[Congressional Record (Bound Edition), Volume 153 (2007), Part 4]
[Extensions of Remarks]
[Page 5592]
[From the U.S. Government Publishing Office, www.gpo.gov]




           INTRODUCTION OF THE STUDENT PRIVACY PROTECTION ACT

                                 ______
                                 

                         HON. MICHAEL M. HONDA

                             of california

                    in the house of representatives

                         Tuesday, March 6, 2007

  Mr. HONDA. Madam Speaker, I rise today to announce the introduction 
of my bill, the Student Privacy Protection Act.
  The Student Privacy Protection Act is legislation that will restore 
the privacy rights of children and families that were taken away by a 
little-known provision of the Elementary and Secondary Education Act, 
the so-called No Child Left Behind Act.
  Under No Child Left Behind, high schools are required to turn over 
lists of student contact information to the Department of Defense, 
which adds this information to an extensive database of children. The 
Department of Defense claims to need the names, addresses, and phone 
numbers of high school students for recruiting purposes, because it 
enables recruiters to contact children directly in their homes and at 
school, which is often done without the knowledge or consent of their 
parents.
  As a former high school teacher and principal, I am concerned that 
the fundamental right of privacy has been taken away from both parents 
and children. U.S. Supreme Court Justice Louis Brandeis defined privacy 
as ``the right to be left alone.'' Families are not being left alone, 
and their personal, private information is being divulged without their 
knowledge. Any database of personal information is subject to abuse. A 
government that was established for the pursuit of life, liberty, and 
happiness has no business collecting extensive personal data about 
Americans.
  I have the greatest respect for Americans who choose to enter the 
military, as well as for those in the Armed Forces who engage in the 
recruiting process. Those efforts, however, should respect the privacy 
rights of children and their families.
  No Child Left Behind requires schools to give military recruiters the 
names, addresses, and telephone numbers of students, unless their 
parents ``opt-out'' of the list. Schools are only required to provide 
one notice of the military recruiting list, so it can be easily 
overlooked by parents, or perhaps never received. Moreover, language 
and cultural barriers can prevent understanding of the opt-out process, 
especially in immigrant communities that are subject to aggressive 
military recruiting. If parents do not respond, and do not explicitly 
object to having their child's personal information released to 
recruiters, it is assumed that they have no objections. Under current 
law, they must ``opt-out'' in order to protect their rights.
  The privacy rights of all Americans should be respected. One should 
not have to ask for these rights.
  Today, I am reintroducing the Student Privacy Protection Act, which I 
introduced in the 109th Congress. This legislation will restore the 
privacy rights of parents and children. The Student Privacy Protection 
Act will change the military recruitment provision of No Child Left 
Behind from an ``opt-out'' system to ``opt-in.'' Under my bill, 
families may still choose to ``opt-in'' to the recruiting database, but 
privacy will be respected by default.
  I urge my colleagues to join me in supporting the rights of students 
and the rights of families, by supporting the Student Privacy 
Protection Act.

                          ____________________