II 

115TH CONGRESS 

1ST SESSION S. 1121 

To establish a postsecondary student data system. 

IN THE SENATE OF THE UNITED STATES 

MAY 15, 2017 

Mr. HATCH (for himself, Ms. WARREN, Mr. CASSIDY, and Mr. WHITEHOUSE) 

introduced the following bill; which was read twice and referred to the 

Committee on Health, Education, Labor, and Pensions 

A BILL 

To establish a postsecondary student data system. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘College Transparency 

5 Act’’. 

6 SEC. 2. POSTSECONDARY STUDENT DATA SYSTEM. 

7 (a) IN GENERAL.—Section 132 of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1015a) is amended— 

9 (1) by redesignating subsection (l) as subsection 

10 (m); and 


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1 (2) by inserting after subsection (k) the fol2 lowing: 

3 ‘‘(l) POSTSECONDARY STUDENT DATA SYSTEM.— 

4 ‘‘(1) IN GENERAL.— 

5 ‘‘(A) ESTABLISHMENT OF SYSTEM.—The 

6 Commissioner for Education Statistics (referred 

7 to in this subsection as the ‘Commissioner’) 

8 shall develop and maintain a secure, privacy9 protected postsecondary student data system in 

10 order to— 

11 ‘‘(i) accurately evaluate student en12 rollment patterns, progression, completion, 

13 and postcollegiate outcomes, and higher 

14 education costs and financial aid at the 

15 student level; 

16 ‘‘(ii) assist with transparency, institu17 tional improvement, and analysis of Fed18 eral aid programs; 

19 ‘‘(iii) provide more accurate, complete, 

20 and customizable information for students 

21 and families making decisions about post22 secondary education; and 

23 ‘‘(iv) reduce the reporting burden on 

24 institutions of higher education postsecVerDate Sep 11 2014 03:12 May 16, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1121.IS S1121

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1 ondary institutions, in accordance with sec2 tion 5(b) of the College Transparency Act. 

3 ‘‘(B) AVOIDING DUPLICATED REPORT4 ING.—Notwithstanding any other provision of 

5 this section, to the extent that another provi6 sion of this section requires the same reporting 

7 or collection of data that is required under this 

8 subsection, a postsecondary institution, or the 

9 Secretary or Commissioner, may use the report10 ing or data required for the postsecondary stu11 dent data system under this subsection to sat12 isfy both requirements. 

13 ‘‘(C) DEVELOPMENT PROCESS.—In devel14 oping the postsecondary student data system 

15 described in this subsection, the Commissioner 

16 shall— 

17 ‘‘(i) focus on the needs of— 

18 ‘‘(I) users of the data system; 

19 and 

20 ‘‘(II) entities, including postsec21 ondary institutions, reporting to the 

22 data system; 

23 ‘‘(ii) take into consideration, to the 

24 extent practicable— 


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1 ‘‘(I) the guidelines outlined in the 

2 U.S. Web Design Standards main3 tained by the General Services Admin4 istration and the Digital Services 

5 Playbook and TechFAR Handbook for 

6 Procuring Digital Services Using 

7 Agile Processes of the U.S. Digital 

8 Service; and 

9 ‘‘(II) the relevant successor docu10 ments or recommendations of such 

11 guidelines; 

12 ‘‘(iii) use modern, relevant technology 

13 and enhance and update the data system 

14 as necessary to carry out the purpose of 

15 this subsection; and 

16 ‘‘(iv) ensure data privacy and security 

17 in accordance with the most recent Federal 

18 standards developed by the National Insti19 tute of Standards and Technology. 

20 ‘‘(2) DATA ELEMENTS.— 

21 ‘‘(A) IN GENERAL.—The Commissioner, 

22 after consultation with postsecondary institu23 tions (including institutions of higher edu24 cation) and other stakeholders (including indi25 viduals with expertise in data privacy and secuVerDate Sep 11 2014 03:12 May 16, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1121.IS S1121

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1 rity, and in consumer protection), shall deter2 mine— 

3 ‘‘(i) the data elements to be included 

4 in the postsecondary student data system, 

5 in accordance with subparagraphs (B) and 

6 (C); and 

7 ‘‘(ii) how to include the data elements 

8 required under subparagraph (B), and any 

9 additional data elements selected under 

10 subparagraph (C), in the postsecondary 

11 student data system. 

12 ‘‘(B) REQUIRED DATA ELEMENTS.—Such 

13 data elements shall include, at a minimum, the 

14 following: 

15 ‘‘(i) Student-level data elements nec16 essary to calculate the information within 

17 the student-related surveys in the Inte18 grated Postsecondary Education Data Sys19 tem (IPEDS), as such surveys are in effect 

20 on the day before the date of enactment of 

21 the College Transparency Act. 

22 ‘‘(ii) Student-level data elements nec23 essary to allow for reporting student en24 rollment, persistence, retention, transfer, 

25 and completion measures for all credential 


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1 levels (including certificate and associate, 

2 baccalaureate, and advanced degree levels), 

3 within and across postsecondary institu4 tions (including across all categories of in5 stitution level and control). The data ele6 ments shall allow for reporting about all 

7 such data disaggregated by the following 

8 categories: 

9 ‘‘(I) Enrollment status as a first10 time student. 

11 ‘‘(II) Attendance intensity, 

12 whether full-time or part-time. 

13 ‘‘(III) Credential-seeking status, 

14 by credential level. 

15 ‘‘(IV) Race or ethnicity. 

16 ‘‘(V) Age intervals. 

17 ‘‘(VI) Gender. 

18 ‘‘(VII) Program of study (as ap19 plicable). 

20 ‘‘(VIII) Military or veteran status 

21 (as determined based on receipt of 

22 veteran’s education benefits, as de23 fined in section 480(c)). 

24 ‘‘(IX) Status as a postsecondary 

25 athlete. 


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1 ‘‘(X) Federal Pell Grant recipient 

2 status. 

3 ‘‘(C) OTHER DATA ELEMENTS.—The Com4 missioner may, after consultation with postsec5 ondary institutions (including institutions of 

6 higher education) and other stakeholders (in7 cluding individuals with expertise in data pri8 vacy and security, and in consumer protection), 

9 make a determination to promulgate regulations 

10 to include additional data elements in the post11 secondary student data system, which may in12 clude first generation status, economic status, 

13 remedial coursework, or gateway course comple14 tion. 

15 ‘‘(D) REEVALUATION.—Not less than once 

16 every 5 years after the implementation of the 

17 postsecondary student data system described in 

18 this subsection, the Commissioner, in consulta19 tion with postsecondary institutions (including 

20 institutions of higher education), and other 

21 stakeholders, shall review the data elements in22 cluded in the postsecondary student data sys23 tem and may revise the determination of data 

24 elements to be included in such system. 


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1 ‘‘(E) PROHIBITIONS.—The Commissioner 

2 shall not include health data, student discipline 

3 records or data, elementary and secondary edu4 cation data, exact address, citizenship or na5 tional origin status, course grades, individual 

6 postsecondary entrance examination results, po7 litical affiliation, or religion in the postsec8 ondary student data system under this sub9 section. 

10 ‘‘(3) LINKING WITH OTHER FEDERAL DATA

11 SYSTEMS.— 

12 ‘‘(A) IN GENERAL.—The Commissioner 

13 shall coordinate, and enter into sharing agree14 ments, with other Federal agencies to create se15 cure linkages with relevant Federal data sys16 tems, including data systems of the Office of 

17 Federal Student Aid, the Department of the 

18 Treasury, the Department of Defense, the De19 partment of Veterans Affairs, the Social Secu20 rity Administration, and the Bureau of the Cen21 sus. 

22 ‘‘(B) CATEGORIES OF DATA.—The Com23 missioner shall, at a minimum, seek to ensure 

24 that the secure data system linkages described 

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1 ing of the following categories of data for all 

2 students, including students receiving Federal 

3 grants and loans and students receiving vet4 eran’s education benefits, as defined in section 

5 480(c). 

6 ‘‘(i) Enrollment, retention, transfer, 

7 and completion outcomes for all students. 

8 ‘‘(ii) Financial indicators for students 

9 receiving Federal grants and loans, includ10 ing grant and loan aid by source, cumu11 lative student debt, loan repayment status, 

12 and repayment plan. 

13 ‘‘(iii) Post-collegiate outcomes for all 

14 students, including earnings, employment, 

15 and further education, by program of 

16 study and credential level and as meas17 ured— 

18 ‘‘(I) immediately after leaving 

19 postsecondary education; and 

20 ‘‘(II) at later time intervals ap21 propriate to the credential sought and 

22 earned. 

23 ‘‘(C) DATA LINKAGE STREAMLINING AND

24 CONFIDENTIALITY.— 


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1 ‘‘(i) STREAMLINING.—In creating the 

2 secure data system linkages described in 

3 this paragraph, the Commissioner shall— 

4 ‘‘(I) ensure that the linkages are 

5 not always connected, but occur at ap6 propriate intervals, as determined by 

7 the Commissioner; and 

8 ‘‘(II) seek to— 

9 ‘‘(aa) streamline the data 

10 collection and reporting require11 ments for postsecondary institu12 tions; 

13 ‘‘(bb) minimize duplicate re14 porting across or within Federal 

15 agencies or departments, includ16 ing reporting requirements appli17 cable to postsecondary institu18 tions under the Workforce Inno19 vation and Opportunity Act (29 

20 U.S.C. 3101 et seq.); 

21 ‘‘(cc) protect student pri22 vacy; and 

23 ‘‘(dd) streamline the applica24 tion process for student loan ben25 efit programs available to borVerDate Sep 11 2014 03:12 May 16, 2017 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1121.IS S1121

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1 rowers based on data available 

2 from different Federal data sys3 tems. 

4 ‘‘(ii) REVIEW.—Not less often than 

5 once every 5 years after the establishment 

6 of the postsecondary student data system 

7 under this subsection, the Commissioner 

8 shall review methods for streamlining data 

9 collection from postsecondary institutions 

10 and minimizing duplicative reporting with11 in the Department of Education and 

12 across Federal agencies that provide data 

13 for the postsecondary student data system. 

14 ‘‘(iii) CONFIDENTIALITY.—The Com15 missioner shall ensure that any linking or 

16 sharing of data through data system link17 ages established in accordance with this 

18 paragraph— 

19 ‘‘(I) complies with the security 

20 and privacy protections described in 

21 this subsection and other Federal data 

22 protection protocols; 

23 ‘‘(II) follows industry best prac24 tices commensurate with the sensiVerDate Sep 11 2014 03:12 May 16, 2017 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1121.IS S1121

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1 tivity of specific data elements or 

2 metrics; and 

3 ‘‘(III) does not result in the cre4 ation of a single Federal database at 

5 the Department of Education that 

6 maintains the information reported 

7 across other Federal agencies. 

8 ‘‘(4) PUBLICLY AVAILABLE INFORMATION.— 

9 ‘‘(A) IN GENERAL.—The Commissioner 

10 shall make the summary aggregate information 

11 described in subparagraph (C), at a minimum, 

12 publicly available through a user-friendly con13 sumer information website that— 

14 ‘‘(i) provides appropriate mechanisms 

15 for users to customize and filter informa16 tion by institutional and student character17 istics; 

18 ‘‘(ii) allows users to build summary 

19 aggregate reports of information, subject 

20 to subparagraph (B); and 

21 ‘‘(iii) uses appropriate statistical dis22 closure limitation techniques necessary to 

23 ensure that the data released to the public 

24 cannot be used to identify specific individ25 uals. 


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1 ‘‘(B) NO PERSONALLY IDENTIFIABLE IN2 FORMATION AVAILABLE.—The summary aggre3 gate information described in this paragraph 

4 shall not include personally identifiable informa5 tion. 

6 ‘‘(C) INFORMATION AVAILABLE.—The 

7 summary aggregate information described in 

8 this paragraph shall, at a minimum, include 

9 each of the following for each postsecondary in10 stitution: 

11 ‘‘(i) Measures of student access, in12 cluding— 

13 ‘‘(I) admissions selectivity and 

14 yield; and 

15 ‘‘(II) enrollment, disaggregated 

16 by each category described in para17 graph (2)(B)(ii), Federal grant recipi18 ent status, and Federal loan recipient 

19 status. 

20 ‘‘(ii) Measures of student progression, 

21 including retention rates and persistence 

22 rates, disaggregated by each category de23 scribed in paragraph (2)(B)(ii), Federal 

24 grant recipient status, and Federal loan re25 cipient status. 


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1 ‘‘(iii) Measures of student completion, 

2 including— 

3 ‘‘(I) transfer rates and comple4 tion rates, disaggregated by each cat5 egory described in paragraph 

6 (2)(B)(ii), Federal grant recipient sta7 tus, and Federal loan recipient status; 

8 and 

9 ‘‘(II) number of completions, 

10 disaggregated by each category de11 scribed in paragraph (2)(B)(ii), Fed12 eral grant recipient status, and Fed13 eral loan recipient status. 

14 ‘‘(iv) Measures of student costs, in15 cluding— 

16 ‘‘(I) tuition, required fees, total 

17 cost of attendance, and net price after 

18 total grant aid, disaggregated by in19 State tuition or in-district tuition sta20 tus (if applicable), program of study 

21 (if applicable), and credential level; 

22 and 

23 ‘‘(II) typical grant amounts and 

24 loan amounts received by students re25 ported separately from Federal, State, 


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1 local, and institutional sources, and 

2 cumulative debt, disaggregated by 

3 each category described in paragraph 

4 (2)(B)(ii) and completion status. 

5 ‘‘(v) Measures of post-collegiate stu6 dent outcomes, including employment 

7 rates, median earnings, loan repayment 

8 and default rates, and further education 

9 rates. These measures shall— 

10 ‘‘(I) be disaggregated by each 

11 category described in paragraph 

12 (2)(B)(ii) and completion status; and 

13 ‘‘(II) be measured immediately 

14 after leaving postsecondary education 

15 and at time intervals appropriate to 

16 the credential sought or earned. 

17 ‘‘(D) DEVELOPMENT CRITERIA.—In devel18 oping the method and format of making the in19 formation described in this paragraph publicly 

20 available, the Commissioner shall— 

21 ‘‘(i) focus on the need of the users of 

22 the information, which are students, poten23 tial students, researchers, and other con24 sumers of education data; 


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1 ‘‘(ii) take into consideration, to the 

2 extent practicable, the guidelines described 

3 in paragraph (1)(C)(ii)(I), and relevant 

4 successor documents or recommendations 

5 of such guidelines; 

6 ‘‘(iii) use modern, relevant technology 

7 and enhance and update the postsecondary 

8 student data system with information, as 

9 necessary to carry out the purpose of this 

10 paragraph; and 

11 ‘‘(iv) ensure data privacy and security 

12 for the information in accordance with the 

13 most recent Federal standards developed 

14 by the National Institute of Standards and 

15 Technology. 

16 ‘‘(5) PERMISSIBLE DISCLOSURES OF DATA.— 

17 ‘‘(A) NONPUBLICLY AVAILABLE DATA.— 

18 ‘‘(i) IN GENERAL.—The Commissioner 

19 shall develop and implement a secure proc20 ess for making student-level, non-person21 ally identifiable information from the post22 secondary student data system available 

23 for research and evaluation purposes ap24 proved by the Commissioner in a manner 

25 compatible with practices for disclosing 


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1 National Center for Education Statistics 

2 survey data as in effect on the day before 

3 the date of enactment of the College 

4 Transparency Act. 

5 ‘‘(ii) AVAILABILITY FOR INSTITU6 TIONAL IMPROVEMENT AND PROGRAM

7 EVALUATION.—The Commissioner shall 

8 create a process through which any post9 secondary institution, or postsecondary 

10 education system, that fully participates in 

11 the postsecondary student data system de12 scribed in this subsection may request and 

13 receive from the Commissioner non-person14 ally identifiable information, and aggregate 

15 summary data, related to students who 

16 have attended the institution or system, as 

17 applicable, for the purposes of institutional 

18 improvement and program evaluation. 

19 ‘‘(iii) PROVIDING DATA TO INSTITU20 TIONS.—The Commissioner shall provide, 

21 at least annually, each postsecondary insti22 tution that fully participates in the post23 secondary student data system under this 

24 subsection with a set of program-level, 

25 non-personally identifiable information 


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1 from the postsecondary student data sys2 tem for students currently or formerly as3 sociated with the institution that includes 

4 aggregated information from other Federal 

5 data sources included in the system. 

6 ‘‘(iv) PROVIDING DATA TO STATES.— 

7 The Commissioner shall create a process 

8 through which States may request and re9 ceive institution-level aggregate data out10 comes for postsecondary institutions lo11 cated in the State. 

12 ‘‘(v) REGULATIONS.—The Commis13 sioner shall promulgate regulations to en14 sure fair, secure, and equitable access to 

15 such data. 

16 ‘‘(B) DISCLOSURE LIMITATIONS.—In car17 rying out the public reporting and disclosure re18 quirements of this Act, the Commissioner shall 

19 use appropriate statistical disclosure limitation 

20 techniques necessary to ensure that the data re21 leased to the public cannot include personally 

22 identifiable information or be used to identify 

23 specific individuals. 

24 ‘‘(C) SALE OF DATA PROHIBITED.—Data 

25 collected under this subsection, including the 


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1 public use data set and data comprising the 

2 summary aggregate information available under 

3 paragraph (4), shall not be sold to any third 

4 party by the Commissioner, any postsecondary 

5 institution, or any other entity. 

6 ‘‘(D) LIMITATION ON USE BY OTHER FED7 ERAL AGENCIES.—The Commissioner shall not 

8 allow any other Federal agency to use data col9 lected under this subsection for any purpose ex10 cept as explicitly authorized by this Act. 

11 ‘‘(E) LAW ENFORCEMENT.—Personally 

12 identifiable information collected under this 

13 subsection shall not be used for any law en14 forcement activity or any other activity that 

15 would result in adverse action against any stu16 dent, including debt collection activity or en17 forcement of the immigration laws. 

18 ‘‘(F) LIMITATION OF USE FOR FEDERAL

19 RANKINGS OR SUMMATIVE RATING SYSTEM.— 

20 The comprehensive data collection and analysis 

21 necessary for the postsecondary student data 

22 system under this subsection shall not be used 

23 by the Secretary or any Federal entity to estab24 lish any Federal ranking system of postsec25 ondary institutions or a system that results in 


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1 a summative Federal rating of postsecondary 

2 institutions. 

3 ‘‘(G) RULE OF CONSTRUCTION.—Nothing 

4 in this paragraph shall be construed to prevent 

5 the use of individual categories of aggregate in6 formation to be used for accountability pur7 poses, such as for the calculation of the cohort 

8 default rate under section 435(m). 

9 ‘‘(6) SUBMISSION OF DATA.— 

10 ‘‘(A) REQUIRED SUBMISSION.—Each insti11 tution of higher education participating in a 

12 program under title IV, or the assigned agent 

13 of such institution, shall, in accordance with 

14 section 487(a)(17), collect, and submit to the 

15 Commissioner, the data requested by the Com16 missioner to carry out this subsection. 

17 ‘‘(B) VOLUNTARY SUBMISSION.—Any post18 secondary institution not participating in a pro19 gram under title IV may voluntarily participate 

20 in the postsecondary student data system under 

21 this subsection by collecting and submitting 

22 data to the Commissioner, as the Commissioner 

23 may request to carry out this subsection. 

24 ‘‘(7) UNLAWFUL WILLFUL DISCLOSURE.— 


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1 ‘‘(A) IN GENERAL.—It shall be unlawful 

2 for any person who obtains or has access to 

3 personally identifiable information in connection 

4 with the postsecondary student data system de5 scribed in this subsection to willfully disclose to 

6 any person (except as authorized in this Act or 

7 any Federal law) such personally identifiable in8 formation. 

9 ‘‘(B) PENALTY.—Any person who violates 

10 subparagraph (A) shall be fined not more than 

11 $5,000, imprisoned not more than 5 years, or 

12 both, together with the costs of prosecution. 

13 ‘‘(C) EMPLOYEE OF OFFICER OF THE

14 UNITED STATES.—If a violation of subpara15 graph (A) is committed by any officer or em16 ployee of the United States, the officer or em17 ployee shall be dismissed from office or dis18 charged from employment upon conviction for 

19 the violation. 

20 ‘‘(8) DATA SECURITY.—The Commissioner shall 

21 produce and update as needed guidance and regula22 tions relating to privacy, security, and access which 

23 shall govern the use and disclosure of data collected 

24 in connection with the activities authorized in this 

25 subsection. The guidance and regulations developed 


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1 and reviewed shall protect data from unauthorized 

2 access, use, and disclosure, and shall include— 

3 ‘‘(A) an audit capability; 

4 ‘‘(B) access controls; 

5 ‘‘(C) requirements to ensure sufficient data 

6 security, quality, validity, and reliability; and 

7 ‘‘(D) other protection in accordance with 

8 the most recent Federal standards developed by 

9 the National Institute of Standards and Tech10 nology. 

11 ‘‘(9) DATA COLLECTION.—The Commissioner 

12 shall ensure that data collection under this sub13 section complies with section 552a of title 5, United 

14 States Code. 

15 ‘‘(10) DEFINITIONS.—In this subsection: 

16 ‘‘(A) INSTITUTION OF HIGHER EDU17 CATION.—The term ‘institution of higher edu18 cation’ has the meaning given the term in sec19 tion 102. 

20 ‘‘(B) PERSONALLY IDENTIFIABLE INFOR21 MATION.—The term ‘personally identifiable in22 formation’ has the meaning given the term in 

23 section 444 of the General Education Provi24 sions Act (20 U.S.C. 1232g). 


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1 ‘‘(C) POSTSECONDARY INSTITUTION.—The 

2 term ‘postsecondary institution’ includes an in3 stitution of higher education.’’. 

4 (b) CONFORMING AMENDMENTS.—Section 487(d) is 

5 amended— 

6 (1) by striking paragraph (3); and 

7 (2) by redesignating paragraph (4) as para8 graph (3). 

9 SEC. 3. REPEAL OF PROHIBITION ON STUDENT DATA SYS10 TEM. 

11 Section 134 of the Higher Education Act of 1965 (20 

12 U.S.C. 1015c) is repealed. 

13 SEC. 4. INSTITUTIONAL REQUIREMENTS. 

14 Paragraph (17) of section 487(a) of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1094(a)) is amended to 

16 read as follows: 

17 ‘‘(17) The institution or the assigned agent of 

18 the institution will collect and submit data to the 

19 Commissioner for Education Statistics in accordance 

20 with section 132(l), the nonstudent related surveys 

21 within the Integrated Postsecondary Education Data 

22 System (IPEDS), or any other Federal postsec23 ondary institution data collection effort (as des24 ignated by the Secretary), in a timely manner and 

25 to the satisfaction of the Secretary.’’. 


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1 SEC. 5. EFFECTIVE DATE; TRANSITION PROVISIONS. 

2 (a) EFFECTIVE DATE.—Sections 1, 2, and 4 of this 

3 Act, and the amendments made by such sections, shall 

4 take effect on the date that is 2 years after the date of 

5 enactment of this Act. 

6 (b) IN GENERAL.—The Secretary of Education and 

7 the Commissioner for Education Statistics shall take such 

8 steps as are necessary to ensure that the transition to, 

9 and implementation of, the postsecondary student data 

10 system required under section 132(l) of the Higher Edu11 cation Act of 1965, as added by section 2 of this Act, hap12 pens in a manner that initially reduces the reporting bur13 den for postsecondary institutions that reported into the 

14 Integrated Postsecondary Education Data System 

15 (IPEDS) on the day before enactment of this Act. Such 

16 steps may include testing early versions of the postsec17 ondary student data system or early versions of the data 

18 collection or aggregate information summary features of 

19 the system with a targeted group of users. 

Æ 


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