SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Family Privacy Protec-
tion 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 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
intended to elicit information concerning any of the follow-
ing:
(1) Parental political affiliations or beliefs.
(2) Mental or psychological problems.
(3) Sexual behavior or attitudes.
(4) Illegal, antisocial, or self-incriminating be-
havior.
(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 indi-
vidual 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) EXCLUSION OF ACADEMIC PERFORMANCE TESTS
FROM RESTRICTIONS.—Any restriction under any provi-
sion of Federal law on the seeking of information from mi-
nors through surveys, questionnaires, analyses, or evalua-
tions shall not apply to any test intended to measure aca-
demic performance.
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 ques-
tionnaire shall establish procedures by which the depart-
ment, agency, or its grantees shall notify minors and their
parents of protections provided under this Act. The proce-
dures 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 compli-
ance 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 if requested
monetary damages are not in excess of $500.
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.