PRIVACY PROTECTION COMMISSION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700150087-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 12, 2016
• Document Release Date: January 11, 2002
• Sequence Number: 87
• Content Type: OPEN

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H 12248 CONGRESSIONAL RECORD-HOUSE ecember 18, 1974'
Mr. HORTON. Mr. Speaker, I rise in !such as those maintained by the Central
support of this bill, which will add greatly } Intelligence Agency and others classi-
to the protection of personal privacy of fled for national security reasons, should
all Americans. be exempt from the requirement that in-
The bill achieves this objective by three dividuals have access to records about
means. First, it provides that citizens them. I he Commission will
may have access to most records about conduct is affairs in such a way as not
them maintained by the Federal Govern- , to imp air the responsibihty of the Dlre
ment, and may request the Government 1 for of ce
to correct misstatements in the records. i sources and methods or the head of any
Second, it requires Federal agencies to agency c asst a ocuments
make public all the uses they make of secret.
personal records, and forbids those agen- Mr Speaker, S. 3418 in its present form
cies from "transferring such records to will help protect the personal privacy of
persons not named in the published uses our fellow Americans. I urge my col-
unless the individuals to whom the docu- leagues to join me in supporting it.
ments pertain have given their advance Mr. KOCH. Mr. Speakdr, the first
written consent to the transfers. Third,
the bill allows citizens to file suit in Fed-
eral court to correct their'records, see
records about them which agencies with-
hold, and secure damages when they have
been harmed by a willful or intentional
action of an agency regarding their
records.
Mr. Speaker, in writing H.R. 16373, the
House bill which is very similar to the
measure now before us, the Government
Operations Committee, on which I serve
as ranking minority member, made great
efforts toward this end: as we added pri-
vacy protections for citizens, we did not
want to add great burdens for Govern-
ment agencies in implementing the bill.
I think that we accomplished that goal
by drawing the legislation so that agen-
cies would have to publicize what they
were doing, but would not have to submit
to unreasonable requirements which
would in effect prevent them from carry-
ing out constructive programs.
The chairman of the Foreign Opera-
tions and Government Information Sub-
committee, Mr. MOORHEAD of Pennsylva-
nia, and the ranking minority member
of that subcommittee, Mr. ERLENBORN,
have labored long and hard to insure that
whatever bill eventually represented a
synthesis of House and Senate measures
on this subject be directed toward that
same end. I commend them for their
work; in my judgment, although the bill
now before us includes some provisions
from the Senate measure which I my-
self would not have proposed, those pro-
visions are reasonable and the. bill is a Department can come forward with a
good: one. proposal that the Congress can agree
The major way in which this bill dif- upon, criminal justice systems should be
fers from the one passed by the House included in this privacy legislaton. It s
less than a month ago is that this legis- completely unjustificable to exempt crim-
lation creates a Privacy Protection Study inal justice systems. Privacy legislation
Commission to investigate the informs- must affect law enforcement records.
tion practices of organizations of all However, what is significant in the bill is
kinds insofar as they relate to personal a provision which states that no agency,
information, and recommend how in- including law enforcement agencies, is
dividual privacy can best be protected, permitted to maintain a record concern-
--4s+-+- With good recordkeening ing the political or religious beliefs or
will make constructive recommendations pressly authorized by statute or by the. - Third, permits the removal of errone-
and that they will lead to increased pri- individual himself. ous or irrelevant information and pro-
vacy for all Americans in the future. I The exemptions section should have vides that agencies and persons to whom
expect that the Commission will use good been limited only to those files having the erroneous or irrelevant material has
sense in collecting information to be used to do with national defense and foreign been previously transferred, be notified
in its study, and will, consistent with the policy, information held pursuant to an of its removal;
spirit of this legislation, not interfere active criminal investigation, and records Fourth, prohibits records from being
with the ongoing business of Govern- maintained for statistical purposes not disclosed to anyone outside a Federal
ment. identifiable to an individual. I also re- agency, except on an individual's request
For example, the Congress has recog- gret that the provision to allow court and when permitted by this act in some
nized in this bill that certain records, assessment of punitive damages is not specified cases;
incorporated in this bill and that there
is a provision to permit the withholding
from an individual the source of confi-
dential information in his file.
The bill does prohibit Federal agen-
cies from selling or renting mailing
lists except as authorized by law. Also,
thanks to the enormous efforts of BARRY
GOLDWATER, Jr., there is a provision
mandating that benefits not be denied
to an individual solely for failure to dis-
close his social security account num-
ber, unless that disclosure is mandated
by statute.
Basic to my 5-year effort to establish
privacy standards for all Federal agen-
cies has been the requirement that a
directory of data banks be published and
available to the general public. A provi-
sion I sponsored is in the bill providing
for an efficient and economical. Direc-.
tory of Federal Data Banks. We cannot
succeed in protecting privacy with a
code of fair information practices un-
less there is a publically available direc-
tory of personal informatidn systems.
I am particularly proud of the fact
that this legislation moved ahead in the
year of the 93d Congress because it re-
~eived across the board political support.
It became known initially as the Koch
and Goldwater privacy bill. And, while
it might have seemed strange to some
that Kocu and GOLDWATER could join
together on some piece of legislation,
those who understand the basic premise
of conservative and liberal ideology ap-
preciate the fact that on the issue of
privacy there is a commonality of in-
terest and concern. The bill before us
is the work product of a great number
of persons on the committee.
However, I again want to take special
note of the enormous support and ef-
forts that subcommittee Chairman
WILLIAM MOORHEAD and Congresswoman
BELLA ABZUG 'gave in.shaping the legis-
lation, on the Democratic side in com-
mittee, as did all the members on that
committee. And I also especially want
to, thank the ranking minority members,
JOHN ERLENBORN and FRANx HORTON,
who worked so diligently to bring this
legislation to the floor. The bipartisan-
ship shown was reflected in the Gov-
ernment Operations Committee vote
when it passed the bill out of committee
39 to 0. I also want to give special thanks
privacy legislation on the subject mat-
ter covered by the legislation on the
floor today was the bill H.R. 7214 which
I introduced on February 19, 1969. There
is no legislation in which I have been
involved here in the Congrgas that has
given me greater satisfaction and a
sense of accomplishment than this. The
bill before us today, which earlier passed
the House and Senate on November 21,
is a good bill and one which I believe is
well worth supporting. By its passage to-
day we have reached a landmark in leg-
islative history, and truly the 93d Con-
gress can justly be called the privacy
Congress.
I had hoped that a Federal Privacy
Commission would ultimately be incor-
porated in the final bill. It was approved
in the Senate, but not in the House.
However, I am pleased that the compro-
mise reached provided for at least a
study commission of other governmental
land private organizations. The study
commission is directed to complete a
report within two years and that report
should include recommendations for ap-
plying privacy principles to those or-
ganizations being studied.
There is a basic missing provision not
in the bill in the area covering law en-
forcement agencies. However, that comes
about because the House Judiciary Com-
mittee under the subcommittee chair-
manship of DON EDWARDS is considering
comprehensive legislation covering the
to Senators ERVIN, PERCY, BAYH, MUS-
xIE, and RIBICOFF for their efforts on the
Senate side.
I shall now list the major areas that
the bill covers:
First, it permits an individual to gain
access to a file held on him by any Fed-
eral agency;
Second, permits any person to supple-
ment the information contained in his
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December 18, 1974 CONGRESSIONAL RECORD - HOUSE 11112247
'lecting their own taxes. This information It is necessary to properly maintain item's existence from the citizen who
may be sent before the State itself con- recordkeeping systems in order to insure wished to see his file?
ducts any tax investigation on the in- data accuracy and validity. It is our in- Mr. ERLENBORN. Absolutely not. The
dividual. tention that authorized maintena.nce of fact that a confidential derogatory state-
Under the bill, this is intended to con- automated systems performed by non- ment exists in someone's file, and that
stit rte a routine use for a purpose com- agency personnel be viewed as a legiti- the statement could be characterized in
pat ble with the purpose for which the mate extension of the authority of some general way, most assuredly would
information was collected, so the IRS agency employees who must see personal not reveal the identity of a confidential
could continue to send this information, data in the normal performance of their source. The fact of the item's existence
to the State and local tax agencies as is duties. Accordingly, nonagency person- and a general characterization of that
presently done. net performing authorized maintenance item would have to be made known to
Also, the IRS sends to State and local would be in the same position as agency the individual in every case.
tax agencies the Federal tax returns of ofiicialsand employees. Mr. ALEXANDER. Let me ask the gen-
individuals who live in the State so the Mr. ERLENBORN. Mr. I-peaker, I tleman one further question. Suppose an
State agency can check to see if the in- withdraw my reservation of objection. individual believed that he had not been
dividual has reported the same income The SPEAKER. Is there objection to promoted in his Government job because
and deductions on his Federal and State the request of the gentleman from Pen: i- of confidential derogatory information in
or local tax returns. Again, the States sylvania (Mr. MOORHEAD) ? his file, and that the Government refused
rely on this information in enforcing There was no objection. to allow the individual access to that in-
their own tax laws. Also, this informa- Mr. ALEXANDER. Mr. Speaker, wh,.n formation on the grounds that allowing
tion may be sent- to a State before it the House originally considered this bill, access would reveal the identity of a con-
conducts a tax investigation on its own. it adopted an amendment regarding fidential source. Suppose further that..f. ,
Under the bill, it is intended that this certain investigatory material. I would individual then went to court and de
would be a routine use for a purpose com- ask the gentleman, does that amend- manded that he be promoted, arguing
patible with the purpose for which the ment remain in the bill? that nothing on the public record inter-
information is collected so the IRS can Mr ERLENBORN. Yes, it does. fered with his right to the promotion.
continue to send tax information to Mr. ALEXANDER. Exactly &hat don- Would the government then have to let
State and local tax agencies in this way. the amendment provide? him see the portion of his file which it
The IRS, of course, provides tax in- Mn ERLENBORN. It says that the had previously withheld?
formation on individuals to the Justice head of any agency may p;.omulgale Mr. ERLENBORN. If the Government -
Department when the Justice Depart- rules to exempt certain investigatory wanted to introduce the statement into
ment is preparing a tax case against the material from the access requirements evidence in court, it would surely have
individual. This information is used by of this legislation. Specifically, the ma- to allow the individual to see the state-
the Justice Department in investigating terial which may be exempted is, aid meat. If the Government had no other
and preparing tax cases and also is dis- I quote: reason for dnying the promotion, it
closed in court as the Justice Department Investigatory material compiled solely f ,r would in effect have two choices: Release
presents evidence against the individual. the purpose of determining suitability, ern- the information which would reveal the
This disclosure both to the Justice gibili,y, or qualifications for Fede:-?al civili.,i identity of the confidential source or lose
Department and in court would repre- employment, military service. Feleral co:)- the case.
sent a routine use of the tax informa- tracts, or access to classified informatto _, Let me add one further thought here.
tion compatible with the purpose for but only to the extent that the disclosure We have been discussing for the past
which it was collected and this disclosure of
such material would reveal the identi.., few minutes statements made by "con-
of who
would continue to be possible under the th a a sourceGovernmeent nt under se fn information ,,l fidential sources." The bill provides that pro provisions of the bill. that the identity of under the an en source expres would lld 1;c with regard to statements made to
Under the bill tax returns and other eis Gov-
held in confidence, or, prior to the effective ernmentagencies in the past, this term
tax :reformation can-as under present date of this section, under an fmpaed prop-.- shall include all sources who furnished
law--be disclosed to the tax commit- Ise that the identity of the source would t, information under an implied promise
tees of the Congress: the Senate Fi- held in confidence, that the identity of the source would be
nance Committee, the House Ways and Mr. ALEXANDER. The ar 1endmel held in confidence. This is as it should
Means Committee, and the Joint Com- does not extend, then, to all investiga- be; we must protect the privacy of people
mittee on Internal Revenue Taxation. Cory material? who believe that they were speaking to
Under the bill this information can Federal agents in a privileged fashion.
also continue to be disclosed to the staffs Mr. FERLENBORN. That is correct . With regard to statements made to
of these committees, as under present 4t does not. It is limited in two impor- Government agencies in the future, how-
law. ant regards. First, it pertain:. only t,,)
Under the bill an agency can disclose snvestigatory material compiled solely ever, the term will refer only to sources
tax returns to either House of Congress ::or certain specified purposes. Second. who furnish information under an es-
or to committees of Congress to the and more important, it governs access t press promise that the identity of the
that information only to the extent that source would be held confidential. The
extent of matters within their jurisdic- Office of Management and Budget has
Lion. Since tax returns can be disclosed the disclosure of the material would re- assured us that it will issue guidelines
by an agency to the Senate and House, 'real the identity of a eofidential source. and work closely with agencies to insure
it is intended that-as under present Mr. ALEXANDER. Then this amend, that Federal investigators make sparing
law--the committees which have re- anent would not permit an agency tc, use of the ability to make express prom-
ceived tax returns can also disclose them withhold information which a confiden - ises of confidentiality. Both OMB and we
to the Senate or House, just as the Joint tial source gave to the agency. want to insure that such promises are
Committee on Internal Revenue Taxa- Mr. ERLENBORN. That is correct. Thu made only when the information in-
tion did with the tax information on agency would have to allow an individual volved is extremely important to the Gov-
President Nixon. access to all information regarding, let u: ernment and would not be offered if the
Mn Speaker, this bill deals with say, his background security check, ex- promise were not made in return.
personal - data that is frequently pros- cept the part which would reveal a con - Mr. ALEXANDER. I thank the gentle-
essed and stored on automated record- fidential source. In some cases, this migh : man for his remarks. I would like to turn
keeping systems. These systems require to simply his name. This is far greate . briefly to the -gentleman from Pennsyl-
the performance of appropriate main- access than individuals have at the Ares- vania (Mr. MooRHEAD) and ask him if he
tenarce techniques, for example memory ent time. concurs In the explanation of the amend-
dumps needed by nonagency personnel Mr. ALEXANDER. In some instances, ment given by the gentleman from II-
who diagnose and repair the equipment. suppose, agencies might claim that dis- linois.
How are these nonagency maintenance closure of any part of a particular item. Mr. MOORHEAD of Pennsylvania.
personnel to be viewed relative to the would reveal the identity of a confiden- Mr. Speaker, I am happy to assure the
bills disclosure and accounting provi- t.al source. In those instances, could thc gentleman that I am in complete agree-
sions? agencies conceal even the fact of the ment with the explanation.
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H 12246 CONGRESSIONAL RECORD - HOUSE December 1r, 79
exercising a right, benefit, or privilege. Thus, nection with recent proposals by the Gen- other amendment in the Senate bill that
for illustration, after January 1, 1975, it will eral Services Administration and Depart- deals with mailing lists. Language in-
be unlawful to commence operation of a ment of Agriculture to establish a giant data cluded in the legislation would prohibit
State or local government procedure that re- facility for the storing and sharing of infor- the sale or rental of mailing lists, names
quires individuals to disclose their social mation between those and perhaps other and addresses, by Federal agencies main-
security account numbers in order to register departments. The language In the Senate re-
a motor vehicle, obtain a driver's license or port on pages 64-66 reflects the concern at- taining them. The philosophy behind this
other permit, or exercise the right to vote tached to the inclusion of this language in amendment is that the Federal Gov-
ernment is not in the availing list busi-
ed to include the Senate provision for in-
forming an individual requested to disclose
his social security account number of the
nature, authority and purpose of the request.
This provision is intended to permit an in-
dividual to make an informed decision
whether or not to disclose the social secu-
rity account number, and it is intended to
bring recognition to, and discourage, un-
necessary or improper uses of that number.
RULEMAKING PROCEDURES FOR MAKING
EXEMPTIONS
To obtain an exemption from certain pro-
visions of this/ Act under the House bill,
agencies entitled to those exemptions would
be required to public notice of the proposed
exemptions in the Federal Register pursuant
to Section 553 of the Administrative Proce-
dures Act permitting comments to be sub-
mitted in writing for inclusion in the
Register with such exemptions.
The Senate bill applied a much more
stringent standard and would have required
agencies to hold adjudicatory hearings as
provided in APA Sections 556 and 557. The
compromise agreement would no longer re-
quire full adjudicatory proceeding by any
agency seeking an exemption permitted un-
der the act. However, agencies would still
be required to publish notice of a proposed
rulemaking in the Federal Register and could
not waive the 30 day period for such pub-
lication. In addition it is specifically pro-
vided in this act that agencies obtaining
such exemptions state the reasons why the
system of records is to be exempted. -
DUTIES OF THE OFFICE OF MANAGEMENT AND
BUDGET
Under the Senate bill the Privacy Protec-
tion Commission was directed to develop
model guidelines and conduct certain over-
sight of the implementation of this Act to
Federal agencies. Since the compromise
amendment would change the scope of au-
thority of the commission, it was felt there
remained a need for an agency within the
government to develop guidelines and regu-
lations for agencies to use In implementing
the provisions of the Act and to provide con-
tinuing assistance to and oversight of the
implementation of the provisions of this Act
by the agencies.
This function has been assigned to the
S. 3418.
The acceptance of the compromise amend- ness, and it should not be Federal policy
ment does not question the motivation or to make a profit from the routine busi-
need for improving the Federal government's ness of government, particularly when
data gathering and handling capabilities. It the release of such lists has been au-
does express a concern, however, that the +1,,.,a-,a ,,,,A- the Freedom of Tnfnrma.-
gress have an opportunity to examine the
impact of new or altered data systems on
our citizens, the provisions for confidential-
ity and security in those systems and the ex-
tent to which the creation of the system will
alter or change interagency or intergovern-
mental relationships related to information
programs.
GOVERNMENT CONTRACTORS
The Senate bill would have extended its
provisions outside the Federal government
only to those contractors, grantees or par-
ticipants in agreements with the Federal
government, where the purpose of the con-
tract, grant or agreement was to establish
or alter an information system. It addressed
a concern over the policy governing the shar-
ing of Federal criminal history information
with State and local government law enforce-
ment agencies and for the amount of money
which has been spent through the Law En-
forcement Assistance Administration for the
purchase of State and local government
61011 L%06. 111 01,1161 WV -0t .,uuaa u v
not be withheld by an agency, unless it
determines that the release would con-
stitute "a clearly unwarranted invasion
of privacy" under section 552(b) (6) of
title 5, United States Code.
Thus, the language of the bill before,
us does not ban the release of such lists
where either sale or rental is not in-
volved. Our subcommittee on Foreign
Operations and Government Informa-
tion held extensive hearings on Federal
agency mail list policies during the last
Congress. Such policy varies from agency
to agency, and the Federal courts have
;interpreted in several cases the lan-
guage of the Freedom of Information
Act relating to withholding of matters
constituting a "clearly unwarranted in-
vasion of privacy." This measure now be-
fore us would preserve the current prac-
tices and interpretations of this part of
criminal information systems. the Freedom of Information Act, as they
The compromise amendment would not deal with Federal agency mailing lists.
permit Federal law enforcement agencies to Finally, the bill, as amended, assigns
determine to what extent their information to the Office of Management and Budget
systems would be covered by the Act and to
what extent they will extend that coverage to . the responsibility of developing guide-
those with which they share that informa- lines and regulations for all Federal
tion or resources. - agencies in the enforcement and admin-
DEFINITION OF RECORD - istration of the Privacy Act.
The definition of the term "Record" as pre- Mr. Speaker, I will not discuss the
vided in the House bill has been expanded to other Senate amendments in any detail
assure the intent that a record can include since a description of them has been
as little as one descriptive item about an in- placed in the RECORD previously. How-
dividual and that such records may incorpo- ever, on the major areas of operational
rate but not be limited to information about parts of the bill-such as access, ac-
an
Lionss, medical individual's , medicaal l historystory, cr, criminal al or or employtranloy-- counting, disclosure, agency rules and
ment records, and that they may contain his requirements, and exemptions-the bill
name, or the identifying number, symbol, or generally follows the House version.
other identifying marks, particularly assigned Some. strengthening language has, how-
to the individual, such as a finger or voice- ever, been incorporated from the Senate
print or a photograph. The amended defini- measure.
tion was. adopted to more closely reflect the Mr. Speaker, I now yield to the gentle-
definition of "personal information" as used man from Illinois (Mr. ERLENBORN) who
in the Senate bill. I has made such a significant series of con-
Under the Senate bill the Privacy Protec- I will not take the time to explain each tributions at every stage in the develop-
tion Commission was to have a central role of these amendments because many of ment of this meaningful privacy legis-
in evaluating proposals to establish or alter them are merely technical or conforming lation.
new systems of information in the Federal in nature. All of them are clearly ger- Mr. Speaker, some questions as to how
government. If the commission had deter- mane to the original House bill. I will, the bill will work with respect to tax in-
pliancce with the such a standards proposal was not established in y by the he however, mention the most important of formation and tax returns have arisen.
Senate bill the agency which -prepared the- them- Specifically, the questions relate to the
report could not proceed to establish or mod- First, the bill provides for a seven- ability of the IRS to disclose tax inform-
ify an information system for 60 days in order member Privacy Protection Study Com- ation under the provision of the bill that
to give the Congress and the President an mission, authorizing a 2-year study of allows disclosure for a routine use under
opportunity to review that report and the various aspects of individual privacy af- a purpose which is compatible with the
commission's recommendations. fecting areas of the private sector and
The compromise amendment would re- purpose for which the information is col-
quire that agencies provide adequate advance State and local governmental units. In lected.
notice to the-Congress and to the Office of my judgment, Mr. Speaker, such a State and local tax agencies, now heav-
Management and Budget of any proposal to study-without directly affecting the op- ily rely on Federal tax information and
establish or alter a system of records in erational aspects of the Privacy Act of investigations when State agencies en-
order to permit an evaluation of the privacy 1974-will be most helpful in under- force their tax laws. For example, when
impact of that proposal. In addition to the standing the complexities of individual the IRS sets up a deficiency against a
privacy impact, consideration should be given privacy in non-Federal activities and in taxpayer who lives in a State, the IRS
to the effect the. proposal may have on our the consideration of additional legisla- frequently sends information on this de-
Federal powers Federal among system_ the and three on the branches of separation governof- tion affecting privacy in the future. ficiency to the State or local tax agency.
met. These concerns are expressed in con-- Second, I would like to mention an- The States use this information in col-
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December 18, 1974 CONGRESSIONAL RECORD-HOUSE
provision of this act in such a way to have ACCOUNTING FOR DISCLOSt'SES
an adverse effect on the individual. The House bill requires an agency to in-
Under the Senate bill injunctive relief form any person or another ager..cy about a
would be available to an individual to en- correction or notation of dispute regarding a
force any right granted to him. And an indi- record that has been disclosed to that por-
vidual would be permitted to sue for dam- son or agency within two years before mak-
ages for any action or omission of an officer ing the correction or notation. It would not
or employee of the government who violates apply if no accounting of the disclosure had
a provision of the act, been required. No such limitation was placed
The standard for recovery of damages un- upon accounting for disclosures in the Sen-
der she House bill was a determination by ate bill and the compromise measure would
a court that the agency acted In a manner require any person or agency receiving the
which was willful, arbitrary, or capricious. record at any time before a notation or cifs-
The Senate bill would have permitted recov- pute is made to be notified if an accounting
ery against an agency on a finding that the of the disclosures were made.
agency had erred-In handling his records. The House bill requires an agency to mat -e-
These amendments represent a compro- tafn an accounting for disclosures for only
mise between the two positions. They permit five years. The Senate bill places no limita-
an individual to seek Injunctive relief to cor- tion on the length of time for maintaining
rect or amend a record maintained by an such disclosures. The compromise amend-
agency. In a suit for damages, the amend- ment would require maintaining of the dis-
ment reflects a belief that a finding of will- closure for five- years or the life of the- rec:-
ful, arbitrary, or capricious action is too ord, whichever is longer.
harsh a standard of proof for an individual LIMITATIONS ON THE TYPES
to exercise the rights granted by this legis- COLLECTED AND THE USE
lation. Thus the standard for recovery of INFORMATION
d
"
amages was reduced to
willful or inten-
tional" action by an-agency. On a continuum
between negligence and the very high stand-
ard of willful, arbitrary, or capricious con-
duct, this standard is viewed as only some-
what greater than gross negligence.
Both the House and Senate bills provided
for an individual to recover reasonable at-
torney fees and costs of litigation. The com-
promise amendments adopt the standard of
the House bill permitting the court to award
attorney fees and reasonable costs to an indi-
vidual where the complainant has substan-
tially prevailed in an injunctive action, and
requiring such award in actions in which
complainants receive damages.
ACCESS AND CHALLENGE TO RECORDS
The House bill would apply a standard of
promptness to agency considerations of re-
quests for access to records and requests to
challenge or correct those records. In addi-
tion, it allows the individual to request a
review of a refusal to correct a record by the
agency official named in its public notice of
information systems.
The Senate bill requires the agency to
make a determination with respect to an in-
dividual's request for a record change within
60 days of the request and to permit him a
hearing within 30 days of a request for one,
with extension for good cause permitted, The
individual would have the option of a formal
or informal hearing procedure within the
agency upon a refusal of a request to correct
or amend a record. The compromise amend-
ment would require the agency to respond
within 10 working days to acknowledge an
Individual's request to amend a record. Fol-
lowin acknowledgement, the agency must
promptly correct the information which the
individual believes is not accurate, relevant,
timely or complete or inform the individual
of Itesefusal.
If the individual disagrees with the refusal
of the agency to amend his record, the agency
shall conduct a review of that refusal within
30 working days, provided that an extension
may be obtained for good cause. We expect
that agency heads will either conduct such
reviews themselves, or assign officers of the
rank of deputy assistant secretary or above.
The House bill would not have permitted a
Federal District Court to review de novo an
agency's refusal to amend a record. The com-
promise adopts the Senate provision which
would require a de novo review of such re-
fusal and to order a correction where merited.
Finally, the compomise requires that In any
disclosure of information subject to dis-
agreement that the agency include with
the disclosure a notation of any dispute over
the information or a copy of any statement
submitted by the individual stating his rea-
sons for disagreement with the information.
OF INFORMATION
OF THIRD PARTY
The Senate bill requires Federal agencies
to maintain only such information about ail
Individual as is relevant and necessary to as-
somplish a statutory purpose of the agen-
ly. The House bill did not address this issue.
The compromise amendment modifies the
Senate provision to permit the collection of
information which would be required to ac-
complish not only a purpose set out by a
irtatute but also a purpose outhned by a
:?residential Executive Order.
The provision is included to limit the COT. -
lection of extraneous information by Fed--
oral agencies. It requires that a conscious de-
elsion be made that the information is re-
quired to meet the lawful needs of an ages
c y. Agencies should formulate as precisely
as possible the policy objectives to be served
by a data gathering activity before it is
undertaken. It is hoped that multiple r?-
quests for information will be reduced and
that agencies will collect no more sensitive
personal information than is necessary.
The Senate bill also requires agencies to
collect information to the greatest extent
practicable directly from the subect whet
that information could result in an adverso
tetermination about an individual's rights
and benefits and privileges under a Federal
program. The House bill had no provision:,
I ut the compromise amendment accepts th
f enate language. This section is designed t.D
discourage the collection of personal infor-
station from third party sources andthere-
foore to encourage the accuracy of Federal
data gathering. It supports the principle tha>
an individual should to the greatest exten:
possible be in control of information abouT;
him which is given to the government. Thin
may not be practical in all cases for finan-
c.al or logistical reasons or because of other
statutory requirements. However, It is a prin-
c ple designed to insure fairness in informa-
t'on collection which should be instituters.
's herever possible.
ARCHIVAL RECORDS
The House bill provides that records ac
c,:pted by the Administrator of General Serv-
ices for temporary storage and servicing steal'
b3 considered for purposes of this act, to be
maintained by the agency which deposits the
records. Records transferred to the National
Archives after the effective date of this Act
for purposes of historical preservation are
considered to be maintained by the Archives
and are subject only to limited provisions of
the Act. Records transferred to the National
Archives before the effective date of this Act
are not subject to the provisions of this Act.
The Senate bill provides that records ac-
cc pied by the Administrator of General Serv-
ices for temporary storage and servicing shall
be considered. for purposes of this Act, to be
maintained by the agency which deposits the
H 12245
records. All records transferred to the Na-
tional Archives for purposes of historical
preservation are considered to be maintained
by theArchives and are subject only to those
provisions of this Act requiring annual pub-
ito notice of the existence and character of
the information systems maintained by the
Archives, establishment of appropriate safe-
guards to insure the security and integrity of
preserved personal information, and promul-
gation and implementation of rules to insure
the effective enforcement of those safeguards.
The compromise amendment subjects rec-
ords transferred to the National Archives
for historical preservation prior to the effec-
tive date of the act to a modified require-
ment for annual public notice. It is intended
that the notice provision not be applied.
separately and specifically to each of the
many thousands of separate systems of rec-
ords transferred to the Archives prior to the
effective date of this Act, but rather that a
more general description be provided which
pertains to meaningful groupings of record
systems. However, record, systems transferred
to the Archives after the effective date of
this Act are individually subject to the spe-
cific notice provisions. This coverage is in-
tended to support and encourage improve-
ments in the organization and cataloging
of records maintained by the -Archives.
MORATORIUMON THE USE OF THE SOCIAL
SECURITY ACCOUNT NUMBER
The House bill provides that a Federal
agency, or a State or local government acting
in compliance with Federal law or a federally
assisted program, is prohibited from denying
to individuals rights, benefits or privileges
by reason of refusal to disclose the social
security account number. Any such govern-
mental agency is further prohibited from
utilizing the social security account number
for purposes apart from verification of tndi-
vidual identity except where another purpose
is specifically authorized by law. Exempt
from these prohibitions are systems of rec-
ords In existence and operating prior to Jan-
uary 1, 1975. Exemption is further granted
where disclosure of a social security account
number Is required by Federal law.
The Senate bill provides that a Federal
agency, or a State or local government, is
prohibited from denying to individuals
rights, benefits or privileges by reason of re-
fusal to disclose the social security account
number. Persons engaged in the business of
commercial transactions or activities are pro-
hibited from discriminating against any in-
dividual in the course ofsuch activities by
reason of refusal to disclose the social se-
curity account number. Exempt from these
prohibitions are systems of records in exist-
ence and operating prior to January I, 1975.
Also exempt are disclosures of the social se-
curity account number required by Federal
law, This section further provides that any
Federal, State or local government agency
or any person who requests an individual
to disclose his social security number shall
inform that individual whether that disclo-
sure is mandatory or voluntary, by what
statutory or other authority such number
is solicited, what uses will be made of it,
and what rules of confidentiality will govern
it. -
The compromise amendment changes the
House language by broadening the coverage
of State and local governments so as to pro-
hibit any new activity by such a govern-
ment that would condition a right, benefit
or privilege upon an individual's disclosure
of his social security account number.
To clarify the intent of the Senate and
House, the grandfather clause of this section
was re-stated- to exempt only those govern-
mental uses of the social security account
number continuing from before January 1.
1975,, pursuant to a prior.law or regulation
that, for purposes of verifying identity, re-
quired individuals to disclose their social
security account number as a condition for
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H 12244 CONGRESSIONAL RECORD - HOUSE December 18,7
prepare model legislation upon request for CONFIDENTIAL SOURCES OF INFORMATION ing agency shall make a reasonable effort'
State and local governments interested in The compromise provision for the main- to assure that the record is accurate, com-
adopting privacy legislation. Strict stand- tenance of information received from con- plete, timely, and relevant. This proviso was
ards and penalties are placed upon commis- fidential sources represents an acceptance of included because Federal agencies would be
Sion members and employees with regard to the House language after receiving an as- governed by a requirement to clean up their
the handling and unlawful distribution of surance that in no instance would that records before a determination is made and
information about individuals which it re- language deprive an individual from know- limited by a requirement to publish each
ceives in the course of carrying out its func- ing of the existence of any information routine use of information in the Federal
tions. maintained in a record about Aim which Register, but the use of information by per-
While the provisions of the rest of this act was received from a "confidential source.' sons outside the Federal government would
do not go into effect until 270 days from the The agencies would not be able to claim not be governed by this act. Therefore, agen-
date of enactment, the commission is au- that disclosure of even a small part of a ties are directed to be far more careful about
thorized to go into effect immediately upon particular item would reveal the identity of the dissemination of personal information
the appointment of its members in order a confidential source. The confidential in- to persons not governed by the enforcement
that some of its work may be available to formation would at the very least have to provisions of this bill.
the Congress and the Executive Branch by be characterized in some general way. The THE FREEDOM OF INFORMATION ACT AND PRIVACY
the time the remainder of the legislation fact of the item's existence and a general One difficult task in drafting Federal pri-
becomes effective, characterization of that item would have vary legislation was that of determining the
ROUTINE USE to be made known to the individual in every proper balance between the public's right
The House bill contains a provision not case, to know about the conduct of their govern-
provided for in the Senate measure exempt- Furthermore, the acceptance of this see-
ing certain disclosures of information from tion in no way precludes an in.diVidual from have information and ther which is personal right i them
the requirement to obtain prior consent knowing the substance and source of confi- maintained with the greasepe degree of co
from the subject when the disclosure would dential information, should that information b The House on-
bill
be for a "routine use". The compromise be used to deny him a promotion in a gov- fidence by Federal agencies.
ernment job or access to classified informa- made no specific provision for Freedom of
would define "routine use" to mean, "with tion or some other right, benefit or privilege Information Act requests of material which
respect r the disclosure
for a p of a record, the use for which he was entitled, otherwise if he might contain information protected by the ecords patible with witth h the e a p purpose urpose for which which is it cams was should consequently bring legal action Privacy Act. Instead, in the committee report
against the government and should base any on the bill, it recognized that:
collected." part of its legal case on that information. "This legislation would have an effect on
Where the Senate bill woura have placed PFinally, it is important to note that the subsection (b) (6) of the Freedom of Infor-
tight infrimatio upon the oaoutside Fed- House provision would require that all fu- mation Act (5 U.S.C., Section 552) which
eral gences, h bHousn bi , nFe ture promises of confidentiality to sources of states that the provisions regarding disclo-
routine the House bill, under the information be expressed and not implied sure of information to the public shall not.
routine use provision, would permit the he promises. Under the authority to prepare apply to material 'the disclosure of which
agen Fedora ra to describe its routine usin to guidelines for the administration of this act would constitute a clearly unwarranted inva-Register info anon without and the then die consent of m Of to the thin- e it is expected that the Office of Management sion of personal privacy.' H.R. 16373 would
divide a or wit rd and Budget will work closely with agencies make all individually identifiable information
vidual c without cyapplying , time the standom- to insure that Federal investigators make in government files exempt from public dis-
pl accuracy, relevancy, timeliness or toms sparing use of the ability to make express closure. Such disclosure could be made avail-
being ass so long as ns bjctmination was promises of confidentiality, able to the public only pursuant to rules
being mompromis romise the .defsnint oion should seade STANDARDS APPLIED TO DISSEMINATION OUTSIDE published by agencies in the Federal Regis-
Thc com THE GOVERNMENT ter permitting the transfer of particular data
fence what as a cawhat us ses It w sgt w lill to mtake ke of out info o arm s- a- H.R. 16373 requires that all records which to ersons other than the individuals to
tion. This act is not intended to impose un- are used by an agency in making any deter- a,hom they pertain."
ittee report went on to. express
due burdens on the transfer of information mination about an individual be maintained The tomm
desire th tt enrep r w n t n make ress
to the Treasury Department to complete with such accuracy, relevance, timelin a
ess tads indiat age ies ontiu records open
payroll checks, the receipt of information by and completeness as is reasonably necessary ta the public because suca disclosure wo en
the Social Security Administration to com- to assure fairness to the individual in the o th the blicl interest.
plete quarterly. posting of accounts, or other determination. S. 3418 goes much further, ed that nothing in
such housekeeping measures and necessarily and requires that agencies apply these stand- The the ect Senate shall cilitl pr provoviddedd a permit the
frequent interagency or intra-agency trans- ards at any time that access is granted to thehctding of ono grued to ipermit the
fers of information. It is, however, intended the file, material is added to or taken from whh id otherwise required l in discltion to be
to discourage the unnecessary exchange of the file,"or at any time it is used to make a w law or am sg requ r thereunder. This
information to other persons or to agencies determination affecting the subject of the section was intended ti spthere under. This
who may not be of sensitive the collecting file. as The difference between these two measures of the need to permit disclosure under the
agency's reasons for r usinng an nd interperpreting
the material. represents a difference a philosophy regard Freedohi of Information Act.
The com romise amendment would add an
INFORMATION ON POLITICAL ACTIVITIES ing the handling Of personal information. . P
The Senate measure is designed to comply- additional condition, of disclosure to the
The House bill tells agencies that they may ment the requirement that agencies main- House bill which prohibits disclosure with-
not maintain a record concerning the politi- tain only information which is relevant and out written request of an individual unless
cal or religious beliefs or activities of any necessary to accomplish a statutory purpose. disclosure of the record would be pursuant
individual unless maintenance of the rec-. The standard of relevancy should be that to Section 552 of the Freedom of Informa-
ord would be authorized expressly by statute statutory basis for an information program tion Act. This compromise is designed to
or by the individual about whom the record which is now set forth in (e) (1) of the com- preserve the. status quo as interpreted by
is maintained. The House bill goes on to promise measure. By adopting this section, the courts regarding the disclosure of per-
provide that this subsection is not deemed the Senate hoped to encourage a periodic sonal information under that section.
to prohibit the maintenance of any record review of personal information contained in A related amendment taken from the Sen-
or activity which is pertinent to and within Federal records as those records were used ate bill would prohibit any agency from
the scope of a duly authorized law enforce- or disseminated for any purpose. relying upon any exemption contained in
ment activity. The House provision would have applied Section 552 to withhold from an individual
The Senate bill constitutes a `prohibition these important standards for maintenance any record which is otherwise accesible to
against agency programs established for the of information in records at any time a de- such individual under the provisions of this
purpose of collecting or maintaining in- termination is made about an individual. section.
formation about how individuals exercise The House bill goes on to permit additional
First Amendment rights unless the agency "routine uses" of information which may
head specifically determines that the pro- not rise to the threshold of an "agency de-
gram is required for the administration of a termination" without requiring that the in-
Thestatute. compromise broadens the House pro- formation be upgraded to meet these stand-
.
visions. application to all First Amendment eras adopt
rights and directs the prohibition against The cornPromise amendment woulld
the maintenance, use, collection, or dissemi- the section of the House bill aPP1 ng the
nation of records. However, as in the House standards of accuracy, relevance, timeliness
bill, it does permit the maintenance of those and completeness at the time of a determina-
records which are expressly authorized by tion. It would add the additional require-
statute or by the individual. subject, or-are ment, however, that prior to the dissemina-
pertinent to or within the scope of an au- tion of any record about an individual to any
thorized law enforcement activity. person other than another agency, the send-
CIVIL REMEDIES
Under the House bill an individual would
be permitted to seek an injunction against
an agency only to produce his record upon a
failure of an agency to comply with his re-
quest. An individual would be able to sue for
damages only if an agency failed to maintain
a record about him with such accuracy, rele-
vance, timeliness and completeness as would
be necessary to assure fairness and a deter-
mination about him, and consequently an
adverse determination was made. A suit for
damages would also be in order against an
agency if it fails to comply with any other
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J,uv,,,ltber 18, CONGRESSIONAL RECORD-ROUSE A 19.2i-1
- kiy Agency; or tneu Dy tine (entrai inteui-
genre Agency; of that body from both parties, was known as the Privacy Act of 1974. This
'(2) maintained by an agency or compo- messaged to the House. The House bill is truly an e historic of the United States is act-
function thereof which performs as its principal was Senate, called and up all on after the e November enacting in clause the inthe sense to implement even
function any activity pertaining to the en- g g in the finest
forcement of criminal laws, including police was stricken and the identical language further the Bill of Rights.
efforts to prevent, control, or reduce crime of S. 3418, was substituted for the House To my knowledge, this will be the first
or to apprehend criminals, and the activities language, and It was returned to the congressional action on a comprehensive
of prosecutors, courts, correctional, poba- House. This meant, Mr. Speaker, that Federal privacy law since the adoption of
tion_ pardon, or parole authorities, and which both the House and Senate versions of the fourth amendment to the C onstitu-
purpose consists of of (A) identifying information individual compiled for criminal the the privacy bills were pending at the tion. It is the solemn duty of the Con-
offenders and alleged offenders and consist- Speaker's desk-but both bills.-S. 3418 gloss, as well as the Supreme Court, to
ing only of identifying data and notations of and H.R. 16373-had the identical laei- implement the spirit and letter of the
arrests, the nature and disposition of crimi- guagc of the Senate-passed bill. Constitution.
nal charges, sentencing, confinement, release, Because of the lateness in the sessi Dn Although this bill is limited to personal
and parole and probation status; (B) infor- and the pressures on Members of both information on individuals contained in
mation compiled for the purpose of a crimi- bodies due to other pressing legislative Federal records, I am sure it is only the ts of formants tandiIn estigato sg andorassocia ea business, we determined that it would not first step to strengthen the right to
with an identifiable individual; or (C) re- be possible to resolve the complex differ- privacy.
ports identifiable to an individual compiled ences between the two bills in a confer- The operative parts of this legislation
at any stage of the process of enforcement of ence committee. Yet the sponsors and will go into effect in 9 months. In its
the criminal laws from arrest or indictment floor managers of the legislation on bo.h birth, I would like to think we are help-
through release from supervision. sides firmly agreed that it was iinperatiye ing America prepare for a grand bicen-
At the time rules are adopted under this sub- that final action be taken on privacy leg- tennial, rededicating ourselves to the
section, the agency shall include in the state- islatinn before the end of the Congre.,.s. fundamental principles of individual
ment required under section '583(c) of this We thereupon agreed, Mr. Speaker. freedom and dignity which made this
title, the reasons why the system of records upon a parliamentary procedure which Nation great.
is to be exempted from a provision of this
section." provided that the Senate bill, 8.3418, be Mr. Speaker, I will insert at this point
In section 5, strike out subsection (h) and taken from the Speaker's desk, be taken In the RECORD the text of an analysis
inner in its place: up by the House and repassed with the prepared by staff of the major amend-
- (h) (1) Any member, officer, or employee language of the House bill, HR. 16373, ments added to the House bill in the
of the Commission, who by virtue of his em- as passed, substituted for all after the other body:
ployment or official position, has possession enacting clause and returned to the ANALYSIS OF AOUSE AND SENATE COMPROMISE
of, or access to, agency records which con- Senate for further action. This action AMENDMENTS TO THE FEDERAL PRIVACY ACT
tain individually identifiable information the was taken by me last Wedne;.da De'-
disclosure of which is prohibited by this y, The establishment of a Privacy Protection
section and' who knowing that disclosure 'ember 11 (RECORD, pages H11661- Study Commission. Only the Senate bill pro-
of the specific material is so prohibited, will- E311666), and the Senate bill was r( vided for an oversight and study commission
fully discloses the material in any manner to turned to that body with the language (=f to assist in the implementation of the act
any person or agency not entitled to receive H.R. 16373, as passed on November 2z, and to explore areas concerned with individ-
it, shall be guilty of a misdemeanor and fined and the short title was also amended ua= privacy which have not been included in
not more than $5,000. O reflect the House version. the provisions of this legislation. The coin-
(2 i Any person who knowingly and will- Mr. Speaker, the other body has no,;,, promise measure will establish a Privacy
fully requests or obtains any record con- Protection Study Commission of seven meal-
cerning an individual from the Commission ]rents S. 3418 with a series o? amend- hers instead of the five provided in the Sen-
under false pretenses shall be guilty of a -many technical and some sub- ate bill. Three of these members will be
be
misdemeanor and fined not more, than 15ta1 tive-which retain the basic thrust appointed by the President, two by the Pres-
$5,000." of theHouse version, but which includ_h ident of the Senate, and two by the Speaiter
Mr. MOORHEAD of Pennsylvania. Mr. important segments of the Senate meal- of the House Of Representatives.
Speaker, I k unanimous consent that tire. These amendments were irformall;,? It is Intended that this Commission, which
negotiated by the staffs of the House ant. will serve for a period of two years, will be
the full text of S. 3418, containing the ;create committees and are based Oxi solely a study commission. In that capacity
Senate amendments to the House amend- E.greements between the principal it is hoped the card the C cgr assist their
ment s, be considered as read and printed sors of the privacy bills in the t the tspore . eExecutive xamination Branch and the nments c shes
at this point in the RECORD, and that wo bodies. examinat4on of Federal government activities
the text o point Hh technical that calling up the bill for final action and their impact on privacy as well as repre-
men being be e t xt of othe ffered see o technical amend- at the and clearance for White House action sentatives of State and local governments
th
end thereof. today, I am asking that the Houle concur and the private sector who are attempting to
i:1 these amendments-which in m:` deal with this important problem.
The SPEAKER. Is there objection to opinion preserve the basic fram,rwork of The scope of the commission's study an-
the request of the gentleman from the House bill, but which make a number legisly is outlined specifically (c) (2)within the
Pennsylvania? legislation. In section 5 .(c) (2) (B), the com-
Mr. ERnENBORN. Mr. Speaker, re- of significant strengthening changes irmission is directed to examine certain issues
serving the right R object, pe I r, not tie privacy measure that were includes which are not included In the compromise
serin toe nigh I would like and ask the In the Senate version. As Members wil, between the House and Senate bill, such as ect, chairman ofbj the subcommittee to explain recall, President Ford specifically en- a requirement that a person maintaining
dorsed the provisions of H.R. :16373 iri mailing lists remove an individual's name
the Senate amendments for our col- Cictober, with the provision that the upon request; the question of prohibiting
leagues. amendment offered by the the transfer of individually identifiable data
Mr. MOORHEAD of Pennsylvania. Mr. from Illinois (Mr. ERLENSORN), relate g from the Internal tevgove Se a is nts; to ques-
Speaker, I will be most pleased to ex- to certain confidential investigative rec- ton ~of whethertthe Federal r quest
plain the Senate amendments and then o:-ds be included in the bill. Such amend- should he liable for general damagesroccur-
will yield to the gentleman from Illinois ment was agreed to by the House on No- ring from a willful or intentional violation
for additional comments he or other umber 20, and is included in the version of the provisions of new section 552a(g) (1)
Members may have on the privacy bill, of the privacy bill now before Ui. Thus, (C) or (D) which this act creates; and the
or for questions concerning its provisions. Mr. Speaker, the bill now being consid- extent, to which requirements for security
First, let me explain briefly the par- ered here today has the full backing of under and coh this act shotishouuld of be rapplied t to a p a . peersorson
liamentary -applien
situation. Both the House and the White House, and the Members of other than act
an agency.
the Senate passed privacy legislation on both parties in the House and the Senate The commission shall from time to time
November 21. Our bill, H.R. 16373, was who have had the responsibility of han- and in an annual report, report to the Con-
messaged over to the Senate the follow- dling the measure in committee and on gress and to the President on Its activities.
ing day. The Senate measure, S. 3418, the floor. and it shall submit a final report of its find--
sponsored- by the distinguished Senator Mr. Speaker, in its concurrence, the ings two gears from the date the members
from North Carolina, Mr. ERVIN, and a House of RepresentativesIs clearing for
of the In addittion,,sst~encoare mmiissiontis authorized
number of otherdistinguished Members final congressional action what will be to provide necessary technical assistance and
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December 18, 1974 CONGRESSIONAL RECORD -HOUSE H 1.,
Mr. McFALL. I would not think that
any precedent is intende4,, What we are
trying to do is 'to facilitat the business
of this House today, and I think the gen-
tleman from Wisconsin wilNnderstand
that some of these confere reports
are very important and it woult- be bet-
ter for us to get them as they a in.
Mr. STEIGER of Wisconsi _ Mr.
Mr. Speaker, I withdraw my rese
tion of objection.
the request of the gentleman from Cali-
fornia?
There was no objection.
ANNOUNCEMENT BY THE SPEAKER
The SPEAKER. The Chair is not going
to take conference reports until the
urgent supplemental appropriations bill
is disposed of. That is the purpose of this
request.
Commission nor shall there be more than
one member from any one Indian tribe.
(d) Vacancies in the membership of the
Commission shall not affect the power of the
remaining members to execute the functions
of the Commission and shall be filled in the
same manner as in the case of the original
appointment.
(e) Six members of the Commission shall
constitute a quorum; but a smaller number,
as determined Jay the Commission, may con-
duct hearings: Provided, That at least one
congressional member must be present at
any Commission hearing.
(f) Members of the Congress who are
embers of the Commission shall serve with-
er , but they may be reimbursed for travel,
sub tence, and other necessary expenses in-
curre by them in the performance of duties
vested the Commission.
(g) Indian members of the Commis-
sian shal eceive compensation for each day
such me IS are engaged in the actual
performanc f duties vested in the. Com-
mission at a ally rate not to exceed the
daily equivale of the maximum compen-
sation that may' a paid to employees of the
United States ge ally. Each such member
may be reimbur or travel expenses, in-
cluding per diem in u of subsistence.
SEC. 2. It shall be a duty of the Com-
mission to make a co ehensive investiga-
tion and study of In affairs and the
scope of such duty shall elude, but shall
ESTABLISHMENT OF . AMERICAN
INDIAN POLICY REVIEW COMMIS-
SION
Mr. MEEDS. Mr. Speaker, I ask unani-
.mous consent to take from the Speaker's
desk the Senate joint resolution (S.J.
Res. 133) to provide for the establish-
ment of the American Indian Policy Re-
view Commission, with Senate amend-
ments to House amendments thereto,
and concur in the Senate amendments.
The Clerk read the title of the Senate
joint resolution,
The Clerk read the Senate amend-
ments to the House amendments, as
follows :
In lieu of the matter proposed to be
inserted by the house engrossed amendment
to the text of the resolution insert:
That
(a) In order to carry out the purposes
described in the preamble hereof and as
further set out herein, there is hereby
created the American Indian Policy Review
Commission, hereinafter referred to as the
"Commission".
(b) The Commission shall be composed
of eleven members, as follows:
(1) three Members of the Senate ap-
pointed by the President pro tempore of the
Senate, two from the majority party and one
from the minority party;
(2) three Members of the House of Repre-
sentatives appointed by the Speaker of the
House of Representatives, two from the ma-
jority party and one from the minority
party; and
(3) five Indian members as provided in
subsection (c) of this section.
(c) At its organization meeting, the mem-
bers of the Commission appointed pursuant
to section (b) (1) and (b) (2) of this section
shall elect from among their members a
Chairman and a Vice Chairman. Immedi-
ately thereafter, such members shall select,
by majority vote, five Indian members of
the Commission from the Indian commu-
nity, as follows:
(1) three members shall be selected from
Indian tribes that are recognized by the
Federal Government;
(2) one member shall be selected to rep-
resent urban Indians; and
(3) one member shall be selected who is
a member of an Indian group not recognized
by the Federal Government.
None of the Indian members shall be em-
ployees of the Federal Government concur-
rently with. their term of service on the
(1) a study and analysis the Constitu-
tion, treaties, statutes, Judi interpreta-
tions, and Executive orders to termine the
attributes of the unique rein ship be-
tween the Federal Government d Indian
Tribes and the land and other reso es they
(2) a review of the policies, practlc and
structure of the Federal agencies ch ged
-
with protecting' Indian resources al-ii-%L0
viding services to Indians: Provided, t
study of the Bureau of Indian Affairs utiliz-
ing experts from the public and private
sector;
(3) an examination of the statutes and
procedures for granting Federal recognition
and extending services to Indian communi-
ties and individuals; -
(4) the collection and compilation of data
necessary to understand the extent of Indian
needs which presently exist or will exist in
the near future;
(5) an exploration of the feasibility of al-
ternative elective bodies which could fully
represent Indians at the national level of
Government to provide Indians with maxi-
mum participation in policy formation and
program development;
(6) a consideration of alternative methods
to strengthen tribal government so that the
tribes might fully represent their members
and, at the same time, guarantee the funda-
mental rights of individual Indians; and
(7) the recommendation of such modifica-
tion of existing laws, procedures, regulations,
policies, and practices as will, in the judg-
ment of the Commission, best serve to carry
out the policy and declaration of purposes
as.set out above.
POWERS OF THE COMMISSION
SEC. 3. (a) The Commission or, on author-
ization of the Commission, any committee of
two or more members is authorized, for the
purposes of,carrying out the provisions of
this resolution, to sit and act at such places
and times during the sessions, recesses, and
adjourned, periods of Congress, to -require by
subpena or otherwise the attendance of such
witnesses and the production of such books,
papers, and documents, to administer such
oaths and affirmations, to take such testi-
mony, to procure such printing and binding,
and to make such expenditures, as it deems
advisable. The Commission may make such
rules respecting its organization and pro-
cedures as it deems necessary, except that no
recommendation shall be reported from the
Commission unless a majority of the Com-
mission assent. Upon the authorization of the
Commission subpenes may be issued over
the signature of the Chairman of the Com-
mission or of any member designated by him
or the Commission, and may be served by
such person or persons as may be designated
by such Chairman or member. The Chairman
of the Commission or any member thereof
may administer oats or affirmations to wit-
nessses.
(b) The provisions of sections 192 through
194, inclusive, of title 2, United States Code,
shall apply in the case of any failure of any
witness to comply with any subpena when
summoned under this section.
(c) The Commission is authorized to se-
cure from any department, agency, or instru-
mentality of the executive branch of the
Government any information it deems neces-
sary to carry out its functions under this
resolution and each such department,
agency, or instrumentality is authorized and
directed to furnish such information to the
Commission and to conduct such studies
and surveys as may be requested by the
Chairman or the Vice Chairman when act-
ing as Chairman.
(d) If the Commission requires of any
witness or of any Government agency the
.production of any materials which have
theretofore been, submitted to a Govern-
ment agency on a confidential basis, and the
confidentiality of those materials is pro-
tected by statute, the material so produced
shall be held in confidence by the Commis-
sion.
INVESTIGATING TASK FORCES
SEC. 4. (a) As soon as practicable after the
organization of the Commission, the Com-
mission shall, for the purpose of gathering
facts and other information necessary to
carry out Its responsibilities pursuant to sec-
tion 2 of this resolution, appoint investigat-
& directed to make preliminary investiga-
tfo and studies in the various areas of
Inds affairs, including, but not limited to-
(1) .rust responsibility and Federal-
Indian lationship, including treaty review;
(2) t al government;
(3) F I administration and structure
of Indian a irs;
(4) Fede , State, and tribal jurisdiction;
(5) Indian ducation;
(6) Indian aith:
(7) reservati development;
nonreservation, termi-
(8) urban, r I
nated, and nonfe rally recognized Indians;
(9) Indian law re ion, consolidation, and
codification.
(b) (i) Such task f ces shall have such
powers and authorities,. carrying out their
responsibiities, as shall a conferred upon
them by the Commission except that they
shall have no power to iss subpenas or to
administer oaths or affirms ons: Provided,
That they may call upon the'ommission or
any committee thereof, in the ommission'5
discretion, to assist them in curing any
testimony, materials, documen or other
information necessary for their nvestiga- -
(ii) The Commission shall req a each
task force to provide written quart ly re-
ports to the Commission on the pro ss of
the task force and, in the discretion tile
Commission, an oral presentation of sue re
port. In order to insure the correlatioikof
tions of the Commission, the Director of the
Commission shall coordinate the independ-
ent efforts of the task force groups. .
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 Approved For Rel CIA-RDP76M00527R000700150087-3
AL RECORD --HOUSE December 1.8, 197.$
(C) The Commission may fix the compema- legal relationship with American Indian
: ion of the members of such task forces at people, finds that-
:. rate not to exceed the daily equivalent of (a) the policy implementing this resation-
te highest rate of annual compensation that ship has shiftedand Changed with changing
say be paid to employees of the United administrations and passing years, without
c,?tes Senate generally, apparent rational design and without e con-
(d) The Commission shall, pursuant to sistent goal to achieve Indian self-sufficiency;
action 6, insure that the task forces are (b) there has been no general comp;?ehen-
1?!?ovided with adequate staff suppport in ad- save review of conduct of Indian af>'airs by
,..ition to that authorized under section 6 the United States nor a coherent invc stiga-
(ut), to carry out the projects assigned to Tian of the many problems and issues in-
e n v.;lved in theconduct of Indilin affairs; since
(c) Each task force appointed by the Corx- the 1928 Meriam Report conducted by the
?Assion shall, within one year from the date Institute for Government research; and
rf the appointment of its members, subtrit (c) in carrying out its responeii:-ilities
the Commission its final report of invests- u, der its plenary power over Indian ?.ffalrs,
g:.tion and study together with recori- it is imperative that the Congress now cause
r. exidatlons thereon. trash a comprehensive review of Indbs.n af-
RP::PORT OF THE COMMISSION f -:.rs to be conducted.
;:c. 5, Upon the report of the task fords DECLARATION OF PUI?OSE
x?a.ar,e pursuant to section 4 hereof, the Conn-Congress declares that it Is timel:' and
n?lsrtpn shall review and compile such re- ese:ential to conduct a comprehensive review
ports, together with its independent find- of the historical and legal developments
ye, into a final report. Within six months underlying the Indians' unique relatic,iship
a tier the reports of the investigating tae'k with the Federal Government in order o de-
f.irces, the Commission shall submit its final termine the nature and scope of necessary
a >ort, together with recommendations revisions in the formulation of policies and
thereon, to the President of the Senate and programs for the benefit of Indians.
the Sneaker of the House of Representatives.
`i:'he Commission shall cease to exist six Mr. MEEDS (during the reading).
It onths after submission of said final report Mr. Speaker, I ask unaninmous consent
brit not later than June 30, 1877. All recorcb that the Senate amendments to the
arid papers of the Commission shall there- House amendments be considered as
u+noa be delivered to the Administrator of read.
the General Services Administration fc.r
d-oosit In the Archives of the United Staten. The SPEAKER. there objection to
;b) Any recommendation of the commie the request of the gentleman from
i rn involving the enactment of legislation Pennsylvania'
shall be referred by the President of the There was no objection.
cutatfves, respectively, and sue commit- i,
tens shall make a report thereon o the re- table'
snrective house within two year of such
ments to the Emse
otion to reconsider was laid oli the
system of records within the agency from
any part of this section except subsections
(b), (c) (1) and (2), (e)(4) (A) through
(F), (e) (6), (7), (9), (10), and (11), and
(i) if thesystem of records is-
"(1) maintained by the Central Intelli-
gence Agency; or
- "(2) maintained by an agency or compo-
nent thereof which performs as its principal
function any activity pertaining to the so-
forcement of criminal laws, including poll,--(,
efforts to prevent, control, or reduce crine
or to apprehend criminals, and the activitir:
of prosecutors, courts, correctional, proba-
tion, pardon, or parole authorities, ai:
which consists of (A) information compiler
for the purpose of identifying individu::..
criminal offenders and alleged offenders and
consisting only of identifying data and notr-
tions of arrests, the nature and disposition
of criminal charges, sentencing, confine-
ment, release, and parole and probation.:
status; (B) information compiled for td-
purpose of a criminal investigation, incluc::-
ing reports of informants and investigator'-
and associated with an identifiable individ-
ual; or (C) reports identifiable to an individ-
ual compiled at any stage of the process c.
enforcement of the criminal laws from arres r
or indictment through release from vupei -
vision.
At the time rules are adopted tinder this
subsection, the agency shall include in th.:
statement required under section 553(c) of
this title, the reasons why the system of rec-
ords is to be exempted from a provision of
this section.
(3) Page 42, strike out lines 11 through
21, and insert:
,(h) (1) Any member, officer, or employer=
of the Commission, who by virtue of his-em-
ployment or official position, has possession
of, or access to, agency records which con-
tain individually identifiable informatior_
the disclosure of which is prohibited by thi-
section, and who knowing that disclosure
of the specific material is so prohibited, will-
fully discloses the material in any manner
to any person or agency not entitled to re-
ceive it, shall be guilty of a misdemeano
and fined not more than $5,000.
(2) Any person who knowingly and will-
fully requests or obtains any record concern
ing an individual from the Commission un-
der faire pretenses shall be guilty of a mis-
demeanor and, fined not more, than $5,000
The Clerk read the House amendment
to the Senate amendments to the House
amendments as follows:
1. In section 3, strike out subsec,~io.i (e
(6) and insert in its place:
"'(6) prior to disseminating any record
about an individual to any person other than
an agency, unless the dissemination in madc
pursuant to subsection (b) (2) of this sec-
tion, make reasonable efforts to assure that
such records are accurate, complete, timely.
and relevant for agency purposes;".
2. In section 3, strike out subsectio: (ej
(7) and insert in Its place:
"'(7) maintain no record describing how
any individual exercises rights guaranteed
by the First Amendment unless expressly
authorized by statute or by the individual
about whom the record is maintained or un-
less pertinent to and within the scope of an
authorized law enforcement activity;".
3. In section 3, strike out subsection (j)
and insert in its place:
"(j) GENERAL ExEMpTIONs. The head of
any agency may promulgate rules, in ac-
cordance with the requirements (including
general notice) of sections 553(b) (1), (2),
and (3), (c), and (e) of this title, to exempt
any system of records within the agency
from any part of this section except subsec-
tions- (b), (c) (1) and (2), (e) (4) (A)
through (F), (e) (6), (7), (9), (10), and
(11). and (1) if the system of records Is---
vote of a majority of the Commissl mem? Mr. MOORHEAD of Pennsylvania. Mr.
IN vs, appoint a Director of the Com ission, Speaker, I ask unanimous consent to
a General Counsel, one profession stair take from the Speaker's desk the Senate
member, and three clerical assistan . The bill (S. 3418) to establish a Privacy ~Pro-
Commission shall prescribe the duti and t
e., ~._ - ,
e
i
fix their compensation at per annum belt meat systems in Federal agencies and
rates not in excess of the per annum ra Or certain other organizations with respect
compensation prescribed for employ o" to the, gathering and disclosure of irs`or-
st:tndinc; committees of the Senatpe. oration concerning individuals, and for
f b) In carrying out any of its funet - ns other purposes, with Senitte amend-
uoder this resolution, the Commissio b meats to the House amendments and
authorized to utilize the services, infer a- concur in the Senate amendments ith
tion, facilities, and personnel of the Exe u-
tics departments and agencies of the v- an amendment.
er ,ment, and to procure the temporary 'or The Clerk read the title of the biI:'_,
in.,ermittent services of experts or cons t- The Clerk read the Senate amt-
,)d-ants or organizations thereof by contra 'at melts, as follows:
sal es of compensation not in excess of e (1) Page 16, strike out lines through 10,
daily equivalent of the highest per ann-m inclusive, and insert:
rate of compensation that may be paidjto "(6) prior to disseminating any re-ord
enployees of the Senate generally. - - about an individual to any person other i;iian
:iEC. 7. There is hereby authorized to be an agency, unless the dissemination is made
ap iropriated a sum not to exceed $2,500,000 Pursuant to subsection (b) (2) of this sec-
to carry out the provisions of this resolu- tion, make reasonable efforts t:, assure that
tio,i. Until such time as funds are appro- such records are accurate, complete, timely,
priated pursuant to this section, salaries and and relevant for agency purposes;
expenses of the Commission shall be paid "(7) maintain no reccrd describing low
from the contingent fund of the Senate upon any individual exercises rights guaranteed
vouchers approved by the Chairman. To the by the First Amendment unless expressly
extent that any payments are made from authorized by statute or by the individual
the contingent fund of the Senate prior to about whom, the record is maintained or un-
the time appropriation is made, such pay- less pertinent to and within the scope of an
ments shall be chargeable against the maxi- authorized law enforcement activity;
m-c+_m -,mount authorized herein. (2) Page 24; strike out all after line 10
in lieu ofthe matter proposed to be in- over to and including line 24 on page 25, s.nd
sorted by the House engrossed amendment to insert:
the preamble of the resolution insert: "(.) GENERAL EREMPTIONs-:Che head of
CONGRESSIONAL FINDINGS any agency may promulgate rules, in acccrd-
anec with the requirements (including gen-
The Congress, after careful review of the eral notice) of sections 553(b) (1), (2), and
Federal Government's historical and special -(3), (c), and (e) of this title, to exempt any
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