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A recent press release by your Department announced that the
It would be most helpful if you would provide the subcommittee
APPENDIX 3.-JUNE 1, 1978, LETTER TO AGENCIES ENCLOSING QUES
TIONNAIRE ON OWNERSHIP, USE, AND DISPOSITION OF CONTRACTOR DATA
house of Representatibus
rume 1, 1978
The House Subcommittee on Government Information and Individual
Our preliminary findings indicate that no uniform Federal policies
To pursue our study of this issue and to prepare a timely report, we need additional information and believe the brief questionnaire attached will provide that information with minimal effort from your department. We need your reply by June 23rd in order to complete our study. If you feel you cannot respond by then, please call me or subcommittee Staff Director, Timothy H. Ingram, to discuss an alternate date.
QUESTIONS FOR FEDERAL DEPARTMENTS ON
DEVELOPED BY FEDERAL CONTRACTORS
1. Does the department have a policy on contractors' collateral uses and
disposition of records and data ? If so:
a. Provide copies of departmental directives, memos, regulations, etc., as appropriate. (Please send only the applicable portions of the regulations.)
b. Do your policies differ for educational and not-for-profit institutions as compared with for-profit contractors? If so, explain
c. How do you assure contractor compliance with the policy?
d. Do you feel that contractors should or should not be required to certify in writing their compliance with Federal policy?
2. If the department does not have a policy as described in Question 1 above:
a. Does the department believe that specific policy guidelines on
ownership, use, and disposition of data are needed to protect government
interests and individuals' rights to privacy. Why or why not?
b. Does the department plan to address this matter in the near future?
3. What is the department's policy on the ownership of data assembled by
contractors including data related to, but not part of, the final product?
4. Do most department contracts contain clauses specifying who owns the
data, how it can be used, and the ultimate disposition of the data (for
example: return to the government, destroy, strip personal identifiers)?
a. Are these clauses placed in contracts routinely or on a
b. Do these clauses prohibit the contractor from retaining copies of
the records and data which he is required to destroy or return to
c. Who is responsible for determining that these clauses are appro
priate to a given contract?
d. Provide representative examples of the contract clauses.
5. Are you generally aware of situations in your department where a contractor,
having developed a data base for one contract, uses the same information for other contracts with government or private industry? If so:
a. Is this done with or without the concurrence of the department?
b. Cite examples where this practice is occurring.
6. Can you cite examples of subject areas where the Federal government and
private contractors disagree over ownership, use, and/or disposition of records and data? Briefly describe the disagreement in each case.
7. Please provide any other views you may have regarding Federal policy
on the use and disposition of information in the possession of Federal