I 

116TH CONGRESS 

1ST SESSION H. R. 2724 

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 

MAY 14, 2019 

Mr. LUETKEMEYER (for himself and Mr. COLE) introduced the following bill; 

which was referred to the Committee on Education and Labor 

A BILL 

To clarify the requirements of authorized representatives 

under the Family Educational Rights and Privacy Act 

of 1974, 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 ‘‘Protecting Education 

5 Privacy Act’’. 

6 SEC. 2. AMENDMENTS TO FERPA. 

7 Section 444(b) of the General Education Provisions 

8 Act (20 U.S.C. 1232g(b)) (commonly known as the ‘‘Fam9 ily Educational Rights and Privacy Act of 1974’’) is 

10 amended— 


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1 (1) in paragraph (1)(C)(i)(III), by inserting ‘‘or 

2 local’’ after ‘‘State’’; 

3 (2) in paragraph (3)— 

4 (A) by striking ‘‘(A)’’ and inserting ‘‘(i)’’; 

5 (B) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; 

6 (C) by striking ‘‘(C)’’ and inserting ‘‘(iii)’’; 

7 (D) by striking ‘‘(3) Nothing’’ and insert8 ing the following: ‘‘(3)(A) Nothing’’; 

9 (E) by inserting ‘‘or local’’ after ‘‘State’’; 

10 (F) by striking ‘‘programs:’’ and inserting 

11 ‘‘programs.’’; 

12 (G) by striking ‘‘Provided, That except’’ 

13 and inserting the following: 

14 ‘‘(B) Except’’; 

15 (H) by striking ‘‘such officials’’ and insert16 ing ‘‘the officials described in items (i) through 

17 (iii) of subparagraph (A)’’; and 

18 (I) by adding at the end the following: 

19 ‘‘(C)(i) For purposes of this section, the 

20 term ‘authorized representative’ means an indi21 vidual who— 

22 ‘‘(I) is designated as an authorized 

23 representative by an official described in 

24 item (i), (ii), or (iii) of subparagraph (A); 

25 and 


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1 ‘‘(II) is under the direct control, as a 

2 contractor or employee, of such official. 

3 ‘‘(ii) An authorized representative shall not 

4 release any personally identifiable information 

5 contained in education records collected while 

6 serving as an authorized representative to any 

7 individual, agency, or organization, other than 

8 the official under whom the authorized rep9 resentative is under the direct control.’’; and 

10 (3) by adding at the end the following new 

11 paragraph: 

12 ‘‘(8)(A) Nothing in this section may be con13 strued to authorize the personally identifiable infor14 mation contained in education records of students to 

15 be shared, without the written consent of their par16 ents, for the development of commercial products or 

17 services. 

18 ‘‘(B) In this section, the term ‘commercial 

19 products or services’ does not include official school 

20 pictures, class rings, yearbooks, or other traditional 

21 school-sanctioned commemorative products, events, 

22 or activities.’’. 

23 SEC. 3. FERPA REGULATIONS. 

24 (a) REPEALS.—The definitions of the terms ‘‘author25 ized representative’’, ‘‘early childhood education proVerDate Sep 11 2014 22:10 May 28, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2724.IH H2724

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1 gram’’, and ‘‘education program’’ in section 99.3 of title 

2 34, Code of Federal Regulations, are repealed and shall 

3 have no legal effect. 

4 (b) CERTAIN REGULATIONS PROHIBITED.—The Sec5 retary of Education shall not promulgate or enforce any 

6 regulation or rule that defines ‘‘early childhood education 

7 program’’ or ‘‘education program’’ for any purpose under 

8 section 444 of the General Education Provisions Act (20 

9 U.S.C. 1232g) (commonly known as the ‘‘Family Edu10 cational Rights and Privacy Act of 1974’’) on or after the 

11 date of enactment of this Act. 

Æ 


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