ESTABLISHING PRIVACY PROTECTION COMMISSION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700150052-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 12, 2016
• Document Release Date: January 11, 2002
• Sequence Number: 52
• Publication Date: December 11, 1974
• Content Type: OPEN

Approved For Release 2002/01/28 : CIA-RDP76M00527R000700150052-1
- December 11, 1974 CONGR ESSIONAL RECORD HOUSE
of water iivrtilabllity fire required to be
prhited in the Federal Register.
The conference committee modified sec-
tion 10 of the House amesidniein to imilude
I lie loll songs, of legal sorshroints which
apply o the coissumplive use of water. Tile
cdannititee recognizes that he holy of Siii.site
wait Federal law ?vhicit protests vditer rights
is vital to the sociril and ecoliomis stability
of vest res ions of the Maisel. t is eimcn-
tial that choices and dticisions matte con-
cerning the future of national energy pro-
duction give I tilt consideration. to the irn-
, pacts which new Ellf,rgy ..101:C.10p1HCDAS will
WINO upon water resources and indirectly
I upon other uses of water. State and Federal
- legal constraints upon the use of water must
be observed in energy-related decisions to in-
sine that they do not disrupt other equally
! important social objectives.
ENERGY-RELATED INVENTIONS
The language In section 105 of the Senat
bill directed the National Science Founda
lion to evaluate promising energy-related in
ventions. There was no comparable provisim
iii the House amendment. The conferene
substitute in section 14 follows the Serial
Provision but designates the National Bosom
of Standards as the responsible egency. A
ranee with similar functions for invention
in general has existed within NBS for oyes
iii t' years. The conference committee fit-
as. is NBS to keep ERDA currently advise
promising' leventions which should b
considered for inclusion in the energy re
search, development, and demonstration
programs-.
REPORTS 'TO CONGRE9S
The Senate bill contained in section 119
and subsection 122(c) provides for annual
reports to Congress, including the activith
of the previous calendar year. The House
amendment (section 6) required an annual
report no Inter than sixty days from the end
of the liscal year detailing the activities dur-
ing the current fiscal year and no later
than ninety legislotive days prior to each
fiscal year an annual report setting forth a
Cie ifd led program lor energy retie:trek and
development, Six general aspects of the pro-
gram objectives and impact were required to
be discussed in the report.
The conference sub:dilute requires the Ad-
ministrator to submit is report to the Con-
gress concurrent with the submission of the
President's annual budget to the Congress.
The Administrator Is directed to report the
activities carried out pursuant to this Act
U uring the preeedirig fiscal year and to revise
annually the condirdhensive energy research,
development, and demonstratillit plan and
the oomprehertsive . nonnuclear energy re-
search, developineuts and demonstration pro-
gram prepared purmant to section 6. The
same six general II/Teets of the prograns
jectives and Impact are required to be ed-
dressed in the report. A provision was in-
cluded to avoid duplication with the report-
ing requirements of the Energy Reorganiza-
tion Act of 1071 relating to nonnuclear
energy.
APPROPRIATION AUTHORIZATION
The appropriations provisions (subsections
122 (a) and (b) ) of the Senate bill as passed
were substantially outdated by the passage
of the Energy ReurgaidzatIon Act of 1974 and
by the expenditures for nonnuclear energy
research mid development in the current fis-
cal year, Section 13 of the Rouse amendment
provided for authorization tor .appropriation
to the Administrator only Buell sums as the
Congress nosy hereafter itothorize by law
with fund transfers antliosiged for the C0011-
(711 on Environmental Quality ancl the Water
Resources Council. The conference commit-
tee adopted these provisions as subsection 16
(a) and (b). The conference substitute pro-
vision in Subsection 16(c) is a revision of
subsectton I3(c) of the Hotlbe amendment
1.0 conform to the provisiims of section 8 isf
the eon fetti.ce substitute,
P10101113 UDALL,
.1,)NALIIAN 117 HINCHAM,
JOHN P. &Alit RLING.
OLIN TEAGUE,
511I:E MCCORMACK,
PHILIP E. RU PPE,
Joni.; tH.LI.LNIi.ICK,
CHARLES A. MosifErt,
Managers on the Part of the Iloac.
HENRY M. JACKSON,
LEE Micros LF,
J. BENNETT JOHNSTON, Jr.,
FLOYD IC. HASKELL,
GAYLORD NELSON,
MARK HATFIELD,
JAMES L. BUCKLEY,
JAMES A. MoCLiaB,
manogers Olt e Part of thc Senate.
ESTABLISHING PRIVACY PROTEC-
TION COMMISSION
Mr. MOORHEAD of Pennsylvania, Mr.
Speaker, I ask unanimous consent to
take from the Speaker's table the Senate
bill (S. 3418) to establish a Privacy Pro-
tection Commission, to provide manage-
ment systems in Federal agencies and
certain other organizations with respect
to the gathering and disclosure of in-
formation concerning individuals, and
for other purposes, end ask for its im-
mediate considerat ion.
The Clerk read the title of the Senate
bill,
The SPEAKER, Is there objection to
the request of the gentleman from Penn-
sylvania ?
There was no objection.
The Clerk read the Senate bill, as
follows:
S. 3418 ?
Be it Imaeled by the Senate and Home of
Representatives of the United States of
A merien in Congress assembled,
1.11TLE I-- PRIVACY PROTECTION
COMM ISSION
ESTAIFISHMENT OF COMMISSION
SEC, 101, (ft) There is established as an
independent agency of the executive branch
of 1.110 (iOVCrIllilent, the Privacy Protection
Commtssion.
(b) (I) The Commisston -shall be composed
of five members who shall be appointed by
the President, by and with the advice anci
consent of the Senate, from among members
of the public at large who by reason of their
knowledge and expertise h
i any of the fol-
lowing areas: civil rights and liberties, law,
social sciences, and computer technology,
business, and State and local government,
are well qualified for SerVICO on the Com-
MISS1011 and who are not otherwise pincers or
employees of the United States. Not more
than three of the IlleMberS of the Commis-
:idols shall be adherents of the same political
party.
(2) One of the Commissioners shall be ap-
pointed Chairman by the President.
(3) A Commissioner fuspointed es Chair-
man shall serve as CIL:111'1MM until the ex-
piration of his term as a Commissioner of
the Commission. (except that he may con-
tinue to serve as Chairman for so long as he
remains a Coniuniisi, ii,1 icr and Ids successor
es Chairman has not taken ofilee). An In-
dividual. iriay be appointed RS a COMMISS1011Or
at the canoe time he is appointed Chairman.
(c) The Chairman shall preside at all meet-
ings of the Commission and a quorum for
the transaction of business shall consist of
Id; least three members present (but the
II 11661
Chairmen may designate an Acting Chair-
man who may preside in the absence of the
Glutirman), hach member of the Commission,
111(4:1C11..0g the Chairman, shall have equal
responsibility and adthority In all decisions
and awicins of the Commission, shall have
full access to all information relating to tile
perforitenice of his duties or responsibilities,
and shall have one vote. Action of the Com-
mission hall be determined by a majority
vote at the members present. The Chairman
or Act rig Chairman) shall be the onicial
spokesimad of the Commission in its relations
with the Congress, Government agencies, per-
sons, or the public, and, on behalf of the
Commission, shall Bee to the faithful execu-
tion of the policies and decisions of the Com-
mission, and shall report thereon to the Com-
mission from time to time or as the COM-
1111SS1011, may direct.
(d) Each Commissioner shall be compen-
sated at the rate provided for under section
5311 of title 5 of the United States Code,
relating to level IV of the Executive Schedule.
(e) Commissioners shall serve for terms of
three years. No Commissioner may serve moro
than two terms. Vacancies in the membership
of the Commission shall be lilted in the semi:
manner In which the original appointment
wits made.
(f) Vacancies In the membership of the
Commission, as long as there are three Com-
missioners la office, shall not impair the
power of the Commission to execute the -
functions and powers of the Commission.
(g) The members of the Commission shall
not engage in any other employment during
their tenure as members of the Commis-
skin.
(h) 11) Whenever the Commission submits
any budget estimate or request to the Presi-
dent or the Oince of Management and Midg-
et, it shall concurrently transmit a copy of
that request to Congress.
(2) Whenever the Commission submits any
legislative recommeitdations, or testimony,
or comments on legislation to the President
or Office of Management and Budget, it shell
concurrently transmit a copy thereof to
the Conaress. No officer or agency of the
United States shall have any authority to
require the Commission to submit its legis-
lative recommendations, or testimony, or
comments on legislation, to any officer or
sgency of the United States for approval,
comments, or review, prior to the submis-
sion of such recommendations, testimony,
or comments to the Congress.
PERSONNEL- OP THE COMMISSION
SEC. 102. (a) (I) The Commission shall ap-
point an Executive Director who shall per-
form such duties as the Commission may de-
termine. Such appointment may be made
without regard to the provisions of title 5,
United States Code.
(2) The Executive Director shall be com-
pensated lit a rate not in excess of maxi-
mum rate for OS-18 of the General Schedule
under section 5332 of title 5, United States
Code.
(b) The Commission is mithorized to ap-
point and fix the compensation of such of-
ficers and employees, and prescribe their
funcUons and duties, as may be necessary
to carry out the provisions of this Act.
(c) The Commission may Obtain the serv-
ices of experts and consultants in accord-
ance with 'the provisions of sections 3109 of
title 5, United States Code,
FUNCTIONS Ot TICE COMMISSION
SEC. 103. (a) The Commission shall?
(1) publish annually a United States Di-
rectory of Information Systems containing
the information specified to provide notice
under section 201(e) (3) of this Act for each
information system subject to the provisions
of this Act and a listing of all statutes which
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II 11662 CONG R ESS IONA I,
require the collGtien of such innemetien
by a Federal agency;
(2) investireite, deiermime sod rspoet any
violation of any provisloo of let or
Rfly regulation adopted (vtefe)
Ii ;be Preaident, the Al terney Onseral, the
Cseteress, and the General Sorvictat Adealn-
let-ration tvbere the dutice oi that oreney
are involved. and to the ('ompteoller Gees
eral when It deems appropriate; a ed
(3) develop model guidelines for the im-
plementation of :this Act, and assiet Federal
agencies in pi marine regulations and meet-
ing -technical and ainillnistrallve require-
ment:3 of title Act.
( b) Upon receipt, of any report required of
a Federal agency describing (1) any pro-
posed Information system or data bank, or
(2) any significant expansion of II/1
In formation system or data bank, integra-
tion of flies, programs for records linkage
within or among agencies, or contrail:01(1mi
of resources and facilities for data process-
ing, the Commission shall--
(A) review such report to determine (I)
the probable or potential effect or such pro-
posal on the privacy and other personal or
property rights of individuels or the con-
ildentiality of in relating to such
individuals, and (11) its effect on the pres-
ervation of the constitutional principles of
federalism and separation of powers. and
(11) submit findings and make recom-
mendatIone to the President, Conerese, and
the General Services Administration con-
earning the need for legislative authorlzal,lon
DIM administrative tie tion relative to any
such proposed activity in order to meet the
purposes end requirements of this Act.
(e) After rei!,eipt. of any report required
under subeection (h), if the Commission de-
termines fled reports to tile C011RICI;s that a
proposal to establiell or in a data bank
or Information system does not comply with
the standards established by or pursuant to
this Act, the Federal ageecy Inibmittlng such
redort ((hall not proceed to entail! 1st\ or mod-
ffy any snob data bank or tnformatim sys-
tem for ? period ni dlity days from the date
of receipt of noth:e from the Commission
that such data bank or system does not com-
ply with such standerds.
.(d) In addition in its other functions the
CseurnissIon shall? -
(1) to the fulleet extent practicable, con-
Snit with the heads or appropriate depart-
ments, agenclee, and Instrumentalities of the
Federal Government, of State and local gov-
ernments, and other persons In carrying out
the provisions of lids Act and hi conducting
the study'requffed by section IOU of this Act;
(2) perform or came to be performed such
research activities -as may be necessary to
implement; Lille if of this Act, and to assist
Federal agencies. Ii COMplyillg with. the re-
quircinents of eine \ title;
(3) determine v hat specific categories of
Information should be prohibited by statute
from collection by Federal agencies on the
basis that the collection of such information
would violate an -Individual's right of pri-
vacy; ami
(4) prepare model legislation for use by
State and local governmente in establishing
procedures for hat idling, mitintatrilug? and
disseminating: personal Information at the
State and local level and provide such tech-
nical assistance to Slate and local govern-
ments as they rosy require In the preparation
and implementation or such legislation.
CUNFIDENTIAL/TY INFOltMATION
SI.C. IOC (a) Faeli departmeid, agoicy, and
histrunientality of tes. ieo:euttve branch of
the Government, including- each Independent
agency, shall furnish to the Commission,
upon request made by the Chairman, such
data, reports, and other information RS t1.10
Commissiton deems necessary to carry out
Its functions under this Act,
Approved
RECORD? HOUSE December 11, 1974
(li) Ili (',:trying out in, IIII1Ct ions and exer-
cising iii) presers under this Act? the Corn-
ineelon may ilCeept Irom any Federal eeency
or other pertam any alert tellable persontd deta
U such data to eeceneary to Carry out -itch
powers rotd ((mein:mt. In any ease hi a hich
the Coneirdseion attcepts any tench !morale.-
tl011, it SNi/rOlyiAt.l Safeguarda
to lusuic I het lbe coolicientielity of :each 1n
foriention l.c rea.ntained and that upon
it e Iplet ion of the purpoee for which eect: tn-
formation Is reconvert it is dentroyed us' re-
turned to the agency or person from which
IL is obtelned, as appropriate.
POWEIL,r1 OP TUE COMMISSION
SEC. 105. (a) (I) The Commission may, in
carrying out Its functions under this Act,
conduct blIel.1 Inspections, sit and act at
cm-hi times and places, hold such hearings,
take such teelimony, require by subpena the
attendance of such witnesses and the pro-
duction of such books, records, papers, cor-
respondence, and documents, administer
such oaths, have such printing and binding
done, and make such expenditures as the
Commieulon deems advisable. A subpena shall
be issued only upon an affirmative vote of
a majority of all members of the Commlesion.
Sulmentis shah be issued under the signa-
ture of the Chairman or any. member of the
Commiselon designated by the Chairmen
and shall be served by any person designated
by the Chairmen or ally such member. Any
member of the Commis:don may administer
oaths or tiffirmations to witnesses appearing
before the COI11111115Sloll.
(2) in ease of dieobedlence to a suhpena
issued under paragraph (1) of this subsec-
tion, the Commission may invoke the aid of
(my district court of the United States in re-
quiring compliance with such subpena. Any
ills t.r let coUrt of the United States withhi the
jurledletion where such person Is found or
transacta business may, in case of contumacy
or refused to obey a subpena Issued by the
Commission, issue an ostler requiring such
person to appear and testify, to produce such
books, records, papers, correspondence, and
documents, and any rellure to obey the order
of the court shall be punished by the court
as a contempt thereof.
(a) Appearances by the Commission under
I his Act shell 1.)e iii its own name. 'The
Commiesion shall be represented by attorneys
designated by It.
(4) seetion P001(1) of title 18, United
States Code, is amended by insert ing
ltisnue-
that after "Securities and Excludige COM-
1111salon," the followlee; "the PrIviicy Protec-
tion Commission,".
(b) The Commission may delegate any of
Its functions to such (officers and employees
of the Commission as the Commission may
designate and may authorize such successive
re:delegations of such functions ris it may
deem desirable.
(0) In order to carry out the provisions of
this Act, the Commission is authorived?.
(I) to adopt, amend, and repeal rules and
regulations governing the manner of Its oper-
ations, organization. and personnel;
(2) to adopt, amend, and repeal Inter-
pretative rules for the Implementation of the
rights, standards, and suftignards provided
under this Act;
(3) to enter into contracts or other ar-
rangements or nmdllicatio?s thereof, with
any government, any agency or department
of the United States, or with any person,
firm, association, or corporation, and Latch
contracts or other arrangements, or modifica-
tions thereof, may be entered Into without
legal consideration, without performance or
other bonds, and without regard to EXCLI011
3709 of the Revised Statutes, as amended
(41 U.S.C. 5);
(4) to make advance, progress, and other
payments which the Commission deems
nu-cc-diary under this Act without regard to
the provisions of section 3548 of the Revised
tatutee, i an; ended (31 U.S.C. 528);
(5) receive complaints of violations of this
Act end regulet ions adopted pursuent there-
to; etid
(di to tette such other action as may be
to c.ary OUt the provisions of this
Act.
c"u;,usmie' TON
,STUDY OF OTIIER GOVERNMENTAL
AND OIEGANWATIONS
2U.:. 103. (a) (I) The Commission shall
;1 study of the data banks, automated
nate processing programs, end Information
systems of governmental, regional, and pri-
vate organizations, hi order to determine the
standards and procedures in force for the
protection of persenal informatien, and to
determine the extent to which those stand-
ards and procedures achieve the purposes of
this Act.
(2) The Commission periodically shall re-
port Its findings to the President and the
Congress and shall complete the study re-
quired by this section not later than three
years 'from the date this Act becomes effec-
tive.
('3) The Commission shall recominend to
the President and the Congress the extent,
if any, to which the requirements and prin-
ciples of this Act should be applied to the
informetion practices of those organizations
by legislation, administrative action, or by
voluntary adoption of such requirements and
principles. In addition, it shall submit such
other legislative recommendations as it may
determine to be necessary to protect the pri-
vacy of individuals while meeting the legiti-
mate needs of government and society for
In formation.
(b) (1.) In the :course of such study and
In its reports, the Comeliest= shall dERInine
and tundyze?
(A) interstate transfer of information
about individuals which Is being Illidertaken
through nianual files or by computer or other
electronic or telecommunications 1110/111a;
(13) data banks (Ind information programs
and systems the operetion of which signif-
icantly or substantially affect the enjoyment
of the privacy and other personal and prop-
City Fights of Individuals;
(C) the use of social security numbers,
license plate numbers, universal Ideu tifiers.
and other symbols to Identify individuals in
data banks and to gain access to, integrate,
or centralize Information systems and files;
"(di)) the matching and analysis of statin-
tient data, such rts Federal census data, with
other sources of personal data, such its fillI0-
1110bde registries and telephone directories,
in order to reconstruct individual responses
to statistical questionnaires for cornmercial
or other purposes. In is way which results
In a violation of the Implied or explicitly rec-
ognized confidentiality of such information,
(2) The Cominission shall inchide In Its
eXalllillatIOII information activities in the
:following areas; medical, insurance, educa-
tion, employment and personnel, credit,
banking and financial institutions, credit
bureaus, the commerciel reporting industry, ?
cable television and other telecommunica-
tions media, travel, hotel, and entertatnineet
reservations, and electronic check proceeming,
Commission may study such oilier Infor-
mation activities necessary to carry mit the
congressional policy embodied in this Act,
except that the Commission shall not inves-
tigate information systems maintained by
religious OrgaIllEat10/18.
(3) In concluding the study, the Commie-
sion
shah?
(A) determine what .laws, Executive orders,
regulations, directives, and judicial decisions
govern the activities under study and the
extent to which they are consistent with the
rights of privacy, due process of las', and
other guarantees in the Constitution;
(D) determine to what extent govern-
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December 11,19n
CONGR ESSIONA L RECORD ? HOUSE 11 11663
mentai and private inSerination ayeleen.
alieet FeriereleStete relations or the principle
o. arpare tires! of powers;
((i) conduc'r through exami)a.fIi 01
in;,oidards end eriterit geversang rogre rag.
pelleics, arid preetices teat leg to the chlac
tim shelling, prececeina. use, acctee,
Integretion, disseminetion, ena Immune :ton
of personailefor mai-acme
(D) to tho InfiXiMUM extent pill lee ifie,
collect and Italia() ;findings, reporte, and
eccommendatione of 'major governmental,
legislative and priveto bodies, institutions,
organizations and Individmils which pertnin
to the problems under study by the Com-
miesion; and
(E) receive and review complaints with
respect to any matter under (study by the
Commission which may be submitted by any
perS011.
REPORTS
SEC. 107. The Commission shall, from time
to time, and in an annual report, report to
the President and the Congress on its activi-
ties in. carrying out the provisions of this
Act. -
TITLE II?STANDATMS AND MANAGE-
MENT SYSTEMS FOR HANDLING IN-
FORMATION RELATING TO INDI-
VIDUALS
SAFEGUARD REQUIREMENTS FOR ADMINISTRATIVE,
INTELLIGENCE, STATISTICAL,REPORTING, AND
RESEARCH PURPOSES
SEC. 201, (a) Each Federal agency shall?
(1) collect, solicit. and maintain only such
personal Information as is relevant and
necessary to accomplish a statutory purpose
of the agency;
(2) collect information to the greatest
extent practicable directly from the subject
individual when the informetion may result
in adverse determinations about an indi-
vidual's rights, benefits, and privileges under
Federal programs; and
(3) inform any Individual requested to
disclose personal Itiformation whether that
disclosure is mroalatery or voluntary, by
what statutory authority it is solicited, what
uses the agency will unlike of it, what penal-
ties and specific consequences for the
individual, which are known to the agency,
will result from nondisclosure, and what
rules of confidentiality will govern the in-
formation.
(b) Each Federal agency that maintains
an information system or Me shall, with
respect to each such system or file?
(1) Insure that personal Information
maintained in the eyatein or file is accurate,
complete, timely, and relevent to the pur-
pose for Which it to collected or maintained
by the agency (a. the time any access is
granted to the file; material is added to or
taken from the file', or at any time It is used
to make a deters-Meal ion affecting the subject
of the file;
(2) refrain from disclosing any such per-
sonal information within the agency other
than to officers or employees who have a need
for Snell personal information in the per-
formance of their duties for the agency;
(3) maintain a list of 01 categories of per-
sons authorived to have regular ROCesS to
personal information in the system or file;
(4) maintain an accurate accounting of
the date, nature, and purpose of all other
access granted to the system or file, tend all
Meier disclosures of person iii information,
made to any person outside the agency, or to
another agency, including the name end ad-
dress or the person or other ftr?Iley to whom
dese10,11re VrilS made or ac-,7e`, 1' .1,, 17roi ied,
except RS provided by -ee :een ta of this
Act;
(5) establieh rules of conduct and notify
and Inetruct ench person involved in the
design, development, operation, or mainte-
nance of the system or tile, or the collection,
use, maintenance, or dissemination of infer-
!nation fihrlIt of the require-
ments oi this Act, Including any rune; rind
procedM'ej adopted 11111.URTH. LE, llas Act cud
tile pemeities for noncomphanee;
(e) eetahlith cIulurru;ui 1. I e administrative,
tecitnleat and phasical salceuards to insure
the security Of the in ayetem aml
COD tide iLl+ y of person Si in forms sloti a ad
to pica ees needled any antic:mated three's or
hazerde to tb ir eeeurity or integrity which
canal result In substantial berm, elnigtrrimi!;-
went, inconvenience, Or unfairness to any
individuel on whom personal information is
maintained; and
(7) establish no program for the purpose
of collecting or maintaining information de-
scribing how Individuals exercise rights guar-
anteed by the first amendment unless the
head of the agency epecificelly deterInines
that such information is reit:Vent end neces-
sary to carry out a statutory purpose of the
agency.
(c) Any Federal agency that maintains an
information system or file shall?
(1) make available for distribution upon
the request of rmy person a statement of the
existence and character of each such system
or file;
(2) on the date on which this Act becomes
effective and annually thereafter, notify the
Commission and give public notice of the
existence and character of each existing sys-
tem or file simultaneously, and cause such
notice to be published in the Federal Register
and
(3) incifide in such notices at least the
following information:
(A) name and location of the system or
(13) 'nature and purposes of the system or
file;
(0). categories of individuals on whom
personal information is mainiedned and cate-
gories of personal information generally
maintained in the syetem . or file, including
the nature of tlw information and the ap-
proximate number of individuals on whom
information is maintained; -
(D) the emuldentittlity requirements and
the extent to which access controls apply to
such information;
(E) categories of sources of such personal
information;
(F) the Federal agency's policies and prac-
tices regarding Implementation of sections
201 and 202 of this Act, information storage,
duration of retention of information, and
elimination of such information from the
system or file;
(0) uses made by the agency of the per-
sonal lnformetion contained In the system
or Me;
(H) identity of other agencies and cate-
gOriCS of persons to whom disclosures of per-
sonal information are made, Or to whom ac-
cess to the system or file may be granted,
together with the purposes therefor and the
administrative constraints, if any, on such
disclosures and access. Including any such
constraints or redimelosnre;
(I) procedures whereby an Individual can
(i) be informed if the system or file contains
personal information pertaining to himself
or herself, (hi gain access to such Informa-
tion. and (Iii) contest the accuracy, com-
pleteness, timeliness, relevance, and neces-
sity for retention of the personal informa-
tion; and
(J) name, title, official address, and tele-
phone number of the officer immediately re-
sponsible for the system or file.
(d) (1) Each Federal agency that main-
tattle an information system or file shall
amino to an individual upon request the fol-
lowing rights:
(A) to be informed of the existence of Any
personal information pertaining to that indi-
vidust;
(B) to have full access to and right to in-
spect the pereersel information in a form
compreheesible to the individual;
(C) to enew the names of all recipients of
inform ii021 alsout (such individual including
the recipient organization mind its relation-
iliam to the eyeacen or file, and the purpose
and date when distributed, unless such in-
formetion it not required to be maintained
pursu art te this a et;
(D) Peoria the sources of personal in-
lormetion if) unleas the confidentiality
of any (men source at required by statute,
then the right to know the nature of such
source; or (U) sinless investigative material
used to determtne tlw suitability, eligibility.
or qualifications for Federal civilian employ-
ment, military service, Federal contracts, or
access to classified Information, is compiled
by a Federal agency in pursuit of an au-
thorized investigative responsibility, and in
the course of compiling such materials, in-
formation prejudicial to the subject of the
investigation is revealed through a source
who furnishes such information to the Gov-
ermuou I sunder the express provision that
the identity of the source will be held in
confidence, and where the disclosure of such
information would identify and be prej-
udicial to the rights of the confidential
source, then the right to know the nature
of such information and to examine that in-
formation if It is found to be nenterial or
relevant to an administrative or judicial
proceeding by a Federiel judge or Federal
administrative officer; Provided, That inves-
tigative material shall not be made available
to promotion boards which are empowered
to promote or advance individuals In Federal
employment, except when the appointment
would be from a noncritical to a critical
eccurity position;
(E) to be accompanied by a person .ehosen
by the individual Inspecting the informa-
tion, except that an agency or other person
may require the Individual to furnish
written statement authortzing discussion of
that individual's file in the person's pres-
ence;
(F) to receive such required dsiclosures
and at reasonable standard charges for docu-
ment duplication, in person Or by mail, if
upon written request, with proper identifica-
tion; and
(0) to be completely informed about the
uses and disclosures made of any such In-
formation contained In any such system or
file except those uses and disclosures made
pursuant to law or regulation permitting
public inspection or copying.
(2) Upon receiving notice that an individ-
ual wishes to challenge, correct, or explain
any personal information about hint. In is
system or file, such Federal agency shall
comply promptly with the following mini-
mum requirements:
(A) inveetigate and record the current
status of the personal information;
(B) correct or eliminate any information
that is found to he incomplete, inaccurate,
not relevant to a statutory purpose of the
agency, not timely or necessary to be re-
tained, or which can no longer be verified;
(C) accept and include in the record of
such information, if the investigation doom
not resolve the dispute, any statement of
reasonable length provided by the Individ-
ual setting forth his position on the dis-
puted information;
(D) lix any subsequent dissemination Or
use of the disputed information, clearly re-
port; the challenge 9.11d supply any supple-
mental statement filed by the individual;
(E) at the request of such individual, fol-
lowing any correction or elimination of
challenged information, inform past recipi-
ents of its elimination or correction; and
(F) not later than sixty days after re-
ceipt Of notice from an individual snaking a
request concerning personal Information,
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make a determthation With respect to such
request and notify the individual of the
neterrnmation and of the individus.l's right.
to a hero-log before an official of the agency
which shall if requested by the individual, be
eonducted RS follows,
1) spell hearing shall be conducted In an
eseeditious manner to resolve the dispute
promptly and shall be held witIne thirty
days of the request and, unless the indi-
vidual requests a formal hearing, shall be
conducted Oct an informal basis, except that
the individual may appear with counsel,
present evidence, and examine and cross-ex-
amine witnesses;
(II) any record found after such a hearing
to be incomplete, inaccurate, not relevant,
not timely nor necessary to be retained, or
which can no longer be verified, :Mall within
thirty days of the date of such findings be
appropriately modified or purged; and
(hi) the action or inaction of any agency
on a request to review and challenge per-
sonal data In its possession as provided by
this section shall be reviewable de novo by
the appropriate United States district court.
An agency may, for good cause, extend the
time for making a. determination under this
subparagraph. The individual affected by
such an extension shall be given notice of
the extension and the reason therefore.
(e) When a Federal agency provides by a
contract, grant, or agreement for, and the
specific creation or substantial alteration, or
the operation by or on behalf of the agency
of an information system or file and the
primary purpose of the grant, contract, Or
agreement is the creation, substantial altera-
tion, or the operation by or on behalf of the
agenc,y of such an information system or file,
the agency shall, consistent with its au-
thority, cause the requirements of subsec-
tions (a), (b), (c), and (d) to be applied to
such system or tile. In cases when contractors
and grantees or parties to an agreement are
public agencies of States or the District of
Columbia or public agencies of political sub-
divisions of States, the requirements of sub-
sections (a), (b), (c), and (d) shall be
deemed to have been met If the Federal
agency determines that the State or the Dis-
trict of Columbia or public agencies of polit-
ical subdivisions of the State have adopted
legislation or regulations which impose simi-
lar requirements.
, (f) (1) Any Federal agency maintaining or
proposing to establish a personal information
system or hie shall prepare and submit a re-
port to the Commission, the General Serv-
ices Administration, and to the Congress on
proposed data banks and information systems
or files, the proposed significant expansion
of existing data banks and information sys-
tems or Mes, integration of files, programs
for records linkage within or among agencies,
or centralisation of resources and facilities
for data processing, which report shall in-
clude?
(A) 'the effects of such proposals on the
rights, 1)enefit:1, al-id privileges of the
vi I' alS en whom personal information is
) a glitt,,(nprit of the software and hard-
%%save featorss wlikti would be required L.I
t'fiNi,teL c.mity if the system or Me and
cooreiet.i.slior oflofer mallets:
4C)
ti,. u,ken .b tiewivqaty to (V..
011,11 fri4 WIC% in their sypaenot.
iiea.eription oft eesultationa with repre-
as-niattvasIt vie National Bun-au of Stand-
ard 4: ROd
In a ere,i,?!!,?i,n at' rhangen In existing
inteiae-sw,- et o ssorernmentai relation-
ships in matters involving the collection,
processing, sharing, exchange, and dissemi-
nation of personal Information.
(2) The Federal agency shall notproceed
to Implement such proposal for a period of
sixty days from date of receipt of notice from
the Commlasion that the proposal does not
comply with the standards established under
Or pormiairt to thIS Act.
(g) Each Federal agency covered by this
Act which maintains an information syatem
or file shall make reasonable efforts to serve
advance notice on cm individual before any
perennial information on such. individual Is
made ttvallsble to fitly person under compul-
sory legal process.
(h) No person may condition the grant-
ing or withholding of any right, privilege,
or benefit, or make itS a condition of employ-
ment the securing by any individual of any
information which such . individual may ob-
tain through the exercise of any right secured
under the provisions of this section.
IIISCLOSURE .sor INFORMATION
SEC. 202. (a) No Pederal agency shall dis-
seminate personal information unless?
(1) it has made written request to the
individual who is the subject of the informa-
tion and obtained his written consent;
(2) the recipient of the personal informa-
tion has adopted rules in conformity with
this Act for maintaining the security of its
information system and files and the confi-
dentiality of personal information contained
therein; and
(3) the information is to be used only for
the purposes set forth by the sender pur-
suant to the requirements for notice under
this Act.
(b) Section 202(a) (1) shall not apply
when disclosure would be?
(1) to those officers and employees of that
agency who have a need for such informa-
tion in ordinary course of the performance
of their duties;
(2) to the Bureau of the Census for pur-
poses of planning or carrying out a Census
or survey pursuant to the provisions of title
13, United States Code: Provided, That such
per8Onal information is transferred or dis-
seminated In a form not Individually identi-
Doable.
(3) where the agency determines that the
recipient of such information has provided
advance adequate written assurance that the
information will be used solely as a statisti-
cal reporting or research record, and Is to be
transferred in a form that is not individ-
ually Identifiable; or
(4) pursuant to a showing of compelling
circumstances affecting health or safety of
an individual, if upon such disclosure noti-
fication Is transmitted to the last known
address of such individual,
(e) Section 201(b) (4) and paragraphs (1),
(2), and (3) of subsection a of this section
shall not apply when disclosure would be to
tho Comptroller General, or any of his au-
thorized representatives, in the course of
the performance of the duties of the General
Accounting Office. Nothing in this Act shall
impair Recess by the Comptroller General, or
any of his authorized representatives, to rec-
ords maintained by an agency, including
records of lrsol1al information, In the
Course of performance of such duties.
(di (1) Nothing in this section shall be
construed to limit the efforts of the Govern-
ment pursuant to the provisions of chapter
36, title 44 of the United States Codo (com-
monly known as the Federal Reports Act)
or any other statute, to reduce the burden
on el wens of collecting information by
means of combining or eliminating unneces-
sary reports, questionnaires, or requests for
information,
(2) Nothing in this section shall be con-
strued to affect restrictions on the exchange
of Information between agencies as required
by chapter 35, title 14 of the United States
Code (commonly known as the Federal Re-
ports Act).
(e) -Subsection (a) (1) of this section shall
not apply when disclosure would be to an-
other agency or to an instrumentality of any
governmental jurisdiction f or a law enforce-
ment acthity if such activity Is authorized
hy statute and if the head of such agency or
I nstrunitrAallty has made a written request
to or has an agreement with the agency
winth maintains the system or file specify-
ing the particular portion of the informa-
tion deeired and the law enforcement ac?
tivity for which the information is sought.
EXEMPTIONS
SEC. 203. (a) The provisions of section 201
(e) (8) (E), (d), and section 202, shall not
apply to any personal information contained
in any information system or file if the
head of the Federal agency determines, in
accordance with the provisions of this sec-
tion, that the application of the provisions
of any of such sections would seriously
damage national defense or foreign policy
or where the application of any of such
provisions would seriously damage or impede
the purpose for which the information is
maintained.
(b) The provisions of section 201(d) and
section 202 shall not apply to law enforce-
ment intelligence information or investiga-
tive information if the head of the Federal
agency determines, in accordance with the
provisions of any of such sections would
seriously damage or Impede the purpose for
which the information 18 maintained: Pro-
vided, That investigatory records shall be
exempted only to the extent that the pro-
duction of such records would (A) inter-
fere with enforcement proceedings, (B) de-
prive a person of a right to a fair trial or
an impartial adjudication, (C) disclose the
Identity of a confidential source, and in the
case of a record compiled by a criminal law
enforcement authority in the course of a
criminal investigation, or by an agency con-
ducting a lawful national security intelli-
gence Investigation, confidential Information
furnished only by the confidential source,
(E) disclose confidential investigative tech-
niques and procedures which are not other-
wise generally known outside the agency,
or (F) endangers the life or physical safety
of law enforcement personnel: Provided fur-
ther, That Investigative information may not
be exempted under this section where suds
information has been maintained for a pe-
riod longer than is necessary to commence
criminal prosecution. Nothing in this Act
shall prohibit the disclosure of such in-
vestigative information to a party in litiga-
tion where required by statute or court
rule.
(c) (1) A determination to exempt any
such system, file, or information may be
made by the head of any such agency in ac-
cordance with the requirements of notice,
publication, and hearing contained In sec-
tions 563 (b), (c), and (e), 558, and 557 of
title 5, United States Code. In giving notice
of an intent to exempt any such system, file,
or information, the head of such agency
shall specify the nature and purpose of the
system, file, or information to be exempted.
(2) Whenever any Federal agency under-
takes to exempt any information system,
file, or information from the provisions of
this Act, the head of such Federal agency
shall promptly notify the Commission of Its
Intent and afford the Commission opportu-
nity to comment.
(3) The exception contained in section 553
(d) of title 5, United States Code (allowing
leas than thirty days' notice), shall not apply
In any determination made or any proceeding
conducted under this section.
ARCHIVAL REColiPS
SEC.-204. (a) Federal agency records which
are accepted by the Administrator of General
Services for storage, processing, and servicing
in accordance with section 3103 of title 44,
United States Code, shall, for time purposes of
them section, be considered to be maintained
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CONGRESSIONAL RECORD ?ITOUSE H 11665
by the agency which deposned the records
RDA ehall be eubject toNal provisions of this
Ace. Thu Admit istretor 01 General Services
ellen not dieelose such record.,. or Lilly IDfor-
Iii: Lion therein, except to the agency wilier).
maintain& Um records or run-meet to rules
esethilehed by that neency.
(i.ej Federrel agency reeorda pertainirig to
id.entiliable individual welels were trans-
ferred to the le:atonal Archives of the Unfied
States as records which have sufficient his-
torical or other value to warrant their con-
tinued preservation by the United States
Government shell for the purposes of this
Act, he considered to be maintained by the
Net:tonal Archives and shell not be subject
to the provisions of this Act except section.
201(b) (5) and (6).
(c) The National Archives shall, on the
date on which this Act becomes effective and
annually thereafter, notify the Commission
and give public notice of tho existence and
character of the Information systems and
files which it maintains, and cause- such
notice to be published in the Federal Register.
Such notice shall include at least the infors
/nation specified under section 201(c) (3)
(A), (13), (D), (E), (F), (Cl), (I), and.
(J)-,
EXCEPTIONS
SEC. 205. (a) No officer or employee Of the
executive branch of the Government shall
rely on any exemption in subchapter II of
chapter 5 of title 5 of the United States Code
(commonly known as the Freedom of Infor-
mation Act) to withhold information relat-
ing to an individual otherwise accessible to
an Individual under this Act.
(b) Nothing in this Act shall be construed
to permit the withholding of any personal
Information which Ls otherwise required to
be disclosed by law or any regulation there-
under.
(c) The provisions of section 201(d) (1) of
this Act shall not apply to records collected
or furnished and used by the Bureau of the
Census solely for statistical purposes or as
authorized by section 8 of title 13, of the
United States Code: Provided, That such per-
sonal information is transferred Or dissemi-
nated in a form not individually Identifiable,
(d) The provisions of this Act shell not
require the disclosure of testing or exami-
nation material used solely to determine in-
dividual qualifications fur appointment or
promotion In the Federal service if the dis-
closure of such material would compromise
the objectivity or :fairness of the testing or
examination process.
(e) The provisions of this Act, with the
exception of s3ectione 20I (a) (2), 201(b) (2),
(3), (4), (5), (6), und (7), 201(c) (2), 201
(c) (3) (A), (13), (D) and (P), and 202(a)
(2) and (3) shall not apply to foreign intelli-
gence information systems or to systems of
personal information involving intelligence
sources and methods designed for protection
from unauthorized disclosure pursuant to 50
'U.S.C.A. 403.
MATIANG LISTS
SEC. 208. (n) Ars individual's name and
address may not be sold or rented by a Fed-
eral agency unless Fiucli action is specifically
authorized by law. This provision shall not
be construed to require the confidentiality of
names and addresees otherwise permitted to
be made public.
(b) Upon written request of any indi-
vidual, any person engaged in interstate
commerce who maintains it, mailing list shall
remove the 111(111,1(1u :11'S oamne and address
from such list.
REGULATIONS
SEC, 207, Each Federal agency subject to the
provisions of this Act shall, not later than
six months after the date on which this Act
becomes effective, promulgate regulations to
Implement the standards, safeguards, and
steceser requirements of this title and such
other regulations its may be oecessitry to im-
plement dos requirements of tide Act.
`LITT ii, ill?IIIIXEle:LANFOlie
DEFINITIONS
301. As used in ibis Act----
(1) the term ?Commeieion" means the
Brivecy PrOteCti011Cit nut) I ui oil;
(2) the term "par,o1n1 Information"
too, its any information that identifies or
describes any characteristic of an Individual,
including, but not limited to, hie education,
financial trensactions, medical history, crim-
inal or employment record, or that affords
a beets for inferring personal characteristics,
such as linger and voice prints, photographs,
or things done by or to such Individual; and
the record of his presence, registration, or
membership In an organization or activity,
or admission to an institution;
(3) the term "individual" means a citizen
of the United States or an alien lawfully ad-
niitted through permanent residence;
(4) the term "information system" means
the total components and operations,
whether automated or manual, by which
personal information, including name or
identifier, is collected, stored, processed, han-
dled, or disseminated by an agency;
(5) the term "file" means a?record or se-
ries of records containing personal informa-
tion about individuals which may be
maintained within an information system;
(3) the term "data bank" MORI'S 'a filo or
series of files pertaining to individuals;
(7) the term "Federal agency" means any
department, agency, instrumentality, or
establiehment in the executive branch of the
Government of the United States arei In-
cludes any officer or employee thereof;
(8) the term "Investigative information"
means information associated with an iden-
tifiable individual compiled by?
(A) an agency in the course of conduct-
ing it criminal investigation of a specific
criminal act where such investigation is pur-
suant to a statutory function of the agency.
Such information may pertain to that crim-
inal act and be derived from reports of in-
formants and Investigators, or from any typo
of surveillance. The term does not include
criminal history information nor does it in-
clude initial reports Med by a law enforce-
ment agency describing a specific incident,
Indexed chronologically and expressly re-
quired by State or Federal statute to be
made public; or
(B) by an agency wItet regulatory jurisdic-
tion which is not a law enforcement agency
In the course of conducting an investigation
of specific activity which falls within the
agency's regulatory jurisdiction. For the
purposes of this paragraph, an "agency with
regulatory jurisdiction" is an agency which
he empowered to enforce any Federal statute
or regulation, the violation of which Hui:ejects
the violator to criminal or civil penalties;
(0) the term "law enforcement intelligence
information" means information associated
with an identifiable individual compiled by
a law enforcement agency in the course of
conducting an investigation of an individual
11.1 anticipation that ho may commit a spe-
cific criminal act, Including information de-
rived front reports of hiformants, Investiga-
tor, or from any type of surveillance. The
term does not include criminal history infor-
mation nor does it include initial reports
filed by a law enforcement agency describ-
ing a specific incident, indexed chronologi-
cally by incident and expressly required by
State or Federal stetute to be made public;
(10) the term "criminal history informa-
tion" means information on an individual
consisting of notations of arrests, detentions,
indictments, information% or other formal
criminal charges and any disposition arising
front those arrests, detentions, indietmitiemu is,
illf0111111U011S, or charges. 'The term shall not
Include an original book of entry or police
blotter maintained by a law enforcement
neency at the place of an original arrest or
piece of detention, indexed chronologically
and requirect to be made public, nor shall it
include court records of public criminal pro-
ceedings iedexed chronologically; and
(11) the term "law enforcement agency"
means an agency whose employees or agents
are empowered by Slate or Federal law to
melee erreids for violations of State or Fed-
eral law.
CRIMINAL PENALTY '
SEC, 302. (a) An officer or employee of any
Federal agency who willfully keeps an infor-
mal-ion system without meeting the notice
requirements of this Act set forth in sec-
tion 201(e) shall be fined not more than
$2,000 in each instance or imprisoned not
snore than two years, or both.
(b) Whoever, being an officer or employee
of the Commission, shall disseminate any
Personal information about any individual
obtained in the course of such officer or em-
ployee's duties in any manner or for any
purpose not specifically authorized by law
shall be fined not more titan $10,000, or im-
prisoned not more than five years, or both.
CIVIL REMEDIES
SEC. 303. (a) Any individual who is denied
access to information required to be dis-
closed under the provisions of this Act may
bring a civil action In the appropriate dis-
trict court of the United States for damages
or other appropriate relief against the Fed-
eral agency which denied D.C.Cess to such
In form ation.
(b) The Attorney General of the United
States, or any aggrieved person, may bring
au action in the appropriate United States
district court against any person who Is en-
gaged or Is about to engage in any acts or
practices in violation of the provisions of
this Act, to enjoin such acts or practices.
(c) The United States shall be liable for
the actions or 0111ISSIMIS of any oilier or
employee of the Government who violates
the provisions of this Act, or any rule, regu-
lation, or order issued thereunder in the same
manner and to the same extent as it private
Individual under like circumstances to any
person aggrieved thereby in an amount equal
to the sum of?
(I) any actual end general damages sus-
tained by any person but in no case shall a
person entitled to recovery receive less than
the sum of $1,000; and
(2) in the CRSO of any successful action to
enforce any liability uncles' this section, the
costa of th action together with reasonable
attorney's fees as determined by the court.
(d) Tho United States consents to be sued
under this section without limitation on the
amount in controversy. A civil action against
the United States under subsection (c) of
this section shall Ise the exclusive remedy for
the wrongful action or omission of any of-
ficer or employee.
JURISDICTION OF DISTRICT COURTS
Sac. 304. (a) The district courts of the
United States have jurisdiction to hear 'and
determine civil actions brought under sec-
tion 303 of this Act and may examine the
information in camera to determine whether
such information or any part thereof may
be withheld limier any of the exemptions in
section 203 of this Act. The burden is on the
Federal agency to sustain such action.
(b) In any actionto obtain judicial review
of a decision to exempt any personal infor-
mation from any provision of this Act, the
court may examine such Information In
camera to determine whether such informa-
tion. or any part thereof is properly Genesi-
fled with respect to national defense, for-
eign policy or lew enforcement intelligence
information or investigative information
and may be exempted front any provision
of this Act. The burden is on the Federal
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CONGRESSIONAT? RECORD HOUSE December 11, 1974
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frt0 ti ion IT ay be :4) exempt,!d.
I iliC 15 51
SEC. 306, This Act shall DECOILie cifciAiVe
ono year aTter tic enacrinent TN-
CCIN ThRi; the on title I et this
Act snail become cit ective rn th 3 date (L'
enactinei.,t.
Airrimiumrioisr or APPROPRIATION6
See. 300. There arc authorized to be appro-
priated such stuns as may be necessary to
carry out the provisiot ts of this Act.
MORATORIUM ON USE OF SOCIAL SECURITY
NUMBERS
Sm. 307. (a) It slush be unlawful for
?
(1) any Federal, Slate, or local government
agency to deny to any individual any right,
benefit, or privilege provided by law because
of such individual's refusal to disclose his
social security account number, or
(2) any person to discriminate against any
individual in the course of any business or
comntercial transaction or activity because
of such Individual's refusal to disclose his
social security account number.
(b) The provisions of subsection (a) Shan
not apply with respect to--
(1) any disclosure which Is required by
Federal law, or
(2) any information system in existence
and operating before January 1, 1.075.
(c) Any Federal, State, or local govern-
ment agency which requests an hiclivIdual
to disclose his social security account num-
ber, and any person. who requests, in the
course of any business or commercial trans-
action or activity, an individual to disclose
his social security account number, shall in-
form that individual whether that disclosure
Is mandatory or voluntary, by what statu-
tory or other authority such number is so-
licited, what uses will be made of it, and
what rules of confidentiality will govern. it.
MOTION OFELRIM) DT MR. MOORHEAD 05'
PENNSYLVANIA
Mr. MOOIHIEAD of Pennsylvania. Mr.
Speaker, I oiler a motion.
The Clerk read as follows:
Mr. MOORHEAD of Pennsylvania moves to
strike out all after the enacting clause of S.
3418 and Insert in lien thereof the text' of
the bill (H.R. 10373) to amend title 5, United
States Cade, by adding a section 552a to safe-
guard individual privacy from the misuse of
Federal records and to provide that individ-
uals be granted i?ece:vi to records concern-
ing them which RTO ,maintained by Federal
agencies, as passed . by the house.
The motion was agreed to.
The Senate bill was ordered to be read
a third time, woe read the third time, and
passed.
The title was amended so as to read:
"to amend title 5, United States Code, by
adding a section 552a to safeguard in-
dividual privacy from the misuse of Fed-
eral records and to provide that individ-
uals be granted access to records- con-
cerning theta which are maintained by
Federal agencies."
40 of title 18 of the United States Code
eeplosives, not later than mid-
night tonight.
The SierSAKER. Is there Objection to
tile request of the gentleman from Unil-
If
There Ives no objection.
LEGISLATIVE PROGRAM
(Mr. O'NEILL asked and was given
permission to address the House for 1
minute.)
Mr. O'NEILL. Mr. Speaker, I take this
time to announce the program for to-
morrow.
Mr. Speaker, we will 'consider the fol-
lowing legislation:
The conference report on H.R. 16901,
Agriculture appropriations for fiscal year
1975;
The conference report on H.R. 16136,
military construction authorization, to
be called up under suspension of the
rules;
H.R. 17597, Emergency Unemploy-
ment Compensation Act of 1974, to be
called up under suspension of the rules;
H.R. 16596, Emergency jobs Act, to
be called up under an open rule with 1
hour of debate;
H.R. 17085, nurse training, to be called
up under suspension of the rules;
H.R. 1'7084, health manpower, to be
called up under suspension of the rules;
Senate Joint Resolution 40, White
House Conference on Libraries, with an
open rule and 1 hour of debate; and
HR. 16204, health policy, planning,
and resources development, with an open
rule and 1 hour of debate.
Mr. Speaker, I want to make sure that
all Members know, and it will be printed
In the RECORD, that we will meet on Fri-
day of this week.
Mr. RHODES. Mr. Speaker, will the
gentleman yield?
Mr. O'NEILL. I yield to the distin-
guished minority leader, the gentleman
from Arizona (Mr. RHODES).
Mr. RHODES. Mr. Speaker, does the
distinguished majority leader have any
thoughts about Saturday this week; will
Were be a session?
Mr. O'NEILL. Well, the Speaker has
had some comment about working on
Saturday. I do hope that we can make
a decision tomorrow and that decision
will be that I hope we do not work on
Saturday, but we are still working on
Mr. RHODES. I thank the gentleman.
PERMISSION FOR THE COMMITTEE
ON THE JUDICIARY TO FILE RE-
PORTS ON S. 60 AND S. 1083
Mr. MCFALL. Mr. Seen ker, I ask untin-
bnous consent titn. the Committee oil the
Judiciary be permitted to file reports on
S. 663, unending title 25 of the United
States Code with respect to judicial re-
view of orders of the Interstate Com-
merce Commission, and S. 1083, exempt-
ing commercially otanufactueeg lilt cit
e 1 ? the elPstromogi !acme
committee and I know JOHN ROONEY
very well. Knosein.g Mr. ROONEY and hav-
ing -watched him In action, I find noth-
ing t:) substantiate the statements made
aboet him in the Times.
Tile distinguished gentleman from New
Yoek (Mr. RooNEy) gives no quarter and
ases none when in pursuit of wasteful
nod estravagant spending of the tax-
payers' money. However, he is fair in
his treatment of the budget requests. He
simply wants the facts which are neces-
sary to justify favorable action on budget
requests. He does not tolerate flimsy and
empty reasoning as a basis for spending
the taxpayers' money.
The writer accuses Representative
ROONEY of defying Presidents of the
United States, even the Presidents of his
own party. Those of us who have served
with JOHN ROONEY also know that Chair-
man ROONEY has enjoyed excellent and
cordial relations with the Presidents of
both parties over all his years of con-
structive and valuable service in the
House. In fact, all Capitol Hill knows
these things about JOHN ROONEY.
Tile writer of the Times editorial gives
free rein to his imagination by stating
further that Representative ROONEY has
been out of step with the majority of
Democrats in the House. This is easily
contradicted. It is a well-known fact that
during the years of his stewardship,
about 98 percent of the recommenda-
tions of his subcommittee have been over-
whelmingly approved by votes of the I oil
committee, by the great majority of the
House of Representatives, and sustained
by the Senate. None of his bills were
vetoed by any of the seven Presidents
under whom he has served.
Therefore, It is suggested that the New
York Times editorial writer come down
from his ivory tower by the right stair-
way. JOHN RooNEy's great record of serv-
ice defies attack from whatever source,
even unscrupulous attack.
JOHN ROONEY'S GREAT RECORD OF
SERVICE DEFIES ATTACK
(Mr. SIKES asked and was given per-
mission to address the House for 1 min-
ute and to revise and extend his re-
marks.)
Mr. SIKES. Mr. Speaker, my attention
has been called to an editorial in ft re-
cent issue of the New York Times which
gives a completely distorted view of the
work of JOHN Roesrree, the distinguished
chairman . of the St1ste-Justice-C7om0'
mere? Subcommittee of the .Committee
on Appropriations. lie has served in this
imoortant Capacity tor many seals. It
leaseb2002101128'zi-VALREYPI6M065
VITAMIN USERS
(Mr. PRE= asked and was given
permission to address the House. for 1
minute, and to revise and extend his re-
marks.)
Mr. MEYER. Mr. Speaker, I can un-
derstand the outrage of the vitamin
users in the country over the Intrusion
of big brother government into the ques-
tion of how vitamins are used. As long
as vitamins are harmless, and as long
as they are not misleading in their ad-
vertising, then why should big brother
government tell me that I cannot use
them without a prescription, or tell me
that I should not use them because may-
be they are not good for me? If I think
they are good for me, that ought to be
enough.
Both the Kyros amendment and the
Proxmire bill address the big brother
coiestion, hut the Kyros amendment does
it by citreful, intelligent dretisaminsli
so that the baby is not thrown out with
the bath water, while the Proxmire bill
is a sweeping bill which simply is not
sufficiently discriminating. I ask that we
support the Kyros bill. I am convinced
that only the Kyros bill has been care-
2f71400010+50t1ks1 the specific prob-
-