I 

115TH CONGRESS 

2D SESSION H. R. 5224 

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 

MARCH 8, 2018 

Mr. LUETKEMEYER (for himself, Mr. SESSIONS, Mrs. WAGNER, and Mr. 

COLE) 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. 

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 ‘‘FamVerDate Sep 11 2014 03:02 Mar 17, 2018 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5224.IH H5224

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1 ily Educational Rights and Privacy Act of 1974’’) is 

2 amended— 

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

4 local’’ after ‘‘State’’; 

5 (2) in paragraph (3)— 

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

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

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

9 (D) by striking ‘‘(3) Nothing’’ and insert10 ing the following: ‘‘(3)(A) Nothing’’; 

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

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

13 ‘‘programs.’’; 

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

15 and by inserting the following: 

16 ‘‘(B) Except’’; 

17 (H) by striking ‘‘such officials’’ and insert18 ing ‘‘the officials described in items (i) through 

19 (iii) of subparagraph (A)’’; and 

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

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

22 term ‘authorized representative’ means an indi23 vidual who— 

24 ‘‘(I) is designated as an author25 ized representative by an official deVerDate Sep 11 2014 03:02 Mar 17, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5224.IH H5224

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1 scribed in item (i), (ii), or (iii) of sub2 paragraph (A); and 

3 ‘‘(II) is under the direct control, 

4 as a contractor or employee, of such 

5 official. 

6 ‘‘(ii) An authorized representative 

7 shall not release any educational records or 

8 personally identifiable information collected 

9 while serving as an authorized representa10 tive to any individual, agency, or organiza11 tion, other than the official under whom 

12 the authorized representative is under the 

13 direct control.’’; and 

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

15 paragraph: 

16 ‘‘(8) Nothing in this section may be construed 

17 to authorize the educational records or the person18 ally identifiable information of students to be 

19 shared, without the written consent of their parents, 

20 for the development of commercial products or serv21 ices.’’. 

22 SEC. 3. FERPA REGULATIONS. 

23 (a) REPEALS.—The definitions of the terms ‘‘author24 ized representative’’, ‘‘early childhood education pro25 gram’’, and ‘‘education program’’ in section 99.3 of title 


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1 34, Code of Federal Regulations, are repealed and shall 

2 have no legal effect. 

3 (b) CERTAIN REGULATIONS PROHIBITED.—The Sec4 retary of Education shall not promulgate or enforce any 

5 regulation or rule that defines ‘‘early childhood education 

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

7 section 444 of the General Education Provisions Act (20 

8 U.S.C. 1232g) (commonly known as the ‘‘Family Edu9 cational Rights and Privacy Act of 1974’’) on or after the 

10 date of enactment of this Act. 

Æ 


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