2300 
the Secretary progress in achieving the benchmarks 
developed pursuant to paragraph (1). 
(h) REPORT.— 
(1) REPORTS TO THE SECRETARY.—Each eligi-
ble State receiving a grant under this section shall 
annually submit to the Secretary and the Secretary 
of Labor a report on such grant, including— 
(A) a description of the systematic reform 
carried out by the State using such grant; and 
(B) the outcome of such reform, including 
the State’s progress in achieving the bench-
marks developed under subsection (g). 
(2) REPORTS TO CONGRESS.—Not later than 6 
months after the end of the grant period, the Sec-
retary shall submit to the Committee on Health, 
Education, Labor, and Pensions of the Senate and 
the Committee on Education and Labor of the 
House of Representatives a summary of the reports 
submitted under paragraph (1) with respect to such 
grant period. 
(i) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) community colleges play an important role 
in preparing and training students seeking to enter 
the workforce; 
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(2) it is vital that all States have access to the 
resources and assistance needed to compete for 
grants authorized under this section; and 
(3) in executing the grant program authorized 
under this section, the Secretary will make available 
any and all assistance, guidance, and support to 
States seeking to compete for grants authorized 
under this section and will work to ensure that such 
grants are distributed in a fair and equitable man-
ner. 
SEC. 505. NATIONAL ACTIVITIES. 
(a) OPEN ONLINE EDUCATION.—From the amount 
appropriated to carry out this section, the Secretary is au-
thorized to make competitive grants to, or enter into con-
tracts with, institutions of higher education, philanthropic 
organizations, and other appropriate entities to develop, 
evaluate, and disseminate freely-available high-quality on-
line training, high school courses, and postsecondary edu-
cation courses. Entities receiving funds under this sub-
section shall ensure that electronic and information tech-
nology activities meet the access standards established 
under section 508 of the Rehabilitation Act of 1973 (29 
U.S.C. 794d). 
(b) LEARNING AND EARNING RESEARCH CENTER.— 
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2302 
(1) IN
GENERAL.—From the amount appro-
priated to carry out this section, the Director of the 
Institute of Education Sciences is authorized to 
award a grant to, or enter into a contract with, an 
organization with demonstrated expertise in the re-
search and evaluation of community colleges to es-
tablish and operate the Learning and Earning Re-
search Center (in this section referred to as the 
‘‘Center’’). 
(2) GRANT
TERM.—The grant or contract 
awarded under this section shall be awarded for a 
period of not more than 4 years. 
(3) BOARD.—The Center shall have an inde-
pendent advisory board of 9 individuals who— 
(A) are appointed by the Secretary, based 
on recommendations from the organization re-
ceiving the grant or contract under this section; 
and 
(B) who have demonstrated expertise in— 
(i) data collection; 
(ii) data analysis; and 
(iii) econometrics, postsecondary edu-
cation, and workforce development re-
search. 
(4) CENTER ACTIVITIES.—The Center shall— 
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(A) develop— 
(i) peer-reviewed metrics to help con-
sumers make sound education and training 
choices, and to help students, workers, 
schools, businesses, researchers, and pol-
icymakers assess the effectiveness of com-
munity colleges, and courses of study at 
such colleges, in meeting education and 
employment objectives and serving groups 
that are underrepresented in postsecondary 
education; 
(ii) common metrics and data ele-
ments to measure the education and em-
ployment outcomes of students attending 
community colleges; 
(B) coordinate with the Institute of Edu-
cation Sciences and States receiving a grant 
under subsection (c) to develop— 
(i) standardized data elements, defini-
tions, and data-sharing protocols to make 
it possible for data systems related to post-
secondary education to be linked and inter-
operable, and for best practices to be 
shared among States; 
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2304 
(ii) standards and processes for facili-
tating sharing of data in a manner that 
safeguards student privacy; and 
(C) develop and make widely available ma-
terials analyzing best practices and research on 
successful postsecondary education and training 
efforts; 
(D) make the data and metrics developed 
pursuant to subparagraph (A) available to the 
public in a transparent, user-friendly format 
that is accessible to individuals with disabilities; 
and 
(E) consult with representatives from 
States with respect to the activities of the Cen-
ter. 
(c) STATE SYSTEMS.— 
(1) IN
GENERAL.—From the amount appro-
priated to carry out this section, the Secretary is au-
thorized to award grants to States or consortia of 
States to establish cooperative agreements to de-
velop, implement, and expand interoperable state-
wide longitudinal data systems that— 
(A) collect, maintain, disaggregate (by in-
stitution, income, race, ethnicity, sex, disability, 
and age), and analyze student data from com-
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munity colleges, including data on the programs 
of study and education and employment out-
comes for particular students, tracked over 
time; and 
(B) can be linked to other data systems, as 
applicable, including elementary and secondary 
education and workforce data systems. 
(2) SUPPLEMENT, NOT SUPPLANT.—Funds ap-
propriated to carry out this subsection shall be used 
to supplement, and not supplant, other Federal and 
State resources that would otherwise be expended to 
carry out statewide longitudinal data systems, in-
cluding funding appropriated for State Longitudinal 
Data Systems in the American Recovery and Rein-
vestment Act of 2009 (Public Law 111–5; 123 Stat. 
115). 
(3) PRIVACY AND ACCESS TO DATA.— 
(A) IN GENERAL.—Each State or consortia 
that receives a grant under this subsection or 
any other provision of this division shall imple-
ment measures to— 
(i) ensure that the statewide longitu-
dinal data system under this subsection 
and any other data system the State or 
consortia is operating for the purposes of 
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this division meet the requirements of sec-
tion 444 of the General Education Provi-
sions Act (20 U.S.C. 1232g) (commonly 
known as the ‘‘Family Educational Rights 
and Privacy Act of 1974’’); 
(ii) limit the use of information in any 
such data system by governmental agencies 
in the State, including State agencies, 
State educational authorities, local edu-
cational agencies, community colleges, and 
institutions of higher education, to edu-
cation and workforce related activities 
under this division or education and work-
force related activities otherwise permitted 
by Federal or State law; 
(iii) prohibit the disclosure of person-
ally identifiable information except as per-
mitted under section 444 of the General 
Education Provisions Act and any addi-
tional limitations set forth in State law; 
(iv) keep an accurate accounting of 
the date, nature, and purpose of each dis-
closure of personally identifiable informa-
tion in any such data system, a description 
of the information disclosed, and the name 
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2307 
and address of the person, agency, institu-
tion, or entity to whom the disclosure is 
made, which accounting shall be made 
available on request to parents of any stu-
dent whose information has been disclosed; 
(v) notwithstanding section 444 of the 
General Education Provisions Act, require 
any non-governmental party obtaining per-
sonally identifiable information to sign a 
data use agreement prior to disclosure 
that— 
(I) prohibits the party from fur-
ther disclosing the information; 
(II) prohibits the party from 
using the information for any purpose 
other than the purpose specified in 
the agreement; and 
(III) requires the party to de-
stroy the information when the pur-
pose for which the disclosure was 
made is accomplished; 
(vi) maintain adequate security meas-
ures to ensure the confidentiality and in-
tegrity of any such data system, such as 
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2308 
protecting a student record from identifica-
tion by a unique identifier; 
(vii) where rights are provided to par-
ents under this clause, provide those rights 
to the student instead of the parent if the 
student has reached the age of 18 or is en-
rolled in a postsecondary educational insti-
tution; and 
(viii) ensure adequate enforcement of 
the requirements of this paragraph. 
(B) USE
OF
UNIQUE
IDENTIFIERS.—It 
shall be unlawful for any Federal, State, or 
local governmental agency to— 
(i) use the unique identifiers employed 
in such data systems for any purpose other 
than as authorized by Federal or State 
law; or 
(ii) deny any individual any right, 
benefit, or privilege provided by law be-
cause of such individual’s refusal to dis-
close the individual’s unique identifier. 
(d) REPORT.—The Secretary shall submit to the 
Committee on Health, Education, Labor, and Pensions of 
the Senate and the Committee on Education and Labor 
of the House of Representatives an annual report on the 
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amounts awarded to entities receiving grants or contracts 
under this section, and the activities carried out by such 
entities under such grants and contracts. 
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Union Calendar No. 256 
111TH CONGRESS 
2D SESSION 
H. R. 4872 
A BILL 
To provide for reconciliation pursuant to section 
202 of the concurrent resolution on the budget 
for fiscal year 2010. 
MARCH 17, 2010 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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