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									916T CONGRESS ff              n        *9f%+ A
                    H. R. 7214
         DST THE HOUSE OF REPRESENTATIVES
                            FEBRUAKT 19,1969
Mr. KOCH introduced the following bill; which was referred to the Committee
                       on Government Operations




                          A BILL                                                                             .,.'
To amend title 5. United Stxites Code, to provide that individuals
     he apprised of records concerning them which are main-
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     t-aincd by Government agencies.                                                              H
1.       J5c it enacted by the Senate and House of Keprcsenta-                                        gW

2 lives of the United Stales of America in Congress assembled, £\^                                          -| i

3 That (a.) subchaptcr II of chapter 5 of title 5, United States
     Code, is amended by adding immediately after section 552
     thereof the following new section:
     "§ 552a. Individual records
         " (a) Each agency which shall maintain records con-
     ccming any individual which arc indexed according to the

     individual's name and which contain any information ob-


                    7;•:•              »»6                              HNAL ACTION
     1 (aincd from any source other than such individual shall, with
     2 respect to such records—
     3-         "--(!} notify said individual by mail at his last
     4      known address that the agency maintains or is about to
     5      maintain a record concerning said individual;
     6              "(2)   refrain from disclosing (he record or any
     7      information contained therein to any person, except with
     8      permission of the individual concerned or, in the event
     9      said individual cannot be located or communicated with
10          after reasonable effort, with permission from members
11          of the -individual's family or guardian after a showing
12          of good cause for such information; or in the event that
13          disclosure of said record is required under section 552
*••*•       of this chapter or by any other provision of law;
];
     5          "(8) notify each individual by mail at his last
16          known address of all transfers of information concerning
1
    7       such individual f o any other agency:
ly                  " (4) maintain an accurate record of the names of
19          all persons inspecting such records:
                J
20                  '(5) permit any individual to inspect; his OAVII rce-
21
            ord and have copies thereof made at his expense; and
22              "(6) permit an individual to supplement the in-
23          formation contained in his record with any information
2J=         such individual deems pertinent to.his record.
25
            "(!.>) This section may be enforced in accordance with

                                                 887
                                 3
 1 the provisions of paragraph (3) of subsection (a) of section
 2 552 of this chapter.
 3      " (c) Each agency may establish published rules slating
4 the time, place, fees to the extent authorixed, and procedure
 5 to be followed with respect to making records promptly
 6 available to an individual., and to otherwise implement the
 7 provisions of this section.
 8      " (d) This section shall not apply to records that are^
9            "(1)   specifically required by Executive order to be
10      kept secret in the interest of the national security;
11          "(2) investigatory files compiled for law cnforce-
12      mcnt purposes, except *o the extent that such records
13      have been maintained for a longer period than rcason-
14      ably necessary to commence prosecution or other action
15      or to the extent available by law to a party other than
16      an agency; and
17           "(3) inter- or intra-agcncy memorandums or let-
18      tors which would not he available by law to a party
19      other than an. agency in litigation with the agency.
20      " (c) This section shall not be held or considered to
21 permit the disclosure ,pL the name of any person who has
22 furnished information contained in any record subject to
23 this section.
24      " ( f ) If any provision of this section or the application
-•> of such provision to any person or circumstance shall be
               r


                     Sit i<
                                      888
                                   4
    held invalid, the validity of the remainder of this section
    and the applicability of such provision to other persons or
3 circumstances shall not be affected thereby.".
4
          (b) The table of sections of subchaptcr IE of chapter
5 5 of title 5, United States Code, is amended by inserting-^-
    "552a. Individual records."
6 immediately below-^
    "552. Public information; agency rules; opinions, orders, records, and
            proceedings.".

?        SEC. 2. The amendments made by this Act shall become
8 effective on the ninetieth day following the date of enact-
9 ment of this Act.




                                          889
       01 BT CONGRESS
          1ST SKBHIO.V
                       H. R. 7214
                     A BILL
      To amend Mfrle 5, United States Code, to pro-
         vide fchut individuals be apprised of records
         concerning1 them which are maintained by
         Government agencies.

                         By Mr. KOOH
                      FKBBUABY 19,1000                     00
      Referred to the Committee on Government Operation*




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