H.R. 8279 - AMENDMENT TO PRIVACY ACT OF 1974

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-00473A000700040002-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 40
• Document Creation Date: December 12, 2016
• Document Release Date: April 8, 2002
• Sequence Number: 2
• Publication Date: September 1, 1977
• Content Type: MF

Approve dYAWl Js%AiCb~Y05107I: I Ii-k6h 0'&AXbA700040002-3
DO/ISS 77-291
1 September 1977
MEMORANDUM FOR: Assistant for Information, DDA
STATINTL FROM:
le-, n orma ion Services Staff, DO
SUBJECT: H.R. 8279 - Amendment to Privacy Act
of 1974
1. I have recently received a copy of H.R. 8279
(95th Congress, First Session) to amend the Privacy Act
of 1974. I feel the proposed changes are serious enough
to merit an early alert to your office that CIA needs to
make a detailed study of the implications of the proposed
amendment to the Privacy Act. This need stems from the
apparent omission from the proposed amendment of the
general exemptions available to the Central Intelligence
Agency under 5 U.S.C. SS2a(j). The general exemption
just quoted embraces the concept of protecting intelli-
gence sources and methods from unauthorized disclosure.
The omission of such a fundamental concept in the proposed
amendment is of concern to the entire Agency as well as to
the Directorate of Operations. We are also concerned with
the apparent changes regarding the routine use of records
and with the provisions dealing with conditions of
disclosure.
2. I have not attempted to make a detailed comparison
between the proposed amendment and the current law; however,
my staff is available to give advice and guidance regarding
Directorate of Operations equities vis-a-vis the proposed
amendment.
STATINTL
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9 rru CONGRESS
.Ls'r S1 SS LOW
279
IN TTTE -1I:OUSE OI' REPRESENTATIVES
3UI.Y
R~Tr. Gor,irwAit;7; (for 11111;1# Rn(l wtr. 7i01,1111) introduced the following bill;
whitsli wa ro.ferrod to the CI en n U ee on Goverrunent. Operations
h-11-4 I
To amend the PrrivA,e.~T Act of 1974.
1 Be it enacted by the ~`)'en ale and house of Representa-
2 lives of the U ite(l Slates of America in Congress assembled,
01 SECTION -1. Section 552a of title 5, Uhlited States Code,
4 is amended. to read. as follom,
ti " t 52a, in eo ~~m t,ion :mni taiued on individuals
6 ~a) I)r+',7_+'~khf.f'1I~.YNt3, For purposes of this section--
r (V) the term). agency means agency as defined in
8 sccl;'io:ji '5. 5"2. of this tide;
9 " (2) the tern. `individual' means a citizen of the
10 United States or an Alien lawfully admitted for perma-
11 neat residence;
I
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.1.6
20
" (3) the terns `record' means any item, collection, or
grouping of information about an individual including,
but not limited to :
"(n)
u o 'n nil directory' Inf%drln~it`nw, ~Ueii as
the individual's na~t~e, iddress, kclcphonc number,
business address, or similar IJ-fornnation,
" (P) other numnhe.rs, symbols, fins crprints,
voiceprint:', photographs, or :identifying; particulars
assigned to, or associated with, the individ~a t i. eeinetrt pursuant to pair;.7gra.pli (3) of this subsection
10 and wwl:aicl_i occurs alter the filing of such statement, the
agency shall-.--
:1.t " (A ) clearly ide atify any portion of the record
1.9 wiuth_ is dispu Iced, and.
20 " (B) provide copies of the statement and, if
21. the a enc.y deE~aa~:; it aa.ppropriate, copies of a concise
22 statement of the reasons of the agency for not
23 ina&u-g the amendments requested, to persons or
24 other agencies to whom the disputed information has
25 been disclosed.
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1 " (d) LIMITATIONS ON DISOLOSU-Pm.-No agency shall
2 disclose any individually identifiable record by any means
3 of communication to any person, or to another agency, unless
4 such disclosure would be---
5 " (1) pursuant, to a, rw ritteut request; by, or with
6 the prior written consent; of, the in lividna.l to whore
7 the record pertains;
g " (2) required Tinder section 552 of this title;
9 " (3) to those officers and employees of the agency
10 who have a need for the record in the performance of
-1 their duties : Provided, Ti_i.rLt such disclosl.u?e is._--
7-2 " (A) necessary and proper for the performance
13 of the agency's own mission and functions, and
(h) a routine use as defined by subsection
15 (a) (9) of this section;
16 " (4) to a person other than an officer or employee
17 of the agency :
13 Provided, Thai such disclosure is-
19 " (A) a routine use as defined by subsection
a~. (a) (9) of this section, and
21- " (-11) certified by the designated official under
22 fl se'tio"t M of thi, en ~t'
Sr
L 1
t
5
ttg
i011 a M.UU l.(, 1 equLt c
meats in subsection (a) (9) of this section;
2`1.. " (5) a collateral use as defined by subsections
(a)
25 1.0) of this section: Provided, T1.iat such dis losure
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1 is certified by the designated official under subsection
2 (j) of this section as meeting the requirements in sub-
3 section (a) (10) of this section;
4 " (6) to the Bureau of the Census for purposes of
5 planning or carrying out a census or survey or related
6 activity pursuant to the provisions of title 13;
7 " (7) to the National Archives of the United States
8 as inforcri.sition which has sufficient historical or other
9 value to warrant its continued preservation` by the
10 United States Goverranent, or for evaluation by the
If Administrator of Genera Services or his designee to
12 determine whether the information has such value ;
:13 " (8) a disclosure of a statistical record in a form
.11: whit li is not .iiidivida ally identifiable;
to another agency or to an instrumentality
:1G of any governatenttal jurisdiction within or under the
control. of the United Sifi.tes for a civil or criminal law
1.8 eI:nforcerrterit aetivi.t?y if the activity is authorized by
19 law, ,allot if the fie.i.l of the agency or instrumentality
2G laas made a Written request to the agency which main-
21 tai us the record specil'yit,g the particular portion desired
22 and the law enforcement activity for which the record
23 Is sought;
24 " (10) to a person pursuant to a showing of com-
25 Ap1Fdkr'121IIAtYIP8i9"0i4~~0~002-3
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1 any individual: Provided, That, upon such disclosure.,
.2 notification thereof is transmitted to the last known
3 address of the individual to whom the record pertains;
4 "'(}1.1.) to either House of Congress, or, to the extent
5 of matter within its jurisdiction, any committee or sub-
6 committee thereof, any joint committee of Congress or
7 subcommittee of any such joint committee;
8 "(12) to a i1lend)er of Congress is response to an
9 inquiry from that Member -which is made at the express
1.6- request of-
11 " (A.) the individual to whom the record per-
12 talus and that individual is a, constituent of the
13 Member, or
.14 " (B) a relative or legal representative of the
15 individual to wiioan the record pertains, and
tb " (i) the requesting relative or legal rep-
17 resent i,tive of the individual to whom the record
18 perhiihnn; is a constituent of the -Member, and
19 " (ii) the, individual to whom the record
20 pertains is incapacitated or otherwise clearly um-
21 O'blc to i equest ,the -2-ember's assistance himself;
22 " (13) to the Comptroller General, or any of his
23 authorized representatives, in the course of the perform-
24 ance of the duties of the General Accounting Office; or
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" (14) pursuant to the order of a court of com-
2 laetent jurisdiction.
s (~) 1 lOV AND >trA-N c11~rc,i+, OF zT+O1,AIA-
4 T.[ON.-
5 (1.) .F ach agency that collects or maintains in-
6 dividually identifiable records shall-
7 " (A.) collect information to the greatest; extort
8 practicable directly- from the individual to whom the
9 infoniiation pertains when such information ma..),
1.0 affect deteraninaLiens about an individual's rights,
l-enctits, or privileges Wider Federal programs:
-12 (B) take reasonable affirmative steps to enable
1= ik~a.div.iduals from. whom it requests information about
i t. tlreraselves or others to decide whether to supply
. j t1 f
-nt nt.onnation in as _i:lrformed and uneocrced a
m anner as is rensie~,~1-ly possible and, to that erid,
the agency shall make available to the individual,
unless the indiviihlal l1as already been notified within
a, reasonable perimd of time prior 'to the request and
has, beell offered a retenlion copy of, the following
llfcirnar-tio11:
" (i) the authority Which 'authorizes ifie
solicitation of the information,
(ii) whether such disclosure is mandatory
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.1. or voluntary and the consequences to the in-
2 dividual of not providing the information,
3 " (iii) the principal purpose or purposes for
4 which the information is intended to be used,
5 " (iv) any routine or collateral uses of the
6 information which could be reasonably expected
7 to influence the individual's decision,
8 " (v) the scope, techniques, and sources of
9 any procedures for verification of the infornia-
:10 Lion, and
11 "(vi) the title, business address, and busi-
12 Hess telephone number of a responsible agency
13 official who can assist the individual in his deci-
1.4 Sion or ans er any questions which the illdivid-
15 ual rimy have;
1.6 ". (C) collect or maintain in its records only
1.7 such infoiiiiation. about an individual as is relevant
:.1.3 and nece:; wry to accomplish a purpose of the agency
7.9 required to be accomplished by statute or by Execu-
20 tive order of the President;
21 (I)) r Maintain all records which are used by
22 the' agency in making any determination about any
23 individual with such accuracy, timeliness, complete-
24 Hess, and relevance as is reasonably necessary to
25 assure fairness in the determination ~,~l }}, ~l1'
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provision shall not prohibit any ageiacy or compo-
nent thereof which performs as its principal function
any activity reJatin to the enforcement of criminal
4 laws, from maintaining unverified or otherwise po-
5 tentially inaccurate, untimely, incomplete, or irrele-
G vazit information: Provided, That such information
7 is clearly identified as such to all users or recipients
$ of thsat informations;
9 " (_Fl) establish. reasonable administrative, tech-
0 nicad, ainnd physical sa.fegi:aards to assure the integrity,
I1 confidentiality, and security of such individually
12 identifiable records so as to minimize the risk of sub-
13 staa.ntu~.l. haarm, eaiibarra-ssment, inconvenience, or uri-
fairness to the hulivid.nal to whom the information
I pertains; and
G " (t') take reas,or:aablo afrinative steps to serve
:1.'7 notice on an. ind.i.vidu.a l when any record on such
18 indiviual. is mode, av~ailal-le to any person under
d
I9 co7ra.lnalsory legal process wh eit such process becomes
20 a 111" Ater of 1:-ubl ik?. record.
2 agexncy, or ollicer, employee., "agent, or
22 contractor thereof, shall collect or maintain information :
23 " (A) describing the content of any publica-
24 tion, speech, or other expression of belief or argti-
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guaranteed by the first aiilendiiierit, unless such
information is compiled pursuant to an authorized
3 ' - investigation of the sedition or espionage under see;
4 tions 792 through 7 97 and sections 2381 through
5 2386 of title 18, or unless such information would
be legally admissible evidence in a criminal prose-
7 cution and is compiled pursuant to an fautlaorized
t3 investigation of a violation of the :criminal laws of
9 th0 Viii-ted. Sterte;_,;
10 " (13) describing the forum in which an iiidi-
.1.1 v dual publishes, speaks, .or otherwise exercises his
12 first -anlend.incnt rights of speech, association, or
13 religion, unless such information' is compiled pur-
14 scant to an authorized investigation of a violation of
- `' the lams of he United States; or. 1 F' (C) otherwise describin tl> e way any ira.di-
_1.7 vidua.i exercises his rights guaranteed by the first
1.8 ameiidineul, except to the extent that such infornra-
1t1 lion Is iirnited to collecting and maintaining the
20 tiu.aae, place, and observed associations of an indi-
2..1 vidua;l wluicli are compiled pursuant to and in the.
22 course of an authorized investigation of a viola.tiurr
23. of the laws of the ITnited States.
24 (3) The provisions of subparagraphs (A) , (R )
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1. and (C) of paragraph (2) shall not prohibit an agency
2. froixt collecting or maintaining ;
"(A) a specific item of information which is
" (f) ]. ),[IOPAGIYFI0N OF COnRRcTIOI S.-
expressly required by statute, or which is expressly
nith.orized by the individual to whom it pertains,
to he collected. or rnainta.incd, or
" (B) information the collection or mainte-
:mace of which would be a reasonable and proper
.library, 1)il)lioz r) The court may assess against the United
7 Stat,tas reasonable attorney fees and other litigation costs
li reasonably incurred in any case under this paragraph in
9 which the comp1aitta)_tt has substantially prevailed.
:1-0 " (4) I n any suit brought under the provisions of
.1.1. -paragraph (1) (C) or (I.) (D) of this sul)scetton in
1.2 which the court determines that the agency acted. in a.
:1 r3 roan rtes ~chielt was intentional or willful, the court Yrtay
order the agency to act in a manner consistent with this
a-5 section, and, in addition, the United States shall be liable
'16. to the i idividiaail in. an amount equal to the stun of:
(.A.) special and general damages sustained
:1.S by (lie individual as it result of the failure under
:It) pa ?a rapi1 (l) (0) or (1) (D) of this subsection,
20 but in no case shall a person entitled to recovery
21. receive less titian the suns of $1,000 or more than the
22 suns of
)10,000 in excess of the dollar amount of
23 any special d.am.ages; and
24 " (B) the costs of the action together with rca-
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" (5) An action to enforce auy liability created. mi-
2 der this section may be lsrollglit in the district court of
the iluiled States in the district ire which the complain--
U
4 ant resides, or has his principal. place of business, or in
5 w wrhiclh. the agency records are situated., or in the Pis-
6 trice of Coliunida, without regard to the amount in con-
7 troversy, within 2 years fronn the date on which the
8 cause of action arises, except that where an agency has
9 materially and willfully misrepresented any information
7.0 required under this section to be disclosed to ,in inndivid-
:t:1 ual and he iliforniation so misrepresented is material to
12 the establishment of the liability of the agency to the
j3 individual under this section, the action may be brought
at al1.y time wi ti i a1. 2 years after discovery by the indi-
15 vidu.al of the nlisrepresentatioln. Nothing in this section
:lf- s;hall be construed to auill.orize any civil action by reason
:1.7 of ally injury sustained as the result of a disclosure of a
_t3 record, prior to Lbw elieclive date of this section.
19 "(1) CPflMI:NAL ..Pl+XA.TTLES.-
20 " (:I.) Any officer or employee of an agency, who
2 y V.Anployincnt or offlicial position, has
22 possession of, or access to, agency records which contain
23 individually identifiable information the disclosure of
24 which is prohibited tinder this section or by rules or
25 regulations established thereunder, and who knowing
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that disclosure of the specific material is so prohibited,
willfully discloses the material in any manner to any
person or agency not entitled to receive it, shall be guilty
of a inisdenieanor and fried not more than $5,000.
" (2) Any officer or employee of any agency who
G willfully maintains any collection or grouping of records
7 without meeting the notice requirements of subsection
(it) (1) of this section. shall be guilty of a misdemeanor
9 and fined not n-lore than $5,000.
Any ~e7 sort who knowingly and willfully
7.0 (s~) 1
requests or obtains any record concerning an individual
from an agency under false pretenses shall be guilty of
a misdemeanor and fined not n-iore than $5,000.
cs (ro.) COVEnh X17+aNni CJ0NTiZACTonS AND
:15 Any contractor or recipient of a Federal. grant,
'10 or any subcontractor thereof, who performs any fune-
17 lion on behalf of a :Federal agency which requires the.
:18 co-atracto.r or grantee to maintain individually identifa-
19 ble records shall be subject to the provisions of this
20 Action, except that this provision shall not apply to :
21 " (A) the employment, personnel, or other
22 administrative records which the contractor or
23 grantee maintains as a necessary aspect of support-
24 ing the performance of the contract or grant but
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:1. witieli ht?ar no other relation to the perform.aiice
of the contract or grant,
" (I1) individually identifiable records:
4. " (i) which are neither required nor im-
I; plied by the terms of the contract or grant,
G " (ii) for which no representation of I+~ed-
:1 t) employee of UCII. contractor or grantee, shall, for
:10 the contract or grant is established.
:1.1. " (2) The agency witlt Whicl:i the contract or grant
1.2 is established shall, consistent with its authority, be
r. es_l.~on.sible for insuring that the contractor or grantee
14 complies faithfully with the provisions of this section.
15 " (3) For any contracts or grants agreed to on or
1(1 after the effective (late of this section to which subsec_
1.'7 thou (11)) (:l) of 11ais section applies:
:1.8 " (A) any such. contractor or grantee, or any
oral-ponsorship or association is made, and
8 " (iii) wldeli will not be submitted, or other-
9 wise provided to the Federal agency with which
purposes of tlua ci?ia~nina,l penalties of subsection (1)
of this sa,tiuia, ] -e considered to be as employee of
22 the agency ;
23 " (B) any such contractor or grantee shall, for
24 purposes of the civil remedies of subsection (k) of
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1. this section, be considered to he an agency, except
2 that the damages, attorney fees, and litigation costs
under subsections (k) (2) (I1), (k) (3) (C), and
4 (k) (4) shall. be assessed against the contractor or
5 grantee instead of against the United States; and
6 " (C) no official or employee of any agency of
7 the United States shall include, or authorize to be
8 included, in aiiy such contract or discretionary grant
9 any provision indemnifying the contractor or grantee
10 from the civil. remedies of subsection (k) of this
11 section.
12 " (n) All CIIIV.AG i.i,I CORDS.-
13 " (1) Each agency record which is accepted by the
.14 Administrator of General Services for storage, process-
:15 ing.,?, ai.d servicing in accordance with section 3103 of
16 title; 4:4 shall, for the purposes of this section, be con-
17 sidered to be tnaiutaincd by the agency which deposited
:13 . the record and ,_;tall be subject to the provisions of this
19 ,section. The .A_ihui:nistrator of Cericral Services shall not
20 disclose the record except to the agency which main-
1 11 s t e rrecord. or toideer rules established by that agency
22 which are not inconsistent with the provisions of this
23 section.
24 " (2) Each agency record pertaining to an identifi-
25 able individual which was transferred to the National
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1 Archives of the Baited States as a record which has suf7i-
2 dent historical or other value to warrant its continued
3 preservation bar the United States Government, prior to
4 the effective date of this section, shall., for the purposes
5 of tla.is section, be considered to be maintained by the
G Naatio1.1 al Archives and shall not be subject to the provi-
7 sions of this section, except that I. statement gonerally
8 describing such records (modeled after the requirements
9 relating to records suJaject to subsections (h) (1) (A)
10 through (h) (1) (G) of this section) shall. be published
11 in the Federal f.egistcL
1.2 "(3) Each agency record pertaining to an ideiitili--
1.3 able individual which is transferred to the National
If Archives of the United States as a record which has
_1.5 sofli.cient historical or other value to warrant its continued
IG preservation by the tailed States Government, oil or
17 after the effective (lake of this section, shall, for the pua?-
is poses of this section, be considered to be maintained by
19 the National _,1,rclaives and shall be exempt from the re-
?0 quirenacaats of this section except subsections (li) (l )
(.A) t(arough. (ta) (1) (C) of this section.
22 (o) Bay.i,o~wr ox Niavv SYS'ulonis.-I acla agency shaall
23 provide +adecluato advance notice to Congress and the Office
21 of Management and Budget of any proposal to establish or
25 alter any system of records in order to permit an evaluation
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1 of the probable or potential effect of such proposal on the
2 privacy and other personnel or property rights of individuals
or the disclosure of information relating to such individuals,
4 and its effect on the preservation of the constitutional priaa-
ciples of federation and separation of powers.
6 (1-) LSNNTJAT E'1'OliT.----The President shall submit to
7 the Speaker of the f l oiase and the President of the. Senate,
S by June 30 of each calend~a,r year, a consolidated report,
9 separately listing for each ?'ederal agency the number of ree-
10 ords contained in any system of records which were ox.-
11 emplod from the applienlion of this section under the
a2 provisions of sabsecl:ion (b) (3) of this section during the
13 preceding calendar year, and the reasons for the exemp-
-14- Lions, and such oilier information as indicates efforts to
.ad;nainister fully this section.
(i) 1+,T, ~~ ~~:~ .-~ c:-a 0 O i H ER. LAWS.----
" Whe-tever an agency receives a request for
access Co, record which could be processed either tinder
the _provisions of section 552 of this title or under the
provisions of ties section, the agency shall process such
a?eque74 futlt;-? III0 pro6sions of this section, ex cept that
in no instance shall the requesting individual receive less
information than he would receive if the request were
processed under section 552 of this title,
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" (2) No agency shall rely upon any exemption
contained in section 552 of this title to withhold from
an individual any record which is otherwise accessible
to the individual tinder the provisions of this section.
" (r) AlAI]JINCx LISTS.-An individual's name and ad-
dress may not be sold or rented by an agency unless such
action is specifically authorizcd by law. This provision shall
not be construed. to require the withholding of names and