II
Calendar No. 565
104TH CONGRESS
2D SESSION
H. R. 1271
[Report No. 104–351]
IN THE SENATE OF THE UNITED STATES
APRIL 5, 1995
Received; read twice and referred to the Committee on Governmental Affairs
AUGUST 2, 1996
Reported by Mr. STEVENS, without amendment
AN ACT
To provide protection for family privacy.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 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 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 pro-
gram 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 de-
partment, agency, or its grantees shall notify minors and
their parents of protections provided under this Act. The
procedures shall also provide for advance public availabil-
ity 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 com-
pliance with this Act and the privacy of information ob-
tained 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.
Passed the House of Representatives April 4, 1995.
Attest:
ROBIN H. CARLE,
Clerk.