S. 5408Senate119th Congress (2025-2027)In Committee

Student Voter Data Protection Act

A bill to establish a prohibition for certain disclosures of personally identifiable information under the Family Educational Rights and Privacy Act of 1974.

AI-Generated Summary

Updated September 26, 2026 at 7:55 AM UTC

The Student Voter Data Protection Act adds new restrictions to the Family Educational Rights and Privacy Act. It bars colleges and universities that receive federal funds from sharing or selling a student's personally identifiable information – including directory data – for the purpose of tracking voter registration or voting rates unless the student gives prior, informed, written consent. The bill ties compliance to the availability of federal education funding, affecting any post‑secondary institution that participates in such programs.

Key Provisions

Prohibits any post‑secondary school that receives federal funds from disclosing a student's personally identifiable information (including directory information) to measure voter registration or voting rates without the student's prior, informed, written consent.
Bars post‑secondary institutions from selling or transferring a student's personally identifiable education records, including directory information, without the same prior, informed, written consent.
Makes federal funding unavailable to any post‑secondary institution that violates these consent requirements.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

September 16, 2026

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SenateIntro Referral

Introduced in Senate

September 16, 2026

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

September 16, 2026

Bill Text

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Introduced in SenateIssued September 16, 2026

119th CONGRESS

2d Session

S. 5408

IN THE SENATE OF THE UNITED STATES

September 16, 2026

Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To establish a prohibition for certain disclosures of personally identifiable information under the Family Educational Rights and Privacy Act of 1974.

Short title

This Act may be cited as the Student Voter Data Protection Act.

Disclosures related to voting

Section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the Family Educational Rights and Privacy Act of 1974) is amended by adding at the end the following:

(k)

No funds shall be made available under any applicable program to any postsecondary educational institution that discloses personally identifiable information (including through sale or transfer), including directory information, from a student for the purpose of measuring voter registration or the voting rates of students enrolled at a postsecondary educational institution, without the prior, informed, written consent of the student provided in a manner consistent with section 99.30 of title 34, Code of Federal Regulations (or any successor regulations).

Prohibition on sale of directory information for postsecondary education students

Section 444(a)(5) of the General Education Provisions Act (20 U.S.C. 1232g(a)(5); commonly referred to as the ‘Family Educational Rights and Privacy Act of 1974’) is amended—

(1)

in subparagraph (B), by striking Any educational agency or institution and inserting Subject to subparagraph (C), any educational agency or institution; and

(2)

by adding at the end the following:

(C)

Notwithstanding any other provision of this section, no funds shall be made available under any applicable program to any educational institution that is a postsecondary educational institution that sells the personally identifiable education records, including directory information, of a student without the prior, informed, written consent of the student provided in a manner consistent with section 99.30 of title 34, Code of Federal Regulations (or any successor regulations).