20 U.S.C. § 1015e — State higher education information sys-

Page 227 TITLE 20—EDUCATION § 1015e Subsec. (a). Pub. L. 117–81, § 6206(a)(2), substituted ‘‘member of a qualifying Federal service’’ for ‘‘member of the armed forces who is on active duty for a period of more than 30 days and’’. Subsec. (b). Pub. L. 117–81, § 6206(a)(3), substituted ‘‘member of a qualifying Federal service’’ for ‘‘member of the armed forces’’. Subsec. (d). Pub. L. 117–81, § 6206(a)(4), added subsec. (d) and struck out former subsec. (d). Prior to amend- ment, text read as follows: ‘‘In this section, the terms ‘armed forces’ and ‘active duty for a period of more than 30 days’ have the meanings given those terms in section 101 of title 10.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2023 AMENDMENT Pub. L. 118–31, div. G, title III, § 7316(b), Dec. 22, 2023, 137 Stat. 1033, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take ef- fect at each public institution of higher education in a State that receives assistance under the Higher Edu- cation Act of 1965 (20 U.S.C. 1001 et seq.) for the first pe- riod of enrollment at such institution that begins after July 1, 2024.’’ EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 117–81, div. F, title LXII, § 6206(b), Dec. 27, 2021, 135 Stat. 2392, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect at each public institution of higher edu- cation in a State that receives assistance under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for the first period of enrollment at such institution that begins after July 1, 2024.’’ § 1015e. State higher education information sys- tem pilot program (a) Purpose It is the purpose of this section to carry out a pilot program to assist not more than five States to develop State-level postsecondary stu- dent data systems to— (1) improve the capacity of States and insti- tutions of higher education to generate more comprehensive and comparable data, in order to develop better-informed educational policy at the State level and to evaluate the effec- tiveness of institutional performance while protecting the confidentiality of students’ per- sonally identifiable information; and (2) identify how to best minimize the data- reporting burden placed on institutions of higher education, particularly smaller institu- tions, and to maximize and improve the infor- mation institutions receive from the data sys- tems, in order to assist institutions in improv- ing educational practice and postsecondary outcomes. (b) Definition of eligible entity In this section, the term ‘‘eligible entity’’ means— (1) a State higher education system; or (2) a consortium of State higher education systems, or a consortium of individual institu- tions of higher education, that is broadly rep- resentative of institutions in different sectors and geographic locations. (c) Competitive grants (1) Grants authorized The Secretary shall award grants, on a com- petitive basis, to not more than five eligible entities to enable the eligible entities to— (A) design, test, and implement systems of postsecondary student data that provide the maximum benefits to States, institutions of higher education, and State policymakers; and (B) examine the costs and burdens in- volved in implementing a State-level post- secondary student data system. (2) Duration A grant awarded under this section shall be for a period of not more than three years. (d) Application requirements An eligible entity desiring a grant under this section shall submit an application to the Sec- retary at such time, in such manner, and con- taining such information as the Secretary may reasonably require, including a description of— (1) how the eligible entity will ensure that student privacy is protected and that individ- ually identifiable information about students, the students’ achievements, and the students’ families remains confidential in accordance with section 1232g of this title (commonly known as the ‘‘Family Educational Rights and Privacy Act of 1974’’); and (2) how the activities funded by the grant will be supported after the three-year grant period. (e) Use of funds A grant awarded under this section shall be used to— (1) design, develop, and implement the com- ponents of a comprehensive postsecondary stu- dent data system with the capacity to trans- mit student information within a State; (2) improve the capacity of institutions of higher education to analyze and use student data; (3) select and define common data elements, data quality, and other elements that will en- able the data system to— (A) serve the needs of institutions of high- er education for institutional research and improvement; (B) provide students and the students’ fam- ilies with useful information for decision- making about postsecondary education; and (C) provide State policymakers with im- proved information to monitor and guide ef- forts to improve student outcomes and suc- cess in higher education; (4) estimate costs and burdens at the institu- tional level for the reporting system for dif- ferent types of institutions; and (5) test the feasibility of protocols and standards for maintaining data privacy and data access. (f) Evaluation; reports Not later than six months after the end of the projects funded by grants awarded under this section, the Secretary shall— (1) conduct a comprehensive evaluation of the pilot program authorized by this section; and (2) report the Secretary’s findings, as well as recommendations regarding the implementa- tion of State-level postsecondary student data systems, to the authorizing committees. Page 228 TITLE 20—EDUCATION § 1015f 1 So in original. Probably should be ‘‘unforeseen’’. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary for fiscal year 2009 and each of the five succeeding fiscal years. (Pub. L. 89–329, title I, § 136, as added Pub. L. 110–315, title I, § 115, Aug. 14, 2008, 122 Stat. 3111; amended Pub. L. 111–39, title I, § 101(b)(4), July 1, 2009, 123 Stat. 1935.) Editorial Notes AMENDMENTS 2009—Subsec. (d)(1). Pub. L. 111–39 substituted ‘‘(com- monly known as the ‘Family Educational Rights and Privacy Act of 1974’)’’ for ‘‘(Family Educational Rights and Privacy Act of 1974)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. § 1015f. State commitment to affordable college education (a) Maintenance of effort required A State shall provide— (1) for public institutions of higher edu- cation in such State for any academic year be- ginning on or after July 1, 2008, an amount which is equal to or greater than the average amount provided for non-capital and non-di- rect research and development expenses or costs by such State to such institutions of higher education during the five most recent preceding academic years for which satisfac- tory data are available; and (2) for private institutions of higher edu- cation in such State for any academic year be- ginning on or after July 1, 2008, an amount which is equal to or greater than the average amount provided for student financial aid for paying costs associated with postsecondary education by such State to such institutions during the five most recent preceding aca- demic years for which satisfactory data are available. (b) Adjustments for biennial appropriations The Secretary shall take into consideration any adjustments to the calculations under sub- section (a) that may be required to accurately reflect funding levels for postsecondary edu- cation in States with biennial appropriation cy- cles. (c) Waiver The Secretary shall waive the requirements of subsection (a), if the Secretary determines that such a waiver would be equitable due to excep- tional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforseen 1 decline in the financial resources of a State or State educational agency, as appro- priate. (d) Violation of maintenance of effort Notwithstanding any other provision of law, the Secretary shall withhold from any State that violates subsection (a) and does not receive a waiver pursuant to subsection (c) any amount that would otherwise be available to the State under section 1141 of this title until such State has made significant efforts to correct such vio- lation. (Pub. L. 89–329, title I, § 137, as added Pub. L. 110–315, title I, § 116, Aug. 14, 2008, 122 Stat. 3113.) Editorial Notes PRIOR PROVISIONS 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 Con- tinuing 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 ad- ministration of the National Advisory Council on Con- tinuing Education, prior to the general amendment of this subchapter by Pub. L. 99–498. PART D—ADMINISTRATIVE PROVISIONS FOR DELIVERY OF STUDENT FINANCIAL ASSISTANCE § 1018. Performance-Based Organization for de- livery of Federal student financial assistance (a) Establishment and purpose (1) Establishment There is established in the Department a Performance-Based Organization (hereafter re- ferred to as the ‘‘PBO’’) which shall be a dis- crete management unit responsible for man- aging the administrative and oversight func- tions supporting the programs authorized under subchapter IV of this chapter, as speci- fied in subsection (b). (2) Purposes The purposes of the PBO are— (A) to improve service to students and other participants in the student financial assistance programs authorized under sub- chapter IV, including making those pro- grams more understandable to students and their parents; (B) to reduce the costs of administering those programs; (C) to increase the accountability of the officials responsible for administering the operational aspects of these programs; (D) to provide greater flexibility in the management and administration of the Fed- eral student financial assistance programs;