SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘American Family Pri-
vacy Act of 1997’’.
SEC. 2. RESTRICTIONS ON PROVISION OF ACCESS TO SO-
CIAL SECURITY ACCOUNT STATEMENT IN-
FORMATION, PERSONAL EARNINGS AND BEN-
EFITS ESTIMATE STATEMENT INFORMATION,
OR TAX RETURN INFORMATION OF AN INDI-
VIDUAL.
(a) PROHIBITION AGAINST MAKING CERTAIN INFOR-
MATION AVAILABLE THROUGH THE INTERNET.—No Fed-
eral officer or employee may make available through the
Internet a social security account statement (or informa-
tion 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 informa-
tion of an individual.
(b) RESTRICTION ON ACCESS WITHOUT WRITTEN
CONSENT OF INDIVIDUAL.—No Federal officer or em-
ployee may make available to a member of the public a
social security account statement (or information con-
tained in such a statement), a personal earnings and bene-
fits 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 individ-
ual.
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 Pri-
vacy 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 Presi-
dent.
(B) Two members appointed by the Speak-
er of the House of Representatives.
(C) Two members appointed by the major-
ity leader of the Senate.
(3) INITIAL APPOINTMENTS.—Each member of
the Commission shall be appointed to the Commis-
sion not later than 60 days after the date of the en-
actment 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 (includ-
ing any tax return and tax return information), so-
cial security information (including any social secu-
rity 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 infor-
mation with respect to the individual without jeop-
ardizing the privacy of the individual.
(c) REPORT.—Not later than April 15, 1998, the
Commission shall submit to the President and the Con-
gress a report containing a detailed statement of the Com-
mission’s findings and conclusions and the Commission’s
recommendations for administrative and legislative action.
(d) POWERS.—
(1) HEARINGS AND SESSIONS.—The Commis-
sion 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 evi-
dence as the Commission considers appropriate. The
Commission may administer oaths to witnesses ap-
pearing before it.
(2) OBTAINING INFORMATION.— The Commis-
sion 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 wit-
nesses).
(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 Stat-
utes (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 mem-
bers.
(2) QUORUM.—Five members of the Commis-
sion shall constitute a quorum, but a lesser number
may hold hearings.
(3) DELEGATION OF AUTHORITY.—Any mem-
ber or agent of the Commission may, if authorized
by the Commission, take any action that the Com-
mission 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) dur-
ing which they are engaged in the actual perform-
ance 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 Com-
mission 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 Sched-
ule under section 5316 of such title and the rate of
pay for other personnel may not exceed the maxi-
mum 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 de-
partments and agencies of the United States.
(2) EXPERTS AND CONSULTANTS.—The Com-
mission may procure temporary and intermittent
services under section 3109(b) of title 5, United
States Code.
(3) STAFF OF FEDERAL AGENCIES.—Upon re-
quest 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 facilitat-
ing 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 Commis-
sion shall terminate not later than 60 days after submit-
ting its report to the President and the Congress pursuant
to subsection (c).
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