[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1901 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1901

 To establish the Privacy Protection Study Commission to evaluate the 
 efficacy of the Freedom of Information Act and the Electronic Freedom 
 of Information Act Amendments of 1996, to determine whether new laws 
       are necessary, and to provide advice and recommendations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 1999

  Mr. Kohl (for himself and Mr. Torricelli) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish the Privacy Protection Study Commission to evaluate the 
 efficacy of the Freedom of Information Act and the Electronic Freedom 
 of Information Act Amendments of 1996, to determine whether new laws 
       are necessary, and to provide advice and recommendations.

    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 ``Privacy Protection Study Commission 
Act of 1999''.

SEC. 2. REFERENCES.

    (a) E-FOIA.--Any reference in this Act to E-FOIA shall be a 
reference to the Electronic Freedom of Information Act Amendments of 
1996 (5 U.S.C. 552 note).
    (b) FOIA.--Any reference in this Act to FOIA shall be a reference 
to section 552 of title 5, United States Code.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the Privacy Protection Study Commission (hereafter in this Act 
referred to as the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 9 
        members of whom--
                    (A) 3 shall be appointed by the President of the 
                United States;
                    (B) 2 shall be appointed by the Majority Leader of 
                the Senate and 1 shall be appointed by the Minority 
                Leader of the Senate; and
                    (C) 2 shall be appointed by the Speaker of the 
                House of Representatives and 1 shall be appointed by 
                the Minority Leader of the House of Representatives.
            (2) Qualifications.--Members of the Commission shall be 
        chosen based on their knowledge and expertise in law, civil 
        rights and liberties, privacy matters, government, business, 
        telecommunications, media, or information technology.
            (3) Chairman and vice chairman.--The Commission shall elect 
        a Chairman and Vice Chairman from among its members. The 
        Chairman, or a member appointed by the Chairman, shall be the 
        official spokesperson of the Commission in its relations with 
        Congress, Government agencies, other persons, and the public.
            (4) Term of appointment; vacancies.--
                    (A) Appointment.--
                            (i) In general.--Members shall initially be 
                        appointed not later than 90 days after the date 
                        of enactment of this Act.
                            (ii) Term.--Members shall be appointed for 
                        the life of the Commission.
                    (B) Vacancy.--Any vacancy in the Commission shall 
                not affect its powers and shall be filled in the same 
                manner as the original appointment.
            (5) Voting.--Each member of the Commission shall have equal 
        responsibility and authority in all decisions and actions of 
        the Commission, and shall have 1 vote. Action of the Commission 
        shall be determined by a majority vote of the members present.
            (6) Quorum.--Five members of the Commission shall 
        constitute a quorum, however a lesser number of members may 
        hold hearings.

SEC. 4. DUTIES OF THE COMMISSION.

    (a) Investigation.--The Commission is authorized to conduct a 
thorough investigation of all matters relating to FOIA and the 
implementation of the 1996 E-FOIA Act.
    (b) Reports; Recommendations.--
            (1) Progress reports.--The Commission may provide periodic 
        written reports to the President and the Judiciary Committees 
        of the Senate and the House of Representatives on the 
        Commission's activities and findings.
            (2) Final report.--
                    (A) In general.--Not later than 12 months after the 
                date on which the first meeting of the Commission 
                occurs, the Commission shall submit a written final 
                report to the President and Congress on the 
                Commission's findings.
                    (B) Contents.--The report shall contain a detailed 
                statement of the Commission's findings and conclusions, 
                together with any recommendations for such legislation 
                and administrative actions as the Commission considers 
                appropriate.

SEC. 5. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission may hold such hearings and sit and 
act at such times and places, administer oaths, and require by subpoena 
or otherwise, the attendance and testimony of witnesses and the 
production of books, records, correspondence, memorandums, papers, and 
documents as the Commission considers necessary.
    (b) Subpoena Powers.--
            (1) In general.--Subpoenas issued under subsection (a)--
                    (A) may only be issued pursuant to a majority vote 
                of all the members of the Commission, including 
                affirmative votes by the Chairman and the Vice-Chairman 
                of the Commission;
                    (B) shall bear the signature of the Chairman of the 
                Commission or any designated member; and
                    (C) may be served by any person or class of persons 
                designated by the Chairman for that purpose.
            (2) Enforcement.--
                    (A) In general.--In case of contumacy or failure to 
                obey a subpoena issued under subsection (a), the United 
                States district court for the judicial district in 
                which the subpoenaed person resides, is served, or may 
                be found, may issue an order requiring such person to 
                appear at any designated place to testify or to produce 
                documentary or other evidence.
                    (B) Punishment.--Any failure to obey the order of 
                the court may be punished by the court.
            (3) Witness allowance and fees.--The provisions of section 
        1821 of title 28, United States Code, shall apply to witnesses 
        requested or subpoenaed to appear at any hearing of the 
        Commission. The per diem and mileage allowances for witnesses 
        shall be paid from funds available to pay the expenses of the 
        Commission.
    (c) Information From Federal Agencies.--The Commission may secure 
directly from any executive department, bureau, agency, board, 
commission, office, independent establishment, or instrumentality any 
information, suggestions, estimates, and statistics for the purpose of 
carrying out this Act. Any entity from which such information is 
requested is authorized and directed, to the extent authorized by law, 
to furnish the requested information to the Commission, upon request 
made jointly by the Chairman and Vice Chairman.
    (d) Confidentiality.--
            (1) In general.--The Commission may accept from any Federal 
        agency or other person, any identifiable personal data if such 
        data is necessary to carry out its powers and functions.
            (2) Safeguards.--In any case in which the Commission 
        accepts such information, it shall provide all appropriate 
        safeguards to ensure that the confidentiality of the 
        information is maintained and that upon completion of the 
        specific purpose for which such information is required, the 
        information is destroyed or returned to the agency or person 
        from which it was obtained.

SEC. 6. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Commission Members.--
            (1) In general.--Except as provided in paragraph (2), each 
        member of the Commission shall be compensated at a rate equal 
        to 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 during which 
        such member is engaged in the actual performance of the duties 
        of the Commission.
            (2) Government personnel.--Members of the Commission who 
        are full-time officers or employees of the United States or 
        Members of Congress shall receive no additional pay on account 
        of their service on the Commission.
    (b) Travel Expenses.--While away from their homes or regular places 
of business in the performance of services for the Commission, the 
members of the Commission shall be allowed travel expenses, including 
per diem in lieu of subsistence, at rates authorized for employees of 
agencies under subchapter I of chapter 57 of title 5, United States 
Code.
    (c) Staff.--
            (1) In general.--The Chairman of the Commission may, 
        without regard to the civil service laws and regulations, 
        appoint and terminate an executive director and such other 
        personnel as may be necessary to enable the Commission to 
        perform its duties.
            (2) Compensation.--The Chairman of the Commission may fix 
        the compensation of the executive 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 for the executive director and 
        other personnel may not exceed the rate payable for level V of 
        the Executive Schedule under section 5326 of such title.
            (3) Special experts and consultants.--The Chairman of the 
        Commission is authorized to procure the services of experts and 
        consultants in accordance with section 3109 of title 5, United 
        States Code, at rates for individuals not to exceed the daily 
        equivalent of the annual rate of basic pay prescribed for level 
        V of the Executive Schedule under section 5316 of such title.

SEC. 7. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 30 days after the date on which its 
final report is submitted to the President and Congress.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated $4,000,000 
to carry out the provisions of this Act.
    (b) Availability.--Any sums appropriated in this section shall 
remain available, without fiscal year limitation, until expended.
                                 <all>