[Congressional Record Volume 145, Number 158 (Wednesday, November 10, 1999)]
[Senate]
[Pages S14576-S14577]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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            PRIVACY PROTECTION STUDY COMMISSION ACT OF 1999

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                KOHL (AND TORRICELLI) AMENDMENT NO. 2777

  (Ordered referred to the Committee on the Judiciary)
  Mr. KOHL (for himself and Mr. Torricelli) submitted an amendment 
intended to be proposed by them to the bill (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; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Privacy Protection Study 
     Commission Act of 1999''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the right of privacy is a longstanding personal right 
     embedded in United States history and jurisprudence;
       (2) the openness of Government records, procedures, and 
     actions has become increasingly important in recent years, 
     and should remain so in a free and democratic society;
       (3) the use of electronic data collection, storage, 
     communications, transfer, and usage has increased 
     exponentially, thus heightening the potential impact upon 
     individual privacy;
       (4) national surveys indicate that the growth and expansion 
     of technology has resulted in concern regarding electronic 
     data privacy for more than 80 percent of United States 
     citizens;
       (5) currently, there is no uniform Government policy 
     addressing either Government or private sector uses of 
     personal data;
       (6) the right of individual privacy must be weighed against 
     legitimate uses of personal information that benefit the 
     public good; and
       (7) the private sector has made notable efforts to self-
     regulate privacy protection, especially in the online 
     environment, but there remains room for improvement.
       (b) Purpose.--The purpose of this Act is to establish a 
     study commission to--
       (1) examine the implications of new and existing 
     technologies on individual privacy;
       (2) ensure appropriate privacy protection of both 
     Government and private sector uses of personal information, 
     recognizing that a balance exists between individual rights 
     and the public good including the legitimate needs of law 
     enforcement;
       (3) identify Government efforts to establish privacy 
     policy, including recommendations for improved coordination 
     among Government agencies, and foreign governments, and if 
     necessary, legislative proposals;
       (4) evaluate new technology (i.e. biometrics) to enhance 
     electronic data privacy; and
       (5) study the extent, need, and feasibility of individual 
     control over personal information.

     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.

[[Page S14577]]

       (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 privacy 
     policy.
       (b) Mandatory Commission Functions.--The Commission shall--
       (1) research and investigate the actual and potential 
     implications to individual privacy of electronic collection, 
     storage, transfer, and usage of personal information by 
     Federal, State, and local governments and the private sector;
       (2) review enacted law and proposed Federal and State 
     legislation pertinent to privacy protection and electronic 
     data protection, including sections 552 and 552a of title 5, 
     United States Code (commonly referred to as the Freedom of 
     Information Act and the Privacy Act, respectively), the 1996 
     Electronic Freedom of Information Act Amendments of 1996 (5 
     U.S.C. 552 note)), Electronic Communications Privacy Act of 
     1986 (18 U.S.C. 2510 note), Fair Credit Reporting Act (15 
     U.S.C. 1601 et seq.), and the Cable Television Consumer 
     Protection and Competition Act of 1992 (47 U.S.C. 521 et 
     seq.), and if necessary, propose any legislation to--
       (A) ensure appropriate privacy protection for both 
     Government and private sector uses of personal information;
       (B) provide the proper balance between privacy protection 
     and legitimate, effective uses of information and the needs 
     of law enforcement agencies; and
       (C) eliminate and resolve any conflict between laws; and
       (3) evaluate the effectiveness and success of self-
     regulation privacy initiatives undertaken by the private 
     sector.
       (c) Discretionary Commission Functions.--The Commission 
     may--
       (1) evaluate the status of Federal and State laws for the 
     purpose of establishing policy objectives for Federal privacy 
     protection and electronic data protection, including efforts 
     to harmonize United States law with that of foreign 
     jurisdictions;
       (2) develop model privacy protection, electronic data 
     protection, and fair information practices, standards, and 
     guidelines;
       (3) evaluate potential technology that will enhance privacy 
     protection and electronic data protection;
       (4) identify privacy protection policies of Federal 
     agencies, and evaluate the possible need for coordination of 
     such policies; and
       (5)(A) determine the need for the establishment of a 
     permanent Federal agency, department, or bureau to maintain 
     uniform privacy protection and electronic data protection 
     policy; and
       (B) if the Commission determines such an agency is 
     advisable, develop a business plan for the establishment and 
     maintenance of such agency.
       (d) 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 18 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 
     $5,000,000 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.

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