[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5224 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 5224
To clarify the requirements of authorized representatives under the
Family Educational Rights and Privacy Act of 1974, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 2018
Mr. Luetkemeyer (for himself, Mr. Sessions, Mrs. Wagner, and Mr. Cole)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
_______________________________________________________________________
A BILL
To clarify the requirements of authorized representatives under the
Family Educational Rights and Privacy Act of 1974, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Education Privacy Act''.
SEC. 2. AMENDMENTS TO FERPA.
Section 444(b) of the General Education Provisions Act (20 U.S.C.
1232g(b)) (commonly known as the ``Family Educational Rights and
Privacy Act of 1974'') is amended--
(1) in paragraph (1)(C)(i)(III), by inserting ``or local''
after ``State'';
(2) in paragraph (3)--
(A) by striking ``(A)'' and inserting ``(i)'';
(B) by striking ``(B)'' and inserting ``(ii)'';
(C) by striking ``(C)'' and inserting ``(iii)'';
(D) by striking ``(3) Nothing'' and inserting the
following: ``(3)(A) Nothing'';
(E) by inserting ``or local'' after ``State'';
(F) by striking ``programs:'' and inserting
``programs.'';
(G) by striking ``Provided, That except'' and by
inserting the following:
``(B) Except'';
(H) by striking ``such officials'' and inserting
``the officials described in items (i) through (iii) of
subparagraph (A)''; and
(I) by adding at the end the following:
``(C)(i) For purposes of this section, the term
`authorized representative' means an individual who--
``(I) is designated as an
authorized representative by an
official described in item (i), (ii),
or (iii) of subparagraph (A); and
``(II) is under the direct control,
as a contractor or employee, of such
official.
``(ii) An authorized representative shall
not release any educational records or
personally identifiable information collected
while serving as an authorized representative
to any individual, agency, or organization,
other than the official under whom the
authorized representative is under the direct
control.''; and
(3) by adding at the end the following new paragraph:
``(8) Nothing in this section may be construed to authorize
the educational records or the personally identifiable
information of students to be shared, without the written
consent of their parents, for the development of commercial
products or services.''.
SEC. 3. FERPA REGULATIONS.
(a) Repeals.--The definitions of the terms ``authorized
representative'', ``early childhood education program'', and
``education program'' in section 99.3 of title 34, Code of Federal
Regulations, are repealed and shall have no legal effect.
(b) Certain Regulations Prohibited.--The Secretary of Education
shall not promulgate or enforce any regulation or rule that defines
``early childhood education program'' or ``education program'' for any
purpose under 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'') on or after the date of enactment of this Act.
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