DEPARTMENT OF DEFENSE SUPPLEMENTAL APPROPRIATION AUTHORIZATION ACT--AMENDMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700130002-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 9, 2016
• Document Release Date: January 31, 2001
• Sequence Number: 2
• Publication Date: May 1, 1974
• Content Type: OPEN

S 6746
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CONGRESSIONAL RECORD -SENATE May 1, 1974"`
and before they result in even more wide- S. 2468
spread abuses. At the request of Mr. KENNEDY, the
By Mr. DOMENICI:
S. 3420. A bill to amend the Emergency
Petroleum Allocation Act of 1973 to au-
thorize and require the President of the
United States to allocate asphalt and
asphalt derivatives, and for other pur-
poses. Referred to the Committee on In-
terior and Insular Affairs.
Mr: DOMENICI. Mr. President, I send
to the desk for appropriate reference, a
bill to amend the Emergency Petroleum
Allocation Act of 1973 to authorize and
require the President of the United
States to allocate asphalt and asphalt
derivatives. The need for this legislation
has been brought to my attention by con-
struction company owners in New Mexico
who are experiencing difficulty in obtain-
ing asphalt used for roofing construc-
tion, paving highways, streets, and air-
port runways.
I received a letter from a contractor
who was low bidder on a job, and before
the contract was awarded, he was ad-
vised by the oil company that the price
on asphalt had risen $5 per ton. There
was no price escalating clause provided
by the bid proposal. The contractor was
further advised that the price to be
charged would be that in effect on date
of delivery of each shipment. This con-
tractor was bound by the required bid
bond and had no choice but to proceed.
Other contractors are disturbed by the
fact that the supplier stipulates that de-
livery is contingent upon the availability
of the material, with no guarantee or as-
surance that it will be furnished.
Mr. President, this type of situation is
unhealthy for the construction industry
as well as for the agencies who request
bids, due to the uncertainty of the mat-
ter. I believe that if my legislation is
enacted, it will help to alleviate this
problem.
ADDITIONAL COSPONSORS OF BILLS
AND JOINT RESOLUTIONS
S. 411
At the request of Mr. McGEE, the Sen-
Senator from Tennessee (Mr. BROC
the Senator from Iowa (Mr. HUa s) ,
and the Senator from South Dako - (Mr.
MCGOVERN) were added as cosp ors of
S. 411, to amend title 39, Uni States
Code, relating to the Postal , rvice, and
for other purposes.
S. 2363
At the request of IV. CRANSTON, the
Senator from Wy, mg (Mr. HANSEN)
and the Senator from South Carolina
(Mr. THURMON10 were added as cospon-
sors of S. 2363, a bill to amend chapter
39, of title 38, United States Code, relat-
ing to automobiles and adaptive equip-
ment for certain disabled veterans and
members of the Armed Forces.
Senator from Ohio (Mr. METZENBAUM)
was added as a cosponsor of S. 2488, to
extend title VII of the Older Americans
Act of 1954, the nutrition for the elderly
program.
S. 3168, S. 3199, AND S. 3170
At the request of Mr. GRIFFIN for Mr.
TOWER, the Senator from Minnesota
(Mr. HUMPHREY) was added as a cospon-
sor of S. 3168, to amend title II of the
Social Security Act to permit the pay-
ment of benefits to a married couple on
their combined earnings record; S. 3169;
to amend title II of the Social Security
Act to provide that an insured individual
otherwise qualified may retire and re-
ceive full old-age insurance benefits, at
any time after attaining age 60, if he
has been forced to retire at that age by
a Federal law, regulation or order; and
S. 3170, to amend title II of the Social
Security Act to provide that any individ-
ual who has 40 quarters. Of coverage,
whenever acquired, will be insured for
disability benefits thereunder.
8. 3238
At the request of Mr. BENTSEN, the
Taxpayer Privacy Act.
S. 3343
At the request of Mr. WEIC , the
Senator from Rhode Island ( FELL),
and the Senator from New sey (Mr.
WILLIAMS) were added as ponsors of
S. 3343, to designate a n nal network
of essential rail lines; require mini-
mum standards of m tenance on rail
lines; to provide Fe 1 financial aid for
rail rehabilitation- establish rights of
access by rail c ers to rail lines and
facilities, and other purposes.
5. 3344
At the . uest of Mr. KENNEDY, the
Senator m Rhode Island (Mr. PELL),
the S ' or from Missouri (Mr. EAGLE-
TON) ,^e Senator from California (Mr.
CR TON) and the Senator from Min-
ota (Mr. MONDALE) were added as co-
appropriations for activities of the Na-
tional Science Foundation, and for other
purposes.
S. 3371
At the request of Mr. EASTLAND, the
Senator from South Dakota (Mr. Mc-
GOVERN) was added as a cosponsor of S.
3371, a bill to amend the Forest Pest
Control Act of June 25, 1947.
5.3378
At the request of Mr. ROBERT C. BYRD
(for Mr. RANDOLPH), the Senator from
Delaware (Mr. BmEN) and the Senator
from Minnesota (Mr. HUMPHREY) were
added as cosponsors of S. 3378, the De-
velopmentally Disabled Assistance and
Bill of Rights Act.
SENATE JOINT RESOLUTION 203
At the request of Mr. ROTH, the Sena-
tor from Hawaii (Mr. INOUYE), the Sen-
designating the month of
"National Arthritis Month.'
SENATE CONCURRE RESOLUTION
83-SUBMISSION A CONCUR-
RENT RESOLUTI RELATING TO
THE SURGEON ENERAL'S RE-
PORT
(Referred tot Committee on Rules
and Administra
Mr. MAGNII N (for himself and Mr.
COTTON) sub tted the following con-
current reso ion:
SENA - ONCURRENT RESOLUTION 83
Resolv by the Senate (the House of Rep-
resenta es concurring), that there be
printe or the use of the Senate Committee
on merce 1,000 additional copies of its
he gs of the 92d Congress, second session,
e tied "Surgeon General's Report by the
DEPARTMENT OF DEFENSE SUPPLE-
MENTAL APPROPRIATION AU-
THORIZATION ACT-AMENDMENT
AMENDMENT NO. 1238
(Ordered to be printed and to lie on
the table.)
Mr. KENNEDY. Mr. President, the
amendment I am introducing to the De-
partment of Defense supplemental ap-
propriations authorization for 1974 (S.
2999), has three simple objectives.
First, it prohibits on the date of en-
actment any further transfer of funds
for the Military Assistance Service
Fund-MASF-for South Vietnam be-
yond those already obligated.
Second, the amendment reaffirms the
decision of the Congress that the Penta-
gon must not spend one penny over the
ceiling established for this fiscal year-
$1.126 billion-for military aid to South
Vietnam, notwithstanding the Armed
Services Committee's finding that the
Department of Defense wrongly charged
$266 million to this year's ceiling.
Finally, Mr. President, the amendment
puts the Pentagon on notice that the
Congress is tired of. the practice of ship-
ping -guns and ammunition now, and
paying for them later. The amendment,
in effect, supports the important recom-
mendation of the Armed Service Com-
mittee that the Department must put
its bookkeeping on military aid to South
Vietnam in order, and that all military
supplies delivered to Saigon during 1
fiscal year must be charged to that year's
ceiling.
Mr. President, I ask unanimous con-
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May 1, 1974 CONGRESSIONAL RECORD- SENATE
S,6745
(1) any actual damages sustained by an come tax, social security, and the census nology, and protect the individuals'
individual; come to mind immediately. This appetite "freedom of privacy" from haphazard
(2) punitive damages where appropriate; for information has grown simultane- abuse. We must shape our tools, lest
(o) in the case ity any under er this section, action to the
enforce any liability ously with our increased reliance on the they shape us.
~
costs of the action together with reasonable Federal Government for our health, PRIVACY AND THE 93D CONGRESS
attorney's fees as determined by the court. safety and well-being. Americans have Despite the multitude of bills and res-
The United States consents to be sued under in general participated in this informa- olutions introduced relating to personal
this section without limitation on the lion-gathering process with good nature. privacy, there has to date been no bill
amount in controversy. Until rather recently there has been no introduced in the Senate which deals
JURISDICTION OF DISTRICT COURTS widespread perception that the tradi- with the issue of privacy on a compre-
SEC. 305. The district courts of the United tional recordkeeping practices of the hensive basis. Most bills now pending are
States have jurisdiction to enforce any sub- Government posed any real threat to directed to only one aspect of the privacy
pens, or order issued by the Federal Privacy personal privacy. question: pending bills range from ban-
Board und
ti
102
er sec
ons
or 103, respectively,
of this Act.
RIGHT OF ACTION
SEC. 306. (a) Any individual who is denied
access to information required to be dis-
closed under the provisions of this Act is
entitled to judicial review of thegrounds for
such denial.
(b) The district courts of the United
States have jurisdiction to hear and deter-
mine civil actions brought under subsection
(a) of this section.
EFFECTIVE DATE
SEC. 307. This Act shall take effect one
year after the date of its enactment.
AUTHORIZATION OF APPROPRIATIONS
SEC. 308. There are authorized to be appro-
priated such sums as may be necessary to
carry out the provisions of this Act.
Mr. PERCY. Mr. President, I am
pleased to join our distinguished chair-
man, Senator ERVIN, in introducing a
bill to establish a Federal Privacy Board
to oversee the gathering and safeguard
the disclosure of information concerning
Individuals. The bill will provide stand-
ards for personal information mainte-
nance and management systems in all
Federal agencies, State and local govern-
ments, and other organizations.
The collection of information about
individuals by Federal agencies, State
and local governments, and private or-
ganizations, has vastly increased the
potential for abuse of the individual's
right to privacy. And the potential for
abuse is magnified almost beyond imagi-
nation by the automatic data processing
techniques that are now readily avail-
able to many organizations.
In the wake of this cybernetic revolu-
tion, many social scientists are turning
to a new definition of privacy-a defini-
tion expressed by Professor Alan Westin
in his book, "Privacy and Freedom." Pri-
vacy, according to Dr. Westin, is "the
claim of individuals, groups, or institu-
tions to determine for themselves, when,
how, and to what extent information
about themselves Is communicated to
others." Given this new attitude toward
personal privacy, it is quite easy to un-
derstand the growing alarm with which
many Americans regard the unchecked
practices of Government and private or-
ganizations in collecting, maintaining,
and disseminating personal information.
GOVERNMENT RECORDKEEPING AND THE
RIGHT TO PRIVACY
Collection of data about people is of
course not a new phenomenon. The Fed-
eral Government has been collecting im-
mense amounts of very sensitive infor-
mation on individuals for decades-in-
highly sophisticated and centralized in-
fc'rmation technology to collecting and
tying personal data has drastically
changed the implications of Government
and private record-gathering for per-
sonal privacy. The advent of computers
has increased by geometric proportions
the amount of information the Govern-
r.lent can collect about us. Prof. Arthur
Miller of the Harvard Law School sug-
gests that it will soon be feasible to store
a 20-page dossier on every single Ameri-
can on a single piece of computer tape
less than 5,000 feet long.
And we must be aware that, along with
V its increased capacity to gather and
hold Information, computerization has
correspondingly enlarged the Govern-
nient's ability quickly and automatically
to disseminate personal information to
other Federal agencies, State or local
governments, and private organizations.
INFORMATION TECHNOLOGY AND THE
PRIVATE SECTOR
The information-gathering Impulse of
the Federal Government is mirrored by
similar developments in the private sec-
tor. Credit agencies with their consumer
files have proliferated in recent years;
educational institut::ons are beginning
the process of computerizing student
records; hospitals and medical centers
a::'e finding computers the answer to
much of their recorkeeping difficulties.
When such information is stored on tape,
it is easily transferred from one user to
a:aother. The individual usually has no
knowledge of the transfer, and no ability
to correct Information about himself that
could ruin his chances for a new job,
prevent his acceptance to college, or be
taken as cause for investigation by a
law enforcement agency-Information
that by its stigma could affect the entire
course of his life.
Individuals are finding it increasingly
difficult to make such simple transac-
tions as obtain a loan, open a charge
account, obtain a driver's license, or reg-
is::er to vote without divulging their so-
cial security number. The result is that
the individual social security number
be comes the code under which data
about the person can be grouped, stored,
and transferred from one agency to an-
other. The effects of computer technol-
ogy reach all of us in Indirect, hidden
ways that we may never know or even
be able to know, as well as in obvious
ways.
We have reached the time when we
mist assert control aver runaway tech-
ping the disclosure of social security
numbers to prohibiting financial insti-
tutions from disseminating information
on their customers to Government agen-
cies. Hearings have been held on re-
stricting existing practices of criminal
information systems, banning political
surveillance by the Army, -and control-
ling illicit uses of wiretapping. With all
this isolated activity taking place, it is
difficult to understand and appreciate
the major theme which runs through
these seemingly disparate pieces of leg-
islation.
The common thread is the individual's
right to control how, when, and to what
extent Information about himself is
communicated to others. Until today no
legislation has attempted a comprehen-
sive response to this problem. This bill
is a companion measure to one intro-
duced In the House under the inspired
leadership of Congressman BARRY GOLD-
WATER JR. and Congressman EDWARD
KOCH.
This bill is the first major effort to
respond to the threat to personal privacy
on a comprehensive basis. It is directed
toward controlling the threat to privacy
at three important and distinct stages:
collection, storage, and dissemination of
information on private citizens by Fed-
eral agencies, State and local govern-
ments, and by private organizations.
The bill establishes a Federal Privacy
Board which will serve as an oversight
agency, establishing and enforcing
standard rules and regulations designed
to protect individual privacy throughout
all public and private information sys-
tems, with the exception of those that
relate to national defense, criminal in-
vestigations, or information gathered by
the media. The Federal Privacy Board
will have theauthority it needs to exer-
cise centralized control over information
systems through subpena power, the
right to hold open hearings, and the right
to recommend both criminal and civil
sanctions against offenders. The bill will
establish the procedures under which
individuals may get direct access to in-
formation about them, and provide a
ready means for challenging and cor-
recting that information.
The protection of personal privacy is
no easy task. It will require foresight and
the ability to forecast the possible trends
in information technology and informa-
tion policies of our Government and of
the private sector before they actually
take their toll in widespread Invasions of
personal privacy. The Congress must act
before these new systems are developed
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CONGRESSIONAL RECORD - SENATE May 1, 1974
information including all classes of users and
the organizational relationships among them;
(H) the procedures whereby an individual
may (I) be informed if he is the subject of
information in the system, (11) gaiii, access
to such information, and (iii) contest the
accuracy, completeness, timeliness, perti-
nence, and the necessity for retention of such
information;.
(I) the procedures whereby an individual
or group can gain access to the information
system used for statistical reporting or re-
search in order to subject them to independ-
ent analysis; and
(J) the business address and telephone
number of the person immediately respon-
sible for the system.
(d) Any such organization maintaining
personal information shall-
(1) inform any individual asked to supply
personal information whether such individ-
ual is required by law, or may refuse, to
supply the information requested, and also of
any specific consequences which are known
to the organization of providing or not pro-
viding such information;
(2) request permission of a data subject
to disseminate part or all of such informa-
tion to another organization or system not
having regular access authority, and indicate
the use for which such information is in-
tended, and the specific consequences for the
individual, which are known to the organi-
zation, of providing or not providing such
permission;
(3) upon request and proper identification
of any individual who is a data subject, grant
such individual the right to inspect, in a
form comprehensible to such individual-
(A) all personal information about that
individual except that, in the case of med-
ical information, such information shall,
upon written authorization, be given to a
physician designated by the individual;
(B) the nature of the sources of the infor-
mation, and
(C) the recipients of personal information
about such individual including the iden-
tity of all persons and organizations in-
volved and their relationship to the system
when not having regular acces authority;
(4) at a minimum, make disclosures which
are required by this Act to individuals who
are data subjects-
(A) during normal business hours;
(B) in person, if the data subject appears
in person and furnishes proper identification,
or by mail, if the data subject has made a
written request, with proper identification,
at reasonable standard charges for document
search and duplication; and
(C) permit the data subject to be ac-
companied by one person of his choosing,
who must furnish reasonable identification,
except that an organization may require the
data subject to furnish a written statement
granting -permission to the organization to
discuss that individual's file in such person's
presence;
(5) upon receipt of notice from any in-
dividual who is a data subject, that such in-
dividual wishes to challenge, correct, or ex-
plain information about him in such 'sys-
tem-
(A) investigate and record the current
status of such personal information;
(B) purge any such information that is
found to be incomplete, inaccurate, not per-
tinent, not timely nor necessary to be re-
tained, or can no longer be verified;
(C) accept and include in the record of
such information, if the investigation does
not resolve the dispute, any statement (not
more than two hundred words in length)
provided by such individual setting forth his
position on such disputed information;
(D) in any subsequent dissemination or
use of disputed information, clearly note
that such information is disputed and supply
the statement of such individual together
with such information;
(E) make clear and conspicuous disclosure
to such individual of his right to make a re-
quest under this paragraph;
(F) at the request of such individual,
following any correction or purging of per-
sonal information, furnish to past recipients
of such information notification that the
item has been purged or corrected; and
(G) in the case of a failure to resolve a
dispute, advise such individual of his right
to request the assistance of the Federal Pri-
vacy Board.
(e) Each such organization maintaining a
personal information system on the date of
the enactment of this Act shall notify by
mail each data subject of the fact not later
than two years following the date of enact-
ment of this Act, at the last known address
of the subject. Such notice shall-
(1) describe the type of information held
in such system or systems, expected uses al-
lowed or contemplated; and
(2) provide the name and full address of
the place where the data subject may obtain
personal information pertaining to him, and
in the system.
(f) Data subjects of archival-type inac-
tive files, records, or reports shall be notified
by mail of the -reactivation, accessing, or
reaccessing of such files, records, or reports
not later than six months after the date of
the enactment of this Act.
(g) The requirements of subsections (a)
(3) and (4) and subsections (c) and (d)
(1) and 2) of this section shall not apply to
any organization that (1) maintains an in-
formation system that disseminates statis-
tical reports or research findings based on
personal information drawn from the sys-
tem, or from systems of other organizations,
.(2) purges the names, personal numbers, or
other identifying particulars of individuals,
-and (3) certifies to the Federal Privacy Board
that no inferences may be drawn about any
individual.
EXEMPTIONS
SEC. 202. The provisions of this title shall
not apply to. personal information systems-
(1) to the extent that information in such
systems is maintained by a Federal agency,
and the head of that agency determines that
the release of the information would seri
ously,damage national defense;
(2) which are part of active criminal in-
vestigatory files compiled by Federal, State,
or local law enforcement organizations, ex-
cept where such files have been maintained
for a period longer than. is necessary to com-
mence criminal prosecution; or
(3) maintained by the press and news
media, except information relating to em-
ployees of such organizations.
USE OF SOCIAL SECURITY NUMBER
SEC. 203. It shall be unlawful for any or-
ganization to require an Individual to dis-
close or furnish his social security account
number, for any purpose in connection with
any business transaction or commercial or
other activity, or to refuse to extend credit
or make a loan or to enter into any other
business transaction or commercial relation-
ship with an individual (except to the extent
specifically necessary for the conduct or ad-
ministration of the old-age, survivors, and
disability insurance program established un-
der title II of the Social Security Act) in
whole or in part because such individual
does not disclose or furnish such number,
unless the disclosure or furnishing of such
number is specifically required by law.
TITLE III-MISCELLANEOUS
DEFINITIONS
SEC. 301. As used in this Act-
(1) the term "Board" means the Federal
Privacy Board;
(2) the term "information system" means
the total components and operations of a
recordkeeping process, whether automated or
manual, containing personal information and
the name, personal number, or other identi-
fying particulars;
(3) the term "personal information"
means all information that describes, locates
or indexes anything about an individual in-
cluding his education, financial transactions,
medical history, criminal, or employment rec-
ord, or that affords a basis for inferring per-
sonal characteristics, such as finger and voice
prints, photographs, or things done by or to
such individual; and the record of his pres-
ence, registration, or membership in an or-
ganization or activity, or admission to an
institution;
(4) the term "data subject" means an in-
dividual about whom personal information
is indexed or may be located under his name,
personal number, or other identifiable par-
ticulars, in an information system;
(5) the term "disseminate" means to re-
lease, transfer, or otherwise communicate
information orally, In writing, or by elec-
tronic means;
(6) the term "organization" means any
Federal agency; the government of the Dis-
trict of Columbia; any authority of any
State, local government, or other jurisdic-
tion; any public or private entity engaged in
business for profit, as relates to that busi-
ness;
('7) the term "purge" means to obliterate
information completely from the transient,
permanent, or archival records of an.organi-
zation; and
(8) the term "Federal agency" means any
department, agency, instrumentality, or es-
tablishment in the executive branch of the
Government of the United States and in-
cludes any officer or employee thereof.
TRADE SECRETS
SEC. 302. In connection with any dispute
over the application of any provision of this
Act, no organization shall reveal any per-
sonal information or any professional, pro-
prietary, or business secrets; except as is re-
quired under this Act. All disclosures so re-
quired shall be regarded as confidential by
those to whom they are made.
CRIMINAL PENALTY
SEC. 303. Any organization or responsible
officer of an organization who willfully-
(1) keeps an information system without
having notified the Federal Privacy Board; or
(2) issues personal information In viola-
tion of this Act;
shall be fined not more than $10,000 in each
instance or imprisoned not more than five
years, or both.
CIVIL REMEDIES
SEC. 304. (a) The Attorney General of the
United States, on the advice of the Federal
Privacy Board, or any aggrieved person, may
bring an action in the appropriate United
States district court against any person who
has engaged, is engaged, or is about to engage
in any acts or practices in violation of the
provisions of this Act or rules of the Federal
Privacy Board, to enjoin such acts or prac-
tices.
(b) Any person who violates the provisions
of this Act, or any rule, regulation, or order
issued thereunder, shall be liable to any per-
son aggrieved thereby in an amount equal to
the sum of-
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May 1, 1974 CONGRESSIONAL RECORD - SENATE S 6743
TITLE I-FEDERAL PRIVACY BOARD
ESTABLISHMENT OF BOARD
SEC. 101. (a) There is established in the
executive branch of the Government the
Federal Privacy Board which shall be com-
posed of five members who shall be ap-
pointed by the President by and with the
advice and consent of the Senate from among
members of the public at large who are not
officers or employees of the United States.
Not more than three of the members of the
Board shall be adherents of the same polit-
ical party.
(b) The Chairman of the Board shall be
elected by the members of the Board every
two years.
(c) Each member of the Board shall be
compensated at the rate- provided for GS-18
under section 5332 of title 5 of the United
States Code.
(d) Members of the Board shall be ap-
pointed for & ,term of three years. No mem-
ber may serve more than two terms.
(e) Vacancies In the membership of the
Board shall be filled in the same manner
In which the original appointment was made.
(f) Vacancies in the membership of the
Board, as long as there are three members
in office, shall not- impair the power of the
Board to execute the functions of the Board.
Three members of the Board shall constitute
a quorum for the transaction of business.
(g) Members of the Board shall not engage
In any other employment during their tenure
as members of the Board.
FUNCTIONS OF THE BOARD
SEC. 102. The Board shall-
(1) publish an annual Data Base Direc-
tory of the United States containing the
name and characteristics of each personal
information system;
(2) consult with the heads of appropriate
departments, agencies, and instrumentali-
ties of the Government in accordance with
section 103(5) of this Act;
(3) make rules to assure compliance with
title II of this Act; and
(4) perform or cause to be performed such
research activities as may becomenecessary
to implement title II of this Act, and to
assist organizations in complying with the
requirements of such title.
COWERS OF THE BOARD
SEC. 103. (a) The Board is authorized-
(1) to be granted admission at reasonable
hours to premises where any information
system is kept or where computers or equip-
ment or recordings for automatic data proc-
essing are kept, and may, by subpena, compel
the production of documents relating to such
information system or such processing as is
necessary to carry out its functions, except
that the production of personal information
shall not be compelled without the prior
consent of the data subject to which it per-
tains;
(2) upon the determination of a violation
of any provision of this Act or regulation
promulgated under this Act, to, after oppor-
tunity for a hearing, order the organization
violating such provision to cease and desist
such violation;
(3) to delegate its authority under this
title, with respect to information systems
within a State or the District of Columbia,
to such State or District, during such period
of time as the Board remains satisfied that
the authority established by such State or
District to carry out the requirements of this
Act in such State is satisfactorily enforcing
those provisions;
(4) to conduct open, public hearings on
all petitions for exceptions or exemptions
from provisions, application, or jurisdiction
of this Act. except that the Board shall not
have authority to make such exceptions or
exemptions but shall submit appropriate re-
ports and recommendations to Congress: and
(5) to the fullest extent practicable, to
consult with the heads of appropriate de-
partinents, agencies, and instrumentalities
of the Government in carrying out the func-
tions of the- Board under this Act.
(b ~ The Board may procure such tem-
porag and intermittent services to the same
extent as is authorized by section 3109 of
title 5, United States Code, but at rates not
to exceed $100 a day for individuals.
REPORTS
SE.;. 104. The Board shall report. annually,
on its activities to the Congress and the
President.
TITLE II-STANDARDS AND MANAGE-
MIINT SYSTEMS FOR HANDLING IN-
FCRMATION RELATING TO INDIVID-
UJA.LS
SAFEGUARD REQUIREMENTS -FOR ADMINISTRATIVE,
srurISTICAL-REPORTING AND RESEARCH PUR-
PO3Es
SE,,. 201. (a) Any Federal agency, State or
local government, or any other organization
maintaining an information system that in-
eludes personal information shall-
(1) collect, maintain, use, and disseminate
only personal information necessary to ac-
complish a proper purpose of the organiza-
tion;
(2) collect information to the greatest ex-
tent possible from the data subject directly;
(3) establish categories for maintaining
perscnal information to operate In conjunc-
tion with confidentiality requirements and
access controls;
(4) maintain information in the system
with accuracy, completeness, timeliness, and
pertiience as necessary to assure fairness in
determinations relating to a data subject;
(5) make no dissemination to another sys-
tem without (A) specifying requirements for
security and the use of information exclu-
sively- for the purposes set forth in the notice
required under subsection (c) including
limitations on access thereto, and (B) de-
term:.ning that the conditions of transfer
provide substantial assurance that those
requirements and limitations will be ob-
server;
(6) transfer no personal information be-
yond the jurisdiction of the United States
without specific authorization from the data
subject or pursuant to a treaty or executive
agreement in force guaranteeing that any
foreign government or organization receiv-
ing personal information will comply with
the applicable provisions of this Act with
respe at to such Information;
(7) afford any data subject of a foreign
nationality, whether residing in the United
State3 or not, the same rig:nts under this Act
as are afforded to citizens of the United
States;
(8) maintain a list ofEll persons having
regular access to personal information in
the information system;
(9) maintain a complete and accurate rec-
ord, including Identity ant. purpose, of every
access to any personal information in a sys-
tem, including the identity of any persons
or organizations not having regular access
authority;
(10) take affirmative action to establish
rules of conduct and inform each person in-
volve l in the des_gn, development, operation,
or mx,intenance of the system, or the collec-
tion or use of any personal Information con-
tained therein, of the requirements of this
Act, Including any rules and procedures
adopted pursuant to this P..ct and the penal-
ties f 3r noncompliance;
(11) establish appropriate safeguards to
secur3 the system from any reasonably fore-
seeabLe threat to Its security;
(121 comply with the written request of
any individual who receives a communica-
tion in the mails, over the telephone, or
in person from a commexcial organization,
who believes that the name or address or
both, of such Individual is available because
Of its inclusion on a mailing list, to remove
such name or address, or both, from such
list; and
(13) collect no personal information con-
cerning the political or religious beliefs.
a;fillations, and activities of data subjects
which is maintained, used or disseminated
in or by any information system operated
by any governmental agency, unless au-
thorized by law.
; b) (1) Any such organization maintain-
11,g an information system that disseminates
statistical reports or research findings based
on personal information drawn from the
system, or from systems of other organiza-
tions, shall-
IA) make available to any data subject or
group (without revealing trade secrets)
methodology and materials necessary to
validate statistical analyses, and
tB) make no materials available for in-
dependent analysis without guarantees that
no personal Information will be used in a
way that might prejudice judgments about
any data subject.
(2) No Federal agency shall-
(A) require any individual to disclose for
statistical purposes any personal informa-
ti->n unless such disclosure is required by
law, and such individual is informed of such
requirement;
( B) request any individual to voluntarily
disclose personal information unless such
request is specifically authorized by law, and
the individual is advised that such dis-
closure is voluntary;
(C) make available to any person, other
than an authorized officer or employee of
a Federal agency, any statistical study or
reports or other compilation of Informa-
tion derived by mechanical or electronical
means from any file containing personal in-
formation, or any manual or computer mate-
rial relating thereto, except those prepared.
published, and made available for general
public use; or
(D) publish statistics of taxpayer income
classified, in whole or in part, on the basis
of a coding system for the delivery of mail.
(c) Any such organization maintaining
or proposing to establish an information
system for personal information shall-
(1) give notice of the existence and charac-
ter of each existing system once a year to
tl oo Federal Privacy Board;
(2) give public notice of the existence and
character of each 'existing system each year.
in the case of Federal organizations in the
Federal Register, or in the case of other
organizations in local or regional printed
media likely to bring attention to the exist-
ence of the records to data subjects:
,,3) publish such annual notices for all its
existing systems simultaneously;
(4) in the case of a new system, or the
su bstantial modification of an existing sys-
tem, shall give public notice and notice to
the Federal Privacy Board within a reason-
able time but in no case less than'three
months, in advance of the initiation or mod-
ifieation to assure individuals who may be-
aft ected by its operation a- reasonable oppor-
tunity to comment; and
!5) assure that public notice given under
this subsection specifies the following:
i A) the name of the system;
s B) the general purposes of the system;
IC) the categories of personal informa-
tion and approximate number of persons on
wl_om information is maintained;
D) the categories of Information main-
tawued, confidentiality requirements, and
access controls;