[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5698-S5701]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6164. Ms. WARREN (for herself and Mr. Cassidy) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. POSTSECONDARY STUDENT DATA SYSTEM.

       (a) Short Title.--This section may be cited as the 
     ``College Transparency Act''.
       (b) 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, 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 __(b) 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, may 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 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;

[[Page S5699]]

       ``(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; and
       ``(VII) other stakeholders (including individuals with 
     expertise in data privacy and security, consumer protection, 
     and postsecondary education research).

       ``(ii) Requirements.--The Commissioner shall ensure that 
     the Advisory Committee--

       ``(I) adheres to all requirements under the Federal 
     Advisory Committee Act (5 U.S.C. App.);
       ``(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, 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, periodic data matches 
     as described in this paragraph.
       ``(B) Categories of data.--The Commissioner shall, at a 
     minimum, seek to ensure that the secure periodic data system 
     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 periodic 
     data system 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

[[Page S5700]]

     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 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 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.--

[[Page S5701]]

       ``(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.''.
       (c) Repeal of Prohibition on Student Data System.--Section 
     134 of the Higher Education Act of 1965 (20 U.S.C. 1015c) is 
     repealed.
       (d) Institutional Requirements.--
       (1) 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.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date that is 4 years after the date 
     of enactment of this Act.
       (e) 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 subsection (b) of this section, occurs in a manner 
     that reduces the reporting burden for entities that reported 
     into the Integrated Postsecondary Education Data System 
     (IPEDS).
                                 ______