Text: H.R.3604 — 113th Congress (2013-2014)All Bill Information (Except Text)

There is one version of the bill.

Text available as:

Shown Here:
Introduced in House (11/21/2013)


113th CONGRESS
1st Session
H. R. 3604

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
November 21, 2013

Mr. Luetkemeyer (for himself, Mr. Bishop of Utah, and Mr. Harris) 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.