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Senators Thompson and Kohl Introduce
"Citizens' Privacy Commission Act"
May 9, 2001
Senate Governmental Affairs Committee Chairman Fred Thompson (R-TN)
and Senator Herb Kohl (D-WI) today introduced the "Citizens'
Privacy Commission Act" (S.851), legislation which will establish
an 11-member commission to examine how federal, state, and local
governments collect and use our personal information, and to make
recommendations to Congress on how to map out government privacy
protections for the future.
"In these times of rapidly changing technology, people are
uncertain and fearful about who has access to their personal information
and how that information is being used," Chairman Thompson
said. "A recent poll shows that Americans perceive government
as the greatest threat to their personal privacy, above both the
media and corporations. The Citizens' Privacy Commission Act will
address people's concerns about the potential misuse of their personal
information by the government."
"As we consider federal privacy guidelines for the private
sector, the government should follow the highest privacy standards
and demonstrate not only that they are preferable, but that they
work. This legislation would create a commission to examine how
the various levels of government collect, use and share information
about citizens," Senator Kohl said. "The time has come
for Congress to enact reasonable and thoughtful privacy legislation,
and this bill is a sensible first step in that process."
The Citizens' Privacy Commission will investigate all aspects
of privacy in the government, such as FBI e-mail interception, IRS
data security, agency web site privacy, as well as the current applications
of the Privacy Act of 1974 and other laws addressing government
privacy practices.
Last month, Senator Thompson released the preliminary findings
of agency Inspector General reports on Internet privacy revealing
that over sixty sites were using unauthorized information- gathering
devices. Senator Thompson's work on protecting privacy has also
included a series of investigations and hearings on the security
of government computer systems; sponsoring the Government Information
Security Act, which passed as part of the National Defense Authorization
Act for Fiscal Year 2001; and sponsoring amendments to curb abusive
information-gathering practices of the Federal Government.
Cosponsors of the Thompson-Kohl bill include Senators George Voinovich
(R-OH), Carl Levin (D-MI), Strom Thurmond (R-SC), Susan Collins
(R-ME), and Peter Fitzgerald (R-IL).
The text of the bill follows:
Citizens' Privacy Commission Act of 2001 (Introduced in the
Senate)
S 851 IS
107th CONGRESS
1st Session
S. 851
To establish a commission to conduct a study of government privacy
practices, and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 9, 2001
Mr. THOMPSON (for himself, Mr. KOHL, Mr. VOINOVICH, Mr. LEVIN,
Mr. THURMOND, Ms. COLLINS, and Mr. FITZGERALD) introduced the following
bill; which
was read twice and referred to the Committee on Governmental Affairs
A BILL
To establish a commission to conduct a study of government privacy
practices, and for other purposes.
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 'Citizens' Privacy Commission Act
of 2001'.
SEC. 2. FINDINGS.
Congress finds the following:
- Americans are increasingly concerned about their civil liberties
and the security, collection, use, and distribution of their
personal information by
government, including medical records and genetic information,
educational records, health records, tax records, library records,
driver's license
numbers, and other records.
- The shift from a paper based government to an information
technology reliant government calls for a reassessment of the
most effective way to
balance personal privacy and information use, keeping in mind
the potential for unintended effects on technology development
and privacy needs.
- Concerns have been raised about the adequacy of existing
government privacy laws and the adequacy of their enforcement
in light of new
technologies.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the 'Citizens'
Privacy Commission' (in this Act referred to as the 'Commission').
SEC. 4. DUTIES OF COMMISSION.
(a) STUDY- The Commission shall conduct a study of issues relating
to protection of individual privacy and the appropriate balance
to be achieved between
protecting individual privacy and allowing appropriate uses of
information, including the following:
(1) The collection, use, and distribution of personal information
by Federal, State, and local governments.
(2) Current efforts and proposals to address the collection,
use, and distribution of personal information by Federal and
State governments, including--
(A) existing statutes and regulations relating to the protection
of individual privacy, including section 552a of title 5,
United States Code
(commonly referred to as the Privacy Act of 1974) and section
552 of that title (commonly referred to as the Freedom of
Information Act); and
(B) privacy protection efforts undertaken by the Federal
Government, State governments, foreign governments, and international
governing
bodies.
(3) The extent to which individuals in the United States can
obtain redress for privacy violations by government.
(b) FIELD HEARINGS- The Commission shall conduct at least 3
field hearings in different geographical regions of the United
States.
(c) REPORT-
(1) IN GENERAL- Not later than 18 months after the appointment
of all members of the Commission--
(A) a majority of the members of the Commission shall approve
a report; and
(B) the Commission shall submit the approved report to the
Congress and the President.
(2) CONTENTS- The report shall include a detailed statement
of findings, conclusions, and recommendations regarding government
collection, use and
disclosure of personal information, including the following:
(A) Findings on potential threats posed to individual privacy.
(B) Analysis of purposes for which sharing of information
is appropriate and beneficial to the public.
(C) Analysis of the effectiveness of existing statutes,
regulations, technology advances, third-party verification,
and market forces in protecting
individual privacy.
(D) Recommendations on whether additional legislation or
regulation is necessary, and if so, specific suggestions on
proposals to reform or
augment current laws and regulations relating to citizens'
privacy.
(E) Analysis of laws, regulations, or proposals which may
impose unreasonable costs or burdens, raise constitutional
concerns, or cause
unintended harm in other policy areas, such as security, law
enforcement, medical research and treatment, employee benefits,
or critical
infrastructure protection.
(F) Cost analysis of legislative or regulatory changes proposed
in the report.
(G) Recommendations on non-legislative solutions to individual
privacy concerns, including new technology, education, best
practices, and third
party verification.
(H) Recommendations on alternatives to government collection
of information, including private sector retention.
(I) Review of the effectiveness and utility of third-party
verification.
(d) ADDITIONAL REPORT- Together with the report under subsection
(c), the Commission shall submit to the Congress and the President
any additional
report of dissenting opinions or minority views by a member of
the Commission.
(e) INTERIM REPORT- The Commission may submit to the Congress
and the President an interim report approved by a majority of
the members of the
Commission.
SEC. 5. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT- The Commission shall be composed
of 11 members appointed as follows:
(1) 2 members appointed by the President.
(2) 2 members appointed by the Majority Leader of the Senate.
(3) 2 members appointed by the Minority Leader of the Senate.
(4) 2 members appointed by the Speaker of the House of Representatives.
(5) 2 members appointed by the Minority Leader of the House
of Representatives.
(6) 1 member, who shall serve as Chairperson of the Commission,
appointed jointly by the President, the Majority Leader of the
Senate, the Minority
Leader of the Senate, the Speaker of the House of Representatives,
and the Minority Leader of the House of Representatives.
(b) DIVERSITY OF VIEWS- The appointing authorities under subsection
(a) shall seek to ensure that the membership of the Commission
has a diversity of
experiences and expertise on the issues to be studied by the Commission,
such as views and experiences of Federal, State, and local governments,
the
media, the academic community, consumer groups, public policy
groups and other advocacy organizations, civil liberties experts,
and business and industry
(including small business, the information technology industry,
the health care industry, and the financial services industry).
(c) DATE OF APPOINTMENT- The appointment of the members of the
Commission shall be made not later than 30 days after the date
of the enactment of
this Act.
(d) TERMS- Each member of the Commission shall be appointed
for the life of the Commission.
(e) VACANCIES- A vacancy in the Commission shall be filled in
the same manner in which the original appointment was made.
(f) COMPENSATION; TRAVEL EXPENSES- Members of the Commission
shall serve without pay, but shall receive travel expenses, including
per diem in
lieu of subsistence, in accordance with sections 5702 and 5703
of title 5, United States Code.
(g) QUORUM- A majority of the members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(h) MEETINGS-
(1) IN GENERAL- The Commission shall meet at the call of the
Chairperson or a majority of its members.
(2) INITIAL MEETING- Not later than 45 days after the date
of the enactment of this Act, the Commission shall hold its
initial meeting.
SEC. 6. DIRECTOR; STAFF; EXPERTS AND CONSULTANTS.
(a) DIRECTOR-
(1) IN GENERAL- Not later than 40 days after the date of enactment
of this Act, the Chairperson of the Commission shall appoint
a Director without
regard to the provisions of title 5, United States Code, governing
appointments to the competitive service.
(2) PAY- The Director shall be paid at the rate payable for
level III of the Executive Schedule established under section
5314 of such title.
(b) STAFF- The Director may appoint staff as the Director determines
appropriate.
(c) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS-
(1) IN GENERAL- The staff of the Commission shall be appointed
without regard to the provisions of title 5, United States Code,
governing
appointments in the competitive service.
(2) PAY- The staff of the Commission shall be paid in accordance
with the provisions of chapter 51 and subchapter III of chapter
53 of that title relating
to classification and General Schedule pay rates, but at rates
not in excess of the maximum rate for grade GS-15 of the General
Schedule under
section 5332 of that title.
(d) EXPERTS AND CONSULTANTS- The Director may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
(e) STAFF OF FEDERAL AGENCIES-
(1) IN GENERAL- Upon request of the Director, 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 this Act.
(2) NOTIFICATION- Before making a request under this subsection,
the Director shall give notice of the request to each member
of the Commission.
SEC. 7. POWERS OF COMMISSION.
(a) HEARINGS AND SESSIONS- The Commission may, for the purpose
of carrying out this Act, hold hearings, sit and act at times
and places, take
testimony, and receive evidence as the Commission considers appropriate.
The Commission may administer oaths or affirmations to witnesses
appearing before it.
(b) POWERS OF MEMBERS AND AGENTS- Any member or agent of the
Commission may, if authorized by the Commission, take any action
which the
Commission is authorized to take by this section.
(c) OBTAINING OFFICIAL INFORMATION-
(1) IN GENERAL- Except as provided in paragraph (2), if the
Chairperson of the Commission submits a request to a Federal
department or agency for
information necessary to enable the Commission to carry out
this Act, the head of that department or agency shall furnish
that information to the
Commission.
(2) EXCEPTION FOR NATIONAL SECURITY- If the head of that department
or agency determines that it is necessary to guard that information
from
disclosure to protect the national security interests of the
United States, the head shall not furnish that information to
the Commission.
(d) WEBSITE- The Commission shall establish a website to facilitate
public participation and the submission of public comments.
(e) MAILS- The Commission may use the United States mails in
the same manner and under the same conditions as other departments
and agencies of the
United States.
(f) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the
Director, the Administrator of General Services shall provide
to the Commission, on a
reimbursable basis, the administrative support services necessary
for the Commission to carry out this Act.
(g) GIFTS AND DONATIONS- The Commission may accept, use, and
dispose of gifts or donations of services or property to carry
out this Act, but only to the
extent or in the amounts provided in advance in appropriation
Acts.
(h) CONTRACTS- The Commission may contract with and compensate
persons and government agencies for supplies and services, without
regard to
section 3709 of the Revised Statutes (41 U.S.C. 5).
(i) SUBPOENA POWER-
(1) IN GENERAL- The Commission may issue subpoenas requiring
the attendance and testimony of witnesses and the production
of any evidence
relating to any matter that the Commission is empowered to investigate
by section 4. The attendance of witnesses and the production
of evidence may
be required by such subpoena from any place within the United
States and at any specified place of hearing within the United
States.
(2) FAILURE TO OBEY A SUBPOENA- If a person refuses to obey
a subpoena issued under paragraph (1), the Commission may apply
to a United
States district court for an order requiring that person to
appear before the Commission to give testimony, produce evidence,
or both, relating to the
matter under investigation. The application may be made within
the judicial district where the hearing is conducted or where
that person is found,
resides, or transacts business. Any failure to obey the order
of the court may be punished by the court as civil contempt.
(3) SERVICE OF SUBPOENAS- The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued
by a United States
district court under the Federal Rules of Civil Procedure for
the United States district courts.
(4) SERVICE OF PROCESS- All process of any court to which
application is made under paragraph (2) may be served in the
judicial district in which
the person required to be served resides or may be found.
SEC. 8. PRIVACY PROTECTIONS.
(a) DESTRUCTION OR RETURN OF INFORMATION REQUIRED- Upon the
conclusion of the matter or need for which individually identifiable
information
was disclosed to the Commission, the Commission shall either destroy
the individually identifiable information or return it to the
person or entity from which it
was obtained, unless the individual that is the subject of the
individually identifiable information has authorized its disclosure.
(b) DISCLOSURE OF INFORMATION PROHIBITED- The Commission--
(1) shall protect individually identifiable information from
improper use; and
(2) may not disclose such information to any person, including
the Congress or the President, unless the individual that is
the subject of the information
has authorized such a disclosure.
(c) PROPRIETARY BUSINESS INFORMATION AND FINANCIAL INFORMATION-
The Commission shall protect from improper use, and may not disclose
to
any person, proprietary business information and proprietary financial
information that may be viewed or obtained by the Commission in
the course of
carrying out its duties under this Act.
(d) INDIVIDUALLY IDENTIFIABLE INFORMATION DEFINED- In this section,
the term `individually identifiable information' means any information,
whether
oral or recorded in any form or medium, that identifies an individual,
or with respect to which there is a reasonable basis to believe
that the information can be
used to identify an individual.
SEC. 9. BUDGET ACT COMPLIANCE.
Any new contract authority authorized by this Act shall be effective
only to the extent or in the amounts provided in advance in appropriation
Acts.
SEC. 10. TERMINATION.
The Commission shall terminate 30 days after submitting a report
under section 4(c).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There are authorized to be appropriated to the
Commission $3,000,000 to carry out this Act.
(b) AVAILABILITY- Any sums appropriated pursuant to the authorization
in subsection (a) shall remain available until expended.
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