quired to remove an individual’s name and address
from such list upon request of that individual;
(ii) whether the Internal Revenue Service
should be prohibited from transferring individually
identifiable data to other agencies and to agen-
cies 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 section 552a(g)(1) (C) or (D) of
title 5, United States Code; and
(iv) whether and how the standards for security
and confidentiality of records required under section
552a(e)(10) of such title should be applied when a
record is disclosed to a person other than an agency.
(C) The Board may study such other personal infor-
mation activities necessary to carry out the congressional
policy embodied in this Act, except that the Board
shall not investigate information systems maintained by
religious organizations.
(3) In conducting such study, the Board shall—
(A) determine the laws, Executive orders, regu-
lations, directives, and judicial decisions that 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 Con-
stitution;
(B) determine to what extent governmental and
private information systems affect Federal-State re-
lations or the principle of separation of powers;
(C) examine the standards and criteria govern-
ing programs, policies, and practices relating to the
collection, soliciting, processing, use, access, integra-
tion, dissemination, and transmission of personal in-
formation; and
(D) to the maximum extent practicable, collect
and utilize findings, reports, studies, hearing tran-
scripts, and recommendations of governmental, legis-
lative and private bodies, institutions, organizations,
and individuals which pertain to the problems under
study by the Board.
(d) ADDITIONAL AUTHORITIES.—In addition to its
other functions the Board may—
(1) request assistance of the heads of appro-
priate departments, agencies, and instrumentalities
of the Federal Government, of State and local gov-
ernments, and of 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 infor-
mation, the collection of which would violate an indi-
vidual’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 dissemi-
nating 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) INVESTIGATIONS
AND
HEARINGS.—(1) The
Board may, in carrying out its functions under this sec-
tion, conduct such inspections, sit and act at such times
and places, hold such hearings, take such testimony, re-
quire by subpoena the attendance of such witnesses and
the production of such books, records, papers, correspond-
ence, and documents, administer such oaths, have such
printing and binding done, and make such expenditures
as the Board deems advisable. A subpoena shall be issued
only upon an affirmative vote of a majority of all members
of the Board. Subpoenas shall be issued under the signa-
ture of the Chairman or any member of the Board des-
ignated by the Chairman and shall be served by any per-
son designated by the Chairman or any such member. Any
member of the Board may administer oaths or affirma-
tions to witnesses appearing before the Board.
(2)(A) Each department, agency, and instrumentality
of the executive branch of the Government is authorized
to furnish to the Board, upon request made by the Chair-
man, such information, data, reports and such other as-
sistance as the Board deems necessary to carry out its
functions under this section. Whenever the head of any
such department, agency, or instrumentality submits a re-
port pursuant to section 552a(o) of title 5, United States
Code, a copy of such report shall be transmitted to the
Board.
(B) In carrying out its functions and exercising its
powers under this section, the Board may accept from any
such department, agency, independent instrumentality, or
other person any individually identifiable data if such data
is necessary to carry out such powers and functions. In
any case in which the Board 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 re-
turned to such department, agency, independent instru-
mentality, or person from which it is obtained, as appro-
priate.
(f) PERSONNEL.—(1) The Board shall have the
power to—
(A) appoint and fix the compensation of an ex-
ecutive director, and such additional staff personnel
as may be necessary, without regard to the provi-
sions of title 5, United States Code, governing ap-
pointments in the competitive service, and without
regard to chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates, but at rates not in excess of the
maximum rate payable under section 5376 of such
title; and
(B) procure temporary and intermittent services
to the same extent as is authorized by section 3109
of title 5, United States Code.
(2) The Board may delegate any of its functions to
such personnel of the Board as the Board may designate
and may authorize such successive redelegations of such
functions as it may deem desirable.
(g) GENERAL AUTHORITY.—The Board is author-
ized—
(1) to adopt, amend, and repeal rules and regu-
lations governing the manner of its operations, orga-
nization, and personnel;
(2) to enter into contracts or other arrange-
ments or modifications thereof, with any govern-
ment, any department, agency, or independent in-
strumentality of the United States, or with any per-
son, firm, association, or corporation, and such con-
tracts or other arrangements, or modifications there-
of, may be entered into without legal consideration,
without performance or other bonds, and without re-
gard to section 3709 of the Revised Statutes (41
U.S.C. 5);
(3) to make advance, progress, and other pay-
ments which the Board deems necessary under this
Act without regard to the provisions of section 3324
of title 31, United States Code; and
(4) to take such other action as may be nec-
essary to carry out its functions under this section.
(h) COMPENSATION AND EXPENSES OF MEMBERS.—
(1) Each member of the Board who is an officer or em-
ployee 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 Board.
(2) A member of the Board other than one to whom
paragraph (1) applies shall receive per diem at the maxi-
mum daily rate payable under section 5376 of title 5,
United States Code, when engaged in the actual perform-
ance of the duties vested in the Board.
(3) All members of the Board shall be reimbursed for
travel, subsistence, and other necessary expenses incurred
by them in the performance of the duties vested in the
Board.
(i) ANNUAL
AND OTHER REPORTS.—The Board
shall, from time to time, and in an annual report, report
to the President and the Congress on its activities in car-
rying out the provisions of this section.
(j) PENALTY FOR VIOLATION OF PRIVACY RIGHTS.—
(1) Any member, officer, or employee of the Board, who
by virtue of his employment or official position, has pos-
session of, or access to, agency records which contain indi-
vidually identifiable information the disclosure of which is
prohibited by this section, and who knowing that disclo-
sure of the specific material is so prohibited, willfully dis-
closes 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
Board under false pretenses shall be guilty of a mis-
demeanor and fined not more than $5,000.
Æ
HR 184 IH——2