[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2511 Reported in Senate (RS)]
<DOC>
Calendar No. 537
119th CONGRESS
2d 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, Mr. Warnock, Mr. Husted, Mr. Scott of South Carolina, Mr.
Banks, and Mr. Lujan) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
August 4, 2026
Reported by Mr. Cassidy, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``College Transparency
Act''.</DELETED>
<DELETED>SEC. 2. POSTSECONDARY STUDENT DATA SYSTEM.</DELETED>
<DELETED> Section 132 of the Higher Education Act of 1965 (20 U.S.C.
1015a) is amended--</DELETED>
<DELETED> (1) by redesignating subsection (l) as subsection
(m); and</DELETED>
<DELETED> (2) by inserting after subsection (k) the
following:</DELETED>
<DELETED> ``(l) Postsecondary Student Data System.--</DELETED>
<DELETED> ``(1) In general.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) accurately evaluate student
enrollment patterns, progression, completion,
and postcollegiate outcomes, and higher
education costs and financial aid;</DELETED>
<DELETED> ``(ii) assist with transparency,
institutional improvement, and analysis of
Federal aid programs;</DELETED>
<DELETED> ``(iii) provide accurate,
complete, and customizable information for
students and families making decisions about
postsecondary education; and</DELETED>
<DELETED> ``(iv) reduce the reporting burden
on institutions of higher education, in
accordance with section 5 of the College
Transparency Act.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Development process.--In developing
the postsecondary student data system described in this
subsection, the Commissioner shall--</DELETED>
<DELETED> ``(i) focus on the needs of--
</DELETED>
<DELETED> ``(I) users of the data
system; and</DELETED>
<DELETED> ``(II) entities, including
institutions of higher education,
reporting to the data system;</DELETED>
<DELETED> ``(ii) take into consideration, to
the extent practicable--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) the relevant
successor documents or recommendations
of such guidelines;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(iv) ensure data privacy and
security is consistent with any relevant
Federal law relating to privacy or data
security, including--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(vi) provide notice to students
outlining the data included in the system and
how the data are used.</DELETED>
<DELETED> ``(2) Data elements.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(i) the data elements to be
included in the postsecondary student data
system, in accordance with subparagraphs (C)
and (D); and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Postsecondary student data system
advisory committee.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) the Chief Privacy
Officer of the Department or an
official of the Department delegated
the duties of overseeing data privacy
at the Department;</DELETED>
<DELETED> ``(II) the Chief Security
Officer of the Department or an
official of the Department delegated
the duties of overseeing data security
at the Department;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(IV) representatives
from State higher education agencies,
entities, bodies, or boards;</DELETED>
<DELETED> ``(V) representatives of
postsecondary students;</DELETED>
<DELETED> ``(VI) representatives
from relevant Federal
agencies;</DELETED>
<DELETED> ``(VII) individuals with
expertise in data privacy and security;
and</DELETED>
<DELETED> ``(VIII) other
stakeholders (including individuals
with consumer protection and
postsecondary education
research).</DELETED>
<DELETED> ``(ii) Requirements.--The
Commissioner shall ensure that the Advisory
Committee--</DELETED>
<DELETED> ``(I) adheres to all
requirements under chapter 10 of title
5, United States Code (commonly known
as the `Federal Advisory Committee
Act');</DELETED>
<DELETED> ``(II) establishes
operating and meeting procedures and
guidelines necessary to execute its
advisory duties; and</DELETED>
<DELETED> ``(III) is provided with
appropriate staffing and resources to
execute its advisory duties.</DELETED>
<DELETED> ``(C) Required data elements.--The data
elements in the postsecondary student data system shall
include, at a minimum, the following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(I) Enrollment status as
a first-time student, recent transfer
student, or other non-first-time
student.</DELETED>
<DELETED> ``(II) Attendance
intensity, whether full-time or part-
time.</DELETED>
<DELETED> ``(III) Credential-seeking
status, by credential level.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(V) Age
intervals.</DELETED>
<DELETED> ``(VI) Gender.</DELETED>
<DELETED> ``(VII) Program of study
(as applicable).</DELETED>
<DELETED> ``(VIII) Military or
veteran benefit status (as determined
based on receipt of veteran's education
benefits, as defined in section
480(c)).</DELETED>
<DELETED> ``(IX) Status as a
distance education student, whether
exclusively or partially enrolled in
distance education.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(D) Other data elements.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) are necessary to
ensure that the postsecondary data
system fulfills the purposes described
in paragraph (1)(A); and</DELETED>
<DELETED> ``(II) are consistent with
data minimization principles, including
the collection of only those additional
elements that are necessary to ensure
such purposes.</DELETED>
<DELETED> ``(ii) Data elements.--The data
elements described in clause (i) may include--
</DELETED>
<DELETED> ``(I) status as a first
generation college student, as defined
in section 402A(h);</DELETED>
<DELETED> ``(II) economic
status;</DELETED>
<DELETED> ``(III) participation in
postsecondary remedial coursework or
gateway course completion; or</DELETED>
<DELETED> ``(IV) other data elements
that are necessary in accordance with
clause (i).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Periodic matching with other federal data
systems.--</DELETED>
<DELETED> ``(A) Data sharing agreements.--</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(II) The Secretary of
Defense, in order to assess the use of
postsecondary educational benefits and
the outcomes of
servicemembers.</DELETED>
<DELETED> ``(III) The Secretary of
Veterans Affairs, in order to assess
the use of postsecondary educational
benefits and outcomes of
veterans.</DELETED>
<DELETED> ``(IV) The Director of the
Bureau of the Census, in order to
assess the earnings outcomes of former
postsecondary education
students.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(VI) The Commissioner of
the Social Security Administration, in
order to evaluate labor market outcomes
of former postsecondary education
students.</DELETED>
<DELETED> ``(VII) The Commissioner
of the Bureau of Labor Statistics, in
order to assess the wages of former
postsecondary education
students.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(i) Enrollment, retention,
transfer, and completion outcomes for all
postsecondary students.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(iii) Post-completion outcomes
for all postsecondary students, including
earnings, employment, and further education, by
program of study and credential level and as
measured--</DELETED>
<DELETED> ``(I) immediately after
leaving postsecondary education;
and</DELETED>
<DELETED> ``(II) at time intervals
appropriate to the credential sought
and earned.</DELETED>
<DELETED> ``(C) Periodic data match streamlining and
confidentiality.--</DELETED>
<DELETED> ``(i) Streamlining.--In carrying
out the secure and privacy-protected periodic
data matches under this paragraph, the
Commissioner shall--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) seek to--</DELETED>
<DELETED> ``(aa) streamline
the data collection and
reporting requirements for
institutions of higher
education;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(cc) protect
student privacy; and</DELETED>
<DELETED> ``(dd) streamline
the application process for
student loan benefit programs
available to borrowers based on
data available from different
Federal data systems.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) complies with the
security and privacy protections
described in paragraph (1)(C)(iv) and
other Federal data protection
protocols;</DELETED>
<DELETED> ``(II) follows industry
best practices commensurate with the
sensitivity of specific data elements
or metrics;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(IV) discloses to
postsecondary students what data are
included in the data system and
periodically matched and how the data
are used.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Publicly available information.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) provides appropriate
mechanisms for users to customize and filter
information by institutional and student
characteristics;</DELETED>
<DELETED> ``(ii) allows users to build
summary aggregate reports of information,
including reports that allow comparisons across
multiple institutions and programs, subject to
subparagraph (B);</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(B) No personally identifiable
information available.--The summary aggregate
information described in this paragraph shall not
include personally identifiable information.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(i) Measures of student access,
including--</DELETED>
<DELETED> ``(I) admissions
selectivity and yield; and</DELETED>
<DELETED> ``(II) enrollment,
disaggregated by each category
described in paragraph
(2)(C)(ii).</DELETED>
<DELETED> ``(ii) Measures of student
progression, including retention rates and
persistence rates, disaggregated by each
category described in paragraph
(2)(C)(ii).</DELETED>
<DELETED> ``(iii) Measures of student
completion, including--</DELETED>
<DELETED> ``(I) transfer rates and
completion rates, disaggregated by each
category described in paragraph
(2)(C)(ii); and</DELETED>
<DELETED> ``(II) number of
completions, disaggregated by each
category described in paragraph
(2)(C)(ii).</DELETED>
<DELETED> ``(iv) Measures of student costs,
including--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) be disaggregated by
each category described in paragraph
(2)(C)(ii) and completion status;
and</DELETED>
<DELETED> ``(II) be measured
immediately after leaving postsecondary
education and at time intervals
appropriate to the credential sought or
earned.</DELETED>
<DELETED> ``(D) Development criteria.--In developing
the method and format of making the information
described in this paragraph publicly available, the
Commissioner shall--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(v) conduct consumer testing to
determine how to make the information as
meaningful to users as possible.</DELETED>
<DELETED> ``(5) Permissible disclosures of data.--</DELETED>
<DELETED> ``(A) Data reports and queries.--
</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(ii) Providing data reports and
queries to institutions and states.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(III) Determination of
content.--The content of the feedback
reports shall be determined by the
Commissioner in consultation with the
Advisory Committee.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(D) Limitation on use by other federal
agencies.--</DELETED>
<DELETED> ``(i) In general.--The
Commissioner shall not allow any other Federal
agency to use data collected under this
subsection for any purpose except--</DELETED>
<DELETED> ``(I) for vetted research
and evaluation conducted by the other
Federal agency, as described in
subparagraph (A)(i); or</DELETED>
<DELETED> ``(II) for a purpose
explicitly authorized by this
Act.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(6) Submission of data.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(7) Unlawful willful disclosure.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) an audit capability, including
mandatory and regularly conducted audits;</DELETED>
<DELETED> ``(B) access controls;</DELETED>
<DELETED> ``(C) requirements to ensure sufficient
data security, quality, validity, and
reliability;</DELETED>
<DELETED> ``(D) confidentiality protection in
accordance with the applicable provisions of subchapter
III of chapter 35 of title 44, United States
Code;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(F) protocols for managing a breach,
including breach notifications, in accordance with the
standards of National Center for Education
Statistics.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(10) Definitions.--In this subsection:</DELETED>
<DELETED> ``(A) Institution of higher education.--
The term `institution of higher education' has the
meaning given the term in section 102.</DELETED>
<DELETED> ``(B) Minority-serving institution.--The
term `minority-serving institution' means an
institution of higher education listed in section
371(a).</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 3. REPEAL OF PROHIBITION ON STUDENT DATA
SYSTEM.</DELETED>
<DELETED> Section 134 of the Higher Education Act of 1965 (20 U.S.C.
1015c) is repealed.</DELETED>
<DELETED>SEC. 4. INSTITUTIONAL REQUIREMENTS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 5. TRANSITION PROVISIONS.</DELETED>
<DELETED> 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).</DELETED>
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 5
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 5 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 eligible workforce
programs under section 481(b)(3), 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 veterans' 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 (including
status as a recipient of a Workforce
Pell Grant under section 401(k)) 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) In general.--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) Ensuring secure data matches.--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 and in
a manner that protects each student's
personally identifiable information, shall--
``(I) provide dedicated and
adequate staffing to field and respond
to inquiries from students who--
``(aa) request access to
their personal information for
inspection; and
``(bb) request corrections
to inaccuracies; and
``(II) 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;
``(v) conduct biannual consumer testing to
determine how to make the information as
meaningful to users as possible, and conduct
consumer testing with prospective first
generation college students, representatives of
students (including low-income students,
English learners, first generation college
students, adult students, veterans,
servicemembers, and prospective students),
students' families (including low-income
families, families with English learners,
families with first generation college
students, and families with prospective
students), institutions of higher education,
secondary school and postsecondary counselors,
and nonprofit consumer groups; and
``(vi) ensure the information is available
in formats accessible to individuals with
disabilities and compliant with the most recent
Web Content Accessibility Guidelines, or
successor guidelines.
``(5) Permissible disclosures of data.--
``(A) Data reports and queries.--
``(i) In general.--
``(I) Student-level data.--Not
later than 5 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 data, provided only in accordance
with subclause (II), 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) Restrictions.--The student-
level data described in subclause (I)--
``(aa) shall be non-
personally identifiable
information with direct
identifiers removed; and
``(bb) shall not include--
``(AA) individual
health data (including
data relating to
physical health or
mental health);
``(BB) student
discipline records or
data;
``(CC) elementary
or secondary education
data;
``(DD) an exact
address;
``(EE) citizenship
status, migrant status,
or national origin
status for students or
their families; or
``(FF) course
grades, postsecondary
entrance examination
results, political
affiliation, or
religion.
``(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 5 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).
SEC. 6. IMPLEMENTATION PROVISIONS.
The Secretary of Education and the Commissioner for Education
Statistics shall--
(1) provide dedicated and adequate staffing at the
Department of Education to implement the requirements of this
Act and the amendments made by this Act; and
(2) report to the Committee on Health, Education, Labor,
and Pensions and the Committee on Appropriations of the Senate
and the Committee on Education and Workforce and the Committee
on Appropriations of the House of Representatives, on a
quarterly basis, on the progress of implementing the
requirements of this Act and the amendments made by this Act,
which shall include--
(A) information on the staffing described in
paragraph (1), the development of privacy protection
procedures as required by this Act and the amendments
made by this Act, the establishment of the
Postsecondary Student Data System Advisory Committee,
the development of publicly available information under
section 132(l)(4) of the Higher Education Act of 1965
(20 U.S.C. 1015a(l)(4) (as added by this Act)), and
communications to institutions of higher education (as
defined in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002)) regarding data collection; and
(B) other such information relating to the
implementation of requirements under this Act and the
amendments made by this Act.
Calendar No. 537
119th CONGRESS
2d Session
S. 2511
_______________________________________________________________________
A BILL
To establish a postsecondary student data system.
_______________________________________________________________________
August 4, 2026
Reported with an amendment