[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2846 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2846

 To establish a commission to evaluate investigative and surveillance 
technologies to meet law enforcement and national security needs in the 
 manner that best preserves the personal dignity, liberty, and privacy 
                of individuals within the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2002

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

_______________________________________________________________________

                                 A BILL


 
 To establish a commission to evaluate investigative and surveillance 
technologies to meet law enforcement and national security needs in the 
 manner that best preserves the personal dignity, liberty, and privacy 
                of individuals within the United States.

    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 ``Security and Liberty Preservation 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The terrorist attacks of September 11, 2001, and the 
        continuing threat of further attacks, are an assault on the 
        safety and security of all Americans.
            (2) The threat of further acts of terrorism has 
        necessitated an expansion of the authority of government to 
        conduct surveillance and collect data.
            (3) While recognizing the need for additional security 
        measures, Americans remain deeply committed to the individual 
        dignity, liberty, and privacy rooted in United States history 
        and protected by the Constitution of the United States.
            (4) Different investigative technologies and methods can 
        achieve the same security goals in ways that have substantially 
        different impacts on individual rights.
            (5) The government should conduct investigations and 
        surveillance in a manner that fully addresses law enforcement 
        and national security needs in the manner that best preserves 
        the personal dignity, liberty, and privacy of individuals 
        within the United States.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established the Commission on 
Enhancing Security and Preserving Freedom (in this Act referred to as 
the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 17 
        members of whom--
                    (A) five shall be representatives of the Federal 
                Government, including--
                            (i) the Attorney General, or the Attorney 
                        General's designee;
                            (ii) the Secretary of the Treasury, or the 
                        Secretary's designee;
                            (iii) the Secretary of Commerce, or the 
                        Secretary's designee;
                            (iv) the Director of Central Intelligence, 
                        or the Director's designee; and
                            (v) the Director of Homeland Security, or 
                        the Director's designee;
                    (B) four shall be appointed by the Majority Leader 
                of the Senate;
                    (C) two shall be appointed by the Minority Leader 
                of the Senate;
                    (D) four shall be appointed by the Speaker of the 
                House of Representatives; and
                    (E) two shall be appointed by the Minority Leader 
                of the House of Representatives.
            (2) Limitation on designees.--An individual may not be 
        designated for membership on the Commission under paragraph 
        (1)(A) unless the individual holds a position in the United 
        States Government by appointment of the President, by and with 
        the advice and consent of the Senate.
            (3) Appointments by congressional leadership.--
                    (A) Requirements.--Of the individuals appointed 
                under subparagraphs (B) through (E) of paragraph (1)--
                            (i) at least one shall be an officer or 
                        employee of a State law enforcement agency; and
                            (ii) at least one shall be an officer or 
                        employee of a local law enforcement agency.
                    (B) Limitation.--No individual may be appointed 
                under subparagraphs (B) through (E) of paragraph (1) if 
                the individual is an officer or employee of the Federal 
                Government or an active member of the uniformed 
                services.
                    (C) Sense of congress.--It is the sense of Congress 
                that in making appointments to the Commission under 
                subparagraphs (B) through (E) of paragraph (1) the 
                Members of Congress referred to in such subparagraphs 
                should seek to appoint individuals with varying 
                viewpoints on and areas of expertise in the matters to 
                be covered by the Commission, including individuals 
                from the technology industry, non-profit entities, and 
                academia.
    (c) Period of Appointment; Vacancies.--Members of the Commission 
shall be appointed for the life of the Commission. Any vacancy in the 
Commission shall not affect its powers, but shall be filled in the same 
manner as the original appointment.
    (d) Security Clearances.--
            (1) In general.--Each individual appointed to the 
        Commission under subparagraphs (B) through (E) of subsection 
        (d)(1) shall possess a security clearance appropriate for the 
        work of the Commission under this Act.
            (2) Failure to secure clearance.--
                    (A) Initial appointments.--If an individual 
                initially appointed under subparagraphs (B) through (E) 
                of subsection (d)(1) without a security clearance does 
                not secure a security clearance by the commencement of 
                the work of the Commission, the appointment shall be 
                deemed vacant.
                    (B) Appointments to vacancies.--If an individual 
                appointed to a vacancy in a position under 
subparagraphs (B) through (E) of subsection (d)(1) without a security 
clearance does not secure a security clearance within a reasonable 
period (as determined by the Commission), the appointment shall be 
deemed vacant.
            (3) Processing of clearances.--The Attorney General shall 
        seek to ensure the timely processing of any applications for 
        security clearances for purposes of this subsection.
    (e) Chairman.--The Commission shall select a Chairman from among 
its members.
    (f) Initial Meeting.--Not later than 30 days after the date on 
which nine members of the Commission have been appointed, the 
Commission shall hold its first meeting.
    (g) Meetings.--The Commission shall meet at the call of the 
Chairman.
    (h) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.

SEC. 4. DUTIES OF COMMISSION.

    (a) Investigation.--The Commission shall conduct a thorough 
investigation of the following:
            (1) Standards for using, selecting, and operating 
        investigative and surveillance technologies to meet law 
        enforcement and national security needs in the manner that best 
        preserves the personal dignity, liberty, and privacy of 
        individuals within the United States.
            (2) The advisability of establishing within the Government 
        one or more entities or procedures to ensure that the 
        Government uses investigative and surveillance technologies to 
        meet law enforcement and national security needs in the manner 
        that best preserves the personal dignity, liberty, and privacy 
        of individuals within the United States.
    (b) Report.--
            (1) In general.--Not later than 18 months after the date of 
        the initial meeting of the Commission, the Commission shall 
        submit to the President and Congress a report which shall 
        contain a detailed statement of the findings and conclusions of 
        the Commission, together with its recommendations for such 
        legislation and administrative actions as it considers 
        appropriate.
            (2) Form of report.--The report under paragraph (1) shall 
        be submitted in unclassified form, but may include a classified 
        annex.
    (c) Investigative and Surveillance Technologies Defined.--In this 
section, the term ``investigative and surveillance technologies'' means 
technologies that may be used by the Federal Government, and by State 
and local governments, to monitor and collect information about 
individuals in the absence of reasonable, articulable suspicion of 
criminal activity, including--
            (1) Internet surveillance technologies;
            (2) data mining technologies;
            (3) surveillance camera technologies;
            (4) x-ray body scan technologies;
            (5) biometric technologies; and
            (6) other technologies identified by the Commission for 
        purposes of this Act.

SEC. 5. POWERS OF COMMISSION.

    (a) Hearings.--
            (1) In general.--The Commission or, at its direction, any 
        subcommittee or member of the Commission, may, for the purpose 
        of carrying out this Act--
                    (A) hold such hearings, sit and act at such times 
                and places, take such testimony, receive such evidence, 
                administer such oaths; and
                    (B) require, by subpoena or otherwise, the 
                attendance and testimony of such witnesses and the 
                production of such books, records, correspondence, 
                memoranda, papers, documents, tapes, and materials,
        as the Commission or such subcommittee or member considers 
        advisable.
            (2) Public meetings.--To the maximum extent practicable, 
        the meetings of the Commission shall be open to the public.
            (3) Closed meetings.--
                    (A) In general.--Meetings of the Commission may be 
                closed to the public under section 10(d) of the Federal 
                Advisory Committee Act (5 U.S.C. App.) or other 
                applicable law.
                    (B) Additional authority.--In addition to the 
                authority under subparagraph (A), paragraphs (1) and 
                (3) of section 10(a) of the Federal Advisory Committee 
                Act shall not apply to any portion of a Commission 
                meeting if the President determines that such portion 
                or portions of that meeting is likely to disclose 
                matters that could endanger national security. If the 
                President makes such determination, the requirements 
                relating to a determination under section 10(d) of that 
                Act shall apply.
            (4) Public summary of closed proceedings.--Whenever 
        practicable, the Commission shall maintain and make available 
        for public inspection an unclassified summary of any classified 
        information considered by the Commission and of any classified 
        meeting or proceeding conducted by the Commission.
    (b) Issuance and Enforcement of Subpoenas.--
            (1) Issuance.--Subpoenas issued under subsection (a) shall 
        bear the signature of the Chairman of the Commission and shall 
        be served by any person or class of persons designated by the 
        Chairman for that purpose.
            (2) Enforcement.--In the 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. 
        Any failure to obey the order of the court may be punished by 
        the court as a contempt of court.
    (c) Witness Allowances and Fees.--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.
    (d) Procedures.--The Commission may adopt procedures for the work 
of the Commission under this Act. Any portion of such procedures 
relating to the treatment of confidential or classified information 
shall not go into effect until jointly approved by the Attorney General 
and the Director of Central Intelligence.
    (e) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out this Act. Upon request of 
the Chairman of the Commission, the head of such department or agency 
shall furnish such information to the Commission.
    (f) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (g) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 6. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Members of the Commission shall serve 
without compensation for their service as members of the Commission. 
All members of the Commission who are officers or employees of the 
United States shall serve without compensation in addition to that 
received for their services as officers or employees of the United 
States.
    (b) Travel Expenses.--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, while away from their homes 
or regular places of business in the performance of services for the 
Commission.
    (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 
        additional personnel as may be necessary to enable the 
        Commission to perform its duties. The employment of an 
        executive director shall be subject to confirmation by the 
        Commission.
            (2) Compensation.--The Chairman of the Commission may fix 
        the compensation of the executive director and other personnel 
        without regard to 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 5316 of such title.
            (3) Security clearances.--The executive director and any 
        other personnel of the Commission shall possess security 
        clearances appropriate for the work of the Commission.
    (d) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Commission without reimbursement, and 
such detail shall be without interruption or loss of civil service 
status or privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
Chairman of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals which do not 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 COMMISSION.

    The Commission shall terminate 60 days after the date on which the 
Commission submits its report under section 4(b).

SEC. 8. FUNDING.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2003, 2004, and 2005 such sums as 
may be necessary for the Commission to carry out this Act in such 
fiscal year.
    (b) Transfer of Funds.--If no funds are appropriated to the 
Commission by the end of the session of Congress ending in a fiscal 
year specified in subsection (a), the Secretary of Commerce shall, from 
amounts appropriated or otherwise available to the Secretary for such 
fiscal year, transfer to the Commission an amount necessary to permit 
the Commission to carry out this Act in such fiscal year.
    (c) Availability.--Any amounts appropriated to the Commission under 
subsection (a), or transferred to the Commission under subsection (b), 
shall remain available, without fiscal year limitation, until expended.
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