II 

114TH CONGRESS 

1ST SESSION S. 1341 

To amend section 444 of the General Education Provisions Act in order 

to improve the privacy protections available to students and their parents, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 14, 2015 

Mr. VITTER introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend section 444 of the General Education Provisions 

Act in order to improve the privacy protections available 

to students and their parents, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Student Privacy Pro5 tection Act’’. 

6 SEC. 2. DEFINING STUDENT DATA. 

7 (a) DEFINITION.—Section 444(a) of the General 

8 Education Provisions Act (commonly referred to as the 


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1 ‘‘Family Educational Rights and Privacy Act’’) (20 U.S.C. 

2 1232g) is amended— 

3 (1) by striking paragraph (4) and inserting the 

4 following: 

5 ‘‘(4)(A) For the purposes of this section, the 

6 term ‘student data’ means information about a stu7 dent collected and maintained by an educational 

8 agency or institution, by a person or third party col9 lecting or maintaining such information through the 

10 active intervention, facilitation, or authorization of 

11 such agency or institution, or by a person or third 

12 party acting for such agency or institution. 

13 ‘‘(B) The term ‘student data’ does not include— 

14 ‘‘(i) records of instructional, supervisory, and 

15 administrative personnel and educational personnel 

16 ancillary thereto which are in the sole possession of 

17 the maker thereof and which are not accessible or 

18 revealed to any other person except a substitute; 

19 ‘‘(ii) records maintained by a law enforcement 

20 unit of the educational agency or institution that 

21 were created by that law enforcement unit for the 

22 purpose of law enforcement; 

23 ‘‘(iii) in the case of persons who are employed 

24 by an educational agency or institution but who are 

25 not in attendance at such agency or institution, 


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1 records made and maintained in the normal course 

2 of business which relate exclusively to such person in 

3 that person’s capacity as an employee and are not 

4 available for use for any other purpose; or 

5 ‘‘(iv) records on a student who is eighteen years 

6 of age or older, or is attending an institution of 

7 postsecondary education, which are made or main8 tained by a physician, psychiatrist, psychologist, or 

9 other recognized professional or paraprofessional 

10 acting in his professional or paraprofessional capac11 ity, or assisting in that capacity, and which are 

12 made, maintained, or used only in connection with 

13 the provision of treatment to the student, and are 

14 not available to anyone other than persons providing 

15 such treatment, except that such records can be per16 sonally reviewed by a physician or other appropriate 

17 professional of the student’s choice.’’; and 

18 (2) in paragraph (5)(A), by striking ‘‘includes 

19 the following’’ and inserting ‘‘consists of only the 

20 following’’. 

21 (b) CONFORMING AMENDMENTS.—Section 444 of 

22 such Act (20 U.S.C. 1232g), as amended by subsection 

23 (a), is further amended— 

24 (1) in subsection (a)— 

25 (A) in paragraph (1)— 


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1 (i) in subparagraph (A), by striking 

2 ‘‘educational records’’ and inserting ‘‘stu3 dent data’’; and 

4 (ii) in subparagraph (C)(ii), by strik5 ing ‘‘placed in the education records’’ and 

6 inserting ‘‘obtained’’; and 

7 (B) in paragraph (2)— 

8 (i) by striking ‘‘the records’’ each 

9 place the term appears and inserting ‘‘the 

10 data’’; and 

11 (ii) by striking ‘‘such records’’ each 

12 place the term appears and inserting ‘‘such 

13 data’’; 

14 (2) in subsection (b)— 

15 (A) in paragraph (1)— 

16 (i) in subparagraph (B), by striking 

17 ‘‘the record’’ each place the term appears 

18 and inserting ‘‘the data’’; 

19 (ii) in subparagraph (E), by striking 

20 ‘‘whose records’’ each place the term ap21 pears and inserting ‘‘whose student data’’; 

22 and 

23 (iii) in subparagraph (L), by striking 

24 ‘‘such records’’ and inserting ‘‘such data’’; 


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1 (B) in paragraph (2)(A), by striking 

2 ‘‘records’’ each place the term appears and in3 serting ‘‘student data’’; and 

4 (C) in paragraph (4)(A), by striking ‘‘such 

5 records’’ and inserting ‘‘such data’’; 

6 (3) in subsection (j)(1)(B), by striking ‘‘such 

7 records’’ and inserting ‘‘such student data’’; 

8 (4) by striking ‘‘education records’’ each place 

9 the term appears and inserting ‘‘student data’’; and 

10 (5) by striking ‘‘education record’’ each place 

11 the term appears and inserting ‘‘student data’’. 

12 SEC. 3. RELEASE OF PERSONALLY IDENTIFIABLE INFOR13 MATION. 

14 Section 444 of the General Education Provisions Act 

15 (commonly referred to as the ‘‘Family Educational Rights 

16 and Privacy Act’’) (20 U.S.C. 1232g), as amended by sec17 tion 2, is further amended— 

18 (1) in subsection (b)— 

19 (A) in paragraph (1)— 

20 (i) in subparagraph (A), by striking 

21 ‘‘other school officials, including teachers’’ 

22 and inserting ‘‘employees and other school 

23 officials, including teachers, under the di24 rect control of’’; 


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1 (ii) in subparagraph (C), by striking 

2 ‘‘authorized representatives of’’ each place 

3 the term appears and inserting ‘‘authorized 

4 representatives under the direct control 

5 of’’; 

6 (iii) by striking subparagraph (F); 

7 and 

8 (iv) by redesignating subparagraphs 

9 (G) through (K) as subparagraphs (F) 

10 through (J), respectively; 

11 (B) in paragraph (2)— 

12 (i) in the matter preceding subpara13 graph (A), by striking ‘‘any personally 

14 identifiable information’’ through ‘‘direc15 tory information,’’ and inserting ‘‘any stu16 dent data, including personally identifiable 

17 information (other than directory informa18 tion) that is not first aggregated, 

19 anonymized, and de-identified’’; 

20 (ii) by striking subparagraph (A) and 

21 inserting the following: 

22 ‘‘(A) the educational agency or institution 

23 meets the requirements of paragraph (8) with 

24 respect to the student data, including providing 

25 notice and obtaining parental consent; or’’; and 


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1 (iii) in subparagraph (B), by striking 

2 ‘‘(1)(J)’’ and inserting ‘‘(1)(I)’’; 

3 (C) in paragraph (3)— 

4 (i) by striking ‘‘authorized representa5 tives of’’ and inserting ‘‘authorized rep6 resentatives under the direct control of’’; 

7 (ii) by inserting ‘‘administered by 

8 State or local public educational agencies 

9 or institutions’’ after ‘‘Federally-supported 

10 education programs’’; and 

11 (iii) by inserting before the period at 

12 the end the following: ‘‘: Provided further, 

13 That notice is provided, and consent is ob14 tained, from the parents consistent with 

15 paragraph (8)’’; 

16 (D) in paragraph (4)(B)— 

17 (i) by inserting ‘‘and consistent with 

18 the requirements of paragraph (8)’’ after 

19 ‘‘student’’; 

20 (ii) by inserting ‘‘or paragraph (8)’’ 

21 after ‘‘paragraph (2)(A)’’; and 

22 (iii) by inserting ‘‘(as in effect on the 

23 day before the date of enactment of the 

24 Student Privacy Protection Act)’’ after 

25 ‘‘paragraph (1)(F)’’; 


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1 (E) in paragraph (5)— 

2 (i) by inserting ‘‘administered by a 

3 State or local public educational agency or 

4 institution’’ after ‘‘supported education 

5 program’’; and 

6 (ii) by striking ‘‘the proviso’’ and in7 serting ‘‘both provisos’’; and 

8 (F) by adding at the end the following: 

9 ‘‘(7) NO APPENDING DATA.— 

10 ‘‘(A) IN GENERAL.—No funds provided to 

11 the Department or under any applicable pro12 gram may be provided to any educational agen13 cy or institution that appends any student data 

14 with personally identifiable information ob15 tained from Federal or State agencies through 

16 data matches. 

17 ‘‘(B) FEDERAL PROHIBITION.—Notwith18 standing any other provision of law, the Sec19 retary shall not append any student data of a 

20 student with personally identifiable information 

21 obtained from Federal or State agencies 

22 through data matches. 

23 ‘‘(8) LIMITATIONS ON THIRD PARTY USE.— 

24 Notwithstanding paragraph (1) or any other provi25 sion of this section (not including paragraph (6)), no 


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1 funds provided to the Department or under any ap2 plicable program may be provided to an educational 

3 agency (including a State educational agency) or in4 stitution that allows any third party (including any 

5 contractor or other person acting under direct con6 trol of the agency or institution) to access student 

7 data of students, including personally identifiable in8 formation and directory information, unless— 

9 ‘‘(A) the agency or institution receives con10 sent from the parents of the student for the 

11 student data to be made available to the third 

12 party; 

13 ‘‘(B) prior to receiving the consent de14 scribed in subparagraph (A), the agency or in15 stitution provides the parents with notice, not 

16 less than 30 days before the records would be 

17 provided to such outside party if consent is ob18 tained, that informs the parent— 

19 ‘‘(i) of the student data that would be 

20 accessed; 

21 ‘‘(ii) that the student data will only be 

22 made available if the parent consents; 

23 ‘‘(iii) that the parent have the ability, 

24 under subsection (a), to access the student 

25 data of their students held by the agency 


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1 or institution or outside party, and a de2 scription of the process to make correc3 tions for inaccurate data; and 

4 ‘‘(iv) that the agency or institution 

5 and the outside party are liable for any 

6 violation of this section and that the rem7 edies described in subsection (k) are avail8 able; 

9 ‘‘(C) the agency or institution, and the 

10 third party, have in place methods sufficient to 

11 ensure that a reasonable person could not use 

12 any of the data provided to determine the iden13 tity of the student, by itself or when combined 

14 with other publicly available information; 

15 ‘‘(D) the agency or institution requires 

16 that all student data remain the property of the 

17 agency or institution and that any student data, 

18 including data made available through the 

19 Internet or data hosted by a third party service 

20 provider, is destroyed when the individual is no 

21 longer a student served by the agency or insti22 tution; and 

23 ‘‘(E) the third party agrees, as a condition 

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1 lation of this section, including civil liability 

2 under subsection (k). 

3 ‘‘(9) NO TRACKING OF STUDENTS.— 

4 ‘‘(A) IN GENERAL.—No funds provided to 

5 the Department or to an applicable program 

6 may be used to track children or for career 

7 tracking. 

8 ‘‘(B) ONLY AGGREGATE DATA IN LONGITU9 DINAL DATA SYSTEMS.—Student data shall not 

10 be used for or from State longitudinal data pro11 grams, including prekindergarten through grade 

12 20 (‘P–20’) workforce programs, unless the stu13 dent data is first aggregated, anonymized, and 

14 de-identified. 

15 ‘‘(C) DEFINITIONS.—In this paragraph: 

16 ‘‘(i) TRACK.—The term ‘track’ shall 

17 mean to collect and maintain records of a 

18 student’s activities through the student’s 

19 educational career, beginning in preschool 

20 and including postsecondary education, 

21 and the student’s entrance into, and pro22 gression through, the workforce or the 

23 military. 

24 ‘‘(ii) CAREER TRACKING.—The term 

25 ‘career tracking’ shall mean any effort to 


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1 obligate an elementary school or secondary 

2 school student to involuntarily select a ca3 reer, career interest, employment goals, or 

4 related job training via any curriculum, in5 struction, employment-related activity, sur6 vey, test, assessment, or data collection. 

7 ‘‘(10) RULES OF CONSTRUCTION.— 

8 ‘‘(A) APPLICABILITY TO FEDERAL GOV9 ERNMENT.—Nothing in this section shall be 

10 construed to allow the Secretary, the Attorney 

11 General, or the head of any other Federal agen12 cy to provide any outside party access to stu13 dent data, or personally identifiable information 

14 in student data, that has not first been aggre15 gated, anonymized, and de-identified. 

16 ‘‘(B) NO DATA COLLECTION.—Nothing in 

17 this section shall be construed to authorize the 

18 collection, storage, sharing, or use, in any man19 ner, of student data, including personally iden20 tifiable information of students, for the develop21 ment or improvement of products or services, 

22 unless the student data has first been aggre23 gated, anonymized, and de-identified. 

24 ‘‘(C) NO NATIONAL DATABASE.—Nothing 

25 in this section shall be construed to authorize 


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1 the collection, storage, sharing, or use, in any 

2 manner, of student data, including personally 

3 identifiable information, to support or inform a 

4 national or interstate database of student data 

5 or the linking of State longitudinal databases, 

6 unless the student data has been aggregated, 

7 anonymized, and de-identified.’’. 

8 SEC. 4. REQUIRING PARENTAL CONSENT TO RELEASE 

9 RECORDS OF OTHER STUDENTS. 

10 Section 444(a) of the General Education Provisions 

11 Act (20 U.S.C. 1232g(a)), as amended by section 2, is 

12 further amended— 

13 (1) in paragraph (1)— 

14 (A) in subparagraph (A), by striking ‘‘stu15 dents who are or have been in attendance at a 

16 school of such agency or at such institution, as 

17 the case may be,’’ and inserting ‘‘students for 

18 whom the agency or institution maintains stu19 dent data’’; and 

20 (B) in subparagraph (B), by inserting ‘‘, 

21 or for whom the agency or institution maintains 

22 student data’’ before ‘‘that is subject’’; 

23 (2) in paragraph (2), by striking ‘‘who are or 

24 have been in attendance at a school of such agency 


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1 or at such institution’’ and inserting ‘‘for whom the 

2 agency or institution maintains student data’’; 

3 (3) in paragraph (5)(B), by striking ‘‘attending 

4 the institution or agency’’ and inserting ‘‘for whom 

5 the agency or institution maintains student data’’; 

6 and 

7 (4) in paragraph (6), by striking ‘‘, but does 

8 not include a person who has not been in attendance 

9 at such agency or institution’’. 

10 SEC. 5. REMEDIES. 

11 Section 444 of the General Education Provisions Act 

12 (20 U.S.C. 1232g), as amended by sections 2, 3, and 4, 

13 is further amended by adding at the end the following: 

14 ‘‘(k) CIVIL LIABILITY.— 

15 ‘‘(1) IN GENERAL.— 

16 ‘‘(A) AGENCIES, INSTITUTIONS, AND CON17 TRACTORS.—As a condition of receiving any 

18 funds provided to the Department or under any 

19 applicable program, an educational agency or 

20 institution, and any third party that collects, 

21 maintains, or otherwise obtains access to stu22 dent data through such agency or institution, 

23 that fails to comply with any requirement im24 posed under this section with respect to any inVerDate Sep 11 2014 05:54 May 20, 2015 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1341.IS S1341

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1 dividual shall be liable to that person in the 

2 amount determined under paragraph (2). 

3 ‘‘(B) FEDERAL GOVERNMENT LIABILITY.— 

4 Any Federal agency that fails to comply with 

5 any requirement imposed under this section 

6 with respect to any individual shall be liable to 

7 that person in the amount determined under 

8 paragraph (2). 

9 ‘‘(2) AMOUNT OF AWARD.— 

10 ‘‘(A) INDIVIDUAL ACTION.—In an indi11 vidual action, the sum awarded for liability 

12 under paragraph (1) is equal to— 

13 ‘‘(i) in the case of a first violation, an 

14 amount of not less than $1,000; 

15 ‘‘(ii) in the case of a second violation 

16 by the same person involving the student 

17 data and privacy of the same student, an 

18 amount of not less than than $5,000; and 

19 ‘‘(iii) in the case of a third or any 

20 subsequent violation by the same person 

21 involving the student data and privacy of 

22 the same student, an amount of not less 

23 than $10,000. 

24 ‘‘(B) INDIVIDUAL VIOLATION.—For pur25 poses of this subsection, each violation of this 


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1 section that involves different student data of 

2 an individual, or a different student, shall be 

3 considered a separate violation. 

4 ‘‘(3) COSTS AND ATTORNEY FEES.—In the case 

5 of any successful action to enforce liability under 

6 paragraph (1), the defendant shall be liable for the 

7 costs of the action and reasonable attorney fees as 

8 determined by the court.’’. 

9 SEC. 6. PROHIBITION ON PSYCHOLOGICAL TESTING. 

10 Section 445 of the General Education Provisions Act 

11 (20 U.S.C. 1232h) is amended— 

12 (1) by redesignating subsections (d) through (f) 

13 as subsections (f) through (h), respectively; 

14 (2) by inserting after subsection (c) the fol15 lowing: 

16 ‘‘(d) PROHIBITION ON PSYCHOLOGICAL TESTING.— 

17 ‘‘(1) DEFINITIONS.—In this section: 

18 ‘‘(A) AFFECTIVE COMPUTING.—The term 

19 ‘affective computing’ means systems and de20 vices that can or attempt to recognize, inter21 pret, process, or simulate aspects of human 

22 feelings or emotions. 

23 ‘‘(B) INTERPERSONAL RESOURCES OR

24 INTERPERSONAL SKILLS.—The term ‘inter25 personal resources’ or ‘interpersonal skills’ 


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1 means non-cognitive emotional and psycho2 logical characteristics and attributes and skills 

3 used to manage relationships and interactions 

4 between or among individuals. 

5 ‘‘(C) INTRAPERSONAL RESOURCES OR

6 INTRAPERSONAL SKILLS.—The term 

7 ‘intrapersonal resources’ or ‘intrapersonal skills’ 

8 means non-cognitive emotional and psycho9 logical characteristics and attributes used to 

10 manage emotions and attitudes within an indi11 vidual. 

12 ‘‘(D) PREDICTIVE MODELING.—The term 

13 ‘predictive modeling’ means the use of edu14 cational data-mining methods to make pre15 dictions about future behaviors or performance. 

16 ‘‘(E) PROCESS.—The term ‘process’ or 

17 ‘processing’ means to use, access, manipulate, 

18 scan, modify, transform, disclose, store, trans19 mit, transfer, retain, aggregate, or dispose of 

20 student or teacher data. 

21 ‘‘(F) PSYCHOLOGICAL RESOURCES.—The 

22 term ‘psychological resources’ means non-cog23 nitive, emotional characteristics, attributes, and 

24 skills, including mindsets, learning strategies, 


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1 and effortful control, used by an individual to 

2 address or manage various life situations. 

3 ‘‘(2) IN GENERAL.—Notwithstanding any other 

4 provision of law, no funds provided to the Depart5 ment or Federal funds provided under any applica6 ble program shall be spent to support any survey or 

7 academic assessment allowing any of the following 

8 types of data collection via assessments or any other 

9 means, including digitally: 

10 ‘‘(A) Any data collected via affective com11 puting, including analysis of facial expressions, 

12 EEG brain wave patterns, skin conductance, 

13 galvanic skin response, heart-rate variability, 

14 pulse, blood volume, posture, and eye-tracking. 

15 ‘‘(B) Any data (including any resulting 

16 from national or State assessments) that meas17 ure psychological resources, mindsets, learning 

18 strategies, effortful control, attributes, disposi19 tions, social skills, attitudes, intrapersonal re20 sources, or any other type of social, emotional, 

21 or psychological parameter. 

22 ‘‘(C) Any data collected through predictive 

23 modeling to be used to detect behaviors, beliefs, 

24 or value systems, or for predicting or fore25 casting student outcomes. 


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1 ‘‘(D) Any type of psychological data, in2 cluding assessment of non-cognitive skills or at3 tributes, psychological resources, mindsets, 

4 learning strategies, effortful control, attitudes, 

5 dispositions, social skills, or other interpersonal 

6 or intrapersonal resources collected via any na7 tional or State student assessment. 

8 ‘‘(3) SPECIAL RULE.—Paragraph (2) shall not 

9 apply to an applicable program carried out or fund10 ed under the Individuals with Disabilities Education 

11 Act if the data collection is required under such Act. 

12 ‘‘(4) NO NATIONAL ASSESSMENT USING PSY13 CHOLOGICAL DATA.—No funds provided to the De14 partment or to an applicable program may be used 

15 to pilot test, field test, implement, administer, or 

16 distribute in any way any federally sponsored na17 tional assessment collecting any psychological data 

18 or any federally sponsored research on social-emo19 tional data in education. 

20 ‘‘(e) VIDEO MONITORING AND COMPUTER SURVEIL21 LANCE PROTECTIONS.— 

22 ‘‘(1) PROTECTIONS FOR VIDEO MONITORING.— 

23 ‘‘(A) ELEMENTARY SCHOOLS AND SEC24 ONDARY SCHOOLS.—No funds provided to the 

25 Department or under any applicable program 


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1 shall be made available to any public elemen2 tary school or secondary school served by an 

3 educational agency receiving funds under any 

4 eligible program that conducts video monitoring 

5 of classrooms in the school, for any purpose, in6 cluding for teacher evaluation, without the ap7 proval of the local educational agency after a 

8 public hearing and the written consent of the 

9 teacher and the parents of all students in the 

10 classroom. 

11 ‘‘(B) OTHER AGENCIES AND INSTITU12 TIONS.—No funds provided to the Department 

13 or under any applicable program shall be made 

14 available to any educational agency or institu15 tion not covered under subparagraph (A) that 

16 conducts video monitoring of classrooms in a 

17 school or institution, for any purpose, including 

18 for teacher evaluation, without a public hearing 

19 and the written consent of the teacher, and of 

20 the parents of all students in the classroom. 

21 ‘‘(2) PROTECTIONS FOR COMPUTER CAMERA

22 SURVEILLANCE.— 

23 ‘‘(A) ELEMENTARY SCHOOLS AND SEC24 ONDARY SCHOOLS.—No funds provided to the 

25 Department under any applicable program shall 


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1 be made available to any public elementary 

2 school or secondary school that supplies, 

3 through the school to a teacher or student, a 

4 computing device on which remote camera sur5 veillance software has been installed, without 

6 first obtaining the approval of the local edu7 cational agency after a public hearing. Any 

8 such elementary school or secondary school that 

9 provides computing devices to teachers or stu10 dents shall adopt a policy prohibiting the use of 

11 remote camera surveillance software on a school 

12 supplied computing device without the written 

13 consent of the teacher and the parent of each 

14 affected student. 

15 ‘‘(B) OTHER AGENCIES AND INSTITU16 TIONS.—No funds under any applicable pro17 gram shall be made available to any educational 

18 agency or institution not covered under sub19 paragraph (A) that supplies, through the school 

20 to a student or teacher, a computing device on 

21 which remote camera surveillance software has 

22 been installed without first providing a public 

23 hearing and adopting a policy prohibiting the 

24 use of remote camera surveillance software on 

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1 out the written consent of the teacher and the 

2 parent of each affected student. 

3 ‘‘(3) PERMISSION AND CONSENT.—For the pur4 poses of this subsection, whenever a student has at5 tained eighteen years of age, or is attending an insti6 tution of postsecondary education, the permission or 

7 consent required of and the rights accorded to the 

8 parents of the student shall thereafter only be re9 quired of and accorded to the student. 

10 ‘‘(4) DEFINITIONS.—In this subsection, the 

11 term ‘educational agency or institution’ has the 

12 meaning given the term in section 444.’’. 

13 SEC. 7. PROHIBITION ON COLLECTING CERTAIN PRIVATE 

14 INFORMATION. 

15 Section 445 of the General Education Provisions Act 

16 (20 U.S.C. 1232h) is amended— 

17 (1) by striking subsection (b) and inserting the 

18 following: 

19 ‘‘(b) Neither the Secretary nor any educational agen20 cy or institution receiving assistance under any applicable 

21 program shall administer any student survey, assessment, 

22 analysis, evaluation, or similar instrument that solicits in23 formation about the student or the student’s family con24 cerning the following: 

25 ‘‘(1) Political affiliations or beliefs. 


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1 ‘‘(2) Mental or psychological problems, psycho2 logical resources, mindsets, learning strategies, 

3 effortful control, attributes, dispositions, social skills, 

4 attitudes, or intrapersonal resources (as defined in 

5 subsection (d)(1)). 

6 ‘‘(3) Sexual behavior or attitudes. 

7 ‘‘(4) Illegal, antisocial, self-incriminating, or de8 meaning behavior. 

9 ‘‘(5) Critical appraisals of another individual 

10 with whom a student has a close relationship. 

11 ‘‘(6) Legally recognized privileged or analogous 

12 relationships, such as those with a lawyer, physician, 

13 or member of the clergy. 

14 ‘‘(7) Religious practices, affiliations, or beliefs. 

15 ‘‘(8) Personal or family gun ownership. 

16 ‘‘(9) Income or other income-related informa17 tion except that required by law to determine eligi18 bility to participate in or receive financial assistance 

19 under a program.’’; and 

20 (2) in subsection(c)(1)— 

21 (A) by striking subparagraph (B); 

22 (B) by redesignating subparagraphs (C) 

23 through (F) as subparagraphs (B) through (E), 

24 respectively; and 


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1 (C) in subparagraph (E)(i), as redesig2 nated by subparagraph (B), by striking ‘‘sub3 paragraph (E)’’ and inserting ‘‘subparagraph 

4 (D)’’. 

5 SEC. 8. SEVERABILITY. 

6 If any provision of this Act or an amendment made 

7 by this Act, or the application of the provision to any per8 son or circumstance, is held to be unconstitutional, the 

9 remainder of this Act and the amendments made by this 

10 Act, and the application of the provisions of this Act and 

11 the amendments made by this Act to any other person 

12 or circumstance, shall not be affected thereby. 

Æ 


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