I 
118TH CONGRESS 
1ST SESSION H. R. 4252 
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 
JUNE 21, 2023 
Mr. LUETKEMEYER (for himself, Mrs. MILLER-MEEKS, Ms. VAN DUYNE, and 
Mr. EDWARDS) 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 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 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 authorized 
representative by an official described in 
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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 personally identifiable information 
contained in education records collected while 
serving as an authorized representative to any 
individual, agency, or organization, other than 
the official under whom the authorized rep-
resentative is under the direct control.’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(8)(A) Nothing in this section may be con-
strued to authorize the personally identifiable infor-
mation contained in education records of students to 
be shared, without the written consent of their par-
ents, for the development of commercial products or 
services. 
‘‘(B) In this section, the term ‘commercial 
products or services’ does not include official school 
pictures, class rings, yearbooks, or other traditional 
school-sanctioned commemorative products, events, 
or activities.’’. 
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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 
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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