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Pub. Law 93-579

- 12.

December 31, 1974

88 STAT. 1907

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(ii) whether the Internal Revenue Service should be prohibited from transfering individually indentifiable data to other agencies and to agencies of State governments;

(iii) whether the Federal Government should be liable for general damages incurred by an individual as the result of a willful or intentional violation of the provisions of sections 532a (g) (1). (C) or (1)) of title 5, United States Code; and

(iv) whether and how the standards for security and confidentiality of records required under section 552a (c) (10) of such title should be applied wher a record is disclosed to a person other than an agency. (C) The Commission may study such other personal information activities necessary to carry out the congressional policy embodied in , this Act, except that the Coinmission shall not investigate information systems maintained by religious organizations. (3) In conducting such study, the Commission shall

(A) determine what laws, Executive orders, regulations, directives, and judicial decisions govern the activities under study and the extent to which they are consistent with the rights of privacy, due process of law, and other guarantees in the Constitution;

(B) deterining to what extent governmental and private information systems affect Federal-State relations or the principle of separation of powers;

(C) examine the standards and criteria governing programs, policies, and practices relating to the collection, soliciting, processing, use, access, integration, dissemination, and transmission of personal information; and

(D) to the maximum extent practicable, collect and utilize findings, reports, studies, hearing transcripts, and recommendations of governmental, legislative and private bodies, institutions, organizations, and individuals which pertain to the problems under study by the Commission. (d) In additior to its other functions the Commission may

(1) request assistance of the heads of appropriate departinents, agencies, and instrumentalities of the Federal Government, of State and local governments, and other persons in carrying out its functions under this Act;

(2) upon request, assist Federal agencies in complying with the requirements of section 552a of title 5, United States Code;

(3) determine what specific categories of information, the collection of which would violate an individual's right of privacy, should be prohibited by statute from collection by Federal agencies; and

(4) upon request, prepare model legislation for use by State and local governments in establishing procedures for handling, maintaining, and disseminating personal information at the State and local level and provide such technical assistance to State and local governments as they may require in the preparation and

implementation of such legislation. (e) (1) The Commission may, in carrying out its functions under this section, conduct such inspections, sit and act at such times and places, hold such hearings, take such testimony, require by subpena the attendance of such witnesses and the production of such books, records, papers, correspondence, and documents, administer such oaths, have such printirig and bindling done, anil make such expenditures as the Commission leems advisable. A subpena shall be issued only upon an affirmative vote of a majority of all members of the ('om

December 31, 1974

. 13.

Pub. Law 93-579

88 STAT. 1908

to Commission.

mission. Subpenas shall be issued under the signature of the Chairman or any member of the Commission designated by the Chairman and shall be served by any person designated by the Chairman or any such member. Any member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission.

(2) (A) Each department, agency, and instrumentality of the executive branch of the Government is authorized to furnish to the Coinmission, upon request made by the (Chairman, such information, data, reports and such other assistance as the Commission deems necessary to carry out its functions under this section. Whenever the head of Reports, any such department, agency, or instrumentality submits a report transmittal pursuant to section 5.12a (0) of title 5, United States (ode, a copy of such report shall be transmitted to the Commission.

Ante, p. 1897. (B) In carrying out its functions and exercising its powers under this section, the Commission may accept from any such department, a gener; independent instrumentality, or other person any individually indentifiable data if such data is necessary to carry out such powers and functions. In any case in which the Commission accepts any such information, it shall assure that the information is used only for the purpose for which it is provided, and upon completion of that purpose such information shall be destroyed or returned to such department, agency, independent instrumentality, or person from which it is obtained, as appropriate. (3) The Commission shall have the power to

(A) appoint and fix the compensation of an executive director, and such additional staff personnel as may be necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title re- 5 USC 5101, lating to classification and General Schedule pay rates, but at rates not in excess of the maximum rate for GS-18 of the General Schedule under section 5332 of such title; and

(B) procure temporary and intermittent services to the same extent as is anthorized by section 3109 of title 5, United States

Code. The Commission may delegate any of its functions to such personnel of the Commission as the Commission may designate and may authorize such successive redelegations of such functions as it may deem desirable. (1) The Commission is authorized

(A) to adopt, amend, and repeal rules and regulations govern- Rules and ing the manner of its operations, organization, and personnel; regulations.

(B) to enter into contracts or other arrangements or modifications thereof, with any government, any department, agency, or independent instrumentality of the United States, or with any person, firm, association, or corporation, and such contracts or other arrangements, or modifications thereof, may be entered into without legal consideration, without performance or other bonds, and without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C.5);

(C) to make advance, progress, and other payments which the Commission deems necessary under this Act without regard to the provisions of section 3648 of the Revised Statutes, as amended (31 U.S.C. 529); and

(D) to take such other action as may be necessary to carry out its functions under this section.

5331.

5 USC 5332 note.

Pub. Law 93-579

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December 31,

1974

88 STAT. 1909

Compensation.

Per diem.

5 USC 5332 note. Travel expenses.

Report to
President
and Congress.

Penalties.

(f)(1) Each (the) member of the Commission who an officer or employee of the United States shall serve without additional compensation, but shall continue to receive the salary of his regular position when engaged in the performance of the duties vested in the Commission.

(2) A member of the Commission other than one to whom paragraph (1) applies shall receive per diem at the maximum daily rate for GŚ–18 of the General Schedule when engaged in the actual performance of the duties vested in the Commission.

(3) All members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission.

(g) The Commission shall, from time to time, and in an annual report, report to the President and the Congress on its activities in carrying out the provisions of this section. The Commission shall make a final report to the President and to the Congress on its findings pursuant to the study required to be made under subsection (b)(i) of this section not later than two years from the date on which all of the members of the Commission are appointed. The Commission shall cease to exist thirty days after the date on which its final report is submitted to the President and the Congress.

(h) (1) Any member, officer, or employee of the Commission, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section, 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 willfully requests or obtains any record concerning an individual from the Commission under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000. Sec. 6. The Office of Management and Budget shall

(1) develop guidelines and regulations for the use of agencies in implementing the provisions of section 552a of title 5, United States Code, as added by section 3 of this Act; and

(2) provide continuing assistance to and oversight of the implementation of the provisions of such section by agencies. Sec. 7. (a) (1) It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number.

(2) the provisions of paragraph (1) of this subsection shall not apply with respect to

(A) any disclosure which is required by Federal statute, or

(B) the disclosure of a social security number to any Federal, State, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to

verify the identity of an individual. (b) Any Federal, State, or local government agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it.

5 USC 552a note.

Ante, p. 1897.

5 USC 552a note.

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88 STAT, 1910
Erfective date.
5 USC 552a
note,

SEC. 8. The provisions of this Act shall be effective on and after the date of enactment, except that the amendments made by sections 3 and 4 shall become effective 270 days following the day on which this Act is enacted.

Sec. 9. There is authorized to be appropriated to carry out the provisions of section 5 of this Act for fiscal years 1975, 1976, and 1977 the sum of $1,500,000, except that not more than $750,000 may be expended during any such fiscal year.

Approved December 31, 1974.

Appropriation.
5 USC 552a
note.

LEGISLATIVE HISTORY :

HOUSE REPORT No. 93-1416 accompanying H.R. 16373 (Comn!. on Government

Operations).
SENATE REPORT NO. 93-1183 (Comm. on Government Operations).
CONGRESSIONAL RECORD, Vol. 120 (1974):

Nov. 21, considered and passed Senate.
Dec. ll, considered and passed House, amended, in lieu of

H.R. 16373.
Dec. 17, Senate concurred in House amendment with amendments.

Dec. 18, house concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOC!M":TS, Vol. ll, No. 1:

Jan. 1, Presidential statement.

Ms. ABZUG. I am very pleased this morning to first call on George Bush, who is the Director of the Central Intelligence Agency, for his views on the subject matter of this hearing.

Mr. Bush, we are very pleased to have you here and to welcome you as the new Director of Central Intelligence. We wish you well in your new work and your new endeavor.

We would like you to take the oath before you commence your testimony.

Do you solemnly swear that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, so help you God?

STATEMENT OF GEORGE BUSH, DIRECTOR, CENTRAL INTELLI

GENCE AGENCY; ACCOMPANIED BY GEORGE L. CARY, LEGISLATIVE COUNSEL

Mr. Bush. I do.

Ms. ABZUG. Will you tell us by whom you are accompanied, Mr. Bush?

Mr. Bush. I am accompanied by Mr. George Cary, the Legislative Counsel of the Central Intelligence Agency.

Ms. Abzug. Does he intend to make any statements?

Mr. Bush. I will lean heavily on him because so much of this happened in the past that I would like very much to have it understood that he could be responsive to questions.

Ms. Abzug. Thank you. Would you raise your hand.

Do you swear that the testimony that you are about to give will be the whole truth and nothing but the truth, so help you God?

Mr. CARY. I do.
Ms. Abzug. Thank you very much.
Mr. STEIGER. Madam Chairwoman.
Ms. ABZUG. Mr. Steiger.

Mr. STEIGER. Before the Director proceeds, I would like to pose a parliamentary inquiry, if the Chair would permit.

Ms. ABZUG. By all means, Mr. Steiger.

Mr. STEIGER. I think we have a problem here, Madam Chairwoman. As I understand it, the chairperson is a leader in the organization known as the Women's Strike for Peace. This organization is in litigation now and the witness here is a defendant and the Chair is a plaintiff.

I would defer to my colleagues who are members of the bar, but if that is the case, it seems to me that we have an honest dilemma here and I wonder how we could best resolve it.

It is my understanding that the nature of the complaint deals with matters to be addressed by the chairlady now to the witness. If that is the case, I think we might have a problem.

Ms. Abzug. That is a very interesting point you have made. If you would care for my response to that, I am not a plaintiff in that suit as far as I know. As a matter of fact, I am not familiar with the suit.

I had, at a time prior to my having become a Member of Congress, been actively involved with the organization called Women's Strike for Peace. I was very proud to have been the legislative and political ac

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