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Records of the Office of the Counsel to the President (Clinton Administration)
Wendy White's Files
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Case Number: 2006-1066-F
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Folder Title:
Legal Research [1]
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1
V
November 20, 1974
CONGRESSIONAL RECORD-HOUSE
36643
by individuals who have been denied ac-
and access to classified informati
The SPEAKER. Is there objection to
the request of the gentleman from New
cess to their records or whose records
strongly urge floor amendments perm
have been kept or used in contravention
workable exemptions to accommodate
situations.
York? There was no objection.
of the requirements of the act. The com-
plainant, if successful, may recover
The cost of implementing this
actual damages and costs and attorneys
estimated to be between $200 millio
fees, if the agency's infraction was will-
$300 million a year, with a one
PRIVACY ACT OF 1974
ful, arbitrary or capricious.
"start up" cost of $100 million.
Mr. MURPHY of Illinois. Mr. Speaker,
Mr. Speaker, I urge the adoption of
Mr. MURPHY of Illinois. Mr. Speaker
by direction of the Committee on Rules,
House Resolution 1419 in order that we
I have no further requests for time, and
I call up House Resolution 1419 and ask
may discuss, debate, and pass H.R. 16373.
I move the previous question on the res-
for its immediate consideration.
Mr. DERWINSKI. Mr. Speaker, will
olution.
The Clerk read the resolution as fol-
the gentleman yield?
The previous question was ordered.
Mr. MURPHY of Illinois. I will be
The resolution was agreed to.
lows
H. RES 1419
happy to yield to the gentleman from
A motion to reconsider was laid on the
Resolved, That upon the adoption of this
Illinois.
table.
resolution it shall be in order to move that
Mr. DERWINSKI. Mr. Speaker, I had
Ms. ABZUG. Mr. Speaker, I move that
the House resolve itself into the Committee
a number of questions about this rule
the House resolve itself into the Com-
of the Whole House on the State of the
and the bill, but the gentleman from
mittee of the Whole House on the State
Union for the consideration of the bill (H.R.
Illinois (Mr. MURPHY) described it in
of the Union for the consideration of the
16373) to amend title 5, United States Code,
by adding a section 552a to safeguard indi-
such a truly effective fashion that I at
bill (H.R. 16373) to amend title 5, United
this point do not have any questions.
States Code, by adding a section 552a to
vidual privacy from the misuse of Federal
records and to provide that individuals be
I commend the gentleman for the
safeguard individual privacy from the
granted access to records concerning them
scholarly presentation.
misuse of Federal records and to provide
which are maintained by Federal agencies.
Mr. MURPHY of Illinois. I thank the
that individuals be granted access to rec-
After general debate, which shall be con-
gentleman for that comment.
ords concerning them which are main-
fined to the bill and shall continue not to
Mr. Speaker, I yield to the gentleman
tained by Federal agencies.
exceed one hour, to be equally divided and
controlled by the chairman and ranking
from Ohio (Mr. LATTA).
The SPEAKER. The question is on the
Mr. LATTA. Mr. Speaker, this rule,
motion offered by the gentlewoman from
minority member of the Committee on Gov-
ernment Operations, the bill shall be read
House Resolution 1419 provides for the
New York (Ms. ABZUG).
for amendment under the five-minute rule.
consideration of H.R. 16373. the Privacy
The motion was agreed to.
It shall be in order to consider the amend-
Act of 1974. There will be 1 hour of gen-
IN THE COMMITTEE OF THE WHOLE
ment in the nature of a substitute recom-
eral debate on the bill and it will be open
Accordingly the House resolved itself
mended by the Committee on Government
to all germane amendments. In order to
into the Committee of the Whole House
Operations now printed in the bill as an
preserve the normal amending process,
on the State of the Union for the con-
original bill for the purpose of amendment
under the five-minute rule. At the conclu-
the rule makes the committee substitute
sideration of the bill, H.R. 16373, with
sion of such consideration, the Committee
in order as an original bill for the pur-
Mr. BRADEMAS in the chair.
shall rise and report the bill to the House
pose of amendment.
The Clerk read the title of the bill.
with such amendments as may have been
The general purpose of H.R. 16373 is
By unanimous consent, the first read-
adopted. and any Member may demand a
to protect the privacy of individuals by
ing of the bill was dispensed with.
separate vote in the House on any amend-
regulating the Federal Government's col-
The CHAIRMAN. Under the rule, the
ment adopted in the Committee of the
lection and use of personal information.
Whole to the bill or to the committee amend-
gentleman from California (Mr. HOLI-
ment in the nature of a substitute. The pre-
The bill includes provisions to do the
FIELD) will be recognized for 30 minutes.
vious question shall be considered as ordered
following things: (a) The bill permits an
and the gentleman from Illinois (Mr.
on the bill and amendments thereto to final
individual to have access to records con-
ERLENBORN) will be recognized for 30
passage without intervening motion except
taining personal information on him kept
minutes.
one motion to recommit with or without
by Federal agencies for purpose of in-
The Chair recognizes the gentleman
instructions.
spection and correction, with some ex-
from California (Mr. HOLIFIELD).
Mr. MURPHY of Illinois. Mr. Speaker,
ceptions, such as national security and
Mr. HOLIFIELD. Mr. Chairman, I
I yield 30 minutes to the minority. to the
law enforcement records. (b) The bill
yield 9. minutes to the gentleman from
distinguished gentleman from Ohio (Mr.
will make known to the American pub-
Pennsylvania (Mr. MOORHEAD).
LATTA), pending which I yield myself
Iic the existence and characteristics of
Mr. MOORHEAD of Pennsylvania.
such time as I may consume.
all personal information systems kept by
Mr. Chairman, it is with a deep feeling
Mr. Speaker, House Resolution 1419
every Federal agency. (c) The bill pro-
of honor and pride that I present to the
provides for an open rule with 1 hour
hibits any Federal agency records from
House of Representatives today H.R.
of general debate on H.R. 16373, the Pri-
including information on political and
16373. "The Privacy Act of 1974."
vacy Act of 1974.
religious beliefs unless authorized by law
Like the Freedom of Information Act.
House Resolution 1419 provides that it
or the individual himself. (d) The bill
this bill is also totally bipartisan. It was
shall be in order to consider the amend-
provides a civil remedy by individuals
approved by the Committee on Govern-
ment in the nature of a substitute rec-
who have been denied access to their rec-
ment Operations by a unanimous roll-
ommended by the Committee on Gov-
ords or whose records have been kept or
call vote of 39 to 0. It has the enthusias-
ernment Operations now printed in the
used in violation of this act. The plain-
tic support of President Ford except on
bill as an original bill for the purpose
tiff may recover actual damages and
one point which the House itself will
of amendment under the 5-minute rule.
costs and attorney's fees if the agency's
resolve when an amendment is offered
H.R. 16373 permits an individual to
violation was willful, arbitrary or capri-
on the floor. More important, I sincerely
have access to records containing per-
clous. (e) The bill provides that anyone
believe such legislation has the wide-
sonal information on him kept by Federal
who obtains a Federal record containing
spread support of the American people.
agencies for purposes of inspection,
personal information by false pretenses
I believe they want us to act on this bill
copying, supplementation and correction,
is subject to a fine up to $5,000.
without delay.
with certain exceptions, including law
Mr. Speaker, I would like to point out
It seems to me that the events of the
enforcement and national security rec-
that on October 9 the President sent a
past several years have a lesson in them.
ords.
message up here in which he stated as
Americans want to see more credibility
H.R. 16373 also allows an individual to
follows:
in Government, and they want to see
control the transfer of personal informa-
H.R. 16373, the Privacy Act of 1974, has
the removal of any undue Government
tion about him from one Federal agency
my enthusiastic support, except for the pro-
visions which allow unlimited individual ac-
power which could be used to invade
to another for nonroutine purposes by
requiring his prior written consent.
cess to records vital to determining eligi-
their personal privacy.
bility and promotion in the Federal service
This landmark legislation, H.R. 16373,
H.R. 16373 also provides a civil remedy
36644
CONGRESSIONAL RECORD-HOUSE
November 20, 1974
is a first&step in that direction. It is in
ized interests in national security and law.
When such information is stored on
total harmony with the spirit of the Con-
enforcement.
tape it is easily transferred from one
stitution. It gives individuals as a matter
We have tried to tailor this bill so that
user to another.
of right some meaningful control over
it will protect individual rights and at
The potential danger to individual
how the Federal Government utilizes
the same time permit the Government to
freedom is so great that it is easy to un-
personal information about them.
operate responsibly and perform its func-
derstand why the concept of legislation
H.R. 16373, when passed and signed by
tions without unjustifiable impediments.
to protect the privacy has support
the President, will be the first compre-
As a result, we think it will go a long
a broad spectrum of political and I
hensive law dealing with the right of
way in restoring confidence by the Ameri-
sophical beliefs.
privacy of the individual citizen.
can people that Government is indeed
I think the Members should be E
At the outset, I should state that this
responsive and sensitive to individual
of the fact that in the event of the
bill affects only personally identifiable
rights. Simply put, this legislation will
ure of Congress to act on this legisl:
files or systems of files held by the Fed-
demonstrate that Congress is determined
the President intends to issue an E
eral Government. It does not seek to
that Government will act as the servant
tive order which would put a simila
regulate those files maintained by State
of the people and not its master.
vacy system into effect. Howeve
or local governments or by private en-
Under a key provision of this bill, no
would lack the necessary civil remedies
tities.
Federal agency shall disclose any per-
and criminal penalties to provide our cit-
Although this bill appears complicated
sonal information record to another
izens with adequate redress. Besides, this
on its face, it breaks down into four
agency or person unless this action is
task is a congressional responsibility and
straightforward provisions: First, notice;
done by request of the individual or with
I think you will agree, we should face up
second, access; third, regulation of dis-
his prior written consent.
to it.
closure, and fourth civil and criminal
An exception is permitted in the case
On another matter, our subcommittee
remedies.
of routine transfers, such as when the
has received numerous phone calls from
NOTICE
Social Security Administration instructs
State tax commissioners asking whether
Basically the bill provides that each
the Treasury to issue a benefit check.
their tax information transfer agree-
and every system of records, as defined
Thus routine transfers of personal in-
ments with the U.S. Internal Revenue
by the act, shall be made public by notice
formation will be permitted between
Service will be harmed by this bill. The
in the Federal Register. This notice shall
agencies so that the regular business of
answer is "no," because I am certain the
list the essential characteristics of the
Government can proceed without delay.
Treasury Department will publish that
system, the categories of persons to
Nonroutine transfers, however, are
type of activity as a "routine transfer"
which it applies, its physical character-
another matter. In those cases, the prior
permitted under this bill and other
istics, the uses to which it is put, and the
written consent of the individual will be
statutes.
person responsible for its maintenance
required by law.
My colleagues, H.R. 16373 actually is
and operation.
What is a nonroutine transfer? That
the result of an awareness of the prob-
ACCESS
is a transfer of personal information used
lems of invasion of privacy which began
Each individual shall be given access
for a different purpose than for which
growing more than a decade ago when
to his record within the system on his
it was originally collected. This in itself
the House Committee on Government
request, with the exception of files re-
is going to stop a lot of hanky-panky. It
Operations started its initial investiga-
lated to criminal investigations or na-
will make it legally impossible for the
tions into this subject. Other committees
tional security. Along with access to the
Federal Government in the future to put
also discovered what these problems are.
file, the individual concerned shall have
together anything resembling a "1984"
A lot of water has passed under the
the right to challenge inaccurate infor-
personal dossier on a citizen.
bridge since then. The Nation has sur-
mation and supplement the file to ex-
It means interagency computer data
vived numerous major and minor
plain or contradict inaccuracies.
banks will not be able to share personal
"floods." It is now time to build a strong
DISCLOSURE
information unless the data is truly a
dam to make certain we are not endan-
Disclosure of the information by the
routine transfer where its general use
gered again. I beseech you to support this
agency holding the file shall be limited
has already been made known to the in-
bill and implement the Constitution, as
to those disclosures which are of the type
dividual and his consent obtained.
we have a duty to do.
previously announced in the Federal Reg-
The consent requirement and other
Mr. DENNIS. Mr. Chairman, will the
itser. Other disclosures of a "nonroutine
provisions of the bill are backed up with
gentleman yield?
nature" may be made only upon the prior
criminal and civil penalties. This also
Mr. MOORHEAD of Pennsylvania. I
written informed consent of the individ-
will help protect Americans and at the
yield to the gentleman from Indiana.
ual concerned.
same time give Government officials a
Mr. DENNIS. I thank the gentleman
REMEDIES
good reason to say "no" to any improper
for yielding. With reference to the
Civil damages are available to individ-
requests from anyone for personal infor-
gentleman's statement that this would
uals who are injured by determinations
mation on any other American.
keep the Government from maintaining
made on the basis of inaccurate or in-
This legislation also requires that Fed-
records as to political beliefs, would this
complete records and criminal penalties
eral agencies, in making determinations
bill prevent the Federal Bureau of In-
are provided for illegal disclosure by Gov-
on individuals, utilize records which are
vestigation from maintaining a list of
ernment employees, or fraudulent access
accurate, relevant, timely, and complete.
Communist Party members or people
by individuals.
This assures fairness to the individual
who belong to organizations which are
I am going to say something very im-
and, in our view, is going to result in
dedicated to the violent overthrow of the
portant now, especially in light of dis-
much better decisions by Government
Government, or anything of that sort?
closures during the last week or so on the
officials.
Mr. MOORHEAD of Pennsylvania.
Federal Bureau of Investigation and the
Senator ERVIN has referred to the situ-
Lawful criminal investigations of that
Internal Revenue Service. H.R. 16373 also
ation existing now as "the Government's
type would be exempt from the bill, but
prohibits the Government from keeping
voracious appetite for personal informa-
normal dissidents, exercising first
secret personal information systems and
tion about each of us."
amendment rights, would be covered.
collecting records on political and religi-
His subcommittee reported that the
Mr. DENNIS. If it hinged on the crimi-
nal field, it would come under the ex-
ous beliefs. This proposed statute would
Federal Government has at least 858
emption which was referred to earlier?
thus provide greater safeguards for pro-
data banks of which 741 were computer-
Mr. MOORHEAD of Pennsylvania.
tecting the lawful exercise of first
ized. Although 93 agencies did not report
The gentleman is correct.
amendment rights.
the number of records kept, those which
Mr. DENNIS. And would the gentle-
The remainder of the provisions of the
did, reported a total number of records
man agree that if it dealt with indi-
bill are designed to provide the legal teeth
kept as 1 billion, 245 million individual
viduals or organizations dedicated to the
to enforce these rights and limitations.
records or an average of almost 6 rec-
violent overthrow of the Government,
Special provision is made to protect
ords for every man, woman, and child in
that that would fall within the criminal
America's legitimate and legally author-
America.
exemption?
November 20, 1974
CONGRESSIONAL RECORD-HOUSE
36645
It follows that exemptions should re-
to view these often as conflicting, but I
MOORHEAD of Pennsylvania.
Anything Mr. that falls within the criminal
late to the type of data sought to be
think that we have successfully walked
protected from disclosure, not to the
that tightrope and have, in both of these
xemption is taken care of. We have tried
agency maintaining such records. For
pieces of legislation, very important land-
to prepare it very carefully.
Mr. DENNIS. Activity dedicated to
this reason, I will offer amendments to
mark legislation for open government.
iolent overthrow of the Government
eliminate the general agency exemptions
and yet the protection of individual
provided in the bill for the CIA and the
rights.
fould fall under criminal exemption,
Secret Service.
The Privacy Act of 1974 does several
would the gentleman agree with me on
I will also support an amendment to
things that I am sure will be delineated
that? Mr. MOORHEAD of Pennsylvania.
provide for the assessment of punitive
and explained by the several Members
Yes That is what I'am saying.
damages in cases of willful, arbitrary, or
who will bei engaged in debate. Generally
Mr. DENNIS. I thank the gentleman.
capricious violation of the bill and for
it requires that when the Federal Gov-
Mr HOLIFIELD. Mr. Chairman, I
actual damages in cases of negligent
ernment does maintain a system of rec-
vield 5 minutes to the gentlewoman from
violations. These provisions were stricken
ords pertaining to individuals, it
in the full committee, and, as a result,
identify publicly those systems of
New York (Ms. ABZUG).
an individual who may have suffered by
ords. There will no longer be the abi
Ms. ABZUG. Mr. Chairman, this is in-
violation of the act must now prove not
within Government to maintain se
deed a landmark piece of legislation.
only actual damages but that such dam-
systems.
H.R. 16373 regulates the collection, main-
ages were caused by willful, arbitrary. or
Not only in the past has this b
tenance, and use by Federal agencies of
done for any nefarious purpose, but
information pertaining to individuals. It
capricious agency action. I believe that
is a very significant first step in an at-
these two stricken-out provisions must
system of records may be instituted
tempt to guarantee the right of privacy
be restored to the bill to provide, as the
maintained and the public just not kl
to all Americans. It is the product of
bill in the other body does, for actual
about it.
damages to compensate for any violation
So that is the first thing that will
many, many months of hard work, and
of many bills that have been before the
of the act and for punitive damages to
be done: identify the systems of records
Congress which the committee has con-
compensate for any willful, arbitrary, or
and make public the fact that such rec-
sidered in great depth. Much credit is
capricious violation. If this is not done,
ords are being maintained.
there really is no adequate remedy at
Second, again a public record would
due to my colleague, Mr. MOORHEAD of
law.
be made of the purpose for which the
Pennsylvania, the chairman of the For-
eign Operations and Government Infor-
I will also support an amendment
system is being maintained. Then we
mation Subcommittee, and to that sub-
which I brought in the committee to
would limit in the bill access to these
committee's staff members for the
establish a Federal Privacy Commission.
records for those purposes so that in-
months of diligent effort in the drafting
Without such a commission. we have no
formation contained in those systems
of this significant legislation. The bill
assurance that agencies will not be mo-
would be used only for those routine
which has been reported out of the com-
tivated by mere whim or convenience in
purposes, and unless the individual about
divulging or withholding information.
whom the information related agreed to
mittee is a good bill, but I believe it is
We would be more than naive if we
its use for other than routine purposes. it
a bill which requires some additions and
failed to recognize that individual Fed-
could not be so used.
changes to strengthen it. The amend-
eral agencies cannot be expected to take
It could be used then only for the
ments which I plan to offer today in con-
routine purposes. This limits the purpose
nection with this bill are amendments
an aggressive role in enforcing privacy
which would have been brought before
legislation: Enforcement of the provi-
and the use of these information systems
the full committee, but, in order to ex-
sions of this bill will be secondary to each
to the public purpose which has been
pedite the consideration and the bring-
agency's legislative mandate and will,
made known, the purposes identified in
of necessity, cause additional expense
the Federal Register.
ing of the bill to the floor of the House,
they were left for floor action. So. al-
and administrative inconvenience. Only
Third, we provide for access by indi-
though I support the bill and, indeed,
by providing a separate administrative
viduals to information in these record
have been the author of one of the bills
agency with authority for implementing
systems pertaining to himself or herself.
before the committee, along with the
this legislation and for coordinating the
so that a person about whom informa-
privacy programs of the various Federal
tion has been collected will have an op-
gentleman from New York (Mr. Koch)
and the gentlemen from California (Mr.
agencies can we be assured of uniform,
portunity to get a copy of that informa-
GOLDWATER) who also had bills which
effective enforcement of the rights guar-
tion and to see if it is accurate and will
were considered by the committee, I feel
anteed by this bill.
have the procedure where he can request
that, there have to be some improve-
I would hope that we will support this
the amendment of the information to
bill with the amendments proposed. I
make it accurate and will have an op-
ments.
There are three basic weaknesses in
think that will be the beginning of an
portunity if the information is misused
important first step in the protection of
under the terms of the act for recourse
the bill: the numerous and unjustified
the right of privacy.
in a civil action through the courts.
exemption provisions, the failure to pro-
Mr. ERLENBORN. Mr. Chairman, I
In addition criminal penalties are
vide either liquidated or punitive dam-
yield myself 5 minutes.
provided for people within Government
ages, and the lack of any administrative
who violate the terms of the Act in mak-
mechanism to oversee the implementa-
Mr. ERLENBORN. Mr. Chairman, I
tion of the bill.
rise in support of the Privacy Act of
ing information available that they
First, exemptions from the provisions
1974, H.R. 16373. I think it is rather
should not, thereby invading the privacy
of this bill or of any bill designed to pro-
fitting that this bill comes to the floor
of the individuals about whom the infor-
today on the same day that we con-
mation is maintained and also criminal
tect individual rights of privacy can be
justified only in the face of overwhelm-
sidered a motion to override and have
penalties for those who would seek and
ing societal interests. There are, at most,
overridden the President's veto on the
obtain illegally this information.
only three areas where societal interests
Freedom of Information Act.
I think this is truly landmark legisla--
The Subcommittee of Government Op-
tion. It has been very difficult to draft
can be paramount to the individual
erations, known as Foreign Operations
because of the varying systems and the
rights provided in this bill: First, where
granting an individual access to his or
and Government Information, is the par-
varying purposes for the systems within
her records would seriously damage na-
ent subcommittee of both bills, the Free-
the Federal Government. We were of
tional defense or foreign policy: Second,
dom of Information Act and now this new
course at times importuned to expand
where such access would interfere with
Privacy Act. It has been quite an effort
this to all record systems, not just of the
an active criminal prosecution; and
to walk a tightrope in the one bill to
Federal Government but of States and
Third, where records are required by law
provide the maximum access to informa-
local governments and also in the pri-
tion on the part of the public, and in the
vate sector. I think if we had done so
to be maintained for statistical research
other bill to limit access to protect an
we would have bitten off more than we
or reporting purposes and are not, in fact,
individual's privacy.
could chew.
used to make determinations about iden-
tifiable individuals.
There has been a tendency, I think,
I think we have here maybe a modest
36646
CONGRESSIONAL RECORD-HOUSE
November 20, 1974
beginning in the field of privacy but we
confidentiality, SQ that most all of the
are very sensitive records and present
have an important piece of legislation
a
information will be made available.
peculiar problem, and the subcommittee
affecting only Federal Government sys-
Mr. BROWN of Ohio. Mr. Chairman,
of the Committee on the Judiciary,
tems.
will the gentleman yield?
chaired by the gentleman from California
We generally exempt from the provi-
Mr. ERLENBORN. I yield to the gen-
(Mr. EDWARDS) and of which the gentle-
sions of this bill the law enforcement
tleman from Ohio.
man from California (Mr. WIGGINS) is
proceedings, systems for the criminal
Mr. BROWN of Ohio. For the purpose
the ranking minority member, has special
justice system, and other committees of
of making legislative history, I should
legislation on that subject now before
Congress will be turning and already
like to ask about the impact of this legis-
it. That subcommittee is tied up in a
have turned their attention to this crimi-
lation as it affects one aspect of the cur-
meeting today on a very important mat-
nal justice field.
rent law.
ter that the members of the subcom-
There is one amendment that I hope
I currently represent an area which at
mittee could not avoid, and hence they
will be adopted. Several will be offered
one time was represented by one of our
are not on the floor; and they have asked
and I will offer one amendment and I
predecessors in the Congress, the illus-
me to bring the matter up and express
hope it will be adopted and I think it is
trious Jackson Betts, who was very con-
the strong hope that the House adopt no
crucial in making this a workable bill.
cerned about the confidentiality of the
amendment that would impinge on that
The bill as it has been reported by the
Bureau of Census information.
situation and would include criminal rec-
committee and is before us today will
The CHAIRMAN. The time of the gen-
ords in this bill.
open up all preemployment and security
tleman has expired.
Mr. ERLENBORN. Mr. Chairman, I
clearance files retroactively as well as
Mr. ERLENBORN. I yield myself 2 ad-
yield such time as he may consume to the
prospectively. Just think of this. In the
ditional minutes.
ranking member of the Committee on
past years there have been implied and
Mr. BROWN of Ohio: Mr. Chairman,
Government Operations, the gentleman
expressed promises of confidentiality
the Bureau of the Census has a singu-
from New York (Mr. HORTON)
given to people who have been asked to
lar and highly commendable record of
Mr. HORTON. Mr. Chairman, I rise
make statements concerning the security
scrupulous protection of the confiden-
in support of H.R. 16373, the Privacy
clearance investigation or preemploy-
tiality and privacy of census data about
Act of 1974.
ment investigation for those who would
individuals and about businesses.
Having served as a member of the
be employed by the Federal Government,
This is a matter of concern to every
Special Subcommittee on Invasion of
appointed to Federal office, or Federal
American, and the integrity of such in-
Privacy of the Committee on Govern-
contractors engaged in defense work, let
formation is essential to the public trust
ment Operations some 10 years ago, I
us say. These promises of confidentiality
which is in turn essential to the accu-
have a particular interest in the subject
would be violated by this bill because the
racy of census findings.
of personal privacy. During my 5 years of
bill would mandate opening up these files
These census findings provide the fac-
service on the Foreign Operations and
so that the person about whom the in-
tual bases for: First, countless govern-
Government Information Subcommit
vestigation was conducted would have
mental and private decisions which pro-
I participated in several investigative
access to the files and find out who said
foundly affect the economy, second,
hearings into this important area. To-
what about them.
equity and fairness in revenue sharing
day, as ranking minority member of the
In the name of privacy we would be
measures, and third, the determination
Government Operations Committee, I
violating the privacy of those who have
of representation in the Congress.
am very happy to lend my strong support
given such statements in the past. I
The continuing confidentiality of such
to a bill which insures that Federal Gov-
think we have to strike a balance and see
census information is mandated by
ernment agencies protect individuals'
that we cannot violate the privacy of
statute-section 9 of title 13 of the United
rights to privacy when dealing with in-
individuals by the very bill that is sup-
States Code-as affirmed by repeated
formation about people.
posed to be the bill of rights for indi-
Presidential proclamations.
The bill does this in two ways:
vidual privacy.
It is true that neither the purpose nor
First, it mandates that agencies dis-
The amendment I will offer was dis-
effect of subsection (b) or (1) or of any
close an individual's records to other per-
cussed in an editorial in the Washington
other provisions of section 562a as set
sons or other agencies only with the
Post this morning inaccurately. They say
forth in this bill are to modify or relax
written consent of that individual, un-
my amendment would close these pre-
in any way the safeguards of title 13?
less the disclosure would be for a pur-
employment and security files: It would
Mr. ERLENBORN. Mr. Chairman,
pose which had been endorsed by the
not.
Mr. Chairman. the amendment that I
the answer to the gentleman's question is
Congress or published in the Federal
that this bill in no way would diminish
Register. Whenever the Government
will offer will make all of the information
in these files available to the individual
the protection provided by law for cen-
asks someone for information about him-
sus data.
self, according to the bill, it would have
about whom the investigation has been
Mr. BROWN of Ohio. I wonder if the
to inform him of the disclosures which
conducted. except that information
gentleman would yield further SO that
had been published as permissible.
which would reveal the identity of a per-
I might receive the concurrence of the
Second, the bill provides that individ-
son who has under a promise of confiden-
chairman of the subcommittee, the gen-
uals shall have access to all Government
tiality given information contained in the
tleman from Pennsylvania (Mr. MOOR-
records maintained about them, and
file. Even the Washington Post editorial
HEAD)
shall have the right to petition agencies
suggested that other legislation in the
Mr. ERLENBORN. Mr. Chairman, I
to correct any misstatements in those
field of credit, the Fair Credit Reporting
Act, had struck a good balance here by
yield to the gentleman from Pennsyl-
records. Agencies would have to make
vania.
the changes requested or note on the
saying it is to protect only that informa-
Mr. MOORHEAD of Pennsylvania. I
records that the changes had
tion which would reveal a confidential
agree with the remarks of the gentle-
sought, but that the Government dis-
source. They seem to think that was a
man from Ohio and with the gentleman
agreed with them.
good way of protecting both individuals'
from Illinois.
All Federal records pertaining to in-
privacy. That is exactly what the amend-
Mr. DENNIS. Mr. Chairman, will the
dividuals would be covered by these pro-
ment that I will offer will do. It will pro-
gentleman yield?
visions, except for national security in-
tect only. those sources that have given
Mr. ERLENBORN. I yield to the gen-
formation, investigatory material com-
information under a promise of confiden-
tleman from Indiana.
piled for law enforcement purp
tiality.
Mr. DENNIS. I would like to make
other criminal justice records, Secret
Service and CIA files, and statistical data.
In addition, the Office of Management
reference to the question of criminal rec-
To make sure that Government agen-
and Budget has assured me that regula-
ords. publication of criminal records,
cies fulfill their responsibilities under
tions will be adopted in the future so
which are generally exempted from the
this legislation, the bill permits individ-
that only in the most compelling cir-
bill, as I understand it.
uals who are injured by Government
cumstances will a promise of confiden-
The gentleman said a moment ago that
agency's failure to comply with the law
tiality be given. It will not be the cus-
those records are the subject of pending
to bring suit against the agency in Fed-
tomary thing to make these promises of
special legislation, and obviously those
eral court. A successful complainant
November 20, 1974
CONGRESSIONAL RECORD-HOUSE
36647
numbers. for identification purposes.
Mr. Chairman, I will offer these two
could be awarded actual damages and
attorney's fees by the judge.
While such a proposal may make sound
amendments at the appropriate time.
technological sense, to many citizens it
Mr. HOLIFIELD. Mr. Chairman, will
Mr. Chairman, this is landmark legis-
implies removal of an important element
the gentleman yield?
lation in an area of concern to all Ameri-
cans. I urge its enactment.
of their privacy and in dividuality. This
Mr. GUDE. I will be glad to yield to
Mr. ERLENBORN. Mr. Chairman. I
question is not dealt with in this bill, but
the chairman of the full committee.
some of the same principles are-the
Mr. HOLIFIELD. Does the gentleman's
vield 3 minutes to the gentleman from
right of the individual to maintain his
amendment of the privacy bill follow the
Maryland (Mr. GUDE).
privacy and personal identity.
words of the Senate provision?
Mr. GUDE. Mr. Chairman, as a co-
sponsor of this legislation. I am indeed
Beyond these questions of principle,
Mr. GUDE. I have not compared them
gratified that it is finally receiving the
the bill also has substantive significance
word for word, Mr. Chairman, but I be-
floor consideration which it should.
for many citizens who feel, rightly or
lieve it does.
I want to commend the chairman of
wrongly, that they have not received a
I urge the passage of this legislation.
our subcommittee, the gentleman from
"fair deal" from their Government.
Mr. MOORHEAD of Pennsylvania. Mr.
Mr. Chairman, I would like to quote
Chairman, I yield 5 minutes to the gen-
Pennsylvania (Mr. MOORHEAD) the
the experience which one veteran had in
tleman from Arkansas (Mr. ALEXANDER),
ranking member, the gentleman from
regard to the Veterans' Administration.
a member of the subcommittee.
Illinois (Mr. ERLENBORN); and, in par-
He was unable to obtain compensation
Mr. ALEXANDER. Mr. Chairman, on
ticular, the gentleman from California
and relief for injuries he had received
June 19, following hearings on the Fed-
(Mr. GOLDWATER), the gentlewoman from
New York (Ms. ABZUG), and the gentle-
while serving his country abroad, and yet
eral Government's use of telephone
he was unable to look at his records in
monitoring and lie detection devices con-
man from New York (Mr. KOCH) who
are also cosponsors of this legislation.
the Veterans' Administration files. He
ducted by the Subcommittee on Govern-
finally had to obtain legal counsel in
ment Information, I stated that it ap-
They have been a driving force toward
order to get access to his files, and he
pears our Government has been over-
its consideration and in bringing it to
the point where we find it at this
found the reason the Veterans' Admin-
come by a snooping mania and t
istration had denied his obvious need was
must find the medicine to cure th
moment.
because certain records that were in his
ease. H.R. 16373, the Privacy Act c
The chairman of the subcommittee
file actually belonged to another veteran
is a good dose of such medicine.
has very well outlined exactly what this
who had a similar name.
I was alarmed to discover in
legislation does. It is long overdue. This
is the kind of attention that Govern-
This may seem to be a very small thing,
hearings that it is literally poss
ment records have needed for some
but this is the type of action which can
have every home in America bug
period of time. I think matters which we
occur in situations when we in Congress
Mr. Chairman, I am convince
have not enacted regulations to provide
Americans do not want to be a part of
consider routine and perfunctory are
very often hidden under agency direc-
for the overseeing of Federal records,
one big party line. If present Govern-
which can sometimes be buried under a
ment preoccupation with spying on its
tives, rules, and regulations, and we as-
lot of bureaucratic redtape which denies
citizens continues, George Orwell's fic-
sume what is normal to us on the Hill to
the citizen the access to which he is
tional fishbowl existence and "Big
be what is normal throughout the Fed-
entitled.
Brother" era in his book "1984" may very
eral Government.
Mr. Chairman, I am going to offer two
well occur.
Increasingly, as the society and the
Government have grown more complex,
amendments to this bill at the appropri-
H.R. 16373 provides basic safeguards
ate time. They are amendments which I
for the individual to help remedy the
the maze of Federal activity and regu-
was unable to offer in the committee, be-
misuse of personal information by the
lation have intensified, and the individ-
cause of the pressure of business when we
Federal Government, and reasserts the
ual citizen has had to make increasing
were reporting the legislation to the
fundamental rights of personal privacy
concessions to the imperatives of the
Federal bureaucracy. The quantity of
floor. The first has to do with medical
that are derived from the Constitution.
Federal paperwork alone, for example,
records.
At the same time, it recognizes the legi-
This first amendment would clarify
timate need of the Government to col-
has reached such proportions, that the
one item that I believe to be ambiguous
lect, store, use, and share among various
House felt the need last month to au-
in intent, in restricting the circumstances
agencies certain types of personal data,
thorize the establishment of a Commis-
under which individuals would be grant-
but under a framework of law to pro-
sion on Paperwork to study the problem
ed disclosure by Federal agencies. It was
tect the citizen.
and find ways of reducing the burden
the intention of the committee to ex-
Like the Freedom of Information Act
which bureaucracy imposes on the
clude information which would be vital
Amendments, H.R. 16373 also recognizes
citizen.
to the health or safety of an individual.
that certain areas of Federal records are
The level of regulatory activity which
I believe that the current language in
of such a highly sensitive nature that
touches on the lives of individual citizens
the bill is vague in this regard, in that
they must be exempted from some of its
has also increased. Seat belt standards,
it would permit such disclosures without
provisions.
now repealed, safety and health stand-
prior permission, unless it is an emer-
The Privacy Act provides for the ex-
ards, labeling and advertising standards,
gency case. It does not make clear to
ercise of civil remedies by individuals
while important Government tools to
whom the information would be dis-
against the Federal Government through
correct serious problems we have, all in-
closed.
the courts to enforce their rights. Pro-
trude on the freedom of the individual in
The second amendment I would offer
vision is made for the actual collection
some small way.
is one that would establish a Privacy
of damages by the individual against the
Certainly the demands of a complex
Commission, which I believe is a vital
Government if the infraction was will-
technological society call for some con-
necessity if the privacy legislation we
ful, arbitrary, or capricious. Penalties
cessions, but we have before us today an
are enacting is to become a meaningful
are also provided for the unauthorized
opportunity to help balance the recent
statute. Clearly, the enactment and
knowing and willful disclosure of identi-
trend of legislative activity by enacting
legislation to help restore individual
maintenance of successful privacy stand-
fiable material by a Government officer
rights and individual privacy. This bill
ards would hinge on the degree of co-
or employee by a fine of not more than
imposes limits on what the Government
operation provided by Federal agencies
$5,000. Criminal penalties and fines
can do with individual data, and it im-
which have to implement the program.
would also be imposed on persons re-
poses obligations on the Government to
The Privacy Commission which I will
questing or obtaining any such indi-
the subjects of the data, and in doing so
propose will coordinate and assist in
vidually identifiable record under false
it helps to maintain the balance of indi-
these efforts, and it would be an impor-
pretenses.
tant goal for gaining the necessary
The bill attempts to strike that deli-
vidual freedom and privacy which we all
agency cooperation in order to make this
cate balance between two conflicting and
cherish.
legislation meaningful in the service of
fundamental needs-on the one hand,
Symbolic of this balance is the con-
American citizens.
the need for a maximum degree of pri-
troversy over the use of social security
36648
CONGRESSIONAL RECORD-HOUSE
November 20, 1974
vacy and control over personal informa-
are some who look upon individual tax
Mr. Chairman, my concern for privacy
tion the individual American furnishes
returns as the greatest source of such
is a long-standing one. The right to pri-
his Government, and, on the other hand,
information.
vacy is a derivative right. It is not spe-
the need for information about the in-
Earlier this year I cosponsored a bill
cifically mentioned in the Constitution,
dividual which the Government finds
(H.R. 10977) to provide further restric-
as are the general rights of life, liberty,
necessary to carry out its legitimate
tions on accessibility to individual tax
and the pursuit of happiness, nor is this
functions.
returns. The assurance provided the
subject mentioned in the Bill of Rights.
Over 40 years ago, Supreme Court
American people that information vol--
But none of these would have had the
Justice Louis Brandeis, in his famous
untarily given on tax returns will be
content that we know them to have with-
dissent in the case of Olmsted against
carefully protected from disclosure and
out the element of privacy being present.
United States, said:
improper use is one of the basic concepts
It is an essential, inherent element of our
Every unjustifiable intrusion by the gov-
underlying this country's system of col-
inalienable rights.
ernment upon the privacy of the Individual
lecting taxes and I want to assure that
The concern for protecting personal
whatever the means employed. must be
protection. I am hopeful that the Ways
privacy as it relates to personal infor-
deemed a violation of the fourth amend-
and Means Committee will take specific
mation is fairly recent in its origin. The
ment.
action on that measure.
rapid growth of our population and the
He further stated in terms relevant to
In the meantime, H.R. 16373 provides
rise of massive urban centers, the advent
current wholesale abuses of power that:
a series of basic safeguards for the in-
of modern communication and elec-
Experience should teach us to be most on
dividual to help remedy the misuse of
tronic technology, and the rise of the
guard to protect liberty when the govern-
personal information by the Federal
computer, have brought a basic change
inent's purposes are beneficent. Men born to
Government and reassert the funda-
in our society. Massive amounts of per-
freedom are naturally alert to repel inva-
mental rights of personal privacy of all
sonal information can be conveniently
sions to their liberty by evil-minded rulers.
Americans that are derived from the
and economically collected, stored, and
The greatest dangers to liberty lurk in insidi-
Constitution of the United States. At the
ous encroachment by men of zeal, well-
used. The individual is no longer directly
same time, it attempts to strike that,
meaning, but without understanding
involved in the modern personal infor-
delicate balance between the right of
mation transaction process. Many infor-
Let us talk a moment on the concept of
individuals for a maximum degree of
mation practices have been developed
privacy. Privacy is the ability to be con-
privacy over the personal information
and adopted because they were con-
fident of security in our homes, persons.
he furnishes his Government and the
venient, technologically feasible. and
and papers. It is not only the bedrock of
need of the Government for informa-
cost-effective. The individual actually be-
freedom. Privacy is the very essence of
tion to carry out legislative functions.
came an impediment in these new proc-
democracy. If we cannot speak or mans-
Mr. ERLENBORN. Mr. Chairman. I
esses. As he began to protest his ex-
act business without being snooped on by
yield 5 minutes to the gentleman from
clusion and try to protect himself from
hordes of bureaucrats-we soon will not
California (Mr. GOLDWATER).
the injury and damage that occasionally
be able to speak or transact business
Mr. GOLDWATER. Mr. Chairman, I
resulted, he found he had no legal rights
without government permission.
thank the distinguished minority mem-
to fall back on.
In my opinion, events in recent years
ber on the subcommittee, the gentleman
Mr. Chairman, the Federal Govern-
have brought about a chilling effect on
from Illinois (Mr. ERLENBORN) for allow-
ment has a relentless appetite for infor-
the exercise of first amendment rights. It
ing me the privilege of speaking in favor
mation. There seems to be a direct cor-
is now time for a defrosting. Every Amer-
of this particular legislation before us
relation between the continued growth
ican must insist that government is the
today, which has been long in coming
of Government and the continued
servant of the people-not our master.
and long overdue.
growth of privacy invasion.
In his first speech as Chief Executive,
This particular piece of legislation is
The Federal Government, as we enact
President Ford pledged his personal and
the result cf a strong bipartisan effort
more and more programs, has a need
official dedication to the individual right
in the House of Representatives. The ef-
to collect more and more information
of privacy, in declaring that "there will
forts of my colleague, the gentleman
in order to administer these programs.
be hot pursuit of tough laws to prevent
from New York (Mr. KOCH) in behalf of
So it is with this piece of legislation that
illegal invasion of privacy in both gov-
an individual's right to privacy, are well
we are trying to strike a balance between
ernment and private activities."
known and were extremely important in
the need to know in order to successfully
H.R. 16373 is a first step in that pur-
the preparation of this legislation. Equal-
and correctly administer Government
suit. I strongly urge my colleagues to
ly significant were the efforts of the
programs, and the rights of an individual
support this legislation.
members and the staff of the Subcom-
to be left alone, to control his own per-
Mr. ERLENBORN. Mr. Chairman, I
mittee on Foreign Operation and Gov-
sonal life. This particular bill under-
yield such time as he may consume to
ernment Information of the Committee
takes to redress this disastrous
the gentleman from Indiana (Mr. HUD-
on Government Operations and, particu-
imbalance.
NUT)
larly. the subcommittee chairman, the
Mr. HUDNUT. I thank the gentleman
The Federal Government is required
gentleman from Pennsylvania (Mr.
to permit an individual to know what
for yielding.
MOORHEAD) who was most diligent in
Mr. Chairman, I rise in suport of
records it has pertaining to him: It intro-
pursuing this very difficult task, and who
H.R. 16373, the Privacy Act of 1974.
duces the element of active consent as a
was assisted quite ably by the ranking
While there will be amendments of-
requirement before information that is
Republican member, the gentleman from
fered to strengthen this bill, I feel
Illinois (Mr. ERLENBORN) They are both
collected for one purpose can be put to
the Committee on Government Op-
to be commended for this excellent piece
a new use. It permits an individual to
erations has done a good job in bringing
of legislation.
have copies of files about him and to
this legislation before us. There is a great
This legislation, as I said, has been
correct or amend erroneous portions of
need for statutory guidelines to protect
long in coming, and is only here today
them.
the privacy of individuals by regulating
because of the persistent efforts of not
Finally, it requires the Government to
the Federal Government's collection,
only members of the Committee on Gov-
keep records accurately and securely in
maintenance. use, or dissemination of
ernment Operations, but also many
accordance with specific, published
personal, identifiable information.
Members of the House of Representa-
regulations.
In this computer age, it is easy to
tives, as well as Members of the other
The CHAIRMAN. The time of the gen-
obtain informaton about an individual
and along with many others I am con-
body, not to mention the private sector,
tieman has expired.
cerned over the extent to which citizens'
educators. members of private organiza-
Mr. ERLENBORN. Mr. Chairman, I
privacy is being invaded. We see this in
tions, and just plain people, and it cer-
yield 2 additional minutes to the gentle-
the accumulation of personal data in
tainly would be most fitting to mention
man from California.
computer banks and other such means
the fine efforts by our President of the
Mr. GOLDWATER.. It is noteworthy,
which constitute a threat to the pri-
United States, Gerald R. Ford. and his
Mr. Chairman, that this Privacy Act of
vacy of every American citizen. There
Committee on the Right of Privacy.
1974 prohibits the Federal Government
November 20, 1974
CONGRESSIONAL RECORD-HOUSE
36649
from maintaining secret personal infor-
census data. Very strict care must be
amine the activities of private informa-
mation systems. This bill is an important
taken to protect the confidentiality of
tion and collection services.
major first step in the restoration of the
these records and insure that the infor-
Since I entered this body in the 92d
individual's right to privacy, and I would
mation is used only for proper purposes.
Congress I have proposed over a dozen
caution and suggest to my colleagues that
Since the census questions have become
bills relating to questions of individual
as we pursue further legislation in other
more detailed and extensive, the dis-
and financial privacy and domestic in-
areas, we constantly be vigilant that we
semination by the Census Bureau of
telligence. Along with most Members, I
do not undermine this effort today, that
statistical data must be more closely reg-
am committed to guaranteeing the rights
we take into consideration in new legis-
ulated in order to protect the individual
implicit in the 1st, 4th. and 14th
lation, enabling legislation. the rights of
from being identified by that data. H.R.
amendments. This bill, H.R. 16373, is a
the individual to his privacy. It is time
16373 does provide proper safeguards in
good start.
that we insert human rights into the
this area.
I urge that we pass this bill, with the
programs and the programers. It is time
Mr. Chairman, I have sponsored leg-
inclusion of a Federal Privacy Commis-
that we insert privacy rights into the
islation, H.R. 10021, the Right to Finan-
sion and some changes in the civil pro-
policy of our agencies. It is time that we
cial Privacy Act. My bill would protect
cedure and criminal penalties sections. It
instill a spirit of concern for our liber-
the constitutional rights of citizens by
is only a start, but it will be a good base
ties. We must reestablish-and I think
prescribing procedures and standards
for future laws to protect the personal
we do so with this legislation-the right
governing the disclosure of financial in-
privacy of all Americans.
to be left alone for the people of this
formation by financial institutions to
Mr. MOORHEAD of Pennsylvania. Mr.
country.
Federal officials or agencies. The bill we
Chairman, at this time I yield 5 minutes
Mr. Chairman, I urge my colleagues to
are discussing here on the floor today
to the gentleman from Missouri (Mr.
support this legislation.
does not regulate the collection of infor-
ICHORD)
Mr. SYMMS. Mr. Chairman, will the
mation by the Federal Government other
Mr. ICHORD. Mr. Chairman, as its
gentleman yield?
than to prohibit any agency from main-
title-the Privacy Act of 1974-and the
Mr. GOLDWATER. I yield to the gen-
taining any record concerning the politi-
prefatory findings indicate, it is the
tleman from Idaho.
cal or religious belief or activity of any
commendable purpose of the measure
Mr. SYMMS. I thank the gentleman
individual unless expressly authorized by
to protect the individual against the mis-
for yielding.
statute or the individual himself. I real-
use of official information. To that end
Mr. Chairman, I wish to associate
ize that by the very nature of the sub-
the act would add a new section to what
myself with the remarks of the gen-
committee's-the Foreign Operations
is now commonly known as the Preedom
tleman from California (Mr. GOLD-
and Government Information Subcom-
of Information Act (5 U.S.C. 552). The
WATER)
mittee of the House Government Opera-
new section, to be designated section
I should like to commend the gentle-
tions Committee-jurisdiction it could
552a, would impose conditions upon the
man from California for his efforts that
not get into this area of regulating the
disclosure of official information, and
he has made on behalf of this Privacy
activities of the Federal Government
would give individuals affected access to
Act which we have here before the House
specifically with regards to obtaining in-
such information so as to permit them
today. I would say to the gentleman in
dividual bank records, so I hope that our
to review and, if necessary, to correct the
the well I thank him for his support,
concern about privacy rights will not
record.
effort. and leadership on it and hope
stop with the passage of this one bill,
The committee which reported the
that it is successful today, as this Privacy
H.R. 16373.
measure and the gentleman from Penn-
Act offers some protection for people
I urge support of H.R. 16373 with the
sylvania (Mr. MOORHEAD) who chaired
from big brother government snooper-
hope that in the next Congress, we will
the subcommittee which had the meas-
vision.
give further attention to areas that need
ure under consideration, are to be com-
Mr. GOLDWATER. I thank the gen-
to be specifically considered in order to
mended for the professional manner in
tleman and commend him also for his
afford our citizens full protection from
which they have sought to deal with this
support and active participation on the
the violation of their privacy rights by
extremely complex and difficult subject.
Republican Task Force on Privacy, which
the Federal Government. Of these areas,
The "right" of privacy has been said
issued what I considered a very compre-
one of the most important is, I believe,
to be the right of the individual "w be
hensive report and bibliography this past
the legislation which I have sponsored
left alone." It is without doubt a right
year.
to preserve the confidential relationship
inherent in our libertarian system. While
The CHAIRMAN. The time of the gen-
between financial institutions and their
it is said that this right is not explicitly
tleman has expired.
customers and the constitutional rights
asserted in our Constitution, it does how-
Mr. ERLENBORN. Mr. Chairman, I
of these customers.
ever find expression in certain related
yield such time as he may require to the
Mr. ERLENBORN. Mr. Chairman, I
provisions and in the basic philosophy
gentleman from California (Mr. ROUSSE-
yield such time as he may require to
which prompted the adoption of the
LOT)
the gentleman from Minnesota (Mr.
Constitution itself. By that instrument
Mr. ROUSSELOT. Mr. Chairman, I
FRENZEL)
those freedoms and liberties were re-
want to commend my colleague, the gen-
Mr. FRENZEL Mr. Chairman, I rise
served to the individual which were not
tleman from California (Mr. GOLD-
today in enthusiastic support of H.R.
deemed essential to the coexistence of
WATER) for the effort he has put forward
16373. The Privacy Act of 1974. In this
man in society. Hence, like other rights.
on this issue, and our subcommittee
bill we are regulating the collection,
the right of privacy is not deemed an
chairman for his work on this issue.
maintenance, and use of by Federal
absolute right.
Mr. Chairman, as one of the original
agencies of information concerning
Logically, the absolute right of privacy
cosponsors in this Congress of right to
American citizens.
could be fully asserted only in a state of
privacy legislation, I rise in support of
I hope this bill will be the first of a
anarchy. But even in such a state, if ex-
H.R. 16373, the Privacy Act of 1974.
wave of privacy oriented legislation
tended to its outer and extreme limits.
This is a comprehensive bill which is
which the Congress will consider in the
the exercise of any such absolute right
intended to protect the privacy rights of
next few years. Therefore, we must be
must necessarily collide with the rights
individuals by regulating the Federal
very careful in laying a foundation for
of other individuals. The resulting con-
Government's collection, maintenance,
future reforms. Other areas which
flict would consequently result in the de-
use, or dissemination of personal, iden-
clearly need attention are the protection
struction of the rights asserted by each.
tifiable information.
of constitutional freedoms for Federal
It necessarily follows that if the right of
Through my committee assignments
employees, limitations upon distribution
privacy is to be recognized as a legitimate
on Banking and Currency, and Post Of-
of federally collected information, and
claim in an ordered society, it must be
fice and Civil Service, I have become
strict regulations upon the types and use
subject to limitations and must be con-
particularly aware of the need for the
of surveillance tactics employed by Fed-
ditioned upon the rights of others and
protection of an individual's privacy
eral agencies. Beyond our limited Federal
exercised consistently also with the rights
rights with regards to bank records and
perspective, we must also seriously ex-
of the public.
36650
CONGRESSIONAL RECORD-HOUSE
November 20, 1974
What we are dealing with in statutes
reach and meaning of this provision, can
disclose to an individual by the provi-
of this type is thus necessarily a balanc-
be obviated in colloquy with the sponsors
sions of subsection (d). While the pro-
ing process by which we seek to resolve
of the measure at the appropriate time.
visions of paragraph (2) of subsection
the right of the individual to be left alone
On the other hand, I deem it neces-
(k) would permit the agency to exempt
with the public and other individual
sary to offer a specific clarifying amend-
from the mandatory disclosure require-
rights "to know." For it is a fact that
ment to the provisions of subsection (e),
ments of subsection (d) investigatory
such latter rights are equally recognized
paragraph 4. This section commences
material compiled for law enforcement
by the Constitution, although in a sense
at page 26, line 18, of the bill. The par-
purposes to the extent it is not now open
they may collide with the individual's
ticular paragraph of this subsection to
to public inspection under the provisions
"right of privacy." The first amendment
which the amendment will be offered is
of existing law. that is. section 552(b) (7)
rights of freedom of speech and of the
at page 28, line 13. This subsection and
of title 5, United States Code, it would
press. for example, intrude upon an indi-
paragraph prohibits an agency from
appear to me that under this paragraph
vidual's right of privacy, but they are
maintaining any record, and I quote,
there is a question whether the agency
rights which are essential to the admin-
"concerning the political or religious be-
could exempt from public disclosure the
istration of Government and to the free
lief or activity of my individual, unless
identity of individuals and information
functioning of our libertarian and demo-
expressly authorized by statute or by
pertaining to those, for example. who are
cratic institutions. Moreover, the indi-
the individual about whom the record
members of such organizations as the
vidual's right to privacy must be condi-
is maintained." We may well recognize
Communist Party and other revolution-
tioned by that which is consistent with
that the purpose of this provision is
ary groups having similar objectives.
the continued existence and protection
commendable and legitimate in pro-
In view of the fact that there are liter-
of that Nation and its constitutional sys-
hibiting the disclosure of records with
ally tens of thousands of individuals who
tem upon which the vitality of the right
respect to conventional political and re-
are involved in such revolutionary or-
itself must ultimately depend.
ligious beliefs and activities. However,
ganizations, to require such agencies of
It appears to me that the bill before us
in its present form it is clear that the
the Government as the FBI and the de-
has generally resolved the conflict be-
provisions can be construed to cover ac-
fense intelligence agencies to disclose in-
tween the rights of the individual and
tivities which are properly within the
vestigatory material pertaining to such
the public and other private rights with
scope of legitimate law enforcement. I
individuals on request, would not only
considerable success. I propose today to
am assured that the authors of this
have the effect of literally immobilizing
offer only two amendments to the bill
measure have not intended the provi-
the agencies in the effective execution of
which are directed toward clarifying cer-
sions to foreclose this proper purpose.
their essential and vital work. but would
tain aspects of the measure's impact
The terms of the broad prohibitions
greatly impair. if not destroy. their func-
upon our intelligence services, partiou-
on maintenance of records relating to
tioning. The research which would be in-
larly in relation to the acquisition and
"political" and religious" activities
volved, the extensive correspondence re-
use of information which is essential to
would, for example, embrace the activi-
quired, and the litigation which would
the maintenance of the national and in-
ties of the Communist Party and similar
likely ensue as a result of the thousands
ternal security. On their adoption I shall
groups, which, although generally rec-
of requests that would conceivably and
support this measure.
ognized as conspiratorial or clandestine,
very likely pour into the agencies would
First, however, I should like to express
are nevertheless commonly described as
wreck havoc upon the agencies. More-
my concern over an ambiguity inherent
"political." Similarly, certain sects with-
over, to permit the indiscriminate raid-
in the provisions of the proposed subsec-
in the Black Muslim movement, which
ing of investigatory files, the mainte-
tion (b), at page 22, line 10, relating to
have been described by the Director of
nance of which in confidence is so essen-
conditions of disclosure. This subsection
would, subject to the exceptions therein
the FBI as endangering the internal
tial to the protection of the national and
set forth, generally prohibit an agency
security, may claim protection under
internal security, would also destroy
from disclosing to any person informa-
this clause as a "religious" activity.
their usefulness by revealing the extent
tion about an individual without the in-
Although those records of political or
of coverage and the method and ade-
dividual's prior written consent. The sub-
religious activity which are "expressly
quacy of operation of our intelligence
section would generally authorize only
authorized by statute," are excepted from
forces. Any such result is wholly unneces-
interagency and intra-agency disclosures
the prohibitions of this paragraph, this
sary to the attainment of the objectives
for authorized law enforcement activi-
is not adequate to exempt the activities
and purposes of the bill. I would thus
ties, but do not appear to contain any
of such subversive groups as I have indi-
amend paragraph (2) of subsection (f)
explicit provisions authorizing certain
cated. I know of no existing or enforce-
by striking the paragraph in its present
essential disclosures outside official agen-
able statute which expressly and gener-
form and amend it to read as follows:
cies which would be clearly required if
ally authorizes any particular agency to
On page 34, strike lines 7 through 11
certain vital security programs main-
maintain the records of political or reli-
and insert the following in lieu thereof:
tained by the Government are to be
gious activities of subversive groups. I
"(2) investigatory material compiled for
effectively carried out. These include, for
would therefore amend this paragraph by
law enforcement purposes, other thau ma-
striking out the period after the word
terial within the scope of subsection (J) (2)
example, the effective maintenance of
"maintained" and add the following:
of this section; provided, however, that if
the industrial security, industrial de-
"; provided, however, that the provisions
any individual is denied any right, privilege,
fense, atomic energy, and port and vessel
or benefit that he. would otherwise be en-
security programs. Defense contractors
of this paragraph shall not be deemed to pro-
titled by Federal law, or for which he would
hibit the maintenance of any record of ac-
and others involved in the receipt of
otherwise be eligible, as a result of the
tivity which is pertinent to and within the
classified information and related infor-
scope of a duly authorized law enforcement
maintenance of such material, such material
shall be provided to such individual, except
mation about individuals are mainly pri-
activity."
to the extent that the disclosure of such
vate employers.
I believe this clarifying amendment
material would reveal the identity of a source
I am informed, however, that the pro-
would obviate any ambiguities as to the
who furnished information to the Govern-
vision of subsection (b) (2) which would
reach of the prohibition, and would serve
ment under an express promise that the
except from the prohibition the com-
identity of the source would be held in con-
to eliminate any adverse litigation on the
fidence, or, prior to the effective date of this
munication of information therein de-
subject.
section. under an implied promise that the
scribed as "for a routine use," is in-
The second and final amendment,
identity of the source would be held in
tended by the sponsors of the legislation
which I propose to offer to the measure,
confidence;
to permit such essential disclosures be-
would affect the provisions of paragraph
Thus by its terms the amendment
yond the bounds of the particular agen-
(2) of subsection (k), at page 34, line 7.
would fully protect the individual by re-
cies involved. If this is effectively ac-
This section deals with certain specific
quiring the disclosure to him of relevant
complished by the language of this ex-
exemptions that may be made to the dis-
investigatory material in the system of
ception, it may well be that a specific
closure requirements of the act, partic-
records-other than that within the
clarifying amendment is unnecessary on
ularly with respect to those investiga-
scope of subsection (j) (2)-when, as a
this aspect of the bill. It is my hope that
tory files or material which the Act
result of the maintenance of such ma-
any such ambiguity as may exist on the
would otherwise require the agencies to
terial. he is denied any right, privilege,
November 20, 1974
CONGRESSIONAL RECORD-HOUSE
36651
or benefit to which he would otherwise
Mr. MOORHEAD of Pennsylvania. Mr.
the public. I am not saying available to
be entitled by Federal law, or for which
Chairman, I yield 5 minutes to the gen-
the public in terms of seeing somebody
he would otherwise be eligible. In such
tleman from New York (Mr. KOCH), who
else's file, but seeing one's own file, see-
event disclosure is limited to the extent
has been so very active in the privacy of
ing whether the material in there is rele-
necessary to protect the identity of a
information field.
vant, seeing whether it is accurate, see-
source who furnished information to the
Mr. KOCH. Mr. Chairman, first I want
ing whether it is current, and if it is not.
Government under a promise that the
to thank the distinguished gentleman
providing the mechanism whereby that
identity of the source would be held in
from Pennsylvania, my good friend (Mr.
can be corrected.
MOORHEAD), who is responsible for so
This is landmark legislation. This is
confidence.
This amendment very properly serves
much of the language incorporated into
legislation in which I take great pride
the purpose of protecting the investiga-
this bill and for the efforts necessary to
having espoused it in February of 1969.
tory material from being raided by the
bring it to the floor.
and later with my good friend, the gen-
thousands and perhaps tens of thousands
I just want to take special note of what
tleman from California, Mr. BARRY
of persons who may seek to do so for
he has done on behalf of privacy as well
GOLDWATER. In my own district we refer
as take note of the enormous efforts on
to the legislation as the Koch-Goldwater
no legitimate or excusable purpose.
the Democratic side by the gentlewoman
bill, and in his district as the Goldwater-
Hence the right of privacy of the indi-
from New York (Ms. ABZUG) and on the
Koch bill; but the fact is that while the
vidual is protected, without diminution,
Republican side by the gentleman from
initial legislation was ours, it has been
to the extent of his legitimate require-
Illinois (Mr. ERLENBORN) and the gentle-
subjected to extensive review and
ments. It shall be recognized that the
amendment does not affect the require-
man from New York (Mr. HORTON)
amendment by the committee and im-
Rather than restate the provisions of
proved upon in a number of ways. This
ments of subsection (b) of the bill. which
prohibits disclosure of information be-
the bill which have been so amply set
legislation is now the joint work product
forth by a number of the speakers, I
of many people. I am proud to be one of
yond the legitimate uses of the Federal
agencies maintaining them. Thus the
would rather simply comment on the fact
those who brought this legislation to this
privacy of the individual remains pro-
that this kind of legislation which relates
point, where its passage seems assured.
tected by the amendment consistently
to the privacy of the individual, protect-
Again, I want to express my deep ap-
ing that individual from Government,
preciation to the chairman, Mr. MOOR-
with the attainmen of the purposes of
has the support of those who are con-
HEAD, the members of the committee. its
the bill and the national security
servatives and those who are liberals.
brilliant staff without whose hard work.
interest.
There is one final point to which I
They have indicated that support by
we would not be here tonight. and to my
should direct attention, regarding both
rising in the well this very afternoon, on
partner on this legislation, BARRY GOLD-
the wording of this and my prior amend-
both sides of the political spectrum and
WATER, JR.
ment, in the use of the term "law en-
both sides of the aisle.
Mr. BIAGGI. Mr. Chairman, I rise in
forcement" as applied in the context of
That is not to say that this bill is a
strong support of this legislation. I feel
perfect bill. I do not know of any perfect
that passage of this bill today will rep-
these amendments and the bill as a
legislation. It may be there have been
resent a significant victory in the battle
whole. In referring to a "law enforce-
occasions when there has been legisla-
against unlawful and dangerous inter-
ment activity" and "law enforcement
tion never requiring an amendment of
vention by the Federal Government in
purposes," I am, of course, using the ex-
the private lives of the average American
pression "law enforcement" in its gen-
any d-brought to this floor and passed,
eral meaning and in the broadest reach
but I am not aware of it.
citizen.
of the term. I include within that term
This bill, however, is a very good bill.
While the fourth amendment to our
those purposes and activities which are
There are amendments that will be of-
Constitution clearly spells out the right
fered, some that I support, some that I
of the individuals to privacy in recent
authorized by the Constitution, or by
statute, or by the rules and regulations
oppose: but the thrust of most of those
years, the Federal Government has in-
and the executive orders issued pursu-
amendments and the nature of those
tensified their efforts to superimpose
ant thereto. Thus the investigatory ma-
amendments is intended by those offer-
themselves into the lives of the individ-
ing them to improve the bill. We may
ual. Many people pointed to these dan-
terial maintained shall include, but not
disagree on whether they do or do not:
gerous actions by the Government as
be limited to, that which is compiled or
acquired by any Federal agency in con-
but the persons involved in most of the
the fulfillment of the Orwellian theory
nection with and for the purpose of de-
amendments want to protect privacy
of "Big Brother" as contained in his
termining initial or continuing eligibility
and that is key and very important to
masterpiece, 1984.
or qualification for Federal employment,
understand when we discuss those par-
What we are considering today is com-
military service, Federal contracts, or ac-
ticular amendments.
prehensive legislation which will take
There is an area that ought to be cov-
cess to classified information.
a number of steps to protect the in-
I want to emphasize-so that there is
ered which is not by this bill. If I had my
dividual from the power of the Federal
way, I certainly would have it in the bill;
Government. Perhaps the strongest area
no misunderstanding-these changes are
designed to protect only legitimate na-
that area relates to law enforcement
of controversy concerns the maintaining
tional or internal security intelligence
agencies which are, frankly, not covered
of nonessential records by Government
and investigations, and no records or
adequately under this bill. The reason
agencies against individuals. This legis-
for that is that the Committee on the
files shall be kept on persons which are
lation addresses itself decisively to this
not within constitutional limitations. Let
Judiciary has before it legislation which
problem in the following ways:
relates to the criminal data banks of law
the legislative history be explicit. None
It permits an individual to be aware
enforcement agencies. I know that that
of these changes are intended to abridge
of and have access to all personal in-
the exercise of first amendment rights.
great committee with its distinguished
formation records compiled by Govern-
chairman (Mr. RODINO) and the subcom-
The rights of Americans to dissent in a
ment agencies, except in cases where
lawful männer and for lawful purposes
mittee chairman in charge of that sub-
these record are needed for law enforce-
must be preserved.
ject, the gentleman from California (Mr.
ment and national security.
EDWARDS) are very concerned about the
Mr. MOORHEAD of Pennsylvania. Mr.
It allows the individual to control the
rights of privacy. So I have no doubt that
Chairman, we did discuss these two ques-
the legislation which I am informed they
transfer of personal information records
tions, I will say to the gentleman from
intend to bring to the floor, hopefully
from one Government agency to another.
Missouri, and we did say it was our un-
derstanding that under the gentleman's
early in the next session, will cover that
It further specifies the extent of
amendments no file would be kept of
data not covered under this legislation,
records which can be maintained by the
persons who are merely exercising their
pertaining to law enforcement agencies.
Federal Government, and specifically
What this legislation does do is open
prohibits keeping of records which con-
constitutional rights, as the gentleman
the Federal files in SO many areas. Mil-
tain a person's political and religious
stated.
Mr. ICHORD. The gentleman is ex-
lions of files that are now not available
beliefs unless clearly provided for by
actly correct.
to the public would become available to
law.
36652
CONGRESSIONAL RECORDHOUSE
November 20, 1974
Finally, this legislation sets a new
is no mechanism for providing explana-
Mr. Chairman, it is essential that the
and important precedent by allowing for
tions or to add mitigating facts. And,
Federal Government, the largest reposi-
a civil remedy to be acquired by individ-
even more important there are no limits
tory of personal records in the country,
uals in instances when they have been
on what can be collected either by Gov-
do everything possible to safeguard these
denied access to their records or whose
ernment or the private sector.
files and to protect the rights of every
records have been kept or used in viola-
Information is collected on academic
American citizen. H.R. 16373 contains
tion of the provisions of this law. The
achievement, credit ratings, health, judi-
these safeguards and protections. I will
individual will have the right to bring
cial records. employment history, birth
support this measure and Lurge my col-
suit as well as the ability to collect dam-
and marriage records, military records,
leagues to do likewise.
ages if it can be established that such
tax returns and census records, to name
Mr. MOORHEAD of Pennsylvania. Mr.
actions were taken capriciously by the
a few.
Chairman, I have no further requests for
Government.
The written word. film, or computer
time.
I feel a sense of personal relief in the
punch card bears witness as eloquently
The CHAIRMAN. Pursuant to the rule.
realization that the Congress has seized
as the spoken word. The right of access
the Clerk will now read the committee
the initiative in this area. Many of us
to and challenge of records by the sub-
amendment in the nature of a substitute
sitting here today have been the target
ject of the information obtained in those
printed in the reported bill as an original
of unlawful Government intervention in
records could. if exercised under the same
bill for the purpose of amendment.
our personal activities. I feel that the
or similar rules, only instill confidence
The Clerk read as follows:
recent abuses of power disclosed in the
in our governmental process.
H.R. 16373
Watergate, hearings may have provided
This bill, H.R. 16373, would provide the
Bc it enacted by the Senate and House
a special impetus for the development
Government with the tools it needs to
of Representatives of the United States of
of this legislation. One only has to read
regulate, collect, maintain, use, and dis-
America in Congress assembled, That this,
these hearing to discover the extent to
seminate personal, identifiable informa-
Act may be cited as the "Privacy Act of
which certain Government agencies
tion. It would provide individuals with
1974".
either were manipulated or on their own,
the safeguards they need to prevent mis-
SEC.,2. (a) The Congress finds that-
took steps to discredit those individuals
use of this information.
(1) the privacy of an individual is directly
affected by the collection, maintenance. use.
they view with suspicion or fear.
Like the Freedom of Information Act,
and dissemination of personal information by
On the same token I am pleased to
which I am sure this Congress will pass
Federal agencies;
see that certain conditions were con-
in one form or another, this hill is a
(2) the increasing use of computers and
tained in this bill. As a former law en-
significant step toward open government.
sophisticated information technology, while
forcement officer, I know the value of
I urge my colleagues' support for pas-
essential to the efficient operations or the
maintaining information about potential
sage of this bill.
Government, has greatly magnified the harm
or actually dangerous groups. There are
Mr. BROYHILL of North Carolina. Mr.
to individual privacy that can occur from
any collection. maintenance, use, or dissemi-
dangerous and anarchistic elements in
Chairman, I strongly support the passage
nation of personal information;
this society which merit the close atten-
of H.R. 16373, the Right to Privacy Act.
(3) the opportunities for an individual to
tion of law enforcement personnel and
Earlier this year, I cosponsored H.R.
secure employment, insurance, and credit.
I applaud fact that we are not tying
15524, a forerunner of this legislation.
and his right to due process, and other legal
the hands of law enforcement as they
I feel, as do many Members of Con-
protections are endangered by the misuse of
work to uphold the law of the land.
gress, that there is a growing capacity for
certain information systems;
Mr. Chairman, the legislation we are
major violations of the privacy of Amer-
(4) the right to privacy is a personal and
considering today is both necessary and
icans, as the Federal Government in-
fundamental right protected by the Consti-
tution of the United States: and
vital to the American people. We are a
creases its collection and use. of data
(5) in order to protect the privacy of in-
free nation and the strength of our Na-
furnished by citizens for specific govern-
'dividuals identified in information systems
tion derives from the rights of the in-
mental purposes. Safeguards are needed
maintained by Federal agencies, it is neces-
dividual to freedom and privacy. Many
to insure that the personal information
sary and proper for the Congress to regulate
Americans have become justifiably
obtained by the Government. for legiti-
the collection, maintenance, use, and dis-
alarmed in recent years by the increased
mate purposes, is not misused. Recently,
semination of information by such agencies
activities of the Federal Government in
we have witnessed flagrant violations of
(b) The purpose of this Act is to provide
the constitutional rights of some of our
certain safeguards for an individual against
the area of maintaining personal records
an invasion of personal privacy by requiring
and information. We are today striking
citizens by the Federal Government. We
Federal agencies, except as otherwise pro-
a blow against the potential of tyranny
should enact legislation now to insure
vided by law. to-
in this Nation and I am pleased to rise
that these individual rights are never
(1) permit an individual to determine
in support of this bill which can only
again violated.
what records pertaining to him are collected,
enhance and strengthen the bonds of
While there can be no absolute protec-
maintained, used, or disseminated by such
freedom which exist in this Nation.
tion of privacy in any society, I believe
agencies;
Mr. REGULA. Mr. Chairman, I rise in
H.R. 16373 provides the necessary safe-
(2) permit an individual to prevent rec-
ords pertaining to him obtained by such
support of H.R. 16373, the Privacy Act of
guards for greater protection of private
agencies for a particular purpose from be-
1974.
records. Perhaps the greatest protection
ing used or made available for another pur-
In April of this year I joined with my
afforded the individual is his right to
pose without his consent;
colleagues Messrs. GOLDWATER and Koch
have access to his records, and to control
(3) permit an individual to gain access to
in participating in a special order to dis-
the transfer of any personal data from
information pertaining to him in Federal
cuss the need for the establishment of a
one Federal agency to another for non-
agency records, to have a copy made of all or
national privacy policy. A singular point
routine purposes. Additionally, the bill
any portion thereof, and to correct or amend
or theme emerged from that discussion:
will require the disclosure by every Fed-
such records;
one of the basic tenants of our system of
eral agency of certain identifying char-
(4) collect. maintain, use, or disseminate
any record of identifiable personal informa-
law is the right to confront a witness or
acteristics about virtually all systems of
tion in a manner that assures that such ac-
an accuser and to cross-examine him in
records under their control. to insure
tion is for a necessary and lawful purpose.
order to elicit the truth.
that no "secret" Government system of
that the information is current and accurate
In recent years computers, photocop-
records is created.
for its intended use. and that adequate safe-
iers. and other technological advances
H.R. 16373 would also permit individ-
guards are provided to prevent misuse of
have made the storage and retrieval of
uals access to civil court action against
such information;
information about citizens fast and rela-
the Federal Government should their
(5) permit exemptions from the require-
tively inexpensive. Almost without notice
rights be violated. Provision is made for
ments with respect to records provided in
and in the name of efficiency our techno-
the awarding of actual damages to an
this Act only. in those cases where there is
logical progress has moved us toward the
individual, if the Government is shown to
an important public policy need for such ex-
"big brother" supervision predicted in
have acted willfully, arbitrarily, or ca-
emption. as has been determined by specific
statutory authority; and
George Orwell's book "1984."
priciously in violating the provisions of
(6) be subject to civil suit for any dain-
Today, an individual does not really
this act. Criminal and civil penalties
ages which occur as a result of willful.
know who has information about him,
could be levied against individuals who
arbitrary or capricious action which violates
or how many agencies or corporations
disseminate or seek to obtain personal
any individual's rights under this Act.
are using it or for what purposes. There
information contained in Federal files.
SEC. 3. Title 5, United States Code. is
November 20, 1974
CONGRESSIONAL RECORD-HOUSE
36653
amended by adding after section 552 the
sures to the public from records which by
"(C) other purposes for which the in-
following new section:
law or regulation are open to public inspec-
formation may be used, as published pur-
552a. Records maintained on individuals
tion or copying, keep an accurate accounting
suant to paragraph (2) (D) of this subsec-
"(a) DEFINITIONS.-For purposes of this
of-
tion; and
section-
(A) the date, nature, and purpose of each
(D) the effects on him, if any, of not
"(1) the term 'agency' means agency as
disclosure of a record to any person or to
providing all or any part of the requested
defined in section 552(e) of this title;
another agency made under subsection (b)
information;
'(2) the term 'individual' means a citizen
of this section; and
"(2) publish In the Federal Register at
of the United States or an alien lawfully
"(B) the name and address of the person
least annually a notice of the existence and
admitted for permanent residence:
or agency to whom the disclosure is made;
character of the system of records, which
"(3) the term 'maintain' includes main-
"(2) retain the accounting made under
notice shall include-
tain, collect, use, or disseminate;
paragraph (1) of this subsection for at least
"(A) the name and location of the system;
"(4) the term 'record' means any collec-
five years after the disclosure for which the
"(B) the categories of individuals on whom
tion or grouping of information about an
accounting is made;
records are maintained in the system:
individual that is maintained by an agency
"(3) except for disclosures made under
"(C) the categories of records maintained
and that contains his name, or the identify-
subsection (b) (6) of this section, make the
in the system;
ing number, symbol, or other identifying
accounting made under paragraph (1) of
"(D) each routine purpose for which the
particular assigned to the individual;
this subsection available to the individual
records contained in the system are used or
"(5) the term 'system of records' means
named in the record at his request; and
intended to be used, including the categories
a group of any records under the control of
"(4) inform any person or other agency
of users of the records for each such pur-
any agency from which information is re-
about any correction or notation of dispute
pose;
trieved by the name of the individual or by
made by the agency in accordance with sub-
"(E) the policies and -ractices of the
some identifying number, symbol, or other
section (d) of this section of any record
agency regarding storage, retrievability, ac-
identifying particular assigned to the individ-
that has been disclosed to the person or
cess-controls, retention, and disposal of the
ual: and
agency within two years preceding the mak-
records;
"(6) the term 'statistical research or re-
ing of the correction of the record of the
"(F) the title and business address of the
porting record' means a record in a system
individual, except that this paragraph shall
agency official who is responsible for the
of records maintained for statistical research
not apply to any record that was disclosed
System of records;
or reporting purposes only and not used in
prior to the effective date of this section or
"(G) the agency procedures whereby an
whole or in part in making any determina-
for which no accounting of the disclosure is
individual can be notified at his request if
tion about an identifiable individual, except
required.
the system of records contains a record per-
"(d) ACCESS TO RECORDS.-Each agency
taining to him; and
as provided by section 8 of title 13.
"(b) CONDITIONS OF DISCLOSURE.-No
that maintains a system of records shall-
"(H) the agency procedures whereby an
agency shall disclose any record which is con-
"(1) upon request by any individual to
individual can be notified at his request how
tained in a system of records by any means
gain access to his record or to any informa-
he can gain access to any record pertaining
tion pertaining to him which is contained
to him contained in the system of records,
of communication to any person, or to an-
other agency, except pursuant to a written
in the system, permit him to review the rec-
and how he can contest its content;
request by, or with the prior written consent
ord and have a copy made of all or any por-
"(3) maintain all records which are used
tion thereof in form comprehensible to
of, the individual to whom the record per-
by the agency in making any determination
tains, unless disclosure of the record would
him:
about any individual with such accuracy,
be-
"(2) permit the individual to request
relevance, timeliness, and completeness as
"(1) to those officers and employees of
amendment of a record pertaining to him
is reasonably necessary to assure fairness to
and either-
the agency which maintains the record who
the individual in the determination; and
have a need for the record in the perform-
"(A) make any correction of any portion
"(4) maintain no record concerning the
thereof which the individual believes is not
ance of their duties;
political or religious belief or activity of any
"(2) for a routine use described in any
accurate, relevant, timely, or complete; or
individual, unless expressly authorized by
rule promulgated under subsection (e) (2)
"(B) promptly inform the individual of its
statute or by the individual about whom the
refusal to amend the record in accordance
record is maintained.
(D) of this section;
with his request, the reason for the refusal,
"(3) to the Bureau of the Census for pur-
"(f) AGENCY RULES.-In order to carry out
poses of planning or carrying out a census
the procedures established by the agency for
the provisions of this section, each agency
the individual to request a review by the
or survey or related activity pursuant to the
that maintains a system of records shall
provisions of title 13;
agency of that refusal, and the name and
promulgate rules, in accordance with the re-
business address of the official within the
"(4) to a recipient who has provided the
quirements (including general notice) of
agency with advance adequate written as-
agency to whom the, request for review may
section 553 of this title, which shall-
be taken;
surance that the record will be used solely
"(1) establish procedures whereby an in-
"(3) permit any individual who disagrees
as a statistical research or reporting record,
dividual can be notified in response to his
with the refusal of the agency to amend his
and the record is to be transferred in a form
request if any system of records named by
record to request review of the refusal
that is not individually identifiable;
the individual contains a record pertaining
"(5) to the National Archives of the United
by the official named in accordance with
to him;
paragraph (2) (B) of this subsection; and if,
States as a record which has sufficient his-
"(2) define reasonable times, places. and
after the review, that official also refuses
torical or other value to warrant its con-
requirements for identifying an individual
to amend the record in accordance with the
tinued preservation by the United States
who requests his record or information per-
Government, or for evaluation by the Ad-
request, permit the individual to file with
taining to him before the agency shall make
the agency a concise statement setting forth
ministrator of General Services or his desig-
the record or information available to the
the reasons for his disagreement with the
nce to determine whether the record has
individual;
refusal of the agency; and
such value;
"(3) establish procedures for the disclo-
"(4) in any disclosure, containing in-
"(6) to another agency or to an instru-
sure to an individual upon his request of his
formation about which the individual has
mentality of any governmental jurisdiction
record or information pertaining to him, in-
filed a statement of disagreement, occurring
within or under the control of the United
cluding special procedure, if deemed neces-
after the filing of the statement under
States for a law enforcement activity if
sary, for the disclosure to an individual of
paragraph (3) of this subsection, clearly
the activity is authorized by law, and if the
medical records, including psychological rec-
head of the agency or instrumentality has
note any portion of the record which is
ords, pertaining to him;
disputed and, upon request, provide copies
made a written request to the agency which
'(4) establish procedures for reviewing a
of the statement and, if the agency deems
maintains the record specifying the partic-
request from an individual concerning the
it appropriate, copies of a concise statement
ular portion desired and the law enforce-
amendment of any record or information
of the reasons of the agency for not making
ment activity for which the record is sought;
pertaining to the individual, for making a
the amendments requested, to persons or
"(7) pursuant to a showing of compelling
determination on the request, for an appeal
other agencies to whom the disputed record
circumstances affecting the health or safety
within the agency of an initial adverse
has been disclosed.
of an individual, if upon the disclosure noti-
agency determination, and for whatever ad-
"(e) AGENCY REQUIREMENTS-Each agency
fication is transmitted to the last known
ditional means the head of the agency may
that maintains a system of records shall-
address of the individual; or
deem necessary for each individual to be
"(1) inform each individual whom it asks
(8) to either House of Congress, or, to the
able to exercise fully his rights under this
to supply information, on the form which it
extent of matter within its jurisdiction, any
section; and
uses to collect the information or on a
committee or subcommittee thereof, or any
"(5) establish fees to be charged, if any,
separate form that can be retained by the
joint committee of Congress or subcommit-
to any individual for making copies of his
individual-
tee of any such joint committee.
"(A) which Federal statute or regulation,
record, excluding the cost of any search for
"(c) ACCOUNTING OF CERTAIN DISCLO-
if any, requires disclosure of the informa-
and review of the record.
SURES.-Each agency, with respect to each
tion:
The Office of the Federal Register shall an-
system of records under its control shall-
"(B) the principal purpose or purposes for
nually compile and publish the rules promul-
"(1) except for disclosures made under
which the information is intended to be
gated under this subsection in a form avail-
subsection (b) (1) of this section or disclo-
used;
able to the public at low cost.
36654
CONGRESSIONAL RECORD-HOUSE
November 20, 1974
"(g) (1) CIVIL REMEDIES.-Whenever any
entitled to receive it, shall be fined not more
to the National Archives of the United States
agency (A). refuses to comply with an in-
than $5,000.
as a record which has sufficient historical or
dividual request under subsection (d) (1) of
"(2) Any person who knowingly and will-
other value to warrant its continued preser-
this section, (B) falls to maintain any record
fully requests or obtains any record concern-
vation by the United States Government, on
concerning any individual with such accu-
ing an individual from an agency under false
or after the effective date of this section,
racy, relevance, timeliness, and completeness
pretenses shall be fined not more than $5,000.
shall, for the purposes of this section, be con-
as is necessary to assure fairness in any de-
"(j) GENERAL EXEMPTIONS.-The head of
sidered to be maintained by the National
termination relating to the qualifications,
any agency may promulgate rules, in accord-
Archives and shall be subject to all provisions
character, rights, or opportunities of, or ben-
ance with the requirements (including
of this section except subsections (c) (4);
efits to the individual that may be made on
general notice) of section 553 of this title,
(d) (2), (3), and (4); (e) (1), (2) (H) and
the basis of records and consequently a
to exempt any system of records within the
(3); (f) (4); (g) (1) (B) and (C), and (3)
determination is made which is adverse to
agency from any part of this section except
"(m) ANNUAL REPORT.-The President
the individual, or (C) fails to comply with
subsections (b) and (e) (2) (A) through
shall submit to. the Speaker of the House
any other provision of this section. or any
(F) it the system of records is-
and the President of the Senate, by June 30
rule promulgated thereunder, in such a way
"(1) maintained by the Central Intel-
of each calendar year, a consolidated report,
as to have an adverse effect on an individ-
ligence Agency; or
separately listing for each Federal agency
ual, the individual may bring a civil action
"(2) maintained by an agency or com-
the number of records contained in any sys-
against the agency, and the district courts
ponent thereof which performs as its prin-
tem of records which were exempted from the
of the United States shall have jurisdiction
cipal function any activity pertaining to the
application of this section under the pro-
in the matters under the provisions of this
enforcement of criminal laws, including
visions of Jubsections (j) and (k) of this sec-
subsection.
police efforts to prevent, control, or reduce
tion during the preceding calendar year, and
"(2) (A) In any suit brought under the
crime or to apprehend criminals, and the
the reasons for the exemptions. and such
provisions of subsection (g) (1) (A) of this
activities of prosecutors, courts, correctional,
other information as indicates efforts to ad-
section, the court may enjoin the agency
probation, pardon, or parole authorities, and
minister fully this section.".
from withholding the records and order the
which consists of (A) information compiled
SEC. 4. The chapter analysis of chapter 5
production to the complainant of any agency
for the purpose of identifying individual
of title 5, United States Code, is amended by
records improperly withheld from him. In
criminal offenders and alleged offenders and
inserting:
such a case the court shall determine the
consisting only of identifying data and
"552a. Records about individuals."
matter de novo, and may examine the con-
notations of arrests, the nature and disposi-
tents of any agency records in camera to
tion of criminal charges, sentencing, con-
immediately below:
determine whether the records or any portion
finement. release, and parole and probation
"552. Public information; agency rules. opin-
thereof may be withheld under any of the
status; (B) information compiled for the
ions, orders, and proceedings
exemptions set forth in subsection (j) or (k)
purpose of a criminal investigation, includ-
SEC. 5. The amendments made by This Act
of this section, and the burden is on the
ing reports of informants and investigators,
shall become effective on the one hundred
agency to sustain its action.
and associated with an identifiable indivi-
and eightieth day following the date of en-
"(B) The court may assess against the
dual; or (C) reports identifiable to an in-
actment of this Act.
United States reasonable attorney fees and
dividual compiled at-any stage of the process
of enforcement of the criminal laws from
Mr. MOORHEAD of Pennsy
other litigation costs reasonably incurred in
any case under this paragraph in which the
arrest or indictment through release from
(during the reading). Mr. Chair
complainant has substantially prevailed.
supervision.
ask unanimous consent that the
"(3) In any suit brought under the provi-
"(k) SPECIFIC EXEMPTIONS.-The head of
considered as read, printed in the
sions of subsection (g) (1) (B) or (C) of this
any agency may promulgate rules, in accord-
ORD, and open to amendment a
section in which the court determines that
ance with the requirements (including gen-
point.
the agency acted in a manner which was
eral notice) of section 553 of this title, to
The CHAIRMAN. Is there obj
willful, arbitrary. or capricious, the United
exempt any system of records within the
to the request of the gentleman
States shall be liable to the individual in
agency from subsections (c) (3), (d), (e) (1),
an amount equal to the sum of-
Pennsylvania?
(e) (2) (G) and (H), and (f) of this section
"(A) actual damages sustained by the in-
if the system of records is-
There was no objection.
dividual as a result of the refusal or failure;
"(1) subject to the provisions of section
AMENDMENTS OFFERED BY MR. MOORHEAD OF
and
552(b) (1) of this title;
PENNSYLVANIA
"(B) the costs of the action together with
"(2) investigatory material compiled for
Mr. MOORHEAD of Pennsylvania. Mr.
reasonable attorney fees as determined by
law enforcement purposes, except to the ex-
Chairman, I offer two amendments. and
the court.
tent that the material is within the scope
"(4) An action to enforce any liability
of subsection (j) (2) of this section or is
I ask unanimous consent that my amend-
created under this section may be brought
open to public inspection under the provi-
ments be considered en bloc.
in the district court of the United States in
sions of section 552 (7) of this title;
The CHAIRMAN. Is there objection to
the district in which the complainant re-
"(3) maintained in connection with pro-
the request of the gentleman from Penn-
sides, or has his principal place of business,
viding protective services to the President of
sylvania?
or in which the agency records are situated,
the United States or other individuals pur-
There was no objection.
or in the District of Columbia, without re-
suant to section 3056 of title 18; or
The Clerk read as follows:
gard to the amount in controversy, within
"(4) required by statute to be maintained
two years from the date on which the cause
Amondments offered by Mr. MOORH: of
and used solely as statistical research or re-
of action arises, except that where an agency
Pennsylvania: Page 22, lines 19 and 20, strike
porting records.
has materially and willfully misrepresented
out "in any rule promulgated".
"(1) (1) ARCHIVAL RECORDS.-Each agency
any information required under this section
Page 27, line 8, immediately after "(2)" in-
record which is accepted by the Administra-
to be disclosed to an individual and the in-
sert "subject to the provisions of paragraph
tor of General Services for storage, proc-
formation so misrepresented is material to
(5) of this subsection,".
essing, and servicing in accordance with sec-
the establishment of the liability of the
Page 28, line 12, strike out "and"; on line
tion 3103 of title 44 shall, for the purposes
agency to the individual under this section,
16, strike out the period and insert in lieu
of this section, be considered to be main-
the action may be brought at any time with-
thereof "; and "; and immediately after line
tained by the agency which deposited the
in two years after discovery by the individual
record and shall be subject to the provisions
16, insert the following new paragraph:
of the misrepresentation.
of this section. The Administrator of General
(5) at least 30 days prior to publication of
"(h) RIGHTS OF LEGAL GUARDIANS.-For the
information under paragraph (2) (D) of this
Services shall not disclose the record except
purposes of this section, the parent of any
subsection publish in the Federal Register
to the agency which maintains the record,
minor, or the legal guardian of any indivi-
notice of the use or intended use of the in-
or under rules established by that agency
dual who has been declared to be incom-
formation in the system, and provide an op-
which are not inconsistent with the provi-
petent due to physical or mental incapacity
portunity for interested persons to submit
sions of this section.
or age by a court of competent jurisdiction,
written data, views, or arguments to the
"(2) Each agency record pertaining to an
may act on behalf of the individual.
agency.
identifiable individual which was trans-
"(1) (1) CRIMINAL PENALTIES.-Any officer
ferred to the National Archives of the United
Mr. MOORHEAD of Pennsylvania
or employee of the United States, who by
States as a record which has sufficient his-
(during the reading). Mr. Chairman, I
virtue of his employment or official position,
torical or other value to warrant its con-
ask unanimous consent that further
has possession of, or access to, agency rec-
tinued preservation by the United States
reading of the amendments be dispensed
ords which contain individually identifiable
Government, prior to the effective date of
information the disclosure of which is pro-
with. They have been distributed to the
this section, shall, for the purposes of this
hibited by this secton or by rules or regula-
minority side, and I do not think further
section, be considered to be maintained by
tons established thereunder. and who know-
the National Archives and shall not be sub-
reading of the amendments is necessary.
ing that disclosure of the specific material is
ject to the provisions of this section.
The CHAIRMAN. Is there objection to
so prohibited, willfully discloses the material
"(3) Each agency record pertaining to an
the request of the gentleman from Penn-
in any manner to any person or agency not
identifiable individual which is transferred
sylvania?
November 20, 1974
CONGRESSIONAL RECORD-HOUSE
36655
There was no objection.
safeguards to the public against abuse of
access to classified information, but only
Mr. MOORHEAD of Pennsylvania. Mr.
such exemption authority as provided in
to the extent that the disclosure of such
Chairman, this amendment has also been
subsection (1), imposing criminal penal-
material would reveal the identity of the
discussed in advance with the minority
ties for violations of the act.
source that was a confidential source,
side. Its purpose is to tighten up the part
I trust that the amendment will be
promised confidentiality.
of the bill under which a Federal agency
adopted.
As I said during the general debate,
makes its determination as to the "rou-
Mr. ERLENBORN. Mr. Chairman, will
the Washington Post this morning, in an
tine purpose for which records contained
the gentleman yield?
editorial, incorrectly described this as
in a system of records are to be used or
Mr. MOORHEAD of Pennsylvania. I
closing the files entirely. The files will be
intended to be used. As I explained in
yield to the gentleman from Illinois.
open. The individual will have access to
earlier remarks. "routine" uses of per-
Mr. ERLENBORN. Mr. Chairman, I
the files and to the information con-
sonally identifiable information permit
thank the gentleman for yielding to me.
tained therein. But we will protect the
an agency to transfer such records with-
I do support the amendment.
confidentiality of statements that have
out obtaining the individual's consent-
The CHAIRMAN. The question is on
been given in the past on a promise of
within the agency or between agencies—
the amendment offered by the gentle-
confidentiality, express or implied, and
in the "routine" conduct of Government
man from Pennsylvania (Mr. MOOR-
will protect in the future the confiden-
business.
HEAD)
tiality of statements that were given by
It is essential, however, that this
The amendment was agreed to.
someone with an express promise of con-
routine" authority is not abused so as
AMENDMENT OFFERED BY MR. ERLENBORN
fidentiality.
to circumvent the basic purposes of this
Mr. ERLENBORN. Mr. Chairman, I
The second part of the amendment will
law. Under the present language of the
exempt testing or examination material
offer an amendment.
bill, an agency-under subsection (e)—
The Clerk read as follows:
used solely to determine individual quali-
may publish in the Federal Register a
fications for appointment or promotion
Amendment offered by Mr. ERLENBORN:
list of each "routine purpose" for which
in the Federal service, the disclosure of
On page 34, in line 14, strike out the word
records in an information system are
which would compromise the objectivity
"or";
used. The danger is that there is no check
In line 16, strike out the period and insert
or fairness of the testing or examination
on the agency-except congressional
in its place a semi-colon: and
process.
oversight-as to what might be called a
After line 16, insert the following:
This amendment has' been requested
"routine purpose." A bureaucrat might
"(5) investigatory material compiled sole-
by the Civil Service Commission. Under
be tempted to include a "nonroutine"
ly for the purpose of determining suitability,
the bill, without this exemption, each
use in the definition of "routine" and
eligibility, or qualifications for Federal
test that is given-and there are hun-
subvert the safeguards set up for in-
civilian employment, military service, Fed-
dreds of such tests that have been pre-
eral contracts, or access to classified infor-
dividual privacy in this bill.
mation, but only to the extent that the dis-
pared by the Civil Service Commission-
Therefore, the purpose of these amend-
closure of such material would reveal the
would be available to any individual who
ments is to subject the agency deter-
identity of a source who furnished informa-
took the test-the questions and the an-
mination to public scrutiny by providing
tion to the Government under an express
swers. That test then would be compro-
30 days for interested parties to submit
promise that the identity of the source would
mised and could never be used again. The
to the agency after publication in the
be held in confidence, or, prior to the ef-
Civil Service Commission would have to
Federal Register written data, views, or
fective date of this section. under an implied
prepare a whole new test the next time
arguments as to its interpretation of
promise that the identity of the source would
a test in that area was given. This would
be held in confidence;
"routine purpose." I believe that this
"(6) testing or examination material used
be an unnecessary expense without en-
amendment strengthens the bill against
solely. to determine individual qualifications
hancing the privacy of any individual. I
potential bureaucratic abuses and urge
for appointment or promotion in the Federal
think this portion of the amendment is
that it be adopted.
service the disclosure of which would com-
certainly warranted.
Mr. ERLENBORN. Mr. Chairman, will
promise the objectivity or fairness of the
Lastly, my amendment provides a spe-
the gentleman yield?
testing or examination process; or
cific exemption for evaluation material
Mr. MOORHEAD of Pennsylvania. I
"(7) evaluation material used to deter-
used to determine potential for promo-
yield to the gentleman from Illinois.
mine potential for promotion in the armed
services, but only to the extent that the dis-
tion in the Armed Services, but again,
Mr. ERLENBORN. Mr. Chairman, I
closure of such material would reveal the
only to the extent that it is necessary to
thank the gentleman for yielding to me.
identity of a source who furnished informa-
protect a confidential source.
I want to say that the gentleman from
tion to the Government under an express
As to the first and third portions of
Pennsylvania has furnished me with a
promise that the identity of the source would
this amendment, the protection of confi-
copy of the amendments, and I support
be held in confidence, or, prior to the effec-
dential sources, I think it is very inter-
the amendments.
tive date of this section, under an implied
esting that the House today overrode a
The CHAIRMAN. The question is on
promise that the identity of the source
veto of amendments to the Freedom of
would be held in confidence."
the amendments offered by the gentle-
Information Act, and that Freedom of
man from Pennsylvania (Mr. MOORHEAD).
Mr. ERLENBORN (during the read-
Information Act gets into the same area
The amendments were agreed to.
ing). Mr. Chairman, I ask unanimous
of information.
AMENDMENT OFFERED BY MR. MOORHEAD OF
consent that further reading of the
Listen to the report of the conference
PENNSYLVANIA
amendment be dispensed with and that
committee relative to the Freedom of
Mr. MOORHEAD of Pennsylvania. Mr.
the amendment be printed in the RECORD
Information Act. It says:
Chairman, I offer a technical amend-
at this point.
In every case where the investigatory rec-
ment.
The CHAIRMAN. Is there objection to
ords sought were compiled for law enforce-
The Clerk read as follows:
the request of the gentleman from Illi-
ment purposes, either civil or criminal in
Amendment offered by Mr. MOORHEAD of
nois?
nature, the agencies can withhold the names.
Pennsylvania: On page 33, line 2, after "(F)"
There was no objection.
addresses and other information that would
Mr. ERLENBORN. Mr. Chairman, a
reveal the identity of a confidential source
insert "and (1)
copy of this amendment has been fur-
who furnished the information.
On page 30, line 24, strike "(j) or".
nished to the majority, and since the
So there, in that act, we saw the need
Mr. MOORHEAD of Pennsylvania.
amendment has not been read, I would
to protect the confidential source. I think
Mr. Chairman, I will be brief in explain-
like to briefly describe its three purposes.
we should do likewise in this act.
ing this amendment, which has been
previously discussed with the minority
This adds in the specific exemption, sub-
Mr. Chairman, the President on Oc-
side. Very simply, it tightens up a part of
section (k) (3) exemptions not found in
tober 9th issued a statement endorsing
the bill where a loophole might exist. It
the bill.
the legislation before us. He had in that
provides that if the head of an agency
The first is investigatory material com-
statement, however, one reservation. He
utilizes the authority under subsection
piled solely for the purpose of deter-
said:
(j) of the bill to exempt a system of
mining suitability, eligibility, or quali-
H.R. 16373, the Privacy Act of 1974, has
records from this law, such action shall
fication for Federal civilian employment,
my enthusiastic support except for the pro-
not exempt the particular agency from
military service, Federal contracts, or
visions which will allow unlimited individ-
36656
CONGRESSIONAL RECORD-HOUSE
November 20, 1974
ual access to records vital to determining
Mr. Chairman, I hope that my amend-
Mr. ERLENBORN. Mr. Chairman, I
eligibility and promotion in the Federal serv-
ment will be supported.
ice and access to classified information.
thank the gentelman for his support.
Mr. SMITH of New York. Mr. Chair-
Mr. MOORHEAD of Pennsylvania. Mr.
I strongly urge a floor amendment
man. will the gentleman yield?
Chairman, will the gentleman yield?
permitting workable exemptions to ac-
Mr. ERLENBORN. I yield briefly to the
Mr. ERLENBORN. I yield to the gen-
commodate these situations. This is the
gentleman from New York.
tleman from Pennsylvania.
amendment that will meet the Presi-
Mr. SMITH of New York. Mr. Chair-
Mr. MOORHEAD of Pennsylvania. Mr.
dent's concern, and I think it is a valid
man, do I understand that the gentle-
Chairman, I will say to the chairman
concern.
man's amendment would open the files,
of the full committee that I felt that
There is one last observation that I
as far as the background statements
I am bound by the vote of the full com-
would like to make. I have here a copy
themselves are concerned, as long as the
mittee, which, as I recall, was 22 to 11
of the decision in the case of Koch
identity of the person making those
not to accept the amendment offered by
against the Department of Justice. It is
statements was preserved?
the gentleman from Illinois.
a decision of the District Court of the
Mr. ERLENBORN. Mr. Chairman. I
I have tried to negotiate portions of
District of Columbia, which is considered
thank the gentleman for his question.
this matter with him, but unsuccessfully,
one of the more liberal courts, and the
The gentleman is exactly right.
even though we have been very success-
judge was Judge Gerhard Gesell. who
The information, derogatory or other-
ful in reaching agreements on, many
is considered one of the more liberal
wise. will be made available to the in-
other pieces of legislation.
judges.
dividual. The only portion that will be
Mr. GOLDWATER. Mr. Chairman,
I would like to read just one or two
kept confidential is the name of the one
will the gentleman yield?
excerpts from the decision.
who has given the information in confi-
Mr. ERLENBORN. I will be happy to
The judge says:
dence, or such information as might lead
yield. to the gentleman from California.
Background files on Congressinan Bing-
to his identity.
Mr. GOLDWATER. I thank the gentle-
ham which were. compiled during investi-
Mr. SMITH of New York. I thank the
man for yielding. I would like to ask him
gations into his eligibility for certain high
gentleman.
a question. I can appreciate what the
Government posts. Such employment checks
are routine, fully authorized, and essen-
Mr. HOLIFIELD. Mr. Chairman, will
gentleman is trying to do, and that is to
tial to the maintenance of integrity in gov-
the gentleman yield?
protect the parties' sources of informa-
ernment service.
Mr. ERLENBORN. I yield to the gen-
tion, but is there anywhere any protec-
tleman from California.
tion to eliminate the inclusion of vicious
The court later in another part says
Mr. HOLIFIELD. Mr. Chairman. I
rumors, subjective opinions. false state-
as follows:
would like, of course, to say, not being
ments, or honest mistakes that are in
Plaintiffs' narrower interpretation of that
a lawyer, that I find myself at. some-
the records that are supplied by these
exemption is unjustified, since it would re-
what of a disadvantage, with the very
parties?
quire disclosure of highly confidential in-
complexity of this bill.
formation supplied to Bureau investigators.
Mr. ERLENBORN. Yes. I would point
In order to insure such confidentiality, FBI
I recognize the laudable purpose of it.
out that the information in the file will
files may be withheld If law enforcement
I do intend to vote for the bill. In com-
be made available quite generally, wheth-
was a significant aspect of the investigation.
mittee I did vote with the gentleman
er it is derogatory, defamatory, or what-
for this amendment, or one very close to
ever. We will only protect the confiden-
The judge goes on further to say:
it. There seems to be a difference of
tial source.
This is true even if the laws being en-
opinion as to whether this is the exact
forced were regulatory rather than criminal
Mr. MOORHEAD of Pennsylvania.
in nature.
amendment or not. I expect to vote for
Mr. Chairman, I make the point of order
it at this time.
that a quorum is not present.
Then the judge later says:
I think that if we do reveal the sources
The CHAIRMAN. The Chair will
Even inactive investigatory files may have
of confidential information, after we have
count.
to be kept confidential in order to convince
or an agency has obtained the informa-
Thirty-six Members are present, evi-
citizens that they may safely confide in law
tion under the promise of protecting the
dently not a quorum.
enforcement officials.
source, it would imperil the access to
In view of the inoperability of the
Mr. Chairman. unless we adopt this
information which we should have.
electronic device, the Clerk will call the
amendment, confidential statements
The CHAIRMAN. The time of the gen-
roll.
given to investigators in the past will
tleman from Illinois (Mr. ERLENBORN
The Clerk called the roll, and the fol-
be made available to the persons about
has expired.
lowing Members failed to answer to their
whom the investigations are being made.
(On request of Mr. HOLIFIELD and by
names:
The CHAIRMAN. The time of the gen-
unanimous consent. Mr. ERLENBORN was
[Roll No. 6361
tleman from Illinois (Mr. ERLENBORN)
allowed to proceed for 2 additional min-
Ashley
Fraser
Parris
has expired.
utes.)
Baker
Fulton
Patinan
(By unanimous consent. Mr. ERLEN-
Mr. HOLIFIELD. Mr. Chairman. I also
Bergland
Gibbons
Pike
Bingham
BORN was allowed to proceed for 2 addi-
believe that there might be a great dan-
Ginn
Poage
Blatnik
Goodling
Podell
tional minutes.)
ger, both to the Government and to the
Boggs
Grasso
Quie
Mr. ERLENBORN. Mr. Chairman,
individual involved who gave that infor-
Brasco
Gray
Rarick
mation, if the source was revealed.
Breaux
Green, Oreg.
Reid
there are literally hundreds of thousands
Broomfield
Hanrahan
Riegle
of people across this country, many
Therefore, I find myself in general
Brotzman
Hansen, Wash.
Roncallo. N.Y.
Members of Congress included, who in
agreement with this amendment. I voted
Burton, John
Hébert
Rooney, N.Y.
for the amendment in committee, al-
Burton, Phillip
Heckler. Mass.
Rosenthal
the past have given confidential state-
Camp
Jarman
Runnels
ments relative to people who are being
though we lost it in committee, as the
Carey, N.Y.
Jones, Ala.
Sandman
considered for high Government posts.
gentleman remembers. It does seem to
Chappell
Jones, N.C.
Shoup
Clay
Kuykendall
Stark
These confidential statements will be
me that it is a protective amendment.
Cohen
opened up to the individual who is being
We are skating on thin ice, between
Leggett
Steele
Conable
Luken
Steiger, Ariz.
investigated if the bill passes without
freedom of information and privacy of
Conlan
McEwen
Teague
information, and I think the extra care
Coughlin
McKinney
Tiernan
amendment-and, I think equally im-
Cronin
portant, in the future we would not be
that this would give or the extra pro-
Madigan
Ullman
Davis, Ga.
Martin. Nebr.
Veysey
able to conduct meaningful investigations
tection it would give to sources that
Dlggs
Mathias, Callf.
Waldie
into such matters as the appointment of
might be vital to the Government in
Dingell
Mayne
Wilson,
Downing
Melcher
a Vice President and the appointment of
many fields is worthy of consideration.
Charles H.,
Drinan
Mitchell, Md.
Calif.
members of the courts, including the
Mr. Chairman. I would hope that the
Esch
Murphy, Ill.
Wyatt
Supreme Court, District Courts, and so
chairman of the subcommittee, unless
Eshleman
Murphy, N.Y.
Wyman
Evans. Colo.
Nichols
Young, Alaska
forth, unless we have limited ability to
there is a very strong reason, which he
Foley
Obey
Zion
promise confidentiality where it is neces-
will undoubtedly express if there is such
Ford
O'Hara
sary to get candid information concern-
a reason, might be able to accept this
Accordingly the Committee rose; and
ing individuals.
amendment.
the Speaker pro tempore (Mr. McFaLL.)
November 20, 1974
CONGRESSIONAL RECORDHOUSE
36657
having assumed the chair, Mr. BRADEMAS,
both of my colleagues on the committee,
derogatory information, would be made
Chairman of the Committee of the Whole
to exempt millions of civilian employees
available to the jobseeker.
House on the State of the Union, re-
and military employees from the safe-
Mr. GOLDWATER. Is it your under-
ported that that Committee, having had
guard provisions of this bill, which are
standing that your amendment notwith-
under consideration the bill H.R. 16373,
so desperately needed. The need for pri-
standing. the applicant would be at-
and finding itself without a quorum. he
vacy protections for these particular
lowed to file with this information ob-
had directed the roll to be called, when
groups has been amply documented by a
tained from a confidential source his OWN
344 Members responded to their names,
GAO report which is in our committee
version or his own rebuttal or perhaps
3. quorum, and he submitted herewith
and which the gentleman is well aware
own denial of that accusation or erro-
the names of the absentees to be spread
of.
neous information?
upon the Journal.
Mr. MOORHEAD of Pennsylvania. Mr.
Mr. ERLENBORN. Yes. Under the
The Committee resumed its sitting.
Chairman, in the interest of brevity, I
terms of the bill itself, that would be 3
The CHAIRMAN. The Chair recog-
yield back the balance of my time and I
remedy available to the individual about
nizes the gentleman from Pennsylvania
hope that a vote can be called for
whom the file was kept.
Mr. MOORHEAD).
promptly.
Mr. GOLDWATER. One other ques-
Mr. MOORHEAD of Pennsylvania. Mr.
Mr. GOLDWATER. Mr. Chairman, I
tion: It is my understanding that prom-
Chairman, I rise in opposition to the
move to strike the last word.
ises of confidentiality have in most cases
amendment.
Mr. Chairman. I rise with certain res-
only been made on the strength of bu-
I oppose the amendment because I
ervations with regard to this amend-
reaucratic authority as to mest Civil
think it makes second-class citizens out
ment. I likewise am greatly concerned
Service records and that there is no stat-
of some 4½ million Government employ-
with protecting the rights of applicants
utory authority for agencies to grant con-
ces, civil and military. And I wish to re-
for civil service employment and with
fidentiality or protection; am I correct
port to the membership that the amend-
insuring that the applicants have access
Mr. ERLENBORN. If the gentleman
ment is opposed by the Government
to information about him that is fur-
will yield, in the past, of course. an indi-
Employees Council. AFL-CIO.
nished by third parties. I likewise rec-
vidual never had an, opportunity to go
Mr. FASCELL. Mr. Chairman. will the
ognize the difficult question regarding
into his security clearance file or into his
gentleman yield?
policy matters contained in this partic-
free employment file.
Mr. MOORHEAD of Pennsylvania. At
ular bill. in that. if taken in its true
Therefore, the question really never
this time I yield to my collengue on the
sense, opens up disclosure of third-party
arose.
committee. the gentleman from Florida
information.
In the past there has been lawfully
(Mr. FASCELL)
I would like at this point to ask the
express and implied promises of confi-
Mr. FASCELL. Mr. Chairman, I thank
author of the amendment (Mr. ERLEN-
dentiality given to those who have made
the gentleman for yielding.
BORN) a few questions if he would be
statements to investigators.
I also am strongly opposed to this
kind enough to respond.
The function of this bill, if it is not
amendment, because what it does is set
Mr. ERLENBORN, what in this provision
amended by the Erlenborn amendment
up a whole new exemption and write a
provides for the applicant to rebut or
will be to open up all of those old files so
provision into law which does not now
to countermand any vicious rumors or
that those statements that were given in
exist. Otherwise there would be no rea-
subjective opinions or false statements
confidence will now be made available to
son for the amendment.
or honest mistakes taken from third par-
the individual.
The amendment specifically exempts
ties about an individual?
The gentleman from Florida says that
from the provisions of this bill identity
Mr. ERLENBORN. If the gentleman
he has never had any promises. express
or source of information. There is no
will yield, the bill itself provides for the
or implied. In that case, his name will
such exemption now in the law.
first time the right of access by an in-
be made available if he is one who has
Other Members. just as have been,
dividual to records maintained concern-
given such a statement. because the only
have been asked many, many times to
ing himself or herself, and the bill pro-
thing that would be protected are these
give information. Never have I had any
vides that if the individual believes that
confidential sources.
Government agency or agent say to me,
the information is inaccurate, he has a
Mr. GOLDWATER. Obviously, it ap-
"Sir. the information you give me is clas-
right to demand that the information be
pears by this language in the amendment
sified" or "The information will be kept
corrected. This is as to all records gener-
that we are in essence legitimatizing this
confidential."
ally and can be applicable to these free
practice.
Mr. Chairman. what the pending
employment and security investigation
The CHAIRMAN. The time of the gen-
amendment would do is write this tre-
files as well. Therefore, the application
tleman from California has expired.
mendous loophole into the statutes of
of the bill-not the amendment-but the
(By unanimous consent, Mr. GOLD-
this country and change the complete
application of the bill is such that it
WATER was allowed to proceed for 1 ad-
thrust of this bill. That is what this
provides this right to the individual to
ditional minute.)
amendment does, is to give the applicant
demand that a file be made accurate if
Mr. GOLDWATER. One last question.
the right to look at information: the
he considers it to be inaccurate.
Mr. Chairman, and that is: This gives
burden is then on him to prove his inno-
Mr. GOLDWATER. How will the ap-
discretion to the agency to arbitrarily
cence without ever knowing who the per-
plicant know that there is included in
decide which information it will supply.
son was or what the source was of the
his file information from a third party
and which information it will withhold.
adverse or derogatory information.
or confidential source?
The question that occurs to me is, Where
Mr. Chairman, this amendment de-
Mr. ERLENBORN. Will the gentleman
is the check and balance? It is the inten-
stroys the principal purpose of this bill.
yield?
tion of this `committee that information
Ms. ABZUG. Mr. Chairman, will the
Mr. GOLDWATER. Yes, I yield to the
should be disclosed to an applicant or to
gentleman yield?
gentleman.
an individual upon request, but, if there
Mr. MOORHEAD of Pennsylvania. I
Mr. ERLENBORN. As provided in my
is this discretion within the agency.
yield to the gentlewoman from New York.
amendment. the information contained
then where is the check and the balance?
Ms. ABZUG. Mr. Chairman, I might
in the file will be made available to the
Where is the impartial review. the in
add that should there be any serious
camera inspection to determine whether
individual about whom the file has been
question of the need to protect the con-
in fact all information is included. or
maintained.
fidentiality of informants' identity for
whether in fact third parties should
law enforcement activities or for na-
Only to the extent that the confiden-
perhaps be made available?
tional security purposes, that identity
tial source would be compromised would
Mr. ERLENEORN. If the gentleman
would be protected under specific ex-
we keep the name of the individual who
will again yield, I think the general ac-
emptions in the bill which we have be-
is the confidential source or such infor-
cess to the courts. as we provided in the
fore us.
mation as would identify him from the
bill, would provide that. However, let me
So that the only purpose that the
applicant. That information would be
make this one additional point. and that
amendment offered by the gentleman
kept from the individual seeking infor-
is that many Members of this House.
from Illinois (Mr. ERLENBORN) would
mation. Otherwise, all the rest of the
myself not included. but many Members
serve would be, as has been stated by
contents of the file, including any of this
of the House have sponsored the news-
36658
CONGRESSIONAL RECORD-HOUSE
November 20, 1971.
men's shield bill, realizing the great ad-
Taylor. N.C.
Wampler
Winn
there are expected to be offered, to see
Thomson, Wis.
Ware
Wydler
vantage that there is in confidential
Thone
Whalen
Wylie
if it would be possible to arrive at an
sources. and it will protect such sources
Treen
White
Young, Alaska
agreement on time for closing debate on
of newsmen and newspapers, and it
Uliman
Whitehurst
Young, Fla.
this legislation.
would shield them so that they would
Vander Jagt
Widnall
Young, Ill.
Mr. ERLENBORN. Mr. Chairman, will
Veysey
Wiggins
Young, S.C.
not have to reveal their sources and, if
Waggonner
Williams
Zion
the gentleman yield?
we pass that legislation we would find
Walsh
Wilson, Bob
Zwach
Mr. MOORHEAD of Pennsylvania.
that possibly just wild rumors could be
NOES-177
I yield to the gentleman from Illinois.
printed in the paper, and the source of
Abzug
Gibbons
Passman
Mr. ERLENBORN. Mr. Chairman. we
the information to the news media could
Adams
Gilman
Pepper
just checked at the minority desk as to
not be revealed.
Addabbo
Goldwater
Perkins
how many amendments we are aware of.
Alexander
Gonzalez
Peyser
The CHAIRMAN. The time of the
Anderson.
Green. Pa.
Pickle
There are about 12 or 13, not all of them
gentleman has again expired.
Calif.
Gunter.
Price. III.
are contested; probably 4 or 5 are con-
Mr. MOORHEAD of Pennsylvania.
Andrews, N.C.
Hnley
Rangel
tested.
Annunzio
Hamilton
Rees
Mr. Chairman, I ask unanimous consent
Mr. MOORHEAD of Pennsylvania.
Ashley
Hanley
Reid
that all debate on this amendment and
Aspin
Haurahan
Reuss
Mr. Chairman, I will not make my unan-
all amendments thereto do now close.
Badillo
Hansen, Wash.
Rinaldo
imous-consent request at this point.
The CHAIRMAN. Is there objection
Bafalls
Harrington
Rodino
Barrett
Hawkins
Roe
AMENDMENT OFFERED DY MR. FASCELL
to the request of the gentleman from
Bennett
Hechler, W. Va.
Rogers
Mr. FASCELL. Mr. Chairman, I offer
Pennsylvania?
Biaggi
Helstoski
Roncalio. Wyo.
There was no objection.
Bingham
Hicks
Rooney, Pa.
an amendment.
Boland
Holtzman
Rose
The Clerk read as follows:
The CHAIRMAN. The question is on
Bolling
Howard
Rosenthal
Amendment offered by Mr. FASCELL: Page
the amendment offered by the gentle-
Bowen
Hudnut
Rostenkowski
31, line 5, strike out line 5 and all that fol-
man from Illinois (Mr. ERLENBORN).
Brademas
Hungate
Roush
Breckinridge
Johnson, Calif.
Roy
lows through line 13 and insert in lieu there-
The question was taken, and the
Brooks
Karth
Roybal
of the following:
Chairman announced that the noes
Brown, Calif.
Kastenmeier
Ryan
"(3) In any suit brought under the provi-
appeared to have it.
Buchanan
Kazen
St Germain
sions of subsection (g) (1) (B) or (C) of
Burke. Calif.
Kluczynski
Sarasin
this section in which the court determines-
RECORDED VOTE.
Burke, Mass.
Koch
Surbanes
(A) that the agency has refused or failed
Mr. ERLENBORN. Mr. Chairman, I
Burlison, Mo.
Kyros
Schroeder
Burton, John
Selberling
to comply with any of the provisions of this
Leggett
demand a recorded vote.
Burton, Phillip
Lehman
Shipley
section, or any rule promulgated thereunder.
A recorded vote was ordered.
Carney. Ohio
Litton
Sisk
the United States shall be liable to the indi-
The vote was taken by clerks. and
Chisholm
Long, Ln.
Slack
vidual in an amount equal to the sum of-
Clay
Long, Md.
Smith. Iowa
"(1) actual damages sustained by the indi-
there were-ayes 192, noes 177, not vot-
Collins. Ill.
Luken
Stanton.
vidual as a result of the refusal or failure:
ing 65, as follows:
Conyers
McCormack
James V.
and
Corman
McFall
Stark
[Roll No. 6371
Cotter
McSpadden
Steelman
"(ii) the costs of the action together with
AYES-192
Culver
Macdonald
Stephens
reasonable attorney fees as determined by
Daniels,
Madden
Stokes
the court; or
Abdnor
Fisher
Mahon
Dominick V.
Matsunaga
Studds
"(B). that the agency's refusal or failure
Anderson. Ill.
Flowers
Mallary
Danielson
Mazzoli
Sullivan
has been willful, arbitrary, or capricious. the
Andrews,
Flynt
Mann
de la Garza
Meeds
Symington
United States shall be liable to the individual
N. Dak.
Forsythe
Maraziti
Delaney
Melcher
Thompson. N.J.
Archer
Fountain
Martin, Nebr.
Dellums
Metcalfe
Tiernan
in an amount equal to the sum of-
Arends
Frelinghuysen
Martin, N.C.
Dent
Mezvinsky
Traxler
"(i) actual damages sustained by the Indi-
Armstrong
Frenzel
Mayne
Diggs
Mills
Udall
vidual as a result of the refusal or failure:
Ashbrook
Frey
Milford
Dingell
Minish
Van Deerlin
"(ii) punitive damages allowed by the
Bauman
Fuqua
Miller
Donohue
Mink
Vander Veen
court; and
Beard
Gettys
Minshall, Ohio
Dorn
Mitchell. N.Y.
Vanik
Ginn
Mizell
"(111) the costs of the action together with
Bell
Drinan
Moakley
Vigorito
Bevill
Goodling
Mollohan
Eckhardt
Whitten
reasonable attorney fees as determined by the
Moutgomery
Biester
Gray
Moorhead.
Edwards, Calif.
Moorhead, Pa.
Wilson,
court."
Blackburn
Gross
Calif.
Eilberg
Morgan
Charles, Tex.
Bray
Grover
Myers
Evans. Colo.
Mosher
Wolff
Mr. FASCELL. Mr. Chairman, what
Breaux
Gubser
Nedzi
Evins, Tenn.
Moss
Wright
my amendment does is to restore to the
Brinkley
Gude
Nelsen
Fascell
Murphy, N.Y.
Yates
bill language which was in the bill. in
Brotzman
Guyer
O'Brien
Flood
Murtha
Yatron
Brown. Mich.
Hammer-
Patten
Foley
Young, Ga.
subcommittee. stricken out in the full
Natcher
Brown. Ohio
schmidt
Pettis
Ford
Nix.
Young. Tex.
committee, dealing with damages. the
Broyhill. N.C.
Hansen, Idaho
Pike
Fraser
Obey
Zablocki
right of damages and remedies available
Broyhill. Va.
Hastings
Powell, Ohio
Gavdos
O'Hara
Burgener
Hays
Preyer
to the individual.
Giaimo
Owens
Burke. Fla.
Heckler, Mass.
Price. Tex.
If the members of the committee will
Burleson. Tex.
Heinz
Pritchard
NOT VOTING-65
follow me, in the present bill on page 31
Butler
Henderson
Quie
Baker
Grasso
Podell
Byron
Hillis
Quillen
with the section we are talking about,
Bergland
Green. Oreg.
Railsback
Carter
Hinshaw
Randall
Blatnik
Griffiths
Rarick
they will find the remedies in the lawsuit
Casey. Tex.
Hogan
Regula
Boggs
Hanna
Riegle
there for actual damages sustained by
Clancy
Holifield
Rhodes
Brasco
Harsha
Roncallo. N.Y.
Clausen.
Holt
Roberts
the individual, together with the court
Broomfield
Hebert
Rooney, N.Y.
Don H.
Horton
Robinson. Va.
Camp
Jones, Ala.
Runnels
costs and reasonable attorney fees.
Clawson, Del
Hosmer
Robison, N.Y.
Carey, N.Y.
Jones, N.C.
Ruth
The Members will notice, however.
Cleveland
Huber
Rousselot
Cederberg
King
Sandman
Collier
Hunt
Ruppe
that it is predicated only in those cases
Chamberlain
Kuykendall
Shoup
Collins. Tex.
Hutchinson
Satterfield
Chappell
Landrum
Staggers
where there is willful, arbitrary or ca-
Conte
Ichord
Scherle
Clark
McKinney
Stuckey
pricious action by the agency. There.
Coughlin
Jarman
Schneebeli
Cochran
Madigan
Teague
Crane
Johnson, Colo.
Sebelius
the Members will find a complete de-
Cohen
Mathias, Calif.
Thornton
Daniel. Dan
Johnson, Pa.
Shriver
Conable
Mathis. Ga.
Towell, Nev.
parture from ordinarily understood law,
Daniel. Robert
Jones, Okla.
Shuster
Conlan
Michel
Waldie
tort law. A remedy that would be avail-
W., Jr.
Jones, Tenn.
Sikes
Cronin
Mitchell, Md.
Wilson.
Davis. S.C.
Jordan
Skubitz
Davis, Ga.
Murphy, Ill.
Charles H.,
able to an individual if he were dam-
Dellenback
Kemp
Smith, N.Y.
Davis, Wis.
Nichols
Calif.
aged in this case, we limit his recovery to
Denholm
Ketchum
Snyder
Dulski
O'Neill
Wyatt
Dennis
Lagomarsino
Spence
actual damages. We require him to prove
Eshleman
Parris
Wyman
Derwinski
Landgrebe
Stanton
Froehlich
Patman
that he was damaged by a willful, ar-
Devine
Latta
J. William
Fulton
Poage
bitrary, or capricious violation, the kind
Dickinson
Lent
Steed
Downing
Lott
Steele
So the amendment was agreed to.
of burden which is a very difficult bur-
Duncan
Lujan
Steiger. Ariz.
The result of the vote was announced
den, I assure the Members, as a lawyer.
du Pont
McClory
Steiger. Wis.
Edwards. Ala.
McCloskey
Stratton
as above recorded.
The Members who are lawyers know
Erlenborn
McCollister
Stubbletield
Mr. MOORHEAD of Pennsylvania.
that, we place that kind of a bur-
Esch
McDade
Symms
Mr. Chairman, I rise to see if I can de-
den only in those cases where we seek
Findley
McEwen
Talcott
Fish
McKay
Taylor. Mo.
termine how many more amendments
punitive damages.
November 20, 1974
CONGRESSIONAL RECORD-HOUSE
36659
provisions by statute to impose attor-
Mr. FASCELL. Mr. Chairman, will the
So. what my amendment would do
would be to restore the right of actual
ney's fees against the United States. but
gentleman yield further?
this would be the first time for punitive
Mr. McCLOSKEY. Certainly.
damage in those cases where there is a
refusal or a failure to comply with the
damages.
Mr. FASCELL Then I would suggest
law, aside from whether it is willful, ca-
I would like to ask the gentleman in
to the gentleman that he should make
pricious or arbitrary: just sheer negli-,
the well, is it not true that there would
the information completely available to
gence, whether it is inadvertent or not.
be no way of ascertaining in advance of
them.
When there is a refusal or inability or
any one year, when this Congress is
Mr. ECKHARDT. Mr. Chairman, will
failure to comply with the law, we will
ascertaining the budget, what might
the gentleman yield?
allow the individual redress for actual
possibly be the amount of damages that
Mr. McCLOSKEY. I yield to the gen-
damages and the cost of the action.
might be awarded?
tleman from Texas.
Then, what we do in those cases where
Mr. FASCELL The gentleman is
Mr. ECKHARDT. Mr. Chairman, the
we have willful, arbitrary or capricious
absolutely correct. And we have the same
gentleman has spoken of the term "will-
action by an agency is to allow recovery
problem in respect to awards made in
ful, arbitrary, and capricious."
for actual damage and punitive damage.
condemnation cases. We have the same
Can the gentleman give me any reason
So, what this amendment does, to recap,
problem.
in the world why I, as a person who has
is to take the reasonable remedy, restore
Mr. McCLOSKEY. Mr. Chairman, I
been injured, should not recover actual
the rights to the individual who is ac-
move to strike the requisite number of
damages from a dumb but ineffective
tually damaged in the cases where, in the
words.
bureaucrat, since I can get them from
present bill now, it is only actual dam-
Mr. Chairman, I would like to speak
one who acts willfully?
ages in cases of willful, arbitrary or ca-
against this amendment, and I would
One can be hurt just as badly by a
pricious action. My amendment would
like to call the attention of my colleagues
dumb, well intentioned person as one
give the person the right to recover ac-
to the very real problem that the amend-
can by an intelligent, conniving one, can
tual damages in cases where there is a
ment imposes on a government servant.
he not?
failure to comply with the law. It would
We have just overriden a presidential
Mr. McCLOSKEY. Mr. Chairman, let
also give him punitive damages in those
veto of the Freedom of Information Act,
me respond to the gentleman in this
cases where there is willful, arbitrary or
and we have put in that statute ex-
way: that we are trying to balance two
capricious action by the agency.
tremely strong and rigorous provisions,
great interests here. We are trying to
Mr. BUTLER. Mr. Chairman, will the
penalizing a Government agency and an
balance the necessity of balancing the
gentleman yield for a question?
employee who may improperly withhold
budget, and we are trying to protect the
Mr. FASCELL. Yes.
information from the public or from the
Government from undue liability.
Mr. BUTLER. My understanding is
Congress or from other Federal em-
I think it is wrong to make the Gov-
that, in effect, what you are providing
ployees. We have wanted to penetrate the
ernment of the United States and this
for are punitive damages in case of will-
veil of secrecy which Government agen-
congressional budget subject to an abso-
ful, arbitrary, or capricious action of
cies and Government bureaucrats have
lutely incalculable amount of liquidated
the United States in withholding in-
been accustomed to throw around the
damages. If we had a hundred lawsuits.
formation?
protection of information.
and if we had a hundred verdicts of S1
Mr. FASCELL. The gentleman is cor-
If we enact this amendment however,
million each, there would be no guar-
rect. That is one part of the amend-
we will, in effect, be placing upon the
antee in any way that this Congress
ment.
Government bureaucrat the choice that
could protect itself against that liability.
Mr. BUTLER. Can the gentleman cite
if he reveals information improperly, he
It seems to me, when we balance the
me a precedent in the statutes in the
may subject his agency to punitive
rights of the individual against the Gov-
United States, or has the United States
damages. If he withholds the informa-
ernment, that to add punitive damages
adopted a low holding itself open for
tion, on the other hand, he is subject
and to set this kind of a precedent is an
willful punitive damages? Can the gen-
only to ordinary damages, attorneys'
unfortunate mistake. It would be the
tleman cite me a statute where any na-
fees. and costs.
first time in history this has occurred.
tion of the world has held itself open for
Government employees, faced with
This would be singling out invasion of
punitive damages in the statute?
that choice, faced with the imposition
privacy as a particular right of an in-
Mr. FASCELL. Frankly, I do not have
of punitive damages if they improperly
dividual against the Government. a right
that citation. But the gentleman knows
release information, as against only
that would weigh heavier than all other
where one has a willful. capricious, arbi-
attorneys' fees and costs if they im-
rights.
trary action by the Government, and
properly withhold will be tempted to
We have just seen a Presidential veto
one is trying to protect the rights of the
withhold. We thus endanger that great
sustained in the case of an individual
individual, mine or the gentleman's, it
principle which we have just established
who could not recover damages against
seems to me that leaving it to the court
when we overrode the presidential veto
the Government in an ordinary lawsuit.
to decide whether or not there ought to
of the Freedom of Information Act
Why should we make invasion of privacy
be punitive damages under our system is
Amendments.
a special right with this extraordinary
reasonable. I am perfectly willing to leave
Mr. FASCELL. Will the gentleman
remedy?
it to the system. We do it in all kinds of
yield?
Mr. ECKHARDT. Mr. Chairman. will
cases with respect to the individual re-
Mr. McCLOSKEY. I yield to the
the gentleman yield further?
dress against the Government of the
gentleman.
Mr. McCLOSKEY. I yield to the gen-
United States.
Mr. FASCELL. Let us talk about my
tleman from Texas.
Mr. BUTLER. May I fairly observe
problem. You are a Government em-
Mr. ECKHARDT. Mr. Chairman. aside
there is no sovereignty in the world that
ployee and I want some information
from the point the gentleman is making
exposes itself to punitive damages by a
from you, is there any hardship on you
with respect to. punitive damages, the
statute of this nature?
or any burden to make that information
question I am raising is that this amend-
Mr: FASCELL. I thank the gentle-
available to me?
ment is the only vehicle that would cor-
man for his observation.
Mr. McCLOSKEY. I may violate the
rect the situation, because actual dam-
Mr. McCLOSKEY. Mr. Chairman, will
Freedom of Information Act if I do not
ages are not available to an injured party
the gentleman yield?
reveal it. Yet I may be subject to puni-
because the person who hurt him did not
Mr. FASCELL. I yield to the gentleman
tive damages if I do.
do so intentionally.
from California.
Mr. FASCELL. No, the punitive damage
Is that not what the gentleman reads
Mr. McCLOSKEY. I thank the gentle-
language only says, "willful, capricious,
in the original language, and is that not
man for yielding. I think we have made
or arbitrary."
corrected by the amendment?
an exhaustive study of the statutes of
Mr. McCLOSKEY. Mr. Chairman, I
Mr. McCLOSKEY. Mr. Chairman, I do
this Nation. and if we are to adopt by
do not think any of us who have prac-
not believe that the individual is denied
this amendment punitive damages. it
ticed law would care to stake our future
actual damages if he can prove them. In
would be the first time in history that
and our future careers on what some
cases of this kind, of course. it is quite
the United States has made itself subject
court might determine to be "willful,
often difficult to prove actual damages
to punitive damages for any cause or in
capricious, and arbitrary."
but that is not necessarily a
any case. We have adopted six or seven
36660
CONGRESSIONAL RECORD
November 20, 1974
establish the extraordinary remedy of
precedented to make Government liable
ing on orders from Washington, refused
punitive damages.
for punitive damages, because there has
to prosecute, Judge Hill proceeded to ap-
Mr. ECKHARDT. Mr. Chairman, I
been no precedent in the past for making
point three members of the bar to do that
move to strike the requisite number of
any Government liable for punitive
job. But, believe it or not, so determined
words, and I rise in support of the
damages.
was Attorney General Saxbe's Depart-
amendment.
I would also like to point out that the
ment of Justice to protect Jacobsen
Mr. Chairman, I wish to speak only
bill, as it was being considered in com-
against being tried for an $825,000 crime.
briefly. I simply wish to point out, if I
mittee, had a punitive damage section.
it requested and obtained a stay order
understand the amendment correctly,
The committee, in its wisdom, removed
in the Fifth Circuit Court of Appeals-
the thrust of the first part of the amend-
that by amendment before reporting the
pending full review of the issue.
ment is to avoid what seems to me to be
bill.
Mr. Speaker, ostensibly the dismissal
a terrible error in the bill, and that is
I hope the committee will be sustained
request stemmed from a copout deal with
this: that a person who is injured by vir-
on the floor and the amendment will be
Jacobsen under which the latter agreed
tue of a mistake unintentionally made by
defeated.
to testify against John Connally involv-
a bureaucrat has no redress for that in-
Mr. MOORHEAD of Pennsylvania. Mr.
ing a claim Connally had somehow mis-
jury.
Chairman, I move to strike the requisite
used $10,000 in milk funds in Washing-
Will the author of the amendment in-
number of words.
ton.
form me whether I am correct on that?
Mr. Chairman, I regret that I cannot,
Obviously, the Office of Special Prose-
Mr. FASCELL. Mr. Chairman, will the
as floor manager, accept this amend-
cutor, headed at the time by Leon Jawor-
gentleman yield?
ment, although as an individual Member
ski, and Attorney General William Saxbe
Mr. ECKHARDT. I yield to the gen-
I support it.
were determined to pay any price for
tleman from Florida.
Permit me to explain my position.
testimony which would suit their needs.
Mr. FASCELL. Mr. Chairman, the
When the bill was reported by the sub-
Jacobsen not only wangled a virtual par-
gentleman from Texas is absolutely cor-
committee, it contained a punitive dam-
don for an $825,000 major crime out of
rect.
ages provision. However, this provision,
Saxbe and the Office of Special Prosecu-
That provision is totally lacking in
by a close 18 to 14 vote in the full com-
tor, but in their gleeful spirit of trium-
the bill, and that is what this amendment
mittee, was deleted.
phant generosity they also, for good
provides.
Therefore, although I personally sup-
measure, agreed to forgo Federal prose-
If the gentleman will yield further. I
port the amendment, I do not feel. as
cution of another felony pending against
would like to respond to some of the re-
floor manager, that I can argue in favor
Jacobsen in Washington.
marks made by the gentleman from Cali-
of the amendment.
This will probably go down as the most
fornia. The gentleman said that we would
Let me state to the Chair that after
lopsided and most incredible windfall
not know how much money this would
the action on this amendment, it is the
ever accorded a man accused of a major
cost and that there is no way to budget
intention of myself to move. that the
crime.
it. That is the same problem the Govern-
committee rise.
It should be emphasized that there was
ment is faced with in all claims bills. We
The CHAIRMAN. The question is on
no remote relationship-none whatever-
do not at any time know how much
the amendment offered by the gentleman
between the misapplication of saving and
money it will cost and how much should
from Florida (Mr. FASCELL)
loan funds in Texas and the Watergate
be budgeted. Of course, I feel after to-
The amendment was rejected.
investigation and related indictments in
day that we may never pass any again,
Mr. MOORHEAD of Pennsylvania. Mr.
Washington. Therefore, the practice of
but nevertheless we are stuck with the
Chairman, I move that the Committee do
plea bargaining, applicable to multiple
same problem in that respect.
now rise.
offenses or degree of offenses. flowing out
It seems to me that this matter can
The motion was agreed to.
of a common transaction, has no appli-
be spelled out in a different way. We
Accordingly the Committee rose: and
cation in the situation I have described.
would force these individuals to file pri-
the Speaker having resumed the Chair,
Is it any wonder Judge Hill would not
vate claims bills. After numerous bills
Mr. BRADEMAS. Chairman of the Commit-
be a party to such a scandalous transac-
were filed and after they tried to get
tee of the Whole House on the State of
tion? He is to be commended for his law-
redress, we would force these people to
the Union, reported that that committee,
and-order attitude. In this day and time
take action. As the gentleman from
having had under consideration the bill
when so many treat crime so lightly, it
Texas has said, this should be a matter
H.R. 16373 to amend title 5, United States
is refreshing to have a judge who believes
of legal right, and they should have the
Code, by adding a section 552a to safe-
in upholding the dignity of the law.
right to collect damages.
guard individual privacy from the misuse
Incidentally, Mr. Speaker, the big los-
Mr. ECKHARDT. Mr. Chairman, it
of Federal records and to provide that in-
ers in the $825,000 savings and loan fund
also seems to me that the fears concern-
dividuals be granted access to records
indictment reside in my district. The
ing punitive damages are ill-founded.
concerning them which are maintained
savings and loan company is located in
The court must agree in these situations
that they should be granted. I feel that
by Federal agencies, had come to no reso-
my hometown. Those people are not
lution thereon.
interested in the high flights and poetry
the courts would seldom grant them
of Washington-based copouts. They want
against the United States if the United
justice administered to the man accused
States was acting properly.
of robbing them of their hard-earned
U.S. DISTRICT JUDGE COMMENDED
Mr. FASCELL. The gentleman is ab-
money.
solutely correct.
FOR OPPOSING DEPARTMENT OF
On last August 22 I wrote Attorney
JUSTICE ATTEMPT TO PREVENT
Mr. ERLENBORN. Mr. Chairman, I
General Saxbe a letter in which I asked
move to strike the requisite number of
PROSECUTION OF JAKE JACOBSEN
him the following two questions:
FOR MAJOR CRIME
words, and I rise in opposition to the
1. Specifically, what if anything was wrong
amendment.
(Mr. FISHER asked and was given
with the Texas case, what are the legal
Mr. Chairman, I know that the eru-
permission to address the House for 1
grounds, to justify this extraordinary action
dite gentleman from Texas (Mr. EcK-
minute, to revise and extend his re-
of dismissal?
HARDT) is a lawyer. I have heard the
marks.)
2. Is the proposed dismissal recommended
gentleman discourse very learnedly on
Mr. FISHER. Mr. Speaker, when the
by the U.S. District Attorney whose respon-
the floor of the House before. I un-
Department of Justice recently asked
sibility. it would be to prosecute Jacobsen in
the Texas case?
derstand the gentleman from Florida
U.S. District Judge Robert M. Hill, in
(Mr. FASCELL) also has legal training.
Dallas. to dismiss an indictment there
Mr. Speaker, that letter was written
As I believe most of the lawyers here
against Jake Jacobsen, involving $825,000
3 months ago. Up to this time I have not
in the House know, it is a general prin-
in savings and loan funds. the judge very
received even the courtesy of an acknowl-
ciple of law that the Government, in
properly revolted. He insisted no valid
edgment from the Attorney General.
exercising its governmental functions, is
grounds were presented and that the de-
The fact is there are in fact no legal
not liable.
fendant should be made to answer for a
grounds for dismissal, and the fact is the
In exercising the proprietary func-
crime of this magnitude.
U.S. district attorney handling the
tions, the Government can be liable: but
There was no claim the charge against
$825,000 indictment did not initiate a
it would be, as has been pointed out by
Jacobsen was not fully justified.
request for dismissal.
others debating this amendment, un-
Then. when the district attorney, act-
Quite obviously, therefore, it would be
36666
CONGRESSIONAL RECORD-HOUSE
November 20, 1974
The Secretary of the Treasury has very
For the first time the American public
other provisions of law which relate to
broad outstanding authority to dispose of our
will be made aware of the existence and
campaign financing.
gold. Current law provides that
he may
characteristics of all personal informa-
With the passage of the 1974 act and
sell gold in any amount at home or abroad,
tion systems kept by every Federal
establishment of the Commission, Con-
in such manner and at such rates and upon
such terms and conditions as he may deem
agency and each citizen will be able to
gress has made a most important official
most advantageous to the public inter-
review and correct his record as com-
move to recognize, and to begin to re-
est I believe that the oversight au-
piled by Government agencies, to correct
dress, the dangerous lack of public con-
thority provided by my bill properly belongs
inaccurate or misleading information in
fidence in politics and government at all
to the Congress. This is yet another area
the records that can be so damaging.
levels.
where the executive branch has unlimited
For the first time citizens will be able
The Commission is unique among Fed-
power and where the people's Representatives
to control the transfer of personal in-
eral institutions. Two of the Commis-
in Congress should have the right to over-
see any action taken.
formation about him from one Federal
sioners are appointed by the President;
There is clearly no valid reason for deny-
agency to another for nonroutine pur-
two are appointed by the Speaker of the
ing Congress the oversight authority pro-
poses and no records concerning po-
House upon the recommendations of
vided by my bill. The Secretary of the Treas-
litical and religious beliefs of individuals
the majority and minority leaders of the
ury was initially granted his broad powers
can be maintained by Federal agencies
House; two are appointed by the Presi-
for the purpose of stabilizing the value of
unless expressly authorized by law or an
dent pro tempore upon the recommenda-
our currency at a time when it was redeem-
individual himself. Moreover, the avail-
tions of the majority and minority
able in gold. The gold-reserve requirements
for Federal Reserve notes and deposits have
ability of records containing personal
leaders of the Senate. All six voting mem-
information will be limited to agency
bers must be confirmed by both the
been abolished, however, and the reduction
of the monetary role of gold, begun in the
employees who need access to them in
House and Senate for 6-year terms. In
days of the New Deal, has now been com-
the performance of their duties.
recognition of the complexity, scope, and
pleted.
In essence, H.R. 16373 provides a series
importance of the new Commission's
It is clear that the power to dispose of this
of basic safeguards for the individual to
work, the law states that "members shall
national treasure, our gold reserves, must
not rest in one individual. I plan to reintro-
help remedy the misuse of personal in-
be appointed on the basis of maturity,
formation by the Federal Government
experience, integrity, impartiality and
duce this legislation requiring Congressional
approval of the sale, alienation, or commit-
and reassert the fundamental right of
good judgment."
ment of our gold on Monday, September 23,
personal privacy of all Americans.
The effectiveness of the new law will
and I welcome your support.
Mr. Speaker, we have a long way to
be dependent on the ability of the Com-
go before our citizens are once again
mission to oversee and enforce the act's
confident that the constitutional guaran-
intricate provisions and maintain its own
IN DEFENSE OF PRIVACY
tee of privacy is not a mere abstraction
integrity, independence, and impartial-
The SPEAKER pro tempore. Under a
but is a fundamental facet of our sys-
ity in dealing with sensitive issues.
previous order of the House, the gentle-
tem of Government. The Privacy Act of
Both the Congress and the President
man from Connecticut (Mr. McKINNEY)
1974, as I have said, is a first step to
are presently contemplating their
is recognized for 5 minutes.
reinstilling confidence that Government
choices of nominees for these crucial
Mr. McKINNEY. Mr. Speaker, I rise
does indeed respect the freedoms guaran-
positions. To aid this process, it may be
in support of H.R. 16373, the Privacy Act
teed in the Constitution.
helpful to list some of the vast array of
of 1974. This bill is virtually identical to
I would hope my colleagues in the
responsibilities and powers vested in the
legislation I helped to introduced when
Congress will not rest complacent upon
Federal Elections Commission and to re-
I first came to Congress 4 years ago.
passage of the legislation before us to-
view some of the regulatory decisions re-
Since that time I, along with every other
day. There is much work to be done in
quired immediately. The following is a
citizen in this country, have been
the area of privacy and we must address
summary of the major duties and powers
alarmed over the consistent erosion and
the many other aspects-protection of
of the Commission, categorized by func-
Government abuse of our right to pri-
income tax records; protection of com-
tion. which, while not all-inclusive, will
vacy. The Watergate revelations, in
puter files held by private industry:
indicate their range and complexity.
which we learned of Government surveil-
privacy of bank records and credit rat-
GENERAL RESPONSIBILITIES
lance of innocent citizens, illegal wire-
ings; surveillance of innocent citizens,
After being nominated, the Commis-
tapping, misuse of income tax data, col-
to name but a few-to once again insure
sioners-designate will be subjected to
lection of personal dossiers, have helped
privacy as an intrinsic individual liberty,
confirmation hearings. They will be ex-
to create a growing distrust and even
inherent to our system of democracy.
pected to display knowledge of the law.
fear of Government in the minds of mil-
a grasp for the failings of the old sys-
lions of Americans.
tem, and a willingness to devote long
To meet these myriad abuses I had
hours to assuring the smooth function-
hoped Congress would promptly enact a
FEDERAL ELECTIONS COMMISSION
ing of the Commission.
much more comprehensive and inclusive
The SPEAKER pro tempore. Under a
Upon final appointment, the Commis-
bill than is represented by H.R. 16373.
previous order of the House, the gentle-
sioners will need to find a office/head-
The aim of this legislation is to safe-
man from Minnesota (Mr. FRENZEL) is
quarters. There will be countless budget-
guard individual privacy from the mis-
recognized for 60 minutes.
ing, equipment, and hardware decisions.
use of Federal records and to provide
Mr. FRENZEL. Mr. Speaker, the Fed-
The Commissioners will have to appoint
that inividuals be granted access to rec-
eral Election Campaign Act Amendments
a staff director, general counsel and
ords concerning them which are main-
of 1974-Public Law 93-443-signed into
other members of the staff. Skillful per-
tained by Federal agencies. However, I
law just last month by President Ford, is
sonnel selection is essential if the Com-
recognize there must be a first step in
an important milestone in the reform of
mission is to meet its varied responsibil-
protecting the personal freedom of pri-
our system of campaign financing. In the
ities. Considerable administrative skill
vacy and there is no better place to be-
past, probably the most important rea-
will be needed at this stage. A few wrong
gin than the safeguarding of individual
son for the failure of campaign finance
decisions might seriously impair the fu-
records held by Government agencies.
reform legislation has been the lack of
ture operation of the Commission.
We have reached the point in our
an effective enforcement agency or
The Commissioners must develop writ-
history when we must determine whether
mechanism. The 1974 law attempts to
ten rules for the conduct of the Commis-
we are to be a people who controls their
remedy this problem by providing a ve-
sion's activities. These rules will provide
Government or a Government that con-
hicle for fair, vigorous, equitable en-
guidelines for the staff and future Com-
trols its people. By passage of this legis-
forcement-a Federal Elections Com-
mission decisions.
lation we are insuring that it is, indeed,
mission.
The Commissioners will be responsible
the people who control their Govern-
The Commission is established to ad-
for formulating overall, general policy
ment, for this bill, in a sense, gives a
minister, seek to obtain compliance with,
for the 1971 act-containing disclosure
conscience to our Government computers
and formulate overall policy for the dis-
provisions-the criminal code sections
and tells our citizens that they are in-
closure requirements enacted by the 1971
relating to campaign financing-contri-
deed individuals, not mere numbers on
law, contribution and expenditure lim-
bution and expenditures limitation and
a card.
itations, public financing provisions, and
so forth-and the Presidential Election
November 21, 1974
CONGRESSIONAL RECORD-HOUSE
36955
NAYS-109
the
request
of
the
gentleman
from
New
Mr.
FULTON
(Chairman
pro
tempore)
in
Abdnor
Davis. Wis.
Mahon
Jersey?
the chair.
Andrews, N.C.
de la Garza
Mallary
There was no objection.
The CHAIRMAN pro tempore. When
Andrews,
Denholm
Mann
the Committee rose on yesterday. the
N. Dak.
Dennis
Martin. Nebr.
amendment in the nature of a substitute
Archer
Devine
Mathis, Ga.
Dickinson
Mayne
PERMISSION FOR COMMITTEE ON
to the bill was subject to amendment at
Arends
Ashbrook
Evans. Colo.
Miller
WAYS AND MEANS TC HAVE U.e TIL
any point.
Bafalls
Evins. Tenn.
Mizell
MIDNIGHT, TUESDAY. NOVEMBER
Are there further amendments?
Baker
Findley
Montgomery
Bauman
Fisher
Nichols
26, 1974, TO FILE A REPORT. ALONG
AMENDMENT OFFERED BY MR. MOORHEAD
Beard
Fountain
Passman
WITH MINORITY AND/OR. SEPA-
OF PENNSYLVANIA
Bennett
Goodling
Price. Tex.
RATE VIEWS, ON H.C. 17488
Mr. MOORHEAD of Pennsylvania. Mr.
Bevill
Gross
Quillen
Blackburn
Hammer-
Randall
Mr. MILLS. Mr. Speaker, I ask unani-
Chairman, I offer an amendment.
Blatnik
schmidt
Roberts
Bowen
Robinson, Va:
mous consent that the Committee on
The Clerk read as follows:
Henderson
Rousselot
Ways and Means may have until mid-
Amendment offered by Mr. MOORHEAD of
Bray
Hicks
Brinkley
Holt
Ruppe
night, Tuesday, November 26, 1974, to
Pennsylvania: On page 31, strike lines 5
Broyhill. N.C.
Hosmer
Ruth
file a report on the bill, H.R. 17488, the
through 9 and insert in lieu thereof the
Burleson. Tex.
Huber
Satterfield
Burlison, Mo.
Energy Tax and Individual Relief Act of
following:
Hutchinson
Scherle
"(3) In a suit brought under the provi-
Butler
Ichord
Shuster
1974, along with any minority and/or
sions of subsection (g) (1) (B) or (C) of this
Byron
Jarman
Spence
Steed
separate views.
section in which the court determines that
Casey. Tex.
Johnson. Calif.
Chappell
Johnson. Colo.
Steiger. Ariz.
The SPEAKER Is there objection to
the agency failed or refused to comply with
Clausen.
Johnson, Pa.
Stubblefield
the request of the gentleman from Ar-
any provision of subsection (g) (1) (B) or
Don H.
Jones. Ala.
Symms
kansas?
(C) of this section, the United States shall
Clawson. Del
Jones. Okla.
Taylor. Mo.
Jones. Tenn.
Taylor. N.C.
There was no objection.
be liable to the individual in an amount
Cleveland
equal to the sum of-"
Cochran
Ketchum
Thomson, Wis.
Collier
Landgrebe
Treen
Mr. MOORHEAD of Pennsylvania. Mr.
Collins, Tex.
Latta
Waggonner
PERSONAL EXPLANATION
Conlan
Wampler
Chairman, the purpose of this amend-
Long. Md.
Daniel. Dan
Lott
Whitten
Mr. RONCALIO of Wyoming. Mr.
ment is to insure that persons who are
Daniel. Robert
McCollister
Young, S.C.
Young, Tex.
Speaker. I wish to state that I would
actually damaged by the failure of the
W.. Jr.
McEwen
McKay
Zion
like the record to show that on the vote
Government agency to comply with the
Davis. Ga.
Davis, S.C.
McSpadden
on the conference report on S. 386. the
provisions of subsection (g) (1) (B) or
NOT VOTING-37
Urban Mass Transportation Assistance
(C) are compensated for their losses.
Harsha
Rarick
Act of 1974, just completed, I was unable
The amendment does not contain a
Armstrong
Bergland
Hebert
Riegle
to return to the floor in order to record
provision for punitive damages, which
Boggs
Heckler. Mass.
Roncalio, Wyo.
my vote. I was in conference on the strip
was objected to yesterday. There is noth-
Brasco
Jones. N.C.
Roncallo. N.Y.
Kuykendall
mine bill.
ing in this amendment, therefore, which
Camp
Rooney. N.Y.
Conable
Landrum
Runnels
Had I been present and voted, I would
subjects the Government to an undue
Crane
Lujan
Sarbanes
have voted against the conference report.
burden. The burden is on the citizen. The
Duiski
Luken
Sebelius
citizen must prove that there was a vio-
Eshleman
Minshall, Ohio
Sikes
Glaimo
Staggers
lation of the provision of this act. He
Patman
Grasso
Poage
Wyman
SENATE OVERRIDES PRESIDENTIAL
must then prove that the adverse deter-
Griffiths
Podell
VETO ON FREEDOM OF INFORMA-
mination which damaged him was ca
1
Hanna
Powell. Ohio
TION ACT
by the above violation. He must finally
So the conference report was agreed
(Mr. MOORHEAD of Pennsylvania
prove the damages caused by the viola-
to.
asked and was given permission to ad-
tion.
The Clerk announced the following
dress the House for 1 minute and to re-
With this substantial burden already
pairs:
vise and extend his remarks.)
placed on the litigant, I see no reason
Mrs. Boggs with Mr. Dulski.
Mr. MOORHEAD of Pennsylvania. Mr.
to require that proof also be offered of
Mr. Hébert with Mrs. Grasso.
Speaker, I take this occasion to advise
willful. arbitrary. or capricious action by
Mr. Sikes with Mr. Luken.
Mr. Riegle with Mrs. Griffiths.
the Members of the House that the other
the defendant agency.
body has followed the leadership of the
This amendment was suggested as a
Mr. Rooney of New York with Mr. Hanna.
Mr. Glaimo with Mr. Rarick.
House and has voted to override the veto
reasonable compromise by the gentleman
on the Freedom of Information Act.
from Texas (Mr. ECKHARDT), and I now
Mr. Staggers with Mr. Kuykendall.
Mr. Sarbanes with Mr. Crane.
yield to him.
Mr. Bergland with Mr. Harsha.
Mr. ECKHARDT. Mr. Chairman, I
Mr. Jones of North Carolina with Mr. Camp.
PRIVACY ACT OF 1974
thank the distinguished subcommit
Mr. Landrum with Mr. Eshleman.
chairman.
Mr. Roncalio of Wyoming with Mr. Con-
Mr. MOORHEAD of Pennsylvania. Mr.
It will be recalled by those who heard
able.
Speaker. I move that the House resolve
the debate yesterday that the primary
Mrs. Heckler of Massachusetts with Mr.
itself into the Committee of the Whole
objection to the Fascell amendment was
Lujan.
House on the State of the Union for the
Mr. Runnels with Mr. Minshall of Ohio.
that the Government should not be
further consideration of the bill (H.R.
Mr. Sebelius with Mr. Patman.
subjected to punitive damages. I think
16373) to amend title 5, United States
Mr. Roncallo of New York with Mr. Powell
that that was the major ground upon
Code, by adding a section 552a to safe-
of Ohio.
which that amendment was defeated.
guard individual privacy from the mis-
The result of the vote was announced
Frankly. had I thought that the Gov-
use of Federal records and to provide that
ernment would practically be so jeopar-
as above recorded.
individuals be granted access to records
dized, I would have voted against it too.
A motion to reconsider was laid on the
concerning them which are maintained
I did not think that it was a practical
table.
by Federal agencies.
danger. but this amendment completely
The SPEAKER. The question is on the
removes that proposition.
motion offered by the gentleman from
GENERAL LEAVE
However, the amendment does afford
Pennsylvania (Mr. MOORHEAD)
a correction of what seemed to me to be
Mr. MINISH. Mr. Speaker. I ask unani-
The motion was agreed to
a very bad defect in the existing lan-
mous consent that all Members may have
The SPEAKER. The Chair requests the
guage, and that is that even though a
5 legislative days in which to revise and
gentleman from Tennessee (Mr. FULTON)
person may not be able to get a job be-
extend their remarks, and to include ex-
to assume the Chair temporarily.
cause his record falsely indicated his
traneous material, on the conference re-
IN THE COMMITTEE OF THE WHOLE
having been discharged when he had in
port to accompany S. 386, the Urban
Accordingly the House resolved itself
fact resigned, if an agent of Government
Mass Transportation Assistance Act of
into the Committee of the Whole House
made an innocent mistake in failing to
1974, just agreed to.
on the State of the Union for the further
go through with the procedure provided
The SPEAKER. Is there objection to
consideration of the bill II.R. 16373, with
in this bill and the person whose record
twived to 36976
36968
CONGRESSIONAL RECORD-HOUSE
November 21, 1974
have some things in it others do not
it and of the growing awareness among
formation by a government employee
legislators of that need.
punishable by a fine not to exceed $5,000.
want.
It is something I think that the House
THE PRIVACY ACT OF 1974
Provides that any person who requests
can get behind, and I do know the deep
The bill before us, the Privacy Act of
or obtains such a record by false pre-
interest of the gentleman from Penn-
1974, injects a new sensitivity to individ-
tenses is subject to a fine of not to exceed
sylvania and the gentleman from Illinois
ual rights into all the recordkeeping
$5,000.
in this subject matter, as well as the
practices of the Federal Government.
And, sets forth statutory provisions re-
other Members of the committee, and I
These fair information practices assert
lating to archival records; requires an-
know that their oversight on this will be
that there should be no recordkeeping
nual report from the President on agency
an active and living oversight in the days
system whose existence is a secret; that
uses of exemptions; and provides that
to come. You cannot grow a full-grown
personal information in all files should
the law would become effective 180 days
oak by one act, planting. Every piece of
be accurate, complete, relevant and up-
following enactment.
legislation that I have worked on in the
to-date; that individuals should be able
On the whole, these are the recom-
32 years I have been here has had to be
to review and correct almost all Federal
mendations arising from the initial pro-
supervised by the committee or attended
files about themselves: that information
tection of privacy bill introduced this
to and changed from time to time, with
gathered for one purpose should not be
Congress, the Goldwater-Koch-Kemp
changing conditions, or with information
used for another without the individual's
bill, particularly as those recommenda-
that comes in that indicates changes are
consent; and, that the security and con-
tions relate to access, inspection, copying,
necessary. I want to commend both of
fidentiality of personal files should be
supplementation, and correction of rec-
the gentlemen and members of the com-
ords.
assured.
mittee for work they have done on this.
The adoption of these rules as Federal
The few problems associated with the
I believe it is a good bill and I intend to
bill reported by the Committee are sus-
policy is of historic dimensions.
vote for it.
In amending title 5, Government or-
ceptible, I believe, to remedy through the
Mr. MOORHEAD of Pennsylvania. I
ganization and employees, of the United
amendment process this afternoon.
thank the gentleman for his kind re-
State Code, to reflect these rules, the
PRIVACY OF MEDICAL RECORDS AND MEDICAL
INFORMATION
marks.
following specific requirements would
Mr. KEMP. Mr. Chairman, I rise in
be given force of law:
Subsection (f) (3) of the proposed sec-
support of the bill H.R. 16373, the pro-
Permits an individual to have access
tion 552a of title 5 would require that
posed Privacy Act of 1974, and the prin-
to records containing personal informa-
each agency maintaining a system of
ciples embodled within it. The American
tion on him kept by Federal agencies, for
records to promulgate rules to establish
people deserve the type of protection of
purposes of inspection. copying, supple-
procedures for the disclosure to an in-
their privacy provided by this legislation
mentation and correction-with certain
dividual upon his request of his record
and I ask that it be passed overwhelm-
exceptions, including law enforcement
or information pertaining to him, in-
ingly.
and national security records.
cluding special procedure, if deemed nec-
This is not a new subject area to me.
Allows an individual to control the
essary. for the disclosure to an individ-
During this Congress I have sponsored
transfer of personal information about
ual of medical records, including psy-
him from one Federal agency to another
chological records, pertaining to him.
or cosponsored 16 separate measures re-
for nonroutine purposes by requiring his
The committee's report clarifies this
lating to the right of privacy. These
measures would tighten policy and pro-
prior written consent.
section with the following language:
cedures in such practices as the ex-
Makes known to the American public
If, in the judgment of the agency. the
transmission of medical information directly
change of information about individuals
the existence and characteristics of all
to a requesting individual could have an ad-
between Government agencies and Gov-
personal information systems kept by
verse effect upon such individual, the rules
ernment and industry; the use of social
every Federal agency.
which the agency promulgates should pro-
security numbers and other coding sys-
Prohibits the maintenance by Federal
vide means whereby an individual who would
tems as universal identifiers; the pro-
agencies of any records concerning the
be adversely affected by receipt of such data
cedures for approval of wiretaps and
political and religious beliefs of individ-
may be apprised of it in a manner which
other forms of electronic surveillance;
uals unless expressly authorized by law
would not cause such adverse effects. An ex-
or an individual himself.
ample of a rule serving such purpose would
the inspection of confidential Federal in-
be transmission to a doctor named by the
come tax returns by unauthorized par-
Limits availability of records contain-
requesting individual.
ties; the scope of the exclusions from
ing personal information to agency em-
the Freedom of Information Act; and,
ployees who need access to them in the
As one who is particularly concerned
various forms of surveillance.
performance of their duties.
with the right of privacy as it pertains to
As a member of the Task Force on Pri-
Requires agencies to keep an accurate
medical records and information-thosc
vacy, the extensive final report of which
accounting of transfers of personal rec-
records and that information held by the
was released several months ago, I had
ords to other agencies and outsiders and
Federal agencies as well as those held
an opportunity to participate in the for-
make such an accounting available, with
within the States-I am encouraged by
mulation of specific recommendations on
certain exceptions to the individual upon
the direction of the committee's action
what actions the Congress ought to take
his request.
in this regard. But, more should be done.
to further assure the adequacy of law
Requires agencies, through formal
It is for that reason that I introduced,
as to the right of privacy.
rulemaking, to list and describe routine
on October 11, the bill, H.R. 17323, to es-
transfers and establish procedures for
tablish a Federal Medical Privacy Board
And, as a member of the Committee
on Education and Labor, I was deeply
access by individuals to records about
with responsibility for promoting pro-
involved in-and supportive of-the en-
themselves, amending records, handling
tection of the right of privacy as it re-
actment of the recent amendment to the
medical information, and charging fees
lates to personal medical information.
Elementary and Secondary Education
for copies of documents.
That bill would establish a compre-
Act, an amendment tightening pro-
Makes it incumbent upon an agency to
hensive, mandatory program of protec-
cedures for disclosure of information
keep records with such accuracy, rele-
tion of the confidentiality of medical rec-
from student records maintained by
vance, timeliness and completeness as is
ords held by Federal agencies and would
reasonably necessary to assure fairness
establish a financial assistance program
school systems. Offered in the Senate by
to the individual in making determina-
to States which develop adequate pro-
the distinguished and learned Senator
tions about him.
grams for the protection of non-Federal
from New York, JAMES L. BUCKLEY, this
Provides a civil remedy by individuals
records, held by Government or within
amendment, known as the Family Edu-
who have been denied access to their
the private sector, in their respective
cational Rights and Privacy Act of 1974,
records or whose records have been kept
States.
is now law and became effective yester-
or used in contravention of the require-
This subject is too serious-and poten-
day.
ments of the act. The complainant may
tially too far-reaching-to be dealt with
I regard the consideration of this bill
recover actual damages and costs and
as just one of many items to be covered
today-the first comprehensive privacy
attorney fees if the agency's infraction
by a more comprehensive act. I support,
bill to be reported by a House commit-
was willful, arbitrary, or capricious.
as I indicated earlier, the provision in
tee-as an indication both of the actual
Makes unlawful possession of or dis-
the bill now before us as to medical rec-
need for the protections embodied within
closure of individually identifiable in-
ords, but I do not feel it is adequate.
continued to P. 36976
36976
CONGRESSIONAL RECORD-HOUSE
November 21, 1974
pared for the National Science Foundation.
The SPEAKER. Evidently a quorum is
Roush
Steele
Ware
R-1044-NSF. March 1974. Santa Monica,
not present.
Rousselot
Steeiman
Whalen
Callf.. Rand Corp., 1974.
Roy
U.S. Congress. House. Committee on Gov-
The Sergeant at Arms will notify
Steiger. Ariz.
White
Roybal
Steiger. Wis.
Whitehurst
erument Operations. Federal information
absent Members.
Ruppe
Stokes
Whitten
Ruth
systems and plans-Federal use and devel-
The vote was taken by electronic de-
Stratton
Widnail
Ryan
Stubbleneld
opment of advanced technology. Hearings
Wiggins
vice, and there were-yeas 353, nays 1,
Sandman
Stuckey
Williams
before the Subcommittee on Foreign Opera-
tions and Government Information: 93rd
not voting 80, as follows:
Sarasin
Studds
Wilson, Bob
Sarbanes
Sullivan
Wilson.
Cong. 1st and 2d session, Washington, U.S.
[Roll No. 641]
Satterfield
Symington
Charles H.,
Govt. Printing Office, 1973, 1974.
Scherle
Talecit
YEAS-353
Calif.
Schneebell
U.S. Congress. Senate. Committee on the
Taylor. Mo.
Wilson.
Abdnor
Dorn
Judiciary. Federal data banks, computers
Long, La.
Schroeder
Taylor. N.C.
Charles, Tex.
Abzug
Downing
Long, Md.
Seiberling
Tho pson. N.J. Winn
and the Bill of Rights. Hearings before the
Adams
Drinan
Lott
Shipley
Thomson, Wis.
Wolff
Subcommittee on Constitutional Rights.
Addabbo
Duncan
Lujan
Shriver
Thone
Wright
92nd Cong. 1st session. Washington, U.S.
Alexander
du Pont
McClory
Shuster
Thornton
Wyntt
Govt. Printing Office, 1971.
Anderson.
Eckhardt
McCloskey
Sisk
Towell. Nev.
Wydler
U.S. Department of Health, Education. and
Calif.
Edwards, Ala.
McCollister
Skubitz
Treen
Wylle
Anderson. III.
Edwards, Calif.
McCormack
Slack
Udall
Welfare. Secretary's Advisory Committee on
Yutes
Andrews, N.C.
Eilberg
McDade
Smith. Iowa
Ullman
Yatron
Automated Personal Data Systems. Records,
Andrews,
Erlenborn
McEwen
Smith, N.Y.
Van Deerlin
Young. Alaska
computers, and the rights of citizens. Wash-
N. Dak.
Esch
McFall
Snyder
Vander Jagt
Young. Fla.
ington, U.S. Govt. Printing Office, 1973.
Annunzio
Evins. Tenn.
McKay
Spence
Vander Veen
Young. III.
Westin. Alan F. and Michael A. Baker.
Archer
Fascell
McKinney
Stanton,
Vanik
Young. Tex.
Databanks in a free society: computers, rec-
Arends
Findley
Macdonald
J. William
Veysey
Zablocki
ord-keeping, and privacy. Report of the proj-
Ashley
Fish
Madden
Stanton.
Vigorito
Zion
Badillo
Fisher
Madigan
James V.
Waggenner
Zwach
ect on Computer Data-banks of the Com-
Bafalls
Flood
Mahon
Stark
Walsh
puter Science and Engineering Board. Na-
Baker
Flowers
Mallary
Steed
Wampler
tional Academy of Science. New York, Quad-
Barrett
Flynt
Mann
rangle Books, 1972.
Bauman
Foley
Maraziti
NAYS-1
Wheeler. Stanton. On record: files and dos-
Beard
Ford
Martin; Nebr.
Landgrebe
sters in American life. New York, Russell
Bennett
Forsythe
Martin. N.C.
Bevill
Fountain
Mathias. Calif.
NOT VOTING-80
Sage Foundation, 1969.
Biaggi
Fraser
Mathis. Gn.
Armstrong
Froehlich
Patman
The CHAIRMAN. Are there any. fur-
Biester
Frelinghuysen
Matsungan
Ashbrook
Glaimo
Phane
Bingham
Frenzel
Mayne
Aspin
Grasso
Podell
ther amendments? If not, the question
Blackburn
Frey
Mazmoll
Bell
Grover
Powell. Ohio
is on the committee amendment in the
Blatnik
Fulton
Meetis
Bergland
Hansen, Wash.
Quillen
Bolling
Fuqua
Melcher
Boggs
Harsha
nature of a substitute, as amended.
Rangel
Bowen
Gaydos
Mezvinsky
Boland
Hastings
Rarick
The committee amendment in the
Brademas
Gettys
Michel
Brasco
Hays
Rhodes
nature of a substitute, as amended. was
Bray
Gibbons
Milford
Breaux
Hébert
Ricgle
agreed to.
Breckinridge
Gilman
Miller
Brooks
Heckler. Mass.
Roe
Brinkley
Ginn
Mills
Burke, Calif.
Hillis
Roncallo. N.Y.
The CHAIRMAN. Under the rule. the
Broomfield
Goldwater
Minish
Camp
Hogan
Rconey. N.Y.
Committee rises.
Brotzman
Gonzalez
Mink
Carey, N.Y.
Hunt
Runnels
Accordingly the Committee rose: and
Brown, Calif.
Goodling
Mitchell. Md.
Chappell
Jones. Ala.
St Germain
Brown. Mich.
Gray
Mitchell, N.Y.
Clancy
Jones. N.C.
Sebellus
the Speaker having resumed the Chair
Brown. Ohio
Green. Oreg.
Mizell
Clay
Karth
Shoup
(Mr. BRADEMAS) Chairman of the Com-
Broyhill. N.C.
Green. Pa.
Moakley
Conable
Kastenmeier
Sikes
mittee of the Whole House on the State
Broyhill. Va.
Grifiths
Mollohan
Crane
Kluczynski
Staggers
Buchanan
Gross
Montgomery
Daniels,
Kuykendall
Stephens
of the Union, reported that that Com-
Burgener
Gubser
Moorhead.
Dominick V.
Landrum
Symma
mittee having had under consideration
Burke, Fla.
Gude
Calif.
Danielson
Latta
Tengue
the bill H.R. 16373 to amend title 5,
Burke. Mass.
Gunter
Moorhead, Pa.
Dent
Luken
Tiernan
Burleson, Tex.
Guyer
Morgan
Devine
McSpadden
Traxier
United States Code, by adding a section
Burlison. Mo.
Haley
Mosher
Diggs
Metcalfe
Waldie
552a to safeguard individual privacy
Burton, John
Hemilton
Murphy. III.
Dulski
Minshail, Ohio
Wyman
from the misuse of Federal records and
Burton, Phillip
Hammer-
Murtha
Eshleman
Moss
Young. Cn.
Butler
schmidt
Myers
Evans, Colo.
Murphy. N.Y.
Young. S.C.
to provide that individuals be granted
Byron
Hanley
Natcher
access to records concerning them which
Carney, Ohio
Hanna
Nedzi
So the bill was passed.
are maintained by Federal agencies. pur-
Carter
Hanrahan
Neisen
The Clerk announced the following
Casey, Tex.
Hansen. Idaho
Nichols
suant to House Resolution 1419, he re-
pairs:
Cederberg
Harrington
Nix
ported the bill back to the House with an
Chamberlain
Hawkins
Obey
Mr. Hébert with Mr. Dulski.
amendment adopted by the Committee
Chisholm
Hechler, W. Va.
O'Brien
Mrs. Boggs with Mr. Aspin.
Clark
Heinz
O'Hara
of the Whole.
Mr. Moss with Mr. Luken.
Clausen.
Helstocki
O'Neill
Mr. Sikes with Mr. McSpadden.
The SPEA ER. Under the rule. the
Don H.
Henderson
Owens
previous question is ordered.
Clawson. Del
Hicks
Parris
Mr. Boland with Mr. Young of Georgin.
Cleveland
Hinshaw
Is a separate vote demanded on any
Passman
Mr. Rooney of New York with Mr. Tiernan.
Cochran
Holifield
Patten
Mr. Giaimo with Mr. Traxier.
amendment to the committee amend-
Cohen
Holt
Pepper
Mr. Staggers with Mr. Patman.
ment in the nature of a substitute adopt-
Collier
Heltzman
Perkins
Mr. Hays with Mr. Minshall of Ohio.
ed in the Committee of the Whole? If
Collins, Ill.
Horton
Pettis
Mr. Bergland with Mr. Kuykendall.
Collins. Tex.
Hosmer
Peyser
no, the question is on the amendment.
Mr. Chappell with Mr. Hunt.
Contan
Howard
Pickle
The amendment was agreed to.
Conte
Huber
Pike
Mr. Carey of New York with Mr. Hogan.
The SPEAKER. The question is on the
Conyers
Hudnut
Preyer
Mr. Brooks with Mr. Camp.
Corman
Hungate
Price, ni.
Mrs. Burke of California with Mr. Froeh-
engrossment and third reading of the
Cotter
Hutchinson
Price, Tex.
lich.
bill.
Coughlin
Ichord
Pritchard
Mr. Breaux with Mr. Ashbrook.
The bill was ordered to be engrossed
Cronin
Jarman
Quie
Johnson, Calif.
Mr. Kluczynski with Mr. Grover.
Culver
Railsback
and read a third time, and was read the
Daniel, Dan
Johnson, Colo.
Randall
Mr. Landrum with Mr. Devine.
third time.
Daniel. Robert
Johnson, Pa.
Rees
Mr. Metcalfe with Mrs. Grasso.
The SPEAKER. The question is on the
W., Jr.
Jones, Okla.
Regula
Mr. Murphy of New York with Mr. Con-
Davis, Ga.
Jones, Tenn.
Reid
able.
passage of the bill.
Davis. S.C.
Jordan
Reuss
Mr. Teague with Mr. Hillis.
The question was taken; and the
Davis. Wis.
Kazen
Rinaldo
Mr. St Germain with Mr. Powell of Ohio.
Speaker announced that the ayes ap-
de la Garza
Kemp
Roberts
Delaney
Ketchum
Robinson, Va.
Mr. Riegle with Mr. Bell.
peared to have it.
Dellenback
King
Robison, N.Y.
Mr. Latta with Mr. Hastings.
Mr. ERLENBORN. Mr. Speaker, I ob-
Dellums
Koch
Rodino
Mr. Rangel with Mrs. Hansen of Wash-
Denholm
Kyros
Rogers
ject to the vote on the ground that a
ington.
Dennis
Lagomarsino
Roncalio, Wyo.
Mr. Roe with Mr. Crane.
quorum is not present and make the
Derwinski
Leggett
Rooney. Pa.
Mr. Jones of Alabama with Mr. Harsha.
Dickinson
Lehman
Rose
point of order that a quorum is not
Dingell
Lent
Rosenthal
Mr. Kastenmeier with Mr. Eshleman.
present.
Donohue
Litton
Rostenkowski
Mr. Karth with Mr. Clancy.
CONGRESSIONAL RECORD-SENATE
40397
airlines by the U.S.
international carriers as well as the rela-
1376) is amended by inserting "(1)" imme-
for the transportation of
tively weak. In other words, U.S.
diately after "(h)". and by adding at the end
mail: The provision
carriers not now experiencing financial
thereof the following new paragraph:
"(2) The Secretary of State and the Post-
to
by our own Govern-
difficulty would receive windfall revenues
master General each shall take all necessary
of
transportation rates to
under the UPU rate which we do not
and appropriate actions to assure that the
a
lower than those paid
believe are justified.
rates paid for the transportation of mail
competitions
airlines.
Accordingly, the Senate Commerce
pursuant to the Universal Postal Union Con-
Aviation Act empowers the
Committee today approved an amend-
vention shall not be higher than fair and
rate to be paid U.S.-flag
ment to S. 3481, as passed by the House.
reasonable rates for such services. The Sec-
transportation of inter-
which would strike the mandatory UPU
retary of State and the Postmaster General
state
loss
The rate being paid
postal rates from the House bill and sub-
shall oppose any present or proposed Uni-
I
versal Postal Union rates which are higher
in
2
are
unchanged since 1968,
stitute a provision similar to the original
than such fair and reasonable rates.
to
per ton-mile despite sub-
Senate bill.
(3) The Civil Aeronautics Board shall act
I
in airline costs and de-
In effect, the committee amendment
Chip
expeditiously on any proposed changes in
country
increases in postal serv-
continues to leave with the CAB the re-
rates for the transportation of mail by air-
Other
international mail.
sponsibility for setting fair and reason-
craft in foreign air transportation In estab-
the
14
Charges
Service, however, pays
able air mail rates at whatever level the
lishing such rates, the Board shall take into
Secretary
board finds appropriate. However, the
consideration rates paid for transportation
BRUN
arrines up to $1.73 per ton-
of mail pursuant to the Universal Postal
of
State
class mail, and 57.7 cents
amendment admonishes the Board in
Union Convention as ratified by the United
the
CAB.
And
for all other classes of mail.
setting such rates that-
States Government, shall take into account
one
the
payment is the maximum
It shall take into consideration rates paid
all of the rate-making elements employed by
elimina's
the
transportation of mail
for transportation of mail pursuant to the
the Universal Postal Union in fixing its
asonable
Unit
periodically by in-
universal postal union convention as rati-.
airmail rates. and shall further consider the
do
anreement of the various na-
fied by the United States Government, shall
competitive disadvantage to U.S. flag air
1
Secretary
take into account all of the rate-making
carriers resulting from foreign air carriers
of
administrations, including
the
Better
elements employed by the Universal Postal
receiving Universal Postal Union rates for the
in the Universal Postal
with
Union in fixing Its airmail rates and shall
carriage of U.S. mail and the national origin
the
by:
According to testimony in
further consider the competitive disadvan-
mail of their own countries."
State
"D
as
foreign flag airline com-
tage to U.S. flag air carriers resulting from
Chrise
from the U.S. Govern-,
foreign air carriers receiving universal
Mr. CANNON. Mr. President. this
foreign
alitable
mail transportation rate
postal union rates for the carriage of U.S.
amendment simply eliminates the re-
landing
In
Da
higher than that paid to
mail and the national origin mail of their
quirement that the UPU be paid for car-
own countries.
riage of foreign mail transportation and
reasury
airlines.
cates
most other nations of the
Mr. President, we think that this is a
requires that that must be a factor taken
the
my
Secretary
their international airlines
fair and equitable amendment and will
into consideration by the Civil Aeronau-
«
internationally agreed upon
result in mail rates that are just and
tics Board in fixing the rates.
payments.
have
the transportation of inter-
reasonable taking into account all car-
The PRESIDING OFFICER. The
treatment
U.S. airlines compete in
riers' costs. including the ever-rising cost
question is on agreeing to the amend-
them
for
of fuel and a reasonable return on in-
ment.
the
cargo markets with these
pay
to
form
at rates that are agreed
vestment. While we are aware that there
Mr. GOLDWATER. Mr. President; I
of
Transporte
airlines and their
has been considerable lobbying of the
have a question of the Senator from
regulations
is
to assure international
Congress by Pan American Airways and
Nevada. Would this have a salutary
effect on Pan American's
mechs
air transport services.
its employees over the UPU postal rate,
the case of mail payments,
we still do not believe that that rate is
Mr. CANNON. Yes. The answer to the
XI
of
justified by the facts. We in the Com-
question is that this would have a salu-
the
Price
source of international
by
merce Committee feel that this bill as
tary effect. The provision that we have
required
such parity does not
to
U.S.
result of this disparity in mail
I have proposed to amend it will be very
requires the Board to act immediately in
arranges
Irr.
helpful in the future in making a better
fixing a temporary rate pending the out-
airlines in 1973, for
come of the mail rate case that is now
or
goods
to
received $68 million less than
competitive climate in the international
The
Comptrens
have if they were reimbursed
area without the need for indirect sub-
under consideration before the Board:
is
author-
Government at the rate paid
sidy from the international arena.
The passage of this bill would result in
to
other
cas
the airlines which compete
I urge my colleagues to support this
an increased payment to Pan Am upon
bill as I have proposed to amend it and
the determination of the fair and reason-
a
showing
USE
international business.
send it back to the House in hopes that
able rate to be paid, which has to be
their
immittee thoroughly considered
that the CAB set international
the House might accept our amendment
determined by the end of this month by
2
of
the
it.
the Civil Aeronautics Board.
for U.S. carriers at a level no
so as to insure final passage and Presi-
If
In addition, it has certain policy mat-
of
the current Universal Postal
dential signature this year.
direct
However. we chose not to do
Now, Mr. President. there was a hold
ters set forth in the bill that. we have
the
already acted on that are going to re-
important reasons. First. we
placed on the bill by both Senators Mc-
rom
the
United
that the UPU postal rate
GEE and PROXMIRE. The amendment that
quire the Department of State and the
level significantly above what
I am offering is satisfactory to them.
Board to get off the dime and try to
controive
carriers to carry the mail. In
The proposed amendment has been ap-
help the U.S. air carriers. to try to pro-
differing
FEEL
hibit discrimination against U.S. air car-
the rate, different costing
proved by the Commerce Committee, as I
riers that is carried on at the present
rates
paid
a
used than those used by the
have stated. as of this morning.
airmsti-
the costs also reflect the rela-
time.
of
Mr. President, I send the amendment
States
to
OF
Mr. GOLDWATER: I thank the Sena-
of short-haul foreign
to the desk and ask that it be stated.
United
The PRESIDING OFFICER. The clerk
tor very much.
rates
paid
IF
Mr. CANNON. Mr. President. I move
and
believe the UPU rate is an
will report.
carriers
that the Senate concur in the House
of
at:
at
for carrying the mail
The assistant legislative clerk read as
amendment, with the amendment that
bill
nations choose to pay their
follows:
&
we have just submitted.
Have
and other air carriers with-
On page 4. strike section 4 in its entirety
the
The PRESIDING OFFICER. The ques-
on
B
realistic costs: While we
and insert in lieu thereof: "Rates for trans-
which
was
Rese
this indirect subsidization
portation of United States mail in foreign
tion is on agreeing to the motion.
or
by
the
competitive advantage to
air transportation.'
The motion was agreed to.
and
Powers
Я
airlines, we do believe
this
The amendment is as follows:
amendment
requires that the United
On page 4, strike section 4 in its entirety
of
a
subsidize its privately
PRIVACY ACT OF 1974
and insert in lieu thereof:
nendment
a
este
Second, if the United
FOR TRANSPORTATION OF UNITED STATES
Mr. ERVIN. Mr. President, I ask the
of
the
Tot
the UPU postal rates to all
MAIL IN FOREIGN AIR TRANSPORTATION
Chair to lay before the Senate a mes-
mends
airlines, the rate in-
SEC. 4. Subsection (h) of section 406 of
sage from the House of Representatives
minate
in
rates
and
40 to the financially healthy
the Federal Aviation Act of 1958 (49 U.S.C.
on S. 3418.
40398
CONGRESSIONAL RECORD-SENATE
The PRESIDING OFFICER laid be-
"(4) the term 'record' means any collec-
five years after the disclosure
fore the Senate the amendments of the
tion or grouping of information about an
accounting is made;
House of Representatives to the bill
individual that is maintained by an agency
"(3) except for disclosures
and that contains his name, or the identify-
(S. 3418) to establish a Privacy Protec-
subsection (b) (6) of this section.
ing number. symbol, or other identifying
tion Commission, to provide manage-
particular assigned to the individual;
accounting made under paragraph
this subsection available to the
ment systems in Federal agencies and
(5) the term 'system of records' means
certain other organizations with respect
a group of any records under the control of
named in the record at his request;
"(4) inform any person or
to the gathering and disclosure of in-
any agency from which information is
about any correction or notation
formation concerning individuals, and
retrieved by the name of the individual or by
made by the agency in accordance Expires
some identifying number, symbol, or other
for other purposes, as follows:
section (d) of this section of any with
identifying particular assigned to the individ-
has been disclosed to the person receive
Strike out all after the enacting clause,
ual: and
within two years preceding -
and insert: That this Act may be cited as
"(6) the term 'statistical research or re-
the "Privacy Act of 1974".
porting record' means a record in a system
the correction of the record individe
ual, except that this paragraph
SEC. 2. (a) The Congress finds that-
of records maintained for statistical research
(1) the privacy of an individual is di-
or reporting purposes only and not used in
apply to any record that was disclosed
to the effective date of this section -
rectly affected by the collection. mainte-
whole or in part in making any determina-
nance, use, and dissemination of personal
tion about an identifiable individual, except
quired.
which no accounting of the disclosure
information by Federal agencies;
as provided by section 8 of title 13.
"(d) ACCESS TO RECORDS
(2) the increasing use of computers and
"(b) CONDITIONS OF DISCLOSURE.- agen-
that maintains a system of records
sophisticated information technology. while
cy shall disclose any record which is con-
tained in a system of records by any means
"(1) upon request by any individual
essential to the efficient operations of the
gain access to his record or to any
Government, has greatly magnified the harm
of communication to any person, or to an-
to individual privacy that can occur from
other agency, except pursuant to a written
tion pertaining to him which is contained
the system. permit him to review the
#
any collection. maintenance. use, or dis-
request by. or with the prior written consent
semination of personal information;
of, the Individual to whom the record per-
and have a copy made of all or any portion securi
thereof in a form comprehensible to
(3) the opportunities for an individual to
tains, unless disclosure of the record would
"(2) permit the individual to
secure employment. insurance, and credit,
be-
amendment of a record pertaining to
and his right to due process, and other legal
"(1) to those officers and employees of
and either-
protections are endangered by the misuse
the agency which maintains the record who
"(A) make any correction of any porting
of certain information systems;
have a need for the record in the perform-
thereof which the individual believes is -
(4) the right to privacy is n personal and
ance of their duties;
accurate, relevant, timely, or complete: or
fundamental right protected by the Consti-
"(2) for a routine use described under sub-
"(B) promptly inform the individual
tution of the United States; and
section (e) (2) (D) of this section;
its refusal to amend the record in accord if
(5) in order to protect the privacy of in-
"(3) to the Bureau of the Census for pur-
ance with his request, the reason for the
dividuals identified in information systems
poses of planning or carrying out a census'or
refusal, the procedures established by -
maintained by Federal agencies. it is neces-
survey or related activity pursuant to the
agency for the individual to request a -
sary and proper for the Congress to regulate
provisions of title 13;
view by the agency of that refusal,
f
the collection. maintenance, use, and dis-
"(4) to a recipient who has provided the
name and business address of the only
semination of information by such agencies.
agency with advance adequate written assur-
within the agency to whom the request Beg
(b) The purpose of this Act is to provide
ance that the record will be used solely as
review may be taken;
certain safeguards for an individual against
a statistical research or reporting record, and
"(3) permit any individual who disagrees
an invasion of personal privacy by requiring
the record is to be transferred in a form that
with the refusal of the agency to amend as
Federal agencies, except as otherwise pro-
is not individually identifiable:
record to request review of the refusal by 18.
vided by law, to-
'(5) to the National Archives of the United
official named in accordance with paragrase
(1) permit an individual to determine
States as a record which has sufficient his-
(2) (B) of this subsection: and if. after 1100
what records pertaining to him are collected.
torical or other value to warrant its con-
review, that official also refuses to amend the
inaintained, used, or disseminated by such
tinued preservation by the United States
record in accordance with the request. per
agencies:
Government, or for evaluation by the Ad-
mit the individual to file with the acency 0
(2) permit an individual to prevent rec-
ministrator of General Services or his desig-
concise statement setting forth the
ords pertaining to him obtained by such
nee to determine whether the record has
for his disagreement with the refusal or the
agencies for a particular purpose from being
agency;
ce
such value:
used or made available for another pur-
"(6). to another agency or to an instru-
(4) in any disclosure, containing Inter>
pose without his consent:
mentality of any governmental jurisdiction
mation about which the individual has
(3) permit an individual to gain access
within or under the control of the United
a statement of disagreement, occurring are
to information pertaining to him in Federal
States for a law enforcement activity if the
the filing of the statement under paragraph
agency records. to have a copy made of all
activity is authorized by law. and if the
(3) of this subsection, clearly note any por
or any portion thereof, and to correct or
head of the agency or instrumentality has
tion of the record which is disputed 454
made a written request to the agency which
upon request, provide copies of the state:
amend such records:
(4) collect, maintain. use, or disseminate
maintains the record specifying the partic-
ment and, If the agency deems it appropriate
any record of identifiable personal informa-
ular portion desired and the law enforcement
copies of a concise statement of the reasons
tion in a manner that assures that such ac-
activity for which the record Is sought:
of the agency for not making the amend.
"(7) to a person who is actively engaged
ments requested. to persons or other agent
tion Is for a necessary and lawful purpose.
in saving the life of such individual, If upon
cies to whom the disputed record has
that the information is current and accurate
for its intended use, and that adequate safe-
such disclosure notification is transmitted
disclosed; and
guards. are provided to prevent misuse of
to the last known address of such individual;
"(5) nothing in this section shall allow
such information:
"(8) to either House of Congress. or. to the
an individual access to any information ecrep
extent of matter within its jurisdiction, any
piled in reasonable anticipation of a
(5) permit exemptions from the require-
ments with respect to records provided in
committee or subcommittee thereof, or any
action or proceeding.
this Act only. in those cases where there Is an
joint committee of Congress or subcommit-
"(e) AGENCY REQUIREMENTS.-
tee of any such joint committee: or
cy that maintains a system of records
important public policy need for such exemp-
tion as has been determined by specific stat-
"(9) pursuant to the order of a court of
competent jurisdiction.
shall- "(1) inform each individual whom " Achi
utory authority; and
(6) be subject to civil suit for any dam-
(c) ACCOUNTING OF CERTAIN DISCLO-
to supply information, on the form when
ages which occur as a result of willful. arbi-
surrs.-Each agency. with respect to each
it uses to collect the information or on
system of, records under its control, shall-
separate form that can be retained by -
trary, or capricious action which violates any
individual's rights under this Act.
"(1) except for disclosures made under
SEC. 3. Title 5, United States Code, is
subsection (b) (1) of this section or dis-
individual- "(A) which Federal statute or regular
amended by adding after section 552 the fol-
closures to the public from records which by
tion, if any, requires disclosure of the
lowing new section:
law or regulation are open to public inspec-
formation: "(B) purpose be
552a. Records maintained on individuals
tion or copying, keep an accurate account-
for which the principal to
"(a) DEFINITIONS.-For purposes of this
ing of-
section-
"(A) the date. nature, and purpose of
"(1) the term 'agency' means agency as
each disclosure of a record to any person or
tion may be used, as published pursuant -
used: "(C) other purposes for which the informa-
defined in section 552(e) of this title:
to another agency made under subsection
to paragraph (2) (D) of this subsection:
"(2) the term 'Individual' means a citizen
(b) of this section; and
of the United States or an alien lawfully ad-
providing all or any part of "the requessed
'(D) the effects on him.
(B) the name and address of the person or
mitted for permanent residence;
agency to whom the disclosure is made:
"(3) the term 'maintain' includes main-
"(2). retain the accounting made under
information: "(2) subject to the provisions of to parts as
tain, collect, use, or disseminate;
paragraph (1) of this subsection for at least
graph (5) of this subsection, publish
December 17, 1974
CONGRESSIONAL RECORD-SENATE
40399
Federal Register at least annually a notice
record. excluding the cost of any search for
ords which contain individually identifiable
of the existence and character of the sys-
and review of the record.
information the disclosure of which is pro-
tem of records, which notice shall Include-
The Office of the Federal Register shall an-
hibited by this section or by rules or regu-
the
(A) the name and location of the sys-
nually compile and publish the rules pro-
lations established thereunder, and who
tem:
mulgated under this subsection and agency
knowing that disclosure of the specific ma-
dual
(B) the categories of individuals on
notices published under subsection (e) (2)
terial is so prohibited. willfully discloses the
hom records are maintained in the system;
of this section in a form available to the
material in any manner to any person or
ency
(C) the categories of records maintained
public at low cost.
agency not entitled to receive it, shall be
pute
111 the system:
"(g) (1) CIVIL REMEDIES.-Whenever any
fined not more than $5,000.
sub-
(D) each routine purpose for which the
agency (A) refuses to comply with an indi-
"(2) Any person who knowingly and will-
that
records contained in the system are used
vidual request under subsection (d) (1) of
fully requests or obtains any record concern-
ency
or intended to be used, including the cate-
this section, (B) fails to maintain any record
Ing an individual from an agency under false
g of
gories of users of the records for each such
concerning any individual with such accu-
pretenses shall be fined not more than
purpose;
racy, relevance, timellness, and completeness
$5,000.
not
"(E) the policies and practices of the
as is necessary to assure fairness in any de-
"(j) GENERAL EXEMPTIONS-The head of
agency regarding storage, retrievability.
termination relating to the qualifications,
any agency may promulgate rules, in accord-
for
access controls, retention, and disposal of
character. rights. or opportunities of, or ben-
ance with the requirements (Including gen-
re-
the records;
efits to the individual that may be made on
eral notice) of section 553 of this title. to
(F) the title and business address of
the basis of records and consequently a de-
exempt any system of records within the
ncy
the agency official who is responsible for
termination is made which is adverse to the
agency from any part of this section except
the system of records;
Individual, or (C) fails to comply with any
subsections (b) and (e) (2) (A) through (F)
to
"(G) the agency procedures whereby an
other provision of this section, or any rule
and (1) if the system of records Is-
ma-
Individual can be notified at his request if
promulgated thereunder, in such a way as
"(1) maintained by the Central Intelli-
1 in
the system of records contains a record
to have an adverse effect on an individual,
gence Agency: or
:ord
pertaining to him: and
the individual may bring a civil action
"(2) maintained by an agency or compo-
:ion
(H) the agency procedures whereby an in-
against the agency, and the district courts of
nent thereof which performs as its principal
1;
dividual can be notified at his request how
the United States shall have jurisdiction in
function any activity pertaining to the en-
1est
he can gain access to any record pertaining
the matters under the provisions of this sub-
forcement of criminal laws, including police
ilm
to him contained in the system of records,
section.
efforts to prevent. control. or reduce crime
and how he can contest its content;
"(2) (A) In any suit brought under the
or to apprehend criminals, and the activities
ion
"(3) maintain all records which are used
provisions of subsection (g) (1) (A) of this
of prosecutors, courts. correctional. proba-
not
by the agency in making any determination
section, the court may enjoin the agency
tion, pardon, or parole authorities. and
r
about any individual with such accuracy,
from withholding the records and order the
which consists of (A) information com-
of
relevance, timeliness, and completeness as is
production to the complainant of any agency
piled for the purpose of identifying individ-
rd-
reasonably necessary to assure fairness to
records improperly withheld from him. In
ual criminal offenders and alleged offenders
the
the individual in the determination:
such a case the court shall determine the
and consisting only of identifying data and
the
"(4) maintain no record concerning the
matter de novo, and may examine the con-
notations of arrests, the nature and disposi-
re-
political or religious belief or activity of any
the
tents of any agency records in camera to de-
tion of criminal charges. sentencing. con-
individual, unless expressly authorized by
termine whether the records or any portion
finement, release, and parole and probation
:ial
statute or by the individual about whom
thereof may be withheld under any of the ex-
status; (B) information compiled for the
for
the record is maintained: Provided, however,
emptions set forth in subsection (k) of this
purpose of a criminal investigation, Includ-
That the provisions of this paragraph shall
section, and the burden is on the agency to
ing reports of Informants and investigators,
ees
not be deemed to prohibit the maintenance
his
sustain its action.
and associated with an identifiable individ-
of any record of activity which is pertinent
"(B) The court may assess against the
ual: or (C) reports identifiable to an in-
the
to and within the scope of a duly authorized
United States reasonable attorney fees and
dividual compiled at any stage of the proc-
ph
law enforcement activity; and
he
other litigation costs reasonably incurred in
ess of enforcement of the criminal laws from
"(5) at least 30 days prior to publication
any case under this paragraph in which the
arrest or indictment through release from
he
of information under paragraph (2) (D) of
complainant has substantially prevailed.
supervision.
this subsection published in the Federal
"(3) In any suit brought under the provi-
"(k) SPECIFIC EXEMPTIONS.-The head of
a
Register notice of the use or intended use of
ns
sions of subsection (g) (1) (B) or (C) of this
any agency may promulgate rules, in accord-
the information in the system, and provide
section in which the court determines that
ance with the requirements (Including gen-
he
an opportunity for interested persons to sub-
the agency acted in a manner which was will-
eral notice) of section 553 of this title, to
mit written data, views, or arguments to the
ful, arbitrary, or capricious, the United
exempt any system of records within the
agency.
ed
States shall be liable to the individual in an
agency from subsections (c) (3). (d). (e) (1),
"(f) AGENCY RULES.-In order to carry out
amount equal to the sum of-
(e) (2) (G) and (H). and (f) of this section
er
the provisions of this section, each agency
if the system of records is-
h
"(A) actual damages sustained by the in-
that maintains a system of records shall
dividual as a result of the refusal or failure;
"(1) subject to the provisions of section
promulgate rules, in accordance with the re-
552(b) (1) of this title:
d,
and
quirements (including general notice) of
(B) the costs of the action together with
"(2) investigatory material compiled for
e-
section 553 of this title, which shall-
reasonable attorney fees as determined by
law enforcement purposes, other the
e,
"(1) establish procedures whereby an In-
18
the court.
terial within the scope of subsection
dividual can be notified in response to his re-
of this section: Provided, however.
1-
"(4) An action to enforce any liability
quest if any system of records named by the
any individual is denied any right, pr
1-
created under this section may be brought in
individual contains a record pertaining to
or benefit that he would otherwise be e
the district court of the United States in the
him;
by Federal law. or for which he would
district in which the complainant resides, or
"(2) define reasonable times. places, and
wise be eligible, as a result of the I
W
has his principal place of business, or in
requirements for identifying an individual
nance of such material, such materi:
which the agency records are situated, or in
who requests his record or information per-
be provided to such individual. except
11
taining to him before the agency shall make
the District of Columbia, without regard to
extent that the disclosure of such
the record or information available to the
the amount in controversy. within two years
would reveal the identity of a source who
from the date on which the cause of action
individual:
furnished information to the Government
Is
arises. except that where an agency has ma-
"(3) establish procedures for the disclosure
under an express promise that the identity
terially and willfully misrepresented any in-
to an individual upon his request of his
of the source would be held in confidence,
S
formation required under this section to be
record or information pertaining to him,
or, prior to the effective date of this section:
h
disclosed to an individual and the informa-
including special procedure, If deemed neces-
under an implied promise that the identity
a
tion so misrepresented is material to the
sary. for the disclosure to an individual of
of the source would be held in confidence;
e
establishment of the liability of the agency
medical records, including psychological rec-
"(3) maintained in connection with pro-
I
to the individual under this section, the
ords, pertaining to him;
viding protective services to the President of
action may be bought at any time within
"(4) establish procedures for reviewing a
the United States or other individuals pur-
two years after discovery by the individual of
request from an individual concerning the
suant to section 3056 of title 18;
the misrepresentation.
amendment of any record or information per-
"(4) required by statute to be maintained
S
"(h) RIGHTS OF LEGAL GUARDIANS.-For the
taining to the individual, for making a de-
and used solely as statistical research or re-
e
purposes of this section, the parent of any
termination on the request, for an appeal
porting records;
minor. or the legal guardian of any individ-
within the agency of an initial adverse
"(5) investigatory material complied solely
ual who has been declared to be incompetent
agency determination, and for whatever addi-
for the purpose of determining suitability,
due to physical or mental incapacity or age
eligibility, or qualifications for Federal civil-
tional means the head of the agency may
by a court of competent jurisdiction, may
ian employment, military service, Federal
deem necessary for each individual to be able
act on behalf of the individual.
contracts, or access to classified information.
to exercise fully his rights under this section;
"(1) (1) CRIMINAL PENALTIES.-Any officer
but only to the extent that the disclosure of
and
or employee of the United States, who by
such material would reveal the identity of
"(5) establish fees to be charged, if any,
virtue of his employment or official position,
a source who furnished information to the
to any individual for making copies of his
has possession of, or access to, agency rec-
Government under an express promise that
40400
CONGRESSIONAL RECORD-SENATE
December 17, 1971
the identity of the source would be held in
application of this section under the provi-
with the private sector and we also elim
confidence, or, prior to the effective date of
sions of subsections (j) and (k) of this
this section. under an implied promise that
section during the preceding calendar year,
inated some of the provisions dealing
with law enforcement agencies.
the identity of the source would be held in
and the reasons for the exemptions, and such
confidence:
other information as indicates efforts to ad-
Now, Mr. President. on behalf of
the
"(6) testing or examination material used
minister fully this section.".
original cosponsors of the Senate bill
solely to determine individual qualifications
SEC. 4. The chapter analysis of chapter 5
and myself, I make this motion.
for appointment or promotion in the Federal
of title 5, United States Code, is amended by
Mr. President, I move that the Senate
service the disclosure of which would com-
inserting:
agree to the engrossed amendments of
promise the objectivity or fairness of the
"552a. Records abcut individuals."
the House to the bill (S. 3418) to estable
testing or examination process: or
immediately below:
'(7) evaluation material used to deter-
lish a Privacy Protection Commission, to
mine potential for promotion in the armed
"552. Public information: agency rules, opin-
provide management systems in Federal
services, but only to the extent that the
ions, orders, and proceedings
agencies and certain other organiza.
disclosure of such material. would reveal
SEC. 5. The amendments made by this Act
tions with respect to the gathering and
the identity of a source who furnished in-
shall become effective on the one hundred
disclosure of information concerning in-
formation to the Government under an ex-
and eightleth day following the date of en-
press promise that the identity of the source
actment of this Act.
dividuals, and for other purposes, with
Amend the title so as to read: "An act
the following amendments to such en-
would be held in confidence. or, prior to
to amend title 5, United States Code, by
grossed amendments:
the effective date of this section, under an
implied promise that the identity of the
adding a section 552a to safeguard in-
In lieu of the matter proposed to be
source would be held in confidence.
dividual privacy from the misuse of Fed-
inserted by the House to the text of the
'(1) (1) ARCHIVAL RECORDS.-Each agency
eral records and to provide that indi-
bill, insert the following amendment
record which is accepted by the Administra-
which I now send to the desk.
tor of General Services for storage. process-
viduals be granted access to records con-
ing, and servicing in accordance with sec-
cerning them which are maintained by
The PRESIDING OFFICER. The
amendment will be stated.
tion 3103 of title 44 shall, for the purposes
Federal agencies."
of this section. be considered to be main-
Mr. ERVIN. Mr. President, on Novem-
The assistant legislative clerk pro-
ceeded to read the amendment.
tained by the agency which deposited the
ber 21, just before the Thanksgiving re-
record and shall be subject to the provisions
cess, both the Senate and the House
Mr. ERVIN. Mr. President, I ask
of this section. The Administrator of Gen-
adopted in different forms
unanimous consent that further reading
eral Services shall not disclose the record
The PRESIDING OFFICER. Will the
of the amendment be dispensed with.
except to the agency which maintains the
Senator suspend briefly until the Chair
The PRESIDING OFFICER. Without
record, or under rules established by that
objection, it is so ordered.
agency which are not inconsistent with the
gets order in the Senate.
The amendment is as follows:
provisions of this section.
I would like to ask the Members of the
"(2) Each agency record pertaining to an
Senate to please bring order to the
In lieu of the matter proposed to be
identifiable individual which was transferred
Chamber because the Senator from
inserted by the House to the text of the
to the National Archives of the United
North Carolina is entitled to be heard
bill, insert the following:
States as a record which has sufficient his-
and he cannot be heard. Would those
That this Act may be cited as the "Privacy
torical or other value to warrant its con-
Act of 1974".
members conversing please remove
tinued preservation by the United States
SEC. 2. (a) The Congress finds that-
Government, prior to the effective date of
themselves to the cloakroom.
(1) the privacy of an individual is directly
this section, shall, for the purposes of this
The Senator will continue to suspend
affected by the collection, maintenance, use,
section, be considered to be maintained by
until there is order in the Chamber.
and dissemination of personal information
the National Archives and shall not be sub-
The Senator may proceed.
by Federal agencies;
ject to the provisions of this section.
Mr. ERVIN. On November 21, just be-
(2) the increasing use of computers and
"(3) Each agency record pertaining to
fore the Thanksgiving recess, both the
sophisticated information technology, while
an identifiable individual which is trans-
Senate and the House passed in differ-
essential to the efficient operations of the
ferred to the National Archives of the
United States as a record which has suffi-
ent forms) Federal privacy. legislation.
Government, has greatly magnified the harm
to individual privacy that can occur from
cient historical or other value to warrant
Because of the limited amount of time
any collection, maintenance, use, or dissemi-
its continued preservation by the United
available between the time of the recon-
nation of personal information;
States Government, on or after the effec-
vening of Congress after the recess and
(3) the opportunities for an individual to
tive date of this section, shall, for the pur-
the end of the session of Congress mein-
secure employment, insurance, and credit,
poses of this section, be considered to be
bers of the Government Operations
and his right to due process, and other legal
maintained by the National Archives and
Committee of the Senate and the House
protections are endangered by the misuse
shall be subject to all provisions of this
agreed that they would have the different
of certain information systems;
section except subsections (c) (4); (d) (2),
(4) the right to privacy is a personal and
(3), and (4); (e) (1). (2) (H) and (3);
versions studied by their respective staffs
fundamental right protected by the Consti-
(f) (4); (g) (1) (B) and (C), and (3).
during the recess.
tution of the United States; and
(m) (1) MORATORIUM ON THE USE. OF THE
After the recess the members of the
(5) in order to protect the privacy of in-
SOCIAL SECURITY ACCOUNT NUMBER.-No Fed-
staffs who had made this study reported
dividuals identified in information systems
eral agency, or any State or local govern-
to the members of the two committees,
maintained by Federal agencies, it is neces-
ment acting in compliance with any Fed-
and after that the members of the two
sary and proper for the Congress to regulate.
eral law or federally assisted program, shall
committees met informally and agreed
the collection, maintenance, use, and dis-
deny any individual any right, benefit, or
privilege provided by law by reason of such
on the amendments that I will offer in
semination of information by such agencies.
(b) The purpose of this Act is to provide
individual's refusal to disclose his social se-
behalf of all the original cosponsors of
certain safeguards for an individual against
curity account number.
the privacy bill.
an invasion of personal privacy by requiring
"(2) This subsection shall not apply-
We thought this was a better way of
Federal agencies, except as otherwise pro-
"(A) with respect to any system of rec-
doing it without having a conference and
vided by law, to-
ords in existence and operating prior to
I have been assured by the members of
(1) permit an individual to determine
January 1, 1975: and
the House Government Operations
what records pertaining to him are collected,
'(B) when disclosure of a social security
Committee interested in privacy legisla-
maintained, used, or disseminated by such
account number is required by Federal law.
agencies;
"(3) No Federal agency, or any State or
tion, that the House will accept these
(2) permit an individual to prevent records
local government acting in compliance with
amendments which I propose on behalf
pertaining to him obtained ~y such agencies
any Federal law or federally assisted program,
of myself and all of the original co-
for a particular purpose from being used or
shall use the social security account number
sponsors of the bill.
made available for another purpose without
for any purpose other than for verification
The main differences between the two
his consent;
of the identity of an individual unless such
versions which are reconciled here was
(3) permit an individual to gain access
other purpose is specifically authorized by
that instead of establishing a privacy
to information pertaining to him in Federal
Federal law.
board, as the Senate bill did, that we
agency records, to have a copy made of all or
"(n) ANNUAL REPORT.-The President shall
any portion thereof, and to correct or amend
submit to the Speaker of the House and the
will have a privacy study commission to
such records:
President of the Senate. by June 30 of each
study the subject and report back to the
(4) collect, maintain, use or disseminate
calendar year, a consolidated report, sep-
President, to the Senate, and to the
any record of identifiable personal informa-
House.
tion in a manner that assures that such
arately listing for each Federal agency the
number of records contained in any system
We also eliminated, in deference to
action is for a necessary and lawful purpose.
that the information is current and accurate
of records which were exempted from the
the House, provisions of the bill dealing
for its intended use, and that adequate safe-
1971
December
17,
1974
CONGRESSIONAL RECORD-SENATE
40401
prevent misuse of
mentality of any governmental jurisdiction
record to request a review of such reft
within or under the control of the United
and not later than 30 days (excluding Satur-
dealing
(5) from the require-
States for a civil or criminal law enforce-
days, Sundays, and legal public holidays)
ments with respect to records provided in
ment activity if the activity is authorized by
from the date on which the individual re-
this Act only in those cases where there is
law, and if the head of the agency or instru-
quests such review, complete such review
bill
important public policy need for such ex-
mentality has made a written request to the
and make a final determination unless, for
emption an as has been determined by specific
agency which maintains the record specify-
good cause shown, the head of the agency
Senate
statutory authority: and
Ing the particular portion desired and the
extends such 30-day period; and if, after
(6) be subject to civil suit for any dam-
law enforcement activity for which the
his review, the reviewing official also refuses
of
which occur as a result of willful or in-
record is sought;
to amend the record in accordance with the
ages ternational action which violates any indivi-
"(8) to a person pursuant to a showing of
request, permit the individual to file with
to
dual's rights under this Act.
compelling circumstances affecting the
the agency a concise statement setting forth
SEC. 3. Title 5, United States Code, is
health or safety of an individual if upon such
the reasons for his disagreement with the
amended by adding after section 552 the fol-
disclosure notification is transmitted to the
refusal of the agency, and notify the indi-
and
lowing new section:
last known address of such individual;
vidual of the provisions for judicial review of
in-
552a. Records maintained on individuals
"(9) to either House of Congress, or, to
the reviewing official's determination under
with
the extent of matter within its jurisdiction,
subsection (g) (1) (A) of this section;
"(a) DEFINITIONS.-For purposes of this
any committee or subcommittee thereof, any
"(4) in any disclosure, containing informa-
en-
section-
"(1) the term 'agency' means agency as
joint committee of Congress or subcommit-
tion about which the individual has filed
defined in section 552(e) of this title;
tee of any such joint committee;
a statement of disagreement, occurring after
to
be
the
"(2) the term 'Individual' means a citizen
"(10) to the Comptroller General, or any
the filing of the statement under paragraph
of the United States or an alien lawfully ad-
of his authorized representatives, in the
(3) of this subsection, clearly note any por-
course of the performance of the duties of
tion of the record which is disputed and
mitted for permanent residence;
the General Accounting Office: or
provide copies of the statement and, if the
The
"(3) the term 'maintain' includes main-
tain. collect, use, or disseminate;
"(11) pursuant to the order of a court of
agency deems it appropriate, copies of a con-
"(4) the term 'record' means any item,
competent jurisdiction.
cise statement of the reasons of the agency
"(c) ACCOUNTING OF CERTAIN DISCLO-
for not making the amendments requested,
collection, or grouping of information about
SURES.-Each agency, with respect to each
to persons or other agencies to whom the dis-
an individual that is maintained by an
system of records under its control, shall-
puted record has been disclosed; and
agency. including. but not limited to, his
education, financial transactions, medical
"(1) except for disclosures made under
"(5) nothing in this section shall allow an
history. and criminal or employment history
subsections (b) (1) or (b) (2) of this sec-
Individual access to any information com-
and that contains his name, or the identi-
tion, keep an accurate accounting of-
piled in reasonable anticipation of a civil
"(A) the date, nature, and purpose of
action or proceeding.
fying number. symbol, or other identifying
particular assigned to the individual, such
each disclosure of a record to any person or
"(e) AGENCY REQUIREMENTS.-Each agency
to another agency made under subsection
that maintains a system of records shall-
as a finger or voice print or a photograph;
be
"(5) the term 'system of records' means a
(b) of this section: and
"(1) maintain in its records only such in-
the
group of any records under the control of
"(B) the name and address of the person
formation about an individual as is relevant
any agency from which information is
or agency to whom the disclosure is made;
and necessary to accomplish a purpose of the
"(2) retain the accounting made under
agency required to. be accomplished by
retrieved by the name of the individual or
by some identifying number, symbol, or other
paragraph (1) of this subsection for at
statute or by executive order of the
identifying particular assigned to the in-
least five years or the life of the record,
President;
dividual;
whichever is longer. after the disclosure for
"(2) collect information to the greatest
which the accounting is made:
extent practicable directly from the subject
"(6) the term 'statistical record' means a
record in a system of records maintained for
"(3) except for disclosures made under
individual when the information may result
subsection (b) (7) of this section. make the
in adverse determinations about an individ-
statisical research or reporting purposes only
and not used in whole or in part in making
accounting made under paragraph (1) of
ual's rights, benefits, and privileges under
any determination about an identifiable in-
this subsection available to the individual
Federal programs;
the
dividual, except as provided by section 8
named in the record at his request: and
"(3) inform each individual whom it asks
of title 13.
"(4) inform any person or other agency
to supply information, on the form which
"(7) the term 'routine use' means, with
about any correction or notation of dis-
it uses to collect the information or on a
pute made by the agency in accordance with
separate form that can be retained by the
respect to the disclosure of a record, the use
subsection (d) of this section of any record
individual-
of such record for a purpose which is com-
to
patible with the purpose for which it was
that has been disclosed to the person or
"(A) the authority (whether granted by
collected.
agency if any accounting of the disclosure
statute, or by executive order of the Presi-
dent) which authorizes the solicitation of
"(b) CONDITIONS OF DISCLOSURE.-No
was made.
agency shall disclose any record which is con-
"(d) ACCESS TO RECORDS.-Each agency
the information and whether disclosure of
tained in a system of records by any means
that maintains a system of records shall-
such information is mandatory or voluntary:
of communication to any person, or to an-
"(1) upon request by any individual to
"(B) the principal purpose or purposes for
gain access to his record or to any informa-
which the information is intended to be
other agency, except pursuant to a written
request by, or with the prior written consent
tion pertaining to him which is contained
used:
of, the individual to whom the record per-
in the system. permit him and upon his re-
"(C) the routine uses which may be made
tains, unless disclosure of the record would
quest, a person of his own choosing to ac-
of the information, as published pursuant
be-
company him, to review the record and have
to paragraph (4) (D) of this subsection; and
"(1) to those officers and employees of the
a copy made of all or any portion thereof
"(D) the effects on him, if any. of not pro-
agency which maintains the record who have
in a form comprehensible to him. except that
viding all or any part of the requested in-
a need for the record in the performance of
the agency may require the individual to
formation:
their duties;
furnish a written statement authorizing dis-
"(4) subject to the provisions of para-
"(2) required under section 552 of this
cussion of that individual's record in the
graph (11) of this subsection, publish in the
accompanying person's presence;
Federal Register at least annually a notice
title;
"(3) for a routine use as defined in subsec-
"(2) permit the individual to request
of the existence and character of the system
tion (a) (7) of this section and described un-
amendment of a record pertaining to him
of records, which notice shall include-
der subsection (e) (4) (D) of this section:
and-
"(A) the name and location of the system:
"(4) to the Bureau of the Census for pur-
"(A) not later than 10 days (excluding
'(B) the categories of individuals on whom
poses of planning or carrying out a census or
Saturdays, Sundays, and legal public holi-
records are maintained in the system:
survey or related activity pursuant to the
days) after the date of receipt of such re-
"(C) the categories of records maintained
quest, acknowledge in writing such receipt;
in the system:
provisions of title 13;
and
"(D) each routine use of the records con-
"(5) to a recipient who has provided the
agency with advance adequate written assur-
"(B) promptly. either-
tained in the system, including the cate-
ance that the record will be used solely as a
"(1) make any correction of any portion
gories of users and the purpose of such use:
statistical research or reporting record, and
thereof which the individual believes is not
"(E) the policies and practices of the
the record is to be transferred in a form that
accurate. relevant. timely, or complete; or
agency regarding storage. retrievability. ac-
is not individually identifiable;
"(11) inform the individual of its refusal
cess controls, retention, and disposal of the
"(6) to the National Archives of the United
to amend the record in accordance with his
records;
States as a record which has sufficient his-
request, the reason for the refusal, the pro-
"(F) the title and business address of the
torical or other value to warrant its con-
cedures established by the agency for the in-
agency official who is responsible for the
tinued preservation by the United States
dividual to request a review of that refusal
system of records;
Government, or for evaluation by the Admin-
by the head of the agency or an officer desig-
"(G) the agency procedures whereby an
istrator of General Services or his designee
nated by the head of the agency, and the
individual can be notified at his request if
to determine whether the record has such
name and business address of that official;
the system of records contains a record
value;
"(3) permit the individual who disagrees
taining to him:
'(7) to another agency or to an instru-
with the refusal of the agency to amend his
"(H) the agency procedures whereby an in-
40402
CONGRESSIONAL RECORD-SENATE
December
dividual can be notified at his request how
to any individual for making copies of his
to the amount in controversy;
within
he can gain access to any record pertaining
record, excluding the cost of any search for
year from the date on which the
to him contained in the system of records,
and review of the record.
action arises, except that where an
and how he can contest its content; and
The Office of the Federal Register shall an-
has materially and willfully misrepre agency
"(I) the categories of sources of records in
nually compile and publish the rules promul-
any information required under this
the system:
gated under this subsection and agency
to be disclosed to an individual and
the
"(5) maintain all records which are used
notices published under subsection (e) (4)
formation so misrepresented is material
by the agency in making any determination
of this section in a form available to the
the establishment of the liability of the to
about any individual with such accuracy,
public at low cost.
agency to the individual under this section
relevance, timeliness, and completeness as is
"(g) (1) CIVIL REMEDIES.-Whenever any
the action may be bought at any time within
reasonably necessary to assure fairness to the
agency
two years. after discovery by the individual
individual in the determination;
(A) makes a determination under sub-
of the misrepresentation. Nothing in this
"(6) prior to disseminating any record
section (d) (3) of this section not to amend
section shall be construed to authorize
about an individual to any person other than
an individual's record in accordance with
civil action by reason of any injury sustained any
an agency, make reasonable efforts to assure
his request, or fails to make such review in
as the result of a disclosure of a record prior
that such records are accurate, complete,
conformity with that subsection;
to the effective date of this section
"(B) refuses to comply with an individual
"(h) RIGHTS OF LEGAL GUARDIANS For
timely, and relevant:
the
"(7) maintain no record describing how
request under subsection (d) (1) of this
purposes of the section, the parent of any
any individual exercises rights guaranteed
section;
minor, or the legal guardian of any indi
by the first amendment unless expressly
"(C) fails to maintain any record con-
vidual who has been declared to be incom
authorized by statute or by the individual
cerning any individual with such accuracy,
petent due to physical or mental incapacity
about whom the record is maintained or un-
relevance. timeliness, and completeness as is
or age by a court of competent jurisdiction
less pertinent to and within the scope of an
necessary to assure fairness in my deter-
may act on behalf of the individual.
mination relating to the qualifications, char-
"(1) (1) CRIMINAL PENALTIES.-Any officer
authorized law enforcement activity;
"(8) make reasonable efforts to serve no-
acter, rights, or opportunities of, or bene-
or employee of an agency, who by virtue of
tice on an individual when any record on
fits to the individual that may be made on
his employment or official position, has pos-
the basis of such record, and consequently
session of, or access to, agency records which
such individual is made available to any per-
son under compulsory legal process when
a determination is made which is adverse
contain individually identifiable information
such process becomes a matter of public
to the individual; or
the disclosure of which is prohibited by this
"(D) fails to comply with any other pro-
section or by rules or regulations established
record;
vision of this section, or any rule promul-
thereunder, and who knowing that disclosure
"(9) establish rules of conduct for per-
gated thereunder, in such a way as to have
of the specific material is so prohibited, will-
sons involved in the design, development,
operation. or maintenance of any system of
an adverse effect on an individual,
fully discloses the material in any manner
records. or in maintaining any record, and
the individual may bring a civil action
to any person or agency not entitled to
ceive it, shall be guilty of a misdemeanor
instruct each such person with respect to
against the agency, and the district courts
and fined not more than $5,000.
such rules and the requirements of this sec-
of the United States shall have jurisdiction
tion, including any other rules and proce-
in this matters under the provisions of this
"(2) Any officer or employee of any agency
who willfully maintains a system of records
dures adopted pursuant to this section and
subsection.
without meeting the notice requirements of
the penalties for noncompliance;
"(2) (A) In any suit brought under the
subsection (e) (4) of this section shall be
"(10) establish appropriate administrative,
provisions of subsection (g) (1) (A) of this
guilty of a misdemeanor and fined not more
technical, and physical safeguards to insure
section, the court may order the agency
than $5,000.
the security and confidentiality of records
to amend the individual's record in accord-
"(3) Any person who knowingly and will-
and to protect against any anticipated
ance with his request or in such other way
fully requests or obtains any record concern-
threats or hazards to their security or in-
as the court may direct. In such a case the
ing an individual from an agency under false
tegrity which could result in substantial
court shall determine the matter de novo:
pretenses shall be guilty of a misdemeanor
harm. embarassment, inconvenience, or un-
"(B) The court may assess against the
and fined not more than $5,000.
added
fairness to any individual on whom infor-
United States reasonable attorney fees and
"(j) GENERAL EXEMPTIONS.-The head of
mation is maintained; and
other litigation costs reasonably incurred in
any agency may promulgate rules, in accord-
"(11) at least 30 days prior to publication
any case under this paragraph in which the
ance with with the requirements (includ-
of information under paragraph (4) (D) of
complainant has substantially prevailed.
ing general notice) of sections 553 (b) (1),
this subsection. publish in the Federal Reg-
"(3) (A) In any suit brought under the
(2). and (3), (c), and (e) of this title, to
ister notice of any new use or intended use
provisions of subsection (g) (1) (B) of this
exempt any system of records within the
of the information in the system, and pro-
section, the court may enjoin the agency
agency from any part of this section except
vide an opportunity for interested persons
from withholding the records and order the
subsections (b), (c) (1), (2), and (4).
to submit written data, views, or arguments
production to the complainant of any
(e) (4) (A) through (F) (e) (6), (7), (9), (10),
to the agency.
agency records improperly withheld from
and (11), and (1) if the system of records
"(f) AGENCY RULES.-In order to carry out
him. In such a case the court shall deter-
19-
the provisions of this section. each agency
mine the matter de novo, and may examine
"(1) maintained by the Central Intelli-
that maintains a system of records shall
the contents of any agency records in camera
gence Agency; or
promulgate rules, in accordance with the
to determine whether the records or any por-
"(2) maintained by an agency or compo-
requirements (including general notice) of
tion thereof may be withheld under any of
nent thereof which performs as its principal
section 553 of this title, which shall-
the exemptions set forth in subsection (k)
function any activity pertaining to the en-
"(1) establish procedures whereby an in-
of this section, and the burden is on the
forcement of criminal laws, including police
dividual can be notified in response to his
agency to sustain its action.
efforts to prevent, control, or reduce crime
request if any system of records named by
"(B) The court may assess agains the
or to apprehend criminals, and the activities
the individual contains a record pertaining
United States reasonable attorney fees and
of prosecutors, courts, correctional, proba-
to him;
other litigation costs reasonably incurred in
tion, pardon, or parole authorities. and which
"(2) define reasonable times, places, and
any case under this paragraph in which
consists of (A) information compiled for the
requirements for identifying an individual
the complainant has substantially prevailed.
purpose of identifying individual criminal
who requests his record or information per-
"(4) In any suit brought under the pro-
offenders and alleged offenders and consist-
taining to him before the agency shall make
visions of subsection (g) (1) (C) or (D) of
ing only of identifying data and notations of
the record or information available to the
this section in which the court determines
arrests, the nature and disposition of crimi-
individual:
that the agency acted in a manner which
nal charges, sentencing, confinement, release,
"(3) establish procedures for the disclosure
was intentional or willful, the United States
and parole and probation status; (B) infor-
to an individual upon his request of his rec-
shall be liable to the individual in an amount
mation compiled for the purpose of a crimi-
ord or information pertaining to him, includ-
equal to the sum of-
nal investigation, including reports of in-
ing special procedure, if deemed necessary,
"(A) actual damages sustained by the in-
formants and investigators, and associated
for the disclosure to an individual of medical
dividual as a result of the refusal or failure,
with an identifiable individual; or (C) re-
records, including psychological records, per-
but in no case shall a person entitled to
ports identifiable to an individual compiled
taining to him:
recovery receive less than the sum of $1,000;
at any stage of the process of enforcement of
(4) establish procedures for reviewing a
and
the criminal laws from arrest or indictment
request from an individual concerning the
"(B) the costs of the action together with
through release from supervision.
amendment of any record or information
reasonable attorney fees as determined by
At the time rules are adopted under this sub-
pertaining to the individual, for making a
the court.
section, the agency shall include in the state-
determination on the request, for an appeal
"(5) An action to enforce any liability
ment required under section 553(c) of this
within the agency of an initial adverse
created under this section may be brought
title, the reasons why the system of records
agency determination. and for whatever ad-
in the district court of the United States in
is to be exempted from a provision of this
ditional means may be necessary for each
the district in which the complainant resides,
section.
individual to be able to exercise fully his
or has his principal place of business, or
"(k) SPECIFIC EXEMPTIONS-The head of
rights under this section: and
in which the agency records are situated, or
any agency may promulgate rules, in accord-
"(5) establish fees to be charged, if any,
in the District of Columbia, without regard
ance with the requirements (including gen-
December 17, 1974
CONGRESSIONAL RECORD-SENATE
40403
Archives and shall not be subject to the pro-
from among persons who, by reason of their
two
era notice) of sections 553(b) (1), (2) and
(3) (c). and (e) of this title. to exempt any
visions of this section, except that a state-
knowledge and expertise in any of the follow-
of
ment generally describing such records
ing areas-civil rights and liberties, law.
system of records within the agency from
subsections (c) (3), (d). (e) (1), (e) (4) (G),
(modeled after the requirements relating to
social sciences, computer technology. busi-
(H). and (I), and (f) of this section if the
records subject to subsections (a) (4) (A)
ness, records management, and State and
in-
system of records is-
through (G) of this section) shall be pub-
local government-are well qualified for serv-
:ished in the Federal Register.
ice on the Commission.
to
"(1) subject to the provisions of section
the
"(3) Each agency record pertaining to an
(2) The members of the Commission shall
(1) of this title;
(2) investigatory material compiled for
identifiable individual which is transferred
elect a Chairman from among themselves.
law enforcement purposes, other than mate-
to the National Archives of the United States
(3) Any vacancy in the membership of
as a record which has sufficient historical
the Commission, as long as there are four
rial within the scope of subsection (j) (2) of
this
this section: Provided, however, That if any
or other value to warrant its continued pres-
members in office, shall not impair the
individual Is denied any right, privilege, or
ervation by the United States Government,
power of the Commission but shall be filled
any
on or after the effective date of this section,
in the same manner in which the original
benefit that he would otherwise be entitled
shall, for the purposes of this section, be
appointment was made.
by Federal law. or for which he would other-
wise be eligible, as a result of the mainte-
considered to be maintained by the National
(4) A quorum of the Commission shall
the
nance of such material. such material shall
Archives and shall be exempt from the re-
consist of a majority of the members, except
quirements of this section except subsections
that the Commission may establish a lower
any
be provided to such individual, except to the
(e) (4) (A) through (G) and (e) (9) of this
number ac a quorum for the purpose of
extent that the disclosure of such material
taking testimony. The Commission is au-
would reveal the identity of a source who fur-
section.
thorized to establish such committees and
nished information to the Government under
"(m) GOVERNMENT CONTRACTORS-When
an express promise that the identity of the
an agency provides by a contract for the
delegate such authority to them as may be
operation by or on behalf of the agency of a
necessary to carry out its functions. Each
source would be held in confidence, or, prior
member of the Commission, including the
to the effective date of this section, under an
system of records to accomplish an agency
function, the agency shall. consistent with
Chairman, shall have equal responsibility
of
implied promise that the identity of the
pos-
its authority, cause the requirements of this
and authority in all decisions and actions
source would be held in confidence;
section to be applied to such system. For
of the Commission, shall have full access to
"(3) maintained in connection with pro-
all information necessary to the performance
viding protective services to the President
purposes of subsection (1) of this section
of their functions, and shall have one vote.
this
of the United States or other individuals
any such contractor and any employee of
such contractor, if such contract is agreed
Action of the Commission shall be deter-
pursuant to section 3056 of title 18;
to on or after the effective date of this sec-
mined by a majority vote of the mem S
"(4) required by statute to be maintained
will-
and used solely as statistical records;
tion, shall be considered to be an employee
present. The Chairman (or a member desig-
nated by the Chairman to be acting Chair-
"(5) investigatory material compiled solely
of an agency.
man) shall be the official spokesman of the
re-
for the purpose of determining suitability,
"(n) MAILING LISTS.-An individual's name
Commission in its relations with the Con-
eligibility, or qualifications for Federal
and address may not be sold or rented by an
gress, Government agencies, other persons.
civilian employment, military service, Fed-
agency unless such action is specifically au-
and the public, and, on behalf of the Com-
eral contracts, or access to classified informa-
thorized by law. This provision shall not be
cords
mission. shall see to the faithful execution
tion, but only to the extent that the dis-
construed to require the withholding of
of
of the administrative policies and decisions
closure of such material would reveal the
names and addresses otherwise permitted to
be
of the Commission, and shall report there-
identity of a source who furnished informa-
be made public.
more
on to the Commission from time to time or
tion to the Government under an express
"(o) REPORT ON NEW SYSTEMS.-Each
as the Commission may direct.
will-
promise that the identity of the source would
agency shall provide adequate advance no-
(5) (A) Whenever the Commission sub-
be held in confidence, or, prior to the effec-
tice to Congress and the Office of Man-
mits any budget estimate or request to the
tive date of this section, under an implied
false
agement and Budget of any proposal to es-
President or the Office of Management and
promise that the identity of the source would
tablish or alter any system of records in or-
Budget, it shall concurrently transmit a copy
be held in confidence;
der to permit an evaluation of the probable or
of that request to Congress.
of
"(6) testing or examination material used
potential effect of such proposal on the pri-
(B) Whenever the Commission submits
solely to determine individual qualifications
vacy and other personal or property rights
any legislative recommendations, or testi-
for appointment or promotion in the Fed-
of individuals or the disclosure of infor-
mony, or comments on legislation to the
eral service the disclosure of which would
(1),
mation relating to such individuals, and its
President or Office of Management and
to
compromise the objectivity or fairness of the
effect on the preservation of the constitu-
Budget, it shall concurrently transmit a
the
testing or examination process; or
tional principles of federalism and separa-
copy thereof to the Congress. No officer or
"(7) evaluation material used to deter-
tion of powers.
agency of the United States shall have any
(4),
mine potential for promotion in the armed
"(p) ANNUAL REPORT.-The President shall
authority to require the Commission to sub-
(10),
services, but only to the extent that the
submit to the Speaker of the House and
mit its legislative recommendations, or testi-
disclosure of such material would reveal the
the President of the Senate, by June 30 of
mony, or comments on legislation, to any of-
identity of a source who furnished informa-
each calendar year. a consolidated report.
ficer or agency of the United States for ap-
telli-
tion to the Government under an express
separately listing for each Federal agency
proval, comments, or review, prior to the
promise that the identity of the source would
the number of records contained in any sys-
submission of such recommendations, testi-
be held in confidence, or, prior to the effec-
tem of records which were exempted from
tive date of this section. under an implied
mony, or comments to the Congress.
the application of this section under the
(b) The Commission-shall-
en-
promise that the identity of the source
provisions of subsections (j) and (k) of this
(1) make a study of the data banks. auto-
would be held in confidence.
section during the preceding calendar year,
At the time rules are adopted under this
mated data processing programs. and in-
and the reasons for the exemptions. and
formation systems of governmental. regional,
subsection, the agency shall include in the
such other information as indicates efforts
statement required under section 553(c) of
and private organizations, in order to deter-
to administer fully this section.
mine the standards and procedures in force
which
this title, the reasons why the system of rec-
"(q) EFFECT OF OTHER LAWS.-No agency
ords is to be exempted from a provision of
for the protection of personal information;
the
shall rely on any exemption contained in
and
this section.
section 552 of this title to withhold from
(2) recommend to the President and the
"(1) (1) ARCHIVAL RECORDS.-Each agency
an individual any record which is otherwise
record which is accepted by the Administra-
Congress the extent, if any. to which the
of
accessible to such individual under the pro-
tor of General Services for storage. processing,
requirements and principles of section 552a
visions of this section."
of title 5, United States Code, should be ap-
and servicing in accordance with section 3103
SEC. 4. The chapter analysis of chapter 5
of title 44 shall, for the purposes of this
plied to the information practices of those
of title 5, United States Code, is amended
section, be considered to be maintained by
organizations by legislation, administrative
by inserting:
action, or voluntary adoption of such re-
the agency which deposited the record and
in-
"552a. Records about individuals."
shall be subject to the provisions of this sec-
quirements and principles, and report on
tion. The Administrator of General Services
immediately below:
such other legislative recommendations as it
re-
shall not disclose the record except to the
"552. Public information; agency rules, opin-
may determine to be necessary to protect the
agency which maintains the record, or under
ions, orders, and proceedings.".
privacy of individuals while meeting the
of
rules established by that agency which are
SEC. 5. (a) (1) There is established a Pri-
legitimate needs of government and society
not inconsistent with the provisions of this
vacy Protection Study Commission (here-
for information.
section.
inafter referred to as the "Commission")
(c) (1) In the course of conducting the
sub-
"(2) Each agency record pertaining to an
which shall be composed of seven members
study required under subsection (b) (1) of
identifiable individual which was transferred
this section, and in its reports thereon, the
as follows:
this
to the National Archives of the United States
(A) three appointed by the President of
Commission may research, examine, and
as a record which has sufficient historical or
the United States,
this
analyze- (A) interstate transfer of information
other value to warrant its continued pres-
(B) two appointed by the President of
about individuals that is undertaken through
ervation by the United States Government,
the Senate, and
of
(C) two appointed by the Speaker of the
manual files or by computer or other elec-
prior to the effective date of this section
shall. for the purposes of this section. be
House of Representatives.
tronic or telecommunications means:
considered to be maintained by the National
Members of the Commission shall be chosen
(B) data banks and information programs
40404
CONGRESSIONAL RECORD-SENATE
December
and systems the operation of which signifi-
(2) upon request, assist Federal agencies
regulations governing the manner.com
cantly or substantially affect the enjoyment
in complying with the requirements of sec-
Cits
operations, organization, and personnel:
of the privacy and other personal and prop-
tion 552a of title 5, United States Code;
(B) to enter into contracts or
erty rights of individuals;
(3) determine what specific categories of
arrangements or modifications thereof,
(C) the use of social security numbers,
information, the collection of which would
license plate numbers, universal identifiers,
any government, any department, agency
violate an individual's right of privacy,
and other symbols to identify individuals in
independent instrumentality of the United
should be prohibited by statute from col-
data banks and to gain access to, integrate,
States, or with any person. firm, association.
lection by Federal agencies; and
or centralize information systems and files;
or corporation, and such contracts or other
(4) upon request, prepare model legisla-
and
arrangements, or modifications thereof, may
tion for use by State and local governments
(D) the matching and analysis of statis-
be entered into without legal consideration
in establishing procedures for handling,
tical data, such as Federal census data, with
without performance or other bonds and
maintaining, and disseminating personal in-
other sources of personal data, such as auto-
without regard to section 3709 of the Revised
formation at the State and local level and
Statutes, as amended (41 U.S.C. 5);
mobile registries and telephone directories,
provide such technical assistance to State
(C) to make advance, progress, and other
in order to reconstruct individual responses
and local governments as they may require
payments which the Commission deems
to statistical questionnaires for commercial
in the preparation and implementation of
necessary under this Act without regard to
or other purposes, in a way which results
such legislation.
the provisions of section 3648 of the Revised
in a violation of the implied or explicitly
(e) (1) The Commission may, in carrying
Statutes, as amended (31 U.S.C. 529); and
recognized confidentiality of such informa-
out its functions under this section, conduct
(D) to take such other action as may be
tion.
such inspections, sit and act at such times
necessary to carry out its functions under
(2) (A) The Commission may include in its
and places, hold such hearings, take such
this section.
examination personal information activities
testimony, require by subpena the attend-
(f) (1) Each member of the Commis-
in the following areas: medical: insurance;
ance of such witnesses and the production
sion who is an officer or employee of the
education; employment and personnel; credit,
of such books. records, papers, correspond-
United States shall serve without additional
banking and financial institutions: credit
ence, and documents, administer such oaths,
compensation, but shall continue to receive
bureaus; the commercial reporting industry;
have such printing and binding done, and
the salary of his regular position when
cable television and other telecommunica-
make such expenditures as the Commission
engaged in the performanec of the duties
tions media: travel, hotel. and entertainment
deems advisable. A subpena shall be issued
vested in the Commission.
reservations; and electronic check process-
only upon an affirmative vote of a majority
(2) A member of the Commission other
ing.
of all members of the Commission. Subpenas
(B) The Commiscio shall include in its
than one to whom paragraph (1) applies
shall be issued under the signature of the
examination a study of-
shall receive per diem at the maximum daily
Chairman or any member of the Commission
rate for GS-18 of the General Schedule when
(1) whether a person engaged in interstate
designated by the Chairman and shall he
engaged in the actual performance of. the
commerce who maintains a mailing list
served by any person designated by the
duties vested in the Commission.
should be required to remove an individual's
Chairman or any such member. Any mem-
(3) All members of the Commission shall
name and address from such list upon re-
ber of the Commission may administer oaths
be reimbursed for travel, subsistence, and
quest of that individual;
or affirmations to witnesses appearing be-
(ii) whether the Internal Revenue Service
other necessary expenses incurred by them
fore the Commission.
should be prohibited from transferring in-
in the performance of the duties vested in
(2) (A) Each department, agency, and in-
the Commission.
dividually indentifiable data to other agen-
strumentality of the executive branch of the
(g) The Commission shall. from time to
cles and to agencies of State governments;
Government is authorized to furnish to the
time. and in an annual report, report to the
(111) whether the Federal Government
Commission, upon request made by the
President and the Congress on its activities
should be liable for general damages in-
Chairman, such information. data, reports
curred by an individual as the result of a
in carrying out the provisions of this sec-
and such other assistance as the Commission
tion. The Commission shall make a final re-
willful or intentional violation of the provi-
deems necessary to carry out its functions
port to the President and to the Congress
sions of sections 552a (g) (1) (C) or (D) of
under this section. Whenever the head of
title 5, United States Code: and
on its findings pursuant to the study re-
any such department, agency, or instrumen-
quired to be made under subsection (b) (1)
(iv) whether and how the standards for
tality submits a report pursuant to section
of this section not later than two years
security and. confidentiality of records re-
552a (o) of title 5, United States Code, " copy
from the date on which all of the members
quired under section 552a (e) (10) of such
of such report shall be transmitted to the
title should be applied when a record. is
of the Commission are appointed. The Com-
Commission.
mission shall cease to exist thirty days after
disclosed to a person other than an agency.
(B) In carrying out its functions and ex-
the date on which its final report is sub-
(C) The Commission may study such
ercising its powers under this section, the
mitted to the President and the Congress.
other personal information activities neces-
Commission may accept from any such de-
(h) (1) Any member, officer, or employee
sary to carry out the congressional policy
partment, agency, independent instrumen-
of the Commission, who by virtue of his
embodied in this Act, except that the Com-
mission shall not investigate information
tality, or other person any individually iden-
employment or official position. has posses-
tifiable data if such data is necessary to
sion of, or access to, agency records which
systems maintained by religious organiza-
tions.
carry out such powers and functions. In any
contain individually identifiable informa-
case in which the. Commission accepts any
tion the disclosure of which is prohibited
(3) In conducting such study, the Com-
such information, it shall assure that the
by this section, and who knowing that
mission shall-
information is used only for the purpose for
disclosure of the specific material is so pro-
(A) determine what laws. Executive orders,
regulations, directives, and judicial decisions
which it is provided, and upon completion
hibited, willfully discloses the material in
of that purpose such information shall be
any manner to any person or agency not en-
govern the activities under study and the
extent to which they are consistent with the
destroyed or returned to such department,
titled to receive it, shall be fined not more
agency, independent instrumentality, or per-
than $5,000.
rights of privacy. due process of law, and
son from which it is obtained, as appropriate.
(2) Any person who knowingly and will
other guarantees in the Constitution:
(3) The Commission shall have the power
fully requests or obtains any record con-
(B) determine to what extent govern-
to-
cerning an individual from the Commission
mental and private information systems
affect Federal-State relations or the prin-
(A) appoint and flx the compensation of
under false pretenses shall/be fined not more
ciple of separation of powers;
an executive director, and such additional
than
$5,000.
(C) examine the standards and criteria
staff personnel as may be necessary. without
SEC. The Office of Management and
regard to the provisions of title 5, United
Budget/shall-
governing programs, policies, and practices
States Code, governing appointments in the
(1) develop guidelines and regulations
relating to the collection. soliciting, process-
ing. use, access, integration. dissemination.
competitive service, and without regard to
for the use of agencies in implementing the
and transmission of personal information;
chapter 51 and subchapter III of chapter 53
provisions of section 552a of title 5, United
and
of such title relating to classification and
States Code, as added by section 3 of this
General Schedule pay rates, but at rates not
Act; and
(D) to the maximum extent practicable,
collect and utilize findings, reports. studies,
in excess of the maximum rate for GS-18 of
(2) provide continuing assistance to and
hearing transcripts, and recommendations of
the General Schedule under section 5332 of
oversight of the implementation of the pro-
such title; and
governmental, legislative and private bodies,
visions of such section by agencies.
institutions, organizations, and individuals
(B) procure temporary and intermittent
SEC. 7. (a) (1) It shall be unlawful for any
which pertain to the problems under study
services to the same extent as is authorized
Federal, State or local government agency
by the Commission.
by section 3109 of title 5, United States
to' deny to any individual any right, bene-
(d) In addition to its other functions the
Code.
fit. or privilege provided by law because of
Commission may-
The Commission may delegate any of its
such individual's refusal to disclose his
(1) request assistance of the heads of
functions to such personnel of the Commis-
social security account number.
appropriate departments, agencies, and in-
sion as the Commission may designate and
(2) The provisions of paragraph (1) of
strumentalities of the Federal Government,
this subsection shall not apply with respect
may authorize such successive redelegations
to-
of State and local governments, and other
of such functions as it may deem desirable.
(A). any disclosure which is required by
persons in carrying out its functions under
(4) The Commission is authorized-
Federal statute, or
this Act;
(A) to adopt, amend. and repeal rules and
(B) the disclosure of a social security
40405
December 17, 1974
CONGRESSIONAL
number to any Federal, State, or local agency
the State agency can check to see if the
The membership should be represenata-
tive of the public at large who, by reason of
maintaining a system of records in existence if
individual has reported the same income
their knowledge and expertise in the areas
operating before January 1, 1975,
and deductions on his Federal and State,
of civil rights and liberties, law, social sci-
and such disclosure was required under statute
or local, tax returns. Again, the States
ences, and complete technology, busin
regulation adopted prior to such date to
rely on this information in enforcing
and State and local government are well
or verify the identity of an individual.
their own tax laws. Also. this informa-
qualified for service on the Commission.
(b) Any Federal, State, or local govern-
ment agency which requests an individual to
tion may be sent to a State before it
While there 18 no statutory requirement, the
conducts a tax investigation on its own.
Committees could expect that no more than
disclose his social security account number
five members of the Commission could be
shall inform that individual whether that
Under the bill, it is intended that this
members of one political party.
disclosure is mandatory or voluntary, by
would be a routine use for a purpose
It is intended that this commission, which
what statutory or other authority such num-
compatible with the purpose for which
will serve for a period of two years, will be
ber is solicited, and what uses will be made
the information is collected so the IRS
solely a study commission. In that capacity
can continue to send tax information to
it is hoped the commission can assist the
of it.
SEC. 8. The provisions of this Act shall be
State and local tax agencies in this way.
Executive Branch and the Congress in their
effective on and after the date of enactment,
The IRS, of course, provides tax infor-
examination of Federal government activi-
to
except that the amendments made by sec-
tions 3 and 4 shall become effective 270 days
mation on individuals to the Justice De-
ties and their impact on privacy as well as
representatives of State and local govern-
following the day on which this Act is en-
partment when the Justice Department
ments and the private sector who are at-
is preparing a tax case against the in-
tempting to deal with this important
acted. SEC. 9. There is authorized to be appropri-
dividual. This information is used by the
problem.
ated to carry out the provisions of section 5
Justice Department in investigating and
The scope of the commission's study au-
of this Act for fiscal years 1975, 1976, and 1977
preparing tax cases and also is disclosed
thority is outlined specifically within the
the sum of $1,500,000, except that not more
in court as the Justice Department pre-
legislation. In subsection (c) (2) (b), the
than $750,000 may be expended during any
commission is directed to examine certain
sents evidence agains* the individual.
issues which are not included in the com-
such fiscal year.
In lleu of the engrossed amendment to the
This disclosure both to the Justice De-
promise between the House and Senate bill.
title. insert the following:
partment and in court would represent
such as a requirement that a person main-
Amend the title so as to read: "An Act to
a routine use of the tax information
taining mailing lists remove an individual's
amend title 5, United States Code, by adding
compatible with the purpose for which
name upon request; the question of prohib-
a section 552a to safeguard individual pri-
it was collected and this disclosure would
iting the transfer of individually identifiable
continue to be possible under the provi-
data from the Internal Revenue Service to
vacy from the misuse of Federal records. to
provide that individuals be granted access
other agencies and to Senate governments;
he
sions of the bill.
to records concerning them which are main-
a question of whether the Federal govern-
Under the bill tax returns and other
ment should be liable for general damages
tained by Federal agencies, to establish a Pri-
tax information can-as under present
vacy Protection Study Commission, and for
occuring from a willful or intentional viola-
law-be disclosed to the tax committees
tion of the provisions of (g) (1) (C) or (D)
other purposes."
of the Congress-the Senate Finance.
of this act; and the extent to which require-
Mr. ERVIN. We preserve most of the
Committee, the House Ways and Means
ments for security and confidentiality of rec-
essential elements of the Senate bill
Committee, and the Joint Committee on
ords maintained under this act should be
with these few minor changes.
Internal Revenue Taxation.
applied to a person other than an agency.
The commission shall from time to time
I have been asked by the distinguished
Under the bill this information can
and in an annual report, report to the Con-
Senator from Louisiana, as chairman of
also continue to be disclosed to the staffs
gress and to the President on its activities.
the Finance Committee, the question
of these committees, as under present
and it shall submit a final report of its
whether these amendments would inter-
law.
findings two years from the date the mein-
fere with the practice of the Internal
Under the bill an agency can disclose.
bers of the commission are appointed.
Revenue Service in furnishing informa-
tax returns to either House of Congress
In addition, the commission Is authorized
tion to the State taxing authorities and
or to committees of Congress-to the ex-
to provide necessary technical assistance
to congressional committees, and my as-
tent of matters within their jurisdiction.
and prepare model legislation upon request
for State and local governments interested in
surance is that that will not be inter-
Since tax returns can be disclosed by an
adopting privacy legislation. Strict stand-
fered with in any respect whatever.
agency to the Senate and House, it is
ards and penalties are placed upon com-
I would like to address more specifi-
intended that-as under present law-
mission members and employees with regard
cally some other questions raised about
the committees which have received tax
to the handling and unlawful distribution of
how the bill will work with respect to
returns can also disclose them to the
information about individuals which it re-
tax information and tax returns. Spe-
Senate or House. just as the Joint Com-
ceives in the course of carrying out its
cifically, the questions relate to the
mittee on Internal Revenue Taxation did
functions.
ability of the IRS to disclose tax infor-
with the tax information on President
While the provisions of the rest of this act
do not go into effect until 270 days from
mation under the provision of the bill
Nixon.
the date of enactment, the commission is
that allows disclosure for a routine use
I have also prepared an analysis of
authorized to go into effect immediately upon
under a purpose which is compatible
these amendments which I submit en-
the appointment of its members in order
with the purpose for which the informa-
titled "Analvsis of House and Senate
that some of its work may be, available to
tion is collected.
Compromise Amendments to the Federal
the Congress and the Executive Branch by
State and local tax agencies now
Privacy Act." which explains the pro-
the time the remainder of the legislation
becomes effective.
heavily rely on Federal tax information
visions of the amendments.
ROUTINE USE
and investigations when State agencies
Mr. President, I ask unanimous con-
enforce their tax laws. For example,
sent that this statement be printed at
The House bill contains a provision not
when the IRS sets up a deficiency against
provided for in the Senate measure exempt-
this point in the RECORD.
a taxpayer who lives in a State, the IRS
There being no objection, the analysis
ing certain disclosures of information from
the requirement to obtain prior consent
frequently sends information on this
was ordered to be printed in the RECORD,
from the subject when the disclosure would
deficiency to the State, or local, tax
as follows:
be for a "routine use". The compromise
agency. The States use this information
ANALYSIS.O HOUSE AND SENATE COMPROMISE
would define "routine use" to mean: "with
in collecting their own taxes. This infor-
AMENDMENTS TO THE FEDERAL PRIVACY ACT
respect to the disclosure of a record, the
mation may be sent before the State it-
use of such records for a purpose which is
The establishment of a Privacy Protection
self conducts any tax investigation on
compatible with the purpose for which it
Study Commission. Only the Senate bill pro-
was collected."
the individual.
vided for an oversight and study commission
Where the Senate bill would have placed
Under the bill, this is intended to con-
to assist in the implementation of the act
tight restrictions upon the transfer of per-
stitute a routine use for a purpose com-
and to explore areas concerned with indi-
sonal information between or outside Fed-
patible with the purpose for which the
vidual privacy which have not been Included
eral agencies, the House bill. under the rou-
information was collected, so the IRS
in the provisions of this legislation. The
tine use provision, would permit an agency
could continue to send this information
compromise measure will establish a Privacy
to describe its routine uses in the Federal
Protection Study Commission of seven
to the State and local tax agencies as is
Register and then disseminate the informa-
members instead of the five provided in the
tion without the consent of the individual
presently done.
Senate bill. Three of these members will be
or without applying the standards of ac-
Also, the IRS sends to State, and lo-
appointed by the President, two by the
curacy, relevancy, timeliness or completeness
cal, tax agencies the Federal tax returns
President of the Senate, and two by the
so long as no determination was being made
of individuals who live in the State SO
Speaker of the House of Representatives.
about the subject.
40406
CONGRESSIONAL
December 17, 197
The compromise definition should serve
STANDARDS APPLIED TO DISSEMINATION OUTSIDE
published by agencies in the Federal Register
as a caution to agencies to think out in ad-
THE GOVERNMENT
permitting the transfer of particular data
vance what uses it will make of information.
H.R. 16373 requires that all records which
to persons other than the individuals
This act is not intended to impose undue
are used by an agency making any deter-
whom they pertain.
burdens on the transfer of information to
mination about an individual be maintained
The committee report went on to expross
the Treasury Department to complete pay-
with such accuracy, relevance, timeliness and
a desire that agencies continue to make cor-
roll checks. the receipt of information by the
completeness as is reasonably necessary to
tain individually identifiable records open
Social Security Administration to complete
assure fairness to the individual in the deter-
to the public because such disclosure would
quarterly posting of accounts, or other such
mination. S. 3418 goes much further and re-
be in the public interest.
housekeeping measures and necessarily fre-
quires that agencie apply these standards at
The Senate bill reflected the position of
quent interagency or intra-agency transfers
any time that access is granted to the file,
an earlier draft of the House incasure in
of information. It is, however, intended to
material is added to or taken from the file,
Section 205 (b) where it provided that noth
discourage the unnecessary exchange of In-
or at any time it is used to make a deter-
ing in the act shall be construed to permit
formation to another person or to agencies
mination affecting the subject of the file.
the withholding of any personal information
who may not be as sensitive to the collecting
The difference between these two measures
which is otherwise required to be disclosed
agency's reasons for using and interpreting
represents a difference in philosophy regard-
by law or any regulation thereunder This
the material.
ing the handling of personal information.
section was intended as specific recognition
INFORMATION ON POLITICAL ACTIVITIES
The Senate measure is designed to comple-
of the need to permit disclosure under the
ment the requirement that agencies main-
Freedom of Information Act.
The House bill tells agencies that they may
tain only information which is relevant and
The compromise amendment would add
not maintain a record concerning the polit-
ical or religious beliefs or activities of any
necessary to accomplish a statutory purpose.
an additional condition of disclosure to the
individual unless maintenance of the record
The standard of relevancy should be that
House bill which prohibits disclosure with-
would be authorized expressly by statute or
statutory basis for an information program
out written request of an individual unless
by the individual about whom the record is
which Is now set forth in (e) (1) of the com-
disclosure of the record would be pursuant
maintained. The House bill goes on to pro-
promise measure. By adopting this section,
to Section 552 of the Freedom of Information
vide that this subsection is not deemed to
the Senate hoped to encourage a periodic re-
Act. This compromise is designed to preserve
prohibit the maintenance of any record or
view of personal information contained in
the status quo as interpreted by the courts
activity which is pertinent to and within
Federal records as those records were used
regarding the disclosure of personal infor-
the scope of a duly authorized law enforce-
or disseminated for any purpose.
mation under that section.
The House provision would have applied
A related amendment taken from the Ben-
ment activity.
The Senate bill constitutes a prohibition
these important standards for maintenance
ate bill would prohibit any agency from re-
of information in records at any time a de-
lying upon any exemption contained in Sec-
against agency programs established for the
purpose of collecting or maintaining in-
termination is made about an individual.
tion 552 to withhold from an individual any
formation about how individuals exercise
The House bill goes on to permit additional
record which is otherwise accessible to such
First Amendment rights unless the agency
"routine uses" of information which may
individual under the provisions of this SCC-
head specifically determines that the pro-
not rise to the threshhold of an "agency de-
tion.
termination" without requiring that the in-
CIVIL REMEDIES
gram is required for the administration of a
statute.
formation be upgraded to meet these stand-
Under the House bill an individual would
The compromise broadens the House pro-
ards.
be permitted to seek an injunction against
visions application to all First Amendment
The compromise amendment would adopt
an agency only to produce his record upon
rights and directs the prohibition against
the section of the House bill applying the
a failure of an agency to comply with his
the maintenance of records. However, as in
standards of accuracy. relevance, timeliness
request. An individual would be able to sue
the House bill. it does permit the mainte-
and completeness at the time of a determi-
for damages only If an agency failed to main-
nance, use, collection or dissemination of
nation. It would add the additional require-
tain a record about him with such accuracy,
these records which are expressly authorized
ment, however, that prior to the dissemina-
relevance. timeliness and completeness as
by statute or the individual subject or are
tion of any record about an individual to any
would be necessary to assure fairness and a
pertinent to a duly authorized law enforce-
person other than another agency. the send-
determination about him. and consequently
ment activity.
ing agency shall make a reasonable effort to
an adverse determination was made. A suit
assure that the record is accurate, complete,
for damages would also be in order against
CONFIDENTIAL SOURCES OF INFORMATION
timely, and relevant. This proviso was in-
an agency If it fails to comply with any
The compromise provision for the mainte-
cluded because Federal agencies would be
other provision of this act in such a way to
nance of information received from con-
governed by a requirement to clean up their
have an adverse effect on the individual
fidential sources represents an acceptance
records before a determination is made and
Under the Senate bill injunctive relief
of the House language after receiving an
limited by a requirement to publish each
would be available to an individual to en-
assurance that in no instance would that
routine use of information in the Federal
force any right granted to him. And an in-
language deprive an individual from know-
Register. but the use of Information by per-
dividual would be permitted to sue for dam-
ing of the existence of any information main-
sons outside the Federal government would
ages for any action or omission of an officer
tained in a record about him which was re-
not be governed by this act. Therefore, agen-
or employee of the government who violates
ceived from a "confidential source." The
cies are directed to be far more careful about
a provision of the act.
agencies would not be able to claim that dis-
the dissemination of personal information to
The standard for recovery of damages un-,
closure of even a small part of a particular
persons not governed by the enforcement
der the House bill would have rested on the
item would reveal the identity of a confiden-
provisions of this bill.
determination by a court that the agency
tial source. The confidential information
THE FREEDOM OF INFORMATION ACT AND
acted in a manner which was willful, arbi-
would have to be characterized in some gen-
PRIVACY
trary, or capricious. The Senate bill would
eral way. The fact of the item's existence
Perhaps the most difficult task in drafting
have permitted recovery against an agency
and a general characterization of that Item
Federal privacy legislation was that of de-
on a finding that the agency was negligent
would have to be made known 'to the in-
dividual in every case.
termining the proper balance between the
in handling his records.
Furthermore, the acceptance of this sec-
public's right to know about the conduct of
These amendments represent a compromise
their government and their equally impor-
between the two positions, permitting an,
tion in no way precludes an individual from
knowing the substance and source of con-
tant right to have information which is per-
individual to seek injunctive relief to correct
sonal to them maintained with the greatest
or amend a record maintained by an agency
fidential information, should that informa-
degree of confidence by Federal agencies. The
In a suit for damages, the amendment re
tion be used to deny him a promotion in a
government job or access to classified in-
House bill made no specific provision for
flects a belief that a finding of willful, arbi
formation or some other right, benefit or
Freedom of Information Act requests of ma-
trary, or capricious action is too harsh 8
terial which might contain information pro-
standard of proof for an individual to exer-
privilege for which he was entitled to bring
tected by the Privacy Act. Instead, in the
cise the rights granted by this legislation.
legal action when the government wished to
committee report on the bill, it recognized
Thus the standard for recovery of damages
base any part of its legal case on that
that:
was reduced to "willful or intentional" ac
information.
tion by an agency. On a continuum between
Finally. it is important to note that the
"This legislation would have an effect on
House provision would require that all fu-
subsection (b) (6) of the Preedom of Infor-
negligence and the very high standard of
ture promises of confidentiality to sources of
mation Act (5 U.S.C., Section 552) which
willful, arbitrary, or capricious conduct. this
information be expressed and not implied
states that the provisions regarding disclo-
standard is viewed as only somewhat greater
sure of information to the public shall not
than gross negligence.
promises. Under the authority to prepare
guidelines for the administration of this act
apply to material 'the disclosure of which
Both the House and Senate bills provided
would constitute a clearly unwarranted in-
for an individual to recover reasonable at-
it is expected that the Office of Manage-
vasion of personal privacy.' H.R. 16373 would
torney fees and costs of litigation. The com-
ment and Budget will work closer with agen-
make all individually identifiable informa-
promise amendments adopt the standard of
cies to insure that Federal investigators make
tion in government files exempt from public
the House bill permitting the court to award
sparing use of the ability to make express
disclosure. Such disclosure could be made
attorney fees and reasonable costs to an in-
promises of confidentiality.
available to the public only pursuant to rules
dividual where the complainant has sub:
December 17, 1974
CONGRESSIONAL RECORD-SENATE
40407
stantially prevailed, in an injunctive action.
statute but also a purpose outlined by a
to insure broader application to Archival
Fees would be required to be paid with any
Presidential Executive Order.
records of safeguards for data security and
award of damages.
The provision is included to limit the col-
confidentiality.
ACCESS AND CHALLENGE TO RECORDS
lection of extraneous information by Federal
MORATORIUM ON THE USE OF THE SOCIAL
The House bill would apply a standard of
agencies. It requires that a conscious deci-
SECURITY. ACCOUNT NUMBER
sion be made that the information is re-
promptness to agency considerations of re-
quired to meet the needs of an agency as
The House bill provides that a Federal
quests for access to records and requests to
dictated by a statute. Agencies should for-
agency, or a State or local government act-
challenge or correct those records. In addi-
mulate as precisely as possible the policy
ing in compliance with Federal law or a
non. it allows the individual to request a
objectives to be served by a data gathering
federally assisted program, is prohibited
review of a refusal to correct a record by the
activity before it is undertaken. It is hoped
from denying to individuals rights. benefits
agency official named in its public notice
that multiple requests for information will
or privileges by reason of refusal to disclose
J: information systems.
be reduced and that agencies will collect no
the social security account number. Any
The Senate bill requires the agency to
more sensitive personal information than is
such governmental agency is further pro-
make a determination with respect to an in-
necessary.
hibited from utilizing the social security
dividual's request for a record change within
The Senate bill also requires agencies to
account number for purposes apart from
no days of the request and to permit him a
collect information to the greatest extent
verification of individual identity except
hearing within 30 days of a request for one,
practicable directly from the subject when
where another purpose is specifically au-
with extension for good cause permitted. The
that information could result in an adverse
thorized by law. Exempt from these prohibi-
individual would have the option of a formal
determination about an individual's rights
tions are systems of records in existence
or informal hearing procedure within the
and benefits and privileges under a. Federal
and operating prior to January 1, 1975. Ex-
agency upon a refusal of a request to correct
program. The House bill had no provision,
emption is further granted where disclosure
or amend a record. The compromise amend-
but the compromise amendment accepts the
of a social security account number is re-
ment would require the agency to respond
Senate language. This section is designed
quired by Federal law.
within 10 working days to acknowledge an
to discourage the collection of personal in-
The Senate bill provides that a Federal
individual's request to amend a record. Fol-
formation from third party sources and
agency, or a State or local government, is
lowing acknowledgement, the agency must
therefore to encourage the accuracy of Fed-
prohibited from denying to individuals
promptly correct the information which the
eral data gathering. It supports the principle
rights. benefits or privileges by reason of
individual believes is not accurate, relevant,
that an individual should to the greatest
refusal to disclose the social security account
timely or complete or inform the individual
extent possible be in control of information
number. Persons engaged in the business of
of its refusal.
about him which is given to the government.
commercial transactions or activities are
If the individual disagrees with the re-
This may not be practical in all cases for
prohibited from discriminating against any
fusal of the agency to amend his record. the
financial or logistical reasons or because of
individual in the course of such activities
agency shall conduct a review of that refusal
other statutory requirements. However, it is
by reason of refusal to disclose the social
within 30 working days, provided than an
a principle designed to insure fairness in
security account number. Exempt from
extension may be obtained for good cause.
information collection which should be in-
these prohibitions are systems of records in
We expect that agency heads will conduct
stituted wherever possible.
existence and operating prior to January 1,
these reviews themselves or assign officers of
ARCHIVAL RECORDS
1975. Also exempt are disclosures of the so-
the rank of Deputy Assistant Secretary or
above to review them.
The House bill provides that records ac-
cial security account number required by
The House bill would not have permitted
cepted by the Administrator of General
Federal law. This section further provides
a Federal District Court to review de novo
Services for temporary storage and servicing
that any Federal, State or local government
shall be considered for purposes of this act,
agency or any person who requests an Indi-
an agency's refusal to amend a record. The
to be maintained by the agency which de-
vidual to disclose his social security number
compromise adopts the Senate. provision
shall inform that individual whether that
which would require a de novo review of such
posits the records. Records transferred to the
National Archives after the effective date of
disclosure is mandatory or voluntary, by
refusal and to order a correction where
merited. Finally, the compromise requires
this Act for purposes of historical preserva-
what statutory or other authority such
number is solicited, what uses will be made
that in any disclosure of information sub-
tion are considered to be maintained by the
ject to disagreement that the agency include
Archives and are subject only to limited
of it, and what rules of confidentiality will
govern it.
with the disclosure a notation of any dispute
provisions of the Act. Records transferred to
over the information or a copy of any state-
the National Archives before the effective
The compromise amendment changes the
ment submitted by the individual stating
date of this Act are not subject to the provi-
House language by broadening the coverage
his reasons for disagreement with the
of State and local governments so as to pro-
sions of this Act.
information.
The Senate bill provides that records ac-
hibit any new activity by such a government
cepted by the Administrator of General Serv-
that would condition a right, benefit or
ACCOUNTING FOR DISCLOSURES
privilege upon an individual's disclosure of
Section c of the House bill requires an
ices for temporary storage and servicing shall
his social security account number.
agency to inform any person or another
be considered, for purposes of this Act. to be
To clarify the intent of the Senate and
agency about a correction or notation of
maintained by the agency which deposits the
House, the grandfather clause of this section
dispute regarding a record that has been dis-
records. All records transferred to the Na-
closed to that person or agency within two
tional Archives for purposes of historical
was re-stated to exempt only those govern-
mental uses of the social security account
years before making the correction or nota-
preservation are considered to be maintained
by the Archives and are subject only to those
number continuing from before January 1,
tion. It would not apply if no accounting of
1975, pursuant to a prior law or regulation
the disclosure had been required. No such
provisions of this Act requiring annual pub-
limitation was placed upon accounting for
lic notice of the existence and character of
that, for purposes of verifying identity. re-
quired individuals to disclose their social
disclosures in the Senate bill and the com-
the information systems maintained by the
security account number as a condition for
promise measure would require any person
Archives, establishment of appropriate safe-
guards to insure the security and integrity of
exercising a right, benefit, or privilege. Thus,
or agency receiving the record at any time
for illustration, after January 1, 1975, it will
before a notation or dispute is made to be
preserved personal information. and promul-
be unlawful to commence operation of a
notified if an accounting of the disclosures
gation and implementation of rules to in-
were made.
sure the effective enforcement of those safe-
State or local government procedure that
requires individuals to disclose their social
The House bill requires an agency to main-
guards.
security account number in order to register
tain an accounting for disclosures for only
The compromise amendment subjects rec-
a motor vehicle, obtain a driver's license or
five years. The Senate bill places no limita-
ords transferred to the National Archives for
other permit, or exercise the right to vote
tion on the length of time for maintaining
historical preservation to a modified require-
in an election. The House section was
such disclosures. The compromise amend-
ment for annual public notice. It is intended
ment would require maintaining of the dis-
that the notice provision not be applied sep-
amended to include the Senate provision
for informing an individual requested to dis-
closure for five years or the life of the rec-
arately and specifically to each of the many
close his social security account number of
ord, whichever is longer.
thousands of separate systems of records
the nature, authority and purpose of the
LIMITATIONS ON THE TYPES OF INFORMATION
transferred to the Archives prior to the ef-
fective date of this Act, but rather that a
request. This provision is intended to permit
COLLECTED AND THE USE OF THIRD PARTY
an individual to make an informed decision
INFORMATION
more general description be provided which
whether or not to disclose the social security
The Senate bill requires Federal agencies
pertains to meaningful groupings of record
account number, and it is intended to bring
to maintain only such information about an
systems. However, record systems transferred
recognition to, and discourage, unnecessary
individual as is relevant and necessary to
to the Archives after the effective date of this
or improper uses of that number.
accomplish a statutory purpose of the agen-
Act are individually subject to the specific
cy. The House bill did not address this
notice provisions. This coverage is intended
MAILING LISTS
issue. The compromise amendment modifies
to support and encourage improvements in
The Senate bill prohibits the sale or rental
the Senate provision to permit the collection
the organization and cataloging of records
of an individual's name and address by a
of information which would be required to
maintained by the Archives, both to make
Federal agency unless such action is specifi-
accomplish not only a purpose set out by a
authorized access to such records simpler and
cally authorized by law. This section further
40408
CONGRESSIONAL RECORD-SENATE
December
provides that upon written request of any in-
or modify an information system for 60
definition was adopted to more closely
dividual. any person engaged in interstate
days in order to give the Congress and the
flect the definition of "personal
commerce who maintains a mailing list shall
President an opportunity to review that re-
tion" as used in the Senate bill.
remove the individual's name and address
port and the commission's recommendations.
DEFINITION OF THE TERM AGENCY
from such list.
The compromise amendment still would
The compromise amendment accepts the
require that agencies provide adequate ad-
Some questions have been raised regard-
Senate prohibition of the sale or rental of
vance notice to the Congress and to the Of-
ing the applicability of H.R. 16373 and
8
mailing lists by Federal agencies. Names and
fice of Management and Budget of any pro-
3418 to the U.S. Postal Service, the Postal
posal to establish or alter a system of records
Rate Commission and similarly related en-
addresses associated with other personal in-
titles.
formation obtained by Federal agencies pur-
in order to permit an evaluation of the pri-
suant to statute or executive order, or by
vacy impact of that proposal. In addition
H.R. 16373 defines "agency" to mean an
unauthorized means, are thus not permitted
to the privacy impact. consideration should
agency as defined in Section 552(e) of Title
to be sold or rented to the public. Public dis-
be given to the effect the proposal may have
V. S. 3418 defines the term "Federal agency"
closure of mailing lists by authority of Sec-
on our Federal system and on the separation
to mean any department, agency. instru.
tion 552(b), the Freedom of Information Act,
of powers between the three branches of
mentality, or establishment in the Execu
or by authority of other Federal law. is not
government. These concerns are expressed in
tive Branch of the Government of the United
prohibited. Public disclosure would be per-
connection with recent proposals by the Gen-
States and includes any officer or employee
mitted in certain other circumstances where
eral Services Administration and Depart-
thereof.
the agency determines that the potential for
ment of Agriculture to establish a giant data
A compromise agreement adopts the def-
adverse effects from such disclosure on the
facility for the storing and sharing of in-
inition by reference to section 552(e)
privacy or other rights of persons on a mail-
formation between those and perhaps other
provided in H.R. 16373. It is the intention of
ing list are inconsequential and that the
departments. The language in the Senate
the House and Senate that the Federal Pri-
benefits likely to accrue to such persons and
report on pages 64-66 reflects the concern at-
vacy Act clearly apply to the Postal Service
to the general public are clear and signifi-
tached to the inclusion of this language in
the Postal Rate Commission. and government
cant. In this regard. a directive from the
S. 3418.
corporations or government controlled cor-
Office of Management and Budget forbidding
The acceptance of the compromise amend-
porations now in existence or which may be
disclosure by Federal agencies of a person's
ment does not question the motivation or
created in the future as provided in Public
name absent his specific consent would be
need for improving the Federal government's
Law 93-502, the amendments to the Free.
relevant to the intent of this subsection.
data gathering and handling capabilities. It
dom of Information Act.
does express a concern, however, that the
While Section 410(a). of Title 39 of the
RULEMAKING PROCEDURES FOR MAKING
office charged with central management and
U.S. Code exempts the Postal Service
EXEMPTIONS
oversight of Federal activities and the Con-
Postal Rate Commission from legislation
To obtain an exemption from certain pro-
gress have an opportunity to examine the
generally applicable to Federal agencies,
visions of this Act under the House bill.
impact of new or altered data systems on
barring a clear expression of Congressional
agencies entitled to those exemptions would
our citizens, the provisions for confiden-
intent to the contrary, is the considered in-
be required to public notice of the proposed
tiality and security in those systems and the
tent of the committees which consider this
exemptions in the Federal Register pursuant
extent to which the creation of the system
legislation that it should apply to the Postal
to Section 553 of the Administrative Proce-
will alter or change interagency or intergov-
Service and Postal Rate Commission, not-
dures Act permitting comments to be sub-
ernmental relationships related to informa-
withstanding the operation of Title 39 Sec:
mitted in writing for inclusion in the Record
tion programs.
tion of the United States Code.
with such exemptions.
The Senate bill applied a much more
GOVERNMENT CONTRACTS
Mr. ERVIN. Mr. President, I have also
stringent standard and would have required
The Senate bill would have extended its
prepared a statement giving credit to
agencies to hold adjudicatory hearings as
provisions outside the Federal government
members of the Government Operations
provided in APA Sections 556 and 557. The
only to those contractors, grantees or par-
Committee, and another statement giv-
compromise agreement would no longer re-
ticipants in agreements with the Federal
quire full adjudicatory proceeding by any
ing credit to members of the Subcom-
ernment, where the purpose of the contract,
agency seeking an exemption permitted
mittee on Constitutional Rights, which
grant or agreement was to establish or alter
under the act. However, agencies would still
an information system. It addressed a con-
worked on privacy matters for many
be required to publish notice of a proposed
cern over the policy governing the sharing
years, commending them for their work
rulemaking in the Federal Register and could
of Federal criminal history information with
I would like to ask unanimous consent
not waive the 30 day period for such publica-
State and local government law enforcement
these be printed in the RECORD at this
tion. In addition it is specifically provided
agencies and for the amount of money which
point.
in this act that agencies obtaining such ex-
has been spent through the Law Enforcement
emptions state the reasons why the system
There being no objection, the state-
Assistance Administration for the purchase
of records is to be exempted. Should ob-
of State and local government criminal in-
ments were ordered to be printed in the
jection be filed with the Commission to any
formation systems.
RECORD, as follows:
rulemaking exemption, it is expected that
The compromise amendment would now
STATEMENT TO MEMBERS OF THE GOVERNMENT
the agency would respond specifically to
permit Federal law enforcement agencies to
OPERATION COMMITTEE
each objection in setting forth its reason in
determine to what extent their information
Mr. President, S. 3418 represents the cul-
support of the exemption.
systems would be covered by the Act and to
mination of many months of work by the
DUTIES OF THE OFFICE OF MANAGEMENT
what extent they will extend that coverage
Committee on Government Operations to
AND BUDGET
to those with which they share that infor-
fashion legislation that will guarantee the
Under the Senate, bill the Privacy Protec-
mation or resources.
rights of all Americans with respect to the
tion Commission was directed to develop
At the same time it is recognized that
gathering, use, and disclosure of information
model guidelines and conduct certain over-
many Federal agencies contract for the op-
about them by the Federal Government
sight of the implementation of this Act to
eration of systems of records on behalf of
Again, I want to express my gratitude to
Federal agencies. Since the compromise
the agency in order to accomplish an agency
two members of this committee who have
amendment would change the scope of au-
function. It was provided therefore that such
helped make this legislation possible Senator
thority of the commission, it was felt there
contracts if agreed to on or after the effective
Percy from Illinois, the ranking minority
remained a need for an agency within' the
date of this legislation shall provide that
member, and Senator Muskie from Maine,
government to develop guidelines and regu-
those contractors and any employees of those
the chairman of the Subcommittee on Inter-
Intions for agencies to use in implementing
contractors shall be considered to be em-
governmental Relations.
the provisions of the Act and to provide con-
ployees of an agency and subject to the pro-
Their efforts, and that of their staffs have
tinuing assistance to and oversight of the
visions of the legislation.
been indispensible in helping to reach the
implementation of the provisions of this
DEFINITION OF RECORD
compromise reflected in the amendments
Act by the agencies.
adopted by the Senate today.
The definition of the term "Record" as
This function has been assigned to the
Great credit also is due to Senator Ribicoff,
Office of Management and Budget.
provided in the House bill has been expanded
Senator Javits and the other cosponsors of
to assure the intent that a record can in-
this legislation as well as to all the members
REPORTS ON NEW SYSTEMS
clude as little as one descriptive item about
of the Committee on Government Opera-
Under the Senate bill the Privacy Pro-
an individual and that such records may in-
tions. Without their many valuable contribu-
tection Commission was to have a central
corporate but not be limited to information
ticns, we would have been unable to develop
role in evaluating proposals to establish or
about an individual's education, financial
the sensible bill that the committee reported
alter new systems of information in the Fed-
transactions, medical history, criminal or
unanimously to the Senate.
eral government. If the commission had de-
employment records, and that they may con-
Finally, the Committee wishes to express
termined that such a proposal was not in
tain his name, or the identifying number,
appreciation for the valuable time and effort
compliance with the standards established
symbol, or other identifying particularly as-
devoted to the drafting of this legislation by
by the Senate bill the agency which prepared
signed to the individual, such as a finger or
Mr. Bill Ticer, in the office of the Senate
the report could not proceed to establish
voice print or a photograph. The amended
Legislative Counsel.
December 17, 1974
CONGRESSIONAL RECORD-SENATE
40409
I wish to acknowledge also the valuable con-
mittee in their efforts to produce a com-
Mr. President, I am pleased to note that
the compromise which has been reached be-
tributions of the Committee's special con-
promise with the House. Their diligent
tween the Senate and the House on this pri-
sultant, Professor Alan F. Westin of Colum-
efforts have been quite crucial to the
vacy legislation will provide for the estab-
bia University, whose testimony in June and
successful resolution of extremely diffi-
lishment of a Privacy Protection Study
expert counsel through the summer provided
cult policy differences. In this regard, I
commission. While the scope of the com-
the basis for policy judgments and for de-
mission's authority is not as broad as we
tailed amendment of the bill in order that a
would like to give a special commenda-
workable proposal could be reported to the
tion and extend my appreciation to Mr.
had sought in the Senate bill, it should
Senate. Professor Christopher Pyle of the
Bill Ticer, office of the Senate Legislative
serve as an important function in provid-
ing the President and the Congress with the
John Jay College of Criminal Justice in New
Counsel, for his dedicated assistance to
kind and caliber of information about prob-
York, also rendered valuable assistance to
the committee staff during the past 6
lems related to privacy in the public and
the Committee, as he has during his service
months. I understand that his partici-
as a consultant of the Constitutional Rights
private sectors which are needed to make
pation was of immense value in clarify-
Subcommittee.
informed decisions.
Much credit is also due to Lawrence Baskir,
ing difficult portions of the legislation.
I believe that this bill also strengthens
former chief counsel of the Constitutional
I also commend Congressman MOOR-
the ability of the individual to enforce the
rights granted to him under this act from
Rights Subcommittee, Mark Gitenstein, pres-
HEAD of Pennsylvania, Congressman
ent chief Counsel of the Subcommittee, Irene
ERLENBORN, and Congressman GOLD-
the provisions which were contained in the
Margolis, Dorothy Glanzer and the rest of
WATER for their diligent efforts in con-
House measure.
the Subcommittee staff who helped immeas-
Finally the compromise bill contains the
nection with this legislation.
urably in the development of the bill and
minimum recommendatiors made for pro-
I am pleased to note that the com-
report during the joint hearings and study.
tecting privacy and for establishing rules
Furthermore, no person who has walked
promise which has been reached does in-
of due process for the Government's use of
on Capitol Hill merits greater commenda-
clude a provision for a 2-year Privacy
computer technology for personal data sys-
tion in this connection than Marcia Mac-
Protection Study Commission. While this
tems.
Naughton, who served for a substantial time
Commission does not retain some of the
It is in keeping with the recommenda-
on the staff of the Subcommittee on Consti-
enforcement powers afforded to it in the
tion of the Committee on Government Opera-
tutional Rights and made herself most
Senate-passed bill, S. 3418, I believe that
tions which stated the purpose of the Sen-
knowledgeable in respect to privacy and the
it is certainly equipped to perform the
ate bill is to:
threats to it. During past months she left
Promote government respect for the pri-
functions intended by the Senate. The
the academic world temporarily to aid the
vacy of citizens by requiring all departments
Senate Committee on Government Opera-
Commission will be responsible for as-
and agencies of the executive branch and
tions in the drafting of S. 3418.
sembling experts in the fields of com-
their employees to observe certain constitu-
I believe the comprehensive hearings and
puter science, law, social sciences, busi-
tional rules in the computerizing, collection,
studies of the Constitutional Rights Sub-
ness, and Government to study and rec-
management, use and disclosure of personal
committee have helped to provide the Con-
ommend solutions to privacy problems
information about individuals.
gress with an excellent basis for this and
not adequately addressed by this bill. I
It is to promote accountability, responsi-
other needed legislation in years to come.
believe that the Commission will serve
bility, legislative oversight, and open gov-
I hope the many published volumes of the
ernment with respect to the use of computer
result of the Subcommittee's work on pri-
to keep focused attention on this im-
technology in the personal information sys-
vacy, computers and data banks will aid
portant issue of public policy so that
tems and data banks of the Federal gov-
those working on this subject in the future.
Federal agencies, State and local govern-
ernment and with respect to all of its other
The members who serve on that Subcommit-
ments, and private organizations will
manual or mechanized files.
tee have made many contributions to the
continue to implement the basic prin-
It is designed to prevent the kind of 11-
protection of privacy by their sponsorship
ciples of fair treatment for personal data
legal, unwise, over-broad, investigation and
of legislation and their support and partici-
contained in this bill.
record surveillance or law-abiding citizens
pation of the investigations and reports
which has resulted in recent years from ac-
which were nee to draft legislation. They
I am pleased that the compromise bill
tions of some over-zealous investigators, from
have also provided the Executive Branch with
contains the provision, introduced by
the curiosity of some government adminis-
the background and information for reports
Senator GOLDWATER and myself, to limit
trators, and from the wrongful disclosure
and action to protect privacy and I hope
abuses of the social security number. I
and use of personal files held by Federal
officials in all federal departments and agen-
look forward to a more final solution to
agencies.
cles will continue to take advantage of this
the problems associated with this num-
It is to prevent the secret gathering of
research and this documentation of public
ber, which is widely used as a universal
information or the creation of secret infor-
concern over governmental incursion on in-
identifier in this country. The Privacy
mation systems or data banks on Americans
dividual freedoms.
by employees of the departments and
Since the Senate and the House passed
Protection Study Commission will study
agencies of the Executive branch.
their respective privacy bills, Jim Davidson
the problem and bring back to the Con-
It is designed to set in motion a long-
has labored tirelessly to reconcile their
gress policy recommendations on this
overdue evaluation of the needs of the Fed-
varying provisions and thus make the en-
matter.
eral government to acquire and retain per-
actment of legislation to protect the rights
Finally, I am pleased that Congress has
sonal information on Americans, by requir-
of privacy of Americans possible. I will al-
acted with authority to establish, across
ing stricter review within agencies or criteria
ways be grateful to him for his most help-
the board in the Federal Government,
for collection and retention of such infor-
ful assistance to me.
fundamental protections of personal pri-
mation.
It is also to promote observance of valued
Mr. ERVIN. Mr. President, I would
vacy. The challenge now rests with the
principles of fairness and individual privacy
urge all Members of the Senate to sup-
Federal agencies to adopt regulations and
by those who develop, operate and admin-
port these amendments with my assur-
implement procedures to carry out the
ister other major institutional and organiza-
ance that I have been informed by the
intent of this statute. We intend to work
tional data banks of government and society.
House that the House will immediately
with the agencies and we hope that they
While this is a momentous day for the Sen-
take them and send the bill to the White
will cooperate fully, in return, with the
ate, it's work in the field of privacy is not
House and we will have, for the first time
Government Operations Committees of
completed with the adoption of this legis-
in the history of our Nation, some effec-
both Houses, in their oversight capacity,
lation. It will require aggressive oversight by
the Committee on Government Operations,
tive privacy legislation.
and with the Privacy Protection Study
and I would hope that Senator Muskie
Mr. PERCY. Mr. President, the com-
Commission, in its study capacity.
through his Subcommittee on Intergovern-
promise privacy bill we bring before the
Mr. MUSKIE. Mr. President, this is a
mental Relations, and that Senator Percy, as
Senate today is a remarkable achieve-
momentous day for the Senate and for
the ranking minority member of the Com-
ment. It marks the culmination of more
every citizen of this country on whom
mittee on Government Operations, will con-
than 10 years of concern and attention
the Government maintains a record.
tinue to exercise their leadership in this re-
by the Congress to the fundamental issue
The compromise agreement which has
gard.
of personal privacy. It represents the
been worked out between the Senate and
STATEMENT TO MEMBERS OF THE SUBCOMMITTEE
continuing efforts by the distinguished
the House under the able leadership of
ON CONSTITUTIONAL RIGHTS
senior Senator from North Carolina (Mr.
the chairman of the Committee on Gov-
Mr. ERVIN. Mr. President, when the Senate
ERVIN) to cultivate that concern and I
ernment Operations, Mr. ERVIN, repre-
approved S. 3418 in November, I paid tribute
believe this legislation is a fine tribute
sents the first major assault on the inva-
to the contributions of the members and the
to Senator ERVIN'S work.
sion of privacy in recent decades.
staff of the Government Operations Com-
I would like to strongly commend the
Mr. President, I would like to note the
mittee and to the staffs of the members of
staff of the Government Operations Com-
outstanding work in the development of
the Committee who had worked on the bill.
CXX—2547-Part
30
40410
CONGRESSIONAL RECORD-SENATE
December 17
this bill by Mr. James H. Davidson, of
of, the data must be regulated. Addition-
to authorize appropriations for
the staff of my Subcommittee on Inter-
ally, the nature of all data banks must
year 1975."
governmental Relations, who has spent
be announced. Individuals will have ac-
countless hours working on this legisla-
cess to inspect their records and must be
ORDER OF BUSINESS
tion.
told the source of the data and how it
The passage of this legislation will
is used. Finally, information challenged
Mr. ROBERT C. BYRD. Will the Sen
rightfully earn for this Congress the rep-
by an individual must be reinvestigated
ator from Nebraska yield for 30 seconds
utation as the Privacy Congress.
and, where proper, modified or corrected.
without losing his right to the floor?
While the courts have begun to recog-
I personally want to express my great
Mr. HRUSKA. I am happy to yield.
debt to the Senator from North Caro-
Mr. ROBERT C. BYRD. With
nize the capacity and the practices of
the government to invade the privacy of
lina for his efforts to remedy this
understanding his remarks not be inter
its citizens, it is the responsibility of the
problem.
rupted in the RECORD.
We did have differences with the
Mr. President, for the information
Congress to develop the legislative pro-
of
tection against those invasions.
House, but the compromise is an effort
the Senators, following this rollcall
The Federal Privacy Act draws upon
to deal with those differences in a very
would anticipate another measure that
the constitutional and judicial recogni-
frank and very healthy way.
will be coming up that would very likely
I appreciate the result of the labors of
generate another rollcall.
tion accorded to the right of privacy and
the gentleman and I want him to know
I thank the Senator.
translates it into a system of procedural
and substantive safeguards against ob-
it.
trusive Government information-gather-
Mr. ERVIN. I thank my friend from
PRIVACY ACT OF 1974
ing practices.
Tennessee and want to commend him
Until now we have allowed techno-
for the work he did in the Government
The Senate continued with the con-
logical advances in Federal recordkeep-
Operations Committee in this legislation.
sideration of the message from the House
ing to outpace our efforts to control and
Mr. President, I ask for the yeas and
of Representatives on the bill (S. 3418)
safeguard the information we have col-
nays on the motion.
to establish a Privacy Protection Com-
lected. This act would restore balance
The PRESIDING OFFICER. Is there
mission, to provide management systems
against those advances by adding new
a sufficient second? There is a sufficient
in Federal agencies and certain other
protections for every citizen.
second.
organizations wtih respect to the gather-
I am pleased to note that this act has
The yeas and nays were ordered.
ing and disclosure of information con-
developed an important balance between
Mr. ERVIN. I yield the floor.
cerning individuals, and for other
the rights of privacy of each of our citi-
Mr. HRUSKA. Mr. President.
purposes.
zens and the public need for disclosure of
The PRESIDING OFFICER. The Sen-
The PRESIDING OFFICER. The Sen-1
Government materials under the Free-
ator from Nebraska.
ator from Nebraska.
dom of Information Act.
Mr. HRUSKA. Mr. President, I yield
Mr. HRUSKA. Mr. President, I rise to
Mr. President, this legislation incor-
to the Senator from West Virginia, re-
suggest that the consideration of the in-
porates fundamental rights of fair in-
serving my right to the floor, for a brief
stant bill, S. 3418, pursuant to the mo-2
formation practices into Federal infor-
statement.
tion of the Senator from North Carolina,
mation systems. It is an important be-
is not exactly in keeping with the better
ginning. And I hope to be able to follow
AMENDMENT OF THE SOLID WASTE
traditions of this body regarding con-,
the implementation of this act in the
sideration of legislative of this gravity.
DISPOSAL ACT
next Congress through the work of my
I am not going to take very long, but I
Subcommittee on Intergovernmental
Mr. RANDOLPH. Mr. President, I re-
would like to recite briefly the chronology
Relations.
port from the Committee on Public
of this legislation and what we are doing
Mr. BROCK. Will the Senator yield?
Works H.R. 16045, and ask unanimous
here today.
Mr. ERVIN. I yield to the Senator
consent for its immediate consideration.
Last month, Mr. President, S. 3418 was
The PRESIDING OFFICER. The bill
from Tennessee.
approved by this body and sent to the
Mr. BROCK. Mr. President, may I
will be stated by title.
other body. The bill, incidentally, as
take a moment to express my gratitude
The assistant legislative clerk read as
passed by the Senate, was about C40
to the Senator from North Carolina for
follows:
printed pages in length.
his leadership in a matter in which I
A bill (H.R. 16045) to amend the Solid
The House also passed a measure, at
have had, as so many others have had, a
Waste Disposal Act to authorize appropria-
approximately the same time, H.R. 16373,
tions for fiscal years 1975 and 1976 and to
great, continuing, and growing concern.
which dealt with the question of privacy,
make certain technical and conforming
individuals' records. While many provi-
The privacy bill is a much-needed piece
changes, reported with an amendment.
of reform legislation which I am proud
sions of the House and Senate bill were
to have sponsored.
The PRESIDING OFFICER. Is there
similar, the Senate version contained
There is no question about the abuse
objection to the consideration of the bill.
provisions establishing a privacy com-
of personal privacy in this country, and
There being no objection, the Senate
mission, with far reaching powers, and
it is growing at a geometric rate each
proceeded to consider the bill (H.R.
providing extensive coverage of law en-
year. I understand, for example, that it
16045) which had been reported from
forcement records, features not found in
is presently possible to have every tele-
the Committee on Public Works with an
the House bill.
phone in America bugged.
amendment to strike out all after the
The other body took the Senate bill
Privacy is not a privilege, it is a basic
enacting clause and insert:
S. 3418, and, upon consideration thereof,
right, a fundamental freedom which is
That paragraph (2) of subsection (a) of
voted to strike all but the enacting clause
deeply rooted in our American heritage.
section 216 of the Solid Waste Disposal Act,
and insert entirely in place therein the
It is the ability to be secure in our
as amended (87 Stat. 11), is amended by
text of H.R. 16373, which consisted of
homes, persons, and papers. We simply
striking "and not to exceed $76,000,000 for
approximately 20 printed pages. Appar-
the fiscal year ending June 30, 1974." and in-
must take firm and specific action to
ently, the members of the Senate Gov-
serting in lieu thereof ", not to exceed $76,-
protect the people of this Nation from
ernment Operations Committee were dis-
000,000 for the fiscal year ending June 30,
the erosion of their personal liberties.
1974, and not to exceed $76,000,000 for the fis-
pleased with the House version. There
This bill, which addresses itself to the
cal year ending June 30, 1975."
was contact established between the
use and abuse of Federal data banks, es-
staff of the Government Operations
The amendment was agreed to.
tablishes several basic standards. First,
Committee of the Senate and the staff of
The amendment was ordered to be
only relevant personal information can
the Government Operations Committee
engrossed and the bill to be read a third
be collected, and the individual must be
of the House. There emanated there-
informed as to which data is required,
time.
from, Mr. President, the text and the
which is voluntary, why it is needed, and
The bill was read the third time, and
substance of the motion now pending by
under which authority. Second, only
passed.
way of an amendment to the House bill,
timely data may be maintained and dis-
The title was amended so as to read:
which I. understand was completed
seminated, and access to, and security
"To amend the Solid Waste Disposal Act
yesterday.
40411
December 17,1974
CONGRESSIONAL
This text, Mr. President, was sub-
of this legislation in order to strike a
ment Information Subcommittee chair-
mitted to my office less than 24 hours ago.
proper and equitable balance between
man and the ranking minority member
It consists of approximately 40 pages of
the individual's rights to privacy and
of the House Government Operations
typewritten material It is in many
society's interest in receiving good and
Committee, met together for a very ex-
respects from the bill as passed by the
effective law enforcement.
tended session to discuss our respective
Senate in the original instance. And it is
This legislation, represented by S.
bills.
different than the text of the bill that
2963 and S. 2964, is well along and near
We worked out compromises. We nego-
was approved by the other body
resolution. It is expected that similar
tiated differences. We came to an accord,
In addition to that text, I was fur-
legislation will be reported to the Sen-
and we put the stamp of approval of two
nished by the very courteous and dis-
ate floor early next year. It is my under-
Senators and two Congressmen, repre-
tinguished Senator from North Carolina
standing that the Members in the House
senting the chairmen and ranking mem-
with a copy of his remarks, consisting of
similiarly expect to act on legislation
bers of the respective committees, before
an analysis of House and Senate com-
dealing with law enforcement files early
it was brought before the Senate today.
promise amendments to the Federal
in the next Congress. It is further my
I believe that this one additional point
Privacy
Act.
understanding that this was the reason
would update and complete the historical
Let me suggest, Mr. President, that
that H.R. 16373 contained an exemption
account of this legislation up to this
this occurred about 24 hours ago. I be-
from most of its provisions for criminal
point.
lieve I received these remarks probably
law enforcement files and records, an
I thank my distinguished colleague.
at 4 o'clock yesterday afternoon and the
exemption which I found acceptable.
Mr. HRUSKA. I am happy to accept
actual text of the amendment shortly
The staff compromise we have before
that supplement to the description of
after 6 p.m.
us in the form of the amendment in
the history of this bill, Mr. President.
We adjourned the Senate, Mr. Presi-
question, however, narrows the law en-
It was not my intention to exclude from
dent, at about 6:40 p.m. yesterday. We
forcement exemption, by making addi-
the consideration of the amendment be-
convened at 9:30, as I remember it. I
tional provisions of the bill applicable
fore us the participation by members of
have been in committee most of the day.
to law enforcement.
the committee. But the bulk of the work,
I started my first committee meeting at
For example, the requirement that
I am confident, was done by the staff.
9:30 this morning.
an accounting of all disclosures of a
Many of the changes pertaining to law
I know all of my colleagues have been
record be kept for a period of 5 years,
enforcement may have been inadvert-
very busy in the later part of this ses-
"or for the life of the record, whichever
ently included with a full realization of
sion, in the closing hours of this session.
is the longer" would now be applied to
their total effect.
I make no apology for the fact that I
law enforcement files.
Mr. President, I am just going to out-
did not have time to read and to study
It should be noted that the statute of
line one other change. That has to do
this bill, nor the remarks of the Senator
limitations for civil suits related to im-
with the access to law enforcement rec-
from North Carolina. I did impose upon
properly disclosed records is only 2 years.
ords intelligence information by the pri-
my staff for the consumption on their
The provision that all future disclosures
vacy commission. The compromise with
part of a little midnight oil. I find, Mr.
of the record be accompanied by notice
which we are now confronted would
President, it is not quite as easy to ex-
of disputes as to its accuracy is also ap-
create a seven-member study commission
plain the lack of difference between the
plied to law enforcement records.
with a broad mandate to examine pri-
House bill and the compromise bill as we
Similarly, law enforcement would be
vacy considerations as applied, Mr. Pres-
might imagine.
covered by the requirement that pro-
ident, to Federal, State, and private
There are some things that are of real
posed rulemaking hearings be held with
records.
substance. There are some items that
respect to a statement of the routine uses
The study commission would have full
are of very substantial difference; and,
to which records would be subject.
access to all information relating to the
in my judgment, some items, on the
The expanded coverage of the law en-
performance of their function, and it
basis of this staff analysis, that would
forcement files is objectionable as a mat-
could issue subpenas as to enforce its
bear close study and scrutiny. and which
ter of principle, and may raise serious
request for information. I am concerned,
should receive a little more deliberate
practical problems of which we may be
Mr. President, that individual's rights
treatment than a mere consideration of
unaware after only a brief study of the
may be offended by fishing expeditions
the motion of amendment as proposed,
amendment.
by the commission into the raw back-
and which we are considering now.
Mr. PERCY. Would my distinguished
ground files maintained by the Govern-
Let me suggest, Mr. President, first of
colleague mind just a brief comment? If
ment and into other particularly
1-
all there is the suggestion, and there is
the distinguished Senator from Nebraska
sitive law enforcement and intelligence
the representation made, that the law
has finished the history of what hap-
records.
enforcement files are exempted. Of
pened on this legislation, I think for pur-
I feel the compromise gives the com-
course, that was one of our original ob-
poses of accuracy it would be well to
mission too broad authority to examine
jections to the bill as approved by the
make one insertion.
Government records under the language
Senate. When I say "our" I mean those
Mr. HRUSKA. I will yield briefly for
in the bill.
who are interested with me in the
that purpose. I do not want to detain the
I ask unanimous consent, Mr. Presi-
preservation of the integrity of law en-
Senate too long. I shall cite one other
dent, that this memorandum, which was
forcement files, particularly the inves-
example of detriment in the proposed
prepared by staff and from which I have
tigatory files, and to prevent a com-
amendment. Then I shall put the rest of
quoted, and which I have checked with
promise thereof.
this statement into the RECORD. If it is a
the text of the bill and its prop
As I suggested at that time, the area
brief comment, I will be happy to yield.
compromise, be printed in the RECORD at
of law enforcement files is of such com-
Mr. PERCY. I very much appreciate
this point.
plexity that it should not be dealt with
the deep interest that our distinguished
There being no objection, the memo-
on the same terms as civil records. I
colleague has taken in this legislation.
randum was ordered to be printed in the
believe it can be readily understood that
It would be, I believe, unfair to the
RECORD, as follows:
criminal justice or law enforcement in-
Senate to assume, however, that what
MEMORANDUM
formation gives rise to problems requir-
has resulted is a result only of staff dis-
The "final" staff- compromise which is
ing treatment different from that of in-
cussions between the House and Senate.
now before the Senate presents real prob-
formation used to carry out the social,
Obviously, on this legislation, as in most
lems for law enforcement generally.
health, or money benefit programs in
legislation, staff has done a great deal of
Exemption of law enforcement files. H.R.
which the Government may be involved.
work. But we cannot overlook the fact
16373 contained an exemption from most of
Law enforcement records should be
that Senator ERVIN and myself, as the
its provisions for criminal law enforcement
treated in separate legislation.
chairman and the ranking minority
files and records. It was acceptable in this
The Senate Constitutional Rights
member of the Senate Government Op-
regard. The staff compromise narrows the
law enforcement exemption, thus making
Subcommittee presently has such legis-
erations Committee, and Congressman
additional provisions of the bill applicable
lation before it, S. 2963 and S. 2964.
MOORHEAD of Pennsylvania, and Con-
to law enforcement. For example, the re-
Many hours of hearings and research
gressman ERLENBORN, of Illinois, as the
quirement that an accounting of all dis-
have gone into perfecting the provisions
House Foreign Operations and Govern-
closures of a record be kept for a period of
40412
CONGRESSIONAL RECORDSENATE
December 17 1974
five years "or the life of the record which-
that investigatory files be accurate, complete,
objective of my good friend from North
ever is longer" would now be applied to law
timely and relevant before they are dis-
Carolina to protect Americans in thair
enforcement files. (Note that the statute of
seminated regardless of the purpose of the
limitations for civil suits relating to improp-
dissemination. Presumably this would even
right to privacy. The declared purposes
erly disclosed records is only two years). The
apply to old investigatory records made
of this bill are desirable and worthy II
provision that all future disclosures of the
available pursuant to the historic records
is, Mr. President, only some of the spe
record be accompanied by notice of disputes
policy adopted under the Freedom of In-
cific features of the bill, which I have
as to its accuracy is also applied to law en-
formation Act.-See $ 3(e) (6) p. 16
mentioned briefly, with which I have
forcement records. Compare p. 24 with page
Access to law enforcement records. The
question.
9. Similarly, law enforcement would be cov-
staff compromise would create a seven mem-
I do not know how many copies of this
ered by the requirement that proposed rule
ber study commission with a broad mandate
40-page typewritten manuscript which
making hearings be held with respect to a
to examine privacy considerations as applied
statement of the "routine uses" to which
to federal, state and private records. The
contains the compromise measure have
such records would be subject. p. 17. The
study commission would have "full access to
been made, or how many are available
expanded coverage of law enforcement files
all information relating to the performance
As I indicated, I did not get one in my
is objectionable as a matter of principle and
of their functions" and could issue sub-
office until 6:30 last night. I have not
may raise serious practical problems.
poenas to enforce its requests for informa-
made inquiry as to its distribution. It
New provisions concerning law enforce-
tion. This could include requests for "raw
just seems to me that notwithstanding
ment. The staff compromise defines records
files" and other sensitive law enforcement
as including not only collections of informa-
the lateness of this session, this subject
and intelligence records. The staff compro-
tion about individuals but also an "Item" of
and this measure are entitled to a little
mise, we feel, gives the Commission top
information about an individual. The intent
broad authority to examine government
more deliberate, proper, and complete
of this change is not clear but it could be
records. [p. 38] § 5(e) (1)
consideration by the Senate. It is an
read so broadly as to include any single
Civil law enforcement problems. The bill
important subject and I hope that in our
piece of paper bearing an individual's name
requires that whenever an agency seeks in-
rush to enact this legislation that we are
within the meaning of record even though
formation from an individual it must in-
not inadvertently including provisions
it may be filed as part of an investigatory
form him of the source of its authority to
that will trouble us later.
file on a corporation or on some other indi-
seek the information, the purpose for which
vidual. This would, among other things, re-
I have no disposition to get into the
it is sought, routine uses that may be made
quire that annual notice of such "items"
of it, and the effects of not providing the in-
matter of proposing an amendment at
be published in the Federal Register. See
formation. Criminal law enforcement is
this time. If I did, Mr. President, I would
$ 3(a) (4) (p. 5]
exempt from these provisions but civil law
propose an amendment by way of a sub-
The new definition of record also includes a
enforcement is not. In certain cases such as
stitute to reinstate, a substitute for the
reference to fingerprints, voice prints and
civil frauds, civil rights investigations, anti-
Ervin amendment, by way of a substitute
photographs. The same reference is not in-
trust investigations, etc. this may produce
to that, the text of the bill as originally
cluded, however, in the description of those
an inhibiting effect on a potential witness.
passed by the House, which was under-
law enforcement files which may be exempted
(There is also the incidental burden of in-
from provisions of the bill such as individual
standable, which had been closely stud-
cluding all of this information on all appli-
access to records or limitations on disclosure.
cant forms as well.)
ied; and with which we have had some
without the individual's consent. While it
In a related vein, each agency is required
familiarity. I shall not do that, because
would be ludicrous to interpret the bill to re-
to publish annually a description of its rec-
to do that at this late hour would be
quire a fugitive's consent before his photo-
ords systems. Except in the case of law en-
putting the Senate in the same position
graph is displayed on a wanted poster, the bill
forcement, national defense, and similar files,
with regard to that substitute measure
literally has this effect. Moreover, it may be
a description of the "categories of sources"
that it is placed in with regard to the
read to permit individual access to photo-
is to be included in the description. This too
principal amendment-to wit, we would
graphs or voice prints in an investigatory
may present difficulties with respect to civil
not have that discretion and we would
file even though access to the file itself is not
rights, fraud, and antitrust investigations
permitted by the bill. 3(a) (4) [p. 5]
where sources may require as much protec-
not have that amplification upon the
"Routine" exchanges of information among
tion as they do in criminal cases.
content of the amendment, and that
government agencies-see 3(a) (7) [p. 6] 3
An agency would be required to serve no-
would not be fair.
(b) (3) [p. 6]-are permitted by the bill so
tice on an individual when a record pertain-
So I submit again, Mr. President, that
long as annual notice describing such rou-
ing to the individual is to be disclosed sub-
it is a mistake to proceed at this late
tine exchanges is published. We were suc-
ject to "compulsory legal process." While
hour with the consideration of the pend-
cessful in obtaining a flower explanation of
law enforcement records would be exempt
ing amendment. It is my hope that it
routine exchange in the House which would
from this requirement, civil investigatory
be helpful to law enforcement. The bill, how-
files would not be. Again this may present
will not be approved. If the amendment
ever, has added a definition of "routine use"
particular problems with respect to those
before us does not succeed, we will have
which may present problems for law enforce-
civil actions which are quasi-criminal in na-
before the House version of the privacy
ment. "Routine" use is defined as that which
ture. Moreover, it places an enormous bur-
bill which I find an extremely meritorous
is compatible wtih the purpose for which the
den on agencies and may, through motions
measure. It will readily achieve the ob-
information was originally collected. There
to quash and similar interventions, seriously
jectives of the protection of privacy we
may be numerous exchanges of information
delay civil litigation.
seek and would receive my strong sup:
with the FBI that are now undertaken by
Relationship to Freedom of Information
non-law enforcement agencies which would
Act. The Staff draft expressly provides that
port.
nothing in the Freedom of Information Act
The PRESIDING OFFICER. The ques-
not fall within the scope of this definition,
for example, information concerning possible
permits withholding a record from the sub-
tion is on agreeing to the motion of the
civil disturbance activities. If such exchanges
ject of that record. This presents no serious
Senator from North Carolina. On this
do not fall within the definition of routine
problems since the bill itself permits with-
question the yeas and nays have been
use then it would be necessary to secure the
holding investigatory and similar files from
ordered, and the clerk will call the roll
consent of the individual before furnishing
the individual. The bill also provides, how-
The legislative clerk called the roll.
it to the FBI or it would be necessary for the
ever, that disclosure is not permitted with-
Mr. ROBERT C. BYRD. I announce
Director to make a written request for the
out an individual's consent unless disclosure
would be required under FOI. Since the FOI
that the Senator from Texas (Mr. BENT-
information.
Since the information is of the sort nor-
Act itself authorizes the refusal of disclosure
SEN), the Senator from Nevada (Mr.
mally brought to our attention only when
where this would constitute an "unwar-
BIBLE) the Senator from Alaska (Mr.
it is voluntarily provided to us, the provision
ranted invasion of privacy" the privacy bill's
GRAVEL), the Senator from Rhode Island
for requesting such records is virtually
disclaimer of any intent to affect FOI is
(Mr. PASTORE), the Senator from Cali-
meaningless.
circular. In the face of the disclaimer, the
fornia (Mr. CRANSTON), the Senator from
Among the new provisions added to the
government's efforts to mesh the two bills
Mississippi (Mr. EASTLAND), the Senator
staff compromise is a requirement that be-
when faced with litigation over the nondis-
from Arkansas (Mr. FULBRIGHT), the
fore disseminating a record the agency must
closure of records to protect privacy may
Senator from Louisiana (Mr. JOHNSTON)
assure that the record is accurate, com-
meet considerable difficulty.
the Senator from Arkansas (Mr. Mc-
plete, timely and relevant. No standard is
provided as to the proper application of
Mr. HRUSKA. Mr. President, the mo-
CLELLAN), the Senator from Connecticut
these terms. The provision is applicable to
tion before us and the amendment before
(Mr. RIBICOFF), and the Senator from
law enforcement files as well as all other
us may be a good one. It may have merit.
Georgia (Mr. TALMADGE) are necessarily
records. It would, of course, put the burden
Maybe that would be the ultimate re-
absent.
on the Identification Division to assure the
sult of the action taken by the Senate.
I further announce that the Senator
completeness and relevance, as well as ac-
curacy, of all rap sheets before dissemina-
As I indicated when S. 3418 was before
from Montana (Mr. MANSFIELD) is ab-
tion. Moreover, it would appear to require
us last month, Mr. President, I share the
sent on official business.
December 17, 1974
CONGRESSIONAL
40413
I also announce that the Senator from
architectural resources of the Lowell Historic
industrial growth of that era. Lowell
Maine (Mr. HATHAWAY) is absent be-
Canal District in Lowell, Massachusetts, and
drew admiring visitors from both the
cause of a death in the family.
for other purposes.
United States and abroad, and the area
I further announce that, if present
Mr. JACKSON. Mr. President, this is
drew wide attention for its success in
and voting, the Senator from Rhode Is-
a House-passed bill which calls for the
combining industrial and social values.
land (Mr. PASTORE) would vote "yea."
expenditure of no more than $150,000 to
The experiment that was Lowell at last
Mr. GRIFFIN. I announce that the
study and prepare a plan for the historic
began to change. Following the Civil
Senator from Oklahoma (Mr. BELLMON)
preservation of the Lowell Canal District
War, increased competition, lower labor
and the Senator from Utah (Mr. BEN-
in Lowell, Mass.
costs in other areas, and poor manage-
NETT) are necessarily absent.
I have cleared the matter with the
ment all played a part in leading to the
The result was announced-yeas 77,
minority. Both Senators from Massa-
decline in prominence of the Lowell area.
nays 8, as follows:
chusetts have expressed a strong interest
Now there is widespread support from
the citizens of Lowell as well as historians
[No. 567 Leg.]
in this legislation, and I hope that the
YEAS-77
Senate will take appropriate action.
and other interested parties for preserv-
Mr. KENNEDY. Mr. President, I rise
ing and restoring the structures and
Abourezk
Goldwater
Moss
Allen
Griffin
Muskie
in support of H.R. 14689, the Lowell His-
areas which interpret the significance of
Baker
Hansen
Nelson
toric Canal District bill. The Lowell area
Lowell. Perhaps the single event which
Bartlett
Hart
Nunn
has been one of the hardest hit in the
catalyzed this interest was the demolish-
Bayh
Hartke
Packwood
Beall
Haskell
Pearson
Nation in our deepening recession. This
ing of the original Merrimack Manufac-
Biden
Hatfield
Pell
bill will provide a significant step to-
turing Co. mill to make way for a high
Brock
Helms
Percy
ward restoring Lowell to its potential
rise structure. It became apparent that
Brooke
Hollings
Proxmire
Buckley
Huddleston
Randolph
place in our economy, while helping re-
without some organized approach, the
Burdick
Hughes
Roth
store Lowell's historic significance to the
important reminders of Lowell as a part
Byrd,
Humphrey
Schweiker
State of Massachusetts and to the Na-
of our growth as a Nation will disappear
Harry F., Jr.
Inouye
Scott, Hugh
Scott,
tion at large.
through attrition. H.R. 14689 is the vehi-
Byrd, Robert C. Jackson
Cannon
Javits
William L.
This bill provides $150,000 for the de-
cle through which a plan that takes ac-
Case
Kennedy
Sparkman
velopment of a plan for the preserva-
count of the history and the present and
Chiles
Long
Stafford
tion, development, interpretation, and
future needs of this area can be devel-
Church
Magnuson
Stennis
Clark
Mathias
Stevens
use of the historic, cultural, and archi-
oped.
Cook
McClure
Stevenson
tectural resources of Lowell, Mass. The
In addition to the $150,000 provided
Dole
McGee
Symington
nine-member Commission, composed
in this bill, it is gratifying to know that
Domenici
McGovern
Thurmond
Dominick
McIntyre
of private citizens as well as government
the State of Massachusetts has pledged
Tunney
Eagleton
Metcalf
Weicker
officials, is to produce a plan for protect-
$9,700,000 in further support of the proj-
Ervin
Metzenbaum
Williams
ing and restoring the historic properties
ect associated with this legislation.
Fannin
Mondale
Fong
Montoya
in Lowell and make specific recommen-
Mr. President, I wish to thank the Sen-
dations for its implementation. The com-
ator from Washington (Mr. JACKSON)
NAYS-8
pleted plan is to be submitted to Con-
the chairman of the Interior Committee
Aiken
Gurney
Tower
Cotton
Hruska
Young
gress within 2 years. Further congres-
and the Senator from Nevada (Mr. BI-
Curtis
Taft
sional action will then be necessary to
BLE) the chairman of the subcommit-
NOT VOTING-15
authorize any Federal commitment in
tee for their support and aid in steer-
Bellmon
Eastland
implementing the recommendations.
ing this legislation to consideration by
Mansfield
Bennett
Fulbright
McClellan
Lowell, Mass., represents an important
the Senate.
Bentsen
Gravel
Pastore
and often neglected chapter of Ameri-
This bill will help restore Lavell's place
Bible
Hathaway
Ribicoff
can history. The coming of the indus-
in the Nation's history and help strength-
Cranston
Johnston
Talmadge
trial revolution, with all its concomitant
en its present economic situation. I urge
So Mr. ERVIN'S motion to concur in the
social and economic effects, is the story
the Senate to pass this bill.
House amendment with amendments was
to be told here.
Mr. BROOKE. Mr. President, today is
agreed to.
The falls of the Merrimack River at-
a day the citizens of Lowell, Mass., have
Mr. ERVIN. Mr. President, I move to
tracted the attention of the pioneering
long been waiting for. The city of Lowell
reconsider the vote by which the Senate
New England industrialists in the early
is one of America's oldest industrial cen-
amendments were agreed to.
19th century. They realized the power of
ters and possesses what is probably the
Mr. CHURCH. Mr. President, I move
the water falling through the locks of a
finest set of working canals and mills in
to lay that motion on the table.
transportation canal which bypassed the
this country. The Senate action today
The motion to lay on the table was
rapids could be harnessed to drive the
has all but insured that much of this
agreed to.
textile machinery that was then being
great city will be preserved for all Amer-
Mr. ROBERT C. BYRD. Mr. President,
developed. The Merrimack Manufactur-
icans as an example of the kind of indus-
I ask unanimous consent that the Sen-
ing Co. pioneered the growth of Lowell,
trial center that made this country what
ator from Washington (Mr. JACKSON)
improving the canal and constructing the
it is today.
may proceed for 1 minute.
first of the major industries to locate in
This bill sets in motion a study which
The PRESIDING OFFICER. Without
what was then a remote and thinly set-
objection, it is so ordered.
will decide exactly what the best course
tled area.
of preservation should be for this great
Of signal importance in this process
city. It will only cost $150,000 and in re-
LOWELL HISTORIC CANAL DISTRICT
was that the industrialists, recognizing
turn the people of this country will be
the need for a stable labor source as well
able to see for themselves what indus-
Mr. JACKSON. Mr. President, I move
as the water power Lowell had to offer,
trial America looked like in the 19th
that the Committee on Interior and In-
developed the area as a planned indus-
century.
sular Affairs be discharged from the con-
trial community. Their intent was to dis-
I commend Senator JACKSON and the
sideration of H.R. 14689, and that it be
pel the fears of the evils of industrial
Senate Interior and Insular Affairs Com-
laid before the Senate for immediate
change which had grown out of the early
consideration. Mr. President, this matter
factory complexes in England. To ac-
mittee for their prompt action on this
has been cleared with the minority. It
complish this, the companies constructed
bill and I commend my colleagues for
is a very minor bill. Both Senators from
a model community in which even the
their support. I would also like to take
Massachusetts have expressed their in-
off-duty hours of employees were super-
this opportunity to commend the dili-
terest in it.
vised.
gent work of Representative PAUL
The motion was agreed to.
The early years of this industrial de-
CRONIN. He has skillfully managed this
The PRESIDING OFFICER. The bill
velopment saw Lowell hailed as an indus-
measure through the House and deserves
will be stated by title.
trial utopia. The management of the
much of the credit for its success in this
The legislative clerk read as follows:
town by the companies, while classified
session of the Congress. We have insured
A bill (H.R. 14689) to provide for a plan
by modern standards as paternalistic,
that future generations will have a first-
for the preservation, interpretation, develop-
represented a major departure from
hand glimpse of one of American his-
ment, and use of the historic, cultural, and
many of the exploitative aspects of the
tory's important chapters.
40730
40731
UNGRESSIONAL RECORD-SENATE
December 1974
December 18, 1974
CON
81,
TRACT NUMBERED 6
ment systems in Federal agencies and
I would therefore move that the Sen-
ne-
certain other organizations with respect
ate concur in the House amendments to
The reserved mineral deposits, including
na, the right to prospect for and remove the
to the gathering and disclosure of in-
the Senate amendments to the House
same, in and under lands described as the
formation concerning individuals, and
amendments.
south half of lot 2 (southwest quarter north-
for other purposes as follows:
The PRESIDING OFFICER. The ques-
th-
west quarter), and that part of the south-
tion is on agreeing to the motion of the
th,
west quarter southeast quarter northwest
(1) Page 16, strike out lines 1 through 10,
Senator from North Carolina (Mr.
quarter lying west of the centerline of Okla-
inclusive, and insert:
nie
homa State Highway Numbered 18 and ad-
"(6) prior to disseminating any record
ERVIN)
Ing
about an individual to any person other
The motion was agreed to.
est jacent to the south half of said lot 2, all in
than an agency, unless the dissemination is
320 section 31; township 10 north, range 4 east,
made pursuant to subsection (b) (2) of this
est Indian meridian, Pottawatomie County,
section, make reasonable efforts to assure
on; Oklahoma, containing 19.87 acres, more or
that such records are accurate, complete
ALLEVIATION OF SUFFERING FROM
eet less, which lands were previously conveyed to
timely, and relevant for agency purposes;
HUNGER AND MALNUTRITION-S
the Pottawatomie County, Oklahoma, by quit-
ad claim deed dated December 17, 1959, pur-
"(7) maintain no record describing how
2792
suant to the Act of June 4, 1953 (67 Stat. 71;
any individual exercises rights guaranteed
Mr. HUMPHREY. Mr. President, there
ng
356 25 U.S.C. 293a). said deed appearing of rec-
by the First Amendment unless expressly
ord in Pottawatomie County, Oklahoma, in
authorized by statute or by the individual
is at the desk a report from the Commit-
the
about whom the record is maintained or
tee on Agriculture and Forestry relating
ast deed book 174 at page 367 of the land rec-
of
ords of said county.
unless pertinent to and within the scope
to the modification of Public Law 480, a
of an authorized law enforcement activity;
bill that was unanimously reported by
ng
TRACT NUMBERED 7
(2) Page 24, strike out all after line 10
the Committee on Agriculture and For-
ter
That part of lot 1 (northwest quarter of
over to and including line 24 on page 25, and
to
estry, which has the support of the Presi-
northwest quarter) and north half of lot 2
insert:
.29
dent and the Office of Management and
(north half of southwest quarter of north-
"(j) GENERAL EXEMPTIONS-The head of
quarter) and the part of the north half
any agency may promulgate rules, in ac-
Budget.
of the southeast quarter of the northwest
cordance with the requirements (includ-
I ask unanimous consent for the im-
h- quarter lying west of the east right-of-way
ing general notice) of sections 553 (b) (1)
mediate consideration of the bill.
th, line of Oklahoma State Highway Numbered
(2), and (3), (c), and (e) of this title, to
The PRESIDING OFFICER. Is there
nie 18, all in section 31, township 10 north,
exempt any system of records within the
objection to the request of the Senator
ng range 4 east of the Indian meridian, Potta-
agency from any part of this section except
from Minnesota?
1st watomie County, Oklahoma, containing 57.99
subsections (b), (c) (1) and (2), (e) (4) (A)
There being no objection. the
ate
th acres, more or less, subject to the right of
through (F), (e) (6), (7). (9), (10), and
11;
the Absentee Shawnee Tribe of Indians of
(11), and (1) if the system of records is-
proceeded to consider the bill (S. 2792)
,id Oklahoma, the Sac and Fox Tribe of Indians
'(1) maintained by the Central Intelli-
to amend the Agricultural Trade De-
Is- of Oklahoma, the Kickapoo Tribe of Indians
gence Agency; or
velopment and Assistance Act of 1954
th of Oklahoma, and the Iowa Tribe of Indians
"(2) maintained by an agency or compo-
to provide the United States with the
ay of Oklahoma to use the Potawatomi com-
nent thereof which performs as its principal
flexibility with which to participate in
ng munity house that may be constructed and
function any activity pertaining to the en-
efforts to alleviate the suffering and
of maintained thereon.
forcement of criminal laws, including police
human misery of hunger and malnutri-
of
Amend the title so as to read: "An Act to
efforts to prevent, control, or reduce crime
tion which had been reported from the
er authorize the conveyance of certain lands to
or to apprehend criminals, and the activities
he the United States in trust for the Citizen
of prosecutors, courts, correctional, proba-
Committee on Agriculture and Forestry
ne Band of Potawatomi Indians."
tion, pardon, or parole authorities, and which
with an amendment to strike out all after
8;
consists of (A) information compiled for the
the enacting clause and insert:
Mr. BARTLETT. Mr. President, while
t-
purpose of identifying individual criminal
PUBLIC LAW 480
of the House has amended S. 3359, the
offenders and alleged offenders and consist-1
SECTION 1. The last sentence of section
er, change is technical in nature and does
ing only of identifying data and notations of
401 of the Agricultural Trade Development
a- not detract from the version of the bill
arrests, the nature and disposition of crimi-
and Assistance Act of 1954, as amended. is
h- as passed by the Senate. The amend-
nal charges, sentencing, confinement, release,
62 ment is acceptable to both the majority
and parole and probation status; (B): infor-
amended by striking out the period and in-
1g and minority sides of the aisle.
mation compelled for the purpose of a crimi-
serting in lieu thereof a comma and the
nal investigation, including reports of in-
following: "unless the Secretary determines
Therefore, Mr. President, I move that
formants and investigators, and associated
that some part of the exportable supply
the Senate concur in the amendment of
should be used to carry out the national in-
with an identifiable individual; or (C) re-
1- the House to S. 3359.
terest and humanitarian objectives of this
ports identifiable to an individual compiled
h,
The PRESIDING OFFICER. The
at any stage of the process of enforcement of
Act: Provided, That no commodity may be
ie qu tion is on agreeing to the motion of
the criminal laws from arrest or indictment
made available for disposition under this Act
to any country in any fiscal year unless the
1g st the Senator from Oklahoma (Mr. BART-
through release from supervision.
Secretary determines, and certifies such de-
1g
LETT).
At the time rules are adopted under this
termination to the Congress. that all domes-
37
The motion was agreed to.
subsection, the agency shall include in the
tic feeding programs, including. but not lim-
Mr. BARTLETT. Mr. President, I
statement required under section 553 (c) of
:-
ited to, the programs provided for under the
by
yield the floor.
this title, the reasons why the system of
National School Lunch Act, as amended, and
8;
records is to be exempted from a provision)
The PRESIDING OFFICER. The Sen-
the Child Nutrition Act of 1966, as amended,
of this section."
t- ator from West Virginia.
will be provided in such fiscal year with the
10
(3) Page 42, strike out lines 11; through
same types and kinds of agricultural com-
Mr. ROBERT C. BYRD. Mr. President,
21, and insert:
3
1-
modities and in the same or greater 9 ti-
h if the distinguished Senator from Min-
"(h) (1) Any member, officer, or employee
ties at which each such type and kind of
of nesota would allow me, I would like to
of the Commission, who by virtue of his em-y
commodity was provided for such programs
or suggest that the distinguished Senator
ployment or official position, has possession
during the fiscal year ending June 30, 1974,
from North Carolina be recognized at
of, or access to, agency records which con-
and in determining the types, kinds, and
tain individually identifiable information the
this time.
quantities of commodities made available
disclosure of which is prohibited by this sec-
1-
for any such program during the fiscal
tion, and who knowing that disclosure of the
h,
ending June 30, 1974, the Secretary shall in-
specific material is so prohibited, willfully
le
clude commodities made available from
discloses the material in any manner to any
ig
FEDERAL PRIVACY ACT
every source, including, but not limited to,
person or agency not entitled to receive
it
those made available under section
Mr. ERVIN. Mr. President, I ask the
shall be guilty of a misdemeanor and fined
h
Agricultural Act of 1949, those m:
not more than $5,000.
er Chair to lay before the Senate a mes-
"(2) Any person who knowingly and will-
able with funds from section 32 of
to sage from the House of Representatives
August 24, 1935, and those made
fully requests or obtains any record concern
by on S. 3418.
with funds of the Commodity Cred
ing an individual from the Commission un
"e
ration as authorized by section 7
The PRESIDING OFFICER (Mr.
der false pretenses shall be guilty of a mis
ly NUNN) laid before the Senate the
demeanor and fined not more than $5,000.
Food and Agriculture Act of 1965."
e h amendments of the House of Represen-
FOOD STAMP ACT
Mr. ERVIN. Mr. President, the House,
Sec. 2. Section 4(a); of the Fox
it tatives to the amendments of the Senate
amendments to the Senate amendments
Act of 1964, as amended, is by
a to the amendments of the House to the
to the House amendments are merely
striking out the period at the end thereof
:- bill (S. 3418) to establish a Privacy Pro-
technical in nature and there is no op
and adding the following: "Provided, That
tection Commission, to provide manage-
position to them, so far as I can find.
effective. March 1, 1975, no less than 20 per
December 18, 1974
CONGRESSIONAL RECORD-HOUSE
40879
or the Commission, and may be served by
(a), to carry out the projects assigned
to
volved in the conduct of Indian affairs since
such person or persons as may be designated
them.
the 1928 Meriam Report conducted by the
by such Chairman or member. The Chairman
(e) Each task force appointed by the Com-
Institute for Government Research; and
of the Commission or any member thereof
mission shall, within one year from the date
bei(e) in carrying out its responsibilities
may administer oats or affirmations to wit-
of the appointment of its members, submit
under its plenary power over Indian affairs,
nessses.
to the Commission its final report of investi-
it is imperative that the Congress now cause
(b) The provisions of sections 192 through
gation and study together with recom-
such a comprehensive review of Indian af-
194, inclusive, of title 2, United States Code,
mendations thereon.
fairs to be conducted.
shall apply in the case of any failure of any
REPORT OF THE COMMISSION
DECLARATION OF PURPOSE
witness to comply with any subpena when
SEC. 5. Upon the report of the task forces
summoned under this section.
Congress declares that it is timely and
made pursuant to section 4 hereof, the Com-
(c) The Commission is authorized to se-
essential to conduct a comprehensive review
mission shall review and compile such re-
cure from any department, agency, or instru-
of the historical and legal developments
ports, together with its independent find-
mentality of the executive branch of the
underlying the Indians' unique relationship
ings, into a final report. Within six months
with the Federal Government in order to de-
Government any information it deems neces-
after the reports of the investigating task
sary to carry out its functions under this
termine the nature and scope of necessary
forces, the Commission shall submit its final
resolution and each such department,
revisions in the formulation of policies and
report, together with recommendations
agency, or instrumentality is authorized and
programs for the benefit of Indians.
thereon, to the President of the Senate and
directed to furnish such information to the
the Speaker of the House of Representatives.
Mr. MEEDS (during the reading)
Commission and to conduct such studies
The Commission shall cease to exist six
Mr. Speaker, I ask unanimous consent
and surveys as may be requested by the
months after submission of said final report
that the Senate amendments to the
Chairman or the Vice Chairman when act-
but not later than June 30, 1977. All records
ing as Chairman.
House amendments be considered as
(d) If the Commission requires of any
and papers of the Commission shall there-
read.
upon be delivered to the Administrator of
witness or of any Government agency the
The SPEAKER. Is there objection to
the General Services Administration for
production of any materials which have
deposit in the Archives of the United States.
the request of the gentleman from
theretofore been submitted to a Govern-
(b) Any recommendation of the Commis-
Pennsylvania?
ment agency on a confidential basis, and the
sion involving the enactment of legislation
There was no objection.
confidentiality of those materials is pro-
shall be referred by the President of the
The Senate amendments to the Ho
tected by statute, the material so produced
Senate or the Speaker of the House of Repre-
shall be held in confidence by the Commis-
amendments were concurred in.
sentatives to the appropriate standing com-
sion.
A motion to reconsider was laid on the
mittee of the Senate and House of Repre-
INVESTIGATING TASK FORCES
table.
sentatives, respectively, and such commit-
SEC. 4. (a) As soon as practicable after the
tees shall make a report thereon to the re-
organization of the Commission, the Com-
spective house within two years of such
PRIVACY PROTECTION
mission shall, for the purpose of gathering
referral
COMMISSION
facts and other information necessary to
COMMISSION STAFF
carry out its responsibilities pursuant to sec-
SEC. 6. (a) The Commission may by record
Mr. MOORHEAD of Pennsylvania. Mr.
tion 2 of this resolution, appoint investigat-
vote of a majority of the Commission mem-
Speaker, I ask unanimous consent to
ing task forces to be composed of three per-
bers, appoint a Director of the Commission,
take from the Speaker's desk the Senate
sons, a majority of whom shall be of Indian
a General Counsel, one professional staff
bill (S. 3418) to establish a Privacy Pro-
descent. Such task forces shall be appointed
member, and three clerical assistants. The
tection Commission to provide manage-
and directed to make preliminary investiga-
Commission shall prescribe the duties and
tions and studies in the various areas of
ment systems in Federal agencies and
responsibilities of such staff members and
Indian affairs, including, but not limited to-
fix their compensation at per annum gross
certain other organizations with respect
(1) trust responsibility and Federal-
rates not in excess of the per annum rates of
to the gathering and disclosure of infor-
Indian relationship. including treaty review;
compensation prescribed for employees of
mation concerning individuals, and for
(2) tribal government;
standing committees of the Senate.
other purposes, with Senate amend-
(3) Federal administration and structure
(b) In carrying out any of its functions
ments to the House amendments and
of Indian affairs;
under this resolution, the Commission is
concur in the Senate amendments with
(4) Federal, State, and tribal jurisdiction;
authorized to utilize the services, informa-
an amendment.
(5) Indian education;
tion, facilities, and personnel of the Execu-
(6) Indian health;
The Clerk read the title of the bill.
tive departments and agencies of the Gov-
(7) reservation development;
ernment, and to procure the temporary or
The Clerk read the Senate amend-
(8) urban, rural nonreservation, termi-
intermittent services of experts or consult-
ments, as follows:
nated, and nonfederally recognized Indians;
ants or organizations thereof by contract at
(1) Page 16, strike out lines 1 through 10,
and
rates of compensation not in excess of the
inclusive, and insert:
(9) Indian law revision, consolidation, and
daily equivalent of the highest per annum
(6) prior to disseminating any record
codification.
rate of compensation that may be paid to
about an individual to any person other than
(b) (1) Such task forces shall have such
employees of the Senate generally.
an agency, unless the dissemination is made
powers and authorities, in carrying out their
SEC. 7. There is hereby authorized to be
pursuant to subsection (b) (2) of this sec-
responsibilities, as shall be conferred upon
appropriated a sum not to exceed $2,500,000
tion, make reasonable efforts to assure that
them by the Commission, except that they
to carry out the provisions of this resolu-
such records are accurate, complete, timely,
shall have no power to issue subpenas or to
tion. Until such time as funds are appro-
and relevant for agency purposes;
administer oaths or affirmations: Provided,
priated pursuant to this section, salaries and
(7) maintain no record describing how
That they may call upon the Commission or
expenses of the Commission shall be paid
any individual exercises rights guaranteed
any committee thereof, in the Commission's
from the contingent fund of the Senate upon
by the First Amendment unless expressly
discretion, to assist them in securing any
vouchers approved by the Chairman. To the
authorized by statute or by the individual
testimony, materials, documents, or other
extent that any payments are made from
:about whom the record is maintained or un-
information necessary for their investiga-
the contingent fund of the Senate prior to
less pertinent to and within the scope of an
tion and study.
the time appropriation is made, such pay-
authorized law enforcement activity:
(ii) The Commission shall require each
ments shall be chargeable against the maxi-
(2) Page 24, strike out all after line 10
task force to provide written quarterly re-
mum amount authorized herein.
over to and including line 24 on page 25, and
ports to the Commission on the progress of
In lieu of the matter proposed to be in-
insert:
the task force and, in the discretion of the
serted by the House engrossed amendment to
GENERAL EXEMPTIONS-The head of
Commission, an oral presentation of such re-
the preamble of the resolution insert:
(any agency may promulgate rules, in accord-
port. In order to insure the correlation of
CONGRESSIONAL FINDINGS
|ance with the requirements (including gen-
data in the final report and recommenda-
eral notice) of sections 553(b) (1). (2), and
tions of the Commission, the Director of the
The Congress, after careful review of the
(3), (c), and (e). of this title, to exempt any
Commission shall coordinate the independ-
Federal Government's historical and special
system of records within the agency from
ent efforts of the task force groups.
legal relationship with American Indian
any part of this section except subsections
(c) The Commission may fix the compensa-
people, finds that-
(b), (c) (1) and (2), (e) (4) (A) through
tion of the members of such task forces at
(a) the policy implementing this relation-
(F), (e) (6), (7), (9), (10), and (11), and
a rate not to exceed the daily equivalent of
ship has shifted and changed with changing
(i) if the system of records is-
the highest rate of annual compensation that
administrations and passing years, without
(1) maintained by the Central Intelli-
may be paid to employees of the United
apparent rational design and without a con-
gence Agency: or
States Senate generally.
sistent goal to achieve Indian self-sufficiency;
(2) maintained by an agency or compo-
(d) The Commission shall, pursuant to
(b) there has been no general comprehen-
nent thereof which performs as its principal
section 6, insure that the task forces are
sive review of conduct of Indian affairs by
function any activity pertaining to the en-
provided with adequate staff suppport in ad-
the United States nor a coherent investiga-
forcement of criminal laws, including police
dition to that authorized under section 6
tion of the many problems and issues in-
efforts to prevent, control, or reduce cr
40880
CONGRESSIONAL RECORD-HOUSE
December 18, 1974
or to apprehend criminals, and the activities
ing only of identifying data and notations of
Because of the lateness in the session
of prosecutors, courts, correctional, proba-
arrests, the nature and disposition of crimi-
and the pressures on Members of both
tion. pardon, or parole authorities, and
nal charges, sentencing, confinement, release,
bodies due to other pressing legislative
which consists of (A) information compiled
and parole and probation status; (B) infor-
for the purpose of identifying individual
mation compiled for the purpose of a crimi-
business, we determined that it would not
criminal offenders and alleged offenders and
nal investigation, including reports of in-
be possible to resolve the complex differ-
consisting only of identifying data and nota-
formants and investigators, and associated
ences between the two bills in a confer-
tions of arrests, the nature and disposition
with an identifiable individual: or (C) re-
ence committee. Yet the sponsors and
of criminal charges, sentencing, confine-
ports identifiable to an individual compiled
floor managers of the legislation on both
ment, release. and parole and probation
at any stage of the process of enforcement of
sides firmly agreed that it was imperative
status: (B) information compiled for the
the criminal laws from arrest or indictment
that final action be taken on privacy leg-
purpose of a criminal investigation, includ-
through release from supervision.
islation before the end of the Congress.
ing reports of informants and investigators,
At the time rules are adopted under this sub-
We thereupon agreed, Mr. Speaker,
and associated with an identifiable individ-
section, the agency shall include in the state-
ual: or (C) reports identifiable to an individ-
upon a parliamentary procedure which
ment required under section 553(c) of this
ual compiled at any stage of the process of
title, the reasons why the system of records
provided that the Senate bill, S. 3418, be
enforcement of the criminal laws from arrest
is to be exempted from a provision of this
taken from the Speaker's desk, be taken
or indictment through release from super-
section."
up by the House and repassed with the
vision.
In section 5, strike out subsection (h) and
language of the House bill, H.R. 16373,
At the time rules are adopted under this
insert in its place:
as passed, substituted for all after the
subsection, the agency shall include in the
"(h) (1) Any member, officer. or employee
enacting clause and returned to the
statement required under section 553 (c) of
of the Commission, who by virtue of his em-
Senate for further action. This action
this title, the reasons why the system of rec-
ployment or official position, has possession
was taken by me last Wednesday, De-
ords is to be exempted from a provision of
of, or access to, agency records which con-
this section.
tain individually identifiable information the
cember 11 (RECORD, pages 39200-39204).
(3) Page 42, strike out lines 11 through
disclosure of which Is prohibited by this
and the Senate bill was returned to that
21, and insert:
section, and who knowing that disclosure
body with the language of H.R. 16373.
(h) (1) Any member, officer, or employee
of the specific material is so prohibited. will-
as passed on November 21, and the short
of the Commission, who by virtue of his em-
fully discloses the material in any manner to
title was also amended to reflect the
ployment or official position. has possession
any person or agency not entitled to receive
House version.
of, or access to, agency records which con-
it, shall be guilty of a misdemeanor and fined
Mr. Speaker, the other body has now
tain individually identifiable information
not more than $5,000.
the disclosure of which is prohibited by this
"(2) Any person who knowingly and will-
repassed S. 3418 with a series of amend-
section, and who knowing that disclosure
fully requests or obtains any record con-
ments-many technical and some sub-
of the specific material is SO prohibited. will-
cerning an individual from the Commission
stantive-which retain the basic thrust
fully discloses the material in any manner
under false pretenses shall be guilty of a
of the House version, but which include
to any person or agency not entitled to re-
misdemeanor and fined not more than
important segments of the Senate meas-
ceive it, shall be guilty of a misdemeanor
$5,000."
ure. These amendments were informally
and fined not more than $5,000.
(2) Any person who knowingly and will-
Mr. MOORHEAD of Pennsylvania. Mr.
negotiated by the staffs of the House and
fully requests or obtains any record concern-
Speaker, I ask unanimous consent that
Senate committees and are based on
the full text of S. 3418, containing the
agreements between the principal spon-
ing an individual from the Commission un-
der false pretenses shall be guilty of a mis-
Senate amendments to the House amend-
sors of the privacy bills in the two bodies.
demeanor and, fined not more than $5,000.
ments, be considered as read and printed
In calling up the bill for final action
The Clerk read the House amendment
at this point in the RECORD, and that
and clearance for White House action
to the Senate amendments to the House
the text of the House technical amend-
today. I am asking that the House concur
ment being offered also be printed at the
in these amendments-which in mv
amendments as follows:
1. In section 3, strike out subsection (e)
end thereof.
opinion preserve the basic framework of
The SPEAKER. Is there objection to
the House bill, but which make a number
(6) and insert in its place:
the request of the gentleman from
of significant strengthening changes in
(6) prior to disseminating any record
about an individual to any person other than
Pennsylvania?
the privacy measure that were included
an agency. unless the dissemination is made
Mr. ERLENBORN. Mr. Speaker, re-
in the Senate version. As Members will
pursuant to subsection (b) (2) of this sec-
serving the right to object, and I do not
recall, President Ford specifically en-
tion, makes reasonable efforts to assure that
intend to object, I would like to ask the
dorsed the provisions of H.R. 16373 in
such records are accurate, complete, timely,
chairman of the subcommittee to explain
October, with the provision that the
and relevant for agency purposes;".
the Senate amendments for our col-
amendment offered by the gentleman
2. In section 3. strike out subsection (e)
from Illinois (Mr. ERLENBORN). relating
leagues.
(7) and insert in its place
Mr. MOORHEAD of Pennsylvania. Mr.
to certain confidential investigative rec-
'(7) maintain no record describing how
any individual exercises rights guaranteed
Speaker, I will be most pleased to ex-
ords be included in the bill. Such amend-
plain the Senate amendments and then
ment was agreed to by the House on No-
by the First Amendment unless expressly
authorized by statute or by the individual
will yield to the gentleman from Illinois
vember 20, and is included in the version
about whom the record is maintained or un-
for additional comments he or other
of the privacy bill now before us. Thus.
pertinent to and within the scope of an
Members may have on the privacy bill,
Mr. Speaker, the bill now being consid-
authorized law enforcement activity;".
or for questions concerning its provisions.
ered here today has the full backing of
3. In section 3. strike out subsection (j)
First, let me explain briefly the par-
the White House, and the Members of
and insert in its place:
liamentary situation. Both the House and
both parties in the House and the Senate
"(j) GENERAL EXEMPTIONS.-The head of
who have had the responsibility of han-
any agency may promulgate rules, in ac-
the Senate passed privacy legislation on
cordance with the requirements (including
November 21. Our bill, H.R. 16373, was
dling the measure in committee and on
messaged over to the Senate the follow-
the floor.
general notice) of sections 553(b) (1), (2).
and (3). (c). and (e) of this title, to exempt
ing day. The Senate measure, S. 3418,
Mr. Speaker, in its concurrence, the
sponsored by the distinguished Senator
House of Representatives is clearing for
any system of records within the agency
from any part of this section except subsec-
from North Carolina, Mr. ERVIN, and a
final congressional action what will be
tions (b), (c) (1) and (2), (e) (4) (A)
number of other distinguished Members
known as the Privacy Act of 1974. This
through (F). (e) (6), (7), (9), (10). and
of that body from both parties, was
is truly an historic enactment. In effect.
(11), and (1) if the system of records 1s-
"(1) maintained by the Central Intelli-
messaged to the House. The House bill
the Congress of the United States is act-
gence Agency: or
was called up on November 22 in the
ing in the finest sense to implement even
Senate, and all after the enacting clause
further the Bill of Rights.
*(2) maintained by an agency or compo-
nent thereof which performs as 1ts principal
was stricken and the identical language
To my knowledge, this will be the first
function any activity pertaining to the en-
of S. 3418, was substituted for the House
congressional action on a comprehensive
forcement of criminal laws, including police
language, and it was returned to the
Federal privacy law since the adoption of
efforts to prevent, control, or reduce crime
House. This meant, Mr. Speaker, that
the fourth amendment to the Constitu-
or to apprehend criminals, and the activities
both the House and Senate versions of
tion. It is the solemn duty of the Con-
of prosecutors, courts, correctional, proba-
the privacy bills were pending at the
gress, as well as the Supreme Court, to
tion, pardon, or parole authorities, and which
iists of (A) information compiled for the
Speaker's desk-but both bills-S. 3418
implement the spirit and letter of the
purpose of identifying individual criminal
and H.R. 16373-had the identical lan-
guage of the Senate-passed bill.
Constitution. Although this bill is limited to personal
offenders and alleged offenders and consist-
December 18, 1974
CONGRESSIONAL RECORD-HOUSE
40881
information on individuals contained in
the time the remainder of the legislation
be characterized in some general way. The
Federal records, I am sure it is only the
becomes effective.
fact of the item's existence and a general
first step to strengthen the right to
BOUTINE USE
characterization of that item would have
privacy.
The House bill contains a provision not
to be made known to the individual in every
case.
The operative parts of this legislation
provided for in the Senate measure exempt-
will go into effect in 9 months. In its
ing certain disclosures of information from
Furthermore, the acceptance of this sec-
the requirement to obtain prior consent
tion in no way precludes an individual from
birth, I would like to think we are help-
from the subject when the disclosure would
knowing the substance and source of confi-
ing America prepare for a grand bicen-
be for a "routine use". The compromise
dential information, should that information
tennial, rededicating ourselves to the
would define "routine use" to mean; "with
be used to deny him a promotion in a gov-
fundamental principles of individual
ernment job or access to classified informa-
respect to the disclosure of a record, the use
freedom and dignity which made this
of such records for a purpose which is com-
tion or some other right, benefit or privilege
for which he was entitled, otherwise if he
Nation great.
patible with the purpose for which it was
Mr. Speaker, I will insert at this point
collected.
should consequently bring legal action
Where the Senate bill would have placed
against the government and should base any
in the RECORD the text of an analysis
prepared by staff of the major amend-
tight restrictions upon the transfer of per-
part of its legal case on that information.
sonal information between or outside Fed-
Finally, it 18 important to note that the
ments added to the House bill in the
House provision would require that all fu-
eral agencies, the House bill, under the
other body
ture promises of confidentiality to sources of
routine use provision, would permit an
ANALYSIS OF HOUSE AND SENATE COMPROMISE
information be expressed and not implied
agency to describe its routine uses in the
promises. Under the authority to prepare
AMENDMENTS TO THE FEDERAL PRIVACY AcT-
Federal Register and then disseminate the
guidelines for the administration of this act
The establishment of a Privacy Protection
information without the consent of the in-
it is expected that the Office of Management
Study Commission. Only the Senate bill pro-
dividual or without applying the standards
and Budget will work closely with agencies
vided for an oversight and study commission
of accuracy, relevancy, timeliness or com-
to insure that Federal investigators make
to assist in the implementation of the act
pleteness so long as no determination was
sparing use of the ability to make express
and to explore areas concerned with individ-
being made about the subject.
promises of confidentiality.
ual privacy which have not been included in
The compromise definition should serve
the provisions of this legislation. The com-
as a caution to agencies to think out in ad-
STANDARDS APPLIED TO DISSEMINATION OUTSIDE
promise measure will establish a Privacy
vance what uses it will make of informa-
THE GOVERNMENT
Protection Study Commission of seven mem-
tion. This act is not intended to impose un-
H.R. 16373 requires that all records which
bers instead of the five provided in the Sen-
due burdens on the transfer of information
are used by an agency in making any deter-
ate bill. Three of these members will be
to the Treasury Department to complete
mination about an individual be maintained
appointed by the President, two by the Pres-
payroll checks, the receipt of information by
with such accuracy, relevance, timeliness
ident of the Senate, and two by the Speaker
the Social Security Administration to com-
and completeness as is reasonably necessary
of the House of Representatives.
plete quarterly posting of accounts, or other
to assure fairness to the individual in the
It is intended that this commission, which
such housekeeping measures and necessarily
determination. S. 3418 goes much further
will serve for a period of two years, will be
frequent interagency or intra-agency trans-
and requires that agencies apply these stand-
solely a study commission. In that capacity
fors of information. It is, however, intended
ards at any time that access is granted to
it is hoped the commission can assist the
to discourage the unnecessary exchange of
the file, material is added to or taken from
Executive Branch and the Congress in their
information to other persons or to agencies
the file, or at any time it is used to make a
examination of Federal government activities
who may not be as sensitive to the collecting
determination affecting the subject of the
and their impact on privacy as well as repre-
agency's reasons for using and interpreting
file.
sentatives of State and local governments
the material.
The difference between these two measures
and the private sector who are attempting to
INFORMATION ON POLITICAL ACTIVITIES
represents a difference in philosophy regard-
deal with this important problem.
ing the handling of personal information.
The House bill tells agencies that they may
The scope of the commission's study au-
The Senate measure is designed to comple-
thority is outlined specifically within the
not maintain a record concerning the politi-
ment the requirement that agencies main-
legislation. In section 5 (c) (2) (B), the com-
cal or religious beliefs or. activities of any
tain only information which is relevant and
individual unless maintenance of the rec-
mission is directed to examine certain issues
necessary to accomplish a statutory purpose.
ord would be authorized expressly by statute
which are not included in the compromise
The standard of relevancy should be that
or by the individual about whom the record
between the House and Senate bill, such as
statutory basis for an information program
is maintained. The House bill goes on to
a requirement that a person maintaining
which is now set forth (e) (1) of the com-
provide that this subsection is not deemed
mailing lists remove an individual's name
promise measure. By adopting this section,
to prohibit the maintenance of any record
upon request; the question of prohibiting
the Senate hoped to encourage a periodic
or activity which is pertinent to and within
the transfer of individually identifiable data
review of personal information contained in
the scope of a duly authorized law enforce-
from the Internal Revenue Service to other
Federal records as those records were used
ment activity.
agencies and to State governments; a ques-
or disseminated for any purpose.
The Senate bill constitutes a prohibition
tion of whether the Federal government
The House provision would have applied
against agency programs established for the
should be liable for general damages occur-
these important standards for maintenance
ring from a willful or intentional violation
purpose of collecting or maintaining in-
of information in records at any time a de-
formation about how individuals exercise
of the provisions of new section 552a(g) (1)
termination is made about an individual.
(C) or (D) which this act creates; and the
First Amendment rights unless the agency
The House bill goes on to permit additional
head specifically determines that the pro-
extent to which requirements for security
"routine uses" of information which may
gram is required for the administration of a
and confidentiality of records maintained
not rise to the threshold of an "agency de-
statute.
under this act should be applied to a person
termination" without requiring that the in-
other than an agency.
The compromise broadens the House pro-
formation be upgraded to meet these stand-
visions application to all First Amendment
The commission shall from time to time
ards.
rights and directs the prohibition against
and in an annual report, report to the Con-
the maintenance, use, collection, or dissemi-
The compromise amendment would adopt
gress and to the President on its activities,
nation of records. However, as in- the House
the section of the House bill applying the
and it shall submit a final report of its find-
bill, it does permit the maintenance of those
standards of accuracy, relevance, timeliness
ings two years from the date the members
records which are expressly authorized by
and completeness at the time of a determina-
of the commission are appointed.
statute or by the individual subject, or are
tion. It would add the additional require-
In addition, the commission is authorized
pertinent to or within the scope of an au-
ment, however, that prior to the dissemina-
to provide necessary technical assistance and
thorized law enforcement activity.
tion of any record about an individual to any
prepare model legislation upon request for
person other than another agency, the send-
State and local governments interested in
CONFIDENTIAL SOURCES OF INFORMATION
ing agency shall make a reasonable effort
adopting privacy legislation. Strict stand-
The compromise provision for the main-
to assure that the record is accurate, com-
ards and penalties are placed upon commis-
tenance of information received from con-
plete, timely, and relevant. This proviso was
sion members and employees with regard to
fidential sources represents an acceptance of
included because Federal agencies would be
the handling and unlawful distribution of
the House language after receiving an as-
governed by a requirement to clean up their
information about individuals which it re-
surance that in no instance would that
records before a determination is made and
ceives in the course of carrying out its func-
language deprive an individual from know-
limited by a requirement to publish each
tions.
ing of the existence of any information
routine use of information in the Federal
While the provisions of the rest of this act
maintained in a record about him which
Register, but the use of information by per-
do not go into effect until 270 days from the
was received from a "confidential\ source."
sons outside the Federal government would
date of enactment, the commission 18 au-
The agencies would not be able to claim
not be governed by this act. Therefore, agen-
thorized to go into effect immediately upon
that disclosure of even a. small part of a
cies are directed to be far more careful about
the appointment of its members in order
particular item would reveal the identity of
the dissemination of personal information
that some of its work may be available to
a confidential source. The confidential in-
to persons not governed by the enforcement
the Congress and the Executive Branch by formation would at the very least have to
provisions of this bill.
continued