IIA

104TH CONGRESS

1ST SESSION H. R. 1271

IN THE SENATE OF THE UNITED STATES

APRIL 5, 1995

Received; read twice and referred to the Committee on Governmental Affairs

AN ACT

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Family Privacy Protec5 tion Act of 1995’’.
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1 SEC. 2. FAMILY PRIVACY PROTECTION.

2 (a) RESTRICTION ON SEEKING INFORMATION FROM

3 MINORS.—Notwithstanding any other provision of law and

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

5 funded in whole or in part by the Federal Government

6 a person may not, without the prior written consent of

7 at least one parent or guardian of a minor or, in the case

8 of an emancipated minor, the prior consent of the minor,

9 require or otherwise seek the response of the minor to a

10 survey or questionnaire which is intended to elicit, or has

11 the effect of eliciting, information concerning any of the

12 following:

13 (1) Parental political affiliations or beliefs.

14 (2) Mental or psychological problems.

15 (3) Sexual behavior or attitudes.

16 (4) Illegal, antisocial, or self-incriminating be17 havior.

18 (5) Appraisals of other individuals with whom

19 the minor has a familial relationship.

20 (6) Relationships that are legally recognized as

21 privileged, including those with lawyers, physicians,

22 and members of the clergy.

23 (7) Religious affiliations or beliefs.

24 (b) GENERAL EXCEPTIONS.—Subsection (a) shall not

25 apply to any of the following:
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1 (1) The seeking of information for the purpose

2 of a criminal investigation or adjudication.

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

4 concern for the health, safety, or welfare of an indi5 vidual minor.

6 (3) Administration of the immigration, internal

7 revenue, or customs laws of the United States.

8 (4) The seeking of any information required by

9 law to determine eligibility for participation in a pro10 gram or for receiving financial assistance.

11 (c) ACADEMIC PERFORMANCE TESTS.—Subsection

12 (a) shall not apply to tests intended to measure academic

13 performance except to the extent that questions in such

14 tests would require a minor to reveal information listed

15 in a paragraph of subsection (a).

16 SEC. 3. NOTIFICATION PROCEDURES.

17 The head of any Federal department or agency which

18 provides funds for any program or activity involving the

19 seeking of any response from a minor to any survey or

20 questionnaire shall establish procedures by which the de21 partment, agency, or its grantees shall notify minors and

22 their parents of protections provided under this Act. The

23 procedures shall also provide for advance public availabil24 ity of each questionnaire or survey to which a response

25 from a minor is sought.
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1 SEC. 4. COMPLIANCE.

2 The head of each Federal department or agency shall

3 establish such procedures as are necessary to ensure com4 pliance with this Act and the privacy of information ob5 tained pursuant to this Act by the department or agency

6 and its grantees. Nothing in this Act shall be construed

7 to foreclose any individual from obtaining judicial relief.

8 SEC. 5. MINOR DEFINED.

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

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

11 the individual resides.

12 SEC. 6. APPLICATION.

13 This Act does not apply to any program or activity

14 which is subject to the General Education Provisions Act

15 (20 U.S.C. 1221 et seq.).

16 SEC. 7. EFFECTIVE DATE.

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

18 the enactment of this Act.

Passed the House of Representatives April 4, 1995.

Attest: ROBIN H. CARLE,

Clerk.