H.R. 9134: Protecting Student Privacy Act

This bill, known as the Protecting Student Privacy Act, aims to amend the Higher Education Act of 1965 to ensure that personally identifiable information (PII) provided during the Free Application for Federal Student Aid (FAFSA) cannot be used for immigration enforcement purposes. Here are the main points of the legislation:

Key Provisions

• Prohibition on Sharing Information: The bill explicitly states that no federal student aid information can be shared with the Department of Homeland Security or any other federal agency involved in immigration enforcement, as well as with state or local agencies that have agreements with immigration authorities, for the purpose of enforcing immigration laws.
• Exemptions: There are two main exceptions to this prohibition:
  • Information can be disclosed if there is a court order related to a criminal offense involving the student.
  • If the student or another individual whose information is being disclosed voluntarily and expressly consents to the sharing of their information.
• Coercion Prohibition: Consent cannot be obtained under coercion. If an agency pressures a student to give consent for disclosing federal student aid information, that consent would not be valid.
• Reporting Requirements: If improper disclosures occur, the Secretary of Education is required to report the incident to Congress. This report must include details about the circumstances and nature of the disclosed information and the actions taken to address the violation.
• Supercession of Other Laws: This legislation would take precedence over any other federal, state, or local laws that would otherwise allow for the disclosure of federal student aid information in violation of this act.

Definitions

• Federal Student Aid Information: Refers to any personally identifiable information concerning a student or their contributors that is submitted for financial aid purposes.
• Contributor Individual: Includes any individual (like a parent or spouse) whose financial information is required for student aid applications.
• Immigration Enforcement: Encompasses actions such as arrests, interviews, and searches conducted for immigration law enforcement.
• Immigration Laws: Defined as per the Immigration and Nationality Act.

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