Title: Protecting Education Privacy Act
Policy area: Education

Summary:
Protecting Education Privacy Act
This bill limits the release of students' personally identifiable information contained in education records.
The bill includes local educational authorities among the officials designated as authorized representatives of an education agency with access to student records.
Authorized representatives must be under the direct control of the agency.
The bill prohibits (1) the use of students' personally identifiable information for the development of commercial products or services without the written consent of their parents, and (2) the Department of Education from promulgating or enforcing any regulation that defines early childhood education program or education program for any purpose under the Family Educational Rights and Privacy Act of 1974 on or after this bill's enactment.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5339 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5339

  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

                           September 22, 2021

Mr. Luetkemeyer (for himself and Mr. Sessions) 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.

    Be it enacted by the Senate and House of Representatives 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 ``Family 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 inserting 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 inserting 
                ``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 individual who--
                            ``(I) is designated as an authorized 
                        representative by an official described in 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 representative is under the direct 
                control.''; and
            (3) by adding at the end the following new paragraph:
            ``(8)(A) Nothing in this section may be construed to 
        authorize the personally identifiable information contained in 
        education records of students to be shared, without the written 
        consent of their parents, 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.''.

SEC. 3. FERPA REGULATIONS.

    (a) Repeals.--The definitions of the terms ``authorized 
representative'', ``early childhood education program'', 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 Secretary 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 Educational Rights and 
Privacy Act of 1974'') on or after the date of enactment of this Act.
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