[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1330 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1330

  To prohibit Federal officers and employees from providing access to 
 social security account statement information, personal earnings and 
 benefits estimate statement information, or tax return information of 
 an individual through the Internet or without the written consent of 
   the individual, and to establish a commission to investigate the 
     protection and privacy afforded to certain Government records.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 1997

 Mr. Kanjorski (for himself, Mr. Towns, Mr. Borski, Mr. Underwood, Mr. 
   Mascara, and Ms. Norton) introduced the following bill; which was 
      referred to the Committee on Government Reform and Oversight

_______________________________________________________________________

                                 A BILL


 
  To prohibit Federal officers and employees from providing access to 
 social security account statement information, personal earnings and 
 benefits estimate statement information, or tax return information of 
 an individual through the Internet or without the written consent of 
   the individual, and to establish a commission to investigate the 
     protection and privacy afforded to certain Government records.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Family Privacy Act of 
1997''.

SEC. 2. RESTRICTIONS ON PROVISION OF ACCESS TO SOCIAL SECURITY ACCOUNT 
              STATEMENT INFORMATION, PERSONAL EARNINGS AND BENEFITS 
              ESTIMATE STATEMENT INFORMATION, OR TAX RETURN INFORMATION 
              OF AN INDIVIDUAL.

    (a) Prohibition Against Making Certain Information Available 
Through the Internet.--No Federal officer or employee may make 
available through the Internet a social security account statement (or 
information contained in such a statement), a personal earnings and 
benefits estimate statement (or information contained in such a 
statement), a tax return, or tax return information of an individual.
    (b) Restriction on Access Without Written Consent of Individual.--
No Federal officer or employee may make available to a member of the 
public a social security account statement (or information contained in 
such a statement), a personal earnings and benefits estimate statement 
(or information contained in such a statement), a tax return, or tax 
return information of an individual without the written consent of such 
individual.

SEC. 3. COMMISSION ON PRIVACY OF GOVERNMENT RECORDS.

    (a) Establishment of Commission.--
            (1) Establishment.--There is established a commission to be 
        known as the ``Commission on Privacy of Government Records'' 
        (in this Act referred to as the ``Commission'').
            (2) Composition.--The Commission shall be composed of 9 
        members appointed as follows:
                    (A) Five members appointed by the President.
                    (B) Two members appointed by the Speaker of the 
                House of Representatives.
                    (C) Two members appointed by the majority leader of 
                the Senate.
            (3) Initial appointments.--Each member of the Commission 
        shall be appointed to the Commission not later than 60 days 
        after the date of the enactment of this Act.
            (4) Chairman.--There shall be a Chairman of the Commission 
        who shall be designated by the President at the time of the 
        appointment.
            (5) Period of appointment.--Each member shall be appointed 
        for the life of the Commission.
            (6) Vacancies.--Any vacancy shall be filled in the same 
        manner as the original appointment of a member of the 
        Commission.
    (b) Functions of Commission.--The Commission shall investigate--
            (1) the protection and privacy afforded by the Federal 
        Government to the tax information (including any tax return and 
        tax return information), social security information (including 
        any social security account statement and personal earnings and 
        benefits estimate statement), and other personal and 
        confidential information with respect to individuals contained 
        in Government records and documents; and
            (2) procedures and mechanisms through which an individual 
        may be provided access to such information with respect to the 
        individual without jeopardizing the privacy of the individual.
    (c) Report.--Not later than April 15, 1998, the Commission shall 
submit to the President and the Congress a report containing a detailed 
statement of the Commission's findings and conclusions and the 
Commission's recommendations for administrative and legislative action.
    (d) Powers.--
            (1) Hearings and sessions.--The Commission may, for the 
        purpose of carrying out this Act, hold such hearings, sit and 
        act at such times and places, take such testimony, and receive 
        such evidence as the Commission considers appropriate. The 
Commission may administer oaths to witnesses appearing before it.
            (2) Obtaining information.--The Commission may secure 
        directly from any department or agency of the United States 
        information necessary to enable it to carry out this Act. Upon 
        request of the Chairman of the Commission, the head of that 
        department or agency shall furnish that information to the 
        Commission in a full and timely manner.
            (3) Immunity.--The Commission is an agency of the United 
        States for purposes of part V of title 18, United States Code 
        (relating to immunity of witnesses).
            (4) Contract authority.--The Commission may contract with 
        and compensate government and private agencies or persons for 
        goods and services, without regard to section 3709 of the 
        Revised Statutes (41 U.S.C. 5).
    (e) Commission Procedures.--
            (1) Meetings.--The Commission shall meet at the call of the 
        Chairman or a majority of its members.
            (2) Quorum.--Five members of the Commission shall 
        constitute a quorum, but a lesser number may hold hearings.
            (3) Delegation of authority.--Any member or agent of the 
        Commission may, if authorized by the Commission, take any 
        action that the Commission is authorized to take by this Act.
    (f) Personnel Matters.--
            (1) Pay of members.--(A) Except as provided in paragraph 
        (2), members shall each be entitled to receive the daily 
        equivalent of the annual rate of basic pay prescribed for level 
        IV of the Executive Schedule under section 5315 of title 5, 
        United States Code for each day (including travel time) during 
        which they are engaged in the actual performance of duties 
        vested in the Commission.
            (B) Members of the Commission who are full-time officers or 
        employees of the United States may not receive additional pay, 
        allowances, or benefits by reason of their service on the 
        Commission.
            (2) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
            (3) Staff.--(A) The Commission may, without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, appoint a staff 
        director and such additional personnel as may be necessary to 
        enable the Commission to perform its duties.
            (B) The Commission may fix the pay of the staff director 
        and other personnel without regard to the provisions of chapter 
        51 and subchapter III of chapter 53 of title 5, United States 
        Code, relating to classification of positions and General 
        Schedule pay rates, except that the rate of pay fixed under 
        this paragraph for the staff director may not exceed the rate 
        payable for level V of the Executive Schedule under section 
        5316 of such title and the rate of pay for other personnel may 
        not exceed the maximum rate payable for grade GS-15 of the 
        General Schedule.
    (g) Other Administrative Provisions.--
            (1) Postal and printing services.--The Commission may use 
        the United States mails and obtain printing and binding 
        services in the same manner and under the same conditions as 
        other departments and agencies of the United States.
            (2) Experts and consultants.--The Commission may procure 
        temporary and intermittent services under section 3109(b) of 
        title 5, United States Code.
            (3) Staff of federal agencies.--Upon request of the 
        Commission, the head of any Federal department or agency may 
        detail, on a reimbursable basis, any of the personnel of that 
        department or agency to the Commission to assist it in carrying 
        out its duties under this Act.
            (4) Gifts, bequests, and devises.--The Commission may 
        accept, use, and dispose of gifts, bequests, or devises of 
        services or property, both real and personal, for the purpose 
        of aiding or facilitating the work of the Commission. Gifts, 
        bequests, or devises of money and proceeds from sales of other 
        property received as gifts, bequests, or devises shall be 
        deposited in the Treasury and shall be available for 
        disbursement upon order of the Commission.
    (h) Termination of Commission.--The Commission shall terminate not 
later than 60 days after submitting its report to the President and the 
Congress pursuant to subsection (c).
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