HR 16373 - PRIVACY BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700140036-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: December 17, 2001
• Sequence Number: 36
• Publication Date: September 18, 1974
• Content Type: MFR

Approved For Release 2002/05/17 : CIA-RDP76M00527R000700140036-0
18 eptember 1974
MEMORANDUM FOR THE RECORD
SUBJECT: HR 16373 - Privacy Bill
STATINTL
1. I I OLC, asked me to review the 12
September draft of the subject bill which was favorably reported to
the Full Committee on Government Operations. The bill generally
requires that agencies inform the public of agency policy and practice
concerning records maintenance and use.. Agencies must make
records available upon request to those individuals on whom such
records are kept. Provisions of the bill may be enforced by civil
suit.
2. The bill provides for a CIA exemption from most of its
provisions in a novel way. Instead of exempting records maintained
or originated by CIA outright, the bill provides, in effect, that the
Director of Central Intelligence may do so:
(j) General Exemptions -- The head of any
agency may promulgate rules in accordance with
the requirements, including that of general notice,
of section 553 of this title, to exempt any system
of records from any part of this section except
subsections (b) and (e)(2)(A) through (F) if such
system of records is --
(1) maintained by the Central Intelligence
Agency . . . .
The wording of this exemption poses a problem. The Director, in
promulgating rules to exempt CIA records from the bill's disclosure
provisions, would have to comply with 5 U. S. C. Sec. 553. This
statute provides that general notice must be given of the "time,
place, and nature of public rule making proceedings" and that "the
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 Approved For Release 2002/05/17 : CIA-RDP76M00527R000700140036-0
agency shall give interested persons an opportunity to participate in
the rule making." Subsection 553(b)(3) provides that these procedures
need not be followed in certain situations, one of which the Agency
could arguably contend applies to the Director's rule. making. However,
since the bill's exemption states that rules may be promulgated "in
accordance with the requirements of Sec. 553, " it can be argued that
the exemptions in Sec. 553 do not apply. In such a case, the Agency
would have to hold a public hearing on its proposed rules and give
interested parties an opportunity to be heard,
3. I made these comments orally to
STA l IN I L
STATINTL
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