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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3952 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 3952

   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 30, 2022

   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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Right to Know Before You Go 
Act of 2022''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 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 
        program.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner for Education Statistics.
            (3) Department.--The term ``Department'' means the 
        Department of Education.
            (4) Federal student financial aid program.--The term 
        ``Federal student financial aid program'' means any of the 
        following:
                    (A) The Federal Pell Grant program under subpart 1 
                of part A of title IV of the Higher Education Act of 
                1965 (20 U.S.C. 1070a et seq.).
                    (B) The Federal Family Education Loan program under 
                part B of such title (20 U.S.C. 1071 et seq.).
                    (C) The Federal Direct Loan program under part D of 
                such title (20 U.S.C. 1087a et seq.).
                    (D) The Federal Perkins Loan program under part E 
                of such title (20 U.S.C. 1087aa et seq.).
            (5) Higher education data system.--The term ``higher 
        education data system'' means the data system established under 
        section 3(a).
            (6) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
            (7) IPEDS.--The term ``IPEDS'' means the Integrated 
        Postsecondary Education Data System administered by the 
        Commissioner of Education Statistics.
            (8) 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 lost.
            (9) Personally identifiable information.--The term 
        ``personally identifiable information'' includes--
                    (A) a student's name;
                    (B) the name of a student's parent or other family 
                members;
                    (C) the address of a student or student's family;
                    (D) a personal identifier, such as a student's 
                social security number, student number, or biometric 
                record;
                    (E) other indirect identifiers, such as a student's 
                date of birth, place of birth, and mother's maiden 
                name;
                    (F) other information that, alone or in 
                combination, is linked or linkable to a specific 
                student that would allow a reasonable person in the 
                school community, who does not have personal knowledge 
                of the relevant circumstances, to identify the student 
                with reasonable certainty; or
                    (G) information requested by a person who the 
                educational agency or institution reasonably believes 
                knows the identity of the student to whom the education 
                record relates.
            (10) Reporting entity.--The term ``reporting entity'' means 
        an institution of higher education, Federal agency, or other 
        entity that submits data components for the higher education 
        data system.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (12) 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 else.
            (13) Student-focused ipeds metrics.--The term ``student-
        focused IPEDS metrics'' means the aggregate metrics required 
        under IPEDS, as in effect on the day before the date of 
        enactment of this Act, that are student-related and calculated 
        using student-related data components (such as student 
        enrollment rates and graduation rates).

SEC. 3. HIGHER EDUCATION DATA SYSTEM.

    (a) Establishment of New Data System.--By not later than October 1, 
2022, the Secretary, acting through the Commissioner, shall establish 
and maintain a new higher education data system that meets the 
requirements of subsection (b).
    (b) Requirements of Data System.--The higher education data system 
shall--
            (1) 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 that, at a minimum, uses 
        technical protection measures that reasonably ensure that--
                    (A) a reporting entity's raw data, including 
                personally identifiable information, shall not be 
                accessible through the system to the Department or any 
                party other than the reporting entity;
                    (B) no information about the data components used 
                in the system is revealed by the system to the 
                Department or any other party, except as incorporated 
                into the outcome metrics described in section 5; and
                    (C) no data or information that can identify an 
                individual is revealed by the system to the Department 
                or any other party;
            (2)(A) permit only the Office of the Commissioner, directly 
        and not by grant or contract, to perform statistical queries 
        necessary to determine the outcome metrics described in section 
        5 using the data components submitted by the reporting 
        entities; and
            (B) prohibit, using commercially available technology, any 
        other queries by the Department or any other party through the 
        system;
            (3) be resistant, to the extent possible using commercially 
        available technology, to attempts by any party to individually 
        identify individuals in the data components submitted by 
        reporting entities; and
            (4) minimize, to the extent possible using commercially 
        available technology, 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 
        entity.
    (c) Considerations.--In designing, establishing, and maintaining 
the higher education data system, the Secretary, acting through the 
Commissioner, shall use the best available cybersecurity and privacy-
enhancing technologies to protect the data collected under such system 
and the privacy of the underlying individuals. In designing the data 
system, the Commissioner--
            (1) shall use secure multiparty computation technologies; 
        or
            (2) may utilize technology other than secure multiparty 
        computation technologies if the other technology--
                    (A) fully complies with subparagraphs (A) through 
                (C) of subsection (b)(1); and
                    (B) delivers greater student privacy and security 
                than secure multiparty computation.
    (d) Rules and Guidance.--
            (1) In general.--By not later than 1 year after the date of 
        enactment of this Act, the Secretary, acting through the 
        Commissioner, shall issue rules regarding how reporting 
        entities, and other entities performing the reporting duties in 
        accordance with section 4(a)(2)(B), shall comply with the 
        requirements established under this Act and the amendments made 
        to the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) by 
        this Act. Such rules shall--
                    (A) establish common definitions for reporting 
                entities to follow in submitting the data components 
                required under section 4; and
                    (B) establish the collection and submission 
                requirements for the higher education data system.
            (2) Protection of data.--The Secretary shall promulgate and 
        periodically review rules or guidance relating to security 
        under this Act, which shall govern the access, use, and 
        disclosure of data collected in connection with the activities 
        authorized in this Act. The rules or guidance described in this 
        paragraph shall--
                    (A) be consistent with the need to protect data 
                from unauthorized access, use, and disclosure; and
                    (B) include--
                            (i) an audit capability and requirements 
                        for routine audits;
                            (ii) access controls; and
                            (iii) requirements to ensure sufficient 
                        data security, quality, validity, and 
                        reliability.
            (3) Review.--Every 5 years, the Secretary shall review, and 
        update as appropriate, the rules and guidance issued under 
        paragraphs (1) and (2).
    (e) Notice.--The Secretary shall provide a clear, prominent, 
comprehensible, and non-misleading notice of the requirements of this 
section that shall--
            (1) describe how the requirements of this section are to be 
        implemented, and how personal information is to be collected, 
        used, analyzed, or retained pursuant to this Act; and
            (2) be posted on the website of the Department and made 
        available to all reporting entities.
    (f) 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 system.

SEC. 4. REPORTING OF DATA COMPONENTS.

    (a) Data Components Reported by Institutions of Higher Education.--
            (1) In general.--By not later than October 1, 2022, each 
        institution of higher education participating in any Federal 
        student financial assistance program shall report to the higher 
        education data system--
                    (A) not more than the minimum student-level data 
                necessary to enable the Commissioner to calculate the 
                metrics described in section 5 for each year; and
                    (B) not more than the minimum student-level data 
                necessary for the Commissioner to calculate the 
                student-focused IPEDS metrics for each year.
            (2) Use of technology.--In reporting the data described in 
        paragraph (1) to the higher education data system, the 
        institution may--
                    (A) directly report the data using the technology 
                described in section 3(b)(1) and authorized in a rule 
                or guidance issued under section 3(d); or
                    (B) 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 
                institution.
    (b) Data Components Reported From the Social Security 
Administration and the Secretary of the Treasury.--Beginning October 1, 
2022, 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 States, 
including the self-employed, independent contractors, and members of 
the military, that--
            (1) are available to the Commissioner of Social Security or 
        the Secretary, respectively; and
            (2) are necessary, as determined by the Commissioner for 
        Education Statistics, for the calculation of the outcome 
        metrics described in section 5 for each year.
    (c) Military-Related Data Components Reported From the Secretary of 
Defense and the Secretary of Veterans Affairs.--Beginning October 1, 
2022, 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 Defense, that--
            (1) are available to each such Secretary; and
            (2) are necessary, as determined by the Commissioner, for 
        the calculation of the outcome metrics described in section 5 
        for each year.
    (d) Financial Assistance Eligibility Data From the Secretary of 
Education.--Beginning October 1, 2022, the Secretary shall provide to 
the higher education data system the data components relating to 
individual eligibility for, and receipt of aid from, all Federal 
student financial aid programs that are necessary for the calculation 
of the outcome metrics described in section 5 for each year.

SEC. 5. ESTABLISHMENT OF NEW METRICS.

    (a) Metrics.--
            (1) In general.--Beginning not later than 4 years after the 
        date of enactment of this Act and annually thereafter, the 
        Secretary, acting through the Commissioner, shall use the 
        higher education data system to calculate only the metrics 
        described in subsections (b) and (c) for each institution 
        participating in the system and, wherever applicable and 
        feasible, for each program of study at the institution.
            (2) Period of data.--The Secretary shall calculate the 
        metrics described in subsections (b) and (c) for the previous 
        year.
    (b) Education and Debt-Related Metrics.--
            (1) In general.--The education and debt-related metrics to 
        be calculated under the higher education data system are the 
        following:
                    (A) All student-focused IPEDS metrics.
                    (B) The percentage of students who receive each of 
                the following:
                            (i) Federal grants.
                            (ii) Federal loans.
                            (iii) State grants.
                            (iv) State loans.
                            (v) Private loans.
                            (vi) Private scholarships.
                            (vii) Institutional grants.
                            (viii) Institutional loans.
                    (C) Student completion rates, calculated based on 
                the percentage of students who complete the program 
                within 100 percent, 150 percent, and 200 percent of 
                normal program completion time.
                    (D) The mean and median amount of Federal loan 
                debt, including accrued interest, incurred by aided 
                students while enrolled in the institution for the most 
                recent award year for which data are available.
                    (E) The mean and median amount of total Federal 
                loan debt, including accrued interest, incurred by 
                aided students of the institution, as of the date of 
                the student's graduation or completion of the student's 
                program of study.
                    (F) The mean and median amount of total Federal 
                loan debt, including accrued interest, of aided 
                students who do not complete a program, measured as of 
                the day before the student's repayment period for any 
                such loans begin.
                    (G) The loan repayment rates of students who 
                enrolled in the institution, as of 2, 6, and 15 years 
                after the date of program completion or exit.
                    (H) Student transfer rates, which shall be defined 
                as the percentage of students who leave an institution 
                and successfully enroll in a program of study at 
                another institution, by sector of transfer, including 
                whether the receiving program of study is offered by a 
                public 4-year institution, public 2-year institution, 
                public less-than-2-year institution, private nonprofit 
                4-year institution, private nonprofit 2-year 
                institution, private nonprofit less-than-2-year 
                institution, private for-profit 4-year institution, 
                private for-profit 2-year institution, or private for-
                profit less-than-2-year institution.
                    (I) Transfer student completion rates, which shall 
                be defined as the percentage of students who leave an 
                institution, successfully enroll in a program of study 
                at another institution, and complete such program of 
                study, by sector of transfer (as described in 
                subparagraph (H)).
                    (J) Rates of continuation to subsequent levels of 
                education, including lateral, higher, and lower levels 
                of degree or credential progression, disaggregated by 
                credential sought (including master's degree, law 
                degree, medical degree, veterinary degree, and 
                postbaccalaureate certificate).
                    (K) The percentage of students who receive the 
                degree level they initially sought and the percentage 
                of students who receive a higher degree level.
                    (L) The percentage of students who drop out of the 
                institution without receiving a degree or credential.
            (2) Disaggregation.--
                    (A) In general.--The education and debt-related 
                metrics described in paragraph (1) shall be 
                disaggregated and separately provided, except as 
                allowed under subparagraph (B), on the basis of the 
                following uncombined categories of data:
                            (i) Students who received a Federal Pell 
                        Grant under subpart 1 of part A of title IV of 
                        the Higher Education Act of 1965 (20 U.S.C. 
                        1070a et seq.).
                            (ii) Students who received a loan under 
                        part B or D of such title (20 U.S.C. 1071 et 
                        seq; 1087a et seq.) but not a Federal Pell 
                        Grant.
                            (iii) Students who received neither a 
                        Federal Pell Grant, nor a loan under such part 
                        B or D.
                            (iv) Students who are recipients of 
                        educational assistance benefits provided 
                        directly to veterans under the law. The 
                        Secretary of Veterans Affairs shall coordinate 
                        with the Secretary to make available data 
                        sufficient to enable such reporting under this 
                        subparagraph.
                            (v) Students who are servicemembers or 
                        veterans.
                            (vi) Enrollment status, including the 
                        following:
                                    (I) First-time, full-time students.
                                    (II) First-time, part-time 
                                students.
                                    (III) Non-first-time, full-time 
                                students.
                                    (IV) Non-first-time, part-time 
                                students.
                            (vii) Race or ethnicity.
                            (viii) Age or age intervals.
                            (ix) Gender.
                            (x) First-generation postsecondary 
                        education student status.
                            (xi) The type of credential (including a 
                        baccalaureate degree, associate's degree, and a 
                        certificate) sought by the student through the 
                        program of study.
                            (xii) Whether the student is college-ready 
                        or non-college-ready in mathematics and 
                        science, as determined by the institution of 
                        higher education.
                            (xiii) Completion status.
                    (B) Exception.--The education and debt-related 
                metrics described in a category under any of clauses 
                (i) through (iv), (xi), or (xiii) of subparagraph (A) 
                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 (i) through (xiii) of such subparagraph.
    (c) Earning Metrics.--The earning metrics shall be calculated in 
the following manner:
            (1) The earnings metrics shall consist of the debt-to-
        earnings ratio, and the annual earnings from employment, of 
        students who enrolled in the institution of higher education--
                    (A) calculated at the mean, median, and 10th, 25th, 
                75th, and 90th percentiles of such students; and
                    (B) further disaggregated by--
                            (i) program of study and credential 
                        received;
                            (ii) the State in which the student is 
                        employed; and
                            (iii) completion status.
            (2) The debt-to-earnings ratios and the annual earnings 
        from employment calculated and disaggregated under paragraph 
        (1) shall be calculated and reported for students for each of 
        the following time periods:
                    (A) 2 years after the student's educational program 
                completion or exit.
                    (B) 6 years after the student's educational program 
                completion or exit.
                    (C) 15 years after the student's educational 
                program completion or exit.

SEC. 6. TRANSITION.

    (a) Ensuring Comparability of Data Metrics.--For a period of 5 
years beginning on the date on which the new outcome metrics under this 
Act are first reported to the public under section 7(a), 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 Act.
    (b) Transition.--Beginning 5 years after the date on which the new 
outcome metrics under this Act are first reported to the public under 
section 7(a), the higher education data system shall replace any 
separate reporting or data collection requirements under IPEDS 
involving the student-focused IPEDS metrics.

SEC. 7. DISCLOSURE AND USE OF DATA.

    (a) In General.--The Secretary shall--
            (1) make the outcome metrics described in section 5 for 
        each year available on the website of the Department and 
        through any other appropriate method, in a timely and user-
        friendly manner; and
            (2) publish such outcome metrics in a machine-readable 
        format--
                    (A) on the website of the Department and through 
                any other appropriate method; and
                    (B) in a timely manner.
    (b) Sale of Data Components Prohibited.--The Secretary shall not 
sell any data components collected for the higher education data system 
to any third party.

SEC. 8. 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 
law, except as provided under section 6 with respect to the collection 
of the IPEDS student-focused metrics.

SEC. 9. AMENDMENTS TO THE HIGHER EDUCATION ACT OF 1965.

    (a) Removing Duplicative Requirements.--The Higher Education Act of 
1965 (20 U.S.C. 1001 et seq.) is amended--
            (1) in section 132(i)(4), by inserting at the end the 
        following: ``, subject to the requirements of the Student Right 
        to Know Before You Go Act of 2022 and until the Secretary 
        determines that the transition to the higher education data 
        system established under such Act has occurred.''; and
            (2) in section 485, by adding at the end the following:
    ``(n) Alignment With Institutional Reporting Requirements.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Student Right to Know Before You Go Act of 
        2022, 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 Act.
            ``(2) Link to institutional reporting website.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of the Student Right to Know Before 
                You Go Act of 2022, an institution of higher education 
                participating in any program under this title shall--
                            ``(i) notwithstanding any other provision 
                        of law, not be required to meet any duplicative 
                        requirements identified under paragraph (1); 
                        and
                            ``(ii) 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 2022.
                    ``(B) Requirements of link.--The link described in 
                subparagraph (A)(ii) shall--
                            ``(i) at a minimum, be included on any 
                        webpage for the institution with cost, 
                        financial aid, admissions, or other consumer 
                        information; and
                            ``(ii) be clear, conspicuous, and readily 
                        accessible, as determined by the Secretary.''.

SEC. 10. 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 2022 through 2030.
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