CONTENTS Preface Text of S. 3418 as reported to Senate September 26, 1974---- TITLE II-STANDARDS AND MANAGEMENT SYSTEMS FOR HAN- DLING INFORMATION RELATING TO INDIVIDUALS: Section 201-Safeguard requirements for administrative, intelligence, statistical-reporting, and re- search purposes.- 93D CONGRESS 2D SESSION Calendar No. 1127 S. 3418 [Report No. 93-1183] IN THE SENATE OF THE UNITED STATES MAY 1, 1974 Mr. ERVIN (for himself, Mr. PERCY, Mr. MUSKIE, Mr. RIBICOFF, Mr. JACKSON, Mr. GOLDWATER, and Mr. BAKER) introduced the following bill; which was read twice and referred to the Committee on Government Operations SEPTEMBER 26, 1974 Reported by Mr. ERVIN, with amendments [Strike out all after the enacting clause and insert the part printed in italic] A BILL To establish a Federal Privacy Board to oversee the gathering and disclosure of information concerning individuals, to provide management systems in Federal agencies, State and local governments, and other organizations regarding such information, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, [The stricken out introduced bill is purposefully deleted for this printing.] TITLE I-PRIVACY PROTECTION COMMISSION ESTABLISHMENT OF COMMISSION SEC. 101. (a) There is established as an independent agency of the executive branch of the Government the Privacy Protection Commission. (b) (1) The Commission shall be composed of five members who shall be appointed by the President, by and with the advice and consent of the Senate, from among members of the public at large who, by reason of their knowledge and expertise in any of the following areas: civil rights and liberties, law, social sciences, and computer technology, business, and State and local government, are well qualified for service on the Commission and who are not otherwise officers or employees of the United States. Not more than three of the members of the Commission shall be adherents of the same political party. (2) One of the Commissioners shall be appointed Chairman by the President: (3) A Commissioner appointed as Chairman shall serve as Chairman until the expiration of his term as a Commissioner of the Commission (except that he may continue to serve as Chairman for so long as he remains a Commissioner and his successor as Chairman has not taken office). An individual may be appointed as a Commissioner at the same time he is appointed Chairman. (c) The Chairman shall preside at all meetings of the Commission and a quorum for the transaction of business shall consist of at least three members present (but the Chairman may designate an Acting Chairman who may preside in the absence of the Chairman). Each member of the Commission, including the Chairman, shall have equal responsibility and authority in all decisions and actions of the Commission, shall have full access to all information relating to the performance of his duties or responsibilities, and shall have one vote. Action of the Commission shall be determined by a majority vote of the members present. The Chairman (or Acting Chairman) shall be the official spokesman of the Commission in its relations with the Congress, Government agencies, persons, or the public, and, on behalf of the Commission, shall see to the faithful execution of the policies and decisions of the Commission, and shall report thereon to the Commission from time to time or as the Commission may direct. (d) Each Commissioner shall be compensated at the rate provided for under section 5314 of title 5 of the United States Code, relating to level IV of the Executive Schedule. (e) Commissioners shall serve for terms of three years. No Commissioner may serve more than two terms. Vacancies in the membership of the Commission shall be filled in the same manner in which the original appointment was made. (f) Vacancies in the membership of the Commission, as long as there are three Commissioners in office, shall not impair the power |