Union Calendar No. 45

104TH CONGRESS

1ST SESSION H. R. 1271

[Report No. 104–94]

A BILL

To provide protection for family privacy.

MARCH 29, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 45

104TH CONGRESS

1ST SESSION H. R. 1271

[Report No. 104–94]

To provide protection for family privacy.

IN THE HOUSE OF REPRESENTATIVES

MARCH 21, 1995

Mr. HORN (for himself, Mr. CLINGER, Mr. BASS, Mr. BLUTE, Mr. DAVIS, Mr.

FLANAGAN, Mr. FOX of Pennsylvania, Mr. SCARBOROUGH, and Mr.

TATE) introduced the following bill; which was referred to the Committee

on Government Reform and Oversight

MARCH 29, 1995

Additional sponsors: Mr. GILMAN, Mr. BURTON of Indiana, Mr. SHAYS, Mr.

ZELIFF, Mr. SHADEGG, and Mr. MARTINI

MARCH 29, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 21, 1995]

A BILL

To provide protection for family privacy.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Family Privacy Protec3 tion Act of 1995’’.

4 SEC. 2. FAMILY PRIVACY PROTECTION.

5 (a) RESTRICTION ON SEEKING INFORMATION FROM

6 MINORS.—Notwithstanding any other provision of law and

7 subject to section 6, in conducting a program or activity

8 funded in whole or in part by the Federal Government a

9 person may not, without the consent of at least one parent

10 or guardian of a minor or, in the case of an emancipated

11 minor, the prior consent of the minor, require or otherwise

12 seek the response of the minor to a survey or questionnaire

13 intended to elicit information concerning any of the follow14 ing:

15 (1) Parental political affiliations or beliefs.

16 (2) Mental or psychological problems.

17 (3) Sexual behavior or attitudes.

18 (4) Illegal, antisocial, or self-incriminating be19 havior.

20 (5) Appraisals of other individuals with whom

21 the minor has a familial relationship.

22 (6) Relationships that are legally recognized as

23 privileged, including those with lawyers, physicians,

24 and members of the clergy.

25 (7) Religious affiliations or beliefs.
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1 (b) GENERAL EXCEPTIONS.—Subsection (a) shall not

2 apply to any of the following:

3 (1) The seeking of information for the purpose of

4 a criminal investigation or adjudication.

5 (2) Any inquiry made pursuant to a good faith

6 concern for the health, safety, or welfare of an indi7 vidual minor.

8 (3) Administration of the immigration, internal

9 revenue, or customs laws of the United States.

10 (4) The seeking of any information required by

11 law to determine eligibility for participation in a

12 program or for receiving financial assistance.

13 (c) EXCLUSION OF ACADEMIC PERFORMANCE TESTS

14 FROM RESTRICTIONS.—Any restriction under any provi15 sion of Federal law on the seeking of information from mi16 nors through surveys, questionnaires, analyses, or evalua17 tions shall not apply to any test intended to measure aca18 demic performance.

19 SEC. 3. NOTIFICATION PROCEDURES.

20 The head of any Federal department or agency which

21 provides funds for any program or activity involving the

22 seeking of any response from a minor to any survey or ques23 tionnaire shall establish procedures by which the depart24 ment, agency, or its grantees shall notify minors and their

25 parents of protections provided under this Act. The proce-
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1 dures shall also provide for advance public availability of

2 each questionnaire or survey to which a response from a

3 minor is sought.

4 SEC. 4. COMPLIANCE.

5 The head of each Federal department or agency shall

6 establish such procedures as are necessary to ensure compli7 ance with this Act and the privacy of information obtained

8 pursuant to this Act by the department or agency and its

9 grantees. Nothing in this Act shall be construed to foreclose

10 any individual from obtaining judicial relief if requested

11 monetary damages are not in excess of $500.

12 SEC. 5. MINOR DEFINED.

13 In this Act, the terms ‘‘minor’’ and ‘‘emancipated

14 minor’’ will be defined under the laws of the State in which

15 the individual resides.

16 SEC. 6. APPLICATION.

17 This Act does not apply to any program or activity

18 which is subject to the General Education Provisions Act

19 (20 U.S.C. 1221 et seq.).

20 SEC. 7. EFFECTIVE DATE.

21 This Act shall take effect 90 days after the date of the

22 enactment of this Act.