THE AMENDMENT WAS AGREED TO.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800070102-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 12, 2016
• Document Release Date: November 26, 2001
• Sequence Number: 102
• Publication Date: November 21, 1974
• Content Type: OPEN

.v VGn6UGT zJ, 1J
proved F RDPfM 4R000.800070102-7` 10955
and as - o her bod
w. ? ---y s "A" does not, contain any
fromIilinois. mission to revise, and extend her, re such general exemption section. It pro--
Mr- ERLENBORN. Mr. Chairman, as I marks
) vid
l
.
es so
ely for specific exemptiith
ons, w understand it, the purpose of the amend- Ms_ _ ABZUG. Mr- Chairman, we are only two of the specific ones we have,
inert" is to protect as - a
l
th
d
mp
e
e
ealing in this bill before u tdith
,,soay w file of the U.S, attorney or the solicitor the right to privacy and any exemption that -is prepared-in: anticipation of the from, the safeguard provisions, of this
bill must be the
e:.,cception rather th
,
b tha
ye wy, and that is for national
sec mad aa~ errfereerncrr~pvrpases?
I urge that we strike this gener
exemption for the CIA since the CIA's
sensitive records- and activities are
there are overwhelming societal inter amply protected by other provisions of
ests this bill.
e wou - o deny.
of What society are that the overwhelming
exemption interests protects unnecessarily to one group of individ-
which would justify an infringement on uals the privacy rights protected by this
individual liberty? bill.
Under other exemption provisions of . '
Mr. Chairman, I urge that my amend-
this bill, we have already protected from ment be adopted.
disclosure informat::on related to law en- Mr. GLIDE. Mr. Chairman, will the
forcement investigative matters and na gentlewoman yield?
tional security. Ms. ABZUG. Yes, I yield to the gen-
I have agreed to support such specific tleman from Maryland.
exemptions. But the general exemption 'Mr. GLIDE. I. want to commend the
as to, all records, regardless of what they gentlewoman for this amendment-
maintained; by the CIA,. goes too
contain, Certainly, there is no logic in gather-
. By allowing the CIA to exempt all
far: ing information, and regardless of its.
even those which
systems of records, sensitivity, putting it off bounds merely
we are un-
contain no sensitive data, because it happens to be stored within
individuals the
necessarily denying a particular agency.
by this bill and in
rights guaranteed -The gentlewoman's amendment makes
deed rights guaranteed by the Constitu a great deal of sense; and I certainly urge
tion. .
its adoption.
danger inherent in
There is grave Mr. KOCH- Mr. Chairman, will the
any such broad exemption. No.
granting. gentlewoman yield?
given a general license
agency should be Ms. ABZUG_.L yield to the gentleman:
to exempt any and all of its records or
from New York:.
.
record systems. Mr. KOCH. I also want to commend
e.exemptions on the
Rather than bas the gentlewoman from. New York, who
agency which maintains
functions of an has pointed out this particular defci-
, we should define exemptions, as
records ency of this legislation, which I hope
we tried. to in this bill will be corrected.
, in terms of the
sought to- be protected from
kind of data Mr. ,ERLENBORN. Mr. Chairman, I-
. We have done. this in sub-
disclosure rise in opposition to the amendment. .
(1 ) (1) and (2) of the
sections (k) and Mr. Chairman, there are many rea- :
sons why.I,would oppose this amend
If the records of the CIA contain sen- inent.
sitive material; these records will be pro- I think it isi quite obvious that the
tected from disclosure by the specific ctivities of the Central Intelligencep
exemptions already referred to, informa- gency are not the sort of activities that
tion related to either foreign policy or , re supposed to be conducted In a fish-
national defense or related to investiga- owl.
tory material which is being compiled for Let me make 'this 'one observation.
law enforcement purposes. nder this bill we are allowing any 1n-
W world rs,: th-6 b, dividual access to records that are main-
Tshed aprecedent by allowing an agency tanned by the Government relative to-
to :exempt itself entirely .from require- himself. In other words, any person, any,
ments that would protect and reenforce individual can go to the agency that is
the fundamental constitutional rights of subject ? to this act and say, "I want
privacy., copies of anything that you have relat-
By ,setting up a general exemption ing to me."
guaranteeing and allowing the CIA to In the committee we discussed
exempt even sensitive records from vir- whether we would extend this right to
tually every provision of the bill, the bill corporations. We decided we would not;
goes far beyond what is necessary to we would grant it only to individuals.
protect such records from disclosure. We did not limit this access to U.S.
Why should not the agency be required, Just sto p and think about this for a
for example, to keep records which are
accurate, timely, and relevant, wine
are renurements of this bill? Agency prepares and maintains files
Why should the agency be exempte relative a bar against maintaining politi
ive to people all over this country
who ar?e_our potential or actual enemies.
cal or religious data If other agencie.
'We are not limiting access, under? this
aw, citizens so that Chou En-lal or
are not, and why should individuals b law, rights to civil remedies and tour whoever it m
ight be could come over
.
review? h
here and knock at the door of the CIA
This is the effect of the "genera
and say, "Under the new privacy bill, I
exemption" section of the bill, whit
want to see all the fil
th
Mr. BUTLER. That is the subject we
have in mind.
Mr_ ERLENBORN.. I appreciate the
gentleman's concern. I think it is a real
concern, and that protection. ought to be
afforded.
The only problem. I find with, that
amendment is this: It would presuppose
we intended the defining of "record. sys-
tem" to preclude that type of record. I do
not think we did.
If these sorts of records are to be con-
sidered a record system under the act,
then the agency- would have to go
through all the formal proceedings of de-
fining the 'system, Its routine uses, and
publishing in the Federal Register.
Frankly, I..do-not think the attorney's
files that are collected in anticipation of
a lawsuit -should. be subject to, the ap
plicatton of. the act In any instance,
much less the. access provision. It, is our
concern in - the, access provision that it
may then-presuppose it is covered in the
other provisions, and.:I do not, think it
Mr. BUTLER.:. Mr.., Chairman; I share
the gentleman's . concern... When' this
amendment , was- originally drafted, it
stated "access to any. record" and we
struck the word, "record," and inserted
"information". . -
So we made it perfectly clear. we- were
not elevating an. investigation with the
word, `record,". to the status, of records.
cess would be~within the usual rules jof
Mr..ERLENBORN. Mr. Chairman if
the gentleman will yield further, it is lie
gentleman's contention, under his in er-
Mr. BUTLERThe gentleman Is cor-
rect." -
Mr. ERLENBORN.-I wonder 'if the
gentleman-would ask the gentleman from
Pennsylvania (Me. MOORHEAD) what his
opinion is concerning that just to clay
ify the record:
Mr. BUTLER. Mr. Chairman, IL will
yield to the gentleman' from- Pennsyl-
vania for that purpose.
Mr. MOORHEAD of Pennsylvania.
Mr. Chairman, I agree with the limita-
tion which has been placed on the
amendment by the gentleman. -
The CHAIRMAN pro tempore. The
question is on the amendment offered by
the gentleman from Virginia (Mr.
PUTLER)
_ I'he amendment. was agreed tof
APdENDMENT OFFERED BY MS. ABZU.
amendment. goes far beyond the "specific exemption
The Clerk r
d
f
l
ea
as
ol
ows:ti illi
seconn aowng agencies to disregar
Amendment offered by Ms. ADZUC: Page the safeguard provision
f th
s o
e bill
.
32, line 3,, strikes out, lines 3 and- 4. . I might tell the Members that th
Approved For Release 2002/01/02 CIA-RDP7
es
at you have
maintained concerning me."
I think this situation would be utterly
ridiculous. The amendment ought to fall
it
00144 rb65ib$b070102 7
 H 10956, f ? M# M~ NkCWJP~ 7itfl~4 0080007DSKOr 7nber 2 , 1974
i-ovecl'For
App
Ms. ABZUG. Mr. Chairman, will,. the Ms. ABZUG. Even if that were not so, sidered. But I think in this legislation we
gentleman yield? if an individual seeks access to his or her must take a step at a time in a delicate
-Mr. ERLENBORN. I yield to the gen- -records and the CIA makes a determina- field like that involving the Central In-
tlewoman from New York. tion or the agency makes a determina- telligence Agency.
Ms. ABZUG. Mr. Chairman, I just tion that access to those records would Let me explain to the Members that
want to refresh the recollection of the endanger our national security, then the the CIA is not entirely exempt under this
gentleman from Illinois about who is agency would have the right to assert bill. The agencies listed under general
covered under'this bill. We have a very that reason for not providing access to exemptions are affirmatively subject to
specific definition of individuals who are the information. the major disclosure and the require-
granted rights under this bill and I will All I am suggesting is that to single ment section of the act. The CIA must
quote from subsection (a) (2) -Such an out one agency and exempt all its rec- follow the conditions of disclosure, or I
individual "means a citizen of the United ords, just because it is this agency, is should say, nondisclosure, as enumerated
States or an alien lawfully admitted for quite contrary to what our purposes are, in subsection (b) of the bill. This is a
permanent residence." As far as I know and to-what our intentions are in this major provision of the bill with which
Chou En-Lai is not a citizen of the United bill. I might also mention that the legis- the Agency must be in compliance-with
State or an alien lawfully admitted for lation in the other body has only the what the Agency may or may not do with
permanent residence. This is just an- specific exemptions that I mentioned their records.
other big, big red herring. . before. A blanket exemption for any The CIA is also subject to subsection
Mr. ERLENBORN. Then maybe it agency-even or especially this one- (e) (2i (A) +1,
roug
is to say? The fact is, we ought not limit Mr. HOLIF.IELD. Mr. Chairman, le it r c uerar at least annually a
of
the United States to carrying on the me add that this agency is charged with notice of the existence and character
activities of the Central Tntelliaenre the .cecnrif. of tho TT?;+~- g;- ..,.1 each system of records. Thus, even under
.Agency, in such a way that its files are' tion to its foreign policy, and therefore 1 Y - 8ciicrar. exemption sections, they
1-f ,,.,.;e,.....,11..?1.....,. must do this.
Ventral intelligence Agency
move to strike the-last word, and I ris pie who are emissaries from those na- ainhe
ro
'2"'.,
a
s
Mr. Chairman, 1 realize that there ar behalf of other nations, and I just do not 1mainttain ain ~. ~ ed "by' the Ica. liluse systems
the CIA are primarily per-.
people in this country who have a area believe that anyone has the right. or- sonnel records. By statute the Central In-
antagonism to the CIA. I might say tha should have the right to go in and ex-
- -
_ r
loquy between the gentlewoman from
collection of information which happens r.UIV:S. Mr. Chairman, I would
New w Yorkad thtl f
.ne genemanrom Ilia-
to be favorable to their objectives. Many like to make a point of order, and I do Ned by the act.
times those objectives do not coincide so because I th nk this matter Is of such nois about page who is
line covered definitions:
On 21, 14, in
with the objectives of this country, so importance and such gravity that it
that we, likewise, in order to protect our- should not be disposed of by a handful The -term States "individual- means a citizen of
selves, are collecting information on of Members, and I note that there is not the United states or an alien lawfully ad-
matted for permanent residence
these people overseas, or the emmisaries a quorum present on the floor.
who come into this country if it deals Therefore, Mr. Chairman, I make the So, Mr._ Chairman, I urge the'defeat of
with the national security of the United point of order that a quorum is not pres- the amendment.
States. I believe that the better part of ent. Ms. ABZUG. Mr. Chairman, will the
valor right now is to leave this alone. . The CHAIRMAN. Evidently a quorum gentleman yield?
Ms. ABZUG. Mr. Chairman, will the is not present. The Chair announces that Mr. MOORHEAD of Pennsylvania. I
gentleman yield? he will vacate proceedings under the call yield to the gentlewoman from New
Mr.: HOLIFIELD. I yield to the gentle- when a quorum of the Committee ap- York.
woman from New York. pears. Ms. ABZUG. Mr. Chairman, I am very
just like .to refresh the recollection of
the gentleman from California, and
since he is my honorable chairman I
hesitate to do this, but, nevertheless, I
have pointed out that the bill provides
in section (k) (1) (2) for an exemption of
anything which would in any way affect
the national defense or foreign policy of
this Nation, so that any of the national
security or foreign policy records about
which the gentleman from California
has expressed some concern would be
amply covered. No information which in
any way affects the national security or
foreign policy of this Nation could, un-
der the specific provisions of section (k)
of this act, be made available.
My objection to this general blanket
exemption for the CIA is that there is
much information, and I am sure the
gentleman from California would agree
with this, that the CIA collects about
individuals that is totally unrelated to
the national security functions of the
CIA.
Members will record their presence by disappointed, that the gentleman from
electronic device. Pennsylvania has to rise in opposition
The call was taken by electronic de- to my amendment. I disagree with him.
vice. I think this exemption is really out of
QUO&UM CALL VACATED
The CHAIRMAN pro tempore (Mr.
McFALI.). One hundred and four Mem-
bers have appeared. A quorum of the
Committee of the Whole is present. Pur-
suant to rule XXIII, clause 2, further
proceedings under the call shall be con-
sidered as vacated.
The Committee will resume its bust-
ness.
The Chair recognizes the gentleman
from Pennsylvania (Mr. MoortHEAD).
(Mr. MOOR-HEAD of Pennsylvania
asked and was given. permission to re-
vise and extend. his remarks.)
Mr. MOORHEAD of Pennsylvania, Mr.
Chairman, I rise in opposition to the
amendment offered by the gentlewoman
from New York (Ms. Aszuc). I do so with
considerable regret, because of the great
,
a
a general e :-
contribution that the gentlewoman has emption doesn't deprive individuals of
made in the dre,fting of this legislation b" ?ht
rsr
line with the original purpose of the bill.
. I had no recollection, by the way, Mr.
Chairman, that the CIA ever requested
this exemption, certainly not since the.
bill was clarified to apply only to citizens
and permanent residents.
Although the gentleman has indicated
what provisions the CIA, as an agency,
might be subjected to, he has neglected
to mention the more significant and
meaningful provisions it will not he sub-
jected to as a result of having its general
exemption. I have already mentioned
some of those basic provisions, such as
the requirement of agencies to maintain
accurate, relevant, and timely date, and
I will not respect them all here.
There are many others such as this, so
I do not think it is fair, even though the
gentleman may oppose my amendment,
for him
to suggest th
t
.
c rr9 s provided by the act. In fact,
Mr. HOLIFIELD. I do not know that. The gentlewoman was one of the authors one very seriously deprived group of in-
I am not in possessio opr~a d~-"b pel~jSt~e2 r'1' '/D'~~yG1 l C 7t 191oU14#R@Q~oOD~0t#( earn whom the CIA
 .A ovember -21, 1974 CONGRESSIONAL RECQpRR~~ 0pUU~~FF~
A pC~ropve For ha Release 2002/01/02 : CIA-RDP77Mu'144R~00800070102-7 ~ 10957
may be keeping r! ids ee inch ve
nothing at all to do Let me just say once again that I am objectives of the bill. The provisions of
with the security of not talking in favor of opening up access the bill, particularly subsection (b), pro-
this Nation. to CIA's files with respect to matters of vides complete and adequate protection
Mr. ECKHARDT.' Mr. Chairman, I security, because the second exemption, against improper or injurious dissemina-
rise in favor of the amendment. the specific exemption provisions pro-- tion of information beyond the legitimate
Mr. Chairman, I should like to clar- vided for in this act, refers to 552(b) (1). uses of the Federal agencies maintaining
ify that other provisions of this bill fully That says that noting may be obtained them. My amendment in no way affects
take care of questions having to do with which the Executive order requires to be this laudable purpose, or those provisions
security. The bill provides two types of kept secret in the interest of national against disclosure which fully protect the
exemptions: First the general exemp- defense or foreign policy and an Execu- individual affected by prohibiting any
tion of agencies. In fact, only one tive Order 652 has been issued and to- improper use of investigatory material. .
agency is generally exempted, the Central tally, blanketly covers all such matters All that the amendment does is to pro-
Intelligence Agency. This is in sub- pertaining to national defense and for- tect the investigatory material from be-
section (j), "General Exemptions."- eign policy. ing raided by thousands and perhaps tens
But in (k), "Specific Exemptions," it The CHAIRMAN pro tempore (Mr. of thousands of persons for no legitimate
is provided on page 34, item (1) that the McFALL). The question is on the amend- purpose. I assure the Members that the
records within the agency are exempted ment offered by the gentlewoman from investigative materials would be raided
from this section if the system of rec- New York (Ms. ABZUG).
subver-
ords is, (1) subject to the provisions of The amendment was rejected. siives,ewhotwof , ould smerelyoseek lto ascer-
sectlOn 552(b).(1), of this title." AI~IENDMRNTOFFEREDBYMS.ICnORD tarn the extent of coverage and method
Now, 552(b) (1) of this title is found Mr. ICIIORD Mr. Chairman, I offer and adequacy of operation of our intelli-
in the present act, and what that says
an amendment. genre forces. This improper raiding of
is:
The Clerk read as follows: the investigatory files will be prohibited
This section does not apply to matte
is
Amendment, offered by Mr. lcxons: On by my amendment, but at the same time
that are, (1) bspecifically e kept Se required by Execu a individuals who have the legitimate need
five order to be kept secret in the interests p ba 34, strike lanes 7 through. li and insert
of the national defense or forei n the following In lieu thereof: ,' and purpose for the disclosure to them of
g n "(2) investigatory material compiled for the information is
Executive Order 652, issued on March law enforcement purposes, -other than mate- amendment provides that Preserven. The
8, 1972, and effective- on June 1, 1972, rial within the scope of subsection . any case
in , i .where an individuall is denied any right,'-..
exempts 37 ~ai;encies with r~snr rt to .11 of this fieOt1017: Provided. however- Tt if
matters having, to do with national de- any individual is denied any right, privilege,
Tenses or foreign policy. It includes, of or benefit that he- would otherwise be
titled by Federal law, or for which he would
uld
course, the CIA. It. includes the Atomic otherwise be eligible, as a result of the
Energy Commission. It includes the maintenance of such material, such mate-
State Department; it includes the De- rial shall be provided to such individual;
partinent of Defense; it includes the Jus- except to the extent-that the disclosure of
tice Department. such material would reveal the identity of a
source who rnished inforation to the
I cannot see, for the life of-me, why G
overnment under all express promise that
the CIA should be generally exempt from the identity of the source would be held in
all provisions having to do with access if confidence, or, prior to the effective date of
these other agencies, just as sensitive- this section, under an implied nrnmi- +5 +
,
ers
and that this
u auuivut, t.o vne cono-
deal with just as sensitive material in confidence." quy we had in general debate concerning
the area of national security as the CIA (Mr. ICIiOR.I:i asked and was given protection of dissenters under the first
does. The point is, though, if we genrr- permission to revise and extend his re- amendment; :is that correct , .
ally exempt the CIA from access, then marks.) Mr. ICHOIZD. The gentleman Is cor-
the CIA does not have to
come
t
ou and Mr. -ICHORD, Mr. Chairman, again I rec
. This is meant in no -way to harm
say that if they revealed the informa- wish t
the first amend
e
m
o commend the -gentleman from
nt rights of any Amer-
Lion, that they refuse access to, it would Pennsylvania (Mr. MOORiiEAD) and the ican.
affect national defense or foreign policy, gentleman froin. Illinois (Mr. ERLEN- Mr. MOORHEAD of Pennsylvania, Mr.
that it has to do with the security of the BORN), as well as the members of the Chairman, with that understanding, I
United States.. committee and the staff, for the very have no objection to the amendment.
I happen to know of a case in which superb job they have done in balancing The CHAIRMAN pro i tempore amend-
on employee of the CIA has been shab the rights of the individual against the meat offered b thetgentleman n on the amend
bily treated. I think the particular case rights of. society in general and protect- ment by the from Mis-
t
did net have to fin -M, securit
i
- _
,. ero,ri !T r< r ..
h
y t
nn
of
investi
at
g
or i aterial of investl- AMENDMENT OFFERED BY MR. CURE
But I shall not assert that as a fact here gating agencies such as the FBI from Mr. GLIDE, Mr. Chairman, I offer an
but as a hypothetical illustrating the evil -being raided-by thousands and perhaps amendment.
of giving the CIA complete exemption tens of thousands of persons for no legit- The Clerk read as follows:
from access provisions of this Act. The imate purpose.
CIA can come in and say at any time, I explained the amendment in den- line Amendment after then ero by sec GileE page 3G,
"This affects foreign affairs." But let us, eral debate, and, Mr. Chairman, the Ian- Period, insert the iol;owu7g:
at least, make them say that, because guage of this amendment has -been "(1) Es abl~ish ment of Commis on-
many people working for the CIA are worked out in conjunction with the man- "(A) There is established as an independ-
subject to exactly the same discrimina-. alters of the bill, the gentleman from ent agency of the executive branch of the
tions as those working for other agencies. Pennsylvania (Mr. MooRrscso) and the government the Federal Privacy Commission.
The CIA is going to be believed when gentleman from. Illinois (Mr. ERLEx_ (B) (1) ns The Commission shall be composed
they raise the contention that foreign BORN)., of five members who shall be appointed by _ and with the advice and
affairs are - affected, but at least let us - The purpose of this amendment. is to clone President, rt of the nate, from among members
make them come in and say it. Presum- protect our investigative agencies from of the public at large who, by reason of their
ably, there would be some reluctance to activities which I: do not believe is an knowledge and expertise in any of the fol-
lie about it. But if all they have to say exaggeration to s
l
i
h
ay m
g
t seriously im-
owing areas: civil rights and liberties, law,
is, "We are blanketly exempt from any pair if not destroy their function in social sciences, and computer, technology,
access -to the information which you carrying out their vital work, ? The business, and Ste and local government,
seek," we are absolutely protecting them amendment would both protect this work are wan d iqu hoftl Tonstrotherwise the officers or sion
,re in matters in which the grossest discrim- and, at the same time, do so consistently employees of the United States, Not more
ination could occur. - - with the nUnirimpnt. of fi
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For Release 2002/01/02: CIA-RDP77M00144R000800070102-7
wise be entitled by Federal law, as a re-
suit of the maintenance of such material,
he will be entitled to the,-.information,
to the extent, of course, that the identity
of confidential sources will be protected.
. Mr. MOORHEAD of Pennsylvania. Mr.
Chairman, will'the gentleman yield?
Mr. ICHOIZD. I yield to-the gentleman
from Pennsylvania.
Mr. MOORHEAD of Pennsylvania. Mr.
Chairman
I und
t