§ 1015. Improvements in Market Information and Public Accountability in Higher Education

(a) Improved data collection

(1) Development of uniform methodology

     The Secretary shall direct the Commissioner of Education Statistics to convene a series of forums to develop nationally consistent methodologies for reporting costs incurred by postsecondary institutions in providing postsecondary education.

(2) Redesign of data systems

     On the basis of the methodologies developed pursuant to paragraph (1), the Secretary shall redesign relevant parts of the postsecondary education data systems to improve the usefulness and timeliness of the data collected by such systems.

(3) Information to institutions

     The Commissioner of Education Statistics shall—

     (A) develop a standard definition for the following data elements:

     (i) tuition and fees for a full-time undergraduate student;

     (ii) cost of attendance for a full-time undergraduate student, consistent with the provisions of section 1087ll of this title;

     (iii) average amount of financial assistance received by an undergraduate student who attends an institution of higher education, including—

(I) each type of assistance or benefit described in section 1078(a)(2)(C)(i) ¹ of this title;

¹ See References in Text note below.

(II) fellowships; and

(III) institutional and other assistance; and

     (iv) number of students receiving financial assistance described in each of subclauses (I), (II), and (III) of clause (iii);

     (B) not later than 90 days after October 7, 1998, report the definitions to each institution of higher education and within a reasonable period of time thereafter inform the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives of those definitions; and

     (C) collect information regarding the data elements described in subparagraph (A) with respect to at least all institutions of higher education participating in programs under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42, beginning with the information from academic year 2000–2001 and annually thereafter.

(b) Data dissemination

     The Secretary shall make available the data collected pursuant to subsection (a) of this section. Such data shall be available in a form that permits the review and comparison of the data submissions of individual institutions of higher education. Such data shall be presented in a form that is easily understandable and allows parents and students to make informed decisions based on the costs for typical full-time undergraduate students.

(c) Study

(1) In general

     The Commissioner of Education Statistics shall conduct a national study of expenditures at institutions of higher education. Such study shall include information with respect to—

     (A) the change in tuition and fees compared with the consumer price index and other appropriate measures of inflation;

     (B) faculty salaries and benefits;

     (C) administrative salaries, benefits and expenses;

     (D) academic support services;

     (E) research;

     (F) operations and maintenance; and

     (G) institutional expenditures for construction and technology and the potential cost of replacing instructional buildings and equipment.

(2) Evaluation

     The study shall include an evaluation of—

     (A) changes over time in the expenditures identified in paragraph (1);

     (B) the relationship of the expenditures identified in paragraph (1) to college costs; and

     (C) the extent to which increases in institutional financial aid and tuition discounting practices affect tuition increases, including the demographics of students receiving such discounts, the extent to which financial aid is provided to students with limited need in order to attract a student to a particular institution, and the extent to which Federal financial aid, including loan aid, has been used to offset the costs of such practices.

(3) Final report

     The Commissioner of Education Statistics shall submit a report regarding the findings of the study required by paragraph (1) to the appropriate committees of Congress not later than September 30, 2002.

(4) Higher education market basket

     The Bureau of Labor Statistics, in consultation with the Commissioner of Education Statistics, shall develop a higher education market basket that identifies the items that comprise the costs of higher education. The Bureau of Labor Statistics shall provide a report on the market basket to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives not later than September 30, 2002.

(5) Fines

     In addition to actions authorized in section 1094(c) of this title, the Secretary may impose a fine in an amount not to exceed $25,000 on an institution of higher education for failing to provide the information described in paragraph (1) in a timely and accurate manner, or for failing to otherwise cooperate with the National Center for Education Statistics regarding efforts to obtain data on the cost of higher education under this section and pursuant to the program participation agreement entered into under section 1094 of this title.

(d) Student aid recipient survey

     (1) The Secretary shall survey student aid recipients on a regular cycle, but not less than once every 3 years—

     (A) to identify the population of students receiving Federal student aid;

     (B) to determine the income distribution and other socioeconomic characteristics of federally aided students;

     (C) to describe the combinations of aid from State, Federal, and private sources received by students from all income groups;

     (D) to describe the debt burden of loan recipients and their capacity to repay their education debts; and

     (E) to disseminate such information in both published and machine readable form.

     (2) The survey shall be representative of full-time and part-time, undergraduate, graduate, and professional and current and former students in all types of institutions, and should be designed and administered in consultation with the Congress and the postsecondary education community.

(Pub. L. 89–329, title I, § 131, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1602.)

References in Text

     Section 1078(a)(2)(C) of this title, referred to in subsec. (a)(3)(A)(iii)(I), was amended generally by Pub. L. 105–244, title IV, § 417(a)(1)(C), Oct. 7, 1998, 112 Stat. 1682, and, as so amended, provisions formerly appearing in cl. (i) are now contained in cl. (ii).

     A prior section 1015, Pub. L. 89–329, title I, § 131, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 465, authorized grants to eligible partnerships for education telecommunications activities, prior to the general amendment of this subchapter by Pub. L. 105–244.

     Another prior section 1015, Pub. L. 89–329, title I, § 115, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1285, authorized appropriations for former part A of this subchapter, prior to the general amendment of this subchapter by Pub. L. 102–325.

     Another prior section 1015, Pub. L. 89–329, title I, § 115, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1380, related to continuing education, prior to the general amendment of this subchapter by Pub. L. 99–498.

     Another prior section 1015, Pub. L. 89–329, title I, § 131, as added Pub. L. 94–482, title I, § 101(g)(3), Oct. 12, 1976, 90 Stat. 2086, set out the Congressional findings with regard to the lifelong learning program, prior to the general amendment of this subchapter by Pub. L. 96–374.

     A prior section 131 of Pub. L. 89–329, title I, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1286, related to National Advisory Council on Continuing Education and was classified to section 1017 of this title, prior to the general amendment of this subchapter by Pub. L. 102–325.

     A prior section 1015a, Pub. L. 89–329, title I, § 132, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 465, related to grant applications, prior to the general amendment of this subchapter by Pub. L. 105–244.

     Another prior section 1015a, Pub. L. 89–329, title I, § 132, as added Pub. L. 94–482, title I, § 101(g)(3), Oct. 12, 1976, 90 Stat. 2087, set out scope of lifelong learning program, prior to the general amendment of this subchapter by Pub. L. 96–374.

     A prior section 1015b, Pub. L. 89–329, title I, § 133, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 466, related to activities for which grants could be used, prior to the general amendment of this subchapter by Pub. L. 105–244.

     Another prior section 1015b, Pub. L. 89–329, title I, § 133, as added Pub. L. 94–482, title I, § 101(g)(3), Oct. 12, 1976, 90 Stat. 2087; amended Pub. L. 95–43, § 1(a)(4), June 15, 1977, 91 Stat. 213, related to implementation of lifelong learning program by Assistant Secretary, prior to the general amendment of this subchapter by Pub. L. 96–374.

     A prior section 1015c, Pub. L. 89–329, title I, § 134, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 466, defined "public broadcasting entity" for purposes of former part C of this subchapter, prior to the general amendment of this subchapter by Pub. L. 105–244.

     Another prior section 1015c, Pub. L. 89–329, title I, § 134, as added Pub. L. 94–482, title I, § 101(g)(3), Oct. 12, 1976, 90 Stat. 2089, related to annual reports by Assistant Secretary and content of these reports, prior to the general amendment of this subchapter by Pub. L. 96–374.

     A prior section 1015d, Pub. L. 89–329, title I, § 135, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 466, required grant recipients to submit reports, prior to the general amendment of this subchapter by Pub. L. 105–244.

     A prior section 1016, Pub. L. 89–329, title I, § 121, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1285, related to adult learning research, prior to the general amendment of this subchapter by Pub. L. 102–325.

     Another prior section 1016, Pub. L. 89–329, title I, § 116, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1381, provided for Federal discretionary grants, prior to the general amendment of this subchapter by Pub. L. 99–498.

     A prior section 1016a, Pub. L. 89–329, title I, § 122, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1286, limited funds authorized to be appropriated, prior to the general amendment of this subchapter by Pub. L. 102–325.

     A prior section 1017, Pub. L. 89–329, title I, § 131, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1286; Pub. L. 102–54, § 13(g)(1)(A), June 13, 1991, 105 Stat. 275, related to National Advisory Council on Continuing Education, prior to the general amendment of this subchapter by Pub. L. 102–325.

     Another prior section 1017, Pub. L. 89–329, title I, § 117, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1382; amended Pub. L. 99–386, title I, § 103(a), Aug. 22, 1986, 100 Stat. 821, related to establishment and administration of the National Advisory Council on Continuing Education, prior to the general amendment of this subchapter by Pub. L. 99–498.

     Pub. L. 105–244, title VIII, § 803, Oct. 7, 1998, 112 Stat. 1805, provided that:

     "(a) In General.—The Secretary of Education shall conduct a study that analyzes the distribution and increase in student-related debt in terms of—

"(1) demographic characteristics, such as race or ethnicity, and family income;

"(2) type of institution and whether the institution is a public or private institution;

"(3) loan source, such as Federal, State, institutional or other, and, if the loan source is Federal, whether the loan is or is not subsidized;

"(4) academic field of study;

"(5) parent loans, and whether the parent loans are federally guaranteed, private, or property-secured such as home equity loans; and

"(6) relation of student debt or anticipated debt to—

     "(A) students’ decisions about whether and where to enroll in college and whether or how much to borrow in order to attend college;

     "(B) the length of time it takes students to earn baccalaureate degrees;

     "(C) students’ decisions about whether and where to attend graduate school;

     "(D) graduates’ employment decisions;

     "(E) graduates’ burden of repayment as reflected by the graduates’ ability to save for retirement or invest in a home; and

     "(F) students’ future earnings.

     "(b) Report.—After conclusion of the study required by subsection (a), the Secretary of Education shall submit a final report regarding the findings of the study to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives not later than 18 months after the date of enactment of the Higher Education Amendments of 1998 [Oct. 7, 1998].

     "(c) Information.—After the study and report under this section are concluded, the Secretary of Education shall determine which information described in subsection (a) would be useful for families to know and shall include such information as part of the comparative information provided to families about the costs of higher education under the provisions of part C of title I [probably means part C of title I of Pub. L. 89–329, which is classified generally to this part]."