I
104TH CONGRESS
1ST SESSION
H. R. 1271
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
A BILL
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 consent of at least one par-
ent or guardian of a minor or, in the case of an emanci-
pated 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 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) EXCLUSION OF ACADEMIC PERFORMANCE TESTS
FROM RESTRICTIONS.—Any restriction under any provi-
sion of Federal law on the seeking of information from
minors through surveys, questionnaires, analyses, or eval-
uations shall not apply to any test intended to measure
academic 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
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.
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 by the department or agency and
its grantees. Nothing in this Act shall be construed to
foreclose any individual from obtaining judicial relief if re-
quested 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.
Æ