I 
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) in-
troduced the following bill; which was referred to the Committee on Edu-
cation 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 Representa-
tives 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 ‘‘Fam-
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ily 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 insert-
ing 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 insert-
ing ‘‘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 indi-
vidual who— 
‘‘(I) is designated as an author-
ized representative by an official de-
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scribed in item (i), (ii), or (iii) of sub-
paragraph (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 representa-
tive to any individual, agency, or organiza-
tion, 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 person-
ally identifiable information of students to be 
shared, without the written consent of their parents, 
for the development of commercial products or serv-
ices.’’. 
SEC. 3. FERPA REGULATIONS. 
(a) REPEALS.—The definitions of the terms ‘‘author-
ized representative’’, ‘‘early childhood education pro-
gram’’, and ‘‘education program’’ in section 99.3 of title 
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34, Code of Federal Regulations, are repealed and shall 
have no legal effect. 
(b) CERTAIN REGULATIONS PROHIBITED.—The Sec-
retary 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 Edu-
cational Rights and Privacy Act of 1974’’) on or after the 
date of enactment of this Act. 
Æ 
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