206 
(i) ensure that the statewide longitu-
dinal data system under this subsection and 
any other data system the State or con-
sortia is operating for the purposes of this 
Act meet the requirements of section 444 of 
the General Education Provisions Act (20 
U.S.C. 1232g) (commonly known as the 
‘‘Family Educational Rights and Privacy 
Act of 1974’’); 
(ii) limit the use of information in any 
such data system by governmental agencies 
in the State, including State agencies, State 
educational authorities, local educational 
agencies, community colleges, and institu-
tions of higher education, to education and 
workforce related activities under this Act 
or education and workforce related activi-
ties otherwise permitted by Federal or State 
law; 
(iii) prohibit the disclosure of person-
ally identifiable information except as per-
mitted under section 444 of the General 
Education Provisions Act and any addi-
tional limitations set forth in State law; 
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(iv) keep an accurate accounting of the 
date, nature, and purpose of each disclosure 
of personally identifiable information in 
any such data system, a description of the 
information disclosed, and the name and 
address of the person, agency, institution, or 
entity to whom the disclosure is made, 
which accounting shall be made available 
on request to parents of any student whose 
information has been disclosed; 
(v) notwithstanding section 444 of the 
General Education Provisions Act, require 
any non-governmental party obtaining per-
sonally identifiable information to sign a 
data use agreement prior to disclosure 
that— 
(I) prohibits the party from fur-
ther disclosing the information; 
(II) prohibits the party from 
using the information for any purpose 
other than the purpose specified in the 
agreement; and 
(III) requires the party to destroy 
the information when the purpose for 
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which the disclosure was made is ac-
complished; 
(vi) maintain adequate security meas-
ures to ensure the confidentiality and integ-
rity of any such data system, such as pro-
tecting a student record from identification 
by a unique identifier; 
(vii) where rights are provided to par-
ents under this clause, provide those rights 
to the student instead of the parent if the 
student has reached the age of 18 or is en-
rolled in a postsecondary educational insti-
tution; and 
(viii) ensure adequate enforcement of 
the requirements of this paragraph. 
(B) USE OF UNIQUE IDENTIFIERS.—It shall 
be unlawful for any Federal, State, or local gov-
ernmental agency to— 
(i) use the unique identifiers employed 
in such data systems for any purpose other 
than as authorized by Federal or State law; 
or 
(ii) deny any individual any right, 
benefit, or privilege provided by law because 
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of such individual’s refusal to disclose the 
individual’s unique identifier. 
(d) REPORT.—The Secretary shall submit to the Com-
mittee on Health, Education, Labor, and Pensions of the 
Senate and the Committee on Education and Labor of the 
House of Representatives an annual report on the amounts 
awarded to entities receiving grants or contracts under this 
section, and the activities carried out by such entities under 
such grants and contracts. 
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Union Calendar No. 129 
111TH CONGRESS 
1ST SESSION 
H. R. 3221 
[Report No. 111–232] 
A BILL 
To amend the Higher Education Act of 1965, and 
for other purposes. 
JULY 27, 2009 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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