[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1271 Reported in House (RH)]





                                                  Union Calendar No. 45

104th CONGRESS

  1st Session

                               H. R. 1271

                          [Report No. 104-94]

_______________________________________________________________________

                                 A BILL

               To provide protection for family privacy.

_______________________________________________________________________

                             March 29, 1995

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                  Union Calendar No. 45
104th CONGRESS
  1st Session
                                H. R. 1271

                          [Report No. 104-94]

               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

                             March 29, 1995

Additional sponsors: Mr. Gilman, Mr. Burton of Indiana, Mr. Shays, Mr. 
                  Zeliff, Mr. Shadegg, and Mr. Martini

                             March 29, 1995

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               21, 1995]

_______________________________________________________________________

                                 A BILL


 
               To provide protection for family privacy.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 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 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) Exclusion of Academic Performance Tests From Restrictions.--Any 
restriction under any provision of Federal law on the seeking of 
information from minors through surveys, questionnaires, analyses, or 
evaluations 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 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 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.