[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4252 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4252
To clarify the requirements of authorized representatives under the
Family Educational Rights and Privacy Act of 1974, and for other
purposes.
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IN THE HOUSE OF REPRESENTATIVES
June 21, 2023
Mr. Luetkemeyer (for himself, Mrs. Miller-Meeks, Ms. Van Duyne, and Mr.
Edwards) 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
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 personally identifiable information
contained in education records 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)(A) Nothing in this section may be construed to
authorize the personally identifiable information contained in
education records of students to be shared, without the written
consent of their parents, for the development of commercial
products or services.
``(B) In this section, the term `commercial products or
services' does not include official school pictures, class
rings, yearbooks, or other traditional school-sanctioned
commemorative products, events, or activities.''.
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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