Page:United States Statutes at Large Volume 88 Part 2.djvu/591

 88 STAT. ]

PUBLIC LAW 93-579-DEC. 31, 1974

1907

(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 eneral damages incurred by an individual as the result of a willLil or intentional violation of the provisions of sections 552a (g) (1)(C) or (D) of title 5, United States Code; and ^"f«. p- is^?. (iv) whether and ho^^' 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. l (C) The Commission may study such other personal information g aR e ziagtiio u ss, orni on exactivities necessary to carry out the congi'essional policy embodied in cepuon this Act, except that the Commission shall not investigate information systems maintained by religious organizations. (3) In conducting such study, the Commission shall— Guidelines for (A) determine what laws. Executive orders, regulations, ^^^'^y* directives, and judicial decisions govern the activities under study and the extent to which they are consistent with the rights of privac}^, due process of law, and other guarantees in the Constitution; (B) determine to Avhat 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 addition to its other functions the Commission may— (1) request assistance of the heads of appropriate departments, 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 printing and binding done, and make such expenditures as the Commission deems advisable. A subpena shall be issued only upon an affirmative vote of a majority of all members of the Com-

f

�