S. 5408 — Introduced in Senate

II 119th CONGRESS 2d Session S. 5408 IN THE SENATE OF THE UNITED STATES September 16, 2026Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a prohibition for certain disclosures of personally identifiable information under the Family Educational Rights and Privacy Act of 1974. 1. Short title This Act may be cited as the Student Voter Data Protection Act. 2. Disclosures related to voting 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) is amended by adding at the end the following: (k) No funds shall be made available under any applicable program to any postsecondary educational institution that discloses personally identifiable information (including through sale or transfer), including directory information, from a student for the purpose of measuring voter registration or the voting rates of students enrolled at a postsecondary educational institution, without the prior, informed, written consent of the student provided in a manner consistent with section 99.30 of title 34, Code of Federal Regulations (or any successor regulations). . 3. Prohibition on sale of directory information for postsecondary education students Section 444(a)(5) of the General Education Provisions Act (20 U.S.C. 1232g(a)(5); commonly referred to as the ‘Family Educational Rights and Privacy Act of 1974’) is amended— (1) in subparagraph (B), by striking Any educational agency or institution and inserting Subject to subparagraph (C), any educational agency or institution; and (2) by adding at the end the following: (C) Notwithstanding any other provision of this section, no funds shall be made available under any applicable program to any educational institution that is a postsecondary educational institution that sells the personally identifiable education records, including directory information, of a student without the prior, informed, written consent of the student provided in a manner consistent with section 99.30 of title 34, Code of Federal Regulations (or any successor regulations). .