HR 4049 RH
Union Calendar No. 553
106th CONGRESS
2d Session
H. R. 4049
[Report No. 106-919]
To establish the Commission for the Comprehensive Study of Privacy
Protection.
IN THE HOUSE OF REPRESENTATIVES
March 21, 2000
Mr. HUTCHINSON (for himself, Mr. MORAN of Virginia, Ms. GRANGER, Mr. BRADY of
Texas, Mr. DAVIS of Florida, Ms. PRYCE of Ohio, Mr. SUNUNU, Mr. BARRETT of
Wisconsin, Mr. COBURN, Mr. DICKEY, Mr. KLECZKA, Mr. PITTS, Mr. GREENWOOD, Mr.
RILEY, Mr. DUNCAN, Mr. LUCAS of Oklahoma, Mr. KOLBE, Mr. CAMPBELL, Mrs. KELLY,
Mr. DAVIS of Virginia, and Mr. VITTER) introduced the following bill; which was
referred to the Committee on Government Reform
September 29, 2000
Additional sponsors: Mr. TURNER, Mr. WEINER, Mr. GREEN of Wisconsin, Mr.
DOOLEY of California, Mr. BILBRAY, Ms. RIVERS, Mr. THUNE, Mr. ENGLISH, Mrs.
BIGGERT, Mr. MURTHA, Mrs. ROUKEMA, Mr. ISAKSON, Mr. SHIMKUS, Mr. RYAN of
Wisconsin, Mr. REYNOLDS, and Mr. Cunningham
September 29, 2000
Reported with an amendment, committed to the Committee of the Whole House on
the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in
italic]
[For text of introduced bill, see copy of bill as introduced on March
21, 2000]
A BILL
To establish the Commission for the Comprehensive Study of Privacy
Protection.
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 `Privacy Commission Act'.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Americans are increasingly concerned about their civil liberties
and the security and use of their personal information, including medical
records, educational records, library records, magazine subscription
records, records of purchases of goods and other payments, and driver's
license numbers.
(2) Commercial entities are increasingly aware that consumers expect
them to adopt privacy policies and take all appropriate steps to protect the
personal information of consumers.
(3) There is a growing concern about the confidentiality of medical
records, because there are inadequate Federal guidelines and a patchwork of
confusing State and local rules regarding privacy protection for
individually identifiable patient information.
(4) In light of recent changes in financial services laws allowing
for increased sharing of information between traditional financial
institutions and insurance entities, a coordinated and comprehensive review
is necessary regarding the protections of personal data compiled by the
health care, insurance, and financial services industries.
(5) The use of Social Security numbers has expanded beyond the uses
originally intended.
(6) Use of the Internet has increased at astounding rates, with
approximately 5 million current Internet sites and 64 million regular
Internet users each month in the United States alone.
(7) Financial transactions over the Internet have increased at an
astounding rate, with 17 million American households spending $20 billion
shopping on the Internet last year.
(8) Use of the Internet as a medium for commercial activities will
continue to grow, and it is estimated that by the end of 2000, 56 percent of
the companies in the United States will sell their products on the
Internet.
(9) There have been reports of surreptitious collection of consumer
data by Internet marketers and questionable distribution of personal
information by on-line companies.
(10) In 1999, the Federal Trade Commission found that 87 percent of
Internet sites provided some form of privacy notice, which represented an
increase from 15 percent in 1998.
(11) The United States is the leading economic and social force in
the global information economy, largely because of a favorable regulatory
climate and the free flow of information. It is important for the United
States to continue that leadership. As nations and governing bodies around
the world begin to establish privacy standards, these standards will
directly affect the United States.
(12) The shift from an industry-focused economy to an
information-focused economy 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, innovation, the
marketplace, and privacy needs.
(13) This Act shall not be construed to prohibit the enactment of
legislation on privacy issues by the Congress during the existence of the
Commission. It is the responsibility of the Congress to act to protect the
privacy of individuals, including individuals' medical and financial
information. Various committees of the Congress are currently reviewing
legislation in the area of medical and financial privacy. Further study by
the Commission established by this Act should not be considered a
prerequisite for further consideration or enactment of financial or medical
privacy legislation by the Congress.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the `Commission for
the Comprehensive Study of Privacy Protection' (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 monitoring, collection, and distribution of personal
information by Federal, State, and local governments, including personal
information collected for a decennial census, and such personal information
as a driver's license number.
(2) Current efforts to address the monitoring, collection, and
distribution of personal information by Federal and State governments,
individuals, or entities, including--
(A) existing statutes and regulations relating to the protection
of individual privacy, such as section 552a of title 5, United States Code
(commonly referred to as the Privacy Act of 1974) and section 552 of title
5, United States Code (commonly referred to as the Freedom of Information
Act);
(B) legislation pending before the Congress;
(C) privacy protection efforts undertaken by the Federal
Government, State governments, foreign governments, and international
governing bodies;
(D) privacy protection efforts undertaken by the private sector;
and
(E) self-regulatory efforts initiated by the private sector to
respond to privacy issues.
(3) The monitoring, collection, and distribution of personal
information by individuals or entities, including access to and use of
medical records, financial records (including credit cards, automated teller
machine cards, bank accounts, and Internet transactions), personal
information provided to on-line sites accessible through the Internet,
Social Security numbers, insurance records, education records, and driver's
license numbers.
(4) Employer practices and policies with respect to the financial
and health information of employees, including--
(A) whether employers use or disclose employee financial or health
information for marketing, employment, or insurance underwriting
purposes;
(B) what restrictions employers place on disclosure or use of
employee financial or health information;
(C) employee rights to access, copy, and amend their own health
records and financial information;
(D) what type of notice employers provide to employees regarding
employer practices with respect to employee financial and health
information; and
(E) practices of employer medical departments with respect to
disclosing employee health information to administrative or other
personnel of the employer.
(5) The extent to which individuals in the United States can obtain
redress for privacy violations.
(6) The extent to which older individuals and disabled individuals
are subject to exploitation involving the disclosure or use of their
financial information.
(1) IN GENERAL- The Commission shall conduct at least 2 field
hearings in each of the 5 geographical regions of the United
States.
(2) BOUNDARIES- For purposes of this subsection, the Commission may
determine the boundaries of the five geographical regions of the United
States.
(1) IN GENERAL- Not later than 18 months after 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, 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 consumers.
(C) Analysis of the effectiveness of existing statutes,
regulations, private sector self-regulatory efforts, technology advances,
and market forces in protecting individual privacy.
(D) Recommendations on whether additional legislation is
necessary, and if so, specific suggestions on proposals to reform or
augment current laws and regulations relating to individual
privacy.
(E) Analysis of purposes for which additional regulations may
impose undue costs or burdens, or cause unintended consequences in other
policy areas, such as security, law enforcement, medical research, 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 education, market-based measures, industry
best practices, and new technology.
(H) Review of the effectiveness and utility of third-party
verification of privacy statements, including specifically with respect to
existing private sector self-regulatory efforts.
(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 17
members appointed as follows:
(1) 4 members appointed by the President.
(2) 4 members appointed by the majority leader of the
Senate.
(3) 2 members appointed by the minority leader of the
Senate.
(4) 4 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, and
the Speaker 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 views and experiences 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, business and industry (including small business), the
medical community, civil liberties experts, 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.
(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.
(1) IN GENERAL- On or after October 1, 2000, 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) 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.
(e) 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.
(f) 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.
(g) 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).
(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. TERMINATION.
The Commission shall terminate 30 days after submitting a report under
section 4(c).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There are authorized to be appropriated to the
Commission $5,000,000 to carry out this Act.
(b) AVAILABILITY- Any sums appropriated pursuant to the authorization
in subsection (a) shall remain available until expended.
SEC. 10. 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. 11. 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- For the purposes of
this Act, 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.
Union Calendar No. 553
106th CONGRESS
2d Session
H. R. 4049
[Report No. 106-919]
A BILL
To establish the Commission for the Comprehensive Study of Privacy
Protection.
September 29, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
END