[Congressional Record Volume 147, Number 115 (Thursday, September 6, 2001)]
[Extensions of Remarks]
[Page E1603]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   INTRODUCTION OF LEGISLATION TO PROTECT THE PRIVACY RIGHTS OF OUR 
                   NATION'S UNIFORMED SERVICEMEMBERS

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                           HON. RICK BOUCHER

                              of virginia

                    in the house of representatives

                      Thursday, September 6, 2001

  Mr. BOUCHER. Mr. Speaker, I rise today to join with my colleagues Mr. 
Shays and Mr. Waxman, in introducing legislation to protect the privacy 
rights of our nation's uniformed servicemembers.
  If enacted into law, the legislation we have put forward will clarify 
that the same right of privacy guaranteed to all other individuals 
under the Privacy Act and Freedom of Information Act shall apply to 
members of the uniformed services.
  The Privacy Act was established in 1974 to ensure that the 
information the Federal Government collected as part of the operations 
and practices of agencies is protected, and the agencies observe and 
safeguard the right to personal privacy.
  The need for this legislation arises from a September 2000 federal 
district court ruling which stated that military servicemembers cannot 
sue for damages when records containing information about them, which 
under the terms of the Privacy Act may not be released, are released by 
the government in violation of the Privacy Act. The Court based its 
ruling on the Feres doctrine, a 51 year old judge-made doctrine which 
states that servicemembers cannot bring civil actions against the 
government for acts incident to service because they have benefits 
available through their military health and other programs. As a result 
of this ruling, there is no effective way to prevent the unauthorized 
release of sensitive military personnel records and no way to 
compensate servicemembers for damages arising from acts by government 
agencies that are in violation of the Privacy Act.
  Congress enacted the Privacy Act with an unambiguous intent to make 
government responsible for the damages it causes when the law is 
violated. Our bill clarifies the intent of Congress to ensure that the 
right of privacy granted under the Act shall apply to members of the 
uniformed services and that military personnel may use the remedies of 
the Privacy Act, the Feres doctrine notwithstanding. A right without a 
remedy is no right at all.
  The merit of this legislation is clear. The government collects vast 
amounts of sensitive information from and about military 
servicemembers. Fairness requires that the information, once collected, 
be made secure. Moreover, such an assurance will be in aid of the 
recruitment efforts of all our volunteer armed forces.
  I urge the speedy adoption of this legislation.

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