STATEMENTS ON INTRODUCTED BILLS AND JOINT RESOLUTIONS

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B00858R000400480019-0
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• Document Creation Date: December 22, 2016
• Document Release Date: March 15, 2011
• Sequence Number: 19
• Publication Date: August 14, 1986
• Content Type: OPEN SOURCE

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August 14, 1986
CONGRESSIONAL RECORD SENATE
the county and State committees shall be in
addition to the number of members of such
committee, herein before specified. The Sec-
retary shall make such regulations as are
necessary relating to the selection and exer-
cise of the functions of the respective com-
mittees, and to the administration, through
such committees, of such programs. In car-
rying out the provisions of this section, the
Secretary shall, as far as practicable, pro-
tect the interests of tenants and sharecrop-
pers; is authorized to utilize the agricultural
extension service and other approved agen-
cies; shall accord such recognition and en-
couragement to producer-owned and pro-
ducer-controlled cooperative associations as
will be in harmony with the policy toward
cooperative associations set forth in existing
Acts of Congress and as will tend to pro-
mote efficient methods of marketing and
distribution; shall not have power to acquire
any land or any right of interest therein;
shall, in every practicable manner, protect
the interests of small producers; and shall in
every practical way encourage and provide
for soil-conserving and soil-rebuilding prac-
tices rather than the growing of soil-deplet-
ing crops. Rules and regulations governing
payments or grants under this subsection
shall be as simple and direct as possible,
and, wherever practicable, they shall be
classified on two bases: (a) Soil-depleting
crop and practices, (b) soil-building crops
and practices.
? , ? .~
EXECUTIVE REPORTS OF
COMMITTEES
The following executive reports of
committees were submitted:
By Mr. THURMOND, from the Commit-
tee on the Judiciary:
William H. Rehnquist, of Virginia, to be
Chief Justice of the United States; and
Antonin Scalia, of Virginia, to be an Asso-
ciate Justice of the Supreme Court of the
United States.
By Mr. MURKOWSKI, from the Commit-
tee on Veterans' Affairs:
Thomas E. Harvey, of the District of Co-
lumbia, to be Deputy Administrator of Vet-
erans' Affairs.
INTRODUCTION OF BILLS AND
JOINT RESOLUTIONS
The following bills and joint resolu-
tions were introduced, read the first
and second time by unanimous con-
sent, and referred as indicated:
By Mr. COHEN (for himself and Mr.
LEVIN):
S. 2756. A bill to amend title 5 of the
United States Code, to ensure privacy, integ-
rity, and verification of data disclosed for
computer matching, to establish Data Integ-
rity Boards within Federal agencies, and for
other purposes; to the Committee on Gov-
ernmental Affairs.
By Mr. SIMON:
S. 2757. A bill to amend the Public Health
Service Act to establish school-based adoles-
cent health services demonstration projects;
to the Committee on Labor and Human Re-
sources.
By Mrs. HAWKINS (for herself, Mr.
LAXALT, and Mr. HECHT):
S. 2758. A bill to authorize the exchange
of certain lands in the States of Nevada and
Florida; to the Committee on Energy and
Natural Resources.
By Mr. MATHIAS from the Commit-
tee on Rules and Administration:
S. 2759. An original bill relating to tele-
phone services for Senators; placed on the
calendar
By Mr. DANFORTH from the Com-
mittee on Commerce, Science, and
Transportation:
S. 2760. An original bill to regulate inter-
state commerce by providing for a uniform
product liability law, and for other pur-
poses; placed on the calendar.
By Mr. MOYNIHAN:
S. 2761. A bill to amend the Tariff Sched-
ules of the United States to temporarily sus-
pend the duties imposed on doll wig yarns;
to the Committee on Finance.
By Mr. GRASSLEY:
S. 2762. A bill to amend the Job Training
Partnership Act to establish a Literacy
Training Demonstration Program to serve
individuals most in need of literacy skills
who are not presently being served; to the
Committee on Labor and Human Resources.
By Mr. MURKOWSKI:
S. 2763. A bill to amend the International
Claims Settlement Act of 1949 to provide
that the value of claims be based on the fair
market value of the property taken; to the
Committee on Foreign Relations.
By Mr. DECONCINI (for himself, Mr.
D'AMATO, Mr. CHILES. Mr. MoYNI-
HAN, Mrs. HAwKINS, and Mr. DIXON):
S. 2764. A bill to authorize appropriations
for fiscal year 1987 for increased activities
to interdict and control drug trafficking and
to control drug abuse, and for other pur-
poses; to the Committee on Finance.
By Mr. LEAHY (for himelf, Mr. STAF-
FORD. Mr. CHArEE, Mr. MITCHELL, Mr.
ROTH, and Mr. DunzNBERGER):
S.J. Res. 399. Joint resolution making a re-
payable advance to the Hazardous Sub-
stance Response Trust Fund: to the Com-
mittee on Appropriations.
By Mr. D'AMATO (for himself, Mrs.
HAWKINS, Mr. DECONCINI, and Mr.
MOYNIHAN)'
S.J. Res. 400. Joint resolution designating
the month of September 1986 as "National
Back to School-Back Off Drugs Month"; to
the Committee on the Judiciary.
By Mr. GORE (for himself, Mr.
QUAYLE, Mr. MOYNIHAN, Mr. KENNE-
DY, Mr. BURDICK, Mr. HOLLINGS, Mr.
DIXON, Mr. SASSER, Mr. ZORINSKY.
Mr. SIMON, Mr. SPECTER, Mr. STEN-
NIs, Mr. LAUTENBERG, Mr. DECONCINI,
Mr. BoscHWITz, Mr. CHILES, Mr.
CHAFER, and Mr. HATCH):
S.J. Res. 401. Joint resolution to designate
the week of October 12, 1986, through Octo-
ber 18, 1986, as National Job Skills Week";
to the Committee on the Judiciary.
SUBMISSION OF CONCURRENT
AND SENATE RESOLUTIONS
The following concurrent resolutions
and Senate resolutions were read, and
referred (or acted upon), as indicated:
By Mr. DOLE (for himself and Mr.
BYRD):
S. Res. 480. Resolution to provide for issu-
ance of a summons and for related proce-
dures concerning the articles of impeach-
ment against Harry E. Claiborne; considered
and agreed to.
By Mr. DOLE (for himself and Mr.
BYRD):
S. Res. 481. Resolution to provide for the
appointment of a committee to receive and
to report evidence with respect to articles of
impeachment against Harry E. Claiborne;
considered and agreed to.
S 11745
STATEMENTS ON INTRODUCED
BILLS-AND JOINT RESOLUTIONS
COHEN (for himself and
VIN):
bill to amend title 5 of the
es Code to ensure privacy,
intZgritj,-and verification of data dis-
closed for computer matching, to es-
tablish Data Integrity Boards within
Federal agencies, and for other pur-
poses; to the Committee on Govern-
mental Affairs.
COMPUTER MATCHING AND PRIVACY PROTECTION
ACT
Mr. COHEN. Mr. President, today I
am introducing the Computer Match-
ing and Privacy Protection Act of 1986
to ensure that the Government ade-
quately respects the rights of individ-
ual citizens when conducting computer
matching programs. I am pleased that
Senator LEVIN is joining me as a co-
sponsor of this legislation.
Over the past few years, I have
become increasingly concerned over
the widespread use of computer
matching by Federal and State gov-
ernment agencies. In matching pro-
grams, agencies routinely exchange
and cross-check information from two
or more data bases to find individuals
common to both. Most often, match-
ing programs are performed to detect
fraud, abuse, or overpayments in Gov-
ernment programs. The Department
of Education has, for example, cross-
checked its lists of delinquent student
loans with lists of Federal employees
to determine whether any student
loan defaulters work for the Federal
Government, and soon each State
agency administering AFDC, food
stamp, and other welfare benefit pro-
grams will be matching their lists of
applicants and recipients with Internal
Revenue Service files to search for un-
reported assets or earnings. A single
matching program could exchange the
records of thousands of citizens at one
time.
Although most citizens do not even
know what computer matching is, the
expansion of matching programs over
the past few years has been stagger-
ing. The Office of Technology Assess-
ment recently estimated that the
number of computer matches per-
formed by the Federal Government
tripled between 1980 and 1984, with
over 2 billion separate records being
exchanged during this period. Many of
these matches involved very personal
information, such as income and em-
ployment data, on individual citizens.
Mr. President, the Federal Govern-
ment would be remiss if it did not take
full advantage of advanced technology
to ensure that it is spending tax dol-
lars wisely. In many instances, com-
puter matching is a useful, efficient
tool to protect the integrity of Gov-
ernment programs. In our pursuit of
efficiency, however, we cannot become
insensitive to the fundamental rights
of our citizens. What is today seen as
an ally against fraud and waste could
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S 11746 CONGRESSIONAL RECORD - SENATE August 14, 1986
grow into an enemy of the very liber- been completed. The agreements must S. 2756
ties that we profess to cherish most. also include certain prohibitions on Be it enacted by the Senate and House of
Computer matching programs, what agencies can do with data used in Representatives of the United States of
unless properly conducted and con- matching, such as prohibitions on re- America in Congress assembled,
trolled, can pose serious threats to the disclosing the information and creat- SECTION 1. SHORT TITLE.
privacy and due process rights of indi- ing new, permanent files about per. This Act may be cited as the "Computer
viduals whose records are matched. sons who are identified as "hits" in Matching and Privacy Protection Act of
Since 1982, the Subcommittee on computer matches. These agreements 1986".
Oversight of Government Manage- will force agencies participating in SEC. 2. MATCHING AGREEMENTS.
ment, which I chair, has extensively matches to establish and observe basic (a) IN GENERAL.-Subsection (b) of section
investigated computer matching by safeguards on information that they 552a of title 5, United States Code, is
Government agencies. The subcommit- exchange. The agreements will also amended-
tee's hearings and investigation re (1) by striking out "or" at the end of Para-
's tremendous potential for abuse provide an important audit trail of graph (11),
vealed
computer matching matches are performed, thus fa- (2) by striking out the period at the end of
g programs be- cilitating oversight of matching by the paragraph (12) and inserting in lieu thereof
cause there are no mandatory rules Office of Management and Budget, "; or", and
for agencies to follow when perform- the Congress, and agencies themselves. (3) by adding at the end thereof the fol-
ing matches, little protection for the lowing new paragraph:
persons whose records are matched, My legislation also remedies the lack "(13) to a matching agency or a non-Fed-
and little oversight of how these pro- of attention paid to the privacy impli- eral matching entity pursuant to a written
grams are conducted. cations of matches by establishing matching agreement under subsection (o) of
In matching programs, individuals Data Integrity Boards in each agency this section.".
can have crucial government benefits subject to the Privacy Act of 1974. (b) MATCHING AGREEMENTS.-Section 552a
reduced or terminated solely on the These Boards, which would consist of of title 5, United States Code, is amended-
basis of unverified information pro- senior officials and staff, would serve (1) by redesignating subsections (o), (p), duced by a computer match-informa- as the principal policymakers and and s (q) pectively, as and subsections (p), (q), and (r), re-
tion that can be out-of-date, mislead- overseers of the agency's implementa- (2) by inserting after subsection (n) the
ing, or just plain wrong. Citizens can tion of the Privacy Act. In addition to following new subsection:
be-and have been in the past-placed advising agency personnel on privacy "(0) MATCHING AGREEMENTS.-At least 30
in the difficult position of having to issues, the boards are given responsi- days prior to disclosing any record to a
defend themselves against information bility to review, approve, and maintain matching agency or non-Federal matching
that has never even been reviewed by the matching agreements required by entity for use in a computer matching pro-
a human being for its accuracy. this act, and to annually review all gram or front-end eligibility verification
Anyone who has ever done battle with matches in which the agency has par- program, a source agency and the matching
a computer for a billing error or some ticipated. Those boards, which are enter no -Federal matching entity shall
enteer r i nt to awritten agreement specifying-
other problem knows how frustrating modeled after the Department of De- "(1) the Justification, purpose, and legal
it can be to prove that the computer fense's Defense Privacy Board, should authority for conducting the program;
made a mistake. Much more than enhance privacy as a priority of each "(2) a description of the records that will
simple frustration is at stake when es- agency. be matched, including the data elements
sential Government assistance, such as Finally, my legislation ensures basic that will be used, the number of records
AFDC or food stamps, can be cut off due process protections of individuals starting that will and matched, and the projected-
because of faulty computer matching whose records are matched. Specifical- and completion dates of the mtch
result8. ing program;
ly, it prohibits agencies from reducing, "(3) that individuals whose records are
There is now very little oversight of suspending, or terminating Federal fi- matched will be notified of such matching
matching programs to determine how nancial assistance on the basis infor- program or front-end eligibility verification
they are being conducted. Without mation produced by a matching pro- program and the procedures for providing
vigilant oversight and strict proce- gram without first verifying the infor- such notice;
dures for agencies to follow, the pow- mation for accuracy, providing notice "(4) that information produced by match-
erful tool of the computer can be to the individual involved, and provid- ~g programs or front-bed er fiedity derife
easily abused. Unchecked disclosures ing individuals with an opportunity to method p such will tiverified and the
and exchanges of of f such verification;
personal records refute the information produced by "(5) that records created by such program
could result in "fishing expeditions" the computer match. These basic ele- shall be retained only so long as an investi-
by overzealous government officials ments are not only principles of fair- gation, either criminal or administrative, is
who may be insensitive to the privacy ness, but are also good management active, and procedures for destroying such
and confidentiality rights of citizens, practices for agencies to follow. records created by the program;
Loose oversight and matching require- Mr. President, we cannot-nor would (6) safeguards to ensure administrative,
ments could also expose sensitive per. technical, and physical security of the
sonal records to computer security we want to-reverse the trends of com- records matched and the results of such
puterization in our society. We must, programs;
risks or other abuses of data.
The legislation I am introducing however, pay adequate attention to "(7) prohibitions on the duplication or re-
today attempts to strike the proper the individual's side of the equation disclosure of records provided by the source
when reducing fraud in Government. agency within or outside the matching
balance between the legitimate needs We must take care not to allow the agency or non-Federal matching entity con-
of government efficiency and personal beast of technology to overtake the ducting the matching program or front-end
privacy. eligibility verification program, unless au-
First, the bill requires Federal agen- values of our democracy. thorized by the source agency;
cies to enter into written agreements I look forward to working with Gov- "(8) prohibitions on the extraction or
before disclosing records for use in ernment managers and citizen groups compilation of data on individuals who are
matching programs. These written in developing this legislation to strike not identified as a result of the matching
agreements are required for matching the most appropriate balance between program or front-end eligibility verification
programs between Federal agencies or Government efficiency and personal program;
11 privacy. (9) terms and conditions governing the
between Federal and State govern- use of the records provided d by the source
ment agencies. The legislation speci- I ask unanimous consent that the agency for use in a matching program or
fies several elements that must be ad- text of the Computer Matching and front-end eligibility verification program,
dressed in these agreements, such as Privacy Protection Act of 1986 be such as procedures governing return to
procedures agencies must follow in se- printed in the RECORD at this point. source agency or destruction of records used
curing records used in matches and There being no objection, the bill in such program; and
ny nducted d e assess-
conditions governing return and de- was ordered to be printed in the "(10) that have been on reliabity
the of data after a match has RECORD, as follows: records that will be matched "ac on
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August 14, 1986 CONGRESSIONAL RECORD - SENATE
SEC. 3. NOTICE OF MATCHING PROGRAMS OR
FRONT-END ELIGIBILITY VERIFICA?
TION PROGRAMS.
(a) NOTICE IN FEDERAL REGISTER.-Subsec-
tion (e) of section 552a of title 5, United
States Code, is amended-
(1) by striking out "and" at the end of
paragraph (10),
(2) by striking out the period at the end of
paragraph (11) and inserting In lieu thereof
and", and
(3) by adding at the end thereof the fol-
lowing new paragraph:
"(12) with respect to any establishment or
revision of a matching program or front-end
eligibility verification program, at least 30
days prior to conducting such program, pub-
lish in the Federal Register notice of such
establishment or revision.".
(b) REPORT To CONGRESS AND OFFICE OF
MANAGEMENT AND BUDGET.-
(1) IN GENERAL.-Subsection (p) of section
552a of title 5, United States Code, as redes-
ignated by section 2(b)(1) of this Act, is
amended by striking out "system of
records" and inserting in lieu thereof
"system of records, matching program, or
front-end eligibility verification program".
(2) CLERICAL AMENDMENT.-The heading of
such subsection (p) is amended by inserting
"or Programs" after "systmes".
SEC. 4. DATA INTEGRITY BOARD.
Section 552a of title 5, United States Code,
as amended by section 2(b)(1) of this Act, Is
amended by adding at the end thereof the
following new subsection:
"(s)(1) DATA INTEGRITY BOARDS.-Every
agency shall establish a Data Integrity
Board to oversee and coordinate the agen-
cy's Implementation of this section.
"(2) Each Data Integrity Board shall con-
sist of senior officials designated by the
head of the agency, including the senior of-
ficial responsible for agency administration,
the senior official designated under section
3506(b) of title 44, United States Code, and
any senior official designated by the head of
the agency as responsible for implementa-
tion of this section.
"(3) Each Data Integrity Board shall per-
form the following functions:
"(A) serve as the principal policymaker
and overseer of the agency's implementa-
tion of this section;
"(B) develop, review, and coordinate priva-
cy training programs for the agency's per-
sonnel;
"(C) review, approve, and maintain all
written agreements for disclosure of agency
records for matching programs of front-end
eligibility verification programs to ensure
compliance with subsection (o), and all rele-
vant statutes, regulations, and guidelines;
"(D) annually review all matching pro-
grams and front-end eligibility verification
programs in which the agency has partici-
pated during the year, either as a source
agency or matching agency, to determine
compliance with applicable laws, regula-
tions, and agency agreements;
"(E) annually review all recurring match-
Ing programs in which the agency has par-
ticipated during the year, either as a source
agency or matching agency, continued justi-
fication for such disclosures, and compli-
ance with applicable laws, regulations, and
agency agreements;
"(F) compile an annual report to the head
of the agency, the Office of Management
and Budget, and the Congress on the
matches in which the agency has participat-
ed as a source agency or matching agency;
"(G) receive information on the accuracy
and reliability of records provided by the
source agency for use in matching programs
or front-end eligibility verification progams;
"(H) provide interpretation and guidance
to agency components and personnel on the
requirements of this secton: and
"(I) review agency recordkeeping and dis-
posal policies and practices to assure compli-
ance with this section.
"(4) Each Data Integrity Board shall
maintain such staff as necessary to carry
out Its functions specified by this subsec-
tion. Such staff includes persons designated
by the head of the agency as responsible for
implementation of this section.".
SEC. 5. VERIFICATION.
(a) IN GENERAL.-Notwithstanding any
other provision of law, in order to protect
any individual whose records are used in
matching programs or front-end eligibility
verification programs, no matching agency
or non-Federal matching entity may deny,
terminate, suspend, or reduce any Federal
financial assistance to such individual, or
take other adverse action against such indi-
vidual as a result of information produced
by such programs, until such agency or
entity has independently verified such in-
formation. Such independent verification
may be from third-party sources or the indi-
vidual whose records are matched.
(b) INDEPENDENT VERIFICATION.-Independ-
ent verification required by subsection (a) of
this section shall relate to-
(1) the amount of the asset or income in-
volved.
(2) whether such individual actually has
or had access to such asset or income for
such individual's own use, and
(3) the period or periods when the individ-
ual actually had such asset or income.
(C) OPPORTUNITY To REFUTE INFORMA-
TION.-Notwithstanding any other provision
of law, no matching agency or non-Federal
matching entity may deny, terminate, sus-
pend, or reduce any Federal financial assist-
ance to any individual described in subsec-
tion (a), or take other adverse action against
such individual as a result of information
produced by a matching program or a front-
end eligibility verification program, until
such agency or entity has provided such in-
dividual an opportunity to refute the infor-
mation produced by such program.
(d) NOTICE OF DECIsION.-Notwithstanding
any other provision of law, in all cases in-
volving denial, reduction, suspension, or ter-
mination of Federal financial assistance as a
result of information produced by a comput-
er matching program or front-end eligibility
verification program, an individual shall be
provided with notice of the findings of the
matching agency or non-Federal matching
entity made on the basis of verified infor-
mation, of the adverse action to be taken,
and information on the right to appear and
any opportunity for a hearing.
(e) SANCTIONS.-Nothwithstanding any
other provision of law, no source agency
may disclose any record or system of records
to a matching agency or non-Federal match-
ing entity for a matching program or front-
end eligibility verification program if such
source agency has reason to believe that the
requirements of this section and any match-
ing agreement entered into pursuant to sec-
tion 552a(o) of title 5, United States Code,
are not being met by such matching agency
or entity.
(f) DEFINITIONS.-For purposes of this sec-
tion-
(1) The terms "matching program",
"front-end eligibility verification program",
"matching agency", non-Federal matching
entity", "record", and "source agency" shall
have the meanings given to such terms by
section 522a(a) of title 5, United States
Code.
(2) The term "Federal financial assist-
ance" means any assistance provided
through a Federal grant, loan, or contract
of insurance or guaranty.
S 11747
SEC. 6. DEFINITIONS.
Subsection (a) of section 552a of title 5.
United States Code, is amended-
(1) by striking out "and" at the end of
paragraph (6),
(2) by striking out the period at the end of
paragraph (7) and inserting in lieu thereof a
semicolon, and
(3) by adding at the end thereof the fol-
lowing new paragraphs:
"(8) the term 'matching program' means
any computerized comparison of two or
more automated systems of records or a
system of records with a set of non-Federal
records to identify individuals common to
two or more of the systems of record or
unique to one of the systems or record, but
such term does not include-
"(A) matches done to produce a statistical
record; or
"(B) matches performed by an agency in
which no records or systems of records are
disclosed to other agencies or non-Federal
entities;
"(9) the term 'front-end eligibility verifica-
tion program' means the certification of ac-
curacy of information supplied by an appli-
cant for Federal financial assistance (as de-
fined in section 5(e)(2) of the Computer
Matching and Privacy Protection Act of
1986) by matching such information against
a computerized data base;
"(10) the term 'matching agency' means
the agency performing a matching program:
"(11) the term 'source agency' means the
agency which discloses records from a
system of record to be used in a matching
program or a front-end eligibility verifica-
tion program; and
"(12) the term 'non-Federal matching
entity' means any State or local govern-
ment, or agency thereof, which acts as a
matching or source agency for matching
programs or front-end eligibiity verification
programs involving Federal Government
data.".
By Mr. SIMON:
S. 2757. A bill to amend the Public
Health Service Act to establish school-
based adolescent health services dem-
onstration projects; to the Committee
on Labor and Human Resources.
SCHOOL-BASED ADOLESCENT HEALTH ACT
? Mr. SIMON. Mr. President, adoles-
cents are probably the most medically
underserved population in the coun-
try, and in low-income areas this is es-
pecially true. Illinois, Minnesota,
Maryland, and 13 other States have
made health care for youth a priority.
These States have supported the deci-
sion of local school boards to establish
health clinics providing a full range of
services in high schools.
Through school-based clinics these
States have had success in diagnosing
and addressing a range of health and
social problems of adolescents, such as
malnutrition, poor eyesight, handi-
caps, undiagnosed disease, and teen
pregnancy. About 50 such clinics exist
and about 60 more are in the works-
but many more than this are needed,
and those that exist need and deserve
our support. I am introducing a bill
which would amend the public Health
Service Act to establish school-based
adolescent health services demonstra-
tion projects. A similar bill has been
introduced in the House by Represent-
atives WAXMAN, MILLER, and ATKINS.
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