II 

113TH CONGRESS 

2D SESSION S. 2863 

To require the Secretary of Education to complete a data analysis on the 

impact of the proposed rule on gainful employment prior to issuing 

a final rule on gainful employment. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2014 

Mr. FLAKE (for himself, Mr. MCCAIN, Mr. HATCH, Mr. ISAKSON, and Mr. 

SCOTT) introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To require the Secretary of Education to complete a data 

analysis on the impact of the proposed rule on gainful 

employment prior to issuing a final rule on gainful employment. 

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 ‘‘Transparency in Edu5 cation Act’’. 


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•S 2863 IS

1 SEC. 2. DATA ANALYSIS REQUIREMENT FOR FINAL RULE 

2 ON GAINFUL EMPLOYMENT. 

3 (a) IN GENERAL.—The Secretary of Education shall 

4 not issue a final rule or otherwise implement the proposed 

5 rule published by the Department of Education in the no6 tice of proposed rulemaking in the Federal Register on 

7 March 25, 2014 (79 Fed. Reg. 16426 et seq.), or any 

8 other proposed rule that amends parts 600 or 668 of title 

9 34, Code of Federal Regulations, with respect to gainful 

10 employment programs, until 90 days after— 

11 (1) the Secretary of Education publishes a com12 plete data analysis— 

13 (A) on the impact of such proposed rule 

14 (including the debt-to-earnings and pro15 grammatic cohort default rate measures) on all 

16 postsecondary education programs and students 

17 at all categories of institutions of higher edu18 cation that participate in a program under title 

19 IV of the Higher Education Act of 1965 (20 

20 U.S.C. 1070 et seq.), including the impact on— 

21 (i) students who receive Federal Pell 

22 Grants under section 401 of the Higher 

23 Education Act of 1965 (20 U.S.C. 1070a); 

24 (ii) minority students; 

25 (iii) students over age 24; 

26 (iv) students who are veterans; 


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1 (v) independent students; and 

2 (vi) dependent students; and 

3 (B) in a format similar to the Gainful Em4 ployment 2012 Informational Rate Calculations 

5 published by the Department of Education; and 

6 (2) the Comptroller General of the United 

7 States issues a report that reviews such data anal8 ysis for data accuracy and completeness. 

9 (b) DEFINITIONS.—For purposes of this section: 

10 (1) INDEPENDENT STUDENT.—The term ‘‘inde11 pendent student’’ has the meaning given the term in 

12 section 480(d) of the Higher Education Act of 1965 

13 (20 U.S.C. 1087vv(d)). 

14 (2) INSTITUTION OF HIGHER EDUCATION.—The 

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

16 meaning given the term in section 102 of the Higher 

17 Education Act of 1965 (20 U.S.C. 1002), except 

18 that the term does not include institutions described 

19 in subparagraph (C) of such section 102(a)(1). 

20 (3) VETERAN.—The term ‘‘veteran’’ has the 

21 meaning given the term in section 480(c) of the 

22 Higher Education Act of 1965 (20 U.S.C. 

23 1087vv(c)). 

Æ 


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