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College Transparency Act

Introduced Jul 29, 2025 · Last action Aug 4, 2026 Placed on Senate Legislative Calendar under General Orders. Calendar No. 537.

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Summary

This legislation is called the College Transparency Act. Placed on Senate Legislative Calendar under General Orders. Calendar No. 537.

Full bill text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2511 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
  1st Session
                                S. 2511

           To establish a postsecondary student data system.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2025

  Mr. Cassidy (for himself, Ms. Warren, Ms. Baldwin, Mrs. Britt, Mrs.
 Capito, Mr. Cornyn, Mr. Cramer, Ms. Ernst, Mr. Grassley, Ms. Hassan,
Mr. Hickenlooper, Mrs. Hyde-Smith, Mr. Kaine, Mr. Kelly, Ms. Klobuchar,
 Mr. Marshall, Mr. Murphy, Ms. Smith, Mr. Tillis, Mr. Tuberville, Mr.
 Van Hollen, and Mr. Warnock) introduced the following bill; which was
 read twice and referred to the Committee on Health, Education, Labor,
                              and Pensions

_______________________________________________________________________

                                 A BILL

           To establish a postsecondary student data system.

    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 ``College Transparency Act''.

SEC. 2. POSTSECONDARY STUDENT DATA SYSTEM.

    Section 132 of the Higher Education Act of 1965 (20 U.S.C. 1015a)
is amended--
            (1) by redesignating subsection (l) as subsection (m); and
            (2) by inserting after subsection (k) the following:
    ``(l) Postsecondary Student Data System.--
            ``(1) In general.--
                    ``(A) Establishment of system.--Not later than 4
                years after the date of enactment of the College
                Transparency Act, the Commissioner of the National
                Center for Education Statistics (referred to in this
                subsection as the `Commissioner') shall develop and
                maintain a secure and privacy-protected postsecondary
                student-level data system in order to--
                            ``(i) accurately evaluate student
                        enrollment patterns, progression, completion,
                        and postcollegiate outcomes, and higher
                        education costs and financial aid;
                            ``(ii) assist with transparency,
                        institutional improvement, and analysis of
                        Federal aid programs;
                            ``(iii) provide accurate, complete, and
                        customizable information for students and
                        families making decisions about postsecondary
                        education; and
                            ``(iv) reduce the reporting burden on
                        institutions of higher education, in accordance
                        with section 5 of the College Transparency Act.
                    ``(B) Avoiding duplicated reporting.--
                Notwithstanding any other provision of this section, to
                the extent that another provision of this section
                requires the same reporting or collection of data that
                is required under this subsection, an institution of
                higher education, or the Secretary or Commissioner,
                shall use the reporting or data required for the
                postsecondary student data system under this subsection
                to satisfy both requirements.
                    ``(C) Development process.--In developing the
                postsecondary student data system described in this
                subsection, the Commissioner shall--
                            ``(i) focus on the needs of--
                                    ``(I) users of the data system; and
                                    ``(II) entities, including
                                institutions of higher education,
                                reporting to the data system;
                            ``(ii) take into consideration, to the
                        extent practicable--
                                    ``(I) the guidelines outlined in
                                the U.S. Web Design Standards
                                maintained by the General Services
                                Administration and the Digital Services
                                Playbook and TechFAR Handbook for
                                Procuring Digital Services Using Agile
                                Processes of the U.S. Digital Service;
                                and
                                    ``(II) the relevant successor
                                documents or recommendations of such
                                guidelines;
                            ``(iii) use modern, relevant privacy- and
                        security-enhancing technology, and enhance and
                        update the data system as necessary to carry
                        out the purpose of this subsection;
                            ``(iv) ensure data privacy and security is
                        consistent with any relevant Federal law
                        relating to privacy or data security,
                        including--
                                    ``(I) the requirements of
                                subchapter II of chapter 35 of title
                                44, United States Code, specifying
                                security categorization under the
                                Federal Information Processing
                                Standards or any relevant successor of
                                such standards;
                                    ``(II) security requirements that
                                are consistent with the Federal agency
                                responsibilities in section 3554 of
                                title 44, United States Code, or any
                                relevant successor of such
                                responsibilities; and
                                    ``(III) security requirements,
                                guidelines, and controls consistent
                                with cybersecurity standards and best
                                practices developed by the National
                                Institute of Standards and Technology,
                                including frameworks, consistent with
                                section 2(c) of the National Institute
                                of Standards and Technology Act (15
                                U.S.C. 272(c)), or any relevant
                                successor of such frameworks;
                            ``(v) follow Federal data minimization
                        practices to ensure only the minimum amount of
                        data is collected to meet the system's goals,
                        in accordance with Federal data minimization
                        standards and guidelines developed by the
                        National Institute of Standards and Technology;
                        and
                            ``(vi) provide notice to students outlining
                        the data included in the system and how the
                        data are used.
            ``(2) Data elements.--
                    ``(A) In general.--Not later than 4 years after the
                date of enactment of the College Transparency Act, the
                Commissioner, in consultation with the Postsecondary
                Student Data System Advisory Committee established
                under subparagraph (B), shall determine--
                            ``(i) the data elements to be included in
                        the postsecondary student data system, in
                        accordance with subparagraphs (C) and (D); and
                            ``(ii) how to include the data elements
                        required under subparagraph (C), and any
                        additional data elements selected under
                        subparagraph (D), in the postsecondary student
                        data system.
                    ``(B) Postsecondary student data system advisory
                committee.--
                            ``(i) Establishment.--Not later than 2
                        years after the date of enactment of the
                        College Transparency Act, the Commissioner
                        shall establish a Postsecondary Student Data
                        System Advisory Committee (referred to in this
                        subsection as the `Advisory Committee'), whose
                        members shall include--
                                    ``(I) the Chief Privacy Officer of
                                the Department or an official of the
                                Department delegated the duties of
                                overseeing data privacy at the
                                Department;
                                    ``(II) the Chief Security Officer
                                of the Department or an official of the
                                Department delegated the duties of
                                overseeing data security at the
                                Department;
                                    ``(III) representatives of diverse
                                institutions of higher education, which
                                shall include equal representation
                                between 2-year and 4-year institutions
                                of higher education, and from public,
                                nonprofit, and proprietary institutions
                                of higher education, including
                                minority-serving institutions;
                                    ``(IV) representatives from State
                                higher education agencies, entities,
                                bodies, or boards;
                                    ``(V) representatives of
                                postsecondary students;
                                    ``(VI) representatives from
                                relevant Federal agencies;
                                    ``(VII) individuals with expertise
                                in data privacy and security; and
                                    ``(VIII) other stakeholders
                                (including individuals with consumer
                                protection and postsecondary education
                                research).
                            ``(ii) Requirements.--The Commissioner
                        shall ensure that the Advisory Committee--
                                    ``(I) adheres to all requirements
                                under chapter 10 of title 5, United
                                States Code (commonly known as the
                                `Federal Advisory Committee Act');
                                    ``(II) establishes operating and
                                meeting procedures and guidelines
                                necessary to execute its advisory
                                duties; and
                                    ``(III) is provided with
                                appropriate staffing and resources to
                                execute its advisory duties.
                    ``(C) Required data elements.--The data elements in
                the postsecondary student data system shall include, at
                a minimum, the following:
                            ``(i) Student-level data elements necessary
                        to calculate the information within the surveys
                        designated by the Commissioner as `student-
                        related surveys' in the Integrated
                        Postsecondary Education Data System (IPEDS), as
                        such surveys are in effect on the day before
                        the date of enactment of the College
                        Transparency Act, except that in the case that
                        collection of such elements would conflict with
                        subparagraph (F), such elements in conflict
                        with subparagraph (F) shall be included in the
                        aggregate instead of at the student level.
                            ``(ii) Student-level data elements
                        necessary to allow for reporting student
                        enrollment, persistence, retention, transfer,
                        and completion measures for all credential
                        levels separately (including certificate,
                        associate, baccalaureate, and advanced degree
                        levels), within and across institutions of
                        higher education (including across all
                        categories of institution level, control, and
                        predominant degree awarded). The data elements
                        shall allow for reporting about all such data
                        disaggregated by the following categories:
                                    ``(I) Enrollment status as a first-
                                time student, recent transfer student,
                                or other non-first-time student.
                                    ``(II) Attendance intensity,
                                whether full-time or part-time.
                                    ``(III) Credential-seeking status,
                                by credential level.
                                    ``(IV) Race or ethnicity, in a
                                manner that captures all the racial
                                groups specified in the most recent
                                American Community Survey of the Bureau
                                of the Census.
                                    ``(V) Age intervals.
                                    ``(VI) Gender.
                                    ``(VII) Program of study (as
                                applicable).
                                    ``(VIII) Military or veteran
                                benefit status (as determined based on
                                receipt of veteran's education
                                benefits, as defined in section
                                480(c)).
                                    ``(IX) Status as a distance
                                education student, whether exclusively
                                or partially enrolled in distance
                                education.
                                    ``(X) Federal Pell Grant recipient
                                status under section 401 and Federal
                                loan recipient status under title IV,
                                provided that the collection of such
                                information complies with paragraph
                                (1)(B).
                    ``(D) Other data elements.--
                            ``(i) In general.--The Commissioner may,
                        after consultation with the Advisory Committee
                        and provision of a public comment period,
                        include additional data elements in the
                        postsecondary student data system, such as
                        those described in clause (ii), if those data
                        elements--
                                    ``(I) are necessary to ensure that
                                the postsecondary data system fulfills
                                the purposes described in paragraph
                                (1)(A); and
                                    ``(II) are consistent with data
                                minimization principles, including the
                                collection of only those additional
                                elements that are necessary to ensure
                                such purposes.
                            ``(ii) Data elements.--The data elements
                        described in clause (i) may include--
                                    ``(I) status as a first generation
                                college student, as defined in section
                                402A(h);
                                    ``(II) economic status;
                                    ``(III) participation in
                                postsecondary remedial coursework or
                                gateway course completion; or
                                    ``(IV) other data elements that are
                                necessary in accordance with clause
                                (i).
                    ``(E) Reevaluation.--Not less than once every 3
                years after the implementation of the postsecondary
                student data system described in this subsection, the
                Commissioner, in consultation with the Advisory
                Committee described in subparagraph (B), shall review
                the data elements included in the postsecondary student
                data system and may revise the data elements to be
                included in such system.
                    ``(F) Prohibitions.--The Commissioner shall not
                include individual health data (including data relating
                to physical health or mental health), student
                discipline records or data, elementary and secondary
                education data, an exact address, citizenship status,
                migrant status, or national origin status for students
                or their families, course grades, postsecondary
                entrance examination results, political affiliation, or
                religion in the postsecondary student data system under
                this subsection.
            ``(3) Periodic matching with other federal data systems.--
                    ``(A) Data sharing agreements.--
                            ``(i) The Commissioner shall ensure secure
                        and privacy-protected periodic data matches by
                        entering into data sharing agreements with each
                        of the following Federal agencies and offices:
                                    ``(I) The Secretary of the Treasury
                                and the Commissioner of the Internal
                                Revenue Service, in order to calculate
                                aggregate program- and institution-
                                level earnings of postsecondary
                                students.
                                    ``(II) The Secretary of Defense, in
                                order to assess the use of
                                postsecondary educational benefits and
                                the outcomes of servicemembers.
                                    ``(III) The Secretary of Veterans
                                Affairs, in order to assess the use of
                                postsecondary educational benefits and
                                outcomes of veterans.
                                    ``(IV) The Director of the Bureau
                                of the Census, in order to assess the
                                earnings outcomes of former
                                postsecondary education students.
                                    ``(V) The Chief Operating Officer
                                of the Office of Federal Student Aid,
                                in order to analyze the use of
                                postsecondary educational benefits
                                provided under this Act.
                                    ``(VI) The Commissioner of the
                                Social Security Administration, in
                                order to evaluate labor market outcomes
                                of former postsecondary education
                                students.
                                    ``(VII) The Commissioner of the
                                Bureau of Labor Statistics, in order to
                                assess the wages of former
                                postsecondary education students.
                            ``(ii) The heads of Federal agencies and
                        offices described under clause (i) shall enter
                        into data sharing agreements with the
                        Commissioner to ensure secure and privacy-
                        protected periodic data matches as described in
                        this paragraph.
                    ``(B) Categories of data.--The Commissioner shall,
                at a minimum, seek to ensure that the secure and
                privacy-protected periodic data matches described in
                subparagraph (A) permit consistent reporting of the
                following categories of data for all postsecondary
                students:
                            ``(i) Enrollment, retention, transfer, and
                        completion outcomes for all postsecondary
                        students.
                            ``(ii) Financial indicators for
                        postsecondary students receiving Federal grants
                        and loans, including grant and loan aid by
                        source, cumulative student debt, loan repayment
                        status, and repayment plan.
                            ``(iii) Post-completion outcomes for all
                        postsecondary students, including earnings,
                        employment, and further education, by program
                        of study and credential level and as measured--
                                    ``(I) immediately after leaving
                                postsecondary education; and
                                    ``(II) at time intervals
                                appropriate to the credential sought
                                and earned.
                    ``(C) Periodic data match streamlining and
                confidentiality.--
                            ``(i) Streamlining.--In carrying out the
                        secure and privacy-protected periodic data
                        matches under this paragraph, the Commissioner
                        shall--
                                    ``(I) ensure that such matches are
                                not continuous, but occur only
                                periodically at appropriate intervals,
                                as determined by the Commissioner to
                                meet the goals of subparagraph (A); and
                                    ``(II) seek to--
                                            ``(aa) streamline the data
                                        collection and reporting
                                        requirements for institutions
                                        of higher education;
                                            ``(bb) minimize duplicative
                                        reporting across or within
                                        Federal agencies or
                                        departments, including
                                        reporting requirements
                                        applicable to institutions of
                                        higher education under the
                                        Workforce Innovation and
                                        Opportunity Act (29 U.S.C. 3101
                                        et seq.) and the Carl D.
                                        Perkins Career and Technical
                                        Education Act of 2006;
                                            ``(cc) protect student
                                        privacy; and
                                            ``(dd) streamline the
                                        application process for student
                                        loan benefit programs available
                                        to borrowers based on data
                                        available from different
                                        Federal data systems.
                            ``(ii) Review.--Not less often than once
                        every 3 years after the establishment of the
                        postsecondary student data system under this
                        subsection, the Commissioner, in consultation
                        with the Advisory Committee, shall review
                        methods for streamlining data collection from
                        institutions of higher education and minimizing
                        duplicative reporting within the Department and
                        across Federal agencies that provide data for
                        the postsecondary student data system.
                            ``(iii) Confidentiality.--The Commissioner
                        shall ensure that any periodic matching or
                        sharing of data through periodic data system
                        matches established in accordance with this
                        paragraph--
                                    ``(I) complies with the security
                                and privacy protections described in
                                paragraph (1)(C)(iv) and other Federal
                                data protection protocols;
                                    ``(II) follows industry best
                                practices commensurate with the
                                sensitivity of specific data elements
                                or metrics;
                                    ``(III) does not result in the
                                creation of a single standing, linked
                                Federal database at the Department that
                                maintains the information reported
                                across other Federal agencies; and
                                    ``(IV) discloses to postsecondary
                                students what data are included in the
                                data system and periodically matched
                                and how the data are used.
                            ``(iv) Correction.--The Commissioner, in
                        consultation with the Advisory Committee, shall
                        establish a process for students to request
                        access to only their personal information for
                        inspection and request corrections to
                        inaccuracies in a manner that protects the
                        student's personally identifiable information.
                        The Commissioner shall respond in writing to
                        every request for a correction from a student.
            ``(4) Publicly available information.--
                    ``(A) In general.--The Commissioner shall make the
                summary aggregate information described in subparagraph
                (C), at a minimum, publicly available through a user-
                friendly consumer information website and analytic tool
                that--
                            ``(i) provides appropriate mechanisms for
                        users to customize and filter information by
                        institutional and student characteristics;
                            ``(ii) allows users to build summary
                        aggregate reports of information, including
                        reports that allow comparisons across multiple
                        institutions and programs, subject to
                        subparagraph (B);
                            ``(iii) uses appropriate statistical
                        disclosure limitation techniques necessary to
                        ensure that the data released to the public
                        cannot be used to identify specific
                        individuals; and
                            ``(iv) provides users with appropriate
                        contextual factors to make comparisons, which
                        may include national median figures of the
                        summary aggregate information described in
                        subparagraph (C).
                    ``(B) No personally identifiable information
                available.--The summary aggregate information described
                in this paragraph shall not include personally
                identifiable information.
                    ``(C) Summary aggregate information available.--The
                summary aggregate information described in this
                paragraph shall, at a minimum, include each of the
                following for each institution of higher education:
                            ``(i) Measures of student access,
                        including--
                                    ``(I) admissions selectivity and
                                yield; and
                                    ``(II) enrollment, disaggregated by
                                each category described in paragraph
                                (2)(C)(ii).
                            ``(ii) Measures of student progression,
                        including retention rates and persistence
                        rates, disaggregated by each category described
                        in paragraph (2)(C)(ii).
                            ``(iii) Measures of student completion,
                        including--
                                    ``(I) transfer rates and completion
                                rates, disaggregated by each category
                                described in paragraph (2)(C)(ii); and
                                    ``(II) number of completions,
                                disaggregated by each category
                                described in paragraph (2)(C)(ii).
                            ``(iv) Measures of student costs,
                        including--
                                    ``(I) tuition, required fees, total
                                cost of attendance, and net price after
                                total grant aid, disaggregated by in-
                                State tuition or in-district tuition
                                status (if applicable), program of
                                study (if applicable), and credential
                                level; and
                                    ``(II) typical grant amounts and
                                loan amounts received by students
                                reported separately from Federal,
                                State, local, and institutional
                                sources, and cumulative debt,
                                disaggregated by each category
                                described in paragraph (2)(C)(ii) and
                                completion status.
                            ``(v) Measures of postcollegiate student
                        outcomes, including employment rates, mean and
                        median earnings, loan repayment and default
                        rates, and further education rates. These
                        measures shall--
                                    ``(I) be disaggregated by each
                                category described in paragraph
                                (2)(C)(ii) and completion status; and
                                    ``(II) be measured immediately
                                after leaving postsecondary education
                                and at time intervals appropriate to
                                the credential sought or earned.
                    ``(D) Development criteria.--In developing the
                method and format of making the information described
                in this paragraph publicly available, the Commissioner
                shall--
                            ``(i) focus on the needs of the users of
                        the information, which will include students,
                        families of students, potential students,
                        researchers, and other consumers of education
                        data;
                            ``(ii) take into consideration, to the
                        extent practicable, the guidelines described in
                        paragraph (1)(C)(ii)(I), and relevant successor
                        documents or recommendations of such
                        guidelines;
                            ``(iii) use modern, relevant technology and
                        enhance and update the postsecondary student
                        data system with information, as necessary to
                        carry out the purpose of this paragraph;
                            ``(iv) ensure data privacy and security in
                        accordance with standards and guidelines
                        developed by the National Institute of
                        Standards and Technology, and in accordance
                        with any other Federal law relating to privacy
                        or security, including complying with the
                        requirements of subchapter II of chapter 35 of
                        title 44, United States Code, specifying
                        security categorization under the Federal
                        Information Processing Standards, and security
                        requirements, and setting of National Institute
                        of Standards and Technology security baseline
                        controls at the appropriate level; and
                            ``(v) conduct consumer testing to determine
                        how to make the information as meaningful to
                        users as possible.
            ``(5) Permissible disclosures of data.--
                    ``(A) Data reports and queries.--
                            ``(i) In general.--Not later than 4 years
                        after the date of enactment of the College
                        Transparency Act, the Commissioner shall
                        develop and implement a secure and privacy-
                        protected process for making student-level,
                        non-personally identifiable information, with
                        direct identifiers removed, from the
                        postsecondary student data system available for
                        vetted research and evaluation purposes
                        approved by the Commissioner in a manner
                        compatible with practices for disclosing
                        National Center for Education Statistics
                        restricted-use survey data as in effect on the
                        day before the date of enactment of the College
                        Transparency Act, or by applying other research
                        and disclosure restrictions to ensure data
                        privacy and security. Such process shall be
                        approved by the National Center for Education
                        Statistics' Disclosure Review Board (or
                        successor body).
                            ``(ii) Providing data reports and queries
                        to institutions and states.--
                                    ``(I) In general.--The Commissioner
                                shall provide feedback reports, at
                                least annually, to each institution of
                                higher education, each postsecondary
                                education system that fully
                                participates in the postsecondary
                                student data system, and each State
                                higher education body as designated by
                                the governor.
                                    ``(II) Feedback reports.--The
                                feedback reports provided under this
                                clause shall include program-level and
                                institution-level information from the
                                postsecondary student data system
                                regarding students who are associated
                                with the institution or, for State
                                representatives, the institutions
                                within that State, on or before the
                                date of the report, on measures
                                including student mobility and
                                workforce outcomes, provided that the
                                feedback aggregate summary reports
                                protect the privacy of individuals.
                                    ``(III) Determination of content.--
                                The content of the feedback reports
                                shall be determined by the Commissioner
                                in consultation with the Advisory
                                Committee.
                            ``(iii) Permitting state data queries.--The
                        Commissioner shall, in consultation with the
                        Advisory Committee and as soon as practicable,
                        create a process through which States may
                        submit lists of secondary school graduates
                        within the State to receive summary aggregate
                        outcomes for those students who enrolled at an
                        institution of higher education, including
                        postsecondary enrollment and college
                        completion, provided that those data protect
                        the privacy of individuals and that the State
                        data submitted to the Commissioner are not
                        stored in the postsecondary education system.
                            ``(iv) Regulations.--The Commissioner shall
                        promulgate regulations to ensure fair, secure
                        and privacy-protected, and equitable access to
                        data reports and queries under this paragraph.
                    ``(B) Disclosure limitations.--In carrying out the
                public reporting and disclosure requirements of this
                subsection, the Commissioner shall use appropriate
                statistical disclosure limitation techniques necessary
                to ensure that the data released to the public cannot
                include personally identifiable information or be used
                to identify specific individuals.
                    ``(C) Sale of data prohibited.--Data collected
                under this subsection, including the public-use data
                set and data comprising the summary aggregate
                information available under paragraph (4), shall not be
                sold to any third party by the Commissioner, including
                any institution of higher education or any other
                entity.
                    ``(D) Limitation on use by other federal
                agencies.--
                            ``(i) In general.--The Commissioner shall
                        not allow any other Federal agency to use data
                        collected under this subsection for any purpose
                        except--
                                    ``(I) for vetted research and
                                evaluation conducted by the other
                                Federal agency, as described in
                                subparagraph (A)(i); or
                                    ``(II) for a purpose explicitly
                                authorized by this Act.
                            ``(ii) Prohibition on limitation of
                        services.--The Secretary, or the head of any
                        other Federal agency, shall not use data
                        collected under this subsection to limit
                        services to students.
                    ``(E) Law enforcement.--Personally identifiable
                information collected under this subsection shall not
                be used for any Federal, State, or local law
                enforcement activity or any other activity that would
                result in adverse action against any student or a
                student's family, including debt collection activity or
                enforcement of immigration laws.
                    ``(F) Limitation of use for federal rankings or
                summative rating system.--The comprehensive data
                collection and analysis necessary for the postsecondary
                student data system under this subsection shall not be
                used by the Secretary or any Federal entity to
                establish any Federal ranking system of institutions of
                higher education or a system that results in a
                summative Federal rating of institutions of higher
                education.
                    ``(G) Rule of construction.--Nothing in this
                paragraph shall be construed to prevent the use of
                individual categories of aggregate information to be
                used for accountability purposes.
                    ``(H) Rule of construction regarding commercial use
                of data.--Nothing in this paragraph shall be construed
                to prohibit third-party entities from using publicly
                available information in this data system for
                commercial use.
            ``(6) Submission of data.--
                    ``(A) Required submission.--Each institution of
                higher education participating in a program under title
                IV, or the assigned agent of such institution, shall,
                for each eligible program, in accordance with section
                487(a)(17), collect, and submit to the Commissioner,
                the data requested by the Commissioner to carry out
                this subsection.
                    ``(B) Voluntary submission.--Any institution of
                higher education not participating in a program under
                title IV may voluntarily participate in the
                postsecondary student data system under this subsection
                by collecting and submitting data to the Commissioner,
                as the Commissioner may request to carry out this
                subsection.
                    ``(C) Personally identifiable information.--In
                accordance with paragraph (2)(C)(i), if the submission
                of an element of student-level data is prohibited under
                paragraph (2)(F) (or otherwise prohibited by law), the
                institution of higher education shall submit that data
                to the Commissioner in the aggregate.
            ``(7) Unlawful willful disclosure.--
                    ``(A) In general.--It shall be unlawful for any
                person who obtains or has access to personally
                identifiable information in connection with the
                postsecondary student data system described in this
                subsection to willfully disclose to any person (except
                as authorized in this Act or by any Federal law) such
                personally identifiable information.
                    ``(B) Penalty.--Any person who violates
                subparagraph (A) shall be subject to a penalty
                described under section 3572(f) of title 44, United
                States Code, and section 183(d)(6) of the Education
                Sciences Reform Act of 2002 (20 U.S.C. 9573(d)(6)).
                    ``(C) Employee or officer of the united states.--If
                a violation of subparagraph (A) is committed by any
                officer or employee of the United States, the officer
                or employee shall be dismissed from office or
                discharged from employment upon conviction for the
                violation.
            ``(8) Data security.--The Commissioner shall produce and
        update as needed guidance and regulations relating to privacy,
        security, and access which shall govern the use and disclosure
        of data collected in connection with the activities authorized
        in this subsection. The guidance and regulations developed and
        reviewed shall protect data from unauthorized access, use, and
        disclosure, and shall include--
                    ``(A) an audit capability, including mandatory and
                regularly conducted audits;
                    ``(B) access controls;
                    ``(C) requirements to ensure sufficient data
                security, quality, validity, and reliability;
                    ``(D) confidentiality protection in accordance with
                the applicable provisions of subchapter III of chapter
                35 of title 44, United States Code;
                    ``(E) appropriate and applicable privacy and
                security protection, including data retention and
                destruction protocols and data minimization, in
                accordance with the most recent Federal standards
                developed by the National Institute of Standards and
                Technology; and
                    ``(F) protocols for managing a breach, including
                breach notifications, in accordance with the standards
                of National Center for Education Statistics.
            ``(9) Data collection.--The Commissioner shall ensure that
        data collection, maintenance, and use under this subsection
        complies with section 552a of title 5, United States Code.
            ``(10) Definitions.--In this subsection:
                    ``(A) Institution of higher education.--The term
                `institution of higher education' has the meaning given
                the term in section 102.
                    ``(B) Minority-serving institution.--The term
                `minority-serving institution' means an institution of
                higher education listed in section 371(a).
                    ``(C) Personally identifiable information.--The
                term `personally identifiable information' means
                personally identifiable information within the meaning
                of section 444 of the General Education Provisions
                Act.''.

SEC. 3. REPEAL OF PROHIBITION ON STUDENT DATA SYSTEM.

    Section 134 of the Higher Education Act of 1965 (20 U.S.C. 1015c)
is repealed.

SEC. 4. INSTITUTIONAL REQUIREMENTS.

    (a) In General.--Paragraph (17) of section 487(a) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)) is amended to read as
follows:
            ``(17) The institution or the assigned agent of the
        institution will collect and submit data to the Commissioner
        for Education Statistics in accordance with section 132(l), the
        nonstudent related surveys within the Integrated Postsecondary
        Education Data System (IPEDS), or any other Federal institution
        of higher education data collection effort (as designated by
        the Secretary), in a timely manner and to the satisfaction of
        the Secretary.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 4 years after the date of enactment of
this Act.

SEC. 5. TRANSITION PROVISIONS.

    The Secretary of Education and the Commissioner for Education
Statistics shall take such steps as are necessary to ensure that the
development and maintenance of the postsecondary student data system
required under section 132(l) of the Higher Education Act of 1965, as
added by section 2 of this Act, occurs in a manner that reduces the
reporting burden for entities that reported into the Integrated
Postsecondary Education Data System (IPEDS).
                                 <all>

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Status

In Committee

  1. 1Introduced
  2. 2Committee
  3. 3Floor
  4. 4Passed
  5. 5Signed

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