MESSAGES FROM THE HOUSE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700150085-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 26
• Document Creation Date: December 12, 2016
• Document Release Date: January 10, 2002
• Sequence Number: 85
• Publication Date: December 18, 1974
• Content Type: OPEN

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December 18, 197.4 CONGRESSIONAL RECORD -- SENATE S 21997
MESSAGE FROM THE PRESIDENT
RECEIVED DURING THE AD-
JOURNMENT OF THE SENATE
Under authority of the order of De-
cember 17, 1974, a message from the
President of the United States was re-
ceived on December 17, 1974, during the
adjournment of the Senate.
MESSAGES FROM THE HOUSE
ENROLLED BILLS AND JOINT RESOLUTIONS SIGNED
At 10:02 a.m., a message from the
House of Representatives by Mr. Berry,
one of its reading clerks, announced that
the Speaker has signed the following
enrolled bills and joint resolutions:
S. 425. An act to provide for the coopera-
tion between the Secretary of the Interior
and the States with respect to the regulation
of surface coal mining operations, and the
acquisition and reclamation of abandoned
mines, and for other purposes.
S. 939. An act to amend the Admission Act
for the State of Idaho to permit that State
to exchange public lands, and for other
purposes.
S. 2343. An act to authorize the Secretary
of the Interior to convey, by quitclaim deed,
all right, title, and interest of the United
States in and to certain lands in Coeur
d'Alene, Idahd, in order to eliminate a cloud
on the title to such lands.
S. 3191. An act to amend title 10, United
States Code, to provide that commissioned
officers of the Army in regular grades below
major may be involuntarily discharged when-
ever there is a reduction in force.
S. 4013. An act to amend the act incorpo-
rating the American Legion so as to redefine
eligibility for membership therein.
H.R. 7978. An act to declare that certain
federally owned lands shall be held by the
United States in trust for the Hualapai In-
dian Tribe of the Hualapai Reservation,
Arizona and for other purposes.
H.R. 8193. An act to regulate commerce
and strengthen national security by requir-
ing that a percentage of the oil imported
into the United States be transported on
United States-flag vessels.
H.R. 8864. An act to amend the Act to in-
corporate Little League Baseball to provide
that the league shall be open to girls as
well as to boys.
S.J. Res. 224. A joint resolution to author-
ize and request the President to issue a
proclamation designating January 1975, as
"March of Dimes Birth Defects Prevention
Month".
S.J. Res. 260. A joint resolution relative to
the convening of the first session of the
Ninety-fourth Congress.
The enrolled bills and joint resolutions
were subsequently signed by the Acting
President pro tempore (Mr. JOHNSTON).
At 12:45 p.m., a message from the
House by Mr. Hackney, one of its read-
ing clerks, announced that the House
Insists upon its amendment to the bill
(S. 3022) to amend the Wild and Scenic
Rivers Act (82 Stat. 906), as amended, to
designate segments of certain rivers for
possible inclusion in the National Wild
and Scenic Rivers System; to amend the
Lower Saint Croix River Act of 1972
(86 Stat. 1174), and for other purposes,
disagreed to by the Senate; agrees to
the conference requested by the Senate
on the disagreeing votes of the two
Houses thereon; and that Mr. TAYLOR of
North Carolina, Mr. JOHNSON of Cali-
fornia, Mr. RONCALIO of Wyoming, Mr.
SKUBITZ, and Mr. STEIGER of Arizona
were appointed managers of the con-
ference on the part of the House.
The message also announced that the
House insists upon its amendments to
the bill (S. 1728) to increase benefits
provided to American civilian internees
in Southeast Asia, disagreed to by the
Senate; agrees to the conference re-
quested by the Senate on the disagreeing
votes of the two Houses thereon; and
that Mr. STAGGERS, Mr. MOSS, Mr.
STUCKEY, Mr. ECKHARDT, Mr. BROYHILL
of North Carolina, Mr. WARE, and Mr.
MCCOLLISTER were appointed managers
of' the conference on the part of the
House.
The message further announced that
the House agrees to the report of the
committee of conference on the dis-
agreeing votes of the two Houses on the
amendments of the Senate to the bill
(H.R. 10701) to amend the act of Octo-
ber 27, 1965, relating to public works on
rivers and harbors to provide for con-
struction and operation of certain port
facilities.
The message also announced that the
House has passed the bill (S. 521) to
declare that certain land of the United
States is held by the United States in
trust for the Cheyenne-Arapaho Tribes
of Oklahoma, with an amendment in
which it requests the concurrence of the
Senate.
The 'message further announced that
the House has passed the bill (S. 1083)
to amend certain provisions of Federal
law relating to explosives, with an
amendment in which it requests the con-
currence of the Senate.
The message further announced that
the House agrees to the amendment of
the Senate to the bill (H.R. 16609) to
amend Public Law 93-276 to increase the
authorization for appropriations to the
Atomic Energy Commission in accord-
ance with section 261 of the Atomic En-
ergy Act of 1954, as amended, and for
other purposes.
The message also announced that the
House agrees to the amendments of the
Senate to the bill (H.R. 5773) to estab-
lish the Canaveral National Seashore
in the State of Florida, and for other
purposes.
The message further announced that
the Speaker has appointed as a member
of the District of Columbia Law Revi-
sion Commission Mrs. Patricia Roberts
Harris, from Washington, D.C., pur-
suant to the provisions of section 2(a),
Public Law 93-379.
The message also announced that the
minority leader, pursuant to the provi-
sions of section 2(a), Public Law 93-
379, has appointed as a member of the
District of Columbia Law Revision Com-
mission, the Honorable HENRY P. SMITH.
The message- further announced that
the House has passed the following bills
In which it requests the concurrence of
the Senate:
H.R. 11607. An act for the relief of Tri-
State Motor Transit Co.; and
H.R. 13869. An act for the relief of Carl
C. Strauss and Mary Ann Strauss.
The message also announced that the
House has passed the following bills, with
amendments, in which it requests the
concurrence of the Senate:
S. 2888. An act to convey certain land of
the United States to the Inter-Tribal Coun-
011i-incorporated, Miami, Okla.;
S. 3358. An act to authorize the convey-
ance of certain lands to the United States in
trust for the Absentee Shawnee Tribe of In-
dians of Oklahoma;
S. 251. An act for the relief of Frank P.
Muto, Alphonso A. Muto, Arthur E. Scott,
and F. Clyde Wilkinson;
S. 663. An act to improve judicial ma-
chinery by amending title 28, United States
Code, with respect to judicial review of de-
cisions of the Interstate Commerce Commis-
sion and for other purposes; and
S. 3548. An act to establish the Harry S.
Truman memorial scholarship, and for other
purposes.
The message further announced that
the House insists upon its amendment to
the bill (S. 2994) to amend the Public
Health Service Act to assure the devel-
opment of a national health policy and
of effective State and area health plan-
ning and resources development pro-
grams, and for other purposes, disagreed
to by the Senate; agrees to the confer-
ence requested by the Senate on the dis-
agreeing votes of the two Houses there-
on; and that Mr. STAGGERS, Mr. ROGERS,
MT. SATTERFIELD, Mr. KYROS, Mr. PREYER,
Mr. SYMINGTON, Mr. ROY, Mr. DEVINE,
Mr. NELSEN, Mr. CARTER, Mr. HASTINGS,
Mr. HEINZ, and Mr. HUDNUT were ap-
pointed managers of the conference on
the part of the House.
At 3:38 p.m., a message from the House
of Representatives by Mr. Hackney, one
of its reading clerks, announced that
the House agrees to the amendments of
the Senate to the bill (H.R. 15173) to
extend for 11/2 years the authority of the
National Commission for the Review of
Federal and State Laws on Wiretapping
and Electronic Surveillance, and for
other purposes.
The message also announced that the
House agrees to the report of the com-
mittee of conference on the disagreeing
votes of the two Houses on the amend-
ment of the House to the bill (S. 3394)
to amend the Foreign Assistance Act of
? 1961, and for other purposes.
The message further announced that
the House agrees to the report of the
committee of conference on the disagree-
ing votes of the two Houses on the
amendments of the Senate to the bill
(H.R. 17468) making appropriations for
military construction for the Depart-
ment of Defense for the fiscal year end-
ing June 30, 1975, and for other purposes.
The message also announced that the
House has passed the joint resolution
(H.J. Res. 1178) making further con-
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CONGRESSIONAL RECORD?SENATE December 18, 1974
tinuing appropriations for the fiscal
year 1975, and for other purposes, in
which it requests the concurrence of the
Senate.
The message further announced that
the House disagrees to the amencimer t
of the Senate to the bill (H.R. 17045) to
amend the Social Security Act to estab-
lish a consolidated program of Federal
financial assistance to encourage pro-
vision of services by the States; agrees
to the conference requested by the Sen-
ate on the disagreeing votes of the two
Irouses thereon; and that Mr. Uttmarr,
Mr. BURKE of Massachusetts, Mrs. GarF-
FITHS, Mr. ROSTENKOWSKI, Mr. SCHNEE-
BELT, Mr. CONABLE, and Mr. PETTIS were
appointed managers of the conference
on the part of the House.
The message also announced that the
House disagrees to the amendment of
the Senate to the bill (H.R. 421) to
amend the Tariff Schedules of the
United States to permit the importation
of upholstery regulators, upholsterer's
regulating needles, and upholsterer's
pins free of duty; agrees to the confer-
ence requested by the Senate on th3
chsagreeing votes of the two Houses
thereon; and that Mr. ULLMAN, Mr.
BURKE of Massachusetts, Mr. ROSTEK.
KOWSKI, Mr. LANDRU1VS; Mr. SCHNEEBELJ,
Mr. BROYHILL of Virginia, and Mr. Cox -
ABLE were appointed managers of thi
conference on the part of the House.
At 4:53 p.m., a message from the
House of Representatives by Mr. Bern,
announced that the House has passed
the bill (H.R. 17655) to extend for two
years the authorizations for the striking
of medals in commemoration of the one
hundredth anniversary of the cable ca:
in San Francisco and in commemoration
of Jim Thorpe, and for other purposes,
in which it requests the concurrence o
the Senate.
The message also announced that the
House agrees to the amendments of the
Senate to the amendments of the House
to the resolution (S.J. Res. 133) to pro-
vide for the establishment of the Ameri-
can Indian Policy Review Commission.
At 5:35 p.m., a message from the
House of Representatives by Mr. Hack-
ney announced that the House agrees to
the amendments of the Senate to the
amendments of the House to the bill (S.
3418) to establish a Privacy Protection
Commission, to provide management sys-
terns in Federal agencies and certain
other organizations with respect to the
gathering and disclosure of information
concerning individuals, and for other
purposes, with amendments in which
requests the concurrence of the Senate.
The message also announced that the
House agrees to the amendment of the
Senate to the bill (H.R. 12113) to revise
and restate certain functions and dutieE
of the Comptroller General of the Unitec:
States and for other purposes.
The message further announced thar;
the House agrees to the amendments of
the Senate to the bill (H.R. 14718) to
discontinue or modify certain reporting
requirements of law.
The message also announced thi i the
House has passed the bill (S. 3359) to
authorize the conveyance of certain
lands to the United States In trust for
the Citizen Band of Potawatomi Indians
of Oklahoma with amendments in which
It requests the concurrence of the Sen-
ate.
The message further announced that-
the House agrees to the report of the
committee of conference on the disagree-
ing votes of the two Houses on the
amendments of the House to the bill (S.
1296) to further protect the outstanding
scenic, natural, and scientific vaIues of
the Grand Canyon by enlarging the
Grand Canyon National Park in the
State of Arizona, and for other purposes.
The message also announced that the
House has passed the joint resolution
(H.J. Res. 1180) making urgent supple-
mental appropriations for the fiscal year
ending June 30, 1975, and for other pur-
poses, in which it requests the concur-
rence of the Senate.
The message further announced that
the House agrees to the report of the
committee of conference on the disagree-
ing votes of the two Houses on the
amendments of the Senate to the bill
(H.R. 16596) to amend the Comprehen-
sive Employment and Training A,2t of
1973 to provide additional jobs for unem-
ployed persons through programs of
public service employment.
The message also announced that
the House agrees to the report of the
committee of conference on the dis-
agreeing votes of the two Houses on the
amendments of the Senate to the bill
(H.R. 5463) to establish rules of evidence
for certain courts and proceedings.
The message further announced that
the House agrees to the amendments of
the Senate to the bill (H.R. 12884 ) to
designate certain lands as wilderness,
with an amendment in which it requests
the concurrence of the Senate.
The message also announced that the
Speaker has signed the following en-
rolled bills and joint resolution:
ENROLLED HILLS AND JOINT RESOLUTION HGNED
S. 194. An act to authorize and direct the
Secretary of the Interior to sell interests of
the United States in certain lands locatzd in
the State of Alaska to the Gospel Missienary
Union. -
S. 194. An act to authorize the Secretary
of the Interior to convey to the city of
Anchorage, Alaska, interests of the 13 .sited
States in certain lands.
S. 1357. An act for the relief of Mary Red
Head.
S. 2125. An act to amend the Act of June
9, 1906, entitled "An Act granting land t the
city of Albuquerque for public purposes- (34
Stat. 227), as amended.
S. 2594. An act for the relief of Jan Sejna.
S. 2838. An act for the relief of Michael D.
Manemann.
8 3341. An act to revise certain provi 'Ions
of title 5, United States Code, relating to per
diem and mileage expenses of employees and
other individuals traveling on official busi-
ness, and for other purposes.
5. 3397. An act for the relief of Jose Issnar-
nado Reyes-Morelos.
S. 3489. An act to authorize exchange of
lands adjacent to the Teton National Forest
in Wyoming, and for other purposes.
S. 3518. An act to remove the cloud on title
with respect to certain lands in the State of
Nevada.
S. 3574. An act to relinquish and disclaim
any title to certain lands and to authorise
the Secretary of the Interior to convey cer-
tain lands situated in Yuma County, Arizona.
S. 3578. An act for the relief of Anita
Tomasi.
S. 3615. An act to authorize the Secretary
of the Interior to transfer certain lands in
the State of Colorado to the Secretary of
Agriculture for inclusion in the boundaries
of the Arapaho National Forest, Colorado.
S.J. Res. 234. A joint resolution transferring
to the State of Alaska certain archives and
records in the custody of the National Ar-
chives of the United States.
The ACTING PRESIDENT pro tern-
pore (Mr. JOHNSTON) subsequently signed
the enrolled bills and joint resolution.
COMMUNICATIONS FROM EXECU-
TIVE DEPARTMENTS, ETC.
The. ACTING PRESIDENT pro tern-
pore (Mr. JOHNSTON) laid before the
Senate the following letters, which were
referred as indicated:
PROPOSED LEGISLATION BY THE DEPARTMENT OF
HEALTH, EDUCATION, AND WELFARE
A letter from the Secretary of Health, Edu-
cation, and Welfare transmitting a draft of
proposed legislation to exempt certain youth
organizations, fraternities, and sororities
from the operation of title IX of the Educa-
tion Amendments of 1972, and for other pur-
poses (with accompanying papers). Referred
to the Committee on Labor and Public Wel-
fare.
REPORT OF VIOLATIONS OF ANTI-DEFICIENCY
ACT
A letter from the Secretary of Defense
transmitting, pursuant to law, a report of
violation of Anti-Deficiency Act and of De-
partment of Defense Directive 7200.1 (with
an accompanying report). Referred to the
Committee on Appropriations.
REPORT OF THE ATTORNEY GENERAL
A letter from the Attorney General trans-
mitting, pursuant to law, a report on identi-
cal bidding in advertised public procurement
(with an, accompanying report). Referred to
the Committee on the Judiciary.
OPINION OF THE U.S. COURT OF CLAIMS
A letter from the Chief Commissioner of
the U.S. Court of Claims transmitting
a copy of the opinion and findings of fact
in the case of Concrete Industries (Monier)
Limited v. United States (with accompanying
papers. Referred to the- Committee on the
Judiciary.
REPORT OF THE COMMISSION OF CIVIL RIGHTS
A letter from the Civil Rights Commission
transmitting, pursuant to law, a report of the
Commission entitled "The Federal Civil
Right Enforcement Effort-1974) " (with an
accompanying report). Referred to the Com-
mittee on the Judiciary.
REPORTS OF COMMII EES
The following reports of committees
were submitted:
By bilr. GANNON, from the Committee on
Rules and Administration, without amend-
ment:
S. Res. 466. An original resolution to pay
a gratuity to Reginald C. Vines.
By Mr. TALMADGE, from the Committee
on Agriculture and Forestry, without amend-
ment:
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Alfred Y. Kirkland, of Illinois, to be U.S.
district judge for the northern district of
Illinois.
.Awoved For RM.
H. R. 510. A bill to authorize and direct
the Secretary of Agriculture to convey any
interest held by the United States in cer-
tain property in Jasper County, Georgia, to
the Jasper County Board of Education (Rept.
No. 93-1403).
By Mr. EASTLAND, from the Committee on
the Judiciary, with amendments:
S. 544. A bill to amend title 18 of the
United States Code to permit the transpor-
tation, mailing, and broadcasting of advertis-
ing, information, and materials concerning
lotteries authorized by law and conducted by
a State, and for other purposes (Rept. No.
93-1404).
By Mr. McCLELLAN, from the Committee
on Appropriations, with amendments:
H. J. Res. 1178. A joint resolution making
further continuing appropriations for the
fiscal year 1975, and for other purposes
(Rept. No. 93-1405) .
By Mr. McCLELLAN, from the Committee
on Appropriations, with an amendment:
H. J. Res, 1180. A joint resolution making
urgent supplemental appropriations for the
fiscal year ending June 30, 1975, and for
other purposes (Rept. No. 93-1406).
By Mr. ALLEN, from the Committee on
Agriculture and Forestry, without amend-
ment:
S. Res. 467. A resolution relating to agri-
cultural credit and the current liquidity
problem facing agricultural borrowers that
threatens the viability of agiiculture, rural
comunities, and the national economy.
(Rept. No. 93-1407) .
By Mr. NUNN, from the Committee on
Armed Services, without amendment:
H.R. 11144. An act to amend title 10, United
States Code, to enable the Naval Sea Cadet
Corps and the Young Marines of the Marine
Corps League to obtain, to the same extent
as the Boy Scouts of America, obsolete and
surplus naval material (Rept. No. 93-1410).
By Mr. HUMPHREY, from the Committee
on Agriculture and Forestry, with amend-
ments:
S. 4206. A bill to provide price support for
milk at not less than 90 per centum of the
parity price thereof, and for other purposes
(Rept. No. 93-1411) .
By Mr. HUMPHREY, from the Committee
on Agriculture and Forestry, with amend-
ments:
S. 2792. A bill to amend the Agricultural
Trade Development and Assistance Act of
1954 to provide the United States with the
flexibility with which to participate in efforts
to alleviate the suffering and human misery
of hunger and malnutrition (Rept. No. 93-
1412) .
WHITE HOUSE CONFERENCE ON LI-
BRARY AND INFORMATION SERV-
ICES?SENATE JOINT RESOLU-
TION 40?CONFERENCE REPORT
(REPT. NO. 93-1409)
Mr. PELL submitted a report from the
committee of conference on the disagree-
ing votes of the two Houses on the
amendments of the Senate to the amend-
ments of the House to the joint resolu-
tion (S.J. Res. 40) to authorize and
request the President to call a White
House Conference on Library and Infor-
mation Services in 1976, which was or-
dered to be printed.
CONSUMER PRODUCT WARRANTY
AND FEDERAL TRADE COMMIS-
SION IMPROVEMENT ACT CON-
FERENCE REPORT (REPT. NO.
93-1408)?S. 356
Mr. MAGNUSON submitted a report
from the committee of conference on the
disagreeing votes of the two Houses on
the amendments of the House to the bill
(S. 356) to provide disclosure standards
for written consumer product warranties
against defect or malfunction; to define
Federal content standards for such war-
ranties; to amend the Federal Trade
Commission Act in order to improve its
consumer protection activities; and for
other purposes, which was ordered to be
printed.
EXECUTIVE REPORTS OF
COMMITTEES
As in executive session, the following
executive reports of committees were
submitted:
By Mr. RANDOLPH, from the Committee
on Public Works:
Wilson K. Talley, of California, to be an
Assistant Administrator of the Environ-
mental Protection Agency.
(The above nomination was reported
with the. recommendation that it be con-
firmed, subject to the nominee's com-
mitment to respond to requests to appear
and testify before any duly constituted
committee of the Senate.)
By Mr. PASTORE, from the Joint Commit-
tee on Atomic Energy:
Marcus A. Rowden, of Maryland;
Edward A. Mason, of Massachusetts;
Victor Gilinsky, of California; and
Richard T. Kennedy, of the District of
Columbia, to be members of the Nuclear
Regulatory Commission.
(The above nominations were reported
with the recommendation that they be
confirmed, subject to the nominees'
commitment to respond to requests to
appear and testify before any duly con-
stituted committee of the Senate.)
By Mr. EASTLAND, from the Committee
on the Judiciary:
Edward S. King, of New York, to be U.S.
marshal for the western district of New York.
Ronald C. Romans, of Nebraska, to be 'U.S.
marshal for the district of Nebraska.
(The above nominations were reported
with the recommendation that they be
confirmed, subject to the nominees' com-
mitment to respond to requests to appear
and testify before any duly constituted
committee of the Senate.)
By Mr. EASTLAND, from the Committee
on the Judiciary:
William S. Sessions, of Texas, to be 'U.S.
district judge for the western district of
Texas.
J. Calvitt Clarke, Jr., of Virginia, to be U.S.
district judge for the eastern district of
Virginia.
William J. Bauer, of Illinois, to be U.S.
circuit judge for the seventh circuit.
ADDITIONAL COSPONSOR OF A
RESOLUTION
SENATE RESOLUTION 392
At the request of Mr. TAFT, the Sena-
tor from Connecticut (Mr. WEICKEll) was
added as a cosponsor of Senate Resolu-
tion 392, concerning the safety and free-
dom of Valentyn Moroz, Ukrainian
historian.
HOUSE JOINT RESOLUTION
REFERRED
The joint resolution (H.J. Res. 1178)
making further continuing appropria-
tions for the fiscal year 19'75, and for
other purposes, was read twice by its
title and referred to the Committee on
Appropriations.
The joint resolution (H.J. Res. 1180)
making urgent supplemental appropria-
tions for the fiscal year ending June 30,
19'75, and for other purposes, was read
twice by its title and referred to the Com-
mittee on Appropriations.
ENROLLED BILLS AND JOINT
RESOLUTION PRESENTED
The Secretary of the Senate reported
that today, December 18, 1974, he pre-
sented to the President of the United
States the following enrolled bills and
joint resolution:
S. 425. An act to provide for the coopera-
tion between the Secretary of the Interior
and the States with respect to the regulation
of surface coal mining operations, and the
acquisition and reclamation of abandoned
mines, and for other purposes.
S. 939. An act to amend the Admission Act
for the State of Idaho to permit that State
to exchange public lands, and for other
purposes.
S. 2343. An act to authorizes the Secre-
tary of the Interior to convey, by quitclaim
deed, all right, title, and interest of the
United States in and to certain lands in
Coeur d'Alene, Idaho, in order to eliminate
a cloud on the title to such lands.
S.3191. An act to amend title 10, United
States Code, to provide that commissioned 4.
officers of the Army in regular grades below
major may be involuntarily discharged when-
ever there is a reduction in force.
S. 4013. An act to amend the Act incorpo-
rating the American Legion so as to redefine
eligibility for membership therein.
S. J.Res. 224. A joint resolution to author-
ize and request the President to isue a proc-
lamation designating January 1975, as
"March of Dimes Birth Defects Prevention
Month".
INTRODUCTION OF BILLS AND
JOINT RESOLUTIONS
The following bills and joint resolu-
tions were introduced, read the first time
and, by unanimous consent, the second
time, and referred as indicated:
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ithcORD ?SENATE December 18, 1974
By Mr. MOSS:
S. 4246. A bill to regulate commerce and
to prohibit unfair or deceptive acts or prac-
tices in commerce, and for other purposes.
Referred to the Committee on Commerce.
By Mr. PERCY:
S. 4247. A bill to amend the Internal Reve-
nue Code of 1954 to increase the Federal
excise tax on gasoline, to make such tax, as
increased, a permanent tax, to provide that
reve nes derived from the increase in, and
extension of, such tax are appropriated to
the general fund rather than to the High-
way Trust Fund, and to provide a credit for
the increased tax paid with respect to not
more than 500 gallons of gasoline purchased
each year by a taxpayer;
S. 4248. A bill to repeal deduction for gaso-
line taxes;
S. 4249. A bill to terminate the Highway
Trust Fund;
S. 4250. A bill to establish an automobile
efficiency tax incentive program, and for
other purposes; to the Committee on Fi-
nance.
S. 4251. A bill to amend title 23 of the
United States Code in order to provide for
standards for the enforcement of any maxi-
mum speed limit on any public highway re-
quired pursuant to Federal law. Referred to
the Commitee on Public Works.
By Mr. ERVIN (for himself, Mr.
MATHIAS, MT. KENNEDY, Mr. BAYTI,
and Mr. TUNNEY) :
S. 4252. A bill to protect the constitutional
rights and privacy of individuals upon whom
criminal justice information and criminal
justice intelligence information have been
collected and to control the collection and
dissemination of criminal justic informa-
tion a ndcriminal justice intelligence in-
forma ton, and for other purposes. Referred to
the Committee on the Judiciary.
By Mr. JAVITS:
S. 4253. A bill to amend the Council on
Wage and Price Stability Act to provide the
Council the authority to issue subpenas and
to delay inflationary wage or price increases.
Referred to the Committee on Banking,
Housing and Urban Affairs,
STATEMENTS ON INTRODUCED
BILLS AND JOINT RESOLUTIONS
By Mr. ERVIN (for himself, Mr.
MATH/AS, Mr. KENNEDY, Mr.
BAYH, and Mr. TIINNEY) :
- S. 4252. A bill to protect the constitu-
tional rights and privacy of individuals
upon whom criminal justice information
and criminal justice intelligence infor-
mation have been collected and to con-
trol the collection and dissemination of
criminal justice information and crimi-
nal justice intelligence information, and
for other purposes. Referred to the Com-
mittee on the Judiciary.
CRIMINAL JUSTICE DATA BANKS LEGISLATION
Mr. ERVIN. Mr. President, one of my
great disappointments in leaving the Se-
nate and the chairmanship of the Sub-
committee on Constitutional Rights is
that the subcommittee never finished its
work on criminal justice data banks
legislation. In February of this year my
friend and colleague, the senior Senator
from Nebraska arid I introduced two
bills, S. 2963 and S. 2964, legislation pre-
pared by our staffs and the Department
of Justice to regulate the collection and
exchange of criminal justice records, in-
vestigative and intelligence files. We held
hearings on that legislation a month
later in which we heard from over 30
witnesses.
In the course of those hearings it be-
came clear that there were at least three
basic interests which must be protected
by this legislation. The first interest is
the right of an individual who has a file
or record maintained by a law enforce-
ment agency not to have his reputation
sullied by improper dissemination of in-
accurate or incomplete information. Sec-
ond, there is the interest of law enforce-
ment agencies to assure that this legis-
lation rtot interfere unnecessarily with
the administration of their departments.
Third. members of the press and the pub-
lic have a right to have access to certain
records maintained by law enforcement
agencies which are public in nature.
Senator HRTISKA, I, and the rest of the
subcommittee have struggled with bal-
ancing these basic interests for the past
10 months. I regret to announce that
despite the preparation of at least four
different working drafts by the subcom-
mittee staff we have not reached agree-
ment on a bill. However, the most re-
cent drafts of the legislation have been
circulated to representatives of the news
media and law enforcement and based on
preliminary responses by some media
and law enforcement groups, Senator
HRUSKA, and the Department of Justice,
I am confident that this latest draft
could serve as the basis for a consensus
en this legislation. The legislation I in
today reflects the latest draft
pon which we were working as the
session ends.
An example of the growing consensus
en this legislation is the fact that Project
SEARCH, a national criminal justice or-
ganization composed of one guberna-
torial representative from each State has
endorsed the provisions of this bill. Pro-
ject SEARCH'S endorsement of this legis-
lation is particularly significant because
it was instrumental in developing the
original prototype for a national criminal
justice data bank. Indeed, SEARCH
probably has more crimihal justice ex-
pertise on the subject matter of this
legislation than any other group of its
kind.
I ask unanimous consent that a reso-
lution of SEARCH endorsing this legis-
lation be inserted at this point in the
RECORD.
There being no objection, the resolu-
tion was ordered to be printed in the
RECORD, as follows:
SUGGESTIONS AND RECOMMENDATIONS OE
SEARCH GROUP TO COMMITTEE PRINT No.
3 or SENATE BILL 2963
The members of SEARCH Group appre-
ciate the recognition given by the Senate
Judiciary Committee's Subcommittee On
Constitutional Rights to the extensive
st idles and efforts conducted by SEARCH
over the last five years on the subject of
se mrity and privacy in criminal justice in-
formation systems. The careful consideration
gt7en by the Committee to the policy recom-
mondations of SEARCH as set forth In the
testimony of its Chairman and in various
SEARCH documents is rewarding. SEARCH
Is pleased to note that many of these recom-
mendations have been incorporated in the
language of S. 2963 as revised since the hear-
ings.
The SEARCH Membership Group has re-
viewed Committee Print No. 3, dated Septem-
ber 20, 1974, from the perspective of state
and local criminal justice agencies. The
Group wishes to reemphasize Its conviction
that federal legislation on this subject is
vitally needed. As the Committee Chairman
and others have pointed out, confusion and
ineonsistency in the implementation and
operation of criminal justice information
systems will continue until the Congress has
adopted national standards.
Based on its review, SEARCH finds the
bill to be generally in the best interest of
the criminal justice community and en-
dorses it with the following strong sugges-
tions and recommendations concerning the
major provisions of the bill:*
L. Law Enforcement Uses of Arrest Records.
(Section 201.)
SEARCH Group finds that the circum-
stances enumerated for the use of arrest
records are sufficient. Consequently, SEARCH
Group endorses the provisions of subsec-
tion (b) (2) of section 201.
2. Use of Criminal Justice Records for Non.
Law Enforcement Purposes. (Section 203.)
SEARCH Group recommends deletion of
the provision that a federal executive order
is sufficient to authorize access to criminal
justice information for non-law enforce-
ment purposes. SEARCH Group suggests that
federal and state statutes be the only proper
basis for providing all such access.
3. Access to Arrest Records. (Section 206.)
Section 206(a).
SEARCH Group recommends against the
requirement for positive (fingerprint-based)
Identification as the basis for inquiry of
'automated systems. Were this the case, it
would severely limit the usefulness of the
system for investigative purposes and for
the uses described in Section 201. Prefer-
able language would permit pre-arrest in-
quiry based on individual identifiers even
though a positive identification may not be
possible. However, post-arrest decisions con-
cerning the individual that rely on criminal
Justice information should be based on in-
formation obtained only, on the basis of
fingerprints or other positive identification.
Section 206(b).
SEARCH Group recommends against the
requirement that class access to arrest rec-
ords be authorized by a court-issued access
warrant. Given the other provisions of the
bill governing the retention and use of ar-
rest records, the procedures for class access
to arrest records should be the same as for
conviction records.
4. Accuracy of Criminal Justice Informa-
tion. (Section 207(b).)
SEARCH Group recommends against the
requirement that automated information
systems must, before disseminating an arrest
record, check first with the law enforcement
agency which contributed the arrest record to
determine whether a disposition Is available.
Automatically checking with the arresting
agency for dispositions is contrary to the
more logical approach of placing primary
responsibility for supplying disposition data
on courts and other agencies. This is par-
ticularly true in-view of the Acts require-
ment to withhold arrest data where disposi-
tions are not submitted and on the time
limits in the Act beyond which such data
'The SEARCH Membership Group adopted
this position on a vote of 31 for, 5 against,
and one abstention.
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(C) COMPENSATION OF MEMBERS.?
(1) Each member of the Board who is not
otherwise in the service of the Government
of the United States shall receive a sum
equivalent to the compensation paid at level
IV of the Federal Executive Salary Schedule,
pursuant to section 5315 of title 5, prorated
on a daily basis for each day spent in the
work of the Board, and shall be paid actual
travel expenses, and per client in lieu of sub-
sistence expenses when away from his usual
place of residence, in accordance with sec-
tion 5 of the AdministrativeExpenses Act of
1946, as amended.
(2) Each member of the Board who is
otherwise in the service of the Government
of the United States shall serve without com-
pensation in addition to that received for
such other service, but while engaged In the
work of the Board shall be paid actual travel
expenses, and per diem in lieu of subsistence
expenses when away from his usual place of
residence, in accordance with the provisions
of the Travel Expenses Act of 1949, as
amended.
(3) Members of the Board shall be con-
sidered "special Government employees"
within the meaning of section 202(a) of title
18.
(d) AUTHORITY.?For the purpose of carry-
ing out its responsibilities under the Act, the
Board shall have authority,
(1) after notice and hearings to issue reg-
ulations as required by section 303;
(2) to issue an order prohibiting the ex-
change of criminal justice information (ex-
cept wanted persons information), criminal
justice investigative information, or crimi-
nal justice intelligence information with a
criminal justice agency which has not sat-
isfied the requirements of section 304;
(3) to exercise the powers set out in sec-
tion 308;
(4) to bring actions under section 309 for
declaratory and injunctive relief;
(5) to supervise the operation of an auto-
mated information system for the exchange
of criminal justice information among the
States and with the Federal Government
pursuant to section 307;
(6) to supervise the installation and op-
eration of any criminal justice information
system, criminal justice investigative in-
formation system or criminal justice intel-
ligence information system operated by the
Federal Government;
('7) to issue an order prohibiting the estab-
lishment of any new information system
covered by this Act and operated by the
Federal Government or prohibiting the ex-
pansion of any such existing system where
the Board finds such establishment or ex-
pansion to be either inconsistent with this
Act or without adequate statutory authority;
(8) to conduct an ongoing study of the
policies of various agencies of the Federal
Government in he operation of information
systems;
(9) to require any department or agency
of the Federal Government or any criminal
justice agency to submit to the Board such
information and reports with respect to its
policy and operation of information systems
or with respect to its collection and dissemi-
nation of criminal justice information,
criminal justice investigative information,
or criminal justice intelligence information
and such department or agency shall submit
to the Board such information and reports
as the Board may reasonably require;
(10) to conduct audits as required by
section 306; and
(11) to create such advisory committees
as it deems necessary.
(e) OFFICERS AND EmsLoYEss.?There shall
be a full-time staff director for the Board
who shall be appointed by the Board and
who shall receive compensation at the rate
provided for level V of the Federal Executive
Salary Schedule, pursuant to section 5316 of
title 5. Within the limitation of appropria-
tions, the Board may appoint such other per-
sonnel as it deems advisable, in accordance
with the civil service and classification laws,
and may procure services as authorized by
section 3109 of title 5, but at rates for in-
dividuals not in excess of the daily equiva-
lent paid for positions at the maximum rate
for GS-15 of the General Schedule under sec-
tion 5332 of title 5.
(f) REPORT TO CONGRESS AND TO THE PRESI-
DENT.?The Board shall issue an annual re-
port to the Congress and to the President.
Such report shall at a minimum contain?
(1) the results of audits conducted pur-
suant to section 306;
(2) a summary of orders issued pursuant
to subsections (d) (2), (d) (3), and (d) (7)
and actions brought pursuant to subsection
(d) (4) of this section;
(3) a summary of public notices filed by
criminal justice information systems, crim-
inal justice investigative information sys-
tems, criminal justice intelligence informa-
tion systems, and criminal justice agencies
pursuant to section 305; and
(4) any recommendations the Board might
have for new legislation on the Operation
or control of information systems or on the
collection and control of criminal justice in-
formation, criminal justice investigative in-
formation or criminal justice intelligence in-
formation.
HEARINGS AND WITNESSES
SEC. 302. (a) The Board, or on authoriza-
tion of the Board, any subcommittee or three
or more members may hold such hearings
and act at such times and places as necessary
to carry out the provisions of this Act. Hear-
ings shall be public except to the extent
that the hearings or portions thereof are
closed by the Board in order to protect the
privacy of individuals or the security of in-
formation protected by this Act.
(b) Each member of the Board shall have
the power and authority to administer oaths
or take statements from witnesses under af-
firmation.
(c) A witness attending any session of
the Board shall be paid the same fees and
mileage paid witnesses in the courts of the
United States. Mileage payments shall be
tendered to the witness upon service of a
subpena issued on behalf of the Commission
or any subcommittee thereof.
(d) Subpenas for the attendance and tes-
timony of witnesses or the production of
written or other matter, required by the
Board for the performance of its duties under
this Act, may be issued in accordance with
rules or procedure established by the Board
and may be served by any person designated
by the Board.
(e) In case of contumacy or refusal to
obey a subpena any district court of the
United States or the United States court of
any territory or possession, within the juris-
diction of which the person subpenaed re-
sides or is domiciled or transacts business, or
has appointed an agent for the receipt of
service of process, upon application of the
Board, shall have jurisdiction to issue- to
such person an order requiring such person
to ppear before the Board or a subcommit-
tee thereof, there to produce pertinent, rele-
vant, and nonprivileged evidence if so or-
dered, or there to give testimony touching
the matter under investigation; and any
failure to obey such order of the court may
be punished as contempt.
(f) Nothing in this Act prohibits a crimi-
nal justice agency from furnishing the
Board information required by it in the
performance of its duties under this Act.
FEDERAL REGULATIONS
SEc. 303. (a) Except as provided in sub-
section (b) of this section, the Board shall,
after consultation with representatives of
State and local criminal justice agencies
participating in information systems covered
by this Act and other interested parties, and
after notice and hearings, promulgate such
interpretations, rules, regulations, and pro-
cedures as it may deem necessary to effec-
tuate the provisions of this Act. The Board
shall follow the provisions of the Adminis-
trative Procedufes Act with respect to the
issuance of such rules, At least sixty days
prior to their promulgation, the Board shall
refer any interpretations, rules, regulations,
or procedures which will affect the-collection
and dissemination of information main-
tained by State or local criminal justice
agencies to the Governor of each State, any
agency created or designated pursuant to
section 304, any other organizations or indi-
viduals in a State designated by the Gov-
ernor and any other organizations or indi-
viduals requesting to be so notified. At least
sixty days prior to their promulgation, the
Board shall also refer any interpretations,
rules, regulations, or procedure which will
affect the collection and dissemination of
information maintained by Federal criminal---
justice agencies to the Department of Jus-
tice, each such Federal criminal justice
agency and the United States Judicial Con-
ference for their review. The Board may in
its discretion refer any interpretations, regu-
lations, or procedures prior to promulgation
to any other advisory committee it may
create. All regulations issued by the Board
or any criminal justice agency pursuant to
this Act shall be published and easily acces-
sible to the public.
(b) The Board shall not have authority to
issue regulations involving criminal justice
information on an arrest or indictment for
a Federal offense; or criminal justice intelli-
gence information or criminal justice investi-
gative information resulting from the inves-
tigative activities of a Federal criminal
justice agency: Provided, however, That the
Board shall have authority to issue regula-
tions involving criminal justice information
on an arrest or indictment for a Federal
offense if such information is maintained in
an information system operated pursuant to
section 307. Regulations concerning informa-
tion exempted from the Board's jurisdiction
pursuant to this subsection shall be issued
by Executive order of the President upon rec-
ommendation of the Atttorney General, the
two members of the Board designated by the
. President and the member designated by the
Judicial Conference of the United States.
STATE REGULATIONS AND CREATION OF STATE
INFORMATION SYSTEMS BOARDS
SEC. 304. No criminal justice agency shall
disemminate criminal justice information
(except wanted persons information), crim-
inal justice intelligence information, or crim-
inal justice investigative information to a
criminal justice agency?
(a) which has not adopted all of the oper-
ating procedures required by title H of the
Act; or
(b) which is located in another State
which has failed to either create an agency
or designate an existing agency which has
statewide authority and responsibility for:
(1) the enforcement of the provisions of
this Act and any State statute which serves
the same goals;
(2) the issuance of regulations, not in-
consistent with this Act, regulating the
exchange of criminal justice information,
criminal justice investigative information,
and criminal justice intelligence information
and the operation of criminal justice infor-
mation systems, criminal justice intelligence
Information systems, and criminal justice in-
vestigative information systems; and
(3) the supervision a the installation of
criminal justice information systems, crim-
inal justice investigative information sys-
tems and criminal justice intelligence infor-
mation systems, the exchange of information
by such systems within that State and with
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similar systems and criminal justice agencies
in other States and in the Federal Govern-
ment.
PUBLIC NOTICE REQUIREMENT
SEC. 305. (a) Any criminal justice agency
maintaining an automated criminal justice
information system, an automated criminal
justice investigative information system, or
an automated criminal justice intelligence
information system; any Federal criminal
justice agency maintaining any such infor-
mation system, whether or not automated,
and any criminal justice agency maintaining
a statewide or regional criminal justice infor-
mation system, whether or not automated, or
any such agency maintaining a criminal jus-
tice information system containing criminal
justice information on more than 10,000 indi-
viduals shall give public notice of the exist-
ence and character of its system once each
year. Any such agency maintaining more
than one system shall publish such annual
notices for all its systems simultaneously.
Any such agency proposing to establish a
new system, or to enlarge an existing system,
shall give public notice long enough in ad-
vance of the initiation or enlargement of the
system to assure individuals who may be
affected by its operation a reasonable oppor-
tunity to comment. The public notice shall
be transmitted to the Board and shall
specify?
(1) the name of the system;
(2) the nature and purposes of the sys-
tem;
(3) the categories and number of persons
on whom data are maintained;
(4) the categories of data maintained,
indicating which categories are stored in
computer-accessible files;
(5) the agency's operating rules and regu-
lations issued pursuant to title II of the
Act, the agency's policies and practices re-
garding data information storage, duration
of retention of information, and disposal
thereof;
(6) the categories of information sources;
(7) a description of all types of use made
of information, indicating those Involving
computer-accessible files, and including all
classes of users and the organizational rela-
tionships among them;
(8) the title, name, and address of the
person immediately responsible for the op-
eration of tha system; and
(9) in the case of an agency proposing to
establish a new system or to enlarge an
existing system, a privacy impact statement
describing the consequences to the indi-
vidual, including his rights, privileges, bene-
fits, detriments, and burdens, of the pro-
posed new system or the proposed expansion
of an existing system.
(b) Any criminal justice agency, crimi-
nal justice information system, criminal jus-
tice investigative information system, or
criminal justice intelligence information
system operated by the Federal Government
shall satisfy the public notice requirement
set out in subsection (a) of this section by
publishing the information required by that
subsection in the Federal Register.
ANNUAL AUDIT
SEC. 306. (a) At least once annually the
Board shall conduct a random audit of the
practices and procedures of the Federal
agencies which collect and disseminate in-
formation pursuant to this Act to insure
compliance with its requirements and re-
strictions. The Board shall also conduct
such an audit of at least ten statewide
criminal justice information systems each
year and of every statewide and multistate
system at least once every five years. The
Board may at any time conduct such an
audit of any criminal justice agency or in-
formation system covered by this Act when
the Board has reason to believe the agency
or information system is maintaining, dis-
seminating, or using information in viola-
ti on of this Act.
(b) Each criminal justice information
system shall conduct a similar audit of its
own practices and procedures once annually.
Each State agency created pursuant to sub-
setion 304(b) shall conduct an audit on each
criminal justice information system, each
csiminal justice investigative information
system. and each criminal justice intel-
ligence information system operating in that
State on a random basis, at least once every
five years.
(c) The results of such audits shall be
ade available to the Board which shall re-
past the results of such audits once an-
nually to the Congress by May 1 of each year
beginning on May 1 following the expiration
of the first twelve-calendar-month period
after the effective date of the Act.
(d) Notwithstanding any provision con-
trifled in title 11 of this Act, members and
staff of the Board or any State agency de-
sisnated or created pursuant to section 304
shall have access to such information covered
by this Act as is necassary to conduct audits
pursuant to this section.
A NATIONAL CRIMINAL JUSTICE INFORMATION
SYSTE1VI
SEC. 307. (a) Subject to the limitations of
subsections (b) and (c) of this section, the
Board may authorize a Federal criminal
jt slice agency or federally chartered cor-
poration to operate an interstate criminal
justice Information system, either manual
or automated or both. The Board shall have
authority to determine the extent to which
tie Federal criminal justice agency or Fed-
eral corporation may maintain its own tele-
mmunications system.
(b) Any information system operated by
the agency or Federal corporation may in-
clude criminal history record information
ons an individual relating to a violation of
the criminal laws of the United States, a
violation of the laws of another nation or
violations of the laws of two or more States.
Ar I to all other individuals criminal justice
information included in the agency's in-
formation system shall consist only of in-
formation sufficient to establish the identity
of the individuals, and the identities and
looations of criminal justice agencies pos-
sessing other types of criminal justice in-
formation concerning such individuals.
(0) Notwithstanding the provisions of sub-
se otion (b), the agency or Federal corpora-
tion may maintain criminal history record
information submitted by a State which
otherwise would be unable to participate
fully in an interstate criminal history record
inforfnation system because of the lack of
faoilities or procedures but only until such
tone as such State is able to provide the fa-
culties and procedures to maintain the
re3ords in the State, and in no case beyond
the fifth twelve-calendar-month period after
the date of enactment. Criminal history rec-
onl. information maintained in Federal fa-
cilities pursuant to this subsection shall be
limited to information on offenses for which
imprisonment in excess of one year is per-
mitted under the laws of the jurisdiction
where the offense occurred.
ADMINISTRATIVE PENALTIES
SEC. 308. If the Board finds that any crim-
inal justice agency has violated silty provi-
sion of this Act, after notice and hearings
it May (1) issue orders or bring actions as
authorized by section 301, (2) interrupt or
tesminate the exchange of information au-
thorized to be exchanged by this act, or (3)
interrupt or terminate the use of Federal
funds for the operation of such a system or
agency, or (4) require the system or agency
to return Federal funds distributed in the
past, or (5) require the system or agency
to discipline any employee responsible for
such violation or (6) take any combination
of such actions.
CIVIL REMEDIES
SEC. 309. (a) Any person aggrieved by a
violation of this Act or regulations promul-
gated thereunder shall have a civil action
for damages or any other appropriate remedy
against any person, system, or agency re-
sponsible for such violation. An action alleg-
ing a violation of section 209 shall be avail-
able only after he has exhausted the admin-
istrative remedies provided by that section.
(b) The Board shall have a civil action
for declaratory judgments, cease and desist
orders, and such other injunctive relief as
may be appropriate against any criminal jus-
tice agency, criminal justice information sys-
tem, criminal justice intelligence informa-
tion system, or criminal justice investigative
information system.
(c) If a defendant in an action brought
under this section is an officer or employee
or agency of. the United States; the action
shall be brought in an appropriate United
States district court. If the defendant or de-
fendants in an action brought under this sec-
tion are private persons or officers or em-
ployees or agencies of a State or local gov-
ernment, the action may be brought in an
appropriate United States district court or
in any other court of competent jurisdiction.
The district courts of the United States shall
have jurisdiction over actions described in
this section without regard to the amount
in controversy.
(d) In any action brought pursuant to this
Act, the court may in its discretion issUe an
order enjoining maintenance or dissemina-
tion of information in violation of this Act,
or correcting reoor,ds of such information or
any other appropriate remedy except that in
an action brought pursuant to subsection
(b) the court may order only declaratory or
injunctive relief.
(e) In an action brought pursuant to sub-
section (a), any person aggrieved by a viola-
tion of this Act shall be entitled to actual
and general damages but not less than
liquidated damages of a $100 recovery for
each violation and reasonable attorneys'
fees and other litigation costs reasonably in-
curred. Exemplary and punitive damages
may be granted by the court in appropriate
cases brought pursuant to subsection (a).
Any person, system, or agency responsible
for violations of this Act shall be jointly and
severally liable to the person aggrieved for
damages granted pursuant to this subsec-
tion: Provided, however, That good faith re-
liance by an agency or information system,
or employee of such agency or system upon
the assurance of another agency, informa-
tion system or employee that information
provided the former agency, information
system, or employee is maintained or dis-
seminated in compliance with the provisions
of this Act or any regulations issued there-
under shall constitute a complete defense
for the former agency, system, or employee
to a civil damage action brought under this
section but shall not constitute a defense
with respect to equitable relief.
(f) For the purposes of this Act the Unit-
ed States shall be deemed to have consented
to suit and any agency or system operated by
the United States found responsible for a
violation shall be liable for damages, reason-
able attorney's fees, and litigation costs as
provided in subsection (e) notwithstanding
any provisions of the Federal Tort Claims
Act.
(g) A determination by a court of a vio-
lation of internal operating procedures
adopted pursuant to this Act should not be
a basis for excluding evidence in a criminal
case unless the violation is of constitutional
dimension or is otherwise so serious as to
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cannot be disseminated. This recommenda-
tion is especially valid if the following rec-
ommendations on sealing is adopted.
5. Sealing and Purging. (Section 208.)
SEARCH Group endorses the sealing pro-
vision of S. 2963, provided that the 5-year
period for sealing arrest records that are not
prosecuted or where no conviction occurs be
changed to 2 years.
6. Access for Challenge. (Section 209.)
SEARCH Group assumes that regulations
will be issued under section 207(c) (1) of the
Act that specify time periods for retention
of dissemination records covered by the Act
rather than requiring such records to be
maintained indefinitely. Under this assump-
tion, SEARCH Group endorses this section
with the following changes:
(a) The agency to which the challenge is
made shall give notice of the challenge to
all persons or agencies to whom it dissemi-
nates the record after the challenge is made;
(b) If an individual prevails in his chal-
lenge, he may, upon request, obtain a list
of the names of individuals and/or agen-
cies to whom the incomplete or inaccurate
records have been disseminated during the
period for which such records must be main-
tained under other provisions of the Act;
(c) If the challenge prevails, the agency
to which it was made shall be required to
give notice of the correction to all persons
or agencies to whom it disseminated the rec-
ord during the period the Act requires such
records to be maintained, and to request that
those persons and agencies correct the record
and notify others to whom they have dis-
seminated the record to do likewise.
7. Intelligence Information. (Section 210.)
SEARCH Group recommends a modifica-
tion of subsection (f) which prohibits direct
remote terminal access to automated intel-
ligence files on an inter-agency basis unless
subsequently authorized by. law. Although
allegations and uncorroborated data should
not be directly accessible by automated
means to agencies outside of the collecting
agency, there is a strong need to permit com-
puter-based sharing of information already
in the public domain and to enable investi-
gators to determine the identity of other
agencies which might hold additional infor-
mation that might be obtained by personal
contact. Such an index or "pointer" system
would be very helpful in coordinating the
investigation and prosecution or organized
crime members whose mobility is well-known.
Therefore, SEARCH Group recommends that
a limited capability for the automated in-
terstate exchange of identification and spec-
ified public record data be authorized by the
Act.
8. Criminal Justice Information Systems
Board. (Section 310.)
SEARCH Group endorses the concept of a
governing board composed of federal and
state representatives with administrative and
enforcement responsibility for implementa-
tion of the Act, provided that?
(a) A majority of the members be officials
of state and local criminal justice agencies
representative of a full spectrum of the crim-
inal justice system;
(b) The membership of the Board include
private citizens; and
(c) The Board have authority to issue and
enforce regulations governing state local and
interstate systems and records to the extent
of federal participation in federal-state sys-
tems such as the national interstate system
created by section 307.
In addition, some mechanism should be
developed to clarify the apparent intent of
the Act that the Board focus its efforts on
state, local and interstate information sys-
tems. Regulations dealing with exclusively
federal systems should be developed through
some alternative means, such as by order of
the President or by a separate Federal CJIS
Board.
9. CJIS Advisory Committee. (Section 392.)
SEARCH Group advises against the sta-
tutory creation of a new national commit-
tee, since its authority would be merely hor-
tatory and its staff functions would be
largely duplicative- of the activities of the
Board. Instead, it is recommended that the
advisory role be handled by a statutory re-
quirement that the Board consult with
SEARCH Group before issuing regulations,
interpretations, procedures and the like that
Impact on state, local or interstate systems.
Since SEARCH Group consists of members
appointed by the governors of all 50 states
and the several territories and has for sev-
eral years provided broad representation for
the views of all segments of the criminal
justice system, it already has considerable
expertise in acting as exactly the sort of
forum for the presentation of state and local
views to the Congress and federal agencies
as was envisioned by the drafters of section
302.
10. Wanted Persons Information. (Section
304.)
SEARCH Group recommends appropriate
modification of the provisions of section 304
and a related provision in section 301(d) (2)
to permit the dissemination of wanted per-
sons information to criminal justice agencies
located in states that have failed to satisfy
the requirements of section 304. These mod-
ifications should make it clear that the CJIS
Board may not prohibit such disseminations
solely on the basis of failure to comply with
section 301.
11. National Criminal Justice Information
System. (Section 309.)
SEARCH Group agrees with the concept of
maintaining only an index of state records at
the federal level. However, the practicalities
of operating state systems have demonstrated
that it is more economical to allow the fed-
eral system to maintain records of offenders
active in more than one state in addition to
records of federal offenders. Consequently,
SEARCH Group recommends that section 307
be amended to permit the national index to
maintain records of individuals with viola-
tions in two or more states.
Mr. ERVIN. Incidentally, the SEARCH
resolution refers to committee print 3
of S. 2963 and also suggests a number of
changes in that bill as a condition of its
support. The bill I introduce today con-
tains all of the provisions of committee
print 3 plus all of the changes requested
by SEARCH.
I understand that SEARCH is not the
only law enforcement organization con-
sidering endorsement of this legislation.
The National Conference of Criminal
Justice Administrators, composed of the
LEAA State Planning Administrators
from each State, are considering en-
dorsement of this legislation.
There is also support beginning to
emerge among press organizations. For
example, the staff of the subcommittee
has been working very closely with the
American Society of Newspaper Editors
and the American Newspaper Publishers
Association. Although neither group has
endorsed the bill it is my understanding
that they would not oppose a bill con-
taining the provisions of the bill I have
introduced today.
In conclusion, it was clear from the
hearings we held in March that there is
a consensus within law enforcement,
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within the administration including the
Justice Department and the FBI, as well
as among the members of the subcom-
mittee, that legislation in this field is ab-
solutely essential. From a law enforce-
ment point of view progress on the de-
velopment of a system of nationwide
exchange of records is impossible with-
out the development of a uniform body
of law on the subject. From the point of
view of the individual data subject only
Federal legislation can provide a com-
prehensive legal protection of his right
to privacy and protection of his reputa-
tion. Finally, there is emerging a con-
sensus among interested parties on this
legislation. Therefore, I hope that the
members of the subcommittee, its new
chairman, and the rest of my colleagues
In the Senate will seriously consider re-
introducing this bill next Congress and
acting on it or a variation thereon.
I ask unanimous consent that the bill
and a section-by-section analysis be in-
serted at this point in the RECORD.
There being no objection, the bill and
analysis were ordered to be printed in
the RECORD, as follows:
S. 4252
A bill to protect the constitutional rights
and privacy of individuals upon whom
criminal justice information and criminal
justice intelligence information have been
collected and to control the collection and
dissemination of criminal justice informa-
tion and criminal justice intelligence in-
formation, and for other purposes
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "Criminal Justice
Information Control and Protection of Pri-
vacy Act of 1974".
TITLE I?FINDINGS AND DECLARATION
OF POLICY; DEFINITIONS; APPLICA-
BILITY
CONGRESSIONAL FINDINGS AND DECLARATION
OF POLICY
SEC. 101. The Congress finds and declares
that the several States and the United States
have established criminal justice informa-
tion systems, criminal justice investigative
information systems, and criminal justice in-
telligence information systems which have
the capability of transmitting and exchang-
ing criminal justice information, criminal
justice investigative information, and crimi-
nal justice intelligence information between
or among each of the several States and the
United States; that the exchange of this
Information by Federal agencies is not clearly
authorized by existing law; that the ex-
change of this information has great poten-
tial for increasing the capability of criminal
justice agencies to prevent and control
crime; that the exchange of inaccurate or
Incomplete records of such information can
do irreparable injury to the American citi-
zens who are the subjects of the records of
the information; that the increasing use of
computers and sophisticated information
technology has greatly magnified the harm
that can occur from misuse of these systems;
that citizens' opportunities to secure employ-
ment and credit and their right to due proc-
ess, privacy, and other legal protections are
endangered by misuse of these systems;
that in order to secure the constitutional
rights guaranteed by the first amendment,
fourth amendment, fifth amendment, sixth
amendment, ninth amendment, and four-
teenth amendment, uniform Federal legisla-
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tion is necessary to govern these systems;
that these systems are federally funded, and
they contain information obtained from Fed-
eral sources or by means of Federal funds, or
are otherwise supported by the Federal Gov-
ernment; that they utilize interstate facil-
ities of communication and otherwise affect
commerce between the States; that the great
diversity of statutes, rules, and regulations
among the State and Federal systems re-
quire uniform Federal legislation; and that
in order to insure the security of criminal
justice information systems, criminal justice
investigative information systems, and crim-
inal justice intelligence information sys-
tems, and to protect the privacy of individ-
uals named in such systems, It is necessary
and proper for the Congress to regulate the
exchange of such information.
DEFINITIONS
SEC. 102. For the purposes of this Act?
(1) "Information system" means a system,
whether automated or manual, operated or
leased by Federal, regional, State, or local
government or governments, including the
equipment, facilities, procedures, agree-
ments, and organizations thereof, for the
collection, processing, preservation, or dis-
semination of information.
(2) "Criminal justice information sys-
tem" means an information system which
contains only criminal justice information.
(3) "Criminal justice investigative in-
formation system" means an information
system which contains criminal justice in-
vestigative information.
(4) "Criminal justice intelligence informa-
tion system" means an information system
which contains criminal justice intelligence
information.
(5) "Automated system" means an in-
formation system that utilizes electronic
computers, central inforMation storage fa-
cilities, telecommunications lines, or other
automatic data processing equipment used
wholly or in part for data dissemination,
collection, analysis, or display as distin-
guished from a system in which such ac-
tivitie.s are performed manually.
(6) "Dissemination" means the trans-
mission of information, whether orally, in
writing, or by electronic means.
(7) "The administration of criminal jus-
tice" means any activity by a criminal jus-
tice agency directly involving the apprehen-
sion, detention, pretrial release, posttrial re-
lease, prosecution, defense, adjudication, or
rehabilitation of accused persons or criminal
offenders or the collection, storage, dissemi-
nation, or usage of criminal justice informa-
tion.
(8) "Criminal justice agency" means a
court and any other governmental agency
created by statute or any submit thereof
created pursuant to statute, or State or
Federal constitution which performs as its
principal function, as authorized pursuant
to statute, the administration of criminal
justice, and any other agency or subunit
thereof which performs a function which
Is the administration of criminal justice
but only to the extent that it performs that
function. A criminal justice agency also
includes an organization which by con-
tract with a criminal justice agency per-
forms a function which is the administra-
tion of criminal justice but only to the ex-
tent that it performs that function. Any pro-
vision of this Act which relates to the ac-
tivities of a criminal justice agency also
relates to any information system under its
management control or any such system
which disseminates information to or collects
Information from that agency.
(9) "Criminal justice information" means
ii lentifice.tIon record information, wanted
persons record information, arrest record
information, nonconviction record informa-
t on, conviction record information crim-
inal history record information, and cor-
rectional and release information. The term
does not include--
(A) statistical or analytical records or re-
ports in which individuals are not identified
and from vrnich their identities are not
ascertainable,
(B) criminal justice investigative informa-
t on,
(C) criminal justice intelligence Informa-
tion, or
(D) records of traffic offenses maintained
by departments of transportation, motor vs -
tidies, or the equivalent, for the purpose of
regulating the issuance, suspension, revo-
cation, or renewal of drivers' licenses.
(10) "Identification record information''
means fingerprint classifications, voice print-,
photographs, and other physical descriptive
data concerning an individual which does
not include any indication or suggestion
that the individual has at any time been
suspected of or charged with a criminel
cffense.
(11) "Wanted persons record information"
means identification record information on
en individual against whom there is an
outstanding arrest warrant including the
charge for which the warrant was issued and
information relevant to the individual's dan-
ger to the community and such other in-
formation that would facilitate the regain-
ing of the custody of the individual.
(12) "Arrest record information" means
notations of arrest, detention, indictmen,
fling of information, or other forma
criminal charge on an individual which does
not include the disposition arising out of
that arrest, detention, indictment, informa-
tion, or charge. The term shall not include
an original book of entry or police blotter
whether automated or manual maintained
by a law enforcement agency at the place c#f
original arrest or detention, not indexed or
Ezcessible by name and required to be made
public nor shall it include records of public
criminal proceedings or any index thereto in-
dexed or accessible by date or by docket or
file number or indexed or accessible by name
ED long as such index contains no other Ir
I ormation than a cross-reference to the
original court records by docket or fi,e
number.
(13) "Noncortviction record Information"
means criminal history record information
which is not conviction record informatien.
(14) "Conviction record information"
means criminal history record information
disclosing that a person has pleaded guilty
or nolo contendere to or was convicted of
any criminal offense in a court of justice,
rentencing information, and whether such
plea or judgment has been modified or re-
,rersed.
(15) "Criminal history record informa-
l:ion" means information on an individual
consisting of notations of arrests, detentions,
indictments, informations, or other formal
criminal charges and any disposition arising
tom these arrests, detentions, indictments,
.nformations, or charges. The term shall not
:nclude an original book of entry or police
blotter whether automated or manual main-
-mined by a law enforcement agency at the
]elace of original arrest or place of detention,
not indexed or accessible by name and re-
quired to be made public nor shall it include
,court records of public criminal proceedings
or official records of pardons or paroles or
any index thereto indexed or accessible by
date or by docket or file number or indexed
er accessible by name so long as such index
contains no other information than a cross-
reference to the original court pardon or
parole records by docket or file number.
(16) "Disposition" means informtaion dis-
closing that criminal proceedings have been
concluded, including information disclosing
that the police have elected not to refer a
matter to a prosecutor or that a prosecutor
has elected not to commence criminal pro-
ceedings and also disclosing the nature of the
termination in the proceedings; or informa-
tion disclosing that proceedings have been
Indefinitely postponed and also disclosing the
reason for such postponement. Dispositions
shall include, but not be limited to, acquittal
acquittal by reason of insanity, acquittal
by reason of mental incompetence, case con-
tinued without finding, charge dismissed,
charge dismissed due to insanity, charge dis-
missed due to mental incompetency, charge
still pending due to insanity, charge still
pending due to mental incompetence, guilty
plea, none prosequi, no paper, nolo conten.-
tiers plea, convicted, deceased, deferred dis-
position, dismissed-civil action, extradited,
found insane, found mentally incompetent,
pardoned, probation before conviction, sen-
tence commuted, adjudication withheld,
mistrial-defendant discharged, or executive
clemency.
(17) "Correctional and release informa-
tion." means information on an individual
compiled by a criminal justice or noncrim-
inal justice agency in connection with bail,
pretrial or posttrial release proceedings, re-
ports on the physical or mental condition of
an alleged offender, reports on presentence
investigations, reports on inmates in correc-
tional institutions or participants in rehabil-
itation programs, and probation and parole
reports.
(18) "Criminal justice investigative in-
formation" means information associated
with an identifiable individual compiled by
a criminal justice agency in the course of
conducting a criminal investigation of a
specific criminal act including information
pertaining to that criminal act derived from
reports of informants and investigators, or
from any type of surveillance. The term does
not include criminal justice information nor
does it include initial reports filed by a law
enforcement agency describing a specific in-
cident, not indexed or accessible by name
and expressly required by State or Fed-
eral statute to be made public.
(19) "Criminal justice intelligence infor-
mation" means information associated with
an identifiable individual compiled by a crim-
inal justice agency in the course of con-
ducting an investigation of an individual
relating to possible future criminal activity
of an individual or relating to the reliability
of such information including information
derived from reports of informants, investi-
gators, or from any type of surveillance. The
term does not include criminal justice in-
formation nor does it include initial reports
filed by a law enforcement agency describing
a specific incident, not indexed or accessible
by name and expressly required by State
or Federal statute to be made public.
(20) "Law enforcement agency" means a
criminal justice agency which is empowered
by State or Federal law to make arrests for
violations of State or Federal law.
(21) "Seal" means to close a record pos-
sessed by a criminal justice agency so that the
information contained in the record is-avail-
able only in the circumstances set out in
section 208(b) (5).
(22) "Judge ? of competent jurisdiction"
means (a) a judge of a United States district
court or a United States court of appeals;
(b) a Justice cd the Supreme Court of the
United States; (c) a judge of any court of
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general criminal jurisdiction in a State; or
(d) any other official in a State who is au-
thorized by a statute of that State to enter
orders authorizing access to criminal justice
Information.
(23) "Attorney General" means the Attor-
ney General of the United States.
(24) "State" means any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any
territory or possession of the United States.
APPLICABILITY
SEC. 103. (a) This Act applies to criminal
justice information, criminal justice in-
vestigative information, or criminal justice
intelligence information maintained in in-
formation systems which are?
(1) operated by the Federal Government,
(2) operated by a State or local govern-
ment and funded in whole or in part by the
Federal Government,
(3) operated as interstate systems,
(4) operated by a State or local govern-
ment and engaged in the exchange of in-
formation with a system covered by para-
graph (1), (2), or (3) but only to the ex-
tent such information is available for ex-
change or dissemination with a system
covered by paragraph (1), (2), or (3).
(b) The provisions of this Act do not apply
to?
(1) origial books of entry or police blotters,
whether automated or manual, maintained
by a law enforcement agency at the place
of original arrest or place of detention, hot
indexed or accessible by name and required
to be made public;
(2) court records of public criminal pro-
ceedings or official records; of pardons or
paroles or any index thereto indexed or
accessible by date or by docket or file number
or indexed or accessible by name so lOng as
such index contains no other information
than a cross reference to the original pardon
or parole records by docket or file number;
(3) public criminal proceedings and court
opinions, including published compilations
thereof;
(4) records of traffic offenses maintained
by departments of transportation, motor ve-
hicles, or the equivalent, for the purpose
of regulating the issuance, suspension,
revocation, or renewal of drivers' licenses;
(5) records relating to violations of the
Uniform Code of Military Justice but only
so long as those records are maintained solely
within the Department of Defense; or
(6) statistical or analytical records or re-
Ports in which individuals are not identified
and from which their identities are not
ascertainable.
TITLE /I?COLLECTION AND DISSEMINA-
TION OF CRIMINAL JUSTICE INFORMA-
TION, CRIMINAL JUSTICE INVESTIGA-
TIVE INFORMATION AND CRIMINAL
JUSTICE INTELLIGENCE INFORMATION
DISSEMINATION, ACCESS AND USE OF CRIMINAL
JUSTICE INFORMATION?CRIMINAL JUSTICE
INFORMATION
SEC. 201. (a) With limited exceptions here-
after described, direct access to criminal jus-
tice information should be limited to au-
thorized officers or empinyees of criminal
justice agencies, established pursuant to
Federal or State statute, and the use of
such information should be limited to pur-
poses of the administration of criminal
justice.
(b) Consistent with regulations adopted
by the Criminal Justice Information Systems
Board, each criminal justice information
system shall adopt procedures reasonably
designed to insure?
(1) Conviction Record Information.?That
routine exchange between criminal justice
agencies are limited to conviction record in-
formation:
(2) Arrest Record Information.?That ex-
change of arrest record Information or non-
conviction record information between
criminal justice agencies are carefully re-
stricted to the following purposes?
(A) The screening of an employment ap-
plication or review of employment by the
criminal justice agency requesting the ex-
change with respect to its own employees or
applicants,
(B) The commencement of prosecution,
determination of pretrial or posttrial re-
lease or detention, the adjudication of crim-
inal proceedings, or the preparation of a
presentence report,
(C) The supervision by a criminal justice
agency of an individual who had been com-
mitted to the custody of that agency prior
to the time on which the arrest occurred
or the charge was filed,
(D) The investigation by a law enforce-
ment agency of an individual when that in-
dividual has already been arrested or de-
tained,
(E) The development of investigative
leads by a law enforcement agency concern-
ing an individual who has not been arrested,
when the law enforcement agency requesting
the information assures that there are spe-
cific and articulable facts which taken to-
gether with rational inferences from those
facts warrant the conclusion that the indi-
vidual has committed or is about to commit
a criminal act and the information requested
may be relevant to that act,
(F) The alerting of a law enforcement
officer in the requesting agency that a par-
ticular individual may present a danger
to his safety, or
(0) Similar essential purposes to which
the information is relevant as defined in the
procedures prescribed by the criminal jus-
tice agency;
(3) Correctional and Release Informa-
tion.?That correctional and release in-
formation is disseminated only to criminal
justice agencies or to the individual to whom
the information pertains, or his attorney,
where authorized by Federal or State statute,
Court rule, or court order..
DISSEMINATION OF IDENTIFICATION RECORD
INFORMATION AND WANTED PERSONS RECORD
INFORMATION
SEC. 202. Identification record information
may be used or disseminated for any au-
thorized purpose. Wanted person informa-
tion may be used or disseminated for any
authorized purpose relating to the admin-
istration of criminal justice.
DISSEMINATION, ACCESS AND USE OF CRIMINAL
JUSTICE INFORMATION?NONCRIMINAL JUS-
TICE AGENCIES
SEC. 203. (a) Except as otherwise provided
by this Act, conviction record information
may be made available for purposes other
than the administration of criminal justice
only if expressly authorized by applicable
Federal statute or State statute or if the
Information is to be made available to a Fed-
eral agency for such purpose if expressly
authorized by Federal Executive order: Pro-
vided, however, That conviction record in-
formation may not be used for such purpose
where prohibited by a State statute in the
State where the conviction occurred.
(b) (1) Arrest record information indicat-
ing that an indictment, information, or for-
mal charge has been made against all indi-
vidual, has been made within twelve months
of the date of the request for information,
and is still pending, may be made available
for a purpose other than the administration
of criminal justice if the Criminal Justice
Informaton Systems Board determines that
access to that information is expressly and
specifically authorized by a Federal statute
or State statute or if the information is to
be made available to a Federal agency for
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such purpose if expressly authorized by Fed-
eral Executive order: Provided, however,
That conviction record information may not
be used for such purpose where prohibited
by a State statute in the State where the
arrest occurred.
(2) Arrest record information furnished
pursuant to this subsection may be used only
for the purpose for which it was sought and
may not be retained or copied by the request-
ing agency beyond the time necessary to ac-
complish the statuatory purpose for which
it was sought in the particular instance.
(c) When conviction record information or
arrest record information is requested pur-
suant to this subsection, the requesting
agency has the obligation to put the individ-
ual on notice that such information about
him will be requested and that he has the
right to seek review of his record for the pur-
pose of challenge or correction.
(d) Criminal justice information may be
made available to qualified persons for re-
search related to the administration of
criminal justice under rgulations issued by
the Criminal Justice Information Systems
Board. Such regulations shall require that
the researcher preserve the anonymity of the
individuals to whom such information re-
lates, that nondisclosure agreements by all
participants in the research program be
completed, and that such additional require-
ments and conditions are met as the Board
finds necessary to assure the protection of
privacy and the security of the information.
In formulating regulations pursuant to this
section, the Board shall develop procedures
designed to prevent this section from being
used by criminal justice agencies to deny
arbitrarily access to criminal justice informa-
tion to qualified persons for research pur-
poses where they have otherwise expressed
a willingness to comply with regulations
issued pursuant to this section.
(e) Where an organization is a criminal
justice agency only by virtue of the fact that
It has a contractual relationship with a Gov-
ernment agency to perform a function which
is the administration of justice, or where a
subunit of an agency is a criminal justice
agency only by virtue of the fact that it per-
forms a function which is the administration
of criminal justice, such organization or sub-
unit shall be treated as a qualified person for
research purposes pursuant to subsection (d)
of this section. Such organization or subunit
shall be required to complete nondisclosure
agreements, shall comply with such require-
ments imposed upon it by this Act by virtue
of its being a criminal justice agency, and
such additional requirements and conditions
as the Board finds necessary to assure pro-
tection of privacy and the security of in-
formation.
(f) No provision of this Act shall prohibit
an employee of a criminal' justice agency
from confirming to members of the news
media or any other citizen that an individual
is being detained, or incarcerated and the
location of his detention or incarceration, or
that an individual was arrested, detained, in-
dicted, or that an information or other form-
al criminal charge was filed against the in-
dividual on a particular date at a particular
place based on the employee's personal recol-
lection or by reference to an original book of
entry or police blotter maintained by a law
enforcement agency at the place of original
arrest or detention, not indexed or accessible
by name and required to be made public, or
by reference to court records of public crim-
inal proceedings or official records of pardons
or paroles indexed or accessible by date or
indexed by name so long as such index only
contains docket or file numbers of original
court records. Where a court or criminal jus-
tice agency which maintains a record of par-
dons or paroles, also maintains a name index
to original court, pardon or parole records
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CONGRESSIONAL RECORD?SENATE December 18, 1974
containing criminal justice information in
addition to docket or file numbers then un-
less prohibited by Federal or State statute
the court or criminal justice agency must
either maintain a separate name index which
contains only cross-references to the docket
or file numbers to the original records, or it
must provide upon request the docket num-
ber or numbers corresponding to any name
in their index file.
(g) This Act applies to criminal justice
information obtained from a foreign govern-
ment or an internatitonal agency to the ex-
tent such information is contained in an in-
formation system subject to this Act. The
Criminal Justice Information Systems Board
shall take steps to assure that to the maxi-
mum extent feasible whenever any criminal
justice information contained in informa-
tion systems subject to this Act is provided
to a foreign government or an international
agency, that such information is used in a
manner consistent with the provisions of
this section.
DISSEMINATION, ACCESS, AND USE OF CRIMINAL
JUSTICE INFORMATION?APPOINTMENTS AND
EMPLOYMENT INVESTIGATIONS
SEC. 204. (a) A criminal justice agency may
disseminate criminal justice informatian,
whether or not sealed pursuant to section
208, criminal justice intelligence informa-
tion, and criminal justice investigative in-
formation to a Federal, State, or local gov-
ernment official who is authorized by law
to appoint or to nominate executive officers
of law enforcement agencies, members of the
Criminal Justice Information Systems Board,
or any board or agency created or designated
pursuant to section 304, and to any legisla-
tive body authorized to approve such ap-
pointments. The criminal justice agency
shall only disseminate such information con-
cerning an individual upon notification from
such official that he is considering that in-
dividual for such an office or from the legis-
lative body that the individual has been
nominated for the office and that the in-
dividual has been notified of the request for
such information and has given his written
consent to the release of the information.
(b) A criminal justice agency may dissemi-
nate arrest record information and criminal
history information, whether or not sealed
pursuant to section 208, to a Federal, State,
or local government official who is not a
criminal justice agency but who is author-
ized by law to appoint or nominate judges
or executive officers of criminal justice
agencies and to any legislative body author-
ized to approve such nominations. The crimi-
nal justice agency shall only disseminate
such information concerning an individual
upon notification from such official that he
is considering that individual for such an
office or from the legislative body that the
Individual has been nominated for the office
and that the individual has been notified of
the request for such information and has
given his written consent to the release of
the information.
(c) A criminal justice agency may dissemi-
nate arrest record information, criminal his-
tory record information, whether or not
sealed pursuant to section 208, to an agency
of the Federal Government for the purpose
of an employment application investigation,
an employment retention investigation, or
the approval of a security clearance for access
to classified information, when the Federal
agency requests such information as a part
of a comprehensive investigation of the his-
tory and background of an individual, pur-
suant to an obligation to conduct such an
investigation imposed by Federal statute or
Federal Executive order, and pursuant to
agency regulations setting forth the nature
and scope of such an investigation. At the
time he files his application, seeks a change
of employment status, applies for a security
clearance, or otherwise causes the initiation
of the investigation, the individual shall be
put on notice that such an investigation will
he conducted and that access to this type of
I aformation will be sought.
(d) A criminal justice agency may dis-
seminate criminal justice investigative in-
formation and criminal justice intelligence
information to an agency of the Federal
Government for the purpose of determining
eligibility for security clearances allowing
access to information classified as top secret
then the Federal agency requests the crimi-
nal justice investigative or criminal justice
Intelligence information as a part of a com-
prehensive investigation of the history an-i
background of an individual, pursuant to an
obligation to conduct such an investigation
Imposed by Federal statute or Federal r.,x -
ccutive order, and pursuant to agency reg-
ulations setting forth the nature and scope
of such an investigation. At the time he ap-
plies for a security clearance, the individual
shall be put on notice that such an investi-
nation will be conducted and that access to
shis type of information will be sought.
(e) Arrest record information, criminal
nistory record information, criminal justice
investigative information, and criminal jus-
sine intelligence information furnished pur-
suant to this section to an agency, official,
or legislative body, may be used only for the
:rurpose for which it is sought and may not
redisseminated, retained, or copied by the
sequestor beyond the time necessary to ac-
,3omplish the statutory purpose for which it
was sought in the particular instance.
SECONDARY USE OF CRIMINAL JUSTICE
INFORMATION
SEC. 205. Any agency having access to, or
receiving criminals justice information is
prohibited, directly or through any inter-
mediary, from disseminating such informa-
tion to any individual or agency not author-
ized to have such information or from using
such information for a purpose not author-
ized by this Act:. Provided, however, Th it
rehabilitation officials of criminal justice
agencies with the consent of an individual
under their supervision to whom the infor-
mation refers may orally represent the sub-
stance of the individual's criminal history
record information to prospective employers
or other individuals if such representation is,
in the judgment of such officials and the in-
dividual or his attorney, if represented by
counsel, helpful to obtaining employment or
rehabilitation for the individual. In no event
shall such correctional officials disseminate
records or copies of records of criminal his-
tory record information to any unauthor-
ized individual or agency. A court may dis-
close criminal justice information, criminal
justice investigative information or crimi-
nal justice intelligence information on an
individual in a published opinion or in a
public criminal proceeding.
METHOD OF ACCESS AND ACCESS WARRANTS FOR
CRIMINAL JUSTICE INFORMATION
SEC. 208. (a) Except as provided in section
203(d) or in subsection (b) of this section,
an automated criminal justice information
system may disseminate arreat record infc-r-
mation, criminal history record information
or conviction record information on an indi-
vidual only if the inquiry is based upon
identification of the individual by means of
name or other identification record infor-
mation. The Criminal Justice Information
Systems Board shall issue regulations to
prevent dissemination of such information,
except in the above situations, where in-
quiries are based upon categories of offense
or data elements other than name and
Identification record information and to
require that, after the arrest of an individ-
ual, such information concerning him shall
be available only on the basis of positive
Identification of him by means of finger-
prints or other reliable identification record
information.
(b) Notwithstanding the provisions of sub-
section (a) an automated criminal justice
information system may disseminate arrest
record information and conviction record in-
formation to law enforcement agencies
where inquiries are based upon categories of
offense or data elements other than iden-
tification record information if the informa-
tion system has adopted procedures reason-
ably designed to insure that such informa-
tion is used only for the purpose of develop-
ing investigative leads for a particular crim-
inal offense and that the individuals to which
such information is disseminated have a
need to know and a right to know such in-
formation. Access to nonconviction record
Information contained in automated crimi-
nal justice information systems on the basis
of data elements other than identification
record information shall be permissible for
the purpose of developing investigative leads
for a particular criminal offense if the law
enforcement agency seeking such access has
first obtained a class access warrant from a
United States Magistrate or a judge of com-
petent jurisdiction. Such warrants may be
issued as a matter of discretion by the judge
in cases in which probable cause has been
shown that (1) such access is imperative for
purposes of the law enforcement agency's re-
sponsibilities in the administration of crimi-
nal justice, and (2) the information sought
to be obtained is not reasonably available
from any other source or through any other
method. A summary of each request for such
a warrant, together with a statement of its
disposition, shall within ninety days of dis-
position be furnished to the Criminal Justice
Information Systems Board by the law en-
forcement agency.
SECURITY, ACCURACY, AND UPDATING OF
CRIMINAL JUSTICE INFORMATION
SEC. 207. Consistent with - regulations
adopted by the Criminal Justice Informa-
tion Systems Board, each criminal justice
Information system shall adopt procedures
reasonably designed at a minimum--
(a) To insure the physical security of the
system, to prevent the unauthorized dis-
closure of the information contained in the
system, and to insure that the criminal jus-
tice information in the system is currently
and accurately revised to include subse-
quently received information. The proce-
dures shall also insure that all agencies to
which such records are disseminated or from
which they are collected are currently and
accurately informed of any correction, dele-
tion, or revision of the records. Such pro-
cedures adopted by automated systems shall
provide that any other information system
or agency which has direct access to crimi-
nal justice information contained in the
automated system be informed as soon as
feasible of any disposition relating to ar-
rest record information on an individual
or any other change in criminal justice in-
formation in the automated system's pos-
session.
(b) To insure that criminal justice agency
personnel responsible for making or record-
ing decisions relating to dispositions shall
as soon as feasible report such dispositions
to an appropriate agency or individual for
entry into criminal justice information sys-
tems that cantain arrest record information
to which such dispositions relate.
(c) To insure that records are maintained
with regard to?
(1) requests from any other agency or
person for criminal justice information.
Such records shall include the identity and
authority of the requester, the nature of
the information provided, the nature, pur-
pose, and disposition of the request, and
pertinent dates;
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(2) the source of arrest record informa-
tion and criminal history information.
(d) To insure that information may not be
submitted, modified, updated, or removed
from any criminal justice information sys-
tem without verification of the identity of
the individual to whom the information re-
fers and an indication of the person or
agency submitting, modifying, updating, or
removing the information.
(e) If the Criminal Justice Information
Systems Board finds that the additional cost
of implementation of this section outweigh
the interests of privacy which would be
served by the implementation it may exempt
the provisions of this section from applica-
tion to information entered into a criminal
justice information system prior to the effec-
tive date of this Act. The Criminal Justice
Information Systems Board shall determine
(by applying the same standard) the extent
to which information entered into a criminal
justice information sytem prior to the effec-
tive date of this Act should be exempted
from other provisions of or requirements of
this Act.
SEALING AND PURGING OF CRIMINAL JUSTICE
INFORMATION
SEC. 208. (a) DISCRETIONARY SEALING OF
Puasms?GENERALLY.?Consistent with reg-
ulations adopted by the Criminal Justice In-
formation Systems Board, each criminal
justice information system shall adopt pro-
cedures reasonably designed to insure that
criminal justice information is purged or
sealed when required by State or Federal
statute, State or Federal regulations, or
court order.
(b) MANDATORY SEALING.?Consistent with
regulations adopted by the Criminal Justice
Information Systems Board each criminal
justice information system shall adopt proce-
dures reasonably designed to insure that
criminal justice information is sealed when,
based on considerations of age, nature of the
record, or the interval following the last en-
try of information indicating that the indi-
vidual is under the jurisdiction of a criminal
justice agency, the information is unlikely
to provide a reliable guide to the behavior
of the individual. Procedures adopted pur-
suant to this subsection shall at a minimum
provide?
(1) CONVICTION, NONCONVICTION, OR ARREST
RECORDS:FOF the prompt sealing or purging
of criminal justice information relating to
an individual who has been free from the
jurisdiction or supervision of any criminal
justice agency for?
(A) FELONY RECORDS.?.-A period of seven
years, if the individual has previously been
convicted of an offense for which imprison-
ment in excess of one year is permitted under
the laws of the jurisdiction where the con-
viction occurred and such offense has not
been specifically exempted from sealing by a
Federal or State statute,
(B) NONFELONY RECORDS:A period of five
years, if the individual has previously been
convicted of an offense for which the maxi-
mum penalty is not greater than imprison-
ment for one year under the laws of the ju-
risdiction where the conviction occurred, or
(C) NONCONVICTION OR ARREST RECORDS:A
period of two years following an arrest, de-
tention, or formal charge, whichever comes
first, if no conviction of the individual oc-
curred during that period, no prosecution is
pending at the end of the period, and the
individual is not a fugitive; and
(2) No PROSECUTION NONCONVICTION
fiscoass.?For the prompt sealing of criminal
history record information in any case in
which a law enforcement agency has elected
not to refer the case to the prosecutor or in
which the prosecutor has elected not to file
an information, seek an indictment or other
formal criminal charge.
(3) PROMPTNESS OF SEALING.?That infor-
mation eligible for sealing, contained in auto-
mated criminal justice information systems
shall be sealed as soon as feasible. The Board
may, in its discretion, permit a criminal
justice information system which is not com-
pletely automated to determine the eligibility
of information for sealing and to seal infor-
mation at the time that access to that infor-
mation is requested.
(4) INDEX OF SEALED azcofins.?That an in-
dex of sealed records, consisting of identifi-
cation record information on the individual
whose record is sealed, is maintained in the
jurisdiction where the arrest or detention
occurred or where the individual was prose-
cuted or at a central repository of records.
Information on such an index shall only be
disseminated to a criminal justice agency for
the purpose of identifying an individual or
determining whether a sealed record exists
on an individual when the latter agency is
able to point to specific and articulable facts
which taken together with rational inferences
from those facts warrant the conclusion that
the individual has committed or is about to
commit a criminal act and that the informa-
tion may be relevant to that act. Within a
criminal justice agency, access to and dis-
semination of information on such an index
shall be on a need-to-know, right-to-know
basis.
(5) ACCESS TO SEALED RECORDS?That not-
withstanding subparagraph (b) (1) or (b) (2)
Of this section, a record shall not be con-
sidered sealed?
(A) in connection with research pursuant
to subsection 203(d).
(B) in connection with a review pursuant
to section 209 by the individual or his at-
torney,
(C) in connection with an audit conducted
pursuant to section 306 or 311,
? (D) where a record has been sealed pur-
suant to subparagraph (b) (1) (A) or. (b) (1)
(B) and the individual is subsequently ar-
rested for an offense which is subject to im-
position of a higher sentence under a Federal
or State statute providing for additional
penalties for repeat or habitual offenders,
(E) where the criminal justice agency seek-
ing such access has obtained an access war-
rant from a State judge of competent juris-
diction if the information sought is in the
possession of a State or local agency or in-
formation system, or from a Federal judge
of competent jurisdiction, if the information
sought is in the possession of a Federal agency
or information system. Such warrants may
be issued as a matter of discretion by the
judge in cases in which probable cause has
been shown that (1) such access is impera-
tive for purposes of the criminal justice
agency's responsibilities in the administra-
tion of criminal justice, and (2) the infor-
mation sought to be obtained is not reason-
ably available from any other source or
through any other method,
(F) where pursuant to section 204 an offi-
cial, agency, or legislative body is permitted
access to conviction record information for
the purpose of screening an individual to be
a judge, or an executive in a criminal justice
agency or where an official or agency is per-
mitted access to such information for the
purpose of determining eligibility for a se-
curity clearance, or
(0) where an indictment, information, or
other formal criminal charge is subsequently
filed against the individual.
ACCESS BY INDIVIDUALS TO CRIMINAL JUSTICE
INFORMATION FOR PURPOSES OF CHALLENGE
SEC. 209. (a) Any individual who believes
that a criminal justice agency maintains ar-
rest record information, criminal history in-
formation or wanted persons information
concerning him, shall upon satisfactory veri-
fication of his identity, be entitled to review
such information in person or through coun-
sel in a method convenient to the individual;
and to obtain a copy of it if needed for the
purpose of challenge, correction, or the addi-
tion of explanatory material, or other specific
purpose; and in accordance- with rules
adopted pursuant to this section, to chal-
lenge, purge, seal, delete, correct, and append
explanatory material.
(b) Each criminal justice agency shall
adopt and publish regulations to implement
this section which shall, as a minimum,
provide?
(1) the time, place, fees to the extent au-
thorized by statute, and procedure to be
followed by an individual or his counsel in
gaining access to criminal justice informa-
tion;
(2) that if on the basis of the review of
such information, the individual believes
such information to be inaccurate, incom-
plete, or maintained in violation of this Act,
that he shall have a right to challenge such
information in writing, and if there is no
factual controvery concerning the allegations
in the individual's challenge, that the crimi-
nal justice agency maintaining the record
shall expeditiously purge, seal, modify, or
supplement the information. A failure to do
so shall constitute a final action for the
purpose of subsection 209(b) (7);
(3) that if there is a factual controversy
concerning the allegations in the challenge,
the agency shall request the agency responsi-
ble for original entry of the information to
determine expeditiously the validity of the
allegations; and that if the latter agency
finds that there is a factual controversy, the
agency shall upon written request of that
individual convene a hearing on the challenge
before an official of the agency authorized to
purge, seal, modify, or supplement the in-
formation at which time the individual may
appear with counsel, present evidence, and
examine and cross-examine witnesses;
(4) any record found after such a hearing
to be inaccurate, incomplete, or improperly
maintained shall expeditiously be appropri-
ately modified, supplemented, purged, or
sealed;
? (5) each criminal justice agency shall keep,
and upon such a finding and upon request
by the individual, disclose to such individual
the name and authority of all persons, or
organizations, to which and the date upon
which such incomplete, inaccurate, or im-
properly maintained criminal justice infor-
mation was disseminated during the period
that the agency is required under section
207(c) (1), and regulations implementing
that section, to retain such records of dis-
semination;
(6) (A) the criminal justice agency to
which the challenge is made shall give notice
of the challenge each time it disseminates
the challenged information and any agency
or individual receiving such notice shall give
similar notice each time it further dis-
seminates the challenged information until
such time as the challenge is finally resolved;
and
(B) if any corrective action is taken as a
result of a review or challenge filed pursuant
to this section, the correcting agency shall
give notice of such correction to each agency
or individual to which it has disseminated
the uncorrected information during the
period that the agency is required to retain
records of such disseminations, and shall
instruct each such recipient to correct the
information and to give similar notice to all
agencies or individuals to which it has dis-
seminated the uncorrected information dur-
ing such record retention period; and
(7) the final action of a criminal justice
agency on a request to review and challenge
criminal justice information in its possession
as provided by this section shall be review-
able pursuant to a civil action under section
309. The failure to act expeditiously as de-
fined by regulations issued pursuant to sec-
tion 303 shall be deemed a final action under
this section.
(c) No individual who, in accord with this
section, obtains information regarding him-
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CONGRESSIONAL RECORD ? SENATE December 18, 1974
self may be required or requested to show
or transfer records of that information to any
other person or any other public OP private
agency or organization.
CRIMINAL JUSTICE INTELLIGENCE INFORMATION
SEC. 210. (a) Criminal justice intelligence
information may be collected by a criminal
justice agency only for official law enforce-
ment purposes. It shall be maintained in a
physically secure environment and shall not
be entered in a criminal justice information
system.
(b) Within the criminal justice agency
maintaining the information, direct access to
criminal justice intelligence information
shall be limited to those officers or employees
who have both a need to know and a right
to know such information.
(c) Criminal justice intelligence Informa-
tion regarding an individual may be entered
into a criminal justice intelligence informa-
tion system only if grounds exist connecting
such individual with, known or suspected
criminal activity and if the information is
pertinent to such criminal activity. Criminal
justice intelligence information shall be re-
viewed at regular intervals but at a minimum
at the time such information is disseminated
to determine whether such grounds exist, and
if grounds do not exist such information
shall likewise be purged.
(d) (1) Criminal justice intelligence in-
vestigative information may be disseminated
from the criminal justice agency which col-
lected such information only to a criminal
justice agency or to a Federal agency au-
thorized to receive the information pursuant
to section 204 which has a need to know and
a right to know such information and to in-
dividuals within the latter agency who have
a need to know and a right to know such
information.
(2) Criminal justice intelligence informa-
tion on an individual may be disseminated
from the criminal justice agency which col-
lected such information only to a criminal
justice agency?
(A) which needs the information to con-
firm the reliability of information supplied
to the latter agency; or
(B) which is able to point to specific and
articulable facts which taken together with
rational inferences from those facts warrant
the conclusion that the individual has com-
mitted or is about to commit a criminal act
and that the information may be relevant
to that act.
(e) When access to a criminal justice in-
telligence file is permitted under subsection
(b) or information is disseminated pursuant
to subsection (d) a record shall be kept of
the identity of the person having access or
the agency to which information was dis-
seminated, the date of access or dissemina-
tion, and the purpose for which access was
sought or information disseminated.
(f) Direct remote terminal access to auto-
mated criminal justice intelligence informa-
tion shall not be permitted outside the
agency which collected and automated such
information except where authorized by
Federal statute or State statute: Provided,
however, That remote terminal access shall
be permitted to piratic record information
maintained in intelligence files and to iden-
tification record information sufficient to
provide an index of individuals included in
the automated system and the names and
locations of criminal justice agencies pos-
sessing additional information concerning
such individuals and automatically referring
the reouesting agency's request to the
agency maintaining more complete infor-
mation.
(g) An assessment of criminal justice in-
telligence information may be provided to
a governmental official or to any other indi-
vidual when necessary to avoid imminent
danger to life or property.
(Li) The dissemination of criminal justice
intelligence information to any government
agency or employee of an agency by a crim-
inal justice agency, or the use of such in-
formation by any government agency or em-
ployee of an agency, to influence a political
campaign, discredit a candidate for office, or
otherwise intimidate an individual in the
exercise of rights guaranteed by the first
araendment to the United States Constitu-
tion, shall constitute a violation or section
310.
(i) The Criminal Justice Information Sys-
tems Board shall conduct a study of the pol-
ices of criminal justice agencies concern-
ing the collection of criminal justice intel-
ligence information, and criminal justice in-
vestigative information, and the practices
followed in the collection and dissemination
of such information and shall issue guide-
lines setting forth the policies and practices
necessary to insure protection of the pri-
vacy of individuals and the security of such
information. It shall recommend to the Con-
gress such additional measures as it deems
nu cessary to insure the proper collection and
me of criminal justice intelligence informa-
tion and ciminal justice investigative in-
formation.
(j) This Act applies to criminal justice
intelligence obtained from a foreign govern-
m ant or an international agency to the ex-
tent such information is contained in an
information system subject to this Act. The
Criminal Justice Information Systems
Board shall take steps to assure that to the
m iximum extent feasible whenever any
cr minal justice intelligence information
contained in information systems subject to
this Act is provided to a foreign government
or an international agency, that such in-
formation is used in a manner consistent
with the provisions of this section.
CRIMINAL JUSTICE INVESTIGATIVE INFORMAT/Olf
Sze. 211. (a) Criminal justice investigative
information may be disclosed pursuant to
subsection 552 (b) (7) of title 5 of the United
States Code or any similar State statute,
or pursuant to any Federal or State statute,
co art rule, or court order permitting access
to such Information in the course of court
proceedings to which such information re-
lates,
(h) Except when such information is avail-
able pursuant to subsection (a), direct access
to it shall be limited to those officers or em-
ployees of the criminal justice agency which
maintains the information who have a need
to know and a right to know such informs-
tien and it shall be disseminated only to
ot ler governmental officers or employees who
have a need to know and a right to know such
irrormation in connection with their civil
or criminal law enforcement responsibili-
ties. Records shall be kept of the identity of
persons having access to files containing
criminal justice investigative information or
to whom such flies are disseminated, the date
of access or dissemination, and the purpose
for which access is sought or files dissemi-
nated.
(c) Direct remote terminal access to auto-
mated criminal justice investigative files
shall not be permitted outside the agency
wi- ich collected and automated such infor-
mation except where authorized by Federal
statute or State statute.
'd) Criminal justice investigative informa-
tien shall not be entered in a criminal justice
ml ormation system.
e) Criminal justice investigative infor-
mation may be made available to officers and
employees of government agencies for the
purposes set forth in section 201.
f) The dissemination of criminal justice
investigative information to any government
agency or employee of an agency by a crim-
inal justice agency, or the use of such infor-
mation by any government agency or em-
ployee of an agency, to influence a political
campaign, discredit a candidate for office, or
otherwise intimidate an individual in the ex-
ercise of rights guaranteed by the first
amendment to the United States Constitu-
tion, shall constitute a violation of section
310.
(g) This Act applies to criminal justice in-
vestigative information obtained from a for-
eign government or an international agency
to the extent such information is contained
In an information system subject to this Act.
The Criminal Justice Information Systems
Board shall take steps to assure that to the
maximum extent feasible whenever any crim-
inal justice investigative information con-
tained in information systems subject to this
Act is provided to a foreign government or
an international agency, that such infor-
mation is used in a manner consistent with
the provisions of this section.
TITLE III ? ADMINISTRATIVE PROVI-
SIONS; REGULATIONS; CIVIL REME-
DIES; CRIMINAL PENALTIES
CROVIINAL JUSTICE INFORMATION SYSTEMS
BOARD
SEC. 301. (a) CREATION AND MEMBERSHIP.--
There is hereby created a Criminal Justice
Information Systems Board (hereinafter the
"Board") which shall have overall respon-
sibility for the administration and enforce-
ment of this Act. The Board shall be com-
posed of thirteen members. One of the mem-
bers shall be the Attorney General and two
of the members shall be designated by the
President as representatives of other Federal
agencies outside of the Department of Jus-
tice. One of the members shall be designated
by the Judicial Conference of the United
States. The nine remaining members shall
be appointed by the President with the ad-
vice and consent of the Senate. Of the nine
members appointed by the President, seven
shall be officials of criminal justice agencies
from seven different States at the time of
their nomination, representing to the extent
possible all segments of the criminal justice
system. The two remaining Presidential ap-
pointees shall be private citizens well versed
in the law of privacy, constitutional law,
and information systems technology. The
President shall designate one of the seven
criminal justice agency officials as Chairman
and such designation shall also be confirmed
by the advice and consent of the Senate. Not
more than seven members of the Board shall
be of the same political party.
(b) TERMS OF OFFICE AND VACANCIES.?The
two members of the Board designated by the
President as representatives of other Federal
agencies outside of the Department of Justice
shall serve at the pleasure of the President.
The member designated by the United States
Judicial Conference shall serve at the pleas-
ure of the Conference. Four of the Presi-
dential appointees first appointed pursuant
to this Act shall continue in office for terms
of six years. The remaining Presidential ap-
pointees first appointed pursuant to this Act
shall continue in office for the terms of one,
two, three, four, and five years, respectively.
from the date of the- effective date of this
Act, the term of each to be designated by
the President: Provided, however, That their
successors shall be appointed for terms of
six years and until their successors are ap-
pointed and have qualified, except that they
shall not continue to serve beyond the ex-
piration of the next session of Congress sub-
sequent to the expiration of said fixed term
of office. Any person chosen to fill a vacancy
shall be appointed only for the unexpired
term of the Board member whom he suc-
ceeds. No vacancy in the Board shall impair
the right of the remaining members to ex-
ercise all the powers of the Board. Seven
members shall constitute a quorum for the
transaction of business.
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December 18, 1974 CONGRESSIONAL RECORD --L-SENA
*eat qUarter natheast quarter section 31, TRACT NUMBERED S'
towit'Ship 10 horth, range 4-east, Indian me- The reserved mineral deposits, including
Patairaternier. County, Oklahoma. the right to prospect for and remove the
conta1ntrieln.06 aeree MOM a less. same, in and under lands described as the
. RACT Th.TMBERED 2 sonth half of lot 2 (southwest quarter nolth-
? That part of the northwest quarter south- west quarter), and that part of the south-
west quarter southeast quarter northwest
quarter lying west of the centerline of Okla-
homa State Highway Numbered 18 and ad-
jacent to the south half of said lot 2, all in
section 31; township 10 north, range 4 east,
Indian meridian, Pottawatomie County,
Oklahoma, containing 19.87 acres, more or
less, which lands were previously conveyed to
Pottawatomie County, Oklahoma, by quit-
claim deed dated December 17, 1959, pur-
suant to the Act of June 4, 1953 (67 Stat. 71;
25 U.S.C. 293a), said deed appearing of rec-
ord in Pottawatomie County, Oklahoma, in
deed book 174 at page 367 of the land rec-
ords of said county.
east quarter section 31, township 10 north,
range 4 east, Indian meridian, Pottawatomie
County, Oklahoma, described as: Beginning
at the southwest corner of said northwest
quarter southeast qUarter; 'thence east 1,320
feet; thence north 1,320 feet; thence west
1,320 feet to the -center of said section;
thence south 167 feet; thence east 183 feet
to the intersection with the West line of the
; Atchison, Topeka; and Santa 'Fe railroad
right-of-way; thence southwesterly along
the west right-of-way line d'distance of 856
feet to the interseetiOnVith a point in the
west line of the northwest iciiiarter'southeast
quarter, said pant being 883 feet' south of
the Center Of section 31i, thence south along
the west line of the northwest qiiartek
southeast quarter, a distance of 337 feet, to
the point Of beginning, -doritaining 38.29
acres, More dr less.
, .
TRACT NVMBERED 3
?
That part of the southeast quarter north-
west quarter section -31, township 10 north,
range 4 east, Indian meridian Pottawatomie
County, Oklahoma; described as: Beginning
at the northeast corner of said southeast
quarter northwest qu-arter; thence south
1,320 feet to the center- Of said section 31;
thence west alOng the south line of said
southeast quarter northwest- quarter, a dis-
tance of 1,20.4 feet to the intekseation with
the centerline 'of 'Oklahoma State Highway
Numbered 18; thence northwesterly along
-the centerline of the highway -a distance of
660.58 feet to a point on'the South line of
the. northwest quarter southeast quarter
northwest quarter; thence`etist 33 feet to the
Intersection, with the east' right-of-way line
of Oklahoma State Highiiay Numbered '18;
thence no ng- rthwesterly alo the east--right-
,
? of-way line to a point in' the north line of
said southeast quarter fiorthweSt quarter,
said point being 58 feet east of the north-
west corner of said southeast quarter north-
west quarter; thence east a distance of 1,262
feet to the point of beginning; containing
38,63 acres, more or less.
_
V.,
TRACT NUMBERED 4
? ?.
That part of , the northeast quarter south-
east quarter section 31, township 10 north,
range 1 east, Indian meridian, Pottawatomie
TRACT NUMBERED 7
That part of lot 1 (northwest quarter of
northwest quarter) and north half of lot 2
(north half of southwest quarter of north-
west quarter) and the part of the north half
of the southeast quarter of the northwest
quarter lying west of the east right-of-way
line of Oklahoma State Highway Numbered
18, all in section 31, township 10 north,
range 4 east of the Indian meridian, Potts-
watomie County, Oklahoma, containing 57.99
acres, more or less, subject to the right of
the Absentee Shawnee Tribe of Indians of
Oklahoma, the Sac and Fox Tribe of Indians
of Oklahoma, the Kickapoo Tribe of Indians
of Oklahoma, and the Iowa Tribe of Indians
of Oklahoma, to use the Potawatomi com-
munity house that may be constructed and
maintained thereon.
Amend the title so as to read: "An Act to
authorize the conveyance of certain lands to
the United States in trust for the Citizen
Band of Potawatomi Indians."
Mr. BARTLETT. Mr. President, while
the House has amended S. 3359, the
change is technical in nature and does
not detract from the version of the bill
as passed by the Senate. The amend-
ment is acceptable to both the majority
and minority sides of the aisle.
Therefore, Mr. President, I move that
the Senate concur in the amendment of
the House to S. 3359.
The PRESIDING OFFICER. The
County, Oklahoma, described as: Beginning question is on agreeing to the motion of
at the northeast cnrrer:of, said northeast the Senator from Oklahoma (Mr. BART-
quarter iouthwest quarter, said point being LETT).
the center of section 31; thence south 167
feet; thence west 1,302 feet to the intersec- The motion was agreed to.
tion with the west line '01 the right-of-way Mr. BARTLETT. Mr. President, I
of Oklahoma State 'ThiliWay Numbered lt; yield the floor.
Of-way line a distance o 167 ee o e
north line of said northeast quarter south- ator from West Virginia.
West quarter; thence eait along said north Mr. ROBERT C. BYRD. Mr. President,
line a distance 1,297.4 feet to the point of if the distinguished Senator from Min-
beginning; containing 4.678 acres, more or nesota wOuld allow me, I would like to
less. .
suggest that the distinguished Senator
TEA= NUMBERED 5 from North Carolina be recognized at
thence northeasfefly a on the West right- The PRESIDING Gen.CER. The Sen-
That paA of 'the northeast' 'qUarter south-
West quarter section 31, 'township 10 north, this time.
range 4 'east, Indian meridian, Pottawatornie
__,......-
County, Oklahoma, described, as: Beginning
at the southeast corner of said noktheast ..,..........? FEDERAL-PRIVACY ACT
uarter southwest quarter; thence north -
,Ong he east line of said northeast quarter Mr. ERVIN. Mr.,President I ask the
eV, th;w4Lciugkfiri 'a distance of 337- feet to Chair to lay before the Senate a mes-
tir-Int6,Tsgotriiii 'tri-the -west ight-of-wq sage from the House of Representatives
ie Of the Atalifioll; tteka, alit' Santa -Fe
*Owl right-of4a,y;-t ence southwesterly on S. 3418.
ng said west right-df=way line a distance The PRESIDING OFFICER (Mr
tin ?feet to j4,. intersection with the south NUNN) laid -before the Senate the
line of 4,id noiliceeir quart:el: southwest
quaker; thende east along the South line a amendments of the House of Represen-
AletanCe of 128 feet to the point of begin- tatives to the amendments of the Senate
ning; co a n .
S 21995
bill (S. 8-418) Io establish a Privacy Pro-
tection Commission, to provide manage-
ment systems in Federal agencies and
certain other organizations with respect
to the gathering and disclosure of in-
formation concerning individuals, and
for other purposes as follows:
(1) Page 16, strike out lines 1 through 10,
inclusive, and insert:
"(6) prior to disseminating any record
about an individual to any person other
than an agency, unless the dissemination is
made pursuant to subsection (b) (2) of this
section, make reasonable efforts to assure
that such records are accurate, complete,
timely, and relevant for agency purposes;
"(7) maintain no record describing how
any individual exercises rights guaranteed
by the First Amendment unless expressly
authorized by statute or by the individual
about whom the record is maintained or
unless pertinent to and within the scope
of an authorized law enforcement activity;
(2) Page 24, strike out all after line 10
over to and including line 24 on page 25, and
insert:
"(() GENERAL EXEMPTIONS.-The head of
any agency may promulgate rules, in ac-
cordance with the requirements (includ-
ing general notice) of sections 553(b) (1) ,
(2), and (3), -(c), and (e) of this title, to
exempt any system of records within the
agency from any part of this section except
subsections (b), (c) (1) and (2), (e) (4) (A)
through (F), (e) (6), (7), (9), (10), and
(11), and (i) if the system of records is-
"(1) maintained by the Central Intelli-
gence Agency; or
"(2) maintained by an agency or compo-
nent thereof which performs as its principal
function any activity pertaining to the en-
forcement of criminal laws, including police
efforts to prevent, control, or reduce crime
or to apprehend criminals, and the activities
Of prosecutors, courts, correctional, proba-
tion, pardon, or parole authorities, and which
consists of (A) information compiled for the
purpose of identifying individual criminal
offenders and alleged offenders and consist-
ing only of identifying data and notations of
arrests, the nature and disposition of crimi-
nal charges, sentencing, confinement, release,
and parole and probation status; (B) infor-
mation compelled for the purpose of a crimi-
nal investigation, including reports of in-
formants and investigators, and associated
with an identifiable individual; or (C) re-
ports identifiable to an individual compiled
at any stage of the process of enforcement of
the criminal laws from arrest or indictment
through release from supervision.
At the time rules are adopted under this
subsection, the agency shall include in the
statement required under section 563 (c) of
this title, the reasons why the system of
records is to be exempted from a provision
of this section."
(3) Page 42, strike out lines 11 through
21, and insert:
"(h) (1) Any member, officer, or employee
of the Commission, who by virtue of his em-
ployment or official position, has possession
of, or access to, agency records which con-
tain individually identifiable information the
disclosure of which is prohibited by this sec-
tion, and who knowing that disclosure of the
specific material is so prohibited, willfully
discloses the material in any manner to any
person or agency not entitled to receive it,
shall be guilty of a misdemeanor and fined
not more than $5,000.
"(2) Any person who knowingly and will-
fully requests or obtains any record concern-
? ing an individual from the Commission un-
der false pretenses shall be guilty of a mis-
demeanor and fined not more than $5,000."
Mr. ERVIN. Mr. President, the House
amendments to the Senate amendments
I.ng . 4 acre, mor08 e or less to the amendments of the House to the
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S21096 CONgftESSpNAL RECORD?SENATE December 18 19'h
to the Howe amendments are merely and adding the following: "Provided, That for disposition under this Act to any foreign
tephniCal in nature and there is no OP- effective March 1, 1975, no less than 20 per cOuntry in any fiscal year unless the Secre-
position to them so far as I can find., centum of the total value of coupon , issued tary determines, and certifies such deter-
I would therefore move that the Oen- to alt elfgible household during each month mination to the Congress, that all domeitic
or other time period shall be so cod( d as to feeding programs,includin but not limited
ate concur in the House amendments to g g' ---1'
be usable only for the purchase of bet t, pork, to, the programs provided for under the
the Senate amendments to the House
arnendments. poultry or dairy products unless the State National School Lunch Act, as amended, and
agency finds that such coding is impractical the Child Nutrition Act of 1966, as amended,
The PRESIDING OrrICER. The qa es- with regard to a specific household.". will be provided in such fiscal year with the
tion is on agreeing to the motion of the Amend the title SO as to read: 'A bill same types and kinds of agricultural coin-
; Senator from North Carolina CYfrv to amend the Agricultural Trade De- com-
modities and in the same or greater quanti-
EittriN) . , ties at which each such type and kind of
/
1 veloprnent and Assistance Act of 1954, commodity was provided for such programs
The motion was agreed to.
for other purposes." , during the fiscal year ending June 30, 1974.
: - --- ' The amendments was agreed .1.0. The Cornmittee is extremely concerned
ii-14iiiIATION OF SUFFERING FROM The bill was ordereed to be engrossed about the hardship that will be imposed on
guNGEtt AND iviALNuTRITioN_s. for 'a third reading, read the third time food stamp recipients as a result of the new
, food stamp regulations issued on December
2792 ' and passed.
6, 1974. These regulations, which will require
The title was amended so as to read:
that all food stamp recipients pay 30 per-
Mr. HUMPHREY. Mr. President, thPre ?A. bill to amend the Agricultural Trade cent of their adjusted net monthly income
Is at the desk a report from the Cominit- Development and Assistance Act of 1954, for food stamps, will substantially increase
tee on Agriculture and Forestry relating and for other purposes." the amount of money that many poverty
to the modification of Public Law 48d, a Mr. HITMPILREY. Mr. President, I ask level families will have to payl for tthhe food
bill that was unanimously reported by
the Committee on Agriculture and For- unanimous consent that an excerpt from osfarasipns.glenindmiviedcuassless,reelevciinagl ysonoial
esec Use-
estry, which has the support of the Pried- the report of the committee (No. 99-1183) rity payments, the monthly purchase re-
dent and the Office of Management and belprinted in the REcortD, which will save quirement will be increased so much that
us some time and will help explain the the food stamp bonus will not be worth-
Budget.
I ask unanimous consent for the lin purposes' while.The poverty level families who are
- th
ti
no There beingcurrently receiving food stamps have been
objection, e excerpt
mediate consideration of the bill.
The PRESI most cruelly affected by the current infla-
tionary spiral. The added burden of the in-
objection to the request of the Senator as follows: creased purchase requirement for food
from Minnesota? SHORT EXPLANATION stamps is unthinkable. Therefore, the Com-
?.e This bill would? mittee hopes that the adrainistration,
There being no objection, the Senat
(I) permit the Secretary of Agricuil lire to forego the implementation of these regulit-
- will
proceeded to consider the bill (S. 2792) waive the availability criteria for commodi- tions until Congress has an opportunity to
to amend the Agricultural Trade De- ties which may be disposed of under the consider legislation on this subject next
velopment and Assistance Act Of 1954 Agricultural Trade Development and Assist- year.
to Provide the United States with the ance Act of 1954 (P.L. 480) if he determines The Committee also noted that while
fleal'hility With which to Participate in that some part of the exportable supply vegetable protein supplies are currently at
efroTts to alleviate the suffering and carry
tshould be used to c out the natim al in-
below normal levels in relation to demand.
11111/1411 misery of hunger and Malnutzi- Aecrtes; t and humanitarian objectives Of the there is a surplus of animal protein in the
United States, Consequently, the Committee
tion which had been reported from the teurges the President and his advisers to ea-
Committee on Agriculture and Forestry plore all possible avenues with regard to the
(2) require the Secretary of Agriculture to
determine and certify that all domestic feed-
with an amendment to strike out all aftar lag programs will be provided with the same use of meat, poultry, and dairy products
the enacting clause and insert; 4pus, end lands or agricultural commodities under Public Law 480 and other United
rtratsc LAW 480 at not les than the leyels provided in fiscal States Government food aid programs.
SecrioN 1. The last sentence of seen( In addition, the Committee adopted an
ee year 1974 before being made available_ under
401 of the Agricultural Trade Development P. ?
P L 480*?
and amendment to S. 2792 with regard to the
and .Assis.tance Act of 1954. Pee amended, is (3) amend the Food Stamp Act to require Food Stamp Act of 1964. This amendmentprovides that no less than 20 percent of the
erneet
ped by, striking out the period and in- that effective March 1, 1975, not less than total value of food stamps issued after
eerti in ng lieu thereof a Conalna and the 2.0 percent of the total value of coupons issued
following: `aimless the Secretary cletermiros to eligible households be usable only for March 1, 1975, to eligible households be coded
that some part of the exportable SUPPLY beef, pork, poultry, or dairy product pur- so as to be usable only for the purchase of
beef, pork, poultry, or dairy products. The
ilacend be used to carry out the national ha- Chases.
terest and humanitarian objectives of this comAtri.mr, AMENDMENT amendment authorizes the administering
Act:agency to make exceptions to this re-
Act: Provided, That no commodity may be The Committee amended S. 2792 in two quirement in cases where it is impractical
inade available for disposition under tine Act major respects. First, it would require the with regard to_ a specific household.
to WV country in any fiscal year unless the Secretary of Agriculture to determine and The Food Stamp Act provides that coupons
Secretary determines, and certifies such do- certify that all domestic feeding programs shall be issued in such amount as the Secre-
termination to the Congress, that all domeii- Will be provided with the same type.. and tary of Agriculture determines to be the cost
tic feeding programs, including, but not 11n, kinds of agricultural commodities at net less of a nutritionally adequate diet. It has been
*tea to, the programs provided for under tile than, .the levels provided in fiscal year 1974 determined that about 15 percent of the
Rational School Lunch Act, as amended, al% before being made available under P. L. 480; value of a nutritionally adequate diet in-
the Child Nutrition Act of 1966, as amended, and second, it amended the Food Stamp Act volves the cost of beef, pork, or poultry. The
Will be provided in such fiscal year with tee to require that effective March 1, 1975, not Committee strongly believes in the nutri-
Same types and kinds of agricultural cont- less than 20 percent of the total valae of tional value of dairy products also, and,
roodities and in the same or greater quanti- coupons issued to eligible households be us- therefore, included these products in the
ties at Which each such type and kind ele able only for beef, pork, poultry, or dairy requirement.
eonenenellty was provided for such programs product purchases.
In a letter to the President pro tempore
during the fiscal year ending June 30, 1974, BACKGROUND of the Senate dated November 18, 1974, the
teed in determining the types, kinds, and
quantities of commodities made available The last sentence of section 401 of Public Administration urged the enactment of leg
for any Stich program during the fiscal yeer Law 480 provides that "no commodity shall islation almost identical to S. 2792. Under
ending June 30, 1974, the Secretary shall hi- be available for disposition under this Act if the Administraticin's proposal, the last sen-
elude commodities made available from such disposition would reduce the domestic tence of section 401 of Public Law 480 would
every source, including, but not limited t(e auppi3r of such commodity below that needed be amended by adding the words "unless the
those made available under section 416 of
to meet domestic requirements, adequate Secretary determines that some part of the
the
Agricultural Act of 1949, those made avail- carryover, and anticipated exports for dol- exportable supply should be used to carry
able with funds from section 32 of the Act of iars as determined by the Secretary of egri- out the national interest or humanitarian
August 24, 1935, and those made available Calture at the time of exportation of such objectives of this Act."
ce"
with funds of the Commodity Credit Corpoe iemmeclity.
tenon as authorized by section 709 of the The bill would add to the last sentence of
rood and Agriculture Act of 1905.", action 401 the words "unless the Secretary TRANSACTION OF ROUTINE MORN-
determines that some part of she expor.able INC* BUSINESS
FOOD STAMP ACT
supply should be used to carry out the
Sec. 2. 2. Section 4(a) of the Food Stamp Vona,' interest and humanitarian objectives (By unanimous consent the Senate
Act of 1964, as amended, is amended by of this Act," with the proviso that no agri- transacted the following routine morning
striking ,out the period at the end thereof cultural commodity may be made available
business today.)
. .
?
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December 18, 1974 CONGRESSIONAL RECORD ? SENATE S 22009
call for the exercise of the supervisory au-
thority of the dourt.
CRIMINAL PENALTIES
SEC. 310. Any government employee who
willfully disseminates, maintains, or uses in-
formation knowing such dissemination,
maintenance, or use to be in violation of this
Act shall be fined not more than $5,000 or
imprisoned for not more than five years, or
both,
AUDIT AND ACCESS TO RECORDS BY TI-IE
GENERAL ACCOUNTING OFFICE
SEC. 311. (a) The Comptroller General of
the United States shall from time to time,
at his oWn initiative or at the request of
either House or any committee of the House
of Representatives or the Senate or any joint
committee of the two Houses, conduct audits
and reviews of the activities of the Board
under this Act. For such purpose, the Comp-
troller General, or any of his duly author-
ized representatives, shall have access to and
the right to examine all books, accounts, rec-
ords, reports, files, and all other papers,
things, and property of?
(1) the Board,
(2) any Federal agencies audited by the
Board pursuant to section 306(a) of this Act,
and
(3) any statewide and multistate informa-
tion systems, including organizations and
agencies thereof, audited by the Board pur-
suant to section 306(a) of this Act,
which, in the opinion of the Comptroller
General, may be related or pertinent to his
audits and reviews of the activities of the
Board. In the case of agencies and systems
referred to in paragraphs (2) and (3), the
Comptroller General's right of access shall
apply during the period of audit by the
Board and for three years thereafter.
(b) Notwithstanding any other provision
of this Act, the Comptroller General's right
of access to books, accounts, records, re-
ports, and files pursuant to and for the pur-
poses specified in subsection (a) shall in-
clude any information covered by this Act.
However, no official or employee of the Gen-
eral Accounting Office shall disclose to any
person or source outside of the General Ac-
counting Office any such information in a
manner or form which identifies directly or
indirectly any individual who is the subject
of such information.
PRECEDENCE OF STATE LAWS
SEC. 312. (a) Any State law or regulation
which places greater restrictions upon the
dissemination .of criminal justice informa-
tion, criminal justice intelligence informa-
tion, or criminal justice investigative in-
formation or the operation of criminal justice
information systems, criminal justice in-
vestigative information systems or which af-
fords to any individuals, whether juveniles
or adults, rights of privacy or protections
greater than those set forth in this Act shall
take precedence over this Act or regulations
issued pursuant to this Act.
(b) Except with respect to information
maintained by an information system cre-
ated pursuant to section 307, any State law
or regulation which places greater restric-
tions upon the dissemination of criminal
justice information, criminal justice intelli-
gence information or criminal justice in-
vestigative information or the operation of
criminal justice information systems, crim-
-inal justice intelligence information systems
or criminal justice investigative information
systems or Which affords to any individuals,
whether juveniles or adults, rights of pri-
vacy or protections greater than those set
forth in the State law or regulations
of another State shall take precedence
over the law or regulations of the
latter State where such information is
disseminated from an agency or information
system in the former State to an agency,
information system, or individual in the lat-
ter State. Subject to court review pursuant
to section 309, the Board shall be the final
authority to determine whether a State stat-
ute or regulation shall take precedence under
this section and shall as a general matter
have final authority to determine whether
any regulations issued by a State agency, a
criminal justice agency, or information sys-
tem violate this Act and are therefore null
and void.
(c) The Board may in its discretion sus-
pend the application of this section for crim-
inal justice information maintained by a
Federal corporation or Federal criminal jus-
tice agency pursuant to section 307(c). The
Board may not suspend the application of
this section beyond the date of expiration
of the fifth twelve-calendar-month period
following the date of enactment of this Act.
APPROPRIATIONS AUTHORIZED
SEC. 313. For the purpose of carrying out
the provisions of this Act, there are author-
ized to be appropriated such sums as the
Congress deems necessary.
SEVERABILITY
SEC. 314. If any provision of this Act or the
application thereof to any person or circum-
stance is held invalid, the remainder of the
Act and the application of the provision to
other persons not similarly situated or to
other circumstances shall not be affected
thereby.
REPEALERS
SEC. 315. The second paragraph under the
headings entitled "Federal Bureau of Inves-
tigation; Salaries and Expenses" contained
in the "Department of Justice Appropriations
Act, 1973" is hereby repealed.
EFFECTIVE DATE
Src. 316. The provisions of this Act shall
take effect upon the date of expiration of
the second twelve-calendar-month period
following the date of the enactment of this
Act: Provided, however, That section 313 of
this Act shall take effect upon the date of
enactment of this Act and that members,
officers, and employees of the Board may be
appointed and take office at any time after
the date of enactment. The Board may delay
the effective date of any provision of this
Act: Provided, however, That the effective
date of no provision of this Act shall be de-
layed beyond the third twelve-calendar-
month period following the date of enact-
ment of this Act.
Amend the title so as to read: "A bill to
protect the constitutional rights and privacy
of individuals upon whom criminal justice
information, criminal justice investigative
information, and criminal justice intelli-
gence information have been collected and
to control the collection and dissemination
of criminal justice information, criminal
justice investigative information, and crimi-
nal justice intelligence information, and for
other purposes."
SECTION-BY-SECTION ANALYSIS
TITLE I. FINDINGS AND DECLARATION OF POLICY;
DEFINITIONS
Section 101 summarizes the constitutional,
legal and practical reasons Congress Is taking
action to regulate the exchange of criminal
justice information. It also states the con-
stitutional authority to legislate the Com-
merce clause and the Federal participation in
state and interstate information systems.
Section 102 lists definitions of terms used
in the proposed legislation, and Section 103
sets out the types of information systems
covered by the Act. The definitions are im-
portant because they along with section 103
establish the scope of coverage of the legisla-
tion. For example "criminal justice agency"
is defined, so that the restrictions on data
collection and dissemination contained in the
bill cover any state, local or Federal govern-
mental agency maintaining such data, Also
any interstate information system or any in-
formation system receiving Federal funds is
covered by the Act as well as any agency
which exchanges records with the above sys-
tems.
"Criminal justice information" is defined
so that limited exchange of routine informa-
tion reflecting the status of a criminal case
and its history, or reports compiled for bail
or probation between governmental agencies
Is not impaired. The definition of "criminal
history" and "arrest record information" is
drafted so that they only cover filing systems
indexed by name but not public records in-
dexed by date, such as police blotters, inci-
dent reports or court records. The public, for
example members of the press, would still
have access to such records.
The bill also defines "criminal justice in-
vestigative" and "criminal justice intelligence
Information." The former encompasses confi-
dential reports compiled by an arresting of-
ficer or by a detective on a particular inves-
tigation into a particular crime. Intelligence
information may be collected on an individ-
ual only in anticipation of his involvement
In criminal activity.
TITLE II. COLLECTION AND DISSEMINATION OP
CRIMINAL JUSTICE INFORMATION, CRIMINAL
JUSTICE INVESTIGATIVE INFORMATION AND
CRIMINAL JUSTICE INTELLIGENCE INFORMA-
TION
Sections 210 and 202 set the general re-
strictions on the use of criminal justice in-
formation within the criminal justice com-
munity. The general rule is that criminal
justice information is to be used for the
most part within the criminal justice com-
munity. Subsection 201(b) deals with the
exchange of criminal justice information
among criminal justice agencies. It is writ-
ten in terms of minimum operating pro-
cedures. Therefore the restrictions set out in
the provisions are what each criminal justice
agency must adopt at a minimum. The pro-
vision is drawn in general language so that
the Criminal Justice Information System
Board, created pursuant to Title III and
heavily weighted with persons representing
criminal justice would have latitude in
interpreting these provisions. Furthermore
the Committee assumes that these provisions
will be enforced, not so much by the civil
remedies provision of section 309 but by the
audit and fund or information cut off sanc-
tions embodied in sections 306 and 308. A
civil remedy would lie only when the agency
fails to adopt and publish procedures pur-
suant to this section or where it refuses to
comply with its own procedures.
Generally, conviction records may be ex-
changed freely within the criminal justice
community: corrections and release informa-
tion can only be disseminated to other
criminal justice agencies and to the subject
if permitted by statute or court rule; finger-
print and other identifying information may
be freely diseminated so long as no stigma is
attached: wanted persons information, that
Is, identifying information on a fugitive, may
be disseminated liberally for the purpose of
apprehending the fugitive.
Raw arrest records and criminal history
records which terminated in the defend-
ant's favor may be routinely disseminated to
another criminal justice agency only where
the individual has applied for a job at that
agency, a case has been referred to that
agency for adjudication or the individual
for supervision. Such records could also be
made available on a relatively routine basis
to law enforcement agencies once the agency
had already arrested the individual in ques-
tion.
These records should be made available
only on a very limtied basis to law enforce-
ment agencies prior to arrest when the in-
formation will be used to develop investiga-
tive leads and the officer can point to "specific
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S 22010
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and articulable facts which taken together
with rational inferences from those facts
warrant that conclusion that the individual
has committed or is about to commit a crimi-
nal act and that the information should be
relevant to that act." The information should
only be available on a "need-to-know",
"rigat-to-know" basis. This means that the
agency receiving the information has estab-
lished procedures designed to assure that the
person receiving the information has d
onstrated that he is a detective or patrol
performing detective functions and tha
needs the information for a particular cas
The "specific and articulable facts" sta
ard derives from the Supreme Court opi
in the case of Terry v. Ohio 392 U.S. 1 (19
in which the court permitted stop and f
on such grounds. Based on the Terry langu
in evaluating the reasonableness of a req
for records for investigative purposes ".
due weight must be given, not to (
officer's) inchoate and -unparticularized s
picion or 'hunch' but to the specific reas
able inference which he is entitled to d
from the facts in light of his experience."
U.S. 27. Although this standard is obviou
less than probable cause, the court still
quires in stop and frisk that the officer
able to point to specific and articulable fa
which taken together with rational inferen
from those facts, reasonably warrant that
trusion (into fourth amendment protec
rights), 392 U.S. 21. In using the identi
language the Committee intends that
officer should be able to justify requests
information with similar specificity.
The section also permits criminal just
agencies to allow information to be used
other "essential purposes" and to permit
formation of any kind to be made availa
to an officer where that information mil
- alert him of a danger to his life. It is intend
that were information is used for these 1
two functions that its utility clearly ou
weighs any risk to the rights of the subje
of the information such circumstances w
be set out in regulations issued by the Boar
Section 203 sets the general policy on t
? collection and dissemination of criminal ju
tice information outside the criminal justi
community. Criminal justice information c
only be used for criminal justice purpos
unless a state or Federal statute specifical
authorizes dissemination of conviction re
ords to non-criminal justice agencies. Arre
record information on an individual, that
the record of an arrest without a dispositio
may also be available to the public, if specifi
catty authorized by a state or Federal statut
the arrest is less than a year old and th.
charge arising from that arrest is still activel
pending.
RECORD?SENATE December 18, 1974
assumes that this provision will be invoked
mostly by scholars and students of the crim-
inal justice system including anestigative
reporters from both the print and electronic
media. It is not the intent of this provision
that the criminal justice ages. cy use the
privacy safeguards -set out in this act to
shroud its activities in secrecy and indeed
this very section and section 309 provideth
at
an individual who has expressed a willing-
em- ness to comply with the privacy safeguards
man and sign nondisclosure agreements but is
t he denied access might seek injunctive relief in
e. the Federal courts.
nd_ This section and the definition of "crim-
nion inal justice agency" provide that any gov- t
68) enuriental or private reorganization which I
risk performs a criminal justice function via con- i
age tract with a goveriamental agency will be t
uest treated as a criminal justice agency in the
performance of that -function. Also any sub-
the unit of a non-criminal justice agency which w
us_ performs a criminal justice function is treat- u
on- ed as a criminal justice agency to the extent d
raw that it performs that function. The orga- n
392 nization or subunit must sign special non-
sly disclosure agreements and be subject to the it
re_ specialized regulation applying to researoh st
"be organizations.
ete Section 203 also makes explicit the intent c
ees of the drafters of S. 2963 that the act not o
in_ be used to deny members of the press con- g
ted firmation via police officers of th f
One exception to the consent requirement
Involves background investigations by the
federal government. Subsection 204(c). Fed-
eral investigators who are conducting the
most comprehensive "background investiga-
tions" for high level federal appointments
can use raw arrest records for the develop-
ment of investigative leads. Since this section
permits access to raw arrests for "background
investigation" without the subject's con-
sent, the commitee intends that it be nar-
rowly constructed so that such information
would be available only for "full field back-
ground investigations" similar to those con-
ducted pursuant to section 3(b) of Execu-
ive Order 10450 on "Security Requirements
or Government Employment" and described
n greater detail in Chapter 736. Subchap-
er 2, Section 2-5 of the Federal Personnel
IVIanual.
Section 20J* prohibits agencies or persons
ho lawfully gain access to information from
sing the information for a purpose or from
isseminating the information in a manner
ot permitted by the legislation.
Section 208 is based on a provision con-
ained in Project SEARCH's model state
atute and the Massachusetts arrest records
tatute. It places limitations on access to
riminal justice information via categories
ther than name. It would require investi-
ators to get a court order befo
,
eel an individual was arrested on a particular
an late at a particular precinct where that
for 3ractice is permitted under existing law.
The legislation also permits reporters direct
ice access to police blotters or court records
for ?vhere such access is permitted by existing
n- law. The legislation is only designed to pro-
hibit private citizens, whether members of
ble the press or private employers, from asking
ht
ed police officials for a general search of their
as 1 ecords or reference to a criminal history ale
t- for the criminal background of a person.
et Therefore members of the press will be
se able to check a police blotter or to ask a
-d- police officer?"Was John Smith arrested
' and booked on June 18, 1974 at the second
he precinct office, Washington, D.C.?" An of -
8- f.cer at that precinct or the reporter him -
ee self could answer that question by refer-
an ence to the police blotter at that precincs
es s sittion. However, the police officer could
lY not respond to a request phrased as fol-
e- lows?"What's John Smith's criminal rec-
st
is The Committee approved bill would also
n? not affect access to an index to court records
- which lists parties to litigation, e.g., United
ei Slates v. Jones plus a docket number or
s citation. Such an index could be used by
y Ir embers of the press and the general pub-
The information can only be release
where its use is relevant to the purpose fo
which it is sought and the statute sets ou
in detail precisely how the information ma
be used by the non-criminal justice use
The sobject of information must be in
formed of each instance in which it is use
for a non-criminal justice purpose. Th
section permits qualified researchers asses
to the information only if the privacy of th
subjects of the information is protected.
limited amount of discretion is provided th
criminal justice agency in determining
whether the individual seeking access doe
so with the good faith Intent of using th
information for research purposes. It is the
intent of the committee that the types o
individuals permitted access be rather lib-
erally construed as long as the applicant
intends to seek statistical rather than indi-
vidually identifiable information. As long as
the individual has a research plan which
relies upon such statistical information it
is not the responsibility of the criminal jus-
tice agency to pass upon the qualifications
of the individual to do the research or valid-
ity of the research design. The Committee
access to a criminal justice data bank by
offense?i.e., a print-out on all persons
certain physical descriptions or with a cer-
tain modus operandi and from a certain
geographical area. Although few criminal
justice data banks have this capability, the
Committee sees grave risks to the rights of
data subjects if the computer were used
routinely as a substitute for the experience'd
and cautious detective. Obviously, permit-
ting unbridled access to computers print-
outs of names of individuals based oh racial
characteristics, geographical area or crime
(e.g., persons arrested for engaging in un-
lawful demonstrations) would present grave
policy and constituiton,a1 questions,
Section 206 provides for unlimited class
access to a data bank containing cases which
resulted in convictions or where charges
are still pending but where the charges re-
sult In a disposition in the defendant's
favor, a special judicial access warrant must
be obtained. According to the commentary
on the SEARCH model statute: "(the provi-
sion) is modeled on the provisions which
now govern wiretapping and electronic eaves-
dropping. It is intended to interpose the
judgment of an impartial magistrate to con-
trol the usage of an investiagtive method
that may, if misused, create important haz-
ards for individual privacy."
ection 207 requires every agency or Infos-
tion system covered by the act to promul-
regulations on security, accuracy and
updating and sets out in general terms what
those regulations must provide. The regula-
tions must provide a method for informing
users of changes in disseminated informa-
tion, including an audit trail of individuals
using information.
A new subsection (e) has been added to
this section authorizing the Board to suspend
application of the provisions of this section
or any other section of the Act with regard to
information collected on or before the effec-
tive date of this Act. The Board is authorized
to suspend provisions only after it finds that
"the cost of implementation of this section
outweighs the interests of privacy which
would be served by the implementation".
The Committee intends that the Board ex-
plore all other alternatives before actually
suspending a provision for old records. There-
fore, the Committee intends that the provi-
sions of this section might be more loosely
constructed with regard to old records rather
than actually suspending application. For
example, subsection (c) requires an audit
trail of records including the name of every
113 as an index to the docket number and S
d u timateiy to the actual court records, but ma
r it could not contain criminal history In- gate
t for t'
Y Finally, the secttion provides that the
r. act' applies to information obtained from
- foreign governments or organizations. In-
d formation contained in systems covered by
e this act can only be disseminated to foreign
governments or organizations if assurances
e have been made that the information will
A be treated in a manner consistent with this
e Act when it leaves this country.
Section 204 permits the disclosure of some
s criminal justice information intelligence
e and investigative information to non-crimi-
. nal justice agencies for the purpose of
screening individuals for appointment to
criminal justice agencies and for access to
top secret information. As a general matter
faesess to such information for appoint-
ments or security clearances is only per-
mi ded after the individual to whom the
information applies has given his written
consent. Where access is permitted by this
section to conviction record information,
any such information which has become
seated is automatically unsealed.
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CONGRESSIONAL RECORD ? SENATE S 22011
and articulable facts which, taken together of the Act. The Board would be composed of
December 18, 1974
requester of a record and the "nature and
purpose" of the request. It might be argued
to the Board that it would be too burden-
some to require the Identification Division
of the FBI to go back and actually add the
"nature and purpose" to audit trails of old
records where the identity of the requester
might be sufficient to tell the agency by im-
plication the "nature and purpose" of the
request. Obviously some state licensing agen-
cies could only request a rap sheet for one
purpose and if the agency's name appears on
the audit trail the FBI could assume the re-
quest for that purpose. Rather than actually
suspend the application of this subsection to
old rap sheets it would be preferable for the
Board to permit such flexibility in its appli-
cation to old files.
Section 208 requires every agency or in-
formation system covered by the act to
promulgate regulations on sealing or purging
of information. Such regulations or proce-
dures must provide for sealing or purging
of information where required by a federal
or a state statute other than this Act or by
federal or state court order. Furthermore, the
section requires that each agency promptly
seal certain old conviction records unless a
class of offenses are exempted by state or fed-
eral law. The Committee intends that sealing
a record might be accomplished by moving
a record from a routinely available status to
a status requiring a special procedure to
gain access. In manual systems this might
mean moving a record from open filing draw-
ers to microfilm while in automated systems
a record might be considered sealed by mov-
ing the information from on-line to off-line.
An index of sealed records may be main-
tained but access to the index would be
limited to law enforcement employees. Rec-
ords can be unsealed by court order or auto-
matically in certain circumstances, such as
where the individual requests review pur-
suant to section 209 or where special access
Is permitted pursuant to section 204 in
screening security clearances.
Section 209 requires every agency or in-
formation system covered by the act to es-
tablish a process for access and challenge
of incorrect or inaccurate information. The
section sets out what those regulations must
provide. This section should be read along
with Section 309 which provides court re-
view procedures where the agency fails to
comply with Section 209 or any other pro-
vision of the Act.
Sections 210 and 211 place limitations on
the dissemination of criminal justice in-
telligence information (Section 210) and
criminal justice investigative information
(Section 211). As a general rule such infer-
with rational inferences from those facts, representatives of the Department of Jus-
warrant the conclusion that the individual tice and two other Federal agencies with
has committed or is about to Commit a crirn- law enforcement responsibilities, plus nine
inal act and that the information may be other members nominated by the President,
relevant to that act." (Subsection 210(d) ). with the advice and consent of the Senate.
This language, similar to that contained in Of the later nine members, seven must be
section 201, is based on the Terry case and it representatives of state or local criminal
is intended that it be interpreted in the same justice agencies, and two private citizens
manner. well versed in constitutional law and corn-
The section prohibits the entry of criminal puter technology. The President would also
justice investigative or intelligence informa- designate a chairman from the latter nine
tion in an information system whch main- members. The latter nine would serve
tains criminal history information. Although staggered six-year terms. The first three, the
investigative and intelligence information Attorney General plus the members desig-
may be automated, remote access to such nated by the President, would serve at the
automated systems is generally prohibited. pleasure of the President.
However the bill would permit the main- A thirteenth member is allocated to the
tenanCe of an index to intelligence files which judiciary sincethese criminal justice in-
could be accessed by remote terminal from formation systems are also of great impor-
outside the agency. The index might main- tense to the judicial function. However, be-
tain the name, identification record informa- because of the traditional reluctance of
tion, criminal history record information and members of the Judiciary to participate in
other public record information on individ- such arrangements, perhaps because of
uals upon whom more complete intelligence separation of powers concerns, the appoint-
files exist. The requesting agency's request merit of the thirteenth member is made
could be referred automatically via the index discretionary with the Judicial Conference.
to another criminal justice agency possessing The representative of the United States
more complete information on the individual Judicial Conference would serve at the pleas-
in question. The committee intends that this ure of the Conference.
index be operated in such a manner that it The Board would have the authority to
not undermine subsections (b), (c) and (d) issue general regulations applying the Act's
of section 210 which provide the maintain- policies. It could bring actions pursuant to
ing agency with a right to review all requests Section 309 and issue cease and desist orders
for access to its intelligence files. Therefore, and impose administrative penalties as pro-
such an index must be designed so that a vided in Section 308. It would supervise the
requesting agency is not automatically in- operation of the interstate information aye-
formed of the existence of a file or the name tem authorized by Section 307. It would
of the maintaining agency but that the main- conduct audits pursuant to Section 306, and
taming agency might be immediately and would have other necessary enumerated
automatically informed of the request so powers, as well as authority to conduct gen-
thata it can in its discretion respond to the eral studies of information systems nd
requesting agency if it determines that the make recommendations to the Congress for
requirements of subsections (b), (c) and additional legislation.
Section 302 authorizes the Board to con-
(d) have been met. duct hearing and compel the attendance
Section 211 also contains a provision per- of witness. The Board would have the power
mitting an individual to see his own inves- to enforce its subpena in Federal Court.
tigative file where such disclosure is per- Section 303 requires the Federal Informs-
mitted under the Freedom of Information tion Systems Board to issue regulations
Act and other statutes or court rules. This which implement this Act. At least 60 days
provision would continue the practice of die- prior to their promulgation, the Board must
covery in criminal cases in both the federal refer proposed regulations to the Depart-
and state courts. For example section 3500 of ment of Justice and to other Federal crimi-
title 18 of the United States Code, -the so- nal justice agencies for comment.
called "Jencks Act" permits disclosure to a The Committee intends that the notifica-
defendant of prior statements by witnesses tion provisions of this section be followed
to the police. Section 209 would not affect religiously and that dissemination of pro-
that type of disclosure, posed rules be widespread. The provision re-
Although intelligence and investigative in- quires advance notification to the governor
formation is generally restricted to criminal of each state, any individuel or agency in
justice agencies, a limited exception is per- each state designated by the governor and
b an organization or individual requesting
motion would be exchanged between crimi- mitted for intelligence assessments.
nal justice agencies only where a "need to committee understands that an intelligence the Board to be so notified. The Committee
know" and "right to know" had been demon- assessment is an assessment provided to a feels that there is a special obligation upon
strated by the requesting agency and by of- government official about the impact which the Board to notifiy and consult with orga-
ficers and employees within the agency. (See certain intelligence information will have nizations which are representative of state
subsection 210(b) and 211 (b) ) "Need to upon the operations of the official's agency and local criminal justice agencies and in-
know" and "right to know" means that the or as an aid to making official decisions formation systems such as the Project
agency making the request must establish within his authority. Intelligence files are SEARCH group, the National Law Enforce-
that it. is conducting an investigation as not made available in the course of such an ment Telecommunications system, and the
part of its responsibilities in the adminis- assessment but only a summary of the con- National Conference of State Criminal Jus-
tration of criminal justice and that it has tents of such file. The exceptions to the tice Administrators.
good reason for needing the information fpr general prohibitions embodied in the "assess- The Board's authority to issue regulations
the investigation. Within the agency only ment" role are to be narrowly construed. In- is limited to State-created records. In the
those employees conducting the investigation formation should be made available to pri- case of federal offender records and fer-
or their superiors would have access to the vats persona only where there is imminent erally created intelligence and investigative
incoming intelligence or investigative in- danger to their life or property. Also intelli- records, regulations would be issued by the
formation. fed-
eral members of the Board (the Attorney
gence and investigative information would President upon recommendation of the Section 210 also provides that intelligence be available to noncriminal justice agencies
information should be collected on individ- General, the two Presidential designees and
pursuant to Section 204.
uals only if there are grounds existing con- the representative of the Judicial Con-
necting that person with known or suspected TITLE ILL ADMINISTRATIVE PROVISIONS: REM,- ference).
criminal activity. It also provides for routine LATIONS; CIVIL REMEDIES; CRIMINAL PENALTIES Section 304 requires each state to estab-
review of files to determine whether such Title III creates a cooperative Federal- lick a central administrative agency, or des-
"grounds" continue to exist (Subsection State administrative structure for enforce- ignate an existing agency, with broad au-
210(c) ) . The same section also provides that ment of the Act. Section 301 establishes a thority to oversee and regulate the operation
intelligence information on an individual Criminal Justice Information Systems Board, of criminal justice data banks in that state.
may be disseminated to a second agency only an independent agency with general respon- This 'section is based upon the concept
if that agency is able to "point to specific sibility for administration and enforcement embodied in the Project SEARCH model
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S 22012 CONGRESSIONAL RECORD? SENATE December 18, 1974,
statute and the Ma.ssachusetts statute. Be-
an ning two years after enactment no
information system or agency could exchange
iniormation with a system or agency in a
state which has not created such an agency.
The system or agency must by that time
have adopted all the regulations required
by the title II or elsewhere in the Act.
Section 305 is based upon a suggestion
contained in the Report of the Secretary's
Advisory Committee on Automated Per-
sonal Data Systems of the Department of
Health, Education, and Welfare. It requires
every automated information system cov-
ered by the Act to give public notice, once
anrually, of the type of information it col-
lects and disseminates, its sources, purpose. ,
function, administrative director or other
pertinent information. It also requires every
neu system or expanded system to give pub-
lic notice before it becomes operational so
that interested parties will have an oppor- t
tunzty to comment. Section 305 also con- b
tains a provision., based on a suggestion made
by then Vice President Ford, that a privacy
kind impact statement be filed with each new ex-
pansion. The privacy impact statement b
would require the agency proposing creation tr
or expansion of its data bank to anticipate t
the impact of that expansion on privac and
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system within the National Crime Informa-
tion System. The Committee would prefer
that existing state-ibased organizations such
as NLETS be relied upon in the operatiea of
a national crirainal justice information iys-
tem because an overconcentration of powers
and responsibility in the federal government
for telecommunications would be unhealthy
and might be an inappropriate encroach.
ment upon state and local law enforcement.
In respect to the Concept of a leder illy
chartered corporation and Board contrCe of
the telecommunications system the Com-
mittee shares the view of Richard Veldt of
LEAA:
"... with respect to NLETS and any future e
developments that might occur, as far as an
xpanded telecommunications network for c
tate and local criminal justice. as I s
cated in my prepared testimony. we believe t
that the Project SEARCH model, of a policy
board with an executive committee, stanch
he same as is suggested in the chairman's
ill, would be a very appropriate vehicle for c
policy determination and regulation of this a
of system."
There is a danger, when any single agency, t
it Federal, State, or local, has policy mu- 0
ol over a network of this kind. We think s
he responsibility should be shared.
he Committee views all of Title III, in par-
cuiar the creation of the Board and its aut-
hority over a national criminal justice in-
sulation system and the telecommunica-
ons question, as a mechanism for sharLig
cisionmaking on these issues among loc ti.
ate and federal agencies.
This provision would supply the rnissiag
'it necessary statutory foundation for the
entifieation Division's Rap Sheet Files and
National Crime Information Center -Jr
eir successors. Section 307 would not apply
these two information systems or any in-
rmation system until the Act becomes fully
ctive 2 years after enactment.
Section 308 lists certain administrative
tions that may be taken by the Criminhl
ustice Information Systems Board in the
ent that a criminal justice information
stem is found to have violated any pro-
sion of the Act.
Section 309 provides the judicial machir-
y for the exercise of the rights granted in
ction 208 and elsewhere in the Act. The
grieved individual may obtain both in-
ctive relief and damages, $109 recover?
each violation, actual and general dam..
s, attorney's fees, and other litigation
ts whether violations were willful or
ligent. An "aggrieved individual" cover;
individual upon whom inforraation ;
intained, or used in violation of this Ac-;
Who is denied access to information to
ich he is entitled pursuant to subsection
(d) or 203(g) or any other section Of
s Act. An "aggrieved individual" might.
be a person requested int
impossible for an agency to recognize that
Information it receives or maintains is not
in conformity with the Act. For example, it
would exculpate a telecommunications sys-
tems such as the National Law Enforcement
Telecommunications System from liability
for information it transmits in violation of
the Act. Liability in that circumstance
should fall on the agency which enters the
information in the telecommunications
System.
Second, the section would provide that a
mere violation of this section could not be
the basis for motion to suppress evidence in
a criminal proceeding. Of course, the provi-
ion does not limit the courts general super-
visory authority to suppress evidence in cir-
umstances of gross violation or in circum-
tances where the violation is of constitu-
lonal dimensions.
Section 310 provides criminal penalties for
Willful violations of the Act.
Section 311 provides authority for the
omptroller General to conduct certain
udits and studies of the operations of the
oard on behalf of the Congress. In a letter
o the Subcommittee requesting inclusion
I this provision the Comptroller General
tated that although he thought the Gen-
ral ccounting ?face's general statutory
authority might be sufficient, that explicit
authority should be included in this legisla-
tion "because of the sensitive nature of the
data involved." The Comptroller General also
stated:
"While we fully support the intention of
both bills that the administering executive
agencies should be primarily responsible for
properly managing the provisions of the bills,
we also believe it is important that a specific
provision be included in the bill providing
the means for an independent congressional
assessment of executive agencies' actions. In
this way the Congress can have better as-
surance that the detailed audit by the execu-
tive agencies are adequate."
The Committee concurs and has included a
provision almost identical to that proposed
by the Comptroller General,
Section 312 provides that any state statute,
state regulation or Federal regulation which
imposes stricter privacy requirements on the
operation of criminal justice data banks or
upon the exchange of information covered
by this Act takes precedence over this Act
or any regulations issued pursuant to Sec-
tion 303, The Board would make the admin-
istrative decision as to which statute or reg.
ulation governs, and whether a regulation
comports with this Act.
A new subsection has been added to this
section authorizing the Board to suspend
the application of this provision with regard
to state records maintained at a, federal
agency pursuant to section 307. However, the
Board could not authorize such suspension
beyond the 5-year period duringWhich
t federal agency may maintain state files pur-
d anent to section 307(c). Furthermore, this
h provision like any provision can be sus-
, pended with regard to records collected on
s or before the effective date, pursuant to
_ subsection 207(e).
Section 313 authorizes the appropriation
, of such funds as the Congress deems neces
_ easy for the purposes of the Act.
Section 314 is a standard severability pro
vision.
Section 315 repeals a temporary authority
for the Federal Bureau of Investigation to
disseminate Rap sheets to non-criminal jus-
tice agencies.
Section 316 makes this Act effective two
years after its enactment, except that the
Board can suspend the application of any
provisions of the Act for up to one additional
year.
security considerations. ii
Section 306 requires audits of systems and t
agencies which collect and disseminate in- fo
formation. The audits are to be conducted ti
by the Criminal Justice Information Sys- de
terns Board, by a state agency created or at
designated pursuant to Section 304 and by
each criminal justice agency. The GAO b..
would have overall responsibility for audit- Id
hag, as well, under Section 311. th
Section 307 is a general grant of authority th
permitting the Federal Government to op- to
erste an interstate criminal justice informs- f?
tiort system under the policy control of the off-
Federal-state board. However, the Federal
role is carefully circumscribed. Information a?
contained in such a Federal system is lim- I
ited to a simple index containing the sub- 3V
ject's name and the name of the state or 3_5;
local agency which possesses a more com-
plate file. The Criminal Justice Informa-
tion Systems Board could maintain more et
complete files on violations of a criminal lie
law of the United States, of two or more lig
Stater, or violations of the laws of another Dm
nation. Only persons charged with felonies for
could be listed in the data banks. If a given age
State lacks the facilities to operate an au- tht
tomated information system. the Criminal
rieg
Justice Information Systems Board could an
provide the facilities for a period of five 1"la
years.
or
The Board would have the authority to
wh
designate an existing federal criminal justice
agency such as the FBI to perform these t
functions or it could recommend to the Con- also
e chartering of a special corporation viol
or organization similar to the Tennessee Val- r"q
ley Authority to operate the national crimi- sum,
nal justice information system. This latter au
course has been suggested to the Committee
by a number of state criminal justice officials the
as the best means to accommodate the state VIM
interests. Such a corporation could be corn- a pa
posed of members from each of the 50 states. a4 a
Of course, whichever course is followed, tut
either the existing federal agency or the N
corporation would have to be under the ciyil
policy control of the Board. unn
The Board would also have authority to legit
determine the extent to which the national the
criminal justice information system could crim
operate its own telecommunications system tem
or rely upon existing systems such as the with
National Law Enforcement Telecommunica- wt. e
tions System (NLETS). The Committee has rel e_
been quite concerned about recent sugges- that
tions that the Justice Department has au- head
thorized the Federal Bureau of Investigation provi
to establish its own telecommunications naafi
ation of subsection 209(c). It does no
uire that the individual have suffere
e further harm from the violation, sue
oss of job or benefit, in order to have
se of action. The Committee intend
t the Board may in its discretion inter
e in any case in which it is not alread
rty and use in such litigation the result
ny audit it might have conducted pur
nt to Section 306.
ew provisions have been added to the
remedies section which would limit
ecessary interference by litigants with
imate law enforcement activities. First,
section now provides an employee of a
inal justice agency or information sys-
or the agency or information system
a complete defense to a damage action
n he relies in good faith upon the rep-
tation of another agency or employee
information it disseminates is being
led in compliance with the Act. This
sion would avoid the imposition of
ity in? circumstances where It would be
By Mr. JAVITS :
S. 4253. A bill to amend the Council on
Wage and Price Stability Act to provide
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December 18, 1974 CONGRESSIONAL RECORD?SENATE
the Council the authority to issue sub-
penas and to delay inflationary wage or
price increases. Referred to the Commit-
tee on Banking, Housing and Urban
Affairs.
Mr. JAVITS. Mr. President, today I am
Introducing a bill which will grant two
additional and extremely important
powers to the Council on Wage and Price
Stability: subpena power and the power
to order a cooling-off period of up to 60
days on seriously inflationary wage and
price increases. The latest price increases
announced by United States Steel, up to
11.6 percent on about two-thirds of its
product line, are avid demonstration of
the need for these powers. At a time
when President Ford has asked the Wage
and Price Board to look into the United
States Steel price increases, which per-
meate every sector of the economy, we
find that the Board really has no powers.
New price increases in construction and
automobiles may well result, to mention
two industries hardest hit by the current
recession, and those two industries will
attempt to justify their price increases
by blaming it on steel.
The President is correct in demanding
a justification for the steel price in-
creases. However, the President has his
hands tied by the lack of power I call for
today.
The President can only jawbone, but
it has no teeth. Mr. Rees, the Director of
the Council, gives it all away when he
says:
If the 'U.8. Steel executives don't respond
pretty soon, I'll get on the phone.
We cannot stand a new round of big
price increases in basic steel, which will
feed a new burst of inflation and create
new wage demands. We need to review it
now in this Congress, and we can do it
with the amendments I have offered. To
wait until the 94th Congress may let the
situation run out of control.
ADDITIONAL COSPONSORS OF
BILLS AND JOINT RESOLUTIONS
S. 4196
At the request of Mr. KENNEDY, the
Senator from Indiana (Mr. BAYH), the
Senator from Michigan (Mr. HART), the
Senator from Utah (Mr. Moss) , and the
Senator from California (Mr. TUNNEY)
were added as cosponsors of S. 4196, a
bill to provide public financing for pri-
mary and general elections for Senate
and House of Representatives.
S. 4203
At the request of Mr. BROOKE, the Sen-
ator from Maine (Mr. HATHAWAY), the
Senator from South Dakota (Mr,
McGovusw), the Senator from New
Hampshire (Mr. MCINTyRE), the Sena-
tor from Utah (Mr. Moss), and the Sen-
ator from Vermont (Mr. STAFFORD) were
added as cosponsors of S. 4203, a bill to
repeal exemptions in the antitrust laws
relating to fair trade laws.
' 5.4209
At the request of Mr. MUSKIE, the Sen-
ator from Indiana (Mr. BAYS-I) and the
Senator from South Dakota (Mr.
ADOUREEK) were added as cosponsors of
S. 4209, a bill to strengthen the inter-
governmental response to the current
energy emergency.
S. 4216
At the request of Mr. TALMADGE, the
Senator from South Carolina (Mr.
THURMOND) was added as a cosponsor of
S. 4216, a bill to provide a priority system
for certain agricultural uses of natural
gas.
S. 4225
At the request of Mr. BROCK, the Sena-
tor from Idaho (Mr. CHURCH) was added
as a cosponsor of S. 4225, a bill to amend
the Consumer Credit Protection Act to
prohibit discrimination of credit.
SENATE RESOLUTION 466?ORIG-
INAL RESOLUTION REPORTED
TO PAY A GRATUITY.
(Placed on the Calendar.)
Mr. CANNON, from the Committee on
Rules and Administration, reported the
following resolution:
S. RES. 466
Resolved, That the Secretary of the Senate
hereby is authorized and directed to pay,
from the contingent fund of the Senate, to
Reginald C. Vines, Administrator of the
estate of John H. Vines, an employee of the
Senate at the time of his death, a sum equal
to ten months' compensation at the rate he
was receiving by law at the time of his death,
said sum to be considered inclusive of fu-
neral expenses and all other allowances.
SENATE RESOLUTION 467?ORIGI-
NAL RESOLUTION REPORTED
RELATING TO AGRICULTURAL
CREDIT
(Placed on the Calendar,)
Mr. ALLEN, from the Committee on
Agriculture and Forestry, reported the
following resolution:
S. Has. 467
Whereas a strong and viable agriculture is
essential to the well-being of the Nation's
economy; and
Whereas agriculture is the economic bade
of most rural communities; and
Whereas farmers and ranchers have sharply
expanded their use of credit in response to
domestic and world demand for food and
fiber; and
Whereas skyrocketing production costs and
plummeting farm prices have forced agricul-
tural producers into a position of limited
liquidity; and
Whereas inclement weather has further
limited cash flows of farmers and ranchers
this year; and
Whereas this situation of limited liquidity
at a time of record indebtedness and high
rates of interest threatens the welfare of pro-
ducers and consumers as well as the long run
economic well-being of this Nation; and
Whereas the problem is immediate and
proposed major legislative efforts will be too
late unless all agricultural lenders immedi-
ately respond to the needs of agriculture:
Now therefore, be it
Resolved, That it is the sense of the Senate
that all agricultural lenders, including com-
mercial banks, insurance companies, Produc-
tion Credit Associations, Federal Land Banks
Associations, and merchants and dealers,
during this period of economic distress, use
every means possible to assure agricultural
solvency and, therefore, long-term agricul-
tural production; and, therefore be it fur-
ther
Resolved, That it is hereby declared to be
the sense of the Senate, that?
(1) The Farmers Home Administration
facilitate and fully implement all lending
authority in law including the Emergency
S 22013
Livestock Credit Act of 1971 and other dis-
aster loan programs; and
(2) The Farm Credit Administration use
its good offices to the fullest extent possible
to support and continue agricultural pro-
ducers with necessary financial support in-
cluding necessary refinancing; and
(3) The Federal Reserve Board fully sup-
port those commercial banks which repre-
sent the largest source of agricultural pro-
duction credit, in their efforts to maintain
their agricultural borrowers.
AMENDMENTS SUBMITTED FOR
PRINTING
DUTY-FREE ENTRY OF A TELE-
SCOPE AT MAUNA KEA, HAWAII?
H.R. 11798
AMENDMENT NO. 2093
(Ordered to be printed and to lie on
the table.)
Mr. BEALL (for himself and Mr.
MATHIAS) submitted an amendment in-
tended to be proposed by them jointly
to the bill (H.R. 11'796) to provide for
the duty-free entry of a 3.60-meter tele-
scope and associated articles for the use
of the Canada-France-Hawaii telescope
project at Mauna Kea, Hawaii.
AMENDMENT NO. 2094
(Ordered to be printed and to lie on
the table.)
Mr. BEALL submitted an amendment
intended to be proposed by him to the
bill (H.R. 11796) ? supra.
FURTHER CONTINUING APPROPRI-
ATIONS, 1975?HOUSE JOINT
RESOLUTION 1178
AMENDMENT NO. 2099
(Ordered to be printed and to lie on
the table.)
Mr. HOLLINGS (for himself, Mr.
CHILES, Mr. NUNN, Mr. BARTLETT, Mr.
COOK, Mr. DOMENIC', Mr. PROXMIRE, Mr.
EAGLETON, Mr. Rom, Mr. BROCK, Mr.
BELLMON, and Mr. DomfurcK) submitted
an amendment intended to be proposed
by them jointly to the joint resolution
(H.J. Res. 1178) making further con-
tinuing appropriations for the fiscal year
1975, and for other purposes.
ADDITIONAL STATEMENTS
S. 3267, STANDBY ENERGY AUTHORI-
TIES ACT
Mr. JACKSON. Mr. President, last
Thursday I reported to the Senate on
the status of negotiations with the ad-
ministration on S. 3267, the Standby
Energy Emergency Authorities Act.
The purpose of this bill is to provide
the President with a statutory basis for
the implementation of urgently needed
measures for rationing and mandatory
conservation, for limiting petroleum im-
ports, and for establishing a system of
strategic energy reserves. Passage of this
measure by this Congress would provide
the Nation with the appropriate standby
authority to deal fairly, equitably, and
In an orderly manner with the growing
economic consequences of world oil prices
and the possibility of another embargo by
the OPEC cartel.
Title I of the bill provides standby leg-
islative authority to deal with shortage
conditions. These include:
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CONGRESSIONAL RECORD? SENATE December 18, 1974
End-use rationing of gasoline and
other petroleum products;
Mandatory energy conservation au-
thorities;
A statutory basis for allocation of ma-
terials in scarce supply which are essen-
tial to energy production;
Aethority to increase oil production
during periods of shortage;
E ,c,port limitations on all forms of en-
ergy and equipment vital to energy pro-
duction such as pipe and drilling rigs;
Gsant-in-aid for State and local gov-
ernment; and
Delegation of conservation authority
to State government.
Title II establishes a policy of reduc-
ing high priced oil imports from insecure
foreign oil sources. The title:
Sets forth a congressional policy of re-
ducing oil imports;
Directs a study of various alternatives
for reducing oil imports; and
Requires a report to the Congress
within 60 days together with legislative
recommendations.
Title III establishes a policy to com-
mit the Nation to the development of a
system of strategic energy reserves. This
title:
Creates an Office of Strategic Energy
Reserves in FEA;
Mandates prototype salt-dome oil stor-
age demonstration projects;
Requires studies and reports on the es-
tablishment of industry storage reserves,
electrical utility storage reserves, nation-
al strategic energy reserves; and
Requires a report and recommenda-
tions on the naval petroleum reserves
and their potential for use as an active,
"ready to use" oil reserve, for national
defense purposes.
Mr. President, there is no dispute as to
the need for these authorities.
Every knowledgeable observer who has
reviewed the Nation's current energy sit-
uation has concluded that the provisions
of the pending bill constitute the author-
ity needed for a minimum policy to deal
with our short-term energy problems.
Spokesmen for the administration have
in recent months repeatedly endorsed in
principle and stated the urgent need for
the authorities contained in this bill.
The Committee for Economic Develop-
ment, the Ford Foundation's energy pol-
icy project, and other recent studies of
national energy policy have all concluded
that adoption of authorities like those
contained in S. 3267 are essential and of
urgent importance.
Mr. President, the administration's
own blueprint for Project Independence
concludes that these authorities are
needed options which should be rapidly
developed into legislative programs and
set in place at an early date.
The "Comprehensive Energy Plan"
submitted to the Congress by the Federal
Energy Administration in response to
section 22 of the Federal Energy Admin-
istration Act of 1974 calls for a 1-million-
barrel per day reduction in imports in
1975. The plan states that such a reduc-
tion?
... would put pressure on the international
oil-producing cartel to lower crude oil prices
or to further decrease production. The latter
could well result in loss of revenues to the
oil producers. Achievement of the goal would
have international significance through a
demonstration to the cartel that the U.S.
can control consumption levels.
The international energy program
which the United States has BOW signed
together with 15 other nations requires
that the United States adopt Lae author-
ities contained in the amendment as a
means of carrying out the duties and
obligations incurred under this agree-
ment.
Other signatory nations have already
taken action under the agreement. Ger-
many has reduced its energy constune-
tion by 10 percent. France has.mandated
a reduction in petroleum imports. The
British have initiated a mandatory pro-
gram for energy conservation.
The United States, however, has yet
to take any meaningful action. Instead,
administration representatives "view
with alarm," pursue "voluntary" pre-
grams, and engage in meaningless
rhetoric.
Meanwhile, during the last 3 weeks for
which data is available, U.S. petroleum
onsurnption has continued to grow and
aow exceeds 18 million barrels per day.
.During those same weeks our dependency
on imported oil grows larger and now
exceeds 7 million barrels per day.
As a result, our credibility and deter-
mination to deal with economic and
energy problems is seriously questioned.
It is my strong belief that the na-
tional interest is best served by expedi-
tiously moving this critically needed
legislation on a bipartisan basis, To that
end, I wrote to President Ford first on
September 27, and again on December 5,
offering to work with the administration
to resolve any policy or technical prob -
lems which the administration may have
with the bill.
Last week and over the weekend the
staff of the Interior and Commetce Com-
mittees met with representatives of the
White House, the Office of Management
and Budget, the Federal Energy Admin.
ietration, and the Department of State to
a3certain whether the admirestration
would support the bill and join in op-
posing controversial amendments. These
representatives of the 'executive branch
proposed a number of suggestions for
perfecting amendments. As I stated last
Thursday, in the interest of giving the
President this vitally needed authority,
I am prepared to accept almost all of the
suggestions made by the administration.
Mr. President, one of the ground rules
that governed our negotiations on this
emergency bill was to confine It to rela-
tingly noncontroversial items that are
vital in the next few months. With that
understanding I was prepared to exclude
and to oppose all controversial and non-
germane amendments. I deleted a roll-
back of oil prices to reasonable levels. In
the interest of enacting needed authority
with a minimum of debate I was pre-
pared to oppose the addition of other
amendments such as oil industry tax re-
form and other measures which I believe
to be in the public interest.
In these circumstances I was extreme-
ly disappointed to learn that the ad-
ministration's position is apparently that
they will support a natural gas deregu-
lation amendment to this bill even
though they recognize that this will
mean the death of the bill in this Con-
gress. I have stated that I will oppose
any such effort. It has been my earnest
hope that Members who favor other such
measures, will not undertake an effort
which will be devisive and which will kill
this bill.
I regret, Mr. President, that despite the
extensive negotiations we have had and
despite the ability of the administration
and the Interior and Commerce Commit-
tees to agree on the text of the standby
bill, we are unable to agree that all con-
troversial and nongermane amendments
will be opposed.
As the author of S. 2589, the National
Energy Emergency Act, which President
Nixon vetoed on March 6, and as chair-
man of the Committee on Interior and
Insular Affairs, I have made every rea-
sonable effort since October 24, 1973, to
work with the administration to develop
a national policy for mandatory energy
conservation and contingency planning
policy which both the Congress and the
administration could support. I have re-
peatedly made major concessions on
policy issues of the utmost importance--
oil price rollback, unemployment com-
pensation, assistance to low-income
families, and many other matters. These
concessions were made with the sincere
hope that a reasonable compromise
could be struck which would provide the
executive branch, the legislative au-
thority, and the tools to deal with the
increasingly dangerous financial and na-
tional security crises presented by our
growing reliance on high-priced oil im-
ports.
On September 27, in a letter to the
President, I stated that:
The separation of the Branches of govern-
ment, partisan rivalries and the jealousies
among executive agencies and among Com-
mittees of Congress, would in ordinary times
make a proposal such as I have set out here
unrealistic. These are, however, extraordinary
times. Our security, our economic system and
our way of life are at stake.
On December 5, I again wrote to the
President. After describing the provi-
sions of the amendment in the nature of
a substitute to S. 3267, I stated that:
It is my earnest hope that your Adminis-
tration will be able to support this measure.
I fully recognize that the Administration
and the Congress have different views on
many specific energy policy issues. There is,
however, broad consensus on goals and
essential major programs which are necessary
to the maintenance of our national security
and to the vitality of our economic system.
Mr. President, the administration's lat-
est response indicates that the Congress
will have to continue to act unilaterally
and without the support or cooperation
of the administration in developing a
legislative response to the ravaging im-
pact of world oil prices and the threat
of political embargoes.
The administration's inaction and
irresponsibility in this area over the past
year have contributed to the deteriora-
tion of the national economy and the
international financial system. Contin-
ued indecision threatens to push the
Nation from the serious recession we are
now experiencing into a catastrophic
depression unparalleled since the 1930's.
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December 18, 1974 CONGRESSIONAL RECORD?SENATE
Last Friday, at their meeting in
Vienna, the OPEC ail ministers an-
nounced that the price set by OPEC last
October will be again increased by 4 per-
cent on January 1, 1975. Secretary of the
Interior Rogers Morton has stated that
as a result of the OPEC price increase,
oil consuming nations "will pay an addi-
tional $4 billion a year for imported oil
and further depress their economic ac-
tivity."
Mr. President, our only possible deter-
rent to a continuing series of exorbitant
price increases lies in our demonstration
of the will and the ability to reduce our
vulnerability to the pricing decisions of
the cartel by reducing our dependency
on oil imports.
The prices set by this latest increase
will remain in effect until October. We,
thus, have 9 months in which to prevent
further oil price escalation. Therefore,
the administration's decision to again
prevent the enactment of a statutory
basis for meaningful action is particu-
larly grave, because it effectively pre-
cludes the achievement of such results
in the necessary time frame.
There lies before us a long and diffi-
cult road to economic recovery. And that
road is strewn with dangers of blackmail
in the form of oil embargoes. One would
expect the administration to lead us for-
ward on that road. That failing, one
would hope that the administration
would follow. However, the undisputed
record to date is one of inability to lead
and unwillingness to follow. Instead, the
administration remains squarely planted,
Immobile and obstinate, blocking all
needed efforts to protect the well-being
of the Nation.
Mr. President, the American people
have had enough delay, enough studies,
and enough of official appeals for volun-
tarism. What they want now is action.
This measure, if supported by the admin-
istration could be adopted by the Con-
gress before adjournment. It would equip
the President with the necessary author-
ity to take the actions which are needed
to meet the problems we face in an in-
creasingly uncertain future.
Unfortunately, Mr. President, as a
result of the refusal of the administration s
to cooperate in our effort to keep the
bill clean of all controversial amend-
ments, the American people will not get
action until the next session of the Con-
gress. The administration seems more
Interested in profits for the oil and gas
industry than in enacting the authority
necessary to conserve energy.
I do not intend to ask the Senate to
engage in a futile and divisive effort on
this bill when there is no hope of pur-
poseful achievement. The Senate and the
Congress have other items of important
public business which require decision.
I do, however, intend to make clear
that the administration must accept full
responsibility for the Nation's vulner-
ability and lack of preparedness to deal
with world oil prices and embargoes. The
administration must assume the respon-
sibility for the failure to have standby
rationing and mandatory energy conser-
vation authority.
Finally, Mr. President, the public
should also understand that failure to
do that which is possible in this Congress
means a delay not of weeks, but rather
of many months. It means that no action
will now be taken until: First, Congress
organizes and adopts rules, and makes
committee assignments in the new Con-
gress; second, the President submits his
recommendations for an energy pro-
gram; third, hearings are held on the
new bills; fourth, action is taken on those
bills by both Houses of Congress; and
fifth, conference committees meet and
agree on the measures.
Mr. President, I do not believe this
course of action is in the national inter-
est. I see, however, no way in which pur-
poseful and constructive action can be
taken in view of the administration's
decision to support an amendment to the
bill to deregulate the price of natural
gas.
ADMINISTRATION DEREGULATION
BID BLOCKS PASSAGE OF ENERGY
BILL
Mr. STEVENSON. Mr. President, last
weekend two members of the President's
Cabinet, his ,new energy Administrator,
the Chairman of his Council of Economic
Advisers, and others went to Camp David
to formulate a national energy policy.
After the first day, one of the par-
ticipants was asked what kind of pro-
gram would emerge, and was quoted as
saying:
I won't bet exactly how it's going to come
out, but what I will bet is that it's to little,
too late.
That frustration is shared by the Con-
gress and the public.
The administration still has no energy
program. The pronouncements of Its
energy czars, one after another, even the
czars themselves, are repeatedly rendered
inoperative. This administration has only
one consistency in its approach on ener-
gy policy. It moves in lockstep with the
major oil companies.
The major oil companies do not want
standby emergency legislation that could
conserve energy, reduce consumption and
profits and force them to choose between
the United States and the Arabs in the
event of another flare-up in the Middle
East.
When the Congress passed emergency
legislation during the Arab embargo
early this year, it was vetoed because the
administration and the major oil com-
panies objected to ceilings on domestic
oil prices.
Another effort to enact emergency leg-
islation was undertaken last spring, but
it, too, came up against the opposition of
the administration and the oil industry.
Emphasizing the need to prepare for
another embargo, Senator JACKSON urged
the President in September and again in
early December to support the develop-
ment of bipartisan standby legislation.
In an effort to remove obstacles to its
enactment, Senator JACKSON, I and other
Members proposed to deal separately
with such controversial questions as price
ceilings and tax reform.
With time running out, it became clear
that the Congress would have to move
without the support of the administra-
tion. I joined Senator JACKSON and sev-
S 22015
eral of our colleagues earlier this month
to draft new legislation providing stand-
by authorities for use in the event of an-
other emergency.
Last week, on the very day we intro-
duced that bill, we finally heard from
the administration. After months, more
literally years, of foot-dragging, the ad-
ministration asked us to delay Senate
consideration of our bill and negotiate
mutually acceptable legislation.
Those negotiations have been going on
for the past week. We have sought to con-
centrate on objectives upon which we
could all agree?mandatory conservation
authority, steps to limit oil imports and
establishment of strategic reserves. To
assure passage of these standby provi-
sions, we agreed to forego consideration
at this time of such additional steps as a
rollback of domestic oil prices.
Now, Mr. President, after reaching sub-
stantial agreement on minimal emer-
gency energy legislation, the administra-
tion informed us that it was unwilling to
forego deregulation of the wellhead price
of natural gas.
The administration's efforts to tie
natural gas deregulation to this emer-
gency bill now will deprive the American
people of the protection which would be
assured by passage of this legislation.
There is no time left in this session of
Congress to debate an issue as controver-
sial as deregulation and little disposition
on the part of the Congress to increase
the oil industry's windfall profits at the
further expense of the economy. The ad-
ministration's position insures that the
Interests of the Nation's major oil com-
panies will once again be served at the
expense of the public interest.
Natural gas supplies about one-third
of the Nation's energy requirements. De-
regulation would further inflate the al-
ready obscene profits of the major oil
companies at the expense of virtually
every home, every firm, and every indus-
try in the Nation. It would cost the Amer-
ican consumer an estimated $11 billion
during the first year alone, with no assur-
ance of increased natural gas supplies.
The impact would be felt not only by
household consumers but in the cost of
innumerable products whose manufac-
ture requires natural gas, including fer-
tilizer and chemicals. The costs of alter-
native sources of energy, such as coal,
would tend to rise to the higher price
levels of deregulated natural gas.
Clearly, legislation is needed to help
assure adequate supplies of natural gas.
At the present time, large quantities of
natural gas are being withheld from the
market by the oil industry in anticipa-
tion of the Government's capitulation to
its demands for still higher prices. In
just 168 leases in the Gulf of Mexico
studied by the Federal Power Commis-
sion, producible, commercial wells with
estimated recoverable gas reserves of al-
most 5 trillion cubic feet were found to
be shut in. These wells are located on
public property, but the Department of
Interior steadfastly refuses to compel
their production or forfeiture.
The major oil companies' primary in-
terest is making money?not making oil
and gas. If, like the OPEC nations they
can produce more money by producing
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CONGRESSIONAL RECORD ? SENATE
less oil and gas, that is what they will do.
t is the Government's job to protect its
citizens from that kind of economic
blackmail. But instead, this administra-
tion persists in acting as big oil's agent.
The administration's own Project In-
cependence blueprint forecasts no appre-
ciable increase in natural gas supplies
through 1985 for prices in excess of 60
cents per MCP. Yet the administration
chooses to ignore its own findings ani
advocate a policy that will raise the price
of natural gas as high as $2 per MCP.
The difference between 60 cents and $1
will not assure added supplies of natural
gas; it will simply mean more windfall
profits for the oil industry and more in-
nation for consumers.
There are 3 legislative days remaining
in this session of Congress. After stalling'
all year, the administration is now hold-
ing a needed energy emergency bill?
upon which we can agree?hostage to an
oil industry sponsored ripoff.
am well aware of the need for re-
forming the regulation of natural gas
and compelling the production of with-
held supplies. After chairing hearings
during which I heard more than 150 wit-
nesses on the question of natural gas
regulation, Senator PEARSON and I sought
the collaboration of the administration
last June in an effort to develop legisla-
tion that would protect the interests of
natural gas producers and consumers, In
July and August, we met and talked with
John Sawhill and his staff seven times
as we worked toward the introduction
of a bipartisan compromise that would
Increase production incentives without
allowing gas prices to rise to the oil price
levels established by the Organization of
Petroleum Exporting Countries (OPEC).
We made substantial progress in those
negotiations. By early August we were
confident we had reached an agreement.
But the oil companies did not agree.
Increased prices were not enough for
them; they wanted total deregulation.
And in this administration, it appears
that what the major oil companies want,
they get. So both the agreement we
thought we had in August, and John
Sawhill, are now gone.
If the administration had been will-
ing to strike a reasonable balance be-
tween the interest of the oil industry and
the public interest, the natural gas
question Would have been resolved
months ago. As it is, the compromise bill
we drafted in August has been further
improved by the Commerce Committee
and is now ready for markup. As Chair-
man MAGNUSON has stated, we expect to
bring this legislation to the floor of the
Senate early in the next session.
The bill now before the committee
would reform the regulatory process,
establish higher ceiling prices for newly
discovered natural gas, freeze the price
of old gas and allocate it to residential
and commercial uses, forbid the waste
of premium fuel under boilers, compel
the production of commercially produ-
cible wells in the public domain, and
exempt from regulation the independ-
ent producers who run most of the risks
in exploration of new supplies of gas.
That legislation is reasonable. It does
not forfeit responsibility for the regula-
tion of domestic energy prices to foreign
governments. It provides new incentives
for the industry without sacrificing the
public's interest. 'The Senate will have an
opportunity to consider this legislation
early in the next session.
The administration's insistence on de-
regulation of natural gas in the final
days of this session underscores the
bankruptcy of an energy policy written
in the board rooms of the major oil ,:om-
panies.
By the administration's own admis-
sion, if we deregulated the price of natu-
ral gas this afternoon, it. would have no
effect on natural gas supplies this win-
ter. But if we fail to pass the standby
authorities bill and there is another em-
bargo in the next several months, we
will have gambled with the Nat:on's
future.
By insisting that natural gas deregu-
lation be tied to emergency legislation,
the administration must accept the re-
sponsibility for the lack of any emer-
gency authority over the next several
months.
By signing the International Energy
Agreement in Brussels last month, the
administration made a solemn commit-
ment to develop mandatory conservation
plans, limit imports of high priced for-
eign crude and develop standby emer-
gency energy reserves. Germany, Prance,
Britain, and now Japan have all either
undertaken or announced mandatory
conservation programs aimed at lessen-
ing their dependence on high priced for-
eign oil.
The United States is the only major
Industrialized nation which has not yet
established any program or enacted any
of the standby authorities necessary to
fulfill its commitments under the Brus-
sels agreement.
The fact is that we have been long on
rhetoric, and short on action. On Sep-
tember 23 in Detroit, the President final-
ly acknowledged the relationship be-
tween high energy costs and looming
worldwide depression. In diplomatic
terms, he came close to threatening war
against the foreign oil producers for
establishing extortionate energy prices.
Yet. when the threat of economic dis-
aster demanded decisive action at home,
the President joined with the major oil
ompanies to advocate the same high
foreign prices for domestic energy he had
sondemned?and at the expense of kill-
:ng the only legislation that cculd have
given the administration in this session
the authority it needs to initiate energy
conservation and stockpiling program.
While the administration continues its
attempts to formulate some kind of en-
ergy policy, domestic energy consump-
tion is soaring. The Nation is no better
prepared to face an Arab oil embargo to-
day than it was when the first one began
a year ago.
The lack of leadership from th e White
ktouse on energy policy is one of the most
serious threats the Nation faces today.
Over the course of the last year, Sena-
tor JACKSON has made a relentless effort
to see to it that the Congress passed a
responsible energy emergency bill. Those
of us who have worked with him know
first-hand that it has not been easy. The
truth is that it has not been possible to
December 18, 1974
overcome the combined power of the oil
Industry and the administration.
We have been vetoed, stalled, and
pressured by an administrative and ar.
industry which speaks with one voice;
proposing more inflation, more recession.
more windfall profits, and more shat-
tered public confidence In the wisdom
and fairness of Government. We have
been frustrated by an administration
that would leave us vulnerable to an-
other embargo for the sake of helping
the oil industry satisfy its insatiable ap-
petite for profit.
We will not be threatened into sup-
porting deregulation of natural gas. So,
we will not be able to pass an emergency
bill in this session.
If this administration does not end
Its alliance with the oil industry, the 94th
Congress will enact a mandatory energy
program without it. And in this session
we must also move rapidly to reform the
regulation of natural gas, striking a fair
balance between the needs of producers
and the economy.
EMERGENCY ENERGY
LEGISLATION
Mr. MAGNUSON. Mr. President, it is
with deep regret that I must report that
the administration is not willing to co-
operate in enacting emergency energy
legislation in this session.
The Senate committees with responsi-
bility in this area, are organized as a
team under the leadership of Senator
JscissoN. We have prepared a clean
amendment to provide standby emer-
gency authority to assure that essential
energy needs of the Nation are met. Our
representatives have engaged in good-
faith negotiations with the administra-
tion and we have accepted most of their
suggestions. The remaining differences
on the emergency bill are minor, but ne-
gotiations over the weekend and into this
week were to no avail.
Mr. Preside,nt, it is painfully evident
that the administration is not really in-
terested in obtaining the standby emer-
gency authority. The minor differences
that remain could be quickly resolved if
there were any spirit of cooperation.
A basic ground rule for enacting emer-
gency legislation at this late hour is that
the bill must be limited to-noncontrover-
sial measures which are truly urgent to
meet an emergency?such as another
embargo?that could take place before
the Senate could act next year. Our bill
provides such items as standby rationing
and energy conservation plans for such
an emergency.
In an effort to pass such an emergency
bill in this session, Senator JACKSON re-
moved his oil price rollback provision and
other controversial items from the bill.
Despite these concessions, the adminis-
tration in the past few days has injected
its proposal to decontrol natural gas
prices as a part of the energy emergency
legislation. Changes in natural gas pric-
ing are important, but are competely
separate front the measures needed in
an emergency. Secretary Morton con-
ceded before the Senate Commerce Com-
mittee on December 4 that nothing the
Congress could do on natural gas pricing
would have any appreciable supply iin-
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December 18, 1974 CONGRESSIONAL RECORD?SENATE
pact this year, or for that matter, until
nearly 1980.
Mr. President, the Senate Commerce
Committee is committed to bringing
natural gas reform legislation to the
Senate floor at the earliest possible date
in the new Congress. The committee this
session held the most intensive review
ever conducted of the Natural Gas Act.
We recognize that the current regulatory
system is deficient because of lengthy de-
lays and great uncertainty. Producers
need an adequate price, but that price
must also be fair to consumers. Deregu-
lation does not meet that essential test
of fairness, nor does it deal with the
many other issues that must be ad-
dressed, such as curtailment priorities,
might add that we have made progress
In these matters despite the obstinate re-
fused of the administration and the in-
dustry to cooperate in working out a rea-
sonable compromise. But even the ad-
ministration must realize that nothing
could be accomplished by considering
this highly controversial matter on the
floor of the Senate in the dying days of
this session.
The administration insistence on hook-
ing natural gas decontrol onto the emer-
gency bill forces me to conclude that the
President does not want the authority
contained in the emergency bill to cope
with an energy emergency. It would ap-
pear that his support for the oil indus-
try's efforts to rernove the consumers'
protectioh against higher natural gas
prices is stranger than his desire to pass
this emergency legislation. We were
promised communication, compromise,
cooperation, and conciliation. But in en-
ergy policy, that particular approach has
not yet become administration policy. For
the good of the country, I hope in the
new year the administration will begin to
practice what it preaches in a coopera-
tive relationship with the Congress.
EMERGENCY ENERGY PROVISIONS
Mr. TALMADGE. Mr. President, I not
only wish to join the distinguished
chairman of the Senate Interior Com-
mittee, Mr. JACKSON, and the distin-
guished chairman of the Senate Com-
merce Committee, Mr. MAGNUSON, in ex-
pressing consternation over the failure
of the Ford administration to come to
terms regarding the provisions of the
Energy Emergency Authorities Act, but
also with respect to an amendment to
this this bill which I offered last Sat-
urday, which I understand, also has been
rejected by the President and his ad-
visors.
Senators JACKSON and MAG1VUSON, on
the other hand, have indicated their
willingness to accept my amendment, for
which I wish to express my appreciation
and thanks.
My amendment would have provided a
6-month natural gas priority to fertilizer
and farm chemical manufacturers to
maintain capacity production of these
essential farm inputs for use by farmers
to achieve maximum production of 1975
crops.
U.S. fertilizer producers are now try-
lug to build inventories of fertilizers to
meet peak demand during the spring
planting period next spring. And to the
extent that such manufacturers are de-
nied needed natural gas supplies, the
availability and price of fertilizers next
year will be affected accordingly, name-
ly, fertilizer supplies will be sharply re-
duced and prices will be sharply in-
creased.
Current estimates of natural gas cur-
tailments affecting nitrogen fertilizer
production may result in the loss of 1.5
million tons of nitrogen fertilizer. If this
Is permitted to happen?which appar-
ently the Ford Administration and the
Federal Power Commission are now will-
ing to let happen?our Nation could lose
between 500 and 600 million bushels of
food and feed grain production in 1975.
Mr. President, last year, with the help
of the Federal Power Commission, fer-
tilizer producers were granted emergen-
cy natural gas relief to maintain max-
imum production capacity. Due to the
granting of such relief last year, plus the
availability of some fertilizer Inventory
buildup going into the 1974 crop year,
farmers were able to just "get by" in
1974 in meeting their fertilizer require-
ments. However, going into the 1975 crop
year, fertilizer inventories were much
lower than they were a year earlier, thus
putting even greater pressure and im-
portance on U.S. fertilizer manufactur-
ers producing at maximum levels
throughout this 1975 crop and fertilizer
year.
In view of the Ford administration's
and the Federal Power Commission's re-
fusal to cooperate in avoiding this ferti-
lizer-food crisis, I hereby wish to provide
every fertilizer dealer and farmer in this
Nation with the addresses and telephone
numbers of the White House and the
Federal Power Commission, so all com-
plaints registered next year regarding
either the supply or price of fertilizer
can be directed to their offices. The same
applies to complaints received from con-
sumers next year regarding continued
shortages of food caused by lost farm
production due to fertilizer shortages.
The telephone numbers and addresses
of their offices are as follows:
The President of the United States,
the White House, Washington, D.C., area
code 202 456-1414.
The Honorable John N. Na,s,sikas,
Chairman, Federal Power Commission,
825 North Capitol Street NE., Washing-
ton, D.C. 20426, area code 202 386-4513.
Those of us on the Senate Committee
on Agriculture and Forestry have done
everything within our power this past
year to get fertilizer supplies up and
prices paid for them down. We have held
numerous hearings, passed two Senate
resolutions, and have proposed a man-
dated natural gas priority relief system
to maximize the production of these es-
sential farm products.
Prices paid by farmers for fertilizer
supplies since October 1973, have risen
sharply?over 100 percent for nitrogen,
in particular. USDA is now predicting
that further price increases of between
10 and 15 percent can be expected dur-
S 22017
ing 1975?and that assumes near maxi-
mum production of these materials. How-
ever, natural gas curtailments of these
plants will now push prices for these
essential farm input supplies even higher
due to further shortages caused by such
curtailments. World demand for nitrogen
fertilizer during this 1975 crop year is
expected to increase by as much as 50
percent, adding further to price and sup-
ply problems regarding this material. The
United States is now a net importer of
nitrogen fertilizer due to our Nation's
failure to expand production capacity to
meet domestic requirements.
Any loss in existing production capac-
ity now, will mean farmers will have less
than needed fertilizer supplies next
spring when they plant their 1975 crops.
For every pound of lost fertilizer produc-
tion now, we can expect a loss of from
7 to 10 pounds of food in 1975. That is
the essence of what we as a Nation are
now faced with concerning this situation.
In my book, that is a bad tradeoff, espe-
cially when one considers the danger-
ously short supply situation we and the
rest of the world are now faced with
concerning food reserves.
Pork supplies available to the Ameri-
can public during 1975 are now forecast
to be the lowest in 47'years. Poultry sup-
plies are expected to be down over 10
percent in 1975 from what they were in
1974. Dairy farmers are now going out of
business by the thousands due to in-
creased operating costs, much' of which
Is 'related to shortages of feed and the
higher costs which accompany such
shortages.
Carryover supplies of wheat next sum-
mer are again expected to remain at all
time lows. Grain fed beef supplies are
expected to be down by as much as 30
percent next year.
American consumers during 1974 are
expected to pay almost $20 billion more
for food than they paid in 1973. And un-
less we get substantial increases in 1975
harvests of wheat, soybeans, corn and
other farm commodities, U.S. consumers
may be faced with even further increases
In their food expenditures during 1975
over that which they are paying this year,
maybe by as much as another $20 billion
or more.
The Ford administration, in coopera-
tion with Congress, has within its power
the means to help minimize such infla-
tionary pressures. It can start, by insur-
ing American farmers that U.S. fertilizer
and farm chemical manufacturers will be
able to produce at maximum production
levels during at least the next 6 months.
Assuming near normal weather con-
ditions next year, and assuming maxi-
mum production of fertilizer and farm
chemical supplies, we could have ex-
pected bountiful crop harvests next sum-
mer and fall.
Unfortunately, this now appears un-
likely due to the Ford administration
and Federal Power Commission's refusal
to cooperate regarding this vitally im-
portant national matter.
Therefore, they?and not , this Con-
gress?will have to answer for the food
crisis that will now likely develop next
Year as a result of their decisions:
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8 22018 CONGRESSIONAL RECORD?SENA
FAILURE TO CONSIDER S. 3267
Mr. MUSKIE. Mr. President, I am very
disappointed that the Senate will net
consider S. 3267, the Standby Energy Au-
thorities Act, during this session. I ara
p uticularly distressed because the ad-
ministration's intransigence has pre-
-vented a compromise on this bill.
-3- had planned to offer an amendment
to S. 3267 which provides needed emer -
gency financial assistance to families un-
al,le to afford the high price of fuel thin
winter. The amendment would have been
identical in thrust to S. 4209, a bill I in-
troduced earlier this month which hak
been cosponsored by 17 Senators.
Vire President, the high cost of home
heating fuel is a very real problem for
low- and moderate-income families.
Whter has already struck in many parts
of the country. And people in many
States are already struggling to keep
warm.
Officials in my State have already re-
ported that nearly 300 families have
called them in the past 3 weeks in need
of money to pay for fuel.
Mr. President, the inability to pay for
heating fuel is a very human problem.
It is a retired woman in Portland,
Maine, who recently wrote to tell me how
difficult it was for her to afford to heat
two rooms in her home and buy enough
to eat on her monthly income of $132
from social security.
It is a pregnant mother in Maine with
two children who seeks help from the
State energy office because her $2,600 a
year income does not allow enough to
pay for fuel.
It is an unemployed worker in my State
who needs heating oil now but cannot af-
ford it--and does not qualify for any pub-
lic assistance at all.
It is a disabled husband with a wife
and four children who has no money at
all to pay for heat.
These examples are not fantasies. They
are actual cases handled by the, energy
office in Maine.
The problem of high fuel costs, how-
ever, is not restricted to one State or one
region. Recently, my Subcommittee on
Intergovernmental Relations surveyed
the directors of State energy offices
throughout the Nation.
While the results of that survey ar not
yet complete, one thing is clear? that
most State energy officials believe the
high price of fuel to be the most serious
problem their States will face this whiter.
Under the provisions of the amend-
ment I had hoped to offer, the Federal
Government would have as.isted States
that developed programs to provide heat-
ing assistance to families whose annual
incomes are $8,000 or less. Funds would
have been apportioned among the States
according to the number of families in
each State earning $8,000 or less and the
State's relative temperature.
Mr. President, I am distressed that he
administration's intransigence on the
standby authorities bill has ended all
hope that my proposal will be enacted in
this session. I intend to reintroduce it
when Congress returns next month.
OCCUPATION OF VACANT SU/TES
Mr. ROBERT C. BYRD. Mr. Presi-
dent, on behalf of Mr. CANNON, I ask
unanimous consent that there be printed
In the RECORD a letter dated December
18, 1974. written to all Senators by Mr.
CANNON, calling attention to the need
for quick decisions by Senators with re-
spect to the occupation of vacant suites.
There being no objection, the letter
was ordered to be printed in the RECOaD.
as follows:
SEYATE,
Washington, D.C., December 18, 1974.
Attention: Administrative Assistant.
DEAR : Since I wrote you on Decem-
ber 2 about the urgent need for quick de-
December 1-8, 1924
oisions by Senators when their names are
reached on the seniority list regarding
whether they wish to move into the vacant,
suites, the Rules Committee staff has (as of
yesterday) obtained decisions from 37
Senators, three of whom chose to move.
This represents excellent cooperation by
the Senators concerned, but it is imperative
that the process continue during the Im-
pending recess, even though Senators will
be away from their offices.
I hope every Senator will direct his Ad-
ministrative Assistant or other senior stall'
member present in the office to call the Sen-
ator by telephone to settle the question re-
garding a possible move when his name is
reached on the seniority list.
The Rules Committee staff will notify
each Senator's office at least a day or so be-
fore his name will probably be reached so
that the Senator's staff can look over the
then-existing vacancies to eliminate the
ones least desirable to the Senator, thus
making it easier for a quick decision to be
made when the Senator's name comes up.
As I said in my earlier letter, eleven new
Senators must be given temporary suites
(effective January 3 in all cases except for
those who are sworn in earlier roecause of
resignation by incumbents). All eleven will
work under difficult circumstances until the
permanent assignment of suites can be com-
pleted.
We are making a strenuous effort to com-
plete this process much earlier than has
been the case in past years and if we are to
succeed, the fullest cooperation by all Sen-
ators will be necessary. / earnestly hope that
most Senators will find it possible to make
the decision in an hour or so rather than
taking the maximum twenty-four hours al-
lotted for such decisions.
I suggest that before you leave for the
recess you designate the staff member au-
thorized to act for you, or to telephone you
for your own decision, and ask him or her to
telephone the Rules Committee staff at
224-6362 NOW to leave his or her name and
office and home telephone numbers.
With all best wishes,
Sincerely,
HOWARD W. CANNON,
Chairman.
(Senate Proceedings of Today Will Be Continued in the Next issue of the Record)
ORDER FOR ADJOURNMENT TO
8:30 TOMORROW
Mr ROBERT C. BYRD. Mr. President,
I ask unanimous consent that when the
Senate completes its business today, it
stand in adjournment until the hour of
8:30 a.m. tomorrow.
The PRESIDING OFFICER. Without
objection, it is so ordered.
ORDER VACATING ORDERS FOR
RECOGNITION OF SENATORS PRE-
VIOUSLY ENTERED
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that orders for
the recognition of Senators previously
entered be vacated.
The PRESIDING OFFICER. Without
objection, it is so ordered.
ORDER FOR RECOGNITION OF SEN-
ATOR HUGH SCOTT AND SENATOR
ROBERT C. BYRD TOMORROW
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that on tomor-
row after the two leaders or their desig-
nees are recognized under the standing
order, Mr. HUGH Surer, of Pennsylvania,
be recognized for not to exceed 15 min -
utes, and that I be recognized then for
not to exceed 15 minutes.
The PRESIDING OFFICER. Withote
objection, it is so ordered.
ORDER FOR THE CONSIDERATION
OF URGENT SUPPLEMENTAL AP-
PROPRIATIONS BILL, 1975; HOUSE
JOINT RESOLUTION 1180
Mr. ROBERT C. BYRD. Mr. Pr-esident,
I ask unanimous consent that upon the
completion of those two orders tomorrow,
the Senate proceed to the consideration
of the urgent supplemental appropria-
tion bill.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President,
I inggest the absence of a quorum.
Me clerk will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
ORDER FOR THE SECRETARY OF
THE SENATE TO RECEIVE MES-
SAGES FROM THE PRESIDENT OF
THE UNITED STATES DURING AD-
JOURNMENT UNTIL TOMORROW
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the Secre-
tary of the Senate be authorized to re-
ceive messages from the President of the
United States during adjournment over
until tomorrow.
The PRESIDING OFFICER. Without
objection, it Is so ordered.
ORDER FOR COMMITTEE TO HAVE
UNTIL MIDNIGHT TONIGHT TO
FILE CONFERENCE REPORTS
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the Pi-
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December 18, 19 74 CONGRESSIONAL RECORD?SENATE
nance Committee be authorized to have
until midnight tonight to file conference
reports.
The PRESIDING OrriCER. Without
objection, it is so ordered.
PRIVILEGE OF THE FLOOR TOMOR-
ROW DURING SWEARING-IN
CEREMONIES OF THE VICE PRES-
IDENT
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that no clerks
or aides to Senators have the privilege
of the floor during the swearing-in cere-
mony of Mr. Rockefeller tomorrow, and
that only the secretary to the majority,
the secretary to the minority, the as-
sistant to the secretary to the majority,
the assistant to the secretary to the mi-
nority, the two members of the Demo-
cratic policy staff, the Parliamentarian.
the Assistant Secretary of the Senate,
the Sergeant at Arms, the Deputy Ser-
geant at Arms, and the Administrative
Assistant to the Sergeant at Arms have
the privilege of the floor during that
ceremony.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD subsequently
said: Mr. President, in attempting to des-
ignate those persons who will have the,
privilege of the floor tomorrow, I have
inadvertently overlooked two or three.
I ask unanimous consent that the three
aides to the Sergeant at Arms be in-
cluded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. I ask unani-
mous consent that the aide to Mr. SCOTI
and the aide to Mr. GR/FFIN be included.
The PRESIDING OFFICER. Without
objection, it is so ordered.
QUORUM CALL
Mr. ROBERT C. BYRD. Mr. President,
I suggest the absence of a quorum.
The PRESIDING GETWER. The clerk
will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING Or.r.ICER. Without
objection, it is so ordered.
ORDER FOR THE SWEARING-IN
CEREMONY OF THE VICE PRESI-
DENT TOMORROW TO BE IN EXEC-
UTIVE SESSION
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the swear-
ing-in ceremony tomorrow be in execu-
tive session.
The PRESIDING Merit:Ea. Without
objection, it is so ordered.
AUTHORIZATION TO SUBMIT CLO-
TURE MOTIONS ON CONFERENCE
REPORTS
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent, with reference
to the conference report on H.R. 10710,
the Trade Act, that at any time that
conference report is at the desk, it be in
order to offer a cloture motion thereon;
provided further that if such cloture
motion is offered, the Senate then pro-
ceed to vote on the motion to invoke
cloture 1 hour after the cloture motion
Is introduced, with the usual required
quorum call intervening.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President,
I make the same request with respect to
the conference report on the social
services bill, H.R. 17045, and
I make the same request with respect
to the conference report on H.R. 421,.
the tariff schedules amendments.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President,
do I correctly state the situation with
respect to any one of these three con-
ference reports I have just enumerated,
that situation being as follows: That at
any time a conference report on any
one of the three measures is at the desk,
it would be in order to offer a cloture
motion on that conference report; and
that, one hour after the cloture motion
has been stated by the clerk, the clerk
will call the roll to establish the presence
of' a quorum; that, following the estab-
lishment of a quorum, a mandatory roll-
call vote will occur on the motion to in-
voke cloture?
The PRESIDING OFFICER. Accord-
ing to the unanimous-consent agreement,
that would be the procedure.
Mr. ROBERT C. BYRD. That would be
the procedure with respect to the confer-
ence reports on each of the three meas-
ures: H.R. 10710, H.R. 17045, and H.R.
421?
The PRESIDING OFFICER. The
Senator is correct.
Mr. ROBERT C. BYRD. I thank the
Chair.
Mr. President, I want to be sure
that it is understood that any cloture
motion to any of the bills that I have
just enumerated?the three in par-
ticular?would cover not only the con-
ference report but also any amendments
in disagreement. I make that request.
The PRESIDING OFFICER. Without
objection, that will be considered the
order.
AUTHORIZATION FOR SENATORS
TO INSERT STATEMENTS IN THE
RECORD TOMORROW
Mr. ROBERT C. BYRD. Mr. President,
I apologize to Senators who had asked
for orders to speak tomorrow morning.
I ask unanimous consent that they be
permitted at any time during the day
tomorrow to insert their statements in
the RECORD as though read.
The PRESIDING OFFICER. Without
objection, it is so ordered.
PROGRAM
Mr. ROBERT C. BYRD. Mr. President,
the Senate will convene at the hour of
8:30 tomorrow morning.
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Mr. SCOTT will be recognized for 15
minutes, the junior Senator from West
Virginia will be recognized for 15 min-
utes, and at about 9 a.m. the Senate will
proceed to the consideration of the
urgent supplemental appropriations bill
under a time agreement of 40 minutes to
be equally divided.
ORDER FOR TIME LEVIITATION ON URGENT
SUPPLEMENTAL APPROPRIATIONS BILL
Mr. President, I ask unanimous con-
sent that there be a time limitation on
any amendment to the urgent supple-
mental appropriations bill of 20 minutes,
to be equally divided?and the same with
respect to any debatable motion or ap-
peal, reduced to one-half.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President,
after the time for the supplemental has
run, the Senate will proceed to the con-
sideration of the continuing resolution
under a time agreement, and after the
time on that measure has expired, the
Senate will take up the Eximbank amend-
ment conference report under a time
There will be no rollcall votes prior to
the hour of 12:30 p.m. tomorrow, but
any rollcalls that are ordered prior to
that time will be stacked up back to back
beginning at 12:30 p.m., with the first
rollcall vote being a 15-minute rollcall
and all other rollcall votes being limited
to 10 minutes each.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. There are
other conference reports that will be
called up tomorrow. I am not in a posi-
tion at this time to state what conference
reports will be called up, but I under-
stand that there is a good likelihood that
the conference reports that are under
the jurisdiction of the Finance Com-
mittee will be ready to be called up to-
morrow.
ORDER TO RECESS THE SENATE FOR AT LEAST
1 HOUR TOMORROW
Mr. President, I ask unanimous con-
sent, upon receipt of information from
the other body tomorrow that the nomi-
nation of Mr. Rockefeller has been con-
firmed, that it be in order for me to se-
cure recognition at that time for the
Purpose of recessing the Senate for at
least 1 hour for security reasons, after
which the swearing in ceremony will pro-
ceed.
The PRESIDING OFFICER. Without
objection, it is so ordered.
ADJOURNMENT TO 8:30 A.M.
Mr. ROBERT C. BYRD. Mr. President,
there being no further business to come
before the Senate, I move, in accordance
with the previous order, that the Senate
stand in adjournment until the hour of
8:30 tomorrow morning.
The motion was agreed to; and at 8:20
p.m. the Senate adjourned until tomor-
row, Thursday, December 19, 1974, at
8:30 a.m.
CONFIRMATIONS
Executive nominations confirmed by
the Senate December 18, 1974:
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CONGRESSIONAL RECORD SENATE December 18, 197 C:
DEPARTMENT OE JUSTICE
D. Dwayne Keyes, of California, to be U.S.
attorney for the eastern district of California
for the term of 4 years.
Peter C. Dorsey, of Connecticut, to be
U.S. attorney for the district of Connecticut
ar the term of 4 years.
Frank X. Klein, Jr., of California, to be
I.S. marshal for the northern district of
'alifornia for the term of 4 years.
Kenneth M. Link, Sr., of Missouri, to .ae
IS, marshal for the eastern district of
,lissouri for the term of 4 years.
James H. Durham, Sr., of North Carolina,
10 be U.S. marshal for the eastern distri:it
(,1 North Carolina for the term of 4 years.
Jose A. Lopez, of Puerto Rico, to be U.3.
tarshal for the district of Puerto Rico for
ne term of 4 years.
Marshall F. Rousseau, of Texas, to be U.S.
marshal for the southern district of Texts
f3.1. the term of 4 years.
Irvin W. Humphreys, of West Virginia, to
be U.S. marshal for the southern district cf
West Virginia for the term of 4 years.
William E. Amos, of Maryland, to be a
member of the Board of Parole for the term
tpiring September 30, 1980.
George J. Reed, of Oregon, to be a mem-
ber of the Board of Parole for the term
expiring September 30, 1980.
AMERICAN REVOLUTION 13/CENTENNIAL
ADMTNISIRATION
Marjorie W. Lynch of Washington, to be
Deputy Administrator of the American
Revolution Bicentennial Administratic n.
COMMISSION ON CIVIL RIGHTS
Murray Saltzman, of Indiana, to be a
member of the Commission cn Civil Rights.
FEDERAL COUNCIL ON T/1E AGING
Selden G. Hill, of Florida, to be a member
of the Federal Council on the Aging for a
term of 2 years.
NATIONAL COMMISSION ON LIBRARIES AND
INFORMATION SCIENCE
The following-named persons to be mem-
bers of the National Commission on Libraries
and Information Science for terms expiring
July 19. 1979:
Joseph Becker, of California. '
Carlos A. Cuadra, of California.
John E. Velde, Jr., of Illinois.
NATIONAL COUNCIL ON ED UCATIONAL
RESEARCH
The following-named persor s to be mem-
bers of the National Council on Educational
Research for terms expiring June 11, 1977:
Larry A. Karlson, of Washington.
Arthur M. Lee, of Arizona.
James Gardner March, of Cal tornia.
Carl H. Pforzheimer, Jr., of New York,
Wilson C. Riles, of California.
NATIONAL SCIENCE FOUNDATION
itobert E. Hughes, of New York, to be an,
Assistant Director of the National Science
Foundation.
RAILROAD RETIREMENT BOARD
Neil P. Speirs, of Illinois, to be a member
of the Railroad Retirement Board for the
term of 5 years from August 29, 1974.
(The above nominations were approved
subject to the nominees' commitment to re-
spond to requests to appear and testify be-
fore any duly constituted committee of the
Senate.)
THE JUDICIARY
Donald D. Alsop, of Minnesota, to be U.S.
district judge for the district of Minnesota.
Joel M. Plaum, of Illinois, to be U.S. dis-
trict judge for the northern district of Illi-
nois.
John P. Gerry, of New Jersey, to be U.S
district judge for the district of New Jersey.
Edward N. Cahn, of Pennsylvania, to be
U.S. district judge for the eastern district ef
Pennsylvania.
Juan R.. Torruella del Valle, of Puerto Rico.
to be U.S. district judge for the district of
Puerto Rico.
James M. Fitzgerald, of Alaska, to be IL&
district judge for the district of Alaska.
James P. Churchill, of Michigan, to be U.S.
district judge for the eastern district of
Michigan.
H. Dale Cook, of Oklahoma, to be U.S. dis-
trict judge for the northern, eastern, and
western districts of Oklahoma.
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