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[Journal of the House of Representatives, 1995]
[Tuesday, April 4, 1995 (55), Para 55.18 Roll No. 286]
[Pages 531-532]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.55.18                   [Roll No. 286]

                                AYES--131

     Allard
     Archer
     Armey
     Bachus
     Baker (CA)
     Ballenger
     Barr
     Bartlett
     Barton
     Bateman
     Bevill
     Bono
     Browder
     Bryant (TN)
     Bunning
     Burton
     Buyer
     Callahan
     Canady
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Collins (GA)
     Combest
     Condit
     Cooley
     Costello
     Cox
     Cramer
     Crane
     Crapo
     Cubin
     Cunningham
     DeLay
     Diaz-Balart
     Dickey
     Doolittle
     Dornan
     Dreier
     Duncan
     Emerson
     Everett
     Fields (TX)
     Flanagan
     Forbes
     Fox
     Frisa
     Funderburk
     Gekas
     Goss
     Graham
     Gutknecht
     Hall (TX)
     Hancock
     Hansen
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hilleary
     Hoke
     Hostettler
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Johnson, Sam
     Jones
     King
     Kingston
     Laughlin
     Lewis (KY)
     Lightfoot
     Linder
     Lucas
     Manzullo
     McInnis
     McKeon
     Metcalf
     Montgomery
     Moorhead
     Myers
     Myrick
     Nethercutt
     Neumann
     Orton
     Packard
     Parker
     Paxon
     Peterson (MN)
     Petri
     Pombo
     Poshard
     Quillen
     Roberts
     Rohrabacher
     Roth
     Royce
     Salmon
     Sanford
     Scarborough
     Schaefer
     Seastrand
     Sensenbrenner
     Shadegg
     Skelton
     Smith (TX)
     Smith (WA)
     Solomon
     Spence
     Stearns
     Stenholm
     Stockman
     Stump
     Talent
     Tanner
     Tate
     Tauzin
     Taylor (MS)
     Thornberry
     Tiahrt
     Wamp
     Watts (OK)
     Weldon (FL)
     Weller
     Wicker
     Wolf
     Young (AK)

                                NOES--291

     Abercrombie
     Ackerman
     Andrews
     Baesler
     Baker (LA)
     Baldacci
     Barcia
     Barrett (NE)
     Barrett (WI)
     Bass
     Becerra
     Beilenson
     Bentsen
     Bereuter
     Berman
     Bilbray
     Bilirakis
     Bishop
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bonior
     Borski
     Boucher
     Brewster
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Brownback
     Bryant (TX)
     Bunn
     Burr
     Calvert
     Camp
     Cardin
     Castle
     Chapman
     Chrysler
     Clay
     Clayton
     Clement
     Clinger
     Clyburn
     Coble
     Coleman
     Collins (IL)
     Collins (MI)
     Conyers
     Coyne
     Cremeans
     Danner
     Davis
     de la Garza
     Deal
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Dicks
     Dixon
     Doggett
     Dooley
     Doyle
     Dunn
     Durbin
     Edwards
     Ehlers
     Ehrlich
     Engel
     English
     Ensign
     Eshoo
     Evans
     Ewing
     Farr
     Fattah
     Fawell
     Fazio
     Fields (LA)
     Filner
     Flake
     Foglietta
     Foley
     Fowler
     Frank (MA)
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frost
     Furse
     Gallegly
     Ganske
     Gejdenson
     Gephardt
     Geren
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goodlatte
     Goodling
     Gordon
     Green
     Greenwood
     Gunderson
     Gutierrez
     Hall (OH)
     Hamilton
     Harman
     Hastert
     Hastings (FL)
     Hefner
     Heineman
     Hilliard
     Hinchey
     Hobson
     Hoekstra
     Holden
     Horn
     Houghton
     Hoyer
     Jackson-Lee
     Jacobs
     Jefferson
     Johnson (CT)
     Johnson (SD)
     Johnson, E. B.
     Johnston
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kim
     Kleczka
     Klink
     Klug
     Knollenberg
     Kolbe
     LaFalce
     LaHood
     Lantos
     Latham
     Lazio
     Leach
     Levin
     Lewis (CA)
     Lewis (GA)
     Lincoln
     Lipinski
     Livingston
     LoBiondo
     Lofgren
     Longley
     Lowey
     Luther
     Maloney
     Manton
     Markey
     Martinez
     Martini
     Mascara
     Matsui
     McCarthy
     McCrery
     McDermott
     McHale
     McHugh
     McIntosh
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Meyers
     Mfume
     Mica
     Miller (CA)
     Miller (FL)
     Mineta
     Mink
     Moakley
     Molinari
     Mollohan
     Moran
     Morella
     Murtha
     Nadler
     Neal
     Ney
     Norwood
     Nussle
     Oberstar
     Olver
     Ortiz
     Owens
     Oxley
     Pallone
     Pastor
     Payne (NJ)
     Payne (VA)
     Pelosi
     Peterson (FL)
     Pickett
     Pomeroy
     Porter
     Portman
     Pryce
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Reed
     Regula
     Richardson
     Riggs
     Rivers
     Roemer
     Rogers
     Ros-Lehtinen
     Rose
     Roukema
     Roybal-Allard
     Sabo
     Sanders
     Sawyer
     Saxton
     Schiff
     Schroeder
     Schumer
     Scott
     Serrano
     Shaw
     Shays
     Shuster
     Sisisky
     Skaggs
     Skeen
     Slaughter
     Smith (MI)
     Smith (NJ)
     Souder
     Spratt
     Stark
     Stokes
     Studds
     Stupak
     Taylor (NC)
     Tejeda
     Thomas
     Thompson
     Thornton
     Thurman
     Torkildsen
     Torricelli
     Towns
     Traficant
     Tucker
     Upton
     Velazquez
     Vento
     Visclosky
     Volkmer
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Ward
     Waters
     Watt (NC)
     Waxman
     Weldon (PA)
     White
     Whitfield
     Williams
     Wilson
     Wise
     Woolsey
     Wyden
     Wynn
     Yates
     Young (FL)
     Zeliff
     Zimmer

                             NOT VOTING--12

     Coburn
     Dingell
     Ford
     Largent
     LaTourette
     McCollum
     McDade
     Minge
     Obey
     Reynolds
     Rush
     Torres

[[Page 532]]

  So the amendments en bloc were not agreed to.
  After some further time,
  The SPEAKER pro tempore, Mr. BARRETT of Nebraska, assumed the Chair.
  When Mr. KNOLLENBERG, Chairman, pursuant to House Resolution 125, 
reported the bill back to the House with an amendment adopted by the 
Committee.
  The previous question having been ordered by said resolution.
  The following amendment, reported from the Committee of the Whole 
House on the state of the Union, was agreed to:

       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Family Privacy Protection 
     Act of 1995''.

     SEC. 2. FAMILY PRIVACY PROTECTION.

       (a) Restriction on Seeking Information From Minors.--
     Notwithstanding any other provision of law and subject to 
     section 6, in conducting a program or activity funded in 
     whole or in part by the Federal Government a person may not, 
     without the prior written consent of at least one parent or 
     guardian of a minor or, in the case of an emancipated minor, 
     the prior consent of the minor, require or otherwise seek the 
     response of the minor to a survey or questionnaire which is 
     intended to elicit, or has the effect of eliciting, 
     information concerning any of the following:
       (1) Parental political affiliations or beliefs.
       (2) Mental or psychological problems.
       (3) Sexual behavior or attitudes.
       (4) Illegal, antisocial, or self-incriminating behavior.
       (5) Appraisals of other individuals with whom the minor has 
     a familial relationship.
       (6) Relationships that are legally recognized as 
     privileged, including those with lawyers, physicians, and 
     members of the clergy.
       (7) Religious affiliations or beliefs.
       (b) General Exceptions.--Subsection (a) shall not apply to 
     any of the following:
       (1) The seeking of information for the purpose of a 
     criminal investigation or adjudication.
       (2) Any inquiry made pursuant to a good faith concern for 
     the health, safety, or welfare of an individual minor.
       (3) Administration of the immigration, internal revenue, or 
     customs laws of the United States.
       (4) The seeking of any information required by law to 
     determine eligibility for participation in a program or for 
     receiving financial assistance.
       (c) Academic Performance Tests.--Subsection (a) shall not 
     apply to tests intended to measure academic performance 
     except to the extent that questions in such tests would 
     require a minor to reveal information listed in a paragraph 
     of subsection (a).

     SEC. 3. NOTIFICATION PROCEDURES.

       The head of any Federal department or agency which provides 
     funds for any program or activity involving the seeking of 
     any response from a minor to any survey or questionnaire 
     shall establish procedures by which the department, agency, 
     or its grantees shall notify minors and their parents of 
     protections provided under this Act. The procedures shall 
     also provide for advance public availability of each 
     questionnaire or survey to which a response from a minor is 
     sought.

     SEC. 4. COMPLIANCE.

       The head of each Federal department or agency shall 
     establish such procedures as are necessary to ensure 
     compliance with this Act and the privacy of information 
     obtained pursuant to this Act by the department or agency and 
     its grantees. Nothing in this Act shall be construed to 
     foreclose any individual from obtaining judicial relief.

     SEC. 5. MINOR DEFINED.

       In this Act, the terms ``minor'' and ``emancipated minor'' 
     will be defined under the laws of the State in which the 
     individual resides.

     SEC. 6. APPLICATION.

       This Act does not apply to any program or activity which is 
     subject to the General Education Provisions Act (20 U.S.C. 
     1221 et seq.).

     SEC. 7. EFFECTIVE DATE.

       This Act shall take effect 90 days after the date of the 
     enactment of this Act.

  The bill, as amended, was ordered to be engrossed and read a third 
time, was read a third time by title.
  The question being put, viva voce,
  Will the House pass said bill?
  The SPEAKER pro tempore, Mr. BARRETT of Nebraska, announced that the 
yeas had it.
  Mr. CLINGER demanded a recorded vote on passage of said bill, which 
demand was supported by one-fifth of a quorum, so a recorded vote was 
ordered.
  The vote was taken by electronic device.

It was decided in the

Yeas

418

affirmative

Nays

7
```