of the outcome metrics described in section 5 

17 for each year. 

18 SEC. 5. ESTABLISHMENT OF NEW METRICS. 

19 (a) METRICS.— 

20 (1) IN GENERAL.—Beginning not later than 4 

21 years after the date of enactment of this Act and an22 nually thereafter, the Secretary, acting through the 

23 Commissioner, shall use the higher education data 

24 system to calculate only the metrics described in 

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1 pating in the system and, wherever applicable and 

2 feasible, for each program of study at the institu3 tion. 

4 (2) PERIOD OF DATA.—The Secretary shall cal5 culate the metrics described in subsections (b) and 

6 (c) for the previous year. 

7 (b) EDUCATION AND DEBT-RELATED METRICS.— 

8 (1) IN GENERAL.—The education and debt-re9 lated metrics to be calculated under the higher edu10 cation data system are the following: 

11 (A) All student-focused IPEDS metrics. 

12 (B) The percentage of students who re13 ceive each of the following: 

14 (i) Federal grants. 

15 (ii) Federal loans. 

16 (iii) State grants. 

17 (iv) State loans. 

18 (v) Private loans. 

19 (vi) Private scholarships. 

20 (vii) Institutional grants. 

21 (viii) Institutional loans. 

22 (C) Student completion rates, calculated 

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1 cent, and 200 percent of normal program com2 pletion time. 

3 (D) The mean and median amount of Fed4 eral loan debt, including accrued interest, in5 curred by aided students while enrolled in the 

6 institution for the most recent award year for 

7 which data are available. 

8 (E) The mean and median amount of total 

9 Federal loan debt, including accrued interest, 

10 incurred by aided students of the institution, as 

11 of the date of the student’s graduation or com12 pletion of the student’s program of study. 

13 (F) The mean and median amount of total 

14 Federal loan debt, including accrued interest, of 

15 aided students who do not complete a program, 

16 measured as of the day before the student’s re17 payment period for any such loans begin. 

18 (G) The loan repayment rates of students 

19 who enrolled in the institution, as of 2, 6, and 

20 15 years after the date of program completion 

21 or exit. 

22 (H) Student transfer rates, which shall be 

23 defined as the percentage of students who leave 

24 an institution and successfully enroll in a pro25 gram of study at another institution, by sector 


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1 of transfer, including whether the receiving pro2 gram of study is offered by a public 4-year in3 stitution, public 2-year institution, public less4 than-2-year institution, private nonprofit 4-year 

5 institution, private nonprofit 2-year institution, 

6 private nonprofit less-than-2-year institution, 

7 private for-profit 4-year institution, private for8 profit 2-year institution, or private for-profit 

9 less-than-2-year institution. 

10 (I) Transfer student completion rates, 

11 which shall be defined as the percentage of stu12 dents who leave an institution, successfully en13 roll in a program of study at another institu14 tion, and complete such program of study, by 

15 sector of transfer (as described in subparagraph 

16 (H)). 

17 (J) Rates of continuation to subsequent 

18 levels of education, including lateral, higher, 

19 and lower levels of degree or credential progres20 sion, disaggregated by credential sought (in21 cluding master’s degree, law degree, medical de22 gree, veterinary degree, and postbaccalaureate 

23 certificate). 

24 (K) The percentage of students who re25 ceive the degree level they initially sought and 


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1 the percentage of students who receive a higher 

2 degree level. 

3 (L) The percentage of students who drop 

4 out of the institution without receiving a degree 

5 or credential. 

6 (2) DISAGGREGATION.— 

7 (A) IN GENERAL.—The education and 

8 debt-related metrics described in paragraph (1) 

9 shall be disaggregated and separately provided, 

10 except as allowed under subparagraph (B), on 

11 the basis of the following uncombined categories 

12 of data: 

13 (i) Students who received a Federal 

14 Pell Grant under subpart 1 of part A of 

15 title IV of the Higher Education Act of 

16 1965 (20 U.S.C. 1070a et seq.). 

17 (ii) Students who received a loan 

18 under part B or D of such title (20 U.S.C. 

19 1071 et seq.; 1087a et seq.) but not a Fed20 eral Pell Grant. 

21 (iii) Students who received neither a 

22 Federal Pell Grant, nor a loan under such 

23 part B or D. 

24 (iv) Students who are recipients of 

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1 rectly to veterans under the law. The Sec2 retary of Veterans Affairs shall coordinate 

3 with the Secretary to make available data 

4 sufficient to enable such reporting under 

5 this subparagraph. 

6 (v) Students who are servicemembers 

7 or veterans. 

8 (vi) Enrollment status, including the 

9 following: 

10 (I) First-time, full-time students. 

11 (II) First-time, part-time stu12 dents. 

13 (III) Non-first-time, full-time 

14 students. 

15 (IV) Non-first-time, part-time 

16 students. 

17 (vii) Race or ethnicity. 

18 (viii) Age or age intervals. 

19 (ix) Gender. 

20 (x) First-generation postsecondary 

21 education student status. 

22 (xi) The type of credential (including 

23 a baccalaureate degree, associate’s degree, 

24 and a certificate) sought by the student 

25 through the program of study. 


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1 (xii) Whether the student is college2 ready or non-college-ready in mathematics 

3 and science, as determined by the institu4 tion of higher education. 

5 (xiii) Completion status. 

6 (B) EXCEPTION.—The education and debt7 related metrics described in a category under 

8 any of clauses (i) through (iv), (xi), or (xiii) of 

9 subparagraph (A) may be derived for purposes 

10 of the requirements of such subparagraph by 

11 combining data for such category with another 

12 single category of data described in any of 

13 clauses (i) through (xiii) of such subparagraph. 

14 (c) EARNING METRICS.—The earning metrics shall 

15 be calculated in the following manner: 

16 (1) The earnings metrics shall consist of the 

17 debt-to-earnings ratio, and the annual earnings from 

18 employment, of students who enrolled in the institu19 tion of higher education— 

20 (A) calculated at the mean, median, and 

21 10th, 25th, 75th, and 90th percentiles of such 

22 students; and 

23 (B) further disaggregated by— 

24 (i) program of study and credential 

25 received; 


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1 (ii) the State in which the student is 

2 employed; and 

3 (iii) completion status. 

4 (2) The debt-to-earnings ratios and the annual 

5 earnings from employment calculated and 

6 disaggregated under paragraph (1) shall be cal7 culated and reported for students for each of the fol8 lowing time periods: 

9 (A) Two years after the student’s edu10 cational program completion or exit. 

11 (B) Six years after the student’s edu12 cational program completion or exit. 

13 (C) Fifteen years after the student’s edu14 cational program completion or exit. 

15 SEC. 6. TRANSITION. 

16 (a) ENSURING COMPARABILITY OF DATA

17 METRICS.—For a period of 5 years beginning on the date 

18 on which the new outcome metrics under this Act are first 

19 reported to the public under section 7(a), the Secretary 

20 shall be responsible for publishing all student-focused 

21 IPEDS metrics as required under IPEDS as of the day 

22 before the date of enactment of this Act. 

23 (b) TRANSITION.—Beginning 5 years after the date 

24 on which the new outcome metrics under this Act are first 

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1 cation data system shall replace any separate reporting or 

2 data collection requirements under IPEDS involving the 

3 student-focused IPEDS metrics. 

4 SEC. 7. DISCLOSURE AND USE OF DATA. 

5 (a) IN GENERAL.—The Secretary shall— 

6 (1) make the outcome metrics described in sec7 tion 5 for each year available on the website of the 

8 Department and through any other appropriate 

9 method, in a timely and user-friendly manner; and 

10 (2) publish such outcome metrics in a machine11 readable format— 

12 (A) on the website of the Department and 

13 through any other appropriate method; and 

14 (B) in a timely manner. 

15 (b) SALE OF DATA COMPONENTS PROHIBITED.—The 

16 Secretary shall not sell any data components collected for 

17 the higher education data system to any third party. 

18 SEC. 8. RULE OF CONSTRUCTION. 

19 Nothing in this Act shall be construed to affect any 

20 other activity related to data collection undertaken by the 

21 Department of Education or any other Federal agency 

22 that is authorized under any other Federal law, except as 

23 provided under section 6 with respect to the collection of 

24 the IPEDS student-focused metrics. 


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1 SEC. 9. AMENDMENTS TO THE HIGHER EDUCATION ACT OF 

2 1965. 

3 (a) REMOVING DUPLICATIVE REQUIREMENTS.—The 

4 Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) 

5 is amended— 

6 (1) in section 132(i)(4), by inserting at the end 

7 the following: ‘‘, subject to the requirements of the 

8 Student Right to Know Before You Go Act of 2019 

9 and until the Secretary determines that the transi10 tion to the higher education data system established 

11 under such Act has occurred.’’; and 

12 (2) in section 485, by adding at the end the fol13 lowing: 

14 ‘‘(n) ALIGNMENT WITH INSTITUTIONAL REPORTING

15 REQUIREMENTS.— 

16 ‘‘(1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of the Student Right to Know 

18 Before You Go Act of 2019, the Secretary shall 

19 issue guidance outlining which data metrics required 

20 to be submitted by institutions of higher education 

21 under such Act are duplicative of institutional re22 porting requirements under this section or other re23 quirements under such Act. 

24 ‘‘(2) LINK TO INSTITUTIONAL REPORTING

25 WEBSITE.— 


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1 ‘‘(A) IN GENERAL.—Not later than 5 years 

2 after the date of enactment of the Student 

3 Right to Know Before You Go Act of 2019, an 

4 institution of higher education participating in 

5 any program under this title shall— 

6 ‘‘(i) notwithstanding any other provi7 sion of law, not be required to meet any 

8 duplicative requirements identified under 

9 paragraph (1); and 

10 ‘‘(ii) provide a prominently displayed 

11 link on the institution’s website to the 

12 website of the Department that provides 

13 the outcome metrics of the higher edu14 cation data system established under the 

15 Student Right to Know Before You Go Act 

16 of 2019. 

17 ‘‘(B) REQUIREMENTS OF LINK.—The link 

18 described in subparagraph (A)(ii) shall— 

19 ‘‘(i) at a minimum, be included on 

20 any webpage for the institution with cost, 

21 financial aid, admissions, or other con22 sumer information; and 

23 ‘‘(ii) be clear, conspicuous, and readily 

24 accessible, as determined by the Sec25 retary.’’. 


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1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to carry out 

3 this Act such sums as may be necessary for each of fiscal 

4 years 2020 through 2028. 

Æ 


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