II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Privacy Protection

5 Study Commission Act of 1999’’.
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1 SEC. 2. REFERENCES.

2 (a) E–FOIA.—Any reference in this Act to E–FOIA

3 shall be a reference to the Electronic Freedom of Informa4 tion Act Amendments of 1996 (5 U.S.C. 552 note).

5 (b) FOIA.—Any reference in this Act to FOIA shall

6 be a reference to section 552 of title 5, United States

7 Code.

8 SEC. 3. ESTABLISHMENT OF COMMISSION.

9 (a) ESTABLISHMENT.—There is established a com10 mission to be known as the Privacy Protection Study Com11 mission (hereafter in this Act referred to as the ‘‘Commis12 sion’’).

13 (b) MEMBERSHIP.—

14 (1) COMPOSITION.—The Commission shall be

15 composed of 9 members of whom—

16 (A) 3 shall be appointed by the President

17 of the United States;

18 (B) 2 shall be appointed by the Majority

19 Leader of the Senate and 1 shall be appointed

20 by the Minority Leader of the Senate; and

21 (C) 2 shall be appointed by the Speaker of

22 the House of Representatives and 1 shall be ap23 pointed by the Minority Leader of the House of

24 Representatives.

25 (2) QUALIFICATIONS.—Members of the Com26 mission shall be chosen based on their knowledge
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1 and expertise in law, civil rights and liberties, pri2 vacy matters, government, business, telecommuni3 cations, media, or information technology.

4 (3) CHAIRMAN AND VICE CHAIRMAN.—The

5 Commission shall elect a Chairman and Vice Chair6 man from among its members. The Chairman, or a

7 member appointed by the Chairman, shall be the of8 ficial spokesperson of the Commission in its relations

9 with Congress, Government agencies, other persons,

10 and the public.

11 (4) TERM OF APPOINTMENT; VACANCIES.—

12 (A) APPOINTMENT.—

13 (i) IN GENERAL.—Members shall ini14 tially be appointed not later than 90 days

15 after the date of enactment of this Act.

16 (ii) TERM.—Members shall be ap17 pointed for the life of the Commission.

18 (B) VACANCY.—Any vacancy in the Com19 mission shall not affect its powers and shall be

20 filled in the same manner as the original ap21 pointment.

22 (5) VOTING.—Each member of the Commission

23 shall have equal responsibility and authority in all

24 decisions and actions of the Commission, and shall
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1 have 1 vote. Action of the Commission shall be de2 termined by a majority vote of the members present.

3 (6) QUORUM.—Five members of the Commis4 sion shall constitute a quorum, however a lesser

5 number of members may hold hearings.

6 SEC. 4. DUTIES OF THE COMMISSION.

7 (a) INVESTIGATION.—The Commission is authorized

8 to conduct a thorough investigation of all matters relating

9 to FOIA and the implementation of the 1996 E–FOIA

10 Act.

11 (b) REPORTS; RECOMMENDATIONS.—

12 (1) PROGRESS REPORTS.—The Commission

13 may provide periodic written reports to the Presi14 dent and the Judiciary Committees of the Senate

15 and the House of Representatives on the Commis16 sion’s activities and findings.

17 (2) FINAL REPORT.—

18 (A) IN GENERAL.—Not later than 12

19 months after the date on which the first meet20 ing of the Commission occurs, the Commission

21 shall submit a written final report to the Presi22 dent and Congress on the Commission’s find23 ings.

24 (B) CONTENTS.—The report shall contain

25 a detailed statement of the Commission’s find-
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1 ings and conclusions, together with any rec2 ommendations for such legislation and adminis3 trative actions as the Commission considers ap4 propriate.

5 SEC. 5. POWERS OF THE COMMISSION.

6 (a) HEARINGS.—The Commission may hold such

7 hearings and sit and act at such times and places, admin8 ister oaths, and require by subpoena or otherwise, the at9 tendance and testimony of witnesses and the production

10 of books, records, correspondence, memorandums, papers,

11 and documents as the Commission considers necessary.

12 (b) SUBPOENA POWERS.—

13 (1) IN GENERAL.—Subpoenas issued under sub14 section (a)—

15 (A) may only be issued pursuant to a ma16 jority vote of all the members of the Commis17 sion, including affirmative votes by the Chair18 man and the Vice-Chairman of the Commission;

19 (B) shall bear the signature of the Chair20 man of the Commission or any designated

21 member; and

22 (C) may be served by any person or class

23 of persons designated by the Chairman for that

24 purpose.

25 (2) ENFORCEMENT.—
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1 (A) IN GENERAL.—In case of contumacy

2 or failure to obey a subpoena issued under sub3 section (a), the United States district court for

4 the judicial district in which the subpoenaed

5 person resides, is served, or may be found, may

6 issue an order requiring such person to appear

7 at any designated place to testify or to produce

8 documentary or other evidence.

9 (B) PUNISHMENT.—Any failure to obey

10 the order of the court may be punished by the

11 court.

12 (3) WITNESS ALLOWANCE AND FEES.—The

13 provisions of section 1821 of title 28, United States

14 Code, shall apply to witnesses requested or subpoe15 naed to appear at any hearing of the Commission.

16 The per diem and mileage allowances for witnesses

17 shall be paid from funds available to pay the ex18 penses of the Commission.

19 (c) INFORMATION FROM FEDERAL AGENCIES.—The

20 Commission may secure directly from any executive de21 partment, bureau, agency, board, commission, office, inde22 pendent establishment, or instrumentality any informa23 tion, suggestions, estimates, and statistics for the purpose

24 of carrying out this Act. Any entity from which such infor25 mation is requested is authorized and directed, to the ex-
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1 tent authorized by law, to furnish the requested informa2 tion to the Commission, upon request made jointly by the

3 Chairman and Vice Chairman.

4 (d) CONFIDENTIALITY.—

5 (1) IN GENERAL.—The Commission may accept

6 from any Federal agency or other person, any identi7 fiable personal data if such data is necessary to

8 carry out its powers and functions.

9 (2) SAFEGUARDS.—In any case in which the

10 Commission accepts such information, it shall pro11 vide all appropriate safeguards to ensure that the

12 confidentiality of the information is maintained and

13 that upon completion of the specific purpose for

14 which such information is required, the information

15 is destroyed or returned to the agency or person

16 from which it was obtained.

17 SEC. 6. COMMISSION PERSONNEL MATTERS.

18 (a) COMPENSATION OF COMMISSION MEMBERS.—

19 (1) IN GENERAL.—Except as provided in para20 graph (2), each member of the Commission shall be

21 compensated at a rate equal to the daily equivalent

22 of the annual rate of basic pay prescribed for level

23 IV of the Executive Schedule under section 5315 of

24 title 5, United States Code, for each day during
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1 which such member is engaged in the actual per2 formance of the duties of the Commission.

3 (2) GOVERNMENT PERSONNEL.—Members of

4 the Commission who are full-time officers or employ5 ees of the United States or Members of Congress

6 shall receive no additional pay on account of their

7 service on the Commission.

8 (b) TRAVEL EXPENSES.—While away from their

9 homes or regular places of business in the performance

10 of services for the Commission, the members of the Com11 mission shall be allowed travel expenses, including per

12 diem in lieu of subsistence, at rates authorized for employ13 ees of agencies under subchapter I of chapter 57 of title

14 5, United States Code.

15 (c) STAFF.—

16 (1) IN GENERAL.—The Chairman of the Com17 mission may, without regard to the civil service laws

18 and regulations, appoint and terminate an executive

19 director and such other personnel as may be nec20 essary to enable the Commission to perform its du21 ties.

22 (2) COMPENSATION.—The Chairman of the

23 Commission may fix the compensation of the execu24 tive director and other personnel without regard to

25 the provisions of chapter 51 and subchapter III of
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1 chapter 53 of title 5, United States Code, relating

2 to classification of positions and General Schedule

3 pay rates, except that the rate of pay for the execu4 tive director and other personnel may not exceed the

5 rate payable for level V of the Executive Schedule

6 under section 5326 of such title.

7 (3) SPECIAL EXPERTS AND CONSULTANTS.—

8 The Chairman of the Commission is authorized to

9 procure the services of experts and consultants in

10 accordance with section 3109 of title 5, United

11 States Code, at rates for individuals not to exceed

12 the daily equivalent of the annual rate of basic pay

13 prescribed for level V of the Executive Schedule

14 under section 5316 of such title.

15 SEC. 7. TERMINATION OF THE COMMISSION.

16 The Commission shall terminate 30 days after the

17 date on which its final report is submitted to the President

18 and Congress.

19 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

20 (a) IN GENERAL.—There are authorized to be appro21 priated $4,000,000 to carry out the provisions of this Act.

22 (b) AVAILABILITY.—Any sums appropriated in this

23 section shall remain available, without fiscal year limita24 tion, until expended.

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